r UC-NRLF LIBR^RV OF THE University of California. GIKT OK Received ~Ccunn^ . igof Accession No. ^ ^0^2 0^- Chus No. C^ryy^^kLOC&i^.y^jt>^. m M THE CODE OF THE City of Atlanta, CONTAINING THE CHARTER OF 1874, i I AND THE AMENDMENTS THERETO, CERTAIN OTHER LAWS OF THE | STATE, THE ORDINANCES ADOPTED BY THE MAYOR AND | GENERAL COUNCIL, AND AN APPENDIX CONTAINING I WATERWORKS RULES AND RATES, CITY GOV- | ERNMENT, RULES OF ORDER, STREET H RAILWAY AND TELEPHONE j FRANCHISES, ETC. t COMPILED BY J. A. ANDERSON, CITY ATTORNEY. ADOPTED BY THE MAYOR AND GENERAL COUNCIL, SEPTEMBER 4th, 1899, AND APPROVED THE SAME DAY. THE BYRD PRINTING CO.. PRINTERS. '^xotz BYRD^ PRINTING COMPANY ATLANTA ■C/'-j Iv Preface. Li HE effort has been made for the first time iince the U passage of the Charter of 1874 to eliminate from the various Acts of Incorporation all portions thereof which have certainly been repealed, and to arrange the organic law of the City of Atlanta subjectively so far as practicable. Some matter which had been re- pealed had to be retained because duties which, under former Acts, devolved upon certain ofi&cers devolved, under later Acts, upon other officers, as in the case of the abolishment of the former Board of Commis- sioners of Streets and Sewers and the creation of the office of Commissioner of Public Works. Another notable case is the retention of the various sections on Finance and City Bonds as showing authority for what has been done in the past and the history of the changes made in their regular order. Ill the compilation of the Ordinances and the elim- ination of those repealed I have been greatly aided by Mr. W. J. Campbell and by Alderman Rice and Councilman LaHatte, who have both given to the work much time and valuable suggestion. The Index, which it is believed is copious and accu- rate, is the w;ork of MESSRS. Parry and McCord. JAMES A. ANDERSON. CONTENTS. PART I.— CHARTER. CHAPTER. PAGK. 1. Corporate name, powers and limits 1 2. Mayor 9 3. Legislative Department 12 4. Elections-- 20 5. Power to tax 23 6. Finance 26 7. Water supply 30 8. Streets, sidewalks, grades, etc 43 9. Board of Health 58 10. Police Department 60 11. Public Schools 62 12. City Assessors and Receivers 63 13. Tax Collector, Treasurer, Marshal, Clerk 63 14. Recorder, Auditor 68 15. Building Inspectors, City Attorney, Engineer, Sexton. 70 16. Miscellaneous powers and duties 71 17. City bonds, charter surplus, sinking fund. 74 18. City Comptroller, office of, created; modification as to financial and tax system ... 81 19. Purchase of lot for United States building ratified, also purchase of mortgage on old Capitol . . 83 20. Taxation and tax officers, opening and closing of tax books, business and sanitary tax, discounts, inter- est on executions 84 PART U.— GENERAL LAT\^S. 21. General laws of the State having special reference to cities 89 PART lU.-ORDESTANCES. 1. Council chamber, seal and colors. Ill 2. Wards 112 3. Elections for Mayor, Aldermen and Councilmen 113 4. Registration of voters 114 5. Mayor, Mayor pro tern 117 6. Committees 118 Contents. CHAPTER. PAGE. 7. Commission, Sinking Fund 120 8. Bonds of the city. - 124 9. Boards of different departments 158 10. Officers, ordinances governing 159 11. Building Inspectors and building regulations 167 12. Fire Department 186 13. Fire limits 196 14. Fires, precautions against . 198 15. Water 204 16. City Physicians 211 17. Health, Sanitary Department 213 18. Sanitary tax 231 19. Marriages, births and deaths 231 20. Drainage, including sanitary plumbing. - 234 21. Government of Grady Hospital 241 22. Sexton 244 23. Cemeteries 245 24. Public Schools 249 25. Parks 252 26. City Attorney 254 27. Clerk of Council 255 28. City Comptroller 258 29. City Engineer 263 30. Commissioner of Public Works 266 31. Streets and alleys 270 32. Sewers, permits, etc 299 33. Street Improvement Collector 307 34. City Electrician, electric wires, etc 311 35. Street railroad companies 320 36. Railroad companies, duties as to flagmen, crossings, etc 330 37. City Weighers, weights and measures 337 38. Treasurer . . 341 19. Tax Collector, Assessors and Receivers 343 40. Executions, tax sales, Marshal 350 41 . Registration of business licenses 355 42. Peddlers 358 43. License Inspector, Warden, alms 362 44. Liquor traffic 364 45. Powder 372 46. Police Department 374 47. Bail , 405 48. Courts and trials, convicts 406 49. Nuisances 411 50. Peace, good order and morals 414 Contents. CHAPTER. PAGE. 51. Wells and cisterns 426 52. Bill boards ^ 427 53. Bucket shops, turf exchanges, etc 428 44. Shooting galleries 429 55. Wagon yards 430 56. Vendue masters _ 431 57. Drays and hacks 432 58. Horses and mules, cattle, dogs, etc., cruelty to animals 438 59. Ivivery and private stables 442 60. Theatres, opera houses, hotels, etc 443 APPENDIX. Rules for the government of the Mayor and General Council . . 448 Waterworks Department 451 Street railway franchises 464 Telephone franchises 538 Names of Mayors and members of the Council and of the Gen- eral Council 1849 to 1899, inclusive 555 The Code R A a y ■QNI /r.RSlTY OF THE ^^CaLIFO^SV CITY OF ATLANTA PART I. CHARTER 0:B^ 1874 AS AMENDED. CHAPTER I. CORPOKATE NAME^ POWERS AND LIMITS. Section. " I Section. 1. Corporate name — Powers. 2-18. Corporate limits. Section 1. Be it enacted by the Senate and House of Representa- tives in General Assembly met, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter desig- Act i874. nated are hereby continued corporate by the name and style of The City of Atlanta, a body politic and corporate, with power to govern themselves by such ordinances, resolutions, and by-laws for municipal S'me?'^^^^ purposes as they may deem proper, not in conflict with this Charter, nor the Constitution and laws of this State, nor of the United States, with power in and by said corporate name, to contract and be con- tracted with, sue and be sued, plead and bo impleaded, in all the courts of this State, and do all other acts relating to its corporate ca- ^°^^'''"®- pacity ; and shall be able, in law, to purchase, hold, receive, enjoy, pos- sess and retain for the use and benefit of the said City of Atlanta, in perpetuity or for any term of years, any estate or estates, real or per- sonal, lands, tenements, hereditaments of whatever kind or nature so- ever, within the limits or without the limits of said city, for corporate purposes; to hold all property and effects now belonging to said city, either in her name or in the name of others, to the use of said city, for the purposes and intents for which the same were granted, or dedi- cated; to use, manage and improve, sell and convey, rent or lease, and ^""^ ^^'^' have the like powers over property hereafter acquired, and to have and use a common seal.^ Section 33 et Part I. — Charter. Corporate limits. 1% miles from \y, ofiif] nifv Union Passen- ^^ ^^^^ ^'^^J ger Depot. West End an- nexed. Act Nov. 20, 1% miles Act 1874. Other addi- tions. Sec. 2. That the corporate limits of said city shall extend one mile and three-fourths in each and every direction from a stone post or column standing in the eastern corner of the Union Passenger Depot that is to say, the corporate limits shall form a perfect circle around said stone post or column, the radius of which shall be one mile and three-fourths'; also territory included in the following limits: Commencing where the original land line between land lots No. 108 and No. 109 crosses the present corporate limits of the City of Atlanta on the west, and running from thence west along the north line of land lots 108 and 117 to the northwest corner of said land lot 117; from thence running south along the west line of land lots 117 and 118 to the southwest corner of land lot 118 ; from thence east along the south line of land lots 118 and 107 to the Central Eailroad; thence in a straight line in a northeasterly direction to a point where Hum- phries street crosses the present corporate limits of the City of Atlanta, as shown by Cooper's Map of Atlanta, and from thence along the pres- ent corporate limits of the City of Atlanta to the beginning point.' In addition to the territory hereinbefore mentioned, the said limits of the City of Atlanta shall be extended along the track of the Geor- gia Eailroad to the line dividing the property formerly owned by Mrs. E. M. Clark and now owned by the East Atlanta Land Com- pany, from the place owned by Mrs. Ed Holland, and thence north- wardly along said line, along the property of the East Atlanta Land Company, and thence westwardly along the line of said company, back to the present limits of the City of Atlanta." Also beginning at the intersection of the present city limits and the Georgia Eailroad track, and running thence northeasterly along said track of said Georgia Eailroad to the dividing line between Fulton county and DeKalb county ; thence running north along said dividing line between said counties to the intersection of the northeasterly line of Augusta avenue, projected to intersect said county dividing line; thence along said northeasterly line of said Augusta avenue in a northwesterly di- rection to the intersection of the northwesterly line of Highland ave- nue and the said northeastery line of said Augusta avenue, projected ; thence southwesterly along said northwesterly line of said Highland avenue, to its intersection with the present city limits ; thence along the line of the present city limits of the City of Atlanta to the point of beginning. The territory above described shall be and constitute a part of the Fourth ward of said City of Atlanta. The sale of liquor or beer or other intoxicating drinks is hereby prohibited in any parts of the corporate limits of Atlanta, outside of the radius or circle of one mile and a half from the center of the city." Sept. 4, 1 See Act September 4th, ^ See Act November 20th, 8 See Act September 4th, * See Act September 4th, and November 20th, Acts of Incorporation. Sec. 3. In all cases, except where expressly excepted in this act, all laws and ordinances, whether general or special, now applicable and in force in the City of Atlanta as now constituted, shall, from and af- J^?^^ ^^^ °■■• •^ ' ' dinancea of ter January 1st, next, be applicable and of force in the territory now Atlanta to ap- known as West End, as described above. Laws for the collection of balances due West End, as well as for preserving order, are covered by this section. Sec. 4. Said territory now known as West End, and described above, shall, by itself, be a separate and distinct ward of the city of Atlanta, and shall be known and designated as the Seventh ward of iyp* ^"^ *° ^^ ^ ^ 7th ward. the City of Atlanta, and shall in the future be and remain a separate, distinct ward, with its boundaries unchanged, except as the same may be enlarged by and with the consent of two-thirds of the General Council of the City of Atlanta. Sec. 5. Said territory, when it shall become the Seventh ward of the City of Atlanta, shall be entitled to only one Councilman for the ^^^ councii- next five years from the date of annexation, unless said territory shall "^" *°'' ^ ^^• sooner contain five thousand or more inhabitants; then and in that event, said Seventh ward shall be entitled to two Councilmen equally with the other wards of said city. The first Councilman for said ward shall be elected in the same manner and under the same rules and reg- ulations as shall be the Aldermen and Councilmen for the other wards of the City of Atlanta at the next general city election ; that is, at tlie general city election to take place in the City of Atlanta, the present territory of West End shall participate in said general election just as if it were then a part of the territory of the City of Atlanta, and the citizens thereof shall vote for the full city officers, including their own Councilman, as do the other citizens of Atlanta for the purposes of said election. Said Councilman, at said election chosen, shall serve for the term of two years, and at every other election a new Councilman for the Seventh ward shall be elected. But the citizens of the Seventh ward shall participate equally with the other citizens of Atlanta in every city election, whether a Councilman shall at said election be elected for the Seventh ward or not. If the said Seventh ward does not before said time contain five thousand or more inhabitants, then „ , ' If 5,000 popula- at the general city election to be held in the fall of the year 1898 there tion before 5 "^ -^ '' years another shall be a new Councilman chosen by the city, as all other Councilmen councilman to •} •! ^ be elected. are chosen, to represent the Seventh ward of said city for a term of two years, and a new Councilman shall thereafter be elected for said ward at each city election just as Councilmen are elected for the other wards of said city. If before five years from January 1st, 1894, the said Seventh ward shall contain five thousand people, then at the next city election thereafter held a new Councilman shall be elected to rep- resent the Seventh ward. If it so happens that the original Council- man provided for in this act is also to be elected at said last-mentioned election, then the term of office of the new Councilman at said election Part I. — Charter. To have ward representa- tion on Boards if other wards as such have to be elected shall be for only one year and each year thereafter at each city election a Councilman shall be elected to represent the Seventh ward. Sec. 6. If hereafter the wards of the City of Atlanta shall, as such, become entitled to representation by an Alderman each, then and in that event, the Seventh ward shall have the same right with the other wards of the city to such representation. Said Seventh ward shall also have the same representation as do the other wards of said city upon the Board of Education, the Board of Water Commissioners, the Board of Health, and upon the other boards as by law now or hereafter to be provided in the case of other wards, and to that end, said boards shall be enlarged by adding thereto the representative from the Sev- enth ward, who shall hold for such terms as the ordinances prescribe. At the second meeting of the Council in January, 1894, there shall be an election for the purpose of adding to said boards the representa- tives allowed for the Seventh ward. Those then elected shall hold their office until there is a regular election under the charter of the City of Atlanta, to elect the members of said boards, and at said regu- lar election, and always thereafter, the representatives on said boards from the Seventh ward shall be elected as are members from other wards. Sec. 7. Except as the laws may be changed or modified by the laws and charter of the City of Atlanta, said city shall succeed to and pre- serve and carry out all the rights of West End, whether they exist by reason of contract or otherwise. And especially will Atlanta preserve to the citizens of the Seventh ward all the rights that the citizens of the city of West End now have as to street-railway franchises, grants or conditional grants, and in enforcing any contract or lien received from the city of West End under this contract, the City of Atlanta shall have and exercise all the rights and remedies that the city of West End or its citizens had, or may have had ; and, in addition, the said City of Atlanta shall have all the rights and remedies which West End now has to enforce said contracts or liens so received ; this power to apply to executions for taxes and assessments for local improve- ments of any kind. Sec. 8. Atlanta shall, and by this act does, assume the bonded in- debtedness of West End, which amounts to the sum of $52,000 ; and on January 1, 1894, said City of Atlanta shall, by virtue of this act and by virtue of the agreement made by and between the City of Atlanta and the City of West End, and without any further writing or convey- ance, become invested with the absolute title and ownership, control and rights of disposition of all the municipal assets and property of West End. The assets of West End which,- by this act, shall become the property of Atlanta are: Gordon street lot, 75x100 feet; im- pounding lot, west of school lot; a triangular lot, 60 x 60 feet, Eail- road avenue and Oak street; the city interest in the school building Rights and franchises al- lowed under West End charter pre- served. Property as- sets and rights vest in Atlanta Acts of Incorporation". and lot on Lee street, the city's interest estimated at $22,000; snch tax, /?. fas. and claims for street improvements, sewers and sidewalks, not collected by the City of West End on January 1, 1894; mules, carts, wagons, harness and iron safe. It is the purpose of this act to invest the City of Atlanta with the full title of the property above de- scribed at the date aforesaid, and with title to all other assets belong- ing to West End, January 1, 1894. Uncollected executions for taxes or assessments, whether due to West End or transferees, shall be en- forced by levy and sale by the Marshal of Atlanta, subject to redemp- tion as in tax sales. The City of Atlanta also assumes and agrees to acquire by purchase or otherwise all the rights, title and interest that private citizens have in and to said house and lot ; provided, the same does not cost more than $6,000, and shall keep and hold the sole and complete title to the same for school purposes. Sec. 9. The manufacture and sale of alcoholic, spirituous and malt liquors shall forever be prohibited within the territory now known as pj^^bited^^in West End, and in the adjacent territory outside of the present terri- t^e rth ward. tory of Atlanta, as now provided by the charter of West End. Sec. 10. Within the territory now known as West End, the City of Atlanta shall maintain twenty arc lights until the termination of the present contract of the City of West End with the Atlanta Gas Com- ^^^^^^ ^^ ^^ pany. After the termination of said contract five additional arc maintained, lights, making twenty-five arc lights, shall be maintained by the City of Atlanta in said territory. The City of Atlanta shall assume and carry out with the Atlanta Gas Light Company the contract the City of West End had with said company, said contract providing that the City of West End shall pay for fifty gas lamps $1,152 per year. Sec. 11. The City of Atlanta shall have performed for the West ^^^^^^^ ^^, End territory the same amount and kind of sanitary service on the ''^^^■ same terms as to sanitary taxes as has or may hereafter be enjoyed by the balance of the City of Atlanta. Sec. 12. The City of Atlanta shall in the year 1894 build a brick fire-engine house in the present territory of West End and equip the pire-engine same with engine, hose, hose-reel, horses and with such other equip- ''°"^®- ments as are necessary, at an estimated cost of $6,850. Said city shall man said fire-engine house and its equipments with a company of not less than five men, and said company shall serve West End and so much of Atlanta as is practicable. Sec. 13. The City of Atlanta shall maintain upon the present school lot an eight-grade grammar school, equal to the other grammar Grammar schools in the City of Atlanta, with not less than eight teachers. Said ^'^^'°°'' city shall also carry out the present contract made by the City of West End with the teachers now employed by the City of West End, and no change of books, curriculum or contracts of teachers of present West End school shall be made until the spring term of 1894. The present teachers, books and curriculum shall be retained by the Board of Edu- Part I. — Charter. cation of the City of Atlanta until the end of the spring term of 1894, said teachers being always subject to removal for cause. Sec. 14. The present territory of West End shall be, by the City of Atlanta, furnished with the proper police protection, which shall be Police. increased as occasion may demand, as is provided in the other parts of the City of Atlanta. Sec. 15. Said City of Atlanta shall, herself, out of the public treas- ury and without private cost to the citizens of the proposed Seventh ward, build to the present corporate limits of the City of West End the four trunk sewers in the territory of West End called for by the sewer survey of said territory, made thereof by the engineer under the direc- tion of the City of West End, and shown by plan or map of the pro- posed sewers of said territory, said trunk sewers estimated to cost the sum of $32,000. The sum of $15,000 shall be, by the City of At- lanta, expended in building said sewers in the year 1894, and the bal- ance as soon as practicable. All other lateral and other main sewers shall be constructed on the same basis and system as to assessment and otherwise as now obtains, or may hereafter be provided by the charter of the City of Atlanta. Sec. 16. The City of Atlanta shall also, as early as practicable after January 1, 1894, lay water mains in the present territory of Water main, of Wcst End, ou Lcc strcct f rom West End avenue to Beecher ; on West End avenue from Lee to Ashby ; on Park street from Peters to Ashby ; on Ashby street from West End avenue to Baugh ; on Oak street from Peters to Ashby ; on Peoples from Porter avenue to Baugh ; on Gordon street from Lee to Plolderness; on Lawton street from Gordon to Baugh ; on Baugh from Ashby to Lee ; on Irwin street from Ashby to Lee; on Peters street from Park to Oak; from which water shall be supplied for fire, sanitary and domestic purposes, at the same rate as is charged other parts of the City of Atlanta. Sec. 17. Whereas, This Act is passed in pursuance of a contract made between the municipal corporations of the Cities of Atlanta and West End, wherein the citizens of West End have lost all their rights, Violation of contract fea- tures give it right of action privileges and immunities as citizens of the corporation of West End, and have assumed all the burdens of citizens of the City of Atlanta; and Whereas, It is important to the citizens of West End and riglit that , said agreement, as embodied in this, shall be faithfully carried out in all its parts ; Be it further enacted, That upon the violation of any of the provi- sions of this Act or upon the failure to perform any part thereof, any Act Nov. 20, tc^ citizens of the territory of West End may enforce compliance there- 1893. with, on the part of the City of Atlanta, by petition for injunction, application for mandamus, or by any other appropriate legal remedy in the Superior CoTirt of Fulton County, or any other court having ju- risdiction thereof. Acts of Incorporation. Sec. 18. And for the purposes of police, and of regulating the re- tail of ardent spirits, the following described tracts or parcels of land ^^'^ ^^'^■ are included within the corporate limits, as now established by law, to wit: All that portion of lot one hundred and twelve (112) in the Fourteenth district of Fulton count}^ purchased by the Mayor and Council of said city from Chapman Powell ; and all that portion of lot ^^j^^^ included one hundred and fifty (150) of the Seventeenth district of Fulton J'J^^po^^^^p"'- county, purchased by said Mayor and Council from E. E. Sasseen and Dorinda A. Sasseen, and three hundred yards in each and every direc- tion around said purchases ; and all that territory between the Western and Atlantic Railroad and the country road leading from Atlanta to Marietta, and a line three hundred yards west of said railroad, and running concentric to the said road ; and all that land lying between said country road and a line running three hundred yards east of said road and concentric to the same, from the present corporation line of the said City of Atlanta to the new fair grounds. Also commencing on the eastern side of the present city limits, where the Atlanta and Rich- mond Air Line Railway leaves it, and running along said railway to a g°°4^sion ^^°^ point four hundred feet beyond the Ponce de Leon Spring, thence in a jg.^ straight line to where the present city limits crosses the Peachtree road and embracing all the territory between the Peachtree road, this said line, and the said railway. Also that tract or parcel of land known and designated as L. P. Grant Park, being one hundred acres of land lot Xo. 43, in the Fourteenth district of Fulton county, and fifty acres park'and^on- of land in land lot 114 in the' Fourteenth district of Fulton county, ^fj°^^s owned by said City of Atlanta, and used for sanitary purposes ; and ^ggg^ the Mayor and General Council of said city are hereby empowered to pass such ordinances for the preservation of peace and good order and for the protection of such property within said limits as may seem to them proper. That the Mayor and General Council of Atlanta be and are hereby empowered to regulate and control under such ordi- nances as they may adopt, the sale of ardent spirits, and all kinds of merchandise and refreshments, within the limits of said L. P. Grant Park, and for two hundred yards in either direction from said limits. Also the territory in Fulton county, said State, outside of the present corporate limits of said city, adjacent to L. P. Grant Park, and for 1^89. one mile in each and every direction from said park, is hereby incor- porated under the jurisdiction of said city. Also that tract or parcel of land known and designated as Piedmont Park, being one hundred part""'"* and eighty-three acres of land lots 54 and 55, in the Seventeenth dis- ^gg, trict of Fulton county, owned by the Gentlemen's Driving Club and used for park purposes. Also that tract of land belonging to the City ^-or^^prop- of Atlanta, known as "the old waterworks property," to wit : 368 f^'^ J°^°^p°- 15-100 acres in land lots 72, 57, 90,* 71, and 58, in the Fourteenth dis- ll^^^^_ p""" trict of Fulton county.' Also the following land lots in the 530th ^g^g^ 1 See Act December loth, 1896. Part I. — Charter. district, Georgia Militia, known as Blackball district, to wit: Land lots numbers 71, 72, 73, 74, 86, 87, 88, 89, 90, 103, 104, 105, 106, 107, ous'toTid^" 1^0, 121, 122, and in Fulton county, Georgia; and said Mayor and waterworks. General Council are hereby fully authorized and empowered to pass 1879. g^gjj ordinances in relation to, and over the territory embraced in, such extension as may be proper and necessary for the full, ample and com- Powers over P^^^® protcctiou of Said watcrworks, and all its appurtenances as above extension. mentioned. And they shall have full power and authority to enforce by penalties a compliance with, and observance of, such ordinances. And said body, or the Board of Health of said city, may cause to be abated and removed anything which may cause impurity or unhealth- fulness of the water from the said waterworks. Also beginning at the point where the regular corporate limits on the north side of the Extension ^^^^ intcrscct with the west side of West Peachtree street and extend- tween^dt^y iS ^^S theucc uorthwardly along the west side of West Peachtree street or pirk™°°* road to the point where the land lot line between land lots 105 and 106 jggg crosses West Peachtree road, thence easterly along the land lot line be- tween land lots 105 and 106 to the line of the property known as Pied- mont Park, and thence following the outer limit of the line of Pied- mont Park property to the main track of the Southern Railway Com- pany, formerly the Atlanta and Charlotte Air Line Eailway Com- pany; and thence along the center of said main track in a southerly direction to where said main track intersects the corporate limits of said city, on the eastern boundary of said limits. Also the tracks of the Collins Park and Belt Railroad Company and the space of fifty comns pfrk' ^^®^ °^ ^^^^^ ^^^^ o^ ^^^^ *^^ck all the way from the western limits of and Belt Ry. ^he City of Atlanta to the terminus of the track of said company on 1S94. the Chattahoochee river, including also the pleasure resort at said ter- minus.' Also the lands now or hereafter purchased and belonging to the City of Atlanta known as the new waterworks site and grounds, in- New water- cluding all lands now or hereafter to be owned by the city, in which rnd^mataT"*^^ ^^act is the pumping-station at the Chattahoochee river, and all the 1893 lands belonging to said city at and around what is known as the inner reservoir, filter, or pumping plant; including also a strip of ground along Hemphill avenue and Chattahoochee avenue, and three hundred (300) yards on each side of said roads, and for a distance three hun- dred (300) yards all around and on all sides of said inner reservoir and pumping-station, from the present limits of the City of Atlanta to East iiaif land ^^^ Chattahoochec river at the pumping-station.' Also the east one- ^°^ ^^- half of land lot 151, in the 17th district of Fulton county." Also 1893. ninety-two (92) acres more or less of land belonging to the City of Atlanta in land lots one hundred and thirteen (113), one hundred and fourteen (114), one hundred and fifteen (115), and one hundred and 1 See Act December 23d, 1894. 2 See Act December 19th, 1893. 8 See Act December 19th, 1893. Acts of Incorporation. forty-three (143) in the 14th district of originally Henry, now Fulton county, Georgia, said lands being those now known as the sanitary samury dumping-grounds of the City of Atlanta, and also the land lying be- >^^;;^f^ ^^^ tween said dumping-grounds and the corporate limits of the City of 1*^^=^- Atlanta and the roads or streets leading from the City of Atlanta to said dumping-grounds, and especialy the roads known as Bellwood avenue, the extension of Simpson street, the extension of West Hunter street, the extension of Ashby street and Mason's and Turner's Ferry road, and also any other roads now existing, or which may be opened, leading from the City of Atlanta to said dumping-grounds. CHAPTER II. Section. 23. No vote unless a tie — veto power — exer- cised by the Mayor pro tern., when— pro- viso — Georgia Western Railroad. 24. Presides, when. 25. Provisional Mayor pro tem. 26. Oath of office — ex-officio member of boards. 27. Mayor swears in Aldermen and Council- men. Section. 19. Mayor elected bi-ennially— holds until successor is elected and qualified — va- cancy—how filled — election— how man- aged. Mayor pro tem. acts, when. 20. Ineligible for succeeding term — chief executive duties — salary — may convene in extra session. 21. May hold Mayor's Court— may impose penalties. 22. Justice of the Peace for certain purposes. Section 19. There shall be elected at the next annual election, first Wednesday in December, 1874, and biennially thereafter, a Mayor, who shall hold his office for two years. The Mayor, in all cases, shall Mayor elected hold his office until his successor is elected and qualified; and in the event that the office of Mayor shall become vacant by death, resigna- tion, removal or otherwise, the Mayor pro tem., or in case his seat is vacant, a majority of the General Council shall order a new election, by giving at least ten days' notice in any one or more of the city papers, or at two of the most public places in said city, and said election, so held, shall be managed in the same manner as the elections to be held in chief, according to the provisions of this Charter ; provided^ how- vacancies, ever, if the office of Mayor shall become vacant at any time within three months of the expiration of his term of office, the Mayor pro tem. Mayor pro tem shall act as Mayor during the balance of said term, and exercise all the ^ rights and powers of Mayor during said term. Sec. 20. That he shall be ineligible for the succeeding term. He shall be chief executive of said city. He shall see that all the laws and succeeding ordinances of the city are faithfully executed ; shall examine and audit all accounts against the city before payment ; shall have a salary, ade- salary, when quate, to be fixed by the General Council [of the year] preceding his election, which shall not be changed during his term of office. He shall have power to convene the General Council in extra session when- Extra session. ever, in his judgment, the exigencies of the case may require it. 10 Part I. — Charter. A Justice of the Peace. No vote unless Sec. 21. That the Mayor, or in his absence, the Mayor pro tern., shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordi- nances, a Mayors Court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding five hundred dollars and imprisonment, or labor on public works for thirty days for each offense. The like authority may be conferred upon any one member of the General Council, to be regulated by ordinance.' Sec. 23. That the said Mayor shall be, to all intents and purposes, a Justice of the Peace, so far as to enable him to issue warrants for of- fenses committed within the corporate limits of said city, which war- rants shall be executed by the Marshal or Chief of Police ; and commit to the jail of the County of Fulton, or to admit to bail offenders, for their appearance at the next Superior Court thereafter, for the County of Fulton; and it shall be the duty of the jailer of the County of Ful- ton to receive all such persons so committed, and safely to keep the same until discharged by due course of law. Sec. 23. That he shall have no vote except in case of a tie. He shall have the revision of all ordinances, orders and resolutions passed a tie. ]yy i]^Q General Council; and the said Mayor, or in his absence the ^^^- Mayor pro tem., shall have four days after the meeting at Mdiich the General Council voted, or after the Board of Aldermen voted thereon, Veto Power. ^^ which to file with the Clerk, in writing, his approval or veto ; and 1885. ^® shall within such four days approve or veto such orders, ordinances or resolutions;" but the General Council may, in the manner pre- scribed by this Charter for voting on such questions, pass the said or- der, ordinance or resolution, notwithstanding the veto, by vote of two- thirds, to be taken by yeas and nays, and entered on the minutes. In the absence of the Mayor this power may be exercised by the presiding officer for the time being ; provided, such veto power shall not be used to prevent the Mayor and General Council by a majority vote, hereto- fore practiced, from submitting to a vote of the people the question of further aid to the Georgia Western Eailroad, as now authorized by law, nor to prevent the will of said city, as the same may be expressed at said election from being carried out.' Sec. 24. At the first meeting in January of each year the Mayor shall preside over the General Council and administer the oath to the siderarflrst newly elected members, and announce the standing committees for the couneif and at J^ar ; and then the General Council shall proceed to the election of a elections. Mayor pro tern. The ]\Iayor shall also preside at the sessions of the General Council during the election of officers. The Mayor and ^layor pro tern., when presiding respectively over the General Council, Board 1 Formerly 3 members of Council. 2 1889. 8 Veto power does not cover the election of officers. See Act September 4th, 188!). Acts of Incorporation. 11 of Aldermen and Board of Councilmen, as above provided, shall have y^^^^^ ^^^^ no vote except in case of a tie/ The Mayor shall be ex officio a member of the Board of Police Commissioners, Water Commissioners, and Board of Health.^ ' Sec. 25. That whenever it shall so happen that both the Mayor and Mayor jjro tern, shall be absent, or under disability, or in case both of Ma7or'p"ro tem said offices should be for any cause vacant, then, and in that case, the what^circum- Clerk shall call a special meeting of the General Council for the pur- ^t^"^^^- pose of considering same; and if, upon assembling, that body shall, by resolution, declare that said absejice, disability, or vacancy exists, then they shall immediately proceed to elect another Mayor pro tem., who shall succeed to and exercise all the powers and duties of a Chief Ex- ecutive of said city, until the Mayor or previously chosen Mayor pro tem. shall be in condition to resume, and does resume, the duties, or until the existing vacancy or vacancies, as the case may be, shall be filled in the manner pointed out by law. Sec. 26. Before entering on the discharge of the duties of his of- fice the Mayor shall take and subscribe before some Judge of the Su- perior Court or Justice of the Peace, the following oath: "I swear that I will faithfully and impartially demean myself as Mayor during Mayor's oath, my continuance in office. I have not, in order to influence my election ^ggg to this office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the city government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointnlent of any person to a position in the city government to be influenced by fear, favor or atfection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good." Sec. 27. The Mayor after being so qualified shall have full power and authority to administer the same oath of office to each member of j^e^n*" ^nd colTn- the General Council.* Any person found guilty of violating any of oilmen, the provisions of the above oath, upon a fair and impartial trial before Mayor admin- the Mayor and General Council of said city, shall be forthwith expelled '*'^'^'"^' from office and forever disqualified thereafter from holding any posi-^^^^' tion of honor, trust or emolument connected with the city government of Atlanta.^ 1 See Act September 4, 1889. 2 See Act September 4. 1889, and October 5. 1885. ^ Also under ordinances ex-officio member Board of Education and Trustees Grady Hospital. 4 See Act December 19th, 1893. 5 See Act December 19th, 1893. 12 Part I. — Charter. CHAPTER III. LEGISLATIVE DEPARTMENT. Section. 28. Legislative department— in whom vest- ed — meet and act. how. 29. Seven wards — Councilmen, election of — ineligible for second term. 30. Aldermen — election — term — ^vacancy — ineligible for succeeding term — Mayor pro tem. — compensation. 31. Two Boards act separately, when — joint- ly, when — yeas and nays — quorum. 32. Regular sessions — when held. 33. Powers of Mayor and General Council. 34. May supervise cemeteries. 35. New cemeteries. 36. May require fire escapes. 37. May pass penal ordinances. 38. Ordinances — how passed. 39. May require railroads to build bridges. 40. Additional powers as to sewers and drains. Section. 41. Assessments for sewers and drains and requisites of proceedings. 42. Connections regulated. 43. Right of way through private proper- ty — assessments^damages. 44. Seventy-five feet exemption for second sewer in case of corner lots. 45. Lien of assessment. 46. Sewers must be ordered by ordinance — notice. 47. Assessments due contractors — how col- lected. 48. Public meetings in streets regulated. 49. Location of livery stables. 50. Regulate charges of hacks. 51. Aldermen and Councilmen — Justices of the Peace. 52. Shall not contract with city, etc. 53. Hold till successor is qualified — vacan- cies. Legislative department- in whom vested. 1874. Meet and act- how. Five wards in 1874. Sixth ward created and defined. Taken from original Fourth and Fifth wards. Seventh ward consists of West End. Section 28. The legislative department of said city shall be vested in a Mayor and Board of Aldermen and Board of Councilmen. The Mayor and Boacd of Councilmen shall be styled the Mayor and Coun- cil ; and the Mayor and Board of Councilmen meeting with the Board of Aldermen, or acting and meeting on separate days, but on any matter requiring the concurrent or separate action of both the Board of the Councilmen and Board of Aldermen, shall be styled the Mayor and General Council. The said Board of Aldermen shall not be re- quired to meet or act as a separate Board on any matters in said city, except as hereafter provided. Sec. 29. The city as incorporated in 187-i shall be laid off into five wards by the present Council ; said wards are to be as nearly equal as practicable considering population and territory. The Sixth ward shall be bounded as follows : Commencing at the point where Butler street crosses the Georgia Railroad and running along North Butler street to North avenue, thence along North avenue to Myrtle street, thence along Myrtle street to the corporation line, thence around the corporation line in a westwardly direction to a street known as Apple street (in Peters' subdivision), thence along Apple street to Williams street, thence along Williams street to West Cain street, thence along West Cain street to James street, thence along James street to Forsyth street, thence along Forsyth street to the Western and Atlantic Railroad.' The Seventh ward includes all the corporate limits of the former City of West End." Two Councilmen shall be elected for each ward (except the Seventh, which shall liave Act December 20th, Act September 13th, Acts of Incorporation. 13 only one, for five years from date of annexation unless it sooner has a population of five thousand') at the next annual election, by voters qualified to vote for the members of the General Assembly. One to be elected for one year, the other for two years, and at all subsquent elections, except to fill vacancies, the Councilmen shall be elected for two years. The election shall be annual, so that one-half shall go out every year. They shall be ineligible for the succeeding term." Sec. 30. There shall be six Aldermen for the city at large, and and at all elections, except to fill vacancies, two Aldermen shall he^^^^^^ °^ ^^' elected for three years, so that one-third of the Aldermen for the city at large shall go out every year and shall be ineligible for the succeed- ing term.' The Councilmen representing the different wards and the Alder- men representing the city at large, shall constitute the General Council of said city and shall have the powers heretofore given the Mayor and Council and by this Act vested in the Mayor and General Council of said city. They shall be elected by general ticket and shall have an- nual salaries of three hundred dollars each (except that those in office on the 23d day of December, 1896, shall receive salaries fixed be- fore their elections respectively*). Said compensation shall not be changed during the term for which he or they are elected. Sec. 31. In all votes, resolutions or ordinances having for their object the increase of the indebtedness of the city, or the expenditure of^'^AidMuTen? of its revenue, except appropriations for the payment of its salaried "'^^°' officers,' the Councilmen representing the different wards, and the Al- ^^'*' dermen representing the city at large, shall act as separate and dis- tinct legislative bodies; and no vote, resolution or ordinance having for its object the increase of the indebtedness of the city, or the expend- debt^^^*^ °^ iture of its moneys, or authorizing the sale of any part of the public Expenditure property of the city, or the granting of franchises for street railroads °^ ^°^^y- or railways, or telephone companies, or telegraph companies, or elec- property!"" trie or gas companies, or any other similar franchise where the streets Granting or public alleys are to be used for any purpose in the prosecution of the ^^^° '^^^' business of the company seeking the franchise, shall be voted until the ^^' ' same shall have received a majority of the votes of each of those legis- lative bodies, separately cast. The Aldermen shall have no vote upon such questions, when originally presented and voted on by the Council- men, as aforesaid, but shall meet as a separate body and vote on the same. When any such vote or resolution is passed, any one Alder- Action deiay- man, or any two Councilmen, may give notice of a. motion to recon- motion"°to*^re" sider, which motion, in either case, shall operate to delay the question '^""*' '^^' until said reconsideration can be acted on at the next regular meeting : 1 See Act December 20th, 1893. 2 Councilmen not ineligible for Aldermen, and vice versa. See Act December * Councilmen not ineligible for Aldermen, and vice versa. See Act December 23 * See Act Decmher 23. 18%. 5 In fixing salaries Aldermen vote saparately. 14 Part I. — Charter. Teas and nays called by any member. Quorum. Regular ses sion, when held. Legislative powers of Mayor and General Coun- cil. the meeting of said Aldermen to be presided over by the Mayor or Mayor pro tern., and the City Clerk shall keep minutes as in meeting of the General Council, and the Mayor or Mayor pro tern, presiding in either body shall have no vote, except in case of a tie. In all other matters they shall act as a joint board. Each member of the General Council shall have the right to call for the yeas and nays, and have the same recorded on the minutes in all cases, whether sitting in General Council or as separate bodies. Eight shall constitute a quorum of General Council for the transaction of business; a majority of either body acting separately, shall be a quorum of the same ; but in all cases a less number may adjourn from time to time, and compel the attend- ance of the absentees. Sec. 32. The regular session of the Mayor and General Council shall be held on the first and third jMonday in each month, and con- tinue from day to day, in their discretion. Sec. 33. The said Mayor and General Council shall have full power and authority to pass all by-laws and ordinances respecting pub- lic buildings and grounds, workhouses, public houses, carriages, wag- ons, carts, drays, pumps, wells, springs, fire-engines, care of the poor, suppression of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and every other by-law, regulation and ordinance that may seem to them proper for the security of the peace, health, order and good government of said city. Sec. 34. The Mayor and General Council of said city sliall have power to exercise reasonable supervision and police control over all cemeteries contiguous to the city, and used by the citizens for inter- ment, whether located within the city limits or not, so as to allow no burial within the same without a permit from said city authorities. Sec. 35. N'o new cemetery shall be opened or used which is within four (4) miles of the center of said city, and any person or persons, company or corporation, or agent of any such company or corporation, who shall open or use any such new cemetery within four (4) miles of the center of said city, shall be guilty of a misdemeanor, and on con- viction thereof shall for each offense be fined not exceeding one thous- and ($1,000) dollars, or imprisonment not exceeding twelve (12) months, one or both, in the discretion of the court ; and any attempt to open or use any such new cemetery within four (4) miles of said city, shall also be subject to be enjoined by the Superior Court under penalty. Sec. 36. The Mayor and General Council of the City of Atlanta are hereby authorized and empowered whenever, in their judgment, the same is necessary for the safety and protection of human life, to require the owner, agent, lessee or tenant in possession of any building in said city, to place thereon fire-escapes of such character and material as may 1874. General wel- fare clause. Supervision over contigu- ous cemeter- New cemeter- ies, not be within 4 miles Fire escapes may be required. Acts of Incorporation. 15 be by said Mayor and General Council deemed requisite. After notice to place fire-escapes on any building, and failure within the time speci- fied to place the same, the owner, agent, lessee or tenant in possession, who shall have been served with such notice, shall be subject to a fine or imprisonment, or both, as provided by the Charter of said city and ordinance passed in pursuance thereof. Said Mayor and General Council shall have power to prescribe by ordinance for the regulation of the placing of fire-escapes on buildings in said city requiring the same, as to notice, time within which to place the same after notice, and otherwise.' Sec. 37. The said Mayor and General Council shall have power and authortiy to prescribe, by ordinance, adequate penalties for all of- pe'Jfai ^o?di- fenses against the ordinances of said city, and to punish ofl'enders by "'^"c^^- fines, not exceeding five hundred dollars, and imprisonment in the cal- 1^"*- aboose, not exceeding thirty days, for each offense ; to enforce the pay- ment of fines, by compelling offenders and those who fail or refuse to pj„g_ j^p^ig. pay said fines, to work on the streets or public works of said city. °Xr* ^""^ They shall have power to compel offenders, sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. Sec. 38. All ordinances requiring action by the Mayor and General Council in joint session shall undergo one reading, each at two differ- ent regular, or special, or called meetings, or at one regular and one J^ea1i"ft'''two called meeting, before adoption, except that by a two-thirds vote of the "^^*'pa!sed"to members present, an ordinance may be read twice at the same regular, ?^^°'^*J ^^^" called or special meeting, and adopted. All ordinances requiring ac- ^^^^^""^ ^^ "'^ tion by the Mayor and Council and Board of Aldermen separately, ^ggg shall undergo one reading each, at two different regular or special or called meetings of the Mayor and Council, or at one regular and one called meeting, before adoption, except that by a two-thirds vote of the members thereof present, an ordinance may be read twice at the same regular, called or special meeting, and adopted. An ordinance re- quiring separate action and concurrence by the Board of Aldermen shall undergo such reading only in said board as said board may by rule prescribe. Sec. 39. The Mayor and General Council of said City of At- lanta are hereby authorized and empowered to require all railroads and J^aViroad '"^'^°^ railroad companies to erect suitable bridges across their tracks and*""^*^^*' road-beds, where the same cross the public streets of said city, in all ^^^" - cases in which said Mayor and General Council shall declare the same necessary for the protection of human life. It shall also be the duty of railroads or railroad companies having bridges erected, or when they may hereafter erect bridges across their tracks and road-beds, where the same cross the public streets of said city, to keep said bridges and the approaches thereto, and the foundations and pillars and supports 1 See Act September 4th, 1889. 16 Part I. — Charter. Ordered, when, Built by city. at expense of railroads, when. thereof, in safe condition, and so as to admit of comfortable travel on any such street. Said Mayor and General Council shall have the au- thority to regulate the building and repair of such bridges, in so far as to declare the general character of such bridges or repairs, suitable to be made, and to provide for the drainage, light and comfort of said bridge and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street, practical and consistent with safety. In case of the failure of any railroad or railroad company, after reasonable notice to do so, to build or repair a bridge or the approaches thereto or otherwise, as provided above, said Mayor and General Council shall have the author- ity to do such building, repairing or putting in safe and comfqrtable condition, at the expense, with interest and cost, of such railroad or railroad company, for which execution may issue, as other executions are issued by said city, and be levied on any property of such railroad or railroad company ; and such execution shall bear interest at the rate of seven per cent, per annum. Provided, That nothing in this section contained shall require railroads and railroad companies to build bridges otherwise than is required by the general laws of this State, or the charters of such railroad companies, respectively, except in all cases in which a public street was in existence before the tracks and road- , beds of any such railroad or railroad companies were laid or placed across any such public streets. Sec. 40. The Mayor and General Council of said city shall be authorized to provide by order, resolution or ordinance of that body, from time to time, for the adoption and enforcement of additional and suitable regulations in said city, such as may be needful and proper on the subject of drainage, sewerage, plumbing, and all that is or may be needful for improved sanitation, and to provide agencies and means for carrying out and enforcement of the same through its officers, or any of its boards, and to make all necessary inspections, to withhold authority and license for plumbing to any but competent persons, and to do all else that is or may be needful to require compliance by indi- viduals with the rules thus adopted, and shall have power to make al- terations and amendments thereto, as from time to time may be needed.' Said Mayor and General Council shall have full power and authority to lay down sewers and drains in said city, and assess the amount of the cost of laying and constructing the same upon the real estate abutting on streets through and along which sewers and drains may be placed and constructed, and upon any real estate through or upon which the same may be constructed or placed. All work of laying down or constructing sewers or drains shall be done under the direc- tion and supervision of the Commissioner of Public Works. The City Engineer shall furnish to said Board information and advice as to the Additional powers to drainage, sew- erage and plumbing. Act December 24, 1886. Acts of Incorporation. 17 assessments. necessities of any particular locality for sewerage, the kind of sewerage that may be desirable, with estimates of the cost of the same, and shall furnish plans and profiles and such other like work as may be necessary and proper. Amounts of assessments ©n real estate for constructing sewers may be collected by execution, levy and sale, as in street assess- ments. Said Mayor and General Council are hereby authorized to construct „ •^ ■ , May lay sew- and lay down sewers through property in said city : Provided, that ''/^f^^^™"!^ . before doing so, any damage done to private property thereby shall be erty. ascertained and paid. In order to ascertain the amount thereof, as- Act of i889. sessors shall be appointed, who shall act and report as in cases of opening streets in said city, and from whose award either party may appeal to the Superior Court of Fulton County within four days. Sec. 41. In all cases where a sewer shall be laid by or under the ^^^ ^^ ^^^ authority of said city in any street, the sum of seventy cents per lineal foot shall be assessed upon the property and estates respectively abut- sewer^ ting on said sewer, on each side of said street in which said sewer is laid or constructed, and in consideration of the payment of said assess- ment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer; and in case any such sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like sum of seventy cents^ shall be assessed upon such property abutting upon each . side of said sewer for every lineal foot, making in all one dollar and forty cents for every lineal foot to be assessed upon such property through which the sewers are constructed as aforesaid, and in consideration of the payment of said assessment, the owners of said estates respectively on each side of said sewer, through or over which such sewer may be constructed, shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The extent and character, material used, and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the Mayor and General Council of said city, and to be prescribed from time to time by ordinances, and upon like notice and in the same manner, and the assessments laid and enforced by execution, levy, sale, or other- wise, as in case of ordinances and assessments for the paving of streets in said city, except that sewers hereby authorized may be con- structed with or without petition by property owners, where, in the judgment and discretion of the Mayor and General Council, the public health and good of the city shall require. The remaining cost of all sewers not thus assessed shall be paid by said city out of the.^sewer appropriations for the year; provided, that the defendant shall have Jj^'^^i^^'j^^^. ''^ the right to file an aflfidavit denying the whole or any part of the amount for which the execution issued is due, and stating what amount Reduced from 90 to 70 cents by Act of 1897. (2) 18 Part I. — Charter. Connections, making of, may be regulated. Act of 1889. he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance ; and all such affidavits so received shall be returned to the Superior Court of Fulton County, and there tried and the issue de- termined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay." Sec. 42. For the preservation of all sewers in said city for the pub- lic use and easements aforesaid, the said Mayor and General Council shall have the authority to direct and control the time and manner in which connections shall be made with such sewers, and by whom the work is to be done, and upon what terms and conditions, and at what point and to what extent surface-water or drainage shall be permitted to flow into sewers, and generally all matters relating to the uses and control and repairs of" sewers and sewer connections, and replacing of paving and other adjacent structures in good condition shall be at all times under the regulation and control of the said Mayor and General Council in its fair and legal discretion. Sec. 43. In case of any sewer or sewers, or parts of the same, being built or laid over or through private property, if the owner of such property claim damages for the occupation of said lands by such sewer and construction of the same thereon, give notice of such claim, but a failure to give such notice shall in no wise affect or prejudice the right of such owner to bring suit for damages sustained. But upon giving notice of such claim for damages as aforesaid, then assessors shall be appointed to assess damages to said land by reason or on account of the construction of any such sewer through or upon the same, said assessors to be appointed, notice given, and their award made as in case of prop- erty taken for opening, widening or straightening streets under the charter and laws of said city. Sec. 44. In case of real estate situated on street corners, and hav- ing frontage on two streets, the owner, and real estate thus situated, shall be assessed as by this Act provided for the frontage on the street in which a sewer is first laid, and when a sewer is laid on the other street seventy-five feet of frontage shall be exempt from assessment on the owner and real estate for the last-named sewer. Sec. 45. The amount of such assessment for sewers on each piece of real estate shall be a lien on said real estate from the day of the pas- sage of the ordinance providing for the work and making the assess- ment. That this Act shall not take effect till the first day of January, 1890. Sec. 46. The construction of all sewers under this Act shall be provided for by ordinance. After the first reading of an ordinance providing for a sewer, a notice of the introduction of the same shall be ])viblisbed in one or more of the daily papers of the city; such notice for sewer through pri- vate property but right of way must be acquired. Corner lots with sewers in both Lien from date of ordinance. Notice to be published and features covered in notice. ;tion 4. Act December 20th, 1898. Provides for collection of assessments for sewers in installments, when Iniilt by contractors. Acts of Incorporation". 19 shall contain a statement of the lino along which the proposed, sewer is to be laid, and a statement of the general character, material, and size of such sewer. Said notice shall be published at least as many as ten days before the adoption of such ordinance, and said ordinance may be adopted at the next meeting after its introduction, or at any subsequent meeting after said notice has been published. Substantial compliance with the above requirement as to notice shall be sufficient.* Sec. 47. The Mayor and General Council of the City of Atlanta shall have power and authority to provide by ordinance for the collec- ^f c^^lr^tor tion of assessments for the construction of sewers in installments run- [«"■ sewer may be collected in ning through a series of years to be fixed by such ordinances in all ["^go^OTd^red cases where the construction of said sewers is performed by a con- ^^^ ^^^ go tractor or contractors ; provided, that said Mayor and General Council ^^^^• shall not have power and authority to incur indebtedness to be paid by the city from its treasury on account of the construction of such sew- ers, which indebtedness is not to be paid in the year in which it is con- tracted. Sec. 48. The Mayor and General Council of said City of Atlanta public street is empowered to provide by ordinance, for the regulation of public ^^^'[atfd meetings and public speaking in the streets of said City of Atlanta ^ggg by preventing the obstruction of the streets of said city or the gather- ing of disorderly crowds in said streets. Sec. 49. The Mayor and General Council of the City of Atlanta shall have power and authority to determine by ordinances passed I'Jcated.^*^^^^ from time to time on what streets or within what limits livery stables jggg hereafter erected shall be located, and to prohibit the erection or oc- cupancy of places other than the places or limits prescribed by such ordinances, and to enforce penalties for the violation of such ordi- nance as for violation of other such penal ordinances of said city. Sec. 50. The Mayor and General Council of the City of Atlanta are authorized to prescribe by ordinance, reasonable charges to be col- chl^^es^^r*^ lected by hacks, cabs, drays, or other licensed vehicles for the trans- person! and portation of persons, baggage, merchandise or other personal property ^^^s^^^- within the limits of the City of Atlanta. •^^^^• Sec. 51. Each member of the Board of Aldermen and each mem- ber of the Board of Councilmen shall be, to all intents and purposes, jus°i®f of the a Justice of the Peace, so far as to enable them, or any one, or either ^''^'^^' of them to issue warrants for offenses committed within the corporate ^^^' limits of said city, which warrants shall be executed by the Marshal or Chief of Police, or either of the Lieutenants of Police, and to commit to jail in the County of Fulton, or to admit to bail offenders, provided the offense is bailable, for their appearance before the next Superior Court thereafter for the County of Fulton, and it shall be the duty of the jailer of said county to receive all such persons so committed, and safely keep the same until discharged by due course of law. 1 See Act November Sth, 1889. 20 Part I. — Charter. Shall not contract -with city. Sec. 52. It shall not be lawful for any member of the General Council to be interested, either directly or indirectly, in any contract with the City of Atlanta, the Mayor and General Council, or any one or more of them, having for its object the public improvement of the city, or any part thereof, or the expenditures of its moneys. Any vio- lation of this section by any member of the General Council shall, on conviction thereof, be punished as prescribed in section 4310 of the Code of this State (being Section 1039 Code of 1895). Sec. 53. Each member of the General Council shall, in all cases, hold his office until his successor is elected and qualified. In case a vacancy shall occur, either in the Board of Aldermen or in the Board of Councilmen, by death, resignation, removal, or otherwise, the Mayor, or in case his seat is vacated, the Mayor pro tern., or a majority of the General Council shall order a new election by giving at least ten days' notice in one or more of the city papers, or at two or more of the most public places in said city ; and said election, so held, shall be managed in the same manner as the election to be held in chief, ac- cording to the provisions of this Charter on the subject of elections. Vacancies, how filled. CHAPTER IV. ELECTIONS. Section. 54. Election by Mayor and General Coun il. 55. Election Commissioners— how chosen — term — powers — clerks. 56. Elections — how conducted. 57. Election Commissioners — shall take oath and make returns. 58. Marshal chosen by people. Section. 59. Voters— qualification— illegal voting pun- ished. 60. Removal from ward vacates office. 61. Examinations of departments and offi- cers. 61 (a). Dual office holding prevented. Elections by Mayor and General Council. 1874. Section 54. All persons holding office under elections or appoint- ment by the Mayor and General Council, except Police Commissioners, shall be elected or appointed at the first meeting held in the month of January, 1875, and shall hold until the first meeting in July thereaf- ter, at which time, and biennially thereafter, such elections shall be held or appointments made : Provided, that the officers and appointees elected or appointed by the present Mayor and Council shall hold their offices until the aforesaid election in Januar}^ 1875, except the election of Commissioners, who shall hold as hereinafter provided. All such officers to be subject to removal for cause as herein provided.' Sec. 55. At the first meeting of the Mayor and Council in the month of July, 1874, they shall appoint, and every two years thereaf- ter the said Mayor and Council shall appoint three Commissioners for each ward, freeholders residing therein, to hold the elections in said ward; and in case of vacancy from removal or otherwise, the Mayor 1 Several officers since made elective by the people. Acts of Incorporation. 21 and Council, or Mayor and General Council, as the case may be, shall supply the same. These Commissioners shall hold their offices for two years, unless removed for cause, as aforesaid. The said Commission- '^'^"^ "^ "®''^- ers shall hold all city elections in their respective wards. They shall ^^^*- be judges of the qualifications of voters, shall have such clerks as they deem necessary to hold elections, to be selected by them for each ward, and such Commissioners shall serve for such reasonable compen- compensation sation as shall be prescribed by the Mayor and General Council.' The clerks shall have such compensation as may be allowed by the Mayor *^''"'^- and Council, or Mayor and General Council, as the case may be. All vacancies in said Board of Election Commissioners shall be filled by the said Mayor and Council, or Mayor and General Council. Sec. 56. If by 10 o'clock a.m., on the day of election, a majority of Eiectiona. said Commissioners fail to attend at any voting-place, and proceed to eon'ducted. hold the election as herein provided, any three freeholders of the ward By freehold- ers acting, when. may hold and conduct the same : Provided, nevertheless, that nothing herein contained shall be construed to hinder or prevent any one or jgy^ more of said Commissioners from acting as manager or managers, should they be present at the voting-place, supplying the number of managers required by this Charter, from any of the freeholders of the ward. Sec. 57. The Election Commissioners provided for in the preced- ing section, or freeholders acting in their stead as above, shall take the missllTers^"^' oath and conduct the elections, and make returns to the Mayor and f^\l ^nd^ Council, if prior to January 1, 1875, or if thereafter, to the Mayor and '""''" '■'*"™'- General Council, in the manner prescribed by law for the election of ^^'*' members of the General Assembly. The Mayor and Council, or the Mayor and General Council, shall consider the returns and declare the results. All cases of contested elections shall be tried by the Mayor and Council, or the Mayor and General Council. Sec. 58. There shall be elected by the people at the same time the Marshal Clerk is elected, a Marshal, who shall be elected and hold his office for people'^ ^^ a term of two years, unless removed for cause, to be judged of by the isos. Mayor and General Council. He shall be separate and distinct from ?em. ^'^^"^ the police force of the city. It shall be his duty to collect or levy fi. Removable for fas. for taxes and fi. fas. for fines, and advertise and sell property so Duties, levied on, and make titles to purchasers, under laws governing the is"*- said Mayor and General Council, under the same rules and regula- tions that govern the Sheriff and his deputies at Sheriff's sales.^ He shall give bond to said city, with good securityy for the faithful dis- charge of his duties, and shall have such compensation as the General ^°^^^^^^^' Council shall prescribe, which compensation shall not be changed dur- ^^^^ ing his term of office, and shall do and perform such other services as g^^ section 7o the Mayor and General Council shall prescribe by ordinance. 1 See Act September 3d, 1881. 2 Deeds admitted on same term as sheriff's deeds Act December 20th. 22 Part I. — Charter. Voters, quali- fications, ille- gal voting. Sec. 59. No person shall vote either for Mayor or x^ldermen, or Councilmen, or at any other city election elsewhere than in the ward in which he resides, and the other qualifications of voters shall remain as now fixed by law. Any person voting, or attempting to vote, more than once, at any city election, provided for by this Act, or by other law, and every person voting, or attempting to vote, in violation of this Act, or other law providing for the city election, shall be guilty of misdemeanor, and upon indictment or accusation and conviction, shall be punished as provided for in section 4245 of Irwin's Code of Georgia [being section 1039 of the new Code of Georgia, 1895]. Sec. 60. In any and all cases in which any person has been hereto- fore, or may be hereafter, elected by popular vote, or be elected or ap- pointed by the Mayor and General Council of said City of Atlanta, or by any board, commissioner or department of said city govern- ment, to any office or official service for or to serve or represent any ward of said city, and any such person so elected or appointed, as aforesaid, has heretofore, or shall hereafter, remove from the ward from or for which he was so elected, or appointed to represent or serve, the fact or act of such removal shall thereby create a vacancy in such office or official service, and such vacancy shall be filled as in other cases of vacancy in office of said city." Sec. 61. The city government of the City of Atlanta shall be au- thorized and empowered, throiigh a committee of the General Coun- cil or of any of the boards operating under the city government, or committee of the same, to institute, in the discretion of the General Council, whenever necessary, any examination or examinations into the working and business of any of the offices, or conduct of its officers in any department of the city's business, or of the General Council itself, or of any office under the city, and that the board or committee conducting such examination shall have power to send foj- persons and papers, and to compel attendance of persons summoned ; to swear wit- nesses, compel the production of papers and books, and all disclosures pertinent to such investigation.^ Sec. 61 (a). It shall be unlawful for any person holding a posi- tion of emolument, appointed by the President of the United States, or by the Governor of the State of Georgia, or election by the people, after the first day of January, 1896, to occupy or hold the position of Mayor, Alderman, or Councilman, of the City of Atlanta, or any other office of emolument in said city government, whether said office be by election or appointment, during the time he holds said Federal, State, or county office, and that neither the Mayor, Aldermen nor Council- men, nor any other officer of said city who, by virtue of election by the. people, or appointment by the Mayor, or Mayor and General Council, or General Council, or by its authority, holds such office after the first Removal from ward vacates oflBce. Vacancy, how filled. Examina- tions author- May compel attendance, swear wit- nesses, and send for pa- pers. 1 See Act December 24th, 1888. 2 See Act December 24th, 1886. Acts of Incorporation. 23 day of January, 1896, shall be eligible to hold any other office of trust, honor, or emolument in said city government, nor shall they or any person be eligible to membership on more than one of the boards, such as the Board of Police Commissioners, Water Commissioners, or any other board of said city at the same time ; nor shall any member of the General Council be a member of any board under said city govern- ment, except as is already provided for in the charter of said city, and that the acceptance by the Mayor, or any member of the General Coun- cil of the City of Atlanta, or any other officer of said city government, after the first day of January, 1896, of any position of trust, honor, or emolument, in the Federal, State, or county government, as enu- merated in this section of this Act, shall immediately create a vacancy in the office he holds in said city government, whether held by election or appointment, which vacancy shall be filled as provided by law ; and that any person holding any position in the city government of At- lanta, either by election or appointment, who shall accept any other position in said city government, which is filled by election or appoint- ment, shall forfeit the office he holds at the time of acceptance of said other office, the true intent and meaning of this section of this Act being to prohibit any person from holding more than one office at the same time under said" city government, or holding any office under said city government while holding any other office under the United States, State, county, or city governments ; but this Act shall not apply to cases heretofore provided for in the charter of the city, and the passage of this Act shall not be construed so as to affect the title of the Mayor or of any member of the General Council now holding office as to any other office or position on any of the boards now held by him, nor that of any member of the boards now in office ; provided, to' Trustees that the trustees of the Grady Hospital are not included in the pro- piuih visions of this Act. CHAPTER V. POWER TO TAX. Section. 62. Mayor and General Council may levy ad valorem tax, not to exceed one and one- fourth per cent. 63. Emergency tax. 64. Registration tax. 65. Ordinance as to regulation of business authorized. 66. Retail liquor licenses. 67. Licenses of theatres, etc. Section. 68. May license sale of lager beer, bilUard tables and ten-pin alleys. 68 (a). Power to license pawnbrokers. 69. Tax on business of selling watches, jew- elry, etc. 70. May tax itinerant traders. 71. City tax deeds admitted in evidence like State tax deeds. Section 62. For the purpose of raising "revenue for the support and maintenance of said city government, the said Mayor and General Council shall have full power and authority, and they shall provide 24 Part I. — Charter. Mayor and General Coun by ordinance for the asssessment, levy and collection of an ad valorem ad vSem"'^ ^^^ °^ ^^^ ^^^^ ^^^ personal property," within the incorporate limits ceed^one^and^ ^^ ^^^^ ^^^3^' ^^^ exceeding onc and one-fourth' per cent, thereon ; one-fourth per cent which shall include the school tax, which, under the laws of this State, 1874. is subject to taxation: Provided, nevertheless, that all assessments of 1896. j.g^^ property shall be made at the cash market valuation." Sec. 63. In addition to the ordinary tax herein allowed, the ]\Iayof Extraordi- ^^^ Councilmcn and Aldermen may, in case of emergency, to be ha\^ of onL °"'' judged of by them, levy an extraordinary tax, not exceeding one-half bf TeTied.'"''^ of one per cent, (on the taxable property of said city), the said extraor- 1874 dinary tax to be added to the ordinary tax and collected at the same time and used for the same purpose. Sec. 64. The said Mayor and General Council shall have full Registration powcr and authority to require any person, firm, company, or corpo- nesl^and avo- ^ation, engaged in, prosecuting, or carrying on, or who may engage in, cation. prosecute or carry on, any trade, business, calling or avocation, or AJtl**"^ ^^*^' profession, Avithin the corporate limits of said city, to register their names, and business calling, vocation or profession, annually, and to require such person, company, or association to pay for such registra- tion, and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, not exceeding two hundred dollars per annum.^ But no person, firm or corporation that may be required by city ordinance to pay tax ad valorem on merchandise or materials, shall be required to pay more than fifty dollars specific business tax See Section (59. annually. The provisions of this Act in no wise to interfere with, or repeal sections 27, 28, 29, 30, and 31 of said Act, entitled an Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, which said-named sections refer to and authorize said city to levy and collect tax on the retail of ardent spirits, theatrical compa- nies, or performances, or other exhibitions, billiard-tables, ten-pin al- leys, nine-pin alleys, or alleys of any kind, etc., brokerage business, pawnbrokers, and itinerant traders.' Sec. 65. Said Mayor and General Council are hereby given au- thority to pass such ordinances as may be necessary or proper to carry the foregoing section into effect ; also to classify business, and arrange the various bvisiness, trades and professions carried on in said city, into such classes of subjects for taxation as may be just and proper : Pro- vided, that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax act." Sec. 66. The said Mayor and General Council sliall liave power and authority to regulate the retail of ardent spirits within the corpo- 1 Reduced from 1}^ to 1^4 per cent, by Act December 23d, 2 As to street tax, see Section 130. * See Act September 4th, 1889. * See Act September 4th, 1889. Acts of Incorporation. " 25 rate limits of said city, tail or to withhold the same, and to fix the price to be paid for license ^^I|* ''f'"**- at any sum they may think proper, not exceeding two thousand dollars, ^^^^• and they shall have power and authority to pass and enforce ordi- ^^.^ ^g^^ nances providing for the punishment of persons selling spirituous, ;^"''y)'^ec'^ 20; malt or other intoxicating liquors at wholesale or retail within the^^'-*^- corporate limits of said city without having obtained licenses from said Mayor and General Council, or for selling such liquors after the expiration or revocation of such licenses/ The Mayor and General "hoi^esafe Council of said city shall have the power and authority to regulate the "'i"°'' *''^"'''- sale of liquors at wholesale in said city.° Sec. 67. The said Mayor and General Council shall have power to pass such ordinances as they may think proper in regard to granting ji^y license license to theatrical companies or performances, or for shows or for companTes, other exhibitions : Provided, the price to be paid for such license, ^''°'''^' ^*^" when granted, shall not exceed five hundred dollars for each perform- ^^'*' ance or exhibition. Sec. 68. The said Mayor and General Council shall have full power and authority to prohibit the selling of lager beer, or other fer- May license mented drinks, without the obtaining of a license for that purpose : ffeer," billiard Provided, the owner or keeper of each house or saloon kept for that ^^ ^^' purpose shall not be required to pay exceeding the sum of five hun- dred dollars for a license for one year. They shall have full power and authority to license billiard-tables and ten-pin alleys, and all bill- iard-tables kept or used for the purpose of playing, gaming or renting, and all ten-pin alleys, nine-pin alleys, or alleys of any kind which are • kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said li- cense a sum not exceeding fifty dollars on each table, alley or track.^ Sec. 68 (o). The said Mayor and General Council shall have full power and authority to assess a tax on such persons carrying on the Act is74. brokerage business in said city of not more than three hundred dollars per annum, in addition to all other tax they may be required to pay. They shall have power to license pawnbrokers within their respective jurisdiction, define by ordinance their powers and privileges, to im- pose taxes upon them, to revoke their licenses, and generally to exer- cise such superintendence over pawnbrokers as will insure fair dealing between them and their customers Sec. 69. The Mayor and General Council of the Citv of Atlanta ■' Watclies shall have authority, in their discretion, to require the payment of a jewelry, ' etc. registration-tax of not exceeding one thousand ($1,000) dollars $1,000. per annum on the business of selling watches, clocks or Jewelry at isos. auction in said city; provided, that when the registration-tax on such See Act of Augiist 29th, See Act September 4th, See Act December 15th, 26 Part I. — Charter. See Section 64. business shall exceed two hundred dollars ($200) per annum, no ad valorem tax shall be charged to the dealer paying such registration- tax on the stock carried by him; provided further, that when such dealer is relieved from the payment of ad valorem tax on his stock, the registration-tax shall not in any case be less than the ad valorem tax on the assessed value of his stock would amount to. Sec. 70. The said Mayor and General Council shall have the power to levy and collect from itinerant traders who may, directly or in- directly, by themselves or others, sell any goods, wares, or merchan- dise in said city, such tax as to them may seem proper. Sec. 71. From and after the passage of this Act, deeds made by City tax deeds ^^^^ ^^^J °^ Atlanta, or its Mayor, or its Marshal, pursuant to tax sale or sales under executions issued for the collection of local assessments, shall be admissible in evidence on the same terms as deeds made pur- Act December suaut to salcs for taxes due the State and county; provided, that it shall 20, 1898. jjg competent for parties denying the validity of such tax-deeds or as- sessment-deeds to put in evidence the proceedings preliminary to the execution of such deeds. The purpose of this Act being to give city tax-deeds and city assessment-deeds the same prima facie force and validity which is accorded to tax-deeds made by officers of the State and county. May tax itin- erant traders. admitted evidence like State tax deeds. CHAPTEE YI. Section. 72. Bonds of the city — how issued. 73. Expenses restricted to income — payment of floating debt. 74-75. Borrowing money — when contracts are void — individual liability. Section. 76. Assessment of city property — estimate and apportionment of income — individual liability. 77. Clerk must exhibit balance sheet at each regular session. 78. Treasurer to make annual statement and estimate for ensuing year. Section 72. Hereafter no bonds of the City of Atlanta shall be issued, except to meet maturing and outstanding bonds, and except —how °issued^ thosc already authorized by the present ordinance of the city, passed 1874. in pursuance of statutory authority, without first obtaining an af- firmative by a two-thirds vote of two successive Councils, and the approval of the ]\Iayor, also the sanction by vote of a majority of tlie voters of the city voting thereon, in the manner prescribed by sec- tions 21, 22, 23 and 24 of this Act, entitled to vote for Mayor and members of the General Council, which election shall be conducted in the usual manner of conducting city elections, and be held the second Tuesday after the second two-thirds vote of the General Council. Those in favor of issuing bonds shall have written or printed upon their ticket, "For Bonds;"' those against it, "No Bonds." ^ . 1 This section is believed to be superseded by Constitution of 1877 and later general and local Acts. See Sections 372 to 381 of :tlie Code of Georgia, 1895, and later provis- ion of this character. Acts of Incorporation. 27 Sec. 73. The annual expense of the City of Atlanta shall be so STto'^in. restricted as not to exceed the annual income of the city after paying ''°"'^- interest on her bonds and floating debt, and one-half of the tax on l^^^^^ ^gbt. real estate be first set aside for the payment of this floating debt, until jg-^ all is paid.' Sec. 74. No Council or General Council shall be allowed to bor- row any money, except as may be necessary to meet the present float- money!'"^ ing debt," or in carrying temporary balances on the same, and every contract for borrowed money other than herein allowed shall be void: Provided, nevertheless, that the Mayor and Council, or Mayor and General Council, shall have full power and authority, in their discre- tion, to negotiate loans on the most advantageous terms to said city, for the first and second quarter, to supply and make up any deficiency that may exist, of the funds in the treasury, for the purpose of paying the expenses of the city, which may be in- So.wo'^^a*''^" curred under the several heads hereinafter mentioned, in any ^''*''' amount not exceeding $200,000, and not exceeding the amounts Adfs. ^"*^ ^^^^^ set apart under each head for the year in question: And provided further, that as soon as an amount equal to the amount so borrowed, is paid into the treasury by taxation, or from other sources of revenue, not already applied to other debts or liabilities of said city, the said Mayor and Council, or Mayor and General Council, shall at once apply the same, or as much as may be necessary, to the repayment of said loans, or said Mayor and Council, or Mayor and General Council, shall be authorized in their discretion to make par- tial payments upon said loans with any moneys that may come into the treasury from time to time, under the restrictions herein provided. In either case the total amount of said loans shall be repaid out of the yeTr^s'^incomJ?^ income of the year in which said loans were made. All contracts en- tered into by said council, contrary to this Act, for the purpose of raising money, or otherwise engaging the credit of said city, shall be trac^ts vow. null and void as to said city, but the said Mayor, if he approve, and i874. all members of the Council, or General Council, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts uabmty.^ which may be enforced against such Mayor and members of Council, or General Council, in any court of this State having jurisdiction thereof. Sec. 75. The City of Atlanta (including all its departments) is hereby prohibited from issuing checks of script unless the money is in from' bor?fw- the City Treasury to meet the same, and said city (including all its ce|t'to''pIy^'^' departments) is prohibited from borrowing money or issuing any ob- '"*'^''®^*^- ligations of indebtedness after January 1, 1885, except checks drawn * "^' ' 1 The words one-half afterwards changed to one-fourth, but the part of the section re- lating to floating debt obsolete, the debt having been funded. 2 See note in preceding section. 3 See Act December 19th, 1893. 28 Part I. — Charter. 1874. Estimates of Made 1st meet- ing in June. by the authority of the Mayor and General Council on the City Treas- ury.' Provided, that this act shall not affect the provisions of the Charter of said city which authorizes the issuance of bonds to meet the principal of maturing and outstanding bonds. Sec. 76. The said Mayor and General Council shall make, or cause Qf to be made, an early assessment on city property, which assessment ^stimate^"^*^ shall, in all cases, be made at the cash market valuation of the same, tronment°'^of ^'^ ^^^^ ^^^ rctum of the asscssoTS can be completed and handed in by income. j-j^g gj.g^ ^j^y ^f February of each year, beginning with 1897 and to open books to receive returns for taxation on the first day of February each year, and to close their books for receiving returns on the 15th day of March in each year.^ Upon the return of the assessors being handed in as above provided, the said Mayor and General Council shall, at the first regular meeting in June thereafter, cause an esti- mate to be made up and entered on the minutes, showing the gross amount of the income of the city for the fiscal year, ascertained by assessment of a tax not exceeding one and one-fourth per cent, on the taxable property in the city, and a reasonable estimate of the other Appropria- taxcs and sources of revenue, and shall apportion and set apart the ^^°^' same [to such departments and to such number of departments or heads as may be deemed requisite and as shall be provided by ordi- nance and the name, number and order of departments or heads for appropriations may be changed by ordinance]'' *, which several sums, taken in the aggregate, shall not exceed the amount of income from all sources for the year in question. The annual appropriations, as May be va- made by the Council, may be varied as to the amount distributed to ben " ^ ° the several heads at the first meeting held in June and October — these variations not to retroact on expired quarters, and not to enlarge in any manner the aggregate appropriations for the year ; and no money shall be appropriated from the City Treasury, except by resolution of the Council and Aldermen, as herein provided, which shall be void un- less it specifies upon its face upon which of said funds it is drawn; and the said Mayor and members of Council and Aldermen shall be individually liable to the city for the refunding of any amounts ap- 1 But see later Acts repealing this. 2 Acts of Dec. 23, 1896. 3 Words in brackets from Act of Sep. 4, 1889. * Act of 187-1 made heads for apportionment as follows: 1. Interest on bonds. 2. Interest on floating debt. 3. Public schools. 4. Reduction of floating debt. 5. Streets. 6. Police. 7. Public buildings. 8. Lights. 9. Salaries. 10. Relief. 11. Fire department. 12. Cemetery. 13. Contingent. Acts of Incorporation. 29 propriatcd or expenses incurred in excess of said limits, when present at the voting of the same — except such of them as escape said liability by calling the 3'eas and nays, and voting in the negative, and the name entered on the minutes — the amount thereof to be recovered in an action brought in any of the courts of this State having jurisdic- tion thereof, in the name of the Clerk of the Council, for the use of the city; and ten per cent, of the recovery shall be his compensation, and if he fail to bring said action within ten days the said sums may be recovered of him and his bondsmen, at the suit of any citizen, and no action brought under this section, or right of action, shall be set- tled without the consent of the judge before whom such suit is pend- ing, upon exhibit of all the facts, and such consent entered on the minutes. Sec. 77. For the purpose of enabling members of Council and Al- dermen to know at all times the true financial condition of the city, the Comptroller shall prepare and the Clerk of Council shall read and po^ptroi- enter upon the minutes, at the opening of each regular session, a bal- must exhibit ance sheet showing the gross revenue of the fiscal year, and expenses at each regu- voted by Council up to that time, as also the amount of the said several sums estimated as aforesaid, and what part of the same has been up to that time appropriated, and what part remains unappropriated. [The books kept by the Comptroller of the City of Atlanta shall be kept in such manner as to show in detail the receipts and expenditures of each department of the city government.]^ Sec. 78. The Treasurer of the city, at the close of each fiscal year, ^^^3^^^^^ ^,^ shall make a full tabular statement of the assets and resources of the ^atement"and city, with an itemized estimate of the probable and necessary expense l^^^^t^ y°lj. for the ensuing year, which shall be published. ^^"^• Part in brackets from Act Dec. 20, 1898. 30 Part I. — Charter. CHAPTEE VII. WATER SUPPLY. Section. 79. Water Commissioners' election — term — vacancy — Mayor ex officio a member of Board. 80. Shall choose President— oath— must keep record. 81. Quorum — legal acts bind city. 82. Powers. 83. 84. Appropriating or injuring real es- tate — assessors — appeal from assessment. 85. Payment for property taken or damage done. 86. Right to use roads, streets, etc. 87. Contracts, wlien to be in writing— where deposited. 88. May issue bonds not to exceed $500,000, including amount already issued. 89. Payment of interest on bonds. 90. $500,000 bonds authorized. 91. Preserving previous grants of power. 92. May borrow money on deposit of bonds. 93. May pledge faith of city. 94. Assent of people required. 95. Proceeds of bond sales— how used. 96. $250,000 water bonds authorized. 97. $250,000 water bonds authorized. 98. $200,000 30-year 4 per cent, gold bonds for water mains authorized if voted by people in 1899 or 1900. 99. Sinking fund tax required. 100. Board regulates distribution of water. Section. 101. May collect rents in advance or shut off water. 102. Contracts not run more than three years. 103. Penalty for diversi(jp of water or injur- ing of appliances. 104. Police and sanitary regulations of grounds. 105. Title in city exempt from taxation. 106. May make notes — proviso. 107. Board make rules. 108. Income paid City Treasury. 109. Estimate expenses. 110. Appropriation — how limited. 111. Sinking fund $3,500. 112. Compensation of Board — inspection by Council. 113. Members — removable. 114. Board appoints engineer, etc. 115. Enlargement of water supply authorized. 116. Surveys, etc. 117. Right of way, etc. 118. Use of streams. 119. Mains in streets, etc. 120. Dispute in condemnation proceedings. 121. Employment of reserve fund. 122. Procure funds from others. 123. Control of work. 124. Previous legislation. 125. Assessment for water pipe. Section 79. By reason of the inadequate supply of water in said city, for extinguishing fires and for domestic and sanitary purposes, and for the purpose of supplying said deficiency the Board of Water Commissioners, as now established by law, shall be continued as herein- after provided. At the second regular meeting of the Mayor and Coun- cil of the City of Atlanta in December, 1887, said body shall elect seven' Water Commissioners for said city. One of said Commissioners shall One from each ^6 elected from cach of the seven wards of said city. The terms of ward. ^]^g members first elected under this Act shall be as follows: Those elected from the First and Second wards shall hold their offices for a term of one year ; those elected from the Third and Fourth wards shall hold their offices for a term of two years, and those elected from the Fifth and Sixth wards shall hold their offices for a term of three years. At all subsequent elections, except to fill vacancies, the members shall be elected for a term of three years each, and on the expiration of a term, or the existence of a vacancy, a member shall be elected from the ward in which the same occurs. The terms of office of all members of said Board shall commence on the first day of January following their election, except in cases of elections to fill vacancies. In the lat- 1 Formerly .six. Seven com- missioners to be elected. Terms of office. When term begin. Acts of Incorporation. ter case, elections shall be for the unexpired term. The Mayor of said city and the chairman of the committee on waterworks of the ,^3;^®^/° General Council of said city shall each be ex officio a member of the ^.?V'^ p/ ■^ " Water l om- Board of Water Commissioners of said city, and said seven members missioners. above provided for, together with said Mayor and chairman of the committee on waterworks, shall constitute the Board of Water Com- jg-^ ^^^ j^^^^ missioners of said city. Whenever a vacancy occurs by death, resig- ^*^^'- nation, or otherwise, it shall be filled by the Mayor and General Coun- cil for the balance of the term.' Sec. 80. Said Board of Water Commissioners shall choose from shaii choose their number, annually, one as a President of said Water Board. The ^'es'dent. said Board of Commissioners shall take and subscribe the oath admin- istered to the Mayor and members of the General Council, and shall ■keep a record, in books to be kept for that purpose, of the acts and oath. doings of said board, a full report of which shall be made annually to the Mayor and General Council of said city, and the books of said board shall be subject to examination at any time by persons author- ized to do so by the Mayor and General Council. Sec. 81. A majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts *''"°''"'"- and doings of said board, within the scope of their duty or authority. Legal Acts shall be obligatory upon, and be in law considered as if done by the see'^iat1r^A?ts^ Mayor and General Council of the City of Atlanta ; and the said City ^wefr of of Atlanta, and all the real estate within the City of Atlanta, shall Srai'^Coun- be liable for the payment of the principal and interest that may be- '''^' come due on the bonds or obligations to be issued by virtue of this act. Sec. 82. The said board shall, for (and in the name of) the Mayor and General Council of the City of Atlanta, take and hold the lands and real estate, rights, franchises, and property of every kind so pur- powers, chased by the board aforesaid, and other lands, real estate, or prop- erty, necessary in their opinion for the construction of any canals, aqueducts, reservoirs, or other works for conveying or containing wa- ter, or for the erecting of any building or machinery, for laying anv pipes or conduits for conveying the water into or through the said places, or to secure and maintain any portion of the works, and in gen- eral to do any other act necessary or convenient for accomplishing the purposes contemplated by this act. Sec. 83. In case of a disagreement between said board and the owners of any lands, or water-rights, or franchises, necessary for the construction of said waterworks, or anything appertaining thereto, or i^mror^'injur- as to the price to be paid therefor, as to the damage done thereto, or iate.'^^'*' ^* the owner of said land, or water-rights, or franchises, shall be a mar- ried woman, or an infant, or insane, or shall be absent from tlie State, then it shall and may be lawful for the judge of the Superior Court of Fulton County, upon application of either party, or in case such 1 See Act October 1st, 1887. 32 Part I. — Charter. Appeal. owner shall be unknown, or can not be found, then, upon notice of such application at said court, may direct to appoint three disinter- ested persons to examine said property, and to assess the value thereof, or the damage done to the same, who shall, with as little delay as pos- sible, discharge said duty, after having taken an oath before some of- ficer authorized to administer the same, impartially, to the best of their ability, and make a return of their actings and doings in the premises, to the next term of the Superior Court of Fulton County, to be entered on the minutes of said court, and made the judgment thereof: Provided, that in case either party is dissatisfied with said award, he or they may appeal to the Superior 'Court of said county, and have said case tried by a special jury, as in usual cases of appeal, upon giving to the opposite party notice within ten days after the making of said award, of his intention to do so, and giving bond with good security for the payment of all costs and damages which may ac- crue to the opposite party by reason of entering said appeal : And, provided further, that the work on said waterworks shall not be de- layed by reason of entering said appeal. Sec. 84. The Mayor and General Council of the City of Atlanta are hereby authorized to condemn property which may be needed, in the judgment of said Mayor and General Council, to enlarge its water- works plant, or grounds, the condemnation proceedings in all cases to conform to the laws of the State authorizing and regulating the con- demnation of private property for public uses. Sec. 85. Whenever such report shall have been made the judgment of said court, and no appeal has been entered, as aforesaid, the said board shall, within two months thereafter, pay to the said owner or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property so required, or for the damages sustained, as the case may be, and in all cases when the title or interest of any person or persons in lands required and taken up for the purpose of this Act is doubtful or disputed, or in case said owner shall be unknown, insane, non compos mentis, or an infant, or can not be found, the value of, or damage to, such lands, awarded by the Commissioner appointed by said judge of the Superior Court, may be paid into said court, upon affidavit made of such facts by the claim- ant, his agent, or attorney, and such payments shall have the same ef- fect as if made to the owner thereof, and the said court may proceed in a summary way, upon petition of any person claiming to be the owner of said lands, or any part thereof, and to what person or persons the said money shall be paid, and shall have power to distribute the same among the persons entitled thereto, and thereupon the Mayor and General Council of the City of Atlanta shall become seized in fee simple of such property so required, and shall be discharged from all claims by reason of such damage.' And see Act of 1894 for uniform ron- demnation proceeding's. Payment for property or damage. Act of 1874. See Act 1894 on condemnation of priv: which provides rule for proceedings. Code 1895, Section 4657, ct scq. Acts of Incorporation. , 33 Sec. 86. The said Board, in behalf of the Mayor and General Council of the City of Atlanta, and all persons acting under their H'H^^^ m^^' authority, shall have the right to use the ground or soil under any _ road, railroad, highway, street, lane, alley or court, within the State, for the purpose of constructing, enlarging, or improving any of the work contemplated by virtue of this Act, upon condition that they shall not permanently injure any such railroad, highway, street, lane, alley or court to be restored to its original state, and all damages done thereto be repaired. Sec. 87. All contracts for material, or for the construction of any part of said work, which shall involve the expenditure of iive hundred contracts— ^ ■' ' when in writ- dollars or more, shall be made in writing, and of each contract two '"^• copies shall be taken, which shall be numbered with the number of said contract, and endorsed with the name of the contractor, and a summary of the work to be done, or inaterial to be furnished. One of the said copies shall be deposited with the auditor of accounts' of the ^„ „ City of Atlanta and one shall be retained by said board. The said posited. Board shall have authority to require from any person or persons with whom they shall enter into a contract, satisfactory security for the „ faithful performance of said contract, according to its terms, and no *^''^'»- member of said board shall be interested, directly or indirectly, in any contract relating to said work. Sec. 88. For the purpose of purchasing material and constructing the said Atlanta waterworks, the Board of Commissioners shall be „ May issue authorized to issue for, and in behalf of. the City of Atlanta, certain ^°°<^®7"°P=*. ^'^ ^ .5 exceed $500,- obligations, which shall be known as "Atlanta Water Bonds,'"' and of ™o. such denominations as convenience requires, to the amount of not ex- -^'t of i874. ceeding five hundred thousand dollars ($500,000), less amount already issued heretofore by the Mayor and Council of said city, for the pur- pose of constructing said waterworks, bearing interest at the rate of seven per cent, per annum, redeemable at the City of New York thirty years from date, the interest of which shall be paid semi-annually in the City of New York on all the bonds to which this Act refers. That the Mayor and Treasurer of the City of Atlanta shall sign and seal said "Atlanta Water Bonds," and the coupons attached, and the Pres- ident of the Board shall coimtersign the same. The Board of Water Commissioners of the City of Atlanta shall not be empowered to issue any more bonds." Sec. 89. For the purpose of paying interest on bonds which shall ^^^^^^^ ^^ j^. have been sold, and before a revenue can be realized from said water- J-^rest on bonds. works, not yet completed, the interest which may fall due on bonds disposed of, the Mayor and General Council of Atlanta shall provide by tax for the payment of said interest.^ * 1 City Comptroller. 2 See later Acts authorizing issue of new waterworks bonds. 3 See Act August 29th, 1879. ■t Whole income now goes into city treasury, from which expenses are paid. (3) 34 / Paet I. — Charter. Sec. 90. Said city is hereby authorized to issue bonds of said city to the amount of five hundred thousand ($500,000) dollars, said bonds, or the proceeds thereof, to be used only for the construction or equipment of new waterworks to supply said city and people with wa- 1891 ^"^^* ^^' ter for fire, sanitary, domestic and other purposes. Said bonds shall be of such denomination, and become due at such time as the Mayor and General Council of said city may determine, and shall bear inter- est at a rate not to exceed four and one-half per cent, per annum. The Mayor and General Council of said city may in their discretion make the principal and interest of said bonds, or of either, payable in gold, or in gold or the equivalent thereof. And said Mayor and Gen- eral Council may also, in their discretion, make the principal and in- terest of the bonds heretofore authorized to be issued by said city likewise payable in gold, or gold or its equivalent, as to principal or interest, or both. Sec. 91. The grants of authority to said City of Atlanta to con- struct new waterworks, to acquire property for that purpose by pur- fhoritThere"' chase or condemnation, to issue bonds to be sold to pay the expenses tofore granted, ^f ^^le coustruction of such works, and all the authority heretofore granted said city in reference to the proposed system of waterworks, is continued in full force and effect, especially all the provisions of the Act approved September 5, 1885, October 1, 1887, and December 4, 1889, except section 7 of the Act of 1885, aforesaid, providing for the use of the sinking fund of said city, and all authority heretofore granted any system of waterworks, or hereafter to be granted to any such system, is hereby conferred upon the City of x4.tlanta with refer- ence to the system of waterworks herein authorized to be constructed. Sec. 93. In addition to the authority to issue two hundred and May deposit fifty thousand ($250,000) dollars of thirty year four per cent, bonds wow^on of said city, authorized by the Act of December 4, 1889, and already tracT'tempo"'"' asseutcd to by vote of the people, as required by law, and the issue of coStrudfin? which, and the means of payment thereof have been provided for by new water^-'"° an Ordinance of said city, approved December 19, 1890, and of the works. further issue of five hundred thousand ($500,000) dollars bonds au- thorized by this Act, provided such latter issue be first assented to by vote of the people, as required by law, and be provided for by ordi- nance of the Mayor and General Council of said city. Said Mayor and General Council are further authorized as follows : The expenses of the construction and putting into operation of the system of water- works aforesaid, may be provided for and paid as folloAvs, to wit : If the two series of bonds so provided for be sold, the proceeds of the sale thereof, so far as necessary, may be expended by the Board of Water Commissioners, subject to the approval and direction of the said Mayor and General Council of said city, in paying the expenses of the construction of the new system of waterworks and putting them into operation. And if the bonds aforesaid, or any of them, be not sold for Acts of Incorporation. 35 want of a fair price, then said Mayor and Greneral Council may de- posit said bonds, or such portion of them as may be necessary, in the Treasury of the City of Atlanta, and may use them in connection with all real estate, machinery and pipes, and other property, of whatever j^a'ns'o^feith description belonging to the proposed system of waterworks, as a basis "[(. ^"^ authoV- of credit for such temporary loans as may be found necessary to the '="-'^- speedy construction of such waterworks. All such loans are credits to be paid in full upon the sale of the bonds aforesaid by city. And said Mayor and General Council is further authorized, in its discre- tion, to contract for the whole, or any part, of the expenses of con- structing and putting into operation the proposed system of water- works, if not paid for in cash, a debt to bear interest at five per cent, per annum; provided, that the whole debt or debts thus contracted, with such temporary loans as may be made as hereinabove provided for, and the amount of bonds sold for the purpose of said waterworks, shall not exceed in the aggregate the sum of seven hundred and fifty thousand ($750,000) dollars, said amount of seven hundred and fifty thousand dollars, when added to the present debt of said citv, leaving the whole debt thereof below the constitutional limit of seven (7) per cent, of the value of the taxable property in the city. Sec. 93. The Mavor and General Council of said city are further „, , ' ^ •' Pledge good authorized to pledge the good faith of said City of Atlanta, and its ^'^i^'^- ^*■'^■ taxing power, for the prompt and full payment of the bonds of said city, issued and sold for the purpose of providing funds for said system of waterworks. Sec. 94. Any debt contracted under authority heretofore granted, ^^gsent of peo- or under authority of this Act, and not to be paid within the year p^® necessary, within which it is contracted, must first be assented to by a vote of the people, as required by the Constitution and laws of this State ; provid- ing, hoioever, that a vote of the people authorizing the creating of such debt by the issue and sale of bonds of the city shall be held to equally assent to the creation of such debt in the form of loans as aforesaid ; provided, the Mayor and General Council may make temporary loans or appropriations for biiilding and constructing said new system of waterworks, but such temporary loans or appropriations shall not per- manently take any of the annual income from the other departments of the city, but all such temporary loans or appropriations shall be made and used on condition that they are to be repaid into the treas- ury of the city from the proceeds of the sale of the bonds aforesaid for the current general uses of the said city ; provided, that nothing in this Act or in the foregoing proviso shall be so construed as to prevent the appropriation of so much of the annual income as may be necessary to pay the interest accruing on the bonds aforesaid, or providing for their redemption. Sec. 95. The proceeds of the sale of the bonds aforesaid, or of Proceeds oedi- temporary loans effected, are sacredly dedicated to the purpose of con- "**^*^' 36 Pakt I. — Charter. structing and putting into operation such system of waterworks, and shall not be used for any other purpose.' Sec. 96. The Mayor and General Council of the City of Atlanta b(Sds''$25o*ooo ^^® authorized to issue two hundred and fifty thousand $350,000) 4 per cent. dollars of the four per cent, bonds of said city, to run not exceeding Pa ment thirty years, an(J to be payable, both principal and interest, in gold coin of the United States of the present standard of weight and fine- 1892 ^^'^' ^^' ^^^^' °^ ^^^ equivalent, for the purpose of adding to and enlarging the plan of the new waterworks, and completing and equipping the same ; provided, the issue of said bonds is assented to by a two-thirds ma- vwters^'m'Jfst jo^ity of the qualified voters of said city at an election of which legal assent. noticc shall have been given. Sec. 97. The Mayor and General Council of the City of Atlanta $250,000 41/2 per ^^^ hcrebv authorized to issue bonds to the amount of two hun- cent. bonds, ^^^.g^j ^^^ flf^y tliousaud doUars ($250,000), or so much thereof im ^^°' *' ^s ^^y ^6 necessary and allowed by the Constitution of the State, in such denominations and to be due at such time as they may deter- mine, and to bear interest at a rate not to exceed four and a half (4-|) per cent, per annum for the purpose of increasing the water supply of the City of Atlanta. Sec. 98. The Mayor and General Council of the City of Atlanta are hereby authorized to issue and sell bonds of said City of Atlanta to the amount of $200,000 to run thirty years and bearing interest at the rate of four per cent, per annum; the principal and interest of $200,000 30 year these bonds shall, be payable in gold coin of the United States of y^bonds for America of the present standard of weight and fineness, or its equiva- Tiuhori^edlf ^ent ; the interest to be evidenced by coupons, and paid semi-annually ; pi'e^fn "isog^OT the proceeds of which bonds shall be devoted exclusively to the laying 1900. q£ water mains within the City of Atlanta ; provided, the qualified vo- 1898. ■'^'^*^' ^^' ters of said city assent by the requisite two-thirds majority to the issue of such bonds at an election to be held at any time in the year 1899 or 1900, when called by the Mayor and General Council of the City of Atlanta, in accordance with the general laws of the State regulating the holding of elections for the issue of county and municipal bonds ; provided further, that a special registration of the qualified voters of said city shall be made for the bond election herein provided for, but no qualified voter of said city already registered as such voter for the same year in which the election is held shall be left off the list of qual- ified voters for such bond election, except that the list of qualified vo- ters for such bond election may be purged of the names of those who have died or have removed from the limits of the city after registering and before holding of such bond election. Sec. 99. In case of the issue of such bonds a special tax shall be levied for each year such bonds are to run, sufficient in amount to raise the interest accruing on such bonds and one-thirtieth of the principal 1 See Act August 21st, 1891. Acts of Incorporation. 37 of such bonds, and the interest shall be paid semi-annually, as afore- said, and the money raised on account of the principal of such bonds fax'''r"equired. shall be kept in a sinking fund under the charge of the commissioners ^^j. ^^^ 20, of the sinking fund of the City of Atlanta, if a sinking fund [commis- ^^''^• sion] shall have been provided for by ordinance, until it can be applied to the payment of the bonds in whole or in part, at or before their ma- turity, and if no sinking fund commission is provided, said sinking fund •shall be invested by the ]\Iayor and General Council in their discretion. Sec." 100. The said board^ shall regulate the distribution apd use Distribution of said water in all places, and for all purposes where the sam.e may ° be required, and from time to time shall 'fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and in such places as they shall see fit, and direct in what manner and for what purpose the same shall be used, all of which they may change, at their discretion : Provided, that all con- Appliance to duits or appliances required and furnished for the purpose of extin- fires"^'* guishment of fires shall be erected at the expense of the Mayor and General Council of the City of Atlanta, and placed as they shall di- rect, and be under their exclusive control and direction. Sec. 101. The said board shall have full power and authority to require the payment in advance for the use or rent of water furnished watw^*^ by them, in or upon any building, place or premises, and in casei874. prompt pavTnents shall not be made, they may shut o£E the water from such building, place or premises, and shall not be compelled again to supply said building, place or premises with water until said arrears, with interest thereon, shall be fully paid.' Sec. 102. The said board shall make no contract for the price of No water con- using the water for a longer time than three years, and at the expira- than Vree^" tion of any term or lease, the price paid for the use thereof shall be ^^^"^^^ adjusted according to the regulations then established. Sec. 103. If any person or persons shall maliciously or willfully divert the water, or any portion thereof, from the said works, or shall mg pipes, etc. corrupt or render the same impure, or shall destroy or injure any ca- is74. nal, aqueduct, pipe, conduit, machinery, or other property used or re- quired for procuring or distributing the water, such person or per- sons, and their aiders and abettors, shall forfeit to the said board, to be recovered in an action of trespass, treble the amount of damages (besides cost of said suit), which shall appear on trial to have been sustained, and all such acts are hereby declared to be misdemeanors ; and the parties found guilty thereof may be further punished by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court. Sec. 104. The Mayor and General Council of said city shall have full power and authority to establish reasonable police and sanitary 1 Water Commissioners. 2 See case of Burton vs. Atlanta, 90 Ga., upholding; this section. Part I. — Charter. Police and sanitary regu- lations new waterworks. May execute promissory regulations over the new waterworks of said city, located at the Chat- tahooche river, near the month of Peachtree creek, in Fulton county, and along the pipe line of said waterworks system, between said river and the City of Atlanta, including said pipe line, the reservoir of said new waterworks system, the water-shed, and all lands occupied for the purposes of water supply, and to punish a violation of such rjegulations by fine or imprisonment, as in case of violations of other ordinances of said City of Atlanta.' Sec. 105. All lands and real estate, and property of every kind, so held as aforesaid, by the said board, and in the name of the Mayor and General Council of the City of Atlanta, shall be exempted from taxes and assessments. Sec. 106. The said board shall be authorized to execute promis- sory notes, or accept drafts for any of the legitimate purposes of the said works, in anticipation of the receipts of the proceeds of the sale of the bonds hereinbefore authorized to be issued by them, or of the revenue of the said works : Provided, however, that the whole amount of the permanent indebtedness of the city to be increased by them by virtue of this Act, shall not exceed the sum of five hundred thousand dollars." Sec. 107. The said board shall have power to make rules and reg- ulations respecting the introduction of water into or upon any prem- ises, and, from time to time, to regulate the use thereof in such man- ner as shall seem to them necessary and proper, and the members of said board, and all engineers, superintendents, or inspectors in their service, are hereby authorized and empowered to enter at all seasonable hours, any dwelling or other places where said water is taken and used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface-pipes, stop-cocks, and other apparatus connected with the said works, for the purpose of ascertaining whether the same are of the character and dimensions, and fixed in the manner directed in permits issued therefor ; and if any person refuse to permit such examination, or oppose or obstruct such officer in the perform- ance of such duty, he, she or they so offending shall be liable to such penalty, not exceeding ten dollars, for such offense as the board may impose, and the supply of water may also be shut off until the required examination is made, and such alterations and repairs are completed as may be necessary. Sec. 108. In order to create a fund for the payment of said bonds at their maturity, it shall be the duty of the Mayor and General Council of said City of Atlanta to raise annually by tax, the sum of thirty-five hundred dollars, until said bonds shall bo paid nnd i-c- Board may make rules, etc. Examine ap- paratus, etc. 1 See Act December 17th, 1892. 2 This section has never been repealed by any express legislati solete. but seems to Acts of Incorporatiox. 39 deemed. [On and after January 1, 1880, all money collected f rom i^^^^^^^ ^^ ^^ water rents, and any other income from said waterworks, shall be paid, J^-relsil^y? ^"^ as collected, to the Clerk of Council of the city, and by him into the ^^^ ^^^ go, City Treasury, and the necessary funds to carry on said waterworks ^^"^■ shall be paid out of the City Treasury on orders of the Mayor and General Council.] Sec. 109. Said board shall by the first meeting of the Mayor and ^^^^^^^ ^^ ^p. General Council in May of each year, file with said body an estimate ?oTeTenie"^ of the probable receipts from water rents and other income, if any, ^^^ ^^ jg^^ and of the amount necessary to run said waterworks during the cur- rent year. Said Mayor and General Council shall then, and at the same time that other appropriations are made, make such appropria- tions, and set apart such amount for said waterworks, as may be neces- sary for the economical and successful operation of the same; and shall pay the same over to the Board of Water Commissioners as it may be needed. Sec. 110. The annual appropriation for waterworks shall never Expenses to be , . , . , T confined to in- exceed the estimated annual income, except m an extraordinary emer- come. gency, to be judged of by the Mayor and General Council. Act i874. Sec. 111. The sinking- fund of thirty-five hundred dollars, which ... . , , Sinking fund. the Mayor and General Council of said city are required to raise an- nually by taxation, shall hereafter be invested, managed and expended isro. by the Mayor and General Council instead of the Board of Water Com- missioners of said city. Sec. 112. The members of said board shall receive each an annual ^ ^ _ -^ Salaries of salary of one hundred dollars.' ' The said Mayor and General Coun- board, cil shall be authorized by a committee of their own number, or other- . Mayor and wise, to inspect semi-annuallv, or oftener, the state and condition of General coun- ' ^ • -- cil may in- the works and property thereto belonging, and the said board shall spect works, give them every reasonable facility and assistance in making such in- spection. Sec. 113. The i\Iayor and General Council of the City of Atlanta ^^ ^ -' .; - Members of may, at any time, remove any member of said board : provided, it shall the Board re- J ' ^ ' ^ ^ i moved for satisfactorily appear, after reasonable notice to the parties, and hear- cause. ing the cause of complaint and answer thereto, if any should be offered, is74. that the member whose removal is sought has been guilty of malad- ministration or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of the members elected to said Council shall concur in such removal. Sec. 114. The said Board of Commissioners shall have power to ^ ^ ^ Board may appoint a competent engineer for the construction of said waterworks, appoint^ engi- and to fix his compensation therefor while so employed ; also, to em- clerks, etc. ploy such clerks and laborers as may from time to time be found need- i874. ful, and fix their compensation. 1 Act December 23, 1896. 2 No salary since Act Dec. 20, 189S. 40 Part I. — Charter. Sec. 115. The City of Atlanta is hereby authorized and empowered to enlarge and improve the existing water supply and waterworks of 1885 ^''^^' ^' ^^^^ ^^^y ^^ ^^y manner and to any extent that is or may be needful, from the present or from any other site or sites ; that ^said city shall have the power to acquire all rights and property, real and personal, necessary or appropriate for affording a complete and sufficient supply of reasonably pure and clear water to said city, and shall have power to acquire and hold or use all such rights and property, both within the limits of said city and anywhere in this State, including ownership of and dominion in whole or in part over the water-shed from which the water to be supplied is gathered, however large the tract of land necessary for the purpose may be, so as to let said water-shed grow up in grass and trees without manuring or tillage or other hurtful use, and so as to keep the water clear and pure. Sec. 116. The said city shall hav.e power to cause such examina- survevs etc tious and survcys to be made for the proposed work contemplated in jggg this bill as shall be necessary or proper to the selection of the most advantageous location or locations, site or sites, water-shed or sheds, and right or rights, way or ways, for locating all their works and ap- pliances for bringing the water and distributing it in the city, and for carrying out the object of this bill ; and for such purpose the said city, by its officers, agents, servants or employees, shall have the right to enter upon the land or water of any person, and all the rights, pow- ers and privileges heretofore conferred by the Legislature under any bill enacted by the same upon said city for erecting and maintaining waterworks, are hereby revived and continued in full force for the pur- poses of this Act, in extending said waterworks, or in erecting new waterworks, either or both, as the case may be. Sec. 117. The city, by its agents aforesaid, may construct its works Rights of way, or lay its pipes, upon acquiring the property or right so to do, as the case may be, with the necessary way or ways, dams, canals, raceways, reservoirs, excavations, or embankments, and do all acts and things necessary for the construction and maintenance of said works, and shall have power to lease or buy or condemn any property, real or per- sonal, anywhere in this State for the purpose, or acquire the same by Lease, pur- douation, and to sell, lease or dispose of any part thereof not found necessary for the works, at the pleasure of the city ; and said city, by its agents as aforesaid, shall have power to obtain gravel, stone, earth, timber, or other material, and to take such land as may be necessary for the proper construction, operation and security of said works, and to cut down any trees that may be necessary therefor, or security of the same, making compensation therefor, as by this bill, or under the law provided for property taken for public use, and shall have all other powers and authority necessary and appropriate to accomplish the ob- jects of this Act. Sec. 118. Said city shall have power to use and employ for the etc chase, sale Acts of Incorporation. 41 purpose of said works any stream or streams of water or water-course ^.^^ ^^ streams or water-courses, or any part of such waters, which by said city shall ^j^g. be deemed necessary and appropriate ; to use such waters by employing the same for power to run or move the necessary machinery, or for pumping through the mains and distributing over the city, either or both, as the case may be; making compensation therefor as by law required. Sec. 119. Said city shall have power to lay its mains along any street or highway, or otherwise, whenever necessary ; to cross, occupy, ^"^'"^ *°'""^ or appropriate with its works such highways or streets or any part thereof. Sec. 120. The rights and remedies of said city, and all persons and corporations whose property, franchises, easement or rights it may Disputed con- , _, . ,. ,1 P iT • T X 1 n 1 demnation of seek to condemn or appropriate lor the purposes oi this Act, shall be property, those contained in, and set out in, part 2, title 1, chapter 1, section 1689, sub-section L, of the present Code of Georgia for condemning and making compensation for property where the same is sought to be taken for railroad purposes, substituting the said city as the pro-mov- ant in such proceedings in lieu of the railroad company, as in said section contemplated, and if, in any respect, the rights and remedies in said section set out should be found inappropriate, then the right and remedies shall be the same as is contained and provided in the Act of the Legislature of said State originally authorizing the City of Atlanta to provide and erect waterworks, and in the several amend- ments afterwards made thereto.' Sec. 121. For the purpose of carrying into effect the objects of this Act, the said city shall have power to use and employ the fund or Employment funds accumulated under the Charter of said city, under the Act of the f^*n^s*^etc*'^'^^' General Assembly of said State, approved December 18, 1884, relative to providing a fund for the purpose of making a part of the taxes of each year available for current expenses during a portion of the suc- ceeding year, and under the several Acts, of which said last-recited Act is amendatory, and for the purpose aforesaid, the City of Atlanta shall have power to make any contract or contracts, or to incur any obligation or obligations upon the means and resources of said city, not repugnant to the Constitution of this State; and that to supply the place of accumulated funds diverted, or used as above specified, there shall be annually set apart twenty-five thousand dollars of the reve- nues of said city, commencing with the year 1887, until a fund of two hundred and fifty thousand dollars has been accumulated, which shall be applied as contemplated, and required from year to year, as required by said Act of December 18, 1884, and the several Acts of which the same is amendatory; and in the meantime said city may make such temporary loans as are actually necessary in the beginning uniform Act for condemning property. Code of 1S95, Section 42 Part I. — Charter. of the year to anticipate the revenues until the collection of the same begins to flow into the treasury in the summer months/ Sec. 122. Said city shall have power, if by it deemed wise to do so, to procure from any person or persons willing thus to invest the funds, Procuring jj-^ y^'\io\Q or in part, necessarv to extend said works, or to erect new funds from I ' ^ ' others, etc. works, and to vest the title to a corresponding part of the property, or 1885. ^i-^g -^^hole of it, as the case may be, to him or those thus advancing the money, upon an agreement that the city have an option to purchase and pay for a title to the property at a future day whenever the city shall be provided with funds or means of doing so, the city in the meantime using and operating the works at an agreed rental, to be paid by it upon such terms and conditions as may be by the parties agreed on. Sec. 123. The work contemplated under this Act shall be carried ^ , , on through the agencv of the Board of Water Commissioners of said Control of '^ '^ - work. city, imder the direction and control of the Mayor and General Coun- cil of the same. Sec. 124. The works provided for or contemplated under this bill , . are to be deemed and taken as a continuation of, and in lieu of, the Previous legis- . . . . lation, etc. waterworks heretofore enacted and used by said city, and all existing legislation, as well as the ordinances of said city, forbidding trespasses or any interference with said waterworks, and all sanitary laws and regulations relative to the same are hereby revived and made appli- cable to said new works, or extended works, as the case may be, with the same remedies, pains and penalties as by previous Acts and ordi^ nances of the City of Atlanta, or the general laws of the State, are or may be provided. Sec. 125. That whenever the said Board of Water Commissioners shall cause water-pipe to be laid along any street in the City of At- Ass6ssTnGnt *~j ij for water pipe, lauta, thcv are hereby authorized to assess the cost, or such portion of the cost of such pipe, and the expense of laying the same, and of erect- ing hydrants, upon the owners of all improved property on each side of the street, or portion of a street along and through which such pipe has been, or may be, extended, such assessment to be made under such just and equitable rules as said Board of AVater Commissioners may estab- lish, not exceeding seven dollars each ; and if any property-owner shall refuse, after demand, to pay such assessment, the name of such person, the amount due by him, and a description of the property in front of which such pipe has been run, shall be furnished by the board to the Clerk of the City Council of Atlanta, who shall issue execution against such owner for the amount due; which said execution shall be levied by the City Marshal and collected out of the property mentioned on tax execution, and the amount paid over to the Water Commissioners, and the fees of the Clerk and Marshal shall be the same as allowed 1 See Act of February 27th, 1877. But later issues of bonds for waterworks' purposes by Mayor and General Council authorized by subsequent Acts. Acts of Incorporation. 43 by law for tax executions ; provided, that any person taking water on his, her, or their premises shall be charged the regular water rate, and shall not be subject to said assessment ; provided, further, that if the f„™\ef ^^ property-owner aforesaid shall take, within twelve months from the lay- 12 ^^<^nt^|3^°t ing said pipes, water in pursuance of all rules and regulations of the Water Commissioners, then said sum so collected shall be credited upon the current water rates of the property-owner for the year he or she shall take the same: And provided also, in no case shall any sum be levied upon any property-owner failing or refusing to take said water more than one term. CHAPTER VIII. STREETS, SIDEWALKS, GRADES, ETC. Section. 126. Power to open, widen, grade and change streets. 127. Umpire in condemnation proceedings. 128. City may decline property if too high priced. 129. Further provision as to securing um- pire. 130. Right of appeal preserved. 131. 132, 133. Authority conferred to extend West Alabama street. 134. Power to grade, pave, lay sidewalks, etc. 135. Street taxes. 136,137. Permanent grade — how obtained. 138. Mayor and General Council control grades. 139. May pave streets. 140. May assess for paving. 141. Petition, notice, etc., in paving assess- ments—and defenses. .142. May make paving assessments against railroads. 143, 144, 145. Assessments against street railroads for street paving. 146, 147. Paving to connect streets. Section. 148. Lien of paving assessments. 149, 150. Transfer of paving assessments au- thorized. 151. Assessment executions — how issued and enforced. 151 (a). Advancement of city cases. 152. Work under Commissioner of Public Works. 153-160. Creating commissioners of streets and sewers. 161. Condemnations authorized. 102. Abolishes commissioners of streets and sewers. 163. Creates Commissioner of Public Works. 164. Clerk Commissioner of Public Works abolished as charter office. 165. Oath and bond of Commissioner of Public Works. 166. Statement of real estate holdings to be filed by Commissioner. 167. Other duties may be devolved on Com- missioner of Public Works. 168. street work by county convicts. ■ Section 126. The said Mayor and General Council shall have full power and authority to open, lay out, to widen, straighten, or otherwise change streets, alleys and squares in the said City of Atlanta rrri Streets— W nen- power to open, ever the said Mayor and General Council shall exercise the power above Lent ^oTdam- ages. \et 1874. delegated, they shall appoint two freeholders, and the owners of said lots fronting on side-streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damages sustained, or er'^i llw'^on '-,.,,,, !> ■ -\ 1 J. ■ this subject, the advantages derived, by the owner or owners ot said lots, m conse- code of isos, quence of the opening, Avidening, straightening, or otherwise changing said streets and alleys; and in case said assessors can not agree, they shall select a fifth freeholder, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the Superior Court of Fulton County within ' ^^''^ ' ten davs from the rendition of said award. 44 Part I. — Charter. Sec. 127. If any property-owner shall fail, after notification, to appoint assessors by the time prescribed, then the two assessors ap- Act 1874. pointed by the city shall proceed to make the assessment, and in the ?t?lrts!^ event they fail to agree they shall call in a third freeholder, who shall be sworn, and act with them, and the finding of the majority shall stand as the award, unless appeal be entered in conformity to law." Sec. 128. That whenever it is proposed that any property be taken for public use, under authority of the said city, in any department ciine wake^ thereof, whether for streets, sewers, waterworks, or any public pur- sessed^*^ ^^ posc, and the same shall be assessed, or a price fixed, or award i^ade as provided by law, it shall be optional with the City Government to de- cline accepting the property, should the price thus fixed or award made be deemed by the General Council to be too high or unreasonable." Sec. 129. Said assessors so appointed as now provided by the Char- ter of said city shall, within three days after notice to them of their appointment, meet at the office of the Clerk of the Mayor and General Council of Atlanta, at twelve o'clock m. on a day to be designated by said Clerk, and if there is not a full attendance of such assessors, those present shall adjourn until twelve o'clock on the next day, and it sessor^ap- ^^' shall bc the duty of the Clerk to at once give notice to such absent as- sessors of such adjournment^ and appointment for another meeting. At such first day so appointed, or the day thereafter, as the case may be, those present shall take an oath before the Mayor, or any officer au- •^®^^- thorized to administer oaths, f aithfuly and impartially to perform the duties for which they are appointed, and immediately after taking and subscribing to the oath aforesaid, they shall, before proceeding to the consideration of the question submitted, select a fifth assessor, who But see later shall act as Umpire, and take and subscribe the oath prescribed on as- thrs^'^subjert."" sessors as above stated, and should such fifth assessor or umpire fail or et^^s^eq.^'^^' ''^'" Tcfusc to scrve, then another shall in like manner be selected, and so on until an umpire shall be chosen. In the event that the assessors ap- pointed on the part of the city and those appointed on the part of the property owners can not agree, or fail or refuse to agree on a fifth assessor or umpire within two days after they organize or take the oath as herein prescribed, the Clerk aforesaid shall at the next meeting of the Mayor and General Council, give notice of such failure or refusal, and said Mayor and General Council shall appoint or elect such fifth , assessor, and he, with any two or three more of the other assessors, shall, within five days thereafter, proceed to make an award and re- port the same as now provided. Sec. 130. This Act shall not be construed to repeal or change the right of appeal from any award to the Superior Court which now ex- ists, nor to repeal or change the law which now provides the mode of procedure and assessment in such cases where the pro]ierty-owner or pointed in case of failure to agree. Act Dec. 27, 1 See Act Sept. 3d, ] 2 See Act Dec. 24th, Acts of Incorporation. 45 owners fail on notice to appoint assessors appointed by said city, nor shall this Act be construed to affect the right of the city to adopt or 1 eject any award as now provided by the Charter thereof/ Sec. 131. Authority is hereby conferred upon the City of Atlanta, Georgia, to open and extend Alabama street, in said city, from the cen- |^*{;!J^°" °^ tral portion of said city, westerly through land belonging to the State, f^l^^ ^"t^""- The portion of the State's land through which authority is hereby ^^^ ^^^ ^g^^ granted to said city to open and extend said Alabama street is de- scribed as follows, to wit: A strip of land sixty feet wide and five hundred feet long on the north side, and three hundred feet long on the south side of said proposed street, having an area of twenty-four thousand (24,000) square feet, and running through the southwest corner of the State's Western and Atlantic Eailroad vacant property (a plat of which for reference is filed herewith) : Provided, that this grant of authority is expressly made subject to the rights of the present lessees of the Western and Atlantic Railroad under the iVct providing for such lease, and also subject to the rights of the lessees of said Western and Atlantic Railroad under the Act providing for the lease of the same, approved November 12, 1889 ; the lessees of said Western and Atlantic Railroad having in writing assented thereto. Sec. 132. The intentions and purposes of this Act are to confer the grant aforesaid only as to the right and interest of the State with- |.^5oo paid to out the impairment of any rights of lessees as aforesaid under Acts ^^^ ^^^ ^^^^^ providing such leases : Provided, that before the rights conferred by this Act on the City of Atlanta shall have any force or effect, said city shall first pay into the treasury of this State the sum of twenty-five hundred ($2,500) dollars, and this payment may be made at any time within six months from the approval of this Act, and on making such payment all the rights and provisions of this Act shall, by virtue of the same, have full force and effect. Sec, 133. The Mayor and General Council of the City of Atlanta may, in their discretion, provide for the erection of a bridge over the ^Jg^,^^^''"'^ tracks of the Central of Georgia Railway Company, and do all other stj«;^t ^^,^ work necessary to the extension of West Alabama street to a point at or roads, near the junction of Rhodes and Elliott streets in said city, and in Act, Dec. 23. their discretion may extend an arm of said bridge or roadway, or said bridge and roadway, so as to connect with West Hunter street at a point west of the tracks of the Southern Railway Company, formerly East Tennessee, Virginia and Georgia Railway Company, in said city, and to provide for the paying of the expenses of constructing said bridge and extending said street partly out of the income of said city, for the year 1897, and the balance from the income of said city for the years 1898, 1899, and 1900, or any one or more of said years, in the discretion of said Mayor and General Council, and the Mayor and See Act Dec. 27, 1890. But see Act providing uniform method of condemning private property . Code 1895, 4657 to 4688. 46 Part I. — Charter. General Council of said city shall have power and authority, in their discretion, to institute condemnation proceedings for the purpose of acquiring a right of way for the proposed bridge over, across or un- der, or partly over, partly across, or partly under the rights of way and other property of the Central of Georgia Railway Company and the Southern Railway Company, formerly the East Tennessee, Vir- ginia and Georgia Railway Company, such condemnation proceedings to be conducted in accordance with the requirements of an Act pro- viding a uniform method of exercising the right of condemning, tak- ing or damaging private property, approved December 18, 1894 : Pro- vided, however, that it shall be within the discretion of the Mayor and General Council of the City of Atlanta, as heretofore provided by the Charter of said city, to accept or reject the awards made by the assess- ors within the time limited by the Charter of said city. Sec. 133 (a). The City of Atlanta is hereby authorized in extending West Alabama street from its present terminus, westward across the property of the Central Railroad, and the property of the State of ^894 ^^''' ^^' Greorgia, leased by the Western and Atlantic Railroad Company, at the point where the proposed street extension touches the Western and Atlantic Railroad property belonging to the State at grade * * * to make an encroachment on said Western and Atlantic Railroad prop- erty lying on the south side of said proposed extension, for the pur- pose of constructing a roadway from said street extension into the property of the CentM Railroad Company of Georgia, also lying on the south side of said proposed street extension; the location and size of which encroachment shall be such as indicated by the plat afore- said; provided, that before making such encroachment said City of Atlanta obtains consent of the Western and Atlantic Railroad Compa- ny, present lessees of the Western and Atlantic Railroad, and the prop- erty to be encroached upon as aforesaid, and also of the Central Rail- road and Banking Company of Georgia. Sec. 134. The said Mayor and Council shall have full power and authority to establish and fix such a system of grading and draining of dr'Tini^l. ^""^ the streets of said city as they may deem proper. They shall have Act 1874. ^^^1^ power and authority to order such pavements or sidewalks laid down as they deem proper. Upon failure of any person to comply with the same within the time prescribed, the said Mayor and General May order Couucil may have the same done, and levy and collect the expense sw^aiks laid |;hgpgof j^y execution against the lands and goods and chattels of the owner of the lot or lots. Sec. 135. All persons liable to perform road-duty, by the laws of the State, shall be liable and subject to work on the streets of said city under the direction and control of the proper officers of said city: Provided, that the Mayor and General Council of said city shall have power to levy a street-tax in lieu thereof: And provided further, that all persons who shall refuse to pay said tax on or before such day as street duty. Act of 1874. Acts of Incorporation. 47 said Mayor and General Council, by ordinance, may require, the per- ^^^ .^ ^.^^ ^j son failing shall be required, upon three days' notice, to do and per- "■°''''- form street work, as aforesaid, and upon failure thereof, such defaulter Dpfau,ters. shall be liable to be dealt with by the Mayor and General Council as for violations of other ordinances of said city, or may be compelled to work on the public works of said city. Sec. 136. Any person or corporation owning real estate in said city, within three-quarters (f ) of a mile of the carshed, desiring to g^r^es"^"* improve the same, shall possess the right, to have the grade of any ^^^ jg,^ street, bordering on the same, permanently established, by complying with the following conditions, to wit : The owner, his agent, or at- torney, shall make an affidavit stating the ownership and description of the property that is intended to make improvement on, either fenc- ing or building, or otherwise; that such improvements are to cost above the sum of one hundred dollars, and that he desires to have the fj'Sf'' *° grade of such street or streets established. A copy of such affidavit shall then be served on the City Surveyor or Engineer, whose duty it shall be, within thirty days thereafter, to make the necessary survey and fix the grade of such street, and make a plat or profile showing the same, and shall deliver it to the applicant, together with the affidavit of said surveyor, showing that the same is correct and fair, and upon the same being filed, together with the original affidavit, in the office of the Clerk of the Superior Court of Fulton County for record, the owner shall thereupon have a vested right in such grade, and shall be entitled to recover damages from the city for any injury done to said property should the city thereafter alter such grade ; such damages to be ascertained, recovered and paid in the manner in which the laws and ordinances in force at the time may provide for ascertaining, re- covering, and paying damages done to property in laying out or widening streets.' Sec. 137. In case the owner of any real estate in said city desires to have the grade fixed as aforesaid for any reason other than a pur- pose to make improvements on the same, he shall make, his application ^[^^^^en^app^a-^ in writing, not under oath, to the City Surveyor or Engineer, but need ^'^^h. not incorporate any reason therein, upon which all subsequent proceed- -'^^^ ^^"^■ ings shall be the same as above set forth, such written application tak- ing the place of the affidavit provided for in the foregoing section of this Charter: Provided, that when the party proceeds by written application, not imder oath, as aforesaid, the authorities of the city shall have six months instead of thirty days in which to make and re- turn the survey aforesaid. Nothing in this Charter contained shall (-^^jj^roi of operate to interfere with the control had by the Mayor and General General'* coun- Council of said city over the manner in which the City Surveyor or ne^r^'" ^''^*" Engineer shall execute their instructions or the instructions of the ^^.^ ^^-^ Apparently this section gives the owner of an established grade no advantage since Const. 1877. But see Moore vs. Atlanta, 70 Ga. 48 Part I. — Charter. Power to grade, pave, etc. Assess cost of sidewalks and curbing. Sept. 3, 1881. Assess cost of paving streets. Sept. 3, 1881. committees in regard to the grade of any street ; but any failure or dis- pute which may happen therein shall not operate to delay, hinder or affect the remedy given by this Act to any owner of property seeking to have his grade established as aforesaid. Sec. 138. The Mayor and General Council of the City of Atlanta shall have full power and authority in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage of the streets and public lanes and alleys of said city, and to construct side- walks and pave the same ; to put down curbing, cross-drains, crossings, and otherwise improve the same. Sec. 139. That in order to fully carry into effect the authority above delegated, said Mayor and General Council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. Sec. 140. That said Mayor and General Council shall also have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, cross- ings, and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. In order to exercise the authority hereinbefore conferred upon said Mayor and General Council, it shall be necessary that the owners of at least one- half the real estate abutting on the street or portion of the. street to be macadamized, paved or otherwise improved, in writing petition to the Mayor and General Council to make such improvements ; such petition in no case to be gotten up by paving contractors, and the work peti- tioned for shall have the approval of the City Engineer and the Com- missioner of Public Works, who shall also furnish a statement of its estimated cost. Upon the filing of such application, the Mayor and General Council shall cause a notice of the presentation of such peti- tion, and of the time and place when the same will come up for con- sideration and action, to be published in one of the daily papers pub- lished in said city, at least ten days before an ordinance shall be passed based on said petition. When the petition comes up for action, op- portunity shall be given to all persons interested to advocate or op- pose the granting of the petition. An ordinance shall be passed directmg the said work to be done. This work may be done under the immediate direction of the Mayor and General Council, or through the medium of contractors, each piece of work to be separately con- tracted for. In all cases where the petition appears to be signed by sufficient frontage to authorize the passage of the ordinance, and the Mayor and General Council determine that it is sufficient to authorize the passage of the ordinance, which determination shall be evidenced by the passage of tlie ordinance, and the work is executed thereunder, and notice has been published as hcre- Notice to be published. Acts of Incorporatiox. 49 inbei'ore provided for, tlic determination of the Mayor and eral Council as to the sufficiency of the petition, shall he final as to the rights and interests of all persons or corporations interested who have not prevented the execution of the work by an injunction or other appropriate legal er equitable remedy before it is commenced. Any street-railroad company or street-railway company having tracks running through any street or portion of street which is to be paved or repaved by said city under the assessment plan provided for by the Charter or the general law of the State, shall be required to pay the whole cost of paving, repaving or otherwise improving eleven feet in ^^^f^ "' width of said street or portion of street, whether such company has one or more lines of track therein; and in case any street-railway or street-railroad company shall construct one or more lines of track, in any street or portion of street already paved, it shall likewise pay for the paving of eleven feet in width of the street or portion of the street occupied by its tracks, according to the then value of the pavement, to be judged of by the Mayor and General Council. The material to ^j^tgria] be used in paving or otherwise improving streets shall be such as the ]\Iayor and General Council shall select in each case. Sec. 141. The said Mayor and General Council shall have as full power to repave any street or alley, or portion of such street or alley, °''''" ^''' ' upon like petition and after proceedings, and to levy and collect assess- ments therefor as in cases of original paving provided for under this Act, whenever in the judgment of said Mayor and General Council the paving originally laid on such' street or portion of street or alley is worn out to that extent that it is no longer useful as a good pavement. The Mayor and General Council of said city shall have authority to Execution, enforce the collection of the amount of any assessment so made for work either upon streets or sidewalks, by execution to be issued by the Clerk of Council against the real estate assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Marshal of said city on such real estate and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, doc-. in, : and such sale vest title in the purchaser as in case of tax sales, pro- vided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and specifying fully the grounds of such denial of liability, and stating what amount he admits to be due, which amoimt so admitted "'*'-*'''•''■ to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Fulton County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay : Pro- j^dge ma vidcd, the Judge of said Superior Court shall have authority to dismiss '''*""^- 50 Part I. — Charter. any such affidavit of illegality for insufficiency before the time when the same would regularly come up for trial. Sec. 142. Whenever the public interest may so require, the ]\Iayor and General Council of said city may, by ordinance, assess any railroad or street company, as named in the caption, to improve the streets or May assess railroads am street rail- sidewalk, or both, or any sewer or drain contiguous to the freight or roads for iin- ? ./ ^ o provements. passeugcr dcpot, and to do part or all said work as right and justice may dictate, whether such work be petitioned for or not ; and the mode of procedure and remedies to enforce the same shall be those provided for street or sewer improvement in other cases as now are or may be provided by law and the ordinances of said city.' Sec. 143. Whenever any street-railway company lays a double- track or line on anv street in said city, and such street shall at the Must pave be- tween the rails g^me time or thereafter be macadamized, or otherwise paved, such of each line of ^ i ' track and four gtrcct-railroad company shall only be required to macadamize, or other- side. T^ige pave between the rails of each line of track, and for four inches Oct 10, ism. outside thereof, this being equivalent to paving as now and hereafter required by law and Charter of said city. Sec. 144. When the consent of said city is given to the laying of ^u*ire "ertain strcct-railroad tracks in or on a street which is unpaved and without ''aved^ st'rMtT' pavcmcnt improvement, said city may prescribe and require that the p'ied^brstreet tracks shall be so laid and such paving done between the tracks, and for tracks"^ such spacc ou cach side thereof, as will preserve the use, comfort and Oct. 10, 1891. safety of such street for the public. Sec. 145. When street-railroad tracks are laid in said city on a street which has already been paved or permanently improved, and paTd"when° ^^ ^ipon which Said company has no track, said city may require such con- are^'^'trackld*^ tribution or i)ayment to said city for said city, and the owners of witi[^S!'but abutting pro]jerty at the time of laying such tracks on account of the both^'iinel^'^of* paving or pavement improvement of any such street as the Mayor and inches" outlwe. General Council of said city may deem proper (but such amount shall Oct. 10, 1801. not be greater than in cases provided for under section 1 of this Act). Said city may regulate and enforce the payment or collection of such amount of contribution, and may require payment of same before consent granted to lay such tracks, and may grant consent conditional compan'iesTo'^ ou such payment thereafter. Such street-railroad company shall be pro rau^for re- liable for its j^^'o rata of the costs to repave when the same is done ''*^'"^' according to law. Sec. 146 The Mayor and General Council of said city are author- ized in their discretion, to grade, pave, macadamize and otherwise im- prove for travel and drainage, the streets and alleys, not exceeding four squares thereof, which connect to other streets already improved, upon tlie petition of abutting owners, having less than one-half and not less than one-third I'l-oiitagc. the same to ho done in the manner prescribed See Act Dec. 4th, 188G. See Acts of Aug. 21, 18!»l, .iiid 0"t. 17, 1801, on Street and Siiburl Acts of Incorporation'. 51 by said Act, or amendmeiits to the same, the cost thereof to be ascer- tained, paid for, and payments enforced in like manner as is or may be provided by law and ordinances of said city in other cases/ Sec. 147. The Mayor and (xeneral Council of said city are author- ized in their discretion, in addition to the powers conferred by the above recited Acts, to grade, pave, macadamize, and otherwise improve for travel and drainage, streets and alleys in said city not to exceed four squares of any street or alley, a portion of which street or alley is already paved or macadamized or otherwise improved, when such im- provements by paving, macadamizing or otherwise, will connect a por- improved*' tion or portions of such street or alley already improved, or will con- tions ^hereof!^ nect an improved portion of such street or alley with another im- proved street or alley, upon the petition of abutting owners having less not 'less Than than one-half and not less than one-third frontage on the street or frontage, alley or portion of the street or alley, the improvement of which is petitioned for, the same to be done in the manner prescribed by said above recited Acts, of which this Act is amendatory, or amendments to either of said Acts, the cost thereof to be ascertained, paid for, and payment enforced in like manner as is or may be provided by law, and ordinances of said city in other cases.' Sec. 148. The amount of assessment on each piece of real estate Lien of assess- shall be a lien on said real estate from the day of the passage of the or- dinance providing for the work and making the assessment. The lien issi. given by existing law to the City of Atlanta for assessments upon abutting property, and also upon the property of street railroad com- panies, for street or sidewalk paving or curbing, or the construction o± sewers, shall have rank and priority of payment, next in point of i892. dignity to the liens in favor of the City of Atlanta for tSxes due said city, such lien and priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Sec. 149. The power and duty of the Mayor and General Council ^^.^ p^^. 03 of said city to keep its streets, whether paved or unpaved, in repair and ^*^^- .'^""om ' to pay for such repairs out of the general fund of said city is in no way affected by the passage of this Act. The Marshal or collecting officer of said city, as the case may be, shall be authorized to transfer and assign any fi. fa. or fi. fas. issued Jiessment°^ for street, sewer or other assessments, in the same manner, upon the authorized, same terms, and to the same effect, and vesting the purchaser or trans- This section feree with the same rights as in cases of sales or transfer of tax fi. fas. and'befor" Act as now allowed by law, and that at all sales of property hereafter made, ?m."^" "^' under execution made in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, shall be authorized to redeem the same within the same time, on com- See Act Dec. 4th, 1886 and Dec. 10, 1897 See Act Dec. 15, 1888 and Dec. 10, 18"J7. 52 Part I. — Cjiakter. Transfer of bills and exe- cutions for paving and curbing side- walks or sewer authorized. Act Aug. pliance with the same terms, and payment of same premiums, interest and cost as in cases of redemption of property where sold under tax /?. fa. or fi. fas. as now is, or from time to time may be, provided by law. Sec. 150. The City of Atlanta is hereby authorized and empowered to transfer in payment of debts against said city, bills and executions in favor of said city for the cost of curbing, sidewalks, granite block and other street pavements, and of bills and executions for sewer assessments, whether such bills and executions be held by said city against abutting landowners or against street railroad companies for furnishing and laying curbing, sidewalks, granite block and other str^'ct pavements and sewer assessments. The lien in favor of said city against abutting land and the owners thereof, and against street-rail- road companies now provided by law, shall not be impaired or in any manner affected by this Act, but the same shall exist and may be en- forced in the name of the city for the benefit of the transferee until the assessment shall be paid. Such bills and executions against street- railroad companies, when so transferred, shall be paid, and collections shall be enforced as is now required and prescribed by law. Such bills against abutting landowners,' when so transferred, shall become due and payable as follows : Payment shall be made within thirty days after the completion of the work, and presentation of the bill therefor to the person liable for the same, or his agent. If the person so liable should not prefer to pay all the assessment within thirty days, he may pay twenty-five per cent, thereof in cash within the thirty days, and twenty-five per cent, per annum each year for three years there- after, with interest at the rate of seven per cent, per amium on all such deferred payments; provided, however, that this privilege of paying part cash and postponing the payment of the balance, shall not exist unless the person liable for the assessment, shall within the thirty days aforesaid, pay the twenty-five per cent., and shall in writing, delivered to the transferee, declare his election to have the payment of the bal- ance postponed, as is hereinabove mentioned. If default shall be made in making a deferred payment, then all the unpaid assessments shall thereby become due and payable, and collection thereof shall be en- forced as if no postponement had been made. All proceedings to col- lect the transferred assessments hereinabove mentioned, whether the transfers have been made of bills or of executions, shall be conducted as if no transfer had been made, and shall be had in the name of the City of Atlanta. But said City of Atlanta shall not be liable to the contractor for all or any part of an assessment after the same shall have been accepted by the contractor as a payment on the debt due him for the work. The transfer of executions as aforesaid, sliall be recorded as in case of transfer of State and county tax //. fas. Sec. 151. The Mavor and Ceneral Council of said citv sliall liave Payments in instalments. May pay all cash or one- fourth cash and balance in one, two and three years. But must give contractors written notice within thirty days. Liens of execu- tions pre- served. Proceedings in name of City. City not li:il)le to contractors. The transfer must be re- corded. "Against Street Railroad Companies" stricken by Act Sept. 24, 18fil. Acts of Incorporation. 53 authority to enforce the collection of the amount of any assessment so made for work either upon streets or sidewalks, by execution to be is- sued by the Clerk of Council against the real estate assessed, and J;^J2i,'''exJ?r' against the owner thereof, at the date of the ordinance making the as- tJTreunder.^'''* sessment, which execution may be levied by the Marshal of said city on jg^-, such real estate, and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and such sale vest title in the purchaser as in case of tax sales, provided that the defendant shall have the right to file an i"egaiity. affidavit denying that the whole or any part of the amount for which the execution issued is due, and specifying fully the grounds of such denial of liability, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance and all such affidavits so received shall be returned to the Superior Court of Fulton County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of il- ^^^y ^^ ^^_ legality for delay: provided, the Judge of said Superior Court shall ^^Hf^^^^f^^^ have authority to dismiss any such affidavit of illegality for insuf- ficiency before the time when the same would regularly come up for trial. Sec. 151 (a). The Superior Court of Fulton County, Georgia, is l^^^f^^^T hereby authorized and required to give precedence to and advance to <'*®^^- trial any cases now pending or which may hereafter be brought in said court to which the 'City of Atlanta is a party or materially interested in, in which the collection of revenue or money due said city is in- volved, or in which there is an appeal from the award or finding of the assessors for damages sustained or for lands taken for parks, street, subject to sewer, or other public purposes of said city authorized by law. When o/cou*nty'*'^ any case of the character aforesaid is ripe for trial, the same shall be ^*®^®' subject to advancement and to precedence on the attention of the court being called to the same, subject only to the right of advancement of cases to which the State of Georgia or the county of Fulton is a party. Sec. 152. All work done in accordance with the above shall be done ctmmil^iin-^^ under the direction of the Commissioner of Public Works. Surveys, grades, plans, profiles, and other like work shall be done by the En- gineer of said city, and be furnished to said Commissioner. Sec. 153. There is hereby established for the City of Atlanta a commission- ers. 1S81. Said board shall consist of three members. The first members of said board shall be elected by the Mayor and General Council of said city at the first meeting of said body in December, 1881, unless there should be a failure from any cause to elect, when an election may be held at The commissioners of streets and sewers have been abolished bj- Act of Oct. 3d, 1885. These sections are retained as throwing light on the duties of the commissioner of public works and of the Mayor and General Council. 54 Part I. — Charter. any subsequent meetings. Their terms shall commence January 1st, 1882. One Commissioner shall be elected for one year, one for two years, and one for three years. When their terms expire, their succes- sors shall be elected for three years, or until successors are elected and qualified. Sec. 154. The members of said board shall, before entering upon the discharge of their duties, take an oath before the Mayor of said city to faithfully discharge the duties required of them by the laws and or- dinances, without favor or preference to any individual or any section of said city, and for the best interest of the city. Sec. 155. No person shall be a member of said board who is not a bona fide resident of said city. Eemoval from the city shall vacate the office. The members of said board shall receive such compensation as the Mayor and General Council shall provide, to be paid quarterly, out of the City Treasury. The amount of such compensation shall be fixed before their election and shall not be changed during their term. Said board shall from its members select a chairman who shall preside at the meetings of the board, and shall see that the action of the board from time to time is carried into effect. One member of said board shall act as secretary. Sec. 156. Said board shall, immediately upon its organization, appoint a Superintendent of Streets and Sewers, who shall hold his position at the option of the board, and shall receive a suitable salary out of the appropriations for streets and sewers,- to be fixed by the board before his appointment. Sec. 157. The Commissioners of Streets and Sewers shall have full and complete control of all work of every kind to be done on the streets and sewers of said city, and the work of laying out and opening new streets, and extending, widening and changing streets : Provided, that the Mayor and General Council of said city shall alone have power to determine when streets shall be widened or extended, or new streets opened, and when and where new sewers shall be constructed. Sec. 158.' Said board shall, in January of each year, make up and present to the Mayor and General Council an estimate of the amount that will be necessary for work on the streets and for work on sewers for the year; and said Mayor and General Council shall, at the time the other appropriations are made, set apart and appropriate for the street work, such an amount as may, in their jiidgment, be necessary and proper for the year, and shall also set apart and appropriate for the extension of sewers and work on sewers, such an amount as may, in their judgment, be necessary and proper. The amounts thus appro- priated shall be paid out in such manner as the Mayor and General Council shall by ordinance provide, and such reasonable amount as may be necessary may be advanced before the annual appropriation in J\lay, as other expenditures of the cily. Compensation. Chairman. Superintend- ent streets. Commission- ers control work. Estimates. Act Sept. 3, Acts of Incorboratio^^. 55 Sec. 159. Said board shall make quarterly reports to the Mayor ^^^^^^^ and General Council, showing its transactions, including any receipts and all its expenditures in detail. Sec. 160. No member of said board shall at any time be interested, directly or indirectly, in any contract of any kind with the city or any -^lemhers of board shall 5t contra< ith city. of its departments, and any member who shall do so shall be guilty of a "°* contract misdemeanor and may be indicted in the Superior Court of Fulton Coxtnty, or proceeded against by accusation in the City Court of At- lanta, and on conviction shall be punished as provided in section 4310 of the Code of this State of 1873 (being 1039 Code 1895). Sec. 161. That the City of Atlanta is hereby authorized and em- powered to condemn lands for sites for the erection of public buildings j^nds, '^ and*"""* for said city for parks and other public purposes, in the manner al- ate^osTeT-^'^'" ready provided by law for the condemnation of land in said city, for award"orgiv?, opening, widening or changing streets and alleys. That said city is '"^ ^°"'^" hereby authorized and empowered, in any and all cases when land has Hon''™wr- been assessed or condemned for street, park, public buildings, sewer or '"*^' other ptiblic purposes of said city, on the coming in of the award of the assessors, on paying said award, or in the case of appeal from the award isgi. by either party on providing and securing the payment of said award But see code or eventual condemnation money in the manner hereinafter provided uonl 4657 ""et in any case or cases in which appeal is taken by either party f rom odl' p?e-'"^^ such award, to enter upon and take possession of said land for the pur- pose or use for which the same has been condemned, and such entry or possession may be had by said city immediately after paying or se- curing payment of any such aw^ard, or the eventual condemnation money, and before the trial on the appeal case. In the case of any such award made and appealed therefrom by either party, should said city desire immediately to enter upon and take possession of any land assessed or condemned for any purpose aforesaid, it may execute a bond with good security, subject to the approval of the Judge of the Superior Court of Fulton County, Georgia, or in his absence from the State, of the Ordinary of said county, for the payment of the eventual condemnation money, which may be found on the trial of said case. Said bond when approved by the Judge or Ordinary, as above provided, shall be filed in the office of the Clerk of the Superior Court, and on the trial of the assessment or award appealed from, in the event of a re- covery therein by the appellant against said city, such appellant shall have authority to enter up judgment on said bond for the amount of such recovery, as judgment may now be entered in appeal cases under the laws of this State. Sec. 162. So much of the Act amendatory of the City Charter of eommissi'fii- Atlanta, approved September 3, 1881, as establishes a Board of Com- a'nd° sewere""^ missioners of Streets and Sewers for said city be, and the same is hereby eommrSoiT-^ repealed, and that the powers and duties of said Commissioners of Zlrka. ^" 56 Part I. — Charter. Streets and Sewers, as defined by said Act, be, and the}^ are hereby vested in the Mayor and General Council of said city. Sec. 163. The qualified voters of the City of Atlanta on the first Wednesday in December, 1894, and every two years thereafter shall i9''\893^^°' ^^^^^ ^ Commissioner of Public Works. The City Engineer shall act provisionally in said office until the election in 1886. Vacancies in said office shall be filled by the General Council (except as other- wise provided elsewhere in this Charter.)' The Mayor and General Council of said city shall, by ordinance from time to time, define the powers and duties of said Commissioner of Public Works, and shall [the year] before each election of said Com- missioner of Public Works, fix the compensation of said officer, which shall not be increased or diminished during his term of office." Sec. 164. So much of the Act, approved on the 3d day of October, 1885, amending the Charter of the City of Atlanta, as created the office im. ^^^' '°' ^^ Clerk of the Commissioner of Public Works, as a charter office, and prescribed the term of office of such clerk be, and the same is hereby re- pealed, and the Mayor and General Council of the City of Atlanta are hereby vested with discretion to continue said office, in which case the term and compensation shall be fixed by ordinance, or to dispense with such office, and in case such office is abolished the duties prescribed by said Act of October 3d, 1895, to be performed by such Clerk, shall de- volve upon the Commissioner of Public Works, or such subordinate of such Commissioner as may be provided for by ordinance. Sec. 165. Said Commissioner of Public Works shall, before en- oath and bond tcring iuto the discharge of the duties of said office, execute a bond ?ic wta.^ " with security, to be approved by the Mayor of said city, in the sum of ten thousand dollars, conditioned faithfully to discharge the duties of said office, and shall also take an oath before said Mayor that during his continuance in office, he will make all appointments and discharges of employees, and will make all selections or purchases of material, con- duet and execute all contracts and dealings in behalf of the city, and will, in these, as in all other respects, faithfully and impartially dis- charge the duties of said office with an eye single to the duty and the good of the public service without fear, favor, affection, reward, or the hope thereof, and without being in any manner influenced by his own interests or personal favor or interest of any other individual, whether member of Council or not, and that he will faithfully execute all orders of the city government as officially expressed by the lawful ordinances or orders of the General Council, and approved by the Aldermanic Board, in ease such approval be required by law; and the Clerk of said Commissioner (when one is ])r()vided) sh;ill, in like manner, fake an oath for the faithful and impartial ])('rr(>riiianc(' of liis duties, and shall give bond in the sum of three thnusaiid dollars. 1 People to elect. 2 Clerk abolished as charter office by Act Dec. 10, 1897. Acts of Incorporation-. 57 Sec. 166. The said Commissioner of Public Works, before entering the duties of his office, shall* file with the City Clerk a statement in writing, showing all real estate in the City of Atlanta and County of Fulton owned by him, or in which he is in any manner interested, either as proprietor, partner, copartner, or otherwise, with location and description thereof, and if, during his continuance in office he becomes owner, or. interested as aforesaid in any such property, he shall, within five days, supplement said statement by like entry and description thereof — and a failure to comply with the requirements of this section shall be good cause for his removal from office. Sec. 167. It shall be in the power of the General Council to con- solidate the duties of any other office or offices in any department of ^§85. ^''*' the city government, other than charter offices, with those of the said Commissioner of Public Works, or his Clerk, and to discontinue or abolish such position thus rendered unnecessary.' Sec. 168. The Commissioners of Roads and Revenues of said county, be, and they are hereby invested with the exclusive control of said convicts," and with the sole power to direct the work of the said convicts without reference to proportion of population between the City of Atlanta and the county outside of said city; provided, that whenever the said Cornmissioners of Roads and Revenues shall see fit to direct that said convicts shall work on the streets of the City of At- lanta, that the grade, style and character of the work shall be deter- mined by the city authorities, but the particular locality or streets upon which the work is to be done, shall be decided l)y a majority vote between the members composing the Boards of Commissioners of Roads and Revenues and Commissioners of Streets and Sewers of said city, or in the event of the abolishment of said Board of Commissioners of Streets and Sewers, the Street Committee of the City Council of said city.' 1 Act Oct. 13, 1S87, and proviso to Section 3. 2 State misdemeanor convicts. 3 See Act Sept. 21st, 1883. 58 Part I. — Charter. CHAPTEK IX. BOARD OF HEALTH. Section. 169. Board of Health— report nuisance — May- or and General Cotincil power to abate. 170. Mayor and Chairman Sanitary Commit- tee ex-officio members board — power to pass ordinances. Section. 171. Drainage of lots and cellars. 172. Vacancies — how filled. 173. May compel vaccination — appropriations. .\batement of. nances to carry into Drainage of lots and cel- lars. Section 169. The Ma_yor and General Council of said city shall have full power and authority, at the first or subsequent meeting, to elect a member or members of the Board of Health in place of members whose terms have expired or are expiring, and the members so elected shall hold office for a term of three years. The Board of Health shall consist of five members besides the Mayor and chairman of the committee of the General Council on sanitary affairs, a majority of whom shall be a quorum for the trans- action of business. It shall be the duty of said Board of Health to meet weekly, or as often as may be necessary, to visit every part of the city, and to report to the Mayor and General Council all nuisances which are likely to endanger the health of the city or of any neighbor- hood. That said Mayor and General Council shall have power, upon the report of said Board of Health, to cause such nuisances to be abated, and its recommendation to be carried out in a summary man- ner, at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the Mayor and General Council shall elect. Sec. 170. From and after the passage of this Act, the chairman of the committee on sanitary affairs of the General Council of said city shall be ex officio a member of the Board of Health of said city, in ad- dition to the five members of said board as now provided by law. The said Mayor and General Council shall have full power to pass all ordinances that may be necessary to carry the provisions of this Act into complete and full effect. Sec. 171. That the said Mayor and General Council of the City of Atlanta shall have full power, upon the recommendation of said Board of Health, to cause the owners of said lots or cellars within the cor- porate limits of said city, to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located ; that if the owner of said lots or cellars, or the occupants of the same, in the dis- cretion of Council, shall fail or refuse, after reasonable notice to him or his agents, to comply with the requirements of the said Mayor and General Council, by draining said lots or cellars, or by filling up the same, it shall be lawful for said Mayor and General Council to have this work performed, and the amount so expended collected by execu- tion, issued by the Clerk of said Council against the owner or occu- Acts of Incorpoeatiox. 59 pant of the lots or cellars, as the said Mayor and General Council may elect, and the sale nnder such execution shall pass as complete and per- fect title to the property sold as a sale by the Sheriff under a judg- ment and execution. Sec. 172. That the said Mayor and General Council of the City of v^,.^„^y Atlanta shall have full power and authority to fill any vacancies that ^°^''^- may occur in the Board of Health ; that this Act may be plead as, and -^^^ i^^*- shall be, a complete bar to any action brought against the said Mayor ^fead™^'' ^^ and General Council, or either of them, for any act done by them un- der its provisions and the ordinances passed in pursuance of it. The Board of Health of the City of Atlanta may exercise the same power as is now vested in the Mayor and General Council of said city, relat- ing to the abatement of nuisances, which are likely to endanger the health of said city, or any neighborhood therein, to such extent, and ^"^^ ^^'*' under such regulations as may be prescribed by the Mayor and Gen- eral Council; provided, that nothing in this section shall be construed so as to divest the power to cause such nuisances to be abated, which the said Mayor and General Council have under this Charter. Sec. 173. That the said Mayor and General Council shall have full power and authority to provide by ordinance for the frequent and com- May compel pulsory vaccination of- all persons in said city by suitable qualified ^^'^""^ '°"- physicians to be selected by the Board of Health of said city, and to '^ provide and enforce suitable and adequate penalties against any and all persons who shall refuse to submit to vaccination in accordance with the provisions or requirements of such ordinance. The Mayor and General Council of said city, at the time the annual appropriations are made in June of each year, shall set apart and ap- sanitary propriate such amount as the probable income of the city will authorize '^pp^p"^ '°"- for sanitary purposes, the same to be expended by the Board of Health of said city for such purposes. The City of Atlanta shall have power and authority upon the advice and recommendation of the Board of Health, and through the agencv of said Board, or such other agency , . . , T , . Crematories. as it may select, to establish and operate crematories, as many as may be necessary, for the proper disposal of the night soil, garbage and Dec. is, i894. other refuse of said city, and at such different places as may be selected by said city, with proper consideration for the just and equal distribu- tion of said refuse matter; provided, nevertheless, that nothing in this Act contained, shall be held or construed to affect any pending litiga- tion ; and provided further, that this Act shall not be taken or con- strued to relieve said city from any liability for damages which may accrue to person or property from said crematories. 60 Part I. — Charter. CHAPTER X. POLICE DEPARTMENT. Section. 174. Board of Police Commissioners — election — term — vacancy in board — how filled. 175. Members of board must take oath. 176. Shall elect Chief of Police and other police officers and policemen — shall keep record of proceedings — hold stated meet- ings — quorum — compensation of board- control of police force. Section. 177. City Council shall prescribe number of force — must take oath — term of office. 178. Compensation of force — arrest for State ofi'enses — other duties — Chief to prose- cute offenders — suspension or removal- accusation and trial. 179. Police force to be armed and uni- formed. Police Com- missioners. Vacancy. Oath. Act 1874. Section 17-i. The Board of the Commissioners of Police shall con- sist of seven (six and the Mayor) persons, neither of whom shall be a member of the General Council. They shall be elected by the Mayor and General Council, by a majority vote." The first election shall be held at the first regular meeting of the Council in March, 1874. The terms for which they shall be elected, are as follows : Two for the term of one year, and two for the term of two years, and one for the term of three years. At the first regular meeting in March in each succeeding year, an election shall be held to elect, for the term of three years, a Commissioner or Commissioners to succeed the Commissioner or Com- missioners whose term or terms may then expire. Should a vacancy occur in the board during the year 1874, from other cause than the ex- piration of a regular term, an election to fill it shall be immediately held by the Council, any year thereafter by the General Council, and such incumbent shall hold until the unexpired term shall expire, and until his successor is elected and qualified. Each regular term shall begin at the date of the election, and close as hereinafter declared, and until a successor is elected and qualified. Sec. 175. Each member of the board, before entering on the duties of his office, shall take and subscribe this oath of office before some officer authorized to administer it: "I swear that I will faithfully and impartially demean myself as a Commissioner of Police during my continuance in office. I have not, in order to influence my election to this office of Commissioner, directly or indirectly, expressly or im- pliedly, promised my vote or support to any person for any office in the City of Atlanta, nor for any other office. 1 will not knowingly permit my vote, in the election or appointment of any person to posi- tion on the police force, to be influenced by fear, favor or affection, re- ward, or the hope thereof, but in all things pertaining to my said office I will be governed by my conviction of the public good." The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the Clerk of the City Council. Sec 17»). The Board of Police Coininissioners thus elected and Under Act of 1874 only Ave Commissioners. See Act September 3d, 1881. Acts of Incorporation. 61 qualified shall have the exclusive power, and it shall be their duty, to Elect chief appoint a Chief of Police, and such other police officers and policemen cers. ° ^"^ ° ' as is or may be prescribed by city ordinance. This power extends to Act i8~4. unexpired as well as regular terms. They shall keep a record of their shaii keep proceedings, and one of said board shall act as clerk thereof. They shall hold a stated meeting each month, and such other meetings as the ])ublic interest may from time to time require. Three shall constitute Quorum. h quorum, with power to transact business. Their compensation shall be fixed by the City Council, but it shall not be less than one hundred tion. dollars per annum for each Commissioner, and shall be paid out of the citv treasury.^ They shall exercise full direction and control of „ ... 1 Control of officers and members of the police force, in conformity to existing laws force, and ordinances, and such as may be made applicable to the subject. Sec. 177. • The police force of the city shall consist of a Chief of ^ - Number of Police and such other officers and men as the City Council shall by or- fo>ce. dinance prescribe. They shall take an oath faithfully and impartially Act i874. to discharge the duties imposed on them by laws and the city ordi- oath. nances, and shall give such bonds as may be required of them by city ordinance. Their several terms of office shall commence on the first Term, day of April and continue for two 3'ears. Sec. 178. Their compensation shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. Compensa- ° ^ tion. Xo extra pay, or allowance, or cost shall be made to them or either of . ^ ■' ' ' Act 18(4. them. It shall be their duty to naake arrests, in the manner prescribed ^^^ by law, of persons violating any penal law of this State. They shall state offenses, perform such other duties as may be imposed by law of the State or or- dinance of the City Council. It shall be the duty of the Chief of Po- lice to prosecute offenders before the Superior Court of Fulton county and the City Court of Atlanta. For a failure to perform anv dutv re- ^ ■^ 1- . „ Suspension or quired by law or the city ordinances, they may be suspended or removed removal, from office by the Board of Police Commissioners. The mode of pre- ferring accusations against them, and of their trial, shall be pre- scribed by city ordinance. The City Council shall also prescribe the manner of suspending until trial the Chief of Police or any other police officer or policeman, when accusation is brought ; and in all such cases the Board of Commissioners of Police may make appointments to the office or place of the suspended person, such appointment to hold dur- ing suspension. Sec. 179. The Mavor and General Council shall cause the entire Force to be Police force of the citv to be armed and so uniformed as to be readilv armed and • uniformed. recognized by the public as peace officers ; the arms to be furnished at the expense of, and to remain the property of the city. The flavor and General Council shall have authority to furnish uniforms at the public expense to the members of the Police and Fire Departments in A<;t, r>ec- i". the discretion of such Mavor and General Council. No salary since Act December 20th, 1898. 62 Part I. — Charter. CHAPTER XL PUBLIC SCHOOLS. Section. 180. Public Schools— power to establish maintain. Section. 181. Board of Education. 182. No special tax for school purposes. Public Schools — Power to es- tablish and maintain. Board of Edu- cation. Existing Board con- tinued and succession provided for. Ordinances to be passed — and as to con- tracts. No special tax. Sec. 180. The Mayor and General Council of said city are hereby empowered to maintain a system of public schools, as now established by law, in the said city, which shall be free to all the children within the said city. And the said Mayor and General Council shall, by or- dinance or otherwise, in their discretion, provide for appropriate agen- cies to regulate, improvise, and carry on said system of schools and ren- der the same efficient. . Sec. 181. The Board of Education of the City of Atlanta shall be composed of seven members, one from each ward, and the Mayor and Chairman of the Committee of Council on Public Schools shall be ex- officio members, and shall hereafter be recognized as one of the regular boards of the city government provided for by the Charter of said city. These provisions shall apply to the existing Board of Education, the members of which shall continue in office until the end of the terms for which they have been -elected respectively, unless vacancies shall occur by death, resignation or removal from office ; and any vacancy so occur- ring shall be filled by elections by the Mayor and General Council. Vacancies occurring by expiration of term shall be filled by elections by the Mayor and General Council at the regular meeting next preceding the expiration of such term, and members thus elected shall hold office for a term of five years and until their successors are elected and quali- fied. The Board of Education shall elect the Superintendent, teach- ers, and other officers of the public schools, and shall have supervision and government of such schools in conformity with existing ordinances and such as may be made by the Mayor and General Council ; but the Board of Education shall not have power to bind the City of Atlanta by contracts for the purchase of the school property, or erection of schoolhouses or the furnishing thereof, or for salaries of officers or teachers for any sum in excess of the annual appropriation made by the Mayor and General Council for the support of the public schools. Sec. 182. No special tax shall be levied and collected for school purposes in said city, but the expense of carrying on said system of public schools shall be paid out of the city treasury, under such rules as may be prescribed by ordinance. Acts of Incorporation'. 63 CHAPTER XII. CITY ASSESSORS AXD RECERTIRS. Section. I Section. 183. City Assessors — election — duties. 184. Oath of office — compensation. Sec. 183. That the ]\[ayor and General Council shall have full ]iow8r and authority to elect at the same time the other city officers are ^"*j^ection— elected, three persons, freeholders, residents of said city, as City Tax ''"^'es- Assessors and Receivers, who shall hold their office as prescrihed in the 20th section of this Act (1874) unless removed by the Mayor and Gen- eral Council for cause, to be judged of by them. It shall be the duty of said Assessors to assess the value of all real estate at the cash market ^g-^ ^^j ^^^, valuation, within the corporate limits of said city, and to make a return ''^^ ^*''°'" ^^^^ to the said Mayor and General Council, as provided by the 3oth section of the Act of 1874, and the Tax Assessors and Receivers of said city , shall enter the same in their books with other taxes, and the same shall be collected as other taxes of said city. Sec. 184. The said Assessors and Receivers, before they enter on o^th of office, the discharge of their duties, shall take and subscribe an oath before the Mayor faithfully and truly to assess all the real estate within the corporate limits of said city, and to return such assessment to the Mayor and General Council thereof, with the names of the owners thereof, and shall receive for their services such annual salaries each [Jon.^^°^" as the J\Iayor and General Council shall have fixed the year before their elections. CHAPTER XIII. TAX COLLECTOR — TREASURER — MARSHAL — CLERK. Section. 185, 186. Tax Collector— election— bond- compensation — oath — duties. 187. Treasurer — election — salary — bond — duties. 188. City deposits regulated. 189. Liabilitj' of sureties on Treasurer's bond. 190. Marshal — election — bond. 191. Executions — fees. Section. 192. Compensation of Marshal. 193. Oath of Marshal. 194. Marshal act as Inspector. 195. Election of Clerk, etc., by people. 196. Compensation of Clerk and Marshal. 197. Clerk — term — oath and bond. Sec. 185. There shall be elected by the people at the same time the other city officers are elected, a Tax Collector for said cit}', who shall be elected and hold his office as prescribed in the 20th section of this ^^^ Collector. Act (1874) unless removed for cause, to be judged of by the Mayor and Act of i874— General Council. He shall give bond and good security, to be fixed peop^ie^*^ under ^ and judged by the said Mayor and General Council, payable to the city isgs." ^^' ' ' of Atlanta, for the faithful discharge of his duties. He shall receive for his services such compensation as the Mayor and General Council fined"by^Coun- the year next preceding his election shall prescribe, which shall not be 20,' 189*8. 64 Part I. — Charter. Distinct from Duty reg:u- lated by Oidi nances. Penalty for failure to re- turn property. Council relieve. increased or diminished during his continuance in office. Before en- tering upon the discharge of his duties he shall take and subscribe an oath before some officer authorized to administer it, to faithfully dis- charge the duties of his othce. His duties shall be prescribed by or- dinance. Sec. 186. The office of Tax Collector of said city shall be separate and distinct from that of Tax Assessors and Receivers. The Tax Col- lector shall collect the tax of said city under such rules and regulations as may be prescribed by ordinance, and shall perform such other du- ties in connection therewith or incident thereto as may be prescribed by ordinance not in conflict with this Act and the Charter of said city. To carry out the purposes of this Act said city may by ordinance re- quire of any officer of said city the performance of any duty deemed necessary or proper thereto. In all cases of failure to return prop- erty, real, personal or otherwise, for taxation by the 15th of March of each year, a penalty of ten per cent, shall be added to the value of the property of such defaulting owners for taxation ascertained by the re- turn of the previous year or otherwise ; and by failure to return by the 15th day of March of each year for street, railway or other capitation tax, the penalty shall be double tax. But the Mayor and General Council shall have power to relieve against the penalty for failure to return within the time provided, where the failure and omission are due to unavoidable or sufficient cause. Notice of the time of closing the books for receiving returns shall be published in any one or more of the daily papers of said city for at least four insertions between the 1st day of February and the 15th day of March of each year, and of- tener if deemed necessary by the Mayor and General Council.' Sec. 187. There shall be elected by the people as herein provided, a City Treasurer, who shall be elected and hold his office as prescribed in the 20th section of this Act (1874)- unless removed for cause, to be judged of by the Mayor and General Council; to have a reasonable salary to be fixed by the Mayor and General Council the year next pre- ceding his election, which shall not be increased or diminished dur- ing his continuance in office. He shall give a bond and security in the amount to be fixed by the Mayor and General Council for the faithful discharge of the duties of his office. He shall take and subscribe an oath before some officer authorized to administer it, faithfully to dis- charge the duties of his office. He shall keep a book in which he shall make an entry of all sums of money received and shall also make an entry of all sums of money paid out, and shall take receipts of all sums paid out, which book and receipts shall be subject to the inspection of the Mayor and members of the General Council of said city at sucli times as they, or either of them, shall think proper. Sec. 188. From and after the first Monday in July, 1895, the de- posits of moneys in the hands of the Treasurer of the City of Atlanta Treasurer. Act 1874. People elect, under Act of 1893. Vacancies filled by Coun- cil. Act Dec. Oath. Books. Duties. See Act Sept. 4th, Acts of Incorporation. 65 belonging to the City of Atlanta, shall be regulated as lollowe: Whenever the money of the City of Atlanta in the hands of tlie City {^^^^^p^^^^ ^''^■ Treasurer shall exceed the sum of five thousand ($5,000) dollars, such ^^^ ^^ ^^^ monev shall be deposited in four (4) chartered banks of deposit and discount of said city in as nearly equal proportions as may be practi- cable. The depositories shall be designated by the ]\Iayor and General Council, and in making the designation regard shall be had to rate of interest on balances of deposits offered by the various banks and to the amount and kind of security tendered by said banks, with the pur- pose on the part of the Mayor and General Council to get the best rate of interest and the best security for the money deposited. The Treas- urer and his sureties shall not be liable on his bond for any of such moneys while on deposit as aforesaid, but he and his sureties shall be liable on his bond for any moneys belonging to the City of Atlanta not so deposited under direction of the Mayor and General Council. Moneys on deposit as aforesaid shall be at all times subject to be drawn out on warrants regularly issued by the Mayor and General Council, signed by the Comptroller, to pay the debts or current expenses of the city, and shall likewise be subject to be withdrawn from the bank where deposited, in the discretion of the Mayor and General Council, at a regular or special meeting. The Treasurer of said city shall have no power on his own motion to withdraw any of the funds so deposited, but can only do so upon warrants regularly issued and countersigned as aforesaid. It shall nevertheless be the duty of said Treasurer to Dlp^foj."" °^ furnish the Mayor and General Council immediate notice of any infor- mation coming to his knowledge tending to show a necessity for the removal of deposits belonging to the city, and for a neglect to furnish such information the Treasurer and his sureties shall be liable on his official bond for any loss occurring to the city from such neglect on his part. But in case none of the banks of the city make reasonable offers of interest and security as aforesaid, or a smaller number of the banks than four (4) make such offers, then the whole subject of the regula- tion of the deposits of the moneys belonging to the city shall be left to the sound discretion of the Mayor and General Council in office for the time being. The Mayor and General Council of the City of At- lanta shall have full power to provide by necessary ordinances for the regulation and control of the deposits of funds belonging to said city in accordance with the spirit and intent of this Act. Sec. 189. The liabilities of any surety or sureties on the bonds of the Treasurer of the City of Atlanta, when such bond is given after the passage of this Act, shall be the same as that of the sureties on the s^,',^^,^es" on ^ bond of the Treasurer of the State of Georgia, to wit : That the JZT'^"'^ property of any such surety on the bond of such City Treasurer shall Act of is!»3. be subject to a lien in favor of the City of Atlanta for the full amount bonTamouin of such Treasurer's bond from the date of the execution thereof. °^- ^*^" ^"^• Sec. 190. There shall be elected by the people at the same time (5) 66 Part I. — Charter. People elect Deeds admis sible like the Clerk is elected, a Marshal, who shall be elected and hold office as provided in the 20th section of this Act (1874) on the subject of elec- tions by the Mayor and General Council, unless removed for cause, to 1893" ^''^ °* ^® .judged of by the Maj^or and General Council. He shall be sepa- rate and distinct from the police force of the city. It shall be his duty to collect or levy fi. fas. for taxes and fi. fas. for tines, and adver- tise and sell property so levied on, and make titles to purchasers, and put them in possession of the property so sold at sales, under laws gov- erning the said Mayor and General Council, under the same rules and delds-Act regulations that govern the sheriff and his deputies at sheriffs' sales. Dec. 20, 1898. jjg shall give bond to said city, with good security, for the faithful dis- flued^by^coun- charge of his duties, and shall have such compensation and perquisites 20!' 1898*. ^^'^' ^s the General Council shall prescribe, which compensation shall not be changed during his term of office, and shall do and perfgrm such fjonP*^"®^' other services as the Mayor and General Council shall prescribe by ordinance. Sec. 191. The Mayor and General Council are further authorized Fees covered ^^ their discretion to prescribe and collect fees for the issuing of busi- into treasury, j^ggg ligg^ggg qj. executious, either or both, and for the collection of 1891."^"^' ^^' executions, and to provide for the covering of all such fees so pre- scribed and collected into the Treasury of said city as the property of the City of Atlanta. Sec. 192. The said Mayor and General Council are also hereby empowered, after the termination of the present term of office of the office^o^Mar- Marshal of said city, to either continue the said office of Marshal, or to abolish the same in the discretion of said Mayor and General Council, and in the event of its abolishment, to confer upon the Tax Collector of said city the powers and duties of such Marshal with reference to the collection of executions, whether for license tax, general tax, or as- sessments for street, sidewalk, sewer or other public improvements. Sec. 193. Before entering upon the discharge of the duties of his office he shall take and subscribe an oath before some officer authorized to administer it, to faithfully discharge the duties of his office. Sec. 194. It shall be the duty of the Marshal to act as city inspec- tor, under such rules and regulations as the Mayor and General Coun- inspector. ' '^ cil shall prescribe, who shall be empowered to enforce the State laws Act 1874. on the subject of weights and measures, and such other rules and regu- lations as are not in conflict with the laws of this State. Sec. 195. The Clerk of Council, Marshal, Comptroller, City At- torney, City Engineer, Comissioner of Public Works, Tax Collector, cert^aiTofficers Sexton and Treasurer of the City of Atlanta, shall hereafter be elected vided for 1893. by the qualified voters of said city: Provided, this Act shall not inter- fere with the power of the Mayor and General Council given by exist- ing law to abolish the office of Marshal, or to consolidate the offices of Marshal and Tax Collector, in their discretion, nor with the power given by existing law to consolidate any of the other offices provided Act Aug. 22, Oath. Act 1874, Acts of Incorporation". 67 for by the charter of said city with the office of Comptroller. The first election of said officers under this Act shall occur on the first Wednes- []jj*^ °^ •^'^'=" day in December, 1894, at the time of the election of the Mayor, Alder- men, and Councilmen, and shall be for a term beginning on the first Monday in July, 1895, and ending on the first Monday in January, 1897, and all subsequent elections of such officers shall be held with the election for Mayor, Aldermen, and Councilmen, or for Aldermen and Councilmen, occurring next before the end of the term of office of any of said officers, and shall be for a term of two years, beginning on the first Monday in the January following such election: Provided, the Mayor and General Council of said city may elect a Commissioner of Public Works at the first meeting in January, 1894, who shall hold office until the first meeting in January^ 1895, unless sooner removed for cause ; and the Commissioner of Publis Works, to be elected by the people under authority of this Act, shall hold office for a term of two years, beginning on the first Monday in January, 1895, unless removed for cause, as aforesaid. Vacancies in any of said offices, whether oc- curring by removal or otherwise, shall be filled by elections by the y,^''^"5''''^. ° -^ ' J .; fji]gj by Mayor Mayor and General Council. The officers of the city, whether elected and ^0"^*^^^ by the people or otherwise, shall be subject to removal from office by ^^^ ^^^ ^ ^ the Mayor and General- Council for cause, according to the provisions 20, i898. of the Charter now in force. The bond of the Treasurer shall be Treasurer's be sufficient, in no event to be less than one hundred thousand ($100,- ^ond. 000) dollars. The General Council shall also have power to increase the bond whenever they may deem it necessary to protect the interest of the city. Sec. 196. The Mayor and General Council of the City of Atlanta, ^^ ^ ^^^^^ Georgia, shall have the power and authority in their discretion to fix o"*^eitife'r^of a salary for the Marshal and Clerk of Council of said city (for either and'"coveJ"pIr- or both), instead of perquisites, and to cover into the City Treasury of the*' Treasury said city any and all fees and perquisites which may by law or ordi- nance be required to be paid into the offices of Clerk of Council and Marshal of said city, or either of said offices, for issuing licenses, permits, executions, making levies, or for any other purpose whatever. The said Mayor and Gen- eral Council are also hereby authorized to provide that the com- f^^ SarsiSf'^'' pensation of said IVIarshal and Clerk of Council, or either of them, may ary^a^id "partly be fixed in part by salary and in part by such a pro rata of tTie fees and and^cw^eT^bai- perquisites received in such offices, or either of them, as may be pro- ^'^ttitel into vided by said Mayor and General Council, and may also provide that pay'^Thein "per- the remainder of such fees and perquisites shall be covered into the heretofore^.* treasury of said city : Provided, that nothing in this Act contained Act Aug. 22, shall prevent the Mayor and General Council of said city from fixing ^*''^' the compensation of the Marshal and Clerk of Council of said city, or 1 See Sections 242 and 243. 68 Part I. — Charter. Elective by people. See Act 1893. cil. Act 1874 either of them, in accordance with the Acts of which this is amenda- tory, should they, in their discretion, deem it to the best interest of said city to so fix the same. Sec. 197. There shall be elected by the people at the time pre- cieik of coun- scribed for the election of city officers, a Clerk of Council, who shall hold his office as prescribed by the said 20th section of the Act of 1874, unless removed for cause, to be Judged of by the Mayor and General Council, and who shall receive such salary as the Mayor and General Council the year next preceding his election shall prescribe. He shall give bond and good security, to be fixed and judged by the Mayor and fiiiedTv^coun- General Council, for the faithful performance of his duties. He shall c:i. Act 1898 ^g^j,g ^^^^ subscribc an oath before some officer authorized to administer it, to faithfully discharge the duties of his office. His duties shall be prescribed by ordinance. PeopL Act 1 CHAPTEK XIV. RECORDER — AUDITOR. Section. 198. Recorder — election — authority — term office. 199. Salary — vacancy^ — removed for cause. 200. Jurisdiction in nuisance cases. 201. Recorder's oath — powers, etc. Section. 202. One member of Council may hold Re- corder's Court. 203. Auditor — election — salary — duties — re- moved for cause — General Council must examine accoimts and reports. Recorder — a thority. Vacancy. Removal for cause. Sept. 4, Section 198. The Mayor and General Council may, in their dis- cretion, elect a Eecorder, whose duty it shall be, when so elected, to preside at the City Court, known as the Mayor's Court, with as full and ample authority to try and dispose of all cases within the jviris- diction of the Mayor's Court, as the Mayor has under the provisions of this Charter. He shall hold his office for the term, as provided under the 20th section of this Charter, unless removed for cause, to be judged of by the Mayor and General Council. Sec. 199. The salary of the Eecorder shall be fixed by the Mayor and General Council the year next preceding his election, and shall not be increased or diminished during his continuance in office. In case of the death, removal or resignation of the Recorder, the Mayor and General Council may elect a successor to fill the unexpired term. He may at any time be removed by the Mayor and General Council for cause, to be judged of by them. Sec. 200. The jurisdiction now vested in the Mayor and General Council of said city, under and by the laws of this State as contained in the Code of Georgia of 1882, in sections 4094 to 4100 inclusive, in respect to the trial and abatement of nuisances as set forth in said Code and sections, be and the same is hereby devolved upon and vested in the Recorder's or Mayor's Court of said city. Said Recorder's or Mayor's Court shall have the same jurisdiction, power and duty as to I Acts of Incorporation. 69 the trial and abatement of said nuisances as the Mayor and General Council of said city has heretofore had, and said Mayor and General Council are hereby relieved of jurisdiction and duty to try, hear or abate such nuisances: Provided and except, that nothing in this Act contained shall divest the Mayor and General Council or Board of Health of said city of jurisdiction as to nuisances affecting health as now provided by law.' Sec. 201. When sitting as a Eecorder's Court he shall have full power and authority concurrent with the Mayor, Mayor pro tern., or ''owers. one member of the General Council, to try all offenders against the or- ^^,^ g^ ^^ .,^ dinances of said city, and impose such penalties for violation thereof as memberJ^br may be prescribed by the ordinances of said city. Before entering ^^'^ i^^*- upon the duties of his office he shall take and subscribe an oath beforp ^^^^^ some officer authorized to administer it, faithfully to discharge the du- ties of the same. The Eecorder may hold any other office not neces- oth^r^'offlce. sarily conflicting with his duties as Eecorder. His duties not herein enumerated may be prescribed by ordinance. Sec. 203. Any one member of the General Council of said city is hereby authorized and empowered to preside in and hold the Eecorder's o^V.Sersa*^'^ or Mayor's Court of said city, whenever from any cause the Eecorder, ^oiTpoiice"^ Mayor or Mayor pro tempore of said city can not be in attendance to *^°"''*- hold the same, and the Mayor and General Council of said city are ^gi. ^^*^' ^*' hereby authorized to provide and regulate by ordinance how the desig- nation of or call upon any member of the General Council to preside as aforesaid shall be made. Sec. 203. The Mayor and General Council may, at their discretion, at the same time the other city officers are elected, elect an Auditor, ^ry'^or"^'' who shall hold his office as provided in the 20th section of this Act, Act of i874. unless removed for cause, to be judged of by the Mayor and General Council. He shall receive such salary as may be voted him ])y the General Council next preceding his election, which shall not be in- creased or diminished during the term for which he was elected. He shall examine quarterly the books, papers and accounts of all the city '^"*'''^" officers through whose hands money may pass, and make a written re- port to the Mayor and General Council as to the correctness of said accounts. The Auditor may be removed at any time for malpractice Removed for in office, or for incompetency. The election of an Auditor, with the ^^^^^' duties above set forth, shall not relieve the members of the General General coun Council of the responsibility of examining into all accounts for and against the city, and into the reports of the city officers.' cil must -ex- amine ac- counts, etc. 1 Of doubtful constitutionality, but general law confers same jurisdiction. Section 4670 et seq., Code of 189.5. 2 This office has been vacant since creation of Comptroller. 70 Part I. — Charter. CHAPTER XV. BUILDING INSPECTORS— CITY ATTORNEY — CITY ENGINEER — CITY SEXTON. Section. 204. Building Inspectors — duties. 205. Recommendations to be executed. 206. Election— term of office. 207. May elect one Inspector. Section. 208. City Attorney— City Engineer and City Sexton — election — salary — duties — bond of Sexton. Building In- spectors. Recommenda- tions to be ex- ecuted. Term of office. Act of 1874. One Building Inspector may be substituted for three. Qualification necessary. Section 304. The Mayor and General Council of the said city, at the meeting when the other officers are elected, or at any subsequent meeting of said Mayor and General Council, shall have full power and authority to elect three freeholders, residents of said city. Building In- spectors, whose duty it shall be, in connection with the City Engineer, to inspect all buildings and walls located on the various streets, lanes and alleys of said city, when they shall be requested to do so by the Mayor, and to report the result of said investigation to said Ma^^or, with a recommendation to the best course to be pursued in reference to said buildings or walls, for the protection of the citizens. Sec. 205. The said Mayor shall have full power and authority to execute, in a summary manner, the recommendations of said Building Inspectors, or a majority of them, at the expense of the owner of said building or wall, or the owner of the lot upon which the same may be located, in the discretion of the said Mayor, should the said owner, after such notice as may seem reasonable in the discretion of the Mayor, if notice can be served on him, fail or refuse to remove the ob- structions reported by said Building Inspectors, or a majority of them, such expense to be collected by execution to be issued by the Clerk of Council; and the said Mayor and General Council shall have full power and authority to pass all ordinances that may be necessary to carry this measure into full effect. Sec. 206. The said Building Inspectors shall hold their office for the term of two years, except those elected at the first meeting in Jan- uary, 1875, or at the next, or any subsequent meeting thereafter. The Inspectors so elected shall vacate their office at the first meeting of the Mayor and General Council, in July, 1875, at which meeting the Mayor and General Council shall elect Building Inspectors for the term of two years, after which time all elections to fill said offices shall be held biennially. Sec. 207. The Mayor and General Council of said City of Atlanta may, in their discretion, substitute for the three Building Inspectors provided for by sections 93, 94, and 95 of said Act of incorporation (of 1874) including amendments heretofore made, a single Building Inspector, in which case the Building Inspector shall be either a pro- fessional architect and builder, or a civil engineer acquainted with the science of building. And in the event of the substitution of one In- Acts of Incorporatiox, 71 spector in tlie place of three, as hereinbefore provided for, the Build- Powere and duties of Inspector. ing Inspector, so to be elected, shall have all the powers and discharge ^^^^^ "^ ^"^ all the dtitios devolving upon the present Building Inspectors under the charter of said cit}' and the laws of the State, and shall in addition thereto, perform such other duties and exercise such other powers and privileges as may be provided for by .ordinances of said City : and it shall be within the discretion of said Mayor and General Council to t^fon may 'be siibstitute the one inspector for the three Inspectors now in office, on "^^^^' or after the first day of January, 1895. Sec. 308. There shall be elected by the qualified voters of said city on the first Wednesday of December, 1894, and biennially thereafter, city Attorney, a City Attorney, City Engineer, and City Sexton, who shall each hold city selton^"^' his office for the time prescribed by the 20th section of this Act (1874), Act i874. unless removed for cause, to be Judged of by the Mayor and General Elected by Council. They shall each receive a reasonable salary, to be fixed by isdi. ^- "" ° the Mayor and General Council the year next preceding their election, vacancies which shall not be increased or diminished during their continuance cii. Act of in office. Their duties shall be prescribed by ordinance. Before en- [ tering on the discharge of their duties, they shall each take an oath before sOme officer authorized to administer it, to faithfully perform the duties of their offices. The City Sexton shall enter into bond, with good security, payable to said City of Atlanta, in an amount to be fixed Bond of Sexton and judged of by the Mayor and General Council for the faithful per- formance of his office. CHAPTEE XVI. MISCELLANEOUS POWERS AND DUTIES. Section. 209. Process to be directed to the Marshal. 210. Insolvent executions. 211. Witnesses — attendance compelled. 212. Fee bill may be established. 213. Fire limits. 214. Registration of voters. 215. Impeachments — General Council shall try — judgment in case of. 216. Officers may justify. Section. 217. Sale of personal property. 21S. Salaries. 219. Convicts — authoritj' to farm out. 220. Mayor and Council for 1874. 221. Vacancies. 222. Salaries of officers — when fixed. 223. No salaries for members of boards. 224. Not sued until opportunity given to set- tle. Section 209. All warrants, summonses, precepts, executions, or Process di- '115 rected to Mar- other processes issued by the Clerk of the City Council of Atlanta shall shai. be directed to the Marshal of the City of Atlanta. ■^'' ^^'^*- Sec. 210. The Mayor and General Council of the City of Athmta insolvent exe- shall not be liable to pay any insolvent executions except upon such '^"*'°°^- terms and regulations as they may prescribe. ^*''*' Sec. 211. The Mayor and General Council of said city shall have witnesses— at- full power and authority to compel the attendance of parties and wit- pelied!'^^ *^°™ nesses at the Mayor's Courts, and the meetings of said Council, or i874. 72 Part I. — Charter. Fee bill for officers. Fire limits. 1874. General Council ; and for this purpose said Mayor and General Coun- cil shall have full power and authority to'- take and receive of parties and witnesses such bonds as they shall deem necessary to secure the at- tendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited in the Superior Courts of this State. Sec. 212. The said Mayor and General Council shall have power and authority to establish a fee-bill for the officers of said city, not higher than the fees allowed the county officers, or lower than those allowed to Justices of the Peace and Constables of the State. Sec. 213. The said Mayor and General Council shall have power and authority to continue the fire-limits as now established by law, and from time to time, in their discretion, to extend and enlarge the same, within which fire-limits so established, and to be established, it shall not be lawful for anyone to erect other than fire-proof buildings, or structures of any kind, other than fire-proof; and should any one erect, or cause to be erected, within such fire-limits so established, any such buildings or other structures, said Mayor and General Council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, the said expenses to be collected by executions issued by the Clerk of Council ; and the said Mayor and General Council shall have power to determine what buildings or other structures are, or are not, fire-proof. Sec. 214. The Mayor and General Council of said city shall have full power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and require that no person be permitted to vote, unless registered as aforesaid ;' to constitute and appoint the Tax Collector of Fulton county to the office of Eegistrar of said city, to fix his compensation as such Eegistrar, and when so appointed, to require him to perform the duties of said office. That the registra- tion intended under this Act shall take effect at such time as the said Mayor and General Council shall fix by ordinance ; and until tlion the present mode of registration for said city shall exist.' Sec. 215. The General Council of said city shall have the sole right to try all impeachments. When sitting for that purpose, they shall be under oath or affirmation. When the Mayor is tried, the Judge of the City Court shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in case of impeachment, shall not extend further than removal from office and disqualification to hold any office of honor, trust, or profit, under this charter; but the party convicted shall, nevertheless, bo liable and sub- ject to indictment, trial, and punishment, according to law. Registration of voters. General Coun- cil shall try impeach- Aot November Acts of Incorporation. 73 Seb. 216. That any of the officers of said corporation, who may be f^^^ ""^^ sued for any act done in his or their official eliaractcr, may justify ,3.^ under this Charter. Sec. 217. Whenever any personal property has been levied on in gj^,^ ^^ p^^. sonal prop- erty. the City of Atlanta, if of character to render its removal to the City riall of more than ordinary expense or inconvenience, the same may ^§7^ be sold at any place within the corporate limits of said city, at public outcry, within the hours now provided by law, and after having given the notice required by law : Provided, the owner thereof gives his con- sent. Sec. 218. It shall be the duty of the Mayor and Council now in Salaries. oflfice in said city, to fix the salaries or compensation of the officers first to be elected for said city under this act.' Sec. 219. That the Mayor and General Council are hereby author- ized to farm out all persons sentenced to imprisonment for yiolating thorYty^^uf"' the ordinances of said city, in the same manner and upon the same *^™ °"*" terms as the Ordinaries of this State are authorized to farm ont con- '^^''*- victs. Sec. 220. That the Mayor and Councilmen, in office in said city, ^j^yor and are hereby clothed with all the powers, rights and privileges, during ^g^T"^ ^"'^ their continuance in office, that by the terms of this Act are conferred 1374 on the Mayor and General Council as provided herein. The said Mayor and Council shall, in like manner, be subject to the same limi- tations and restrictions. They shall have full power and authority to pass all needful ordinances, resolutions and by-laws, for the successful carrying into effect of this Act. Sec. 221. The said Mayor and General Council shall have full power and authority to fill any vacancy that may occur in any office ^=i'^an«=»e3 held under election or appointment by the said ]\Iayor and General ^^^*' Council, for the unexpired term thereof. Sec. 222. That hereafter the salaries, compensation or emoluments The pay of all of all the officers of said city, whether charter officers or otherwise, fiflfd1he°year shall be fixed by the Mayor and General Council in office the year pre- eTeetio'n ^or ceding the election or appointment of said officers, and such salary, appo"»tment. compensation or emoluments shall not be changed for or during the "^''*' "*' term for which any such officer was elected or appointed. Sec. 223. From and after the first day of January, 1899, the mem- no salaries for bers of the several Administrative Boards of the City of Atlanta, such Bo^ds.'^ °^ as the Board of Police Commissioners, the Board of Water Commis- Act Dec. '20, sioners, the Board of Health, the Board of Firemasters, the Board of Education, the Grant Park Commission, the Trustees of the Grady Hospital and all similar administrative boards of the city government, shall serve without salaries, whether such members of any of said boards were elected before or after the passage of this Act. Sec. 224. Xo person, firm or corporation having a claim for money 1 Reference of this section was to Council of 1S74. 74 Part I. — Chartee. , ,., damas-es against the City of Atlanta on account of injuries to person or Not sued until & ti J j i °wen*to""e«ie P^opert}', shall bring any suit at law or in equity against the said City Act Dec 20 ^^ Atlanta on such account without first presenting such claim to the 1898. ' Mayor and General Council of the City of Atlanta for adjustment and no such suit shall be entertained by the Courts against the City of At- lanta unless the cause of action therein has been first presented to the Mayor and General Council for adjustment, provided, that upon the presentation of such claim in any case to the Mayor and General Coun- cil, said Mayor and General Council shall consider and act upon the same, favorably or unfavorably, to the petitioners within three months from the presentation thereof ; provided further, that the action of the Mayor and General Council upon such claim, unless it results in the settlement thereof, shall in no sense be a bar to the plaintiff's rights in such cases in the courts. CHAPTER XYII. CITY BONDS. CHARTER SURPLUS. SINKING FUND. Section. 225. $385,000 7 per cent, floating debt bonds. 226. $50,000 to be placed in sinking fund an- nually, beginning with 1896. 227. Repealing Act requiring $50,000 to be paid sinking fund each year. 228. Charter annual surplus to pay first half year's expenses. 229. Charter surplus — how used and replaced. 230. Treasurer shall keep account with sur- plus. 231. Fixes surplus at $175,000. 232. Also about surplus. Temporary loans authorized. $.55,625 capital bonds authorized. Refunding bonds authorized. Authorize refunding of whole debt. May register bonds. 239. May substitute registered for c pon bonds. Guardians and Trustees may invest Atlanta bonds. (a). May create fund for City Hall site, (b). May buy Piedmont Park. amount of $385,000. Sec. 225. The City of Atlanta is hereby authorized to issue bonds Authorizin "^^^^ ^^^ usual interest coupons attached, to the amount of three hun- bon(b^to°the°^ ^^^^ ^^^ eighty-five thousand dollars, said bonds to be issued and bear date as soon as the same can be prepared, and shall be of such foi-m and denomination, and bear such rate of interest (not exceeding seven per cent.) as the Mayor and General Council of said city shall by ordi- nance provide, and shall be payable as follows: twenty-five thousand dollars in amount on the 1st day of January, 1886, and an equal amount on the 1st day of January of each of the immediately succeed- ing four years; forty thousand dollars January 1st, 1891, and an equal amount on the 1st of January of each of the immediately succeeding three years; (fifty thousand dollars on the 1st of January. 1895, and the same amount on the 1st of January, 1896. The city shall not sell said bonds, or any portion of them. ])elow par. The Mayor and General Council of said city shall provide each year by taxation a sufficient amount to pay the principal and interest of said bonds as the same shall mature. Said bonds shall be non-taxable by the city. The proceeds arising from the sale of said bonds shall be Shall not be Bold below par. Taxation to pay bonds. Acts of Incorporation. 75 used in paying off the present floating debt of said city, and for no ^'^^'^^' ^'^^ other purpose whatever. Sec. 226. Be it further enacted That during the year eighteen hundred and ninety-six (1896), and each succeeding year, the Mayor P«™^^t„^ and General Council of said city shall set apart and appropriate, from the revenue of the city for each year fifty thousand dollars ($50,000), to be used solely and exclusively for the purchase and retirement of any bonds of the city that may be outstanding, until the whole of the pub- lic debt of the city is paid off.' AN ACT TO AMEND THE CHARTER OF THE CITY OF ATLANTA. Whereas, In the caption of An Act approved on the 22d day of August, 1879, amending the Charter of the City of Atlanta, the second clause of said caption was in the following words : "To require the Mayor and General Council of said city, during the year Eighteen Hundred and Ninety-six, and each year thereafter, until the whole of the public debt of the city is paid off, to set apart and ap- propriate for that purpose, the sum of Fifty Thousand Dollars, and Whereas, by the second section of said Act it was provided as fol- lows : Be it Further Enacted, That during the year Eighteen Hundred and Ninety-six, and each succeeding year, the Mayor and General Council of the city shall set apart and appropriate from the revenue of ^*'' ' the city for each year, Fifty Thousand Dollars, to be used solely and Repeals .e- exclusively for the purchase and retirement of any bonds of the city $5o,'ooo^"e that may be outstanding until the whole of the public debt of the city fngVund . , ' ™ T annually. is paid on, and Whereas, by the second Section of an Act amending the Charter of the City of Atlanta, approved on the 13th day of Novenmber, 1889, it was provided as follows : Be it Further Enacted, That the Mayor and General Council of said city are hereby authorized and empowered to cause the issue of new coupon bonds of said city to meet and retire any and all bonds of said city now outstanding as the several installments thereof shall here- . after, from time to time, mature and fall due ; said new coupon bonds to be in such form, to run for such length of time, and to bear such rate of interest, not exceeding four and one-half (4|) per centum per annum, as the said Mayor and General Council may direct, and the proceeds to be applied only for the purpose of paying off and retiring any bonds of said city now outstanding, as the same mature," and Whereas, the fourth Section of said last mentioned Act repeals all 1 It is believed that this Section was repealed by the refunding- Act of November 13, 1889, and in practice it has been treated as repealed. 2 This Section expressly repealed by Act December 20, 1898, which immediately follows it. 76 Part I. — Charter. laws and parts of laws in conflict with said Act, thus apparently and impliedly repealing the matter quoted from the caption and the body of the Act approved August 22d, 1879, but without specifically men- tioning such portions of the caption and Act of 1879; for remedy whereof ; Section 1. The Senate and House of Representatives of Georgia in General Assembly met do enact, that the second clause of the cap- tion of the Act approved August 22d, 1879, in the following language: "To require the Mayor and General Council of said city, during the year Eighteen Hundred and Ninety-six, and each year thereafter, until the whole of the public debt of the city is paid off, to set apart and ap- propriate for that purpose the sum of Fifty Thousand Dollars" and Section second of said Act approved August 22d, 1879, in the follow- ing language : Be it Further Enacted, That during the year Eighteen Hundred and Ninety-six, and each succeeding year, the Mayor and General Council of the city shall set apart and appropriate from the revenue of the city for each year, Fifty Thousand Dollars, to be used wholly and exclusively for the purchase and retirement of any bonds of the city that may be outstanding until the whole of the public debt of the city is paid off," be and the same are hereby expressly repealed, such re- peal to take effect on the 13th day of November, 1889, when the Mayor and General Council of the City of Atlanta were authorized to refund the whole bonded debt of said city by iVct of November 13th, 1889. Sec. 228. In order that said city may accumulate in its treasury a sufficient fund to pay the interest and current expenses of the city gov- ernment for six months, and thereby remove the difficulty under which Provision for fhc authorities of said city labor in being compelled to borrow money penses for six duriug the first half of each year, the following authority is hereby months, from ° r p i • . Jan. 1, to June given : The Mayor and General Council of said city, in lieu ot one- 30, 1879. & J J^ fourth of the tax on real estate now set apart to pay the floating debt, shall, from the receipts from tax on real estate for the year 1879, set apart in cash and appropriate twenty thousand dollars for this pur- pose; and said body, for the years 1880, 1881, 1882, 1883 and 1884, shall, in each of said years, set apart in cash and appropriate from the receipts from the same source, twenty-five thousand dollars for this purpose, which several amounts, aggregating one hundred and forty- five thousand dollars, shall be used to pay the semi-annual interest due Janary 1st, 1885, and the current expenses of the city government from January 1st to June 30th, 1885, inclusive.' Sec- 229. The amounts appropriated, as provided in the preceding Funds, as ac- scction, fop cach year, shall be carried forward, as it accumulates, in- may^be'^u'sed. tact, and shall bc held and reserved for the purpose specified: Fro- 1879. vided, that the city authorities, as said fund accumulates, may use the 1 All tliese Sections are retained to show liistoiy of tliis legislation. Acts of Ixcorporation. 77 amount accumulated during the previous year, or years, to pay the in- terest and current expenses for the early part of any year prior to the vear 1885, the same to be replaced in the fu7ids in cash from taxes col- lected for said year, together with the amount required by this Act to be set apart for such 3'ear before the year expires. Sec. 230. The City Treasurer shall open on his books and keep an account with the fund provided for in the two preceding sections, until -f.leoun't^ with"' the same is accumulated and ex]X'nded in the year 1885, as therein re- '^"''^ '"'"^• quired. ^^'^■ Sec. 231. The revenue of said city from all sources for the year 1885, and succeeding years, shall be used to pay the interest and cur- pj^^^j ^^^^ rent expenses of the city for the latter half, to wit : from the 1st day ^^^" ^^**- of July to the 31st day of December, inclusive, of the year in which it ^^"^• is collected, and for the first half, to-wit : from the 1st day of January to the 30th day of June, inclusive, of the next succeeding year. And in order to carry this provision into effect, the Mayor and General Council for 1885, and for each succeeding year, are required to have, in cash in the City Treasury, when the year expires, and to turn over in cash to their immediate successors $175,000.00." Sec. 232. That from and after the passage of this Act, section six of the above-recited Act, approved August 22nd, 1879, be and the same Repealing is hereby repealed, and that, in lieu of said section, it is enacted that ^■^*"*^- the Mayor and General Council of said city shall, from the receipts \ll~\ from tax on real estate for the year 1885, 1886, 1887 and 1888, set apart in cash in each of said years, and turn over to their successors in office, the sum of twenty-five thousand dollars, which said several te'^ed^''' sums will at the end of said time, together with the fund heretofore created by said Act, amounting, on the first of January, 1885, to one hundred and forty-five thousand dollars, aggregate the entire sum of two hundred and forty-five thousand dollars out of which said sum of two hundred and forty-five thousand dollars, one hundred and seventy-five thousand dollars shall be turned over, in cash, to each succeeding Mayor and General Council, continuously, for the pur- t ™ned over.^ pose of paying the semi-annual interest due January 1st of each year, use of fund, and the current expenses of the City Government from January 1st to June 1st of each year." Sec. 233. The Mayor and General Council of Atlanta shall have power and authority to borrow money by making temporary loans of moneT'of not exceeding two hundred thousand dollars in any one year, beginning loaris"'^^'^"^ ' with 1894, the sum or sums so borrowed to be repaid out of the income Dec 19, 1993. of the city for the year in which the loan or loans were made, and be- How to be re- fore the expiration of the year in which the same was borrowed, this authority to be in lieu of authority heretofore granted to borrow smaller sums. See Act approved July 29, Act July 29, 1887. 78 Part I. — Charter. Also specially authorized by State Consti- tution. Due in thirty years. Proceeds — how used. Provision for payment of. Authorizing issue of Redemption Bonds. Sec. 234. The City of Atlanta is hereby authorized to issue bonds, May issue -^yj^h the usual interest coupons attached, to the amount of fift.y-five ^5 g25 thousand six hundred and twenty-five dollars, said bonds to issue and ^gg^ bear date as soon as the same can be prepared, and shall be of such denomination and form, and bear such rates of interest (not exceeding six per cent,) as the Mayor and General Council of said city may be ordinance provide, and shall be payable thirty years from date. The said city shall not sell said bonds or any portion of them below par. They shall be non- taxable by city, and the proceeds arising from their sale shall be used in paying the amount due by the City of Atlanta to the State of Georgia, being the amount agreed \ipon as the valuation of the old capitol building at Milledgeville, or for replacing other funds used for such purposes, in case it should be necessary to make such payment to the State before said bonds can be sold, and for no other purpose whatever. The Mayor and General Council shall provide by taxation sufficient amount to pay the principal and interest of said bonds as they mature. Sec. 235. The Mayor and General Council, with the concurrence of the Aldermanic Board of the City of Atlanta are hereby authorized to cause the issue of new coupon bonds of said city to meet and retire the securities of said city, known as the six per cent, funding Ijonds, as the several installments of the same shall hereafter, from time to time, mature and fall due, beginning with the next installment, amouning to twenty-five thousand dollars, which falls due on the first day of January, 1887. Said new coupon bonds to be in such form, to run for such length of time, and to bear such rate of interest (not exceeding four and one-half (l^^) per centum per annum) as the said City Government may direct, and the proceeds to be applied only for for the purpose of paying off and retiring said series of six per cent, funding bonds above described. Sec. 236. The Mayor and General Council of said city are hereby authorized and empowered to cause the issue of new coupon bonds of said city to meet and retire all bonds of said city now outstanding as the several installments thereof shall hereafter, from time to time, mature and fall due ; said new coupon bonds to be in such form, to run for such length of time, and to bear such rate of interest, not exceeding four and one-half per centum per annum, as the said Mayor and General Council may direct, and the proceeds to be applied only for the purpose of paying off and retiring any bonds of said city now out- standing as the same mature. Sec. 237. Whereas many of the outstanding bonds of said city which mature, some in 1890, 1891, 1892, 1893, 1894, 1895, 1896, 1897, 1902, 1904, 1911 and 1914, bear interest respectively, some at six (6) per cent, per annum, some at seven (7) per cent, per annum, and some at eight (8) per cent, per annum, therefore, the Mayor and General Council of said City of Atlanta are hereby authorized and em- May refund all maturing Refunded in bonds bearing lower interest. Acts of Incorporation. 79 powered to issue new coupon bonds of said eit}' to run for such lengtli of time, to be of such denominations, and to bear such rate of interest not to exceed four and a half (41/^) per centum per annum as said Mayor and General Council may direct. The bonds hereby authorized may be issued from time to time as outstanding unmatured bonds of said city, bearing a higher rate of interest, can be obtained by purchase or exchange for said new issue of bonds, on terms satisfactory to said Mayor and General Council. The bonds author- ized to be issued under this section shall be issued only as outstanding bonds of said city as above, of the same amount of principal, are retired by purchase with the proceeds of said new bonds, or by ex- change for new bonds as aforesaid, and said new bonds, or the pro- ceeds thereof, shall be used for the retiring, as aforesaid, of bonds of said city bearing a higher rate of interest than the new bonds author- ized by this section ; and in no event shall the amount of bonds issued for this purpose at any time exceed the amount of outstanding higher interest rate bonds retired by purchase with the proceeds or by ex- change for such new bonds. N"o bonds issued by the Mayor and Gen- Redemption eral Council of the City of Atlanta, to meet maturing and outstanding ^°^'^^- bonds, shall bear a higher rate of interest than such maturing bonds. tsS.^^^' ^' Xo more bonds shall be issued for any other purposes.' Section 238. The Mayor and General Council of said City of At- lanta are hereby authorized and empowered to provide for and regu- issue bonds, late the registration of bonds of said city with the Treasurer of said city, in as full and ample manner as is provided by the laws of this State for the registration of bonds of this State. Said Mayor and General Council shall have the power to prescribe the manner in which bonds of said city which have been registered may be transferred or negotiated. Sec. 239. Said Mayor and General Council may provide for the is- ^ ^ ^ ,„„„ ■^ . . Sept. 4, 1889. suing of registered bonds of said city, in lieu of any bonds authorized to be issued in pursuance of this Act, and in lieu of any coupon bonds of said city heretofore, or that may be hereafter, issued by said city. Said registered bonds shall be similar in all respects to the bonds au- thorized to be issued by said city under the Acts respectively author- izing the issue of the same, except^ that registered bonds under this section of this Act shall not be coupon bonds, and the principal and the interest shall be payable only at the treasury of said city. Said bonds registered under and by virtue of this section shall be transfer- able on the books of the Treasurer of said city, in the manner in sub- stance provided for the transfer of the bonds of the State of Georgia, authorized to be registered by the third section of an Act approved September oth, 1887, and which Act provided for the issue, registra- tion, etc., of the bonds of the State of Georgia. Later issue of bonds authorized by subse juent Acts. 80 Part I. — Charter. Sec. 240. Any g-uardian or trustee, in his discretion, may invest Guardians, etc. ^^J funds of his Ward or cestui que trust in his hands in bonds of said City of Atlanta, in the same manner and to the same extent, as such funds may be invested in stocks, bonds and other securities of the State of Georgia. Sec. 240 (a). That the Charter of said City of Atlanta be, and the same is hereby, further amended so as to authorize the Mayor and General Council of said city, in their discretion, to create a sinking fund from the taxes and other incomes of said city, to provide a fund for the purchase, or acquiring of a site by condemnation proceedings, for a City Hall building, and for the erection of a City Hall building. The amount to be paid into such fund each year shall be such as may may buy Sept. 4, Sinking fund for City Hall Act Dec. 23, Note : A tabular statement of the bonded debt of the City of Atlanta is inserted here for the sake of convenience: AUTHORIZED. AMOUNT. PURPOSE. INT. TIME. September 23, 1870 August 25, 1871.... March 19, 1872.... March 19, 1872 ,$427,000.00 100,000.00 300,000.00 18,000.00 68,500.00 55,500.00 52,000.00 159,500.00 25,000.00 124.000.00 50,000.00 36,000.00 246,000.00 149,000.00 35,000.00 140,000.00 500,000.00 46.000 00 46,000.00 74.000.00 275,000.00 Water . 7 8 8 I 6 5 ^ 5 4 4 4i 30 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years 19 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years 30 years Floating debt *Ga. Western R. R February 7, 1881.. October 15, 1883... New Capi tol July 8, 1885 February 1, 1886.. November 5, 1888. . October 8, 1889. .. Redemption Redemption Redemption . February 25, 1890. . *November 3, 1890 West End Light & Water . . December 19, 1890. Water December 7, 1891. . Redemption December 7, 1891.. December 16, 1891 Redemption Redemption 4 4i 4i December 21 1891 Water November 10 1894 Redemption . . . 4 4 4 4 November 10, 1894 November 16, 1896 **October 17, 1898 Total $2,927,500.00 *As to all redemption bonds since 1889. the reference is to the date of the ordinance. The legislative authority is the Act of November i;!th,1889. **This issue of bonds retired .$300,000 of bonds issued in 1869 originally authorized by an Act of December 20th, 1860, as follows : "Act to amend the several Acts incorporating the City of Dalton, and amendatory of and in addition to the several Acts incorporating the City of Atlanta, and to extend the cor- porate limits of the Town of Camming, in tlie County of Forsyth. "24. Sec. V. Be it further enacted by the authority aforesaid. That said Mayor and Council shall have full power and authority to malce such subscription or subscriptions in behalf of said city, for such stock in any railroad or other company, as may be deemed necessary and proper for promoting the growth and prosperity of said city, or to confirm or ratify any subscription which may have been heretofore made by said Mayor and Coun- cil, and also to issue bonds upon the faith and credit of said city, to secure said subscrip- tions, and to levy such tax upon the real estate and stock in trade in said city as may be necessary for tho payment and redemption of the same; proridcd, said tax shall not ex- ceed one per cent, per annum on the value of said property." Assented to December 20th, 1860. Acts of Incorporation. 81 be prescribed by the Mayor and General Council by ordinance, and to also authorize the Mayor and General Council of Atlanta, in their dis- cretion, to purchase a site and building, or a site only, for a City Hall, and to pay for the same in five or more annual installments. Sec. 240 (&). That the Charter of the City of Atlanta, and the va- rious Acts amendatory thereof, be, and the same are hereby, further amended so as to authorize the Mayor and General Council of the City of Atlanta, in their discretion, to purchase the property known as Piedmont Park for park purposes at a price not exceeding one hundred and sixty thousand ($160,000) dollars, and to pay for the same in such annual installments, and through such a number of years as may be deemed best by said Mayor and General Council. CHAPTER XVIII. CITY COMPTROLLER : OFFICE OF CREATED; MODIFICATION AS TO FI- NANCIAL AND TAX SYSTEM. Section. 241. Election of Comptroller — estimates and apportionment of income — how and when made. Section. 242. Duty as to warrants, change of system in tax department — Tax Collector sepa- rate officer — duties of officers — assess- ments and returns for tax, when made- estimate of income, etc. — penalty for failiu-e to return for tax — power to re- lieve against. 243. Penalty in case of failure to make tax returns by time prescribed. Section 2-il. The office of City Comptroller of said city is hereby Elected by created- The City Comptroller shall be elected by the people at the p^°p'^- same time as the City Clerk. The City Comptroller, now serving un- ^^^ °^ ^^®^' der appointment and confirmation, as by ordinance of said city pro- b:fAct"f im vided, shall serve until the first regular meeting of the General Council in April, 1891, and until his successor is appointed, confirmed and qualified, unless sooner removed by the Mayor for cause. All subse- quent elections, except to fill vacancies, shall be for a term of two years, with the same right of removal by the Mayor and General Council for cause. The City Comptroller shall receive for the term he is now serv- salary, when ing, the salary heretofore prescribed by ordinance, and for succeeding ^'''''^' terms the salary that may be prescribed by the Mayor and General Council for the year preceding his appointment, which shall not be changed during his term of office. He shall give bond in such sum as may be prescribed by ordiuaee, with security, subject to approval by the Mayor, conditioned for the faithful performance of his duties. The duties of said City Comptroller shall be such as are now, or from Duties pre- time to time may be prescribed by ordinance of said city. Said City ordinances of Atlanta shall have power to devolve upon the City Comptroller any 82 Part I. — Charter. Keeps city ac- counts with all depart- ments. Heads of ap- propriations. May require evidence of justice claims. of duty or authority now and heretofore devolving upon any other of- ficer of said city by charter or hiw, whenever the Mayor and General Council may deem it necessary or proper. To enable the City Comp- troller to keep a general set of books for said city, and to keep regular and correct accounts, showing the financial transactions of said city, separately and under proper heads, with all persons and city officers who may have money transactions with said city, and to enable a complete system of checks and balances to be provided for said city, said city may by ordinance provide for the apportionment of the rev- enue or income of the city each year, to such departments or heads, and to such number of departments or heads as may be deemed requisite, instead of to departments or heads heretofore provided by charter of said city in Section 35 thereof and elsewhere therein; and said city may by ordinance change the name, number and order of de- partments or heads for appropriations heretofore provided; but all the other financial provisions of the charter and amendments thereto of said city are continued of force, except as changed by this Act. Sec. 242. Whenever a warrant or claim shall be presented to the City Comptroller he shall have power to require evidence that the amount claimed is Justly due, and for that purpose may summon be- fore him any officer, agent or employe of any department of said city, or any other person, and examine him upon oath or affirmation, rela- tive to such warrant or claim, and may require the production of books and papers to be used as evidence before him. The office of Tax Eeceiver and Collector of said city is hore1)y changed to that of Tax Collector, and the offices of Assistant Tax Re- ceivers and Assessors are hereby changed to Tax Assessors and Ee- ceivers. The Tax Assessors and Receivers shall assess real and per- sonal property, and receive returns for taxes, and perform such other duties as prescribed by ordinance. The office of Tax Collector of said city shall be separate and distinct from that of Tax Assessors and Receivers. The Tax Collector shall collect the tax of said city under such rules and regulations as may be prescribed by ordinance, and shall perform such other duties, in con- nection therewith or incident thereto, as may be prescribed by ordi- nance, not in conflict with this Act and the charter of said city. To carry out the purposes of this Act, said city may by ordinance, require of any officer of said city, the performance of any duty deemed neces- sary or proper thereto. Sec. 243. In all cases of failure to return property, real, personal or otherwise, for taxation by the 15th of March of each year, a ]>en- alty of ten per cent, shall be added to the value of the proixTty of siu-h defaulting owners, for taxation, ascertained by the return ol' the pro- vious year or oherwise; and by failure to return by tlie 15th day of Section 35, Act of 1874. Acts of Incorporation. 83 Marcli of each year, for street, railway or other capitation-tax, the pen- alty shall be double tax. But the Mayor and General Council shall have power to relieve against the penalty for failure to return within the time provided, where the failure and omission are due to unavoid- able or sufficient cause. Notice of the time of closing the books for re- ceiving returns shall be published in any one or more of the daily pa- pers of said city, for at least four insertions, between the 1st and 15th of March of each year, and oftener if deemed necessary by the Mayor and General Council.' CHAPTER XIX. PURCHASE OF LOT FOR U. S. BUILDING RATIFIED: MORTGAGE ON OLD CAPITOL. ALSO PURCHASE OF Section. 244. Purchase of mortgage of N. W. M. Ins. Co. on old Capitol on Marietta street ratified. 245. Purchase of lot for U. S. Building rati- fied. Section. 246. Authority given to make the deed conveyance. 247. Sanitary assessments. 248. May expend entire receipts. 249. May rent a house for market. PURCHASE OF MORTGAGE ON OLD CAPITOL AT ATLANTA RATIFIED, AND OTHEH RATIFYING ACTS. Section 244. The action of the Mayor and Council of the City of Atlanta, in purchasing and taking a transfer to itself, of a mortgage ^^^^^ ^^^ ^^ given by E. X. Kimball to the Xorthwestern Mutual Insurance Com- !Lpul'-hise *^°- pany of Milwaukee, \yisconsin, for $60,000 (with accrued interest, '^^^^'"^■ commissions and costs), upon the lot and building at present occu-^^''^- pied as a State Capitol, in the City of Atlanta, be, and the same is hereby ratified and confirmed, and declared of valid legal force and effect. Sec. 245. The action of the City of Atlanta, through its Mayor and Council for the year 1874, in purchasing a lot on Marietta street, ji^tmed pur- in said city, for the sum of $50,000, for the purpose of conveying the f^pubiii°u. same to the United States of America free of cost, for the erection of ^- ^""'ii°g«- public buildings, be, and the same is hereby ratified and confirmed, ^^^^• and declared of valid force and legal effect. Sec. 246- The City of Atlanta is hereby authorized to make a Authorizes deed of conveyance to the United States of America, for the purpose ttltl'' ""'-^'^ indicated. APPROPRIATION TO SANITARY DEPARTMENT TO BE MADE. Sec. 24:. The JMayor and General Council of said city, at the time ga^itarv as- the annual appropriations are made in May of each year, shall set cessment, apart and appropriate such amount as the probable in come of the city ^p*- ^' ^^^• 1 Time of closing books for tax returns changed by Act of 1896 to March 15. 84 Part I. — Charter. will authorize for sanitary purposes, the same to be expended by the Board of Health of said city for such purposes. Sec. 248. Said Mayor and General Council are hereby authorized to expend and use any excess in the receipts of the city for any year over the amount appropriated for such year : Provided, that such ex- penditure shall in no case exceed the actual cash receipts for such year. Sec. 249. The Mayor and General Council are hereby authorized to rent or lease from any party who may build a suitable market-house or houses in the City of Atlanta, for a term not exceeding fifteen years, at a rate of rental not to exceed eight per cent, on the investment, and are hereby authorized to make such ordinances as are necessary and proper to protect the city in said lease; and, provided, further, that said City of Atlanta be and is hereby authorized to purchase said market or markets at any time during said fifteen years at original cost of said market property. May expend entire re- ceipts. Sept. 18. 1883 Rent limited. CHAPTER XX. TAXATIOX, AXD TAX OFFICERS; OPEXING AXD CLOSING TAX BOOKS: BUSINESS AXD SANITARY TAX ; DISCOUNTS ; INTER- EST ON EXECUTIONS. Section. 250. Authority to levy business tax. 251. May collect property taxes in instal- ments. 252. May provide by ordinance discount for early payments. Section. 253. Delayed instalments bear interest. 254. Street taxes payable, when. 255. Sanitary tax. BUSINESS TAX — OPENING AND CLOSING TAX BOOKS Title. 1889. Taxes, when , and how col- lected. Sec. 250. The Mayor and General Council of said city are author- ized to levy and collect a business tax, as therein provided ; to make a just and proper classification of business for taxation; fixing the time for opening and closing the tax books of said city, and for other purposes therein mentioned- Sec. 251. The taxes due the City of Atlanta on the real estate and personal property of all kinds taxable under the laws of Georgia, and the charter of said city shall be due and payable in three installments. The first installment of twenty-five per centum falling due on the 15th day of April, 1897 ; the second installment of twenty-five per centum on the first day of July in that year ; the third instalment of fifty per centum on the loth day of October in that year, and the installments of taxes as aforesaid shall be due and payable on the same dates in each succeeding year; and executions shall issue for all taxes unpaid on the the fifteenth day of October in each year bearing date the first business day thereafter, and be enforced by levy and collection as heretofore prescribed. Acts of Incorporation. 85 Sec. 252. The Mayor and General Council of the city of Atlanta may, l)y ordinance or resolution, provide for allowing a discount of ^j^^-J^^lj "'^J' one-half of one per cent, on all taxes paid in full for the year at the time the first instalment of the year's taxes is due and payable, and may also in the same manner provide for allowing a discount of one- fourth of one per cent, on all taxes paid in full for the year at the time the second installment is due and payable. Sec. 253. Such unpaid instalments of taxes shall also bear interest interest on un- at the rate of seven per centum per annum from the date that each of J^fents!"^*^'' said instalments is due and payable under the provisions of this Act. Sec. 254. The commutation tax in lieu of road or street duty pro- vided for in said Charter shall fall due with the second instalment of ^''■''' *^'''- property-taxes in each year, and that in case of failure to pay such com- mutation-tax, execution may issue and be enforced as from the 16th day of June in each year, and parties who have not paid said commuta- tion-tax, and who are liable to road duty may be compelled to work the streets in the manner provided for by the charter and ordi- nances of the City of Atlanta at any time after the first day of July in each year. Sec. 255. The Mayor and General Council of said city are hereby authorized to make an assessment of the various lots of land and lot t'axes!''^ owners in said city for sanitary purposes, not to exceed three dollars Act Dec. lo, per annum on each lot assessed, and said Mayor and General Council are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so as- sessed shall be a lien on the lot from the date of assessment. The exe- cutions shall be issued and enforced in the same manner that tax exe- cutions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. Said Mayor and General Council shall have power and authority to prescribe what shall consti- what con- fute a lot for sanitary purposes and assessment, provided no lot shall for "sanitary" be less than twenty-five feet front : Provided, that this assessment ment^^^^*^' provided in this Section shall not be made on vacant lots, and resident lots shall not be subdivided for assessment except where the resident lots have two or more houses used or intended for use as separate tene- ments built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon. Part 1 1. -General Laws. ( PART II. General Laws of the State Havixq Special Reeerence to Cities. CHAPTER XXI. Section. 256. May hold property and money in trust for care, etc., of cemetery lots. 257-260. Railroads subject to city taxes. 261-262. Collection of taxes and assessments. 263. Interest on executions, when. 264. Amending law as to interest on execu- tions. 263-208. Manner of tax sales by municipal corporations. 269-270. May permit closing of alleys. 271-300. Condemnation of private property. 301-307. Providing- for fire escapes or means of egress. 308-312. Nuisances. 313. Concerning Councilmen and Aldermen. 314-315. Concerning Treasurers. 316. Concerning mayors. 317. Minutes admitted in evidence. 318-320. Confederate and other soldiers' free license. Prohibiting dumping of carcasses in streams, page 101. Forbidding white and colored convicts being confined or chained together, page 102. Regulating appointment of peace officers and detectives, page 102. Protecting primary elections, page 102. Whipping bosses for county and municipal chaingangs, page 104. Power of Mayor in cases of emergency, page 105. Forfeiture if license for violation of liquor laws, page 105. General law for incorporating street and suburban railroads, page 106. Authorizing street railroads to sell to and contract with each other, page 107. Renewal or repairing pavements in cities of over 20,000 population, page 107. Conferring police powers on conductors, etc., of street railroads, page 107. :\rAY BE TRUSTEE FOR CEMETERY LOTS. Section 256. From and after the passage of this Act, any person or persons may convey to the Mayor and City Council of any town or ^^j^yg^v'^'i^"^'^ city in this State, any money or property to be held by such Mayor and t™st ^oV^ceme- Council in trust, the corpus or increase thereof to be expended as di- ^^^ ^^^ ^2 rected by such conveyance, in the improvement or preservation and i889. care of such Cemetery, or of the burial lots of such owner therein, and such Mayor and Council shall receive and hold such property and exe- cute such trusts, according to the terms thereof, as other trusts are exe- cuted under the laws of this State, and shall by its Clerk make annual returns to the Ordinary, and shall be entitled to such commissions as are paid to other trustees, but shall not be required to give bond. AN ACT TO MAKE RAILROAD COMPANIES SUBJECT TO MUNICIPAL TAXATION. Section 257. All the property, both real and personal, belonging to railroad companies in this State, which is within the taxable limits Act Dec. 24, of any municipal corporation, shall be and the same is hereby made subject to taxation by the said municipality as fully and as completely 90 Part II. — C4enekal Laws as is the property of other corporations within the said taxable limits. And it is hereby made the duty of the municipal authorities to cause the said property within the said taxable limits belonging to a railroad company, to pay its proper and just pro rata of the said municipal tax- ation. Sec. 258. In addition to the facts required to be shown by the Act of the General Assembly, approved October 16, 1889, entitled "An Act to provide a system of taxation of railroad property in each of the counties of this State, through which said railroad runs, and to provide a mode of assessing and collecting the same, and for other purposes, every railroad company in this State shall at the time of making the return provided for in said Act, also show the value of the company's property in each incorporate city or town through which it runs. Sec. 259. The rolling stock and other personal property of said railroad companies shall be distributed to said municipalities, in the same basis that rolling stock and other personal property are dis- ^^^- tributed to the counties under the provisions of said Act of October 16, 1889 ; that is, as the value of the whole property, real and personal, of the said company is to the value of the property located in the particu- lar municipality, such shall be the amount of rolling stock and other personal property to be distributed for taxing purposes to each munici- pality. Sec. 260. All other provisions of said Act approved October 16th, 1889, be and the same are hereby made applicable to the assessment and collection of taxes of railroads by municipalities upon the property of such railroads located in such municipalities, and upon the rolling stock and other personal property distributed under Section 3 (three) of this Act. collection of taxes and assessments. May issue exe cutions. Section 261. Any municipal corporation in this State shall have full power and authority to enforce the collection of any amount due Act Oct. 19, or to become due to it for paving streets or lanes, or for laying sewers ^^^^' and drains, or for cleaning, repairing privy vaults in such city by exe- whom!^ cution to be issued by the Treasurer against the person or persons or corporation or corporations by whom any such debts may be due or may become due, which executions may be levied by the Mar- shal of such city on the real estate of the owners against Advert'isfr-^"^^' whom such exccutious shall issue, and after advertisement and other proceedings, as in cases of sales for city taxes, the same may be sold at public outcry in manner pointed out in Act of the Gen- eral Assembly, approved February 27, 1877, entitled "An Act to pro- vide for the manner of tax sales by municipal corporations in this State, and for other purposes," and all sales made by such city under execution shall be made subject to the regulations of the said Act as to purchase by said corporation and redemption by owner after sale. ment and sale Affecting Cities ix Geohgia. 91 Sec. 262. The Marshal or collecting officer of said city, as the case Exficutions may he, shall be authorized to transfer and assign any fi. fa. or fi. fas. ^^^^^^'^ '^'""^' is>;ucd for street, sewer or other assessments, in the same manner upon ^gg, th(> same terms, and to the same effect, and vesting the purchaser or transferee with the same rights as in cases of sales or transfer of tax frlfn^^fprol fi. fas. as now allowed by law, and that at all sales of property hereafter made, under execution made in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, shall be authorized to redeem the same within the same time, pro^'p^fy.'"" °^ on compliance with the same terms, and payment of same premiums, interest and cost as in cases of redemption of property where sold un- der tax //. fa. or fi. fas. as now is, or from time to time, may be provided hy law. INTEREST ON EXECUTIONS, WHEN. Section 263. All executions issued for taxes due the State or any county thereof, or any municipal corporation therein, whether issued J^ns'^bear in- on assessments for permanent improvements of streets or sewers of *^'"^*^' said municipal corporations, or otherwise, shall bear interest at the fgsg.^"^'' ^^' rate of seven (7) per cent, per annum, from the time fixed by law for issuing the same : Provided, that this Act shall not apply to taxes or tax fi. fas. issued by any municipal corporation imposing penalties for failure to pay taxes. amending law as to interest on executions. Section 264. The Act approved November 11, 1889, providing that "all executions issued for taxes due the State or any county there- , ^ ^ •' •' Interest on of. or anv municipal corporation therein, whether issued on assessments «?5'="^'±'J J b Authority to cards, or other game of chance for money or other thing of value, or is eject, guilty of any disorderly or improper conduct tending to cause a breach 108 Pakt II. — General Laws of the peace, said conductors, motormen and drivers, either or all of them, are hereby authorized to eject such passengers from the cars, using only such force as may be necessary to accomplish such removal, and the said officers may command the assistance of the employees of the company, and the passengers on such train" of cars to assist in such removal, and said officer may cause any person or persons who violate the provisions of this Act, who commit acts which are in violation of the laws of this State, to be detained and delivered to the proper offi- cers for trial as soon as practicable, and said officers are aiithorized to exercise the police powers hereby conferred at the termini, also of their lines, while on duty either as conductors, motormen or drivers. Approved. Oct. 16, : Part III.— Ordinances. I^ART III. OKDIXAXCES. CHAPTER I. COUNCIL CHAMBEK, SEAL AXD COLORS. Section. 321. Council chamber. 322. Corporate seal. Section. 323. Flags and colors. Sectiois' 321. Xo person shall Ije admitted within the balustrade enclosing the seats of members, during any meeting of the General Council, except members of the body, city officials and newspaper re- porters engaged in reporting proceedings of the General Council, with- Act April 16, out this rule being first suspended, by unanimous consent, upon motion i895. of some member of the body. It shall be the duty of the City ^larshal to enforce the provisions of this ordinance. Sec. 322. The coat of arms, or corporate seal, of Atlanta shall be as follows : It shall be of silver and the size of two and a quarter corporate seal inches in diameter. The device on the front side shall be a picture" of a fabled Phoenix, rising from its ashes, with the inscription, "Re- ^^ ' surgens 184:7-1865," written, cut or engraved thereon, signifying the "rising, ever rising more brightly," and the date a charter was first granted the city and its rehabilitation after the destruction by the Federal army in 1864. The seal shall remain in the office of the City Clerk and not be affixed to any instrument of writing except by order of the Mayor. Sec. 323. The following ?hall be the forms, devices and colors of the Civic Flag, the City Ensign and the Pennant of the City of At- ors^or^lhe^"'" lanta: That the colors in the several forms shall be yellow and blue ^nta.°^ '^*'' of the luu's or tints as expressed upon the pattern, and the exact copy May 5. isoc. of whit-h is liereby directed to be placed on file in the office of tlie Clerk of Council and displayed in public in the City Hall, niarki'd "Approved Colors for the City Flags of Atlanta.'" 112 Part III. — Ordinances. CHAPTER II. Section. 324. First Ward. 325. Second Ward. 326. Third Ward. 327. Fourth Ward. Section. 328. Fifth Ward. 329. SLxth Ward. 330. Seventh Ward. tension, 1890 Division of ex tended limits. Section 324. The City of Atlanta shall be laid off into .^even wards, as follows : Commencing at the center of the crossing of White- hall street, at the Western and Atlantic Eailroad, and running- along the center of the track of the Western and Atlantic Eailroad to the center of Foundry street; thence along the center of Foundry street w^estwardly to the corporation line ; and thence running southwesterly and south along the outer line of said limits to the limits of the Sev- Division of ex- eutli Ward ; thence along the limits of the Seventh ward to where the same intersects with Whitehall street; thence along the center of Whitehall street to the beginning point, shall be known as the First ward. Sec. 325 The line between the First and Second wards shall be Whitehall street to the line of the Seventh ward; thence extending southwesterly along the line of Seventh ward to corporate limits; thence along the corporate limits to Capitol avenue ; and thence along Capitol avenue to Capitol Square; thence along Capitol Square to Hunter street ; thence east along the center of Hunter street to Butler street; thence along the center of Butler street to the Georgia Rail- road; thence along the center of the railroad right-of-way westward to Whitehall street crossing, shall be the Second ward. Sec. 326. Commencing at the junction of Butler and Hunter streets, and running thence along the center of Butler street to the Georgia Railroad; thence east along the Georgia Railroad to the cor- poration line; thence along said corporation line to Capitol avenue; thence along the center of Capitol avenue to Capitol Square, and thence along center of Capitol Square to Hunter street ; thence down the center of Hunter street to the beginning point, which shall be known as and constitute the Third ward. Sec. 327. Commencing at Butler street and Georgia Railroad track and running east along the center of the Georgia Railroad to the corporation line; thence northwardly along the corporation line to Myrtle street; thence back along Myrtle street to North avenue; thence along I^^orth avenue to Butler street ; thence along Butler street to the beginning point on the Georgia Railroad, shall be the Fourth ward. Sec. 328. Commencing at tlie point at whicli Forsyth street crosses the vjiilroad Iraek: thence running along the north side of Western Fourth ward. Division of new extension in 1890. i PaKT III. — ORDINANCES. V Oyc- ^'^^■ and Atlantic Eailroad to Foundry street; thence along Foundry street j.,jj^jj ^^^^ west to the corporation line; thence nortii along the corporation lino back across the Western and Atlantic Eailroad to the center of a street Pendcd"iimitr' known as Apple street (in Peters' subdivision) ; thence along Apple ''*'"'• street to Williams street; thence along Williams street to West Cain street; thence along West Cain street to James street; thence along James street to Forsyth street; thence along Forsyth street to the Western and Atlantic Railroad at beginning point, shall be the Fiftli ward. Sec. 329. Commencing at the point where Butler street crosses the Georgia Eailroad, and running along North Butler street to .sixiu ward. North avenue; thence along North avenue to Myrtle street; thence along Myrtle street to the corporation line ; thence around the corpora- tion line in a westwardly direction to a street known as Apple sti'eet (in Peters' subdivision) ; thence along Apple street to Williams street ; thence along Williams street to West Cain street ; thence along West Cain street to James street; thence along James street to For- syth street; thence along Forsyth street to the Western and Atlantic Eailroad, and thence along the center of the rights-of-way of the West- ern and Atlantic and Georgia Eailroads to the beginning point, shall be the Sixth ward. Sec. 330. The Seventh ward embraces all of the corporate limits of the former City of West End,, as defined in the charter of West ^'^"'«^"*h ^^'■'^- End, and in the Act providing for the annexation of West End to Atlanta. CHAPTEE III. ELECTIONS FOR MAYOR, ALDERMEN AND COUNCILMEN. Section. 331. Annual municipal election. 332. Mayor's election. 333. Voting places. Section. 334. Polls — when opened. 335. Managers— duty. Section 331. The regular annual municipal election of the City of Atlanta shall be held on the first Wednesday in December of each and every year, at which time there shall be elected an Alderman, ortion"'' Aldermen, and one Councilman from each of the seven wards. Sec. 333. At the next election held under the foregoing section of this ordinance,' and bienniallv thereafter, there shall l)e elected a Mayor oi said city. Sec. 333. The voting places for the several wards in this city, 1 Note.— Mayor, Aldermen and Councilmen ineligible by charter to re-election ; and also ineligible to any other municipal office; but Councilmen eligible for Aldermen and vice versa. - When the Mayor is elected, the City Clerk, etc., are also elected by the people. (S) 114 Part III. — Ordinances. Voting places. March 27, 1899. from and after the passage of this ordinance, for all regular, special or other municipal elections, or other elections held by or under the avithority of this city, shall be as follows, or as near the places named below as suitable places for holding the same, can be obtained, to-wit : First Ward — Corner Mitchell and Forsyth streets. Second Ward — Chamber of Commerce Building, corner Pryor and Hunter streets. Third Ward — Corner East Hunter and Fraser streets. Fourth Ward — Corner Wheat and Jackson streets. Fifth Ward — Junction Marietta and Walton streets. Sixth Ward — Corner Peachtree and James streets. Seventh Ward — Corner Lee and Gordon streets. Sec. 334. The polls shall be opened at each of the voting clock a. ]ii., and closed at 6 o'clock p. m., on the day of Polls, when opened, etc. Clerk report to General Council. places at 7 election. Sec. 335. The managers for the several wards shall meet in the office of the City Clerk on the day following the election, at 13 o'clock m., and consolidate the votes cast for each office to be filled; and the Clerk of Council shall report this consolidated return to the next meet- ing of the Mayor and General Council, and it shall be entered on the minutes of that bodv. wliicli shall declare the result of the election. CHAPTER IV. REGISTRATION OF VOTERS. Section. 336. Registration required. .337. Tax Collector made Registrar. 338. Lists close November 25. 339. Register — all who are qualified. 340. Voter's oath. 341. Removals. 342. Tax Collector made City Registrar- ary of. Section. 343. Registration of voters. 344. Books — how long kept open. 345. Only registered persons can vote. 346. Transfer names in case of removs 347. When books close. 348. Consolidated list of voters. 349. Special elections. Registration necessary to vote. Tax Collects to register voters. To be sworn on printed blanks. Section 33G. No person shall be allowed to vote at any nninicipal election in the City of Atlanta, who shall not have qualified and caused himself to be registered as a voter in the manner hereinafter ]irescribed. Sec. 337. It shall he the duty of the Tax Collector of Fulton county or his assistant to register the (|ualili('d voters of said city as they pay their taxes annually. For this purpose, he shall have prepared printed blanks, containing the oath required of voters ])vo- posing to register, in the form prescribed in this ordinance; ami it shall be his duty lo administer to such taxpayer wishing to register the required oath; and tlie voter shall sul)seribe to said oath in the presence of such collector or his assistant, who sliall pivserve all of Part III. — Ordinances. 115 said affidavits, and from them shall compile a book for each ward, pfgg^'/rved ^^ showing the names and residences of the qualified voters for each ^"ade^f^m ward, giving streets and numbers, or if no number, then giving the ^a^^es and streets on each side. If on an alley, giving streets on each side, or ^eswlnce nearest numbers on street in front. i|^sts^° **" Sec. 338. Only the names of those taking such affidavit by the Ljgtg close 25th day of November in each year, shall be placed on the registration ^°''' ^^*^' books as foresaid. Sec. 339. The Collector, or his assistant, shall also register muil- Register aii ified voters taking the prescribed oath, even if they do not pay or offer fled'! ''"' ^"^ '' to pay the taxes of the current year, and place their names on the books of their respective wards, as provided for in the preceding sec- tions. Sec. 340. The oath to be required of voters registering their oath to be re- . . quired of voters names shall be in the form following, to-wit : Georgia^ Fulton County^ City of Atlanta. I, . do solemnly swear that I am a citizen of the United States, that I am twenty-one years of age, that by the first Wednesday in December next, or the date of the election next in order, I will have voters' oath, resided in the State of Georgia one year, and in Fulton county six months next preceding the date aforesaid ; that I am a resident of the City of Atlanta, and that I have paid all legal taxes which have been required of me, and which I have had an opportunity of paying, agree- ably to law since the 21st day of December, 1877, except taxes for the present year ; so help me God. Sworn to and subscribed before me this day of 189—. (Sign here) Tax Collector and Registrar. No , Street Ward Sec. 341. In case of the removal of a voter from one ward to an- other, between the time of registration and the time for voting, it Removals, shall be the duty of the Collector, or his assistant, to change the name of such voter from the book of the ward of his former residence to the book for the ward into which he has removed, at his request. Sec. 342. The Tax Collector of Fulton county is hereby appointed ^^^^^ county and constituted Registrar of voters for municipal elections to be made^cuy''^'"^ ' held hereafter in the City of Atlanta, and his salary as such is fixed at Registrar. $400.00 per annum, payable in quarterly installments. •^"''^ ^' ^*^- Sec. 343. All voters registering for any such municipal elections shall take and subscribe before such Registrar the oath prescribed by section 340 of this Code, such oaths to be made upon slips or blanks prepared in accordance with Section 337 of this Code, and from such slips, said Registrar shall prepare separate books of registered voters 116 Part III. — Ordinances. living in each ward of said city, and upon the closing of such books of registration previous to any election, such Eegistrar shall furnish twenty-five printed lists of such registered voters for each ward to the ^msh^printed Clerk of the Council, for use of Managers of election, which lists shall ^'®*^^- be furnished at least two (2) days prior to any such election, at the expense of the city. All voters eligible for registration shall have the right of registration, not only at the time of paying taxes, but upon taking the prescribed oath at other times, as provided for by Sections 337 and 340 of this Code. Sec. 344. The books for such city registration shall be kept open Books how long Until and including the 25th day of November in each year, and then kept open. closcd, as provided for in section 338 of this Code, but in case of spe- cial elections to fill vacancies, or on the issue of bonds, or otherwise, such books of registration shall be kept open until ten days before the date of such election, and then closed. Sec. 345. No person shall be authorized or permitted to vote in Only persons any general or special election ordered in said city unless duly regis- reg^steie can ^^^^^ -^ ^|^g books herein authorized to be kept, and all persons so reg- istered shall be authorized and permitted to vote in any election unless challenged and rejected for legal cause, at any election. Sec. 346. The transfer of a voter's name, in case of removal from Voters may be one Ward to another in said city, shall be made by such Eegistrar, pro- transferred, P 1 • /^ T When. vided lor by section 341 of this Code. Sec. 347. The books for registration of voters shall be kept open during office hours of the Tax Collector : Provided, that the books for Wlien books ° closed. registration shall not be kept open on Sunday, and shall not be closed earlier than 9 o'clock p. m., on the last six days and shall not be closed more than ten days before any election in which registration is re- quired. Sec. 348. It shall be the duty of the registrar of voters for the city Consolidated ' ^° cousolidatc the names of the voters for each ward, and then count ''^'*- the numbers of registered voters and certify the same for each ward to Oct. 10, 181)0. ^jjg Mayor and General Council at the first meeting after the close of each registration, and it shall be entered on the minutes of the Council. Sec. 349. No person shall be allowed to vote in any election to fill a Election to vacaucy, or for other purposes, unless his name appears properly reg- flii vacancy. jgtered, qualifying him to vote at the last regular municipal election, aj 1, 1882. ^^ unless he shall have registered before such election to fill vacancy. Part III. — Ordinances. 117 CHAPTEE V. MAYOR — MAYOR TRO TEM. Section. 350. Location of office. 351. Use. 352. Pardoning. 353. Heads of departments meet at noan ev- ery Saturday. Section. 354. Mayor may call meeting. 355. Approval of Mayor. 356. Mayor's secretary. 357. Mayor pro tem. 358. Elections by General Counci Section 350. The Mayor shall keep his office at some central point of the business portion of the city, and shall have for his office , •^ •' ' Location. hours such times of the day as he may designate, to be not less than three hours each day (except Sunday), during which hours, save in the event of Providential hindrance, or absence from the city on offi- cial business, he shall be present at said office. The rent of said office shall be paid by the city. Sec. 351. The office of the Mayor, in the business portion of the ^ge city, may be used by the City Treasurer, if that officer so desires, and by various committees of Council. Sec. 352. The Mayor, or, in his absence or inability, the ]\Iayor Pardonine: pro tern., shall be authorized upon a proper case made and in his dis- p°'''^''' cretion, to remit a portion or all of the penalty imposed by the Re- ^'"' ^' ^''*®^" corder for violations of city ordinances : Provided, if the fine in any u $50 or less case be fifty dollars or less, or the sentence to imprisonment for less recommend«i than "thirty days, the Mayor shall hot entertain any application for ^ executive clemency, unless the petition for pardon is accompanied by ^^ "'■ a written recommendation from the Recorder or court trying the case. Sec. 353. The heads of the various departments of the city gov- ernment, unless excused by the Mayor, shall meet in the Mayor's office ev^y &^aturX°y" every Saturday at noon for the purpose of discussing and determining June o, isoo. the work to be done bv each department the following week. The „ ^_ ■ ^ ^ Mavor to set- Mayor shall preside, and in case of disagreement among the heads the tie differences. Mayor shall decide between them. Sec. 354. The Mayor shall have power to call a meetino- of the„ •' ^ o Mayor may heads of the departments at any other time that he may deem neces- ""^^^ meeting, sary for the interest of the city. Sec. 355. It shall be the duty of the Mayor, or acting Mayor, to Approval transmit to each meeting of the General Council his official approval °^ ^^•^■°''- or disapproval of all ordinances, resolutions or other actions of the **^^ ^'' ^^^^• General Council at the preceding regular and special meetings of such General Council. Sec. 356. Authority is hereby conferred upon the Mayor of ap- Mayor's sec- pointing in his discretion, a Secretary for the Department of Mayor, ^^^^^- at a salary not to exceed one thousand dollars per annum, whose duties, IW^^^-' '''' besides those as Secretary to the Mayor, shall be such as are now per- formed by the Messenger, and in addition such other duties as may. 118 Part III. — Ordixaxces. Messenger abolished. August 18, 1884. from time to time, be designated by the Mayor. The office or position known as Messenger is hereby abolished. Sec. 357. The General Council shall, at the first meeting in Janu- ary of each year, determine by viva voce vote which Alderman shall be elected Mayor pro tern. Sec. 358. In all elections by the General Council the vote shall be taken viva voce on the call of the roll by the clerk, and shall be en- tered on the minutes of the General Council. CHAPTEE VI. COMMITTEES. Appoint- ment of com- mittees. Section. 366. Manufactories. Freight Rates Transportation Committee. 367. Improvements Committee. 368. Committeemen must sign reports. 369. Absence to be reported. 370. Prison Committee. 371. Telepliones — liow distributed. Section. 359. standing Committees. 360. Tax Committee. 361. Electric and Otlier Railroads Committee. 362. Electric Lights, Telegraph and Tele- phones Committee. 363. Finance Committee. 364. Bridge Committee. 365. Minutes Committee. Sectiox 359. The- Mayor shall appoint from the members of the General Council the following Standing Committees, for the pre- paring and considering of business for the action of Council, to whom may be referred such business as the General Council may deem appro- jjriate, viz : Committee on Pinance— seven members. Committee on Ordinances and Legislation — five members. Committee on Streets and Sidewalks — seven members. Committee on Electric and other Kailroads — five members. Committee on Relief. Committee on Fire Department. Committee on Police. Committee on Cemetery. Committee on Electric Lights, Telegraphs and Telephones. Committee on Public Buildings and Grounds. Committee on Tax — five members. Committee on Public Schools. Committee on Printing. Committee on Sewers and Drains. Committee on Water Works. Committee on Contested Claims and Litigation. Committee on Parks. Committee on Sanitary Affairs. Committee on Salaries. Committee on Manufactories, Statistics, Freight Rates and Trans- portation — five members. Part III. — Ordinances. 119 Committee on Bridges — three members — and this committee shall have charge of the execution of the work of Jaulding and repairing bridges. Committee on Prisons. Committee on Public Improvements. Committee on Minutes. Board of Fi remasters. Sec. 360. From and after the 1st day of January, 1893, the stand- ing committee of the General Council on the subject of taxation known mittrc. as tlie Committee on Tax, shall be composed of five members of tlie December 23, ' ^ 1892. General Council, to be appointed as other standing committ(>es are appointed. Sec. 361. In lieu of the Committee on Electric Lights and Street Railroads now provided for the Mayor shall, beginning with tlie year [,'^""j"j"^?, 1893, appoint a standing committee of five members from the Glener-and^other al Council to be known and designated as the Committee on Electric and other Railroads. Sec. 362. The Mayor shall also, beginning with the year 1893, appoint a standing committee of five members from the General Coun- on"eTectHc cil to be known as the Committee on Electric Lights, Telegraph and ^^^^^^' ''^''■ Telephones. Sec. 363. From and after the 1st day of January, 1893, the Fi- nance Committee, to be appointed by the Mayor in accordance with fommhtee. the provisions of Section 359 of this Code, shall consist of seven mem- bers of the General Council instead of five members, as heretofore. Sec. 364. A new standing committee of the General Council shall be appointed by the Mayor, with the standing committees heretofore provided for by ordinance. This new committee to be composed of three ^""''"■*' members of the General Council, and to be known as the Committee on Bridges ; and to this committee shall be referred all ordinances, reso- lutions, petitions, etc., relative to the erection, maintenance and con- dition of the bridges built or to be built in the city. Sec. 365. A new standing committee is created to be known as Committee the Committee on Minutes, which shall be composed of three mem- on Minutes, hers, of- whom at least two shall read the minutes of the Council after January 1, each regular or special meeting, before the next regular meeting of the General Council. Sec. 366. The standing committee on Manufactories and Statis- oa'",""nu-'^ tics shall be hereafter laiown as the Committee on Manufactories, Sta- f^'^**'"^*' ^*^- tistics. Freight Rates and Transportation. Said Committee shall con- f/o?"''" '^' sist of five members. J^lT'^'-' ''' Sec. 367. A new standing committee is hereby created, which shall be known as Committee on Improvements, which shall have Jan. iv, 1894. charge of all heavv excavations and grading to be done in the Citv of 120 Part III. — Ordin^an^ces. Reporti sign." Atlanta, and shall consist of four members of Council, one member of the Aldermanic Board and the Chairman of the Street Committee. • Sec. 368. Each member of the different standing committees is hereby required to sign his name in person to all reports of said com- mittee to the General Council. Sec. 369. In case of the absence of any member of the commit- tee so reporting it shall be so stated when the Chairman makes his report. Sec. 370. A new standing committee of the General Council is Prisons. hereby created, to be known as the Committee on Prisons, which shall July IS, 1894. be charged with the duty of investigating the condition of the City Prisons and reporting thereon, with such recommendations as to changes, reform, etc., as they may deem expedient. Sec. 371. The location and distribution of telephones to be fur- nished the several departments of the government of the City of At- lanta by the Southern Bell Telephone Company, or any other company. Ordinance to locate and ephones in City on accouut of the City of Atlanta be, and is hereby placed under the supervision of the committee of the General Council on Electric June 24, 1897. ^ Lights, Telephones and Telegraphs, subject to final action by the Mayor and General Council when deemed necessary. CHAPTER VII. commission — SIXKIXG FUND. Section. 372-374. Preamble. 375. Five members — three elective — Mayor and Chairman Finance Committee ex- oflScio. 376. Terms of office — vacancies — how Ijlled. 379. Clerk of Council to keep records. 377-378. Duties of Commission. Section. 380. Accretions to fimd. 381. Amendable — how. 382-384. Preamble. 385. $5,000 annually set aside. 386. Bonds — how paid off. 387. Addition to previous fund. Section 372. Whereas^ The Constitution of Georgia requires municipal corporations issuing and selling their bonds after the adop ing authority tiou of Said Coiistitution, to Create a sinking fund for the pavment to create a o i . sinking fund commission. March 6, J899. of the principal of said bonds; and Sec. 373. WHEREASyThe law of Georgia, as published in Sections 758 to 761, inclusive, of the Code of 1895, Volume I, empowers a city to create a commission for the management of sinking funds ; and Sec. 374. Whereas, In the judgment and discretion of the Mayor and General Council of the City of Atlanta, it is desirable and proper to create a sinking fund commission for tlie City of Atlanta; there- fore. Sec. 375. A sinking fund commission for the City of Atlanta is hereby created, in conformity to the law of the State cited in the pre- amble of this ordinance, which commission shall be composed of three Part III. — Ordinances. 121 freenolders of the City of Atlanta, and of which the Mayor and ^'^"^^^^'^^^^ *„"{ Chairman of the Finance Committee shall be additional and ex-ofTicio '.rgf^he^Mat-or rr>QT>iK o . $5,000.00 to- through succeeding vears until and including the vear 1922, the sumgether \^rith aii ^ '=' -^ o .; ^ sa\angs of in- of $5,000.00 shall be placed in a sinking fimd, and kept there, together terest to be ' ^ o 7 1 7 o annually plac- witli all savings on account of interest on the bonded debt of the Citv f*^ i" sinidng o ' fund. of Atlanta, resulting from the refunding of such bonded debt, or any portion or portions thereof, in redemption bonds of said city, bearing a lower rate of interest than was -paid on the bonds refunded, it being estimated that such savings will average during the series of years aforesaid, the sum of $33,700.00 per annum. Sec. 386. It shall be the duty of the Mayor, City Comptroller, ' Treasurer and the Finance Committee of the General Council to pay ?rrto^°be Vict from the sinking fund so provided for, the principal of each and every °*' series of bonds of the City of Atlanta issued under authority of the Constitution of 1877, and laws pursuant thereto, as such bonds ma- ture. Sec. 387. The sinking fund hereinbefore provided for shall be in additioTto pre- addition to those heretofore created and at present maintained. funds. ^^° ^°^ .January 21, 124 Part III. — ORDI^^ANCES. CHAPTER YIII. BONDS OF THE CITY. Section. 389. One hundred thousand dollars authorized. 390. Two hundred thousand dollars author- ized. 391. Declares valid previous issue. 392. Air-Line bonds, $300,000. 393. Capitol purchase, $100,000. 394. Mayor to deliver. 395. One hundred thousand dollars authorized. 396. One hundred thousand dollars authorized. 397. Redemption bonds, $18,000. 398. Redemption bonds, $52,000. 399. To meet maturing bonds. 400. Redemption bonds, $77, -500. 401. To meet maturing bonds. 402. To meet floating debt, $385,000. 403. How prepared and issued. 40*. Form of bond. 405. Authorizes $68,500. 406. Form and disposition of. 407. $55,000 6 per cent, bonds. 408. Finance Committee to sell. 409. $52,000 6 per cent, bonds. 410. Treasurer's signature lithographed to coupons. Section. 411. $116,500 8 per cent, bonds authorized. 412. $25,000 redemption bonds, 6 per cent. 413. $25,000 41/^ per cent, redemption bonds. 414. $25,000 41^ per cent, redemption bonds. 415. $100,000 4 per cent, redemption bonds. 416. $25,000 6 per cent, bonds. 417. $40,000 i per cent, redemption bonds. 418-426. $250,000 4 per cent, new water bonds. 427-434. $182,000 4 per cent, water bonds. 435. $140,000 414 per cent, redemption bonds. 436-441. .$500,000 4'^ per cent, water bonds. 442. $149,000 4% per cent, redemption bonds. 443. .$40,000 redemption bonds. 444-449. Calling water bond election. 450-466. $182,000 4 per cent, water bonds. 467-469. $50,000 4V2 per cent, redemption bonds. 470-471. $50,000 4 per cent, redemption bonds. 472-473. $74,000 4 per cent, redemption bonds. 474-479. $300,000 4 per cent, refunding bonds. 480- 482. 275 bonds to be sold. 483-487. Coupon bonds— how registered. $100,000 au- thorized. Where pay- able. How signed. Section 389. The Mayor is hereby authorized to issue, in the name of the Mayor and Council of the City of Atlanta, bonds, in convenient amounts (not less than five hundred dollars), not to exceed in the aggregate one hundred thousand dollars, which are to be due as fol- lows : Thirty-three thousand in fifteen years after date, and the bal- ance in twenty years after date, and are to be payable at the National Park Bank, New York City, with interest at the rate of eight per cent, per annum, payable semi-annually at the same place; which bonds shall have attached to them coupons or interest warrants, and be signed by the Mayor and countersigned by the City Treasurer, and have the corporate seal of said Mayor and Council attached to tliem, and said coupons shall be signed by the City Treasurer. The City Treasurer shall number said bonds and keep a register of them, and return the same to the Clerk of Council, who shall record the same. Said Mayor is hereby authorized to put said bonds, or any of them, on the market and sell them for what he can get for them, and place the proceeds in the hands of the City Treasurer. $200,000 au- thorized. Sec. 390. The Mayor is hereby authorized to issue, in the name of the Mayor and Council of the City of Atlanta, bonds in convenient amounts (not less than five hundred dollars), not to exceed in the aggregate two hundred thousand dollars, which are to be due at any time not less than fifteen nor longer than twenty-five years from the dales thereof, in the discretion of said Mayor, and are to be |)avable Pakt Tir. — Oj{dinances. 125 -, with interest at the rate of eight per cent, per annum, pay- able semi-annuall}' at the same place, which bonds shall have attached to them coupons, or interest warrants, and be signed by the Mayor and countersigned by the City Treasurer, and have the corporate seal of the said Mayor and Council attached to them, and the said coupons shall be signed by the City Treasurer. The City Treasurer shall num- ber said bonds and keep a registry of the same, and return the same Registry, to the Clerk of Council, who shall record the same. Said Mayor and Council are hereby authorized, by resolution, to put said bonds, or any of them, through an agent or otherwise, on the market, and dis- pose of the same, and place the proceeds in the hands of the City Treasurer. (Another ordinance, similar to the above, was passed on the same day, for the same amount.) Sec. 391. Whereas, The Legislature of the State did, by an Act approved March 12, 1866, amend the several acts incorporating the J,!'ror*^°in*^'^* City of Atlanta, by conferring full power and authority on the ]\Iayor "^"^ '^''"®- and Council of said city to issue and negotiate bonds for certain pur- poses therein named ; and whereas, the said Mayor and Council did, on the 16th day of March, 186G, under and by virtue of said Act, adopt an ordinance authorizing the Mayor in the name of the Mayor and Council of the City of Atlanta to issue and negotiate bonds, in convenient amounts (not less than five hundred dollars), not to ex- ceed ill the aggregate one hundred thousand dollars, to fall due at different times, therein specified; and whereas, by inadvertency the said Mayor and Council, under said ordinance, have issued and nego- tiated bonds in excess of one hundred thousand dollars, as limited in said ordinance; Be it therefore ordained hij the Mayor and Council of the City of Atlanta, That all bonds issued and negotiated under and by virtiie of Legalizes said Act of the Legislature and the ordinances aforesaid, be, and the same are hereby, legalized and declared valid. Sec. 392. The City of Atlanta subscribes the sum of three hundred November thousand dollars in city bonds, bearing seven per cent, interest, to the R^soSn, stock of the Georgia Air Line Railroad, in lieu of all other subscrip- Raiiroal bonds, tions, at such times and in such sums as may be called for by the f^^'^i. ' directors of said company. Sec. 393. The Mayor is hereby authorized and required to issue, in the name of the Mayor and Council of the City of Atlanta, one hun- ftett^capUoi. dred bonds, of one thousand dollars each, to be due and payable twenty |e'?''cent. ' years f rom Ihe first day of July, 1870, and to bear interest at the rate Aug. 29, isro. of seven per cent, per annum. ])ayable semi-annually, on the first day of January and July in evi'ry year, at the National Park Bank, in the City of Xcw York, wliidi bonds shall liave attached to them cou- 126 Part III. — Ordinances. pons or interest warrants, and be signed by the Mayor and counter- signed by the City Treasurer, and have the corporate seal of the Mayor and Council attached thereto ; the coupons shall also be signed by the City Treasurer, who shall number, register, and return said bonds to the Clerk of Council to be entered on record. Sec. 39-1. The Mayor is hereby authorized to deliver said bonds to the person authorized to receive the same, in pursuance of the con- tract of purchase of the State Capitol. Sec. 395. The Mayor is hereby authorized and required to issue in the name of the Mayor and Council of the City of Atlanta, one hundred bonds, of one thousand dollars each, to be due and payable thirty years from the first day of July, 1871, and to bear interest at the rate of eight per cent, per annum, payable semi-annually, on the first days of January and July in every year, at the National Park Bank, in the City of New York, which l)onds shall have attached to them coupons, or interest warrants, and be signed by the JNIayor and countersigned by the City Treasurer, and have the corporate seal of the Mayor and Council attached thereto. The coupons shall also be signed by the City Treasurer, who shall number, register and return said bonds to the Clerk of Council, who will enter the same on record. The Finance Committee are hereby requested to have the bonds exe- cuted and placed to best advantage as early as practicable. Issued by Act of the Legislature, approved March 12th, 1886. The above bonds when issued, are to be applied t(j the payment of the floating debt. August 24, 1871, $100,000 authorized. Floating debt bonds. Act March 12, July 12, 1872, $100,000 20 per cent. twenty years bonds author- Sec. 396. In accordance with the power granted to them in Sec- tion 87 of the City Charter, the Mayor is hereby required to issue, in the name of the Mayor and Council of the said City of Atlanta, bonds to the amount of one hundred thousand dollars, which shall be due twenty years after date, and payable at the National Park Bank, New York City, or at the City Treasurer's office, in the City of Atlanta, as the Mayor and Finance Committee may determine. Said bonds shall bear interest at the rate of eight per cent, per annum, payable semi- annually, at the same place, which bonds shall have attached to them coupons or interest warrants, and be signed by the ]\Iayor and coun- tersigned by the City Treasurer, and have the corporate seal of said Mayor and Council attached to them, and said coupons shall be signed by the City Treasurer. The City Treasurer shall number said bonds, and keep a register of them, and return the same to the Clerk of Council, who shall record the same. Said bonds shall be sold undei- the joint direction of his Honor the Mayor and the Finance Com mi t- tee, at the best rates they can get, they depositing the proceeds ol' the same with the City Treasurer, to be used For I he ])iir]>ost' of i»;iying oil' a part of the floating debt of the city. That three thousand ($;i.O(H)) doHars of citv bonds be issued and loaned to Hook and Ladder Com- Paut it I. — Ordinances. 127 pany No. 1, the samo to Ik; .secured by mortgage on the tnick-liouse and lot of said company. Sec. 397. The Mayor is hereby authorized to issue eighteen thou- sand dollars in eight per cent, twenty-eight year bonds, to take the cent, bond^?"" place of eighteen thousand dollars outstanding bonds. Sec. 398. The Finance Committee are hereby authorized and em- powered to prepare and have issued fifty-two thousand ($52,000) ^01-1^^'°°°^,^^^)^®"" lars of coupon bonds of the City of Atlanta, in sums of one thousand i'^^iggl!^*^'"^^'" dollars each, said bonds to be signed by the Mayor and Treasurer, and countersigned by the (*lerk of Council, who shall affix the seal of the city thereto. Said l)onds shall be payable ten years after September 1st, 1875, at the Treasurer's office, in the City of Atlanta, and shall bear ten per cent, interest per annum, which shall be paid Dy semi- annual coupons to be attached to each of said bonds ; said coupons to be signed by the City Treasurer,, and to be payable at the National Park Bank, in New York City, or at the City Treasurer's office in Atlanta. Said bonds to be non-taxable by the city so long as the same are outstanding, and no part of said issue shall be sold for less than par. Sec. 399. Said bonds are issued to meet maturing and outstanding bonds of the city which will fall due September 1st, 1875, to-wit : One standins bonds hundred and fifty bonds of five hundred dollars each, issued by virtue ■^ ' ' $75,000 author- of an ordinance passed August 18th, 1865, and the Finance Commit- ized August 18, 1865. tee are hereby authorized to sell said bonds, or a sufficiency thereof, to meet said maturing bonds as early as practicable, and the proceeds of the sale of the bonds authorized by this ordinance shall be used for the purpose of meeting said maturing bonds and no other. Sec. 100. The Finance Committee are hereby authorized and em- powered to prepare and have issued fifty bonds of one thousand dol- bond^^r?" lars each, and fifty-five bonds of five hundred dollars each, of coupon twenty >" ars bonds of the City of Atlanta, amounting in all to seventy-seven thou- 1^1877, '^s^per sand five hundred dollars, said bonds to be signed by the Mayor and Treasurer and countersigned by the Clerk of Council, who shall affix the seal of the city thereto. Said bonds shall be payable in twenty years after the first of January, 1877, at the Treasurer's office, in the City of Atlanta, and shall bear eight per cent, interest per annum, which shall be paid by semi-annual coupons to be attached to each of said bonds, and said coupons to be signed by the City Treasurer, and to be payal)le at the City Treasurer's office in the City of Atlanta. Said bonds to be non-taxable by the city. Sec. 401. Said bonds are issued to meet maturing and outstanding r^^ ^^g^^ ,„.,. bonds of the city which fall due January 1st, 1877, to-wit : 5 Chat- *"""^ ''^"'''• tahoocheo Bridge bonds of $500.00 each, passed by virtue of an ordi- is7o. 128 Part III. — Ordinances. nance October 24th, 1856, and 75 Fair Ground bonds, $1,000.00 each, passed by virtue of an ordinance March 7th, 1870, and the Finance Committee are hereby authorized to sell said bonds to meet said ma- turing bonds, and the proceeds of the sale of the bonds authorized by this ordinance shall be used for the purpose of said maturing bonds, and no other. Said ordinance being in full conformity with an act passed by the General Assembly of Georgia, February 28th, 1874, and embraced in Section 32 of the City Charter of Atlanta, Georgia. Bonds to be prepared amounting to $385,000, 6 per cent. October 1, 1879. Act Aug. 22, 1879. Denomina- tions. Rate of inter- est. How payable. Bonds — when due. Non-taxable by the city. Payment to be provided for by taxation. Coupons. Must sell for par. Finance Com- mittee shall sell. I'roceeds to pay floating debt. One bond of each de- nomination to be retained. Sec. 402. The Finance Committee are hereby instructed to have prepared for issuance bonds of the City of Atlanta to the amount of three hundred and eighty-five thousand ($385,000) dollars, to be of denominations as follows : Two hundred bonds of two hundred and fifty dollars each, making fifty thousand dollars; four hundred and seventy bonds of five hundred dollars each, making two hundred and thirty-five thousand dollars ; one hundred bonds of one thousand dol- lars each, making one hundred thousand dollars. Said bonds to bear date October 1st, 1879, (which is as soon as the same can be pre])ared) . and shall bear six per cent, interest, payable by semi-annual coupons, except one coupon to each bond for three months, to- wit : from the 1st day of October, 1879, to 1st day of January, 1880. Twenty-five thou- sand dollars in amount of said bonds shall fall due January 1st, 1886, and an equal amount on the 1st of January of each of the immediately succeeding four years. Forty thousand dollars on January 1st, 1891, and an equal amount on the 1st of January of each of the immediately succeeding three years. Fifty thousand dollars on the 1st of January, 1895, and fifty thousand dollars January 1st, 1896. Said bonds shall be non-taxable by the city, and the Mayor and General Council shall provide each year by taxation for the payment of the principal and interest of the said bonds as the same shall fall due. Said bonds shall be signed by the Mayor and Treasurer and countersigned by the Clerk of Council, who shall affix the city seal to eacli bond, and the said Treasurer and said Clerk shall each keep in their respective offices a complete record of said bonds as signed aforesaid. The name of the City Treasurer shall be lithographed to each coupon. The city shall not sell said bonds or any portion of them below par. Sec. 403. After said bonds have been prepared in accordance witli the foregoing section, the Finance Committee shall proceed to sell the same, and the proceeds shall be immediately used, as said bonds are sold, in paying off the present floating debt of the city, and for no other purpose whatever. Tne Finance Committee shall report to each reg- ular meeting of the Council the sale of bonds made up to the date of each report, the date of sale, amount of each special sale, and price at which sold. The Finance Committee shall caiisc to be preserved in the Treasurers office, unsigned, one bond of each donomiiialicMi for Part III. — Oudinaxces. 129 future identification, which bond shall have the proper place for sig- nature so punched as to prevent use of the same. Sec. 404. Said bonds shall have the following form : ' State of Georgia — City of Atlanta. FUNDING bond. Issued to pay off the floating debt. The City of Atlanta, in the State of Georgia, hereby acknowledges itself bound and indebted to the liolder hereof, in the sum of dollars, for value received, which said city hereby promises to pay, at the ISTational Park Bank, in the Form of City of New York, or at the Treasurer's office, in the City of Atlanta, on the day of with interest at the rate of six per cent, per an- num, payable on presentation and surrender of semi-annual coupon, and one three months' interest coupons hereto attached, at said bank or Treasurer's office. This is one of the series of bonds issued in pur- suance of an ordinance adopted by the Mayor and General Council of the City of Atlanta, September 1st, 1879, in pursuance of, and in con- formity to, an Act of the General Assembly, approved August 22d, 1879, which authorizes the City of Atlanta to issue bonds to the amount of three hundred and eightj'-five thousand dollars, to fund the floating debt of said city, and is non-taxable by the city. For the pay- ment of the principal and interest of said bonds, the faith and credit of the City of Atlanta is hereby irrevocably pledged. In testimony whereof the Mayor and General Council of the City of Atlanta, have caused this' obligation to be signed by the Mayor and Treasurer of said city, and required the Clerk of Council to countersign the same and affix the seal of the city thereto. Sec. 405. The Finance Committee is instructed to have prepared at once sixty-eight thousand five hundred dollars coupon bonds as fol- Authorized lows : Sixty-eight bonds of one thousand dollars each, and one bond 5 per cent., of five hundred dollars ; said bonds to be due thirty years after date. i9ii- To bear date July 1, 1881, and due July 1. 1911. Coupons payable J^'r i- i8«i- semi-annually first of Jiily and first of January, to bear interest at the rate of five (5) per cent, per annum. Bonds and coupons payable in New York, or Treasurer's office in City of Atlanta, and to be free from all city taxes. Bonds to be signed by the Mayor and Treasurer, and countersigned by the Clerk of Council, affixing thereto the seal of said city. Sec. 40G. The coupons attached to bonds to be signed by the Treas- y^^,^^^ ^^^ urer of the city. The above bonds to be sold and the proceeds applied ^'isposition to the redemption of the following bonds falling due July 1, 1881, pav- able at the National Park Bank, New York. Forty-two (42) bonds one thousand dollars each, and fifty-three (53) bonds five hundred dollars each, all dated May 15, 1866. bearing interest at eight per cent., i9, 130 Pai;t ITT. — Ordin'axces. City bonds, for $55,500 a per cent. Act Sept. 20, 1883. January 1, 1884. Due in tliirty years. How signed. Where paya- ble. To sell. October To be paid the State of Georgia on account new Capitol. $52,000, re- demption bondr 6 per cent. July 6, 1885. Due in thirty years. amounting in all to sixtA'^-eight thousand five hundred ($68,500) dol- lars. Sec. 407. The Finance Committee are hereby instructed to h.a\c prepared for issuance bonds of the City of Atlanta, to- wit : One hun- dred and eleven bonds of the denomination of five hundred dollars each, making fifty-five thousand five hundred dollars. Said bonds shall bear date, January 1, 1884, and shall bear six per cent, interest, payable by semi-annual coupons, viz : First of January and July each year, and shall be due thirty years from date. Said bonds sail be non- taxable by the city, and the Mayor and General Council shall provide by taxation for the payment of the interest coupons, and for the pay- ment of the principal of the said bonds when the same shall mature. Said bonds shall be signed by the Mayor and Treasurer, and counter- signed by the Clerk of Council, who shall affix the seal of the city to each bond, and the said Treasurer and said Clerk shall keep in their of- bond, and the said Treasurer and said Clerk shall keep in their offices fices a complete record of said bonds as signed. The name of the City Treasurer shall be litliographed to each coupon, and said coupons shall be made payal)le in Atlanta and Xew York. Said bonds or any portion of them shall not be sold below par. The said bonds shall be of such form as the Finance Committee may direct, and shall be made payable in iVtlanta or ISTew York. Sec. 408. After said bonds have been prepared in accordance with the foregoing section, the Finance Committee shall proceed to sell the same, and the proceeds of such sale shall be immediately paid to the proper representative of the State of Georgia, in compliance with the agreement heretofore made by the City of Atlanta to pay the said State of (icorgia the value of the old capitol Imildings at Milledgeville, or ])e used in replacing bonds already appointed for such, in the event said contract should have to be complied with before the above bonds can 1)0 sokl, and for no other purpose whatever. Sec. 40!). The Finance Committee is instructed to have prepared at once fifty-two tliousand dollars of coupon bonds, as follows : Fifty- two bonds of one thousand dollars each, or that amount in such other denominations as the committee may think best ; said bonds to be due in thirty years after date, and to bear date of September 1, 1885, and t\\\i' S('])tcinh('r 1, 1!»1."). The coupons payable semi-annually, 1st of .hilv and 1st of -lanuary, to bear interest at not more than six per cent. jxT aiinuni. Said bonds and coiiitons |o \)v ])ayal)le in Xew York Cit\-. or a( the 'I'rcasurei-'s ollii-c in the City of .\tlanta. and to he free from citv taxes. Said bonds to he signed by the iMayor and Treasurer and countersigned by the Clerk of Council, atlixing thereto I he seal of said city. 'I'he coupons attached to said bonds to he signed by the Treasurer of said city. Said bonds are to he sold and the )vro- ceeds applied to the redemption of fifty-two bonds of said city for one Part III. — Okdixances. 131 thousand dollars each, falling due September 1, 1885, and dated Sep- tember 1st. 1S75, bearing interest at the rate of ten per cent, per an- num. SiX'. 410. The ordinance adopted by this bodv July (Jtli instant, authorizing the issuance of fifty-two thousand dollars redemption J^^J^|"^^'"'^e bonds, is amended in the following particular. That the clause in ',o''c?uponI^to said ordinance requiring the coupons to said bonds to be signed by the bonds.^''°" Treasurer be changed so as to require that said coupons have the signa- jui^ 20, i885. ture of the City Treasurer lithographed thereon, instead of his sign- ing same. Sec. 411. The Finance Committee i.'^ instructed to have prepared one hundred and sixteen thousand live hundred dollars of coupon sii6,.5oo coupon lx)nds, as follows : Eighty-nine bonds of one thousand dollars each, February 1, and fiftv-five bonds of five hundred dollars each, or such other denom- Due in thirty .years. inations as the committee may think best ; said bonds to be due in " thirty years after date, and to bear date of July 1, 1886, and due July 1, 1910. The coupons payable semi-annually, 1st July and 1st Jan- uary, for the interest at not more than five per cent, per annum. Said bonds and coupons to be payable in Xew York City, or at the Treas- urer's office in the City of Atlanta, and to be free from city taxes. Said bonds to be signed by the Mayor and Treasurer and counter- Redemption, signed by the Clerk of Council, affixing thereto the seal of the city. The coupons attached to said bonds to have the name of the Treasurer lithographed thereon. Said bonds to be sold under the direction of the Finance Committee, and the proceeds applied to the redemption of 89 bonds of $1,000.00 each, and 55 bonds of .$.500.(10 each, aggre- gating $116,500 (one hundred and sixteen thousand five hundred dol- flsT''''^ ^' lars) falling due .htly 1. 1S8(). and dated May 15. 1866. ])oaring inter- est at the rate of eight per cent, per annum. Sec. 41"2. The Finance Committee is instructed to have prepared twenty-five thousand dollars of coupon bonds, as follows : Twenty- ^ ^ . five bonds of one thousand dollars each : said bonds to be due and pay- ^^"<^^ demption bonds 30 years, m per cent. December 28, due January 1, 1917, the coupons to be payable semi-annually on the ^^^'^■ 1st January and 1st July for the interest on same at four and one-half (4I/2) per cent, per annum. Said bonds and coupons to be payable in New York City, or at the Treasurer's office in the City of Atlanta, and to be free from city taxes. Said bonds to be signed by the Mayor and Treasurer, and countersigned by the Clerk of Council, affixing Finance com- thereto the seal of the city. The coupons attached to said bonds to ^'"ot less**" have the name of the Treasurer lithographed thereon. Said bonds to *''"" ^"' be sold under the direction of the Finance Committee, and the pro- ceeds applied to the redemption of one hundred bonds of two hundred and fifty dollars each, aggregating twenty-five thousand dollars, known 132 Part III.— Ordhstaxces. as funding bonds, falling due January 1, 1887, and dated October 1, 1879, bearing interest at the rate of six (6) per cent, per annum. Said bonds to be sold at not less than par. $25,000 re- demption bonds. Thirty years, 4% per cent. Novenaber 7, 1887. Finance Com- mittee to sell at not. less than par. Sec. 413. The Finance Committee is instructed to have prepared twenty-five thousand dollars of coupon bonds as follows : Fifty bonds of five hundred dollars each; said bonds to be due and payable in thirty years after date and to bear date January 1, 1888, and due Jan- uary 1, 1918; the coupons to be payable semi-annually on the 1st July and January for interest on same at four and one-half (414) per cent, per annum. Said bonds and coupons to be payable in aSTew York, or at the Treasurer's office in the City of Atlanta, and to be free from city taxes. Said bonds to be signed by the Treasurer, and counter- signed by the Clerk of Council, affixing thereto the seal of the city. The coupons attached to said bonds to have the name of the Treasurer lithographed thereon. Said bonds to be sold under the direction of the Finance Committee, and the proceeds applied to the redemption of fifty bonds of five hundred dollars each, aggregating twenty-five thou- sand dollars, known as funding bonds, falling due January 1. 1888, and dated October 1, 1879, bearing interest at the rate of six (6) per cent, per annum. Said bonds to be sold at not less than par. $25,000 re- demption bonds. Thirty years 4% per cent. November 5, Sec. 414. The Finance Committee is instructed to have prepared twenty-five thousand dollars of coupon bonds as follows : Fifty bonds of five hundred dollars each; said bonds to be due and payable in thirty years after date, and to bear date January 1, 1889, and due Jan- uary 1, 1919. The coupons to be payable semi-annually on the 1st of July and January, for the interest on same at four and one-half per cent, per annum. Said bonds and coupons to be payable in Xew York or at the Treasurer's office in the City of Atlanta, and to be free from city taxes. Said bonds to be signed by the Mayor and Treasurer and countersigned by the Clerk of Council, affixing thereto the seal of the city. The coupons attached to said bonds to have the name of the Treasurer lithographed thereon. Said bonds to be sold under the di- rection of the Finance Committee, and the proceeds applied to the redemption of fifty bonds of five hundred dollars each, aggregating twenty-five thousand dollars, known as . funding bonds, falling due January 1, 1889, and dated October 1, 1879, bearing interest at the rate of six per cent, per annum. Said bonds to be sold at not less than par. $100,000 re- demption bonds. Thirty years 4 per cent. October 8, Sec. 415. The Finance Committee is instructed to lia\c |)repared one hundred bonds of one thousand dollars each; said bonds to he due and payable in thirty years after date, and to bear date January 1, 1890, and due January 1, 1920. The coupons to be payable semi- annually, on the first of July and Januai-y. for tlie inter(>st on the Part III. — Ordinances. 133 paiiie at I'our per cent, per annum, said bonds and coupons to be pay- able in New York, or at the Treasurer's office in the Gity of Atlanta, and to be free from city taxes; said bonds to be signed by the Mayor and Treasurer and countersigned by the Clerk of the Council, affix- ing thereto the seal of the city. The coupons attached to said bonds ^'=*- ^' ^^^^• to liave the name of the Treasurer lithographed thereon. Said bonds to be sold under the direction of the Finance Committee and the pro- ceeds applied to the redemption of one hundred bonds of one thou- sand dollars each, known as "State House Bonds," falling due Janu- ary 1, 1890, and dated October 29, 1870, bearing interest at the rate of seven per cent, per annum. Sec. 416. Also fifty bonds of five hundred dollars each, known as ,^_ "Funding Bonds," falling due January 1, 1890, and dated October 1, domption 1879, bearing interest at the rate of six per cent, per annum. These Eleven years '^ r X 6 per cent. two lots of bonds aggregating one hundred and twenty-five thousand dollars; said bonds to be sold at not less than par. Sec. 417. The Finance Committee is instructed to have prepared forty thousand dollars of coupon bonds, as follows : Forty bonds of $4o,ooq re- one thousand dollars each, aggregating forty thousand dollars. Said bonds au- ^^ <^ ^ -^ thorized. bonds to be due and payable in thirty years from date, and to bear llgX'^'"^^'" ^' date January 1, 1891, and due Januarv 1, 1921; the coupons to be Twty years •' ' ^ . ' J r 4 per cent. payable semi-annually, on the first day of July and January, for the interest on the same, at four per cent, per annum. Said bonds and coupons to be payable in New York, or at the City Treasurer's office in the City of Atlanta, and to be free from city taxes; said bonds to Ije signed by the Mayor and Treasurer and countersigned by the Clerk of Council, affixing thereto the seal of the city; the coupons attached to said bonds to have the name of the City Treasurer lithographed thereon. Said bonds to be sold under the direction of the Finance Committee of this body, and the proceeds thereof applied to the re- demption of eighty bonds of five hundred dollars each, known as bonds to fund the floating debt, falling due January 1, 1891, and dated October 1, 1879, bearing interest at the rate of six per cent, per annum. Said bonds to be sold at not less than par. Sec. 418. Whereas, It has been deemed necessary by the City of ^^soooo Atlanta to enlarge the water supply of said city, and to expend in such ^^^^f^ necessary enlargement at least the sum of two hundred and fifty thou- December i9 sand dollars; is^o- Sec. 419. And Whereas, The money is not in the treasury of said city to pay for such enlargement of the water supply, and cannot be raised for present use by taxation under the limitations in the city charter ; Sec. 420. And Whereas, The debt of said citv does not amount 134 Part III. — Ordixaxces. to seven per centrim of the value of the taxable property therein, and may be increased in the sum of two hundred and fifty thousand dol- lars, without reaching the seven per cent, limit fixed by the State Con- stitution ; Sec. 421. And Whereas^ The Mayor and General Council afore- said desire to issue two hundred and fifty thousand dollars of the four per cent, bonds of said city, to run not exceeding thirty years, and to be paid off, principal and interest, by the time of their maturity, to be sold for the purpose of realizing the sum of two hundred and fifty thousand dollars, to be expended in enlarging the water supply of said city; and assent of the people being necessary to the validity of such issue of bonds, the said Mayor and General Council called an election to determine whether the issue of bonds as aforesaid should be made, and after full notice to the voters of said city, published as required by law, the election was held in conformity with the Constitution and laws of the State of Georgia and the charter and ordinances of the City of Atlanta, to-wit: On the 14th day of October, 1890; and it appear- ing from the returns made by the manager of said election to the Mayor and General Council that the requisite two-thirds of the quali- fied voters of said city voted in favor of the issue of bonds, as afore- said ; Sec. 422. Therefore, ordained. That two hundred and fifty bonds of the City of Atlanta, of the denomination of one thousand dollars each, bearing interest at the rate of four per centum per annum, shall be prepared by the Mayor, Clerk of Council, Comptroller and Treas- urer of said city, and shall be sold by the Finance Committee to raise the sum of two hundred and fifty thousand dollars, to be expended in enlarging the water supply of the City of Atlanta. Sec. 423. Of the bonds aforesaid, fifty shall mature and be paid off, principal and interest, at the expiration of ten years from the date of their issue. Fifty more shall mature and be paid off, princi- pal and interest, at the expiration of fifteen years from the date of their issue. Fifty more shall mature and be paid off, principal and interest, at the expiration of twenty years from the date of their issue. Fifty more shall mature and be paid off, principal and interest, at the expiration of twenty-five years from date, of their issue. And the re- maining fifty shall mature and be paid off, principal and interest, at the expiration of thirty years from the date of their issue ; so that the whole issue of two hundred and fifty thousand dollars shall be paid off, principal and interest, within thirty years from date of issue, as required by the Constitution and laws of Georgia. Sec. 424. The interest on the issue of bonds hereinbefore provided for shall be evidenced by coupons attached to said bonds and properly signed, as in previous issues of bonds of said City of Atlanta, and 4 per cent, bonds to raise $250,000 ordered so\A. When bonds mature and how paid off. Coupons. I'aKT 111. Olx'DJ NANCES. 135 be payable semi-annually at the office of the City Treasurer of Atlanta, Georgia, and in the City of New York. Sec. 425. An annual tax shall be levied, beginning with the year 1891, and continuing yearly until, and including, the year 1920, upon '/j^^'e^^jj^u, the taxable property in said city, and sufficient in amount to pay the " "re's't^ and 'to yearly interest on the whole issue of bonds aforesaid, and also to pay fng^fund? '''"'^ the one-thirtieth part of said issue of bonds, and the proceeds of such tax remaining, after paying the interest each year, shall be paid into the "sinking fund, to be kept by the City Treasurer until date of maturity of the installments of bonds, as provided for in Section 421) by said Treasurer from the sinking fund aforesaid; provided, Iwir- ever. That the annual tax rate of one and one-half per centum per an- num, fixed by the charter, shall not be exceeded because of the levy of the tax herein directed to be levied and collected. Sec. 426. The faith of the City of Atlanta is hereby pledged to , . the punctual and full payment of the principal and interest of the pledged, issue of bonds provided for in this ordinance. Sec. 427. Whereas^ By an ordinance approved December 19, AVator 1890, Sections 355 to 363, inclusive, of the City Code of 1891, it was bonds. provided that two hundred and fifty bonds of the City of Atlanta, of the denomination of one thousand dollars each, bearing interest at tlie rate of four per cent, per annum, should be issued and sold, and the proceeds should be expended in enlarging the water supply of the bonds of the Citv of Atlanta, of which bonds fifty should mature and be paid off, der ordinance •^ ■'^ ' of December principal and interest, at the expiration of ten years from the date of '^^^ ^^^o- were their issue, fifty more at the expiration of fifteen years from the date of their issue, fifty more at the expiration of twenty years from the date of their issue, fifty more at the expiration of twenty-five years from the date of their issue, and the remaining fifty at the expiration of thirty years from the date of their issue ; and Whereas^ Pursuant to said ordinance fifty bonds of one thousand dollars each, maturing in ten years from the date of their issue and bearing date January 1, 1892, were issued and sold, and fifty bonds maturing fifteen years from the date of their issue were issued, of which eighteen were sold and thirty-two remain unsold and in the hands of the Treasurer of said city ; and Whereas. Xone of the bonds to run twenty, twenty-five or thirty years, as provided for by said ordinance, have been issued or sold : and Whereas, It is found impracticable, in the state of the money mar- ket, to sell bonds running fifteen, twenty or twenty-five years from the date of their issue, and drawing only four per cent, interest, and pay- able principal and interest in currency at par; and Whereas, It is necessary to the completion of the construction and 136 Part III. — OI!DI^'AycES. $182,000 here- tofore author- ized can- celled. $182,000, 4 per cent., thirty years, water bonds authorized. equipment of the new waterworks, now in process of construction for the City of Atlanta, that the full issue of two hundred and fifty thou- sand dollars of bonds, provided for by said original ordinance, should be sold; therefore, Sec. 428. Ordaixed, That the thirty-two bonds of the denomina- tion of one thousand dollars each, numbered from sixty-nine (69) to one hundred (100), both inclusive, and dated January 1, 1892, issued under authority of the ordinance of December 19, 1890, remaining unsold and in the hands of the Treasurer, be cancelled by the Treas- urer of said city, in the presence of the Mayor, Comptroller and the Chairman of the Finance Committee, and that proper entry of such cancellation be made on the books of the City Comptroller and Treas- urer before the issue of the bonds hereinafter provided for. Sec. 429. That so much of the ordinance of December. 19, 1890, as provides for the issue of bonds to run twenty years, twenty-five years and thirty years from the date of their issue be, and the same is, hereby repealed. Sec. 430. That one hundred and eighty-two (182) bonds of the City of Atlanta of the denomination of one thousand dollars, bear- ing interest at the rate of four per cent, per annum, principal and interest payable in gold of the present standard of weight and fineness or its equivalent, at the date of maturity of the interest coupons and bonds herein provided for, shall be prepared by the Mayor, Clerk of Council, Comptroller and Treasurer of said city, and shall be sold by the Finance Committee to raise the sum of one hundred and eighty- two thousand ($182,000) dollars, to be expended in the completion of the construction and equipment of new waterworks for the City of Atlanta, for the purpose of enlarging the water supply of said city. Sec. 431. The bonds herein provided for shall bear date of Jan- uary 1, 1893, and shall mature and be paid off on the first day of Jan- uary', 1923, and shall be paid off at the office of the Treasurer of the City of Atlanta, in said city, or in the City of N'ew York, at the option of the holder. Sec. 432. The interest on the issue of bonds herein provided for shall be evidenced by coupons attached to said bonds and have the sig- nature of the Treasurer lithographed thereon, as in previous issues of bonds of said City of Atlanta, and be payable semi-annually at the office of City Treasurer of Atlanta, Georgia, and in the City of New A^'ork. Tlie first coujions on each of said bonds shall mature July 1, 1893, and the remaining coupons semi-annually thereafter. Sec. 433. The ])revious ordinance of December 19, 1890, as to providing for a levy of tax annually to meet the yearly interest on the whole issue of two hundred and fifty thousand ($250,000) dollars of water bonds and to accumulate a fund for tlio paymcmt of the prin- cipal of the bonds and pledging the faith of the City of Atlanta for Principal and interest, where payable. Provisions of previous ordinances re-enacted. Part III. — Ordtnaxces. 137 { lie punctual and full payment of the principal and interest of the ^y^^^^, ^^^^^ issue of bonds aforesaid, is continued in force, and is hereby made to soptimber' 26, apply to the issue of bonds herein provided for, it being the intent and ^^''^■ meaning of this ordinance that these one hundred and eighty-two thousand ($182,000) dollars of bonds shall take the place of an equal amount of bonds authorized by the ordinance of December 19, 1890. Sec. 434. Whereas, The ordinance authorizing the issue of one Date of water hundred and eighty-two thousand ($182,000) dollars of thirty years to^.ianuary^l, four per cent, water bonds of the City of Atlanta, approved Septem- ber 26, 1892; provided^ that said bonds should bear date of January 1, 1893 ; and whereas, said first day of January fell on Sunday, for remedy thereof that the change of the date of said bonds made in their preparation from the first day of January, 1893, to the second day of January, 1893, be, and the same is, hereby authorized and rat- ified. Sec. 435. The Finance Committee is instructed to have prepared ^ ^ , ^ ^ Coupon bonds. one hundred and forty thousand ($140,000) dollars of coupon bonds Act Novem- as follows: One hundred and forty bonds of one thousand ($1,000) ^er is, isso. dollars each, aggregating $140,000 ; said bonds to be dated January ^etre^^/ per 1, 1892, and to be due, in thirty years thereafter, and to be payable'^®''*- January 1, 1922, the coupons of said bonds to be payable semi- annually, on the first day of July and January, for interest on same, at fo\ir and one-half per cent, per annum ; said bonds and coupons to be payable in gold coin, either in the City of New York or at the office of the City Treasurer in the City of Atlanta, and to be free from city taxes ; said bonds to be signed by the Mayor and Treasurer, and coun- tersigned by the City Comptroller, who shall affix thereto the seal of the city; the coupons attached to these bonds shall have the name of the City Treasurer lithographed thereon; said bonds shall be sold un- der the direction of the Mayor and Finance Committee, and the pro- ceeds thereof applied to the redemption of eighty bonds of five liun- dred ($500.00) dollars each, known as the bonds to fund the floating debt, dated October 1, 1879, and falling due January 1, 1892, bear- ing interest at six per cent, per annum; and also one hundred bonds of one thousand dollars each, dated August 1, 1872, and due January 1, 1892, bearing eight per cent, interest, and known as bonds issued to pay floating debt and bridges. These two issues of bonds amount to one hundred and forty thousand dollars. Sec. 436. Whereas, The Mayor and General Council of the City of Atlanta desire to issue five hundred thousand ($500,000.00) dol- lars of the bonds of said city for the purpose of increasing the water supply of said city, and the assent of the qualified voters of said city being necessary thereto : Sec. 437. Ordained, That in accordance with the Constitution 138 Part III. — Ordinances. Election for '^"'^ ^^^^^ '^^ ^^^^ State, and in pursuance of an amendment to the bS^criied' charter of said city, approved the twenty-first day of August, 1891, $500 000 water authorizing the issue of said bonds, an election shall be held at the cen^'so^'ye^rs. scvcral votiug preciucts in the City of Atlanta, on the first "Wednesday in December, 1891, to-wit: The second (2d) day of December, 1891, to determine the question whether said water bonds shall be issued by said city, and that notice to the people (qualified voters of said city) be published in the Atlanta Constitution, the newspaper in which the election "ad- Sheriff's advertisements for said county are published, and other daily papers published in said city, for the space of thirty days next pre- ceding the day of said election, as provided by law, said bonds to bear interest at the rate of 4% per centum per annum, and to run not ex- ceeding thirty years from the issuance thereof, the said interest to l)e payable semi-annually, on the first days of January and July of each 3'ear, and the principal of said bonds to be fully paid off within thirty years from the date of the issuance thereof, principal and interest to be payable in gold or its equivalent. If the issne of said water [bonds] is voted by the requisite two-thirds of the qualified voters of said city, then, and before the propoged debt is incurred, an ordinance or ordi- nances shall be passed providing for the issue and sale thereof, and making provisions at the same time for the assessment and collection of annual taxes sufficient in amount to pay the principal and interest of said debt within thirty years from the date of incurring said in- debtedness, but this shall not operate to increase the annual taxes on real estate or personal property beyond the charter rate of one and one-half per centum per annum. At said election the voters shall have printed or written on their ballots, "For water Ijonds,'" or "Against water bonds." Said election shall be held as municipal Code of 18S2. gjeotions in this city are required to be held, and conducted in like manner and in accordance with Sections 508(i) to 508(m), inclusive, of the Code of the State of Georgia, and shall be held with the elec- tion for Aldermen and Councilmen to occur on the sann' day, and tlic voters qualified to vote in the election for Aldermen and ('(iiinciluicn are likewise qualified to vote on the question of the issue of water bonds. Sec. 438. For the purpose of completing and c(|uii)|Hiig a t)v\y system of waterworks for the City of Atlanta and enlarging llie water years, 41/2 per supply thcrcof, fivc hundred bonds of the City of Atlania are herehv bonds author- authorized to be issued and sold and the proceeds to be us for Fulton county, Georgia, are published. John B. Goodwik. Mayor. A. P. Woodward, Clerk of Council. And Whereas^ The number of voters registered for such election was reported by the Kegistrar, as required by ordinance, to said Mayor and General Council, at its meeting on the 15th day of May, 1893, and entered upon the minutes thereof, said number of registered voters being twenty-three hundred and eleven (2,311) ; and WiiEiJEAS, Said election was regularly held on the 16th day of May, 1893, at the polling places in all the wards in said City of Atlanta, and the result of said election was reported to the Mayor and General Co\in- Part III. — Ordinances. 149 cil, as required b}' law and ordinance, to-wit : at its meeting on the 22d ^^^^ ^^ ^^.^^^^ day of May, 1893 ; and it appearing from the consolidated returns of ''°"'^^- the managers that the number of votes cast at said election was sixteen hundred and forty-three (1,G43), of which number sixteen hundred and seven (1,607) voted for water bonds, and thirt3^-six (3G) voted against water bonds; and the number voting for water bonds being more than two-thirds of the qualiiied voters registered for said election, said ]\Iayor and General Council declared that said election resulted in favor of the issue of said bonds; and Whereas, The ordinance of April 6, 1893, aforesaid, provided for the cancellation of the bonds returned to said city by the Capital City Bank and the American Trust and Banking Compan}^, to-wit: the one hundred and eighty-two thousand dollars of bonds sold to said banks, as aforesaid; and Whereas, Said bonds so returned to said city have been cancelled and destroyed, as appears from the report of the Finance Committee, made to the General Council at this meeting ; and Whereas, In the judgment of the Mayor and General Council of the City of Atlanta, it is necessary to the completion and equipment of the new waterworks of the City of Atlanta that the bonds author- ized to be issued by the assent of the people, at the election held on the 16th day of May, 1893, should be issued and sold; therefore, Sec. 460. Ordained, That one hundred and eighty-two bonds of the City of Atlanta, of the denomination of one thousand dollars each, yeirs!°4' per aggregating one hundred and eighty-two thousand dollars of such bonds ^author- I)onds, numbered from one to one hundred and eighty-two, inclusive, l)earing interest at the rate of four per centum per annum, principal and interest to be payable in gold coin of the United States of America of the present standard of weight and fineness, or its equivalent, at the date of maturity of the interest coupons and of the principal' of said bonds respectively, as hereinafter provided for, shall be prepared by the Mayor, Clerk of Council, Treasurer and Comptroller of said City of Atlanta, and shall be sold by the Finance Committee of the General Council of said city for the best price obtainable, Avhether it be at, above or below par value, and the proceeds of the sale of such bonds shall be used only in the completion and (>qui])mcni of tlie new waterworks of said city. Sec. 461. The bonds herein provided for shall bear date June 1, 1893, and the principal thereof shall mature and be paid off on the 31st day of May, 1923, at the office of the Treasurer of the City of Atlanta, in said city, or in the City of N'ew York, at the option of the holders. Xo part of the principal of said bonds is to be paid annually, but the whole of such principal is to run to, and mature on, the 31st day of May, 1923, as aforesaid. Sec. 462. The interest on the issue of bonds herein provided for 150 Part III. — Ordinances. shall be evidenced by coupons attached to such bonds, and having the signature of the Treasurer lithographed thereon, as in previous issuer of bonds of said City of Atlanta, and be payable semi-annually at the ' office of such Treasurer in said City of Atlanta, and in the City of New York. The first coupon on each of said bonds shall mature Jan- uary 1, 1894, and the remaining coupons semi-annually thereafter. The first coupon on each of said bonds shall be for the sum of twenty- three and tA dollars, and the remaining coupons thereon for twent} dollars each, except the last coupon, which shall be for the ?um of six- teen and ToV dollars. Sec. 463. The bonds herein provided for shall be signed by the Mayor, or in his absence or disability, the Mayor pro tern., City Clerk and Treasurer and countersigned by the City Comptroller, and the body of said bonds shall be in the form following, to-wit : United States of America. $1,000. State of Georgia. $1,000. City of Atlanta. new water bond. Know all men by these presents. That the City of Atlanta, Form of bond. Georgia, is indebted, and hereby promises to pay to H. C. Stockdell, Chairman of the Finance Committee, or bearer, one thousand dollar^ in gold coin of the United States of America of the present standard of weight and fineness, or its equivalent, on the 31st day of May, 19x.'3, at the designated depository of said city in New York City, or at the Treasurer's office in said City of Atlanta, with interest thereon at the rate of four per centum per annum, payable in gold coin of the United States, of the present weight and fineness, or its equivalent, semi- annually on the first days of July and January of each year, at the said designated depository in New York City, or at the Treasurer's office in Atlanta, Georgia. This bond is one of a series of one hundred and eighty-two bonds of like date and character of the denomination of one thousand dollars each, aggregating one hundred and eighty-two thousand dollars, and numbered from one to one hundred and eighty-two, inclusive, author- ized to be issued by an ordinance adopted by the Council of the City of Atlanta, concurred in by the Board of Aldermen, and approved by the Mayor of said city. May 23, 1893, in conformity to the Constitution of the State of Georgia and an Act of the Legislature, thereunder ap- proved by the Governor, September 4, 1889, authorizing the issue and sale of two hundred and fifty thousand dollars in bonds of said city, for the purpose of enlarging the water supply thereof, and in accordance, also, with the general laws of the State of Georgia, authorizing and regulating the issue of county and municipal bonds. Part III. — Ordinaxces. 151 of said bonds, the Mayor and General Council of said City of Atlanta called an election for that purpose, by an ordinance approved on the 6th day of April, 1893, and after full notice to the voters of said city, published as required by law, such election was held in conformity with the Constitution and laws of the State of Georgia and the charter and ordinances of the City of Atlanta, to-wit : on the 16th day of May, 1893, in which election more than two-thirds of the qualified voters of said city registered for said election voted in favor of assenting to said issue of bonds, according to the returns made by the managers of said election to the Mayor and General Council, and the declaration of the result of said election made by said Mayor and General Council, to-wit : at the meeting held on the 22d day of May, 1893. For the prompt pa^^ment of the principal and interest of this bond, the faith, credit and taxing power of the City of Atlanta is pledged, and this bond is declared exempt from all taxes by said city. In witness whereof, as provided for in said ordinance, the Mayor, City Clerk and Treasurer have signed this bond, and the City Comp- troller has countersigned the same, and affixed thereto the seal ol the City of Atlanta, Georgia, this 1st day of June, 1893. ■ , j\Iayor. , City Clerk. , Treasurer. Countersigned : , City Comptroller. Sec. 464. An annual tax, beginning with the vear 1893 and ex- „. , . , , ~ ~ ^ sinking lund- tending to and including the year 1931, is hereby levied on the tax- ^Je''li^^'^ *" able property in said city, sufficient to raise the sum of thirteen thou- sand, two hundred and eighty dollars per annum, of which sum the amount of seven thousand, two hundred and eighty dollars per annum shall be appropriated and applied to the payment of the annual inter- est on the issue of bonds provided for in this ordinance, and the re- maining sum of six thousand dollars, so collected each year, shall be placed and kept intact in a sinking fund for the extinguishment of the principal of said bonds. And for the year 1922, a tax of fifteen thou- sand, two hundred and eighty dollars is hereby levied, to be collected from the taxable property of said city, of which seven thousand, two hundred and eighty ($7,280.00) dollars shall be applied to the pav- mcnt of the interest falling due that year, on this issue of bonds, and eight thousand dollars to be applied to complete the sinking fund for the payment of the principal of said bonds. The whole of said sink- ing fund shall be used to pay off the principal of said bonds, at their maturity, to-wit: on May 31, 1923. Sec. 465. The faith and taxing power of the City of Atlanta is 152 Part III. — Ordinances. hereby pledged to the punctual and full payment of the principal and interest of the issue of bonds provided for in this ordinance. Sec. 466. The ordinance approved September 26, 1892, authoriz- ing the issue of $182,000.00 in water bonds, dated January 2, 1893, which bonds have been cancelled, as aforesaid, and all other ordinances and parts of ordinances in conflict with this ordinance are hereby re- pealed. May $50,000 30 years 4i/^ per cent, redemp- tion bonds, due Dec. 31, 1924. November 10. 1894. November 10, 1894. $50,000 4 per cent, author- ized. December 17, Sec. 467. The Finance Committee is instructed to have prepared fifty thousand dollars of coupon bonds of the City of Atlanta, paya- ble, principal and interest, in gold coin of the United States of Amer- ica, of the present standard of weight and fineness or its equivalent, as follows : Fifty bonds of one thousand dollars each, said bonds to be due and payable in thirty years from date, and to bear date January 1, 1895, and due December 31, 1924, the coupons to be payable semi- annually, on the first days of July and January each year, for the in- terest on same, at 41/^ per cent, per annum. Said bonds and coupons to be payable in New York or at the Treasurer's office in Atlanta, and to be free from city taxes ; said bonds to be signed by the Mayor, John B. Goodwin; Treasurer, Jos. T. Orme, and City Clerk, Park Wood- ward, and countersigned by the City Comptroller, John H. Goldsmith, with the seal of the City of Atlanta affixed thereto, and the coupons attached to said bonds to have the name of the City Treasurer litho- graphed thereon ; said bonds to be used in refunding, or to be sold un- der the direction of the Finance Committee of this body, and the pro- ceeds thereof applied to the redemption of fifty bonds of one thousand dollars each, amounting to fifty thousand dollars, known as "Bonds to Fund the Floating Debt," falling due January 1, 1895, and dated Oc- tober 1, 1879, bearing interest at the rate of six per cent, per annum, said fioating debt having been in existence from a period prior to the adoption of the Constitution of Georgia of 1877. Sec. 468. The ordinance approved November 10, 1894, providing for the issue and sale of gold bonds of the City of Atlanta, aggregat- ing the principal sum of fifty thousand dollars, to bear datc^ from Jan- uary 1, 1895, and to bear interest at 41/2 per centum per annum, for the purpose of retiring or refunding fifty thousand dollars of bonds of said City of Atlanta, maturing January 1, 1895, is hereby amended by adding thereto the following sections, to- wit : Sec. 469. An annual tax, to begin with the year 1895, and close with the year 1924, and include all intervening years, is hereby levied on the taxable property in said City of Atlanta, sufficient to raise the sum of tliirty-nine hundred and seventeen dollars, of which sum the amount of twenty-two hundred and fifty dollars per annum shall be appropriated and applied to the payment of the annual interest on the issue of bonds provided for in this ordinance, and tlie remaining sum Part III. — Ordinances. 153 of sixteen hundred and sixty-seven dollars, so collected each year, shall be placed and kept intact in a sinking fund for the entinguishment of the principal of said bonds at their maturity, to-wit: on December 31, 1924; and the sinking fund so provided shall be nscd then in paying off the principal of said bonds. Sec. 470. The Finance Committee is instructed to have prepared Redemption and to sell fifty thousand dollars of coupon bonds, as follows : Fifty bonds, $50,000, ^ ' "^ 4 per cent. l)onds of one thousand dollars each, aggregating fifty thousand dol- authorized, lars, said bonds to be due and payable in thirty years from date, to ^g^^'""^^'" 2^' Ijear date January 1, 1896, the coupons to be payable semi-annually, on the first days of July and January of each year, for the interest on the same at four per cent, per annum ; said bonds and coupons to be ])ayable in gold coin of the United States, of the present standard of weight and fineness, or its equivalent, either in ISTew York or at the Treasurer's office in the City of Atlanta, at the option of the holder, and to be free from city taxes. Said bonds to be signed by the Mayor and City Treasurer, and countersigned by the City Comptroller, afiix- ing thereto the seal of the city. The coupons to be attached to said bonds shall have the signature of the Treasurer lithographed thereon. Said bonds to be sold by^ the Finance Committee of said body for not less than par, and the proceeds thereof applied to the redemption of fifty bonds of one thousand dollars each, aggregating fifty thousand dollars, known as "Bonds to Fund the Floating Debt," maturing Jan- uary 1, 1896, dated October 1, 1879, bearing interest at six per cent, per annum. Sec. 471. The form of the bonds herein provided for shall be as follows : United States of America. State of Georgia — City of Atlanta. redemption bond. issued to meet maturing bonds. Know all men by these presents. That the City of Atlanta, Georgia, is indebted and hereby promises to pay to Hugh T. Inman, Chairman of the Finance Committee, or bearer, one thousand dollars in gold coin of the United States, of the present weight and fineness, ^°"" °^ ^°°'^^- or its equivalent, on the first day of January, 1926, at the designated depository of said city in New York or at the office of the City Treas- urer in Atlanta, Georgia. This bond is one of a series of fifty bonds of like date of one thou- sand dollars each, numbered from one to fifty, inclusive, amounting to fifty thousand dollars, issued to meet fifty bonds of one thousand dol- lars each, aggregating fifty thousand dollars, which mature on Jan- uary 1, 1896, by authority of an ordinance adopted by the Coimcil 154 Part III. — Ordinances. IsTovember 18, 1895, concurred in by the Aldermanic Board November 23, 1895, and approved by the Honorable Porter King, Mayor, ■STovem- ber 23, 1895. Said ordinance having been passed in pursuance of power granted in Section 132 of the Acts of Incorporation of the City of Atlanta, passed by the General Assembly of the State of Georgia and approved by the Governor on November 13, 1889, to amend the charter of the City of Atlanta, which provides for the issuance of bonds of said city to meet maturing and outstanding bonds. For the prompt payment of the principal and interest of this bond, the faith, credit and taxing power of the City of Atlanta is pledged. This bond is declared exempt from all taxes by said city. In witness whereof (as provided for in said ordinance), the Mayor and Treasurer have signed this bond, and the City Comptroller has countersigned the same and affixed thereto the seal of the city. This first day of January, 1896. , ]\Iayor. , Treasurer. Countersigned by , Comptroller. Sec. 472. The Finance Committee is instructed to have prepared and to sell seventy-four thousand dollars of coupon bonds, as follows : dKtVn ' Seventy-four bonds of one thousand dollars each, aggregating seventy- S%o "years four thousaud dollars, said bonds to be due and payable in thirty duryr*" years from date, to bear date January 1, 1897. The coupons to be November 20, payable semi-annually, on the first days of Jidy and January of each year, for the interest on the same, at four per cent, per annum. Said bonds and coupons to be paid in gold coin of the United States of the present standard weight and fineness, or its equivalent, eitlior in Xew York or at the Treasurer's office in Atlanta, Georgia, at the option of the holder, and to be free from city taxes. Said bonds to be signed by the Mayor and City Treasurer and countersigned by the City Comptroller, affixing thereto the seal of the city. Tlie couijons at- tached to said bonds shall have the signature of the Treasurer litho- graphed thereon. Said bonds to be sold by the Finance Committee of this body for not less than par, and the proceeds thereof to he applied to the redemption of fifty bonds of one thousand dolhirs each, ;\\\i\ forty-eight bonds of five hundred dollars each, both issues ainovmtiiig to seventy-four thousand dollars, dated January 1, 1877, and due J;in- uary 1, 1897, and bearing interest at eight per cent, per aninini. Sec. 473. The form of the bonds herein pi-ovided for shall he as follows : Part III. — Ordinances. 155 United States of America. State of Georgia — City of Atlanta. redemption bond. issued to meet maturing bonds. Know all men by these presents. That the City of Atlanta, Georgia, is indebted, and hereby promises to pay Hugh T. Inman, Chairman of the Finance Committee, or bearer, one thousand dollars Form of in gold coin of the United States, of the present weight and fineness, or its equivalent, on the first day of January, 1927, at the designated depository of said city, in JSTew York, or at the office of the City Treas- urer in Atlanta, Georgia, with interest thereon at the rate of four per cent, per annum, payable in gold, as aforesaid, semi-annually, on the first days of July and January of each year, at tlio said designated de- pository in N'ew York, or the City Treasurer's office in Atlanta, Geor- gia. Tliis bond is one of a series of seventy-four bonds of one thousand dollars each and like date, numbered from one to seventy-four, inclus - ive, amounting to seventy-four thousand dollars, issued to meet fifty bonds of one thousand dollars each, and forty-eight bonds of five hun- dred dollars each, aggregating seventy-four thousand dollars, Ee- demption bonds dated January 1, 1877, and maturing January 1, 1897. By authority of an ordinance adopted by the General Council November 16, 189G. Concurred in by the Aldermanic Board Novem- ber 19, 1896, and approved by the Honorable Porter King, Mayor, Kovember 20, 1896. Said ordinance having been passed in pursuance of power granted in Section 132 of the Acts of Incorporation of the ^'°''- ^'^' City of Atlanta, passed by the General Assembly of the State of Geor- gia, and approved by the Governor November 13, 1889, to amend the charter of the City of Atlanta, which provides for the issuance of bonds of said city to meet maturing and outstanding bonds. For the prompt payment of the interest and principal of this bond, the faith, credit and taxing power of the City of Atlanta are pledged. This bond is declared exempt from all taxes by said city. In witness whereof, as provided for in this ordinance, the Mayor and Treasurer have signed this bond, and the City Comptroller has countersigned the same and affixed thereto the seal of the city. This first day of January, 1897. , ]\Iayor. , Treasurer. Countersigned : , City Comptroller. Sec. 171. Whereas, Three hundred bonds of the City of Atlanta, of the denomination of $1,000.00 each, issued under authority of the ^■-'^<^ y 156 Part III. — Ordixaxces. Preamble to ordinance au thorizing $300,000 of refunding bonds. To bear est at 4 cent. charter of the said city and of a resolution aj^proved on the 11th day of November, 1868, bearing interest at seven per cent, per annum, for the purpose of aiding in the construction of the Georgia Air Line Eailroad, will mature and be payable on the first day of January. 1899 ; and Whereas^ There are not sufficient funds in the treasury of the City of Atlanta available for the purpose of paying said bonds ; and Whereas^ By an Act approved on the 13th day of November, 1889, the Mayor and General Council of the City of Atlanta were authorized to issue new bonds of said City of Atlanta to refund the bonded debt of said city; therefore Be it ordained hjj the Mayor and General Council of the Cii;/ of Atlanta, as follows: Sec. 475. The Finance Committee of the General Council of the Three hundred Citv of Atlanta is hereby authorized and directed to have prepared and $1,000.00 each jq ggH for not less than par, three hundred bonds of the City of At- to be issued, ' ^ ^ ^ ^ and to mature la^ta, of the denomination of $1,000.00 each, to be dated January 1, m thirty ' ' years. 1399^ .^-^^^ to niaturo December 31, 1928. to l)ear interest at the rate of four per cent, per annum, vdiich interest slijill he payable on the first days of July and January of each year, and shall be evidenced by cou- pons maturing on those days, except that the coupons for the last half year's interest shall mature on the 31st day of December, 1938. The principal and interest on which bonds shall be payable in gold coin of the United States of America, of the present standard of weight and finenessj or its equivalent, and the proceeds of the sale of said bonds shall be applied only to the payment or retiring of the maturing bonds hereinbefore described. Sec. 476. The bonds herein authorized shall be signed by the Bonds, how Mayor of the City of Atlanta, and the Clerk of Council of said city, °'°"^ ' and shall be countersigned by the Comptroller of said city, and the in- terest coupons on said bonds shall bear the signature of the Treasurer of said city, which may be lithographed thereon. Sec. 477. The principal and interest of the issue of bonds herein authorized shall be payable, at the option of the holder, at the Treas- where payable, urer's officc in the City of Atlanta, or at the designated do]')Ository of said city in the City of New York. Sec. 478. The bonds authorized by this ordinance shall be exempt from taxation by the City of Atlanta, and the good faith and taxing power of the City of Atlanta are pledged for their i)unciual and full payment. Sec. 479. The ordinance approved on the 21st day of October, 1898, authorizing the issuing of three hundred bonds of the denomi- nation of $1,000.00 each, to refund three hundred thousand dollars o£ bonds issued in aid of the Georgia Air Line Railroad, be and tlie same is hereby so amended as to ])rovide tliai the Tefunding honds slinll hear Payable gold. Not taxable by city. Oct. 21, 1898. Amending the ordinance au- thorizing the issue of $300,000.00 of bonds. Dec. IZ, 1898. Part III. — Ordinances. 157 date on the second day of January, 1899, instead of on the first day of Jamiary, 1899, the first day of January being Sunday. Sec. 480. Whereas, By an ordinance of the Mayor and General Council of the City of Atlanta, Georgia, approved October 21, 1898, tlie Finance Committee of the General Council of the City of Atlanta, thoHzed. Georgia, was authorized and directed to sell three hundred bonds of the City of Atlanta, Georgia, of the denomination of one thousand ($1,000.00) dollars each, for the purposes and of the character in said ordinance described; and Whereas, Said bonds have been sold at a rate which makes it un- Not necessary to use entire necessary to use the entire issue authorized by said ordinance; there- issue, fore Be it ordained hy the Mayor and General Council of the City of Atlanta, Georgia, as folloivs: Sec. 481. That two hundred and seventy-five of said bonds be exe- .j,^^^ hundred cuted and delivered to the purchaser, on pa^^ment therefor, and the ^^^ b^nds^to remaining twenty-five of said bonds be not executed by the officers of and^lwenty-five the city, but that said forms of said blank bonds be cancelled and de-j^^^^dest^royed.*"* stroj'^ed by the Mayor of said city, so that the number of bonds that be- come outstanding, under said ordinance, shall be two hundred and seventy- five instead of three hundred, as provided in said ordinance; and Whereas, It is desirable to provide for the payment of the interest on said bond's, and for the payment of the principal at their maturity ; Be it ordained by the Mayor and General Cottncil of the City of Atlanta, Georgia, as follows: Sec. 482. That provision be and is hereby made for the assessment and collection of an annual tax, sufficient in amount to pav the prin- payment of „,■,, principal and cipal and interest on said two hundred and seventv-five bonds, to be interest of " ■ said bonds. and become outstanding within thirty years from the date of said '^ -^ -^ Dec. 23, 1898. bonds. Sec. 483. Holders of coupon bonds issued by the City of Atlanta may, if they so desire, have such bonds registered in the same man- ^"y^b" regil^ ner as holders of State of Georgia bonds, as prescribed in Sections *^''®'^" 1010, 1011 and 1012, Volume 1, of the State Code of 1895. Sec. 484. Bonds for registration, as provided in Section 483, shall be presented to the City Treasurer, who shall detach the coupons from such bonds in the presence of the Mayor and Chairman of the Finance Committee, and shall stamp on the back of such bond the words writ- ten below, with his name signed thereto : "By authority of and in compliance with an ordinance, adopted by the Mayor and General Council, on March 6, 1899, this bond is reg- istered in the name of . whose signature is placed hereto in acknowledgment of the receipt of this bond from the City Treasurer,. 158 Part III. — Ordixaxces. and that he has also signed his name on the City Bond Registration Book, in the City Treasurer's office . ISTo transfer of this bond will be recognized, except by registration. , City Treasurer." Sec. 485. The City Treasurer shall have books prepared in such forms as shall show the numbers, date and denomination of such bonds registered by him; also, by whom signed, and with such accu- rate description as that such bonds may be easily identified, with post- office address of the owner, so that the semi-annual payments of inter- est on such registered bonds may be promptly and safely made; and the signature of the owner of such bond or bonds shall be signed on this book. Sec. 486. The detached coupons, as provided in Section 484, shall be turned over to the Finance Committee of the General Council, by the City Treasurer, and said committee shall destroy such coupons and make report of the same at the next regular meeting of the Gen- eral Council. Sec. 487. The City Treasurer shall notify the City Comptroller when any bonds of the city have been registered by him, giving a de- tailed and accurate description of such bonds and detached coupons, so that the City Comptroller may make such records on the books in his office- as to fully show the transactions made in the registration of bonds, as heretofore provided in this ordinance. Mar. 10. 1809. CHAPTER IX. BOARDS OF DIFPEREXT DEPARTMEXTS. Section. 488. Preamble. 489. Qualifying of members. Section. 490. Absence from meetings vacates— when. Sectiox 488. Whereas, "A public office is a public trust," and men are selected for public positions with a view to their fitness for 'filling the same, and with the belief that the men so selected will give necessary time and attention required to further the interest of the dif- ferent departments of the City of Atlanta; therefore. Sec. 489. Any person elected by the Mayor and General Council Qualify within to fill a position ou any of the different boards of tlie City Govern- ter' election, meut, shall prescut himself to the proper officer foi- ([ualification with- in thirty days after election; and a neglect to do so, without an ex- what excuses, eusc of sickucss or absencc from the city, or Providential cause, shall be deemed sufficient reason to declare the office vacant; and the Mayor and General Council shall, at their next regular meeting after being officially notified, proceed to fill the vacancy. Vacancy de clared and filled. Part III. — Okdixances. 159 Sec. 490. Any person elected to fill a position on any of the dif- ^^^^^^^^ from ferent boards of the City Government and absenting himself from as [^^^ meounes many as four consecutive regular meetings of the board to which he '''^^^^'^^ "^''^■ may be a member, without an excuse of sickness or absence from the ^'^^ ^^' ^**' city, or providential cause, shall be deemed sufficient reason, after being officially notified, for the Mayor and General Council to declare the position vacant and proceed by election to fill the same. CHAPTER X. OFFICERS ORDIXAXCES GOVERXIXG. Section. 491. Make weekly reports. 492. Must live in cit.v. 493. Salaries. 494-495. Emplo3Tnent of extra help. 496. Janitor. 497. Officers handling city funds must not become surety on obligations. 40S. Must not e.xceed apportionment. 499. Liable for illegal expenditures. 500. Removed for illegal e.xpenditures. 501. Must not advance money to employes at exorbitant interest. 502. Fined and removed for violating Sec- tion .501. 503-504. Surety company bonds allowed, and sureties owning real estate in Georgia also accepted. 505. Mayor, alderman or councilman not to be surety on officers' bonds. Section. 506. Maj'or, attorney, etc., not to represent persons charged with crime in cer^^ain cases. 507. Nor any other city officer to represent cases adversely to city. 508. Collections paid Tax Collector same day made. 509. Office hours. 510-511. Prohibits dual offlceholding. 512. Acceptance of new office— vacates old. 513. Same subject. 514. Goes into effect — when. 515. Not to affect those then in office. 516. No witness fees to officers and em- ploj'es. 517. Penalt3' for paying illegal witness fees. -518. Salaries of certain officers. 519. Salaries of public weighers. Sectiox -191. All executive officers or agents of the incorporation, are herebv required to make weeklv reports to the Mayor and General ^ . r J Weeklv reports. Council, in writing, of all sums of money, or any other property re- ceived by them, and all sums paid by them. They shall also report all charges that may occur in connection with their offices, in favor of or against the corporation, and all officers and agents must make quar- terly reports, in writing, to the Ma3^or and General Council, of their actings, and pay over daily all moneys or other things received by them to the Tax Collector. On failure of any officer or agent to comply with this ordinance, he shall be liable to be dealt with as for other misfeasance or malfeasance in office, and fined at the discretion of the Mayor and Council, or be dismissed from office, or both, as to them shall seem proper. Sec. 492. No department or officer of the City Government of At- lanta shall elect, appoint or employ for service or continue in service fj^iive'ln^city. any person who is not a bona fide citizen of said City of Atlanta, where the work or service is to be performed entirely or chiefly within said city, unless consent of the Mayor and General Council is first ob- tained. 160 Part III. — Ordinances. Sec. 493. The following bonds are required of the officers named, all to be subject to approval of the Finance Committee and Mayor, to-wit : Bonds of city officers. June 20, Bond of City Attorney $ o,00o 00 Bond of City Clerk 10,000 00 Bond of City Comptroller 10,000 00 Bond of City Marshal 10,000 00 Bond of City Tax Collector 75,000 00 Bond of City Treasurer 100,000 00 Bond of City Tax Eeceivers and Assessors, each 2,000 00 Bond of City Engineer 10,000 00 Bond of Commissioner of Public Works 10,000 00 Bond of Recorder 5,000 00 Bond of Sexton 1,000 00 Bond of Chief Fire Department 1,000 00 Bond of Street Improvement Collector 5,000 00 and all other officers handling public funds or public property shall give bonds in such sums as may be from time to time fixed by the Mayor and General Council. Sec. 494. The Finance Committee of the General Council of the _ ^ , , . City of Atlanta mav, in the discretion of said committee, contract with tixtra. help m •' •' ' ' Marshars office persous employed as collectors of fi. fas. for taxes due the City of At- t^ilor^ ^"^- lanta, and turned over to the Marshal for collection, on the basis of paying such collectors a percentage of the fees of such tax executions instead of the per diem pay of two dollars per day, as provided for by the ordinance of which this is an amendment; provided, that neither the City Clerk nor the Marshal, nor any deputy of the Clerk or ]\Iar- shal, shall be interested to any extent in the fees due the city on account of issuing or collecting such tax executions. Sec. 495. No extra help shall be employed in any department of the city whose employes are under the control of the Mavor and Gen- Extra help in "^ ^ -^ * . . the depart- eral Couucil, cxcept upon application to the Finance Committee m ments, how ap- ' r- i i j- pointed. writing, showing the necessity of such aid. Said Finance Committee shall appoint such extra help if considered necessary to the public ser- vice, and shall report to the next following meeting of the General Council their action, showing why said extra help is needed, the time for which said appointment is made, names of said appointees and the expense incurred thereby; provided, however, that the Tax Com- mittee shall control the appointment of extra help needed in the As- sessors' office, made in like written application, and said committee shall likewise make like report as required of the Finance Commit too to the next following meeting of the General Council. Sec. 490. Tlio i)ositi(>ii of Citv Janitor is lierebv created. The Part III. — Ordinances. 161 term of oflfice of said Janitor shall be two years and until the election Janitor, and qualification of his successor. Sec. 497. Ko officer of said city who handles or controls any of o^eers not to the funds of said city shall, during his term or continuance in office, ^'^"'^ security, become surety, guarantor or indorser on any bond, note or other obli- gation for any person, or persons, or company, or corporation. Any officer of said city violating this ordinance shall be subject to removal or suspension, in the discretion of the General Council of said city. Sec. 498. It shall be unlawful for any board, officer or department of said city to vote or expend or incur liability or obligation for any Annual appro- amount in excess of the annual appropriation made by the Mayor and b" ^ exceeded. ° General Council of said city to or for such board, officer or department for any year. It shall be unlawful for any committee of Council or the head of any department to approve for payment any bill, account, order or resolution, except it be drawn and approved for payment out of some fund appropriated for expenditure in the manner covered thereby and remaining unexpended, and it shall likewise be unlawful _ for the City Comptroller to draw, or the Mayor to approve, or the City Treasurer to pay any warrant not drawn on some fund so appropri- ated and remaining unexpended; that is to say, no moneys appropri- ated for expenditure in any department shall be paid out on bills, ac- counts or other liabilities originating in said department, except for the particular items of expenditure for which they were appropriated. Sec. 499. The city shall in no event be liable for the payment of ofgcers etc., any amount voted, expended or incurred, by or through any board, imountl°nie- officer or department of said city, to any such board, officer or depart- f^"^ expend- ment, but any member or members of such board or department, and any officer of said city participating and aiding in such illegal expend- iture, liability or obligation, shall be individually liable to the city for the same in case of such illegal expenditure made, and shall be indi- vidually liable to the person or persons contracted or dealt with in case of any such illegal liability or obligation incurred. Sec. 500. Any member of a board or department of said city or any v/ ./ Cause for rc- officer thereof who shall participate and aid in any such illegal expend- movai. iture, or in the attempted incurring of any such illegal liability or ob- Apr. s. isoo. ligation, shall be removed from office or service under said city. Sec. 501. It shall be unlawful for any officer or employe serving in any of the departments of the City of Atlanta to loan money to the ^ ^^.^^^^ ^^ ^^^^ hands or employes of such department, or the hands or employes of ^[JlJi'ers.^tc"^! any other department, or to charge for obtaining credit for any such. i""'"'^'ted. hand or employe, except that loans may be made in cases of emer- ■^"'"' ^" '^^'^^' gency requiring the same; when such accommodations are made in emergencies, if not made voluntarily, without charge, they shall be made for only such charge or interest as may be reasonable, the time and amount advanced considered. It shall be unlawful for anv (12) 162 Part III. — Oedixaxces. officer, serving in any of the departments of the City of Atlanta, to lend money to the hands and employes of the departments un- der which said officer serves, at other than the legal rate of interest, and it shall be unlawful for the officer whose duty it is to pay off said hands, to deduct the amount so loaned from the pay of said hands. Any and all such accommodations or advances made, to- loans tf ''em^ gether with interest or charge for the same, shall be reported by the ute± '"'^' officer or person in charge, making the same to the head of the depart- ment, or if made by the head of the department, shall be reported to the chairman of the proper committee of the General Council; such reports to be made monthly, and all such reports to be filed with the Mayor; and the chairman of each department and the Mayor shall be charged with the duty of seeing that the spirit of this ordinance is complied with, and that no business or practice shall be carried on of Usury forbid- . den in loans to making loaus by officers or employes to other employes of the city, but that only accommodation loans in emergencies and for proper charge and interest shall be made or allowed; but in no event shall any charge for obtaining credit be made or allowed. Sec. 502. Any officer or employe of the city government violat- ing the foregoing section shall, on conviction thereof, be punished by vfolation^"' a fine of not exceeding one hundred dollars, or imprisonment not exceeding thirty (30) days, either or both in the discretion of the Eecorder's Court, and shall also be dismissed from the service of the city. Sec. 503. Any company, with a paid up capital of not less than Fidelity insur- two liuiidred aud fifty tliousaud ($250,000) dollars, incorporated and nies may be- Organized uudcr the laws of Georgia or any other State of the United come sureties r^i i^ i i p • i • on official States, or any foreign State, for the sole purpose ot transacting busi- bonds of city • " -^^ oi-ip officers and r^css of fidelity insurance, as surety on or guarantor of bonds of per- others— under .; 7 ./ o 1 what circum- gons or Corporations, and which shall have complied with all require- A r 2 1888 ™^^^s of law for liccuse to, aud the transaction of business by such But see next Companies in Georgia, may, upon proper proof thereof and upon pro- bondsV^con- ^uction of evidence of solvency and credit satisfactory to the ]\Iayor, tractors. Judge, Committee of Council, head of department, or other officer or officers in and of said City of Atlanta, authorized to approve and accept bonds, be accepted as surety on, or guarantor of any bond or bonds of any person or corporation now or that may be required by any law, ordinance, or other regulation in or of said city, to execute a bond in lieu of any surety or sureties, security or securities as now required by any law, ordinance or regulation aforesaid. And such company may be released from its liability on the same terms and conditions as are by law prescribed for the release of individuals, it being the true intent and meaning of this ordinance to enable cor- porations created for that purpose, to become the surety on or guar- antor of any and all lioiids r('(|uired Ijy the laws, ordinances, or regu- Part III. — Ordinances. 163 lations of said City of Atlanta, subject to all the liabilities and rights of private persons in respect of any one of such bonds. Sec. 50-i. From and after this date all bonds for the performance of contracts shall be signed only by persons owning real estate in f^°".j| Ji^Tne'd''' Georgia; except that fidelity and security companies, of approved and o^iy^^^ht^'^own imdoubted solvency (to be determined by the officer or other party Gewgla!^*^ "* taking or approving the bond), may be taken as surety and the solesept. 19, isss. surety upon all bonds, official or otherwise, that under the charter Bonds of sure- or ordinances of the City of Atlanta, or under the general laws are accepT^.*"'^^ required to be given either to the City of Atlanta or to the Mayor and .luiy 21, i896. General Council of the City of Atlanta, or to the Mayor of said city, or to any officer or departments of said city, or to any officer or head of said departments of said city. Sec. 505. No member of the General Council, Mayor, Alderman or Councilman, from and after this date, shall become a surety on the man and coun- . . oilman not to bond of any city official, or contractor for city work. A violation of be surety on •J ^ ' •> any bond to this section shall subject the city official to dismissal from office, or city- ^ ^^^_ •' -' Apr. 4, 188 1. a new bond shall be made without anv Councilman or Alderman as Dismissed from office for vio- surety thereon. lation. Sec. 506. The Mayor, members of the General Council, the Re- corder, the City Attorney and his assistant and members of the j^j^ ^^ ^ggg Board of Police Commissioners, are prohibited from defending orjj^^ ^^^^^^ aiding in the defense of persons charged with the violation of the !!Xe"n.^ '"''^'^^ laws of Georgia. This ordinance . does not apply to cases in whicli either of said officers had been employed before its adoption, [nor to '^'"'' "'^' the defense of prisoners in State cases where the officers or members of the police force are not real prosecutors or chief witnesses against the party charged.] Sec. 507. It shall not be lawful for any person holding a i)osilion or office under the citv government of Atlanta, to whom a salary or shaii not as . , ■, • 1 • ... 1 . counsel repre- compensation is paid by said city, to institute or bring as attorney, sent suits, any suit or legal proceedings against said city. ISTor shall any such the 'city, person hereafter, during his continuance in any such position or office, Mar. 4, is89. become employed as attorney or counsel in any matter or cause ad- versely to said city. Sec. -508. It shall be the duty of all officers connected with the city government, whether appointees of any board or otherwise, to pay collections over to the Tax Collector the same day on which it is collected, all "^"r*" daiiy"™^*^ money which they collect for the city. And each individual sum of "■^*^"^'«''- money shall be collected and reported to the Comptroller in conform- *^^'^' ' ^^^^' ity with the coupon system. Any person violating this section may be punished by dismissal from office, in the discretion of the Mayor and General Council. Sec. 509. The hours of keeping the city offices open for the public, office houi-s. shall be from eight o'clock a. m., to five o'clock p. m., each day, except '^^^' '' ^^^'' 164 Part III. — Ordixaxces. on the last day of paA-ing quarterly licenses and general taxes, when the offices of the Clerk, Tax Assessors and Tax Collector, shall be kept open until eight o'clock p. m. ; provided, that nothing herein contained shall be so construed as to relieve city officials and employees from the duty of remaining in their respective offices until the current office hour^for^c^os- "^^'o^k for the day shall have been completed. x4.nd from the first day saturdfys^.^ °^ of ^^SLj, to the first day of September the city offices shall be closed May 4, 1899. ou Saturdays at two o'clock p. m. Should the last day for paying city taxes, licenses or water bills fall on Saturday during said period, then the books shall be kept open on the following ]\Ionday for coliect- ing such city taxes, licenses or water bills. Sec. 510. It shall be unlawful for any person holding a position of emolument, appointed by the President of the United States, or bv Office holding > L V J > . regulated- the Govcrnor of the State of Georgia, or election by the people, to prohibited. occupy Or liold the position of Mayor, Alderman, or Councilman of the City of Atlanta, or any other office of emolument in said city government, whether said office be by election or appointment, during the time he holds said Federal, State, or county office. Sec. 511. Xeither the Mayor, Aldermen nor Councilmeu, nor any Aug. 1, 1895. ^ny other officer of said cit}^, who by virtue of an election by the peo- ple, or appointment by the Mayor, or the Mayor and General Council, or General Council, or by its authority, holds said office, shall be eligi- ble to hold any other office of trust, honor, or emolument in said city government, nor shall they, or any other person, be eligible to member- ship on more than one of the boards of said city at the same time, nor shall any member of the General Council be a member of any board under said city government, otherwise than as provided for in the charter of said city. Sec. 513. The acceptance by the Mayor, or any member of said General Council, or any other officer of said city government, of any position of trust, honor, or emolument in the Federal, State or county governments, shall immediately create a vacancy in the office he holds in said city government, whether held by election or appointment, which vacancy shall be filled as provided by law. Sec. 513. Any person holding any position in the city government of Atlanta, either by election or appointment, who shall accept any nSti^i ex^^^ other position in said city government, which is filled by election or charter.''^ See appointment, shall forfeit the office he holds at the time of acceptance Sec. 61(a). ^^^ ^^^.^ ^^^^^ office, the true intent and meaning of this ordinance being to prohibit any person from holding more than one office at the same time under said city government, or holding any office under said city government, while holding any other office under the United States, State, county or city governments. Sec. 514. The provisions of this ordinance shall not apply to See Sec. 01 (a). Part III. — Ordinances. 165 cases provided for in the charter of said citv, and this ordinance shall see sec. oi(a). go into operation on January 1st, 1896. Sec. 515 This ordinance shall not affect the title of any member of the Council now holding office as to any other office or position on ^"^' ^^' "^^^^' any of the boards now held by him, nor that of any member of any of the boards now in office. Sec. 516. It shall not be lawful for the officers of the City of At- lanta, charged with the duties of auditing and paying bills or accounts city ofHoers against the city, to audit, allow, or pay any bill or claim for witness not to be paid ° •" ' > i J J for attendance fees in favor of any officer of the City of Atlanta, or any department as witnesses. of the city government, or any employe of the city government, or any department thereof, in any case to which the City of Atlanta is a party, plaintiff or defendant, and when the officer or employe serves as witness is already paid a salary or per diem wages equal to or greater than the witness fees allowed by law, and where such officer or employe has not lost time or been docked in his regular pay for the loss of time, which would otherwise have been paid for, by reason of his attendance at court as a witness for or against the city in any such ease. Sec. 517. Any auditing or accounting officer, or any officer of the city government charged with the duty of paying bills or claims ^'S-ovaf ot"^ against the city, who shall violate the provisions of the foregoing sec- j^ated. '''^''' tion, shall be subject, on conviction thereof before the Eecorder's ott. 29, 1895. Court, to punishment by fine not -exceeding one hundred dollars, or imprisonment not exceeding thirty days, either of both of said pun- ishments in the discretion of the court; provided, that it shall be law- ful for any such auditing or paying officer of the city government to audit or pay any such bill or claim in any case in obedience to an order of the Court having jurisdiction thereof, and in such case no penalty shall follow obedience to the order of the Court. Sec. 518. The salaries of the ministerial officers of the City of „ . '' Naming- sala- x\tlanta, to be elected by the people on the first Wednesday in Decem- lln °ffi™ra'**^' ber, 1898, to serve for the years 1899 and 1900; also salaries of officers eimber/"s98!" appointed by the Mayor, or elected by the General Council during the ''■" t»»e 'people, years 1898, are fixed as follows : The amount fixed in each case being 2^^ isor!^ °'"'" annual salaries, payable in montlily installments, to-wit : Mayor $2,500 00 City Tax Assessors 1,800 00 Clerk of Council 2,400 00 Deputy Clerk of Council 1,500 00 City Marshal 2,000 00 Deputy City Marshal 1,200 00 City Comptroller 2,500 00 Assistant City Comptroller 1,500 00 166 Part III. — Ordinances. City Attorney 2,500 00 Assistant City Attorney 1,800 00 City Engineer 2,500 00 First Assistant City Engineer 1,800 00 City Tax Collector 2,400 00 Assistant City Tax Collector 1,500 00 Chief Clerk 1,200 00 City Treasurer 1,000 00 City Sexton 1,200 00 Commissioner of Public Works 2,400 00 City Electrician 1,200 00 Naming saia- Sec. 519. TliB Salaries of the two public weighers next to be ap- ries of public weighers next pointed is hereby fixed at six hundred dollars each per annum, paya- to be appoint- r -^ ed- ble in monthly installments. Part III. — Ordinances. 167 CHAPTER XI. BUILDING INSPECTORS AND BUILDING REGULATIONS. Elpction. Duty. Dangerous walls— removed. Compensation. One building inspector. Building plans to be submitted to him. Inspector's oath and bond. Inspector's oflace— records, duties and penalty for non-performance. Duty as to lots, foundations, etc. Repairs, etc., to be inspected. Materials prescribed for inner firo lim- its — penalty. Disposition of burned frame buildings in fire limits. Height of stories. Thickness of walls in business buildings. Meaning of business building. "Store"— includes what. Basements and first stories distinguished. Height — how measured. When height of building is to be in- creased. Thickness of walls in buildings with trussed roofs. Less thickness where buttresses are used. Backings of curbstone facings. Use of party walls. Thickness of walls in brick stores or dwellings. Fire walls above roofs in houses more than two stories high. Side and rear walls above roofs in busi- ness buildings over two stories high. Chimnej'S — thickness of walls and height above roof. Flues — how arranged. Foundation of chimneys. Foundations of masonry. Thickness of piles used for foundation. Piles — one row for wall not over twenty feet high. Headers in brick walls. Hollow walls — used how. Cutting walls and supports. Openings in party walls. Section. 556-557. Timber, beams and girders. 558-559-560. Piers. 561. Columns. 562. Balking. 563-564. Tar, etc., not e.xposed. 565. Windows — not above sidewalks. 566. Appendages. 567. Skylights. 568. Leaders. 569. Cornices, etc. 570. Roof scuttles. 571. Metallic standpipes. 572. Beams, etc., not too near flues. 573. Floors. 57-t. Hearths. 575-576. Joists — how supported. .577-578-579. Unsafe buildings — inspector's pow- er as to. 580. Alterations. 581. Good brick for walls. 582. Recesses, etc. 583. Materials, other than brick, etc. 5Si. Partitions. 585-586. Stairways and hoistways. 587. Fireproof shutters. 588-589. Fire escapes. 590. Board of Fire Escapes. 591. Penalty for not erecting. 592. Repairs. 593. Fire proof vaults in mills, etc. .594-=ift5. Floors under stoves and boilers. 596. Steam pipes. 597. Awning frames. 598. Right to inspect. 599. Additions regulated. 600. Exits. 601-603. Elevators inspected. 60-t-605. Chimne3-s further regulated. 606. Furnaces, etc. 607. Penalty. 608. Workmen protected by floors. 609. Permit to build or change. 610. Description of building— sewerage. 611-612. Penalty. 613. Duty of Building Inspector as to records. Section 520. Three freeholders, residents of said city, shall be elected at the meeting when the other city officers are elected or at any subsequent meeting in each year, as Building Inspectors for the City of Atlanta, and shall hold their offices for the term of two years, or until their successors are elected and qualified.^ Sec. 521. It shall be the duty of the Building Inspectors, in con- nection with the City Surveyor, to inspect all buildings or walls locat- ^"*y- ed on the various streets, lanes or alleys of said city monthly, and One Inspector takes the place of these under later legislation. 168 Pakt III. — Ordinances. Dangerous walls. Compensation. Office of Build- ing Inspector created. Election. Salary. when they shall be requested by the Mayor, and to report the result of such investigation to the Mayor and General Council.' Sec. 532. The Mayor and Council shall, if such buildings .or walls, or any portion thereof, located on any street, lane or alley is reported to be dangerous, order the owner or agent thereof, or in the discretion of the Mayor and Council, the owner or agent of the lot upon which the said building or wall may be erected, to have the same taken down, or rendered secure. If such owner or agent shall fail or refuse ko to do, after reasonable notice, to be judged of by said Mayor, shall pro- ceed to have the same taken down, or rendered secure, at the expense of such owner or agent; such expense to be collected by execution against such owner's property, to be issued by the Clerk of Council. Sec. 523. Said Inspectors shall receive such compensation for actual service as the Mayor and General Council may direct. Sec. 534. The office of Inspector of Buildings is hereby created. He shall be elected on the first Monday, July, 1895, and hold office imtil the first Monday in July, 1897, at which time his successors shall be elected for two years, and bi-ennially thereafter. The salary of said Inspector shall be eighteen hundred ($1,800.00) dollars per annum, and he be required to furnish a horse and buggy. Such Inspector of Buildings shall be a practical architect, builder or civil engineer, who has been engaged in the active duties of his occupation for at least ten years. Sec. 535. When any person or persons or corporation shall be desir- ous of erecting, repairing, changing or altering any building, buildings or structure, within the limits of the City of Atlanta, he or they shall make application at the office of Inspector of Buildings for a pei'mit for that purpose, and shall furnish said Inspector with a written statement of the proposed location, dimensions and manner of con- struction of the proposed building, buildings or structure, and the materials to be used, and with plans and specifications of the proposed building, buildings or structure, which shall be delivered to said Build- ing Inspector, and remain in his custody a sufficient length of time to allow the necessary examination to be made of the same, and if re- quired by the Inspector, a copy of said plan and specifications shall be filed in the office of said Inspector of Buildings. After which, if it shall appear to said Inspector that the laws and ordinances of the city are complied with, he shall give the permit asked for. Blank forms for the detailed statement, as herein required, may be obtained at the office of the Inspector of Buildings for applicants to fill out, describing location of the proposed structure, number and height of stories, dimension of joists and timbers and distance apart, dimensions of supporting iron work (if any), for wliat i)urpose the luiilding. Notice of pro- posed erection of, or repairs to, buildings must be given to Building Inspector. Plans must submitted. Sections 1884 and 1885 for duty as to billboards. Part III. — Ordinances. 169 buildings or structure is designed, and such other information appli- cable to the proposed improvement, which statement, so properly illled out, the owner or owners, his or their architect or agent, shall sign the agreement contained in said detailed statement, that he or they will in all respects construct the work in accordance with such detailed statement, plans and specifications, and in compliance with the laws and ordinances of the City of Atlanta, and it shall not be lawful to proceed to construct, alter or repair any building, buildings or struc- ture within the limits of said City of Atlanta without such permit. Sec. 526. The Inspector of Buildings shall, before he enters upon the duties of his office, take and subscribe an oath before the City Clerk to faithfully and impartially execute the duties of his office and see that all buildings erected Avithin the city are built in accordance with the laws and ordinances relating thereto, and shall give a bond in the sum of $1,000.00, with two or more sufficient sureties to be approved by the Mayor, conditioned for the faithful performance of his duties. Sec. 527. The said Inspector shall keep an office in the City Hall, or such other place as shall be provided by the City Council, where it ^^L^^^^f" shall be the duty of said Inspector to keep a record of all permits issued, which shall be regularly numbered in the order of their issue, and also a record of the 'statements upon which permits are issued. ^^^ ^j^^.j ^^^ Inspector's of- He shall also keep a record of, and report to the City Council on the report" fo city 31st day of December, each year, a full and complete register of the *^"°™''"- number, description and size of every building erected in the city during that year (his term of office), of what material constructed, with the aggregate number, kind and cost of all buildings. And it is also made the duty of said Inspector, upon being served with a notice, requiring him to visit and inspect any building in progress of erection or construction, to do so; and if said Inspector shall fail or neglect to attend, within twenty-four hours after notice served for that pur- pose, he shall forfeit and pay the sum of $30.00 for each and every day he shall so fail or neglect to attend beyond twenty-four hours, which penalty shall be recoverable by action, in the name of the City of At- lanta, for the use of the owners, contractor, or contractors of said building. Sec. 528. It shall be the duty of every Inspector appointed under the provisions of this ordinance, to visit and inspect each or anv house shaii inspect •^ -^ houses in pro- or houses, building or buildings, which may be in the course of erec- ^ess of con- - ^ ° '' struction. tion, construction or alteration, within the limits of the city, and to see that each house or houses, building or buildings are being erected, constructed or altered according to the provisions of this ordinance, and all Acts and ordinances in force in said city, and the manner adopted for the security thereof against fires, and the safety of the occupants; that the materials used are suitable for the purpose (and that the work is done in a substantial and workmanlike manner), and 170 Part III. — Ordinances. is of sufficient strength and solidity to answer the purpose for which it is designed; and before foundations are laid, he shall examine the trenches dug for the same, and be fully satisfied tliat the soil or sub- ."^tratum is sufficient for the structure, or at least the best that can be obtained. And should the nature of the soil be such, and the work of sufficient magnitude as to require piling, the same should be done; provided,, that it may be deemed necessary by the Inspector that his visits and inspection shall be repeated from time to time during the erection, construction or alterations of such house or houses, building or buildings, until the walls shall have been completed and the same inclosed, when his duties shall terminate. He shall, on application tacate?^^ '^^'^ for that purpose, furnish the owner or owners, contractor or contrac- tors, his certificate that the said house or building is in all respects conformable to law and properly constructed. Sec. 529. It shall not be lawful for any person or persons to erect, construct or build, or cause to be erected, constructed or built, any No person shall erect or brick, iron, granite, marble or stone house or building, or any house alter any house ^ ^ o <_ ./ unless same shall be in- or building composed partly of brick, iron, granite or stone, or to alter spected. giiij sucli buildiug SO as to make it substantially a new building, unless the same shall have been inspected from time to time by the Inspector of Buildings, and a certificate furnished by him that the said house or building is properly constructed, and in all respects safe and secure ; and should said Inspector award such certificate to any person or per- sons for any house or building not constructed according to the pro- visions of this ordinance, the bond given by such Inspector shall be declared forfeited, and the whole principal sum therein named shall become due and payable, and such Inspector shall be forthwith dis- missed from office by the City Council, and the vacancy thus created filled ; and the said principal sum shall be collected by due process of law, and the same held to the use of any person or persons, either in an individual or corporate capacity, who may be injured or sustain any damage thereby. Sec. 530. Xo person or persons shall erect, or cause to be erected, within the fire limits of the City of Atlanta, as now esta])lished l)y jMateriai for crdiuauce or hereafter may be established by ordinance, any building building- with- "^ •' ^ . o in the fire lim- or addition to a building, the outer walls of which are not composed Its — how. re- . ■ paired or re- eutirclv of brick, stonc, mortar, iron or other incombustible material. built after fire •■ ^ ■> ■> violation'^'' ^o"" Evcry building erected or built as aforesaid shall be covered or roofed with slate, tin, zinc, copper, iron or other equally fireproof roofing, and if any building within the limits aforesaid shall be destroyed to liu' extent of one-half tbereof, it shall be unlawl'iil to rebuild the same unless the outer walls and roof of tlic portion rebuilt sliall be com- posed entirely of incombustible materials. Any person who shall violate any of the provisions of this section shall forfeit and jiay the sum of twenty dollars, and the further sum of l(,'n (h)llars for each day Part III. — Ordinances. 171 the same shall be permitted to remain without being made to conform to the laws and ordinances of the city ; such building- shall be a public nuisance. Sec. 531. Whenever any frame building, within the fire limits, shall have become damaged by fire or decay, the extent of which, in uumT'iT^me °^ the judgment of the Inspector of Buildings, exceeds fifty per cent, of In 'fire ^LTits.'' the value of such building, if the owner of such building objects to the conclusion arrived at by said Inspector, the Inspector of Buildings shall notify the Chief of the Fire Department and the City P]ngineer, and they shall make an examination of the building, and make a report to the Inspector as to the amount of damages. Whenever such building shall be adjudged by such arbitrators to have been damaged by fire or decay, to the extent of fifty per cent, of its value, such build- ing shall be condemned by the Inspector of Buildings, and it shall be unlawful, as aforesaid, to repair the same. Sec. 532. The height for stories for all given thickness of walls must not exceed 11 feet in the clear for basement, 18 feet in the clear ries. for first story, 15 feet in the clear for second story, 13 feet in the clear for third story, 13 feet in the clear for fourth story, and 14 feet in the clear average height of upper story; if any story exceeds these heights respectively, the walls of such story, and of all the stories below the same, shall be increased four inches in thickness additional to the thickness hereafter mentioned. 172 Part III. — Ordixaxces. Sec. 533. In accordance witli the foregoing provisions, all walls ™*?°waiis^n ^0^ business buildings shall be of the thickness designated in the fol- bjismess build- lowing table : ENCLOSING WALLS. I ? § S « £ !K H One story high 12 8 Two stories high 16 12 12 Three stories high 16 16 12 12 Four stories high 2U 20 16 16 12 Five stories high 24 20 20 16 16 16 Six stories high 24 20 20 20 16 16 16 Seven stories high 24 20 20 20 20 16 16 16 Four, less than 100 feet 20 16 16 12 12 Five, less than 100 feet 24 20 16 10 16 12 Six, less than 100 feet 24 20 20 16 16 16 12 Seven, less than 100 feet 24 20 20 20 16 16 16 12 DIYISIOX WALLS IX BUSINESS BUILDINGS. For three-story buildings 16 12 12 12 For four-story buildings 20 16 16 12 12 For five-story buildings 24 20 20 16 16 16 For six-story buildings 24 20 20 20 16 16 16 For seven-story buildings 24 20 20 20 20 16 16 16 For five-story, less than 100 ft.... 20 20 16 16 16 12 For six-story, less than 100 ft.... 24 20 20 16 16 16 12 For seven-story, less than 100 ft. .24 20 20 20 16 16 12 12 FRONT AND REAR WALLS. Of four-story buildings 20 16 16 12 12 Of five-story buildings 20 20 16 16 12 12 Of six-story buildings 24 20 20 16 16 12 12 Of seven-story buildings 24 20 20 20 16 16 12 12 PARTITION WALLS IN BUSINESS BUILDINGS. For one story 12 8 For two stories 16 12 12 For three stories 16 12 12 12 For four stories 20 16 16 12 12 For five stories 20 20 16 16 12 12 For six stories 24 20 20 16 16 12 12 For seven stories 24 20 20 20 16 16 12 12 I'aut hi. — Okdinances. 173 Sec. 534. The term "Business Buildings" shall embrace all B^ginggg ^uiid- buildings used principally for business purposes, thus including,'"'''^- among others, hotels, theatres and office buildings. Sec. 535. The terms "Wholesale Store" or "Storehouse" shall storohouses. embrace all buildings used (or intended to be used) exclusively for purposes of mercantile business or storage of goods. Sec. 536. A basement story of any building is defined as a story whose floor is twelve inches or more below the sidewalk, and whose ''^*^™™ • height does not exceed eleven feet in the clear. All such stories that exceed twelve feet high shall be considered as first stories. Sec. 537. The height of all buildings for the purposes of this Height, how ordinance shall be taken from the grade of sidewalk to a point half way from the lowest to the highest part of the roof. Sec. 538. Whenever it is sought to increase the height of any building beyond the height for which the original permit was granted, waiis strength- tlie thickness of the walls thereof shall also be increased in accordance with the above table. Sec. 539. The outside walls of rooms having trussed roofs or ceil- ings, such as churches, public halls, theatres, dining rooms or the like, ™^s^°of bu^d- If more than fifteen or less than twenty-five feet high, shall average [rulsed'^^ro^ofa. at least sixteen inches; if over twenty-five feet high, at least twenty inches; if over forty-five feet high, at least twenty-four inches in tliiekness. An increase of four inches in thickness shall be made in all cases where tlie walls are over one hundred feet long, unless there are cross- walls of equal height. Sec. 540. If solid buttresses are employed, with a sectional area of three hundred or more square inches, placed less than eighteen feet apart, and extended to or nearly to top of walls, four inches may bo deducted from the thickness of any wall having such buttresses. Sec. 541. Cut stone facings of walls shall be backed up with brick- work of same thickness required where no cut stone is used. In cases stone^fadngT where the cut stone is in a great measure self-supporting, four inches less thickness of brick backing may be used. Ashler fronts, properly bonded to the brickwork, may have backing same as self-supporting stone fronts or walls. Sec. 542. Any party wall now existing that shall have been built p^^y ^a„g conformable to the requirements of any law regulating the construe- fn^^ertain""^ tion of such walls, and in force at the time of such construction, if ^^''''■ sound and in good condition, may be used in the construction of any adjoining building: provided, however, that no brickwork shall be placed on such wall to give additional height to the wall, unless the thickness of such additional wall and the thickness of the old wall in each story shall at least equal the thickness required for division walls. This section shall apply in all cases where it is desired to add addi- tional height to any business building. In case of outside walls of 172 Part III. — Ordixaxces. Sec. 533. In accordance witli the foregoing provisions, all walls bHd^wln^^in ^0^ business buildings shall be of the thickness designated in the fol- busin ings. business build- lowing table : ENCLOSING WALLS. One story high 12 8 Two stories high 16 12 12 Three stories high 16 16 12 12 Four stories high 20 20 16 16 12 Five stories high 24 20 20 16 16 16 Six stories high 24 20 20 20 16 16 16 Seven stories high 24 20 20 20 20 16 16 16 Four, less than 100 feet 20 16 16 12 12 Five, less than 100 feet 24 20 16 16 16 12 Six, less than 100 feet 24 20 20 16 16 16 12 Seven, less than 100 feet 24 20 20 20 16 16 16 12 DIYISIOX WALLS IX BUSIXESS BUILDINGS. For three-story buildings 16 12 12 12 For four-story buildings 20 16 16 12 12 For five-story buildings 24 20 20 16 16 16 For six-story buildings 24 20 20 20 16 16 16 For seven-story buildings 24 20 20 20 20 16 16 16 For five-story, less than 100 ft.... 20 20 16 16 16 12 For six-story, less than 100 ft.... 24 20 20 16 16 16 12 For seven-story, less than 100 ft. .24 20 20 20 16 16 12 12 FROXT AXD REAR WALLS. Of four-story buildings 20 16 16 12 12 Of five-story buildings 20 20 16 16 12 12 Of six-story buildings 24 20 20 16 16 12 12 Of seven-story buildings 24 20 20 20 16 16 12 12 PARTITIOX WALLS IX BUSIXESS BUILDIXGS. For one story 12 8 For two stories 16 For three stories 16 For four stories 20 For five stories 20 For six stories ''4 For seven stories 24 12 12 12 12 12 16 16 12 12 20 16 16 12 12 20 20 16 16 12 12 20 20 20 16 16 IZ 12 Part III. — Ordinances. 173 Sec. 534. The term "Business Buildings" shall embrace all pusinggg jjuiid- Ijuildings used principally for business purposes, tlius including, '"^^• nmoug others, hotels, theatres and office buildings. Sec. 535. The terms "Wholesale Store" or "Storehouse" shall storehouses, tnibrace all buildings used (or intended to be used) exclusively for purposes of mercantile business or storage of goods. Sec. 536. A basement story of any building is defined as a story w hose floor is twelve inches or more below the sidewalk, and whose ''^^'"'^" • height does not exceed eleven feet in the clear. All such stories that exceed twelve feet high shall be considered as first stories. Sec. 537. The height of all buildings for the purposes of this Height, how ordinance shall be taken from the grade of sidewalk to a point half Avay from the lowest to the highest part of the roof. Sec. 538. Whenever it is sought to increase the height of any hiiilding beyond the height for which the original permit was granted, waiis strength- iJie thickness of the walls thereof shall also be increased in accordance with the above table. Sec. 539. The outside walls of rooms having trussed roofs or ceil- ings, such as churches, public halls, theatres, dining rooms or the ^ike, ™ekness^of^^ if more than fifteen or less than twenty-five feet high, shall average ["ffged^^ro^ofe at least sixteen inches; if over twenty-five feet high, at least twenty inches; if over forty-five feet high, at least twenty-four inches in thickness. An increase of four inches in thickness shall be made in all cases where tlie walls are over one hundred feet long, unless there are cross- walls of equal height. Sec. 540. If solid buttresses are employed, with a sectional area of three hundred or more square inches, placed less than eighteen feet apart, and extended to or nearly to top of walls, four inches may bo deducted from the thickness of any wall having such buttresses. Sec. 541. Cut stone facings of walls shall be backed up with brick- Avork of same thickness required where no cut stone is used. In cases stone°fadng*s" where the cut stone is in a great measure self-supporting, four inches less thickness of brick backing may be used. Ashler fronts, properly bonded to the brickwork, may have backing same as self-supporting stone fronts or walls. Sec. 542. Any party wall now existing that shall have been built party waiis conformable to the requirements of any law regulating the construe- """^ ^^ "^^"^ tion of such walls, and in force at the time of such construction, if sound and in good condition, may be used in the construction of any adjoining building: provided, however, that no brickwork shall be placed on such wall to give additional height to the wall, unless the j thickness of such additional wall and the thickness of the old wall in i each story shall at least equal the thickness required for division walls. I This section shall apply in all cases where it is desired to add addi- tional height to any business building. In case of outside walls of in certain cases. 174 Part III. — Oedixaxces. Brick stores and dwellings — thickness of walls. Exceeding two stories high, all buildings vnth flat roof to have fire walls above roof. any business building being built against the wall of any old building (not being a party wall) the new wall shall be of the same thickness required for outside walls in such building. Sec. 543. Buildings having the first story, or basement and first story designed for business purposes, and the upper stories for dwell- ings, the first floor being not more than thirty inches above grade of sidewalk, shall have walls of brickwork of the thickness as follows, to-wit : for two-story and basement buildings, the basement and first story walls, twelve inches; second story, eight inches; for three-story and basement buildings, basement wall, sixteen inches; first and sec- ond stories, twelve inches; third story, eight inches; for four-story buildings, the basement wall, twenty inches ; first story, sixteen inches ; second, third and fourth stories, twelve inches. When built in blocks of two or more buildings, the division walls in three-story buildings may be twelve inches in basement, and in four-story buildings they may be sixteen inches in basement. Sec. 544. All dwelling houses, including those having first story used for business purposes, and all other buildings that are used, more than two stories high, having flat roofs, shall have all the Avails (except front walls) extended sixteen inches above the roof, and not less than eight inches thick; to have proper copings of incombustible materials; double pitched roofs to have their division and side walls carried up, forming fire walls in same manner; walls at the eaves of all roofs (except flat roofs) shall be carried up their full thickness flush with upper edge of the rafters of roof, and the sheeting boards shall be bedded in mortar on such walls. Sec. 545. Business buildings more than two stories high, having flat roofs, shall have their side and rear walls carried up two feet above the roof; division or party walls, four feet above, forming fire walls not less than twelve inches thick, to have copings of incombustible materials; front walls may terminate flush with the upper surface of sheeting of roof. Division and party to extend through mansard or other steep roofs not less than sixteen inches, and having copings same as other fire walls.' Sec. 546. No chimney shall be built with less than four-inch walls and no chimney top shall be less than five feet above the roof (for flat roofs) and two feet above the ridge of any pitched roof. Ordinary flues in business buildings shall have walls and eight-inch jams; flues larger than two hundred and fifty square inches and less than five hundred square inches shall be surrounded with walls not less than eight inches thick; the walls of such flues, above the inlet funnel, shall be twelve inches thick for the first fifteen feet around and above such inlet; tops of such chimneys to be at least eight feet above the Walls carried up two feet above roof, when. Brick chim- neys—height above roof — thickness of walls — flues. The word "Walls' section. evidently should folk last sentence of this Part III. — Ordinances. 175 roof, or five feet above the highest part of the roof within fifty feet of such chimney. Flues with more than five hundred or less than eight hundred inches area shall have not less than twelve-inch walls for the first thirty-six feet, and sixteen-inch walls opposite the inlet and ten feet above the same; top of chimney ten feet above the roof or seven feet above the highest part of the roof within fifty feet of such chimney; provided, that all chimneys having walls less than eight inches thick shall be plastered on the brick or be covered with metallic lath or wire cloth before plastering. All stove flues shall be construct- t,d of hard burned brick, and shall be not less than sixteen inches thTbuiiding of square from base to a point six inches above the roof line, lined with fire clay piping, not less than twenty-four inches long, flue to be thor- " oughly plastered inside and hung on iron stirrups of new iron bent to come flush with the bottom of ceiling joist, not less than one-fourth of an inch by one and three-fourth inches. No flue to be less than five feet high, and higher should the Building Inspector deem it necessary for the safety of the building. Sec. 547. The provisions of the foregoing sections as to the thick- ness of walls pertaining to chimneys shall be appicable only to such Fiues in party chimneys as are part of or situated in any building. Flues in party walls shall not extend beyond the center of the wall; joint flues in party walls shall be separated by a four-inch "width" of fire brick their entire height. Sec. 548. Any chimney not forming a part of a wall shall rest upon the ground with proper foundation, and in no case shall any f^°""fj?^^°gyg chimney rest on or be supported by framework, beams or posts of woodwork of any description. Sec. 549. Proper foundation or masonry shall be prepared for the support of buildings, and no foundation shall be less than two feet for"bunding3. below the exposed surface of the ground, and in no case sliall any foundation rest on any filling or made ground. The breadths of the foundations of the several parts of any building shall be proportioned so that, as nearly as practicable, the pressure shall be equal on each square foot of the foundation. Cement mortar shall be used in the masonry of all foundations exposed to dampness. Sec. 550. Piles driven for a wall to rest upon shall be not less „., , '^ Piles, how reg- than eight inches in diameter at the smallest end, and shall be spaced "lated. not more than three feet on centres in the direction of the length of the wall, and nearer, if required by the Inspector. The Inspector shall determine the grade at which piles shall be cut off. Sec. 551. Walls not exceeding twenty feet in height, wliere piling is necessary, may rest on a single row of piles, if deemed advisable by the Inspector; walls exceeding twenty feet in height shall rest on not less than two rows of piles. Extra piles shall be driven where requir- ed liy the Inspector. 176 Part III. — Oedixaxces. Sec. 553. In brick walls every seventh course shall be headers. fo^'be^heaTn'^ ^^^ ^^^ ^^^^s shall be smoothly plastered or have struck joists. ^Yalls Proliibiting wooden lintels and columns under brick walls. Aug. 3, 1897. Hollow walls, when and how used. Cutting walls and supports. Openings in party walls. Timber in brick build- Beams and girders. sjhall be securely anchored to the timbers and joists resting upon them, and it shall be unlawful to support any brick or stone wall, piers or abutment, upon wooden lintels, girders or columns in connection with a building more tlian one story in height. Sec. 553. Hollow walls, not bearing walls, may be used ia all cases: but all hollow walls shall be lionded or tied together with incom- bustible anchors placed not more than 3 feet apart. If iised as bearing walls the thickness shall be reckoned by their solid parts, unless either part is at least 8 inches thick, and solid connections are made in up- riglit directions, not less than 12 inches wide nor more than 8 feet apart from centers. In such cases two-thirds of the hollow space shall be connected with the solid parts ; provided^ that in no case shall the ends of the joists or other wood bo allowed to come within 4 inches of the hollow space. Sec. 554. Xo wall of any building now erected or hereafter to be built or erected, shall be cut off or altered without a permit so to do having been first obtained from the Inspector. Every temporarv sup- port placed under any structure, wall girder, beam or column, during the erection, finishing, altering or repairing of any building, or part thereof, shall be eqttal in strength to the permanent support required for such construction. Sec. 555. ISTo opening or doorway shall be cut through a party wall of a brick Iniilding without a permit from the Inspector, and every such doorway or opening shall have top, bottom and sides of stone, brick or iron; shall be closed by two sets of wrought iron or metal-covered doors (separated by the thickness of the wall) hung to rabbeted iron frames, or to iron hinges in brick or stone rabbets ; shall not exceed 10 feet in height hy 8 feet in width, and every opening, other than a doorway, shall be protected in a manner satisfactory to the Inspector. Sec. 556. Xo timber, except lathing strips, shall be used in any wall of any brick building except ardi forms for interior arelied open- ing. Sec. 557. All walls of a l)rick building on which the ends of beams rest shall be anchored at each tier of beams at intervals of not more than ten feet apart, with good, strong wrought iron anchors, at least one-half inch by one and one-half inch, well Ijuilt into the walls and fastened at the top of the beams; and where the beams are supported by girders the ends of tlic beams resting on the girders shall be butted together, end 1u end, and slrap])ed with wrought iron straps, or tic irons at tlie same distance a|)art and in (be same beams as the wall anchors, and sliall be well fastened. Sec. 558. All piers shall be built of the best (|uality of good, well- Part III. — Ordinances. 177 burnt hard brick, laid in cement and sand mortar, and well wet when laid in warm weather. Sec. 559. Brick piers under lintels, girders or columns of brick buttresses buildings, over one story high, shall have a cap of iron, at least two inches thick, the full size of pier. Sec. 560. Brick piers and buttresses shall be bonded with Thor- ough courses, level and bedded, each course, and where their founda- tions rest on piles a sufficient number shall be driven to insure a proper support. Sec. 561. Every metal column in a brick building shall rest on an columns. iron plate of not less thickness than two inches. Wooden columns supporting girders and floors in such buildings shall set on one and a half inch iron plates with sockets and counter sinkages. Sec. 563. The backing of any iron front that is not wholly self- supporting shall be treated as an independent wall. If the iron is self-supporting, then the party wall shall be extended to meet the outer thickness of iron, and all vacancies shall be filled with grout to insure a complete separation of adjoining buildings. Sec. 563. The weather covering of all roofs, except of cottage dwell- ^ u . . . ing houses, not over sixteen feet high above the grade of sidewalk, shall erings. be made of incombustible materials. The pitch of non-combustible composition roofs shall not exceed two inches to the foot. Sec. 564. Xo uncovered tar, composition, resin, felt or woodwork rp^^, ^^.^ ^^^^ shall in any way be exposed on any roof or appendages. exposed. Sec. 565. Appendages to any business building above the first Appendages, story, and above thirty feet from grade of sidewalk on any other building, if not wholly of incombustible material, shall be enveloped with metal. Dormer windows, cornices, mouldings, balconies, bay windows, towers, spires, ventilators, etc., shall be considered as ap- pendages. Sec. 566. Xo bay window or other structure shall be placed on any building so as to project over any public way or square without the over sid'ewaiks. permission of the City Council. Sec. 567. Glass in all skylights, if not "prismatic lights," shall 1)0 protected by screens made of No. 10 (or heavier) wire, with meshes ' ^ not exceeding one and one-half inches; such screen to be secured to the sash and kept at least four inches above the glass. Sec. 568. All buildings hereafter erected shall be kept provided with proper metallic leaders for conducting the water from the roof to ^-eaders. the ground sewer or street gutter in such a manner as shall protect the walls and foundations from damage; and in no case shall the water from such leaders, or otherwise, be allowed to flow upon the side- walk, but shall bo conducted by drain pipes to the street gutter or sower. Sec. 569. All cornices, gutters, eaves and parapets (above first comices, etc. {12) 178 pAirr III. — Ordinances. Boof scuttles. Beams, etc., not too near flues. story of business buildings, and above thirt}' feet from grade of side- walk on all otber buildings), shall be made of incombustible ma- terials. Sec. 570. All roofs shall be so constructed as to be reached by a scuttle, or by iron steps fastened to the outside of the outer wall. If by scuttle, the same shall be at least 20x30 inches, the frame and lid covered with metal, and shall have a stationary ladder communicating with such scuttle. Sec. 571. All business buildings being more than fifty-six feet Metallic stand- bigh, covering an area of more than 5,000 superficial feet ; also, all '^^^^^' buildings exceeding eighty feet in height, shall have a two and one-half inch (or larger) metallic standpipe within or near the front wall, ex- tending above the roof, and arranged so that engine hose can b*' at- tached from the street. All hose couplings shall confcumi to the size and pattern adopted by the Fire Department. Sec. 572. All floor beams, joists and headers shall be kept at least two inches clear of any wall enclosing a fire flue or chimney breast, and the space left between the framing and such flue shall be filled solid with gauged mortar, to be a heavy coat of plastering put on the walls of such flues before any other woodwork shall be placed against it. Sec. 573. All floors shall be constructed to bear a safe weight per superficial foot, exclusive of materials, as follows : For dwellings, tenements, or lodging houses, one hundred pounds; for storehouses, warehouses, machine shops, armories and drill rooms, not less than two hundred and fifty pounds. These requirements shall apply to all alterations, as Avell as to new buildings. In all calculations for the strength of materials to be used in any building, the proportion be- tween the safe weight and the breaking weight shall be as one to three for all beams, girders and other pieces subjected to cross strain; and as one to six for all posts, columns and other vertical support, and for all tie beams, and other pieces subjected to a tensile strain ; and the requisite dimensions of each piece of material arc to be asi-crtaineci by computation, by rules given by the best authorities, using for con- stants in the rules only such numbers as have been deduced from ex- periments on materials of like kind with that proposed to be used. All mortar and cement used shall be of the best cpiality for the ])ur-. pose for which they are applied, and shall be properly mixed. Sec. 574. All hearths for ordinary fireplaces shall rest on ti-im- mer arches, the header kept at least eighteen inches from fare of chimney breast. The back of all fireplaces shall not be less than eight inches thick; all stovepipe holes to have proper thimbles and stoppers. Sec. 575. Ends of joists or beams entering a brick wall shall be cut not less than three-inch bevel, so as not to disturb the brickwork by any defection or breaking of the joists or beams. All such joist< or timbers entering a party or division wall fi-oin opposite sides shall supported. Part III. — Okdixances. 179 liave at least four inches of solid brickwork between the ends of such timbers or joists. All buildings for residence or business purposes shall have the brick project not less than one and one-half inches in- side of the face of the wall between the joists of each floor and ceil- ing joists. 8ec. 576. Joists and girders in any building shall be of proper dimensions to sustain the load designed to be placed upon them, ^",'fim-s.''"*^ Girders may rest upon piers of brick or stone, or upon columns of wood or iron of proper dimensions. All floor joists shall be properly bridged with cross-bridges. All headers in floor framing of business buildings that are placed at a greater distance than two feet from the end of a trimmer, shall be fixed in proper iron stirru})s. Sec. 577. The owner, or other party, having an interest in any building, staging or other structure, or anything attached to or con- ings— inspec- nected with a building or other structure which shall be unsafe, so as to endanger life, shall immediately, upon notice received from the Inspector of Buildings, cause the same to be made safe and secure or taken down; and when public safety requires immediate action, the Inspector may enter upon the premises, with such assistants as nu\y be necessary, and cause the said structure to ])e secured or taken down without delay, at the expense of such owner or party intere-ted. No staging or stand for observation purposes shall be constructed or occupied upon the roof of any building in said city. Sec. 578. Every building which shall appear to the Inspector to be especially dangerous in case of fire, by reason of bad condition of fenaity for f . b 'J failure to ren- walls, overloaded floors, defective construction, decay, or other causes, ^^r^ ^a"te!-'"be- shall be held to be unsafe ; and the Inspector, besides proceeding as ^"^ notified. provided in the preceding section, shall also affix a notice of the dan- gerous character of the structure to a conspicuous place on the exte- rior wall of said building; any person removing such notice so affixed, shall be liable to a fine of not less than ten, nor more than fifty dollars for each and every offense, to be paid into the treasury of said city. Sec. 579. The owner, or party having an interest in the unsafe building or structure mentioned in the two preceding section^, being notified thereof in writing by the inspector, shall forfeit and pay a fine to the use of said' city for every d;iy"s continnance tliereof after such notice, a sum of not less than ten, nor more than fifty dollars. Sec. 580. Xo building now or hereafter built shall l)e altered until ..■,-, -IT T , T T , Alterations. it has been examined and approved by the Inspector as being m a good and safe condition to be altered as ])roposed, and the alteration so made shall conform to the provisions of this and all ordinances of the City of Atlanta in relation thereto. Sec. 581. All brick walls and Inittresses shall be of merchantable, q^^^ brick well shaped l)ricks, well laid and bedded, with well filled joints, in ^°' '^^^^' ^^''■ lime or cement mortar, and well 'flushed up at every course with mor- 180 Part III. — Ordinances. Recesses, etc. Materials other than brick, etc. Stairways tar; and all brick used during the warm months shall be wet ac the time they are laid, and shall be dry at time they are laid during the cold months. Sec. 582. No continuous vertical recess, chase or flue shall be made in any party wall so deep that it will leave the thickness at the back less than eight inches at any point, and no recess of any kind shall be made in any eight-inch wall. Xo horizontal recess shall be made in any wall, except by a special permit from the Inspector. No continuous vertical recess otlier than flues in stacks shall be nearer than seven feet to any other recess. Sec. 583. In the erection or alteration of any building within the fire limits, the material of which, in whole or in part, is other than brick, stone or wood, the thickness of walls, of such material, and the method of construction, shall be such as the Inspector shall approve. Sec. 584. Partitions in hotel buildings and tenement houses made of scantling to be lathed and plastered shall be filled with brickwork eight inches high, in the best manner. Scantling partitions shall not be employed as supporters of any floor or roof (except dwelling houses). Sec. 585. Stairways shall not he enclosed with partitions made of plank, boards, flooring or scantling, unless plastered on both sides or covered with metal. Sec. 58G. Hoistway openings shall have trap doors (covered with metal on the underside) on all floors, except where elevators are used, with sufficient guards for protection during the hours of business, and said doors shall be kept closed at all other times. Sec. 587. All stores, storehonses, mills and manufactories that may hereafter be erected in Atlanta, which are more than two stories high, shall have doors, blinds or shutters made of fireproof metal, on every window or entrance where the same do not enter upon a street. When, in any such building, the shutters, blinds or doors cannot be put on the outside, they shall be put upon the inside, and hung upon iron eyes or frames, independent of any woodwork ; shutters above the first story to be arranged so that they can be opened from the outside. Prismatic lights in iron frames shall be regarded as an equivalent to iron shutters. Sec. 588. The Chief or Acting Chief of the Fire Department, together with the Building Inspectors, shall, on or before the first day of July, 1890, report in writing to the Mayor and General Coun- cil, designating the buildings in said city subject to have fire escapes placed thercoi), in accordance with the next section of this ordi- nance, and shall also, in said report, indicate where said escape or slunild 1)0 ])lacod or located, on which part or side of the build- 1 wlicthor inside or outside, or either, together with the char- Chief Fire De- partment and Building In- spectors, Board of Fire Es- capes, to report what kind of escapes neces- escapci ing, ai acter and innfci'inl the escapes in \)o placed on Part III. — Ordinances. 181 each building, the manner or position in which they should be placed, the platforms, landings, supports, etc., necessary or proper to be con- nected with each escape or escapes, as to each building aforesaid. The report so made shall be subject to the approval or change of the Mayor and General Council. When the Mayor and General Council shall have required fire escapes to be placed on any building, of the char- Jtmcted" with- acter and material deemed by them requisite, as aforesaid, then it ler '^service of shall be the duty of the owner of any such building, within ninety days after service of notice, to cause to be placed on said building fire escapes, such as the Mayor and General Council shall have required. Said notice shall be served by the Chief or Acting Chief of the Fire Department oji the owner, agent or tenant in possession of any such building. Should any owner, agent or tenant in possession of any such building, notified as aforesaid, fail within the time specified in said notice, to have fire escapes placed on any building, as provided by the action of the Mayor and General' Council, he or she shall be sub- ject to fine of not exceeding one hundred dollars and costs, and to be imprisoned not exceeding thirty days, either or both, in the dis- Penalty, cretion of the court, and for each month thereafter, until said notice and order shall be complied with, such owner, agent or tenant in pos- session shall be subject to the same penalty as aforesaid. In the case of a firm, company or corporation who shall be the owner of any such building as aforesaid, the foregoing notice shall be served on any member or agent of the firm or company, and on the chief officer of corporations, such corporation who is in the city, or on the agent or tenant in pos- served °with session of the premises, and in such case any agent or member of the "°*"=''- firm or company, and the president, acting president, secretary and directors and agent of any such corporation shall be subject to the penalty provided by this ordinance in cases of failure to comply with any order and notice as to placing fire escapes, or as to repairing fire escapes. Sec. 589. All buildings in said city three stories or more in height, not including basements, used as a factory, workshop, lodge room, hotel, boarding house, public hall, or sleeping place, or apart- ment, shall have thereon suitable and substantial fire escapes of the following character and material. Brackets must not be less than 1/2^1% inches, wrought iron, placed edgewise, or 1%-inch angle iron, Brackets, well braced, and not more than three feet apart, and the braces to brackets must not be less than %-inch square, wrought iron, and must extend two-thirds of the width of the respective brackets or bal- conies. In all cases the brackets must go through the wall, and be turned down three inches. Brackets on new buildings must be set as the walls are being built. When brackets are to be put on old houses, the part going through the wall shall not be less than one inch in diameter, with screw nuts and washers, not less than five 182 Part III. — Ordinances. Top rails. inches sqiiare and one-half inch thick. The top rail of balcony must be l%xi/^-inch M^rought iron, and in all cases must go through the walls, and be secured by nuts and four inch square washers, at least Bottom rails, three-cighths inch thick. Bottom rails must be li4x%-inch wrought iron, well leaded into the wall. In frame buildings the top rails must go through the studding and be secured on the inside by washers and Fiiiing-in bars. Huts as above. The filliug-in bars must be not less than %-inch round or square wrought iron, placed not more than six inches from centers, stairs. and well riveted to the top and bottom rails. The stairs, in all cases, must not be less than 18 inches wide and constructed of i^xSi^-inch wrought iron sides or strings. Steps to be %-inch round iron, double rungs, %x3-inch flat iron, and well riveted to the strings. The stairs must be secured to a bracket on top, and rest on and be secured to a bracket or extra crossbar at the bottom. All stairs must have a %-inch hand rail of wrought iron, well braced. The flooring of balconies must be of wrought iron li^x^/^-inch slats, placed not over li/^ inches apart, and secured to iron battens l%x%-inch, not over three feet apart and riveted at the intersection. The opening for stairwa}'s in all balconies shall not be less than 18 inches wide and 30 inches long. Dro ladders ^™P ladders from lower balconies, where required, shall not be less than 14 inches wide, and shall be l^x%-inch sides and %-inch rungs of wrought iron. In no case shall the ends of balconies extend more than 9 inches over the brackets. The height of railings around bal- Raiiings. couies sliall uot bc less than two feet, nine inches. A balcony must be at each story. Sec. 590. The Chief of the Fire Department and Building Inspect- Board of Fire ors shall Constitute a board of fire escapes, and no fire escape will be Escapes. accepted without their approval, and they shall have authority to de- cide the number and location of all fire escapes on buildings. Sec. 591. This ordinance shall be published in two daily pajiers for fifteen days; then it shall be the duty of the owners of all build- Penaity for ings coming Under the requirements of this ordinance to have placed not erecting . n , i -, . , fire escapes, on Said buildiug Within ninety (90) days after said advertisement, such fire escapes as are required. Should any owner, agent or tenant in possession of any such building fail within the time specified in said advertisement to have fire escapes placed on any building as pro- vided for by this ordinance, he or she shall be subject to a fine of not exceeding one hundred dollars and costs, and to be imprisoned not ex- ceeding thirty days, eithet or both in the discretion of the court, and for each month thereafter until said ordinance is complied v/ith. Such owner, agent or tenant in possession shall be subject to the same penalties as aforesaid. Sec. 592. After fire escapes liave been ])laeed on any building as Repairs. aforcsaid in compliance with the provisions of tbis ordinance, and the same shall become unsafe or in need of change or repair in order r.viiT 111. — Okdinaxck.s. 183 to make the same safe, the Chief or Acting Chief of the Fire Depart- ment shall serve notice to make such change within ten days. In case of faihire of any owner to have such change or repairs made witliin the time as required by the notice, he shall for such failure be subject , to the same penalty provided in tliis ordinance for failure to place (ire escapes in the first instance. Sec. 593. No building within the fire limits of the City of Atlanta shall be used or occupied, in whole or in part, for any of the trades viulC'in mills, hereinafter mentioned, to-wit: Planing mills, sash, door and blind '^ "' factories, carpenter or cooper shops, wagon or carriage manufactories, cabinet and furniture factories, wood-turning and veneering works, agricultural implement manufactories, box and trunk factories, or any other woodworking factory or shop, unless such building so occu- pied shall have in connection with it a brick or fireproof vault of suffi- cient capacity to contain all shavings, sawdust, chip? or other light combustible refuse connected therewith, and all such shavings and other light combustible refuse shall be removed daily from such prem- ises to such vault. In no event shall proprietors, owners or lessees of >ueh manufactories allow combustible refuse to accumulate upon any lot or in any building, unless stored in a fireproof vault. Sec. 594. Floors under all stoves shall be protected by a covering of incombustible material. Stoves shall be kept at least twenty inches, ftoves and'^un- and their smoke pipes twelve inches, fronr any unprotected wood- ^'''' '^°"^"^- work. The woodwork of all boiler houses and boiler rooms shall be kept at least six feet from the boiler, and four feet from the breech- ing or smoke conductor, and one foot from the dome of the boiler, unless such woodwork is properly protected with incombustible ma- terial, and then there shall be at least two feet space from the boiler or smoke pipe and protection. Sec. 595. The floors of all rooms, when containing stationary boil- ers, shall be made of incombustible materials, five feet on all sides. and at least eight feet in front of any boiler. Sec. 596. Steam pipes shall be kept at least two inches from all g^^^^, pjp^^ woodwork; otherwise they shall be protected by a soapstone, asbestos, or earthenware ring or tube, or rest on iron supports. Sec. 597. Where awnings are attached to buildings, the frame- work shall be of metal. tome"" Sec. 598. All the officers appointed under this, or any future amendmente to the same, shall, so far as may be necessarv for the per- spect. formance of their respective duties, have the right to enter any build- ing or premises in said city. Sec. 599. Any work or addition or alteration made for any pur- Additions reg- pose in, to, or u])on any building, except the necessary repairs, not "^^*®*^- affecting the external or party walls, chimneys, stairways, or height 184 Part III. — Ordinances. Elevators spected. of building, shall, to the extent of such work, or alteration or addition, be subject to the regulations of this ordinance. Sec. 600. All egress openings in public halls shall have the word "Exit" conspicuously placed over them. The aisles in such halls shall at all times be kept unobstructed. Sec. 601. It shall be the duty of the Inspector of Buildings to cause a careful inspection of all passenger and freight elevators in the City of Atlanta at least once in six months, and see that said elevator shafts and doors are in a perfectly safe condition, and in accordance Avith the provisions of this ordinance. Sec. 602. When an inspection of an elevator or elevators has been made by the Inspector of Buildings, and the same has been put in perfectly safe condition, and the shafts and doors in accordance with this ordinance, he shall make out a certificate of the same, which shall state the date of inspection of the elevator, the weight it may safely carry, and that the shafts and doors are constructed in accordance with this ordinance, which certificate shall be framed by the owner and put in some conspicuous place near such elevator, for examina- tion by the public, and the said Inspector shall cause a record to be made of said certificate of inspection in a well bound book, alphabeti- cally indexed. Sec. 603. It shall be unlawful for any person owning or having the care or control of any elevator to use or permit the use of the same after it has been declared by the Inspector to be in a dangerous or unsafe condition, and he has prohibited the use of the same, until all necessary repairs have been made, and the owner, agent or other person has procured a certificate from said Inspector that said repairs have been properly done, and that said elevator may be safely used, under the penalty of fifty dollars for each offense. Sec. 604. All floor timbers, headers and trimmers of every brick building hereafter erected or altered, in which a chimney is to be Unsafe elevs tors. tiier™?eguiat"ed. built iu a brick wall, shall be placed distant two inches from the out- side of every chimney flue, and the space between such brickwork and timbers shall be closed by a proper fire stop of incombustible material. Sec. 605. If any chimney flue or heating apparatus on any prem- nan erous ^^^^ shall, iu the opinion of the Inspector, endanger the premises, the fl"^''- Inspector shall at once notify, in writing, the owner or agent of said premises. If such owner or agent fails for a period of forty-eight hours after the service of said notice upon him to make such chimney flue or heating apparatus safe, he shall be liable to a fine as prescribed in this ordinance. Sec. 606. No furnace and no range set in masonry shall hereafter Furnaces, etc. ^^ placcd, or its locatiou changed, in any building, except as the In- spector shall approve. Sec. 607. Any person violating any of the provisions of tliis o]-di- Part III. — Ordinances. 185 nance shall be pimisliecl by a fine not exceeding one hundred dollars, to p^^^u be paid into the treasury of said city, unless another penalty is specifi- cally provided herein. Sec. 608. It shall be the duty of the party or parties having charge of the construction of any new building in this city to have the joints ^feami^fmb''^ or girders of each floor above the third floor covered with rough scaf- pioyeTT th"' fold boards, or other suitable material, as Avork progresses, so as to Tm ™buTid- °^ sufficiently protect the workmen either from falling through such Approved Dec. joists or girders, and to protect the workmen or others who may be lo, 1897. under or below each floor from falling brick, tools, mortar or other substances, whereby accidents happen, injuries occur and life and limb are endangered; provided^, the party or parties above mentioned may move said rough floor or scaffolding upward as the work pro- gresses, keeping at all times the top floor covered, as specified above. Any person or persons failing to comply with the above ordinance shall, upon conviction before the Eecorder, pay a fine of not more than one hundred dollars, or be imprisoned not exceeding thirty days, either or both, at the discretion of the court. Sec. 609. Xo person, firm or corporation, shall build or erect, j^j ^g^^ ^^^ within the fire limits of the City of Atlanta, as the same are now, or ^^p*-' '^^■ may hereafter be established by ordinance, any hovise or building of any kind or character, or otherwise add to, build upon, or generally improve, or change any house or building without having first applied Permit, to the Mayor and General Council of said city and obtained a per- mission for siich purpose. Sec. 610. Any person, firm, or corporation, making application for a building permit, as above provided, shall accompany such appli- bufiSng!°" cation with a description of the building proposed to be erected, the materials to be used in the construction, the street and number of the lot on which the same is to be placed, and such other description of the size, character, proposed use, and locality of the building, as the Mayor and General Council may in their discretion require. If it shall be deemed necessary, the applicant may be required to exhibit to the Mayor and General Council a plan of the proposed building. If the applicant desires to connect the premises proposed to be improved with the city sewers, the application must show how and at what point the connection is to be made, and for what purpose the sewer is to be used. Sec. 611. A violation of the provisions of the foregoing ordinance shall subject the offender to be arrested and brought before the Ee- ^''"^"y- corder s Court, and fined in a sum not to exceed five hundred dollars, or to be imprisoned not to exceed thirty days, either or both, in the dis- cretion of the court. Sec. 612. As a part of the penalty of Sections 609 to 611 all work on such house or building shall be stopped, or shall not be commenced, '"^ *^' vmtil such permission is obtained, and a violation of the provisions of 186 Part III. — Ordinances. Sept. 17 said ordinance, as now amended, shall subject the offender, on convic- tion before the Eecorder's Court, to a fine not exceeding five hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of said court. Sec. 613. It shall be the duty of the Building Inspector to keep a separate book for such purpose, in which he shall record all such building permits, with all the papers in connection therewith; and such book shall be properly indexed and numbered ; and for recording such pa])ers the Building Inspector shall charge a fee of twenty cents for 100 words, to be paid by the party applying for and ol)taining such permission. Fees to go to city. CHAPTER XII. FIRE DEPARTMENT. Section. 614. Board PMiemasteis. 615. Fireniasters. 616. Officers. 617. Salary. 618. Division of P'ire Department. 619. Police powers. 620. Vacancies — how filled. 621. Rules, etc. , 622. Dismissal. 623. Sickness of Chief. 624. Right of way to fire and police machines. 625. Vehicles keep off. 626. False alarm prohibited. 627. Interference \vith fire alarm prohibited. 628. Obstructing cisterns or plugs. 629. Duties and powers of Chief. 630. Duties of foremen. 631. Duties of engineers. Section. 632. Duties of stokers. 633. Drivers' duties. 634. Duties of runners and laddermen. 635. Duties of callmen. 636. Duties of substitutes. 637. House regulations. 638. General regulations. 639. Alarm regulations. 640. Equipments and uniforms. 641. Foreman examine plugs. 642. Chief copy letters. 643. Employes, assignment of. 044. Employes to know rules. 645. Meetings of Fireniasters. 646. Use of water during fires. 647. Chief notified of house-moving. 648. Penalty for failing to give notice. 649. Vehicles to give way to fire machines. Section 614. The Fire Department of the City of Athtntn and the buildings, machinery and equipments of said department shall he under the control, supervision and management of the Board of Fire Masters, subject only to the approval of the Mayor and General Coun- cil. Sec. G15. The Board of Fire Masters shall In- the Mavor. the Chief, two Aldermen and the Fire Department Committee of the (icit- eral Council, whose duty it shall be to employ the necessary men, and purchase all material for the proper working of the Department, sub- ject to the approval of tlie ^layor and General Council. The Chid' shall act as Secretary of said board, and shall krr]^ a honk of minutes of the proceedings of the board, and also all accounts tliat may relate to the Fire Department. The Fii'e l)e])artment of the City of .\tlanta shall consist of such ap])lianees as may be deemed necessary hy the ^ravoi- nnd General Council. PaKT III. — OUDIXAXCES. 187 Sec. C)1C>. Tlie officers of the Fire Department shall consist of a q^j.^.^^^ C^luef, with the foreman of each fire company as assistants. The Chief of the Fire Department shall also be Superintendent of the Electric Fire Alarm Telegraph, and shall be elected by the Mayor and General Council at their first regular meeting in June, 1882, and con- tinue until 1st July, 1883, when his successor shall be elected at the same time other city officers are elected, and biennially thereafter. Sec. ()17. Tlie salary of the Chief shall be fixed before his election, and sliall not be changed during his term of office. From the first ' (hiy of January. 1891, it shall be four thousand dollars per annum, payable in monthly installments, and the Chief shall not receive any additional compensation for the discharge of his duties from any per- son, firm or corporation whomsoever. He shall give a bond of one thousand dollars for the faithful performance of his duties. Sec. 618. The Fire Department shall be divided into steam fire partment. steam fire engine companies, under the command of the foreman of said fire engine companies, and shall each be operated by fire runners and fq°^pmeiu """^ one driver; two hose reel companies shall each consist of one foreman, orMse/^sinc" one driver and five runners ; and one hook and ladder company shall this** ordinance, consist of one foreman, one driver and five runners, all of whom shall duly" delegated be paid as the Mayor and General Council may provide ; except where Firemasterl the said Board of Fire Masters shall see it is to the interest of the city to employ what shall be termed callmen, who shall be paid not more than twelve dollars and fifty cents per month, and whose duty it shall be to attend all fires, and there perform such duty as may be assigned to them by the officers in command. Sec. 619. The Chief and Foreman of each companv be. and tliev ,. ^ ■ _ ' Police powers. are hereby vested with all the powers of a police officer of the city, in so far as to make arrests within the city. Sec. 620. The Chief shall have the power, if, in his opinion, the interests of the city demand it, to fill temporarily any vacancy caused ^o.'^^^fl/fed. by sickness, disability or absence of any member of the Department, such temporary appointee shall receive the pay allowed to the position filled, and be subject to all the rules and regulations of the Depart- ment. Sec. 621. The Board of Fire Masters shall have tlie power to make such rules and by-laws for the government of the Department as shall ^"^'^^' ^^^' to them seem most expedient, not in conflict with this ordinance or the city charter. Sec. 622. The Board of Fire :\Iasters shall have the i)ower to suspend at will, also to fine or dismiss, any of the officers or men who Dismissal. shall have been employed by said board, for any violation of the rules of the Department, after a full and impartial hearing and irial 188 Paet III. — Ordinaxces. Absence of Chief— Assist- ant Chief acts. Rights of way must be given to fire and police ma- sliall have been given to said officers or men by the said board, at a meeting to be called for that purpose. Sec. 623. In the event of absence or sickness of the Chief, he shall appoint a member of the Department to fill his place. The Chief shall not absent himself from the city without the consent of the Board of Fire Masters. Sec. 624. In the event of an alarm of fire being given from the central station, the apparatus of the Fire Department shall have the right-of-way in and upon the streets, lanes, alleys, squares and railroad crossings in going to any fire, or being upon such streets, lanes, alleys, squares or railroad crossings. Xo person shall obstruct or neglect to make way for any such apparatus being thus in or upon any of said streets, lanes, alleys, squares or railroad crossings, under a penalty of not less than five dollars nor more than one hundred dollars for every offense, or, in default of payment, to an imprisonment of not more than thirty days upon conviction of such violation in the Eecorder's Court. The police patrol wagon shall at all times have the same right-of-way as the fire apparatus. The agent of the Georgia Elec- tric Light Company, when reporting to the Chief of Fire Department at all fires in the city, shall likewise have the right-of-way of the streets, as now allowed the fire apparatus, under penalties above named to all who violate the same, upon conviction of such violation in the Eecorder's Court. Sec. 625. It shall not be lawful for any person or persons whom- soever, to ride or drive a vehicle through the streets and lanes in which the Fire Department are assembled for the purpose of extenguishing a fire, and should any person or persons attempt to ride or drive a vehicle through the streets and lanes in which the Fire Department are assembled for the purpose aforesaid, he or they shall be arrested by any officer authorized to make such arrest, and, on conviction in the Recorder's Court, be fined a sum not exceeding fifty dollars, or be imprisoned not exceeding thirty days, or both, at the discretion of the court. Sec. 626. It shall be unlawful for any person or persons to give or cause to be given a false alarm of fire, with the intent to deceive, or to pull the slide of any station or signal box, except in case of fire, and any person or persons guilty of the violation of the provisions of this section, shall upon conviction, be fined in a sum not exceeding two hundred and fifty dollars, or be imprisoned not exceeding thirty days, or both, at the discretion of the Recorder's Court, and one-half of the fine paid in each case shall be paid to the informer, furnishing proof to convict; provided, no part of said fine shall in any case be paid to any policeman, fireman, or other officer of said city. Sec. 627. It shall be unlawful for any person to injure, destroy, or in any manner interfere with the electric fire alarm of said city, or Vehicles not driven on street when department i at work. Alarm, when given. Part III. — Ordinances. 189 with the batteries, boxes, stations, wires, or other apparatus or appur- Fire alarm, in- prohibited. lating the provisions of this section shall, on conviction thereof, be a,,^. 3^ ^ggj fined for each offense a sum not to exceed $500 and imprisonment not Penalty. to exceed thirty days, either or both, in the discretion of the Eecorder's Court. Sec. G38. It shall not be lawful for any person to obstruct with building material or otherwise, any cistern or fire plug, such as would near™re'°i'iuR. obstruct approaches to the same by the Fire Department of the City April 2.3, istu. of Atlanta. Any person violating the foregoing provision, shall, for each offense, or for each day any such obstruction is continued, be subject to a fine not exceeding $100, or imprisonment not exceeding thirty days, either or both, in the discretion of the Eecorder's Court. Any person putting an awning post nearer than eighteen inches to any fire hydrant shall, on conviction, pay a fine of not exceeding $100, or be imprisoned not exceeding thirty days, in the discretion of the court. Sec. G29. The Chief shall be present at all fires or alarms, lully equipped, and shall there have sole direction of the operations of the po^g'fs ^^^^ Department. He shall be liable to a fine of three dollars for non- ^''^*^^- attendance. It shall be his duty to visit the several houses at least once in every twenty-four hours, and see that the houses, apparatus, horses, etc., are in proper condition and the men at their posts; and, should he find anything out of order, or any member derelict in his duty, he shall have authority to suspend him, but must at once report the matter to the chairman of the board for his action. All reports made to him by the officers, or any other matters that may come to his knowledge, shall be reported in writing to the Board of Fire Masters, or in its recess to the chairman as soon as possible. He shall be re- quired to keep an accurate account of all fires, alarms of fire, the origin, or supposed origin, amount of loss incurred, and amount of insurance of the destroyed or damaged property. He shall exercise all power and authority which is conferred upon him by virtue of this chapter. Sec. 630. It shall be the duty of foremen to be present at all fires j^^^j^.^ ^^ or alarms, fully equipped. They shall stay at their several houses and fo''^'>»^»- see that the house, apparatus, horses, and all things belonging thereto, are kept neat and clean, and in order at all times for immediate use. In the absence of the foreman, the engineer shall have charge, and exercise his authority. They shall preserve good order and discipline in their respective companies at all times. There shall be a book pro- vided for them in which they shall enter the time of admission, age, residence, occupation, suspensions and discharge of each member, and all absence and tardiness of the same; also, keep an account of all property entrusted to their care. They shall make monthly statemcnt-s 190 Part III. — Ordinances. Duties of en- gineer. in writing of condition of tlie honses, apparatus, liorses, etc., with an estimate list of supplies needed for the coming month. The}- shall report in writing to the Chief any direliction of duty or violation of the rules by the meml^ers. It shall be the duty of the foreman to sus- pend any member for intoxication or disobedience of orders, and report the same to the Chief at once. In the absence of the Chief, the fore- man first arriving on the ground shall have command and be obeyed accordingly. It shall be the duty of the foreman of the companies of the Department to read the rules and explain them to the members on the pay-day of each month. He shall be required to keep an accurate account of all fires, alarms of fire, the origin, or supposed origin, amount of loss incurred, and amount of insurance of the destroyed or damaged property. Sec. 631. It shall be the duty of the engineers to accompany ;heir engines at all times to fires and alarms, remain with and operate the same. They shall give their'ontire time and attention to the Depart- ment, and do such repairs as they may be ordered to make. They shall be on duty at their respective houses at all times, with the exception of meal hours, unless relieved by substitute, who must be a person com- petent to perform the duty required of his principal, and who must be approved by the Foreman and Chief prior to leave of absence being given. Leave of absence for two hours or less may be given by the foreman between the hours of sunrise and sunset, but for a longer time the application must be in the hands of the Chief six hours be- fore the time desired. For absence from their engines during an alarm of fire, without order or permission, the fine shall be five dollars if the engine is not in service, and if in service he shall be dismissed froni the Department. All apparatus used for the extinguishment of fires upon the premises of an engine company will be considered as in his charge, under the supervision of his foreman, and he shall be re- sponsible to him for the safe keeping and effective condition of the same. Sec. G32. The stokers shall be on duty at all hours, except those allotted to meals, and shall discharge all the duties appertaining to their positions during the time the apparatus is in service; they shall help to keep the houses, hose and carriages in proper and clean condi- tion, and their entire time and service shall be rendered to the De- partment. They shall perform all duty connected with the firing of their engines, and assist the engineer as may be required. Leave of Duties of drivers. absence may be granted on the same conditions preceding section. Sec. 633. It sliall be the duly of drivers to s houses of the Department at all h(nirs. Thi-y ; the horses and harness, and see that tlie sauie ii The drivers sliali have charge of and accomi)any as are prescri ay at their resp(H-tive hall have control of re ju'operly attended, the liorses to all fires _\B R A « y" Part III. — Ordinances. v ^ JL^ and alarms, and sliall keep their horses, harness, stables, etc., in good condition and always ready for service, and shall be on duty at all hours, except meal liouis, and shall give their entire time and service to the J3epartment. Leave of absence may be granted on similar con- ditions as provided in the case of engineers and drivers. Sec. 634. It shall be the duty of each runner or ladderman, when an alarm is given, to repair with all possible speed to the locality of n"rV^ancf lad"' the fire, and perform such duties as may be required of him. In case ''^'■'"^"■ oL' sickness or absence from the city, he shall furnish a substitute, who must ))(■ satisfactory to the foreman. The foreman shall number each runner and ladder-man from one upward. Each and every fireman must at all times be equipped on the fire grounds or be marked absent. Absence from a fire or alarm during the month will subject the party to ])ay a tine of $3.00 for the first tinie, $3.00 for the second, and third dismissal from the service. Each runner, ladder-man and call-man will 1)0 required to report at his respective house immediately after each fire and answer roll call. Sec. G35. It shall be the dutv of each call-man to rei)air to the ^ ^. , „ J Duties of call- place where the fire may be and report to the foreman of the company '"en. to which he belongs, and do whatever duty he may be assigned. Call- men failing to attend the fires and alarms, or failing to answer roll call after a fire or alarm, shall be fined for the first time $2.50, second time $3.00, and third, if it occurs in the same month, dismissal, un- less in case of leave of absence granted by the Chief and Foreman of his company. Sickness, when reported immediately to thi> Chief or Foreman, accompanied by a certificate from the city ])hysician of his ward, may be considered by the board. Sec. 636. Each runner and call-man is authorized to appoint, sub- ject to the approval of the Chief, a suitable person to act as substitute, substitutes, who, when on duty, shall receive the same pay as his principal, to be deducted from the monthly wages of the party for whom he is acting, and to be paid to the substitute. He will be required to perform all the duties of the principal that may arise in the company to which he is attached. The board will furnish suitable badges for the substi- tutes, which must be worn at all fires or alarms. The foreman shall number all substitutes from one upward, and in case of absence of any fireman, he shall appoint them alternately. They shall have permis- sion to wear the equipments of the company to which they are attached, and shall l)e subject to all regulations provided for the government of the same. The substitute cannot be assigned to duty in place of his principal during the time of fire or alarm of fire, except in case of personal injury sustained by his principal. No substitute will 'be allowed to remain on duty for a principal more than fifteen days at one time. Sec. 637. Xo sjiirituous, vinous or malt liquors shall be permitted 192 Part III. — Ordinances. tionf ^^^^^' upon the premises of any engine, hose or truck-house in this Depart- ment. All card playing, political or religious discussion, profane piayhig,' pro-^ swcariug or wrangling is expressly prohibited. ISTo smoking will be prohfbitld.' allowed in the sleeping rooms. Eegular men, substitutes or call-men, to whom beds are assigned, will be required to keep the same neat and clean, and will be expected to retire at or before ten o'clock p. m., tiring. °^ ^^' uulcss good cxcuse bc given the foreman. The gas must be turned down at ten o'clock p. m., after which no loud conversation upon the premises will be permitted. The drivers are required to assist each other generally, when it can be done without interfering with Loafing- not their spccific duties. Minors and loungers not connected with this Department will not be permitted upon the company's premises. The foreman and engineer will be held personally responsible for any vio- lation of the rules of this Department that occurs on the premises or in the vicinity thereof, unless the same is reported to the Chief as soon „ , . as possible. From April 1st to October 1st, the horses must be fed Regulations as -^ ■*■ to meals, at or bcforc five thirtv o'clock a. m., and the drivers will be required horses, etc. ^ ^ x to finish breakfast and return to their duties at or before seven o'clock a. m. One hour is allowed for meals. Horses and houses must be cleaned, ready for service, at or before eight o'clock a. m. After eight o'clock a. m., the housemen will appear in their uniforms, except where the regular performance of their several duties renders it impractica- ble. The sleeping rooms must not be used for sleeping purposes after six o'clock a. m. From October 1st to April 1st, one hour may be added to the foregoing time table. One hour shall be the allotted time for housemen to procure their meals. Any question of precedence shall be decided by the foreman, but so arranged that not more than half the housemen be permitted to leave the premises at any time, there being at all hours not less than one-half on duty. Should an alarm of fire occur to interfere with the foregoing table, as much thereof as may be absolutely necessary will be considered for the time suspended. Hose must be cleaned and aired every time they are used, and once a Hose cleaning. ^^^^ .^ ^^^^^^ ^^^^ ^^^ ^^^^ .^ scrvicc ; they must not be allowed to lie in the sun. The hose must be placed on the hose-carriage before nine o'clock p. m., by the firemen or call-men at the engine house, at the hour designated by the foreman to perform that duty. It shall be the Guard duty, duty of the foreman to detail one fireman who shall be on guard duty on the premises from nine o'clock p. m., until six o'clock a. m., to ring bell, turn down the gas and close up the house. The man doing this duty shall have eight hours to sleep, unless called out for service, and shall be held responsible for the safe keeping of all property in his charge during his watch. The houses must be washed out and the windows cleaned not less than twice a month. N"o leave of absence shall be extended, except by permission of the Chief. Housemen of tiolioon ^^''^" the Department will not be allowed to take any active electioneering Part III. — Ordinances. 193 part in primar}^ elections. No alterations must be made in any of the property of the Department withovit first obtaining permission from the Chief. Sec. 6.38. All employes of this Departmeut are strictly required in their intercourse with each other, social and official, at fires and l-on^™' •'^s"'''- elsewhere, to observe a courteous demeanor, and officers and men in addressing each other Avill be careful to employ the surnames of those to whom they are speaking, and in a respectful manner. While on duty at fires the greatest degree of silence compatible with the efficient ' '"'^ '" ^^ ' ^' discharge of duty will be required, and any noisy or boisterous conduct will be deemed sufficient cause for censure fi-oiu the board. No house- man or fireman will be permitted to attend any ahirms of fire unless etc., to fires.' uniformed or equipped, except in case of necessity; nor will they be permitted to enter drinking houses, exce])t in discharge of duty, while wearing the uniform of the Department. Tlie men are required to move quickly, and obey the orders of their otficers promptly and without criticism. Within one minute from the striking of the station number on the gong, each company will be ready to start, and, if required for service, must be out of the house within one minute after the firsi round has been struck. All requisitions, reports and other communi- cations, intended for the Chief or Board of Fire Masters, must be made in writing by tlie foreman of the company, who shall promptly trans- mit the same to the Chief. Every member of this Department will be expected to observe the rules of cleanliness, sobriety and good mor- als, and a neglect of those matters ^\\]] he deemed and held as sufficient cause for dismissal by the board. Any nienilier of the Department • using profane, rough or ungentlemanly language to any citizen or member of the Department, shall be held as violating the rules, and shall be liable to suspension or dismissal. 8ec. 639. When an alarm is given, all regular and call-men must repair to where the alarm conies from. If it should prove to be a false alarm, they must return to their respective engine houses and wait thirty minutes, answer roll call, and be dismissed by their respective lions, foremen. When the same box is struck a second time previous to the re-call, it will be considered as a second alarm and answered accord- ingly. When another alarm comes from the box first struck after the re-call, it will be considered as a first alarm, and answered accordingly. After a second alarm has been given and before the re-call is received, in case of a new alarm, the companies shall answer at that box. The re-call signal is 2-3, and will be respected accordingly. When hose are laid, the driver, unless ordered otherwise, will patrol the lilies of their respective companies and prevent all vehicles, except the ap- paratus of the Department, from crossing the same. Upon the occur- rence of a slight fire, the first company upon the ground may la,y out its hose, but none others without orders from the officer in command. (13) 194 Part III. — Ordinances. Return from flres slowly. After a fire-plug has been used by an engine, the engineer will, previ- ous to removing his suction tube, shut off the plug; in case of using cistern, will replace the cover, the foreman to report the condition of the plug and cistern. . In approaching corners, crossing gutters and going down grades, drivers must check the speed of their horses and the brakes must be used. All drivers will be held pecuniarily respon- sible for any damage to horses, apparatus, or other property, resulting from careless driving. In returning from an alarm the apparatus will not be allowed to proceed faster than a walk. The foreman, driver and two other members will be allowed to ride on the two-liorse hose carriage ; the driver, foreman and one other on the one-horse hose carriage, and eight men on the truck in going to and returning from fires, the men to get off and assist the horses when going up hills. The members that run to the fires to have the preference in riding home. One stoker will be allowed to ride on the engine with the engineer. The members of the engine companies will not be allowed to ride on the hook and ladder truck either going to or returning from alarms of fire, and they will not be allowed to ride on apparatus of other en- gine companies when the latter are carrying their regular men. Horses must be exercised twice a week with the apparatus, and every other day without the apparatus, (Sunday excepted), providing the weather is suitable. The duration of exercises shall be one hour with- out apparatus, and one-half hour with the apparatus, and, if possible, always pursuing the same route, no portion of which shall be more than two squares from the house in which they are stationed, as may be designated by the foreman. All engines must be tried by draught- ing once every two weeks, unless in service during that time, and also trie(J in a similar manner after each service at fires; no more than sixty pounds of steam being allowed, except by special order. All engines held in reserve shall be cared for alternately by the engineers of steamers in regular service for two weeks at a time. While an alarm is coming in, one or more men, previously selected by the fore- . man, shall count and announce the number without any interfeience from others. Bells must not be rung too long, nor apparatus leave the Refers to fore- housc beforc ouc distiuct rouud is received and understood. It shall be the duty of the foreman of the hook and ladder company immedi- ately; upon the arrival of the trucks at the place of the fire, to have ropes stretched across the street or streets in such manner as to protect the apparatus of the Department from the interference of those not employed as firemen. Upon the arrival of the hook and ladder com- pany on the fire ground, the driver or his assistant shall, as soon as possible, light all his lanterns and torclies. It shall be the duty of the drivers who are first on the ground to meet the other companies and direct them to the nearest water. Any driver of any engine, hose- reel or truck, who shall drive over the hose when going home or taking man arriving- first on the ground. Part III. — Okdixaxces. 105 up hose will be subject to a fine. It shall be the duty of the foreman of each company, as soon as the hose are laid at fires, to send one or more firemen to lay the hose close into the curb and tighten the coup- lings. Officers and members are prohibited from smoking pipes or ci- gars, or drinking spirituous or malt liquors, on the fire grounds. The engineers are not allowed to carry more than 130 pounds water pres- sure, except by order of the'foreman or Chief. No officer or member of the Department will be allowed to leave the city without putting a man for duty in his place, subject to the approval of the Chief. ^Yhen hose are used belonging to another company, they must be replaced on the hose-carriage from which they were taken. The foremen must remain with their respective pipes, where they are stationed, while the companies are in service. When the apparatus stops on the street it must be near the sidewalk, the hose-carriage to be in the rear of the engine. Sec. G-JO. The fire equipments are as follows: Chief — A white gum overcoat, a white leather fire hat, Xew York pattern, and white '^"^^™*^ frontispiece with "Chief" thereon. Foreman — A white leather fire hat, Xew YorK pattern, with black leather frontispiece, having thereon the name of his office and number of his company; blue flannel shirt and black gum coat. liunners. Stokers and Laddermen — A black leather fire hat, Xew York pattern,' with black front, having thereon the numlier of the company; blue flannel shirt and black gum coat. The undress uniform of the Chief shall consist of a double-breasted sack coat of blue cloth, vest and pants of the same material and soft Uniform. black hat. The uniform of the foreman shall be a single-breasted sack coat of blue cloth, with pants and vest of same material, with Depart- ment buttons, and a blue navy cap, with the word "Foreman" on the frontispiece. The uniform of engineer shall be the same as that of foreman, except that in front of cap shall appear the word "Engineer." The uniform of housemen shall consist of a single-breasted sack coat of blue cloth, with vest and pants of the same material, with the De- partment buttons, and a blue navy cap as above, the same to be worn at all times except when cleaning up. Straw hats in summer. Sec. 641. The foreman of the various companies, under the direc- tion of the Chief, shall make examination of the fire-plugs at least examTne' plugs, twice each month, and shall report to the Chief, who shall in writing notify the Superintendent of the Waterworks of any plugs that are not in good working order. Sec. 642. All communications from the Chief of the Department shall be copied in a letter copying-book. copies of let- Sec. 643. All employes of this Department are at all times sub- Employes sub- ject to assignment to any duty by the senior officer in command. ment. ° *^*^" Sec. 644. Each member of the Fire Department must make him- f^'^'?!^^;:?^^'""^ self familiar with all tlie rules and regulations governing them. themselves with rules. 196 Part HI. — Oiidinaxces. Meeting of Board of Fire- masters. Use of water during fires. Sec. 645. The Board of Fire Masters shall meet on the Wednesday preceding the first Monday in each month, and all bills and other inatters for the consideration of the board must be in the hands of the Secretary twenty-four hours before the time of the regular meeting. Sec. 646. When the alarm of fire is sounded, and until the signal of "fire out" is given by the Fire Department, it shall be unlawful for any person to use or draw water from the water-mains or hydrants for sprinkling, flushing sewers, or for any other purpose, under penalty not to exceed a $100.00 fine, or not to exceed thirty days imprisonment, one or both, in the discretion of the Recorder's Court, but not to apply to parties who use waters through a metre. Sec. 647. From this date, any one moving a house through any street of said city shall be required to place lights on the same at night, and shall notify the Chief of the Fire Department of the location of said house at night. Sec. 648. Any one convicted before the Recorder's Court of vio- lating this ordinance, shall be fined in a sum not exceeding one hun- dred dollars, or imprisoned not exceeding thirty days, in the discretion of said court. Sec. 649. It shall be the duty of the driver or person in charge of any dray, hack, carriage or other wagon or vehicle, at any time when the fire alarm bell taps, to drive his team, or otherwise place his vehicle as close as practicable to the sidewalk, so as to leave the street open for the unol)structed passage of the Fire Department and its machinery. Any person or persons violating this section, shall be punished by fine of not less than five nor more than one hun- dred dollars, or imprisonment not exceeding thirty (30) days, in the discretion of tlio Recorders Court. Moving houses, regulations for. Vehicles to give right-ot way to Fire Deijartment. CHAPTER XIII. FIRE Li:\IITS. Section. 650. Fire limits districted. G51. Close or inner district. G52. Extension of close district. 653. Outer district. 654. Rules for close district. 655. Rules for outer district. Section. 656. Penalty. 657. Districts 100 feet beyond named street. 658. Sanitary regulations still of force n. ex- tended limits. 659. Penalty for illegal building in fire lim- its. Section 650. Xo person or persons shall build or erect, or cause to l)e built or erected, any house or houses for any purpose whatever, the walls of which shall be constructed of wood, or which shall be cov- ered witli any material other than iron, tin, slate, tiles, or something wliicli siiall I)e deemed and considered fire-proof, on any street or streets within the ))oundaries herein mentioned, that is: All tliat Part III. — Ordinances. 197 portion of the C*it_v of Atlanta known as the Fire Limits, which shall ^^^,^^ districts be divided into two building districts, namely tlie First, or Close dis- trict, and the Second, or Outer district. Sec. 651. The First or Close district shall be and include all that q^,,^^, district, part of said city, lying and being inside the limits designated below, commencing at the corner of Courtland avenue and Cain street; thence running West along Cain street to Spring street; thence along Spring to Walton street; thence along Walton to Marietta street; thence along Marietta, and including one hundred feet of same on the cast side of Johns street ; thence back along the west side of Mari- etta street, and including one hundred feet of the same to Thurmond street; thence along Thurmond street to the right-of-way of the old Monroe Railroad; thence south along said railroad tracks to Peters street; thence along Peters street to Trinity avenue; thence along Trinity avenue to East Fair street; thence along East Fair street to Capitol avenue to East Hunter street ; thence along East Hunter street to Piedmont avenue; thence along Piedmont avenue to Gilmer street; thence along Gilmer street to Courtland street ; thence along Courtland street to starting point. (See next section). Sec. 652. The inner or Close district of the Fire Limits of the Close district City of Atlanta is extended so as to include the portion of Peachtree extended on •^ ^ Peachtree St. street between Cain street and Baker street, and so as to include, also, . ^, ^^^ ' ' ' Apr. 21, 1899. a space of two hundred feet on each side of said portion of Peachtree street, including both sides of intersecting streets within two hun-, dred feet of said portion of Peachtree street. It shall hereafter be unlawful to build, within the limits thus extended, any other class of building, or with any other classes of materials than are allowed to be built or used in the Close district of the Fire Limits as heretofore defined. Sec. 653. The Second or outer district shall be, and include all that part of said city lying and being between the lines of the First district, as above mentioned, and the limits as described below, com- mencing at the corner of Piedmont avenue and East Baker streets and running along East Baker and West Baker streets to Luckie street, thence along Luckie to Simpson street ; thence along Simpson street to Elliott street ; thence along Elliott street to Xelson street ; thence along Nelson street to right-of-way of the Southern Railroad ; thence along said railroad to Peters street; thence along Peters to the junction of Garnett street ; thence along Garnett to Loyd street ; thence along Loyd to East Fair street; thence along East Fair to Frazier street; thence along^ Frazier to Butler street; thence along Butler to College street; thence along College to Piedmont avenue : thence along Piedmont avenue to starting point. Sec. 654. All laws and ordinances, or parts of same, relating to 198 Part III. — Ordinances. Old rules ap- plj' in close district. Each limit in- cludes 100 ft. beyond bound- ary street. Sanitary regu- lations to ap- ply to extend ed fire limits. Aug. 2, 1886. buildings in the Fire Limits sliall relate and apply to that portion of the city described as district number one. Sec. 655. No building or structure shall be constructed or built in that part of the city described as district number two, unless same be covered or roofed with non-combustible materials. Sec. 656. Any person or corporations, violating any of the ordi- nances in regard to the fire districts, on conviction thereof, before the Eecorder's Court, shall be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, either or both, at the discretion of the court. Sec. 657. In all cases where a street is the boundary line in this ordinance, the limit shall be for all practicable purposes one hundred feet beyond said street. Sec. 658. All laws and ordinances now in force, or that may here- after be adopted with reference to sanitary regulations or otherwise, within the fire limits of said city, shall apply to and embrace the limits as extended by said ordinance, of which this is amendatory. Sec. 659. Any person or persons who shall be convicted in the Re- corder's Court of a violation of this ordinance shall be liable to pay a fine not exceeding one hundred dollars and cost, or be imprisoned not exceeding thirty days ; and any person so convicted shall be subject to a fine of not exceeding one hundred dollars and cost, or thirty days imprisonment for every three days he, she, or they shall permit such house to remain; and the Mayor and General Council may order the removal of said structures, and if the same is not removed, may instruct the Marshal to remove the same at the owner's expense. CHAPTER XIV. FIRES — PRECAUTIONS AGAINST. Section. 660. Plank kilns. 661. Chimneys and stovepipes. 662-663. Uncovered lights. 664. Combustible matter— not burn at nfght. 665. Blacksmith shops. 666. Stationary steam engines. 667. niuminating oils. 668. A\\'nings and signboards. 669. Wooden signs. 670. Wood and lumber yards. 671. Sawing wood on street. 672. Combustible matter must be removed. 673. Penalty for violation of Section 672. 674. Stoves and ranges — fireproof base. Section. 675. Notice of dangerous construction. 676. Injuring apparatus — penalty for. 677. Trash in front of engine house. 678. Ashes not allowed in combustible box. 679. Penalty for violation of Section 678. 680. Gasoline, benzine, etc. 681-682-683. Certain factories regulated. 684. Chimneys and parapets. 685. Builders must notify Chief while con- struction is in progress. 686. Gasoline, etc. — how much kept. 687. Regulation at fires. 688. Firemen may arrest for stealing at fires. Section 660. No person shall be permitted to build and fire any open plank kiln or kilns within one hundred yards of any house, or fifty yards of any fence, in tlie incorporate limits of said city; and any Part III. — Ordinances. 199 fJhiinnevs and person violating said ordinance shall, on conviction in the Rccoi-der's Court, be fined not exceeding one hundred dollars for each day snch kiln is kept burning, or not exceeding thirty days' imprisonment. Sec. 661. It shall be the duty of the Chief of the Fire Department to make frequent examinations into the conditions of the stovepipes stovepipes, and chimneys in this city, and if he shall deem their condition a source of danger from fire, he shall require the tenant or occupant of tin; house where such stovepipe or chimney is, to remedy the same within twelve hours; and on failure or refusal of such tenant or occupant, such offender shall be liable, upon conviction in the Recorder's Court, to a fine of not exceeding one hundred dollars and costs, or be impris- oned not exceeding thirty days; and if, from the evidence, the court believes the condition of such chimney or stovepipe dangerous, the court shall order the alteration to be made at the cost of the occu- pant. Sec. 662. Any person who shall be found guilty of carrying an ."ncovered uncovered or open light of any kind into any stable or barn, or any Hghts among -, , . . -, ' . combustibl.. place where provender, trash, or any matter is contained that is easy matter, of combustion, in the City of Atlanta, on conviction of the same, in ' •' ' Penalty. the Recorders Court, shall be fined not exceeding one hundred dol- lars and costs, or be imprisoned not exceeding thirty days. Sec. 663. If any person or persons shall permit to go or send [.gi-mij^i, any servant or other person with uncovered lights into such place or j!a^,.y^Hg*i°"s in- places, as described in the preceding section, he, she or they shall be *° ^"'''^ places, liable to the penalty imposed by said section, on conviction before tlie Penalty. Recordei-'s Court. ■ Sec. 664. It shall be unlawful for any person or persons to burn trash, Inmber, straw or any other combustible substance, between the materials not hours of sunset and sunrise, in any yard, lot or alley in the City of night. Atlanta; and any person or persons violating this ordinance shall, oct. is. isse. upon conviction before the Recorder's Court, be fined not exceeding fifty dollars, or imprisonment for not more than thirty days, either or both, in the discretion of the court. Sec. 665. No building shall be used or occupied as a blacksmith *= ^ Blacksmith shop within the fire limits of this city, unless the same be made fire- shop, proof. Sec. 666. It shall not be lawful for any person or persons to erect . ^^^^ or run, or cause to be erected or run, any stationary steam engine, of steam engines, any kind or description, within the fire limits of the City of Atlanta, without first obtaining the consent of the Mayor and General Council thereto; and the application shall contain a complete description of the character and size of the engine proposed to be erected, of the building in which it will be placed, its position in the building, the distances to surrounding buildings or structures, and the material of which they are constructed, and the height, size and location of the 200 Part III. — Ordinances. Awnings a signboards smokestack; and any person violating this ordinance shall be fined, upon conviction in the Eecorder's Court, not exceeding one hundred dollars, or be imprisoned not exceeding thirty days. Sec. 667. It shall not be lawful for any person to keep within the City of Atlanta, more than one hundred and seventy-five gallons of kerosene oil, or other oil used for illumination, in any building, un- less permission is first granted by the Mayor and General Council. It being provided that any such permission is subject to revocation at any time by the Mayor and General Council. Any person violating this ordinance shall be punished by a fine of not exceeding one hun- dred dollars, or be imprisoned not more than thirty days, either or both, in the discretion of the Recorder's Court. Sec. 668. It shall not be lawful for any person to erect or have erected any awnings or shed having more wood than is actually neces- sary to fasten the tin or metal coverings to, in front of any building June 21, 1894. in Said city, within the fire limits, over any sidewalk or street, nor shall any signboard or other sign be hereafter erected above or over any sidewalk or street in said city, within the fire limits ; provided, it shall not be unlawful to letter fronts of cloth awnings, or to attach signs printed oh cloth or canvass to the fronts of awnings, which are Jcept at a distance of more than eight feet above the curbings or side- walks. Any person violating the provisions of this ordinance shall, on conviction in the Eecorder's Court, be fined not less than one nor more than one hundred dollars, or imprisoned not more than thirty days, and besides, the awning, shed, or signboard or other sign thus illegally placed or erected, shall be removed by the Marshal, at the expense of the occupant of the premises, or if none, of the owner. Sec. 669. No wooden signs more than two feet high, or that pro- ject more than one foot from the building line, where placed upon the first story, or more than six inches when placed on or against the walls of the first story, shall be constructed or placed on any building in the City of Atlanta ; provided, that larger signs may be allowed when Wooden signs. Apr. 8, 1896. Wood and lum- ber yards to have permits. May 16, 1878. Sawing or cut ting wood. made of incombustible materials, are securely fastened to the sides of the buildings, and do not project more than one foot, as prescribed above. Any person or persons violating the provisions of this ordi- nance, on conviction thereof before the Recorder's Court, shall be fined in a sum not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, either or both, at the discretion of the court. Sec. 670. It shall be unlawful for any person to keep a lumber yard or wood yard within the fire limits of this city, without the con- sent of the General Council, and any person so offending shall, on conviction in the Recorder's Court, pay a tine of not exceeding one hundred dollars, or be imprisoned not longei' tbaii Ibirty days. Sec. 671. Any person or persons who sluill cut or saw wood on the streets or sidewalks witliin 11h> (in- limits sliaij, on conviction, bo fined Part III. — Ordinances. 201 not exceeding one hundred dollars or imprisoned not exceeding thirty ,,^^_^, days, in the discretion of the Recorder's Court. Sec. 678. No person shall be permitted to place and let remain in any box, barrel, or otherwise, in any building, cellar, street, alley- {natterto'^be way, or yard, within the fire limits, longer than six hours, any loose '™'°^''<^- straw, hay, paper, or other combustible matter ; and all owners or occu- ■^""" *' ^^^' pants of buildings or cellars within said limits are hereby required to permit the Chief of the Fire Department, or any member thereof designated by him, or any officer or member of the police force, to in- spect their building, cellars and premises to see if this ordinance is being complied with. And it is hereby made the duty of the Chief of the Fire Department, and of the police force, to make such inspec- tions. Sec. 673. Any person or persons violating the provisions of the Penalty- foregoing section shall be arrested by any officer or member of the police force, and may, on conviction before the Eecorder's Court, be fined in a sum not exceeding one hundred dollars, or to work on the street not exceeding thirty days, either or both, in the discretion of the court. Sec. 674. It shall also be unlawful for anv person, firm or cor- ■ ^ titoves and poration to use, or have set up for use, any stove or range which is ranges must ^ 1 5 J & Ijave fireproof not placed and does not set or stand on brick, stone, or other fireproof b^^^- material, under penalty, in case of conviction, of fine not to exceed -^p''^ i^- ^s^^- one hundred dollars, or imprisonment not to exceed thirty days, or both fine and imprisonment, as aforesaid, in the discretion of the Recorders Court, for each offense. Sec. 675. It shall be the duty of the Chief of Fire Department to notify any person who may have any such structure in such condition ^'°*'"- as to endanger adjacent or svirrounding property to fire, to have the same made safe within five days, and on failure of any person having the control or charge of any such structure to have the same made safe accordingly, shall, on conviction thereof in the Recorder's Court, penalty, be fined not exceeding one hundred dollars, or imprisoned not exceed- ing thirty days for each offense ; provided, that proof of both, the de- fective or dangerous condition, as aforesaid, shall be necessary to con- viction. Sec. 676. Any person or persons who shall willfully and know- ingly injure or damage, in any way or by any means whatever, any injuring en- engine, hose, hook, ladder, or any other implement, material or appar- " atus of any kind, belonging to, connected with, or used by, any of the fire companies in the city, as a part of their machinery or material for extinguishing fires, shall, on conviction in the Recorder's Court, be punished by a fine not exceeding one hundred dollars, or imprison- ment not exceeding thirty days. Sec. 677. Any person or persons who shall willfully and know- 202 Part III. — Ordinances. Trash in front of engine house. ingly put any trash, or other obstniction, in front of any engine house, or hook and ladder house, in the city, shall, on conviction in the Re- corder's Court, be punished by a fine not exceeding one hundred dol- lars, or imprisonment not exceeding thirty days. Sec. 678. No person shall be permitted to place within any build- ing in the City of Atlanta ashes in any box, barrel or other wooden vessel, or upon any wooden vessel or floor, unless the same is imme- diately removed from the building and from contact with such build- ing; and all owners or occupants of buildings in this city are required to permit the Chief of the Fire Department, or any officer or member of the police force, to inspect their buildings to see if the above is com- plied with. And it is hereby made the duty of the Chief of the Fire Department, and of the police force, to make such inspections when- ever and wherever they may suspect a violation of the foregoing ordi- nance. Sec. 679. Any person violating any of the provisions of the fore- going section shall be arrested by any officer or member of the police force, and may, on conviction, be fined in a sum not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, either or both, in the discretion of the Recorder's Court. Sec. 680. It shall be unlawful for any person, firm or corporation, to store or keep on hand at any one time, or in any one building under their control, exceeding ten gallons of gasoline, benzine or naptha, ox- Penaity. copt in a firc-proof building or vault in which all openings are cov- jan. 19, 1885. ercd with metal shutters. Any person, firm or corporation violating this ordinance shall, upon conviction, be fined not exceeding two hun- dred dollars or less, in the discretion of the Recorder's Court.' Sec. 681. In order to the prevention of fires and the better pro- tection of property against exposure to danger of destruction by fire, it shall hereafter be unlawful for any person, firm or corporation to must have per- open or couduct withiu the fire limits of the City of Atlanta any fac- tory for the manufacture of brooms, boxes, whether of wood, paper or other materials, or trunks, or any junk shop, without first having ob- tained the permission of the Mayor and General Council of said city. Sec. 682. In granting or withholding such permission by the Maj^or and General Council, regard shall be liad to the question of safety of the business in the building where it is already located or proposed to be conducted, with reference to the presence or absence of fire walls between such building and the adjacent buildings and simi- lar safeguards against the spread of fires. Sec. 683. A violation of Section 681 shall subject the offender, upon conviction in the Recorder's Court, to a fine not exceeding one hundred dollars, or imprisonmeiit not exceeding thirty days, for eacli offense. Gasoline, etc- how kept. Certain fac- tories within fire limits See Section 680 for enUirgoil and later ordinal Part III. — Ordinances. 203 Sec. 684. All owners of buildings, or their agents, shall be required (,,ji^ne g ^^^i to keep in thorough repair all chimneys and parapet walls belonging parapets, to their buildings and keep the roofs entirely free from wood, trash r^q^^ or combustibles of any kind. And in case of failure of any owner to have such change or repairs made within the time required by notice, he shall, for such failure, be subject to a fine of not exceeding one hundred dollars, and imprisonment not more than thirty days, either or both, in the discretion of the Recorder's Court, and five dollars per day thereafter until the above ordinance is complied with. Sec. 685. All owners, contractors or builders of houses in the City of Atlanta shall be required to notify the Chief of the Fire Department ^t?uctVn! X' or Fire Inspector at the proper time of any buildings thcv are con- structing, so that they can be properly inspected. And in case of any owner, contractor or builder failing to comply with the above ordi- nance, upon conviction before the Recorder, he shall be fined not exceeding one hundred dollars, or thirty days' imprisonment, or both, in the discretion of the court. It shall be unlawful for any per- son or persons to place and let remain longer than six hours, in any alleyway, opening or within thirty feet of any building, empty boxes, barrels, or other combustible material. And in case of any person or persons failing to comply with the above ordinance, upon conviction before the Recorder's Court, they shall be fined not exceeding one hun- dred dollars, or thirty days' imprisonment, either or both, in the dis- cretion of the court, and one dollar per day until said combustibles are removed. Sec. 686. It shall be unlawful for any person, firm or corporation to store or keep on hand at any one time, or in any one building in J^^g'}! '^^ept. the City of Atlanta, under their control, exceeding ten (10) gallons of gasoline, benzine or naptha, except in a fireproof building or vault vauits.°°* erected for that purpose, in which all openings are covered with metal sept. 6, i894. shutters; said building to be not nearer than twenty-five feet of any other building, and at no time shall more than one hundred and ten (110) gallons be stored in said building, and said gasoline, benzine or naptha shall always be kept in a drum used for that purpose, and no delivery shall be made at any time by artificial light, and under no circumstances after sundown of any day. Any person, firm or corporation violating this ordinance shall, upon conviction, lie fined not exceeding two hundred ($200.00) dollars, or less, in the discretion of the Recorder's Court. The Mayor and General Council reserve the right to revoke this ordinance at any time it shall become objectionable or dangerous to adjacent property. Sec. 687. No person or persons, except firemen, the Mayor and General Council, the police force, the owners of the property, their f^,"s|"'(f{* g"g *" agents, and the agents of insurance companies, shall be allowed within the immediate vicinity of any fire, without being ordered there by the 204 Part III. — Ordinaxces. officer in command of the Fire Department ; and in case any person or persons shall refuse to obey the orders and directions of such officer, he, she or they shall be arrested, and on conviction, be punished by a fine not exceeding one hundred dollars, or imprisonment not exceed- ing thirty days, in the discretion of the Eecorder's Court. Sec. 688. The officer in command of the Fire Department at the fire shall arrest, or cause to be arrested by the police of the city, any person or persons who shall be caught stealing goods, or any other arti- cles of value, from any store or other house at or in the vicinity of the fire. CHAPTEK XV. Section. 689. Water commissioners — elections and terms of. 690-691. Moneys collected — how disposed of. 692. Estimate and appropriation for water- works. 693. Interfering witli founts. 694. City to repair water meters, etc. 695. Must give notice before cutting off water. 696. Interfering with founts, etc. 697. Fire hydrant keys. 698. Made by Water Department. 699. Penalty. 700. Water connections — interference with. 701. Introduction of water. 702. Application by owner. 703. Conditions. 704. Permit issued. 705. street connections. 706. Stop cock and box. Section. 707-708. Ownership and repairs. 709. Private plumbing. 710. Two or more parties on one tap. 711. Water used for motive power. 712. Inspection. 713. Street sprinkling with wagons. 714. Water for fire. 715. Protection. 716. Tests — how secured. 717. Owner pays for tap. 718. Not to interfere with water connections. 719. Police. 720. Reserved rights. 721. Water suppl}' — how stopped. 722. Meters. 723. Rates — water consumers outside of city. 724-725-726. Plumbers and plumbing. 727. Penalty. 728. Water Inspectors have police powers. Election and terms of. Water receipts. Section G89. The Board of Water Commissioners shall consist of one member from each ward, besides the Mayor and chairman of the Committee on Waterworks, who are each ex-officio members. Tliey shall be elected as vacancies occur by expiration of terms, at the second reg- ular meeting in December each year, of the Mayor and General (\nin- cil, and shall hold office for three years. Sec. (i!)(). The Secretary of the Water Board sliall make (uit a hook- containing the name, amount, etc., each water consumer is due the city; said book shall have two stubs, and both stubs and receipt shall be numbered alike, and when the consumer desires to pay the same, the Secretary shall write up the stubs and receipt, verifying same on each stub and receipt. He shall retain one stub to keep his accounts, and turn over the other stub and receipt to the Tax Collector, who shall collect and enter them upon his books. The secretary shall make daily detailed reports of receipts, also montlily reports so turned over, to the Comjilfollci-, who shall hold ih(> Tax ("ollcctor rcsponsihlc for llicir Part III. — Ordinances. 205 collection, and the Tax Collector shall also make daily detailed reports to the Comptroller, accompanied with said stubs for verification. The Tax Collector shall receive credit and the Treasurer be debited upon exhibition of receipt of deposit of same, which shall be made daily. The Collector and Treasurer shall also make monthly report^ to the Comptroller. Sec. 691. All money collected from water rents, and any other in- come from said waterworks, shall be paid, as collected, to the Tax Col- ^ected\y-how lector of the City of Atlanta, and the payments reported daily to the '"^p"^'''^""^- Comptroller; and all necessary funds to carry on the waterworks shall ■^"": ^"' ^^^' be paid out of the City Treasury, upon orders granted by the ]\Iayor and General Council, which orders must be predicated on requisitions, in writing, from the Board of Water Commissioners; provided, that the said board shall exercise no control over the waterworks sinking sinkin;-- f.m.i. fund. Sec. 692. It shall be the duty of said board, by the first meeting in May of each year of the Mayor and General Council, to file with appropriation said body an estimate of the probable receipts from Avater rents and other income, and of the amount necessary to run such waterworks during the current year ; and the Mayor and General Council shall, at the same time other appropriations are made, make such appropria- tions and set apart such amount for the operation and maintenance of said waterworks as may be necessary for their economical and success- ful operation, provided said amount,except in cases of emergency (to be judged by the Mayor and General Council), shall not exceed the an- nual income of. the waterworks ; and shall pay out the same, upon requisition of said Commissioners, as it shall be needed and called for. Sec. 693. Any person or persons injuring or interfering witli the public founts, hydrants, or any other appurtenance of the waterworks wVth^foulfts. in the public streets of this city, between the city and the waterworks, "'^'"' or at the waterworks, shall, on conviction, be fined in a sum not ex- ceeding one hundred dollars, or be imprisoned not exceeding thirty days, either or both, in the discretion of the Eecorder's Court, for each offense. Sec. 694. After October 1, 1893, the Citv of Atlanta shall keei) all ... ■ p o , , . . City to repair water meters m repair free of cost to property owners; provided, that water meters, the owners of meters shall furnish broken parts at their own cost, it being the intention of this ordinance to provide for the repair only oi' wear and tear caused by time and use, and this ordinance shall be en- forced under such rules and regulations as the Board of Water Com- missioners may enact. Sec. 695. The Board of Water Commissioners is required to "ive >■ r- Three (lavs' three (3) davs' notice to the consumers of water before cuttina- otf ""''^"^ '^•-1'""'' , ■ fiittiiiff off wa- their water supply. te«-- 206 Part III. — Oedinaxces. Sec. 696. Any person who shall, in said city, injure or interfere Injuring ^^'^^^^ ^^^^ puhHc founts, hydrants or any other appurtenance of the i^t^s^ian^wer/ i^'tcsian wcll or any system of supplying water, or willful waste of punished. water therefrom, shall, on conviction thereof, be fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the Eecorder's Court. Sec. 697. It shaU be unlawful for any person, other than an em- Hydrant keys ploye of the Waterworks Department of the City of Atlanta, to have hi^e°^nd\se. i^ his posscssiou or use any key for turning water on or off from any May 9, 1896. firc livdrauts, except such keys as may be furnished by the Water- works Department to the Sanitary, Fire or Street Departments of the City of Atlanta. Sec. 698. The Waterworks Department shall have hydrant keys made and numbered, and furnish the same to the Sanitary, Fire and Made bv AVater Department. Street Departments, in such numbers as may be needed by them for their use, taking a receipt for each key so furnished, and the person giving such receipt shall be held responsil^le for the custody and use of such key. Sec. 699. Any person, firm or corporation which shall have in its Penalty posscssion or usc any key to any fire hydrant in the City of Atlanta, and not receipted for in accordance with Section 698, and any person using a key to any of the fire hydrants, other than an officer or em- ploye of the Waterworks, Sanitary, Fire or Street Departments, sliall be subject to a punishment, upon conviction before the Eecorder's Court of the City of Atlanta, with a fine not to exceed one hundred dollars, or imprisonment not exceeding thirty days, at the discretion of the Eecorder's Court. Sec. 700. It shall be unlawful for any person, firm or corporation to interfere or in any way intermeddle with wells, reservoirs, basins, or iJiterfe^^ ^th with the water in the same, or with the water mains, pipes, plugs, meters mains, Ttc" or conuectious in or out of the City of Atlanta, of the waterworks of July 8. 1896. the Said city, or to make any connections therewith by tapping any of said mains, or pipes, or otherwise, without the knowledge and permis- sion of the authorities of the Water Board of the City of Atlanta ; or to their premise or premises in their possession and control, as owners, agent, tenant or otherwise, or to knowingly use the water from such unauthorized connections. Any person violating this section shall be Penalty. deemed guilty of a misdemeanor, and upon conviction in tlie Eecord- er's Court, shall be fined in a sum of not more than one hundred dol- lars, or imprisoned in the city stockade not over thirty days, or both, in the discretion of the court. Sec. 701. Water shall not be introduced into any premises with- , . , out application having been first made at the waterworks office and Tntroduction of ^ ^ '- water. granted officially. Sec. 702. Every application must be made by the owner of the Part III. — Ordinances. 207 property to be benefitted, or liis or her authorized agent, according to the form prescribed by the Board of Water Commissioners. Sec. 703. Application shall only be granted upon the condition that the owner of the ])]-operty to be benefitted shall pay for each tap ;^eguiaUng"the for the first twelve moiitlis the sum of not less than eighty cents per^"X'***"^ °^ month, subject to discount of twenty-five per cent, if paid on or be- May 31, iso;. fore the tenth of the month following the month of consumption or assessment from the date connection is made, subject to discontinu- ance of the service after first twelve months, credit for same to be computed from the date notice is given to the waterworks office. Sec. 704:. After the applicant has complied with these regulations, a permit will be issued a plumber to do the work of making the proper connections inside the premises, as applied for. Sec. 705. No persons but an authorized employe of the Water- Street connec- works Department shall tap any main or distributing pipe. Only one tions. tap shall be made for same premises. If an additional one is required, the cost of same shall be borne by the owner of the property. Sec. 706. Every street connection at the time of making the same ' stop-cock and shall be provided with a separate stop-cock and box at the curb of the ^^x. sidewalk, when practicable, for each tenement or premises to be sup- plied. On private pipes laid on streets which have no mains, a stop- cock and box will be supplied to each consumer free of cost. Xo shut-off shall be placed on private property, or on a private alley. Sec. 707. The stop-cock and box at the curb are the property of Q^^g^ship ami the waterworks, placed there for their sole use. repairs. Sec. 708. The pipe from the property line into the premises of the consumer are his property, and all the repairs to the same must be made at his expense. If said pipes be corroded or stopped up, so that there is not sufficient force to operate the meter, consumer will be required to renew the same. Failure to do this upon proper notice from the water office, the water will be cut off and not turned on again until the defect is remedied. Sec. 709. All plumbing from the property line inward must bo Private piumb- done at the expense of the owner of the property. '"^' Sec. 710. Whenever two or more parties are supplied by the same service pipe, the failure of any one of the number to pay the water p^ties'^oJT^Jne bill when due shall authorize the superintendent of the waterworks to turn the water off from the said pipe until the rates, terms and con- ditions are complied with. Sec. 711. All services intended to use city water as motive power, ■ ' Water used such as motors, elevators, organ motors, etc., must be provided with for motive *^ ^ power. an approved meter or counter, by and at the expense of the con- sumer, which shall be attached before the machine is set in operation. Sec. 713. Whenever the city water is introduced into any prem- . . "^ Inspection. ises, or changes are made m water pipe or fixtures affecting the rates 208 Part III. — Ordinances. of suppl}^ the plumber shall make a return of same to the water office as soon as the work is completed, and the plumbing will then be promptly and carefully inspected. The water will not be turned on permanently in any case until the Inspector is satisfied that each and every rule relating to the subject has been complied with. This sec- tion only applies to No. 4 of this ordinance. Sec. 713. Persons intending to sprinkle the streets with wagons street sprink- "lUst arrange in advance with the Board of Water Commissioners; mg wit was- g^^i^ ^^^^ ^^ wagon must be plainly numbered, so the Inspector can report the number of such carts or wagons in service. Tlie board reserves the right to attach a meter or counter to each or any of these wagons for the purpose of metering the supply furnished by them. Sec. 714. Whenever water is used on any unmetered service for Water for fire fire protection, in actual case of conflagration, no charge will be made for same; provided,, that the Water Department is notified in writing within twenty-four hours after all fires. Sec 715. Pipes for protection must be fitted up with such fixtures Fire pipes, only as are needed for fire protection. A valve must be placed just regulations as "^ to. inside the premises to control the entire supply. All such valves must be sealed by the Water Department, and in no case shall the seal be broken except in case of actual fire. After notification of seal being broken, it shall be the duty of the Inspector to reseal these valves. The Board of Water Commissioners shall have power, in their discre- tion, to require all such fire services to be provided witli a meter or counter to be put in at any time, such as said board may in each case prescribe, either at the time of making the tap or afterwards, and to make any changes or just and reasonable requirements as good service may from time to time require in each instance, either as to said counter, or as to any other part of said appliances pertaining to the same. Sec. 716. Parties having connections, using for fire protection, can Tests, how se- test their fire apparatus at any time under the following conditions : ''"'''^''" First — Notice to be given at the water office that such test is desired, when date and hour will be assigned the applicant. Second — All tests must be made in the presence of the propost'd employe of the Waterworks Department, whose duty it is to remove and replace the seals of the Water Department. Third — For each and every violation of the above, the oifendinu- party shall have the water cut off, and be subjected to a fine of not less than $5.00 nor more than $50.00, in the discretion of the Recorder's Court, upon conviction of such violation therein. Sec. 717. The expense of tapping the mains, making connections. placing valves, meters or any protective device, that tlie Board of Owner pays for Water Commissioners may deem necessary to prevent the illegal use *'"'■ of watei-, must in all ca>es be borne by the owner of the i)roperty bene- P.vtrr Til. — OiiDiXAXCES. 209 fitted. All connections to the property line and placing of meters must be made by the authorized employes of the Water Department. Sec. 718. It shall be unlawful for any person, firm or corporation to interfere, or in any way intermeddle with any of the wells, reser- '"j*^''^^^';^^^'^^ voirs, basins, or with the water in the same or with the water mains, f^X^jj^J,';-' pipes, plugs, meters or eonncctioiH in oi- (nit of tlie City of Atlanta oF the waterworks of the said city, or to make any connection therewitli by tapping any of said mains or pipes, or otherwise in violation of tho laws and ordinances of the city, now or hereafter enacted, without the knowledge and permission of the authorities of the Water Board of the City of Atlanta, or to knowingly permit any such connection or tapping to be made on their premises, or premises in their possession or control as agent, tenant or otlijerwise, or knowingly use water from such unauthorized connection. Any person violating this section shall n<- guilty of a misdemeanor, and upon conviction in the Recorder's Punishment ( nurt shall be fined in the sum not to exceed $100.00 or imprisonment "'*''"'''"''■ in city stockade not over thirty days, or both, in the discretion of the court. Sec. 719. It shall be the dutv of the police of the City of Atlanta • -1 i • n 1 11 -n TO ITT r-4 Police to as- to give vigilant aid to the Board of \\ ater Commissioners in the en-?ist in enforc- forcement of their rules and regulations, and to this end they shall report all violations thereof which come to their knowledge to the waterworks office. Sec. 720. The Board of Water Commissioners and proper officers „ A ^ Reserved ol the U ater Department have the right at all hours to enter upon the "^'^^s. premises where the city water is taken, for the purpose of inspecting the pipes and fixtures, setting and reading and repairing meters, turn- ing water off or on, and enforcing the rules generally. Each and every denial of this right will render the offending parties liable to the penalties prescribed for the violation of the" rules. Sec. 721. The Board of Water Commissioners and proper officers of the Water Department may stop the supply of water in cases of shSf off"?n m emergency, and shut it off for repairs or extensions ; they being judges *''"*''"^^°^>'- of the times and necessity. Reasonable notice to be given when prac- ticable. Xeither the Board of Water Commissioners nor the City of Atlanta shall be liable in damages for any insufficient supply of city water. Sec. 722. ^NTeters are to be attached to all premises where citv water is to be used, except as the Board of Water Commissioners shall Meters, otherwise direct. After the adoption of these rules and regulations, all meters set must be of the size and make approved by the Board of Water Commissioners. These meters are to be kept in stock by the Waterworks Department, and sold to consumers at actual cost M'ith freight added. Each applicant for city water must select an approved meter and pay the City Tax Collector for same before his application 210 Part III. — Ordinances. will be granted. After the purchase of the first meter Ijy the property owner, and the turning of the same over to the city as herein provided for, the city will keep the same in repair and replace it with a new meter when worn out, without further expense to property owner. The expense of setting this meter, enclosing it in a suitable box (on sidewalk when practicable), running service pipe to property line and keeping it in repairs, will be borne by the city ; provided, that the owner turns his meter over to the Water Department; said meter to be under their exclusive control and ownership. All owners of meters that are now in service can have them placed on sidewalk and kept in repair at the expense of the city under the same rules and regulations as provided for above. Xo worn out or condemned meter will be ac- cepted, and must be in fairly good working order, but these regula- tions do not apply to large consumers who are required to purchase their own meter to be set by the Water Department, and kept in repairs by said department. Changes of ownership of meters to the city to be inade gradually in discretion of Water Board. Any consu- mer who fails to turn his meter over to the city shall be liable to the city for the expense of keeping same in repair, and when condemned or worn out, for expense of replacing it with a new one ; the said meter to be one approved by the Water Department, and the work to be done by the said department. After the Water Department has taken charge of meters, no plumber or other person will l)e allowed to set, repair, or otherwise handle any meter belonging to the department, or any consumers using city water. Sec. 723. Parties living outside of the city limits, using city Rates for watcr, uuist pav for the same one hundred per cent, more than those consumers out- ^ x . i side of city, residing within the limits, and be subjected to such conditions as the Board of Water Commissioners may from time to time deem for the best interest of the City of- Atlanta. Sec. 724. Every plumber is required to make immediate returns Plumbers and ^^ ^^^ Water Department of all work done by him, calculated in any plumbing. ^^gg |.Q q^qqI a change in the water rate on the premises where said work has been executed, with date when and the name of the party for whom it was done. He shall report all plumbing or use of the water that is contrary to the rules which may come to his notice. Sec. 725. No plumber shall allow his name to be used by any other Regulations as pcrsou or party for the purpose of doing work under his license. All plumbing must be done in a thorough and workmanlike manner, both in regard to material and labor, and will be re(iuin'd to conform strictly to the rules of the Board of Water Commissioners. Sec. 72G. No plumber will be permitted to turn water into any service pipe (aside from the purpose of testing his work, when it must be immediatly turned off again). Plumbers who violate any of these to plumbers. Part III. — Ordixaxces. 211 rules, or others that the Board of Water Commissioners ma)'' prescribe, will be deprived of their certificate, subject to action of said board. Sec. 727. Any person, firm or corporation violating any of the provisions of tliis chapter, upon conviction thereof before the Record- er's Court, unless a special penalty is otherwise prescribed, shall be fined not exceeding one hundred dollars, or imprisonment in the stockade not exceeding thirty days, or both, in the discretion of the court. Sec. 728. Police powers are hereby conferred upon the water me- ore*havi"poUce ter readers and inspectors of the Waterworks Department. Apr"22, i898. CHAPTER XVI. CITY PHYSICIAXS. Section. 729. Election. 730. Salaries. 731. Duties. 732. To attend policemen. Section. 733. Monthly reports. 734. Small-pox hospital. 735. Supervision of Relief Committee. 736. Must vaccinate free of charge. Duties. Sectiox 729. The Mayor and General Council may, when other officers are elected, elect as many City Physicians as they may deem necessary for the proper treatment of the poor of the city. Sec 730. Said City Physicians shall receive such salaries as may be fixed by the Mayor and General Council, and the amount of such salaries shall be determined prior to their election and not be changed during their terms. Sec 731. Each of these physicians must have his residence and office in the division for which he is elected. It shall be the duty of the City Physician to attend to all kinds of practice among the poor, free of charge, viz : .medical and surgical cases, including, besides ordi- nary diseases or injuries, obstetrics, venereal diseases, and small-pox. It shall also be their duty to vaccinate every poor child in their respect- ive divisions, free of charge, to which no objection is offered. Sec. 732. It shall be the duty of the City Physicians in their re- cny phvsi- spective wards to attend all policemen who may be injured while on poi^emen."^"*^ duty, when requested to do so, and it shall also be the duty of the po- licemen to use every effort to secure the aid and attendance of the City Physicians when they may be needed for the treatment of injuries received by the policemen while on duty before calling in any other physician. Sec 733. The City Physicians shall make monthly reports at the first regular meeting in each month of the number of patients treated, l^onl^^^ ^^' number of street where they live, name of disease, number of visits to Aug. s, isu. each patient, deaths, cures, relieved, improved, etc. These reports, after being read, to be filed with the Clerk of Council. !12 Part III. — Ordixaxces. Smallpox hos- pital. Physician. Sec. 734. If small-pox prevails to the extent of necessitating the opening of the small-pox hospital, the Mayor and General Council may, in their discretion, during such emergency, employ a physician to take charge of said hospital, at such salary per month as said Council may deem adequate ; and it shall be the duty of said physician to at- tend all pauper cases of small-pox occurring in the city, and to cause the removal of such cases to the small-pox hospital at the earliest practicable moment, there to be treated by him. And it shall be the duty of each City Physician to report to said small-pox physician all eases of small-pox occurring in his division. But when in the opinion of the Mayor and Council no such emergency shall exist, or such emergency shall cease to exist, then each of the City Physicians shall attend the patients in said hospital in rotation, one month at a time, without additional compensation, and it shall be the duty of the chair- man of the Eelief Committee to assign them to duty. The medical and other supplies furnished the small-pox hospital to be at the ex- pense of the city. Sec. 735. The Relief Committee shall have supervision over the City Physicians, and see that they perform their duties faithfully. In case of neglect of duty, they shall report the case to the Mayor and General Council, and if, after due investigation, the physician be found guilty, he shall be reprimanded, fined or dismissed from office, at the discretion of the City Council. Sec. 736. It shall be the duty of City Physicians to vaccinate free of charge, all residents of the city who may apply to them for that purpose. Supervision of relief commit- Free vaccina tion. Part III. — Ordinances. 213 CHAPTER XVII. HEALTH SANITARY DEPARTMENT. Section. 737. Board of Health— election of members. 738. Powers of Board. • 739. Estimate of expenditures to be furnished Ma.vor and General Council. 740. Accounts— how approved. 741. Annual report. 741 (a). Board shall appoint inspectors. 742. Election and term of Chief. 743. Salaries of Chief and Inspectors. 744. Sales of old articles to be reported. 745. Powers and duties of Inspectors. 746. Inspection of premises. 747. Garbage and excrement to be removed. 748. Removal of dead carcasses. 749. Contagious diseases to be reported. 750. Undertakers to report infected corpses, etc. 751. Decaying- matter to be removed. 752. Hides, rags, etc. — regulations as to. 753. Penalty for placing decaying matter on premises of another. 754. Small-pox flag. 755. Funerals of deceased from contagion. 756. Sale of infected clothiag. 757-760. Surface privies. 761. Closets on cars. 762. Slaughter houses. 763. Filthy water in streets. 764. Nuisances — sanitary. 765-766. Guano factories forbidden. 767. Opium joints. Section. 768. Obstructing gutters. . Vaccination. . Penalty for non-vaccination. , Penalty for not reporting small-pox. . Quarantine. , Flags and fumigation, (a). Family not to move while card is up. Interfering with officers. ■778. Quarantine against infected towns, railway trains, etc. . Children exposed to infection may not attend school. False reports as to contagious diseases. ■783. Glanders and other infectious stock diseases. Inspectors' duty as to condemning de- caying matter. Selling diseased carcasses. 789. Oleomargarine. Butcher wagons. Penalty. 803. Water closets — regulations as to. Preamble as to dumping ground- regula- tions. Profane language, etc., prohibited. 807. Interference by outsiders punishable. 816. Contract for removal of dead ani- mals, and further regulations as to. 826. Milk regulations. Weeds must be cut down on vacant lots. Section T37. At the first meeting in January, 1882, tliere shall be elected by the General Council a Board of Health, consisting of five members, at least three of whom shall be physicians. One of said Ijoard shall be elected for one year, two for two years, and two for three years. All elections thereafter, except for unexpired terms, shall Ix' for three years. The Mayor and chairman of the Committee on Sanitary Affairs shall be ex-officio members of this board. Sec. 738. They shall have full power and authority to require the owner or any occupant of a lot in the city to remove or remedy any- thing on said lot which, in the opinion of the board, may endanger the public health, and on failure of the owner or occupant to remove or remedy the same, the board shall direct the Chief Sanitary Inspector to do so at the cost of said owner or occupant ; or if the occupant has .but lately come into possession, and the same has not been placed there by him, or any member of his family, or by his permission, order or direction, then it shall be removed at the cost of the prior occupant ; and if not to be found, then at the cost of the owner of the lot : and it shall l)e the duty of the said board to make such suggestions as they may deem advisal)le to the Council to preserve the public health. Board of Health. Election and term of. 114 Part III. — Ordinances. Expenditure!? of. Sec. 739. They shall present to the Mayor and Cleneral Council in January of each year an estimate showing what appropriation is necessary for the Sanitary Department for the year, and amount of probable receipts from assessments on lots and lot owners for the same time. The General Council shall then appropriate such an amount for the use of the Board of Health as the income of the city will author- ize for the year. Sec. 740. The board shall, by such officers as it may designate, audit and approve all accounts made by it and the pay-rolls of its employes, and after the same have been approved by the Sanitary Committee, they shall be presented to the Comptroller of the city. Sec. 741. They shall, at the end of each year, report to the Gen- eral Council the amount of all expenditures and for what purpose made, together with such other matter and suggestions as they may deem appropriate. Sec. 741 (a). They shall appoint such number of Sanitary In- spectors as they may deem necessary, and shall fix their compensation at not exceeding seventy-five dollars per month each, except that the salary of Chief Sanitary Inspector may be fixed at not exceeding $1,500.00, which shall be paid out of the amount appropriated for sanitary purposes. Sec. 742. The Board of Health are hereby required to elect the Chief Inspector of the Sanitary Department the first regular meeting of the Board of Health in July, 1897, and each two years thereafter, and the term of said Chief shall be for a term of two years, subject to dismissal for cause without claims for full two years' pay, or for any pay after dismissal. In case of vacancy, the election shall be for the unexpired term. Sec. 743. The salary of the Chief of the Sanitary Department shall be fixed by the Mayor and General Council. The wages of the Sanitary Inspectors shall be fixed by the Board of Health by the month, and shall be paid monthly. Sec. 7-14. The Secretary of the Board of Health shall report to the Comptroller all inspections of second-hand clothing, sales of fer- tilizers, etc., made in that department, and the same shall be charged by the Comptroller to the Chief Inspector, who shall deposit such sums with the City Tax Collector, and receive credit upon presentation of his receipts. Sec. 745. Such inspectors shall be special policemen — shall l)e authorized to make arrests for violations of city ordinances, and shall conform to sucli rules and regulations as shall be from time to time established by the Board of Health. They shall take the oath re- quired of regular policemen. Sec. 746. It is hereby made the duty of Sanitary Inspectors to make frequent examinations (more especially in the spring, summer Accounts, how approved. Report. Sanitary spection. Ordinance vela tive to the election and term of office of Chief In- spector of Sanitary De- partment, etc. June 10, 1S97. Salary of Chief to be fixed by Mayor and Council. See 741. Sales and in spections re- ported to Comptroller. Powers and du- ties of Inspec- tors. Part III. — Ordixaxces. 215 and fall months) into the condition of the lots, vards and premises ^, . ^. ' ' . 1 Examination of citizens, to see if they are kept in a clean and healthy state, and if sLuTr'^'Tn- ^^ they shall find anything which may become a nnisance they shall ^pe^'tors- notify the person or persons on whose premises the same may be found ^'^ ^■^^" to remove the same in six hours, and on failure or refusal on their part to do so, shall be proceeded against in the manner prescribed in Section 751. Sec. 747. It shall be the duty further of the Sanitary Inspectors to see that all sweepings and garbage within the sanitary limits are fg^'to^^garb'agr' removed to some suitable place to be designated and approved by the ^^'^ excrement. Sanitary Department, and that the excrement from all privies and closets not connected "with the waterworks, within said limits, shall be likewise removed, by garbage and night-soil carts, which shall be pro- vided by the Sanitary Department. Sec. 718. Whenever the Chief of Police or Sanitary Inspectors shall be informed of any dead horse, mule, cow or other animal being carcasses, how within the incorporate limits of the City of Atlanta, he or they shall '"^'"°^*^ " cause said carcass to be removed beyond said limits, and then prop- erly buried or disposed of so as not to create a nuisance, and any per- son or persons other than those employed who shall remove the car- cass of any such animal shall, on conviction, be fined not more than one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the court; provided, the owner or his authorized agent may remove such carcass from the city under the direction of a San- itary Inspector. Sec. 719. It shall be the duty of every hotel keeper, boarding- . house keeper, and other citizens within this city, to give immediate contagious dis- notice to the Board of Health of any case of contagious or infectious disease of a dangerous character, such as small-pox, cholera, diphthe- ria, membranous croup, measles, typhoid fever, typhus fever, scarlet fever, yellow fever, and such other diseases as may be publicly de- clared l)y the Board of Health to be contagious or infectious, whieli may occur in his or her hotel, boarding-house, or other dwelling, and if any hotel keeper, boarding-house keeper, or other citizens, shall fail or neglect to report as aforesaid any and all such cases of said diseases as may occur or be at their hotel, boarding-house, or place of dwelling, each and every offender shall, on conviction, be fined not exceeding one hundred dollars and costs, or be imprisoned not exceeding thirty days, or both, in the dis- cretion of the court. It shall likewise be the duty of the attending physician to give immediate notice to the Board of Health of any cases report"contl° of contagious or infectious disease of a dangerous character, such as ^'^'"^ small-pox, cholera, diphtheria, scarlet fever, yellow fever, and such other diseases as may be declared by said Board of Health to be con- tagious or infectious which may come under the professional care of snch physician, and it shall also be the duty of the attending physician 216 Part III. — Ordinances. to report to the Board of Health office, when such patients are free from contagion and house ready for disinfecting and fumigating; and any physician who shall fail or neglect to report as aforesaid any such eases of said diseases that come under his professional care as aforesaid, shall be punished, on. conviction thereof in the Recorder's Court, by fine not to exceed one hundred dollars and costs, or imprisonment not to exceed thirty days, either or both, in the discretion of the court. Sec. 750. It shall be the duty of every undertaker having notice of Undertakers' the death of any person within the City of Atlanta of small-pox, diph- to^bodierdead theria, scarlet fever, yellow fever, typhus fever, Asiatic cholera, or any gkms 'd'iseases. other contagious disease dangerous to the health of the community, or Oct. 5, 1894. the bringing of dead body of any person who has died of any such dis- See 755. casc iuto such city, to give immediate notice thereof to the Health Department. And no undertaker shall retain or expose, or assist in the retention or exposure of the dead body of any such person, except in coffin or casket properly sealed ; nor shall he allow any such body to be placed in any coffin or casket unless the body has been thoroughly disinfected and wrapped in a sheet saturated in a solution of corrosive sublimate — two drachms to a gallon of water — and the coffin or casket be immediately and permanently sealed; nor shall he assist in the public or church funeral of any such person. Each violator shall pay a fine not exceeding one hundred dollars and costs, or be impris- oned not exceeding thirty days, either or botli, in the discretion of the Recorder's Court. Sec. 751. Any owner or occupant of any lot who shall suffer to Decayed flesh remain ou his or her lot, owned or occupied by him or her, any decayed moved*°in"sir' Aesli, or Vegetables, or any otlier thing which may annoy his or her hours. neighbors, or tend to affect injuriously the health of any citizen, shall See 74G. 1^^. re(|uired to remove the same within six hours, and on failure to remove or remedy the same within Six hours, if it can be done, on con- viction, pay a fine not exceeding one hundred dollars and costs, or be imprisoned not exceeding thirty days, for every six hours it is suffered to remain; and if it be adjudged a nuisance, in the manner prescribed by the statute or the ordinances of the City of Atlanta, the Sanitary Inspectors shall in that case, by order, abate the same, and tlie offender shall pay the cost of trial and abatement; or, if the occu])ant lias l)ut lately come into possession, and the same has not been placed there by him, or any member of his family, oi- hy liis consent or approbation, the costs of the removal shall ho charged to the prior occupant, and if not to be found, the own(>r of the lot; and, on the judgment of the Recorder's Court to that effect, execution sliall he issued \)y tlie Clerk of Council, in favoi- of the City of Atlanta, against the persons liable under the ])rovi-;ions of this ordinance. Skc. 75-.'. No person shall keep hides, dried or green, filthy rags, bones, or guano, or anything else, that may he adjudged a nuisance, to Part III. — Ordinances. 21' the aiHioyaiici- oJ' any citizen or the detriiuent of the ])uhlic health, jjj^^^ pj^,^^. within tliree hundred yards of the dwelling or buniness house of any ''^s^' «'''^- citizen of said city; and any person violating this ordinance shall, on conviction, pay a fine of not exceeding one hundred dollars and costs, or be imprisoned not more than thirty da3's, in the discretion of tlie Eecorder's Court; provided, hoivever, that dry hides, thoroughly ^^i^nn^r of cured and odorless, may be kept for sale in the city adjoining business anj^green'^^ houses ; and that green hides, after being thoroughly salted outside the ''"^^^ "* *^'^^" city limits, nuiy also be kept in the city for sale, and in houses adjoin-''""^ ^°' ^^^^' ing business houses, during the months of Xovember, December, Jan- uary, February and March; and, provided further, that no dry or green hides shall be kept in the city limits if they do, in fact, amv)unt to or may be adjudged a nuisance. 8ec. 753. Any person or persons who shall throw or place on any ' Placing de- street, alley, or on the lot of another, any decayed flesh or vegetables, cayed matter or other offensive matter, calculated to annoy the citizens of the neigh- another, borhood, or endanger their health, shall, on conviction, pay a fine of not exceeding one hundred dollars and costs, or be imprisoned not ex- ceeding thirty days, at the discretion of the Recorders Court. Sec. 754. Owners or occupants of all residences, tenements or rooms in the city, where small-pox exists, shall hang out a yellow flag f/"ng^'P°'' at some conspicuous place on said premises. Any person failing to comply with this ordinance shall, on conviction, be fined not exceeding twent3^-five dollars and costs, or imprisoned ten days in the city prison, in the discretion of the Recorder's Court. Sec. 755. There shall not be a public or church funeral of any per- son M-ho shall have died of any contagious or infectious disease, such as pereons^de-^ small-pox, scarlet fever, diphtheria, j^ellow fever, cholera, or typhus comtgious'^dis- fever ; nor shall the body of such person be carried into a churcli or lated. ^^^^' other public building; nor shall it be lawful to invite or permit at see 750. such funeral any person whose attenihmce is not necessary or to whom there is danger of contagion thereljy. Any person violating this sec- tion, or any part thereof, shall, on conviction, pay a fine of not exceed- ing one hundred dollars and costs, or be imprisoned not exceeding thirty days, either or both, in the discretion of the Recorder's Court. Sec. 75G. Any person who shall knowingly sell, or cause to be sold, or otherwise disposed of, any bed clothing or other clothing, or anv^-j'e of infect- . ^ • '^ f ' ed clothing:. other article or articles which are infected with small-pox, typhus fever j yellow fever, scarlet fever, diphtheria or cholera, whereby the disease I may be spread or made liable to be spread or disseminated, shall, on con- viction, pay a fine of not exceeding one hundred dollars and costs, or be imprisoned not exceeding thirty days, in the discretion of the Re- corder's Court. Sec. 757. All privies within the corporate limits shall be kept f,^ndJtio„ ,-„ clean and well limed, or served with other disinfecting agents, and p'ljj.'jpg*^" ^^^^ 218 Part III. — Ordixaxces. Amended ^^^^ actiifll tenant or occupant of all lots upon which privies are sit- Mar. 17, i89t;. uated shall be held responsible for the cleanliness of the same. Sec. 758. It shall be the duty of all persons having, owning or Shall provide Controlling privies, not connected with the waterworks, within the elcreta.''^^ ^°^ sanitai\y limits, to have and use water-tight receptacles in which to receive all excreta; and it shall be the duty of such persons aforesaid to cause the contents of such receptacles to be deodorized or mixed with dry earth or fine coal ashes daily. Should any person or persons fail to comply with the rec|uirements of this section they shall, upon conviction thereof, be fined not exceeding one hundred dollars, or im- prisoned not exceeding thirty days, in the discretion of the Eecorder's Court. Sec. 759. All privies within the corporate limits of this city shall Privies shall be bc casy of acccss to the Sanitary Inspectors, or other officers, and said officers shall have the right at any time to enter upon the premises, amine privies, whercvcr any privies are located, and see that the same are neatly and cleanly kept. Any person interfering with said officer, in the dis- with officers, charge of this duty, shall be fined not more than one hundred dollars, or imprisoned not more than thirty days, in the discretion of the court. Sec. 760. The Chief of Police or Sanitary Inspectors shall make, Examination of tluriug the Spring and summer months, weekly examinations into the privies. conditions of each, and whenever, in his or their judgment, this ordi- nance is violated, he shall notify the owner, tenant or occupant of said lot to put said offensive privy forthwith in arder; and in case of refusal or neglect on the part of said owner, tenant or occupant to comply within six hours thereafter, he, she, or they shall be fined in a sum not exceeding one hundred dollars and costs, or be imprisoned not more than thirty days, in the discretion of the Eecorder's Court ; and he may be fined a further sum, not exceeding ten dollars, for every twelve hours such privy shall remain in an offensive condition. Sec. 761. All railroad and sleeping car companies running cars into the City of Atlanta shall keep their closets securely locked and shall not permit the same to be used by any one while in the corporate June 20, 1881. limits of Said city. The agents, conductors or representatives of >aii1 companies who shall violate this ordinance shall be arrested, and, on conviction, fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the Recorder's Court. Sec. 762. Xo person shall keep a butcher-pen or slaughter-house Slaughter withiu the corporate limits of the City of Atlanta (including the house. water-shed of the waterworks), and any person so doing shall, on con- Aug. 7, 1876. viction, be fined in a sum not exceeding one hundred dollars, nv be imprisoned not exceeding tliirly days, in tlio discretion of the Rccoi'il- er's Court. Sec. 763. Xo person shall use the streets or sidewalk-; of tlie Water closets on cars. Part III. — Ordinances. 219 city, nor tlie gutters between, as a drainage to carry oft' any water that ^.,^1^^. ^^.^^^j. has been used, or other fluids, or soapsuds or dye-stuffs, or liquid '^''^^• manures, or any other liquids, whether from privies or otherwise. ^''^^ -"■ ^^'^• Any person discharging, or allowing to bo discharged, any such fluids, shall, on conviction of the fact, be fined in a sum not exceeding twenty- five dollars and costs, or condemned to work in the chaingang not to exceed thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 764:. Any person creating a nuisance on his, her, or their lot, or a lot occupied by them, or allowing a nuisance to remain six hours be"abated with- on their lot, or a lot occupied by them, shall be immediately sum- moned before the Eecorder's Court, and, on proof, shall be fined not exceeding one hundred dollars and costs. The summons to appear is all the notice that shall be required beyond the publishing of this ordi- nance. The following are declared nuisances : Slaughter-houses, pig-pens kept for use within one hundred yards of any private resi- fined and for- dence within the citv limits, or upon the water-shed of the waterworks ; " Aug. 21, 1S78. a dead cat, chicken, rat, or other animal; stagnant water, decayed veg- etables and fruits; filthy privies, or anything causing offensive odors that worketh hurt, inconvenience, or damage to another, are nuisances, and shall be regarded as such, and subject to the above fine of not exceeding one hundred dollars and costs. Any person throwing or placing a dead rat, chicken, cat or other animal, tainted meat, or de- cayed vegetables, or fruits of any kind, filthy water, or excrementitious matter, in the streets or alleys, shall be guilty of causing a nuisance, and shall be brought before the Eecorder's Court and fined not exceed- ing one hundred dollars and costs. Sec. 765. There shall be no guano or acid factorv erected or oper- ,,„^„^ ^, o .^ i (.uano, etc., ated in the City of Atlanta. factories. Sec. 766. Any person, firm or corporation violating Section 765 shall, on conviction, be punished by fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, in the discretion of the Eecorder's Court, for each day such guano or acid factory is conducted in the city. Sec. 767. Each and every person who shall keep, set up, maintain or open in this city any house, room or place of any description for etc. the smoking of opium or any preparation thereof, or who shall be an inmate or frequenter of, or who shall in any way be connected with any such house or place, or shall contribute to its support, and each and every person who shall permit any such house, room or any place in his possession or under his control to be used or occupied for any such purpose, and each and every person who shall permit or suffer any house, room or place which is to be used for such purpose to stand, be set up or opened upon any lot or lots, parcel or parcels of ground within this city, owned, held, possessed or controlled by him, either as 220 Part III. — Ordixaxces. Obstructing drains or gut- ters. June 20, 1881. Vaccination. Mar. 4, 1896. See 770. the owner or agent, or otherwi.se, shall, on conviction thereof, in the Eecorder's Court, be fined not less than fifty nor more than three lum- dred ($300.00) dollars for each offense; and every day for which any person or persons shall keep any house, room or place of any descrip- tion, or shall knowingly allow any such house, room or place to be used or occupied for the purpose aforesaid, shall be deemed and held to be a separate and distinct oiTense. Sec. 768. Any jDerson or persons who shall obstruct any gutter or drain in any street or alley of said cit.y, or shall place anything therein likely to obstruct the same, shall, on conviction, be fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the Eecorder's Court. Sec. 769. Every resident of the City of Atlanta is required to be successfully vaccinated a sufficient number of times to make it evident that successful vaccination is impossible, unless the facts shall be cer- tified to by two reputable physicians of the City of Atlanta, that in any particular case it will be dangerous to the life or health of the per- son in question to be vaccinated, and it shall be within the discretion of the Board of Education of the City of Atlanta to admit any diild to the public schools without having been vaccinated, when the fact that it will be dangerous to the life or health of such has been certified to by two physicians, as aforesaid. Sec. 770. Any resident of the City of Atlanta over fifteen years of age, wdio has not been successfully vaccinated, and who shall refuse or fail, after twenty-four hours' notice, to be so vaccinated, may be sum- moned to appear, or be arrested and taken l)efore the Recorder's Court, and may, on conviction, be fined in a sum not exceeding five hundred dollars, or be imprisoned not exceeding thirty days, either or both, in the discretion of the court, for each day such person so refuses or fails. And any parent, guardian or any other person, having con- trol of a child under fifteen years of age, who has not been success- fully vaccinated, and who shall fail to have such child so vaccinated after twenty-four hours' notice, shall be subject to the penalties above provided, upon conviction in the Recorder's Court. Sec. 771. Any practicing physician, or other person, who sliall know of the existence of a case of small-pox or varioloid in the City of Atlanta, and who shall fail within six hours to report the same to the Board of Health, or a health otficer of the city, shall be arrested by an officer or member of the police force and taken before the Recorder's Court, and such persons shall, on conviction, be fined in a sum not exceeding five hundred dollars, or bo imprisoned not exceeding thirty days, either or hotli. in the disorelioii of the court, t'oi- eacli otTense. Sec. 772. The Board of Healtli of tlie City of Atlanta shall have full power and authority to send to a hospital or (|uarantine estab- lislied or designated for the pur])ose any j)erson within tlie City of Failure to be vaccinated. Failure to have children vacci- nated. Penalty for failing to re- port small-pox, etc. Part III. — Ordinances. 221 • ■ — Atlanta who may bo sick with siiiall-pox, cpidcinic cliolcra, yellow ,^„t,,o,.iyi„ fever, typhus fever, scarlet fever or diphtheria, when in the j^iflgment ^f^Jj'jj^^lJ'^^Jjg of said Board of Health such isolation is necessarv for tlio jirotection^j^gjji'f'Jf'''^ °* of the public. Said Board of Health shall also have authority to sub- ^j,^, ^^^ ^ggg jeet all jjersons who may have been e-\[)ose(l to contagion or infection of any of the aforesaid diseases to such quarantine restraints and reg- ulations as may be deemed necessary and be promulgated by said Board of Health. Sec. 773. The Board of Health is authorized to order a fumigation of the premises where a case of scarlet fever, yellow fever, typhus fnmipation au- fever, cholera, small-pox or diphtheria has occurred, and may place premises where thereon a flag or other design of warning during the prevalence of fsts.''^'°" ^^ said diseases, and any person hindering or obstructing the execution of Oct. 5, i894. the order of said board, or who shall remove such flag or design with- out authority, shall be punished, upon conviction in the Recorder's Court, by fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days. No removal of a scarlet fever, yellow fever, typhus fever, cholera, small-pox or diphtheria patient shall be mademovaiof. from the residence where the disease occurred, or flag or notice put upon the premises, except where there is a lack of care and absence of isolation, which render removal, or flag or notice necessary. Sec. 773(a). No family shall move away from any dwelling place while a warning card is displayed thereon, without permission from .^ ^^ the Board of Health, and any person violating the provisions of this ^"^y'^JI'^^^j^j;^ ordinance shall, upon conviction in the Recorder's Court, be fined not '^'"^^ *^^''^ ^^ more than one hundred dollars and costs, or be imprisoned not exceed- ing thirty days, either or both, in the discretion of the court. Sec. 774. Any person who shall hinder or. obstruct any members of the Board of Health, or any members of the police or sanitary force n^'^be^ int"r- or other person acting under the authority, or by direction of said ^'"'''^ ^^^^^' Board of Plealth, from removing to a hospital or quarantine any per- son whom they desire to remove, or are so removing, or who shall in any way hinder or obstruct the proper officials in enforcing any of the provisions of this section or of any of the foregoing sections of this ordinance, shall be arrested and taken before the Recorder's Court, and shall, upon conviction, be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than thirty days, either or both, in the discretion of the court. The Board of Health shall make suitable rules and regulations for carrying the foregoing sections into effect. Sec. 775. The Board of Health of the City of Atlanta shall have authority to establish a quarantine against any place, person or rail- Health may way train being dangerously infected by epidemic, cholera, yellow against any fever or small-pox, whenever, in the judgment of the Board of Health, etc. a quarantine becomes necessary for the protection of the city. Sept. lo, isss. 222 Part III. — Ordinances. Conductors, etc., violating. Sec. 776. It shall be the duty of the Board of Health to make necessary regulations to insure the faithful enforcement of this ordi- nance. Sec. 777. Any railroad conductor or engineer, or other person who shall bring into this city any excursion train in violation of the regulations of the Board of Health, after having received notice to that effect, shall be subject to fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, upon conviction in the Eecorder's Court. Sec. 778. Any person who shall violate any of the rules and regu- lations made by the Board of Health in pursuance of this ordinance, shall, on conviction in the Eecorder's Court, be fined not more than five hundred dollars, or be imprisoned for not more than thirty days, either or both, in the discretion of the court. Sec. 779. From and after the passage of this ordinance, when any child in the City of Atlanta, eligible to admission at the public schools of said city, shall have a contagious or epidemic disease, or when a contagious or epidemic disease exists in a family, or household, in said city, in which a child of school age shall reside, it shall be the duty of the attending physician in either of the above recited cases of sick- ness from contagious or epidemic diseases to report to the parent or guardian and to the Superintendent of Public Schools, the existence and nature of such contagious or epidemic disease ; and any attending physician who shall fail, refuse or neglect to report as aforesaid, shall, on conviction thereof, be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the court. That any parent or guardian who shall, in said city, knowingly permit a child to attend the public schools of said city when said child has a contagious or epidemic disease, or when either of said diseases exists in a family or household in which a child of school age resides, shall, on conviction thereof, be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the court. That authority is hereby conferred upon the Board of Education of said city to prescribe when, and under what evidence, a child may be refused admission to or, if already admitted, discontinued from attendance upon the public schools of said city, and when and upon what evidence readmitted to said public schools, by reason of such child having, or having had, a contagious or epidemic disease, or when either of said diseases have existed, or shall exist, in a family or household in which such child of school age resides. Sec. 780. Any person circulating a false report that .there is in this city, or at any place in this city, any contagious or infectious disease, shall, on conviction in the Eecorder's Court, be fined not more than one hunrlred dollars, or imprisonment not more than thirty days. Physician to report. Board of Edu- cation, au- thority given. Readmitted to schools. To prevent the circulation of false reports of contagious dis- eases. Approved Sept. 22, 1897. Part III. — Ordinances. 223 Sec. 781. Any owner or person in possession of any horse or mule three hours after the knowledore of the fact that said horse or mule^^'Lfe"' '" ''''-'■ glanders not to be kep limits. has glanders, or three hours after notice to remove said horse or mule jj^^ ^g^ ;^888. beyond the limits of said city, shall, on conviction in the Recorder's Court, be sentenced to pay a fine not exceeding one nundred dollars, or to hibor on the public works not exceeding thirty days. Sec. 782. Xo person shall lead, ride or drive on the public streets norses. etc., any horse or other animal that has the glanders, or other infectious or etc.! prohib" contagious disease, under penalty not to exceed fifty dollars, upon con- ' "^ viction in the Recorder's Court. Sec. 783. Any person carrying through the streets of said city any horse, mule, cow, sheep or hog sick with a contagious or infectious dis- carryins dis- . CO, T eased animals €ase, without the permission of a Sanitary Inspector, shall, on con- through the . . . streets. yiction, be fined not exceeding one hundred dollars, or imprisoned not ' ® ' ^ , Dec. 19, 1887. exceeding thirty days, or both, in the discretion of the Recorder's Court. Sec. 784. From and after the passage of this ordinance, it shall be g^njiarv in- the duty of the Sanitary Inspectors to condemn and require to be sent soectors, duty, out of the city by the owner or party in possession thereof, under direc- tion of such Inspectors, as garbage, all decayed or stale melons, fruits j£erehants and and vegetables, and all unsound, tainted, offensive, or unwholesome °tiiers. meats, fish, poviltry, game, or other articles of food kept or stored in any box or refrigerator, held or offered for sale at any of the fruit i^ie^ts, fish, stands, stores or markets in said city, or offered for sale from any car '^o"^*''^'' ^*'^- on any of the railroad tracks in said city. Any merchant, trader, "^""^ *' ^®^^' dealer or other person who shall refuse to allow the Inspectors aforesaid opportunity to inspect their stock of melons, fruits, vegetables and' penalty, meats, fish, poultry, game, or foOd-stuffs of any kind, or who shall, Dec. 20, 1886. when any of said stock is condemned, refuse to remove it from the city as garbage, shall, on conviction in the Recorder's Court, be punished by a fine not exceeding one hundred dollars, or imprisonment not ex- de^iyed'^'meat's^ ceeding thirty days. That any merchant, marketman, fruit stand keeper, or other trader or dealer, wdio shall sell, or offer for sale, as food, any stale or decayed lemons, fruits or vegetables, or who shall ^"'^ ^' sell, or offer for sale, as food, any spoiled or decayed meats, or fish, or other article of food, shall be punished, on conviction in the Recorder's Court, by a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, in the discretion of the court. Sec. 785. Xo animals or fish that died by disease or accident, no carcass of anv calf, pig or lamb, which, at the time of being killed, was Diseased and •' ' ir ID ^7 o - unwholesome less than six weeks old, and no meat therefrom, nor any animal, nor ">?^t not to be ' ' J ' sold, kept or meat therefrom, killed while feverish, bruised, disabled, injured with ^fj^''^'^ ^°'" broken limbs, or otherwise ; heavy with young, jaded or fatigued from j^j^ 3 ^gg- long driving or shipping; or killed or kept in same building, or in so 224 Part III. — Ordinances. close proximity with fumes or gas of diseased or other spoilt meats, or dead carcasses, as- to be contaminated therefrom or rendered unwhole- some or unhealthy thereby, or hauled in same vehicle, or manipulated with tools used on diseased or other dead .carcasses as aforesaid, or dressed or kept in any bulling wherein animals, or parts of animals, dead from injury or disease are stored, kept or rendered, or wherein decomposed, putrid or offensive meats of any kind are kept, or within Feb. 21 is^r. 0^6 hundred feet of any building wherein animals dead as aforesaid or other unsound meats are stored, kept or rendered, or dressed, or kept in an}' house or upon the premises which are not clean and main- tained in a pure and wholesome condition by necessary disinfection, flushing, washing, scalding and lime washing, and the removal there- from of all accumulations of filth and of all decomposing and offen- sive matter, shall be brought into said city, or in said city sold, held or offered for sale as food. Any person violating this section of tliis Penalty. ordinance shall, on conviction thereof in the Recorder's C*ourt, be fined not exceeding one hundred dollars, or imprisonment not longer than thirty davs, either or both, in the discretion of the court. Sec. 787. Xo merchant or dealer, or their agent or employe, shall, oieomargaiine, in this citv, Sell any oleomargarine, butterine, or any other imitation sold without of butter, without representing to the purchaser, clearly and distinctly, representation i , i i • m- of its nature. What he or slie IS selling. Sec. 788. No merchant or dealer shall keep in their store, for sale, any oleomargarine, butterine, or other imitation of butter, unless the Oleomargarine, o ^ etc., to be sauic lias Stamped on the body of the package, in letters one and one- such, half inches high, and the same width, the name of such imitation. A stamp on the lid shall be insuflicient. Sec. 789. Auy person violating the provisions of either of the fore- Penaitv S^^^S scctions shall be summoned tcf appear, or may be arrested and May 7 18S3 takcu bcforc the Recorder's Court, and shall, on conviction, be fined in a sum not exceeding one hundred dollars, and not less than twenty dollars, or be imprisoned not exceeding thirty days, either or l)oth, in the discretion of the court. Meat wagons. Sec. 790. All wagous and other vehicles, hauling freshly butch- oct. 11, 189.5. ered meats, shall be so covered as to conceal such meats from view. Sec. 791. Any person, firm or corporation convicted before the Re- corder's Court of a violation of Section 790, shall be punished by fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, either or both of said punisliments, in the discretion of the court. Sec. 792. From and after the passage of this ordinance, no person Water closets owuiug iuiprovcd property or being the legal representative or agent to be connect- thereof, shall have, on his or her premises, within the fire limits of ed with sew- . • i • • i ■ i • i • • x i ers and water, said city, or clsewherc m said city oTitsKlc o\ the fire limits, where Oct. 3, 18S7. water and sewerage are accessible, any fop privy wherein Iniinan excre- Part III. — Ordinaxces. 225 inent is deposited, unless the same be connected with a sewer and proper water facilities for carrying otf the same, without obtaining ^"^- ^' ^^^^• the written consent to do so of the Board of Health of said city, which consent shall only be given when, in the opinion of said board, it would be unreasonable and inconvenient to demand of siich owner that the connection be made. Sec. 793. When neither the owner, legal representative or agent of said property are domiciled in said city, the tenant in possession bie.° ""^^p""®'' shall be subject to all the pains and penalties hereinafter provided for violations of this ordinance. Sec. 794. It shall be the duty of the Sanitary Inspectors of said city to serve a copy of this ordinance on all parties offending the pro- nance to be visions thereof, which said copy shall be served forty days previous to trial for a violation of this ordinance, said copy to be served person- ally, or by leaving it at most notorious place of abode, or by leaving it at premises in question. Sec. 795. Any person violating the provisions of this ordinance, shall, upon conviction before the Eecorder's Court of said city, be fined Penalty, in a sum not exceeding one hundred dollars, or be imprisoned not longer than thirty days, either or both, in the discretion of the court, for each day's violation hereof. Sec. 796. Nothing herein contained shall be construed to mean that the City of Atlanta is liable for the expenses of construction of fo*r*^; "p^ense"^^" water closets, or of sewer connections, or of furnishing water facili- ties made necessary by this ordinance. Sec. 797. That all water closets now, or hereafter, having sewer connections, shall also have proper water connection with the city hating sew^r^ waterworks,, or from private windmills or waterworks, where there is musT*iiave an ample flow of water, and all said water closets shall be so flushed uon" with water, of sufficient flow and strength, as will prevent the accumu- Feb. 27, is87. lation of offensive matter, and will safely and promptly carry off the same into the sewers. Sec. 798. Any person using, controlling or owning water closets not thus provided as above, shall, on conviction thereof, before the Recorder's Court, pay a fine of not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, either or both, in the discre- tion of the court. Sec. 799. The Board of Health of said city shall have full power and authority to require the owner of any improved real estate within Hg^ifh'niav re- said city, to provide suitable privy or water closet accommodations ^y^^^^ ^oset^s^ upon such improved premises, whenever in the judgment of said°^^™j.P''o^'e'^ board such improvements are necessary to preserve the health or to protect the sanitary interests of citizens of any neighborhood within said city. Sec. 800. After fortv davs' notice served upon the owner or agent {15} 226 Part III. — Ordinances. in charge of any such property, hy one of the Sanitary Inspectors, to dos^ets^ ^^■^*^'" make and provide such accommodations aforesaid, and a failure to have same made and provided, such owner or agent or person in charge of such property shall be subject each day such accommodations afore- said are not made and provided, to pay a fine not exceeding one hun- dred dollars and costs, or to imprisonment not exceeding thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 801. It shall be unlawful for any person, firm or corporation Regulating the in erecting or constructing privies or water closets, to place them in Penalty for failure. Sept. 17, 1S90. prfv?eTand"wa- or ovcr any part of the surface of any street or alley, or on, over or ter c osets. extending into any part of any area owned Jointly by abutting prop- erty owners, and left between buildings for the purpose of light and ventilation. Sec. 802. It shall be the duty of the owner, agent or person in charge of any real estate within the limits of the City of Atlanta, hav- ing privies or water closets which extend on or over any part of the surface of any street or alley, or any area owned jointly by abutting property owners and left between buildings for the purpose of light and ventilation, to remove such privy or water closet from such loca- tion so as to no longer extend or be maintained at any place prohib- ited by this ordinance. Sec. 803. Any person, firm or corporation convicted of a violation of this ordinance, in the Eecorder's Court of the City of Atlanta, shall be punished for such violation by a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, and each week that any such privy or water closet shall be maintained in violation of this ordinance shall constitute a fresh offense and shall be punishable by like fine or imprisonment as hereinbefore specified. Sec. 804. Whereas, The charter of the City of Atlanta was so amended by an Act approved on the ninth day of December, 1893, and particularly by the third section of said Act, as to include within the corporate limits of said City of Atlanta, for police and sanitary pur- poses, the sanitary dumping grounds, to-wit: Ninety-two (92) acres, more or less, of land belonging to the City of Atlanta, in land lots 113, 114, 115 and 143, in the fourteenth district of originally Henry, now Fulton county, and also the land lying between the City of At- lanta and said dumping grounds, and the roads or streets leading from the City of Atlanta to said dumping grounds, and especially the roads known as Bellwood avenue, the extension of Simpson street, the exten- sion of West Hunter street, the extension of Ashby street, and Mason and Turner's ferry road, and also any other roads now existing or ' which may be opened leading from the City of Atlanta to said dump- ing grounds, so as to give the Mayor and General Council jurisdi-^lion over said grounds and the intervening lands and roads, for police and sanitary purposes, and to authorize said Mayor and General Couiu-i! Dumping grounds. July 5, Part III. — Ordinances. 227 to iiuiki' and enforce all ordinances necessary for the preservation of tlie peace and order, and for the protection of the property and the implements of the City of Atlanta from molestation, disturbance or iiijiii-y, in the conduct of the sanitary work of said city, or in or about said roads and grounds. Sec. 805. Any employe of the Board of Health in charge of the night soil wagons, garbage carts or trash wagons of the City of rofane lan- guage, etc., Atlanta, or charged with the duty of supervising the conduct of such puni'sTied?^*^^ drivers and wagons, who shall be guilty of using profane language, or quarreling, or fighting, or of any other act of disorder or indecency not indictable under the laws of Georgia, on the dumping grounds described in the preamble to this ordinance, or on any of the roads named in the preamble, or on any of the lands between the City of Atlanta and said dumping grounds, to the annoyance of people living about said grounds or near said roads, or persons traveling along said roads, shall be arrested and brought before the Eecorder's Court of the City of Atlanta, and, on conviction of a violation of this ordinance, shall be punished by a fine not exceeding one hundred dol- lars, or imprisonment not exceeding thirty days, in each case, either or both of such punishments, in the discretion of the court. Sec. 806. Any person, other than an employe of the Board of ^ ^ . •J i- ' 1 J • Interference by Health, who shall, without the permission of the superintendent in ^'^g^^j'^'^''^ p"""^ charge of said dumping grounds, or of the superintendent in charge of the wagons, carts, etc., passing along said roads, interfere with the sanitary work of said Board of Health by molesting, injuring, or med- dling with any of the property in charge of said Board of Health or its employes, such as the crematory or any of the machinery, or the wagons or carts used in connection with, or the roadways to said crema- tory, or the night soil pits, or the dump heap, or the wagons or carts used in connection with such pits or heap, or the live stock employed by said Board of Health in connection with such sanitary work, or the em- ployes of said Board of Health, or shall be found loitering on said premises, shall be arrested and brought before the Recorder's Court of I the City of Atlanta, and, on conviction of a violation of this ordinance, j shall be punished by a fine not exceeding one hundred dollars, or im- i prisoned not to exceed thirty days, for each offense, either or both of j these punishments, in the discretion of the court; provided, it shall j be the duty of the superintendent in charge of such dumping grounds, j or the superintendent in charge of the wagons carrying night soil or I garbage, at all times to furnish ready and convenient opportunity to sober persons living in the neighborhood of the dumping grounds, or the roads aforesaid, to make reasonable examination of said grounds, pits, dump heap, crematory, wagons and carts, upon application to such superintendent or person in charge of the wagon, for opportunity to make sucli examination. 228 Part III.— Ordinaxces. Sec. 807. Any person or persons who, in said dumping grounds or lands intervening between them and the eit}^ or along said roads lead- juiy 5, 1894. jj^g fpQjj^ j-^q ^^^y j-q ^^^^ dumping grounds, shall interfere with the employes of the Board of Health, or the property in their charge, by cursing, threatening, or in any way maltreating any of said employes, or by meddling with any of the property in their charge, to the injury of said property, or the obstruction of the sanitary work of said Board of Health, and without the permission of the superintendent of the dumping grounds, or of the person in charge of the transportation to said dumping grounds, shall be arrested and brought before the Re- corder's Court of the City of Atlanta, and, on conviction of a viola- tion of this ordinance, be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, for each offense, either or both, in the discretion of the court. Sec. 809. The Board of Health of the City of Atlanta is hereby Removal of authorized to contract for the removal of all dead carcasses of animals, sucli as horses, mules and cattle, from within the corporate limits of the City of Atlanta, and to authorize said contractor to charge for and collect from the owners of such dead carcasses not more than one dollar per head, and such contract to run not exceeding three years, on the following conditions : Sec. 810. The City of Atlanta is to be in no event liable for the City not liable ^ for expense, expcusc of rcmoviug any such carcass or carcasses by said contractor. Sec. 811. Said contractor to give bond, with good security, to be judged of by the Mavor and chairman of the Board of Health, in the Contractor to '' '^ '' • ' give bond. sum of fivc hundred dollars, conditioned for the faithful perform- ance of said contract, and to hold the City of Atlanta harmless on account of suits for damage on account of the removal or disposition of such carcasses. Additional security to be given whenever required by the City of Atlanta. Sec. 812. The right of the owner to remove the carcass of any ani- owner's rights ^^^^' which carcass is of value to such owner, must be recognized by respecting. g^^^.|^ COUtractor. Sec. 813. Such carcasses to be removed, whether by tlie owner or Carcasses to be the coutractor, to such land or place outside the city limits as shall hv sX°c'ity°i'im- designated from time to time by the Board of Health, or the Sanitary Inspectors acting for said board. Sec. 814. It shall be the duty of any person owning any sucli ani- mals, as is described in Section 809, or any person on whose premises notice within any such animals should die or be found dead, to notify the Sanitary ter discovery Inspcctor of the district wherein such dead animals may be found, or the Chief Sanitary Inspector's office, of the location of such dead ani- mals in order to its removal by such contractor, within three hours after its death, or the discoverv thereof, unless such owner within tluit Part III. — Ordinances. 229 time remove or cause, or procure the removal of such carcass to the ])hice designated by the Board or Inspectors, as herein provided for. Sec. 815. It shall be the duty of the contractors aforesaid after entering such contract as is herein authorized, to provide neat and appUa^ces!"'^ proper vehicles and appliances for the removal of such carcasses with- out offense to persons living or passing along the routes or ways trav- eled in the removal of such carcasses. And the Board of Health shall liave power at all times to regulate the removal of such carcasses. Sec. 816. The Board of Health is authorized to make such further contract with said contractors for the delivery to them at the city ""* ammas. dumping grounds of the carcasses of small animals like sheep, dogs, etc., as to such board may seem advisable, and to change said contract from time to time, in the discretion of said board. Sec. 817. It shall be unlawful for any person to sell or offer for sale, within the limits of the City of Atlanta, any impure, adulterated, sophisticated or unwholesome milk, or to sell or offer for sale as pure milk any milk to which water or any other substance has been added, which in effect injures its quality or lessens its value ; or to sell or offer for sale the milk of any cow that may be sick, diseased or suffering from any bodily condition or disorder liable to render her milk unfit or un- safe to be used as food ; or the milk obtained from a cow kept in a filthy or unventilated stable or building, or in an offensively filthy lot, pen or shed, or that may be fed upon food or allowed to drink any liquid that may affect the milk so that consumers shall be exposed to the risk of sickness or disease therefrom. Sec. 818. Xo milk or cream shall be sold, kept, offered or exposed for sale, stored, transported, exchanged, carried, delivered or in any o°*jusf ^l7^ manner disposed of, drawn from cows within fifteen days before and waiving, ten days after parturition, nor shall the same be mixed with any other milk or cream for such purposes. Sec. 819. It shall be the duty of the Inspector directed or instruct- ed herein to visit, view and inspect all places and vehicles from which ^p"ector.°' ^"' milk, cream or butter may be sold, offered for sale, stored, kept, ex- changed, delivered or disposed of, as well as to inspect, view and ex- amine all vessels, cans, receptacles, packages, refrigerators or compart- ments of stores, places or buildings, erections or establishments of any kind containing milk or cream, and ascertain or examine the condition thereof with reference to cleanliness and sanitation, and he is author- ized, directed and empowered to cause the removal and abatement of any unfit, unclean or injurious conditions attending the keeping, stor- ing, care, custody or control of milk, cream or butter at and in all places. Sec. 820. It shall be the duty of said Inspector to see that all ven- ders of milk who sell or offer for sale skimmed milk have attaclied to miik.™'' 230 Part III. — Ordixaxces. the can or vessel containing such milk, the words "Skimmed Milk" in plain, distinct letters, not smaller than 1x2 inches. Sec. 821. Xo milk or cream shall be sold, offered for sale, ex- g; on wagon changcd, delivered, transported, conveyed or carried on any wagon or other vehicle unless there shall be painted thereon, on both sides there- of, in a conspicuous j^lace, and in legible letters not less than four inches in height, the name and location of the dairy or place from whence the milk was obtained. Sec. 822. The Inspector shall have the right to enter and have Rights of In- full access, egress and ingress to all places where milk or cream is ^^^'^ °'' stored or kept for sale, to all wagons or other vehicles, railroad cars, or conveyances of any kind used for the conveyance, transportation or delivery of milk; and to take samples of milk and cream therefrom, not exceeding one quart, for the purpose of inspecting, testing or analyzing the same; provided, lioivever, that if upon analysis it is proved that the condemned milk is unadulterated, the city shall be lia- ble for the value of the article destroyed. Sec. 823. All samples of milk and cream taken or Vn'ought to the office of the Board of Health bv the officers thereof, or by anv other Samples ana- *' ' ^ ^ lyzed. person, shall, by the Board of Health or by the Chief Inspector, be an- alyzed or otherwise satisfactorily tested, and wherever and whenever said milk or cream so tested or analyzed shall be found violative of the provisions of this ordinance, the necessary steps shall be taken for a prosecution of the offender thereof. The analysis or test herein re- quired may be made with such instruments, apparatus, chemicals, or other articles, and to such extent as may by the Board of Health be deemed necessary. Sec. 824. Xo milk shall be kept, sold or offered for sale, stored, Not more than cxchangcd, couveycd, carried or delivered in care, custody, control or fluids'' noT\ess posscssiou of any one, if it contain more than eighty-eight percentum cent. ^Liill of water fluids, or less than twelve percentum of total solids, of which total solids three percentum shall be butter fats. Sec. 825. No person shall sell, deliver or offer for sale within tlie city limits, or bring or send into the city for sale any milk without a Pennits neces- ^^^^^-^ ^^ ^^ ^^ ^^^^^^ ^^^^ Department of Health. Such permit shall be furnished gratuitously to applicants on condition that all laws, ordi- nances and regulations concerning dairies, milk, milk dealers and dairy products be strictly complied with; and such ])erniit shall be T('voeaI)le by the Board of Health for violation of any of the above conditiom. Sec. 82G. Any person who shall violate any portion of the fore- ffoinff ordinance shall, after conviction in the l?ecorder's Court, be fined. Penalty o o ^ not less than ten dollars nor more llian one luiiulred dollars, or impris- oned not more than tliirty days, or Ijotli or v\[\\v\\ in the discretion of the court. Sec. 827. Any occupant of any improved h)l, or owner or agent of Part III. — Ordinances. 231 owners of any vacant lot, who shall fail or refuse to cut the weeds on ^."^drcu? in said improved or vacant lot for forty-eight hours after notice to cut ^■'''•'»"* '"'"• the same by a Sanitary Inspector, upon order of Board of Health ^p^'sd?.^ ^"^*' after investigation of each case, shall, on conviction in the Recorder's Court, be fined not more than one hundred dollars, or imprisoned not more than thirtv davs. CHAPTER XYIII. SANITARY TAX. Section. 828. Assessment. 829. Lot— what constitutes. Section. 830 How collected. Section 828. An assessment of three dollars shall be levied each ^ggggg^jg^j. year upon each improved lot and the owner thereof within the city^^^^ 20, 1882. limits for sanitarv purposes. Sec. 829. Each lot having a residence thereon, or a storehouse, or ^^^ for-what each separate tenement where there are more than one, or each twenty- constitutes, five feet of any hotel, manufactory, depot or machine shop, shall con- stitute a lot for said purpose. Sec. 830. The Sanitary Inspectors shall, by the first day of Feb- sanitary taxes, ruary of each year, furnish to the Tax Assessors a full list of lots and lot owners throughout the city liable for sanitary taxes, which shall be entered by the Tax Assessors upon the tax digest, and the Tax Col- lector shall collect such sanitary taxes at the same time and in the same manner that other property taxes are collected. » CHAPTER XIX. marriages, births and deaths. Section. 831. Report of marriages. 832. Report of births. 833. Physicians must register. 834. Penalty. 835. Blanks furnished. 836. Record of deaths. Section. 837. Certificate of death. 838. Burial permit. 839. Certificates in case of bodies from with- out city. 840. Sexton's duty. 841. Penalty. Section 831. It shall Ije the dutv of everv clergvman, magistrate. „ , , f^' ' ^ - Report of or other person who shall perform any marriage ceremony within the "ages. City of Atlanta, to report each marriage ceremony solemnized by him to the Board of Health office within forty-eight hours thereafter, giv- ing the full name, age, color, occupation, birthplace (State and county), and legal residence of each person married, and the date of such marriase. Part III. — Ordixances. Registry of physicians. Penalty. Sec. 833. Any physician, accoucheur, midwife, or other person in charge, who shall attend, assist, or advise at the birth of any child within the City of Atlanta, shall report to the Board of Health office within six days thereafter, stating distinctly the date of birth, sex and color of child or children born, its or their physical condition, whether still-born or not, the full name, nativity and residence of the parents, and the maiden name of the mother of such child or children. Sec. 833. It shall be the duty of every physician, accoucheur, and midwife practicing medicine or doing business within the City of Atlanta, to register his or her name in a book to be provided for such purpose at the office of the Board of Health of said city, giving full name, residence and place of business; and in case of removal from one place to another in said city, to make change in said register accordingly. Sec. 834. Any person who shall violate or aid and abet in violating any of the provisions of the foregoing ordinances, shall, upon convic- tion in the Eecorder's Court, be punished by a fine of not less than ten nor more than one hundred dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the court. Sec. 835. It shall be the duty of the Board of Health to keep on hand at all times a supply of blanks for gratuitous distribution to all persons whose duty it shall be to make returns under the foregoing ordinances. Sec. 836. The Board of Health shall cause to be kept, at some convenient place, a book for the registration of all marriages, births and deaths, as hereafter provided, occurring in the City of Atlanta. Sec. 837. In all cases of death, occurring in the City of Atlanta, the attending physician shall give a certificate, according to a blank form prescribed and furnished by the Board of Health, stating name, age, sex, color, nativity, occupation, condition (married, single or widowed), residence and date, and cause of death of such deceased person to the family, or person in charge of the dead body, and, in case of sudden death, or any death where there is no attending pliysi- cian, the City Physician in the ward where the death occurs, when requested, shall, after satisfactory investigation, or any other physi- cian who has investigated the facts, may, when applied to, give such certificate; and the Coroner, or other officer acting in his place, may likewise give such certificate, in cases coming under his notice. If any person authorized to issue such certificate cannot state the cause of death, he must certify that it is unknown. Sec. 838. When such certificate is presented to the Board of Health, or to tlie person designated by them, a permit shall be issued for the burial or removal of such deceased person, and the certificate shall be filed and tlie facts thci'ein set forth shall he dulv recorded, Approved Mar. 17, 1896. try of deaths to be kept. Certificate of death — by whom given. Jan. 20, 1S90. Permit for burial or re- moval issued on certificate. Part III. — Ordinances. 233 and the fact of the issue of such a permit shall be reported to the Comptroller, stating whether child or adult. Sec. 839. If the body of any person who has died- without the lim- its of the City of Atlanta shall" be brought into this city for burial, a and"JermU3 certificate in due form shall be presented, and a permit shall be issued, non-wsident. as provided in cases of persons who die within the city, but the record shall show that such person is a non-resident, and the death shall not be charged to the mortality of the city, unless said deceased person shall be a resident of this city, death having occurred during a tem- porary absence only from home. Sec. 840. No sexton or superintendent, or person in charge of any cemetery under the jurisdiction of the City of Atlanta, shall bury or removal to be remove from said city the body of any deceased person without first TpemH! obtaining such burial permit, and no undertaker or agent of any rail- road, or conductor of any railroad train, or agent or employe of any express company, or any other person, shall remove the body of any deceased person who died in said city, or may have been brought into caid city for burial beyond the limits thereof, without a permit from the Board of Health, or from a person designated by them. Sec. 841. Any person whose duty it is to report a birth or death and the cause of a death, under the foregoing sections, and who shall fail to do so, or who shall violate any other provision of the preceding sections, may be summoned to appear or be arrested and taken before the Becorder's Court, and may, on conviction, be fined in a sum not less than ten nor more than one hundred dollars, or be imprisoned not ex- ceeding thirty days, either or both, in the discretion of the court. 234 Part III. — Ordinances. CHAPTER XX. DRAINAGE, INCLUDING SANITARY PLUMBING. Section. 842. Lots and cellars. 843. Nuisances on lots. 844. Filth from privies. 845. Obstructing water. 846. Plumbing — regulation of. 847. Material. 848. Direct arrangement. 849. Expose pipes to view. 850. Water closets ventilated. 851. Separate connection. 852. Pipes and, cement. 853. Sewer connections— how made. 854. Cast iron house drains. 855. Lay in straight lines. 856. Traps. 857. Inlets for fresh air. 858. Brick, etc., not used. 859. Iron waste pipes. 860. Vent pipes extend above roof. 861. Size of lead pipes. 862. No traps — on what pipes. 863. Joints must be gas tight. 864. How lead and iron pipes connected. 865. Wiped joints. 866. Traps for closets, etc. 867. Traps near fixtures. 868. Strainers. Section. 869. Bath tubs and water closets separately trapped. 870. Traps protected from syphonage. 871. Vents regulated. 872. Traps not used as waste pipes. 873. Overflow pipes. 874. Safes have special pipes. 875. Refrigerators — how drained. 876. Closets — how supplied with water. 877. Outdoor closets, how flushed. 878. Rainwater leaders. 879. Indoor leaders. 880. Steam exhausts. 881. Tenement houses. 882. Notice to Board of Health. 883. Penalty. 884. Inflammable substances not to bo used by gas fitters. 885. Penalty. 886. Plumbers' reports. 887-888. Plumbers must be licensed. 889. Board of Examiners for plumbers. 890. Oath of examiners. 891. Organization of Board. 892. Extent of examinations. 893. Penaltv for work without license. Lots and eel lars to be drained. Nuisances from Section 842. All lots and cellars within the city limits shall, by their owners and occupants, be kept in such condition as not to allow an}' water to stagnate, or otherwise become oflEensive or unhealthy, or any other nuisance to exist thereon; and, upon conviction of a viola- tion of this ordinance, such owners or occupants, upon conviction in the Recorders Court, may be fined not exceeding ten dollars, or impris- oned not exceeding ten days, for each day such nuisance exists after the notice hereinafter provided for has been served. Sec. 843. The Marshal or Deputy Marshal, or any policeman or Sanitary Inspector^ shall give said owners or occupants written notice of the existence of said nuisances, and after three days from the tiine stagnant water ^f ^.^^^ notlcc, the Marshal shall proceed to abate the nuisance l)y draining said lots and cellars, or otherwise, as may be necessary; and the Clerk of Council shall issue execution for the costs of sucli abatt'- ment against said owners or occupants, and the lot on whicli sucli nuisance may exist. Sec.' 844. Tt shall be unlawful for any person to convey, discharge or deposit tlie filth of his or her privy, or allow the same to be done, upon the streets of the city, or the property of another person ; l)iit it may be discharged by any private sewer into any public sewer dis- charging into running water. Any person violating this ordinance shall be arrested and, upon conviction, fined by the Recorder's Court in a sum not exceeding ten dollars and costs for cvcrv dav, or twenty Filth from privies. Part III. — Ordinaxces. 235 days' work upon the chaingang, if such nuisance so committed con- tinues ; and the nuisance, if not abated by the offender, shall be abated by the ^Marshal at the offender's expense. 8ec. 8-t5. Any person who shall, by the erection of a dam, or obstruction of any kind, prevent the natural flow of water, and cause ^-aten the same to be dammed up or collected in pools upon any lot in this city, or any street or alley, or shall cause to be done any work the effect of which will be to cause any such damming up or collection in a pool or pools, shall be arrested and brought before the Eecorder's Court, and, upon conviction, shall be fined in a sum not exceeding one hun- dred dollars and costs, or be imprisoned not to exceed thirty days, or either, or both, in the discretion of the Recorder's Court, for each day such obstruction shall remain, or such work shall be carried on : pro- vided, that the above shall not prevent owners, or others, from filling- up lots as they may desire, if sufficient drainage or surfaceage is pro- vided through or across the same for such natural flow: and, provided. that the above shall not prevent the changing of the grade of any street as may Ije for the public interest. Sec. S4G. All plumbing and house drainage, in both public and private buildings within the Citv of Atlanta, shall be done accordino; plumbing" and ■ ""' house drainage. to the rules and specifications herein contained, and it shall be the , ^ ' Oct. 1, 1888. duty of the Board of Health to provide regulation? to insure the enforcement of this ordinance. Sec. 847. All materials shall be of good quality and free from i^[atpriai and defects : the work shall be executed in a thorough and workmanlike ^^'°'''^- manner. Sec. 848. The arrangement of soil and waste-pipes shall be as soii and waste direct as possible. ^ fl^^l ^"'^ Sec. 849. The drain, soil and waste-pipes and the traps shall, if practicable, be exposed to view for ready inspection at all times, and for convenience in repairing. When necessarily placed within parti- tions or in recesses of walls, soil and waste-pipes shall be covered with woodwork, so fastened with screws as to be readily removed. In no case shall they be absolutely inaccessible. Sec. 850. All interior water closet compartments shall be venti- . ' A'entilation of iated by windows into the open air, or into air shafts of not less than^^ater closets, three square feet in area. Sec. 851. Where there is a sewer in the street, everv house or build- ^ ' ■ Separate sewer mg shall be separately and independently connected with it, unless the a^fbuudin ^*"^ Board of Health shall give permission, which said board is hereby j^,^. authorized to do, to the owner of two or more contiguous houses to con- nect them all with the sewer in the street through a single opening. When possible, such connection shall be made directly in front of the house. Sec. 852. Where the soil consists of a natural bed of loam, sand or 236 Part III. — Ordinances. dazed i es ^^*^^' ^^® housG sewer may be of hard, salt-glazed and cylindrical earth- used, enware pipe, laid on a smooth bottom, free from all projections of rock, and with the soil well rammed to prevent any settling of the pipes. Each section shall be wetted before applying the cement, and the space between each hub and the small end of the next section shall be completely and uniformly filled with the best hydraulic cement. Care should be taken to prevent any cement being forced into the drain to become an obstruction. No tempered up cement shall be used. A straight edge shall be used inside the pipe, and the different sections shall be laid in perfect line on the bottom and sides; provided always^ that only cast iron pipe shall be used from the lower end of the main vertical soil-pipe to a point beyond the house, foundation or area line. Sec. 853. Where there is no sewer in the street, and it is neccessary Private sew- to coustruct a private sewer to connect with a sewer in an adjacent ers, how laid. g^j.ggj- qj. avcuuc, it shall be laid outside of the curb, under the roadway of the street on which the houses front, and not, when otherwise prac- ticable, through the yards or under the houses. Sec. 854. The house drain shall be of cast iron, with a fall of at Cast iron housj Icast oue-quartcr inch to the foot, and when water closets discharge '^"''''^' into it, the house drain shall be at least four inches in diameter. Sec. 855. It shall be laid in a straight line if possible. All changes straight lines, iu direction shall be made with curved pipes, and all connections with Y-branch pipes and one-sixteenth or one-eighth bends if possible. Un- der no circumstances shall more than one-sixth bends be used. Sec. 856. A running or half-S trap shall be placed on the house drain at an accessible point near the house. This trap shall be fur- Traps on house ^ • i • ji j; i • i drains. nishcd with a handhold for convenience m cleaning, the cover ot whieli shall be properly fitted and made gas and air-tight with some suital)le cement properly applied. Sec. 857. There shall be an inlet for fresh air to enter the drain Fresh air inlets J^^^t iusidc of the trap described in the foregoing section, of at least four inches in diameter, leading to the outer air and opening at some suitable place not less than ten feet from the nearest window. No cold-air box for a furnace shall be so placed that it can possil)ly draw air from this inlet pipe. Sec. 858. No brick, sheet metal, earthenware or chimney flue shall Ventilators. bc uscd as a sewcr ventilator, or to ventilate any trap, drain, soil or waste-pipe. Sec. 859. Every vertical soil and main waste-pipe sliall be of iron. Iron waste and it shall extend at least two feet through the roof, and liavi' a diain- ^'^'^^' eter above the roof not less than that of the pipe proper, and in no case shall it be less than four inclies in diameter above the roof. Sec. 860. Soil, waste and vent-pipes in an extension shall be ex- Jo°of*^° ^^°^^ tended above the cornice or roof of tlic main l)uil(ling when olIuTwise Part III. — Ordixances. 237 thev Avoukl o})eii within twenty feet of the windows of the main house or of the adjoining house. 8i:c. 8(il. When lead pipe is used to connect fixtures with vertical size of pipe. soil or waste-pipes, or to connect traps with vertical vt'nt-i)ipes. it .-hall not be lighter than D-pipe. Sec. 862. There shall be no traps on main vertical soil or waste- No traps on soil or waste pipes. pipe. Sec. 8G3. All joints in iron drain-pipes, soil-pipes and waste-pipes oas-tight shall be so filled with oakum and lead and hand-calked as to make them ^'''"*^- gas-tight. Sec. SG4. All connections of lead with iron pipes shall be made Lead and iron with a brass sleeve or ferrule of the same size as the lead pipe, put in connect'^er the hub of the branch of the iron pipe and calked with lead. The lead pipe shall be attached to the ferrule by a wiped or overcast joint. Sec. 865. All connections of lead, waste and vent-pipes shall be wiped joints, made by means of wiped joints. Sec. SiUi. Every water closet, urinal, sink, basin, wash tra_y, bath, and every tub or set of tubs, and hydrant waste-pipe, and every areaets, etc. and courtyard drain connected with a sewer, shall be separately and effectively trapped. Sec. 867. Traps shall be placed as near the fixtures as practicable, ^^^ ^ ^^^^ and in no case shall a trap be more than two feet from the fixture. fixtures. Sec. 8(38. All waste-pipes from fixtures, other than water closets, g^j.^i„p^g shall be provided at the inlet of such fixtures with strong metallic strainers to exclude from such waste-pipes all substances likely to obstruot them. Sec. 869. In no case shall the waste from a bathtub or other fixture Bathtubs sepa- be connected with a water closet trap. trapped. Sec. 870. Traps shall be protected from syphonage, and the waste- pipe leading from them shall be ventilated by a special air-pipe, in no Traps proteet- case less than two inches in diameter for water closet traps, and one syphonage. inch and a half for other traps, except when special anti-syphon fix- tures or devices, which render the trap-vent unnecessary, are used; which fixtures and devices shall first be approved in each case l^y the ia™d! '^^^'' Board of Health. In all cases vertical vent-pipes shall be of cast or wrought iron. Sec. 871. Yent-pipes shall extend at least two feet through the „ . p , Continuous root, or the single or combined pipes may be connected above the high- ^'ope. est fixture with the main vertical vent-pipe. They may be combined by branching together those which serve several traps, but the area of the combined pipes shall not be decreased. These air-pipes shall always have a continuous slope to avoid collecting water by condensa- tion. Sec. 872. Xo trap vent-pipe shall be used as a soil or waste-pipe. y^^^. j ^^ 238 Part III. — Ordixaxces. Sec. 873. Overflow pipes from the fixtures shall in each case be Overflow pipes, connected on the inlet side of the trap. Sec. 874. Every safe under a wash basin, bath, urinal, water closet fcf/wi'sh^bashis or other fixture shall be drained by a special pipe not directly eon- ^*^" nected with any soil-pipe, waste-pipe, drain or sewer, but discharging into an open sink upon the cellar floor or upon the ground outside the house. The outlets of such pipes should be covered by flap-valves. Sec. 875. The drain-pipe from refrigerators and the drain-pipe from the supply-pipe shall not be directly connected with the soil or waste-pipe, or with the drain or sewer; it should discharge into an open and water supplied sink, or it may discharge upon the ground in such manner as will not create a nuisance. Sec. 876. All water closets within the house shall be supplied with water from special tanks or cisterns, the water of which is not used how furnished for any othcr purpose. The closets, except closets placed in the yard, shall not be supplied directly from the supply pipes. A group of closets may be supplied from one tank, but water closets on different floors shall not be flushed from one tank. Xo direct connecting closets will be allowed within the house. Sec. 877. Water closets, when placed in the yard, shall be so arranged as to be conveniently and adecjuately flushed, and their water supply pipes and traps shall be protected from freezing. The com- partments for such water closets shall l)e ventilated by means of slatted openings. Sec. 878. Eainwater leaders shall not be used as soil, waste or vent- pipes, nor shall any soil, waste or vent-pipe be used as a leader. Sec. 879. When within the house, the leader shall be of cast iron with leaded joints, or of copper with soldered joints. When con- Refrigerators, etc., how drained. Water closets. Outdoor clos- Rainwater leaders. Cast iron leaders. Steam ex- hausts. nected with the house drain, it shall be trapped beneath the ground, or just inside of the wall, the trap 'being arranged in either case so as to prevent freezing. In every case where a leader opens near a window or light shaft, it shall be properly trapped at its base. Sec. 880. 'No steam exhaust or blow-off pipe from a steam boiler shall connect with any soil or waste-pipe, or directly with the house- drain or sewer. They should discharge into a tank or condenser, the waste from which, if to be discharged into the sewer through the house- drain, shall be connected on the sewer side of the house or running trap. Sec. 881. The general water closet accommodations of tenement or lodging houses, or of office buildings, or of any building in which said accommodations are permitted to be used by the public, shall not be placed in the basement or cellar, but they shall be so located and constructed that no offence or nuisance may be caused. Sec. 882. Notice in writing shall be given to the Board of Healtli, by the contractor, builder or plumljcr, in all eases of new work, or the Part III. — Ordinances. 239 remodeling of old work, or in any and all cases in which repairs involve j^^^j^^ ^^ the removal of fixtures, or changes in the location or arrangement of h^^^hi,.''' fixtures, when the work is sufficiently advanced for inspection, and no part of tlT£ work shall be covered or concealed in any way until after it lias been examined by an Inspector of the Board of Health. And the contractor, builder or plumber shall test the work to the satisfaction of the Inspector, after plugging all openings, by filling the soil-pipes and vent-pipes with water for the purpose of detecting any imperfect joints, or any other defect in the material or workmanship, which may permit the escape of foul air into or under the house, and all such defects that may exist shall be made good, as provided in this ordi- nance. Any plumbing work, as aforesaid, or any house sewer, or any house drain put up in and covered without due notice to the Board of Health, shall be uncovered for inspection by direction of the Inspector. And the contractor, builder or plumber who may be in charge of the work, and who may be responsible therefor, shall be subject to the penalties prescribed in this ordinance for any violation of the provis- ions of this section, upon conviction of such violation in the Kecorder's Court. Sec. 883. Any plumber, or other person, who shall violate any of the provisions of this ordinance, or any person who shall knowingly permit any violation of any of the provisions thereof upon premises owned or controlled as agent or otherwise by them, shall, after con- viction in the Eecorder's Court, be fined not more than one hundred dollars, or imprisoned for not more than thirty days, either or Ijoth, in the discretion of the court. Sec. 884. It shall hereafter be unlawful for any pluml)er or gas fitter in putting gas fixtures into any house in the City of Atlanta, to J^rredar'^pro- usc any cement composition or other substance which is inflammable, '"^''ted- combustible or which melts or softens under the influence of heat. Sec. 885. Any person convicted, in the Eecorder's Court, of violat- ing this ordinance shall be punished by a fine not to exceed one hun- nee. 24, isoi. dred dollars, or imprisonment not exceeding thirty days for every such violation. Sec. 886. In any case where a plumber fails to make a return, the approval of the Plumbing Inspector shall be sufficient, or any licensed, rep^t.'^'^ competent plumber may make a report or return, whether he did the Jan. 2, is!i2. whole work or not. Sec. 887. No person, firm or corporation engaged in, or working at the business of plumbing, shall engage in or work at said business Examine .'~ plumbers. in the City of Atlanta, either as master, employing or journeyman 95 m 4 plumber, unless such person, firm or corporation first receives a license therefor, in accordance with the provisions of this ordinance. Sec. 888. Any person desiring to engage in or work at the business Ever>' plumber of plumbing, either as master, employing or journeyman plumber, in examination. 240 Part III. — Ordinances. Board ' aminers, Plumbers pointed. the City of Atlanta, shall be required to submit to an examination before a Board of Examiners, as hereinafter provided, as to his experi- ence and qualifications in such trade, business or calling. In the case of a firm or corporation, the examination and licensitig of any one member of the firm, or the manager of the corporation, shall sat- isfy the requirements of this ordinance. Sec. 889. There shall be in this city a Board of Examiners. Such board shall consist of five members, of whom one shall be a master or employing plumber, of not less than ten years' experience as a prac- tical plumber; one shall be a journeyman plumber of like experience, and the other members shall be the Chief Sanitary Inspector, the City Engineer and the Secretary of the Board of Health of this city. The term of office for the master or employing plumber shall be two years, and for the journeyman, one year. The Board of Health shall appoint the master and journeyman plumbers, and their successors. Three members of the board shall have power to act. Sec. 890. All the members of the board shall subscribe to an oath Oath of Board bcfore the Mayor, to discharge their duties impartially, to the best of mem eib. their ability, without fear or favor. Sec. 891. Said Board of Examiners shall, as soon as may be after their appointment, meet and organize by the selection of a chairman and secretary, and shall designate the time and place for the examina- tion of all applicants desiring to engage in or work at the business of plumbing in this city. All persons, firms or corporations must be examined witliin sixty days after the passage of this ordinance. Sec. 892. Said Board of Examiners shall examine said applicants as to their practical knowledge of plumbing, house drainage and plumbing ventilation, and if satisfied as to the competency of the appli- cants, shall issue a certificate to that effect. Said certificate shall be signed by the Secretary, who shall keep a record of them, and is valid until revoked by said board. There shall be no compensation for the services performed by the members of said board, other than that now received under existing laws and ordinances. Sec. 893. Any person or persons violating any of the provisions of this ordinance, shall be tried before the Eecorder's Court of said city, and, on conviction, shall be subject to a fine of not exceeding fifty dol- lars, or thirty days on the public works, either or both, at the discre- tion of the court, for each and every violation, and his certificate may be revoked by the Board of Examiners. Organization of Board. Penalty. Mar. 23, Part III. — Ordinances. 241 CHAPTER XXI. GOVERNMENT OF GRADY HOSPITAL. Section. 894. Preamble. 895. More money needed, which the Board may receive and expend. 896. May make rules. 897. Vacancies— how filled. 898. Hospitals, etc. 899. Preamble. .Section. 900. Grady Hospital. 901-902-903. Government of Grady Hospital. 904. Mayor— member ex-officio. 905. W. A. Moore bequest. 906. Hospital accepted. 907. City to maintain. 908. Bequest may revert. Section 894. Whereas, Heretofore, to-wit : on the .sixth day of January, 1890, the Mayor and General Council of the City of Atlanta Preamble, authorized the appointment by his Honor the Mayor of said city of a ^^''^ ^^' ^^''^• committee composed of members of the General Council and from citi- zens, and who were entrusted with the inauguration of the Grady Hospital, and the erection of the hospital building; and, whereas, in conformity to said action of the ]\Iayor and General Council, his Honor the Mayor appointed the following named gentlemen on said committee, to-wit : Joseph Hirsch, S. M. Inman, J. W. English, R. J. committee to Lowry, W. A. Hemphill, M. C. Kiser, W. A. Moore, R. B. Bullock, ^"'''^ "°^p'*"^- J. L. Brown, H. T. Inman, Dr. A. W. Calhoun, Hoke Smith, Albert Howell, Dr. Hunter P. Cooper and Jacob Elsas; and, whereas, said committee have had the supervision and direction of said hospital enterprise up to the present time, the lot having been secured and the building commenced; and, whereas, for the completion of said building the raising of additional funds is necessary and desirable ; Sec. 895. Therefore, he it ordained hij the Mayor and General Council, That the above named gentlemen composing said committee More money be, and they are hereby authorized and empowered to continue the "hl'^Board^may work of the erection of said building and the equipment of the same expmd. ''"'^ for hospital purposes, with and to the extent only of the money which they may receive therefor, but without any liability on the part of the city, except such as may be hereafter expressly provided for, and the said committee shall have full power to receive in behalf of the city and t^o^^be^'ilabie^ the promoters, additional subscriptions of money and donations for the extint^'ex-'" erection and equipment of said hospital, and may receive donations cifrld! ^^' and subscriptions on such terms and conditions as to them may seem reasonable and just, whether such subscriptions be from individuals, companies, railroads or other corporations. Sec. 896. Said board, or a majority of them, are hereby empow- ered to adopt such rules and regulations with reference to such sub- ^^V "'-''^''^ " rules, etc. scnptions and donations as they may deem proper ; and said committee shall have the entire charge of all matters appertaining to the comple- tion and equipment of the said building, under tlie limitation herein- before stated, imtil the same is completed and ready for opening as a 16) ^^\ \ E rT^ ^ y U^E Ra/^ 242 Part III. — Ordikaxces. hospital, when the same shall be turned over to said city for such fur- ther organization or control of the same as may be deemed proper by the Mayor and General Council. Sec. 897. Should any vacancies occur on said committee by death, how^'fiifedr resignation, removal from the city, or otherwise, thi' same may be filled by ajspointment of the Mayor. Sec. 898. It shall be unlawful for any person or persons in this Hospitals, etc city to crcct or maintain any hospital, infirmary, house or place of Nov. 7, 1891. refuge, or reformatory, or asylum, or other place where persons are received for reformation or treatment, without first having obtained the consent of the Mayor and General Council of said city for the erec- tion and maintenance of the same ; and all applications to the Mayor and General Council for permission to erect, maintain or carry on any place for any such purpose must plainly and distinctly show the par- ticular locality where the same is desired, for what purpose the same is desired to be erected or maintained and what class of persons are to be admitted to the same. Any person or persons who shall violate the provisions of this ordinance shall, on conviction thereof, be punished by a fine of not more than one hundred dollars and imprisoned not exceeding thirty days, either or both, in the discretion of the Recorder's Court, for each and every such offence committed. Sec. 899. Whereas, The Grady Hospital, when completed, will be a leading factor in the relief system of Atlanta ; and Whereas, Large private contributions toward the erection of said hospital have been made, on the condition that the City of Atlanta agrees to accept and maintain said hospital ; therefore be it Ordained by the Mayor and General Council of the City of Atlanta: Sec. 900. The City of Atlanta hereby pledges itself to all con- tributors to the fund for the purchase of grounds and the erection of buildings for the Grady Hospital, that when said buildings are com- pleted and ready for use, the City of Atlanta will accept and maintain said hospital. Sec. 901. That the government of the Grady Hospital shall be Government of "^'^^tcd in a Board of Trustees to be elected by the General Council of piM "°^' ^^^^ ^^^J- "^^^^ ^^^^ Board of Trustees shall consist of nine members, three of whom shall hold ofifice for the term of three years from the date of their election ; three for the term of six years from the date of their election; and three for the term of nine years from the date of their election; and the trustees hereafter elected to fill vacancies resulting from the expiration of their terms shall hold office for the term of nine years; all vacancies in the Board of Trustees, whether resulting from death, resignation or removal from office, shall be filled by the Mayor and General Council, but it shall be the privilege of the Board of Trustees of said hospital to name to the Council per- Part III. — Ordinances. 243 sons deemed by said trustees suitable for election to fill such vacan- cies. Sec. 903. The Board of Trustees first to be elected under this ordi- nance shall be chosen at the first meeting in March, 1892, and subse- quent elections shall be held at the first meeting of March of any year in which vacancies occur by expiration of terms, but elections to fill vacancies occurring otherwise may be held at any regular meeting of the JMayor and General Council. Sec. 903. The Board of Trustees, when elected and qualified, shall ^eh. is, i892. have power to prescribe rules for the government of the hospital in question, and to change these rules from time to time as experience may suggest the necessity for change; provided, that the rules origi- nally adopted and any changes made therein shall be subject to the approval, modification or rejection by the Mayor and General Council of said city. Sec. 904. The ]\Iayor shall be member cx-officio of the Board of Mar. lo, is92. Trustees of the Grady Hospital. Sec. 905. Whereas, By the will of William A. Moore, late of Ful- ton county, deceased, a bequest was made by him as follows : "I now give to the said Henry Grady Hospital the sum of seventy-five hundred * ($7,500.00) dollars, to be paid by my executors upon completion of the building now in process of erection, and when the City of Atlanta shall, by ordinance duly made, accept said hospital building, and bind itself to keep open and maintain permanently said Henry Grady Hospital. If this hospital building shall not be completed within one year and accepted by the City of Atlanta, and provision made for its support, this bequest shall be void, and the sum herein given revert to and become a part of my estate, for distribution among my children, as provided for in my will ;" and Whereas^ Said Grady Hospital has been completed and accepted by said city ; therefore Be it ordained hy the Mayor and General Council of the City of At- lanta, to-wit: Sec. 906. That the Grady Hospital, which has been completed, be now accepted. Sec. 907. That said City of Atlanta hereby assumes the mainten- ance of said hospital and the keeping of it open, and will from time to time provide appropriations sufficient to permanently maintain and keep open said hospital. Sec. 908. That in the event the City of Atlanta shall fail to per- manently maintain and keep open said hospital, on the occurring of such failure the bequest of seventy-five hundred ($7,500.00) dollars, made to the said hospital by said William A. Moore, shall fail, and the amount of such bequest shall revert to and become part of said Moore's estate, for distribution as by said will provided. 244 Part III. — Ordinances. CHAPTER XXII. SEXTON. Section. 909. Election. 910. Depth of graves. 911. Record. Section. 912. Bond and compensation. 913. Fees for burials, etc. Depth of graves. No fees, but compensation. Charges burials. Fees for buri als. Jan. 22, Section 909. The qualified voters of Atlanta shall elect a Sexton, whose duty it shall be to superintend the digging of all graves, and all interments that shall take place in and for the City of Atlanta, in Oakland Cemetery. Sec. 910. No graves shall be dug less than five feet deep, nor shall any grave be dug, or corpse interred, except under the superintendence and direction of the Sexton. Sec. 911. The Sexton shall keep a book of record of all the deaths and burials in the city, giving the name, age, place and nativity, dis- ease, and the place from whence buried, and time of residence in the city. Sec. 912. He shall give bond in the sum of three hundred dollars for the faithful performance of his duties, and shall receive no fees, but shall receive such compensation as may be fixed by the Mayor and Gen- eral Council the year next before his election, which shall not be changed during his term. He shall make a monthly mortuary report to the chairman of the Board of Health. Sec. 913. That from and after the passage of this ordinance the prices stated below shall be charged for burials, etc., in Oakland Cem- etery, and collected in conformity with the coupon system, to-wit :^ Attending with hearse $3 00 Attending funeral without hearse 1 00 Special or general invitation 1 50 Attending without the corporate limits, within three miles, double price, which shall be paid over to the City Tax Col- lector. Digging ordinary grave for person over four years of age 1 00 Digging ordinary grave for person under four years of age .... 2 00 Digging brick grave for person over four years of age 6 00 Digging brick grave for person under four years of age 3 00 Disinterring body for removal from dirt grave 2 00 Disinterring body from brick or slate vault 3 00 Disinterring and reinterring person over four years of age, ordi- nary grave 5 00 Disinterring and reinterring person under four years of age, ordinary grave 3 00 1 Sec ordinance of I'Y'bruary, 18ili». Part III. — Ordixaxces. 245 Disinterring and reinterring person over four years of age, brick grave ^ $? 00 Disinterring and reinterring person under four years of age, brick grave 4 00 Disinterring body from slate grave and removing the vault to another lot 3 50 see934. Placing body in vault, temporarily 1 00 Placing body in grave, permanently 4 00 > CHAPTER XXIII. CEMETERIES. Section. 914. Disturbance of graves. 915. Tombs — disturbance of. 916. Traffic in. 91". Bur.ving outside of cemetery. 918. Gates— how kept and used. 919. Bell. 920. Sign or notice. 921. Trees and shrubs. 922. Work on lots. 923. Carriages, etc. 924. Burial of colored persons prohibited in certain parts. Section. 925. Night guard. 926-927-928. Regulating work in cemetery. 929. Paupers — where buried. 930. Exhuming dead bodies in Oakland Ceme- tery. 931. Graves— depth of in Oakland Cemetery, etc. 932-933. Sale of lots in Oakland Cemetery. 934. Material and labor furnished by city — prices. 935. Application for graves. Sectiox 914. Any person or persons who shall in any wise disturb anv grave, deface, pull up or remove anvthing put or placed to mark a Graves, dis- 1- nil ' » ^ ^ turbance of. grave, or any paimg or wall placed around a grave, or shall remove any plank, posts or timbers in the graveyard, such person or persons so offending, on conviction thereof, before Eecorder's Court, shall pay a Penalty, fine not exceeding one hundred dollars and costs, or be imprisoned not exceeding thirty days. Sec. 945. Any person who shall destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure placed in tombs and ad- , ® '■ juncts. or the cemetery, in said City of Atlanta, or any fence, railing or other shrubbery, work, for the protection or ornament of any tomb, monument, grave- stone or other structure aforesaid, or for the ornament or protection of said cemeter}^ or shall willfully destroy, cut, break, remove or injure any tree, shrub or plant that may have been planted, or that may be growing in said cemetery, or commit any other trespass within the limits of said cemetery, shall, upon conviction thereof, before the Ee- corder's Court, pay a fine of not exceeding one hundred dollars, and may be imprisoned in the guardhouse or calaboose not exceeding thirty penalty. days, which money, when collected, shall be applied one-half to the informer, and the other half by City Council, under the direction of the committee on the Cemetery, to the reparation and restoration of the property destroyed or injured as above. 246 Part III. — Ordinances. To prevent traffic inside cemetery. Apr. 21, 1S7S Burying out- side of ceme- tery. Gates, how kept and used. Sec. 916. Any j^erson or j^ersons who shall sell, or offer for sale, any article of merchandise, or any fruit, drink, or beverage, or any- thing of value, within the limits of the cemetery, shall, on conviction, be fined not exceeding one hundred dollars, or imprisoned not exceed- ing thirty days, in the discretion of the Eecorder's Court. Sec. 917. Any person or persons who shall bury, or cause to be buried, any dead person or persons in any other place in this city than the public cemetery, without permission of Council, shall, on convic- tion in the Eecorder's Court, pay a fine of not exceeding one hundred dollars and costs, for each offense, or be imprisoned not exceeding thirty days. Sec. 918. The gates leading into the city cemetery on Decatur and Fair streets, shall be kept locked, and opened only on funeral occasions, or at the request of parties hauling material for cemetery purposes ; that the gate on Hunter street shall be the general funeral entrance to said cemetery. Sec. 919. A bell shall be placed at the Sextons office, which shall be rung at a specified hour in the morning, when the cemetery will be open to the public, and said bell shall again be rung at a specified hour in the evening for the space of fifteen minutes, as a signal for all persons to retire from said cemetery before the gates are closed for the night; and any person or persons found remaining in said cemetery after the bell has ceased ringing in the evening, or found in the cem- etery before the ringing of the bell in the morning, shall be arrested by any person or officer clothed by the city with authority to make such arrest, and, on conviction, in the Eecorder's Court, shall be punished by fine not exceeding one hundred dollars, or imprisoned not more than thirty days. Sec. 920. A sign or notice shall be placed at one or more places in said cemetery, warning parties against the violation of the preceding section of this ordinance. Sec. 921. Whenever any tree, shrub or plant standing in said cemetery shall injure any monument or decoration in an adjoining lot, by the drip from its leaves or otherwise, on complaint being made thereof to the Sexton, it shall be his duty to notify the party or parties owning the said tree, shrub or plant to remove the same, and in case he, she or they shall refuse or fail to do so, then, and in that event, the Sexton shall have power to remove or cause to be removed said tree, shrub or plant. Sec. 922. Any person or persons entering said cemetery for the purpose of working on any lot or lots belonging to another person or persons, shall first present to the Sexton an order in writing from the owner (or agent of the owner) of said lot or lots, stating it to be -.heir wish that the bearer thereof be permitted to work on said lot or lots, and such work must not interfere with the walks, decorations or other Sign. Work on lots. Part III. — Ordinances. 247 general arrangements in an\ niannei un< er the su pel •vision of the Sexton Sec. 9-33. Any pel son or pel sons lavii g in e uir ge any carriage. Carriages, etc. wagon, dray or any vehicle, shall not drive the same on, or allow the pj.,, 7 ;,gy(. same to occupy any walk or alley prohibited by the Sexton. ^'^^^ ~''' ■^^*'"' Sec. 924. The Sexton shall not bury, or allow to be buried, any gurjai of coi- colored persons upon ground set apart for or used for the burial of prohibiteTL white persons. ^■"■'^■■" p^'"^" Sec. 925. There shall be elected l)y the Police Commissioners, at the time other officers of the police force are elected, two night guards ^ '^ ^arcs. for the cemetery, who shall hold their office for two years, unless dis- * "^' ' missed for cause. Their compensation shall be payal^le monthly, salary. Their hours of service shall be the same as those now required of the July 21, isro. j)olice force. They shall have all the powers of regular policemen, and shall guard the cemetery at night, and arrest all intruders and vio- lators of citv ordinances in and around the cemetery. The Board of -rt -I ■ ri • ■ Powers. Police Commissioners shall cause one of the Captains or Sergeants of Police, on duty, to visit the cemetery at least once every night, and as often as may be necessary, to see that the cemetery guards are in the proper discharge of their duties and carefully protecting the cemetery from intrusion. Sec. 926. It shall be unlawful for other than regularly licensed contractors to contract for or build walls, vaults or lay foundations ^^.^f^'^^'"§^^. and set monuments in Oakland Cemetery, and in no case shall a con- ^^""^ cemetery, tractor for any of the above named works sub-let such work to other ^^"^ ^' ^®^^- parties, thereby attempting to relieve themselves of the responsibility or liability for such work; prodded, that nothing herein contained shall prevent any owner from having work done on such lot by other than licensed contractors, when work is done in conformity with regu- lations prescribed in this ordinance. Sec. 927. All parties doing work in said cemetery shall properly prepare their material for doing such work before carrying it into the ^raliTemole cemeter}-, and all such parties shall immediately, upon the comple- ateiy^p™^^ '' tion of any piece of work, remove all refuse, such as stone, brick and any woVk." dirt from excavation, etc., placing the same wherever the Sexton may designate, if wanted in the cemetery. It is hereby made unlawful for any such party to use the walks or driveways in said cemetery for work or storage yards, unless by special permit from the Sexton. Sec. 928. All parties, before commencing the erection of any wall I , ,, . . , Sexton to along the walks or driveways m said cemetery, shall get from the Sex- ^rade and lot ton therein the proper grade and lot line for said walk or driveway, and all excavations for walls shall not be less than one foot below the line of permanent grade. All excavations for monument work shall be made not less than two feet deep, and as much deeper as is neces- sary to secure a firm foundation, and the same shall be approved by 248 Part III. — Ordinances. the Sexton in charge. Any person or persons violating any of the provisions of this ordinance shall, upon conviction before the Record- er's Court, pay a fine of not more than one hundred dollars, or serve not more than thirty days upon the public works of the city, either or both, within the discretion of the court. Sec. 929. All orders for paupers' graves shall be directed to West View Cemetery Association, and all pauper interments made l)y the authorities of the City of Atlanta shall be in West View Cemetery until the further action of this body. Sec. 930. It shall be unlawful to exhume dead bodies at Oakland Exhuming Cemetery without a permit from the Board of Health of the City of fn^oakiand Atlanta, and any person so offending shall, on conviction, be fined in Cemetery. |^j^g g^^^^ ^^^ exceeding one hundred dollars, or to work and labor on the April 20, 1S85. ^^^^|^^.^ gtrects of the city not longer than thirty days, either or both, in the discretion of the Recorder's Court. And the Board of Health is hereby authorized and empowered to make such rules and regula- tions as may be necessary and proper to carry out the true intent and purpose of this ordinance. Sec. 931. Xo grave in Oakland Cemetery shall be less than five Graves, depth feet dccp. The opening of a grave in said cemetery and the interring cemete^yf^^e'tc. therein of an additional body is forbidden. Any person or persons Dec. 7, 1885. violating any of the provisions of this ordinance shall, on conviction before the Recorder's Court, be punished by a fine not exceeding one hundred dollars, or imprisonment not longer than thirty days, either or both, in the discretion of the court. It shall l^e the duty of the Sanitary Inspectors to see to the enforcement of the provisions of this ordinance. Sec. 932. The vacant lots in Oakland Cemetery belonging to the Sale of lots City of Atlanta shall be sold under the direction of the Ccmeterv Corn- in Oakland _ -^ Cemetery. mittce. Sec. 933. The money so obtained from the sale of said lots shall l)e devoted to the improvement of said cemetery. Sec. 934. The City of Atlanta shall furnish all material and Iniild all brick vault graves in Oakland Cemetery. The price of such graves Material and labor fur- nished by city. complete, at the following rate : For children under five years of age, June 19, 1896. fifteen dollars; for children more than fifteen years of age, twenty labor fur- ^^^^ g|-^gi^ ]^q graded, including the digging of the grave and a brick vault. Prices. ten dollars ; for children between the ages of five and fifteen years, See 913. dollars. Sec. 935. iVpplications for graves shall state whetlior the graw is Must pay in to be a brick vault grave, or a plain grave, and shall be paid for when advance. ^^^ permit aud order for the grave is given, at the office of the Boanl of Health, and the same shall be turned into tlie City Treasury in the same manner as are all other moneys. Part III. — Ordinances. 249 CHAPTER XXIV PUBLIC SCHOOLS. Section. y36-a.S(i (a)-!)3G (b). Number of members Board of education — their terms, etc. 037. Schools controlled by Board of ]'.dii tion. 938. Powers of Board. 939. Text books. 940. Plan of instruction. 941. Committees. 942. Treasurer — oath and bond. 943. Vacancies — how filled. Section. 944. Disbursements. 945. Deposits and compensation. 946. Taxation— estimates, etc. 947. Appropriations. 948. Reports. 949. Mayor ex-offlcio member. 950. Moneys reported to Comptroller. 951. Board of Lady Visitors. 952. Duties of latter Board. 953. Term of office. \n ordinance iroviding for lie reorg-aniza- Section 936. Whereas, It is believed that the Board of Education of the City of Atlanta, as at present constituted, is too large, and in its work is cumbersome and unwieldy, and the best interest of the city and the school system demands a reduction of the same ; therefore Be it ordained hy the Mayor and General Council of the City of Atlanta, That Section 928 of the Code of 1891 be and the same is hereby repealed. Sec. 93G (a). Be it further ordained, That Section 929 be re- pealed, and in lieu thereof the following be substituted : Be it ordained hy the Mayor -and General Council, That from and BMrd° of Idu- after the passage of this ordinance, the Board of Education of the City ''''"°°' of Atlanta shall consist of seven members, besides the IMayor and ^ ^^ ^^' ^^^ ' chairman of the Committee on Schools of the City Council, who shall each be e.v-officio members of said board. Sec. 936 (h). Said seven members of said board, one from each ward, shall be elected at this meeting, to serve as follows : Two mem- one member hers, one for the First ward and one for the Second ward, for a term ward, of two years; two members, one for the Third ward and one for the Fourth ward, for a term of three years ; three mem])ers, being one each for the Fifth, Sixth and Seventh wards, for a term of four years. On the expiration of the terms of said members, their successors shall be elected from their respective Wards and their terms of office shall be for four years. Vacancies in case of death, resignation or other- wise, to 1)0 filled as vacancies in other boards of the City Government are filled, by election to fill the unexpired term. Sec 937. The Board of Education shall have control of the whole „ ^ . r-.. Board of Edu- subject of Public Schools in the city, and shall have full and ample ''^t*''"- power to provide the requisite buildings, and open and conduct a sufficient number of schools to meet the wants of the population, so far as they can do so by a prudent and Judicious application of the means made subject to their administration and management. Sec 938. Among the powers hereby conferred, the following are powers, for greater certainty specially enumerated: To contract, lease, or 250 Part III. — Ordinances. purchase buildings for schoolhouses, and to make all needed altera- tions and repairs, subject to confirmation by the Mayor and General Council : to furnish said houses with appropriate school furniture and apparatus ; to lay off the city into additional school districts whenever triets! super- ^^^ ^hc judgment of the board it shall be proper to do so, and to increase teachers!* '*"'^ ^r diminish the number of districts, or vary their boundaries at pleas- ure; to employ the Superintendent and all teachers, fix their compcnisa- tion and prescribe their duties ; to control the distribution of teachers and pupils among the several schools ; to dictate the course of studies^ the organization of classes, the number and character of text-1)ooks, the method of teaching, the time and mode of examination, and the distribution of rewards, honors and diplomas, and to make and insure the enforcement of a complete system of rules and regulations for the government and efficiency of the schools as respects both teachers and pupils; also, to take measures for the gradual formation of a school library, and for nninaging and rendering the same useful. Sec. 939. From and after February 25, 1898, and before the next term of the public school l^egins in the City of Atlanta, the Board of Board shall se- ^ o ./ ^ lect and not Educatiou sliall, iu compliance with the duty now resting upon it, care- change for five ' ^ '' o 1 ^ years the text- fully cousidcr and adopt the text-books to be used by the children in Feb 25 1898 ^^"^ public schools of tliis city, in each and every grade, and that, hav- ing done so, said board shall not have the power to change any of said text-books in any grade before the expiration of five years, and said board shall have the right every five years thereafter to change text- books. Sec. 940. The plan of instruction and the system of rules and reg- rtru"tion.^" ulatioiis, whcii ouce adopted, shall be adhered to, unless modified from time to time by a concurrent vote of two-thirds of the board. Sec. 941. Any of the ordinary powers of the board may be per- formed by appropriate committees, when so directed by standing rules, or be special orders or regulations of the board. Sec. 942. The Treasurer of the Board of Education shall be elccti'd at the same time other officers of said board are elected, and shall Treasurer. reccivc and pay out all money (from whatever source derived) sc^t apart for the establishment and support of public schools in Atlanta. Before entering upon his duties, the Treasurer shall give bond to th(! Mayor and General Council in such sum as the Mayor and Genei-al nd bond C'ouncil may require, with security, to be approved by them; and slinll also take and subscribe an oath to perform his duties faithfully. Said bond and oath, after being recorded on the minutes of the board, sliall be filed with the Clerk of Council. Sec. 94;?. All vacancies in the ollit-e of Treasurer shall he I'llled by Vacancies ^^^ boai'd as soou as practicable, after they occur, and the TinMsurer shall, at all times, be subject to removal by the board, and shall, when Part III. — Ordinances. 251 ordered by said board, deliver up to his successor all moneys, books, papers and property in his custody, belonging to the public schools. Sec. 944. The money which comes into the hands of the said Treasurer shall be subject to be managed, administered and expended '^'^''"'"sements. by said board. It shall be paid out only on the checks or drafts of said board, signed by the President and countersigned by the Secre- tary ; and the Treasurer shall keep a book of receipts and payment?, and transmit quarterly, on the first Fridays in Januar}', April, July and December, a full and complete transcript therefrom, to the Mayor and General Council, and another to the Board of Education. Said Treasurer shall give bond in the sum of ten thousand dollars, condi- tioned for the faithful discharge of his duties and properly accounting for all moneys coming into his hands as such Treasurer during his continuance in office. Sec. 945. Whenever directed by a resolution of the board, the Treasurer shall keep the funds on hand deposited in some bank in the Deposits, city (specified in the resolution), and if any profits can be realized from such deposits, they shall be added to the fund producing them, and be expended as part thereof. All deposits, and the terms thereof, shall be reported with the quarterly transcript from the Treasurer's books — said books and the moneys, bonds, certificates of deposits, and other assets on hand, shall at all times be subject to inspection l3y the Finance Committee of the Board and Council. The compensation of the Treasurer shall be two hundred and fifty dollars per annum. Sec. 946. Money to pay the current expenses of said schools shall Taxation, be raised annually by taxation as follows: On the first Monday in May of each year, the Board of Education shall file with the Mayor and Council a statement of the amount, as nearly as can be estimated, which will be needed to pay the cost of maintaining the schools for the succeeding scholastic year, beginning September the first, exclusive of money, if any derivable, from the State or other sources. Said state- ments shall set forth the various objects of expenditure, and specify the sum necessary, as estimated, for each. It shall be authenticated by the official signature of the President of the Board. Sec. 947. In fixing the rate of taxation for the year, the ]^Iayor and General Council shall consider such estimate of the Board of Edu- appropriatk.n. cation, and in making appropriations for the various departments of the City Government, shall set apart and appropriate such amount to the public schools as in their judgment may he just and proper, having in view the wants of the schools, and the financial condition and ability of the city. Sec. 948. In addition to the reports already provided for, the board shall, within twenty days after the close of each scholastic term, ^''PO'"*^- make a semi-annual report to the Mayor and General Council of all the financial transactions, and of the general progress and condition of 252 Part III. — Ordinances. Mayor ex- officio a mem ber of Board. the schools, supplying full statistical information as to teachers, j^upils, schools, houses, furniture and other property. Sec. 949. The Mayor of the city shall be ex-officio a member of said Board of Education, and as the terms of the present members of said board expire their successors shall be elected by the Mayor and General Council. Vacancies in the board shall be filled l)y the Mayor and General Council. Sec. 950. The President of the Board of Education shall report to Moneys report- ^hc Comptroller all money coming into that department from tuition, teller. '^°"''' donation, bequest, or from State, county, and from any and all other sources, and the amount so reported shall be charged for collection to the Treasurer of the Board or Education, who shall receive credit upon exhibition of receipt of deposit of same with the City Tax Collector, with whom he shall deposit daily, and report to the Comptroller daily and monthly. Sec. 951. There shall bo a Board of Visitors for the Public Board of lady Schools, to be couiposcd of scvcn ladies, selected one from each ward of visitors ere- ^^^^ ^.^^^^^ g_^.^^ members shall be nominated at the meeting of the Gen- eral Council to be held Xovember 21, 1898, by the Mayor, and such nominations approved by a majority vote. Sec. 952. The said board shall have authority, and it shall be their duty to visit the different public schools, familiarize themselves with e ne . ^^^^ gonduct of both teachers and pupils, the studies, methods of teach- ing, discij^line, etc., and at the close of each term make a report to the Board of Education of their work, with such recommendations as they deem proper concerning the further management of the schools: pro- vided, further, that reports may be made during terms if occasion arises. Sec. 953. The term of service of said members of the Board of Term of office. Visitors shall be two years from date of election, or until tlioir suc- Nov. 11, 1S98. cessors are qualified. CHAPTER XXV. PARKS. Section. 954. Park Commission. 955. Booths, stands, etc. 956. Ordinances applied to preserve peac order. 957. Protection of animals. 958. Hunting, fishing, etc., prohibited. 959. Flowers, foliage, etc., protected. Section. 960. Penalty for violating rules. 961. Violators of State laws prosecuted. 962. Spring Vale Park. 963. North Avenue Park Way. 964. Grady Monument and Erskine Fountair under control of Park Commission. Section 954. The general control, management and authority over Park commis- property of the City of Atlanta known as the L. P. Grant Park is hereby ve.-^ted in the Par' sist of tlu' Standing Com Commission, which Commission shall v littcL' on Parks of the General C(nincil. ;i Part III. — Ordinances. 253 four citizens to be appointed by the Mayor at the time the Standing jig^jbers Committees of Council shall be appointed ; said Commission shall have power (subject to the supervision of the General Council) to protect the city's property, enforce order, permit or prohibit public meetings, ^^^^ °^- picnics, games, or assemblage of persons for any purpose whatever, on the grounds of said park ; prescribe rules and regulations for the gov- ernment of themselves and the property which they control, and gen- erally to carry forward improvements as money may be from time to time appropriated for such purpose. Sec. 955. All laws and ordinances in force in the City of Atlanta in relation to the erection of booths, stands, etc., for the sale of arti- stands!' etc. cles of any nature, and the manner of obtaining license therefor and the fees to be paid, shall apply to said park; provided, that no license to sell or retail spirituous or malt liquors therein shall be granted upon any terms. Sec. 956. All laws and ordinances in force in the City of Atlanta •^ Peace and or- for the promotion of the peace, good order and morals thereof, when- der ordinances '■ 1 ^ o 5 apply in the ever applicable, are hereby extended to and embrace the territory P^rk. included in said park and in Piedmont Park, and any person violating said ordinances shall be subject to the penalties provided in the City Code. Sec. 957. That it shall be unlawful for any person to throw rocks at any of the animals in the L. P. Grant Park, or to punch any of such Sai"°"tc.^ animals with sticks, or to otherwise unnecessarily provoke or annoy any ^p^jj ,1, 1S92. of such animals. The violation of this section shall be punished by a fine of not less than five nor more than twenty-five dollars against any person convicted of such violation in the Eecorder s Court. Sec. 958. Any person who shall hunt with dogs or firearms of any kind, shoot, fish, swim or bathe in said park, shall be fined not exceed- io°#ed 'in the ing fifty dollars, or imprisoned not longer than thirty days. Sec. 959. Any person or persons picking or breaking the flowers or foliage, without permission of the Commissioners ; or who shall Breaking flow- cut, work, or deface any of the trees, signs or public notices, buildings etc! or other property ; or who shall throw stones, sticks or other missiles ; or who shall interfere with or chase rabbits, squirrels or birds, rob or destroy their nests ; or who shall stand, walk or ride on the grass, post bills or notices in said park, shall, on conviction thereof before the Recorder's Court of said city, be fined not exceeding fifty dollars, or be imprisoned not longer than thirty days. Sec. 9G0. Any person or persons who shall persist in tlie violation of any of the rules and regulations prescribed by the Park Commission j^t-^n* of rules! for the government of said park, after notice to desist from so doing, shall, on conviction thereof before the Recorder's Court of said city, be fined in a sum not exceeding ten dollars, or be imprisoned not longer ^«^"'^^*y- than ten davs. 254 Part III. — Ordinances. Penal laws of State — viola- lations prose- cuted. Sec. 961. Should ai\y person or persons, in violating any of the foregoing sections or doing any other act, he guilty of any offense under the Penal Code of this State or city, it shall be the duty of the officer in charge to arrest him or them, and vigorously prosecute such offenses in the State Courts. Sec. 962. The gift of five acres of land, more or less, in Inman Park, known as Spring Yale Park be, and the same is, hereby accepted, subject to the terms and conditions in said deed of gift set forth, the same being dated the day of February, 1893. Sec. 963. A space sixteen feet wide in the center of Xorth avenue, between Peachtree and West Peachtree streets, except a cross-way fif- teen feet \vide midway between Peachtree and West Peachtree streets, is hereby set apart and dedicated as a parkway or place. The particular location of such parkway or place and the excepted cross- way being indicated by plat hereto attached, and the parkway in said street shall be excluded from the traveled roadway of said street and shall not be paved. Sec. 964. The Park Commission of said city shall hereafter have jurisdiction, supervision and control of all property that has heretofore been or may hereafter be set aside by the city for park purposes, and shall have the same jurisdiction and control of the Grady Monument on Marietta street, and the Erskine Memorial Fountain at the inter- section of Peachtree and West Peachtree streets. Ordinance to define the Park way in North avenue, be- tween Peach- tree and West Peachtree streets. June 11, 1897. Park Commis- sion to con- trol all parks and certain monuments. Apr. 8, 1S98. CHAPTER XXVI. CITY ATTORNEY. Section. 965. Election and duties of. Section. 966. Sue negligent officials. Section 965. There shall be an attorney elected by the people biennially, at the same time the Mayor is elected for the City of Atlanta, who shall have the title of City Attorney, whose duty shall be to prepare all such cases as may come before the Mayor or General Council, and prosecute the same, and attend to such legal business as may be required of him, in favor of said city, and give counsel in all cases required of him by the officers of said city ; and who shall receive a reasonable salary, to be fixed by the Mayor and General Council the year next preceding his election, which shall not be changed during his term. Sec. 966. In all actions hereafter brought against tlie city in which it is sought to recover damages on the ground of negligence resulting The Assistant City Attorney is appointed by the City Attorney, subject to confirmation by the Mayor and General Council. J Part III. — Ordinances. 255 in injury to plaintiff or other person in whose right, or for injury to ^^^^^^^^ ^^ ^ whom he sues, it shall be the duty of the City Attorney, upon inq^iir- fr^m^'egUgent ing into the facts, to serve a notice upon any and all olUeers or em- a^ts'^cause*""^^ ployes of the city, whoever he or they may be, by whose negligence it **'"''• was, if such negligence there be, that such injury occurred, notice of ^^^^- ^' ^^^^■ the pendency of such action, together with a copy of the declaration in paid case, at least five days before the trial thereof, and if said suit results in a final recovery against the city it shall thereupon be the duty of the City Attorney, by virtue of this ordinance, and without further authority or direction therefor, to institute suit against the person or persons thus notified, to recover said amount from him or them upon their liability over to the city, in such case by law existing ; provided, that nothing herein contained shall be construed to hold any member of the General Council responsible for his vote in any matter pending before the General Council otherwise than as he is liable under the charter. Section. 967. Oath and bond— duties. 968. Issue license, orders, etc. 969. Books to be kept. 970. Form of stubs, etc. CHAPTER XXVII. CLERK OF COUNCIL. Section. 971. Salary. 972. Fees. 973. When fi.xed. Section 967. The Clerk of the Citv Council of Atlanta shall be Clerk to give elected by the people and, before he enters on the duties of his office, bond and take take the usual oath, give bond with approved guaranty or fidelity com- pany as security, in such sums as the Mayor and Council shall deter- mine by resolution, annually, before the election. The Clerk shall attend all meetings of the General Council and Aldermen, and shall keep a fair and correct record of the proceedings of the same, and shall ^^{^^^f ^f^""' pay all moneys received by him to the City Tax Collector at least once a day. Sec. 968. The Clerk shall issue all licenses as hereafter pointed j^^^^ ucense out, and all orders, summonses, notices, or other instruments which «^''^- may be required of him by the Mayor and General Council. Sec. 969. The Clerk shall keep the following books and accounts : g^^^^ ^^ ^,g 1. A book or rough sheets of minutes. ^^p^ ^>' *^''^'''^- 3. A book of neat and accurate minutes. 3. A book for recording all licenses issued. 4. x4n ordinance and covenant book. 5. A book of charges, in which all cash items shall be entered as ■coming into the hands of said Clerk; also, an account of all moneys paid to the City Treasurer, which book shall be so prepared and •entries therein so made, that, at the end of the vear, he mav readilv 256, Part III. — Ordi^stances. determined how much has been appropriated by the city for streets and sewers, and how much has been collected from the citizens for such work. 6. A book in which he shall register the names and places of busi- ness, and date of license of each person, firm, company or corporation doing or carrjdng on any business, calling, trade or profession in said city. 7. He shall keep a substantial book, in which he shall have recorded all petitions for street work, and all waivers of damage on account of street work, after which the originals shall be safely filed and kept by him. Said Clerk shall make a minute in said record book of the time, amount, and the name of the person to whom paid, of all payments by said city on account of claims for personal injury or injury to prop- erty, real or personal. Said record book shall be well indexed, so that the matters and things therein contained can be readily found. 8. A register, in which he shall record the name and place of busi- ness, and date and number of license of each person, firm, company or corporation, engaged in the liquor business in the City of Atlanta. 9. A register, in which he shall record the name and address, the date and number of license of each person, firm, company or corpora- tion, operating a dray or hack in the City of Atlanta. 10. A book showing in detail the commission and insurance pre- mium returns made to the city. 11. A separate fi. fa. docket, each for business license fi. fas., for delinquent given in tax fi. fas., for street and defaulters' personalty unreturned tax fi. fas., and for street improvement fi. fas. 12. A book in which he shall register the deeds made to tlie city at Marshars sales. 13. A book in which he shall keep a record of lots in Oakland Cem- etery. Sec. 970. All licenses for business and commission returns, etc., shall be issued by the City Clerk, based on the schedule of charges for ce"ni^tow is- ^usiuess sct forth in the tax ordinance each year. These licenses and and'^'retCrned'''' commissiou rctums, ctc, shall have two stubs, which shall be filled in by the Clerk with the name, business, amount, etc., as the license, etc., written by him shall show, and he shall certify the same on the license and commission returns, etc. ; he shall deliver to the Tax Collector the license or commission returns, etc., and one of the stubs so written, retaining the other stub from which to nuike up his accounts. The Tax Collector, having been relieved from duty in the Assessor's office, shall collect the amount of tlic license, coiimiissidn return-;, etc.. so issued by the City Clerk, retaining tlie stub, and charge up same in a book kept for that purpose, and sliall report to the Comptroller on the same day all sucli licenses or commission rc'turns, etc., collected by him, accom})anie(l with tlie stnhs so tui'iieil o\-er to him by tlu' City Part III. — Ordinances. 257 Clerk, to be verified by him. The stubs and license of eonimission returns, etc., shall bear the same number, date, etc., so as to be readily identified as triplicates. The General Business Licenses shall be num- bered annually from 1 to 15,000; the Dray and Hack Licenses from 15,001 to 30,000; Eetail Liquor Licenses from 20,001 to 22,000; Wholesale Liquor Licenses from 22,001 to 23,000; Commission Eeturns, etc., 23,001 to 25,000. The City Clerk shall make each day a detailed statement to the Comptroller of all the licenses and commis- sion returns, etc., issued by him, showing the number, date, name, business and amount, which must correspond with the license, etc., turned over by him to the Tax Collector. The City Clerk must also make monthly statements of same to the Comptroller. The Tax Col- lector shall turn over daily to the Treasurer the sum collected by him for licenses, commission returns, etc., taking his receipt for same, which they shall report to the Comptroller, and he shall credit the one and debit the other. Sec. 971. The Clerk of Council may receive for his services such salary, per annum, payable monthly, without perquisites, as shall have ^^'^'■^"• been fixed by the Mayor and General Council the year preceding his election, and shall do and perform all such duties as are now, or may iioreafter be, required by the laws and ordinances of the City of Atlanta. Sec. 972. The Clerk of the City Council of the City of Atlanta !?liall be entitled to demand and receive fees, unless he receives a salary Fees. ] in lieu of the same, or the General Council shall have otherwise pro- vided : For each case before Kecorder where fine is collected 75 For each fi. fa. whi*ch is collected 50 For issuing general business licenses, each 25 For issuing dray and hack licenses, each 25 For other services such fees as heretofore fixed by ordinances. mov. g, isqo. The salary of the Collector of Street Improvements to be paid by the pec 28, isse. city, under supervision of Finance Committee. Sec. 973. Whether the Clerk shall receive fees or salary, the same shall be fixed prior to his election, and shall not l)e changed during his sS fixeT"' term of office. {17) 258 Part III. — Ordinances. CHAPTER XXVIII. CITY COMPTROLLER. Section. 974. How elected. 975. Term of office two .vears unless re- moved for cause. 976. Oath, bond and salary. 977. Books and accounts to be kept. 978. All fl. fas. to be entered on his books. 979. May require sworn evidence as to jus- tice of claims against city. 980. Warrants for damages. 981. Stationery. 982. Supplies for departments. 983. List of burnable property. 984. Insurance policies filed with. 98.5. Rents due city — how collected. 986. Proceeds from sales of property. 987. Penalty. bection. 988. Departments of appropriation and ex- penditures. 989. Duplicate bills required. 990. Manner daily reports. 991. Collection of moneys. 992. Officers governed by this ordinance. 993. Went into effect in 1889. 994. Statement of vouchers. 995. Record of officers' fees kept. 996. Preamble. 997-998. Estimates of departments. 999. Appointments. 1000. Bridge department created. 1001. Record of checks lost. 1002. Transcript of record. Term from Mav, 1889, to April, 1891— afterwards terms of two years each. Mayor may re- move for cause. Salary, oath and bond. Duty to keep general set of books covering all receipts and disburse- ments of city. May require ev- idence as to j\istice of claim. Section 974. The City Comptroller shall be elected by the people biennially, when the Mayor is elected. Sec. 975. At the first regular meeting of the Mayor and General Council in May, 1889, the Mayor shall communicate to the General Council the nomination of a person for said office. The person first appointed and confirmed as City Comptroller shall serve until the first regular meeting of the Mayor and General Council in April, 1891, and until his successor is elected and qualified, unless sooner removed by the Mayor and General Council for cause. All subsequent elections shall be for a term of two years, with the same right of removal for cause. Sec. 976. The City Comptroller shall be paid a salary of $2,500 per annum. He shall qualify by taking an oath for the faithful per- formance of his duties, and by giving a bond to said city in the sum of ten thousand dollars with good securities, subject to approval by tlie Mayor, conditioned for the faithful performance of his duties. Sec. 977. It shall be the duty of the City Comptroller to open and keep a general set of books for said city, and to keep regular and cor- rect accounts showing the financial transactions of the city, which shall embrace an account of all receipts and disbursements of money by said city, and separately and under proper heads each cause or source of receipt, of disbursement, accounts with all persons and all city officers who have money transactions with said city. Sec. 978. Xo /?. fa. issued by the Clerk of Council .-^hall be valid and of force until the same has been entered upon the books of the Comptroller and charged to the officer to whom said fi. fa. is delivered. Sec. 979. Whenever a warrant or claim shall be presented to the City Comptroller he shall have power to require evidence that the amount is justly due, and for that purpose may summon before him Part III. — Ordinances. 259 any officer, agent or emi)loye of any department of said city, or any ^^^ ^^^ ^gj,,^ other person, and examine him upon oath or affirmation rehitive to said warrant or claim. Sec. 980. Hereafter no warrants for money passed in favor of any person, except in cases of court verdicts or judgments, shall be deliv- damages? •ered to such parties until all past due demands in favor of the City of Atlanta against the person or persons in favor of whom such warrants are passed, have been satisfied. It is hereby made the duty of the City Comptroller to enforce this ordinance, and to require settlement in cases of cross demands as above specified. Sec. 981. Whenever any department of the City Government shall , , stationery of require for its use books, stationery or printing, amounting to ten city, dollars and upwards, such department shall make application to the .Tan. it, isr«. Comptroller for the same, with copies of what is wanted, and he shall ask for bids for the same, said bids to be opened and contracts awarded ^ by the Committee on Printing. Sec. 982. In the month of January, each year, every department of g^ ^.^^ ^^ I he City Government shall make out a detailed list of every article ^^J^°^*j'^^?[^; which may be needed for general use in that department as near as government, can be estimated during the year, and hand to the City Comptroller, ^^^- ^^' ^^•*^- who shall ask for bids for same from houses in the city, when prac- ticable, dealing in the lines of goods needed, to be delivered during the year as may be needed for use from time to time. These bids shall be directed to the Finance Committee of Council, and they may award contracts to the best bidders in their discretion, reserving the right to reject any and all bids. The contracts having been awarded as above provided for, then the heads of departments shall make requisition on the City Comptroller for such articles as they may need from time to time during the year, who shall supply them by orders on the con- tractors. When contracts cannot be awarded for the entire year on account of fluctuations in prices or nature of articles wanted, the heads of the departments shall make requisitions on the Comptroller for such articles, who shall ask for bids for same, said bids to be opened by the committee having supervision of the department so making requisition, and contracts may be awarded to the best bidder in such cases. All bids from contractors for supplies furnished the city must be accompanied with the order of the Comptroller for same, and he must see that the goods have been supplied at the price and the quality contracted for. Sec. 983. It shall be the duty of the several departments of the City Government to file with the City Comptroller a statement show- bie property ot ing the value of burnable property or property liable to destruction by" "'' fire, which may be under the control of their respective departments. These statements shall also show the amount of fire insurance carried on each piece of property, the names of the companies, the terms and 260 Part III. — Ordinances. expiration of each policy and the rates of premiums paid thereon. Such statements shall be made and filed with the Comptroller on the first day of July, October, January and April of each year following the adoption of this ordinance. Sec. 984. On and after the first day of July, 1893, all policies of vvith^'conip-*^'^ insurance upon property belonging to the city shall be filed witli the tioiier. Comptroller, where they may be examined from time to time by the Mayor and Committee on Public Buildings and Grounds, and it is hereby made the duty of said committee to see that each and every policy is properly written, so as to avoid" as far as possible any trouble in case of loss. Sec. 985. Eents, etc., due the city and unprovided for in the fore- Rents— how goiiig? shall be paid to the City Tax Collector, who is empowered to collected. receipt for same, and shall deposit with Treasurer, and be credited when he presents certificate of such deposit to the Comptroller. The ♦ receipt shall originate in the Clerk's office under the coupon system. Sec. 986. It shall be the duty of every department and every officer Requiring pro- of the City of Atlanta who shall sell any of the public property, real orpubHc^proV 01" persoual, belonging to said city to pay the proceeds of such sale to paid through the City Tax Collector and report such payment to the City Comp- troller, as required by the ordinance defining the duties of the City Comptrcfller to pay such money into the City Treasury subject to appropriation and distribution by the Mayor and General Council. Sec. 987. Any officer of any department of the City Government of Atlanta who shall violate the foregoing section shall, upon convic- tion of such violation, in the Eecorder's Court of the City of Atlanta, May 5, 1S97. Amends Code, 1156 (b). be subject to punishment by fine not exceeding thirty days, either or both of such punishments, in the discretion of the court. Sec. 988. In order to keep correct accounts and ascertain tlie De artments ^xact aiiiounts expended under different heads in the City Government, created. ^hat the followiug departments are herel)y created, and all warrants upon the Treasurer shall be drawn upon the fund appropriated for that department creating the expenditure; and unless it shall be so stated upon its face, shall not be paid by him. departments of appropriation and expenditures. Appropriations 1. Department of Mayor. to be made for ^ "^ each depart- 2. Deijartiiient of Council. ment, but '■ these depart- 3. Department of City Hall. ments or ^ -^ heads of ap- 4. Department of Finance. propriation are -^ subject to 5. Department of Police. change. ^ 6. Department of Tax. 7. Department of Fire. 8. Department of Cemetery. 9. Department of Sewers. Part III. — Ordinances. 261 10. Department of Streets. 11. Department of Engineer. 12. Department of Commissioner Public Works. 13. Department of Waterworks. 14. Department of Street Lights. 15. Department of Law. 16. Department of Parks. 17. Department of Relief. 18. Department of Public Schools. 19. Department of Bridges. 20. Department of City Comptroller. 21. Department of Sanitary. 22. Department of Contingent. Sec. 989. All bills made out against the City of Atlanta for pay- ment shall be made in duplicate upon bill-heads in the department to „.„ ^ ^ ^ Bills made out which it relates, and shall be approved by the official head of that ^" duplicate, department, the chairman of the committee who has supervision of same, and the City Comptroller. The Mayor, or Mayor pro tern., hav- ing satisfied himself of the correctness of the account, shall draw a warrant upon the City Treasurer for the amount of same, when he shall require the duplicate bill and stub of warrant to be signed by the person obtaining payment. The City Comptroller shall then coun- tersign the warrant and require the original account to be receipted, which he shall file away in his office for reference. The City Treas- urer is then authorized to pay the warrant. Sec. 990. The City Treasurer shall report to the Comptroller daily and monthly the deposits made with him by collecting officers of the makTdlnv"re- city. He shall also report daily the amounts paid out by him forP"""*^- interest, coupons and bonds, for which he has received no warrant, and also the cash balance remaining daily, with a detailed statement of warrants paid, with number, name and amount of each. Sec. 991. All moneys collected for the City of Atlanta by its officials shall be done under the system known as the "coupon system" collection of of collections ; that is, that all bills for collection of the city's revenues "'°°^-''- shall be made out by the head of the department in which they origi- nate, said bills having two stubs attached, one stub to be retained and the other stub and bill to be sent to the collecting officer for collection. The head of the department issuing the bill for collection shall on the same day report the fact to the City Comptroller with the number, name and amount of said bill, which shall be charged to the collecting officer by the Comptroller ; said collecting officer shall sign the receipt on payment of the bill, retaining the detached stub. The collecting officer shall on the same day he receives the money for any bill so col- lected deposit it with the City Tax Collector, taking duplicate receipts for same and on the same day make his report of collections of said 262 Part III. — Ordinances. bills to the City ComiDtroller, accompanied by the duplicate receipt of the City Tax Collector, together with the coupons made by the heads of the departments issuing them, to be checked up and verified by the City Comptroller each day. Sec. 992. The City Clerk, Chief of Police, Marshal, Sexton, Sec- city Clerk and Tctary Water Commissioners, Tax Assessors, Clerk Board of Health glverned^'^by ^^^ ^^^ othcr officials of the city shall be governed by and be subject to this ordinance. Q^^ provisious of this Ordinance in reporting the bills issued and col- lections made by each of them, as required by the first section hereof, and all moneys collected by these officers shall be paid to the Tax Col- lector, who shall pay the same to the City Treasurer. Sec. 993. The provisions of this ordinance shall take effect on and after the first day of July, 1889, and that all officers of the City Gov- ernment of Atlanta affected thereby shall be required to comply with its requirements, and have books, papers, etc., properly prepared by that date, to carry them into effect. Sec. 994. The Comptroller of the city shall furnish, at each reg- statements of ular meeting of the General Council, and to the Aldermanic Board, a statement of each voucher approved and each warrant drawn, and the " ■*' ' ■ consideration for it and the fund on which it is drawn. Sec. 995. The City Comptroller is required to keep a book of en- Record of tries of all fees collected by city officers, and that said books be subject officers' fees to i /^ -i be kept. to inspection of the Mayor and General Council. Sec. 996. Whereas, It is necessary, in order that the Mayor and Council may be enabled to make an intelligent and proper distribu- tion of money raised by taxation among the various departments of the City Government for their support and maintenance, as the de- mands of each may severally require, and that each of these depart- ments may be restricted in their disbursements to the amounts appor- tioned to each of them; that statements of the amounts required by each department be made to the Council for consideration and guid- ance before the time of making said apportionments ; therefore, Sec. 997. The Board of Education, the Board of Health, the Board Boards, of- of Policc Commissioncrs, the Board of Water Commissioners, the IZlHnu ^'' Board of Park Commissioners, the Chief of the Fire Department, and Znts'^and^es" the Commissioucr of Public Works, shall each file with the Clerk of of maLtlinTng Couucil, to be transmitted by him to the Mayor and General Council, depamtrents^ in April cemb year. April and De- a statement of the amount, as nearly as can be estimated, of maintain- cember of each ing their departments for the year. Said statement shall set fortli April 2, 1888. tlic various objccts of expenditure, and specify the sum necessary tor each of them. Sec. 998. Each of the above named dopartinents, by their proper officers, are hereby required to file said statements of estimated ex- quired, pcnditures with the Clerk of Council the last Mondays of April and December of each year. Part III. — Ordixaxces. 263 Sec. 999. After the apportionments to the various departments above named have been made by the Mayor and Council, the Board of Aklermen concurring, that no bill of expenditure incurred, or author- ized ])y any of said departments, in excess of the apportionment thus fixed, shall be paid by this body. Sec. 1000. The Department of Bridges is hereby created, and all Department accounts for expenditure of money for building or repairing bridges '^'■*^*«^<'- shall be made on bill-heads against the department, and shall be paid for from funds appropriated by the Council to this department ; and Accounts— the City Comptroller is hereby authorized to draw warrants on this ^^Trants* """^ department when properly approved, and the City Treasurer is au- '''"*"'"• thorized to pay same when signed by the Mayor, as in case of other ^^^^' ^^' ^^''^' warrants drawn upon the Treasurer. Sec. 1001. The Comptroller shall make and keep in a book, to be Record of lost prepared for that purpose, a record of all city checks lost by the own- '^'"^'^''^• crs and renewed by the Council, with their dates, numbers, amounts, in whose favor issued, whether payable to order or bearer, for what purpose or on what account issued, and the dates and amounts of all credits on said checks, with the name of the owner at the time of the entry of the credit. Sec. 1002. The said Comptroller shall make correct transcripts of such record in a large, fair hand, and furnish one to the Clerk, Treas- rewrf"'^ urer. Marshal and Tax Collector, to be posted conspicuously on or near their desks for convenience of reference. The description of each renewed check shall, immediately after its renewal, be added to the record and each of said transcripts. CHAPTER XXIX. city exgixeer. Section. 1003. Klection. 1004. Duties. 1005. Sewer — keep record of — cost of. 1006. Bond. 1007. Make plats. 1008. Jrrofiles. Section. 1009. Grades— how established. 1010. Grades — permanent. 1011. Inspect permanent improvements. 1012. Reject improper work or material. 1013. Make out paving bills. Sectiox 1003. There shall be elected by the people, at the time of electing other city officers in and for the City of Atlanta, an Engineer fai!,*r?°"~ for said city, who shall take an oath before the Mayor to perform such duties as may thereafter be required by said Mayor and General Coun- cil, annually, and he shall be entitled to and receive such salary as ^^^^ "* °^''^- may be fLxed by said Mayor and General Council, the year preceding his election, which shall not be changed during his term. Sec. 1004. It shall be the duty of the City Engineer to survey, lay 264 Part III. — Ordinances. of streets, etc., to work to his plans. Shall keep file of plats. Duties. ^^^ a^cl give the grade of streets and sidewalks, and the inclination and shape of drainage for the city, and the form and dimensions neces- sary to culverts, and the thickness and strength necessary to all walls that are to be filled with earth, and to perform all other duties in his line of business that he may be called on to do by the resolution of Council, the Street Committee, or the Commissioner of Public Works, Commissioners ^^^ ^0 do all the engineering necessary for the city. The Commis- sioner of Public Works shall work to his plans and directions, as well as those engaged in any work coming under his department. He shall file and carefully preserve in his office, properly indexed, all plats of May 3, 1880. property furnished him by parties who make subdivisions of such prop- erty for the purpose of sale or otherwise. Sec. 1005. He shall keep a record of the cost of all sewers that have Keep record of heretofore been laid down, and collect through the Tax Collector from cost of sewers, in t all persons desiring to connect therewith, before granting them permis- sion to do so, such an amount in proportion to the whole cost of the sewer as the frontage of his lot bears to double the amount of the whole length of the sewer. The collector shall pay over all amounts thus collected to the City Treasurer through the Comptroller system. Sec. 1006. The City Engineer shall give bond, with good and sat- Bond. isfactory security, in the sum of one thousand dollars, for the faithful performance of his duties. Sec. 1007. For all permanent street improvements, whether for sidewalks, streets, pavements, or repairs of streets or sidewalks, or sewer assessments, when passed on by the ]\Iayor and General Council, and concurred in by the Aldermanic Board, the City Engineer is hereby required to make a plat of each street, or a portion of a street to be so improved, with the names and frontage of each property owner on said street; and when the street or a portion of a street is com- pleted, he is required to furnish the Street Improvement Collector with said plat, specifying the amount due by each property owner. Then it becomes the duty of the Street Improvement Collector to keep a separate set of books for street improvement purposes, and he shall be required to make monthly reports to the Mayor and General Council of all money received, and from whom, and also the names and the amount due of each property owner who may be indebted to the city for street improvement. Sec. 1008. When any person, firm or corporation shall apply for a permanent grade under Sections 64 and GG of the Code of 1883, or when in the construction of sidewalks, sewers, or improvement of any street or alley in said city, it shall become necessary to fix and estab- lish a permanent grade, all the surveys, plans, profiles and grades and other work necessary to perfect the same, shall be done and furnished by the City Engineer to the Mayor and General Council, who shall', by ordinance, fix and establish such grade, and have the Clerk of Council Engineer t make plat Permanent grades. Dec. 1, 1884. Part III. — Ordinances. 265 enter on the ])rotile' showing such grade, the day and date of its adop- (.^^^j^^.j, ,,^ ^^ tion by the Couneil, and such profile shall then be filed in the En- gineer's office. Sec. 1009. After said grade has been established l)y the flavor and General Council, the work shall be done in conformity therewith. ^^'"'''■ Hereafter no change shall be made in the grade of any street or alley, jj^ chan-e. unless the same shall first be fixed and established by the Mayor and General Council. Sec. 1010. When any person shall api)ly for a grade under Sec- permanent tions 64, 65 and 6ii of the Kevised City Code, he or she shall place fbufnedl""' with the City Engineer the sum of two dollars as a deposit to secure oct. i, i8s.3. costs — and when such grade of such applicant is made and established, he or she shall pay the further sum of three dollars before becoming entitled to such grade. Sec. 1011. The C*itv Engineer shall have entire charge and control . . „ ,,' -T 1, 1 IT- Inspect public of the inspection of all street, sidewalk and sewer work and improve- worte and ap- . point his own ments in the city, and shall, by himself or competent assistants chosen assistants. by himself, have all such work thoroughly and efficiently inspected as Feb. i7, iS9i. the same progresses, and where the immediate inspection is made by assistants appointed by him, he shall himself have a general svipervis- iou of such work of inspection, and is charged with the duty of seeing that all work done and material used in any such street, sidewalk and sewer work and improvement, is strictly in accordance with the specifi- cations for the same, to the end that the city and the people who pay for the same shall be fully protected against inferior work and ma- terial. Sec. 1012. Should the City Engineer, at any time, or during any stage of the work, or after completion of the same, and before the pay- ^^j^ ^g ^gg^ ment therefor, ascertain that any improper work has been done, or Reject improp- material and executed according to the specifications, before approving the bill for ^^^^^^ ^fs' work the same, before entire and final payment for the same is made. But finafeftimat"! said Engineer may make and enfor-ce reasonable regulation for ap- proval, or preliminarv estimates on such work, as the same progresses. Sec. 1013. The City Engineer shall make out all bills against property owners for curbing, sidewalk and street paving, sewer assess- l\l^^^ °"' '""^' ments, etc., which shall be numbered consecutively and entered by him in books prepared for that purpose, which he shall turn over to the Comptroller, and the bills to the Street Improvement Collector for collection, and the amounts of same shall be receipted for by said Col- lector to the Comptroller. The Collector shall receive credit for col- lections on above accounts and the Treasurer charged with same upon presentation of daily receipts from Treasurer. 266 Part III. — Ordinances. CHAPTER XXX. COMMISSIONER OF PUBLIC WORKS. Section. 1014. Control execution of work. 1015. Rules and forms devolved upon him. 1016. Shall make and submit estimates. 1017. Make monthly detailed statement. 1018. Accounts— how made out and approved. 1019. Employes, purchases, etc. 1020. Subject to Mayor and General Council. 1021. Authority to order work limited and jurisdiction of Commissioner. 1022. Condemned stock, sale, report, etc. 1023. Keep complaint books. Section. 1024. Commissioner's clerk. 1025-1026. Whole time required. 1027. Office^where kept. 1025. Teams to be tagged. 1029T Work to be executed in order of pass- ing up. 1030. Mayor may suspend order in emergency. 1031. Chain-gang — how used in grading. 1032. Bills to go to Street Improvement Col- lector for collection. Controls execu- tion of work. May change rules, etc. .Jan. 4, 1SS6. Section 1014. The Commissioner of Public Works shall have full and comjDlete control of the execution of all work of every kind ordered from time to time by the Mayor and General Council on the streets, sidewalks, curbing, bridges, culverts, sewers and drains of the city, except the insiDection of paving streets and sidewalks and construc- tion of sewers let out by contract, which is the duty of the City En- gineer; and shall have like control of the city stockade and grounds connected with the same, and of all city convicts and employes con- nected with the departments of the city's service relating to those mat- ters. Sec 1015. The organization, rules, forms and methods of business lately used and in operation under the Board of Commissioners of Streets and Sewers shall be devolved on and may be continued in use by said Commissioner of Public Works in the transaction of his busi- ness until changed by him, or by the General Council, except that the Commissioner shall discharge the duties formerly devolved on the Superintendent of Streets, which latter, as a separate office, is hereby abolished.- Sec. 1016. The said Commissioner of Public Works shall, in Jan- uary of each year, make up and present to the Finance Committee of the General Council an estimate of the amount that will be necessary for all work on the streets and sewers, and other work and expense of his department for the year; and the Mayor and General Couneil shall, at the time the other apportionments are made, set apart and apportion to said street and sewer work, or other work and expense in the department of said Commissioner of Public Works, such amount or amounts as may, in their judgment, be necessary and proper for the year. The amounts thus apportioned shall be paid out in such a manner as the said Mayor and General Council shall provide, ami such reasonable amount as may be necessary may be advanced before the annual apportionments in June, as other apportionments of the city. Said Commissioner shall, in funiisliing the estimates al)ove Part III. — Ordinances. 267 mentioned, specify tlie same se])arately, stating how much will be necessary for streets, how much for sewers and how much for perma- nent improvements or other particular work or expense in his depart- ment. Sec. 1017. Said Commissioner shall,^ at the first regular meeting in each month, furnish to the Mayor and General Council a detailed meet[n/of"'^^* statement of work in progress and of work completed in his depart- Eacr^month's ment during the past month, and shall in said report carefully show piete/Tnd in as to each work or expenditure, how far the actual expense has over- p''"^'"^^^- gone or fallen short, as the case may be, of what was estimated for it when the work was ordered, and shall, on the Saturday before each reg- ' ular meeting of said Mayor and General Council, furnish to the Clerk of Council, and the same to be entered on the minutes, a carefully pre- pared statement, showing all work ordered but not done and paid for, so as to exhibit the amount, as near as he can estimate, of liabilities or expense previously incurred by vote of the General Council, but not up to that time appearing in the expense accounts of the Clerk's office, in such form and to such effect as that the Comptroller may be enabled to enter and deduct the same under appropriate heads in the financial statement required by law to be made up at each meeting of said body. Sec. 1018. All accounts for work done in the department of said Commissioner to be paid for out of the regular annual apportionment ^^ake out ac- set apart by the Mayor and General Council for such work, shall, before they are paid, be made out as other accounts against the city are made, be approved by said Commissioner, if found correct, and ap- proved in like manner by the Committee on Streets and Sewers, as the case may be, and delivered to the Comptroller, and shall then take such course as other accounts against the city ; and said Commissioner shall be responsible to the Mayor and General Council for the just and economical expenditure of the public funds in his department. Sec. 1019. And said Commissioner of Public Works shall have the Appoint and right of appointment and discharge of all employes in his department, piojel'"^^ *""'' except as hereinafter provided, and see to the execution of all con- tracts, and see to the correctness of all dealings with said City of At- lanta, and on behalf of said city, pertaining to his department. Sec. 1020. In the execution of his office and discharge of all the duties thereof, he shall be subject to the direction and control of the Mayor \nd Mayor and General Council, and to such orders, regulations and ordi- di""'^^ *^°""" nances as that body may from time to time adopt in relation to the same. Sec. 1021. The said Commissioner of Public Works shall not lie . authorized to make any contract, or to do any work of his own motion, mole* tiian^$io» the cost of which would exceed one hundred dollars. The jurisdiction uon!'' °''^ "°' of the said Commissioner of Public Works shall extend to and embrace 268 Part III. — Ordinances. Takes place of ^^^ ^^^^ powers and duties exercised by the Commissioners of Streets of"st?elts°"and ^^'^^ Sewers under then existing laws, except in so far as they may be Sewers except, repealed or modified by the Act of the Legislature creating the office of Commissioner of Public Works, or by ordinances of the city now existing or hereafter passed. Sec. 1022. The said Commissioner of Public Works shall, from time to time, at public auction, of which due and proper publication fd^^stock'^^etc'., shall be made, dispose of all condemned stock, vehicles and appliances, reporTVn^wrr^ sud old and uuused material in his department, after first submitting '"^' the proposition to the Mayor and General Council and obtaining their order therefor, and shall make a written report after each sale so made at the next meeting of the Mayor and General Council, giving a de- tailed statement of articles sold and price brought, and accompanying said report with the receipt of the Tax Collector for the funds arising therefrom; and the city's title to such property shall not be But not to buy diverted in any other manner than as herein provided. It shall be at suci sae. ^jj^j^^.f^j f^j. ^j-^g g^[^ Commissioner, either directly or indirectly, to be a purchaser at these sales of any such property. Sec. 1023. The said Commissioner shall keep in his office a book to be known as "The Complaint Book," wherein the police, sanitary Keep a com- inspcctors, or any citizen may, from time to time, make entry of ob- plaint book ^ ' *' •" t • t and examine stacles and dcfects lu the streets and sewers needing immediate rein- ed therein. edy ; and it shall be the duty of the said Commissioner to at once exam- ine into the same, and to take such steps as he may be authorized by law to provide a remedy for the same. Sec. 1024. The Finance Committee of the General Council shall ^, , , ^ be and are hcrel^v authorized to furnish the Commissioner of Public Clerk to Com- PuWiT wo°ks ^^^oi'^^s with such clerical help as may be necessary to discharge the iTow provided clutics in couuectiou with his office, heretofore discharged by the Clerk Mar 11 1898 °^ ^^^^ Commissiouer of Public Works. The compensation of such help as may be employed to be paid out of the appropriation for streets ordi- nary, and not to exceed $1,000.00 per annum, payable in monthly installments. Sec. 1025. The Clerk of the Commissioner of Public Works shall His clerk sub- perform such duties as shall be prescribed by said Commissioner of rection. '"' '''' Public Works, and shall be under his direction and control, and shall be subject to suspension or removal by said Commissioner. Sec. 102G. The said Commissioner of Public Works and his cbTk Enpasp in no shall dcvotc their entire time to the interests of the city, and shall have or engage in no calling or business other than the duties of their respective offices. Sec. 1027. There shall be assigned to said Commissioner by the Office to be as- Committee on Public Buildings a suitable office or office-room for the siRncd by Com- " mittee on transaction of the business of his department as the interests of the Public Build- J- ings. game and of tlie public may demand. Part III. — Ordinances. 269 Sec. 102S. Whereas^ The City of Atlanta owns and operates Tags to be on tea in service teams, either single or double, have a red metal tag not less than three °^ ^'*y- inches long and one and one-half inches "wide, attached in the follow- ^p"^ ^' ■'^^5- ing manner: Each tag to be stamped "City of Atlanta." Every two- horse or fonr-horse team to have this tag attached to bridle at the ear- band, on the outside of each animal; single draft animals to have it attached in similar manner on each side. All teams that are hired by the city, while they are in the employ of the city, are to be tagged in the same manner. Any driver of teams belonging to the city, or of teams in the employ of the city, who does not comply with this ordinance shall, on conviction in the Recorder's Court, be fined not exceeding fifty dollars, or imprisonment not longer than thirty days. Sec. 1029. All street, sidewalk and sewer work shall be done in the order of work order in which the same was passed up by the Mayor and General ers ^of side-^^^^ Council, all work passed up at the same meeting having equal rank, ^^^ but the Mayor and General Council may at any such meeting fix the ' ' order in which work passed up at the same meeting shall be executed. Sec. 1030. The order fixed, as provided for in the preceding section, for the execution of work, shall not be changed or varied, except by change order action of the Mayor and General Council ; provided, that the Mayor, gency subject IT • 11 n 1 c to concurrence m an emergency, shall have the discretion to change the order oi any of council at such work; but such change, when authorized by the Mayor, shall be reported by him to the next meeting of the ]\Iayor and General Coun- cil, and shall not longer prevail, unless such change be then and there concurred in by the Mayor and General Council. Sec. 1031. The Commissioner of Public Works shall onlv have c'hai"^^ane to be used in the force of hands, known as the chaingang, used for the purpose of f ^^ei-^^the"'^ grading streets and sidewalks where the Mayor and General Council General* Coun- orders and passes up the work during the current year, and when not u^der'^the dl^ engaged on such work such force shall be used by said Commissioner jiavoTand under the direction of the Mayor and Street Committee. mlttee ^°™ Sec. 1032. The Commissioner of Public Works shall make out all bills for sewer entrance fees, removing and replacing permanent street improvements, where water, gas or sewer pipes are laicl by citizens, and other work of like character, and enter the same in the books properly prepared for the purpose, and turn over the same to the Street Im- provement Collector, and the said bills shall be collected in conformity with the coupon system. All bills not promptly paid shall have execu- tions prepared for same by the Street Improvement Collector, and issued by the City Clerk. The Commissioner of Public Works and Street Improvement Collector shall each make monthly reports of all uch bills to the Comptroller. 270 Part III. — Ordinances. CHAPTER XXXI. STREETS AXD ALLEYl Section. 10o3. Petitions signed in ink. 1034. Power to grade, pave, etc. 103-5. Owners pay for sidewalks. 1036. Owners of one-half frontage must pe- tition. 1037. Assessments equalized or fixed br ordi- nance. 1038. Lien on property from passage of ordinance. 1039. Collection of assessment. 1040. Accounts kept by Commissioner Public Works. 1041. Accounts— how audited. 1042. Sidewalks— width of. 1043-1044. Sidewalks in Inman Park. 1045. Snow on sidewalks. 1046. Penalty. 1047-1048-1049. Encroachment on sidewalks. 1050. Sidewalks— how put down. 1051. City to put down if owner refuses or fails. 1052. Sidewalk material. 1053. Expense of laying sidewalks. 1054. Assessments — alleys. 10.55. Dangerous places in streets fixed. 1056. Nails, glass, etc., not to be thrown on streets. 1057. Penalty. 1058. Owners to keep sidewalks. 1059. Keep clean. 1060. Penalty. 1061. Gratings, widtk of, on sidewalks 1062. Obstructions. 1063. Engineer to remove iences, trees, etc. 1064. Barbed wire fence prohibited next to sidewalks. 1066. Use of streets in building. 1067. Persons occupying stores, shops, stalls or other places of business shall not obstruct the sidewalk. 1068. Sidewalk— merchants may use two feet to display goods. 1069. Riding and driving. 1070. Driving over bridges faster than a walk prohibited. 1071. Vehicles prohibited from driving over iron plates at crossings. 1072. Vehicles not allowed to stand on street without team attached or in charge of some person. 1073. Bicycle whistles, like those used by policemen, not allowed. 1074. Bicycle riders use bells. 1075. Penalty. 1076. Digging gravel, etc., out of street. 1077. Auctioneers not to obstruct street. 1078. Bids opened in Council. 1079. Certified checks accompany bids. 1080. Curbing turned at corners. 1081. Owners pay for curbing. 1082. Street committee reports. 1034 10S5, 1086. 1094. 1095. 1096. 1099 1100, 1101 1102, 1103. 1104, 1105, 1106, 1109- 1111, 1112. 1113. 1114. 1115. 1116. 1117. 1118. 1119. 1120. 1121. 1122. 1123. 1124. 1125. 1126. 1127. 1128. 1129. 1130. 1131. 1132. 1133. 1134. 1135. 1136. 1137. 1138. 1139. 1140. . When made and when acted on. . Need not advertise for bids. Awnings. . Horses not fastened to trees, posts, etc. . Liquids not thrown on streets. . Dirt wagons regulated. . Sweepings. -1091. Garbage — how placed— box or re- ceptacle. . Dangerous lots. . Auction sales, not on streets. . Medicines not sold on streets. . Penalty. Vicious animals. Owners trim trees. File plats of property sold. Telegraph, etc., poles painted. Electric Board— poles, etc. Removal of defective poles. Electric wires. Change of wires. Penalty. Fire department may cut wires. Wires must be at least 24 feet high- penalty. City not liable. Injuring street name boards. 1110. Street sprinkling. Setting poles in street. Telegraph, etc., poles on sidewalks. Penalty. Paving between tracks replaced with granite blocks. System of house numbering. How numbers obtained. Direction of Engineer. Owner's privilege. Penalty. Details of numbering. Marietta street widened. Change of street names— Pierce to De- catur, etc. Whitehall changed. Pryor street. Alleys made streets — Jones alley to Jones street, etc. Bartow street, etc. Width of new streets. Race Track to Chapel, etc. Peachtree street, etc. West Peachtree street. Waverly Place. Capitol avenue. Magnolia street. Milledge street. Berrien street. Exchange Place, etc. Hammock street, etc. Earl street. DeRoy street. Linden street. Part III. — Ordinances. 271 Section. 1141. Garnett street extended. 1142. Capitol Square. 1143. Hill street. 1144. Georgia avenue. 1145. Woodward avenue. 1146. Sunset avenue. 1147. L3'on avenue. 1148. Drake street, etc. 114'J. Hemphill avenue. 1150. Porter Place. 1151. Gaskill street. 1152. Auburn avenue. 1153. Madison street. 1154. Kingsley street. 1155. Battle Hill avenue. 1156. Piedmont avenue. 1157. Whitehall Place. 1158. Evans street. 1159. Murphy avenue. 1160. Cherokee avenue. 1161. Railroad avenue to Whitehall street. 1162. Glenwood avenue. 1163. Armstrong street. 1164. Central Place. 1165. Painting, etc. on sidewalks. Section. 1166. East avenue. 1167. Trinity avenue. 1168. Ponce de Leon avenue walks. 1169. Bond in case of excavations. 1170. Holes through curb for pipes. 1171-1175. Connections with vyatermains. 1176. Notify Chief fire department. 1177. Penalty. 1178 to 1189. Venable paving contract. 1190-1191. Sprinkling asphalt paving. 1192. Encroachment upon sidewalk. 1193. Penalty. 1194. Vehicles not in use not allowed on streets. 1195. Bootblacks. 1196-1200. Bicycling. 1201-1202. Roller skates. 1203. Grade of Park street. 1204-1206. Exchange with Southern Railway of parts of Markham and Elliott streets. 1207. Building material not to occupy both sides of street. 1208-1210. Grading private property— when. 1211. Grade of part of Marietta street. 1212. New sand to be used in repairing. Section 1033. All petitions for street improvements must be pg^j^j^^ f^^ signed in ink b}^ the owners of the property signed for, or their duly ^^eet improve- authorized agent, and all ordinances for street improvement must be ^^rch 22, 1893. approved as to their form and sufficiency of property signed for, by the City Attorney before being considered by the General Council. Sec. 1034. The Mayor and General Council of the City of Atlanta p^^^,^^ ^^ j^iay. shall have full power and authority in their discretion to grade, pave, °[j to*^gSde" macadamize and otherwise improve for travel and drainage of the g^reets'!'^'' streets and public lanes and alleys of said city, and to construct side- walks and pave the same ; to put down curbing, cross-drains, crossings and otherwise improve the same. Sec. 1035. In order to fully carry into effect the authority above p^^^^^j. ^^ ^g. delegated, said Mayor and General Council shall have full power and g^g^j^g^®*^ o^^r authority to assess the cost of paving and otherwise improving the side- °* porperty. walks, including all necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the side- walk is so improved. Sec. 1036. Said Mayor and General Council shall also have full power and authority to assess one-third of the cost of grading, paving, tainin" juris- macadamizing, constructing side-drains, cross-drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved; provided, that before any street, or a portion of a street, shall be so improved, the persons owning petition of real estate which has at least one-half of the fronting of the street, or fr™tage° of ^ portion of a street, the improvement of which is desired, shall, in writ- erty"*"^ ^^'^^' ing, request the Mayor and General Council to make such improve- ments, and the Commissioner of Public Works and City Engineer shall 272 Part III. — Ordixaxces. Assessment shall be by or dinanee, and discretionary. have approved the same, and shall forward the same, with their ap- proval, to tJie Mayor and General Council with a statement of the character of the improvement proposed to be made, and an estimate of the cost of the same, and said Mayor and General Council shall, by ordinance, direct the said work to be done, after advertising the fact of the tiling of the petition and the time and place of its consideration, and action thereon; provided, that the law authorizing the assessment on the abutting property owners of the whole cost of paving sidewalks (including cost of curbing) is in no way affected hereby. Sec. 1037. Said Mayor and General Council shall have full power and authority to adopt, by ordinance, such a system of equalizing . assessments on real estate, for the above purposes, as may be just and proper, estimating the total cost of each improvement made, and pro- rating the cost thereof on the real estate, according to its frontage on the street or portion of a street so improved. It shall be wholly dis- cretionary with the Mayor and General Council, whether any work asked for is desirable or necessary, and shall be done or not ; and no application shall be received, and no work done for less than an entire block; provided, that the owners of not less than one-half of the front- age on a block shall not, l^y a failure to apply for work, or by oljjection thereto, defeat an application of the owners of one-half of the frontage of more than a block, when such application shall have been regularly made. Sec. 1038. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. Sec. 1039. The Mayor and General Council of said city shall have authority to enforce the collection of the amount of any assessment so made, for work cither upon streets or sidewalks, by execution, to be issued by the Clerk of Council against the real estate so assessed, and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Marshal of said city on such real estate ; and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest in the purchaser title, as in case of tax sales ; provided, that the defendant shall have the right to file an atiidavit denying that the whole, or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Fulton county, and there tried, and the issue returned as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Sec. 1040. The Commissioner of Public Works is required to keep Lien of assess- ment. Collection of assessment — defence. Part III. — Ordinances. 273 an ac'c-urale account of tlic nioncy expended on the ditl'erent iippi"*'!*'"'^^' Commission- tions which may he made lor aiiv sti'eets and sewers eacli year, ^iitl tvo^L'^to'keep sju'cify tlie same on each weekly pay roll, with the name of the street ^^'^'J^^^g^^pj^'g^. or sewer, and tliat they he re(|uired to stop the work when the amount Ppg^'lj^^'^pp^.^J". a])i)roii]-iated for any street or sewer is exliausted, and communicate p"***^'""^' *^'^*^- the same to the :\rayor and General Council. ^p-"" -'^' i^^^. 8ec. 1041. All accounts for work done on streets and sewers and to be paid out of the regular annual appropriations, set apart and i^ow^'iwui.'''' a])pr()priated by the Mayor and General Council for such work, shall, before they are paid, be made out as other accounts against the city are )nade out, be approved by ihe Commissioner of Public Works, and shall then be approved by the Committee on Streets or Sewers, and shall then take such course as other accounts against the city. Ac- counts created under the supervision of the Engineer shall have his approval. Sec. 1042. All sidewalks for pedestrians in the city hereafter con- structed shall be of the following widths: On streets sixty feet wide width of.' the sidewalks shall Ije ten' feet in width ; on streets fifty feet wide the Feb. 7, issi. sidewalks shall be nine feet; on streets forty feet, sidewalks shall be eight feet, and on streets thirty feet wide sidewalks shall be six feet in width. All sidewalks shall be laid full width, except where the side- walk is ten feet wide and parties wish to put down expensive sidewalks }^''''*^';' °^ s^an- of granite or other material, where the walk may be reduced to seven and a half feet wide, and the parties be then required to sod the bor- der and keep it in good condition so that it will not wash, it being understood this in no case is to apply to the law as it now stands in regard to the laying of brick sidewalks. Sidewalks laid with brick shall Ije laid full width from property line to curbstone, except a space cf twelve by twenty-four inches around shade trees. Sec. 1043. Hereafter all sidew^ilks in Inman Park, when ordered to be paved by the Mayor and General Council by resolution, shall be fnm^'^Park" paved from the property lines out, as follows : On sidewalks eleven feet wide and above the paving shall be seven feet wide; on sidewalks under eleven feet wide and above eight feet wide shall be paved six feet wide; on sidewalks under eight feet wide the entire width shall be paved; provided, such walks shall be laid with cement tiles. Sec. 1044. The space between the paving and the curbstones on all sidewalks ordered paved by the Mayor and General Council in In- ^ ' ' man Park shall be kept neatly sodded in blue grass by the abutting property owners, or the agent in charge of said property, the same to be kept properly trimmed ; and upon the failure of any property owner to keep said space properly sodded and grassed, the entire sidewalk in front of said property shall bo paved at expense of said property owner. Sec. 104."). When there is a fall of snow sufficient to cover the side- {18) 274 Part III. — Ordinaxces. •Snow on side- "^^'^^^^ in the Citv of Atlanta, it shall be the duty of all occupants of -walks. houses fronting on said sidewalks to have the said snow cleaned off of said sidewalks in front of their houses within twelve hours after the snow ceases to fall. Sec. 1046. Any person failing to comply with the provisions of Feb. 25, 1893. ^liis Ordinance shall pay a fine of not less than three nor more than five dollars, upon conviction in the Eecorder's Court. It shall be the duty of the Chief of Police to see that the requirements of this ordi- nance are carried out. Sec. 1047. Xo encroachment on the sidewalks or streets of said on'^'^srde\^^iks. city, in the erection of buildings, for area walls or otherwise, shall be permitted, unless special authority therefor is expressly granted on petition setting forth the encroachment desired, with the reason there- for. Sec. 1048. The owner of the ground adjoining any sidewalk or street where an encroachment is made in violation of the first section of this ordinance, and the architect and contractor who cause such encroachment to be made, shall each of them be suljject to a fine of not less than twenty-five ($25.00) dollars, nor more than five hundred ($500.00) dollars, or to imprisonment for not exceeding thirty (30) days, one or both, in the discretion of the Eecorder's Court. Sec. 1049. Should such encroachment be made as is prohibited in the first section of this ordinance, the obstruction shall be removed, and the street or sidewalk be put in the condition that it was thereto- fore, by the City Marshal at the expense of the owner of the adjoining ground, should such owner fail to remove the obstruction and place the street or sidewalk in its former condition on ten days" written notice from the City Engineer so to do. Sec. 1050. It shall be the duty of persons owning lots fronting on Sidewalks, how strccts. Or property abutting on private alleys, in said city, upon notice put down'. ^^ ^Yie Commissioner of Public Works, to put down in front of their property, upon the grade given them by the said Commissioner and in accordance with his direction, and in such manner as to receive his approval, good and substantial curbing and sidewalks of such char- acter and material as the General Council shall, by resolution, ]u-e- scribe. They shall keep the same in good repair, whether put down by themselves or by the city ; and if they should fail to do so after ten days' notice, the said Commissioner shall have such repairs done at the expense of the lot owner, and collect for such repairs as is herein- after provided, in cases where lot owners rt'fuse or fail to put down sidewalks after notice; provided, tliat should said sidowalks lie in ;i condition dangerous to passers-by that ten days' notice sh.-ill not lu' necessary, but the said Commissioner may have such re])aii-s done at once, and collect therefoi- in the same manner a? though sueli ten ihiys" notice had been given. Part III. — Ordinances. Sec. 1051. If any property owner, who shall he notified as pro- ^..^^ ^^ ^^^ vided ill the preceding section, and shall fail within thirty days ^o f^^^J[^^';^^^l conii)]y therewith, the city shall have such curbing and sidewalks put down at such property owner's expense. In all such cases the City Engineer shall have a bill for the cost of such work and material pre- sented to the property owner, and if the same is not paid within ten days the said Engineer shall deliver the bill to the Collector of Street Iin])rovements, who shall prepare an execution for the amount of such Execution for bill against the property owner or owners, and against his, her or their *^°^*- lands, goods or chattels. Such execution shall be delivered to the Marshal, who shall proceed to collect the same by levy and sale, as by law provided in cases of tax executions. The fees of the Clerk andpees of cierk Marshal shall be the same as in tax executions, and shall be collected """"^ Marshal, and covered into the Treasury through the Tax Collector. Sec. 1053. All sidewalks, which may hereafter be laid within the city limits, shall be constructed of either of the following materials : sidewalk mate- Stone, of not less dimensions than two feet by ten feet, asphalt, cement, " cement blocks, Augusta, Macon, or river, or other first-class hard brick, in such manner as is prescribed in Section 6-17 of the Code of the City of Atlanta for 1883 ; provided, that all new sidewalks, which may be hereafter laid within the limits hereinafter indicated, shall be laid of May 24, is95. stone of not less dimensions than two by ten feet, or the width of the sidewalk, the limits herein prescribed being as follows : Whitehall street, from Trinity avenue to the railroad; Alabama street, from Loyd to Forsyth street ; Pryor street, from Hunter to Auburn avenue ; Loyd street, from Hunter to Decatur street ; Broad street, from West Mitchell to Peaehtree street; Peachtree street, from railroad to Ellis street; Decatur street, from Peachtree to Loyd street; Marietta street, from Peachtree to Forsyth street ; Hunter street, from Pryor to Loyd street ; Wall street, from Loyd to Peachtree street. Sec. 1053. The whole expense of setting curbing and laying side- walks shall be assessed against and collected from the property abut- ^dewaiks^how ting on the streets where sidewalks are laid, and the owners of suchP*^'*^ ^°''- abutting lots. Sec. 1054. In all cases where private alleys, which intersect with sidewalks, form the dividing line between adjoining lots, that the fidSksf "itw assessment for curbing and sidewalks at the point where the alley inter- Lyr^*^ ''" '''' sects with the sidewalk, shall be divided between the lots on each. side Sept. 17. 1395. of such alley, treating the private alley as belonging equally to the two adjoining lots. Private alleys belonging to only one of the adjoining lots shall be treated as part of that lot in making the assessment for curbing and sidewalk. Sec. 1055. The Commissioner of Public Works shall keep em- ployed a suitable man, and have under him a sufficient force of men, pfa"^^""""^ whose sole and exclusive duty shall l)e to repair dangerous places on Feb-'^V laces in street fixed. 276 Part III. — Ordinances. the streets, sidewalks and bridges of the city, and any ph^ce of the kind coming to their knowledge shall be fixed at once. Sec. 105(). It shall be unlawful for any ^lerson or persons to place pi°acmrioose ^'^ the streets or sidewalks in the City of Atlanta any loose nails, tacks, streets ^or' sid"- spikes, broken glass or any similar substance or thing which would be Au^^'^^'is, 1897. likely to injure the feet of persons or animals or cut or puncture tires of bicycles or other vehicles. Sec. 1057. The violation of the preceding section of this ordinance shall subject the offender, upon conviction thereof in the Eecorder' Court, to a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, either or both of these punishments, in the discretion of the court. Sec. 1058. It shall be the duty of all owners of property in the city,] Penalty. sidewalks in good repair. Keep clean. Penalty. Gratings- width of, on sidewalks. Obstructions. March 15, 1872 in good repair, and to do such repairing and other work as may bej necessary to keep the same in good, smooth condition. Sec. 1059. It shall be the duty of all occupants of improved prop-j erty and owners of vacant property, in front of which the sidewalks] tiave been paved, to keep such sidewalks clean, and to do such sweep- ing and scraping as may be necessary to remove clay, dirt and trashi therefrom, and to render the same passable, comfortable and sightly. Sec. lOGO. Any person failing to comply with the conditions of the! foregoing ordinance shall be reported by the police force, and may be] summoned to appear before the Eecorder's Court, or may be arrested) by any officer or member of the police force and taken before saidj court, and such person may, on conviction, be fined in a sum not ex-j ceeding one hundred dollars, or be imprisoned not exceeding thirt'v days, either or both, in the discretion of the court, for each offense. Sec. 1061. No person, in building upon any of the business streets! of the city, shall occupy more than two feet of the sidewalk for area,] grating and lights, without special permission of.the Mayor and Gen- eral Council. Sec. 10G2. Xo person shall place any trash, lumber, wood, ghiss, or other obstructions, in any public street, lane, alley or way in said] city, or on any sidewalk. Any person who shall place any obstruction,] as aforesaid, in any street, lane, alley or way, or on any sidewalk, fail- ing or refusing to remove the same within six hours after being noti-^ fied'by the Chief, or any member of the police force, or. having] removed the said obstructions,- shall replace the same or siniiln structions, shall, on conviction, be fined not exceeding one liundred dollars, or imprisonment not exceeding thirty days, in the discretion of the Recorder's Court. Sec. 1063. When any street or sidewalk in the city is being paved Sidewalks — tt'brremove°d Or graded, the City Engineer shall have authority to have any obstnic- gineer,*^when. tio^s uiovcd, such as fcuccs, that are over the snrveyed line on tlie side- Part III.— Ordixaxces. 277 \\-alks, and trues that are too far from the curh on the sidewalk, that April 20, i885. obstruct tlie free and oi)en passage-way of saitl sidewalk. Sec. lOtU. It shall Ix' unlawful for any person to erect, build or maintain any l)arbed wire fence alony the margin of any lot facing or fences ne.xt^to bordering on any pul)lie street iu tlie City of Atlanta, or any other hitltcd.''^ ^^°' character of fence that would endanger the clothing of passers-by, jan. 22, isoe. along the sidewalks of the city, unless such fence be amply protected by a barrier, or unless such fence be placed not less than three feet from the inside margin of the sidewalks of such street. Any owner of any lot that shall hereafter maintain or erect such fence shall be })unished with a fine of not less than ten and not more than one hun- dred dollars; and the Chief of Police of this city shall, upon request of any citizen, give notice to the owner or tenant of the property where such fence may be, and unless the same is removed within three days after such notice, the said owner or tenant, or both, shall l)e, by the ])olice of the city, arraigned before the Recorder for violation of this ordinance. Sec. lOGG. Any person or persons actually building, or about to l)uild or .repair any building, may collect and lay all such materials ^s J-^se^ofj^sireets may be necessary for such building or repairs in the street, lane or alley next adjoining to or in front of, such building or repairs, and such person or persons so building or repairing shall have the privilege of using one-half of the sidewalk and one-half of the width of the street adjoining, or in front of said building or repairs; provided, that no person so building or repairing shall interfere with the running of the cars upon any street railroad; and, jjroinded further, that such ]-erson or persons shall keep any excavation securely covered, and keep one-half the sidewalk open and in good passable condition. During all such time as such materials shall so lie in any street, lane or alley, the owner or proprietor of such materials shall cause a lamp or lan- tern, with a good and sufficient light therein, to be securely hung up. placed or fixed on a post, or otherwise, at each of the two corners of such inclosure, projecting into the said street, lane or alley, and in such manner as clearly and plainly to show the place and extent occu- pied by such materials. The said lamp or lantern shall be lighted by said owner or proprietor at or before dark in the evening, in such man- ner as to reasonably suppose it shall continue to burn until daylight. The use of one-half of the sidewalk and one-half of the street shall only be allowed twenty days before a building is actually commenced, and ten days after its completion. Any one violating the provisions of this section shall, upon conviction in the Recorder's Court, be fined ^'^"'* ^'^^ not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, or both, in the discretion of the court. Sec. 106T. Xo person occupying any store, stall, shop or other April 23, isoi. place of business shall obstruct the sidewalk in front of the place so see 1029 (b). 278 Part III. — Ordinances. Sidewalks- merchants may use two feet to display goods. Feb. 16, 1S97. Sidewalks — boxes, etc. , on removed at night. Riding and driving. occupied by him, or the view from the street, to or across the side- walk, by placing goods of any kind on or over such sidewalk longer than is really necessary to get the goods or other articles into or away from such place of business in receiving and delivering such goods or other articles. Any person violating this ordinance shall be subject to fine not exceeding one hundred dollars, or imprisonment not longer than thirty days, one or both, in the discretion of the Eeeorder's Court. Sec. 1068. Merchants shall be allowed two feet of the sidewalk next to their buildings on which to display their goods. All boxes, steps, stands or other things used in the display of such goods, shall be removed from the sidewalk at night and on the Sabbath Day. This shall apply to fruit stands from which the fruit is removed. Parties thus using the sidewalk shall, on Saturday night, thoroughly and carefully clean said sidewalks. Any person, firm or corporation vio- lating this ordinance shall be fined any sum not exceeding fifty dol- lars, or imprisoned not exceeding thirty days, in the discretion of the Eeeorder's Court. Sec. 1069. Any person or persons who shall drive a vehicle or ride in a disorderly manner through the street, or over any bridge, faster than a walk, or who shall ride on, or place any wagon, cart or vehicle on the sidewalk, or stop such vehicle on a regular street crossing, shall, on conviction, pay a fine of not exceeding one hundred dollars and cost, or be imprisoned not exceeding thirty days, in the discretion of the Recorders Court. Sec. 1070. It shall be unlawful to drive any dray, carriage or other vehicle over or across any public bridge, in this city faster than a walk. Any person or persons violating the above provision shall be arrested and carried before the Recorder's Court, and, upon convic- tion, be fined in a sum not less than one dollar, nor exceeding one hun- dred dollars, or be put upon the public works not less than one day nor exceeding thirty days, one or both, in the discretion of the court. Sec. 1071. It shall be unlawful for any person to drive a vehicle on or across the iron plates which are placed across gutters at the street crossings. Any person violating this ordinance shall, on conviction before the Recorder's Court, be fined not exceeding one hundred dol- lars, or be imprisoned not exceeding thirty days. Sec. 1072. It shall be unlawful for the owner or person in charge of any carriage, hack, wagon, dray, cart, hand cart or other similar vehicle to leave such vehicle standing on the street without a team attached to it and some person either in charge of the team or near at hand to move it if notified so to do, so as to prevent the obstruction or blocking of the streets or endangering the public by runaway or other- wise. Any person, firm or corporation violating the provisions of this section shall be subject, upon conviclion thereof in the Recorder's Driving over bridges faster than a walk prohibited. Penalty. Vehicles pro- hibited from driving over iron plates at crossings. Penalty. April 6, 1885. Streets — ve- hicles not stand on. Part III. — Ordinances. 279 Court, to punislinicut by fine of not exceeding fifty dollars, or impri.s- onuient not exceeding- thirty days, either or both, in the discretion of the court. .Sec. 1073. It snail be unlawful for the riders of bicycles to use whistles like those used by policemen. Sec. 1074. It shall not be unlawful hereafter for the riders of pg^ g^ ^ggg bicycles to use bells to give warning of their approach. Sec. 1075. A violation of the first section of this ordinance bhall penalty, subject the offender, upon conviction thereof in the Eecorder's Coiirt Refers to sec- of the City of Atlanta, to punishment by fine of not exceeding one ''°" ^ '^' hundred dollars, or imprisonment of not exceeding thirty days, in the discretion of the court. Sec. 1076. x\.ny person who shall dig or scrape up and carry away gravel, eartli, dirt, rocks or sand, from any street, lane or alley of saidei, etc.,. out ot city, shall, on conviction thereof, pay a fine of not exceeding twenty dollars and costs for each offense, or be imprisoned not exceeding thirty Penalty, days in the calaboose. Sec. 1077. Xo auctioneer, commission merchant, or other mer- . ^. ^ ' Auctioneers, chant, shall be allowed to obstruct any public street or sidewalk for the merchants, ^ -^ ^ etc., not to purpose of selling, vending, showing or disposing of their wares and obstruct side- merchandise, or of delivering the same ; nor shall an assembly of per- streets. sons, as bidders, be assembled for the purpose of bidding for the same, J"iy 5> i^se. so as to obstruct free passage on the sidewalks or streets of the City of Atlanta. Any person or persons who shall do or cause the same to be done, or shall fail or refuse to remove the same, after being notified by the Marshal or his deputy, shall, on conviction in the Recorder's Court, be fined in a sum not exceeding one hundred dollars and costs, Merchants may or be imprisoned thirty days; provided, merchants may use one- third "j®g°^g^:^^j^"'*i,j of the sidewalk so long as it may be necessary for receiving and ship- sMppiJT/g-o^Jdl ping goods. Sec. 1078. All bids made for work under the advertisements of Bids opened the Commissioner of Public Works shall be received by the Clerk in liay^o^^and^ °^ open Council, and by him opened in the presence of the Mayor and cii"^*^^ General Council. Sec. 1079. All persons bidding for public work shall be required to accompany their bids with a certified check in such amount as the tified checks n ■ ■ ' /" -r-> 1 T TTT • T c '^° accompany Commissioner of Public Works or the committee advertising for pro- wds for public posals in each case shall designate in the advertisement. Such certi- Jan. 21, isos. fied check to be an evidence of good faith on the part of the bidder, and to be forfeited to the City of Atlanta in case such bidder, after the acceptance of his bid by the City of Atlanta, shall not furnish the required bond and security for the performance of his contract, but to be returned to the bidder when such bond and security are given and accepted. Sec. 1080. It shall be the duty of the Chief Engineer, in future, in 280 Part III. — Ordinances. Curbing to be having Curbing laid, to have all corners turned with curved curbing, ^uine a coi ^^^^ ^^ ^^^^^^ radius as he may deem proper, and that the cost of the Dec. 3, 1888. game shall be charged to the owners of corner lots. Sec. 1081. If any property owner, who shall be notified as pro- Curbing laid at vided in the preceding section, shall fail within twenty days after pMsT'aftei- notice to comply therewith, in so far as to lay the curbing, the city notice. shall have such curbing put down at each property owner's expense. Each property owner notified, as above provided, shall have ten days from the laying of the curbing and completion of grading, in which to complete and lay sidewalks, and on failure to so complete and lay side- walks within said ten days, the city shall have the sidewalks laid and completed at each property owner's expense. In all such cases the City Engineer shall have a bill for the cost of such work and material made out and turned over to the City Clerk, who shall have the same presented to the owner, and if the same is not paid within ten days after the same is so presented, said City Clerk shall issue an execution for the amount of such bill against the property owner or owner >, and against his, her or their lands, goods and chattels. Such execution shall be delivered to the Marshal, who shall proceed to collect the same by levy and sale, as by law jn-ovided in cases of tax execution. The fees of the Clerk and Marshal shall be the same as in tax executions. Sec. 1082. The Committee on Streets shall have no authority to consider and report on any resolution to lay curbing or sidewalk on sidewalks reso- any strcct. Until after such resolution shall have been introduced at a lutions. •' meeting of this body and referred to said committee. Sec. 1083. It shall not be legal for any resolution for laying curb- How adopted. ^^^S ^^^^ sidcwalk on any street to be adopted earlier than two weeks after such resolution shall have been introduced at a meeting of this body. Sec. 1084. Any and all laAvs or ordinances which place any limi- Au limitations tatiou ou the power of the Mayor and General Council to contract MavM-^and Gen- dircctly. and \^'ithout advertisement or other procedure, are hereby to^ contract" repealed; and hereafter the City of Atlanta, by the Mayor and Gen- repeae ^^^^ Couucil, shall havc full powcr and authority to make anv and all Only charter ' t j ^ reTiined""^ coutracts, subjcct only to limitations prescribed by the city charter or Feb. 17, 1891. laws of the State. Sec. 1085. All awnings erected in tlie City of Atlanta in front of booths, stores and residences, shall l)e at tlieir lowest point eight feet Awnings. i ii i from the sidewalk, and the })illars su})p()rting said aAvning shall be placed on tbe extreme outer edge of the sidewalk: and any person „ ,, violating this ordinance shall, on conviction in the Recorder's Court, Penalty. ^ be fined not exceeding one hundred dollars and costs, or be inipi-isr.ned not exceeding thirty days, or ])otli, in tlie discretion of the eonrt. Oc- cupants of the ])()oths, stores and residences shall he responsible for Part III. — Ordinances. 281 the location of the awnings in front of said booths, stores and resi- dejices. Si;c'. lost). Any person who sliall willfnlly destroy any sliade tree, or who shall fasten any horse or animal to any shade tree, or fasten or ,""7altened, ' leave such horse or animal close enough to injure any shade tree in the*^^^'' city limits or in Piedmont Park, or to any lamp-jiost or fence within the city limits, shall, upon conviction in the Recorder's Court, pay a line of not exceeding twenty-five dollars and costs, or imprisonment penalty. not exceeding thirty days, and the police force shall in every case seize the horse or other animal and retain it until the fine and costs are paid. Sec. 1087. Any person who shall throw or discharge from any lot or building any water or fluid substance so as to affect injuriously any on streets, street, lane, alley, way or sidewalk in said city, shall, on conviction in the Recorder's Court, be fined not exceeding one hundred dollars and costs, or be imprisoned not exceeding thirty days, or both, in the dis- cretion of the court, for every twenty-four hours it is suffered to re- main, after notice by any officer or member of the police force, to remove the same; but a citizen may, by permission of the Street Com- mittee, construct a drain or hollow pavement for the water or fluid sul)stance to pass off. Sec. 1088.. Any person or persons engaged in hauling or transport- ino- dirt for anv purpose whatever through anv street, lane, allev or )^'a°o?s haui- . .11 o . 3 5. ,ng dirt to way of the City of Atlanta, shall haul or transport said dirt in wagons ^'a^? ^^°=^ cr carts w-ith close bodies, so as not to scatter or spill anv of the dirt on . ,„ ,„„, ^ " Aug". lU, lo'M. the streets ; and no wagon or other vehicle engaged in so hauling or transporting dirt shall be driven faster than a walk. Any person vio- lating this ordinance shall be fined not less than five dollars, nor ex- ceeding one hundred dollars, or be imprisoned not. exceeding thirty days, upon conviction in the Recorder-s Court. Sec. 1089. Any person or persons who reside on, or do business on any of the streets in the boundaries known as the sanitary limit-, or ^'-'^'^^^'^^ss- any other person who shall deposit on any of the aforesaid streets, or the sidewalks of said streets, any sweepings from any stores, or dwell-" ing-houses, or places of business, or any paper, hair, fuel, slop or wash- ings of any kind, watermelon rinds and seeds, fruit parings, any vege- table matter, or any kind of garbage, shall, on conviction in the Re- penalty, corder's Court, pay a fine of not exceeding one hundred dollars for each and every offense, or be imprisoned not exceeding thirty days, or both, in the discretion of the court. Sec. 1090. For the convenience of all persons affected by the pre- ceding section, it shall be their duty to place all accumulations, therein Box or recep- mentioned, in a sound and suitable box, or other proper receptacle, and place the same on the outside of the sidewalk every morning between the hours of seven and eight o'clock, except Sunday, on which day said 282 Part III. — Ordinances. boxes or receptacles shall not be placed on the sidewalks. After they have been emptied they shall be immediately removed and shall not be replaced until the appointed hour on the following morning. Any person or persons violating the provisions of this section shall, on con- Penaity. victiou in the Eecorder's Court, be punished by fine not exceeding one hundred dollarsj or imprisonment not longer than thirty days, in the discretion of the court. Sec. 1091. It shall be the duty of every occupant of any building, residence or place of business in the City of Atlanta, to provide and tacies'^^forTai- keep within or near such building, residence or place of business, two bage and ashes pgceptacles, ouc for garbage and the other for ashes. Ashes shall be March 10, 1899. j.^^^^ entirely separate from garbage, etc. Eeceptacles for 'all build- ings, other than residences, shall be placed on the outer margin of the sidewalk every day, between the hours of seven and eight o'clock a. m., except Sundays, when said vessels shall not be placed upon the side- walks. When said vessels are emptied by the sanitary men they shall be immediately removed from the sidewalk. Any prson violating the provisions of this ordinance shall, on conviction thereof, before the Ee- corder's Court, be fined in a sum not exceeding ten dollars, or be im- prisoned not longer than thirty days, either or both, in the discretion of the court. Sec. 1092. All persons who own property adjoining streets, and whose lots are below the street so as to make a dangerous off -set, shall Dangerous lots, be required to securely enclose the same so as to prevent danger to Aug. 5, 1878. persons passing along the streets. It shall be the duty of the Chief of Enclosure. Police, throuo'h the police force, to give notice to all persons who come Penaltv for , . ' . . ^ / .,t , « .-, , t p^ failure. withm tliis sectioii to comply herewith, and on failure so to do, alter five days' notice, such person shall be arrested and brought before the Eecorder's Court^ and, on conviction, punished by a fine of not exceed- ing one hundred dollars and costs, or imprisoned not exceeding thirty days, either or both, in the discretion of the court. Sec. 1093. Any person who shall sell at auction, on tlie streets, or allevs of Atlanta, any live stock, goods or merchandise of anv t-liar- Seling at auc- - ? j ? o ^^°1-?" ^'■'''''^•acter, shall, upon conviction in the Eecorder's Court, be fined not prohibited. ? " 1 ' ^ more than one liundred dollars, or imprisoned not longer tliaii t'.iivty days. Vending of ^^EC. 109-1. Xo pcrsou or pcrsoiis, under an auctioneer or peddler's ^i^S^et^^'^at license, shall auction off in any street or alley within the corporate prohibi- limits of the City of Atlanta, any patent medicine or other articles of auction streets jime 6, 1887. persoual property. Penalty. Sec 1095. Any person or persons violating the foregoing ordi- nance shall be deemed guilty of a inisdeiueanor, and, on conviction before the Eecorder's C-ourt, shall l)e fined in a sum not to exceed one hundred dollars, or put at work on flie ])ublie streets for a term not exceeding thirty days, either or l)()th, in the discretion of the Eeecn'der. Part III. — Ordixaxces. 283 Sec. 1096. It shall be unlawful for the owner of any vicious or vidous ani- dangerous animal to allow such animal to run at large, and any person '™^'®- who shall allow or permit such animal to run at large, after having ^^p*- ^' ^^™- iH'on notified that the same is vicious or dangerous, shall, upon con- ^^|l?J*y^^^^ ^^'^ vietion in the Eecorder's Court, be fined not exceeding one hundred "^^ ^^ ^'"■^^• dollars, or be imprisoned not longer than thirty days. Sec. 1097. It shall be the duty of the property owners in this city o«-ners shaii to cause all shade trees along the sidewalk in front of their property to tr™s. ^^'^'^'^ be trimmed, up to a distance of eight feet from the ground. If said March i, isso. property owners shall fail to do the same, it shall be the duty of the upon failure Commissioner of Public Works to cause it done and report the same, of'pubur"^'^ with the cost thereof, to the Clerk of Council, who shall issue execu- hav^work" tion against such for the amount, and said execution shall be collected '^°^^' as tax executions. Sec. 1098. It shall be the duty of each and every property owner, or agent of such owner, having property in charge, who sub-divides any File plats of property in said city for the purpose of division or for sale, to file with oflf for sale, the city a true copy of the plat or place of such division, giving dimen- >iay 3, isso. sions of such proposed lots and width of such proposed streets. Anv Penalty for ^ '■ - failure to com- person who shall tail to comply with the provisions of this ordinance p^j- within ten days' notice after such sale or sub-division, shall, on con- viction in the Eecorder's Court, be fined not more than twenty-five dollars. Sec. 1099. All telegraph or telephone poles erected on the streets of the city shall be painted, and the said painting shall be kept in good Jefepilone poles repair. The Commissioner of Public Works may at any time notify ^^ ^'^ painted, the owners of said poles to paint or. repair the same, and upon their "^""^ -^' ■^*^*'- failure to do so within ten days, the said poles shall be removed. Sec. 1100. All telegraph and telephone companies, electric street railway companies and electric light companies, owning or using poles Telephone and heretofore or hereafter placed in the streets of the City of Atlanta, shall der"co'n?roi o?" hold the right to keep and use such poles, subject to the power and au- "^"''' thority of the Board of Electrical Control, to regulate the placing and ^*'^*' ^'' ^^"■'" removal of such poles, and the Board of Electrical Control shall have au- thority, in their discretion, to reject any poles already in use, or which any of said companies propose to erect, and in case of the rejection of poles already in use, to require their removal and to prevent the use of poles which they deemed to be unsuitable or unsafe, and it shall also be within the power and authority of the Board of Electrical Control to require the removal of poles belonging to any of said companies when necessary, in their judgment, to facilitate the improvement of any street, or portion of the street, or the improvement or convenient use of any lot alnttting on any street or portion of a street. Sec. 1101. Any person or company owning and using any such no°''"emo*^ng poles, who shall fail or refuse within five days after notice from the poret'"""'^ 284 Part III. — Ordinances. Electric wires. Thirty days' notice. said Board of Electrical Control, to remove any pole or poles deemed by them to be unsuitable, unsafe or improperly located, or the loca- tion of which they shall require to be changed, shall, upon conviction thereof, be punished by fine not to exceed one hundred dollars, or im- prisonment not to exceed thirty days, either or both, in the discretion of the court, and the erection of use of any i)ole rejected or condemned by such Electrician shall subject the offender, on conviction, to the same penalty as hereinbefore prescribed. Sec. 1102. All telegraph, telephone, electric light, burglar alarm, fire alarm, or other wires which shall be erected over the streets or side- walks of the said city, shall be not less than twenty-seven (27) feet in Height twenty- height, or higher if this General Council should hereafter determine to abTe iTreet. Jncrease the height of the same from the surface of said street or side- walk, and that all of said wires when connected with any building shall run at right angles from the poles to the building, so that no portion of said wire being over the street or sidewalk shall be of a less height than twenty-seven feet from the surface of said street or sidewalk. Sec. 1103. All such wires, now stretched in said city, shall con- form to the provisions of this ordinance, and that all persons in charge ^^'^""se. thereof shall, within thirty days after notification by the Chief of the Eire Department, or other persons acting for him, and under his authority, change their wire so as to comply with the provisions of this ordinance. A written notice signed by the Chief of the Fire Depart- ment and left at the principal business office of any person, company or corporation engaged in any such business described, shall be deemed, and held to be, sufficient notice under this ordinance. Sec. 110-1. Any person, firm or corporation violating any of the provisions of this ordinance shall, on conviction, before the Eecorder's Court of said city, be fined in a sum not exceeding one hundred dol- lars, or imprisonment for thirty days, either or both, in the discre- tion of the court, and that service left at the principal business office of any such person, company or corporation, so engaged in such busi- ness in said city, shall be deemed to he sufficient notice to any sneli person, company or corporation, to appear before said Recorder's Court to answer the charge recited. Sec. 1105. The Chief of the Fire Department, or other authority acting under him, is hereby authorized to cut any and all of said wires which they shall deem necessary to cut on the occasion of fire alarms, without expense to the city for so doing ; provided, that nothing herein Jan. 8, 1885. ^^^^^^^1^^^^^ g|^^|^ ^^^^^ that the city authorizes any person to undertake the risk of cutting any of said wires or renders itself liable for any injury to the person so doing. Sec. 1106. From and after the passage of this ordinance all eloc- Eiectric wires {y[q wjres shall l)e placed at a distance from the surface of the ground twenty- our ^^ ^^^^ ^^^^ ^^^^^^ twcutv-four fcct, aud auv violation of tliis ordinance Feb. 2, 1885. .. ■ Fire Depart- ment may cut wire. I Part III. — Ordinances. 285 slijill subject the otfcnder to iinc or iniprisouiiK'ut, as in Section 1109, Penalty, in the discretion of the Hecorder's Court. Skc. hot. That nothing contained in any of the ordinances, reso- lutions, or acts of the General Council in relation to the erection of ^''*-'' "°' "^^'*- telegraph, telephone, electric, burglar alarm, or other wires, sliall be'"''''' '^' '^^^'^^ construed to mean that the City of Atlanta holds itself in any manner responsible or liable for damages to persons or property hy reason of any accident, or occurrence, but tliat the city disclaims any liability wliatever in the premises. Sec. 1108. Any })erson or persons who shall remove, or cause to l)e removed, or who shall mutilate, deface, destroy or injure any of the injuring street street directory boards, shall, on conviction before the Mayor, Recorder boards."^^ or three members of Council, pay a fine of not more than five hundred Penalty, dollars, or be imprisoned not exceeding thirty days, either or both, in Feb. 5, istt. the discretion of the court; provided, unless it should become necessary Sept. lo, isst. to remove the same for building or rejiairing purposes, in which case the owner of the property, or the person who removed the board, must place the same in its correct or original position, immediately after the completion of such building or repairing. Sec. 1109. Sprinkling the streets, sidewalks or crossings wdth ^^, , ^ ^ , , ° street spnnk- water shall be, and is hereby prohibited, except between the hours of li^g- 5 and 7 o'clock a. m., 13 and 1 o'clock p. m., and 6 and 8 o'clock p. m. ; ^^^y i^, isre. provided, that from September 1st to May 1st the hours for sprinkling ^ept. is, istg. shall be from 6 to 8 o'clock a. m., from 12 o'clock m. to 1 o'clock p. m., „, , , , ' i That part or and from .5 to 7 o'clock p. lu. A violation of this section shall, on reJatl?r\"o" conviction, subject the offender to a fine not to exceed one hundred dol- s°rinkHnff has lars and costs, or imprisonment not to exceed thirty days, one or ))oth,in ^^^" repealed, the discretion of the court. It shall not be laAvful for any person in sprinkling water in said city, from hose-pipe or otherw^ise, willfully or carelessly to sprinkle the same against or upon any person or persons, horses or carriages; provided, that on the trial of any person charged with a violation of this section it shall be competent for the accused to introduce testimony to the effect that proper diligence had been used, and precaution exercised, and that the occurrence was purely acci- dental, and not the result of criminal negligence, or malicious or mis- chievous purjiose. Any person violating this section shall, on con- viction, he punished as prescribed in this ordinance. Sec. 1110. The street sprinklers shall not l)e reiiuired to cut off ;^j^r^.,, ^g^ ^sss. water when sprinkling crossings of streets on which belgian blocks or rubble stones have been placed. Sec. 1111. All telegraph, telephone, electric light, and all other companies who set poles for the purpose of business in the city, shall rt°re?ts-rog- remove any and all surplus dirt after setting such poles. Any person s'euVnT ^"^ who shall violate the foregoing ordinance shall, on conviction thereof, juiy 2, isss. be imprisoned in the calaboose not exceeding thirty days, or fined not Penaitv. 286 Part III. — Ordinances. When poles are removed, sidewalks to be left in good condition. Aug. 21, 1895. Rubble be- tween street railroad remov- ed to be placed with belgian blocks. exceeding one hundred dollars, either or both, in the discretion of the court. Sec. 1112. Telegraph, telephone, electric and other companies which erect or remove poles, on the sidewalks, shall leave the sidewalk in as good condition as it was found before said work was done, and it shall not be sufficient, in removing poles, to saw off the said poles on a level with the sidewalk and leave the bod}" thereof in the ground, but the same shall be removed, and the hole filled, and the sidewalk be replaced with material similar to that already on said sidewalk. Sec. 1113. Any person or persons violating this ordinance shall, on conviction before the Eecorder's Court, be subject to a fine not exceeding twenty-five dollars, or imprisonment not exceeding thirty davs, either or both, in the discretion of the court. Sec. 1114. Whenever any street railroad, in repairing its tracks, removes the rubble between the tracks, the repairing between said tracks shall be done with belgian blocks ; provided, the balance of said street is paved with belgian blocks, and for a violation of this ordinance the officer of the offending company shall he liable to a fine not exceeding five hundred dollars, or work on the public works for a term not exceeding thirty days, upon conviction in the Eecorder's Court. Sec. 1115. From the surveys recently made for a new city map, the City Engineer shall devise a system of numbers for streets and houses ; that all i'he numbers which are consecutive remain intact, and from a point where the first gas occurs, beyond the fire limits, the spac- ing of distances be extended to the city limits in every direction. Sec. 1116. Each owner or occupant of a house, or part of a house, shall apply to the City Engineer for the proper number to his or her house, for which the applicant shall pay a fee of twenty-five cents, which the Engineer shall turn into the hands of the Tax Collector. Sec. 1117. The numbers shall be so arranged as to change as few numbers on houses that are now numbered as possible, but the unnum- bered houses shall be numbered as early as conveniently can be. con- forming as near as practicable to the houses already numbered. Where two houses on the same street have the same number it shall be in the discretion of the City Engineer to determine which is the proper number. Sec. 1118. The owner or occupant of any hou-e shall liave the right to determine the form. size, material and location of such num- bers, except they shall l)e inserilu'd or affixed in a conspicuous place; but such owner or occu})aiit sliall ol)taiii from tlie City hhigiiu'cr the proper number. Sec. 1119. Any owner or occupant of a building who sliall affix or retain any number contrary to this ordinance and direction of the City Engineer, for one week after being notified to change tlu' saiiu\ sluilh Sept. ; Penaltj Provides for system of house num- bering. Numbers — how obtained. Direction of engineer. Owners' privi lege. Penalty. Feb. 1, 1 Part III. — Ordinances. 287 on conviction thereof in the Eecorcler's Court, be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, one or both, in the discretion of the court. Sec. 1120. All houses fronting on the various streets and alleys in the City of Atlanta shall be numbered by or under the direction or supervision of the City Engineer, and that this be done without any charge to the owners of the property already improved. In making ihe surveys necessary to this renumbering, the plats of such surveys shall also indicate the proper numbers for the houses to be hereafter erected on pr()})erty now vacant, and persons improving such property shall number it at their own expense. In making the surveys the ])resent plan of house numl^ering shall be observed and followed so far as it is practicable to do so ; but streets where numbers run in wrong direction shall have this irregularity corrected. And twenty-five feet front shall be the space required for a number, except where the present condition of the property requires a number for a less or smaller frontage. After the houses are renumbered, as hereinbefore provided for, and plats are made showing proper numbers for houses to be erected on ])roperty now vacant, it shall be unlawful for any owner, agent, or oceujiant to have any house in said city improperly num- bered, or without a number ; and any person, whether owner, agent in cliarge of or occupant of such house, who shall knowingly have the same or allow the same to continue improperly numbered, or to remain without a number, for the space of ten days after the beginning of such ownership, agency, or occupancy, shall, on conviction thereof in the Becorder's Court, pay a fine of not exceeding one hundred dollars, or be imprisoned in the stationhouse or pu])lic works not exceeding thirty days. Sec. 1121. Marietta street, commencing at the incorporation line Marietta street iened, 1866. a straight line with Payne's line, is hereby opened and widened on the west, so as to be fifty feet wide, and said street shall thence continue in a straight line with Payne's and Mill's fences, of said width, until it intersects with what is now known as Marietta street, and thence fifty feet until it intersects with Walton street. Sec. 1122. The name of Pierce street is changed to Decatur street, change of and that portion now known as Decatur street, from Pratt street to the "^"'^^' Georgia Eailroad, shall take the name of Shipley street : and the name of Payne street is changed to Marietta street; and the name of Cobb street is changed to Hunter street ; and the said streets shall be here- after known in the plan of the City of Atlanta by the names hereby given them. The name of "Wadley street is changed to Forsyth street, and the name of Stockton street to Mitchell street. Sec. 1123. Whitehall street, in said citv, from the railroad cross- „., .^ , „ ' • ' \\ hitehall ing to the junction of Marietta and Decatur streets, shall be sixtv feet *^''^''*- 288 Part III. — Ordinances. Piyor street;. Alloys chang- ed to streets. in a northern dircc- street. All of said v,'ide,and no less; and the name of that portion of said street is changed to Peachtree street. Sec. 1124. That portion of Pryor street heretofore obstructed by the Macon and Western Kailroad depot is re-opened, so that said street shall extend nninterruptedly from Alabama street to Uecatur r^treet of the same width as the remaining portion of said street. Sec. 1125. The following named alleys are hereby changed into streets, bearing the following names, to-wit : Jones alley changed into Jones street. Faith alley changed into Rawson street. Clarke alley changed into Clarke street. John's alley changed into Fulton street. Henry alley changed into Richardson street. Mobb's alley changed into Crumley street. An alley from Peck & Schofield's planing mill, tion to the corporation line, shall be called Fort streets shall be forty feet wide, the same being widened by taking five feet on each side from tlie land adjoining said streets. Sec. 112G. The street recently opened, extending from the West- ern & Atlantic Railroad, and intersecting Cain street, shall be named Bartow street. Sec. 1127. All streets hereafter laid out in said city shall not be less than fifty feet wide. Sec. 1128. The name of Branch alley is changed to Brotlierton Names changed street, in houor of W. H. Brotherton. The name of Racetrack street is changed to Chapel street. The name of Barracks street is changed to Leonard street. The name of Trebursey street is changed to Tatnall street. The name of Mayes alley is changed to Mayes street. The name of Booth's alley is changed to Hayne street. An alley running parallel with Hunnicutt and Mills street, from West Peachtree, to a point near Marietta street, is hereby named Baker street. Sec. 1129. Oak street, running from Peachtree street to Ivy street, shall be known as Peachtree street, and that portion of the street liere- tofore known as Ivy street, running from the street heretofore known as Oak street to the corporation line, shall be known as Peaclitree street. Sec. 1130. That portion of the street heretofore known and des- ignated as Peachtree street, running from the junction of Peachtree and the street heretofore known as Oak street to the corporate line, shall be known as West Peachtree street. Sec. 1131. That portion of East Alabama street, from Loyd lo Washington, shall be known as Waverly Place. Sec. 1132. McDonough street, wh(>re it intersects Hunter street, Bartow street. Width of streets. Peachtree street. West Peach tree street. Waverly Place. Part III. — Ordinances. 289 running thence southerly to the city limits, is changed to Capitol ^^pj^^, ^^^^^^ avenue. Johnson street, in the third ward, is changed to Logan street. ^^'^ '^^'■'*^- Tlie new sixty feet street donated to the city by Col. L. P. Grant, ex- Log^^n street, tending from Fair street to the L. P. Grant Park be, and the same is, ^^'^ ^^^""«- bereljy, given the name of Park avenue. Sec. 1133. The street now known as Magazine street, and that jiagnoiia street part of Cain street, between Marietta street and the W. & A. Rail- "rt'^^of cain"'^ road, is changed to Magnolia street, and that the bridge across the W. ^^^""^^^ ^°- & A. Railroad, connecting the same, be known as Magnolia bridge. ^^'"''^' ^^' ^^^^• Sec. 113-J:. Bree street, in the southeast of the city, is changed to Minedge street ]\Iilledge street. The portion of Collins streej;, beginning at Decatur courtiand street and extending in a northerly direction to its terminus, is changed from Collins street and named Courtiand avenue. ep . _ , Sec. 1135. Mills street, in the third ward, from Tennell street Berrien street, south to East Fair street, is changed to Berrien street. The name of ^ ' ' Pettis street, its entire length, is changed to Logan street. ' fII^^i, '^iIst. Sec. 1136. The name of Line street, from Peachtree street to Ivy Exchange street, was first changed to Exchange Place and afterAvards from Ex- xov. '7, i8S7. change Place to Edgewood avenue. The name of Jennings alley is Jennings /tre^i. changed from Jennings alley to Jennings street. ^'°^- -^' ^^^^• Sec. 1137. The alley situated between Fulton and Richardson ^^^^^^^^ streets, and running from Frazier to Martin streets, shall be called ^gg®*i9 ^ggy Hammock street. The name of that portion of Foundry street between west Harris ^Marietta street and Luckie street is changed to West Harris street. june "is, isss. Sec. 1138. The name of that portion of Foundry street, between Eari street. Marietta street and Luckie street, is changed to West Harris street. The name of that portion of West Harris street as heretofore known, juiy 2, isss". between Marietta and Luckie streets, is changed to Earl street. Gate City street is changed to Smith street. Sec. 1139. The street running from Decatur street to Gartrell , Deroy street. street, running parallel with and between Fitzgerald and Antoinette Sept. 3, isss. streets, be and the same is hereby named and designated Deroy street. Sec. 1140. Mayer street is changed to Linden street. ' x^'l'V^IIIs: Sec. 1141. The street connecting Garnett street with Pulliam Extension of , , . T ^, J i i j_ Garnett street. street, is named Garnett street. Feb. 4, is89. Sec. 1142. That portion of East Mitchell street from Washington capitoi square, street to Capitol avenue, and that portion of Capitol avenue betweemsuo." "^' Hunter and Mitchell street, shall be know^n as Capitol Square. is9o. '^ ' ' ' Sec. 1143. The name of South Bell street, between Bell street ^ji ^^^^^4 bridge and East Hunter street, is changed to Hill street. -^"^- ]' ^^^°- Sec. 1144. Anderson street is changed to Georgia avenue. ave°nfe^ Sec. 1145. The name of Jones street is changed to Woodward \yQjj^4rd avenue avenue. '*^^"^'^- Aug. 19, 1891. Sec. 114(;. The name of Arthur street is hereby changed to Sunset sunset avenuo. avenue. Oct. a, 1894. 290 Part III. — Ordixances. Sec. 1147. Jackson avenue between Hilliard and Jackson streets, and Coker avenue between Jackson street and Boulevard, is changed and consolidated to be known as Lyon avenue. Sec. 1148. The names of the following streets are changed as fol- lows : Ella street from Leonard to city limits, to Drake street ; Henry street from Elliott to Davis, to Tyler street ; Herbert street from Simp- son to Bellwood, to Griffin street; Wallace street from Decatur north to Richmond and Danville Railroad, to Krog street ; Pearl street from Linden to ISTorth avenue, to Nutting street. Sec. 1149. The new avenue to the reservoir from the city is given tlie name Hemphill avenite in honor of the Mayor, under whose admin- istration the new system of waterworks will be completed. The name of Wallace street, from Marietta street to its terminus, is changed to State street. The name of Borne street is changed to Powell street. . Sec. 1150. The name of Porter's alley, leading from Peaclitree street to West Peachtree street, is changed to Porter Place. Sec. 1151. The name of Eiswald street is changed to Gaskill street. Sec. 3152. The name of Wheat street from Peachtree to Irwin street is changed to Auburn avenue. Sec. 1153. The name of Thompson street is changed to Madison street. - Sec. 1154. The street extending northwardly from East Fair to East Hunter street, between Frazier and Terry streets, and immedi- ately east of the jail property is named Kingsley street. The street extending eastwardly from Kingsley street to Terry street, between East Hunter and East Fair street is named Keystone street. Sec. 1155. The name of the street called "New Green's Ferry road," which runs west from the fork of Green Ferry and Mayson's and Turner's Ferry roads at Baker's store to the city limits, is changed to Battle Hill avenue. Sec. 1156. The name of Calhoun street is changed to Piedmont avenue. The name of Emma street is changed to North avenue. Sec. 1157. The street running from Brotherton streec to Fair street is given the name of Whitehall Place. Sec. 1158. The name of Blanche street is changed to Evans street. Sec. 1159. The name of McPlierson avenue is changed to Murphy avenue. The name of Milledge street, in fifth ward, is changed to English avenue. The name of Caldwell avenue is changed to York avenue. Sec. 1]()(). The name of ]\Iadison aveiiut'. in the third ward, is changed to Cherokee avenue. Sec. IKil. The name of Railroad aveime, from junction of White- hall and Peters street to Gordon avenue, is changed to Whitehall street. Lyon avenue. C'hange name of streets. Feb. IS, 18!)2. Hemphill ave April 13, 1892. April 21, 1892. Porter Place. April 7, 1899. Gaskell street. April 21, 1892. Auburn avenue. April 21, 1893. Madison street. April 17, 1893. Kingsley street Mav 3, 1893. Cattle Hill avenue. June 3, 1893. June 4, 1891. June 22, 1891. Whitehall Place. March 21, 1894. March 7, 1894. McPherson avenue. Feb. 22, 1894. Sept. 6, 1894. March 7, 1894. Madison avenue changed to Cherokee ave Aug. 8, 189.5. To cliange the name of Rail- road avenue. Oct. 8, ]897. Part III. — Ordixaxces. 291 Sec. 116-^. The name of Glynn street is changed to Olenwood ^ha^-^gin? ,,p Glynn street a\enue. ^^^^ ig_ ig97 Sec. 1163. Whereas, Joseph Gatins, and a number of otlicr citi-^^ change the zens, living and owning property on Jenkins street, petition for change {l^^^g^^^g/j^"^' of the name of that street ; and whereas, the Mayor and General Coun- Xov. is, isqt. cil deem it fitting to grant such request: the name of Jenkins street, from Piedmont avenue to Pratt street, is changed to Armstrong street. Sec. 116-1. The name of that portion of Butler street, lying ^oj^i^ange^t^he between Capitol avenue and Hunter street, is hereby changed to Cen- g/reet"^'^ tral Place. xov. 3, isy-. Sec. 1165. It shall be unlawful for any person to write, print, paint, or paste any letter or letters, or other advertising device, upon the on sidewalks'^' sidewalks of the City of Atlanta, or upon the walls, windows, doors prohibited, or fence of another without the consent of the owner. Any person Dec. 3, isss. violating this ordinance shall, on conviction before the Recorder's Court, be fined not exceeding one hundred dollars, or be imprisoned not exceeding thirty da3's, either or both, in the discretion of the court. Sec. 1166. Blackman street, from Forest avenue to Jackson street. Summit ave. js changed to Summit avenue. Morris street from Jackson street to East avenue, city limits is changed to East avenue. •^''"- -^' ^^^^• Sec. 1167. Peters street from Forsyth east to junction with Fair^^j^it,. avenue. is changed to Trinity avenue. March 5, i89i. Sec. 1168. The brick sidewalks on Ponce de Leon avenue shall beponce de Leon laid so as to leave a grass plat of four feet between the brick and curb- wa1ks.^~^^ ^ iuo-. Sept. 17, 1890. Sec. 1169. jSTo person shall excavate anv street for the purpose of ^ " r r Excavations laying sewer, gas, or water pipes, or for any other purpose, until said— bond requir- person shall have executed a bond with good security, to be approved ., by the Commissioner of Public Works, conditioned to pay the City of J^tlanta any damage it may sustain by reason of said excavation. Sec. 1170. All parties who enter the streets and sidewalks of the ^j^^^ ^^^ ^^^^^ city for the purpose of laying pipe of any description, and who have an gJ^J^g^^^J, f^^^' occasion to cut through the curbstone, are hereby required to cut a p'p^^- circular hole the size or dimension of the pipe through the curbstone, °'^*- ®' ^^^■ and on failure to comply with this ordinance that they be fined in a sum not less than twenty-five dollars nor more than one hundred dol- lars, or imprisonment for not more than thirty days, either or both, in the discretion of the Recorder's Court. Sec. 1171. The employes of the Water Commissioners shall be connections permitted to open the streets of the city for the purpose of making con- maL^^*" nections with the water mains, repairing broken pipes and for doing any other work necessary for the efficiency of the waterworks, and the security of its property and appliances, without getting a permit from the City Engineer or the Commissioner of Public Works, but subject, nevertheless, to all the regulations prescribed in this ordinance. 292 Part III. — Ordixaxces. Sec. 11T"2. For evory opening necessary to be made in any street, paved or unpaved, a certificate shall issue and be signed by the sec- retary or superintendent of the waterworks, which shall show that the person doing the work is an employe of the Waterworks Department and is authorized to do the particular work upon which he is engaged. Such a certificate shall be necessary and sufficient for the protection of the workman in the case of each opening made. Sec. 1173. The workman in charge of each opening shall notify the Chief or Acting Chief of the Fire Department of such opening, which is not to be closed before night, by two (2) o'clock p. m., daily, and shall also see to it that every such opening is properly protected by lights at night to prevent injuries to persons or property of persons traveling the street. Sec. 1174. The workman in charge of any such opening at which his work is completed may relieve himself and the Waterworks Depart- ment from responsibiblity therefor by notifying the Commissioner of Public Works in writing by two (2) o'clock p. m., of the existence, lo- cation and character of such opening, and that it is ready for refilling, and it shall then be the duty of the said Commissioner to refill the same, and until it is refilled to give the Fire Department notice cf its existence and location, and also to have the necessary lights placed and kept in position at such openings. Sec. 1175. Any person found by the officers or members of the police force removing the belgian blocks, rubble, macadam or sand or earth from the streets or sidewalks without a permit from the Commis- sioner of Public Works or a certificate from the water office, as provided for by this ordinance, shall be arrested, and upon conviction shall be punished by fine of not more than one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the Recorder's Court, and any person violating any other provision of this ordinance shall be subject to the same punishment herein stated. Sec. 1176. It shall be the duty of all persons doing any kind of work on the streets of this city, such as paving, laying sewers, side- Fire " Depart- walks and curbing, moving buildings, or any other work that in any in streets. way obstructs the free passage of the same, to notify the Chief of the Fire Department of the same before such work is commenced and on the completion of the same. Sec. 1177. A violation of this ordinance shall be punished, upon conviction before the Recorder's Court, by a fine of not over one hun- Penaltv. , . \ i , i dred dollars, or imprisonment for thirty days, or both. the ORDIXAXCE for GRAXITE block PAVIXG AXD CURBIXG. Sec. 1178. The proposition of Yenable Brothers for furnishing and laying curbing for said city for the five years of 1891, 1802, 1893, 1894 and 1895, and for furnishing and laying graiiite l)locks for said Part III. — Ordinances. 293 city for the term of five years, commencing with the expiration of the venawe 'bV' present contract between the city and S. H. Venable for said granite ^"^••^ ^^'^*»;;| bloclv paving work— being for tlie years 1892, 1893, 1894, 1895 and ^g^g^P^^f -f^"- 1896, besides the year 1891, as hereinafter provided for— is accepted '"'='"^*^«- as follows :' Sec. 1179. The price to be paid for furnishing and laying granite p^ce of curb- curbing, nnder specifications as heretofore furnished and laid in the [,"f uneli%ot. City of Atlanta is thirty-five cents per lineal foot; and said Venable Brothers are to allow the owners of abutting property the privilege of frs^maTpaTaii paying for the furnishing and laying of said curbing, at the option of ^^^'j. "^'Jh ?nd such owners, as follows: Twenty-five per cent, in cash within thirty I'f'and^' years (30) days after the completion of the work and presentation of bill for^^ent. Vterest. the same, and twenty-five per cent, each year for three years thereafter, with interest at seven per cent, per annum on all such deferred pay- Granite blocks ments until paid. The price to be paid said Venable Brothers for fj^ar^* Pfrd. furnishing and laying said granite block pavement, under the specifica- tions now of force with reference to such granite block paving in At- city to pay lanta, is $1,493/4 per square yard; and said Venable Brothers are to re- oi\osToi pav- ceive from the city the one-third, or amount to be paid directly by the and To If ' city, under the present laws, in cash on estimates as the work progress- companies. ' es,,and on final estimates. Said Venable Brothers shall allow abutting nronertv owners to pay their proportion as follows, at their option : But abutting tL r. , . 1 •,, • ,1 • ^ 1 £1. ^i_ 1 • owners to '- Twenty-five per cent, m cash withm thirty days after the work is com- same opt pleted and the presentation of bills for the same, and twenty-five per curWng! cent, each year for three years thereafter, with interest at seven per cent, per annum on all such deferred payments until paid; provided, that in the matter of curbing and granite block paving, the abutting property owners shall have the privilege of paying all cash within thirty days after the completion of the work, and presentation of bill for the same, should any such property owner so prefer. Sec. 1180. Until legislation by charter amendment is obtained authorizing the City of Atlanta to transfer to the contractors for the to be transferr- , ., 1 T 1 -J! 11 J.- 1 e'l to eontrac- work all bills for curbing and granite block paving for collection by tors wiio re- •,.,-. ^ • 1 • T L 1 o TT lease the city such contractors, and on the installment basis as above indicated, S. M. and look only , . -.to abutters. Venable, who is the present contractor for granite block paving, and Venables Brothers, hereby agree to take from the city the amount of all such curbing and granite block paving bills after /?. fa. has been is- sued for the same, and take a transfer of all such /i. fas. under the pres- ent law authorizing the same, and then allow the abutting property owner thirty days after the presentation of such fi. fa. within which to make a payment of twenty-five per cent, on the same, or to pay the whole of such fi. fa. should such property owner so prefer. Sec. 1181. But said Venable Brothers shall give to such property owner the right to pay such fi. fa., or the amount thereof, by paying owners to have same option as in case of The contract has expired, but the matter is retained because some of the work has not been paid for. 294 Part III. — Ordinances. Option of prop- twentj-five per cent, of the same, within the time after presentation pa/ cair or ^° °^ ^^^^ Same, as above provided, in cash, and to pay twenty-five per cent. installments, ^f ^j^g g^j^g f^j. ggp|-^ q£ ^j^g ^-j-^j-gg years thereafter, at seven per cent, interest per annum on all such deferred payments, and said city shall in no event be liable to either S. H. Venable or to Venable Brothers for bills or fi. fas. against property owners or street railroads or street railroad companies. Sec. 1182. Until such legislation as is desired by said city as above City not liable indicated can be obtained, the usual and ordinary machinery of said owner's'^pro- ^'ity Government provided by law in cases of transfer of fi. fas., shall '"'''*''" be afforded said Venable Brothers, as to all fi. fas. which they shall pay off and take a transfer of as above stated. But said city shall in no event be liable on any such fi. fa. after the same has been transferred to said Venable Brothers, or to S. H. Venable. Sec. 1183. Should the desired legislation be obtained, then the Machinery of usual and Ordinary machinery of the City Government as may be brus"d"by^con- reasonably and legally provided in such new legislation, shall be cotiectTng" afforded said Venable Brothers in all matters relating to the collection bill"! ^etc. of their bills against property owners for curbing and granite block paving, but said city shall in no event be lialjle on or for any such bill for the proportion of property owners for either curbing or granite block paving; but said Venable Brothers and S. H. Venable shall look solely to such property owners for the same, and to any lien in their favor on abutting property. And all provisions in the contract to be not to share' of entered into providing for transfer of fi. fas. to said Venable Brothers, stTiimfnt"pay- and to transfer of curbing and paving bills to them shall apply to fi. fas. and bills against street railroads and street railroad companies^ the same as in cases of abutting property owners in all respects, except as to payment by installments as to street railroads and street railroad companies. Sec. 1184. S. H. Venable, who has the present contract with said s. H. Venable city for grauitc block paving, and who is a member of the firm of to mersfc ex- isting contract Vcuablc Brothers, with whom the city is now contracting, is also to inff in this cm- coutract and agree that all work heretofore done the present year, or that may be hereafter done under said granite block paving contract with him during the present year shall be considered and treated as done under this contract, so far as relates to payment by installments, and transfer of fi. fas., except as hereinafter provided. Sec. 1185. Should the city obtain the legislation whicli it desires for making the payment for granite curbing and granite pavement be obtained by installments more efficient, said city will endeavor to obtain the to make in- "^ ^ ./ staiment pay- same in substancc as indicated herein, but without further specifying ments eflftcient. i in detail as to the same, and in such legislation will endeavor to have enacted a reservation to the contractor or contractors taking the bills for such work, and looking only to the abutting property and abutting Pakt III. — Ordixances. 295 property owners, and to street railroads and street railroad companies ^^^ ^^ p^^. for payment, the continuance of lien on such abutting property and 'oJi^pavhf-.'lTc. such street railroads and street railroad companies, in favor of such 1°^^^'' contrac- contractor or contractors, the same as now exists by law in favor of said city, except that installment payments shall not apply to street railroads. Sec. 118G. The City of Atlanta, in this agreement, expressly re- city may put serves the right, directly or through its own officers and agents, to lay ki'nS of curb- curbing and street pavements out of any other or different materials -directfvT/ to those hereinabove provided for, or to contract with others for laying ^^ t^^itrac . such other and different pavements. Sec. 1187. If legislation is obtained making it applicable in such instalments to cases, then payments by installments shall apply to all bills for curb- clb^e^o'' bm^ '' ing and granite block pavement as to abutting property owners for alCransferred. curbing and granite block paving done in 1891, whether fi. fa. has been issued for the same, or whether the bills or accounts for the same are still open, without having been carried to fi. fa. Sec. 1188. Said Venable Brothers shall execute to the City of Bond to be ^ -, iT-i T ■ , , 1 iiiAr ■j_i ?iven for $100,- Atlanta bond, with good security, to be approved by the .Mayor, m the ooo. sum of $100,000.00, for the faithful carrying out of their contract for furnishing and laying curbing, and for furnishing and laying granite block pavement, in accordance with the contract and agreement for the same. Sec. 1189. The Mavor of the citv is herebv authorized and directed Contract to be made by the to execute for and in behalf of said city a contract in accordance wnth Mayor, by "^ Venable Bros. the foregoing provisions with said Venable Brothers, and said S. H. and by s. h. '^ " ^ Venable. Tenable shall also, in writing, sign said contract, before the same shall have any force or effect. Sec. 1190. Xo one, whether abutting property owners or others,^ . ,,. ' & I 1 , ;■ Sprinkling as- shall be allowed to sprinkle or throw water upon any street in the City phait streets, of Atlanta paved with asphalt, except as authorized by the Board of ^'o^- «. i^os. Health. Sec. 1191. Any one convicted of violating the above section shall be fined not more than ten and not less than one dollar for each offense, upon conviction in the Eecorder's Court. Sec. 1192. It shall be unlawful for any one to erect anv permanent ^ , •' -^ ^ Encroacli- obstructi on in, upon or below the streets or sidewalks of said citv. "T'* „"p°'^ ' '- ^ sidewalks pro- That no windows, steps or other such obstruction shall be put in any ^^'^i"*^- building so as to extend in or upon any sidewalk or street in said city^"^- -^' ^^^^• or overhang the same. Xo step shall be constructed from a cellar up to the sidewalk, where the same extends out upon the sidewalk. Any party in building or repairing, or adding to a building in said city, desiring to build a bay window over the sidewalk, or to erect steps from a cellar up to and upon the sidew^alk, to be protected by iron bars or railing; or to excavate and use space under sidewalk, shall obtain 296 Part III. — Ordinances. permission from the Mayor and General Council. The petition ask- ing for such privilege shall set out fully the plan of the building, the use intended therefor and the reasons for said obstruction desired. Sec. 1193. Any person violating this ordinance shall, upon con- Penaity. victiou thereof before the Eecorder's Court of said city, be fined in a Nov. 21, 1894. g^^j^^ j^Q^ jggg than five dollars nor more than five hundred dollars, or be imprisoned not exceeding thirty (30) days. Said party shall also remove said obstruction instanter, and failing to do so, shall be liable to be punished as aforesaid for each day said obstruction is allowed to stand. This ordinance shall not in anywise interfere with the right ot:' the city to tear the same down, as now exists. Sec. 119-1. It shall be unlawful for any person to leave on the usVmust be strccts any vehicle not then in actual use, without written consent of kept off streets ^^^^^ ^^^ Chiefs of Fire and Police Departments. Any person con- victed of violating this ordinance shall pay a fine of not less than one dollar nor more than one hundred dollars, in the discretion of tlie Recorder's Court. Bootblacks ^^^- 1195- Every person who desires to engage in the business of A rii 5 1803 blacking, oiling or shining boots and shoes on the streets of Atlanta shall register his name with the Chief of Police in a book to be kept by him for said purpose. It shall be the duty of the Chief of Police chie^f^^of ^Police j-q assigu each person certain space on the streets within which they shall work, exercising discretion when he shall change their places in order to give a fair and equal opportunity to each. Any person fail- Penaity. |j^g ^^ register with the Chief, or failing to obey the orders of the Chief, given under the provisions of this ordinance, shall be fined not less than one nor more than ten dollars, or imprisoned not less than one nor more than ten days. Sec. 1196. It shall be unlawful for any person to ride a bicycle or Bicycles. velocipede upon any of the sidewalks within the city limits of Atlanta. Must not ride Sec. 1197. All pcrsous riding bicycles are required to have gongs on sidewalks. ^^ ^^^^^ ^^ ^^^.^ machiucs, and they are required when approndiing street crossings to ring said gongs or bells so that sufficient warning may be given to persons of their presence. Sec. 1198. It shall be unlawful for any person riding a ))ieych' in Ring bell at tfie City of Atlanta to make a greater rate of speed than six mi Irs an street crossings •' j_ • t j. • i i • hour within the fire limits, and ten miles an hour outside ot saul lim- its. Any person violating this ordinance shall be punished, on convic- tion thereof, by fine not exceeding one hundred dollars or imprison- ment not exceeding thirty days, eitlier or l)oth, in the discreticm of tlie Recorder's Court. Sec. 1199. It shall bo unlawful for any person riding a hicyclr in KiiefpeJ^"" the City of Atlanta to run between street cars when passing each othci', ''°"'"- or to run in front of a moving car within less than fifty feet of the Part III. — Ordixaxces. 2'>7 car, wliether for the purpose of crossing the car tracks or of using the portion of the street between the rails. Sec. 1200. In all cases of injuries to persons on the streets, result- ing from the collision between the person so injured and a bicycle, pre- ^^^^^^^^ ^^^^^ sumption shall be that such injury was the result of negligence or of a violation of this ordinance on the part of the rider of the bicycle, which presumption may be rebutted by evidence. Sec. 1201. Xo person shall use roller skates for the purpose of R^iier skates, skating upon any of the streets or sidewalks of said City of Atlanta. ^'''• Sec. 1202. Any person violating this ordinance shall be fined not jyjy g^ iggg more than twenty-five dollars, or imprisoned not more than thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 1203. The grade of Park street, between Lee street and Ashby Filing enade street shall be changed to conform to the red line shown on profile ° hereto attached, and this grade be adopted as the permanent grade of "^ ' '' the street, and that the Commissioner of Public Works be directed to regrade the street to conform to this profile at a cost not exceeding $400.00, to be taken from the streets ordinary fund. Sec. 1204. Whereas, The construction of the bridge, or viaduct, on Mitchell street, between Madison avenue and Elliott street, will throw out of use as a street that portion of Markham street between Elliott street and the railroad tracks of the Southern Railway Com- pany lying east of Elliott street ; and Whereas^ The Southern Eailway Company owns the land on lj(jth sides of that portion of Markham street so thrown out of use ; and Whereas, The construction of said viaduct or bridge renders it im- portant to widen Elliott street between Chapel street and Mitchell street ; therefore : Sec. 1205. His Honor the Mayor he, and he is, hereby authorized and directed to convev the land included within the limits of that por- Ordinance con- " ^ veymg part of tion of ilarkham street, between a point twenty feet east of the pres- ^^'^'^g'^^i? ^4"^^^*^ ent eastern line of Elliott street and the tracks of the Southern Eail- '■'^'i^'ay- way Company, to the Southern Railway Company in exchange for a strip of land twenty feet wide lying at the east side of Elliott street, as now defined and extending to that width from the north side of Chapel street to the south side of Mitchell street, so as to add twenty gjij^j^t ^^^^^ feet to the width of Elliott street on its east side from Chapel street ^"^ened. to Mitchell street. Sec. 1206. Be it further ordained by the authority aforesaid, That on the execution of said contract of exchange of these properties, the ^^^- ^^' ^^^^■ City of Atlanta and said Southern Railway Company, that portion of Markham street so conveyed to the Southern Railway Company in ex- change, as aforesaid, shall be vacated as a street. Sec. 1207. It shall be unlawful for any person or persons, firm or firms, corporation or corporations, to make excavations or place build- 298 Part III. — Ordinances. Building mate- rial not to oc- gL^ ^]^g same time, unless authority of the Mayor and General Council cupy both sides ' of any street. ]^q obtained. Any person, firm or corporation violating the terms of Oct. 7, 1S98. ^jjjg section shall, on conyiction, be punished by fine not exceeding one Penalty. hundred dollars, or imprisonment not exceeding thirty days, in the discretion of the Eecorder's Court. Sec. 1208. Xo ^vork shall be done Ijy the city on private property Private prop- abutting ou street ^yhich has been graded by the city, unless the same gradeTVher'e'^ is douc in Settlement of all claims for damages on account of said ae^Js'"on°ac^'''" grading, except that the Commissioner of Public Works may cut or g?ading°* ^*'"'"'* arrange steps at the owner's request for ingress or egress into or from said property. Sec. 1209. When work is done in settlement of any claim for dam- ages, it must be done on the written request of the owner, wdiich shall miist'be'ln'^se^ show what is to bc doue and that it will be accepted when done in set- tlement of claims. tlement of any claim for damages on account of grading of the street upon which the property abuts. Sec. 1210. On the completion of the work, a release shall l)e drawn Release from by the City Attorney, signed by the property owner for whom the work fiiel" with '"" was done, which request for the work and release shall be filed in Comptroller. Comptroller's office. Sec. 1210(a). The Comptroller shall keep a book in which shall Comptroller bc entered, in alphabetical order, the names of all parties for whom showin'^ die"" work is done, and the amount of work done, the place where it is done work done. , ., . „ . , and the amount oi money paid. Sec. 1210(b). The Comptroller shall also enter in such l)ook in to' be'^ente^ed" like manner the names, date and the amount paid by the city in all set- troiier'^inT'^ mcnts uiadc by the city on account of damages for grading streets and book. . . . . ' , . Feb. 25, 1898. iiijuries to porsoii or property. Sec. 1211. The present grade of that portion of Marietta street Grade of part upou whicli the property of Dr. Abner W. Calhoun, between iMu-sytli street. and Spring streets, abuts, be, and the same is, hereby fixed as the ])t.'r- Aug. 19, 1S98. manent grade of that portion of said street. Sec. 1212. It shall be the duty of the Commissioner of Puhlie Works, wheneyer any belgian blocks or other ])aying material laid in New sand to ' , . . . be used in re- sand is taken up, to permit the laying of water pipes, sewer pipes, gas placing paving i^i ^ ^ ± x materials. pipes, coiiduits or othcr underground structures, or for the purpose oi Sept. 23, 1808. buiidiiig, repairing or rebuilding street railway tracks, or for any other purpose, to use or to require the use of new sand. Any person or cor- poration violating the provisions of this ordinance shall be fined not Penalty. r o i • i exceeding the sum of one hundred ($100.00) dollars, or be imprisoned not exceeding thirty days, either or both, in the discretion of the Re- corder's Court. Sec. 1212 {(i). Any person or corporation who shall take up i>i' opea the pavement, or any portion thereof, of any street, shall pay the Part III. — Ordinaxces. 299 Inspector appointed by the city to inspect the repaying of the same, ^j^jzens open- the sum of three cloUars per day for the time occupied in repaying said^"^g^P*^™^^^ portion of the street payement so removed or opened. The provisions °lj.^'^^' Ji^spec- of this ordinance not to apply to work done by the city employes for ^^^^ ^^^ jg^g which other parties pay. CHAPTER XXXII. SEWERS, PERMITS, ETC. Section. 1213. Authority to construct sewers. 1214. Damages to private property. 1215. Tapping and connections regulated. 1216. Connections in discretion of Council. 1217. Must be kept in order by occupants of premises. 1218. Putting down sewer or gas pipes. 1219. E.xcavating in streets regulated. 1220. How refilled and replacing of improve- ments. 1221. Penalty for work without permit, etc. 1222. Record of permits kept by Engineer. 1223. Duties of police in this matter. 1224. Earth replaced must be puddled and packed. 1225. Mains and pipes 314 feet below sur- face. 1226. Commissioner Public Works to restore fences removed in grading. 1226 (a). Lay drain pipes. 1227. System of sewers provided for. 1228. Sewers laid under Act November S, 1889. 1229. Assesses 70 cents lineal foot on abutting property. 1230. Material, etc., in discretion of Council. Section. 1231. Cost above assessment paid out of ap- propriation. 1232. Time and manner of connections con- trolled. 1233. Damages to private property — how as- certained. 1234. Assessors provided for. 1235. Deduction in case of corner lots when both fronts are laid. 1236. Assessment a lien upon property. 1237. Notice given before laying sewer. 1238. All sewers to be constructed under this ordinance. 1239. Old culverts abandoned — new sewers used. 1240-1241. Connections — when and how made. 1242-1244. Sewer, gas, etc., connections on Peachtree street. 1245-1246. Sewer, gas and water pipe con- nections on Forsyth street. 1247. Gas and water connections on North avenue. 1248. Gas and water connections on Washing- ton street. 1249. Penaltj' for failure to use new sewers. 1250. Connections — when made. 1251. Si.x months allowed. Sectiox 1-213. The Mayor and General Council shall have full pow- ..... er and authority to lay down sewers and drains in said citv, and assess t|»e Mayor and •■ -^ . ' Council to the amount of the cost of laying and constructing the same upon the construct sew- real estate abutting on streets through and along which sewers and drains may be placed and constructed, and upon any real estate through or upon which the same may be constructed or placed. All work of laying down or constructing .sewers and drains shall be done under the direction and supervision of the Commissioner of Public Works and City Engineer. The City Engineer shall furnish to the Mayor and General Council information and advice as to the necessi- ties of any parcicular locality for sewerage, the kind of sewerage that may be desirable, with estimates of the cost of the same, and shall fur- nish plans and profiles and such other like work as may be necessary and proper. Amounts of assessments on real estate for constructing sewers may he collected by execution, levy and sale as in street assess- ments. 300 Part III. — Ordinances. with sewers. Aug. 6, 1877. Sec. 1214. The Mayor and General Council are hereby authorized Damage to^pri- ^q construct and lay down sewers through property in said city ; pro- a^Llvvs al""" ''^'^^ed, that before doing so, any damage done to private property condemnation thereby shall be ascertained and paid; In order to ascertain the amount thereof, assessors shall be appointed, who shall act and report as in cases of opening streets in said city, and from whose award either party may appeal to the Superior Court of Fulton county within four days. Sec. 1215. It shall not be lawful for any person to tap or make Jonni?t1ng^"^ conncctioH with any sewer in the City of Atlanta, for any purpose whatsoever, except by permission of the Mayor and General Council, and upon complying with the following terms and conditions : When- Nov. 21, 1881. g^g^ ^ connection is made with any such sewer it must be done under the direction and supervision of the City Engineer ; and the person or persons at whose instance the connection may be made shall l3e liable for any damage resulting therefrom, and shall replace the street and sidewalk along and through which such connection is made, in as good condition as it was before the work was commenced, and shall pay to the city such an amount in proportion to the whole cost of the sewer to which he connects, as the frontage of the lot l)ears to the double length of such city sewer. Sec. 1216. Permission to connect with such sewer or sewers may, Permission to in the discretion of the Mayor and General Council, be confi'ned to such character and kind of water and other deposits as in their judg- ment is necessary and proper, considering the locality and size of the sewer. The application must set forth fully the size and character of the sewer which is to be put down, the point or points at which con- nections are to be made with the city sewer, and the purpose for which the sewer is to be used. Sec. 1217. The occupant or occupants of premises from whieli any such connection is made shall be bound at his, her or their own ex])ense connect discre- tionary. Must be kept to keep sucli Connection in good order. Anv person or persons who in good order. , ,, , . . , c -t • , ^ shall make connections with any sewer ot said city, except by pei'iiiis- sion as aforesaid, or who after permission shall fail to perform, or \ io- late any of the terms and conditions of such permission, or shall fail Penalty. to kocp such counectiou in good order, shall, upon conviction tlu'i'cof before the Eecorder's Court, be fined in a sum not to exceed nnv hun- dred dollars, or be imprisoned not to exceed thirty days, or eilluT or . both, in the discretion of the court. Sec. 1218. Any person who desires to excavate any sti'ct't, to any extent, for the purpose of laying sewer or gas pipes, or for any other purpose, shall get permission in writing from the City Engineer, who shall specify the streets and ])()rtions tlun-eof which are to be so exca- vated, and the length of time for which such permission is granted. During tlie time such work is progressing lighted lanterns shall be Putting down sewers or gas pipe. May 17, 1880. Part III. — Okdixances. 301 placed, at night, on either end of said excavation, and any piles of dirt or material. The top soil and rock, if any, shall be carefully kept apart from the clay or lower earth, and shall be replaced in as good condition as the same was before, or to the satisfaction of the En- gineer. Any person or persons violating this section, or any part thereof, shall, on conviction, be fined not more than one hundred dol- Penalty, lars, or imprisoned not more than thirty days, in the discretion of the Recorder's Court. Sec. 1219. Any person who may desire to excavate any street Excavatii.sr in which has been permanently improved, for the purpose of laying fated!^ '^''^' sewer, gas or water pipes, or for any other purpose, shall first apply and obtain permission from the Commissioner of Public Works, and , ^ . . n -r. 1 T ITT 1 1 • i.1 Permits to be deposit w^th the Commissioner of Public Works such sum as, m the obtained. Judgment of such Commissioner, shall be sufficient to cover the cost of replacing said permanent improvement, the surplus, if any, to be returned when work is completed; who shall specify in writing the streets and portions thereof which are to be excavated, and the length of time for which such permission is granted, and any person who shall remove any permanent improvement upon such streets without first having obtained such permission, shall, upon conviction thereof, be fined not more than one hundred dollars, or imprisoned not more than thirty days, in the discretion of the Eecorder's Court. Sec. 1220. All permanent improvements wdiich may be removed, ^ ^ and all excavations which may be made as aforesaid, shall be refilled and replacing •' improvements and replaced by the Commissioner of Public Works, and all debris removed by said Commissioner, and the entire cost of such work shall be collected out of the person to whom such permit has been granted, and shall be, by such Commissioner, paid over to the City Treasurer, and by him conveyed into the City Treasury. In order that such work shall be done expeditiously, it shall be the duty of the person to whom such permit is granted to notify the Commissioner of Public Works Penalty, when the work of repair can commence, and until such notification has been given, all obligations to protect excavations, etc., shall rest upon the person to whom the permit has been granted. Sec. 1221. When a permit is revoked as above provided, or any per- ^^^ . ^gg. son shall fail to do any of the work above specified, in the manner pro- vided in this ordinance, or who shall fail, on notice from the City En- gineer, to repair defective work within the time specified in the notice, no other permit shall thereafter be granted such party by the Com- missioner of Pu])lic Works, but only by the Mayor and General Coun- cil of said city, on application therefor, Avhich application may, in the discretion of said body, be granted or refused, and such person so fail- ing to do said work, and in the manner as above provided, or who shall do any such work without the permit hereinabove provided, shall, on conviction thereof, for each offense be fined not exceeding one 302 Part III. — Ordinances. liuiulred dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the Recorder's Court, molai^and It ^^^- ^^^^^ ^^^^ ^^^J Engineer shall keep a book in which he shall nenfltreet™^ record the name of the party to whom the permit is granted and the improvements ([ate etc Sec. 1223. It shall be the duty of the Police Department to en- in"\'hL°mat!e? ^orce said ordinance by causing the apprehension and prosecution of May 3 1886 '^^^ violators of its provisious, and it is hereby made the duty of any person, who may be removing or about to remove any permanent street improvement, to exhibit to any officer of the police or to any policeman the permit from the City Engineer to make such removal, when called upon to do so, if it is claimed by any person that such per- mit has been granted. A failure to exhibit such permit when so called upon, shall subject the offender, on conviction thereof, to fine not exceeding one hundred dollars, or imprisonment not longer than thirty days. All ordinances in conflict with the foregoing are hereby repealed. 8ec. 1224. It shall be the duty of the Commissioner of Public Works, in replacing any earth removed, as aforesaid, to have the same mu'sV' be''''pucr' property puddled and packed before the permanent improvements are di^ed and pack- j.gpjggg^^ thcreou, and to require every portion of the work referred to Jan. 16, 1S88. in this Ordinance, including the replacement of permanent improv- ments, to be done by skilled workmen. Sec. 1225. All gas mains to be laid three feet below the surface of the street, and that all water pipes be laid three and one-half feet below Gas mains, water and sew er pipes — h laid ' the surface; and all sewer pipes to be laid four feet. below the surface, where it is necessary to lay such pipes. May 7, 18SS. Commissioner Sec. 1226. It shall be the duty of the Commissioner of Public restore fences Works to rcstorc all fcuccs rcuiovcd by the street force in grading lots srrading. as soou as practicable after such removal. Sec. 1226 (a). It shall likewise be the duty of said Commissioner Lay draia of Public Works to lay drain pipes under fills made in the streets in front of lots in all cases where said fills will cause water to pond and May 19, 1896. stand on such lots. Sec. 1227. Whereas, The Sanitary Consulting Engineer, hereto- system of sew- fore engaged by said city, and the City Engineer of said city, both ers provided o o .' .^ . tj ^ .. for. advised the Mayor and General Council, prior to the introduction and passage of Act hereafter referred to, amending the charter of said city, relating to the construction of sewers by said city, that a proi)er and necessary system of sewerage for said city would cost on an aver- age from four dollars to four dollars and fifty cents per lineal foot of said sewerage, small lines of sewers costing less and large lines costing more than said average, and it so appearing; and, whereas, the simill lines costing less than said average, are dependent u])on and drain into the large lines or sewers costing more than said average; and Part III. — Okdixaxces. 303 ^\■llL■^ea.-, .sewerage benefits the real estate in front of which and through which it is laid or constructed, and also benefits the general public of said city; and whereas, an assessment of seventy cents per lineal foot on the real estate abutting on a sewer on each side of a .-treet in which a sewer is laid dr constructed; and an assessment of seventy cents per lineal foot on the real estate abutting on each side of a sewer laid or constructed through private property will realize an average of one dollar and forty cents per lineal foot of sewerage laid or constructed, less deductions for exemptions at street corners, which is less than one-half of the whole average cost ; and whereas, the remain- ing cost of more than one-half thereof will be paid from the City Treasury from appropriations for sewers ; therefore, be it ordained : Sec. 1228. All sewers laid or constructed by said city shall be laid or constructed under and in accordance with the Act of the Gen- undirAct*^ eral Assembly of Georgia, amending the charter of said citv. approved ' "^^ ' Xovember, 1889. Sec. 1229. In all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of seventy cents per per iineai foot lineal foot shall be assessed upon the property and estates respectively aiessed against abutting on said sewer, on each side of said street, on which said sewer ers. is laid or constructed, and in consideration of the payment of said assessment, the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sew- erage into said sewer, and in case anv sucn sewer is laid down or con- Privilege of structed through or over anv private propertv along the course of anv abutters to - >- i- >■ - o . connect. natural drain or otherwise, a like sum of seventy cents shall be assessed upon said property abutting on each side of said sewer for every lineal foot, making in all one dollar and forty cents for every lineal foot to be assessed upon such property through which sewers are constructed as aforesaid, and in consideration of the payment of said assessment, the owners of said estate respectively on each side of said sewer, through or over which such sewer shall be constructed, shall have the right to connect their drains from said abutting prop- erty for the discharge of sewerage into said sewer. Sec. 1230. The extent and character, material used, and expense of sewers constructed, as well as the time and manner of constructing the i^^'dlscM-etion'^'of same, shall be in the discretion of the Mayor and General Council of ^''"''"^• said city, to be prescribed from time to time by ordinances and upon like notice and in the same manner, and the assessment laid and en- forced by execution, levy, sale and otherwise, as in case of ordinances and assessments for paving streets in said city, except that sewers hereby authorized may be constructed with or without petition by property owners when in the judgment and discretion of the Mayor and General Council the public health and good of the city shall so require. 304 Part III. — Ordinances. Under govern- ment of Conn cil as to time Sec. 1231. The remaining cost of sewers not thus assessed shall be a^°aTnst assess^ P^^*^ °^^ ^^ ^^® sewer appropriations for the year ; provided, that the ments. defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution is issued, and stat- ing what amount he admits to he due, which amount so admitted to be due, shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of Fulton county, and there tried and the issue determined as in cases of illegality, subject to all pains and penalties provided in cases of illegality for delay. Sec. 1232. For the preservation of all sewers in said city for the public use and easement aforesaid, said Ma3^or and General Council shall have the authority to direct and control the time and manner in conn^tro"ns. "^ which councction shall be' made with such sewers, and by whom tlie work is to be done, and upon what terms and conditions, and at what point and to what extent surface water or drainage shall be permitted to flow into sewers, and generally all matters relating to the use and control and repairs of sewers and sewer connection, and replacing of paving and other adjacent structures in good condition, shall be at all times under the regulation and control of the said j\Iayor and General Council in its fair and legal discretion. Sec. 1233. In case of any sewer or sewers or parts of the sewers Damages of being built or laid over or through private property, if the owner of er— how as"'" such property claim damages for the occupation of said lands by such cer aine . gewcr and construction of the same thereon, such owner may, within thirty days after the adoption of an ordinance for the construction of the same thereon, give notice of such claim, but a failure to give notice of such claim shall in no wise afEect or prejudice the right of such owner to bring suit for damages sustained. Sec. 1234. But on giving notice of such claim of damages, as aforesaid, assessors shall be appointed to assess damages to said land pointed, but by reason or on account of the construction of any such sewer through Law on the or upon the same. Said assessors to be appointed, notice given, and subject of con- ,.-^ __ ^ . „ ..ic • -i- demnation. their award made as m cases of property taken tor opening, widening or straightening streets under the charter and laws of said city. Sec. 1235. In the case of real estate situated on street corners, and having frontage on two streets, the owner and real estate thus situated Corner lots to " ° have deduc- shall bc asscssed bv this Act provided for the frontage on the street tion, when. "^ ^ • n • i i i in which a sewer is first laid^, and where a sewer is laid on the otliei- street seventy-five feet of frontage shall be exempt from assessment on the owner and real estate for the last named sewer. Sec. 1236. The amount of such assessment for sewers on each aTiM/'on"*"'""^ piece of real estate shall be a lien on said real estate from the date of property. j^q passagc of tlic Ordinance ])roviding for tlie work and making the assessment. Part III. — Ordinances. 305 Sec. 1237. The construction of all sewers under this ordinance ^^^.^^ ^^ ^.^^^ shall be provided for by ordinance. After the first reading of an ^^^"^.^j^'^j^^ "^^ ordinance for the construction of a sewer a notice of the introduction P"W'shcd. of the same shall be published in one or more of the daily papers of the city. Such notice shall contain a statement of the line along which the proposed sewer is to be laid, and a statement of the general character, material and size of such sewer, and said notice shall be published at least as many as ten days before the adoption of said ordi- nance, and said ordinance may be adopted at the next meeting after the introduction or at any subsequent meeting after said notice has been published. Substantial compliance with the above requirements as to notice shall be sufficient. Sec. 1238. The foregoing ordinance and provisions thereof arc to au sewers to apply and have reference to, and be construed in connection with each this ordinance, ordinance hereafter passed, for laying or constructing a sewer l)y or under the authority of said city. Sec. 1239. The Board of Health of the City of Atlanta is herebv • 1 • 1 J? ."In ea^e of authorized to require the owners or agents m charge ox property m abandoned cui- front of which new sewers are built, to take the place of old culverts, ^ „ See Sec. Ti-lfl. abandoned for sewerage purposes, to quit using the old culverts for drainage purposes, and to connect their drainage with the new sewers. Sec. 1240. All connections hereafter made with sewers having "Y's" already prepared for lot connections, shall connect witji such Se^^'" connec- "Y's," and not put in other "Y's"' for the purpose of making such connections. Sec. 1241. A violation of this ordinance shall be punished by a fine not exceeding fifty dollars, or imprisonment not exceeding thirty ^"°^ ^"' ^^''^• days, or both these penalties, in the discretion of the Eecorder's Court. Sec. 1242. All property owners on Peachtree street are hereby gewer, gas, etc notified to make all sewer, gas and water pipe connections from the onTeSree mains on said Peachtree street within thirty days after the passage of ®^''^^*" this ordinance, preparatory to paving the same with asphalt. Sec. 1243. After the pavement is laid on said street, it shall be unlawful to in any way cut the asphalt for the term of five years. Sec. 1244. All sewer, gas and water connections shall be made bv property owners on Peachtree street, from Baker street to Pine street, connectfons^*'"' before asphalt is put down, and that no connections be allowed after st"eet.'*'^ said asphalt is laid for the period of five years from the completion of Aug-. 20, is92. the work of laying said asphalt. Sec. 1245. All property owners on South Forsyth street, between Hf;!ing"''p,.ope'r. Hunter and Whitehall streets, are hereby notified to make all sewer, *„ Fo^nh gas and water pipe connections from the mains on said South Forsyth lewlr/sa^^and street within twenty days after the passage of this ordinance, prepara- nectTo^'.'"' ^''"" (20) 306 Part III. — Ordinances. May IS, 1897. toiy to paving the same with vitrified brick, and that all gas, electric light, telegraph, telephone and other companies using mains or con- duits in said street are also notified to lay down any needful new mains and to make all necessary repairs within said period of twenty days; and after the pavement is laid on said street, it shall be unlawful to in any way open said street for the term of five years. Sec. 1246. All persons owning property fronting on South For- syth street, between Hunter and Whitehall streets, shall be served with a copy of this ordinance by the City Engineer, and that all companies using mains or conduits in said portion of Forsyth street be also served with copies of the ordinance. Sec. 1247. The Board of Water Commissioners are hereby re- Requiring an quired to have all water connections on N"orth avenue, between Peach- fonnections^^to tree and Williams street, made immediately, so as not to delay the paving of said avenue. That the Atlanta Gaslight Company are be made on North avenue pav°ed. ^^™^ ^^ hereby required to bring all gas connections on said avenue to the side- june 24, 1897. Walk Curbing, and place the key-boxes before said N"orth avenue is paved. Property owners are hereby required to make all sewer con- nections before said avenue is paved. That the said gas company, if they desire to lay a new gas main, shall do so before said avenue is paved ; and after said Korth avenue is paved the said paving shall not be taken up to make any such connections for the term of five years. Sec. 1248. All property owners on Washington street, between Property onto- Huiiter strcct and Woodward avenue, are hereby notified to make all ers on Wash- • n t i • ington street scwcr, gas and watcr pipe connections from mams on said Washington to make all ^ „ • pipe connec- street withiii fifteen davs after September 9, 1898, preparatorv to tions with " i x ., pipes on street, paving samc with asphalt, and that all gas, electric light, telegraph Sept. 9, 1S98. telephone and other companies using mains or conduits in said street are also notified to lay down any needful new mains and to make all ^^ , . necessary repairs within said period of fifteen davs. After the pave- Street pavmg .. i i . i not to be dis- ment is laid on said street it shall be unlawful to any way open said turbed for five ■ ■ ^ years. street for the period of five years. Sec. 1249. Any property owner or agent in cliarge of propci-ty, Penait for i^otificd by tlie.Board of Health to quit using the old culverts and to !f]y"^^^°„Q°"'' connect their drains with the new sewers, failing to connect tht'ir ^^^^- drainage with the new sewers, or continuing to use iht- July 22, 1890. drainage purposes for a longer period than l\veiit\ See Sec. 1239. q£ noticc, shall be punished, on conviction ht'fore lli by fine not exceeding one hundred dollars, or iin[ ceeding thirty days. Sec. 1250. From and al'tci' tbe passage of this ■Connections, tious sluvll uot hc r('(|uii'(Ml or |)('rinitit'(l lo he in; when made.' ^^^^^y i.^j^ ,^^^,[ j^^t already connected witli iiniil be indicated by the Committee on St'wci's and tli he old cu \-erts for (lavs it'tl r service ■ Hecoi dr ■"s Court. I'isonini'ut not cx- ordina nci . conncc- le wit 1 a ny sewei' SUcll t ni( as shall Citv iMi ^ineer to Part III. — Ordinances. 307 the Board of Health, which connection.- shall Ije required and made as by existing ordinances provided. Sec. 1251. All persons shall be allowed six months within which ^j^^j^j^^^g ^i. to make connection with any sewer that may be laid in front of, or J^^';jt",f3 fj- near their improved property, by the authority of said Mayor and '"^''^ "''''" connections. Geiieral Council. CHAPTER XXXIII. STREET IMPROVEMENT COLLECTOR. Section. 1 Section. 12.52. Appointed by Finance Committee. | 1261. Transfers of executions. 1253. Salary and bond. 1262. Interest on delinquent bills. 1254. Duties. 1263. Postponement of collections not allow- 1255. Engineer makes out paving bills. I ed. 1256. Collected by Improvem-ent Collector. j 1264. Monthly reports. 1257. Executions for paving, etc. 1265. Penalty. 1258. A enable contract. 1266. Manner of collecting bills. 1259-1260. Records— how kept. i Section 12-52. From and after March 10th, 1899, the officer^,, ^ Collector ap- known as Street Improvement Collector shall l)e aijpointed or elected pointed by Fi- '■ ^ ^ nance Com- by the Finance Committee of the General Council, and shall be remov- mittee. able by said committee at its pleasure. Sec. 1253. The Street Improvement Collector shall have an an- j^^^^ ^.^^^ nual salary of $1,200, payable in monthly installments, and shall give ^^^^^^^ ^^ ^^^^ bond for the faithful performance of his duties, and for the faithful accounting for and paying over all moneys collected Ity him. in the sum of $5,000, with surety to be approved by the Mayor. Sec. 125-1. The duties of Street Improvement Collector shall be such as are prescribed by existing ordinances, and such as shall here- ^"^i*"^- after be made applical)le to that office either by the General Council '^^"^ "' ^^^^' or Finance Committee. Sec. 1255. The City Engineer shall make out all bills for curbing Engineer to sidewalks, street paving, sewer assessments, etc., which shall be num- 1^1^^,111"! ^^^" bered consecutively and entered by him in books prepared for that pur- pose, which he shall turn over to the Comptroller and the bills to the Street Improvement Collector for collection, and he shall be receipted for by the Street Improvement Collector to the Comptroller. Sec. 1256. The Street Improvement Collector shall receive credit for collections on above accounts, and the Tax Collector be charged ed by Tax Coi- with the same upon presentation of daily receipts from the Tax Col- lector. The Street Improvement Collector shall make execution Daily settie- Tij • IT Ti-iT />!• <. nients and re- aockets against delinquents under this head as set forth m cases of ports, delinquents for general tax, and the Comptroller shall credit the Street Improvement Collector and debit the Marshal for such fi. fas. Sec. 1257. In order to carrv into effect the Act of the General 308 Part III. — Ordixaxces. Executions for -^ssemblv of Georgia, approved August 22d, 1891, providing for the street curbing, transfer of bills and executions for granite curbing and street paving, it is hereby made the duty of the City Tax Collector to transfer claims against the City of xVtlanta against abutting property owners and the street railroad companies for granite curbing furnished and set, and street paving done on the street on which such curbing and paving is done, in the form of bills or executions at the option of the contrac- tors or other person asking for such transfers, in either case to be made without recourse on the City of Atlanta. Sec. 1258. So soon as the granite curbing on any street has been Abutting own- furnislied and set up under the order of the Mayor and General Coun- days° notice.'^" cil, it shall be the duty of the City Engineer to make out bills against all parties liable to pay for such curbing, and place them in the hands of the City Tax Collector for presentation and collection, and upon presentation of a bill thus made out, it shall be the duty of any prop- erty owner desiring to have the privilege of paying for such curbing Applies to ven- in installments, as provided for in the contract between the City of Atlanta and Venable Bros., contractors, to give the said Venable Bros, written notice of this desire, and the written notice shall state the time required by such abutting owner, and to pay the one-fourth (%) cash installment on said curbing within thirty (30) days from the presentation of the bill as aforesaid; and on the failure of any property owner to give the notice and make the cash installment pay- ment as aforesaid, then, upon the completion of tne laying of the side- walk in front of the property where said curbing has been furnished, execution shall issue for the whole amount due for such curbing and sidewalk, and be collected without reference to the installment feature of the contract aforesaid, such failure to give written notice operating as a waiver of the right of such property owner to pay for such curb- ing in installments. Sec. 1259. The Street Improvement Collector shall keep a com- plete record of all bills for permanent improvements delivered to him for collection, which shall show the names of the parties liable, etc., amount of each bill, for what work the bill is due, the location of the property and the disposition made of the bill, whether by collection, transfer and to whom, or the issue of the execution; and when such bill or executions are paid, this fact must be noted on said record in the office of the Street Improvement Collector, which shall be open at all times to the inspection of the public. And the daily reports of the Street Improvement Collector to the City Comptroller shall con- tain a full minute of bills for permanent improvements received by .the Collector, the amounts collected thereon, the bills transferred by him and to whom, the bills handed to the City Clerk for the issue of executions, and the number of bills and executions reported to him as having been collected and by wliom and the amounts thereof. Part III. — Ordinances. 309 Sec. 1260. The books in the office of the City Comptroller shall show a like record of all bills and executions for permanent improve- ments so as to furnish a complete check upon the records of the Engi- neer, Collector, City Clerk and Marshal, with reference to all sueli liills and executions. Sec. 1261. Whenever the contractors or other transferees, after taking the transfer of any bill for paving and curbing, or paving or curbing, shall find it to be necessary to have execution issued for the whole or any part of the amount of such bill, they may return such bill to the Street Improvement Collector and have such return entered upon the record of bills kept by that officer, whose duty it shall be to deliver said bill to the Clerk of Council, who shall issue execution in favor of the city against the party owing such bill for the amount due thereon, which execution shall be transferred by the Tax Collector, and levied and collected by the Marshal for the use of such contractors or other transferees as if issued and transferred in the first instance. Sec. 1262. All bills for public improvements in the City of At- Interest on lanta against abutting property owners and street railroad companies, bins or street '=' '- ^ -J >■ ' improvements whether for street paving, curbing, sidewalks or sewer assessments, etc. shall bear interest at the rate of seven per cent, per annum from the date when execution is, or by law ought to be, issued for any such assessment, such interest to be collected with the principal of each execution from the defendant in /?. fa., or from the property subject to the lien of such assessment. Sec. 1263. iS'either the Tax Collector, Street Improvement Col- lector nor the Marshal shall have authority to postpone the collection o'rcoikcTioM of any bill or execution for public improvements due the City of At-"°*^ allowed, lanta for more than thirty days after it is placed in the hands of such officer for collection, without the permission of the Finance Commit- tee to make a longer extension of time for special reasons in any case ; nor shall the Finance Committee postpone a collection in any case for more than three months from the date of the issue of the execution, without express action of the Mayor and General Council authorizing them. Sec. 1264. It shall be the duty of the Street Improvement Col- lector and the Marshal to report on the first day of each month to the monthly^' Finance Committee all uncollected bills and fi. fas. due the City of March n, i892. Atlanta for public improvements, licenses or taxes in their hands, and to state the reason why such bills or executions have not been collected, these reports to show the names of the parties owing such bills or executions, and also the amount and character of the demand in each case. Sec. 1265. Any officer convicted of violating either of the forego- ing sections of this ordinance shall be subject to a fine not exceeding one hundred dollars in the Eecorder's Court, and upon such conviction 310 Part 111. — Oedinances. Manner of collecting bills. March 18, 1897. the Mayor shall suspend the officer so convicted until the next regular meeting of the General Council, when such officer may be removed from office in the discretion of the General Council. Sec. 1366. The manner of making collections for permanent street improvements, sidewalk and curbing bills, sewer assessments, removing and replacing pavement, repairs to sidewalks, and all other bills for work aone for property owners on the streets, alleys and sew- ers of Atlanta, whenever such work is done by the city, and collected from property owners by the city, shall be as follows : Bills for work done as above specified, shall be made out by the City Engineer or the Commissioner of Public Works, as the case may be, by whichever of these departments the work may have been done, such bills to be made out on receipts with two stubs or coupons attached, and turned over by said officers to the Collector of Street Improvements, taking his receipt therefor. The Collector of Street Improvements shall keep all such bills in his custody, until they are called for to be paid, when he shall retain one stub to make up his accounts and send the receipt and other stub or coupon to the City Tax Collector, who shall receive the money and give the receipt to the person paying the bill, and file the coupon to make up his accounts. On the same day the Collector of Street Improvements shall report to the Comptroller all coupons so turned over to the City Tax Collector, giving numbers, names and amounts, and the City Tax Collector shall on the same day report to the Comptroller the amounts so collected by him, accompanied with the coupons which had been turned over to him by the Collector of Street Improvements, with the receipt of the City Treasurer attached thereto. The Collector of Street Improvements and the City Tax Collector to make daily and monthly reports to the Comptroller. Part III. — Ordinances. ;il CHAPTER XXXIV. CITY ELECTRICIAX^ ELECTRIC WIRES^ ETC. Section. 12G8. Board of Electrical Control. 1269. Inspect all electrical constnictioni 1270. Citj- Electrician authorized. 1271-1271 (a) Duties. 1272. Office. 1272 (a). Policemen to inspect lights. 1273. Must have permit to do work. 1274. Does not relieve liability. 1275. Penaltj' for interference with wires. 1276. Penalty for breaking globes, etc. 1277-1278. Intoxicated persons must not do electric work. 1279. Underground circuits. 1280. Permit by ordinance — when. 1281. Length of openings. 1282. Must apply to Board. 1283. Bond. 1284. One duct left for city. 1285. Company must mak- annual reports. 1286. Free city service. 1287. Bond. 1288. Sale of franchise works forfeiture. 1289. Application to set poles. 1290. Alleys preferred. 1291. One side of street only to be used. 1292. Power wires separate. 1293. Roofs, etc., not used except by consent of owner. 1294. Insulation. 1295. Kinds of insulators. Section. 1290. Guards. 1297. Second company pay expense of raising wires — when. 1298. Ground connections. 1299. Supports not in use removed. 1300. Powers reserved. 1301. Metallic circuits required. 1302. Privileges suspended for non-compli- ance, etc. 1303. May modify these rules. 1304. Fire alarm gongs at each station. 1305. Wires entering building. 1306. Plan of electric work to be shown City Electrician. 1307. Penalty. 1308. Election of Electrician. 1309. Electric currents must be retained in proper channels. 1.310. Penalty. 1311. City's right to damages not affected. 1311 (a I. Wires must be well insulated. 1311 (b). Removal of wires in order to re- pair buildings. 1311 (c). Electric wires in conduits in inner fire limits. 1311 (d). Work and material to be approved by the Board of Electrical Control. 1311 (e'. May require wires in conduits throughout city. Section 13(i8. The Board of Electrical Control shall consist of the Chairman of the Committee on Electric Lights, Telegraph and Telephones, City Engineer, Chief of Fire Department and the Chair- man of the Committee on Electric and other Railroads, and the Chair- man of the Committee on Electric Lights, Telegraph and Telephones of the General Council shall be the Chairman of the Board of Elec- trical Control. Sec. 1369. It shall be the duty of the Board of Electrical Control to inspect, or have inspected, all electrical construction of whatever character, connections inside and outside, with buildings, insulation of wires, and shall have power to order any defective construction re- paired, removed, or built, when, in their judgment, life and property will be better protected thereby; and it shall be their duty to see that all laws of force now or that may be hereafter enacted, governing elec- trical power or construction, are strictly complied with. Sec 1370. The Board of Electrical Control shall have power to employ a competent man, who shall be known as Superintendent of Electrical Affairs, and who shall be under and subject to the orders of the said board. And the salary to be paid the said Superintendent shall not exceed twelve hundred dollars per year. Board of Elec- tric Control. Dec. 23, 1892. Inspect con- struction of all electrical lines, applicances, etc. Under ordi- nance of Aug. 26. 1893, the Mayor and General Coun- cil elect the City Electri- cian. 312 Part III. — Ordinances. Sec. 1271. It shall be the duty of the Superintendent of Electrical Duties of su- -^f^^irs to look after and keep in proper condition all electrical efJctricat'^af- °^ ^^ii'^s and alami-boxes used in any department of the city government, fairs. gj2,j sliall inspect all overhead street construction, poles, brackets. cross-arms, etc., all connections inside or outside with buildings, and such other electrical work as may l)e required of him by the Board of Electrical Control. Sec. 1271 (a). He shall be general supervisor of electric lights and fhe city^iights* require the city contractors furnishing lights to comply with the terms 1893. of their contract with the city. Sec. 1272. He shall have a central headquarters, and shall keep a record of all applications to set poles, string wires in streets or trai ^ office, '^etc. houses, etc, whether approved or rejected, and shall immediately inspect all new work and report the same to the board. Sec. 1272 (a). Policemen on duty at night shall carefully inspect report as to all lights on their beats, and report the condition of same to the Chief lights on their of Police, who shall keep a record of same, and furnish a copy to said beats. superintendent when requested so to do. Sec. 1273. It shall be unlawful for any company or person to set Penalty for polcs, string wires, or make any electrical connections with buildings ply with this within the incorporate limits of the Citv of Atlanta without the per- ordinance. .. "' _ mission to do the same from said board, and any person, firm or com- pany that obtains a franchise or permission to erect poles and string June S, 1803. >- -^ ^ t • <. n /^- •• * " Avires for any purpose within the corporate limits of the City ot At- lanta, on streets or crossings where it is necessary to run under the fire alarm, telegraph, telephone, electric light or power lines, shall, before they begin such construction, raise the existing lines at tlieir own expense to a distance above their proposed construction to make them perfectly safe, and any company, firm or person, violating this ordinance, shall, upon conviction before the Eecordcr's Court, pay a fine of not less than twenty-five dollars, nor more than five hundred dollars, or work not less than ten days, nor more than thirty days, on the public works of the city, or both fine and imprisonment, in Ihi' discretion of the court. Sec. 1274. Nothing herein contained shall be construed to relieve Ordinance not aiiv fimi or compauy from liability, or moral responsibility, in case of reiievT^iabu- accideiit to life or damage to property in the operation of their plant ity, etc. T , or plants. Sec. 1275. It shall be unlawful for any person or persons, in Penalty for in- erecting scaffolding or in putting up signs, or in any other way, to cut wires"'without^ Or interfere with the arrangements of electric wires (telegraph, tele- complny con- pliouc, otc.,) without first notifying the person or company that the wires to be so interfered witli belong to, and if any person or person^ handling timber, or having work done about any ol' said wires slionld. by accident, cause any of said wires to be broken or disarranged, lu' Part III. — Ordinances. 313 shall immediately notify the person or company owning said wires of their condition, and upon neglect so to do shall, upon conviction, pay a fine of not less than ten dollars, or serve not less than ten days on the public works, in the discretion of the Recorder's Court. Sec. 1276. Any person or persons who may in any way maliciously deface or break any of the electric globes or lamps shall, for the first brTa king^piobes offense, pay a fine of not less than ten dollars, or serve ten days on the °'' '^"p^- public works ; for the second offense, pay a fine of twenty-five dollars, ^*^' ^^' or serve twenty-five days, and for the third and each offense thereafter shall serve not less than thirty days in the public works, in the discre- tion of the Recorder's Court. Sec. 1377. Any person, firm or corporation, or person knowingly emplovins" or allowing anv emplove to work on anv telephone wires, persons work- electric light wires, electric street ear wires or any other wires m the trie wires, etc. City of Atlanta where danger to person or property would be likely to occur, in an intoxicated condition, or shall employ incompetent, care- less hands for such work, shall, upon conviction before the Recorder's Court, pay a fine not exceeding one hundred dollars, or not exceeding thirty days in the city stockade. Sec. 1278. Any person working on any of the wires aforesaid ins an intoxicated condition or in a careless manner shall, upon convic- tion before tlie Recorder's Court, be subjected to the same punishment as is provided for in the foregoing section. Sec. 1279. All corporations, firms or persons to whom permis- ^.^^^^^j.^^^^ sion may hereafter be granted for running or laying underground "'''^'."'^^' ^t*^- circuits, tubes or pipes for electrical conductors or cables or wires, shall conform to the requirements of this ordinance. Sec. 1280. No street, alley, lane or road in the City of Atlanta shall l)e broken or occupied by any corporation, firm or person for the Ti'd^inancer'nec^ purpose of laying down conduits, tubes or pipes for electrical conduc- ^'^^"'• tors, cables or wires, unless authority by ordinance be first obtained. Sec. 1281. During the construction or laying down of said under- ground conduits, tubes, pipes, conductors, cables and wires, no street, openings and alley, lane or road shall be opened, or the paving broken into, for a Jp^ °"" ^^ greater distance than five hundred (500) feet at any one time, and ihat no section of the five hundred (500) feet shall be kept open for a longer period than ten (10) days, and said opening or trench shall not 1)e of greater width than two (2) feet, and as the work progresses the paving shall be promptly relaid, and the street, alley, lane or road put in good condition. Sec. 1282. Prior to making an opening in any street, alley, lane or road, for the laving of conduits, tubes or pipes for electrical con- Board of Eiec- • '^ . ^ -, . 1 trical Control. ductors, cables or wires, the corporation, firm or person desiring to lay the same shall make application in writing to the Board of Electrical Control, and shall file plans and specifications with said department. 314 Part III. — Ordixaxces. Board. showing the location, route and length of the proposed conduits, pipes and tubes, and the said Board of Electrical Control shall have author- Eieetricar™ ^^^3' ^° i^suc the neccssarv permit for the opening of such street, lane, alley or road, as set forth in the application and plans, as are proposed to be occupied. The opening of any street, lane, alley or road, with- out a permit having been first obtained, shall forfeit the right of any corporation, firm or person to use or occupy any street, lane, alley or road. The work of laying any underground conduits, tubes, pipes, electrical conductors, cables and wires, shall be under the direction and to the satisfaction of the Board of Electrical Control, who shall at all times have free and unobstructed access to the conduits, tubes, pi])es, electrical conductors or cables, for the purpose of inspecting the same, or making connections therewith for wires or conductors in use, or to be used by the city, in which case the company shall have reasonable notice. Sec. 1283. All corporations, firms or persons, occupying any street, lane, alley or road with underground conduits, tubes, pipes, cables, electrical conductors or wires, shall l)e liable for all damages to gas and water main services, and sewer connections with sewers, and, also, for any damages caused by the opening of trenches or con- dition of streets, alleys, lanes or roads resulting from the laying of conduits, tubes, pipes, electrical conductors, cables or wires, or making connections for which the City of i^tlanta would otherwise be liable, or where the same belongs to the city, and sufficient bond shall be given- subject to the approval of the Mayor, in the sum of dol- lars to cover the same, and the said party or parties shall he liable to the extent of damages. Sec. 1284. Any company, firm or person, placing conduits, under One duct free j-j-jj. ordinance shall furnish to the citv on demand, one (1) duet for for city use. • ' ^ municipal purposes free: provided, no electric light or power wire ,-hall be used in telephone or telegraph conduits. Sec. 1285. All corporations, firms or persons having telegraph. ielephone or electric lighting wires, electrical conductors or cables mTdJ.^^ *° ^® placed underground shall, in writing, on or before the first day of January of each year, certify under oath to the Board of Electrical Control the actual number of wires, location and the miles of wire and electrical conductors underground owned, leased or controlled by tlu-m Penalty for iu the City of Atlanta. Failure to make such return within the time failure. provided for in this ordinance shall subject the oifenders to a penalty of fifty ($50) dollars per day until such return is made. Sec. 1286. Every company, corporation, firm or individual, to which privileges may be granted for laying pneumatic tubes shall, upon notice from the Board of Electrical Control, supply free service to the City of Atlanta and tlie depart lueuts tlicrcof iH'twecn such points as are or may be reached by this system. Free city ser- vice. Part III. — Ordinances. v^15 Sec. 1287. Upon the passage of any ordinance granting any f<^iii- Bonds etc pany, corporation, firm or in(li\ idnal ])i'i\ii('ges under this ordinance, or any ordinance now in force, oi- to he hereafter passed, relating to or reguhiting underground wires, electrical conductors, conduits, pipes, cables or tubes, the said company, corporation, firm or indi- vidual sliall, before exercising any privileges thereunder, give a bond, to be drawn and approved by the City Attorney and the Mayor, and to be entered of record, in the sum of two thousand ($3,000) dollars, conditioned that they will properly relay and pave all openings made by them, and thereafter keep in repair the same. The Board of Elec- trical Control shall not issue any permit as aforesaid until this con- dition is complied W'ith. Sec. 1288. Should any company, corporation, firm or individual to which or whom privileges have heretofore been, or shall hereafter ohiLwoikr be granted for the laying of underground wires, electrical conductors, cables or tubes, dispose of any of the franchises granted by this ordi- nance, or lease to consolidate or merge with any other company, cor- poration, firm or individual, without the consent of the Mayor and General Council previously had, they shall forfeit all rights and priv- ileges granted to them by the City of Atlanta, and upon satisfactory proof being furnished to the Board of Electrical Control and the City Attorney, they are hereby authorized and directed to take such action as will carry the provisions of this section into effect. Application— Sec. 1289. Applications for permits to set poles must be accom- panied by a plan indicating the proposed location of same. Such approval, etc. plan, if approved, may be so approved under modification in minor details, subject to the approval of the City Engineer and committee having such matters in charge. Sec. 1290. It shall not be admissible to occupy any main street AHeys pre- with new poles or other supports where it is practicable to penetrate ^'''"'^^- any district or supply the occupants of any one square by erecting such poles or supports in the alley-ways. Sec. 1291. The poles of a main line on any street must be confined to one side of the street, unless a special permit to the contrary be o"'str°eet usid granted, and in future construction poles of sufficient size and height ^'"" '"^*'' ^'"''' shall be used as to admit of all telephone and alarm wires being placed on the same poles — all persons or companies using the poles paying a pro-rata part of the construction, according to service. The city reserves the right to place fire-alarm wires on all poles erected on her streets, alley-ways or public places, without cost. Sec. 1292. All poles carrying telegraph or electric light and Power wires to J 1 1 n 1 ., , t>e separated powder M'lres must be placed, wherever possible, on the opposite side of f'?™ other the street from telephone and alarm wires. 316 Part III. — Ordinances. Roofs, etc., not used with- out consent of owner. Insulated sup- ports required and wires to be well sepa- rated. Kinds of insu- lators, etc., required. Second com- pany to pay expense of raising wires when. Ground con- nections must be detected and remedied. Sec. ]293. Eoofs or other parts of buildings must not be used in the support of wires without the consent of the owners thereof prop- erly certified to the City Engineer. Sec. 1294. All electric light and power wires must be fastened to insulated supports by insulated tie-wires; the use of uninsulated tie- wires is prohibited ; all tie- wires must have an insulation equal to that of the conducting wire. Wires must be tightly stretched, and never allowed to sag to such an extent as to be capable of coming in contact with each other, with signs or other neighboring objects. Sec. 1295. In running along walls all wires shall be rigidly at- tached to the same by non-conducting fastenings, and shall not hang from projecting insulators in loose loops. All arc light wires shall be placed at not less than one foot, and all incandescent wires at not less than six inches apart, and whenever they approach any conducting body capable of furnishing a ground connection, they must be rigidly secured and separated from the same by some approved non-conduc- tor. The use of porcelain knobs as insulators on the outside of build- ings is prohibited, except in dry places,' when an approved special insulator must be used on the wires. Wires must not be so placed as to render it easily possible for water to form a cross connection between them. Sec. 1296. Where angles occur in the line, subjecting the sup- ports to increased strain, guard irons mvist be placed at the outer ends of cross-arms. Guard wires must also be placed wherever their pres- ence would prevent telephone, telegraph or other wires from coming into accidental contact with electric light, power and trolley wires for electric street railways. Sec. 1297. Wherever it is necessary for any electric light, power or trolley wires to be run under telegraph, fire-alarm or telephone Avires, permission shall be granted to do so, but the company running such wire or Mdres shall pay the expense of raising the other wires,, so that said wires shall not be less than five feet above said electric light, power or trolley wires, to make them entirely safe; and when- ever any telegraph, fire-alarm or telephone company wish to stretch wires above any electric liglxt, power or trolley wires, they must cross not less than five feet above said wires. The guard wires above eacli trolley wire must consist of two wires, not less than N'o. 9 gauge, and be tightly strung not less than two feet above said trolley wire and twelve inches to each side. The cost of such guard wires and guard irons or change of poles shall he borne by the persons or company mak- ing the last construction. Sec. 1298. All circuits shall be provided with some np]-)r(nod device for declaring or detecting ground ('(mnocti(Uis. Tests for grounds shall be made at least three times each day ; wlien a ground connection occurs, it must l)e found and remedied without delay. Part III. — Ordinances. 317 Sec. 1299. lioop wire poles and other supports no longer in use shall be' removed. Sec. 1300. In granting permits to erect poles for purposes of elec- tric light or power, the Mayor and General Council reserve the right fe*J^eT "^^' — if the interests of the city so require — to authorize other compa- nies or persons to use the same poles for the same purposes, upon the payment to the owner thereof of a proper compensation to be deter- mined by agreement. All permits will be subject to this condition, and in accepting a permit the applicant binds himself according thereto. This same mode of settlement or agreement applies to tele- phone, telegraph and other wires. Sec. 1301. All currents shall be run with metallic circuits, the return wire of each circuit being brought to the station on the same cuus^^ required, with and cross-arm on each pole in order to neutralize the inductive effects, and create as little disturbance as possible on adjacent wires. The Electric Light Company shall have permission to trim trees, .sub- ject to the direction of the City Engineer, whenever necessary to clear their wires of escape or leakage, to render them less dangerous to life. Trees are to be trimmed with care, and only when necessary. Sec. 1302. The provisions of this ordinance are to go into imme- diate effect, as regards future construction, and all necessary changes suspended in ,1 j_ J , • 1 . . a '^'^^^ °f non- m the present construction to meet the provisions of the same to be compliance ^ , , ■; with ordinance made by the first day of April, 1890, and any violation or refusal on the part of any person or company to make such alterations and changes in their present or future construction as may be demanded in conformity to said rules and regulations, shall work immediate suspension of all permits held by the company or persons guilty of such violation or refusal, and in case of persistent violation of requirements, and in case of dangerous necessity, the City Engineer or committee having such matters in charge is authorized to instruct the police or the inspector to cut out lights or to cut out the current in the loealitv concerned, and to enforce the discontinuance of all rights until the rules are complied with. Sec. 1303. In granting permits for overhead electric construction with these rules and regulations, the Mayor and General Council re- fo° modify "or"^ serve the right to add to or modify said rules and regulations, and if ^^^J^ "'"'^ it should prove necessary to have arms or all electric wires placed underground. Sec. 1304. The Fire Department of the city shall place in the sta- tion of every electric light or power company at the latter's expense, gony^?o"be a suitable gong and indicator connecting with the fire lines, by which powlr Jtltfon.'' shall be indicated the location of all jfires. On the breaking out of a fire Jan. e, i89o. in any district in which any electric light or power companv has wires, such companies shall forthwith send a man prepared to remove 318 Part III. — Ordinances. the same, under the direction of the Chief of the Fire Department or his assistant. Sec. 1305. When wires enter a buihlinij, thev must be encased in Entering build- ings. continuoiis pieces of hard, insulating tubing, so inclined as to oppose Feb. 3, 1890. ^^^^ entrance of water, and the outer end of this tubing must be sealed with some plastic insulating material in such manner as to exclude all moisture. Sec. 1306. It shall l)e the duty of the owner, or contractor in charge of the work, whenever it is proposed to place, or increase elec- tric" work %o^' trie lights, in any l)uilding or office, or other part of a building in the £Lctr°i^n?' ^ City of Atlanta, to notify the City Electrician of the fact, and to Sept. 17, 1895. furiiish Said City Electrician a plan of the proposed electric work, showing connections and distributions of the lights, etc.. in the work proposed, and to obtain a permit from said Electrician before pro- ceeding with the work. Sec. 1307. Any person convicted of violating the foregoing sec- Penaity. tiou, in the Kecorder's Court of the said city, shall be punished by a fine of not exceeding one hundred dollars, or imprisonment not exceed- ing thirty days, either, or both, in the discretion of the court, and it shall also be within the power and authority of the City Electrician to require the removal or modification of any electrical work con- structed in violation of this ordinance, so as to render the same safe, such removal or change to l^e made at the expense of the owner of the building or contractor in charge of the work, as the case may be. E^^ction. ^^^^ Sj;c_ ] 308. The time for electing the City Electrician is changed Present term ^^0™- the first to the sccoud meeting in January of each election year. '^'^^''i^H,l^°"" and his term of office shall be two vears. Sec. 1309. It shall be the duty of all persons or companies, using Electric cur- °^ employing electrical currents in the City of Atlanta, by or before retaLe'd"in ^^ ^^^l^' ^^t, 1898, to providc and put in use such' means and appliances proper channels j^^ ^^-jjj gQ coutrol and effectually retain such currents in their proper channels, and on their own wires, tracks and other works, as to prevent injury to pipes and other structures belonging to the City of Atlanta, in the streets, alleys or other parts of said city. And to repair and renew said means and appliances, or from time to time change an;i improve the same as may be necessary to accomplisli said purpose, all at his or their charges and expense, and at his or their own risk. selecting and adopting such means and appliances as shall ])ri'vent injury to pipes and other structures belonging to said city, as aforesaid. Sec. 1310. Any person or company violating this ordinance shall be subject to a fine of one hundred ($100.00) dollars for such offense. Penalty. and in order to a conviclion under this ordiiiaiu-t' it shall not he nec- essary to show that the entire electrical current, imposed on the pipes or other structures belonging to said city in the streets, alleys or other parts thereof, escapes from or comes from the ])ow('r house or works Part III. — Ordinances. 319 of the party or parties charged as aforesaid. l)ut it sliall he sufficient for a conviction if the company or party by failing to restrain its or their currents materially contributes to the injury of pipes or other struct- ures belonging to said city as aforesaid. Sec. 1311. Be it further ordained by the authority aforesaid, that (.i,,.,^ ^ight neither the collection of any penalty, for violating Section 1 of this ^ot '^aTcted by ordinance, nor any prosecution for the same, shall have the effect to offXder.'°" °^ take away or abridge the right of said city to damages arising from March ii, isos. the trespass done to said city, or to the pipes or other structures belong- '-section i of ing to said city by such aforesaid current being permitted to escape nanc°e-' 'refers from the structures of the party or parties generating the said cur- o° tws code, rent or currents, and in case of damage to the pipes or other structures belonging to the said city, in the streets, alleys or other parts thereof, the same may be demanded and collected through the proper channels, :ind on failure to pay, that the same may be sued for in any court having jurisdiction; provided, this is not to be construed as requiring the city to show the damage actually produced by said current. Sec. 1311 (a). Electric light and power wires, except trolley wires . for railways, must be covered with durable waterproof insulation, not weu insulated '' r^ n ^^'^ approved less than two coatings. Samples of wire must be submitted to and by Board. approved by the Board of Electrical Control. Sec. 1311 (h). Owners or persons engaged in repairing, etc., find- ino- it necessarv to remove wires from buildings, shall, in writing, no- of '^^ifes neces- ■- ^ ^' sary in repair- tifv the Citv Electrician twentv-four hours before contemplated work 1"^ any buiid- i mg. is begun, and the City Electrician shall have owner of such wires remove the same ; provided, such owner or contractor may remove such wires still unremoved forty-eight hours after giving notice as above. Sec. 1311 {c). All companies, corporations, firms or persons now owning or operating electric light wires, electric power wires and elec- light, power trie railway feeder wires, except trolley wires, shall proceed to place feeder Vlre^, such wires in underground conduits within the close district of the ^ires, shaiiTe fire limits of this city, and shall complete the work of placing such dults in inner wires underground within two years from the date of the approval of this ordinance; and all persons or companies that may hereafter be granted permission to operate electric light, power or feeder wires in the City of Atlanta, shall in the beginning place such wires in under- ground conduits within the radius above described. The work of placing such existing wires in underground conduits will be com- menced as early as possible, and plans for such work, whether existing wires or wires to be hereafter installed, must be submitted to and ap- proved bv the Board of Electrical Control of the Citv of Atlanta ; and work and ma- •^ " ' ' terial under all material used in executing said work to be approved by the Board supen-ision of ° rr „ Board of of Electrical Control, and the actual execution of the work to be done Electrical con- trol. under the supervision of the Board of Electrical Control of the city and the Citv Engineer. 320 Part III. — Ordixances. Deef ctive work may be order- ed removed. Sec. 1311 (d). All material used, and the work done, in placing electric wires in underground conduits, as aforesaid, which does not meet the approval of the Board of Electrical Control, may be rejected by said Board, and in event of such rejection, be removed by the com- pany furnishing such material and doing such work, at its own ex- pense, within five days after notice of such rejection, and if not so re- moved within ten days after such notice of rejection, they may be removed by, or under the direction of, the Board of Electrical Control at the expense of the party furnishing such material or doing such work. Sec. 1311 (e). The City of Atlanta reserves the right and power to require the extension of underground conduits and the placing of elec- tric light, electric power and electric railway feeder wires in them at any and all points within the limits of the City of Atlanta, from time The city re- serves the right to j)lace all electric light power feeder wires in to time, in the discretion of the Board of Electrical Control, subject, conduits however, to revision and final ai)proval bv the Mavor and General Oct. 9, 1899. 1 i ^ .. Council. CHAPTEE XXXV. STREET RAILROAD COMPANIES. Section. 1312. Conform to surveys. 1313. Maintain streets. 1314. Charges for fare. 1315. Numbers on cars. 1316. Not use bells near churches on Sundays. 1317. Rate of speed regulated. 1318. Paving streets. 1819. Rules for car companies. 1320. Street grades furnished. 1321. Duty of companies as to grades. 1322. Penalty for refusal to pay fare. 1323. Penalty for obstructing platforms of cars. 1324. Penalty for interference with track. 1325. Change of radius at Washington and Jones streets. 1326. Right reserved to grant franchises to other companies. 1327. This reservation to apply to all compa- nies already exercising franchises if they apply for additional privileges. 1.328. Penalty for laying tracks without au- thority. 1329. Ordinance extends to all companies — when. Section. 1330. .$5,000 to cross Broad street bridge. 1331. Speed of cars — and stops at crossings. 1332. Heavier grade has right-of-way. 1333-1334. Cars go to right on bridges. 1335-1336-1337. Transfer ordinance. 1338. Duty as to repairs. 1339. Guard wires. 1340. Poles painted. 1341. Posts set only on permission of Commis- sioner of Public Works. 1342. Slacken speed in case of frightened horses, etc. 1343. Penalty. 1344. Must pay for eleven feet of paving. 1345. More about street paving. 1346. In case of second track no more ex- pense. 1347. Rebate on streets already paved. 1348. Must provide fenders. 1349. Penalty. 1350-1351. Transfer tickets— railroads piotcct- ed in use of. 1351 (a) -1351 (m). General ordinance as to construction, operation, extension, etc., of street railways. Conform to surveys. Sectiox 1312. It shall be the duty of street railroad companies to conform to the surveys, regulations and grades as they are now, or may hereafter be, established by law or an ordinance of the City of Atlanta. They shall submit all proposed plans, courses, stjdes of rails, and the manner of hiying the same, to the Street Committee, for their d Part III. — Ordinances. 321 api^roval and sanction, which shall be obtained before they proceed to break ground, or occupy any of the highways aforesaid. Sec. 1313. The said railroad companies shall be at the entire cost and expense of the maintaining and repairing that may be necessary ^^g"/g''" upon any road, street, avenue or alley, occupied by them, for the widtl; required. It shall also be the duty of the company to clear the streets, or otlier public highways that they may occupy, of any obstructions placed u})on them by said company, when the same impedes the trade upon such highway; and for any neglect on their part to do so for a period of three days, they shall be punishable by a fine of twenty dol- lars for each offense, upon complaint of five citizens on oath or affirm- ation. Sec. 1314. The charges for passage on said roads shall not ex- charges on ceed twenty cents for any through line, and ten cents for half lines '°'"'' or short distances.' Sec. 1315. It shall be incumbent on all street car companies, before placing cars on their road, to have the number painted on some Numbers on conspicuous place on each car, and any omission or neglect to comply ''"*" with this provision shall be punishable by a fine of ten dollars. Sec. 131(). It shall be unlawful for any agent, officer or employe ■' ° . , , «t'-eet car hells ot a street ear company to use bells on any animals, or street cars, not used near Mitliin fiftv vards of any church on the Sabbath day during divine ing worship on , . " ■ ' no T . . , „ Sabbath. worship, and any person so oiiendmg, on conviction thereof in the Recorder's Court, shall pay a fine not to exceed one hundred dollars, or , ' be imprisoned not to exceed thirty days, either or both, in the discre- tion of the court. Sec. 131T. The running speed of street railroads in the City of • Atlanta shall not be at a greater rate than ten miles per hour within speed of street ° ^ cars. a radius of one quarter of a mile from the northeast corner of the ^ L'nion Passenger Depot, and not greater than fifteen miles per hour ^.^^ g^J ^3^^ beyond said radius, and never to be greater than six miles per hour at crossings within said radius of one quarter of a mile of said Union Passenger Depot, and the speed at crossings outside of said radius shall not exceed ten miles an hour ; provided, the right to lower these rates of speed, if deemed wise hereafter, is reserved by the Mayor and General Council. Sec. 1318. Said companies shall be required to macadamize or pave the width of the track, and for three feet on each side of every stveett""^'"^ line of track in cases of necessity, to be judged of by the Committee on Streets ; they shall be governed in locating the tracks by the Street Committee, nor -shall they locate any track without the consent of said committee, or a majority thereof. Sec. 1319. The Mayor and Council of the City of Atlanta hereby reserve to themselves the right, in conjunction with the president and pany! 1 This section had reference to old lines of the Atlanta Street R. R. Co. {21) 322 Part III. — Ordinan^ces. Grade fur- nished. Duty of streets. Refusal fare. directors of said companies, to make all needful rules and regulations for the government of said companies.' Sec. 1320. When any street railroad company shall apply for permanent grades of any street on which it is proposed to construc*^ a street railroad, it shall be furnished with both the surface and per- manent grade, and said company or companies may occupy either the surface, intermediate or permanent grade. Sec. 1321. When the said company or companies shall occupy to either the surface, intermediate or permanent grades the said company or companies shall, at their own cost and expense, place the said street and sidewalks, and all adjacent cross-streets, lanes and alleys, in as good condition as they were before they were so occupied, and be held liable for any damage accruing to property holders. Sec. 1322. Any person who shall enter any of the cars of any pay street railroad company for the purpose of riding therein, and who shall fail or refuse, on request, to pay the usual and proper fare or charge for the same, with intent to defraud the said street railroad company, shall, on convictioil, be subject to a fine not to exceed ten dollars and costs, or imprisonment for ten days, one or both, in the dis- cretion of the Eecorder's Court. Sec. 1323. Any person not being a regular passenger on such car or cars, who shall obstruct or occupy the platform of such car or cars, either by standing upon, leaning against, or swinging to the same, shall, on conviction, be subject to the same penalty prescribed in Sec- tion 1322 of this Code. Sec. 1324. It shall not be lawful for any person willfully to place any obstruction on the track or road-bed of any line of any street rail- road company located or running in or through the said City of At- '■'• lanta, or unnecessarily to interfere with or obstruct the free passage of any car, or to endanger the safety of any car, or any person in any ear, running in or through the City of Atlanta, l)y willfully allowing their vehicles to remain on or about the track of said railroad com- pany, or by any other careless, negligent or willful means whatever. A violation of this section shall subject the offender, on conviction, to a fine not exceeding ten dollars, or imprisonment not longer than ten days, in the Kecorder's Court. Sec. 1325. An ordinance heretofore adopted by this body requir- ing the Atlanta Street Eailroad Company to change the radius at the '^'^^ intersection of Washington and Jones streets from a fifty feet to a forty feet radius, and to pave between its tracks, and for three feet on either side of said tracks, on Jones street, and for other purposes, be, and the same is hereby amended as follows, viz: That in reducing said radius, said Atlanta Street Railroad Company sliall so conform to Washington and Jones streets at their intersection a? not to occupy Obstruct iiif platform. Penalty. Atlanta St Railroad. This section had reference to the old horse ar Part III. — Ordinances. 323 or obstruct any portions of the sidewalks on Jones street and Wash- ington street. Sec. 1326. The Mayor and General Council of the City of Atlanta, STfo^'^an! in granting franchise to street railroads and street car companies of oXf comp\° whatever motive power, reserves the right to grant a franchise to jan/ g^ iggo. another company or companies, when, in their judgment, the public ^gw company interest and welfare is subserved thereby, over any part of any street expenses!^*^*^ or streets, not to exceed three blocks, or 1,200 feet, upon the petition- >-ee section ing party or company paying a pro-rata part of the original cost of \l\ laterordi- construction, and a pro-rata part of keeping up in good repair of that fo^rcron°an'd part of the road-bed used by them jointly. \vm. "^' "" Sec. 132T. Any street railroad company or street car company, of whatever motive power, having the franchise granted prior to the tion t^^be passage of this ordinance, and petitioning the General Council for bie fo ai'/'com- additional privileges or amendments as regards power, or additional additional °^ streets, or any other material change, agree to the provisions of thc'"'^'^^^' foregoing section, otherwise any material addition or amendment shall be denied to any such street railroad or street car company. Sec. 1328. Any street railroad company, its servants or agents, who, without authority from the Mavor and General Council, shall lav laying tracks '' ' ' •' without au- any tracks on any street or portion of a street, or shall displace any per- thority. manent improvement for making repairs, without written authority from the Commissioner of Public Works, shall, upon conviction there- of, be fined not more than five hundred dollars for each offense, or be imprisoned not exceeding thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 1329. This ordinance is construed and hereby made a part of g^^^^^^^ ^^ ^^ the agreement on the part of the City of Atlanta, against any individ- companies, ual company or corporation who may petition to extend railroad lines, ^^^- ^' ^^^- or for any material privileges or changes, or to construct new lines through any street or part of street in said city. Sec. 1330. Every street railroad company crossing Broad street bridge with its tracks or cars, shall be required to pay into the cityS^t ranroads treasury the sum of five thousand dollars for the privilege of crossing streeT^ridgt, said bridge, and shall thereafter be required to pay such proportion keep tt°in^re^ of the expense of keeping said bridge in good repair as may be just ^^''^' and proper in the judgment of the Mayor and General Council in "^^^^ "^' ^ oifiee at the time, when such repairs are made. Sec. 1331. It shall be unlawful for any street car, electric, horse- Not to exceed ., . , , . four miles an power, or otherwise, to run over any street crossing, or at an intersect- hour at cross- jnfs etc mg street, at a greater speed than four miles an hour, and without and 'to stop at . 1 , Ti . . , ,, such places. giving warning by repeatedly ringing a bell or gong; provided, thisg^^s^^ ^g^, ordinance shall not be so construed as to permit the violation of tho ^^^'^^ ^!, .^ >■ ' later ordi- ordinance approved September o, 1887, prohibiting the use of bells on *'^"''^- 324 Part III. — Oedinaxces. animals or street cars within fifty yards of any church on tlie Sab- bath Day during divine worship. Sec. 1332. When two roads or tracks cross each other it shall be heavy '^grldl ^^^^ ^^^J ^^ ^^® persous in charge of the motive power of the cars to way "but^ mu'Jt ^ome to a stand, to see that the crossing is clear. In cases of heavy Ap^ n 1884 grades the line having the heavy grade shall have the right-of-way. Sec. 1333. It shall be unlawful for any street railway company to run electric cars across Forsyth street bridge, except by entering and passing across on the right side of the bridge, looking from the direc- tion from which the car is approaching the bridge; or to cause a car to pass partly over the bridge and return on the same track to the point of entrance. Sec. 1334. Any street railway company convicted of a violation of this ordinance shall be punished by a fine of not less than ten nor more than one hundred dollars, in the discretion of the court. Sec. 1335. From and after the first day of May, 1897, it shall be unlawful for any company operating electric or other railways in or Cars go to the right on Forsyth street bridge. prov*iding"fOT upou the strccts of Atlanta, by itself or its agents, directly or indi- of tranrfCT" by rcctly, to chargc or collect more than five cents for the transportation ways^ ^^'^ ^^^ ' of any person from any point on said line or lines to any other point April 7, 1897. Oil any line or lines owned or operated by said company, whether the same be for a continuous passage on a through line or by transfer to any other line or lines owned and operated by said company. Sec. 1336. Upon the payment of one full fare, as above provided, it shall be the duty of said railway company to transport such passen- ger to his destination, upon any line or lines of said company, and to furnish a transfer ticket, without additional charge, whenever it is necessary for such passenger to change to the car of any other line or lines operated by said company, in order to reach his said destina- tion.^ Sec. 1337. Any violation of the above ordinance, or any refusal to furnish a transfer ticket, as above provided for, by any officer or agent of any street railway company in said city, shall be punished by a fine of not less than ten ($10.00) dollars, nor more than one hundred ($100.00) dollars, or imprisonment not less than thirty days, in the discretion of the Recorder; provided, that nothing herein contained shall apply to any transfer beyond the corporate limits of the city on any outgoing car. Sec. 1338. The Street Inspector, or person appointed by the Com- street rail- missiouer of Public Works, is directed to notify the several street rail- roads. j.Q^Q companies now, or hereafter, doing business in the City of At- Duty of. lanta, what parts of the sidewalks or streets of the city crossed or used May 5, 1884. ^^^ ^^^j^ street railroad companies are out of repair on ncconnt of the 1 Sections 13.35 to 1.337 have been enjoined as Company by the Federal coiirts. Part III. — Ordinances. 325 tracks or running of the cars of such street railroad companies, or j^^_^^ .^ from the manner in which said street railroad is built and operated on *^''''^''^- the public sidewalks and streets of the City of Atlanta, and such street railroad company failing, on five days' notice, to keep and put such sidewalks and streets so crossed or used by such street railroad com- pany, in good, smooth, passable condition, it shall be the duty of the Commissioner of Public Works to prevent such street railroad com- city may do so. pany from crossing or using street or sidewalk so out of repair and not in good, smooth, passable condition, on account of such street railroad company, until the same can be properly repaired and placed in good condition for pedestrians or vehicles, which shall be done by the Com- missioner of Public Works, and the cost of such work shall be esti- mated by the Commissioner of Public Works and returned to the Clerk of Council, who shall issue execution therefor against such street rail- n. Ins. road company, and place the same in the hands of the Marshal, who shall collect and levy the same on any property of the street railroad company as usual in such cases for sales under city tax ft. fas. Sec. 1339. Street railway companies using electricity as a motive power with an overhead system of wires, shall erect and keep in good be erected. repair a guard wire (of not less than No. 6 gauge) tightly strung two feet above the wire or wires used to convey the current to the ciar motor. Sec. 1340. All companies or corporations having poles erected on ^ ^ =■ ^ Poles to be the streets or sidewalks shall be required to have the name of said painted, company or corporation stamped or printed on each pole. J""^ ^>. i89o. Sec. 13-11. Persons who are setting posts at the edge of sidewalks for the purpose of building fences, will not be required to apply to the ^n°''to"^set^^'^' Commissioner of Public Works for a permit to do so, but may remove ^ppHing^^o"* the brick necessary to set said posts, and replace same after being set. o^"'JJbTic°"*"^ The work of replacing to be done in a proper and workmanlike man- '^^'°''''^- ner, and if not so done, then the Commissioner of Public Works shall ^^"^ ^' ^^®^- have it done at the expense of the property owner. Sec. 1342. When an engineer, or party in charge of the motive power of any car, shall see that his car is the cause of frightening fn^'case of"'* horses attached to vehicles, it shall be his duty to slacken his speed and Ss!"et'c. cease the cause of fright as much as possible, and give the party driv- ing the horses an opportunity of getting off the street at the first crossing. In case of damage to life or property, that party in charge of the motive power of the car is to be held responsible, for it is clearly his duty to keep a close watchout as to what is going on in front of his car. Sec. 1343. Any engineer or person in charge of the motive power of any car violating any of the provisions of this ordinance, shall Penalty for ^ ^ ' ' violating: this upon conviction before the Eecorder's Court, pav a fine of not less than ordinance or ^ • directing such ten dollars and cost, or be imprisoned not less than ten davs upon the violation. 326 Part III. — Ordinances. To pay for 11 feet of streets paved before franchise granted. Abutters to re- ceive their pro rata. Paving of streets by street rail- roads. public works ; and any manager or agent in charge of any line of street railroad in this city, who shall give or cause to be enforced orders in conflict with the provisions of this ordinance, shall, upon conviction before the Eecorder, pay a fine of not less than twenty-five dollars, or serve not less than twenty-five days upon the public works. Sec. 1344. In all cases where a street railroad company shall desire to place tracks on any street which has already been paved, such street railroad company shall first pay into the city the cost of paving such street, the width of eleven feet thereof being the space between the track, and for three feet on each side thereof, and said city shall pay of said amount so paid into abutting property owners the pro-rata to which they are entitled. Sec. 1345. Whereas, The charter of the City of Atlanta was amended by the Act approved October 10th, 1891, so as to leave it discretionary with the Mayor and General Council of said city as to what proportion of the cost of street paving done before the occupancy of any street by any street railroad company should be paid by such street railroad company ; and Whereas, Before said charter amendment street railroad companies were required by Section 1144 of the City Code of Atlanta of 1891 (1344 of this Code), to pay the same proportion of the cost of paving done before as of paving done after the occupancy of any street by any street railroad company ; and Whereas, It is important to have some definite rule to be applied to all cases where a different rule of contribution is not especially made by the Mayor and General Council ; therefore. Be it ordained. That section 1144 of the City Code of Atlanta, 1891 (1344 of this Code), shall be the basis and rule of contribution to be required of street railroad or street railway companies on account of the paving of streets paved before the occupancy of such streets by any street railroad or street railway company; provided, nevertheless. that it shall be competent for the Mayor and General Council, in particular cases, on account of the worn condition of the pavement on any such paved street, to require contribution of a smaller amount than the full cost of eleven (11) feet, as required by Section 1144 of such Code as aforesaid. Sec. 1346. A second track shall not make any street railway com- pany laying it liable for belgian blocks or other improvements alread} made, but the blocks or other improvements shall be replaced after said second track is laid in condition acceptable to the City Engineer. Sec. 1347. In any case where a street railroad company pays into the city treasury any money as a rebate on account of street paving done before the laying of railroad tracks on a particular street, that part of such money going to abutting owners shall be distributed May 21, Rebate on street paving. March 24, 1895 Part III. — Okdixaxces. 327 pro-rata according to frontage amongst the owners of the property abutting on the portion of the street occupied by the railroad tracks. Sec. 1348. From and after the 20th day of December, 1897, that all electric railroad companies operating a line or lines in the City of fection'^orhu- man life and requiring fend- of the best and most improved design, to the end that injuries to per- sons shall be prevented and human life preserved. Sec. 1349. Any person, whether president, vice-president, su- perintendent, manager, conductor, motorman, or other officer or'^"'' "^' ^^^^' employe of any such railroad company, who shall, after said date, operate in said city, or cause to be operated, any electric car which is not equipped with fenders or life saving device as hereinabove pro- vided, shall, for each offense, upon conviction thereof, be punished by fine not exceeding one hundred ($100.00) dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of the Recorder's Court; provided, that nothing herein contained shall be construed to prevent a car that has been disabled out on a line from being operated through any of the streets of Atlanta on its way to the shops of any company for necessary repairs ; or on extraordinary occa- sions, when the Mayor, with the Electric and Other Eailroads Com- mittee, in their judgment, may grant permission to operate fenderless cars, the company assuming all responsibility. Sec. 1350. Xo transfer ticket or written instrument giving or ^^^^^^ radioad purporting to give the right of transfer to any person or persons f rom ^^''^^q^^'" J^^^; a street railroad car, operated upon the same or another line, or route ^'^''^bie. of said street railroad, in said city, shall be issued, sold, or given awav, except to a passenger lawfully entitled thereto, and by or from a duly authorized agent of the said street railroad company. Sec. 1351. Any person, other than a duly authorized agent of the aforesaid street railroad company, who shall, in said city, issue, sell. ^'™'''*^-- exchange or give away such a transfer ticket with intent to have the ''''''■ ^^' '^^^' same used for passage, and any person or persons not lawfully entitled thereto, who shall offer for passage such a transfer ticket, shall be guilty of an offense for each and every act, and on conviction thereof shall be punished by imprisonment not to exceed thirty davs, or fined not exceeding one hundred dollars, either or both, in the discretion of the Eecorder's Court for each and every such offense. Sec. 1351 (a). All street railways and lines, and parts of lines hereafter constructed, and put into operation within the limits of the ^'^^^''-'^l "'1'- ^. '- ^ nance for the bity ot Atlanta, as now or hereafter defined, shall be constructed and ^'''n*^''"^*\°" . ^ and reg:ulation operated under the provisions of this ordinance, and amendments °'\.^^''^^^ ■■^"' thereto, which may be hereafter made concerning the regulation of the ^^„ ^ ^g^ operation of street railways, and all existing street railway companies, having lines already constructed and in operation in the limits of the 328 Paet III. — Ordinances. All new liiKs. ^'^^y 0^ Atlanta, which shall apply for and accept privileges to con- Son""of^'any ^truct a uew line or lines, to extend an. existing line or lines, or to come^under'"' connect OP otherwise change existing lines, shall thereupon become of'^wrOTdT-"'' '^^^ thereafter be subject to the provisions of this ordinance, and nance. amendments thereto, which may be hereafter made, touching regula- tions as aforesaid. Sec. 1351 (&). This ordinance shall enter into and form part of Becomes part the contract granting power and authority by the City of Atlanta to of future con- j j -i j r* • • j tracts. any street railway company, or to any person, firm, or association to construct and operate a line, or an extension, or addition to any exist- ing line or system of street railways in the City of Atlanta, subject, however, to the right of the city to amend said ordinance, as to mat- ters of regulation as aforesaid. Sec. 1351 (c). The duty and obligation of street railway compa- Does not affect nies to pay for paving, repairing and keeping in repair the proportion as to paving, of the roadway of streets and alleys occupied by their tracks required by the city charter, to pay ad valor em taxes on their properties, and to pay occupation taxes on their business, are in no way to be impaired by the operation of this ordinance. Sec. 1351 (d). The City of Atlanta reserves the right to regulate the location of the street railway tracks, wires, poles and conduits, City may or- .; 7 7 i der change of and their construction, and to require the change of such location, tracks on any ' ,t^ o street. when ill the judgment of the ^layor and General Council such change is required by the public interest ; the expense of such change to be borne by the railway company or companies ; provided, when a change of location is ordered to allow another company to lay a track on the same street the expense of removal shall fall on the company for whose benefit the change is made. Sec. 1351 (e). The City of Atlanta reserves the right to subject May condemn ^^J part of the liucs and tracks of all street railway companies, not tracks°for use cxcceding fivc blocks at any one point, on such line or lines, to use l)y panks.^' '^^^ other companies upon payment of just compensation, to be judged of and fixed by the Mayor and General Council, either upon the basis of a certain sum in full for such use, or of annual payments therefor, except in so far as this ordinance may conflict with prior and subsist- ing grants to any company or companies. Sec. 1351 (/). It shall not be lawful, hereafter, for power and Conditions un- authority to be granted to any person, firm, corporation, or associa- percentage of tlon of pcrsous to coiistruct and operate a street railwav system, or line gross receipts ^ . n t • . • ' i- of street rail- or extcnsiou of, or addition to an existing system, or line oi street way companies . . , must he paid railway in the City of Atlanta, except upon condition requiring the Atlanta. payment to the City of Atlanta by such person, firm, corporation or association of persons of a percentage, to b,e fixed by the Mayor and General Council, at not exceeding five percentum per annum, of the gross receipts of the street railway husiiicss eondiu-ted In- such person. Part III. — Ordinances. 329 firm, cor})oration or association of persons from fares for carrying- passengers, as partial compensation for the use of the st^reets occupied and used by the tracks, poles, wires, cars and appliances of such street railways ; provided, that no such percentage from gross receipts will be required to be paid by any company until the expiration of tho grants made to or for the use of the Atlanta Consolidated Street Rail- way Company, approved May 20th, 1891, unless the company obtain- ing such grant, its successors or assigns should consolidate, unite, or by any manner of means, direct or indirect, have the same or reciprocal management, or an understanding of any sort as to the operation of such line in connection with any other existing line, in which event said five per cent, shall become at once a charge on said road, and the existing road entering into such combination or arrangement shall also be liable to pay such five per cent. ; provided, a reciprocal use of transfer tickets by two or more lines, if assented to by the Mayor and General Council, shall not subject the companies to the payment of tax on gross receipts before the expiration of the grants of May 20th, 1891. Sec. 1351 {g). The City of Atlanta reserves the right to require a street railways reasonable contribution, to be judged of by the Mayor and General ^j^'f^™"^"^" Council from any and all street railways toward the cost of building, anTmafnte" rebuilding and keeping in repair bridges crossed by their tracks, {^^^1''^^ whether such bridge be erected before or after the occupation of the theiftSs. street in which the bridge is situated by the tracks. Sec. 1351. (/;). iSTo person, firm, corporation, or association here- after obtaining authority or consent to construct or operate a line or ^'^'''™"'" ^^^''^ system of street railways in the limits of the City of Atlanta, as now or hereafter defined, shall be permitted to collect for fares for single passengers from one point of the line or system of such company to any other point on the line or system of such company in the city limits as aforesaid, more than for one continuous trip from 5 a. m. to 12 p. m. five cents, nor more than for one continuous trip from 12 p. m. to 5 a. m. ten cents. Sec. 1351 (;). No street railway companv shall ever be permitted iiip-T. ,. „.,,. .' ^'ust not haul to haul freights on any portion of its lines m the streets of the City f-'-i&'it- of Atlanta. Sec. 1351 (/,•). Xo reservation of power heretofore made by the city in general or special ordinances, or contracts, with reference to srmpiy'eniar^e street railways or other business, is hereby repealed or modified, ex- ^^S's o?^ cept as the same may be hereby enlarged, nor is any requirement as PrcUv7o''c1>n- to the payment of rentals by street railway companies for the use of ways!'"'"' "'^' tracks across any bridge or bridges in any way hereby impaired. All Applies to the provisions of this ordinance and of amendments which may be ?airwf;''com- made thereto shall apply to the successors or assigns of street railwav "'"''^'- 330 Part III. — Ordinances. Expirations of grants to ex- tend lines. companies equally Avith existing companies or those first taking the grants. Sec. 1351 (/). All grants of consent and authority to extend exist- ing lines, or enlarge an additional system of street railway, shall expire with the date of the expiration of the first grant to the com- pany owning or operating the original line or system so added to or enlarged. Sec. 1351 (w). The style and size of rails, to be used by any street railway company, in laying new tracks or in renewing tracks, shall be subject to approval by the Committee of the General Council on Elec- tric and Other Railroads, and the city also reserves the right to require a change of the kind of rails used in order to conform to the pavement used, or to be used on the street or portion of street, or in order to promote the safety of travel along the street.' Rails to be laid to be un der the direc- tion of Com- mittee on Electric and Other Rail- roads. Aug. 22, 1899. CHAPTER XXXVI. RAILROAD COMPANIES — DUTIES AS TO FLAGMEN — CROSSINGS, ETC. Section. 1352. Flagmen— at what crossings— and their duties. 1353. Officers of roads issuing unlawful orders. 1354. Flagmen act as policemen. 1355. Getting on and oflf trains— penalty. 1356. Employes of roads empowered as spe- cial policemen — when and how. 1357. Loitering around railroad tracks. 1358. Not whistle within limits of city. 1359. Must get permission to lay tracks across or along streets, alleys, or squares. 1360. Penalty for work without permit. 1361. Must not obstruct crossings longer than three minutes. 1362. Powell street crossing. 1363. Watchman and railroad crossings— pen- alty. 1364. Discharging freight on railroad crossing. Section. 1365. Prohibits switching on certain cross- ings. 1366. Only one train to move over crossing at a time. 1367. Not pass between engine and flagman. 1368-1372. Mitchell street crossing. 1373. Switching trains. 1374. Peters street crossing. 1375. To fix hours of watchman at Whitehall railroad crossing. 1H76. McDaniel street crossing. 1377. Not jump on or off moving trains. 1378. Railroad companies to build and repair bridges. 1379. Served by Engineer or assistant. 1380. City may do work at experse of road— when. 1381. Street car track crossing. Flagmen. Speed of trains. Section 1352. It shall be the duty of the railroad companies using the tracks across Whitehall, Forsyth, Castleberry, Pryor. L(iyd, Simpson, Thurmond, Foundry, Peters and Mitchell streets, in the City of Atlanta, to place and keep a sufficient number of flagmen at said crossings, whose duty it shall be to prevent all railroad trains passing said streets from going at a greater rate of speed than four miles per hour; and further to protect the lives of persons passing along the streets at the points mentioned. All railroad engineers or firemen who drive or run an engine or train across said Whitehall street, or across Pryor, Loyd, Forsyth, Peters, Mitcliell or Foundry Applications for franchise must be advertised. See Section 1526. Part III. — Ordinances. 331 streets in said city, at a greater rate of speed than fonr miles per hour, shall be deemed guilty of a violation of this ordinance, and, upon conviction thereof before the Eecorder s Court, shall be punished by a fine of not less than twenty dollars, nor more than one hundred dol- lars, or imprisonment not to exceed thirty days. Sec. 1353. Any railroad officer or official who shall issue, or cause Railroad of- to be issued, any order providing for the passing of engines or trains *"^^' over the streets mentioned above at a greater rate of speed than four miles per hour, shall be fined by the Recorder's Court, fifty dollars for issuing said order, and twenty-five dollars for every day that such order shall remain unrevoked. And in default of the payment of such fine, the officer shall be punished by imprisonment in the station- house not to exceed thirty days. Sec. 1354. It shall be the duty of the flagmen to flag each passing train as it approaches and leaves Whitehall street ; and said flagmen Flagmen to shall be clothed with all the powers of policemen for the purpose of men. arresting any and all persons violating the provisions of this ordi- nance. And it shall further be in their power, and their duty, to arrest all persons endeavoring to rush ahead of passing trains, in a disorderly manner, and to prefer charges at the stationhouse against such per- son, who shall be tried by the Recorder's Court, and if found guilty, may be fined in a sum not exceeding, one hundred dollars, or impris- onment not to exceed thirty days, in the discretion of the court. Sec. 1355. All persons connected with railroad trains, "including Qetting on and street cars and dummy lines," are prohibited from getting on or off°*^ *'"^'"'- the engine or cars within this city, unless for the bona fide purpose of taking passage on the same, and all offenders shall be arrested by any special or other policeman of this city, and, on conviction, shall be fined not exceeding five dollars, or be imprisoned not exceeding twenty- four hours, in the discretion of the Recorder's Court. Any person, not a bona fide passenger, jumping on or swinging to or getting off a moving train in said city shall be subject to same punishment. The conductors of such railroad trains, and the conductors or drivers of such street railroad cars or dummy lines, shall be clothed with all the powers of policemen, for the purpose of arresting any and all persons violating the provisions of this ordinance, or any part thereof. Sec. 1356. The Board of Police Commissioners is authorized to appoint and empower as s^pecial policemen a sufficient number of the special poUce- employes of each railroad company, whose names shall have been furnished the board by such company, to enforce the above ordinance ; and said special policemen shall, in every instance, serve without expense to the city ; such authority shall cease whenever such employe ceases to be an employe of the railroad presenting his name to the board, or whenever revoked by the board; provided, however, that nothing in this ordinance shall be construed so as to interfere with men. 332 Part III. — Ordinances. persons meeting friends, or seeing them off on the train or cars, when the same are not in motion. Sec. 1357. It shall be unlawful for persons under age to play and aroundTaiiroad loiter about and upon the railroad tracks and shops within the city, track. .^j^^ j£ doing SO, may be ordered away by a special policeman, or other policeman of this city, and if they refuse to leave, may be arrested by said policeman, and shall, on conviction, be fined not exceeding five dollars and cost, or be imprisoned not exceeding twenty-four hours for such offense, in the discretion of the Kecorder's Court. Sec. 1358. Any person operating any locomotive engine who shall Whistling blow the whistlc thereof within the corporate limits of the city, shall. Jan. 24, 1882. Power of Coun cil. porate Hmits. on couviction iu the Eecorder's Court, pay a fine of not more than Sept. 5, 1881. one Iniiulred dolUirs, or be imprisoned not longer than thirty days; Nov. 17. 1896. pro ri (led, it shall not be unlawful for engineers to blow the whistles of their engines as they approach Bellwood Crossing as they are going out of the city. Any railroad company that may desire to lay down any railroad track, or tracks, along or across any street, public alley or roads across sQuare withiii the corporate limits of the city, shall, before doing so. streets, alleys ^ ^ -, ni -itj^-j- . or squares. present iu Writing to the General Council an application tor permis- sion to do so, which application shall show the streets, alleys or squares ,. . , which thev desire to cross, or run uijon, and to what width or length. Application for " '■ permission. ^^yid at wliat grade. If the General Council sliall require, the En- gineer of the city shall make an examination and report what changes the proposed work will make to such streets, alleys or squares as will be affected thereby, and whetlier the proposed plans are proper and satisfactory. Said body may authorize, modify, or reject and refuse the application, as may, in their judgment, be for the best interest of the public. Sec. 1359. Any person or persons who shall enter upon any street, alley or square, within the city, and do any work thereon, either by excavating earth or by laying cross-ties, stringers, rails, or otherwise, for tlie purpose of constructing railroad track or tracks along, across, or upon the same, without first making application to and obtaining the consent of the Mayor and General Council, shall, upon conviction, be fined not more than five hundred dollars, or imprisoned not longer than thirty days, either or both, in the discretion of the Recorder's Court. Sec. 1300. Any engineer or otlier ])erson in charge of an engine, with or without cars attached, who shall rnn the same through any part of the city at a greater rate of speed than^ six miles an hour, shall. Oct. 16, 1882. on conviction, be fined not more than five hundred dollars, or impris- vfo"iation*^'^ oned not longer than thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 1301. Any conductor, engineer or oilier employe of any railroad company, having tracks running across the public streets of Speed of train. Part III. — Ordinances. 333 tliis city, who shall obstruct said streets or prevent the passage of vehicles and pedestrians longer than three minutes at any one time, shall on conviction be fined not more than one luindred dollars, or im- prisoned not longer than thirty days, either or both, in the discretion of the Recorder's Court, for each offense ; provided, however, that pas- senger trains shall be allowed to obstruct street crossings not exceed- ing five minutes. Sec. 1362. The Georgia Railroad and the Richmond and Danville poweii street Railroad are hereby required to keep a watchman at the crossing of "'°*^'"^- Powell street in front of the piano factory. Sec. 13()3. It shall be unlawful for any railroad company to run train? over any crossing of any street and the railrojid tracks of such railroad cross- company after being required to station a watchman at such crossing without placing and keeping such watchman stationed there. A vio- lation of this ordinance shall be punished on conviction thereof by fine of not more than one hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of the Recorder's Court. Sec. 136-1. It shall not be lawful to discharge cars loaded with pj^^.j^^^. ^^ any character of freight whatever, by drays, at Whitehall, Loyd or ^J^^^^l^ °ctos^- Pryor street crossings, or in any manner obstruct said crossings or ^^^s. sidewalks. Shippers will be held liable for all cars consigned to them ^^'p*- ^^' ^^''''• and placed on sidetrack at the south side of the passenger depot for their benefit, who will be required to see that their cars, loaded or empty, do not obstruct said crossings or sidewalks. Any railroad company, through its hostlers, switchers, conductors or other employes, shippers or consignees, private or pul)lic draymen, violating this sec- tion, shall, on conviction, be fined not exceeding fifty dollars, or im- prisoned not exceeding thirty days, in the discretion of the Recorder's Court. Sec. 1365. It shall be unlawful for any rainvay company or cor- poration, or the agents of any railway company or corporation, to shift, iiibited on cer- switch, or make up trains of cars, or run cars or engines over White- within certain hall, Pryor, Lovd or Mitchell street crossings, between the hours of '° „ ,',^ -, ., ^ Julv 7, 1S90. 6 a. m. and 10 p. m., and any railway company or corporation, or an\ of its agents, violating the provisions of this ordinance, shall, upon conviction before the Recorder's Court, pay a fine of not less than one hundred dollars, nor more than five hundred dollars, for each offense : provided, that nothing herein contained shall be construed to prevent passenger trains from entering or departing from the union depot, or from transferring loaded or empty freight cars to connecting roads, n- to prevent the delivery of through freight or of local freight to con- signees having side track privileges, but at no time shall any car or engine pass over the above named crossings between the hours of (> a. ni. and 10 p. m., without being preceded by a flagman. Sec. 1366. That when two or more engines or cars are approach- 334 Part III. — Ordinances. ing either of the above named crossings at the same time, all but the one car nearest the crossing shall come to a dead stand, and remain so until the first has completely cleared the crossing, and so on until all engines or cars have passed. This shall not apply to regular pas- senger trains going into and out of the union depot; frovided, that only one train shall be in motion at the same time. Any engineer or agent being in charge violating the provisions of this section, shall, upon conviction before the Eecorder's Court, be fined not less than twenty-five dollars, nor more than one hundred dollars, for each offense, and upon failure to pay said fine, shall serve not less than ten days, nor more than thirty days, on the public works. Sec. 1367. Aiter the passage of this ordinance, it shall be unlaw- ful for any person to pass or attempt to pass between the flagman and the engine or cars that he is preceding, over any of the above named crossings. Knj person violating this section shall, upon conviction before the Eecorder's Court, be fined not less than five dollars, nor more than twenty-five dollars, nor serve not less than five days, nor more than twenty days, on the public works. Sec. 1368. The tracks of the Central Railroad and of the East Ten- „•. , „ nessee, Virginia and Georgia Railroad at Mitchell street shall be di- Mitchell street ^ o o road crossings, vided iuto two crossiugs — the division line being between the tracks of the outgoing and incoming trains of the Central Railroad main lines. On the tracks of the east side crossing only one engine and train of cars can be used at a time, and the street shall not be blocked over three minutes. On the west side crossing one engine and train of cars can be used at a time, and the street shall not be blocked over three minutes. When there is an engine or engine and cars on the tracks of the East Tennessee, Virginia and Georgia Railroad on Mitchell street, then the Central Railroad shall keep the tracks on the west side of its crossing clear. When either the outgoing or ingoing track is occupied by an engine or an engine and cars, which shall not be over three minutes at a time, then all the other tracks of both the east and west side crossings shall be kept clear. Sec. 1369. No engine or train of cars shall come over or cross Mitchell street on said tracks without a flagman going immediately ahead of the same for the express purpose of preventing any accident or damage to person or property. Sec. 1370. Nothing herein contained shall l)e construed into any vested right to said Central Railroad, but this ordinance can be re- pealed at any time in the discretion of the Council. Sec. 1371. Any person in charge of a train, or any engineer violat- ing the provisions of this ordinance, shall be fined not exceeding one hundred ($100) dollars, or sentenced to the city stockade not ex- ceeding thirty days, in the discretion of the Recorder's Court, ui)on conviction thereof. Part III. — Ordinances. 335 .Sec. 13T"3. The Central of Georgia Eailway Company shall plac3 a stone post at each end of said dividing line, so as to enable the police otficials to detect any violation of this ordinance. Sec. 1373. It shall not be unlawful for the several railroads entering switching said city to switch freight trains arriving in said city after midnight *''*'"^' on Saturday night up to eight o'clock on Sunday morning; nor shall ''^'*'''''' ^*' ^^'''' it be unlawful for such railroads to switch freight cars containing live stock or perishable freight at or after the hour of ten o'clock Sunday night. Sec. 1371. The ordinance heretofore passed requiring the main- taining of two watchmen at each of the railroad crossings on Peters crossing— num- street and Whitehall street in West End is so amended as to require men. said railroad companies hereafter to keep only one watchman at said March it, isye "Whitehall street crossing and two watchmen at Peters street crossing. Sec. 1375. The ordinance heretofore passed in reference to keep- '■ _ . ^ To fix hours of ins: watchmen at crossing of railroad on Whitehall street, at intersec- watchman at '^ Whitehall tion of Peters street, is so amended as to require said watchman to railroad cross- remain at said crossing from jS'ovember 1st to May 1st from 7 a. m. , , „„ ,„„„ ° -^ July 23, 1897. to 6 :30 p. m., and from May 1st to November 1st from 8 a. m. to 8 p. m., on every day except Sunday. Sec. 1376. The Central of Georgia Eailway Company and the At- ^j^^^^ ^^ McDaniel street crossing. liel street, over the tracks of said railways, from 6 a. m. until G p. m. Sec. 1377. It shall be unlawful for any person to jump on or off a moving train at Piedmont Park, and any person convicted before the iT'movmT ""^ Eecorder's Court of violating this section, shall be punished by a fine ueT^ p'""'''''' not exceeding one hundred dollars, or imprisoned in the station- oct. it, isst. house or stockade not exceeding thirty days, or both these penalties, in the discretion of the court. Sec. 1378. In all cases in which a railroad company, or street railroad company, is required or liable by law to build bridges in said buiid°\nd "re- city, or to keep bridges or crossings in said city in repair, on or across and crosfhfgs. a street or streets crossed by the tracks of a railroad company, or a street railroad company, such railroad company shall, when the build- ing of a new bridge, or the repair of a bridge already built, is cle-^^.^^^^ Glared by the Mayor and General Council of said city to be necessary or proper, be notified by the Engineer to commence the building of such bridge within ten days, and prosecute the same in good faith to completion. That when, in the judgment of the Committee on Streets and City Engineer of said city any such bridge or crossings shall be m need of repair or work to render it safe, such railroad company or street railroad company shall be notified by said City Engineer to com- ^o^mplnj? mence the repair thereof or work thereon within ten days, and prose- cute in good faith such repair or work to completion. 336 Part III. — Ordinances. If railroad company re- fuses city to do work and issue execu- tion. Sec. loTJ). The notice provided for in the preceding section shall gfneer o'r^ As-" ^® ^^ Writing, and scrvcd by the City Engineer or his assistant, on sistant. |-]^g principal officer of any such railroad company, or street railroad Sept. 21, 1SS5. company in said city, or by leaving the same at the principal office of o7t^'[s'^ord^'°'^ •^•^I'^'li company in said city. Said notice shall contain a general plan tioS'Ssooffhis '^^^^ character of the bridge to be built or repaired, and materials of '~^°^^' same, or description of work to be done at a crossing, as also a refer- ence to the subject matter of the third section of this ordinance. Sec. 1380. Should a railroad company or street railroad company so notified as above, fail or refuse to commence in good faith the build- ing or repairing of a bridge or the repairing of a crossing within the time specified in said notice, and in accordance with the foregoing provisions, or notify said city of a refusal to comply with the notice served, then, and in that event, said city will proceed and do such work of building or repairing such bridge or crossing at the charge and expense of such railroad company or street railroad company, and within five days after the completion of said work by the city, the City Engineer shall report under oath in writing to the City Clerk of said city the amount and value of the services performed or expense in- curred in said work, whereupon said city shall issue execution (as other executions are issued by said city) for the amount of such value or expense and the costs of the proceeding against such defaulting railroad company or street railroad company, to which execution a defense may be made and filed, as in other cases of illegalit}', on oath to the 31ayor and General Council of said city, and heard by said Mayor and General Council on ten days' notice to such railroad com- pany or street railroad company by said city; said notice to be in writing, signed by the City Clerk, and served in the manner prescribed in Section 1380 by the City Marshal or Messenger. Sec. 1381. All street railroad companies operating lines of rail- way in the city of Atlanta be, and they are, hereby required to close all openings in the street beside their tracks with asphalt, so as to make such street level and safe for the passage of vehicles alons: or across such tAcks. A violation of this ordinance or a neglect to so close these openings within ninety (90) days from the passage of this ordi- nance, as to tracks already laid, or within twenty (20) days after the laying any new tracks, shall subject the offenders, on conviction, to a fine not exceeding one hundred dollars, in the discretion of the Re- corder's Court. street car track crossings. Apr. 21, 1892. Penalty i Part III. — Ordinances. 337 (MlAl'TER XXX VII. CITY WKHillEUS, WEIGHTS AND :\1EASURES. Section. 13S2. Standard weights. 1383. Penalty. 1384. WoodyaidiS. 1385. Public weighers. 1386-1387. Salaries of Public 1388. How appointed. 1389. Duty of. 13!XJ. Books of. 1391. Service of. 1392. Books— how furnished. 1393. Fees— who pays. Section. 1394. Coal dealers. 1395. Wagoners. 1396. Weighing — amount per ton. 1397. Changing certificate. 1398. Certificate. 1399. Driver must have certificate. 1400. Selling part for all. 1401. Interfering with Public Weigher. 1402. Weighers— when appointed. 1403. Weighers' certificates. Section 1383. The ]\Iarshal shall procure from the Ordinary a set of standard weights and measures, and shall examine each and every scale, and other instrnment for weighing and measuring in this Weights, city, and all weights and measures shall conform to said standard, and for each examination and arrangement of such scales, weighing machine or measures, he shall receive the sum of ten cents, and shall stamp the instrument with the letter A. Sec. 1383. If at any time after the arrangement of such measures „ ,^ •^ ° Penalty. or weighing machine the Marshal shall find it not in conformity to said standard, he sliall report the person using such false measure or weigh- ing machine, and such offender shall, on conviction, pay a fine of not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, either or both, in the discretion of the Recorder's Court. Sec 1384. All dealers in wood at wood yards in this city, after thirty days from this date, are required to put up racks for one-eighth, ^'^°°^ ^'^'''^^' one-quarter, one-half, and one cord, and that all wood sold from such^'*'^'^' yards be measured in such racks ; and upon failure to comply with the requirements of this ordinance by any such dealer, shall, upon convic- penalty, tion, be fined in a sum not exceeding twenty-five dollars for each offense, in the discretion of the Recorder's Court. Sec. 1385. A system of public weighing is hereby established, puWic weigher, and the scales put in service by this ordinance shall be the standard for the City of Atlanta. Sec. 1386. Two City Weighers shall be employed. One for the north side of Atlanta, for the scales at the Artesian Well, and one for the south side of Atlanta, for the scales at the County Courthouse. The salaries for the same not to exceed sixty ($60.00) dollars per month each. Sec. 1387. The salaries of the two Pul.)lic Weighers next to be fixing salaries ^ Public Weigh- appointed, is hereby fixed at six hundred dollars, each per annum, ^''^ n.^^t to be payable in monthly installments. ■'•i"- 5, isgs. Sec. 1388. (22) Tlie Pul)lic Weighers shall be appointed annually bv 338 Part III. — Ordinances. How appointed. the Maj-or, subject to confirmation by two-thirds of the General Coun- cil, and shall give a bond, with good security, in the sum of five hun- dred ($500.00) dollars, for the faithful performance of their duties as City Weighers, and shall be subject to removal at any time for cause. Sec. 1389. It shall be the duty of the City Weighers to weigh all coal, hay, straw, grain, or any merchandise, or anything that may be brought to them to be weighed, and shall not charge exceeding ten cents per ton, or fraction thereof, for net weight; provided, that all coke and coal shall be weighed free of charge. It shall also be th^^ duty of the City Weighers to inspect all scales in the different coal yards in their respective territories, or all wagon scales, at least once in each six months, and oftener if necessary, and for which service thev shall charge a fee of fifty cents. The City Weighers shall be supplied with blank certificates, and shall furnish a duly attested certificate for each pair of scales inspected by him, and said certificate shall be posted in a conspicuous place near the scales inspected, and it shall be unlawful for any dealer to weigh with such scales without a duly at- tested certificate within date. Sec. 1390. The City Weighers shall, under the direction of the Mayor, keep regular books, showing the work done in their depart- ments for which fees have been earned. Said books shall be furnished by and shall be the property of the city. Sec. 1391. It shall be the dtity of each City Weigher appointed under this ordinance to attend at the public scales for which he is ap- pointed from sunrise to sunset of every day (Sunday excepted), and to weigh every load of coal or merchandise, or whatever article or thing which may be presented to be weighed, and to give to the person pre- senting the same a certificate of gross, tare and net weight thereof ; to enter in suitable books, in tabular form, every load of coal or other thing weighed, designating the kind and weight thereof, and for whom weighed; to receive and receipt to the Comptroller for all blank cer- tificates which he may use or obtain ; to settle with the Comptroller on the last Saturday in each month for all blank certificates, and pay to the City Tax Collector on Saturday of each week all moneys received by him as weigher, or for inspecting scales, taking duplicate receipts therefor, one of which shall be filed with the Comptroller ; and to per- form such other duties as may be required of him by ordinance. Sec. 1392. The Comptroller shall furnish the weighers at scales belonging to the city with all blanks, books and stationery necessary to carry on a system of public scales Sec. 1393. All fees allowed to be charged by this ordinance shall be paid by the person requesting such weighing to be done, unless otherwise specially provided for by law or by the owner of the article Books, how furnished. Fees, who pays. weighed. J' Part III. — Ordinances. 339 Sec. 1394. All coal dealers in the City of iVtlanta shall have thoii^^^^j dealers, wagons weighed by one of the City Weighers at least once a week, and procure a certificate therefor — which shall be done without charge or fee. They shall weigh their wagons every day, and in wet and muddy weather shall weigh the wagon every load, and give the weight of the wagon and the net amount of coal on regular blanks made to contain the name of the dealer, the weight of the wagon, the net weight of coal, and the name of the driver of the team ; and for a violation of this sec- tion, upon conviction before the Recorder, shall pay a fine of not less than ten dollars, or serve not less than ten days upon the public works, either or both, in the discretion of the Recorder's Court. Sec. 1395. It shall be the duty of all owners of wagons or other Wa,sroners. vehicles that may be employed in hauling coal in the City of Atlanta to have their wagons or other vehicles weighed at least once every week, and no Public Weigher shall issue his certificate for any wagon or other vehicle when the date of its being weighed is longer preceding than one week, and it is hereby made the duty of the Public Weigher to furnish a certificate of each wagon or vehicle weighed by him once a week free of charge. And it shall be unlawful for any dealer in coal to deliver coal in any wagon or vehicle that has not a Public Weigher's certificate within date. It shall also be the duty of any owner of any wagon or other vehicle to have the same reweighed immediately after said wagon or other vehicle has been repaired; and if any owner or driver of any wagon or other vehicle shall alter or change any part of said wagon or other vehicle after the same shall have been weighed, the said wagon or other vehicle shall be immediately reweighed before using, and for a violation of any part of this section shall, upon con- viction before the Recorder's Court, pay a fine of not less than ten dollars, or serve not less than ten days upon the public works. Sec. 1396. Every person, firm or corporation purchasing a ton of eoal shall be entitled to receive two thousand pounds, and a propor- I^ount^er tionate amount for any portion of a ton purchased ; and every person, for''fafse^ ^ firm or corporation shall deliver two thousand pounds of coal for each cate^^'* '^'^'^'^ ton purchased from such person, firm or corporation, and a propor- tionate amount for any part of a ton so purchased; and every City AVeigher appointed under the provisions of this ordinance, who shall be guilty of giving a false certificate as to the number of pounds of coal weighed by him, as required by this ordinance, and every person, firm or corporation who shall neglect or refuse to comply with any provision of this ordinance, or who shall deliver to any purchaser a less quantity than two thousand pounds of coal for every ton pur- chased, and a proportionate amount for any fraction of a ton, shall, upon conviction before the Recorders Court, pay a fine of not less than twenty-five dollars, or serve not less than twenty-five days upon the public works, either or both, at the discretion of the court. 340 Part IIJ — Ordiis^ances. Changing cer- tificate. Sec. ISDT. Any person changing the amount on a certificate given by a City Weigher, or any marks or brands upon scales, shall, upon conviction before the Eecorder's Court, pay a fine of twenty-five dol- lars, or serve twenty-five days upon the public works. Sec. 1398. Each and every person, firm or corporation engaged in the business of selling coal in the City of Atlanta, to be delivered within said city, shall cause to be delivered to the purchaser at the time of delivery of the coal purchased a certificate duly signed by a City Weigher, appointed under the provisions of this ordinance, showing plainly the weight of the coal so delivered; or the seller of said coal shall, at the time and place of the sale or delivery thereof, weigh or cause to be weighed the coal so sold or delivered, which weighing shall l)e done in the presence of the purchaser, or his or her, or their agent, if he, she or they shall desire or see fit to be present. Any dealer in coal, or his agent, refusing to allow the buyer, or their agent, to see their coal weighed at the place where purchased, and who shall also re- fuse to send the same to the city scales, on account of location, without extra charge as to hauling or price of coal, shall, upon conviction be- fore the Eecorder's Court, pay a fine of twenty-five dollars, or serve twenty-five days upon the public works of said city ; provided, a second conviction for either of the offenses shall work a forfeiture of license to do business in said city. Sec. 1399. It shall be the duty of any police otfieer of the City of Atlanta, and the right of the purchaser, to demand of the driver of any such wagon or other vehicle to produce his certificate of weighing, and, if he deems it necessary, to order him to drive his wagon or other vehicle, with its contents, to either one of the city scales and have the Driver must have certifi- cate. police. same weighed thereon; but no weigher shall charge for the weighing of the wagon or other vehicle, and if the gross or net weight be found less by forty or more pounds, or tare by ten or more pounds than the weigher's certificate in the hands of the driver calls for, to arrest or have arrested, as the case may be, such driver, and also seize his wagon or other vehicle and the load therein, and enter a written complaint against him forthwith before the Eecorder's Court for a violation of this section, and, upon conviction, shall be fined in the sum of not more than one hundred dollars and costs, and if the same is not paid forthwith, the said wagon or other vehicle, with the contents, shall be sold by the Marshal in three days after sentence is passed by the Eecorder's Court, and the fine, when collected, shall be paid, one-half to the complainant and the other to the city ; provided, that one of the City Weighers shall forthwith, upon such arrest, inspect and test the scales whereat the certificate was granted, and also those whereat the second weighing was done, and they both are by him found accurate. And any driver of any wagon or other vehicle who shall refuse to pro- duce his certificate, or upon the demand of any police officer or the Part III. — Ordinances. 341 purchaser to drive his wagon or other vehicle, with its contents, to one of the city scales for the purpose of being reweighed, as aforesaid, shall, upon conviction, before the Recorder's Court, pay a fine of not less than ten dollars, or serve not less than ten days upon the ])ublic works, either or both, at the discretion of the court. Sec. 1400. Any person who shall have had any article weighed and seiiins pait received a certificate of the weight thereof, who shall sell or dispose*'"' ''"■ of a part thereof, and afterwards sell, or offer to sell, or to deliver to P"^'"''^*^-^'- the purchaser thereof the remainder as for the quantity called for in his certificate, or shall change, alter or in any manner falsify the cer tificate of the weigher, or shall perpetrate any fraud on the weigher or purchaser, or shall knowingly suffer any of these things to be done, shall, upon conviction before the Recorder's Court, pay a fine of not less than fifty dollars, or work upon the public works for not less than thirty days, either or both, at the discretion of the court. Sec. 1401. Any person who interferes with the public scales or the City Weighers while in the discharge of their duty, by demanding or with Pubtic exacting more weight of and for the article weighed than what he de- Penalty, clares it to be, or by threatening or menacing him, or by using harsh or abusive language to him wdiile in the discharge of his duty as a public officer, or who shall interfere with any person or persons who are about to have w^eighing done, by menacing or otherwise abusing them therefor, or by using unseemly, profane or offensive language toward them, shall, upon conviction before the Recorders Court, pay a fine of not less than ten dollars, or serve not less than ten days upon the public works. Sec. 1402. That it shall be the duty of the Mayor of the City of Atlanta to appoint the Public Weighers on the first Monday in March, when 'fp^oint- of each year, subject to the provisions of the third section of this ordi- ^^' nance now in force. Sec. 1403. The Public Weighers of the City of Atlanta shall be required to sign certificates of weight in person, and said certificates tmcates.^" shall be made out in ink. CHAPTER XXXVIII. treasurer. Section. 1404. Oath and bond. 1405. Duties. 1406. Excess of $5,000— how deposited. Section. 1407. Must Iveep accounts of deposits. 140S-1409. Warrants— how drawn hy May( and Comptroller. Section 1404. The Treasurer, before he enters on the duties of hisoath office, shall take and subscribe the usual oath, and shall give bond, with two or more good and sufficient securities, in such sum as the Mav- and bond of Treasurer. 342 Part III. — Ordinances. Salary. °^" '^'^^ General Council may fix, but not less than the minimum sum named in the charter, and receive for his services such compensation per annum as shall be fixed by the Mayor and General Council before his election, which shall not be changed during his term, and shall do all such services in his department as may be pointed out in the ordi- nances of said city. Sec. 1405. The Treasurer shall keep a fair book of entry of all Duties. sums of money he may receive and pay out, and shall furnish the Mayor and General Council with a detailed report of all receipts and expenditures, and the different orders upon which money has been paid out by him, and all the different sources through which he has received money ; this report he shall submit to the General Council every three months, and his books shall at all times be subject to the inspection of the Committee on Finance. He shall pay out no money but upon orders properly passed up, and drawn up and signed by the Comp- troller, and countersigned by the Mayor, or in his absence, or disability to act, the Mayor pro tern. And he shall make daily reports to the Comptroller of all moneys paid to him and disbursed by him, and from whom received and to whom paid and on what account received or paid. Sec. 1406. The moneys in the hands of the City Treasurer, belong- Funds in ex- ^^S ^0 tlic City of Atlanta, in excess of $5,000.00 shall be deposited in iThandf 'T *^^® Fourth National Bank and the Lowry Banking Company, one-half drosite^d' '^ "" ^^^ ^^^^ ^^ ^^^^ banks, for and during the year 1899 ; provided, each of said banks shall first execute a contract with the city for the payment of interest as proposed by them, and that each of said banks shall, before said money is deposited with them, give bond with good secur- ity, to be judged of by the Mayor, for the faithful accounting to said City of Atlanta for all moneys so deposited with each of them. Sec. 1407. It shall be the duty of the Treasurer of the City of At- lanta to deposit with said banks, each day, all money in his hands in excess of $5,000.00 belonging to the City of Atlanta, and keep his accounts of the same in regular deposit books, depositing one-half with each of said banks. Sec. 1408. It shall be the duty of the Mayor and Comptroller to issue warrants upon said banks, payable to the Treasurer, to pay the debts or current expenses of the city as the same may be necessary, or withdraw the whole of said deposit from either or both of said banks whenever the Mayor and General Council shall give directions. Sec. 1409. Said withdrawals to pay debts or current expenses shall be drawn in substantially equal amounts from each of said banks. Treasurer to keep accounts of deposits. Warrants, drawn. Part III. — Ordinances. 343 CHAPTER XXXIX. TAX COLLECTOR^ ASSESSORS AND RECEIVERS. Section. 1410. Tax Collector— election. 1411. Bond. 1412. Office. 1413. Return to Comptroller. 1414. Assessors and Receivers. 141.5. Election. 1416. Whole time given to city. 1417. bond and oath. 1418. Failure to return. 1419. Names of delinquents. 1420. Shall not enter private residence. 1421. P'alse returns. 1422. Shall hear proof. 1423. Tax digest. 1424. Books. 1425. Oath of Tax Receivers and Assessors. 1426. Oath of personal property taxpayers. 1427. Collector and Receiver separate. 1428. Rate, $1.25 per $100.00. 1429. Real estate assessed at cash market value. Section. * 1430. Books open February 1st and close March 15th, each year. 1431. Penalty for not making tax returns. 1432. Taxes payable in installments. 1433. Discounts for prepayment 1434. Sanitary tax. 1435. Streei, tax. 1436. Executions— how issued. 1437. Oath of giver in. 1438. False returns. 1439. Tax ordinance. 1440. Power of Recorder's Court. 1441. Mayor to see that ordinances are en- forced. 1442. Double tax— when. 1443. Defaulters. 1444. Assessors' books. 1445. Owners to report sales of real estate. 1446-1447. Assessors must look after collection of railroad taxes. Section 1-tlO. The office of Tax Collector >hall be a separate and distinct office, and he shall be elected b}' the people at the same time the other city officers are elected, and his duties shall be defined by resolution or ordinance — together with the compensation to be allowed him, and the bond and security to be given — before his election each and every term. Sec. Ml]. Before the Tax Collector of the City of Atlanta enters ^^^^ on the duties of his office, he shall give bond, with good and sufficient security, in such sum as the Mayor and General Council shall, by res- olution, determine, for the faithful performance of the duties of his office, and take the oath prescribed for other officers. Sec 1412. The said Tax Collector sh&ll have his office at the City^^^^ Hall, in the room now known as the City Clerk's office. Sec 1413. The said Collector of Taxes shall make a return to the Comptroller, who shall enter the same on his books, and pay ov( to the City Treasurer at least once a day all moneys belonging to the City of Atlanta, and shall do and perform all such duties as arc now or may hereafter be designated by the Mayor and General Council. Sec. 1414. The Mayor and General Council of said city shall elect three Tax Assessors and Receivers, whose duty it shall be to assess the RecX°ere. ^""^ real estate in said city for taxation, and to receive returns of property, both real and personal, and in cases of failure to return personal prop- erty for taxation, or failure to make a true return, or attempted fraud in returning the same, to assess the value of personal property for taxation. Comptrolle 344 Part III.— Ordinances. Sec. 1415. One of said Tax Assessors and Receivers shall be elected Election. to liold his officc Until July, 1882, and one until July, 1883. Their successors shall be elected and hold their offices for two years, and until their successors are elected and qualified. They shall have such com- pensation as the Mayor and General Council shall prescribe before their election, which shall not be changed during their term. They shall take such oath and give such bond as may be required l)y said Mayor and General Council. Sec. 1416. The Assessors and Receivers and the Tax Collector of Whole time Said city shall give their whole time to the service of the city during given o ci\. g^^^j^ business hours as the Mayor and General Council may prescibe during their terms. Sec. 1417. The Tax Receivers and Tax Collector of said city shall Bond and oath, discharge the duties above specified, in addition to those now required by law, and shall give sufficient ]:)ond with sureties, to lie approved by the Mayor and General Council, and shall take >uch oath before the Mayor as the Mayor and General Council may prescribe. Sec. 1418. If any person fails, neglects or refuses to make a return of his or her personal property, subiect to taxation under the charter Failure to re- . ^ r r J 5 J turn. and ordinances of the Tax Assessors and Receivers, or to truly answer such questions as may be asked, or to submit his personal property for the inspection and valuation of the Tax Assessors and Receivers as provided, then it shall be the duty of the Tax Assessors and Receivers, jointly, from the best information they can get in reference to the amount and value of the personal property owned and possessed by such person, to arrive at the true value of the same and place it upon their books. Sec. 1419. They shall also enter upon their books the name of any >rame of deiiu- psrsou, firm, joint-stock company, or corporation, who shall either quents. f^^^ qj, rcfusc to givcin their property, and of all they are unable to find, and whom they may believe to be subject to tax on personal prop- erty, and of all persons subject ♦to street tax. Sec. 1420. In the discharge of the duties above specified, the Tax Shall not entt-r Asscssors and Rcccivcrs shall not enter the private residence of any delTc^e^.*^ ''^^^' person against the consent of the occupants. Sec. 1421. In case of false, fraudulent, or unfair returns, the Tax Assessors and Receivers shall cite the person making the same to ap- Faise returns, pcar bcfore them on some day to be fixed by them, and show cause why the return should not be corrected. Sec. 1422. Upon any such person so cited appearing before them, they may, and shall if requested, hear evidence as to the real value of proof. ' the property in dispute, and determine the same. If such person so cited refuses or neglects to appear, his return shall be corrected by tlio Tax Assessors and Receivers, according to tbe best information tliey can get. Part III. — Ordinances. 345 Sec. 141^3. After all the returns arc in and corrected (where c-or-^^^^ ^j rection^^ arc necessary), the Tax Assessors and Receivers shall enter the same iipon tlio nsital Tax Dig-cst of the city, in the proper cohimn of said book. Sec. 1424. It shall be the duty of the Tax Assessors and lieceivers Books, to have prepared suitable books for the purpose of receiving re- turns as provided in the foregoing sections. Sec. 1425. The Tax Assessors and Eeceivers of the CMty of At- lanta shall take and subscribe before the Mayor the following oath or Receivers '"and affirmation: "You do solemnly swear (or affirm) that you will well and truly discharge the duties of Tax Assessors and Receivers of the City of Atlanta, and that you will endeavor, to the best of your knowl- edge and ability, to obtain a just, full and complete return of all per- sonal property subject to taxation by the charter and ordinances of the City of Atlanta, and also a full and complete return of all persons subject to street duty in said city. And you do further swear (or aflfirm) that you will truly and correctly administer tlie oath prescribed by the city ordinance to each and every person making return for tax- nation, >o help you God." Sec. 1426. The following oath (or affirmation) shall be admin- '=' ^ ' f»ath of ptTSon- istered to each and every person making returns for taxation to theai property " ^ '^ taxpayers. Tax Assessors and Receivers. "You do solemnly swear (or affirm) ^^ that the return which you are about to make shall be a just and true j,^^ g^^ ^^.j. statement of all personal property of every kind which you h^ld or owned on the 31st day of January (inserting here the year), or were interested in, either in your right or the right of any person or persons Avhomsoever, either as parent, guardian, executor, administrator, agent or trustee, or in any other manner whatsoever, to the best of vour knowledge, information and belief. You do further sAvear that you will correctly answer all questions asked you by the Tax iVssessors and Receivers in reference to said return, and that you have not conveyed or assigned to others, or removed out of the city, any property to avoid returning the same for taxation. "" Sec. 1427. The Tax Collector and the Tax Assessors and Receivers shall be separate and distinct officers, and shall each perform such Received sept duties as are prescribed for their conduct and observance, and shall be '^^^' known as Tax Collector and Tax Assessors and Receivers, respectively. Sec. 1428. x\s provided by an amendment to the charter of the City of Atlanta, made by Act of the Legislature of Georgia, approved Rate of taxa- on the 23d day of December, 1896, the rate of taxation to be levied one-fourth per on all taxable property, real and personal, within the corporate limits of said city, shall be one and one-fourth per centum, or one dollar and twenty-five cents on every one hundred dollars in value of such taxa- l)le property; and the rate shall be the same for property of less value than one hundred dollars, and taxes on all taxable property within 346 Paet III. — Ordinances. Real estate be assessed cash market Books open February Is and close March 15th. the corjjorate limits of the City of Atlanta are hereby levied for the 3'ear 1899 at such rate of taxation, and such annual rate of taxation shall remain in force until lawfully changed. Sec. 1429. The taxes levied by the foregoing section shall be as- at sessed and collected in the manner herein prescribed, to-wit: The taxable real estate in said city shall be assessed "by the Tax Assessors and Keceivers at its cash market value, and such assessments shall be completed by the first day of February of each year. Sec. 1430. The Tax Assessors and Eeceivers shall open their book* for receiving returns of taxable property on the first day of February t of each year, and close such books on the fifteenth day of March of each year; and the returns of all property subject to taxation shall be made within the dates just before named. The said Assessors and Receivers shall receive returns upon blanks prepared in conformity with ordinances governing the same. They shall make one Digest annually, which shall be kept in the office of the said Assessors and Ee- ceivers. A copy of this Digest shall be made and kept in the office of the City Comptroller. The columns on these Digests shall be so pre- pared as that the footings will show the amounts collectible on real estate, personalty, street tax, sanitary assessments, etc., separately, and the amount- collected by the Tax Collector upon receipts written and turned over to him by the Assessors and Receivers, together with the amounts of the blank executions prepared and turned over by the said Assessors and Receivers for executions to be issued as prescibed by law, each year, shall equal the sum of the footings on the annual Tax Digest less the discounts that may be allowed any one year for the prepayment of taxes. The Tax Collector shall make daily deposits of taxes collected, as well as of all other collections, with the City Treas- urer, taking his receipts for the same, and both the Tax Collector and the Treasurer shall make daily and monthly reports to the Comp- troller, who shall debit the one and credit the other. Sec. 1431. Any property, real or personal, not exempt from taxa- tion by the laws of the State, or whose return is not otherwise provided for by the laws of the State of Georgia, which is not returned by the owner, agent, administrator, trustee, receiver, or other person in charge thereof, before the closing of the books for receiving returns, shall have ten per centum added to the assessed value thereof as a penalty for failure to make returns and be taxed on the basis of the assessment wi^h such penalty added, unless such property be relieved from the penalty named by the Mayor and General Council. The power of the Tax Assessors and Receivers to make assessments of per- sonal property not fully and fairly returned by its owners, or not re- turned at all by such owners, is continued in full force. Sec. 1432. The taxes due the City of Atlanta on real estate and personal property of all kinds shall be due and i);iyal)le in throe install- Part III. — Ordinances. 347 ments, as follows: The first installment of twenty-five per centum oi' .^^^^^ p^y^^ie such taxes on the fifteenth day of April in each year ; the second in- '" installments, stallment of twenty-five per centum on the first day of July in each year ; and the third installment of fifty per centum on the fifteenth day of October in each year. The first installment may be paid at any time between the first and fifteenth days of April, inclusive of both days, in each year; and if not paid on or before the fifteenth day of April in each year, shall bear interest at the rate of seven per centum per annum until paid. The second installment may be paid at any time between the fifteenth day of June and the first day of July, both inclusive, in each j^ear ; and this installment if not paid on or before interest the first day of July, shall bear interest at the rate of seven per centum taxerunpaid per annum until paid. The third and final installment may be paid at any time between the first day of September and the fifteenth day of October, both inclusive, in each year ; and this installment, if not paid on or before the fifteenth day of October, shall bear interest at the rate of seven per centum until paid. Sec. 1433. Any taxpayer shall have the option of paying his taxes ^.^^^^^^^ ^^^ in full for the year with the first installment thereof, and in case of prepayment of •' taxes. SO doing shall be allowed a discount of one-half of one per centum on the taxes so paid. Any taxpayer shall likewise have the privilege of paying his taxes in full for the year with the second installment thereof, and upon so doing shall be allowed a discount of one-fourth of one per centum on the taxes due under the third installment. Any taxpayer may stop the running of interest on any past due installment or installments of taxes upon pajdng the same after they are due, and before the issuance of an execution therefor ; that is to say, that upon the payment of such past due installment or installments, interest shall be computed from the fifteenth day of April and the first day of July, respectively, until the date of payment. Sec. 1434. The sanitary assessment tax of three dollars a lot shall be collected with the general property taxes and divided into similar ^^"'*'"'' installments. Sec. 1435. The commutation taxes of one dollar per annum on persons subject to road duty, in lieu of such road duty, levied by the ^^'""^ *^''- annual tax ordinance, may be returned at any time between the first day of February and the first day of July in each year. Every person liable to road duty, who has not paid such commutation tax on or be- fore the first day of July in each year, shall be liable to execution for such tax with costs of collection as prescribed by existing ordinances, or to be summoned to work the streets, and to fine, or other penalty for failure to obey such summons, as prescribed by existing ordinances. Sec. 1436. On the first business day after the fifteenth dav of Oc- '' ^ Executions, tober in each year executions shall be prepared by the Tax Assessors and how issued ^ '- •' against delin- Eeceivers, and issued by the Clerk of Council, to enforce the collec- qnents. 348 Part III. — Ordinances. Oath of giver- in of taxes. See Sec. 142(5. ,, ,^,,„ tion of all iini>uid taxes, or installmenr of taxes, with the interest ac- Apr. 11, 18'.);». 1 ' ' cnied thereon, and. the costs of collection, as prescibed by existing ordinances; but only one execution shall issue annually against each taxpayer, which execution shall cover all arrearages of taxes against such taxpayer for the year. Such tax execution shall be levied and collected by the Marshal of the City of Atlanta, as prescribed by exist- ing ordinances under the rules and regulations as to the manner of levy, advertisement, notice and sale prescribed by law. Sec. 1437. The oath to be administered by the Tax Assessors and Receivers for the City of Atlanta shall be as follows, to-wit : "You do solemnly swear (or affirm) that the amount which you now give in is just and true account of all the taxal)le property which you pos- sessed, held or claimed on the thirty-first day of January last, or were interested in or entitled to, either in your own right, or the right of any person or persons whomsoever, as parent, guardian, executor, administrator, agent or trustee, or in any other manner whatever, according to the tax ordinances of the City of Atlanta, to the best of your knowledge, information and belief ; so help you God." Sec. 1438. Any person who shall knowingly make any false, in- complete or unfaithful returns under these ordinances shall, on con- \iction, l)e fined at the discretion of the Recorder's Court not exceed ing fifty dollars and costs, or be imprisoned in the calaboose or common jail of the county not more than thirty days, in the discretion of the court. Sec. 1439. The Mayor and General Council shall each year pass such tax ordinances, not contrary to the law, as they may deem proper. Sec. 1440. In all investigations under these ordinances, where charges of the violation of the same are being tried before the Record- er's Court, he or they shall have power to send for persons and papers, and compel attendance of parties and witnesses, and the production of l)ooks, papers and other evidence on the trial. Sec. 1441. It shall be, and is hereby, made the duty of the Mayor to adopt such measures as he may think best and proper to insure a rigid enforcement of these ordinances. The provisions of these ordi- nances do not and are not to be applied to sales made by properly ] icensed vendue masters, nor to any property sold under legal process. Sec. 1442. In case any person or persons, firm or firms, corpora- tion or company, subject or liable uuder the tax ordinances of the City of Atlanta, that may be passed in and for any year, to make a return or returns of sales or receipts, of any business under said ordi- nance, shall fail to make said return or returns within the time speci- fied in said ordinance, he, she, it or they shall be assessed at double the amount of the immediately preceding returu, and if no return shall have been made, then assessed in the discretion of the Clerk of Coim- cil, and in all such cases of default in inakiu"- returns, or in piivnu'nt Person.s mak- ing false re- turn — how dealt with. Tax ordinance. Power nf the coiirt. Does not ap- ply to vendue masters. Persons failir to make re- turns to be double taxed, etc. Part III. — Ordixances. 349 of taxes so assessed, execution shall issue and be collected as other ^.^^^^^5^^^^ executions issued by the authority of the said Mayor and General Council. Sec. 1443. In case of the failure of the owner or agent, trustee, Assessors. guardian, or person in charge of any property which ought to appear ji^r. is, isso. on the tax books, to go to the office of the City Tax Assessors and Ee- ceivers and take the oath, and make the returns required by law, the Tax Assessors and Eeceivers shall keep a digest, to be known as "The Defaulters' Digest,'"' in which all such names and the amounts re- turned by them or assessed against them shall be recorded; and it shall he the duty 01 the Marshal, before settling with them, to require all , P ,1 i-1-i rn » • 1 Defaulters' di- def aulting taxpayers to go to the office of the City 1 ax Assessors and gest. Eeceivers and take the oath and make the returns required by law; and any defaulter, failing to comply with this ordinance, when thus required by the Marshal, shall be subject to a fine of not exceeding fifty dollars, or imprisonment not exceeding twenty days, upon conviction in the Eecorder's Court. Sec. 1444. The citv shall order for each vear for the use of the , Assessors City Tax Assessors a book for each ward, in which shall be r^ecorded books. an accurate description of each parcel of property assessed, giving the numbers of ward, land lot, and district in which it is located, the num- ber of front feet and on what side, whether north, south, etc., of street on which it is located, with numl)er and name of street ; between what streets located; how many feet running back and in what direction, whether northerly, southerly, etc.; whether vacant or improved, ad- Joining whose property; name of owner, his or her street, and number of residence, and if non-resident, with correct address, tax assessment and remarks. The Tax Assessors are required to keep their records so as to comply with this section as fully as practicable. Two blank books, comprising the seven ward books, shall be also ordered, with the following additional columns, viz : whether returned for taxes, and by whom, and for what amount. Sec. 1445. All owners of real estate in the city selling a part or the whole of any lot, are hereby required to file within three months selling real of the date of such sale, with the Tax Assssors and Eeceivers, informa- tion of said sale, or sub-division of his lot, and that the Assessors keep a separate book for this purpose. Sec. 144G. It shall be the duty of the Tax Assessors and Eeceivers of the City of Atlanta to call upon the Comptroller-General of the State Raiuoad taxes, of Georgia at the time the said Comptroller General is readv to make The Assessors ° ^ ■ shall call on a statement of the returns of the railroad companies, subiect to taxa- Comptroiier- ^ ^ J General and tion by the City of Atlanta, or of the assessments against such compa- receive re- nies, and receive annually from the said Comptroller-General the vari- ous returns that he is required to receive for the City of Atlanta for municipal taxation. And the Tax Assessors and Eeceivers shall enter 350 Part III. — Ordinances. Executions, how issued. April such returns upon the same books that contain the returns of other taxpayers. Sec. 1447. The method for the collection of taxes due by railroad companies shall be the same as is observed in the case of other taxpay- ers, except that, if any railroad company shall fail to pay its taxes due the City of Atlanta by the 15th day of October in any year, it shall be the duty of the Tax Assessors and Eeceivers to notify the Comp- troller General of the State of Georgia of the fact and amount of such unpaid installment or installments of tax, together with interest due thereon, and have an execution issued as prescribed by law. The dates and amounts of all such executions shall be reported by the Tax Assessors and Eeceivers to the Comptroller and Clerk of Council of the City of Atlanta, who shall keep a record of all such executions. The City Tax Collector shall receive for the City of Atlanta the pro- ceeds of such executions, and issue receipts therefor, written by the Clerk of the Council in conformity with the coupon system. CHAPTER XL. EXECUTIONS — TAX SALES — MARSHAL. Section. 1448. Executions — how prepared. 1449. Signed by Clerk. 1450. Addressed to Marshal. 1451. Marshal to endorse in ink the settle- ment on each &. fa. 1452. Marshal not to settle until fi. fa. is is- sued. 1453. Demand to be made for street tax. 1453 (a). Fi fa. notices, etc., to be mailed under cover. 1454. Clerk to issue tax executions. 1455. Marshal to make levy. 1456. Advertise and sell, with fees. Section. 1457. Notice to owner or tenant. 1458. Owner may redeem. 1459. Marshal to keep register. 1460. Books and newspapers to be kept by Marshal. 1461. City to be represented at sale. 1462. Clerk to keep record of city purchases. 1463. I,icense Inspector the custodian of property bought at tax sales. 1464. Redemption of Marshal's deeds. 1465-1470. Second sale of property bought at Marshal's sale. 1471. Marshal to put purchaser in possession. Section 1448. All executions for delinquent bills or accounts due Executions to be prepared in where^biuT"*^ ^^*^ ^^^^ ^^ Atlanta shall be prepared and docketed in the department comes delin- quent. Delivered to Clerk. Directed. April 7, 1 where such bills or accounts become delinquent. Sec. 1449. Executions thus prepared and docketed shall be promptly delivered to the Clerk of the Council, who shall issue such executions and enter same upon a docket to be kept in the said Clerk'^s office. Sec. 1450. Such executions shall be directed and delivered by the Clerk of Council to the City Marshal, who shall enter the same upon a docket to be kept in the said Marshal's office, and the Marshal shall proceed to enforce the collection of such executions in the manner prescribed by law. The docket of original entry, or a copy thereof, shall be kept in the office of the City Comptroller. Part III. — Ordinances. 351 Sec. 1451. The Marshal shall endorse in ink upon each execution ^j^^^^^, g^^,j the settlement, if the same is collected; and if the execution is not ;';j'^?[^^ f^- '**• collectible, the reason therefor. And the docket in the Marshal's office ^v'- "• ^^""• shall show the same entries. The Marshal shall then deliver execu- tions thus endorsed to the Comptroller, who shall make entry of the Marshal's endorsements upon the proper execution dockets kept in the said Comptroller's office. Such executions shall then be delivered to the City Clerk, who shall make similar entries upon the execution dockets in his office, and the said City Clerk shall be the custodian of cancelled, settled and returned executions. Sec. 1452. The Marshal is prohibited from settling with any de- Mar. is, isso. faulter before a fi. fa. is issued by the Clerk. Sec. 1453. No fi. fa. shall be presented for street tax until a de- demanded^ be- , , , „ , fore fl. fa. to mand be made tor payment. issue. Sec. 1453 (a). All notices sent by the city officials to tax default- ers by mail, to pay their taxes, whether assessment licenses or other- tices on postal wise, shall be made under cover and not upon postal cards. April s, isdi. Sec. 1454. In all cases where any person or persons, citizens of the Citv of Atlanta, or who have property subject to taxation within the Tax execu- ' r r J J _ tions— Clerk limits of the same, shall fail, refuse or neglect to pay the taxes imposed to issue, according to law or ordinance of said city, the Clerk of Council shall July is, isrs. issue executions for the same, which executions shall be signed by said Clerk, and bear test in the name of the Mayor, and be entered on the Comptroller's books, and be directed to the Marshal of said city, com- manding him to levy on the goods, chattels, lands and tenements of the defendants, or so much thereof as shall be sufficient to satisfy the demand and cost, which execution shall bind all the property of the defendant ; and the cost thereof shall be the same as on tax executions for like amounts by the law of this State. Sec. 1455. Whenever any fieri facias shall issue against any person or persons, citizens of said city, or who have property subject to taxa- pig^i facias for tion within the corporate limits of the same, for taxes, in the manner sh'arto^\evy prescribed by the charter of this city, it shall be the duty of the Mar- *'^^ ^'^'"^' shal forthwith to levy the same upon the property of the defendant, or a sufficiency thereof to satisfy said fieri facias and costs. Sec. 1456. Whenever the Marshal shall have any execution or exe- cutions placed in his hands, he shall execute the same in the manner Advertisement prescribed by law, and whenever he shall levy any execution upon any ^" goods, chattels, lands or tenements, he shall advertise the same in one of the public gazettes of the City of Atlanta, once a week for four weeks prior to the day of sale ; and the said Marshal shall, on the first Tuesday of each month, between the hours of 10 o'clock in the fore- noon and 4 o'clock in the afternoon, sell all property levied upon, in front of the courthouse door of Fulton county, at public outcry, and 352 Pakt III. — Ordinances. shall knock down said property to the highest bidder, and execute titles to the same, if required. He shall collect the following fees: For settling and collecting a fi. fa $1.00 Levying fi. fa. over $100.00 1.00 ^°^' ^' ^^^°' Levying fi. fa. $100.00 and under. . . : 35 Commission for selling property, the same amounts allowed sheriffs, according to amounts of the various executions. Making deed 1.00 It shall be the duty of the Marshal to itemize the costs on the back of the fi: fa., and to print this bill of fees on each fi. fa. Sec. 1457. Where real estate is levied on, it shall be the duty of Notice. the Marshal to give to the owner, or the tenant in possession, if the owner is unknown, a written notice of such levy five days before the sale, and to make a return of the service, and date of service, and by whom made, and upon whom perfected on the execution. Sec. 1158. Whenever any land is sold under and by virtue of any tax execution issued in pursuance of the charter and ordinances of the Redemption. '- . Citv of Atlanta, the owner or owners thereof, his, her, or their agent, Sec. 169. 60 " - Ga., 260. or attorney, or the vendor of the land, when the purchase money has not been paid, shall have the right and privilege of redeeming the land thus sold within one year from the time of sale by paying the purchaser thereof the amount paid by such purchaser for said land, with legal interest thereon, and ten per centum premium on said amount, in current money. Sec. 1459. The Marshal shall keep a register of all sales of real Marshal to Gstatc, wlicther vacant or improved, in a book provided by him for that ofTax lltT^' purpose, in which he shall enter each tract or lot of land exposed to vertisJmentf'^' ^^Ic, the prcclsc quantity sold, a copy of th« advertisement, and the ^^^- ' amount of taxes and costs the same tvas sold for, and the purchaser's >ray 1. 1876. ^q^-^-^q^ Icaviiig at the end of each line three columns in blank — leav- ing a sufficient space to insert the name of the person who may re- deem such lot or tract of land, the date of redemption and the amount of redemption money paid, which book shall be kept in a neat and leg ible manner, and shall always be open for the inspection of any and all persons interested. Sec. 1460. That hereafter it shall be the duty of the Marshal of said city : Marshal— pa- First. To kccp a file of all newspapers in which his ottieial adver- ))ers and books to lie kept by. tisemeuts appear. Second. To keep an execution doc-ket, wherein he shall enter a full description of all executions levied by him on any kind of proj)- erty, showing what property levied on, the date of levy and of the service of notice, together with all his acts and doings thereon. Third. To keep a book in which shall be entered a record of all Part III. — Ordixaxces. 353 sales made by him, describing accurately the property and process ^p^ 20, isss. nnder which sold, the date of the levy and sale, and the purchase and price. Fourth. Said books shall have an index, which shall be kept up for each entry therein. Sec. 1461. The chairman or a member of the Tax Committee shall act for the city in bidding the amount of tax and costs on property city?''^^*" ''^ sold for tax by the Marshal, where no one bids that amount, and see ^prii 30, istt. that the Marshal makes the city a deed in pursuance of the Act of the Legislature, approved February 27, 1877. Sec. 1462. It shall be the duty of the Clerk of Council to prepare 01**rk shall and keep in his oflfice a book of record of all property purchased by the keep record, city at IMarshal's tax sales, showing whose property was so purchased, the amount bid by the Tax Committee, and what portion of the same was tax and what portion Clerk and Marshal's costs, respectively. He shall also file and carefully keep in his office the deed made by the ]\Iars]ial to the city, and the execution attached, which shall be deliv- ered to him by the Marshal ; also a copy of the newspaper in which any Marshal's sale, at which the city purchased, was advertised. Sec. 1463. The License Inspector shall be the proper person for the / ■ ^r T 1 1 . . <.n ixj. Possession, C ity Jlarshal to place m possession of all property purchased by the renting, etc. eitv at Marshal's tax sales, and it shall be the dutv of the License i^i^ense inspec- tor. Ins])ector to keep Careful watch over all such propertv, and see that •^ 1 1 .. 7 April 7, 189". no person is allowed to trespass thereon, in cases of vacant property, and look after the buildings (if the property is improved), rent the same, collect the rents, and return and pay all amounts collected for rent to the Tax Collector. The Clerk shall keep a record, in the book above referred to, of all amounts received for rent. Sec. 1464. The owner desiring to redeem property so purchased by the city, may do so in one year from date of sale by applying to the SaS^s'"" °* Clerk of Council, and upon the compliance of any such person with^^^*^- the law, he, she, or it, may be allowed to do so; and all redemptions of ^^"^ "' ^^''^• ^Marshal's deeds shall be upon receipts prepared by the Clerk and turned over to the Tax Collector in conformity with the coupon S3's- tem ; and the Clerk shall enter upon the Marshal's deed book a com- plete record of all redemptions and other settlements of Marshal's deeds, giving dates, amounts, by whom redeemed or settled, and all other matters of importance connected with each transaction. The Comptroller shall prepare and keep a similar Marshal's deed Hook, which shall likewise show all the transactions connected with the said Marshal's deeds. The above ordinance is to carry into effect an Act of the Legislature of Georgia, entitled, "An Act to provide for the man- ner of tax sales by municipal corporations, and for other purposes, approved February 27, 1877." Sec. 1465. In all cases where propertv, after havino; been bouo-ht (23) 354 Part III. — Ordixaxces. Property bouffht at tax sales. Slav 6, 1S9-2. When held i>ne vear. Council to di rect sale by resolution. Separate sales. Quit claim deeds. Marshal to put purchaser in possession. by the city at tax sales, has been held one year, and by order of the Mayor and General Council is advertised to be sold again, as provided by law, it shall be the duty of the Collector of Street Improvements in office at the time such sales are advertised to serve the five (5) days' notice required by law on the tenant in possession, and to make return of such service in 'WTiting. Sec. 1466. Such service shall be perfected upon the tenant in pos- session if the property is occupied, and if vacant, upon the owner, or his agent, if known ; and failing all of these, such notice shall be con- spicuously posted upon the property. The service in all cases to be made at least five (5) days before the day of sale. Sec. 1467. Property purchased by the city at Marshal's sale for city tax (by virtue of the provisions of an Act passed by the Legisla- ture of Georgia, and approved February 2Tth, 18?T). and which has been held by the city, under deed made in pursuance of such sale, for one year, shall be sold and disposed of by the city as follows : The Clerk of Council shall present to the Mayor and General Council at any regular meeting thereof a full descriptive list of all property so purchased, and which has been held as aforesaid for one j'ear. Sec. 1468. Said Mayor and General Council shall then, by reso- lution, direct the sale of all, or such a portion of said property as in its judgment should be sold. Such direction being given, it shall be the duty of the Tax Committee to advertise such property for sale in a newspaper published in the City of Atlanta once a week for four weeks before a regular Sheriff's sale day. and to have notice of such proposed sale served on the owner, agent, or tenant in possession, or in case of vacant property posted thereon and return of service of this notice made as in cases of regular tax sales, and on such day, between the legal hours for Sheriff's sales, said committee shall sell, or have sold, said property at public outcry to the highest bidder for cash. Sec. 146'J. Each piece of said property shall be sold separately. Sec. 1470. Purchasers at such sales shall receive from the city a quit claim deed, to be executed by the iNlayor upon the paMuent of the purchase money to the Clerk of Council. Sec. 1471. It shall be within the power and authority, and shall be the duty of the Marshal of the City of Atlanta, in all cases where he has heretofore sold, or shall hereafter sell, any property within the limits of the City of Atlanta, under executions issued to enforce the collection of assessments due the City of Atlanta, or tranferees from the City of Atlanta, of such executions to put the purchaser of the property so sold in possession thereof, on demand of said purchaser. Just as if the property had been sold under ordinary tax execution issued bv the Citv of Atlanta. Part III. — Ordinances. 355 CHAPTER XI.I. ItEGISTHATIOX OF BL'SIXESS LICENSES. Section. 1472. Registration annually. 1473. Registration of business. 1474. Evidence of business. 1475. Fail to register and pay license. 1476-1477. Pawnbrokers, etc. 1478-1479. Fees of City Clerk. 1480. Fees of Marshal. 1481. Old soldiers. Section. 1483. Consignments prohibited, e.xcept to commission merchants licensed as sucli. 1484. Fi. Fas. for business tax issue— when. 1485. Tax brokers. 1486. No modification of bucket shop laws. 1487. Free licenses. 1488. Street vendors. 1489. Fruit stands. Section 1472. Every person, firm, corporation or company engaged in prosecuting or carrying on any trade, business or profession, within ^usfnei musf the incorporate limits of said city, is hereby required to register their My^, and^p'ro- names, business, calling, trade or profession, annually, at such times ^'"'^'^ as the Mayor and General Council may, by resolution, from time to time direct; and persons coming into the city, and so engaging in business, after that date in each year, shall so register, and pay for and procure a business license. Sec. 1473. It shall be the duty of every person, firm or corporation engaged in any kind of business required by the tax ordinance to be business. registered, to register the particular business in which such person, firm or corporation is engaged, and to pay the registration tax thereon. Sec. 1474. The putting up, or keeping up or allowing to remain in position, a business sign on or in any house, office, wall or other business and •■^^ ' ° J ' ? liability to li- place, or the publishing or continuing any advertisement in any news- cense, paper, circular or card otfering to do business, or soliciting trade or patronage in any business required to be registered, or the renting, or the opening of any store, house, office or place of business for the osten- sible purpose of carrying on any business required to be registered, shall be prima facie evidence of liability to register such business and pay the registration tax thereon required by the tax ordinance. Sec. 1475. The failure of any person, firm or corporation required by the tax ordinance to register and pay the registration tax upon their fg^er^'^and" p'^y" said business shall be occasion to have said tax collected by the issue of license, execution by the Clerk of Council, which shall be levied and collected by the IVIarshal or his deputy, and ofPender shall also be subject to be arrested and tried before the Recorder's Court, and on conviction of carrying on any business required to be registered without registering penalty, and paying the required registration tax thereon shall be fined not Aug. 19, i89i. exceeding one hundred dollars, or imprisonment not exceeding thirty (30) days, in the discretion of the court. Sec 1476. All pawnbrokers and second-hand dealers shall keep pawnbrokers books in connection with their business, wherein shall be entered an ^'«^- accurate description of all property pledged or sold to them, giving 356 Part III. — Ordinances. where the same occurs as in the case of watches, the name of the maker and the number on the piece, and further accurately and fully describ- ing such property, with the kind and material of which it is made ; and in said books there shall also be entered the name of the person by whom same is deposited or sold, and the time when the same was done. These entries shall be made as soon after any transaction is had a> possible, in no event allowing more than one hour to elapse after such transaction before the above provided entry is made concerning the same. These books and articles themselves so pledged or sold, shall at all times be subect to inspection and examination by the police officers of the City of Atlanta. Sec. 1477. Any person doing a pawnbroking or second-hand goods business in the City of Atlanta who shall fail or refuse to keep books in connection with their business, as provided for in section 1476, or who shall make false entries concerning the transactions named, or who' shall fail or refuse to permit an inspection and examination of said books and of the property pledged with or sold to them, by any police officer of said city, shall upon conviction before the Eecorder's Court be fined not less than twenty-five dollars nor more than two hundred dollars, or imprisonment for not more than thirty days, one or both. as the Eecorder's Court in its discretion may determine. Sec. 1478. It shall be unlawful for the City Clerk or Tax Collector to charge or receive, on account of the city, any fee for issuing any Clerk."' """' license to any citizen or taxpayer who shall pay such license within the time allowed by the ordinances for such payment, before the issuing of the execution therefor. Sec. 1479. It shall be the duty of the City Clerk and Tax Collec- tor to charge and collect the fees now and hereafter provided by ordi- nance for issuing licenses to merchants and taxpayers who do not pay such licenses within the time limited by the ordinance, and to pay such fees or licenses into the city treasury for the use of the city. Sec. 1480. All fees and costs collected by the Marshal, on account of settling levies, advertisements, sales, commissions, making deeds go to city. ^j-^^i other services in connection with the collection of executions for licenses, taxes or assessments, shall be paid into the city treasury for the use of the city. Sec. 1481. The various provisions of the tax ordinance of the City of Atlanta, as to the payment of registration taxes, shall have no ap- plication to the cases of old soldiers having free licenses from the State to peddle, whether such old soldiers go from place to place in the city peddling the kind of wares or goods covered by their licenses, or such old soldiers occupy stands for the disposition and sale of their wares ; provided, nevertheless, such old soldiers shall not be permitted to ob- struct the sidewalks or streets with any such stand. Sec. 1483. No person or persons, firm or corporation, doing busi- Fees of City Fees and costs Registration of business. Peddlers free license. Mar. 2, 1896. Part III. — Ordinances. 357 ness in this city, shall sell or offer for sale any goods, wares, merchan- consignments dise, fruits or produce consigned to them, upon commission or other- ^ept'^to^'^com- wise, or whether they derive the usual benefits of consignees therefrom, ^^l^tT iiTen«-d unless said goods, wares, fruits or produce come within the scope of the *^ ^'"'^• lines of goods that they are licensed by law to deal in, or unless they have a general commission merchant's registration license, when, in either instance, they must pay tax on commission sales, as required by tax ordinance.' Sec. 1484. No license fi. fa. shall issue, nor cost thereon accrue, until five days after the mailing of notice, under cover, to the person busing tax in default, stating the amount due for such license, and if not paid ^~ within five (5) days from the date of such notice, a fi. fa, therefor, and "^' ' for the costs thereon, will issue. Sec. 1485. The registration tax on the business of stock and pro- <3uce brokers or agencies shall be fixed in annual tax ordinance, the duce brokers, business to be subject to regulation by the Mayor and General Council by such ordinances as may be passed from time to time for that pur- pose. Sec. 1486. The taxing and licensing of the business of brokers, or, '^ ° Iso modifica- agencies for brokers, shall not be construed to repeal or modify the tjon of bucket existing ordinances prohibiting "bucket shops." Sec. 1487. Xo free license shall hereafter be granted under any ^^^^ ucei^e ■circumstances, to any person for any purpose, unless such person shall have been a citizen of the city continually for the two years next pre- ceding the asking of the same. Sec. 1448. No license shall be granted to any person or firm to erect a stand or sell from street or pavement, any patent medicine, ^^^'^^'J^^^^^^j^^ novelty, or article of merchandise generally sold by itinerant vendors, j^^ 20, isrs. except with the written consent of the person or persons occupying g^^ 5^^ 15J4 the store, office, or residence, before which it is proposed selling said merchandise and by order of the Mayor. The license tax for such privileges shall not be less than fifteen dollars per week for each stand ^'"°""' *'^- or salesman, unless granted on petition to General Council, and no license shall be granted for less than one week.' Sec. 1489. Xo license shall issue to any itinerant peddler or other person, for the purpose of selling articles of merchandise from any for^saie of stand or location, in or upon the streets or roadway proper between abolished.'' the curbing in said city.' ^"- ^^' ^'^^• 1 See annual tax ordinance. 358 Part III. — Ordinances. CHAPTEK XLII. Section. 1490. License from city. 1491. Penalty. 1492-1493. Penalty for not exhibiting- licen.se. 1494. Orders for clothing. 1495. Street drummers. 1496. Penalty. 1497. Meats from wagons. 1498. Book agents. 1499. No license to peddle groceries. 1500. Tags required on meat wagons. 1501. Ice dealers, etc., mu.st carry scales or measures. Section. 1.502. Peddlers' licenses. 1503. Price of peddlers' licenses. 1504. Peddlers' licenses revocable. 1505. Only producers may sell produce free. 1506. Penalty tor unlicensed peddling or fruit 1507. Penalty for sale of unsound meats etc. 1508-1509. Street traders placed by Chief of Police. 1.512-1513. Peddling berries, etc., prohibited. 1514. Medicine stands on streets prohibited. License from city. Not prevent disabled sol- diers peddling. Peddling with- out license. Peddlers must carry and show license. Penalty. Section 1490. Xo itinerant trader, or peddler, licensed by the Ordinary of any county in this State, shall offer for sale any goods, wares, or merchandise, in the incorporate limits of the City of Atlanta., without first obtaining from the Clerk of Council a license, for which he shall pay the amount named in the annual tax ordinance for such business, for each day he, she or they shall offer any goods, wares or merchandise for sale in said city. Sec. 1491. If any such person shall offer any goods, wares or mer- chandise for sale in the incorporate limits of said city, without first having obtained a license from the Clerk of Council, the Chief, or some officer or member of the police force, shall arrest such person, and carrv him, her or tbem before the Recorder's Court for trial, when he, she or they shall be fined in a sum not exceeding one hundred dollars each,, for every day he, she or they shall violate the preceding section, or be imprisoned in the stationhouse or common jail of the county not more than thirty days. Sec. 1492. If any itinerant trader or peddler shall offer any goods, wares or merchandise for sale within the City of Atlanta, without license from the Ordinary of Fulton county, he, she or they shall be immediately arrested by the police force and carried before the Re- corder, Mayor, or some member of Council, where, upon proof of such charge being made, he, she or they shall be bound over to the next term of the Superior Court of said county thereafter, to answer said offense. Sec. 1493. Any person or persons selling or peddling goods wares, or merchandise of any kind, from wagons or places other than their regular place of business, shall be required to carry their license for such business with them, and any person or persons who shall fail or refuse to exhibit his or her license on the demand of an officer of the city having the right to make an arrest, shall on conviction before the Recorder's Court be fined not exceeding twenty-five dollars or im- Part III. — Ordixaxces. 359 prisoned not exceeding thirty day?, eitlier or both the conrt. Sec. 1494. Xo person or firm shall take or solicit orders I'l-oiii idling doth- others than registered clothiers or inerchaiit laihu's (if this city Idi' 'j^| orjjere'for men's underwear, suits of .clothing or parts thereof, who are not em- '""'"^'"^• ployed by registered clothiers or merchant tailors, and no person or ' ' '' firm shall take or solicit orders from others than regularly registered news-printing or book manufacturing houses for any class or kind of printing, or blank book manufacturing, without having first obtained r.icense- a license to do so from the Clerk of Council, and paying therefor the sum fixed in the annual tax ordinance, and the sum of one dollar and fifty cents on each one hundred dollars of all sales and orders taken. - . . Penalty. Any one violating the provisions of this ordinance shall, on conviction, pay a fine of one hundred dollars, or be imprisoned thirty days, in the discretion of the court. Sec. 1495. Any jjcrson soliciting trade or custom for any "^^'r- ^ .^^^^^ ^^ chant or merchants in said city, on the streets or elsewhere, away from «reet drum,- the store of any such merchant, shall be required to register as street drummer, and pay such a tax for carrying on said business, as is fixed in the annual tax ordinance; provided, that this ordinance shall not apply to representatives of wholesale houses in this city soliciting busi- ness from or selling goods to other registered merchants. Sec. 1496. Any person doing business as above stated, and f^^iliilg penalty. to register and pay the tax above required, shall be arrested by any officer or member of the police force and taken before the Recorder's Court, and, on conviction, shall be fined not to exceed one hundred dollars, or be imprisoned not to exceed thirty days, either or both, in the discretion of the court, and execution shall be issued by the Clerk of Council for said tax, which shall be levied and collected by the Marshal as other tax fi. fas. Sec. 1497. No person shall sell any fresh or green meats upon thcsaie of meats streets of the city from any wagon or other conveyance without first """^ ^^^so^s. obtaining a license from the Clerk of Council, and having such wtigon ^""^ or other conveyance duly numbered and registered, and any person or persons violating this ordinance shall, on conviction, be fined not more than one hundred dollars, or imprisoned not longer than thirty days.' Sec. 1498. Every person or firm engaged in the sale of books, •' ^ ° ° Book agents to maps, charts, or mathematical instruments within the corporate limits pay tax. of this city, whether they shall occupy an office, or sell the same i^pon the streets, shall be required to register his, her, or their business. Sec. 1499. No license shall be issued to peddle, groceries, and any xo license is- person so peddling as aforesaid, shall, on conviction thereof before the groceries. ilav 17 1886. Recorder's Court, be fined in a sum not exceeding one hundred dollars, penalty.' See annual tax rrdinance. 360 Part III. — Ordinances. Pedddlins meat from wagons — tag required. Dec. 20, 188( Penalty. Vendors of ic( etc. June 10, 1892 Peddlers' censes. or be imprisoned not longer than thirty days, either or both, in the dis- cretion of the court.' Sec. 3 500. All persons peddling meats from wagons shall be re- quired to obtain a tag from the Clerk of Council, at actual cost, to be placed on the wagon, and any failure to do so, or to exhibit a license on demand, shall pay a fine of not exceeding fifty dollars, or be impris- oned not longer than thirty days, either or both, in the discretion of the Eecorder's Court.' Sec. 1501. All vendors of ice, meat, vegetables, fruits, etc., , through the streets of this city shall provide themselves with scales or measures, in order to arrive at the amount of the articles so disposed of by such vendor. Any person or persons violating the provisions of the above section shall, upon conviction before the Eecorder's Court, pay a fine not exceeding twenty-five dollars, or serve not more than thirty days upon the public works of the city, either or both, in the dis- cretion of the court. Sec. 1502. The matter of issuing licenses to peddlers to carry on the business of peddling in the City of Atlanta, or to any person or persons to carry on fruit stands near the streets or sidewalks in said city, shall hereafter be one for the action and decision of the Mayor and General Council, acting upon the recommendation of the Tax Committee, to which committee all petitions for such licenses shall be referred for consideration. And neither the Committee on Eelief nor the Mayor shall have, or exercise, jurisdiction to grant licenses to peddlers or fruit stands as aforesaid, except that the Mayor shall have the right of approval or veto of such licenses, as of any other action of the General Council; provided, the Committee on Tax may, in proper eases, grant permits to conduct such stand or such peddling business, to be and remain of force only until the next regular meeting of the General Council, and subject to the action of such General Council on the petition in each case.' Sec. 1503. All licenses to peddle shall be paid for at the prices fixed in the annual tax ordinance, and the class of goods to be sold by each peddler, and the person or persons to whom peddler's license shall be issued, shall rest in the discretion of the Mayor and General Coun- cil, acting on the recommendation of the Tax Committee, in the inter- est of health, peace and good order, and the proper regulation of trade in the city ; provided, that no license shall issue to any person to carry on any business stand on the streets or sidewalks of the city, or to ped- dle wares, fruits, candy, popcorn or similar articles from any wagon or cart on the streets or sidewalks in the city. And any fruit stand licensed to do business near the sidewalk shall take and hold such license subject to a revocation at any time in the discretion of the Mayor and General Council, and a failure to keep such stands in a See annual tax ordinance. Part III. — Ordinances. 361 cleanly manner, or an}- unnecessary obstruction of the streets or side- walks by the dealer in charge of such stands, or the customers trading there, shall be sufficient cause for revocation of license in any case.' Sec. 1504. All licenses to peddle shall be issued subject to the Peddiers' ii- power hereby expressly reserved by the Mayor and General Council to ^evoked!"'^ ""* revoke any and all such licenses whenever such revocation is, in the judgment of said Mayor and General Council, necessary or proper as a means of better ])roni()ting the public healtli, peace and good order or proper regulation of trade. Sec. 1505. While tlie legal right of the producer to sell the pro- ducts of his own farm, dairy, vineyard, etc., is distinctly recognized, sen ilXvidlTaT it shall not be construed so as to authorize traders in such country produce, other than the producer, to peddle on or sell the same to con- sumers in the City of Atlanta, but every such trader must have a license, which may be granted or refused by the Mayor and General ■Council in its discretion as herein provided for. Sec. 1506. Any person carrying on any business stand on the streets or sidewalks, or carrying on a fruit stand or the business of peddling, without a licen>e or permit as hereinbefore provided for, shall be punished by a fine not to exceed one hundred dollars, or im- prisonment not exceeding thirty days, either or both, in the discretion of the Eecorder's Court, for each offense. Sec. 1507. The selling or offering for sale, by any peddler in the City of Atlanta, of unsound or unwholesome fruit, meats, eggs, fish or stale or rancid butter, shall cause the person so offering to be punished upon conviction thereof in Recorder's Court of said city, by a fine of not exceeding one hundred dollars or imprisonment not exceeding thirty days, and a forfeiture of the license of such peddler shall be "declared upon such conviction. Sec. 1508. It shall be within the authority and duty of the Chief chiet of Police of Police to designate the portions of streets in the central portions of Iradlrs^*^"^"^* the city, wherein peddlers and other street traders may ply their voca- tions. Sec. 1509. x'Vny peddler or other street trader, who shall ply hi?] trade at any other places than those designated by the Chief of Police, ^^"''^*^'- shall be punished, on conviction before the Recorder's Court, by fine ^ ' ' of not exceeding one hundred dollars, or imprisonment not to exceed thirty days. Sec. 1512. No person or persons >5hall be permitted, under a ped- dler's license, or any other license, to peddle within the corporate limits fruits, etc.. j> ■ -I •, ,111- n ■ forbidden. of said City, anv vegetables, berries, melons or fruits, except such as are raised by such peddler or peddlers. Sec. 1513. Any person or persons violating the foregoing ordi-june e, isst nance shall be guilty of a misdemeanor, and, on conviction before the Penalty. 1 See annual tax ordinance. 362 Part III. — Ordinances. Recorder's Court of said city, shall be fined any sum not to exceed one hundred dollars, or put to work on the public streets for a term not to exceed thirty days, either or both, in the discretion of the court. Sec. 1514. Xo license shall be granted to any firm or person to sell from streets or pavements, tents, booths or stands of any descrip- tion, not being a regular store-house, any patent medicines or concoc- tions of medicinal properties, or other articles claimed to be remedies for physical ills, and any person engaging in such occupation, shall, on conviction for each offense, pay. a fine of not exceeding five hundred dollars, or be imprisoned at labor in the stockade or on the public streets not longer than thirty days, either or both, in the discretion of the court; provided, that nothing contained herein shall be construed so as to debar any bona fde resident of the City of Atlanta from selling medicines manufactured and prepared for sale in said city from a tent, when a license therefor has been granted by the Mayor and Gen- eral Council; provided, further, that no license shall be granted for a longer time than three months; and provided, further, that said license fhall be issued subject only to the right of the Mayor and General Council to revoke the same in their discretion at anv time. Vending of medicines, etc., on streets prohibited. Nov. 19, 1888. See Sec. 1488. Penalty. Medicine stands — license to sell medi- cines. April 5. 1S94. CHAPTER XLIII. JCENSE INSPECTOR "WARDEN ALMS. Section. 1515. Term, salary and bond. 1516. Duties. 1517. Maj' make arrests and cases. 1518. Atlanta Charitable Associatio 1519-1520-1521. Beggars. 1522. Burial of paupers. 1523-1524-1525. Notice of death of paupers must be given. License In- spector. Duty. Section 1515. The office of License Inspector of said city is here- by created, with a term of two years. The salary of said Inspector shall be one thousand ($1,000.00) dollars per year. Said Inspector shall be appointed by the Mayor and confirmed by Council, and hold office until the first regular meeting in July next, and until his suc- cessor is appointed and qualified, unless sooner removed by the Mayor and General Council for cause. All subsequent appointments, except to fill vacancies, shall be for a term of two years, with the same right of removal above stated. Said Inspector shall give bond in the sum of one thousand ($1,000.00) dollars, subject to the approval of the Mayor, conditioned for the faithful performance of his duties.' Sec. ]516. It shall be the duty of said Inspector to examine into all licenses granted by the city, to deliver all notices of expiration of same, to perform all other duties rec[uired of him bv the Tax Commit- tee. Also to have charge of the transportation and burial of paupers, 1 Salary fi.xed before each biennial election. Part III. — Ordinances. 363 and similar duties with which the Relief Committee may entrust him, and under the direction and control of said Relief Committee. Said Inspector shall also deliver the notices of water bills for the Water- ^!ater''bim!' works Department, if so instructed by the Mayor and General Council. Sec. 1517. Said Inspector shall be vested with power to prefer May anest an.i charges, and make arrest of parties violating the law of the city, and""^ ^ ^^^^^' _ shall take the oath required of special policemen, and have the right ^^ ^"' to wear the badge of same. Sec. 1518. Until further order of the Mayor and General Council, '. 1 1 ji XTT 1 i- • General relief no further general relief shall be dispensed by the Warden except into be by At- ,,,^.. ,,„,-,., lanta Charita- co-operation with and on approval ot the Superintendent ot the At- bie Associa- lanta Charitable Association, but this is not to interfere with the work '° .' ' Duties of of said Warden in the burial of paupers or the furnishing of trans- ^^^^'^g^J'^P.^I^'i. portation in proper cases, nor with the payment of the regular appro- cense inspect- priation made by the city to the support of the hospitals, homes, etCj^^^^^^ ^^^^ as heretofore provided for. Sec. 1519. It shall be unlawful for any person habitually to ask, ^^ ^^^^ beg or solicit alms in the City of Atlanta from any person whatever, except as hereinafter provided. Sec. 1520. It shall be the duty of every person who may be or who may think they are worthy objects of charity to make application to the Atlanta Charitable Association for relief, where it can be ascertained if they are worthy and their necessities be relieved. Sec. 1521. Any person who shall solicit or receive alms in any form whatsoever from any person whomsoever in said city, except as ^^n^'^y- provided in this ordinance, shall be fined by the Recorder's Court not less than one nor more than twenty-five dollars, or imprisoned not less than one nor more than thirty days, either or both, in the discretion of the court. Sec. ] 523. It shall be the duty of the head of the family in which Burials by city. any death shall occur, in cases where the burial is to be at the expense pauper deaths of the city, in whole or in part, to report the fact of such death and of tl Jcen^se'^ ^ the place at which it happened to the Warden of the City of Atlanta performs duty -, ■ -, V , n, ,^ i> 1 T i.1 of Warden in withm twelve (12) hours alter the occurrence oi such death. such cases. Sec. 1523. In case of the death of any person whose burial is likely to be chargeable to the City of Atlanta, at any hospital, infirmary or similar place, or at any hotel or public boarding-house, it shall be the duty of the superintendent or principal otlicer in charge of such insti- tution, or of the keeper of such hotel or boarding-house, to report the fact of such death to the City Warden within twelve hours. Sec. 1524. Any person violating the provisions of either of the two last foregoing sections shall be punished, on conviction in the Re- corder's Court, by fine not exceeding one hundred dollars, or impris- onment not exceeding thirty days, either or both, in the discretion of the court. 364 Part III. — Ordin^ances. CHAPTER XLIY. LIQUOR TRAFFIC. Section. 1526. AppLcants for license — how advertise. 1527. Retail license — price of — also of retail beer license. 1528. Applications for wholesale licenses, not outside retail limits. 1.529. Wholesale, from quart upwards. 1530. Wholesalers open and close as retailers. 1531. Liquors not sold with drugs. 1532. Penalty. 1538. Wholesalers pay $200.00. 1534. Repeals conflicting ordinances. 1535. Penalty for sale without license. 1536. Licenses revocable. 1537. Keeping- for unlawful sale. 1538. AVholesalers close on holidays, except as to country trade. 1539. Retail liquor limits. 1540. Separate beer license not granted in retail limits. 1541. Only persons of good character licensed. 1542. Screens, etc., forbidden. 1543. On level with street. 1544. Gaming apparatus, etc., not allowed in 1.545. Loitering in saloons forbidden. 1546. Hours of opening and closing saloons 1547. Closed on certain days. Section. 1548. Oath of applicants. 1549. No selling without license. 1550. Sign of retailer. 1.551. OfRcers admitted. 1552. Penalty. 1553. Conviction forfeits license. 1.554. Application for license — how made. 15.55. License revoked for violation of law 1556. Regulations as to transfer. 1557. To whom license not issue. 1558. Not keep on hand for unlawful sale. 1559. Empty beer kegs on sidewalks. 1560. Retail license at Piedmont Park. 1561. Retail of beer, etc. 1562. Forfeiture of license. 1563. Minors not allowed in saloons. 1.564. Punishment of minors. 1565. Sign as to minors. 1566. Sale of alcohol. 1567. Liquors not sold by measure for use on premises. 1568. Penalty. 1569. Transfer of license. 1570. No lunch to be served. 1571. Liquors not to be sold in connection with other business. 1572. Penalty. Section 1526. Each applicant for license to sell spirituous or Applications ^^^^^^ liquors, or wines, and each applicant for street railway or other cens"Tnd c^lr- railroad, or telephone or telegraph franchise, within the Citiy of At- must be tised. April Retail liquors, $1,000.00. Malt liquors, $250.00. lanta, shall before such application is made to the Mayor and General Council of the City of Atlanta, give notice of the purpose to make such application, by advertisement at least five times on different days in a daily paper published in the City of Atlanta, and having a gen- eral circulation among the citizens of said city, which notice shall con- tain a particular description of the location of the proposed liquor business, or of the lines or routes of the street franchises wanted, as the case may be. Sec. 1527. The price of each license to retail spirituous or spirituous and malt liquors, shall be at the rate of one thousand dollars per annum, and the Clerk's fee of fifty cents, which in each case may be paid quar- terly in advance, and the holder of such retail license shall be privi- leged to sell spirituous, or spirituous and malt liquors, not only in quan- tities less than one quart, but also in such larger quantities, as pur- chasers for consumption may desire. The price of each license to retail lager beer and malt liquors only shall be at the rate of two hundred and fifty dollars per annum, and Clerk's fee of fifty cents, payable quarterly in advance.' 1 See annual ta.x ordinance. Part HI. — Ordinances. 365 Sec. 1528. All persons, firms, corporations or companies desiring ^pp^j^^^j^^ ^^ to engage in the sale of spirituo;is or malt liquors at wholesale in said ^f^j'^^^^jf^ ^^^ city shall make written application to the Mayor and General Council ^^^"^^^^ *^°""- for such privilege, and the said Mayor and General Council may, in section 1539 their discretion, grant or refuse such privilege upon each application f^uor H^its. made; provided, that no such privilege shall be granted to carry on such business at any place in said city outside of the limits prescribed for tiie retail of ardent spirits; and provided, also, that no wholesale liquor license shall^ be granted except to persons, firms or corporations bona fide engaged or intending to engage in the wholesale trade in liquors. Sec. 1529. From and after the 31st day of March, 1898, it shall be unlawful for any person, firm or corporation dealing in spirituous cr/sef/k^^ or malt liquors, otherwise than under retail license granted by the a "commercial ]\Iayor and General Council of the City of Atlanta, to sell such ^"'''^ ' liquors in less quantities than one quart, what are known to the trade as commercial quarts being reckoned as quarts within the meaning of this ordinance, nor shall it be lawful for such dealers when selling goods by the quart or upwards to permit the same to be used on the premises where sold, or kept by the purchaser in the store of the dealer for such consumption. Sec. 1530. Dealers in liquors at wholesale shall conform to the ^yij^igsaigrs regulations for opening and closing saloons prescribed by existing ^^^^^J^^^ig^jf^j.^, ordinances, and such as may be hereafter made, and shall also conform q^^'//! to'^do^o to the laws and ordinances preventing the sale or furnishing of liquors on election days, Christmas days, Sundays, and other holidays on which retail saloons are required to be closed. Sec. 1531. It shall be unlawful to sell liquors at wholesale or re- tail in connection with drugs or in drug stores; provided, that the ^gii^]^^"connec- compounding of liquors with drugs as part of prescriptions, bona fide ll^J^eZ"^^ ^^""^ made by reputable ph3'sicians in the treatment of disease, shall not constitute a violation of this ordinance. Sec. 1532. A violation of any of the provisions of the preceding sections of this chapter shall subject the offender, upon conviction ^"'^ ^' thereof, to punishment by fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discre- tion of the Recorder's Court, and such conviction shall work a for- feiture of the license of the offender or dealer in whose place the offense occurs. Sec. 1533. The current tax ordinance is herebv amended bv strik- " " Wholesale li- mg out the figures 50.00, when they occur in the 8th line of the divis- cense, $200.00. ion under the letter "L," on page twenty-four of said ordinance, as published, and inserting in lieu thereof the figures 200.00, so that said 8th line when amended will read as follows: Liquors, beer or wine, at wholesale, $200.00. The intent of this amendment being to fix the 366 Part III. — Ordinances. registration tax on wholesale liquor dealers at $200.00 per annum in- stead of $50.00 per annum." Sec. 153-4:. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance be, and they are, hereby repealed, but the ordinance shall not be construed to repeal any of the restric- tions heretofore thrown around the liquor traffic by existing ordi- nances. Sec. 1535. Any person, firm, corporation, or company, who shall sell or offer for sale at wholesale, any spirituous or malt liquors, with- out* ifcense!'"^ out having first complied with all the provisions of this ordinance, Dec. 9, J 887. shall, on convictiou thereof, be punished by a fine not exceeding five hundred dollars, or imprisoned not exceeding thirty days, or both, in the discretion of the court. Sec 1536. Every license under this ordinance shall issue for one year, or for the balance of the fiscal year, so as to expire on the 30th ^icense levoca- ^^^ ^^ ^^^ following Junc, but may be paid for quarterly in advance, Dec. 9, 1887. but may be revoked by the Mayor and General Council at any time upon refunding the applicant the pro-rata amount for the unused time, and no license is transferable except by consent of Mayor and General Council. Such license shall protect but one place, and that the place specified in the license. Sec. 1537. Any person, firm or corporation who shall keep for un- „ . lawful sale in anv store, house, room, office, cellar, stand, booth, stall, Keeping on ^ > ^ ^ hand for unlaw- qj. other placc, OP shall have contained for unlawful sale in any barrel, ful sale. ^ ' June 21 1886 ^'^^t^' '^^^' dcmijohn or other package, any spirituous, fermented, or malt liquors for such sale, shall, on conviction, be punished by fine not exceding five hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of the court. Sec. 1538. All laws relating to the closing of retail beer and liquor whSle^ii- saloons on holidays are applicable alike to wholesale houses, except holidays"'^' °" where it is strictly shipping to parties outside of Fulton county. The Approved Oct. ^^mc penalty that operates against retail dealers for a violation of the 22, 189*. liquor laws apply in violation of this section. Sec. 1539. The Mayor and General Council may, in their discre- tion, grant or refuse license to sell, at retail, spirituous or malt liquors, 'Ss. ^''^"°' on the business portion of the following streets, between the points named on each application made, to-wit : On Whitehall street, from the railroad at Peachtree street to Peters street ; on Peachtree street. from the railroad at Whitehall street to Luckie street; on Marietta street, from Peachtree street to Foundry street; on Decatur street, from Marietta street to Butler street ; on Broad street, from Mitchell street to Luckie street; on Mitchell street, from Forsyth street to Whitehall street; on Hunter street, from Forsyth street to Pryor street ; on Alabama street, from Forsyth street to Loyd street ; on Pryor See annual tax ordinance. Part III. — Ordinances. 367 street, from Exchange Place to Hunter street ; on Wall street, from Peachtree street to Loyd street; on Loyd street, from Decatur street to Alabama street; on Forsyth street, from Alabama street to Walton street; on Peters street, from the Central Railroad to Fair street. Sec. 1540. Within the limits above provided, on the streets above ^o separate named, no separate license for the sale of lager beer or malt liquors shall above'TimUs. '" be issued. Outside of the above limits on business j)ortions of business streets within practicable and efficient police supervisions, and in locali- ties where there is no reasonable objection thereto, licenses may be is- sued for the retail of lager beer and malt liquors only. Should any deal- er licensed to sell lager beer and malt liquors only, by himself or agent, have, or keep on hand, or sell, furnish, or offer to sell, or furnish to any ifc^nse!^ where persons any spirituous liquors, his license shall thereupon and thereby llled. "" be forfeited, and such person so offending shall, on conviction thereof, be fined not exceeding five hundred dollars and imprisoned thirty days. The sentence, on conviction, shall include imprisonment and shall not be less than thirty days, and in any such case neither the flavor, nor the Mayor and General Council, shall have any power or authority to reduce or relieve the sentence by revision, pardon or otherwise; and such person shall not thereafter be entrusted with any license to sell spirits or malt liquors. Any agent of anv such licensed dealer in malt ' Penalty for liquors who shall violate the foregoing provisions shall be subject to hoWer of beer license who the penalties and disqualifications hereinabove provided. All licenses seiis spirituous , . ^ '■ liquor or keeps lor the retail of lager beer and malt liquors shall issue subject to the 't on hand, right and purpose of the city by its police officers and policemen, and special agents and inspectors at any and all times to inspect the con- duct of the business of any such licensed dealer and agents, as also the character of the stock kept by any such dealer. Sec. 1541. No license to retail, as aforesaid, shall issue to any per- ^.^.^^^^ ^^^^^^^ son other than of good character, sobriety and discretion, and regard ^° '''''""'■ to this shall be had on, and as to, each application made. Sec. 1542. No place for which a license to retail as aforesaid shall issue, shall have any screen, blinds or painted glass or other obstruc- No screens, blinds or tion of the view through the doors and windows thereof. License shall vteTetT' '"^ not issue for any place which does not front on, or have the main en- trance thereto, directly from a public street, but this requirement shall not apply to hotels where the bar is so situated as to be open to the view generally of persons stopping at said hotels. Sec. 1543. No license shall issue for any place not substantially Places must be on a level with a public street, except that the Mayor and General leveVwhh ' Council may, in their discretion, grant or refuse license to retail in^J^tg ^ase- basements sufficiently open to view. ments. Sec. 1544. No gaming table, gaming device or apparatus, shall no gaming or be kept or used at any place for which license is granted, nor shall any ffioii"d at an% game by cards, ten-pins, or music, or otherwise, be played at any such''^*^^ "^*"**^ ' 368 Part III. — Ordinances. ISO loitering: of ci„p -i - . - drunken or dis- ^^C. Io40. orderly per- Hours of opening and closing. Close on cer- tain days. Also close on all election days under State law. Dec. 17, 1888. Oath of appli cants for retai liquor license. place for ainiisemeut, exercise, or for anything of value, nor shall any pools be sold, providing the keeping of billiard and pool tables and playing thereon for exercise or amusement only, shall not be prohil)ited in hotels when the same are in a different room from the bar. ISTo person to whom a license is issued shall permit drunken or disorderly persons to assemble or loiter therein. Sec. 1546. No place for which a license is granted shall be kept open later than ten o'clock p. m., or ojiened earlier than five o'clock a. ni. Sec. 1547. 'No person licensed to sell spirituous or malt liquors in said city, shall keep open his place or sell or furnish liquors on the Sabbath, Fourth of July, or Christmas day, or on occasions when, in the judgment of the Mayor and Police Commissioners, the conserving of the peace and order of the city requires closing, and they first notify such dealer to close. Sec. 1548. All persons to whom licenses shall issue shall take- the oaths required by law, and any person hereafter applying for the grant- ing of retail liquor or beer license, or the removal or tranfer of such license, shall be required, in connection with such application, to take, subscribe, and file an affidavit stating that the applicant has not been convicted of violating the State laws regulating the liquor traffic, or the city ordinances which provide for granting of retail liquor and beer licenses and prescribes for the conduct of licensed saloons, and further stating that no indictment or accusation is pending against him in the State court, or any Eecorder's Court, charging such viola- tion. Any person falsely swearing to the affidavit required by this section, shall be prosecuted by the Chief of Police in the Superior Court of Fulton county. Sec. 1549. Xo person shall, in said city, retail or sell in quantities less than one quart, any spirituous or malt liquors without having ob- tained license therefor, paid the required price, given the bond and taken the oath provided by law and ordinance. Sec. 1550. Licensed retailers (hotels excepted) shall, within five days after obtaining license, affix a sign board near to, or over his door, on which shall be printed in plain words, "Licensed retailer of spiritu- ous liquors." Sec. 1551. It shall be the duty of each and every licensed retailer Officers to be of spirituous liquors to admit the Mayor or any member of the Gen- ^ ^^ ^ ■ gral Council, Police Commissioner, or any police officer or policeman, into his or her premises at any time when such permission may be de- manded. Sec. 1553. Any person violating any of the foregoing provisions of this ordinance shall, for each offense on conviction thereof, be fined not exceeding five hundred dollars, or imprisonment thirty days, either or both, in the discretion of the court. Penalty. No selling without li cense. Sign of retailer Penalty. I Part III. — Ordinances. 369 .Sec. 1553. The conviction in a State court of any person licensed Conviction to retail s])iritnous or malt liquors for the violation of tlu' Stati;^;^'';^^ /P^^'^,;, statutes in relation to tlie sales oi' ardent spirits to a minor or jx'rson already intoxicated; or the conviction of a retailer before the Record- er's Court for the violation of any of the provisions of this ordinance, shall worlv an immediate revocation of the license of such person, and for any further exercise of the privilege granted by such license, he shall be punished as one retailing without license.^ Sec. 1554. Each person applying for license to retail as aforesaid Appiicati.,n for shall, at the time of application, deposit with the Clerk a written de-madT' script ion of the place where he desires to carry on the business, and a (-(■rtitieate of two, one of whom must be an adjoining neighbor, or more of his sober, respectable, near neighbors, not interested in the applica- tion, recommending the applicant as fit to be trusted with such license; and shall also present the written consent of the owner or agent of the premises in which he desires to carry on the business. The applicant shall also tender a bond, with good security, in the sum of one thou- sand dollars for the keeping of a decent and orderly house, and for given, compliance with all laws of the State of Georgia and said city relat- ing to the liquor traffic and the regulation thereof. In case of any and each breach of the condition of said bond the amount thereof shall be liquidated damages and recoverable in action in favor of said city for the same. In case the Mayor and General Council shall direct suit, and by resolution, or vote, declare a breach of any bond to have occurred, said body may also declare the license of the party forfeited and revoked. Each bond tendered shall have at least two names as securities thereon. The securities shall also justify as to their solvency to the amount of bond over and above debts and liabilities, and home- stead and exemption laws. When the application is made and bond tendered, as above provided, the same shall be referred to the com- mittee on police, who shall personally examine the location and sur- roundings of the place for which license is applied, notify, or have noti- fied, adjacent tenants or owners, or agents of owners, and also the owner, tenant, or agent of the owner of the place, or building, for which license is applied, as may be practicable, of the pending of such application and report thereon, at the next regular meeting of Mayor and General Council, or as early thereafter as practicable. Sec. 1555. The price of license to retail, the time it mav last. .June 10, 1898. License re- voked for vio- law. and the amount of bond, may be fixed or changed at any time, provided no vested rights are impaired by such change; otherwise all such ia°tion of' license shall expire on June 30th, following the date of same, but may be revoked at any time by the Mayor and General Council for the vio- lation of any of the provisions of this ordinance, any other ordinances 1 See Oeneral Laws. {24) 370 Part III. — Ordinances. License — reg- ulations as tc transfer. To whom li- cense shall not issue. Not keep li- quors on hand for unlawful sale. Dec. 13, 1887. of the city, or laws of the State, relating to the retail liquor traffic and regulation of the same. Sec. 1556. No license is transferahle, except hv consent of the Ma3^or and General Council, as regard shall be had to the person to be entrusted with such license. No license shall protect more than one place, and that the place described therein, and no liquors shall be retailable in the streets of said city. Sec. 1557. Xo license to retail shall issue to any person who shall liereafter sell liquors by the gallon in said city under wholesale license, where the purpose of said person shall be to supply other than licensed dealers with liquors, and where the amount and extent of the stock kept by such persons are less than requisite for the carrying on, in good faith, the wholesale trade. Kor shall retail license issue to any person who shall hereafter, in said city, sell liquors by the gallon with the knowledge that persons acting together in purchasing the same will immediately divide, or have the dealer selling the same divide it for immediate consumption or carrying away. Sec. 1558. Any person who shall keep on hand for unlawful sale by the quart, any liquors kept ostensibly for sale at wholesale by the gallon, or shall permit the division of the same by purchasers,- or others in his presence, or shall retail the same, shall be debarred of a whole- sale or retail license hereafter, and in addition, shall, on conviction of either offense named in this and the preceding section, l)e fined not exceeding five hundred dollars, or imprisoned thirty days, either or both, in the discretion of the court. Sec. 1559. It shall be unlawful for empty beer kegs to remain on the sidewalks or streets of Atlanta longer than twenty-four hours after being placed there ; and all breweries or their agents, doing business in said city, are required to make daily collections of empty kegs, and any brewery or agent violating the provisions of this ordinance shall, upon conviction before tlie Recorder, be fined not less than five dollars and costs for each offense. Sec. 1560. On compliance with all laws and ordinances of the city with reference to obtaining license to retail liquor, and the deposit of ten dollars per day, and Clerk's fee for the time applied for, accompa- nied by the written consent of the authorities of the Gentlemen's Driving Club, or the Piedmont Exposition Company, the Clerk of Council is authorized to issue license to retail malt and spirituous liquors on the grounds of the Piedmont -Exposition Company, or Gen- tlemen's Driving Club; provided, that the hours of closing shall be ten o'clock p. m., and of opening seven o'clock a. m., and the person or persons receiving such license shall be subject to all laws and ordi- nances regulating the retail liquor traffic. Such license shall be sub- ject to forfeiture at any time on the request of either the Piedmont Exposition Company, or Gentlemen's Driving Club, or authorities Empty beer kegs on side- walks. Regulations ai to. Nov. 19, 1888. Retail liquor license at Piedmont Park. April 16, 1888. Part III. — Ordinances. 371 thereof, and licenses are also taken subject to this provision for for- feiture. Sec. 1561. All the provisions of the ordinance aforesaid, of the provigjong ap. retail liquor ordinance, relating to application, bond, license, regula- Pgng^J'^o/retaii tion, selling without license, penalties, forfeiture of license, etc., etc.,°^ ^^^''' in case of retail of spirituous, or malt and spirituous liquors, shall apply to the retail of lager beer and malt liquors, except as otherwise herein provided. Sec. 1562. The Mayor and General Council shall forfeit the Forfeiture of license of any retailer of either spirituous or lager beer, or malt liquors, whose place becomes a nuisance or of ill repute, by disorder thereat, or otherwise. Sec. 1563. It shall be unlawful for any minor to go into any place where spirituous or malt liquors are kept for retail, unless by written lovyed in re- consent of parent or guardian, and any minor violating the provisions places, of this ordinance shall, on conviction before the Recorder, pay a fine Mar. 4, issy. of not less than five dollars, or work on the public works not less than five days. Sec. 1564. Any person under twenty-one years of age who shall, p^,j,jg,^^pjjj ^,f under false representation as to age, buy or allow to be bought for him, minors. other than by parent or guardian, any liquors, malt or spirituous, in any retail saloon of this city, shall, upon conviction before the Re- corder, pay a fine of not less than twenty-five dollars, or serve not less than twenty-five days on the public works. Sec. 1565. All places licensed to retail spirituous or malt liquors ^^^ ^^ to shall have posted in conspicuous places about their place of business, '"'"°''^- *'No minors allowed in here," and the same shall be considered suffi- cient notice. Sec. 1566. When any person applies to any druggist or other law- ful dealer for the purchase of alcohol, and shall state that it is bought ^^ ° for mechanical, medicinal or chemical purposes, the statement or as ""^ ' surance of said purchaser as to the use intended shall be a complete protection for such druggist or other lawful dealers in alcohol, from any prosecution under any city ordinance. Sec. 1567. It shall be unlawful for any retail dealer in spirituous , , , . . ... 1,1. • 1 ^ Retailers must and malt liquors, or m spirituous or malt liquors, m the City of At- not seii in lanta, to sell any of such liquors by the quart, pint, half -pint, gill or used on the i-o premises, ex- other measure, to be used or drank m the premises where sold. This cept bottled beer. shall not apply to bottled beer. Sec. 1568. Any person convicted before the Recorder's Court of said city for a violation of the foregoing section, shall be punished by fine not exceeding one hundred dollars, or imprisonment not exceed- ing thirty days, either or both of these punishments, in the discretion of the court, for each offense. Sec. 1569. Any person who shall begin business as transferee of 372 Part III. — Ordinances. Transfer of ^^^® liceiisG of aiiotlier withovit first advertising, filing liis petition and license. obtaining the consent of the Mayor and General Council, as now re- quired b}^ law regulating the issuance of retail liquor license, shall be held and considered as carrying on said business without a license. Any person convicted of a violation of this section shall be fined not more than five hundred dollars, or imprisoned not more than thirty days, in the discretion of the Eecorder's Court. Sec. 1570. It shall be unlawful for any retail dealer in liquors in No lunch to be ^his city to keep at his place of business, or furnish to his patrons or Weror'by** visitors at such place, any food of any sort, except crackers, cheese, waiters. pretzels, pickles and sausage, which shall not be served by waiters or Does not apply ou tablcs, but ouly ou the counters ; provided, hoivever, that when such taiiy"dTscon-*°' dealer has a license to keep a hotel, eating house, or lunch room, or barroom!" * staud, totally disconncctcd with the barroom, this ordinance shall be applicable only to the barroom. Sec. 1571. Liquor or beer shall not be sold, at wholesale or retail. Liquors not to in conncctiou with any other business, except that dealers in liquors nectk>n with°" and bccrs at wholesale or retail may carry in stock and in their bar or ness. wholesale room cigars, tobacco, cigarettes and similar goods, usually constituting part of the stock of a liquor store or saloon. This section is operative on and after October 1, 1898. Sec. 1573. A violation of any of the provisions of Sections 1570 and 1571 shall subject the offender, on conviction thereof, to punish- ment by fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, either or both, in the discretion of the Eecord- er's Court, and such conviction shall work a forfeiture of the license of the offender, or dealer, in whose place the offense occurred. Penalty. Aug. 19, 1898. CHAPTEE XLV. POWDER. Section. Section. 1573. Quantity to be kept. 1576. Council 1574. License to sell. 1577. Signs. 1575. License— how obtained. Section 1573. No merchant, or other person, shall, within the City of Atlanta, keep in any house, or over night, except in a public ware- keg only to be housc, morc than one keg of powder at a time, which shall be kept in a tin can; and for a violation of this ordinance, the offender may be fined not exceeding one hundred dollars and costs, or imprisoned not exceeding thirty days, in the discretion of the Eecorder's Court. Sec. 1574. It shall not be lawful for any person or persons to sell License to sell gunpowdcr without first having procured a license from the Clerk of Council, who .shall receive a fee of fifty cents for each and every license Part III. — Ordinances. 373 granted for the term ol' one year; and any person or persons selling p^^^ ^^ jj^^^ without first having obtained sueh license, shall, on conviction before "'^ "■^^''"'^• the Recorder's Court, pay a tine of one hundred dollars and costs of trial, for each and every day the party so convicted shall have violated penalty, this ordinance, or be imprisoned not more than thirty days. Sec. 1575. When any person desires to sell powder as a part ^ode of pro- of his or their business, all such persons shall first petition the Gen- tifn Ticense"^' eral Council for a license, and accompany sueli petition with the names of three of his or their neighbors, where powder is to be sold, signifying their willingness; and such applicant shall give bond and security in the sum of five hundred dollars, that he will not violate .any ordinance relating to the sale of powder in Atlanta. Sec. 1576. When application is made in writing, to Council, it shall be competent for the board to grant or refuse license, if, in their refuse, opinion, the applicant or bondsman is not responsible, or in any way disqualified for such trade or traffic in gunpowder. Sec. 1577. All persons licensed to sell powder shall be required to place a sign over their place of business, as follows : "Licensed to sell powder," and shall keep their powder in a long necked tin can. Any one violating this provision shall be fined, on conviction, not exceeding Penalty, one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the Recorder's Court. 374 Part III. — Okdinances. CHAPTEK XLVI. POLICE DEPARTMENT. Sect] 1578- 1580. 1581. 1582. 1583. 1584. 1585. 1586. 1587. 1588. 1589. 1590. 1591. 1592. 1593. 1594. 1595. 1596. 1600, 1601. 1602. 1607, 1608 1610 1611. 1612. 1613, 1614. 1615. 1616. 1617. 1618. 1619, 1620. 1621. 1622. 1631. 1632. 1636. 1637. 1579-1579 (a). Board of Commissioners — Organization, etc. Election and term. Board governs force. Make rules for force. Meetings of the Board. Chairman presides. Chairman pro tem. Secretary's duties. Committees and reports. Motions written. Rules of discussion. Questions of order. Reconsideration. Secret sessions — when. Communications. May change rules. Rules suspended — how. Parliamentary laws. Adjournment. Urder of business. Chief of Police. His orders obeyed. His general duties. Chief's responsibility. Books kept by Chief. Itemized bills. May suspend subordinates. Assistant Chief. Notice read to force. 1609. Stolen property. Pawnbrokers, etc. Chief of Detectives. Control detectives. Pay of detailed detectives. Chief keeps record. Record of arrests. Makes daily report. Report of detectives. Sign Chief's name — when. Communications copied. Letters approved by chief. Files kept. Likenesses kept privately. Report of money, etc., recovered. Register same. Daily reports from detectives. Presents not received. Not leave city, except so ordered. Abate gaming houses, etc. Detective agency. Assuming to be policemen. Captains — responsibility of. See that men are neat. Captains' authority. Note absentees. As to reliefs. As to complaints. Keep time book. Must know rules. Visit beats of men. Section. 1640. Report violations. 1641. Inspect pawnshops, etc. 1642. Report half hourly from boxes. 1643. See horses are groomed. 1644 Have orders read. 1645. Require -wTitten reports. 1646. Detail reserve men. 1647. Designate relieving points. 1648. Sergeants act as Captains— when. 1649. Sergeant in command. 1650. Captains require reports of suspicious houses. 1651. Order of march. 1652. Sergeants remain with watches. 1653. Sergeants' responsibility. 1654. Report violations. 1655. Report half hourly from boxes. 1656. Inspect men's dress, etc. 1657. Station House Keepers. 1658. Time, etc., kept by. 1659. Record of prisoners' property. 1660. Make call men respond. 1661. In charge of turnkeys. 1662. No admission, etc. 1663. Liquors forbidden— report. 1664. Record of moneys, etc. 1665. Separate State and City dockets. 1666. Impounded stock book. 1667. Talking with prisoners. 1668. Search of prisoners. 1669. Receipts for prisoners' effects. 1670. Delivering of effects to other officers — not search sober prisoners. 1671. Patrolmen give whole time. 1672. Orderly and civil. 1673. Answer questions politely. 1674. Dismissed for intoxication. 1675. Not bring liquors to station. 1676. Neatness required. 1677. Weapons, etc., carried. 1678. Walk beats— not talk. 1679. Keep on beat. 1680. Know streets, houses, etc. 1681. Know people. 1G82. Report suspected persons and places. 1083. Arrests on complaints. 1684. Notice hacks, etc. 1685. Public houses — drinking places. 1686. Detailed men. 1687. Not off duty without leave. 1688. Not recommend others to police service, 1689. Not raise contributions. 1G90. Rewards — Board controls. 1691. Reserve duties. 1692. Keep sidewalks open. 1693. Remove banana peel. 1694. Quell disturbances. 1695. Report contagious diseases. 1696-1697. Politeness required. 1698. Not betray special orders. 1699. Report street defects. Part III. — Ordinances. 375 Section. 1700. Lost children rescued. 1701. Fire alarm. 1702. Assist sick or injured. 1703. Arrest reckless drivers— lights- bers. 1704. Red lights at dangerous places. 1705. Be truthful. 1706. Not criticise superiors. 1707. Pay debts. 1708. Cruelty forbidden. 1709. Not active in politics. 1710. Stolen property delivered. 1711. Not smoke on duty. 1712. Report hourly from boxes. 1713. Stay on beats. 1714. Study ordinances. 1715. Report change of residence. 1716. Know rules. 1717. Cattle taken up. 1718. Selling cigarettes. 1719. Leaks in water pipes. 1720. Junk dealers. 1721. Mounted men do foot duty. 1722. Callmen respond promptly. 1723. Wagon men's duty and responsibil 1724. Duty of turnkeys. 1725. Custodian's duty. 1726. Superintendent and system. 1727. Duty of Superintendent. 1728. Operators. 1729. Duty of operators. 1730. Report calls. Section. 1(31. Reserve force. 1732. Engineers. 1733-1734. Their duties. 1735. Special policemen. 1736. Private watchmen. 1737. Requisites of. 1738. Rules. 1739. Preferred in writing. 1740. Officers prefer charges. 1741. Officers report charges made by citizens. 1742. Previous convictions noted on cliarge. 1743. Trials regulated. 1744. Judgments read at roll call. 1745. Oath of Commissioners. 1746. Oath of Chief of Police. 1747. Oath of Assistant Chief. 1748. Oath of Captain. 1749. Oath Station House Keeper. 1750. Oath of patrolmen. 1751. Application for appointment on the po- lice force. 1752. City physicians examine applicants. 1753. Present force and pay. 1754. Clear streets for military parades. 1755. Also for civic parades. 1756. Clearing the streets. 1757. Penalty. 1758. Arrest for violation of State laws as to parades. 17.58 (a) to 17.58 (d). Police regulations as to Collins Park and Belt Railroad. Section 1578. The police force of the City of Atlanta shall be gov- ^^^,^^^^^^^ erned and controlled b}- a board consisting of seven Police Commis- of police force, sioners, of whom the Mayor shall be one. The board, in the manage- ment of the police force, shall be guided and controlled by the city charter, existing ordinances, and such additional ordinances as may hereafter be passed by the Mayor and General Council. Sec. 1579. Whereas, There is no ordinance of the City of Atlanta preamble, providing for the organization of the Board of Police Commissioners ; and Whereas, Such an ordinance seems necessary ; therefore, Be it ordained hy the Mayor and General Council of the City of Atlanta, That the Mayor, who is an ex-officio member of the Board of s[de°in ^organ- Police Commissioners, shall be and shall act as chairman of the Board Board''of° Po- of Police Commissioners at the next regular adjourned or called meet- sJoneS?"""'^' ing of the board, after the adoption of this ordinance, and until the board is reorganized. At the expiration of every Board of Commis- sioners it will be the duty of the Mayor to preside until a new chairman is elected. When the Mayor is acting as chairman he shall appoint a secretary pro tern., to serve until his successor is duly elected. At the next regular adjourned or called meeting of the Board of Police Commissioners of the City of Atlanta, it shall be their duty to reor- ganize said board by the election of a chairman, chairman pro tern.,. 376 Part III. — Ordinances. Vacancies, how filled. and secretary, and when such organization is effected, it shall con- tinue until the first meeting of said board occurring after the election of a Police Commissioner, in March, 189G, and annually thereafter, when the board shall be reorganized, as provided for in this ordinance. The Mayor shall discharge all duties of chairman while acting chair- man. Sec. 1579 (a). If any vacancy occurs in either of said positions, it may be filled by an election at the meeting of said board occurring next after the happening of such vacancy or vacancies. In voting for chairman, chairman pro tern., and secretary of the board, and in vot- ing for police officers and policemen of the City of i^tlanta, and in voting in all trials held before said board, the Mayor and the chair- man, and the chairman pro tern., and acting chairman, shall be entitled to vote on all questions, without reference to any question of a tie vote, the intent being to provide that each member of the board shall have the right to cast a vote, and only one vote in any event. Sec. 1580. The Police Department of the City of Atlanta consists of a Board of Police, composed of five Commissioners (elected by the Mayor and General Council), and a police force and officers appointed by said Board. The Mayor of the City of Atlanta is an ex-officio mem- ber of the Board of Police Commissioners. They are elected for three years, one retiring one year and two the next. Sec. 1581. The Board of Police Commissioners governs and con- trols the Police Department, its business and affairs ; is invested with and exercises all the powers conferred by the laws of the State and or- dinances of the city. The chairman is the chief executive officer of the board. It is his duty to require the officers of the department to rigidly enforce the criminal laws of the State, ordinances of the city and the rules governing the department. When the board is not in ses- sion he shall represent them on all matters and emergencies that may arise where the same is not fully provided for in the rules governing the Police Department, and his action shall stand as a rule or order until the next meeting of the board, at which time the same shall be ratified by a majority of the board. It is the duty of each member of the Board of Police Commissioners to acquaint the Chief of Police or other officer in command with all violations of the criminal laws of the State, ordinances of the city and rules governing the department that may come to their knowledge. They shall be prompt in attend- ing all meetings of the board, and will notifv the chairman or Chief of Police before absenting themselves from the city. Sec. 1582. The government and discipline of the Police Depart- ment shall be such as the Board of Police Commissioners may, from time to time, by rules and regulations prescribe. Sec. 1583. The Board of Police Commissioners shall meet once every month, or oftener if necessary ; the day and hour left discretion- Board of Commission- ers. Election and term. The Charter, Sec. 174. now provides for six Commis- sioners, be- sides the. Mayor. Govern police force under laws and ordi- nances. Chairman chief execu- tive officer. Members noti- fy Chief of Police of crimes coming to their knowledge. May make rules for force. Meetings of Board. Part III.— Ordixances. 377 ary with the board. A majority of the board may call an extra session whenever the emergency demands. In emergency tlie chairman is au- thorized to convene the board. Sec. 1584. The chairman shall tako the chair at tiie linur ^ipp^^^^^t- p,,airn,an p^g. ^d for any meeting, and shall call the members to order, and on the ^"^''®- appearance of a quorum (four members), shall cause the minutes of the preceding meeting to be read and approved. Sec. 1585. In the absence of the chairman, the chairman pro Inn. chairman pro. is vested with all the powers of the chairman during such absence, i^l^n. '"^^' *' In absence of both, the Commissioners present shall select a chairman to act during the time of such absence. Sec. 1586. The secretary shall keep a correct record of all proceed- ings of the Board of Police Commissioners and record same in a book keeps records kept for that purpose. Whenever the "ayes" and "nays" have been aye and°nay called for on any question, the same shall be recorded when desired l)y 'any member of the board. Sec. 1587. The chairman shall appoint all committees: and they f.,j„^ittees shall report at the succeeding regular meeting on any matter ' referred p"rts!^"' ^^ to them, or show cause of failure to report. Sec. 1588. All motions must be reduced to writing if the chairman Motions wu- or any member of the board desires it ; and in all matters coming be- '"""■ fore the board, a majority shall govern. iajontj Sec. 1589. Xo member of the board shall speak on the subject un- as to discus- der discussion until first rising to his feet. When more than one '''°"' member shall rise at or near the same time, the chairman shall decide in favor of the member first attracting his attention. Every speaker shall address the chair, and no member shall interrupt him except to call him to order. Sec. 1590. The chairman shall decide all questions of order, but Questions of any member dissatisfied with his decisions shall have the right to ap- order. peal to the Board. Sec. 1591. A motion to reconsider any of the proceedings of the board will not be entertained unless it be made ])y a member who pre- t'O" viously voted with the majority. Sec. 1592. In the trial of any member of the police force, charged Reconsidera- Secret sessions to dec trials. after the testimony and argument have been heard, until the decision of the board is formed. Sec. 1593. Xo communication to the board shall be entertained p^^^^ unless the same is in writing. *'°"^- Sec. 1594. A majority of the Board of Police Commissioners may enact, modify and repeal, from time to time, any orders, rules and reg- ]]^^^'^ ulations governing the Police Department of the City of Atlanta, the same not to conflict with the Constitution of the United States, the laws of the State of Georsia, or the ordinances of the citv. 378 Part III. — Ordinances. Suspension of rules. Parliamentary law enforced. Chief of Po- lice. Orders obeyed. Confer with Chairman. His orders obeyed. His general duties. Streets, bridges, etc. Sec 1595. The rules of the board shall not be suspended except by a unanimous vote of all the members present. Sec. 1596. The chairman, when the board is in session, sliall en- force parliamentary rules so far as they may be applicable to such a body. Sec 1597. A motion for adjournment shall always be in order. Sec. 1598. The order of business shall be: 1. Keading the Minutes of previous regular and called meetings. 2. Trials. 3. Petitions and Communications. 4. Auditing Bills and Accounts. 5. Eeports of Committees. 6. Eeports of Special Committees. 7. Eeports of Officers. 8. Eesolutions. 9. Elections. 10. New Business. Sec 1599. The Chief of Police is the chief executive officer of the police force. He will have the general supervision of every depart- ment of the force, and will be held accountable to the Board of Police Commissioners for the promulgation of all orders or regulations made or given by the board. Every member of the police force shall respect and obey all orders issued by the Chief. It shall be his duty to confer fully and be advised by the chairman of the board on all important matters pertaining to the government of tlie department not pro- vided for by the rules governing the officers and members of said de- partment. Sec 1600. He shall have power to give such orders to the cap- tains, members of the police force and the Detective Department as he may deem proper ; and it shall be their duty to render to him and his orders implicit obedience. Sec 1601. It shall be his duty at all times, day or night, to pre- serve the public peace; prevent the commission of crime and arrest offenders; to protect the rights of persons and property; to provide proper police force at fires ; to protect the firemen and property there- at; to protect strangers and travelers at railway stations; to suppress riots and insurrections, disperse unlawful or dangerous assemblages, and assemblages which obstruct the free passage of public streets, sidewalks, parks and places ; to preserve order at elections and all pub- lic meetings and assemblages; to prevent and regulate the movement of teams and vehicles in the streets; and prevent the violation of all laws and ordinances in force applicable to the Police Department. It shall also be the duty of the Chief of Police to require the police force of the city to make daily reports of the condition of the different bridges in their respective beats in the city, and in case any of said Part III.— Ordinances. 379 bridges or walls are reported by the police in a dangerous condition, it shall then be the duty of the Chief of Police to notify the Mayor, whose duty it shall be then to notify the Street Committee, and if the extent is such as to require the expenditure of city funds other than ■^"'^' -■ ^^"■ ordinary repairs, it then shall be the duty of the Mayor or committee to call a special meeting of the General Council to consider the same. Sec. 1602. He will be held responsible for the good order of the Responsibility city and the general good conduct of the- officers and men of the police ^fai duties.^^^ force. He will, as often as possible, pay frequent visits at uncertain hours to various portions of the city that he may be able to know of his own knowledge that the officers and men are performing their diities. Sec. 1603. He shall keep the following books in his office: 1. A book of records showing the names of every officer and man connected cwef. ^^ ^ with the Police Department, the division in which stationed, their place of residence, the date of appointment and time of removal, and their age, height and weight. 2. A book in which shall be recorded the daily reports of the captains. 3. A book in which the Chief of Detectives shall record daily all the transactions of his department. 4. Books in which all communications going out from this department, either by letter or telegram, shall be copied. 5. A book which ahall show a detailed inventory of all property belonging to the Police De- partment. 6. A book in which all the members of the Police Depart- ment shall receipt for any equipments necessary for them in the dis- charge of their duties. 7. A book in which shall be recorded a gen- eral monthly report of all the work done by the department, showing the condition of the police force, the condition of the stationhouse. stables, horses and wagons; noting the time each policeman has been absent during the month and the cause of such absence; number of arrests, and causes of arrest; and the names of such policemen as de- serve special commendation. 8. A book in which shall be kept a record of the distributions of all appropriations made to the Police Department. Sec. 1604. He shall submit an itemized bill of every expense in- curred in running the department to the Auditing Committee two '^''™'^'^'^ ^'"^• days before the regular monthly meeting of the board. He will also submit the monthly pay-roll to the chairman and secretary of the board, who will sign the same before being presented to the ]\Ia3^or and Council. He shall be required to make a monthly report to the Reports. Board of Commissioners of all expenses incurred by the Police De- partment, with the proper vouchers, before submitting same to the General Council for payment. Sec. 1605. The Chief of Police shall have the power to suspend any member of the force ten days for a violation of any rule for the subordinates! government of the Police Department, and for a longer time, with the approval of the chairman. If the violation is of such a nature as de- 380 Part III. — Ordinances. Assistant Chief. Stolen prop- erty. mands an investigation by the Board, he will at once furnish the sec- retary with the name of the officer suspended, a copy of the charges, and the names of the witnesses to be subpoenaed, that the charges may be fully investigated by the Board of Police Commissioners ; all such to be reported to the board at the first called or regular meeting there- after for their approval. Sec. 1606. In case of his sickness or absence from the city, the As- sistant Chief will- perform the duties of Chief, and will be obeyed and respected accordingly. In the absence of both the Chief and Assist- ant Chief, the Board of Police Commissioners may designate any one of the captains to fill the vacancies. Sec. 1607. It shall be the duty of the Chief to see that all commu- nications coming through any branch of the department relative to any work that may be performed by the force, be read to each watch at roll-call, if, in his judgment, it is for the good of the service. Sec. 1608. Hereafter any property which may be taken possession of by the police force from persons who have stolen the same, or other wise, shall be disposed of in the following manner : All such prop- erty shall be taken to the stationhouse and safely kept for sixty days, and if after that time the same shall be unclaimed by persons making satisfactory proof of title, the Chief of Police shall advertise the same for sale for ten days by posting in three of the most public places in the city a written notice which shall fully specify the articles to be sold, and the time when, and place where each sale will take place. Sec. 1609. At such time and place the property shall be sold to the highest bidder for cash; such sales shall take place between ten a. m. and four p. m., in front of the stationhouse; provided, that any perishable property may be sold after such notice, or such disposition 2nade of the same as the Mayor may direct. The Chief of Police shall keep a complete record of when such property came into the possession of the police force, where found, or from whom taken, a description of the property, when the same is claimed, and by whom, or when adver- tised, and when and for what amount sold. All money arising from such sales shall be paid to the City Tax Collector, and by him to the Treasurer. Sec. 1610. All pawnbrokers, secondhand dealers and auction houses shall furnish to the Chief of Police, or Chief of Detectives, a full and complete list each day of every article taken in pawn or bought by said dealers, giving a full description of same, maker, marks, number, brand, monogram or letters of any kind on such arti- cle so pawned or bought by said dealer, and they shall also keep ac- counts, showing from whom all such articles are received. And they shall have their goods arranged in stock so as to enable the same to be inspected by the Police Department. When it becomes necessary to visit such dealers, the Chief of Police, or the Chief of Detectives, will Disposition Oct. 1, IS?- Pawnbiok&i- etc. Apr. 22, 1892. 189S. Part III. — Ordinances. 381 give a written order to the proper officer to perform said duty, and any such dealer refusing or failing to furnish such list, or refusing to ad- mit said officer in their place of business, shall pay a fine of not more than two Imndrod dollars, or be imprisoned thirty days, or both, in the discretion of the court, and a conviction of any such ])awnl)roker or other dealer of a violation of this ordinance shall woi'k an immediate revocation of the license of such offender. Sec. 1611. The Assistant Chief of Police is Chief of the Detective "ct^ves.^ °'" Bureau, and will, in the absence of the Chief of Police, act as Chief of office of chief the Police Department, and will be obeyed and respected accordingly. aboUshed Jan. Sec. 1612. The Chief of Detectives will have the immediate con- miif of betl^-" trol of all members of the force detailed for detective duty, and will foTMarch 22, give such direction to all business sent to his department as he may deem best to accomplish the best results. ivt-s. Sec. 1613. Any member of the force who has been detailed to per- form the duties of a detective in the Detective Department will be re- detectives, quired to serve ninety days before receiving full detective pay. If, at the expiration of the ninety days, he has proven himself worthy and qualified to perform the duties of a detective, he will then receive the regular pay of a detective — while on that duty. Sec. 1614. The Chief of Detectives will keep a book of records of cuief iveeps •^ record. all complaints and applications calling for the services or attention of the Detective Department, in his office, and see that all such com- plaints and applications are recorded therein; and also the name of the detective appointed to investigate such complaint. Sec. 1615. A record of all arrests by the Detective Department ^^^^^.^ ^^ ^^ shall be kept in the detective office, in which shall be entered the name ''^^*^- of the person arrested, with the full description of such person, the time and cause of arrest, and disposition made of each prisoner ar- rested. Sec. 1616. The Chief of Detectives will make a daily morning re-pj^jj^ report. port of all work performed by the Detective Department to the Chief of Police. Sec. 1617. The Chief of Detectives will keep in his oifice a book in order of de- which each member of his department shall enter a daily report of the ^^''^'^^®- work performed by him; said reports shall be copied, and same for- warded to the Chief of Police by the Chief of Detectives, together with his daily morning report. Sec. 1618. When necessary, the Chief of Detectives will sign the Assistant name of the Chief of Police to all communications going out from his chiefs^^name, department, per himself as Assistant Chief of Police. During the '' absence of the Chief of Police from the city, he will sign his name as same L issist- Acting Chief of Police to all communications going out from the de- mav or may not be the partments. chief of Sec. 1619. All communications going out from the Detective De- 382 Part III. — Ordixaxces. Communica- tions subject to Chief's ap- proval — ex- ceptions. Files kept. Likenesses kept privately Communica- partment must be copied into a book kept in the office of Chief of tions copied. PoHce foF that purpose. Sec. 1620. The Chief of Detectives will submit all communica- tions going out from his department to the Chief of Police when present for his signature and approval. If the case should be of such nature as demands prompt action, and the delay in getting the Chief's approval would hinder the prosecution of the work, then he will act on his best judgment in giving direction to the business or matters presented. Sec. 1621. The Chief of Detectives will keep on file all communi- cations coming into his department, and will submit same to the Chief of Police for his information as to the work being done or required of the Detective Department. Sec. 1622. The likenesses of persons, collected for the use of the Detective Department, shall be privately kept in a gallery for the offi- cial use of the police force as an aid to the prevention and detection of crime, and shall not be exhibited to any person, unless such person is accompanied by an officer of the department. The Chief of Detectives will have photos taken of all notorious criminals when deemed neces- sary. Sec. 1623. The Chief of Detectives will make a daily report of all money and property recovered by his department to the Chief of Po- lice, giving a full description of each and every article. He will also report all money or property that has been identified and delivered to the owners of same, requiring such owners to give him a receipt for money or property delivered, in a receipt book kept for that purpose. Sec. 1634. The Chief of Detectives shall register each lot of prop- erty and money recovered by any member of his department in a book kept for that purpose, and number the same on the book and on a ticket, to be attached to such property or money, and shall also record the names of the persons from whom such property or money was taken, the names of claimants thereto, the time of seizure and the final disposition thereof. Sec. 1625. The Chief of Detectives will see that all men detailed for detective work make a daily report of all work done by them. He must keep a close watch over his men, that he may know that they are performing the duties assigned them ; and report all time lost by them, and see to it that all lost time is deducted from the pa3^-roll. Sec. 1626. The Chief of Detectives, nor any member of the De- tective Department, will be permitted to receive any reward, presents, or testimonials from any citizen of the City of Atlanta for any duties performed by them, without permission of the Board of Police Com- missioners. When a reward has been collected for the arrest of any criminal or other person, or recovery of any stolen property, the same Chief Detect- ive report money and property re- covered. Register same. Daily reports of detectives. Presents not received. Part III. — Ordinances. 383 shall be deposited with the Chief of Police until a disposition of same has been ordered by the Board of Police Commissioners. Sec. 1637. No member of the Detective Department will be per- mitted to leave the city to perform detective work unless ordered by J^ave'^dty ""** the Chief of Police, the Chairman, or the Board of Police Commis- ^■''''°"' '"■'^"'• sioners. All persons, other than citizens of Atlanta, requiring the services of detectives, must make application to the Chief of Police, and permission may be granted or refused by the Chairman or Board of Police Commissioners. Sec. 1628. The detectives, under instructions from the Board of Police Commissioners or Chief of Police, shall abate all gaming abate gamin- houses, rooms and premises, and places kept or used for lewd or ob- houses. scene purposes, in conformity with the ordinances of tlie city and crim- inal laws of the State. Sec. 1629. All licenses and permits of anv kind heretofore issued . ^ • . . Detective to any person, firm or corporation to carry on the business of detective agency busi- •J r :: X- J ^gg^ abolished. or detective agency in said city shall be and the same are hereby re- voked after the expiration of the time for which license fees have been paid; and that from and after the expiration of such time in the case of each license or permit heretofore granted, no person, firm, com- pany or corporation shall in said city carry on or be engaged in the business of a private detective or detective agency, unless such person, firm or corporation has been first recommended for license or permit hereafter^"^'^'' for such detective business or agency by the Board of Police Commis- sioners of said city; but in all cases in which such recommendation is made and certified by the Board of Police Commissioners to the Clerk of Council, a license or permit shall be thereupon issued for such busi- ness. When so licensed, the licensee shall take the oath of a city de- tective, and be subject to police supervision. Any person, firm, com- fj^e^^suVe^vi^"' pany or corporation who shall be hereafter engaged in the business of '°"' a detective or detective agency in said city, outside of the police force of said city, and without a license issued as hereinabove provided for, shall be punished by a fine of not exceeding five hundred dollars, or im- penalty, prisonment not exceeding thirty days, either or both, in the discretion of the court. Sec. 1630. It shall not be lawful for any person not being a police- man in the city, to assume to act as such, or act as such, or represent poiicemMi. ° himself as such ; and every one violating this clause of this ordinance, upon conviction thereof, shall be fined not exceeding one hundred dol- lars, or imprisoned not exceeding thirty days, in the discretion of tho court. Sec. 1631. The captains will be held strictly responsible for the preservation of the public peace in their respective districts ; and to in- responsibility. sure good order, they are vested with the power to post the men under their command in such parts of their districts, and to assign them 384 Part III. — Ordinances. such duties as they ma_y deem expedient, under the supervision of the Chief and in accordance with the rules and reguhitions of the Board of Police Commissioners. Sec. 1632. The captains will at all times require the members of See to neat- ^^^ forcc undcr their command to be attired according to the rules and men.°* P''*''°^' regulations of the Department, and to be decent and cleanly in their attire, habits and persons. Sec. 1633. The captains shall, subject to the orders of their supe- riors in command, and the orders, rules and regulations of the de- Their autiior- p^rtment, liavc control of the sergeants, stationhouse keepers, patrol- men, call men, wagon men, mounted men and turnkeys of their respective watches, and will be held accountable for their good conduct and efficiency in the performance of the duties assigned to each mem- ber of the force in his command ; and is required to report all delin- quents to the Chief of Police. Sec. 1634. It shall be the duty of the captains of each watch to Note absentees, uotc the abseucc of anv member of the force from roll-call, ascertain the cause of such absence, and promptly report the same to the Chief of Police. JSTo time will be allowed any member of the force while ab- sent from duty unless ordered by the Board of Police Commissioners. Sec. 1635. The captain in charge of each relief will not allow his As to reliefs, men to Icavc their beat or station until relieved by the other watch coming on duty. Sec. 1636. It shall be the duty of the captains to inquire into ev- As to com- ery complaint made by citizens of dereliction of duty on the part of plaints against J i- •' ... . men. any member of the force, report the same in writing to tlie Chief, with the name of the person reported, and nature of the charges against him. Sec. 1637. It shall be the duty of each captain to keep a time- book with the name of every man serving under him entered thereon, Keep time -^ '^ ' ^°°^' and at roll-call check each man present and keep a correct record of all time made by each man serving under him, and know that the roll kept by the stationhouse keeper is correct. He shall require his men to report at the stationhouse fifteen minutes before roll-call when re- porting for duty. Sec. 1638. It shall be the duty of each captain to keep perfectly Must know familiar with the rules and regulations of the department, and all ordi- i-uies. nances passed by the Mayor and Council pertaining to police work, that he may keep his men thoroughly posted as to all changes that may affect them in the discharge of their duty. Sec. 1639. It shall be the duty of the captains to pay frequent Visit beats of visits to different parts of the city in which their men are located that men frequently ^-^^^ ^^^^ know themsclves that the sergeants and patrolmen are prop- erly discharging the duties assigned them. I Part III. — Oudinances. 385 Sec. 1640. Each captain shall note every violation of the rules and ^^^^ ^^^ ^,,_ regulations governing the department that may come to his knowledge. c^rruiJi."'''^'"" and report the same to the Chief of Police for investigation by him. Sec. 1641. It shall be the duty of the captains to inspect or cause j^^p^^.^ p^^^. to be inspected, from time to time, all pa\vnbroker shops, second-hand ^^""p^' **•"■ dealer shops and other places where stolen goods are liable to be dis- posed of, and to promptly report any violation of the ordinances gov- erning such places to the Chief of Police. Sec. 1642. It shall be the duty of each captain while on duty dur- Report every ing his absence from the stationhouse (visiting the sergeants and pa- from pati-oi trolmen, or in the performance of any other duties pertaining to his office) to report at least once every thirty minutes from patrol boxes to the operator, that he may ascertain if his services are needed at the stationhouse, or whether there are any special orders or instructions to be communicated to him. Sec. 1643. It shall be the dutv of each captain on whose watch the " , , . , , , See to groom- mounted force are serving, to see that every horse is thoroughly ing of horses. groomed by the man riding him, before lie shall be relieved from duty. Sec. 1644. It shall be the dutv of the captain to have all special or ^ ^ Have orders, general orders issued by the Chief read to the force at roll-call, and see read, that same are rigidly enforced. Sec. 1645. The captains will require the men under their com- '■ ^ Require writ- niand to report all violations of ordinances governing corporations to ten reports of the Chief of Police in writing, and will see that all such ordinances are t'ons. rigidly enforced. Sec. 1646. The captains, under the direction of the Chief, will de- ^^^^jj reserve tail a reserve force from their watches to be kept on duty at the sta- ^°^^'^- tionhouse both day and night for service in cases of emergency. Sec. 1647. The captains shall designate relieving points within the^ggj^j^^g ^^_ boundaries of each post ; and direct the route to be taken by patrolmen ^"^""^ points, going to and coming from the relieving points. Such relieving points to be distributed as far as practicable on alternate streets, avenues and roads, and placed so as to be as nearly as possible at equal distances from each other, and the same shall be located, where the situation will admit of it, at the points on the post most remote from the sta- tionhouse. Sec. 1648. In case of the absence of the captain, by reason of ill- ness, or absence from duty, or by permission of the Board of Police sergeants act Commissioners, the duties required of him shall be performed by one cap^talnsf^ °^ of the sergeants selected for that purpose by the Chief of Police, sub- ject to the approval of the Board of Police Commissioners. Sec. 1649. The sergeant so selected shall be designated as "ser- geant in command," and shall, during such absence of the captain, "command, possess and exercise all the powers of a captain, and shall enforce the (25) 386 Part III. — Ordinances. Captains must require re- ports of suspicious liouscs. Serg-eants re- main out with watches. orders, rules and rcg'ulations established for the government of the force. Sec. 1650. The captains will require the men under their com- mand to report all houses that are kept by parties of a suspicious character, and investigate fully the nature of any such suspicions and report the same in writing to the Chief of Police. Sec. 1651. The captains will require the members of the force lender them doing patrol duty to march to and from their posts of duty in military order. Sec. 1652. The sergeants will accompany their sections of the force to and from their respective stations. They will remain out with the men under their command, and will patrol continually the district in which their men are located, and enforce a strict perform- ance of the duties required of the patrolmen. Sec. 1653. The sergeants will be held responsible for the general good order and discipline of their respective platoons or sections. They will be careful to see that every man thereof goes on duty clean and neat in his person and his dress, in accordance with the rules and regulations of the service. Sec. 1651. The sergeants must report to the captain or the officer in cominand at the stationhouse, all delinquencies or violations of orders on the part of the force or any member thereof under their command; the commanding officer to enter such report in the blotter. Sec. 1655. The sergeants, while on duty, will be required to re- port from the signal boxes at least once every thirty minutes. Sec. 1656. The sergeants at roll-call, when going on' duty, will inspect each and every patrolman belonging to their sections, and be particular in noting that their dress is clean and that tlicir emblems and devices are clean, in good order and in their proper places. They will require each man to exhibit his fire alarm key, signal box key, nippers, whistle and baton, and also their pistols, when required by the captain in charge. Sec. 1657. The stationhouse keepers will be under the supervision of the Chief of Police, and subject to all orders of the captains of the watch on which they are serving. Sec. 1658. They will be required to keep in their office a book in which the name of every person connected with the department shall be entered. They will call the roll of each watch going on and off duty, and keep a correct record of the time made by each member of the force ; and report in writing to the Chief of Police all absentees. Sec. 1659. They must make a correct record of all ])ersonal proj)- crty or effects taken from prisoners brought to the stationhouse and detained therein. This record shall be kept in a l)()()k prepared for Report from sigrnal boxes lialf hourly. Inspect meii'i dress, etc. Station House Keepers— sub- ject to Chief and Captains. Names to hv kept and time record. Record of property taken from prisoners. I Part III. — Ordinances. 387 that purpose, and each lot of effects must be numbered and tagged corresponding with the nuiiilxT and naine entered on tlie docket.' Sec. 16G0. It will be the duty of the stationhouse keepers to see that the call men respond promptly to every call coming in for police ^^„ ''respon^d'' service. During the absence of the call men, they will answer calls p"'"'"''"-^'" coming in by telephone, making a note tliereof, and have same an- swered as promptly as possible. They will be held equally responsible with the call men for any neglect or failure in responding to calls. Sec. 16G1. They will have charge of the turnkeys on their respec- Have charge of five watches, and will see that the prisoners are properly handled and *^"'"'^*'-^*- fed by them. Sec. 1662. They will not allow any person or persons to occupy Kcpp out por- their office without permission of the officer in charge, except persons bu^tn^ss who on business. No person except the city officers will be allowed to ex- bJToks^''"^"'"^ amine their books, except by written permission from the Chief of Police. Sec. 1663. It shall be their duty to report to the officer in charge any officer or member of the department who shall introduce, or cause one bringing to be introduced, into the stationhouse any liquor or intoxicating drink. ISTo member of the force will be allowed to use any vulgar or profane language in the stationhouse. The officer failing to report any violation of this rule, wall be dealt with by the Board of Commis- sioners. Sec. 1664. They will keep a correct record of any and all prop- erty recovered bv members of the force and turned over to them, and '"^'^"'■'^ °f '' " ' money, etc., Avill make a daily report of same to the Chief of Police, and they will ^h™r" rai'todv be held responsible for the safe keeping and delivery of all moneys and property taken from persons or delivered to them by any and all persons. Sec. 1665. There shall be kept by the stationhouse keepers tw.) books to be used as dockets — one in which all city cases shall be entered, fta'te and*""*** and one in which all State cases shall be entered. The book in which "^'^ dockets, the State cases are docketed shall be kept under lock and key, and the stationhouse keepers will not allow any one to have access to this book without special instruction from the Chief of Police or Board of Com- missioners. Sec. 1666. They shall keep a book known as the Stock or "Pound" record, in which all stock impounded, wich a full description of same, or?mp^ounded shall be entered, giving date, and name of officer bringing in such stock ; also show by said record what disposition was made of the stock, and the amount received for taking care of same. Sec. 1667. The stationhouse keepers will not allow anv persons, " Who mav con- except a member or the Board of Police Commission, the Chief, or^erse with ... ' prisoners and some other person authorized, to visit or converse with a prisoner in how. 1 See 1668 to 1670. 388 Part III. — Ordinances. the stationhouse, except in the presence and hearing of the officer in charge or his assistants. Sec. 1668. It shall be the duty of the stationhouse keeper, prior oners'^ by sta-' ^° incarceration of such prisoner, to remove from the person of sucti Keepefs""^^ prisoner any weapon found thereon, and in case such prisoner is intox- icated at the time of his arrest, to also remove from his person any money, watch, jewelry or other valuables likely to be stolen from the person of such prisoner while in a state of intoxication, and to safely keep all such weapons and valuables until such prisoner is released from imprisonment and to return them to such prisoner upon his release — all this to be done under the supervision of the Chief of Po- lice.^ ' Sec. 1669. It shall be the duty of the stationhouse keeper to im- Take receipts mediately record, opposite the name of the person arrested, on the prisoners. policc dockct of arrcsts, a list of all articles taken from the person of any prisoner prior to his incarceration, and also to take from such prisoner, when his property is surrendered to him, a receipt therefor in a book to be kept in the office of the stationhouse for that purpose. Sec. 1670. In case of the delivery of any person arrested from Police Station to the custody of the Sheriff, or other arresting officer Delivering of effects in State 01 this or any other countv or State, it shall be the duty of the station- cases. J ^ ^ J house keeper, as aforesaid, to deliver any weapon belonging to such prisoner to such arresting officer, but to deliver any valuables or money belonging to such prisoner to the prisoner himself, and to take receipts from the prisoner and arresting officer for the articles delivered to them respectively. Except in cases of intoxication of the prisoner as Not search per- af orcsaid, it sliall not be allowable for the stationhouse keeper to remove son when sober ' ^ Sept 7 1893 their valuables from their persons, unless under authority of a search warrant, duly sworn to by a person claiming such valuables, but it shall be allowable for such stationhouse keeper to receive for safe keeping any such money and valuables at the request of such prisoner, and in such case the same shall be listed, docketed and receipted for a.^ hereinbefore provided for. Sec. 1671. The officers and members of the police force shall de- Patroimen give "^0^6 their wholc time and attention to the business of the department, whole time. ^^^ ^^^ cxprcssly prohibited from following any other calling, or being employed in any other business while connected with the police depart- ment. Although the members of the force are, by the rules and regu- Aiways on du- lations of the service, relieved at certain hours from the actual per- ^' formance of duty on ordinary occasions, yet they are held to be at all times on duty, and must be prepared, while relieved as aforesaid, to act immediately on notice that their services are required. Sec. 1672. Each member of the force, in his conduct and deport- ment, must be quiet, civil and orderly. In the performance of duty 1 See 1659. 2 Stationhouse Keepers are new Station Sergeants. May 5. 1897. I Part III. — Ordinances. 389 he must maintain decorum, attention, command of temper, patience, jj^,^^ j^^ ^^^^r- and be discreet. At all times refrain from harsh, violent, coarse/^ ""'^ ^'^"• profane or insolent language; and when required act with firmness and sufficient energy to perform his duty. Sec. 1673. Whenever a question is put to them by any person, they Answer qu^s- are not to answer it in a short or abrupt manner, but with the greatest *""" p°'''^'>'- possible attention ; and at the same time they are to avoid, as much as possible, entering into unnecessary conversation with any one. They n -. .,!• -I i-i-11 Not use weap shall, in a respectful manner, give their name and number to ail per- ons unnecessa- sons who may inquire, and shall not use their baton or pistol except in self-defense, or in case of forcible or violent resistance to them in the discharge of their duty. Sec. 1674. Any member of the police force who has been known -' ^ 1 -1 iS Disniisse'i for to be under the influence of intoxicating drink, either while on or oft intoxication, active duty, wall be dismissed from the force. All members of the force are strictly forbidden from drinking any intoxicating drink while on duty, or when off active duty, while wearing part of their uniform. Sec. 1675. No liquor or intoxicating drink shall, upon any pre- ^^^ ^^.^^ j. text, be introduced into the stationhouse, except for medicinal pur- ^^^'J^'y^^ J^^- poses, and then only wdien ordered by the Chief of Police, captain on ^^^ ^^^^^ ^ duty or physician in charge. No member of the force, while in uni- or^Vniinr*^ form, either on or off duty, will Ije allowed to enter any place where j'n^disci^rgT^of any kind of intoxicating drink is furnished, or house of ill-fame, or '^"'-'■• gaming house, except in the discharge of duty. Sec. 1676. Every member of the force, at all times when entering j^^^j^pg, ^^_ upon duty, must be neat in person ; his badge, wreath, clothes, boots 'i""*''^- and shoes clean, and his dress in conformity with the rules and regula- tions. No member will be allowed to go on duty unless he has in his possession and on his person all the necessary equipments to be used by him in the discharge of duty. Sec. 1677. Each member of the force while on duty will be re- weapons, etc., quired to carry on his person a pistol, baton, fire alarm key, call-box ° ^ ''^'""^ ' key, set nippers, whistle and matches, and failure so to do will subject him to suspension or dismissal from the force. Sec. 1678. Patrolmen will continually walk their respective beats •^ ^ Walk beat - while on duty. They must not walk together or talk with each other avoid talking when they meet on the confines of their beats, unless to communicate er or people, information pertaining to their police duties; and in such cases thev must make the communication as brief as possible. A patrolman must not walk or talk while on patrol duty with citizens, except on police business; then he will stand and hear what the business is; if it re- quires his immediate attention, attend to it ; if not, he will direct the person or persons seeking the information to the stationhouse. Sec. 1679. No member of the force will be allowed to absent him- self from his beat unless to convey a prisoner to the signal box or the ""^^ "^ 390 Part III. — Ordinances. Know streets, alleys, build- ings, etc. Must report as to streetlights not in order. Know people. stationhouse^ and in such cases, if possible, he will notify some ether officer to give some attention to his beat during his absence. Sec. 1680. Patrolmen must thoroughly acquaint themselves with all streets, alleys, courts and buildings within the limits of their beat, and shall, during their tour of patrol duty, carefully examine in the night-time all doors, and low windows of dwelling houses, stores and other buildings requiring or needing examination, to see that they are properly secured; also rears and rear gates of the several houses or other buildings on their beat. They shall notice the condition of all public lamps and electric lights, whether defective, dirty, extinguished, or with glass broken, and make a written report of same in a book kept for that purpose. Sec. 1681. The prevention of crime being the most important object in view, the patrolman's exertions must be constantly used to accomplish that end. He must examine and make himself perfectly acquainted l)y sight with every person living on his beat; vigilantly watch every description of persons passing over his beat; and, (without intrusion on the privacy of individuals), note all removals from or into the limits of his beat, and acquire such knowledge of individuals and places as may be of use to him in the discharge of duty, and to the utmost of his power prevent the commission of assaults, breaches of the peace, and all other crimes about to be committed. Sec. 1682. Patrolmen shall report to their commanding officer all persons known or suspected of being gamblers, receivers of stolen property, thieves, burglars, women of bad character, or offenders of any kind who may live on or frequently visit their respective beats. They shall use their best efforts to locate gaming houses or rooms on their beats, and give all information relative to such places to their commanding officer, who will rejDort sam^ to the Chief of Police. Sec. 1683. When any person charges another with the commission of a crime, and insists that the person charged shall be taken into custody, the officer shall require the accuser, if unknown to him, to accompany him as a witness along with the accused to the signal box or stationhouse. After disposing of the prisoner he shall then, with as little delay as possible, return to his beat and inspect the same with great care, to see that no depredations have been committed during his absence. Sec. 1684. Patrolmen must, during the night, take particular notice of all hacks, cabs or other vehicles, which, under any circum- stances, or in any manner whatsoever, excite suspicion, noting their number and report same to their commanding officer. Sec. 1685. Patrolmen must pay particular attention to all public houses and drinking places on their beat ; reporting those that remain open in violation of the law, or are noisy or disorderly. Sec. 1686. Patrolmen detailed for special duty, unless otherwise Report sus- pects and sus- pected places. Arrest on complaint:: Notice hacks, etc. Public houses and drinking places. Part III.— Okdixaxces. 391 ordered, will report themselves to the captain in command of their ^)^,^.^^^^^ ^^^ respective watches, each and every day, so that the captain may return their names to the Stationhonse Keeper that their names may be checked on the roll. Sec. 1687. Ko patrolman will be allowed to absent himself i'rom ^^^ „ff j„ty duty without first gaining permission from his commanding officer "'^'O"* i<^=»^<'- through the Chief of Police and Chairman of the Board of Police Com- missioners. Any member of the force being absent without leave for five consecutive roll-calls will cease to be a member of the force, except in case of sickness, when the certificate of a repiitable physician will be required. Sec. 1688. Xo member of the force will be permitted to solicit or ^^^ recom- sign petitions for appointments on the force; or otherwise to engage "^'™p^,i°p'^'^'ggr- in efforts, or to use any influence to aid persons in obtaining such ap- ^"^''■ pointment. Sec. 1689. Xo member of the force will be permitted to solicit or be obliged to make contributions or otherwise, on any pretext, to any iiticaT'cMW- person, committee or association, for any political purpose whatever. Xeither shall they collect money, or receive anything else from citizens or oth'ers for the purpose of making presents to, or bestowing testimo- Nor moneys nials upon other members of the force, or any other person; nor shall .-uL ^^ ^ they circulate subscription papers, sell tickets, or collect money from citizens for charitable or other purposes, without leave of the Board of Police Commissioners. They shall not, directly or indirectly, ac- cept from any person, either liable to arrest or complaint, or in cus- tody, or after he has been discharged, or from any of his friends, any gratuity, reward or gift whatsoever ; nor from any person, money or presents, other compensation for services rendered; nor shall any member re- ceive any compensation for service rendered, or reimbursements for expenses incurred by him in connection with his official services, with- out the approval of the Board of Police Commissioners; nor until he shall have furnished a report in writing of the nature and extent of the services so rendered, and a detailed account of the expenses so in- curred. Sec. 1690. Any member of the force who has rendered any service that calls for a reward, will deposit said reward when collected with Rewards coi- ' ^ lected to be the Chief of Police, furnishing him with all the facts connected with disposed of by ' '^ Board. the case in writing. The Chief will furnish the Commissioners with a copy of the said officers report, and amount of reward collected, and they Avill order disposition of same. Sec. 1691. The members of the force will be required to do reserve p^ reserve du- duty at the stationhouse. They will be detailed bv their commanding *^'' officer, and in such numbers as the emergency may demand. Sec. 1693. Patrolmen shall see that the sidewalks on their respect- Keep side- ive beats are not obstructed by persons loitering thereon to the incon- "'^ * °^^"' 392 Part III. — Ordinaxces. Prosecute beggars as grants. Banana peels, etc., removed. Quell disturb- ances. venience of other pa.s.>engers. When three or more per.sons olj.'^truct the sidewalk it is their duty to courteoush' request them to move on, and if such persons unreasonably persist in remaining, they shall prefer charges or take or send them to the stationhouse. They shall ascer- tain the purpose of any person seen going from door to door, or accost- ing people on the streets, and if such person is found to be begging, or if such person in a public place asks or receives alms, he shall arrest such person as vagrant, and shall arrest all persons found peddling without license. Sec. 1693. It is their duty to remove or have removed from the sidewalks all banana and orange peels, or other vegetable matter that is liable to cause injury to pedestrians. Sec. 1694. It is their duty when a disturbance occurs to instantly proceed to the spot and use their best efforts to preserve the peace and to restore order. If any person has committed on offense, or by loud outcries, or otherwise persisted in disturbing the peace, the person offending shall be taken in custody and conve3'ed or sent to the sta- tionhouse. They may question any person whom they shall have reason to suspect of any unlawful design, and may demand of him his business and where he is going. This authority must be exercised with great caution. Sec. 1695. Patrolmen will be vigilant to discern on their respect- ive beats all cases of malignant, infectious or epidemic diseases, and report the same promptly to their commanding officer. Sec. 1696. Patrolmen shall at all times be courteous and polite to citizens and strangers, both white and colored, doing everything in their power to receive the commendation of every one with whom they come in contact. Sec. 1697. Members of the department must, on all occasions, be civil and respectful to their officers and to each, other. Sec. 1698. Xo member of the force shall communicate any in- formation respecting any special orders he may have received, except with the permission and direction of his superiors in office. A viola- tion of this rule will subject the offender to dismissal from the force. Sec. 1699. If any member of the force observes in the street, side- walk or alley anything of a dangerous character, or likely to occasion public inconvenience, or anything which seems to him irregular or offensive, he shall report the same immediately on his return to the stationhouse, with full particulars of the case and his action thereon. If he cannot remove or correct the evil, he must report the same from the nearest call-box. It is their duty to watch important crossings, and assist and protect pedestrians at such crossing points. Sec. 1700. Patrolmen shall cause all children who have strayed, or infants who have been abandoned, to be sent to the residence of their Report conta- gious diseases. Politeness re- quired. Dismissed for betraying spe- cial orders. Report defects in streets or sidewalks. Look after lost children. Part III. — Ordikances. 393 parents, if known, and witJiin the boundaries of their beats; and if not, send them to the statiojihouse. Sec. 1701. When a patrolman discovers a fire lie sliall first ascer- tain if it can be extinguished without alarm; and if not, he will at ^'•""' "^ '""''"• once proceed to the nearest signal box and give the alarm. When he gives an alarm he shall remain a while near the box to direct firemen when they arrive. He shall note the time when he gives an alarm or hoars one, and any circumstances connected therewith which may seem to be of importance. Sec. 1702. In all cases of accident or illness in the streets, the po- lice are to render all assistance in their power by sending for medical hu'n ^rnfon aid or by assisting sufferers to their homes or to the hospitals. In case ^f'"'"''**- iin ambulance or patrol wagon is required, they will send in a call from the nearest signal box. They shall make full WTitten reports of all cases of accident and injuries to persons or property which may come Report such to their notice, and such reports shall be entered on the record at sta- nessk"' tionhouse. When it is alleged that an injury to persons or property has been caused by defects or obstructions in the pviblic streets, they Avill take immediate measures to obtain all information which would be of value in determining the cause of the injury, to ascertain whether any liability rests upon the city or the abutters. They will collect the names and addresses of all persons who saw the accident, or know particulars concerning it. In cases of injury to policemen, every rea- jured are to re- sonable effort shall be made to secure services of Citv Phvsicians, as vices of city . ■ ' Physicians. provided m Section 732. Sec. 1703. Patrolmen w411 prefer charges against or arrest all par- Arrest reckless ties who drive any vehicle at a reckless speed through the streets of the drivers, citv, and take or send them to the stationhouse. Thev will strictly i? 1 • T • • n • T 1 ' Til Require lights enforce the city ordinance requiring all city hacks to carry lighted and numbers lamps during the night-time, and display their respective numbers on said lamps. Sec. 1704. Patrolmen Avill note all dangerous places or obstruc- p^^^^ ^^^ tions in the streets, sidewalks or alleys, and see that same is marked ''"''^^ '•^^, '^^^- ' J ' gerous places. by a red light kept burning on every such place or obstruction during the night-time, and report same in a book kept by the Stationhouse Kee]ier. If urgent, report the same to the stationhouse from the near- patrolmen est signal box. They shall report all electric lights not giving light S'sTio^^ ""^ on their respective beats, as provided in Section 1272 (a). burning. Sec. 1705. The members of the Police Department are required to speak the truth at all times and under all circumstances, whether under oath or otherwise. Any who wilfully depart from the truth are con- sidered unfit for the service, and will be immediately dismissed. In cases where they are not allowed by the rules of the service to divulge the facts within their knowledge, they will say nothing. Sec. 170G. Patrolmen are strictly prohibited from criticising the 394 Part III. — Ordixaxces. Not criticise official flcts of their suioeriors in office. If any officer is known to superiors. them of having conducted himself in an unbecoming manner, or vio- lated the rules of the department, they must prefer charges against said officer according to the rules and regulations governing the same. Sec. 1707. Members of the force who obtain credit by virtue of Pay debts their being employed by the city as policemen, and contract debts for uniforms, clothing, house rent and other necessaries for themselves and families, and who fail to pay for same according to promise, are to be considered guilty of unofficer-like conduct, and may be dismissed from the force. Sec. 1708. Xo member of the force shall wilfully maltreat or use Not maltreat i^nmecessary violence to any person while under arrest or being arrested, prisoners. ^^j policeman who shall be convicted of using his office v,dth malice to oppress or persecute, or annoy any person or persons, shall be sus- pended or dismissed from the force. Sec. 1709. Xo officer or member of the police force will be allowed Not be active ^0 advocatc tlie claims of any person for any office, whether city. State, m politics. county or Xational Government. Sec. 1710. Property coming into the possession of the members of Delivery of the department, supposed to be stolen or lost, shall be given to the stolen property ^g-^^^. -^^ ^.j^^^,^^ ^^ ^j^^ stationhousc, wh.^ shall scud it to the Chief with his daily report. Not smoke, Sec. 1711. Patrolmen will not be allowed, during their tour of patrol duty, to smoke, carry umbrellas or walking canes. Sec. 1712. Patrolmen, during their tour of patrol duty, will report an hour or of- froui tlic signal boxcs to operator at the stationhouse once every hour, and oftener, if so ordered by the Chief of Police. Sec. 1713. Patrolmen shall remain on their respective beats until stay on beats, the relief going on duty arrives on their beats to relieve them. They will then proceed to the place of rendezvous, and march to the station- house in a body. This rule will be rigidly enforced. SEC.'171-t Every member of the force will be required to read and study ordi- study the City Code, that they may become perfectly familiar with all nances. city Ordinances, thereby fitting themselves to act intelligently on all occasions where their services are needed. Sec. 1715. Any member of the Police Department changing his Report change P^^cc of residence while in the service of the city, must report such of residence, change to the clerk in the Chief's office, who will register his place of residence, street and number. Sec. 171(i It is the duty of every member of the force to make Know rules, himsclf thoroughly familiar with the rules and regulations governing the department. A plea of ignorance in the violation of any rule will not be accepted as an excuse. Sec. 1717. All cattle found running at large shall be taken up by any member of the police force and confined in a place to be provided Part III. — Ordinances. 395 for that purpose, and an inipoimding fee of one dollar shall be charged, and fifty cents for each day said cattle is impounded; provided, nothing herein contained shall be construed to repeal existing laws •^""'^ ^^' ^^'■'^■ relative to how such impounded stock shall be sold, and what disposi- tion shall be made of the proceeds. Sec. 1718. The police authorities of the City of Atlanta are hereby s;,.ni„g ^.(^3,.. specially cliarged and instructed to most rigidly enforce and bring to ''"''^■ trial all parties who violate the State enactment in regard to selling or furnishing cigarettes or cigarette materials to minors. Any dealer or agent keeping on hand for the purpose of selling, giving or furnish- ing cigarettes or cigarette materials that have been adulterated with opium. Indian hemp or any compound thereof, sliall, upon conviction before the Recorder's Court, for each offense, pay a fine of not less than ten ($10.00) dollars, nor more than one hundred ($100.00) dol- lars, or serve not more than thirty days upon the public works of said city, either or both, at the discretion of the court ; provided, that nothing herein contained shall apply to wholesale dealers in furnishing the wholesale or retail trade outside of Fulton county. Sec. 1719. It shall be the duty of the policemen to report to the j^eaks in water Superintendent of the Waterworks any unnecessary leaks in the water ^'p®®' pipes, hydrants or private sprinklers that they may notice in their "'^^"^ ^^' "^^'^^" rounds, and they shall have authority to enter any premises where any useless waste of water may appear, and notify the owner or tenant of the same, and if such waste is not stopped, a case shall be made before the Recorder's Court against the person allowing such waste, and, on conviction, the offender shall be fined not exceeding ten dol- lars and costs, or imprisonment not exceeding thirty days. Sec. 1720. Junk dealers are hereby required to keep records and junk dealers. make reports concerning the purchase by them of machinery or parts or appliances thereof, or any appliance of a railroad shop or gas com- pany, or of the waterworks, or of any compress company, or telegraph and battery materials, or of sample, waste or loose cotton, or grates or any part thereof, or gas or water meters or fixtures, or similar articles, under the penalty prescribed by the next preceding section of this Code. Sec. 1721. Officers and patrolmen doing mounted duty will be re- quired to perform patrol duty on foot when so ordered. They are to must do "foot dress in the uniform of the mounted police force, and each patrolman quired, must take the entire care of, and will be held responsible for, the good condition and safe-keeping of the equipments assigned to his use. They must take special care of the horses, and will be required to keep i-i 11 IT.,-. ,,,, Care for their them well groomed, and will not be allowed when going off duty to '>°'ses. stable their horses until they have been properly rubbed down "and cooled off. Sec. 1722. Members of the force detailed to perform call duty 396 Part III. — Ordinances. Call men re- spond prompt- ly- Wagon men's duty and re- sponsibilitj'. Duty of Turn- keys. As to cells, etc. As to closets. will be held responsible for prompt and respectful response to all calls sent in by telephone or otherwise, requiring the services of a police- man, and make full report of such calls to the captain in command of their watch. Sec. 1723. Members of the force detailed to drive patrol wagons will be held responsible for the condition of their wagons, harness and horses. They will keep their harness well oiled and cleaned, horses well groomed and their wagons in a neat and clean condition. They will report promptly to the Chief of Police anything that may render their horses, harness or wagons unfit for service. They will be prompt in answering all calls sent in for wagon service, and will perform such other duties, from time to time, as the officer in charge of their watch may order them to do. Sec. 1724. Any member of the force performing the duties of a turnkey will be required to see that all prisoners coming to the station- house are treated kindly and in a humane manner, and that they are properly fed and supplied with water. They will see that the prison cells and corridors are kept in a neat and clean condition, and that all bedding furnished prisoners is kept clean. They will cause the bedding used by prisoners to be exposed as often as possible to the sun, that it may be freed from bad odors and other things of an offensive nature. They will see that the closets in the cells are properly flushed, and disinfectants used to the best advantage. They will report all cases of sickness among the prisoners to the captain in charge of the watch, and will perform such other duties as may be required of them bv their superiors in office. Sec. 1725. The custodian of the stationhouse will have control of the janitors and hostlers, and will be held responsible for the cleanly condition of every part of the stationhouse. He must examine daily all water closets, registers and water pipes, and see that they are kept in perfect order. He will see that all the bedding used in the stationhouse, either by reserve force or prisoners, is kept in a neat and clean condition, and that the stationhouse is supplied with towels. He will have the care of the g-uns and ammunition used by the depart- ment, and will see that the guns are kept clean and in perfect order. He will superintend in person the feeding of all stock kept in the de- partment's stables, and know that they have been properly fed and cared for. He will be subject to the orders of the Chief of Police and captain of the watch, and will perform any other duties required of him. He will be held responsible for waste of gas and electric lights. Sec. 1726. The Signal System of the Police Department will be in charge of a superintendent and two operators, under the supervision of the Chief of Police and captain of the watch. Sec. 1727. The superintendent will be required to keep up all wires operated by the system, together with all signal- boxes, tele})hones. bat- Custodian's duty. As to station House. Subject to Chief and Captains. Superintend- ent and sys- tem. Part 111. — Ordixances. 397 teries and telegrapli appurtenances, and will be held responsible for p^^^^. ^j ^^^^^ any and all defects in the good working order of the system. He will int<^ndenr. relieve operators going to their meals, and will perform such other du- ties as the Chief may order. Sec. 1728. The stationhouse will be provided with two operators, operators. One or the other will be on duty at all times, and will be required to give his whole time and attention while on duty to the operator's desk. The hours of duty they will perform will be designated by the Chief of Police. Sec. 1729. Operators will be provided with operator's blank report p^,^^. ^j opera- sheets, on which they will register the names of the members of each '°''^" watch going on duty. They will keep a correct record of all reports over telephone, and signal calls sent in by the members of the force, recording the exact time such report was received. They will be very careful in receiving reports from patrolmen through telephone; and, as far as possible, become familiar with each man's voice, and will not allow any one patrolman to report for another member of the force. They will report to the Chief in their daily report every member of the force who fails to report from the signal boxes, as provided for in rule- governing same. Sec. 1730. Operators will he held responsible for any delay in an- swering calls for wagon or ambulance service. When such calls com;- Report caiis. in they are to immediately transmit same to the stables, and will report to the Chief of Police and captains of the watch any negligence or delay on the part of the wagon men in answering calls. Sec. 1731. Members of the force detailed to do reserve duty will i-espond promptly to all alarms of fire which come in from fire alarm boxes located in the districts calling for the reserve force, and no other, sency caiis, except upon orders from their superior officer. They will also respond etc. " ^™^' promptly to all emergency calls. Sec. 1732. There shall be, when necessary, two engineers employed at the stationhouse. They shall be designated as first and second en- Engineers, gineer. The hours of duty they will perform will be ordered by the Chief of Police. Sec. 1733. The first engineer will have charge of the furnaces and boilers, and will be held responsible for their good condition and per- '^''"'' '^''^'^^■ feet working order. He will be required to keep up all heating regis- ters, water pipes, gas pipes, water closets and connections thereto, and perform such other duties as the Chief of Police may order. Sec. 1734. The second engineer, when on duty, will be held equally responsible with the first engineer for any defect or deficiency in the working order of any of the machinery connected with the station- house. Sec. 1735. Special policemen appointed upon any emergency or Special poiice- apprehension of riot, tumult, mob, in.surrection or invasion, or durino- duty7""*'^^^~ 398 Part III. — Okdixances. Private watchmen. Subject to of- ficers of the department. Requisites of. any day of public election, shall have all the powers and privileges and perform all the duties that may be by the rules, orders and regulations, from time to time prescribed. They shall wear a badge prescribed and furnished by the Board of Police Commissioners. Sec. 1736. Private M^atchmen appointed upon the application or at the expense of railroads or other corporations, or of individuals, shall have the powers and exercise the duties of patrolmen, only at the place designated in their license, and during their hours of duty, or when called upon by regiilar oificers of the force. They shall be subject to the orders of the Chief of Police, captains and sergeants, and shall obey the rules of the Board of Police Commissioners. They shall be removed at any time by the Board of Police Commissioners without assigning any cause therefor, after due notice being given to the per- son or persons who applied for the appointment aforesaid. They will be required to wear a special police badge. Sec. 1737. Xo person will be appointed a private watchmen who i.-5 under twenty-one or over sixty years of age, or who is not a citizen ol the City of Atlanta ; or who is not able to read and write the English language understandingly ; or who is not of good moral character ; or who has ever been convicted of crime. Sec. 1738. Any member of the police force may be punished by the Board of Police Commissioners, in its discretion, either by repri- mand, forfeiture of pay for not exceeding thirty days for any one offense, by being reduced in rank, or by dismissal from the force, upon conviction of any one of the following offenses, to-wit : Intoxication ; any act of insubordination or disrespect towards a superior ofiicer; any act of oppression or tj^ranny; neglect of duty; violation of the rules ; neglect or disobedience to orders ; any legal offense ; absent with- out leave; immoral conduct; conduct unbecoming an officer; conduct injurious to the public peace and welfare ; incapacity, mental, physical or educational ; any breach of discipline ; neglecting or refusing to pay a debt for uniform, clothing, or for rent or the necessaries of life; contracting a debt under false or fraudulent pretenses ; continued and persistent neglect to pay just debts; communicating information re- lating to police work without permission ; sitting down while on patrol duty ; conversing during the tour of patrol duty with any other member of the force or a citizen, except when in the proper discharge of duty ; not properly patrolling his beat during his tour of patrol duty: failing to detect a crime committed on his route during his tour of patrol duty; unnecessary absence from his beat during his tour of jjatrol duty; any other act contrary to good order and discipline, or consti- tuting neglect of duty, or a violation of the rules of the department. The Board of Police Commissioners are hereby clothed with authority to dismiss from said force any officer or member thereof who shall be, . in the judgment of said commission, generally inefficient in the dis- Board may dismiss an officer for causes. Part III. — Ordinances. 399 charge of his duties; and every police officer or patrolman hereafter elected or appointed on the police force of the City of Atlanta shall take office subject to removal by the Board of Police Commissioners as herein provided for, and it shall apply to officers and members here- after reappointed to positions on said force, as well as those hereafter to be appointed in the first instance. Sec. 1739. Charges preferred against any member of the force charges pre- mast be made in writing and verified by the oath of the complainant, ilig.^ ■except charges made by an officer of rank, which may l)e in writing without oatb. Any member of llie force wliose character has been compromised, may have an inquiry as to the truth of any cluirges made against him. Sec. 174U. Commanding officers shall prefer charges against any '^ '■ o o . of{i(^^et-s prefer of their subordinates who shall fail to discover a homicide, burglary, or charges, serious breach of the peace committed on their beats during their tour of patrol dut}', or who shall fail or neglect to take proper measures to arrest any person or persons guilty of such an offense. Sec. 1741. Complaints made at the stationhouse by citizens against ^^^^^ ^^ ^^^ police officers, shall be taken down, in writing, by the officer in charge, b'^pftf^gng*'^* and transmitted to the Chief, who shall cause such charges and speci- fications to be framed and the complainant notified to appear and make affidavit to the same. In case the complainant does not appear within forty-eight hours after notice, the complaint shall be dismissed. Sec. 1742. Whenever charges shall be preferred against any police p^^^.^^^^ ^^^ officer, who has been before convicted of anv offense bv the Board of yictions noted in charges. Police Commissioners, the fact of such prior conviction and the date thereof shall be entered thereon. Sec 1743. Trials of police officers will be held at such times as may be ordered by the Board of Police Commissioners. Xotice of the J^lfl '"^°"' time and place of the trial, together with a copy of the charges and specifications, shall be served on the accused party at least two days be- fore the time of trial, including the day of service. Such notice shall be served by delivering it to the accused in person, or by leaving it at his last and usual place of abode. The examination and cross-exami- nation of all the witnesses shall not occupy more than one hour. Wit- nesses shall be sworn and examined separately and apart from each other, at the discretion of the Board of Police Commissioners. Sec. 174-1. All judgments of the Board of Police Commissioners shall be in writing and duly entered upon the record. Judgments ac- re'alf^rroii- quitting, fining, reprimanding or discharging any member of the '^'*"^' force, together with the substance of the charges and specifications on -v^hich they are based, shall be read at the stationhouse at the three roll-calls next succeeding the receipt thereof. Sec. 1745. The oath of Commissioners is: I swear that I will faithfully and impartially demean myself as a Commissioner of Police ficers. 400 Part III. — Ordinances. ^ .1. f ffi diirino; mv continiiancG in office. 1 have not, in order to influence mv Oaths of offi- & ^ ' cers. election to this office of Commissioner, diriectly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City of Atlanta, nor for any other office. I will not, know- ingly, permit my vote, in the election or appointment of any person to position on the police force, to be influenced by fear, favor or affection, reward, or the hope thereof; but in all things pertaining to my said office, I will be governed by my conviction of the public good. Sec. 174(5. The oath of Chief of Police is : I, , do Oath of Chief, solemnly swear that during my continuance in the office of Chief of Police, I will, to the best of my skill and ability, faithfully discharge all the duties of said office, and in all cases conform to and enforce the criminal laws of the State of Georgia, the ordinances of the City of Atlanta, that may come to my knowledge applicable to the Police De- partment, and all the rules governing the police force. I do further swear that I will not use said office to oppress or shield any one, and that I will safely keep and account to the Board of Police Commission- ers for all moneys and property that comes into my possession; nor will I be influenced in the discharge of said duty by fear, favor or affection, reward, or the hope thereof, and in all my acts and doings I will be governed by the ordinances of the city, the criminal laws of the State, and the public good. So help me, God I certify that tlie above named officer has taken the foregoing oatli. Chairman B. P. C. Atlanta, Ga., 1 . . Sec. 1747. The oath of Assistant Chief is : I, Oath of Assist- Assistant Chief of Police and Chief of Police Detectives, do solemnly swear that during my continuance in office, I will, to the best of my skill and ability, faithfully discharge the duties of said office, and all other duties required of me by the rules governing the Police Depart- ment, and in all cases conform to the criminal laws of the State of Georgia and the ordinances of the City of Atlanta, and report all vio- lations of same that may come to my knowledge. I do further swear that I will use my best efforts to detect, arrest and prosecute all crimi- nals, to recover all stolen property, and have the same restored to its rightful owners, taking a receipt therefor in a book kept for that pur- pose; that I will deliver to the Chief of Police, when called upon, all unclaimed money or property that may come into my possession or the possession of the Detective Department, taking a receipt for same. 1 do further swear that I will not, in any way, lend myself to the perse- cution of the innocent, nor shield, or help to shield, the guilty from punishment ; nor unlawfully extort, or help to extort, any money or other property from any person whatsoever ; nor will I be influenced in the discharge of my duty by fear, favor or affection, reward, or the hope thereof; and in all my acts and doings I will be governed by the laws applicable to the Police Department, and my conviction of the Part III. — Ordinances. public good. So help me, God I certify that the above named officer has taken the foregoing oath , Chairman B. P. C. Atlanta, Ga., 1 . . Sec. 1748. The Oath of Captain i,< : I , Captain of Police, do solemnly swear that during my continuance intatn. ° ^^ said office, I will, to the best of my skill and ability, faithfully dis- charge all the duties required of me, and execute the orders of my superior officer, and in all cases conform to and enforce the criminal laws of the State of Georgia, the ordinances of the City of Atlanta, and the rules governing the Police Department, and report all viola- tions of same that may come to my knowledge. I will not persecute the innocent, nor help to shield the guilty from punishment; nor will I be influenced in the discharge of my duty by fear, favor or affection, rew^ard, or the hope thereof ; and in all my acts and doings I will be governed by the laws applicable to the Police Department and my con- viction of the public good. So heln me, God I certify that the above named officer has taken the foregoing oath. , Chairman B. P. C. Atlanta, Ga., 1 . . Sec. 1749. The oath of stationhouse keeper is : I, , do solemnly promise and swear that during my term ot office as station- oath of station house keeper of the Police Department of the City of Atlanta, I will b°"se keeper, perform the duties required of me by the rules and regulations of the department to the best of my ability. I further promise and swear that I will keep a correct record of all money, valuables or other prop- erty coming into my possession, and will hold myself personally respon- sible for any loss the city or individuals may be subjected to on account of any negligence of mine in the discharge of my duties as stationhouse keeper. So help me, God I certify that the above named officer has taken the foregoing oath , Chairman B. P. C. Atlanta, Ga., 1 . . . Sec. 1750. The oath of patrolmen is : I, , a police officer for the City of Atlanta, do solemnly swear that during oath of patroi- my continuance in said office, I will, to the best of my skill and ability, faithfully discharge all the duties required of me, and execute the orders of my superior officers, and in all cases conform to and enforce the criminal laws of the State of Georgia, the ordinances of the City of Atlanta, and obey the rules governing the Police Department, and report all violations of same that may come to my knowledge. I will not persecute the innocent, nor help to shield the guilty from punish- ment; nor will I be influenced in the discharge of my duty by fear, favor or affection, reward, or the hope thereof ; and in all my acts and doings I will be governed by the rules and ordinances applicable to the Police Department. So help me, God. ^ I certify that the above named officer has taken the foregoino- oath. Chairman B. P. C. Atlanta, Ga., " l (26) men. 402 Part III. — Ordinances. Sec. 1751 Iso person shall be eligible to a position on the police force unless he shall have resided continuously in the city limits for twelve months next preceding his application, and an affidavit to this efEect shall be filed with his application, accompanied by the Tax Col- iicants for po- lector's receipt or certificate that all taxes required of him have been paid for the year preceding the election. Applicants for appointment to positions on the police force shall present to the Police Commission- ers a petition in the following form, which shall be signed by at least five citizens of good character and habits, and verified by the affidavit of one of them, to be designated by a majority of the Board of Com- missioners : PETITION. twelve months by ap May 2, Petition for The undersigned request the appointment of on the police force of Atlanta, individually and each for himself stat- ippointment [y^cr and representing to the Commissioners that he has known said on the force. o i r intimately and well for the past two years, and is qualified to speak intelligently in relation to his character and habits, and stating and representing that the said is a man of good moral character, correct and orderly in his deportment and not in any respect a violator of the law or good order, and that he is a man of sober, temperate and industrious habits ; that he is not ad- dicted to the habitual use of intoxicating drink or other hurtful ex- cesses. The undersigned, each for himself, further represents that he has never known or heard of his having been guilty or convicted of any criminal or disorderly conduct or act. And they further represent, as aforesaid, that he is a man of truth and integrity, of sound mind, good understanding, and of temper and manner fit to be a policeman, and that he has resided continuously in the city limits for twelve months next preceding the making of this application. The undersigned fur- ther represent that they are ready and willing at any time to appear at the Commissioners" office and make affidavit to the truth of the above petition. Present the certificate of a responsible physician of the City of At- lanta that he is sound mentally and physically. Applicant will answer the following questions and sign his name in full, in his own hand- writing, stating his age, height, weight, residence and occupation: Are you married or single ? Have you ever failed in busi- ness ? Are your financial obligations such as would hin- der you in the discharge of your duty as a policeman? Res- idence Street, No Age vears. i Part III. — Ordinances. 403 Height feet inches. Weight Occupation Xanie in full Georgia — Fulton County : Before me came , one of the above petitioners, who, being duly sworn, says that the contents of the above petition are true to the best of his knowledge and belief. Sworn to and subscribed before me, at Atlanta, Ga., this the day of 1 Attach hereto Tax Collector's receipt or certificate that all taxes required for the year preceding the election have been paid. Sec. 1753. It shall be the duty of the City Physicians, in the wards ^. ... " ^ . ^ Qjjy ph.vsician3 of the residences of such applicants, to examine all applicants for posi- must examine ^ ^ ^ ^ ^ applicants for tions on the police force of the City of Atlanta, and, upon the request the police of the chairman of the Board of Police Commissioners of said city, to " April 8, 1396. file in the office of the Board of Police Commissioners, under the official signature of said City Physician, a certificate of the physical condition of said applicant. Sec. 1753. The police force of the City of Atlanta, for the term beginning April 1, 1897, shall consist of one Chief of Police, three ^^^f^X^ilT of captains of police, one captain of detectives, six sergeants of police, two force'!"^''^^ stationhouse keepers, seven detectives, one officer in charge of police jj^^ 22, 1897. barracks and stables, six wagon men, two officers at Grant Park, three mounted men at stationhouse, two turnkeys, one Eecorder's Court bailiff, two Oakland Cemetery guards, and as many patrolmen as the annual appropriation will pay; the rate of compensation in each case to be as follows: Chief of Police, $2,200.00 per annum; captains of police, each, $1,200.00 per annum; captain of detectives, $1,200.00 per annum; sergeants of police, each, $2.50 per day; stationhouse keeper, $2.50 per day; detectives, each, $2.50 per day; officer in charge of police barracks and stables, $2.00 per day; wagon- men, each, $2.00 per day; officers at Grant Park, each, $50.00 per month; mounted men at stationhouse, each, $2.00 per day; turn- keys, each, $2.00 per day; Eecorder's Court bailiff, $50.00 per month: Oakland Cemetery guards, each, $50.00 per month; policemen, or patrolmen, each $2.00 per day; provided, that the Mayor and General Council reserve the right and power to change the organization and strength of said force when, in their discretion, it seems proper to do so. Sec. 1754. It shall be within the authority of, and shall be the duty of, the Chief of Police and other police officers and patrolmen, formiiitffy^ upon application to the Chief of Police for such purpose, to clear the ^"^'^^- roadway, or as much of the roadway, of any street or streets in the City of Atlanta, in advance of a parade of the military forces of the United States, or of the State of Georgia, or any portion of such forces of the General or State Government, as the officer or officers of such forces shall desire to use for the purpose of such parade, preference 404 Part III. — Ordinances. Penalty. being given, however, to United States mail, police patrol wagon and Chief locates j-j-^g Yire Department. The Chief of Police shall indicate the location street traders. i of street traders on the streets, as provided in Section 1508, Sec. 1755. It shall likewise be within the authority of, and shall be ., , . . the duty of, said Chief of Police and other police officers and patrol- Also for CIVIC '' ' , ^ '■ parades. men, iipon like application, to clear the roadway of any street or streets necessary, in the judgment of the Chief of Police, to be used for any civic parade or procession. Sec. 1756. In clearing the roadway, or designated portion of the roadway, of any street or streets, in advance of any such military parade or civic procession, it shall be within the authority, and shall be the duty of said Chief of Police or other police officer or patrolmen, to cause the removal therefrom of all ordinary traffic and travel, in- cluding animals, vehicles and pedestrians. Sec. 1757. Any person, firm or corporation refusing to remove himself, or animals, or vehicle in his possession or under his control from the roadway or designated portion of the roadway of any street intended to be used for any such military or civic parade or procession, upon notice so to do by the Chief of Police or any police officer or policeman, or coming upon a roadway or designated portion of a road- way of any such street, so as to prevent the free use thereof by such military or civic parade or procession, over the objection of such Chief of Police or other police officer or policeman, or over the objection of the officer or person in charge of such parade or procession, shall be guilty of a violation of this ordinance, and, on conviction thereof in the Eecorder's Court of the City of Atlanta, shall be subject to a fine not exceeding one hundred ($100.00) dollars, or imprisonment not to exceed thirty days, either or both of these punishments, in the discre- tion of the court. Sec. 1758. It shall likewise be the duty of the Chief of Police or other police officers or policeman to arrest any person, firm or corpo- vioTaTion"^of ^atiou whose obstruction of any military parade shall amount to a violation of the penal laws of the State, and to prosecute such offenders in the State courts in the manner prescribed by law. Sec. 1758(a). It shall be unlawful for any person or persons to condifcYirot ^S^^ ^^ quarrel, or use profane or vulgar language, or otherwise act neart^he°c"r°s'^ ^^ ^ disorderly manner, on or near the cars of the Collins Park and pLrk^and Beu ^^^^ Railroad Company at any point between its terminus on Walton Railroad at street, near Peachtree street, in the City of Atlanta, and its other termi- any point on ' 7^7 State laws to parades. the line of said j^^g ^^ ^]-,g Chattahoochec river, the whole line of railroad of said com- railroad, either ' fhe'terahia^is P^^y having been incorporated as part of the City of Atlanta, for police of said line. purposcs, by an act approved December 3d, 1896. Disorderi ^^^- 1*^58 (&). It shall likewise be unlawful for any person or aiiow^e'd afthe persous to fight or quarrel or use profane or vulgar language, or act urminus'^^ in a disorderly manner, at the pleasure resort at the terminus of said Part III. — Ordinances. 405 road on the Chattahoochee river, said pleasure resort also being incor- and Beu r^Ii-^ porated under the Act mentioned in Section 1758 (a). ch'auaho^o^chee Sec. 1758 (c). The conductors, motormen and other employe? "'■^'■■ Kmplo Park md Belt Rail- road made resting and bringing to trial persons guilty of any violation of Sec- ^°for^"ng s° c- tions 1758(a) and 1758(6). " ^^^i^} Sec. 1758(d). Any person convicted of violation of Sections 1758(fl) and 1758(&) shall be liable to a fine of not exceeding one hundred dollars, or imprisonment not exceeding thirty days, in the P^^^'ty- discretion of the Eecorder's Court of the City of Atlanta, and said '^''^- ^' ^^^^• court shall, also, in its discretion, bind over persons guilty of the violation of State laws to the courts having jurisdiction of such vio- lations. CHAPTER XLYII. BAIL. Section. 1759. Amount of bond. 1760. Failure to give bond. 1761. Bonds forfeited. 1762. Service of rule. Section. 1763. Judgment — how entered — execution and collection. 1764. Surrender of principal. Failure to give Section 1759. The Chief, or any officer or member of police, Mayor, or any member of the General Council, may take bond with bond"°' °^ security, or l)ond without security, at discretion, payable to the City of Atlanta, in the sum of not exceeding two hundred dollars, for the appearance of any party or parties accused or suspected of being guilty of a violation of any ordinance or ordinances of the City of Atlanta, to stand to and abide his, her, or their trials before the Recorder's Court ; and also of witnesses to testify in any case or cases pending, or about to be commenced in said court.' Sec. 1760. If either party or parties, or witness or witnesses, shall fail or refuse to give the bond and security, or bond, as required of them, or either of them, such person so failing or refusing may be ■confined in the stationhouse, or common jail of the county of Fulton, or be kept under a guard, so as to be present to abide the trial or trials, or to testify, as the case may be. Sec. 1761. All bail taken under this ordinance shall be special bail, and the power of the security over the principal shall be the same as in special bail. Upon the failure to appear, of any principal, in ed"" "^ any bond or recognizance given by a person charged with a violation of any ordinance of the City of Atlanta, or by a witness, to appear and testify, the Recorder, Mayor, or Mayor pro tern., or member of 1 Arresting officer may serve summons without requiring bail. 406 Part III. — Ordinances. Service of rule. April Judgment, how entered. Council presiding, shall pass a rule requiring the principal and sure- ties on such bond to show cause on any day therein named, not to be less than ten days from the passage of such rule, why they should not be required to pay the amount of such bond. Sec. 1762. A copy of said rule shall be served upon the principal and security or securities by any officer or member of the police force^ if to be found in the city, at least five days before the time therein set for hearing the same. Sec. 1763. If no sufficient cause is shown, the Eecorder, ]\[ayor, or Mayor pro tern., or other officer presiding, shall proceed to enter judg- ment against such principal and sureties for the amount of said bond, and the Clerk of Council shall issue execution for the amount of such judgment and place the same in the hands of the City Marshal, who shall proceed to collect the same by levy and sale as in case of tax exe- cutions. Sec. 1764. Any surety upon a bail-bond of any person or persons charged with a violation of a city ordinance may surrender his, her or their principal at any time to the officer on duty at the stationhouse, who shall confine such principal until discharged by order of the court or by giving other and good security. The delivery of the prin- cipal as aforesaid shall discharge the surety or sureties of all further liability upon such bond; provided, that such delivery shall be before any judgment of forfeiture upon said bond shall have been entered. Surrender of principal. CHAPTEE XLYIII. COURTS AND TRIALS — CONVICTS. Section. 1765. Terms of court. 1766. Summons of trial. 1767. Form of summons. 1768. Failure to appear. 1769. Subpoenas. 1770. Defaulting witnesses. 1771. Continuances. 1772. Practice. 1773. Construction. 1774. Punishment. 1775. Fines. 1776. Persons implicated. 1777. Contempt of Court. Section. 1778. Collection of fines. 1779. Work on streets. 1780. Recorder. 1781. Marshal and deputy may serve sum- mons. 1782-1784. Defendants must appear. 1785. Recorder reports daily. 1786-1787-17SS. Police Commissioners may subpoena witnesses, etc. 1789-1790. Clerk of Council not to furnish Re- corder's Court Clerk. 1791. Records of convicts. 1792. Regulations. Terms of court. April Section 1765. The Recorder, or in his absence the Mayor, Mayor pro tern., or one member of Council, shall hold a court at 8 :30 o'clock a. m. and 2 :30 o'clock p. m. each day, except Sunday,^ at the Ee- corders court room, for the trial of persons charged with violating any of the laws or ordinances of the City of Atlanta. June 10, 1897. Part III. — Ordinances. 407 Sec. 176(3. Any person who is charged with an offense against g^^^^^g ^j,^ any of the ordinances of the City of Atlanta sliall he informed by the *"^^- summons in writing served on him of the nature of tlic cause of his accusation; shall have compulsory process for obtaining witnesses in his behalf; shall have a speedy trial before the Recorder, or in his absence the Mayor, Mayor pro tern., or one member of the General Council ; shall be confronted with the witnesses against him, and have the privilege of cross-examination, as in the Superior Courts of the State of Georgia. The same rules as to examination of witnesses and the evidence adduced as obtain in said courts, as far as they are appli- Ruies-coun- cable to examining courts, shall be applicable to cases before the Re- sei-witnesses. corder s Court. The party accused shall have the privilege of defend- ing himself, by counsel or by himself, or both, as to him shall seem proper. Xo one shall be condemned, fined or punished Avithout a chance of being heard in his defense. Officers of city, informers, and parties injured, shall be competent witnesses when not on trial. Sec. 1TG7. It shall be the duty of the Clerk of Council in all cases Form of sum- where complaint is made or information given, of any violation of any of the laws and ordinances of said city (whether the party be confined in the guardhouse or not), to issue a summons directed to the accused, requiring said offender to appear before the Recorder's Court, to answer said charge, which summons shall contain the offense, and time and place of trial, bear test in the name of the Mayor, be signed officially by the Clerk and directed to the Chief or other officer or member of the police force, to be executed, who shall execute the same by serving a copy upon the accused, or leaving it at his or her place of residence. Sec. 1768. Any person summoned as aforesaid, who shall fail, neglect or refuse to appear, or to render a satisfactory showing for pear, such failure, neglect or refusal to appear and answer the charge spec- ified, may be fined in a sum not exceeding one hundred dollars, and the cause continued to such time as the court may direct, and the court shall issue an order requiring the Chief, or other member of the police force, to arrest said offender, and bring him or her before the court to answer said contempt, and it shall be the duty of said Chief of Police to keep the offender in custody until he is brought before the court, unless he gives bond for his appearance as provided by law. Sec. 1769. Whenever the attendance of any witness may be required before the court to establish any fact, the Clerk shall issue g^^ ^^^ a subpoena, directed to the witness, stating the time and place of trial and the parties to the case, which shall bear test in the name of the Mayor, and be served as other summons by the Chief of Police, or other officer or policeman. Sec. 1770. If any person so summoned as a witness shall fail, neg- lect or refuse to attend said trial, or render at the time a sufficient J^ftnessls" excuse, in the judgment of the court, said defaulting witness shall be 408 Part III. — Ordinances. Defaulting witnesses — proceeding against. liable to a fine of not exceeding fifty dollars ; and if said cavise shall be continued on account of the witness" absence, the court may issue attachment against said witness, requiring him to show cause, on the day appointed for trial, why he should not be further dealt with for contempt; and the Chief of Police shall, by virtue of said attach- ment, arrest, or cause to be arrested by some other officer or policeman, and confine said person, so as to have him, her or them before the Re- corder, or other presiding officer in the Recorder's Court, at such time as he may appoint, for further hearing of the original complaint. Sec. 1771. Where the ends of justice may require it, all cases may be continued. All continuances shall be addressed to the sound discre- tion of the court,' under the rules governing the Superior Courts of this State. Sec. 1772. The city shall have the opening and conclusion of each case, unless the defendant introduces no evidence; then he shall be entitled to the conclusion. The city shall announce first, if it is ready for the trial ; if not, it shall be held to as strict a showing for continu- ances as the defendant. The rules of evidence shall be the same as in the Superior Court, as far as applicable to the case on trial. All officers shall be legal witnesses when not on trial. Sec. 1773. The Recorders Court shall be controlled by the rules of the Superior Courts, as far as they are applicable to Recorder's Courts and a sound construction of the charter and ordinances of the city. Sec. 1774. All offenders against the ordinances and laws of said city shall be tried by the Recorder's Court, and said court may impose such punishment as is provided by the laws and ordinances of said city for the offences of which said offenders may be found guilty. Sec. 1775. For violation of any ordinance, or section of an ordi- nance, for which no particular penalty has been prescribed, the court may impose, in its discretion, any fine not exceeding one hundred dollars and costs, or imprisonment not exceeding thirty days, in the calaboose or on the public works of the city. Sec. 177G. If on the trial of any case before the Recorder's Court, it appears that any other person besides the one on trial has violated a by-law or ordinance of this city, he or she mav then and there be tried, unless the case is put off for legal cause. Sec. 1777. Any person who, during the sitting of Police Court, or during a session of the Council or General Council, or Board of Aldermen, shall be guilty of a contempt of court, or of Council or refuses to abide by any sentence or order of said court or Council aforesaid, shall be fined in a sum not exceeding fifty dollars and costs, or confinement in the stationhouse, or l)oth, as shall seem oxpodiont or proper under the circumstances. Sec. 1778. The CUerk of Council may issue an execution iiistaiitcr, Fine for vio lilting ordi- nance wliL-n not otlierwis fixed. Persons impli cated. Contempt of i Pakt III. — Ordinances. 409 where any fine is imposed by the court, or Mayor and General <-'"uncil,(-.,,„^.^.ji^„ ^f to be levied upon the goods, chattels, lands and tenements of the person ''"''^• or persons fined, if the sum is not immediately paid, which execution shall bear test in the name of the Mayor, and be signed officially by the Clerk and be directed to the Marshal of the City of Atlanta ; or the court may, by order, compel any person fined, who shall fail or refuse to pay the fine, to work on the streets of said city, under the Commis- sioner of Public Works, or other person having control over said works. Sp]C. 1779. When any person is convicted of any olfense against the laws and ordinances of the city, before the Recorder, Mayor, or ^vo,k on Mayor pro tern., or other presiding officer, it shall be discretionary'^'"'''^- v\-ith the court to punish such ofl'enders by ordering them to work on the streets or public works of the city, under the supervision of the proper officer;* and payment of all fines, not otherwise paid, may be enforced by work as aforesaid. Sec. 1780. Whenever a Recorder shall be elected by the Mayor and Council, he shall be governed and controlled by the foregoing sections of this chapter in the same manner as the Mayor is or would be governed and controlled. Sec. 1781. The Citv Marshal and his Deputy Tax Collectors be,^, ^ , ^ ^ '' Marshal and and the same are hereljv, authorized and empowered to serve summons deputy may • ' ^ serve suni- requiring persons to appear and answer before the Recorder's Court, mons. the same as policemen are authorized, and that such service shall be as legal and binding upon the party served as though he were served by a member of the police force. Sec. 1782. It shall be unlawful for any policeman or other officer p^^^^ ^^^^ ^^ making arrest of a person for the violation of laws, to enter the name tni'rnamiToniy of said person under a false or assumed name on the police docket, but ^^^ 21, isst. in all cases the true name of the accused, and of the offense, shall be honestly docketed. Sec. 1783. It shall be unlawful for any court, under the jurisdic- tion of the city, to try a person under a feigned name, where he has be t'He^d"under reason to believe a fraud is being practiced on the court, and on the ^"^"^'^ "^'"^• public, by the use of a feigned or fictitious name, and the concealment of the true name ; nor shall said court entertain a plea of guilty, ex- And accused cept the accused is personally present at a regular call of the docket "n"^* ^^ ^™^" in open court; and the court shall then inquire into all the circum- stances, and impose such sentence as is proper. If the person arrested or against whom the case is made be a female, then, in such case, the majermay' be court may or may not require her personal attendance in open court, coCT^rom as the ends of justice may demand, as the court in its discretion may anee. Mar. 7, 1887 determine. Sec. 1784. Any person violating the foregoing provisions, on con- viction thereof in the court presided over by the Recorder, Mayor, offiie'lor vio- Mayor pro tern., or one member of the General Council, shall be fined. 410 Part III. — Ordinances. not exceeding one hundred dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the court, and also be subject to dismissal from office. Sec. 1785. The Eecorder shall make daily to the Comptroller a Recorder to detailed report, with number, name, offense, date and amount of fine vo^t to^coJp- imposed, as appears upon his Court Docket, to the Comptroller, who troiier. shall hold the Chief of Police responsible for their collection. The posfts^aliy ^' Chief shall obtain credit upon showing his receipt of deposit with the i^ctor^unde?'" Tax Collcctor wlicn the fines are paid in money, or, if the fine has been syltem.^°" remitted, upon certificate of Mayor and Eecorder to that effect, or, if by labor on public works, or escape or otherwise, by certificate of Commis- sioner of Public Works and stockade keeper to that effect. These reports to be made daily and monthly to the Comptroller, and deposits to be made daily with the Tax Collector. Sec. 1786. The Board of Police Commissioners shall have full licrcornmis- authority to subpoena witnesses to appear before them and testify in the sioners subpoE nesses, subpoena wit- trial of auv police officer, or in the investigation of any matter by said board. Sec. 1787. It shall l)e the duty of the Chief of Police to summons, either in person or by deputy, any person, w^hen directed by the said board, to appear before said board and testify, and he can designate any member of the police force to act as such deputy. Sec. 1788. Any person being summoned, and failing to obey the same, shall be subject to be tried before the Eecorder's Court, and if Aug. 19, 1891. adjudged guilty shall be fined in a sum not exceeding fifty dollars, or be imprisoned not exceeding thirty days. Sec. 1789. The office of Clerk of the Eecorder's Court is hereby ci'f'^reHevfd°™' abolished, and the Clerk of the City Council is relieved from furnish- from liability on account of use of his name in Re- corde Jan. Sec. 1790. The Clerk of Council is relieved from any liability by reason of the process of said court being signed in his name, or the use of his name, in said court in any other manner. Sec. 1791. The officer in charge of the chaingang is required to keep^recordr ^^^p a book witli the name of each convict turned over to him from ^^^' ' the Eecorder's Court, the time for which each convict is sentenced, when received and when discharged ; also, the number of days worked. And that said overseer shall make a monthly report to the Mayor and General Council, showing the facts above required to be kept of record. Sec. 1792. The stationhouse keepers shall keep in a book for that Regulations, purposc a rccord of all persons who fail to pay fines, and have to work out the same. The said stationhouse keepers shall take a receipt from the oflicer or person placed in charge of convicts of the Eecorder's Court, and shall furnish such person with the number of days each from liability jj^g ^q g^id Eccorder's Court any deputy to perform the duties thereof, of i^^s and the Eecorder is required to perform the duties heretofore per- corder's Court, formed by Clerk of the Eecorder. Part III. — Ordinances. 411 convict is required to work. Persons becoming able to pay the fine imposed after having worked one or more days, shall have their fine reduced accordino- to the number of davs' work done. CHAPTER XLIX. NUISANCES. Section. 1793. Board of Health may inquire. 1794. Judgment conclusive. 1795. Penalty for refusal to abate. 1796. Fine collected by execution. 1797. Power of Mayor and General Council reserved. Section. 1798. Defendant— how summoned. 1799. Jurisdiction of Recorder. ISOO. Slaughter-pens prohibited. 1801. Privies, cow lots, etc. 1802. Penalty for failure to abate. Section 1793. The Board of Health of the City of Atlanta are ^^^^^ ^^ hereby empowered, in any case in which complaint may be made before {^^q^^|[r^g /"J^^^r them by any citizen, or in which their own investigations as health |^idence^_^etc.^,^ officers may show it to lie necessary, to summon before them the owner, of nuisance, agent in control of, or tenant in possession of any premises, in the city or on the lands constituting the water-shed of the waterworks, incor- porated for the purpose of allowing the city authorities to preserve the purity of the water in the reservoir and the streams contributing thereto, on which it is claimed a nviisance exists, and to hear evidence and determine the question of the existence of such nuisance. Sec. 1794. The judgment of the Board of Health as to the exist- j^^^^^^^^^ ^^ ence or non-existence of a nuisance in any case thus tried shall be con- ^oard^ con- clusive, and where the existence of a nuisance is thus determined in any such case, the Board of Health may, in their discretion, pass an order requiring the owner, agent in control of or tenant in possession of the premises, whenever such nuisance exists, to abate the same in such number of hours or days as may seem reasonable to said Board of Health, or pass an order requirins: the City Marshal immediately to abate the same at the expense of such owner, agent or tenant. Sec. 1795. In any case wherein the owner, agent or tenant as aforesaid shall have been required to abate a nuisance adjudged by the refusli^to""" Board of Health on a trial as aforesaid to exist on his or her premises, ''''^*^- and shall fail to abate the same within the time allowed by the order of the Board of Health, such owner, agent or tenant, as the case may be, shall, on conviction before the Eecorder's Court, be punished by a fine not exceeding one hundred dollars, or imprisoned at labor not exceed- ing thirty days; and each day such nuisance is continued shall con- stitute a new offense, and on the trial of such a case before the Record- er, the certificate of the Secretary of the Board of Health shall be conclusive evidence of the finding of the Board of the fact of the exist- ence of the nuisance, and of the time allowed in which to abate the 412 Part III. — Ordinances. Mayor and General C'ou oil may try. same and of the fact that the time thus anowod was reasonahle and sufficient. Sec. 1796. When any nuisance is ahated hy tlie Marshal under order of the Mayor and General Council, or of the Board of Health, in cases tried by them as aforesaid, the City Clerk shall issue an exe- cution in favor of said Marshal against the owner, agent in control, or tenant in jiossession of the premises whereon such nuisance was abated, for the expense of such abatement, and such execution shall be levied and collected as in case of tax executions, and shall be a lien on the property whereat such nuisance was abated until fully paid off. Sec. 1797. Nothing herein contained shall be held to deny or abridge the jurisdiction of the Mayor and General Council to try and determine the question of the existence of nuisances of any kind, and to provide by their judgment and order for the abatement thereof in cases tried before them, by the defendant or the Marshal as afore- said, except that no case already tried before the Board of Health shall be re-tried before the Mayor and General Council, nor shall any case already determined by the flavor and General Council be again tried by the Board of Health. Sec. 1798. Whenever a trial before the Mayor and General Coun- cil, or before the Board of Health, becomes necessary in order to deter- w"sumnwned ^ine whether or not a nuisance exists in any particular case, a sum- . mons must be issued by the City Clerk, directed to the owner, agent in control of, or tenant in possession of, the premises where a nuisance is charged to exist, and be served by the Marshal, his deputy, the Chief of Police, or any officer or member of the police force, or one of the sanitary inspectors, upon such owner, agent or tenant. This sum- mons must specify the place and character of the nuisance complained of, and fix the time and place for trial, and state before which board the trial will take place. The defendant must be given reasonable opportunity to secure counsel and testimony l)efore the trial begins but no postponement shall be had on this ground, where full diligence on his part is not shown. Sec. 1799. The Eecorder's Court, as heretofore, shall have full jurisdiction to try and dispose of all questions of nuisance affecting tion of obstruc- the public health, in which no action is had before the Mayor and Gen- leys, etc., un- cral Couucil as a court, or before the Board of Health sitting as a tor amlnd*-"*' court as hereinbefore provided, and shall also have jurisdiction to try inents. July 5, 1S86. and, in case of conviction, to punish persons failing to abate nuisances under order from the Mayor and General Council, or the Board of Health sitting as a court as aforesaid. Sec. 1800. That no person, firm or corporation shall carry on the No slaughter busiuess of a slaughter house or slaughter pen, or stock yard or stock houses or pens i r allowed. pen, on any ground m tlie City of Atlanta, draining into tlie water- works' reservoir, or on any of the lots of land in Blackball district. Part III. — Ordinances. 413 incorporated for the purpose of enabling the Cit}' of Atlanta to pre- serve the purity of said water. Sec. 1801. The following things are also declared nuisances if existing in said city or on any of the land lots aforesaid, to-wit : Filthy or'^/mpr.fperiy privies, and privies not constructed, furnished, and used with appli- cow ^'[otsreic. ances now or hereafter required by ordinance for preventing the flow of urine through the earth into the water; horse lots or cow pens bordering on or taking in any part of the streams emptying into the reservoir of the waterworks, or such lots or pens when not cleanly kept, though off such streams ; piles of manure not protected from rain and from water flowing through them toward the reservoir aforesaid, or any stream emptying therein ; a dead horse, ox, cow, yearling, or other animal or any other thing which will injuriously affect the purity and healthfulness of the water in the reservoir. Sec. 1802. Any person, whether owner, agent in control of, or penalty for tenant in possession of premises on which any of the nuisances above abate! *° declared shall exist, who shall fail to abate the same within six hours ju^g 7^ iggg^ after being notified so to do, shall, on conviction, be fined not exceed- ing one hundred dollars or imprisoned at labor not exceeding thirty days, in the -discretion of the Eecorder's Court. 414 Part III. — Ordinances. CHAPTEK L. PEACE, GOOD ORDER AND MORALS. Section. 1803. Public indecency. 1804. Indecent dress. 1805. Noise at night. 1806. Drunkenness. 1807. Intoxication on streets. 1808. Relief from penalty. 1809. Lewd women — at night. 1810. Men not to talk with. 1811. Penalty. 1812. Alabama flips. 1813. Penalty. 1814. Saloons— opening and closing. 1815. Stores closed on Sunday. 1816-1817-1818. Articles that may be sold on Sunday. 1819. Loitering in stairways. 1820. Penalty. 1821. Piedmont Park. 1822. Females not enter barrooms. 1823. Penalty. 1824. Minors not permitted to enter billiard rooms. 1825. Minors must not enter without consent of parents. 1826. Pool rooms — when closed. 1827. Penalty. 1828. Shooting in city. 1829. Defacing buildings. 1830. Cock fighting. 1831. Injuring street lamps. 1832. Gas and gasoline lamps. 1833. Barber shops — close Sundays. 1834. Fresh meats — not sell on Sundays. 1835. Owners of houses ill fame. 1836. Houses ill fame — how abated. 1837. Occupants punished. 1838. Evidence sufficient. 1839. Tenants ejected. 1840. Disorderly houses. 1841. Public meetings. 1842. Arrest of offenders. Section. 1843. Arrest State offenders. 1844. Posse summoned — how. 1845. Interfering with policemen. 1846. Firing cannon. 1847. Fireworks. 1848. Assembling and loitering on streets. 1849. Loitering in front of churches, etc. 1850. Lodging in outhouses, etc. 1851. Penalty. 1852. Feeding animals on streets. 1853. Passenger depot. 1854. Duty of officers and policemen. 1855. Disturbance of schools. 1856. Disorderly conduct at churches. 1857. Not drive faster than walk by church on Sunday during service. 1858. Impeding funeral procession. 1859. Funeral at residence to be protected by police. 1860. Dut.v of guards at houses of smn'l-pox patients. 1861. Defacing poles. 1862. Mocking birds — not trapped. 1864. Limitation of prosecutions. 1865. Not go into exhibitions without pay- ment. 1866. Penalty. 1866(a)-1866(b). Flying jennies regtilated. 1866(c)-1866(d). Ropers, pimps and suspicious criminals. 1866(e)-1866(f). Ticket scalpers not to so- licit on sidewalk. 1866 (g). Dance hall permits. 1S67-1868-1869-1S70. Baseball, etc., must have permission, and how obtained. 1871. Penalty. 1872. Fortune tellers not allowed. 1873. Spiritualists exempt from tax. 1874. Spitting or throwing litter on side- walks, etc., prohibited. Public inde- cency, etc. — how punished. Penalty. Indecent dress. Section 1803. Any person Avho shall, within the corporate limits of Atlanta, be guilty of an act of public indecency, tending to debauch the morals of any of the citizens, or of quarreling, or of using obscene, vulgar, profane language, or malicious mischief, or otherwise act in a disorderly manner (which offense is not recognized as penal bv the laws of this State), shall, on conviction, pay a fine of not exceeding one hundred dollars and costs, or be imprisoned in the stationhouse not more than thirty days, in the discretion of the Eecorder's Court. Sec. 1804. Any person who shall, in the City of Atlanta, appear in any public place naked, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any indecent or lewd act or behavior, or shall exliibit or sell or offer for sale, Part III. — Ordinances. 415 any obscene, vulgar or licentious book, picture or painting of any char- obscene pubii- acter whatever, or who shall exhibit or perform in any hall, house, or cationa. public place in said city, any indecent, immoral, or lewd play or dance, or who shall sing to a public audience any sacrilegious, indecent, vulgar or lewd song, shall, upon conviction, be fined in a sum of not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, or required to work not exceeding thirty days on the streets of said city, in the discretion of the Eecorder's Court. It shall be the duty of the pgnaity. police and officers of the city to arrest every person violating this ordi- nance in their presence, or on complaint of any citizen of a violation of this ordinance by any person or persons. Sec. 1805. Any person who shall make any noise at night calcu- lated to disturb the public peace, or to annoy any of the citizens, shall °"^ ^ "'^ (if done in the presence of the Chief of Police) be arrested by him and carried before the Mayor's Court for trial, and if not done in the pres- ence of said Chief of Police, then upon complaint made, he or she Penalty, shall be proceeded against as in other cases of a violation of these ordinances, and be fined not exceeding one hundred dollars and costs, or be imprisoned in the stationhouse of said county not more than thirty days, in the discretion of the court. Sec. 1806. Any person who shall be found drunk, hooting, halloo- Drunkenness, ing, or making any other unnecessary or unusual noise, to the disturb- ance of any citizen, may be fined not exceeding one hundred dollars and Penalty, costs, or be imprisoned not exceeding thirty days. Sec. 1807. It shall be unlawful for anv person to be and appear^ , ^ J- J^ J- Drunkenness — on the streets of said city in an intoxicated condition ; and anv person fine of poo •' ' ^ 1 and costs or 30 SO offending shall, on conviction thereof before the Eecorder of said ^^y^ imprison- city, pay a fine of not exceeding one hundred dollars, or be imprisoned not longer than thirty days, either, or both, in the discretion of the court ; provided, that anj person so convicted of such offense may ^^^-ng^"^ g^ai- relieve himself or herself from the penalty thus incurred and imposed j-^fop^af^n^of by forthwith giving information and evidence which will lead to the n?hi^"'o/"-; conviction of the person or persons unlawfully furnishing him or her ^"°r- with the liquors by which he or she became thus intoxicated. Sec. 1808. It shall be the duty of the court convicting the offender ^i^^^j.^ to in- under the provisions of the foregoing section of this ordinance, to in- o°'"This"me'thod form the defendant of the manner therein provided for relieving him- °^ ''^"^^" self or herself from the penalty to said offense. Sec. 1809. It shall be unlawful for any prostitute or woman of notoriously lewd character to walk the streets, alleys or other public nortiiowTd°in thoroughfares of the City of Atlanta, or ride around the same during at'^nlght!^'^^^ the night season. juiy is, issr. Sec. 1810. And it shall be unlawful for any male person to talk Men not talk „ .,. . , , . with them fa- in a lamiliar manner to any such woman or women, or be m company miiiariy. 416 Part III. — Ordinances. Penalty. Alabama sling or flips not to be kept or carried. Penalty. Feb. 7, 1887. Keeping open doors after hours. with any such woman or women, knowing the same to be such, upon the streets, alleys or thoroughfares of said city. Sec. 1811. Any person or persons violating the above ordinance shall, on conviction in Recorder's Court in said city, be punished by a fine not to exceed one hundred dollars, or imprisoned not to exceed thirty days. Sec. 1812. It shall be unlawful for any person in this city to have, carrv or use on the streets in said city, what is commonly known as the "Alabama slings or flips.'' Sec. 1813. Any person so offending, on conviction thereof in the Recorder's Court, shall be punished by a fine not exceeding one hun- dred dollars, or imprisoned not less than thirty days, one or both, in the discretion of the court. Sec. 1814. Any retailer of spirituous or fermented liquors, who shall keep open doors after the hour of ten o'clock at night and before five o'clock in the morning within the City of Atlanta, for the purpose of vending spirituous liquors, or other intoxicating drinks, shall, upon conviction, be fined in a sum not exceeding one hundred dollars and costs, or be imprisoned in the calaboose or common jail of said county not more than thirty days, in the discretion of the Recorder's Court, and forfeit his license as a retailer. Sec. 1815. Any merchant, billiard-table, or ten-pin alley keeper, or other dealer, who shall keep open doors on the Sabbath day, or trade or traffic on that day ; and any person who shall do work, or in anywise labor, or cause work to be done on the Sabbath day (except it be work of necessity), shall be fined in a sum not exceeding one hundred dollars and costs, or be imprisoned in the stationhouse not more than thirty days, in the discretion of the court; provided, that the Mayor and General Council may not punish for violating the State laws as on the Sabbath day. Sec. 1816. It shall be permissible in said city to keep open for selling and delivering milk, bread at restaurants and milk stands, ice, ice cream, at soda fountains and restaurants, soda and mineral waters, newspapers, and also cigars, cigarettes, tobacco, pipes and other tobacco dealers' supplies at retail on the Sabbath day, and lor doing such other work of necessity or charity as is permitted by the general laws of this State; but nothing in this ordinance contained shall be construed to authorize any barroom, beer saloon or other dealer or trader to keep open or conduct a general business on the Sabbath day ; and the priv- ileges of this ordinance shall be confined exclusively to those who deal only in the articles above enumerated or referred to, or by those who are entitled by law to keep open on the Sabliatli day. Sec. 1817. Those who shall sell canes, umbrellas and novelties in connection with cigars, cigarettes, tobacco, pipes and other tobacco dealers' supplies during the week days, shall not be debarred from Keeping open stores, etc. , or the Sabbath. Milk, bread, etc., may be sold on the Sabbath. June 18, 1891 Certain other articles may be sold on Sunday. Part III. — Ordinances. 417 keeping open on the Sabbath day, for the sale of said cigars, tobacco, j^^^^ g_ ^g^g cigarettes, pipes and other tobacco dealers' supplies; provided, that they do not sell such canes, umbrellas and novelties on the Sahhath day. Sec. 1818. It shall not be unlawful to deliver to liotels and restau- Meats, eic, to rants on Sundays, perishable meats, vegetables, fruits, fisl: and oysters rest^iurants on within the limits of the City of Atlanta. May T isoo. Sec. 1819. It shall not be lawful for any person or p(>rsons in said city to loiter or sleep on or at the foot of the stairway of any building sieepinp" in , . , . Ill stairways, etc., in said city, or to loiter or to sleep m or on boxes or hogsheads, or prohibited and 1 punished. other things m street or sidewalks or alleys, or on public grounds, or T P 1 -in 1 J> J""e 4, 1888. on the private premises or grounds of another without the consent or the person in control of any such premises or grounds, or to haljitually loaf around the hotels and public places of the city. Sec. 1820. Any person violating the foregoing shall, on conviction thereof, be fined not exceeding one hundred dollars, or be imprisoned Penalty, not exceeding thirty days, either or both, in the discretion of the Re- corder's Court. Sec. 1821. All laws and ordinances now in force pertaining to the ^^^j^^^^^pg ^^ maintenance of peace and good order within the corporate limits of l^^^^^^ Park!'*"^' said city, be, and the same are hereby, declared of force Avithin the ^^^^. ^^^ ^gg^^ limits of the territory embraced in Piedmont Park. Sec. 1833. It shall be unlawful for any woman or girl to enter any pemaies not to bar-room or room connected with a bar-room in the City of Atlanta, ^^^" barrooms for the purpose of drinking or loitering therein. '^"'^ ''' ^^^' Sec. 1833. And any woman or girl violating this ordinance, and proprietor or employe in a bar-room permitting such violation, shall ^"^ ^' be arrested, and on conviction in the Eecorder's Court shall be pvmished by a fine not less than five dollars nor exceeding one hundred dollars, or by imprisonment not exceeding thirty days, in the discretion of the court. Sec. 1821:. It shall not be lawful for anv i)erson or persons having ' . "" Keepers of charge or control of any pool or billiard room and tables kept for hire, billiard or pool T . . , . „ rooms or ta- to admit into any such room any minor, or to allow any minor Wes not to ai- "^ low minors to to play at anv such billiard or pool talne, without the written enter or piay n . ' 1 without writ- consent of the parent or guardian of such minor ; and any ten consent of . parent or person or persons violating the provisions of this ordinance, shall, guardian. on conviction thereof, be punished by a fine of not exceeding one hun- dred dollars and costs, or imprisonment of not longer than thirtv ^ n , Penalty. days, either or both, in the discretion of the Recorder's Court. Sec. 1825. Any minor who shall, without the written consent of his parent or guardian, enter any room or place where billiard or pool enter'^or^pLy*** tables are kept for hire, or who shall, without such consent, plav at p"oo'i''room °^ any billiard or pool table kept for hire, shall be subject to the same ten''""ns7ntr penalty prescribed in the section next preceding. And it shall be the"**"- (27) 418 Part III. — Ordinances. Pool rooms opening and closing. July 18, 1805. Shooting in city. Defacing buildings. Cock fighting. Injuring street lamps. Penalty. Gas and gaso- line lamps not to be inter- fered with. April 6, Barbers pro- hibited from keeping open shops or pur- suing vocation on Sabbath. duty of the Police Department to enforce strictly all the provisions of this ordinance. Sec. 1820. All pool and l)illiard rooms and places in the City of Atlanta shall close at ten o'clock each and every night, and shall not reopen earlier than five o'clock a. m. Sec. 1827. Any person violating the foregoing section, shall on conviction, be fined not exceeding one hundred dollars and costs, or imprisoned not exceeding thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 1828. Any person shooting with any fire-arms in said city, unless it be in a licensed shooting gallery, or by permission of the Mayor and General Council, on military parades, shall be fined, on conviction, in a sum not exceeding one hundred dollars and costs, or be impris- oned not more than thirty days in the stationhouse or public works, in the discretion of the Eecorder's Court. Sec. 1829. Any person who shall write, paint, draw, carve, or cut any letter or letters, word, words, or device, or in any way mutilate or deface any church, public building, private house, wall, or fence, belonging to another in said city, or shall post any bills on the same without the owner's consent, shall, on conviction, be fined not exceed- ing one hundred dollars and costs, or be imprisoned not more than thirty days, in the discretion of the Eecorder's Court. Sec. 1830. Any person who shall fight chicken cocks in the corpo- rate limits of this city, either with or without gaffs, and any person who shall bet any money, or other things of value at a chicken cock fight, shall be liable, on conviction, to pay a fine of not exceeding fifty dollars and cost of trial, or be imprisoned in the stationhouse or public works not more than thirty days, in the discretion of the Eecorder's Court. Sec. 1831. Any per.son, or persons, who shall break, injure, or deface any of the street lamps, or lamp posts, or gas fixtures, belonging to the city, or the Atlanta Gas Light Company, shall, on conviction, pay a fine of not exceeding one hundred dollars and costs, or be impris- oned not exceeding thirty days in the stationhouse or public works, in the discretion of the Eecorder's Court. Sec. 1832. Any person or persons who shall break, deface, or otli- erwise wantonly and improperly interfere with any of the gas or gas- oline lamps in this city, shall, on conviction before the Eecorder's Court, pay a fine not exceeding fifty dollars, or be imprisoned not ex- ceeding thirty days. Sec. 1833. It shall be unlawful for any barber to keep open on the Sabbath day, or to pursue his vocation in any manner on said day within the said city, and any person so offending shall, on conviction before the Eecorder's Court, of said city, be fined in a sum not exceed- Part III. — Ordinances. 419 ing fifty dollars, or imprisoned not longer than thirty days, either or j^^j^. .^^ ^^. both, in the discretion of the court. Sec. 1834. It shall be unlawful for any butcher, grocer or dealer in fresh meats, vegetables, fish, oysters, fruits or melons to keep open efy^of "reslf'"'' doors in said city on the Sabbath day, or send out that day to his cus- ^c**^on"the tomers any of such goods previously sold. Any violation of this ordi- ^oMblted^ nance shall, on conviction before the Recorder's Court, be punished Aug. 3, isss. with a fine not to exceed fifty dollars for each offense, or imprison- see see. 18I8. nient not longer than thirty days, either or both, in the discretion of the court. Sec. 1835. Any owner, or agent of such o\vner, of any lu)use or houses, who may rent, or cause to be rented, or occupy, or allow to be houses of iii- occupied, any house, or portion of a house, to be used as a house of ill- fame, in the City of Atlanta, shall, upon conviction thereof, pay a fine of not exceeding one hundred dollars, and shall be imprisoned in the calaboose not exceeding thirty days, in the discretion of the Recorder's Court, and any owner, or agent of such owner, of any house or houses in said cit}^, who shall suffer or permit any woman of ill-fame to occupy any such house or houses, within said city, for the purpose of fornica- Penalty, tion or adultery, for the space of two days after notice thereof by the Chief of Police, shall, upon conviction thereof, be subject to all the pains and penalties specified m this section. Sec. 1836. Any person being the owner or occupant of a house ■of ill-fame, who shall continue the same, or allow the same to be con- Abated-how. tinned for two days after the same has been so adjudged by the Re- corder's Court, on conviction thereof, shall be fined in a sum not exceeding one hundred dollars and costs, or be imprisoned not exceed- ing thirty days in the calaboose, or both, in the discretion of the court ; and it shall be lawful for the Chief of Police, by the order of the Re- corder, Mayor, or, in his absence, the Mayor pro tern., or three members of Council, to abate such nuisance by demolishing, tearing down, or closing up such house or houses, for which he shall receive such sum as may be adjudged reasonable by the said Recorder's Court, for his services, to be paid by the owner. Sec. 1837. Any person or persons, who shall occupy, or allow to be occupied, any house, or portion of a house, to be used as a house of houTs'oMu- ill-fame in the City of Atlanta, shall, upon conviction thereof, pay a *^"'''' fine of not exceeding five hundred dollars, or be imprisoned not ex- penalty, ceeding thirty days, or both, in the discretion of the Recorder's Court. Sec. 1838. Circumstances from which it may be reasonably in- ferred that any house is inhabited by disorderly persons of immoral mSe' "^' character and notoriously bad fame, shall be sufficient to establish the fact that such house is a disorderly house, or house of ill-fame. Sec. 1839. When any house or houses shall be adjudged by the Recorder's Court, to be a house or houses of ill-fame, and the occupant ^enantT °^ 420 Part III. — Ordinances. Disorderly houses. Penalty. Public meet- ings. or occupants is not the owners thereof, it shall be the duty of the Chief of Police to eject the tenant or tenants therefrom. Sec. 1840. Any person or persons who shall permit parties of dis- orderly character to assemble in his or their house or houses, within the corporate limits of the City of Atlanta, to the disturbance of the citizens residing in his, her or their neighborhood, shall be guilty of keeping a disorderly house, and shall, on conviction, be fined not ex- ceeding one hundred dollars, or be imprisoned not exceeding thirty days, or both, in the discretion of the Recorder's Court. Sec. 1841. The president, chairman, or other officer, or com- mittee of men, or any persons who desire or intend to call a public meeting of the citizens of Atlanta, for political purposes, shall notify the Mayor, or Chief of Police, of such desire or intent, and of the time and place of meeting, before said meeting is called, and upon failure to do so, upon conviction thereof, shall, be fined not exceeding fifty dollars and costs, or he imprisoned in the calaboose of the city not exceeding thirty days, in the discretion of the Recorder's Court; and upon receiving such notice it shall be the duty of the Mayor or Chief of Police, to attend such meeting with a sufficient police force to pre- serve peace and order ; provided, it shall not be lawful to hold any such meeting in any of the public streets of the City of Atlanta without the consent of the Mayor and General Council, or the Mayor and Chairman of the Board of Police Commissioners of the City of At- lanta ; and any person calling or holding any public meeting, in any of the streets of the City of Atlanta, without such consent, shall, upon conviction thereof in the Recorder's Court of said city, be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, in the discretion of the court. Sec. 1842. The police shall arrest and confine in the guardhouse any offender against the laws and ordinances of this city, where, in their Judgment, such arrest and confinement is necessary to secure said offender's appearance before the court, to answer his or her offense, or preserve the peace of the city ; or, they may take bond and good secur- ity, to be judged by the arresting officer, to appear and abide their trial. Sec. 1843. Any person who shall commit a violation of the penal laws of this State in the presence of the Chief, or officer or member of the police force, shall be arrested by them, or either of them, and carried before some proper officer for examination, and if ordered by the Mayor, or any member of Council, or by the Court, to prosecute any such offender, he shall do so. Sec. 1844. Any person or persons in said city, between the ages of eighteen and fifty years, who, upon being summoned by a member of the police force, or Mayor, or a member of Council, to aid in sup- pressing an affray, breach of the peace, or other outrage, shall refuse so to do, or refuse to arrest or aid in arresting any offender against See sections undpr head of Violation of penal laws, etc. Persons sum- moned to sup- press affiays, etc. Part III. — Ordinances. 421 the laws of this State, or any ordinance, and any person who shall op- pose, resist, or obstruct any police officer in the discharge of any duty, or the police, in the arrest of any offenders against any ordinance or Penalty, law of this State, or other discharge of duty, shall, on conviction, pay a fine of not exceeding one hundred dollars and cost, or be imprisoned not exceeding thirty days, or both, in the discretion of the Recorder's Court. Sec. 1845. It shall be unlawful after the passage of this ordinance, for any ]X'rson or persons to hinder, obstruct, or impede any police P"'"'^'"^*'"- officer, or policeman, in the discharge of any duty ; it shall be unlawful to menace or threaten such officers, or men, while in the discharge of interfering such duty, and no person or persons shall follow up said officer, or men, while in charge of prisoners after he or she has been commanded to desist, or after any crowd shall have been commanded to disperse, and any person or persons who shall or may be guilty of the foregoing acts, shall, upon conviction of the Recorder, or ilayor, or other officer pre- penalty, siding in the Recorder's Court, be fined in a sum not exceeding one hundred dollars, or be confined at hard labor on the streets of said city for a space not exceeding thirty days, in the discretion of the court. Sec. 1846. It shall be unlawful for any person or persons, or com- pany, within the incorporate limits of the city, to fire off a cannon, or '""^^ f«""on- other piece of artiller}^, without special permission of the Mayor and General Council. Any person, or persons, who shall violate this ordi- nance shall each be fined not exceeding one hundred dollars and cost, or Penalty, be imprisoned not more than thirty days, or both, in the discretion of the Recorders Court. Sec. 184T. Anv person wlio shall burn rockets or crackers, or am- . ^ ■ - Fireworks. kind of fireworks, within the incorporate limits of the City of At- lanta, without permission in writing from the Mayor, shall, on convic- tion of such offense, pay a fine of not exceeding five dollars and cost, Penalty, in the discretion of the Recorder's Court. Sec. 1848. Any person assembling and loitering on the streets in As=;embiincr sufficient numbers, or in any such manner as to be an obstruction to on'^str°eets""" free passage on the streets or sidewalks or crossings, and failing to oct. e, isro. disperse upon notification of any officer or member of the police force, or any citizen, shall, on conviction, be fined not exceeding one hundred penalty, dollars, or be imprisoned not longer than thirty days, in the discretion of the Recorder's Court. Sec. 1849. Any and every person who, in said city, after having been directed by any officer or member of the police force to move away of chVches!°°' therefrom, shall remain or loiter in front of any church or other place ed?" p'"'"'''*- of public worship during service therein, or in front of any theatre, con- Aug. 5, is89. cert hall, ball room, etc., or in front of any coffee house, bar-room, or se^ sec. i8.56. beer saloon, or shall loiter or idle his or her time on the sidewalks or 422 Part III. — Ordinances. Lodging in outhouses, etc. Fraudulent begging. Public play- ing and bet- ting. public streets of this city, shall be deemed an idle and disorderly per- son, and, on conviction thereof, shall be punished as hereinafter provided in Section 1851. Sec. 1850. Any or every person in said city, wandering abroad^ lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, and not having any means of subsistence and not giving a good account of himself or herself, and any and every person who shall in said city endeavor to procure charitable con- tributions under fraudulent pretence, and every person who shall in said city play or bet in any street or public place at any game or pre- tended game of chance, shall, on conviction thereof, be punished as hereinafter provided in Section 1851. Sec. 1851. Any person who shall be convicted of violating any or either of the provisions of the foregoing ordinance shall, for each of- fense, be fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the Kecord- er's Court. Sec. 1852. Any person or persons who shall feed anv horse, mule,, cow, or other animal, on the streets of the city, except it be from feed buckets or bags suspended from the head of such animal, shall, on conviction, be punished by fine not exceeding one hundred dollars, or be imprisoned not more than thirty days, in the discretion of the Re- corder's Court. Sec. 1853. It shall not be lawful for any person or persons to enter the General Passenger Depot in said city in the capacity of porter or porters for any hotel or boarding house, except with the consent of the railroad authorities in charge of said depot, and any person vio- lating this ordinance shall be tried by the Recorder's Court, and, upon conviction, shall pay a fine of not exceeding one hundred dollars, or be imprisoned not exceeding thirty days. Sec. 185-1:. If any person or persons entering said General Pass- enger Depot, and violating the rules governing the same, or obstruct- ing the business of the railroad authorities interested therein, may be ordered out by the police officer in charge, and upon refusal to go he thall be arrested and tried for a violation of this section, and, upon con- viction, shall be punished as provided in the first section hereof ; pro- vided, said rules shall be such as are reasonable, and which said Mayor and General Council shall have approved. Sec. 1855. Xo person shall be permitted at or near any public school house in this city to engage, by conversation, sign or otherwise,, the attention of any of the pupils at said schools to the disturbance of the same or the detriment of the discipline of such schools, and any person doing so shall, on conviction, be fined not more than one hun- dred dollars, or imprisoned not longer than thirty days, in the discre- tion of the Recorder's Court. Refers to Sec- tions 1849 and Feeding ani- mals on the streets. Feb. 20, 1885 Passenger Depot. Duty of police officers and po- licemen. Penalty. Rules must be approved by Mayor and General Coun- cil. Disturbance of public schools. Dec. 4, 1882. Penalty. Part III. — Ordinaxces. 423 Sec. 185G. No person or persons shall congregate in and around any clmrch in the City of Atlanta, either before, after, or during divine churches, service, in such a disorderly or rude manner as to become and be of- Djgorderiy/ fensive, and a disturbance to those attending such church, and it shall conduct, be unlawful for any person or persons, by such unseemly gatherings, g^^ g^^ jg^^,^ or by loud talking, whistling, or laughing, to disturb any congrega- tion of people assembled for divine service in this city. It shall be unlawful for any person or persons to be engaged in smoking, loud talking or laughing in or near the entrance or vestibule of any church in this city during divine worship. Any person or persons violating penalty, this ordinance, on conviction before the Eecorder's Court, shall be jjov. 5, issa. fined in a sum not less than one nor more than one hundred dollars, or ^^^^ jq^ iggg, be confined upon the public works not less than one nor more than thirty days, one or both, in the discretion of the court. Sec. 1857. From and after the passage of this ordinance it shall To prevent the , CI 1 T • disturbance of be unlawful lor anv vehicle to pass any church on Sunday during public worship. 1 ' '■ n • 1 • J • 1 11 ^^' ^^^ rapid services taster than a walk, xiny one violating this section shall, on driving of ve- conviction thereof in the Eecorder s Court, be fined not exceeding one hundred dollars, or imprisonment not exceeding thirty days. Sec. 18.58. Any person or persons who shall drive a vehicle of anv , •J i ^ • Impeding' fu- kind through any line of vehicles following any funeral procession nerai procea- sions. Nov. 7, through the streets of the city, or in any way impeding, retarding, or interfering with any such procession, shall, on conviction in the Ke- corder's Court, be fined not more than one hundred dollars, or impris- oned not longer than thirty days. Sec. 1859. It is hereby put within the power of the Chief of Police, officers may within his discretion, upon notice from the funeral directors, having ^^g"*™^ occa'- in charge any funeral to occur at the residence of any person in the funlrafs.^"^"^^ City of Atlanta, of the time and place of such funeral, to detail police- oct. 20, isoe. men to direct the passing of such house by vehicles other than street cars, police or fire machines, or ambulances, during the progress of the funeral exercises. Sec. 1860. Any person or persons filling the position of guard or guards at any place in the city, where small-pox patients are confined, smaUpox pa- who shall permit any person or persons to enter or leave the premises aiiow any one without the permission of the Board of Health, shall, on conviction, be fined not more than one hundred dollars, or imprisoned not longer " " ' than thirty days, in the discretion of the Eecorder's Court. Sec. 1861. Any person or persons who shall post any hand-bills, advertisements or pictures upon any painted telegraph or telephone sj-aph or teie- poles, or who shall mar or deface the same by cutting or whittling, or ^ , ,- ,o=a . JO 07 Jy]y li^ lgg2, who shall tie any horse or other animal to any painted poles, shall, on conviction, be fined not more than twenty-five dollars, or imprisoned Penalty, not longer than twenty days, in the discretion of the Recorder's Court. Sec. 1862. No person shall be permitted to decoy and trap mock- 424 . Part III. — Ordinances g birds within the limits of said city, and any person so offending Mocking birds m tra *ed''^ shall, on conviction before the Recorder's Court of said city, be pun- oct 5 1885 i?hed by a fine not exceeding one hundred dollars, or by imprisonment not longer than thirty days, either or both, in the discretion of the court. Sec. ISGrt. All prosecutions for violations of city ordinances shall prSecuu°ons.°* ^6 commenccd within two years after such violation, and any offense May 3, 1886. against said ordinances for which no prosecution is begun within two years after its commission, shall be barred, unless the party shall have been beyond the City of Atlanta, in which case the time of absence from the city shall not be embraced or computed as within said two years. Sec. 18G5. That it shall not be lawful for any person to enter into Entry fee any cuclosure where an entry fee is charged, in any other than the must be paid. i n t usual and ordinary way. Sec. 1866. Any person violating Section 1865 of this Code shall, Sept. 19, 1887. ou convictiou thereof before the Recorder's Court, be fined not exceed- Penaity. ing twenty-fivc dollars, or imprisoned not exceeding thirty davs, either or both, in the discretion of the court. Sec. 1866(a). It shall be unlawful for any person, firm or cor- Fi in "ennies po^atiou to usc or Operate a flying jenny or other similar exhibition, have "eimits ^^ ^^^ place iu the City of Atlanta, except such as may have l^een ap- Au 8 1895 proved or designated by the Mayor and General Council, acting upon the petition of the party desiring to use or operate such jenny or sim- ilar apparatus or exhibition. Sec. 1866 (&). Any person, firm or corporation violating the fore- Penaity. S^^^S scction, shall, upon conviction of such violation in the Record- er's Court, be punished by fine not to exceed one hundred dollars, or imprisonment not to exceed thirty days, in the discretion of the court. Sec. 1866(c). Every person who follows in the City of Atlanta the occupation of enticing strangers and others to visit gambling and"nticers.^^ houscs, or to gamble, all persons commonly known as ropers or cap- pers, and all persons commonlv known as pimps, shall be punished, upon conviction before the Recorder's Court, by a fine of not more than one hundred dollars, or imprisoned not more than tliirty days, either or both, in the discretion of the Recorder's Court. Sec. 1866(d). Any suspicious person or character who shall come to the Citv of Atlanta for anv unlawful pur])ose,and esiM'ciallv witli the Suspected ' " • i i i' ,• i criminals. intent to commit any burglary, or })i('k ]xx-kets, or to steal Irom the .\ug. 21, 1895. person or house, or to gamble, and shall not leave the city immediately upon being notified by the police force, or any incnil)er thereof, to do so, shall be deemed a vagrant or idler, and upon conviclion lu'Torc tlie „ , Recorder's Court, of the violation of anv of the provisious of this Penalty. ' ' n ■ ordinance, shall be fined not more than one bund red dollars, oi- mi- Part III. — Ordinances. 425 prisoned not more than thirty days, either or both, at the discretion of the conrt. Sec. 186G(f). It shall be unlawful for any employe of any cut- Ticket scaip- rate ticket office or dealer to stand on the sidewalk and call out to per- dealers not to sons passing by in order to induce patronage to such office or dealer, sidewalk. Sec. 1866 (/■■). Any person convicted of a violation of Section Oct. 29 1895. 1866(e) shall be subject to punishment by fine not to exceed one hun- dred dollars, or imprisonment not to exceed thirty days, either or both of such punishments, in the discretion of the Eecorder's Court. Sec. 1866 ( (7 ). All applications for license to conduct dance houses Ordinance reia- ^^ ' 1- 1^ tjyg to dance shall be made to the Mayor and General Council, and referred to the houses. Police Committee, and reported upon by that committee. June 24. im. Sec. 1867. It shall be unlawful for any corporation, firm or indi- •' ^ , . Athletic g-ames vidual to keep or maintain within the corporate limits of said city regulated. a park or grounds upon which baseball or other athletic games or athletic sports shall be engaged in for public amusement without first having obtained permission of the Mayor and General Council of said city, except as hereinafter provided. Sec. 1868. All applications for such permission shall distinctlv . ,. . ^ ^ ^ • Application for state where said park or grounds are to be located, the character of permit, the sports or games to be played, the class of persons who are to par- ticipate in the same, and the time for which said permission is desired. All permits given shall be subject to revocation, in the discretion of the Mayor and General Council.' Sec. 1869. In the interval between regular meetings of the Gen- ., ^ ° Mayor acts be- eral Council, the ]\Iavor shall have authoritv, in his discretion, to grant t^een sessions ' ^ of Council. permission for games, sports or public amusements, not specified in the general permit. Such permit to be of force only until the first regvilar meeting of the General Council after the same is granted, un- less approved and extended by the Mayor and General Council. Sec. 1870. No athletic games, sports or other public amusements ^^^ ^^^^ shall be engaged in at any park or on any grounds now used for such without pe;-- purposes after the first Monday in August, 1891:, except as herein pro- vided. Sec. 1871. It is made the duty of the Police Department to enter cases and prosecute in the Recorder's Court whenever the playing of caTes'^Lr "^ games or sports at any park or grounds becomes a nuisance. Any cor- poration, firm or individual who shall violate any of the provisions of this ordinance, or any person playing or participating in a game for which no permit has been granted, shall, upon conviction thereof in the Eecorder's Court, be punished by a fine of not more than one hundred ($100.00) dollars, and imprisonment and labor ui)on the pub- lic works of the city not exceeding thirty days, either or both, in the discretion of the court, for each and everv offense. 1 See ordinance of 1S97 on same subject. 426 Part III. — Ordinances. Sec. 1872. It shall be unlawful for any person in the City of At- lanta to practice the calling or profession of fortune teller or astrol- Astrologers and fortune ogQT. Any person violating this ordinance shall, on conviction thereof tellers. fgp each otfeuse, be fined in a sum not exceeding one hundred dollars and costs, or imprisoned not exceeding thirty days, either or both, in the discretion of the Recorder's Court. Sec. 1873. All spiritualist and liberal ministers are exempt from Fortune tellers taxatiou for preaching or demonstrating psychic researches, in public fs'ts ^P'"^""*^' or private, in the City of Atlanta; provided, they are authorized by May 9 1896 churchcs or societies chartered by the State of Georgia or the United States; provided, further, that this ordinance shall not be construed so as to authorize any person to carry on the business of telling fort- unes in the City of Atlanta under the guise of seances or otherwise. Sec. 1874. It shall be disorderly conduct, and unlawful for any Spitting and °^® ^° ^P^^ °^ throw hulls, peeliiigs or other litter upon the sidewalks^ terTn"fidl-^' °^ upou the floors of churches, public halls, theatres, street cars or other public places over which ladies are accustomed to pass in this city. Any one violating any of the provisions of this ordinance, shall, on conviction before the Recorder's Court, and, in the court's discretion, be fined not less than one nor more than five dollars, and, in default of immediate payment of such fine, shall be sentenced to work in the city chaingang not less than two nor more than ten days. walks, etc. Mar. 10, 1 CHAPTER LI. WELLS AND CISTERNS. Section. 1875. Must be filled. 1876. Punishment. Section. 1877. Drawing water from Section 1875. It shall be the duty of all persons owning or occu- Must be filled, pying lots in the City of Atlanta, or their agents or representatives^ to keep all wells, cisterns, and other pits and holes in the earth, therein or on the same, securely covered or enclosed, so as to prevent injury resulting therefrom to the person or property of others. Sec. 1876. Any such person who shall suffer or allow any well, cistern, or other pit or hole in the ground, to be or remain open, unen- unis men . ^loscd, or otherwise so exposed as to be dangerous to the person or property of others, after being notified by an officer of the city, shall, on conviction, be fined in a sum not exceeding one hundred dollars and costs ; or not exceeding thirty days imprisonment in the calaboose, or both, in the discretion of the Recorder's Court; and every twenty- four hours that the same stands open and unoncloscd, after conviction, shall constitute a separate offense. Part III. — Ordinances. 427 Sec. 1877. Any person drawing water from the public cistern? cisterns of the city, except for the purpose of extinguishing fire, shall, upon conviction, be subject to a fine of not exceeding one hundred dollars and cost, or imprisonment not exceeding thirty days, or both, in the discretion of the Recorder's Court. CHAPTER LII. BILL BOARDS. Section. 1878. Bill posters must obtain license. 1879. Shall not post on lamp-posts or fences, etc. 1880. Obscene pictures, not post. 1881. Punishment for violation. Section. 1882. Permits to post. 1883. Penalty. 1884. Building Inspector to issue permit. 1885. May revoke permit. 1886. Penalty. Section 1878. All persons engaged in the business of bill posting. Must get li card tacking, or the distribution of bills, cards, circulars, etc., in the cense. City of Atlanta, and all persons who may come into the city for that ^'ov. 19, isss. purpose and engage therein, shall be required to pay such registration tax as the Maj^or and General Council shall from 5'ear to year deter- mine, and persons who engage in such business without registering their business and paying such tax shall be fined in a sum not exceeding one hundred dollars, or be imprisoned not to exceed thirty days, in the discretion of the Recorder's Court. Sec. 1879. Any bill poster or other person or persons who shall ^j^^j,, ^^^ paste, paint or place upon Broad street bridge or any other bridge, or f^'^ ^^"^ °" any lamp post or corner post, or telegraph or telephone post in said ^''"<^^^- city, or on any building or fence or upon any other public or private ^^^^ ^' ^^^o. property in said city, without the consent of the owner thereof, any handbills, pictures or advertisements, shall, on conviction, pay a fine of not more than one hundred dollars, or be imprisoned not more than thirty days, in the discretion of the Recorder's Court. Sec. 1880. Xo person shall exhibit, expose or paste upon any fence, p,^^^^^„ „y,. building, wall, post, bill-board or other place in the City of Atlanta, ^'-'"''^ Vctures. and exposed to public view, any representation, picture, design or ad- ^''p*- ^^' ^^^■*- vertisement of any description of an indecent, immoral or immodest character, calculated to debauch the public or shock the sense of decen- cy or propriety. Sec. 1881. Any person violating the provisions of this ordinance, penalty. on conviction thereof in the Recorder s Court, shall pay a fine of not yo,,_ 5^ iss3. exceeding one hundred dollars, or by confinement in the city chain- gang not exceeding thirty days. Sec. 1882. Xo fence or other structure for the purpose of posting Erection of bills or circulars shall be erected within the city without first obtaining ^"i^°"d«- a permit from the Mayor and General Council. 428 Part III. — Ordinances. Sec. 1883. An}- person violating tlie provisions of this ordinance, Penalty. qq conviction thereof before the Kecorder's Court, shall be fined in a sum not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, either or both, at the discretion of the court trA-i?ig the case. Sec. 1884'. Hereafter no bill-board shall be erected within the cor- erection "of bin poratc limits of the City of Atlanta, unless the owner or builder thereof iiTst have per- ^^^^ obtaius a permit from the Building Inspector, which permit Buiidin'" In- ^hall be valid, unless afterwards revoked as provided for in the next spector. section of this ordinance. Sec. 1885. The Building Inspector shall have power to hear and decide upon any and all objections which may be made to the erection of such bill-board, and may revoke any permit given by him, if, in his judgment, the said objections are valid and should be sustained, sub- ject to the revision and final action of the Mayor and General Council. Sec. 1886. Any person violating this ordinance, on conviction thereof before the Recorder's Court, shall be fined not exceeding fifty dollars, or imprisoned not exceeding thirty days, either or both, in the discretion of the court. Revocation. Revision by Council. Oct. 20, 1896. CHAPTER LIII. bucket shops, turf exchanges, etc. Prohibited, and penalty. 1889. Racing pools prohibited. 1891. Use of wheels and gamblin'^ de- vices to influence trade prohibited. Section. 1892. Turf exchanges prohibited. Bucket shops prohibited. Penalty. Section 1887. Xo license shall be issued to any person, firm or corporation, to carry on in said city what is popularly known as a "bucket shop," "exchange," or other place where persons can buy goods nominally for future delivery, but where the real purpose is to allow the buyer an opportunity to speculate in the chance of a rise or decline in the goods or articles sold, or to carry on a business where persons can deal in "futures" or margins. Any person who shall in said city, directly or indirectly, whether as proprietor, agent, clerk or otherwise, carry on or be interested in carrying on the business of a bucket shop, exchange, or other place where persons can buy goods nominally for future delivery, but where the real purpose is to allow the buyer an opportunity to speculate in the chance of a rise or decline in the goods or articles sold, or to carry on a business where persons can deal in "futures'' or margins, shall, for each day such business is carried on, and for each sale or transaction of the character above described, be subject, on conviction thereof, to a fine of not exceeding Part III. — Ordinances. 429 $500.00 and costs, or imprisonment not exceeding thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 1888. It shall be unlawful for any person or corporation to maintain or carry on any office, or place of business of any charac- be'tung'^on''^ ter or description whatever, in the City of Atlanta, in which any person ^^j^'^^^l^'^j^^l^^j^. or persons is or are allowed to bet on horse races, boat races, bicycli'"""^^'^'^- races, or any other kind or description of race, whether such race is to be run in the City of Atlanta or any place outside of said city. Sec. 1889. Any person, firm or corporation convicted of a viola- Pe„aity. tion of Section 1888 in the Recorder's Court of said city shall be sub- oct. 24, 1895. ject to punishment by fine not to exceed five hundred dollars, or im- prisonment not exceeding thirty days, either or both, at the discretion of the Recorder's Court. Sec. 1890. It shall be unlawful for any person, firm or corporation use of wheels, to conduct or carry on any business in the City of Atlanta by means element of of anv wheel, or similar device, in which the elements of chance arc fatt trade p . prohibited. used for the purpose of attracting trade. May 5, is96. Sec. 1891. Any person, firm or corporation convicted in the Re- corder's Court of the City of Atlanta, of a violation of Section 1890, Penalty, shall be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed thirty days, either or both of these pun- ishments, in the discretion of the Recorder's Court. Sec. 1892. No Turf Exchange license shall be hereafter issued, and no permit granted for the sale of pools of any kind. Any person run- be° issued!^ ^^ ning a turf exchange or selling pools of any kind in the city after expi- ration of all licenses heretofore granted, shall be guilty of a misde- poof ^selling. meanor, and, on conviction before the Recorder's Court, shall be sulv ject to a fine not exceeding five hundred dollars, or sentence to the ^^^^' city chaingang for a period not exceeding thirty days, one or both, in the discretion of the court. CHAPTER LIV. StIOOTIXG GALLERIES. Section. | Section. 1893. Licensei 1895. Minors and drunken persons. 1894. Restrictions. | I89rx May practice when. Sectiox 1893. Any and all persons desiring to open a pistol or shooting gallery in the City of Atlanta, shall first deposit with the' Clerk of Council one hundred dollars license tax, and then make a Avritten application at a regular meeting of the Mayor and General Council, who shall grant a permission, if they see proper.' Sec. 1894. Any and all persons having obtained a license, shall be •1 See annual tax ordinance. 430 Part III. — Ordinances. subject to the same restrictions and liabilities, both as to orderly houses, days and nights, that retailers of spirituous liquors are ; and for any violation shall be tried and punished the same way. Sec. 1895. It shall not be lawful for persons conducting any shooting gallery to allow minors, except as hereinafter provided, or drunken persons to practice shooting, under a penalty of a fine of one hundred dollars and cost of trial, or be imprisoned not exceeding thirty days, in the discretion of the Eecorder's Court. Sec. 1896. It shall be lawful to allow minors with the written consent of their parents or guardians to practice shooting at any of the reofularlv licensed shootina: galleries of this citv. Minors and drunken per- sons. Minors may practice, when. CHAPTER LY WAGON YARDS. Section. Section. 1897. License. 1900. Drunkenness, etc., in the yard 1898. Violation of irdinance. 1901. Supervision of police. 1899. Regulations. Violation of ordinance. Regulation. Drunkenness, etc., in yard. Supervision police. Section 1897. Wagon yards may be licensed by the Mayor and General Council upon petition, for which the applicant shall pay the aRivumt provided in the tax ordinance annually. Sec. 1898. Any person who shall permit any one to encamp with a wagon, or other vehicle and team, on his or her lot, it not being a regular wagon yard, shall, on conviction, pay a- fine of not exceeding one hundred dollars and costs, or be imprisoned not exceeding thirty days, or both, in the discretion of the Recorder's Court; and the per- son or person? so encamping shall be liable to the same penalty. Sec. 1899. It shall be the duty of all owners or keepers of wagon yards in the City of Atlanta to give public notice, by painted signs on the gate of said wagon yard, to the following purport: "Drunk- enneiss, violence and indecent or obscene language forbidden, under the penalty of not exceeding one hundred dollars fine, or not exceed- ing thirty days' imprisonment, or both." Sec. 1900. Any person guilty of drunkenness, or of violence, or of the use of indecent or obscene language, in or near any wagon yard, shall be fined not exceeding one hundred dollars, or be imprisoned not exceeding thirty days, or both, in the discretion of the Recorder's Court. Sec. 1901. It shall be the duty of the police force to have all wagon yards under their special supervision, until the hour of ten o'clock p. m., and to arrest all and every person or persons guilty of a violation of this ordinance, and bring him or them before the Record- er's Court. Part III. — Ordixaxces. 431 CHAPTER LVI. VEN'DUE MASTERS. Section. 1902. Ucense. 1903. Oath. Section. 1904. Returns. 1905. Acting without license. Sectiox 1902. Any person or persons desiring a license as Ven- due Masters in the City of Atlanta, shall make written application to^"^^"^^- the ^Mayor and General Council for such license; and if such license is granted, such person shall give bond and security to the ]\Iayor and General Council of the City of x4tlanta, and their successors in office, in the just and full sum of four thousand dollars, conditioned for the punctual payment of all taxes, and the faithful discharge of all the duties required of them by this State, and the ordinances of the City of Atlanta, which license shall be of force one year from the date thereof, and no longer. Sec. 1903. Each A'endue blaster shall, before receiving license, take and subscribe an oath, before the Clerk, faithfully to perform all oath. the duties of a Vendue Master for said city according to the laws of ihis State, and the ordinances of this city, which affidavit shall be deposited with the Clerk of Council. Sec. 1904. Such Vendue Master shall, quarterly, on the first Saturday in the months of April, July, October and January, in each Returns. and every year, make returns on oath of the amount of his sales during the term of the three months next preceding the time of said return; and shall also pay through the Clerk of Council to the City Tax Collector, at or before the meeting of Council to which said return is made, all money accruing to the city from duties or taxes upon such sales. Sec. 190.J. Any person acting as Vendue Master in the City of Atlanta without a license from the authorities of said city, and any Vendue Master failing to make returns, or in anj^se violating this out license, ordinance, may be fined in any sum not exceeding one hundred dollars, or be imprisoned in the stationhouse not more than thirty days for each offense, or both, in the discretion of the Recorder's Court. 432 Part III. — Ordinances. CHAPTER LYII. DRAYS AND HACKS. Section. 1906. Licenses. 1907. Not dray without license. 1908. Refusal to haul. 1909. Unlicensed drays not to be employed. 1910. Rates of charges. 1911. Transferring baggage. 1912. Boisterous driving. 1913. Standing in streets. 1914. Numbers. 1915. Hack hire fixed. 1916. Penalty for overcharging. 1917. Refusal to pay hack fare. 1918. Number lamps lighted — tags. 1919. Drivers over 18 years old. 1920. Post schedule of rates. 1921. Rendezvous for hacks. 1922. No other place occupied. 1923. Drivers not leave vehicles — penalty. 1924. Must not use gongs. 192.5. License tags, on drays, etc. 1926-1927-1928. Hacks— how placed near Union Depot. Section. 1929. Hotel porters — how placed near depot. 19.30. Penalty. 1931. Wagons not to congregate on Broad street, near bridge. 1932. Hackmen must not solicit under car- shed. 1933. No sale of hack tickets, etc , under carshed. 1934. Hack agents not board trains under de- pot to sell tickets, etc. 1935. Penalty. 1936. Rendezvous for furniture wagons. 1937. Penalty. l'J38. Furniture wasroners stay on wagons. 1939. Turf, etc., not removed without own- er's permission. 1940. Fire in any wagon forbidden. 1941-1946. Chief of Police to issue permits to hackmen — regulation in regard to per- mits. Section 1906. Any person having or nsing a dray, wagon, or other vehicle in the City of Atlanta, drawn by a horse or horses, or other animal or animals, for transporting persons, goods, wares or merchan- dise, or any other thing or things, to or from the depots, or other place or places' in said city, for hire, shall first apply to the Clerk of Coimcil and obtain a license. And for any vehicle drawn by one horse or other animal, or by two horses or other animals, shall pay the price of license fixed by the annual tax ordinance. Sec. lOOT. Any person who shall carry persons, or haul, or dray for hire, without having first obtained a license, as stated in the pre- Licensed dray- ceding sectioii, shall, upon conviction under this ordinance, pay a fine men only are o ^ ^ r 7 r J authorized to of not exceeding one hundred dollars and cost, or be imprisoned in the stationhouse not over thirty days, or both, in the discretion of the Eecorder's Court. Sec. IDOS. Any person having and using a licensed dray, or other vehicle, who shall, through ill-will or obstinacy, or without sufficient cause, refuse to dray, haul or carry, when money is tendered, when requested by any person, shall, on conviction, be subject to a fine of not exceeding one hundred dollars and costs, or imprisoned as in last section, or both, in the discretion of the Recorder's Court. Sec. ]i)(i!l. Any merchant, or other person, who shall knowingly employ any drayman, with any team of horses, or other animals, or horse, .or other animal, and vehicle or carriage, to haul or convey any goods, wares or merehaiulise, or othei- thing oi- things, to or from any place in the City of Atlanta, for which there is no license, shall, upon Penalty for refusal" to haul Penalty for employing licensed dr men. Part III. — Ordinances. 433 conviction before the Keeorder's Court of so doing, be fined in a sum not exceeding one hundred dollars and costs. Sec. 1910. Xo person having or using a licensed dray shall charge j^^^^^ ^j or collect more than the following rates, to-wit : For each hogshead charges. of molasses, $1.00; for each hogshead of sugar, 75 cents. Flour, meal bacon, and all kinds of grain, fresh meats of all kinds, salted or other- wise, lard, and all other articles of merchandise and provisions, or other articles, per load of eighteen hundred pounds, and bulk freight that can be safely transported, 25 cents. For a one-horse dray or other animal dray load of nine hundred pounds, or bulk freight that can be conveniently carried, 15 cents. For all parts of loads and small articles charges may be made in proportion — no charge, however, required to be less than twenty-five cents, unless otherwise agreed on — a copy of which rates shall be put on each license when issued by the Clerk, and which rates may be changed at any time by a resolution to that effect. • Sec. 1911. All persons in the business of transferring baggage — hacks, drays and all other vehicles — shall be restricted in their charges hIg^age"o^and to the sum of not over twenty-five cents for each trunk, valise, or other ^^'^t p^^^"^^'' article of baggage carried to or from the passenger depot to any point Aug. 20, 1897. within the limits of the City of Atlanta. Any person convicted in the Eecorder's Court of violating this ordinance shall be fined not exceeding one hundred dollars, or imprisoned not more than thirty days. Sec. 1912. If any driver of such vehicle, or any drayman, shall drive in a rude, boisterous, disorderly, dangerous or hurtful manner, boisterous" ^ or in such a manner as to put any person in fear of bodily hurt, or ™^""^''- shall cause bodily hurt or damage to the property of any person, he shall, on conviction, be fined in a sum not exceeding one hundred dollars and costs, or be imprisoned in the stationhouse or jail not over thirty days, or both, at the discretion of the Recorder's Court. Sec. 1913. No drayman or driver of any vehicle shall allow his dray, vehicle or team to stand in a public street, and if through his str^e°ts°^ ^° carelessness or neglect his team runs away, he may, on conviction thereof, be made to pay a fine of not exceeding one hundred dollars and costs, or be imprisoned not over thirty days, in the discretion of the Recorder's Court. Sec. 1914. Each hack and dray license shall have a number there- on, and the drayman or owner shall keep that number on his hack, or dray, and for failure so to do, may be fined five hundred dollars and ^ ^" ' costs, or be imprisoned not exceeding thirty days, or both, in the dis- cretion of the court. Sec. 1915. It shall not be lawful for any person or persons en- gaged in driving a hack within the limits of this city to charge for one driven may trip more than the following prices, to-wit: For one-horse vehicle. i.28) 434 Part III. — Ordinances. Lwenty-five cents, each person; for two-horse vehicle, fifty cents each person; provided, that douhle the price herein named may be charged Ijetween ten o'clock p. m. and five o'clock a. m. Sec. 1916. Any person or persons violating the provisions of the overchLie! abovB Ordinance, shall, on conviction before the Eecorder's Court, be fined not more than twenty-five dollars and costs, or imprisonment not exceeding thirty days, or both, at the discretion of the court, for each and every offense or violation. Sec. 1917. Any person or persons engaging or using a hack in ?ay"hafk*°i.e. *^""^ ^^'^^J' ^0*^ intending to pay for the same at the time such hack is engaged, but with intent to defraud the owner or driver of such hack out of the value of the use thereof (and every employment of such hack shall be held to be for cash unless time is contracted for when tlie engagement is made) and shall fail or refuse to pay such driver his lawful hire at the end of the trip or time for which such employ- ment was made, shall be arrested or summoned by any police officer or policeman to appear before the Eecorder's Court to answer a charge Penalty. ^f violating this section of the City Code, and on conviction before Oct. 15, 1877. j-,|g Honor the Eecorder, Mayor, or Mayor pro tern., shall be fined not exceeding twenty-five dollars, ($35.00), or imprisoned not exceeding thirty days, or both, in the discretion of the court.' Sec. 1918. All persons owning or controlling hacks in the city Hacks to have ^^^l^ k^cp upou said hacks suitable lamps, with the number of said tags^^ ''"'^ hack painted thereon, and shall keep said lamps lighted at night, and July 22, 1898. ^hall also have tag furnished by the Clerk of Council carrying a num- ber corresponding with the number of said hack fastened to said hack in such position as to be easily seen. Any person violating this ordi- nance, shall, on conviction, be fined not exceeding one hundred dollars, or imprisoned not longer than thirty days. Sec. 1919. Hereafter no license shall be granted to run a hack License grant- npon the strcets of the city to any person under eighteen years of age, over°iryeri^s i"ior shall any hack be left, by any person owning or controlling the "'•^^ same, for any period of time in control of a person under said age; nor shall any such person refuse to haul a passenger when not other- wise engaged under the penalty provided in Section 1920 of this Code. Sec. 1920. All persons owning and controlling hacks shall post Post schedule in a conspicuous place in said hack a printed schedule of prices, to of charges. ^^^ furnished by Clerk of Council upon the issuance of license, and Sept. 20, 1890. ^^^^^ ^j^^ ^SiVciQ SO postcd during the continuance of said license. Any person controlling any hack who shall violate tins or the preceding Penalty. eectiou shall, upon conviction in the Eecorder's Court, be ])unished l)v a fine not exceeding one hundred dollars, or im])risoiu'd not longer than thirty days. Sec. 1921. From and after the passage of tliis ordinance it shall be the duty of the Chief of Police to designate some coiilral and con- Part III. — Ordinances. 435 venient place in the City of Atlanta as a general rendezvous for all j^p^^pj^^^^g hacks kept and run for hire, and that said officer may, from time to*°'" ^^''''^• time in his discretion, change said rendezvous. "^""'^ '^' ^^"'^• Sec. 1923. After the passage of this ordinance it shall be unlawful for any hackman to occupy any other place than the one designated ^^pupy"""*' as a place of rendezvous, and upon the violation of the provisions of this ordinance, the offender shall be fined in a sum not exceeding one P«'"=i'ty. hundred dollars, or imprisoned at labor not exceeding thirty days, upon conviction in the Recorder's Court. Sec. 1923. It shall be unlawful for any hackman or driver of Hackman. any public vehicle to leave said vehicle except to assist passengers to"^"^"' ^^^' and from his vehicle; provided, however, said driver can leave the vehicle if he continues to hold the reins in his hands. Upon convic- tion of violation of this ordinance the party so offending shall be fined not less than one nor more than ten dollars, in the discretion of the Recorder's Court. Sec. 1924. All wagons and other vehicles using the streets- of the Gongs on City of Atlanta are hereby prohibited from using gongs to signal their ^*^°'^" approach, except the machines of the Fire Department, the Police patrol wagon, the hospital ambulance and the cars of the various street railroad companies. Sec. 1925. All persons or firms engaged in hauling "free store delivery" or competitive freight from railroad depots to the doors of etc.? ^ toys, merchants and others in the City of Atlanta, and in transferring articles of freight or other things between railroad depots, under a contract or contracts and under bond with a railroad company or com- panies, and who receive no compensation therefor, from any person whatever, except from a railroad company or companies, shall be al- lowed to operate all such drays or vehicles as shall be used exclusively in said business, and in no other business, under a license now pro- vided by the city's ordinances, to be issued by the city to contractors at large, and clerk's fee of fifty cents; provided, that for each dray or other vehicle used in any but the above mentioned, or some other business that under the city's laws and customs falls within the busi- ness of contractors at large, all such persons shall pay such a license as is or may be required of other draymen, and shall be required to use tags on drays or other vehicles used in business other than that of contractors at large as other draj'men.^ Sec. 1926. Public or licensed hacks in use about the Union Pass- , , Hacks — how enger Depot shall hereafter be placed by the drivers, or persons in pieced near charge thereof, in such positions that the back end of each hack shall p^"- be next the sidewalk, between the main entrance to said Union Pass- Oct. 29, iS95. enger Depot and Pryor street, leaving the space between the main entrance and Loyd street open for the use of omnibuses and other See annual tax ordinance. 436 Part III. — Ordinances. similar vehicles, which shall be arranged on that portion of the street ip the same manner as is provided for hacks in this ordinance, with space enough left between the hacks for passengers to conveniently get in and out of any one of the hacks, and that the driver of each hack, when not on his hack, shall stand on the sidewalk immediately in the rear of the hack, so as not to obstruct other persons desiring to use the sidewalk. Sec. 1927. In forming the line of hacks in front of the Union Open space Passcngcr Depot, a space ten feet wide shall be left open and unob- in" front ^oToe- structed by any part of said line of hacks in front of each of the offices ban Holis^''"" or entrances to said Union Passenger Depot, except the main entrance, where a space twenty feet wide shall be left open and unobstructed by any part of said line of hacks. In forming the line of hacks along Wall street on the front of the Kimball House, openings at least ten feet wide shall be left in front of the entrances to that build- ing, so as to be unobstructed by any part of said line of hacks. Sec. 1928. It shall be the duty of hackmen, or other parties in Hackmen et. ai. charge of hacks, to remain on or at their said hacks, and in no event it"on sldewriks! shall they be allowed to congregate on the sidewalk in front of said April 15, 1895. Unioii Passcugcr Depot, or of the Kimball House, or to go upon said sidewalks for the purpose of soliciting patronage, nor shall hotel por- ters, ticket scalpers, or men or boys engaged in transferring baggage, by hand or otherwise, congregate or go upon such sidewalks for the purpose of soliciting patronage. Sec. 1929. Porters for hotels shall stand in line by or under au- thority of the Chief of Police to receive baggage tendered them, but it shall be unlawful for them to yell at passengers, or loudly call out the names of the hotels they are acting for. Sec. 1930. Any person for a violation of the foregoing ordinance, shall, upon conviction, be subject to a fine of not exceeding one hundred dollars, or imprisonment not exceeding thirty days, in the discre- tion of the Recorder's Court. Sec. 1931. It shall be unlawful, after the passage of this ordi- for"drays"and naucc, for wagons to congregate on Broad street between the bridge and Alabama street, and any person or persons who shall fail or refuse to street'"near°* iTiove their wagou Or wagons after having been notified to do so by any " ^''' member of the police force, or the Chief of the Fire Department, shall, *^ ■ ' ■ upon conviction before the Recorder's Court, pay a fine of not more than twenty-five dollars, or be imprisoned not longer than thirty days, either or both, in the discretion of the court. Sec. 1932. There shall be no drumming for passengers by hack- men, or other persons, under the car-shed in this city, to ride in cabs, hacks, gurneys, hansoms, or other public vehicles. Sec. 1933. It shall be unlawful for any person to sell tickets to passengers under the car-shed in tliis city, to ride in hacks, ea])s, Part III. — Ordinances. 437 o^urnevs, hansoms, or other i)uhlic vehicles, or to make a contract with,^°, drummmg o . ' ' I ' under car shed the passengers under the car-shed for transportation therein, and then^^f ,,^^!^^"^"^ show passengers to vehicle outside the depot. ^"'^ "^^'''^■ Sec. 1934. It shall be unlawful for any person or persons, his orQ^^.^^j.^ ^^ •ks, etc. ill not b ' trains to solicit under the car-shed for the purpose of drumming with passengers tOg^^ ,- ^gg- engage or hire certain hacks, cabs, hansoms, gurneys, or other public vehicles, or while on the trains under the car-shed to do so. Sec. 1935. Any person or persons, his or their agents or employes, penalty. violating any of the foregoing provisions, on conviction thereof in the Recorder s Court, shall pay a fine not to exceed one hundred dol- lars, or be imprisoned not to exceed thirty days, either or both, in the discretion of the court. Sec. 1936. It shall be the dutv of the Chief of Police to designate central and convenient places in the City of Atlanta, as rendezvous for hivnUme^l-Js-^ all furniture wagons and all drays kept and run for hire, and said""*^ ^" ^^'^' officer may from time to time, in his discretion, change said places ^ '' ^^' ^^^■'' of rendezvous, and shall designate such place with a view to the least interference with business of such wagon and drays, and business interest of merchants and others. In designating such places of ren- dezvous, said officer shall not allow more than four of any such vehicles to occupy as rendezvous one block of the same street, and these shall be far enough apart to admit of passage of vehicles and pedestrians between each such dray or wagon on each side thereof. Sec. 1937. After the passage of this ordinance it shall be unlaw- ful for any drayman or wagoner, as aforesaid, to occupy as a rendez- vous any other place than the one designated for him as aforesaid, and any person violating any of the provisions of the foregoing ordi- nance, shall, on conviction thereof in the Recorder's Court, be fined in a sum not exceeding one hundred dollars, or imprisoned at labor not exceeding thirty days. Sec. 1938. That while the furniture wagons are at said rendez- vous, the drivers and helpers shall stay on their wagons. Sec. 1939. Hereafter any person hauling or removing anv grass turf or sand in the citv without having a written permit from the removed with- * " -^ ^ out written owner of the land (or his agent), from which said grass turt or sand consent of land ^ ^ •' ' '^ owner. was taken, shall, on conviction thereof, be fined not more than one,, , ' ' March 6, 1890. hundred dollars, or imprisonment in the chaingang for not more than thirty days, or both, in the discretion of the Recorder's Court. Sec. 1940. No person shall make or light any fire in any wagon ^..^.^ .^ ^^^ or vehicle in said city in any pan or open vessel of any sort, -"^ny^^^o^ ^°^- person violating this ordinance shall be subject, upon conviction inp^^^j^jj^, the Recorder's Court, to a fine of not more than one hundred dollars, p^^ .^s, 1899. nor less than one dollar. 438 Part III. — Ordinances. Sec. 1941. No person shall be allowed to drive a hack unless having been given a permit by the Chief of Police, and said Chief shall issue permits only to such persons as can show a good character, and said Chief shall have authority at any time to cancel said permits, if the person holding same has been guilty of such misconduct as unfits him for that kind of work. Sec. 1942. Every person owning a hack shall have large figures conspicuously placed on the glass surrounding his lamp. Sec. 1943. Each hackman shall wear a badge in a conspicuous place, having upon it the number of the cab of which he is in charge. Sec. 1944. Drivers of hacks, meaning by this hackmen, shall not permit any person to take charge of their hack unless such person has a permit to run a hack from the Chief of Police, or unless permission to place a substitute has been granted him by the police officer on duty at the depot. Sec. 1945. The Chief of Police shall keep a record at the police headquarters of all permits granted under this ordinance, and of any cancellations thereof. Sec. 1946. Any person violating any of the provisions of Sections 1941, 1942, 1943, 1944 or 1945 shall be fined not less than one dollar nor more than one hundred dollars, or imprisoned for a term not exceeding twenty days, in the discretion of the Eecorder's Court. Chief of Police to issue per- mits to hack drivers. Numbers lamps. Hackmen to wear badges. Substitutes not allowed with- out permits. Chief to keep record of per- mits. Penalty. Nov. 26, 1S98. CHAPTEE LVIII. horses and mules — CATTLE^ DOGS, ETC. — CRUELTY TO ANIMALS. Section. 1947. Straying in streets. 1948. Letting down enclosures. 1949-1950-1951. Driving unhaltered norses or mules. 1952. Cattle running at large. 1953. Advertised and sold. 1954. Owner to have net proceeds. 1955. Cows to be milked. 1956. Penalty for allowing cattle to run at large. Section. 1957. Impounding. 1958. Not graze on vacant lots. 1959. Penalty. 1960. Cruelty to animals. 1961. Muzzling calves. 1962. Tight reining horses not allowed. 1963. Penalty. Straying on streets. See Sec. 1957. Section 1947. Whenever the police force shall find any hog or hogs, goat or goats, horse or horses, mule or mules, and any other live stock (not including milch cows), running at large in the corporate limits of the City of Atlanta, it shall be their duty to take up and put said hog or hogs, goat or goats, horse or horses, mule or mules, or any other live stock, in pens or lots, and, after ten days notice in four of the most public places of the city, to sell the same at the place in whieli they are confined, at public outcry, to the highest bidder; provided, that the owner of said hog or hogs, goat or goats, horse or horses, mule Part III. — Ordinances. 439 or mules, or other live .stock, shall he entitled to the same by proving property and paying the sum of one dollar per head, and all expenses before sale; provided, further, that it shall not change or modify the ordinance in reference to the hours in which horses and mules may be driven through the streets. Sec. 1948. Any person who shall hereafter suffer his or her hog or hogs, goat or goats, horses or mules, or any other live stock, to run enciisfres^*^"™ at large, in any street or public place in the City of Atlanta, or who shall let down the fence, or any bars, or open any gate of any enclos- ures, where any hog or hogs, goat or goats, horses or mules, or any other live stock may be confined by virtue of an ordinance of the City of Atlanta, for the purpose of permitting or allowing said hog or hogs, goat or goats, or other live stock, to escape therefrom, shall, upon con- viction before the Recorder's Court, pay a fine of not exceeding one hundred dollars, and cost of trial, or be imprisoned in the station- house or common jail of the county not exceeding thirty days, in the discretion of the court. Sec. 1949. It shall be unlawful to drive unhaltered mules in Driving mules. droves of more than five through the streets of the City of Atlanta, March 5, i887. between eight and nine a. m., and betw^een two and three o'clock p. m. Feb. 8, isvs. Sec. 1950. It shall be unlawful for any person or persons to drive unhaltered horses or mules through the resident portions of streets tered^ not to be or park places where the citizens have no fences or enclosures for their streets. ^ ™"^ yards or lawns at any time; provided, this ordinance shall not be so Feb. i9, i896. construed as to prevent the driving of unhaltered horses or mules through any portion of such business streets as Marietta and Decatur streets. Sec. 1951. Any person violating this ordinance shall be fined not Penalty. exceeding one hundred dollars, or be imprisoned not exceeding thirty daj's, in the discretion of the Recorder's Court. Sec. 1952. Xo cattle of any kind shall be permitted to run cattie running at large either dav or nisrht. upon any street of the citv or elsewhere ^ ^^^^' . ,1 ., ,. .^ • ^1 . ^ Uavch 23, 1882. m the city limits. Sec. 1953. When any cattle shall have been taken up twenty-four hours and uncalled for, the Chief of Police shall, after advertising tised and sold, the same for three times in the daily city papers, sell the same to the highest bidder at public outcry. That it shall be the duty of the Chief \e''^tl. of Police to pay to the City Tax Collector, daily, all moneys collected under this ordinance. Sec. 1954. Any person whose cattle mav have been sold, under ^ •' ^ -' ' 0«Tier repaid the provisions of this ordinance, shall, by making proper proof of proceeds of ownership, be repaid the proceeds arising from the sale of such cattle, after deducting expenses of advertising, feeding and selling, by peti- tion to Mayor and General Council. Sec. 1955. It shall be the duty of the officers in charge of the 440 Pakt III. — Ordinances. Cattle prohib- ited from run- ning at large. Penalty. Impounded. See Sec. 1947. Advertised and sold. Disposition of proceeds of sale. Cows to be pouud in which cows are confined, under the foregoing sections, to milked, etc. j^ave such COWS regularly milked and cared for, so as not to be injured in their milk-giving qualities. Sec. 1956. Any person owning or controlling any cattle that shall be allowed to run at large in said city, in violation of Section 1953, shall, on conviction, be fined in a sum of not more than one hundred dollars, or imprisoned not longer than thirty days, either or both, in the discretion of the Eecorder's Court. Sec. 1957. The cattle so found running at large shall be taken up by any member of the police force, and confined in a place to be provided for that purpose, and if unclaimed within twenty-four hours, the Chief of Police shall, after advertising the same for three days in one of the city daily papers, proceed to sell the same to the highest bidder, and the sum realized from the sale thereof shall be held subject to the claims of such owner for six months, during which time the owner may, upon proper proof of ownership, and the payment of cost of advertisement and sale, and fifty cents per day for each head of cattle kept by the city for such length of time, as they were kept before sale, for expenses of keeping the same, receive the same, and upon his failure to make such proofs within six months from the date of sale, the pro- ceeds as aforesaid shall be added to the receipts of the Kecorder's Court, and as such go into the City Treasury. Sec. 3958. No person shall be permitted to herd or graze cattle or other stock on any lot within the corporate limits of said city with- out first securing permission in writing from the owner, or agent of the owner, of such lot. And any person so offending shall, on convic- tion before the Eecorder's Court of said city, be punished by a fine not exceeding one hundred dollars, or by imprisonment not longer than thirty days, either or both, in the discretion of the court. Sec. 1959. Any cattle or other stock found upon any lot, contrary to the provisions of this ordinance, shall be considered as running at large, and shall be taken up, advertised and sold, in accordance with the provisions of Section 1957. Sec. 1960. Any person or persons in this city who shall overload, or cruelly treat, maim, bruise, deprive of necessary sustenance, ill use, or in any manner whatsoever torture, or abuse, any animal or animals, shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars and costs, for each and every offense against this section, or imprisonment not exceeding thirty days, in the discretion of the Recorder's Court. Sec. 1961. Any person having within the corporate limits cowd and calves for sale, who shall keep the calves muzzled, or shall other- wise prevent them from sucking, shall bo arrested by the police force, and taken before the Eecorder's Court and fined for the same in a sum not exceeding ten dollars, or be imprisoned not exceeding five days. Not graze on lots without written per- mission of lot owner. Penalty. May 23, 1890. Cruelty to animals. June 18, 1883. Penalty. Muzzling calves March 5, 1877. Part III. — Ordinances. 441 Sec. 1963. It shall be the duty of the driver or other persons in (^^.^^^^^. ^^ charge of teams, drawing carriages, buggies or other vehicles in tho^"""*'*- City of Atlanta, to loosen the reins so as to allow horses or other ani- JiluTetn- ^^^ mals drawing said carriages, buggies or other vehicles to be comfort- ^"fen^staJTdTnK able in all cases where such horses or other animals have to stand near ^/^^^^^ minuses' theatres, churches, or other public places in the City of Atlanta for^'' "'°'"''- as long a period of time as thirty minutes. ^"^- ^^' ^^''^ Sec. 1963. Any one convicted in the Eecorder's Court of violating the foregoing section, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days. Sec. 1964. No dog shall be permitted to run at large in the CityDo^^ running of x\tlanta, unless such dog shall wear a tag or plate, such as is pre-^* ''■"'^''• scribed by this ordinance ; and any dog found without such tag shall be caught by any member of the police force, or any other person, and imprisoned in a pen, to be kept for that purpose; and the City Clerk of Atlanta shall employ one or more persons, at a stipulated price not to exceed three dollars per day in the aggregate, for the cap- ture of such dogs, and the disposition thereof ; such persons to furnish their own appliances and help. Sec. 1965. Each year the Chairman of the Tax Committee may have dog tags prepared and have a list made of same, which shall be^^^' turned over to the Comptroller, who shall copy the same in a book with ^"' ' eonsecutiye numbers of the tags, which shall be charged up to the City Clerk and sold by him at one dollar and twenty-five cents for each tag. The Clerk shall return daily to the Tax Collector the money received from sale of tags, reporting to the Comptroller the amounts so received, name of purchasers and number of tags, and upon exhibi- tion of the receipt of the Tax Collector shall receive credit and the Treasurer be debited with the amount. Said tag shall only be good for the year in which it is sold. Sec. 1966. The owner of any dog caught and imprisoned as aforesaid, shall be entitled to the possession of said animal upon the proof of ownership, and the payment of one dollar into the City Treas- ury, and the purchase of a tag at the price aforesaid. Sec. 1867. The Clerk shall keep a record of all persons who pro- cure such tags, and if any person shall counterfeit or use any tag not chasers of purchased as aforesaid, he or she shall, on conviction, be fined not exceeding forty dollars and costs, in the discretion of the Eecorder's Court. Sec. 1968. All dogs not claimed within twentv-four hours after '=' • Unclaimed being caught and imprisoned as aforesaid, shall be conveyed bv the dogrs killed, person authorized, outside the city limits and killed. Sec. 1969. From and after the passage of this ordinance, it shall pogs°?t ai- ^ ^ ' lowed in L. P. not be lawful for any person to permit his or her dog or dogs within Grant Park, the limits of the L. P. Grant Park. Feb. t, issv. 442 Part III. — Ordinances. Sec. 1970. Any person violating this ordinance shall, upon con- Penaity viction thereof before the Eecorder's Court, pay a fine not exceeding ten dollars and costs of trial, or be imprisoned not exceeding thirty days, in the discretion of the court. Sec. 1971. It shall be unlawful for the owner of any female dog Female dogs in ^o allow such dog to ruu at large, while in heat ; and for every such run*at°iarg°e. offcnsc the owucr of sucli dog sliall, upon conviction, be fined in a sum Owner fined ^ot exceeding one hundred dollars, or imprisonment not exceeding and dog killed, ^j^-^.^^ ^^^^^ ^-^j^^^ ^^ ^^^^^ ^^ ^^^ discretion of the Eecorder's Court. July 9, 1S90. j^^^ -^ gi^^ll l^g ^l^g ^^^y ^£ ^^^ policeman to kill said dog, when caught outside of her owner's enclosed premises, when in heat. CHAPTER LIX. LIVERY AND PRIVATE STABLES. Section. 1972. Livery stables to have permits. 1973. Nuisance and danger features to be con- sidered. Section. 1974. Petition for stable must show what. 1975. Penalty. 1976. Private stable to be not nea-er than thirty feet to any residence — penalty. It shall be unlawful for any person, firm or corpo- carry on a livery stable, feed and sale stable. _, , on a Livery stables ^ /-< r> » i to have permits or other similar institution in the Citv of Atlanta Section 1972. ration to open and at any place not April 15, 1895. occupicd for such purposcs at the date of the passage of this ordinance, without first applying to the Mayor and General Council, and obtain- ing special permission to open and conduct said business at the place to be so occupied. Sec. 1973. In considering and passing upon the question of grant- . ing permission to open or operate such livery, feed or sale stable, stock yard or other similar institution, regard shall be had by the Mayor and General Council to the proximity of the proposed stable or yard to shipping facilities, to the avoiding or prevention of danger to pedes- trians in consequence of the use of the streets by large numbers of animals, to the absence or presence of densely populated residence neighborhoods, and to the question whether the proposed establish- ments are so near to churches, schools, or other similar institutions as to prove injurious to them, as well as to the question of proper protection against fire losses. Sec. 1974. Every such permission granted or passed upon by the Mayor and General Council, shall be based on petition, showing par- ticularly the location intended to be used, and the character of the buildings which it is proposed to occupy, whether sucli building has already been erected or is only projected. Sec. 1975. A violation of the foregoing ordinance shall subject the ofi'ender, on conviction thereof in the Recorder's Court, to punish- considered be- fore permit granted. Not kept near churches and schools. April 15, 18!) Penalty. Part 111. — Ordinances. 443 ment by fine not to exceed one hundred dollars, or imprisonment not to exceed thirty days for each offense, and such conviction and punish- ment shall not prevent the closing of any such stable, stock yard or similar place by the Mayor and General Council in their discretion. Sec. 1976. It shall be unlawful for any person, firm, or corpo- p^j^.^^^ gj^^,^ ration to erect or use a private stable nearer than thirty feet to anv |," than°tinrty' residence or place of business without the consent of the owner and [^enJe or"Va^ce occupant of such adjacent residence or place of business, and a vio-"^ business. lation of this section shall subject the offender, upon conviction in the '^"^- ^' ^^"^■ Eecorder's Court of the City of r\tlanta, to punishment by fine not exceeding one hundred dollars, or imprisonment not exceeding thirty davs. CHAPTER LX. THEATRES, OPERA HOUSES, HOTELS, ETC. Section. 1978. Construction of doors. 1979. Aisles to be kept clear. 1980. Ladies required to remove 1981. Penalty. Section. 1982. Owners of theatres, etc. 1983. Speculators in theatre tickets. 1984. Gas in hotels and boarding houses. Section 1978. It shall not be lawful for the proprietor, or owner of any theatre or opera house, to lease, rent or permit to be used in construction anv wav, such theatre or opera house, unless all the doors of ingress ", " , ' T P 1 Sept. 20, 1875. and egress to them are so constructed as to open outward from the inside. Any person or persons violating the provisions of this ordi- nance, shall be fined by the Recorder's Court not exceeding one hun- Penalty. dred dollars and costs, or thirty days imprisonment in the stationhouse. one or both. Sec. 1979. It shall not be lawful for the proprietor or owner of ,. Aisles to be any theatre, opera house, or other house used for public amusement, kept clear, to lease, rent, or permit to be used, the aisles leading to and from the Feb. 7. issi. seats and doors u.sed as entrances and exits, or about or in the door- ways, permanently or temporarily at any time, by persons standing therein or by the chairs, stools or other movable seats placed therein ; and all doors of exit or entrance shall be designated by large letters ^ . ° ..' o Exits marked in plain view of the audience. Any person or persons violating this section shall be punished by fine not to exceed five hundred dollars, p^^^^,^^, or imprisonment not longer than thirty days, in the discretion of the Recorder's Court. Sec. 1980. It sliall be the duty of the proprietor, lessee, or other p^q^j^jj^g j^. person in charge of each and every opera house or theatre in the City their^hats^tpon of Atlanta to require ladies who attend performances in such theatre house"m- Xa^ or opera house to remove their hats before the performance begins. *'"^- and to keep them oft' during the performance. -^"^- ^^- ^^^"- 444 Part III. — Ordinances. Sec. 1981. Any such proprietor, lessee or other person in charge Penalty. ^^' '^^ opera housc or theatre, who shall violate the preceding section of this ordinance, upon conviction shall be fined in the Eecorder's Court not exceeding one hundred dollars or imprisoned not exceeding thirty days. Sec. 1982. The owner of all opera houses, theatres and public at^TsTetc! *""" places of amusements, where an orchestra is used, shall have a railing Jan. 17, 1893. placcd arouud said orchestra, and a passage-way or aisle of not ]ess than two feet between said railing and all seats shall be kept open, as requiried by Section 1979 of the city ordinance. Sec. 1983. No person shall be permitted to speculate in tickets Speculators in ^or theatrical or other like performances, without first taking out a li- theatre tickets, ^^^^^ ^^^^ ^^^ q-^^ q^^^^^ ^j^-^j^ j-^^^^gg gj^^j^ ^^ ^^^ huudrcd dollarS ]3er annum. Any person violating this ordinance shall be punished, on conviction before the Eecorder's Court, by a fine of not less than one hundred dollars and costs, and imprisoned not less than thirty days for each offense ; but the Mayor shall have power, in his discretion, to remit the penalty of imprisonment. Sec. 1984. It shall not be lawful for the proprietor or proprietors Gas in hotels (either themselves or by their employes) of any hotel or boarding houses°not'rat housc in the City of Atlanta, where any kind of gas is used in bed- rooms for lights, to cut the gas off at any time during the night, except in cases where the premises may be on fire. Any proprietor or pro- prietors of any hotel or boardinsr house violating this ordinance shall, on conviction before the Recorder's Court, pay a fine not exceeding one hundred dollars for each and every violation. It shall be the duty of the Chief of Police to see that this ordinance in enforced. ADOPTING ORDINANCE. Sec. 1985. Be it ordained by the Mayor and General Council of the City of Atlanta, That the new City Code compiled by, and under ordiuance the direction of, the City Attorney, J. A. Anderson, and now ready Code as the for publication, containing the city charter, certain general laws of of Atlanta. the State affecting municipalities, the city ordinances, the rules of Approved Sep- the various departments, and the grants of street railway, telephone and other street franchises, be and the same is hereby adopted as the City Code of Atlanta. APPENDIX. RULES For the Government of the Mayor and General Council of the City of Atlanta. meet- ings. KuLE 1 . The Mayor and General Council will meet at the Council Chamber at 3 o'clock p. m. on the first and third Mondays in eachof^meetinKs. month, and continue in session from day to day, in their discretion. EuLE 2. Special meetings of the General Council may be called sneciai by the Mayor whenever, in his discretion, the exigencies of the case may require it. EuLE 3. Eight members of the General Council shall constitute Quorum. a quorum for the transaction of business, and in all cases a less number may adjourn from time to time, and compel the attendance of ab- sentees. EuLE -i. The ]\Iayor pro tern., or, in his absence, any member of prggijing the General Council, who may be designated, (a quorum being pres-°®c^''- ent), shall take the chair at the hour appointed for any regular, ad- journed or special meeting. The Mayor shall preside during the elec- tion of officers. EuLE 5. The presiding officer, whether the Mayor, Mayor pro tern., order, com- or any member of the General Council, shall enforce the rules of this '"'"'^^®' '^*''- body, preserve order and decorum, and appoint all committees, unless the General Council shall otherwise direct, in which case they shall be appointed by the General Council, in such manner as may be de- termined upon. EuLE 6. The following order shall be observed in the transaction PI. . Order of busi- of business, viz : ness. 1. Eoll Call. 2. Eeport of Committee on Minutes. 3. Eeconsiderations. 4. Communications. 5. Eeports of Officers. G. Unfinished Business. 7. Changes made by Aldermanic Board. 8. Petitions. 9. Eeport? of Standing Committees. 10. Eeports of Special Committees. 11. Eesolutions, Orders and Ordinances. 12. Delaved Petitions. 448 Rules for the Government of Report. Report of officers. Rule 7. Xo account, not examined and certified to be correct by a member of the proper committee, or by the Mayor, will be passed. Rule 8. Every committee shall report upon the subject-matter referred at the succeeding meeting, or shall show good cause why such report is not made. Rule 9. Every officer whose duty it is made, by order or resolu- tion in the General Council, to report at the regular meetings of this body, shall punctually perform his duty, or be fined, in the discretion of the General Council. Rule 10. Every ordinance shall be read twice at the same or dif- ferent regular or special meetings of the General Council previous to its adoption. Rule 11. All motions shall be reduced to writing at the request of the Mayor or any member of the General Council. Rule 12. In all matters pending before the General Council, a majority shall govern. In all cases of a tie, the Mayor, or presiding officer, shall give the casting vote, but at no other times, and under no other circumstances, shall he be permitted to vote. Rule 13. Each member of the General Council, while speaking, shall be standing, respectfully address the chair, confine himself to the question under debate, and avoid all personal or indecorous language. ISTo member shall interrupt another while speaking, except to rise to a point of order, the point to be briefly stated to the presiding officer. Rule 14. The Mayor, or presiding officer, shall decide questions of order, subject to an appeal to the General Council. Rule 15. In all votes, resolutions, or ordinances, having for I heir object the increase of the indebtedness of the city, or the expenditure of its revenue, except the payment of its salaried officers, any one Al- derman, or any two Councilmen, may give notice of a motion to recon- sider, which notice, in either case, shall delay the question until said reconsideration can be acted on at the next regular meeting. In all other cases, a motion to reconsider any of the proceedings of the Gen- eral Council will not be entertained, unless made by a member who previously voted in the affirmative. Rule 16. On the call of any member of the General Council, the vote on any question may be taken by yeas and nays and recorded. Rule 17. In the order of business established by rule 6 when the head of "Reports of Committees" is reached, the reports of the com- mittees will be called for in the following order : Majority. Tie vote. Rule of speak- ing. Questions of order. Reconsidera- tion. Yeas and nays. Reports of committees. 1. Committee on Bridges. 2. Committee on Cemetery. 3. Committee on Contested Claims and Litigation. 4. Committee on Electric and Other Railroads. 5. Committee on Electric Light, Telegraph and Telephones. (5. Committee on Board of Electrical Control. Mayor and General Council. 449 7. Committee on Finance. 8. Committee on Fire Department. 9. Committee on Board of Fire Masters. 10. Committee on Public Improvements. 11. Committee on Manufacturers, Statistics, Freight Rates and Transportation. 12. Committee on Ordinances and Legislation. 13. Committee on Parks, l-l. Committee on Police. 15. Committee on Printing. 16. Committee on Prisons. 17. Committee on Public Buildings and Grounds. 18. Committee on Hospital and Charities. 19. Committee on Salaries. 20. Committee on Sanitary Affairs. 31. Committee on Schools. 32. Committee on Sewers and Drains. 23. Committee on Streets. 34. Committee on Tax. 25. Committee on Waterworks. Rule 18. No communication to the General Council shall be en- ( onimiinica- tertained unless the same be in writing. t'ons. Rule 19. The Clerk shall keep a separate book, in which shall ^^^^^.^ ^^ be entered these and all other rules and by-laws which the General '"i^s. Council may pass, and also a book in which shall be entered the sev- eral ordinances adopted by the General Council. Rule 20. ISTo member of the General Council shall speak more than ten minutes on any question under debate, nor more than once ^^^^*^- on the same question until all who wish to speak shall have opportu- nity to do so ; neither shall any member speak more than twice on the same question without permission. Rule 21. No person, not a member of the General Council, shall speak on any matter pending without the unanimous consent of the ti)"spe"k.""*^'^^ members present. Rule 22. The unfinished business of any meeting shall be laid over to be acted on at the next regular meeting, and to be taken up ' ' ' after reports of officers. Rule 23. All reports of committees on matters referred to or orig- inating with them, shall be written in ink, and shall, in all cases, be committoes. so framed as to clearly indicate the action of the committee ; and if the report involves the expenditure of money, it shall, in all eases, show the amount to be expended, or an approximation th.ereto. Rule 24. While the General Council is in session its members, as Members and well as the officers of the city in attendance thereon, shall occupy the seated'! 450 Mayor and General Council. seats, or positions, in the Council Chamber respectively assigned them, and shall not leave them, except by permission of the Mayor. EuLE 25. All petitions presented shall be referred by the chair to the appropriate committee for consideration; such reference, how- ever, being subject to the control of the General Council. Rule 26. The Mayor, or presiding officer, when the General Council is in session, shall enforce parliamentary rules for its govern- ment, so far as they are applicable to such a legislative body, and do not conflict with the rules adopted. Rule 27. Cushing's Manual shall be the recognized exponent of parliamentary law. Rule 28. Any additional rule or rules may, from time to time, be made by the General Council, but no alteration of a rule shall take place, nor the suspension of any rule, without the consent of two-thirds of the members present. Kefeience of petitions. Parliamentary rules govern. Cushing's Manual. Aldcrmanic Board Rules. Ordinances read one time. Regular meetings. 1. An ordinance that, having regularly passed the Mayor and Council, requires the concurrence of the Aldermanic Board, shall be read one time and then acted upon. 2. The regular meetings of the Aldermanic Board shall be held at three o'clock p. m., on Thursdays following the regular meetings of the Mayor and General Council. WATERWORKS, By-Laws for the Government of the Atlanta Board of Water Commissioners. By virtue of the power and authority vested in them hy the Charter of the City of Atlanta, as set forth in Sections 39 to 59 inclusive, of the City Code of Atlanta of 1891, the Board of Water Commissioners have adopted the following revised By-Laws, Rules and Regulations, for the government of said Board, and of the Waterworks system of rhe City of Atlanta, this December 7th, 1898. Section- 1. The officers of the Board shall consist of a President, Vice-President, Superintendent and Secretary, all of whom shall be ^^^^,^^^ elected at the first regular meeting in February of each year, except the President and Vice-President, who shall be elected at first regular ineeting in January of each year, and shall hold their office for the term of one year, or until their successors have been elected and qual- ified. Sec. 2. There shall be a regular meeting of the Board on the Wednesday next following the first and third Monday in each month, ^i^etings. at four o'clock p. m. from April 1st to October 1st, and three o'clock p. m. from October 1st to April 1st. Called meetings may be held at .such other times as may, in the judgment of the President or any three members of the Board, be necessary to transact the business of said Board. Sec. 3. It shall be the duty of the President to preside at all meetings of the Board ; to preserve strict order ; to procure at all times the correct meaning and sense of the Board; to conduct the business of the Board under the general parliamentary rules governing delib- erative bodies; to call the Board together in extra session whenever, in his judgment, it may become necessary, or whenever requested to do so by any three members of the Board. It shall be the duty of the President to see that the orders and policy of the Board and the laws of the city are duly executed. Sec. 4. It shall be the dutv of the Vice-President to preside, and ,.. „ . J ' \ ice-Presi- otherwise perform all the duties of the President, in the absence of '^*'°*- the President. 452 Waterworks Departm.ext. Sec. 5. It shall be the duty of the Secretar}' to keep a correct Secretary. record of the official acts and doings of the Board, in a hook provided for the purpose. ()uoruni ^^^- ^- ^ majority of the Board shall constitute a quorum for the transaction of business. Sec. 7. No real estate or other property or right-of-way, for or on Purchase of account of the Board of Water Commissioners, shall be purchased or rieht-^of^-way°'^ obtained, except by a resolution of the Board, or through a committee appointed for that purpose. Sec. 8. The signature of the President and Secretary to any law- Authority to f^^l paper, when signed by authority of the Board, shall be considered ^'^"' as binding upon the Board as if each member had signed separately for himself. Sec. 9. All papers, such as deeds, bonds, contracts, etc., necessary Disposition of to be recordcd, shall be taken by the Secretary and caused to be placed papers. ^^ rccord ; after which they shall be filed in the archives of the city; or such other place as may be safe, right and proper. Order of busi- Sec. 10. The following shall be the Order of Business : 1. Calling of the Eoll, and noting absentees. 2. Report of Committee on Minutes. 3. Report of Finance Committee. 4. Report of Pipe Committee. 5. Report of Executive Committee. 6. Report of Special Committees. 7. Reports of Officers. 8. Petitions and Communications. 9. Unfinished Business. 10. ' Xew Business. 11. Adjournment. Board of Com missi oners to control. Rules and Regulations Governing the Atlanta Waterworks. Sectiox 1. The Waterworks shall be managed by the Board of Water Commissioners, who are authorized to- make such By-Laws and regulations, elect such officers, and fix such salaries as they may deem necessary for the safe, economical and efficient management of tlio works. The Board reserves the right to increase or decrease the num- ber of employes of the Waterworks at their discretion; and each and every employe of the Waterworks shall hold his position at the pleas- ure of the Board. Sec. 2. The Superintendent shall be the general executive officer ent's' bond^'and "^ ^^^^ Watcrworks, and give bond, with satisfactory security, in tlio duties. cum of five thousand dollars, for tlie faithful di.?chargc of his dmie^. \Vatki{vvoi!KS Depahtment. 453 The Superintendent shall see that the rules and regulations of the Board are enforced; that all contracts and specifications are fulfilled, and that the assessment of the water rates are correctly made and at- tachments are platted ; that all money due the Waterworks is collected, and that all accounts and claims are audited for payment after their in- spection and endorsement by the Secretary. The Superintendent shall have general supervision over all the operations of the Waterworks, and fnfshaii^exer- shall report to the Board as to its working condition at each regular supervl^on.^ meeting of the Board, and make such suggestions and plans for its im- provement and extension as may be advantageous to the system. He shall also see that the Secretary, engineers, subordinates and all em- ployes perform their duties according to the regulations of the Board of Water Commissioners. He shall make monthly statements of the quantity and cost of pipe extensions and stop-valves and fire hydrants set, together with the estimates of all work performed during the month. Sec. 3. In January, annually, the Superintendent shall submit a report to the Board, showing in detail a general and complete record '^"""'^' ''^p°''^- of the operations and expenses of the works for the year preceding, with an estimate for the expenditures for the ensuing year. He shall also supervise the pipe laying, keep the books, if required, and attend to such other duties as the Board may require. Sec. 4. The Superintendent shall also submit a monthly report from the engineers, showing the amount of water pumped, the number port, and the date of the fire alarms, the quantity and cost of fuel and sup- plies used, and repairs and extensions made in the pumping depart- ment. He shall also make out and certify to pay-rolls, monthly bills, and expenses of every description, and keep a complete record thereof for reference; he shall record all specifications, contracts, and make plats of service pipe attachments and pipe extensions, with the dimen- sions and cost thereof, for the inspection and approval of the Board. Sec. 5. The Superintendent shall have avithority to appoint and discharge all regular salaried employes of the Waterworks system sub- ^/'employes* jeet to the approval of the Board, except such as are recommended to the Board by the engineers in their departments and except two clerks and the bookkeeper in the office, who shall be appointed by the Secretary, subject to the approval of the Superintendent, who shall report such appointments to the Board for their ratification. He shall have authority to employ all necessary help in the various departments of the Waterworks system, such as tapping, meter and pipe laying, etc., iind shall submit pay-roll of the same to the Board for their approval. Sec. 6. The Superintendent shall have full and entire charge of the pumping works, and machinery at both stations, and of the res- pum^ng" ervoir; he shall have kept a careful account of all fuel, supplies used, "°' ^' and repairs made and cost thereof, and report to the Board the con- 454 Waterworks Departmext. Authority over engineers, etc., at pumping station. Care of prop- erty at pump- ing station. dition of tlie machinery whenever required, and make monthly state- ment of the revolutions and strokes of the engines, the quantity of water pumped, date and duration of fire service and condition of machinery; have made out and certified to by the First Engineer of each pumping station the pay-rolls for their respective stations; test and report quantity, quality and cost of fuel and supplies at both stations for the inspection and approval of the Board. Sec. 7. The Superintendent shall have full power and authority over the engineers, firemen and all other employes at the pumping stations. He shall recommend to the Board for appointment all the regular salaried employes in their departments and all other employes shall be appointed and discharged b}^ him, subject to the approval of the Board. Sec. 8. The First Engineer at each pumping station shall have the direct care and responsibility of all the property on the grounds of the city, at their respective pumping stations, and as often as op- portunity will permit, shall in person, look into the sanitary condition of the houses occupied by the employes, and also, at the general sur- roundings, with a view to their presenting at all times, a neat and healthful condition. Sec. 9. No visitors must be permitted about the engines without being closely accompanied by the engineer on duty, and under no cir- cumstances should any one be allowed to handle any valve or lever, or in any way meddle with any appliance connected with or belonging to any of the machinery. Sec. 10. It shall be the duty of the Superintendent to take orders and give directions from time to time as may be expedient and neces- sary, to so regulate the pumpage from the river, taking suitable advan- tage of the capacity of the reservoir, so as to avoid as much as possil)le consistent with efficient and proper service, the pumping of storm or discolored water from the river — stopping the pumps at No. 1 Station when the river is muddy ; filling the reservoir and keeping it up wht^i the river is in its clearer or better stages. On the daily record kept at both pumping stations, an entry shall be made appropriately to each, the daily stage of the river, as to height of water and degree of clearness, and the height and condition of the water in the reservoir. Sec. 11. The Secretary shall give satisfactory bond in the sum of five thousand dollars ($5,000. 00), conditioned for the faithful perform- ance of his duties. He shall keep and have charge of the Waterworks books, papers, pay-rolls and accounts. He shall have power to ap- point and discharge the clerical force in the office, subject to approval of the Superintendent and ratification by the Board ; shall sujiervise and control such force and see that they perform llieii' (hities witli courtesy to the public and fidelity to the city. Keep a register of the applications made for water, assessments, permits, hydrants, attach- Pumping into the reservoir. Daily record of water. Secretary's bond and du- ties. Watku\v()1{K8 Dkpahtmkxt. 455 ments, water rates and rents, collections, disbursements and receipts ; make out bills, keep the minutes of the Board, and submit monthly reports showing rate of water consumption ; water turned on or off ; receipts and financial condition of the Waterworks, with such other duties as the Board may designate. Sec. 18. No Commissioner, officer or employe of the Waterworks fc-hall in any manner be interested, directly or indirectly, in any con- 'eguiatio^ as tract or purchase made by the Waterworks. The Superintendent may ^^' purchase material or order repairs for the Waterworks not exceeding two hundred and fifty ($350) dollars in cost; but in all instances, after having made such purchases or repairs, he must report the necessity and cost of the same at the next meeting of the Board. Sec. 13. All pay-rolls must be certified bv the Superintendent, en- I'av-roiis. gineers and Secretary, and be approved by the chairman of the Finance Committee of the Board, and receipted by the employes. Sec. 14. The chairman of the Finance Committee shall submit monthly a statement to the Board properly certified to by the Super- Finance Com- * ^ mittee. intendent, engineers and Secretary of all bills, pay-rolls and expendi- tures made by the Waterworks during the month. Sec. 15. Requisitions shall be made upon the Superintendent for supplies or other material needed, bv the engineers or foremen of the Kequisitions '- ^ ^ 1 o fgj. supplies various sub-departments, which requisition, after approval by the Su- and material, perintendent, shall be brought to the Secretary, who will issue the or- der for the purchase of said supplies or material, in accordance with contracts previously approved by the Board, or as authorized by its rules, and upon the best prices, qualities and conditions obtainable. Bills of purchase shall accompany the goods when delivered, and be signed with 0. K. check by the foreman or engineer receiving same, and shall be delivered to the Secretary's office for entry. Xo purchase shall be made without the approval of the requisition by the Superin- tendent, except in extreme cases, where, in his absence, the Secretary may act. Duplicates of all orders and requisitions shall be kept, showing disbursements, etc., for the inspection of the Board. Sec. 1(). Office hours in the Water Department shall be from eight a. m. to five p. m., with the addition that one clerk and one inspector p^^^g ,jou,.s shall remain on duty for special calls until half past six p. m.. by turns, as designated by the Superintendent from time to time. All officers, inspectors and clerks shall, as a rule, be at the office to go on duty punctually at said hour each morning, and the Superintendent will personally be present and take knowledge that they do so; and none to be absent or lose any time from their duties during the day without his permission. If work is behind, or for special cause, work in the office may be extended beyond five o'clock, and each day the force shall remain until dismissed in whole or in part by the Super- intendent, or, in his al)sence, h\ the Secretary. The Superintendent 456 Waterworks Department. Rotation by meter readers and inspectors Duty of in- spectors and meter readers. Sunday hours ^liall detail one clerk, meter reader, inspector or other employe, to remain on duty each Sunday from eight p.. m. to six p. m., to answer telephone calls or give such notice as instructed by the Superintendent in case of break or other necessity. Sec. 17. Absolute sobriety is enjoined on every man in the depart- ment. The Superintendent will be held strictly responsible for the Sobriety. enforcement of this rule. For any infraction of this rule, the Super- intendent must at once discharge the delinquent, when under the rules he has power of appointment and removal, and in other cases he must at once suspend the delinquent and report the matter to the Board for its action. Sec. 18. A system of rotation by the meter readers and inspectors in the different districts or divisions of the city shall be devised and enforced under order of the Superintendent, so as to insure, as far as possible, the invariable and correct reading of the meters, and so that the work of each may verify and be a check upon the other. This sys- tem may be verified and improved from time to time by the Superin- tendent, as experience may suggest or new conditions require. Sec. 19. Inspectors and meter readers shall take all due care and pains to inform and explain to consumers the use of cut-off, fixtures, meters, and nature of the service, whenever needful to do so, so as to give the consumer satisfaction as far as possible, and as an accommo- dation, without charge to consumers, they will make any slight repairs, such as putting in a new washer or tightening up a joint, or other like thing that can be done in a few minutes, and shall carry with them on their round a light wrench and washers or other needful or simple appliances for such purposes. If meter readers and inspectors have not the requisite mechanical skill and training, they are expected to speedily acquire it, or the Superintendent will replace them with men who are thus capable. Such slight repairs here contemplated are not a matter of right or contract with consumers, but a mere accommoda- tion -to be carried out under the direction of the Superintendent in the effort to make the service favorable and satisfactory to the public. Sec. 20. The Superintendent is required to so order the conduct of every officer and man in the department as by courtesy and dili- gence shall most tend in every instance and under all circumstances to show to consumers not only that they shall get the best service, but they be enabled to feel and know that they are getting it, and that the utmost pains be taken in answering and relieving complaints, and all that is needful for the successful and satisfactory conduct of the de- partment in dealing with consumers and the public. Sec. 31. A separate rate will be charged for each store, dwelling or other premises supplied, at not less than eighty cents for each sepa- rate tenement. It is the policy of the city to encourage in every way the making of a separate tap and use of a separate meter for all prem- Conduct of officers and employes of departmetit. Number of water rates. Waterworks Depart.ment. 457 ises supplied, as experience has shown that l)y this means the best ser- vice, econom)' and satisfaction can be given to consumers, consistent with the interest of the public, and no exception will be made in this respect unless under special written authority of the Superintendent. Sec. 22. Change of rules, or standing orders and precedents shall, c,,.,,,^^ „f when proposed, stand over till the next regular meeting. "■"''■■ Sec. 23. There shall be an inventory carefully made, accurate and i„vi.ntory. full, during the last week of every year, showing the total amount of all supplies and material on hand in each and every division of the De- partment, and the same entered appropriately on its files or books, and a consolidated report of same laid before the Board at the first meeting of each year. Sec. 24. A separate cut-off shall be put in for each meter so that the same may be cut off independently, and in all cases where this is Sreet*^^ '" done, these cut-offs shall be in the street, as provided by city ordinance. Sec. 25. When the supply is taken through one meter supplying two or more houses, all owned by one party, a separate cut-off may be offs!^'**'^ '"* placed in the adjoining yard through which the water passes before reaching the house or premises supplied, by which the house may be cut off independently and reduce the number of rates accordingly. Said cut-offs will only be placed upon written application of the prop- erty owner, approved by the Superintendent ; same to be under absolute control of the Waterworks Department, and any interference therewith to be punishable according to laws governing same as though it were in the street. In no case will said cut-off be allowed to be handled by any other one than an employe of the Waterworks Department. All expenses of placing and keeping in repair such special cut-offs shall be borne by the property owner. When water is cut off by the Waterworks Department and is afterwards found to have been turned on without the knowledge of said Department, the privilege of using such special cut-off for the reduction of rates will he withdrawn and the full num- ber of rates collected. Sec. 26. In no case will these cut-offs be placed within the prem- ises when houses supplied have a frontage on a public street or alley. in^stn;et' oi'ai'^ In such case, these special cut-offs must be in the street front or alley. "' Sec. 27. ¥0 change in any employe where appointment has been approved by the Board shall be made until the proposed change, with emp"fyes'' reason therefor, shall have been first submitted to the Board. When New appoint- new appointments are made, they shall be in line of promotion. Sec. 28. Meters that are inconveniently located shall be changed by the property owner, or at his expense, so as to conform to the rule Meters incon- on that subject, and when left within the premises, shall be set at the ca^ed" property line, wherever this can be done ; or when tl.ds is impracticable, at sucli location as approved by the Superintendent, so as to be easily k 458 Waterworks Department. Separate meter for each property own- accessible for reading by the meter readers and inspectors. The Su- perintendent shall see to the execution of this rule. Sec. 29. Property owned by separate parties will not be supplied with water except through separate meters, which must have an inde- pendent cut-off in the street, and in no case will it be allowed through same meter. When more than one rate is chargeable to the same land- lord, and afterwards part of the property is sold, the parcel sold must be disconnected from the supply and a separate meter put in. This rule applies to all parties heretofore using water under the same con- ditions, and disconnections must be made at once as above specified. Property under one ownership will not be allowed to pay a number of rates unless the same is adjoining. Sec. 30. A stop and waste cock, or cut-off valve, must be placed by the property owner at the property line, or at such point where the pipe leaves the street line; such cock or valve to be under the control of the tenant or owner, to be used in case of break or other necessity whereby pipes to be repaired can be cut off without the necessity of using the street corporation cut-off. This is not intended to take the place of the ordinary stop and waste cock located within the premises to be used to drain the pipes to prevent damage by freezing. As many additional stop and waste cocks as desired by the owner may be placed within the premises, to be used according to desire or convenience. Sec. 31. Water will not be furnished any premises where there is a delinquent bill, even though the water is supplied through a separate tap. All bills must be paid. Sec. 32. According to action of the Board of Water Commissioners at their meeting. May 18th, 1898, a uniform charge of fifteen dollars will hereafter be made for making all ordinary domestic taps for %-inch meters. This embraces all charge for running pipe to the property line on streets where property is located on city mains. When run to the property line, it will then be taken charge of by the owner of the property, who will place a cut-off at the point where the pipe leaves the street, to be used in case of accident or for repair of pipes beyond the cut-oft'. The meter will be supplied by the city and set upon the sidewalk in a suitable box, together with the City cut-off at the curb, said cut-off to be used only by the citv. Pipe and connections in the street, as well as meter and other fixtures, will be cared for by the city without expense to the consumer or owner of pro])erty. All fixtures within the premises mu>t be kept in reiinir by tlu' consumer or property owner. Sec. 33. Applications for water on streets having no city mains in front of the property to be sujjplied, will be granted and tlie tap made at the most available ])lace, and the pipe run to the curb of street on which the tap is made, at which point it Avill be taken charge of by the applicant and run to the desired ])oiiit. Openings should bo Making new taps for prop- erty abutting: on mains. Making new taps for prop- erty not abut- ting on city mains. Waterworks Department. 459 left in pipe on sidewalk in front of property to be supplied, where meter will be set by the city in suitable box, together with cut-off to be used by the city. Sec. 34. Applications granted for private pii)e in the street will private pipes be furnished with a city cut-off where the tap is made, between whicli '" ^^^^^^' cut-off and the main the pipe will be cared for by the city ; beyond said cut-off the pipe must be kept in repair by the owner of the private pipe. Applications for taps on private pipe will only be granted upon written consent of the owner of such pipe, which must be filed at the Water- works office. The work of tapping and making connection to private pipe will be done by plumber as heretofore. The city charge on private pipe will be the same amount as charged for tapping the main. When mains are afterwards run on such streets, connections will be changed from private pipes into the mains without additional charge. Sec. 35. Where meters are condemned, a change of connection for %-inch size meter will be made for a charge of ten dollars ($10). A comiemned new meter will be furnished by the city and placed upon the sidewalk ^n. file? in a suitable box with the necessary connections. Xo charge for repairs or other work will thereafter be made. The meter, meter box and connections in the street other than private pipes, being the prop- erty of the city, will be kept in repair without charge. Sec. 36. For making taps and furnishing meters larger than Larger than %-inch size, the following prices will be charged : For % inch $ 19 GO ( % inch) For 1 inch 37 90 (1 inch) For 11/2 inch 50 00 (1 1/0 inch) For 3 inch 65 00 (3 inch) For 3 inch 135 00 (3 inch) For 4 incli 350 00 (4 inch) For 6 inch 500 00 (6 inch) Prices named in above list will be charged for replacing condemned meters of sizes named. Sec. 37. For making taps to supply property beyond the city lim- its, in addition to the regular charge for tapping, the time and all S?^ limits" material furnished must be paid for by the applicant, and the water bill for the first twelve months paid at double the city rate, whether water is used or not ; the water rates being payable monthly as done by city consumers. Sec. 38. In no case shall a discount be allowed on water bills other Discount on than by vote of the Board, except as follows : ''■•''*^'' ''"'"• The Superintendent, or in his absence, the Secretary, shall have ' power by written order, whether the ten days limit has expired or not, temporarily to allow rebate or discount in the following cases only, and 460 Water woiJKS Departmext. in no case shall the same be allowed by the clerks or accounting officers of the Department without such written order or approval, namely : a. Where the Water Department, its officers or employes, has by some mistake, error, or omission, caused the delay or excessive charge as the case may be, or has materially contributed to such cause. h. Where the consumer has in good faith mailed or sent the money or checks, as the case may be, for the payment of his bills, on or before the close of office hours on the 10th of each month, or on the 11th if the 10th be Sunday, and in time for the remittance to reach the Water- works office before the office closes, or where the consumer or his rep- resentative tenders payment on the last day whilst the Waterworks office is still open, but the Tax Collector's office has been closed. c. Where the bill is very excessive, caused by a leak without fault in the consumer, and the same has been repaired and certificate of the plumber making repairs is presented with report of the inspector, certifying to the leaks, a reduction of one-half the excess may be tem- porarily allowed. All such reductions and allowances made under the amended rule by the Superintendent or Secretary, shall be provisional merely, and shall be reported to the Board at its next meeting and subjected to approval or disapproval by a vote of the Board. This rule shall not interfere with the right of any consumer to appeal to the Board, either in cases above stated or in any other where such consumer may deem himself entitled to relief. Sec. 39. The application for a connection to the water mains must bear the signature of the owner of the property to be supplied. Appli- cation made by tenant will not be considered. One three-quarter inch tap will be allowed to each city front or street number, and if more than one tap is desired, the expense, or cost of the additional tap or taps must be paid by the owner of the property. Sec. 40. Should any person use water without the knowledge of the Waterworks authorities, and afterwards it should in any way come to their knowledge, that water has been used, a bill will be made against the premises for the time the water has been used, or for the quanity shown to have been used by the meter, and the water cut off and not turned on till the bill is settled. Xo premises will he sn])plied with water that has not a meter in the service pipe. Sec. 41. The water will not in any instance be turned on to any II of per- house Or premises until the plumber returns the permit to the water office, upon the reverse side of which he must specify in full the various fixtures he has put in, also the location of the stop-cock by which the occupant of the premises may shut off the water. Under no circum- stances are plumbers, or any other persons than the Waterworks author- ities, allowed to turn on or off the water. When it is desired to discon- tinue the use of water, notice must be given at the water office, and Signature of property o\v er on all ap plications. Water used without knowlecl§:e of Waterworks Department. Waterworks Department. 461 bills will be made and water rents collected until the water is shut off at the corporation cock. Sec, 42. Water being shut off at the stop and waste or by the own- er, does not relieve the premises from paying water rent. Bills will ^^^^^'' ™* "^' be collected until the Waterworks office is notified in writing or in per- son to shut the water off. Sec. 43. The minimum monthly rate to any consumer is eight}' (80) cents for 800 cubic feet or less; 800 cubic feet is equal to 6,000 sumere. ° *^°" gallons.. A discount of twenty-five (25) per cent, will be allowed on bills paid by the 10th of the month. Consumers who take advantage of the discount will then pay ten (10) cents, net, per 1,000 gallons, or sixty (60) cents per month. Sec. 44. Manufacturers will be charged the regular domestic rate ^ " Manufacturers' of $1.00 per 1,000 cubic feet for water up to and including 10,000 cubic lates. feet. Water in excess of this amount will be furnished in the follow- ing quantities for prices named below : 10,000 cubic ft. for $10.00 and excess at $0.95 per 1,000 cubic feet. (75,000 gallons.) 20,000 cubic ft. for $19.50 and excess at $0.90 per 1,000 cubic feet. (150,000 gallons.) 30,000 cubic ft. for $28.50 and excess at $0.85 per 1,000 cubic feet. (225,000 gallons.) 40,000 cubic ft. for $37.00 and excess at $0.80 per 1,000 cubic feet. (300,000 gallons.) 50,000 cubic ft. for $45.00 and excess at $0.75 per 1,000 cubic feet. (375,000 gallons.) 60,000 cubic ft. for $52.50 and excess at $0.70 per 1,000 cubic feet. (450,000 gallons.) 70,000 cubic ft. for $59.50 and excess at $0.65 per 1,000 cubic feet. (525,000 gallons.) 80,000 cubic ft. for $66.00 and excess at $0.60 per 1,000 cubic feet. (600,000 gallons.) 90,000 cubic ft. for $72.00 and excess at $0.55 per 1,000 cubic feet. (675,000 gallons.) 100,000 cubic ft. for $77.50 and excess at $0.50 per 1,000 cubic feet. (750,000 gallons.) 120,000 cubic ft. for $87.50 and excess at $0.45 per 1,000 cubic feet. (900,000 gallons.) Manufacturers will be charged for all water in excess of 120,000 cubic feet at rate of forty-five cents per thousand cubic feet. The regular discount of 25 per cent, will be allowed if paid on or before the 10th of the month following the month of consumption. 462 Waterworks Department. Net amount rate when paid on or be Sec. 45. When manufacturers take advantage of the discount the fore loth 10,000 cubic ft. for $7.50 and excess at $0.71.25 per 1,000 cubic feet. (75,000 gallons.) 30,000 cubic ft. for $14.62.5 and excess at $0.67.5 per 1,000 cubic feet. (150,000 gallons.) 30,000 cubic ft. for $21.37.5 and excess at $0.63.75 per 1,000 cubic feet. (225,000 gallons.) 40,000 cubic ft. for $27.75 and excess at $0.60 per 1,000 cubic feet. (300,000 gallons.) 50,000 cubic ft. for $33.75 and excess at $0.56.25 per 1,000 cubic feet. (375,000 gallons.) 60,000 cubic ft. for $39.37.5 and excess at $0.52.5 per 1,000 cubic feet. (450,000 gallons.) 70,000 cubic ft. for $44.62.5 and excess at $0.48.75 per 1,000 cubic feet. (525,000 gallons.) 80,000 cubic ft. for $49.50 and excess at $0.45 per 1,000 cubic feet. (600,000 gallons.) 90,000 cubic ft. for $54.00 and excess at $0.41.25 per 1,000 cubic feet. (675,000 gallons.) 100,000 cubic ft. for $58.12.5 and excess at $0.37.5 per 1,000 cubic feet. (750,000 gallons.) 120,000 cubic ft. for $65.62.5 and excess at $0.33.75 per 1,000 cubic feet. (900,000 gallons.) Sec. 46. Manufacturers' rate for water in excess of 120,000 cubic Manufactur- ^ j. kpi,-,o- for • ers' rates for ^^^'^ ULlUg J.01 . mTOO°cubic 1.000 cubic feet $0.45 gross, $0.33.75 net. *^"^^- (7,500 gallons.) 2,000 cubic feet $0.90 gross, $0.67.5 net. (15,000 gallons.) 3,000 cubic feet $1.35 gross, $1.01.25 net. (22,500 gallons.) 4,000 cubic feet $1.80 gross, $1.35 net. (30,000 gallons.) 5,000 cubic feet $2.25 gross, $1.68.5 net. (37,500 gallons.) 6,000 cubic feet $2.70 gross, $2.02.5 net. (45,000 gallons.) 7,000 cubic feet $3.15 gross, $2.36.25 net. (52,500 gallons.) 8,000 cubic feet $3.60 gross, $2.70 net. (60,000 gallons.) 9,000 cubic feet $4.05 gross, $3.03.75 net. (67,500 gallons.) Watehwokks Department. 463 10,000 cubic feet $4.50 gross, $3.37.5 net. (75,000 gallons.) Sec. 47. Manufacturers' rate beyond city limits is fifty per cent. iMs- rates he- more than the manufacturers' rate within city limits. iti. Sec. 48. Should a meter be out of order, and upon inspection it is found that it can be repaired, the cost of new parts only are charged Repairs in to the owner or occupant of the premises. All the other expense, the time and labor of mechanics, is paid by the Water Department, and the repairs are made by men who thoroughly understand the construc- tion of water meters, and who do nothing else. No expense is in- curred, only such as is absolutely necessary. I STREET RAILWAY FRANCHISES. Grants to Atlanta and Chattahoochee River Railway Com- pany, and the Collins Park and Belt Rail- road Company. Atlanta and Petition of Atlanta and Chattahoochee River Railway Com- pany FOR Use of Certain Streets. To the Honorable Mayor and General Council of the City of Atlanta: The petition of the Atlanta and Chattahoochee River Railway Com- pany respectfully asks for permission to lay its tracks in and upon the River ^RaHwr f ollowiug strccts in the City of Atlanta, viz : Commencing at or near ^°- the corner of Walton and Broad streets, in the City of Atlanta, running thence along Walton street to Spring street, thence along Spring street to Luckie street, thence along Luckie street to Alexander street, thence Broad along along Alexander street to Marietta street, thence along Marietta street sirring"' Luckie, ^^ Joncs avcuue, thence west along Jones avenue to Gray street, Mariettl^'^jones Whence north to Kennedy street, thence west along Kennedy street to KenTed ^nd' J^ckson or Hubbard street, thence along Jackson or Hubbard street liJJdts"^ *° to city limits ; also commencing at Bartow street, on Walton street, and running down Walton street to Cain street, thence west along Cain street to Magnolia street, thence west along Magnolia street to Haynes street,- thence north along Haynes street to Jones avenue. Your petitioners ask six months within which to commence work. Your petitioners also desire the privilege of running street cars over said lines of road when constructed to be propelled by either dummy engines or electricity as your petitioners may desire. W. AsBURY Baker, Acting Secretary. report of committee. Favorable. Power used, electricity — to be subject to all laws now of force or that may hereafter be made for the government of street Grant and conditions. car Companies in the city. The city reserves tlie right to determine Feb. 19, 1891. when a double track, or two different tracks shall be )nit down in any portion of the streets hereby granted, also the right to condemn any portion, or all, of the track along any of the streets hereby granted for the purpose of allowing other street railroad companies to get into Street Railway Franchises. 465 the central part of the city. That the city shall have the full power to control the manner of placing tracks on Jones avenue bridge, and to pass such laws in reference to the running of cars across said bridge as may be necessary to regulate the same for the different street car companies crossing the same; also the right to grant other street rail- road companies the right to cross said bridge. The within named com- pany shall pay for all belgian blocks or rubble on any street along its route the same as is now required of other street railroad compa- nies, that is, between the tracks and for three feet on the outer sides, where there is macadam there shall be put belgian blocks as above re- quired; that where there is no permanent improvement the street to be kept in such condition as is required of other street railroads in the city ; that the work shall be commenced in earnest in three months, and prosecuted to completion in not exceeding twelve months; the Mayor and General Council to determine as to the faithful compliance of said company with the terms of this grant; all rights forfeited on failure to comply. [ Petition, of the Atlanta and Chattahoochee Eiver Eailway Company. To the Honorable Mayor and General Council of the City of Atlanta: The petition of the Atlanta and Chattahoochee Eiver Eailway Com- pany respectfully asks a right-of-way for its line of road twenty (20) i^:,;^^^;, ^^^'^ feet wide and extending from the northeast corner of the lands known as the "city's dumping grounds" on the south side of the Mason and Turner's Ferry Eoad and running west along the south side of said Mason and Turner's Ferry Eoad to the northwest corner of said dumping grounds near Proctor's creek. Said strip of land to be used not only as a right-of-way for your petitioner's railroad, but as a pub - lie road, and for the purpose of widening said Mason and Turner's Ferry Eoad. Your petitioner has condemned a strip of land (20x1100) twenty feet wide and about eleven hundred feet long, lying on the south sid^f^°''^j^^^\°J of the Mason and Turner's Ferry Eoad and immediately west of said ll^^J^ ""''*■' dumping grounds, which land can also be used for the purpose of widening said Mason and Turner's Ferry Eoad. If the City of Atlanta is not willing to grant your petitioner's request as hereinbefore stated, then your petitioner asks that it be allowed to extend its road over the city's land, commencing in front of Mr. Elliott's house at the bend of the road and extending west within twenty-five (25) feet of the center of the public road to the Elliott property near Proctor's creek. If the City of Atlanta is not willing to allow your petitioners the use of the land without compensation, then your petitioner asks that 466 Street Eailway Fkaxchises. an assessor be appointed on the part of the city lo fix and assess tlie damages done to said property by reason of building petitioner's road over said strip of land, your petitioner hereby selecting G. 0. Williams of said City of Atlanta as its assessor, who, together with snch assessor as may be chosen by said City of Atlanta, shall select and choose a third assessor, who shall, after being duly sworn, assess and fix the amount of damages to be paid by your petitioner to said City of Atlanta. Your petitioner requests that a special meeting of the City Council l)e called that this matter may be passed upon immediately, inasmuch as your petitioner has only a few more days within which to complete the construction of its road and will have to complete the road at this point in order to ship material out over the road to its own power plant and bridges. And your petitioner will ever pray. C. J. Simmons, Pres. A. and C. River Railway Co. r.^ f[^' REPORT OF THE COMMITTEE. Acceptance. Fob. fl, ISO-J The foregoing petition having been referred by the General Council of the City of Atlanta to the undersigned committee with power to act, and the committee, having examined the premises, report as follows : Petitioner to be given the right-of-way for a roadbed for its railroad through the dumping ground of the city, alongside the Mason and Turner's Ferry Road as prayed for, to be used for railroad purposes only, and to l)e subject to the control of the city by ordinance, resolu- tion or order as to grades and other regulations just as if within the city limits, and on condition, also, that petitioner or its assigns shall, when required to do so by the City of Atlanta, open and grade a road thirty (30) feet wide along the south side of the roadbed of petitioner s roadbed from the curve in the road in front of E. R. Elliott's to the Elliott property on the east side of Proctor's creek, said road to be graded through the city's property. Atlanta, Ga., January 9th, 1893. The grant of the right-of-way through the dumping ground of the .City of Atlanta as petitioned for by the Atlanta and Chattahoochee River Railway Company is accepted, subject to the conditions specified in the foregoing report. C. J. Summons, Pres. A. and C'. River Railway Co. Heiital of .Tones avei biidse. Rental of Jones Avenue Bridge The rental to be ])aid by the Collins Vi y)any for the right to cross Jones avenue I two hundred dollars per annum, the same stallments in advance. and Belt Railroad Coni- ne is fixed at the sum of be I aid in monthly in- Street Railway Franchises. 467 The said rental shall not begin until the first day of January, 18!)7, the owners l)ein«- allowed to use said bridge free of charge until that period. The City Attorney and the Mayor shall prepare and have executed contract to be . , , / • 1 -1 1 1. fxecuted. the necessary contract with the owners oi said railroad company to „^.^ 23, i896. carrv out the terms of this resolution. Petition of Collins Park and Belt Railroad Company for Use OF Parts of Walton and Peachtree Streets. To the Honorable Mayor and General Council of tlte City of Atlanta: The petition of the Collins Park and Belt Railroad Company re- spectfully asks : That it be permitted to extend its line of road from p^^.^j^^^ ^^^^ its present terminus at the corner of Forsyth and Walton streets in Oct. 27, 1897. the City of Atlanta, Georgia, down Walton street to Peachtree, and along Peachtree street to the old Artesian Well; and that it be per- mitted to double track said line from Forsyth street to its terminus at the old Artesian Well. Inasmuch as Mr. Grant is occupying at least one-half of the street in front of his building on Walton street, if your Honorable Body should grant this petition, petitioner desires to lay the eastern track immediately, or within a reasonable time, and then when Mr. Grant removes the obstruction from the street that petitioner be permitted to put down the other track. If your Honorable Body should decide against allowing petitioner to put down a double track, then petitioner prays the privilege of putting down a single track, w^th the privilege of putting a double track at the terminus of the road so as to have a place where cars can be placed, allowing one of the ears to proceed from that point without having all the cars in advance of it to proceed at the same time. In other words, petitioner has no place for shifting cars 'south or east of its crossing on Marietta street, and it desires the privilege of having a place for shifting its cars located near the center of the city. If the city should decide not to grant petitioner the right to double track said street, tlien petitioner desires the right to put down a single track as soon as petitioner can be allowed to occu])y the street. And petitioner will ever pray. Collins Park and Belt R. R. Co., By C. J. Simmons, Pres. Collins Park and Belt Railroad Company Granted the Use of Part of Walton Street. Your committee on Electric and Other Railways has had the within [foregoing] petition under advisement and recommend that petitioners 468 Street Railway Franchises. Ado ted Feb ^^ allowecl to lay a single track, to be used for electric street railway a^' roved ^Veb P^^poses oiily, in the middle of Walton street from their present ter- 25, 1898. minus to Peachtree street, ten feet west of property line on west side, the work to be completed within twelve months from this date. (This 21st day of February, 1898.) The Collins Park and Belt Railroad Com f any Granted the Use of Certain Streets for Street Railway Purposes. REPORT of the COMMITTEE. To the Honorable Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Railroads, to whom was submitted the petitions of the Collins Park and Belt Railroad Com- pany, to construct, electrically equip and operate the lines of railway in said petitions stated, beg to report that it has given the same the fullest consideration. That it has held repeated open sessions at which the representatives of the Collins Park and Belt Railroad Company and the Atlanta Railway and Power Company, and of the Atlanta Railway Company, were heard; besides the representatives of citizens interested in the territory affected by such routes, and after the fullest discussion and the most careful consideration, your Committee reports as follows : Favorably, that authority and consent be given to the Collins Park and Belt Railroad Company, its successors or assigns, to construct, electrically equip and operate its single or double street car tracks on the following routes, viz : Commencing on Oglethorpe avenue at the corner of Ashby street, run- Prom Ogle- uiug tliencc along Ashby street to Park street, thence along Park street thorpe along /-. p Ashby, Park, to Lee street, thence along Lee street to Greensierry avenue, thence ferry, Chest- aloug Grceusferry avenue to Chestnut street, thence along Chestnut Chapel, Elliott street to Fair street, thence along Fair street to Chapel street, thence Mitchell and aloug Chapcl street to Elliott street or Mangum street, thence along Elliott street or Mangum street to Mitchell street, thence along Mitchell May use street and across Mitchell street viaduct to Madison avenue, using the Mit*cheirand doublc tracks of the Atlanta Railway and Power Company, or the At- on Whitehall, lauta Railway Company, or both said companies along Mitchell street, except on said viaduct, and there on the tracks of the City of Atlanta, in the same manner and upon paying compensation therefor to the Atlanta Railway Company and to the Atlanta Railway and Power Company for the use of their respective tracks on Mitchell street west of Madison avenue, as provided in the ordinances granting said com- panies the right to lay said tracks, and upon paying to the said City of Atlanta the rental hereinafter specified in quarterly installments, for the use of said viaduct ; thence from the corner of Mitchell street and Street Railway Franchises. 469 Madison avenue, along Mitchell street to Whitehall street, thence along Whitehall street to its terminus at Whitehall street crossing, with the right to condemn upon just compensation, for the purpose of reaching the center of the city, the use of, and such interest as is necessary to the use of the double tracks of the Atlanta Railway and Power Compa- ny on Mitchell street, between Madison avenue and Broad street, and on Whitehall street between Mitchell and Alabama streets, in accord- ance with the reservations made by the City of Atlanta in its ordinances allowing these railroads to be electrically equipped, the Mayor and General Council adjudging that the necessity for such condemnation now exists. The tracks to be laid by the Collins Park and Belt Railroad Com- pany on Mitchell street, between Broad street and Whitehall street, to be double tracks, and it to lay a single track on Whitehall street be- tween Hunter and Alabama streets and to change the location of the single track of the Atlanta Railway and Power Company on Whitehall w^^teha°ii! street between Hunter and Alabama streets, condemning the right to |o°™iiroad^™^ use said single track as above provided, so that the tracks shall be ^™t™'j.^^^,V. laid as double tracks and be equally distant from the sidewalk, except ^'" on curves at corners. The track on Whitehall between Alabama and the railroad to be single or double, at the option of the Collins Park and Belt Railroad Company, until the viaduct is built or contracted for or begun, when the tracks on the portion of the street to be covered by the viaduct shall be removed by the company at its own expense, or if not removed in twenty (20) days after notice, then by the city at the expense of the company. And if the City of xA.tlanta should determine not to build a viaduct over the railroad crossings on White- hall and Peachtree streets between Alabama and ^Marietta streets, and the crossings at grade of said Whitehall and Peachtree streets by the tracks of the railway company or companies should be removed, obvi- ated or overcome by other means than a viaduct, through the action of the State, the city or the railway companies, or any one or more of said parties, so that it would be practicable to operate street cars through this portion of Whitehall and Peachtree streets without cross- ing the railway tracks at grade, then the tracks of the company on the portion of Whitehall and Peachtree streets between Alabama and Ma- rietta streets shall be removed by the company, to the extent necessary Removal by to allow change of street grades, at its own expense, or if not removed ar^fs^'expense. in twenty (20) days after notice, then by the city at the expense of the company. Also to construct, electrically equip and operate a line of double • . , •/ 'it F™'" limits or single track railway, commencing at the city limits on Decatur along Decatur, street, thence along Decatur street to Howell street, thence along How- Auburn to ell street to Auburn avenue, thence along Auburn avenue to a connec- tion with the line of the Atlanta Railway and Power Company on 470 Stheet Kailway Fkaxchises. May use tracks on Peachtree to Edgewood. Peachtreet street, with the right to condemn the ii>e of. and such an interest therein as may he necessary to the use of, the double tracks of said Atlanta Railway and Power Company on Peachtree street, be- tween Auburn avenue and Edgewood avenue, upon the payment to them therefor of just compensation ; the City of Atlanta in its grant of franchise authorizing the consolidating of the franchises of the Atlanta Street Railroad Company and other street railroad companies, and the electrical equipment of the lines of said com])anies, havinir reserved the right to permit other street railroad companies to con- demn and use said tracks in case of necessity, and the Mayor and Gen- eral Council of the City of Atlanta hereby adjudging the existence of such necessity of condemnation in the present case, thence along Peachtree street from the connection with said tracks, the interest and use in which shall be condemned as aforesaid, to its terminus at the railroad crossing, subject to the condition as to removal of tracks hereinabove stated with reference to Whitehall street near the viaduct or railroad crossing. Also, to construct, electrically equip and operate a line of railway commencing at the terminus of its present line on Walton street across Peachtree street to Edgewood avenue to a connection with the line last above granted. Also, to construct, electrically equip and operate a line of single or double track railway, commencing at the city limits on Juniper street, thence along Juniper street to North avenue ; tlienee along Xorth avenue to Courtland street; thence along Courtland street to Pine street ; thence along Pine street to Piedmont avenue ; thence along Piedmont avenue to Baker street; thence along Baker street, crossing the tracks of the Atlanta Railway and Power Company at Courtland street, to Ivy street ; thence along Ivy street to Decatur street ; thence across Decatur street diagonally to Loyd street, and along Loyd street to Wall street; thence along Wall street to Peachtree street; provided. the consent of the State of Georgia and the lessees of the Western and Atlantic Railroad shall he obtained by said company before construct- ing or operating a line on Wall street ; with the right to change the location of the existing single track of the Atlanta Railway and Power Company on Pine street, between Courtland street and Piedmont axc- nue, and the track and curve on Courtland street at Pine street, and on ]*iedmont avenue at Pine street, so tliat tlie Colliiis Park and licit Railroad Company may lay its track on said streets; and each of said two tracks on said streets shall be ciiually distant from the sitU'walks. except at corners, the tracks to be such a distance a))art as is usual with double tracks, and to be used by both companies lor switching as double tracks. If said Collins Park and Belt K'ailroad ("onipany sIimII build said line as a double track line, then it is granted the use and such interest as is necessary tor the use of said track of said Atlanta From Walton across Peach- tree to Edge- wood. From limits along Juniper, North avenue, Courtland, Pine, Pied- mont, Baker, Ivy, Decatur and Loyd to Wall — also along Wall, if state and W. & A. Rail- road lessees, consent. StKKET l^AIIvWAY F){AXCinSKS. 471 Eailway and Power Company as a part of its line, in order to reach the center of the city, upon first paying compensation to said Atlanta Railway and Power Company therefor, such condemnation being; necessary to permit the Collins Park and Belt Railroad Company to reach the center of the city with said line. Also, to construct, electrically equip and operate a line of single or double track railway, commencing on Luckie and Hunnicutt streets : ,'!^;",'"jjj"„"g"'' thence along Luckie street to Alexander street, cvumecting at Alexan- A^exandlr. der street with the present lino of the Collins Park and Belt Railroad Company. Also, to construct, electrically equip and operate a line of single or double track railway, commencing at the city limits on Pulliam street; ll^,'^'^ Pulnam, thence along Pulliam street to Dodd avenue ; thence along Dodd ave- ^n^cf'^Loyr'to^ nue to Loyd street ; thence along Loyd street to Mitchell street, con- Hunt'er,^ °and necting with the line hereinafter granted to the Collins Park and Belt eirof^Hmue?" Railroad Company along Mitchell street. If said company is forced ^° ^^'"tciiaii. to use the alternative route on Hunter street, then the Collins Park and Belt Railroad Company is granted the right to extend this route to Hunter street, and make its connection there, as above; with the right to change the single track of the Atlanta Railway and Power Company on Loyd street, from Fair to Mitchell or Hunter streets, as it may I)o Iniilt. so as to allow the laying of the track of the Collins Park and Belt Railroad Company on said street ; thence along Mitchell or Hunter to Whitehall street; the said tracks to be equally distant from the sidewalk, excepting at curves at corners, and to be laid in the same manner as double tracks. If said Collins Park and Belt Rail- road Company shall build said line as a double track line, then it is granted the right to condemn the use, and such interest as is necessary for the use, of said track of said Atlanta Railway and Power Company as a part of its line, in order to reach the center of the city, upon first paying compensation to said Atlanta Railway and Power Company therefor, such condemnation being necessary to permit the Collins Park and Belt Railroad Company to reach the center of the city with said line. Also, to construct, electrically equip and operate a line of single or double track railway, commencing at Grant Park at the corner of From l. p. Cherokee avenue and Augusta avenue ; thence along Augusta avenue along- Aut^sta to Grant street ; thence along Grant street to Woodward avenue ; woodward'ave- thence along Woodward avenue to Capitol avenue ; thence along Capi- "veAue.Tapi- tol avenue to Capitol Square ; thence along Capitol Square to Mitchell Mitcheli'^'to street; thence along Mitchell street to Loyd street, connectine: with the °' ' line above granted, with the right to change the location of the existing track of the Atlanta Railway and Power Company on Capitol avenue, between Woodward avenue and Fair street, so as to allow the laying of the track of the Collins Park and Belt Railroad Company on said 472 Street Eailway Franchises. street ; the said tracks to be equally distant from the sidewalk, except- ing at curves and corners, and to be laid in the same manner as double tracks. If said Collins Park and Belt Railroad Company shall build said line as a double track line, then it is granted the right to condemn the use, and such interest as is necessary for the use, of said track of said Atlanta Railway and Power Company as a part of its line, in order to reach the center of the city, upon first paying compensation to said Atlanta Railway and Power Company therefor, such condemnation being necessary to permit the Collins Park and Belt Railroad Com- pany to reach the center of the city with said line. In the event the building of the above line along Mitchell street shall l)e prevented by injunction, the alternative right is given to construct, U)"] avmue^and elcctrically equip and operate said line from the corner of Capitol ave- ak)ng° cfpitoi' nue and Capitol Square, along Capitol avenue to Hunter street ; thence tJ™a"nd*HOTtei- aloug Hunter street to Whitehall street, connectino: with the line above to Whitehall, gpanted on Whitehall street, with the right to change the location of the existing track of the Atlanta Railway and Power Company on Hunter street, between Capitol avenue and Pryor street, so as to allow the laying of the track of the Collins Park and Belt Railroad Company on said street; the said tracks to be equally distant from the sidewalk, except at curves at corners, and to be laid in the same man- ner as double tracks. If the said Collins Park and Belt Railroad Company shall build said line a double track line, then it is granted the right to condemn the use, and such interest as is necessary for the use, of said track of said Atlanta Railway and Power Company as a part of its line, in order to reach the center of the city, upon first paying compensation to said Atlanta Railway and Power Company therefor, such condemnation being necessary to permit the Collins Park and Belt Railroad Company to reach the center of the city with said line. The Collins Park and Belt Railroad Company, its successors and $500 rental foi assigus, shall pay as rental for the use of the Mitchell street viaduct Mitchell street, five hundred ($500.00) dollars per year, payable in installments of num^ for eacii ouc-f ourth of Said sum at the end of each quarter after beginning the use of said viaduct. This payment shall be made in full for the use of said viaduct by said Collins Park and Belt Railroad Company, so long as it operates not more than ten cars on its lines over said via- duct. For every car over ten so operated, it, or its successors or as- sign's, shall pay said city at the rate of fifty ($50.00) dollars per year, during the continuance of such operating. Extra ears on special occa- sions to go free. 'No purchase or sale by the Collins Park and lu'lt Railroad Com- pany, its successors and assigns, of any of its lines, or of the lines of any other street railway company, shall work a consolidation of these lines so as to reduce the nniinnl rental to he ])aid to the City of car over ten. Consolida- tion not to reduce rental? Street Railway Franchises. 473 Atlanta by either of said companies for the use of tracks over this viaduct required to be paid by each of said companies as separate com- panies or lines. Payment to be secured by bond with good security, in the sum of one year's rental, and the city to have the right to require other and additional security, from time to time, in the discretion of the Mayor and General Council, either to secure the payment of said rental, or for the indemnifying said city against loss on account of judgments or suits for damages to persons or property, resulting from the operation of the cars or machinery of said company, or its suc- cessors or assigns. In case of failure on the part of said Collins Park and Belt Eailroad Company, or its successors or assigns, to pay any such installment of rent when due, the right of said company, or its reli'taL'' o? da^m- successors or assigns, to cross said viaduct with its cars and machinery oPviaduct."^^ shall immediately cease; and the same result shall follow the failure or refusal of said company, or its successors or assigns, to pay ofE any judgment or decree against the City of Atlanta for damages resulting from the operation thereon of the cars or machinery of said company, its successors or assigns, within ten days after the payment thereof by said city, and notice of such payment to said company, its successors or assigns. The amount of rental so stipulated is intended to be the price exacted by the city, and paid by said Collins Park and Belt Eailroad Com- pany, its successors or assigns, for the annual use of the tracks across said viaduct, while the present system of applying electricity as a motor for street cars is in use, and for a period not exceeding fifty years, after which time the City of Atlanta may increase the rate of annual rentals; said company, its successors or assigns, to be at no expense for keeping the track in repair while the viaduct stands and is in con- dition for such use. Notice of any necessity for repairs to be given the city in writing by the company, its successors or assigns, which feels'^ must be shall not run cars over the tracks on said viaduct while in an unsafe fricks not' u^sed condition. But the City of Atlanta is not to be bound to rebuild said """^ '^^p^^'^^- viaduct in case of its destruction, or when it is worn out ; nor is said city not bound City of Atlanta to be bound to adjust said viaduct or tracks to newer discoveries in the use of electricity, nor to bear any expense on that account; nor to be bound for damages to persons or property injured by said company, its successors or assigns, in the use of said tracks in any event, but in every such case the damages are to be paid by the company, its successors or assigns. The city reserves the right to let other railway componies pass over said viaduct and use said Mitchell street, without affecting the rental qtiier compa- to be paid by the Collins Park and Belt Railroad Company, its sue- vi!du™t^^on"^^ cessors or assigns, for the use of said viaduct ; such further permission, """ however, to preserve to the Collins Park and Belt Railroad Company, its successors or assigns, the use of said viaduct as herein granted, as 474 Street Kailway Franchises. Jong as it complies with the terms of this grant, and not beyond the period covered thereby, and such use by the Collin-^ Park and Belt Railroad Company, its successors or assigns, not to be exclusive. These grants of power and authority are made on the conditions hereinafter named. In addition to the conditions hereinafter prescribed and those here- Aii former con- toforc prescribed in general ordinances, as to the regulation of the Sd^ *■''' laying of tracks and conduits, the setting of poles, stringing of wires, regulating the speed of cars and other running and supervisory regu- lations, the taxing of the property of street railway companies, the levying of occupation taxes, and the levying and collection of assess- ments for street paving, repaving and rejiairs. and all similar require- ments now existing or which may be liereafter made by the cliarter or ordinances of said city, the right is expressly hereby reserved in favor of said city and against the Collins Park and Belt Railroad Company, its successors and assigns, for the city to require and enforce the pay- ma!v\rtax?ed mcut of a portiou of the gross receipts of said companv, its successors rjer^cent.*'"''" Or assigus, from fares for carrying passengers, not exceeding, during fir exph-ation' the life of thcsc grants, which is fixed at fifty years from the date of ap- Ma.r2?*i89i proval by the Mayor, five (5%) per centum annually of such receipts, ConsoMafed into the trcasurv of said city, for its use, from and after the date of the street Railway g^p- ^.j^^-^j^ ^f ^j^g grauts made to or for the use of the Atlanta Consoli- dated Street Railway Company, which were approved on the twentieth day of May, 1891, which payment from gross receipts shall be in addi- tion to all other taxes and assessments wliich may then be required of said company, its successors or assigns. The amount of such percentage so to be paid to be fixed by the Mayor and General Council, or governing authority of the City of Atlanta ; but no such payment shall be required unless at the time the same shall be likewise required, and payment thereof enforced, from the Atlanta Railway and Power Company, their other compa- succcssors or assigns, and all other persons, firms or corporations own- pay same tax ing or Operating street railways or street railway lines within tlu' lim- ceip^ ""' its of the City of Atlanta, as to which the City of Atlanta can tlicn legally enforce the requirement of a payment into the City Treasurv of a percentage of gross receipts from fares, as hereinabove provided for. Wherever any of the lines above granted conflict with any grant heretofore made by the Mayor and General Council, which grants are Previous grants ■ " - , . . , -. ,.,•, to Atlanta now ratified and adiudged to be valid and subsisting grants, and still Railway Co. .jo i ■ i i • i • i preserved for jn forcc, this grant is made witliout i)re)U(li('e to the rights winch saui six months. " n- 'n i i d i i> i i /> former grantees have; and saul ( olliiis l^irk and belt Kailrt)a(l t oin- pany, its successors or assigns, by accepting any of th(> grant- herein, thereby recognizes the validity of said grants to the Athmta K'aihvay Company, and is not to undertake to l)iiil(l on any street which was embraced in tlie grant to the .Atlanta Railway Company, of date Oe- Street Railway Fhaxchises. 475 tober 19, 1898, for the term of six months after the approval by the Mayor of the grants herein given, except as to such streets and parts of streets where the right to allow other companies to run on, or to use the tracks of said Atlanta Railway Company, is reserved in said grant ; as to these streets or parts of streets, the Collin? Park and Belt Rail- road Company, its successors or assigns, may proceed at once to build its lines ; provided, that if it shall so build any of these excepted por- tions of the routes granted to the Atlanta Railway Company, the rights of the Atlanta Railway Company, its successors or assigns, shall not be affected thereby. Should the City of Atlanta determine to erect a viaduct or bridge across the Whitehall street crossing, which can be used by vehicles, the right to use said viaduct for its street cars, on tracks to be laid by jia^n vTaduc-n^' the city thereon, is hereby granted to the Collins Park and Belt Rail- mMo^ ^^' road Company. In consideration whereof, and the grant of these franchises, the Collins Park and Belt Railroad Company, its success- ors or assigns, will pay, on the letting of a contract to build such via- duct, to the City of Atlanta, the sum of fifty thousand ($50,000.00) dollars, which will be in full of all future rentals on said viaduct by said company, its successors or assigns ; and the sum of fifty thou- sand ($50,000.00) dollars is hereby made a charge upon all of the lines of the said Collins Park and Belt Railroad Company, its suc- cessors and assigns, which may be built under this grant, superior to all other charges, except taxes^ and may ])e enforced against the same by the said City of Atlanta, by proper legal or equitable proceedings. Should the citv fail, or not desire, to lav said tracks on said viaduct, , " - If grade cross- the Collins Park and Belt Railroad Company, its successors or assigns, ins: obviated J^ • ' o must pay shall have the right to do so, and to use the same; the original cost •'?5o,ooo. thereof to be in part payment of said fifty thousand dollars. The said Collins Park and Belt Railroad Company, its successors or assigns, shall be at no expense for keeping the track in repair while ^'^^^^^^ J^*^"^?;. the viaduct stands and is in condition for such use. N"otice of anv "^"^^ '" repairs • upon notice. necessity for repairs to be given the city in writing by the company, its successors or assigns, which shall not run cars over the tracks of f,^^%"^f,/"„„. said viaduct while in an unsafe condition. ■''^^■ But the City of Atlanta is not to be bound to rebuild the said via- duct in case of destruction, or when it is worn out, nor is the said city not bound City of Atlanta to be bound to adjust said viaduct or tracks to newer 1° coSm"?o discoveries in the use of electricity, or to bear any expense on thai ,"rin ule°o7" account, nor to be bound for damages to persons or property injured ''^'"^^""^y. by said company, its successors or assigns, in the use of said track? in any event ; but in every such case the damages are to be paid by the company, its successors or assigns. The city reserves the right to allow other railway companies to pass over said viaduct, and to use nies^ma'>°'^se" Peachtree street, from Auburn avenue south, and Whitehall street, Mme"'"t*erms, 476 Street Railway Franchises. May also use tracks of this company Ma- rietta to Ala- bama, but to pay rentals. $50,000 to be paid city for privilege of using streets from Marietta to Alabama where grade crossing obvi- ated. Other compa- nies may use this portion of streets named on same terms. from Alabama street south to Mitchell street, and the tracks of said Collins Park and Belt Railroad Company thereon, in order to reach said viaduct ; such permission, however, to preserve to the Collins Park and Belt Railroad Company, its successors and assigns, the use of said viaduct and said streets, as and for the period herein granted, so long as it complies with the terms of this grant ; such use, however, not to be exclusive. And in the event said city shall permit any other com- pany to use such viaduct and the tracks thereon, the same shall be upon the condition that the company so using shall be required to pay an equal amount to that required to be paid by the Collins Park and Belt Railroad Company, or the equivalent of said sum, in annual rental to the City of Atlanta, of five per centum per annum on fifty thousand dollars, and a proper sum for the use of said tracks on Peachtree and Whitehall streets, between Auburn avenue and Mitchell street, as aforesaid; the amount to be fixed by the Mayor and Gen- eral Council. Said sums collected for the use of said viaduct to be paid to the City of Atlanta for its use, and sums collected for the use of its tracks to be paid to said Collins Park and Belt Railroad Com- pany, its successors and assigns, for its or their use. In the event that no viaduct is built on Whitehall and Peachtree streets, covering the railroad tracks between Alabama and ^larietta streets, but the crossing at grade of said streets by the railroad tracks is obviated, removed or overcome, through the action of the State, the city or the railroad companies, or any one or more of these parties, so as to make it practicable for street railway cars to be operated over this portion of Whitehall and Peachtree streets, without crossing rail- road tracks at grade, said Collins Park and Belt Railroad Company, or its successors or assigns, shall pay to the City of Atlanta the sum of fifty thousand ($50,000.00) dollars for the privilege of constructing and connecting tracks and operating street cars on those portions of Whitehall and Peachtree streets, which sum shall be in full of rental for this portion of said streets forever, and the said sum of fifty thou- sand dollars is hereby made a charge on all the lines of the Collins Park and Belt Railroad Company, its successors and assigns, which may be built under this grant, superior to all other charges, except taxes, and may be enforced against the same by the City of Atlanta by proper legal or equitable proceedings. The city reserves the right to allow other railway companies to pass over these portions of these streets, and to use Peachtree street from Auburn avenue south, and Wliitehall street from Alabama street south to Mitchell street, upon the payment to the City of Atlanta by said other companies, or each of said other companies, of the same sum of fifty thousand ($50,000.00) dollars for such use, or upon the payment of annual rentals, which shall he ('(|iiival('iit to five per centum (5%) per annum upon said sum of lifty tliousaiul dollars, and upon Street Railway Franchises. 477 the payment to the Collins Park and Belt Railroad Company, its suc- cessors and assigns, of just compensation, to be fixed by the Mayor and General Council, for the use of their tracks on Whitehall street be- tween Mitchell and Alabama streets, and on Peachtree street be- tween Marietta street and Auburn avenue. The said Collins Park and Belt Railroad Company, or its successors or assigns, shall begin the building of the lines herein granted within ?|^'i^ ^^^l^' four months from the approval of this grant, and shall complete said ["omjl'lte^ln lines within twelve (12) months after the approval of this grant, ex- ^Yul'^lxc'^pUons cept the time lost in consequence of legal delays occasioned by litiga- "'""'''^■ tion against said company, its successors or assigns, shall not be counted as against said company as to the lines affected by such delays, and except as to such lines as may be affected by prior grants to other companies, such time shall run from the expiration of such grants. The style of the rail to be used by said company, in making said Rails approved extensions, shall be subject to approval by the Committee on Electric Raiirold^com- and Other Railways, and shall be changed by said company at its own chan^ed^ when expense, when the paving or repaving of a street, or portion of a opinio"V" street, or the safety of the street, requires it, in the judgment of said *^°'"™' committee. And the erection by said company of its trolley wires and other work un- other construction and appliances for operating its cars shall be done vfsion. ^ ""^^ under the supervision of the Committee on Electric and Other Rail- ways and the Committee on Electrical Control, and shall be done wholly at the expense of said company. And the trolley system may be discontinued, as provided for in the grants to other street railways, may be discon- The city reserves the right to prescribe location of poles, wires and dangerous. tracks, and to require the change of such location when necessary, in the discretion of the Mayor and General Council, at the expense of the company. Said Collins Park and Belt Railroad Company to take the privi- leges herein granted, subject to all laws and ordinances now in force, to present and and which may hereafter be enacted or ordained, regulating the build- ordinances. ing and operating of electric street railways or the crossing of bridges, in said city, and especially with reference to speed, etc., on bridges and elsewhere in said city. The grant of privileges herein made is subject to the condition that the Collins Park and Belt Railroad Company shall pay to the City of paving, " repav- Atlanta, for itself and abutting property owners, the value of all bel- ?f eleven feet gian blocks or other pavements on the streets occupied by it under this streets. grant for the width prescribed by law, the value of such paving to be ascertained and fixed by the Mayor and General Council, and the same to be a first lien and charge upon the tracks so laid on such streets until such sum is paid, which said payment shall be made for each route before the paved street is opened or occupied. This grant is made on the further condition, also, that the said "CTNIVFIRSITY 478 Street Kailway Franchises. Pay propeitv Collins Park and Belt Railroad Company, and its successors or Tnd occupation agsigns, sliall be liable for taxes on its property and for occupation taxes on its business, as other taxable property in said city is taxed, and as other street railway companies are, or may be, required to pay occupation taxes, and shall also pay assessments for paving and repay- ing streets and portions of streets occupied by the tracks of said com- pany, made under the authority of the charter of said city, as now existing or hereafter amended. This grant is made on the further condition, also, that the City of Atlanta reserves the right to condemn such portions of each and all of Right reserved ggid Hncs, not exceeding five (5) blocks at anv one place, as may be to condemn five "^ „ , i, r in in -i i- blocks at any neccssarv in the iudgment of the Mayor and (jeneral Louncu tor one place on ■ ' - . ' , n i ^ l- v i-\ all these lines allowing; othcr street car companies to enter the central portion ot the for approaches ° . i/(ii-t>i it:jH- to central per- ^ity, upou payment of just compensation to the C ollms 1 ark and _neit Eailroad Company, its successors or assigns. This grant is made on the further condition that the charge for fare for a sinde passenger, from anv point on the lines of said company to Fares not to & i e ' - i • i • , i i • -j. p ,1 exceed 5 cents, ^ny other point on the lines of said company, withm the limits ot the City of Atlanta, as now or hereafter defined, shall not exceed five (5) cents, except on cars that may be run after midnight and before five o'clock a. m., for which fares for single passengers, as aforesaid, shall not exceed ten cents. This grant is made on the further condition that the City of At- Poiice reguia- ^^^^^ Tcserves the right, under its police power, to make and enforce, eJTforceT^ ''^ ^^0™ ^"^^^' ^^ time, all needful regulations concerning the manner of the' use of tracks when they cross each other, and where two or more companies use the same tracks, or use parallel or double tracks at the same point in the same street or streets. This grant is made on the further condition that said Collins Park and Belt Railroad Company, before beginning to do any work under fSred!'""*^ these grants, shall execute a bond in the sum of forty thousand ($40,000.00) dollars, payable to the City of Atlanta, with security to be approved by the Mayor, conditioned for the payment of said sum of forty thousand ($40,000.00) dollars as liquidated damages resulting in favor of the City of Atlanta against said Collins Park and Belt Raili'oad Company, its sureties, successors and assigns, upon the fail- ure by said C'ollins Park and Belt Railroad Coini)any, its successors or assigns, to l)uil(l each and all of tlic lines of railway (Icscrihed in these grants, within the time limited thei-ein, cxcciit thai failure to huild any one or more of the-e lines resultiiti:' Irom injunction against said company, its successors or assigns, or resulting from the fact that anv one or more of said lines shall Ik- huill hv any cnmpany having a prior grant to the same route, shall not make said company, its successoi-s or assigns liable in damages as |o the lines, the huihling of which is thus prevented. Street Eailway Fraxchises. 479 dition, also, that the fact that they are made to the Collins Park and ^^^^3°'^^^'^. Belt Eailroad Company, its successors or assigns, shall not be con- strued so as to authorize the sale of these grants, or any of them, in ad- vance of the building of the proposed lines, or any of them, except ^^^21, im. such as the company, or its successors, may be prevented from build- concurred in ing by injunction, or the exercise by other companies, or another com- fg"^!"*' ^'' panv, of the rifflit to I)uil(l anv >iu-h line or lines under grants of prior Approved au- date to these grants. Rust 23, 1399. Modification of Grant of August 23, 1899, to Collins Park and Belt Railroad Company. .Resolved, That the grant made to the Collins Park and Belt Eail- the line of street railway on Luckie street, between Alexander street ^'"^'''^ streets. and Hunnicutt street, nor on Pine street, Piedmont avenue or Baker street, mentioned in said grant ; and that the time within which it Extension of • shall be bound to commence or complete its line on Juniper street, t^^eghi To'' ^ Xorth avenue or Courtland street, shall not begin to run until it shall sai"d*s7relts" have been granted and have accepted a route connecting the proposed line on said three last named streets with its accepted lines, and that ^""'^ modified. the $-tO,000.00 bond, required In- said first named grant, be condi • 41-° 2!'is99.''*°" fioned to build the lines (other than the ones above named) on the oXbirl '" streets designated therefor, or such other streets as may, with the con- Approved octo- Fent of the city, be substituted therefor. ' ^" ^' '^^^• The grant first above named, and all of the terms, to remain un- ehanged, except as hereby modified. Grant to Edwin P. Ansley. The Use of Certain Stiseets Granted to Edwin P. Ansley. report of committee. To tJie IlonorahJe Maj/or and General Council of the Citij of Atlanta: Your Committee on Electric and Other Railroads, to which was referred the iietition of Edwin P. Anslev for certain street railway ^"®'^-^' ^^" ^ . .7 Line. franchises, which petition and an amendment thereto are herewith submitted, resjiectfully reports thereon as follows: Favorably, that authority and consent be granted said Edwin P. Ansley, his associates and successors, to construct, electrically equip and operate a street passenger railway on, along and over the routes 480 Street Kailway Franchises. Limits along Ashby, Greens- ferry, Holder- ness, Gordon, Grady, Ogle- thorpe, Gard- ner, Gordon, Glenn, Stewart avenue to lim- hereinafter stated, upon the conditions now and hereafter imposed hy the General Ordinances of the City of Atlanta, and also n])on the spe- cial conditions hereinafter named. Beginning at the intersection of Ashby street with the city limits, and running thence south along Ashby street to Greensferry avenue; (hence west along Greensferry avenue to Holderness street; thence along Holderness street to Gordon street; thence along Gordon street to Grady street; thence along Grady street to Oglethorpe street; thence along Oglethorpe street to Gardner or Evans street; thence along Gardner or Evans street to Gordon street; thence along Gordon btreet east one block to Lee street, with the privilege of moving the track of the Atlanta Eailway and Power Company from its present location in this block of Gordon street, and relaying it under the super- vision of the City Engineer, so as to allow said Ansley, his associates and successors, to lay a track beside it (the expense of such removal and relaying to be borne by said Ansley, his associates and success- ors) ; thence along Gordon street, from Lee street to Murphy avenue; provided, all the expense of changing the grade of Gordon street, where it passes under the rights-of-way of the Atlanta and West Point and Central of Georgia Eailway Companies, and, also, the street along- side the railroads and connecting with Gordon street, and all dam- ages resulting to the property of said companies, or other persons, from such changes of grade, shall be paid by said Ansley, his associates and successors ; thence from Murphy avenue along Glenn street to Stewart avenue, and thence along Stewart avenue to city limits. Also, beginning at the intersection of South Boulevard with the city limits ; thence along South Boulevard to Berne street ; the tracks of the Atlanta Railway and Power Company and of Ansley to be laid in the part of South Boulevard as double tracks; thence along South Boulevard to the right-of-way of the Georgia Railroad. The foregoing grants of authority and consent are made on condi- tion that said Ansley, his associates and successors, shall construct, equip and operate the said lines of electric street railways, subject to all existing laws and ordinances regulating the construction, equip- ment and. operation of street railways, and all such laws and ordi- nances applicable to these subjects as may be hereafter made. And on condition, also, that said Ansley, his associates and success- ors, shall begin work on each of the routes herein granted within four months, and complete the same within twelve months from the ap- proval of these grants. Without excluding any other subject of regulation by specifying some, it is specially stated that these grants are made on condition, also, that said Ansley, his associates and successors, shall pay for the paving, repaving and keeping in repair of eleven feet in widlli of (lie roadway of streets and parts of streets occupied by his or their tracks; Limits along South Boule- vard to Geor- gia railroad. Subject to present and future laws and ordinances Begin in four months and finish in twelve months. Certain condi- tions specified without ex- cluding others. Street Railway Franchises. 481 pay for the paving of eleven feet in streets already paved, before open- Adopted scp- ing them ; pay taxes on their property, as other taxable property is "member 6, 1899. taxed ; pay such occupation taxes as may be required ; pay required leptembM 9" rentals for bridges used by their tracks ; pay a percentage of gross ^^''''' receipts to the city, when also required of other street railway compa- ^^1^6^12, *^*'^' nies, and subject to regulation of fares within the limits of existing general ordinances. This grant is limited to thirty years. All material used and work done to be subject to approval by the Committee on Electric and Other Railroads and the City Engineer. 1899. Grants to the Atlanta, West End and McPherson Barracks Railway Company. Petittox of the Atlakta, West End and McPherson Barracks Railway Company for Permission to Construct a Street Railroad^ and to Occupy Certain Streets in the City of Atlanta. Atlanta, Ga., July 7, 1890. To the Honorable Mayor and General Council of the City of Atlanta: The Atlanta, West End and McPherson Barracks Railway Com- pany respectfully makes application for leave to occupy the following Alabama street, named streets for the purpose of constructing its road, laying its ^nh^ Forfnh tracks, etc., to-wit : Alabama street, from Broad street to Forsyth at AVindso^!^^ street ; thence along Forsyth street to intersection of Windsor street Gewlfa"^ ave- with Whitehall street; thence crossing Whitehall street and along avlAu^To^'"' Windsor street to Georgia avenue; thence along Georgia avenue to McDanlei'to McDaniel street; thence along McDaniel street to Rockwell street ; .Sum JhrL^^and thence along Rockwell street to Humphries street; thence along thcumul*^^* *" last named street to the city limits. The charter of the above named company has not yet been granted, but will be at the expiration of thirty (30) days. It is the intention of said company in good faith to begin the con- struction as soon as practicable after the charter is granted, and this application is made in order to expedite said work when the charter is granted. Said company desires the grant of said privileges under the same restrictions and with the same privileges, as to its occupancy of said streets, as are usually granted to street railroad companies in said city. Atlanta, West End and McPherson Barracks Railway Company, By B. F. Abbott, Attornev. (31) As to mot IV power. 482 Street Railway Fraxchises. AMENDilEXT TO PETITIOX, JULY 7, 1890. It is the purpose of the applicants to conform in all respects to the provisions of existing ordinances of the city on the subject, and to employ electricity as a motive power in running its cars, or they will use horse power, or compressed air, as may be deemed most practica- Fors fh 'to*™'" ^^^^- Petitioners also apply for leave to lay their track and operate Whitehall, and j-^gip j.qjj(J q^ Fair strcet, between Forsyth and Whitehall, over to the t'ooper to 7 i'. 7 Georgia ave- jxxnction of Coopcr strcct ; and also for leave to occupy Cooper street, from Whitehall to Georgia avenue, for same purpose, and respectfully ask that the necessary consent of the General Council be granted. This August 6, 1890. Atlanta, West End axd McPhersox Barracks Railway Compaxy, By B. F. Abbott, Attorney. REPORT OF committee. Your committee beg to report favorably upon the petition of the Atlanta. West End and McPherson Barracks Railwav Companv upon Reservation as . i . x to certain the following couditions : The city reserving the right to pass other to let other roads over the tracks of the said company between Broad and Mitchell companies use t p i i t i • t i them. streets, and if it should become necessary, m order that other lines Aug. 20, 1890. should get to the center of the city, the city to have the right to regu- late the running of cars so as to use the above company's tracks for cars going one way, and the Edgewood avenue company's track for cars going the other way; any electrical construction to be done subject to the approval of the Board of Electrical Control ; work to commence in good faith within fifty days, and to be completed within twelve months, or all rights are declared forfeited. This grant is made subject to all laws of force now or that may be hereafter enacted l)y the ]\Iayor and General Council. Petition of the Atlanta, West End and McPherson Barracks Railway to Construct its Road on Richardson Street to McDaniel Street, and along McDaniel Street to Georgia Avenue. To the Honorahle Mayor and General CouncU of the Citij of Atlanta: The petition of the x\tlanta. West End and McPherson Barracks Railway Company shows that in the building and constructing of its railway from and to the points mentioned in its cliarter, it is deemed advisable to change its route through the city, in respect to the streets to be occupied by it. It now desires leave and authority to build and operate its railway on Richard.^on street, from Coojjcr to McDaniel street; thence Street Railway Franchises. 483 along McDaniel street to Georgia avenue, and it respectfully asks that /rom^cooplr authority be given it to occupy said streets under such rules and regu- ^^"^^'^"ng'''^ lations as are prescribed by the ordinances of the city. ocS'^^avl'^ This petition is an amendment to the original filed and heretofore "'"'• granted in the matter. Your petitioner further shows that, under the original grant to it by the city, it was given fifty days in which to begin the work of con- struction. It has had the route surveyed, and is now going forward in good faith to begin active work on said road; but to the end that its arrangement may be entirely completed, it respectfully asks that the time may be extended in which to begin work on its line, say days in addition to the time originally granted. This September 15, 1890. Atlanta, West End and McPherson Barracks Railway Company, By B. F. Abbott, Attorney. REPORT OF COMMITTEE. Your committee beg to make a favorable report upon the within amended petition, subject to all rules, regulations, restrictions and ^''^- ^^' ^^^°- reservations under which the original franchise was granted on August 18, 1890. Petition of the Atlanta, West End and McPherson Barracks Railway Company for the Right to Occupy Glenn, Ocmul- gee. Wells, Whitehall and Peters Streets. To the Honorable Mayor and General Council of the City of Atlanta: The iVtlanta, West End and McPherson Barracks Railway Com- pany respectfully petitions your body to grant it the right to occupy oiJ^n^'^'ocmui^ the following named streets, in addition to the streets already applied fnd Peters^ to for, to-wit: From McDaniel street along Glenn street; thence along Ocmulgee street across or along Wells street to Whitehall street; thence along Whitehall street across the Central Railroad into Peters street; thence along Peters street to the city limits. These streets are desired for the purpose of building, constructing and operating its electric railway, as set out in its original and amended petition under its charter. It prays that the right to use and occupy said streets may be granted under the provision of the ordinances of said city. And your peti- tioner will ever pray, etc. Atlanta, West End and McPherson Barracks Railway Company, By B. F. Abbott, Attornev- 484 Street Railway Franchises. Your committee recoiiimeud the granting of the within amended petition of the Atlanta, West End and McPherson Barracks Railroad, Oct. 23, isDo. giibject to all the reservations, limitations and regulations of the origi- nal petition granted August 18, 1890. McDaniel street. Nov. 20, 1S9(). Petition op the Atlanta, West End and McPherson Barracks Railway Company for Permission to Occupy McDantiel Street, from Rockwell Street to the City Limits. To the Honorable Mayor and General Council of the City of Atlanta: The Atlanta, West End and McPherson Barracks Railway Com- pany respectfully petitions your body for the right to use and occupy McDaniel street; from Rockwell street, the point to which the city has already granted privileges, to the city limits, for the purpose of laying the track of its electric railway, and running and operating the same, and prays that authority be granted it to occupy said street under the rules and regulations of the city on the subject. This Xovember 3, 1890. Atlanta, West End and McPherson Barracks Railway Company, By B. F. Abbott, Attorney. Your committee recommend the granting of the within petition, subject to all regulations and reservations as cited in the original peti- tion, granted August 18, 1890, and the abandonment of all streets not occupied. Petition of the Atlanta, West End and McPherson Barracks Railway Company to Occupy Cooper Street, Hendrix Ave- nue, Pryor Street and to Cross Pryor Street, Ormond Street and out the sA:\rE to City Limits. To the Honorable Mayor and General Council of the City of Atlanta: The petition of Atlanta, West End and McPherson Barracks Rail- Richardson way Company respectful Iv asks permission to use and occupv the fol- alons? Cooper, ^ " . ■, ^ ^ Hendrix ave- lowHig named strccts for an extension of the line of said companv's nue and Or- , . ., i . inond to limits, clectric railway, to-wit: From Richardson street south along Cooper street to Hendrix avenue; tlience along Hendrix avenue to South Pryor street; thence across South Pryor street into Ormond street; thence east along Ormond street to the city limits. Your petitioner piMvs tlint the authority Ik rein asked may lie granted under the rules ami regulations governing siu'li applications; that this petition may be eonsidered in the liglit (»!' the original i)eti- Street Railway Franchises. 485 tion, placed before the body by your petitioner for leave to occupy streets, build and operate an electric railway in the streets of the city. This January 5, 1891. Atlanta, West End and McPitekson Barracks Railway Company, Bv B. F. Abbott, Attorney. Favorable, subject to the rules and regulations now of force govern- ing street railroads — subject to all the conditions of the original peti- jai tion, granted x\ugust 18, 1890. Work to be commenced by May 1, and completed by ,Tuly 1. 1891, or all rights forfeited. Grants to Atlanta Traction Company, and Atlanta City Street Railway Company. 23, Petition op Atlanta Traction Company for Certain Grants. To the Honorable Mayor and General Council of the City of Atlanta: Your petitioner, the Atlanta Traction Company, a corporation under the laws of Georgia, with main office in the City of Atlanta, respectfully applies for the right to extend its lines of electric street railway from its present terminus on Forsyth street, along said street to and across the Forsyth street bridge, and thence along North Forsyth street across Marietta street to the intersection of North Forsyth street with Peachtree street. Your petitioner shows that it has complied with the requirements of the ordinances of said city by advertising in the Atlanta Journal a notice of this application five (5) times before the meeting of this General Council. Atlanta Traction Company, By its Attorneys, Hines, Shubrick & Felder. report of committee. To the Honorable Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Railways, and on Bridges, submit the following report on the annexed petition of the Atlanta tion'co. Traction Company : Favoral)le, that authority and consent be given to said Atlanta Traction Company to extend its line of railway from its present ^^^.^^gg Forsvth terminus on South Forsyth street to connect with the railway tracks |n'd'^aion'*^^N belonging to the city on Forsyth street bridge, and for said company pegp^^Vree" to extend its lines from the northern end of said bridge along Xorth Forsvth street across Marietta and other intervening streets to the Atlanta Trac- i each car ovc ten. 486 Street Kailway Franchises. intersection of Forsyth and Peachtree streets, and to operate its cars over said bridge and such extensions, on the following conditions : 1st. Said Traction Company shall pay as rental for crossing For- syth street bridge, and using the city's railway tracks across said bridge, the siim of seven hundred ('$700) dollars per annum, payable ^d*$50 for"" ^^^ installments of one-fourth of said sum at the end of each quarter, after beginning the use of said bridge; which payment shall be in full for the use of said bridge by said Traction Company, so long as it operates ten (10) cars or less on its lines; every additional car in excess of ten (10) cars operated on its lines by said company, or its assigns, to be paid for at the rate of fifty ($50) dollars per car per annum. Extra cars on special occasions to go free. Payment to be secured by bond, with good security, in the sum of one year's rental, be the same seven hundred {$700) dollars or more, and the city to have the right to require other and additional security, from time to time, in the discretion of the Mayor and General Council, either to secure the payment of said rental or for the indemnifying said city against loss on account of judgments or suits for damages to persons or property resulting from the operation of the cars or machinery of said company, or its assigns. In case of failure on the part of said Traction Company, or it^< assigns, to pay any such installments of rent when due, the right of said company to cross said bridge with its cars and machinery shall imme- diately cease; and the same result shall follow the failure or refusal of said company, or its assigns, to pay off any judgment or decree against the City of Atlanta for damages resulting from the operation of the cars or machinery of said company within ten days after the payment thereof, by said city, and notice of such payment to said company. This rental of seven hundred ($700) dollars is intended to be the price exacted by the city, and paid by said Traction Company, or its assigns, for the annual use of the tracks across said bridge while the present system of applying electricity as a motor for street cars is in use; said company to be at no expense for keeping the track in repair vfhile the bridge stands and is in condition for such use; notice of any necessity for repairs to be given the city in writing by the com- pany, which shall not run cars over the tracks on said bridge while in an imsafe condition. But the City of Atlanta is not to be bound to rel)uil(l said bridge in case of its destruction, or when it is worn out ; noi- is said Cily of At- lanta to be bound to adjust said bridge or tracks to newer discoveries in electricity, nor to bear any expense on that account ; nor to be bound for damages to person or property injured by said company in the use of said tracks in any event; but in every such case the damages are to be paid by the company. Street Kailway Fraxchises. 487 The amount of annual rental so stipulated is to cover the use of said bridge, and the tracks thereon, by the said Traction Company, or its assigns, with their present lines of railway and any extensions thereof, which may be built or laid with the consent of the City of Atlanta, subject to increase for additional cars as aforesaid. But this annual rental is neither to cover the use of said bridge and the tracks thereon by any line of railway bought or leased by said Trac- tion Company, or buying or leasing said Traction Company, or in any way consolidating with said Traction Company. But in event of such purchase or lease by or from said Traction Company the rental to be paid for additional lines is to be thereafter fixed by the City of Atlanta. The City reserves the right to let other railway companies pass over said bridge and to use said Forsyth street, without condemning the nies may cross tracks of said Traction Company, for a rental at least as large as that less rentals, charged said Traction Company, and on like terms in all other respects, all of such rental to be payable to the City of Atlanta for its own use. The City of Atlanta also expressly reserves the right to terminate this contract upon giving twelve months' notice of intention to do so to said company, or its assigns, at any time after the expiration of twenty years from the' approval of this grant by the Mayor, if in the discretion of the Mayor and General Council said bridge shall then be found inadequate to accommodate travel by street cars and the people traveling over said bridge in other ordinary modes. But the city will not revoke or refuse to longer extend said franchise to said company, or its assigns, for the purpose of, or as a means to, securing a larger annual rental for said franchise. 2d. Before beginning work on Forsyth street, said Traction Com- pany shall pay to the city, for the use of the city and the abutting . real estate owners, the full cost of paving eleven feet in width of the roadway on North Forsyth street, from Marietta to Peachtree street, which amount is to be fixed by the estimation of the City Engineer; and afterwards said company to keep said space in repairs at its own expense as required by the city ordinances ; and said company is also to pay and hold the city harmless against damages done to person or property by the operation of its cars and machinery, whether from defective machinery, defective tracks on the bridge, or otherwise. 3d. The style of the rail to be used by said company in making said extension shall be subject to approval by the Committee on Electric ^'''^^■ and Other Eailways and the City Engineer. And the erection by said company of its trolley wires and other machinery for operating its cars shall be done under the supervision ^yj^.^^ of the Committee on Electric and Other Railways, and of the City Engineer, and shall be done wholly at the expense of said company : work on this extension to commence within thirty days, and be finished 488 Street Railway Franchises. within three months after the completion of said Forsyth street bridge. 4th. Said Traction Company to take the privileges herein granted, subject to all laws and ordinances now in force, and which may here- present and ^^^^^ ^^ enacted or ordained, regulating the building and operating or^ninces "^""^ of clectric street railways, or the crossing of bridges in said city; and especially with reference to speed, schedules, fares, etc., on bridges and elsewhere in said city. May 20, Petition of the Atlanta City Street Railway Company, Suc- cessor TO A. S. Seals et al., for Certain Changes in Fran- chises Heretofore Granted^ and to be Allowed to Construct A Street Railroad on Loyd, Ivy, Gilmer, Pratt, Wheat, HiLLIARD AND IrW^IN STREETS AND OUT IrWIN StREET TO THE City Limits. Atlanta, Ga., December 5, 1892. To the Honorable Mayor and General Council of tlie City of Atlanta: Gentlemen — The undersigned, the Atlanta City Street Railway Company, is the successor to W. I. Zachary, J. B. Zachary and J. R. Aionjr Loyd, Mcll, to whom you granted a franchise over certain streets in this Ivy, Gilmer, . ' J fe Pratf. Bell, City. The undcrsigncd has made a contract for building its line and iard and Irwin is iio^v at work, but it is desirous of making a few changes in the routa heretofore granted. The route now asked for is to start on Loyd street near the Markham House, run to Ivy, out Ivy to Gilmer, Gilmer to Pratt, Pratt to Wheat, on Wheat to Hilliard, Hilliard to Irwin, out Irwin to the city limits. Trusting this petition will be granted, we are respectfully, Atlanta City Street Railway Company, Per Aaron Haas, President. Atlanta, Ga., December 8, 1S92. lion. J. D. Turner, Chairman, etc.. City: My Dear Sir — Upon reflection it seems to me that in the hurry of \vriting the petition for the Atlanta City Street Railway, now in the hands of your committee, I made an error, leaving out Bell street; if such be the case it will leave a break in our route. I now repeat what we want, and ask that you make the petition conform to the following : starting on Loyd street near the Markham House, ninuing to Ivy, thence on Ivy to Gilmer, thence on Gilmer to i'l-all. theiuv on Pratt to Bell, thence on Bell to Wheat, thence on Wheat to Hilliard. thence on Hilliard to Irwin, thence on Irwin to city limits. Respectfully, Atlanta City STifKirr IJaii.wav Company. Per .\ai;()\ 1 Iaas. rrc^idcnt. Steeet Railway Franchises. 489 • REPORT OF COMMITTEE. The committee recommend that the former grant referred to in the attaclied petition of date December 5, 1892, be modified to make the line or route as specified in said attached petition of date Decem- '^^'' ' ber 5, 1892, and the attached communication of date December 8, 1892, subject to all the conditions and requirements of said former grant and to such other conditions and requirements as are of force relative to street railroad companies in this city. Petition of the Atlanta City Street Railway Company to Lay Single Tracks on Certain Streets, Relinquishing the Right to Certain Others. Atlanta, Ga., April 1, 1893. To the Honorable Mayor and General Council of the City of Atlanta: Gentle:\[en — Your petitioners, the iVtlanta City Street Railway Along Fair, r^ 11 1 1 1 1 T ,. • 1 ^°^^ ^"^^ Hill- Company, hereby petition your honorable body for permission to layjard to wheat. single tracks on the following named streets, to-wit : On Fain from Pratt to Fort, on Fort from Fain to Tanner, on Tanner from Fort to Hilliard, on Hilliard from Tanner to Wheat, and to equip and operate cars on said streets by electricity, notice of the above appli- cation having been duly advertised. If the above franchise is granted we will relinquish onr rights to a franchise on Bell street from Pratt to Wheat and on Wheat from Bell to Hilliard. *We ask this change because Mr. Hurt, president of the Consolidated, is very much opposed to our occupying Wheat street alongside of his line, our occupancy interfering with his plans for the future, and we have no desire to antagonize other car companies if it can be avoided. On account of the grade on other streets, the route we ask for is absolutely the only way we can avoid Wheat street. Very respectfully, x4.TLANTA City Street Railway Company, Per A. Haas, President. report of committee. On the annexed petition of the Atlanta City Street Railway Com- pany for })erinission to lay single track on Fain from Pratt to Fort, on Fort from Fain to Tanner, on Tanner from Fort to Hilliard, on •^•"•" ^^' '^^^■ Hilliard from Tanner to Wheat streets, your Committee on Electric and Other Railways respectfully report as follows : Favorable, that authority and consent be granted petitioner to lay single tracks on said streets, and to equip and operate cars thereon as 490 Street Railway Franchises. praj-ed for, subject to all the conditions annexed to the franchises heretofore granted said company for the line of which these streets, or the tracks thereon, are intended to form a part. This franchise is granted in lieu of the one granted on Bell street from Pratt to Wheat, and on Wheat from Bell to Milliard. A. S. Seals, et al. From Union Depot along Lovd, Ivy, Gi mer. Fair, Billiard, Gar- trell. Howell Wheat and Irwin and thence to De catur. Ga. Petition of A. S. Seals, J. R. Mell and W. I. Zachary to Build, Equip and Operate an Electric Street Eailw^at from At- lanta Eastw^ard to Decatur, Commencing at the Union Depot on Lotd Street, and to Occupy Loyd, Ivy, CIilmer, Pratt, Fain, Hilliard, Gartrell, Yonge, Daniel. Howell AND Wheat Streets, Etc. Atlanta, Ga., June 3. 1892. To the Uonoralle Mayor and General Council of the Citi/ of Atlanta: The petition of A. S. Seals, J. E. Mell and W. I. Zachary shows that they are forming a company to build, equip and operate an electric railroad from Atlanta eastward to Decatur, and that they desire for themselves, associates and assigns the absolute franchise and right to build said railroad along the following streets : Commencing at the Union Depot' on Loyd street, down Loyd to Ivy, Ivy to Gilmer, Gilmer to Pratt, Pratt to Fain at Bell street. Fain to Hilliard, across the block to the end of Gartrell street at Yonge,. Gartrell to Daniel, across the block to Howell, along Howell to Wheat, Wheat to Irwin, across Irwin under the R. & D. R. R., into the Stone Mountain turn- pike, thence on to Decatur. The petitioners ask that they be allowed six months, or other reason- able time, in which to begin work, and six months in which to have said road running. Clyde L. Brooks, Petitioners" Attornev. Petition of A. S. Seals, J. R. Mell and W. I. Zachary to Build. Operate and Electrically Equip a Street Railway, Co:\l- mencing at Union Depot on Loyd Street, and for Absolute Franchise on Certain Streets Named in the Petition. A. S. Seals, et al. Atlanta, IjA., June 11, 1892. To the Honorable Mayor and General Council of the City of Atlanta: The petition of A. S. Seals, J. R. Mell and W. I. Zachary shows that they petitioned your honorable body for the franchise and right to build an electric railroad over certain streets in the eastern part of the city. They desire to make a change in the route first proposed and desire for themselves and assigns the absolute francliisc ami right to Street Railway Fkaxchises. 491 build an electric railroad along the following streets : Commencing at ^^^^^ ^^p^^ Union Depot on Loyd street, down Loyd to Ivy, Ivy to Gilmer, Gilmer ^i^';^G^i°^f;_ to Fort, Fort to Irwin, Irwin to Turnpike, Turnpike to the city limits. and^'T^^pike This is to be an amendment and to attach to the original petition '° ^™'*^^- by said Seals, Mell and Zachary. Clyde L. Brooks, Petitioners' Attorney. REPORT OF COMMITTEE. To the Ilonorable Mayor and General Council of the City of Atlanta: On the petition of A. S. Seals, J. E. Mell and W. I. Zachary for the franchise and right to build an electric railroad over certain streets in the City of Atlanta, your committee, by direction, submit the fol- lowing report : Favorable, that authority and consent be granted to the al)ovo named persons to lay and maintain double or single tracks et ai. ' ^"^ *' along the following line or route, to-wit : Commencing at the Union Depot, in said city, on Loyd street, along Loyd street to Ivy street, aion^ Loyd? along Ivy street to Gilmer street, along Gilmer street to Fort street, Yok. irwin along Fort street to Irwin street, along Irwin street to Turnpike, and to limits!'" ^ along Turnpike to the city limits, and also to keep and operate said tracks with the overhead electric system for street railroads, on and subject to the following conditions, namely : L'^t. When the City of x\tlanta constructs a bridge across any street along the line of said proposed railroad, said petitioners, or the persons to bridges may or company owning and operating said railroad, shall be subject to assessment by said city on all the property and effects of said railroad for such proportion of the cost of building and maintaining any sucli bridge as to the Mayor and General Council of said city shall seem right and proper. 2d. Petitioners shall put the said streets so occupied in good con- dition, and keep them so for the width that is or may hereafter be required by ordinance. 3d. The rail to be used shall be subject to the approval of the . " ^ ^ Rails. electric light or other committee to whom the city may commit the same, together with the City Engineer. 4th. Should any permanent paving or other improvements allowed by city charter, or general law, be hereafter put down on any streets Paving, over which the privileges are hereby granted, whether permanently improved now or not, said petitioners shall be required to pave or im- prove, or pay their pro rata for the same, and a failure on the part of petitioners or their successors, or any person or company operating said road, to have their proportion of the work done as the work by the city on the other portions of the street progresses, or to pay for said work when the bill is presented for the same before the issuing of fl. fa. thereon, shall terminate all rights granted herein, and the right I 492 Street Railway Franchises. to maintain or operate said road for any purpose or bv any power shall be terminated by such failure. 5th. The work in good faith shall be actually commenced under ^jiij^, this grant within three months from the date of the adoption of this report, and the same shall be finished within twelve months from date, and this grant shall terminate if said work is not commenced on said line, or completed, within the time stated. (ith. Tlie right to condemn such portion of said line, not exceeding Five blocks ^^'^ blocks, as may be necessary for the allowing of other street car by^oTher°com^ companics to enter the central portion of the city is hereby reserved, panies. upon pa3'ment of a just compensation to said petitioners or their suc- cessors by such otlier company desiring the privilege. 7th. The operation of said street railroad by electric power shall Not interfere ^^ot interfere with tlie location of the city's lights in the center of the with lights. street, and permission is given for only one trolley wire, with necessary overhead curves, switches and turnouts over each line of track. Sth. It is understood that the motive power is to be applied by Trolleys. what is kuowii as the overhead single trolley system, to-wit, that now in use in Atlanta. 9th. The city reserves the right to have the overhead system changed, if the same should prove dangerous. 10th. All overhead construction to be under the supervision of the Mayor and General Council, through its appropriate committees. 11th. Should the petitioners, or their successors, build on any street which is paved with belgian block, rubble or othex" paving, then they shall pay for such privilege, as provided by charter and law, before occupying such street. 12th. The location of tracks, establishing of grades, rate of speed, Present and i ,i • i • i . future ordinan- sclicQules and othcr runumg and supervisory regulations shall be sub- Report adopted jcct to the Ordinances of the Mayor and General Council now in force, July 21, 189.S. or which may hereafter be adopted. Grants to Atlanta City Street Eailway Company to the Use OF Certain Streets. Upon the petition of the Atlanta City Street Railway Company for the use of portions of Ivy, Ellis and Church streets, your Committee En'is'Tnd°^ i^y- on Electric and Otlier Railways beg leave to report upon the petition Church streets, of the Atlanta City Street Railway Company for extension, as follows : Favorable, to extend its track on Ivy, from Gilmer to Ellis, on Ellis from Ivy to C-hurch, on Church from Ellis to Forsyth street. That permission be given to e(Hii|) its lines electrically, under all conditiiUis and re(|uireinents contained in the action of the City Council, giving .'^aid conii)any the right to lay its tracks as originally peiitioned for bv Street Railway Franchises. 493 said company; and subject, also, to such tax or charge for rental as the Mayor and General Council may impose in case the cars of said company, or cars using the tracks of said company, cross Forsyth street bridge. Said company shall pay into the treasury of the city the full cost of paving eleven feet in width of the parts of Ivy, Ellis and Church streets, to be occupied by its tracks, before occupying said streets; the ^Pg'^'"°2'^^'' 1^3; amount to be paid to be according to the estimation of the City En- gineer in each case, such payment to be for the use of the city and abutting property owners. Petition of the Atlanta City Street Railway Company for the Use of Certain Streets. State of Georgia, City of Atlanta. To the Honorable Mayor and General Council of the Citi/ of Atlanta: The petition of the iVtlanta City Street Railway Company showeth ^^ig^ta citv to your honorable body, that they desire to build and construct a line oompanv''^'"'''^ of road on the following named streets in said city, to-wit: Begin- ning at the junction of Irwin and Hilliard streets, running Hilliard street to Ellis, and along Ellis to Church, and along Church to For- and"Hiiirard syth street, connecting at said Forsyth street with the line of railroad ^\']?^ gS,*!' of the Atlanta Traction Company. Wherefore the premises consid-*° Forsjth. ered, your petitioner would pray that your honorable body grant to it a franchise in terms of the ordinance in such cases made and provided, to construct and operate its said line of street railway on the aforesaid streets. And your petitioner will ever pray, etc. Atlanta City Street Railway Company., By Aaron Haas, President, Petitioner. report of committee. To the IlonoraJjle Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Railways beg leave to report upon the petition of the Atlanta City Street Railway Company. Favorable upon annexed petition for said company to build and j^^.^^ j_.^^,.^ electrically equip a railway beginning on Irwin street, at junction Xli"'Hii[^rd of Irwin and Hilliard, in said citv, running on Hilliard to Ellis, on ehis! church' " ' ® to Forsyth. Ellis to Ivy, and thence on as heretofore granted. Said company shall pay into the treasury of the city the full costs of paving eleven (11) feet in width on such streets as have been paved, or that may liere- after be paved, with belgian blocks or other pavement. The permission herein granted is subject to all conditions and re- subject to con- quirements contained in the action of the City Council, giving said for'e°"impo'std.' 494 Street Kailway Franchises. Approved Sep- company the right to lay its tracks as originally petitioned for by ^^93- said company. Permissiox to Take Up Certain Track. Electric and Other Eailroad Committee report favorable upon the Atlanta City petition of Atlanta City Street Railway Company for permission to company^'^'^^^ remove their tracks from in front of the Markham House, along Loyd street to Decatur street, and to Loyd street along Loyd street, across tal/tra^ks^'^' Decatur street to Ivy street, along Ivy street to Gilmer street, Gilmer to Pratt, Pratt to Fain street, Fain to Fort street. Fort street to Tanner 17^^1896. ""^^ street. Tanner street to Hilliard, Hilliard to Irwin ; provided, the At- lanta Street Eailroad Company put the street in good condition, to be approved by the City Engineer. Grants to Atlanta Railway Company. The Atlanta Eailwat Given the Eight to Connect With Tracks of Atlanta Consolidated Street Eailroad Com- pany AT Corner Irwin and Jackson Streets. report of committee. Electric and Other Eailways Committee report favorable upon the \tianta Rail- Petition of the Atlanta Eailway Company, to connect their tracks with way Company. Atlanta Consolidated Company corner Jackson and Irwin streets ; Connect with provided, the tracks so laid is removed within twelve months ; if it Atlanta Con- ^ -^ ' at''jackson"a"nd remains longer, said Atlanta Eailway Company is to pay its proper tweive^°months ^^^^^^ ^^ ^^^^ value of paviiig, and also subject to all laws and ordi- \pproved Octo- ^^^^cs now in cffcct, or that may hereafter be adopted, governing and her 10, 1895. regulating streets railways. Perjniission Given Atlanta Eailway Company to LTse Certain Streets for Street Eailway Purposes. Be it ordained by the Mayor and General Council of the City of Atlanta Rail- Atlanta, That consent and authority is granted to the Atlanta Eailway way (ompany. ^Qj^-jpany, a corporatiou of said county, to construct and electrically equip and operate a loop of its railway lines extending along the tracks Loop on Ira, uow laid ou Ira street to Crumley street, then east along Crumley Cooper.^ ^^^ street to Cooper street, and to connect the same with the tracks of said company at the corner of Eichardson and Ira streets temporarily, for Street Kailavay Franchises. 495 the purpose of accommodating the spring and summer travel to Bris- bine Park, on the following conditions : (1). The Atlanta Eailway Company, in the construction and operation of said loop, shall be subject to all the laws and ordinances conditions, of the City of Atlanta, now of force or which may hereafter be passed. (2). Without impairing or lessening the scope of the first condi- tion, it is specified that the tracks of said company shall be laid to conform to the grades of the streets to be occupied by them, and located at such points in the roadway of the streets as may be designated by the City Engineer, acting under the supervision of the Committee of Ihe General Council on Electric and Other Eailways. The poles, wires and electrical equipment of said loop shall be such as shall be approved by the City Electrician, under like supervision of said committee. ( 3 ) . Said company, if it shall occupy any portion of a paved street with any part of said loop longer than the first day of October, 1896, shall pay into the city treasury the proportion of the expenses of Approved April paving such street required by the charter and ordinances of the City ^' ^^^^' of Atlanta for the use of the city and the owners of abutting prop- erty on the portions of such paved streets so occupied by the tracks of said company. (4). Said company shall be liable in, and promptly pay any, damages occurring to persons or property by reason of construction or operation of said loop as part of the line of street railway. Double Tracks on Forsyth Street. The Atlanta Eailway Company is allowed to lay double tracks on Forsyth street. Forsyth street between Church street and near Walton street. , November it, •^ 1896. Grants to Atlanta Eailway Company. The Atlanta Eailway Company is allowed to extend switch on Ellis street from Piedmont avenue to Courtland street. Also to extend f^'^^ ^sS', twitch West on Irwin street from Eandolph street to Bradley street. g°Xx Ivt*' Also to move switch on Cooper street to Eichardson street, between""®- Cooper street and Windsor street. Also to move switch on Hendrix Aprn°?4! isuv av-'^nue to Cooper street, between Crumley street and Georgia avenue. Double Tracks on Forsyth Street. The Atlanta Eailway Company is granted the right to double track south Forsyth its railroad on Forsyth street, between Alabama street, and a point T""^' ^ ' i Approved between Castleberrv and Fair streets. -'^p"1 24, 1897. 496 Street Railway Fraxchises. Grants to the Atlanta Railway Company to Use Parts of Mitchell, Davis, Magnolia, Chapel, West Fair, Chest- nut, Greensferry Avenue, Lee, Park, Ashby, East Mitchell, Capitol Avenue, Woodward Avenue, Kelly, Glynwood Avenue, Grant, Augusta Avenue, Cherokee Avenue, Church, Cain, Orme, Mills, Luckie and Hemphill Avenue. REPORT OF committee. Your Committee on Electric and Other Railways, to whom was sub- mitted the petitions of the Atlanta Railway Company to construct, Oct. 19, 189S. electrically equip and operate the lines of railway in said petitions way^com^ny. fctatcd, bcg to report that they have given the same the fullest consid- Preambie. cratiou ; that they have also held repeated open sessions, at which the representatives of the Atlanta Railway Company and of the Atlanta Consolidated Street Railway Company were heard, besides many citizens interested in the territory affected by such routes, the com- mittee having invited discussion and information from all parties at interest, and have also taken into consideration therewith, and as aifecting the same, the petition and amended petition of the Atlanta Consolidated Street Railway Company, for privileges over the Mitchell street viaduct and a part of the streets embraced in the petitions of the Atlanta Railway Company. Your committee has also personally inspected all streets, tracks, or points where the same were applied for by both companies, or where any objection or change of route had been suggested. After such consideration they report : 1. Favorable, that authority and consent be given to the said Atlanta Railway Company, and its successors or assigns, to construct, electrically equip and operate its street car tracks for the period of fifty years, and thereafter on such conditions as the City of Atlanta may then impose, on the following routes, viz : Commencing at the corner of Chestnut and Magnolia streets, running thence along Mag- nolia street to Davis street, thence along Davis street to Mitchell street, thence along Mitchell street to the Mitchell street viaduct, now in process of construction. Also beginning at the intersection of Cherry and Ashby streets, thence along Ashby street to Park street, thence along Park street to I^ee street, thence along Lee street to Greensferry avenue, tlience along (ireensferry avenue to Chapel street, thence along Cbapcl street to Haynes street,, thence along Haynes street to Mitchell sti-cct. llience as to both of these lines along Mitchell street to a coniUH'tioii w itlt tlu> tracks to be laid by the City of Atlanta on the viaduct now being con- structed on Mitchell street, with the right to use said tracks across said viaduct, '^^riic tracks to Ik' laid aloni;- Mitchell street in coiistniet- Grants — Mitchell and Magnolia street routes. West End route. Street Railway Franchises. 497 ing these lines to be a double track between Haynes street and the j,^^,,,^. ^^^^^.^^ west end of said viaduct, and to be operated as such; all of the east ■ ^^'J.g^'^'i'^^l'^. bound cars running- on the south track and all the west-bound cars "fructioTand on the north track. But this grant of the privilege to lay double "^''• tracks in Mitchell street between Haynes street and the west end of the viaduct is subject to the right of the Atlanta Consolidated Street Railway Company, if it so desire, to hiy one of these tracks, simul- taneously with the laying of one track between these points by the Atlanta Railway Company, its successors or assigns, in which case both of these tracks shall be operated by both of said companies, their successors and assigns, as a double track between these points. Also, to construct, electrically equip and operate double tracks from the east side of said viaduct to a connection with the city's tracks route* ^^^^ across said viaduct along Mitchell street, east, either to a connection with the tracks of the Atlanta Consolidated Street Railway Company on Mitchell street, with the right to condemn, upon just compensation to the Atlanta Consolidated Street Railway Company, the use of, and using the double tracks now occupied by said Atlanta Consolidated Street Railway Company on Mitchell street, between Forsyth and Madison avenue, and connecting the same with existing street car tracks of the Atlanta Railway Company on Forsyth street, and the line hereinafter authorized to Grant Park on Cherokee avenue, the City of Atlanta in its grant to Joel Hurt and others to consolidate the franchise of the Atlanta Street Railroad Company, the West End and Atlanta Street Railroad Company, and other street railroad com panics, and to electrically equip and operate the tracks on Mitchell Mitchell street, between the points named, having reserved the right to permit other street railroad companies to condemn and use said tracks in case of necessity, and the Mayor and General Council of the City of At- lanta hereby adjudging the existence of such necessity of condemnation in the present case, or to construct, electrically equip and operate its double— and double tracks along Mitchell street to the connections aforesaid and "se. connecting with the same; the said tracks so laid to have the outer rail of each track eight inches from the present outer rails of the tracks of the Atlanta Consolidated Street Railway Company, so that the rails of said companies will be eight inches apart, upon making proper compensation to the Atlanta Consolidated Street Railway Company for the paving heretofore paid for by said company, and for temporary interference with the tracks of said Consolidated company, the use of such tracks so to be laid by the Atlanta Railway Company, its successors and assigns, between Haynes street and Loyd street along Mitchell street, to be subject to be condemned at the pleasure of fcaid city, in order to allow other street car companies to reach and use said Mitchell street viaduct, or to reach the center of the city, upon payment of just compensation to the Atlanta Railway Company, its ten cars or less — $50 for each additional car. 498 Street Railway Fraxciiises. successors or assigns, by such other street railway companies, for the right so condemned, but this right to construct and use independent double tracks shall cease upon the successful termination of condemna- tion proceedings, to acquire the right to use the tracks of the Atlanta Consolidated Street Eailway Company, which condemnation proceed- ings the Atlanta Eailway Company shall immediately institute and press to termination. 2. Said Atlanta Railway Company, and its successors and assigns. Rental for "^^all pav as rental for crossing the Mitchell street viaduct, and using pe^r'^yea7to° the city's railway tracks across said viaduct, the sum of five hundred dollars per annum for the first ten years, seven hundred and fifty dol- lars i^er annum for the next ten years, and one thousand dollars per annum for the remaining thirty years. Said rental shall be payable in installments of one-fourth of said sum at the end of each quarter, after beginning the use of said viaduct, which payment shall be in full for the use of said viaduct by said At- lanta Railway Company, its successors and assigns, so long as it operates over the same ten cars or less on its lines ; every additional car, in excess of ten cars operated on its lines by said company, or its successors or assigns, to be paid for at the rate of fifty dollars per car per annum. Extra cars on special occasions to go free. But the pur- chase or sale by the Atlanta Railway Company, its successors and consoiida- assigus, of any of its lines, or of the lines of any other street railway reduce^'rentaK* Company, sliall 6ot work a consolidation of these lines so as to reduce the annual rental to be paid to the City of Atlanta by either of said companies for the use of the tracks over this viaduct required to be paid by each of said companies as separate companies or lines. Pay- ment to be secured by bond with good security in the sum of one year s rental, and the city to have the right to require other and additional security, from time to time, in the discretion of the Mayor and General Council, either to secure the payment of said rental or for the indem- nifying said city against loss on account of judgments or suits for damages to persons or property resulting from the operation of the cars or machinery of said company or its successors or assigns. In case of failure on the part of said Atlanta Railway Company, or its successors or assigns, to pav any such installments of rent when Effect of not • i - ^ -j •- paying rents, duc, the right ot Said Company, or its successors or assigns, to cross said viaduct with its cars and machinery shall immediately cease, and the same result shall follow the failure or refusal of said company, or its successors or assigns, to pay off any judgment or decree against the City of Atlanta for damages, resulting from the operation thereon of the cars or machinery of said company, its successors or assigns, within ten days after the payment thereof, by said city, and notice of such payment to said company, its successors or assigns. 'Pile aiiKHint of animal ri'iital so slii)ulaU'd is in[i'ii(hHl Id be the Street Railavay Fraxchises. 499 price exacted b}^ the city, and paid by said Atlanta Railway Company, its successors and assigns, for the annual use of the tracks across said viaduct while the present system of applying electricity as a motor for street cars is in use; said company, its successors or assigns, to be at no expense for keeping the track in repair while the viaduct stands and is in condition for such use. Jfotice of any necessity for repairs to be given the city in writing by the company, its successors or assigns, which shall not run cars over the tracks on said viaduct while in an unsafe condition. But the City of Atlanta is not to be bound to rebuild said viaduct in case of its destruction, or when it is worn out, nor i< said City of tJ rebuild °"" Atlanta to be bound to adjust said viaduct or tracks to newer discov- f'o"m^to°new"' cries in electricity, nor to bear any expense on that account, nor to electricity, be bound for damages to persons or property injured by said company, its successors or assigns, in the use of said tracks in any event ; but in every such case the damages are to be paid by the company, its suc- cessors or assigns. The amount of annual rental so stipulated, is to cover the use of said viaduct, and the tracks thereon, by said Atlanta Railway Com- pany, or its successors or assigns, with their present lines of railway, and any extensions thereof, which may be l)uilt or laid with the consent of the City of Atlanta, subject to increase for additional cars as afore- said. The city reserves the right to let other railway companies pass over said viaduct and use said Mitchell street, without affecting the rental nies may use . viaduct and to be paid by the Atlanta Railway Company, its successors or assigns, approaches on for the use of said viaduct ; such further permission, however, to street. preserve to the Atlanta Railway Company, its successors or assigns, the use of said viaduct as herein granted, so long as it complies with the terms of this grant, and not beyond the period covered thereby, and such use by the Atlanta Railway Company, its successors or assigns, not to be exclusive. • 3. Also favorable, that authority and consent be given to said At- lanta Railway Company, or its successors or assigns, to construct, electrically equip and operate the following additional lines of rail- ^^.^^^ p^^,,. way for the same period of fifty years, and thereafter on such condi- ^°^^^- tions as the City of Atlanta may then impose, to-wit: Beginning at the terminus of petitioner's present tracks at Grant Park, on what is known as Cherokee avenue, thence along Augusta avenue to Grant street, thence along Grant street to Glynwood avenue, or along Cher- okee avenue to Glynwood avenue, thence along Glynwood avenue to Kelly street, thence along Kelly street to "Woodward avenue, thence along Woodward avenue to Capitol avenue, thence along Capitol avenue to Capitol Square, thence along Capitol Square to Mitchell street, thence along Mitchell street to a connection with petitioners' 500 Street Railway Franchises. tracks on Forsyth and Mitchell streets, with the right to condemn that portion ol' the tracks of the Atlanta Consolidated Street Railway Com- pany lying on Mitchell street, between Broad and Forsyth streets ; the city having reserved the right to allow the condemnation of the tracks on this portion of Mitchell street in making the grant to Joel Hurt and others to consolidate the franchises of the Atlanta Street Railroad Company, West End and Atlanta Street Railroad Com- pany, and other street railroad companies, and to electrically equip and operate these tracks, in case of necessity, which necessity the Mayor and General Council now adjudge to exist in the present case, or to lay its tracks along Mitchell street between Broad and Forsyth streets tracte^^on™* to connections as aforesaid, witli its rail nearest the sidewalk eight fempmary°use. inchcs from the outer rail of the tracks of the Atlanta Consolidated Street Railway Company on said street, upon making just compen- sation to the Atlanta Consolidated Street Railway Company on account of pavements heretofore paid for by it, and for temporary interference with the tracks of said Consolidated Company, but this right to construct and use independent double tracks shall cease upon the successful termination of condemnation proceedings to acquire the right to use the tracks of the Atlanta Consolidated Street Railway Company, which condemnation proceedings the Atlanta Railway Com- pany shall immediately institute and press to termination. The tracks to be laid by the Atlanta Railway Company on Mitchell street between Broad and Loyd streets shall be double tracks. 4. Also favorable, that authority and consent l)e given to the At- lanta Railway Company, its successors or assigns, to construct, electric ■ ally equip and operate its line of railway for the same period of fifty years, and thereafter on such conditions as the City of Atlanta may then impose, commencing at the lines of petitioner on Church and Ellis streets, thence along Church street to Cain street, thence along- Cain street to Orme street, thence along Orme street to Mills street, thence along Mills street to Luckie street, thence along Luckie street to Hemphill avenue, thence along Hemphill avenue to the city limits, for the purpose of building their line to the new City Waterworks. The Atlanta Railway Company, or its sucessors or assigns, shall commence the building of all the lines herein granted within two months from the approval of this grant, and shall complete all the lines herein granted within. twelve months after the approval ol' this grant, except that time lost in consequence of legal delays shall not be counted as against said company as to lines affected by such delays, snd these routes are granted as a system and must be all constructed and operated in order to the operation of any of the lines covered by this grant. All tlic lines to l)e constructed to be sin i have the right railwav tracks now being constructed by the Atlanta Railway Com- to use one ^ o .; .' track on pany between the west end of the Mitchell street viaduct and Mangum Mitchell ^ •' ^ street via- op Havucs strcct at its intersection with Mitchell street, according as duct upon . " :> o certain condi- it first builds, in which event both of said companies shall operate the double tracks on Mitchell street between Broad street and said Man- gum or Haynes street as elected jointly, and all cars of either com- pany going west shall use the track on the north side of the street, and all cars coming east shall use the track on the south side of the street, between the points named; provided also, that said Atlanta Consolidated Street Railway Company shall not enjoy the right to acquire one of the tracks between the west end of the viaduct and Mangum or Haynes street, as aforesaid, except iii)oii compliance by said company with the conditions annexed to the grant this day made to it, requiring the dismissal of its bill of exceptions in the case of the Atlanta Consolidated Street Railway Company against the At- lanta Railway Company and the City of Atlanta touching the con- demnation and use of its double tracks on Mitchell street between Broad street and Madison avenue, and its appeal from the award of assessors fixing the damages to be paid to it by the Atlanta Railway Street Eailway Fkanchises. 505 Company for the use of its double tracks on Mitchell street between the points named. Sec. 2. All ordinances and ])arts of ordinances in conflict with Approved the foregoing- ordinance be, and the same are hereby repealed. ^'^'■- ^^' ^^^^• Grant to the Atlanta Railway Company to Use Simpson Street Instead of Church and Orme Streets. report of committee. To the Honorable Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Railroads report u})on the petitions of the Atlanta Railway Company as follows : Favorably, that authority and consent be granted the Atlanta Rail- way Company, its successors and assigns, to construct, electrically equip and operate lines of street railway as follows : To lay a single track from the intersection of Spring and Simpson •^ ^ , From Spring streets connecting with the Atlanta Railway and Power Company's and Simpson " •' i. J along Simpson Spring street line, and thence along Simpson street to Orme street, and to Orme. to connect there with the route heretofore granted the Atlanta Rail- way Company, October 19, 1898, and if this line is built and con- nected as aforesaid, said Atlanta Railway Company is relieved from J^ei'eyed from ^ •' r J building on obligation to build along Church street and Orme street to Simp- church and '^ . c? ^ Orme streets. son street. This grant is made subject to all the conditions specified in grants made to or for the use of the Atlanta Railway Company approved C""'^'*^'°"^- October 19, 1898, and of all previous and subsequent grants to said company, or to any of its predecessors in title, and subject also to all existing laws and ordinances regulating the construction, operation and government of street railways, and such as may be hereafter made ^^,g 25, 1399. applicable to the subject, and also to the further condition that these grants shall expire with the expiration of the grants to the Atlanta Railway Company approved October 19, 1898. 506 Street Eailway Franchises. Grants to Joel Hurt and A. A. Glasier^ Representing Cer- tain Lines Merged into the Atlanta Consolidated Street Railway Company, also Various Grants to the Atlanta Consolidated Street Railroad Company. On the petition of Joel Hurt and A. A. Glasier, representing the Consolidated. Atlanta Street Bailroad Compan}-, the West End and Atlanta Street Eailroad Company, the Gate City Street Eailroad Company, and the Fulton County Street Railroad Company, and the Atlanta and Edge- wood Street Eailroad Company, your committee report : 1st. Favorable, that authority and consent be given to the Atlanta Street Eailroad Company to lay and maintain double track> on Ma- etta and Deca- rietta street, from and across Peachtree street, and to connect with lines. ' the Decatur street line to the city limits, and to equip and operate the same with the overhead electric system ; also 2d. The Decatur street line of said company, from and across Peachtree street to its present terminus, and to double track said street within twelve months, and to operate the same with the overhead electric system; also that 3d. The Atlanta and Edgewood Street Railroad Company may lay and maintain a line of tracks upon and along the Boulevard from Boulevard line. Edgcwood avcuuc to Highland avenue, the same being an extension of the company's existing line of road, to connect with the Fulton County Street Eailroad's line on the Boulevard at Highland avenue ; also to lay and maintain a line of track as an extension of existing line into Inman Park and along Edgewood avenue, Hurt street, Euclid avenue and Elizabeth street back to the present terminus of the railway at Elizabeth street. Also that authority and consent be given to equip and operate the said tracks with the overhead electric system; and also for 4th. Atlanta Street Eailroad Company to substitute for the single track on Whitehall street a double track from the city limits to Ala- Doubie track ^^^^^ street, to construct and continue a double track along Alabama conMlr^^ ^^^ street to Broad street, to maintain the present single track along Edgewood ave- Broad street and across the bridge, to connect with the present electric railroads on Broad street and Edgewood avenue on the north side, and to equip and operate said tracks with the overhead electric system; $5,000 to be provided, that when the City of Atlanta builds a new bridee across paid towards . Broad street or ovcr the railroad on Broad street, said street railway companv cross- bridge. . .' r ^ mg or occupying said new bridge on Broad street is hereby required to pay in cash to the City of Atlanta tlie sum of live thousand ($5,000) Street Railway Franchises. 507 dollars, and shall pay its pro rata share to maintain or keep up said bridge so long as they occupy it. 5th. The street railroad company shall put the said streets so occu- pied in good condition, and keep them so for the width that is, or may ^*''^^* repairs. be hereafter, required by ordinance. 6th. The rail to be used shall be approved by the Electric Light ^aiis. and the Street Eailroad Committee and the City Engineer. 7th. Should any permanent paving or other improvements allowed by city charter, or any amendment thereof, or any general law passed p^''^"^- by the General Assembly of Georgia, be hereafter put down on any of the streets over which privileges are hereby granted, whether per- manently improved now or not, then the said companies shall be re- quired to pay their pro rata as may be required by city charter, or any amendment thereof, or any general law passed by the General Assembly of Georgia. 8th. Work in good faith shall be actually commenced within three months from the date of the adoption of the report on each of the lines Time, of street railroad covered by this grant, and the same shall be finished in twelve months from date. The grant as to any line shall stand forfeited as to that line if such work is not commenced thereon or completed within the time indicated. 9th. That the right to condemn such portions of said lines, not exceeding five blocks, as may be necessary for the allowing of other may be con- street car companies to enter the central portion of the city is hereby reserved, upon payment of just compensation to the company. 10th. The change to electric motive power shall not interfere with the location of the city's lights in the center of the street, and per- Lights not in- . . . . p T 1 terfered with. mission IS given for only one trolley wire with necessary overhead curves, switches and turnouts over each line of track, it being under- stood that the motive power is to be applied by what is known as the overhead single trolley system, to-wit, that now in use in Atlanta. 11th. That the citv reserves the right to have the overhead svstem ^, _ ^ " '^ •' Changre system. changed if the same should prove dangerous. 12th. x\ll overhead construction to be under the supervision of the Mayor and General Council, through its appropriate committees, supervision. The location of tracks, establishing grades, rate of speed and other ^.^^ ordinan- lunning and supervisory regulations shall be subject to the ordinances '^^^• of the Mayor and General Council now in force or hereafter made. 13th. The respective companies shall pay for permanent paving or other improvements allowed by city charter, or amendment thereof, ^'^^ ^°'^ paving. or any general law passed by the General Assembly of Georgia, on the streets occupied by them, such amount as now is, or may hereafter be, required by city charter or any amendment thereof, or any general law passed by the General Assembly of Georgia. 14th. The authority and consent given to said street railroad 508 Street Kailway Fkaxchises. coiiipunics respectively are given with tlie understanding that the same may be enjoyed by the Atlanta Consolidated Street Railway Com- pany when it shall acquire the property and franchises of said compa- nies, or any of them, and subject to limitation expressed above. 15th. That should said companies, or any of them, build on any Ftreet which is laid with belgian blocks or rubble, then said companies shall pay for one tract and three feet on each side. Space to be paved. Broad, Ala- bama, Loyd, Waverly, Washington, etc. Conditions of May 20, 18!)1. June 19, 181)1. Report of Committee on Petition of the Atlanta Street Rail- road COMP>ANY FOR PERMISSION TO LaY DoUBLE TrACKS ON Broad^ Alabama^ Loyd, Loyd to Waverly Place, Waverly Place to Washington, Washington to Trinity Avenue (for Communication from Joel Hurt, President, and Counter-Petitions from Merchants on Alabama Street, see Original Papers of File with the City Clerk), and to Equip and Operate tpie same with the Overhead Electric System. Your committee report favorable that authority and consent be given the Atlanta Street Railroad Company to lay and maintain double tracks from Broad street, connecting with the present Broad street lines, along Alabama street to Loyd, along Loyd to Waverly Place,, along Waverly Place to Washington, along Washington to Trinity avenue, and to equip and operate the same with the overhead electric system; thence to continue a single track from Trinity ave- nue, along Washington to Jones, along Jones to Capitol avenue, and along Capitol avenue to the present terminus. Also from Jones street on Capitol avenue along Capitol avenue to Fair street, along Fair to Trinity avenue and along Trinity to connect with the double track at the junction of Washington and Trinity ave- nue, and to equip and operate the same Avith the overhead electric system. Also that authority and consent be hereby given the Atlanta Street Railway Company to extend its single track from Alabama street, along Broad to Hunter, thence along Hunter street to Whitehall street to connect with the present Whitehall street line. And that permission be granted to rebuild the present single ti-aek along Whitehall, from Hunter street, to connect with the (loul)le tracks on Alabama street, instead of the double tracks along Whitehall from Hunter to Alabama street, for which a permission was hereto- fore granted. Said lines to be subject to all of tlie laws and conditions us an- eon- tained in a grant on the petition of Joel Hurt and A. A. Glasier, rep- resenting the Atlanta Street Railroad Company, and other com])anies, approved May 20, 1891. West End and Street Eailway Franchises. 509 Petition of the Atlanta Street Railroad for Certain Franchises. Upon the several petitions of H. E. W. Palmer, president of the different street railroad companies herein mentioned, your committee report favorable. 1st. That anthority and consent is liereby given to the West End and Atlanta Street Eailroad Company to lay double tracks along Atlanta!" Broad street from Alabama street to Mitchell street, along Mitchell Alabama along street to Thompson street, along Thompson to ISTelson, along Xelson Thompson, Nei- to Walker ; thence to continue or rebuild the present single track etc' along Walker to Peters, along Peters to Leonard, along Leonard to Ella and along Ella to the city limits ; to operate and equip the same with the overhead electric system. 2d. And also to the Fulton County Street Railroad Company to •' v J Fulton Countv extend its tracks along West Peachtree street from Linden avenue to Company. Fifth street : also on Courtland street from Houston street to Edge- '^^'est Peacu- ^ tree. Linden to wood avenue : also on Courtland street from Linden avenue to North Fifth, couit- land, Houston avenue, and along Xorth avenue to Calhoun street (Piedmont avenue) to Edgewood, , along: Linden north to the city limits : to equip and operate the said lines with the to ^"ortii ave- overhead electric system. mont to limits. 3d. And also to the Atlanta Street Railroad Company to extend . , ^ • Atlanta Com- its Marietta street line along Jones avenue from Marietta street to p^ny- Gray street, thence on Gray street to Simpson street, thence on Simp- jo^neI"avenur" son street to Walnut street, and to equip and operate the same with ciray and simp- ^ ^ J- son to W alnut. the overhead electric system. The city reserves the right to charge for the use of Jones avenue bridge. 4th. And also to the Metropolitan Street Railroad Company to equip and operate its lines with the overhead electric system, as fol- jts^^vhorJIfnel lows : On South Pryor street from x\labama street to the city limits, on Garnett street from Pryor to Pulliam, along Pulliam to Clarke, along Clarke to Washington, and along Washington to Ormond street ; also on Georgia avenue from Pryor street to Grant Park. 5th. And also to the Gate City Street Railroad Company to extend its track from Wheat street, corner of Jackson, along Jackson to con- f^fj^-e HnesT'*^ nect with the Atlanta and Edgewood Street Railroad Company, on Edgewood avenue, and to equip and operate the same with the over- head electric system. • And also to the West End and Atlanta Street Railroad Company to put single tracks along Elliott from Xelson to Mitchell, along Mitchell to Haynes, along Haynes to Thurmond, along Thurmond to Elliott and along Thurmond from Elliott to the electric plant ; to equip and operate the same with the overhead electric system. And also to the West End and Atlanta Street Railroad Company )10 Street Kailway Feaxchises. Conditions of ^" cxteiid its siugle track along Xelson street from Walker street to lay 20, 1891. Tatiiall street, and along Tatnall street to West Hunter street and along West Hunter street to the city limits; to equip and operate the same with the overhead electric system. Also to the Atlanta Street Eailroad Company to build an extra track on Broad street from Alabama street to connect with the tracks on Marietta street, so as to have double tracks along Broad street, and across the bridge from Alabama to Marietta street, and to equip and operate the same with the overhead electric system. The said street railroad companies shall be subject to all of the laws and conditions contained in a grant on the petition of Joel Hurt and A. A. Griasier, representing the Atlanta Street Eailroad Company and other street railroads, approved May 30, 1891, except the time of com- pletion of work shall be eighteen months instead of twelve months. Provided, said street railroad property shall be subject to be taxed a? other property is taxed for city purposes. Geaxt to Atlaxta Street Eailroad Compaxy ox Poxce de Leox axd Xorth Avexues. report of COMiriTTEE. On the Petition of H. E. W. Palmer, President Atlanta Street Eail- road Company, your committee report favorable. That authority and consent is hereby given the said company to repair, and when necessary to re-build its lines, on Ponce de Leon ave- Ponce de Leon uuc and Xorth aveuue from the city limits to Peachtree street, thence nues from lim- ou Peaclitrec Street to ISTorth avenue, thence along North avenue to tree, ete.*^^'' ' connect with Marietta street line at the junction of Marietta street and Xorth avenue, and to equip and operate the same with the over- Jiead electric system. Subject to all the laws and terms as are contained in a grant to said street railroad company and other street railroads, upon petition of Conditions of T-«r%. May 20, 1891. Jocl Hurt and Mr. Glasier, adopted May 20, 1891, and approved ]\Iay July 16, 1891. 20, 1891. Work to be commenced in thirty day.s and completed in six mouths. Petitiox of Atlaxta Street Eailroad Compaxy for Certaix Privileges. Atlanta, Ga., August 17, 1891. To the Tlonorahle Mayor and General Council of the City of Atlanta: We, tlie undersigned Atlanta Street Eailroad Company, do respect- Street Eailway Franchises. 511 fully petition your lionorablc l)ody for permission to lay tracks on the following streets : 1st. To connect with a douMe track curve the Edgewood avenue tracks with the single tracks now on North Pryor street, and the right elrtain"%xten- to extend as a single track this through North Pryor street to connect ^,e°"^ons!'^ ^°^ with the tracks on Peachtree street. Also the right to extend the double track now on Broad street up to I'eachtree, and on Peachtree street as far as Ellis, uniting them at this point into a single track. Also the right to unite the present Hous- ton street tracks to the Broad street tracks, the present Peachtree street tracks with the Broad street tracks, and the present Luckie street tracks to the Broad street tracks, in accordance with the plan herewith csubmitted. 2d. On Grant street single tracks with the necessary turnouts from the Decatur street tracks to Jones street, through Jones street to Park street, through Park street over the Metropolitan Street Eailroad Company's tracks to South Boulevard. This line to be equipped and operated with the overhead single trolley electric system. 3d. Also the right to connect the Alabama street lines with the Metropolitan line, corner Alabama and Pryor streets, by double curve tracks. And that authority and consent be and is hereby given the said street railroad company, with the understanding that the same may be enjoyed by the Atlanta Consolidated Street Eailroad Company when it shall acquire the property and franchises of the said compa- nies. Atlanta Street Eailroad Company, By W. S. Larendon, Acting General Manager. REPORT OF committee. Favorable, being subject to all laws and ordinaces that are now in force governing street railroads, and all the terms, laws and regula- tions heretofore adopted governing the different street railroads under grant adopted by the Council, May 20, 1891, and approved by the Mayor same day, on petition from Joel Hurt and Mr. Glasier for oper- ating the different lines of the Consolidated Eailroad. The authority and consent is withheld so as not to extend further than Houston street, and no authority is given to make any changes Aug. i9, ma. between Houston and Ellis streets. 512 Street Eailway Franchises. Petition of the Gate City Street Eailroad Company for Per- mission TO Equip and Operate its Street Railroad ^YITH THE Single Trolley Overhead Electric System on Jackson Street, from Wheat Street to Ponce de Leon Avenue, and from Jackson Street along Ponce de Leon Avenue to the Boulevard; also the Eight to Lay Another Track on the Boulevard to the City Li:\iits. Petition for Jackson street and Ponce de Leon avenue. To the Honorahle Mayor and General Council of the City of Atlanta: We,the undersigned Gate City Street Eailroad Companv. respect- fulh^ petition your honorable body for permission to equip and operate with the overnead single trolley electric system our tracks on Jackson street, from Wheat street to Ponce de Leon avenue, and from Jackson street along Ponce de Leon avenue to the Boulevard. Also the right to lay another track alongside the present track on the Boulevard from Ponce de Leon avenue to the city limits, making the proper connec- tions to our double tracks now on Ponce de Leon avenue; this line to be equipped and operated with the overhead single trolley electric sys- tem. And that the authority and consent are given the said street railroad company, with the understanding that the same may be enjoyed by the Atlanta Consolidated Street Eailway Company when it shall acquire the property or franchises of the said company. Gate City Street Eailroad Company, By H. E. W. Palmer, President. report of committee. Favorable, subject to all laws and ordinances, rules and regulations Sept. 25, 1891. heretofore passed in granting authority to the several street railroad companies for electric system by petition of Joel Hurt and Mr. Glasier in the Whitehall and other lines, approved May 30, 1891. Petition of Atlanta Consolidated Street Eailway Coinipany TO Connect With Tracks of Metropolitan Street Eailroad Company at Pryor and Alabama Streets. Atlanta, Ga., Julv 27, 1891. To the Jloiwrahlc Mayor and General Council of the City of Atlanta: The petition of the Atlanta Consolidated Street h'ailway Company oui-ve track respcctfully asks your honorable body that they may be allowiwl to hiv corner Ala- , i t , , .' .' bama and a curvG track arouud the southwest corner of Alabama and Prvor Pryor streets. streets to connect tlierel)y th(> Pryor street line of tlie ]\retro])olilan Street Eailroad with tlie Alabama street line of th(> Atlanta Slnvt Street Kailway Franchises. 513 Eailroad, and to temporarily remove such paving at the junction of Pryor and Alabama streets as may be necessary for the construction of the aI)ove mentioned curve track. Atlanta Consolidated Street Railway Company^ By H. I. Bettis^ General Manager. report of committee. Favorable, upon petition of tlie Atlanta Consolidated Street Kail- way Company asking that they be allowed to lay a curve track around the southwest corner of Alabama and Pryor streets, to connect thereby Approved Aug. the Pryor street line of the Metropolitan Street Eailroad with the '' Alabama street line of the Atlanta Street Railroad, and to temporarily remove such paving at the junction of Pryor and Alabama streets as may be necessary for the construction of the above mentioned curve track. Report of Com^^iittee Allowing the Atlanta Consolidated Street Railway Company to Put Double Tracks on Jones Avenue from Marietta Street to Gray Street, as Shown by Attached Plat. (For Plat see Original Papers of File in the City Clerk's Office.) Your Electric Light and Street Railroad Committee recommend the Atlanta Consolidated Street Railroad Company be allowed to put down double tracks on Jones avenue, from Marietta street to Gray idated'^ stre°t street, as shown by attached plat. The Atlanta and Chattahoochee pam™^'^ ^""" River Railway Company have the right to condemn the south track on Jones avenue and use the same by paying the Atlanta Consolidated Street Railway Company the actual cost to them of constructing said siTrietta'^to^' south line, with interest on same to date of condemnation; the said ''*^' Atlanta Consolidated Street Railway Company to use the north line of track on Jones avenue. The two roads crossing each other at Ma- rietta street and Jones avenue, and also at Gray street and Jones avenue, both companies to use the same or separate overhead construc- tion or electric equipment. This to be subject to the original grants and such other regulations as may be, or become, necessary in the use of these tracks by said com- panies ; provided, also, that the said companies shall not run cars paral- uishts of River lei along these tracks, but shall run them so as to discommode the pub- ^''"'^^^^■ lie as little as possible ; the Atlanta and Chattahoochee River Railway Company to pay for the cost of changing the special works at Gray street and Jones avenue, and also at Marietta street and Jones avenue ; also one-half the cost of the double tracks on Marietta street between 514 Street Kailway Fran-chises. Nov. 19, ISOl. Jones avenue and Alexander street. The accompanying diagram marlced "A" (on file with original papers in City Clerk's office) shows the jjlau as above expressed. Action of Council Approving the Merging of Certain Lines OF Street Railroad into the Atlanta Consolidated Rail- way Company. petition. To the Ilonorahlc Mayor and General Council of the Citji of Atlanta: s^Hdated*^°"" "^'^^^ petition of the Atlanta Consolidated Street Railway Company stj^et^J^aiiway shows that sincc the twentieth day of May, 1891, its charter has l:)ecn Charter con- confirmed by the General Assembly of Georgia, and authority to pur- Right given to chase other street railroads has been given to it, and it has purcliased roads°* " ^11 of the property and franchises of the following street railroad com- Snta''°s"t?eet'^'" P^^^^s in Atlanta, Ga., to-wit : The Atlanta Street Railroad Com- ?am'° west°"" P^^^' ^^^^ ^^' ®s* ^""^^ ^^^ Atlanta Street Railroad Company, the Gate S'^kte"'^ouv:City Street Railroad Company, the Fulton County Street Railroad ri"°lti;n"tf ^'' Company, and The Atlanta and Edgewood Street Railroad Company. Comp'in!ir°"'' 1^ P^ays tlie consent of the Mayor and Council of Atlanta for it to Asks permis- operate Said lines according to prior grants to said companies respect- sion to operate -^ v, i o i i ively. It claims that the right to do so already exists, but wishes to have its franchises free from any question or possibility of doubt. Atlanta Consolidated Street Railway Company^, Bv Joel Hurt. President. them all. set fortl grant of Ma 50, 1891. resolution. Whereas^ The Atlanta Consolidated Street Railway Companv has purchased the rights, property and franchises of the following street oonSmons," as I'a^lroad companies in Atlanta, to-wit : The Atlanta Street Railroad Company, the West End and Atlanta Street Railroad Company, the Gate City Street Railroad Company, the Fulton County Street Rail- road Company, and the Atlanta and Edgewood Street Railroad Company ; Resolved, That the rights and franchises consented to and gi'aiitcil to said several street railroad companies and to said Ailaiila Consol- idated Street Railway 'Company in anticipation of siu-h pui'diascs. made by the Mayor and Council of the City of Allaiila on llie twen- tieth day of Ma}', 1891, as appears by the minutes of the Mayor and Council on pages 683, 68-1:, 685, 686, and approved by the Mayor on May 20, 1891, and all subsequent grants made to eitlicr of said com- panies, are liereby reconsented and regranted to said .Vthmta CoihoI- Street Railway Fkanchises. 515 idated Street Kailwa}' Company on the terms specified in the said grants and consents both as to privileges and obligations. x\nd the Mayor and Council of iVtlanta consent that said Atlanta Consolidated Street Eailway Company may exercise upon and in the streets of said city heretofore occupied by said companies respectively all the rights and privileges heretofore owned or possessed by either of said companies respectively, including the rights of extension to any of said lines granted by the Mayor and Council of Atlanta on said date in 1891, and subsequently thereto. Provided, however, that nothing heroin shall operate as an extension of the time fixed within which anything was required to be done on i^J^'^IgJi.'^ ^^'^' any of said lines as a condition to the right granted thereon to con- struct any street railroad, or part of the same, on any street or streets. Atlanta Consolidated Street Railway Company Given the Eight to Lay Teacks on Peters Street from Leonard to Tracks Under Central of Georgia Railroad. Atlanta, Ga., April IS, 1892. To the Honorahle Mayor and General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully Atlanta consoi- petitions for the right to connect its lines on West Peters street by Ramvay^ com- building from Leonard street to connect with the line running under p""-^' the Central Railroad tracks from Whitehall street. The right is re- s^t^eerilni'wft'i' quested in the interest of . convenience and safety to the traveling ^^ '"**^" ''"''• public and a more successful operation of the lines. ig^isgl ^^^^^ iVTLANTA Street Railway Company, By Joel Hurt, President. Petition of the Atlanta Consolidated Street Railway Com- pany' TO BE Allowed to Electrically Equip and Operate its Line on Peachtree Street. Atlanta, Ga., April 4, 1892. To the Honorahle Mayor and General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully Atlanta con- ]^titions for permit to electrically equip and operate its line on Peach- Itreef^Raiiroad tree street. ' Company. In presenting this petition we submit, that when a similar petition ^tfeet.*"^^^ was before your body about a year ago, the company did not urge upon you the granting of the same, because of a desire on tjie part of the company to allow the citizens on the street ample time in which to see the operations of the various other lines throughout the city. 516 Street Railway Franchises. Accompanyiug this will be found a petition from a large number of citizens living on the street, many of whom a year ago opposed an electric line, now asking the company to electrically equip and operate the street. We think this petition, which has come without solicitation from the company, is abundant proof of the good work which has been ac- complished so far by the electric lines, and as this is one of only two of the company's lines yet operated by horse-power, it is the desire of the company to do the work as early as possible, if it is to l)e done at all. x\tlanta Consolidated Street Eailway Company, By Joel Hurt^ President. report of committee. Atlanta, Ga., April 18, 1892. To the HonoraUe Mayor and General Council of the City of Atlanta: Your Committee on Electric Lights and Control, having consid- ered the petition of the Atlanta Consolidated Street Eailway Com- pany hereto annexed, respectfully report as follows : "We respectfully recommend that authority and consent be given for said company to electrically equip and operate tracks on Peaclitree, Peachtree, Wcst Poachtrec and Pryor streets, and to make all necessary connec- West Peach- '' ' • tree, Pryor, tions with their tracks on Marietta, Broad, Pryor and other streets, etc. ^ 7 „ such tracks to be as follows : On Peachtree street a single track from Marietta street to Houston street and from Baker street to the city limits, and double tracks from Houston street to Baker street ; on West Peachtree street a single track from Baker street to the city limits; on North Pryor fctreet a single track across Houston street, and from Houston street to the intersec- tion of Pryor and Peachtree streets. This franchise is granted subject to the same conditions as were Conditions of annexed to the franchises granted to the Atlanta Street Railroad Com- grYntl°' ^^^^ P^^y? '^"^^ other street railroad companies, by action of the Mayor and General Council of Atlanta held on May 19, 1891, and a])proved l)y the Mayor on May 20, 1891. April 21, 1892. Double Tracks on Alabama Street. Your Committee on Electric Lights and Control report as follows : 1st. Recommend that the privilege of double-tracking Alabama street be not extended; but that said company iiiav doulile track thai Alabama street, , -_ ^ .., , .,. etc. street from Broad to Loyd under the privilege and wit Inn the time heretofore granted, or may at their option and within ilie time afore- said double track Alabama street to Pryor street, and electrically equip the double tracks there and the single track to Hunter from Street Railway Franchises. 517 Pryor along Alabama to Loyd, Waverly Place and Washington street, and in that event make necessary connections with the tracks of the Metropolitan Company on Pryor and Hunter streets. 2d. That said company be denied the privilege of changing its ter- Apl-iT^i! 1892. minus on Capitol avenue as prayed for. -irgia ave- rjria ave- Pryor to Double Tracks on Pryor Streets. To the Honorable Mayor and General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully Atlanta con- petitions your honorable body for permission to lay double tracks on street Railway Pryor street from its present terminus near Alabama to Georgia ave- ^ ° I'lyor street, nue, and to equip and operate Pryor street to the city limits with the AiaUama overhead electric system. Also for permission to electrically equip and operate Georgia avc nue from Pryor street to its station near Grant Park. Grant Park. Atlanta Consolidated Street Railway Company, By Joel Hurt, President. REPORT OF committee. Atlanta, Ga., February 20, 1893. To the Honorahle Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Railroads respectfully report on the annexed petition of the Atlanta Consolidated Street Railway ^"'"*' Company, as follows : Favorable, that authority and consent be given ^ ' ' ' to the Atlanta Consolidated Street Railway Company as in said peti- istin^ and fu- tion asked, on condition that the construction or change of said lines ordinances.*" from steam power to electric power shall be under the supervision of the City Engineer, and the rails used to be of a pattern approved by him and the Committee on Electric and Other Railroads. The said street railway company shall replace any paving removed for the pur- pose of laying or relaying tracks in as good condition as before the work was entered upon, and shall be liable for all damages to persons or property resulting from the doing of the work, or a failure to keep the several streets in repair for the space of eleven feet, including its tracks. This grant is made on condition, also, that said street rail- 1 11 , 1 -. -, Feb. 23, 1893. way company shall hold and operate these lines subject to all the laws and ordinances now of force, and such as mav be hereafter made. 518 Street Eailway Feanchises. Petition of the x\tlanta Consolidated Street Railavay Com- pany FOR Permission to Substitute Double for Single Track on Peachtree Street from Pine Street to the City Limits. The Atlanta Consolidated Street Railway Company respectfully Peachtree- petitions yoiir honorable body for permission to substitute for the sin- p?ne to Vimftl gle tracks on Peachtree street double tracks from the end of the turn- out near Pine street north to the city limits. Atlanta Consolidated Street Railway Company, By Joel Hurt, President. report of committee. To the Honorable Mayor and General Council of the Citij of Atlanta: Your Committee on Electric and Other Railways, on the attached Grant- petition of the Atlanta Consolidated Street Railway Company, report Mry'20, i89i. favorable, upon the following conditions: That said Company shall use the Gurder rail, designated as Section "Y," No. 236, manufactured by the Johnson Company, and subject to all the conditions imposed in ordinance adopted May 30, 1891, granting to Joel Hurt and A. A. Glasier, representing the Atlanta Street Railway Company, West End and Atlanta Street Railway Com- pany, and others, certain privileges for street railway purposes. May 17, 1893. Piedmont- Pine to limits. Petition of the AtlanTx\. Consolidated Street Railway Com- pany FOR Permission to Lay Tracks and Electrically Equip AND Operate a Line on Piedmont Avenue from Pine Street North to City Limits. To the Honorable Mayor and General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully petitions your honorable body for permission to lay its tracks on Pied- mont avenue from Pine street north to the city limits, and to equip and operate the same with the overhead electric system. Atlanta Consolidated Street Railway Co:\ipany, By Joel Hurt, President. REPORT OF committee. Favorable, that autliority and consent be given the Atlanta Con- solidated Street Railway Company to lay and maintain a line of Grant— subject * nx-«. i n i n -jT-i to existinp; and tracks ou Picdmont avenue from Pme street north to the citv limits, future laws and .,1,1 1 i i j. • " j. ordinances. dnd to cquip and oi)erate the same with the overhead electric system. Work in good failli sli;ill he actunlly coinintMieod within nincly days Street Railway Franchises. 519 from tlie date of the adoption of this report, and shall be finished with- in four months from the date of said adoption. The grant as to this line shall stand forfeited if such work is not commenced thereon or completed within the time indicated. The construction of this extension shall be under the supervision of the City Engineer, and the rails to be used to be of a pattern ap- proved by him and the Committee on Electric and Other Railroads. The street railroad company shall replace any paving removed, for the purpose of laying tracks, in as good condition as before entered upon, and shall pay the city and abutting property owners for the pav- ing now on the street as if it were laid after the tracks were down. This grant is made on condition that the said street railway com- pany shall hold and operate this line subject to all the laws and ^'' "^' ^^'^' ordinances now of force and such as may be hereafter made. Petitiox of the Atlanta Con.solidated Street Railway Com- pany TO Electrically Equip and Lay Tracks on Hunter^ Eraser and Eair Streets, etc. Atlanta, Ga., March 6, 1893. To the Honorahle Mayor nnd General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully hunter— Pr petitions your honorable body for permission to electrically equip and an^ ^other"^*"* operate single tracks on Hunter street from Pryor street to Washing- "Streets. ton street, thence double tracks to Eraser street, thence single tracks to King street, and. if deemed desirable, to extend said single tracks to Grant street. Also single tracks on Eraser' street from Hunter street to Eair street. Also double tracks on Eair street from Park avenue to Grant street, and, if deemed desirable, to extejid said double tracks on Eair street to King street, and single tracks on King street from Eair to Hunter street. Also single tracks on Eair street from King street to Eraser street. Also to substitute for the single tracks on Park avenue double tracks from Eair street to Grant Park, and to equip and operate all of the above proposed routes with the overhead electric system, making all necessary connections; the right being continued to operate Eair street line to its present terminus by steam, as heretofore existing. Atlanta Consolidated Street Railway Company, By Joel Hurt, President. . REPORT of committee. To the Honorahle Mayor and General Council of the City of Atlanta: On the annexed petition of the Atlanta Consolidated Street Rail- 520 Stkeet Railway Franchises. way Company, your Committee on Electric and Other Eailways respectfully report as follows : Favorable, that authority and consent be given said Street Rail- to^^exisun^^'^'^^ way Company to construct and electrically equip and operate its tracks iT^ and'^ordi- °^ ^^^^ f ollowiug strects, upon the conditions named below : nances. Q^^ Huntcr street, single track from Pryor to Washington street, thence double tracks to Fraser street, thence single tracks to King street, and, if deemed desirable, to extend said single tracks to Grant street. Also single tracks on Fraser street from Hunter street to Fair street. Also double tracks on Fair street from Park avenue to Grant street, and, if deemed desirable, to extend said double tracks on Fair street to King street, and single tracks on King street from Fair to Hunter street. Also single tracks on Fair street from King street to Fraser street. Also to substitute for the single tracks on Park avenue double tracks from Fair street to Grant Park, and to equip and operate all of the above proposed routes with the overhead electric system, making all necessary connections. Said company shall not be allowed to come into the center of the city by steam cars nearer than said Park avenue. The conditions upon which said company is given the above stated rights are as follows : Said work of constructing said lines of street railway shall be commenced in sixty days, and shall be completed within the next twelve months from this date. The construction of this work shall be under the supervision of the City Engineer, and the rails used shall be approved by the Committee on Electric and Other Railways from the City Council of Atlanta. Said street railway company shall replace any paving, taken up by it in its work, in as good condition as before same was removed. This grant is made on further condition and that said street rail- ^ way company shall hold and operate its lines subject to all laws and ordinances now of force, and all that may be hereafter enacted. Upon failure to perform any of these conditions, said rights shall cease. Street Railway Filvxchises. 521 Petition of the Atlanta Consolidated Street Railway Com- • PANY TO Lay Tracks on Smith Street from Whitehall to Glenn Street, and to Equip, and Operate the Same with the Overhead Electric System. Also to Electrically Equip and Operate its Line on Garnett Street, from Pryor to Pulliam, along Pulliam to Clarke, Clarke to Washing- ton, Washington to Terminus. Also on Loyd from Gar- nett to Waverly Place and to Connect with Tracks on Garnett and Waverly. Atlanta, Ga-., March 6, 1893. To the Honorable Mayor and General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully petitions your honorably body for permission to lay its track on Smith Whitehall to street from Whitehall street south to Glenn street, and to equip and operate the same with the overhead electric system. Atlanta Consolidated Street Railway Company, By Joel Hurt, President. Atlanta, Ga., March 6, 1893. To the Honorable Mayor and General Council of the City of Atlanta: The Atlanta Consolidated Street Railway Company respectfully petitions vour honorable bodv for permission to electricallv equip and oamett, Pui- " . i 1 liam Clarke operate its line on Garnett street, from Pryor street to Pulliam street, and 'washing- thence along Pulliam street to Clarke street, thence along Clarke street to Washington street, thence along Washington street to the present terminus at Ormond street. Also for permission to electrically equip and operate Loyd street from Garnett street to Waverly Place, and to connect with the com- panj^'s tracks on Garnett street and Waverlv Place. Atlanta Consolidated Street Railway Company, By Joel Hurt, President. REPORT OF committee. To the Honorable Mayor and General Council of the City of Atlanta: On the annexed petitions of the Atlanta Consolidated Street Rail- orant-subject way Company, your Committee on Electrical and Other Railways f°jy^f*^|"^|/°'* respectfully report as follows : ""'^ ordinances. Favorable, that authority and consent be given the Atlanta Consoli- dated Street Railway Company to construct and electrically equip and operate its tracks on the following streets, upon the conditions named: On Garnett street from Pryor street to Pulliam, thence along Pul- liam street to Clarke street, thence along Clarke to Washington street, thence along Washington to the present terminus at Ormond street. Also to electrically equip and operate Loyd street from Garnett 522 Street Eailway Franchises. street to Waverly Place and to connect with the company's tracks on Uarnelt street and Waverly Place. Said x\tlanta Consolidated Street Eailway Company is further given authority to lay its tracks on Smith street from Whitehall street south to Glenn street and to electrically equip and operate the same with the overhead electric system. The conditions upon which the said company is given above stated right are as follows : Said work of constructing said lines of street railway shall be com- menced within the next sixty days, and shall be completed within the next six months from this date. The construction of this work shall be under the supervision of the City Engineer, and the rails used shall be approved by the Committee on Electric and Other Eailways for the City Council of Atlanta. Said railway company shall replace any paving taken up by it in as good condition as before it was removed by said company in build- ing its said tracks. The grant is made on further conditions, also, that said street rail- way company shall hold and operate its said lines subject to all laws and ordinances now of force, and subject to such as may hereafter be made. Upon failure to perform any of these conditions, said rights herein granted shall be void and of no effect. .Mar. 23, 1S93. Double Tracks ox Edgewood Avenue axd Single Track on Euclid Avenue. On the petition of the Atlanta Consolidated Street Railway ('oni- pany for permission to substitute for the single track on Edgewood Granted— sub- -, .-, . . , . ject to exist- avcnuc doublc tracks from the present terminus near the east end ot laws and ordi- the bridge over the R. cv D. R. R. to Delta Place, and also to extend lines to be so its tracks On Euclid avenue from Hurt street to the citv limits, and to held and oper- . " ated. equip and operate the same with electricity, your Committee on Electric and Other Railways report as follows : Favorable, that authority and consent be granted said company to change and extend its tracks as prayed for, and to equip and operate the same with electricity; provided, this grant is made subject to the following conditions : 1st. The work of constructing and equipping electrically said lines of street railway shall be commenced within sixty days, and sliall be completed within the next twelve months from this date. The construction of this work shall be under the supervision of tbe City Engineer, and the rails used shall be approved by the Committee on Electric and Other Railways from tbe Citv Council of Atlanta. Stkeet JIailway Franchises. 523 Said street railway eoinpany shall replace any paving, taken up by it in its work, in as good condition as before same was removed. 2d. This grant is made on the further condition, that said street railway company shall hold and operate its lines subject to all the law-; and ordinances now in force, and all that may be hereafter enacted •^'"''' ^^' ^^''■^• regulating the construction and operation of street railroads in said city. Grant to Electrically Equip Auburn xV venue. On the petition of the Atlanta Consolidated Street Kailway Com- pany for permission to electrically equip its present tracks on Wheat ject to existing street from Pryor street to Jackson street, your Committee on Elec- laws and ordi- nances. trie and Other Eailways, respectfully report as follows: Favorable, that authority and consent be granted said company to electrically equip and operate with electricity its said tracks on Wheat street from Pryor street to Jackson street, subject to the following conditions, to-wit: 1st. The work of constructing said lines of street railway shall be commenced within the next sixty days, and shall be completed within the next six months from this date. The construction of this work shall be under the supervision of the City Engineer, and the rails used shall be approved by the Com- mittee on Electric and Other Eailways from the General Council of Atlanta. Said railway company shall replace any paving taken up by it in as good condition as before it was removed by said company in build- -^f"' i^, isqs. ing its said tracks. 2d. The grant is made on further condition, also, that said street j^ote-This railway company shall hold and operate its said lines subject to all eiectr!Lanv°* the laws or ordinances now in force, and subject to such as may here- [^e'lufrse Mr after be made regulating the construction and operation of street rail- '.^"nfin^'fpd '^'*' road in said city. Smitli Street Paving. The Atlanta Consolidated Street Eailway Company is required to pay the abutting property owners on Smith street for their proportion ^mith street— '■ "^ oij.^ 11 pjjy jpy paving of the expense of rubble stone pavement of said street the sum of '-equired. twenty cents (20) per lineal front foot, and that if this amount is not April lo. i894. paid by the Atlanta Consolidated Street Eailway Company within thirty days from this date, that executions for said assessments at above named rate be issued and collected. 524 Street Eailway Franchises. Graxt ox West Peaciitkee ekom PEAciiTitEi-: to Powers Streets. REPORT OF committee. Favorably upon the request of the Atlanta Consolidated Street Eailway Company to lay its tracks on West Peachtree street, as follows : The Committee on Electric and Other Eailways, to which was referred the accompanying petition of the Atlanta Consoli- west Peach- ^''^^^(^ Street Eailway Company, for permission to lay its tracks on tree. West Pcachtree street from the branch-oif near the intersection of Aujj. 21, 1S95. Peachtree and West Peachtree streets to Powers street, snd there con- nect with the tracks already laid, asking also the right to lay this track without any requirement to pay for the paving; after consider- ing said petition, respectfully report favorably that authority and consent be granted said company to lay the track, as prayed for, and to use the same for one year from the approval of this grant without being required to pay for the paving; provided, that if said company shall want to use said track permanently, or for a longer period of time than one year, said company shall then pay for the paving of said street between the points named for the space of eleven feet in width, at the present value of said paving, which is to be estimated at one-half the cost of the paving, said payment to be required both on behalf of the city and of the owners of abutting property, except such abutting owners as may waive the right in favor of said com- pany to reimbursement on that account. The grant of this franchise to be subject to the same conditions, with reference to reimbursing the city for damages occurring to per- sons or property from the construction or operation of the road at that point, and subject to the same right reserved by the city to regu- late the operation of said road, and subject to the same liability to pay for the repaving of said street, and subject to all other condi- tions annexed to previous grants of franchise to said company. Auburn avenue Eemoval of Tracks on Auburn Avenue. Resolved, by the Mayor and General Council of the City of Atlanta, That the Atlanta Consolidated Street Eailway Company be and is line "discontin'^ hereby authorized to remove their tracks from Auburn avenue, from 1806. ' Pryor to Jackson streets, and that all rights said company may have to occupy said Auburn avenue with their tracks be hereby forfeited, said company having notified the Mayor and General Council of its purpose to abandon said street between the points named. Stkhet Kailway Fraxciiise8. 525 Double Tracks on Peaciitkee, from ^Marietta Street to Aragox Hotel. The Atlanta Consolidated Street Railway Company respectfully Adopted petitions your honorable body for the right to substitute double tracks •'^"- ^'' ■^^"^• for single tracks along Peachtree street from the Aragon Hotel to ^^uWe'^track. Marietta street, and to make the necessary special work connections Approved with all intersecting tracks. •^""- '-''' '^''• ExTEXsiox OF Smith Street Line. report of committee. Upon the petition of the Atlanta Consolidated Street Railroad Company, to extend its line from its present terminus at the inter • ^ ^^ " section of Smith and Glenn streets, committee reports as former street lin"' report, March 7, 1898, viz : Favorable to extend the Smith street line from its present terminus on Smith street to Glenn street, and ditions. along Glenn street to Windsor, and along Windsor to a point on Wind- sor street between Hendricks and Doane streets; provided, the com- pany agrees to put on and maintain a schedule on this extension, or remove the track from the same, after due notice from the Mayor and General Council. This work to be commenced in sixty days and " ' ' completed in four months from date of the granting of this petition. Grant on Lee Street from Gordon to City Limits, report of committee. Your committee, to whom was referred the application of the At- lanta Consolidated Street Railway Company to extend its line from oordonTo city the intersection of Gordon and Lee streets out Lee street to the cor- ""^ ^' porate limits, report as follows, to-wit : That authority to extend its said line, as above indicated, be granted, upon the following condi- tions : 1st. That the schedule from the intersection of Gordon and Lee streets out Gordon street shall not be less than one car every fifteen ''""''°"'" minutes. 2d. That the schedule from the intersection of Gordon and Lee streets into the city shall not be less than one car every fifteen min- utes. 3d. That the schedule from the intersection of said streets out Gordon street, or into the city, shall be not less frequent at night, from 8 p. m. until the cars cease to run, than one car everv thirtv minutes. 526 Street Eailway Franchises. t'XCL'pt that if a competing company shall build a line parallel with Gordon street, one block away on either side, that the schedule on said streets may be less frequent to such an extent as is reasonable under the circumstances. The said franchise to extend the line out Lee street is granted upon Aug. 17, 1898. ii^p foregoing conditions, and if at any time the said company shall cease to comply with the said conditions the franchise shall cease. Double Track ox Washington Street. REPORT OF COMMITTEE. Wasliington street — double tracks. Granted. Conditions. To the Honorahle Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Eailways, to which was referred, with power to act, the petition of the Atlanta Consolidated Street Railway Company, under date of August 1, 1898, asking per- mission to double its track on its line of street railway on Washington street, between Hunter street and Trinity avenue, including necessary switches and curves at the intersection of Hunter and Washington streets, respectfully report as follows : Favorable, that authority and consent be granted said Atlanta Con- solidated Street Eailway Company to lay the tracks, turnouts and switches asked for, on the following conditions : 1st. The double tracks between Hunter street and Trinity avenue, and the single track between Trinity avenue and Woodward avenue, shall be laid with grooved girder rails, like or similar to that shown in the cut which is hereto attached as a part of this report, and with the express understanding that no rail shall be used in this work inferior, in respect of size, quality or pattern, to that represented in said cut. 2d. And on the further condition that the assessment against said company and its property for repaving Washington street shall not be affected by this grant. 8d. And on further condition that said Atlanta Consolidated Street Eailway Company shall be governed, as to this work, by all thi' conditions annexed to grant.> heretofore made to it. Paving on Ciii:i;oki:i': Avenue. Whereas, The City of Athiiita is opening a street called Clicrokee Sept. 19, 1898. avenue, at the west side of L. P. Grant Park : and Whereas, The Atlanta Consolidated Street Eailway Coni|t;iny has certain tracks and rioht-of-wav of twentv-flve feet loi' railwav ani i Stheet Hallway Fkanciiises. 527 station purposes, and claims the privii('soi-s or assigns. The amount of annual rental so stipulated is intended to be the price exacted by the city, and paid by said Atlanta Consolidated Street Railway Company, its successors or assigns, for tlie annual ust- of the tracks across said viaduct, while the present system tricity as a motor for street cai-s is used ; said conip; coinpany'to''''^ or assigus, to !)(' at no e.xpense For keeping the trac needed^e^ " the viaduct stands and is in cdndition Tor such u-e pairs to via- -i. j" • i i • ii j • duct. necessity tor repairs to he gi\i'n the city m writing lure tc >l' applying ( lec- ly. Its suet. es ■iOI-S in repair W" hile Xotice e r anv )y the con ip. mv. Stheet Kailway Fhaxchises. 531 its siK-cessor.s or assigns, which shall not run cars over the tracks on said viaduct while in an unsafe condition. But the Citv of Atlanta is not to be bound to rebuild said viaduct city not bound . . ^. to rebuild via- in case of its destruction, or when it is worn out ; nor is said Litv ot duct in case of 'Its destruction, Atlanta to be bound to adiust said viaduct or tracks to newer discov- nor to adjust same to new cries in electricitv, nor to bear anv expense on that account; nor to be discoveries in ■ . . , , . , electricit}'. bound for damages to persons or property m^iured by said company, its successors or assigns, in the use of said tracks in anv event ; but in for' damages to <=^ ' persons or every such case the damages are to be paid bv the companv, its sue- pfi'^rty by ■ ' • ' ■ street railway cessors or assigns. company. The amount of the annual rental so stipulated is to cover the use of said viaduct, and the tracks thereon, bv said Atlanta Consolidated The amount ' ■ _ agreed on is Street Eailway Company, or its successors or assigns, with their pres- annual rental, ent lines of railway and any extension thereof, which may be built or laid with the consent of the City of Atlanta, subject to increase for additional cars, as aforesaid. The city reserves the right to let other railway companies pass over Keservation of said viaduct and use said Mitchell street, without affecting the rental ^jj>'^ °" "''• to be paid by the Atlanta Consolidated Street Railway Company, its successors or assigns, for the use of said viaduct ; such further per- mission, however, to preserve to the Atlanta Consolidated Street Eail- way Company, its successors or assigns, the use of said viaduct, as herein granted, so long as it complies with the terms of this grant, and not ])eyond the period covered thereby, and such use by the Atlanta Consolidated Street Eailway Company, its successors or assigns, not to be exclusive. The Atlanta Consolidated Street Eailway Company, or its successors construction or assigns, shall begin the building of the lines herein granted within two^momhs" '" two months from the approval of this grant, and shall complete said lines within twelve months after the approval of this grant. The lines to be constructed to be single track, with necessarv turn- '^ ' • Track, Becessa- outs, switches and crossings, except where otherwise specified in this ry. turnouts. e ' 1 I switches, etc. report. The style of the rail to be used by said company in making said extensions shall be subject to approval by the Committee on Electric s*-'''' "' '''"•• and Other Eailways, and shall be changed by said company at its own expense when the paving or repaving of a street or portion of a street, or the safety of the street requires it, in the judgment of said com- mittee. The City of Atlanta also reserves the right to have all the materials used in the construction of said road inspected and approved by said committee. And the erection bv said companv of its trollev wires and other con- , ,. 1 ^• f '• Construction struction and appliances for operating its cars shall be done under the of. troiiey supervision of the Committee on Electric and Other Eailways and"'""*' "^ '' the Committee on Electrical Control, and shall be done whollv at the 532 Street Kailavay Fraxchises. Rebate for pav ing. expense of said compaii}'. And the trolley S3'steni may be discontin- ued by the city, as provided for in the grants to other street railways. The city reserves the right to prescribe location of poles, wires and tracks, and to require the change of such location when necessary, in the discretion of the Mayor and General Oouncil, at the expense of the company. Said Atlanta Consolidated Street Eailway Company to take the j^ct^to^e^^tag privileges herein granted, subject to all laws and ordinances now in ifanops"*^ °'^*"" force, and which may hereafter be enacted or ordained, regulating the building and operation of electric street railways or the crossing of bridges in said city, and especially with reference to speed, schedules, etc., on bridges and elsewhere in said city. The grant of privileges herein made is subject to the condition that the Atlanta Consolidated Street Eailway Company shall pay to the City of Atlanta, for itself and the abutting property owners, the value of all belgian block, or other pavements, on the streets occupied by it under this grant for the width prescribed by law; the value of such paving to be ascertained and fixed by the Mayor and General Council, and the same to be a first lien and charge upon the tracks so laid on such streets, until such sum is paid, which said payment shall be made for each route before the paved street is opened or occupied. This grant is made on further conditions, also, that the said Atlanta Consolidated Street Eailway Company, its successors and assigns, shall be liable for taxes on its property, and for occupation taxes on its business, as other taxable property in said city is taxed, and as other street railway companies are, or may be required to pay occupation taxes, and shall also pay assessments, for paving and repaving streets and portions of streets occupied by the tracks of said company, made under the authority of the charter of said city, as now existing or hereafter amended. This grant is made on further condition, also, that the City of At- lanta reserves the right to condemn such portions of said lines, not exceeding five blocks, as may be necessary, in the judgment of the Mayor and General Council, for allowing other street car companies to enter the central portion of the city, upon payment of just com- pensation to the Atlanta Consolidated Street Eailway Company, its successors or assigns. The consent and authority aforesaid is granted on^ further condi- tion that the Atlanta Consolidated Street Eailway Company shall dismiss its bill of exceptions now pending in the Supreme Court, from the decision of Fulton Superior Court, refusing an injunction prayed for by said Company against the Atlanta Eailway Company and the City of Atlanta, touching the right of the Atlanta Eailway Company to condemn the use of the tracks of the Atlanta Consolidated Strei't Eailway Company on ^lilelu'll street, between Broad street and Madi- Condemnation of track. Certain litiga- tion to be stopped. Sthket Railway Fkaxchises. 533 son avenue, and touching, also, the right of the Atlanta Railway Com- pany, under authority granted by the Citv of Atlanta, to construct an independent system of double tracks on Mitchell street between the points named; and that said Atlanta Consolidated Street Railway Company shall also dismiss the appeal filed by it from the award made by assessors, fixing the damages to be paid by the Atlanta Rail- way Company to the Atlanta Consolidated Street Railway Company for joint use of its tracks on Mitchell street, between the points named. Such dismissal of proceedings on behalf of the Atlanta Consolidated Street Railway Company in the pending litigation, as herein required, not to be construed against said Atlanta Consolidated Street Railway '^^'"" ^^' ^^^^' Company in any future case which may arise involving similar ques- tions. Atlanta Consolidated Street Railway Fair Street and Park Avenue Line Extension along Burns Street to South Boulevard. petition. To the Honorable Mayor and General Coimcil of the City of Atlanta: The undersigned company hereby petitions your honorable body for petition, the right to extend its Fair street and Park avenue line from the inter- section of Park avenue and Burns street Cor the terminus of the pres- ent Park avenue line), along Burns street to South Boulevard. Atlanta Consolidated Street Railway Co. REPORT OF committee. Electric and Other Railways Committee report favorable, that au- thority and consent be granted to the Atlanta Consolidated Street Burns street. Railway Company to do the work prescribed in within petition, upon Adopted May condition that the condition annexed to grants heretofore made to " Concurred in said company, shall apply to these lines, and that the company, its May 4, 1899. successors and assigns, shall obey existing ordinances, and such as may Approved be passed, applicable to the subject. Atlanta Consolidated Street Railway Company's Grant to Connect Capitol Avenue Tracks with Fair Street Line. To the Honorable Mayor and General Council of the City of Atlanta: Tlie undersigned company hereby petitions your honorable body for the right to connect its Capitol avenue tracks with its Fair street tracks along Fair street between Fraser street and Capitol avenue. Atlanta Consolidated Street Railway Co. 534 Street Hailavay FfiAxcmsES. REPORT OF COMMITTEE. Electric and Other Railways Committee report favorable, that au- thority and consent be granted the Atlanta Consolidated Street Rail- ^'^'i899^ ^^^^ way Company to make the extensions described in within petition, sub- ject to all conditions annexed to grants heretofore made to said com- pany, and on conditions, also, that said company, its successors and Approved^^^^^ assigns, shall obey existing ordinances, and such as may be passed, applicable to the subject. Concurred in May i, 1899. Atlanta Consolidated Company's Grant to Extend Double Tracks on Pryor Street to Alabama Street. To the Honorable Mayor and General Council of the City of Atlanta: Permission is hereby requested for the right to extend this com- pany's double tracks along Pryor street, connecting with the double tracks on Alabama Street, including necessary curves and switches. Atlanta Consolidated Street Railway Co. report of committee. Adopted May Electric and other Railways Committee favorably reported, subject cv)ncurred in to the Conditions in the grants heretofore made to said companv for May 4, 1899. *= ' Approved May this line, f), 1899. Grants to Atlanta Consolidated Street Railway Company ALONG Butler, Simpson and South Boulevard. report of committee. To the Honorable Mayor and General Council of the City of Atlanta: Your Committee on Electric and Other Railways respectfully reports upon the petition of the Atlanta Consolidated Street Railway Com- pany, as follows : Favorably, that authority and consent be granted said Atlanta Con- solidated Street Railway Company to construct, electrically equip and operate lines of street railway, as follows : From the intersection of Houston and Butler streets north alonu' Along Butler from Butlcr street to its intersection with Forrest avenue; also, from tlv Houston to Forrest avenue, intersection of Spring and Simpson streets along Simpson street to From Spring Orme strcct, thence along Orme street to Mills street, thence along along Simpson . ? ■-> to Orme. Mills street to Luckie street, there to connect with the line and track, or tracks, of the Atlanta Railway Company. Stkeet Railway Franchises. 535 Also from the intersection of Burns street to South lioulcvard. and ^^i.""f ^nd'"^ thence along South Boulevard to the city limits. ^;^l\l\^ ^^'I'J^' These grants are made subject to all the conditions specified in ''""ts. grants made to or for the use of the Atlanta Consolidated Street Kail- way Company, approved May 20, 1891, and of all subsequent grants to f'ond'H^ns- said company ; subject, also, to all existing laws and ordinances regu- lating the construction, operation and government of street railways and such as may be hereafter made applicable to the subject; and sub- ject, also, to the further condition that these grants shall expire with Appioveci the expiration of the grants to or for the use of said company, approved Mav 30, 18!)1. Auff. 25, Grant to the Atlanta Electric Railway Company for the Use of Certain Streets. Favorable re- port of com- REPORT OF COMMITTEE. x'Vtlanta, Ga., February 18, 1895. To the Honomhle Mat/or and General Council of the City of Atlanta: Your Committee on Electric and Other Eailways, to which was referred the matter of the application of the Atlanta Electric Railway Company, or of Dayton Hale, on behalf of said company, for a fran- [Jiieltion°'of^^ chise to construct and operate an electric street railroad, on the trolley Mc^Raiiway '^ system, and along the following streets, to-wit : From the city limits grwifs'"rom°'^ along Crew street to Georgia avenue, thence along Georgia avenue tOaiong'cJlw Loyd street,thence along Loyd street to Garnett street,and thence along avenue, 'i^ovd'^ Garnett street to Forsyth street, respectfully report, recommending streets tcTW- that authority and consent be given said company to construct and ^'^ operate said railway in the streets and parts of streets named, upon the following conditions : 1st. That said company, in the construction and operation of said railroad, shall be subject to all the laws and ordinances now in force, subject to aii governing the construction and operation of street railways, and to all such matters. " such, also, as may hereafter be enacted and made, pertaining to that subject. 2d. Without modifying or relaxing in any degree the general power of regulation heretofore annexed, as a condition to the granting ditions. of said franchise, that the following special conditions should be, and are, hereby annexed thereto : (a). Said railway company shall make and execute to the City of Atlanta a bond, with security satisfactory to the Mayor, in the sum of !?5>ooo. five thousand ($5,000.00) dollars, conditioned: 1st. For the begin- 536 Street Eailwat Franchises. ning and completion of its road within the time stipulated in this franchise, from the proposed terminus at tlie old waterworks prop- erty, belonging to the City of Atlanta, on South river, to the proposed terminus at the intersection of Forsyth and Garnett streets, in the witi!in*"ni'nftv ^^^J ^^ Atlanta, to-wit : To commence work within ninety days, and days. complete the road within six months from the approval of the grant of this franchise. 2d. For the prompt payment of rebates due the Shall pay tor ^i^J ^f Atlanta, and owners of property abutting on streets, or parts kelp"^ st?etts of streets, to be occupied by said company in the City of Atlanta, in repair. which havc bccn paved prior to the occupation of such streets by said company, and of any charges and assessments on account of such pav- ing to be hereafter done in streets to be occupied by said company, and, also, for the keeping in repair of the portion of the streets which the laws and ordinances require street railway companies to keep in repair, Shall protect ancl for the reimbursement of the City of Atlanta for any damages damage'"suits. wliich may be recovered against it on account of the failure of said company to keep the portions of any street or streets in repair, which the laws and ordinatices require said company to keep in repair ; and, also, for the prompt payment of rentals on any bridge which the cars of said company may cross in future, and for which the City of At- lanta shall charge rentals; and, also, for the reimbursement of the City of Atlanta for any damages to persons and property which it may have to pay on account of the occupation of said streets, or parts of streets, by said company during the construction and operation of said railway. The City of Atlanta, having a valuable property inter- est in the prompt completion and steady operation of the railway construcT'^aiV projectcd by said company, from the old waterworks property, belong- ing to the city, to the proposed terminus in the City of Atlanta, this bond shall be held to cover any damage which may result to the city, with reference to its property interests aforesaid, on account of its failure to promptly complete and steadily operate said railway. (h). In occupying Georgia avenue, between Crew street and Loyd This paragraph street, the City of Atlanta consents that the said company may, if it adopted. Can, arrange for the privilege of using jointly with the Atlanta Con- solidated Street Eaifway Company, the track on Georgia avenue, belonging to the Atlanta Consolidated Street Eailway Company, but if this is not done, the City of Atlanta requires, as a condition to. the grant of franchise, that said Atlanta Electric Railway shall, at its own expense, remove the track of the Atlanta Consolidated Street Railway Company, and replace it in such position as to be able to lay its own track alongside that of the Atlanta Consolidated Street Rail- way Company, so as to double track that part of Georgia avrnue. and also to replace the paving; this work to be executed under the super- vision of the City Engineer, and to his satisfaction ; and, in case of the joint occupation of that part of Georgia a-venue by the two street rail- Street Eailway Franchises. 537 way companies, the Consolidated Company is to share in the rebate to be paid on account of the paving of that portion of said street by the said Electric Eailway Company, according to the proportion of the expense of paving that part of Georgia avenue heretofore paid by said Consolidated Company. (c). The rails to be laid on the streets in the City of Atlanta are to be such as shall meet the approval of the City Engineer and the ^*''''' Committee on Electric and Other Kailways, and the city reserves the right to change the style of rail used by said railway company, on the streets in the city, from time to time, in order to accommodate par- ticular kinds of street paving which it may determine to use in the future. ((/). Said Electric Eailway Company will also be required to con- form to the various specifications and conditions in favor of the City ditions of '- W aterworks of Atlanta, stipulated in the lease contract between Hale Investment property lease. Company and the City of Atlanta, concerning the old waterworks property. ( e ) . The schedules on which cars are to be operated from the ter - ^^ ^^ ^^^^^^ minus in the city to the terminus at the old waterworks shall be "'''^■ such as to have one car going each way at least every sixty minutes, from a. m. to p. m., and the City of Atlanta reserves the right to require more frequent schedules, in the discretion of the Mayor and General Council, when necessary, in their judgment, to accommodate the travel between the terminal points and along the line of said railway. (The foregoing report was submitted to the General Council on February 18, 1895, and recommitted to Committee on Electric and Other Eailroads.) REPORT OF THE COMMITTEE ON ELECTRIC AND OTHER RAILROADS, SUB- MITTED MARCH 18, 1895. We recommend that the franchise be granted to the Atlanta Elec- tric Eailway Company, in accordance with the original report, made lasl'street V heretofore, to-wit: on February 18, 1895, by your committee, except ^uT^'" ^''^' that Bass street shall be substituted for Georgia avenue, and that au- thority and consent be given said company to construct and operate said railway, subject to all conditions and requirements specified in said report, in and along the following streets and parts of streets, to-wit : From the city limits along Crew street to Bass street, thence along Bass street to Loyd street, thence along Loyd street to Garnett is, i895. street, thence along Garnett street to Forsyth, and that sub-division Approved "//" of Section 2 be entirely stricken from the said original report. March 22. 1895. TELEPHONE FRANCHISES. Original Petition and Grant to James M. Ormes, Agent National Bell Telephone Company for a Telephone System. To the Honorable Mayor and General Council of the Ciiij of Atlanta: The jjetitiou of James M. Ormes, as the general agent of the Xation- al Bell Telephone Company, respectfully shows, that he has been direct- estabH")! Geor- ecl by his saicl company to come to Atlanta and there establish a branch fhe NatronLi° of Said company, to be known as "The Georgia Branch of the National Company!'' ^""^ Bell Telephone Company." He is now in the city for said purpose. Many citizens have subscribed for the telephones, and many more will. He respectfully asks that the City of Atlanta grant to The Georgia Branch of the National Bell Telephone Company the right to erect poles and place wires thereon, upon the various streets of the City of Atlanta. And petitioner will ever pray, etc. (Signed) James M. Oemes, By Julius L. Brown. Attornev. Granted April 21, 1879; provided, the kind and quality of poles to Giant of April be approved, and the place of their location upon the streets, under the direction of the Street Committee. The Various Grants to the Southern Bell Telephone and Telegraph Company Made by the City of Atlanta. Petitiox of Southern Bell Telephone and Telegraph Com- pany FOR Use of Certain Streets in which to Erect Poles. Atlanta, Ga., February 20. 1882. To the Honorable Mayor and General Council of the City of Atlanta: Gentlemen — In response to a request of His Honor J. W. Englislu Mayor, I hercwitli sid)iiiit lo yo\ir li()uoi-nl)l(' body (for your a])pi'ovnl) Telephone Franchises. 539 the principal routes on which we desire to place poles on which to pgtition no stretch our wires, as near as I can at present locate them, viz : On MaHeuf '^d"-" Marietta street from Peachtree to Rolling Mill, on Decatur street from and^Hea^hul. Peachtree to city limits, on Broad and Peachtree streets from ^lari- ^l'^^' y^lll etta to city limits, on Broad street from Marietta to Mitchell, on Ala- "r"\i'i;itei;S' bama street from Loyd to railroad, on West Hunter street from Broad jones""pfvor to railroad, on Mitchell street from Pryor to railroad, on Whitehall f t"pets'"'^ '' street from railroad to West End, on McDonough street from City Hall to Fulton street, on Jones street from McDonough to Washing- ton, on Pryor street to city limits, on Loyd street from Alabama to Hunter street. Besides these, there will be some single poles set to ena- ble us to reach subscribers who may not be directly on these routes. The poles we have for use are chestnut and cedar, ranging from twenty-six to fifty feet in height, of good size and sound green timber, are neatly dressed, and, after the lines are up, will be painted. Wherever we are obliged to remove the flagging, we will have it properly replaced, cut- and "flf^gins. ting it (if stone) to fit around the poles. If at any time we should remove a pole we will replace the flagging as good as before we removed it. Will set no poles directly in front of doors or gates, and, if possible, on or near the dividing line of the two properties joining. Will also guarantee the city against damage caused by our poles being placed on the streets. Asking that this matter be so adjusted that we may complete our work as soon as possible, we are. Respectfully, (Signed) The Southern Bell Telephone and Telegraph Co., H. H. Jackson, Manager. W. J. Cole, Assistant Superintendent. Granted Mar. Favorable to the within proposed work being done, under the con stant supervision of the Street Committee and City Engineer, and 6,"i882" upon the express conditions contained in the application. Per:^iit to Erect Building on Corner of South Pryor and East Mitchell Streets, and to Construct Underground Conduits IN Certain Streets. The Southern Bell Telephone and Telegraph Company is granted permission to erect a three-story and basement, stone and brick build- soutLm Beii ing, at the northeast corner of Pryor and Mitchell streets, suitable for ^l\lf;°^^ ^^^. a telephone exchange building, and to extend underground conduits, 'Jf"n, ^buiK to receive their wires and cables, from the corner of Pryor and Mitchell and"*'MitdieTi " streets to the following points: On Mitchell street from Pryor to '*''^''*'- Forsyth street, on Prvor street from Garnett to Peachtree street. 540 Telephone Franchises. Conduits on on Hunter street from Pryor to Broad street, on Alabama street o?HTOter^' i'rom Loyd to Forsyth street, on Decatur street from Loyd Aiabama,^^ oe^-_^ 10 Pcaclitree street, on Marietta street from Peaehtree to Forsyth catur and Whiteliall streets. treet, on Whitehall street from Garnett to Peaehtree street. Said conduits shall be constructed on plans to be submitted to, and approved ■'^^^' by, the Board of Electrical Control and City Engineer, and subject to all ordinances governing such work. Southern Bell Telephone and Telegraph Company Granted Permission to Construct Conduits in Peachtree, Hunter, EDGEW00D3 Garnett Streets, and across Peachtree Street. Under-ground conduits. Cirants to Southern Bell Company— Peachtree, Houston, Edg-ewood, Garnett and across Peach- tree street. Mar. 24, 1892. The Southern Bell Telephone and Telegraph Company is granted permission to put down underground conduits on the following streets : Peachtree from the junction of Pryor to corner of Forrest avenue. Hunter from Pryor to Whitehall street, Edgewood avenue from Pryor ro Courtland avenue, Garnett from Pryor to Whitehall street, also from junction of Pryor and Peachtree streets across Peachtree to Church and James streets. Said conduits are to be constructed on plans subject to the approval of the Board of Electrical- Control, and subject to all ordinances on the subject. Marietta axd Decatur Street Grants. Tlie Southern Bell Telephone and Telegraph Company is granted permission to put down underground conduits on the following streets : Marietta street from the corner of Forsyth street to junction of Wal- ton street, Decatur street from corner of Ivy street to corner of Pratt street, said conduits to be constructed on plans subject to the approval June 10, 1892. of the Board of Electrical Control, and .-subject to all ordinances on the subject. Southern Bell Telephone Company to lay conduit on Marietta and Decatur streets. Grant for Conduit, etc., on Broad Street. The Southern Bell Telephone and Telegraph Company is granted Southern Bell permission to ]nit down an underground conduit or sub-way from Ma- company'' niay rictta strcct aloug Broad street to Peachtree street, with manholes at Broad°"sVreet.°" comcr of Broad and Poplar streets, corner of Broad and Walton streets. Broad and Marietta streets, and other necessary points, and to construct such other conduits or sub-ways on said street as may be necessary or proper to make connections with buildings on said streets ; provided, however, that said conduits and all work connected tlierewith sliall be constructed on plans subject to the approval of tlie Board of Telephone Franchises. V n^ '"IS^i'"/ Electrical Control, and subject to all ordinances or regulations now in j^^^ gi, existence or that may hereafter pass, relative to telephone companies. Grants for Conduits in Certain Streets. The Southern Bell Telephone and Telegraph Company is hereby Southern Bell granted permission to put down underground conduits for telephone xeieph cables on East Mitchell street from Pryor to Washington street, and S^red^to fiy thence on Washington street from Mitchell street to Woodward ave- East^intcheii, nue, also on West Peachtree street from its junction with Peachtree and^^we^st'" to the corner of North avenue, with necessary manholes and distrib- streets.'^^'^ uting poles, as per diagram hereto attached, on condition that said work is to be executed under such municipal supervision as is provided for Mar 24 1898 by existing ordinances, and that the use of such conduits, manholes ' ' and poles is to be in accordance with the existing ordinances, and such as may hereafter be made applicable to the subject. Grant for Conduit in Xortii Avenue. The Southern Bell Telephone and Telegraph Company is granted permission to put down underground conduits on the north side of conduit on . North avenue. J\ orth Avenue, mside the curbing and under the sidewalk, from Peach- tree to West Peachtree street. These conduits to be put down for the purpose of bringing wires into the new building, and the work to be -^"'J' -^' is'^^- done subject to all the ordinances governing such matters. Grant for Conduit in Hunter Street. The Southern Bell Telephone and Telegraph Company i- authorized to lay an underground conduit on north side of Hunter J^1^p^°^.%u. street f ro^ Broad to Forsyth, and erect distributing poles at north- eonduft'^on" '^^ west corner of Broad and Hunter, and northwest corner of Forsyth """^'''' '^'■^^*- and Hunter; provided, it complies with all ordinances on the subject "^^'"' ""' ^^^^- of laying conduits, and under the direction of the Board of Electrical Control. Grant for Conduits in Whitehall Street. Southern Bell mi ^ 1 -r. n m 1 Telephone and Ihe .Southern Bell Telephone and Telegraph Company is granted Telegraph the right to put down underground conduits and manholes in White- thorized to " lay conduits hall street trom Garnett street to and across under the tracks of the «" whitehtii Central of Georgia Eailroad Company, said conduits to pass above the railroad tracks. 542 Telephone Fkaxchises. tracks of the Southern Railway Company underneath the l)ridge, sus- pended to the same, over said tracks; also to set the necessary distrihut- ing poles for the purpose of distributing wires from an underground system. Work shall begin on said imderground work within tliirty days and shall be completed before said street improvements are completed, which shall be within ninety days from the passage of this ordinance. All work shall he done subject to the direction and control of the Board of Electrical Control and ordinances existing, or that may be enacted. All telephone poles, except distributing poles from an under- ground system, shall be removed in ample time to prevent any interfer- ence with the street improvements. GitAXT FOR Conduits in Washinuton Street and Capitol Avenue. The Southern Bell Telephone and Telegraph Company is granted Southern Beu the right to put dowu Underground conduits and manholes on Wash- TeSaph ^""^ iugtou strcct f roui Woodward avenue to Eichardson street ; also on th°orized'^toTay Capitol Placc from Washington street to Capitol avenue, and on Capi- parts"of Wash- tol avcuuc froiu Capitol Place to Woodward avenue, with the neces- and*°Capitof ii&Yy distributing poles for the purpose of distributing wires from the underground system. All work under this ordinance to be done accord- ing to ordinances governing the manner of doing such work, and sub- ject to the direction and control of the Board of Electrical Control. .Iu]\ Grant to Cross Washington Street at Mitchell Street with Underground Conduit, etc. Soullieni Be The Southern Bell Telephone and Telegraph Company is hereb} Telephone authorized to extend its underoround conduit on ]\Iitchell street from Compan)' s '^ tend^conduH ""I'thwcst comcr of jMitclicll and Washington across Washington st"ee*f al'ioss ^^trect, and break the asphalt paving on Washington street for that Washington street. Sept. 12, 1S9!>. purpose; provided, said company, at its own expense, replaces said pav- nig in as good condition as it now is. (iliANT TO CoXSTRT'CT CoXDCIT IX TiMXITY .VvKXl'E. ETC. Tlie Southern Bell Teleplionc Company is hcrt'hv atulntrized to lay Southern Hell its uudcrground conduit in Trinity avenue fi'om the maiiliolc near Teleplione , . Company au- the noi'tlu'ast comcr of Prvor street and Trinitv avciuic (d F(U'svtli thorized to hiv i i i i i • i conduit on street, and hreak tiic iinck iiaNUii;- on rrN'oi' street loi- that iturpose; Trinity avenue. • , , • , , • , " , .,,.'. /ironilcil. said coiniJain-. at its own e.\|)ensi'. I'eplaee said |tavini:- in a-; good condition as it now is, and in all I'especl: n|)i\- Willi oniii Teleppioxe Franchises. 543 of said city in existence, or that may be enacted relative to telephone sept. 23, isrw. companies. Gkaxt to Ixcijease the Capacity of the Coxduit ix Garxett Street, etc. The Southern Bell Tele])hone Comj)any is herel)y authorized to increase the capacity of iis underground conduit in Garnett street from Telephone the manhole near the southwest corner of Pryor street and Garnett grant to in- street to the corner of Whitehall and Garnett streets, and break the of conduit on brick paving on Pryor street for that purpose ; provided, said company, at its own expense, replace said paving in as good condition as it now Sept. 23, isya. is, and in all respects comply with ordinances of said city in existence, or that may be enacted relative to telephone companies. The Various Grants to the Atlanta Standard Telephone Company Made by the City of Atlanta. Okigixal Petitiox for EsTABLisH:kiEXT OF A Telephoxe Ex- CHAXCtE. Georgia, Fultox' Couxty, City of Atlaxta. To the Mayor and General Council of Said Citi/: The petition of the Atlanta Telephone Company shows : That petitioner has obtained a charter from the Superior Court of Petition of said county for the construction and operation of a telephone ex- phone Co. change "*i**' the City of Atlanta, and other cities and towns in Georgia, Reference to in connection with said exchange to be erected and operated in the City of Atlanta. Petitioner further shows, that it has now over two thousand bona fide subscribers, citizens of Atlanta, ta its exchange for the term of five size of con- years, and is receiving subscriptions for telephones daily, additions to bu'Sne^ss^ its list of subscribers, and feels justified in saying that it will establish a telephone exchange in said city of at least three thousand telephones, and a large number from other cities and towns that will be operated in connection with the Atlanta Telephone Company's Exchange ; pro- vided, permission shall be given, as hereinafter prayed for. Petitioner pravs for permission to lav conduits as provided bv the ^ ^ ' ^ • Permission to ordinances or laws of said citv, in the following streets, to-wit : In ^^y conduits '^ ' in certain Broad street from Marietta street to the junction of Peachtree street, streets asked in Peachtree to Houston street, in Houston to Ivy street, in Ivy to the lunction of Peachtree street, in Broad from Marietta to Mitchell 544 Telephone Franchises. Physical equipment. Will conform to laws. street, in ]\Iitchell from Madison to Whitehall street, in Whitehall from Mitchell to Garnett street, in Hunter from Broad to Pryor street, in Alabama from Forsyth to Loyd street, in Walton from Broad to Foundry street, in Marietta from Broad to Peachtree street, in Peach- tree to Edgewood avenue, in Edgewood avenue to Ivy street, in Ivy to Gilmer street, in Gilmer to Pratt street, in Pratt to Decatur street. Petitioner prays further for permission and authority to be granted to it, giving it authority to construct, operate and maintain the lines of telephones and electric and telephone wires, including the necessary poles and equipments, and to construct the necessary manholes, and to make house and building connections upon, along and under the streets, alleys and public places; also to repair, replace and enlarge and extend the same, and to carry on the business of telephoning and renting electric telephones within the City of Atlanta. Petitioner also prays for all the rights, powers and privileges granted under ordinance of said city, approved September 25, 1891, and embraced in Sections 179 and 187, inclusive, and petitioner shows that it stands ready to comply with any and all requirements of the ordinance approved September 25, 1891, and embraced in the sections mentioned aforesaid, and with any other law, requirements, regula- tions or rules now in force in said City of Atlanta. Petitioner will furnish to the City of Atlanta, free of charge, as many telephones as said city may need, not exceeding twenty-five in number, as may be required for city purposes. Petitioner submits herewith for consideration, in passing upon this application, drawings or plats, showing the proposed line for conduits hereinbefore mentioned. Petitioner further shows that the telephone it will use in its ex- change will be superior to any heretofore in operation in this city, at prices nearly, if not quite, one-half the cost to its subscribers. And petitioner prays for all other rights, powers and privileges nec- essary for the construction, operation and maintenance of the tele- phone exchange in said city hereinbefore mentioned. James & Bell, EossER & Carter, Attorneys for Petitioners. Will furnish free twenty-five telepkones to the city. Plats of con- duits. Kind of tele- phone proposiHl to be used. April 20, 1896. Original (Irant. Apr 24, lS)'i. Section 1. The petition of the Atlanta Telephone Company, which was introduced in Council on the seventh day of April, 1896, and re- lanta Tele- fcrrcd to the Committee on Electric Lights, Telegraphs and Telephones, phone Cornpa- . , , . ■, 1 1 i t • ■ i t • ny embraced in IS hereby granted upon the terms proposed m said application, subject inclusive, is granted, . p • ^ subject to eon- Imsuiess ot saul company m accordance with recited. to the regulation of the construction and operation of thv lines and existint!,' (M-diiiances of the City of Atlanta, and sudi as niav be made il)le 1(1 the suh- Telephone Franchises. 545 ject; provided, this grant is subject also to the conditions hereinafter stated. Sec. 3. Before the Atlanta Telephone Company shall break gronnd in the limits of the City of Atlanta for the purpose of laying fJ;jf^j''4Xits conduits, plans and specifications showing the details of the entire g. B^oa^r^Tf""^^'' construction of the proposed system of conduits shall be submitted confroi?^ to and approved by the Board of Electrical Control of the City of At- lanta, and said Board of Electrical Control shall have the right to inspect and supervise the construction of such system of conduits, and said Board of Electrical Control shall have the right to reject any or all unsatisfactory material or work which may be discovered by them in the course of such inspection, and to require the removal of such rejected material and the replacing of rejected work and material: provided, said company if dissatisfied with the rulings of said Board of Electrical Control, shall have the right to have the matter finally decided by the Mayor and General Council. Sec. 3. Before breaking ground for the purpose of constructing -, ., . -, 1 11 • 1, 1 -4^1. -1 i. s°"'i °f *5,ooo conduits, said company shall give a bond, with one or more resident required. sureties, approved by the Mayor, in the sum of five thousand ($5,000) dollars, conditioned to indemnify and hold the City of Atlanta harm- less against damages to persons or property resulting from the open- ings in streets, or the collection of building material in the streets, arising from the work of said company, or its failure to keep any openings in the streets, or any materials collected in the streets, proi?- 1 ,,,.,„,., '11 Requirements erly protected by lights, fences, barricades and such other things as ^^r protection ■' \ J a 7 } ^ ^^ ^.^^^ ^^^ may be necessary to guard against injury to persons or property. It citizens, shall likewise l)e tlu' duty of said company, before breaking ground, to obtain a permit to make excavations from the Commissioner of Public Wofes, and to notify the Chief of the Fire Department of each intended excavation, and to also give a bond in the sum of two thou- ,,„„„, , '^ $2,000 bond re- sand ($3,000) dollars, with one or more sureties, to be approved bv the ^""'^'^ ^^ ^^'^- ^ ■> I r . antee that Mayor, conditioned so as to require said company to place every street ^^Jff^^^ opened or portion of a street opened by it for the purpose of laying conduits ^°o'^ '"'f'<''"- in as good condition and repair, immediately upon the completion of the work in any block, as it was before said opening was made, and to maintain the portion of the street lying above such conduit in like condition and repair, as provided for by existing ordinances. Sec. 4. Said company shall not be permitted to erect telephone poles on the part of any street, lane or alley where conduits are nowj^-^ j^,^ ^,. laid, nor elsewhere, in the inner fire limits of the City of Atlanta, but fi^rdistHct"''' may erect such poles on streets, lanes or alleys outside the inner fire limits of the City of Atlanta not now occupied by conduits, all of the material used to be subject to the inspection and approval of the City Electrician and Board of Electrical Control, which shall have the right to condemn and reject any unsatisfactory poles, or the equip- (35) 546 Telephone Franchises. Regrulation of prices to be charged. ment thereof, and to require the removal and replacement of defective or unsatisfactory poles, wires or equipment. Sec. 5. Said Atlanta Telephone Company shall not have the right to increase its charges for services above the rates specified in existing contracts, to-wit : Thirty-six dollars per annum for stores and offices, and twenty-four dollars per annum for residences, during the period of five years from the time' it begins to transact business, either for services furnished said contracting parties, or other ])ersons requiring similar services in the City of Atlanta. Sec. 6. The privilege granted in this ordinance shall be void unless said Atlanta Telephone Company shall begin work within ninety days from the approval of this ordinance, and complete the same to such an extent as to have a working telephone exchange, cap- able of accommodating one thousand subscribers, within eighteen months after the date of the approval of this ordinance. Sec. 7. The property of said company shall be subject to ad valo- rem taxation like other taxable property in the City of Atlanta ; unless the Mayor and General Council of said city shall substitute therefor a tax on instruments in use or on the tolls of the company, in which case such tax shall not exceed that collected from other companies doing the same class of business. Sec. 8. All ordinances and parts of ordinances in conflict with the foregoing ordinance are hereby rei^ealed. Property sub- ject to taxa- tion. April 24, 1896. Grant for Conduits in Broad and Other Streets. Conduits in Broad and other streets hereinafter named. The Atlanta Telephone Company is granted permission to construct underground conduits in the following streets : Broad from Mitchell ro the junction of Peachtree, Peachtree to Houston, Houston to Ivy, Ivy to junction of Peachtree, Marietta from Broad to Peachtree, Peachtree to Edgewood avenue, Edgewood avenue to Ivy, Ivy to Gil- mer, Gilmer to Pratt, Pratt to Decatur, Walton from Broad to Foun- dry, Mitchell from Madison to Whitehall, Whitehall to Garnett, Hunter from Broad to Loyd, Alabama from Forsyth to Loyd; said conduits to be constructed on plans subject to the approval of the Board of Electrical Control, and subject to all ordinances on the sub- ject. Conflicting laws are repealed. Petition for Extension of Time in Which to Co.m:mence Work. Georgia, Fultox County, City of Atlanta. To the Honorable Mayor and General Council of the City of Atlanta: The petition of tlio Athuita Tclcpliono Company sliow? that on the Telephone Franchises. 547 twentieth of April, 1896, a franchise was granted to petitioner by thep^^j^j^^ ^^^^^ Mayor and General Council of said city, which franchise was approved ^ant!^'"*' by Mayor of said city on the twenty-fourth day of April, 1890. In Section 6 of said franchise so granted it is provided : "Be it further ordained by the authority aforesaid. That the privilege granted in this ordinance shall be void unless said Atlanta Telephone Company shall begin work within ninety days from the approval of this ordinance, and complete the same to such an extent as to have. a working tele- phone exchange, capable of accommodating one thousand subscribers, within eighteen months after the date of the approval of this ordi- nance." Petitioner further shows that since the granting of said franchise it has proceeded : 1. To fully organize for the purpose of erecting a telephone sjs- ^^^^^^^^^J°\^ tem in said City of Atlanta as heretofore specified in the petition upon f^"^^| In^hl- which the franchise was granted. ^^"^^^^ '^'°^^- 2. Petitioner has purchased three thousand telephones, with the privilege of increasing said number over three thousand telephones as may l)e necessary. 3. Petitioner has made contract for the material to lay conduits in said city, which contract was entered into with Stevens Bros. & Co., of Macon, Ga., who are now, and have been for some time past, engaged in the manufacture of material for conduits, etc. 4. Petitioner has made contract with J. E. Holcomb and others certain con- of thlWity for the purpose of building manholes and putting in the been ^madr entire system of conduits for petitioner, as is specified in the ordinance granting petitioner the right to lay conduits in said city. 5. Petitioner has purchased the poles and a great deal of other material for the purpose of building its system in said city. 6. Petitioner makes these statements to show its good faith in proceeding with the erection of its telephone system. Wherefore petitioner prays that said franchise so granted be amended so as to continue the privileges therein granted to actually sion ortime^'^' commence work in the city for sixty days longer, or that the Mayor and General Council recognize what has been done as beginning work within the meaning of the contract. And your petitioner will ever pray. Atlanta Telephone Company, Petitioner. Grant Extending Time in Which to Commence Work. Section 6 of an ordinance granting a franchise to the Atlanta Tel- ephone Company, which was passed by the Council on the twentieth of ^*tt"davs°^ April, 1896, and approved by the Mayor, and entitled "An ordinance fo^'tommence*''' providing for the granting of the petition of the Atlanta Telephone work. 548 Telephone Franchises. Company for permission to construct and operate a telephone exchange in the City of Atlanta/' is amended by striking the figures "90"'' between the words "within" and "days" and insert in lieu thereof 150, so that such section when amended will read as follows, to-wit: The privi- lege granted in this ordinance shall be void unless said Atlanta Tele- jihone Companv shall begin work within one hundred and fifty days from the approval of this ordinance, and complete the same to such an extent as to have a working telephone exchange, capable of accom- modating one thousand subscribers, within eighteen months after the date of the approval of this ordinance. Sec. 2. All the rights, powers and privileges granted to said At- lanta Telephone Company in the ordinance mentioned aforesaid, which was passed by the Mayor and General Council of said city on the twentieth day of April, 1896, and approved by the Mayor, are hereby extended and granted to it for and during the time, and on the condi- tions stated in the first section of this ordinance. Void unless work is actual ly begun. .July 24, 1896. The rights heretofore granted are continued. Grants for Conduits in Loyd and Other Streets. All ordinance authorizing the Atlanta Telephone Company to on struct underground conduits in I, 1854. W. W. Baldwin resigned .Tuly 22, 18,54. Kli J. Hulsey sworn in .\ugust 14, 1854. (c) Allison Nelson resigned July (>, 1855. .lolm Olenn sworn in July '2(), 1S.55. .lohn Clen resigned as councilman July 20, 1S55. T. ('. II. Wilson sworn in Avit-iist 3, isr.5. John Farnir resigned February 23, 1855. Robert M. ClarUe sworn in \hiicli in, 1S55. Mayors and Members of Council. 557 L. H. Davis,* C. H. Strong,* T. L. Thomas,* C. E. H4iilciter,* Thomas Kile,* Green B. Haygood, 185G (d). Mayor — William Kzzard.* COUXCILMEN. J. F. Albert,* Ezra x^ndrews, James L. Terry," L. J. Parr,* A. B. Forsyth,* John B. Peck. 1857. Mayor — William Ezzard.* COUNCILMEN. W. W. Sharp,* L. C. Simpson,* J. B. Peek, W. T. Farnsworth,* James F. Alexander, W. C. Lawshe,* H. C. Holcombe,^ John Glen,* John Farrar,* I. 0. McDaniel.* 1858 (a). Mayor — Luther J. Glenn.* COUNCILMEN. John Collier,* William Kushton,* James E. Williams, John H. Mecaslin, Hayden Coe,* William T. Wilson.* F. H. Coleman,* Thomas F. Lowe,* J. M. Blaekwell, George S. Alexander, J. A. Hayden,* 1859. Mayor — Luther J. Glenn.* COUXCILMEX. Thomas Haney, William Watkins,* J. M. Blaekwell, Alexander ]\[. Wallace, B. :\r. Smith, Thomas G. Healey,* James L. Dunning,* C. F. Wood,* T. E. Eipley,* C. IT. Wallace.* (d) T. L. Thomas resigned .June 27, 1850. Green B. Haygood sworn in July 18, lSr)6 C. R. Hanleiter resigned November 21, 1856. .John B. Peck sworn in December 5, 1856. (a) George S. .Alexander resig:ned June 4, 1858. William T. Wilson sworn in .July, 18.58. 558 Mayors and Members of Council. H. H. Glenn,* P. E. McDaniel,* J. E. D. Osborne,* S. B. Sherwood,* Isaac Winship,* James E. Crew * 1860 (b). Mayor — William Ezzard.* COUNCILMEN. J. B. Norman,* James Clarke,* M. T. Castleberry,^ John E. Wallace,* James F. Lewis,* N. L. Angier.* 1861 (c). Mayor — Jared I. Whittaker* — Thomas F. Lowe.* COUNCILMEN. Felix Hardeman,* W^illiam Watkins,* S. B. Love, S. B. Eobson,* Thomas Kile,* James G. Kelley,* F. C. House,* James E. Crew,* Eobert Crawford,* J. H. Mecaslin, James Lynch,* S. B. Oatman. Isaac E. Bartlett,* James E. Crew,* John F. Farrar,* Wm. Barnes,* C. W. Hunnicntt, E. E. Sasseen,* James Noble, Jr. 1863 (d). Mayor — James M. Calhoun.* COUNCILMEN. S. B. Oatman, James E. Williams, James G. Kelley,* Wm. B. Cox,* John H. Flynn,* F. D. Thurmond.* (b) James Clarke resigned July 6, ISOO. James H. Crew swurn in July 27, 1860. James F. Lewis resigned September 6, 1860. N. L. Angier sworn in September 28, 1860. (c) Jared L Whitaker resigned November 25, 1861. Thomas F. Lowe sworn in December 13, 1861. S. B. Love resigned July 6, 1861. James G. Kelley sworn in August 3, 1861. F. C. House resigned October 25, 1861. S. B. Oatman sworn in December 13, 1861. (d) E. R. Sasseen sworn in -June 20, 1862. W. B. Cox resigned May 30, 1862. F. 1). Thurmond sworn in April 11, 1862. John Farrar resigned March 7, 1862. James Noble, Jr., sworn in September 12, 1862. William Barnes resigned August 22, 1802. ( Mayors and Members of Council. 559 1863 (a). Mayor — James M. Calhoun. IsaJc E. Bartlett,* James G. Kelley,* C. W. Hunnicutt, L. C. Wells,* E. E. Eawsou,* James i^oble, Jr., James E. Gullatt * COUNCILMEX. Jame s E. William. E. E. Sasseen,* A. C. Wyly^* S. B. Oatman, F. D. Thurmond,* Perino Brown, Z. A. Rice.* L. C. Wells,* Eobert Crawford,* Perino Brown, J. A. Taylor,* John T. Jones, :N'. E. Fowler. 1864 (b). Mayor — James M. Calhoun.* COUNCILMEX. E. E. Eawson,* Z. A. Eiee,* Thomas S. Powell,'' William Watkins,* James E. Gullatt,* John Collier,* T. E. Eipley,* J. X. >Simmons,* B. X. Williford,* G. W. Terry, E. E. Sasseen.* 1865 (c). Mayor — James M. Calhoun.* COUNCILMEX. Lewis L. Salmons,* L. S. Mead,* Z. A. Eiee,* F. M. Eichardson,* T. W. J. Hill,* (a) C. W. Hunnicutt resigned April 17, 1863. A. C. Wyly sworn in May 8, 1863. -James ISToble, Jr., resigned May 29, 1863. James E. Gullatt sworn in June 19, 1863. Isaac E. Bart- lett resig-ned June 26, 1863. L. C. Wells sworn in July 10, 1863. A. C. Wyly resigned August 21, 1863. Z. A. Rice sworn in September 11, 1863. E. R. Sasseen resigned as member from the Fourth ward August 21, 1863. E. R. Sasseen sworn in as a member from the Fifth ward Septemlier 11. 1863. (b) J. A. Taylor resigned March 4,. 1S64. Thomas S. Powell sworn in March 18, 1864. (c) T. \V. J. Hill declined to be sworn in as co\mcilman. Z. A. Rice sworn in March 5. 1S65. 560 Mayors and Members of Council. A. P. Bell,* Robert Crawford,* Anthony Murphy, D. P. Ferguson, James G. Kelley,* B. D. Smith,* M. T. Castleberry,* W. C. Anderson,* A. P. Bell,* J. A. Hayden,* A. W. Mitchell,* W. B. Cox,* E. E. Eawson * 186G (d). Mayor — James E. Williams. COUXCILMEX. P. E. McDauiel,* W. T. Mead,* Robert M. Farrar, F. M. Richardson,* J. H. Porter,* A. W. Mitchell.* 1867 (a). Mayor — James E. Williams. COUNCILMEX. F. M. Richardson,* J. E. Gullatt,* Richard Peters,* D. P. Ferguson, G. W. Terry, Anthony Murphy, E. W. Holland.*^ 1868. No election was held, and the Mayor and Council of 1867 held over during this year by order of the military commander. J. P. Mayes,* V. P. Sisson, S. R. McCamy,* D. C. 0'Keefe,=^ M. Mahonev, 1869. Mayor — William H. Hulsey. COUXCILMEN^. E. J. Roach,* E. P. Howell, W. H. Brotherton, W. C. Anderson,* E. R. Carr.* (d) James U. Porter resifjned May 18, IS'iC Hdl.cit M. Kariar swoni in May 18, ISOfi. ]'. K. MoDanioI resigned June 22, 1866. A. W. Mitcliell sworn in June 22, 1866. (a) D. P. Ferguson resigned February 15, 1867. Richard Petei-s sworn in February 22 1867. F. if. Richardson resigned February 1.5, 1867. E. E. Rawson sworn in February 22 1S67. W. B. Cox resigned February 15, 1867— re-electe9 and sworn in February 22, 1867 Anthony Murphy resigned February 15, 1867. J. X. Hayden sworn in February 22, 1867, A. P. Rtll resigned April 19, 1867. E. W. Holland appointed by General Pope April 26, 18C7, Mayors and Members of Council. 561 1870. Mayor — William Ezzard. COUNCILMEN. M. T. Castleberry,* James G. Kelley,* A. Murphy, Volney Dunning, M. Mahonev, J. H. Callaway,* E. P. Howell,' D. C. O'Keefe,* W. C. Anderson,* A. L. Fowler.* C. W. Wells, S. W. Grubb,* Frank P. Eice, R. J. Lowry, Wm. Finch, 1871. Mayor — D. F. Hammond.* COUNCILMEN. N. A. McLendon, D. D. Snyder, C. P. Cassin,* George Graham,* A. L. Fowler.* 1872. Mayor — John H. James. COUNCILMEN. C. W. Wells, C. C. Hammock,* L. P. Grant,* H. L. Wilson, A. Leyden,* J. P. Mayes,* R. M. Farrar, M. T. Castleberry,* E. J. Roach,* T. A. Morris, T. W. J. Hill,* A. L. Fowler,* W. L. Morris,* R. C. Mitchell. 1873. Mayor — C. C. Hammock.* W. H. Brothcrton, D. A. Beatie,* Frank P. Rice, J. C. McMillan,* ]N[. A. McLendon, John W. Sparks,* D. A. McDuffie,* (36) COUNCILMEN. G. T-. Dodd, John H. Mecaslin, John M. Boring,* John F. Morris.* R. C. Young, J. H. Goldsmitli. J. N. Langston. 562 Mayors and Members of Councii* 1874. Mayor — S. B. Spencer. COUNCILMEN. A. Haas, John Keely,* E. C. Young, John H. Flynn,* J. H. Goldsmith, A. L. Fowler,* J. C. McMiUan,* John B. Goodwin, W. D. Ellis, James G. Kelley,* J. C. Watkins, M. T. Simmons,* D. A. McDuffie,* J. N. Langston. 1875. Mayor — C. C. Hammock.* Mayor Pro Tem. — Aaron Haas. Aldermen. A. J. West, E. F. Maddox,* Aaron Haas. Councilmen. AVard 1 — John B. Goodwin, John D. Turner. Ward 2— J. W. Goldsmith, W. D. Ellis. Ward 3— D. A. Beatie,* T. A. Morris. Ward 4— J. H. Flynn,* J. S. Garmany.* Ward 5— J. A. Eichardson, Frank P. Eice (a), A. N. Hunt. 1876. Mayor — C. C. Hammock.* Mayor Pro Tem.— E. F. Maddox.* Aldermen. E. F. Maddox,* 0. H. Jones,* A. J. West (b). J. C. McMillan.* Councilmen. Ward 1 — John B. Goodwin, George H. Gramling.* Ward 2— J. W. Goldsmith, E. P. Chamberlain.* Ward 3— D. A. Beatie,* William Gray.* Ward 4— J. H. Flynn,* S. Hape. Ward 5 — J. A. Eichardson, S. T. Biggers. (a) F. P. Rice resigned March 1, 1875, and A. N. Hunt elected to fill the vacancy, and was sworn in March 15, 1875. (b) A. J. West, who had been elected to serve during the j'ears 1875, 1876 and 1877, resigned August 21, 1876, and J. C. McMillan was elected September 2, 1876, to fill the vacancy, and was sworn in September 4, 1876. ^ Mayors and Members of Council. 563 1877. Mayor — N. L. Angier.* Mayor Pro Tem.— J. C. McMillan.* Aldermen. J. C. McMillan,* 0. H. Jones,* M. T. Castlebcrry.* COUNCILMEN. Ward 1— Geo. H. Gramling,* M. E. Maher.* Ward 2— E. P. Chamberlain,* G. J. Dallas. Ward 3— Wm. Gray,* J. M. Buice.* Ward 4— C. K. Maddox, S. Hape. El 1878. Mayor — N. L. Angier.* Mayor Pro Tem. — 0. H. Jones.* Aldermen. O. H. Jones,* M. T. Castleberry,* R. C. Mitchell. COUNCILMEN. Ward 1— M. E. Maher,* J. M. Boring.* Ward 2— G. J. Dallas, E. A. Werner.* Ward 3— J. M. Buice,* W. E. Hanye. Ward 4— J. H. Flynn,* C. K. Maddox. Ward 5— B. B. Crew, Jas. W. English. 1879. Mayor — W. L. Calhoun. Mayor Pro Tem.— M. T. Castleberry.* Aldermen. M. T. Castleberry,* R. C. Mitchell, John B. Goodwin. COUNCILMEN. Ward 1— J. M. Boring,* E. A. Baldwin. Ward 2— E. A. Werner,* W. D. Ellis. Ward 3— W. E. Hanye, J. K. Thrower. Ward 4— J. H. Flynn,* W. H. Patterson. Ward 5— B. B. Crew, A. P. Stewart. 564 Mayors and Me:mbers of Council. 1880. Mayor — W. L. Calhoun. Mayor Pro Tem.— K. C. Mitchell. Aldermen. R. C. Mitchell, John B. Goodwin, Chas. Beerman.* COUNCILMEN. Ward 1— J. J. Barnes, E. A. Baldwin. Ward 2— W. D. Ellis, John Berkele. Ward 3— J. K. Thrower, T. J. Buchanan. Ward 4— W. H. Patterson, T. J. Boyd. Ward 5— A. P. Stewart, L. C. Jones.* 1881. Mayor — Jas. W. English. Mayor Pro Tem. — John B. Goodwin. Aldermen. John B. Goodwin, Chas. Beerman,* R. J. Lowry. Councilmen. Ward 1 — J. J. Barnes, A. J. Pinson.* Ward 2— R. H. Knapp, John Berkele. Ward 3— D. A. Beatie,* T. J. Buchanan. Ward 4— Jack W. Johnson, T. J. Boyd. Ward 5— W. D. Payne, L. C. Jones.* 1882. Mayor — Jas. W. English. .Mayor Pro Tem. — Charles Beerman.* Aldermen. Chas. Beerman,* R. J. Lowry, Thos. G. Healey.* Councilmen (a). Ward 1— W. D. Mitchell,* W. H. Brotherton, A. J. Pinson.* Ward 2— Frank T. Ryan, R. H. Knapp. Ward 3— Z. W. Adamson, D. A. Beatie.* AVard 4— W. K. Howell,* Jack W. Johnson. Ward r,— W. C. Reynolds, W. D. Payne. (a) W. D. Mitchell died April 20, 1882, and W. H. Brotherton was, on May 11. 1882. elected to fill the vacancy, and was sworn in May 15, 1882. Mayors and Members of Council. 565 1883. Mayor — John B. Goodwin. Mayor Pro Tem. — R. J. Lowry. Aldermen. R. J. Lowry, T. G. Healey,* J. H. Mecasliu. Councilmen. Ward 1— W. H. Brotherton, J. A. Gray. Ward 2— F. T. Ryan, Vol. Dunning. Ward 3— Z. W. Adamson, S. W. Day. Ward 4— W. H. Howell,* B. F. Longley. Ward 5 — W. C. Reynolds, E. Haiman. 1884. Mayor — John B. Goodwin. Mayor Pro Tem.— T. G. Healey.* Aldermen. T. G. Healey,* J. H. Mecaslin, H. C. Stoekdell. Councilmen. Ward 1— J. A. Gray, J. M. McAfee. Ward 2 — Vol. Dunning, Max Kutz. Ward 3— S. W. Day, C. W. Mangum. Ward 4 — B. F. Longley, W. M. Mickelberry. Ward 5— E. Haiman, E. Van Winkle. Ward 6~M. Mahoney, J. T. Cooper. 1885. Mayor — George Hillyer. Mayor Pro Tem. — J. H. Mecaslin. Aldermen. J. H. Mecaslin, H. C. Stoekdell. John R. Gramling.* J. T. Cooper, H. G. Hutchison. Councilmen. Ward 1— J. M. McAfee, W. M. Middlebrooks. Ward 2— Max Kutz, W. J. Garrett.* Ward 3— C. W. Mangum, D. A. Beatie,* Ward 4— W. M. Mickelberry, E. F. May.* Ward 5— E. Van Winkle, Z. A. Rice.* Ward 6— M. Mahoney, J. C. Kirkpatrick. 566 Mayors and Members of Couxcil. 1886. Mayor — George Hillyer. Mayor Pro Tem. — H. G. Hutchison. Aldermen. H. C. Stockdell, John E. Gramling,* J. T. Cooper, H. G. Hutchison, Chas. A. Collier. Councilmen. Ward 1 — W. M. Middlebrooks, Wm. Kinyon.* Ward 2—W. J. Garrett,* I. S. Mitchell. Ward 3— D. A. Beatie,* E. A. Angler. Ward 4— E. P. May,* A. L. Greene.* Ward 5— Z. A. Rice,* Jas. Bell. Ward 6— J. C. Kirkpatrick, G. G. Roy. 1887. Mayor — John Tyler Cooper. Mayor Pro Tem. — Chas. A. Collier. Aldermen. Jno. R. Gramling,* J. H. Mecaslin, Chas. A. Collier. W. A. Hemphill, R. T. Dorsey. Councilmen. Ward 1 — Wm. Kinyon,* G. H. Tanner. Ward 2—1. S. Mitchell, H. A. Boynton. Ward 3— E. A. Angier, E. T. Allen.* Ward 4 — A. L. Greene,* L. B. Nelson. Ward 5— Jas. Bell, H. M. Beutell. Ward 6— G. G. Roy, Frank P. Rice. 1888. Mayor — John Tyler Cooper. Mayor Pro Tem. — Chas. A. Collier. Aldermen. Chas. A. Collier, W. A. Hemphill, J. H. Mecaslin, Albert Howell, Jacob Haas. Councilmen. Ward 1— G. H. Tanner, Jas. M. Stephens. Ward 2— H. A. Boynton, P. J. Moran. Ward 3— E. T. Allen,* J. G. Woodward. Ward 4 — L. B. Nelson, S. A. Morris. Ward 5— H. M. Beutell, A. P. Thompson. Ward 6 — Frank P. Rice, M. F. Amorous. Mayors and Members of Council. 567 1889. Mayor — John T. Glenn."' Mayor Pro Tem. — W. A. Hemphill (a). Aldermen. W. M. Middlebrooks, Jacob Haas, Albert Howell, J. H. Mecaslin, W. A. Hemphill, H. G. Hutchison. COUNCILMEN. Ward 1 — Jas. M. Stephens, Joseph Hirsch. Ward 2 — P. J. Moran, J. J. Meador. Ward 3— J. G. Woodward, A. S. Bobbins.* Ward 4 — S. A. Morris, J. S. McLendon. Ward 5 — A. P. Thompson, A. L. Kontz. Ward 6 — M. F. Amorous, H. T. Inman. • 1890. Mayor — John T. Glenn.* Mayor Pro Tem. — H. G. Hutchison. Aldermen. Jacob Haas, H. G. Hutchison, A. M. Keinhardt, Albert Howell, W. M. Middlebrooks, Jas. G. Woodward. Councilmen. Ward 1 — Joseph Hirsch, Jesse P. Kinyon.* Ward 2— J. J. Meador, A. J. McBride. Ward 3— A. S. Eobbins,* Wm. H. Hulsey. Ward 4 — J. S. McLendon, J. C. Hendrix. Ward 5 — A. L. Kontz, Joseph Lambert. Ward 6 — H. T. Inman, Porter King. 1891. Mayor — W. A. Hemphill. Mayor Pro Tem. — W. M. Middlebrooks. Aldermen. H. G. Hutchison, A. M. Eeinhardt, Frank P. Rice, W. M. Middle- brooks, Jas. G. Woodward, A. J. Shropshire. Councilmen. Ward 1 — Jesse P. Kinyon,* Joshua Tye. Ward 2— A. J. McBride, H. C. Sawteli. Ward 3 — Wm. H. Hulsey, Arnold Broyles. Ward 4— J. C. Hendrix, C. E. Murphy. Ward 5 — Joseph Lambert, J. D. Turner. Ward 6 — Porter King, A. L. Holbrook. (a) By Act of General Assembly of Georgia, approved September 4, 1889, the Mayor pro tem. is made the presiding officer over General Council and Board of Aldermen, except when elections are held and at first meeting in January of each year. 568 Mayors and Members of Council. 1892. Mayor — W. A. Hemphill. Mayor Pro Tem. — A. M. Reinhardt. Aldermen. A. M. Eeinbardt, J. G. Woodward, Frank P. Eice, A. J. Sliropsliire, W. W. Boyd, J. M. Stephens. COUNCILMEN. Ward 1 — Joshua Tye, 0. Reneau.* Ward 2— H. C. Sawtell, Jno. A. Colvin. Ward 3 — Arnold Broyles, J. F. McWaters. Ward 4— C. E. Murphy, Wm. P. Hill. Ward 5— J. D. Turner, C. S. Northen. Ward 6— A. L. Holbrook, T. D. Meador. 1893. Mayor — John B. Goodwin. Mayor Pro Tem. — A. J. Shropshire. Aldermen. A. J. Shropshire, Frank P. Rice, W. W. Boyd, J. M. Stephens, Arnold Broyles, Phil. H. Harralson. COUNCILMEN. Ward 1 — 0. Reneau,* Jos. HirscL. Ward 2— John A. Colvin, H. C. Stockdell. Ward 3— J. F. McWaters, D. A. Beatie.* Ward 4— Wm. P. Hill, W. E. Dimmock. Ward 5— C. S. Northen, Zach. Martin. Ward 6— T. D. Meador, Edward C. Peters. 1894. Mayor — John B. Goodwin. Mayor Pro Tem. — Arnold Broyles. Aldermen. W. W. Boyd, J. M. Stephens, Arnold Broyles, PhiL H. Harralson, Albert Howell, John A. Colvin. Councilmen. Ward 1 — Jos. Hirsch, M. P. Camp. Ward 2— H. C. Stockdell, M. M. Welch. Ward 3— D. A. Beatie,* R. P. Dodge. Ward 4— W. R. Dimmock, W. J. Campbell. Ward 5— Zach. Martin, J. H. Welch. Ward 6— Edward C. Peters, C. E. Harman. Ward 7— John W. Nelms. Mayors and Members of Council. 569 1895. Mayor — Porter King. Mayor Pro Tem. — Arnold Broyles. Aldermen. Arnold Broyles, Phil. H. Harralson, Albert Howell, John A. Colvin. Joseph Hirsch, M. L. Tolbert. COUNCILMEN. Ward 1— M. P. Camp, T. C. Mayson. Ward 2— M. M. Welch, T. J. Day. Ward 3— R. P. Dodge, W. S. Bell* Ward 4— W. J. Campbell, J. A. Miller. Ward 5— J. H. Welch, Geo. H. Sims. Ward 6— C. E. Harman, H. T. Inman. Ward 7— J. W. Nelms. 1896. Mayor — Porter King. Mayor Pro Tem. — Joseph Hirsch. Provisional Mayor Pro Tem.— W. R. Dimmock. Aldermen. John A. Colvin, Joseph Hirsch, Albert Howell, M. L. Tolbert, J. G. Woodward, W. R. Dimmock. COUNCILMEN. Ward 1— T. C. Mayson, L. P. Thomas. Ward 2— T. J. Day, J. E. Maddox. Ward 3— W. S. Bell,* W. E. Adamson. Ward 4— J. A. Miller, S. A. Morris. Ward 5— Geo. H. Sims, A. P. Thompson. Ward 6— H. T. Inman, J. A. Hutchison. Ward 7 — H. L. Culberson. 1897. Mayor — Chas. A. Collier. Mayor Pro Tem. — W. R. Dimmock. Aldermen. Jos. Hirsch, M. L. Tolbert, W. R. Dimmock, J. G. Woodward, F. P. . Rice, I. S. Mitchell. 570 Mayors and Members of Council. councilmen. Ward 1— J. J. Barnes (a), M. P. Camp. Ward 2— J. E. Maddox, E. T. Dorsey. Ward 3 — W. E. Adamson, E. S. Lumpkin. Ward 4— S. A. Morris, G. P. Howard. Ward 5— A. P. Thompson, L. P. Stephens. Ward 6— J. A. Hutchison, E. C. Peters. Ward 7— H. L. Culberson. 1898. Mayor — Chas. A. Collier. Mayor Pro Tem. — W. E. Dimmock. Aldermen. W. E. Dimmock, J. G. Woodward, F. P. Eice, I. S. Mitchell, J. D. Turner, James L. Mayson. COUNCILMEN. Ward 1— M. P. Camp, M. T. LaHatte. Ward 2— E. T. Dorsey, G. B. Adair. Ward 3— E. S. Lumpkin, E. P. Burns. Ward 4— G. P. Howard, W. S. Thomson. Ward 5— L. P. Stephens, D. N. McCullough. Ward 6— E. C. Peters, T. A. Hammond, Jr. Ward 7— J. S. Dozier. 1899. Mayor — J. G. Woodward. Mayor Pro Tem.— I. S. Mitchell. Aldermen. F. P. Eice, I. S. Mitchell, J. D. Turner (b), James L. Mayson, S. W. Day, J. W. Kilpatrick. Councilmen. Ward 1— M. T. LaHatte, J. H. Harwell. Ward 2— G. B. Adair, J. J. Maddox. Ward 3— E. P. Burns, J. S. Holland. Ward 4— W. S. Thomson, J. S. Parks. Ward 5— D. N. McCullough, A. P. Thompson. Ward G— T. A. Hammond, Jr., G. G. Eoy. Ward 7— J. S. Dozier, J. W. Pope. (a) J. J. Barnes elected December, 1896, to fill the unexpired term of L. P. Thomas, resigned. (b) J. D. Turner resigned as alderman on September 4, 1899, to take effect October 1, 1899. Election to fill vacancy called tor first Wednesday in December, 1899. INDEX INDEX. AFFRAYS. Persons summoned to .suppress. . . .1844 ALABAMA FLIPS. Use of on streets prohibited, Pen- alty 1812, 1813 ALABA^klA STREET. Extension of 131 et seq. ALDERMEN. Rules for government of p. 450 Board of, number and liow elected.. 30 Power vested in 28 FJx-officio J. P 51 Ineligible as Couneilmen 29 For succeeding term 30 No vote on certain questions when originally presentea 31 Salary of , 30 Not individually liable if vote re- corded 72 Oath of administered by Mayor 27 Holding office under U. S. disquali- fies 61(a) Becomes ineligible when 313 ALLEYS. (See Streets and). ANIMALS. Cruelty to 1960 Carrying diseased through streets.. 783 Keeping calves muzzled 1961 Feeding on streets 1852 Tight reins on horses 1962 Vicious, running at large 1096 Penalty section 1963 Dead— J3umping into streams prohib- ited 320 Carcasses removed beyond lim- its 748, 809 City not liable for removal of, 810 Contractor for removal of to give bond 811 Owners' rights as to, respected, 812 Removal of 813 Report of. made to Sanitary Inspector 814 Small animals sent to dump- ing ground 816 Vehicles for removing 815 APPEALS. Right of 83, 292 From award of Assessors not to delay work 293 Tender of acceptance not to pre- vent 294 APPENDIX. Mayor and General Council, rules for government of p. 447 Aldermanic Board rules p. 450 Board of Water Commissioners, rules for p. 451 Atlanta Waterworks, regulations, p. 452 Atlanta & Chattahoochee River Railwav Co., franchise of p. 464 Collins Park & Belt R. R. Co., franchise pp. 467, 468 Ansley, Edwin P., grant to p. 479 Atlanta, West End & McPherson Barracks Ry. Co., grants to... p. 481 Atlanta Traction Co., and Atlanta City St. Ry. Co., grants to pp. 485, 492, 494 A. S. Seals et al., petition of... p. 490 Atlanta Telephone Co., under- ground conduits pp. 546, 551 Atlanta Standard Telephone Co., permission to lay conduits, pp. 550, 552, 553 Joel Hurt and a. A. Glasier. pe- tition of p. 506 Atlanta Street Railroad Company, report of committee on p. 508 Petition to use certain streets, p. 509 Gate City Street R. R. Co., peti- tion, etc p. 5 1 2 Atlanta Consolidated St. Ry. Co., petition, etc pp. 513 to 534 Atlanta Electric Ry. Co., grant to p. 535 Telephone franchises ... p. 538 et sr(i. APPROPRIATIONS. Annual, not to be exceeded 49S For various departments 76 Heads of departments to file state- ments for apportionment. . . .997, 998 Fiscal year, when and how made... 76 Sanitary purposes 247, 173 For expenses for six months.. 228, 229 Account kept by Commissioner of Public Works 1040 ASSESSMENTS. Executions for, power to issue and collect 261 May be transferred 150 Le\'y of, illegality 150 Fi. fas. for, transferred 149, 262 Lien of, rank 148, 150 Optional with city to take property at assessed value 128 On city property 76 574 Index. Paving streets 139 et seq. Street improvements, how collect- ed 150, 1039 Petition of one-third frontage necessary 1036 Lien on property 1038 To be by ordinance 1037 Collection of, defence 1039 Sewers. (See Sewers). Sidewalks and Curbing. (See Side- walks) 139 Water pipe 125 May be paid in installments 150 Superior Court to give precedence in city cases 151 For sanitary purposes 173 ASSESSORS. (See Receivers and Assess- ors). Awards of. (See Awards). Fifth, how and when appointed. . . .129 Of property for construction of sewers 40 Of condemned property 284 et seq. Freeholders appointed when . . . 126, 127 May subpoena witnesses 300 Of property condemned for water- works 83 ATLANTA, CITY OF. (See West End). Amendment to charter of 226 Provision for City Hall .. .240(a) Piedmont Park 240 ( 6 ) Authority to make deed to U. S. Custom House lot 245, 246 Coat of arms of 322 Corporate name and general powers, 1 Civic flag, ensign and pennant, 322, 323 Expenses restricted to income 73 Incorporation, Act of 1874 29 Limits, police purposes 18 Legislative department 28 Inman Park, West End, Ponce de Leon, Grant Park and Piedmont Park extensions 2, 18 Corporate limits 2 Debt of West End assumed by 8 Act as to West End 1 / Center of corporation Union Depot, 2 Wards of. (See vVards). Officers of not hold positions under U. S 61(a) Cross references: Mayor, Mayor and General Council. ATHLETIC GAMES. Regulated 1867 Application for permits 1868 Mayor grants permits, when 1 869 No games without permits 1870 Penalty section 1871 ATLANTA & CHATTAHOOCHEE RIVER R. R. CO. Application for franchise. (See Appendix). ASTROLOGERS AND FORTUNE TELL- ERS 1872, 1873 AUCTIONEERS. ( See Vendue Masters ) . License to sell jewelry 69 Obstructing sidewalks 1077 Selling live stock or goods on the street 1093 Sale of watches, jewelry, etc 69 AUCTION HOUSES. Must report to Chief of Police daily 1610 AUDITOR. Election, salary, duties, etc 203 AWARDS. Appeal from, right of, etc., 83, 126, 130, 292 City may take possession upon pay- ment of 161 Of assessors of private property, how made 83, 271 et seq. Wnen and where entered and filed 296 Right of city to reject or adopt not affected ......" 130 Filing and record of 291 AWNINGS. (See Buildings). BAIL. In arrest, how taken 1759 Appearance of parties 1842 Failure to give 1760 Judgment, execution, etc 1763 Penal bonds, forfeiture of 306 Service of rule 1762 Special, forfeiture of 1761 Surrender of principal 1764 Appearance of parties 1842 BARBER SHOPS. Must close on Sabbath 1833 BARROOMS. ( See Liquor Trailic ) . Females not to enter 1822. 1823 Keeping open doors after hours. . .1814 Minors not allowed in 1563 Must close on certain days 1547 Loitering in not allowed 1545 Officers admitted on demand 1551 Screens, blinds, etc., prohibited. .. 1542 BETTING. (See Games of Chance). On racing of any kind prohibited. 1888 Penalty section 1889 Turf exchanges prohibited 1892 BEGGARS. Regulation for relief of 1518 Habitual soliciting of alms 1519 Objects of charity 1520 Penalty section 1521 BILLIARD AND POOL ROOMS. Tables, license 68 Minors not to phiy in without con- Index. 575 sent of parents 1824, 1825 Opening and closing hours . . 182(5, 1S27 BILL POSTERS. Boards for, permit necessary 1882 Pictures of indecent character not posted 1880 Posting bills witliout consent of owner 1879 Registration tax to be paid 1878 Boards, permit from Building In- spector 1884 et seq. Penalty sections 1881, 1883 BIRTHS AND DEATHS. Births, registration of 833, 836 Record of, by whom kept 836 Must be reported 832 Registry of physician 833 Penalty tor failure to report, 834 Blanks kept by Board of Health .835 Deaths, registration of 836 Permits for burial, how is- sued 838, 840 Certificate of, by whom given, 837, 839 Of non-residents 839 Failure to make report, pen- alty 841 BICYCLES. Injuries occasioned by, presump- tion against rider 1200 Riders of must ring gongs, 1197, 119S Must not use police whistle. . 1073 May use bells for warning. . .1074 Riding on sidewalk, prohibited. .. 1196 Speed over six miles per hour, un- lawful 1199 Penalty 1075 BIDS. For public works must be accom- panied by certified check 1079 How opened 1078 BILLS. (See Street Improvement Col- lector), To be made in duplicate 989 Coupon system for payment of . . . .991 Ordinance governing issue of 992 When made by City Engineer, 1011 et seq. Made by Commissioner of Public Works 1032 For paving may be transferred to contractor 1180 Paving, by whom made out and col- lected 1255 et seq. Interest on 1262 Collection of, no authority to post- pone 1263 Manner of collecting 1266 BIRDS. Mocking-birds not to be trapped, 1862 BOARD OF COMMISSIONERS OF ROADS AND REVENUES. Convicts, work of controlled by. . . .168 BOARD OF COMMISSIONERS OF STREETS AIND SEWERS 153 et seq. Abolished 162 BOARD OF EDUCATION. (See Public Schools). Board of Lady Visitors, duties and terms 951 et seq. Chairman Committee on Public Schools, cx-officio member of.... 181 Cannot bind city by contracts 181 Committees may perform duties of, 941 Contagious diseases in schools 779 Organization of 181 Mayor ex-officio member of, 181, 949 Plan of instruction adhered to 940 Powers of 938 Organization of 181 Statement of amount necessary to maintain, made to Council 946 President of, to report receipts to Comptroller 950 Public Schools controlled by 937 Reorganization of 936 Superintendent of and teachers in pviblic schools elected by 181 School districts 938 Taxation and appropriations, 946, 947 Text-books adopted Dy, not changed in five years 939 Treasurer of, election and duties, 942 Disbursements, how made 944 Money kept on deposit, when 945 Oath and bond of 942 Report at close of term ." 948 Vacancy, how filled 943 BOARD OF ELECTRIC CONTROL. (See Electric Wires and Liglits, City Elec- trician) . How constituted 1268 Duty of 1269 Superintendent of Electric Affairs, employed by 1270 Duties of 1271 Office, where kept 1272 Telephone and telegraph poles, regulated by 1100 When rejected by and not removed, penalty HOI Poles, wires, connections, controlled by 1273 BOARD OF EXAMINING PLUMBERS. Applicants, how examined, certifi- cates 892 Board to meet and organize 891 How constituted 889 Oath of members 890 Penalty 893 576 Index. BOARD OF FIREMASTERS. (See Fire Department). Constitution of, duties 615 BOARD OF HEALTH. (See Sanitary Af- fairs). Accounts, how proved 740 Births and deaths, see. Chairman Committee on Sanitary Afiairs, ex-officio member of 170 Expenditures of 739 Nuisances abated on report of. (See Nuisances) 167, 172, 764 Organization, election, duties, 169, 737 Powers of 737. 738 Sanitary appropriation expended by 247 Report of expenditures 741 Vaccination, law concerning, 769 et seq. Physicians chosen by 173 Vacancies filled by Council 172 Sanitary Inspectors, number of. 741 (o) Chief Inspector 742 Salary of 743 Sales and inspection reported to Comptroller 744 Quarantine, establishment of, 772 et seq. Authority as to abandoned cul- verts 1239, 1249 BOARD OF PARK COMMISSIONERS. (See Parks). Board of. organization, duties, 954, 904 Grady Monument and Erskine Fountain, under control of 964 BOARD OF POLICE COMMISSIONERS. (See Police Department). Charges, trials, etc 1738 et seq. Chief of Police, elected by 176 Compensation fixed by Council 176 Election and term of office 174 Number of force, and oath 177 Oath of members of board. . .175, 1745 Organization of. 174, 1/6, 1578 et seq. Meetings of. how conducted, 1583 et seq. Police force governed by .... 176, 1578 Rules of force made by 1582 Removal of policemen 178 Witnesses before, iiow summoned, 1786, 1787, 1788 Railroad employes appointed as policemen by 1356 Police force, how governed 1581 HOARD OF WATER C0:\1MISSI0NERS. Rules for government of p. 451 Acts of, obligatory 81 Assessors, when and how appointed, 83 Contracts for over $500 to be in writing 87 Contracts for water not longer than three years 102 Control of work of improving and enlarging Waterworks 123, 125 Distribution ot water supply, regu- lated by 100 Estimate of receipts and expendi- tures made by 109, 692 Expenses must be confined to in- come 110 Injury to pipes, etc 103 Engineer, clerks, etc., appointed by 114 Election and terms of 79, 689 Mayor and General Council ex- offtcio members of 79, 689 May cut ofl' supply of water in cases of emergency 721 ^Members of may be removed for cause 113 Oath of member.^ 80 Payment for water supply in ad- vance. Wiien 101 President of Board chosen an- nually 80 Property held by, exempt irom tax- ation 105 Promissory notes for work 106 May issue water bonds 88 Rules and regulations for water supply, made by 107 Salary of " 112 Security for contracts taken 87 Streets', use of by 86 Water bonds. ( See Bonds ) . Reservation of right of inspection, 720 Moneys collected, how disposed of. 691 Powers of 82 BONDS. Of officers. (See Officers). Of officers of city 493 Appearance, forfeiture and collec- tion of 306 City, authority to use . . . .225, 402. 40:! Contracts, for performance of 504 (4iven to city. Mayor and Coun- cilmen cannot be surety on 505 Guardians and trustees may invest funds in 240 General provision for retiring, 235 et seq. Georgia Airline R. R. subscrip- tion 392 Funding bonds, form of 403, 404 Floating debt 74. 395, 396 Redemption 399 et seq. Forms of 471, 473 Registration, provision for 238 Registered, issue of 239 Old Capitol Building, purchase of mortgage on . . .^ 234, 244 State Capitol, purchase 393, 394 Old Capitol ]?uilding. redemp- tion 407, 408 Water — Tax and interest S9 Index. 577 Issue of bonds for. Act 1891 90 Construction of new works 92 Authority neretofore granted preserved 91 Pledge of good faith 93 Assent of people necessary 94 Dedication of proceeds of 95 Issue of bonds for 96, 97, 98 Sinking fund tax 99 Management of sinking fund ..111 To enlarge supply of . . . .418 et sen. Election to determine issue of bonds for 437, 442 To increase supply of 438 Ordinance approved December 19, 1890, repealed 429 Issue of bonds for 428 ct seq. Cancellation of 32 bonds 428 Interest and sinking fund 447 Registration for election 445 Water Roard may issue 88 Bond election 444, 452 ct seq. Redemption fund 108 Debt not to exceed Vo^ of val- ue ol propertj', not to ex- ceed Vo of 1^ 4.10 riow paid 451 Election for, how called and held 440. 453 When issued 454 Number of votes, now ascer- tained 455 Collection of, how enforced. . . .450 (Sale of portion of issue 457 Issue of, election for, etc. 458 et .seq. Issue and sale of 460 et se(i. Interest and sinking fund, 464 et seq. Funding, provision for retiring, 474 et seq. Issue of .Marcli 16, 1866, made legal 391 Issue to pay outstanding 397 Issue of 389, 390, 405, 406 Issue of 398 Sinking fund commission. . .372 et seq. City, how issued 72 Sinking fund, provision for, 226, 240(a) Treasurer's name lithographed on 411 Previous ordinances re-enacted 433 BOOTBLACKS. Business of, regulated BRIDGES. 1195 Alabama street extension ... 131 et seq. Over railroad tracks 39 Department of, created 1000 Jones avenue, rental of p. 465 Driving over faster than a walk, 1070 Police to report condition of 1601 Broad street, street railway cross- ing 1330 (37) Forsyth street, street railway cross- ing 1.333, 1334 l.iiability of railroads, concerning, 1378 et seq. l.,iability of stii-ct railways con- cerning 1378 et seq. BUCKKT SHOPS. Prohibited . . 1887 BUILDING INSPECTOR. (See Buildings, Fire Escapes, Fire, Permits). One substituted for three 207 Office, term of 207 Tnree freeholders elected, duties of 204 ct seq., 520, 521 Fire escapes, report by 588 Houses in process of erection, in- spected by 528 Office of created, salary 524 Buildings or repairs, permits for. .525 Oath and bond 526 Office of, where kept 527 Permits, book kept for 613 BUILDINCiS. (See Fire Escapes, Fire Limits, Fire). Awnings 1085, 597, 668 Bay windows on sidewalks 566 Business, wails, roofs 530 Chimneys and stove pipes 661 Chimneys, walls, flues 546 et seq. Cut stone facings 541 Defacing or injuring 1829 Description of 610 Definition of terms and regula- tions 534 et seq. Elevators in 601 et seq. Electric wires entering, how pro- tected 1305 Fire escapes, general law, .301 et seq., 36, 588 Floors 573 Foundations of, walls, masonry. . . .549 Frame when burned, disposition of, 531 Furnaces, ranges, etc 606, 607 Hollow walls, when used 553 Material, brick, partitions, 556 et seq. Openings, '"Exits ' 600 Party walls, when used 542, 555 Persons erecting, permit neces- sary 525, 609 Protection of persons working on, 608 Penalties 611, 612 Public, condemnation for 161 Piles and walls, regulated, 550 et seq. In process ot erection must be in- spected 528 Repairing, must be inspected 599 Stories, height ot, walls, etc 532 Streets, use of for regulated, 1207, 1066 Walls, thickness of, 533, 539, 543, et seq. Vaults, fireproof 593 Hearths, joists, regulations, 574 et seq. Fireproof, shutters for 587 578 Index. Unsafe, inspector's power, 577 et seq. Paupers, where buried, 929, 1522 et seq. Unlawful to erect without permit, 529 Regulating work in 926 Right to inspect 598 Sexton to grade lot and line 928 Endangering surrounding to fire. Signs, warning 920 notice by Chief of Department. 675 Trees and shrubs 921 Only fireproof permitted within 213 CHARITY. (See Beggars, Paupers). General relief 1518 et seq. Dangerous walls Floors under stoves, how pro- CHARTER OF ATLANTA. (See At- tected 594 e* seq. 647 lanta). Moving houses, regulations for... CHAINGANG. Drainage and plumbing. (See Drainage). Overseer must keep record of con- victs 1791 BURIALS. (See Births and Deaths). Law governing whipping bosses. . . .320 By city 1522 et seq. seq. 840 Use of by Commissioner of Public Works 1031 Permits for, how issued 838, CHURCHES. 913 Idling in front of 1849 BUSINESS. ( See License ) . Congregating around and disturb- Registration for tax on May be classified for taxation Authority to tax .64 .65 ing services 1856 Vehicles must pass at walk during 250 services 1857 License for, by whom issued 970 CIGARETTES. Registration and license for. (See Ordinance against sale of.. 1718, 1719 License). CITY ATTORNEY. CABS. ( See Drays and Hacks ) . Assistant City Attorney, salarv of. .518 Charges for regulated .50 Bond of 493 CARCASSES. (See Animals, Dead). Elected by the people 195 Election, duties, etc 208, 965 CATTLE. (See Live Stock). Salary of 518 CELLARS. Sue negligent officials 966 Drainage of lots and 171, 842 CITY ELECTRICIAN. (See Board Elec- tric Control, Electric Wires and Lights). CEMETERIES. See City Sexton, Births and Deaths). Election, time of changed 1308 Salary of 518 Bell in, ringing of .919 Plan of worK shown to 1306 Burying outside of .917 Penalties 1307 Burials, charges for .913 Carriages, etc., driving in .923 CITY ENGINEER. Colored persons, where not buried. .924 See Commissioner Public Works. Contiguous, supervision over ..34 Assistant City iingineer, salary of. .518 Debris, removal of .927 Bond of 493, 1006 Disturbing or removing from Controlled by Mayor and General graves .914 Council 137 Disturbing tombs or shrubbery . . . .915 Election, duties, etc.. Exhuming dead bodies without per- 195, 208, 1003, 1004 mit .930 House numbering, to devise system Gates of, how kept and used .918 of, law concerning 1115 et seq. Graves, depth of 910, 931 Property owner shall apply to, for Graves, disturbance of .914 numbers 1118 Lots in, sale of 932, 933 Salary fixed by Council 208, 518 Material for graves furnished by To have charge of public works. city, prices .934 make estimate for grades, inspect Mayor and General Council may material and make out bills, hold property in trust for uses 1011 et seq. of .256 To make survey for permanent Must pay in advance .935 grades 136, 1008 et seq. New, not to be within four miles. . . 35 To make surveys, grades, plans and Night guaras of .925 profiles 152, 1008 Preventing traffic inside of .916 Superintendent Public Works acts provisionally as 163 Persons working on lots, must have order .922 Sewers, cost of, record kept by... 1005 Index. 579 Street improvenients. plat 'for, made by 1007 Books for permits kept by. ...'.. .1222 Paving bills, made out by 1255 CITY JANITOR. Office of, created 496 CITY PHYSICIAN b. Election, salary, duties 729 et seq. Failure to report smallpox 734 Monthly reports of 733 Policemen attended by 732 Under supervision of Relief Com- mittee 735 Free vaccination by 736 CITY REGISTRAR. (See Registrar). CITY SEXTON. (See Births and Deaths, Cemeteries ) . Bond of, $1000 493, 912 Elected by the people 195, 909 Election and duties of 208 Compensation, not changed during term 912 Graves, depth of 910 Fees charged, how regulated 913 Salary fixed by Council 208, 518 Shall not bury without permit. .. .840 Record of deaths and burials, kept by 911 CITY TAX ASSESSOR AND RECEIVER. Election and duties. .. 183, 1414, 1415 Compensation, and oaths of 184 Whole time given to city 1416 Bond and oath 493. 1417 Delinquents, names of 1419 Books, one for each ward 1444 Books for receiving returns, how provided 1424 Shall not enter private residences. 1420 False or fraudulent returns 1421 Shall hear proof as to such 1422 Shall enter returns on tax digest. .1423 Form of oath 1425 Form of oath of tax payer 1426 Collector and Receiver and As- sessor, salary of 518 Separate offices 242, 1427 Defaulters' digest, kept by 1443 Record of sale of real estate 1445 Office hours 509 Failure to return 1418 Railroad taxes, return from State Comptroller 1446 Books of, opening and closing 1430 Property not returned, penalty ... 1431 CITY TAX COLLECTOR. Assistant City Tax Collector, sal- ary of ". 518 Appointed City Registrar 214 Bond of 493, 1411 Daily returns made to Comptroller 1413 Election, duties, compen.sation. . . . 185 Elected by the people 195, 1410 Marshal's duties devolve upon.... 192 Office of, separate and distinct, 242, 1410 Office, where kept, office hours, 509, 1412 No authority to postpone collec- tion bills tor street improve- ments 1263 Daily collections paid to 508 Separate office from Receiver and Assessor 186, 242 Salary of 518 CITY TREASCRER. (See Trea.sury). Annual statement by 78 Bond of $100,000.00 195. 189, 493 Books for registration of bonds, kept by 485 Deposits of, regulated. . .188, 1405, 1407 Duties 1405 Election, duties, oath, compensa- tion 187, 195 Oath of office, bond, salary. . .518, 1404 Reports made daily to Comptroller. 990 Sinking fund, accounts kept by. . . .230 May use Mayor's office 351 Warrants, how drawn 1408, 1409 Bond, liability ol sureties on 189 CIGARS AND TOBACCO. Sale of 1816, 1817 Cigarettes, sale of 1718. 1719 CLERK OF COUNCIL. ( bee Comptroller ) . Bond of, $10,000 493 Balance sheet, exhibited when 77 Deputy, salary 518 Elected by the people 195, 197 Licenses issued, etc., by 968 Fees, duties 970 Oath of, bond, duty 967 What books kept by 969 Salary, fees 197, 971, 972, 973 Suits brought in name of 76 To be Clerk of Sinking Fund Com- mission 379 Office hours 509 Fi. fas. issued by, must be entered on Comptroller's books 978 Estimates for maintaining depart- ments, filed with 997 May be paid salary in lieu of fees. .196 Tax executions issued by 1454 Record of property purchased by city, kept by ^ \ 1462 COAL DEALERS. (See Public Weigher). Buyers of coal entitled to 2,000 pounds per ton 1396 Changing certificate 1397 Certicate delivered to purchaser .. 1398 Dealers to have wagons weighed 1394, 1395 Drivers must have certificate . . . .1399 Selling part for all, cheating 1400 580 Index. COCK FIGHill^G. Prohibited 1830 CODE. City, ordinance adopting 198.5 COLLECTIONS. By Coupon System 991 COLLINS PARK AND BELT R. R. Police protection 1758 et seq. Application for franchise p. 467 Tracks of. police protection 18 COMMISSIONER OF PUBLIC WORKS. Election, compensation 163, 195 Bids, how opened, certified checks, 1078, 1079 Abolished as charter office 164 Clerk of, office may be consolidated with other offices 167 Control execution of work.. 152, 1014 May change rules 1015 Make estimates 1016 Must not exceed appropriations. . .lOiO Oath, bond, duty 165, 493 Shall file statement of real estate owned by 166 To make monthly reports to Coun- cil 1017 Accounts made out and approved by lOlS To appoint and discharge employ- ees 1019 Subject to Mayor and Council .... 1020 Amount may spend,on own motion. 1021 Sale and report of condemned stock 1022 To keep complaint book 1023 Clerk of 1024, 1025 To engage in no other business. . . i026 Office of, where kept 1027 Tagging city teams 1028 Street work, order of 1029 May be changed by Mayor 1030 To have use of chaingang 1031 Street improvements, bills for, made by, how disposed of 1032 Commissioner of Streets and Sew- ers 153 et seq. Abolished 162 Salary 518 Accounts of, how paid 1041 Excavations and replacing, duty as to 1218 et seq. COMMISSIONERS. (See various boards of). COMMITTEES. Standing, appointed by Mayor, 359 et seq. May use Mayor's office 351 COMPTROLLER. (See Clerk of Council). Assistant, salary of 518 Bond of, .$10,000 493 Departments, creation of 988 Election by people 195 Election and removal, salary, duties :i-n, 518, 974 et seq. Fi. fas. must be entered on books of 978 Lost checks, book for, kept oy. 1001. 1002 May require evidence of justice of claims 242, 979 Coupon system 991 Shall keep general set of books... 977 Stationery supplied on applica- tion 982 Supplies for departments, to get bids 981 Sale of public property, reported to ' 986 Penalty 987 Statement of vouchers furnished to General Council 994 Bills made in duplicate and ap- proved by 989 Heads of departments to report collections to 991 List of burnable propertv, filed with '. 983 Policies of insurance filed with, when 984 Tax Oollecter to make daily re- turns to - .* 991 Treasurer to make daily reports to. 990 Rents due city 985 Record of fees collected by city officers, kept by 995 Warrants for money signed Ijy .... 989 Warrants for damages 980 Balance sheet made by 77 Public work, damages, settlements, book kept by ..1210(a) 1210 (bi CONDEMNATION. What interest to vest in |)arty seeking 297 Parks and other public purposes. . .161 General law of 271 rt .s-c*/. CONFEDERATE SOLDIERS. May solicit fire or life insurance or peddle without tax 318, 319, 320 CONTAGIOUS' DISEASES. (See Diseases, City Physicians). CONTRACTS. By Water Board, when in writing. . .87 Bonds for performance of ;)04 When void 74 CONVICTS. Work of, how controlled 1(!S Farmed out by C'ouncil 21!» Confining white and colored togeth- er, prohibited 320 Whipi)ing bosses, law goveniing. . . .320 Indkx. 581 COURTS AND TRIALS. (See Recorder). AcTused, except females, must be present in person 1783 Clerk of Recorder's Court abol- i'^lied 1789, 1790 Collection of fines, how made 1778 Contempt of court I777 Continuance of cases, when 1771 Failure to appear on summons 1768, 1769 Jurisdiction of Recorder to abate nuisance 310, 1799 Jurisdiction of Recorder's Court.. 200 May bind over oftenders against State laws 397 Opening: and closing, practice 1772 Ordinances, construction of 1773 Punishments, how provided. .1774, 1775 Persons implicated besides those on trial 177(5 Board of Police Commissioners, witnesses before. ... 1786, 1787, 1788 Recorder governed same as Mayor. 1780 Recorder shall make daily report. . 1785 Subpoenas, who issued by 1769 Summons, witnesses, fine... 1766, 1767 Term of Recorder's Court 1765 Summons served by City Marshal. 1781 Suits against City not sustained, when -224 True name of offender, and oflense to be entered on docket 1782 Bonds, forfeiture of 300 Unlawful to try persons under as- sumed name, penalty 17S3, 1784 Violation of ordinances wheie no penalty provided I775 Work on streets I779 Overseer of chaingang to keep record of convicts I79I Stationhouse Keepgr to keep record of fines jjg2 Provision for Mayor's Court 21 Investigations under tax ordinance. " ^ 1440 Uoes not apply to vendue masters. 1441 CREMATORIES. Authority to establish I73 CURBING. (See Sidewalks). DAMACxES. Established grade, for change of ^^'y f'^y ■■: ".136 Streets, opening or changing, as- sessors appointed for 126. 127 Caused by acts of negligent officials. City Attorney to sue 900 To life or property, not relieved against 1274 DAXCE HOUSES. Applications to conduct. how '"•^o«' 1966 lemaie dogs in heat not allowed on streets \d~\ 582 Index. L. P. Grant Jfark, not allowed in, penalty 1969, 1970 Running at large without tag .... 1964 Tags, record of purchases of, to be kept 1967 Tags, how and where sold 1965 Unclaimed to be killed 1968 DRAINAGE AND PLUMBING. ( See San- itary affairs ) . Cast iron leaders 879 Drains and gutters, obstructing. . . .768 Failure of plumber to make return. 886 Gas fixtures regulated 884 et seq. House plumbing and provisions, drainage regulated 846 et seq. Lots and cellars to be drained, pen- alty 842 Marshal to give owners notice of nuisances 843 Obstructing natural flow of water . . 845 Outdoor water closets 877 Refrigerators, how drained 875 Main water leaders 878 Steam exhaust pipes 880 System of 134 Tenements, closets of 881 Water closets, how furnished with water 876 Penalties 883, 885, 893 Plumbers, examination of 887, 888 Board for 889 et seq. Additional, provision for 40 DRAYS AND HACKS. Boarding trains to solicit passen- gers 1934, 1935 Driving in boisterous manner .... 1912 Driver must not leave hack. .'■. . . .1923 Employing unlicensed draymen. .. 1909 Furniture wagons, drivers must stay on 1938 Fire alarm, must give right-of-way 1940 Gongs on wagons 1924 Hauling without license 1907 Hacks, arrangement of, near pas- senger depot 1926 Congregating on Broad and Ala- bama streets 1931 Lamps must be kept lighted at night 1918 License tags on drays 1925 Must obtain license 1906 Numbers for 1914 No license to persons under 18. . . .1919 Owners of hacks must post sched- ule of prices 1920 Penalties, refusal to haul 1908 For overcharge 1916 Permits for 1941, 1945 Lamps, numbers on 1942 Badges, hackmen must wear 1943 Rate of charges for drays 1910 Rate of charges for hacks, penalty, 1015, 1916 Refusal to pay hack hire 1917 Rendezvous for hacks designated, 1921, 1922 Rendezvous for furniture wagons, 1936, 1937 Substitutes not allowed without permit 1944 Standing on streets 1913 Soliciting on sidewalk 1928 Rendezvous for draymen. . . .1936, 1937 Soliciting passengers from Union Depot 1932, 1933 Charges for hauling 50 Turf not removed without consent of owner 1939 Baggage, rates for 191 1 Space in front of Kimball House. .1927 Penalty, violation Sections 1941, 1942, 1943, 1944, 1945 1946 DRUNKENNESS. (See Peace, Good Order and Morals — Courts and Trials). DUMPING GROUNDS. (See Sanitary afi'airs). ELECTIONS. (See Registrar, Registra- tion). Annual, municipal, when held ....331 By Mayor and General Council, when held 54 Commissioners to hold, when elected 55 Term and compensation, clerks, 55 Commissioners of, to take oath and make returns 57 Conducted by freeholders, when .... 56 Marshal, election ot 58 Managers of, to consolidate vote... 335 Mayor 332 Opening polls, time of 334 Qualification of voters 59 Polls for, where* located 333 Of officers, by the people 195 Removal from board, vacates 60 Registration of voters 214 General law governing 320 For bonds. ( See Bonds ) . ELECTRIC WIRES AND LIGHTS. (See Board Electric Control, Telephone and Telegraph Companies, City Electrician). Breaking globes or lamps, penalty, 1276 City not liable for damages to. . . .1107 Conduits for, one duct free for city use 1284 Conduits, opening streets for, per- mit 1282 Streets, bond and security for, 1283, 1287 Corporations given privileges to lay, must supply free city ser- vice 1286 Entering uuildings, how protected, 1305 Fire Department may cut when necessary 1105 Index. 583 Fire ahinii gongs, where placed. . 1304 (Jidiiiul connections must be de- U'cted and remedied 1298 Guard wires to be erected, when, 1296 Height of, from ground 1102. 1106 City's right to damages not af- fected by prosecution 1311 Insulated supports required 1294 Intoxicated persons working with, 1277, 1278 Kind of insulators required 1295 Lights inspected and reported by policemen 1272 ( a ) Metallic circuit required 1301 Permits to erect poles for, appli- cation and approval 1289 Powers reserved 1300 Penalty sections 1101, 1104 Poles for, must be set in alleys, when 1290 Poles, main line of, must be con- fined to one side of street 1291 Power wires must be separate from other wires 1292 Privileges suspended, when 1302 Roofs to support, not used with- out consent 1293 Rules for. mav be modified and added to . /. 1303 Sale of franchise works forfeiture, 1288 Place of work to be shown by City Electrician 1306 ISecond company to pay expenses of raising, when 1297 Supports no longer used, to be re- moved 1299 Underground circuits 1279 Permission by ordinance 1280 Openings for, regulated 1281 Wires, cables, etc.. placed under ground, reports, when 1285 Wires, laying of, regulated, 1300 et seq. Poles, wires, electrical connections, 1273 Interfering witn, penalty 1275 Current must be retained in proper channel 1309 Penalty 1307 ELEVATORS. (See Buildings). ELLIOTT bTREET. Widening of 1205 EPIDEMICS. (See Diseases). EVIDENCE. Tax deeds admitted 71 Marshal's deeds admissible 190 Exemplifications of records ad- missible 317 EXCAVATIONS. In street, regulated 1218 et seq. For sewers, gas, etc., bond regu- lated 1169 EXECUTIONS. (See Marshal). Delinquents, prepared in depart- ment where bill becomes due, 1448, 1449, 1450 For city taxes, how and by whom issued 1454 Insolvent, Mavor and Council not liable ....."' 210 Interest on 263, 264, 1436 Marshal may assign fi. fas. for street or sewer work 262 Docket kept by Marshal 1460 On unpaid assessments, may be transferred 150, 270 On award of assessors of private property, when issued 295 May be transferred, lien of pre- served 150 Power of city to issue and collect, 261 Entrv of nulla bona, garnish- ments 314, 315 Redemption privilege . . . .262. 1^65, 270 How issued , 1442, 1447 Business lax* fi. fas 1484 Must be recorded by Comptroller . . 978 For taxes, how issued 1447 Tax, Clerk of Council to issue 1454 EXPENDITURES. Illegal, city not liable 499 Illegal, cause for removal 500 EXPENSES. Appropriations for six months, 228, 229 FEE BILL. icor city officers, established by Council '..212 FENCES. Hitching or leaving horses close to, 1086 Removed for grading, how and by whom restored 1063 FIRE. (See Fire Department, Fire Limits, Fire Escapes, Buildings;. Awnings, regulations for 597, 668 Ashes in houses, inspection 678 Penalty 679 Chimneys and stovepipes, 604, 605, 661 Chimneys and parapets 684 Combustible matter to be removed, 672 Construction, notice of, etc 685 Combustible material not to be burned at night 664 Fire plug, obstructions near 628 Gasoline, etc., how kept 680 Kerosene, oil, precaution against.. 667 Kilns 660 Stationary steam engines 595, 666 Oils, how much kept 686 Stoves, ranges, floor covering un- der 674, 594, 606, 607 Openings, "exit" 600 Penalty 673, 675 Stealing at 688 584 Index. Regulation in case of 639, 687 Uncovered lights, carrying, etc., 662, 663 Wooden signs 668, 669 Wood yard, cutting wood, etc., 670, 671 Withholding permission, safety, 681, 682, 683 Steam pipes 596 Water, use of, during 646 firear:ms. Firing off cannon 1846 Discharging in city limits 1828 FIRE DEPARTMENT. (See Fire, Fire Limits, Fire Escapes). Assistant Chief, duties 623 Alarms, regulation of 639 Alarms, false 626 Buildings endangering surround- ing. Chief to give notice 675 Board of Firemasters to control. . .614 Whom constituted, duties 615 Meetings of 645 Bond of Chief oi, $1,000 493 Chief of. duties and powers of, 616, 629 Absence of 623 Fire escapes, reports as to 588 Salary, additional compensa- tion prohibited 617 Copies of letters to be kept 642 Division of 618 Employes of, dismissal 622 Subject to assignment by senior otncers 643 Must be familiar with rules of, 644 Engineers, duty of 631 Equipments 640 Drivers, duties of 633 I'oreman and Chief, police powers of 619 Foreman, duties of 630 Callmen. duties of 635 Interfering with fire alarm boxes, 627 Obstruction near fire plug 628 Officers of 61o tlugs, examination of 641 House regulations, liquors, cards, etc 637, 638 Regulation for moving houses, 647, 648 Rules for 621 Right of way to machines of 624 Stokers, duties 032 Substitutes 636 Runners and laddermen, duties of, 634 Vacancies, how filled 620 Vehicles on street when Depart- ment at work 625, 649 Engine house for West End 12 Water, use of during fires 646 Injuring engine, hose, hook or lad- der 676 Trash in front of engine house 677 Uniforms for men 179 FIRE ESCAPES. ( See Fire, Fire Depart- ment, Fire Limits, Buildings). General law concerning 301 ct seq. Board of, who constitutes . . . .588, 590 Kind of, necessary 589 May be required 36, 588 et seq. Repairs of 59:i Building Inspector and Chief Fire Department, report of as to 588 Specifications for 589 Penalty section 591 FIRE LIMITS. (See Buildings. Fire De- partment. Fire Escapes. Fire). Extent of 213, 657 Districts, close ana outer, what constitutes 651, 652, 653 Former rules apply to close district, 654 Regulation of buildings within dis- tricts 650 Rules for outer district 655, 656 Sanitary regulations within 658 Penalties 659 Blacksmith shops within 665 Certain factories within . .681, 682, 683 FIREWORKS. I iring off cannon 1846 Burning and discharging in city.. 1847 FISH. Decayed, sale of prohibited 785 FLOATING DEBT. Payment of 73 Borrowing money for 74 Bonds for. (See Bonds. FLYING JENNIES. Permits for 1866 ( a ) FORSYTH STRj!.ET BRIDGE. Street car tracks crossing, regu- lated 1333, 1334 FORTUNE TELLING. (See Astrologers). FRANCHISES. Sale of, works forfeiture of 1288 For street railways. (See Appendix). FRUIT STANDS. Decayed fruits, sale of ]irohibited. . 785 FUNERALS. At residences, passing of vehicles regulated 1589 Impeding procession of 1858 \\'here (h'ath from contagious dis- ease, unlawful 755 GAMES OF CHANCE. (See Betting). Public playing and betting 1850 Pimps and enticcrs to gaming hou.scs 1 866 ( c ) Trade, chance, device of wliocls. 18(H). 1891 Index. 585 GAS. HOUSES OF ILL FAME. Lavinion Provisions for acceptance by citv, 906 for payment of 231. 232 Rules for, by whom made 896 ITINERANT TRADERS. "Vacancies on committee of, how filled 897 May be taxed 70 Hospitals generally, erection and INTERMENTS. (See Cemeterv). maintaining 898 Trustees, not affected bv Section INVESTIGAllONS. 61(a) Provision for 61 Trustees may hold other office 513 JUNK DEALERS. GRANT, L. P., PARK. Are required to keep records 1720 Extension, police protection 18 LAMPS. GRAVES. (See Cemetery). Gas and gasoline, interfering with. 1832 GUANO FACTORIES. Street lamps, interfering with ...1831 Prohibition in citv 765 LEWD WOMEN. Penalty 766 Appearing in public places at HACKS. (See Dravs and Hacks). night 1809 Men not to taik with familiarly. HORSES. 1810, 1811 Hitching to trees, fences, etc 1086 LICENSES. (Liquor, see Liquor Traffic). HORSES. MULES, HOGS AND GOATS. All licenses 1503 (See Live Stock). Book agents must obtain 1498 HOSPITALS. (See Grady). Business, registration for, 1472. 1473 Commission merchants, consign- HOTELS. ments 1493 Gas in, not to be cut off 1984 License to carry on business, paid Porters of soliciting baggage. 1929, 1930 into treasury 65, 64. 191 Free, not granted 1487 Entering L ninn Depot 1853 Failure to register and pay l475 Fi. fas. for 1484 HOUSES. issue by Citv Clerk 968, 970 Numbering of, law coneernins:. Fees for Citv clerk 1478, 1479 1115 et scq. Fees go to city 1480 586 Ikdex. Maintaining fruit stands 1489, 1506, 1502 Pawnbrokers 1476, 1477 Old soldiers, free 1481 Peddling groceries, none issued.. 1499 Powder, sale of 1574 J^'ees go in City Treasury 1574 How obtained 1575 Council may refuse 1576 8ign 1577 Produce broker 1485 Producer, right to sell without, 1505, 1512, 1513 Bucket shops, not modified 1486 Intinerant traders, peddlers, must have 1490 Penalty 1491 Peddling without 1492 Must show license 1943 License of peddlers 1502, 1503 Street venders, when granted 1488 Selling clothing, or soliciting print- ing orders 1494 Street drummers, penalty . . . 1495, 1496 Selling fresh meats from wagons, 1497, 1500 Vending medicines prohibited, ex- cept when 1514 Theatrical companies, shows,, etc ... 67 LICENSE INSPECTOR. Office of, created, bond $1,000 1515 Oath as special policeman 1517 Duties of 1516 Warden's duties performed by. . . .1518 LIENS. (See Executions). Assessment for street improve- ments 147 Sewers 45 Of executions preserved 150 LIMITATIONS. Of prosecutions 1864 LIQUOR TRAFFIC. Applicants must take oath 1548 Application for license, how made, 1554 Application for Hcense must be ad- vertised 1526, 1528 Beer, separate license for not granted in retail limits 1540 Beer kegs on sidewalks 1559 Bottled beer may be drank on premises 1507 Business tax not to interfere with charter sections . 04 Business places must be level with street 1543 Blinds, screens, etc., prohibited, 1542 Conviction works forfeiture of li- cense 1553 Keeping on hand for unlawful sale 1537, 1558 License revocable, when 1536 Amount of 1527 License, to whom issued 1541 ■ How forfeited lo62 Manufacture and sale in West End forever forbidden 9 Must close on certain days 1547 Minors not allowed in retail places 1563 Must ke^p sign as to this 1565 Not sold with drugs, penalty. 1531, 1532 Opening and closing hours 1546 Only retailer can sell less than commercial quart 1529 Piedmont Park, retailing at 1560 Provisions applicable to license for retail beer 1540, 1561 Retailers, traffic regulated by Council 66 Must have sign 1550 Limits for 1539 Tables for gaming in places, 1544 Without license prohibited, must have sign 1535 Lager beer, sale of, license 68 Sale of prohibited within 1% mile radius 2 In West End 2 Punishment of minors 1564 Retailers must not sell in bulk to be used on premises 1567 Loitering in places prohibited .... 1545 Officers admitted 1551 Penalty section 1552 Transferee of license, regulations as to 1556, 1569 To whom license shall not issue, 1557 Violation of laws revokes license, 320.' 1555 Wholesalers, traffic regulated by Council 66 To open and close as retail- ers 1330 Tax on, $200 1533, 1534 To close on holidays 1538 Lunches prohibited 1570 Keep open tippling house on Sab- bath, revokes license 320 Liquor not sold in connection with any other business 1571 Penalty 1572 Keeping open after hours 1814 Regulations governing, in parks, etc., 18 Alcohol, sale of 1566 LIVE STOCK. Driving unhaltered through streets, hours for 1949, 1950 Letting down enclosures 1948 Straying on streets 1947, 1952 (ilaiiders among 781, 782 Penalty section „ 1951 Grazing on lots without permis- sion 1958 Impounding, advertising and sell- ing 1953 Indkx. 587 Milk cows when confined, to be milked 1955 Penalty section 1959 Running at large, prohibited, 1952, 1955, 1956 To be taken up 1957 When sold, proceeds returned, when 1954 LIVERY STABLES. Location regulated by Council, 49, 1973 Must get special permission for, 1972 Use of streets for animals near churches and schools 1973 What petition for, must show, pen- alty 1974. 1975 Private stable not nearer than 30 feet to any residence 1976 LOANS. Temporary, construction of water- works 92. 94 To city employes, forbidden 501 Not over $200,000 233 MARKET HOUSJv Provision for renting and purchas- ing 249 MARKHAM STREET. Ordinance conveying part of. to Southern Ry. Co., etc. . .1205 et seq. MARRIAaES. Report of 831 MARIETTA STREET. Widening of 1121 Grade in front of Di-. Calhoun's property fixed 1211 MARSHAL, CIT\. Acts City Inspector 194 Bond, and removal for cause 58 Bond of $10,000 493 Council may abolish office of 192 Council may fix salary instead of fees 19(3 Defaulters not settled with before fi- fa 1452 Deputy, salary, required to take oath 518 Duties and compensation of 190 Election, term, auties, etc 58 Execution carried by . . 261 Elected by the people, duties, 190. 195 Extra help for collecting /;. fas., _, 494, 495 Fees and costs collected, paid into City Treasury 19] Fi. fas. for street improvements. transferred by 149. 150 Fi. fas. must be endorsed in ink J^y 1451 Notice must be sent under cover. n .u . 1453(a) Oath of 19;^ Papers and books kept by 1460 Property held one year, how ais- posed of 1467 Council to direct sale 1468 Each piece sold separately. .. 1469 Quit claim deeds from city". . . . 1470 Purchase by city 146) Clerk of Council shall keep record of 1462 Redemption, privilege, 270, 1458, 1464 Sales by, purchaser put in posses- sion 1471 Tax .sales 1465, 1466 Tax fl. fas., levies by 1455 Advertisement and sale, fees of.. 1456 Shall give owner notice 1457 Salary of 5I8 To keep registry of tax sales 1459 To put License Inspector in posses- sion 1463 Warrants, svimmons, precepts, ex- ecutions, etc., directed to 209 Street tax aemanded before fi. fa. issued 1453 :mayor. Approval or disapproval of ordi- nances transmitted 355 Court presided over by Recorder. . . . 198 Election bi-ennially, vacancy, how filled ." 332. 19 Ineligible for succeeding term 20 ]\Iay hold Mayor's Court 21 May order elections to fill vacan- cies 53 May call meeting of heads of de- partments . . . 354 No vote unless tie, veto power 2.*^ Oath of 26 Administered to Councilmen. . . .27 Oflice of. where kept, office hours. 350 Who may use. and how 351 Powers of Justice of the Peace, in chief executive 22, 31H Presides over what bodies 24 Pro tern., when elected 25. 357 Pardoning power 01 .352 Permission for games, granted by, 186P Salary of, and term of office 20, 518 Secretary for. employment of 356 Messenger, office of abolished 356 Riot, emergency, authority of 320 Heads of departments to meet in office of 353 Council committees, appointed by, 359 et scQ. Holding oflSce under U. S.. disqual- ifies 61(a) Shall not appoint non-residents as officers 320 MAYOR AND GENERAL COUNCIL. Rules for government of p. 447 Assessments, executions and bills, transfer of. authorized bv. 149. 150 588 Index. Aldermen, number of 30 Additional power over sewerage, drainage, etc 40, 41 Auctions of jewelry, taxes by 69 Appropriations, expenditures must not exceed 498 Auditor, election, duties, salary. . . .203 Absence of Recorder, one member of, must hold court 202 Bonds to city, cannot be surety on, 505 Beer, billiard tables, etc 68 Boards, members of, no salary for, after .January 1, 1899 223 Bonds generally, sinking fund to pay 226 Councilmen. West End, one from for five years 5 Two for each ward 29 Elected for two years 29 Ineligible for succeeding term, 29 Ex-officio J. P 51 Salary 30 3hall not contract with city... 52 To hold until successor quali- fied 53 Vacancies, how filled 53 Individual liability, when 74 May preside over Recorder's Court 202 Cannot hold at same time other municipal office, 313, 510 et seq. Clerk of, salary or fees regulated by ■ 196, 197 Clerk of, suits to recover brought in name of 76 Commissioner of Public Works, compensation fixed by 163 Clerk of, office mav be contin- ued by .' 164, 167 Commissioner of Streets and Sew- ers, abolished 153 et seq. City Hall, sinking fund for... 240 (a) Convicts, farmed out by 219 Chamber, what persons excluded from 321 Committees, standing, appointed by, duties of 359 et seq. May use Mayor's office 351 Deeds made by, evidence 71 Defense of persons charged with city offense, members cannot aid in 506 Motions to reconsider 31 Examinations, may authorize 6i Elections and appointments by.. 54, 5a Returns considered by, con- tests 57 Expenses restricted to income 73 Fee bill, may be established by 212 Fiscal year, at end of must turn over $175,000 ca.sh 231, 232 Increase of debt, separate vote on ayes and nays 31 Itinerant traders, taxed by 70 Interest, money borrowed to pay, restrictions 74, 75 Insolvent executions, not liable to pay 210 Legislative powers, general welfare clause 33 Department, how composed 28 Liquor traffic, wholesale and re- tail, regulated 66 Loans, temporary, right to make . . .233 May classify business for taxation.. 65 May expend entire receipts 248 May condemn property for water- works " 84 Market house, authority to rent and purchase 249 May levy business tax 250 Mortgage of >v. W. Ins. Co., pur- chase of 244 Oaths administered by Mayor 27 Penal ordinances, passed by 37 Public meetings in streets regu- lated by 48 Powers under Act of 1874, to con- tinue 220 Limitations of power to contract, repealed 1084 Rates for hauling regulated by 50 Regular session of, when held 32 Readings required to pass ordi- nances 38 Railroad tracks, may require bridges over 39 Recorder, elected by 198 Salary of, fixed by 199 Registration of voters, provided for oy Zl4 Registrars, compensation fixed by. .214 Supervision over cemeteries 34 Sewer connections regulated by, 40 to 47 Sinking fund, creation of, manage- ment of, annual Ill, 226, 228 Streets opened, laid out and wid- ened by 126, 127 Alabama, extension of. .131 ct seq. May repave 140, 141 Improvements on, street rail- ways may be assessed 142 Connection, four squares 146 Improvements on, assessment, hen, rank of 148 Grading and draining, svstem of " 134 Siuewalks and pavements, or- dered laid 139 Power to grade and pave 138 Sidewalks and curbing, assess cost of 139. 140 General repair of 149 Street railways maj' be required to pave between tracks 149 On uupaved streets 144, 145 Street tax, levied by 135 Index. 589 Sanitary purposes, appropriations , by ^ 247 Salaries of officers, fixed by. . .218, 222 Theatrical companies, shows li- censed by 67 U. S. deed to. for public build- ing 245, 240 Vaccination, power to compel 173 Vote taken viva voce 358 Vacancy, how filled 60 Vacancies, may fill for interim. .. .221 Water and waterworks, power over «'d 18 jrJonds for. (See Bonds). Shall provide for interest on wa- ter bonds gjj Waterworks i24 Water and waterworks, new, police and sanitary regulations 104 Semi-annual inspection 112 Board, members, how removed, 113 Control woik through Com- missioners 123 Expenses, estimate and appro- priation 109 Confined to income 110 Reserve fund created ! 121 Procuring funds from citi- zens 122 Witnesses, authority to compel at- tendance of 211 Warrants on Treasurer, how drawn " ^ *"^ P^^id 1408. 1409 Quorum o 1 Removal from ward disqualifies' " 'oo Holding office under U. S. disquali- fies .... i>^ / \ T> , , ol (a) Balance sheet exhibited to, when... 77 MEATS. Decayed fish, poultry, etc 751 785 i^rom animals that died of disease or killed too young . . 7g5 Freshly killed, wagons 'hauling' covered 790^' -yj Sale and delivery of on Sabbath, .. , 1834, 1818 Vendors must have scales . i,501 MEDICINE STANDS. Selling medicine under auctioneer or peddler's license, prohibited, MILK. 1094, 1095 Adulterated or impure, sale of. 817 JJairy wagons must have signs on. . 92l Inspectors, duties ot as to 819 Rights of ' " ' 82'^ May be sold on babbath . igifi Permit for sale of go^ Parturition, ten days before "and' ^' after, sale of gjg Skimmed, vessel containi'ng, " so ' marked °' g^^ _ Samples analyzed, when '.[[',] .823 What shall contain Penalty .824 .826 MINERAL WATER. (See Sabbath). AlINISTKRS OF GOSPEL. Excu.sed from taxation, when . . . .1873 MINORS. (See Barrooms). Payments to 298 MOCKING BIRDS. (See Birds). ^MUNICIPAL CORPORATIONS. IMinutes and records of, when and how made evidence 317 Lanes and alleys, closing of per- mitted by 269 Penal bonds, forfeiture of, provis- " ion for -iQf. Sales of property for taxes, law ' concerning 265 et scq. General law aftecting 320 e^ seq. NAMES OF STREETS CHANGED. (See Streets). NEWSPAPERS. May be sold on Sabbath 18 17 NUISANCES. (See Board of Health Sanitary Aft'airs). Abatement of. 169, 172, 308 et seq., 764 Board of Health may inquire into, 1793 Judgment of, conclusive 1794 Defendant, how summoned 1798 Execution of sentence, fine 1796 Mayor and General Council, niav -.^""J--: '.1797 •Mirisdiction of Recorder's Court, ^ . . 200, 1799 1 rivies, when declared I8OI Slaughter house prohibited in cer- tain localities 1800 Refusal to abate, penalty 1795 Penalty section ' " 1802 From stagnant water, how abated, 84.3 NUMBERS. (See Houses). OFFICES. Ifoiiis .-,09 Holding of, regulatetl. dual pro- ^"bited 510 e^ ^cq. OFFICERS. Amount of bonds of 493 Auditing witness fees, not al- ^'°7«^ 516, 517 Bonds of, hdehty companies may make 503 Cannot represent suits r,s. city. . . . .507 Election by people, when 19.5 Extra lielp, employment of, regu- lated 494, 495 Fee bill for, established by Coun fil 212 Holding dual offices prohibited, 510 e^ seq. 590 Index. Janitor, appointment of author- ized 496 Handling city funds, cannot become sureties 497 Liable for illegal expenditures, 499, 500 Loans to city employes bv, prohib- ited ' ' 501, 502 May justify, when sued in official character 216 Officers and employes must live in city 492 Official bonds ol. Mayor, Council- men and Aldermen cannot sign, 505 Salaries of 218, 518 Deputies appointed must be citi- zens of this State 320 Weekly reports to Councilmen made by 491 Removal from ward disqualifies .... 60 Must reside in wards elected for .... 60 OLD SOLDIERS. ( See Peddlers ) . OLEOMARGARINE. Regulation, sale of, law concern- ing 787 et seq. OPIUM JOINTS. Prohibition of, and penalty for 767 OPERA HOUSES. (See Theatres). ORDINANCES. Passed by Mayor and General Councif " 33 Penal 37 Readings required to pass 38 Revised City Code, adoption of... 1985 PARDONS. Power vested in Mayor 352 PARKS. (See Board of Park Commis- sioners ) . Under control of Park Commis- sioners 954, 964 Dogs not allowed in 958 Breaking flowers and foliage in... 959 Violation rules of 960 Right of city to condemn lands for. . 161 Springvale, ordinance accepting. . .962 City ordinance as to stands, peace and order, apply to. . .955, 956 Animals, protection of 957 State penal laws, violation of 961 North avenue, park m, accepted, 963 Ordinance of force in Piedmont Park 1821 Ponce de Leon and Grant Park, police protection 18 Piedmont, police protection 18 Purchase of 240 ( h ) PARK STREET. Fixing grade of 1203 J'ATENT MEDICINES. (See Medicine). PAWNBROKERS. License for 68(a), 1476, 1477 Report to Chief of- Police 1610 PAVING. (See Venable Ordinance for. 1178 et seq.) Bill for, machinery of City Govern- ment, used to collect 1183 Between double tracks by street railway company 140, 143 Council may order laid 138 Connecting streets 146 City not liable for property owner's pro rata 1 182 Legislation to make installment payments efficient 1185 jMaximum chargeu company on paved streets 140, 141 On unpaved streets 144, 145 Option of property owner to pay cash for ' 1179, 1181 Property owner's jjro rata re- funded, when 1344 New sand used in relaying, 1212, 1212(a) Streets, abutting owner's assessed, petition for 139 Street railway companies, install- ment privilege, not extended to, 1183 Bills for, maae out by City Engi- neer 1255 Collected by Street Improve- ment Collector 1255, 1256 Transfer of 1180, 1257 Interest on 1262 Abutting owners to have ten days' notice 1258 Bills for, collection of must not be postponed 1263 Manner of collecting 1266 Ordinance tor, as to street railway companies 1345 Repairing (p. 107 ) 320 Streets and sidewalks 1034, 1035 Assessments for. (See Assessments). PAUPERS. ( See Cemetery ) . Burials of 1522 ct seq. PEACE, GOOD ORDER AND MORALS. Public indecency 1803 Indecent dress 1804 Noise at night 1805 Drunkenness, hooting, etc 1806 On street 1807 Penalty, how relieved against, 1807 Court to inform prisoner of this method of relief 1808 Lewd women in public places .... 1809 Men must not talk with them familiarly 1810 Penalty 1811 Alabama flips 1812 Penalty 1813 Liquor dealers, keeping open doors after hours 1814 Index. 591 Stores kept open on Sabbath 1815 Milk bread, etc., sold on Sabbath, 1810 What other articles sold on 1817 Meats to hotels, etc., sold on 1818 Stairways, loitering or sleeping in, 1819 Penalty 1820 Piedmont Park, ordinances of force of 1821 Barrooms, females not to enter . . . 1822 Penalty 1823 Pool and billiards, minors not to play in 1824 Minors must not enter without parents' consent 1825 Opening ana closing 1826 Penalty 1827 Shooting in city 1828 Defacing buildings 1829 Cock fighting 1830 Street lamps, injury to 1831 Gas and gasoline lamps, interfering with 1832 Sabbath, barbers not to keep open on 1833 Sabbath, sale and delivery of fresh meats, etc., on 1834 Houses of ill fame, owners of 1835 How abated 1836 Occupants 1837 Evidences as to 1838 Ejection of tenants 1839 Disorderly houses 1840 Public meetings 1841 Offenders, arrest of 1842 Penal laws, violation of 1843 Aflrays, persons summoned to sup- press 1844 Policemen, interfering with duties of • 1845 Firing off cannon 1846 Fireworks 1847 Streets, assembling and loitering in 1848 Churches, idling in front of, dis- orderly conduct 1849, 1856 Lodging in outhouses, begging, public playing and betting 1850 Penalty 1851 Streets, feeding animals on 1852 Passenger depot, porters, etc., en- tering 1853 Duty of policemen 1854 Public schools, disturbance of.... 1855 Public worship, disturbance of by vehicles 1857 Funeral processions 1858 Funerals, vehicles passing house where held 1859 Smallpox, patients to be guarded. .1860 Telegraph poles, defacing of 1861 Mocking birds not trapped 1862 Prosecutions, limitations of 1864 Entry fees, must be paid, how, 1865, 1866 Flying jennies, must liave permits, 1866(a) Penalty 1866(?>) Pimps and enticers 1 866 ( c ) Ticket scalpers, soliciting on side- walk lS66(e) Penalty 1806 (^ Suspected criminals 186G(rf) Dance houses 1866 ( q ) Athletic games 1867 Permits, applications for 1868 Mayor acts between sessions of Council 1869 No games without 1870 Penalty 1871 Astrologers and fortune tellers, 1872, 1873 Spitting on sidewalk 1874 See Act of Legislature under Section 320. PEACHTREE STREET. Pipes on, regulated 1242 et seq. PEDDLERS. ( See Licenses ) . All licenses, how obtained and paid for 1503 Licensed by Ordinary, must have city license also, penalty, 1490, 1491 Must exhibit license when demand- ed 1493 Mayor and General Council may revoke licenses to 1504 Peddling meat from wagons, 1497, 1500 Vendors of meat, ice, vegetables, etc 1501 Street vendors located by Chief of Police 1508 Confederate soldiers may peddle without license, when, 318, 319, 320, 1481 Peddling without license 1492 Selling unsound fruit, meat, eggs, etc 1507 Plying trade at other than place designated 1509 Peddling vegetables, fruits, etc., under peddler's license, only by producer 1512 Penalty 1513 PENAL LAWS. Of the State, violation of 1843 Ordinances, passed by Council 37 PERMITS. Games and athletic sports, how se- cured for 1868 et seq. Street excavations, sewer and gas pipe 1218 et seq. For buildings. (See Buildings, Building Inspector). For wood yards 670 Milk, sale of 825 PERSONAL PROPERTY. Removal to City Hall, for sale of when not required 217 592 Index. PHYSICIANS. (See City Physicians). Sliall report smallpox to Board of Health 771 Births and deaths 832. 837 Certificate Oi death 837 PIEDMONT PARK. I See Parks ) . Provision for purcliasc of 240(5) PIMPS AND EXTICKRS. Of strangers to gauibling houses, 1866(c) Suspected .TiininMls 1866(d) PIPES. Assessment tor 125 Injury to, liability and punishment, 103 Must" cut hole through curbstone where necessary 1170 PLATS. For sale of property, tiled with city, 1098 PLUMBERS. (See Drainage). POLES. After setting, sidewalks must be left in good condition 1112, 1113 Applications for permit to set ... 1289 Electric Board to regulate use of, 1100 When rejected and not removed, 1101 For electric wires, must be set in alleys, when 1290 Granting permits to erect, powers reserved 1300 Main line must be confined to one side of street 1291 Surplus dirt must be removed 1111 Telegraph and telephone, must be painted 1099 Defacing 1861 POLICE DEPARTMENT. (See Board of Police Commissioners, Bail). Generally— Board of Commissioners to govern 1578 et seq. To make rules for 1582 Chief of— His orders obeyed 1600 General duties 1599. 1601 Responsibilities and special duties 1602 Books, what kept by 1603 Itemized bills submitted by.. 1604 To suspend subordinates 1605 Notice read to force by 1607 Stolen property, when and how disposed of 1608, 1609 Name of, signed by Assistant Chief, when 1618 Book for communications kept bv 1619 Oath of 1746 Assistant Chief — Duties oi I(i06 ef seq. Is Chief of Detectives. 1611, 1612 Oath of 1747 Conductors on street railways have police powers 320 Pawnbrokers, etc 1610 Junk dealers 1720 Signal system 1720 el seq. Detectives, duties generally, 1613 et seq. Captains, general duties and re- sponsibilities 1631 et seq. Oath of 1748 Sergeants, general duties and re- sponsibilities 1648 et seq. Stationhouse keepers, general du- ties and responsibilities, 1657 et seq. Oath of 1749 Patrolmen, oath of, term ana com-' pensation 1750 Interference with duties of. . .1845 Assuming to be, unlawful. .. 1630 Bridges, condition of, reported by. to give whole time 1671 Shall enforce anti-cigarette law 1718 Rules governing 1672 et seq. Leaks and water pipes re- ported by 1719 Mounted men. rules governing . . .1721 Callmen, must respond promptly, 1722 Wagonmen, duty and responsibili- ty of ■ 1723 Turnkeys, duties of 1724 Custodian, duties of 1725 Signal service, rules governing, 1726 et seq. Reserve force, duty of 1731 Engineers, rules governing, 1732 et seq. Policemen, special, duty of 1735 Watchmen, private, how regulated, 1736, 1737 Charges, trials, etc., rules gov- erning ' 1738 Physicians of city to attend po- licemen 732 Processions, public, military and civic 1754 et seq. Duties of policemen as to street improvements 1223 Appointment on force, application for 1751 New waterworks, protection over.. 104 Number of force 1753 Electric lights inspected and re- ported by 1272(a) Collins Park & Belt R. R., police protection 1758 (a) et seq. Service for West End 14 Uniforms for men 179 POLLS. Where located 333 Time of opening and closing 334 Managers at, duties 335 PONCE i)K LEON. Extension, police protection 18 POOL. (See Billiards and Pool). Index. 593 POOL SELLING. Prohibited 1892 POWDER. Sale of, quantity kept on hand. . . .1573 Dealers in, must have signs 1577 Gunpowder, license to sell 1574 License for sale of, how obtained, 1575 Council may refuse 1576 POWELL STREET. Watchmen must be kept at cross- ing of 1302 PRIMARIES. Regulations for holding 320 PRIVATE PROPERTY. (See Assessors). Assessed for water pipe 125 Condemned for waterworks plant, damage 83, 84, 85 Condemnation of, as per Code of Georgia 120 Extension of waterworks, 115 to 117 For parks, etc 161 Rights and remedies, disputes, 120 General law of 271 et scq. Damage to, for running sewer through 1214 Damages, two freeholders appoint- ed to assess 126, 1373, 127 Fifth assessor 129 Sewers through 43 Grades, permanent, how estab- lished 136, 137 Improved, assessed for water pipe, 125 Grading of, in settlement of dam- ages 1208 et seq. Plats laid otf for sale, must be filed 1098 Posts may be set on sidewalk without permit 1341 Paving, cost of paid by owners of. .140 Sold under tax execution, redeem- ed in one year 265 et seq. City may bid in 266 Taken for public use, optional to accept assessments 128 Street improvements, option of owner to pay cash 1179 By street railway companies, pro rata, when refunded. .. 1344 Dangerous lots, enclosures around. 1092 Executions transferred, rights of transferee, redemption of, 262, 263, 264 Claims, release from 1210 PRIVATE STABLES. (See Livery Sta- bles ) . PRIVATE WATCHMEN. Appointment of, law concerning, ' 1736 et scq. PROSECUTIONS. Limitations of 1864 (38) PUBLIC DEBT. Sinking fund to pay 226 PUBLIC MEETINGS. Regulation of in streets 48 How held and regulated 1841 PUBLIC SCHOOLS. (See Board of Edu- cation). Board of Education has control of, 937 Expenses for, paid out of treasury, 182 Disturbance of 1855 Superintendent of, teachers in, elected by Board 181 Power of Council to establish and maintain 180 Plan of instruction in 940 Text books for, how selected 939 Contagious diseases in 779 Board of Lady Visitors, 951, 952, 953 Grammar School for West End 13 Tax for, how raised 946, 947 PUBLIC PROPERTY. . Sale of 986, 987 PUBLIC WEIGHER. Appointment of, salaries, 519, 1386, 1387, 1388 Duties of 1389, 1391 Establishment of system 1385 Books of 1390 Comptroller to furnish books to.. 1392 Coal dealers shall have wagons weighed, when 1394, 1395 Certificate of false weight 1396 Certificate delivered to driver. ... 1399 Changing certificate 1397 Certificates, how made out and signed 1398, 1403 Fees, by wiiom paid 1393 Interfering with 1401 When appointed 1402 Selling part for all 1400 QUARANTINE. Board of Health may establish 772 Fumigation 773 Laws concerning 772 et seq. RAILROADS. Alabama street, extension of, con- demnation of 131 et seq. Assessed for improvements by Council 142 Bridges across tracks, building and repairing 39, 1378 et seq. Building across streets and allevs, penalty 1358, 1359 Crossing certain streets, speed regulated, penalty 1352. 1353 Crossings obstructed longer than three minutes 1301 Incorporation of, general law 320 Flagmen to act as policemen 1354 Getting on and off moving trains. 1355. 1377 594 Index. Loitering around tracks of 1357 Property of subject to taxation, 257 et scq. Speed of trains in city 1360 Western & Atlantic, Alabama street extension 133 Whistling within corporate limits. 1358 Switching trains on Sunday 1373 Switching across certain streets, within certain hours, 1365 et seq. Discharging freight at 1364 Crossing watchmen, hours of 1375 Mitchell street, crossing of trains regulated 1368 ct seq. Powell street crossing, watchmen kept at 1362 Peters street, number of watchmen at 1374 Watchmen to be kept at all cross- ings 1352, 1363 ]\IcDaniel street crossing, flagmen at 1376 Water closets on cars 761 Employes appointed as policemen, 1356 Two cars or engines approaching crossing at same time 1366, 1367 RECORDEE. (See Courts and Trials). Authority of, and term of office, Bond of 493 election 198 Hours for holding court 1765 Jurisdiction of court 200 May hold other office not conflict- ing 201 Salary of 199 Court, member of Council may hold 202, 1765 Powers, concurrent with Mayor, etc 201 May bind over off'ender against State law 307 RELIEF COMMITTEE. City physicians, supervision over, 735 REGISTRATION. (See Registrar, Elec- tions). All qualified to vote, entitled to 339 Lists close November 25 338 Books of, time kept open 344 Necessary to vote 336, 345, 349 Oath of voter, before whom taken, form of 337, 340, 343 Of voters, how, when and by whom, 337 Removal of voter from ward to an- other 341, 346 Hours lor 347 Provided for 214 REGISTRAR. (See Elections, Registra- tion, Voters ) . Appointment of, duties, compensa- tion 214 Lists of voters consolidated by, 343. 348 Tax Collector appointed as, 214, 337, 342 Voters shall take oath before 343 RESTAURANTS. May keep open on Sabbath. (See Sabbath). REVENUE. Provision for raising 62 RETAILING. (See Liquor Traffic). REWARDS. (See Police Department). RIOTS. Emergency, Mayor has special power 320 Special appointments in case of.. 1735 ROLLER SKA'iES. Not allowed on sidewalks or streets 1201, 1202 SABBATH. Stores kept open on 1815 Milk, bread, etc., sold on 1816 Barbers not to keep open on 1833 Sale and delivery of meats 1834 What may be sold on 1817 Keeping open house on 320 SANITARY AFFAIRS. (See Board of Health, Quarantine, Nuisances, City Physicians, Diseases). Dead animals, carcasses. (See An- imals). Appropriations for 173, 247 Contagious diseases, must be re- ported 749, 750 Crematories 173 Decayed meats, fruits, vegetables, etc 751, 785 Dumping grounds regulated, pro- visions for 804 Profane language, fighting or quarreling 805 Interference by outsiders 806 Interference along road lead- ing to 807 Garbage and excrement 747 Inspection 741 ( a ) , 742 Inspectors, Chief of, salary 743 Hides, dry and green, on premises, 752 Decayed matter, placing on prop- erty of another 753 Inspectors, powers and duties of, 745, 784 Examination by 746 Milk, law concerning 817 et seq. New waterworks, sanitary regula- tions for 104 Drainage for filthy water 763 Obstructing drains 768 Privies, excreta, examination of, 757 et seq. Filth from, deposited on streets 844 Index. 595 Guano factories 765, 766 Sanitary tax, $3.00, levy of 255 Opium joints 767 Smallpox, signs to be hun