CITY CHARTERS Colorado Springs 1909 Dallas 1907 Dallas (with Amendments) 1909 Denver 1904 Grand Junction 1909 Grand Rapids 1904 Houston 1905 Memphis 1909 Mobile 1906 Mount Vernon 1910 Palo Alto 1911 San Antonio 1907 Tulsa 1909 J 5/3 As. or :jy- THE CHARTER OF THE CITY OF COLORADO SPRINGS FRAMED BY THE CHARTER CONVENTION, MARCH 20. 1909 BY AUTHORITY OF ARTICLE XX. OF THE CONSTITUTION TO BE VOTED ON MAY 11. 1909 C_u l^ v--'-v,a_iv.^^'\. THE CHARTER OF THE CITY OF COLORADO SPRINGS FRAMED BY THE CHARTER CONVENTION. MARCH 20, 1909 BY AUTHORITY OF ARTICLE XX. OF THE CONSTITUTION TO BE VOTED ON MAY II, 1909 THIC t)lT W i;s r I'KIN'l IN<; AND STATIONERY CO., <<)L«)KA1>0 S1'HIN( OFFICERS AND MEMBERS OF IE CHARTER CONVENTION OF THE CITY OF COLORADO SPRINGS OFFICERS AND EMPLOYES PRESIDENT HARRY H. SELDOMRIDGE VICE-PRESIDENT JAMES J. EUBANK SECRETARY,- EDWARD C. SHARER ASSISTANT SECRETARY. . . . GEORGE M. IRWIN STENOGRAPHER. MARY L. RICHARDSON MEMBERS WILLIAM M. BANNING JACOB BISHOFF WILLARD N. BURGESS FRANK F. CASTELLO WILLIAM J. CHINN . JAMES J. EUBANK THOMAS J F;SHER JOSEPH B. FOWLER MOSES C. GiLE OLIVER P. GRIMES HENRY C. HALL JOHN M. HARNAN HENRY W. HOAGLAND P, M. KISTLER HORACE G. LUNT THOMAS F. McCAFFERY MYER S. RAFIELD HARRY H. SELDOMRIDGE EDWARD C. SHARER WILLIAM H. SPURGEON EDGAR J. ULLRICH PREFATORY SYNOPSIS. The Charter Convention, elected on January 19, 1909, submits to the voters for approval, a draft of the Charter for the City of Colorado Springs. The Charter provides that the legislative, executive and judicial powers of the City shall extend to all matters of local and municipal government. The City shall have all the powers, privileges and functions which are granted by the constitution or laws of this State to any city of the first class. The powers of the City are vested in the elective officers, the Mayor and four Councilmen, elected at large for four year terms and subject to recall. The legislative powers of the City are vested in the Council, ex- cept as reserved to the people by the provisions as to initiative and referendum. The executive and administrative power, authority and duty of the City are distributed among five departments: Department of Water and Water Works, Department of Finance, Department of Public Safety, Department of Public Works and Property, Department of Public Health and Sanitation. The Mayor is to be the Commissioner of Water and Water Works. The Council designates by majority vote one Councilman to be Com- missioner of each of the other departments. The Mayor is to be the chief executive officer of the City and upon the recommendation of the Commissioner of the appropriate depart- ment, appoints the heads of such department and all other employes in the service of the City. He is allowed to suspend or remove any officer or employe when, in his judgment, the public interests demand. The proposed Charter preserves every valuable feature of the laws of the State of Colorado, and has only introduced such new methods or machinery as after careful consideration, were deemed advisable and necessary in the assumption of home rule. A complete, non-partisan system for the election of municipal officers has been provided. Adequate provision for Civil Service has been made. M17218 Special attention is called to the provisions made for the admin- istration of the Water Department, and the refunding of outstanding water bonds. The rights of the City are carefully guarded in the matter of public franchises and utilities. The Charter retains in the people the right to control public utilities, and requires that provision shall be made in every franchise hereafter granted permitting the City to purchase at a fair valuation such public utilities whenever the peo- ple shall deem it best so to do and vote in favor thereof. The contents are arranged as follows : Article I. Name, Boundaries, Powers, Rights and Liabilities. Article II. Elective Officers. Article III. The Council. Article IV. The Mayor. Article V. Executive and Administrative Departments. Article VI. Department of Water and Water Works. Article VII. Department of Finance. Article VIII. Department of Public Safety. Article IX. Department of Public Works and Property. Article X. Department of Public Health and Sanitation. Article XI. Commissions and Boards. Article XII. Franchises and Pubhc UtiHties. Article XIII. Elections. Article XIV. Recall of Elective Officers. Article XV. The Initiative. Article XVI. The Referendum. Article XVII. Officers, Employes and Salaries. Article XVIII. Civil Service. Article XIX. General Provisions. THE CHARTER OF THE CITY OF COLORADO SPRINGS. PREAMBLE. We, the people of the City of Colorado Springs, under the authori- ty of the Constitution of the State of Colorado, do ordain and estab- Hsh this Charter for the City of Colorado Springs. ARTICLE I. Name;, Boundaries, Powers, Rights and Liabilities. 1. Name — Boundaries. — ^The municipal corporation now existing and known as the "City of Colorado Springs," shall remain and con- tinue to be a body politic and corporate under the same name and with the same boundaries, with power and authority to change its boundaries in manner authorized by law. 2. Powers — Rights — Liabilities. — (a) By the name of the "City of Colorado Springs," the City shall have perpetual succession, and shall own, possess and__^hold all property, real and personal, thereto- fore owned, possessed or held by the said City of Colorado Springs, and shall assume, manage and dispose of all trusts in any way con- nected therewith ; (b) Shall succeed to all the rights and liabilities, and shall acquire all benefits, and shall assume and pay all bonds, obligations and indebtedness of said City of Colorado Springs; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy, or sell and dispose of, real and personal property; (c) May receive bequests, gifts and donations of all kinds of prop- erty, in fee simple, or in trust for public, charitable or other purposes; and do all things and acts necessary to carry out the purpose of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or donation ; (J) Shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct and operate, waterworks, light plants, power plants, transportation systems, heating plants, and any other pubHc utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said City and the inhabitants thereof, and any such systems, plants or works or ways, or any contracts in relation or connection therewith, that may exist and which said City may desire to purchase, in whole or in part, the 5 same or any part thereof may be purchased by said City which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes ; (e) The legislative, executive and judicial powers of the City shall extend to all matters of local and municipal government, it being the intent hereof that the specifications of particular powers by any other provision of this Charter, shall never be construed as impair- ing the effect of the general grant of powers of local government hereby bestowed ; (/) The City shall also have all powers, privileges and functions which, by or pursuant to the Constitution of this State, have been or could be granted to or exercised by any City of the first class ; (g) All powers of the City shall, except as otherwise provided in this Charter, be vested in the elective officers, subject to distribution and delegation of such powers as provided in this Charter or by ordinance. ARTICLE II. . . ELECTIVE OFFICERS. 3. Officers — ^Terms. — ^The elective officers of the City shall be a Mayor and four Councilmen, each of whom shall be elected at large by the qualified electors of the City. The term of all elective officers, ex- cept as otherwise provided herein, shall commence at lo o'clock a. m., on the first secular day of May following their election, and, except as otherwise provided herein, shall be for four years and until their suc- cessors are elected and qualified; provided, however, that of the four. Councilmen first elected under this Charter, the term of the two receiving the highest number of votes shall be for four years, and the term of the other two shall be for two years; and provided, further, that the terms of the elective officers first elected under this Charter shall commence at lo o'clock A. M. on the third Tuesday following the first general municipal election held under this Charter and shall end at lo o'clock a. m. of the first secular day of May following the election of their successors. 4. Qualifications. — No person shall be eligible to the office of Mayor or Councilman unless he be a citizen of the United States, at least twenty-five years of age, and shall have been for five years im- mediately preceding such election a citizen of the City of Colorado Springs, and for two years immediately preceding his election shall have paid City taxes. 5. Vacancy. — If a vacancy occur in the office of Mayor or Council- man, the Council shall appoint an eligible person to fill such vacancy until the next general municipal election, subject to the provisions of Article XIV. Any vacancy shall be then filled by election for the unexpired term. G \"acancy shall exist when an elective officer fails to qnalify for ten days after notice of his election, dies, resigns, is removed from office, removes from the City, absents himself continuously therefrom for more than six months, is convicted of a felony or judicially declared a lunatic as defined by statute. 6. Removal. — In case of misconduct, inability or willful neglect in the performance of the duties of his office, the Mayor or any Council- man may be removed from office by the Council by a vote of four members, but he shall be given an opportunity to be heard in his defense, and shall have the right to appear by counsel and to have process issue to compel the attendance of witnesses who shall be re- quired to give testimony if he so elects. In such case the hearing shall be pubhc and a full and complete statement of the reasons for such removal, if he be removed, together with the findings of fact as made by the Council, shall be filed by the Council with the Clerk, and shall be and become a matter of pubhc record. ARTICLE III. THE COUNCIL. 7. Legislative Powers. — ^All legislative powers of the City shall, except as otherwise provided by this Charter, be vested exclusively in a Council, which shall consist of the Mayor and four Councilmen. 8. President and Vice=President of Council. — The I\Iayor shall be President of the Council, and, when present, shall preside at all meetings. The Council shall elect one of its number to be Vice- President, who, during the absence or disability of the Mayor, or while any vacancy exists in the office of the Mayor, shall possess all of the powers and perform all of the duties of the Mayor, except that he shall not have any power of removal. 9. Judge of Their Elections. — ^The Council shall be the judge^of the election and qualification of its own members, subject to review by the courts, in case of contest. 10. Restrictions Upon Members of the Council. — No member of the Council shall hold any other public office or employment, com- pensation for which is paid out of municipal moneys. No person shall be elected or appointed to any office, position or employment, the compensation of which was increased or fixed by the Council while he was a member thereof, until after the expiration of^one year from the date when he ceased to be a member of the Council. 11. Rules of the Council. — The Council shalljdetermine its own rules of procedure, may punish its members for disorderly conduct, and may compel the attendance of members. 12. Meetings of the Council. — ^The Council shall prescribe the time and place of its meetings, and the manner in which special meetings thereof mav be called. The City Clerk shall be the Clerk of the Council, and shall, with the Mayor, sign and attest all ordinances and resolutions. A majority of the members of the Council shall constitute a quorum to do business, but a less number can adjourn. The Council shall sit with open doors at all legislative sessions, and shall keep a journal of its proceedings, which shall be a public record. 13. Ordinances and Resolutions. — (a) At legislative sessions the Council shall act only by ordinance, resolution or motion. (b) The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of its pro- ceedings. Upon the request of any member, the ayes and noes shall be taken and recorded upon any motion. Every member when present must vote, and every ordinance shall require on final passage, the affirmative vote of three members. (c) No ordinance shall be passed finally on the date it is intro- duced, except in the case of public emergency, and then only when requested by the Mayor in writing. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emer- gency measure. (d) The enacting clause of all ordinances passed by the Council shall be in these words: "Be it Ordained by the City Council of the City of Colorado Springs;" (e) Every ordinance shall be published once in full in a daily newspaper of the City at least ten days before its final passage. 14. Publication of Ordinance Adopted. — Every ordinance adopted shall be published once in a daily newspaper of the City and shall not take effect until five days after such pulDlication, except emergence- ordinances passed as provided in this Article, which shall take effect upon passage and be so published on the following day, subject always to the provisions of Article XVI. 15. Amendment or Repeal. — -No ordinance or section thereof shall be amended or repealed except by ordinance adopted in the manner provided in this Charter. 16. Ordinances Granting Franchises. — No proposed ordinance granting any franchise shall be put upon its final passage within sixty days after its introduction, nor until it has been pubHshed not less than once a week for six consecutive weeks in two daily newspapers of general circulation published in the City. 17. Record of Ordinances.^ — ^A true copy of every ordinance shall be kept in a book marked "Ordinance Record," and authenticated by the signatures of the Mayor and Clerk. 18. Proof of Ordinances. — ^Any ordinance may be proved by a copy thereof certified by the Clerk, under the seal of the City; or when printed in book or pamphlet form and purporting to be published by the'authority of the City, the same shall be received in evidence in 'all Courts, or other places, without further proof. 19. Publication of Charter and Ordinances. — The Council shall, as speedily as may be, and in any event within two years from the time of its organization under this Charter, and from time to time thereafter, cause all ordinances at such times in force to be classified under appropriate heads, and to be published in book form, together •with or separate from the Charter, and such provisions of the Con- stitution and laws of the State as the Council may deem expedient. 20. Power to Establish Offices. — ^The Council shall, consistent with the provisions of this Charter, establish any office, position or employment that may in its opinion be necessary or expedient, and fix the salary and duties thereof. It may at any time abohsh the same, whereupon the salary attached thereto shall cease. 21. Statements. — ^The Council shall cause to be printed each month in pamphlet form a detailed statement of all receipts and ex- penditures of the City and a summary of its proceedings during the preceding month and furnish printed copies thereof to the public library, the daily newspapers of the City and to persons who shall apply therefor at the office of the Clerk. Said statement shall also show the amount of water used during the preceding month and the amount of reserve water in storage at the end of that month. • 22. Vote of Council on Appointments. — ^All votes upon appoint- ments shall be by roll call and recorded. The vote of three members shall be necessary for appointment. ARTICLE IV. THE MAYOR. 23. Duties — ^Authority — Powers. — (a) The Mayor shall be the chief executive officer of the City. (6) He shall take care that this Charter, the laws of the State and the ordinances of the City are duly enforced within the City and its jurisdiction. He may remit fines, costs, forfeitures and penalties im- posed for the violation of any ordinance, but shall make a report of such remissions to the Council at the next meeting thereafter with his reasons therefor. He shall have power to administer oaths. (c) He shall sign all contracts, bonds or other instruments re- quiring the assent of the City and take care that the same are duly performed. All legal process against the City shall be served upon the Mayor or Acting Mayor. (d) He shall be charged with the general oversight of all depart- ments, boards and commissions of the City. (e) He shall be ex-officio a member of each board, commission or body created or authorized by this Charter, or bv any ordinance of the City. (/) He shall have the right to vote on all questions coming before the Council. (g) He shall have power to appoint experts to examine the affairs of any officer or department of the City, whenever he shall deem it necessary. (h) He may require any officer or employe of the City to exhibit his books and papers. Failure or refusal to exhibit books or papers so required shall be ground for removal. (i) He shall have and exercise such powers, prerogatives and authority as are conferred by the provisions of this Charter, or as may be conferred upon him by the Council, or by the general laws of the State, not inconsistent with the general purposes and provisions of this Charter. (y) He shall appoint all officers and employes of the City whose election or appointment is not otherwise expressly provided for in this Charter. (k) He shall, upon the recommendation of the Commissioner of the appropriate department, appoint such heads of departments, deputies and principal assistants as may be created by this Charter or by ordinance. (0 He shall, upon like recommendation, appoint all other officers or employes in the service of the City, except day laborers and un- skilled workmen, and except as in this Charter otherwise expressly provided. The Commissioner may suspend any officer or employe in his department for a period not exceeding ten days, and the Mayor may suspend or remove any officer or employe for cause, whenever in his judgment the public interests demand or will be better subserved thereby; and no officer whose office, position or employment, is created by ordinance shall hold the same for any fixed term, but shall always be subject to removal by the Mayor. In case of such removal, if the officer or employe so removed requests it, the Mayor shall file in the office of the Clerk a written statement of the reason for which the removal was made. The Council, by the affirmative vote of four members, may remove any of said offi- cers or employes. (m) He shall employ for a stipulated compensation, at the be- ginning of each fiscal year, a certified public accountant, who shall examine, at least twice each year, the books, records and reports of the Treasurer and of all officers and employes who receive or disburse City moneys, and the books, records and reports of such other officers and departments as the Mayor may direct and make triplicate reports thereof, and present one each to the Mayor and Treasurer, and file one with the Clerk. Such accountant shall have unlimited privilege of investigation to examine under oath or otherwise all officers, clerks and employes of the City, and every such officer, clerk and employe shall give all required assistance and information to such accountant, and submit to him for examination such books and papers of his office as may be requested, and failure to do so shall be ground for removal. The Council shall provide for the payment of the services of such accountant. 10 24. Veto Power.— In ordinances making appropriations, the Mayor may veto any or every item therein, but such veto shall only extend to the items so vetoed, and those which he approves shall be- come effective, and those which he disapproves shall not become effective, unless passed over his veto by the vote of four (4) members of the Council. ARTICLE V. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. 25. Distribution. — ^The executive and administrative powers, authority and duties of the City, not otherwise herein provided for, shall be distributed among five departments, as follows: Department of Water and Water Works, Department of Finance, Department of Public Safety, Department of Public Works and Property, Department of Public Health and Sanitation. 26. Council Assign Duties. — ^The Council shall determine and assign the duties of the several departments; shall prescribe the duties of officers and employes; may assign particular officers and employes to one or more of the departments; may require an officer or employe to perform duties in two or more departments, and may make such other rules and regulations as may be deemed necessary or proper for the efficient and economical conduct of the business of the City. 27. Commissioners of Departments. — The Mayor shall be the Commissioner of Water and Water Works. The Council, at its first regular meeting after the election of its members, shall designate by majority vote one Councilman to be Commissioner of Finance, one to be Commissioner of Public Safety, one to be Commissioner of Public Works and Property, and one to be Commissioner of Public Health and Sanitation ; provided, however, that if the Council is unable to agree upon such designation, the Mayor shall have the authority to make such designation. 28. Council May Change Designation. — ^The Council may change such designation (except that of the Department of Water and Water Works) by ordinance, or by resolution, whenever it shall determine that the pubHc service requires such change. 29.^Commissioner May Employ or Discharge. — ^The Commissioner for each of the departments shall have the supervision and control of all the affairs and property belonging to such department, except as otherwise provided in this Charter, or by ordinance, subject to such regulations as may be prescribed by the Council. He may employ and discharge or delegate to any subordinate the power to employ and discharge day laborers and unskilled workmen. ARTICLE VI. DEPARTMENT OF WATER AND WATER WORKS. 30. Department an Entity. — ^The Department of Water and Water Works shall embrace all property, rights and obligations of the Cit} in respect of water and water works, and shall insofar as practicable be administered as an entity. To that end all contracts, records and muniments of title pertaining thereto shall be assembled and care- fully preserved, and accounts shall be kept of its assets, liabilities, receipts and disbursements, separate and distinct from the accounts of any other department. Its revenue shall be so applied that as far as possible the department shall be self-sustaining. 31. Commissioner Administer Department. — The Commissioner of Water and Water Works is charged with the administration of said department. He shall appoint all such officials, assistants and skilled employes as may be necessary, and may secure the services or advice of hydraulic engineers, special counsel and other experts for such compensation as may be approved by the Council. He shall take care that the water supply of the City is preserved from impair- ment or pollution and seasonably augmented so as to assure at all times a supply of potable water adequate for the growing needs of the City. To that end he shall cause comparative investigation to be made of all available reservoir sites and sources of such water supply and report thereon to the Council with his recommendations. He shall also prepare and submit to the Council measures for the storage and augmenting of the City's supply of water for ditch and irrigation purposes. He shall cause adequate water measurements and tests to be made and record thereof preserved. 32. Commissioner Fix Rates — Council Impose Fines. — He shall with the approval of the Council expressed by resolution, fix rates and establish regulations for the use of water by consumers and regula- tions for the orderly administration of the department. The Council shall by ordinance impose fines and penalties for the violation of any of said regulations. 33. Duty of Commissioner as to Bonds. — He shall, as soon as may be after this Charter goes into effect, prepare with the advice of the Commissioner of Finance a measure for the retirement by purchase or redemption of the existing water bonds of the City through the issuance and sale hereby provided for of bonds of the City to mature not later than fifty years from their date, bearing interest at a rate not exceeding four per centum per annum and providing for payments into a sinking fund commencing not earlier than ten years from their date, said interest and sinking fund payments to be chargeable primarily upon the revenues of the department, and shall submit said measure to the Council for action thereon. He shall from time to time in like manner prepare and submit to the Council for action thereon measures for such bond issues or other financing of the department's affairs as the needs of the City may require. 12 J4. Emergency Warrants. — If at any time the moneys appropri- ated and available for said department shall be insufficient in his judg- ment to meet any emergency arisen in said department since the passage of the last annual appropriation ordinance, the Council may, upon his requisition and by resolution declaratory of the emergency, cause emergency warrants to be issued in an aggregate amount not exceeding one hundred thousand dollars in any one year, bearing interest at a rate not exceeding si-x per centum per annum, and payable out of the receipts of said department for the ensuing year, including proceeds from the sale of bonds. Said warrants and the moneys realized thereon shall be appHed only to meeting the emerg- ency so declared. ARTICLE VII. DEPARTMENT OF FINANCE. 35. Fiscal Year Same as Calendar Year. — ^The fiscal year of the City shall commence on the first day of January and end on the last day of December of each year. 36. Public Moneys. — The Commissioner of Finance shall have the direct control of the revenues of the City except as otherwise provided by this Charter or by ordinance. The Council shall by ordinance provide a system for the collec- tion, custody and disbursement of all pubHc moneys, not incon- sistent with the provisions of this Charter. The Council shall by ordinance provide a system of accounting for the City, not inconsistent with the provisions of this Charter, which shall be assimilated as nearly as may be to the uniform system of municipal accounting. The Council shall by ordinance provide a system for the assess- ment, equalization, levy and collection of all City taxes, not in- consistent with the provisions of this Charter. 37. Adoption of Existing Law. — ^Until the Council shall other- wise by ordinance provide, the Statutes of the State of Colorado now or hereafter in force, shall govern the making of assessments by the .\ssessor of the County in which the City is situated, the making of equalization by the Board of County Commissioners of said County and the collection of taxes by the Treasurer of said County for and on behalf of the City, as also in respect of the certification and collection of all delinquent charges, assessments or taxes. 38. Certificate of Assessment. — Until the Council shall other- wise by ordinance provide, it shall be the duty of the County As- sessor as soon as the assessment roll is ready in each year for the extension of taxes in accordance with the general laws of the State, to certify to the Council the total amount of property assessed within the limits of the City. 13 39. Estimates of Probable Expense. — On or before the first Mon- day in November in each year the Commissioners, Boards and Com- missions of the City shall furnish to the Mayor estimates in writing of the probable expense to be incurred in their several departments for the ensuing fiscal year, specifying in detail such probable ex- penditures, including a statement of the salaries of their subordin- ates. Duplicates of these estimates shall be sent at the same time to the Commissioner of Finance. The Commissioner of Finance shall, on or before the first jNIonday in November in each year, certify to the Mayor the amount of mone)^ to be raised by taxation during the ensuing fiscal year to make pay- ment of interest, sinking fund and principal of bonded indebtedness, and also the estimated am.ount of revenue from all sources other than tax levy. 40. Mayor's Budget. — From such estimates the Mayor shall, on or before the third Monday in November in each year, or on such later date in each year as shall be fixed by the Council, prepare and present to the Council his annual budget for the ensuing fiscal year, which shall include interest and sinking fund on the bonded debt. The budget so prepared shall be in such detail as to the aggregate sum and the items thereof allowed to each department, office, board or commission as the Mayor may deem advisable. 41. Action on Budget. — The Council shall, on receipt of the budget, consider and adopt the same with or without amendment. In amending the Council may r-educe or omit any item but shall not increase any item nor the total of the budget nor add any item thereto nor originate a budget. The Council shall also in adopting the said budget, estimate and declare the amount of money necessary to be raised by tax levy, taking into account the amounts available from other sources to meet the expenses of the City for the ensuing fiscal year, based on the budget so adopted. Said budget and estimate as finally adopted shall be signed by the Mayor and Clerk and filed with the Auditor. 42. Levy. — Upon said estimate the Council shall forthwith pro- ceed to make by ordinance the proper levy in mills upon each dollar of the assessed valuation of all taxable property within the City, such levy representing the amoimt of taxes for Cit}^ purposes necessary to provide for payment during the ensuing fiscal year of all properly authorized demands upon the Treasurer, and until the Council shall otherwise by ordinance provide, the Council shall thereupon cause the total levy to be certified by the Clerk to the County Assessor who shall extend the same upon the tax list of the current year in a separate column entitled "The City of Colorado Springs Taxes," and shall include said City taxes in his general warrant to the County Treasurer for collection. The levy shall never exceed twenty mills on the dollar for all general City purposes upon the total assessed valuation of said taxable property within the City. The foregoing limitation of twenty mills shall not apply to taxes levied by the 14 Council for the payment of any interest, sinking fund or principal of any bonded indebtedness of the City now existing or hereafter created, nor for payment of interest, sinking fund or principal of the indebtedness of any town or city which may hereafter be incorporated with or annexed to the City; nor to special assessments for local im- provements. If the Council fail in any year to make said tax levy as above provided, then the rate last fixed shall be the rate fixed for the ensuing fiscal year. The amount required to make payment of any interest, sinking fund or principal of bonded indebtedness shall always be included in and met by tax lew, except as otherwise provided for in this Charter. 43. Appropriations. — ^Upon the basis of the budget as adopted and filed the several sums shall forthwith be appropriated by ordin- ance to the several purposes therein named for the ensuing fiscal year, Said ordinance shall be adopted not later than the thirty-first day of December in each year, and shall be entitled " The Annual Appropria- tion Ordinance." 44. No Liability Without Appropriation. — Neither the Council nor any officer or employe of the City shall have authority to make any contract involving the expenditure of public money, or impose upon the City any liability to pay money unless and until a definite amount of money shall have been appropriated for the liquidation of all pecuniary liability of the City under such contract or in conse- quence thereof to mature during the period covered by the appropria- tion. Such contract shall be ab initio null and void as to the City for any other or further liabiUty ; provided, first, that nothing herein con- tained shall prevent the Council from providing for payment of any expense, the necessity of which is caused by any casualty, accident or unforeseen contingency arising after the passage of the annual ap- propriation ordinance; and, second, that the provisions of this section shall not apply to or limit the authority conferred in relation to bonded indebtedness, nor for moneys to be collected by special assessments for local improvements. 45. Special Appropriations for 1909. — The Council shall during the year 1909 pass such special appropriation ordinances as may be necessary to pay the salaries and defray the expenses of any and all departments, officers and employes of the City for the year 1909, but not thereafter, for which provision is not made in the existing ap- propriation ordinance for that year, and the warrants for the payment of such salaries and expenses after being duly allowed and audited, may be drawn against such appropriation, and the amount so required for the payment of such warrants, or so much thereof as may be nec- essary, shall be payable out of any available moneys not otherwise ap- propriated, or failing such moneys the warrants shall be registered and payable out of the revenue for the next ensuing fiscal year. 46. Collection of Taxes. — ^Until the Council shall otherwise by ordi- nance provide, the County Treasurer shall collect City taxes in the same manner and at the same time as State taxes are collected, and all laws of this State for the assessment of property and the levy and collec- tion of general taxes, including laws for the sale of property for taxes and the redemption of the same shall apply and have as full effect in respect of taxes for the City as of such general taxes, except as modi- fied by this Charter. On or before the fifth day of every month, the County Treasurer shall report the amount of tax collections for the preceding month to the Auditor and shall pay over the amount collected for the pre- ceding month to the Treasurer. 47. Limitation of City Indebtedness. — Except as otherwise in this Charter provided, no bonds shall be issued for any purpose, except in pursuance of an ordinance authorizing the same, which ordinance shall be irrepealable until the indebtedness therein provided for, and the bonds issued in pursuance thereof, shall have been fully paid, and no bonds shall be issued unless the question of issuing the bonds shall be submitted to the vote of such qualified electors of the City as shall in the year next preceding such election have paid a property tax therein, and a majority of those voting upon the question by ballot shall vote in favor of issuing such bonds. The City shall not become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed three per cent, of the assessed valuation of the taxable prop- erty within the Citv, as shown by the last preceding assessment for City purposes; provided, however, that in determining the hmita- tion of the City's power to incur indebtedness there shall not be in- cluded bonds issued for the acquisition of water, light or other public, utiUties, works or ways from which the City will derive a revenue. 48. Special Statute Continued in Force. — The provisions of Sec tions 6657 and 6658 of the Revised Statutes of Colorado 1908 relating to sidewalks, and of Sections 6687 to 6694 thereof inclusive, relating to refunding bonds, are hereby made and declared to be in full force and effect in the City until the Council shall otherwise by ordinance provide. ARTICLE VIIL DEPARTMENT OF PUBLIC SAFETY. 49. Council Establish Police and Fire Departments. — ^The Coun cil shall, by ordinance, provide for the establishment and mainten- ance of a Police Department and a Fire Department, consisting of such employes as it may deem necessary. 50. Commissioner Have Supervision. — The ^Commissioner of Public Safety shall have the supervision and control of the Police and Fire Departments except as otherwise provided in this Charter, or by ordinance. 16 51. Police and Fire Department Relief Funds. — The Council shall by ordinance provide for a police department relief fund and for a fire department relief fund, to be administered by the Com- missioner of Public Safety. The Council shall annually appropriate a reasonable sum for each of said funds. POLICE COURT. 52. Existing Law Apply. — The existing Police Court of the City shall continue as provided in Sections 4946 to 4960 inclusive, of the Revised Statutes of Colorado, 1908, until otherwise provided by ordinance. 53. Jurisdiction. — -Said Police Court shall have exclusive original jurisdiction to hear, try and determine all charges of misdemeanor as declared by this Charter and all causes arising under any of the ordinances of the City for a violation thereof. There shall be no trial by jury and there shall be no change of venue from said court. ARTICLE IX. DEPARTMENT OF PUBLIC WORKS AND PROPERTY. 54. Commissioner Have Supervision. — The Commissioner of Public Works and Property shall have the supervision and control of all streets, public works, ways, buildings and improvements, except as otherwise provided in this Charter or by ordinance. There shall be appointed in the manner provided in this Charter all such assistants and employes as may be or become necessary to the efficient administration of this department of the City's gov- ernment. ARTICLE X. DEPARTMENT OF HEALTH AND SANITATION. 55. Assistants and Employes. — ^There shall be appointed in the manner provided in this Charter, a health officer, city chemist, market master, plumbing inspector and superintendent of cemeteries and all such assistants and employes as may be or become necessary to the efficient administration of this department of the City's government. 56. Qualifications of Health Officer. — ^The health officer shall be a graduate of a reputable medical college and shall have practiced medicine for at least five years. He shall have been a resident of this City for at least two years next preceding his appointment and shall be licensed to practice medicine in this State ; he shall have his license recorded with the County Clerk and Recorder of El Paso County, in accordance with the laws of the State of Colorado regulating the practice of medicine. Such health officer shall devote as much time as is necessarv to the duties of his office. 57. Qualifications of Assistants. — The chemist, market master, plumbing inspector, and the superintendent of cemeteries shall be persons properly skilled and qualified for the efficient and capable performance of their respective duties. 58. Power of Arrest. — The Commissioner of Health and Sanita- tion and all regularly appointed employes of the Department of Health and Sanitation shall have the right and power to arrest any person or persons who may violate any of the rules or regulations of the department. 59. Duty of Physicians and Householders. — Every physician in the City shall promptly report in writing to said department every patient whom he shall have sick of any infectious, contagious or com- municable disease dangerous to public health ; and every householder, upon reasonable notice from said department, that an occupant of his or her household is suffering from any infectious, contagious or com- municable disease, dangerous to the public health, shall forthwith adopt such preventive means and regulations as said department shall prescribe. Every physician who shall fail to report such case of sickness as required herein, and every householder who shall fail to comply with the rules, requirements and regulations of said depart- ment, shall be subject to such fines and penalties as the Council may by ordinance prescribe. 60. Council Make Ordinances. — The Council shall make all ordinances and regulations which may be necessary or expedient for the preservation of the public health and the suppression of disease. ARTICLE XL COMMISSIONS AND BOARDS. PARKS. 61. Commission — ^Statutes Apply. — ^The existing Park Commis- sion of the City shall continue with the powers, functions and duties established by Sections 6771 to 6788 inclusive, of the Revised vStatutes of Colorado, 1908, as in force January i, 1909, until changed by amendment of this Charter. PUBLIC LIBRARY. 62. Board — Statutes Apply. — The existing Board of Directors of the Public Library of the City of Colorado Springs shall continue with the powers, functions and duties established by Sections 3972 to 3984 inclusive, of the Revised Statutes of Colorado, 1908, as in force January i, 1909, until changed by amendment of this Charter. ARTICLE XII. FRANCHISES AND PUBLIC UTILITIES. 63. Franchise Granted Upon Vote. — No franchise shall be granted by the City except upon the vote of the qualified_tax-paying electors, 18 and the question of its being granted shall be submitted to such vote upon deposit with the Treasurer of the expense (to be determined by the Treasurer) of such submission by the appHcant for said franchise. 64. Franchise Specify Streets. — ^All franchises or privileges here- after granted shall plainly specify on what particular streets, alleys, avenues or other public property the same shall apply; and no fran- chise or priAdlege shall hereafter be granted by the City in general terms or to apply to the City generally. 65. Power to Regulate Rates and Fares.— All ^power to regulate the rates, fares and charges for service by public utility corporations is hereby reser\-ed to the people, to be exercised by them by ordinance of the Council or in the manner herein provided for initiating or referring an ordinance. Any right of regulation shall further include the right to recjuire uniform, convenient and adequate service to the public and reasonable extensions of such service and of such public utility works. 66. Ordinance in Plain Terms. — No franchise, right or privilege or license shall be considered as granted by any ordinance except when granted therein in plain and unambiguous terms and any and every ambiguity therein shall be construed in favor of thc'City and against the claimant under said ordinance. 67. Issuance of Stock. — Every ordinance granting any franchise shall prohibit the issuing of any stock on account thereof by any corporation holding or doing business under said franchise, to an amount in excess of the sum which shall be fixed for said purpose by the Council whenever requested so to do by the holder of said fran- chise; the said sum as fixed by the Council shall consist of the fol- lowing items, onty, to-witf (a) The sum necessarily expended by the grantee of said fran- chise in obtaining the same from the City ; and (6) The sum which is in the opinion of the Council reasonably sufficient to compensate said grantee for the time and services given by him in obtaining said franchise. Any violation of the terms of this section shall at the option of the City operate as a forfeiture of said franchise. 68. License Tax. — ^The City shall have the right to license or tax street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring ser^ace; also telephone, tele- graph, electric light and power poles, subways and wires. The said license or tax shall be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof. 69. Special Privileges to Mail Carriers, Policemen and Firemen. — ^The grant of every franchise for a street, suburban or interurban railroad shall provide that all United States mail carriers and all policemen and firemen of the City in uniform shall at all times, while in the actual discharge of their duties, be allowed to ride on 19 the cars of such railroad within the boundaries of the City without paying therefor and with all the rights of other passengers. 70. Railroad Elevate or Lower Tracks. — The Council shall by ordinance, require under proper penalties, any railroad company, whether steam or electric, to elevate or lower any of its tracks run- ning over, along or across any of the streets or alleys of the City, whenever in the opinion of the Council the public safety or conveni- ence require. 71. Franchise Provide for Safety, Etc. — ^The grant of every franchise or privilege shall be subject to the right of the City, whether in terms reserved or not, to make all regulations which shall be nec- essary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances to require proper and adequate extensions of the service of such grant, and to protect the public from danger or inconvenience in the operation of any work or busi- ness authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufificient and proper service, extensions and accom- modations for the people and insure their comfort and convenience. 72. Oversight of Franchise for Use of Water Reserved to City. — Every franchise, right or privilege which has been, or which may be hereafter granted, conveying any right, permission or privilege to the use of the water belonging to the City or to its w^ater system, shall always be subject to the most comprehensive oversight, man- agement and control in every particular by the City; and the rights of the City to such control for municipal purposes is retained by the City in order that nothing shall ever be done by any grantee or assignee of any such franchise, right or privilege which shall in any way interfere with the successful operation of the water works of the City, or which shall, or which shall tend to, divert, impair or render the same inadequate for the complete performance of the trust for the people under which such water works are held by the City. 73. No Exclusive Franchise — Renewal. — No exclusive franchise shall ever be granted, and no franchise shall be renewed before one year prior to its expiration. 74. No Franchise Leased, Except. — No franchise granted by the City shall ever be leased, assigned or otherwise alienated without the express consent of the City, and no dealing with the lessee or as- signee on the part of the Citv to require the performance of any act or payment of any compensation by the lessee or assignee, shall be deemed to operate as such consent. No such franchise shall ever be assigned to any foreign corporation. 75. No Extension or Enlargement of Franchise, Except. — No extension or enlargement of any franchise or grant of rights or powers previously granted to any corporation, person or association of persons, shall be made except in the manner and subject to all the conditions herein provided for in this Article for the making of orig- inal grants and franchises; provided, however, that the provisions of this Article shall not apply to the granting by ordinance of revocable licenses or privileges for side track or switch privileges to railway companies for the purpose of reaching and affording railway con- nection and switch privileges to the owners or users of any indus- trial plant, it being the intention to permit the City to grant such revocable licenses or privileges to railway companies whenever in its judgment the same is expedient, necessary or advisable, and whenever the application for such privileges is accompanied by the assent in writing of the owners of the major part in extent of the front feet of the lots or tracts of land of the block fronting on each side of any street, or parts of a street, over or on which it is desired to lay or construct such side tracks or switches. 76. Provision for Common Use of Tracks, Poles, Etc. — ^The City, by and through its Council, shall have the power to require any cor- poration holding a franchise from the City, to allow the use of its tracks, poles and wires by any other corporation to which the City shall grant a franchise, upon the payment of a reasonable rental there- for, and any franchise or right which may hereafter be granted to any person or corporation to operate a street railway within the City or its suburbs, shall be subject to the condition that the City shall have the right to grant to any other person or corporation desiring to build or operate a street railway or interurban railway within or into the City, the right to operate its cars over the tracks of said street railway in so far as may be necessary to enter the City and to reach the section thereof used for business purposes, provided that the person or cor- poration desiring to operate its cars over the lines of said street rail- way, shall first agree in writing with the owner thereof to pay it reasonable compensation for the use of its tracks and facilities. .\nd if the person or corporation desiring to use the same cannot agree with said owner of said street railway as to said compensation, within sixty days from offering in writing so to do, and as to terms and conditions of the use of said tracks and facilities, then the Council shall, by resolution, after a fair hearing to the parties concerned, fix the terms and conditions of such use and com- pensation to be paid therefor, which award of the Council when so made, shall be binding on and observed by the parties concerned. 77. Mayor Maintain General Supervision — Reports — Inspection. — ^The Mayor shall maintain general supervision over all public utility companies insofar as they are subject to municipal control. He shall cause to be instituted such actions or proceedings as ma)- be necessary to prosecute public utility companies for violations of law, and may revoke, cancel or annul all franchises that may have been granted by the City, which have become in whole or in part, or which for any reason are, illegal or void and not binding upon the City. He shall require every person or corporation operating under a 21 franchise or grant from the City, to submit to the Council within sixty days after the first day of January of each year, an annual report, verified by the oath of the President, the Treasurer or the General Manager thereof, showing in detail — (a) The amount of its authorized capital stock and the amount thereof issued and outstanding. (b) The amount of its authorized bonded indebtedness and the amount of its bonds and other forms of evidence of indebtedness issued and outstanding. (c) An itemized statement of its receipts and expenditures for the preceding calendar year. (d) The amount paid as dividends upon its stock and as interest upon its bonds and other indebtedness. (e) The names of and the amount paid as salary to each officer and the amount paid as wages to its employes. (/) A full description of its property and franchises, stating in detail how each franchise stated to be owned was acquired and the book value thereof; and (g) Such other information as may be required by the Council. Such reports shall be in the form and cover the period prescribed by the Council; and the Council shall have the power either through members or by experts or employes duly authorized by it, to examine the books and affairs of anv such person, persons or cor- porations and to compel the production before them of books and papers pertaining to such report or other matters. Any such person, persons or corporation which shall fail to make any such report, shall be liable to a penalty of one hundred dollars and an additional penalty of one hundred dollars for each and every dav thereafter, during which he shall fail to file his report, to be sued for and'recovered in any court of record. The Mayor shall have the power, either personally or through the City's inspectors or employes duly authorized by the Council, to enter into or upon and to inspect the buildings, plants, power houses and all properties of any such person, persons or corporation, and shall inspect the properties of such person, persons or corporation at least once a year and shall immediately thereafter report to the Council a detailed "and'Vomplete statement of such inspection. 78. Books of Record and Reference. — The Mayor shall provide and cause to be kept in the ofiice of the City Clerk, the following books of record and reference: W^'^iFirst — A Franchise Record, indexed and of proper form in which shall be transcribed accurate and correct copies of all franchises or grants by the City to any person, persons or corporation owning or operating any public utility. The index of said record shall give the name of the grantee and thereafter the name of any assignee thereof. Said record shall be a complete history of all franchises granted by the City and shall include a comprehensive and con- venient reference to actions, contests or proceedings at law, if any, affecting the same. Second — ^A Public Utility Record, for every person, persons or corporation owning or operating any public utility under any fran- chise granted by the City, into which shall be transcribed accurate and correct copies of each and every franchise granted by the City to said person, persons or corporation or which may be controlled or acquired by them or it, together with copies of all annual reports and inspection reports, as herein provided, and such other matters of infor- mation and public interest as the Mayor may from time to time acquire. All annual and inspection reports shall be published once in two dailv newspapers of general circulation published in the City, or printed and distributed in pamphlet form, as the Council may deem best, and in case annual reports are not filed and inspections are not made, as provided, the Mayor shall in writing report to the Council the reasons therefor, which report shall be transcribed in the Record of the person, persons or corporation owning or controlling said franchise or grant, and published once in two daily newspapers of general circulation published in the City, or printed and distributed in pamphlet form, as the Council may deem best. The provisions of this section shall apply to all persons or corpora- tions operating under any franchise now in force or hereafter granted by the City. 79. Books of Account— Exagjination.-»— The City, when owning any public utility, shall keep the books of accounts for such public utility distinct from other City accounts and in such manner as to show the true and complete financial result of such City ownership, or ownership and operation, as the case may be. Such accounts shall bt so kept as to show the actual cost to such City of the public utility owned; all cost of maintenance, extension and improvement; all oper- ating expenses of every description, in case of such City operation ; the amounts set aside for sinking fund purposes ; if water or other service shall be furnished for the use of such public utility without charge, the accounts shall show, as nearly as possible the value of such ser^dce, and also the value of such similar service rendered by the public utility to any other City department without charge; such accounts shall also show reasonable allowance for interest, depreciation and insurance, and also estimates of the amount of taxes that would be chargeable against such property if owned b}' a private corporation. The Council shall cause to be printed annually for public distribution, a report showing the financial results, in form as aforesaid, of such City ownership, or ownership and operation. The accounts of such public utility, kept as aforesaid, shall be examined at least once a year by an expert accountant, who shall report to the Council the results of his examination. Such expert accountant shall be selected in such manner as the Council may direct, and he shall receive for his services such compensation, to be paid out of the income or revenues from such public utility, as the Council may prescribe. 23 80. Term Not Longer Than Twenty =five Years — Compensation. — No franchise, lease or right to use the streets, or the pubHc places or property of the City shall be granted by the City, except as in this Charter provided, for a longer period than twenty-five (25) years, nor without fair compensation to the City therefor, and in addition to the other forms of compensation to be therein provided, the grantee shall be required to pay annually to the City such per- centage of the gross receipts arising from the use of such franchise and of the plant used therewith as shall be fixed in the grant of said franchise. Provided, that such percentage be not less than three per cent, during the first fifteen years and not less than five per cent, of said gross annual receipts for the remainder of the life of the franchise. Every grant of a franchise shall fix the amount and manner of the payment of the compensation to be paid by the grantee for the use of the same and no other compensation of any kind shall be exacted for such use during the life of the franchise, but this provision shall not exempt the grantee from any lawful taxation upon his or its property, nor from any licenses, charges or impositions not levied on account of such use. 81. City May Purchase — Procedure. — (a) Every grant of a fran- chise or right shall provide that the City may, upon the payment therefor of its fair valuation, to be made as provided in the grant, purchase and take over the property and plant of the grantee in whole or in part. The procedure to effect such purchase shall be as follows: When the Council shall, by resolution, direct that the Mayor shall ascertain whether any such property or part thereof, should be ac- quired by the City, or in the absence of such action of the Council, when a petition subscribed by ten per centum of the qualified tax- paying electors requesting that the Mayor shall ascertain whether any such property or part thereof should be acquired by the City, shall be filed with the Clerk, the Mayor shall forthwith carefully in- \'estigate said property and report to the Council — (i) At what probable cost said property may be acquired. (2) What, if any, probable additional outlays would be necessary to operate same. (3) Whether, if acquired, it could be operated by the City at a profit or advantage in quality or cost of service, stating wherein such profit or advantage consists. (4) Whether, if acquired, it could be paid for out of its net earnings, and if so, within what time, and (5) Such other information touching the same as he shall have acquired. Such report shall be made in writing, shall include a statement of facts in relation thereto with such particularity as will enable the 24 Council to judge of the correctness of his findings, and immediately after submission to the Council, shall be filed with the Clerk, recorded in the Public Utility Record and pubhshed once in each of two daily newspapers of general circulation published in the City, or printed and distributed in pamphlet form, as the Council may deem best. If a petition subscribed by twenty-five per centum of the qualified tax-paying electors of the City, requesting that the question whether or not the City shall acquire said property shall be submitted to a vote of the people, shall within sixty days after the fiUng of said report be filed with the Clerk, the Council shall provide by ordinance for the submission of the question to a vote of the qualified tax-paving electors. (6) Every grant reserving, to the City the right to acquire the plant as well as the property, if any, of the grantee situated in, on, above or under the public places of the City, or elsewhere, used in connection therewith, shall in terms specify the method of arriving at the valuation therein provided for and shall further provide that upon the payment by the City of such valuation the plant and prop- erty so valued, purchased and paid for shall become the property of the City by virtue of the grant and payment thereunder and without the execution of any instrument of conveyance; and every such grant shall make adequate provision by way of forfeiture of the grant, or otherwise, for the effectual securing of efficient service and for the continued maintenance of the property in good order and repair throughout the entire term of the grant. (c) Whenever any plant or property shall become the property- of the City of Colorado Springs, the City shall have the option at any- time then or thereafter either to operate the same on its own account, or by ordinance to lease the same or anv part thereof together with the franchise or right to use the streets or other public property in connection therewith for periods not exceeding twenty-five years under such rules and regulations as it may prescribe, or by ordin- ance to sell the same to the highest bidder at public sale. ^ i'_^^ J 82. Matters in Charter Not to Impair Right of Council to Insert Other Matters in Franchise. — ^The enumeration and specification of particular matters in this Charter which must be included in every franchise or grant, shall never be construed as impairing the right of the Council to insert in such franchise or grant, such other and further matters, conditions, covenants, terms, restrictions, limitations, burdens, taxes, assessments, rates, fares, rentals, charges, control, for- feitures, or any other provision whatever, as the Council shall deem proper to protect the interests of the people. 83. Revocable Permits. — ^The Council ma}^ grant a permit at any time, in or upon any street, alley or public place, provided such per- mit may be revocable by the Council at its pleasure at any time, whether such right to revoke be expressly reserved in every permit or not. 25 ARTICLE XIII. ELECTIONS. 84. General and Special Municipal Elections. — ^A municipal election shall be held in the City on the first Tuesday of July in 1909 and on the first Tuesday of April in 191 1, and on the first Tuesday in April of every second year thereafter, and shall be known as the General Municipal election. A second election shall be held when necessary as provided in Section 104 of this Charter, on the second Tuesday after said Gen- eral Municipal election and shall be known as the Second General Municipal election. All other municipal elections that may be held by authority of this Charter or of general law shall be known as Special Municipal elections. 85. Registration. — (a) No person shall be permitted to vote at any municipal election, without ha^dng been registered as required by the provisions of this Article. (6) The Clerk shall, as soon as may be, after each general State election, secure from the county clerk of El Paso County a certified copy of the registration lists of the electors of the City registered for that election. (c) For municipal elections no new registration shall be required, except as hereinafter provided, but any qualified elector of the City whose name is on the registration lists used at the then last preceding general State election, and who still resides at the place designated in his said registration, shall be deemed properly regis- tered for any such election ; and additional registration and changes in registration may be made as hereinafter provided. (d) On the eleventh day preceding any municipal election the Clerk shall deliver to the registration committee of each election precinct the proper registration Hst, and on the tenth day pre- ceding the election thus to be held, or if that day be a legal holiday or a Sunday, then on the succeeding day, the registration committee for each precinct shall sit from nine o'clock a. m. until nine o'clock p. m. at some suitable place within the precinct to be provided by the Clerk, and shall place on said registration lists the names of all qualified electors of that precinct who are not registered and w^ho shall present themselves for registration and comply with the require- ments prescribed by the general registration laws of the State. (e) Before any municipal election held for any purpose any qualified elector whose name does not appear upon the registration lists shall have the right to have his name placed upon such regis- tration lists by presenting himself for registration at the office of the Clerk between the hours of eight o'clock a. m. and nine o'clock p. M. on the eighth day preceding the election thus to be held, or if that day be a legal holiday or a Sunday, then on the succeeding day, and by complying with the requirements prescribed by the general registration laws of the State. 26 t/3 o u3 *3 a o b o o o ss. City of Colorado Springs. ) I do hereby join in a petition for the nomination of whose residence is at No Street, Colorado Springs, for the office of to be voted for at the municipal elec- tion to be held in the City of Colorado Springs on the day of 19 ; and I certify that I am a qualified elector and am not at this time a signer of any other certificate nomi- nating any other candidate for the above named office, or, [in case there are several places to be filled in the above named office,] that I have not signed more certificates than there are places to be filled in the above named office; that my residence is at No Street, Colorado Springs. 27 CO CO C/3 rvd (/) Any qualified elector whose name appears upon said registra- tion list, butr who has removed from the precinct in which he is reg- istered to some other precinct, may appear before the Clerk at any time within five days prior to any municipal election and, upon making oath in writing as to his then present residence, said Clerk shall draw a line in red ink through the registration of such per- son, making a note as follows : "Changed 1 9_ _ - to precinct ward ," inserting the date and number of precinct and ward therein, and shall register in red ink such person in the regis- tration list for the precinct in which such person then resides; and a change of residence within the same precinct may be made in like manner. The Clerk or deputy making such change shall sign his name in the column provided for the signatures of the registration committee, and the person so registered shall also sign his name as in the case of an original registration. (g) The registration committee and the judges and the clerks of election shall be the same as are now or may hereafter be provided by the general laws of the State, except as the Council may other- wise by ordinance provide. 86. Nomination and Election of Officers. — ^The mode of nomination and election of all elective oflicers of the City to be voted for at any municipal election shall be as follows and not otherwise: 87. Condition of Candidacy. — ^The name of a candidate shall be printed upon the ballot when a petition of nomination shall have been filed in his behalf in the manner and form and under the conditions hereinafter set forth. 88. Form of Nomination Petition. — ^The petition of nomination shall consist of not less than twenty-five individual certificates, which shall read substantially as follows: PETITION OF NOMINATION. Individual Certificate. STATE OF COLORADO, County of El Paso, City of Colorado Springs. I do hereby join in a petition for the nomination of whose residence is at No Street, Colorado Springs, for the office of to be voted for at the municipal elec- tion to be held in the City of Colorado Springs on the day of 19 ; and I certify that I am a qualified elector and am not at this time a signer of any other certificate nomi- nating any other candidate for the above named office, or, [in case there are several places to be filled in the above named office,] that I have not signed more certificates than there are places to be filled in the above named office; that my residence is at No Street, Colorado Springs. 27 I further certify that I join in this petition for the nomination of the above named person beheving that he has not become a candidate as the nominee or representative of or because of any promised sup- port from any political party or any committee or convention rep- resenting or acting for any political party. (Signed) STATE OF COLORADO, i County of Eiv Paso, [ ss. City of Colorado Springs. ) , being first duly sworn, deposes and says that he is the person who signed the foregoing certificate and that the statements therein are true. (Signed) Subscribed and sworn to before me this day of 19 My commission expires Notary Public. The petition of nomination of which this certificate forms a part shall, if found insufficient, be returned to at No Street, Colorado Springs. 89. Forms to be Supplied by the Clerk. — ^It shall be the duty of the Clerk to furnish upon application, a reasonable number of forms of such individual certificates. 90. Requirements of Certificate. — Each certificate must be a sep- arate paper. All certificates must be of a uniform size as determined by the Clerk. Each certificate must contain the name of one signer thereto and no more. Each certificate shall contain the name of one candidate and no more. In case an elector has signed two or more conflicting certificates, all such conflicting certificates shall be re- jected. Each signer must make oath to his certificate before a Notary Public substantially in the form prescribed in Section 88 of this Charter. 91. Date of Presenting^'Petition. — ^A petition of nomination, con- sisting of not less than twenty-five individual certificates for any one candidate, may be presented to the Clerk not earlier than thirty nor later than twenty days before the election. The Clerk shall endorse thereon the date upon which the petition was presented to him. 92. Examination of Petition by Clerk. — ^When a petition of nom- ination is presented for filing to the Clerk, he shall forthwith examine the same, and ascertain whether it conforms to the provisions of this Article. If found not to conform thereto, he shall then and there in writing designate on said petition the defect or omission or reason why such petition cannot be filed, and shall forthwith return the petition to the person named as the person to whom the same shall be 28 returned in accordance with this Article. The petition may then be amended and again, but not later than three days after said petition shall have been returned, presented to the Clerk, as in the first in- stance. The Clerk shall forthwith proceed to examine the amended petition as hereinbefore provided. 93. Filing of Petitions. — If either the original or the amended petition of nomination be found sufficiently signed, as hereinbefore provided, the Clerk shall file the same forthwith. 94. Acceptance or Withdrawal of Candidate. — ^Any person nomi- nated under this Article shall file his acceptance with the Clerk within five days from the filing of the petition of nomination and in the absence of such acceptance the name of the candidate shall not appear on the ballot. In said acceptance he shall make affidavit to the fact that he has not become a candidate as the nominee or representative of or because of any promised support from any political party or any committee or convention representing or acting for any political party. Any person whose name has been presented under this Article as a candidate may, not later than fifteen days before the day of election, cause his name to be with drawn from nomination by filing with the Clerk a request therefor in writing, and no name so withdrawn shall be printed upon the ballot. 95. Preservation of Petitions. — ^The Clerk shall preserve in his office for a period of two years all petitions of nomination and all certificates belonging thereto filed under this Article. 96. Election Notices. — The Clerk shall, on the tenth day be- fore the election, certify a list of the candidates so nominated whose names are entitled to appear on the ballot as being the list of candi- dates nominated as required by this Charter, with the offices to be filled, and the Council shall cause said certified list of names and the offices to be filled, designating whether for a full or unexpired term, to be published in a notice calling the election, three successive days before the election, in not more than two daily newspapers of general circulation published in the City. 97. Form of Ballots. — ^The Clerk shall cause the ballots to be printed, bound, numbered, endorsed and authenticated, as provided by State law, except as otherwise required in this Charter. The bal- lots shall contain the list of names and the respective offices, as pub- lished in the election notice, and shall be in substantially the follow- ing form: GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY 01' COLORADO SPRINGS. (Inserting date thereof.) Instructions to Voters : To vote, place a cross (X) mark with ink in the circle opposite the name of the candidate for whom you desire to vote. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the Judges of Election and obtain another. 29 98. Arrangement of Offices on Ballot. — ^The offices to be filled shall be arranged in separate columns in the following order: "For Mayor (if any) vote for one," "For Councilman (if any) vote for (giving number)." 99. Circle for Placing Cross. — Circles shall be provided at the right of the name of each candidate wherein to place the cross. 100. Blank Spaces for Additional Candidates. — Spaces shall be left below the printed names of candidates for each office equal in num- ber to the number to be voted for, wherein the voter may write the names of any person or persons for whom he may wish to vote. 101. Requirements of Ballots. — ^Ah ballots printed shall be pre- cisely of the same size, quality, tint of paper, kind of type and color of ink, so that without the number, it would be impossible to dis- tinguish one ballot from another. Space shall be provided on the • ballot for Charter amendments or other questions to be voted on at the municipal elections, as provided by this Charter. The names of candidates for each office shall be arranged in alphabetical order. Nothing on the ballot shall be indicative of the source of the can- didac}' or of the support of any candidate. No ballot shall have printed thereon any party or political designation or mark and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything indicating his views or opinions. 102. Sample Ballots. — ^The Clerk shall at least five days before the election cause to be printed five hundred sample ballots, upon paper of different color but otherwise identical with the ballot to be used at the election and shall distribute the same upon application to regis- tered voters at his office. 103. First or Primary Election. — In case there is but one person to be elected to an office, the candidate receiving a majority of the votes cast for all the candidates for that office shall be declared elected; in case there are two or more persons to be elected to an office, then those candidates equal in number to the number to be elected, who receive the highest number of votes for such office shall be declared elected; provided, however, that no person shall be declared elected to any office at such first election unless the number of votes received by him shall be greater than one-half the number of ballots cast at such election. 104. Second Election. — ^As to any office not so filled by majority vote, said first election shall be deemed a primary election for the nom- ination of candidates therefor, and a second election shall be held to fill said office. At said second election the only candidates whose names are printed upon the ballot shall be, if for the office of Mayor, the two persons who at such primary election received the highest num- lier of votes therefor, and, if for the office of Councilman, those persons not exceeding twice the number of the office or offices to be filled, who at such primary election received the highest num- 30 ber of votes less than a majority for such office; provided, how- ever, that any person, who at such primary election received the same number of votes (for such office) as any person so made a candidate for that office, shall also be a candidate therefor at said second election, and that any candidacy at said second election made vacant by death, withdrawal or otherwise shall be filled by selec- tion of the person (or persons if more than one) who at said primary election secured the next highest number of votes less than a majority for said office. At said second election the candidates receiving the highest number of votes shall be declared elected. 105. Date of Second Election. — The said second election, if neces- sary to be held, shall be held two weeks after the first election. 106. Rules Governing Second Election. — ^All the provisions and conditions of this Article as to the conduct of an election, so far as they may be applicable, shall govern the second election, except that notice of election shall be published once only, and provided also that the same precincts and polling places shall, if possible, be used. 107. Informalities in Election. — No informahties in conducting municipal elections shall invalidate the same, if they have been con- ducted fairly and in substantial conformity with the requirements of this Charter. 108. Statement of Expenses to be Filed. — Every candidate who is vot,ed for at any election held within this City shall within thirty days after such election, file an itemized statement showing in detai all the moneys contributed or expended by him directly or indirectly by himself or through any other person in aid of his election. Such statement shall give the names of the various persons who received such money and the specific nature of each item and the purpose for which it was expended or contributed. There shall be attached to each statement an affidavit of such candidate, setting forth in substance that the statement thus made is in all respects true and that the same is a full and detailed statement of all moneys so con- tributed or expended by him. 109. Corrupt Practices. — ^Any person who shall, at any municipal election, violate any of the State laws in regard to corrupt practices, or who shall fail to file a sworn statement of expenses as hereinabove required, shall, upon conviction thereof, be forthwith disqualified from holding municipal office, position or employment for a period of two years, and if such person shall have been elected or appointed to any municipal office, position or employment, his conviction of any such violation shall ipso facto create a vacancy therein. Action for the enforcement of this provision may be brought by the City Attorney, or by any citizen, on behalf of the City. 110. Use of Carriages on Day of Election. — No candidate for any elective office shall directly or indirectly use or cause to be used in aid of his candidacy on the day of any municipal election more than one carriage or other vehicle to aid voters to get to the polling 31 places. Such carriage or other vehicle shall be used to transport only those voters who by reason of illness or other infirmity are unable to go to the polling places unless so transported. Any candidate desiring to use the one carriage or other vehicle above mentioned shall not less than one day prior to the day of election file in the office of the Clerk a statement of such desire on his part which shall contain such a description of the carriage or vehicle he desires to use as will readily identify the same. No other car- riage or vehicle than the one so described in the said statement shall be used by the said candidate, or by any committee or associa- tion promoting his candidacy for the purpose of conveying voters to the polling places on the day of election. A violation of any of the provisions of this section by any candi- date shall disqualify him from holding the office for which he is a candidate. Every elective officer of the City shall, at the time he takes the oath of office, be required to take and subscribe an oath that he has not violated any of the provisions of this section. 111. General Election Regulations. — ^The provisions of any State law now or hereafter in force except as the Council may otherwise by ordinance provide relating to the qualifications and registra- tion of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of elections, except as otherwise provided m this Article, so far as they may be applicable, shall govern all muni- cipal elections; provided that the Council shall meet as a canvassing board and duly canvass the election returns within two days after any municipal election. ARTICLE XIV. RECALL OF ELECTIVE OFFICERS. 1 12. Applies to All Elective Officers. — ^The holder of any elective office may be removed by the qualified electors of the City. The pro- cedure to effect such removal from office shall be as follows: 113. Petition for Recall. — ^A petition signed by electors qualified to vote for a successor to the incumbent sought to be removed equal in number to at least thirty per centum of the last preceding vote cast for all candidates for Mayor, demanding an election of a suc- cessor of said incumbent shall be addressed to the Council and filed with the Clerk. The Council shall provide blank forms for such petitions which shall be kept by and secured from the Clerk. The Clerk, upon issuing such forms to any person, shall enter the name of the person to whom issued, the date of such issuance and the number of such forms issued in a record to be kept in his office for that purpose, and shall certify on each of said forms under his seal, the name of the person to whom issued and the date of the issuance. No petition shall be filed unless it shall bear 32 such certificate of the Clerk. All petitions shall be returned and filed with the Clerk within thirty days from the issuance of such blank forms. The petition shall contain a specific statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths, that the statements contained therein are true, and that each signature appended to the paper is the genuine signature of the person whose name it purports to be. All papers composing said petition shall be assembled and filed as one instrument, with endorsement thereon of the names and ad- dresses of three persons designated as filing said petition. Provided, that prior to the issuance of any blank forms of petition for recall an affidavit shall be made by one or more qualified electors, which affidavit shall state the name of the officer or officers sought to be removed and the ground upon which the removal is sought, and such affidavit shall be filed with the Clerk. 114. Petition May Be Amended or New Petition Made. — ^Within ten days from the filing of said petition the Clerk shall ascertain by examination thereof and of the registration books and election returns whether the petition is signed by the requisite number of qualified electors, and shall attach thereto his certificate showing the result of such examination. He shall, if necessary, be allowed extra help by the Council. If his certificate shows the petition to be insufficient, he shall within said ten days so notify in writing one or more of the persons designated on the petition as filing the same; and the petition may be amended at any time within ten days from the filing of the certifi- cate. The Clerk shall within ten days after such amendment make, like examination of the amended petition and attach thereto his certificate of the result. If still insufficient, or if no amendment is made, he shall return the petition to one of the persons designated thereon as filing it, without prejudice, however, to the filing of a new petition for the same purpose. lis. Election Under Recall Petition, Unless Officer Resigns. — If the petition or amended petition shall be found and certified by the Clerk to be sufficient, he shall submit the same with his certificate to the Council without delay, and the Council shall, if the officer sought to be removed does not resign within five days thereafter, thereupon order an election to be held on a Tuesday fixed by it, not less than thirty nor more than forty days from the date of the Clerk's certificate that a sufficient petition is filed; provided, however, that if any other municipal election is to occur within sixty days from the date of the Clerk's certificate, the Council may, in its discre- tion, postpone the holding of the removal election to the date of such other municipal election. If vacancy occur in said office after a removal election has been so ordered, the election shall never- theless proceed as in this Article provided. 33 116. Candidates — Election. — ^Any officer sought to be removed may be a candidate to succeed himself, and unless he requests other- wise in writing, the Clerk shall place his name on the official ballot without nomination. The nomination of other candidates, the pub- lication of notice of such removal election and the conduct of the same, shall all be in accord with the provisions of Article XIII here- of, relating to elections. In such removal election the candidate receiving the majority of all votes cast for said office at the first election, or if that prove to be a primary election, then the candidate receiving the highest number of votes at the second election shall be declared elected. Said second election, if necessary, shall be held fourteen days after the first election. 117. Incumbent Removed. — ^The incumbent shall continue to per- form the duties of his office until the removal election. If then elected, he shall continue in office for the balance of his term. If not then elected, he shall be deemed removed upon the qualification of his successor, who shall hold office during the unexpired term. If the "successor fail to qualify within ten days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. The method of removal by recall herein provided for, shall be cumulative and additional to any method otherwise pro- vided in this Charter. 118. No Recall Petition for First Six Months. — No recall petition shall be filed against any officer until he has actually held his office for at least six months. 119. Incapacity of Recalled Officer. — No person who has been re- moved from an office by recall, or who has resigned from such office while recall proceedings were pending against him, shall be ap- pointed to any office within one year after such removal by recall or resignation. ARTICLE XV. THE INITIATIVE. 120. Direct Legislation.— Any proposed ordinance maybe submitted to the Council by petition signed by qualified electors of the City, equal in number to the percentage hereinafter required. The pro- cedure in respect of such petition shall be the same as provided in Sections 113 and 1 14 of this Charter, with such modifications as the na- ture of the case requires, except that no blank forms shall be furnished pr preliminary affidavit made. 121. Fifteen Per Centum Petition. — If the petition accompanying the proposed ordinance be signed by qualified electors equal in num- ber to fifteen per centum of the last preceding vote cast for all can- didates for Mayor, and contains a request that said proposed ordin- ance be submitted to a vote of the people, if not passed by the Coun- 34 cil, the Council shall within twenty days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition, either (a) Pass said ordinance without alteration, (subject to the referendary vote under the provisions of Section 130 of this Charter) ; or (b) Call a special election unless a general municipal election is fixed within ninety days thereafter, and at such special or general municipal election said proposed ordinance shall be submitted with- out alteration to the vote of the qualified electors of the City. 122. Five Per Centum Petition. — If the petition be signed by qualified electors equal in number to at least five per centum but less than fifteen per centum of the last preceding vote cast for all candi- dates for Mayor, and said proposed ordinance be not passed without alteration by the Council within twenty days, as provided in the pre- ceding section, then such proposed ordinance, without alteration, shall be submitted by the Council to electoral vote at the next general mvmicipal election occurring not less than thirty days thereafter. 123. Publication of Electoral Ordinance. — Whenever any proposed ordinance is required by this Charter to be submitted to the voters of the City at any election, the Council shall cause said proposed ordinance to be published in like manner as other proposed ordin- ances are required to be published. 124. Election. — ^The ballots used when voting upon such proposed ordinance shall contain the words: " For the Ordinance" (stating the nature of the proposed ordinance) and "Against the Ordinance" (stating the nature of the proposed ordinance.) If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, the same shall thereupon become an ordinance of the City. 125. Several Ordinances at One Election. — ^Any number of proposed ordinances may be voted on at the same election, in accordance with the provisions of this Article. 126. Limit to Special Elections.— There shall not be held under this Article of the Charter, more than one special election in any period of twelve months. 127. Repeal of Electoral Ordinance. — ^The Council may submit a proposition for the repeal or amendment of any ordinance so adopted by electoral vote, to be voted upon at any succeeding general muni- cipal election, and should such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accordingly. An ordinance so adopted by electoral vote, cannot be repealed or amended except by electoral vote. 128. Further Regulations. — ^The Council may, by ordinance, make such further regulations as it may deem necessary to carry out the provisions of this Article. ARTICLE XVI. THE REFERENDUM. 129. Mode of Protesting Against Ordinances.^ — No ordinance passed by the Council shall go into effect before ten days from the time of its final passage, except ordinances making tax levy or appropriation, or in respect of a parking or paving district, and excepting also any ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency. If, during said ten days, a petition signed by qualified electors of the City equal in number to at least fifteen per centum of the last preceding vote cast for all candidates for Mayor be presented to the Council, protesting against the going into effect of such ordinance, the same shall there- upon be suspended from going into effect, and it shall be the duty of the Council to reconsider such ordinance, and if the same be not entirely repealed, the Council shall submit the ordinance, as is pro- vided in Article XV of this Charter, to a vote of the qualified electors of the City, either at the next general municipal election or at a special election to be called for that purpose, and such ordinance shall not go into effect unless a majority of the qualified electors voting on the same shall vote in favor thereof. The procedure in respect of such petition shall be the same as provided in Sections 113 and 1 14 of this Charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavit made. 130. Reference by the Council. — ^The Council may, of its own motion, submit to electoral vote for adoption or rejection at a general or special municipal election any proposed ordinance or measure in the same manner and with the same force and effect as is provided in Article XV, If the provisions of two or more proposed ordinances or measures adopted or approved at the same election conflict, then the ordinance or measure receiving the highest affirmative vote shall control. 131. Further Regulations. — ^The Council may, by ordinance, make such further regulations as it may deem necessary to carry out the provisions of this Article. ARTICLE XVII. OFFICERS, EMPLOYES AND SALARIES. 132. Officers — Employes. — ^The Mayor, Councilmen and Police Magistrate shall be the officers of the City. All other persons in the service of the City, or of any commission or board thereof, are hereby declared to be employes. Except as herein otherwise provided the Council shall by ordinance fix the compensation of salaried employes, and until such compensation has been fixed by ordinance, as afore- said, the same shall remain as now provided. 36 133. Office Hours. — It shall be the duty of the Mayor and each Councilman to maintain regular office hours at the City Hall. 134. Salary of Mayor.— The salary of the Mayor shall be Thirty - six Hundred Dollars ($3,600.00) per annum, of which Eighteen Hun- dred Dollars ($1,800.00) shall be charged to the Department of Water and Water Works. Said salary shall be payable in equal monthly installments. 135. Salary of Councilmen. — ^The salary of each Councilman shall be Two Thousand Dollars ($2,000.00) per annum, payable in equal monthly installments. 136. Removal Terminates Salary. — In case of removal of any officer or employe his right to salary shall thereupon cease. 137. Appointment of Clerk and Attorney. — ^A City Clerk shall be appointed by the Council. A City Attorney shall be appointed by the Mayor, subject to confirmation by the Council. 138. Treasurer — ^Auditor. — ^The positions of Treasurer and Auditor shall continue with the powers, duties and compensation as now es- tablished by law, subject to the provisions of this Charter, until the Council shall by ordinance otherwise provide. 139. Oaths. — Every officer shall, before he enters upon the duties of his office, take, subscribe and file with the Clerk an oath or affirma- ation to support the Constitution of the United States and the Con- stitution of the State of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter. 140. Bonds. — If any officer or employe is required by law or by ordinance to give bond, he shall not be deemed qualified for his office or employment until such bond has been duly approved and filed. All such bonds must be approved by the Mayor, who shall have the custody thereof. A reasonable charge by a Surety Company for qualifying upon such bond shall, when approved by the Mayor, be paid by the City. 141. Receive No Commissions, Profits, Free Tickets, Etc. — No officer or employe shall receive any commission, money or thing of value, or derive any profit, benefit or advantage, direct or indirect, from or by reason of any dealings with or services for the City by himself or by others, or from or by reason of any alterations, im- provements or repairs required by authority of the City, except his lawful compensation as such officer or employe, and his share of the public benefit. No officer or employe shall accept, directly or indirectly, from the holder of any public utility franchise in the City, any frank, free ticket, free service, or other service upon terms more favorable than those granted to the public generally. This prohibition shall 37 not extend to transportation of liremen and policemen in uniform while in actual discharge of their duties. Violation of this section shall be a misdemeanor and a ground for removal. 142. Religious or Political Opinions Not Affect Appointment. — No appointment to position under the City government shall be made or be withheld by reason of any religious or political opin- ions or affiUations or political services, and no appointment to or selection for or removal from any office or employment, and no trans- fer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or services. 143. Official Books, Records, Etc. — (a) All books, records and papers of every office, department, board or commission are City property and must be kept as such by the proper officers or employes during their continuance in office and then delivered to their suc- cessors, who shall give duplicate receipts therefor, one of which shall be filed with the Clerk. The failure to deliver such books, records and papers shall be a misdemeanor. (b) Certified copies or extracts from the books, records and files shall be given by the officer, board, commission or employe having the same in custody, to any person demanding the same and paying for such copies or extracts, but the records of the Police Department shall not be subject to inspection or copy without permission of the Mayor. (c) All equipments, collections, models, materials, instruments, tools and implements which are collected, maintained, used or kept by the City or by any department, board or commission, shall be City property, and be duly turned over by the custodian thereof to his successor, or duly accounted for. 144. Payment of Debts. — Failure of any officer or employe to promptly pav any indebtedness contracted by him while in the service of the City shall be ground for his removal. 145. Attend to Duties. — ^All persons holding any office or employ- ment under the City, whether elective or appointive, shall be re- quired to engage in the actual work of the office or employment so" held, to the extent that their services may be necessary for the full and complete discharge of the duties of said office or employment, and a failure so to do shall be ground for removal. CITY ATTORNEY. 146. Duties. — ^The City Attorney shall conduct all cases in Court in this State wherein the City shall be party plaintiff or defendant, or a party in interest. He shall be the legal adviser of the Mayor, Council, Commissions, and heads of departments, in relation to their duties, and shall perform such other duties, not inconsistent here- with, as may be required of him by ordinance. He shall receive such salary as the Council by ordinance shall prescribe. '38 147. Assistants. — The attorney, with the consent of the Council, may employ an assistant, who shall receive such salary as the Council by ordinance shall prescribe. The Council may also, at any time, employ other counsel, to take charge of any litigation or to assist the attorney, whose com- pensation shall be fixed by the Council at the time of employment. ARTICLE XVIII. CIVIL SERVICE. 148. Commission. — ^There is hereby established a Civil Service Commission consisting of three members who shalPserve without compefisation. The Council first elected after the adoption of this Charter shall, as soon as practicable thereafter, appoint one member of said Com- mission to serve for two years, another member to serve for four years and a third member to serve for six years. Biennially there- after, one member shall be appointed J:)y the Council to take the place of the member whose term shall next expire, so that one mem- ber shall be appointed every two years to serve for a period of six years. If a vacancy shall occur in the Commission, it shall be filled Idv appointment by the Council for the unexpired term. 149. Commission Make Rules. — ^The Commission shall, with the approval of the Council, make such rules and regulations for the proper conduct of its business, as it shall find necessary or expedient. The Commission shall, among other things, provide for the classifica- tion of all employments in the Department of Public Safety and in the Department of Public Works and Property, for open, competitive and free examinations as to fitness; for an eligible list from which vacancies shall be filled ; for a period of probation before employment is made permanent; and for promotion on the basis of merit, ex- perience and record. 150. Council Give Further Powers. — The Council whenever requested by the Commission may by ordinance confer upon the Com- mission such other or further rights, duties and privileges as may be necessary adequately to enforce and carry out the principfes of Civil Service. ARTICLE XIX. GENERAL PROVISIONS. 151. Present Form of Government Continue Until. — Except as otherwise in this Article provided, the form of government exist- ing in the City of Colorado vSprings at the time of the adoption of this Charter shall continue unaltered, and all officers and other persons in the service of the City at the time this Charter takes effect, shall con- tinue to serve as such and to receive the compensation therefor now provided by law or by ordinance, and to have and exercise the powers, authority and jurisdiction theretofore possessed by them respect- .39 ively, until the elective officers first elected hereunder shall have qualified. Upon such qualification of said elective oflicers here- under, the term of office of every officer or other person in the service of the City at the time this Charter takes effect shall immediately cease and determine. Thereafter all of said officers (except the Mayor and aldermen) and all of said other persons in the service of the City at the time this Charter takes effect shall continue to draw compensation at the same rate, and to exercise like powers, authority and jurisdiction as theretofore, until replaced, or until the Council shall otherwise provide. 152. Duty of Present Officers as to Elections. — It shall be the duty of the Mayor, the City Council and the City Clerk in office when this Charter takes effect, to comply with all requirements of -Article XIII of this Charter relating to Elections, to the end that all things may be done necessary to the nomination and election of the officers first to be elected under this Charter. 153. Present Ordinances Continue in Force. — ^All laws, ordinances, resolutions, by-laws, orders, rules, or regulations in force in the City of Colorado Springs at the time this Charter takes effect, and not incon- sistent with the provisions of this Charter, whether enacted by the authority of the City or by any other authority, shall continue in full force and effect, until the Council otherwise by ordinance provides, notwithstanding any change of organization effected by this Charter. 154. Penalty for Violation. — Any person who shall violate any of the provisions of this Charter for the violation of which no punish- ment has been provided herein, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($ioo) or by imprisonment in the City jail not exceeding three (3) months, or by both such fine and imprisonment. 155. Definition of Misdemeanor. — ^The term "misdemeanor" as used in this Charter, shall mean a violation thereof, or of any ordin- ance, of which the Police Court or Magistrate shall have jurisdiction, and shall not have the meaning attached to it in Chapter XXXV entitled "Crimes," Revised Statutes of Colorado, 1908. 156. Continuing Bonds, Etc. — ^All official bonds, recognizances, obligations, contracts and all other instruments entered into or ex- ecuted by or to the City before this Charter takes effect, and all taxes, fines, penalties and forfeitures due or owing to the City, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by this Charter. 157. Submission of Charter Amendments. — Nothing herein con- tained shall be construed as preventing the submission to the people of more than one Charter amendment or measure at any one election. 158. Reservation of Power. — ^The power to supersede any law of this State, now or hereafter in force, insofar as it applies to local or municipal matters, shall be reserved to the City, acting by ordinance. 40 Done in Convention, at the Council Chamber in the City Hall in the City of Colorado Springs, Colorado, this twentieth day of March, in the year of our Lord one thousand nine hundred and nine, and of the Independence of the United States of America the one hundred and thirty-third. In Witness Whereof, We have hereunto subscribed our names. HARRY H. SKLDOMRIDGE, President. JAMES J. EUBANK, Vice-President. EDWARD C. SHARER, Secretary. WILLIAM M. BANNING, JACOB BISHOFF, WILLARD N. BURGESS, FRANK F. CASTELLO, WILLIAM J. CHINN, THOS. J. FISHER, JOSEPH B. FOWLER, M. C. GILE, OLIVER P. GRIMES. HENRA^ C. HALL, JOHN M. HARNAN, HENRY W. HOAGLAND, P. M. KISTLER, HORACE G. LUNT, THOMAS F. McCAFFERY, MYER S. RAFIELD, WILLIAM H. SPURGEON, EDGAR J. ULLRICH. 41 z^^^C^v /^y?.fA ^ ^i/ y Charter OF THE City of Dallas 1907 SECRETARYS OFFICE )T TY OF DALLAS J. B.WINSLETT CITY SECRETARY CHARTER OF THE CITY OF DALLAS 1907 8. B. Xo. 316. An Act to grdiit a ncir cliarlcr to the Vitij of DaJla.'^, Dallas Count ij. Texas; repealiuy all hues or parts of laics in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas: ARTICLE I. INCORPORATION AND TERRITORY. Section 1. Corporate Xainc. All inhabitants of the City of Dallas, Dallas County, Texas, as the boundaries and limits of said city are herein established or may be hereafter established, shall be a body politic, incorporated under, and to be known by, the name and style of the "City of Dallas," Avith such powers, rights and duties as herein pro- vided. Sec. 2. Boundaries. Tlie boiuuls and limits of the Citj' of Dallas are hereby established and described as follows: Beginning at the south coiner of the A. C. McDaniel survey in Dallas County, Texas, at low \\ater mark of the Trinity River, on the east bank thereof; thence north- east with the southeast line of said ]\lcDaniel survey to the west line of Edgar Stieet; thence northwest with the S. W. line of Edgar Street. 20 feet, corner thereon at a point which would be the intersection of the northwest line of Romine Avenue if extended across Edgar Street; thence northeast with said northwest line of Romine Avenue to a point thereon 132 1-2 feet southwest from the southwest line of Colonial Avenue; thence southeast parallel to said line of Colonial' Avenue to corner on the nnitliwest line of Hickman Avenue; thence southwest with said line of Hickman Avenue 79 1-2 feet to corner thereon; thence Southeast 180 feet; thence northeast parallel to said line of Romine Avenue 242 feet to a point which would be the center of said Ctdonial Avenue if extended southeast from Hickman Avenue; thence northwest with said center line of said Colonial Avenue if extended 140 feet to the said south- east line of said Hickman Avenue; thence northeast with said line of Hickman Avenue 30 feet to corner thereon, at a point where the north- east line of Colonial Avenue would intersect if extended across Hick- man Avenue; thence northwest with said line of Colonial Avenue, ex- tended and with said line of Colonial Avenue to corner on the said southeast line of said ^McDaniel survey; thence nortlieast with said line of said McDaniel survey to corner on the northeast line of the right of way of the Houston & Texas Central Railroad; thence north 36 west with said line of said right of way to the northwest line of Lenway (Holman) Avenue; thence northeast, with said line of Lenway (Holman) Avenue to the southwest line of South Camp Street; thence northwest 2 with said line of South Camp Street to the southwest line of ^Varren Avenue; thence northeast with said line of Warren Avenue to the north- west line of the Winchester Place addition, the east end of said Warren Avenue, and continue on same course to the northeast line of Trunk Avenue, the same being the southwest line of block 1387; thence south- east with said line of Trunk Avenue to the southeast line of Dallas Avenue; thence northeast with said line of Dallas Avenue to the south- west line of Second Street; thence northwest with said line of Second Street to the northwest line of Julius Street; thence northeast with said line of Julius Street to the northest line of First Street, the same being on the southwest line of block No. 1436; thence southeast with said line of First Street to the south corner of said block No. 1436; thence north- east with the southeast line of said block No. 1436 and a continuation thereof to the east corner of block No. 1436 on the southwest line of block No. 1435; thence southeast with said line of said block No. 1435, about 90 feet to the south corner of same; thence northeast with the southeast line of said block No. 1435, and a continuation thereof to the north line of the Texas & Pacific Railroad right of way; thence east- wardly along said right of way about 863 feet to the northwest line of Du Pree Street to the southeast corner of block No. 1448; thence north- westwardly along said line of Du Pree Street and along the east line of block 1448, and the east line of block No. 1447 and a continuation thereof to the nortli line of Forney Avenue (and known as the Kaufman Road) the same b^ing the south line of Rowan's Addition; thence east- wardly along said line of said Avenue to the southeast corner of said Rowan's Addition; thence northwest along the northeast line of said Rowan's Addition, and a continuation thereof to the northwest line of Orphan Avenue, the same being on the southeast line of R. D. Cald- well's Addition; thence northeast along said line of Orphan Avenue and said line of said Caldwell's addition, to the east corner thereof, on the southwest line of Henderson Avenue; thence northwest along said line of Henderson Avenue and along the northeast line of said Caldwell's Addition and a continuation thereof to the corner of the northwest line of the right of way of the Gulf, Colorado & Santa Fe Railroad; thence northeast along said line of said right of way to the southwest line of Beacon Street; thence northwest with said line of Beacon Street to the southeast line of Columbia Avenue; thence northeast with line of Co- lumbia Avenue to a corner thereon 118 feet northeast of the northeast line of Fulton Street; thence northwest parallel to Henderson Avenue to corner on the northwest line of Reiger Avenue as platted in Junius Heights Addition; thence southwesterly with said line of Reiger Avenue and said line extended to the northeast line of Augusta Street; thence northwest with said line of Augusta Street if extended to the south line of Gaston Avenue as extended in Munger Place Addition; thence southwest with the south line of Gaston Avenue to the south line of jNIunger Boulevard; thence northwest along said south line of Munger Boulevard to the west angle of the intersection of Bryan Street and Greenville Avenue; thence north with said west line of Greenville Ave- nue to a point thereon west from the southwest corner of the Alta Vista Addition; thence east crossing Greenville Avenue and continuing same course along the south line of said Alta Vista Addition to the southeast corner of same; thence north along the east line of said Alta Vista — 3— Addition to the iioitheast corner thereof; thence west along the north line of said addition to west line of Hubert Street; thence north along tlie west line of Hubert Street to the south line of Lewis Street; thence west along south line of Lewis street, and continuing along the south line of Taylor Street to Bowles Avenue (now Henderson Avenue); thence northwest with said line of Bowles Avenue (now Henderson Avenue) to the southwest line of street known as Juliette (or Monarch) Street; thence southwest with said line of Juliette Street to the northeast line of Woodland Avenue; thence northwest with said line of Woodland Ave- nue to a point about 27 feet north, 20 feet east from the north corner of Fake's Park Place Adition; thence southweswardly to said corner of said Fake's Park Place Addition, and continuing same course along the north- west line of said Fake's Addition, and along the northw^est line of Alex- ander's Park Addition to the west corner thereof on the northeast line of Carroll Avenue; thence Northwest w-ith said line of Carroll Avenue if extended to a point thereon where 'the said line of Carroll Avenue so extended would intersect the southeast line of Weldon Street if ex- tended; thence southwesterly along the said sovith line of Weldon Street, if so extended to the northeast line of Haskell Avenue; thence northwest with said northeast line of Haskell Avenue and a continuation thereof to the southeast line of Cole Avenue; thence northeast and northeasterly Avith said line of Cole Avenue to a point thereon GO feet at right angles across said Cole Avenue from the east corner of a 58 1-2 by 185 foot lot in name of 0. E. Bateman in block Xo. 987; thence northwesterly at right angles across said Cole Avenue to said east corner of said Bate- man's lot and continuing same course along the northeast line of said 58 1-2 by 185 foot lot to the north corner of same on the southeast line cf an alley in said block No. 987. Thence southwesterly along said line of said alley 58 1-2 feet to the west corner of said Bateman lot; thence northwesterly at right angles to said alley to the southeast line of Travis Avenue; thence southwesterly and southwest with said li.ie of said Travis Avenue to a point thereon which would be at the intersec- tion of the southwest line of Quick Street, if extended southeast across Travis Avenue; thence northwest with said southwest line of Quick Street, extended and with said southwest line of Quick Street to the center of Turtle Creek; thence in a northerly direction up Tin-tle Creek with its meanders to corner therein the northeast corner of lot No. 3 of Cole's subdivision of 199 acres of the William Grigsby survey; thence west along the lines between lots 3 and 4 of said subdivision and a con- tinuation thereof to the northeast line of Bowser and Lemon's Oak Lawn Addition on the southwest line of said Quick Street; thence southeast with said line of Quick Street to the northwest line of Argyle Avenue; thence southwest along the northwest line of Argyle Avenue to the north- east line of Lemon Avenue; thence northwest with said line of Lemon Avenue to the northwest line of Douglas Street; thence southw^est with said line of Douglas Street and a continuation thereof to the southwest line of Cedar Springs Avenue; thence southeast with said line of Cedar Springs Avenue to the noi-thwest line of Pendleton Avenue (formerly Douglas Street) ; thence southwest with said line of Pendleton Avenue (formerly Douglas Street) and a continuation thereof to the southwest line of Routh Street; thence southeast with said line of Routh Street to the northwest line of Throckmorton Street; thence southwest witli .said line of rinm-kuKirlon Street to the southwest Hue of Maple Avenue^ thence southeast with said line of ]MapIe Avenue to the north corner of the City's Parkhmd Hospital tract of land; thence southwest with the northwest line of said hospital tract of land and a continuation thereof to the southwest line of the J. A. Sylvester survey; thence south- east along the southwest line of said Sylvester survey to low water mark on the southeast bank of the Trinity River; thence down said river with the meanders of low water mark on the east bank of same to the south line of Commerce Street; thence westwardly crossing said river and continuing same course along the south line of the Fort Worth Pike to the east line of Beckley Aveiuie; thence south with and along the east line of JJeckley Avenue to a point thereon 180 feet north from the nortli line of Okenwakl Street; thence west , 985 feet to a corner, the same being an original corner of the City of Oak Clitf; thence south with a west line of saie(l at night; to issue jjermits for the use of such vehicles and to require the numbering of .said veliiclts. o4. To control and regulate the locati(ui and use of all kinds of steam engines and steam boilers in the city, and prescrilic the qualifications of persons operating and running same, and to adopt such rules and regula- tions in relation tlu-reto as may seem best for the public safety and com- fort. 3."). To inspect tlie construction of all buildings in the city, and to pre- scribe and enforce proper regulations in regard thereto; to regulate and locate or prohibit the erection of all poles in the city, and cause the same to be changed, whether telegi-aph, telephone, electric light or otherwise. 30. The city .shall have power to establish, maintain and regulate a city prison, or city prisons, workhouses, and other means of punishment for vagrants, city convicts and disorderly persons, houses of correction and reformatories for youthful criminals. - 37. The city shall have power to enforce the by-laws and ordinances for the city by a .fine not to exceed two hundred ($200.00) dollars: pro- vided, that no ordinance or by-law shall provide a lesser penalty than is prescribed for a like offense by the laws of the State. The City of Dallas may provide by ordinance, for the commutation of fines imposed, by labor in a Avorkhouse or on a rock pile, tn' upon the ]inblic streets and public highways of the City of Dallas, and for the collec- tion of any fine imposed execution may be enforced as other execution issued in civil cases. 38. Whenever the forfeiture of a francliise. right or privilege granted to any 'person, firm or corporation to be exercised as a public utility is pro- vided for in this act, the power to enforce such forfeiture shall not be construed to be in the Board of Commissioners, but such forfeiture shall be finally enforced only thrcuigli the decree of a court of competent juris- dictioii. 8ec. 4. .Fircf!. The City of Dallas shall have power: 1. To provide means for the protection against and the extinguishment of fires, and shall provide for the regulation, maintenance and support of a Fire Department, and for the purpose of guarding against the calamity of fire, may prescribe fire limits, and may regulate or prohibit the erection, building, placing or repairing of wooden bviildings within such limits in said city as may be designated and prescribed as fire limits, and may also withiii said limits prohibit the moving or putting up of any wooden build- ings from without s:\id limits, and may also prohibit the removal of any wooden buildings from one place to another within said limits, and may direct and prescribe that all buildings A\it)iin the limits so designated in the ordinance as fire limits, shall be made or constructed of fire-proof material, the kind, character, extent and (lualitv of which biiildings and —1:5— luateriiil may. by orcliuancf, bo prescribt'd and lixed, and may [jioliibil llie repairing of wooden buildings in lire limits wlieii the same shall have beesi damaged to extent of 33 1-3 per eeiit of the value thereof, and may prescribe the manner of finding such damages, and may declare :ill dilapi- dated buildings to be a nuisance, and direct the same to be repaired, re- moved or aliated in such manner as llie Board of Commissioners may l)rescrib»', and may declare all wooden bniitlings in tlie tire limits which they deem dangerous to contiguous buildings, or which may cause or promote fires, to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fire-proof roofing may be used, and may impose a penalty for violation of such rules and regulations. The city shall have the right, by ordinance^ to regulate, prescribe and govern the storage of lumber, sash, doors, blinds and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits witliin which such nuiterials may be carried, and fix penalties for violation of the rules and ordinances governing the same. 2. To regulate or prevent the carrying on of manufactories and other works dangerous in causing fires, and to regulate the location of cotton presses, sheds and other buildings dangerous on account of fires. 3. To prevent the deposit of ashes in unsafe places and cause the re- moval from one's premises of all trash, old papers, straw, goods boxes, barrels and anything else dangerous on account of fire, and of all filth, slops and animal or vegetable matter and everything else oft'ensive and dangerous to health and comfort, and to cause all buildings and enclos- ures in a dangerous state to be put in a safe condition. 4. To' regulate the size, number and manner of construction of doors and stairways of theatres, tenement houses, hotels, boarding houses, a])art- ment houses, audience rooms, public halls and buildings used for the gatli- ering of a large number of people, whether now built or hereafter to ])e built, so that there may be convenient, safe and speedy exit in case of fires. 5. To require the construction of suitable fire escapes on or in liotels, lodging houses, factories and other buildings, whether now built or here- after to be built. G. To regulate, prevent and prohibit the use of firesworks. 7. To compel the owners or occupants of houses or other buildings to have scuttles in their roofs and stairs or ladders leading to the same. 8. To authorize one or more oflHce.rs, agents or employes of the city to enter in and upon all buildings and premises^ to examine and discover whether the same are dangerous on account of fire, or in any unclean state, and cause all defects to be remedied, and filth and trash to be removed, and generally the Board of Commissioners shall have power to establish such regulations for the prevention and extinguisliment of fires as it may deem expedient. Sec. 5. Health. The City of Dallas shall have power: 1. To regulate burial grounds, crematories and cemeteries, and to |)ro- hibit burial within the city limits if deemed advisable or if necessary to ])rotect the public health, and to condemn and close burial grounds and cemeteries in the thickly settled portions of the city, and when demanded by the public interest or public health, to remove or cause to be removed bodies interred in such condemned and closed cemeteries and burial grounds, —14— and shall cause them to be re-interred in a suitable place to be provided by the city, at its expense, and whenever advisable the city may condemn the land proposed to be used for the re-interring of bodies in the same manner as in condem,nation suits of railway companies, and use such condemned ground formerly used for cemeteries, for such purposes as may best subserve the interests of the city. The City of Dallas shall have power to acquire land and grounds inside or outside of the city limits by purchase, gift, or otherwise, to be devoted to and used for the purpose of a public and private cemetery, and to pas such suitable regulations concerning the burial of the dead in such cemetery, and make such charges for tlic burial of the dead therein" as may be deemed proper by the Board of Cominissioners, and said city shall also have the pbwer to appropriate private property lying within or without the city limits to be used and devoted to cemetery purposes, as herein stated by condemnation proceedings brought for such purpose, and in all such cases the proceedings had to condemn such land shall be governed and controlled by the State law in reference to the condemnation of land by railroad companies as far as the same may be applicable thereto. 2. To regulate the burying of the dead, the registration of births and deaths, direct the keeping and returning of bills of mortality, and impose penalties on physicians, undertakers, sextons and others for any default in the premises. 3. Tlie City of Dallas sliall also have the power, by ordinance, to au- thorize the destroying of clothing, bedding, furniture, and buildings infected with the germs of any infectious or dangerous disease, when the public health requires the destruction of the same, and may also in the same manner authorize the destruction or removal of buildings or other objects after the same shall have been declared a nuisance and to be dangerous to the health or lives of the citizens of said city. 4. To make regulations to prevent the introduction of contagious dis- eases into the city, to make quarantine laws for that purpose, and to en- force them within the city and within ten miles thereof. 5. The City of Dallas is hereby given full power and authority to take such steps to improve and preserve the ])urity of the water in Trinity rlA'er, above the city of Dallas, as it may think necessary; provided, that the power in this section shall not be construed to give said corporation any jiuisdiction or control over said river beyond the corporate limits of said city, except for the purpose of protecting or improving the water shed, i. e., the water supply of both Trinity rivQr and the smaller streams or tribu- taries; provided further, that the said corporation shall have the right to condemn land, buildings and out-houses or closets when it may deem the same necessary for the protection and preservation of the ])urity of the water in said river, and shall have powers to control the same. The City of Dallas shall also have power to require any persons or corpo- rations owning or operating manufacturing enterprises within or without the city, which shall discharge refuse matter into Trinity river or its tributaries, to make other provisions for such refuse matter, or so purify the same as that the public health will be fully protected. 6. To require the owners of private drains, sinks, privies, to fill up, clean.se, drain, alter, relay, repair fix and improve the same, as they may be ordered by resolution or ordinance, and impose penalties upon persons failing to do the same. If there be no person in the city upon whom such —15— order can be served, the city can have such work done, and costs of the same shall be a lien on the property and taxed up against it, and collected in such manner as the Board of Commissioners may determine. 7. To prevent any person from bringing, depositing or having within the city limits, the carcasses of any dead animal^, or other unwholesome substance, or matter, or filth of any kind, and to require prompt removal of the same, and impose all necessary penalties for the enforcement of such powers. 8. To provide for the inspection of dairies inside and outside the city limits, doing business within the city, and to charge and provide license fees for inspection; to establish and maintain a standard of sanitary conditions governing dairies inside and outside the city, doing business within the city; to establish and maintain a standard of the quality of all dairy products sold in the city, and to provide for penalties for the viola- tion thereof. 9. To regulate, license or prohibit butchers and prevent their slaught- ering animals in the city limits, and revoking their license for malconduct in trade, and to regulate, license and restrain the sale of fresh meat, fruits and vegetables, and the slaughter of animals, and to license and regulate or prohibit slaughter houses within the city limits. 10. • To compel the owner or occupant of any grocery, soap, tallow or chandler establishment or blacksmith sliop, tannery, stalile, slaughter house, distillery, brewery or other building, or sewer, privy, hide house, or other unwholesome or nauseous place or house to cleanse, remove, fill up, repair or abate the same, as may be necessary for the health, com- fort and convenience of the inhabitants. 11. To regulate the inspection and slaughter of animals and the sale of fresh meats within the city, and the inspection and the sale of beef, pork, flour, meal, fish, salt and other provisions; whisky and other liquors, and all other articles of food or drink whatsoever, to be consumed within the city, and to appoint inspectors, weighers and gangers, and prescribe their duties and powers, and to regulate their fees, and to provide for the inspection and Aveighing of hay and coal, ice, and the measurement of firewood and other fuel to be sold in the city. 12. To regulate, restrain, locate, abate, or prohibit slaughter houses, gas reservoirs and tanks, glue factories, bone boilers, hide houses or estab- lishments for burning hides, soap factories, places for rendeiing lard, tallow, offal, and other substances that can be rendered, and all other establish- ments Avhere any nauseating, dangerous, offensive or unwholesome business may be carried on. 13. The city of Dallas shall have the right and power, bj' ordinance, to provide that the tenant or owner of any property shall pay to the city reasonable charges for the removal of night soil or other refuse matter from the closets of the premises thereof, and to prohibit anyone except someone in the employ of the city, or by the city authorized to do so, from removing or carrying away the contents of any privy, vault or water closet, or anv^ receptable of human excrement, and the city shall have the right to have inspected the premises of all persons, at any time, in the interest of the public health, and for the purpose of making said inspection, the officers or agents of the city, duly authorized to do so, shall have a right to enter upon the premises of any person at any hour during the daytime to make said inspection. Whenever notice is given by —16— any oliicer or employe of the city inspecting any j)ieniises that said prem- ises need cleaning, the said night soil or other refuse matter shall be re- moved and the owner or tenant of said premises shall pay the city the price prescribed therefor, and failure to do so shall subject said persons to the penalties to be prescribed by ordinance, and said persons shall be fined, upon conviction in the Corporation Court, in any sum not less than one dollar nor more than two hundred dollars. Sec. 7. Municipal Hervice. The City of Dallas shall have power: 1. To buy or construct, own, maintain and operate a system or systems of waterworks, gas or electric lighting plants, telephones, street cars and sewers, or any other public service or enterprise, that may be approved by a majorit.y of the qualified voters of the city of Dallas, voting therefor at any regular election for city oflficers, in accordance with the provisions of this act; and may demand and receive compensation for such service furnished for private purposes, and shall have power to condemn the property of any person, firm, or corporation for the purpose of operating and maintaining any such utilit}', and for distributing such service through- out the city or any portion thereof, but in such condemnation proceedings no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the city of Dallas. '2. To acquire or own within or without the city limits, either by. pur- chase, donation, bequest or otherwise, all property it may need for any municipal purpose, whatever: and all necessary right of ways thereto, and shall also have the power to sell and dispose of the same, except as other- wise provided in this act. 3. To provide all needful buildings for the use of the city; to provide for enclosing, ini])r(iving, ornamenting and regulating all public grounds be- longing to the city; to provide hospitals and regulate and maintain tlie same, and to permit or prohibit private hospitals; to establish an active system of inspection over premises and conduct of ])crsons; to establish a leformatory or industrial or traunt school for refractory or unprotected boys and girls under such rules and regulations as tlie lioard of Commis- sioners may prescribe, and to provide for the issuance of bonds therefor in any sum not to exceed $25,000 after submission of such matter to a \ote of the taxpayers of said city. 4. I'o lay out, establish, open, alter, widen, lowi'r, raise, extend, grade, nanoM', care iov. pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges, and to vacate and close the same; to spiinkle and care for the streets, and to regulate fhe use thereof; and to re(|uire the removal from the streets and sidewalks of all obstructions, telegraph, telephone, street railway or other poles carrying electric wires, signs, fruit stands, show cases, and encroachments of every character upon said streets and sidewalks; and to vacate and close private ways. The cost of constructing sidewalks and keeping the same in repair, to- gether with the cost of collecti(ui, shall be defrayed entirely b.v the property owners in such manner as the Board of Commissioners ma.v provide, and shall be a perpetual lien on the property until paid. o. To prevent any street or sidewalk from being dug up or excavations to be made therein, unless the same be done with the permission of the Board of Commissioners, and under the direction of the City Engineer, or other officer designated by the Board of Commissioners; and to prescribe —17— and exact fees for such privileges, and deposits as guarantees of proper restoration of such street or sidewaLks. G. To regulate, establish and change the grade of all sidewalks, streets and premises, and to require and compel the filling up and raising the same. 7. To permit, prevent and regulate the laying of gas, water, and sewer mains and pipes in the city of Dallas; provided, however, that any water or sewer mains or pipes that may be laid in any public street or alley shall thereupon immediately become the property of the city of Dallas. To compel any person using the streets, alleys or sidewalks for the pur- ])ose of laying gas or water mains and pipes, server pipes, or for building oi' other purposes, to repair, clean up, and restore said streets, sidewalks and alleys so used. 8. To provide for, establish and maintain a free public library within the city, and to co-operate with any person, firm, or corporation under such terms as the Board of Commissioners may prescribe far the estab- lishment of such free public library, and to that end they shall appropriate annually out of the general revenue of the city as a fund for the support and maintenance of the Dallas Public Library a sum etjiial to fifteen one- hundredths of one mill (.0001.^) of the assessed taxable values of the city for the current year. i). To establish, buy, erect, maintain, own, lease and regulate wharves and docks, charge wharfage and dockage, to condemn private property for such uses and purposes and to fix places for the anchorage of water craft thereon. lU. To buy, establish, lease, maintain, regulate and o])erate markets and market places, and abbatoirs, and to build, own and maintain build- ings therefor, and to rent and .lease the same. 11. To establish and maintain sanitary closets for the service of the [lublic, and to obtain I^y purchase or condemnation property for such closets. Sec. S. Fra)ichiscs. 1. The ownership, right of control and use of the streets, highways, alleys, parks, public places and all other real prop- erty of the city of Dallas, is hereby declai-ed to be inalienable to said city, except by ordinance passed by vote of the majority of the Board of Commissioners, as hereinafter provided; and no franchise or easement in- volving the right to use the same, either along, across, over or under the same, shall ever be valid, unless expressly granted and exercised in com- pliance with the terms hereof, and of the ordinance granting the same. Xo act of omission of the city, its Board of Commissioners, officers or agents shall be construed to confer or extend by estoppel or indirection, any right, franchise or easement, not expressly granted by ordinance; provided, that alienation of school property shall be as herein elsewhere authorized. 2. The city of Dallas shall have power, subject to the terms and pro- visions hereof, by ordinance to confer upon any person or corporation the franchise or right to use the property of the city, as defined in the pre- ceding section, for the purpose of furnishing to the public any general public service, including heat, light, power, telephone service, refrigeration, steam, or the carriage of passengers or freight within the said city and its suburbs, over the streets, highAvays and property of said city, or for any other purpose whereby a general service is to be furnished to the public for compensation or hire, to be paid to the franchise holder, whereby a right to. in ])art, appropriate the streets, highways or other property of —18— the city, is necessary or proper, provided, that no franchise shall be granted by said city to any person, firm or corporation to own, control or operate waterworks therein. 3. No exclusive franchise or privilege shall ever be granted, nor a fran- chise, nor a privilege to commence, at any time after six months subsequent to the passage of the ordinance granting the same, and no franchise shall be directly or indirectly extended beyond the term originally fixed by the ordinance granting the same, nor shall any fran- chise be granted to any person or persons or corporation authorizing such person or corporation, their associates, assigns, or successors, to acquire the phyical pioperty, rights or franchises of another person or corporation to whom or which a franchise has already been granted by the city whereby the rights and properties held and used under such franchise are assigned to another person, firm or corporation which holds a franchise extending beyond the time of tlie expiration of the franchise of the person, firm or corp(/ratiiin selling svich physical properties, rights or franchises. 4. The city of Dallas shall have the power, by ordinance, to grant any franchise or right nientioned in the preceding sections hereof, which or- dinance shall not be passed finally until its third reading which readings shall be at three separate regular meetings of the Board of Commissioners, the last of which shall take place not less than thirty days from the first. Xo ordinance gi-anting a franchise shall pass any reading except by vote of the majority of the Board of Commissioners, and such ordinance shall not take eft'ect until sixty days after its adoption and its third and final reading; provided, tliat if at any time- before such ordinance shall finally take effect a petiti(ni nr petitions shall be presented to the Board of Commissioners signed by five hundred of the l)onafide qualified voters of the city, then the Board of Commissioners shall submit the question of tlie granting of said franchise to a vote of the qualified voters of the city (if Dallas at the next succeeding annual election to be held in said city. ]jr(i\iy said owner. 20. TliC compensation mentioned in tlie preccdini: secliiui sh.all be pay- able annu;illy in advance on the secnnil day of January, and if not then paid llie ri.ulit -ranted sluill fcitVil and terminate. 21. The grant or rct'iisal i;| an oi-dinancc liy the I'.oard of Commissioners granting or refusing tlie rii^lit mi'iitioncd in the picccdinn' si'ctinns shall be subject to the provisions cf this cliaitci- prii\iilin,L;' I; r t!;;' snlmiission of the granting or refusal of general fiaiieliises to the \oiv- of tlie qualified voters of the city; provided that an '. idinancc giantiii^' or refusing the right to lay a switch not more tlian one l)Ioek in length need not be sub- ject to such vote unless said switch shall cross a street bounding such block. 2"2. The Board of Commissioners shall have jinwer. liy ordinance or reso- lution, to grant to any owner of property abutting upon the streets or other |iropi'rty of the city the use thereof or to go over or under the same in any manner which may be necessary or proper to the enjoyment of said abutting property by the o-wnor: pro\'ided, that such use be not in- consistent with or does not luireasdnalily impair the public use to which said street nr other public pi-opert)- n.iay be dedicated. The Board of Commissioners shall li\ the tcrivis and conditions of any such grant and the time for which the same shall exist. The right is expressly reserved to the city, acting through said board, to terminate such —23— grant when deemed inconsistent witli tlie public use of the property of the city, or when the same may become a nuisance. 23. For the rights granted under the preceding section the city shall receive annual compensation to be fixed by the Board of Commissioners, not less than five ($5.00) dollars pei- annum. Such compensation shall be paid each year in advance on the second day of January. Tlie failure to pay same when due shall operate as an absolute forfeiture of the right granted. 24. No street or other railway shall be authorized by the Board of Commissioners to lay tracks on or occupy the streets or alleys of the city until the owners of a majority of the front feet of property abutting on said streets or alleys so to be occupied have, in writing, consented thereto and said consents have been filed with said Board; provided, the entire distance of such proposed line of railway shall be considered in determin- ing whether the owners of a majority of the front feet of abutting prop- erty have consented thereto, and the majority here required shall be a majority of the front feet of the entire distance of such continuous line, whether occupying one or more streets or alleys; and provided further, that after the consent of any property owner shall be given in writing as herein provided for, he shall not be entitled to withdraw the same within twelve months after giving such consent, nor shall he be entitled to with- draw" it , thereafter if within such period the applicant for the easement shall file with the city the consents of enough of the property owners in- terested to authorize the Board of Commissioners to grant such easement. 2.5. Xo switch shall be authorized by the Board of Commissioners to be laid in such streets or alleys until the owners of a majority of the front feet of property in front of which said switch is to be laid shall have filed with said board their written consent thereto. 20. The city of Dallas shall have the power, by ordinance or otherwise, to regulate the speed of engines, locomotives and street cars within the limits of said city; and to require steam interurban and electric railway companies to keep the streets over Avhich they run properly drained and to light the same wherever deemed necessary and to require steam inter- lu-ban and electric railway companies to construct and keep in repair from curb to curb, bridges and crossings over all the ditches made or crossed by them, and to construct and maintain drains and culverts where crossed by any line of said railways on all streets over which they run; to direct and control the laying and construction of railroad tracks, turnouts and switches and to regulate the grade of same, and to require them to conform to the grade of the streets of said city as they may hereafter be or are now established, and that said tracks and turnouts and switches be so constructed and laid out as to interfere as little as possible with the ordinary travel in the use of the streets; to require steam railways using any portion of the streets of the city to pay all or any part of the paving, grading, draining and repair thereof along the streets so used by such railway, and to light the same whenever and wherever deemed necessary or advisable; to require any street or electric railway company to pay the cost of the grading, paving, repairing or repaving, or otherwise improving the street or streets or intersections thereof used or occupied by such railway company and such cost shall be a lien upon the property and franchises of the company. The portion of the street occupied by an electric or street railway company shall be deemed to be • tlu' space between its tiacks and twenty-four inches on the outside of eacli of its rails, and all the space between double tracks, turnouts and switches. Any railroad company, interurban or street railway company proposing, with the permission of the city of Dallas, to occupy any street or streets already occupied by any other such company shall, besides paying for paving as may be required by the city of Dallas or by the provisions of this act, be required also to pay for paving between the tracks of said two roads within tw#nty-four inches of the. track of such other road, and such cost shall be a lien upon the property and franchises of the company: and if the Board of Commissioners shall so direct, said street or electric railway company may be required to pave the street or streets occupied by them from curb to curb. Should any railroad or street railway company propose to lay a trade on any street or portion of a street which shall have been improved under tlie provisions of this act, it shall become liable for the portion of the cost of such improvement as the commission may direct, or as is fixed by this act. N'o railroad or street railway company shall be permitted to occupy any street or portion of a street, improved or otherwise, not previously oc- cupied bj^ it, except with the permission of the Board of Commissioners. The City of Dallas shall have power, by ordinance, to require any street car or electric railway car or electric railway corporation, operating street cars in, into or through the City of Dallas, to issue to its passengers transfers from any of its lines to any other lin"es within the city, upon the payment by said passenger of the fare or rate prescribed for one con- tinuous passage, whether such line be owned by it or any other company and in addition to the penalties to be prescribed by ordinance for the fail- ure to give transfers, shall have the right by mandamus or other proper remedy in any court of competent jurisdiction, to enforce any ordinance re- (juiring the giving of transfers by any street railroad company; and in addition thereto the. City of Dallas may recover of the street railway com- pany the sum of twenty-five dollars as penalty and liquidated damages for each and every failure to give a transfer. It shall be unlawful to grant, to continue, amend or extend any street railway franchise without Innding any such railroad to give uniA'ersal transfers, under provisions now fixed or hereafter to be fixed b}' general ordinance. 2Ga. All persons or corporations now operating or hereafter operat- ing within tlie corporate limits of tlie city of Dallas, any interurban elec- tric railway line, either on their own or other street railway tracks, shall be required to give reasonable local passenger service thereon within the corporate limits of the city of Dallas between all points on said inter- urban line or lines for a fare not exceeding five cents, ' and to that end shall be required to stop passenger cars so operated by them at all street crossings in said city, to take on and let off local passengers, provided that this shall not apply to any portion of such interurban lines where local service is furnished by local cars to the same extent as is required under the foregoing provisions hereof. 26b. Any person, persons or corporation operating an interurban electric railway line within the corporate limits of the City of Dallas, who shall violate any of the provisions of the foregoing subdivision shall —25— he liable to the Lity of Dallas, for a penalty of not less than $100.00 nor more than $500.00 for each offense, and which penalties shall be recovered and suit therefor shall be brought in the name of the City of Dallas, is any court of proper jurisdiction in Dallas County, by the City Attorney of said City of Dallas, Texas, or under his direction. 27. Tlie City of Dallas shall have the power, by ordinance, to fix and regulate the price of water^, gas and electric lights, and to regulate and fix the fares, tolls and charges of local telephones and exchanges; of public carriers and hacks, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates, tolls or charges, and the kind of service of all public utilities of every kind. 28. The City of Dallas shall have power to direct and control the lay- ing and construction of railroad tracks, turnouts and switches and to re- quire? that they shall be so constructed and laid as to interfere as little as possible with the ordinary travel and use of the streets, and to re- quire that they be kept in repair, to regulate and control the location of cable and other street and railroad tracks and all steam railroads tracks, and to require railway companies of all kinds to construct at their own expense such bridges^ viaducts, turnouts, cvilverts, crossings and other things, as the Board of Commissioners may deem necessary; to regulate the speed of all railroad trains and street cars and interurban railways within the city limits and their stops at street crossings and to require railroad and street car companies and interurban railways to keep the streets through which they run, in repair, and to require all railroad com- panies and street railway and interurban companies to light the streets over or across wliicli street railway, interurban or railroad cars are operated, whenever deemed necessary and to prescribe the kind of light ta be used, and to levy special taxes on assessments upon them for street improvement the saiue as against property owners; to require all railroad companies, street railway companies or interurban railway companies to maintain gates or watchmen at street crossings when ordered b.v the Board of Commissioners. 29. To prevent and regulate the running of horse railwa.v cars, or cars propelled by dummy engines or other power, the la.ying down tracks for same, the transportation of passengers thereon, the form of rail to be used, and everything used, and everything else concerning street rail- ways and to levy special taxes or assessments against such roads for street improvement, the same as against the property owner. 30. The Board of Commissioners shall have the power to recjuire any corporation holding a franchise from the city to allow the use of its tracks, poles and wires by any other corporation to which the city shall grant a franchise, upon the payment of a reasonable rental there- for to be fixed by the Board of Commissioners. .31. Corporations enjoying franchises now or hereafter from tlie City of Dallas shall not be permitted to issue stocks or bonds, except for money paid, labor dime, or property actually received. 32. In the event of the issuance of such stock or bonds the same shall not be issued either as to stock or bonds in excess of the money actually paid, or in excess of the reasonable value of the labor actually done, or property actually received. 33. Any stock or bonds issued in contravention of the provisions of this article shall be void. —26— 34. Wlienever any corporation enjoying a franchise from the City of Dallas shall desire to issue any stock or bonds, it shall file with the City Secretary a statement showing the amount of said stock or bonds proposed to be issued. 35. Whenever any corporation enjoying a franchise from the City of Dallas may desire to issue any stock or bonds subsequent to its or- ganization, it shall file with the City Secretary a statement showing the amount of such stock and the amount of such bonds proposed to be issued, and showing the purpose for which the same are to be issued. 36. Upon application made, and after thirty days public notice thereof, the legislative authority of the City of Dallas, upon showing that the necessary interests of the corporations require it, and that such inter- ests are not in conflict with the public interests, may authorize a cor- poration enjoying a franchise from the City of Dallas to issue stocks and bonds with the restrictions herein imposed; provided, that the same shall be subject to the provisions of subdivisions 32 and 33 of this article, and provided further, that such authority shall never be given for the issuance of funding bonds to replace other bonds in excess of the amounts to which such bonds would be limited by the provisions of said sub- divisions. 37. Every corporation holding a franchise or enjoj'ing an easement of any sort through, under or from the City of Dallas, shall be required to prepare and file annually with the Board of Commissioners, within sixty days after the close of the fiscal year of such corporation, a true, full and correct statement, based upon its condition at the close of such fiscal year and its transactions for the current year which shall exhibit. (a) The amount of all stock issues of such corporation, and the divisions thereof. (b) An itemized statement of the indebtedness of such corporation, its nature and division, whether floating or bonded, and the interest payable on each item thereof. (c) An itemized statement of the income of such corporation and the amounts derived from each source of income. (d) An itemized and detailed statement of the expenditures of such corporation. (e) An itemized statement of all property of every kind owned by said corporati(ni, wherever situate and the location and fair market value of each item thereof. (f) Said annual statement shall be verified by oath of a duly au- thorized officer or agent of such corporation, and shall be spread upon the minutes of the Board of Commissioners. If any person signing such annual report shall -w'ilfully make a false representation therein, he shall be guilty of perjury, and punished there- for as provided by law. If any corporation recjuired to file such report shall fail so to do as herein provided, it shall be the duty of the City Attorney, after due notice to such corporation of such intention, to bring a suit in the dis- trict court to forfeit the franchise granted by the city to such cor- poration, and if it shall appear to the court that such corporation has wilfully failed to make such report, it shall render judgment in said cause decreeing a forfeiture of such franchise and of all rights accruing thereunder to said corporation. -27— ARTICLE III. THE HOARD OF COMMISSIOXKRS. 1. All powers conferred on the city shall, unless otherwise provided in this charter, be exercised by a Mayor and four Commissioners, who together shall be known and designated as the Board of Commissioners, all of whom shall be elected bj' the qualified voters of the city at large, and shall devote their entire time to .the service of the city. The Mayor shall be ex-officio president of said Board of Commis- sioners, and shall have and exercise all of the powers of a member thereof. 2. On the sixth Tuesday after this act sliall take effect, and bien- nially thereafter on the first Tuesday of April, there shall be elected at an election to be held in said City of Dallas, to be called as herein- after provided, a Mayor and four Commissioners, who together shall compose said Board of Commissioners, and who shall serve for the term of two years and until their successors shall be elected and shall qualify. Candidates for Mayor and for places on said Board of Com- missioners shall be voted for separately, and candidates for Commis- sioner-shall be designated on the official ballot as candidates for Com- missioner No. I, or No. 2, or Xo. 3, or No. 4 (said numbers to be printed after the designating title "Commissioner"), in accordance with the written requests which said candidate shall file with the City Secretary. Each candidate for Commissioner shall designate in the announcement of his candidacy, and in his request to have his name placed on the official ballot, the number of the place on the Board of Commissioners for wliich he desires to become a candidate, and such request to be placed on the official ballot shall be filed in writing Avith the City Secretary at least ten days before such election shall be held. The City Secre- tary shall prepare an official ballot in accordance with such requests and with the provisions hereof, and only svich ballot shall be used at said city election. The candidate at said election for ^Mayor or for a place on said Board of Commissioners who shall receive a majority of all the votes cast for the office for Avhich he is a candidate shall be de- clared elected to such office. In the event any candidate for either of said offices shall fail to receive a majority of all votes cast for all the candidates for such office at such election, the Maj^or of said city shall, on the first day following the completion of the official count of the ballots cast at said first election, issue a call for a second election to be held in said city on the second Tuesday following the issuance of such call, at which said election the two candidates receiving the highest number of votes for any such office to which no one was elected at said first election by receiving a majority of all votes cast thereon, shall be again voted for. The official ballot to be used at said second election shall be prepared by the City Secretary and the name of no person shall appear thereon unless he was a candidate for the office designated at said first election, and the two persons receiving at said first election the first and second highest number of votes cast for can- didates for such office shall be entitled to have their names printed on said official ballot, in the order of their standing in the computatioi? of the votes cast at said first election, as candidates at said second election for such off.ee;* provided, that in the event any person who —28— was a candidate at said first election and who shall be entitled to be- come a candidate at said second election shall fail to request that his name shall appear on the official ballot therefor, as herein provided, the candidate for such office standing next in order in the computation of votes shall succeed to his rights with respect thereto; provided, further, that two candidates for such office at said first election shall be entitled to become candidates therefor at said second election, which two candidates shall be those two among svich candidates as shall stand highest, respectively, in the computation of votes cast for such of said candidates at said first election as shall file written requests to be placed on the official ballot as candidates for such office at said second election. In the event of a tie in the vote for the two leading candidates for any office at said first election, said office sliall be filled at a second election, as herein provided for, at which such candidates, so tied in said first election, may again become candidates. In the event they, or either of them, shall fail so to do, the two candidates for such office who lead in the computation of votes therefor, and who desire to become candidates therefor at said second election, shall be entitled so to do, in the order of their respective votes at said first election. In the event of a tie between the two candidates for any office at said second election they Shall cast lots to determine who shall be elected thereto. 3. In case a primary election is held pursuant to the call or under tlie direction of any political party, or of any association of individuals f<;r the nomination of candidates for tlie offices of Mayor and Com- missioners, the candidates or persons voted for in said primary election shall be voted for at large by all of the legally qualified voters in said city and upon the same plan and under the same system as pro- vided for in the preceding section, it being the purpose ot this act to nominate and elect at large in said city ilie ^layor and Commissioners, without restricting the nomination (it luididates for either position to any smaller designated territory witliin Ihc limits of said city. A candidate for any such office who shall fail t(. if(ci\e in any ]nimary election a majority of all the votes cast for ;ili ciindidates for such oifice sliall not be entitled to have his namr iili,i!'il im the official ballot as a candidate for such office at the regular cli'ctiiin. Any primary elec- tion held to select a candidate or candidates for ^Mayoi' and for meni- l;ers of said Board of Commissioners which is not conducted under the majority rule system provided for in Section 2 shall be illegal and void, and the nominees theicof slmll not be entitled to have their names placed on the official ballot to be used in the regular election. Independent candidates for Mayor or for positions on said Board of Commissioners sh.all be entitled to have their names placed on the of- ficial ballot to be used in the regular election by filing with the City Secretary, not less than ten days before such election, a written petition therefor, wliich shall be signed by such candidate and by at least one hundred qnalilied voters of said city. 4. Any primary election and all regular and special elections held ill and for said city shall be governed in all respects by the general election laws of the State, except as herein specially provided. 3. Each member of the Board of Commissioners shall, in addition —29— to llic (ilher ([uali(ic:iti(uis lueserilK'il liy law. be at tlu" dale of his ek'c-tidii a (lualilied voter of tlie City (d' Dallas, and siiall n<>1 lie in anears in the ijayment of any taxes or other liabilities due the eity. (). Tlie :Mayor shall be a member of the Board of Commissioners with all the rights, powers and duties appertaining thereto. He sliall be the chief executive oflRcer of said city, and shall see that all the laws thereof are enforced. It shall be his special duty to see that the conditions of all franchises granted by the city are faithfully complied with, and that all contracts made with the city are faithfully exe- cuted. He shall nominate all appointive officers of the city except Auditor, and such nominations shall be subject to eontirmation by the Board of Commissioners, by a majority vote thereof. The :Mayor shall not be entitled to vote as a member of said board upon the question of the confirmation of any nomination for oflSce so made by him. but shall be entitled to vbte upon all other questions that may be sub- mitted to or acted upon by said board. The officers to be thus nomi- nated by the :Mayor and confirmed by the Board of Commissioners shall be all oflicers whose powers, or duties or salaries are prescribed and defined by ordinance of said city. The salary of the Mayor shall be four thousand ($4000) dollars per year, payable in e(|ual montlily installments. The Board of Commissioners shall at the beginning of their terms of office elect by ballot, by a majority vote of all the members thereof, one of their number to act as Mayor pro tem, and the Commissioner so chosen shall be invested with all the powers, and shall perform all the duties of the Mayor, during his absence or sickness. 7. In the case of the death, resignation or permanent disability of the Mayor or whenever a vacancy in the office of the ^Mayor shall occur for any reason, the Mayor pro tem shall act as ^Nlayor. and shall possess all the rights and powers of the Mayor, and i)erform all of the duties and receive his salary under the official title, howovei-, of "^layor pro tem." until an election is ordered by the Board of Commissioners to fill the vacancy in the office of the ^Mayor. Said election, should a vacancy occur in the office of Maj^or, shall be called by the Board of Commis- sioners and held within thirty days thereafter, and notice by publica- tion given for at least twenty days, as may be required by law; pro- vided, that in the event such vacancy should occur within ninety days of the next, regular election to be held either for members of the Board of Education or for members of the Board of Commissioners said elec- tion f(n- ^layor shall be held at said next regular election. S. Die Board of Commissioners, at their first meeting after election, or as soon thereafter as may be practicable, shall, by a majority vote, designate from among their members one Commissioner who shall be known as "Police and Fire Commissioner." and who shall have under his special charge the enforcement of all police regulations of said city, and general supervision over the fire department thereof; one Com- missioner to be known as the "Commissioner of Streets and Public Property," who, except as herein otherwise provided, shall have under liis special charge the supervision of the streets,- alleys, public grounds and other property of said city, and be charged with the duty of light- ing the- streets and keeping the streets, alleys, public grounds and piop- erty in a clean and sanitary condition and with the enforcement of all rules and regulations necessarv to these ends, and who shall also liavo — 3U— umler his special charge the supervision of all public improvements, except as herein otherwise provided, and shall see that all contracts therefor are faithfully complied with; and one Commissioner to be known as the "^^'aterworks and Sewerage Commissioner," who shall iiavo under his special charge the construction^ maintenance and opera- tion of the waterworks, sewer system and departments of said city, and shall see to the enforcement of all regulations with respect to said department and with respect to all the revenues pertaining thereto: and one Commissioner who shall be known as the '■; nmmissioner of Finance and Revenue," who shall have under his special charge the en- forcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging t\j said city from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of s.uch city. It is expressly provided that the number by which a Commissioner was designated upon the official ballot shall bear no relation to and shall in no manner be considered in the determination of the particular position or oflfice to be assigned to any Commissioner. Said Commissioners shall perform all of the executive duties of the respective departments to which they may be assigned, as above provided, but said board, as a whole, shall have supervision of and be responsible for the administration of each of said departments. The salary of each of said Commissioners shall be three thousand dollars per year, pa^'able in monthly installments. 9. The Commissioners named as the head of each department shall audit all accounts or claims against it, \ndess he be absent or fail or refuse so to do, in which event the Mayor shall appoint another Com- missioner to act in his stead during his absence, or to audit such claims and accounts as the said Commissioner shall fail or refuse to act upon; but before payment all accounts shall be acted upon and approved by .said Board of Commissioners at a meeting of said board. Said board shall require a statement to be published monthly in the official news- paper of said city showing a fuU^ clear and complete statement of all taxes and otiier revenue collected and expended during the preceding month, indicating the respective sources from which the moneys were derived and also indicating the disposition made thereof, and showing all disbursements during said period. 10. The Mayor and each member of the Board of Commissioners shall be required to give bond in the sum of ten thousand dollars for the faithful discharge of his duties.. 11. The Board of Commissioners shall be vested with the power and charged with the duty of adopting all laws and ordinances not incon- sistent with the Constitution and laws of this State touching every object, matter and subject Avithin the purview of the local government in- stituted by this act. 12. Every ordinance, resolution or motion of the Board of Com- missioners shall, before it takes effect, be presented to the Mayor for his approval and signature. If he approves it, he shall sign it; if he disapproves it, he shall specify his objection thereto in writing within two days and return tlie same to the Board of Commissioners with such disapproval. If he does not retiu-n it with such disapproval, nor sign it, it shall, after two days, be in effect and force, as if he had approved it. —31— A veto by tlie flavor shall suspend the action of the Board of Com- missioners for seven days, after which time the Board of Commission- ers may pass the same over the veto of the ]\Iayor hj a majority vote, but in all such cases the Mayor shall not be deprived of his right to vote as a member of the Board of Commissioners by reason of such veto. In case the Mayor's veto is sustained, the matter shall not again come before the Board of Commissioners Avithin six Tuonths. In ordi- nances or resolutions making appropriations, the Mayor may veto any or every item therein, but such veto shall not extend to the items not vetoed, and those which he approves shall become effective and those which he disapproves shall not become eflfective, unless passed over his veto ill the manner above specified. 13. The Board of Commissioners shall have control and supervision over all the departments of the city, except as herein otherwise pro- vided, and to that end shall have power to make and enforce such rules and regulations as • they "may see fit and proper for and concern- ing the organization, management and operation of all the departments of said city and whatever agencies may be created for the administra- tion of its affairs. They shall have power to create such offices as they may deem necessary for a prudent and successful administration of the affairs of the city, and to fix the salaries of the persons appointed thereto; provided, that the term of any such office so created by them shall never exceed the period of one year, and they shall have power to abolish at any time any such office and to terminate the official du- ties and relations of the person occupying the same. The ]\Iayor shall propose and submit to the Board of Commissioners nominations for all offices created by said board, and said nominations shall be subject to confirmation by a majority vote of the board, not including the A^ote of the mayor. In the event any such nomination by the Mayor shall fail of confirmation by the board, it shall be the duty of the Mayor to make a temporarj^ appointment of an officer pro tem to discharge the duties of said position, who shall not have been rejected by the board as a nominee of the Mayor for said office, and to submit another nomi- nation to the Board of Commissioners, and to continue to so submit other nominations until one shall be ratified and confirmed by said board. Each member of the Board of Commissioners shall have the right to propose and name the employes in the department or departments un- der his immediate supervision, but a majority of the board shall have the power to reject any such proposal and to discharge any officer or employe of the city except the City Attorney, Corporation Judge and Auditor. All salaries and Avages to be paid employes of the city, ex- cept as otherAvise provided herein, shall be fixed and paid by the Board of Commissioners, acting as a Avhole, and shall not become effective unless at least three members of the board shall vote therefor. 14. The Board of Commissioners shall meet at least three times in every Aveek in regular meeting at such times as shall be fixed by said board, at the city hall in said city, to consider and take under advise- ment and act upon such business as may come before them. A ma- jority of said board shall constitute a quorum for the . transaction of all business, but no action of said Commissioners shall be effective un- less upon a vote of the majority of such quorum, and no ordinance shall —32— be piisst'd or bocoiiie elleitive without lecoiviiig the votes of at least three members of the board. No final action shall be taken in any matter concerning the special department of any absent Commissioner unless such business has been made a special order of the day by action at a previous meeting of the board, or such action is taken at a regular meeting of the board. Special meetings may l)e called by the Mayor or by any two members of said board at any time to consider only such matters as shall be mentioned in the call for said meeting, and written notice thereof shall be given to each member of said board. All sessions of said board, whether regular or called, shall be open to the public. 15. It shall be the duty of the ^^fayor, from time to time, to make such recommendations to the Board of Commissioners as he may deeuj to be f(n- the welfare of the city, and on the first Monday in ^May of each year, or as soon thereafter as practicable, to submit to the Board of Commissioners the annual Inidget or estimate of the receipts and exjjenses of the city for the fiscal year, each item in which may T)e in- creased, reduced or omitted by tlie board, subject to the veto power of the Mayor. 10. It shall be the duty of the Board of Commissioners, on the second Monday in May. or as soon thereafter as practicable, to appropriate such sums of money, respectively, for each of the various departments of the city governnu'ut a-^ it may deem necessary for the maintenance and operation thereof d\uing the current year. The current fiscal year shall begin at 12:01 o'clock, noon, on the first day of ]\[ay of each year. In addition to the departmental aispropriations herein jnox ided for, tlie Board of Commissioners shall also make such ai)propriatier cent of the entire vote cast for all candi- dates for ]\Iayor at the last preceding general election, at which a JIayor was elected, and contains a request that said ordinance be subnitted forthwith to a vote of the people at a special election, the Board of Com- missioners shall either: (a) Pass said ordinance without alteration within twenty days after the attachment of the Secretary's certificate of sufficiency to the accom- panying petition (subject to referendary vote under the provisions of this charter) ; and if the ordinance shall be passed by the Board of Com- missioners, but shall be vetoed by the Mayor and on reconsideration shall fail of passage by the Board of Commissioners, then within five days after determination that said ordinance shall have so failed of final adoption the Board of Commissioners shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people; or (b) Forthwith after the secretary shall attach to the petition accom- panying such ordinance his certificate of sufficiency, the Board of Com- missioners shall proceed to call a special election, at whicli said ordinance, without alteration, shall be submitted to a vote of the people. If the petition be signed by electors equal in number to at least 5 per cent, but less than 15 per cent, of the entire vote cast for all the —50— candidates for mayor at the last preceding general election at which a Mayor was elected, then such ordinance, without alteration, shall be submitted by the Board of Commissioners to a vote of the people at the next general municipal election that shall occur at any time after thirty days from the date of the Secretary's certificate of sufticiency attached to the petition accompanying such ordinance. The ballots used when voting upon said ordinance shall contain the words, "For the Ordinance" (stating the nature of the proposed ordinance,) and "Against the Ordinance" (stating the na'ure of the propose! or- dinance). If a majority of the qualified electors voting on said prop ised ordinance shall vote in favor thereof, such ordinance shall thereupon be- come a valid and bindirg ordinance cf the city, and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people. Any number of proposed ordinances may be voted up'jn at the same election, in accordance with the provisions of this section oi the charter, but more than one special election shall not be held in any period of six months. The Board of Commissioners may submit a proposition for the repeal oi any such ordinance or for amendments thereto, to be voted upon by any succeeding general city election, and should such proposition so submitted receive a majority of the votes cast thereon at such election, such or- dinance shall be repealed or amended accordingly. Whenever any ordinance or proposition is re(}uired l)y this charter to be submitted to the voters of the city at any election, the City Secretary shall cause the ordinance or proposition to be printed, and he shall enclose a printed copy thereof in an envelope with a sample ballot, and mail the same to each voter at least ten days prior to the election, but the Board of Commissioners may order such ordinance or proposition to be printed in the official newspaper of the city and published, and may order that such publication shall take the place of the printing and mailing of the ordinance or propostion and of the sample ballots as first above provided. 2. Xo ordinance passed by the Board of Commissioners, except when otherwise required by the general laws of the State, or by the provisions of this charter respecting street improvements, and except an ordinance! for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency and is passed by a four-fifths vote of the Board of Commissioners (but no grant of any franchise shall be construed to be an emergency measure, but all franchises shall bo sub- ject to the referendary vote herein provided), shall go into eflfect thirty days from the time of its final passage and its a]>pnival by the Mayor; and if during said thirty days a petition signed by electors of the city equal in number to at least fifteen per cent of the entire vote cast for all candidates for Mayor at the last preceding general elec- tion at which a jNIayor was elected, protesting against the passage of such ordinance, shall be presented to the Board of Commissioners, the same shall thereupon be suspended from going into operation, and it shall be the duty of the Board of Commissioners to reconsider such ordinance, and if the same is not entirely appealed the Board of Commissioners shall submit the ordinance, as is provided in Section 1 of Aiticle ^TT^ of this City Charter, to the vote of the electors of the cit\', either at the next general election, or at a special municipal election to be called —51— for that purpose, and sucli ordinance shall not go into ellect or become operative, unless a majority of the ([ualified electors voting on the same shall vote in favor thereof. Said petition shall be in all respects in ac- cordance with the provisions of said section 1 of article VIII, except as to the percentage of signers, and be examined and certified by the Secretary, and in all respects as is therein provided. ARTICLE IX. REC.VLL OF ELECTIVE OFKlCEltS. The holder of an elective office may 'be removed at any time by the qualified voters of the City of Dallas. The procedure to ellect the re- moval of an incumbent of an elective office shall lie as follows: A pe- tition signed by the qualified voters of said city, equal in number to at least 35 per cent of the entire vote cast for candidates for the office of JMayor on the final ballot at the last preceding general municipal election, demanding the election of a successor of the person sought to be removed, shall be filed with the City Secretary; provided, that the petition sent to the Board of Commissioners shall contain a general statement of the grounds for which removal is sought. • The signatures to the petition ^need not all be appended to one paper, but each signer shall add to his signa- ture his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths' that the statements herein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. 'Within ten days from the date of filing such petition the City Secretary shall examine, and from the list of qualified voters of said city, ascertain whether or not said pe- tition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing the result of said examina- tion. If by the Secretary's certificate, the petition is shown to be insuf- ficient, it may be amended within ten days from the date of said certifi- cate. The City Secretary shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same eflfect. If the petition shall be found to be sufficient, the City Secretary shall submit the same to tlie Board of Commissioners without delay. If the petition sliall be found to be sufficient, the Board of Commis- sioners shall order and fix a date for holding the said election, not less than thirty days, noi- more than forty days from the date of the Secre- tary's certificate to the Board of Commissioners that a sufficient petition is filed. Tlie Board of Commissioners shall make or cause to be made, publica- tion of notice and all arrangements for holding of such election, and the same shall be conducted, returned and tlie result thereof declared in all respects as are other city elections, and a majority of all the votes which shall be cast at such election shall be necessarj' to elect. In the event no candidate shall receive such majority at the first election, a second election shall be held in accordance with the provisions of article III hereof. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed —52— may be a candidate to succeed himself, and unless he requests other- wise in writing, the City Secretary shall place his name on the official ballot without nomination. In any such removal election the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of election, the office shall be deemed vacant. If the incumbent receives the highest number of votes he shall continue in office. ARTICLE X. STREET AND SIDEWALK IMPROVEMENTS. Section 1. The term "Street Improvements" as embraced in this A,r- ticle, shall include the improvement of any street, avenue, alley, highway, public place or square, or any portion thereof, within the city, by filling, gi-ading, raising, macadamizing, re-macadamizing, paving, repairing or other- wise improving the same, or by construction or reconstruction of sidewalks, curbs and gutters, or repairing the sfime; and shall also include the laying out, opening, narrowing, straightening, or otherwise establishing, defining, and locating any street, avenue, public alley, square, place or sidewalk; and said term shall also include any other street improvement of a public nature and for a public benefit. (a) The term "Public Highway," wherever used hereafter in this ar- ticle shall be deemed to include any street, avenue, alley, highway or public place or square, or any portion thereof, with the City of Dallas, dedicated to public use. (b) The Board of Commissioners shall have power to order the im- provement of any public higliway or Iiighways. or parts thereof, witliin the City of Dallas, and shall have power to prescribe the nature and ex- tent of such improvements. (c) The Board of Commissioners shall have power to cavise sidewalks, curbs and gutters to be constructed, reconstructed, or repaired, under and by virtue of the terms of this article and the various subdivisions thereof, either separately or together with other improvements; provided, that the cost of constructing, reconstructing or repairing sidewalks shall be borne entirely by the owners of property abutting upon such side- walks; and provided that the right of the Board of Commissioners to order the construction, reconstruction or reptiir of such sidewalks, curbs and gutters, imder the terms of this article and the various subdivisions thereof, shall be exclusive of and in addition to, the powers hereinafter in this charter conferred upon such Board of Commissioners to order such improvements. (d) Subject to the terms thereof, the cost of improving any public highway may be paid wholly by the city, or partly by the city and partly by the owners of property benefitted by such improvement and abutting upon the public highway, or portion thereof, ordered to be improved; pro- vided, that when any person, firm or corporation owns any railroad or street railroad or railroad switch of any kind on such public highway, or portion thereof, ordered to be improved, such person, firm or corporation shall pay the whole cost of such improvement between the rails and tracks and for two feet on each side of the rails of such railroad or - 53— street railroad and the city shall be relieved of the part of the costs to be paid by such road. The pro rata share of the cost of such improve- ment paj-able under the terms hereof by any railroad or street railroad, or the owners thereof, together with all costs of collecting the same, shall be a special tax against, and secured by a lien upon the roadbed, ties, rails, fixtures, rights and franchises of such railroad or street rail- road and the owners thereof. Whenever a contract shall be let for any such improvement, the Board of Commissioners shall levy a special tax upon the roadbed, ties, rails, fixtures, rights and franchises of such railroad or street railroad for the pro rata share due from such road for improve- ments between their tracks and rails and two feet on each side thereof. Said tax shall be levied at or after the time such contract is let or exe- cuted, and shall become due and delinquent as the ordinance levj'ing the same may specify, shall be a lien from the time of levy and the proceeds thereof shall be used for the payment of the costs of such improve- ment. If said tax be not paid as provided for by ordinance, then col- lection shall be enforced, as the collection of other taxes, by advertisement and sale of the property, rights and franchises levied upon; provided, it shall not be necessary to sell at the same time as for delinquent aa valorem taxes. At any such sale the City Tax Collector, or such other officer as may be designated by the Board of Commissioners, shall exe- cute to the purchaser a deed similar to the one executed when property is sold for ad valorem taxes. Such assessment and lien may also be en- forced by suit brought in any court having jurisdiction thereof. The lien provided for shall be a first and prior lien paramount to all encumbrances except taxes, upon the roadbed, ties, rails, fixtures, rights and franchises of the person, firm company or corporation owning the rail road or street railroad as aforesaid. (e) The Board of Commissioners shall have power, by resolution, to order the making of the public improvements mentioned in this article, or any of them, by majority vote, and the passage of such resolution shall be conclusive of the public necessity therefor and the benefits thereof, and no notice of such action by the board of commissioners shall be re- quisite to its validity. Such resolution shall, in general terms, set forth the natiu-e and extent of the improvement or improvements to be made, the section or sections of any public highway or highways to be improved, the material or materials with which the improvements are to be con- structed, and the method or methods under which the costs of such improve- ments are to be paid. Such resolution may specify that said improvements may, at the election of the commissioners be constructed from diff'erent materials, and may specify different or alternative methods of making such improvements, and providing for the payment of the costs thereof. Upon the passage of such resolution it shall be the duty of the city engineer to forthwith prepare specifications for the said improveiuent, which specification shall embrace the difl'erent materials or difl"erent plans or methods, under which the said improvements or part thereof, are to be constructed or paid for, if such different materials or alternative plans or methods of construction or payment are specified in said resolution, and such specifications shall also describe the character of bond or bonds to be required of the successful bidder for the construction of said im- provements or the maintenance thereafter as hereinafter provided. ^\Tieu such specifications have been prepared, they shall be submitted to the Board of ConiiiiisHidnors fur their approval. I'he Board of Commissioners shall have power to require of the contractor or conti-actors to whom the work may be let, a bond for the faithful performance of the contract, and also for the maintenance of the work in good condition at the cost of the contractor for a term not more than five years from the com- pletion thereof, and for the maintenance thereof by the contractor at the cost of the city for an additional term of not exceeding five years from the completion of such work. The bonds (if anj^) required by the board of commissioners to be executed by the contractor, shall be exe- cuted by such contractor or contractors to whom the work may be let, together with one corporate surety acceptable to said board of commis- sioners which sliall be a surety company authorized to do business within the State of Texas. When specifications have been adopted for such ii'iiprovements by the Board of Commissioners, it shall be the duty ( f the City Secretary, or such other officer as may be designated by the Board of Commissioners, to at once advertise for sealed bids for the construction of such improvements in acordance with the specifications adopted therefor. Such advertise- ment shall be inserted in a daily paper of general circulation in the City of Dallas, and shall state the time within which bids may b» i-eceived as prescribed by the board of commissioners, which shall be not less than ten or more than fifteen days from the insertion of said advertisement. Bids shall be filed with the City Secretary, or sucli other oflficer as the Board of Commissioners may designate, and shall be opened and read in public meeting of the Board of Commissioners. The Board of Commissioners shall have the right to accept such bids as it shall deem most advantageous to the city and the owners of the prop- erty abutting upon the public highway named to be improved, or maj- reject any and all bids; and where an improvement is ordered upon dif- ferent specifications, or for the construction of work, or part thereof, with different materials or under different plans or methods of con- struction or payment for such improvement, the Board of Commissioners shall have full power, after opening bids, to select sucli methods, plan or materials for making said improvement, or any part thereof, as it may deem best, and to let the work to such bidder and upon such bid as it may select, subject to the terms thereof. No bid shall be amended, re- vised or changed after being filed. (f) When bids for such improvements have been accepted by the Board of Commissioners, the city shall enter into contract with the eon- tractor or contractors to whom the woi-k has been let for the performance thereof, which contracts shall be executed in the name of the city by its Mayor and attested by the City Secretary, or such other officer as may be designated by the Board of Commissioners, Avith the corporate seal. The contractor or contractors to whom the said work has been let, shall execute such bond or bonds as may be required by the Board of Commissioners, and as herein provided. Such contract and bonds, if satisfactory, shall be approved by the Board of Commissioners. (g) Exclusive of the cost of making any improvements between, and two feet on each side of the tracks and rails of railroads and street railroads, which cost is to be assessed against and wholly paid by the owners of such railroads and street railroads as herein provided, and subject to the tern^s hereof, the City of Dallas, acting by its Board of — oo — Comniissionei's, sliall Inivo powei- to assess the whole cost of constnicting, reconstructing and repairing any sidewalk, and not to exceed two- thirds of the cost of making any other improvements ordered under the terms hereof, against the owners of property abutting upon the public highway or highways, or part of section thereof, upon which such im- provements are to be constructed, and who are specially benefitted thereby, and shall have power to fix a lien against such property to secure the payment of the proportion of such costs assessed against the owners of such property; provided, that in no event shall such costs be assessed against sucli owners or their property, or their personal liability therefor finally determined, until after the hearing hereinafter mentioned, and after the adjustment of equities between such owners; and provided further, that the cost assessed against any property or owner thereof, shall not exceed the amount of the special benefit in enhanced value, which such property shall receive from such improvement. The proportion of the costs of such improvement which may be assessed against any such property or its owners, shall be in proportion to the front- age of tlie property of each owner to the whole frontage of property on the public highway or highways or section thereof so or- dered to be improved and such cost shall be apportioned in accordance with what is commonly known as the frontage or front foot rule; provided, that if the application of this rule would, in the opinion of the Board of Commissioners, in particular cases, be unjust or unequal, it shall be the duty of said board to assess and apportion said costs in such pro- portion as it may deem just and e iuilu])Ie. liaving in view the special benefits in enhanced value to be received by each owner "f such property, the equities of such owners and tlie adjustment of sucii apportionment, so as to produce a substantial equality of benefits received by and bur- dens imposed upon each owner. The Board of Commissioners shall also have power to provide that the proportion of the said cost which may be assessed against the said owners and their property shall bear interest at a definite rate not to exceed seven per cent per annum when the payment thereof is deferred, and shall have the power to include in any assessment which may be made against such owners and their property, reasonable costs of collecting the same where such costs are incurred, and reasonable attorney's fees where at- torney's fees are incurred. (h) The contract or contracts for such improvement and the bond or bonds (if any required) having been executed and approved by the Board of Commissioners, if the cost, or any part thereof, of such improvement is to be assessed against abutting property, or owners thereof, it shall be the duty of the City Engineer to at once prepare a written statement which shall contain the names of such persons, firms, corporations or estates, as may own property abutting upon the section or sections of the public highway or highways named to be improved, the number of front feet owned by each, and describing the property owned by each, either by lot or block number, or otherwise so describing such property as may be sufiScient to identify the same; and such statement shall also contain an estimate of the total cost of such improvement, the proportion and amount of such costs to be assessed against abutting property and the own- ers thereof, the amount per front foot to be assessed against abutting prop- erty and its owners, and the total estimatel amount to be assessed against —50— each owner. Such statement shall be submitted to the Board of Com- missioners, and it shall be the duty of the Board of Commissioners, to examine the same and correct any errors which may appear therein, but no error, omission or mistake in said statement shall in any manner in- validate any assessment made or lien or claim of personal liability fixed thereunder. When such statement has been examined and approved by the Board of Commissioners, if said Board of Commissioners shall have determined to assess any part of the costs of said improvements against such property owners and their property, it shall so declare by resolu- tion directing notice thereof to be given to the owners aforesaid by publi- cation for five successive days in a daily newspaper of general circulation in the City of Dallas, and also by mailing to said owners a copy of said notice bj^ registered letter deposited in the pbstoffice in Dallas, Texas, directed to the address of said owner, if known, but if the address of any owner be not known, then to the agent or attorney of such owner, if known; provided, that the registered letters aforesaid shall be deposited in said postoffice not less than ten days prior to the date set for the hearing hereinafter provided for; and provided further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of the service of notice by publication above mentioned; and provided, that in all cases where personal service by registered letter shall not be obtained, said service by publication shall, nevertheless, be deemed valid and binding. The certificate of the City Secretary, or such other officer as may be designated by the Board of Commissioners, to the effect that the address of any such owner or owners, or of their agent or attorney, is unknown to him, and. that personal service cannot be had upon them shall be deemed conclusive. Any such owner may, in writing, waive the issuance of such notice and service thereof, and accept service. The notice aforesaid shall state the time of the hearing hereinafter pro- vided for, the general character of the improvements determined upon by the Board of Commissioners, the public highway, or part thereof, to be improved, and the proportionate part and amount per front foot of the total cost of the proposed improvement which is contemplated shall be assessed against the property and the owners thereof abutting upon such highway to be improved. On the day stated in the notice aforesaid, or any time thereafter before any special assessment is actually levied, any person, or firm or corporation interested in any property which may be claimed to be subject to assessment for the purpose of paying the cost of any improvement, in whole or part, shall be entitled to a full and fair hearing before said Board of Commissioners as to all matters afi'ecting said property, or the benefits thereto, of such improvements, ay any claim of liability, or objection to the making of such improvement, or any in- validity I r irr(\!inlarity in any of the proceedings with reference to making said improvement, or any other objections thereto. Such person, firm or corporation shall file their objections in writing, and thereafter the said Board of Commissioners shall hear and determine the same, and fvill opportunity shall be given to the persons, firms or corporations filing said objections to produce evidence, subpoena witnesses and to appear in person or by attorney, and a full and fair hearing thereof shall be given by the said Board of Commissioners, which hearing may be adjourned from time to time without further notice. And the Board of Commissioners, shall have full power to inqiiire into and determine all facts necessary to —57— the adjudication of such objections and the ascertainment of special benefits to such owners by means of such impruvements; and shall render such judgment and order in each case as may be just and proper. Any objection to the regularity of proceedings with reference to the making of such improvements as herein provided, or to the validity of any as- sessment or adjudication of personal liability against such property or the owners thereof, shall be deemed waived unless presented at the time and in the manner herein specified. The day set for such hearing shall be not less than ten days from the date of the first publication of said notice. (i) When the hearing above mentioned has been concluded, the Board of Commissioners shall, by ordinance, assess against the several owners of property and against their property abutting upon the public highway or highways, or part thereof, ordered to be improved, such proportionate part of the costs of such improvement as by said Board of Commissioners may have been adjudged against said respective owners and their property. Said ordinance shall fix a lien upon such property and declare the respec- tive owners thereof to be personally liable for the respective amounts to be assessed; and shall state the time and manner of payment of such assessments; and said Board of Commissioners may order that the said assessment shall be payable in installments, and prescribe the amount, time and manner of payment of such installments, which however, ex- cept as hereinafter provided, shall not exceed three, and the payment shall not be deferred beyond three years from the completion of such improvement, and its acceptance by the city. The said ordinance shall also prescribe the rate of interest to be charged upon deferred pay- ments; provided, the same shall not exceed seven per cent per annum; and may provide for the maturity of all deferred payments and their collection upon default in the payment of any installment or principal or interest. Each property owner, his heirs, assigns or successors, however, shall have the privilege of discharging the whole amount assessed against him, or any installment thereof, at any time before maturity, upon payment thereof, with accrued interest. Upon the payment by any property owner of his assessment in full, the city shall cause to be executed by its Mayor and duly acknowledged for record, a release of the lien of such assessment. The fact that more than one parcel of lot or land, the property of one owner or jointly owned by two cr more persons, firms or corporations,' have been assessed together in one assessment, shall not invalidate the same or the lien thereof, or any claim of personal liability thereunder. The cost of any such improvement assessed against any property or owner thereof, together with all costs and reasonable ex- pense in collecting the same, including reasonable attorney's fees when in- curred, shall constitute a personal claim against such property owner, and shall be secured by a lien on such property superior to all other liens, claims or titles, except city, county and State taxes, and such personal liability and lien may be enforced either by suit in any court of competent jurisdiction, or by sale in the same manner, as far as applicable, as sales are authorized to be made by the City of Dallas for the non-payment of taxes; provided, that it shall not be necessary to sell at the same time as for delinquent ad valorem taxes; and .the Board of Commissioners may, by resolution or ordinance, make such rules and regulitions, not incon- sistent with law. as may be deemed necessary to provide for the speedy —58— collection of such assessments for inn)i-(jvenients. Any error or oniission in describing property or designating the names of owners, or any other error or omission, may be corrected at any time by the Board of Com- missioners or at tlie suit of any interested party. In any suit brought under the provisions of this section, it shall be proper to join as de- fendants two or more property owners who are interested in any single improvement or any single contract for such improvement; the person or persons who own property at the date of any ordinanse providing for the assessment thereof, shall be severally and personally liible f( r their respective portions of the said assessment. (j) At any time within ten days after the hearing herein provided for has been concluded, any person or persons, corporation or c rporatians, having an interest in any, real estate which may be subject to asse^-sment under this act, or otherwise, having any financial interest in such im- provement or improvements, or in the manner in which the cost thereof is to be paid, who may desire to contest on any ground the validity of any proceeding that may have been had witli reference to the making of such improvements or the validity in whole or in part of any assessment or lien or personal liability fixed by said proceedings, may institute for that purpose in any court of competent jurisdiction. Any person or persons, corporation or corporations who shall fail to institute such suit ia said period of ten days, or who shall fail to diligently prosecute such suit in good faith to final judgment, shall be forever barred from making any such contest or contests, and this estoppel .shall bind their heirs, suc- cessors, administrators and assign.s. The City of Dallas and the person or persons to whom the contract has been awarded shall be made de- fendants in such suit, and any other proper ]>arties may be joined therein. There shall be attached to plaintiff^'s petition an afiidavit of the truth of the matters therein alleged, except such matters as are alleged en in- formation and belief, and that said suit is brought in good faith and not to injure or delay the city or the contractor or any owner of real estate abutting on the improvement. Unless the provisions of this section are complied with by plaintiff" or plaintiffs, such suit shall b^ dismissed on motion of any defendant, and in that event plaintiff' < r jduintiff's shall be barred and estopped to the same extent as if suit h id n"t been bn u'^ht. Tn any case where a suit is brought as above provided in this section, then the performance of the work may be suspended at the election of either the city or the contractors until such suit shall lie finally determined in the court of original jurisdiction or any appelate cmrt to which the same may be taken by appeal or writ of error; provided, that any appeal or writ of error shall be perfected within thirty days from the adjourn- ment of the term of court of original jurisdiction at which final judgment was rendered in such suit; and provided, that no appeal ir writ of error to review the judgment of said court may thereafter be ta';en or sued out by either party; and provided, that any such sriit shall be entitled to pre- cedence in the courts of this State^ both of original and appellate juris- diction, and shall be heard and determined as promptly as practicable, and to that end either party thereto may move for an early hearing. (k) When the Board of Commissioners shall have reason to believe that the owner or owners of any property may successfully claim the same as exempted from special assessment, said Brard of Commissioners may order that the improvement shall not he made in front of. or abutting —so- on, said property, unless tlic owner or owners shall lirst make satisfactory provision for, or satisfactorily secure, the payment of the amount of the costs wliieh would be assessed against said property except for said exemption. In any case where the cost, or part thereof, is to be paid by such property owners or assessed against their property, and the con- tractor to whom the work is let is required to look primarily or wholly to such property or owners thereof for the payment of the proportion of the cost of such improvement assessed against them^ and the city is re- lieved from the payment of such proportion of the cost, and such contractor shall not be obliged to make such improvements in front of any property which is exempt from the enforcement of a lien for such improvement, hut may omit the construction thereof in front of such property. (1) Subject to the provisions hereof, the Board of Commissioners may, when deemed just and proper, order improvements to be made on only one side of a public highway or highways, or section or portion thereof, and nuiy assess the cost, or a portion thereof, against the property and owners of property abutting on said side of said highway or highways, or section o'r portion thereof. (m) Whenever any error or mistake shall occur in any proceding pro- vided for by this act, it shall be the duty of the Board of Commissioners to correct the same, and whenever it shall have been finally determined in any suit that any assessment against any property or its owner, or lien against such property or claim of personal liability fixed or attempted to be fixed under the terms hereof, is^ for any reason, invalid, unlawful or unenforcible, then it shall be the duty of the Board of Commissioners to at once proceed to re-assess against such property and the owners thereof such proportion of the costs of making such improvement as may be proper, lawful and just, and to fix a lien against said property and declare the personal liability of the owner thereof, and said Board of Commissioners shall have power, and it shall be its duty, by ordinance or resolution, to adopt such rules and regulations and to make such orders as shall, in com- pliance with the law, provide for correcting said mistakes and making a valid re-assessment against said property and fixing a valid lien thereon, and a valid personal liability against the owner thereof; and said board shall hav^e power, and it shall be its duty to adopt such rules and regula- tion» for a hearing to the owners of said property before said re-assess- ment, which may be necessary or proper in order to legally bind such owners and their property by said re-assessment; and shall have power to adopt all other rules and regulations which may be requisite to a valid re-assessment of such property or fixing a personal liability against the owners thereof. (n) Subject to the terms hereof, the cost of any such improvement or improvements, after deducting the portion of such costs which may be as- sessed against any railroad or street railroad and the. portion of such costs which may have been finally assessed against property abutting upon the highAvay or highways, or section or portion thereof, ordered to be im- proved, and against the owners of such property, shall be borne and paid by the city. (o) In addition to the power hereby conferred upon the Board of Commissioners, by majority vote, to order the construction of any street improvement or improvements, as herein defined, and to assess the cost thereof, in whole or part, against the owners of abutting property; when- —60— ever the owners of two-thirds of the front feet of property abutting upon any highway or highways, or sections or part thereof, shall, in writing, petition for the improvement thereof; and shall, in said petition, agree to pay two-thirds of the cost of such improvements in front of their re- spective property, and of improving intersections of streets and alleys, exclusive of such cost as is payable under the terms hereof by railroads or street railroads, and shall generally designate the nature of the pro- posed improvements; the said board must order the construction of said improvements; provided, only that before a resolution ordering the said im- provement shall be passed by the Board of Commissioners, it shall be satis- fied, from the said petition or from such other evidence as may be submitted to it, that exclusive of the cost of the said improvement to be paid by rail- roads and street railroads, at least one-half of the whole cost of said proposed improvement can be secured by valid assessment against property abutting upon the public highway or highways, or section thereof to be improved, and the owners thereof, or will otherwise be satisfactorily secured. If said petition shall specify any particular kind of material or pavement desired by the petitioners, then the work shall be ordered constructed with that material or pavement only, and bids taken accordingly; provided, that in such cases the petition may stipulate the maximum cost per front foot, cubic or square yard, at which the work shall be let, and no contract shall be let at a greater cost than is thus stipulated. Where improvements are ordered to be made upon such petition as pro- vided in this sub-section, the method of procedure with reference thereto and with reference to assessing the cost thereof against abutting prop- erty and the owners thereof, shall,' subject to the special provisions of this sub-section o, be in accordance with the terms and provisions of this article. Where improvements are to be made upon such petition and as provided by this sub-section, the work shall not actually be be- gun until two-thirds of the cost of said improvement, exclusive of the part of the cost to be paid by railroads or street railroads, shall have been assessed against the property abutting upon the public highway or highways, or section thereof, to be improved, and against the owners of such property, in the manner hereinbefore provided in this section; provided, however, that no assessment shall be made, claim of personal liability fixed against any such property or the owners thereof, except after the hearing as hereinbefore provided, nor for a greater amount than the special benefit in enhanced value accruing to such property and its owners; and provided, that whenever, after such assessment, the board of commissioners shall be of the opinion that an assessment against any property and the lien thereby fixed can not be enforced on account of the exemption of such property, the board of commissioners may direct that such improvement shall not be made in front of such property, or may require the owner of such property to pay or secure the payment of the pro rata amount of said cost assessed against such property before such improvement shall be made in front of the same. Where improvements are made under the terms of this sub-section o, and the cost, or part thereof, is assessed against the abutting property or the owners thereof, the proportion of the cost assessed against them and their property shall be payable to the City of Dallas in ten annual in- stallments, the first of which shall become dvie one year from the com- pletion of said work, and its acceptance by the city; said installments —61— shall bear interest as hereinbefore provided, at seven per cent per annum, and sliall otherwise be subject to the provisions of this article as to similar assesments and the payment thereof. When improvements are made under the terms of this sub-section, the city ma}', out of the per- manent street improvement fund hereinafter defined, or out of any other fund which may be available, pay to the contractor the whole cost of such improvement, subject to the terms of the contract or contracts en- tered into therefor, except such proportion of the cost as may be assessed against railroads or street railroads as herein provided; but two- thirds of said cost paid by the city and assessed against said property and the owners thereof, or secured by them to the city, shall be repaid by such owners to the city in installments and with interest as herein set forth; provided, that any property owner may pay the whole amount assessed against him and his property in cash to the city at any time. Such payments shall become a part of, and sacredly preserved in, said street improvement fund, but any part of said fund may be used and in- vested and re-invested by the city for making other permanent street im- provements, provided, that sums so used or re-invested, shall be secured by assessment against property abutting upon such improvement and the owners thereof. (p) Where public improvements are ordered to be made otherwise than upon such petition and in the manner set forth in sub-section o, hereof, the cost, or part thereof, may be assessed against abutting prop- erty and its owners, as herein provided, and in such cases the board of commissioners may provide that for that part of the cost which may be assessed against such property and its owners, the contractor, to whom the work may be let, shall look only to such property owners and their .property, and that the city shall be relieved of liability for such por- tion of the cost. The board of commissioners may also authorize as- signable certificates against abutting property or property owners, or against persons, firms, or corporations using or occupying the public highways to be issued to the contractor or to the city and shall prescribe the form and terms of such certificate. The recital in such certificates that the proceedings with reference to making such improvements have been regularly had in compliance with the terms hereof, and that all prerequisites to the fixing of tlie lien and claim of personal liability evidenced by such certificate, have been performed, shall be prima facie evidence of the facts so recited, and no other proof thereof shall- be re- quired, but in all courts the said proceedings and prerequisites shall, without further proof, be presumed to have been had or performed. Such certificates shall be executed by the Mayor and attested by the City Secretary, or such other officer as may be designated by the board of commissioners, with the corporate seal. (q) The city shall have power to borrow money on its credit, and the Board of Commissioners, may, by ordinance, authorize the issuance by the city of its negotiable coupon bonds for the purpose of making permanent street imprvements as embraced in the terms of this article. Such bonds shall bear interest at the rate of not more than five per cent per annum, payable in semi-annual installments, and the principal thereof shall be payable in not less than forty years from their date. Such bonds shall otherwise be issued and executed in accordance with the terins of this charter with reference to the issuance of other bonds; provided. —62— that no silfch bonds shall be issued unless the question of suuh issue shall first be submitted to a vote of the qualified property taxpayers, and tlie same shall be approved at such election in accordance with the provisions of this act applicable thereto. The city may for the purpose of making jJeiT'iant-nt street improve- ments and providing for the interest and sinking fund of said bonds, levy an annual tax of tvk'enty-five (.25) cents on eacli one hundred (100) dollars of taxable property within the city, provided the same shall first be approved by a majority of the qualified property taxpayers voting thereon at an election wherein the question of such levy is submitted to a vote of such taxpayers. Of such tax, so much as may be necessary, shall after such election and without any further submission to a vote of such taxpayers, be annually levied for the purpose of paying interest on, and providing for the sinking fund of, such bonds; and so much as may be necessary of the proceeds of said tax shall be applied to these purposes. The remainder of the proceeds of such tax shall, together with the special assessments collected by the city upon abutting property or its owners for street improvements, become part of a special and sacred fund to be known as the Permaneat Street Improvement Fund; which fund shall be used or advanced only for the payment of the cost, or part thereof, of any permanent street improvement constructed under the terms of this section. The Board of Commissioners shall have au- thority to sell the said bonds and apply the proceeds of the said sale to the purpose of making such permanent street improvements, but the said bonds shall not be sold f9r less than par. Such bonds shall not be sold by the city until approved by the Attorney General of the State and registered by the Comptroller in accordance with the provisions of this charter. (r) "Wliereas, the City of Dallas has entered into contracts for the purpose of making sundry improvements, and may enter into other such contracts before this act shall take effect, under which contracts it is contemplated or may be provided that all or part of the cost of siich improvements shall be assessed against property abutting upon the streets or highways upon which said improvements arfe to be made, and the owners thereof, and further procedure is or may be necessary to carry into effect such contracts and fully effect said assessments, and to pro- vide for the collection thereof; therefore, njotwithstanding the repeal hereby of the existing charter of the City of Dallas, and its amend- ments, the said existing charter and amendments and the ordinances of said city shall remain in full force and effect for the purpose only of carrying into effect such contracts as have been or may be entered into under such existing charter and its amendments and the said or- dinances ; and tlie Board of Commissioners, created and authorized by this charter, are hereby authorized and directed, and it is hereby made their duty, to do and perform or cause to be done and performed all things which, by said existing charter and its amendments and the or- dinances of said city, the City Council of said city, and officers thereof, acting thereunder, are now authorized or permitted to do in order to carry into effect the terms of said contracts and to assess the cost of improvements against such property and its owners, and to provide for the collection of said assessments, and to provide for the issuance of assignable certificates therefor: and to do and perform any other act — 6;j - or thing which may be necessary under the said existing charter and the amendments thereto and ordinances of said city to give effect to said contracts and to provide for the enforcement thereof. (s) The passage by the Board of Commissioners of an ordinance finally assessing against any property, or the owner thereof, the cost, or part thereof, of any improvement, and fixing a lien upon such property, shall operate as notice of such assessment and lien as against all credi- tors of the owner of such property and all purchasers thereof, and the lien thereby fixed shall, without further record or proceeding, be effect- ive against such creditors or purchasers. ■ Sec. 2. The term "Sidewalk" as embraced in this urlicli' sliall also in- clude curbs. The City of Dallas, acting by its Board nf Cuuiiuissioners. is hereby empowered to construct, reconstruct, repair or cause to be con- structed, reconstructed or repaired sidewalks upon or along any street or avenue or public place, square or alley, or any part or section thereof, within the said city; and to assess the whole cost of the said sidewalks dr part of same against the property which shall abut or front thereon and the owners thereof, except the cost of excavation or grading, which shall be borne by the city. (a) The power to construct, reconstruct or repair said sidewalks, or cause the same to be constructed, reconstructed or repaired, as provided in this section, and tlie procedure and iiiethods herein provided, shall be exclusive of, and in addition to, such powers as are conferred and sucli procedure and nietliods as are set forth in section 1 of this article and sub-sections thereunder. (b) The Board of Commissioners shall have power, in their discre- tion by resolution passed by a majority vote, to order the construction, reconstruction or repair of sidewalks, as herein provided, along or upon any street or avenue, public place, alley, or square, or part or section thereof, within the city, or in front of any property abutting upon the same. Xo notice of the passage of said resolution shall be necessary. Such resolution shall, in general terms, describe the sidewalk ordered to be constructed, reconstructed or repaired, the materials of which it is to be constructed or repaired, and the street, avenue, alley, square or place, or part or section thereof, along which said sidewalk is to be con- sti-ucted, reconstructed or repaired. (c) Upon the passage of the said resolution, it shall be the duty of the City Engineer to forthwith prepare and present to the said Board of Commissioners specifications for the s.aid sidewalks or repairs for same, detailing the manner of construct inn, iccc instruction or repair thereof, and the material or materials of which the same is to be constructed, reconstructed or repaired. If satisfactory, the Board of Commissioners shall approve the said specifications and the same shall remain on file in the office of the City Engineer. (d) I'pon the approval of said specifications, the City P]ngineer shall at once prepare and file with said Board of Commissioners statement consisting of the name or names of the owner or owners of property abutting upon the street, avenue, alley, public place or square, or part or section thereof, where sidewalks are ordered to be constructed, re- constructed or repaired, and a brief description of the property of each owner, which may be by lot and block number, or any other de- scription which shall be siillicient to id'Oitify the same, together with an —64— estimate of the cost of the said sidewalk or the repair of same in front of the property of each owner, exclusive of the cost of grading and ex- cavation. Upon the filing of said statement, it shall be the duty of the C^ity Secretary, or such other officer, as may be designated by the Board of Commissioners, to publish in a jdaily newspaper of general circulation within the City of Dallas a notice to the owner or owners of property in front of which said sidewalk or sidewalks are to be constructed, re- constructed or repaired, which notice shall briefly recite the fact that sidewalks have been ordered to be constructed, reconstructed or repaired by the Board of Commissioners, and state the street, avenue, alley, place or square, or section or part thereof, along which the same are ordered to be constructed, reconstructed or repaired, and that plans and specifications for such work liavo been adopted by the Board of Com- missioners and are on file in the oftice of the City Engineer, and notify- ing the owners of property abutting upon such proposed sidewalk or sidewalks to construct, reconstruct or repair same in accordance with said resolution and specifications within thirty days from the publication of the said notice. The Board of Commissioners shall have power to adopt rules and reg- ulations for giving additional notice to the owner or owners of such prop- erty in such manner as may be by said Board of Commissioners pre- scribed, or for personal service of notice upon property owners, but any such notice shall be in addition to, and cumulative of, the advertisement above provided for, and service of notice by such advertisement sliall be deemed sufficient without further or additional notice. (e) The owner or owners of property abutting upon the street, avenue, public alley, place or square, or part or section thereof, along which sidewalks are ordered to be constructed, reconstructed or repaired, shall, within .thirty days from the publication of such notice, construct, re- construct or repair the said sidewalks in accordance with such specifi- cations, at his or their own cost and expense, except the cost of excavat- ing and grading, which shall be borne by the city. (f) The failure of any owner or owners of property in front of whose property sidewalks have been ordered to be constructed, reconstructed or repaired, under the terms hereof, to construct, reconstruct or repair the same as herein provided, within thirty days from the giving of the said notice, is hereby declared to be a public nuisance, and the city, acting by its Board of Commissioners, is hereby authorized, by ordinance, to declare the failure to so constrvict, reconstrvict or repair such side- walks an offense against the criminal ordinances of said city, and to , declare each day wherein the owner of such property shall neglect to so construct, reconstruct or repair said sidewalk after said thirty days a separate offense, and to impose a penalty for such ofi'ense by fine upon conviction in the corporation court not exceeding one hundred (100) dol- lars. (g) If the ow'ner or owners of any property in front of which side- walks are ordei'^ed to be constrvicted, reconstructed or repaired, under the terms hereof, shall not. within thirty days from the publication of said notice, have so constructed, reconstructed or repaired said side- walk, the Board of Commissioners shall have power, by resolution, and it shall be their duty, to order their construction, reconstruction or ■ repair by the city, and to cause the samp to be constructed, reconstructed —65— or repaired either direct by the city or to let the work of construction, reconstruction, or repairing the same by contract under such rules and regulations as may be adopted by tlic Board of Comniissioncis, and witli or without competitive bidding, at tlio discretion of tin- Unard of Com- missioners. (h) Whenever tlie (.-ily shall liave construetcd, reconstructed or re- paired, or caused to be constructed, reconstructed or repaired any side- walk, as herein provided, the Board of Commissioners shall have power to assess the whole cost thereof, except the cost of excavation and grad- ing which shall be. borne by the city, against the property abutting upon the street, avenue, alley, place or square, upon which said sidewalks shall have been constructed, reconstructed or repaired, and the owner or owners thereof; provided that no assessment sl\all be made against any property, or its owner or owners, or personal liability declared un- less the said property shall be specifically benefited by tlie construction, reconstruction or repair of the said sidewalk, nor for any sum in ex- cess of the special benefit in enhanced value which shall accrue to the said property and its owner from the construction, reconstruction or re- pair of the said sidewalk. When such sidewalk is ordered to be con- structed, reconstructed or repaired in front of the property of one owner, subject to the terms hereof, the cost of such sidewalk shall be assessed against such property, and the owner thereof. Where sidewalks are ordered to be constructed, reconstructed or repaired in front of the prop- erty of more than one owner, or in front of more than one lc)t along any street, avenue, public alley, sqiiare or place, or part or sectiosi thereof, the cost of construction, reconstruction or repair of the said sidewalk in front of the property of each owner shall be assessed against such owner and his property separately and a separate liability against such owner declared. (i) Jfo assessment for the cost of such side\valk shall be made against any property or its owner, until the Board of Commissioners shall have first so declared, by resolution, directing notice thereof to be given to the owner or owners of such property. Said notice shall be given by ad- vertising the same in a daily newspaper of general circulation in the City of Dallas for three consecutive days, and also by mailing to said owner or owners a copy of said notice by registered letter deposited in the post office of Dallas directed to the address of said owner, if known, but if the address of any owner be not known, then to the agent or attor- ney of such owner, if known; provided, that the letters aforesaid shall be deposited in the post office not less than five days prior to the date set for the hearing hereinafter mentioned; and provided, further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of the service of notice by publication above mentioned; and provided, that in all cases where personal service by letter shall not be obtained, the service by publication shall be deemed valid and binding. The notice aforesaid sliall state the time of the hear- ing hereinafter mentioned, the general character of the sidewalk or- dered to be constructed, reconstructed or repaired, the street, avenue, public alley, square or place, or part or section thereof, along which the same has been constructed, reconstructed or repaired, and that the cost of the said work is proposed to be assessed against the owner or owners of property abutting thereon, and the date set for the hearing. —66— Said hearing shall bo not less than one week from the date of the first publication of the said notice. On the date stated in the notice afore- said, or at any time thereafter, before any assessment is actually levied, any person or corporation interested in any property which may be claimed to be subject to assessment for the purpose of paying the cost said sidewalks, or any other objection thereto. Such objection shall be entitled to a full and fair hearing before the Board of Commissioners as to all matters affecting said property or the benefits thereto, of such construction, reconstruction or repair of such sidewalk, or as to any per- sonal liability therefor, or as to any irregularity or invalidity in the proceedings with reference to constructing, reconstructing or repairing said sidewalks, or any other objection thereto. Such objection shall be filed in writing specifying the nature thereof, and full opportunity shall be given to the person or corporation filing the same to produce evidence, subpoena witnesses, and to appear in person or by attorney, and a full and fair hearing thereof shall be given by the said board; which hearing may be adjourned from time to time without further notice. The Board of Commissioners shall have power to inquire into and determine all facts necessary to the adjudication of such objections and the ascertainment of special benefits to the owners by means of the construction, reconstruction or repair of such sidewalk, and shall render such judgment or order in each case as may be just and proper. Any objection to the regularity of proceedings with reference to the construction, reconstruction or repair of such sidewalk, or to the validity of any assessment, or the determination of personal liability against such property or its owners, shall be deemed waived unless presented at the time and in the manner herein specified. (j) When the hearing above mentioned has been concluded, the Board of Commissioners shall, by ordinance, assess against the owner or own- ers of prt)perty, or against their property abutting upon tlie *idew"alks so constructed, reconstructed or repaired, the cost of constructing, re- constructing or repairing such sidewalk in front of the property of each owner and adjudge and declare a personal liability against such owner or owners thereof, if it shall have been determined by the board upon such hearing that said owner or owners and their property have been benefited in the enhanced value of said property in an amount at least equal to such cost; but if, in any case, it shall have been deteraiined on such hearing that the property of any owner is not benefited in en- hanced value by such construction, reconstruction or repair of such side- walk, then no assessment shall be made against the property of such owner; or if, after such hearing, it shall be determined by said board that said propertj^ has been benefited in enhanced value in any amount less than the cost of the construction, reconstruction or repair thereof, then said Board of Commissioners shall assess against said owner and his property only such amount as shall equal the benefit received by such owner and his property. The ordinance making the said assessment shall fix a Hen upon the property of each owner or owners and declare the owner or owners thereof to be personally liable for the respective amounts which may be against them assessed; and shall state the time at which the said assessments shall be paid, which shall not be longer than thirty days from the date of making the same. Such assessment —67— shall bear interest from the date of nuiking the siinie until paid at the rate of eight per cent per annum. (k) The amount assessed under the terms hereof against any prop- erty, or owner thereof, shall be secured by a lien upon said property, and shall constitute a personal liability against the owner or owners thereof in favor of the City of Dallas, and the said liability and lien may be enforced either by suit in any court of competent jurisdiction, or by sale of such property of said owner or owners, in the manner provided by law and this charter for the sale of prop- erty for other taxes. Said assessment shall include all costs and expenses of collecting the same where such costs are incurred, including reasonable attorney's fees where such attorney's fees are incurred. In all cases where sale of any property shall be made for non-payment of such assessment or assessments in the manner provided for the sale of property for non-payment of other taxes, such sale shall be made by the Tax Collector of the City of Dallas, or svich other officer as may be designated by the Board of Commissioners, and the deed exe- cuted by said Tax Collector, or such other officer as may be designated by the Board of Commissioners, and the recital in the deed of such Tax Collector, or such other officer as may be designated by the Board of Commissioners, that all legal pre-requisites to said sale have been complied with, shall be prima facie evidence of the truth of the facts so recited, which facts shall, in all courts of law and equity, be pre- sumed to be true without further evidence thereof. The Board of Com- missioners may, at its discretion, provide that assignable certificates be issued for the amount of such assessment, and shall have power to prescribe the form and terms of said certificates. Said certificates may recite that all legal pre-requisites to said assessment and the fix- ing of a lien upon said property have been complied with, which recital shall be prima facie evidence of the truth of the facts so recited, and without further proof said facts shall be presumed. (1) Any person, firm or corporation having any interest in said prop- erty upon which said assessments shall have been made, shall have the right to contest the same or the validity thereof or the regularity of any proceeding with reference to the said assessment or the special benefit received by the owner of any such property by filing suit in any court having jurisdiction thereof, in which suit the City of Dallas shall be defendant and any other proper party may be. made defepdant; pro- vided, that such suit shall be brought within ten days from the date of the passage of the ordinance making such ■ assessment upon such property, and if not so brought then the owner or other person or cor- poration having an interest in .said property shall thereafter be barred and estopped to question the validity thereof; and this bar and estoppel shall apply to the heirs, assigns, successors and personal representatives of such person or corporation. ARTICLE XI. PtJBLIC UTILITIES. 1. No street, alley, or public highway in the City of Dallas shall ever be used by any person, firm or corporation for the construction or operation of a street railway, telegraph line, telephone system, electric light and power system, gas works, water works, sewer system, or any —68— other business of a public or quasi public nature, without obtaining author- ity therefor under a franchise granted by the Board of Commissioners, in accordance with the provisions of this act. It shall be the duty of the Board of Commissioners and the City .Attorney to bring suit to enforce this provision against any person, firm or corporation violating the terms thereof, for the purpose of ejecting the offender from the occv- pancy of such property, and to recover damages for the illegal use thereof. 2. The City of Dallas shall have the exclusive right to erect, own, maintain and operate water works for the use of said city and its in- habitants, and to regulate the same, but shall not ha\e the puwer or right to sell said water-works system. It shall liave power to pre- scribe rates for water furnished to said inhabitants, and to make such rules and regulations as the Board of Commissioners may deem expedient; to acquire by purchase or donation suitable grounds executed by such person. Second. That such person shall fully observe all of tlie laws of the State and city relating to the closing of said saloon en Sunday li>]ier of sn li newspaper, made before any oflicer autlioi'ized to adniini-ter oatlis and filed with the Secretary of the Board of Commissioners, or any otiier competent proof of such publication shall, in all courts, be conclusive evidence of the legal publication and promulgation of sucli ordinances; provided that amendments and corrections made in digesting and re- vision for publication in book form need not be so published. All or- dinances, except as above provided, shall be published at least once in some newspaper in the City of Dallas, and shall take effect as provided in Section 1 of Article VIII of this Charter. All ordinances of the city, when printed and published and bearing on tlie title page thereof. "Ordained and published by the Board of Commis-,iniiers of the City of Dallas," or words of like import, shall be prima facie evidence of their authenticity, and shall be admitted and received in all courts and places without further proof. 2. The style of all ordinances shall be "Be it Ordained by the Board of Commissioners of the City of Dallas," but such caption may be omitted when said ordinances are published in book form or are revised and digested under the order of the Board. 3. The Board of Commissioners shall have power to cause the ordin- ances of the city to be printed in code form, and shall have the same re- arranged and digested as often as to the Board may seem advisable. 4. In all judicial proceedings it shall be sufficient to plead any or- dinance by caption, or by the number of the sections thereof wanted, and it shall not be necessary to plead the entire ordinance or section. All printed ordinances or codes of ordinances published by authority of the Board of Commissioners, shall be admitted in evidence and shall have the same force and effect as would the original ordinances. 5. A,ll ordinances of a general nature shall be published at least once in some newspaper in the City of Dallas. 6. All ordinances, resolutions, rules and regulations now in force in the City of Dallas, and not in conflict herewith, shall remain in force under this act until altered, amended or repealed by the Board of Com- missioners, after this act shall take effect. 7. All ordinances of the City of Dallas which may be invalid or de- fective, but which if passed under the provisions of this act would be valid, are hereby validated as if passed under the provisions of this act. ARTICLE XIV. MISCELIiANEOUS PROVISIONS. 1. The City of Dallas, acting through the Board of Commissioners, shall have power to do by day labor under municipal direction, any work which may become advisable, or necessary to be done. 2. In all work done by or for the city, either by day work or by contract, eight hours shall constitute a day's M^ork; and no employe of the city on work for the city, or employe of any contractor or sub-con- tractor of such work, shall be required to work longer than eight hours in any one calendar day; provided that this section shall not apply to the fire or police department or to employes engaged in clerical work for the city; and provided, further, that this section shall not be construed to apply to any contract entered into hj the city prior to the passage of this act; provided, that in case of emergency, an employe may be required to work longer than eight hours, but when so required to work longer than eight hours, such employe shall be paid for such over- time at the rate of one and one-half times the rate such employe is paid for his labor during the eight hours. 3. All persons or corporations owning or holding personal property or real estate in the City of Dallas on the first day of January of each year shall be liable for all mvuiicipal taxes levied thereon for tlie fiscal year beginning the next following May. 4. The personal property of all persons owing any taxes to the City of Dallas is hereby made liable for all of said taxes, whether the same be due upon personal or real property, or upon both. 5. The Board of Commissioners shall have power to pro\ide for tak- ing an enumeration of the inhabitants of the city. And it shall be the dut}' of the Governor of the State whenever the Board of Commission- ers shall by resolution so request to appoint a commissioner who shall supervise such enumeration, wlidse compensation, together with all the — 7«— expenses of such enumeration, shall be paid in such manner as the Board of Commissioners may provide. 0. The Board of Commissioners shall not liave the power or authority to sell, lease, or in any manner dispose of the city hospital, except by the consent of the majority of the qualified voters of the City of Dallas voting at an election held for such purpose. 7. No property of any kind — church, school or otherwise — in the City of ]3allas shall be exempt from any of the special taxes and assessments authorized by this charter for local improvements. 8. The fiscal year of the City of Dallas shall begin and end at 12:0] o'clock, noon, on the first day of May in each year. 9. All bonds, contracts, or other instruments requiring the assent of the city, shall be signed by the Mayor, or the acting Mayor, and all legal process against the city shall be served upon the ]\Jayor, or acting Mayor. 10. In addition to the other modes of collection anywhere in this act provided, all taxes dvie the city, whether general or special, assessments for improvements or otherwise, may be collected by an action of debt, and liens on real estate may be foreclosed in any court having jurisdic- tion. The assessment rolls relating to such taxes shall be taken as prima facie evidence of the statements made therein, and the city shall have authority to become the purchaser at all sales of property for taxes due it, under judgment or otherwise. It shall be the duty of the Mayor to attend such sales to make such purchases if they be necessary, or to empower some other person to, do so on behalf of the city. 11. Before the City of Dallas shall be liable for damages of any kind the person injured, or some one in his behalf, shall give the Mayor or City Secretary notice in writing of such injury within thirty days after the same has been received, stating specifically in such notice when, where and how the injury occiu'red aud the extent thereof. The City of Dallas shall never be liable on account of any damage or injury to person or prop- erty arising from or occasioned by any defect in any public street, high- way or grounds or any public work of the city, unless the specific defect causing the damage or injury shall have been actually known to the Mayor or City Engineer by personal inspection for a period of at least twenty-four hours prior to the occurrence of the injury or damage, un- less the attention of the Mayor or City Engineer shall have been called thereto by notice thereof in writing at least twenty-four hours prior to the occiurence of the injury or damage and proper diligence has not been used to rectify the defect after actually known or called to the attention of the Mayor or City Engineer as aforesaid, 12. It shall not be necessary in any action, suit, or proceeding in which the City of Dallas is a party, for any bond, undertaking or security to be executed in behalf of said city, but all such action, suits, appeals, or proceedings, shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable as if such obligation had been duly given and executed. 1.'?. The property, real and personal, belonging to said city sjiall not be liable to be sold or appropriated under any writ of execu- tion or cost bill, nor shall the funds belonging to said city, in the hands of any person be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any —79— of its oliicers or agents bi.' leciuiied to answer to any writ of garnish- ment on any account wliatsoover, nor shall said city be liable to the as- signee of any \yages of any officer, agent or employe of said city, whether earned or unearned, upon any claim or account Avhatsoever, and as to the city any such assignmeiit shall be absolutely void. 14. \Mienever, in the opinion of the Board of Commissioners, any buildings, fence, shed, awning or structure of any kind or part thereof, is liable to fall down and injure persons or property, the Board of Com- missioners may order the owner or agent of same, or occupant of the premises, to take down and remove the same within such time as it may direct, and may punish by fine and imprisonment, or either, all persons failing so to do. The Board of Commissioners shall have the additional power to remove the same at the expense of the city on account of the owner of the property, and assess the expenses thereof, including con- demnation proceedings, as a special tax against the land, and the same may be collected as other special taxes provided for in this charter, or by suit in any court of competent jurisdiction. 15. The Board of Commissioners shall have full power to condemn all dangerous buildings or obstructions of any kind, and may provide regulations therefor by ordinance. Ki. All writs, subpoenas, or other process, issuing out of the city court, shall run in the name of the City of Dallas, and may be executed and served by the Chief of Police or his deputies, or policemen of said city anywhere in Dallas County, Texas. 17. In all cases where, by any of the provisions of this act, or by ordi- nances in pursuance thereof, a person is required to obtain a license for any calling, occupation, biisiness or vocation, and has, on complaint be- fore the corporation court, been adjudged guilty of violating any rule, regulation or ordinance of the city in relation thereto, said court, in ad- dition to the punishment to be imposed therefor, may suspend or revoke the license so granted. 18. The term "officer," as used in this charter, shall apply only to those officers who are elected by the people, or are appointed or confirmed by the Board of Commissioners for a fixed and definite period, and the same does not include policemen, except the Chief of Police, and does not include other agents or employes of said city. All city oflRcers and employes shall enter into such bond for the faithful performance of their duties as the Board of Commissioners may require, by ordinance or reso- lution, and shall" perform sucli ollu-r and further duties as the Board of Commissioners may from tinie to time prescribe. 10. All qualified electors of the State who shall have resided for six months immediately preceding the election within the limits of said city shall have the right to vote for Mayor and all other elective officers of said city, but in all elections to determine the expenditure of money, or assumption of debt or levy special taxes, only those shall be qualified to vote Avho pay taxes on property in said city, such qualification to be ascertained by an inspection of the assessment rolls. 20. The Board of Commissioners shall have the right to remit, in whole or in part, any fine or penalty belonging to the city, which may be im- posed under any ordinance, or resolution passed in pursuance of this act. 21. Ko lien of any kind can ever exist against the public school build- --80— ings, public halls, parks, or public works of the City of Dallas. All sub- contractors, materialmen, mechanics and laborers upon any public works of the City of Dallas are hereby required to notify the city of all claims they may have on account of such work against the city, and when such notice has been given, the city shall retain an amount from any funds due the contractors, sufficient to satisfy all claims; provided, that such notice may be given at any time after such indebtedness becomes due and before final settlement; and provided further, that no contractor or sub-contractor shall issue any time checks on or on account of any pub- lic works of said city. 22. The Board of Commissioners shall require good and sufficient bonds of all contractors, with at least two good and sufficient sureties, who shall be residents of the State of Texas. Xo non-residents of the State shall ever be received as surety on any bond payable to the City of Dallas, except such guarantee companies as may be satisfactory to the Board of Commissioners, and in all cases at least one of the sureties must be a resident of Dallas County, Texas. When bondsmen are not residents of Dallas County such proof of their solvency may be required as the Board of Commissioners may deem necessary. 23. All appropriations made or set apart for the payment of any in- terest or sinking fund, or both, shall, under no circumstances, ever be diverted to any other purpose. 24. All questions arising in administering said city government, and no? provided for in this act, shall be governed by the State law in such cases made and provided. 25. No office provided for in this act, not now already existing, sliall be held to be created until the same is established by an ordinance of the. Board of Commissioners. 26. This act shall be deemed a public act, and judicial notice shall be taken thereof in all courts and places, without tlie same having been pleaded or read in evidence. 27. The Board of Commissioners shall have the power to prohibit the working of State convicts within the corporate limits of the city. ' 28. The Board of Commissioners shall have power to prohibit minors from going and being on the public streets and in public places in the City of Dallas between the hours of 9 o'clock p. m. and 4 o'clock a. ni., at night, without the consent of their parents or guardians. 29. The provisions of this act, in so far as they may conflict with any State law, shall be held to supersede the said law to that extent, and it shall not be held invalid on account of such conflict. 30. All elections shall be held according to the provisions of the law of the State of Texas applicable thereto; the presiding judges thereof shall be qualified voters in the city. The Board of Commissioners shall provide for their compensation and regulate and define their duties and powers, and they shall have siich judges and clerks as are in such cases provided for by the laws of the State of Texas, which judges and clerks shall be selected by the presiding judge. In case the person so appointed the presiding judge is unable, fails or refuses to act as such, or the Board of Commissioners shall fail to appoint, or in case no presiding of- ficer appears to open the polls, the attending qualified voters shall ap- point such officer, who shall have the same powers, and perform all the duties of the presiding judge. But in such cases, such judges shall in —81— llieii- returns ceitify tluil the presiding ollieer acting as such, was duly clcc-tcd by the electors present. '.i\. The manner of conducting, and voting at, such elections under this act, keeping the poll lists, canvassing the votes and certifying the returns, >liall be such as is provided by the laws of the State ofv Texas for similar flections, and as may be pro.vided by the Board of Commissioners by ordi- nance. ;>2. The managers of elections shall be sworn to well and truly conduct Ihe elections, without partiality or prejudice, and agreeable to law, accord- ing to the best of their skill and ability, which oath shall be administered to the judges and clerks by the presiding officer. The presiding officer shall be sworn to discliarge the duties of presiding officer of elections to the best of his skill and ability, which oath shall be administered by the Mayor, City Secretary or any justice of the peace. 32. ^\^lenever it shall happen in any election that there is a tie be- tween one or more candidates for the same office, the Board of Commis- sioners shall declare such election void as between such candidates, and I rder a new election for siich office, giving at least ten days' notice thereof. Every person elected or appointed to any office in the City of Dallas sliall. before he enters upon his duties, take the official oath prescribed by the State Constitution, and such additional oath as the Board of Com- missioners may prescribe to secure a faithful performance of duty. Any officer ceasing to possess any of the qualifications required of him at the time of his election, shall thereby vacate his office, and the same shall be filled as herein provided. 34. All rules and regulations and ordinances concerning the police and fire departments of the City of Dallas in force when this act goes into effect, and which are not in conflict with this act, shall be and remain in force until altered, amended or repealed by the Board of Commis- sioners; and all such rules and regulations and ordinances as may be in conflict with this act are hereby repealed. Xo person shall be eligible to appointment, or to be appointed, or serve as a policeman, officer of police, or fireman of the City of Dallas who shall have been convicted of any offense, the punishment for which may be confinement in the State penitentiary; nor shall any person be appointed who is not shown to be of good character, or who can not read and write the English language, or who does not possess ordinary physical strength and courage. All policement and firemen of the City of Dallas shall hold their posi- tions during good behavior, and shall not be removed from same except for such cause as in the opinion of the Board of Commissioners renders them unfit to remain in the service of the city, and after written notice giving the grounds for such discharge or removal and an opportunity to be heard on such charges, or reasons. The Board of Commissioners shall have the authority to make pro- vision for the care and sustenance of policemen and firemen who have been disabled while in the active discharge of their duties in the service of the city, or who after long and continuous service have become, by rea- son of old age and infirmities, incapacitated to discharge their duties. After January 1, 1910, all policement and firemen who shall have served continuously for ten consecutive years and who have not been found —82— guilty of any charges for violation of any of the rules of said department, shall each receive as salary the sum of $2.50 per month in addition to their regular salaries; for fifteen years of such service, $5 per month in addition to their regular salaries; for twenty years of such service, $7.50 per month in addition to their regular salaries; for twenty-five years of such service, $10 per month in addition to their regular salaries. 35. The offices of Mayor, Aldermen, Police Commissioner and Fire Com- missioner, as said offices are at present created and constituted by the city charter of the City of Dallas, Texas, are hereby abolished and va- cated; and such offices and the salaries thereof shall wholly cease and expire at the time when the Mayor and Board of Commissioners, as con- stituted in this act, shall be elected and qualified. All other officers, in- cluding the Chief of Police and the Chief of the Fire Department of the City of Dallas, shall have the right to serve until the end of the terms for which they were respectively appointed or elected. Such officers shall, however (except the members of the "Board of Education), be under the direct control, supervision and management of the Board of Commission- ers, as herein created, and each of said officers shall be subject to removal by said Board for incompetency, insubordination or any other good cause, if complaints or charges shall be preferred against him and upon trial thereof he shall be found guilty by said Board of Commis- sioners. The salaries of said officers so retained shall not be increased or diminished during their terms of office. 36. It shall be the duty of the JNIayor as soon as this act shall take effect to order an election on the sixth Tuesday after this act takes effect, at which election a IMayor and four Commissioners shall be elected at large in the City of Dallas, and the proposed bond issues and special tax described in Section 3, Article XI, shall be submitted to the qualified property taxpayers of said city. If for any reason the Mayor shall fail to make such call for said election within forty days after this act be- comes a law then it shall be the duty of the county judge of Dallas County to issue said call for said election and to give twenty days' notice thereof. Said election shall be held according to the laws of the State of Texas applicable thereto, except where the same may be in conflict with the provisions of this act. The presiding officers thereof shall be qualified voters of the City of Dallas and shall receive such compensation and perform such duties as may be provided by law and ordinances of the City of Dallas. In case such presiding officer so appointed fails or refuses to act, or in case no presiding officer appears to open the polls, the attending qualified voters shall appoint such officer, who shall have the same powers and perform all the duties of presiding judge. But in such cases such judges shall, in their return, certify that the presiding judge acting as such, was duly elected by the electors pi-esent, naming at least three such qualified electors present and voting. The Mayor and four Commissioners elected at said election, as provided herein, shall hold their respective offices, perform their duties and receive their pay until the first Tuesday in April A. D. 1909, and until their successors are elected and qualified. There shall be held on the first Tuesday in April, A. D. 1000, and every two years thereafter, unless otherwise provided by law, a regular election for a Mayor and four Commissioners, who shall perform their duties and discharge the obliga- —83-- tions conferred upon them by this act, and wlio shall retain their ofHces for two years and until their successors are elected and qualified. 37. All taxes heretofore levied and assessed bj"^ the City of Oak Cliff and not collected when this act goes into effect shall be collected by the City of Dallas as other taxes are collected. 38. The public schools of Oak Cliff, as they now exist, shall be maintained and kept at the present high standard, including all the grades as they are now maintained under the control and management of the Board of Education of the City of Dallas and the provisions of the charter of the City of Dallas applicable thereto. o!). There shall always be maintained within the said territory of Oak Clilf heretofore annexed to the said City of Dallas, an adequate fire sta- tion properly and adequately equipped with sufficient force to operate the same without discrimination. Said territory of Oak Cliff heietofore annexed to the City of Dallas, is hereby declared to be a residence district and the city government of Dallas shall never have authority to permit any intoxicating liquors to be sold, bartered or exchanged within said limits. The present statute of local option as it now exists in said territory of Oak Clifi" shall not be repealed or changed by any act of the city government of Dallas, and should any election be held on said question it shall be held solely in the entire justice precinct in which the City of Oak Cliff was and is situated- prior to the adoption of this act, to-wit: precinct No. T, Dallas County, Texas, as it is now constituted. The Board of Commissioners of the City of Dallas shall expend for street improvements within the limits of the territory of Oak Cliff here- tofore annexed to the City of Dallas, annually, not less than two thous- and ($2000) dollars for a period of five years from and after the 3rd day of July, 1903. All lawful franchises and contracts made and granted by the City of Oak Cliff shall continue A^alid and unaffected by the embracing or in- eluding within the limits of Dallas the said territory; provided, that , all moneys heretofore required by any of said contract to be paid to the City of Oak Cliff shall after the passage of this act be paid to tlie City Dallas. 40. It shall be unlawful for any person to incumber or obstruct any street, highway or grounds of the City of Dallas with any posts, boxes, lumber, fences or with anything else. Any person violating the provisions of this section shall be subject to a fine in any sum in the corporation court, not exceeding two hundred dollars, and each and every day that any obstruction shall exist shall constitute a separate and dis- tinct ofl'ense. 41. Xo officer or employe of the City of Dallas shall ever accept, di- rectly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise, privilege or easement from said city, during the tei-m of office of such officer, or dur- ing such employment of such employe, except as may be authorized by law or ordinance. Any officer or employe of the city who shall violate the provisions of this section shall be adjudged guilty of a misdemeanor and shall be imprisoned in the county jail not less than three months nor more than twelve months, or shall be fined not less than five hun- dred dollarrs nor more than one thousand dollars, or may be puni-shed with —84— both such fine and imprisonment, and shall be subject to removal fi'om office. 42. No contract shall be entered into by the Board of Commissioners until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts shall be made upon specifications, and no contract ■ shall be binding upon the city unless it has been signed by the Mayor and countersigned by the Auditor and the expense thereof charged to the proper appropriation; and whenever the contract charged to any appropriation equals the amount of said appropriation, no fur- ther contracts shall be countersigned by the Auditor. All contracts, of whatever character, pertaining to public improvements, or the maintenance of public property of said city, involving an outlay of as much as five hundred ($500) dollars shall be based upon specifica- tions to be prepared and submitted to and approved by the Board of Com- missioners; and after approval by the Board of Commissioners, advertise- ment for the proposed Avork, or matters embraced in said proposed con- tract, shall be made, inviting competitive bids for the work proposed to be done, which said advertisement shall be published in a daily newspaper not less than five times. All bids submitted shall be sealed, shall be opened by the Mayor in the presence of a majority of the Board of Commis- sioners, and shall remain on file in the office of City Secretary and be open to the public inspection for at least forty-eight hours before any award of said work is made to any competitive bidder. The Board of Commissioners shall determine the most advantageous bid for the city, and shall enter into contract with the party submitting the lowest secure bid; and if, in the opinion of the Board of Commission- ers, none of said bids are satisfactory, then the Board of Commissioners may have the said work done by day labor, and a detailed statement of all such work done by day labor, showing the cost of same, shall be filed with the Board of Commissioners. Pending the advertisement of the work or contract proposed., specifications therefor shall be on file in the office of the City Secretary, subject to the inspection of all parties de- siring to bid. 43. In addition to all powers elsewhere granted in this act, the City of Dallas shall have power to prohibit the erection, construction and mainte- nance of oil houses, where oil is stored, or oil yards in any portion of the city, and to prohibit the erection of such oil houses or oil yards where oil is stored within certain distances of the main lines of any railroad, and to prohibit the erection and location of oil houses and the storing of same in any part of the residence district of the city, and to au- thorize the inspection of all such oil houses and oil j^ards; and to require the building or construction of all oil houses out of fire proof material. To require the construction of suitable fire-escapes on or in hotels, lodging liouses or other buildings, whether now built or hereafter to be built; to regulate the construction of all passenger or freight elevators used in buildings and to provide for their inspection, and to pass all suitable laws necessary for the safety and protection of life or property in the use of such elevators; to regulate and prohibit the construction of livery stables or blacksmith shops in the resident portion of the City of Dallas; to pro- hibit the erection or construction of any building or structure of any kind within the City of Dallas without a permit first having been issued by the city for the construction or erection of such building or structure. —85— and to authorize a fee to be charged for sucli peniiit; to authorize the inspection hy tlie city of all buildings or structures during the progress of their construction; to require that all buildings sliall be constructed in conformity to the building regulations which may exist in said city, or which shall hereafter be jmssed; to license, tax and regulate dray- men, haekmen, omnibus drivers, baggage wagon drivers, and drivers of vehicles of every kind, and all others pursuing lik? occupations, with or without vehicles, and prescribe their compensation, and to make it a misdemeanor for any person to attempt to defraud them of any legal charge for services rendered; to regulate stands for vehicles and regulate license and restrain runners for railroads, vehicles of any kind, hotels, public houses of any kind, or other business of any kind; to prohibit or regulate hacks, move wagons, baggage wagons or drivers of any thereof from making public stands in the streets of the city, and the Board of Commissioners may, if in their judgment they ilcciu hcsi. i)rescribe certaui bounds, within which no hack, move wagon or oilier vehicle or wagon let for hire shall occupy any portion of the public streets therein for the purpose of a public stand or a pri\ate stand. 44. The Board of Commissioners sh'^ill have power to summon and compel the atendance of Avitnesses, and the production of books and papers before them whenever it may be necessary for the more effective discharge of their duties, and shall have the power to punish for contempt before them with the same fines and penalties as the County Judge may punish for contempt before the county court. All process shall be signed by the Mayor and attested by the City Secretary, and shall be served by the Chief of Police or any ])()liee officer of the said city. 4o. In the event any part, article, section or sujjdivision of this act 'shall be held to be unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of tlie act, but the same shall continue in full force and effect notwith- standing such holding. 4(5. The Act entitled "An Act to incorporate the City of Dallas and grant it a charter," contained in the special laws of the Twenty-ninth Legis- lature, and all other acts relative to the uicorporation of the City of Dallas, so far as the same may conflict with this act, shall be and the same are hereby repealed, but nil pro])erty actions, rights of action, claims and demands of every nature and kind whatever vested in the city or existing or asserted against the city, under and by virtue of said laws hereby repealed, shall vest in and remain and inure to the said corporation and to the persons asserting such claims against it, under this act as fully and completely in all respects as if the said laws had not been repealed. 47. Whenever any power, authoiity or right is conferred herein upon the City of Dallas, or upon the Board of Commissioners, and provisions are incorporated herein for the exercise thereof in different ways, each of such jjrovisions shall be held and construed to be cumulative of the other re- ferring to the same subject, and in such cases, the Board of Commissioners shall be empowered to use its own discretion with respect to which of such powers it shall exercise. 48. All elections for the approval or rejection of bond issues, the grant- ing of franchises and the levying of special taxes, wherein such matters shall be submitted to a vote of the taxpayers of the city, shall be held at a general election in said City of Dallas, and the elections held to elect members of the Board of Commissioners and the Board of Education shall be the only elections in said city which shall be denominated general elections. 49. The City of Dallas shall have the same right of appeal as is allowed the defendant from the judgment of the Corporation Court in all criminal cases involving the constitutionality or validity of any statute of the State of Texas or any ordinance of the City of Dallas. 50. There shall be printed upon the official ballot to be used at the first election to be held under this act, above the names of the candidates upon said ballot the following words: 'Tor the recall." "Against the recall." Every qualified voter voting at said election shall be entitled to vote upon said subject. In the event of a majority of the voters who Shall vote thereon shall vote in favor of the recall, the provisions of article !) of this act relating to said subject, including all of the provisions of said article, shall become operative and shall have full force and eflfect as all other provisions of this act. If, however, a majority of the voters voting upon said subject shall vote against such recall provisions, the same including all the provisions of said article 9, shall not take effect and shall not have the force of law; provided, however, that if it shall be held that this subdivision of this act is unconstitutional or invalid for any reason, such holding or decision shall not in any way effect or impair any other article, section, subdivision or provision of this act. And provided further, , that in the event this subdivision of this act shall be held unconstitutional or invalid for any neason. such holding shall only affect this subdivision and shall not be construed to invalidate the provisions of article 9 of this act relating to such subject. .51. The fact that the people of Dallas have voted to request the Legis- lature to pass a bill creating a new charter for said city under which it will have a commission form of government, the near approach of the end of the session, and the crowded conditi n cf the calendar, creates an emergency and an imperative public necessity requiring that the Con- stitutional rule requiring bills to be read akers, regulation 9 Bawdy houses, regulation 9 Beggars, prohibiting '. . 10 Birtlis, registration 14 Board of Commissidiicrs, l)onds 30 Boai'd of Connnissiiincrs. compensation of 29 Board of Commissioners, how and when elected 27 Board of Commissioners, mayor to be president 27 Board of Commissioners, powers of 27 Board of Commissioners, qualification of members 2S Board of Commissioners vacancies, how filled 29 Bonds 8 Bonds of corporations ^5 Bond elections '. 85 Bonds, how signed 8 Bonds, required of contractors 80 Board of Commissioners, meetings of 31 Board of Commissioners, quorum 31 Borrowing money 7 Boundaries, City 1 Breaches of the peace 10 Budget, how made 32 Butchers, licenses and control 15 Carcasses of dead animals 15 Cattle, impounding, etc '. 9 Census 77 Cemeteries, public and private 13 Charter, a public act 80 Charter supersedes State law 80 City a body politic 5 City hospital 78 City Attorney 35 City Treasurer, duties of 38 City Treasurer, how selected 38 Cleaning premises 15 -89— ( Icrk of eorpoiatioa couit •!'» Collecting taxes, action for debt 7.S Collection of taxes, to provide for ''>'-i Construction of railway tracks '2.S Contracts and payments therefor H4 Corporate name I Corporation court ^'» ( 'orporation service, ('(piality 20 ( 'orporations, annual statements 26 Curfew law 80 Dairies, license and control 13 Damages 78 Dangerous struct lues 71) Day labor on city wmk .' 77 Day's work, hours to constitute _. 77 Death, registration 14 Debt, power to fund and refund •^'•i Disease. pie\enting 14 Disposition of funds 6 Dogs, regulation 10 Drains and sinks 14 Dram shops, regulation Driving cattle, regulation 10 Duties of mayor — bonds 8 Election contests 34 Election, first SO Election, first under this charter 82 Elections, how held 1:18 Elections under State law 80 Electors, who constitute 79 Employes, city, how named ."{1 Exemptions from taxes 78 Fighting, cock, boxing, dog iO Finance and Revenue Commissioner 30 Finances controlled by Commissioners o3 Fines, commutation, etc 12 Fire-arms 11 Fire escapes 13 Fires, protection against 12 Fire regvilations SI Fireworks . 13 Fiscal year, begins wdien 78 Franchises and privileges, forfeiture 12 Franchises, compensation ^0' Franchises, express grant 17 Franchises, how granted IS Franchises, list to be made 21 Franchises, not exclusive 18 Franchises, right of city to purchase 20 Franchises, right to confer 17 Franchises, term granted IS < Gambling houses, suppression 9 —90— I'AGE Gifts to olHcers pioliibited 83 Health, disposition of dcjul ; 13 Horse cais 'Zo Initiative and referonduni . . . '. 49 Inspection of buildings ., 12 Inspection of premises 1 .5 Inspection of sale and slaughter ! 5 Interurban railways defined 21 Irregularity of tax rolls, shall not invalidate -1.1 Judge of corporation court 3;i Kindergarten schools J 1 Laying pipes 17 Licenses 1 i) Licenses, revoking 7!) Liens against public buihliugs prohibited SO Lien for taxes 4.") Liquor, prohibiting sales and gifts 11 Lottery drawings, suppression !> Lumber, storage 1:! Manufactories, to regulate 13 Markets 17 ]\Iayor a Commissioner 29 Mayor, recommendations of 32 Mayor to submit estimates of city expenses ''-2 Municipal service 1(3 Night soil . 13 Noises, prohibiting JO Nuisances, defining and abating . . . . : 11 Oak Cliff fire station 83 Oak Cliff', franchises valid 83 Oak Cliff public schools 83 Oak Cliff', saloons prohibited S3 Oak Cliff, street improyenients 83 Oak Cliff taxes S3 Obtructing streets . • .'.... 83 Occupation taxes G Offices created SO, Officer, defined 70 Officers and their duties 3o Officers to take oath 81 Official bonds of Commissioners and IMayor 30 Officials prohibited from employment l)y beneficiaries of franchises . . .5'> Officials prohibited from interest in contracts 34 Oil houses, regulation of 84 Ordinances . 7U Ordinances. Commissioners to make 30 Ordinances, how proposed 49 Ordinances, Mayor to sign 30 Ordinances, power to enact and enforce 5 Ordinances, printing of 77 Owners to render property 45 Park Board, how constituted 41 —91— PAGE Park Board, its duties. 41 Park funds 41 Park funds ■ 42 Park guards 42 Passenger service -4 Penalties, diverting funds S Penalties, how fixed 12 Penalties, immoral houses 10 Penalties remitted 79 Penalties, street railways 24 Penalties, vagrants, beggars, prostitutes "0 Platting of property 5 Poles, erection, location, etc 12 Police and Fire Commissioner 2!) Police powers '. 9 Police qualifications 81 Police regulations 81 Political primaries 28 Pool sellers, suppression 9 Powers of City, general ^'> Prisons, etc., establishment, etc 12 Process in name of city 79 Property liable for taxes, when 77 Prostitutes, segregating . 74 Public grounds IH Public grounds, establisliing and regulation 9 Public library 17 Public schools, how managed 39 Public schools, president and vice-president 40 Public Utilities 07 Public utilities • 10 Public utilities, changing location of poles, etc 72 Public utilities, condemnation of property for 09 Public utilities, regulating price of service 2o Puldic vehicles 9 Purchase of school property 41 Railway switches 23 Railway trains, regulation 9 Railway transfers 24 Recall of elective officers 51 Redemption of property 47 Referendum 49 Regulating speed and tracklaying 25 Revenue Salaries, of city employes ?/l Salaries of officers 35 Sales of real estate for taxes 47 Saloon closing : 74 . Saloon licenses 74 Saloon licenses, forfeiture 70 Saloon limits and restrictions 73 Sanitary closets, public 17 —92— TAGK Seizure for personal taxes ". 4G Service by and upon city, liow made 78 Sewer system Streets, non-user 10 Streets, racing and driving 10 Taverns and grogsliops ^ 9 Tax deeds 47 Taxes due, when 46 Tax . levy, when and how made 33 Tax suits at law 48 Tax title 47 Taxes, how collected 43 Taxes, where payable 4G Teams, hitching ; 10 Theaters, halls, dance houses, amusements 9 Theaters, ro'gulating doors, etc 13 Transfers on railways 24 Transportation, rates, etft 9 Tresjjasses 10 Trinity river, control of 14 Trinity river, discharging refuse water in 14 Use of street car tracks 21 Use of street railway tracks, compensation 22 Unwholesome business 15 Vacancies, how filled 34 Vacating old offices 82 Validating ordinances 77 Validating tax levies 48 Veto, effect of 31 Water, purity of Trinity river 14 Waterworks 16 Waterworks and Sewerage Commissioner 30 Waterworks, bonds for 68 Waterworks, exclusive rights 68 Walks, parapet, to regulate construction 12 Weights and measures 9 Wharfage 17 AVitnesses, power to summon 85 Workhouses 11 CHARTER OF THE CITY OF DALLAS 1 907 (Including Amendments of 1909) Pabk L. Payn, Printing. Stationkby and Advbbtising, Dallas CHARTER OF THE CITY OF DALLAS 1907 (Including Amendments of 1909) S. B. No. :^.it;. An Act to grant a new charter to the City of Dallas, Dallas Coun- ty, Texas repealing all laws or parts of laws in conflict here- with, and declaring an emergency. Be it enacted by the l.egislature of the State of Texas: ARTICLE I. Incorporation and Territory. Section 1. Corporate Name. All inhabitants of the City of Dallas, Dallas County, Texas, as the boundaries and limits of said city are herein established or may be hereafter established, shall be a body politic, incorporated under, and to be known by, the name and style of the "City of Dallas," with such yjowers, rights and duties as herein provided. Sec. 2. Boundaries. The bound and limits of the City of Dallas are hereby established and described as follows: Begin- ning at the south corner of the A. C. McDaniel survey in Dallas County, Texas, at low water mark of the Trinity River, on the east bank thereof; thence northeast with the southeast line of said McDaniel survey to the west line of Edgar Street; thence northwest with the S. W. 'line of Edgar Street, 25 feet, corner thereon at a point which would be the intersection of the north- west line of Romine Avenue if extended across Edgar Street; thence northeast with said northwest line of Romine Avenue to a point thereon 132% feet southwest from the southwest line of Colonial Avenue: thence southeast parallel to said line of Co- lonial Avenue to corner on the northwest line of Hickman Ave- nue; thence southwest with said line of Hickman Avenue 79% feet to corner thereon; thence southeast 180 feet; thence north- east parallel to said line of Romine Avenue 242 feet to a point which would be the center of said Colonial Avenue if extended southeast from Hickman Avenue; thence northwest with said center line of said Colonial Avenue if extended 140 feet to the said southeast line of said Hickman Avenue; thence northeast with said line of Hickman Avenue 30 feet to corner thereon, at a point where the northeast line of Colonial Avenue would in- 'ersect if extended across Hickman Avenue; thence northwest 2 Boundaries Art. I, Sec. 2. with said line of Colonial Avenue, extended and with said line of Colonial Avenue to corner on the said southeast line of said McDaniel survey; thence northeast with said line of said Mc- Daniel survey to corner on the northeast line of the right of way of the Houston & Texas Central Railroad; thence north 36 west with said line of said right of way to the northwest line of Len- way (Holman) Avenue; thence northeast with said line of Len- way (Holman) Avenue to the southwest line of South Camp Street; thence northwest with said line of South Camp Street to the southwest line of Warren Avenue; thence northeast with said line of Warren Avenue to the northwest line of the Winches- ter Place addition, the east end of said Warren Avenue, and continue on same course to the northeast line of Trunk Avenue, the same being the southwest line of block 1387; thence south- east with said line of Trunk Avenue to the southeast line of Dallas Avenue; thence northeast with said line of Dallas Avenue to the southwest line of Second Street; thence northwest with said line of Second Street to the northwest line of .Julius Street; thence northeast with said line of Julius Street to the northeast line of First Street, the same being on the southwest line of block Xo. 1436; thence southeast with said line of First Street to the south corner of said block No. 1436; thence northeast with the southeast line of said block No. 1436 and a continuation thereof to the east corner of block No. 1436 on the southwest line of block No. 1435; thence southeast with said line of said block No. 1435, about 90 feet to the south corner of same; thence northeast with the southeast line of said block No. 1435, and a continuation thereof to the north line of the Texas & Pacific Railroad right of way; thence eastwardly along said right of way about 863 feet to the northwest line of Du Pree Street to the southeast corner of block No. 1448; thence northwestwardly along said line of Du Pree Street and along the east line of block 1448, and the east line of block No. 1447 and a continua- tion thereof to the north line of Forney Avenue (and known as the Kaufman Road) the same being the south line of Rowan's Addition; thence eastwardly along said line of said Avenue to ttbe southeast corner of said Rowan's addition; thence northwest along the northeast line of said Rowan's addition, and a con- tinuation thereof to the northwest line of Orphan Avenue, the same being on the southeast line of R. D. Caldwell's Addition; thence northeast along said line of Orphan Avenue and said line of said Caldwell's Addition, to the east corner thereof, on the southwest line of Henderson Avenue; thence northwest along said line of Henderson Avenue and along the northeast line of said Caldwell's Addition and a continuation thereof to the corner of the northwest line of the right of way of the Gulf, Colorado Art. I, Sec. 2. Boundaries ?> & Santa. Fe Railroad; thence northeast along said line of said right of way to the southwest line of Beacon Street; thence northwest with said line of Beacon Street to the southeast line of Columbia Avenue; thence northeast with line of Columbia Avenue to a corner thereon 118 feet northeast of the northeast line of Fulton Street; thence northwest parallel to Henderson Avenue to corner on the northwest line of Reiger Avenue as platted in Junius Heights Addition; thence southwesterly with, said line of Reiger Avenue and said line extended to the north- east line of Augusta Street ; thence northwest with said line of Augusta Street if extended to the south line of Gaston Avenue as extended in Hunger Place Addition; thence southwest with the south line of Gaston Avenue to the south line of Hunger Boulevard; thence northwest along said south line of Hunger Boulevard to the west angle of the intersection of Bryan Street and greenville Avenue; thence north with said west line of Greenville Avenue to a point thereon west from the southwest corner of the Alta Vista Addition; thence east crossing Green- ville Avenue and continuing same course along the south line of said Alta Vista Addition to the southeast corner of same; thence north along the east line of said Alta Vista Addition to the northeast corner thereof; thence west along the north line of said addition to west line of Hubert Street; thence north along the west line of Hubert Street to the south line of Lewis Street; thence west along south line of Lewis Street, and continuing along the south line of Taylor Street to Bowles Avenue (now Henderson Avenue) ; thence northwest with said line of Bowles Avenue (now Henderson Avenue) to the southwest line of street known as Juliette (or Honarch) Street; thence southwest with said line of Juliette Street to the northeast line of Woodland Avenue; thence northwest with said line of Woodland Avenue to a point about 27 feet north, 20 feet east from the north corner of Fake's Park Place Addition; thence southwestwardly to said corner of said Fake's Park Place Addition, and continuing same course along the northwest line of said Fake's Addition, and along the northwest line of Alexander's Park Addition to the west corner thereof on the northeast line of Carroll Avenue; thence northwest with said line of Carroll Avenue if extended to a point thereon where the said line of Carroll Avenue so ex- tended would intersect the southeast line of Weldon Street if extended; thence southwesterly along the said south line of Weldon Street, if so extended to the northeast line of Haskell Avenue; thence northwest with said northeast line of Haskell Avenue and a continuation thereof to the southeast line of Cole Avenue; thence northeast and northeasterly with said line of Cole Avenue to a point thereon 60 feet at right angles across. 4 Boundaries Art. f, Sec. 2. said Cole Avenue from the east corner of 081/2 by 185 foot lot in name of O. E. Bateman in block No. 987; thence northwesterly at right angles across said Cole Avenue to said east corner of said Bateman's lot and continuing same course along the north- east line of said 58% by 185 foot lot to the north corner of same on the southeast line of an alley in said block No. 987; thence southwesterly along said line of said alley 58^4 feet to the west corner of said Bateman lot; thence northwesterly at right angles to said alley to the southeast Una of Travis Avenue; thence southwesterly and southwest with said line of said Travis Ave- nue to a point thereon which would be at the intersection of the southwest line of Quick Street, if extended southeast across Travis Avenue; thence northwest with said southwest line of Quick Street, extended and with said southwest line of Quick Street to the center of Turtle Creek; thence in a northerly di- rection up Turtle Creek with its meanders to corner therein the northeast corner of lot No. 3 of Cole's subdivision of 199 acres of the William Grigsby survey; thence west along the lines be- tween lots 3 and 4 of said subdivision and a continuation thereof to the northeast line of Bowser and Lemmon's Oak Lawn Addition on the southwest line of said Quick Street; thence southeast with said line of Quick Street to the northwest line of Argyle Avenue; thence southwest along the northwest line of Argyle Avenue to the northeast line of Lemmon Avenue; thence north- west with said line of Lemmon Avenue to the northwest line of Douglas Street; thence southwest with said line of Douglas Street and a continuation thereof to the southwest line of CeCar Springs Avenue; thence southeast with said line of Cedar Springs Avenue to the northwest line of Pendleton Avenue (formerly Douglas Street) ; thence southwest with said line of Pendleton Avenue (formerly Douglas Street) and a continuation thereof to the southwest line of Routh Street; thence southeast with said line of Routh Street to the northwest line of Throckmorton Street; thence southwest with said line of Throckmorton Street to the southwest line of Maple Avenue; thence southeast with said line of Maple Avenue to the north corner of the City's Parkland Hospital tract of land: thence southwest with the northwest line of said hospital tract of land and a continuation thereof to the southwest line of the J. A. Sylvester survey; thence southeast along the southwest line of said. Sylvester survey to low water mark on the southeast bank of the Trinity River; thence down said river with the meanders of low water mark on the east bank of same to the south line of Commerce Street; thence westwardly crossing said river and continuing same course along the south line of the Fort Worth Pike to the east line of Beckley Avenue; thence south with and along Art. I, Sec. 2. Boundaries 5 the east line of Beckley Avenue to a point thereon 180 feet north from the north line of Okenwald Street; thence west 985 feet to a corner, the same being an original corner of the City of Oak Cliff; thence south with a west line of said Oak Cliff boundary to the intersection of same with the east line of Haynes Avenue; thence southwesterly with said line of Haynes Avenue to the north line of Fifth Street; thence west along said line of Fifth Street to the west line of Cedar Hill Avenue; thence north along the said line of Cedar Hill Avenue 470 feet to corner thereon; thence west 300 feet; thence south and southwesterly parallel to and 300 feet from the west line of said Cedar Hill Avenue to the north line of Davis Street (also known as Arthur Avenue); thence west with said line of Davis Street to a point thereon north from the northwest corner of the Midway Addition; thence crossing said Davis Street along the west line of the said Midway Addition to a southwest corner thereof; thence east along a northern south line of said addition, and a continuation thereof to the east line of Edgefield Avenue; thence south along said line of Edgefield Avenue to the south- west corner of block 253-3312, the same being the southern south- west corner of the Midway Addition; thence east to the south- east corner of Block No. 140-3199; thence north with the west line of Llewellyn Street about 50 feet to a point thereon at which the south line of the Catholic Orphan Home grounds would intersect if extended west; thence east across said Llew- ellyn Street and along the south line of said Catholic Orphan Home grounds to the southeast corner thereof; thence north about 30 feet to a point on the west line of Adams Avenue, at which the said line of block 72-3193 would intersect if ex- tended west; thence east across Adams Avenue to the south- west corner of said block, and continuing same course along the south line of the Dallas Land and Loan Company's second addition, and a continuation thereof to the east line of Beckley Avenue; thence south along said line of Beckley Avenue to the south line of the W. H. Hord survey; thence east along the south line of said Hord survey to the east line of Ewing Ave- nue; thence south with said line of Ewing Avenue 439 feet; thence east 397 feet to the west line of a street; thence north 439 feet to the said south line of said Hord survey; thence east with said line of said survey to the southeast corner of same; thence north with the east line of said Hord's survey to the center of the channel of Cedar Creek; thence northeast- erly down said creek with the meanders of same to corner therein on the west line of said Gaston road to the southwest line of the Hutchins road: thence northwesterly with said Hutchins road and a continuation thereof to the west line of 6 General Powers of City Art. II, Sec. 1, Sub. 1. Miller Avenue; thence north with said line of Miller Avenue to the north line of (First Street) Brazos Street; thence east about 30 feet to the west line of W. S. Beaty survey; thence north with the said line of said Beaty survey and a continuation thereof to the low water mark on the east bank of said Trinity River; thence southeasterly down said river with the meanders of said low water mark to the place of beginning. Sec. j>. Platting of Property. Should any property lying within the city limits as established by this act be hereafter platted into blocks and lots, then and in that event the owners of said property shall plat and lay the same off to conform to the streets and lots abutting on same, and shall file with the city engineer a correct map of same; provided, that in no case shall the City of Dallas be required to pay for any of said streets at whatever date opened, but when opened by reason of the platting of said property at whatever date platted, they shall become by such act the property of the City of Dallas for use as public highways, and may be cared for as such. Sec. 4. Additional Territory. Any territory adjoining the present or future boundaries of said city may from time to time in any size or shape desired, be admitted and become a part thereof on application made or written consent given to the city council by the owner or owners of the land, or, as the case may be, by a majority of the legal voters resident on the land sought to be added. In all such cases the territory so added shall be described by metes and bounds, in an ordinance accepting, assenting and adding the same to the municipal corporation; and thereafter the inhabitants of said added ter- ritory shall in all respects be on an equal footing with the inhabitants of the original municipal territory. ARTICLE II. Powers of the City. | Section 1. General Powers. 1. The City of Dallas made a body politic and corporate by this act shall have perpetual suc- cession, may use a common seal, may sue and be sued, may contract and be contracted with, implead and be impleaded in all courts and places, and in all matters whatever, may take, hold and purchase lands as may be needed for the corporate purposes of said city, and may sell any real estate or personal property owned by it; perform and render all public services, and, when deemed expedient, may condemn property for public use, within or without the city; and may hold, manage and Art. II, Sec. 2. Sub. 1. Revenue 7 control the same: such condemnation proceedings to be gov- erned and controlled by the law now in force in reference to the condemnation of the right of way of railroad companies and the assessment of damages therefor, and shall be subject to all the duties and obligations now pertaining to or incumbent upon said city, as a corporation, not in conflict with the pro- visions of this act, and shall enjoy all the rights, immunities, powers, privileges and franchises now possessed and enjoyed by said city and herein granted and conferred. 2. The City of Dallas shall have power to enact and to enforce ordinances necessary to protect health, life and property and to prevent and summarily abate and remove nuisances, and to preserve and enforce the good government, order and" security of the city and its inhabitants; to protect the lives, health and property of the inhabitants of said city, and to enact and enforce any and all ordinances upon any 'subject; provided, that no ordinance shall be enacted inconsistent either with the laws of the State of Texas, or inconsistent with the provisions of this act; and provided further, that the specification of particu- lar powers herein authorized shall never be construed as a limitation upon the general powers herein granted, it being intended by this act to grant and bestow upon the inhabitants of the City of Dallas full power of self-government, and it shall have and exercise all powers of municipal government not pro- hibited by this charter, or by some general law of the State of Texas, or by the provisions of the Constitution of the State of Texas. 3. All real estate owned in fee simple title, or held by lease, suffrance, easement or otherwise; all public buildings, market houses, school buildings, school houses, fire engine sta- tions, public squares, parks, street, alley and all property of whatever kind, character and description which has been grant- ed, donated, purchased, or otherwise acquired by the City of Dallas through any means or agency, and all causes of action, choses in action, rights or privileges of every kind and charec- ter, and all property of whatsoever character or description which may have been held, and is now held, controlled or used by said City of Dallas for public uses or in trust for the public shall vest in, and remain in and inure to, the said cor- poration, the City of Dallas, under this act; and all suits and pending actions to which the City of Dallas heretofore was, or now is a party, plaintiff or defendant, shall in no wise be affected or terminated by the provisions of this act, but shall continue unabated. Sec. 2. Revenue. 1. The City of Dallas shall have power. 8 Revenue Art. II, Sec. 2, Sub. 2 and is hereby authorized annually to levy and collect taxes not exceeding one and one-half per centum of the assessed value of all real and personal property in the city not exempt from taxation by the Constitution and laws of the State. Pro- vided, that the city shall have the power to levy and collect rtn additional tax of one per cent, or any fraction thereof, on the assessed value of all taxable property, real and personal, In said city, not exempt as aforesaid, if a majority of those authorized to vote on the assumption of debt by Section 3, Article VI, of the State Constitution, shall have first voted in favor of such levy at an election duly ordered for such purpose, the whole number of votes to be determined by the number voting upon such subject at such election. 2. In accordance with Section 10, Article XI, of the State Constitution, the City of Dallas may levy a special tax for one or more years for the purchase of ground, erection of buildings, and the support and maintenance of a seminary, academy, or high school, in connection with the public schools of the city, and may also levy a special tax in accordance with the State law, for the purpose of erecting additional public school houses or repairing those already built, or for the purchase of grounds therefoi. The funds so raised shall be appropriated exclusively for the purpose named, and shall not be diverted therefrom. The aggregate tax levied for either or all of said purposes in any one year, shall never exceed one-fourth of one per cent, ad valorem, on the taxable value of all property in city. No such tax shall be levied until the question shall have been sub- mitted to a vote of the taxpayers, at an election, by those entitled to vote thereon under the Constitution of the State. Such election shall be ordered by resolution of the Board of Commissioners, as in other elections. 3. The City of Dallas shall have power to levy and annually collect taxes, known as occupation taxes (except in cases where the laws of the State now in force prohibit the levy of occupa- tion taxes by cities and counties), upon professions, callings and other business carried on, and upon carriages, hacks, coach es, buggies, drays, carts, wagons and all other vehicles used in the city for public use. Bach and every person or firm, except where the levy of such occupation tax is prohibited by the gen- eral laws of the State, or upon which the State levies no occu- Ijation tax, engaged in the following professions, callings, and business, among others, shall be liable to pay such tax; but this enumeration shall not be considered as depriving the city of the right and power to levy and collect other occupation taxes under the general authority herein granted from other persons Art. II, Sec. 2. Sub. 4. Revenue uiion whom an occupation tax is levied by the general law of the State. Every person or firm engaged in selling goods, wares and merchandise, liquors in quantities less than a quart, or in keeping any grog shop, tippling house, bar-room, drinking saloon, or any place where spirituous, vinous or malt liquors, wine or beer, are sold in quantities less than a quart ; every person or firm keeping a billiard table, ball alley, nine or ten pin alley, or any similar game, or keeping a tavern, hotel or boarding house, restaurant, lunch stand, or place of any kind where refreshments are sold; every person or firm keeping a livery stable, sales stable, feed stable, or wagon yard; every jierson or firm selling goods, wares, or merchandise at public auction or pursuing the occupation of real estate agent, mer- chandise or cotton broker, commission merchant or broker of any kind, or hawker or peddler of any goods whatever; every person or firm keeping a storage or warehouse, or intelligence office, or brewery, or beer shop, distillery or fruit stand, or engaged in compressing cotton; every insurance agent, and every insurance company shall pay said tax, and every agent representing any such comiiany who has failed to pay said tax, shall be subject to a fine; every telegraph, telephone, electric light, gas or other such company; every person or firm keeping a lumber, wood or coal yard, or any place for the sale of such articles, or building material of any kind; and all other persons or firms engaged in any profession, occupation, business, avoca- tion or calling, subject to occupation tax by law of the State, shall pay on each; and no license tax shall extend to more than one establishment or include more than one avocation, occupa- tion, business or calling. The power herein granted to levy and collect occupation taxes shall not be deemed to prohibit the imposing and collection of license fees on any business, calling or occupation upon which the city is authorized to impose a license by any provision of this charter. 4. The City of Dallas shall have power to assess the prop- erty and shares of corporations, companies, banks and such other institutions as the same are now or may be assessed by the State law in such cases made and provided, wnich shall be cumulative of all provisions of this act. and shall have full power to enforce the collection of such taxes in such manner as may be provided for herein and as by said Commission may be deemed necessary. 5. The City of Dallas shall have the right and power to borrow money on the credit of the city for permanent public improvements, and to issue bonds of the city therefor, to bear interest not to exceed 6 ])er cent per annum, payable semi- 10 Revenue Art. II, Sec. 2, Sub. 6. annually, at such places as may be designated; provided, that the total indebtedness of the city of every kind and character whatsoever, shall never exceed the sum of five millions of dollars ($5,000,000) and any issue of bonds which would, when added to the indebtedness of the city existing at the time in- crease the total indebtedness of the city beyond said amount of $5,000,000, shall be wholly void as to such excess. Any proposition to issue new or additiona. bonds, as author- ized herein, as well as the amounts of such issuance and the purpose of the same, shall be first submitted to a vote of the qualified voters of the city, who are property taxpayers in said city, at an election to be held for that purpose. The time, place and manner of said election and the making of the returns and declaring the results thereof shall be prescribed by ordinance as nearly in accord with the laws regulating city elections as may be practicable, and unless a majority of the qualified tax- payers voting thereon in such election are in favor of the issu- ance of such bonds, the same shall not be issued, provided, that the purpose of the issuance of bonds, as submitted at such an election, may include more than one object. After an issue of bonds has been ordered, the Commission, however, shall have power to issue serial bonds, or otherwise, as in their opinion may seem best. All bonds shall specify on their face for what purpose they are issued, and shall not be invalid if sold for less than their par value, and when any bonds are issued by the city, a fund shall be provided to pay the interest and create a sinking fund sufficient to pay the bonds at maturity; and said sinking fund shall be invested in bonds of the State of Texas, or in bonds issued by the counties in the State of Texas, or in bonds of the United States, or in bonds of the City of Dallas, which are not yet due; provided, that in the event it shall be deemed expedient to issue serial bonds payable in equal annual installments, it shall be sufficient to provide for the payment of interest thereon and the annual installments as they mature. 6. Any officer of the city who shall wilfully or knowingly divert, or use any sinking fund for any other purpose except that for which the fund is created, or is herein expressly author- ized, shall be deemed guilty of a felony, and subject to prose- cution, as provided under the general laws of the State for the diversion and conversion of funds belonging to any of the municipalities of said State. 7. All bonds shall be signed by the Mayor, countersigned by the Auditor, and sealed with the seal of the city, and shall Art. II, Sec. ;;, Sub. 1. Police Powers 11 be payable at such times as may be fixed not more than forty years from their date. 8. It shall be the duty of the Mayor when such bonds are issued, to forward the same to the Comptroller of the State, whose duty it shall be to submit the same, together with all information he may have relating thereto, to the Attorney General, and if the Attorney General shall find that such bonds have been issued in accordance with law, he shall endorse his approval thereon and return the same to the Comptroller, who shall register such bonds in a book ke])t for that purpose, and endorse on each bond so registered his certificate of registra- tion and at the Mayor's request certify the amount of bonds so registered in his office up to date. 9. It shall be the duty of the Mayor at the time of forward- ing said bonds for registration, to furnish the Comptroller with a statement of the amount of all taxable property, real and personal, in the city; also with a statement of the amount of tax levied for the jiayment of interest and to create a sinking fund. It is hereby made the duty of the Comptroller to see that a tax is levied and collected by the city sufficient to pay the interest semi-annually on all bonds and create a sinking fund sufficient to pay said bonds at maturity and see that said sinking fund is annually invested in good interest-bearing securi- ties or applied to the redemption of the bonds for which it was set aside. Sec. 3. Police- Powsrs. The City of Dallas shall have power, by ordinance duly passed: 1. To establish and maintain a City Police Department, pre- scribe the duties of policemen, and regulate their conduct. 2 To permit, forbid or regulate theaters, balls, dance houses and other public amusements, and to suppress the same whenever the preservation of order, tranquility, public safety or good morals may demand. 3. To regulate dram shops, drinking saloons, and other places where intoxicating liquors are sold, to cancel licenses therefor for cause, and to close variety theaters when neces- sary, expedient or advisable. 4. To prohibit and punish keepers and inmates of bawdy houses and variety shows: to prevent and suppress assignation houses and houses of ill fame, and to regulate, colonize and segregate the same, to determine such inmates and keepers as vagrants, and provide for the punishment of such persons. U' Police Powers Art. II, Sec. 3, Sub. 5. .'). To inspect weights and measures, fix standards of weights and measures, and to fix penalties for not using or conforming to the same, and to provide that inspection fees may be fixed by ordinance. 6. To malte all needful and proper regulations concerning keepers of taverns and grog shops, and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers and drivers of baggage wagons, and other vehicles; to establish maximum rates for all kinds of transportation within the city limits, to prevent extortion, and to preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains, and to provide how and where hacks or other carriers shall stand or take their position upon the streets adjacent to or near to said depots, and where they shall stand when not receiving or dis- charging passengers. 7. To suppress gambling houses, and to punish keepers of gambling houses and pool sellers, and all persons who play cards or games of chance of any kind, and to punish persons who sell lottery tickets or who advertise lottery drawings or schemes and results of drawing lotteries. 8. To provide for the regulation of bakers and to prescribe the weight, quality and price for bread manufactured or sold in the City of Dallas, according to the price of the material or otherwise, and to provide for the inspection of milch cows, whether kept within the city, or without the city limits, from which milk is sold within the city, and to provide for the inspection of the milk offered for sale, and to prescribe the fees to be charged therefor. 9. To establish and regulate public grounds, and to regulate and restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, geese and pigeons, and to authorize the distraining, impounding and the sale of same for the cost of the proceedings and the penalty incurred, and to order their destruction when they can not be sold, and to impose penalties upon the owners thereof for the violation of any ordinances regulating or prohibiting the same. 10. To tax, regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordinances, and to impose penalties ujion the owners or keepers thereof. n. To prohibit and restrain or regulate the rolling of hoops, the flying of kites and firing of firecrackers, the use of veloci- Art. ir, Sec. 3, Sub. 12. Police Powers i;{ pedes and bicycles, and the use of any pyrotechnic or any other amusement or practices tending to annoy persons passing upon the streets or sidewalks, or to frighten horses and teams. 12. To restrain and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets or sidewalks by auctioneers and others for the purpose of business, amusement or otherwise. 13. To prohibit mendicants, beggars or persons of infirm or maimed bodies, or suffering with diseases of any kind, from soliciting alms, help or assistance upon the streets or side- walks of said city, and to prescribe a penalty by fine for a non-observance thereof. 14. To prohibit and regulate the ringing of bells and blow- ing of whistles of railroad engines or locomotives within the city limits, and to regulate the speed thereof. 15. To regulate and control the driving of cattle, horses and all other animals into or through the city. 16. To prevent all trespasses and breaches of the peace and good order, assault and batteries, fighting, quarreling, using abusive language, profane and insulting language, misdemeanors and all disorderly conduct and to punish all persons thus of- fending. 17. To prevent and punish the keepers of houses in which loud or immoral theatrical representations are given, and to adopt summary measures for the removal or suppression of all such establishments. 18. To require, on due notice, all steam or street railway companies owning tracks within the city limits, upon tlje public streets or highways of said city, which may have been or may hereafter be abandoned by said companies by non-use, to remove such tracks and to restore at their own expense the street or way upon which such abandoned track is located to its former condition. 19. To prohibit, prevent and suppress horse racing, immoder ate riding and driving in the streets of said city. 20. To prohibit cruel treatment of animals and to i)unish the abusers of animals. 21. To compel persons to fasten their horses or other ani- mals attached to vehicles, or otherwise hitched, or standing in the streets. 14 General Police Powers Art. II, Sec. '], Sub. 22. 22. To restrain and punish vagrants, mendicants, beggars and prostitutes. 23. To regulate and control the sale, gift, barter or e.xchange of cocaine, opium, morphine and the salts thereof. 24. To license, tax and regulate regular merchants, commis- sion merchants, hotel and inn keepers, drinking houses or sa- loons, bar-rooms, beer saloons and all places or establishments where intoxicating or fermented liquors are sold; brokers, money brokers, real estate agents, insurance agents, insurance brokers, auctioneers, and all other trades, professions, occupations and callings of every kind. To license and regulate any itinerant oi' transient vendor of clothing or wearing apparel or article of bedding or merchandise of any description whatever, ticket brokers or scalpers or dealers In railway tickets, dealers in bankrupt or fire stocks, or damaged stocks of any kind, second hand dealers, pawn brokers, junk shops and dealers in junks, and all other business or occupations whatever, which in the opinion of the Board of Commissioners shall be the proper subject of police regulations. To require the jjerson or persons or corporation pursuing any business or occupation mentioned in this section to give all bonds in such amounts and under such conditions as the Board of Commissioners may prescribe; to require the keeping of books showing tne transactions of any such business or occupations and requiring the persons conducting such business or occupation to submit said books and their stocks to the inspection of the police at such times as may be prescribed by ordinance. No license shall issue for a longer period than one year, and such license shall not be assignable, except by permission of the Board of Commission- ers. 25. To license, tax, regulate, prevent or suppress paupers, peddlers, pawnbrokers and keepers of theatrical or other exhi- bitions, shows and amusements. To license, tax and regulate or prohibit theaters, circuses, moving picture shows and exhibi- tions of common showmen, and of shows of any kind, and the exhibition of natural or artificial curiosities, menageries and musical exhibitions and performances, and to regulate and license or prohibit street parades, pool tables, striking machines, lung testers, doll racks, cane racks, and exhibitions, devices and things for which a fee is charged. 26. To prevent all boxing matches, sparring exhibitions, cock-fighting and dog-fighting and punish all persons thus of- fending. 27. To regulate, control and prohibit the carrying of fire- Art. II, Sec. 3. Sub. 28. General Police Powers 1.5 arms and other weapons within the city limits, and to provide and inflict the same punishment therefor as is now or hereafter may be provided by State law against persons unlawfully carry- ing weapons. 28. To provide workhouses for vagabonds and disorderly persons who are unable or refuse to pay fines, or who have been sentenced to fine and imprisonment or to compel them to work on the streets, alleys and public works, and make all necessary regulations concerning the same, and to provide, keep and regulate a city prison. 29. To define what shall be nuisances in the city, and within three thousand feet of the corporation lines outside of the city limits and to abate such nuisances by summary proceedings, and to punish the authors thereof by penalties, fines and im- prisonment. 30. To restrain, regulate and prohibit the selling or giving away indirectly, to evade a tax or penalty, of intoxicating or malt liquors, or anything by any person within the city, except by persons duly licensed, to forbid and punish the selling, bar- tering or giving away of any intoxicating or malt liquors to any minor, student, apprentice or habitual drunkard. 31. To prevent the sale, bartering and giving away of any intoxicating liquors in any house or place where any theatrical or dramatic presentations are given, and prevent the same from being brought in or to such places under any pretext what- ever. All rooms, buildings or apartments of any kind inside of- the room where such representations are given, or being a part of it, or adjoining or connecting therewith by any door or doors, dumb waiter or opening of any kind shall be held to be within the places inhibited by this section. 32. To regulate parapet walks, to prevent dangerous con- struction and condition of chimneys, fire places, hearths, stoves, stove pipes, boilers and other heating apparatus, and cause the same to be removed and made safe. 33. To regulate the use of automobiles, motor cars, motor- cycles or any motor vehicles, and the speed thereof; to pre- scribe the proper lighting of same when used at night; to issue permits for the use of such vehicles and to require the number- ing of said vehicles. 3%. To control and regulate the location and use of all kinds of steam engines and steam boilers in the city, and prescribe the qualifications of persons operating and running same, and to 16 Fires Art. II, Sec. 4, Sub. 1. adoi)t such rules and regulations in relation thereto as may seem best for the public safety and comfort. 35. To inspect the construction of all buildings in the city, and to prescribe and enforce proper regulations in regard there- to; to regulate and locate or prohibit the erection of all poles in the city, and cause the same to be changed, whether tele- graph, telephone, electric light or otherwise. 36. The city shall have power to establish, maintain and regulate a city prison, or city prisons, workhouses, and other means of punishment for vagrants, city convicts and disorderly persons, houses of correction and reformatories for youthful criminals. 37. The city shall have power to enforce the by-laws and ordinances for the city by a fine not to exceed two hundred ($200.00) dollars; provided, that no ordinance or by-law^ shall provide a lesser penalty than is prescribed for a like offense by the laws of the State. The City of Dallas may provide by ordinance, for the com- mutation of fines imposed, by labor in a workhouse, or on a rock pile, or upon the public streets and public highways of the City of Dallas, and for the collection of any fine imposed execu- tion may be enforced as other execution issued in civil cases. 38. Whenever the forfeiture of a franchise, right or privilege granted to any person, firm or corporation to be exercised as a public utility is provided for in this act, the power to enforce such forfeiture shall not be construed to be in the Board of Commissioners, but such forfeiture shall be finally enforced only through the decree of a court of competent jurisdiction. Sec. 4. Fires. The City of Dallas shall have power: 1. To provide means for the protection against and the ex- tinguishment of fires, and shall provide for the regulation, main- tenance and support of a Fire Department, and for the purpose of guarding against the calamity of fire, may prescribe fire limits, and may regulate or prohibit the erection, building, plac- ing or repairing of wooden buildings within such limits in said city as may be designated and prescribed as fire limits, ana may also within said limits prohibit the moving or putting up of any wooden buildings from without said limits, and may also prohibit the removal of any wooden buildings from one place to another within said limits, and may direct and prescribe that all buildings within the limits so designated in the ordinance as fire limits, shall be made or constructed of fire-proof material, Art. II. Sec. 4, Sub. 2. Fires 17 the kind, character, extent and quality of which buildings and material may, by ordinance, be prescribed and fixed, and may prohibit the repairing of wooden buildings in fire limits when the same shall have beefi damaged to extent of 33 1-3 per cent of the value thereof, and may prescribe the manner of finding such damages, and may declare all dilapidated buildings to be a nuisance, and direct the same to be repaired, removed or abated in such manner as the Board of Commissioners may prescribe, and may declare all wooden buildings in the fire limits which they deem dangerous to contiguous buildings, or which may cause or promote fires, to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fire-proof roofing may be used, and may impose a penalty for violation of such rules and regulations. The city shall have the right, by ordinance, to regulate, pre- scribe and govern the storage of lumber, sash, doors, blinds and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits within which such material may be carried, and fix penalties for violation of the rules and ordi- nances governing the sanie. 2. To regulte or prevent the carrying on of manufactories and other works dangerous in causing fires, and to regulate the location of cotton presses, sheds and other buildings danger- ous on account of fires. 3. To prevent the deposit of ashes in unsafe places and cause the removal from one's premises of all trash, old papers, straw, goods-boxes, barrels and anything else dangerous on ac- count of fire, and of all filth, slops and animal or vegetable mat- ter and everything else offensive and dangerous to health and comfort, and to cause all buildings and enclosures in a dangerous state to be put in a safe condition. 4. To regulate the size, number and manner of construction of doors and stairways of theaters, tenement houses, hotels, boarding houses, apartment houses, audience rooms, public halls and buildings used for the gathering of a large number of people, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fires. 5. To require the construction of suitable fire escapes on or in hotels, lodging houses, factories and other buildings, whether now built or hereafter to be built. 6. To regulate, prevent and i)rohibit the use of fire-works. 7. To compel the owners or occupants of houses or other 18 Health Art. II, Sec. 5, Sub. 2. buildings to have scuttles in their roofs and stairs or ladders leading to the same. 8. To authorize one or more officers, agents or employes of the city to enter in and upon all buildings and premises, to examine and discover whether the same are dangerous on account of fire, or in any unclean state, and cause all defects to be remedied, and filth and trash to be removed, and generally the Board of Commissioners shall have the power to establish such regulations for the prevention and extinguishment of fires as it may deem expedient. Sec. 5. Health. — The City of Dallas shall have power: 1. To regulate burial grounds, crematories and cemeteries, and to prohibit burial within the city limits if deemed advisable or if necessary to protect the public health, and to condemn and close burial grounds and cemeteries in the thickly settled portions of the city, and when demanded by the public interest or public health, to remove or cause to be removed bodies interred in such condemned and closed cemeteries and burial grounds, and shall cause them to be re-interred in a suitable place to be provided by the city, at its expense, and whenever advisable the city may condemn the land proposed to be used for the re-interring of bodies in the same manner as in condem- nation suits of railway companies, and use such condemned ground formerly used for cemeteries, for such purposes as may best subserve the interests of the city. The City of Dallas shall have power to acquire land and grounds inside or outside the city limits by purchase, gift, or otherwise, to be devoted to and used for the purpose of a public and private cemetery, and to pass such suitable regulations con- cerning the burial of the dead in such cemetery, and make such charges for the burial of the dead therein as may be deemed proper by the Board of Commissioners, and said city shall also have the power to appropriate private property lying within or without the city limits to be used and devoted to cemetery purposes, as herein stated by condemnation proceedings brought for such purpose, auid in all such cases the proceedings had to condemn such land shall be governed and controlled by the State law in reference to the condemnation of land by railroad companies as far as the same may be a])plicable thereto. 2. To regulate the burying of the dead, the registration of births and deaths, direct the keeping and returning of bills of mortality, and impose penalties on physicians, undertakers, sextons and others for any default in the i)remises. The City of Dallas shall also have the power, by ordinance, Art. II, Sec. o, Sub. 4. Health 19 to authorize the destroying of clothing, bedding, furniture and buildings infected with the germs of any infectious or dangerous diseases, when the public health requires the destruction of the same, and may also in the same manner authorize the destruc- tion or removal of buildings or other objects after the game shall have been declared a nuisance and to be dangerous to the health or lives of the citizens of said city. ■1. To make regulations to prevent the introduction of con- tagious diseases into the city, to make quarantine laws for that purpose, and to enforce them with the city and within ten miles thereof. 5. The City of Dallas is hereby given full power and author- ity to take such steps to improve and preserve the purity of the water in Trinity River, above the city of Dallas, as it may think necessary; provided, that the power of this section shall not be construed to give said corporation any jurisdiction or control over said river beyond the corporate limits of said city, except for the purpose of protecting or improving the water shed, i. e., the water supply of both Trinity river and the smaller streams or tributaries; provided, further, that the said corporation shall have the right to condemn land, buildings and out-houses or closets when it may deem the same necessary for the protection and preservation of the purity of the water in said river, and shall have powers to control the same. The City of Dallas shall also have power to require any persons or corporations owning or operating manufacturing en- terprises within or without the city, which shall discharge re- fuse matter into Trinity river or its tributaries, to make other provisions for such refuse matter, or so purify the same as that the public health will be fully protected. 6. To require the owners of private drains, sinks, privies, to fill up, cleanse, drain, alter, repair, fix and improve the same, as they may be ordered by resolution or ordinance, and impose penalties upon persons failing to do the same. If there be no person in the city upon whom such order can be served, the city can have such work done, and costs of the same shall be a lien on the property and taxed up against it, and collected in such manner as the Board of Commissioners may determine. 7. To prevent any person from bringing, depositing or hav- ing within the city limits, the carcasses of any dead animal, or other unwholesome substance, or matter, or filth of any kind, and to require prompt removal of the same, and impose all necessary penalties for the enforcement of such powers. 8. To provide for the inspection of dairies inside and out- 20 Health Art. II, Sec. .5, Sub. 9. side the city limits, doing business within the city, and to charge and provide license fees for inspection; to establish and maintain a standard of sanitary conditions governing dairies inside and outside the city, doing business within the city; to establish and maintain a standard of the quality of all dairy products sold in the city, and to provide for penalties for the violation thereof. 9. To regulate, license or prohibit butchers and prevent their slaughtering animals in the city limits, and revoking their license for malconduct in trade, and to regulate, license and restrain the sale of fresh meat, fruits and vegetables, and the slaughter of animals, and to license and regulate or prohibit slaughter houses within the city limits. 10. To compel the owner or occupant of any grocery, soap, tallow or chandler establishment or blacksmith shop, tannery, stable, slaughter house, distillery, brewery or otlier building, or sewer, privy, hide house, or other unwholesome of nauseous place or house to cleanse, remove, fill up, repair or abate the same, as may be necessary for the health, comfort and con- venience of the inhabitants. 11. To regulate the inspection and slaughter of animals and the sale of fresh meats within the city, and the inspection and the sale of beef, pork, flour, fish, salt and other provisions; whisky and other liquors, and all other articles of food or drink whatsoever, to be consumed within the city, and to appoint inspectors, weighers and gangers, and prescribe their duties and powers, and to regulate their fees, and to provide for the inspection and weighing of hay and coal, ice, and the measure- ment of firewood and other fuel to be sold in the city. 12. To regulate, restrain, locate, abate, or prohibit slaughter houses, gas reservoirs and tanks, glue factories, bone boilers, hide houses or establishments for burning hides, soap factories, places for rendering lard, tallow, offal, and other substances that can be rendered, and all other establishments where any nau- seating, dangerous, offensive or unwholesome business may be carried on. 13. The City of Dallas shall have the right and power, by ordinance, to provide that the tenant or owner of any property shall pay to the city reasonable charges for the removal of night soil or other refuse matter from the closets of the prem- ises thereof, and to prohibit anyone except someone in the employ of the city, or by the city authorized to do so, from removing or carrying away the contents of any privy, vault or •water closets, or any receptacle of human excrement, and the Art. II, Sec. 7, Sub. 1. Municipal Service 21 city shall have the right to have inspected the premises of all persons, at any time, in the interest of the public health, and for the purpose of making said inspection, the officers or agents of the city, duly authorized to do so, shall have a right to enter upon the premises of any person at any hour during the daytime to make said inspection. Whenever notice is given by any officer or employe of the city inspecting any premises that said premises need cleaning, the said night soil or other refuse matter shall be removed and the owner or tenant of said premises shall pay the city the price prescribed therefor, and failure to do so shall subject said persons to the penalties to be prescribed by ordinance, and said persons shall be fined, upon conviction in the Corporation Court, in any sum not less than one dollar nor more than two hundred dollars. Sec. 7. Municipal Service. The City of Dallas shall have power : 1. To buy or construct, own, maintain and operate a sys- tem or systems of waterworks, gas or electric lighting plants, telephones, street cars and sewers, or any other public service or enterprise, that may be approved by a majority of the quali- fied voters of the City of Dallas, voting therefor at any regular election for city officers in accordance with the provisions of this act; and may demand and receive compensation for such service furnished for private purposes, and shall have power to condemn the property of any person, firm or corporation for the purpose of operating and maintaining any such utility, and for distributing such service throughout the city or any portion thereof, but in such condemnation proceedings no al- lowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City of Dallas. 2. To acquire or own within or without the city limits, either by purchase, donation, bequest or otherwise, all property it may need for any municipal purpose, whatever; and all necessary- rights of ways thereto, and shall also have the power to sell and dispose of the same, except as otherwise provided in this act. 3. To provide all needful buildings for the use of the city; to provide for enclosing, improving, ornamenting and regulating all public grounds belonging to the city; to provide hospitals and regulate and maintain the same, and to permit or prohibit private hospitals; to establish an active system of inspection over premises and conduct of persons; to establish a reformatory or industrial or truant school for refractory or unprotected boys 22 Municipal Service Art. II, Sec. 7, Sub. 4. and girls under such rules and regulations as the Board of Commissioners may prescribe, and to provide for the issuance of bonds therefor in any sum not to exceed $25,000 after sub- mission of such matter to a vote of the taxpayers of said city. 4. To lay out, establish, open, alter, widen, lower, raise, extend, grade, narrow, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges, and to vacate and close the same; to sprinkle and care for the streets, and to regulate the use thereof; and to require the removal from the streets and sidewalks of all obstructions, telegraph, telephone, street railway or other poles carrying electric wires, signs, fruits stands, show cases, and en- croachments of every character upon said streets and sidewalks; and to vacate and close private ways. The cost of constructing sidewalks and keeping the same in repair, together with the cost of collection, shall be defrayed entirely by the property owners in such manner as the Board of Commissioners may provide, and shall be a perpetual lien on the property until paid. 5. To prevent any street or sidewalk from being dug up or excavations to be made therein, unless the same be done with the permission of the Board of Commissioners, and under the direction of the City Engineer, or other officer designated by the Board of Commissioners; and to prescribe and exact fees for such privileges, and deposits as guarantees of proper restor- ation of such street or sidewalks. 6. To regulate, establish and change the grade of all side- walks, streets and premises, and to require and compel the filling up and raising the same. 7. To permit, prevent and regulate the laying of gas, water and sewer mains and pipes in the city of Dallas; provided, however, that any water or sewer mains or pipes that may be laid in any public street or alley shall thereupon immediately become the property of the city of Dallas. To compel any person using the streets, alleys or sidewalks for the purpose of laying gas or water mains and pipes, sewer pipes, or for building or other purposes, to repair, clean up, and restore said streets, sidewalks and alleys so used. 8. To provide for, establish and maintain a free public li-- brary within the city, and to co-operate with any person, firm, or corporation under such terms as the Board of Commissioners may prescribe for the establishment of such free public library, and to that end they shall appropriate annually out of the Art. II, Sec. 8, Sub. 1. Franchises 23 general revenue of the city as a fund for the support and main- tenance of the Dallas Public Library a sum equal to fifteen one- hundredths of one mill (.00015) of the assessed taxable values of the city for the current year. 9. To establish, buy, erect, maintain, own, lease and regulate wharves and docks, charge wharfage and dockage, to condemn private property for such uses and purposes and to fix places for the anchorage of water craft thereon. 10. To buy, establish, lease, maintain, regulate and operate markets and market places, and abatoirs, and to build, own and maintain buildings therefor, and to rent and lease the same. 11. To establish and maintain sanitary closets for the serv- ice of the public, and to obtain by purchase or condemnation property for such closets. Sec. 8. Franchises. 1. The ownership, right of control and use of the streets, highways, alleys, parks, public places and all other real property of the city of Dallas is hereby declared to be inalienable to said city, except by ordinance passed by vote of the majority of the Board of Commisisoners, as here- inafter provided; and no franchise or easement involving the right to use the same, either along, across, over or under the same, shall ever be valid, unless expressly granted and exer- cised in compliance with the terms hereof, and of the ordinance granting the same. No act or omission of the city, its Board of Commissioners, officers or agents shall be construed to confer or extend by estoppel or indirection, any right, franchise or ease- ment, not expressly granted by ordinance; provided, that alien- ation of school property shall be as herein elsewhere author- ized. 2. The city of Dallas shall have the power, subject to the terms and provisions hereof, by ordinance to confer upon any person or corporation the franchise or right to use the property of the city, as defined in the preceding section, for the purpose of furnishing to the public any general public service, including heat, light, power, telephone service, refrigeration, steam, or the carriage of passengers or freight within the said city and its suburbs, over the streets, highways and property of said city, or for any other purpose whereby a general service is to be furnished to the public for compensation or hire, to be paid to the franchise holder, whereby a right to, in part, appropriate the streets, highways or other property of the city, is necessary or proper, provided, that no franchise shall be granted by said 24 Franchis8s Art. II, Sec. 8, Sub. 3. city to any person, firm or corporation to own, control or operate waterworks therein. o. No exclusive franchise or privilege shall ever be granted, nor a franchise, nor a privilege to commence, at any time after six months subsequent to the passage of the ordinance granting the same, and no franchise shall be directly or indirectly ex- tended beyond the term originally fixed by the ordinance grant- ing the same, nor shall any franchise be granted to any person or persons or corporation authorizing such person or corpora- tion, their associates, assigns, or successors, to acquire the physical property, rights or franchise of another person or cor- poration to whom or which a franchise has already been granted by the city whereby the rights and properties held and used under such franchise are assigned to another person, firm or corporation which holds a franchise extending beyond the time of the expiration of the franchise of the person, firm or corpor- ation selling such physical properties, rights or franchises. 4. 'The city of Dallas shall have the power, by ordinance, to grant any franchise or right mentioned in the preceding sections hereof, which ordinance shall not be passed finally until its third reading, which readings shall be at three separate regular meetings of the Board of Commissioners, the last of which shall take place not less than thirty days from the first. No ordinance granting a franchise shall pass any reading ex- cept by vote of the majority of the Board of Commissioners, and such ordinance shall not take effect until sixty days after its adoption and its third and final reading; provided, that if at any time before such ordinance shall finally take effect a peti- tion or petitions shall be presented to the Board of Commission- ers signed by five hundred of the bona fide qualified voters of the city, then the Board of Commissioners shall submit the question of the granting of said franchise to a vote of the qualified voters of the city of Dallas at the next succeeding annual election to be held in said city, provided that notice thereof shall be published at lease twenty days successively in a daily newspaper published in said city, prior to the holding of said election. Ballots shall be used briefly describing the franchise to be voted on and the terms thereof and containing the words, "For the granting of a franchise," and "Against the granting of a franchise." The vote shall be canvassed by the Board of Commissioners and should it result in a majority of those voting thereon, casting their votes "For the granting of a franchise," then by order entered in their minutes the Board of Commissioners shall so declare, and said franchise shall at once take effect. But should a majority of such votes be cast Art. II, Sec. S, Sub. 5. Franchises 25 "Against granting a franchise," as ascertained by the Board of Commissioners, then said board by order entered in their min- utes, shall so declare; and such franchise shall not take effect. In case a franchise is refused by the Board of Commissioners, then the matter may be submitted to the qualified voters on petition, as heretofore provided, and a failure to finally pass on an application within six months after the filing of such ap- plication shall be construed as a refusal. 5. No franchise shall ever be granted for a longer term tlian twenty years, nor shall any right, franchise or privilege now in existence be extended beyond the period now fixed for its termination, directly or indirectly, or through any means what- soever, and any ordinance or transaction in violation or evasion •of this prohibition shall be absolutely void. No subsidiary fran- chise or franchises of any character appertaining or relating to any other franchise which shall extend beyond the life of such main franchise shall ever be granted to any franchise holder, or to any person, firm or corporation acting for him directly or indirectly, and any such grant in violation of this prohibition shall be absolutely void. No franchise, privilege or easement granted by the City of Dallas shall ever be used or operated so as to extend or enlarge any other franchise or privilege granted by said city, and any violation of this prohibition shall operate as forfeiture of each and all of such franchises, privi- leges and easements. 6. All persons or corporations to whom franchises may hereafter be granted or their assigns and successors, shall as compensation for the right or privilege enjoyed, pay to the city a sum not less than 4 per cent of the gross receipts of the business pursued by the holder of the franchise; provided that in the event any street railway company in said City of Dallas, Dallas County, Texas, shall hereafter build new lines of street railway, or extend its line of railway therein, this subdivision shall not be construed to require the payment of any such gross receipts tax upon receipts arising from the operation of that part of its mileage and lines which were constructed and in operation before the passage of this act at the regular session of the Thirtieth Legislature of the State of Texas. Provided, further, that whenever any such new franchise shall be granted to any street railway corporation using or holding any other street railway franchise at. the time, the Board of Commission- ers shall prescribe rules and regulations for determining the amount of receipts arising from the use of such new franchise, and provided that any such new franchise shall never be granted for a period which will extend beyond the life of any street 26 Franchises Art. II, Sec. S, Sub. 7. railway franchise lield or used by any street railway company applying for and receiving such new or additional franchise. The amount of said bonus or compensation shall be . fixed by ordinance granting the franchise and shall be payable on the second day ox January in each year, for the preceding year. Said bonus or compensation shall be exclusive of and in addi- tion to all lawful ad valorem taxes upon the value of the franchise or other property of the holder thereof, and lawful occupation taxes imposed upon the occupation or calling of the holder of such franchise. The Board of Commissioners may, however, in their discretion in the ordinance granting any franchise, provide that no bonus shall be paid for the first three years thereof. In order to ascertain the true amount of such gross receipts and to determine the amount of such bonus or compensation, and for any other purpose relating to the business or affairs of the city, the Board of Commissioners shall have the power to examine or cause to be examined the books, papers and records of franchise holders; to take testi- mony and compel the attendance of witnesses and the pro- duction of books, papers or records, and to examine witnesses under oath, and under such rules and regulations as said board may adopt, and should any franchise holder refuse inspection of his books or the produciion of the same when lawfully required to do so by said board, or should any officer, agent or employe of said franchise holder refuse to give testimony before said board, then said board shall have power, by ordinance, to declare the franchise or privilege enjoyed by such corporation, or person so in default, annulled and terminated. (Amendment of 1909.) 7. The right is hereby delegated to the city of Dallas, acting through its Board of Commissioners, to determine, fix and regulate the charges, fares or rates of any person, firm or corporation enjoying or that may enjoy a franchise or exercising any other public privilege in said city and to prescribe the kind of service to be furnished by such person, firm or corporation, and the manner in which it shall be rendered, and from time to time to alter or change such rules, regulations and compensa- tion. The board shall make rules and regulations granting a fair hearing to persons or corporations to be affected by said regulations, and no change in regulations shall be adopted ex- cept after notice to the persons affected and after a fair hearing shall be granted them; provided, that in adopting such regula- tions and in fixing or changing such compensation, or determin- ing the reasonableness thereof, no stocks or bonds authorized or issued by any corporation enjoying a franchise shall be con- sidered unless upon proof that the same have been actually issued by the corporation for money paid and used for the de- Art. II, Sec. 8, Sub. 8. Franchises 27 velopment of the corporate property, labor done or property actually received in accordance with the laws and Constitution of the State applicable thereto; and in order to ascertain all facts necessary for a proper understanding of what is or should be a reasonable rate or regulation, the Board of Commissioners shall have full power to inspect books and compel attendance of witnesses as provided in sub-section 6 hereof and may prescribe all penalties named in sub-section 6 for a failure or refusal to attend and testify or produce books. 8. Every public service corporation shall furnish and provide equal and uniform service alike to all citizens of the city of Dallas, and it shall be unlawful and a sufficient ground for the forfeiture of any franchise for any such corporation to grant free service, or furnish better service or to furnish service at a lower price or rate, quantity considered, to any person or per- sons, or otherwise discriminate in the matter of rates or ser- vice between citizens of Dallas. Upon proof being received by the Commissioners that this section is being violated, they shall at once summon witnesses and investigate, and if they so find then it shall be their duty to immediately cause suit to be in- stituted to have such franchise forfeited; provided, however, the Board of Commissioners shall have power by ordinance to grant any such corporation the right to grant reduced rates to per- sons specified in such ordinance, and provided, that the Board of Commissioners may. by ordinance, authorize any street rail- way or interurban railway to transport free any member of the police or fire department of said city within the corporate limits thereof, and to authorize the giving of such free transportation in other cases, when the same shall not be in confiict with the general law of the State, which shall control and govern this subdivision. 9. Xo franchise shall hereafter be granted except upon con- dition that the city shall have the right at any time after eighteen years from the granting thereof to purchase the phys- ical properties of the franchise holder and to terminate its fran- chise, and all privileges enjoyed by it thereunder; provided, the majority of the qualified tax paying voters of the city voting thereon shall vote to do so, and provided, that upon the petition of five hundred qualified property tax paying voters to the Com- missioners, the matter of the acquisition of such property shall be submitted to an election to be determined by a vote of the majority of the qualified tax paying voters, voting thereon; which election shall be held at the next succeeding election in said city, after at least twenty days notice thereof shall have been published daily for twenty days in a newspaper published in said city, and provided, that the owner of such physical prop- 28 Franchises Art. II, Sec. 8, Sub. 10. erty shall be compensated for the value thereof, considering solely the physical assets, such value to be determined by the report of the majority of three arbitrators, one to be selected by- the city, one by tne owner of the physical property to be valued, and the third by the arbitrators so selected. But if the owner of such physical property shall refuse for thirty days to select an arbitrator, then the value of such property shall be fixed by vote of a majority of the Board of Commissioners. "Provided, that said purchase, when so made by the city, shall not take effect until the expiration of twenty years from the time of the granting of such franchise.' 10. Ordinances granting franchises shall be subject to the terms hereof, and shall contain such terms and conditions as the Board of Commissioners shall see fit to impose. All franchises shall be exercised in accordance with the terms of the ordinance granting the same and of this charter. If such franchises shall not be exercised in substantial accordance with the terms here- of, and of the ordinance granting the same, then after notice to and reasonable hearing of the holders thereof, such franchises may be cancelled or annulled and the Board of Commissioners shall, by ordinance, adopt reasonable rules and regulations for such notice and hearing. 11. It shall be the duty of the Board of Commissioners, as soon as practicable after taking office, to have true copies of all franchises, permits, ordinances, orders, resolutions, or any other proceedings by which any rights, privileges or franchise are granted to any company, corporation or individual owning, or operating any gas, oil, street railway, steam railway, interurban, electric light and power, telephone or any other public utility, which said franchise, etc., shall be codified, indexed and print- ed and offered for sale at cost price; and all future franchises shall likewise be printed and offered for sale at cost price. 12. Any franchise or right which may hereafter be granted to any person or corporation to operate a street railway within the city or its suburbs shall be subject to the condition that the Board of Commissioners shall have the right to grant to any other person or corporation desiring to build or operate a street railway or interurban railway within or into the city of Dallas, the right to operate its cars over the tracks of said street rail- way in so far as may be necessary to enter said city and to reach the section taereof used for business purposes; provided that the person or corporation desiring to operate its cars over the lines of said street railway shall first agree in writing with the owner thereof to pay it reasonable compensation for the use of its tracks and facilities. And if the jierson or corporation de- Art. IT, Sec. 8, Sub. 13. Franchises 29 siring to use the same cannot agree with said owner of said street railway as to said compensation within sixty days from offering in writing to do so, and as to terms and conditions of the use of said track and facilities, then the Board of Commis- sioners shall by resolution, after a fair hearing to the parties concerned, fix the terms and conditions of such use and compen- sation to be paid therefor, which award of the board, when so made, shall be binding on and observed by the parties con- cerned. 13. Interurban railways are defined to be, in the meaning of this charter, railways operating their cars by electricity for the carriagv.- of freight and passengers for hire, not wholly within the city and its suburbs, but whose lines extend from the city of Dallas and its suburbs to other towns, cities or villages. 14. The Board of Commissioners shall have power, subject to the terms and conditions contained in this charter, to grant to any person or corporation, desiring to extend an interurban railway into the city, the right to lay tracks and operate cars over the streets or other property of the city and over the tracks of other street railways for a term of not exceeding twenty years. 15. The right mentioned in the preceding section shall be granted by ordinance only, which ordinance shall not be finally passed until after three separate readings, the last of which shall take place not less than thirty days from the first. The granting or refusing of the right or franchise herein mentioned shall be subject to the terms and provisions of this charter con- cerning the submission of general franchises to a vote of the qualified voters of the city, which shall in all things govern and apply thereto. 16. The ordinance granting such right or franchise, shall con- tain such conditions as may seem proper to the Board of Com- missioners, and shall provide for such reasonable compensation to the city as may seem just to the board for the use of the franchise or right granted, which compensation shall be payable annually. And the ordinance granting such right or franchise shall provide that failure to pay said compensation at the time specified therein shall forfeit and terminate said franchise. Said compensation shall be deemed to be a bonus payable to the city for the use and the right granted and shall be exclusive of and in addition to all ad valorem or occupation taxes, payable by the owner of said franchise. i7. The terms of this charter concerning the granting of franchises to persons or corporations for the purpose of ren- 30 Franchises Art. II, Sec. 8, Sub. 18. dering any public service wholly within the city and its suburbs shall not apply to interurban railways, except as specified in the four preceding sections and in the various sections providing for the referendum. 18. The Board of Commissioners shall have power to author- ize steam railways operating their lines from the city of Dallas to other towns and cities beyond its limits to lay their tracKs and establish their switches on and over the streets and other property of the city of Dallas or such parts thereof as the board may see fit, subject to the terms of this charter and to such conditions as may be imposed by the Board of Commissioners. 19. The right mentioned in the preceding section shall be granted only by ordinance, which shall provide for the payment of a reasonable annual compensation, to be paid to the city, which in no case shall be less than ten dollars ($10.00) per an- num, and shall not be construed to be a tax, but shall be in ad- dition to and exclusive of all occupation or ad valorem taxes levied upon the property or franchises of the owner of said rights and upon the occupation pursued by said owner. 20. The compensation mentioned in the preceding section shall be payable annually in advance on the second day of Jan- uary, and if not then paid the right granted shall forfeit and terminate. 21. The grant or refusal of an ordinance by the Board of Commissioners granting or refusing the right mentioned in the preceding sections shall be subject to the provisions of this char- ter providing for the submission of the granting or refusal of general franchises to the vote of the qualified voters of the city; provided that an ordinance granting or refusing the right to lay a switch not more than one block in length need not be subject to such vote unless said switch shall cross a street bounding such block. 22. The Board of Commissioners shall have power, by ordi- nance or resolution, to grant to any owner of property abutting upon the streets or other property of the city the use thereof or to go over or under the same in any manner which may be necessary or proper to the enjoyment of said abutting property by the owner; provided, that such use be not inconsistent with or does not unreasonably impair the public use to which said street or other public property may be dedicated. The Board of Commissioners shall fix the terms and conditions of any such grant and the time for which the same shall exist. The right is expressly reserved to the elty, acting through said board, to terminate such grant when deemed inconsistent with Art. II, Sec. S, Sub. 23. Franchises 31 the public use of the property of the city, or when the same may become a nuisance. 23. For the rights granted under the preceding section the city shall receive annual compensation to be fixed by the Board of Commissioners, not less than five ($5.00) dollars per annum. Such compensation shall be paid each year in advance on the second day of January. The failure to pay same when due shall operate as an absolute forfeiture of the right granted. 24. No street or other railway shall be authorized by the Board of Commissioners to lay tracks on or occupy the streets or alleys of the city until the owners of a majority of the front feet of property abutting on said street or alleys so to be oc- cupied have, in writing, consented thereto and said consents have been filed with said board; provided, the entire distance of such proposed line of railway shall be considered in determin- ing whether the owners of a majority of the front feet of abut- ing property have consented thereto, and the majority here re- quired shall be a majority of the front feet of the entire dis- tance of such continuous line, whether occupying one or more streets or alleys; and provided further, that after the consent of any property owner shall be given in writing as herein pro- vided for, he shall not be entitled to withdraw the same within twelve months after giving such consent, nor shall he be entitled to withdraw it thereafter if within such period the applicant for the easement shall file with the city the consents of enough of the property owners interested to authorize the Board of Com- missioners to grant such easement. 25. No switch shall be authorized by the Board of Com- missioners to be laid in such streets or alleys until the owners of a majority of the front feet of property in front of which sale switch is to be laid shall have filed with said board their writ- ten consent thereto. 26. The city of Dallas shall have the power, by ordinance or otherwise, to ragulate the speed of engines, locomotives and street cars within the limits of said city, and to require steam, interurban and electric railway companies to keep the streets over which they run properly drained and to light same wherev- er deemed necessary and to require steam, interurban and elec- tric railway companies to construct and keep in repair from curb to curb, bridges and crossings over all the ditches made or crossed by them, and to construct and maintain drains and cul- verts where crossed by any line of said railways on all streets over which they run; to direct and control the laying and con- struction of railroad tracks, turnouts and switches and to regu- late the grade of same, and to require them to conform to the 32 Franchises Art. II, Sec. 8, Sub. 26. grade of the streets of said city as they may hereafter be or are now established, and that said tracks and turnouts and switches be so constructed and laid out as to interfere as little as possible with the ordinary travel in the use of the streets; to require steam railways using any portion of the streets of the city lo pay all or any part of the paving, grading, draining and repair thereof along the streets so used by such railway, and to light the same whenever and wherever deemed necessary or advisa- ble; to require any street or electric railway company to pay the cost of the grading, paving, repairing or repaving, or otherwise improving the street or streets or intersections thereof used or occupied by such railway company and such cost shall be a lien upon the property and franchise of the company. The portion of the street occupied by an electric or street company shall be deemed to be the space between its tracks and twenty-four inches on the outside of each of its rails, and all the space be- tween double tracks, turnouts and switches. Any railroad company, interurban or street railway company proposing, with the permission of the city of Dallas, to occupy any street or streets already occupied by any other such com- pany shall, besides paying for paving as may be required by the city of Dallas or by the provisions of this act, he required also to pay for paving between the tracks of said two roads within twenty-four inches of the track of such other road, and such cost shall be a lien upon the property and franchises of the company; and if the Board of Commissioners shall so direct, said street or electric railway company may be required to pave the street or streets occupied by them from curb to curb. Should any railroad or street railway company propose to lay a track on any street or portion of a street which shall have been improved under the provisions of this act, it shall become liable for the portion of the cost of such improvement as the com.mission may direct, or as is fixed by this act. No railroad or street railway company shall be permitted to occupy any street or portion of a street, improved or otherwise not previously occu])ied by it, except with the permission of the Board of Commissioners. The City of Dallas shall have power, by ordinance, to require any street car or electric railway car or electric railway corpora- tion, operating street cars in, into or through the City of Dallas, to issue to its passengers transfers from any of its lines to any other lines within the city, upon the payment by said passenger of the fare or rate prescribed for one continuous passage, whether such line be owned by it or any other company, and in addition to tne penalties to be prescribed by ordinance for the failure to give transfers, shall have the right by mandamus or Art. 11. Sec. 8. Sub. 26a. Franchises ^3 other proper remedy in any court of competent jurisdiction, to enforce any ordinance requiring the giving of transfers by any street railroad company; and in addition thereto the City of Dallas may recover of the street railway company the sum of twenty-five dollars as penalty and liquidated damages for each and every failure to give a transfer. It shall be unlawful to grant, to continue, amend or extend any street railway franchise without binding any such railroad to give universal transfers, under provisions now fixed or hereafter to be fixed by general ordinance. 26a. All persons or corporations now operating or hereafter operating within the corporate limits of the city of Dallas, any interurban electric railway line, either on their own or other street railway tracks, shall be required to give reasonable local passenger service thereon within the corporate limits of the city of Dallas between all points on said interurban line or lines for a fare not exceeding five cents, and to that end shall be re- quired to stop passenger cars so operated by them at all street crossings in said city, to take on and let off local passengers, provided that this shall not apply to any portion of such interur- ban lines where local service is furnished by local cars to the same extent as is required under the foregoing provisions hereof. 26b. Any person, persons or corporation operating an inter- urban electric railway line within the corporate limits of the City of Dallas, who shall violate any of the provisions of the foregoing subdivision shall be liable to the City of Dallas, for a penalty of not less than $100.00 nor more than $500.00 for each offense, and which penalties shall be recovered and suit therefor shall be brought in the name of the City of Dallas, in any court of proper jurisdiction in Dallas County, by the City Attorney of said City of Dallas, Texas, or under his direction. 27. The City of Dallas shall have the power, by ordinance, to fix and regulate the price of water, gas and electric lights, and to regulate and fix the fares, tolls and charges of local tele- phones and exchanges; of public carriers and hacks, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates, tolls or charges, and the kind of service of all public utilities of every kind. 28. The City of Dallas shall have power to direct and control the laying and construction of railroad tracks, turnouts and switches and to require that they shall be so constructed and laid as to interfere as little as possible with the ordinary travel and use of the streets, and to require that they be kept in re- pair, to regulate and control the location of cable and other street and railroad tracks and all steam railroad tracks, and to 34 Franchises Art. II, Sec. 8, Sub. 29. require railway companies of all kinds to construct at their own expense such bridges, viaducts, turnouts, culverts, crossings and other things, as the Board of Commissioners may deem neces- sary; to regulate the speed of all railroad trains and street cars and interurban railways within the city limits and their stops at street crossings and to require railroad and street car com- panies and interurban railways to keep the streets through which they run, in repair, and to require all railroad companies and street railway and interurban companies to light the streets over or across which street railway, interurban or railroad cars are operated, whenever deemed necessary and to prescribe the kind of light to be used, and to levy special taxes or assessments upon them for street improvements the same as against property owners; to require all railroad companies, street railway com- panies or interurban railway companies to maintain gates or watchmen at street crossings when ordered by the Board of Commissioners. 29. To prevent and regulate the running of horse railway cars, or cars propelled by dummy engines or other power, the laying down tracks for same, the transportation of passengers thereon, the form of rail to be used, and everything used, and everything else concerning street railways and to levy special taxes or assessments against such roads for street improvement, the same as against the property owner. 30. The Board of Commissioners shall have the power to re- quire any corporation holding a franchise from the city to allow the use of its tracks, poles and wire by any other corporation to which the city shall grant a franchise, upon the payment of a reasonable rental therefor to be fixed by the Board of Commis- sioners. 31. Corporations enjoying franchises now or hereafter from the City of Dallas shall not be permitted to issue stocks or bonds, except for money paid, labor done, or property actually received. 32. In the event of the issuance of such stock or bonds the same shall not be issued either as to stock or bonds in excess of the money actually paid, or in excess of the reasonable value of the labor actually done, or property actually received. 33. Any stock or bonds issued in contravention of the pro- visions of this article shall be void. 34. Whenever any corporation enjoying a franchise from the City of Dallas shall desire to issue any stock or bonds, it shall file with the City Secretary a statement showing the an^ount of said stock or bonds proposed to be issued. Art. II, Sec. S, Sub. 35. Franchises ?,5 3'5. Whenever any corporation enjoying a franchise from the City of Dallas may desire to issue any stock or bonds subsequent to its organization, it shall file with the City Secretary a state- ment showing the amount of such stock and the amount of such bonds proposed to be issued, and showing the purpose for which the same are to be issued. 36. Upon application made, and after thirty days public notice thereof, the legislative authority of the City of Dallas, upon show- ing that the necessary interests of the corporations require it, and that such interests are not in conflict with the public inter- ests, may authorize a corporation enjoying a franchise from the City of Dallas to issue stocks and bonds with the restrictions herein imposed, provided, that the same shall be subject to the provisions of subdivisions 32 and 33 of this article, and provided further, that such authority shall never be given for the issuance of funding bonds to replace other bonds in excess of the amounts to which such bonds would be limited by the provisions of said subdivisions. 37. Every corporation holding a franchise or enjoying aa easement of any sort through, under or from the City of Dallas, shall be required to prepare and file annually with the Board of Commissioners, within sixty days after the close of the fiscal year of such corporation, a true, full and correct statement, based upon its condition at the close of such fiscal year and its trans- actions for the current year which shall exhibit (a) The amount of all stock issues of such corporation, and the divisions thereof. (b) An itemized statement of the indebtedness of such cor- poration, its nature and division, whether floating or bonded, and the interest payable on each item thereof. (c) An itemized statement of the income of such corporation and the amounts derived from each source of income. (d) An itemized and detailed statement of the expenditures of such corporation. (e) An itemized statement of all property of every kind owned by said corporation, wherever situate and the location and fair market value of each item thereof. (f) Said annual statement shall be verified by oath of a duly authorized officer or agent of such corporation, and shall be spread upon the minutes of the Board of Commissioners. If any person signing such annual report shall wilfully make a false representation therein, he shall he guilty of perjury, and punished therefor as provided by law. 36 The Board of Commissioners Art. Ill, Sec. 1. If any corporation required to file such report shall fail so to do as herein provided, it shall be the duty of the City Attorney, after due notice to such corporation of such intention, to bring a suit in the district court to forfeit the franchise granted by the city to such corporation, and if it shall appear to the court that such corporation has wilfully failed to make such report, it shall render judgment in said cause decreeing a forfeiture of such franchise and of all rights accruing thereunder to said corporation. ARTICLE III. The Board of Commissioners. 1. All powers conferred on the city shall, unless otherwise provided in this charter, be exercised by a Mayor and four Com- missioners, who together shall be known and designated as the Board of Commissioners, all of whom shall be elected by the qualified voters of the city at large and shall devote their entire time to the service of the city. The Mayor shall be ex-ofRcio president of said Board of Com- missioners, and shall have and exercise all of the powers of a member thereof. 2. On the sixth Tuesday after this act shall take effect, and bienially thereafter on the first Tuesday of April, there shall be elected at an election to be held in said City of Dallas, to be called as hereinafter provided, a Mayor and four Commis- sioners, who together shall compose said Board of Commission- ers, and who shall serve for the term of two years and until their successors shall be elected and shall qualify. Candidates for Mayor and for places on said Board of Commissioners shall be voted for separately, and candidates for Commissioner shall be designated on the official ballot as candidate for Commissioner No. 1, or No. 2, or No. 3, or No. 4 (said numbers to be printed after the designating title "Commissioner"), in accordance with the written requests which said candidate shall file with the City Secretary. Each candidate for Commissioner shall designate In the announcement of his candidacy, and in his request to have his name placed on the official ballot, the number of the place on the Board of Commissioners for which he desires to become a candidate, and such request to be placed on the oiRcial ballot shall be filed in writing with the City Secretary at least ten days before such election shall be held. The City Secretary shall pre- pare an official ballot in accordance with such requests and with the provisions hereof, and only such ballot shall be used at said city election. The candidate at said election for Mayor or for a place on said Board of Commissioners who shall receive a ma- Art. III. Sec. 3. The Board of Commissioners 37 jority of all the votes cast for the office for which he is a can- didate shall be declared elected to such office. In the event any candidate for either of said offices fail to receive a majority of all votes cast for all the candidates for such office at such elec- tion, the Mayor of said cit.y shall, on the first day following the completion of the officia.' count of the ballots cast at said first election, issue a call for a second election to be held in said city on the second Tuesday following the issuance of such call, at which said election the two candidates receiving the highest number of votes for any such office to which no one was elected at said first election by receiving' a majority of all votes cast thereon, shall be again voted for. The official ballot to be used at said second election shall be prepared by the City Secretary and the name of no person shall appear thereon unless he was a candidate for the office designated at said first election, and the two persons receiving at said first election the first and second highest number of votes cafet for candidates for such office shall be entitled to have their names printed on said official ballot, in the order of their standing in the computation of the votes cast at said first election, as candidates at said sec- ond election for such office; provided, that in the event any per- son who was a candidate at said first election and who shall be entitled to become a candidate at said second election shall fail to request that his name shall appear on the official ballot there- for, as herein provided, the candidate for such office standing next in the computation of votes shall succeed to his rights with respect thereto; provided, further, that two candidates for such office at said first election shall be entitled to become candidates therefor at said second election, which two candidates shall be those two among such candidates as shall stand highest, respec- tively, in the computation of votes cast for such of said candi- dates at said first election as shall file written requests to be placed on the official ballot as candidates for such office at said second election. In the event of a tie in the vote for the two leading candidates for any office at said first election, said office shall be filled at a second election, as herein provided for, at which such candidates, so tied in said first election, may again become candidates. In the event they, or either of them, shall fail so to do, the two candidates for such office who lead in the computation of votes therefor and who desire to become candi- dates therefor at said second election, shall be entitled so to do, in the order of their respective votes at said first election. In the event of a tie between the two candidates for any office at said second election they shall cast lots to determine who shall be elected thereto. 3. In case a primary election is held pursuant to the call or 38 The Board of Commissioners Art. Ill, Sec. 4. under the direction of any political party, or of any association of individuals for the nomination of candidates for the offices of Mayor and Commissioners, the candidates or persons voted for in said primary election shall be voted for at large by all of the legally qualified voters in said city and upon the same plan and under the same system as provided for in the preceding section, it being the purpose of this act to nominate and elect at large in said city the Mayor and Commissioners, without restricting the nomination of candidates for either position to any smaller designated territory within the limits of said city. A candidate for any such office who shall fail to receive in any primary election a majority of all the votes cast for all candidates for such office shall not be entitled to have his name placed on the official ballot as a candidate for such office at the regular elec- tion. Any primary election held to select a candidate or candi- dates for Mayor and for members of said Board of Commission- ers which is not conducted under the majority rule system pro- vided for in Section 2 shall be illegal and void, and the nominees thereof shall not be entitled to have their names placed on the official ballot to be used in the regular election. Independent candidates for Mayor or for positions on said Board of Commissioners shall be entitled to have their names placed on the official ballot to be used in the regular election by filing with the City Secretary, not less than ten days before such election, a written petition therefor, which shall be signed by such candidate and by at least one hundred qualified voters of said city. 4. Any primary election and all regular and special elections held in and for said city shall be governed in all respects by the general election laws of' the State, except as herein specially provided. 5. Each member of the Board of Commissioners, shall, in addition to the other qualifications prescribed by law, be at the date of his election a qualified voter of the City of Dallas, and shall not be in arrears in the payment of any taxes or other liabilities due the city. 6. The Mayor shall be a member of the Board of Commis- sioners with all the rights, powers and duties appertaining thereto. Hes shall be the chief executive officer of said city, and sEall see that all the laws thereof are enforced. It shall be his special duty to see that the conditions of -all franchises granted by the city are faithfully complied with, and that all contracts made with the city are faithfully executed. He shall nominate all appointive officers of the city except Auditor, and such nominations shall be subject to confirmation by the Board Art. Ill, Sec. 7. The Board of Commissioners .SO of Commissioners, by a majority vote thereof. The Mayor shall not be entitled to vote as a member of said board upon the question of the confirmation of any nomination for office so made by him, but shall be entitled to vote upon all other ques- tions that may be submitted to or acted upon by said board. The officers to be thus nominated by the Mayor and confirmed by the Board of Commissioners shall be all officers whose pow- ers, or duties or salaries are prescribed and defined by ordi- nance Of said city. The salary of the Mayor shall be four thou- sand ($4,000) dollars per year, payable in equal monthly install- ments. The Board of Commissioners shall at the beginning of their terms of office elect by ballot, by a majority vote of all the members thereof, one of their number to act as Mayor pro tem, and the Commissioner so chosen shall be invested with all the powers, and shall perform all the duties of the Mayor, during his absence or sickness. 7. In case of the death, resignation or permanent disa- bility of the Mayor, or whenever a vacancy in the office of the Mayor shall occur for any reason, the .Mayor pro tem shall act as Mayor, and shall possess all the rights and powers of the Mayor, and perform all of the duties and receive his- salary un- der the official title, however, of "Mayor pro tem," until an election is ordered by the Board of Commissioners to fill the vacancy in the office of the Mayor. Said election, should a vacancy occur in the office of Mayor, shall be called by the Board of Commissioners and held within thirty days thereafter, and notice by publication given for at least twenty days, as may be required by law; provided, that in the event such va- cancy should occur within ninety days of the next regular elec- tion to be held either for members of the Board of Education or for members of the Board of Commissioners said election for Mayor shall be held at said next regular election. 8. The Board of Commissioners, at their first meeting after election, or as soon thereafter as may be practicable, shall, by a majority vote, designate from among their members one Com- missioner who shall be known as "Police and Fire Commis- sioner," and who shall have under his special charge the en- forcement of all police regulations of said city, and general supervision over the fire department thereof; one Commissioner to be known as the Commissioner of "Streets and Public Property," who, except as herein otherwise provided, shall have under his special charge the supervision of the streets, alleys, public grounds and other property of said city, and be charged with the duty of lighting the streets and keeping the streets. 40 The Board of Commissioners Art. HI, Sec. 9. alleys, public grounds and property in a clean and sanitary condition and with the enforcement of all rules and regulations necessary to these ends, and who shall also have under his special charge the supervision of all public improvements, ex- cept as herein otherwise provided, and shall see that all con- tracts therefor are faithfully complied with; and one Commis- sioner to be known as the "Waterworks and Sewerage Commis- sioner," who shall have under his special charge the construc- tion, maintenance and operation of the waterworks, sewer sys- tem and departments of said city, and shall see to the enforce- ment of all regulations with respect to said department and with respect to all the revenues pertaining thereto; and one Commissioner who shall be known as the "Commissioner of Finance and Revenue," who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and collection of all revenues belonging to said city from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of such city. It is expressly provided that the number by which a Commissioner was designated upon the official bal- lot shall bear no relation to and shall in no manner be consid- ered in the determination of the particular position or office to be assigned to any Commissioner. Said Commissioners shall perform all of the executive duties of the respective depart- ments to which they may be assigned, as above provided, but said board, as a whole, shall have supervision of and be res- ponsible for the administration of each of said departments. The salary of each of said Commissioners shall be three thou- sand dollars per year, payable in monthly installments. 9. The Commissioners named as the head of each depart- ment shall audit all accounts or claims against it, unless he be absent or fail or refuse so to do, in which event the Mayor shall appoint another Commissioner to act in his stead during his absence, or to audit such claims and accounts as the said Com- missioner shall fail or refuse to act upon; but before payment all accounts shall be acted upon and approved by said Board of Commissioners at a meeting of said board. Said board shall require a statement to be published monthly in the official news- paper of said city showing a full, clear and complete state- ment of all taxes and other revenue collected and expended during the preceding month, indicating the respective sources from which the moneys were derived and also indicating the disposition made thereof, and showing all disbursements dur- ing said period. 10. The Mayor and each member of the Board of Commis- Art. Ill, Sec. 11. The Board of Commissioners 41 sioners shall be required to give bond in the sum of ten thou- sand dollars for the faithful discharge of his duties. 11. The Board of Commissioners shall be vested with the power and charged with the duty of adopting all laws and or- dinances not inconsistent with the Constitution and laws of this State touching every object, matter and subject within the purview of the local government instituted by this act. 12. Every ordinance, resolution or motion of the Board of Commissioners shall, before it takes effect, be presented to the Mayor for his approval and signature. If he approve it, he shall sign it; if he disapproves it, he shall specify his objection thereto in writing within two days and return the same to the Board of Commissioners with such disapproval. If he does not re- turn it with such disapproval, nor sign it, it shall, after two days be in effect and force, as if he had approved it. A veto by the Mayor shall suspend the act of the Board of Commissioners for seven days, after which time the Board of Commissioners may pass the same over the veto of the Mayor by a majority vote, but in all such cases the Mayor shall not be deprived of his right to vote as a member of the Board of Commissioners by reason of such veto. In case the Mayor's veto is sustained, the matter shall not again come before the Board of Commissioners within six months. In ordinances or resolutions making appropriations, the Mayor may veto any or every item therein, but such veto shall not extend to the items not vetoed, and those which he approves shall become effective and those which he disapproves shall not become ef- fective, unless passed over his veto in the manner above speci- fied. 13. The Board of Commissioners shall have control and sup- ervision over all the departments of the city, except as herein otherwise provided, and to that end shall have power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management and operation of all the departments of said city and whatever agencies may be created for the administration of its affairs. They shall have power to create such offices as they may deem necessary for a prudent and successful administration of the affairs of the city, and to fix the salaries of the persons ap- pointed thereto; provided, that the term of any such office so created by them shall never exceed the period of one year, and they shall have power to abolish at any time any such office and to terminate the official duties and relations of the person occupying the same. The Mayor shall propose and submit to the Board of Commissioners nominations for all of- 42 The Board of Commissioners Art. Ill, Sec. 14. fices created by said board, and said nominations shall be sub- ject to confirmation by a majority vote of the board, not in- cluding the vote of the Mayor. In the event any such nomina- tion by the Mayor shall fail of confirmation by the board, it shall be the duty of the Mayor to make a temporary appoint- ment of an officer pro tem to discharge the duties of said po- sition, who shall not have been rejected by the board as a nomi- nee of the Mayor for said office, and to submit another nomi- nation to the Board of Commissioners, and to continue to so submit other nominations until one shall be ratified and con- firmed by said board. Each member of the Board of Commissioners shall have the right to propose and name the employes in the department or departments under his immediate supervision, but a majority of the board shall have the power to reject any such proposal and to discharge any officer or employe of the city except the City Attorney, Corporation Judge and Auditor. All salaries and wages to be paid employes of the city, except as otherwise pro- vided herein, shall be fixed and paid by the Board of Commis- sioners, acting as a whole, and shall not become effective un- less at least three members of the board shall vote therefor. 14. The Board of Commissioners shall meet at least three times in every week in regular meeting at such times as shall be fixed by said board, at the city hall in said city, to consider and take under advisement and act upon such business as may come before them. A majority of said board shall constitute a quorum for the transaction of all business, but no action of said Commissioners shall be effective unless upon a vote of the m.ajority of such quorum, and no ordinance shall be passed or become effective without receiving the votes of at least three members of the board. No final action shall be taken in any matter concerning the special department of any absent Com- missioner unless such business has been made a special order of the day by action at a previous meeting of the board, or such action is taken at a regular meeting of the board. Special meet- ,ings may be called by the Mayor or by any two members of said board at any time to consider only such matters as shall be mentioned in the call for said meeting, and written notice thereof shall be given to each member of said board. All ses- sions of said board, whether regular or called, shall be open to the public. 15. It shall be the duty of the Mayor, from time to time, to make such recommendations to the Board of Commissioners as he may deem to be for the welfare of the city, and on the first Monday in May of each year, or as soon thereater as prac- ticable, to submit to the Board of Commissioners the annual Art. Ill, Sec. 16. The Board of Commissioners 43 budget or estimate of the receipts and expenses of the city for the fiscal year, each item in which may be increased, re- duced or omitted by the board, subject to the veto power of the Mayor. 16. It shall be the duty of the Board of Commissioners, on the second Monday in May, or as soon thereafter as practicable, to appropriate such sums of money, respectively, for each of the various departments of the city government as it may deem necessary for the maintenance and operation thereof during the current year. The current fiscal year shall begin at 12:01 o'clock, noon, on the first day of May of each year. In addition to the departmental appropriations herein pro- vided for, the Board of Commissioners shall also make such ap- propriations for contingent purposes, as may be deemed neces- sary. The appropriations herein provided for shall be based upon estimates submitted by the Mayor in his annual budget, pro- vided the same shall have been submitted to the board as here- in provided. The head of each department created by the Board of Com- missioners shall make a written report to the Mayor, not later than the 5th day of May in each and every year, showing the operation of such ""epartment for the preceding year. These re- ports shall be transmitted to the Mayor and shall accompany and be made a part of the Mayor's report to the Board of Com- missioners, which report shall not be made later than the sec- ond Monday in May in each year. The Mayor shall also make such recommendations to the Board of Commissioners concerning the increase or decrease of departmental estimates as in his judgment may best serve the interests of the city. He shall also submit an estimate for a special contingent fund for the current year- In making up the budget allowance for any current year, the Board of Commissioners shall first make provisions for the pay- ment of the interest and the creation, setting aside and pre- servation of a legal sinking fund upon all of the outstanding indebtedness of the city, and make provision for the mainten- ance of the public school system of the city as herein elsewhere provided, and shall then make such appropriations as the re- maining revenues of the city may justify, to be appropriated among the respective departments, or otherwise appropriated for public uses, as the Board of Commissioners may deem best; provided, however, that in no case shall the entire appropria- tions so made, comprehending interest and sinking fund on the bonded debt, and appropriations for all other public uses and 44 The Board of Commissioners Art. Ill, Sec. 17. purposes, ever exceed the estimated available resources, which shall be based upon the probable revenue of the city derived from ad valorem taxes upon the basis of the total valuation of ths property for taxation for the preceding year, and of such, other contingent revenues of the city as will probably accrue. It shall be deemed a malfeasance for the Board of Commis- sioners to make an appropriation in the budget, the sum total of which shall exceed the estimated available or probable rev- enues for any current fiscal year. 17. The Board of Commissioners at its second regular meet- ing in June of each year, or as soon thereafter as practicable, shall levy the annual tax for such year, but special taxes or assessments allowed by this charter may be levied, assessed and collected at such times as the Board of Commissioners in each case may provide. 18. The Board of Commissioners shall have full power to provide, by ordinance, for the prompt collection of taxes as- sessed, levied, and imposed under this charter, and are hereby authorized, and to that end may and shall have full power and authority to sell or cause to b& sold all kinds of property, real and personal, and may and shall make such rules and regula- tions, and ordain and pass all ordinances deemed necessary to the levying, laying, imposing, assessing and collecting of any taxes provided for in this charter. Unless otherwise provided by this act and by ordinances passed thereunder, all property in such city liable to taxation shall be assessed in accordance with the provisions of general laws of the State, in so far as applicable. 19. The Board of Commissioners shall have the management and control of the finances of the city except as otherwise here- in provided. They shall have the power to appropriate money and provide for the payment of debts and expenses of the city; to provide by ordinance special funds for special purposes pro- vided for under the provisions of this charter, and to make the same disbursable only for said purposes, and to impose proper penalties for enforcing the same; to provide by ordi- nance for the payment of any existing and outstanding indebt- edness and for the payment of any bonds that may from time to time, be issued, and shall for such purposes have the power- to levy, assess and collect a special tax. 20. The Board of Commissioners shall have the power to fund or refund by ordinance the whole or any part of the ex- isting debts of the city, or any future debt by acquiring and canceling the evidence thereof and to issue other bonds in lieu Art. Ill, Sec. 21. The Board of Commissioners 45 thereof, either registered or coupon, bearing Interest at a rate not greater than the original indebtedness, and to this end may apply the sinking fund belonging to any series of bonds so re- funded, and may pay and retire any bond by using the sinking fund thereof. 21. Neither the Mayor nor any other member of the Board of Commissioners, nor any elective or appointive employe of the city, shall be directly or indirectly in the employ of any person, company, or corporation holding or seeking to hold any franchise of the City of Dallas, or shall receive, directly or in- directly, any wage, commission, fee, gift, favor or payment from any such franchise holder, and a violation of this section shall ipso facto render vacant the position held by the person so violating it, and shall be punished as bribery. No member of the Board of Commissioners or Board of Edu- cation or any other officer of the city shall be directly or in- directly interested in any work, business oT contract, the ex- pense, price or consideration of which is paid from the City Treasury, or by any assessment levied by ordinance or resolu- tion of the Board of Commissioners; nor be the surety of any person having any contract work or business with said city for the performance of which security may be required, nor be the surety on the official bond of any officer of the city. Contracts in violation of said provision shall be void and no member of the Board of Education shall be at any time during his term of office directly or indirectly interested in or in the employ of any school book publishing or furnishing company or concern or school furniture company or concern. 22. The Board of Commissioners shall by ordinance adopt such rules and regulations for its gov'ernment and order of busi- ness as its members may deem best. It shall be the judge of the qualifications and election of its members, including the Mayor, and shall have authority to recount the votes cast for either of its members, and to correct the result which may have been theretofore declared, in the event notice of a contest of any such election shall be given within thirty days after such election shall have been held. It shall also be the judge of the election and qualification of all other city officers subject to the provisions of this act applying thereto. It may punish members, or other persons, during its sitting by fine for disor- derly conduct. 23. Each Commissioner and the secretary of the Board of Commissioners shall be, and they are hereby authorized to ad- minister oaths in the municipal affairs and government of the city. 46 City Attorney Art. IV, Sec. 1. 24. If a vacancy shall occur in the Board of Commissioners (excepting the Mayor) or the office of City Attorney or Corpor- ation Judge, the Mayor shall nominate a person to fill the un- expired term of such office, and submit his name to the Board of Commissioners. If such nomination shall receive the approval of three members of the board, not including the Mayor, said appointment shall take effect from the date of such confirma- tion. In the event said board shall fail or refuse to confirm such nomination, the Mayor shall submit another nomination of a different person for said office, and shall continue so to do until a nomination so made by him shall be confirmed by the Board of Commissioners. In the event of a vacancy in the office of City Attorney, or Judge of the corporation court, vi^hich shall not be promptly filled as above provided, it shall be the duty of the Mayor to appoint an officer pro tem to perform the duties of such vacated office, which said pro tem officer shall be en- titled to receive the regular salary for said services for the time he shall perform them, and shall serve in said capacity, until said office shall be filled in accordance with this act. In the event a vacancy shall occur in the office of Auditor it shall be the duty of the nominating board created under the provisions of this act to convene and make a nomination or nominations for said office until the same shall be filled in ac- cordance with said provisions. ARTICLE IV. Other Officers and Their Duties. The :\layor shall on the second Tuesday in April, 1908, and on the fourth Tuesday in April, 1909, and biennially thereafter, submit to the Board of Commissioners a nomination for the office of City Attorney, 'and said board shall confirm or reject such nomination by a majority vote thereof, not including the Mayor. The votes of three members of said board shall be sufficient to confirm or to reject such nomination and in the event such nomination shall be rejectea, it shall be the duty of the Mayor to submit the name of a different person to the Board of Commissioners as nominee for said office and he shall continue so to do until a nomination so made by him shall be confirmed by said board. The City Attorney shall receive such salary as shall be fixed by the Board of Commissioners at the beginning of his term and said compensation shall not be increased or diminished during his term of office. The City Attorney chosen in 1908 shall serve until his successor shall be chosen as herein pro- vided and shall qualify. Said officer shall represent the city in Art. IV, Sec. 2. Corporation Court 47 all litigation and controversies. The Board of Commissioners shall be empowered at its discretion to employ an assistant or assistants for said officer, and to fix the compensation to be paid for such service, and such City Attorney and his assistants shall have authority to administer oaths and affidavits. It shall be the duty of the City Attorney to approve in writing all proposed ordinances before they shall be adopted, or to file with the Board of Commissioners in writing his objections thereto. It shall be his duty to draft all proposed ordinances granting franchises, and in the event he shall not approve any such proposed ordinance, it shall be his duty to file with the Board of Commissioners, in writing, his objections thereto. It shall be the duty of said officer to inspect and pass upon all papers, documents, contracts and other instruments in which the city may be interested. He shall be the legal adviser of the Mayor, the Board of Commissioners and Board of Educa- tion, or any committee thereof, and all city officers and employes with respect to any legal question involving an official duty or any matter pertaining to the affairs of the City of Dallas. The City Attorney shall perform such other duties as the Board of Commissioners may direct. Whenever it shall be brought to the knowledge of the City Attorney, through the affidavit of ten creditable persons or otherwise, that any person, firm or corporation exercising and enjoying any franchise or privilege from the City of Dallas has been guilty of a breach of any con- dition of such gr^nt, or has failed to comply in any material matter with the terms and stipulations thereof, it shall be the duty of said officer to make report of said matter to the Board of Commissioners, together with all facts bearing upon the same which may be brought to his attention. If said board shall determine that said complaints are well founded, it shall be its duty to take such action as may be necessary; and in the event the offending corporation shall fail or refuse to con- form to such orders as it may make with respect thereto, it shall be the duty of the board to direct the City Attorney to institute suit in the court having jurisdiction thereof against such person, firm or corporation so offending to obtain a judg- ment of forfeiture of said franchise or privilege. 2. There shall be a court for the trial of misdemeanor of- fenses known as the "Corporation Court," with such powers and duties as are defined and prescribed in an act of the Legis- lature of the State of Texas, and any acts amendatory thereof, entitled, "An Act to establish and create in each of the cities, towns and villages of this State, a State court, to be known as the 'Corporation Court' in each city, town or village, and to prescribe the jurisdiction and organization thereof, and to abolish 48 Corporation Court Art. IV, Sec. 2. 'municipal courts;"" said act having been presented to the Gov- ernor of Texas March 15, 1899, and not having been by hira dis- approved. The Magistrate of said court shall be l^nown as the "Judge of the Corporation Court," he shall be a qualified voter of the City of Dallas, shall be appointed by the j\Iayor and confirmed by the Board of Commissioners, shall hold his office for two years, un- less sooner removed by impeachment, and shall receive such salary as may be fixed by the Board of Commissioners, which salary shall not be increased or diminished during his term of office. There shall be a clerk or clerks of said court, and such deputies as may be created or provided for by ordinance adopt- ed by the Commissioners, which deputies shall be appointed by the Mayor and confirmed by the Board of Commissioners, shall be subject to removal at any time by the Board of Com- missioners, and shall receive such salary as may be fixed by the Board of Commissioners. The clerk or clerks of said court and the deputies thereof shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally to do and perform all things and acts usually or necessary to be performed by clerks of courts in issuing process of said courts and conducting the business thereof. The Board of Commissioners may require such clerk, clerks or deputies created by it to perform such other duties, in addi- tion to the duties of clerk or deputy clerk, as may be prescribed, or may provide that some other employe or employes of the city, in addition to other duties, may perform the duties of such clerk or deputy clerk, without extra compensation. The Mayor shall within fifteen days after his election and qualification for the years 1908 and 1909, and biennially thereaf- ter, nominate and submit to the Board of Commissioners for confirmation, the name of a person proposed by him for the office of .ludge of said corporation court. Said officer shall be a regularly licensed and practicing attorney and a qualified voter of the City of Dallas, and shall have resided in said city at least three years before said appointment. He shall receive for his services such compensation as may be fixed by the Board of Commissioners and such compensation shall not be changed during his term of office. If the Board of Commissioners should fall or refuse to con- firm any nomination for judge of the corporation court, it shall be the duty of the Mayor to submit another nomination for such office and to continue so to do until a nomination shall be con- firmed. The Mayor shall have authority to make a temporary appointment to fill a vacancy in said office, to continue until an Art. IV, Sec. :!. City Auditor 49 appointment thereto made and submitted by him to the Board of Commissioners shall be confirmed thereby, which said tem- porary appointee shall not have been theretofore rejected by the Board of Commissioners as a nominee for said office. 3. The presidents of the several banks situated in the City of Dallas, incorporated under any act of Congress or the laws of the State of Texas, and in existence at the time this act shall take effect, and their successors in said offices, who shall qualify by taking the oath of office prescribed by the Constitution of the State of Texas, shall be and are hereby constituted a nominating board, which shall be empowered, by a majority vote of the acting members of said board, to nominate an Audit- or for the City of Dallas. Said board shall meet within fifteen days after the first day of April of the year 1908. and shall organize by electing a president and secretary from its own m.ember3. Three members shall be sufficient to constitute a quorum. Said board shall then proceed to select, by ballot, a nominee for Auditor, and shall certify such action to the Board of Commissioners. It shall be the duty of said board, imme- diately on receipt of such certificate from said nominating board, to convene and to confirm or reject such nomination. If three members of said board shall vote to confirm such nomi- nation, it shall be confirmed, and if three members of the board shall vote to reject the same, it shall be rejected, and in such event, the board shall certify its action to said nominating board, which shall then propose the name of a different person for said office, to be selected by it as hereinafter provided, and shall thus continue to make nominations for said office until a person thus nominated shall be confirmed by the Board of Com- missioners. In the event the Board of Commissioners should fail or refuse to confirm the first nomination made by said nominating board, it shall be the duty of such nominating board to designate an Auditor pro tem. who shall be 'empowered to perform all the duties of Auditor and shall receive the salary of said officer until said office shall finally be filled by confirm- ation, by the Board of Commissioners, of a nomination made by said nominating board in accordance with the provisions of this section. The person thus nominated and confirmed as Auditor in the year 1908, shall serve in said capacity until the 15th day of April, 1909, and until his successor shall be chosen and shall qualify. Within fifteen days after the first day of April, 1909, and biennially thereafter, said nominating board shall meet and propose a nomination for said office, and the same shall be acted on by the Board of Commissioners chosen during said month as herein provided; said officer chosen in the year 1909, and thereafter, shall serve for the term of 50 Officers Art. IV, Sec. 5. two years and until his successor shall be chosen and shall qualify. It shall be the duty of the Auditor to examine in detail all bills, accounts and claims against the said city, and if found correct, to sign his name in approval thereof, but if found in- correct he shall return them to the party presenting the same for correction. He shall be the general accountant of the said city, and shall keep in books regular accounts of all real, per- sonal and mixed property of the said city; of all receipts and disbursements of money; and under proper heads, separately, each source of receipt and the cause of each disbursement; and shall also keep an account with each person, including the of- ficers, who have money transactions with the said city, credit- ing amounts allowed by proper authority, and specifying the particular transaction to which such entries apply. It shall be his duty at least once in each month to examine the books of account of all officers of said city charged with the receipt and disbursement of money, and if they be found incorrect, to at once make a report in writing of the same to the Mayor. It shall also be his duty to examine all warrants and counter- sign the same after appropriation has been duly made to pay the same by said Board of Commissioners. He shall certify to the correctness of all monthly reports which shall be published by the Board of Commissioners as required by Article 3 here- of. It shall be his duty to ascertain whether any expenditure made or proposed to be made by the city is excessive, either in the price of the thing purchased, the computation of the charge or otherwise, and if he shall so find, he shall make report there- on to the Board of Commissioners and state the facts in his certificate to be attached to the nionthly report to be published as herein provided for. He shall receive for his services a salary of three thousand dollars ($3000) per annum, payable in equal monthly installments, and shall give bond for the faith- ful performance of his duties in the sum of ten thousand dollars ($10,000), with two or more good and sufficient sureties, to be approved by the Mayor and by the Commissioner of Finance and Revenue. 5. The City Attorney, .Judge of the Corporation Court and Auditor, shall each serve for the period of two years; provided, the appointments thereto made in the year 1908, shall run for the period of only one year and until the successors of such officers shall be chosen. The City Attorney and Judge of the corporation court shall receive such compensation as may be fixed by the Board of Commissioners at the beginning of their term.s, and such compensation shall not be increased or dimin- ished during such terms. Art. IV, Sec. 8. City Treasurer 51 6. The City Attorney, Judge of the Corporation Court and Auditor shall not be subject to removal from office by the Board of Commissioners, but such above named officers and Mayor and each member of the Board of Commissioners may be re- moved by impeachment in the manner provided by general law for the impeachment of county officers. 7. The Board of Commissioners shall have power to provide for such other officers and employes as may be necessary, to fix the compensation to be paid thereto, and to employ such service and to make such compensation therefor as may seem expedient and necessary to the board; provided, that a majority thereof shall approve such action, and provided further, that all officers other than those specially mentioned herein shall hold their offices for a term of not exceeding one year, and shall be subject to removal at any time by the Board of Com- missioners. 8. Ttie office of City Treasurer shall be let by contract to the highest and best bidder in the discretion of the Board of Commissioners. The Board of Commissioners shall, not less than thirty days prior to the expiration of the term of office of the present City Treasurer, and every two years thereafter, advertise for bids for the said office, stating what said bids shall specify and the terms on which such bids shall be re- ceived. The Treasurer appointed by conuact shall nevertheless be an officer of the city and subject to the same duties as a Treasurer otherwise elected. Said Treasurer shall give such bond as (he Board of Commisisoners may require, conditioned for the faithful discharge of his duties. He shall receive and securely keep all moneys belonging to the city, and make all payments for the same upon an order signed by the Mayor and countersigned by the Auditor, except that payments from the school funds shall be upon an order signed by the president of the Board of Education, countersigned by the Auditor and at- tested by the secretary of said board; provided, that no order shall be paid unless it shows upon its face that the Board of Commisisoners or Board of Education, as the case may be, has ordered its issuance, and for what purpose. He shall render a full and correct statement of his receipts and payments to the Board of Commissioners at their first regular meeting in every month, and at such other time as the Board of Commissioners may require. He shall perform such other acts and duties as the Board of Commissioners may require, and shall receive for his services five ($5) dollars per annum. 52 Public Schools Art. V, Sec. 1. ARTICLE V. Public Schools. 1. The city ))ublic schools ahaii be under the management and control of a Board of Education, composed of a president and six members, who shall be elected on the first Tuesday of April, 1908, and at a regular election to be held biennially there- after on the first Tuesday of April, and shall hold their offices for two years and until their successors are elected and quali- fied. Any vacancy occurring in the Board of Education shall be filled by an election to be held by said board, and the person elected shall hold offi.ce for the unexpired term. The members of said board shall serve without compensation, shall have ex- clusive control of the public scnools of the City of Dallas, and shall have full and ample authority, in accordance with the provisions hereof, to provide necessary school buildings and facilities, and to open and conduct a sufficient number of schools to m.eet the wants or the scholastic population of the City of Dallas, so far as they can do so by pruden-t and judicious ap- plication of tne means made subject to their administration and management. Among the powers hereby conferred on said Board . of Education, the following are for greater certainty enumerated: To contract for, lease and purchase lots, and to construct buildings for school purposes, and to make all need- ed repairs and alterations in same; to furnish said school build- ings with all appropriate furniture, fixtures and apparatus; to sell or dispose of school property when the same is necessary or advisable; to lay off the city into such school districts as, in the judgment of the said board, shall be proper; to increase or diminish said districts, and to change the boundaries thereof at pleasure; to employ superintendents, teachers and such oth- er persons as may be necessary, and to fix their compensation and prescribe their duties, and to establish all' such regulations and rules deemed necessary by the board to provide and' main- tain an efficient system of public schools in the City of Dallas. The Board of Commissioners, when levying the annual tax for the fiscal year, shall levy an ad valorem tax of one-fourth of one per centum of the taxable value of the City of Dallas for that fiscal year, and said tax, when collected, shall be deposited with the City Treasurer by the Board of Commissioners to the credit of the school fund, which said sum, together with all sums received from the State, county and other scliool funds, shall be held by the City Treasurer subject to the order and disbursement of the Board of Education, and shall be paid out upon warrants issued by order of said Board of Education, audited by the City Auditor and signed by the president and secretary of the Board of Education. An official statement or Art. V, Sec. 2. Public Schools 53 copy of all contracts, claln^s, accounts, pay rolls and demands of whatever nature whereby any money is to be disbursed or expended from the school funds and also com])lete annual re- ports showing the operations of the schools, shall be filed with the City Auditor, who shall examine, adjust and audit all claims, accounts, pay rolls and den:ands before same shall be i)aid. The school board may enter into contracts by competitive bids with publishers and dealers in school supplies for furnishing to the patrons or pupils of the public schools of the city any and all books, stationery and school supplies required by the city schools at such prices as may be agreed upon by and between the board and such publishers or dealers, in no case to exceed the list prices of the same articles in the book stores of the city, and when such contracts or agreements are made by the Board of Education it shall be the duty of the secretary of the Board of Education to keep constantly on hand, and to furnish to the patrons or pupils of the city schools, the various books, station- ery and supplies thus agreed upon and at the prices agreed upon by the Board of Education; provided, that no profit, com- pensation or commission shall ever be allowed to or collected by said board, its secretary or any member thereof, upon the agreed or contract prices at which the publishers or dealers furnish the same to the Board of Education under any such agreement or contract, provided, that this subdivision of this act shall be subject to the provisions of the uniform text book act applying to the same subject matter. 2. The president of the Board of Education shall be elected and hold his offlce as hereinbefore provided. He shall preside over all meetings of the Board of Education, and in case of a tie on any question, he shall give the casting vote, but in elec- tions he shall vote as other members of the board. He shall be active in enforcing the laws, rules and regulations governing said board. He shall, from time to time, give information about the condition of affairs, and recommend for consideration such measures as he deems best for the schools. At the first regu- lar meeting of the Board of Education after the general elec- tion or as soon thereafter as practicable, the president shall ap- point the standing committees of the board, and the president shall be exofficio a member of all committees of the board. He shall have the power to veto any resolution, by-law, motion or order passed by the Board of Education, by filing his writ- ten objections within three days after the passage thereof, Sun- days and day of passage excluded, at the next meeting, or as soon thereafter as practicable, the board shall consider such objections, and unless the board shall pass the measure over his veto by a two-thirds vote of all the members, taken by yeas 54 Park Beard Art. VI, Sec. 1. and nays, such measure shall be of no effect. The regular meet- ings of the board shall be at such times as the board may fix by resolution or otherwise, but the president, on his own mo- tion, may call special meetings by written notice thereof served upon each member or left at his place of abode or usual place of business. At the first meeting of each new board, or as soon thereafter as practicable, the board shall elect one of the members vice-president, w^ho shall hold his office for two years. In case of absence, failure, inability or refusal of the president to act, the vice-president shall perform the duties of the presi- dent. In the absence of the president and vice-president, any one of the members may be chosen to preside. 3. The Board of Education shall have power, when money for that purpose is available from the general fund, or is voted therefor by special tax, to establish and maintain a system of kindergartens in connection with the public schools. 4. Whenever the amount involved in any purchase or sale of property proposed to be made by the Board fo Education shall equal or exceed the sum of one thousand dollars, it shall be the duty of said board to certify its action with respect to said matter to the Board of Commissioners, and said board shall have power to veto and nullify said action within five days after being notified thereof, but to become effective such veto must be supported by and receive the votes of four members of said board and such action must be taken within five days after notice in writing of the terms of such proposal shall have been filed by the Board of Education with the Board of Commis- sioners. ARTICLE VI. The Park Board. 1. Within thirty days after the 1st day of April, 1908, or as soon thereafter as practicable, and on the fourth Tuesday in April, 1909, and biennially thereafter, the Mayor shall appoint four qualified voters of the City of Dallas, subject to confirma- tion by the Board of Commissioners, who shall, with the Mayor, constitute the Park Board of said city, and who shall serve for a period of two years and until their successors are appointed and qualified. Said Park Board shall have exclusive jurisdic- tion over the control, management and maintenance of the public parks of the City of Dallas with power to acquire in the name of the city land for park purposes, except as herein other- wise provided. 2. All funds appropriated and set aside for public parks. Art. VI, Sec. 3. Park Board 55 whether derived from appropriations made by the Board of Commissioners, or from tax levies, or from any other source whatsoever shall be deposited with the City Treasurer to the credit of the park fund, and paid out only upon order of said Park Board after same shall have been audited by the City Auditor. 3. The Park Board shall adopt rules and regulations as it may deem best for the management of the public parks of the city, and shall elect one of its members president of the Park Board. The said Park Board shall render to the Board of Commis- sioners quarterly reports for the quarters ending the last day of September, December, March and June, or as soon after the end of each quarter as practicable, showing in detail all the transactions of said board for that quarter. 4. The Board of Commissioners when levying the taxes for each fiscal year shall levy an aa valorem tax of one-tenth of one per cent of the assessed value of all real and personal prop- erty in the city not exempt from taxation by the Constitution and laws of the State for the use and benefit of the park fund. Said tax, when collected, shall be deposited with the City Treas- urer to the credit of the park fund, and said sum, together with all sums received from other sources, shall be held by the City Treasurer subject to the order and disbursement of the Park Board for acquiring additional land for parks and improving and maintaining parks, and shall be paid out upon warrants is- sued by the Park Board, signed by the president of said board, and countersigned by the City Auditor. 5. Said Park Board shall have power to contract for and to let the use of the Fair Park acquired and now owned by the City of Dallas, heretofore known as State Fair Grounds, or any portion of, or addition thereto, for public fairs and public race meets, with authority to sell on said grounds pools on horse races, when conducted thereon under the supervision of a regu- larly chartered Fair Association, and also for other public enter- tainments for limited periods of time, including Sundays, dur- ing which admission fees may be charged to and in said grounds or any portion thereof, and all contracts and arrangements heretofore made with the City of Dallas by its City Council in relation to said grounds shall be binding upon and shall be observed by said Park Board, and in the performance of such contracts and arrangements, the duties, functions and authority imposed on the City Council or its committees by the terms of such contract or arrangement, shall be instead imposed upon and assumed by said Park Board. The Park Board shall have ;')<; Assessment and Collection of Taxes Art. VII, Sec. 1. rhe exclusive power to direct, and control the improvement and maintenance of said grounds and appurtenances, subject to ex- isting and future contract rights. 6. The four Park Commissioners shall possess the same qualifications and be si;bject to the same disqualifications pro- vided by law for Commissioners of the City of Dallas, and shall serve without compensation. The Park Board may select such guards as they may deem necessary to protect the parks and property thereon in the City of Dallas, and such guards shall be commissioned as policemen by the proper municipal authorities at the request of said board but such persons shall be under the control of the Park Board and their compensation shall be fixed by said board and they shall be subject to removal or dismissal at pleasure and without cause by said board. 7. All funds arising from the levy of the tax of one-tenth of one per cent under an ordinance passed by the City Council of the City of Dallas to pay warrants for the purchase of what is known as Fair Park, formerly the property of the Texas State Fair, over the amount necessary to pay for said warrants and interest thereon, shall be deposited with the City Treasurer to be used exclusively in acquiring additional ground for or im- proving said Fair Park. ARTICLE Vir. Assessment and Collection of Taxes. ]. The Assessor and Collector of Taxes shall be under the im- mediate supervision of the Commissioner of Finance and Revenue, who shall be directly responsible for the performance of all duties relating to said office. He shall assess all taxable property in such manner and within such time as the Board of Commissioners may prescribe. He shall make duplicate assess- ment rolls and on their completion and approval by the Board of Commissioners shall deliver one to the Commissioner of Fi- nance and Revenue, and retain one for his use in collections. He shall be authorized to require property holders to render a cor- rect account of their property, under oath or affirmation to be by him administered. He shall collect all taxes due the city, whether the same be general, special assessment, occupation, license, or otherwise, and shall pay the same over to the City Treasurer within twenty-four hours of their collection, making duplicate receipts therefor, one of which he shall retain, and the other he shall turn over to the Board of Commisioners. He shall monthly or oftener, if required, make a detailed report to the Board Art. VII, Sec. '1. Assessment and Collection of Taxes 7)1 of Commissioners of all collections made by him. He shall be vigilant and see that no business of any kind is conducted unless license or occupation tax due therefor shall have first been paid. Said officer, and the Commissioner of Finance and Revenue, shall be responsible for all acts of the deputies in said offices. He shall be active in collecting all delinquent taxes and enforce their collection as herein provided, and as may be provided by ordinance. He shall give bond in such amount and form as the Board of Commissioners may prescribe, with good and sufficient sureties. The Board of Commissioners may require a new bond of him, if in their opinion the existing bond is insufficient, and whenever such bond is required, he shall perform no official act unul such bond shall be given and approved. He shall have all the powers and perform all the duties herein provided, and such others as the Board of Commissioners may confer and prescribe. For any failure to deposit with the City Treasurer within twenty- four hours of the collection thereof, all moneys collected by him, the said Assessor and Collector of taxes and the sureties on his bond shall be required to pay interest at the rate of 10 per cent per annum on such money until deposited, and the Board of Com- missioners shall have power to remove said Assessor and Col- lector of taxes from office for failure to deposit any collections as required, and it shall be their duty to remove said officer for such offense if it shall be persisted in by him. If the Assessor and Collector of Taxes purposes to increase any assessment over the amount assessed in the preceding year, he shall cause notice stating the fact that the assessment of the property owner is about to be increased, without specifically designating the particular property, or the amount to be in- creased, to be addressed to the owner, agent or representative thereof, and mailed at the postoffice in the City of Dallas, and shall give further notice by publication for one day in some news- paper published in the city of Dallas, and in such newspaper pub- lication the names of as many owners as the Assessor and Col- lector of taxes shall see fit may be included in one notice, pro- vided, when the owner is unknown the newspaper notice shall be sufficient. The Assessor and Collector of Taxes shall have the power un- der such regulation and method as may be prescribed by the Board of Commissioners by ordinance, to prorate the taxes against tracts of land owned by different owners which have been taxed together as one tract, and to divide and apportion the lien to each of the several tracts according to its proportion of the entire assessment. 2. The Board of Commissioners shall have full power to pro- vide by ordinance for the prompt collection of taxes assessed. 58 Assessment and Collection of Taxes Art. VII, Sec. 3. levied and imposed under this charter, and are hereby authoriz- ed, and to that end may and shall have full power and authority to sell or cause to he sold all kinds of property, real and per- sonal, and may and shall make such rules and regulations and ordain and pass all ordinances deemed necessary to the levying, laying, imposing, assessing and collecting of any taxes provided for in this charter. Unless otherwise provided by ordinance and this act all property in such city liable to taxation shall be as- sessed in accordance with the provisions of the general laws of the State in so far as applicable. 3. The Board of Commissioners shall have power by ordi- nance to regulate the manner and mode of making out tax lists, inventories and appraisements of property therein, and to pre- scribe the oath that shall be administered to each person on ren- dition of his property, and prescribe how, when and where prop- erty shall be rendered, and to prescribe the number and form of assessment rolls and fix the duties and define the powers' of City Assessor and Collector, and adopt such measures as the Board of Commissioners may deem advisable to secure the as- sessment of all property within the city limits, and collect the tax thereupon, and may provide a fine for all persons neglecting, failing or refusing to render their property for taxation. 4. The Assessor and Collector of Taxes shall, at least ten days before the Isf day of January of each year, give public notice by hand bills circulated through the city and .by advertisement in some paper, that all persons owning or controlling, as agent or otherwise, any personal property or real estate subject to mu- nicipal taxation, are required to render same for taxation on or before the 1st day of April of each year. All merchants doing business in the city are required within the same time to fur- nish the Assessor and Collector of taxes a true statement, veri- fied by affidavit, of all goods, wares and merchandise owned or kept on hand by such merchant on the 1st day of January. Any merchant failing to comply with this requirement shall be liable to such fine as may be imposed by ordinance. 5. If the Assessor anad Collector of Taxes shall discover any real or personal property which was subject to taxation for any previous year, and which from any cause has escaped taxation for that year, he shall assess the same in a supplement to his next assessment roll at the same rate under which such property should have been assessed for such year, stating the year, and the taxes thereon shall be collected the same as other assess- ments; provided, that such supplement roll may be made at any time and reported to the Board of Commissioners for its ap- proval, and any number of such rolls may be made that may be Art. VII, Sec. 6. Assessment and Collection of Taxes 59 necessary. The taxes assessed in such supplement rolls for years previous to the approval of such rolls shall be due at once upon the approval of such rolls by the Board of Commissioners, and such taxes may bear interest at the rate of six per cent per annum from the date on which the same would have been de- linquent if levied and assessed, and if the same shall not be paid within thirty days after the date of such approval, the City Col- lector shall proceed to collect the same by advertisement and by sale of such property as soon as practicable; such advertise- ment and sale to be made in the same manner and for the same time as in cases of the sale of such property for other city ad valorem taxes, as prescribed by the city charter; provided, that a misnomer of, or failure to name the owner in the assessment roll shall not affect the validity of the assessment of any taxes; and, provided further, that when such taxes have not been at- tempted to be assessed for such previous year, such taxes shall bear interest only from the date of the approval of the supple- mental rolls. The Assessor and Collector of taxes may in any year re-assess property which, because of irregularity in the as- sessment, of any previous year may have been improperly as- sessed; such re-assessment shall be at the value at which it should have been assessed in any such year, and property own- ers of such property shall take notice of such re-assessment, if made prior to the 1st of April in any year, but if made after such date, notice shall be given by the Assessor and Collector of taxes as in case of the raising of an assessment. Any property owner whose property has been re-assessed may appeal to the Board of Appeals as in case of an original assessment. 6. The Assessor and Collector of Taxes shall assess all prop- erty which for any cause has not been rendered, placing such valuation thereon as he may deem just. If the owners of such property are unknown, such assessment may be made in the name ■ "unknown." 7. No irregularity in the time or manner of making or re- turning the city assessment rolls or the approval of such rolls shall invalidate any assessment. 8. All property, real and personal, shall be rendered for tax- ation by the owner thereof or his agent, as provided by the laws of the State for the rendition of property for assessment by the county; provided, however, that in making such renditions the owner or agent shall not be required to state the value of the real property, but shall furnish to the Assessor and Collector, verified by the oath of the party making such rendition, a full and complete list and schedule of all property, real and personal, belonging to the person, firm or corporation in whose name such GO Assessment and Collection of Taxes Art. VJI, Sec. 9. Ijroperty is rendered. It shall be the duty of the Asses;;or and Collector to value each and every item of the property so ren- dered in accordance with the fair market price thereof upon a basis of valuation to be applied alike to all taxpayers, and to transmit to the Board of Commissioners all renditions thus made together with a statement by him, verified by his oath, to the effect that he has truly, fairly and equally valued all such prop- erty. The Board of Commissioners, sitting as a board of equaliza- tion and appeals, shall revise the tax rolls, and it shall be their duty to correct all unequal assessments, and to increase or reduce the valuation fixed by the As£e:^sor and Collector, as the case may require, so as to equalize the basis and method of assess- ment adopted for all st:ch renditions. It shall also be their duty to hear and fairly determine all appeals from property assess- ments fixed by them or under their authority. It shall be the duty of the Board of Commissioners to adopt such rules and regu- lations from time to time as to them may appear necessary to secvre complete rendition for assessments of all taxable property in the city. The Board of Commissioners shall cause to be prepared, as soon as practicable after the tax rolls shall be revised and finally adopted, an alphabetical list of the taxpayers of the city, to- gether with the total amount of property assessed against each, which list shall be preserved in the office of the City Secretary and shall be accessible to the public. 9. A lien is hereby created on all property, personal and real, in favor of the City of Dallas, for all taxes, ad valorem, occupa- tion or otherwise. Said lien shall exist from January in each year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien, but the Assessor and Collector of taxes can pursue such property, and whenever found, may seize and sell enough thereof to satisfy such taxes. 10. If anyone against whom a personal tax is assessed, and which is due and unpaid, whether the same be delinquent or not, shall have removed out of the city, or shall be about to re- move out of the city, or shall have removed or about to remove his personal property out of the city, it shall be the duty of the Assessor and Collector of taxes to proceed at once and collect such taxes by seizure and sale of any personal property of such person to be found in the City of Dallas or anywiiere in the State of Texas. 11. All taxes shall be payable at the office of the Assessor and Collector of taxes and the Board of Commissioners shall have Art. VII, Sec. 12. Assessment and Collection of Taxes 61 full power to sell or cause to be sold, all personal and real prop- erty for taxes due, and shall make all rules and regulations nec- essary for such purpose. 12. No demand for taxes shall be necessary, but it is hereby made the duty of every person or corporation subject to taxation to attend at the office of the Assessor and Collector of Taxes some time between the second Monday in June and the first day of November in each year and pay his or her taxes. If any tax- payer shall fail to pay such taxes before the first day of Novem- l'"^r after the same shall become due, the same shall be delin- quent and bear interest at the rate of six per cent per annum. Upon all taxes paid or collected after the first day of November the Assessor and Collector of Taxes shall collect from the de- linquent taxpayer a penalty of two per cent of the total amount of taxes collected from or paid by such taxpayei-. On all taxes paid or collected after the first day of December next following the time when such taxes shall have become due, the Assessor and Collector of taxes shall collect a penalty of four per cent on the total amount of taxes paid or collected. On all taxes paid or collected after the first day of January next following tlie date on which such taxes shall have become due, the Assessor and Collector of taxes shall collect a penalty of six per cent on the total amount of taxes paid or collected. On all taxes paid or col- lected after the first day of February next following the time at which such taxes have become due, the Assessor and Collector of taxes shall collect a penalty of ten per cent on the total amount of taxes paid or collected, which penalty shall be cumu- lative of and in addition to the interest provided for by this sec- tion and such penalties shall be an obligation of the taxpayer, and be secured by the same lien and collected in the same man- ner as the taxes. 13. The Assessor and Collector of Taxes shall, by virtue of his tax rolls, have power and authority to seize and levy upon personal property and real estate and sell the same to satisfy de- linquent taxes. When he seizes personal property for such pur- poses he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at the court house in the City of Dallas, at least ten days before the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expenses of car'ng for said property, and shall make an entry in the book of sales of the amount realized; all such sales shall be made at any door of the city hall. 14. Before sales of real estate are made, notice of the time 62 Assessment and Collection of Taxes Art. VII, Sec. 15. and place of sale, together with, as near as maj' be, a description of the property shall be given by posting two notices, one at the court house and the other at the city hall in the City of Dallas, also by publication in some newspaper of the city, for at least three weeks, which shall contain a statement of the amount due on each particular piece of ground; all such sales shall be made at any door of the city hall specified by ordinance. 15. The Board of Commissioners shall have full power to do, or cause to be done, everything w^hatsoever necessary to enforce a prompt and valid assessment and collection of all taxes and as- sessments provided for in this chapter, and to make all regula- tions necessary for a valid assessment of such taxes and for the sale of property for said taxes and assessment. 16. The Assessor and Collector of Taxes shall, where any real estate has been sold for taxes, make and execute a deed to the purchaser for the property sold, which deed shall be prima facie evidence of the following facts: First. That the lot or lots, or property conveyed, was or were subject to taxation and assessment at the time of such sale, and at the time taxes thereon were levied and assessed, and that such taxes were regularly levied and assessed in all respects ac- cording to law. Second. That such taxes were not paid in whole or in part at any time before such sale, a^d that a lien existed on the prop- erty conveyed in such deed for taxes. Third. That the real estate therein conveyed was advertised according to law. Fourth. That the propei'ty conveyed was advertised according to law, was regularly and lawfully sold for taxes, which were delinquent at the time of the advertisement and sale. Fifth. When such property shall have been sold to the City of Dallas or any other purchaser, at such sale, either for general or special taxes, the title acquired by the city, or such purchaser, shall not be disputed by any person whomsoever, or for any cause whatever, except upon tender to said city, or purchaser, of the taxes lawfully due on such property from which such sale was made, together with lawful interest thereon, and all accrued penalties and costs, as provided by the city charter of the City of Dallas. 17. A sale of personal property for delinquent taxes shall convey with it an absolute title, and the owner shall have no right to redeem the same. Art. Vll, Sec. 18. Assessment and Collection of Taxes.. G3 18. The city shall have the right to become a purchaser of property at tax sales, and the Mayor shall attend such sales for such purpose, and may empower any person to so uid on bttiaif oi tho city. 19. Whenever any real property is bid off to the city, or to any individual, for delinquent taxes, the owner or attorney, or his agents may redeem the same at any time within two years from day of sale by paying the following amounts: All taxes paid or due, ten per cent per annum interest from the time they becam.e delinquent, and two and one-half ($2.50) dollars as costs on each piece of property sold, and as a further penalty, a sum equal to twenty-five per cent of the amount of the delinquent tax if redeemed in three months; fifty per cent penalty if redeemed in six months; seventy-five per cent penalty if redeemed in one year, and one hundred per cent if redeemed thereafter with- in two years, the said penalties to go to the purchasers at tax sales, whether the purchaser be the city or an individual. 20. If any real property sold for taxes under the provisions of this act shall not be redeemed within two years from the day of sale, the holder of the tax deed shall have the right to bring suit in any district court in the County of Dallas to have the ab- solute title to such real estate, without any equity of redemp- tion, vested in him. 21. All levies of ad valorem taxes heretofore made by the City of Dallas, and all assessments heretofore made, and assessment rolls heretofore placed in the hands of the City Assessor and Collector of taxes for collection are hereby validated, and the same shall be legal and binding, regardless of any irregularity that may exist in the manner of making such levies, and the mak- ing and returning of such assessment rolls. This provision shall apply to all suits and actions now pending, as well as those here- after prosecuted. 22. In any suit by the City of Dallas for the collection of any delinquent tax where it shall appear that the description of any property in the city assessment rolls shall be insufficient to iden- tify such property, the city shall have the right to set up in its pleading a good description of the property intended to be as- sessed, and to prove the same, and to have its judgment fore- closing its tax lien upon the same, and personal judgment against the owner for such taxes, the same as if such property were fully described upon the assessment rolls. 23. When the owner of any property, or his agent, shall ren der any property to the Assessor and Collector of taxes for as- sessment, and such property is assessed in accordance with the 64 Initiative and Referendum Art. VIII, Sec. 1. description furnished by such owner or his agent, the sufficiency of such description shall not he disputed by such owner in any action or suit for the collection of such taxes, but the same shall be binding upon such owner, and shall be sufficient for all pur- poses of such assessment. 24. The provisions herein for the collection of taxes shall not be construed to prevent the city from filing suit in any court of competent jurisdiction for the collection of any taxes due on real estate, as well as personal property, and for the enforcement of levies for such taxes; and the assessment rolls shall be prima facie evidence of the facts stated in said rolls and that all taxes assessed on such rolls have been regularly levied and assessed in accordance with the provisions of this charter and of the law; and no irregularity in the manner of levying or assessing taxes shall invalidate the same unless it appears from affirmative proof that such irregularity operated injuriously to the taxpayer attempting to avoid the payment of such tax. Nothing in this section shall prevent the Board of Commissioners from hearing all complaints as to erroneous and unjust assessments, and said Board of Commissioners is hereby empowered and it is hereby made their duty to hear such complaints, and said Board shall have power within one year after this act goes into effect, and not thereafter, to readjust, compromise and settle all disputes with reference to the legality or validity of taxes claimed to be due by any person or persons upon any real estate within the city. They may reduce former assessments on satisfactory proof that the same was excessive; such settlements when certified to by the Board of Commissioners to be filed with the Assessor and Collector of Taxes who shall accept payment of taxes in accordance with and thereafter a tax receipt for the amount of said taxes in full for all such years as aforesaid shall be accepted in full satisfaction for said taxes. ARTICE VIII. Initiative and Referendum of Ordinances. 1. Any proposed ordinance may be submitted to the Board of Commissioners by a petition signed by registered electors of the city equal in number to the percentages hereinafter required. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving street and number. One of the signers of each paper shall make oath before an officer competent to administer oaths that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within ten days from Art. VIII, Sec. 1. Initiative and Referendum (i5 the date of filing such petition the City Secretary shall examine and ascertain whether or not said petition is signed by the re- quisite number of qualified electors, and if necessary the Board of Commissioners shall allow him extra help for that purpose, and he shall attach to said petition his certificate showing the re- sult of such examination. If by the Secretary's certificate the petition is shown to be insufficient it may be amended within ten days from the date of said certificate. The Secretary shall, within ten days after such amendment, make like examinations of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient, the Secretary shall submit the same to the Board of Commis- sioners without delay. If the petition accompanying the proposed ordinance be signed by electors equal in number to 15 per cent of the entire vote cast for all candidates for Mayor at the last preceding general elec- tion, at which a Mayor was elected, and contains a request that said ordinance be submitted forthwith to a vote of the pfeople at a special election, the Board of Commissioners shall either: (a) Pass said ordinance without alteration within twenty days after the attachment of the Secretary's certificate of sufficiency to the accompanying petition (subject to referendary vote under the provisions of this charter, and if the ordinance shall be passed by the Board of Commissioners, but shall be vetoed by the Mayor and on reconsideration shall fail of passage by the Board of Commissioners, then within five days after determina- tion that said ordinance shall have so failed of final adopted, the Board of Commissioners shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people; or (b) Forthwith after the Secretary shall attach to the peti- tion accompanying such ordinance his certificate of sufficiency, the Board of Commissioners shall proceed to call a special elec- tion, at which said ordinance, without alteration, shall be submit- ted to a vote of the people. If the petition be signed by electors equal in number to at least 5 per cent, but less than 15 per cent, of the entire vote cast for all the candidates for Mayor at the last preceding general election at which a :Mayor was elected, then such ordinance, with- out alteration, shall be submitted by the Board of Commission- ers to a vote of the people at the next general municipal election that shall occur at any time after thirty days- from the date or the Secretary's certificate of sufficiency attached to the petition ac- companying such ordinance. 66 Initiative and Referendum Art. VIII, Sec. 'I. The ballots used when voting upon said ordinance shall con- tain the words, "For the Ordinance" (stating the nature of the proposed ordinance), and 'Against the Ordinance" (stating the nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and bind- ing ordinance of the city, and any ordinance proposed by peti- tion, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people. Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this section of the charter, but more than one special election shall not be held in any period of six months. The Board of Commissioners may submit a proposition for the repeal of any such ordinance or for amendments thereto, to be voted upon by any succeeding general city election, and should such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accordingly. Whenever any ordinance or proposition is required by this charter to be submitted to the voters of the city at any election, the City Secretary shall cause the ordinance or proposition to be printed, and he shall enclose a printed copy thereof in an envelop with a sample ballot, and mail the same to each voter at least ten days prior to the election, but the Board of Commissioners may order such ordinance or proposition to be printed in the of- ficial newspaper of the city and published, and may order that such publication shall take the place of the printing and mailing of the ordinance or proposition and of the sample ballots as first above provided. 2. No ordinance passed by the Board of Commissioners, e.x- cept when otherwise required by the general laws of the State, or by the provisions of this charter respecting street improvements, and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency and is passed by a four-fifths vote of the Board of Com- missioners (but no grant of any franchise shall be construed to be an emergency measure, but all franchises shall be subject to the referendary vote herein provided), shall go into effect thirty days from the time of its final passage and its approval by the Mayor; and if during said thirty days a petition signed by elec- tors of the city equal in number to at least fifteen per cent of the entire vote cast for all candidates for Mayor of the last preceding general election at which a Mayor was elected, protesting against the passage of shch ordinance, shall be presented to the Board of Comrciss'oners, the eame shall thereupon be suspended from go- Art. IX. Recall 67 ing into operation, and it shall be the duty of the Board of Com- missioners to reconsider such ordinance, and if the same is not entirely repealed the Board of Commissioners shall submit the ordinance, as is provided in Section 1 of Article VIII of this City Charter, to the vote of the electors of the city, either at the next general election, or at a special municipal election to be called for that purpose, and such ordinance shall not go into effect or become operative, unless a majority of the qualified electors vot- ing on the same shall vote in favor thereof. Said petition shall be in all respects in accordance with the provisions of said Sec- tion 1 of Article VIII, except as to the percentage of signers, an ' be examined and certified by the Secretary, and in all respects as is therein provided. ARTICLE IX. Recall of Elective Officers. The holder of an elective office may be removed at any time by the qualified voters of the City of Dallas. The procedure to ef- fect the removal of an incumbent of an elective office shall be as follows: A petition signed by the qualified voters of said city, equal in number to at least 35 per cent of the entire vote cast for candidates for the office of Mayor on the final ballot at the last preceding general municipal election, demanding the election of a successor of the person sought to be removed, shall be filed with the City Secretary; provided, that the petition sent to the Board of Commissioners shall contain a general statement of the grounds for which removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements herein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within ten days from the date of filing such petition the City Secretary shall ex- amine, and from the list of qualified voters of said city, ascertain whether or not said petition is signed by the requisite number ol qualified voters, and he shall attach to said petition his cer- tificate showing the result of said examination. If by the Secre- tary's certificate, the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The City Secretary shall, within ten days after such amendmeilt, make like examination of the amended petition, and if his cer- tificate shall show the same to be insufficient, it shall be return- ed to the person filing the same, without prejudice, however, te 68 Street Improvements Art. X, Sec. 1, (a). the filing of a new petition to the same effect. If the petition shall be found to be sufficient, the City Secretary shall submit the same to the Board of Commissioners without delay. If the petition shall be found to be sufficient, the Board of Commissioners shall order and fix a date for holding the said election, not less than thirty days, nor more than forty days from the date of the -Secretary's certificate to the Board of Commis- sioners that a sufficient petition is filed. The Board of Commissioners shall maite or cause to be made, publication of notice and all arrangements for holding of such election, and the same shall be conducted, returned and the re- sult thereof declared in all respects as are other city elections. and a majority of all the votes which shall be cast at such elec- tion shall be necessary to elect. In the event no candidate shall receive such majority at the first election, a second election shall be held in accordance with the provisions of Article III hereof. The successor of any officer so removed shall hold office during the unexpired term of his predeccessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, the City Secretary shall place nis name on the official ballot without nomination. In any such re- moval election the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the of- fice upon the qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of election, the office shall be deemed vacant. If the incumbent receives the highest number of votes he shall continue in office. ARTICLE X. Street and Sidewalk Improvements. Section 1. The term 'Street Improvements" as embraced in this Article, snail include the improvement of any street, avenue, alley, highway, public place or square, or any portion thereof, within the city, by filling, grading, raising, macadamizing, re-mac- adamizing, paving, repairing or otherwise improving the same, or by construction or reconstruction of sidewalks, curbs and gutters. or repairing the same; and shall also include the laying out. opening, narrowing, straightening, or otherwise establishing, de- fining, and locating any street, avenue, public alley, square, place or sidewalk; and said term shall also include any other street improvement of a public nature and for a public benefit. (a) The term "Public Highway," wherever used hereafter in Art. X, Sec. 1, (b). Street Improvements 69 this article shall be deemed to include any street, avenue, alley, highway or public place or square, or any portion thereof, within the City of Dallas, dedicated to public use. (b) The Board of Commissioners shall have power to order the improvement of any public highway or highways, or parts thereof, within the City of Dallas, and shall have power to pre- scribe the nature and extent of such improvements. (c) The Board of Commissioners shall have power to cause sidewalks, curbs and gutters to be constructed, reconstructed, or repaired, under and by virtue of the terms of this article and the various subdivisions thereof, either separately or together with other improvements; provided, that the cost of constructing, re- constructing or repairing sidewalks shall be borne entirely by the owners of property abutting upon such sidewalks; and pro- vided that the right of the Board of Commissioners to order the construction, reconstruction or repair of such sidewalks, curbs and gutters, under the terms of this article and the various sub- divifrions thereof, shall be exclusive of and in addition to, the powers hereinafter in this charter conferred upon such Board of Commissioners to order such improvements. (d) Subject to the terms thereof, the cost of improving any public highways may be paid wholly by the city, or partly by the city and partly by the owners of property benefited by such im- provement and abutting upon the public highway, or portion thereof, ordered to be improved; provided, that when any per- son, firm or corporation owns any railroad or street railroad or railroad switch of any kind on such public highway, or portion thereof, ordered to be improved, such person, firm or corporation shall pay the whole cost of such improvement between the rails and tracks and for two feet on each side of the rails of such rail- road or street railroad and the city shall be relieved of the part of the costs to be paid by such road. The pro rata share of the cost of such improvement payable under the terms hereof by any railroad or street railroad, or the owners thereof, together with all costs of collecting the same, shall be a special tax against, and secured by a lien upon the roadbed, ties, rails, fixtures, rights and franchises of such railroad or street railroad and the owners thereof. Whenever a contract shall be let for any such improve- ment, the Board of Commissioners shall levy a special tax upon the roadbed, ties, rails, fixtures, rights and franchises of such railroad or street railroad for the pro rata share due from such road for improvements between their tracks and rails and two feet on each side thereof. Said tax shall be levied at or after the time such contract is let or executed, and shall become due and delinquent as the ordinance levying the same may specify, shall be a lien from the time of levy and the proceeds thereof 70 Street Improvements Art. X, Sec. 1, (e). shall ue used for the payment of the costs of such improvement. If sai(. tax be not paid as provided for by ordinance, then collec- tion shdll be enforced, as the collection of other taxes, by adver- tisement and sale of the property, rights and franchises levied upon; provided, it shall not be necessary to sell at the same time as for delinquent ad valorem taxes. At any such sale the City Tax Collector, or such other officer as may be designated by the Board of Commissioners, shall execute to the purchaser a deed similar to the one executed when property is sold for ad va- lorem taxes. Such assessment and lien may also be enforced by suit brought in any court having jurisdiction thereof. The lien provided for shall be a first and prior lien paramount to all en- cumbrances except taxes, upon the roadbed, ties, rails, fixtures, rights and franchises of the person, firm, company or corporation owning the railroad or street railroad as aforesaid. (e) The Board of Commissioners shall have power, by reso- lution, to order the mailing of the public improvements mention- ed in this article, or any of them, by majority vote, and the pas- sage of such resolution shall De conclusive of the public necessity therefor and the benefits thereof, and no notice of such action by the Board of Commissioners shall be requisite to its validity. Such resolution shall, in general terms, set forth the nature and extent of the improvement or improvements to be made, the sec- tion or sections of any public highway or highways to be im- proved, the material or materials with which the improvements are to be constructed, and the method or methods under which the costs of such improvements are to be paid. Sucli resolution may specify that said improvements may, at the election of the Commissioners be constructed from different materials, and may specify different or alteimative methods of making such improve- ments, and providing for the payment of the costs thereof. Upon the passage of such resolution it shall be the duty of the City Engineer to forthwith prepare specifications for the said im- provement, which specification shall embrace the different ma- terials or different plans or methods, under which the said im- provements or part thereof, are to be constructed or paid for, if such different materials or alternative plans or methods of con- struction or payment are specified in said resolution, and such specifications shall also describe the character of bond or bonds to be required of the successful bidder for the construction of said improvements or the maintenance thereafter as hereinafter provided. When such specifications have been prepared, they shall be submitted to the Board of Commissioners for their ap- proval. The Board of Commissioners shall have power to require of the contractor or contractors to whom the work may be let, a bond for the faithful performance of the contract, and also for Art. X, Sec. 1, (f). Street Improvements 71 the maintenance of the work in good condition at the cost of the contractor for a term not more than five j-ears from the comple- tion thereof, and for the maintenance thereof by the contractor at the cost of the city for an additional term of not exceeding five years from the completion of such work. The bonds (if any) required by the Board of Commissioners to be executed by the contractor, shall be executed by such contractor or contractors to whom the "work may be let, together with one corporate surety acceptable to said Board of Commissioners which shall be a sure- ty company authorized to do business within the State of Texas. When specifications have been adopted for such improvements by the Board of Commissioners, it shall be the duty of the City Secretary, or such other officer as may be designated by the Board of Commissioners, to at once advertise for sealed bids for the construction of such improvements in accordance with the specifications adopted therefor. Such advertisement shall be inserted in a daily paper of general circulation in the City of Dallas, and shall state the time within which bids may be re- ceived as pi-escribed by the Board of Commissioners, which shall be not less than ten or more tlian fifteen days from the insertion of said advertisement. Bids shall be filed with the City Secre- tary, or such other officer as the Board of Commissioners may designate, and shall be opened and read in public meeting of the Board of Commissioners. The Board of Commissioners shall have the right to accept such bids as it shall deem most advan- tageous to the city and the owners of the property abutting upon the public highway named to be improved, or may reject any and all bids; and where an improvement is ordered, upon different specications, or for the construction of work, or part thereof, with different materials or under different plans or methods of construction or payment for such improvement, the Board pt Commissioners shall have full power after opening bids, to select such methods, plan or materials for making said improvement, or any part thereof, as it may deem best, and to let the work to such bidder and upon such bid as it may select, subject to the terms thereof. No bid shall be amended, revised or changed after being filed. (f) When bids for such improvements have been accepted by the Board of Commissioners, the city shall enter into contract with the contractor or contractors to whom the work has been let for the performance thereof, which contracts shall be exe- cuted in the name of the city by its Mayor and attested by the City Secretary, or such other officer as may be designated by the Board of Commissioners, with the corporate seal. The contractor or contractors to whom the said work has been let, shall execute such bond or bonds as may be required by the Board of Commis- 71' Street Improvements Art. X, Sec. 1, (g). sioners, and as herein provided. Sufh contract and bonds, if sat- isfactory, shall be approved by the Board of Commissioners. (g) Exclusive of the cost of making any improvements be- tween, and two feet on each side of the traclis and rails of ra 1- roads and street railroads, which cost is to be assessed against and wholly paid by the owners of such railroads and street rail- roads as herein provided, and subject to the terms hereof, the City of Dallas, acting by its Board of Commissioners, shall have power to assess the whole cost of constructing, reconstructing and repairing any sidewalk, and not to exceed two-thirds of the cost of making any other improvements ordered under the terms hereof, against the owners of property abutting upon the public highway or highways, or part or section thereof, upon which such improvements are to be constructed, and who are specially bene- fited thereby, and shall have power to fix a lien against such property to secure the payment of the proportion of such costs assessed against the owners of such property; provided, that in no event shall such costs be assessed against such owners or their property, or their personal liability therefor finally deter- mined, until after the hearing hereinafter mentioned, and after the adjustment of equities between such owners; and pro- vided further, that the cost assessed against any property or owner thereof, shall not exceed the amount of the special benefit in enhanced value, which such property shall receive from such improvement. The proportion of the costs of such improvement which may be assessed against any such property or its owners, shall be in proportion to the frontage of the property of each owner to the whole frontage of property on the public highway or highways or section thereof so ordered to be improved, and such cost shall be apportioned in accordance with what is commonly known as* the frontage or front foot rule ; provided, that if the applica- tion of this rule would, in the opinion of the Board of Commis- sioners, in particular cases, be unjust or unequal, it shall be the duty of said Board to assess and apportion said costs in such proportion as it may deem just and equitable, having in view the special benefits in enhanced value to be received by each owner of such property, the equities of such owners and the adjustment of such apportionment, so as to produce a substantial equality of benefits received by and burdens imposed upon each owner. The Board of Commissioners shall also have power to provide that the proportion of the said cost which may be assessed against the said owners and their property shall bear interest at a definite rate not to exceed seven per cent per annum when the payment thereof is deferred, and shall have the power to include in any assessment which may be made against such owners and their property, reasonable costs of collecting the same where Art. X, Sec. 1, (h). Street Improvements 73 such costs are incurred, and reasonable attorney's fees where at- torney's fees are incurred. (h) The contract or contracts for such improvements and the bond or bonds (if any required) having been executed and ap- proved by the Board of Commissioners, if the cost, or any part thereof, of such improvement is to be assessed against abutting property, or owners thereof, it shall be the duty of the City En- gineer to at once prepare a written statement which shall con- tain the names of such persons, firms, corporations or estates, as may own property abutting upon the section or sections of the public highway or highways named to be improved, the number of front feet owned by each, and describing the property owned by each, either by lot or block number, or otherwise so describ- ing such property as may be sufficient to identify the same; and such statement shall also contain an estimate of the total cost of such improvement, the proportion and amount of such costs to be assessed against abutting property and the owners thereof, the amount per front foot to be assessed against abutting proper- ty and its owners and the total estimated amount to be assessed against each owner. Such statement shall be submitted to the Board of Commissioners, and it shall be the duty of the Board of Commissioners, to examine the same and correct any errors which may appear therein, but no error, omission or mistake in said statement shall in any manner invalidate any assessment made or lien or claim of personal liability fixed thereunder When such statement has been examined and approved by the Board of Commissioners, if said Board of Commissioners shall have determined to assess any part of the costs of said improvements against such property owners and their property, it shaJl so de- clare by resolution directing notice thereof to be given to the owners aforesaid by publication for five successive days in a daily newspaper of general circulation in the City of Dallas, and also by mailing to said owners a copy of said notice by registered let- ter deposited in the postoffice in Dallas, Texas, directed to the address of said owner, if known, but if the address of any owner be not known, then to the agent or attorney of such owner, if known; provided, that the registered letters aforesaid shall be deposited in said postoffice not less than ten days prior to the date set for the hearing hereinafter provided .for; and provided further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of the service of notice by publication above mentioned; and provided, that in all cases where personal service by registered letter shall not be obtained, said service by publication shall, nevertheless, be deemed valid and binding. The certificate of the City Secretary, OT such other officer as may be designated by the Board of Com- 74 Street Improvements . Art. X, Sec 1, (i). niissioners, to the effect that the address of any such owner or owners, or of the'ir agent or attorneys, is unknown to him, and that personal service cannot be had upon them shall be deemed conclusive. Any such owner may, in writing, waive the issuance of such notice and service thereof, and accept service. The notice aforesaid shall state the time of the hearing hereinafter provided for the general character of the improvements determined upon by the Board of Commissioners, the public highway, or part thereof, to be iro.proved, and the proportionate part and amount per front foot of the total cost of the proposed improvement which is contemplated shall be assessed against the property and the owners thereof abutting upon such highway to be im- proved. On the day stated in the notice aforesaid, or any time thereafter before any special assessment is actually levied, any person, or firm, or corporation, interested in any property which may be claimed to be subject to assessment for the purpose of paying the cost of any improvement, in whole or part, shall be entitled to a full and fair hearing before said Board of Commis- sioners as to all matters affecting said property, or the benefits thereto, of such improvements, or any claim or liability, or ob- jection to the making of such improvement, or any invalidity or irregularity in any of the proceedings with reference to making said improvement, or any other objections thereto. Such person, firm or corporation shall file their objections in writing, and thereafter the said Board of Commissioners shall hear and de- termine the same, and full opportunity shall be given to the per- sons, firms or corporations filing said objections to produce evi- dence, subpoena witnesses and to appear in person or by attor- ney, and a full and fair hearing thereof shall be given by the said Board of Commissioners, which hearing may be adjourned from time to time without further notice. And the Board of Commis- sioners, shall have full power to inquire into and determine all facts necessary to the adjudication of such objections and the as- certa^inment of special benefits to such owners by means of such improvements; and shall render such judgment and order in each case as may be just and proper. Any objection to the regularity ments as herein provided or to the validity of any assess- of proceedings with reference to the making of such improve- ment or adjudication of personal liability against such property or the owners thereof, shall be deemed waived unless presented at the time and in the manner herein specified. The day set for such hearing shall be not less than ten days from the date of the first publication of said notice. (i) When the hearing above mentioned has been concluded. Board of Commissioners shall, by ordinance, assess against the several owners of property and against their property abut- Art. X, Sec. 1, (i). Street Improvements 75 ting upon the public highway or highways, or part thereof, or- dered to be improved, such proportionate part of tlie costs of such improvement as by said Board of Commissioners may have been adjudged against said respective owners and their property. Said ordinance shall fix a lien upon such property and declare the re- spective owners thereof to be personally liable for the respective amounts to be assessed; and shall state the time and manner of payment of such assessments; and said Board of Commissioners may order that the said assessments shall be payable in install- ments, and prescribe the amount, time and manner of payment of such installments, which, however, except as hereinafter provid- ed, shall not exceed three, and the payment shall not be deferred beyond three years from the completion of such improvement, and its acceptance by the city. The said ordinance shall also pre- scribe the rate of interest to be charged upon deferred payments provided, the same shall not exceed seven per cent per annum; and may provide for the maturity of all deferred payments and their collection upon default in the payment of any installment of principal or interest. Each property owner, his heirs, assigns or successors, hov/- ever, shall have the privilege of discharging the whole amount as- sessed against him, or any installment thereof, at any time before maturity, upon payment thereof, with accrued interest. Upon the payment by any property owner of his assessment in full, the city shall cause to be executed by its Mayor and duly acknowl- edged for record, a release of the lien of such assessment. The fact that more than one parcel or lot of land, the property of one owner or jointly owned by two or more persons, firms or corpora- tions, have been assessed together in one assessment, shall not invalidate the same or the lien thereof, or any claim of personal liability thereunder. The cost of any such improvement assessed against any property or owner thereof, together with all costs and reasonable expense in collecting the same, including reason- able attorney's fees when incurred, shall constitute a personal claim against such property owner, and shall be secured by a lien on such property superior to all other liens, claims or titles, ex- cept city, county and State taxes, and such personal liability and lien may be enforced either by suit in any court of competent jurisdiction, or by sale in the same manner, as far as applicable, as sales are authorized to be made by the City of Dallas for the non-payment of taxes; provided, that it shall not be necessary to sell at the same time as for delinquent ad valorem taxes; and the Board of Commissioners may, by resolution or ordinance, make such rules and regulations, not inconsistent with law, as may be deem.ed necessary to provide for the speedy collection of such assessments for improvements. Any error or omission in de- 7ti Street Improvements Art. X, Sec. 1, (j). scribing property or designating the names of owners, or any other error or omission, may be corrected at any time by the Board of Commissioners or at the suit of any interested party. In any suit brought under the provisions of this section, it shall be proper to join as defendants two or more property owners who are interested in any single improvement or any single contract for such improvement; the person or persons who own propery at the date of any ordinance providing for the assessment thereof, shall be severally and personally liable for their respective portions of the said assessment. (j) At any time within ten days after the hearing herein provided for has been concluded, any person or persons, corpoYa- tion or corporations, having an interest in any real estate which may be subject to assessment under this act, or otherwise, hav- ing any financial interest in such improvement or improvements, or in the manner in which the cost thereof is to be paid, who may desire to contest on any ground the validity of any proceeding that may have been had with reference to the making of such improvements or tlie validity in whole or in part of any assess- ment or lien or personal liability fixed by said proceedings, may institute for that purpose in any court of competent jurisdiction. Any person or persons, corporation or corporations who shall fail to institute such suit in said period of ten days, or who shall fail to diligently prosecute such suit in good faith to final judgment, shall be forever barred from making any such contest or contests, and this estoppel shall bind their heirs, successors, administra- tors and assigns. The City of Dallas and the person or persons to whom the contract has been awarded shall be made defendants in such suit, and any other proper parties may be joined therein. There shall be attached to plaintiff's petition an affidavit of the truth of the matters therein alleged, except such matters as are alleged on information and belief, and that said suit is brought in good faith and not to injure or delay the city or the contractor or any owner of real estate abutting on the improve- ment. Unless the pi'ovisions of this section are complied with by plaintiff or plaintiffs, such suit shall be dismissed on motion of any defendant, and in that event plaintiff or plaintiffs shall be barred and estopped to the same extent as if suit had not been brought. In any case where a suit is brought as above provided in this section, then the performance of the work may be suspend- ed at the election of either the city or the contractors uvtil such suit shall be finally determined in the court of original jurisdic- tion or any appellate court to which the same may be taken by appeal or writ of error; provided, that any appeal or writ of error shall be perfected within thirty days from the adjournment of Art. X, Sec. 1, (k) Street Improvements 77 the term of court of original jurisdiction at which final judgment was rendered in such suit; and provided, that no appeal or writ of error to review the judgment of said court may thereafter be taken or sued out by either party; and provided, that any such suit shall be entitled to precedence in the courts of this State, both of original and appellate jurisdiction, and shall be heard and determined as promptly as practicable, and to that end either party thereto may move for an early hearing. (k) When the Board of Commissioners shall have reason to believe that the owner or owners of any property may success- fully claim the same as exempted from special assessment, said Board of Commissioners may order that the improvement shall not be made in front of or abutting on, said property, unless the owner or owners shall first make satisfactory provision for, or satisfactorily secure, the payment of the amount of the costs which would be assessed against said property except for said exemption. In any case where the cost, or part there- of, is to be paid by such property owners or assessed against their property and the contractor to whom the work is let is required to look primarily or wholly to such property or owners thereof for payment of the proportion of the cost of such improvement assessed against them, and the city is re- lieved from the payment of such proportion of the cost, and such contractor shall not be obliged to make such improve- ments of any property which is exempt from the enforcement of a lien for such improvement, but may omit the construction thereof in front of such property. (1) Subject to the provisions hereof, the Board of Commis- sioners may, when deemed just and proper, order improvements to be made on only one side of a public highway or highways, or section or portion thereof, and may assess the cost, or a portion thereof, against the property and owners of property abutting on said side of said highway or highways, or section or portion there- of. (m) Whenever any error or mistake shall occur in any pro- ceeding provided for by this act, it shall be the duty of the Board of Commissioners to correct the same, and whenever it shall have been finally determined in any suit that any assessment against any property or its owner, or lien against such property or claim of personal liability fixed or attempted to be fixed under the terms hereof, is, for any reason, invalid, unlawful or unenforci- ble, then it shall be the duty of the Board of Commissioners to at once proceed to re-assess against such property and the owners thereof such proportion of the costs of making such improve- ment as may be proper, lawful and just, and to fix a lien against TS Street Improvements Art. X, Sec. 1 (n). said property and declare the personal liability of the owner thereof, and said Board of Commissioners shall have power, and it shall be its duty, by ordinance or resolution, to adopt such rules and regulations and to make such orders as shall, in compliance with the law, provide for correcting said mistakes and making a valid re-assessnient against said property and fixing a valid lien thereon, and a valid personal liability against the owner thereof; and said Board shall have power, and it shall be its duty to adopt such rules and regulations for a hearing to the owners of said property before said re-assessment, which may be necessary or proper in order to legally bind such owners and their property by said re-assessment; and shall have power to adopt all othel' rules and regulations which may be requisite to a valid re-assess- ment of such property or fixing a personal liability against the owners thereof. (n) Subject to the terms hereof, the cost of any such im- provement or improvements, after deducting the portion of such costs which may be assessed against any railroad or street rail- road and the portion of such costs which may have been finally assessed against property abutting upon the highway or high- ways, or section or portion thereof, ordered to be improved, and against the owners of such property, shall be borne and paid by the city. (o) In addition to the power hereby conferred upon the Board of Commissioners, by majority vote, to order the construc- tion of any street improvement or improvements, as herein de- fined, and to assess the cost thereof, in whole or part, against the owners of abutting property; whenever the owners of two- thirds of the front feet of property abutting upon any highway or highways, or sections or part thereof, shall, in writing, petition for the improvement thereof; and shall, in said petition, agree to pay two-thirds of the cost of such improvements in front of their respective property, and of improving intersections of streets and alleys, exclusive of such cost as is payable under the terms here- of by railroads or street railroads, and shall generally designate the nature of the proposed improvements; the said board must order the construction of said improvements; provided, only that before a resolution ordering the said improvement shall be passed by the Board of Commissioners, it shall be satisfied, from the said petition or from such other evidence as may be submitted to it, that exclusive of the cost of the said im.provemeut to be paid by railroads and street railroads, at least one-half of the whole cost of said proposed improvement can be secured by valid as- sessment against property abutting upon the public highway or highways, or section thereof to be improved, and the owners thereof, or will otherwise be satisfactorily secured. If said peti- Art. X, Sec. 1, (o). Street Improvements 79 tion shall specify any particular kind of material or pavement de- sired by the petitioners, then the work shall be ordered con- structed with that material or pavement only, and bids taken ac- cordingly; provided, that in such cases the petition may stipulate the maximum cost per front foot, cubic or square yard, at which the work shall be let, and no contract shall be let at a greater cost than is thus stipulated. Where improvements are ordered to be made upon such petition as provided in this sub-section, the method of procedure with reference thereto and with reference to assessing the cost thereof against abutting property and the owners thereof, shall, subject to the special provisions of this sub- section o, be in accordance with the terms and provisions of this article. Where improvements are to be made upon such petition and as provided by this sub-section, the work shall not actually be begun until two-thirds of the cost of said improve- ment, exclusive of the part of the cost to be paid by railroads or street railroads, shall have been assessed against the property abutting upon the public highway or highways, or section thereof, to be improved, and against the owners of such property, in the manner hereinbefore provided in this section; provided, however, that no assessment shall be made, claim of personal liability fixed against any such property or the owners thereof, except af- ter the hearing as hereinbefore provided, nor for a greater amount than the special benefit in enhanced value accruing to such property and its owners; and provided, that whenever, af- ter such assessment, the Board of Commissioners shall be of the opinion that an assessment against any property and the lien thereby fixed can not be enforced on account of the exemption of such property, the Board of Commissioners may direct that such improvement shall not be made in front of such property, or may require the owner of such property to pay or secure the payment of the pro rata amount of said cost assessed against such property before such improvement shall be made In front of the same. Where improvements are made under the terms of this sub-section o, and the cost, or part thereof, is assessed against the abutting property or the owners thereof, the propor- tion of the cost assessed against them' and their property shall he payable to the City of Dallas in ten annual installments, the first of which shall become due one year from the completion of said work, and its acceptance by the city; said installments shall bear interest as hereinbefore provided, at seven per cent per an- num, and shall otherwise be subject to the provisions of this article as to similar assessments and the payment thereof. When improvements are made under the terms of this sub-section, the city may, out of the permanent street improvement fund herein- after defined, or out of any other fund which may be available. 80 Street Improvements Art. X, See. 1, (p). pay to the contractor the whole cost of such iniproveiiunt, sub- ject to the terms of the contract or contracts entered into there- for, except such proportion of the cost as may be assessed against railroads or street railroads as herein provided; but two-thirds of said cost paid by the city and assessed against said property and the owners thereof, or secured by them to the city, shall be re- paid by such owners to the city in installments and with inter- est as herein set forth; provided, that any property owner may pay the whole amount assessed against him and his property in cash to the city at any time. Such payments shall become a part of, and sacredly preserved in, said street improvement fund, but any part of said fund may be used and invested and re-invested by the city for making other permanent street improvements, pro- vided, that sums so used or re-invested, shall be secured by as- sessments against property abutting upon such improvement and the owners thereof. (p) Where public improvements are ordered to be made oth- erwise than upon such petition and in the manner set forth in sub-section (o) hereof, the cost, or part thereof, may be assessed against abutting property and its owners, as herein provided, and in such cases the Board of Commissioners may provide that for that part of the cost which may be assessed against such proper- ty and its owners, the contractor, to whom the work may be let, shall look only to such property owners and their property, and that the city shall be relieved of liability for such portion of the cost. The Board of Commissioners may also authorize assignable certificates against abutting property or property owners, or against persons, firm^, or corporations using or occupying the public highways to be issued to the contractor or to the city and shall prescribe the form and terms of such certificate. The re- cital in such certificate that the proceedings with reference to making such improvements have been regularly had in compli- ance with the terms hereof, and that all. prerequisites to the fix- ing of the lien and claim of personal liability evidenced by such certificate, have been performed, shall be prima facie evidence of the facts so recited, and no other proof thereof shall be required, but in all courts the said proceedings and prerequisites shall, without further proof, be presumed to have been had or per- formed. Such certificates shall be executed by the Mayor and attested by the City Secretary, or such other officer as may be designated by the Board of Commissioners, with the corporate seal. (q) The city hsall have power to borrow money on its credit, and the Board of Commissioners may by ordinance, authorize the issuance by the city of its negotiable coupon bonds for the pur- pose of making permanent street improvements as embraced in Art. X. Sec. ], (r). Street Improvements M the terms of this article. Such bonds shall bear interest at the rate of not more than five per cent per annum, payable in semi- annual installments, and the principal thereof shall be payable in not less than forty years from their date. Such bonds shall otherwise be issued and executed in accordance with the terms of this charter with reference to the issuance of other bonds; pro- vided, that no such bonds shall be issued unless the question of such issue shall first be submitted ''r- a vote of the qualified prop erty taxpayers, and the same shall be approved at such election in accordance with the provisions of this act applicable thereto. The city may, for the purpose of making permanent street im- provements and providing for the interest and sinking fund of said bonds, levy an annual tax of twenty-five (.25) cents on each one hundred (100) dollars of taxable property within the city, provided the same shall first be approved by a majority of the qualified property taxpayers voting thereon at an election where- in the question of such levy is submitted to a vote of such tax- payers. Of such tax, so much as may be necessary, shall after such election and without any further submission to a vote of • such taxpayers, be annually levied for the purpose of paying in- terest on. and providing for the sinking fund of, such bonds; and so much as may be necessary of the proceeds of said tax shall be applied to these purposes. The remainder of the proceeds of such tax shall, together with the special assessments col- lected by the city upon abutting property or its owners, for street improvements, become part of a special and sacred fund to be known as the Permanent Street Improvement Fund; whic. fund shall be used or advanced only for the payment of the cost, or part thereof, of any permanent street improvement constructed under the terms of this section. The Board of Commissioners shall have authority to sell the said bonds and apply the proceeds of the said sale to the purpose of making suca permanent street improvements, but the said bonds shall not be sold for less than par. Such bonds shall not be sold by the city until approved by the Attorney General of the State and registered by the Comp- troller in accordance with the provisions of this charter. (r) Whereas, the City of Dallas has entered into contracts for the purpose of making sundry improvements, and may enter into other such contracts before thi.^ act shall take effect, under which contracts it is contemplated or may be provided that all or part of the cost of such improvements shall be assessed against property abutting upon the streets or highways upon which said improvements are to be made, and the owners thereof, and further procedure is or may be necessary to carry into effect such contracts and fully effect said assessments, and to pi'ovide for the collection thereof; therefore, notwithstanrling the repeal 82 Sidewalk Improvements Art. X, Sec. 2, (a). hereby of the existing charter of the City of Dallas, and its amendments, the said existing charter and amendments and the ordinances of said city shall remain in full force and effect for the purpose only of carrying into effect such contracts as have been or may be entered into under such existing charter and its amendments and the said ordinances; and the Board of Commis- sioners, created and authorized by this charter, are hereby au- thorized and directed, and it is hereby made their duty, to do and perform or cause to be done and performed all things which, by said existing charter and its amendments and the ordinances of said city, the City Council of said city, and officers thereof, act- ing thereunder, are now authorized or permitted to do in order to carry into effect the terms of said contracts and to assess the cost of improvements against such property and its owners, and to provide for the collection of said assessments, and to provide for the issuance of assignable certificates therefor; and to do and perform any other act or thing which may be necessary under the said existing charter and the amendments thereto and ordi- nances of said city to give effect to said contracts and to provide for the enforcement thereof. (s) The passage by the Board of Commissioners of an ordi- nance finally assessing against any property, or the owner there- of, the cost, or part thereof, of any improvement, and fixing a lien upon such property, shall operate as notice of such assess- ment and lien as against all creditors of the owners of such property, and all purchasers thereof, and the lien thereby fixed shall, without further record or proceedings, be effective against such creditors or purchasers. Sec. 2. The term "Sidewalk" as embraced in this article shall also include curbs. The City of Dallas, acting by its Board of Commissioners, is hereby empowered to construct, reconstruct, repair or cause to be constructed, reconstructed or repaired side- walks upon or along any street or avenue or public place, square or alley, or any part or section thereof, within the said city; and to asse&s the whole cost of the said sidewalks or part of same against the property which shall abut or front thereon and the owners thereof, except the cost of excavation or grading, which shall be borne by the city. (a) The power to construct, reconstruct or repair said side- walks, or cause the same to be constructed, reconstructed or re- paired, as provided in this section, and the procedure and methods herein provided, shall be exclusive of, and in addition to, such powers as are conferred and such procedure and methods as are set forth in Section 1 of this article and sub-sections thereunder. (b) The Board of Commissioners shall have power, in their Art. X. Sec. 2, (c) Sidewalk Improvements S3 discretion by resolution passed by a majority vote, to order the construction, reconstruction or repair of sidewalks, as herein provided, along or upon any street or avenue, public place, alley, or square, or part of section thereof within the city, or in front of any property abutting upon the same. No notice of the passage of said resolution shall be necessary. Such resolu- tion shall, in general terms, describe the sidewalk ordered to be constructed, reconstructed or repaired, the materials of which it is to be constructed or repaired, and the street, avenue, alley, square or place, or part or section thereof, along which said sidewalk is to be constructed, reconstructed or repaired. (c) Upon the passage of the said resolution, it shall be the duty of the City Engineer to forthwith prepare and present to the said Board of Commissioners specifications for the said sidewalks or repairs for same, detailing the manner of construc- tion, reconstruction or repair thereof, and the material or materials of which the same is to be constructed, reconstructed or repaired. If satisfactory, the Board of Commisisoners shall approve the said specifications and the same shall remain on file in the office of the City Engineer. (d) Upon the approval of said specifications, the City En- gineer shall at once prepare and file with said Board of Com- missioners statement consisting of the name or names of the owner or owners of property abutting upon the street, avenue, alley, public place or square, or part or section thereof, where sidewalks are ordered to be constructed, reconstructed or re- paired, and a brief description of the property of each owner, which may be by lot and block number, or any other description which shall be sufficient to identify the same, together with an estimate of the cost of the said sidewalk or the repair of same in front of the property of each owner, exclusive of the cost of grading and excavation. Upon the filing of said statement, it shall be the duty of the City Secretary, or such other officer as may be designated by the Board, of Commissioners, to pub- lish in a daily newspaper of general circulation within the City of Dallas a notice to the owner or owners of property in front of which said sidewalk or sidewalks are to be constructed, reconstructed or repaired, which notice shall briefly recite the fact that sidewalks have been ordered to be constructed, re- constructed or repaired by the Board of Commissioners, and state the street, avenue, alley, place or square, or section or part thereof, along which the same are ordered to be con- structed, reconstructed or repaired, and that plans and speci- fications for such work have been adopted by the Board of Commissioners and are on file in the office of the City Engineer, and notifying the owners of property abutting upon such pro- N) Sidewalk Improvements Art. X, Sec. 2, (e). posed sidewalk or sidewalks to couslruci, reconstruct or repair same in accordance with said resolution and specifications with- in thirty days from the publication of the said notice. The Board of Commissioners shall have power to adopt rules and regulations for giving additional notice to the owner or owners of such property in such manner as may be by said Board of Commissioners prescribed, or for personal service of notice upon property owners, but any such notice shall be In addition to, and cumulative of, the advertisement aboye provided for, and service of notice by such advertisement shall be deemed sufficient without further t)r additional notice. (e) The owner or owners of property abutting upon the -street, avenue, public alley, place or square, or part or section thereof, along which sidewalks are ordered to be constructed, reconstructed or repaired, shall, within thirty days from the publication of such notice, construct, reconstruct or repair the said sidewalks in accordance with such specifications, at his or their own cost and expense, except the cost of excavating and grading, which shall be borne by the city. (f) The failure of any owner or owners of property in front of whose property sidewalks have been ordered to be constructed, reconstructed or repaired, under the terms hereof, to construct, reconstruct or repair the same as herein provided, within thirty days from the giving of the said notice, is hereby declared to be a public nuisance, and the city, acting by its Board of Commissioners, is hereby authorized, by ordinance, to declare the failure to so construct, reconstruct or repair such sidewalks an offense against the criminal ordinances of said city, and to declare each day wherein the owner of such prop- erty shall neglect to so construct, reconstruct or repair said sidewalk after said thirty days a separate offense, and to im- pose a penalty for such offense by fine upon conviction in the corporation court not exceeding one hundred ($100) dollars. (g) If the owner or owners of any property in front of which sidewalks are ordered to be constructed, reconstructed or re- paired, under the terms hereof, shall not, within thirty days from the publication of said notice, have so constructed, recon- structed or repaired said sidewalk, the Board of Commisisoners shall have power, by resolution, and it shall be their duty, to order their construction, reconstruction or repair by the city, and to cause the same to be constructed, reconstructed or re- paired either direct by the city or to let the work of construc- tion, reconstruction, or repairing the same by contract under such rules and regulations as may be adopted by the Board of Commissioners, and with or without competitive bidding, at the discretion of the Board of Commissioners. Art. X, Sec. '2, (h). Sidewalk Improvements 85 (h) Whenever the city shall have constructed, reconstructed or repaired, or caused to be constructed, reconstructed or repaired any sidewalk, as herein provided, the Board of Com- missioners shall have power to assess the whole cost thereof, e.xcept the cost of excavation and grading, which shall be borne by the city, against the property abutting upon the street, ave- nue, alley, place or square, upon which sidewalks shall have been constructed, reconstructed or repaired, and the owner or owners thereof; provided that no assessment shall be made against any property, or its owner or owners, or personal liabilty declared unless the said property shall be specifically benefited by the construction, reconstruction or repair of the said sidewalk, nor for any sum in excess of the special benefit In enhanced value which shall accrue to the said property and its owner from the construction, reconstruction or repair of the said sidewalk. When such sidewalk is 'ordered to be con- structed, reconstructed or repaired in front of the property of one owner, subject to the terms hereof, the cost of such side- walk shall be assessed against such prbpei'ty, and the owner thereof. Where sidewalks are ordered to be constructed, re- constructed or repaired In front of the property of more than one owner, or in front of more than one lot along any street, public alley, square or place, or part or section thereof, the cost of construction, reconstruction or repair of the said side- walk in front of the property of each owner shall be assessed against such owner and his property separately and a separate liability against such owner declared. (i) No assessment for the cost of such sidewalk shall be made against any property or its owner, until the Board of Coro.missioners shall have first so declared, by resolution, direct- ing notice thereof to be given to the owner or owners of such property. Said notice shall be given by advertising the same in a dally newspaper of general circulation in the City of Dallas for three consecutive days, and also by mailing to said owner or owners a copy of said notice by registered letter deposited in the post office of Dallas, directed to the address of said owner, if known, but if the address of any owner be not known, then to the agent or attorney of such owner, if known; pro- vided, that the letters aforesaid shall be deposited in the post office not less than five days prior to the date set for the hearing hereinafter mentioned; and provided, further that the method herein prescribed for service or notice by registered letter shall be merely cumulative of the service of notice by publication above mentioned; and provided, that in all cases where personal service by letter shall not be obtained, the service by publication shall be deemed valid and binding. The 86 Sidewalk Improvements Art. X, Sec. 2, (j). notice aforesaid shall siate the time of the hearing hereinafter mentioned, the general character of the sidewalk ordered to be constructed, reconstructed or repaired, the street, avenue, public alley, square or place, or part or section thereof, along which the same has been constructed, reconstructed or repaired, and that the cost of the said work is proposed to be assessed against the owner or owners of property abutting thereon, and the date set for the hearing. Said hearing shall be not less than one week from the date of the first publication of the said notice. On the date stated in the notice aforesaid, or at any time thereafter, before any assessment is actually levied, any person or corporation interested in any property which may be claimed to be subject to assessment for the purpose of paying the cost of said sidewalks, or any other objection thereto. Such objection shall be entitled to a full and fair hearing before the Board of Commissioners as to all matters affecting said property or the benefits thereto, of such construction, reconstruction oi repair of such sidewalk, or as to any personal liability therefor, or as to any irregularity or invalidity in the proceedings with reference to constructing, reconstructing or repairing said side- walks, or any other objection thereto. Such objection shall be filed in writing specifying the nature thereof, and full oppor- tunity shall be given to the person or corporation filing the same to produce evidence, subpoena witnesses, and to appear in person or by attorney, and a full and fair hearing thereof shall be given by the said board; which hearing may be adjourned from time to time without further notice. The Board of Commissioners shall have power to inquire into and determine all facts necessary to the adjudication of such objections and the ascertainment of special benefits to the own- ers by means of the construction, reconstruction or repair of such sidewalk, and shall render such judgment or order in, each case as may be just and proper. Any objection to the regularity of proceedings with refer- ence to the construction, reconstruction or repair of such side- walk, or to the validity of any assessment, or the determination of personal liability against such property or its owners, shal. be deemed waived unless presented at the time and in thi manner herein specified. (j) When the hearing above mentioned has been concluded, the Board of Commissioners shall, by ordinance, assess against the owner or owners of property, or against their property abutting upon the sidewalks so constructed, reconstructed or repaired, the cost of constructing, reconstructing or repairing such sidewalk in front of the property of each owner and adjudge and declare a personal liability against such owner Art. X, Sec. 2, (k). Sidewalk Improvements 87 or owner thereof, if it shall have been determined by the board upon such hearing that said dfwner or owners and their property have been benefited in the enhanced value of said property in an amount at least equal to such cost; but if, in any case, it shall have been determined on such hearing that the property of any owner is not benefited in enhanced value by such con- struction, reconstruction or repair of such sidewalk, then no assessment shall be made against the property of such owner; or if, after such hearing, it shall be determined by said board that said property has been benefited in enhanced value in any amount less than the cost of the construction, reconstruction or repair thereof, then said Board of Commissioners shall assess against said owner and his property only such amount as shall equal the benefit received by such owner and his property. The ordinance making the said assessment shall fix a lien upon the property of each owner or owners and declare the owner or owners thereof to be personally liable for the respective amounts which may be against them assessed; and shall state the time at which the said assessments shall be paid, which shall not be longer than thirty days from the date of making the same. Such assessment shall bear interest from the date of making the same until paid at the rate of eight per cent per annum. (k) The amount assessed under the terms hereof against any property, or owner thereof, shall be secured by a lien upon said property, and shall constitute a personal liability against the owner or owners thereof in favor of the City of Dallas, and the said liability and lien may be enforced either by suit in any court of competent jurisdiction, or by sale of such prop- erty of said owner or owners, in the manner provided by law and this charter for the sale of property for other taxes. Said assessment shall include all costs and expenses of collecting the same where such costs are incurred, including reasonable attorney's fees where such attorney's fees are incurred. In all cases where sale of any property shall be made for non-payment of such assessment or assessments in the manner provided for the sale of property for non-payment of other taxes, such sale shall be made by the Tax Collector of the City of Dallas, or such other officer as may be designated by the Board of Com- missioners, and the deed executed by saiu Tax Collector, or such other officer as may be designated by the Board of Com- missioners, and the recital in the deed of such Tax Collector, or such other officer as may be designated by the Board of Commissioners, that all legal pre-requisites to said sale have been complied with, shall be prima facie evidence of the truth of the facts so recited, which facts shall, in all courts of law and equity, be presumed to be true without further evidence SS Public Utilities Art. XT, Sec. 1. thereof. The Board of Commissioners nui.\ , al it.s discretion, provide that assignable certificates^ be issued for the amount of such assessment, and shall have power to prescribe the form and terms of said certificates. Said certificates may recite that all legal pre-requisites to said assessment and the fixing of a lien upon said property have been complied with, which recital shall be prima facie evidence of the truth of the facts so reciieu, and without further proof said facts shall be presumed. (1) Any personl, firm or corporation having any interest in said property upon which said assessments shall have been made, shall have the right to contest the same or the. validity thereof or the regularity of any proceeding with reference '.o the said assessment or the special benefit received by the owner of any such property by filing suit in any court having jurisdiction thereof, in which suit the City of Dallas shall be defendant and any other proper party may be made defendant; provided, that such suit shall be brought within ten days from the date of the passage of the ordinance making such assess- ment upon such property, and if not so brought then, the owner or other person or corporation having an interest in said prop- erty shall thereafter be barred and estopped to question the validity thereof; ■ and this bar and estoppel shall apply to the heirs, assigns, successors and personal representatives of such person or cor])oration. ARTICLE XI. Public Utilities. 1. No street, alley or public highway in the City of Dallas shall ever be used by any person, firm or corporation for the construction or operation of a street railway, telegraph line, telephone system, electric light and power system, gas works, water works, sewer system or any other business of a public or quasi public nature, without obtaining authority therefor under a franchise granted by the Board of Commissioners, in accordance with the provisions of this act. It shall be the duty of the Board of Commissioners and the City Attorney to bring suit to enforce this provision against any person, firm or corporation violating the terms thereof, for the purpose of ejecting the offender from the occupancy of such property, and to recover damages for the illegal use thereof. 2. The City of Dallas shall have the exclusive right to erect, own, maintain and operate water works for the use of said city and its inhabitants, and to regulate the same, but shall not have the power or right to sell said water works Art. XI,. Sec. 3. Bonds 89 system. It shall have power to prescrilje rates for water rurn- islied to said inhabitants, and to make such rules and regula- tions as the Board of Commissioners may deem expedient; to acquire by purchase or donation Suitable grounds on which to erect such works, and necessary right of way and to do any- thing whatsoever necessary to operate and maintain said works, and to compel the owners of all property and the agents of such owners to pay all charges for water furnished upon such prop- erty. All receipts and revenues from the water works shall consti- tute a separate and sacred fund, which shall never be diverted or drawn upon for any other purposes than the extension, im- provement, operation, maintenance, repair and betterment of the water works and water supply; and sewer system of the city and for the purpose of constructing and extending lateral sewers in the sanitary sewer system of the city; but the Board of Commissioners may appropriate or pledge such receipts and revenues for the purpose of extending, improving, operating, maintaining and bettering the water works plant and mains and supply, and for constructing and extending lateral sewers, and also for the purpose of discharging or retiring the indebted- ness of the city that may be incurred or accrued for water works purj: 3. At the first general election to be held under this act. for the election of a Board of Commissioners, there shall be sub- mitted to a vote of the qualified electors who are taxpayers in said city the questions whether or not the Board of Com- missioners shall be empowered to issue bonds of said city in the amount of five hundred thousand dollars ($500,000), the proceeds of which shall be used for the betterment and exten- sion of the water works system belonging to the city and bonds of the city in the amount of one hundred thousand dollars ($100,- 000). the proceeds of which shall be used for street improve- ments, in accordance with the provisions of Article 10 hereof, and bonds of the city in the amount of $50,000, the proceeds of which shall be used for the erection of public school buildings; also whether a special tax of twenty-five cents on the one hun- dred dollars ($100) of taxable property shall be levied for street Improvement purposes. A separate ballot shall be used at said election which shall contain the following word's: "Special Bond and Tax Election." "For the issue of bonds in the sum of five hundred thousand dollars ($500,000) for the Improvement of the water works." "Against the issue of bonds in the sum of five hundred thou- 90 Public Utilities . Art. XI. Sec. 4. sand dollars ($500,000) for the improvement of the water works." "For the issue of bonds in the sum of one hundred thousand dollars ($100,000) for street improvements." "Against the issue of bonds in the sum of one hundred thou- sand dollars ($100,000) for street improvements." "For a special tax of twenty-five cents on the one hundred dollars ($100) for street improvements." "Against special tax of twenty-five cents on the one hundred dollars ($100) for street improvements." "For the issue of bonds in the sum of fifty thousand ($50,000) dollars for public school buildings." "Against the issue of bonds in the sum of fifty thousand ($50,000) dollars tor public school buildings." In the event either or all of said proposed bond issues shall receive the affirmative vote of a majority of those who shall vote thereon, the Board of Commissioners shall, as soon as prac- ticable, cause to be issued and shall sell, in accordance with said vote or votes, coupon bonds of said city, to bear interest not to exceed six per cent per annum, payable semi-annually at such places as may be designated by city ordinance, and shall appropriate and use the proceeds of such bond issue or issues in accordance with the result of said special election; provided, that such bonds shall be issued in compliance with provisions of Article 2, Section 2, of this act, and the several subdivisions of said section. If said proposed tax levy of twenty-five cents on the one hundred dollars ($100) of taxable property shall receive a ma- jority of the votes of those voting thereon, the Board of Com- missioners shall levy a special tax of twenty-five cents on the one hundred dollars ($100) of all taxable property, the proceeds of which shall be used for making street improvements, and to provide a sinking fund for street improvement bonds in accord- ance with the provisions of Article X hereof. 4. The Board of Commissioners shall have power, by ordi- nance, to provide for and construct a general sewer and drain- age system, to be divided into public and private sewers and drains, and to be constructed, maintained and regulated in such manner and out of such material as the Board of Commissioners may prescribe. Sewers may be established as the Board or Commissioners may direct, and there may be extension of branches and sewers already constructed or entirely new throughout, as may be deemed expedient. The Board of Com- Art. XI, Sec. 5. Condemnation 91 missioners may, if necessary, levy a tax on all taxable property In the entire city, to pay for the construction and repairs of such public sewers which shall be called a "special sewer tax," and shall be used solely for such purpose. No public sewer shall be run diagonally through private property when it is prac- ticable, without injury to said sewer, to construct it parallel with one of the exterior lines of such property. No public sewer shall be constructed through private property when it is practicable to construct it along or through a street or public highway. 5. The Board of Commissioners shall have the power to appropriate private property for public purposes whenever the Board of Commissioners of said city shall deem it necessary to take any private property either within or without the city limits, for any of the following purposes, to-wit: In order to open, change or widen any public street, avenue or alley, or for the construction of water mains, or for the purpose of con- structing or extending sanitary sewers, or erecting and construct- ing a sanitary sewerage disposal plant or system for the purpose of disposing of the sanitary sewerage of the city either within or without the city limits, or for the improvement and enlargement of the water works, including water supply, riparian rights, standpipes, watersheds, the construction of supply reser- voirs, or the construction, building, erection or establishment of any necessary appurtenance or facility which will furnish the Inhabitants of the city of Dallas with an abundant supply of wholesome water, etc., within or without the city limits of the city of Dallas, or for public schools, industrial schools, parks, squares and pleasure grounds, public wharves and landing place for steamers and other crafts, or for the straightening or improving of the channel of any stream, branch or drain, such property may be taken for such purpose, by making just com- pensation to the owner thereof. If the amount of such com- pensation shall not be agreed upon, it shall be the duty of the Board of Commissioners to cause to be stated in writing, the real estate or property sought to be taken, the name of the owner thereof, and his residence, if known, and the purpose for which said property is sought to be taken, and file such statement with the Judge of the County Court of Dallas County. at law, or the Judge of the Court having jurisdiction by law, to act in condemnation proceedings for railroad rights of way, in said county at the time of such proceeding. Upon the filing of such statement, it shall be the duty of such Juuge in term time or vacation, to appoint three disinterested freeholders, and qualified voters of the County of Dallas, as special commis- sioners, to assess the damages to accrue to the owners by 92 Condemnation iSrt. XI, Sec. 5. reason of such condemnation. The special commissioners so appointed shall, in their proceedings, be governed and controlled b.v the State laws in force in reference to the condemnation of right of way for railroad companies and the assessment of damages therefor, the City of Dallas occupying the position of the railroad company. And all laws in reference to the applica- tions tor the condemnation of right of way of railroad compa- nies, including the measure cf damages, the right of appeal, and the like, shall apply to an a])i)lication to the City of Dallas, under this charter for condemnation of property for the afore- said purposes, unless otherwise i)rovided herein; the City of Dallas to occupy the position of the railroad company. In estimating the damages to such property, the ,iury shall not only estimate the value of the land so taken, but they shall also estimate the damage done to the remainder of any land from which it is taken by reason of such taking and use; provided, however, that in case of condemnation of land for the opening, extending, widening of any street, or for straightening or improving of the channel of any stream, branch or drain, within the corporate limits of the said city, the Board of Com- missioners may, by ordinance, provide that the cost of such ]\roperty shall be paid for by the property owners owning prop- erty in the immediate vicinity thereof, and .benefited thereby. In such cases the City Engineer shall, under the direction of the special commissioners appointed, make a plat of the property which in the judgment of said special comniissioners, will be specifically benefitted and enhanced in value by the making of such improvements, whereupon such special commissioners shall issue notice to the owners of such property to appear before them at a time and place to be designated in such notices to show cause, if any, they may have, why such iiroperty should not be assessed to pay the cost of the property so condemned: such notices may be served by any police officer in the city of Dallas, or any other officer of the State of Texas, County of Dallas, authorized by the laws of said State to serve process of the courts of said State; and in all cases where such owner or owners, or any of them are absent from said city and county, upon the agent of such absent owner, if such owner shall have an agent, in said city or county, and in case such absent owner shall not have such agent, or in case the owner of such property ir, unknown, then such notice shall be published for two days consecutively in some newspaper published in the city of Dallas; such notice shall be given five full days befdre the final determination by the special commissioners of the amount of assessment against the owner of such property for such im- provement; said special commissioners sh;iTl determine the Art. XI. Sec. .'.. Condemnation 93 value of the projierty desired to be taken. ])elonsiiii; to the different owners thereof, if there be more than one such owner, and if there be only one such owner, the value of the same and shall also find how much of the cost thereof shall be assessed against the owner of each lot or subdivision of the land in the immediate vicinity thereof, specially benefitted and enhanced in value by making of such improvements, and shall report all such matters to the Board of Commissioners of tho City of Dallas, showing. a description of the property taken and con- demned and the name of the owner thereof, if known, and if the owner of any such property is unknown, shall state said fact, or if there _be more than one owner of such property, then the description of the property of each of said owners, if known, and if unknown, shall state such fact and the value of the prop- erty of each such owner so condemned, and also the description and name of the owner of each subdivision of property if known, and if unknown, shall so state, describing such property so as to identify it against which special assessment should, in the judgment of said board, be made to pay for such property condemned, such ai)portionment shall be made according to the benefits that will, in the judgment of said siiecial commission- ers, be received by or accrued to such lot or subdivision of l)roperty by reason of the making of such improvements herein. Such report- shall be signed by a majority of such special com- missioners, and shall be filed with the City Secretary for the consideration of the Board of Commissioners. The Board of Commissioners shall as soon as practicable after the filing of such report, consider the same and if the same is approved by a majority vote of the members present at the meeting, at which it considers the same, the same shall be final and binding upon the city and all i)arties at interest therein. If the Board of Commissioners shall approve said report, it shall levy a special tax against the property shown by said report to be benefitted and enhanced in value by such improvements, accord- ing to the recommendation made in such report; such taxes shall be a lien on the property against which the same shall be assessed, from the date of such levy and shall become due and delinquent at the time provided in the ordinance levying the same. If the same shall not be paid as jirovided in such ordi- nance, the City Assessor and Collector of Taxes shall proceed to collect same as provided in the ordinance, levying same by the advertisement and sale as provided in the City Chai-ter in cases of the sale of such property for delinquent ad valorem taxes; provided that it shall not be necessary to make sucb sales at the time as provided for in the sale of property for delinquent ad valorem taxes. The special commissioners ap M Franchises Art. XI, Sec. 6 pointed under the provisions of this section shall have the same power to issue writs and subpoenas and compel the attendance of witnesses, etc., as commissioners appointed for the condem nation of land, etc., for the right of way of railroads, under the general laws of the State of Texas, have; shall receive the same compensation for their services and shall be governed in all respects not herein otherwise provided by general laws in all matters relating to their procedure. The compensation for the land and property taken or damaged under the provisions of this section shall be paid to the owner of such property so taken or damaged, or secured by deposit set apart in money in the hands of the City Treasurer, subject to the order of such owner before such property is taken or damaged, provided the city may make such payment out of the general fund, if the Board of Commissioners shall deem it advisable and when the amounts assessed against the property specially benefitted as herein provided, are collected, may repay to the said general fund the amount so advanced, and such payment shall not be a waiver of the city's rights to make such collections. (Amend- ment of 1909.) 6. The Board of Commissioners shall have power to cause telegraph, telephone and electric light companies to change the location of their poles; also to cause all erected poles not in use to be taken down and removed. If such companies shalJ fail to do such things after being notified, the city may have the same done at the expense of such companies. The Board of Commissioners shall also have the power to require telegraph, telephone companies and electric light companies to run their wires under the ground, if, in the wisdom of the board, public interest should so demand. 7. Any person, firm or corporation holding any franchise heretofore or hereafter granted by the city, authorizing the use or occupation for any purpose of any street, avenue or alley in the city, or any portion thereof, and requiring or binding the person, firm or corporation holding such franchise to keep any portion of such street, avenue or alley so used or occupied, or the pavement thereof in repair, or to maintain the same in condition for public travel; or any person, firm or corporation who, under any contract heretofore or hereafter made with the city for the construction, reconstruction or repair of the pavement or other improvement of any avenue, street or alley, or any portion thereof, shall be or is bound to keep the same in repair or in good condition for public travel, or to do or to perform any duty relating to the maintenance or repair of such pavement or other improvement, for any term of years men- Art. XI. Sec. 8. Franchises 95 tioned in sucli contraci, who sliall ))e served with a wvitlen notice signed by any owner or owner.s of ])roperty abulting such street, avenue or alley, or such portion thereof, such notice to be so served by delivering in person, or by mail- ing same by registered mail to such person, firm or corporation, pr any officer or agent thereof, at the post- office address of his residence, and who shall fail or refuse to repair or place in condition for travel according to the terms or requirements of such franchise or contract the portion of such avenue, street or alley mentioned in such notice, which such person, firm or corjjoration is bound to repair or maintain, within ninety days after the date of the service of such notice, shall forfeit to the city the sum of $50 for each day after the expiration of said ninety days until said avenue, street or alley or portion thereof mentioned in said notice, and which such person, firm or corporation is bound to repair or maintain, is repaired and put in good condition for public travel, as re- quired by the terms of such franchise or contract, or until the requirements and terms of such contract are complied with, such sum or sums to be recoverable at the suit of the city or at the suit of any owner of property abutting said avenue, street or alley, or portion thereof, to the use of the city, in any court of competent jurisdiction. The penalty herein provided shall be in addition to and cumulative of any other penalty, condition or requirement contained in such franchise or contraci. In any suit brought under this section any judgment therein recovered may be made a lien upon any sum held by or deposited with the city, or in trust, to guarantee or secure the performance of the conditions of any such franchise or contract. 8. Whenever any franchise to any person, firm or corpora- tion has heretofore been made, or shall hereafter be made or granted by the Board of Commissioners for the use of any street of the city for the purpose or for the exercise of any public privilege or advantage, and the said grant has been or shall hereafter be made upon any conditions named in said grant of things to be performed by the said grantee, and such grant shall contain no condition of forfeiture, yet the breach of any condition so named in any such grant, or any failure on the part of said grantee to promptly pay any tax whatever assessed by the city, shall be or cause a forfeiture of the said franchise or privilege so granted, as if expressly stipulated for therein, and wherever any such grant has been or shall hereafter be made in consideration of the payment of any bonus, the said payment shall be secured by a prior lien on all property of said grantee, within the city, whether expressly stipulated for or not, and any failure to ])roniptly pay such bonus according to the 96 Saloons Art. XII. Sec. 1. terms of the grant, or any failure to pay any tax of any kind, shall be a cause of forfeiture of the franchise or jjrivileges grant- ed, whether such forfeiture be expressly provided tor or not. ARTICLE XII. Saloon Limits and Restrictions. 1. It shall be unlawful, except as hereinafter provided, to locate, establish, maintain or conduct a saloon, as hereinafter defined, within the corporate limits of the City of Dallas as now or as they may hereafter be established, outside of the limits bovmded as follows: Said prohibited limits not to include, however, the frontage on either side of the streets hereafter named as constituting the boundary of said prescribed limits: Beginning at the Trinity River where Payne Street, if extend- ed, would intersect; thence on Payne Street to Alamo Street; thence on Alamo Street to Burk Street; thence of Burk Street to Caroline Street; thence on Caroline Street to McKinney Ave- nue; thence on McKinney Avenue to Orange; thence on Orange, if extended, to Patterson Avenue; then on Patterson Avenue, to Bullington Street; thence on Bullington Street to Bryan Street; thence on Bryan Street to Hall Street; thence- on Hall Street to Live Oak Street; thence on Live Oak Street to Cantegral Street; thence on Cantegral Street to the Texas and Pacific Railroad; thence on the Texas and Pacific Railroad to Smith Street; thence on Smith Street to First Avenue; thence on First Avenue to Commerce Street; thence on Commerce Street to S. Pearl Street; then on S. Pearl to Cabell Street; thence on Cabell Street to S. Harwood Street; thence on S. Harwood Street to Marilla Street; thence on Marilla Street to Veal Street; thence on Veal Street to Wood Street; thence on Wood Street to Santa Fe Railroad tracks; thence with the Santa Fe Railroad tracks to Young Street; thence on Young Street to Poydras Street; thence on Poydras Street to a point where Poydras Street would intersect line drawn through center of block 156; thence west parallel with Commerce Street through the center of blocks 56, 49, 42, 33, 23, 13, 5 and 414 to the Trinity ^iver; thence with the Trinity River to the place of beginning; pro- vided, the public park known as the grounds of the Texas State Fair heretofore purchased by the city and now maintained as a public park is not and shall not be construed to be included within such prohibited limits, and the sale of intoxicating liquors upon the grounds and territory so purchased and main- tained by the city shall be lawful w^hen license shall be duly obtained therefor, together with the consent of the city authori- Art. XII, Sec. 2. Saloons HT ties in control of such park. Provided, furtlu'r, that said Board of Commissioners shall never have ])ower to authorize the es- tablishment and maintenance of saloons in that territory, here- tofore annexed to the City of Dallas and known as the territory of Oak Cliff. Provided, further, that should the City of Dallas set aside any defined territory upon which to colonize and segregate prostitutes, as is provided for in another section of this charter, in said territory so designated there shall never be established any saloon as the same is hereinbefore defined, nor shall spirit- uous, vinous or malt or intoxicating liquors of any kind whatever be sold wathin said designated territory. All saloons shall clcose their doors and places of business and transact no business at such places from 12 o'clock midnight until 5 o'clock a. m. of each week day and hall remain closed and transact no business at such places from 12 o'clock mid- night Saturday until 5 o'clock a. m. of the following Monday of each week. It shall be the duty of the proprietor of each saloon, or his agent, to keep posted in a conspicuous place therein, by the side of the Federal license under which said saloon is con- ducted, the licenses obtained by him from the State, county and city, and to write or print, in large letters, underneath said licenses the following words: "City license expires day of (.inserting the time of the exipiration of the last of such licenses so obtained and held by him.) If any owner or keeper of any saloon shall be convicted in any court for a violation of any provisions of this charter or of any offense against any law of this State, regulating or affecting the sale of intoxi- cating liquors, such conviction shall operate to forfeit the license under which such saloon is being operated, and the unearned portion thereof shall not be refunded, and all right to conduct such business thereunder shall he revoked by the Board of Commissioners, and thereafter no license for such purpose shall be issued by the city to such offending party for a period of two years. It shall be the duty of the Board of Commissioners to hear any complaints that may be preferred against the pro- prietor of any saloon, or his agent, touching the method of operating such saloon or any matters relating thereto, and if, upon such hearing, such complaint shall appear to them to be well founded, the Board of Commissioners, shall have power to make such orders and decrees with respect to such matters as it may deem necessary and it shall have power to enforce such orders under adequate penalties, and to revoke the saloon license of any person who may fail or refuse to comply there- with. The Board of Commissioners shall have ]iower to enact 9S Saloons Art. XII, Sec. 2. all such ordinances and to enforce such penalties as may be necessary to give effect to the foregoing provision. 2. Xo jierson shall establish, locate or maintain any saloon, being a place where intoxicating liquors shall be sold within the above prescribed limits, without first having obtained the license or tax receipt from the Board of Commissioners as is provided by the general law to be issued by cities to persons engaged in such business, and paying therefor the amount of license fees or tax, as is provided by the general law to be charged by cities: provided, however, that no such license shall ever be issued to any person applying for same, unless such ])erson shall make application in writing for such license, and set forth in such application the exact place where the proposed saloon is to be located, and show by a map or other evidence that there are not more residences than there are business houses within a radius of three hundred (300) feet from the center of such proposed saloon. If upon examination of such applica- tion the Board of Commissioners are satisfied that there exist more business houses than residences within the radius as hereinabove prescribed, and that the applicant for such license is a person of good moral character, such license shall be issued to the applicant; subject, however, to the hereinafter stated conditions, the failure to observe any one of which shall author- ize the Board of Commissioners to forfeit and revoke any license granted hereunder, viz: First. That said iierson so obtaining said license shall, at all times, conduct said saloon in strict accordance with the conditions of the liquor dealers' bond, which is required l)y the S'tate law to be executed by such person. Second. That such i)erson shall fully o])serve all of the laws of the State and city relating lo the closing of said saloon on Sunday or other days jn-escribed by law. Third. That said saloon shall be closed at 12 o'clock mid- night every night, and shall remain closed till 5 a. m. every day during the week, save and except that said saloon shall close on Saturday night at 12 o'clock midnight, and remain closed till ."> o'clock Monday morning. Fourth. That said person or his agent or employes shall not be found guilty in any court of conii)etent jurisdiction of the violation of the Sunday law in connection with the saloon to which the license is herein issued or of selling intoxic-ating liquors to minors, or of permitting lewd or indecent women to resort lo such saloon. Art. Xir, flee. 4. Saloons '.i'.' 3. The license granted hereunder shall be granted for the period of one year, and shall not be transferred or assigned without the written permission of the Board of Commissioners, and in any such case, the person to whom such license is assigned or transferred shaJl present to the Board of Commis- sioners the same petition as is herein required of the person to whom said license was originally granted. Should it come to the knowledge of the said Board of Commissioners that the person to Avhom a license has been issued is violating any of the conditions hereinabove set forth, the Board of Commission- ers shall issue a notice to such person to appear before said board on a date fixed in such notice, to then and there show cause why said license, so issued, should not be forfeited and revoked. Such person shall be required to respond to such notice, and may answer same in person or by his attorney, but if such person should fail or refuse to anwser such notice by the time fixed therein, the Board of Commissioners may, if they deem it proper, revoke such license and such person shall thereafter be subject to ttie penalties hereinafter provided for, if he shall continue to maintain or conduct such saloon. When- ever any person shall appear in obedience to such notice, the Board of Commissioners shall investigate the charge against the said person, and if the Commissioners should conclude, after a full hearing thereof, that the person to whom such license was issued has violated any of the conditions hereinabove set forth they shall have the power to revoke and forfeit such license, and it shall thereafter be unlawful for such person to continue conducting such a saloon at said place. For the purpose of further investigating and examining into the question of whether the said licensee has violated any of the conditions as herein set forth, the said Board of Commissioners shall have full power and authority to compel the attendance of witnesses, and to punish said witnesses for contempt in the same manner as is precribed by law for the County .Judge to punish for con- tempt and shall also have power to administer oaths to wit- nesses. All process shall be served by the Chief of Police or any police officer of the city, and be signed by the .Mayor and the Secretary of the Board. 4. Any person conducting, locating or maintaing any sa- loon without first having obtained the. license provided for, shall be subject to a fine of $200 for each and every day that such saloon is conducted, maintained or established without a license. 5. After any such license issued to any person shall be 111(1 Ordinances Art. XIII, Sec. 1. revoked or forfeited by said Board of Commissioners in the manner as herein prescribed, it shall be the duty of the said person to immediately discontinue the conduct of said saloon, and upon his failure to do so, he shall be subject to a fine in any sum not exceeding $200 for each and every day that the said saloon is conducted and maintained after such license has been revoked and forfeited. ARTICLE XIII. Ordinances. 1. Every ordinance passed by the Board of Commissioners shall be enrolled by the Secretary or such other officer as may be selected by the Board within the next succeeding five days, Sundays excepted, or as soon thereafter as practicable. It shall then be carefully compared with the ordinance and all amend- ments, if any, by the City Attorney and at least one member of the Board of Commissioners who may be charged with that duty by the Board of Commissioners. If errors exist they shall be corrected. If no errors exist, or if found, then, after their correction, the Commissioner and City Attorney making the comparison shall endorse on the margin, the words "correctly enrolled," and give the date thereof and subscribe his name thereto. Every ordinance imposing any penalty, fine, imprison- ment, or forfeiture for a violation of its provisions, shall, after the passage thereof, be published in every issued of the official newspaper for three days successively (excluding Sundays), and proof of such publication by the printer or publisher of such newspaper, made before any officer authorized to administer oaths, and filed with the Secretary of the Board of Commis- sioners, or any other competent proof of such publication shall, in all courts, beconcluslve evidence of the legal publication and promulgation of such ordinances; provided, that amendments and corrections made in digesting and revision for publication in book form need not be so published. All ordinances, except as above provided, shall be published at least once in some newspaper in the City of Dallas, and shall take effect as pro- vided in Section 1 of Article VIII of this Charter. All ordinances of the city, when printed and published and bearing on the title page thereof, "Ordained and published by the Board of Commissioners of the City of Dallas," or words of like import, shall be prima facie evidence of their authenticity, and shall be admitted and received in all courts and places without further proof. 2. The style of all ordinances shall be "Be it Ordained by Art. XIV, Sec. 1. Miscellaneous Provisions 101 the Board of Commissioners of tlie City of Dallas," but such caption may be omitted when said ordinances are published in book form or are revised and digested under the order of the Board. 5. The Board of Commissioners shall have power to cause the ordinances of the city to be printed in code form, and shall have the same rearranged and digested as often as to the Board may seem avisable. 4. In all judicial proceedings it shall be sufficient to plead any ordinance by caption, or by the number of sections thereof wanted, and it shall not be necessary to plead the entire ordi- nance or section. All printed ordinances or codes of ordinances published by authority of the Board of Commissioners, shall be admitted in evidence and shall have the same force and effect as would the original ordinances. .5. All ordinances of a general nature shall be published at least once in some newspaper in the City of Dallas. 6. All ordinances, resolutions, rules and regulations now in force in the City of Dallas, and not in conflict herewith, shall remain in force under this act until altered, amended or re- pealed by the Board of Commissioners, after this act shall take effect. 7. All ordinances of the City of Dallas which may be invalid or defective, but which if passed under the provisions of this act, would be valid, are hereby validated as if passed under the provisions of this act. ARTICLE XIV. Miscellaneous Provisions. 1. The City of Dallas, acting through the Board of Com- missioners, shall have power to do by day labor under municipal direction, any work w^iich may become advisable, or necessary to be done. 2. In all work done by or for the city, either by day work or by contract, eight hours shall constitute a day's work; and no employe of the city on work for the city, or employe of any contractor or subcontractor of such work, shall be required to work longer than eight hours in any one calendar day; provided, that this section shall not apply to the fire or police department or to employes engaged in clerical work for the city; and pro- 102 Miscellaneous Provisions Art. XIV Sec. 3. vided, further, that this section shall not be construed to apply to any contract entered into by the ^ city prior to the passage of this act; provided, that in case of emergency, an employe may be required to work longer than eight hours, but when so required to work longer than eight hours, such employe shall be ])aid for such over-time at the rate of one and one-half times the rate such employe is paid for his labor during the eight hours. 3. All persons or corporations owning or holding personal property or real estate in the City of Dallas on the first day of January of each year shall be liable for all municipal taxes levied thereon for the fiscal year beginning the next following May. 4. The personal property of all persons owing any taxes to the City of Dallas is hereby made liable for all of said taxes, whether the same be due upon personal or real property, or ui)on both. 5. The Board of Commissioners shall have power to provide for taking an enumeration of the inhabitants of the city. And it shall be the duty of the Governor of the State whenever the Board of Commissioners shall by resolution so request to appoint a commissioner who shall supervise such enumeration, whose compensation, together with all the expenses of such enumera- tion, shall be paid in such manner as the Board of Commission- ers njay provide. 6. The Board of Commissioners shall not have the power or authority to sell, lease, or in any manner dispose of the city hospital, except by the consent of the majority of the qualified voters of the City of Dallas voting at an election held for such purpose. 7. No property of any kind — church, school or otherwise — in the City of Dallas shall be exempt from any of the special taxes and assessments authorized by this charter for local im- provements. 8. The fiscal year of the City of Dallas shall begin and end at 12:0] o'clock, noon, on the first day of May in each year. 9. All bonds, contracts or other instruments requiring the assent of the city, shall be signed by the Mayor, or the acting Mayor, and all legal process against the city shall be served upon the Mayor, or acting Mayor. 10. In addition to the other modes of collection anywhere in this act provided, all taxes due the city, whether general or special, assessments for irnprovements or otherwise, may be Art. XIV, Sec. 11. Miscellaneous Provisions 10?> collected by an action of de))t, and liens on real estate may be foreclosed in any court having jui'isdiction. The assessment rolls relating to such taxes shall be taken as prima facie evi- dence of the statements made therein, and the city shall have authority to become the purchaser at all sales of property for taxes due it, under judgTnent or otherwise. It shall be the duty of the Mayor to attend such sales to make such purchases if they be necessary, or to empower some other person to do so on behalf of the city. 11. Before the City of Dallas shall be liable for damages of any kind the person injured, or some one in his behalf, shall give the Mayor or City Secretary notice in writing of such injury within thirty days after the same has been received, stating specifically in such notice when, where and how the injury occurred and the extent thereof. The City of Dallas shall never be liable on account of any damage or injury to person or property arising from or occasioned by any defect in any public street, highway or grounds or any public work of the city, unless the specific defect causing the damage or injury shall have been actually known to the Mayor or City Engineer by per- sonal inspection for a period of at least twenty-four hours prior to the occurrence of the injury or damage, unless the attention of the Mayor or City Engineer shall have been called thereto by notice therof in writing at least twenty-four hours prior to the occurrence of- the injury or damage and proper diligence has not been used to rectify the defect after actually known or called to the attention of the Mayor or City Engineer as afore- said. 12. It shall not be necessary in any action, suit, or proceed- ing in which the City of Dallas is a party, for any bond, under- taking or security to be executed in behalf of said city, but all such action, suits, appeals, or proceedings, shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable as if sncli o])ligation had been duly given and executed. 13. The property, real and personal, belonging to said city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said city, in the hands of any person be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer to any writ of garnishment on any account whatsoever, nor shall said city be liable to the assignee of any wages of any officer, agent or employe of said city, whether earned or unearned, upon any claim or account lul. Miscellaneous Provisions Art. XIV. Sec. 15. whatsoever, and as to the city any such as.signnienl shall be absoliitely void. 14. Whenever, in the opinion of the Board of Commission- ers, any buildings, fence, shed, awning or structure of any kind or part thereof, is liable to fall down and injure persons or property, the Board of Commissioners may order the owner or agent of same, or occupant of the premises, to take down and remove the same within such time as it may direct, and may punish by fine and imprisonment, or either, all persons failing so to do. The Board of Commissioners shall have the additional power to remove the same at the expense of the city on account of the owner of the property, and assess the expenses thereof, including condemnation proceedings, as a special tax against the land, and the same may be collected as other special taxes provided for in this charter, or by suit in any court of competent jurisdiction. 15. The Board of Commissioners shall have full power to condemn all dangerous buildings or obstructions of any kind and may provide regulations therefor by ordinance. 16. All writs, subpoenas, or other process, issuing out of the city court, shall rtm in the name of the City of Dallas, and may be executed and served by the Chief of Police or his depu- ties, or policemen of said c^cy anywhere in Dallas County, Texas. 17. In all cases where, by any of the provisions of this act, or by ordinances in pursuance thereof, a person is required to obtain a license for any calling, occupation, business or vocation, and has, on complaint before the corporation court, been ad- judged guilty of violating any rule, regulation or ordinance of the city in relation thereto, said court, in addition to the punish- ment to be imposed therefor, may suspend or revoke the license so granted. 18. The term "officer," as used in this charter, shall apply only to those officers who are elected by the people, or are ar» pointed or confirmed by the Board of Commissioners for a fixed and definite period, and the same does not include policemen, except the Chief of Police, and does not include other agents or employes of said city. All city officers and employes shall enter into such bond for the faithful performance of their duties as the Board of Commissioners may require, by ordinance or reso- lution, and shall perform such other and further duties as the Board of Commissioners may from time to time prescribe. 19. All qualified electors of the State who shall have resided for six months immediately preceding the election within the Air. XIV, Sec. 20. Miscellaneous Provisions 105 limits of said city shall have the right to vote for Mayor and all other elective officers of said city, but in all elections to deter- mine the expenditure of money, or assumption of debt or levy special taxes, only those shall be qualified to vote who pay taxes on property in said city, such qualification to be ascer- tained by an inspection of the assessment rolls. 20. The Board of Commissioners shall have the right to remit, in whole or in part, any fine or penalty belonging to the city, which may be imposed under any ordinance, or resolution passed in pursuance of this act. 21. No lien of any kind can ever exist against the public school buildings, public halls, parks or public works of the City of Dallas. All sub-contractors, materialmen, mechanics and laborers upon any public works of the City of Dallas are hereby required to notify the city of all claims they may have on account of such work against the city, and when such notice has been given, the ^ city shall retain an amount from any funds due the contractors, sufficient to satisfy all claims: provided, that such notice may be given at any time after such indebted- ness becomes due and before final settlement; and provided, further, that no contractor or sub-contractor shall issue any time checks on or on account of any public works of said city. 22. The Board of Commissioners shall require good and sufficient bonds of all contractors, with at least two good and sufficient sureties, who shall be residents of the State of Texas. No non-residents of the State shall ever be received as surety on any bond payable to the City of Dallas, except such guarantee companies as may be satisfactory to the Board of Commission- ers, and in all cases at least one of the sureties must be a resident of Dallas County, Texas. When bondsmen are not residents of Dallas County, such proof of their solvency may be required as the Board of Commissioners may deem necessary. 23. All appropriations made or set apart for the payment of any interest or sinking fund, or both, shall, under no circum- stances, ever be diverted to any other purpose. 24. All questions arising in administering said city govern- ment, and not provided for in this act, shall be governed by the State law in such cases made and provided. 25. No office provided for in this act, not now already existing, shall be held to be created until the same is established by an ordinance of the Board of Commissioners. 26. This act shall be deemed a public act, and judicial 106 Miscellaneous Provisions Art. XIV, Sec. 28. notice shall be taken theieof in all courts and i)laces, without the same having been pleaded or read in evidence. 27. The Board of Commissioners shall have the power to prohibit the working of State convicts within the corporate limits of the city. 28. The Board of Commissioners shall have power to pro- hibit minors from going and being on the public streets and in public places in the City of Dallas between the hours of 9 o'clock p. m. and 4 o'clock a. m., at night, without the consent of their parents or guardians. 29. The provisions of this act, in so far as they may conflict with any State law, shall be held to supersede' the said law to that extent, and it shall not be held invalid on account of such conflict. 30. All elections shall be held according to the provisions of the law of the State of Texas applicable thereto; the presiding judges thereof shall be qualified voters in the city. The Board of Commissioners shall provide for their compensation and regulate and define their duties and powers, and they shall have such .iudges and clerks as are in such cases provided for by the laws of the State of Texas, which judges and clerks shall be selected by the presiding judge. In case the person so appointed the presiding judge is unable, fails or refuses to act as such, or the Board of Commissioners shall fail to appoint, or in case no presiding officer appears to open the ])olls, the attending qualified voters shall api)oint such officer, who shall have the same powers, and perform all the duties of the pre- siding judge. But in such cases, such judges shall in their returns certify that the presiding officer acting as such, was duly elected by the electors present. 31. The manner of conducting, and voting at such elections under this act, keeping the poll lists, canvassing the votes and certifying the returns, shall be such as is provided by the laws of the State of Texas for similar elections, and as may be provided by the Board of Commissioners by ordinance. 32. The managers of elections shall be sworn to well and truly conduct the elections, without partiality or prejudice, and agreeable to law. according to the best of their skill and ability, which oath shall be administered to the judges and clerks by the presiding officer. The presiding officer shall be sworn to discharge the duties of presiding officer of elections to the best of his skill and ability, which oath shall be administered by the Mayor, City Secretary or any justice of the peace. 33. Whenever it shall happen in any election that there is Art. XIV, Sec. :!4, Miscellaneous Provisions 107 a tie between one or more candidates for the same office, the Board of Commissioners shall declare such election void as between such candidates, and order a new election for such office, giving at least ten days' notice thereof. Every person elected or appointed to any office in the City of Dallas shall, before he enters upon his duties, take the official oath prescribed by the State Constitution, and such additional oath as the Board of Commissioners may prescribe to secure a faithful performance of duty. Any officer ceacing to possess any of the qualifications re- quired of him at the time of his election, shall thereby vacate his office, and the same shall be filled as herein provided. 34. All rules and regulations and ordinances concerning the police and fire departments of the City of Dallas in force when this act goes into effect, and which are not in conflict with this act, shall be and remain in force until altered, amended or repealed by the Board of Commissioners; and all such rules and regulations and ordinances as may be in conflict with this act are hereby repealed. Xo person shall be eligible to appointment, or to be appointed, or serve as a policeman, officer of police or fireman of the City of Dallas, who shall have been convicted of any offense, the punish- ment for which may be confinement in the State penitentiary; nor shall any person be appointed who is not shown to be of good character, or who can not read and write the English language, or who does not possess ordinary physical strength and courage. All policemen and firemen of the City of Dallas shall hold their positions during good behavior, and shall not be removed from same except for such cause as in the opinion of the Board of Commissioners renders them unfit to remain in the service of the city, and after written notice giving the grounds for such discharge or removal and an opi)ortunity to be heard on such charges, or reasons. The Board of Commissioners shall have the authority to make provision for the care and sustenance of policemen and firemen who have been disabled while in the active discharge of their duties in the service of the city, or who after long and continuous service have become, by reason of old age and infirmities, inca- pacitated to discharge their duties. After January 1, 1910, all policemen and firemen who shall have served continuously for ten consecutive years and wiio have not been found guilty of any charges for violation of any of the rules of said department, shall each receive as salary the sum of .$2.50 per month in lOS Miscellaneous Provisions Art. XIV, Sec. 35. addilion lo tlieir regular salaries; for fifteen years of such service $5 per month in addition to their regular salaries: for twenty years of such service, $7.50 per month in addition to their regular salaries; for twenty-five years of such service, $10 per month in addition to their regular salaries. 35. The offices of ^Nlayor, Aldermen, Police Commissioner and Fire Commissioner, as said offices are at present created and constituted by the City Charter of the City of Dallas, Texas, are hereby abolished and vacated; and such offices and the salaries thereof shall wholly cease and expire at the time when the Mayor and Board of Commissioners, as constituted in this act,' shall be elected and qualified. All other officers, in- cluding the Chief of Police and the Chief of the Fire Department of the City of Dallas, shall have the right to serve until the end of the terms for which they w^ere respectively appointed or elect- ed. Such officers shall, however (except the members of the Board of Education), be under the direct control, supervision and management of the Board of Commissioners, as herein created, and each of said officei's shall be subject to removal by said Board for incompetency, insubordination or any other good cause, if complaints or charges shall be preferred against him and upon trial thereof he shall be found guilty by said Boara of Commissioners. The salaries of said officers so retained shall not be increased or diminished during their terms of office. 3<). It shall be the duty of the ]\Iayor as soon as this act shall take effect, to order an election on the sixth Tuesday after this act takes effect, at Avhich election a Mayor and four Commissioners shall be elected at large in the City of Dallas, and the proposed bond issues and special tax prescribed in Sec- tion 3, Article XI, shall be submitted to the qualified property taxpayers of said city. If, for any reason, the Mayor shall fail to make such call for said election within forty days after this act becomes a law, th^n it shall be the duty of the County Judge of Dallas County to issue said call for said election and to give twenty days' notice thereof. Said election slfall be held accord- ing to the laAvs of the State oi Texas applicable thereto, except where the same may be in conflict with the provisions of this act. The presiding officers thereof shall be qualified voters of the City of Dallas and shall receive such compensation and perform such duties as may be provided by law and ordinance of the City of Dallas. In case such presiding officer so appointed fails or refuses to act, or in case no presiding officer appears to open the polls, the attending qualified voters shall appoint Art. XTV, Sec. ?>1. Miscellaneous Provisions 109 such officer, who shall have the same powers and perform all the duties of presiding judge. But in such cases such judges shall, in their return, certify that the presiding judge acting as such, was duly elected by the electors present, naming at least three such qualified electors present and voting. The Mayor and four Commissioners elected at said election, as provided herein, shall hold their respective offices, perform their duties and receive their pay until the first Tuesday in April, A. D. 1909, and until their successors are elected and (lualified. There shall be held on the first Tuesday in April, A. D. 1909, and every two years thereafter, unless otherwise provided by law, a regular election for a Mayor and four Commissioners, who shall perform their duties and discharge the obligations con- ferred upon them by this act, and who shall retain their offices for two years and until their successors are elected and qualified. 37. All taxes lieretofore levied and assessed by the City of Oak Cliff and not collected when this act goes into effect, shall be collected by the City of Dallas, as other taxes are collected. 38. The public schools of Oak Cliff, as they now exist, shall be maintained and kept at the present high standard, including all the grades as they are now maintained under the control and management of the Board of Education of the City of Dallas and the provisions of the Charter of the City of Dallas applicable thereto. 39. There shall always be maintained within the said terri- tory of Oak ^.lE heretofore annexed to the said City of Dallas, an adequate fire station properly and adequately equipped with sufficient force to operate the same witnout discrimination. Said territory oi Oak Cliff heretofore annexed to the City of Dallas, is hereby declared to be a residence district and the city government of Dallas shall never have authority to permit any intoxicating liquors to be sold, bartered or exchanged within said limits. The present statute of local option as it now exists in said territory of Oak Cliff shall not be repealed or changed by any act of tue city government of Dallas, and should any election be held on said question, it shall be held solely in the entire justice precinct in which the City of Oak Cliff was and is situated prior to the adoption of this act, to-wit: Precinct No. 7, Dallas County, Texas, as it is now constituted. The Board of Commissioners of the City of Dallas shall expend for street improvements within the limits of the territory of Oak Cliff heretofore annexed to the City of Dallas, annually. 11(1 Miscellaneous Provisions Art. XIV, Sec. 40. not less than two thousand (.?2,000) dollars for a period of five years from and after the 3rd day of July, 1903. All lawful franchises and contracts made and granted by the City of Oak Cliff shall continue valid and unaffected by the embracing or including within the limits of Dallas the said territory: provided, that all moneys heretofore required by any of said contracts to be paid to the City of Oak Cliff shall after the passage of this act be paid to the City of Dallas. 40. It shall be unlawful for any person to ineumber or obstruct any street, highway or grounds of the City of Dallas with any posts, boxes, lumber, fences or with anything else. Any person violating the provisions of this section shall be subject to a fine in any sum in the Corporation Court, not exceeding two hundred dollars, and each and every day that any obstruction shall exist shall constitute a separate'and distinct oft'ense. 41. No officer or employe of the City of Dallas shall ever accept', directly or indirectly, any gift, favor, privilege or em- ployment from any public utility corporation enjoying a grant of any franchise, privilege or easement from said city, during the term of office of such officer, or during such employment of such employe, except as may be authori\zed by law or ordinance. Any officer or employe of the city who shall violate the provisions of this section shall be adjudged guilty of a misdenieanor and shall be imprisoned in the county jail not less than three months nor more than twelv© months, or shall be fined not less than five hundred dollars nor more than one thousand dollars, or may be punished with both such fine and imprisonment, and shall be subject to removal from office. 42. Xo contract shall be entered into by the Board of Com- missioners until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts shall be made upon specifications, and no contract shall be binding upon the city unless it has been signed by the Mayor and counter- signed by the Auditor and the expense thereof charged to the proper appropriation : and whenever the contract charged to any appropriation equals the amount of said appropriation, no further contracts shall be countersigned by the Auditor. All contracts, of whatever character, pertaining to public improvements, or the maintenance of public property of said city, involving an outlay of as much as five hundred ($500) dollars shall be based upon specifications to be prepared and sub- mitted to and approved by the Board of Commissioners: and after approval by the Board of Commissioners, advertisement for the proposed work, or matters embraced in said proposed Art. XIV, Sec. 43. Miscellaneous Provisions 111 contract, shall be made, inviting competitive bids for the work proposed to be done, which said advertisement shall be published in a dailj- newspaper not less than five times. All bids submitted shall be sealed, shall be opened by the Mayor in the presence of a majority of the Board of Commissioners, and shall remain on file in the office of City Secretary and be open to the public inspection for at least forty-eight hours before any award of said work is made to any competitive bidder. The Board of Commissioners shall determine the most ad- vantageous bid for the city, and shall enter into contract with the party submitting the lowest secure bid; and if, in the opinion of the Board of Commissioners, none of said bids are satisfactory, then the Board of Commissioners may have the said work done by day labor, and a detailed statement of all such work done by day labor, showing the cost of same, shall be filed with the Board of Commissioners. Pending the advertisement of the work or contract proposed, specifications tnerefor shall be on file in the office of the City Secretary, subject to the Inspection of all parties desiring to bid. 43. In addition to all the powers elsewhere granted in this act, the City ot Dallas shall have power to prohibit the erection, construction and maintenance of oil houses, where oil is stored, or oil yards in any portion of the city, and to prohibit the erection of such oil houses or oil yards where oil is stored within certain distances of the main lines of any railroad, and to prohibit the erection and location of oil houses and the storing of same in any part of the residence district of the city, and to authorize the inspection or a- such oil houses and oil yards; and to require the building or construction of all oil houses out of fire-proof material. To require the construction of suitable fire-escapes on or in hotels, loaging houses or other buildings, whether now built or hereafter to be built; to reguiate the construction of all passenger or freight elevators used in buildings and to pro- vide for their inspection, and to pass all suitable laws necessary for the safety and protection of life or property in the use of such elevators; to regulate and prohibit the construction of livery stables or blacksmith shops in the resident portion of the City of Dallas; to prohibit the erection or construction of any building or structure of any kind within the City of Dallas with- out a permit first having been issued by the City for the con- struction or erection of such building or structure, and to author- ize a fee to be charged for such permit; to authorize the inspec- tion by the city of all buildings or structures during the progress of their construction; to require that all buildings shall be constructed in comformity to the building regulations which may 112, Miscellaneous Provisions Art. XIV, Sec. 44. exist in said city, or which shall hei'eafter be passed; to license, tax and regulate draymen, hackmen, omnibus drivers, baggage wagon drivers and drivers of vehicles of every kind, and all others pursuing like occupations, with or without vehicles, and prescribe their compensation, and to make it a misdemeanor for any person to attempt to defraud them of any legal charge for services rendered; to regulate stands for vehicles and regulate license and restrain runners for railroads, vehicles of any kind, hotels, public houses of any kind, or other business of any kind; to prohibit or regulate hacks, move wagons, baggage wagons or drivers of any thereof from making public stands in the streets of the city, and the Board of Commissioners may, if in their judgment they deem best, prescribe certain bounds, within which no hack, move wagon or other vehicle or wagon let for hire shall occupy any portion of the public streets therein for the purpose of a public stand or a private stand. 44. The Board of Commissioners shall have power to sum- mon and compel the attendance of witnesses, and the production of books and papers before them whenever it may be necessary for the more effectiv discharge of their duties, and shall have the power to punish for contempt before them with the same fines and penalties as the County Judge may punish for con- tempt before the County Court. All process shall be signed by the Mayor and attested by the City Secretary, and shall be served by the Chief of Police or any police officer of the said city. 4.5. In the event any part, article, section or subdivision of this act shall be held to be unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of the act, but the same shall continue in full force and effect notwithstanding such holding. 46. The act entitled "An Act to Incorporate the City of Dallas and grant it a charter," contained in the special laws of the Twenty-Ninth I.egislature, and all other acts relative to the incorporation of the City of Dallas, so far as the same may conflict with this act, shall be and the^ same are hereby repealed, but all property actions, rights of action, claims and demands of every nature and kind whatever vested in the city or existing or asserted against the city, under and by virtue of said laws hereby repealed, shall vest in and remain and inure to the said corporation and to the persons asserting such claims against it, under this act as fully and completely in all respects as if the said laws had not been repealed. 47. Whenever any power, authority or right is conferred Art. XIV, Sec. 48. Miscellaneous Provisions 113 herein upon the City of Dallas, or upon the Board of Commis- sioners, and provisions are incorporated herein for the exercise thereof in different ways, each of such provisions shall be held and construed to be cumulative of the other referring to the same subject, and in such cases, the Board of Commissioners shall be empowered to use its own discretion with respect to which of such powers it shall exercise. 48. All elections for the approval or rejection of bond issues, the granting of franchises and the levying of special taxes, wherein such matters shall be submitted to a vote of the tax- payers of the city, shall be held at a general election in said City of Dallas, and the elections held to elect members of the Board of Commissioners and the Board of Education shall be the only elections in said city which shall be denominated gen- eral elections. Sec. 48-A. That the Board of Commissioners may at such time as may be deemed advisable by them, order a special election to be participated in and held by the qualified voters of the City of Dallas, who are property tax payers in said city, for the purpose of determining upon the proposition of the issuance of bonds of the City of Dallas, in such an amount as may be deemed necessary by the Board of Commissioners, in order to raise funds to dispose of and divert the sanitary sew- erage of the city of Dallas / from being discharged into the Trinity River. That subdivisions five, six, seven, eight and nine of Article II of the City Charter or act hereby amended, shall govern and control the manner of issuing the bonds hereby authorized; and said election shall be held in accordance with the provisions of the City Charter and laws of the State ap- plicable thereto. (Amendment of 1909.) 49. The City of Dallas shall have the same right of appeal as is allowed the defendant from the judgment of the Corpora- tion Court in all criminal cases involving the constitutionality or validity of any statute of the State of Texas or any ordinance of the City of Dallas. 50. There shall be printed upon the official ballot to be used at the first election to be held under this act, above the names of the candidates upon said ballot, the following words: "For the recall." •'Against the recall." Every qualified voter voting at said election shall be entitled to vote upon said subject. In the event of a majority of the voters who shall vote thereon shall vote in favor of the recall, the provisions of Article 9 or this act relating to said subject. 114 Miscellaneous Provisions Art. XIV, Sec. 51. including all of the provisions of said article, shall become oper- ative and shall have full force and effect as all other provisions of this act. If, however, a majority of the voters voting upon said subject shall vote against such recall provisions, the same including all the provisions of said Article 9, shall not take effect and shall not have the force of law; provided, however, that in the event this subdivision of tnis act shall be held uncon- stitutional or invalid for any reason, such holding or decision shall not in any way affect or impair any other article, section, subdivision or provision of this act. And provided, further, that in the event this subdivision of this act shall be held uncon- stitutional or invalid for any reason, such holding shall only affect this subdivision and shall not be construed to invalidate the provisions of Article 9 of this act relating to such subject. 51. The fact that the people of Dallas have voted to request the Legislature to pass a bill creating a new charter for said city under which it will have a Commission form of government, the near approach of the end of the session, and the crowded condition of the calendar, creates an emergency and an impera- tive public necessity requiring that the Constitutional rule re- quiring bills to be read on three several days be suspended and said rule is hereby suspended, that this act shall take effect and be in force from and after its passage, and it is so enacted. A. B. DAVIDSON, President of Senate. THOS. B. LOVE, Speaker House of Representatives. Approved April 13, 19UT. T. M. CAMPBELL, Governor. I hereby certify that the within S. B. No. 316 passed the Senate April 3, 1907, by tAvo-thirds vote, ayes 27, nays 0. House amendments concurred in April S, 1907, by two-thirds vote, ayes 25, nays 0. CLYDE D. SMITH, Secretary of Senate. I hereby certify that the within S. B. No. 316 passed the House of Representatives Avith amendments April 8, 1907, by the fol- lowing vote, ayes 105, nays 0. BOB BARKER, Chief Clerk House of Representatives. Received in the Executive Office this 12th day of April, A. D. 1907, at ±± o'clock and — minutes, a. m. A. M. BARTON, Private Secretary. Certificate of Secretary of State 115 Received in Department of State, this 13tli day of April, A. D. 1907, at 12 o'clock and 15 minutes p. m. L. T. DASHIELL, Secretary of State. THE STATE OF TEXAS, Department of State. I, L. T. Dashiell, Secretary of State of the State of Texas, do hereby certify that the attached and foregoing is a true and cor- rect copy of S. B. No. 316, being an Act entitled "An Act to grant a new charter to the City of Dallas, Dallas County, Texas ; repeal- ing all laws or parts of laws in conflict herewith, and declaring an emergency," passed and enacted by the Thirtieth Legislature of the State of, Texas, and now on file in this department. In testimony whereof, I hereto sign my name officially and cause to be impressed hereon the seal of State at my office in the City of Austin, Texas, this, the 16th day of April, A. D. 1907. (Seal) L. T. DASHIELL, Secretary of State. Index EXPLANATION. All references are to the articles, sections and sub-sections of the Charter and to the pages as well. For illustration the reference II-3-2 means Article II, Section 3, Subsection or sub- division 2. Again the reference X-I means Article X, Section I. Again the reference IX-l-d would mean Article IX., Section 1, Subdivision d. Section Page ACT. This act to be considered public act, judicially known XIV-26 106 This act supersedes state law in conflict there with XIV-29 106 AMUSEMENTS. City may permit, forbid, regulate public amusements II-3-2 11 City may restrain noises, performances, etc. tending to collect persons on streets or side- walks II-3-12 13 City may license, tax, prevent, regulate, sup- press keepers of II-3-25 14 ANIMALS. City may regulate driving of, into, or through City II-3-15 13 City may prohibit cruel treatment of II-3-20 13 City may compel fastening of when attached to vehicles 11-3-21 13 ANNEXATION. Territory may be annexed, how 1-4 6 ANNUAL REPORTS. Heads of departments shall bake III-16 43 Of school disbursements, etc., filed with Audi- tor V-I 52 APPEAL— See Board of Appeals. No bond required of City in XIV-12 103 City may appeal from judgment. Corporation Court when XIV-49 113 ASSESSMENT — See Assessor and Collector of Taxes. See Taxes. Section Page ASSESSOR AND COLLECTOR OF TAXES. Shall be under immediate supervision of Com- missioner of Finance and Revenue VII-1 56 To make duplicate taxrolls VIM 56 Duties VIM 56 Shall notify property owner if assessment is to be raised VIM 57 May prorate taxes VII-1 57 Shall assess all property not assessed VII-6 59 Shall value property at fair market price VII-8 59 May follow property to collect taxes VII-9 60 May seize and sell personal property for per- sonal tax VIMO 60 May sell real and personal property for delin- quent taxes VIM3 61 Notice in sales of personal property .VIM3 61 Notice in sales of real estate VIM4 61 Shall make deed in case of sales of real estate. . . VII-16 62 ATTORNEY GENERAL. Must approve street improvement bonds X-l-q 80 Must approve bonds II-2-8 11 AUDITOR. Shall countersign bonds 11-2-7 10 Cannot be discharged by Commissioners III-13 42 In case of vacancy nominating boards fills III-24 46 Nominated by nominating board and confirm- ed by Board of Commissioners IV-3 49 Duties of IV-3 49 Salary $3,000.00 IV-3 49 Term of Office IV-5 50 Removable only by impeachment as in case of county officers IV-6 51 Shall audit school disbursements V-1 52 School reports of disbursements to be filed with V-1 53 Audits Park Board Expenses VI-2 55 To sign warrants drawn by Park Board VI-4 55 Must countersign contracts XIV-42 110 BOARD OF APPEALS. Property owner may appeal to in case of re- assessment of property VII-5 59 Board of Commissioners shall sit as Board of Appeals and Equalization VII-S 60 '138 Index Section Page BOARD OF COIVIMISSIONERS — See also Commissioners. No license assignable except by permission of. . .11-3-24 14 Generally— See Art. Ill, and subsections and subdivisions thereof HI 36 All powers conferred on City to be exercised by III-l 36 Has control and supervision of all depart- ments, etc III-13 41 May create offices III-13 41 Each Commissioner may propose employees of own department III-13 41 May discharge any employee III-13 41 Has charge of finances III-19 44 May pay debts and expenses of City III-19 44 Recount votes in contested elections III-22 45 May fine for disorderly conduct III-22 45 Confirms appointment of Judge and Clerk of Corporation Court IV-2 48 Confirms appointment of Auditor IV-3 49 Shall levy school tax V-1 52 Has power of veto over Board of Education in purchase or sale of property of $1000.00 or over V-4 54 To levy park tax VI-4 55 To require bond of Collector VIM 57 May remove Collector if taxes are not paid to Treasurer VIM 57 May provide for collecting of taxes VII-2 57 Shall sit as Board of Equalization and Appeals. . .VII-8 60 May do all necessary to assess and collect taxes VIMS 62 May compromise taxes, correct assessments, etc VII-24 64 Duty in regard to initiative and referendum VIII 64 Duty in regard to recall IX 67 As to improvement of streets, sidewalks, etc X 68 See also Streets, Sidewalks. To carry out contracts heretofore made X-l-r 81 To see that streets, etc., are not occupied without franchise XM 88 May provide sewerage system XI-4 90 May compel change of poles, removal of poles, and wires underground, etc XI-6 94 May order bond election for sewer bonds to divert from Trinity XIV-48-A 113 Index 119 Section Page BOARD OF EDUCATION. Members of, shall not be interested in con- tracts, etc '. ni-21 45 Schools in charge of V-1 52 Composed of president and six members V-1 52 Term of office V-1 52 May establish kindergartens V-3 54 Board of Commissioners has power to veto over, in certain matters over $1,000.00 V-4 54 To have control of schools of Oak Cliff XIV-38 109 BONDS-MUNICIPAL. City has power to borrow money and issue bonds II-2-5 9 Elections for must be had II-2-5 9 Serial authorized II-2-5 9 May be sold for less than par II-2-5 9 Must be signed by Mayor, Auditor and sealed II-2-7 10 May be made payable at any time not more than forty years from date II-2-7 10 To be forwarded to Comptroller II-2-8 11 To be approved by Attorney-General II-2-8 11 To be registered by Comptroller II-2-8 11 Complete information as to must be submitted by Mayor to Comptroller II-2-9 11 City may issue $25,000 for reformatory or in- dustrial school II-7-3 22 Commissioners may provide for payment of III-19 44 Commissioners may issue refunding bonds III-20 44 May be issued for making permanent street improvements X-l-q 80 Street improvement shall not be sold for less than par X-l-q 80 Street improvement must be approved by At- torney General X-l-q 80 Street improvement must be registered with Comptroller X-l-q 80 Certain bonds to be submitted at first election. . . .XI-3 89 To be signed by Mayor XIV-9 103 Elections for must be at general election XIV-48 113 Election as to sewer bonds to divert sewerage from Trinity River XIV-48A 113 BONDS— Official. Mayor and Commission to give III-IO 40 Auditor to give IV-3 50 120 Index Section Page ' Officers to give such as Board of Commis- sioners may prescribe XIV-18 105 BOOKS. City may examine as to gross receipts II-8-6 26 City may inspect in fixing rates of francliise holders II-8-7 27 Board of Commissioners may compel produc- tion of in the discharge of duties XIV-44 112 BUDGET. Mayor to submit annual III-15 42 Appropriations to be made III-16 43 Malfeasanace for Commissioners to make ap- propriations beyond probable revenues III-16 44 Appropriations for interest and sinking fund shall not be diverted XIV-23 105 BUILDINGS. City may inspect and regulate iI-3-35 16 City may regulate and prohibit wooden in fire limits n-4-1 16 City may declare dilapidated nuisance and abate II-4-1 16 ! City may regulate when dangerous on ac- count of fires II-4-2 17 Where crowds congregate, City may regulate exits, doors, etc II-4-4 17 City may require fire escapes in II-4-5 17 City may require scuttles in roofs of and lad- ders thereto II-4-7 17 City may authorize inspection of II-4-8 18 City may authorize destruction of, when in- fested with the germs of any infectious disease. . .11-5-3 18 City may provide buildings for its purposes II-7-3 21 City may condemn or require to be taken down when about to fall XIV-14 104 City may condemn dangerous XIV-15 104 City may require fire escapes XIV-43 111 City may regulate elevators in XIV-43 111 City may require permit for erecting and fees. . .XIV-43 111 City may require inspection of XIV-43 111 CHIEF OF POLICE. May serve writs, subpoenas, out of City Court. . .XIV-16 104 Is Officer XIV-18 105 Present holds until end of term XIV-35 108 Process served by XIV-44 112 Index 121 Section Page CITY ATTORNEY. To bring suit for forfeiture oi franchise, if annual statement not made 11-8-37 35 Cannot be discharged by Commissioners 111-13 42 In case of vacancy, Mayor appoints III-24 46 Appointed by Mayor IV-1 46 Duties generally VI-1 46 Assistants may be appointed IV-1 47 Term of office IV-5 50 Removable only by impeachment, as in case of county officers IV-6 51 To see that streets are not occupied without Franchise XI-1 88 To compare enrolled ordinances, etc XIII-1 100 CITY SECRETARY. Alphabetical list of tax-payers shall be pre- pared and placed in office of VII-8 60 Shall prepare ballot for elections III-2 36 To examine signatures in initiative and refer- endum matters VIII-1 64 Duty in case of recall IX 67 May administer oath to presiding officer of elections XIV-32 106 Attests process XIV-44 112 CITY TREASURER. Office let Dy contract to highest bidder IV-8 51 Duties, Dond, salary IV-S 51 Shall hold moneys collected for school pur- poses • V-1 52 Park funds to be deposited with VI-4-VI-2 55 Collector shall pay taxes to in 24 hours VII-1 56 COMMISSIONERS — See also Board of Commissioners. Shall be elected by qualified voters at large III-l 36 Elected, when, and term of office III-2 36 Qualifications III-5 38 Confirm appointments by Mayor III-6 38 Shall elect Mayor pro tem III-6 38 Shall designate Police and Fire Commission- er, etc III-8 39 Shall be responsible for all departments III-8 39 Shall receive |3,000 a year III-8 39 Duties of, as to auditing accounts III-9 40 To make statement of collections III-9 40 To give bond III-IO 40 12^ Section Page General powers III-11-13 41 May create offices and fix salaries III-13 41 Confirm appointments of Mayor III-13 41 Meetings III-14 42 Shall not be in employ of, or receive gift, etc. from company having franchise III-21 45 Shall not be interested in work, contract, etc III-21 45 May administer oaths III-23 45 In case vacancy, Mayor appoints III-24 46 Elected, when, and term of office XIV-36 108 COMPETITIVE BIDS, School Board may make contracts on V-1 53 In all contracts over $500.00 XIV:42 110 COMPTROLLER. Bonds shall be forwarded to II-2-S 11 Bonds shall ue registered by on approval of Attorney General II-2-8 11 Shall see that tax is levied to create sinking fund for bonds II-2-9 11 Shall see that sinking fund is invested II-2-9 11 Street Improvement bonds must be registered with X-l-q 81 CONDEMNATION. City may condemn property for public use in or out of City II-l-l 6 City m,ay condemn for burial grounds II-5-1 18 City may condemn in connection with Trinity River II-5-5 19 City may condemn property for water works, gas, electric lights, etc II-7-1 21 City may condemn for dock and wharves II- 7-9 23 City may condemn for public sanitary closets II-7-11 23 City may condemn for public purposes XI-5 91 Method of XI-5 91 City may condemn fences, buildings, etc., about to fall down , XIV-14 104 City may condemn buildings XIV-15 104 CONTRACTS. Heretofore made to be carried out by Board of Commissioners X-l-r 81 Persons bound by liable to forfeit of $50.00 when XI-7 95 Of Oak Cliff valid XIV-39 109 Index 123 • Section Page Board of Commissioners aliall not make un- less appropriations tlierefor XIV-42 110 Must be signed by Mayor and countersigned by Auditor XIV-42 110 Sliall be made on specifications XIV-42 110 Over $r)00.00 made on competitive bids XIV-42 110 CORPORATION JUDGE. Cannot be discharged by Commissioners III-13 42 In case of vacancy Mayor appoints III-24 46 Qualifications IV-2 47 Appointed by Mayor IV-2 47 Term of office IV-5 50 Removable only by impeachment as in case of County officers IV-6 51 DAY LABOR. . City may do work by XIV-1 102 Eight hours work to day XIV-2 102 City may do work by XIV-42 111 DISCRIMINATION. By public service corporation for forfeiture II-8-8 27 ELECTIONS. Special for levy of not exceeding one per cent. additional tax II-2-1 7 Special for levy of not exceeding i/4 of one per cent, high school, etc II-2-2 8 Special for levy of not exceeding i^, of one per cent, school, etc II-2-2 8 For bonds II-2-5 10 As to granting franchises when 500 voters petition II-8-4 24 As to purchase of properties at end of IS years of franchise ' II-8-9 27 Of Mayor and Commissioners, when and how. .111-2 .36 Primary : III-3 37 Governed by general laws 111-4 38 In case of vacancy in Mayors' office, Com- missioners order election I1I-7 39 Board of Commissioners may recount in con test of III-22 45 In case of initiative and referendum VIIl-1-a-b 64 In initiative and referendum only one special to be held in six months Vlll-l-b 65 124 Index In recall IX 67 In case of proposed sale of hospital XIV-6 102 To be held according to general law XIV-30 106 Qualifications, pay and duties of judges of XIV-30 106 If judges fail to appear, qualified voters may select XIV-30 106 Voting at to be according to general law XIV-31 107 Oath of managers of XIV-32 107 In 'case of tie void, and new election to be held XIV-33 107 First election under this article held when and how XI V-36 108 Local option in Oak Cliff to be in justice precint there XIV-30 1 09 Bond franchises, special taxes must be at gen- eral XIV-48 113 General election defined XIV-48 113 Special any time as to Trinity River sewer diversion bonds XIV-48A 113 FAIR PARK. Park Board may let out, etc VI-5 55 Not in prohibitea saloon limits XII-1 97 Saloons in lawful, when XIM 97 Excess of tax levy to be used exclusively in purchase of more grounds or improving Fair Park VI-7 56 FEES. City may ])rovide inspection fees as to weight and measures II-3-5 12 City may provide inspection fees as to milk II-3-8 12 City may exact in excavation in streets II-7-5 22 City may exact in permits for buildings XIV-43 112 FINES. City may provide workhouse for those re- fusing to pay II-.3-28 15 City may enforce ordinances by fine not ex- ceeding .$200.00 II-3-37 16 City may provide commutation of fines by work, etc II-3-37 16 Board of Commissioners may remit XIV-20 105 In case of obstruction of streets, etc.. with boxes, etc XIV-40 110 For employee or officer accepting gift, employ- ment, etc., from person holding franchise XIV-41 llO' Index 125 FIRE DEPARTMENT. City may create, regulate and maintain 11-4-1 16 Free transportation may be autliorized to members of II-8-S 27 Qualification of firemen XIV-34 107 Removable for cause only XIV-34 107 Firemen hold during good behavior XIV-34 107 Firemen may be provided for by Board of Commissioners, when disabled XIV-34 107 Salaries of firemen XIV-34 107 FISCAL YEAR Annual budget for to be submitted III-15 43 Begins 12 "clook noon, May 1 Ill-lti 43 Defined XIV-S 103 FORFEITURE. Of franchise, right or privilege to be finally by courts II-3-38 16 Of franchise for failure to produce books, etc., as to gi'oss receipts II-8-6 25 Discrimination by public service corporation ground for II-8-8 27 Franchise may be forfeited for failure to comply with conditions thereof II-8-10 28 Franchise of steam railroads, foi'feited if com- pensation for not paid II-8-20 30 City Attoi-ney shall bring suit for if franchise holder fails to file annual statement II-8-37 35 Franchise forfeited by suit IV-1 47 Persons holding franchise or conti-act liable to $50.00 forfeit when XI-7 95 City may forfeit franchise if conditions not complied with or taxes or bonus not paid XI-8 96 See Saloons. FRANCHISES. Finally forfeited by Court only II-3-38 16 See generally f 1-8 23 Granted only by ordinance II-8-1 23 City may grant for heat, light, power, tele- phone, refrigeration, steam, carriage of pas- sengers or freight II-8-2 23 As to manner of passing ordinance granting II-8-4 24 Commissioners shall submit question of grant- ing to election on petition of 500 voters II-8-4 24 20 years limit of II-8-5 25 126 Index Section Page None to be granted to last longer than that of franchise already enjoyed II-8-3; 11-8-5 24-25 None to be granted to commence later than 6 months after passage II-S-3 24 May be forfeited if books, etc., not produced as to gross receipts II-8-6 25 May be forfeited for discrimination II-8-8 27 Must provide that City may purchase at end of 18 years II-8-9 27 May be forfeited for non-compliance with con- ditions II-8-10 28 Shall be codified, indexed, and printed II-S-11 28 To street and interurban railways shall pro- vide that other interurbans may enter city over tracks II-S-12 28 To interurban railways authorized II-8-14 29 Compensation for shall be provided II-8-16 29 City may grant to steam railroads II-8-18 30 Referendum applies as to steam railroads II-8-21 30 City may grant under streets or sidewalks or over same to abutting property owners for compensation II-8-22 30 II-8-23 31 None granted to street or other railroads un- less on consent of majority front feet II-8-24 31 Of street car companies, etc., not to be ex- tended, granted or amended unless transfers are agreed to be given II-S-26 31 City may require one company to permit an- other company to use tracks, poles, etc II-8-30 34 Companies holding shall not issue bonds or stocks except for money, etc II-S-31 34 Companies holding must file annual state- ments II-8-37 35 City Attorney to approve all ordinances grant- ing IV-1 46 City Attorney to report on affidavit from ten witnesses IV-1 46 Initiative and referendum VIII 64 Must be obtained before occupying streets, etc.. . .XI-1 88 Parties holding providing for repair of streets liable to $50.00 forfeit when XI-7 95 May be forfeited if holder fails to comply with or pay taxes XI-8 95 Index 127 Of Oak Cliff Valid-Moneys due Oak Cliff therefrom to be paid City XIV-39 109 Election as to must be at general election XIV-48 113 GARNISHMENT. City not subject to XlV-13 103 Officers or agents of City not subject to XIV-13 103 GENERAL POWERS. City empowered to enact any and all ordin- ances on any subject not inconsistent witb general laws or charter II-1-2 7 City shall have all powers of municipal gov- ernment II-1-2 7 Police powers II-3 11 INDEBTEDNESS— See Bonds. Limit, 15,000,000.00 II-2-5 9 Commissioners may fund and refund III-20 44 INITIATIVE AND REFERENDUM OF ORDINANCES. Generally VIII 64 INTEREST. On bonds must be provided for II-2-5 9 On indebtedness to be provided for in budget III-16 43 On taxes back assessed VII-5 58 On taxes VII-12 61 Appropriations for shall not be diverted XIV-23 105 INTERPRETATION. Rule of Specific powers shall not be construed to limit general powers II-1-2 7 See also II-2-3 8 In case any section declared invalid XIV-45 112 In case of different methods of action given XIV-47 112 As to recall XIV-50 113 LIBRARY. City may provide, establish, maintain II-S 22 City shall set aside out of general fund .00015 II-8 22 LICENSES— See Saloons. None to be issued for longer than one year 11-3-24 14 Not assignable except by permission of Board of Commissioners II-3-24 14 Corporation Court may suspend or revoke when holder adjudged guilty of violation of ordinance, etc XIV-17 104 128 Index LIENS. A lien shall exist on property of street rail- way repairing, etc II-8-26 31 Lien shall exist to secure taxes VII-9 60 Lien shall exist to secure penalties on taxes VII-12 61 On railroads, street railroads, franchises, for pavement between tracks, etc X-l-d 69 Lien shall exist to secure taxes VII-9 60 On property for improvements taken notice of after ordinance passed by all parties X-l-s 82 Exist on property of franchise holder to se- cure payment of bonus XI-S 95 Suits for foreclosure of tax liens may be brought XIV-10 102 Shall not exist on public school buildings, halls, parks, etc XIV-21 104 LIQUORS. Generally 96 City may levy occupation taxes against those selling II-2-3 i City may regulate places where sold and can- cel license for cause II-3-3 11 City may restrain, regulate, prohibit sale or gift of to evade tax or penalty II-3-30 15 City may license, tax, regulate places where intoxicating or fermented, sold II-3-24 14 City may prevent sale, barter or gift of, in places where theatrical or dramatic represen- tation are given II-3-3 1 1 5 City may regulate inspection and sale of II-5-11 20 None to be sold in reservation for prosti- tutes XII-1 96 Not to sold in Oak Cliff XIV-39 109 Not to be sold in Oak Cliff XII-1 97 MAYOR. Shall sign bonds II-2-7 10 Shall forward bonds to Comptroller n-2-8 11 Shall furnish statement as to bonds, tax, levies, taxable property to Comptroller II-2-9 11 Powers conferred on City to be exercised by and Commissioners III-l 36 Shall be qualified voter III-5 38 Shall be President and member of Board of Commissioners III-l 36 Elected when, and term of office III-2 36 Index 129 -Member of Hoard of Coniniissioners 111-6 38 Duties of III-C 38 Nominates appointive officers 111-6 38 Salary of II-6 38 In case of death, resignation, etc., of, Mayor protem shall exercise duties 1 11-7 40 To give bond IIMU 40 To approve ordinances 111-12 41 To nominate officers 111-13 41 To make recommendations 111-15 42 To submit annual budget 111-15 42 To submit recommendations as to changes in estimates 111-16 43 Shall not be in employ of any company hold- ing franchise, etc 111-21 45 Shall not receive gift, etc., from company holding franchise 111-21 25 Shall not be interested in work, contract, etc 111-21 45 Appoints City Attorney lV-1 46 Appoints Judge Corporation Court lV-2 47 Approves bond of Auditor lV-3 49 Shall attend tax sales VII-18 63 XlV-10 103 To sign bonds XIV-9 103 May administer oath to presiding officer of election XIV-32 106 As now constituted, abolished XlV-35 108 Elected, when, and term of ofRce XIV-36 108 Signs contracts XlV-42 110 Signs process XIV-44 112 MAYOR PRO TEM. Board of Commissioners s.hall elect 1II-6 39 Duties and i)0wers of 111-6 39 MEETINGS. Board of Commissioners 111-14 42 Special meetings 111-14 42 Shall be open 111-14 42 Board of Commissioners may punish for dis- orderly conduct in 111-22 45 Of Board of Education V-2 54 NOTICE City not liable unless notified of injury, etc XlV-11 103 City not liable unless Mayor or Engineer knew or notified of defect before Injury, etc. . . .XIV-11 103 130 Index NUISANCES. City of Dallas empowered to abate and remove. . .11-1-2 7 City of Dallas may define and abate. .- Ii-3-20 15 City may declare dilapidated buildings and abate 11-4-1 16 OAK CLIFF. No saloons to be established or conducted in XII-1 96 Taxes due to be collected by City of Dallas XIV-37 109 Schools to be maintained at high standard XIV-38 109 Fire station to be maintained in Oak Cliff XIV-39 109 Liquors not to be sold in XIV-39 109 Board Commissioners to expend $2,000.00 an- nually for five years from July 3, 1903 XIV-39 109 Franchises and contracts of inure to benefit of Dallas XIV-39 109 OATHS. Commissioners and Secretary may administer. . . .111-23 45 May be administered by City Attorney and assistants IV-1 46 May be administered by Clerk Corporation Court and Deputies IV-2 47 Officers to take XlV-33 107 OCCUPATION TAXES. Authorized II-2-3 8 Assessor and Collector shall collect VIM 56 OFFICER. Shall not be interested in work, etc III-21 ■ 45 Elective officer may be removed by recall IX 67 Defined XIV-18 104 To give bond XIV-1 S 104 To perform such duties as Board Commission- ers may prescribe XIV-18 104 Presiding in Elections. See Elections. To take oath before entering on duties XIV-33 107 Vacates office when he ceases to have any of qualifications XIV-33 107 Present officers hold until end of term at same salary XIV-35 108 Present officers under Board Commissioners XIV-35 108 Shall not accept gift, employment, etc., from franchise holding corporation, etc XIV-41 110 OFFICES. Commissioners may create III-13 41 One year only III-13 41 See Employee 111-21 45 Index 131 Board of Commissioners may create lV-7 51 Not exceeding one year IV-7 51 Shall not be held to be created until estab- lished by ordinance XlV-2r) 105 ORDINANCES. As to franchises, how passed II-8-4 24 As to franchises, how passed 11-8-15 29 Must receive at least three votes III-14 42 Granting franchises must be drawn by City Attorney IV-1 46 See Initiative and Referendum VIII 64 Adopted by vote of the people, repealable or amendment to only by vote of the people Vlll-l-b 65 To be submitted in referendum may be printed. Vlll-l-b 65 When take effect VIII-2 66 Generally XIII 100 Enrolled, when and how XIII-1 100 To be published, when and how long XIII-1 100 Style of XIII-2 101 Pleading of ■ XIII-4 101 Published XIII-5 lOl In existence when charter takes effect to re- main in force until altered, amended or re- pealed XIII-6 101 Invalid or defective under former charter but good if passed, under this validated XIII-7 101 PARK BOARD. Generally VI 54 Established, duties, powers, term of office VI-1 54 Funds paid out, how VI-2 54 To adopt rules, etc VI-3 55 May let Fair Park VI-5 55 May let Fair Park for race meets or Fair, etc VI-5 55 Has charge of funds VI-5 55 Qualifications — No compensation VI-6 56 To have guards commissioned as policemen VI-6 56 Excess of tax over amount necessary for Fair Park warrants to be used in buying more land or improving Fair Park .VI-7 56 PARKS— See Park Board. City may establish, maintain, improve grade II-7-4 22 Inalienable except by ordinance, etc 11-8-1 23 Under control and management of Park Board VI-1 54 Funds from or for deposited with City Treas- urer VI-2 54 l;i2 Index Section Page City may condemn property for XI-5 91 PENALTIES. As to transfers. See Transfers. On taxes VII-12 61 In case of redemption from tax sales VII-19 63 Board of Commissioners may remit, XIV-20 105 For ofricer or employee accepting gift, em- ployment, etc., from holder of franchise XIV-41 110 For establishing saloon without license XII-4 99 For failing to discontinue after license revoked. .XII-S 100 POLICE DEPARTMENT. City may establish and prescribe duties and regulate conduct of policemen II-3-1 11 Free pass may be granted to members of 11-8-8 27 Park guards or policemen removable by Park Board VI-6 .56 Qualifications of policemen XIV-34 107 Hold position during good behavior XIV-34 107 Removable only for cause XIV-34 107 Policeman may be cared for when disabled. .. .XIV-34 107 Salaries of policemen XIV-34 107 Police officer serves process XIV-44 112 May serve writs, subpoenas, etc XIV-16 104 Policemen not officers XIV-18 104 Chief of Police officer XIV-18 304 Rules of in effect unless in conflict with this act XIV-34 107 POLICE POWER— Generally II-3 11 PROPERTY. Platting of into lots and blocks regulated 1-3 6 City may sell • H-l-l 6 City of Dallas empowered to enact and en- force ordinances to protect II-1-2 7 All property of every kind now owned by City shall continue to belong to City II-1-3 7 May be inspected in interest of health II-5-13 20 City may acquire in any way for any muni- cipal purpose II-7-2 21 City may sell II-7-2 21 City may establish grade of II-7-6 22 Inalienable except by ordinance, etc II-8-1 23 PUBLIC UTILITIES— See Franchises. City may regulate charges of II-8-27 33 generally see XI 88 Index 133 Section Page QUARANTINE. City may destroy clothing, buildings, etc., where necessary II-5-3 18 City may make quarantine laws II-5-4 19 o Recart Petition for First Tliree Months. — No recall petition shall be filed against any officer until he has actually held his oflfice for at least three months. 34. Incapacity of Recalled Officer. — N© person who has been removed from an office by recall, or who has resigned from such oflSce while recall proceedings were pending against him, shall be appointed to any ofl!ice within one year after such removal by recall or resignation. ARTICLE IV. ELECTIVE OFFICERS. 35. Officers — Terms — Salaries. — The elective officers of this city shall consist of five commissioners: one of whom shall be the Commissioner of 12 Public Affairs and ex officio ^layor; one shall be the Commissioner of Finance and Supplies; one shall be the Commissioner of Highways; one shall be the Commissioner of Health and Civic Beauty; and o«e shall be the Commissioner of Water and Sewers; each of whom shall be elected at large by the qualified electors of the city, and each shall have charge of one department as indicated by his official title. The terms of all elective officers shall commence at 10 o'clock A. M. on the first Tuesday following their election, and shall be for four years each, and until 10 o'clock A. M. on the first Tuesday following the election and qualification of their successors; provided, however, that the offices of the Commissioners of Finance and Supplies, of Highways, and of Health and Civic Beauty, first elected under this Charter, shall be for two years only, so that their successors shall be elected at the general mu- nicipal election in 1911, and every four j^ears thereafter, and the. election bf the other two commissioners shall first be at the general municipal election in 1909, and every four years thereafter. The Commissioners of Public Affairs and of Water and Sewers shall each receive a salary of One Hundred and Twenty-Five ($125.00) Dollars per month, payable monthly, and each of the other three commissioners shall receive a salary of One Hundred ($100.00) Dollars per month, paya- ble monthly; provided, however, that at any general municipal election, the question of changing or fixing such salaries may be submitted to a vote of the qualified electors of the city. 36. Jfo Further Compensation. — None of any such commissioners shall receive any further compensation for any service he may render the city during his term of office, other than his salary as commissioner; and all fees, salaries, or other moneys coming into his hands by virtue of his office shall be accounted for to the city. 37. Qnalificatlons. — No person shall be eligible to the office of any such commissioner unless he is a qualified elector. 38. — Tacancies. — If a vacancy occur in the office of any such commis- sioner, the council shall appoint an eligible person to fill such vacancy until the next general or special municipal election, subject to the pro- visions of the recall, and any such vacancy shall then be filled by election for the unexpired term. A vacancy shall exist when an elective officer fails to qualify for ten days after notice of his election, dies, resigns, re- moves -from the city, absents himself continuously therefrom for three months, is convicted of a felony, or judicially declared a lunatic. ARTICLE V. THE MAYOR. 39. Executive and President. — The Mayor shall be the chief executive officer of the city, and president of the council, and when present, shall preside at all meetings. 13 40. Dnties--Authoritj — Powers — (a) He shall see that the laws ef the State, the provisions of this Charter, and the ordinances of the city are duly enforced. He may remit fines, costs, forfeitures, and penalties, imposed for the violation of any ordinance, but shall make a report of such remission to the council at the next meeting thereafter with his rea- sons therefor. He shall have power to administer oaths. (b) He shall sign all contracts, bonds, or other instruments requiring the assent of the city, and take care that the same are duly performed. All legal processes against the city shall be served against the Mayor or Acting Mayor. (c) He shall be charged with the general oversight of all depart- ments, boards and commissions of the city. (d) He shall be ex officio a member of each board, commission, or body, created or authorized by this Charter, or by any ordinance of the city. (e) He shall have the right to vote on all questions coming before the council. (f) He shall have such other rights and powers as may be provided by ordinance not in conflict with this charter. 41. Acting' Mayor and Vice President. — The Commissioner of Water and Sewers shall be Vice President of the council, and Acting Mayor of the city, and during the absence or inability of the Mayor to act, shall exercise all his rights and powers. ARTICLE VI. THE COUNCIL. 42. Legislative Powers. — The city council shall consist of all the elective officers of the city, and shall, except as otherwise provided by this charter be vested with all the legislative powers o£ the city. 43. Judge of Their Election. — The council shall be the judge of the election and qualification of its own members, subject to review by the Courts in case of contest. 44. Rules. — The council shall determine its own rules of procedure, may punish its members for disorderly conduct, and compel their at- tendance at the council meetings. 45. Meetings. — The council shall prescribe the time and place of its meetings, and the manner in which special meetings thereof may be called. The city clerk shall be the clerk of the council, and shall, with the mayor, sign and attest all ordinances and resolutions. A majority of all the members shall constitute a quorum to do business, but a less number may adjourn. The council shall sit with open doors at all legis- 14 lative sessions and shall keep a journal of its proceedings which shall be a public record. 46. Restrictions Upon Members. — Xo member of the council shall be elected or appointed to any office, position, or employment, the compensa- tion of which was increased or fixed by the council while he was a mem- ber thereof until after the expiration of one year from the date when he ceased to be such a member. 47. Salaried Eiiiplojes. — The city council shall have the power to authorize, by ordinance, the appointment of such salaried employes as may be necessary to relieve any commissioner of any duties of his de- partment which he shall not have time to perform or which may conflict with his other duties. 48. Contractual Powers. — The city council shall have no power to make any contract of any kind or nature whatsoever, or to make any io"co pf (^itv propertv. the nneration of which will extend beyond the time of the installation of the new commissioners elected at any general mu- nicipal election; nor shall it have any power to sell, abandon, grant, or otherwise dispose of any title or right of the city to any real estate, fran- chise, right-of-way, street, avenue, alley, or other public property, all such powers being reserved to the people, and to be exercised only by the qualified voters at a general or special municipal election. 49. Intoxicating Liquors.^The sale, exposure for sale, barter, ex- change, giving away, manufacture or storage of any spirituous, vinous, malt, fermented, distilled, alcoholic or other intoxicating liquors is hereby inhibited and forbidden within the limits of the city of Grand Junction, and within one mile of the outer boundaries thereof, and the city council shall have no power to license the manufacture or sale of any such liquors. Such giving away and such storage shall not apply to the giving away or storage of such liquors by a person in his private dwelling, provided, such dwelling is not a place of public resort. It shall be a good defense in any prosecution under this section, or under any ordinance passed in pursuance thereof, to show that the sale in question was at retail, by a regularly licensed pharmacist, for exclu- sively known medicinal purposes, and that it was sold only in good faith upon written prescription issued, signed, and dated in good faith by a duly licensed physician in active practice in the city of Grand Junction, and that the prescription was used but once. Each such pharmacist shall keep, in a conspicuous place on the coun- ter, a bound book for public inspection, containing a memorandum entry cf such prescription, with the name of the physician prescribing, the name of the person prescribed for, the date, and the number thereof, which en- try shall be made and signed by said pharmacist before said prescription shall be filled. 15 The city council shall pass ordinances providing suitable penalties for a violation of this section, and to make it effective. oO. Ordinances and Resolutions. — (a) In legislative sessions, the coun- cil shall act by ordinance, resolution or motion. (b) The ayes and nays shall be taken upon the passage of all ordi- nances and resolutions, and entered upon the journal of its proceedings. Upon the request of any member, the ayes and nays shall be taken and recorded upon any motion. Every member when present must vote, and every ordinance passed by the city council shall require on final passage the affirmative vote of a majority of all members of the council. (c) Xo ordinance shall be passed finally on the date it is introduced, except in cases of special emergency, for the preservation of the public peace, health or safety, and then only by unanimous vote of all members of the council. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emergency measure. (d) The enacting clause of all ordinanees passed by the council shall be in these words: "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND .lUXCTION." 51. Publication of Ordinances. — Every proposed ordinance shall be published once in full in a daily newspaper of the city, at least ten days before its final passage. After such final passage, it shall be again pub- lished once in a daily newspaper as amended and completed, except in cases of an emergency ordinance, which may be passed as heretofore provided, and which shall take eifect upon passage, and be so published on the following day. 52. Amendment or Rejieal. — No ordinance or section thereof shall be amended or repealed except by an ordinance regularly adopted. 53. Ordinances Granting Franchises. — No proposed ordinance grant- ing any franchise shall be put upon its final passage within sixty days after its introduction, nor until it has been published not less than once a week for six consecutive weeks in two daily newspapers of the city in general circulation. 54. Record of Ordinances.— A true copy of every ordinance when adopted shall be numbered and recorded in a book marked "Ordinance Record," and a certificate of adoption and publication shall be authenti- cated by the certificate of the publisher and by the signatures of the mayor and clerk. The ordinances adopted by the vote of the qualified electors of the city shall be separately numbered and recorded, commenc- ing with "People's Ordinance, No. 1." 55. Proof of Charter and Ordinances. — This charter or any ordinance may be proved by a copy thereof, certified to by the city clerk under seal of the city; or when printed in book or pamphlet form, and purporting to be printed by authority of the city, the same shall be received in evi- dence in all Courts without further proof. 16 ARTICLE VII. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. 56. Five Departments. — The executive and administrative powers, authority and duties of the city, not otherwise herein provided for, shall be distributed among five departments as follows: I. Public Affairs. II. Finance and Supplies. III. Highways. IV. Health and Civic Beauty. V. Water and Sewers. 57. Public Affairs. — The Commissioner of Public Affairs shall be ex officio mayor, and the chief executive officer of the city. He shall, unless otherwise provided by ordinance, be the judge of the municipal court of the city; he shall be the head of the police and fire departments, and shall supervise all public utilities not owned and managed directly by the city; he shall have charge of any building, electric wiring, lighting and heat- ing inspection, and shall have general supervision of all public affairs not otherwise provided for. 58. Finance and Supplies. — The Commissioner of Finance and Sup- plies shall be ex officio city treasurer, and shall be the purchasing agent of all supplies for all departments of the city. He shall also be the city collector, and as such, it shall be his duty to collect all water rents, li- cense fees, money of the city in the hands of the county treasurer, or other moneys due the city. 59. Highways. — The Commissioner of Highways shall be the street commissioner, and shall have supervision of all streets, alleys, avenues, sidewalks, ditches and the water flowing therethrough, public improve- ments, street paving, sidewalk construction, gutters, curbing, public build- ings, real and personal property owned, leased by, or controlled by the city, and not in charge of any other department. 60. Health and Civic Beauty. — The Commissioner of Health and Civic Beauty shall be ex officio city clerk, and as such, keep all the records of the city council and perform all other duties required of such clerk. He shall be ex officio city auditor, and shall audit all bills payable by the city prior to their being allowed by the city council. He shall be the health and sanitary commissioner, see that all health ordinances are en- forced, and shall also have punervision of the plumbing inspection, and the inspection of foods and milk offered for sale in the city. He shall also be the inspector of weights and measures. He shall be the commissioner of Civic Beauty, shall have general su- pervision of all parks, parking, and shade trees of the city, and shall have full power to manage, improve, maintain, and beautify the same; he shall supervise the architectural beauty of the city and make recommendations as to the suitable color, style and character of buildings, pavings, side- 17 walks, and other improvements as to him may seem advisable, to the end of improving the city's appearance and beauty. 61. Water and Sewers. — The Commissioner of Water and Sewers shall be ex officio water commissioner, and shall take direct and active charge of the city's entire water and sewer system, both within and without the city, supervise and keep the same in good working order. He shall take charge of all construction work for the water system, shall be the inspector of all water pipes, fixtures, fountains, fire plugs, connections, and all other water apparatus through which the city water may flow, see that the same is kept in good repair, and shall also have charge of all sewers and see that they are kept in good repair and properly flushed. 62. Other Powers and Duties. — Said commissioners shall have such other rights, powers, and duties as may be provided by ordinance, not in conflict with the provisions of this Charter. 63. Office Hours. — It shall be the duty of each commissioner to main- tain regular office hours at the city hall, and he shall give his whole time and attention to, and engage in the actual work of the city affairs during business hours. At all times when not engaged in office work, he shall take the active management and control as foreman and director of the affairs of his department, and shall be responsible for the full and com- plete discharge thereof. 64. Hours and Wages.— Eight hours shall constitute a day's work in all city eriiployment, and the minimum rate of wages shall be two dollars and fifty cents per day for all day laborers, unless otherwise determined by the city council; provided, however, that this section shall not apply to any work in paving the streets of the city or in building an extension of the city waterworks or sewer system. 65. Department Employes. — Each department shall be entitled to such salaried employes as may be authorized by ordinance. The head of each department shall nominate all such employes therein but their appoint- ments shall be made by the city council. Each commissioner shall have the power of selecting and employing the day laborers necessary for his department. Any and all employes in any department shall be subject to discharge by the commissioner at the head of that department at any time, except as otherwise provided by this Charter. The city council shall determine the number of such employes in any department and shall also have like power of discharging them, or any of them, or may require any employe in any department to perform duties in two or more departments, or may make such rules and regulations as they shall deem necessary or proper for the efficient and economical conduct of the business of the city. The salary or wages of any employe of the city shall cease imme- diately upon his discharge from such emploj^ment. 66. PuWlcity Records and Reports. — Each of said commissioners shall keep a record book in which shall be recorded a brief but comprehensive 18 record of all department affairs under his charge as soon as performed and shall quarterly render to the city council a full report of all opera- tions of such department, and shall annually, and oftener if required by the city council, malve a synopsis thereof for publication. All such rec- ords shall be kept open for public inspection. The council shall pro- vide for the publication of such annual or other reports, and of such portion of the quarterly reports, as to it may seem advisable. Each com- missionep shall also make and keep a complete inventory and permanent record of all the personal property of his department and what disposi- tion, if any, has been made of .the same. 67. JVewspaper and Publication Fees.— All election notices, or list of candidates for office, department reports, ordinances, charters, or charter amendments, advertising, publicity affairs, or other publications required or authorized by this Charter, by general law, or by any ordinance of the city to be made in any newspaper and all such publica- tions for which the city of Grand Junction may be liable, shall be paid for by the city at such rates as shall not, in any event, exceed the ordi- nary and regular advertising rates charged other advertisers; and all printing of books, pamphlets, bills, letterheads, or other documents or printed matter required by the city shall be paid for at a price not ex- ceeding the usual business rates therefor. No bill shall be rendered to, or paid by the city for such advertising or printing in excess of the said usual business rates, even though higher rates may be fixed by general law for other cities of the State. ARTICLE VIII. DEPARTMENT OP PUBLIC AFFAIRS. 68. Police and Fire Departments. — The council shall, by ordinance, provide for the establishment and maintenance of a police department and of a fire department, consisting of such employes as it may deem neces- sary. 69. romniissfoner to Have Sui>ervision. — The Commissioner of Public AiTairs shall have supervision and control of the police and fire depart- ments except as otherwise provided in this Charter or by ordinance. MUNICIPAL COURT. 70. Judge and JurisdJctioii — The Judge of the Municipal Court of the city shall have all the jurisdiction, powers, duties, and limitations of a police magistrate as provided in Sections 4931 to 4945, inclusive, of the Revised Statutes of Colorado, 1908, except as otherwise provided by this Charter. The mayor of the city shall be the judge of such Municipal Court unless otherwise provided by ordinance, and shall have exclusive original jurisdiction to hear, try, and determine all charges of misde- meanor as declared by this charter, and all causes arising under this charter or any of the ordinances of the city for a violation thereof. There 19 shall be uo trial by jury, aad there shall be no change of venue from said Court. ARTICLE IX. DEPARTMENT OF FINANCE AND SUPPLIES. 71. Fiscal Year Same as Calendar Year. —The fiscal year of the city shall commence on the first day of January and end on the last day of December of each year. 72. Public Moneys. — The Commissioner of Finance and Supplies shall, under the power and control of the city council, have the direct manage- ment of the revenues of the city except as otherwise provided by this charter, or by ordinance. He shall be ex officio city treasurer, with the usual duties and powers of that office. The cash balances of the city in the hands of the city treasurer for deposit in the banks, shall be kept on deposit in each of the banks of the city without discrimination, in proportion to their capital stock as far as possible. Nothing herein shall prevent said treasurer from temporarily having such funds otherwise deposited, provided, that as soon as practi- cable, he shall re-deposit such deposits. Before making such deposits, however, said treasurer shall require a good and sufficient surety bond from each bank to receive such deposit. No demand for money against the city shall be approved, allowed, audited or paid unless it shall be in writing, dated, and sufficiently item- ized to identify the expenditure and shall first be audited by the Com- missioner at the head of the department creating the same. The council shall, by ordinance, provide a system for the collection, custody, and disbursement of all public moneys, and a system of account- ing for the city, establishing as nearly as may be, a uniform system of municipal accounting, such system to be in accord with the provisions of this charter. 73. Duties of Purchasing Agent. — The Commissioner of Finance and Supplies shall procure all supplies ordered by the city council in such manner as it may direct. He shall also procure supplies for any commis- sioner upon requisition therefor. Such requisition shall be in writing, shall state the quality, quantity, and kind of material required, whether urgency demands that the order be made by wire, whether the supplies should come by express or otherwise, and the probable cost thereof, in detail, if known. In case of emergency, where the estimated cost exceeds Two Hundred ($200) Dollars, such requisition shall have the indorsement of one other commissioner. If no emergency exists, a requisition for sup- plies, the estimated cost of which is above One Hundred ($100.00) Dollars, shall first be approved by the council. Whenever he considers it prac- tical and advantageous, the purchasing agent shall advertise for competi- tive proposals for any supplies in a public newspaper, or, by circular let- ters, or other means, sent to several competitive dealers. All such 20 retjaisitions, correspondence, and competitive bids received shall be kept on file in the office of the Commissioner of Supplies. 74. Special Keveiiues Limited. — No occupation or license tax shall be assessed, levied, or collected against any merchant or manufacturer for the sale or manufacture of goods, wares or merchandise, who pays an annual tax thereon under the revenue laws of the State; nor against persons who sell commodities manufactured or raised by themselves in this State; nor against any person selling fruits and vegetables. No poll tax shall ever be levied or collected by the city for any purpose what- soever. 75. Adoption of Existing Law. — Until the council shall otherwise by ordinance provide, the statutes of the State of Colorado now or hereafter In force, shall govern the making of assessments by the Assessor of the County in which the city is situated, the making of equalization by the Board of County Commissioners of said County, and the collection of taxes by the Treasurer of said County for and on behalf of the city, and also the certification and collection of all delinquent charges, assessments or taxes. 76. Certificate of Assessment. — It shall be the duty of the Commis- sioner of Finance and Supplies to procure, as soon as available each year, a certificate from the County Assessor of the total amount of property as- sessed for taxation within the limits of the city, as shown by the assess- ment roll in the Assessor's office. 77. Department Estimates of Annual Kequirenieiits.— On or before the first Monday in October each year, or on such date as shall be fixed by the council, the heads of the departments, offices, boards, and commis- sions, shall send to the Commissioner of Finance and Supplies, a careful estimate in writing of the amounts, specifying in detail the objects thereof, required for the business and proper conduct of their respective depart- ments, offices, boards and commissions during the next ensuing fiscal year. 78. Annual General City Estimate. — On or before the ttfird Monday in October each year, or on such date as shall be fixed by the council, the Commissioner of Finance and Supplies shall submit to the council an estimate of the probable expenditure of the city government for the next ensuing fiscal year, stating the amount required to meet the interest and maturing bonds of the outstanding indebtedness of the city, and the wa^r- rants of all the departments of the municipal government in detail, and showing specifically the amount necessary to be provided for each fund and department; also an estimate of the amount of income from fines, licenses, water rents, and all other sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the city. 79. Annual Budget. — The council shall meet annually, prior to fixing the tax levy, and make a budget of the estimated amounts required to pay the expenses of conducting the business of the city government for the 21 next ensuing fiscal year. The budget shall be prepared in such detail as to the aggregate sum and the items thereof allowed to each depart- ment, office, board or commission as the council may deem advisable. 80. Aiiunal Appropriation. — Upon said budget as adopted and filed, the council shall pass an ordinance, not later than the thirty-first day of De- cember, in each year, which shall be entitle'd "The Annual Appropriation Ordinance", in which it shall appropriate such sums of money as it may deem necessary to defray all expenses and liabilities of the city, and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object and purpose therein named for the ensuing fiscal year. 81. Lery.^ — Such ordinance shall include the proper levy in mills upon each dollar of the assessed valuation of all taxable property within the city, such levy representing the amount of taxes for city purposes neces- sary to provide for payment during the ensuing fiscal year of all properly authorized demands upon the treasurer, and the council shall thereupon cause the total levy to be certified by the city clerk to the County Assessor, who shall extend the same upon the tax list of the current year in a separate column entitled: "THE CITY OF GRAND JUNCTION TAXES", and shall include said city taxes in his general warrant to the County vided, then the rate last fixed shall be the rate fixed for the ensuing fis- cal year. The amount required to make payment of any interest, or principal of bonded indebtedness, shall always be included in and met by tax levy ex- cept as otherwise provided in this charter. Treasurer for collection, as provided by law. If the council fails in any year to make said tax levy as above pro- 82. No Liahility Without Appropriation. — Except as herein otherwise specially provided, the city expenditures in any one year shall not be increased over and above the amount provided in the annual appropria- tion ordinance for that year, and no contract involving the expenditure, and no expenditure for any improvement to be paid out of the general or special funds of the city or for defraying the expenses and liabilities of • he city shall exceed, in any one year, the amount provided in the annual appropriation ordinance to be paid out of the said general and special funds so appropriated and set apart, but the said several funds shall be maintained for, used and devoted to the particular purposes specified in the annual appropriation ordinance. It shall not be lawful for any department or officer of the city to incur or contract any expense or liability for or on behalf of the city unless such an appropriation shall have been made concerning such expense. Such contract shall be ab initio null and void as to the city for any other or further liability; provided, first, that nothing herein contained shall prevent the council from providing by ordinance for payment of any ex- pense, the necessity of which is caused by any casualty, accident or un- foreseen contingency arising after the passage of the annual appropria- 22 tlcn ordinance; and, second, that the provisions of this section shall not apply to or limit the authority conferred in relation to bonded indebted- ness, nor for moneys to be collected by special assessments for local improvements. S3. Special Appropriations for 1909 and 1910. — The council shall dur- ing the year 1909, pass such special appropriation ordinances as may be necessary to pay the salaries and defray the expenses of any and all de- partments, officers and employes of the city for the years 1909 and 1910, but not thereafter; and the warrants for the payment of such salaries and expenses after being duly allowed and audited, may be drawn against such appropriation, and the amount so required for the payment of such war- rants, or so much thereof as may be necessary, shall be payable out of any available moneys not otherwise appropriated, or failing such moneys, the warrants shall be registered and payable out of the revenue for the next ensuing fiscal year, which shall be sufficient to pay the same. 81. Collection of Taxes. — Until the council shall otherwise by ordi- nance provide, the county treasurer shall collect city taxes in the same fiianner and at the same time as State taxes are collected, and all laws of this State for the assessment of property and the levy and collection of general taxes, including laws for the sale of property for taxes, and the redemption of the same, shall apply and have as full effect in respect of taxes for the city as of such general taxes, except as modified by this charter. On or before the fifth day of every month, the county treasurer shall report and pay to the city treasurer the amount of tax collections of the city for the preceding month. 85. City Indebtedness. — The indebtedness of the city shall be incurred and limited as provided in Article XI of the constitution of the State of Colorado. 86. Special Statutes Continued in Force. — The provisions of Sections 6657 and 6658 of the Revised Statutes of Colorado, 1908, relating to side- walks, and of Sections 6687 to 6694 thereof inclusive, relating to refund- ing bonds, are hereby made and declared to be in full force and effect in the city until otherwise provided by ordinance. ARTICLE X. DEPAIiTMENT OF HIGHWAYS. 87. Xo FaAins: Contracts. — Whenever any streets, avenues, or alleys are to be paved by the city, such work shall be done by the Commissioner of Highways, who shall procure the material though the Commissioner of Supplies, and shall employ the necessary labor. In no event shall such work be let out on contract. AKTirLE XL DEPARTMEXT OF HEALTH AND CIVIC BEAUTY. 88. Assistants and Employes. The city council shall appoint a health 23 officer, and may appoint a plumbing inspector, and all such assistants and employes as are necessary to the efficient administration of this depart- ment. 89. Qualifications of Health Officer. — The health officer shall be a graduate of a reputable medical college, and shall have practiced medicine and been a resident of this city for at least two years next preceding his appointment. He shall be licensed to practice medicine in this State; and shall have his license recorded with the County Clerk and Recorder of Mesa County in accordance with the laws of the State regulating the practice of medicine. Such health officer shall devote such time as is necessary to the duties of his office. 90. Power of Arrest. — The Commissioner of Health and Civic Beauty, and all salaried employes of the department of health, shall have the right and power to arrest any person or persons who may violate any of the rules or regulations of the department. 91. Qualification of Employes. — The plumbing inspector and other employes shall be persons properly skilled and qualified for the efficient and capable performance of their respective duties. 92. Reflations. — The council shall make all ordinances and regula- tions which may be necessary or expedient for the preservation of the ]iublic health and the suppression of disease. ARTICLE XII. DEPARTMENT OF WATER AND SEWERS. 93. Department an Entity. — The Department of Water and Sewers shall embrace all property rights and obligations of the city in respect to water, water works, and sewers, and shall, as far as practicable, be ad- ministered as an entity. All contracts, records, and muniments of title pertaining thereto shall be assembled and carefully preserved, and ac- counts shall be kept of its assets, liabilities, receipts, and disbursements, separate and distinct from the accounts of any other department. 94. Commissioner Administer Department. — The Commissioner of Wa- ter and Sewers is charged with the administration of said department, and with the supply of water to consumers. He shall appoint all such officers, assistants, and skilled employes as may be necessary, and may secure the services or advice of hydraulic engineers, special counsel, and other experts for such compensation as may be approved by the council. He shall preserve the water supply of the city from impairment and pol- lution, and secure at all times a supply of potable water adequate for the growing needs of the city. He shall cause comparative investigation to be made of all available reservoir sites, springs, and sources of such water supply, and report thereon to the council with his recommendations. He shall prepare and submit to the council measures for the storage and 2 1 augmenting of the water supply, and cause adequate water measure- ments and tests to be made and the record thereof preserved. 95. Duties of Commissioner. — He shall keep such books of account as are required by Article XIV of this charter, make an annual full detailed report of all the assets and liabilities, receipts and expenditures of his department, including cost of maintenance, extension, and improvements; and he shall annually estimate the difference in cost between municipal and private ownership of city water works. He shall take charge of all construction work of the water and sewer systems, and keep the said systems in good repair and working order at all times. He shall not let the work for any extension or new construction on contract, but the same shall be done directly by the city, procuring the necessary labor and material. The character of any extensions to be undertaken and the ex- tent thereof shall be determined by the city council. 96. Rates — Regulations — Fines. — The city council shall by ordinance fix rates, establish regulations for the use of water by consumers, provide for the orderly administration of the department, and impose fines and penalties for the violation thereof. Such ordinance shall establish a uni- form system of rates for the use of water by consumers, from which rates there shall be no rebates or reductions, it being the intent hereof to prevent any consumers of water from having any advantage or favor over other consumers, by contract or otherwise, except as herein provided. Whenever the revenue from the water works system shall produce a surplus over and above the cost of maintenance, and interest on the cost of construction, it shall be the duty of the city council to reduce the rates to consumers so that, as far as practicable, the people may receive the benefits of this department at not more than actual cost. All consumers of water living outside of the city limits shall pay not less than double the rates so established and fixed for users within the city limits. ARTICLE XIII. OFFICERS AND EMPLOYES. 97. Officers — Employes. — The elective officers shall be the only officers of the city. All other persons in the service of the city, or any commis- sion, or board thereof, are hereby declared to be employes, and subject to removal by the council at any time, at its pleasure, and without cause except as otherwise provided by this charter. The powers, duties, and compensation of all salaried employes shall be fixed by ordinance. 98. City Attorney. — The city attorney shall be appointed by the coun- cil, and shall be the legal adviser of the mayor, council, commissioners, and departments, and shall conduct all cases in court wherein the city shall be a party, plaintiff or defendant, or a party in interest; and shall perform such other duties as are required by ordinance. 99. Oath of Office. — Every officer or salaried employe shall, before he enters upon the duties of his office, take, subscribe, and file with the clerk 2.5 an oath or affirmation to support the constitution of the United States, the constitution of the State of Colorado, and the charter and ordinances of the city of Grand Junction, and faithfully to perform the duties of the position upon which he is about to enter. 100. Bonds. -Any officer or employe required to give bond, shall not be qualified for his office or employment until such bond has been duly approved, by the council, and filed with the clerk who shall have custody thereof. 101. No Extra Compensation. — No officer or employe shall solicit or receive any pay, commission, money, or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of any deal- ings with, or service for the city, by himself or by others, or from or by reason of any improvements, alterations, or repairs required by authority of the city except his lawful compensation or salary as such officer or employe. No officer or salaried employe of the city shall, except as other- wise provided by this charter, accept, directly or indirectly, from any rail- road, telegraph, or telephone company, or from any owner of any public utility franchise in the city, any pass, frank, free ticket, free service or -other service upon terms more favorable than those granted to the public generally. Any violation of this section shall be a misdemeanor. 102. Opiuious IVot Afieot Appointments.— No appointment to any posi- tion under the city government shall be made or withheld by reason of any religious or political opinions, or affiliations, or political service; and no appointment or election to, or removal from, any office or employment, and no transfer, promotion, reduction, reward or punishment shall be in any manner affected or made by reason of such opinions, affiliations, or service. 103. Official Books and Documents. — (a) All books, records, and pa- pers of each office, department, board or commissioner, are city property and must be kept as such by the proper official or employe during his con- tinuance in offi.ce, and delivered to his successor, who shall give duplicate receipts therefor, one of which shall be filed with the city clerk. The failure to so deliver such books, records, and papers, shall be a misde- meanor. (b) Certified copies or extracts from the books, records, and files shall be given by the officer, board, commission or employe having the same in custody to any person demanding the same, and paying for such copy, or extract; but the records of the police department shall not be subject to inspection or copy without the permission of the mayor. (c) All equipment, collections, models, materials, construction tools and implements, which are collected, maintained, used, or kept by the city, or by any department, board or commission, shall be city property, and be turned over by the custodian thereof to his successor, or duly ac- counted for. 104. Payment of Debts. — Failure of any employe to promptly pay any legal indebtedness contracted by him while in the service of the city shall be ground for his removal from such employment. 26 ARTICLE XIV. FRANCHISES AND PUBLIC UTILITIES. 105. Franchise Granted Upon Vote. — No franchise relating to any street, alley, or public place of the said city shall be granted except upon the vote of the qualified taxpaying electors, and the question of its being granted shall be submitted to such vote upon deposit with the treasurer of the expense (to be determined by said treasurer) of such submission by the applicant for said franchise, and no such franchise shall be granted unless a majority of such electors voting thereon vote in favor thereof. 106. Contracts for Service. — All contracts for service between the city and the owner or manager of any such franchise, shall be made by ordi- nance, the terms of which shall be agreed to in writing by said owner ©r manager prior to the passage of such ordinance. No contract for service shall be made by the city for a longer period than two years unless such contract be submitted to a vote of the qualified electors of the city, and approved by a majority of those voting on said question. 107. Franchise Specify Streets. — All franchises or privileges hereafter granted for laying tracks or pipes, or supplying heat, light, or power, shall plainly specify on what particular streets, alleys, avenues, or other pub- lic property, the same shall apply; and any other franchise shall state the bounds of the district or districts in which it shall be exercised; and no franchise or privilege shall hereafter be granted by the city in general terms or to apply to the city generally. 108. Power to Regulate Rates and Fares. — All power to regulate the rates, fares, rentals and charges for service by public utility corporations is hereby reserved to the people to be exercised by them by ordinance of the council, or in the manner herein provided for initiating or referring, an ordinance. Any right of regulation shall further include the right to require uniform, convenient, and adequate service to the public and rea- sonable extensions of such service and of such public utility works. The granting of a franchise shall not be deemed to confer any right to include, in the charge for service any return upon the value of the franchise or grant itself. 109. Ordinance in Plain Terms. — No franchise, right, privilege, or li- cense shall be considered as granted by any ordinance except when granted therein in plain and unambiguous terms, and any and every am- biguity therein shall be construed in favor of the city and against the- claimant under said ordinance. 110. Issuance of Stock. — Every ordinance granting any franchise shall prohibit the issuing of any stock on account thereof by any corporation holding or doing business thereunder. 111. License Tax.--The city shall have the right to license or tax street cars, telephones, gas meters, electric meters, water metetB, or 27 any other similar device for measuring service; also telephone, telegraph, electric light, and power poles, subways and wires. The said license or tax shall be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof. 112. Special Privileges ou Street Railroad.— The grant of every fran- chise for a street, suburban, or interurban railroad shall provide that all United States mail carriers and all policemen and firemen of the city in uniform, and all elective officers, shall at all times, while in the actual discharge of their duties, be allowed to ride on the cars of such railroad within the boundaries of the city without paying therefor, and with all the rights of other passengers. 113. Railroad Elevate or Lower Tracks. — The council shall, by ordi- nance, require under proper penalties, any railroad company, whether steam or electric, to elevate or lower any of its tracks running over, along, or across any of the streets or alleys of the city, whenever in the opiuion of the council the public safety or convenience requires. 114. Street Sprinkling:, Cleaning and Paving-. — Every grant of any franchise or privilege in, over, under or along any of the streets, high- ways or public places in the city for railway purposes, shkll be subject to the conditions that the person, firm or corporation exercising or en- joying the same shill, unless otherwise provided by ordinance, sprinkle, clean, keep in repair, and pave and repave so much of said street, high- way or other public piace as may be occupied by said railway as lies be- tween the rails of each railway track, and between the lines of double track, and for a space of tcvo feet outside of said track. 115. Franchise Provide toi Safct.v, Etc. — The grant of every franchise or privilege shall be subject to the right of the city, whether in terms re- served or not. to make any regulations for the safety, welfare, and ac- commodation of the public, including among other things, the right to require proper and adequate extensions of the service of such grant, the right to require any or all wires, cables, conduits, and other like appli- ances, to be placed under ground, and the right to protect the public from danger or inconvenience in the operation of any work or business author- ized by the grant of the franchise. 116. Oversight of Water Reserved to City. — Every franchise, right or privilege which has been, or which may hereafter be granted, conveying any right, permission or privilege to the use of the water belonging to the city, or to its water system, shall always be subject to the most com- prehensive oversight, management, and control in every particular by the city; and such control is retained by the city in order that nothing shall ever be done by any grantee or assignee of any such franchise, right or privilege which shall in any way interfere with the successful operation of the water works of the city, or which shall divert, impair, or render the same inadequate for the complete performance of the trust for the people under which such water works are held by the city, or which shall tend so to do. 28 117. No Exclusive Franchise — Eenewaf. — No exclusive franchise shall ever be granted, and no franchise shall be renewed before one year prior to its expiration. 11^. No Fraiiciiiso Lea>«ed Except, — No franchise granted by the city shall ever be leased, assigned, or otherwise alienated without the express consent of the city, and no dealing with the lessee or assignee on tha part of the city to require the performance of any act or payment of any com- pensation by the lessee or p^ssignee, shall be deemed to operate as such consent. Any assignment or sale of such franchise to any foreign corpora- tion, shall operate as a forfeiture to the city of such franchise. 119. Ameudineut, Renewal, Exteusion or Enlargement of Franchise. — No amendment, renew. J, extension, or enlargement of any franchise, or grant of rights or powers previously or heretofore granted to any corpora- tion, person, or association of persons, shall be made except in the man- ner and subject to all the conditions provided in this article for the mak- ing of original grants and franchises. The city shall require as a condi- tion of any amendment, alteration, or enlargement of a franchise or grant, unless otherwise expressly determined by a majority vote of the qualified electors of the city, that the person, association, or corporation owning the original franchise or grant, shall, as a prior condition to, and in con- sideration for such amendment, alteration, or enlargement, covenant and agree, as a part thereof, that such original franchise shall be brought within all the conditions provided in this article for the exercise and en- joyment of franchises hereafter granted, including the right of the city to purchase the plant and physical property, whether within or without the city limits, or both, at a fair valuation, which valuation shall not in- clude any franchise value, or any earning power of such property. 120. Provision for Common Use of Tracks, Poles, Etc. — The city may, by ordinance, require any person or corporation holding a franchise from the city for any public utility, to allow the use of any of its poles, tracks, wires, conduits, or electric current by any other person or corporation to which the city shall grant a franchise, upon the payment of a reasonable rental therefor; and any franchise or right which may hereafter be granted to any person or corporation to operate a street railway, or other public service, within the city or its suburbs, shall be subject to the con- dition that the city shall have the right to grant to any other person or corporation desiring to build or operate a street railway, interurban rail- way, or other public service, within or into the city, the right to operate its cars over the tracks of said street railway, or to utilize its poles, wires, conduits, or electric current, in so far as may be necessary to enter the city and to reach any section thereof; provided, that the person or cor- poration desiring to operate its cars over the lines of said street railway, or to use such other public service, shall first agree in writing with the owner thereof to pay it a reasonable compensation for such operation or use. And if the person or corporation desiring to use the same cannot agree with said owner as to said compensation, within sixty days from 29 offering in writing so to do, and as to terms and conditions for such use, then the council shall, by resolution, after a fair hearing to the parties concerned, fix the terms and conditions of such use and compensation to be paid therefor, which award of the council when so made, shall be final and binding on the parties concerned. 121. City Maintain (lieneial Snpervision — Reports — Inspection — The city shall maintain general supervision and police control over all public utility companies in so far as they are subject to municipal control. It shall cause to be instituted such actions or proceedings as may be neces- sary to prosecute public utility companies for violations of law. It shall require every person or corporation operating under a fran- chise or grant from the city, to submit to the eouncil within sixty days after the first day of January of each year, an annual report verified by the oath of the president, the treasurer, or the general manager thereof. Such reports shall be in the form, contain such detailed information, and cover the period prescribed by the council, or by ordinance; and the council shall have the power, either through its members or by experts or employes duly authorized by it, to examine the books and affairs of any such person, persons or corporation, and to compel the production before them of books and papers pertaining to such report or other matters. Any such person, persons, or corporation which shall fail to make any such report, shall be liable to a penalty of one hundred dollars and an additional penalty of one hundred dollars for each and every day there- after, during which he shall fail to file such report, to be sued for and recovered in any court of record having jurisdiction. The mayor shall, either personally or through the city's inspectors or employes duly authorized by the council, enter into or upon and inspect the buildings, plants, power houses, and all properties of any such per- son, persons, or corporation, and shall inspect the same at least once a year, and shall immediately thereafter report to the council a detailed and complete statement of such inspection. 122. Books of Record and Reference. — The mayor shall provide and cause to be kept in his office the following books of record and reference : First. — A franchise record, indexed, and of proper form in which shall be transcribed accurate and correct copies of all franchises or grants by the city to any person, persons, or corporation owning or operating any public utility. The index of said record shall give the name of the grantee and thereafter the name of any assignee thereof. Said record shall be a complete history of all franchises granted by the city and shall include a comprehensive and convenient reference to actions, contests, or proceed- ings at law, if any, affecting the same. Second. — A public utility record, of every person, persons, or corpora- tion owning or operating any public utility under any franchise granted by the city, into which shall be transcribed accurate and correct copies of each and every franchise granted by the city to said person, persons, or corporation, or which may be controlled or acquired by them or it, to- gether with copies of all annual reports and inspection reports, as herein provided, and such other matters of information and public interest as the mayor may, from time to time, acquire. In case annual reports are not filed and inspections are not made, as provided, the mayor shall record such fact in the public utility record, and in writing, report the same to the council. All such annual reports, or a synopsis thereof, shall be pub- lished once in two daily newspapers of general circulation, published in the city, or printed and distributed in pamphlet form, as the council may determine. The provisions of this section shall apply to all persons or corpora- tions operating under any franchise now in force or hereafter granted by the city. 123. Books of Account — Examiuatiou. — The city, when owning any public utility, shall keep the books of accounts for such public utility dis- tinct from other city accounts, and in such a manner as to show the true and complete financial result of such city ownership, or ownership and operation, as the case may be. Such accounts shall be so kept as to show the actual cost to the city of the public utility owned; all cost of maintenance, extension and improvement, all operating expenses of every description, in case of such city operation; if water or other service shall be furnished for the use of any department of the city without charge, the accounts .shall show, as nearly as possible, the value of such service; such accounts shall also show reasonable allowance for interest, depre- ciation, and insurance, and also estimates of the amount of taxes that would be chargeable against such property if owned by a private corpora- tion. The council shall cause to be printed annually for distribution, a report showing the financial results, in form as aforesaid, of such city ownership, or ownership and operation. The accounts of such public utility, kept as aforesaid, shall be examined at least once a year by an ex- pert accountant, who shall report to the council the result of his examina- tion. Such expert accountant shall be selected in such manner as the council may direct, and he shall receive for his services such compensa- tion, to be paid out of the income or revenues from such public utility, as th^ council may prescribe. 124. Term >ot Longer Than Twenty-Five Years — Compensation.— No franchise, lease or right to use the streets or the public places, or prop- erty of the-city, shall be granted by the city, except as in this charter pro- vided, for a longer period than twenty-five years. Every grant of a fran- chise shall fix the amount and manner of the payment of the compensa- tion to be paid by the grantee, for the use of the same, and no other com- pensation of any kind shall be exacted for such use during the life of the franchise, but this provision shall not exempt the grantee from any law- ful taxation upon his or its property, nor from any licenses, charges, or impositions not levied on account of such use. 125. City May Purchase, Opersite or Sell — Procedure. — (a) Every grant, extension, or renewal of a franchise or right shall provide that the city may upon the payment therefor of its fair valuation, purchase, and 31 take over the property and plant of the grantee in whole or in part; such valuation shall be made as provided in the grant, but shall not include any value of the franchise or right of way through the streets, or any earning power of such property. The valuation may include, as part of the cost of the plant, interest on actual investment during the period of construction, and prior to operation. Such grant may provide that if the purchase is made within five years of the time when the franchise is granted, the city shall pay an additional sum or bonus of not to exceed ten per centum (10%) on the actual value of the tangible property, ex- clusive of the franchise value, which additional sum or bonus shall be re- duced proportionately from such five year period to the end of the fran- chise period when no bonus shall be given. The procedure to effect such purchase shall be as follows: When the council shall, by resolution, direct that the mayor shall ascertain whether any such property or part thereof, should be acquired by the city, or in the absence of such action of the council, when a peti- tion subscribed by qualified electors of the city, eaual in number to at least ren per centum (10^/^) of the last preceding vote cast in the city for all candidates for Governor of the State of Colorado, requesting that the mayor shall ascertain whether any such property or part thereof, should be acquired by the city, shall be filed with the clerk, the mayor shall forth- with carefully investigate said property and report to the council— (1) At what probable cost said property may be acquired; (2) What, if any, probable additional outlays would be necessary to operate the same; (3) Whether, if acquired, it could be operated by the city at a profit or advantage in quality or cost of service, stating wherein such profit or advantage consists: (4) Vv^hether, if acquired, it could be paid for out of its net earnings, and if so, within what time: and (o) Such other information touching the same as he shall have ac- quired. Such report shall be made in writing, shall include a statement of facts in relation thereto with such particularity as will enable the council to judge of the correctness of his findings, and immediately after submis- sion to the council, shall be filed with the city clerk, recorded in the pub- lic utility record, and published once in each of two daily newspapers of general circulation published in the city, or printed and distributed in pamphlet form, as the council may determine. If a petition subscribed by qualified electors of the city, equal in number to at least ten per centum (10%) of the last preceding vote cast in the city for all candidates for Governor ot the State of Colorado, requesting that the question whether or not the city shall acquire said property, shall be submitted to a vote of the people, shall within sixty days after the filing of said report be filed with the clerk, the council shall provide by ordi- nance for the submission of the question to a vote of the qualified electors. (b) Every grant reserving to the city the right to acquire the plant 32 as well as the property, if any, of the grantee situated in, on, above, or under the public places of the city, or elsewhere, used in connection there- with, shall in terms specify the method of arriving at the valuation therein provided for, and shall further provide that upon the payment by the city of such valuation, the plant and property so valued, purchased and paid for, shall become the property of the city by virtue of the grant and payment thereunder, and without the execution of any instrument of con- veyance; and every such grant shall make adequate provision by way of forfeiture of the grant, or otherwise, for the effectual securing of efficient service and for the continued maintenance of the property in good order and repair and its continuous use throughout the entire term of the grant. TFhe grant may also provide that in case such reserved right to operate or to take over such plant or property is not exercised by the city, and it shall, prior to payment for the same, secure a bid for the property, and grant a new franchise for the same service or utility, as provided in para- graph "c"' of this section, or grant the right to another person or corpora- tion to operate said utility, so occupied and used by its grantor, under the former grant, that the title to and possession of the plant and property so taken away be transferred directly to the new grantee upon the terms upon which the city may have purchased it. (c) Whenever any plant or property shall become the property of the city of Grand Junction, the city shall have the option at any time, then or thereafter, either to operate the same on its own account, or by ordinance to lease the same or any part thereof, together with the fran- chise or right to use the streets or other public property in connection therewith, for periods not exceeding twenty-five years, under such rules and regulations as it may prescribe, or by ordinance to sell the same; provided, however, that no such ordinance shall be adopted except by a majority vote of the qualified electors of the city. 126. Charter Provisions Jfot to Impair Right to Insert Other Matters in Franchise. — The enumeration and specification of particular matters in this charter which must be included in every franchise or grant, shall never be construed as impairing the right of the city to insert in such franchise or grant, such other and further conditions, covenants, terms, restrictions, limitations, burdens, taxes, assessments, rates, fares, rentals, charges, control, forfeitures, or any other provision whatever, as the city shall deem proper to protect the interests of the people. 127. Revocable Permits. — The council may grant a permit at any time, in or upon any street, alley, or public place, provided such permit may be revocable by the council at its pleasure at any time, whether such right to revoke be expressly reserved in such permit or not. ARTICLE XV. COMMISSIONS AND BOARDS. Parks. 128. Commission— Statutes Apply.— A park commission shall be ap- 33 pointed by the city council, to serve witiiout compensation, with the pow- ers, functions and duties established by Sections 6771 to 6788 inclusive, of the Revised Statutes of Colorado, 1908, until otherwise provided by ordi- nance. rublio Lil)rarj. 129. Board — Statutes Aju)]}'. — The existing board of directors of the Public Library of the city of Grand Junction shall continue with the powers, functions and duties established by Sections 3972 to 3984 inclu- sive, of the Revised Statutes of Colorado, 1908, until otherwise provided by ordinance. Public Charities. 130. Board of Charities. — The city council shall establish a commis- sion of public charities and appoint commissioners thereon, to serve with- out compensation, with such tenures, powers and duties of office as may be fixed by ordinance. Civil Service. 131. Commission. — There is hereby established a civil service com- mission consisting of three members who shall serve without compensa- tion, and who shall have such tenures, rights, powers and duties of office as may be prescribed by ordinance not in conflict with this charter. Such commission shall be appointed by the city council prior to January 1, 1913. 132. Classified List.— Such commission shall classify any salaried em- l)loyes in the five departments of the city as provided by ordinance, for open, non-partisan, competitive, and free examination as to fitness, with limitations as to residence, health, habits and moral character; for an eligible list from which vacancies shall be filled; for a period of proba- tion before employment is made permanent; and for promotion on the basis of merit, experience and record. Such civil service appointees shall only be removed from their employment for cause unless by unanimous vote of the council. ARTICLE XVI. DIRECT LEGISLATION BY THE PEOPLE. 133. Direct Legislatiou. — Any proposed ordinance may be submitted to the council by petition signed by qualified electors of the city, equal in number to the percentage hereinafter required. The procedure in respect of such petition shall be the same as provided in Sections 28 and 29, Arti- cle III, of this charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavit made. 134. Ten Per Centum Petition. — If the petition accompanying the pro- posed ordinance be signed by qualified electors equal in number to at least ten per centum of the last preceding vote cast in the city for all candi- dates for Governor of the State of Colorado, and contains a request that said proposed ordinance be submitted to a vote of the people, if not passed by the council, the clerk shall thereupon ascertain and certify its 34 number of qualified signers; whereupon, if such certificate shows the re- quired number of qualified signers, the council shall within twenty days thereafter, either — (a) Pass said ordinance without alteration, (subject to the referen- dum vote provided by this article) ; or (b) Call a special election unless a general or special municipal elec- tion is to be held within ninety days thereafter, and at such general or special municipal election said proposed ordinance shall be submitted without alteration to the vote of the qualified electors of the city. 135. Five Per Ceutuni Petition. — If the petition be signed by qualified electors equal in number to at least five per centum but less than ten per centum of the last preceding vote cast in the city for all candidates for Governor of the State of Colorado, as shown in the manner hereinbefore provided, and said proposed ordinance be not passed without alteration by the council within twenty days, as provided in the preceding section, then such proposed ordinance, without alteration, shall be submitted by the council to electoral vote at the next general municipal election, if any, occurring within forty days thereafter. If filed before forty days, or within twenty days of such election, said petition shall be invalid. 136. Mode of Protesting Against Ordinances. — No ordinance passed by the council shall take effect before thirty days after its final passage and final publication, except an emergency ordinance, as provided in Article VI of this charter. If, within said thirty days, a petition signed by quali- fied electors of the city equal in number to at least ten per centum of the last preceding vote cast in the city for all candidates for Governor of the State of Colorado, be presented to the council, protesting against such ordinance taking effect, the same shall thereupon and thereby be sus- pended from taking effect, the council shall immediately reconsider such ordinance, and if the same be not entirely repealed, the council shall sub- mit it, by the method provided in this article, to a vote of the qualified electors of the city, either at the next general municipal election, or at a specal election, which may, in their discretion, be called by them for that purpose, and such ordinance shall not take effect unless a majority of the qualified electors voting on the same at such election, shall vote in favor thereof. The procedure in respect of such referendum petition shall be«the same as provided in sections 28 and 29 of Article III of this charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavit made. 137. Keference ))j' the Council.— The council may, of its own motion, submit to electoral vote for adoption or rejection at a general or special municipal election, any proposed ordinance or measure, or a proposition for the repeal or amendment of any ordinance, in the same manner and with the same force and effect as provided in this article for submission pn petition. If the provisions of two or more proposed ordinances or measures, adopted or approved at the same election, are Inconsistent, then 35 the ordinance or measure receiving the highest afRrmative vote shall prevail. 138. Publication of Ek'ctoral Ordinance. — WTienever any proposed or- dinance is required by this charter, to be submitted to the voters of the city at any election, the council shall cause it to be published as required of other proposed ordinances. 189. Election. — The ballots used vfhen voting upon such proposed ordinance shall state the nature of the ordinance in terms sutflcient to identify it, and, on separate lines, the words, "For the Ordinance", and "Against the Ordinance." If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, the same shall thereupon become an ordinance of the city. 140. Several Ordinances at One Election. — Provision shall be made on each ballot for voting upon all proposed ordinances submitted at that election. 141. Limit to Special Elections. — There shall not be held under this article more than one special election in any period of six months. 142. Kepeal or Amendment* — An ordinance adopted by electoral vote, cannot be repealed or amended except by electoral vote. 143. Regulations.— The council may, by ordinance, make such regu- lations, not in conflict herewith, as it may deem necessary to carry out the provisions of this article. ARTICLE XVI]. GENERAL PROVISIONS. 144. Present Form of Government Terminated. — Upon the approval of this charter by a majority of the qualified electors voting thereon, and upon filing two copies thereof officially certified by the city clerk, in the office of the Secretary of State of Colorado, it shall thereupon be in full force and effect, and the present form of government including all exist- ing city ^wards, shall thereupon cease and terminate. All officers and other persons in the service of the city at that time shall continue to serve as such, receive the compensation therefor now provided by law or by ordinance, have and exercise the powers, authority and jurisdiction theretofore possessed by them respectively, until the elective officers first elected hereunder shall have qualified. Upon such qualification, the term of office of every officer or other person in the service of the city at the time this charter takes effect shall terminate immediately. All persons in the service of the city at the time this charter takes effect (except the mayor, aldermen, police magistrate, city clerk, city treasurer, street com- missioner, water commissioner, or any other person whose office ceases by virtue thereof) shall continue to draw compensation at the same rate, 36 and to exercise like poirers, authorii^ and jurisdiction as theretofore, until replaced or until the council shall otherwibe provide. 145. Duty of Present Oftic«rH as to Elections. — It shall be the duty of the mayor, the city council, and the city clerk in office when this aharter takes effect, to comply with all the requirements of Article II of this char- ter relating to elections, to the end that all things may be dope necessary to the nomination and election of the officers first to be elected under this charter. 146. Outgoing Officers. — All officers of the city whose term of offlc* shall be terminated by the first election under this charter, shall deliver and turn over to the officers upon whom their powers and duties devolve, all papers, records, and property of every kind in their possession or cus- tody by virtue of their office, and shall account to them or to any authority designated by the city council, for all funds, credits or property of any kind with which they are properly chargeable, as such officials. 147. Present Ordinances Continue In Force. — All laws, ordinances, res- olutions, by-laws, orders, rules or regulations in force in the city of Grand Junction, at the time this charter takes effect, not inconsistent with its provisions, whether enacted by the authority of the city or any other authority, shall continue in full force and effect until otherwise provided by ordinance. 148. Penalty for Violation. — Any person who shall violate any of th« provisions of this charter for the violation of which no punishment has been provided herein, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred ($100.00) Dollars, or by imprisonment in the city jail not exceeding three months, or by both such fine and imprisonment. 149. Definition of Misdemeanor. — The term "misdemeanor" as used in this charter, shall mean a violation thereof, or of any ordinance, of which the Municipal Court or magistrate thereof shall have jurisdiction, and shall not have the meaning attached to it in Chapter XXXV entitled "Crimes," Revised Statutes of Colorado, 1908. 150. Continnlng Bonds, Etc — All official bonds, recognizances, obli- gations, contracts and all other instruments entered into or executed by or to the city before this charter takes effect, and all taxes, fines, penal- ties, forfeitures incurred or imposed, due or owing the city, shall be en- forced or collected, and all writs, prosecutions, actions and causes of ac- tion, except as herein otherwise provideU, shall continue without abate- ment and remain unaffected by this charter; and all legal acts done by or in favor of the city, shall be and remain as valid as though this charter had not been adopted. 151. Submission of Charter Amendments. — This charter may be amended at any time in the manner provided by Article XX of the con- stitution of the State of Colorado. Nothiog herein contained shall be con- •7 strued as preventing the submission to the people of more than one char- ter amendment or measure at any one election. 152. Reservation of Power. — The power to supersede any law of this state, now or hereafter in force, in so far as it applies to local or munici- l)al affairs, shall be reserved to the city, acting by ordinance. CERTIFICATE. WHEREAS, the City of Grand Junction in the County of Mesa, and State of Colorado, a city of the second-class, did, on the 8th day of June, 1909, at a special election under and in accordance with the provisions of Article XX of the constitution of the State of Colorado, elect George R. Barton, James W. Bucklin, Heman R. Bull, William Campbell, Alfred R. CulleH, William E. Dudley, Wendell P. Ela, George W. Fletcher, Ernest M. 'Gillpatrick, William C. Herrman, Shepard B. Hutchinson, William H. Lee, Charles P. McCary, William J. Moyer, John Murphy, Frank Sawyer, Marcus M. Shores, David T. Stone, Thomas M. Todd, Bostwick W. Vedder and James Woods, as a Charter Convention of twenty-one (21) electors, qualified as required by said Article XX, to prepare and propose a Char- ter for said City ; BE IT KNOWN, that, in pursuance of said provision of the constitu- tion, and within a period of sixty days after said election, said Charter Convention has prepared, and does propose the foregoing as and for the Charter of said City of Grand Junction, and that in submitting and pro- posing said Charter to the voters of said city, the Charter Convention, pursuant to said provisions of the constitution, also submits therewith for the choice of the voters, and to be voted on separately without preju- dice to the other provisions contained in the Charter, an alternative prop- osition hereinafter stated. Said alternative proposition shall, if approved by a majority of the voters voting on the question, thereupon take effect,' and take the place of Section 35, Article IV of this Charter, and there- upon said Section 35 hereinbefore set forth, shall then, and in that event, be invalid .and be eliminated. Said alternative proposition shall be submitted to the voters for their approval or rejection at the same election at which the Charter shall be submitted. Upon the ballots submitting the adoption of the Charter shall be printed two propositions as follows: YES NO I Shall the Charter be adopted? | I Shall the alternative proposition for | three commissioners take the place | of Section 35, Article IV for five j commissioners? | Those voting in favor of either or both of said propositions shall put a cross (X) in the first column opposite such propositions under the word "Yes"; those voting against either or both of said propositions, shall put S8 a cross (X) in the second column opposite such propositions under the word "No", Said alternative proposition is. as follows: ALTERNATIVE PROPOSITION. "35. Offieers— Terms— Salaries — The elective officers of the city shall consist of three commissioners; one of whom shall be the Commissioner of Public Affairs, Finance and Supplies, and shall have charge of Depart- ments I and II, and shall be ex officio Mayor; one shall be the Commis- sioner of Highways, Health and Civic Beauty, and shall have charge of Departments III and IV; and one shall be the Commissioner of Water and Sewers, and shall have charge of Department V; each of whom shall be elected at large by the qualified electors of the city. The terms of all elective officers shall commence at 10 o'clock A. M. on the first Tuesday following their election, and shall be for two years and until 10 o'clock A. M. of the first Tuesday following the election and qualification of their successors. The salaries of each of such commissioners shall be One Hundred and Twe'.ity-five ($125.00) Dollars per month, payable monthly." IN WITNESS WHEREOF, We, the duly elected and qualified members of the Charter Convention, of the city of Grand Junction, State of Colo- rado, have hereunto subscribed our names in triplicate, in Convention, at the Council Chamber, in the City Hall, in said city, this sixth day of August, in the year of our Lord, one thousand nine hundred and nine. JAMES W. BUCKLIN, President. BOSTWICK W. VEDDER, Vice President. JAMES WOODS, Secretary. GEORGE R. BARTON, HEMAN R. BULL. WILLIAM CAMPBELL, ' ALFRED R. CULLEN, WILLIAM E. DUDLEY, WENDELL P. ELA, GEORGE W. FLETCHER, ERNEST M. GILPATilICK, WILLIAM. C. HERRMAN, SHEPARD B. HUTCHINSON, WILLIAM H. LEE, CHARLES P. McCARY, WILLIAM J. MOYER, JOHN MURPHY, FRANK SAWYER. M. M. SHORES, DAVID T. STONE, THOMAS M. TODD. 39- OFFICIAL DATA. Grand Junction was selected, located, staked, and founded as a Town- site under and by virtue of the laws of the United States, September 26, 18S1, bj' and in the names of George A. Crawford, Richard D. Mobley, M. Rush Warner, James W. Bucklin, and their associates, Allison White and H. E. Rood, who, pursuant thereto, on October 10, 1881, incorporated "The Grand Junction Town Company.'' June 22, 1882, a vote was taken to incorporate the municipality by the name of the "Town of Grand Junction," which incorporation was com- pleted July 19, 1882. February 14, 1883, the town was made the County seat of the new County of Mesa. April 20, 1891, the town was graded into a city of the second class. April 6, 1909, Grand Junction became a Charter city by vote, pursuant to the State Constitution, and on June 8, 1909, the 21 Charter delegates were elected who completed and filed the Charter on August 7, 1909. September 14, 1909, the election to adopt or reject the Charter takes place, and if adopted, the first election thereunder occurs November 2, 1909. The population of Grand Junction as shown by official census was in round numbers in 1885, 500; in 1890, 2,000; in 1900, 3,600; in 1909 (City Directory), 11,000. The elevation as fixed by the U. S. Government is 4,587 feet above sea level. The City comprises all of Section 14; the SB14 of Section 11; the SE^ of Section 15; the NW14 of Section 23; a strip of land 232 feet wide off the west side of the NW»4 of the NE^A of Section 23, being an extension of 7th street, and the land lying west thereof; and all of the SW14 of Section 13 except that part of the SE^ of SW^ of said Section 13, lying south of the right-of-way of the Rio Grande Junction Railway Company's track and comprising 23.04 acres; all being in T 1 S. R. 1 W. JS. M., Mesa County, Colorado, and being a little lees than two sections of land. PROPOSED REVISED CHARTER FOR THE City ^ Grand Rapids PREPARED WITH THE ASSISTANCE OF CITY ATTORNEY Moses Taggart COMMITTEE ON CHARTER AMENDMENTS Elvin Swarthout Joseph Renihan Harry C. White George P. Tilma George W. Thompson Which Committee was appointed May 2, 1904 by MAYOR EDWIN F. SWEET PROPOSED REVISED CHARTER FOR THE City ^ Grand Rapids PREPARED ITH THE ASSISTANCE OF CITY ATTORNEY Moses Taggart COMMITTEE ON CHARTER AMENDMENTS Elvin Swarthout Joseph Renihan . Harry C. White George P. Tilma George W. Thompson Which Committee was appointed May 2, 1904 by mayor EDWIN F. SWEET Report of Committee on Charter Amendments. I'll llii- I fun. iLci'a'iu P. Sivcct. Mayor, and the Hoiun-ablc Common Council of the City of Grand Rapids: Your Conmiittee on Charter Amendments, upon whom, nearly a year ago, was imposed the task of re-writing the City Cliarter, l^eg leave to report herewith a draft of " An Act to Revise the Charter of the City of Grand Rapids." We suggest that after yom" honorable body has made such altera- tion as may seem advisable, the proposed new Charter be transmitted to the representatives of the city in the State Legislature, for presentation to and adoption by that liody. The method pursued by your committee in formulating" this document was as follows: Immediately after the appointment of the committee, com- munications were sent to the various boards, departments and officers of the city, asking for written suggestions of changes in the Charter which their experience had shown to be needful. The citizens generally, as well as numerous non-official civic organizations, were also invited to offer sug- gestions. A large number of communications were received in answer to tliese calls. Thereafter a series of public meetings were held by the commit- tee, at which the various departments of the city government were taken uj) in order and these recommendations and other suggestions discussed. Probably fifty such meetings have been held. The discussions were uni- formly instructive and valuable. The present City Charter was then reviewed by the committee, title by title. Comparisons were made with the charters of a large number of other cities, which had been kindly furnished us by Mr. D. F. Wilcox. The com- mittee was aided in the work of these sessions by the officers of the city and by committees from the Board of Trade, the I'rades and Labor Council, the Civic Club, etc., etc. The various titles were then turned over to City Attorney Moses Taggart, who re-drafted the same. His work was then re-read and passed by the committee. This process was continued until the whole Charter was re-written. A committee of the Grand Rapids Bar .Association, of which Ex-Mayor W. J. Stuart was chairman, then read the manuscripts of the leading titles with a view to seeing that there were no legal objections to their form and content. Thereafter copy was revised for the printer by Mr. Taggart, the Chair- man of the committee and the City Clerk, care being taken to see that dupli- cations were eliminated and tlic various sections arranged in tlieir proper positions. It has not licen the purpose of the committee to see how many changes in tlie charter could be made. We have endeavored, wherever possible, to use the \er1)iage of the city's organic lav>', which has been approved by time, remembering the wisdom of the Pauline maxim " Hold fast the form of sound words." The city attorney has advised us that many clauses of the Charter have already been construed by the Supreme Court, and that it is best to continue the use of such approved form of words wliercver possible. THE MORE NOT.\nLE CTI.VNnES. But the committee has seen fit to make a number of changes not only in the wording of the document, but also in the substance of its provisions. Some of the more notable are : Making all the Aldermen members of the Board of Supervisors, and doing away with the office of supervisor-at-large. § lo. A general provision for filling vacancies, and for removal from office. 5^ iS, 19. An optional referendum on ordinances, or franchise grants, and c ji; ■ tracts, involving the expenditure of more than $10,000. § 57. A veto in the Board of Police and Fire Connnissioners on applicalii_)ns for saloon licenses, bottom p. 19. Sprinkling of streets from highway fund, § 41. Changing of the beginning of the fiscal year to April i. § 67. Limit of borrowing money for current expenses raised from $_'o,ooo to $50,000. § S2. y\n entire title devoted to the subject of granting franchises in the streets and delining and limiting the powers of the council in the premises; and the optional referendum on franchises. § 100, et seq. Regulations concerning municipal control of public utilities. § 11,3, I2T. The whole subject of keeping municipal accounts and funds has been revised. § 134, 151. The comptroller is made the bookkeeper for all departments of the city, including the Board of Education; it is made his duty to examine the books of all departments; he can, with the approval of the Council, require all the departments to keep their books in a particular way. The treasurer is made the sole receiving and disbursing officer of the city and its boards, in- cluding the Board of Educatic)n. (Same Sections.) The salary of the Mayor is raised from $1,200 to $2,000; and that of the comptroller from $2,000 to $2,500. § 156. Idle cost of paving street intersections to be paid from the general fund; and one-half the expense of second improvements of streets paved after J;ni. T, 1905, to be paid from the same fund. § 167. iv Sidewalk, etc.. assessments are no longer a personal charge against the owner of the property. § i8i. (p. 104 of old Charter.) The treasurer and not the marshal will make collections. The Mayor is no longer a mcmher of the Board of Puhlic Works, and llie term of office of memhers is made five years. Not more than three memhcrs shall he appointed from any one party. § 266. The secretary may l)e made general manager of thi^ hoard if tlie l)oard so decides. § 271. Board to maintain permanently improved streets. § 275. Sealer of Weights transferred to Board of Police and Fire Commis- sioners, who must detail a policeman fi^r this duty alone. § 310. The Board of Health and Board of Poor Commissioners have heen consolidated. Title X.. page 104. The city physician and milk and food inspector are placed under this hoard. § 343, 344. The secretary of the hoard may be made superintendent of the poor, if the hoard so decide, otherwise the health ofificer will perform the functions of that office. § 347. The limit of the health officer's salary is fi.xed at $2,000. § 342; and that of the city physician at $1,800. § 343. A new hoard to he knowm as the Board of Park and Cemetery Com- missioners is provided for. Title XI. p. 112. The powers of the Board of Sinking Fund Commissioners (which hoard was created hy the Legislature of 1903), are enlarged to cover: (i.) the care of cemetery trust funds, etc. § t,~3, 374, 376, 400; (2.) the control of fifty per cent, of the gross receipts of the water works, which is turned over to this hoard for the payment of interest on the water works bonds, and for a sinking fund to pay such bonds. §399; (3.) tin? handling of part of the school tax to meet interest and principal of school bonds. § 400. A Board of Estimates is created. Title XlIT, p. 123: and each of the departments of the city government is required to submit its estimates for the ensuing year on or before the first Tuesday in April, and the Board of Education on or before the fourth Monday of August. § 411. The P)Oard of Education act has been rewritten and made a part of the Charter. Title XIV., page 125. The board is reduced to nine members, elected, three from each of three districts, § 420, at the spring election, § 421. The boarfl may choose a business manager; § 433; the secre- tary shall not lie a member. § 427; all claims go through the coniptroller's ofiice aud are paid by the city treasurer. § 432. The Board of Library Commissioners (created two years ago), Title XV, p. 130. is also given control of the Museum and Art Gallery. § 443; the meml)crs are to be elected at the spring election, § 445 ; it can take gifts and bequests. § 451; and is given two-fifths of a mill tax per an- mnn, for the support of the library. Many of the Miscellaneous provisions found in the old Charier under that head, have been transferred to their proper position in the body of the charter. Temporary transfers from one special fund to another may be made ))y a five-sixth vote of the Council, § 461 ; subd. 10. Notice of the place of injury and the character of the defect must be filed with the clerk within ten days where damages are sought against the city, occasioned by a defect in a sidewalk, etc. The Council or a commit- tee can require clannant to produ,cc his witnesses for examination, § 463. The committee have incorporated a general provision — prepared by the committee of the Board of Trade — inhibiting city officers, etc., from being interested in any contract with the city, § 476. The mayor, by and with the approval of two-thirds of the Council, may remove any member of any appointive board, § 477. The term "pavement" is defined. § 478. The Justice Court act is made Title XVIl., p. 139. The justices may, on motion, set aside judgments and verdicts, § 493; appeals are limited, § 494; the justices may make rules of practice and may punish for con- tempt, i5 497 ; the clerk may appoint a deputy. § 507. The chief change in the Police Court act. Title XVIII., 14 — relates to the selection of assistant police magistrates. Both justices are made as- sistants and the Council may "temporarily" elect a police judge in case of vacancy. The dock line chapter is made Title XIX.. and has been rewritten in accordance with the suggestions of the Board of Public Works and recent developments along the river. The new system of numbering the sections of the Charter consecutively will be noted. An attempt has been made to properly articulate the parts of the Charter. It will be founcf that the proposed Charter is a decided im- provement over the old in the matter of logical arrangement of sections. The committee does not flatter itself that its work approximates per- fection. In fact, none can realize the imperfections of this work more fully than the committee. It submits the results of its labors, however, believing that the proposed Charter is in most respects a decided improvement over the old. A plan was presented by the Board of Trade committee for selling property upon which city taxes were delinquent under a decree in chancery following the practice in general tax sales. But the proposition was not rccei\cd until after a considerable portion of the Charter was in type, and the connniltee was therefore unable to incorporate it in this report. Elvin Swarthout, Joseph Renihan, Harry C. White, George P. Tilma, George W. Thompsox, Comiuitlcc on Charier Aiiicudwcnts. Moses Taggart, C'//.v .Ittorucy. April 17, 1905. INDEX TO TITLES. TITLE PAGE I. Incorporation. City and Ward Boundaries i II. Election and Appointment of Officers 5 III. Powers and Duties of the Council 14 IV. Franchises and Municipal Ownership 35 V. Powers and Duties of City Officers 41 VI. Street and Public Improvements 50 VII. r>oard of Assessors 68 VIII. Board of Public Works 81 IX. Board of Police and Fire Commissioners 94 X. Board of Health and Poor Commissioners 104 XI. Board of Park and Cemetery Commissioners 112 XII. Board of Sinking Fund Commissioners 119 XIII. Board of Estimates 123 XIV. Board of Education 125 XV. Board of Library Commissioners '. . 130 XVI. Miscellaneous 133 XVII. Justice Courts 139 XVIII. Police Court 147 XIX. Dock Lines 154 A Bill to Revise the Charter of the City of Grand Rapids. TITLE I. INCORPORATION— CITY AND WARD BOUNDARIES. (JKXEKAL COKl'ORATK POWERS. (Section i.) Paragraph i. THE PEOPLE OF THE STATE OF MICHIGAN ENACT, That the municipal corporation known as "The City of Grand Rapids," shall be and continue to be a municipal corporation by the name of "The City of Grand Rapids," and by that name may sue, implead and complain in any court of record, and in any other place whatsoever, but it shall be sued, or complained of only in the Superior Court of Grand Rapids; it may have a common seal and alter such seal at pleasure; it may take, hold, use, occupy, possess, purchase, lease, convey, encumber and dispose of any real, personal or mixed estate for the use or benefit of said municipal cor- poration as authorized under this act. DESCRll'TIOX OF TERRITORY. (Sec. 2.) Par. 2. The district of country in the County of Kent and State of Michigan hereinafter particularly described, is hereby constituted and declared to be a city by the name of Grand Rapids, and subject to the municipal government of said corporation; said district of said country being bounded as follows, to wit: Beginning at the northwest corner of section eighteen, town seven north, range eleven west; thence east along the north line of said section one mile to the northeast corner thereof; thence south along the east line of said section eighteen, one mile to the southeast corner thereof; thence east along the north line of section twenty, town seven north, range eleven west, one-half mile to the north quarter post of said section twenty; thence south along the north and south quarter line of said section twenty, to the south line of said section; thence east on the line between sections twenty and twenty-nine of said town seven north, range eleven west one-half mile to the northeast corner of said section twenty-nine; thence south two miles along the east line of said section twenty-nine and section thirty-two of town seven north, range eleven west to the south line of said town seven north, range eleven west; thence west along the said south line to the northeast corner of section five, town six north, range eleven west; thence south along the east line of said section five, town six north, range eleven west one mile to the southeast corner of said section; thence \ve§t along the south line of sections five and six of town six north, range eleven west, two miles to the west line of said town six north, range eleven west; thence south along the east line of section twelve, towai six north, range twelve west, one mile to the southeast corner of said section twelve; thence west along the south line of sections twelve and eleven, town six north, range twelve west, one and one- half miles to the west line of the east half of section eleven, town six north, range twelve west; thence north along the west line of the east half of said section eleven one mile to the south line of section two, town six north, range twelve west; thence west along the south line of said section two one-half mile to the southwest corner of section two. town six north, range twelve west; thence north along the west line of section two, town six north, range twelve west one mile to the south line of section thirty-five, town seven north, range twelve west; thence west along the south line of sections thirty-five and thirty-four produced, of town seven north, range twelve west forty-five hundredths miles, more or less to the center of Grand River; thence northeasterh^ along the center of said river to the west line of section thirty-five produced south; thence north on the west line produced south of said section thirty-five and the west lines of sections twenty-six, twenty-three and fourteen of town seven north, range twelve west, to the quarter post of said section fourteen; thence east along the east and west quarter line of said section fourteen one-half mile to the center of said section; thence north along the north and south quarter lines of said section fourteen one-half mile to the north quarter post of said section; thence east along the north boundar}' of said section fourteen and section thirteen, town seven north, range twelve west, to the northeast corner of said section thir- teen; thence north ten and fifty-six one-hundredths feet to the place of beginning; also so much of Grand River as is embraced within the ■boundaries above described. PORTIONS OF TOWNSHIPS EMBRACED. (Sec. 3). Par. 3. So much of the townships of Grand Rapids, Paris, Wyoming and Walker in said county of Kent, as are embraced within the aforesaid boundaries, are hereby set off from said towns and are reorganized into the said City of Grand Rapids. WARD BOUNDARIES. (Sec. 4..) Par. 4. The said City of Grand Rapids shall be divided into twelve wards, as follows: '■ First. All that part of said city lying south of the center line of Fulton street extending to the center of Grand River and west of the center line of South Division street and east of the center of Grand River, and north of the center line of Fifth avenue in said citj^ and of that line extended west to the center of Grand River, shall constitute the First Ward. Second. All that part of said city lying north of the center line ;Of Fulton street and of said center line of Fulton street extending to the center of Grand River and east of the center of said river and south of the center line of Lyon street and of said line extended ;to the center of said river and extended east to the city limits, as fixed •by this act, shall constitute the Second Ward. Third. All that part of the city lying south of the center line of Fulton street, and of that line extended east to the city limits as fixed by this act, and east of the center line of South Division street. and north of the center line of Wealthy avenue, and of that line ex- tended east to said citv limits, as fixed bv this act, shall constitute the Third Ward. Fourth. All that part of said city h'ing north of the center line of Lyon street and of said line extended to the center of Grand River and east to the citj' limits as fixed by this act, and south of the center line of Fairbanks street and of said line extended to the center of Grand River and easterly to the said city limits, and east of the center of Grand River, shall constitute the Fourth Ward. Fifth. All that part of said cit3' lying north of the center line of Fairbanks street and of said line extended to the center of Grand river and extended easter^y to the city limits as fixed by this act, and l3'ing east of the center of Grand river, and extended north to the north boundary of said citv, as fixed by this act, shall constitute the Fifth Ward. Sixth. All that portion of said city lying west of the center of Grand river and north of the center line of Seventh street, and of said line extended easterly to the center of Grand river, and extended westerly to the city limits, as fixed by this act, and extending north to the city limits, as fixed by this act, shall constitute the Sixth Ward. Seventh. All that part of said city lying west of the center of Grand river and south of the center line of Seventh street extended easterly to the center of Grand river and westerly to the cit}^ limits, as fixed by this act. and north of the center line of West Bridge street and of said last line extended easterly to the center of Grand river and westerly to the city limits, as fixed by this act, shall constitute the Seventh Ward. Eighth. All that part of the city lying west of the center of Grand River and south of the center line of West Bridge street extended easterly to the center of Grand river and westerly to the city limits, as fixed by this act, and north of the center line of Shawmut avenue extended easterly to the center of Grand River and westerly to the city limits, as fixed b>^ this act, shall constitute the Eighth Ward. Ninth. All that part of said city lying south of the center line of Shawmut avenue extended easterly to the center of Grand river and westerly to the cit}^ limits as fixed by this act, and west of the center of Grand river to the west citj' limits, as fixed by this act, shall con- stitute the Ninth Ward. Tenth. All that part of said city lying south of the center line of Wealthy avenue and of that line extended easterly to the city limits as fixed by this act, and east 'of the center line of South Divi- sion street, and north of the center line of Fifth avenue and of such last named line exended easterh' to the city limits, shall constitute the Tenth Ward. Eleventh. All that part of said city lying south of the center line of Fifth avenue and of that line extended easterly to the city limits, as fixed by this act. and east of the center line of South Division street, and of that line extended south to the cit}- limits as fixed by this act, shall constitute the Eleventh Ward. Twelfth. All that part of the city lying south of the center line of Fifth avenue and of that line extended westerly to the center of Grand river, and west of the center line of South Division street and of that line extended south to the city limits as fixed by this act, and east of the center of Grand river, shall constitute the Twelfth Ward. 3 KACH WARD AN ELECTION DISTRICT. (Sec. 5.) Par. 5. l£ach Ward .shall be an election district by it,se]f, but it shall be lawful for the Common Council during the month next preceding the notice of a general registration to divide the sev- eral wards of the city, or any part of them, into convenient election precincts for the purpose of holding general and special elections, and in case any ward or wards shall be divided, the provisions of the general laws of this State and of this act relating to elections other than in towns, shall be applicable, except as herein otherwise pro- vided. TITLE II. ELECTION AND APPOINTMENT OF OFFICERS. OFFICERS OF CITY (AND QCALIFIC \TIONS REQUIRED OF.) (Sec. lo.) Par. i. Tlie officers of said city shall be a Mayor, City Attornej', Treasurer, Comptroller, Clerk and Marshal and two Aldermen from each ward. All of the Aldermen of the city shall be ex-officio full members of the Board of Supervisors of Kent County. No person shall be eligible to any of said offices unless he shall be an elector and resident of said city, nor shall he be eligible to any office for an}' Ward unless he shall then be an elector and resident of said ward, and when any officers hereinbefore mentioned shall cease to reside in said city or ward, his office shall thereby become vacant; Provided, That it shall not be competent for any city officer to hold two offices at one time, the salary or compensation for which is paid by the city government or any department thereof. But this provi- sion shall not be construed to prevent an Alderman from receiving, compensation for services on the Board of Registration or the Board of Inspectors of election, or compensation for services performed on the Board of Supervisors, or for the duties of a Supervisor performed by him, for which he shall be paid the same as other Supervisors and in the same manner. ELEfTIOXS— TIME, PLACE AM> NOTICE OF. (Sec. II.) Par. 2. An election shall be held in each ward annu- ally on the first Monda}' in April, at such place, or places, if there be more than one voting precinct in any ward, as the Common Council shall appoint, and a notice thereof published at least five days previous to the election, in two newspapers printed and circu- lated in said city and by posting printed notices of the holding of said election in at least three of the most public places in each ward or precinct, at least five days previous to said election. ALDERMEN— TERM OF OFFICE. (Sec. 12.) Par. 3. There shall be two Aldermen elected in each of the wards of the city bj^ the electors in such wards. Such Alder- men shall be electors of the wards wherein they shall be elected and actual residents thereof; they shall be elected and hold their res- pecti^•e offices for two years from the first Monday in May of the year in .which they are elected and until their successors are elected and qualified, and their election shall occur at the annual municipal elections held in the city except as hereinafter provided. All city officers and all Aldermen of the several wards in office at the time of the passage of this act shall hold and continue therein until the expiration of their respective terms of office. ELECTION OF ALDERMEN AND CONSTABLES. (Sec. 13.) Par. 4. At the first annual municipal election after the passage of this act, there shall be elected one Alderman in each ward by the electors thereof, to hold their respective office for the term of two years from the first Monday in May after their election and until their successors shall be elected and qualified. At the sec- ond annual municipal election after the passage of this act there shall be elected one alderman in each of said wards to hold their respective offices for a period of two years from the first Monday in May after their election and until their successors shall be elected and qualified; and thereafter at each annual municipal election there shall be elected in each of said wards an Alderman for a period of two years and until their successors are elected and qualified. In each ward the Alderman whose term of office shall first expire shall be designated as the senior Alderman of the ward. The senior Alderman shall possess all the powers and be subject to all the duties imposed upon individual Supervisors by this charter or the general statutes of the State of Michigan not otherwise delegated or imposed. At said first annual election and annually thereafter, there shall be elected in each ward one Constable who shall hold his office for the term of one year and until his successor is elected and qualified. ELECTION OF CITY OFFICIALS, ETC.— WHO ELIGIBLE. (Sec. 14.) Par. 5. At the first annual election after the passage of this act and every two years thereafter, there shall be elected by the electors of the whole city, one Mayor, one City Attorney, one Clerk of the Superior Court and one Clerk of the Police Court, each of whom shall hold his office for the term of two years from and in- cluding the first Monday of Alay thereafter and until his successor is elected and qualified. At the second annual election after the passage of this act and every two years thereafter, there shall be elected by the electors of the whole city, one Treasurer, one Clerk, one Comptroller, one Marhsal and one Clerk of the Justice Courts, each of whom shall hold his office for the term of two years after the first Monday of May thereafter and until his successor is elected and qualified: Provided, That no person shall be elected or appointed to any office created by this act who shall, after June 6, IQOI, have become a defaulter to said city or to the State of jNIichigan or to any county, city or village therein, or who shall use public funds under his control contrary to law, and any person shall be considered a defaulter who shall refuse for sixty days after demand made to account for and pay over to the officer, board or body authorized to receive the same, any public mone)^ which has come into his pos- session. APPOINTMENT OF MEMBERS OF BO.ARDS AND BUILDING INSPECTOR. (Sec. 15.) Par. 6. The ]\Iayor shall, on the first Monday in May after the passage of this act, or within a reasonable time thereafter, and on the first Monday in May of every succeeding year, or within a reasonable time thereafter, appoint all members of the different boards provided for in this act in the manner and for the time here- inafter set forth. He may on the first Monday in May, 190S, or within a reasonable time thereafter, and on the first Monday in May in every second succeeding year, or within a reasonable time thereafter, nominate a Building Inspector, to be confirmed by the Common Council, who shall hold his office for the term of two years and until his suc- cessor is appointed and has qualified, whose duties and powers shall be prescribed by the Common Council. 6 ELECTION OF HIGHWAY COMMISSIONERS. (Sec. i6.) Par. 7. The Aldermen elect of the Common Council on the' first Monday in May after the passage of this act, or within a reasonable time thereafter, and on the first Monday in May in every second succeeding year, or within a reasonable time thereafter, shall elect three Highway Commissioners, whose terms of office shall be two years, and until their successors are elected and qualified, and whose duties and salaries shall be prescribed by the Common Council. VACANCIES. (Sec. 17.) Par. 8. Whenever a vacancy shall occur in any ap- pointive office under the provisions of this act, or in any office elec- tive by the Aldermen of the Common Council under such provi- sions, the same shall be filled in the manner hereinafter provided. WHEN OFFICES MAY BE DEEMED VACANT, AND HOW FILLED. (Sec. 18.) Par. 9. An office shall be deemed vacant upon the death or resignation of the incumbent or upon such incumbent ceasing to possess the qualifications of an elector of the ward or city, or upon impeachment or removal from office, or upon the failure of an officer elected to qualify. The office of Mayor, City Attorney, City Treasurer, Comptroller, Clerk and Marshal shall be deemed vacant wheu'^ver the incumbent thereof shall be impeached or removed as in this charter provided, or shall be absent from the city for a period of sixty daj's without leave of the Common Council, or shall not perform the duties of his office for a like period without such leave. The office of Alderman shall be deemed vacant whenever the incum- bent thereof shall cease to be a resident of the ward in which he resides, or fails to attend three consecutive regular meetings of the Common Council, unless absent upon leave of the Common Council first obtained, or shall be removed from office; but a change of the boundaries of any ward shall not be deemed a change of residence of any Alderman so as to create or cause any vacancy in such office. A vacancy in any office caused by the failure of any person elected to quality therefor as prescribed in this charter, or made consequent upon the judgment of any court or upon any failure to elect or qualify in any of the cases specified in this charter, must be filled in the following manner, unless otherwise specially provided in this act: (a) In the office of Alderman, by an election of the Common Council to continue until the appointee's successor shall be elected and qualified. (b) In any of the general elective offices of the city, by an election by the Common Council until the successor of such officer whose office has become vacant, shall have been elected at the next general municipal election and qualified. (c) In all appointive offices by the appointment of the Mayor for the unexpired term of office which has become vacant, subject to con- firmation by the council in those cases where confirmation is required of the original appointment. RE3IOVAL FROM OFFICE. (Sec. 19.) Par. 10. Any elective or appointive officer of the city, except Judges or Justices of the Peace, may be removed by the Com- mon Council for official misconduct, or for unfaithful or improper per- formance of the duties of his office, or because such officer is ineligible to hold the officf for which lie was elected or appointed. The steps taken in that behalf shall be entered in the records of its proceed- ings: Provided, That a copy of the charges against such officer sought to be removed, and notice of the time and place of hearing the same, shall be served on him at least ten days previous to the time so assigned, and opportunity given him to make his defense thereto. If personal service cannot be had upon such officer, a copy of such charges and notice aforesaid shall be left at his last place of residence vvithin the city with some suitable person of proper age. An affirma- tive vote of two-thirds of all the Aldermen-elect shall be necessary to remove such officer. Judges and Justices of the Peace of the city shall be removed for such cause and in the manner provided for by the statutes of the State. Ol*KNIN<; AND C'M>SIN(; OF POLLS. (Sec. 20.) Par. 11. On the day <»f municipal election held by vir- tue of this act the polls shall be open in each of the respective pre- cincts of each of the wards of said city at the several places desig- nated by the Common Council at seven o'clock in the forenoon, or as soon thereafter as may be, and shall be continued open until five o'clock in the afternoon of the same day and no longer: Provided, That voting machines may be used in any ward or precinct if so ordered by the Common Council, and if used then the polls therein shall be kept open until eight o'clock in the afternoon. WHO AKK Ql'AI.II-IEl) TO VOTK. (Sec. 21.) Par. 12. All persons who are electors under the con- stitution 'of the State of Michigan, are made electors under this act and qualified to vote at all elections held by virtue thereof, and they shall be subject to the same challenge and required to take the same oath as may be provided by the laws of the State; and for any viola- tion thereof shall be subject to the same pains and penalties as are prescribed by the State law. ItO.VUns OF ELECTION INSPECTORS. (Sec. 22.) Par. 13. The Aldermen residing in each ward of the city and as many as necessary of the electors of such ward as the Common Council shall appoint, shall constitute a board or boards of inspectors of election of such ward. Each board of election inspectors shall consist of four members: Provided, That in any ward or pre- cinct where voting machines shall be used, not more than three mem- bers shall be chosen. Each voting precinct in a ward shall have a board of inspectors of election therein. The Common Council shall have power to designate the number of electors which shall consti- tute a voting precinct, which voting precincts shall be as nearly uni- form in numljer of electors as possible. No person shall be a member of a board of inspectors of election of the ward in which he resides, nor shall any candidate for election so serve; and each member of such boards before entering upon its duties shall take and subscribe the constitutional oath of office. The members of each of such boards after the appointment of its chairman, shall appoint two competent persons, electors of the ward, as clerks of election who shall take the prescribed constitutional oath of office before entering upon their duties, to be administered by any person authorized to administer oaths or by the chairman of the board of which they are clerks. IJOAKDS OK KE(;i8TKATION'. (Sec. 23.) Par. 14. There shall he a board of registration for each voting precinct in the city consisting of two members, which the Common Council shall appoint and whose duties shall be such as are now provided, or as may hereafter be provided by the statutes of the State governing such boards in cities, and each member of such board of registration, before entering upon the duties of the office, shall take and subscribe the constitutional oath of office. WHEN BO.\UI>S OF INSI'KCTOKf^ AND KEesignated ON B.4LLOT. (Sec. 30.) Par. 21. Tf at an}- election to be held in said city there shall be one or more vacancies to be filled in any office, and at the same time any person is to be elected for the full term of said office, the term for which each person is voted for for the said office shall be designated on the ballot. COl NTIN<; OF B.4LLOTS BY INSPECTORS — ST.\TEMENT OF VOTES. (Sec. 31.) Par. 22. Immediately after the closing of the polls the inspectors of election shall forthwith, without adjournment, publicly canvass the votes received by them and declare the result, and shall on the same or ne.xt day make a certificate stating the number of votes cast for each person for each office, and shall file such state- 10 ment and certificate on the day of election, or on tlie next daj' with the Clerk of the city. DUTIES OF INSl'KCTOKS OF ELECTION. (Sec. 32.) Par. 23. It shall be the duty of the inspectors of elec- tion on receiving the ballot of an elector to cause the same, without being opened or inspected, to be deposited in its proper box provided bj' the Common Council for that purpose. The board of inspectors of election shall cause the name of each elector voting at any such election to be written down on poll lists to be kept by the clerks of election under the supervision of said board. The votes cast at such election shall be canvassed in the same manner as provided by the general laws of the State in force at the time such election shall be held. WHO I)EE3IE1) EI.ECTEO. (Sec. ,i3.) Par. 24. The person having the greatest number of votes for any office in said city or ward shall be deemed to have been duly elected to such office, and if any officer shall not have been chosen by reason of two or more candidates having received an equal number of votes, the Common Council shall by ballot elect such officer from the candidates. CANVASS OF VOTES BV COUNCIL— COM.MENCE3IENT OF TER:>IS OF OFFICE. (Sec. 34.) Par. 25. The Common Council shall convene on the Thursday next succeeding sucli election at ^even-thirty o'clock -P. M. at their usual place of meeting, and ihe statement of votes filed with the Clerk of the city by the inspectors of election shall be produced b}' such Clerk, and the Common Council shall forthwith determine and certify in the manner provided by law what persons are duly elected at said election to the several offices, respectively. .Such cer- tificates shall, be made in duplicate, one of which shall be filed with the Clerk of the citj' and the other with the Clerk of the County of Kent. All officers of the city, elected or appointed, shall enter upon the duties of their respective offices on the first Monday in May next following such election, unless otherwise provided. NOTIFICATION OF OFFICERS ELECTEO— O-Vfll OF OFFICE. (Sec. 35.) Par. 26. It shall be the duty of the Clerk of said city as soon as practicable, and within five days after the meeting of the Common Council as provided for in the preceding section, to notify the officers respectively of their election: and the said officers so elected and notified as aforesaid, shall within ten days after the date of such notice take the constitutional oath of office, and file the same with the Clerk of the city, together with any bond which they may be recjuired by law to execute and file as such officers. SPECIAL ELECTIONS. (Sec. 36.) Par. 27. Whenever a special election is to be held, the Common Council shall cause to be delivered to the inspectors of elec- tion in the wards or precincts in which such officers are chosen, a notice signed b^' them specifying the officer to be chosen, and the day and place at which such election is to be held. All the proceedings at such election shall be the same as at the general municipal elections. ACtKl'TANCK OF OFl'IC'K. (Sec. ^7.) Par. 28. livery person elected or appointed to a city office, and every person appointed or nominated by the Mayor, and confirmed by the Aldermen elect of the Common Council, and every person elected by the Aldermen elect, before entering upon the duties of his office, and within five days after being notified of his appoint- ment or election, shall cause to be filed in the office of the City Clerk, a notice in writing, signifying his acceptance of such office. IN CASK At'CKI'TANCK, 0.\TH, KTC, AKK NOT IILKO. (Sec. 38). Par. 29. If any person elected or appointed under this act shall not take and subscribe the oath of office required therein, and file the same as directed, or shall not cause a notice of acceptance to be filed as therein directed, and if required, shall fail to execute and file an official bond as therein required, the same shall be deemed to be a refusal to ser\e, unless before any steps are taken to fill any such offi.ce by another mcumbent. such oath of office and acceptance are filed and such bond executed and filed as may be required. CITY CLKKK TO NOTIFY COI'NCIL OF FILING OF OK FAILURE TO FILK ACCEI'TANCK, OATH, ETC. (Sec. 39.) Par. 30. At the expiration of twenty days after the election or appointment of^ any officer in said city, the City Clerk shall deliver to the Common Louncil a list of all the persons elected or appointed to office, and of the offices to which they are chosen, speci- fying sui. h as have filed with him the oath of office or notice of accept- ance required by this act, together with the bond, if any such bond is required by this act, and also those who shall have omitted to file the same within the time prescribed herein. KESKiN.ATIONS OF OFFICEUiS. (Sec. 40.) Par. 31. Resignations of any officer elected by the Common Council, or at a municipal election, shall be made to the Council and subject to its approval and acceptance; resignations of officers appointed by the Mayor with or withdiit confirmation by the Council, shall be made to him and when accepted by him, shall be filed with the City Clerk. RESIDENCE OF VOTER?*. (Sec. 41.) Par. ^,2. At all elections every voter shall vote in the ward or precinct wherein he shall have resided twenty days next pre- ceding the day of election at which he casts his vote. The residence of an elector under this act shall be the ward and precinct where he boards or takes his regular meals. VACANCY ON HOARD OF ELECTION INSPECTORS. (Sec. 42). Par. ?,t,. \\ any election held under this act, if, from any cause, any of the inspectors of election shall fail to attend at any such election at the appointed time and place, his or their places may be supplied for the time being by the electors present who shall elect inspectors from their number viva voce, who, when so elected, shall take the oath prescribed for inspectors. PAY lOK KKN ANO KLKCTIOX BOARDS— KI.KCTION KXPKXSES. (Sec. 43.) Par. ,34. Tlie several members of the boards of regis- tration of said city and of inspectors of election therein shall receive for their services in that regard the snm of three dollars per day. For snch work eight hours shall constitute a day's work. The expenses of any election to be held as provided in this act- shall be city charges and defrayed in the same manner as other contingent expenses of t!ie city. 01 I ICKKS TO HOI.n OVKK IX CASK OF SK (KSSOK 1 AII.IXC; TO Ql'.AiaFY. TKKM OK Ol-FU'E I'OK I'EKSOX FII>LIX(J VAC.AXCV. (Sec. 44.) Par. 35.^ Any person elected or appointed to any office, at the expiration of the term thereof, shall continue to hold the same until his successor shall be elected or appointed and qualified; and when a person is elected at a regular or special election to fill a vacancy in any elective office, he shall hold the same only during the unexpired portion of the term of said office and until his successor shall be elected and qualified. KE<;iSTK.4TIOX. (Sec. 45.) Par. 36. There shall be a general re-registration of the electors of the City of Grand Rapids in the year nineteen hundred and eight, in time for the general fall election of that year. There shall also be a general re-registration of the electors of said city every four years thereafter. The re-registration provided for in this section shall be conducted in accordance with the provisions of the registra- tion laws of the State in force at the time that such re-registration shall take place. n.ATE OF MUXICIPAE ELECTIONS. (Sec. 46.) Par. 2i7- The first regular municipal election held in the city after the passage of this act shall be on the first Monday of .\pri], nineteen hundred and six, and the same shall be held in the manner provided for by this act. A municipal election shall be held in .said city on the first Monday of April in every year thereafter. TITLE TIL POWERS AND DUTIES OF THE COMMON COUNCIL. MEETING OF COUNCIL — HOW ANIJ WHEN SPECIAL MEETINGS MAY BE CALLED. (Sec. 51). Par. i. The Mayor and Aldermen of said city shall constitute the Common Council; they shall meet at such times and places as they shall from time to time appoint, and on special occa- sions, whenever the Mayor or person officiating as Mayor (in case of vacancy in the office of Mayor or of his absence from the city or in- ability to officiate), shall by written notice appoint, which said notice shall be served on the members of said Common Council by the Mar- shal of said city personally, or bj' leaving the same at the residence of said members at least eight hours before the hour of said meeting, which said notice shall specify the day, hour and place of meeting: Provided,' That any ten members of the Common Council may call a special meeting thereof by filing a written request signed by them with the City Clerk, notice thereof to be given in the manner above pre- scribed. PRESIDENT OF COUNCIL. (Sec. 5-2.) Par. 2. The Ciimmon Conitcil shall on the first Mon- day in May in each year, or within ten days thereafter, elect by.balloj;/ one of their number, who shall be known as president of the council, and who shall have the same powers and discharge the duties of the Mayor, in the absence from the city, inability, death, resignation or removal of the Mayor. The Mayor, when present, shall preside at the meetings pf the Common Council, and in his absence the president of the Council shall preside, but if both the Mayor and president of the Co^uncil be absent, then the Cemnion Council shall appoint one of their number to preside. ACTIONS OF COUNCIL— WHEN TO TAKE EFFECT— MAYOR'S VETO- CLERK'S DUTIES RESPECTING SAME. (Sec. 53.) Par. 3. No ordinance, vote, motion or resolution passed by the Common Council shall have any force or effect if within twenty-four hours after its passage the Mayor, or other officer legally discharging the duties of Mayor, shall file in the office of the City Clerk, his reasons in writing why the same should not go into effect, and the same shall not go into effect or have any legal operation unless it shall at a subsequent meeting of the Common Council within 30 days after the filing of such reasons for disapproval be passed by the affirmative vote of two-thirds of the Aldermen-elect of said city, and if so repassed the same shall go into effect according to the terms thereof; and no ordinance, vote, motion or resolution of the Common Council shall go into operation until the expiration of twenty- four hours after its passage, unless the Mayor, or other officer legally discharging the duties of Mayor, shall sooner announce his approval, in writing, to be filed with the City Clerk. When an ordinance appropriating money contains several items, and when an ordinance embraces more than one distinct subject, the Mayor may approve the provisions relating to one or more items or one or more subjects, and disapprove the others. In such cases those items or subjects which lie shall approve, shall become operative, and those wdiich he shall not approve shall be reconsidered by the Common Council and shall only become operative if again passed by it as above provided. Whenever the ]\Iayor. or other officer so acting, shall as in this section provided, file in the office of the City Clerk his written reasons why any ordinance, vote, motion or resolution passed by the Common Council should not go into effect, the City Clerk shall endorse thereon a memorandum of the day and hour of the receipt thereof. Such written reasons shall be printed and published in the next issue of an official newspaper of said city, and shall be a public record open at all times to public inspection. It shall be the duty of the Citj- Clerk to communicate to the Common Council at its next meeting any paper that may be filed with him pursuant to the preceding section. WHO ENTITI^ED TO VOTE. (Sec. 54.) Par. 4. In the proceedings of the Common Council each member present shall have one vote, except the ]\Iayor. who shall only have a casting vote when the votes of the other members are equally divided, but the president of the council shall vote only as a member of said council, and shall not have a casting vote. CT.EKK'S MINUTES OF COUXCIT.. (Sec. 55.) Par. 5. The sittings of the Common Council shall be public. The minutes of the proceedings shall be kept by the Clerk and the same shall be open at -all times to public inspection. WHICH RESOLUTIONS, ETC., TO BE ENTERED AT I..\RGE IN ailNUTES. (Sec. 56.) Par. 6. Whenever required by two members of the Common Council the votes of all the members present in relation to any act, proceeding or proposition had at any meeting thereof shall be entered at large on the minutes. And such votes shall be entered in relation to the adoption of any resolution or ordinance, report of any committee, or other act for taxing or assessing the citizens of said city, or involving the appropriation or expenditure of public moneys. QUORITM OF COUNCII.— RESTRICTION AS TO VOTING ON FRANCHISE GRANTS, ETC. (Sec.^ 57.) Par. 7. A majority of the Common Council shall be a quorum for the transaction of business, and no tax or assessment shall be ordered, or any vote taken or resolution passed, the carrying out of which involves the expenditure of money, the ordering of a tax or assessment, except by an affirmative vote of a majority of all the members elect of the Common Council as decided by a yea and nay vote. The final passage of any ordinance imposing a penalty or the granting of a license shall require the affirmative vote of a majority of all the Aldermen-elect of the Common Council as decided by a yea and nay vote. Provided, That no ordinance, or franchise grant, whether an ori- ginal grant, extension or amendment thereto, and no contract involv- ing the expenditure of more than ten thousand dollars, except con- tracts for street improvements, shall go into efifect for thirty days after 15 its passage bj' the Common Council and approval by the Mayor or re-passag-e over his veto, and if within that period electors to the number of fifteen per cent, of the votes cast at the last preceding regular city election petition for the submission of such ordinance, franchise grant or contract to the vote of the people, then such pro- posed measure shall not go into effect unless submitted to the popular vote at a regular or special election and approved by a majority of the electors voting thereon. CONTRACTS— ME.^IBEKS OF COlNCII> NOT TO BE INTERESTED IN. (Sec. 58.) Par. 8. No member of the Common Council shall be directly or indirectly interested in any contract as principal, surety or otherwise, or sale or purchase, the expense or consideration whereof is to be paid under any resolution or ordinance of the Common Council or under any of the provisions of this act. This section shall not preclude members of the Common Council from holding officer not inconsistent with the provisions of this act. POWERS OF THE COMMON COUNCIL. <;()\KRNMi:XT.\L .\N1) LKGISL.\'n\'l-: I'OWKRS. (Sec. 59.) Par. 9. The Common Council shall have and exer- cise exclusively all legislative powers and authority of the city of Grand Rapids, and no legislative powers or authority express or im- plied shall be exercised by any other person or persons, board or boards, other than the Common Council, and all legislative powers conferred upon the city by this charter and the constitution and laws of the State of Alichigan shall be exercised by the Common Council: Provided, That this act shall not interfere with the exercise of the powers and duties conferred upon the Board of Education of the City of Grand Rapids. SIB.JECTS FOB LEGISLATION. (i) Subject to the limitations and provisions in this charter con- tained the Common Council may make, continue, establish, modify, amend and repeal such ordinances, by-laws and regulations as it deems desirable, with proper penalties, within the said- city, and shall have power to legislate for the following purposes: OFFICERS— DUTIES OF— BONDS, ETC. — COMMON COUNCIL TO BE JUDGE OF OWN MEMBERS, ETC. (2) To prescribe the duties of all officers appointed or elected by it, their compensation, the penalty or penalties for failing to perform such duties, the bonds and sureties to be given by the officers of said city for the discharge of their duties and the time for executing the same in cases not otherwise provided for by law. The Common Council shall be the judge of the election and quali- fication of its own members and to decide upon and determine con- tested elections of members thereof; to compel the attendance of absent members; to determine the rules of its proceedings and to pass all by-laws and rules necessary and convenient for the transaction of business, not inconsistent with the provisions of this act. OFFICERS, ELECTION OF, ETC. (3) To provide for and regulate the election and appointment of all officers and for their removal from office, and the filling of vacan- cies. 16 FEES, ETC. (4) To authorize and regulate the demand and receipt by officers of fees and costs in such cases as the Common Council may deem desirable. APl'ROrRIATE MOXEY, ETC. (5) To appropriate money and provide for the payment of the debt and expenses of said city, and make regulations concerning the same. PKIXTIXG AND PUBI^ISHING. (6) To provide for printing and publishing all matters required to be printed and published under the provisions of this act or by order of the Common Council in such manner as said Council may pre- scribe. r.\RKS AXD PUBWC BUILDINGS. (7) To provide for public parks, public grounds and squares, and the improvement of the same. To erect and maintain all needful build- ings and offices for the use of the corporation or of its officers, in- cluding building or buildings for police purposes, public baths, assem-, bly or concert halls and the like, and control and regulate the same. PIRCHASE AND SALE OF REAL, ESTATE, ETC.— >L4INTENANCE OF JAILS, WORK HOUSES, ETC. (8) The Common Council shall have power by vote of two-thirds of all the Aldermen elect to purchase and sell real estate for the use of the city. It shall also have power to purchase, hold and use suit- able grounds within or without the corporate liinits of the city and maintain thereon suitable jails, penitentiaries, houses of correction, work houses for the confinement of ofifenders, alms houses and homes for orphans or destitute children, and may provide for the government of the same and all persons confined therein. CONTR.ACTS— TERM OF. (9) To provide for entering into contracts by the city for a period of not exceeding three years including contracts for depositing city funds, except as in this charter otherwise provided. FIN.\NCE AND REX'ENUE POWER.S. T.\X FOR SEWERS. (10) To assess, levy and collect an annual assessment or tax upon the real and personal property of the city for the purposes of cleans- ing and 'keeping in repair the public sewers of said city. LEA-Y AXD COLLECTION OF TAXES. (11) To assess, levj^ and collect taxes for the purposes of the corporation upon all property made taxable by law for state or city purposes, which taxes shall be a lien upon the property taxed until paid, and provide means for carrying into effect the powers herein conferred; to make regulations for the assessing, levying and collect- ing of such taxes subject to the State law^ and to sell the property taxed to pay the taxes thereon. 17 powKRS kp:lati\"k to public health, welfare and safety. ABATEMENT OF NUISANCES. (12) To abate or remove all nuisances of every kind and compel the abatement and removal of the same; to order and compel the owner or occupant of any grocery, tallow chandler's shop, butcher's stall or shop, soap factory, tannery, stable, barn, stall,, business of hides and pelts, livery stable, privy, water closet, hog pen, sewer or other nauseous or unwholesome house or place, to cleanse, remove or abate the same from time to time, and as often as the Common Council may deem necessary. To direct the location of all slaughter houses, ren- dering places, markets and market places, business of hides and pelts and livery stables. To prohibit any person from bringing or deposit- ing any dead carcass or other unwholesome or nauseous substance within the limits of the city. If any person or persons shall have on any premises owned or occupied by him, her or it, within such limits, any such substances, or any putrid meat,* fish, hides or skins of any kind which are unwholesome, nauseous or offensive, the Common Council may order or compel the removal thereof, and in case of the neglect or refusal of the owner or occupant of such premises to re- move and abate the same, to direct the removal, abatement or de- struction thereof by some proper officer of the city. The expense of , abating any such nuisance shall be a lien upon the land upon which it existed, and the amount of the same shall be placed in the nuisance roll hereinafter provided. Nothing in this act contained shall be con- strued to limit the powers of the city as set forth in act No. 120 of the Public Acts of 1903. PUBMC HEAiTH— BIRTHS, DEATHS, ETC.— SMOKE AND DUST NUISANCE. (13) To provide for the preservation of the general health of the inhabitants of said city, make regulations to secure the same, prevent the introduction or spreading of contagious or infectious diseases, and to prevent and suppress diseases generally. To regulate the burial cremation or transportation of the dead and compel the return of births and deaths to be made to its board of health, and the return of all burial permits to such board, and provide for a complete record of births and deaths and interments, to be kept in the office of its Board of Health, and in each and every other particular to compel compli- ance with the laws of the State of Alichigan in this regard and to com- pel the abatement of smoke and dust. CONSTRUCTION OF SEWERS, BRIDGES, ETC., IN PUBLIC STREETS— REGU- LATION OF S.^NITARY CONDITION OF PRIVATE PREMISES AND EXPENSE OF SA>IE. (14) To establish, construct, maintain, repair, enlarge and dis- continue within the highways, streets, avenues, lanes, alleys and public places in said city such bridges, culverts, sewers, drain and lateral drains and sewcs as the Common Council may decide to be neces- sary. To compel the owners and occupants of all lots, premises and subdivisions thereof within said city to construct private drains and sewers therefrom to connect with some public sewer or drain. To regulate house draining and ventilation: to direct and regulate the lo- cation, construction and alteration of all cellars, slips, barns, private drains, cess-pools, sinks, privies and water closets; to compel all owners or occupants of houses or premises to drain, cleanse, alter, relay or repair sinks, privies and water closets, and to compel owners or occupants of houses or premises having water closets attached thereto to use water from the mains of the city to properl}' cleanse 18 tlie same, and to compel the owners or occupants of houses or pre- mises to repair or renew all defective, broken or worn out plumbing, and to provide sufficient and proper ventilation and plumbing in and around their buildings and premises, or cause the same to be done by some proper person designated in the ordinance governing the same, and if done by the city, to assess the expense thereof on the lot, build- ing or" premises having such cellar, slip, barn, private drain, cess'pool, sink, privy or water closet thereon, or having the repairs, renewals or insufficiencies in the drainage, ventilation or plumbing made in the building or on the lot or premises, which assessment shall be a lien on the said lot, building and premises and appurtenances thereto until paid, the same to be collected in the manner and in accordance with the provisions of title VI. of this act for the assessment of the ex- pense of constructing and repairing sidewalks; to direct and regulate the construction of lateral sewers or drains for the purpose of drain- ing all lots, cellars, yards, low grounds and sinks within the city when- ever necessary: Provided, That if such lateral sewer or drain be laid or constructed through any of the streets, lanes, alleys, courts, avenues, public grounds or public places, adjoining or in front of the premises through which such sewer or drain shall be ordered constructed, the expense thereof shall be assessed on such lots and premises benefited thereby, which assessment shall be a lien upon such lots and pre- mises until paid, and shall be collecfed in the same manner as like assessments imposed by authority of ihe Common Council are col- lected. (;0\'F.RXMENTAL AND POLICE POWERS. PUBLIC PEACE — DISORDERLY HOUSES — SALE OF LIQUORS, RESTRICTION AS TO LOCATION, POOL AND BILLIARDS. (15) To prevent vice and immorality, to preserve public peace and good order; to prevent and quell riots, disturbances, disorderly assemblages and gaming houses; to destroy all instruments and de- vices used for gaming- to prohibit all fraudulent devices used in gam- ing and to regulate or restr&in billiard tables and bowling alleys; to restrain, license and regulate saloons or other places where intoxicat- " ing liquors or malt, brewed or fermented liquors are sold, or to be sold, given away, or otherwise disposed of, and to regulate and pre- scribe the location thereof. To create by ordinance such district or districts, within whivh, subject to the foregoing provisions and limita- tions, all bars, saloons and clubs where intoxicating liqudrs are dis- posed of, may be confined. SALOON LICENSE— SALE OF LIQUORS. (16) To forbid the vending or disposition of intoxicating liquors in violation of the laws of the State. No person shall engage in the business of selling intoxicating or spirituous liquors, or malt, brewed or fermented liquors as aforesaid (except druggists, who shall have complied with the state law), until he shall have first obtained a license therefor by the vote of two-thirds of all of the Aldermen elect of the Common Council: Provided, That no license shall be issued to any person for the selling of any such liquors as aforesaid until he shall have first paid the state tax for the sale of the same, and the Ifcense fee required to be paid by the city of Grand Rapids: And provided further. That the applicant for such a license shall first apply to the Board of Police and Fire Commissioners of the City of Grand Rapids, and be recommended by a majority of all of the members of said Board, entered upon the records of said board, for a license at the location for which application is made, before his application shall be considered and acted upon by the Common Council of said city. 19 CIRCUSES AXD OTHER PUBLIC PERFORMANCES. (17). To prohibit, restrain or regulate all sports, exhibition of natural or artificial curiosities, caravans of animals, theatrical exhibi- tions, circuses or other public performances. DRUNKAJRDS, BEGGARS, ETC. ( 18) To restrain drunkards, vagrants, mendicants and street beggars from soliciting alms and to punish them for so doing, and pro- vide for the punishment of all persons drunk or disorderly on the streets, or public places of said citj'. DOGS — GA3IE COCKS. (19) To regulate and prevent the running at large of dogs; to prevent dog fights in the streets; to prevent the fighting of game cocks in the city, and to provide for the destruction of dangerous and vicious dogs; to require the payment of a license fee by the owner or per- sons having possession of dogs, and for imposing a penalty upon sucli person or persons for refusing to pay such license fee. RIOTS ASD DISORDERLY ASSEMBLAGES. (20) To prohibit and prevent any riot, rout, disturbance or disorderly assemblage in the streets or elsewhere in the cit}', and to preserve quiet and order therein. IXD~ECENT EXPOSURE OF PERSOX— OBSCEXE PICTURES, ETC. (21) To prohibit or prevent in the streets or elsewhere in said city indecent exposure of the person, the show, sale or exhibition for sale of indecent or obscene pictures, posters, drawings, engravings, paintings and books, and all indecent or obscene exhibitions or shows of any kind. HOUSES OF ILL FAME— GA>IBLIX(i AXD SUPPRESSIOX OF LOTTERIES, ETC. (22) To prohibit and suppress the keeping of houses of ill-fame or assignation, or for the resort of common prostitutes, and disorderly houses of all kinds; to restrain and punish the keepers of all such houses and places as aforesaid; to punish common prostitutes and dis- orderly persons; to prohibit, prevent and suppress mock auctions, and every kind of fraudulent game, device or practice, and to punish all persons managing, using, practicing or attempting to manage, use or practice the same, and all persons aiding or abetting in the manage- ment, use or practice thereof. To prohibit, restrain or prevent per- sons from gaming for monej' or property with cards, dice, billiards, nine or ten pin alleys, tables, ball alleys, wheels of fortune, boxes, machines or other instruments or device whatsoever in any building or place in the cit}\ and to punish the persons keeping the building, instrument or means for such gaming, and to compel the destruction thereof. To prevent, prohibit and suppress all lotteries or rafifles for drawhig and disposing of money or other property or thing what- ever, and to punish all persons maintaining, directing or managing the same or aiding in the maintenance, direction (u- management thereof. LICEXSE OF DRAYMEX, HACKMEX, RUXXERS AXO VEHICLES FOR HIRE. (2;^,) To license and regulate draymen, cartmen, truckmen, port- ers, runners, drivers of cabs, hackney coaches, omnibuses, stages, car- riages, sleighs, automobiles, express vehicles and vehicles of every 20 description used and employed f<>r hire, and to fix and regulate the amount and rate of their compensation. To prescribe and designate the stands, places and locations in the city within which all such con- veyances and vehicles as aforesaid may stand, and to prescribe the stands, places and locations in which all wood, hay, straw, produce, goods, wares and merchandise of whatever nature, exposed for sale on the streets, alleys or public places of the city. LICENSE ArCTIOXEERS, PEDDLEKS, I'AWXBKOKEKS, I..A,BOK BUKEAUS, Bllil. POSTING, ETC. (24) To license and regulate auctions and auctioneers, hawkers, peddlers, pawn brokers, junk dealers, dealers in second hand goods and merchandise and transient tradesmen: to license and regulate em- ployment agencies and offices, intelligence oiifices, labor bureaus and all persons whose business it is to find employment for others for hire or reward, to require references and bonds to be given, by every per- son, company, corporation or association engaging in such business before the same shall be licensed; to license and regulate bill posting, the putting up of advertising signs or matter, and the distribution of such matter in the city. LICENSE HOTELS, SALOONS, RESTAURANTS, BUTCHERS, HUCKSTERS. (25) To license and regulate hotels and other public houses, saloons and victualing houses or places for the furnishing of meals or food. To license and regulate butchers, hucksters, shops, stalls, booths or stands, or other places in said city, for the sale of anv kind of meat, fish, poultry, vegetables, food or provisions. TAX AND REGULATE KEEPERS OF BILLIARD TABLES, ETC., NOT KEPT FOR PURPOSE OF GAMING. (26) To tax and regulate billiard or pool tables, bowling alleys not kept for the purpose of gaming. CARS (RUNNING OF) RE i:MrOSED— IN NON-PAYMENT OF ITNES, ETC. STREETS. OBSTRUCTION OF. (31) T(j prevent the cumbering of streets, highways, sidewalks, cross-walks, lanes, alleys, courts, public grounds or public places, bridges, viaducts, aqueducts, wharves or slips in any manner whatever. RIDING— DRIVING AND CARE OF VEHICLES AND HORSES. (32) To require any horse or other aillmal attached to any vehicle or standing in any of the streets, lanes, alleys, highways, courts, public places or public grounds of said city, to be securely fas- tened, watched or held, and to secure the proper driving of the same through such streets, lanes, alleys, courts, public grounds or places; to prevent horse racing or immoderate riding or driving in any such streets, lanes, alleys, courts, public grounds or public places either with horses, carriages, automobiles, bicj'cles or other vehicles; to authorize the stopping and detaining of any person violating any of the provi- sions of this subdivision, and to prfjvide for the punishment of any such person. SIDEWALK— OBSTRUCTIONS OF— SNOW, ETC. (^3) To compel all persons to keep sidewalks in front of pre- mises owned or occupied by them clear from dirt, wood or obstruc- tions, and every owner or occupant of any house or building and every owner or agent of any lot in the city of Grand Rapids, to keep said sidewalks free and clear from snow or ice, and not to permit such snow or ice to remain thereon. DISTURBING NOISES IN STREETS— RINGING OF BELLS— CRYING OF WARES. (34) To regulate the ringing of bells and the crying of goods and other commodities for sale at auction or otherwise, and prevent dis- turbing noises in the streets. ESTABLISHMENT OF LOT LINES— ADVERSE POSSESSION— VACATION OF. (35) To regulate and establish the line upon which buildings may be erected upon any street, lane or allej^ in said city, and to prevent such buildings or other encroachnients being erected nearer the street than said line, and to impose a fine upon any owner or builder vio- lating this provision, not to exceed five hundred dollars. Provided, That no person, persons, firm or corporation shall by reason of adverse possession, be entitled to an}^ street, lane, alley, public place, square or any part thereof by reason of any occupancy created or claimed by adverse possession made by virtue of said occupancy. Provided, further. That the Common Council shall not by virtue of this or any other subdivision of this charter possess power to give away the con- trol of any street, lane, alley, court, public square or place, or create any permanent use thereof for any other purpose than for street or public purposes, except by regular vacation proceedings. LIGHT IN STREETS AND PROTECTION OF APPARATUS. (36) To provide for and regulate the lighting of streets, high- ways, alleys, lanes, courts, public places and grounds and buildings in the citj\ by contract or otherwise, and provide for the protection of public lands and lighting apparatus placed thereon. DISPOSAL OF STREET REFUSE. is?) To sell or otherwise provide for the disposal of all dirt, filth, manure, cleanings, and all other substances lying in or gathered from the highways, streets, avenues, lanes, courts, alleys and public places and grounds of said city. STREETS— CLEANING OF— REGULATE AND LI31IT USE OF SIGNS, AWN- INGS—PREVENT INJURY TO CURBS, PAVEMENTS, TREES, ETC. (38) To provide for and regulate the cleaning of the highways, streets, avenues, lanes, alleys, courts, public places and grounds, cross- walk.s and sidewalks in the city; to prohibit, regulate and control the exhibition of signs on canvass or otherwise, in or upon any vehicle standing or moving upon the streets of the city; to control, prescribe and regulate the mode of constructing and suspending signs and awn- ings; to prescribe and regulate the manner in which the highways, streets .avenues, lanes, alle3's, courts, public grounds and public places within said city shall be used, and for the preservation thereof, and the prevention of injury to the curbs, gutters, pavements, sidewalks, trees, streets, lawns and parks therein. TO PREVENT AMUSEMENTS DANGEROUS TO LIFE AND i'ROPERTV— RE- MOVAL OF WALLS, FENCES, ETC. (39) To prohibit all practices, amusements and doings in said streets having a tendency to frighten teams and horses, dangerous to life or propert}\ and punish persons indulging therein; to remove or cause to be removed therefrom, or from the premises adjacent there- to, all walls and structures liable to fall therein: and to provide for and regulate the erection and use of suitable hitching posts and blocks. STREETS. SURA'EY OF— ENCRO.\CH.MENTS — B.\RBED WIRE FENCES— FL.\NTING AND PRESERV.4TION OF SH.^DE TREES—PENALTIES. (40) To survey and establish the boundaries of the city, high- ways, streets, avenues, lanes, allej^s, courts, public parks, squares, public grounds and public places: to prohibit and remove all incum- brances and encroachments on the same by buildings, fences, or in any other manner; to prohibit the use of barbed wire or other danger- ous material for fences on street lines and to regulate its use in other places in said city; to number buildings, regulate the planting, pre- servation and removal of shade, ornamental or other trees in the public streets, avenues, courts, public grounds and public places, and the trimming and care thereof, and the trimming and care of trees adjoin- ing thereto, in such manner as not to interfere with public travel or obscure public lights thereon, and to require the same to be done at the expense of the owner of the premises adjoining the same, and if such owner shall refuse or neglect after reasonable notice so to do, to conform to such regulations, to cause the same to be carried out and enforced at the expense of the city, and assessed upon and to be- come a lien upon such adjoining premises until paid, and the same may be collected in the manner and in accordance with Title 5 of this act for the assessment of the expense of constructing and repair- ing sidewalks. STREETS — SPRINKLINCi OF— ALTERATION OF— APPROPRIATION OF PROP- ERTY FOK PUBLIC USES. (41) The Common Council may, bj' ordinance or otherwise, provide for the sprinkling of the public streets, highways, lanes, alleys and courts, the expense thereof to be paid from the high- way fund. It may provide for the punishment of all persons who shall encumber and encroach upon the same. The Common Council shall have full power to lay out, establish, open, extend, widen, straighten, alter, close, fill in. grade, vacate or abolish any street, high- way, lane, alley, court, public place or public ground in said city, or any sewer therein; to grade anj- such highway, street, lane, alley, court, public ground or public place whenever it shall deem it a necessary public improvement, and private property may be taken therefor in the manner provided in this act, or by the general laws of the state. EMINENT I>OM.\IN. (42) To appropriate private propertj- for public use in the city of Grand Rapids for streets, alleys, parks, boulevards, public buildings, bridges or brick approaches, docks, slips, basins, landings and ware- jhouses on Grand River, and for the improvement of water courses for sewers, drains, ditches, public hospitals, pest houses, quarantine grounds and public cemeteries. Such property may be acquired by the city of Grand Rapids either by purchase through the Common Council or condemnation for public use in the manner provided for by the general laws of the state relating to the taking of private property for public use in cities and villages. MISCKLLANEOUS. MARKETS— VENDORS OF MEATS, FRUITS, ETC., SAT.E OF MU^K— LICENSES lOR^PROVIDIXt; FOR INSPECTION AND FOR SEALER OF WEIGHTS AND MEASURES. (43) To establish and regulate the markets and market places of said city; to regulate the vending of hay, straw, fodder and other food of animals; to regulate the vending of meats, poultry, vegetables, fruit, fish, fiour, salt, milk and all other food or food products, and all kinds of groceries sold at wholesale or retail, in packages or otherwise, and to prescribe the time, manner and place for selling the same. To prohibit the sale of every kind of nauseous, unsound or unwholesome meat, poultry, vegetables, fruit, fish, flour, meal, salt, milk and all other food or food products, and all kinds of provisions sold by wholesale or retail; to punish all persons who shall sell the same or ofifer or keep the same for sale. To compel all persons selling milk or keeping the same for sale in said city, to procure a license therefor and to be prop- erly registered. To direct and regulate the inspecting and weighing of all meat, poultry, vegetables, fruit, fish, flour, meal, salt, milk and all food or food products, and all kinds of groceries and provisions sold at whoesale or retail in packages or otherwise. To direct and regulate the measuring, gauging or weighing of all groceries, food or food products, li(|uid or solid, sold by measure, at wholesale or retail in packages or otherwise. To regulate the weights and measures used in said city, and compel every merchant, retailer, trader and dealer in merchandise, groceries, provisions or articles of every description which are sold bj' measure or weight to use weights and measures to be sealed by the city sealer, and to be subject to his inspection and alteration, so as to be made conformable to the standard of weights and measures established by the general laws of the state. To direct and regulate the inspecting and measuring of wood, lumber, shingles, timber, posts, stone, heading and all building material, the inspecting, weighing and measuring of coke and all kinds of coal, and the inspect- ing of hay, straw, fodder and other food products for animals. To impose a reasonable license fee upon the persons engaged in any of the aforesaid lines of business: Provided, That nothing herein con- tained shall authorize the Common Council to restrain in any way or license the sale of fresh or wholesome meat by the quarter within the limits of said city; nor to prohibit anv farmer selling without a license the products of his own farm within said corporate limits, or any person from selling articles or products of his own growth or nianufacture. Nothing herein contained shall be construed to author- ize the inspection, weighing or gauging of any article or product which is to be shipped beyond the limits of this state, except at the request of the owner thereof, or of the agent having charge of the same. SEXTONS— UNDERTAKERS— SCAVENGERS, CHIMNEY SWEEPS— LAWS AND LICENSE FOR. (44) To pass all needful laws and regulations governing sextons and undertakers for burying the dead, and to regulate the business of scavengers and chimney sweeps and their compensation and the fees to be paid by them for licenses. PARKS, BOULEVARDS— DRIVEWAYS, ETC.— CO.>IMON COUNCIL POWER IN PURCHASING AND MAINTAINING; OF— TAKING OF PRI- ^'.\TE PROPERTY FOR SAJIE. (45) The Common Council shall have power by the concurrent votes of two-thirds of all the Aldermen elect to obtain by purchase, or gift, and to hold, improve and properly maintain real estate within 25 tlie limits of the city for park, driveway and boulevard purposes. It shall also have power to lay out, establish, improve and embellish, hold, control and maintain parks, driveways and boulevards without the corporate limits of the city whenever it shall be deemed by the Common Council, on the concurrent vote of two-thirds of all the Aldermen elect, that the same is a necessary public improvement for the benefit of the city, and private property may be taken therefor in the manner provided in this act, or by the general law^s of the State. ri RCH.4SE OF PROPERTY FOR OPEMXG AXD WIDENING OF STREETS, ETC., BY RESOLUTION OF COl NCIE— WHO TO BE ASSESSED DECI..ARING OF DISTRICT. (Sec. 60.) Par. 10. Whenever the Common Council shall de- termine bv resolution that the opening, extension, widening, altering, or straightening of any street, highway, lane, alley, court, public ground or public place, or the construction of any sewer in said city, is a necessary public improvement, or that the taking of lands for parks or for sites for any of its public buildings, or for docks or dock- age purposes, is a necessary public improvement, and that it is neces- sary to take private property therefor, it shall be lawful for said Com- mon Council to negotiate with the owner thereof for the purchase and conveyance of the same to the city, and to devote the same to the public use described in the resolution, and to no other purpose. In case any such negotiations shall result in the sale and conveyance of such private property to said city for the public use described in said resolution, it shall be lawful for the Common Council, if it believes that a portion of the real estate in said city adjacent to or in the vicinity of such improvement will be benefited by such improvement, to determine the same by an entry in its minutes to that effect of the amount of benefits that will accrue to such property in the immediate vicinity, and to determine and declare that the whole or any just pro- portion of such purchase price shall be assessed upon the owners of real estate deemed to be thus benefited, which determination and declaration shall be entered in its minutes; and it shall thereupon by resolution fix, determine and declare the district or portion of real estate in said city deemed to be benefited thereb3% and specify the amount to be assessed upon the owners of such taxable real estate therein. PROPERTY TO BE ASSESSED ACCORDING TO BENEFITS— TO BECOHIE A LIEN. (Sec. 61.) Par. 11. The amount of the benefit thus ascertained shall be assessed upon the owners of such taxable real estate in pro- portion as near as may be to the advantage which the same shall be deemed to be benefited by such improvement. The general laws of the State of Michigan relating to the assessment and compensation awarded by jury for property taken for public purposes in cities, and villages of this state, and the acts amendatory thereof, and all pro- ceedings incident thereto, shall apply to the assessments to provide for the payment of such purchase price so far as the same can be made applicable under this act. Said assessments shall be and remain a lien upon the real estate so assessed until they are paid. CO.AIMON COl'NCIL BY ORDINANCE — COVER .\ND GUARDING OF MILL, RACE. (Sec. 62.) Par. 12. The Common Council shall also have power by ordinance or otherwise to require owners or occupants of any 26 mill-race to cover or otherwise guard the same with bridges, arches or fences to be constructed of good and durable material, or it may direct the same to be covered in the manner that other public im- provements are directed to be made and pursuant to the provisions of Title five of this act so far as the same are applicable. WHEN COUNCII. CAUSES SAME TO BE DONE— TO BECOME A LIEN. (Sec. 63.) Par. 13. Whenever the owner or occupant of any mill-race shall refuse or neglect, within such reasonable time as the Common Council shall have appointed, to cover such mill-race in the manner and with the material directed by it. it shall be lawful for the Common Council to cause the same to be done at the expense of the city, and the same shall become a lien upon the mill property to which said mill race is adjacent until paid. Such expense shall be assessed , upon such mill property and collected in accordance with the pro- visions of Title five of this act for the assessment and collection of the expense of constructing and repairing sidewalks. SUIT BY SUMMONS— SUPERIOR COURT— FOR NON-PAYMENT. (Sec. 64.) Par. 14. All fines, penalties and forfeitures may be sued for and recovered with costs in the name of the city of Grand Rapids, and such suit may be commenced by summons or warrant in the Superior Court of Grand Rapids. For the recovery of fines, penalties or forfeitures against railroads or other corporations im- posed b}' virtue of any provision of this act, or any ordinance of the Common Council, suit may be commenced in form as aforesaid in the Superior Court of Grand Rapids and prosecuted to effect therein. OBUINANCE CONT.41N1NO PENALTY— WHEN EFFECTIVE. (Sec. 65.) Par. 15. Any ordinance of the Common Council im- posing a penalty shall not take .effect until the expiration of one week after the first publication thereof in one of the official newspapers in said city. CLERK'S RECORD— CERTIFIEO— PRIMA FACIE EVIDENCE. (Sec. 66.) Par. 16. A record or entry made by the Clerk of said cit\-. or a copy of such record or entry, duly certified by him shall be prima facie evidence of the time of such first publication, and all laws, regulations and ordinances of the Common Council may be read in evidence in all courts of justice, and in all proceedings before any officer, body or board, in which it shall be necessary to refer thereto, either from the record itself, or from a certified copy made by the Clerk of the citj-. with the seal of the city affixed thereon, or from the volume of ordinances printed by the authority of the Common Council. FISCAL YEAR^FILING OF STATEMENTS BY DEPARTMENTS. (Sec. 67.) Par. 17. The fiscal year of the city of Grand Rapids shall end upon the last day of March in each year, and the new fiscal year begin upon the first day of April in each year after this law shall take effect. And upon the first daj^ of April of each year the various boards and the head of each and every department of the city, shall make and file with the citj^ clerk a full and complete statement of the business of said several boards and said several departments during the last year and accounts thereof, including all disbursements and receipts of said boards and departments. AXNUAI. STATKMKNT BY COUNCIL. (Sec. 68.) Par. i8. On the la.st Tuesday in the month of April in each year, the Common Council shall audit and settle the accounts of the city treasurer and the accounts of all other officers and persons having claims against the city or accounts with it. and shall make out a statement in detail of the receipts and expenditures of the cor- poration during the preceding year, in which statement shall be clearly and distinctly specified the several items of expenditure made, the objects and purposes for which the same were made, and the amount of money expended under each: the amount of taxes raised for the general contingent expenses; the amount raised for lighting and policing the city: the amount of highway taxes and assessments for opening, paving, planking, repairing and altering streets, and building and repairing bridges: the amount borrowed on the credit of the city and the terms on which the same was obtained, and a summary of the reports of the several boards and heads of departments of the city together with such other informaion as shall be necessary to a full understanding of the financial conditions of the city. STATEMENT TO BE SI(iXEI) BY THE 3IAYOR A^D CLERK .\M> PUBLISHED. (Sec. 69.) Par. 19. The said statement of the Common Council of accounts as audited and settled shall be signed by the Mayor and Clerk and filed with the Clerk of the city, and published by the Clerk at the expense of the city in the (ifticial proceedings. CITX ELECTRICI.YX— INSPECTOR Ol (JAS. COUNCIL TO APPOINT. (Sec. 70.) Par. 20. The Common Council shall have power to appoint an inspector of gas meters and gas. and to fix the quality of gas furnished in the city, both in regard to its lighting and heating power, and to establish a standard of gas to be sold within the city, and to regulate so far as may be necessary in the interest of the public the delivery of said gas to customers therefor: to appoint a city electrician and an examiner of engineers and of stationary engines within the city: to prescribe their power and duties and fix their com- pensation, and to regulate the manner of the operation of engines within such bounds as may be necessary for the public protection. DUTIES OF BUILDIN(i INSPECTOR — COUNCIL TO PRESCRIBE. (Sec. 71.) Par. 21. The Common Council shall prescribe the duties of the building inspector and fix his compensation. It shall provide regulations for the construction and repair of buildings and may restrict the height of buildings within the city, and the proportion or space of any lot or lots that may be covered with buildings; it may require by ordinance plans and specifications of proposed build- ings to be submitted to the building inspector under the rules and regulations of the Common Council, and may collect a reasonable fee for the inspection of all buildings to be erected or repaired. The building inspector shall be vested with and possess the powers con- ferred on boards of building inspectnrs mider the general laws of the state. 28 EXrKNSK TO BE BORNK BY OWNER FOR REPAIRS, ETC., ORDERED BV INSPECTOR. (^Sec. Ti?) Par. 22. In case any expense is incurred by the city of Grand Rapids in pursuance of any action or recommendation of its building inspector in relation to any building while in the discharge of his duties such expense shall be a personal charge against the owner of such building and maj' be collected of him in the name of tlie citj- of Grand Rapids in any competent court having jurisdiction thereof, and in case any expense is incurred by said city in abating or removing a public nuisance growing out of the condition or loca- tion of a building, such expense shall be a personal charge against the owner of such building and may be collected of him in the name of the city in the Superior Court of Grand Rapids. In either of the foregoing cases such expense so incurred by the city shall be and remain a lien upon such building, and the premises upon which the same may be located, and the appurtenances thereto, until such ex- pense is paid; and such expense may be assessed upon such building and premises and appurtenances thereto, and collected in accordance with the provisions of Title five of this act for the assessment and collection cA the expense of constructing and repairing sidewalks. DISTRICT WHERE CERTAIN BUILDINGS PROHIBITED. (Sec. "/T,.) Par. 22,. Any building composed of wood or other combustible material, erected in or removed into any part or portion of said city, wherein the erection or removal of such building is pro- hibited b}' any ordinance of the Common Council, shall be deemed and is hereb\^ declared to be a public nuisance, and the Common Council maj' take measures to abate and remove the same. RESTRICTIONS .4S TO BUILDINGS DEE.MED HAZ.\RDOUS AND THOSE CONSIDERED NUISANCES. (Sec. 74.) Par. 24. The Common Council may prevent and pro- hibit the location or construction or maintenance of buildings for the storing of gunpowder, powder factories, tanneries, distilleries, build- ing for the manufacture of turpentine, camphene and all other dan- gerous or explosive substances; slaughter houses and yards, butcher- ing shops, soap, candle, starch and glue factories; establishments for steaming or rendering lard, tallow, offal and such other substances as can be rendered into tallow, lard or oil, and all establishments where any nauseous or unwdiolesome business may be carried on, within certain limits within the city, to be determined by the Com- mon Council. Such buildings, factories, shops and establishments as aforesaid now existing or hereafter to be constructed in said city, together wnth blacksmith shops, founderies, cooper shops, steam boiler factories, carpenter shops, planing establishments, breweries, and all buildings and establishments usually regarded as hazardous in respect to fires, shall be subject to such regulations in relation to their construction and management as the Common Council shall make for the preservation f)f the health, safety and property of the inhabitants of said city, and to prevent the same from becoming in any way public nuisances. The Common Council may take all necessary measures to prevent annoyances to the public and protect all persons \\\ the city from injury to their health and propert}- caused by the discharge of dense smoke into the atmosphere. TO PKEVENT CERTAIN BUILDINGS IN FIRE DISTRICT. (Sec. 75.) Par. 25. The Common Council may prohibit and pre- vent the location or construction of any wooden or frame house, store, shop, building or brick veneer structure on such streets, alleys and places, or vv'ithin such limits in the city as it may from time to time prescribe; and prevent or regulate the removal of wooden or frame buildings from any part of said city to any lot or location on such streets, alleys and places within such limits, and the rebuilding or repairing of wooden or frame buildings on such streets, alleys and places within such limits when damaged by fire or otherwise. REGlTL.\TIONS TO PREVENT FIRES, ETC.— COMMON COUNCII., 3IAY LICENSE INSPECTION OF ENGINES AND BOILERS. (Sec. 76.) Par. 26. The Common Council may regulate the con- struction of partition fences, partition and parapet walls, the walls o£ buildings, the thickness of walls, and regulate the construction of chimneys, hearths, fire places, fire arches, ovens and the putting up of stoves, stovepipes, kettles, boilers, or any structure or apparatus that may be dangerous in causing or promoting fires; to prohibit and pre- vent the burning out of chimneys and chimney flues; to compel and regulate the cleaning thereof and fix the fees therefor; to compel and regulate the construction of ash houses and the deposit of ashes; to compel the owners of houses and other buildings to have scuttles upon the roofs thereof and stairs or ladders leading to the same; to ap- point one or more officers to enter into all buildings and enclosures to discover whether the same may be in a dangerous condition and to cause such as are in a dangerous condition to be put in a safe con- dition; to authorize any of the officers of the city to keep away from the vicinity of fires all idle or suspicious persons; to aid in the ex- tinguishment of fires and in the preservation of property exposed to danger therefrom; to license and regulate engineers of stationary engines within the corporate limits of the city, and to regulate the inspection of boilers of stationary engines therein. WIRING IN STREETS AND BUILDINGS TO BE REGULATED BY ORDINANCE —BUILDING OF CONDUITS AND RENTAL OF. (Sec. •/•/.) Par. 27. The Common Council shall have the power to regulate by ordinance the business of stringing wires in the streets and public places of said city for the purpose of conducting electric currents, and regulate the business of wiring buildings for conducting electric currents into and through the same; to provide a series of conduits under the streets, lanes, alleys and public places of the city, or any part or parts thereof, for the use of telephone, telegraph, elec- tric light and other wires, or for other purposes, either by constructing the said conduits or authorizing their construction by others on such terms and conditions as the Common Council may impose, and to regulate and control the use of such conduits and prescribe and estab- lish reasonable rentals to be paid by any person or company using any of said conduits by whomsoever the same may be constructed for the use thereof, and to provide for the collection of such rentals in addi- tion to the ordinary processes by such summary methods as it may deem proper. If any such grant be made to any person, firm or cor- poration, such grantee shall -not have the power to sublet the same or the use of the same to any person, firm or corporation engaged in selling, hiring, leasing or otherwise receiving any income from the business or purposes for which it desires to use such conduits with- out such person, firm or corporation first obtaining, as provided in 30 this act, a franchise for such business, purpose or use. The Common Council shall also have the power to cause persons engaged in the erection and maintenance of such wires and the wiring of buildings to submit plans and specifications in that regard to the city electrician for his approval thereof. SETTLING OF ACCOUNTS BY CITY. (Sec. 78.) Par. 28. The Common Council shall settle and allow all accounts and demands properly chargeable against said city, as well to its officers as other persons, and have authority to provide means for the payment of the same, and for defraying the contingent expenses of said city subject only to the limitations and restrictions in this act contained. BONDS AND BONDED INDEBTEDNESS— PROVISION FOR PAYilENT OF. (Sec. 79.) Par. 29. The Common Council shall in each year pro- vide for the payment of the interest on the bonded debt and all other liabilities drawing interest, by taxation levied upon the real estate and personal property in the city not exempt from taxation by the gen- eral laws of the state, and upon all the personal property of residents of the city not exempt from taxation by such general laws, if other resources are insufficient, and it shall provide for the prompt payment of such indebtedness or other liabilities as they mature. The Common Council may issue new bonds for the purpose of meeting the prin- cipal of said matured bonds bearing interest at not to exceed five per cent, per annum, and not having more than twenty years to run, and dispose of the same, or it may in its discretion levy and collect a tax not exceeding two mills on a dollar, in any one year on the real and personal property in the city as aforesaid to apply on such bonded indebtedness. BONDING FOR PUBLIC BUILDINGS. (Sec. 80.) Par. 30. For the purpose of purchasing sites for and constructing a city almshouse, city hall, city market, or any other public building, or for constructing or rebuilding bridges or viaducts within the corporate limits of the city of Grand Rapids, the Common Council may borrow on the faith of the city such sums of money for any such purposes aforesaid, as it may deem expedient for a term not exceeding twenty years and at a rate of interest not exceeding five per cent, per annum, and for such purpose it may issue the bonds of the city signed by the Mayor and countersigned by the City Comp- troller, in such form and sums as the Common Council may direct. Such bonds shall be disposed of under the direction of the Common Council of the citj^ upon such terms as it deems advisable, but not for less than the par value thereof, and the avails shall be used for the purpose for which the same were issued and for no other purpose. QUESTION OF BONDING TO BE SUBIVHTTED TO ELECTORS — EXCEPTIONS. (Sec. 81.) Par. 31. Nothing in the preceding section shall be so construed as to authorize the incurring of any such bonded indebted- ness against the city, except as otherwise expressly provided for in this act, unless the qualified electors of the city, voting in their respec- tive wards upon the question of bonding the city for any such purpose at any regular election, or at a special election called for the purpose of voting upon such question, shall have authorized the incurring of such bonded indebtedness by a majority of their votes cast on any such question: Provided. That bonds issued for the purpose of renewal of 31 former bonds or loans and bonds issued to raise money for the cur- rent expenses of the city, authorized by this act, and street or sewer improvement or school bonds need not be submitted to the electors as aforesaid. BONDfS— YEARLY— CURRENT EXPENSES— P.AJD iOR BY ASSESSMENT. (Sec. 82.) Par. 32. The Common Council may borrow tempor- arily on the faith of the city a sum not exceeding fifty thousand dol- lars in any one year, at a rate of interest not exceeding five per cent, per annum, for the purpose of paying that portion of the expenses and liabilities of said city for the current year, which, for any reason, the revenues thereof shall not be sufficient to meet, which said amount so borrowed shall be assessed and collected in the general assess- ment roll for the ensuing year, and for such purpose may issue the bonds of the city for a period not longer than one year, signed by the Mayor and countersigned b}- the Comptroller, and with the seal of the city affixed thereto, and in such form and for such sums, under the limitations herein contained, as the Common Council shall direct; and such bonds shall be disposed of under the direction of said Com- mon Council, upon such terms as it shall deem advisable, but not for less than their par value, and the avails thereof shall be applied to the purposes in this section mentioned onl}^ BORROWIN(i OE MONEY BY COUNCIL,. (Sec. 83.) Par. 33. It shall not be lawful for the Common Coun- cil, except as herein otherwise provided, to borrow money or author- ize the creation of any liability or indebtedness against said city in any one year exceeding in the aggregate the amount which, by this act, may be raised by tax for such year, and in case any sum or sums of money shall be borrowed by the 'Common Council in any one year, or any officer thereof shall enter into any contract or contracts for the payment of moneys binding upon said city, the same shall be paid out of the sums raised by tax for such year, if the payment thereof is not otherwise provided, and all sums of monej^ borrowed by said city shall be applied to the purposes for which the same was borrowed, and for no other purpose whatsoever; but nothing in this act contained shall be construed to prohibit said Common Council from making assessments and lev3nng and collecting taxes for the purposes of local improvements. TAXATION FOR MEETING LIABILITIES INCURRED BY CITY. (Sec. 84.) Par. 34. For the purpose of defraying the expenses and meeting the non-interest bearing liabilities incurred by the city, and for highway and sewer purposes, and for the pur- pose of creating and replenishing the funds provided for in this act, the Common Council may raise annually by taxation levied upon the real and personal property in the city, not exempt from taxation by the general laws of the state, and upon all the personal property of residents of the city not exempt from taxation by such general laws, such sum as it may deem necessary, not exceeding one per cent, on the valuation of the real and personal property according to the valuation taken from the assessment 'rolls for the year preceding the levying of such tax; the sum or sums of money to be raised shall be proportioned between the several wards of the city in the manner in this act specified: Provided, That such limitation shall not apply to the raising of any sum of money necessary to be raised by taxation upon such real estate and personal property for the purpose of pay- ing the principal of anj'^ b(9nded indebtedness of the city, arising fron> a loan for the term of a j-ear or years, or the interest thereon, or both principal and interest according to the terms of such indebtedness. Bril.niNliS, FENCES, ETC., CONSIDERED DANGEROrS TO BE REMOVED BV ORDER OF COUNCIL. (Sec. cS5.) Par. .35. Whenever, in the opinion of the" Common Council, any fence, building, erection of anj- kind, or any part thereof is liable to fall wherebj^ persons and property are endangered, it may order the owner of the real estate upon which such building, fence or other erection stands, to take down the same, or any part thereof, within such time as it may require. In case such order is not complied with the city ma}' cause the same, or any part thereof, to be taken down at the expense of the city on account of the owner, and assess the expense thereof on the real estate on which such building, fence, or erection stood, and enforce payment thereof in accordance with the provisions of Title VI. of this act. In case the owner of the real estate is a non-resident of the city, the order, if not immediate in its terms, may be served upon any occupant of the real estate, or if there is no occupant thereof, the same may be published in one of the offi- cial papers of the city for such time as the Common Council may direct, or posted in some conspicuous place on said premises. CITY PRINTINtJ— HOW TO LET. (Sec. 86.) Par. 36. The Common Council of the city shall an- nually contract with the publisher or publishers of one or more daily or weekly newspapers published and circulated therein, to do the printing of said city, or some portion thereof, which contract shall be let, if to weekly newspapers, to the lowest bidder therefor, of the pro- prietor of the weekly newspaper or such weekly newspaper as the Coun- cil may select from such bidders; and if to a daily newspaper, to the low- est bidder therefor, of the proprietor of the daily newspapers in said city. It shall be discretionary with the Common Council to let one part of said printing to a weekly newspaper and other parts to a daily news- paper of said city. Such newspaper or newspapers, during the con- tinuance of such contract shall be known as the ofificial newspaper or newspapers of the city. In letting such contracts the Common Council shall have power to reject any or all bids therefor, whenever in the judgment of a majority of said Common Council the public interests of the city may require. EVIDENCE OF TITLE TO REALTY— MAPS, ETC. (Sec. 87.) Par. 2>7- It shall be the duty of the Common Council to adopt by ordinance or otherwise, such measures as it may deem expedient to perpetuate the evidence of title to real estate in said city, by the preservation of maps, plats, records and papers relating thereto or b}^ duly certified copies thereof, which when certified to and filed as prescribed by ordinance or otherwise, shall be received in evidence in all courts and proceedings. M.4RKET AND PUBLIC BUILDINGS .4ND (iROUNDS IN CHARGE OF COUN- CIL—EXCEPTIONS. (Sec. 88.) Par. 38. The Common Council shall have charge and control of the market buildings and market grounds of the city and of all public buildings and the grounds thereof, and of all other public grounds and public places in the city (except public school buildings 33 and public school grounds or other properties, which under this act are especially given to the control of municipal boards of the city.) It shall be the duty of the Common Council to keep said buildings and the grounds thereof in such shape and repair as will conduce to the convenient and profitable use thereof. The Common Council shall have power to employ all needful help upon such grounds and places and in such buildings as it may deem necessary for the proper care and supervision of the same, and also expend such moneys in relation thereto as it may deem advisable. FIRKWOKKS, GUNPOWDER, FIRE ARMS, ETC.— USE AND CARE OF— BONFIRES. (Sec. 8g.) Par. 39. The Common Council may regulate the buy- ing, carrying, storing, selling and using of gunpowder and fire crack- ers and fireworks manufactured or prepared therefrom, and all other- combustible or explosive substances; the exhibition of fireworks, the discharge of firearms, and the lights in barns, stables, and other build- ings, and restrain the making of bonfires at any place within the limits of the city. NIGHT WATCHMEN— HAZARDOUS BUELDINGS. (Sec. 90.) Par. 40. The Common Council shall have power by ordinance or otherwise to require the owner or occupant of any build- ing in the city, which is extra hazardous in respect to fire, to provide a night watchman for such building, at the expense of the owner or occupant, such night watchman to be on duty during such portions of the year and during such hours as the Common Council shall designate in any given case. If such owner or occupant shall refuse or neglect to pay for the service of such watchman for sixty days after the time for payment fixed by the Common Council has passed, the city may cause payment for such service to be made and the sum so paid shall be a lien upon the building and premises upon which it is sit- uated until paid; and such sum shall be assessed upon such building or premises and collected in accordance with the provisions of this act for the assessment and collection of the expense of constructing and repairing sidewalks. COLLiECTION OF ASSESSMENTS. (Sec. 91.) Par. 41. In all cases where the ordinances or reso- lutions of the Common Council shall require anything to be done in respect to the property of the several persons in the manner provided for in the preceding sections, the expense thereof may be included in one assessment and the several pieces of real estate, in respect to which the several expenses shall have been incurred, shall be briefly described in the manner required in the assessment roll for the gen- eral expenses of the city, the sum of money assessed to each owner of real estate shall be the amount expended in performing such work upon such real estate, together with a ratable proportion of the ex- penses of assessing and collecting the money expended in performing the work on said several pieces of real estate as aforesaid. The col- lection of the assessments specified in the preceding sections of this title shall be in made in accordance with the provisions of Title VI. of this act. 34 Trn.K IV. FRANCHISES AND MUNICIPAL OWNERSHIP. GRANTING OF RIGHTS IN STREETS BY COMMON COUNCFL. (Section loo.) Par. i. The Common Council may by ordinance adopted by the affirmative vote of two-thirds of all the Aldermen elect, grant rights in, over, upon or under any street, allej^ or public place for the purpose of constructing or operating street railways, railways, or for telephoning or telegraphing, or transmitting electri- city, or transporting by pneumatic tubes, or for constructing conduits, or for furnishing to the city or its inhabitants, or any portion thereof, water, light or heat, or for any other public purpose, but subject always to the limitations and conditions herein contained. KEFEREXnrM— FR.\NCHISES AND GRANTS— WHEN PETITIONS AGAINST —SUBMITTED TO ELECTORS. (Sec. lor.) Par. 2. No franchise, whether an original grant, extension or amendment shall become operative where a petition is filed with the city clerk within thirty days after the first publication of the ordinance granting the same, signed by not less than fifteen per cent, of the qualified voters of the city, as shown by the vote at the last preceding general citj' election, asking for submission of the question of granting such franchise to a popular vote, until such ques- tion shall be so submitted at a general city election or a special elec- tion called for that purpose. No grantee of a franchise or a privilege shall be entitled to assign or sublet the same, or allow any other to use the same without the consent of the city by ordinance duly passed, which ordinance shall be subject to the referendum provided for in this paragraph. WHEN TO TAKE EFFECT- PRICE TO BE FIXED— LENGTH OF TIME- ADVERTISING OF— FORFEITURE. (Sec. 102.) Par. 3. The maximum price for the service or charge shall be stated in said ordinance. No franchise shall be granted for a longer period than twentj^ years. No ordinance granting any fran- chise shall take effect within thirty days after the first publication thereof. In case the ordinance is an amendment to or is supplemental to an existing ordinance, such amended or supplemental ordinance shall terminate at the time limited in the original ordinance. No ap- plication for a renewal of an existing ordinance shall be made except during the last year for which said ordinance runs. No franchise shall be granted without fair compensation to the city therefor, and in addition to the other forms of compensation to be therein pro- vided, the grantee may be required to pay annuall}^ to the city such percentage of the gross receipts arising from the use of such fran- chise and of the plant used therewith as may be fixed in the grant of such franchise. But this provision shall not exempt the grantee from any lawful taxation upon his property, nor from any licenses, charges or impositions not levied on account of such use. All franchises shall be subject to taxation as an asset apart from the physical prop- erties of such utilities. No franchise shall be granted which shall not by its terms go into effect within one year .after its passage. Failure on the part of the grantee to place in actual operation the business covered by his franchise for one year shall work a forfeiture of such franchise. No perpetual franchise shall ever be granted. TO .\CQUIRK MINICIPAI. OWNKRtSHIP— MANNER OF PKOCEDl'RE. (Sec. 103.). Par. 4. Every grant of a franchise or right, and every contract therefor made or granted under the provisions of this charter shall provide that at the expiration of the term or period for which it is made or granted, or at any time before stated in the ordinance, the city, at its election, and upon the payment therefor of a fair valuation thereof to be made in the manner provided in the grant or contract, may purchase and take over to itself the property and plant of the grantee in its entirety; but in no case shall the value of the franchise of the grantee be considered or taken into account in fixing such valuation. Or such grant and contract may provide that such propert\^ shall become the property of the city without any com- pensation to the grantee at the expiration of said franchise; provided, however, that before the cit}- shall have authoritj' to take over such ])lant or property the question whether or not the city shall acquire or take such plant and property shall lirst be submitted to the voters of the city in accordance with the provisions of section 116. paragraph 17, ,.f this Title. Proceedings to take cn-er such utility must be instituted within one year of the expiration of such franchise^, or the period stated in said ordinance, and su.fficient time before the expiration of such per- iod so that if a special election is required to be held to pass upon such question, the same can be held at least six months prior to such period. Every grant reserving to the city the right to acquire the plant of said grantee shall further provide that upon the payment by the city of such valualinn, the plant and property shall become the property of the city by virtue of the grant in payment thereunder, and without the executirm (if any instrument or conveyance. E'very franchise ordinance shall contain adequate provision by way of for- feiture of the grant, or otherwise, for the effectual securing of suffi- cient and efficient service, and for the maintenance of the property in good c:irdcr and repair throughout the term of the grant. CITY 3IAY SUB-LET OR LEASE— EEN(iTH OF TOIE. (Sec. 104.) Par. 5. If by virtue of the foregoing provisions anj' plant shall become the property of the city of Grand Rapids, the city shall have the option either to take and operate the same on its own account, or to lease the saiiie fr.r a period not exceeding twenty years under such rules and regulations as the council may prescribe, or to sell the same to the highest bidder at public sale; provided such pro- position of sale shall be submitted as provided in section 116, para- graph T/, of this Title'. OFFIC1.4L PFBLirATIOX OF. (Sec. 105.) Par. 6. Ever}- ordinance by which the Common Council shall propose to grant any franchise shall contain all the terms and conditions of the franchise to be granted, and shall be pub- lished verbatim in an official paper of the city at least once a week for six successive weeks before taking effect. 36 COMMOX COUNCIL POWERS TO REGIXATK AXO CONTKOI.. (Sec. io6.) Par. 7. The Common Council shall have the power to regulate and control the exercise by any corporation of any fran- chise exercised on, in and over the streets or public places of the citj- whether such franchise has been granted by the city or bj' and under the laws of ^lichigan. ANNUAL STATEMENTS TO BE FILED— rENALTY. (Sec. 107.) Par. 8. Every corporation or person exercising an}- franchise in the city of Grand Rapids shall fde annually on the first Monday in April in the office of the city clerk a statement subscribed and sworn to bj^ at least two officers of such corporation, or by the individual in control, setting forth in detail for the preceding calendar 3'ear the then actual cost of the plant or business operated by such corporation or persons, the actual encumbrances, debts or obliga- tions thereon, if any, the amount of stock issued and to whom issued, and the consideration therefor, the gross earnings, the expenses and nature thereof and the net income after deducting all proper costs and expenses, the names and residences and the amount of stock of all stockholders, and if any bonds have been redeemed and not can- celled, that fact shall also be stated. Every such corporation or per- son who fails to complj' with the provisions of this section shall be liable to the city in the sum of one hundred dollars for each day of such failure, to be recovered in an action of assumpsit in the Su- perior Court, and at the end of sixt}' daj's, if such default shall con- tinue, shall forfeit such franchises. ACCEPTANCE OF FRANCHISE— WHERE TO BE FILED. (Sec. 108.) Par. 9. Every grantee of every franchise shall file in the office of the city clerk a written acceptance of the same within sixty days of the time said franchise is granted by the Common Council, or within thirty- days from the time the same is approved by the people if voted upon, and in default thereof, all rights under said franchise shall lapse; such acceptance shall be unqualified and shall be construed to be an acceptance of all the terms, conditions and restrictions contained in the ordinance granting the same, as well as the provisions of this charter. >r.\INTEN.ANCE AND REPAIRS OF STREETS. (Sec. 109.) Par. 10. Street railway and other railway and tram- way franchises shall provide that the grantee shall keep those por- tions of the streets and other places occupied by said railways in good repair and as required by the Council, and shall plank, pave, re- pave, reconstruct, or otherwise improve, or repair or maintain in good condition, and in the manner directed by the Common Cotmcil, the whole, or any portion of the streets along or over which said rail- way shall be constructed lying between the rails of anj^ track thereof, and extending one foot' outside of such rails, and also the portion lying between any two tracks: or it may be stipulated in the fran- chise ordinance that the grantee shall pave, re-pave and keep in repair, as required by the Council, the streets used by such road from curb to curb. JOINT USE OF TRACKS, ETC., PROVIDED. (Sec. no.) Par. 11. Every franchise ordinance to a street or tram railway, or to a railroad using the streets of said city, shall pro- vide that any other railroad company. may use said track or tracks 37 in common with the grantee upon obtaining the consent of the council expressed by ordinance, each paying an equitable and proper portion for the construction and repair of the tracks and appurtenances used bj' such railroad companies. FEXIXCJ OF RATES BY COMMON COITXCIL OR ARBITRATION. (Sec. III.) Par. 12. Every grant of a franchise which pro- vides for the changing of rates, fares and charges shall contain a provision fixing the maximum rate of fares, rates and charges, which the grantee, his. its or their successors or assigns can charge or col- lect for services rendered or performed by virtue of and during the life of such franchise and the operation of his or its plant or property thereunder; and said grant may also, or in addition, provide that the Council' reserve the right to "thereafter from time to time change, alter, regulate and fix fares, rates or charges which the grantee, his, its or their successors or assigns can charge or collect thereunder during the life of such grant or franchise. This may be done by direct" action of the Common Council or by reference to arbitrators. But such price shall be fair and reasonable to the grantee and the public. WAIVERS. (Sec. 1-12.) Par. 13. The Council cannot waive any of the pro- visions of this Title. In case a franchise does not cover the provi- sions herein contained, such omission shall not be considered a waiver thereof. All the provisions of this Title shall be considered a part of every franchise hereafter granted, and of all renewals or extensions of franchises. MUNICIPAT. OWNERSHIP. (Sec. 113.) Par. 14. The Council shall have power to acquire by purchase, or to construct and maintain water works, electric light works, gas works, steam, water or electric power works, stearn or hot water or electric heating works, telephone and telegraph lines, street railway tracks, subways and conduits, bridges, viaducts, wharves, and docks, markets and market houses, garbage collection and garbage disposal and reduction plants, and such other public utilities as the Council may designate, and to acquire all property, real or personal, necessary therefor, and to maintain and operate the same, or lease the same to other corporations or individuals for the purpose of maintenance and operation. ACQUIRING OF PUBLIC ITII.ITV— ESTIMATE ON— PUBLICATION OF. (Sec. 114.) Par. 15. Before acquiring any public utility not owned by the city at the time this act takes efifect. the Council must by a two-thirds vote of all members elect, procure through the board of public works, plans and estimates of the cost of construction and completion of any public utility proposed to be acquired. The esti- mated cost so ascertained shall be published in one of the official papers of the city once a week for six successive weeks before any further steps are taken. OFFERS FOR SALE OF— SUBMITTING TO ELECTORS— BOND. (Sec. 115.) Par. 16. The Council shall thereupon and before sub- mitting the proposition to the electors as hereinafter provided, soli- cit, and consider offers for the sale to the city of existing utilities, 38 if any, covering the subject matter. The Council shall have authority to enter into a provisional agreement for the acquisition of any such existing utility, but such provisional agreement shall not be adopted by the Council until all the terms and conditions thereof have been published in the same manner as provfded in the preceding section; and its adoption by the Common Council shall be subject to ratifica- tion by vote of the people, as hereinafter provided. Before such provisional agreement is submitted, a good and sufficient bond run- ning to the city, to be approved by the Council, shall be exacted from the party thus agreeing to contract with the city, conditioned for the fulfillment of such provisional contract in case it is approved by the people. DURATION OF PUBLICATION — COUNCIL MAY ACT BY ORDINANCE— VOTE OF PEOPLE. (Sec. ii6.) Par. 17. In case a proposition is secured from the owner or owners of such utility, and such bond is filed, or in case the Council fails to secure such proposition within thirty days from the last publication of the estimate, or in case there be no such utility in actual operation, the Common Council may take final action by ordinance, determining to acquire or construct the particular utility imder consideration; provided, however, that before such ordinance be binding upon the city, it shall be submitted to a vote of the quali- fied electors for ratification or rejection at the next general city election, or a special election called for that purpose. No ordinanc so submitted to a vote of the people shall embrace more than one of the purposes enumerated in paragraph 14 of this Title, but several ordin- ances may be submitted separately at any one election. If an issue of bonds by the city shall be necessary to carrj^ out any proposition so submitted, the question of the issuance of such bonds and the amount thereof may be submitted as a part of the proposition. Or such bonding proposition may be submitted at a later general or special election. A majority of the electors voting thereon shall be necessary to ratify such ordinance or to authorize said bonds. ORDINANCES BY COUNCIL TO BE CARRIED INTO EFFECT SAME AS CONTRACTS. (Sec." 117.) Par. t8. The ordinance of the Common Council, if ratified by the people, shall be carried into effect in accordance with the regulations as to contracts in this charter; and if an issue of bonds be required, said issue shall be made in accordance with this charter. PURCHASE PRICE AND MANNER OF PAYMENT LISnTED. (Sec. 118.) Par. 19. In case it is proposed to obtain b}^ pur- chase an existing plant, the Common Council shall not in the pro-, visional agreement, agree to pay, nor shall it pay for such plant more than ten per cent, in excess of the estimated cost of reproducing such plant at the time of such purchase. Where a provisional agreement has been made and ratified by a vote of the people, the Common Coun- cil shall not expend for the purpose set forth in such agreement a sum in excess of the sum therein named. SALE OF ANY MUNICIP.\L PL.\NT— TO BE PUBLISHED— SUBJECT TO VOTE OF PEOPLE. (Sec. 119.) Par. 20. No municipal service plant owned bj' the city, whether acquired prior to the adoption of this charter or there- after, shall be sold, leased, or otherwise "disposed of, by the city 39 unless the full terms of the proposition of said sale, or other disposi- tion thereof, together with the price to be paid therefor, shall have been published in one of the official papers of said city once a week for six successive weeks before final action of the Common Council, and submitted to a vote of the people for ratification or rejection at the next city election or at a special election for that purpose and ratified by a majority of all the electors voting thereon. RECORI> OF ACCOUNT.S TO BE KEPT IN DETAIL. (Sec. I20.) Par. 21. The books of account shall give a clear and unmistakable record of the financial history of such utility, in- cluding the original cost of construction, the cost of maintenance and repair in detail, the amount of taxes such property would have paid each year upon a fair valuation if in private hands, the amount of interest paid on bonds issued to supply funds for the construction or ■ tnaintenance of such utility, an estimate of the amount of rent charge- able against such utility by reason of the occupancy and use of any public buildings not belonging to it for office or other purposes, the income of such utility from all sources, the estimated amount due to such utility for services rendered to the city at large or to any of its departments for which no pay or only part pay is received, and all other facts, figures and estimates required to show the exact finan- cial status of such utility as near as may be at the close of each municipal year with reference to profit or loss in its operation. MERIT SYSTEM—MAY BE ADOPTEI>— DEFINITION OF. (Sec. 21.) Par. 22. The Common Council may by ordinance adoDt the merit system in the employment or discharge of any or all of the employees in any pubic utility. The adoption of such system shall be by ordinance defining the manner in which applications for said employment shall be filed and the kind and character of exam- inations of applicants for such employment. 40 TITLE V. POWERS AND DUTIES OF CITY OFFICERS. MAYOR TO iSEE THAT LAWS ARE EN10R( EI). (Sec. 127.) Par. i. It shall be the duty of the Mayor to take care that all the laws of the State and the ordinances of the Common Coun- cil are faithfully executed. To make or cause to be made complaint to the proper court for any violation of the State laws, or of this act or the city ordinances, and if there is any violation of law or disturbance beyond the power of the city police force and the sheriff's force of the County of Kent tf) quell, he shall call upon the Governor of the State for such assistance from the State as may be necessary to enforce law and order. To exercise a constant supervision and control over the, conduct of all subordinate officers and to receive and examine into all complaints against them for neglect of duty; to recommend to the Common Council such measures as he shall deem expedient, to expedite such as shall be resolved upon by them, and in general, to maintain peace and good order and advance the prosperity of the city. DUTIES OF ALDERMEX— EXEMl'TIOX FROM JURY DUTY. (Sec. 128.) Par. 2. It shall be the duty of every alderman in said city to attend the regular and special meetings of the Comnitni Coun- cil; to act upon committees when appointed thereon by the ^layt>r or Common Council; to report to the Mayor all subordinate officers whn are guilty of any official misconduct or neglect of duty, and to perform all other duties required of him by this act. The .\ldermen shall be exempt from sitting as jurors in any of the courts of this State. CLERK— DUTITSS OT"; CUSTODY OF SE.\L— P.APERS— COUXCIL AXD LICEXSE RECORDS— ADMIXISTRATIOX OF OATHS. (Sec. 129.) Par. 3. The clerk shall keep the corporate seal and all papers belonging to the city as a corporation not properly by this act in the custody of some other officer and he shall [xM-fect a printed record of the proceedings of the Common Council which may in any court or elsewhere be used as evidence of what such proceedings are. It shall be his duty to attend the meetings of the Common Council, and copies of all papers duly hied in his office and transcripts from the rec- ords of the Common Council certilied to by him, or one of his deputies in his name, under the corporate seal, shall be prima facie evidence in all places of the matters therein contained. He shall countersign all licenses granted for any purpose whatever by the Mayor or Common Council, and shall enter in an appropriate book the name of every person to whom a license shall be granted, the number of such license and the date thereof, and the time during which it is to continue in force, and the sum paid for such license. The City Clerk is hereby authorized to administer all oaths recpiired to be administered under the provisions of this act, but he shall receive uu compensation there- for. 41 IM IJLK \J10N OF OKOINAXCES— llKSOLUTIOXS ETC., IJIKKCTING PAY- MENT OF MONEY. (Sec. 130.) Par. 4. The city clerk shall cause to be printed all ordinances of the Common Council at least four times in one of the official newspapers, and all votes and resolutions directing the pay- ment of money shall be published at least once in one of said news- papers within eight days after the passage of the same. He shall per- form such other duties as this act shall direct or which may be re- quired by the Common Council. \\.\KK.\NTS ON CITY TKEASUKEK— RECORDS TO BE KEPT BY COMPTROI.L,ER. (Sec. 131.) Par. 5. All moneys drawn from the city depositary for city purposes, shall be drawn by warrants signed by the Clerk and countersigned by the comptroller of said city. All warrants drawn on the City Treasurer for city purposes shall be drawn in pursuance of an order from the Common Council which w^arrants shall be signed by said City Clerk and countersigned by the comptroller of said city, and every such warrant shall specif}' for what purpose the amount therein named is paid, and out of which particular fund . payable, and the comptroller shall keep an accurate account, under appropriate heads, of all expenditures, orders and warrants drawn upon the City Treas- urer in books to be kept for that purpose, which books shall be furnished by the cit}'. belong to and be a part of its public records. WARRANTS ON CITY DEPOSITARY. (Sec. 132.) Par. 6. On the order of the Common Council it shall be the duty of the City Clerk, after the expiration of at least twenty- four hours next following any regular or special session of the Com- mon Council, at which any claim or demand against the city has been allowed, to draw a warrant or check on the city depositary for the aggregate sum of all claims and demands against said city allowed at any such regular or special session of the Cominon Council, which said warrant or check shall be signed bv said city clerk and countersigned by the comptroller of said city, and be made payable to the order of the treasurer of said city: Provided, That no item or items of such claims or demands shall be included in such aggregate or in the war- rant or check drawn therefor, to the allowance of which by the Com- mon Council the Mayor shall have interposed his veto, in the manner provided for in this act; nor shall any item or items of such claims or demands for the payment of which there are not sufficient funds out of which the same maj' be lawfully paid, be included in such aggregate^ warrant or check. The city treasurer shall draw from the city de- positary the amount called for by such warrant or check and use the same to pay said claims and demands in the manner provided in this act. CO:\IPTROI>I.ER TO M.\KE REPORT TO COMMON COUNCIL. (Sec. T33.) Par. 7. The city comptroller shall at the first regular meeting of the Common Council of said city in each month report in writing to said Common Council all appropriations and payments made out of the several funds of the citj', or other disposition of the same, and the amount of all warrants drawn as aforesaid upon him which have not been called for within thirty days after the counter- signing of such warrants together with the name of the person to whom each of said warrants is payable, and out of what city funds it is payable. Upon receipt of such report the said Common Council shall 42 have power to order the cancel laliun of such warrants not called for and to instruct the city treasurer to forthwith deposit in the city de- positarj' the aggregate amount of such warrants covered by such monthly report: Provided, That any such cancellation shall not be taken or held to impair or render void the legality of any such claim or demand. COMPTKOLIvER HEAD OF AUDITING DEPT.— TO PREPARE BLANKS, CHECKS ETC., FOR ALL OTHER DEPTS., INCLUDING WATER WORKS .\ND BOARD OF EDUCATION. (Sec. 134.) Par. 8. The city comptroller shall be the head of the accounting department, and, save as otherwise provided in this act, or in the laws of the State of 'Michigan, he shall keep all accounts and statistics of the several city departments, including the water depart- ment and the Board of Education of the City of Grand Rapids. The comptroller shall, from time to time, prepare and issue forms for the accounts, reports, bills, vouchers, orders, receipts and checks to be used b}' the several departments of the city government, and by the otificers of said Board of Education in the transaction of all such parts of the public business as concern the public finances, and after such documents are approved by the Common Council it shall be the duty of such board or officer to use the same. The wilful failure or refusal by any officer to use any such form in the transaction of business for which the same was designed to be used shall be deemed misconduct in ofifice on the part of such officer, and subject him to removal, under the pro\isions of Title IT, Par. 9. C03IPTR0LLER TO KEEP ACCOUNTS, ETC. (Sec. 1,35.) Par. q. The comptroller shall keep regular books of account in Avhich shall be entered all indebtedness of the city, and w-hich shall at all times show the precise financial condition of the cit3'; the amount of bonds, orders or other evidence of indebtedness lawfully issued; the amount of the same which has been paid, and the amount of each thereof outstanding. He shall countersign all bonds and other evidence of the city's indebtedness, and keep an exact account and record of each instrument, stating to whom and for what purpose the same has been issued; he shall keep the accounts with all receiving and disbursing officers of the city, or the Board of Educa- tion, showing the amounts received b}^ them from each of the various sources of revenue, and the amounts which they have disbursed under resolutions or ordinances of the Common Council or other legal man- date. The comptroller shall at all times have access to all reports, books, vouchers and accounts in each of the several departments, and to those of the Board of Education, and it shall be his dutj' to fre- quently inspect the same in order to insure the keeping of the same properly and in the mode contemplated by law and this act. BOND OF C03IPTR0LLER. (Sec. 136.) Par. to. The comjitroller. previous to entering upon the duties of his office, shall enter into a bond in such sum and with such sureties as the Common Council shall fix and approve in writing endorsed thereon, which bond shall be filed in the office of the city clerk. The Common Council is hereby authorized to require a new^ or additional bond from the comptroller at anj- time when it shall deem the interests of the city require it. 43 CLAI.MS AXI) ACfOlXTS, AUOITING AND PAYMENT OF. (Sec. 137.) Par. 11. The comptroller shall receive and audit the claims, accounts and demands of all persons against the city. All claims and accounts shall be itemized. And every such claim, account or demand shall be sworn to by the person presenting the same in the manner required herein and shall be certified to as correct by the officer, board or chairman of the committee upon whose authority the contract or liability for such claim or demand is based or originated, provided the same arose upon such authority; provided, also, that city officials drawing stated salaries are not required to verify their bills fr)r services. The common council may pay all claims, accounts and demands so examined and reported to it by said comptroller. But unless a claim is approved by the comptroller, the Council cannot order its payment except by the affirmative vote of three-fourths of all the Aldermen elect. Said comptroller shall keep an accurate ac- count of all claims, accounts and demands so recommended by him as well as a separate account of all claims, accounts and demands which he shall receive and which are rejected by him after examination thereof. REPORTING ('L.\IMS TO t'OINCII., BY COMPTROI.T^ER — JTTANG OF BILLS. (Sec. 138.) Par. 12. In his report to the Common Council the comptroller shall separate all claims for special improvements from general claims; also all claims payable out of special funds when there is no money in such funds to satisfy the same. All papers, bills and vouchers for such claims, accounts and demands recommended and reported by him to the Common Council, after the same shall have been accepted, adopted and finally disposed of by the Common Council, shall be placed on file in his office, and it shall be his duty to keep the same in good and proper order, subject however, to such direction as the Common Council may thereafter make in relation thereto. ORDERS FOR PAY>IENT OF MONEY TO BE DRAWN BY COMPTROLLER. (Sec. 139.) Par. 13. Said comptroller shall countersign all orders for the payment of money out of the city depositary or depositaries and all orders from the city treasurer and the same shall be drawn and delivered by him at his office and he shall perform such other duties as are orescribed in this act, or as the (Tommon Council may by ordinance or otherwise prescribe. CONTRACTS TO BE EXECFTED IN TRIPLICATE. (Sec. 140.) Par. 14. All contracts executed by the city shall be in triplicate, one cop}' thereof to be filed with the comptroller and one with the city clerk. TREASURER TO RECJCIVE ALL SCHOOL AND OTHER SIDNEYS — DEPOSIT SAME .AND KEEP ACCOUNT OF RECEIPTS .AN1> EXPENi>ITURES OF CITY. (Sec. 141.) Par. 15. The city treasurer shall receive all moneys belonging to the city, and moneys paid in for school purposes, and shall deposit the same daily in tiie city depositary or depositaries selected by the Common Council, except when otherwise required by this act. School moneys shall be used for school purposes only, and shall not be transferred by the Common Council to any other fund. Said city treasurer shall keep an account of all receipts and expenditures of said city in such manner as the Common Council shall direct, in proper books of account, to be provided by the city, which books shall consti- tute a part of the public records thereof. The city treasurer shall in re- spect to the school moneys received by him perform all the duties and l)e subject to all the liabilities that the township treasurers of the State are now or in the future shall be subject to by law in respect to the keeping and paying out of moneys collected for school purposes. TKK.XSUKEK— nUTIKS OF— KK1H)KTS TO C'Ol XCir>— IKANCHISK FEES. (Sec. 142.) Par. i(). The city treasurer shall keep an office which shall be provided and furnished for him by said city and he shall de- vote his whole time to the duties of his ()ffice. He shall art the first regular meeting of the Common Council in each month make a report to the Common Council of the linances of said city, showing the exact condition of the several funds thereof. It shall be the duty of the treasurer to keep a list of all franchise and other similar fees, and to attend to the prompt c(dlection of the same. BOOKS AXI) ACCOl NTS OI' TlJEASl REK TO BE OPEN TO PUBLIC— ANNUAL REPOUT. (Sec. 143.) Par. 17. The books and accounts of the city treasurer shall be open to the inspection of any elector of said city. The city treasurer shall exhibit to the Common Council on the first day of April in each year a full and fair account of the receipts and expendi- tures of said city, and of all moneys coming into his hands by virtue of his office since the date of his last annual report, and also the state of the treasury of said city, which accotmt, if found correct, shall be filed in the office of the city clerk. TKEASUREK NOT TO EEN!) OK DEPOSIT MONEY EXCEPT AS AUTHORIZEO BY TAW. (Sec. 144.) Par. 18. Except as in this act otherwise provided, the city treasurer shall not lend, use nor deposit any of the moneys re- ceived by him as such treasurer, or any part thereof, to or with any bank, banker, corporation or person, nor shall he pay out any part of such moneys nor allow the same to pass out of his custody except as authorized by law or this charter. Tf the treasurer shall violate any of the provisions of this section he shall be deemed guilty of miscon- duct in office and be liable to removal therefrom under Title IT, Par. 9. TREASURER TO M.\KE DUPUIC.VTE RECEIPTS. (Sec. 145.) Par. 19. The treasurer on receiving any money into the treasury shall make out and sign two receipts for the same. Such receipts shall be alike, except that upon the face of one shall appear the word "original" and upon the face of the other shall appear the word "duplicate." Such receipts shall be numbered and dated, and shall specify the amount, on what account and from what person or officer received, and into what fund or on what account paid. The treasurer shall enter upon the stubs of such receipts a memorandum ' if the contents thereof, and deliver the receipt marked "original" to the person or officer paying such money into the treasury, and forth- with deliver the receipt marked "duplicate" to the comptroller, who shall write upon its face the date of its delivery to him. and charge the treasurer with the am<)unt specified therein, and file the receipt in his office. TKEASURER TO BE SOI.E IJEC'EIVING AND DISBURSING OFFICER. (Sec. 146.) Par. 20. It is the purpose of this legislation to make the treasurer of the chy the sole money receiving and disbursing officer of the corporation, and of its officers, agents, and of its boards including the Board of Education and the Board of Public Works. \\'henever any other officer, agent or board shall be required to issue any license, permit, water or other bill, order or voucher contemplat- ing the payment of money, instead of receiving such money, said officer, agent or board shall issue such license, permit, bill, order or voucher marked or stamped "Not good until presented to the city treasurer, and the amount indicated paid him and his receipt therefor stamped or signed hereon," or words to that effect. The money shall then be paid to the treasurer and a tluplicate receipt issued as afore- said. PEN.4I.TY FOR F.AILt RE TO PAY MONEY TO CITY TREASURER. (Sec. 147.) Par. 21. .\n3' officer or agent of this city or other per- son who shall receive or have in his hands any money belonging to the city, shall immediately pay the same to the treasurer and a receipt thereof in duplicate shall be issued, and one of the receipts shall be delivered to the comptroller by the treasurer. If any such officer, agent or other person shall wilfully fail to pay to the treasurer any money so received, for more than forty-eight hours after the monej- shall have been received by him, such officers, agent or other person shall forfeit to the city double the amount of money so received, to be recovered by civil action brought by the city against him in a court of competent jurisdiction. COUNCIL TO ADVERTISE FOR PROPOSALS FOR DEPOSITARY. (Sec. 148.) Par. 22. The Common Council of said city shall on the first Monday 6f April next preceding the termination of any exist- ing contract, or within ten days thereafter, advertise in one of the newspapers of said city for a period of at least one week after the first insertion of such advertisement, for sealed proposals for the highest rate of interest obtainable on daily balances of money belonging to the city, or the Board of Education, or in their custody, and the lowest rate of interest to be paid by said city for such temporary loans as it shall desire to make. CONTRACT WITH B.ANKS AS CITY DEPOSITARIES. (Sec. 149.) Par. 23. The Common Council shall have power to contract with any safe and secure banking institution or institutions. and to make rules and regulations in regard to the depositing of money therein, for a period of not to exceed three years, as a de- positary or depositaries for the safe keeping of the public moneys be- longing to or in the custody of said city, or any of its boards, includ- ing the Board of Education, and for the payment of interest thereon at a rate not exceeding that established by law upon such moneys of the city so deposited with such banking institution or institutions, to be drawn from the current account by said city through its proper officer or officers, which said interest shall belong to the city, or the Board of Education, as the case may be. Every such contract with a bank- ing institution shall contain an agreement on the part of such institu- tion permitting the Common Council, whenever it shall deem that the interests of the city require it, to terminate such contract and to with- draw all moneys deposited with such institution or institutions and in such case the books required to be kept by such depositary shall be 46 delivered into the custudy of the city clerk bj- it. The Council shall require such depositary or depositaries to give suitable bonds in such penalty as it shall determine, and with such sureties as it shall approve, before any transfer of any such moneys as aforesaid can be made to such depositary or depositaries. BOOKS T() BK KEPT BV CITY DErOSIXAKlES. (Sec. 150.) Par. 24. The depositary c)r depositaries so designated by the Common Council shall keep an accurate account in a set of books of all moneys belonging to or in the custodv of said city de- posited with such depositary or depositaries, such books to be pro- vided by and belong to said city, and constitute a part of the public records of said city. Such books shall at all times during business hours be subject to inspection by any member of the Council, Board of Education, the comptroller, treasurer, mayor and city attorney They shall be delivered by the outgoing depositary or depositaries to those succeeding to the trust. Such depositary or depositaries shall report in writing monthly to the Common Council of said city the amount of moneys belonging to said city then on deposit with such depositary- or depositaries. ADDITION AT. BOXD.>^ IKOM TREASURER AXD CITY DEPOSITARIES. (Sec. 151.) Par. 2^. The Common Council is hereby authorized to require new or additional bonds or security from the city treasurer and from the depositaries of money belonging to the city, or in the custody of the city, and deposited in such depositaries, at any time or times when it shall deem the interests of the cit}^ require. DUTIES OF CITY ATTORNEY AND ASSISTANTS. (Sec. 152.) Par. 26. The city attorney must attend the sessions of, advise and shall be subject to the direction of the Common Council. He shall have control of all actions, suits or proceedings in any court. State or Federal, in which the city is interested, and must attend to the pro- secution of every person or persons charged with violation of any city ordinance or anj- regulation adopted under the authority of this Charter, and all suits or proceedings in which the Board of Education of the city is in any way interested, either as pla.intiflf. complainant or defendant, and to any prosecution for the violation of any regulation adopted by any of the -boards of the city, created under this Charter, or by ordinance of the Common Council. He shall perform such other duties as usually devolve upon the corporation counsel of a city. He shall perform such duties of a professional character and exercise such powers connected therewith in matters in which the city [s interested as shall be assigned to him b}' the Common Council, the officers of said city and the several boards thereof. The Common Council shall pro- vide and suitably furnish for him and his assistants such offices as may from time to time be necessary. Upon his election to office or as soon thereafter as may be necessary, he may appoint a first and second assistant city attorney and also such clerical assistants as may from time to time be necessary: such first and second assistant city attor- neys and such clerical assistants may be removed by him at will, but their salaries shall be determined and fixed by the Common Council. Such assistant city attorneys shall perform such duties as shall be assigned to them by the city attorney or by the Common Council. ni TIKS OF CITY MARSHAL. (Sec. 153.) Par. 2"^. Tlie city marshal shall report monthly to the Common Council the condition of the streets, highways, alleys, lanes, courts, public places, public grounds, sidewalks and public sewers, and if any of them are out of repair, make report of that fact with the nature of the defect and the place where located, together with an estimate of the expense of repairing the same. The Common Council on receiving such report may direct him to make or cause to be made the necessarj^ repairs and shall provide the means therefor, and direct him to charge the same to the adjoining property. If the defects are of such a nature as to be immediately dangerous to persons or prop- erty, it shall be his dut}^ to cause sucli rejiairs to be made immediately and report the sanu' to tlic Cd'ninioii Council at its next meeting there- after, together with tin- i:xi)cii.-e- thereof certified to by him, and the Common Council sliall provide means for the payment thereof, and in cases where authorize'd by the provisions of this act may direct sucli expense to be charged to the adjoining property. MAK.SII.A1> TO KEPOKT ACCOUNTS OF EXPENOITCRES, ETC. (Sec. 154.) Par. 28. All accounts of expenditures made by said marshal in the performance of the duties prescribed by the preceding section- shall be certified hy him and be made in triplicate, one of which shall be filed in his office and the others in the offices of the treasurer and comptroller respectively. Such accounts shall be re- ported to the Common Council at its next regular meeting after such expenditures shall have been made. It shall be the duty of said marshal to keep a record under appropriate heads in a suitable book or books furnished him by said city, of all expenditures made by him under thts provisions of the preceding section, which said books shall belong to and be a part of the public records of said city. He shall perform such other duties as are required by this act or as may be from time to time required or prescribed by ordinance or resolution of the Common Council. The marshal shall act as the attending officer and sergeant at arms at all meetings of the Common Council. DCTIES OF CITY PHYSICIAN AN1> OTHER OFFICERS. (Sec. 155.) Par. 29. The city physician and all other officers of the city, where not otherwise provided by this act, shall perform such duties and file such bonds as the Common Council may by ordinance or otherwise direct. SALARIES OF CITY OFFICERS AND EMPLOYES. (Sec. 156.) Par. 30. The Common Council shall annually deter- mine the salary or compensation to be paid to the several oi^cers of said city within the limitations herein prescribed, and which limita- tions shall be as follows: To the city clerk, two thousand five hun- dred dollars per annum; to the city treasurer -two thousand five hun- dred dollars per annum; to the city marshal, one thousand three hundred dollars per annum: to the mayor, two thousand dollars per annum; to the city comptroller two thousand five hundred dollars per annum; to each of the aldermen three hundred fifty dollars per an- num; to the city attorney, three thousand dollars per annum, said salaries to be fixed by the affirmative vote of at least two-thirds of all the aldermen elect; and the Common Council may establish and pre- scribe the fees or salaries to be paid to all other officers, clerks or employes of said city, whose fees or salaries are not prescribed by law or otherwise provided for in this Charter. 48 HKJHWAY COMMISSIONKKS TO GIVE BONDS. (Sec. 157.) Par. 31. Every person chosen highway commissioner as provided by this act shall execute a bond to the city in the sum of one thousand dollars with at least two sufficient sureties to be ap- proved by the Common Council of said city, for the faithful perform- ance of the duties of his office and for the faithful accounting of all moneys belonging to said city which may come into his hands. OATHS AND ACCEPTANCES OF OFFICERS. (Sec. 158.) Par. ^,2. All elective and appointive officers of said city shall take and subscribe the constitutional oath of office and file the same in the office of the city clerk of said city, before entering upon the duties of their respective offices, where the same shall re- main as a part of the official records of said city. DEPUTIES AND CLERKS FOR CLERK, TREASURER, COMPTROLLER AND .MARSHAL. (Sec. 159.) Par. 2)3>- The clerk, treasurer, comptroller and marshal shall respectively appoint deputies of their offices, each of whom shall possess all the powers and authority of their respective offices, and may exercise all the duties thereof subject to the control of such officers. Upon the written recommendation of such officers the Com- mon Council shall furnish, when in its opinion necessary, such other assistants and clerks as from time to time may be required for the proper discharge of the duties of their respective offices: Provided, That the Common Council shall have authority to limit the number of assistants, clerks and employes in each of said offices. The said clerk, treasurer, comptroller and marshal shall be responsible for the acts and defaults of their respective deputies, and may remove such deputies at their pleasure. 49 TITLE VI. STREET AND PUBLIC IMPROVEMENTS. SUPERVISION OF STREETS, AI.I.EYS, ETC., BY COMMON COUNCIL— WHEN TO BE RECORDED AS PUBLIC THOROUGHFARES. (Sec. i66.) Par. i. The Common Council, except as herein otherwise provided, shall have the care and supervision of the high- ways, streets, bridges, lanes, alleys, parks, courts, public places and public grounds in the city and it shall be its duty to give directions for the repairing, preserving, improving, cleaning and securing of such highways, streets, bridges, lanes, alleys, parks, courts, public places and public grounds, and cause the same to be repaired, cleansed, improved and secured from time to time, as may be necessary; to regulate the highways, streets, bridges, lanes, alleys, parks, courts, public places and public grounds already laid out, or which may hereafter be laid out or built, and to alter such of them as it may deem inconvenient, subject to the restrictions contained in this title; to cause such of the highways, streets, lanes, alleys, parks, courts, public places and public grounds in the city as shall have been used for six years or more as public highways, streets, lanes, alleys, parks, courts, public places and public grounds and which are not sufficiently described, or have not been duly re- corded in the office of the city clerk in the book of street records, to be as- certained, described and recorded in the office of the city clerk, and also in the office of the Register of Deeds of Kent County. The record of such highways, streets, lanes, alleys, courts, public places and public grounds so ascertained and described, or which shall hereafter be laid out and established by the Common Council, shall be presumptive evidence of such highways, streets, lanes, alleys, parks, courts, public places and grounds therein described. IMPROVEMENTS TO BE DECLARED NECESSARY BY COUNCILr-DISTRICTS TO BE ASSESSED— EXCEPTIONS FOR INTERSECTING STREETS— MAN- NER OF PAYMENTS ISSUING OF BONDS. (Sec. 167.) Par. 2. Whenever the Common Council shall de- termine that the whole or any part of the expense of any public im- provement shall be defrayed by an assessment upon the owners of real estate to be benefited thereby, it shall declare the same by an entry in its minutes, and after having obtained an approximate estimate of the expense of any such improvement, it shall declare by an entry in its minutes what proportion thereof shall be assessed to such property owners, specifying the whole sum to be assessed and the portion of the city which it deems benefited by such improvement. The cost of the grading, paving or improving of that portion of the streets, highways, lanes or alleys included within the intersecting lines of the same shall be paid by the city at large from its general fund, excepting any part of the same chargeable to the street railway company. Provided, That where a street, avenue, lane, or alley shall, after January i. 1905, be graded or improved and paid for by a district including the property owners benefited thereby within the vicinity of SO such improvement, and it shall become necessary that a subsequent improvement thereof either by way of grading, graveling, curbing, paving, or other substantial work, be made therein, one-half part of the expense of such subsequent improvement, not including the pro- portion to be paid by the street railway company, but including the intersections of streets, lanes, and alleys to be paid by the city as above provided, shall be paid by the city at large from its general fund, and only the remaining part or portion of the cost of such sec- ond improvement, less the amount to be paid by the street railway company, shall be charged up against any special district that may be created by the Common Council for the payment of the expense of said second improvement if such district is found benefited to such an amount, according to the benefits received by the several property owners therein. The cost and expense of making the estimates, plans and assessments incidental thereto shall be included in the expense of such improvement. The Common Council is hereby authorized to meet the expense of the following named improvements in the following manner: First: For the purpose of meeting the expense of improving streets, highways, avenues, lanes, alleys, courts, public places and public grounds of said city, by paving, grading graveling or other- wise, and for the construction of public sewers therein, in anticipation of the collection of assessments and taxes to defray the expense and cost thereof, the Common Council may by resolution authorize and direct the mayor, comptroller and clerk of said city to borrow a sum not exceeding three hundred thousand dollars, in any one year, for such purpose, and to issue the bonds of said city therefor, bearing interest at the rate of not exceeding five per cent, per annum, with in- terest coupons attached, which said bonds and coupons shall be signed by the mayor and countersigned by the comptroller of said city: Provided, however. That the total amount of said bonds thus author- ized to be issued shall not exceed seven hundred thousand dollars out- standing at any one time, and said bonds shall be made payable in equal amounts each year for a period of not exceeding five years from the date of issue, as the Common Council may direct. The said bonds shall be endorsed "Street Improvement Bonds" or "Sewer Construc- tion Bonds," and shall be numbered or lettered by the city clerk con- secutively. Said bonds may be made registered or un-registered and shall not be sold for less than par, and be payable at the office of the city treasurer, and the proceeds of the same shall be paid to the city treasurer and by him placed to the credit of the street improvement or sewer construction bond and their interest fund, as the case may be. The said bonds shall be paid at maturity and cancelled, and shall not be reissued or refunded. Second: All provisions of this title relative to the ascertaining and assessing the cost of public improvements shall be applicable to the ascertainment of the cost of street or sewer improvements paid for by the proceeds of street or sewer improvement bonds, and the assessment of said cost upon the real estate deemed to be benefited thereby, except that the assessment rolls for improvements paid for in the first instance by street or sewer improvement bonds or their proceeds shall be designated by the clerk as "Street Improvement Rolls," or "Sewer Improvement Rolls;" Provided, That assessment rolls for sewer purposes as well as bonds issued therefor shall be kept separate and distinct from street improvement rolls and bonds. Said assessment rolls shall be subject to appeals therefrom to the Com- mon Council by the- parties assessed or interested therein, and shall be subject to ratification and confirmation by the Common Council and be final and conclusive as in other cases of public improvements SI m; de under the provisions of this title. All unpaid installments of assessments in said assessment rolls provided for by the provisions of this section shall bear interest at the rate of five per cent, per annum from the time of the confirmation of the assessment roll containing same by the Common Council. The Board of Assessors of said city, or other assessing officer or officers, shall divide each assessment con- tained in said rolls into so many equal parts as the Common Council shall direct. The said assessment rolls shall be attested by the mayor and cit}' clerk, under the seal of said city. Third: On or before the first day of April in each year -the citj^ comptroller shall certify to the Common Council any additional amount not provided for, to meet the balance of the street or sewer improvement bonded indebtedness of the city maturing in the next tiscal year after such date, and the annual interest on all outstanding street improvement bonds maturing within such time, which amount said Coniimon Council shall order spread on the annual tax roll and which shall be spread thereon in the street or sewer improvement bond column thereof upon all the real and personal property of the city liable to taxation for general city purposes; and such taxes when so assessed shall become a lien upon the real estate assessed the same as other city taxes, and so remain until paid, and the paj'ment thereof shall be enforced and collected in the same manner as the annual taxes of said city, and, for the non-payment thereof the premises may be sold in the same manner as for the non-payment of said annual taxes, and when so collected shall be placed to the credit of the street or sewer improvement bond and interest fund, as the case may be. and shall be applied to the payment of the principal and interest of said bonds as they shall fall due, and for no other purpose. Fourth: The first installment t)f said assessments to defray the expense of such improvements under the provisions of this section shall be collected in the same manner as assessments for other public improvements under the provisions of this title, and every installment in said assessment roll shall become a Hen when said assessment roll shall be placed in the hands of the city treasurer and so remain until all of said assessed taxes shall have been paid, and the provisions of section 173 of this title shall be applicable thereto, and said assess- ment roll so certified and confirmed bj^ the Common Council and de- livered to the city treasurer shall be final and conclusive and be prima facie evidence of the regularity and legality of the proceedings prior thereto. In case of the non-payment of anj- installment on any such assessment roll, the premises upon which the same is assessed shall be returned and sold for non-payment thereof as in other cases for assessments for public improvements under the provisions of this title and with the same force and efifect. Any installment of said roll when collected shall be placed by the city treasurer to the credit of the street improvement or sewer improvement bond fund, as the case may be. Other installments than the first installment of said assessment roll hall become due and payable, as follows: The first in one j'ear, the second in two years, the third in three years, the fourth in four j^ears, as the Common Council shall have provided next after the date of the confirmation by the Common Councjl of the assessment roll containing the same, with interest annually at the rate of five per cent, per annum: Provided, however. That said assessments, with the in- terest thereon at the rate aforesaid, may be paid to the city treasurer at any time after the confirmation as aforesaid, of the assessment roll containmg the same, and if not paid when due ten per cent, shall be added thereto and collected thereon with said assessments. Said bonds, or any of the avails thereof, shall be used only in the defraying of the expense of the special improvement for which they were issued. Fifth; The powers herein granted relative to the fssue of str-et or sewer improvement bonds shall be construed to be piermissive, ii\id their -exercise within the discretion of the Common Council, and if said Common Council shall not order the same to be issued, or if issued, shall not be able to negotiate the same under the provisions of this section, then the expense of such street improvements shall be defrayed, provided for and raised in the same manner as the expense of other public improvements under the provisions of this title, and as tiiough no authority had been given to issue such bonds. OKDKK TO MAKE IMPKOVKMENT BY COUNCII. TO BOARD OF ASSESSORS. (Sec. i68.) Par. 3. The Common Council shall thereupon make an order reciting the public improvements so as aforesaid intended to be made, the amount of expense to be assessed therefor, and the por- tion of real estate in said city on which the same is to be assessed and directing the Board of Assessors to make an assessment upon all real estate within the portion of the city so apportioned, of the amount of expense in proportion as near as may be to the advantages which each portion or parcel shall be deemed to acquire by making such improve- ment. Such order shall be certified to by the clerk and delivered to the Board of Assessors, together with the map or profile of the pro- posed improvement in cases where the same is practicable. ASSESS3IEXT ROLL BY BOARD OF ASSESSORS— MAKING OF AND RETURN OF. (Sec. 169.) Par. 4. The Board of Assessors shall make an assess- ment according to said order and make out an assessment roll in which shall be entered the names of the persons owning the real estate so assessed, the description of the property on which the assessment is made, the amount assessed thereon respectively, and in asses'^ments for street or sewer improvements under paragraph two of this title, where the expense thereof is to be defrayed in the first instance by the proceeds of street or sewer improvement bonds, they shall divide each assessment into such number of equal parts as the Common Council shall have ordered, and in case any lots or parts of lots shall be occu- pied and belong to any person residing in said cit}\ such person shall be assessed for the same and his name entered accordingly with the value thereof and the amount assessed thereon, and lots that maj' be owned by non-residents of said city shall be assessed in the same man- ner to the owner thereof. The said assessment roll shall be sub- scribed by said Board of Assessors, or a majority of them who acted in the premises, and returned as speedily as possible to the Common Council. RETURN OF ASSESSMENT ROLL— ADVERTISING OF BY CITY CLERK- APPEALS FROM. (Sec. 170.) Par. 5. Upon such return being made and filed the city clerk shall cause notice of the names returned to his office to be published in one of the newspapers of the city for such time as the Common Council shall direct, provided that there shall be at least two publications before the roll shall be acted upon by the Common Coun- cil. The Common Council will on such day as it shall have appointed for the hearing, of any appeals, or upon any day to which the same may be adjourned, proceed to hear such appeals. Every appeal shall be in writing and shall state the specific grounds of the appeal and the matters therein complained of, and no other matters shall be con- sidered by the Common Council. Such appeals shall be filed in the S3 office of the city clerk on or before the first day for the hearing of appeals and be a part of the public records of his office. HEARING ON APPEAliS— DISPOSITION OF— CORRECTIONS IN ROLL. (Sec. 171.) Par. 6. At the time fixed for the hearing, or ad- journed day thereof, the Common Council shall hear the allegations and proofs of all persons who may complain of such assessment and rectify and amend the said assessment list and the assessments con- tained in said roll, in whole or in part, or they may refer said roll back to said Board of Assessors for correction or may set the same aside and direct a new assessment; and in case the said roll shall be set aside the same proceeding shall be had as herein provided upon the first order of the assessment, or the Common Council may ratify and confirm such assessment without any corrections or with such cor- rections therein as they may think proper; but if no appeals shall be made from such assessment at the day appointed for that purpose, the Common Council shall ratify and confirm said roll after making such corrections in said assessment list of names and descriptions of real estate as it deems necessary and proper: Provided, however, that nothing herein contained shall prevent said Common Council from setting aside said roll and ordering a new assessment on account of any illegality, imperfection or irregularity in any proceeding prior to the making of said roll, or on account of failure on the part of said Board of Assessors making said assessments to assess the entire dis- trict ordered to be assessed by said Common Council. A certified copy of said assessment roll confirmed as aforesaid and as hereinbefore provided shall be delivered to the city treasurer by the city clerk, who shall take the receipt of the city treasurer therefor and endorse thereon the tiuie of such delivery. ADVERTISING OF ASSESSMENT ROLLS BY TREASURER— LENGTH OF TIME FOR PAYIWENTS— PERCENTAGE ADDED. (Sec. 172.) Par. 7. The city treasurer shall thereupon give notice by publication once a week for three successive weeks in a newspaper published in said city of the receipt of such assessment roll, and that the same will remain in his office for the space of twenty days after the first publication of said notice during which time he will receive the payments of assessments made thereon, without extra charge. The city treasurer shall give receipts to all persons who shall pay their assessments to him before the expiration of said twenty days and shall endorse the same so paid to him on such roll. Immediately after the expiration of said twenty days, said city treasurer shall cause to be served upon each person, firm, company or corporation whose name appears on such roll as not having paid the tax assessed against him or it within the twenty days above named, a written or printed or partly written and partly printed notice specifying the amount of the tax assessed against him or it, ^yith two per cent, added for col- lection fees, and giving notice that after the expiration of thirty days from. the date of said notice a further sum of three per cent, on the original tax will be added to all taxes remaining unpaid on said roll at such date as a collection fee. Such notice shall be served by sending the same through the niail with the postage prepaid thereon duly directed to the person, firm, company or corporation, as assessed. The said city treasurer shall make proof of such service upon the roll by setting out a copy thereof and the names of the several persons upon whom the manner by which such service was had, and certify the same under his hand. 54 MAYOR'S WARRANT— TREASURER TO COLLECT! DN. (Sec. 173 ) Par. 8. At the time of the delivery of the roll to the city treasurer the mayor shall attach his warrant thereto command- ing the city treasurer to collect all taxes therein contained together with the fees hereinbefore described, within ninety days from the date thereof. It shall be his duty to add to said assessment two per cent, to the original tax on all sums not paid within the twenty days aforesaid and the further sum of three per cent, if not paid within thirty days from the date of said notice, which said sums of two per cent, and three per cent, added to said original assessment shall there- after remain a part of the same. , DATLY DEPOSITS BY TREASURER— FEES, DISPOSITION OF, (Sec. 174.) Par. 9. Said city treasurer shall deposit all taxes and fees collected by him daily in the city depositary or depositaries, or as the Common Council shall direct, and shall proceed in the collec- tion thereof in the same manner as in the collection of State, County or municipal taxes within the corporate limits of the city, except as herein otherwise provided. In the case of assessment rolls for street improvements under the provisions of Section two of this title, and where the assessments therein are divided into equal parts and are pa3-able in installments under the provisions of Section two of this title, the said warrant shall command the collection of the several in- stallments of the said assessment as the same shall have been divided in said assessment roll, and the treasurer's notice shall correspond thereto. All fees received by the city treasurer in conformity with the provisions of this title shall belong to the city and be paid into the city treasury to the credit of the general fund of the city. UNDIVIDED INTERESTS— HOW SAME MAY BE PAID. (Sec. 175.) Par. 10. Any person owning any undivided share or other part or parcel of real estate assessed in one description may pay the tax on the part thus owned by paying an amount having the same relation to the whole tax as the part on which payment is made has to the whole parcel. The person making such payment shall accurately describe the part on which to make payment, and the receipt given and the record of the receiving officer shall so show such description and bj' whom paid; and in case of the- sale of the remaining part for non-payment of the assessment, such person making such payment may purchase the remaining part or parts in like manner as any dis- interested person could purchase the same. PAY^IENT OF ANOTHER'S TAX, ETC.— RECOURSE IN LAW— STREET RAIL- WAY ASSESS3IENTS, COLLECTION OF. (Sec. 176.) Par. 11. Where any such assessment shall be made upon or paid by any person, when by agreement or by law the same ought to be borne or paid by any other person, it shall be lawful for the one so paying to sue for and recover of the person bound to pay the same, the amount so paid, with interest. When any assessment is made against any street railway company, or the same shall become due by reason of any franchise given to said street railway company, and the samle shall not have been paid within the time fixed for the collec- tion of taxes in said warrant, an action of assumpsit may be insti- tuted in behalf of the city in the proper court to recover the amount of said assessment or assessments, or that shall be due the city under the franchise of said street railway company. 55 REFUND OF OVER-COLLECTIONS. (Sec. 177.) Par. 12. If upon the completion of any such improve- ment for which such assessment shall have been made, it shall appear that a greater amount has been assessed and collected than is neces- sary to pay the expenses thereof, the Common Council shall appor- tion such excess among the persons and property assessed in propor- tion to the amount collected of them, and shall pay the same to such persons entitled thereto on demand. CHANG1N(; OF ORIGINAL, PLANS— WHEN SAME MAY BE DONE— ADDI- TIONAL ASSESSMENT AND DISTRICT. (Sec. 178.) Par. 13. The Common Council and Board of Public Works may change the plans and specilications of the work, for the payment of which said assessment is ordered to be made, and may add to or diminish the same at any time before the completion of the assessment roll therefor by the Board of Assessors, but not after- wards; and if it shall appear that a greater sum of money has been expended in the completion of such improvement than was estimated as aforesaid, the Common Council may direct the assessment of the same on the owners of the real estate benefited by such improvement in the same manner as above herein described, and the same pro- ceedings in all respects shall be had thereon, and the Common Coun- cil may in its discretion enlarge the territory or district to be assessed for such improvements. CONSTRUCTION OF SIDEWALKS— ORDERING OF BY COUNCIL— BUILDING OF BY CITY— MARSHALS DUTY CONCERNING SAME. (Sec. 179.) Par. 14. Whenever the Common Council shall deem it expedient to construct any sidewalk within the city, it may by ordinance or otherwise, require the owner of any lot or premises ad- joining thereto, or fronting or abutting thereon, to construct such sidewalk in front of or adjoining such lot or premises. The Com- mon Council in like manner may. by ordinance or otherwise, under such penalties as it may prescribe, require the owner to repair or reconstruct such sidewalks in front of or abutting thereon or adjoin- ing his premises, in such manner as it may direct. If such owners shall neglect or refuse to make, repair or reconstruct any sidewalk in front of or adjoining his premises within such reasonable time as the Common Council shall prescribe, it shall be lawful for said Com- mon Council, upon proof being filed with the city clerk of said city of the failure of the owner of such property to comply with the re- quirements of said Common Council, to cause the- same to be done at the expense of the city, and an accm-ate account of the expense thereof shall be certified to by the marshal, who is hereby authorized by virtue of his office to make, repair or reconstruct such sidewalk, or cause the same to be done under the direction of the Common Council, and to file such account in the office of the city treasurer and a duplicate thereof in the office of the Board of Assessors within five days after such work shall have been done. Said account so certified to by said marshal shall contain an accurate description of each parcel of real estate abutting thereon or adjoining thereto, and which was so made, repaired or reconstructed, the expense thereof, and also the name of the owner of the real estate, if known, and if not known, such fact shall be so stated in such account. 56 KEXrKX OF rXPAIl) ACCOlNTiS BY THKASIRER— KOI.I.S TO BK MADE. (Sec. i8o. ) Par. 15. It shall be the duty of the city treasurer on the third Monday in July, October and January' in each year to re- port to the Board of Assessors the said accounts then remaining unpaid, and the Board of Assessors shall place the same in an assess- ment roll, together with ten per cent, of each account to be added thereto which said assessment roll shall be returned and reported by said board to the Common Council, and shall be in substance the same as the assessment roll provided for by this title in cases of assessments to defray- the expense of public improvements upon districts deemed to be benefited thereby, except that it shall not be necessary to place any valuation upon the real estate described in said roll. Said assess- ment roll shall be subject to appeals therefrom to the Common Coun- cil, and notice of such appeals shall be filed with the cit}' clerk stating the several grounds upon which appeal is taken, and such appeals shall be heard by the Common Council as in cases of other assessments provided for in this title; and all the provisions of this title relative to the hearing and action by the Common Council on such appeals shall be applicable thereto, and said rolls shall be subject to ratification and confirmation by the Common Council as in other cases provided for in this title. Such expense of making, repairing and reconstruct- ing sidewalks as aforesaid, together with such percentage added as aforesaid shall be and remain a lien upon such real estate until the same is full}- paid. AFFIXING OF C'ERTIFICWTp: BY CITY CI>EKK— :>IAYOR TO ANNEX AV.AR- RANT— COM3I.\NI)IN(; TREASFRER TO COLLECT. (Sec. 181.) Par. 16. The city clerk shall sign said roll and annex his certificate thereto, and the mayor shall within ten days thereafter- annex his warrant to said roll commanding said treasurer to collect said assessments within sixty days from the date thereof. All provisions of this title relative to the return and sale of real estate for the unpaid assessments thereon are hereby' made applicable to sidewalk assessments. LANDS ACQFIREI) BY TAX SALE— TREASURER TO CERTIFY TO COMP- TROLLER. (Sec. 182.) Par. 17. The city treasurer shall certify to the city comptroller lists of all lands acquired by the city on tax sales. LIABILITY OF OWNERS— REFUSING TO COMPLY* WITH ORDINANCES OR RESOLUTIONS OF COUNCIL. (Sec. 183.) Par. 18. Whenever the owner of any real estate in said city shall refuse or neglect to comply within such reasonable time as the Common Council shall appoint to conform to any ordinanc resolution or other order of the Common Council in relation to the removal of encroachments upon the public streets of said city, or upon the real estate belonging to the city, or shall refuse to comply with any of the provisions of the statutes of this state, or to conform to any regulation in relation to public streets or the real estate belonging to the city, in pursuance of the statutes of this State or the ordinances of the city, it shall be lawful for the city of Grand Rapids through its Common Council to cause the removal of any encroachment or the enforcement of any such regulation and the compliance with said pro- \isions, and to recover the amount of such expense with any damages incurred by the city on account of such refusal with costs of suit in an action debt or assumpsit from the owner of such real estate, and 57 the same shall be a personal charge against the owner of such real estate and its appurtenances. Such claim shall also be a lien upon such real estate and its appurtenances until paid, which lien may be enforced under and in accordance with the provisions of this title in relation to the construction and repair of sidewalks by the city of Grand Rapids. TREASURER'S DUTIES— REGARDING UNPAID ASSESSMENTS. (Sec. 184. J Par. 19. Ninety days after any assessment roll has been placed in the hands of the city treasurer for collection without a further time shall have been granted to him to make collections of assessments on such assessment roll by resolution of the Common Council passed to such effect and duly entered upon its minutes, and at the expiration of such further time, if granted, he shall file in his office a complete list of real estate upon which the assessments have not been paid or collected, with a statement to whom each parcel of real estate was assessed, and describe such real estate and give the amount of the assessment together with the collection fees as added upon each parcel; and he shall annex thereto a certificate substantially in the following form: "I hereby certify that the above list contains a true and accurate statement of each parcel of real estate, and the assessment and collection fees thereon remaining unpaid, and the names of persons to whom each parcel was assessed," and the im- provement or work on account of which such assessment was made shall be named in such certificate. SALE OF REAL ESTATE FOR UNPAID TAXES — ADVERTISE- MENTS, ETC. (Sec. 185.) Par. 20. Within sixty days after the return of said list the city treasurer shall cause said list to be inserted in a news- paper printed and published in said city, together with a notice in sub- staiice as follows: "It appearmg from the return and list of the city treasurer that the assessment and collection fees on the above de- scribed parcels of real estate remain unpaid, notice is hereby given that said real estate will be exposed for sale in separate parcels, at public aution on the day of A. D. 19. . . . at 10 o'clock in the forenoon at the front door of the County Court House in said citj- of Grand Rapids, and sold to the highest bidder for the purpose of collecting said assessments and interest thereon and one dollar for the cost of selling each lot or parcel." Said date of sale shall be at least thirty days after the first publication of said notice and shall be inserted in said paper at least once in each week during that time. Such sale may be postponed by the treasurer from time to time by public proclamation thereof, made at the time and place of sale and by inserting notice of such postponement in the paper containing said notice next under said notice of sale; and if for any cause such sale shall not take place at the time in such notice specified, or at the time to which it may be postponed, the Common Council may direct said treasurer at any subsequent time to re-adver- tise and sell said real estate in manner and form as aforesaid. COUNCIL >LAY COLLECT FOR CLEANING OF STREETS AND SIDEWALKS .AND NUISANCES THEREON, (Sec. 186.) Par. 21. The Common Council is hereby authorized to assess the real estate of residents and non-residents of the city their just proportion of the expense for cleaning and repairing streets, highways, alleys, lanes, courts, public places, public grounds and side- 58 walks, and for removing nuisances therefrom. It shall in all cases be the duty of the owner or occupant of real estate in the city adjoin- ing any sidewalk or abutting thereon, to keep such sidewalk in good repair, and to remove and clear away all dirt, wood, snow and ice, and other obstructions therefrom, and not to permit the same to remain thereon, and upon his failure to do so, the Common Council may cause the same to be done at the expense of the city, and such expense shall be assessed upon such real estate, and the amount so assessed shall be collected in the same manner, and the same proceedings shall be had in case of the non-payment of the same as is provided in this title, and such expense shall be a lien upon such real estate and may be enforced in the manner provided in this title for the repairing or building of sidewalks. TAX SALES— RECORDS OF— CERTIFICATES OF— (Sec. 187.) Par. 22. The city treasurer shall attend said sale and t as auctioneer. Said auctioneer shall sell all lots or parcels of real .nent due. and the cost due. each separately, and the amount of his bid, which certificate shall contam a statement that said purchaser will be entitled to a deed of the real estate described therein at the expira- tion of one year from such sale, unless the same shall sooner be redeemed. The city treasurer shall receive anj' assessment, percent- age and costs due, at any time before the sale of the real estate upon which the same was assessed. The costs, if paid before sale, shall be fifty cents on each parcel so paid, the costs of advertising and the fees for collection prescribed in said roll. TAX SALES— PARCELS BID IN BY CITY— TRANSFER OF FUNDS. (Sec. 188.) Par. 23. In case no person shall bid at such sale the amount of the assessments and costs on any lot or parcel so exposed for sale, the same shall be struck ofif to the City of Grand Rapids, and the city treasurer shall certify to the Common Council at its next regular meeting a statement of the lots or parcels so struck ofif to the city, the amiount for which each lot or parcel so struck ofif was as- sessed, and the amount of cost chargeable to each lot or parcel. The Common Council shall order any such assessment, with the costs thereon, to be paid out of the general fund of said city, and the city treasurer shall thereupon transfer from the general fund to the proper special fund the amount specified in said order. TAX SALES— REAL ESTATE TO BE SOLD TO HIGHEST BIDDER, ETC. (Sec. 189.) Par. 24. All real estate ofifered for sale for unpaid assessments under the provisions of this title shall be offered and sold to the highest bidder; Provided, That no bid shall be received for a less amount than the assessment, and collection fees added, and the costs of sale and advertising together with all other costs and charges legally chargeable against said real estate under the provisions of this title. In case a greater amount is bid for any lot or parcel of real estate, and the same is sold, than the amount of the assessment and costs and charges against the same, the surplus shall be deposited with the city treasurer, whose duty it shall be to keep the same for the benefit of the person or persons entitled thereto. 59 TAX SALES— I'KOVJSION IX CASK AMOVNT BID EXCEEDS TAX. (Sec. 190.) Par. 2^. In case any person or persons entitled to said srrpii'.s money shall present to the Common Council sufficient proof by aliidavit, and such other proof as may be required by said Common Council, of his right thereto, and the Common Council shall be satisfied that the person claiming the same is lawfully entitled thereto, it shall order a warrant to be drawn upon the city treasurer in favor of said claimant for the amount thereof; Provided, That said Common Council may, if it deem the same expedient, before it shall allow such claim, require of such claimant a bond of indemnity to the City of Grand Rapids in a penal sum of at least twice the amount of such surplus mimey claimed, with good and sufficient sureties to be approved by the ComnKMi Council, conditioned to save the city of Grand Rapids ha'mle.ss against all suits and proceedings, damages, costs and charges, which may be brought, recovered, sustained or in any wise incurred by reason of allowing or paying over such surplus money to such claimant, which bond, if approved shall be filed with the city clerk; Provided. That the City of Grand Rapids shall in no case be liable to pay interest on any surplus money deposited as aforesaid. TAX SALES— rede:\iptiox of. (Sec 191.) Par. 26. Any distinct parcel of real estate sold under the provisions of this title may be redeemed at any time within one year from the date of sale thereof by paying to the city treasurer the amount for wdiich it was sold, together with one per cent, of such amount to be added thereto for each month from the date of sale until the time of redemption thereof. TAX SALES— RECORDS OF. (Sec 192.) Par. 27. Said city treasurer shall keep and preserve in his office all books, papers and documents in relation to such as- sessments, the sale of real estate for the non-payment of the same and any redemption thereof, and the same shall be prima facie evidence of the matters contained therein. TAX SALES— DEEDS FOR. (Sec. 193.) Par. 28. In case said lands shall not have been re- deemed as aforesaid, it shall be the duty of the mayor of said city to execute and deliver to the purchaser a deed of the preiriises, which deed shall be in substance as follows: "Whereas, on the day of A. D. 19. . . . at a public sale made by the treasurer of the City of Grand Rapids, for assessments duly assessed by said city for the following purposes, A B became the purchaser of the following described real estate, to wit : for the sum of dollars, that being the amount of the assessment, costs and interest of the Now. therefore, know all men by these presents that I mavor of said city, in consideration of the premises hereby grant, bargain, sell and convey unto the said A B his heirs and assigns, all right, title and interest obtained by the city in said sale in the real estate above described, as so purchased by him, to have and 60 lo liold the same to the said his heirs and assigns forever. Witness my hand and the seal of said citv this day of A. D. igo. . ." TAX SALHS — I>KKI)S KOK. (Sec. 194.) Par. 29. Deeds on all sales imder this title shall be acknowledged as other conveyances, and when executed and acknowl- edged as aforesaid, shall vest in the purchaser the title to said land, and such deeds shall be prima facie evidence of the existence and regularity of all such prior proceedings leading up to said sale. Such deeds shall be countersigned by the comjitroller. ASSKSS.AIKXT KOM.S— FILIN(; OF— COPIES— \VARK.4NT—COKRECTION OF ERRORS. (Sec. 195.) Par. 30. The assessment rolls made pursuant to the provisions (jf this title shall be filed in the office of the city clerk, and a true copy thereof shall be nuade to which the warrant of the mayor shall be annexed for the collection thereof. In case of the loss or de- struction of the said copy, a new one may be made to wdiich the war- rant of the maj'or shall be attached and such new copy shall be as valid for all purposes as the first copy would be had full proceedings been taken under it. If any assessment made for any improvement under this title and herein provided for be set aside or adjudged void or illegal by a court, or otherwise, or if there are defects or errors in respect to. the roll itself, or in the proceedings prior thereto, the Common Council may by order set aside the same, and go back far enough to correct th« proceedings and make a new roll. ASSESSMENT ROLLS- COLLECTION OK. (Sec. 196.) Par. 31. In proceeding to collect an assessment upon a roll made as aforesaid the city treasurer shall credit on such roll all sums paid by any person, and shall mark "paid" all the real estate or an}^ distinct parcel thereof, which is separately assessed upon which the assessments have been paid, and shall then proceed to collect the unpaid assessments thereon in the manner directed in hi? warrant. The city treasurer shallmake return therefif in the manner hereinbefore directed in reference to other assessment rolls. ASSESSMENT ROLLS— EXTENSION OF TIME FOR COLLECTION OF— UNPAIIJ ORDERS ON, ETC. (Sec. 197.) Par. 32. The Common Council may at any regular meeting, by a vote of a majority of all the aldermen-elect, extend the time for the collection of any assessment roll in pursuance of tjie provisions of this title, from time to time, beyond the time fixed in the warrant of the mayor and upon the granting of such extension, the provisions of this title shall apply to said roll in the same manner, as near as may be, as if such extension had not been granted, and like proceedings shall be taken thereunder. The City of Grand Rapids shall be liable for interest at the legal rate per cent, on all orders which shall have remained unpaid for four months after the date of issue, pro\ide(J that said orders shall have been presented to the city treasurer and payment thereon demanded in which case it shall be the duty of the city treasurer to endorse on the back of said order "Pre- sented for Payment," and also the date of such presentation and de- mand, which endorsement shall be signed by the city treasurer in his official capacity. 61 ASSESSMENT ROLLS— ALIAS WARRANT. (Sec. 198.) Par. 33. If for any reason not going to the validity of such assessment roll the time for the collection of any assessment thereunder shall expire before all the assessments therein contained shall have been collected, the Common Council, by a vote of a major- ity of all the aldermen-elect, may instruct the mayor to attach an alias warrant thereto and fix the time for the running of such alias warrant, which said alias warrant shall be the same in form and substance as the original warrant, except that it shall be therein indicated to be an alias warrant, and shall command the city treasurer to collect the bal- ance of said assessments then remaining uncollected, as are collectible, under the provisions of this title, and the powers, duties and obliga- tions of the city treasurer under the alias warrant shall be the same as they they were under the original warrant . CITY TO PURCHASE LANDS AT TAX SALES. (Sec. 199.) Par. 34. The City of Grand Rapids is hereby author- ized and empowered to purchase all parcels of land which shall 'be ad- vertised and oflfered for sale under the provisions of this title which shall not be sold as aforesaid, and in case the same is not redeemed as provided by law, to receive a deed thereof, and to hold, occupy and en- joy, use. possess, lease and convey the same as fully and as completely as a natural person might or could do. TAX DEEDS TO CITY. (Sec. 200.) Par. 35. Whenever any lots, parts of lots or parcels of land shall be struck off to the City of Grand Rapids as provided in the preceding section, and the same shall not have been redeemed within the time hereinbefore provided, a deed or deeds shall be made to the city as near as may be in the form prescribed hereinbefore, and such deed so executed and acknowledged shall vest the fee of the land described therein in the city of Grand Rapids, divested of all prior claims and encumbrances. PROTECTION OF CITY'S TITLE IN EQUITY. (Sec. 201.) Par. 36. The city of Grand Rapids may maintain an action of ejectment to recover possession of any lands to which it may have obtained title at any tax sale or sales, against any person in pos- session thereof claiming adversely. The City of Grand Rapids being in possession of any of said lands to which it has obtained title as aforesaid, may file a bill in equity in the proper court to quiet and establish its title, and free the same from cloud against any person or persons claiming an interest therein hostile to the city's title. COMPTROLLER TO LEASE AND NEGOTIATE SALE OF PROPERTY PUR- CH.^SED BY CITY. (Sec. 202.) Par. 37. It shall be the duty of the city comptroller as soon as the city of Grand Rapids obtains title to any real estate under the provisions of this title, to lease the same upon the best terms he can secure for a period of time not exceeding three years, unless further time be authorized by the Common Council, reserving in such lease the right of said city to sell the real estate embraced therein at any time during the continuance thereof. It shall also be his duty to negotiate terms of sale for such real estate, and to report such terms to the Common Council, and if the Common Council shall approve thereof, it may order a conveyance to be made in accordance therewith. COMPTROLLER TO REPORT LIST OF REAL ESTATE OWNED BY CITY AXD COLLECT RENTS DUE ON SUCH LANDS. (Sec. 203.) Par. 38. It shall be the dutj' of said city comptroller to report in writing to said Common Council at least once in six months and as much oftener as the Common Council shall require, a particular description of all the real estate owned by the city in pursuance of the provisions of this charter, and if any of said real estate is leased, he shall so state in his report to the Common Council, and the terms of such lease or leases, and also the amount realized on the same respectively. It shall also be his duty to attend to the collection of the rents due on such parcels of land, and he shall pay all sums so collected without delay to the city treasurer. COMPTROLLER TO PROTECT CITY'S TITLE BY PURCHASES AT OTHER SALES, ETC. (Sec. 204.) Par. 39. Said citj'- comptroller shall as far as pos- sible protect the title of the city to said real estate, and for that pur- pose shall purchase the same at any sale for state, county or municipal taxes or assessments, when advisable, and the said city is hereby authorized to become the purchaser of such real estate at any such sale. . MONEY PAID ON ACCOUNT OF REAL ESTATE TO BE PLACED IN GENERAL FUND. (Sec. 205.) Par. 40. All moneys received on account of real estate owned by said city, the title to which is vested in the city in pursuance of the provisions of this title, shall be paid into the city treasury, and placed in the general fund. PAYMENT OF AMOUNT BID AT A TAX SALE— 48 HOURS' TIME— PROVI- SION IN CASE OF NON-PAYMENT. (Sec. 206.) Par. 41. The purchaser at a sale made in accord- ance with the provisions of paragraph twenty of this title, shall, if the city treasurer requires it, make immediate payment of the amount of his bid, and in case of his neglect or refusal to make such pay- ment, the treasurer may declare the bid canceled, and ofifer the real estate for sale again. In case any person neglects or refuses to paj' any bid made by him as aforesaid, he shall not thereafter be entitled to bid further at said sale. In all other cases the purchaser shall pay the amount of their respective' bids within forty-eight hours after the sale is closed. In case any purchaser shall fail to pay the amount of his bid within forty-eight hours any other person paying such amount shall have a certificate of sale issued to him in accord- ance with the provisions of paragraph 22 of this title; but if no such person pays such amount said real estate shall be set down as struck off to the city of Grand Rapids in the same manner and to the like effect as if there had been no bidders for such real estate at such sale. PURCHASERS BEFORE RECEIVING TAX DEED— TO PAY ALL PREVIOUS UNREDEEMED TAX SALES. (Sec. 207.) Par. 42. If in any event it shall occur that any real estate is advertised for sale under the provisions of this title and shall be struck oflf to a purchaser other than the city of Grand Rapids, and at the same time the whole or any part thereof, has heretofore been struck ofif to the city of Grand Rapids on account of any previous un- 63 paid tax or assessment, and the wliolc of sucli real estate, or any part thereof as aforesaid, sliall remain nnredeemed from snch previous unpaid tax or assessment at the time that said purchaser on the sale tirst hereinbefore mentioned shall become entitled to receive a deed of said real estate, he shall before receiving said deed, pay to the city treasurer the full amount of all such previous unpaid taxes and assessments, costs and charges, for which said real estate or any part thereof shall have been struck off to the city of Grand Rapids, and which remains unredeemed as aforesaid, anything in this title to the contrary notwithstanding. All bids made at any sale of real estate as provided for in this section shall be deemed to be made subject to the provisions thereof. COKKECTION OF ERRORS IN DESCRIPTIONS OF REAL ESTATE. (Sec. •208.) Par. 43. Whenever the Common Council shall dis- cover that any real estate on which any ta.x or assessment remains unpaid has been so imperfectly or erroneously described that the same cannot in its opinion be located with certainty, or that the sale thereof would not convey to the purchaser a valid title to the real estate intended to be charged with such assessment by reason of the imperfect or erroneous description thereof, the Common Council shall by an order entered in its minutes, accurately describe such real estate intended to be charged with such tax or assessment, and shall direct the city treasurer to correct the assessment roll on file in his offlce containing such imperfect or erroneous description so as to make it correspond with the accurate description contained in said order of the Common Council, and thereupon all copies of such assessment roll required by the provisions of this act to be made shall be made to correspond therewith as corrected: Provided, That no such imperfect or erroneous description shall be corrected until the owner of the real estate shall be notified of such intended correction by a printed or written or partly printed and partly written notice, either served upon him personally, or by leaving the same at his place of abode with some suitable person of proper age and discretion at least three days before such correction shall be made. In case such owner is a non-resident of the city, such notice shall be published in one of the newspapers of the city at least three days before such correction shall be made. SAI>E OF BUII^I)IN(iS, ETC., ON PROPERTY TAKEN FOR OPENING STREETS. ETC. (Sec. 209.) Par. 44. Whenever in the laying out. establishing, opening, extending, widening or straightening any highway, street, avenue, lane, alley, public ground or spaces in said city, any build- ings or parts thereof, or other appurtenances to the realty shall be taken and condemned, it shall be the duty of the Common Council of said citj^ to dispose of the same either at public or private sale as soon as possible after the title is vested in the city for the best price that can be obtained therefor, and distribute the net proceeds thereof among the persons whose property were assessed for the benefits received in making such improvement, in proportion to the amount collected of them for such benefits, and pay the same to such per- sons on demand after such sale and the receipt of the proceeds there- of: Provided, however, that when any part of the damages and com- pensation is assessed to the city of (irand Rapids a pro rata share of such proceeds shall be paid into the general fund of said city. 64 ERRORS AND O.AIISSIOXS IX MAKINii ASSESSMENTS, ETC., NOT TO DEFEAT CITY IN COLLECTION OF TAX. (Sec. 210.) Par. 45. No mistake or error in the proceedings iji regard to the opening or improvement of streets, avenues, public ways or alle3's or in the construction of sewers, or in the assessment or collection of costs or expenses thereof, or in the proceedings for the assessment or collection of municipal taxes in said city, or any irregularity in any special or city tax roll by reason of the proceed- ings therefor not being had within the time required by law, or the property having been assessed to the wrong owner, or any irregular- ity, informality or omission or want of any matter of form or sub- stance in the proceedings that does not prejudice the property rights of the person whose property is taxed, shall defeat the city in the collection thereof; but any such errors may be corrected on equitable principles under the direction of the Common Council of the city, if discovered before suit is brought thereon or by the court after suit is instituted, and the equitable amount due the city may be enforced as though no such error had occurred. All proceedings in assessing and levying taxes for special improvements and the sale and con- vej-ance of land thereunder shall be presumed by all courts of this state to be legal until the contrary is affirmatively shown. The ab- sence of any record of any proceeding or proceedings, or the omis- sion of any mention in any record of any vote or proceeding or of mention of any matter in any statement or certificate that should appear therein, under the provisions of this act, or of any law of this state, shall not affect the validity of said proceedings, tax or title depending thereon, provided the fact that such vote or proceeding was had or tax authorized is shown by any other record, statement or certificate made evidence by the terms of this act. or any other law of this state. No special tax or proceedings leading up to such tax or sale of property for said tax shall be rendered or held invalid by showing that any record, statement, certificate, affidavit, paper or return, cannot be found in the proper office; and unless the contrary is affirmatively shown the presumption shall be that such record was made and such certificate, statement, affidavit, paper or return was duly made and filed. ASSESSMENTS AGAINST RAILROAD PROPERTY, ETC. (Sec. 211.) Par. 46. All freight houses, roadbeds, rights of way and other premises belonging to any steam railroad or railroad cor- poration or company within the corporate limits of the City of Grand Rapids, which are necessarily used in the operating of the respective franchises of the owners of said railroads, and the person, company or corporation owning the same are liable for all valid unpaid assess- ments for public improvements hereafter made within the city of Grand Rapids and assessed against the same, but no lien shall attach thereon on account of such assessments and the payment of such assessments shall not be enforced and collected by sale of said prop- erty. Assessments of such classes of property shall be made in the same manner as the assessments of other property under the charter of said city for special improvements, and the assessment roll for such special improvement taxes shall be prima facie evidence in any court of the regularity of all proceedings leading up to the assess- ment and the making of said roll. 65 COLLECTION OF ASSESSMENTS AGAINST RAILROAD PROPERTY. (Sec. 212.) Par. 47. All special assessments made as aforesaid against the property of said railroad companies, and the owners thereof, for public improvements, and all installments thereof together with the interest, costs and charges thereon for enforcing the collec- tion of the same, are hereby made and declared legal demands against each and every of said railroad or railway corporations or companies against whose property such assessments are made in favor of the city of Grand Rapids, and if any of said railroad or railway corpor- ations or companies shall fail to make payment thereof within the time payment is required of such special assessments under the roll on which they are extended, then the city of Grand Rapids may insti- tute an action in assumpsit or other proper legal action in any court of competent jurisdiction against the owners of said properties, and if judgment be rendered thereon in favor of said city of Grand Rap- ids, the same may be collected on execution out of any property of said railroad or railway corporations or companies liable to levy and sale on execution. HIGHWAY DISTRICTS— FUNDS FOR AND USE OF SAME. (Sec. 213.) Par. 48. Each of the several wards of said city shall constitute a separate highway district, and each district shall have its separate highway fund, and it shall not be lawful to expend any portion of the highway tax authorized by this act except in the highway district in which it was raised. The money paid into the city treasury to the credit of the several highway funds shall not be used for any other purpose. The money so collected and paid into the city treasury under the provisions of this section, shall be credited to the several highway funds and be expended under the direction of the Common Council by such person or persons and under such regu- lations as the Common Council may determine and adopt in the care, maintenance, cleaning and sprinkling of the streets, highways, alleys, lanes, courts, public places and public grounds in the city. Nothing herein contained shall be construed to authorize the use of such high- way money in the grading and paving of any street, highway, alley, lane, court, public place or public ground in the city. HIGHWAY COMMISSIONERS TO MAKE REPORTS, ETC. (Sec. 214.) Par. 49. The person or persons appointed by the Common Council to superintend the expenditure of highway funds of said city, shall at the regular meeting of the Common Council in each week make a full report of his or their doings and expenditures of such funds during the previous week with vouchers for the same verified by oath or affirmation, and if such statements and reports of expenditures shall be satisfactory to the Common Council, it shall order the payment thereof out of the proper highway funds of the city. RELATlVte TO BORROW^NG MONEY FOR HIGHWAY PURPOSES. (Sec. 215.) Par. 50. The Common Council may borrow on the credit of the city for highway purposes any sum necessary for im- mediate use not exceeding two thousand dollars in any one year, and at a legal rate of interest, which shall be paid from the high- way tax of the district for which it was borrowed. 66 SEWER DISTRICTS— FUNDS FOR AND USE OF SA>IE. (Sec. 216.) Par. 51. All that portion of the City of Grand Rap- ids lying on the east side of Grand River and south of Fulton street shall constitute the first sewer district of said city; all that portion of said city lying on the east side of Grand River and north of Ful- ton street shall constitute the third severer district of said city; and all that portion of said city lying on the west side of Grand River shall constitute the second sewer district of said city. Each sewer district shall have its separate sewer fund and it shall not be lawful to expend any portion of the sewer fund authorized by this act, ex- cept in the sewer district in which it was raised. The amount paid into the city treasury to the credit of each of said sewer funds shall not be used for other purposes. TITLE VII. BOARD OF ASSESSORS. APPOINTMENT OF— TERM OF OFFICE— SALARY OF. (Sec. 220.) Par. i. There shall be three assessors in the City of Grand Rapids who shall be appointed by the mayor and known as "The Board of Assessors of the City of Grand Rapids," each of whom shall hold his office for the term of three years and until his successor is ap- pointed by the mayor and duly qualified, and whose powers and duties shall be as hereinafter provided. Each assessor shall receive a salary not exceeding eighteen hundred dollars per annum, to be fixed by the Com- mon Council of said city, payable monthly out of the same fund and in like manner as other city officers are paid. The member of said Board of Assessors whose term of office shall soonest expire shall be the president of said board. Said Board of Assessors shall have an office furnished for it by the city of Grand Rapids in the City Hall of said city. The assessors shall devote their entire time to the duties of their office. They shall cx-ofhcio be members of the Board of Supervisors of the County of Kent. ASSESSMENT OF REAL, AND PERSONAL PROPERTY. (Sec. 221.) Par. 2. Said Board of Assessors shall before the first Monday in April of each year assess at its true cash value all the real and personal property subject to taxation by the laws of this State in each ward of said city. POWERS OF. (Sec. 222.) Par. 3. Said Board of Assessors shall hare power to demand of every person owning or having in charge as agent or other- wise, any taxable property in any ward of said city, a list of all such property, with such description as will enable it to assess the same; and every cashier or other officer of any bank, trust company or corporation, shall furnish on demand of said board a complete list of all the stock- holders owning shares of stock in such corporation or company and the amount of stock owned by each, and the residence of each stockholder, when known. If such list is not furnished by such person, cashier or other officer, or if any property in such ward is omitted from such list, then said Board of Assessors shall have the power, and it shall be its duty to place upon the assessment roll such property to be assessed as said Board of Assessors, using its best knowledge and information, shall deem the same liable to assessment. NOTICE TO TAXPAYERS OF TIME APPOINTED FOR APPEALS FROM ASSESSMENTS— MANNER OF MAKING APPEAL — WHEN ROLLS ARE TO BE RETURNED TO COUNCIL— EMPLOYMENT OF HELP BY BOARD. (Sec. 223.) Par. 4. It shall be the duty of said board to cause notice to the taxpayers to be published in two newspapers in said city for ten. days prior to the first Monday in April in each year, thdt the assessment 68 rolls will be completed and open for inspection on said first Monday of April and that said board will sit, at its office in the city hall to hear ap- peals from the assessments in said rolls for ten days, beginning the first Monday of April ; that any person considering himself aggriev^ed by reason of any assessment, may 'complain thereof by an appeal in writing which shall be filed with said board during said ten days and not there- after. Every such appeal shall be in writing and state specifically the grounds of appeal and matters complained of, and no other matters shall be considered by said board. The date of the receipt and filing of such appeal shall be endorsed thereon and signed by one of said board in his official capacity, and it shall thereupon become a part of the official records of said board. The said board shall review the assessments complained of and alter or correct the same as to the persons charged thereby, the property described therein and the estimated value thereof. No appeal shall be allowed in whole or in part without the concurrence of a majority of said board. After'having completed the review and correction of said assessment rolls, the said board shall sign the same and add thereto its certificate that the same has been duly completed. On or before the fourth Monday in April in each year, said board shall return said assessment rolls to the Common Council of said city. Said Board of Assessors in performing the duties required in this act shall have power to employ such clerks as may be necessary, the salaries of whom shall be fixed by the Common Council, to be paid from the contingent or general fund. COaiMON COUNCIL, AS BOARO OF BE\^EW— APPEALS TO COUNCIL FR03I ACTION OF BOARD. (Sec. 224.) Par. 5. After receiving said assessment rolls from the Board of Assessors, said Common Council acting as a Board of Review, shall at its next regular session, and at such other sessions as may be necessary, proceed to consider the same, and any person considering him- self aggrieved by the assessment of his property ,and the decision of said Board of Assessors thereon, may appeal to said Common Council acting as such Board of Review. Every such appeal shall be identical in matter with that filed in the Board of Assessors office, and shall be in writing, and state specifically the grounds of appeal and the matters complained of. and no other matters shall be considered by the Common Council acting as such board of review. Such appeals shall be filed in the office of the city clerk within five days after the return of said assessment rolls to the Com- mon Council, and the city clerk shall endorse thereon the date of the receipt and the filing of the same, and thereupon such appeals shall become a part of the official records of his office. The Common Council acting as a board of review shall have power to administer oaths and examine wit- nesses in the same manner as is now, or hereafter may be, conferred upon Township Boards of Review by the general tax laws of this State : Pro- vided, That no appeal shall be entertained by said Common Council act- ing as such board of review, unless the same shall have first been brought to the attention and consideration of said Board of Assessors as aforesaid. Whenever said Common Council shall sit as such board of review, said Board of Assessors shall be notified, and it shall be the duty of each assessor to attend such session or sessions, and each assessor may make such suggestions as he may desire, and shall answer such questions as may be put to him by the members of the Common Council, acting as such board of review, relating to the matters under advisement by said board of review. 69 POWERS OF COUNCIL IN ADJUSTING APPEALS OR ADDING OF ADDI- TIONAL ASSESSMENT. (Sec. 225.) Par. 6. The Common Council, acting as such board of review, shall hear and determine all appeals in a summary manner and correct any clerical error which it may discover in the assessment roll and any error alleged in any appeal that may be well founded, and may place thereon the names of any person or persons and description of any property not already assessed, and may assess the same. NOTICE TO BE SERVED WHEN INCREASE OR ADDITIONAL ASSESSMENT IS MADE. (Sec. 226.) Par 7. No assessment shall be increased or property added to said assessment roll except on written or printed, or partly written and partly printed, notice to the person to be affected thereby. Such notice shall, in case of a resident of said city, either be served personally upon him, or by leaving the same at his place of abode with some suitable person of proper age and discretion at least three days before such action is taken thereon by said Common Council acting as a Board of Review : Provided, That in case of a non-resident of said city such notice shall be published in two newspapers of said city at least three days before any action is taken by such Common Council acting as such board of review. LIMITING OF TLME TO COUNCIL AS BOARD OF REVIEW— MAJORITY VOTE MAY CONFIRM ROLLS— MAYOR TO HAVE DECIDING VOTE ONLY. (Sec. 227.) Par. 8. The Common Council acting as such board of review, may continue the consideration of such assessment rolls and the hearing of such appeals from session to session, not exceeding fifteen days from the time when the same are first taken under consideration, as herein provided, and a vote of two-thirds of the members of such acting board of review shall be necessary to change any assessment made by said Board of Assessors on which an appeal has been taken. On or before the expiration of said fifteen days said assessment rolls, as changed or cor- rected, if any change shall be made, shall be finally confirmed by .said Common Council, acting as such board of review, and shall be the basis of all taxes to be levied and collected in the City of Grand Rapids accord- ing to the property valuations therein stated, until another assessment shall have been made and confirmed as herein provided : Provided, That in finally passing upon said assessment rolls, a majority vote of the memoers of said Common Council acting as said board of review, shall be sufficient to confirm the same; and in case of a tie vote, the mayor of said city, who is hereby authorized and empowered in all cases to preside over said Common Council while acting as such board of review, shall have the deciding vote thereon, but in no other case shall the mayor have a vote in the action of said Common Council as a board of review. CITY CLERK TO KEEP RECORD OF SESSIONS OF BOARD — MANNER OF FINAL DELIVERY OF ROLLS BY HLM TO BOARD OF ASSESSORS. (Sec. 228.) Par. 9. The city clerk of said City of Grand Rapids sh&U be the clerk of said Common Council acting as such board of review, keep the records of its sessions and proceedings and such other records as are necessary to be kept, and it shall be his duty to attach his cer- tificate under the seal of the City of Grand Rapids, to said assessment rolls after the same shall have been finally confirmed by said Common Council, acting as said board of review, certifying that such assessment rolls have been acted upon and confirmed by said Common Council as a board of review, and thereupon it shall be his duty to redeliver said assessment rolls to said Board of Assessors. 70 COMMON COUNCIL TO DETERMINE AMOUNT OF BUDGET — CITY CLERK AND ASSESSORS' DITTIES. (Sec. 229.) Par. 10. It shall be the duty of the Common Council on or before the third Monday in May in each year, to determine by resolu- tion the amount necessary to be raised for city, highway and other municipal purposes, for which said city may legally raise money by tax, for the ensuing year commencing July first of each year, and it shall be the duty of the clerk of said city to certify under his hand and the seal of said city the amount to be raised, to the Board of Assessors within five days thereafter, and it shall be the duty of said Board of Assessors to apportion the amount so to be raised among the several wards of said city according to the property valuation appearing upon the assessment rolls of the several wards as finally confirmed by said Common Council, and thereupon the Board of Assessors shall assess the amount so apportioned as hereinafter provided. MAKING OF THE CITY TAX ROLLS— AND DELIVERY OF SAME. (Sec. 230.) Par. 11. After the amount of taxes to be raised has been certified to the said Board of Assessors, it shall be the duty of said Board of Assessors to make copies of said rolls and to cause the amount of all taxes authorized to be assessed and collected in each year, to be rateably assessed upon the property therein described upon and according to the value thereof as assessed in said assessment rolls. Said assessment rolls shall be known as "The City Tax Rolls," and shall show in separate columns the property assessed, the name of the person to whom assessed, the assessed value and the amount of the city, highway and other municipal taxes. Said rolls shall be completed, footed, balanced, signed, certified by the Board of Assessors and delivered to the treasurer of the city before the first day of July thereafter, and the said Board of Assessors, within the time aforesaid, shall annex their warrant to each of said city tax rolls, signed by the members of said board and directed to the city treasurer, commanding him to collect from the persons named in said city tax rolls the taxes therein set forth in accordance with the mandate of the law in relation thereto and take the receipt of the city treasurer therefor. The Board of Assessors shall at the same time deliver to the comptroller a statement showing the amount of taxes assessed upon each of said rolls, and the comptroller shall make an entry thereof in the books of his office, and charge the gross amount thereof to the treasurer. ADVERTISING OF ROLLS AND COLLECTIONS BY TREASURER— TIME LIJHT— PERCENTAGE. (Sec. 231.) Par. 12. Upon receipt of said city tax rolls by the city treasurer as herein provided, the taxes therein stated shall become a debt due and payable to the City of Grand Rapids, and the city treasurer shall forthwith upon the receipt of such city tax rolls give six days' notice by publication in two newspapers of said city and also by posting the same in at least six public places in each of said wards of said city (which notice shall be a sufficient demand for the payment of all taxes assessed in said city tax rolls), that the same have been deposited with him and that pay- ment of the taxes therein specified may be made to him at any time be- fore the last day of February following thereafter. That no addition will be made to taxes paid before the first day of August thereafter, but that an addition of one per cent, on every unpaid tax will be made thereto on that day, and a like addition of one per cent, on the first day of each month thereafter until such addition shall amount to six per cent, of such tax: Provided, That when a person shall, on or before the 25th day of July, hand to the city treasurer a list of the property on which he wishes to pay 71 the taxes and shall not be able to pay said taxes before the first day of August, on account of a pressure of business in the city treasurer's office, then he shall not be charged any percentage if he pays said taxes by the loth day of August of said year. DUTIES OF TREASITRER— BOXDS, ETC. (Sec. 2:^2.) Par. 13. The treasurer of said city shall collect all taxes including taxes for local improvements assessed upon the whole city or parts or portions thereof, and for that purpose shall give a bond or bonds to said city in such sum and with such sureties as the Common Council shall require and approve ; and such treasurer of said city shall give to the treasurer of the County of Kent, such further security as is or may here- after be required by law of the several township treasurers of the several townships of this State ; and for the purpose of the collection and return of all such taxes including taxes for State and County purposes and the return of property delinquent for the non-payment of taxes, the said city treasurer on giving bonds or security so required, shall possess all of the powers and exercise and perform all of the functions and duties of the several township treasurers of this State, as now exist or may hereafter be prescribed by law, and shall also perform such other duties respecting the collection and return of taxes and special assessments, as this act im- poses. POWER TO liEVY FOR UNPAID TAX, ETC. (Sec. 23^.) Par. 14. On or before the first day of August in each year, and at any time until the taxes hereinbefore mentioned are paid, it shall be the duty of the city treasurer and the clerks and subordinates in his office, designated by him for that purpose, to collect all unpaid taxes which are assessed against any property of whatever nature other than real estate, and if necessary, the said treasurer shall have power to levy upon and sell at public sale any property of any person refusing or neglecting to pay such tax. Whenever any such property is levied upon as aforesaid three full days" notice of any such sale shall be given by the said treasurer, by publication in two newspapers of said city and by posting the same in three public places in the ward wherein such person resides, and any surplus money remaining after the payment of the tax and all interest and charges thereon and all costs and charges of such sale, shall be paid over to the owner of such property or person entitled to receive the same. The city treasurer shall also have the additional power in the name of the City of Grand Rapids to commence an action in assumpsit, or other proper action, in the Superior Court of said city, against any person neglecting or refusing to pay such tax and to whom the same is legally assessed, and enforce any judgment obtained against any such person as the result of such action, by an execution issuing out of the court in which such judg- ment may have been obtained. Said city treasurer shall also use and take all lawful ways and means provided by law for the collection of debts, to enforce the collection of any such tax. The assessment or tax rolls in all cases and under all proceedings provided for in this section shall be prima facie evidence of the indebtedness of any such person and the regularity of . the proceedings by which such tax was assessed. AVHEN TAXES BEC03IE A L,IEX— TO TAKE PRECEDENCE. (Sec. 234.) Par. 15. Every tax levied or imposed by authority of the Common Council, in accordance with the provisions of this act, except where otherwise provided, shall constitute a charge against the person or persons to whom assessed, from the date of the delivery of the city tax rolls to the city treasurer; such tax shall also, together with all interest and charges, become and remain until paid a lien on the land and tene- 72 nients. and upon the persou'il property against which the same is assessed, on and after the day of the delivery of said tax rolls to the city treasurer. The lien against such personal property shall take precedence over any sale, assignment, chattel mortgage, levy or other lien upon any such per- sonal propert}-. except the sale of goods, wares and merchandise of a mer- chant made in the due course of trade or the sale of personal property to a bona tide purchaser without notice, whether such sale, assignment, chattel mortgage, levy or other lien upon such personal property was made before or after such tax was assessed. KEMOVAI.S FROM WARD— TKEASUREK TO COLLECT WHERE LOCATED. (Sec. 235.) Par. 16. In case any person upon whom any tax may have been assessed in any ward of said city for personal estate, shall have removed out of such ward after such assessment, before such tax ought by law to be collected, it shall be lawful for the treasurer of said city to levy and collect such tax of the goods and chattels of the person so assessed in any township of the County of Kent, or in any ward of said city to which such person shall have removed, or in which he shall reside or may have personal property. PERSONAL TAX— TREASURER MAY SUE FOR NON-PAYMENT OF. (Sec. 236.) Par. 17. Whenever any tax shall hereafter be assessed on any city assessment roll or be placed upon any tax roll, for city, high- way, sewer, or other municipal purposes, on personal property, in any ward of said citj-, and shall be returned for non-payment, it shall be law- ful for the treasurer of said city, in the name of the City of Grand Rapids, to sue the person or persons against whom such tax was assessed before any court of competent jurisdiction, and to take all lawful means provided by law for the collection of debts, to enforce the payment of any such tax, or it shall be lawful at any time after such return for the Common Council of said city to direct such personal tax, so returned, to be reassessed by the Board of Assessors, upon the personal or real estate of such person or persons against whom the same was originally assessed. PROPERTY LIABLE TO SEIZURE UNDER EXECUTION ISSUED UPON JUD(iMENT RENDERED. (Sec. 2;i7.) Par. 18. Executions issued upon judgments rendered for any such tax may be levied upon any property liable to be seized and sold under warrants issued for the collection of taxes by supervisors under the general tax laws of this State, as now, or at any time hereafter, in force ; and the proceedings of an officer with any such execution shall be the same in all respects as are now provided by law. ASSESSMENT OR T.VX ROLLS AS EVIDENCE IN CASE OF TRIAL. (Sec. 238.) Par. 19. The production of any assessment roll or tax roll on the trial of any action brought for the recovery of any State, County or school tax, or for the recovery of any city, highway, sewer or other tax for city purposes, either special or general, therein assessed, may upon proof that it is the original assessment roll, or the assessment or tax roll,, with the proper warrant annexed, of any of the wards of said city of Grand Rapids, containing any such tax, be read and used in evidence; and if it shall appear from such roll that there is a tax assessed against the defend- ant in such suit, it shall be prima facie evidence of the legality and regu- larity of the assessment of the same, and the court before whom the case may be pending shall render judgment against the defendant for all the taxes appearing upon said roll to have been assessed to said defendant, unless he shall make it appear that he has paid such tax, and no stay of e.xecution shall be allowed on any such judgment. 73 TREASURER'S DUTIES OX RECEIPT OF PAY3IENT FOR TAXES— UNDI- VIDED INTERESTS DISPOSITION OF— RETURN OF UNPAID ASSESSMENTS— PUBEICATION OF. (Sec. 239.) Par. 20 Upon the receipt of any tax the city treasurer shall mark the same paid upon the proper roll and give receipt therefor. Any person owning an undivided share or other part of real estate assessed in one description may pay on the part thus owned an amount having the same relation to the whole tax as the part on which payment is made has to the whole parcel. The person making such payment shall correctly de- scrrbe the part on which he makes payment, and the receipt given and the record of the receiving officer shall show such description, and by whom paid. Any person having a lien upon real estate may pay the taxes thereon and the same may be added to his lien and recovered with the rate of in- terest borne by such lien. Upon the first day of January following the time when any tax shall become due and payable, the city treasurer shall add to every such tax six per cent, of the amount thereof as stated in the rolls, and the amount of such tax and addition hereinbefore specified shall thenceforth be the unpaid tax and bear interest from said last named day at the rate of ten per cent, per annum until paid, except as herein other- wise provided. On or before the 15th day of January the city treasurer shall add to the assessment rolls of the unpaid tax of each ward an additional column, which shall show the increased amount of such original tax, and shall make a certified copy of the roll containing all unpaid taxes of the several wards in a book furnished for that purpose and deliver the same to the city clerk. Immediately after completing such assessment rolls as last above provided, said treasurer shall cause a notice to be pub- lished in five successive numbers of two newspapers publisjied in said city, stating that said rolls of unpaid taxes have been made and that they will remain in his oftice where such taxes may be paid until the first day of March following, after which the property against which such taxes are assessed sliall be advertised and sold as hereinafter provided. PUBLIC SAUE OF PROPERTY FOR UNPAID TAX— TIME AND PLACE. (Sec. 240.) Par 21. Owners or parties having legal interest in any real estate assessed under the provisions of this title shall be liable to pay every tax regularly assessed thereon, and if the same shall not be paid by the first day of March following the assessment of the same, it shall be the duty of the city treasurer to cause a notice to be published in one of the newspapers of said city at least once a week for four successive weeks requiring the owners or parties having a legal interest in such real estate, to pay such tax, together with all interest and charges thereon, and if default shall be made in paying of the same, such real estate shall be sold at public auction on the second Monday in April thereafter at nine o'clock in the forenoon of that day at the court house in said city, or as soon thereafter as the description of such real estate shall be reached in the course of sale, at the highest price that shall be bid for the same for the pay- ment of such tax together with all interest, costs and charges thereon. Such sale shall be continued from day to day, Sunday and legal holidays excepted, from the hour of nine o'clock in the forenoon until the hour of twelve o'clock noon, and from the hour of one o'clock in the afternoon until five o'clock thereafter of each day until all lands covered bv such delinquent taxes are sold. COST OF ADVEKTIS1N<; LIMITED, PER DESCRIPTION, ETC. (Sec. 241.) Par. 22. The costs of the advertising provided for in the preceding section shall in no case exceed the sum of eighty cents for each description of real estate advertised, and shall be paid out of the gen- 74 eral fund, not otherwise appropriated. Each description of real estate shall be separately exposed for sale for the total amount of the tax, interest, costs and charges thereon, and shall be sold to the person who I)ids the highest price for such real estate : Provided, That no bid shall be accepted for less than the amount of such tax, interest, costs and charges thereon including the costs of sale. REDEMPTION OF PROPERTY SOLD AT PUBLIC SALE— WHEN TI.ME TOR EXPIRES— FORM OF DEED TO BE ISSUED BY CITY TO PURCHASER. (Sec. 242.) Par. 2^. If the owner or persons having a legal interest in any such real estate does not pay such assessment or tax with all interest and charges thereon within the period above prescribed for the publication of such notice, then it shall be the duty of the said city treasurer to cause such real estate to be sold at public auction to any bidder to pay said tax, together with all interest and charges thereon and the costs and charges of said sale, and to execute the proper certificate to the purchaser thereof. If there shall be a sum bid for any such real estate in excess of said tax, and of the interest and charges thereof and all costs and charges of sale, the excess thereof shall be deposited with the city treasurer to be disposed of as hereinafter provided. If such real estate shall not be redeemed with- in one year after such sale thereof as hereinafter provided, the mayor of said city shall in the name of the city, execute and deliver to such purchaser or his assignee the proper deed of conveyance of such real estate, which deed shall be prima facie evidence of the regularity of all proceedings under which said sale is made and deed executed. The said deed shall be substantially as follows : "Whereas, on the day of A. D at a public sale, made by the treasurer of the City of Grand Rapids, for taxes duly assessed by the said City of Grand Rapids, for the following purposes (stating purposes for which the assessment was made), A B became the purchaser of the following described real estate, namely (describe real estate), for the sum of dollars, that being the amount of the tax, interest, costs and charges thereon. Now, therefore, know all men by these presents, that I, C D mayor of said city, in consideration of the premises, do hereby grant, bargain, sell and convey unto the said A B his heirs and assigns, the real estate above described, as so purchased by him, to have and to hold the same to the said A B his heirs and assigns forever. Witness my hand and the seal of the citv this day of A. D. 19.... Signed, sealed and delivered in the presence of C D.... Mayor of the City of Grand Rapids. DEEDS TO HEIRS OR ASSIGNS. (Sec. 243.) Par. 24. In all sales of real estate for taxes as aforesaid, ifthe purchaser or his assigns shall have died before a deed of conveyance of the same shall have been issued and delivered to said deceased pur- chaser or his assigns, such deed of conveyance shall be issued in the name of the deceased purchaser or his assigns, as the case may be, and the same shall be delivered to his or their heirs or devisees, but if delivered to the heirs or. devisees of such deceased purchaser, it shall be subject to the legal claims of all his creditors. In case the executor or administrator shall have assigned such certificate of purchase, then such deeds of conveyance shall be issued and delivered to the person to whom such assignment shall 75 have been nuule, luit suhject to the legal claims of all the deceased's creditors. WHEN CITY TO BKCO.^IE I'lKC'HASEK AT SALE— CONDITIONS WHEN CITY MAY ASSIGN TO OTHERS. ( Sec. 244. ) Par. 25. Such public sale shall be conducted by the city treasurer, but no sale shall be made to any person of real estate, unless such person shall bid the amount of the tax and all interest and charges thereon including the costs and charges of sale. In case no person shall bid the amount of such tax and all interest and charges thereon, together with all costs and charges of sale the said real estate shall be struck off to the City of Grand Rapids, and- the city shall thereby become the purchaser of such real estate. In case any purchaser of such real estate, or any part thereof, upon any such sale shall refuse or neglect to pay the amount bid by him within twenty-four hours after thetime at which such sale was made, any other person who is willing to immediately pay the amount of such bid and take the interest in such real estate which such purchaser was to have for such bid. shall be entitled to have a certificate of sale made out. executed and delivered to him of such interest in such real estate by the city treasurer; otherwise such bid shall enure to the use and benefit of the City of Grand Rapids, and the city shall be the purchaser thereof for the amount of the tax, interest and charges with the costs and charges of sale. TAX SALE CERTIFICATE ISSl El) BY TREASURER. (Sec. 245.) Par. 26. A certificate shall be given by the city treas- urer to each purchaser of any interest in real estate on such sale, contain- ing an accurate description of the interest so purchased, the year and the tax for which such purchase was made, the amount of such tax, interest and charges thereon, with the costs and charges of sale ; the date of sale, and also stating that sudi purchaser will be entitled to a deed thereof within one year from the date of such sale. The city treasurer shall date and sign said certificate. DEEDS AS PRIMA FACIE EYIDENCE. (Sec. 246.) Par. 2J. Deeds for all sales for taxes assessed on real estate under this act shall be witnessed and acknowledged and when so witnessed and acknowledged and delivered shall vest the title in fee to such real estate in the purchaser thereof or his heirs or assigns, and such deed -of conveyance shall be prima facie evidence of the existence and regularity of all prior proceedings that might be otherwise required to be proven in order to establish the title in the purchaser thereof. BIDS IN EXCESS OF CLAIM— BALANCE TO REYERT TO PROPERTY OWNER UPON PROOF— BOND OF INDEMNITY. (Sec. 247.) Par 28. In case a greater amount is bid for any real estate and the same is sold, then the amount of such tax or assessment, interest and charges thereon, and costs and charges of sale, shall be de- posited with the city treasurer, whose duty it shall be to keep the same for the benefit of the persons entitled thereto. Any person entitled to such excess shall present to the Common Council of said city, proof by affidavit, and such other evidence as the Common Council may require, of his claim thereto, and the said Common Council, if satisfied that the person claim- ing the same is lawfullv entitled thereto, shall order a warrant to be drawn upon the treasurer in favor of such person for the amount thereof, which warrant shall be signed by the clerk of said city and countersigned by the 76 city comptroller, and shall be paid l)y the treasurer upon presentation of the same : Provided, That the said Common Council may, before it shall allow such claims or order it to he paid, require of such persons a bond of indemnity to the City of Grand Rapids in a penal sum of at least twice the amount of the excess claimed, with good and sufficient sureties, to be ;ipproved by said Common Council, conditioned to save the city harmless and indemnify it against all suits and proceedings, damages, costs and charges which may be brought, recovered, sustained or in any wise in- curred by reason of the allowing or paying over such excess to such per- son. And. provided further, that the City of Grand Rapids in any case shall not be liable to pay any person claiming such excess any interest thereon. KEDEMPTIOX AFTER SAIvE— RATE OF INTEREST. (Sec. 24S. ) Par. 29. Any real estate sold under the provisions of this act, or any distinct parcel thereof which is separately assessed, may be redeemed at any time within one year after the date of sale of the same by paying to the city treasurer the amount for which it was sold with in- terest at the rate of eight per cent, per annum ; and .said treasurer shall keep account of such payments in books to be furnished and kept in his office as official records thereof, which books shall be prima facie evidence of the matters hereby required to be entered therein. CITY TREASURER TO CERTIFY TO CITY CLERK— PAYMENTS OF TAX, ETC. (Sec. 249.) Par. 30. Whenever any payment is made to the city treas- urer for taxes or for the redemption of any real estate sold for taxes, after the certified copy of the roll containing all unpaid taxes of the several wards shall be certified to, the city clerk, as provided in paragraph 20 of this title, he shall give a receipt therefor to the person making such pay- ment and immediately make a duplicate thereof, duly certified by him to be a true and compared copy of such receipt, and deliver the said duplicate to the city clerk who shall keep the same as a part of the official records of his office : and said city clerk shall enter the substance of the same in a book to be kept by him for such purpose and such book shall be a part of the official records of his office. MONEY ACQUIRED FROM SALE OR REDEMPTIONS— TO BE PLACED IN GENERAL FUND. (Sec. 250.) Par. 31. All moneys realized from the sales of any prop- erty together with that received from the redemption of real estate, both as hereinbefore provided in this title, shall be received by the treasurer of said city and placed to the credit of the general fund. TREASURER TO CERTIFY TO COMMON COUNCIL PARCELS OF LAND STRUCK OFF TO CITY. (Sec. 251.) Par. ,^2. In case the City of Grand Rapids shall become the purchaser of any real estate, on the .sale thereof for an unpaid tax, as hereinbefore provided, the city treasurer shall certify to the Common Council of .said city at its next regular meeting, a statement of the parcels so struck off to the city, and the amount of the tax for which such parcels so struck off were assessed, together with all interest and charges thereon, and the costs and charges incurred on account of the .sale thereof. 77 BOOK OF redb:>iptions. (Sec. 252.) Par. 33. After the sale of said real estate by the city treas- urer, for an unpaid tax as aforesaid, he shall enter the same by identical description as sold in the books, kept by him for redemption purposes, as hereinbefore provided, and the same shall become a part of the records in his office. KE.4L ESTATE ASSESSMENTS— EXEMPTIONS— PARK AND PUBLIC PROP- ERTY NOT EXEMPT ITtOM STREET IMPROVEMENT. - (Sec. 253.) Par. 34. All sums of money directed to be raised by the Common Council, except as in this act otherwise provided, shall be as- sessed upon all the real estate and personal property in the city not exempt from taxation by the general statutes of the State, and upon all the personal property of residents of the city not so exempt, according to the valuation thereof by the last preceding assessment rolls filed in the office of the Board of Assessors, but no real estate or personal property which shall be exempt from taxation by the general statutes of this State, nor any public square, park or other public ground shall be assessed for the ordinary State, County, city, highway, sewer or school taxes : Provided, however. That the provisions of this section shall not prevent the assessments and the collection thereof to defray the expense of street and other improve- ments upon real estate deemed to be benefited according to the provisions of title six of this act. BOARD OF ASSESSORS TO MAKE COPIES OF ROLLS— ATTACHING OF WAR- RANT—TREASURER TO COLLECT. (Sec. 254.) Par. 35. It shall be the duty of said Board of Assessors to make copies of all assessment rolls as finally confirmed by the said Common Council of the City of Grand Rapids, while so acting as a board of review, as herein provided, upon which assessment rolls said board shall ratably assess the State, County and school taxes as provided by the gen- eral laws of the State. When said assessment rolls shall have been finally completed, footed and balanced by said Board of Assessors, it shall attach to each of said rolls its warrant, signed by the members of said board, and deliver the same with such warrants so attached to the treasurer of said city within the time prescribed by law for the completion and delivery of the township rolls to the respective township treasurers of the State. Upon the receipt of such assessment or tax rolls with the warrant so at- tached it shall be the duty of the treasurer of said city to collect the taxes on said rolls assessed as aforesaid, and to return the same to the treasurer of Kent County within the time prescribed by law, in like manner as the same is now or may hereafter by law be required in warrants of. township treasurers for the collection of taxes in townships of this State. OFFICE AND HOURS FOR RECEIVING OF TAX MONIES. (Sec. 255.) Par. 36. The treasurer of said city shall have an office for the receipt of all taxes and assessments payable to him, which office shall be open from eight o'clock in the forenoon until noon, and from one o'clock in the afternoon until five o'clock thereafter of each secular day not a legal holiday, of the time during which any tax roll shall be in his hands for collection. Upon the receipt of any tax roll for State, County or school taxes he shall give notice thereof in two newspapers, pub- lished and circulated in said city, for at least ten days next after the first publication of said notice, and by printed notices posted in at least five public places in each ward of the city; which notices shall describe such 78 tax roll, the general nature of the taxes therein contained and name the location of his office : Provided, That the Common Council, can, by reso- lution duly entered in its minutes, order the said office to be kept open at such other hours as it may deem best. STATE, COUNTY AND SCHOOL TAX— INTEREST ADDED TO, ETC. (Sec. 256.) Par. Zl- For the collection of all State, County and school taxes the city treasurer shall be entitled to add to all such taxes collected by him the same interest, collection fees and charges as are now, or hereafter may be provided by the general tax laws of the State, for interest, collection fees and charges on township tax rolls when collected by the township treasurers of this State : Provided, however, that all collection fees and charges which are now or may hereafter be by the general tax laws of the State, payable to the Township treasurer to his own use, shall, when collected by the said city treasurer, be by him paid into the general fund of said city for the use of said city. MANNER OF COLLECTION OF TAXES. (Sec. 257.) Par. 38. The city treasurer of said City of Grand Rap- ids, and all his clerks and subordinates whose duty it shall be to collect such State, County and school taxes, shall use all legal means to collect the same within the time fixed by law. The city treasurer shall credit all school moneys in any manner received by him to the school fund of the city. CITY TREASURER TO REPORT TO COUNCIL SALE OF LAND— COLLECTION OF REDEMPTIONS BY COUNTY TREASURER. (Sec. 258.) Par. 39. Two weeks before the date of sale of any real estate upon which the city has any prior claim or claims, the treasurer shall report to the Common Council a list of the parcels of such real estate and the amount for which said property is to be sold and also the amount of such prior claim. The city treasurer shall also attend to the collection and payment into the proper fund of the city treasury of all moneys received by the County treasurer on account of the redemption of real estate sold for all previous delinquent taxes. BOARD OF ASSESSORS— TERM OF OFFICE— MAYOR TO APPOINT SUCCESSOR. ( Sec. 259. ) Par. 40. The present Board of Assessors of the city, as constituted at the passage of this act shall be and remain the acting Board of Assessors of the city and continue to discharge all the duties and functions thereof, subject to the provisions of this act: Provided, That whenever the term of office of any member thereof shall expire, his suc- cessor shall be appointed by the mayor, and those who are so appointed shall serve with the present members of the board whose terms of office shall not have expired, until the same shall expire. BOOKS OF RECORD TO BE RETAINED IN OFFICE. (Sec. 260.) Par. 41. All books, papers, assessment rolls and records formerly belonging to the offices of the respective supervisors of the several wards of the city, or of the present Board of Assessors of ,said city, shall be kept in the office of the Board of Assessors, and all future original assessment rolls shall be placed therein and remain and be a part of the official records thereof. 79 TAX HIsrOKV— MAKIN(i OF BT CITY TKEASUKEK, DIsrOSITION OF FEES. (Sec. 261.) Par. 42. It shall be the duty of the city trea.surer of said city upon request made by any party for a certified tax history of any parcel of land within the city covering all general or special city tax sales, or claims for city, general or special taxes, to prepare and certify such a tax history, and charge the party requesting the same the sum of twenty- five cents therefor, which fee shall be paid into the city treasury for the benefit of the general fund. 80 TITLE VIII. BOARD OF PUBLIC WORKS. PERSONNEL— APPOINTMENT OF— TERM OF OFFICE. (Sec. 266.) Par. i. There shall be a Board of Public Works in said city composed of five members, all of whom shall be qualified electors of the city, to be appointed by the mayor. No more than three members thereof shall be appointed from any one political party. The members of said board as now constituted shall con- tinue to hold their respective offices for their full terms and until their successors are appointed and qualified in the manner provided for in this title, In the making of the first appointments hereunder the respective appointees shall be selected for such terms as maj' be neces- sary to constitute a board wherein one member's term shall cease at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years and one at the end of five years, and such appointments shall be made with reference to the terms of the present members of the board at the time this act goes into effect. The full term of each member of the Board of Public Works hereafter appointed shall be five years. .ACCEPTANCE AND OATH OF OFFICE— FILING OF— CITY CLERK TO REPORT. (Sec. 267.) Par. 2. Any person appointed to and accepting mem- bership on said board shall take the constitutional oath of office and file the same with the city clerk within the time provided in this act, which filing shall constitute an acceptance of the office; and said clerk shall thereupon report such acceptance of office to the Common Council at its next regular meeting. SALARY OF ME3IBERS DEFINED. (Sec. 268.) Par. 3. The members of said board shall each re- ceive pay for actual time necessarily spent in the discharge of the duties of their office, whether attending as members upon the sessions of said board or otherwise, at the rate of three dollars per day; but accounts for services by members, other than for attendance on ses- sions of the board, shall be approved by it and allowed in the usual manner of claims against the city. ELECTION OF ITS PRESIDENT— MAKING OF ITS OWN RULES, ETC.— COUNCIL TO PROVIDE FOR EXPENSES— DISQUALIFICATION BY ELECTION TO OTHER OFFICE. (Sec. 269.) Par. 4. Said board shall annually elect one of its members president thereof. It shall have power to make such by- laws, rules and regulations as may be necessary for the conducting of the business of the board and which shall not be inconsistent with the provisions of this title. The Common Council shall provide said board with suitable offices and supplies for its work. All necessary- Si expenses incurred by said board shall be presented to the Common Council and allowed and paid in like manner as other similar accounts against the city. The election of any member of said board to any office under the charter of said city shall vacate his position upon said board. RECORDS AND QUORUM. (Sec. 270.) Par. 5. The Board of Public Works shall keep a record of its proceedings and determination and therein shall be shown the vote of each member voting upon every question brought before and decided by said board, which record shall at all times be open to public inspection. Three of the members of said board shall form a quorum for the transaction of business, but it shall require the concurrent votes of at least three of the members of the board to decide questions before the board. SECRETARY AND GENERAL, MANAGER AND COMPENSATION. BONDS MAY BE REQUIRED OF ANY EMPLOYEES. (Sec. 271.) Par. 6. The Board of Public Works shall appoint some suitable person as secretary thereof and shall fix his compen- sation at a sum not exceeding one thousand five hundred dollars per annum, which compensation when so fixed shall be audited and paid as the salaries of the city officers are audited and paid. Said board may also appoint a deputy secretary with power to discharge the duties of secretary in his absence or on account of disability, on the part of said secretary to discharge such duties, and fix his compensa- tion. Said secretary in person or by deputy shall attend upon the sessions of the board and keep a record of its proceedings and affairs and discharge such other duties appertaining to such records and affairs as the board may require. Said Board of Public Works may, if it shall so determine, make such secretary the general manager of the entire affairs of the Board of Public Works and the executive officer ther&of, and in case such action is taken the city engineer, superintendent or superintendents of the water works and electric lighting plant or other public utilities, and all agents and employees of the board shall be under his control and direction, subject to the supervision of the Board of Public Works. And in the event of said Board of Public Works creating the office of general manager in con- nection with that of secretary of the board, it may fix his salary at a sum not to exceed four thousand dollars to be paid as above provided. The Board of Public Works may require any person employed by it to give bond to the city of Grand Rapids in such penalty, and with such sureties as said Board shall fix and approve, for the faith- ful performance of such services and duties as may be required of them by the board and to pay over all moneys which shall come into the hands of such employee. APPOINTMENT OF ENGINEERr— SUPERINTENDENT OF WATER WORKS, EL,ECTRIC EIGHT OR OTHER PL,ANT AND TERMS OF, TO BE REPORTED TO COUNCIIi. (Sec. 272.) Par. 7. Whenever the Board of Public Works shall appoint a city engineer, superintendents of the water works, electric lighting plant or other plant, secretary or deputy secretary, as pro- vided for in this title, it shall be its duty to report the name of each of the persons appointed and the terms of his appointment to the Common Council within ten days thereafter. BOARD TO DETERMINE GRADE LINES OF STREETS, ETC.— RECONSTRUC- TION OF SIDEWALKS, ETC., LIEN ON PROPERTY— ITS DUTY TO LOCATE NECESS.ARY M.AIN AND L.ATERAL SEWERS, ETC., TO HAVE EXCLUSIVE CONTROL OF PUBLIC AND LOCAL IMPROVEMENTS. (Sec. 273.) Par. 8. Said Board of Public Works is hereby em- powered to determine and establish the grade line of all streets, side- walks, public places and public grounds in the city, and to compel the laying of all sidewalks in conformity with the grade line thereof; and in case any sidewalk shall not be laid in conformity with such grade line b}- the owner or occupant of the property, said Board of Public Works shall remove such walk and rebuild the same in accordance with the grade line so established, and the cost thereof shall be a charge against the adjoining property and become a lien thereon to be enforced in accordance with the provisions of Title VI. of this act in relation to the construction and repair of sidewalks. It shall be the duty of said Board of Public Works to establish the grade line for sidewalks on any unimproved street at the request of any owner of the adjoining premises. It shall be its duty to locate all necessary main and lateral sewers, drains, culverts, vaults, arches and bridges, pipes, wells, pumps, filters, fountains and reservoirs in said city. It shall have the exclusive control of the construction of all puijlic and local improvements after the same have been ordered by the Common Council and in accordance therewith, including the grading, gravelling, macadamizing, paving, curbing, or otherwise improving the streets and other public places in the city, of all pub- lic and private sewers, sewage disposal plants, farms and pumping works; of all sidewalks, cross-walks, private driveways, bridges, elevated roads, railroads, viaducts and other like structures, and of all excavations in streets or other public places. The construction of private driveways from the gutters to the street line in any street which shall have been or may hereafter be improved, shall be done under the direction of and in accordance with the plans adopted by said board. POWERS OF BOARD IN CONSTRUCTION -\ND REPAIR OF STREETS, ETC., WHEN BY COUNCIL DECLARED NECESS.ARY— TO BE PETITIONED FOR" BY M.AJORITY OF OWNERS— PROVISO BY COUNCIL INCLUDING THE L.AYING OF SIDEWALKS AND SEWER OR WATER CONNECTIONS IN PUBLIC IMPROVEMENTS. (Sec. 274.) Par. 9. The Board of Public Works shall have power to grade, gravel, raise, level, repair, mend, pave or cover with broken or pounded stone, plank or other material, all streets, alleys, lanes, highways, courts, public places and public grounds or sidewalks in the city, and such designated portions of any street, alley, lane, high- way, court, public place or public ground in the city as the Common Council by a miajority vote of all the aldermen elect shall by resolu- tion declare to be a necessary public improvement, whether the same has been previously graded, raised, leveled, repaired, mended, paved, or covered as aforesaid or not; Provided, That the Common Council shall not have authority to declare the grading, graveling, raising, leveling, repairing, paving or covering as aforesaid of any street, alley, lane, highway, court, public place or public ground, or desig- nated portion thereof, a necessary public improvement, unless it shall have been petitioned so to do by the owners of a majority of the foot frontage residing in the city, of all real estate on said street, alley, lane, court, highway, public place or public ground, or desig- nated portion thereof, proposed to t>e improved, after the grade 83 shall have been established. But this proviso shall not apply when the Common Council shall by an affirmative vote of five-sixths of all the aldermen elect of said council declare such grading, graveling, raising, leveling, repairing, mending, paving or covering as afore- said, a necessary public improvement. Provided, further. That when the Common Council shall, in its resolution declaring the grading or paving of any street a necessary public improvement, also include as a part of such improvement the laying of sidewalks thereon, said board may construct sidewalks as a part of such improvement. It may also, in the same manner, include as a part of such improve- ment, the construction of water services from the water main to the street line. BOARD TO HAVE CHARGE OF MAINTENANCE OF STREETS, ALLEYS, ETC., AFTER PERMANENT IMPROVEMENT— PROVISION FOR EXPENSE. (Sec. 275.) Par. 10. The said board, after the permanent im- provement of any street, avenue, alley or public place, shall have charge of its mlaintenance and the making of all repairs thereon, the cost and expense thereof to be provided for by the Common Council. BOARD'S POWER TO REGULATE MANNER OF CARRYING OUT OF ORDIN- ANCES BY COUNCIL— FOR M.'UNTENANCE, ERECTION OR REMOVAL OF POLES, WIRES, CABLES, LA\^NG OF TRACKS, CONDUITS OR SUBWAYS, MANNER AND CHARACTER OF RAILS, CON- FORMITY OF GRADES, OPENING OF STREETS, LAYING DOWN OF PIPES, ETC. (Sec. 276.) Par. 11. Whenever the Common Council shall by ordinance authorize, or has heretofore authorized, the erection, main- tenance and removal of poles, wires and cables for telephones, tele- graphs, electric lights, electric railways, electric motors or any other purpose, or the laying down of tracks and turntables for street cars or other railways, and the laying of wnres and underground con- duits or subways for the same, in, under, upon or over the streets, alleys or public parks and public grounds in said city, or in, under, over or upon any lands owned by or under the control of said city, whether they be inside the limits of said city or not, the Board of Public Works shall have the powers and authority to regulate the manner of carrying out the provisions of any such ordinance, and may, pursuant to ordinance, require all wires and cables to be laid in such conduits or subways; and may pursuant to ordinance regu- late the kind, manner and character of the rails to be used by street railway companies and other railway companies within the limits of said city; and shall require all companies building and operating such roads to conform! to the street grades in all streets wherein the same are operated; and may fix and regulate pursuant to the ordin- ances or resolutions of the Common Council the opening of street surfaces and the places and manner of laying down and taking up all motor, gas. steam, sewer and other pipes and wires placed in the streets and other public places in said city. PUBLIC BUILDINGS AND UTILITIES— BOARD TO HAVE CHARGE OF EREC- TION AND CONTROL— EXCEPTIONS— APPOINTMENT OF ENGINEERS, ETC. (Sec. 2yy.) Par. 12. Said board shall have charge and control of the erection and construction of the city hall, public market build- ings, electric light buildings and other public buildings or structures, 84 excepting engine houses and school houses in said city. Said board shall have charge and control of the erection, maintenance and oper- ation of electric or other lighting plants and of all public utilities hereafter acquired unless otherwise provided; it may employ and fix the compensation of a superintendent or superintendents thereof, and such assistants as it shall deem necessary. It shall have in rela- tion to such plants, utilities and employes, the same powers and duties, as far as applicable, as are hereinafter given said board in rela- tion to the water works of said city. ADVERTISING FOK PROPOSALS FOR STREET IMPROVEMENTS— SUPPLY- IN(J OF WATER OR LIGHT AND OTHER PUBLIC UTILITIES, AC- CEPTANCE AND REJECTION OF BIDS, CONTRACTS AND SECURITY— WHEN WORK MAY BE DONE BY BOARD, REPORTS TO COUNCIL CONCERNING SAME. (Sec. 278.) Par. 13. In the erection of public buildings and the grading, graveling, paving, planking or covering with other material any street, highway, lane, alley, court, public place or public ground, and in constructing main and lateral sewers, drains and other public works, utilities or improvements, including w^orks for supplying the city with light and water, said board shall advertise in two daily newspapers of the city for at least one week for proposals to exe- cute the work and for materials according to the plans and speci- fications adopted by the board and make contracts in writing, which must be approved by the Common Council, with any responsible bid- der; provided, said board shall require security for the performance of the proposals tendered to said board, if the bid is accepted, and security for the performance of any contract entered into. Said board shall have the right to reject any and all bids made, and in case all bids are rejected the board shall readvertise for proposals to execute the work and for materials, but in case all the bids received exceed the detailed estimate of the cost of such work submitted by the city engineer at the timie of receiving such bids, the board may readvertise for proposals to exejute the work and for materials, or perform such work and furnish the materials therefor itself without further advertising; and if the latter method shall be adopted, it shall be the duty of said board to communicate in writing to the Common Council at its earliest opportunity its determination so to do, and after the completion of such work at its earliest opportunity the board shall make an itemized report in writing to the Common Coun- cil of all money expended by it in prosecution of such work and the purchase of such material, stating therein for what particular pur- pose said money was expended. Provided, where such work is to be done, and the estimated cost of the same is less than five hundred dollars, the Board of Public Works may or may not advertise for bids, at its option, but in such event shall report its determination to the Common Council and proceed to have the work done and make an itemized report thereof in writing of the expense thereof to the Common Council, as in this section above provided, and report the same to the Common Council at its earliest opportunity after the work is completed. ' APPROXIMATE AND FINAL ESTIMATES TO BE FURNISHED BY BOARD- COUNCIL TO DETERMINE MATERIAL TO BE USED— UNLESS MAJORITY OTHERWISE PETITIONED FOR. (Sec. 279.) Par. 14. Previous to declaring any improvement a public necessity the Common Council shall request the Board of Public Works to furnish an approximlate estimate of the cost of making sucli improvement, and it shall be the duty of the Board of Public Works in pursuance of such request to furnish such approxi- mate estimate for the improvement named therein, and may accom- pany the same with its recommendation with reference to such im- provement. But no estimate made miore than one year prior to such declaration shall be deemed a compliance herewith. Whenever the Common Council shall by resolution declare any public work in said city a necessary public improvement, or shall order the construction of any work which is to be done by or under the charge and control of the Board of Public Works, it shall be the duty of said board and said board is hereby authorized to determine and designate the parti- cular kind and quality of all material to be used in the construction of said work as directed by the Common Council: Provided, That if the owners of a majority of the foot frontage of any real estate on any street, alley, lane, court, highway, public place or public ground, or designated portion thereof, proposed to be improved, residing in the city of Grand Rapids shall in their petition to the Common Council for such imlpjovement designate the character of the im- provement desired by them, and such improvement shall be ordered by the Common Council as designated in said petition, then it shall be the duty of said board to substantially follow such designation. When the board shall have determined and designated the kind and quality of all materials to be used in the construction of such work, it shall estimate the probable cost and expense of the same and of the materials to be used in detail, and cause to be prepared so far as may be necessary plans and specifications for such work, and report such estimate to the Common Council as a basis for assessing or otherwise raising according to law the funds necessary to enable the board to go forward and complete said work. MONEYS TO BE PAID ON CONTRACTS ONLY ON ESTIMATE FURNISHED BY BOARD FROM FUND PROVIDED FOR. (Sec. 280.) Par. 15. All moneys appropriated by the Common Council shall be expended by said board for the purposes designated, so far as shall be necessary, and be drawn from time to time from the appropriate fund by order of the Common Council upon esti- mates of amounts earned, to be made by the board and reported to the Common Council in accordance with the terms of such contract, and no money shall be drawn from the city treasury under this title except upon the order of the Common Council. APPOINTMENT OF CITY ENGINEER AND ASSISTANTS, DUTIES, SALARIES,. ETC. (Sec. 281.) Par. 16. Said board shall appoint a city engineer and such assistants as may be necessary who shall receive such com- pensation for their services as may be provided and fixed by said board, not exceeding three thousaiid dollars per year for said en- gineer, which compensation so fixed as aforesaid, shall be audited, allowed and paid in the same manner as is provided for the audit- ing, allowing and paying the salaries of other city officials. Said city engineer shall perform such duties as pertain to the civil engineer- ing profession and keep himself informed of the condition of all public streets, sewtrs and grounds, and all plans and specifications for the construction, improving or repairing thereof shall be made under his supervision, and he shall have supervision of all streets, sewers, and public property under the control of the Board of Public W^orks, and the improvement and repairs thereof, except the water works and lighting plant, whether such work be done by contract or other- wise. He shall sec that the provisions of all contracts, ordinances and regidations relating to the construction, improvement and repair of streets, sewers and all property herein designated are strictly com- plied with. He shall keep proper records of all matters relating to his office and report to the Board of Public Works or other boards, commis- sions, or the Common Council, from time to time, such suggestions and recommendations in matters connected with his department as he may deem expedient. It -shall be the dut}^ of such engineer to per- form such duties as may be required of him by the Board of. Public Works or Common Council and act as consulting engineer for all other boards and commissions authorized by this act or created here- after in pursuance • thereof. He shall receive no compensation or salary therefor other than his salary as city engineer. BO.\RI> TO REPORT PROGRESS, ETC., OF IMPROVEMENTS UPON RESO- LUTION OF COUNCIL,. (Sec. 282.) Par. 17. The Common Council may at any time by resolution call upon said Board of Public Works to furnish a state- ment showing the condition, progress and operation of any work or improvement being carried forward under the charge and control of said board; and it shall be the duty of said board to furnish said statement without unnecessary delay. AUTHORITY AND POWER OF BOARD TO MAINT.\IN AND CONTROL, WATER WIORKS— EXTENDING OF AND ADDING OF ADDITIONAL SUPPLY FROM IN OR OUT OF CITY. (Sec. 283.) Par. 18. Said Board of Public Works shall have charge and control of the maintenance and operation of the city water -works, and it is hereby authorized and given authority, by and with the approval of the Common Council, to purchase or construct new, or maintain and extend existing water works to supply the inhabitants thereof with pure and wholesome water for the ordinary and extraordinary uses of the inhabitants thereof, the extinguish- ment of fires and such other purposes as the Common Council may prescribe. When the Commlon Council shall deem it for the public interest water works may be purchased within or without the cor- porate limits of the city, or may be constructed and maintained by the Board of Public Works with the approval of the Common Council, beyond the corporate limits of the city; and in such case the Common Council shall have authority to enforce beyond the limits of the city within the county or counties in which such works are situated, and over the buildings, machinery and other property belonging to and connected with such water works such ordinances and police regu- lations as may be necessary for the care, protection, preservation, management and control thereof, in the same manner and to the same extent as if they or it were within the city. BOARD'S PRIVILEGES IN STREETS, ETC., PURCHASE OF MACHINERY, PURCHASING OR LEASING OF LAND, WATER WORKS, RIGHTS OF WAY AND PRIVILEGES, ON APPROVAL AND CONSENT OF COUNCIL. (Sec. 284.) Par. 19. Said Board of Public Works may deter- mine the kind and quantity of power and machinery required therefor, the pipes, conduits and reservoirs to be used, and the manner and extent of distribution in said city; and with the consent and approval of the Common Council shall have the right to lay conduits, pipes, 87 aqueducts or other necessary works over or unJer any water-course, or under and along any street, alley, lane, turnpike, railroad or rail- way, within or outside said city, but not in such a manner as to obstruct the same, or impede or prevent travel thereon; and said board may at all times enter upon and dig up such street, alley, road or highway to lay pipes thereon or to construct works underneath the surface thereof; but it shall cause the surface of such street, alley. road or highway to be relaid or restored to its usual state, and any damage done thereto to be repaired, and such rights shall be con- tinuous for the purpose of relaying or repairing water pipes upon like conditions. Said Board of Public Works with the approval of the Common Council may lease and purchase lands, water works, rights and other privileges deemed necessary in effecting such supply. It shall have power to erect and maintain a dam in Grand River on or near the rapids thereof if found necessary, within the corporate limits of the city, in order to procure a sufficient supply 6f water for the use of the city and the citizens thereof. It may lay service pipes to each lot adjacent to the street when laying water mains therein or im- proving the same in such manner and places as said board shall deem necessary, and establish and erect fire hydrants, jets and foun- tains. REPAIRS IN CASE OF ACCIDENT TO WATER WORKS. (Sec. 285.) Par. 20, Whenever the water works or other works under the control of the Board of Public Works shall be injured or impaired by accident or otherwise, said board shall have" power by and with the written consent of the Mayor filed with the city clerk, to repair or re-construct said works by contract or otherwise, when in the opinion of said board, such repair or reconstruction is imme- diately necessary, and the interests of the city will be jeopardised by delay. In case said board shall repair or reconstruct any work as aforesaid, it shall without delay make a full report to the Common Council of the nature and extent of such repair or reconstruction with an itemized statement of the cost thereof, and thereupon it shall be the duty of the Common Council to provide means to meet the cost thereof in the manner provided by law. REPAIR AND EXTENSION OF MAINS — ISSUE OF BONDS FOR SAME. (Sec. 286.) Par. 21. Said board in its discretion shall have power to repair, extend and improve the main and distributing pipes in the city and all other parts of the water works of the city, and may also provide an additional supply of water as the same shall be needed whenever requisite means are provided for that purpose. Whenever said board shall deem such work necessary, it shall communicate its determination to the Common Council with its reasons therefor, and also a general plan of the work proposed with an estimate of the cost thereof, whereupon the Common Council is authorized to iDorrow such money on the faith of the city for the purpose of de- fraying the expense of such work as it may deem expedient, not exceeding such estimate, for a term not exceeding twenty years at a rate of interest not exceeding five per cent, per annum, and for such purpose may issue the bonds of the city, signed by the mayor and countersigned by the comptroller, and in such forms and sums as the Common Council shall direct, and such bonds shall be disposed of under the direction of the Common Council or of the mayor, upon such terms as may be deemed advisable, but not for less than the par value thereof, and the avails shall be applied to such purposes and for no other purpose: Provided. That nothing in this section con- tained shall be so construed as to authorize the incurring of any bonded indebtedness against the city in excess of that authorized by this act for any of the purposes aforesaid, unless the qualified electors, voting upon such question shall have authorized the issuing of said bonds by a majoritj- of their votes cast thereon at any regular elec- tion or at a special election called for the purpose of voting upon such question. APPKOl'RIATIOX OF PRIVATE PROPERTY, ( OlXt II. TO PROVIDE MEAX.S, ETC. (Sec. 287.) Par. 22. In case it shall be necessary in the judg- ment of the Board of Public Works, such contemplated action being approved by the Common Council, to appropriate private propert}- either within or without the city, for the construction, maintenance or due care and operation of the water works, the right to occupy and hold the same, and the ownership therein and thereto, may be acquired by the city in the manner and with like effect as provided in this act for the taking of private property for public uses. Provided, That before any contract for constructing, extending, repairing or improving said water works shall have been entered into, the Com- mon Council shall legally provide the means to meet the estimated cost thereof in accordance with the provisions of this act for raising money. BOARD TO TAKE PROPERTY REQUIRED FOR WATER SUPPEY, ETC., COMPENSATION FOR !SAME. (Sec. 288..) Par. 2t,. Said board for the city and under its di- rection, its agents, employees and workmen, are hereby authorized to enter upon anj- real estate or water within or without the corporate limits of the city for the purpose of making surveys and to agree with the owners of any real estate, property, rights or privileges, which may be required for the purpose of obtaining, or conveying a supply of water to, in or through said city, as to the amount of compensation to be paid said owner: and also for obtaining the right of ilowage of water upon real estate of any owner thereof and of erecting dikes thereon, and the compensation to be paid to the owner therefor. In case of a disagreement between the board and the owner of any real estate, property, rights or privileges which may be re- quired for such purpose by any operation connected therewith, as to the amount of compensation to be paid such owner, or in case such owner shall be a minor, insane or a non-resident of the state, the same shall be reported to the Common Council by said board and thereupon said Common Council shall cause such proceedings to be instituted and prosecuted, in the name of and .in behalf of said city, as are prescribed in this act or authorized by the general statutes of the state for the condemnation of real estate taken for public im- provements. AWARD OF DAMA(iE8. (Sec. 289.) Par. 24. When the amount is found by the .jury pro- vided for in the preceding sections, the value of the land taken and reported as damages, such damages shall be paid into the city treas- ury for any such owner, and the Common Council shall have the right to accept so much real estate, property, rights or privileges as may be covered by the finding of the jury for all purposes con- templated by said proceedings, and the person in whose behalf such finding of che jury is made shall be entitled to draw the amomit from 89 the city treasury upon giving a receipt therefor expressing therein that such amount is in full for all damages sustained by him in the premises. INJUKY OF WOKK, PROPERTY, ETC., POLLUTION OF WATER- PUNISHMENT FOR. (Sec. 290.) Par. 25. If any person shall do or cause to be done any act whereby any work, material or property selected or used for the purpose of procuring; or keeping a supply of wacer for the city, shall in any manner be injured, or shall pollute any such water, he shall be deemed guilty of a misdemeanor for each of such acts com- mitted, and upon conviction thereof in any court of competent juris- diction, he shall be punished by a line of not less than five dollars or more than live hundred dollars and costs of prosecution, or by im- prisonment for not less than thirty days or more than one year in the common jail for Kent county. In case such tine and costs are not paid such convicted person m.ay be imprisoned in said jail for a period not to exceed thirty days if such tine and costs are not sooner paid. TAPPING OF MAINS, ETC., WITHOUT AUTHORITY. (Sec. 291.) Par. 26. No person shall without the authority of the board of public works through the authority delegated by it to any of its agents or employees, perforate or bore, or cause to be perforated or bored, any reservoir, distributing pipe or main belong- ing to the water works of the city, or make or cause to be made any connection or communication whatever with said reservoir, distribut- ing pipe or main, or dig up or molest the same. Any person offending in any of the matters aforesaid shall be deemed guilty of a misde- meanor for each offense so committed and subject to the tine, pen?»l- ties and imprisonment imposed and provided for in the preceding section. No person shall interfere with the water works of said city or ?ny part thereof, or in any manner diminish or prevent the supply of water for the extinguishnient of tires in said city.' Any person interfering therewith in the manner above mentioned shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be sub- ject to the same fine, penalty and impris(inment provided in the pre- ceding section. EMPLOYMENT OF HELP— RULES .4NI) REGULATIONS REGARDING USE OF W.4TER BY CONSUMERS, ETC. (Sec. 292.) Par. 2-]. Said board shall have power to employ such agents, employees, and laborers as may be necessary in the care, management and maintenance of such water works, and fix their compensation; said board shall establish the rates to be paid by con- sumers of water, and make rules and regulations for connecting the water works with private property and in relation to the use of water supplied thereby to consumers and premises, and may deprive such customers and premises of a supply of water from such water works until all arrearages for water supplied are paid, and may also enforce the payment of the same by a suit commenced in the name of the city in any court of competent jurisdiction. All charges for water supplied to any consumer and to any premises under the rules and regulations as aforesaid, and also the cost of the service pipes as pro- vided for in this title shall be, in either case, a lien upon the premises to which said service pipe was laid until paid, and such lien may be enforced in manner and form as is provided for in this act for the construction and repair of sidewalks. 90 LICENSE OF PLUMBERS, DRAIN LAYERS, ETC. (Sec. 293.) Par. 28. Said board shall also have power to license plumbers, drain layers, or other competent persons, to lay service pipes and lateral drains to connect with public water mains and public sewers, and no person shall dig or cause digging to be done in any street, highway, allej', lane, court, public place or public ground in said city, for the purpose of making such water or sewer connections, without first obtaining from said board a permit therefor. No person other than those holding an unrevoked license from the board shall extend or do any plumbing on anj^ private pipe con- nected directly or indirectly with any public water main or public sewer, or connect an}- private pipe with any public water main or public sewer. In case anj' person holding a license from said board shall fail to comply with any of the rules, regulations or requirements made by said board applicable to person holding the same, such license may be revoked by said board. EMPLOYES TO REPORT TO BOARD— RESTORATION OF STREETS AFTER DISTURBING SAME. (Sec. 294.) Par. 29. All agents, superintendents and engineers in the employ of or licensed by said board, shall make report to said board of their doings from time to time, in accordance with such rules, regulations and requirements as said board may legally make in the premises, and in all things shall conform to such rules,' regu- lations and requirements. The board shall have power to compel any person acting under authority from it, to restore any sidewalk, street, pavement, highway, alley, lane, court, public place or public ground that he shall dig up or disturb to a condition that shall be satisfactory- to the city engineer. POWERS REGARDING FULFILLMENT OF CONTRACTS. (Sec. 295.) Par. 30. Said board shall reserve the right in all contracts to determine finally all questions as to the proper per- formance of such contracts and as to the completion of the work specified therein and in case of the improper, dilatory or imperfect performance thereof, to suspend the work at any time, to order the partial or entire reconstruction of the same, or to relet the work cov- ered by such contract, or any unfinished portion thereof whenever from unreasonable delay in the work or for other just cause, it shall deem such contract forfeited, and power is herebj^ given said board to determine all such questions arising under any such contract according to the true intent and meaning thereof. Said board also reserve the right in all contracts when it shall become satisfied that the work provided for in any contract will not be completed within the time limited, to place additional men and teams on said work and supply additional material if necessary, and render such assistance as it may deem advisable for the completion of such contract, and all such costs and expense so made shall be charged to the contractor and retained bj' said board out of the contract price. PROSECITION FOR BREACH OF CONTRACT, GUARANTEE, ETC. (Sec. 296.) Par. -31. Said board is hereby authorized to com- mence and prosecute -in the name of the city any suit or proceedings for the recovery of any penalty or forfeiture incurred by any person under the provisions of this act, or for daniages for breach of any 91 contract authorized to be made and entered into by said board, or to enorce the performance of such contract under the provisions of this title. Whenever any public street shall be improved and the contract for such improvement shall be accompanied by a guarantee for a year or more, said Board of Public Works shall retain control of such street until the expiration of the time of such guarantee, so far as HTay be necessary to compel the contractor to carry out the provisions of such guarantee. PL.Vrs OF RE.4I, ESTATE TO BE APPROVED BY BOARD— GRADE LINES TO BE ESTABL,ISHED. (Sec. 297 ' Par. 3,2. In all cases where real estate in the city shall hereafter be subdivided into lots and blocks, or- into lots or blocks, and into streets, highways, alleys, lanes, coiirts, public places or public grounds, the map or plat thereof shall be submitted to the Board of Public Works for its approval, and no such map or plat shall be recorded or have any validity until approved by said board, and such approval shall be certified to by an endorsement on said map or plat signed by the president of said board, and a copy thereof shall be placed on file in the office of said board. The grade line of all such streets, highways, lanes, alleys courts, public places and public grounds shall be established by said board immediately after such map or p\iit shall be recorded as aforesaid. RULES AND REGULATIONS REGARDINC; TAPPING AND MAKING CONNEC- TIONS WITH SEWERS. (Sec. 298.) Par. 3.3. The Board of Public Works shall have authorit}- to make and enforce such rules and regulations in reference to tapping and making connections with public sewers for draining lots or premises as it may deem for the public interest. Any person tapping or making connection with any public water main or public sewer, in violation of such rules and regulations, shall on convic- tion thereof, be liable to a fine not exceeding fifty dollars and costs, or imprisonment in the common jail for the county of Kent, for a period not exceeding thirty days. In case such convicted- person does not pay the fine and costs as aforesaid, he may be imprisoned in said jail, for a period of not more than thirty days unless such fine and costs are sooner paid. He shall in addition thereto be liable to the city for all damages caused by such unlawful interference. DAMAGE TO PROPERTY UNDER CHARGE OF BO.YRD AND PROSECUTION FOR SAME. (Sec. 299.) Par. 34. Whenever any damage shall be done by any person to any of the property' under the charge and control of the Board of Public Works, said board may cause suit to be brought against such person in the name of the city of Grand Rapids, in any court of competent jurisdiction; and whenever any such suit shall be brought, it shall' be the duty of said board to attend to the prompt prosecution thereof, and to see that any judgment obtained on account thereof shall be carried into eflfect. All moneys obtained because of any such suit, over and above the actual costs and expenditures therein, shall be immediateh' paid into the cit3' treasury by said board and placed in such fund as the Common Council may direct. Said board shall make a detailed statement of the money received from said suit, and the costs and expenses thereof to the Common Council at its next regular session after the receipt of sncli money as afore- said. COXTKACTOK LIABLE I-OK l>AMAIENT OV SCHOOL BOND.'*— CARE AND INVEST3rENT OF PARK AND CEMETERY MONEYS. (Sec. 400.) Par. 9. There shall also be placed in the budget of the Board of Education of said city such amount as may be recom- mended by the Board of Education and approved by the Common Council, or as may be determined to be necessary by the Common Council for each year, to be paid over to said sinking fund commission- ers to create a sinking fund to be applied to the payment of the prin- cipal of the bonded indebtedness of the Board of Education as the same matures. The said Board of Sinking Fund Commissioners shall receive and keep as a separate fund any moneys that may be paid to it froni the proceeds of sales of cemetery lots by the Board of Park and Cemetery Commissioners, and invest the same to the best ad- vantage possible, carrying out the trust imposed in it by this act in connection with the said Board of Park and Cemetery Commis- sioners. EXPENSES OF BOARD OF SINKING FUND COMMISSIONERS. (Sec. 401.) Par. 10. The necessarj- expenses of the Board of Sinking Fund Commissioners incurred in performing any of the duties imposed upon it by this act shall be a proper charge against the city to be paid by- the Common Council from the general fund. TRANSFER OF FUNDS NOW CONTROLLED BY OTHER BOARDS TO BOARD OF SINKING FUND COMMISSIONERS, ETC. (Sec. 402.) Par. 11. Any and all moneys properly belonging to or due the sinking fund of said city on the taking effect of this act in the hands or under the control of the present Board of Sinking Fund Comniissinners shall continue under the management and con- trol of said board for the objects and purposes for which said moneys have been appropriated, and anj' moneys under the control of any other board which by the provisions of this act are given to the Board of Sinking Fund Commissioners shall be turned over by the proper city officials to this board for the objects and purposes for which said moneys were raised. BOARD TO ADOPT RILES AND ENFORCE COLLECTION OF BONDS AND SECURITIES. (Sec. 403.) Par. 12. Said Board of Sinking Fund Commissioners are authorized to adopt rules not in conflict herewith for the govern- ment of their action, and shall be authorized for the purpose of en- forcing the collection of anj^ bonds or securities taken by them to bring suit in the name of the cit}- of Grand Rapids in any court of competent jurisdiction. TITLE XIII. BOARD OF ESTIMATES. MEMBERS OF BOARD. (Sec. 408.) Par. i. There shall be a Board of Estimate.s for the City of Grand Rapids, composed of the mayor, city clerk, city comptroller, city treasurer, the members of the committee on ways and means of the Common Council, and their successors in office, and also live electors, who shall be citizens and freeholders of the City of Grand Rapids, to be appointed annually by the mayor, and to hold their offices until one year from the first Monday of May following their cnppointment, and until their successors are appointed and qualified. V.\C.\XCIES— NO COMPENSATION FOR MEMBERS— PRESIDENT AND .SEC- RETARY OF BOARD— RECORDS. (Sec. -109. ) Par. 2. Vacancies in the membership of appointed members of such Board of Estimates shall be filled by the mayor. The members of said Board of Estimates shall serve without compensation. The mayor shall be ex-oificio president of said board. The city clerk shall be cx-oificio secretary of said board and keep a record of its proceedings, and perform such other duties as may be prescribed by the board. >IEETINOS OF BOARD— RULES AND REGULATIONS. (Sec. 410.) Par. 3. There shall be a meeting of the Board of Esti- niatfs amiually at ten o'clock in the forenoon on the first Tuesday of April, the second Monday of May, and the fourth Monday of August, and at such other times as the board or the Common Council may direct, such meetings to be held at the office of the mayor in the city hall. The Board of Estimates is authorized to adopt such rules for the government of its deliberations as it may deem necessary. ESTIMATES TO BE SUBMITTED TO BO.\RD BY SEVERAL MUNICIPAL BOARDS, HEADS OF DEPARTMENTS AND CLERKS OF . COURTS OF THE CITY. (Sec. 411.) Par. 4. On or before the first Tuesday in April of each year and before any moneys shall be raised or taxes levied and collected for the purposes of the several funds authorized by the provisions of this act and acts amendatory thereof, estimates of the amount of moneys re- quired for such funds or purposes, to be raised by tax or otherwise, shall 1)6 submitted to the Board of Estimates by the several municipal boards, the heads of the several departments of the city government and the clerks of the several courts of said city: Provided, That on or before the fourth Monday of August in each year the Board of Education shall submit to said Board of Estimates its estimate of the moneys necessar}' to be raised for said board for the coming year. All such estimates shall be in detail and shall designate the exact purpose for which said sums are required and shall also give an approximate estimate of the moneys which shall be re- 123 ceived by such dcparlnients or boards tbat may be deducted from the amount otherwise required to be raised. The Board of Estimates shall have the right to call upon the Common Council or upon any officer or Doard of said city for further reports or any -information which it may require for the purpose of reaching a correct estimate of the amount of money to be raised, or in reference to any matter pending before said board, and neglect or refusal to furnish the same after a demand thereof shall be sufficient cause for the removal from office, under Title II. Par. lo. BOARO TO CAKKIULLY CONSIDER ESTIMATES AND ArPROVE OR DIS- APPROVE OF SAAIE, ETC. (Sec. 412,) Par. 5. It shall be the duty of said Board of Estimates to carefully consider each and every estimate presented to it under the provisions of this act of moneys to be raised for the several purposes afore- said, and it shall either approve or disapprove of the same. The said board shall have power, and it shall be its duty, after careful consideration of the various estimates referred to it, if it shall deem it advisable so to do, to disallow any item, items or parts of the same and decline to place the same in its estimate made of the respective funds to be raised by said city; but it sliall not have power to create additional funds or to raise any of the several funds to an amount in excess of that recommended by the several heads of the city departments or boards of said city in the various estimates presented to it as aforesaid. BOARD TO PRESENT ESTIMATES AND ITS RECOMMENDATIONS THEREON TO. COMMON COUNCIL— COMMON COUNCIL 3IAY AMEND, ETC. (Sec. 413.) Par. 6. It shall be the duty of said board, after the consideration of such estimates, to present the same to the Common Coun- cil of said city, together with its recommendation thereon, on or before the first day of May in each year, for its revision and ratification : Provided. That the estimates of the Board of Education presented to said Board of Estimates shall be presented to the Common Council on or before the sec- ond Monday of September in each year: And provided further, that the Common Council may make such change, either by adding to or deducting therefrom any item or items made by said Board of Estimates as it may. after careful examination, determine to be necessary in the interest of the City of Grand Rapids. ESTIMATES AS APPROVED BY COMMON COUNCIL TO BE USED BY SEV- ERAL BOARDS AND OFFICERS OF THE CITY FOR PURPOSES DESIGNATED. (Sec. 414.) Par. 7. The various estimates as finally approved by the Common Council and carried into its budget for the current year, either for the general objects and purposes of the city government or for school pur- poses, and the" taxes raised thereon, shrill be used by the several municipal lioards and officers of the city for the several purposes designated in the budget, and in no other way, unless specially authorized so to do by sub- sequent action of the Common Council. 124 TITLE XIV. BOARD OF EDUCATION. CITY A SCHOOL DISTRICT. (Sec. 419.) Par. i. The City of Grand Rapids, a.s it may from time to time exist, shall constitute and be one school district. The Board of Education of said city shall be its school board. In all respects where not modified by this act, such district and such board shall be subject to and governed liy the general school laws of this State from time to time in force. THE BOARD— HOW CONSTITl'TKD AND CHOSKN. (Sec. 420.) Par. 2. The Board of Education shall consist of nine members. The nine members constituting the first board hereunder shall be elected at the time of the charter election of April, 1906. The City of Grand Rapids shall be divided into three school election districts, each of such districts shall elect from the resident school electors thereof thesp members of said board. The first district shall consist of all that part of the City of Grand Rapids west of the center of Grand River: the second district shall consist of all that part of the said city east of the center of said Grand River and lying north of the center of Fulton street, extended from the center of Grand River easterly to the city limits, and the third district shall consist of all that part of the City of Grand Rapids lying east of Grand River and south of the center line of Fulton street extended from the center of said river easterly to the city limits. The term of office of said members of the Board of Education shall commence on the first Mon- day in May in each j-ear and continue until a successor is elected and qualified. The members of the first board in each district at its^first meet- ing shall by lot determine which one of its members shall serve one year, which one serve two years and which one serve three years, and their terms shall be accordingly. At the time of each annual charter election there- after members of the board shall be chosen in each school election district to fill the positions of those whose terms expire. Three years shall be the term of each member chosen after the first election. Members of said board shall receive no compensation for their services. XO>IIX.\TION AND ELECTION— BAI.LOTS — QUALIFICATIONS OF ELECTORS. (Sec. 421.) Par 3. Any qualified school elector of the city shall be eligible to be chosen as a board member, and if duly registered hereunder to vote for a board member at such election. Every person shall be entitled to vote at such election who is a qualified elector of the City of Grand Rapids, and all other persons who are 21 years of age and who shall have resided in the ward or precinct in which he or she offers to vote at least twenty days next preceding such election and who is either the parent or legal guardian of any child or children included in the school census of said city next preceding such election, or who has or had property liable to assessment in said city within a year preceding such election. Nomina- tions shall be by petition signed by not less than one hundred duly qualified school electors, residents of the school election district in which the candi- date proposes to stand, which position shall be filed with the city clerk at least ten days before election. No petition which does not have such num- ber of signatures, residents as aforesaid shall constitute a valid nomina- tion. At the same time and in the same general manner provided with reference to the charter election the election commissioners shall prepare and have printed an ofificial ballot, on which shall be placed the names of all who have been duly nominated for members of said board. In printing, the names shall first be arranged alphabetically and the first one hundred printed accordingly ; then the name at the top shall be put at the bottom for printing the second one hundred, and a corresponding change shall be made with each succeeding one hundred printed. The election shall be by separate ballot in a separate box, but at the same time and place as the charter election ; and shall be conducted by the same inspectors, canvassed, reported and considered and treated as a part of such charter election in all particulars not otherwise specified. Voting or atempting to vote for board members at such election by one not legally entitled to vote therefor shall constitute the same offense, and shall be prosecuted and punished in the same manner as casting or attempting to cast any illegal vote at a charter election. REOISTRATIOX. (Sec. 422.) Par. 4. No elector not registered as provided herein shall be entitled or permitted to vote at such election for board members (except that votes may be sworn in as is permitted by law at a general elec- tion.) The same registration required or provided for a charter election shall be sufficient registration for this school election. In addition thereto the registration boards shall be provided with separate books for registra- tion of school electors who are not general electors. Before registering any name therein the registration board shall be reasonably satisfied that the applicant for registration is a duly qualified school elector. Such regis- tration shall in all respects not herein specified, be conducted in the same manner as, and as a part of, the registration required or provided for with reference to charter elections. PRESENT BOARD TO C'ONTIXrE. ( Sec. 423.) Par. ^. This act shall not take effect until the commence- ment of the term of office of the first board chosen hereunder, excepting as to the provisions regarding the nomination, registration and election pertaining to the choice of such first board hereunder, which provisions shall become operative so as to apply to and govern such registration, nomination and election. In the meantime and until the first Monday of May, 1906, the laws existing at the time of the passage of this act shall continue in full force, except that the term of office of all school trustees in said city, whether now holding office or hereafter to be elected, shall terminate on the said first Monday of May, 1906, their election for a longer period notwithstanding. ORGANIZATION OF BO.\RD. (Sec. 424.) Par. 6. The city clerk within the time specified for serv- ing notices upon officials elected at a municipal election shall serve notice upon each member of said board elected at said election. On the first ^vlonday of May in each year the board shall organize for the ensuing year l)y electing its officers herein provided. VACANCIES. (Sec. 425.) Par. 7. If any person duly elected fails to take the oath of office within tlie time limited, or if any member during his term shall die, or become mentally incompetent, or resign or lose residence in the district from which he was elected, a vacancy shall thereby exist, which vacancy shall be filled by election from such district by a majority of the remaining members of the board, for the remainder of the current year, and at the next election the vacancy shall be filled by nomination for the remainder of the term of the former member. If any member of said board shall be found guilty in his office of wilful acts of misfeasance or nonfeasance, specific charges may be filed with the secretary of said board, and the said board by a vote of two-thirds of the members thereof may remove such official from his position as trustee and declare the same vacant, which vacancy shall be filled for the remainder of his term in the manner above provided. POWERS— A BODY CORPORATE. (Sec. 426.) Par. 8. The said Board of Education shall be a body corporate under the name and style "The Board of Education of the City of Grand Rapids," and under that name may sue and be sued, and may take, hold, sell and convey real and personal property including property received from gift, devise or bequest, all as the interest of said schools and the property and welfare of said school district may require. Said Board of Education chosen pursuant to this act shall be and is the same body corporate now existing under the same name, and shall be vested with the title to all property, real and personal now or hereafter vested in the Board of Education ; and the indebtedness and obligations of the present board shall become and be the indebtedness of the board chosen under this act. It shall have power to purchase all property, erect and maintain all build- ings and purchase all personal property, to employ and pay all persons and do all other things in its judgment necessary for the proper establishment, maintenance, management and carrying on of the public schools of the city or other property of the district, and to adopt by-laws, rules and regulations for its own government and for the control and management of all schools and property. It shall not have power to raise money, borrow money or incur indebtedness, except in the manner herein snecified. OFFICERS AND THEIR DUTIES. (Sec. 427.) Par. 9. The officers of the board shall be a president, vice-president, secretary and treasurer. The city treasurer shall be cx- ofhcio treasurer of the board. The president and vice-president shall be elected each year for terms of one year, from among the members of the board, by a majority vote thereof. The secretary shall not be a member of the board. The president, vice-president and secretary, respectively, shall perform such duties as may be prescribed in the by-laws, rules and regulations of the board. They shall also be required to give bond for the faithful performance of their duties in such manner and form as may be prescribed by such rules and by-laws. The treasurer shall have the keep- ing of all moneys belonging to the school district, and shall pay out the funds of the board only upon orders in the manner in this act specified. The city attorney shall be the legal adviser of said board and represent it in all litigation. ->UEETINGS. (Sec. 428.) Par. 10. Regular meetings of the board shall be held at least once in each month at such time and place as may be fixed by the by-laws of the board. Special meetings may be called and held in such manner and for such purposes as may be specified in such by-laws. THE FISCAL YEAR. (Sec. 429.) Par. 11. The fiscal and accounting year shall commence with the first day of July in each year. REVENUES— SCHOOL T.4XES— TAX Li:*IIT. (Sec. 430.) Par. 12. The board shall annual!)-, on the third Monday in August of each year, make an estimate of the amount of taxes deemed necessary for the ensuing year for all purposes of expenditures within the power of said board, which estimates shall specify the amounts required for the difi^erent objects, and shall transmit such estimate to the Common Council and Board of Estimates on or before the fourth Monday in August for ratification, amendment or rejection. If for any reason the Common Council shall fail to pass on said estimate and finally adopt the same after such amendment, increase or decrease, as it determines before the first Monday in October in each year, then the estimate made by such board shall stand as approved and be considered as approved and ratified by said council and reported accordingly, and the amount therein named levied and collected accordingly. On or before the first Monday in October in each year, the secretary of the board shall make to the clerk of Kent County a written report of the amount of taxes so deemed necessary and approved or standing approved by said council ; and the said county- clerk shall thereupon apportion the said amount among the several wards of the city, and shall notify the proper assessing officers of said city of said appor- tionment, and the said amount so apportioned shall be levied, assessed, collected or returned the same as other city taxes. No greater sum than five mills on the dollar shall be levied for school purposes in any one year. That for purchasing school lots, for erecting school houses and for the pay- ment of school bonds issued for such purposes no greater sum than five mills on a dollar of all taxable real and personal property of the said city shall be levied in any one year. BORROWING MONEY. (Sec. 431.) Par. 13. The board may from time to time, on such terms as it may deem proper, borrow for temporary school purposes not to exceed $30,000, total outstanding unpaid at any one time, and may give the note or bonds of the board therefor, which shall be paid from the first school moneys collected thereafter. For the purpose of purchasing sites, or erecting buildings, or both, the board may borrow such sums of money as it may deem necessary, and may issue and sell its bonds therefor, upon such rate of interest and for such time and in such amounts as it may think proper, and in such form and with bonds and coupons signed and counter- signed in such manner as it may by resolution direct ; but the action of the board authorizing such loan shall first be submitted to the Common Council for approval, and no such issue of bonds shall be valid unless the proposal to issue the same shall have been approved by a majority vote of the members elect of tb.e Common Council. No bonds shall be sold for less than par or bear more than h\e per cent, interest or run for more- than twenty years. 12S CLAI3IS AND DEMANDS. (Sec. 432.) Par. 14. All demands and claims against the board shall be allowed by the board under such rules and regulations as it may establish and shall thereupon be certified to the city comptroller for payment. Pay- ment of the same shall be made by the city treasurer out of the funds of the board in the same manner, as near as may be. that claims against the city are paid out of the general city treasury. The city comptroller is Iiereby made ex-officio auditor of the Board of Education, with such powers and duties in that respect as may be conferred upon him by the city charter. SUPKRINTENDENT— BUSINESS MANAGER— THEIR POWERS. (Sec. 433.) Par. 15. The board shall have power to elect for such term, not exceeding three years, as it may determine, a superintendent of schools and a business manager, and to fix the salaries thereof and to re- move either of them notwithstanding that the term of office has not expired upon the concurring vote of two-thirds of all of the members of said board. It may delegate to such superintendent and business manager the executive management and control of the educational department and tlie management and control of purchases, building contracts, and all other l)usiness matters, to the superintendent and manager, respectively, in so far and to such extent as it may from time to time determine. PITBLICATION. (Sec. 434.) Par. 16. AW proceedings and official action of the board shall be printed and published immediately after such meeting in such manner as the board shall decide. It shall cause to be made at the end of each fiscal year and to be published in connection with other city reports, a complete report of its receipts, expenditures and of general school statistics. >IISCELI,ANEOUS. (Sec. 435.) Par. 17. The board shall provide for taking the school census required by law. It shall receive the fines devoted by law to the maintenance of district or school libraries, and shall devote the same to that purpose by paying the same to the library commission of the City of ' Grand Rapids. (Sec. 436.) Par. 18. Within twenty-four hours after its passage, the president or acting president of the board may veto any action thereof by filing in the office of the secretary of the board his reasons therefor, m writing, and the same thereupon shall not go into effect or have any legal operation until after it may be repassed at a subsequent meeting of the board by a vote of two-thirds of all the members thereof. No action of the board shall go into operation until the expiration of twenty-four hours after its passage unless the president or acting president shall sooner file in writing with the secretary his approval thereof. REPEAL. (Sec. 437.) Par. 19. All acts and parts of acts in any wise contraven- ing the provisions of this act shall be and are from and after the time this act goes into effect according to its terms, repealed. 129 TITLE XV. BOARD OF LIBRARY COMMISSIONERS. ELiECTIOX. (Sec. 442.) Par. i. At the annual charter election next succeed- ing the passage of this act there shall be elected in the city ot Grand Rapids one library commissioner to hold office for five years and until his successor is elected and qualified. At each annual election one library commissioner shall be elected to hold office for five years and until his successor is elected and qualified. Notice of the election of such comniissioners shall be given in the same manner as that of other city officials. ME3IBERS OF— CONTROL OF LIBRARIES— ART GALLERY, ETC. (Sec. 443.) Par. 2. The five library commissioners so elected with the superintendent of schools, and their successors, shall con- stitute the Board of Library Commissioners of the city of Grand Rapids, the superintendent of schools having the same right to vote on any matter coming before the board as the other members thereof. Such board shall have the entire management and control of the so- called public library of said city, being the district library, and of all property and assets belonging thereto real or personal, the title to which is now vested in the Board of Education, and which is devoted to or intended for library purposes, also of all property now or here= after belonging to the city and intended for or devoted to an art gal- lery or similar purposes. CONTROL OF MUSEUM AND PROPERTY OF KENT SCIENTIFIC INSTITUTE. (Sec. 444.) Par. 3. The said Board of Library Commissioners shall have the management, control and custody of the museum now under the control and direction of the Board of Education, including that part of the same that was transferred to the Board of Education by the Kent Scientific Listitute and subject to the reservation to the said Kent Scientific Institute in the transfer by it made to the Board of Education of said city, and of the propertj^ and assets belonging thereto real or personal intended for or used in connection with the museum of said city, and of all property now or hereafter belonging to or used in connection with said museum. ELECTION, ETC. (Sec. 445.) Par. 4. The election of members of said board shall be upon a separate ballot and in a separate box from all other offices or questions voted upon. All persons eligible to vote for school officers shall be eligible to vote for library commissioners. The result of the vote shall be canvassed and declared in the same manner as in the case of city officers. Except as herein otherwise provided the election of library commissioners shall be governed by the same rules as the election of members of the Board of Education. 130 WHO EI.KJIBLK TO KI.ECTION AS LIBRARY COM3IISSIOXKR. (Sec. 446) Par. 5. Any qualified voter at school elections in the city shall be eligible to election as library commissioner. Nomina- tions shall be made in the same manner as nominations for members of the Board of Education, excepting that city at large shall be the election district. VACANCIES. (Sec. 447.)' Par. 6. In case of the death, resignation or removal from the city of any commissioner his position shall become vacant and the vacancy shall be filled by election by the remainder of the board, but for a term continuing only until the next charter election, at which time his successor for the unexpired term shall be nominated and elected in the manner herein provided. 0R(;AXIZATI0X of board— city treasurer CUSTODIAN OF FUNDS— ALLOWANCE OF BILLS. (Sec. 448.) Par. 7. No member of such board shall receive any compensation w^hatever for his services in connection therew^ith. An- nually on the first Monday of May the board shall organize by elect- ing one of its members president and one of its members secretary. The city treasurer of the city of Grand Rapids shall hold the funds of said library commission and all bills incurred by it shall be allowed by said board and certified by it to the city comptroller to be allow^ed by the Common Council and paid from the library fund. EMPLOY-MENT OF LIBRARIAN, ETC.— SALARIES. (Sec. 449.) Par. 8. The board may employ in its management of said library, such librarian, assistants, janitors and other employees or workmen as it may determine, and fix their salaries. It may purchase such books, charts, maps, and apparatus for the use of the library as it may find necessary and may do every act and thing necessary to maintain the library building and grounds and increase the usefulness of such library. For this purpose it may establish and from time to time alter, amend or repeal such rules and regulations in any manner not inconsistent with this act. Said board may also employ a super- intendent or director, assistants, janitors and such other employees for the purpose of managing and caring for the said museum, and may fix their salaries. FINES AND PENALTIES TO GO TO LIBRARY. (Sec. 450.) Par. g. All fines and penalties which by law are de- voted to library purposes and which now by law are paid to the Board of Education for such purposes shall instead thereof be paid to the board created by this act, unless the Board of Education shall direct such fines and penalties to be devoted to other lawful purposes. GIFTS TO BOARD FOR LIBRARY% ART GALLERY OR MUSEUIH PURPOSES. (Sec. 451.) Par. 10. Said Board of Library Commissioners is hereby authorized to receive gifts, devises or bequests either of real or personal estate as trustees for the Board of Education, either for the library or any matters connected therewith, the art gallery, or for the museum, and the said board is herebj' authorized to carry out in connection with any such gifts any trusts or trust conditions that may be attached thereto in the same manner as any other trustee. All such gifs, devises and bequests for the benefit of either said library, art 131 gallery, or museum, shall be subject to the same control and manage- ment by the said Board of Library Commissioners as the original library, art gallery, or museum committed to its care. FUNDS FOR SUPPORT OF OBUAKY, ETC. (Sec. 452.) Par. 11. There shall be placed in the budget annually for the support of the library and the running expenses thereof two- fifths of a mill on a dollar of the assessed value of the property of the city of Grand Rapids, and such further sum as may be determined by the common council in making up its budget from year to year. There shall also be placed in the budget for the purpose of creating a separ- ate fund such amount as may be found necessary by the Common Council for the care and management of the said museum. The Com- mon Council may provide from time to time temporarily funds for the purposes of such board in such manner and in such amount as it deter- mines to be necessary. REPORTS TO COMMON COUNCIL. (Sec. 453.) Par. 12. Annually on the first day of April the board shall present to the Common Council its report containing a full financial statement of all moneys received and the details of the expen- ditures of the same, both for the management and control of the library, art gallery, and of the museum, and such facts regarding the librarjr, art gallery, and museum, and recommendations concerning the same as the said board shall deem proper. ENFORCEMENT OF RIGHTS, ETC. (Sec. 454.) Par. 13. Whenever necessary for the enforcement of the powers, rights and privileges conferred upon said board it may in the name of the city of Grand Rapids institute in any court of com- petent jurisdiction an action at law or equity to enforce or protect the property placed in its charge or the powers and privileges hereby giveu to such board. 132 TITLE XVT. MISCELLANEOUS PROVISIONS. POWEIi OF MAYOR AXD MEMBERS OF COUNCIL TO ADMINISTER OATHS. (Sec. 459.) Par. i. The mayor or .chairman of any general or special committee of the Common Council shall have power to admin- siter an oath or affirmation to a person testifying in respect to any mat- ter pending before the Common Council or before any such committee. He shall also have power to administer the requisite oath or affirma- tion to a person subscribing an affidavit in respect to any such matter. PERJURY. (Sec. 460.) Par. 2. Any person who may be required to take any oath or affirmation under or by virtue of any provision of this act who shall under such oath or affi.rmation in any statement or affidavit or otherwise wilfully swear falsely as to any material fact or matter, shall be guilty of perjury and liable to the punishment thereof. CORPORATION FINDS— CLASSIFICATION OF— TK.4lNSFER OF, ETC. (Sec. 461.) Par. 3. The revenues and moneys of the corporation shall be divided into the following funds, to wit: First. General fund, which shall be devoted to the payment of expenses of the city, for which no provision is herein otherwise made, with the right to transfer any part thereof to any other fund. Second. Contingent fund, to defray the contingent expenses of said city, with the right to transfer the same or any part thereof to the general fund, or for such other purposes as the Common Council may determine. Third. Sinking funds, to pay the funded debts and interest there- oji of said city and the Board of Education. Fourth. Fire department fund, to defray the expenses of purchas- ing lots, erecting engine houses thereon, purchasing engines and other fire apparatus, and all other expenses necessary to operate and maintain the fire department of said city. Fifth. The Poor fund, to defray the expenses of providing for and taking care of the poor of said city. Sixth. Highway funds, to defray the expense of cleaning and sprinkling the streets, highways, lanes, alleys, pavements and cross- walks of said city and for repairing the graveled or unimproved streets. Seventh. Sewer fund, to defray the expense of cleaning and keep- ing in repair the sewers of said city. Eighth. The Public Building fund for the purchasing of any real estate, for the erection thereon of any public buildings, and to defray the expenses of erecting, repairing and preserving such public build- ings as the Common Council is authorized to erect and maintain. 133 Ninth. Superior Court fund to maintain the Superior Court. Tenth. Such other funds as the Common Council may constitute for special purposes not inconsistent with nor to be taken from any of the funds above constituted or raised, unless from the general or contingent fund, and the said Common Council is prohibited from transferring any money whatever from any of the special funds above constituted or raised, except for the purposes as in this charter stated: Provided, That by a tive-si.xths vote of all the members of the Com- mon Council a transfer may be made temporarily from one special fund to another or to the general fund. UNUSED SUM OF MONKV LKFT IN FUNDS TO BE TK.\NSFEKKED TO (.ENEKAT. FUND. (Sec. 462.) Par. 4. Whenever there shall be found in the treasury of said city any sum of money not otherwise appropriated, or when- ever any fund of said city shall contain a balance after all legal de- mands against it have beeji satisfied, the same shall be transferred to the general fund bv the Common Council. . CLAIMS FOR DAMAGES. (Sec. 463.) Par. 5. If any claim for unlitiuidated damages is made against said city for injuries to persons or property by reason of any defects in the sidewalks, streets, highways, cross-walks, bridges, alle3's, courts, public "grounds or public places in said city, or by reason of any negligence on the part of said city, or said city officials, or its employes, in any public work in which it or they are engaged, op any claim is made against said city in an action of tort, the claimant in such cases shall present the same to the Common Council within sixty days after the injury or wrong occurred, which claim shall state the place where such injury or wrong was received, the names of claim- ant's witnesses concerning the same, then known to claimant, a de- scription of the injury sustained, and a succinct statement of the facts constituting such claimant's demands against said city, and any further st.ntement that may be required by said Common Council, and if said claim arises from injury received by reason of any defect in the side- walks, streets, highways, bridges, alleys, courts, public grounds or public places in said city, or public works in which the said city or its officials are engaged, the claimant who alleges injury thereon shall give notice to the city by a written statement tiled with the city clerk within ten days of the time of said injury, specifying the location upon the street, alley, lane, highway, sidewalk, crossvv'alk, bridge, court, public place or public ground, or public works where the same was received, and the general character of the alleged defect claimed to have existed resulting in the injury of claimant; said preliminary notice not to take the place of the specific notice herein required to be filed within sixty daj^s. If required bj^ the Common Council or a com- mittee thereof, said claimant shall produce his witnesses before said Common Council or committee and they may be sworn and examined as to the nature of the claims, the amount thereof and the particular basis upon which they are made. The Council or committee shall have power to subpoena witnesses for such hearing. Any such claim shall be void unless such claimant shall bring an action against said city for such a demand within a period of one year from and after said Common Council has had a reasonable time, not to exceed sixty days, to investigate and pass upon such claim. 134 CLAIMS FOR DAMA<;ES— BAR TO ACTION', ETC. (Sec. 464.) Par. 6. It .shall be a .sufficient bar to any action or proceeding brought in any court for the recovery of any such claim against the city that such claim has never been presented to the Com- mon Council, or notice thereof given either as to the place of' injury or of the specific basis of the claim as provided for in the preceding section, within the time therein limited, or that the action or proceed- ing was brought before said Common Council, had such reasonable time to investigate and pass upon such claim as hereinbefore pro- vided, or that such claimant did not produce his witnesses for exami- nation upon claim made, as required by the preceding section, or that the action or proceeding was not brought within the period of one year after the time elapsed for the Common Council to investigate and pass upon such claim as hereinbefore provided. EXPENSES OF APPREHENDING CRIMINALS, ETC., TO BE PAID BY KENT COUNTY. (Sec. 465.) Par. 7. The expenses of apprehending, examining and committing offenders against laws of this state in said city and their confinement, shall be audited and paid by the supervisors of the count}^ of Kent in the same manner as if such expenses had been in- curred in any town of the said county. SUITS TO RECOVER FINES, ETC. (Sec. 466.) Par. 8. All suits which shall be commenced to recover an}- fine, penalty or forfeiture for the violation of any by-law, ordin- ance or regulation of the Common Council, or of any of the provisions of this act, shall be brought in the name of the city of Grand Rapids in anj' court having jurisdiction thereof. NO PERSON DISQUALIFIED AS JUDGE, JUROR OR WITNESS BECAUSE OF RESIDENCE IN CITY. (Sec. 467.) Par. 9. No person who is an inhabitant of the cit}^ and having the other requisite qualifications therefor, and not specially exempt therefrom, shall be disqualified because of such inhabitancy from acting as a judge, justice or a juror in the trial or other proceed- ings in any suit brought to recover any such fine, penalty or forfeiture, nor from serving any process or summoning a jury in such suit, nor from acting- in any capacity in any proceeding before or during the trial thereof, or in any proceeding after judgment therein taken to carry such judgment into effect; nor shall any person because of such inhabitancy be disqualified from being a witness on the trial of any issue or upon the taking of au}^ inquisition or assessment, or any inves- tigation of facts to which issue, inquest or investigation in au}^ suit as aforesaid, the city or any city or ward officer was a party, or in which the city or such ofificer is interested. PLEADINGS IN CERTAIN CASES. (Sec. 468.. Par. 10. All of the provisions of the preceding sec- tions in relation to the disqualification of any person because of his residence in the city, shall apply to all suits of whatever nature, civil or criminal buought in the name of the city of Grand Rapids, or on its account or in its behalf. 135 PLEADINGS IN CERTAIN CASES. (Sec. 469.) Par. 11. In suits commenced before any justice of the peace or in any other court for the recovery of any fine, penalty or forfeiture for violation of any provisions of the statutes of this state or any provisions of this act, or of any by-law, ordinance or regula- tion of the Common Council, it shall not be necessary to tile any declaration therein or to recite, or to name any plea in any writ or process, but the plea of the defendant shall be the same as in crim- inal cases and shall be to the complaint hied in such suit. If upon the trial of any such suit the defendant is acquitted, the judgment entered shall show that fact, and if convicted it shall show the judgment for the fine, penalty or forfeiture for vs'hich suit was brought and costs therein and the term of imprisonment, if any, in case of the non-pay- ment thereof. FINES, COSTS AND IMPBISON3IENT. (Sec. 470.) Par. 12. Every execution for any fine, penalty or for- feiture recovered for the violation of any of the provisions of the sta- tutes of this state, or of this act, or of any by-law, ordinance or regu- lation of the Common Council, may be issued immediately on the rendition of the judgment and shall command the amount thereof to be made of the property of the defendant, if any such can be found, and if not, then to commit the defendant to the Kent County jail for such time as shall be fixed therein by the court from which such exe- cution was issued. It shall be lawful for the officer receiving such execution to take the body of such defendant therein, unless such de- fendant shall point out or deliver to such officer sufficient goods and chattels belonging to such defendant, liable to execution and free from all encumbrances, to satisfy the same. The keeper of said Kent County jail shall receive the said defendant and keep him safely there- in during the time mentioned in said writ unless he shall sooner pay the amount specified in such execution and the cost of his detention. PAYMENT OF FINES AND COSTS BY CITY. (Sec. 471.) Par. 13. No execution shall issue against the city for any judgment or costs recovered against it, but the Common Council shall allow and pay the amount of anj' final judgment or costs which may be recovered against the city in the same manner as accounts are audited and paid by the city. PROCESS— HOW SERVED. (Sec. 472.) Par. 14. All process issued again-st said city shall run against the city in the corporate name thereof, and such process shall be served by leaving a true copy of the same with the maj-or or clerk of said city before the day of appearance mentioned therein. DOCUMENTS TO BE USED AS EVIDENCE. (Sec. 473.) Par. 15. All papers, books or other records of any matter required by the general statutes of this state, or any of the provisions of this act, or by the provisions of any by-law, ordinance, resolution or regulation of the Common Council to be kept in any of the several departments of the municipal government of the city, shall be deemed public records of such departments, and the same or copies duly certified by the custodian thereof, shall be prima facie evidence of their contents in all suits at law or in equity or in any other proceed- ings where evidence of their contents are required 136 ALL, FEES, COSTS, ETC., TO BELONG TO CITY. (Sec. 474.) Par. t6. All fees, costs, charges, or income of whal- cvcr nature collected by any otficer, agent or employee of the city, by virtue of his office or employment, shall be deemed to belong to tiie City, and shall be paid into the city treasury without delay and placed in the general fund thereof, if not otherwise expressly provided. NOT NECESSARY FOR CITY TO FILE BOND. (Sec. 475.) Par. 17. Whenever the city shall take any proceed- ings wherein bj- the statutes of the state a bond is required to be given, or shall be a pany to any suit or proceeding in any court or an appel- lant from any judgment or final order of a court wherein by the sta- tutes of the state, or by the rules and practice of the court where such suit or proceeding is to be commenced or is pending, or is sought to be takeii, a bond is required to be given, such statutes or such rules and practice of the court shall not apply to said city, but such pro- ceedings n:ay be taken or such proceeding or suit brought in any court, or ap;'eal taken from such final judgment or order, by said city without such bond being entered into bv it. NO OFFICER OR EMPLOYEE OF CITY TO HAVE ANY INTEREST IN ANY WORK, CONTR.\CT, PFRCHASE OR SALE, FOR, WITH, FROM OR TO THE CITY. (Sec. 476.) Par. 18. No officer or employee of the city or of any department thereof or of the Board of Education shall be a party to or directly or indirectly interested in or be the beneficiary of any work, contract, purchase or sale, for, with, from or to the city, or any de- partment thereof, including the Board of Education; or to or in an}' work, contract, purchase or sale with any contractor in relation to anj^ work, contract, purchase or sale, for, with, from or to the city or any department thereof, including the Board of Education, or in any work, contract, purchase or sale in which the city, including the Board of Education, has a direct or indirect pecuniary interest. Bids or con- tracts for or purchases of any material, machinery, process or thing, which, or the supply of which, is controlled by one person or company, or which is in any sense a monopoly, shall not be invited or made by or on behalf of the city or any department thereof, including the Board of Education, or included with other things to be bid upon or purchased, but must be invited and made separately. Any contract, purchase, sale or bid made in violation of the provisions of this section shall be absolutely void and of no force or effect against the city or any board or department thereof, including the Board of Education. Any officer, member of a board, or employe of the city, or of the Board of .l^ducation violating any of the foregoing provisions shall be forthwith deprived of his office or employment under the city government, if a city officer, board member or employe, pursuant to paragraph 10 of Title IL of the city charter; if a member of the Board of Education or of the Library Commission he shall be removed by those bodies under provisions substantiallj' conforming to said paragraph 10 of Title IT. of the said city charter. REMOVAL FROxM OFFICE. (Sec. 477.) Par. 19. The mayor may remove any member of any appointive board at any time for inefficiency, inattention to his duties, misfeasance or malfeasance in office, but prior to the time of such re- moval the mayor shall make a written report to the Common Council 137 setting forth in detail his reasons for such removal, and said reinoval shall not become effective until approved by a vote of two-thirds of all of the aldermen elect of the Common Council. MEANING OF TERM "PAVING" OK "PAVEMENT." (Sec. 478.) Par. 20. Wherever the term "paving'' or "pavement" is used in this act or the ordinances of the city, it shall be construed to mean any improvement or dressing of the streets, lanes or alleys of the city consisting of asphalt, brick, asphalt block, concrete, macadam, or covering the same with gravel or crushed stone. KKJHTS UNDER FORMER CHARTER TO REMAIN INTACT. (Sec. 479) Par. 21. Nothing in this act contained shall be con- strued to destro}', impair or in any manner take away any vested right, right of action or remedy acquired or given by any of the provisions of the charter of the city hereby repealed, but the same shall be and remain as valid in every particular as if said charter had remained in full force and effect and this act had not passed; and all causes of action arising under such provisions are hereby expressly preserved intact. All proceedings, assessments, suits or prosecutions of what- ever nature, civil or criminal, commenced under any of the provisions of such charter shall be carried on and completed the same as if such charter was still in force and effect. All proceedings, assessments or suits of whatever nature to be conimencod on account of any right or remedy arising under any of the iin ivisii ms of such charter and all prosecutions for any offence committed, or penalty or forfeiture in- curred while such charter was in effect, may be commenced and en- forced in the same manner in all respects and with the same effect, including any sentence thereunder, as if this act had not been passed and such charter was still the charter of the city, and such charter shall govern as to such rights, remedies, proceedings and punishments thereunder. THIS ACT NOT TO AFFECT ANY ACTION TAKEN BY COUNCIL PREVIOUS TO ITS PASSAGE. (Sec. 480.) Par. 22. Nothing in this act contained shall be so con- strued as to annul, impair or affect anj^ ordinance, b3^-law, resolu- tion or regulation of the city adopted by the Common Council before this act shall have taken effect and not inconsistent with the provisions of this act, but the same shall continue in full force until amended or repealed as completely as if this act had not been passed. \\A. OFFICERS TO FILE OUT THEIR TERMS OF OFFICE. (Sec. 481.) Par. 22,. All the officers of the city who may be in office at the time this act shall go into effect, unless otherwise expressly pro- vided, shall continue to exercise the duties of their respective offices for the terms for which they were elected or appointed, and until their successors shall have been elected or appointed and (\\\\y qualified. i:S TITLE XVII. JUSTICE COURTS. jrSTlCES— QVAMFICATION OF— KLECTION OF. (Sec. 486.) Par. i. There shall be two justices of the peace in and for the cit}' of Grand Rapids, who shall be electors of the city and residents therein. They shall be attorneys at law, duly admitted to practice their profession in the several courts of this State and thej' shall be elected in the manner justices of the peace are now elected in the cit}', and shall hold their offices until their successors are elected and qualitied. The justices of the peace now holding office in said cit\' shall continue to hold the same until the expiration of their respective terms and until their successors are elected and quali.*ied. The hies, records and dockets appertaining to the offices of the former justices of the peace in said city shall be kept in the office of the clerk herein provided for. Either of the present or future justices is em- powered to issue an execution according to law upon the judgments appearing upon such dockets, as if such judgments had been rendered by him. Jl STICKS— WHEN ELECTED- TERM OF OFFICE. (Sec. 487.) Par. 2. Justices of the peace in said city, except where they shall be elected to Tdl vacancies, shall be elected at the annual charter elections held therein, and shall hold their offices for a terni of four years from and after the fourth day of July, succeeding their election, and imtil their successors are elected and qualified. ROOMS FOR JUSTICE COIRTS, ETC. (Sec. 488.) Par. t.. The Common Council of the city of Grand Rapids shall provide such .rooms as shall be suitable for the use of holding justice courts and for jury purposes and an office for the clerk of said courts, which offices and rooms shall be as nearly contiguous to each other as may be found practicable by the Common Council of said city. The said Common Council shall also provide the neces- sary furniture, fixtures, dockets, books, blanks, stationery, etc., for use in the business of said courts and for heating and lighting the said rooms. -JISTICES- SAI..ARIES, FEES, OFFICF3 HOURS, ETC. (Sec. 489.) Par. 4. Each of Ihe justices of the peace of the city of Grand Rapids shall receive from the treasur}^ of said city an annual salary of one thousand three hundred dollars, which salary shall be in lieu of all fees, costs and charges to which said justice would be en- titled but for the provision of this act, except fees for the perform- ance of marriage ceremonies, for taking acknowledgments and for administering oaths in matters not connected with suits or proceed- ings in justices courts in said city; such salary shall be paid to said justices in monthly installments as other officers of said city are paid. 139 Each of said justices shall have his court room open and he shall be in attendance from the hour of nine o'clock in the forenoon until twelve o'clock noon, and from the hour of two o'clock in the after- noon until four o'clock. Provided, That where either of said justices is activel}' engaged in the trial of a suit, he shall so continue at least until five o'clock in the afternoon, when it may be necessary so to do in order to finish the trial of the suit in progress. JURISDICTION OF JUSTICES. (Sec. -190.) Par. 5. Each of said justices of the peace in said city of Grand Rapids shall as against all other justices of the peace of Kent County, have exclusive jurisdiction of all acts and proceedings within their jurisdiction where both the parties thereto shall at the time of the commencement of such actions or proceedings be residents of said city. They shall also have like exclusive jurisdiction as against all other justices of the peace of said County where the original cause of action existed in favor of a resident of said city but has by him been assigned. OATH OF OFFICE— JUSTICES TO HAVE SAME POWERS, ETC., AS JUSTICES IX TOWXSHirS. (Sec. 491.) Par. 6 The justices of the peace of the city shall file their oaths of office in the office of the clerk of the County of Kent, and shall have in addition to the duties conferred by this act on them, the sani'c jurisdiction, powers and duties conferred on justices of the peace in townships; and in all civil actions the said justices of the peace shall have concurrent jurisdiction with the circuit courts to the amount of five hundred dollars, and in actions of tort to the amount of three hundred dollars. DUTY OF JUSTICES. (Sec. 492.) Par. 7. It shall be the duty of the justices of the peace of said city to keep their offices in said city and attend to all complaints of a criminal nature which under the general laws of the State may come before them. ^VHEX JUDGMENT OR \'ERDICT OF A JUSTICE MAY BE SET ASIDE- MOTIONS AND AFFIDAVITS FOR NEW TRIAL— EXECUTION UrON A JUDGMENT. (Sec. 193.) Par. 8. The justice before whom any cause has been tried and verdict or judgment rendered shall have the same power and authority to set aside the verdict or judgment and grant a new trial therein, upon legal cause shown therefor, as the circuit courts of the State possess: Provided, That a motion in writing be made and filed with the clerk of said justice courts within five days after the rendition of the verdict or judgment in said cause. Said motion shall briefly and plainly set forth the reasons and grounds upon which it is made. .Affidavits upon which the motion is founded shall also be filed at the time of filing said motion, and notice of the hearing oi such motion with copy of the motion and affidavits filed as aforesaid, shall be served upon the adverse party or his attorney at least two days before the hearing thereof. Such Tnotion shall be determined within two days after submission and the same shall be submitted within one week after the motion has been filed. Should such motion for a new trial be granted, the costs of the former trial, together with the costs of the new trial shall abide the final determination of the suit and be 140 laxed in f;ivi)r of tlie prevailing part}', provided that the whole snm so inenrrcd shall not exceed the sum of twenty dollars. The time for taking an appeal from a judgment in case such motion be not granted shall begin to run from the time when such motion shall be overruled. In no case shall the pendencj' of such motion stay the issuing and levy of an execution upon a judgment entered therein; but in case of a levy under execution pending such motion no sale of property so levied shall be advertised or made until the final determination of such motion. «HEN APPEALS MAY BE TAKEN FROM JUDGMENT. (Sec. 494.) Par. 9. No appeal shall be taken from any judgment of any justice of the peace except in the following cases: (First.) When said justice shall disallow any claim in favor of any plaintiff or defendant in any cause, in whole or in part, to the amount of fifty dollars or more, or the verdict of the jury before whom the same shall be tried shall be for the sum of fifty dollars or upwards. (Second.) When said justice shall render a judgment to the amount of fifty dollars, or upwards, exclusive of costs, the party ag- grieved may take an appeal therefrom to the Circuit (Zourt for Kent County; Provided. That where the judgment rendered shall be for less than the sum of fifty dollars, the party conceiving himself aggrieved thereby may take a special appeal or certiorari upon questions of law to the said circuit court in the manner provided by the general laws of the State. (Third.) Appeals may be authorized by the Circuit Court of Kent Count}' when the party making the appeal has been prevented from making a defense upon the merits of the case in which such ap- peal is taken by circumstances not under his control; and such appeal may also be authorized by the Circuit Court of Kent County when in the opinion of such court justice requires that it be granted. (Fourth.) Under no circumstances shall any appeal be allowed or authorized after five days from the rendition of judgment, except as herein otherwise provided. In all cases where the parties against^ whom such appeal is sought have appeared in said justice court by attorney or agent, it will be sufficient to serve such attorney or agent with notices of all subsequent proceedings in such case, and all orders made therein by said Circuit Court may be served on said attorney or agent and such service shall have the same effect as though made on the parly against whom such appeal has been taken.. FEES FOR FILING APPEALS— CLERK OF COURT TO FILE RETURN TO APPEAL WITH CLERK OF KENT COUNTY. (Sec. 495.) Par. 10. Before any affidavit for appeal or writ or' notice of certiorari shall be served on any one of said justices in addi- lion to the fees allowed by law for making returns to an appeal or certiorari the entry fee for filing the same in the Circuit Court shall be paid to the said clerk thereof by the appellant or plaintiff in error, and the said clerk shall as early as possible file a return to such appeal or writ of certiorari in the office of the clerk of the Circuit Court for Kent County, and shall pay over to him the fees as aforesaid, and if said return is not filed with the clerk of the Circuit Court within ten days after the appeal costs or costs on certiorari shall have been paid, a writ of mandamus may be issued in the Circuit Court for the County of Kent to the clerk of the justices courts compelling him to make such return forthwith, and he shall be personally liable for the costs, if any shall be awarded in such proceedings. 141 BONDS OR FUNDS DEPOSITED AVITH CLERK OF COURT TO SECURE PAY- MENT OF JUDGMENT, COSTS, ETC. (Sec. 496.) Par. 11. In all cases where a party is required or allowed by law to give a bond as a condition of commencing or prose- cuting any suit, action or proceeding in such justices courts, such party may execute and file such bond, or he may in the discretion of the court deposit with the clerk thereof the amount of the bond re- quired in legal tender of the United States; and in garnishment pro^ ceedings the principal defendant may have any money or effects re- leased which have been garnished by filing with the justice before whom the case is pending a bond approved by said justice in double the amount of plaintiff's claim stated in his affidavit, and not less than fifty dollars, or deposit with the clerk of the court an amount equal to such a bond in money which money shall remain with said clerk until disposed of by the court according to law. A certificate of such deposit setting forth the case in which the amount thereof, the person by whom, the purpose for which and the time when deposited shall be given to the party depositing the same with the clerk of said court. Upon the final disposition of the case, action or proceeding in which such deposit was made, in case the party making such deposit shall be adjudged liable to pay the costs of such suit or proceeding or to pay any other sum to secure the payment for which said deposit was made, then such funds so deposited shall under the direction of the court be applied in payment and satisfaction of the same. Should any surplus remain after satisfying such order of the court, the same shall be returned to the party depositing it. FINES, ETC., FOR CONTEMPT OF COURT. (Sec. 497.) Par. 12. The justices of the peace mentioned herein shall have the power to make and adopt such rules of practice and decorum in their, courts as to them may be deemed advisable for the purpose of facilitating the business of said courts, and any party vio- lating any rule relating to decorum in said court shall be guilty of contempt and may be so adjudged by the member of said court where such rule shall have been violated, and for such violation the said jus- tice may fine the offender in a sum not to exceed fifty dollars, or com- mit said offender to the common jail of Kent County for a period not exceeding thirty days. If only a fine be imposed in default of the pay- ment thereof, said offender may be committed to said common jail until said fine is paid for a term not exceeding thirty days. WHEN JUSTICES M.AY .ACT .AS POLICE JUDGE — C!O.MPENS.\TION FOR S.YJIE. (Sec. 498.) Par. 13. It shall be part of the duties of each of said justices of the peace to act as judge of the Police Court of the city of Grand Rapids whenever, from any cause, the said judge of Police Court shall be unable to perform the duties of his office, and whenever there shall be a vacancy in said Police Court by reason of the death of the judge thereof, or otherwise, and for such service the said justice of the peace so serving shall receive as compensation the sum of three dollars per day in addition to his regular salary as such justice of the peace, one-half of which salary shall be paid by the County of Kent and one-half shall be paid by the said City of Grand Rapids in like manner, as the salary of said police judge is paid The justices of the peace shall exercise all the powers, authority and jurisdiction of said police judge, as aforesaid, while acting in his place. 142 RK.MOVAI. OF JrSTICE FROM OFFICE. (Sec. 499-) Par. 14. Any justice of tlie peace of the city may be suspended or removed from his office by the Circuit Court for the County of Kent for inefficient or unfaithful performance of his duties, or for any official misconduct, on charges specially preferred by the Commton Council of the city of Grand Rapids, or any member or officer thereof, or by three electors of said city, founded on affidavit tiled in said Circuit Court, specifically stating the charges, a copj'- whereof shall be served upon such justice, in such manner as .said Circuit Court shall direct. BOOKS, DOCKET.S, KTC, KEl'T BY CLERK OF COURT TO BE OPEN FOR IX.SPECTION, ETC. (Sec. 500.) Par. 15. All dockets papers and office books kept by the clerk of the justices courts shall at all times be subject to the inspection and examination by the Common Council or any member or officer thereof. It shall be the dut}' of said clerk to produce such dockets, papers, and books at all times whenever and wherever the Common Council shall direct, and if he shall refuse to so produce such dockets, papers or office books, as directed and required, the Circuit Court for the County of Kent, may on proper application being niade make an order requiring the same to be produced and enforce obedi- ence thereto. Jl STICES TO IXSTKVCT JURY IX JURY CASES. (Sec. 501.) Par. 16. It shall be the duty of said justices to instruct the jury in jury cases as to the law applicable to the case, which in- structions shall be received by the jury as the law of such case. NOTICE AND SALE OF STOLEN PROPERTY. (Sec. 502.) Par. 17. It shall be the duty of each of said justices of the peace at the first regular meeting of the Common Council in the months of August, November, February and May in every year, to make a statement on oath to be presented to the Common Council of all goods, wares and merchandise seized as stolen property that shall then remain unclaimed in the offices of either of said justices of the peace and immediately thereafter to give noti^ce once in each week for four weeks in one of the newspapers printed in said city of Grand Rapids to all persons who may be interested in such property or make claim thereto: Provided, always. That if any goods, wares, merchan- dise or chattels of a perishable nature, or which shall be' expensive to keep, shall at any time remain unclaimed in the office of either of said justices, it shall be lawful for said justice to sell the same at public auction at such time and after such notice as he may be directed to give by the Common Council of said citj-. RETURN OF STOLEN PROPERTY TO OWNERS. (Sec. 503.) Par. 18. It shall be the duty of each of said justices of the peace aforesaid who may recover or obtain possession of any stolen property, on receiving satisfactory proof as to the ownership of such property from the owner or his agent, to deliver such prop- erty to the owner upon his paying necessary and reasonable expenses which may have been incurred in the recovery, preservation or care of such property, including the expense of advertising the same. 143 SALE OF STOLEN PKOPEKTV. (Sec. 504.) Par. 19. It shall be the duty of each of the justices of the peace aforesaid to cause all property unclaimed after the expira- tion of the notice specified in paragraph 17 of this title, money ex- cepted, to be sold at public auction to the highest bidder, unless the prosecuting rttorney of Kent Count}^ shall direct that it remain unsold for a longer period to be used as evidence in the administration of justice, and the proceeds thereof forthwith to pay to the treasurer of the city of Grand Rapids together with all money, if any, which shall remain in iiis hands after such notice as aforesaid, less the expense of sale. JISTICES EXEKCLSING CIVIL JlRISmCTION DEEMED JUSTICES OF KENT COFNTY. (Sec. 505.) Par. 20. The justices of the peace of said city exer- cising civil jurisdiction shall be deemed justices of the peace of Kent County, and be subject to the general laws of the State in relation to civil causes before justices of the peace, and appeal from their judgment may be made to the Circuit Court for the County of Kent in the same manner as appeals from judgments of justices of the peace in towns are made, except as herein otherwise provided. AFTHOKITY OF JUSTICES IX CROIIXAL CASES. (Sec. 506.) Par. 21. The justices of the peace of said city shall have all of the authoritj' of justices of the peace in towns in criminal matters as well as civil, and perform all the duties herein required of them either under the State lav\' or by the provisions of this act CLERK OF THE JUSTICE COURTS— ELECTION— TEIOI OF OFFICE— SALARY —BOND— WHEN M.VY BE REMOVED — .APPOINTMENT OF DEPUTY, ETC. (Sec. 507.) Par. 22. At the annual charter election in 1907, and every two j^ears thereafter, there shall be elected a clerk for such justices of the peace to be known as "Clerk of the Justice Courts of Grand Rapids," who shall hold his office for the term of two years' from the first Monday of May next succeeding his election and until his successor is elected and qualified. Said clerk shall receive from the treasurer of said city an annual salary of one thousand dollars, to be paid to him in monthl}^ installments, as the other officers of said city are paid. He shall have power to appoint one deputy and revoke any such apointment at pleasure; the compensation of such deputy shall be fixed by the Common Council of said city, and such deputy shall be paid in the same manner as other city employees are paid. Any deputy so appointed shall have the power to perform all of the duties of said clerk, and the said clerk shall be responsible for the acts of such deputy. Said clerk may require such bond or other security from such deputy as he may deem proper. The said clerk of said courts shall file in the office of the city clerk of said city a bond, ap- proved by the Common Council of said city, in the penal sum of two thousand dollars, with two or more sufficient sureties conditioned that he shall well and truly perform his duties as clerk of said courts and account for and pay over all moneys which shall be received by him or his deputy, to the person or persons lawfully entitled to receive the same. The Common Council shall have power to remove said clerk at any time for causes provided for in the charter of the city of Grand Rapids. 144 CLERK OF JUSTICE COURTS— OFFICE HOURS — DUTIES, ETC. (Sec. 508.) Par. 23. The office of said clerk shall be open and he or his deputy be in attendance therein from eight o'clock in the fore- nocn until noon and from one o'clock to five o'clock in the afternoon on all days when the court is in session. It shall be the duty of said clerk to assist said justices in the preparation of process and to keep full and complete dockets of the proceedings before each of said jus- tices in the manner provided by law. Said clerk shall file and safely keep all books and papers belonging to said office. Said clerk shall ;ilso enter in a book the names of all persons who shall sit as jurors in said courts in the trial of causes, such names to be arranged alpha- betically, together with the date that each juror so sat and a reference to the page of the docket where the proceedings of the trial are entered. The said clerk and his deputy shall, by virtue of their office, be empowered to administer oaths, and take disclosures in garnish- ment cases. The said clerk shall receive all fees, costs, fines and dues of every description that shall become due and payable on account of proceedings in said courts before said justices, except fees for the performance of marriage ceremonies, for taking acknowledgments and for administering oaths in matters not connected with suits or pro- ceedings pending in said justice court, and shall keep an account of the same and pay over all such fees, costs, fines, penalties, forfeitures and dues (except such as are by law required to be paid to the clerk of the Circuit Court for the County of Kent, tipon the removal of causes from such justices courts to said Circuit Court, and such as are required by lav.' to be paid to the County treasurer of said county), to the tri'asm-er of the city of Grand Rapids for the benefit of said city, such payments to be made weekly. Said clerk shall also receive all other moneys paid into such courts for or on account of proceed- ings therein and shall pay over all such moneys to the person or per- sons lawfully entitled thereto, or to his or their duly authorized agent or attorney. FEES TO BE PAID CLERK OF COURT. (Sec. 509.) Par. 24. Before any civil action or proceeding shall be commenced in any of said justice courts there shall be paid to the clerk of said court by the party commencing the same, an entry fee of one dollar, and before the trial of any such cause or proceeding shall be commenced there shall be paid the same party a judgment fee of one dollar, but in case of nonsuit before the commencement of such trial no judgment fee shall be required. Proceedings in garnishment shall be treated as an auxiliary action and there shall be paid to the clerk of said court by the party commencing the same, an entry fee of 50 cents, and when an issue of fact shall be joined in respect to the liability of the garnishee or garnishees in such case a judgment fee of one dollar shall be paid before such trial shall commence. Upon the issuing of an execution upon any judgment rendered in said court there shall be paid to the clerk of said court the sum of 50 cents, which said sum together with other costs, shall be taxed in favor of the party paying the same if he be the prevailing party in the suit. For all services and proceedings subsequent to the issuing of the execu- tion or for the purpose of staying proceedings or removing causes to an appellate court, there shall be paid to the said clerk the fees pro- vided by law. Upon the adjournment of any cause there shall be paid to the clerk of said court the sum of 25 cents, and in cases of adjourn- ment by stipulation of the parties the costs of such adjournment shall be mutually borne by said parties. 145 CI>KKK TO ASSIGN CAUSES IN COURT TO JUSTICES RESPECTIVELY IN RE(iUL,AR ROTATION, ETC.— WHEN CASES MAY BE TRANSFERRED. (Sec 510.) Par. 25. The process issued from said justice courts shall be signed by the justice before whom the cause in which it was issued was commenced or is pending, and said clerk shall assign said causes begun in said courts to the justices respectively in regular rotation as nearly as practicable. If upon the return day or adjourn day of any cause the justice by whom the process was issued shall be absent at the time or is engaged in the trial of any other cause pend- ing in said court, the other justice thereof, if present, shall proceed therein as though it had been originally commenced before him. On the return day of any process before the justice of the peace before whom the cause has been assigned by the clerk, any party to said cause may have a new assignment of the same by presenting to such justice an affidavit therein made by himself, his agent or attorney, stating that the person making such affidavit has good reason to believe and does believe that said justice to whom said cause has been as- signed is interested therein or is biased or prejudiced against the party in whose behalf the affidavit is made. Said justice shall thereupon transfer said cause to the other justice of said court who shall proceed therein as if the same had originally been commenced before him. In all cases where causes are transferred from one justice to the other, the docket entries therein shall be made in the docket of the justice by whom the original process shall have been issued. Docket entries of proceedings had before each of said justices shall be made by the justice or clerk of said court and signed by the justice before whom such suit or proceedings were had, and upon the same day that such proceedings' were had. XRIAIi BY JURY, (Sec. 511.) Par. 26. If any party to a cause before either of said justices shall demand a trial by jury, he shall pay the fees there- for in advance to said clerk, and the same shall be disposed of by the clerk in the manner now provided by law and the moneys paid for jurors shall be taxed as costs in favor of the party paying the same, if he be the prevailing party in the suit, in addition to such other costs as he may be entitled to recover. FEES IN CRIMINAL CASES. (Sec. 512.) Par. 27. In criminal cases the same justice fees may be collected and in the same manner as in such proceedings before jus- tices of the peace in townships, except that the same shall be received by the said clerk and paid to the treasurer of said city as provided in civil suits. UNLAWFUL, FOR CLERK OR JUSTICES TO ACT AS COUNSEL OR AGENT FOB ANY PARTY IN ANY SUIT. (Sec. 513.) Par. 28. It shall be unlawful for said justices of the peace or said clerk or deputy clerk of said court to act as counsel, agent or attorney for any party in any matter, suit or proceeding within the jurisdiction of said court. REPEAL— WTHEN ACT TAKES EFFECT, ETC. (Sec. 514.) Par. 29. All acts or parts of acts contravening this act are hereby repealed: Provided. That all proceedings pending in the said courts ai the time this act shall take effect under the law here- tofore relating to justices of the peace and all judgments of said courts may be had and enforced under the provisions of this act and carried through ro termination hereunder. 146 TITLE XVIII. POLICE COURT. POIilCE JUDGE AND HIS ELECTIOX— TO BE ATTORXEY. (Sec. 520.) Par. i. There shall be established and organized in and for the city of Grand Rapids, a municipal court to be known as "The Police Court of Grand Rapids," and there shall be elected a judge and clerk of said court, as hereinafter provided. The police judge of said court existing under the law at the time this act takes effect and now officiating inlaid court shall continue to hold his office and exercise the powers and duties herein conferred under the title of Police Judge, until the expiration of the time for which he was elected. At the charter election in the city of Grand Rapids held in April, 1906, a police judge of said court shall be elected to hold his office for the term of four years from and after the first Monday in May next after his election and until his successor shall be elected and qualified. Be- fore entering upon the duties of his office he shall take, subscribe and file in duplicate with the clerk of said city and with the clerk of Kent County, respectively, the constitutional oath of office. He shall be an attorney and counselor at law, entitled to practice in all the courts of this State and a resident in and a qualified elector of said city. CLERK AND HIS ELECTION. (Sec. 521.) Par. 2. At the first annual charter election to be held in said city next after the passage and approval of this act, and at every second annual charter election thereafter, there shall be elected a clerk of the police court in the manner provided by law for the elec- tion of the judge of said court. He shall enter upon the discharge of the duties of his office on the first Monday of May next after his election, and hold the same for the term of tw^o years thereafter, and until his successor shall be elected and qualified. He shall be a resi- dent in and a qualified elector of said city. The present clerk of said court shall serve out the remainder of his term and perform all of the duties that may be required from such official under the provisions of this act. BOND OF CLERK. (Sec. 522.) Par. 3. Before entering upon the duties of his office the clerk of said police court shall take, subscribe and file with the clerk of said city the constitutional oath of office, and give a bond to the Cit}' of Grand Rapids and a bond to the treasurer of Kent County, each in the sum of two thousand dollars, with two sufficient sureties to be approved by the mayor of said city and the treasurer of said County, respectively, conditioned for the faithful discharge of the duties of his office and to account for and pay over to the proper treasurers in the manner herein provided, all moneys which shall come into his hands by virtue of his said office. The bond to the city shall be filed with the city clerk and the bond to the treasurer of said County shall be filed with said treasurer. 147 VACANCIES IN OFFICE OF JUDGE AND CLERK AND FILLING SA3IE. (Sec. 523.) Par. 4. In case of the removal from the city of the judge of said police court, his death, resignation or removal from office, his office shall be deemed vacant. The same causes shall be deemed to constitute a vacancy in the office of clerk of said police court. If from any cause a vacancy shall occur in the office of judge or clerk of said police court, the Common Council may order a special election to be held for the election of a judge or clerk, as the case may be, for the remainder of the term of said judge or clerk, which said election shall be conducted in the same manner as the annual city election. The Common Council, in the event of a vacancy in the office of the clerk of said court by reason of death or otherwise, may, by appointment, fill such vacancy until his successor shall have been elected and qualified. In the event of no special election having been called, the successor of said appointee shall be elected at the next regular charter election of the city held thereaftei:. In the event of a vacancy in the position of judge of said police court the Common Council, instead of calling a special election, may temporarily, by a majority vote of all the members elect thereof, elect some suitable and competent person police judge to fill such vacancy until the first Mon- day of May next succeeding; and in the event of such vacancy, if the Common Council shall not decide to call a special election to fill the same, there shall be elected at the next charter election a judge for said court to fill the unexpired term. Such person so elected shall qualify for the position upon the first Monday of May after he shall have been elected. DUTIES OF PROSECUTING ATTORNEY AND CITY ATTORNEY. (Sec. 524.) Par. 5. It shall be the duty of the prosecuting at- torney of Kent County or his authorized deputy, or assistant, to attend all sessions of said police court and prosecute all persons charged with a violation of any law of the State of Michigan. It shall be the dutj^ of the city attorney, or his authorized assistant, to attend all sessions of said court and prosecute all persons charged with a violation of the provisions of the city charter, or any ordinance of the city. COURT ROOMS— JITRISDICTION OF POLICE COURT— CHALLENGES OF JURORS. (Sec. 525.) Par. 6. The police judge shall hold a court in said city at a suitable place, to be provided by the Common Council thereof, styled '"The Police Court," and which shall not be a court of record. Said police judge shall have power and authority to take complaints, issue all processes necessary in said court, to be signed by or attested in the name of said judge, and the court shall have the same power to punish contempts and preserve order, to compel the attendance of wit- nesses, parties and jurors and determine as to the qualification of jurors, and such further powers incident to a circuit court and the judge thereof, .as may be convenient in the exercise of the jurisdiction and powers herein conferred upon him as such court. He shall also have all the powers and authority of a justice of the peace, except in the trial of civil cases. And in every trial in said court by jury, the city or the people, as the case may be, shall be entitled to but two peremp- tory challenges, and the accused to but two peremptory challenges. JURISDICTION CONTINUED— CHARTER AND ORDINANCES— PRACTICE, ETC., WHEN ARRESTS 3IAY BE MADE WITHOUT PROCESS. (Sec. 526.) P'ar. 7. Said police court shall have exclusive original jurisdiction to issue process for, hear, try and determine all cases 148 against persons charged with violation of the provisions of the charter of said city or of any act of the legislature relating to the government thereof and of the ordinances of the Common Council thereof already enacted or that may hereafter be enacted unless otherwise provided in this charter, anything in any other law of this State to the contrary notwithstanding. All of the provisions of the law relating to com- plaints against offenders for violations of the charter of said city or any ordinance of the Common Council of said city or of the acts afore- said, and relative to process proceedings and judgments therein, and to executions upon such judgments and proceedings thereon, shall ap- plj^ to said police court. Said police court shall also have exclusive original jurisdiction to issue process for, hear, try and determine all cases of misdemeanor and of a quasi criminal nature committed within the corporate limits of said city heretofore or hereafter within the jurisdiction of justices courts, anything otherwise herein or in any other law of this State contained, to the contrary thereof in any wise notwithstanding. Said police court shall also have exclusive orig'inal jurisdiction to issue process for, hear, try and examine, and to hold to bail or discharge all persons charged therein with the commission of felonies within the corporate limits of said city. Said police court shall have authority to sentence any person convicted therein of the commission of a misdemeanor and triable in justice courts of this State the same as justices of the peace may by law. It shall not be necessary to file a record of any conviction had in said court but the docket or journal entries and files shall be prima facie evidence of all proceedings had in said court. And in all cases of the violation of the provisions of the charter or ordinances of said city, each member of the police force may make arrest without process, when committed in his presence, in which case complaint and arraignment shall be made without delay. PKACTICE— PROCESS— PI RSriT OUTSIDE THE CITY— SHERIFF'S RECORD. (Sec. 527.) Par. 8. The practice in said court may be the same as practice in courts of justices of the peace in criminal cases. And the laws of this State relative to such practice and the procedure before justices of the peace in criminal cases shall, except as herein otherwise provided, be followed in said police court. All process issued out of said court shall be directed to the chief of police, or any member of the police force of said city, or to the sheriff of Kent County, but no such process shall be served or executed by the chief of police or any member of the police force outside of the corporate limits of said city except as in this act otherwise provided, unless in case of immediate pursuit in view of such officer, in which case he or they may pursue and arrest the same as the sheriff of the County might in like case dQ. It shall be the duty of the sheriff to keep a record of all process served by him outside of said city, which record shall show the date of the process, name of the accused, a summary of the proceedings had therein and the amount of fees and charges of the officers who shall execute the same. FEES PROHIBITED— SALARIES OF JUDGE AND CLERK. (Sec. 528.) Par. 9. The police judge and clerk shall receive no fees for their services performed under this act, but in lieu thereof the police judge shall receive an annual salary of one thousand eight hun- dred dollars, one-half of which shall be paid by the city of Grand Rapids, monthly, in the manner provided by law for the salaries of citj' officers, and one-half of which shall be paid by the treasurer of 149 the County of Kent out of the treasury of said County in the manner provided by law for the payment of the salary of the prosecuting at- torney. The clerk of said police court shall receive an annual salary of one thousand two hundred dollars, to be paid in the same manner as the salary of the police judge, one-half of which shall be paid by said city, and one-half thereof by the treasurer of the County of Kent, out of the treasury of said County. Neither the chief of police nor any member of the police force of said city shall be entitled to receive for his own use any fees for services performed under this act. OFFICES OF JUDGE AND CLERK, FrRNITrRE AND SUPPLIES. (Sec. 529.) Par. 10. It shall be the duty of the Common Council of said city to provide a suitable office for the judge and clerk of said court adjacent to the court room thereof as near as may be, and such necessary furniture, light, fuel, records, blanks, stationery and other articles as may be required for the judge, court, clerk, jury and other officers of said court. The office of said judge shall be separate from that of the clerk. COURT ALWAYS OPEN— ADJOURNMENT OF CASES— BAILIFF AND HIS ASSISTANT. (Sec. 530.) Par. 11. The police court shall always be open for business, but may adjourn its sittings from day to day and from time to time, as may be convenient, and not inconsistent with the dispatch of business. Cases and examinations pending in said court may be adjourned from time to time, not exceeding three months from the arraignment of the accused therein, unless the court shall be satisfied by proper evidence that the attainment of justice requires a further continuance, and then only for such further time as may be necessary to accomplish such object. The judge of said court shall appoint a good and competent elector of said city bailiff of said court, which appointment shall be in writing signed by such judge and filed with the clerk of said court as a part of the records thereof, and thereupon said clerk shall make a duly certified copy of such appointment and file the same with the Board of Police and Fire Commissioners of said city, which board shall at that time or at its first session thereafter, by proper resolution duly clothe such person with police powers, and he shall thereupon be a policeman of said city, vested with all the powers, rights and liabilities of such officers and of police constables, but not to receive pay as such policeman. The person thus appointed may be removed at the pleasure of such judge. Said bailiff shall receive a salary at the rate of eight hundred dollars per year, to be paid in the same manner as the salary of the judge of said court is paid; and upon a vacancy occurring in said office by removal or otherwise, the same shall be immediately filled as above provided. One member, at least, of the police force of said city shall attend each session of said court, to assist the bailiff. INSTRUCTIONS TO JURIES— APPEALS— DRAWING JURIES— PRACTICE. (Sec. 531.) Par. 12. It shall be the duty of the judge of said court to instruct the jury as to the laws applicable to any case on trial before a jury, which instructions shall be received by the jury as the law of the case. The defendant shall have the right of appeal and certiorari from final judgment of said court as provided by law for appeals and certiorari from final judgments of justices of the peace in criminal cases, provided such appeal or certiorari shall be taken and perfected within twenty-four hours from the time of the court pronouncing its 150 judgment or sentence. In State criminal cases, appeals and writs of certiorari shall be taken to the circuit court for the County of Kent. Juries shall be drawn and appeals and writs of certiorari, both in city and State cases, shall be taken, perfected and returned in the manner provided by law for like acts before justices of the peace in criminal cases, except as herein otherwise provided. CITY JUSTICES TO BE ASSISTANT POLICE JUDGES— EXTRA COMPENSA- TOR— COUNCIL, TO DECIDE IN CASE OF DISAGREEMENT ABOUT WHO SHALL SERVE. (Sec. 532.) Par. 13. Each of the justices of the peace of the city of Grand Rapids shall be ex-officio assistant police judges of said court, who shall possess the same qualifications as are required of the police judge, and exercise the same powers, authoritj' and jurisdiction that are herein conferred upon said police judge in case of the absence, inability or disability of the police judge to perform the duties of his office. In the event of a vacancy caused by the death of said police judge, one of said justices of the peace shall perform such duties as assistant police judge until such vacancy shall have been filled in the manner hereinbefore provided. The justice of the peace who shall act as assistant police judge shall receive pay for the time he shall so of- ficiate at the rate of three dollars per day, to be paid in the same manner as the police judge is paid, one-half by the city of Grand Rapids and one-half by the county of Kent. Should there be any dis- agreement between the justices as to who shall serve in police court, the Council shall decide the matter by vote. VIOLATIONS OF ORDINANCES— CHARTER^PRACTICE— DISPOSITION OF FINE MONEY- REPORT OF CLERK. (Sec. 533.) Par. 14. Cases commenced in the name of said city for violations of the provisions of the charter or ordinances thereof, or of any act of the legislature relating to the government thereof, shall be prosecuted and proceeded in, as in other criminal cases, and the judgment thereon, and the final process upon such judgment shall conform to the practice in other criminal cases; but all fines and costs collected in such cases shall be by the clerk of the police court paid to the treasurer of the city of Grand Rapids on the first Monday of each and every month, or within three days thereafter; and all fines and costs collected in state criminal cases shall at the same time be paid to the treasurer of the county of Kent by the clerk of said court, and receipts therefor shall be duly issued to said clerk. Said clerk shall at the same time report in writing to the Common Council of said city in city and state criminal cases, and to the board of supervisors in state criminal cases, the names of all persons tried in said court during the preceding month, the offense charged against each, and the amount of fines and costs collected by him in each case, and shall make oath thereto that the report is correct, and that he has paid over all the said moneys respectively in accordance with the provisions of this act. AMOUNT OF FEES AND TAXING COSTS, AND PAYING FEES. (Sec. 534.) Par. 15. The fees and costs in each case in said court, whether under the laws of this state, or under the charter or ordin- ances of said city, shall be the same as are or may be provided by law for like cases before justices of the peace in criminal cases and shall be taxed by said clerk. The fees of witnesses, jurors, sheriffs, and constables, other than police officers of said city, shall when col- 151 lected be paid to the party entitled to the same by said clerk. If the defendant shall plead guilty to the offense charged or be found guilty thereof on trial by said judge, judgment for costs accruing in the case shall be rendered against and paid by said defendant in addition to the line, penalty or forfeiture imposed. SECURITY FOR COSTS AND JUDGMENT AGAINST PRINCIPAL, AND SURETY. (Sec. 535.) Par. 16. The said police judge or clerk shall have authority in all cases, state or city, at his discretion, either before or after issuing of process, to require of the complaining witness security for costs to the satisfaction of said judge or clerk, and such surety or sureties shall sign a memorandum in writing to that effect, which said clerk shall keep as a part of the record in the case. If the de- fendant or accused be discharged on examination or acquitted on trial, the said police court shall enter a judgment for costs against the surety or sureties and complaining witness, either or both of them, which shall be of like force and effect, and shall be collected as upon judgments rendered by a justice of the peace in actions commenced by warrant, and the execution shall be in like form as executions upon said judgments; provided, however, before rendering such judgment said court shall cause to be certified on the record that such payments of costs bj^ such complainant is just and equitable. COUNTY TO PAY HALF THE EXPENSE OF SAID COURT— BUT NOT MORE TH.4N $2,000— AND METHOD OF COLLECTING SAME. (Sec. 536.) Par. 17. One-half of all costs and expenses of said city in maintaining and providing for said court other than the salaries of its officers shall be paid to the treasurer of said city annually by the treasurer of said county out of the treasury of said county, at the close of the regular annual session of the board of supervisors of said county: Provided, that one-half of the whole amount of the expense of said city for salaries of the police judge and clerk of the police court and rent of court room and office of said clerk, and records, blanks and stationery for use of said court and the officers thereof to be so paid, in any one year shall not exceed the sum of two thousand dollars. It shall be the duty of the treasurer of said city at the first day of each annual session of said board to present the claim of said city therefor duly certified, and said board shall, at the same session, audit and allow the same, if found correct, and order the payment thereof as aforesaid. KEEPING RECORDS— CLERK CUSTODIAN— REQUISITIONS FOR SUPPLIES- SIGNING DOCKET ENTRIES— CLERK TO RECEIVE ALL MONEYS- DEPUTY CLERK— OATH AND BOND— COMPENSATION— POWERS AND DUTIES OF CLERK. (Sec. 537.) Par. 18. The clerk of the police court shall keep and preserve the records and files of said court, and do all the necessary clerical work of said court, except as hereinafter provided, and be the custodian of the records, files and property thereof. He shall provide the court and its officers, by making requisition on the common council thereof, with the necessary stationery, records, blanks, and other articles. The journal or docket entries of said court shall be signed by the judge thereof. Said clerk shall receive and account for all moneys collected in said court. He sTiall annually nominate a suitable person as deputy, who shall be confirmed by the Common Council of said cit^. Such deputy shall, before acting, take 152 and file the oath of office and make and file like bonds as are re- quired of the clerk. The said deputy clerk shall perform the duties of said clerk when so required by said judge, and during the absence of said clerk, foi which he shall receive compensation for the time he shall officiate at the rate of three dollars per day, to be paid in the manner hereinbefore provided for the payment of the salary of the judge of said court, which amount so paid to said deputy shall, whea paid, be deducted from the salary of the clerk of said court. In case the office of said clerk shall become vacant by resignation or as here- inbefore provided, said deputy clerk shall become the clerk of said court until the next charter election of the city (or until such vacancy shall otherwise have been filled), and thereupon it shall become his duty to file bonds as clerk of said court, and appoint a deputy as hereinbefore provided. Said clerk shall not be concerned as counsel in any case in said court. Said clerk may sign and seal, either with a scroll or device (and if with a device, such device must be approved and adopted by said police judge, by an order filed and recorded by said clerk as a part of the records of said court), all writs and pro- cess issuing from said court as provided in this act. He shall hayt power to administer oaths, take recognizance or bail, swear wit- nesses and jurors, and to do all acts usual and proper to be done by the clerk of the Superior Court of Grand Rapids, within the juris- diction of said police court. SUSPENSION AND REMOVAL OF JUDGE. (Sec. 538.) Par. 19. Said police judge may be suspended from his said office and removed therefrom in the same manner and form as provided by law for the suspension and removal of justices of the peace. C030IITMENTS. (Sec. 539.) Par. 20. Whenever any person shall be sentenced by the police court to confinement in any place of imprisonment out- side of the corporate limits of said city, it shall be the duty of the sheriff or any deputy sheriff of Kent county, or any member of the police force designated by the police judge, to take, transfer and deliver such sentenced person under commitment of said court to such i)lace of imprisonment. All other commitments to any place of imprisonment in the county of Kent may be executed by said sheriff or any member of the police force of said city. STENOGRAPHER AND COMPENSATION. (Sec. 540.) Par. 21. In case of examinations of offenders by said police court for offenses committed against the criminal laws of this state, when said police court has jurisdiction to examine and hold to bail only, it shall be lawful for the Board of Supervisors of the county of Kent to appoint, on the recommendation of said court, some suitable stenographer for said court, to take down in shorthand the testimony in any such examination; and any stenographer so appointed shall receive such compensation for the time by him ex- pended in so taking down such testimony, and such price per folio for writing out in long-hand or on a typewriter such testimony so taken in shorthand, as shall be fixed by the Board of Supervisors of Kent county, the same to be allowed and paid out of the treasury of said county. PENDING CASES NOT TO LAPSE. (Sec. 541.) Par. 22. All criminal cases, examinations or pro- ceedings commenced in said police court before this act shall take eflfect. shall be tried, heard, determined or examined as if this act had not been passed. 153 TITLE XIX. DOCK AND SAFETY LINES. ESTABLISHMENT OF DOCK LINES A NECESSARY PUBLIC IMPROVEMENT. (Sec. 550.) Par. i. That the permanent establishment of dock, safety, sanitary and building lines along the shores and margins and in the waters and on the bed of Grand River, within the corporate limits of the city of Grand Rapids is a public necessity. DOCK LINE LIMITS— NOT EFI^CT PARTY RKiHTS TO DAM OR REDUCE SPACE FOR FLOW OF WATER— RIVER ABOVE AND BELOW, HOW SPANNED— ACQUIRING RIGHTS BY CONSENT OR CONDEMNA- TION PROCEEDINGS. (Sec. 551.) Par. 2. That along so much of Grand River as lies between the north line of Fulton street bridge, a public bridge across Grand river in said city, and the center line of the Detroit, Grand Haven and Milwaukee Railway Company's bridge across said river in said city, such dock, safety, sanitary and building lines are hereby permanently established and fixed as follows, to wit: Commencing on the east side of said river at the west face of the east abutment of said Fulton street bridge: running thence northerly on a straight line to a point located a distance of one houndred forty (140) feet measured westerly from the west line of Campau street along the south line of lot number eight (8) in Innis, McConnell, and Barnard's subdivision of lots three (3), four (4) and five (5) of block four (4) Campau plat: running thence northerly on a straight line to a point under the coping on the west face of the concrete abutment at the east end of and on the center line of the Grand Rapids & Indiana Railroad Company's bridge across said Grand River: run- ning thence northerly on a straight line to a point which is one and sixty-five hundredths (1.65) feet west of the southwest corner of the brick wall above the foundation of the Bissell Carpet Sweeper Com- pany's factory building; thence northerly on a straight line to a point on the center line of Bridge street bridge, a distance ot twelve and two-tenths (12.2) feet east of the west face of the east abut- inent under the coping of said bridge: running thence northerly along the west face under the coping of the Grand Rapids Terminal Rail- way Company's concrete wall along said Grand River to the west face of the east abutment of the public bridge across Grand River at Sixth street; thence northerly along said railway company's wall to the north line of East Leonard street: running thence northerly along the line of said concrete wall produced to the center line of the Detroit. Grand Haven and Milwaukee Railway Company's bridge across said Grand River. And on the west side of Grand River, commencing at the center line of the Detroit, Grand Flaven and Mil- waukee Railway Company's bridge across said Grand River and running thence southerly on a straight line parallel with the line above described on the east side of the said river, and of the uniform distance of six hundred feet therefrom, to the north line of West 154 Leonard street; running thence southcrlj^ on a straight line to the center line of the public bridge across Grand River at Sixth street, at a point five hundred eighty (580) feet west of the top of the west face of the east abutment measured along the center line of said bridge; running thence southerly on a straight line to a point two hundred fifty-five (255) feet easterly from the center line of Front street measured parallel to Fourth street, and one hundred ninety- three (193) feet southerly from the center line of said Fourth street measured parallel to Front street; thence southerly on a straight line to the center line of Bridge street at a point four hundred seventy (470) feet west, measured along the center line of Bridge street, from the line above described on the east side of Grand river; thence run- ning southerly parallel to. and of uniform distance from the line first above described on the east side of Grand River to the north side of said Fulton street bridge, all in said city of Grand Rapids. Notwithstanding the lines above described on either side of the river cut off a portion of the dam, it is not intended hereby to give the owners thereof or other parties in interest any right, not now existing, to alter the said dam, or to reduce the space for the flow of the water of Grand River at the said dam, nor in any way to change or effect the rights of the owners of said dam and water power as they now exist; and in case of the required occupancy by the owners of the space between the abutments at either side of the said dam and the dock line herein established and for a distance of one hun- dred and fifty feet above and one hundred feet below said dam on both sides of the river, it must be spanned in such manner as will allow the free passage of water under it and over said dam and in accord- ance with the plans to be approved by the Board of Public Works: Provided, however, that before anything in this section or act shall deprive the owner or owners of rights, estates or land bordering on the waters of said Grand River, within the limits of said city, from building out beyond the lines in this section established, or in this act provided to be established, it shall be necessary and it shall be the duty of the said city of Grand Rapids, and said city of Grand Rap- ids is hereby authorized and empowered to procure and obtain from every such owaier of rights, estates or lands within the limits of said city, bordering on said river, to be affected by the establishment and maintenance of such permanent line or lines, by purchase or written release, or by condemnation proceedings as hereinafter provided, or otherwise, the indefeasible right to the said city to maintain such line or lines permanently, together with the right to cause to be con- structed, suitable stone walls on and along such part of the line or lines as are in this act hereafter more particularly described, and together with the right of constructing and maintaining by said city of public sewers as hereinafter provided. COMMON COUNCIL TO NEGOTIATE WITH RIPARIAN LAND OWNERS. (Sec. 552.) Par. 3. The Common Council is hereby authorized to negotiate wnth riparian land owners along the whole or any part of the dock lines herein fixed by this act, or any person or party interested therein, for the purchase or release of the rights of said parties to their riparian rights or interests of, in or to any section or portion of the river bed between the dock lines herein established; and if the said common council shall reach an agreement with such riparian owners, or any of the parties interested therein, it is hereby given authority to make purchase of such rights and provide for com- pensation for the same in the manner herein provided in the event of it being compelled to take condemnation proceedings in the Su- perior Court of Grand Rapids. CONDEMXATIOX OY LANDS— ("ITY TO C050IENCE SUIT IN SUPERIOR COURT. (Sec. 553.) Par. 4. For the purpose of obtaining such right by and on the part of said city and for the purpose of depriving the riparian owners, and all other owners of rights, estates or land, of all rights or privileges which they may have to avail themselves of any advantage, privilege or right to build out into the river beyond such permanent dock, safety, sanitary or building lines herein established, or that may hereafter be established under and by virtue of the pro- visions of this act, and for the purpose of securing the right and privilege on the part of the city of Grand Rapids of excavating in the bottom of Grand river at any point between the said dock lines, for the purpose of deepening the channel of said river, the said city of Grand Rapids may, as to all that portion of such lines situated be- tween the north and south ends of the dock lines hereinbefore de- scribed, at any time after this act takes effect, institute and prosecute proceedings in the Superior Court of Grand Rapids for the purpose of taking such private property and obtaining said rights for the use or benefit of the public within the limitations of the constitution of this state, in the manner and form, except as herein otherwise pro- vided, fixed by the statutes of the state for the taking of property for public use: Provided, that such action may at any time be taken after said act takes effect for such part or portion of said dock lines herein established as may be decided and determined by the Common Council of the city of Grand Rapids; and that thereafter when it shall be determined necessary to secure the rights of riparian owners at other points along said Grand River and within said dock lines, other and further proceedings may be taken by said city in the manner aforesaid for securing to the city the said rights and interests of riparian owners within such portion of such dock lines as the said city at such time may determine to be necessary. PROSECUTION OF PROCEEDINGS. (Sec. 554.) Par. 5. Such proceedings shall be commenced and prosecuted by the city in the Superior Court in accordance with the general statutes of the state for taking private property for the use and benefit of the public. COMPENSATION TO OWNERS, ETC., FOR PROPERTY TAKEN— WHEN DOCK LINES BECOME PERM.4NENTEY FIXED — CITY MAY CONSTRUCT WALES AND SEWERS. (Sec. 553.) Par. 6. Within three months after the confirmation of the verdict of the jury, or after judgment of confirmation ori appeal be affirmed, the Common Council shall sei apart and cause to De provided in the treasury, unless already provided, the amount required to make compensation to the owners and persons interested for the private property taken, and rights condemned, as awarded by the jury, and shall in the resolution setting apart and providing said sum, if not already provided, direct the city treasurer to pay to the persons respectively entitled to the money so set apart and provided, to each his or her proportion, as ascertained and awarded by said verdict, and it shall be the duty of said city treasurer to securely hold said money in the treasury for the purpose of paying svich awards, and pay the same to the persons entitled thereto, according to the verdict of the jury, on demand, and not pay out the money for any other purpose whatever. The Common Council may provide the necessary amount by 156 borrowing from the general or contingent fund and repay the same from money raised by taxation to pay the compensation awarded by the jury, when collected, or otherwise, as it may decide. Whenever the necessary sum is actually in the treasury for such purpose the said treasurer shall make and sign duplicate certificates, verified by his oath, showing that the amount of the compensation awarded by the jury is actually in the treasury for the payment of the damages and compensation awarded in the case, giving the title of the case. He shall cause one of the certificates to be filed in the office of the clerk of said court and the other to be filed in the office of the city clerk; which certificates shall be prima facie evidence of the matters therein stated. Whenever the amount of such compensation is in the treasury and thus secured to be paid, the dock, safety, sanitary and building lines under and by virtue of such proceedings, or the right of the city if that shall be included in the proceedings to deepen the channel of Grand river between the dock lines aforesaid, shall become perman- ently fixed, and the said city of Grand Rapids shall have the power to cause to be constructed the masonry walls in this act provided for, or to deepen the channel of the bed of the said river between the said dock lines, in the manner in this act provided for; and the said city shall also have the power to construct and maintain public sewers as in this act provided, and from thence and thenceforth it shall be absolutely unlawful for any person or persons to construct any dock, wharf, building or structure of any kind extending over and beyond said lines, or to fill out in said river, or in any manner encroach upon said river beyond said lines so established and fixed by such proceed- ings, except as in this act and in the manner in this act provided. In case of resistance or refusal on the part of anyone to the Common Council, the Board of Public Works of said city, their agents or servants, entering upon and taking possession of such private prop- erty for the use and purpose for which it was taken at any time after the amount of compensation aforesaid is actually in the treasurj% ready to be paid to those entitled thereto, the said Common Council by the said city attorney, may apply to the said Superior Court, and shall be entitled, on making a sufficient showing, to a writ of assist- ance to put them in possession of the property. FEES FOB OFFICERS, JURORS AND WITNESSES. (Sec. 556.) Par. 7. Officers, jurors and witnesses in any pro- ceeding under this act shall be entitled to receive from the city the same fees and compensation as are provided by law for similar ser- vices in ordinary actions at law in the circuit courts of this state. COSTS TO BE PAID FR03I GENERAL FUND — ATTORNEY FEE. (Sec. 557.) Par. 8. All expenses and costs of the proceedings to take and use private property under this act incurred by the city, shall be paid out of the general fund of said city, and it shall be law- ful for the judge of said Superior Court in any case where lie deems the circumstances justify it, to order the payment by the city to any respondent of such reasonable attorney fee as he may deem just, not exceeding tw-enty-five dollars, which may be taxed with the costs. COMMON COUNCIL MAY DISCONTINUE PROCEEDINGS OR APPEAL. (Sec. 558.) Par. 9. The Common Council shall have power to discontinue proceedings under this act after the rendition of the ver- dict of the jury upon the payment by the said city of the costs of said proceedings, or it may direct the city attorney to move for a new 157 trial or to arrest the proceedings, or to take an appeal to the Su- preme Court; and in any such case the same proceedings shall be taken as hereinbefore prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required nor shall the city be required to pay the clerk of said Superior Court any fees. EVIDENCE OF OWNERSHIP OF LAND. (Sec. 559.) Par. 10. It shall be prima facie evidence as to who are the owners and persons interested in any property proposed to be taken or aflfected 'in the proceedings instituted under this act, if the register or deputy register of deeds of the said county shall testify in open court that he has examined the records and titles in his office and states who such records show are the owners of and persons interested in such property, and the nature and extent of such owner- ship and interest; and an abstract of title of such property or of any parcel or parcels thereof certified by said register or deputy register of deeds shall also be prima facie evidence as to the ownership and persons having interest in any such property, and the extent and nature of such interest. BUILDING OF BRIDGES, ETC. (Sec. 560.) Par. 11. After any such dock, safety, sanitary and building line shall have, as hereinbefore provided, or the right to deepen the river between the dock lines aforesaid, been established by judgment of confirmation of the verdict of the jury, or by affirma- tion in the Supreme Court of such judgment and the compensation, as hereinbefore provided, shall have been duly secured for the pay- ments of the awards of the jury, or after such rights as hereinbefore provided, shall have been secured by written release and consent, it shall nevertheless be lawful and the said city shall have the right, subject to the provisions of section four of article eighteen of the constituion of this state, to erect and maintain bridges, public mar- ket places and public market bridges in, over and across the said river, beyond the lines so established; such bridges, market places and mar- ket bridges to be supported bj' stone or iron piers or upon iron columns and supports resting upon the river bed: Provided, that all such supporting piers and columns shall not create any greater obstruction to the waters of the river than the present piers of the present public bridges across the same in said city. And provided further, that all such supporting piers and columns shall be erected in parallel lines with the faces of the said piers of said public bridges, and shall also be in line as near as may be with each other, and shall in no case be less than forty feet apart east and west, and not less than that distance from the said walls and lines. COUNCIL, 3IAY REQUIRE ABUTTING PROPERTY OWNERS TO CON- STRUCT WALL. (Sec. 561.) Par. 12. On either side of that portion of said river situate between a point one hundred feet below said dam across said river in said city and the said public bridge across said Fulton street in said city, the Common Council of said city, after the city has acquired, in the manner hereinbefore provided in this act, the right to maintain permanent lines, shall have the power and it shall be the duty of said city to require the owner or occupant of any lot, land or premises adjoining and bordering on said river beween said point below said dam and said Fulton street bridge, to construct, build and 158 maintain a suitable stone wall on and along said dock, safety, sani- tary and building lines on both sides of the river, between said points; such walls to be constructed under the direction and supervision of the said Board of Public Works, and in accordance with the plans and specifications to be bj- said board first prepared and approved. And said plans and specifications shall be prepared and approved by said Board of Public Works and filed for public inspection in the office of the engineer of said board within six months after said city has acquired the right to maintain the said permanent lines as afore- said: Provided, however, that no part of said wall shall be required to be built before May i, 1906, nor shall a wall more than four feet in height be required to be built during the first year, and thereafter said wall shall be raised in height as may be required by the Board of Public Works, as it shall deem necessary, until it shall be built to the height called for in said plans and specifications. Every such owner and occupant shall be required at his own expense to so construct such wall or walls, from time to time, on said line, in front of or adjoining his lands or premises facing or bordering on the river, and to main- tain the same in good order and repair at his own expense. After said plans and specifications have been prepared, approved and filed, any owner or occupant may of his own volition, without waiting for any order or direction from the public authorities, construct the whole or any part of said wall in front of or adjoining his lands or premises in accordance with said plans and specifications. NOTICE TO BE SERVED ON OWNERS TO BUILD WALL. (Sec. 562.) Par. 13. Before any such owner or occupant shall be required to construct and maintain any such stone wall, he shall first be notified in writing so to do, in accordance with the plans and specifications theretofore adopted by the Board of Public Works, by notice to be served in the manner hereinafter provided, at least thirty days before he shall be required to commence such construction. NOTICE— WHAT TO SPECIFY— DUTY OU COUNCIL IF OWNER NEGLECTS OR REFUSES TO BUILD WALL. (Sec. 563.) Par. 14. Such notice may be written or printed or partly written and partly printed, and shall specify therein, as near as may be, the location of the portion of the wall to be constructed, the length thereof and the height and thickness and slope thereof, and shall further specify as near as may be, the material and manner and method in which the same is to be constructed, all of which shall be in accordance with the plans and specifications adopted by said board on file for public inspection in the office of the engineer of said board, and the time within which such walls or por- tions are to be fully completed. Such notice before the issuing thereof shall be first approved by the Board of Public Works and signed by the president and countersigned by the clerk of said board, and shall be personally served upon such respective owners or occupants by the marshal or deputy marshal of said city, within such time as the said board shall fix. If the premises be occupied and the owner be a non-resident of the city, the said marshal may serve said notice by posting up the same in a conspicuous place on the premises ; and in case the said owner or occupant be absent from said premises, said notice may be served by leaving a copy of the same at his or her usual or last place of abode with some person of suitable age and discretion. If any such owner or occupant shall neglect or refuse to construct such wall or portions thereof, within the time, said board shall in such notice prescribe, it shall be lawful and it shall be the duty of the Common Council of said city to cause the same to be done under the 159 direction and supervision of said Board of Public Works and according to said plans and specifications, at the expense of said city, an accurate ac- count of the expense thereof shall be kept by the said Board of Public Works, and return made to the city clerk, which said account shall be certified by the engineer of said board to be correct and filed in the office of the city clerk within ten days after said work shall be done. Said accoimt, so certified by said engineer, shall contain a description of each parcel of real estate adjoining which said wall was built, and the expense thereof, and also the name of the owner or occupant of each parcel of said real estate, if known, and if not known, such fact shall be so stated in said ac- count. The expense to which any tenant or occupant may be thus sub- jected may be collected by him from the owner of the premises, unless otherwise agreed, or unless such tenant or occupant be bound to bear such expense by the terms or nature of the agreement under which he holds his premises. ASSESSMENT FOB 3IONEYS PAID FOR BUILDING WALL,, ETC. (Sec. 564.) Par. 15. And it shall be lawful for the Common Council of said city, and it shall be its duty, to direct by resolution that the Board of Assessors who are by this act constituted commissioners to make such assessment upon all owners or occupants of said abutting lands, who shall have neglected or refused to construct such part of the wall or walls as directed, for the amount of the expenses which the city was necessarily put to in the building of such wall or walls or parts thereof in front of such abutting parcels of lands on account of such default. And it shall be the duty of such commissioners to assess such amount or amounts upon such parcels of lands, but the same shall not be done until after notice to the owner or occupants who shall have a right to be heard, and also the right to appeal to the Common Council. Such notice, assessments and proceed- ings shall be in accordance with and under the provisions of Title VI of this charter, as near as may be, which relate to assessments for street and public improvements. After such assessments are thus made, the amounts thereof shall then become a lien upon all such parcels of land. Such lien or liens may be enforced by a sale of such lands under and in accordance with said provisions, or by suit in equity in the name of the city, to be by it begun and prosecuted to final decree in said Superior Court in accordance with the usual practice in chancery. RIGHTS OF CITY TO INGRESS, EGRESS, AND REGRESS OVER LANDS, AND TO CONSTRUCT SEWERS THEREIN — CITY TO HAVE RIGHT TO CLEAN OR DEEPEN RIVER BED. (Sec. 565.) Par. 16. After the said city shall have in the manner hereinbefore provided, obtained the right to maintain such permanent lines, and simultaneous with the construction of such stone walls along such lines, and to deepen the river bed between said dock lines, it shall have the right, power and authority of ingress, egress or regress over the lands of the adjacent owners or occupants adjoining or bordering upon said lines for the purpose of constructing and maintaining public sewers therein between the wall and the present banks of the river, such sewers to be constructed simultaneously, as near as may be, with the construction of such stone walls : Provided, however. That on the east side of said Grand River such right to construct such sewers shall not be exercised north of the north line of Lyon street, a public street in said city : And provided further, that on the west side of said river such power shall not be exercised north of the south line of the Grand Rapids & Indiana railroad bridge across said river in said city. The ordering of the construction of the said sewers and the construction thereof shall be under the direction of the Common Council 160 >!f said citj' and the Board of Public Works thereof, in the same manner, as qear as may be, as is now or iTereafter may be provided for the con- ■-iruction of public sewers in said city; and after any such sewer or sewers shall have been constructed the said city shall have alf reasonable right of ingress, egress and regress over the premises of private parties through whose property such sewers run, for the purpose of keeping the same in nitable order and repair; and the said city shall also have the power and .luthority at all times to keep such river within the corporate limits of said city, and the river bed within said corporate limits, clean- and unobstructed for the purpose of promoting the safety and health of said city and the in- habitants thereof; and shall have power and authority within the dock lines established as aforesaid to deepen the river channel or occupy or use the river bed in such manner as may be deemed to be conducive to the best interests of the city of Grand Rapids. BOAR!) <>I' ITBMC WORKS— POWER TO ESTABLISH ROCK, ETC., LINES. (Sec. 566.) Par. 17. Power and authority is hereby conferred on the Board of Public Works of the city of Grand Rapids, by and with the con- currence of the Common Council, to establish dock, safety, sanitary and building lines on the shores and margin of Grand River within the cor- porate limits thereof and in the waters and on the bed of said river along- said shores and margin southward from the said north line of said Fulton ■-treet bridge to the south boundaries of the city as they now are or here- after may be established, and to build or cause to be built stone walls there- on under and in accordance with the provisions of this act ; and north from the north limits of said city as established by an act approved March 25, 1897, northward to the north limits of said city ; which said future lines, ■ iieji established, either north of the lines specilically fixed in this act or -nth of the lines specifically fixed in this act, shall be parallel as near as I'.ay be: Provided, however, That before said Board of Public Works shall establish such "future line or lines, either north or south of the lines fixed in this act, they shall give public notice thereof by publication of their intention so to do in at least two of the daily papers of said city, for a period of at least thirty days prior to the establishment of any such line or lines. And all parties interested in the establishment of any such future line or lines shall have a reasonable opportunity to be heard before said board prior to the adoption thereof by said board : And provided further, That such future line or lines shall become perm.anently established, proceedings shall be taken in the manner in "this act provided for the taking of private property necessitated by the establishment of such lines, and the condemn- ing of the private rights that would necessarily be condemned in the establishment of such lines. And after such proceedings shall have been had in the manner in this act provided, such lines shall become permanently fixed as the dock, safety, sanitary and building lines, north or south, as the case may be, of the lines specifically fixed by this act. COSmOX COI'NCIE TO EXFORCE POWERS GRAXTEI) BV THIS ACT BY ORDIXAXCES. (Sec. 567.) Par. 18. The Common Council of said city is hereby authorized and empowered to enforce the powers hereby granted relating to the establishment of dock, safety, sanitary and building lines, by ordinances duly enacted in that regard, and may impose appropriate penalties for that purpose within the limits prescribed by the charter of said city or the pro- visions of this act or the ordinances and regulations of the said Common Council and said Board of Public Works in relation thereto, may be en- forced at the suit of .said city by a bill in equity in the said Superior Court of Grand Rapids. 161 GENERAL REPEALING CLAUSE OF CHARTER. (Sec. 568.) All acts or parts of acts so far as the same are incon- sistent with the provisions of this act, the same being the charter of the city ofsGrand Rapids, are hereby repealed: Provided, however, That all rights, interests, proceedings or actions preserved by the express lan- guage of any part or portion of this charter shall not be modified or in any manner affected by this repealing provision, and. Provided, That the act of the legislature for the years 1903 approved repealing the charter of the Grand Rapids Hydraulic Company, or any of its pro- visions shall not be affected by this repealing clause ; and provided that the act of the legislature for the year 1897, approved April 24, to authorize said city to issue its bonds for the improvement of Grand River, and the so-called Superior Court Act approved March 24, 1875, and the amend- ments thereof shall not be affected by this repealing clause. 162 /^^ ^Ss 'r^ Yrr^ ^^ CHARTER The City of Houston HARRIS COUNTY, ...TEXAS... As Passed by the 29th Legislature 1905 HOUSTON, TEXAS: W. H. COYLE & CO., PRINTEKS, 1905. V Tin it ct^AM^ fi^ AN ACT To Grant a New Charter to the City of Houston, Harris County, Texas; Repealing all Laws OR Parts of Laws in Conflict Herewith, AND Declaring an Emergency. Be it enacted by the Legislature of the State of Texas: ARTICLE I. Secjion 1. CORPORATE NAME.— That all the inhabitants of the City of Houston, Harris County, Texas, as the boundaries and limits of said city are herein established, or may be hereafter established, shall be a body politic, incorporated under, and to be known by, the name and style of the "City of Houston," with such powers, rights and duties as are herein provided. Sec. 2. BOUNDARIES.— That the boundaries and limits of said corporation shall be four miles square, to be run with the cardinal points of the compass, of which the center of the Court House Square of Harris County, in the City of Houston, shall be the center; provided, that such part of the present boundaries of the incorporated town of Houston Heights as may be included in the above description of the boundaries of the City of Houston, shall be excepted therefrom and not included in the boundaries or limits of the City of Houston. Sec. 3. PLATTING OP PROPERTY.— That should any property lying within the city limits as established by this act be hereafter platted into blocks and lots, then and in that event the owners of said property shall plat and lay the same off to conform to the streets and lots abutting on same, and shall file with the City Engineer a correct map of same; provided, that in no case shall the City ot Houston be required to pay for any of said streets at whatever date opened, but w'hen opened by reason of the platting of said property, at whatever date platted, they shall become by such act the property of the City of Houston for use as public highways, and shall be cared for as such. article II. Sectiox 1. corporate POWERS.— The City of Houston, made a body politic and corporate by this act, shall have perpetual succes- sion, may use a common seal, may sue and be sued, may contract and be contracted with, implead and be impleaded in all courts and places and in all matters whatever, may take, hold, and purchase Charter of the lands as may be needed for the corporate purposes of said city, and may sell any real estate or personal property owned by it, per- form and render all public services, and, when deemed expedient, may condemn property for public use, and may hold, manage and control the same; such condemnation proceedings to be governed and controlled by the law now in force in reference to the condemna- tion of the right of way of railroad companies and the assessment ot damages therefor, and shall be subject to all the duties and ob- ligations now pertaining to or incumbent upon said city as a corpora- tion not in conflict with the provisions of this act. and shall enjoy all the rights, immunities, powers, privileges and franchises now pos- sessed and enjoyed by said city and herein granted and conferred. Sec. 2. POWERS OF ORDINANCE.— The City of Houston shall have power to enact and to enforce all ordinances necessary to pro- tect health, life and property, and to prevent and summarily abate and remove nuisances, and to preserve and enforce the good gov- ernment, order and security of the city and its inhabitants; to pro- tect the lives, health and property of the inhabitants of said city, and to enact and enforce any and all ordinances upon any subject; provided, that no ordinance shall be enacted inconsistent with the laws of the State of Texas, or inconsistent with the provisions of this act; and, provided, further, that the specification of particular pow- ers shall never be construed as a limitation upon the general pow- ers herein granted; it being intended by this act to grant to and bestow upon the inhabitants of the City of Houston and the City of Houston full power of self government, and it shall have and exer- cise all powers of municipal government not prohibited to it by this Charter or by some general law of the State of Texas, or by the pi'o- visions of the Constitution of the State of Texas. Sec. 3. REAL ESTATE, ETC., OWNED BY CITY.— All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise; all public buildings, market houses, school houses, fire engine stations, public squares, parks, streets, alleys, and all prop- erty of whatever kind, character and description which has been grant- ed, donated, purchased, or otherwise acquired by the City of Hous- ton through any means or agency, and all causes of action, choses in action, rights or privileges of every kind and character, and all property of whatsoever character or description -which may have been held, and is now held, controlled or used by said City of Houston for public uses or in trust for the public shall vest in, and remain in and in- ure to the said corporation, the City of Houston, under this act; and all suits and pending actions to which the City of Houston heretofore was or now is a party, plaintiff or defendant, shall in no wise be affected or terminated by the provisions of this act, but shall continue un- iibated. Sec. 4. STREET POWERS.— The City of Houston shall have power to lay out, establish, open, alter, widen, lower, extend, grade, narrow, •care for, sell, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges, and to vacate and close the same; and to regulate the use thereof; and to require the removal from the streets and sidewalks of all obstructions, tele- City of Houston graph, telephone, street railway or other poles carrying electric wires, signs, fruit stands, showcases, and encroachments of every character upon said streets or sidewalks; and to vacate and close private ways. Sec. 5. TO REGULATE STREET AND ELECTRIC RAILWAY COMPANIES. — The City of Houston shall have the power by ordinance or otherwise, to regulate the speed of engines, locomotives and street cars within the limits of said city; and to require steam railway com- l-anies to keep the streets over which they run properly drained, and to light the same wherever deemed necessary, and to require steam and electric railway companies to construct and keep in re- pair from curb to curb bridges and crossings over all the ditches, and to construct and maintain drains and culverts where crossed by any line of said railways on all streets over which they run; to di- rect and control the laying and construction of railroad tracks, turn- outs and switches, and to regulate the grade of same, and to re- quire them to conform to the grade of the streets of said city as they may be or are now established, and that said tracks, turnouts and switches be so constructed and laid out as to interfere as little as possible with the ordinary travel in the use of the streets. The City of Houston shall have power by ordinance or otherwise to require steam railways using any portion of the streets of the city to pay all or any part of the paving, grading, draining and repair thereof along the street so used by such railway, and to light the same whenever and wherever deemed necessary or advisable. Said city shall have power by ordinance or otherwise to require any street or electric railway company to pay the cost of the grading, paving, repairing or repaving or otherwise improving the street or streets or intersections thereof used or occupied by such railway company, and such cost shall be a lien upon the property and fran- chises of the company. The portion of the street occupied by an electric or street railway company shall be deemed to be ihe space between its tracks and twelve inches on the outside of each of its rails, and all the space between double tracks, turnouts and switches. Any railroad company or street railway company proposing, with the permission of the Council, to occupy any street or streets already occupied by any such other Company, shall, besides paying for paving as may be required by the City Council, or by the provisions of this act, be required also to pay for paving between the tracks of said two roads to within twelve inches of the track of such other road, and such cost shall be a lien upon the property and franchises of the company. Should any railroad or street railway company propose to lay a track on any street or portion of a street which shall have been im- proved under the provisions of this act, it shall become liable for the portion of the cost of such improvement as the City Council may direct, or as is fixed by this act. No railroad or street railway company shall be permitted to occupy any street or portion of a street, improved or otherwise, not previously occupied by it, except with the permission of the City Council. The City Council shall have power by ordinance to require any street car or electric railway company, or other person or corporation Charter of the operating street cars in, into or through the City of Houston, to issue to its passengers transfers from any of its lines to any other lines within the city, upon the payment by said passenger of the fare or rate prescribed for one continuous passage. Sec. 6. TO REGULATE RATES OP PUBLIC UTILITIES.— The City Council shall have the power by ordinance to fix and regulate the price of water, gas and electric lights, and to regulate and fix the fares, tolls and charges of local telephones and exchanges; of public carriers and hacks, whether transporting passengers, freight or bag- gage, and generally to fix and regulate the rates, tolls or charges of all public utilities of every kind. To fix and regulate the fares nnd charges of electric or street railway companies, and shall require by ordinance, under proper penalties, that any street railroad using any of the streets of the city shall for one fare give a transfer from any of its lines to any other line in the city, whether such other line be owned by it or any other company, and in addition to the penalties to be prescribed by ordinance for the failure to give transfers, shall have the right by mandamus or other proper remedy in any court of competent jurisdiction to enforce any ordinance requiring the giving of transfers by any street railroad company; and in addition thereto the City of Houston may recover of the street railway company the sum of twenty-five dollars as penalty and liquidated damages for each and every failure to give a transfer. It shall be unlawful to continue, amend or extend any street rail- road franchise, without binding any such railroad to give universal transfers, under provisions to be fixed by general ordinance. Sec. 7. MAY OWN WATERWORKS.— The City of Houston may buy or construct, own, maintain and operate a system of waterworks, gas or electric lighting plants, street cars and sewers, and it shall be its duty to regulate, care for and dispose of sewage, waste water, surface water, offal, garbage and other refuse matter, and to make rules and regulations governing the same, and prescribe penalties for violations of said rules and regulations. Sec. 8. FIRES. — The City of Houston shall have po-wer to provide means for the protection against and the extinguishment of conflagra- tions, and for the regulation, maintenance and support of the fire department, and for the purpose of guarding against the calamity of fire, may prescribe fire limits, and may regulate or prohibit the erection, building, placing or repairing of wooden buildings within such limits in said city as may by ordinance be designated and pre- scribed as fire limits, and may also within said limits prohibit the moving or putting up of any wooden buildings from without said limits, and may also prohibit the removal of any wooden buildings from one place to another within said limits, and may direct and prescribe that all buildings within the limits so designated in the ordinance as fire limits shall be made or constructed of fire-proof material, the kind, character, extent and quality of which buildings and material may by ordinance be prescribed and fixed, and may pro- hibit the repairing of wooden buildings in fire limits when the same shall have been damaged to within fifty per cent of the value thereof. City of Houston and may prescribe the manner of finding such, damages, and may de- clare all dilapidated buildings to be nuisances and direct the same to be repaired, removed or abated in such manner as the Council may prescribe, and may declare all wooden buildings in the fire limits which they deem dangerous to contiguous buildings, or which may cause or promote fires, to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fire-proof roofing may be used, and may impose a penalty for violations of such rules and regulations. The city shall have the right by ordinance to regulate, prescribe and govern the storage of lumber, sash, doors, blinds and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits within which such materials may be carried, and fix penalties for violation of the rules and ordinances governing the same. Sec. 9. WHARVES AND DOCKS.— Said city shall have power to establish, buy, erect, maintain, own, lease and regulate wharves and docks, charge wharfage and dockage, regulate the use of White Oak and Buffalo Bayous, and fix places for the anchorage of water craft thereon. Sec. 10. MARKETS.- — Said city shall have power to establish, lease, maintain, regulate and operate markets and market places, and ab- batoirs and to build, own and maintain buildings therefor, and to rent and lease the same. Sec. 11. CHARITIES AND CORRECTIONS.— The city shall have power to establish, maintain and regulate the city prison, or city prisons, work houses, rock piles and other means of punishment for vagrants, city convicts, and disorderly persons, houses of correction and reformatories for youthful criminals, compulsory schools for chil- dren without parents, or vicious parents, or parents who wilfully and grossly neglect them, and such other places of incarceration and re- formatory institutions, and such hospitals, orphanages and charitable institutions as it may deem expedient; provided, however, that no gratuity that is purely personal, and no pension shall ever be granted to any individual, and no money of the city shall be paid out except for personal services rendered, and for the other purposes specified or authorized by this act. Sec. 12. FINES FOR VIOLATION OF ORDINANCES.— That the by-laws and ordinances of the city shall be enforced by a fine not to exceed two hundred dollars ($200.00); provided, that no ordinance or by-lav/ shall provide a lesser penalty than is prescribed for a like offense by the laws of the State. The City Council may provide by ordinance for the commutation of fines imposed, by labor in a w^ork house or on a rock pile, or upon the public streets and public ways of the City of Houston, and for the collection of any fine imposed execution may be enforced as other execution issued in civil causes. Sec. 13. CORPORATION COURT.— There shall be a court for the trial of misdemeanor offenses known as the "Corporation Court," with such powers and duties as are defined and prescribed in an act of Charter of the the Legislature of the State of Texas, and any acts amendatory thereof, entitled, "An Act to establish and create in each of the cities, towns and villages of this State a State Court, to be known as the Corporation Court, in each city, town or village, and to prescribe the jurisdiction and organization thereof, and to abolish municipal courts"; said act having been presented to the Governor of Texas March 15th, 1899, and not having been by him disapproved. The magistrate of said court shall be known as the "Judge of the Corporation Court," who shall be a qualified voter, and shall be ap- pointed by the Mayor and confirmed by the City Council, and shall hold his office for two years, unless sooner removed by the Mayor and City Council, and shall receive such salary as may be fixed by ordinance. It shall be the duty of the Mayor, as soon as practicable after the passage of this act, to nominate some suitable person to the City Coun- cil, to be by it confirmed, for the position of Judge of the Corporation Court, who shall discharge the duties of said office under the terms and provisions of the State law creating said court, and also subject to the provisions of this act. There shall be a clerk or clerks of said court, with such deputies as may be created or provided by ordinance by the City Council, who shall be appointed by the Mayor, and shall be subject to removal at any time by the Mayor or City Council, and shall receive such salary as may be fixed by the City Council. The clerk or clerks of said court, and the deputies thereof, shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally to do and perform all things and acts usually, or necessary to be performed by clerks of courts in issuing process of said courts and conducting the business thereof. The City Council may require such clerk, clerks or deputies created by it to perform such other duties, in addition to the duties of the clerk or deputy clerk, as may be prescribed, or may piovide that some other persons, in addition to other duties, may perform the duties of a clerk or deputy clei'k, without extra compensation. Sec. 14. SCHOOLS.— THE CITY OF HOUSTON AN INDEPEND- ENT SCHOOL DISTRICT.— The City of Houston shall constitute an in- dependent school district, subject to the general school laws of the State, except where in conflict with this act, and the city shall have authority to levy and collect taxes and appropriate funds for the sup- port and maintenance of the public schools within its limits. SCHOOL TRUSTEES— HOW APPOINTED, TERMS OP OFFICE, ETC. — The trustees to constitute the school board of said city shall here- after be appointed by the Mayor, and confirmed by the Council, but the trustees now in office shall continue to serve till the expiration of their respective terms; and all vacancies caused by death, resignation, or other cause, shall be filled by appointment in the same manner for the unexpired term. The regular term of members of the school board shall be two years, and the regular appointment of members shall be made a't the first meeting of the Council in May of each year, or as soon thereafter as practicable, and the necessry number of trustees shall be appointed to take the places of those whose terms have expired. City of Houston RIGHT OP MAYOR TO VETO ANY PECUNIARY LIABILITY.— No order, resolution, or vote of the school board by which any pecuniary liability shall be incurred, or any funds expended or appropriated, shall become effective until ten days after the same is adopted, and a certified copy thereof furnished to the Mayor, and the Mayor may at any time during said period veto the same by filing his objections thereto in writing with the secretary of the school board, who shall enter the objections at large upon the minutes of the board; said order, resolution or vote shall become void, unless at the next meeting of the board it shall again be adopted over the veto by the affirma- tive votes of at least five members, whose names shall be entered upon the minutes of the board. CITY TREASURER CUSTODIAN OF FUNDS.— The custodian of other city funds, as provided by this act, shall be the custodian of all public school funds upon the same terms and conditions as other funds, and his bond shall cover said school funds. HOW FUNDS ARE TO BE PAID OUT.— No school funds shall be paid out except upon pay rolls or warrants signed by the president of the school board and the Mayor of the city, and countersigned by the City Controller. DUTY OF SCHOOL BOARD TO MAKE FINANCIAL STATEMENTS. — It shall be the duty of the school board to make such financial statements or reports as may be requested by the Mayor or the City Council, and the Mayor or Council may make or cause to be made all such investigations as to the expenditures of funds or the conduct of the schools as either may deem proper. MEMBERS OF SCHOOL BOARD NOT TO RECEIVE ANY PAY, OR TO BE INTERESTED IN ANY CONTRACT, OR TO BUY OR SELL ANY SCHOOL WARRANTS, ETC.— No member of the school board shall receive any compensation for his services in any capacity what- ever, nor be interested directly or indirectly in any contract with, or claim or demand of any character against the school board of the City of Houston. Any such contract, claim, or demand shall be void, and any member of said board who shall become interested in any such contract, claim or demand, or shall buy or sell any school warrants or obligations of said board, and shall have any interest in any claims or obligations of said school board, shall be subject to removal by the City Council. Sec. 15. BURIAL GROUNDS, CREMATORIES AND CEME- TERIES. — The City Council shall have power to regulate burial grounds, crematories and cemeteries, and to prohibit burial within the city limits if deemed advisable, or if necessary to protect the public health, and to condemn and close burial grounds and cemeteries in the thickly settled portions or the city, and, when demanded by the public interest or public health, to remove or cause to be re- moved bodies interred in such condemned and closed cemeteries and burial grounds, and shall cause them to be re-interred in a suitable place to be provided by the city, at its expense, and whenever ad- visable, the city may condemn the land proposed to be used for the re- interring of bodies in the same manner as in condemnation suits of Charter of the railway companies, and use such, condemned ground formerly used for cemeteries, for such, purposes as may best subserve the interests of the city. The City Council shall have power and authority to make all needful and necessary regulations in regard to butchers and persons selling meats, farm products, fish, vegetables and fruit, and all food stuffs, and to require the same to be inspected and condemned if not found wholesome, and to provide penalties for violation thereof. The City Council shall have the right and power by ordinance to provide that the tenant or owner of any property shall pay to the city such reasonable charges for the removal of night soil or other refuse matter from the closets of the premises thereof, and to prohibit anyone except someone in the employ of the city, or by the city authorized to do so, from removing or carrying away the contents of any privy, vault or Avater closet, or any receptacle of human excrement, and the city shall have the right to have inspected the premises of all persons at any time in the interest of the public health, and for the purpose of making said inspection, the officers or agents of the city duly authorized to do so, shall have a right to enter upon the premises of any person at any hour during the day time to make said inspection. Whenever notice is given by any officer or employe of the city inspecting any premises that said premises need cleaning, the said night soil or other refuse matter shall be removed, and the owner or tenant of said premises shall pay the city the price pre- scribed therefor, and failure to do so shall subject said persons to the penalties to be prescribed by ordinance, and said persons shall be fined, upon conviction in the Corporation Court, in any sum not less than one dollar nor more than two hundred dollars. To prevent any person from bringing, depositing or having within the limits of said city any dead carcasses or any offensive or un- wholesome substances or matters, and to require the removal or de- struction b> any person who shall have placed upon or near his premises or elsewhere any substance or matter, filth or unsound beef, pork or fish, or hides and skins of any kind, and on his default, to authorize the removal or destruction thereof by some officer or employe of the city, and to require the owner of any dead animal to remove same to such place as may be designated. The City Council shall also have the power to pass ordinances au- thorizing the destroying of clothing, bedding, furniture and buildings infected with the germs of any infectious or dangerous disease, when in the discretion of the City Council the public health requires the destruction of the same, and may also in the same manner authorize the destruction or removal of buildings or other objects, after the same shall have been declared a nuisance and to be dangerous to the health or lives of the citizens of said city. That said corporation of the City of Houston is hereby given full power and authority to take such steps to improve and preserve the purity of the water in Buffalo Bayou, above the City of Houston, as it may think necessary; provided, that the power in this section shall not be construed to give said corporation any jurisdiction or control over said Bayou beyond the corporate limits of said city, except for the purpose of protecting or improving the water shed, i. e., the water City of Houston supply of both Buffalo Bayou and the smaller streams or tributaries; provided, further, that the said corporation shall have the right to condemn land, buildings and outhouses or closets when they may deem same necessary for the protection and preservation of the purity of the water in said Bayou, and shall have such police powers as to con- trol the same. The City Council shall also have power to require any persons or corporations owning or operating manufacturing enterprises within or without the city, which discharges refuse matter into Buffalo or White Oak Bayous, or the tributaries of either, to make other pro- vision for such refuse matter, or so purify the same as that the public health will be fully protected. Sec. 16. PEACE AND GOOD ORDER.— The City of Houston shall have power by ordinance duly passed to establish and maintain the city Police Department, prescribe the duties of policemen and regulate their conduct. To permit, forbid or regulate theatres, balls, dance houses and other public amusements, and to suppress the same whenever the pres- ervation of order, tranquility, public safety or good morals may de- mand. To regulate dram shops, drinking saloons and other places where intoxicating liquors are sold, and to close variety theatres when neces- sary, expedient or advisable. To prohibit and punish keepers and inmates of bawdy houses and variety shows; to prevent and suppress assignation houses and houses of ill fame, and to regulate, colonize and segregate the same, and to determine such inmates and keepers to be vagrants, and provide for the punishment of such persons. To inspect weights and measures, fix standards of weights and measures, and to fix penalties for not using or conforming to the same, and to provide that inspection fees may be fixed by ordinance. To make all needful and proper regulations concerning keepers of taverns and grog shops and other public houses, draymen, horse dri- vers, water carriers, omnibus drivers, hack drivers and drivers of baggage Avagons, and other vehicles, and especially to pi-eserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains, and to provide how and where hacks or other carriers shall stand or take their position upon the streets adjacent or near to said depots. To prevent extortion by carriers of passengers or baggage, hack, drays and public conveyances, by establishing maximum rates of charges and providing penalties for violation thereof. To provide and fix by ordinance public stands v.'here hacks and drays, baggage wagons or other public carriers shall stand on the streets of said city for the purpose of soliciting business, and to prescribe that they shall not stand, except when receiving or dis- charging passengers or freight at any points other than those desig- nated in the ordinance as public stands. To suppress gambling houses, and to punish keepers of gambling 10 Charter of the houses and pool sellers, and all persons who play cards or games of chance of any kind, and to punish persons who sell lottery tickets or who advertise lottery drawings or schemes and results of drawings or lotteries. To provide for the regulation of bakers and to prescribe the weight, quality and price for bread manufactured or sold in the City of Houston, according to the price of the material or otherwise, and to provide for the inspection of milch cattle, whether kept within the city or without the city limits, from which milk is sold within the city, and to provide for the inspection of the milk offered for sale, and to prescribe the fees to be charged therefor. To establish and regulate public pounds and to regulate and restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, geese and pigeons, and to authorize the distraining, impound- ing and sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold, and to impose penalties upon the owners thereof for the violation of any ordinances regulating or prohibiting the same. To tax, regulate, restrain and prohibit the running at large of dogs, and authorize their destruction when at large contrary to ordinance, and to impose penalties on the owners or keepers thereof. To prohibit and restrain or regulate the rolling of hoops; the flying of kites and firing of fire crackers; the use of velocipedes and bicycles, and the use of any pyrotechnic or any other amusement or practices tending to annoy persons passing in the streets or sidewalks or to frighten horses and teams. To restrain and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets or sidewalks by auctioneers and others for the purpose of business, amusement or otherwise. To prohibit mendicants, beggars or persons of infirm or maimed bodies, or suffering with diseases of any kind from soliciting alms, help or assistance upon the streets or sidewalks of said city, and to prescribe a penalty by fine for a non-observance thereof. To prohibit and regulate the ringing of bells and blowing of whistles of railroad engines or locomotives within the city limits, and to regu- late the speed thereof. To regulate and control the driving of cattle, horses and all other animals into or through the city. To prevent all trespasses and breaches of the peace and good order, assault and batteries, fighting, quarreling, using abusive, profane and Insulting language, misdemeanors and all disorderly conduct and pun- ish, all persons thus offending. To prevent and punish the keepers of houses in which loud or im- moral theatrical representations are given, and to adopt summary measures for the removal or suppression of all such establishments. The City Council shall have power to require, on due notice, all steam or street railway companies owning tracks within the city City of Houston 11 limits, upon ttie public streets or highways of said city, which may have been or may hereafter be abandoned by said companies by non- use, to remove such tracks and to restore at their own expense the street or way upon which such abandoned track is located to the pro'per grade. To prohibit, prevent and suppress horse racing, immoderate riding and driving in the streets of said city. To regulate the use of automobiles and the speed thereof. To prohibit and punish the abusers of animals. To com.pel persons to fasten their horses or other animals attached to vehicles or otherwise hitched or standing in the streets. To restrain and punish vagrants, mendicants, beggars and prosti- tutes. To regulate and control the sale, gift, barter or exchange of cocaine, opium, morphine, and the salts thereof. Sec. 17. FRANCHISES.— The right of control, easement, user and the ownership of and title to the streets, highways, public thorough- fares and property of the City of Houston, its avenues, parks, bridges, and all other public places and property are hereby declared to be inalienable, except by ordinance duly passed by a majority of all the members of the City Council and approved by the Mayor; and no grant of any franchise, or lease, or right to use the same, either on, along, through, across, under or over the same by any private cor- poration, association or individual, shall be granted by the City Coun- cil, unless submitted to the vote of the legally qualified voters of said city, for a longer period than thirty years; provided, however, that whenever application is made for any grant of franchise, lease, right or privilege in or to the streets and public thoroughfares of the City of Houston by any person or corporation, if they so request, the Council shall submit the same at an election called for said purpose, the expense of which shall be borne by the applicant for said franchise, and at said election, if the majority of the votes cast by the legally qualified voters shall be in favor of making said grant as applied for, said grant may be made for such a term of years as is specified in the ordinance submitting the same at said election; provided, however, that no grant shall be made or authorized for a longer perior than fifty years. The City Council may also, upon its own motion, submit all ap- plications or ordinances requesting the granting of franchises or spe- cial privileges in or to the streets, public thoroughfares and high- ways of the City of Houston, to an election, at which the people shall vote upon the propositions therein submitted; the expense of v/hich election shall be paid by the applicant, or applicants, therefor. No such franchise shall ever be granted until it has been read in full at three regular meetings of the Council, nor shall any such fran- chise, grant, right or easement ever be made to any private individual, corporation or association, unless it provides for adequate compen- sation or consideration therefor, to be paid to the City of Houston, and in addition to any other form of compensation, grantee shall pay annually such a fixed charge as may be prescribed in the fran- 12 Charter of the chise. Such grant under and any contract in pursuance thereof shall provide that upon the termination of the grant, the grant, as well as the property, if any, of the grantee, in the streets, avenues and other public places, shall thereupon, without other or further compensa- tion to the grantee, or upon the payment of a fair valuation there- for (the mode of ascertaining which shall be determined in the grant), be and become the property of the City of Houston, and the grantee shall never be entitled to any payment or valuation because of any value derived from the franchise or the fact that it is or may be a going concern, duly installed and operated. Every such grant shall make adequate provision by way of for- feiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates, and to maintain the property in good order throughout the life of the grant. The City Council may also inspect and examine, or cause to be inspected and examined at all reasonable hours, any books of account of such grantee, which books of account shall be kept and such re- ports made in accordance with the forms and methods prescribed by the City Council, which, as far as practicable, shall be uniform for all such grantees. Sec. 18. REFERENDUM.— Whenever application is made to the City Council of the City of Houston for any such grant or franchise, lease or right to use the streets, public highways, thoroughfares or public property of the City of Houston, as is provided for in the preceding section of this act, or whenever an ordinance is introduced in the City Council proposing to make the grant of any franchise, lease or right to use the public highways, streets, thoroughfares and pub- lic property of the City of Houston, publication of said ordinance of such proposed grant or right to use the streets, public thoroughfares and highways of said city shall be made by publishing the ordinance as finally proposed to be passed, which shall not thereafter be changed, unless again republished, setting forth in detail all the rights, pow- ers and privileges granted or proposed to be granted, in some daily newspaper published in the City of Houston, once a week for three consecutive weeks, which publication shall be made at the expense of the applicant or the person or persons desiring said grant, and no such grant shall be made, or ordinance passed, until after publica- tion in the manner aforesaid, nor shall any such ordinance confirm- ing or making any such grant, lease or right to use the streets, public highways and thoroughfares of the City of Houston take effect or become a law or contract, or vest any right in the applicants there- for, until after the expiration of thirty days after said ordinance has been duly passed by the City Council and been approved by the Mayor. Pending the passage of any such ordinance or during the time in- tervening between its final passage and approval by the Mayor, and the expiration of the thirty days before which time it shall not take effect, it is hereby made the duty of the City Council to order an election, if requested so to do by written petition signed by at least five hundred legally qualified voters of said city, at which election the legally qualified voters of said city shall vote for or against the proposed grant as set forth in detail by the ordinance conferring the rights and privileges upon the applicants therefor, which said ordi- City of Houston 13 nance shall be published at length and in full in the call foi' said election made by the Mayor, and if at said election the majority of the votes cast shall be for said ordinance and the making of said proposed grant, the same shall thereupon become effective; but if a majority of the votes cast at said election so held shall be against the passage of said ordinance and the making of said grant, said ordi- nance shall not pass, nor shall it confer any rights, powers or priv- ileges of any kind whatever upon the applicants therefor, and it shall be the duty of the City Council, after canvassing the vote of said elec- tion to pass an ordinance repealing the ordinance which has been by it passed, if the same has been passed. No grant of franchise, or lease or right of user, in, upon, along, through, under or over the public streets, highways or public thorough- fares of the City of Houston shall be made or given, nor shall any rights of any kind whatever be conferred upon any person, private corporation, individual or association of any kind whatever, except the same be made by ordinance duly passed by the City Council, nor shall any extension or enlargement of any rights or powers previously granted to any corporation, person or association of persons, in, upon, along, through, under or over the streets of the City of Houston be made, except in the manner and subject to all of the conditions herein provided for in this act for the making of original grants and fran- chises; provided, however, that the provisions of this section shall not apply to the granting of sidetrack or switch privileges to rail- way companies for the purpose of reaching, and affording railway connection and switch privileges to the owners or users of any indus- trial plants; it being the intention to permit the City Council to grant such rights or privileges to railway companies whenever in their judg- ment the same is expedient, necessary or advisable. Sec. 19. CONTRACTS FOR SERVICES.— No contract shall ever be made which binds the city to pay for personal services to be ren- dered for any stated period of time; but all contracts involving a per- sonal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. Nor shall the City of Houston or any one acting for it make any contract for supplies for the current use of any department of the municipality for a longer period than ninety days, and so far as prac- ticable, all supplies purchased for the use of any or all of the depart- ments of said city shall be made or let upon competing prices there- for. No contract shall be entered into until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts, whenever practicable, shall be made upon specifications, and no contract shall be binding upon the city unless it has been signed by the Mayor and countersigned by the Controller, and the expense thereof charged to the proper appropriation, and whenever the contract charged to any appropriation equals the amount of said ap- propriation, no further contracts shall be countersigned by the Con- troller. All contracts, of whatever character, pertaining to public improve- ment, or the maintenance of public property of said city, involving 14 Charter of the an outlay of as much as one thousand dollars ($1,000.00) shall be based upon specifications to be prepared and submitted to and ap- proved by the JJayor and City Council, and after approval by the Mayor and City Council, advertisement for the proposed work, or mat- ters embraced in said proposed contract, shall be made, inviting com- petitive bids for the work proposed to be done; which said adver- tisement shall be put in a daily newspaper not less than ten times. All bids submitted shall be sealed, shall be opened by the Mayor in the presence of a majority of the aldermen, and shall remain on file in the Mayor's office and be opened to public inspection for at least forty-eight hours before any award of said work is made to any competitive bidder. The Council shall determine the most advan- tageous bid for the city, and shall enter into contract with the party submitting the lowest secure bid, but shall always, in every adver- tisement of public work or contract involving as much as one thou- sand dollars ($1,000.00), reserve the right to reject any and all bids. Pending the advertisement of the work or contract proposed, specifi- cations therefor shall be on file in the office of the Mayor, subject to the inspection of all parties desiring to bid. ARTICLE III. Section 1. TAXATION.— The City Council shall have power, and it is hereby authorized to levy annually for general purposes and for the purpose of paying the interest and providing the sinking fund on the outstanding bonded indebtedness of the City of Houston, and for paying the interest and making provision for the sinking fund on such future bond issues as may be authorized an ad valorem tax on all real, personal and mixed property within the territorial limits of said city, and upon all franchises granted by the city to any individuals or corporations, of not exceeding a total tax of two dollars on the one hundred dollars appraised valuation of said property, except that an additional tax of not exceeding twenty-five cents on the one hun- dred dollars valuation may be levied on property in improvement dis- tricts for sidewalk improvements, if authorized as hereinafter provided in Section 16, Article IX; provided, however, that public property used for public purposes; actual places of religious worship; places of burial not held for private or corporate profit; all buildings used exclusively and owned by persons or associations of persons for school purposes (and the necessary furniture of all schools) and institu- tions of purely public charity, are hereby declared to be exempt from taxation; and provided further, that two hundred and fifty dollars ($250.00) worth of household and kitchen furniture belonging to each family in said city shall likewise be exempt from taxation. The City Council may also continue annually to levy and provide separately or jointly in the tax levying ordinance, for the assef;sment and collection of so much of the special tax provided by ordinance passed by the City Council of said city on the second day of June, A. D. 1888, as may be necessary to pay the interest on and create a sinking fund of not less than two per cent, of the indebtedness men- tioned in said ordinance, but the gross total of all the taxes levied for all purposes by said City Council for any one year shall not exceed two per cent, of the appraised valuation of all property, real, City of Houston 15 personal and mixed, in said city; provided, however, that the Council may levy a special tax in any improvement district, if any, and shall if authorized ol" not exceeding twenty-five cents on the one hundred dol- lars valuation for sidewalk improvements. And if for any cause the City Council shall fail or neglect to pass a tax ordinance for any one year, levying taxes for that year, then, in that event, the tax levying ordinance last passed shall and will be considered in force and effect as the tax levying ordinance for the year for which the City Council failed to pass a tax levying ordinance, and the failure so to pass such ordinance for any one year shall in no wise invalidate the collection of the tax for that year. The City Council may also determine and provide when taxes shall be due and payable by corporations or individual corporators, and all persons owning property, and prescribe penalties for the non-pay- ment of taxes upon the expiration of the time fixed by the City Council declaring w^hen the same shall be paid. The City Council may also levy, assess and collect from each male citizen of the city, over the age of twenty-one and under the age of sixty years, an annual poll tax of one dollar ($1.00); provided, how- ever, that all persons exempt from the payment of the State poll tax under the general laws of the State, or by virtue of the Constitution, shall be exempt from the payment of the city poll tax. Sec. 2. All real, personal and mixed property held, owned or situ- ated in the City of Houston shall be liable for all taxes due by the owners thereof, including taxes on real estate, franchises, personal and mixed property, and poll taxes. All personal property may be levied upon, seized and sold by the Assessor and Collector of Taxes, or such other officer as may be desig- nated by the City Council, for any taxes that may be due by the own- er thereof, without further warrant of authority than the produc- tion of his tax roll, which sale when made shall convey a prima facie title to the purchaser thereof; or the amount of the tax due by any person upon any species of property may be sued for in any court having jurisdiction, and a personal judgment may be recovered against any delinquent taxpayer or against any person to whom personal property on which the city tax is due has been sold, or who owns, holds or claims possession of said personal property. Sec. 3. The tax levied by the city is hereby declared to be a lien, charge and encumbrance on the property for which the tax is due, which lien, charge and encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city for the amount of the taxes due on such property is such as to give the State courts jurisdiction to enforce and foreclose said lien on the property on w^hich the tax is due, not only as against any resi- dent of this State, or person whose residence is unknown, but also against the unknown heirs of any person who owns the property on which the tax is due, and against non-residents. All taxes upon real estate shall especially be a lien and a charge 16 Charter of ilie upon the property upon which the taxes are due, which lien may be foreclosed and the tax collected by suit in any court having juris- diction. Sec. 4. It shall be the duty of every person owning or holding prop- erty in the City of Houston to render under oath to the Assessor and Collector of Taxes, or such other officer as may be provided for by ordinance, at his office in said city annually, within the time pre- scribed by the ordinances of said city, a full and complete inventory of all property so owned or held by him, whether real, personal or mixed, and to take and subscribe to an oath to the correctness ot such inventory, which oath may be administered by the Assessor and Collector, or such other officer as aforesaid, acting in person or by dep- uty. All property, real, personal or mixed, except such as is herein ex- pressly exempted, is subject to taxation, and the same shall be rendered and listed in the manner prescribed by the general laws of the State in regard to general taxation when applicable, unless provision is otherwise specially made therefor herein. The definition of property and terms as defined by the general laws of the State under the head of taxation shall apply to the taxation of this city, and all property subject to taxation as prescribed by the general laws of this State, except as herein specially exempted, shall be subject to taxation by the City of Houston. Sec. 5. The City Council shall have full power to, and may by ordi- nance, provide for the prompt collection of all taxes levied, assessed and due, or becoming due to said city, and to prescribe where prop- erty shall be assessed or rendered for taxes, and when the taxes thereon shall become due and payable, and to that end may and shall make such provisions as are necessary covering the levying, laying, imposing, assessing and collecting of any of said taxes, and to regulate the method and manner of making out tax lists and in- ventories, and the appraisement of property thereon, and to prescribe an oath that shall be administered to each person, on such rendition of the property and to fix the duties and define the power of the Assessor and Collector of Taxes, or such other officer or person as may be designated therefor by the City Council. All taxes shall be payable at the office of the Assessor and Collector, or such other officer as the City Council may prescribe, and no de- mand for payment thereof shall be requisite or necessary to enforce the collection thereof by any of the proceedings herein prescribed, nor for the collection of any taxes due before the passage of this act. All property which the owner thereof may fail or refuse to inventory, render and assess, or which the owner thereof may have failed or refused to inventory, assess and render for years prior to the pass- age of this act, shall be by the Assessor and Collector of Taxes, or such other officer designated by the City Council, inventoried, as- sessed and rendered for taxes for the year or years for which the same was not so rendered, inventoried or assessed by the owner thereof, and the Assessor and Collector, or such other officer designated by the City Council, shall have the right, and it shall be his duty at any time to revise, correct and reassess, and properly describe any property incorrectly rendered or assessed, or imperfectly described, Citij of Houston 17 for any year, without the necessity of giving notice to the owner thereof, provided, liowever, that the valuation as fixed by the Board of Appraisers shall not be changed, and such inventory and assess- ment when revised or corrected so made shall be as valid and effective as if on the assessment sheets or tax rolls, and as if regularly and duly rendered and assessed by the owner thereof for the year for which rendered, assessed and inventoried as above provided by the Assessor and Collector of Taxes, or such other officer as may be designated by the City Council, and said tax rolls and assessment sheets shall be vrivia facie evidence that said property was regularly and duly rendered, inventoried and assessed and properly described in all respects as if done duly and regularly by the owner in the first instance; provided, hov;ever, that if such assessment sheets or tax rolls are vague or indefinite, the City of Houston maj'' show by evidence other than the assessment rolls and tax rolls where the property is located, and on what property the tax is due; who owns the property, and that the taxes on the same are due and unpaid, and shall enforce and foreclose the tax lien on such property, as herein provided. Sec. 6. That all ad valorem taxes due or becoming due upon real, personal and mixed property, and upon franchises granted by the City of Houston to individuals or corporations, and all license taxes and occupation taxes, and all fines, forfeitures, penalties and other dues or taxes accruing to th.e City of Houston shall be collectible and payable only in current money or current funds of the United States. Sec. 7. That the City Council shall have the power to assess, license and tax hawkers, peddlers, auctioneers, theatrical and other exhibitions, shows and amusements, circuses, billiard tables, nine and ten pin alleys; alleys with any number of pins, public drays, wagons, omnibuses, carriages and automobiles, grog shops and dram shops, beer saloons, whether for the sale of domestic intoxicants or otherwise, and such other trades or occupations not specifically mentioned here- in, as are, or may be, taxed or licensed by the laws of this State, but no assessment or license tax levied under this section shall exceed one-half of the amount levied by the State for the same period on such trade, profession or occupation, and the same may be regulated, levied and collected in the same manner as said taxes are regulated and collected by the State of Texas. That all license taxes or occupation taxes shall be paid to the As- sessor and Collector of Taxes, or other officer designated therefor by the City Council, by each and every person or firm engaging in any trade, profession, business, calling, avocation or occupation, before engaging therein, and shall take his receipt therefor, which receipt shall be esteemed lawful license for the pursuit of the occupation in- dicated, and if any person shall engage in any business, calling, avocation or occupation, trade or profession, which by ordinance of said city is subject to a license or occupation tax, without first hav- ing obtained said license or occupation tax, he, she or they shall be liable to arrest, imprisonment and a fine to be fixed by ordinance for each and every day such violation of said ordinance may continue. 18 Charter of the and each day shall constitute a separate offense, and this section shall apply to all persons owing license and failing to pay the same, and the City Council may make such further regulations as it deems neces- sary to enforce this provision and punish persons violating the same. Sec. 8. All taxes due by property owners on any and all property for the year 1875, up to and including the year 1904, and for all years intervening, and for all years thereafter, until otherwise provided by charter, as appears upon the tax rolls of said city, may be col- lected by suit from delinquents and foreclosure of the lien thereon may be had in any court having jurisdiction of the same, and any per- son who shall purchase or shall have purchased property encumbered with a lien for taxes, or upon which taxes are due, shall be deemed as to such taxes a delinquent taxpayer, and such pui'chaser takes the property charged with the lien, and he cannot interpose any de- fense which his vendor might not have interposed had he continued to be the owner, except that no personal judgment shall be rendered for same against said purchaser; provided, however, that any delinquent taxpayer shall have the right to plead in any court and to rely as a de- fense upon the statute of limitation of four years in any suit brought for taxes alleged to be due the City of Houston, and in no case wherein such limitation is plead and the taxes sued for, or any part thereof, are shown to have been due and payable for four years or more before said suit was instituted, shall judgment be rendered for such taxes so shown to have been due for more than four years; provided further, however, that the defense of limitation shall not apply to any suit which may within one year after the passage of this act be instituted by the City of Houston for the collection of any taxes due for any year from 1875 up to and including the year 1901, nor shall it apply in any case wherein the sale of any property delinquent for taxes has been made under the provisions of this act, nor if such sales shall be made within one year after this act takes effect. It shall be the duty of the City of Houston, within one year after this act goes into effect, to cause suit to be filed for the collection of all back taxes which have accrued to said city and are due and un- paid for the year 1875, and for each and every year, or any and all years intervening, up to and inclusive of the year 1901, and after the expiration of one year from the time this charter goes into effect no suit shall be instituted, nor shall any sale of property be made by the City of Houston or its offlcers for any taxes which have become due and payable for more than four years prior to the filing of said suit, or the sale of said property by the proper officer of said city as pro- vided for in this article. And it shall be the duty of the City Coun- cil to pass an ordinance imposing a fine of two hundred dollars upon such person as is or may be employed by said Council to col- lect said taxes, who fails to use due diligence in the collection of all such taxes, and such persons so failing to do so. shall at onco be discharged from the service of the city, and each and every fail- ure shall be a separate offense and subject the person to such fine for each failure or separate offense. The City of Houston is hereby expressly authorized to, and has the right to maintain a suit to recover a personal judgment for the City of Houston 19 amount of any tax due it, accruing from any species of property taxed by it, as well as for license and occupation taxes, and the tax may be collected by sale of the particular property on which it is assessed, by enforcing the lien or by the sale of all or other property under a judgment of court, or by seizure and sale of personal property; pro- vided, that when any action is instituted against any person to re- cover taxes due the city, all the taxes due such person or per- sons upon any piece, lot or parcel of property, real or personal, shall be embraced in one suit, whenever the same is legal and practical, and when the same can be done and is not done subsequent to the pas- sage of this act, all taxes for years antecedent to those for which the taxes are alleged to be due, shall be conclusively presumed to have been paid. And where two or more actions are brought sub- sequent to the passage of this act, and all the taxes due might legally be or have been embraced in one action, the court shall, on motion of the defendant, or of its own motion, consolidate said action, and when same is done, the costs shall be paid as in only one action. In suits for taxes, the proper persons shall be made parties defend- ant in such suits, shall be served with process and other proceedings had therein, as provided by law for suits of like character in the District Courts of this State; and in case of foreclosure, an order of sale shall issue and the land be sold thereunder, as in other cases of foreclosure, which order of sale shall have all the force and effect of a writ of possession between the parties to the suit and any per- son claiming under the defendant by any right acquired after the filing of the suit; and the Sheriff or other officer executing such order of sale shall proceed by virtue of the same to place the purchaser of the property sold under such order of sale in possession thereof within twenty days, as provided by the general laws of Texas, after date of sale, but not before, and such order of sale may direct that the Sheriff or other officer executing such order of sale shall sell the property, either each piece separately, as under execution, or in gross, as the city, through its attorney, may direct; or if the defendant or his attorney shall, at any time before the sale, file, with the Sheriff or any other officer in whose hands any such order of sale shall be placed, a written request that the property described therein shall be divided and sold in less tract than the whole, together with the description of said subdivisions, then such officer shall sell the land in said subdivisons, as the defendant may request, and in such case shall only sell as many subdivisions as will satisfy the judg- ment, the court costs, and all other costs hereinafter specified. In all cases in which lands have been sold for default in the pay- ment of the taxes, it shall be lawful for the Sheriff or other officer selling the same, or any of his successors in office, to make a deed or deeds to the purchaser, or to any person to whom the purchaser may direct the deed to be made, and such deed shall be held in all courts of law or equity in the State to vest a good and perfect title in the purchaser thereof. The City Attorney or other officer designated therefor by the City Council shall represent the city in all suits against delinquent tax- payers, and in any and all suits by the City of Houston for the col- lection of the taxes due it there shall be charged in the cost bill in said case when judgment is rendered for the city, five per cent, upon 20 Charter of the the amount of the judgment so rendered in said cause, which amount shall be taxed as cost against 'the property upon which the tax is due and unpaid to the city, and in no case after suit has been filed shall a receipt for taxes be given on the property in. suit until after the payment of five per cent, attorney's fees as above provided, the cost of the City Assessor and Collector, or such other officer as herein stated, and all court costs. When judgment has been taken for taxes due on the property in suit, the five per cent, attorney's fees and other costs above named shall be taxed as costs against the property to be sold under judg- ment for taxes, and paid out of the proceeds of the sale of the same, together with the taxes and interest due thereon to the city, and the five per cent, taxed as attorney's fees shall be paid to the city. Sec. 9. For the taxes due on any property for any and all years, for and including the year 1875, up to and including the year 1904, and for all years intervening, and for all years after the year 1904, until otherwise provided by charter, either the tax rolls or a state- ment of the taxes due on any property made from said rolls certified to and signed by the City Assessor and Collector of Taxes of the City of Houston, or such other officer or employe as the City Council may designate, shall be ijrima facie evidence that the tax on the prop- erty is due; that the facts stated therein are true, and that all the pre- requisites required by law pertaining to the levying and assessing of taxes and the rendition of the property therefor on which the suit is brought for the taxes due have been complied with. In addition to the tax rolls and the certified statement from the said tax rolls being prima facie evidence, as above stipulated, the deed or deeds executed by the Assessor and Collector of Taxes and made by him during the years 1890, 1891, 1892, 1893 and 1894, showing the sales made by him for said years of the property upon which the taxes are due, in accordance with the provisions of the charter of the City of Houston in force during the last named years, shall also be prima facie evidence that the tax on the property is due and un- paid; that the facts stated in said deed are true, and that all of the prerequisites and requirements of the law were and have been complied with. Sec. 10. All taxes for any current year, except occupation tax and license tax, are hereby declared to become due and payable on the first day of each and every current year, and if not paid by the thirty-first day of December following a penalty of ten per cent, upon amount of the tax due shall be added and paid, and interest shall be charged upon the gross amount of the tax and penalty due until paid, at the rate of six per cent, per annum, and in no case shall the City Council or any number of the City Council, or any other officer of the city extend the time for the payment of the taxes, nor shall any officer of the city remit, discount, or compromise any tax legally due the city, nor shall any person be elected Mayor or Alderman of the City of Houston or hold any position, office or employ- ment thereunder who is in arrears, or due and owing to the City of Houston any sum of money for taxes or otherwise. Sec. 11. The provision for suit to foreclose the tax lien herein created is but auxiliary to, and cumulative of the city's right to sell City of Houston 21 property delinquent for taxes without suit, as is liereafter provided. After said tax statements liave been made out by tlie Assessor and Collector, or other officer designated therefor by the City Council, and after publication thereof as is herein specified in this article, it shall be the duty of the Assessor and Collector of Taxes of the City of Houston, or such other officer as may be provided for by ordi- nance, to give notice by publication made in a newspaper published in the City of Houston and having a general circulation therein, which publication shall be made at least once a week for three con- secutive weeks immediately preceding the sale, that he will sell at public outcry in the City of Houston at such place as is designated in said notice each and every piece of property delinquent to the City of Houston for taxes at the time of said sale. Said property shall be sold by separate sales or tracts to the highest bidder at said sale, but the right is hereby reserved to the City Council to confirm or refuse to confirm said sales which shall be reported to it within three days thereafter, and if said sales so made are not confirmed by the City Council, the money so paid to the Assessor and Collector shall be by him refunded to the purchaser at said sale. Said sales may continue from day to day until all of the property so delinquent for taxes shall have been sold. The said Tax Assessor and Collector, or such other officer as may be designated by the City Council, shall, after said sale is made, make a deed to the purchaser thereof, if sale is confirmed by the City Council, and in such deed he shall recite the fact of the delinquency of the tax, the amount of the tax due, the year or years for which due, the property against which the tax is assessed, the fact of the publication of the delinquent tax roll as is herein set out, the fact of the publication of the notice of sale, the amount bid, and the name of the purchaser. Such deed shall con- stitute a iyriina facie title to the property therein described, and said deed shall be j^inno facie evidence of the truth of all things therein recited, and the holder of said deed shall be considered the holder of a prima facie legal title to said land against all persons whomsoever, and such deeds, when so executed for property sold as specified at said sales, shall pass to the purchaser all of the interest and title of the owner thereof, subject to redemption at any time within two years from the date of said sale, upon payment by the owner of the property so sold to the purchaser thereof, of double the amount of taxes, penalties and costs due on said property; provided that should such sale be for any reason held invalid, the purchaser thereof shall nevertheless have a good and valid lien upon the property so sold for the amount of the taxes due thereon, and such purchaser shall be subrogated to all of the rights of the City of Houston, and shall have the right to foreclose such lien in any court of competent jurisdiction within four years from the date of such sale. The City of Houston may bid at such sales, and may become the purchaser of any property sold thereat to the extent of the amount of the taxes, interest, penalties and costs due on any particular piece of property, and the city shall further have the right, if said deed shall for any reason be invalid, to maintain a suit to foreclose its tax lien on said property for the amount of taxes due thereon, at any time. A failure on the part of the City Assessor and Collector of Taxes, 22 Charter of the or such other officer or employe as may be designated by the City Council to prepare the delinquent tax roll, or to publish it for the required length of time, or to furnish tax statements to the City At- torney, or a failure on the part of the city to file suits within the proper time for the collection of taxes due, shall in no wise affect the liability of the delinquent taxpayer, nor shall it release the prop- erty upon which the tax is due from the operation of the lien, charge or incumbrance herein created, nor shall such failure of any officer or employe of the city in any manner or matter be relied on by way of defense, or be a defense against the payment or the enforcement of the payment by suit or otherwise of the taxes due the city. In cases where the State has instituted suit for taxes and where taxes are due the city on the same property for the same or other years, the city may have the right to intervene in said suit and have judgment for its taxes to foreclose its lieu for said taxes, and in cases where the city has first instituted suit for taxes, the State may have the same right to intervene with foreclosure of its lien. Sec. 12. Immediately after the first day of January in every year, it shall be the duty of the Assessor and Collector of Taxes, or such other officer or employe as may be designated by the City Council, to prepare a roll containing a description of all property described in the assessment rolls of the year just preceded, that is to say, the year ending on the thirty-first day of December preceding on which the taxes have not been paid. Said roll shall be called the DELIN- QUENT ROLL, and shall consist of so much of the said roll as will identify the property and show the amount of the tax due on the same. During the time that the City Assessor and Collector, or such other officer or employe of the city as may be designated by the City Council, shall be preparing and shall prepare the delinquent roll above described, he shall prepare separate statements of tax accounts due the city, to be furnished the City Attorney or other officer desig- nated by the City Council, which statements shall contain a description of the property, the year for which the tax is due, the amount of the tax due, the rate of taxation, and the person or persons, estate, firm or corporation who assesses the same, and w^hether the property is rendered or unrendered, or owner unknown, as appears on the tax roll, which statement the City Assessor and Collector, or such other officer or employe as may be designated by the City Council, shall certify to be correct, and which shall be prima facie evidence of the statement made therein, and that all the prerequisites and require- ments of the law as to levying taxes and assessing and rendering prop- erty therefor, and as to all matters have been complied with, and the city shall be entitled to one dollar on each statement so made, which shall be taxed against the delinquent taxpayer of the prop- erty and against the property on which the tax is due, and in case of suit, to be taxed as a charge against the property, and the Assessor and Collector of Taxes, or other officer designated by the City Coun- cil, shall not issue any receipts to any delinquent taxpayer until said one dollar has been paid, except upon express written authorization in each individual instance by the City Council; provided, that when separate tracts of land and different kinds of property are assessed by the same person, firm, estate or corporation, that they shall be contained in the same statement. Said delinquent roll shall be fin- Citii of Houston 28 ished and said statement furnished by the Assessor and Collector, or other oflBcer, not later than the last day of February of each year. Said delinquent roll shall be published during the month of March following, or as soon thereafter as practicable, once a week for four consecutive weeks, in some newspaper published in the City of Hous- ton, and the Assessor and Collector, or other officer or employe desig- nated by the City Council, shall also be entitled to charge two dol- lars for advertising each tract of land separately assessed, which shall be taxed as a charge against the property on which the tax is due, and paid into the treasury of the City of Houston, and the As- sessor and Collector, or such otlier officer or employe as may be desig- nated by the City Council, shall not issue any receipt to any delinquent taxpayer untir the cost of advertising has been paid, unless upon the express authorization to do so by the City Council, which authoriza- tion shall be made in writing in each individual instance, and a failure to comply with these provisions by the Assessor and Collector of Taxes, or such other officer or employe as may be designated by the City Council, shall be deemed a malfeasance in office, and such officer shall be removed. It shall be the duty of the Assessor and Collector of Taxes or other officer or employe as may be designated by the City Council, whenever written request is filed with him by the owner or agent of any particular piece of property for a statement of all taxes due on said piece of property to give to said person a written state- ment of all taxes due thereon for each and every year from and after the year 1875 up to and including the year for which the taxes are last due, and any person who pays the taxes due on said property upon the statement so rendered, if duly certified to by the Assessor and Col- lector as being all the taxes due thereon shall not thereafter be required to pay, but shall be relieved from payment of any taxes due or claimed to be due on said property for any years prior to the time of filing said written request for a full statement of all the taxes due on said property. Sec. 13. The City Council may by resolution provide for advance payment, and may allow interest upon advance payment of taxes, at a I ate not to exceed six per cent, per annum for the time intervening between the time of such payment and the time of the last payment, without interest or penalties, namely, the thirty-first day of Decem- ber of each year; provided, that no such resolution shall be passed, nor such interest allowed, except for the purpose of raising money to meet the current expenses of the city for legitimate purposes. Such resolution shall state the amount of money sought to be raised by this means, and when said amount has been received, the As- sessor and Collector, or such other officer or employe designated by the City Council, shall immediately notify the Mayor and City Coun- cil that the amount called for in the resolution has been received, and no one shall by authorization of the City Council, nor shall the City Council, pay interest on moneys subsequently "paid in for taxes for that year. In receiving moneys for taxes in advance, under the reso- lution herein provided for, the Assessor and Collector, or other officer or employe designated by the City Council, shall allow the taxpayer to retain out of such payment the amount of the interest allowed 24 Charter of the thereon, and shall give his receipt for the whole amount, showing what amount is actually paid in, and what sum is allowed as interest on such payment. Seg. 14. Any and all descriptions of real estate, blocks, outlots, lots, or any parts or fractions thereof, and of all personal property, and any and all dates, years, valuations, taxations, numbers, quan- tities or amounts contained in any assessment roll or sheet, land tax book, personal tax book, or descriptions contained in any book or roll for the purposes of assessing property, shall be sufficient and valid when made or stated in whole or part, in abbreviations or con- tractions of words, letters, characters or figures; and when so made or stated shall be deemed and held to be fully and fairly made and stated as though the same had been written out in full. No error or irregularity in any assessment roll, tax book, or other document re- lating to the levy, assessment, equalization or collection of the taxes of the city shall in any manner affect or impair the validity of any tax, or affect the proceedings for the collection thereof; but every such assessment shall be liberally construed to effect the purposes and objects of this article in determining the validity thereof. Sec. 15. BOARD OF APPRAISEMENT.— There shall be a Board of Appraisement in said city, which shall be composed of two Aldermen and the Assessor and Collector of Taxes, or such officer or employe designated by the City Council to perform the duties of an Assessor and Collector of Taxes. The two aldermanic members of said board shall be appointed by the Mayor not later than the first day of May of each year, and said board shall as soon as possible after the completion of all or any one of the Assessment rolls by the Assessor and Collector, or other person designated therefor by the City Council, meet and carefully examine said roll or rolls, and properly and equitably adjust and equalize the taxable values thereon, thus continuing until they have adjusted and equalized the valuation on all property on said rolls, under such regula- tions as may be prescribed by the City Council by ordinance, and after the completion of said v.ork, said board shall make due report of its action to the City Council. Said board, constituted as herein provided, shall continue for a period of one year, and shall be a standing committee to which all matters relative to taxes shall be referred. The members of said board shall not receive any further compensation or extra compensation by rea- son of their services as members of said Board of Appraisement, nor as members of said standing committee on taxes. In case of dissatisfaction with the decision of said Board of Ap- praisement by any taxpayer, an appeal from the decision of said Board of Appraisement may be had to the City Council of the City of Hous- ton, but such appeal must be by written petition, specifically stating the things complained of, and by the dissatisfied taxpayer be filed with the City Secretary before the expiration of thirty days after said board has finally examined and passed upon the delinquent rolls of said city and made its final report to the Mayor and City Council, as herein provided. The decision of the City Council in all cases City of Houston 25 of appeal from the decision of the Board of Appraisement shall be final and binding, and no appeal shall be allowed from the decision of the City Council. Said Board of Appraisement shall finish and conclude its labors within not less than sixty days, and in no event shall it file its final report with the Mayor and City Council later than the fifteenth day of June of each year. It shall be the duty of the Board of Appraisement to mail a postal card to each property owner, the valuation of whose property the board proposes to raise or increase, notifying him to appear before it and show cause why said valuation should not be increased as proposed, but the failure on the part of any property owner whose property may be increased in value by the Board of Appraisement to receive written notice of the proposed increase, shall in no wise in- validate or affect the action of said Board of Appraisement in increas- ing the valuation of said property, but it shall be presumed that the notice was sent as provided for herein. ARTICLE IV. Sectiox 1. AUTHORITY TO ISSUE BONDS.— The City Council shall have the power and authority by ordinance duly passed, if it so elects, to borrow money on the credit of the city for permanent im- provements, to an amount not to exceed one hundred thousand dol- lars ($100,000.00) in any one year, and may issue bonds of the city therefor. It may also have the power, and is hereby expressly author- ized to issue bonds for the purpose of refunding bonds of the city of previous issues; provided, the bonds may be refunded at a lower rate of interest than the bonds proposed to be retired draw. Xo bonds shall be issued for any purpose except for the purpose of making permanent improvements, which shall not exceed one hun- dred thousand dollars ($100,000.00) in any one year, and for the pur- pose of refunding bonds of the city of previous issues, unless an elec- tion be duly ordered by the Mayor and City Council, and if at said election a majority of the vote polled shall be in favor of creating such debt, it shall be lawful for the City Council to make the issuance of bonds as proposed in the ordinance submitting the same at the election so held, but if a majority of the vote polled shall be against the creat- ing of such debt, it shall be unlawful for the City Council to issue the bonds. In all elections to determine the expenditure of money for the as- sumption of debt, only those shall be qualified to vote who pay taxes on property in said city, and are legally qualified voters in said City of Houston; provided, that no poll tax for the payment of debts thus incurred shall be levied upon the persons debarred from voting in relation thereto. No bonds shall be issued drawing more than five per cent, interest per annum, and they shall be invalid if sold for less than par and accrued interest, and all bonds shall express upon their face the pur- pose for which they are issued. 26 Charter of the The ordinance authorizing any bonds to be issued shall provide for the creation of a sinking fund sufficient to pay the bonds at matur- ity, and make provision for the payment of the interest thereon as it matures, and said sinking fund shall be invested in bonds of the State of Texas, or in the bonds issued by counties in the State of Texas, or in bonds of the United States, or such funds may be used for the purchase of the bonds of the City of Houston which are not yet due, and neither interest nor sinking fund shall be devoted to any other purpose whatsoever. Any officer of the city who shall wilfully or knowingly divert or use said fund for any other purpose except that for which the fund Is created, or herein expressly authorized to be invested, shall be deemed guilty of a felony, and subject to prosecution as provided under the general laws of the State for the diversion and conversion of funds belonging to any of the municipalities of said State. Sec. 2. BAYOU. — Power is hereby given the City Council of the City of Houston to secure land between Houston and Harrisburg, along the banks of Buffalo Bayou, by purchase, condemnation or by gift, for the improvement of Buffalo Bayou by the United States, or by the City of Houston and for this purpose it may by ordinance extend the corporate limits of said city from its present eastern limits eastwardly in a general direction with Buffalo Bayou, from bank to bank, as same is now constructed, or exists, or as same may be ordered constructed by the government engineers in charge of said work, provided that the city shall have no right to tax the property over which such boundaries are so extended, unless such property be within the line and within the limits of the general city boundaries or limits. To effect a condemnation, the same proceedings shall be taken and the same statutes shall govern, so far as applicable, as obtain and apply to the condemnation of lands by railway companies under the general statutes of the State of Texas. Sec. 3. PEES. — "Within its corporate limits, the City of Houston shall be the local agent of the State government for the enforcement of the State laws, in all cases wherein the Corporation Court of the City of Houston has jurisdiction, and all fines or penalties imposed by said court, including all costs incident thereto, and assessed against the parties so fined, are by this act declared to be due and owing to, and shall be payable to the City of Houston, and in all cases where fees are allowed, the officers making the arrest, or the attorneys prosecuting said causes in said Corporation Court, said fees shall be payable to, and shall hereby become due and owing to the City of Houston. And the City of Houston shall by ordinance prescribe that no officer or employe in the service of the City of Houston shall receive any fees, rewards or perquisites accruing from any service performed in any manner whatsoever, whether authorized by the general laws of the State or otherwise, but in addition may prescribe by ordinance that said fees, which may be collectible by said officers under the State law, shall become the property of, and shall be payable to the City of Houston, and a failure on the part of any officer or employe to Citu of Houston 27 collect said fees when collectible, and to pay the same over to the City of Houston, shall be deemed a malfeasance in office, and said officer shall be removed. Sec. 4. SIDEWALKS.— The City of Houston may by appropriate penal ordinance compel the construction and laying of sidewalks by property owners in front of, or abutting on their land, or property, and may prescribe the character of such sidewalk, and the manner in which it shall be laid. Should any person or corporation owning land in the City of Houston fail or refuse to construct sidewalks in front of or abutting on their property, in accordance with the ordinance passed by the City of Houston, in addition to the penalty provided for herein, the City of Houston shall have the right to have said side- walk constructed in accordance with such ordinance at the expense of the abutting property ewner, and may recover a personal judgment in any court having jurisdiction of the amount, for the costs and expense in constructing said sidewalks, with 10 per cent, additional for attorney's fees. The Council may also, by ordinance, provide that the city shall not pave with brick, asphalt, stone or gravel, any street unless and until the owners of abutting property shall previously lay in the manner as may be prescribed by the city a curb and si-lewalk thereon. Sec. 5. VESTIBULE CARS.— The City Council may, by ordinance, duly passed, require any street car company operating its lines or cars within or into the City of Houston, to equip its cars with vesti- bules of such pattern and style and during such period of the year, as may be prescribed by ordinance. The city shall also have the right and power, by ordinance duly passed, to require any street railway company operating its cars or lines within the limits of the City of Houston, to equip its cars with fenders of such style, design or pattern, as may be prescribed by the City Council, and to run closed cars in the months of December, January and February of each year. ARTICLE V. Section 1. ELECTIVE OFFICERS.— The administration of the business affairs of the City of Houston shall be conducted by a Mayor and four Aldermen, who, together, shall be known and designated as the City Council, each and all of w^hom shall be elected by the quali- fied voters of the city at large, and who shall hold their respective offices for two years from and after the next city election, or until their successors are elected and qualified, unless sooner removed, as is provided by this act; provided, however, that all of the present officers of the City of Houston, who were elected at a city election held in said city, on the fourth day of April, A. D. 1904, pursuant to the provisions of an act passed by the Twenty-eighth Legislature of the State of Texas, entitled: "An Act to provide a charter for the City of Houston, Harris County, Texas, repealing all laws or parts of laws in conflict herewith, and declaring an emergency"; except the Mayor, Aldermen and City Attorney, shall hold their respective offices, unless 28 Charter of the sooner removed by the Mayor for cause, and receive the compensa- tion now fixed therefor, until the expiration of two years from and after the date of their election on the fourth day of April, 19U4, aud qualification thereunder. Compensation of all officers, except the Mayor and Aldermen, shall be fixed by the City Council, which may increase or diminish the same at will, or abolish entirely any office at any time, except as to the officers above mentioned, and until their two years term of office ex- pires. In case a primary election is held pursuant to the call or under the direction of any political party, or of any association of individuals for the nomination of candidates for the offices of Mayor and Aldermen, the candidates or persons voted for in said primary election shall be voted for at large by all of the legally qualified voters in said city, it being the purpose of this act to nominate and elect at large in said city the Mayor and Aldermen, without restricting the nomination of candidates for either position to any smaller designated territory within the limits of said city, and any primary election held for the purpose of nominating candidates who shall stand for election at a city election in said city at which said primary the candidates for Mayor and Alder- men are not voted for, as herein provided, shall be absolutely illegal, and no person so nominated at said primary election shall be eligible to election at a general election, nor shall he hold any office if elect'jd thereto after nomination in a primary Avherein the voters at large in said city did not participate in said primary election. Sec. 2. APPOINTIVE OFFICERS.— The Mayor shall have power to appoint, subject to confirmation by the City Council, such heads of departments in the administrative service of the city as may be created by ordinance, and shall have power to appoint and remove all officers or employes in the service of the city for cause, whenever in his judg- ment the public interests demand or will be better subserved thereby; and no officer whose office is created by ordinance shall hold the same for any fixed term, but shall always be subject to removal by the Mayor or may be removed by the City Council. In case of such removal, if the ofticer or employe so removed requests it, the Mayor or City Council, as the case may be, shall file in the public archives of the city a written statement of the reason for which the removal was made. ARTICLE VI. Section 1. THE MAYOR. — The chief executive and administrative officer of the city shall be a Mayor, who shall be a citizen of the United States, a qualified voter, residing for five consecutive years immediately before his election within the city limits, and a bona fide owner of real estate for at least two years before his election, and shall hold his office for two years, and until his successor is elected and qualified, unless sooner removed as provided by this act. Sec. 2. MAYOR PRO -TEM.— At the first regular meeting of the City Council after the induction of the newly elected Mayor and Aldermen in office, the Mayor shall nominate, subject to confirmation by the City City of Houston 29 Council, one of the Aldermen who shall be known and designated as "Mayor Pro Tern," and shall continue to hold the title and the office until the expiration of the term of office for which he was elected as Alderman, but shall receive no extra pay by reason of being or acting Mayor Pro Tem. Sec. 3. DISABILITY OP THE MAYOR.— If for any reason the Mayor is absent from the city, sick or unable to perform the duties of his office, the Mayor Pro Tem shall act as Mayor, and during such ab- sence or disability shall possess all of the powei's nnd iierform all of the duties of the ilayor, except that he shall not, independent of the City Council, appoint or remove any officer or head of any department from office, which officer or head of department was appointed by the Mayor, unless the Mayor shall be absent, or disabled for a period of at least sixty days. Sec. 4. VACANCY. — In case of the death, resignation or permanent disability of the Mayor, or whenever a vacancy in the office of Mayor shall occur for any reason, the Mayor Pro Tem shall act as Mayor, and shall possess all of the rights and powers of the Mayor, and perform all of his duties, under the official title, however, of "Mayor Pro Tem" until an election is ordered by the City Council to fill the vacancy in the office of the Mayor. Said election, should a vacancy occur in the office of Mayor, shall be called by the City Council and held within thirty days thereafter, and notice by publication given for at least twenty days, as may be required by law. Sec. 5. REMOVAL OF THE MAYOR.— In case of misconduct, in- ability or willful neglect in the performance of the duties of his office, the Mayor may be removed from office by the City Council by majority- vote of all the Aldermen elected, but shall be given an opportunity to be heard in his defense, and shall have the right to have process issued to compel the attendance of witnesses, who shall be required to give testimony, if he so elects. The hearing, in case of impeachment of the Mayor, shall be public and a full and complete statement of the reasons for such removal, if he be removed, together with the findings of facts as made by the Council, shall be filed by the City Council in the public archives of the city, and shall be and become a matter of public record. Pending the charge of impeachment against the Mayor, the City Council may suspend him from office for a period of not exceeding thirty days, and if upon final hearing the conclusions and findings of the City Council are that the Mayor be impeached and removed from office, such findings shall be final. Sec. 6. VETO POWER OF THE MAYOR.— Every ordinance, resolu- tion or motion of the City Council shall, before it takes effect, be pre- sented to the Mayor for his approval and signature. If he approves it, he shall sign it; if he disapproves it, he shall specify his objection thereto in writing by the next regular meeting of the City Council, and return the same to the City Council, with such disapproval. If he does not return it with such disapproval, nor sign it, it shall upon the ex- piration of the time for its return to the City Council with his dis- approval, be in effect and force, the same as if he had approved it. 30 Charter of the The City Council may, in case of the veto of any ordinance or resolution by the Mayor, pass the same over the veto of the Mayor by a majority vote, but in all such cases the Mayor shall not be deprived of his right to vote as a member of the City Council by reason of the veto. In case the Mayor's veto is sustained, the matter shall not again come before the Council within six months, but in ordinances or resolutions making appropriations, the Mayor may veto any or every item therein, but such veto shall only extend to the items so vetoed, and those which he approves shall become effective, and those which he disapproves shall not become effective, unless passed over his veto in the manner above specified. Skc. 7. GENERAL POWERS OF THE MAYOR.— The Mayor shall have and exercise such powers, prerogatives and authority, acting in- dependently of or in concert with the City Council, as are conferred by the provisions of this act, or as may be conferred upon him by the City Council, not inconsistent with the general purposes and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts and shall have the right and authority at any time to remove any officer or employe of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the Aldermen of the city or the Controller, except by acting in concert with the other Aldermen as the City Council. In case of the disability or absence of the Judge of the Corporation Court, the Mayor, or in the absence or disability of the Mayor, the Mayor Pro Tern, shall act as Judge of the Corporation Court. Sec. 8. ANNUAL BUDGET.— It shall be the duty of the Mayor from time to time to make such recommendations to the Council as he may deem to be for the welfare of the city, and on the second ]\Ionday of Mai'ch of each year to submit to the Council the annual budget of the current expenses of the city for that fiscal year, each item in which may be increased, reduced or omitted by the Council, subject to the veto power of the Mayor. The fiscal year of the City of Houston is hereby designated, beginning with the first day of March of each year and closing with the last day of February next ensuing thereafter. Sec. 9. SALARY OF THE MAYOR.— The salary of the Mayor of the City of Houston shall be four thousand dollars per annum, which said salary shall be payable in equal monthly installments. The Mayor shall devote his entire time to looking after the business and administration affairs of said city, or performing such duties as may devolve upon or be encumbent upon him to perform, and if for any reason, except in case of sickness or on business for the city, the Mayor shall absent himself from the city or fail or refuse to perform and discharge the duties of his office, for a period of time exceeding fifteen days, he shall not be allowed any compensation for such time, exceeding fifteen days, as he may fail to perform the duties of his office, but his salary shall for each and every day during such time and in excess of the fifteen days, be ratably reduced and deducted from his next monthly payment. City of Houston 31 ARTICLE VII. Section 1. CITY COUNCIL.— There shall be a City Council of the City of Houston, which shall consist and be composed of a Mayor and four Aldermen, with full power and authority, except as herein other- wise provided, to exercise all powers conferred upon the city subject to the veto power of the Mayor as hereinbefore provided. Sec. 2. QUALIFICATION OF ALDERMEN.— No person shall be elected an Alderman unless he be a citizen of the United States, and shall have been for five years immediately preceding such election a citizen of the City of Houston, and for two years prior to his election a bona fide owner of real estate in said city. All Aldermen shall be elected by a vote of the people at large, and if nominated by any political party or organization as a candidate at any primary election, said nomination shall be made by voting for the candidate at large in said city. No person shall be eligible to office who shall have been nominated in any primary election in a ward or precinct of the city, or in any manner which will prevent the voters at large in said city from exer- cising the privilege of voting for or against said candidate. Sec. 3. JUDGE OF ELECTIONS.— The City Council shall be the judge of the election and qualification of its own members, subject to review by the courts, in case of contest. Sec. 4. RESTRICTIONS UPON MEMBERS OF THE .COUNCIL.— No member of the City Council shall hold any other public office, or hold any office or employment, compensation for which is paid out of public moneys; nor be elected or appointed to any office created by, or the compensation of which was increased or fixed by the City Council while he was a member thereof, until after the expiration of at least one year after he has ceased to be a member of the City Council. Nor shall any member of the City Council, or any officer of the City of Houston, be pecuniarily interested, directly or indirectly, in any contract let by the city, Board of School Trustees of the Independent School District of the City of Houston on any work done by the city or by the Board of School Trustees of the Independent School District of the City of Houston, nor in any matter wherein the rights or liabilities of the City of Houston are, or may be involved; nor shall any member of the City Council, or any other officer of the city, be interested, directly or indirectly, in any public work or contract let, supervised or con- trolled, or which shall be paid for, wholly or in part, by the State of Texas, or any of the counties or municipalities therein, whether in- corporated under general or special law. In the event any such officer of the City of Houston shall become interested, directly or indirectly, in any contract or work, purchase or sale made by the City of Houston, then the said contract or work, pur- chase or sale, shall become null and void and shall be discontinued, and new arrangements shall be entered into as in case of the incipiency of the contract or work, purchase or sale. 32 Charter of ike Any member of the City Council, or any officer or employe of the city, becoming interested, directly or indirectly, as aforesaid, in any contracts, work, purchase or sale, by or with any of the agencies afore- said, shall forfeit all right or claim to the title and emoluments of any office which he may happen to hold in said city, and shall be ex- pelled therefrom by the Mayor or City Council, or if they shall fail to remove said officer, employe or member of the City Council guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in one of the district courts of Harris County in such proceedings as are appropriate and proper, and shall in addition be guilty of misdemeanor felony, as the case may be, as is or may be provided in the penal statutes of the State of Texas. Sec. 5. RULES OF THE COUNCIL.— The City Council shall de- termine its own rules of procedure, may punish its members for dis- orderly conduct, shall compel the attendance of members, and with the concurrence of a majority of the members elected, may impeach a member. Any member of the City Council who shall have been convicted of bribery or who shall violate any of the provisions of this act shall forfeit his office and the emoluments attached thereto. Sec. 6. MEETINGS OF THE COUNCIL.— The City Council shall piescribe by ordinance the time and place of its meetings, and the manner in which special meetings thereof may be called. A majority of the members of the Council shall constitute a quorum to do business; shall sit with open doors; shall keep a journal of its own proceedings, which shall be public and constitute one of the archives of the city. The Council Shall act only by ordinance, resolution or motion, and all ordinances, resolutions or motions, except ordinances making appro- priations, shall be confined to one subject, which shall be clearly expressed in the title, and ordinances making appropriations shall be con- fined to the subject of appropriation. The ayes and nayes shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of its proceedings, and every ordinance, resolution or motion shall require on final passage the affirmative votes of the majority of all the members of the City Council. No ordinance or resolution shall be passed finally on the date it is introduced, except in the case of public emergencies, and then only when requested by the Mayor in writing; provided that no ordinance or resolution making a grant of any franchise or special privilege shall ever be passed as an emergency measure. Sec. 7. VACANCIES. — In case of the death, resignation, removal from the city, or disqualification arising from any cause, of any Alder- man, his office shall thereupon become vacant and an election shall be ordered by the City Council to elect his successor. At least twenty days notice of said election shall be given, by publication in some daily newspaper in the City of Houston, and said election shall be held pursuant to the provisions of this act, or as may be required by the laws of the State of Texas, when not in conflict with this act. City of Houslon Sec. 8. The City Council shall, consistent with the provisions of this act, have power to establish any office that may in its opinion be neces- sary or expedient for the conduct of the city's business or government, and may fix its salary and define its duties; provided, however, that all offices established by the Council shall be subject to discontinuance or be abolished by the Council at any time, and any encumbent of any office, except the Controller, may be removed at any time by the Mayor, with or without the concurrence of the Council; and in no case shall any officer or employe of the city be entitled to receive any compen- sation or emolument of any office which may be abolished, or from which he may be removed, except for services rendered to the date when the office was abolished or the encumbent removed. The Council shall require all officers of the city to give bond in such sum as may be prescribed by ordinance, which sum shall always be of sufficient amount amply to protect the city. Sec. 9. The Mayor or the City Council, or a committee of the city duly authorized by it, may and it shall be their duty at any and all times to investigate each and every department of the city government and the official acts and conduct of the city officials; and for the pur- pose of ascertaining facts in connection with such investigation, shall have power to compel the attendance and testimony of witnesses;- to administer oaths and to examine such persons as they may deem neces- sary and to compel the production of books and documents. Failure to appear by any one when served with notice to do so shall be a contempt, which may be punished by fine, and in default of the pay- ment thereof within five days, the person so fined may be imprisoned. Willful false swearing in such investigations and examinations shall be perjury and punishable as such. Sec. 10. It shall be the duty of the City Council at its second meet- ing in April, or any time thereafter, of every year, to appropriate such sums of money respectively for each of the various departments of the city government as it may deem necessary for their maintenance during the current year. The current fiscal year shall begin on the first day of March of each year, and end on the last day of February next there- after. In addition to the departmental appropriations herein provided for, the Council shall also make such appropriations for contingent pur- poses as may be deemed necessary. The Council may also at the same or any subsequent time appropriate a sum not to exceed one thousand dollars ($1,000.00) to be used by the Mayor as an emergency fund for any current year, and for which he shall not be required to account. The appropriations herein provided for shall be based upon estimates submitted by the Mayor in his annual budget. The head of each department created by the City Council shall make a written report to the Mayor, not later than the fifth day of March in each and every year, showing the operations of the department for the preceding year. These reports shall be transmitted to the Mayor, and shall accompany and be made a part of the Mayor's report to the City Council, which report shall be made not later than the fifteenth day of March of each year. 34 Charter of the The Mayor shall also make such recommendations to the City Council concerning the increase or decrease of departmental estimates as in his judgment may best serve the interests of the city, and he shall also submit an estimate for a general contingent fund for the current year. In making up the budget allowance for any current year, the City Council shall first make provision for the payment of the interest and the creation, setting aside and preservation of a legal sinking fund upon all of the outstanding bonded indebtedness of the city, and shall then make such appropriations as the remaining revenues of the city justify, to be apportioned among the respective departments, or otherwise appropriated for public uses, as to the Council may seem best; provided, however, that in no case shall the entire appropriation as made, which comprehends interest and sinking fund on the bonded debt, together with other public uses and purposes, ever exceed the estimated avail- able resources, which shall be based upon the probable revenues of the city derived from ad valorem taxes upon the basis of the total valuation of the property for taxation for the preceding year, and of such other contingent revenues of the city as may probably accrue. It shall be deemed a malfeasance for the City Cou-ncil to make an appropriation in the budget, the sum total of which shall exceed the estimated available or probable revenues for any current fiscal year. Sec. 11. BUSINESS SESSIONS.— For the purpose of conducting and transacting the ordinary business and administrative affairs of the city, the City Council shall be continuously in executive session, or open and ready to be convened therefor at any time, and at such hours as the Mayor may designate, and it is hereby declared to be the duty of every member of the City Council to attend at all times the executive sessions which may be called by the Mayor, or in case of his failure to call the same, by a majority of the members of the City Council, when- ever they deem it expedient to do so. Sec. 12. SALARY. — The Aldermen shall each receive a salary of twenty-four hundred dollars ($2,400.00) per annum, payable in equal monthly installments, and shall devote theii^ entire time to the service of the city, and shall perform all of the cTuties required by this act, and such other administrative duties as may be allotted or designated by the Mayor, from time to time. The Council may remove at any time any Alderman by majority vote, for inattention to the affairs of the city, misconduct, or any grounds sufficient in judgment of the Council for removal. ARTICLE VIII. CITY CONTROLLER. Section 1. MANNER OF ELECTION.— The City Council shall at its first meeting in May, 1906, or as soon thereafter as it may be disposed to do so, and bi-ennially thereafter, elect a Controller, who shall hold his office for two years or until his successor is elected and qualified in the manner prescribed above, and who shall not be removed except by Impeachment proceedings of the City Council, at which proceedings he Oitij of Houston 35 shall be given ample opportunity to be heard, and may be represented by counsel, with the right to summon witnesses and compel the pro- duction of books and papers upon process duly issued by the City Council. It shall require a majority vote of all the members of the City Council, which shall be a matter of record, to impeach the Controller. Sec. 2. DUTIES OF THE CONTROLLER.— It shall be the duty of the Controller to superintend and supervise the iiscal affairs of the city, and to manage and conduct the same as prescribed by this act. He shall give bond in such sum as may be fixed by ordinance, condi- tioned that he will faithfully and honestly perform and discharge the duties of the office as the same are herein defined, or as may be pre- scribed by ordinances not inconsistent with the provisions of this act. Sec. 3. BOOKS OF ACCOUNT.— It shall be the duty of the Con- troller to keep books of account of the City of Houston, and to make such financial reports and statements as are provided by the terms of this act. His books of account shall exhibit accurate and detailed state- ments^; of all moneys recei .ed and expended for account of ihe city by all city officials and other persons, and shall show in detail the property owned by the city and the income derived therefrom. He shall also keep separate accounts of each and every appropriation made by the City Council, showing the date thereof and the purposes for which the same is made, and shall show for what each payment of any public money is made and the manner of making the same, and to whom same is made. He shall keep a separate account with each department of the city government, and also such other accounts as may be necessary to show a complete financial statement of the city, and he shall be prepared at every regular meeting of the City Council to give such information concerning the finances of the city as the Council may require. All warrants or orders for payment of any public fund or moneys for any purpose shall be signed by the Controller and the Mayor. No warrant not signed by the Controller shall be authority for the payment of any public funds w^iatever, but the Controller shall in no instance, unless the money is in the treasury and in the fund against which it is drawn, sign any warrant or order for the payment of any sum or amount for any purpose; provided, however, that nothing herein con- tained shall prevent the issue and sale of w^arrants to anticipate the current revenue for any one year, which said warrants shall bear such rate of interest, not exceeding five per cent, as the City Council by ordinance may prescribe. He shall not sign any contract nor make or execute any warrant or order for the payment of any sum of money, unless the same be legal, and all prerequisites and requirements shall have been complied with, nor until after an appropriation has been duly and legally made there- for. He shall, whenever deemed necessary, require all accounts presented to him for settlement or payment to be certified to by affidavit, and he is hereby authorized to administer oaths, with authority to compel and require persons to answer such questions as may be propounded to them 36 Charter of the touching the correctness of any account or claim against the city. He shall require all persons who shall have received any moneys belonging to the city, and not having accounted therefor, to settle their ac- counts, and it is hereby made his duty from time to time to require all persons receiving moneys, or having the disposition or management of any property of the city of which an account is kept in his office, to render statements thereof to him; provided, that no warrant or order shall ever be issued in favor of any person or corporation, or to the as- signee or agent of any person indebted in any manner for taxes or other- wise to the city, unless such debt so due and owing to the city be paid. No disbursing officer of the city, nor any one having money in his possession for the account of the city, shall pay the same to any person or persons for the account of the city, except to the regularly desig- nated officer or custodian of the public funds for the city, except upon draft or warrant countersigned by the Controller of the City of Hous- ton, and signed by the Mayor; and the Controller shall not countersign any such draft or warrant until he has audited and examined the claim and found the same justly and legally due and payable, and that the payment has been legally authorized, and appropriation therefor duly made, and that the appropriation has not been exhausted. Sec. 4. ANNUAL REPORT.— The City Controller shall, on or before the fifteenth day of March in each year, prepare and transmit to the City Council a report of the financial transactions of the city during the fiscal year ending the last day of February next preceding, and of its financial condition on the said last named day in February. The report shall contain an accurate statement in summarized form and also in detail of the financial receipts of the city from all sources and the expenditures of the city for all purposes, together with a detailed statement of the debt of said city, and the purposes for which said debt was incurred, and of the property of said city, and of the accounts of the city with the grantees of franchises. In addition to the annual statement herein required and of the re- ports which may be demanded by the Council at any time, it is espe- cially made the duty of the Controller to be able to show at any time, and certainly upon or immediately after the first of each month, a com- prehensive and accurate statement of the financial affairs of the City of Houston, and if any officer of any department or any employe of the city shall fail to make such stated or stipulated reports as and at the times required either by the Mayor or the City Council, it shall be the duty of the Controller to report such delinquency or failure to the Mayor, and further to state at any time any carelessness or negli- gence of any officer or employe in the making or stating of reports covering any matter within the range of the duty of said officer or employe. Sec. 5. RIGHT TO EXAMINE THE BOOKS OF THE GRANTEES OF PUBLIC FRANCHISES.— The City of Houston shall have the right to regulate the rates, fares, tolls and charges to be collected from the public by any holders, owners, operators, persons or incorporations enjoying any grants or franchises from the City of Houston, per- taining to public utilities, including furnishing of lights, water, tele- phones and street car service, etc., pertaining to a public or quasi public duty, and the right and authority is hereby given to the Mayor Cihj of Houston 87 or to the City Council to require the City Controller or such other officer or employe as may be designated, to examine, carefully inspect all of the books, accounts, papers and documents, as well as the prop- erty of such persons or corporations using and enjoying any of said grants or franchises from the City of Houston as above stated, and to make such reports of said examination as required by the Mayor or City Council, when deemed necessary, for the following purposes: 1. When such franchise or grant was made upon the consideration and agreement that the City of Houston should receive a per cent, or portion of the revenue derived from the use of said grant or franchise. 2. When the persons or corporations above referred to have listed their property for taxation at a valuation deemed by the City Council or the Mayor to be below its actual value, or fails to list the same for taxation. ?,. When the City Council desires to fix the rates, fares, tolls and charges which said persons or corporations above described shall charge the public for water, lights, transportation or other services rendered or furnished under the franchises granted to it or them by the City of Houston, and the information is desired or deemed necessary by the Mayor or City Council as a basis upon which to fix a proper rate. 4. When the Mayor or City Council have directed the individuals or corporations above specified to extend their lines and service, or to improve their service in any manner necessary for the public com- fort and convenience, or to make improvements and betterments of their property, and such persons or corporations demur thereto on the ground that the income from their property used under said fran- chise is not sufficient to justify the same. Such examinations and reports provided for in this section are for the purpose of ascertaining the value of the property and the income derived from it, and the reasonable expense for its operation. ARTICLE IX. GENERAL PROVISIONS. Section 1. ACTIONS BY CITIZENS.— Any citizen who is a property taxpayer of the City of Houston may maintain an action in the proper court to restrain the execution of any illegal, unauthorized or fraudu- lent contract or agreement on behalf of said city, and to restrain any disbursing officer of said city from paying any illegal, unauthorized or fraudulent bills, claims or demands against said city, or any salaries or compensation to any person in its administrative service whose ap- pointment has not been made in pursuance of the provisions of law and the regulations in force thereunder. And in case any such illegal, unauthorized or fraudulent bills, claims or demands, or any such salary or compensation, shall have been paid, such citizen may main- tain an action in the name of said city against the officer making such payment and the party receiving the same, or either, or both, to recover the amount so paid, and such amount, after deducting all expenses of the action shall be paid into the. city treasury; provided, however, that 38 Charter of the the court may require such citizen to give security to indemnify the city against costs of court, unless the court shall decide that there was reasonable cause for bringing the action. The right of any prop- erty taxpayer of the city to bring an action to restrain the payment of compensation to any person appointed to or holding any office, place or employment in violation of any of the provisions of this act, shall not be limited or denied by reason of the fact that said office, place or employment shall have been classified as, or determined to be, not sub- ject to competitive examination; provided, however, that any judg- ment or injunction granted or made in any such action shall be pros- pective only, and shall not affect payments already made or due to such persons by the proper disbursing officers. In case of any unsatisfied judgment, or any suit or process of law against said city, any five or more citizens who are freeholders of said city shall, upon petition, accompanied by affidavit that they be- lieve that injustice will be done to said city in said suit or judgment, be permitted to intervene and inquire into the validity of said judgment, or defend said suit or action as fully and completely as the officers of said city would by law have the right to do. Sec. 2. ELECTIONS.— That in each voting precinct of the city, as the same may be legally defined, shall be established and arranged at least one voting place, and where two or more voting places are estab- lished, they shall be so located as to be most convenient to the greatest number of voters, with a distinct set of election officers, ballot boxes and registration books for each voting place; provided, the voter shall vote in the district or precinct of his residence. The City Council shall make all necessary regulations concerning elec- tions; the manner and method of holding the same. Such regulations, however, shall be in keeping with the provisions of this act, and shall be in keeping with and consistent with the provisions of the State law applicable to elections in municipalities, in so far as the same may be practicable, and the City Council shall provide for the examination and counting of the returns of elections, declarations of the result thereof and the issuance of proper certificates to the successful candi- dates; and it is hereby made the duty of the Council to examine and count the returns at its first regular meeting after the election shall be held, or if no regular meeting shall be held within one week after an election is held, it is hereby made the duty of the Mayor to call a special meeting of the Council for the purpose of counting the vote and determining the result of the election within one week after the election is held, and the officers declared to be elected at such elec- tion shall be entitled to qualify immediately after the declaration of the result of the election upon taking the oath of office prescribed by law. The City Council may, consistent with the other provisions of this act, and conforming to all the provisions of the State law regulating primary elections in cities and towns, in so far as the same may be ap- plicable, prescribe the manner and method of holding primary elections by all political parties or political organizations of any kind whatso- ever, and to determine the rules that shall obtain with respect to the representation the respective parties or candidates may be entitled to at the polls; may prescribe an official ballot, official returns, etc., and City of Houston 39 the expense of all primary elections held for the purpose of nominat- ing candidates of any political party or organization for city officers shall be borne and paid for by the City of Houston. Sec. 3. PETITIONS.— The petitions provided for in this act need not be on paper, and may be printed or written, but the signatures thereto must be the autograph signatures of the persons whose names purport to be signed. To each signature the house address of the signer must be added, and the signature must be made, acknowledged or proved before an officer authorized by law to take acknowledgments and proof of deeds. The certificate of such officer under his official seal that a signature was so made and acknowledged or proved shall be sufficient proof of the genuineness of the signature for the pur- poses of this act. The signing of another's name, or of a false or ficti- tious name, to a petition, or the signing of a certificate falsely stating either that a signature was made in presence of the officer or acknowl- edged or proved before him, shall be punishable as a forgery. Sec. 4. PUBLIC ACT.— That this act shall be deemed a public act, and judicial notice shall be taken thereof in all courts. Sec. 5. EXISTING ORDINANCES.— All ordinances of the City of Houston, not inconsistent with the provisions of this charter, shall re- main in full force and effect until altered, amended or repealed by the City Council; provided, that the power to pass such ordinances under former charters has not been repealed expressly or impliedly by the terms of this act. Sec. 6. THE PRESENT OFFICERS.— All elective officers elected at the last regular city election, except the Mayor, Aldermen and City Attorney, unless sooner removed by the Mayor or City Council for cause, shall retain their offices and receive the pay at present provided, until two years have expired from and after the date of their election and qualification in April, 1904. All appointive officers, or all officers whose positions are created by charter or ordinance, not elected by the people, shall hold their offices and continue in the service of the city subject to the will and pleasure of the Mayor. Sec. 7. PRINTED ORDINANCES AS EVIDENCE.— All ordinances of the City of Houston published in book or pamphlet form, and pur- porting to be published "By Authority of the City Council of the City of Houston," shall be received by all the courts of the State of Texas as prima facie evidence of the due passage and publication of such ordi- nances as appear therein; provided, that no person shall be precluded from showing by competent evidence that any ordinance published "By Authority of the City Council of the City of Houston," as aforesaid, is not a true copy of the original ordinance. Sec. 8. CITY NOT REQUIRED TO GIVE BOND.— It shall not be necessary in any action, suit or proceeding in which the City of Hous- ton is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any of the State courts, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been 40 Charter of the given as required by law, and said city shall be just as liable as if security or bond had been duly executed. Sec. 9. PUBLIC PROPERTY EXEMPT FROM EXECUTION SALE. — The property, real and personal, belonging to the City of Houston shall not be liable to be sold or appropriated under any writ of execu- tion, nor shall the funds belonging to the city in the hands of any person be liable to garnishment, nor shall the city or any of its officers or agents be required to answer any writ of garnishment served upon or issued against it, and a failure to do so shall not entail any liability upon the city, but if the Mayor of the city elects so to do, he may an- swer in a writ of garnishment for the city in his discretion. Sec. 10. No person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant or a freeholder, or a tax- payer of the City of Houston, in any action or proceeding in which said city may be a party at interest, and all officers and employes of said city shall be exempt from jury service. Sec. 11. Before the City of Houston shall be liable for damages for personal injuries of any kind, the person injured or some one in his behalf shall give the Mayor or City Council notice in writing of such injury within ninety days after the same has been sustained, stating in such notice when, where and how the injury occurred, and the apparent extent thereof, and the failure to so notify the city within the time and manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever. Sec. 12. LIABILITY AND NEGLIGENCE.— The City of Houston shall net be liable to any person for damages caused from streets, ways, crossings, bridges, culverts or sidewalks being out of repair from negligence of said corporation unless the same shall have remained so for ten days after special notice in writing given to the Mayor or City Council. Sec. 13. PLEADING ORDINANCES.— It shall be sufficient in all judicial proceedings to plead any ordinance of the city by caption, without embodying the entire ordinance in the pleading, and all printed ordinances or codes of ordinances shall be admitted in evidence in any suit, and shall have the same force and effect as the original ordi- nance. Certified copies of ordinances may also be used in evidence. Sec. 14. This act must be deemed a public act and judicial notice shall be taken thereof in all courts. Sec. 15. OWNERSHIP AND REGULATION OF PUBLIC UTILI- TIES.- — The right is hereby granted to the City of Houston to acquire its public utilities, such as gas, water and electric light works, and underground, surface and elevated street railways, subways, or under- ground conduit systems for electric light, power, telephone, telegraph and other wires used for the purpose of transmitting any electric ser- vice. That such utilities may be purchased by a payment in cash of twenty-five percent of such price, the balance in annual installments, including interest, to be paid out of the revenues of such utility, and that such works so purchased shall stand pledged as security for the City of Houston 41 payment of the amount due thereon, but that no judgment shall be rendered against the city upon any deferred note, requiring the city to pay any specified sum of money, but said judgment shall be merely one of foreclosure, divesting and depriving the city of the possession of the property so purchased but not paid for, in which event the city shall forfeit and lose only the cash payment of twenty-five per cent of the agreed price, without liability or judgment in any sum for the unpaid purchase price; provided, that no purchase or expenditure shall be made under this section, unless the same shall first have been submitted to the vote of the qualified tax-paying voters at an election to be held exclusively for that purpose. And the right is hereby expressly granted to the City of Houston to regulate all public utilities in said city and to require efficienc3^ of public service, and to require all persons or corporations to discharge the duties and undertakings for the performance of which the re- spective franchises were made. Sec. 16. IMPROVEMENT DISTRICTS.— The City Council may, and upon petition shall, divide the city or any portion of the corporate ter- ritory thereof, into "Improvement Districts," clearly defining the limits and boundaries of each district; and shall have the right and is hereby authorized to borrow money on the credit of any improvement district so created in the city, and issue bonds therefor for the purpose of con- structing and laying permanent sidewalk improvements in such dis- trict, but every proposition to borrow money on the credit of any improvement district for permanent sidewalk improvements therein shall be submitted to the qualified tax-paying voters living within and owning property in such district, and shall distinctly specify the purpose for which the loan is desired, and the permanent side- walk improvements proposed to be constructed. If said proposi- tion be sustained by a majority of the votes cast in such election in such district, such loan shall be lawful. All bonds shall specify for what purposes they are issued, shall bear interest at a rate not greater than five per cent per annum, and, when sold, shall net not less than par value, with accrued interest to date of pay- ment of the proceeds into the city treasury, and such bonds may be negotiated in lots, as the City Council may direct. No debts shall be contracted for the payment whereof such bonds are issued until such bonds shall have been disposed of, and no debts shall ever be created against any such improvement district, unless at the same time provision be made to assess and collect annually upon the property in such improvement district a sum sufficient to pay the interest on such bonds and create a sinking fund of at least two per cent thereon. The interest and sinking fund tax Avhich shall be collected annually from the property in such improvement district for such bonds shall be in addition to the other current taxes, levied by the city, never exceed twenty-five cents on the one hundred dollars ap- praised valuation of property in said district, and shall be kept sepa- rate by the city from other funds, and shall not be diverted or used for any other purpose than to pay interest and principal on such bonds, and the City Controller shall sign no draft or warrant on said fund, except to pay the interest and redeem the bonds for which it was pro- vided. The sinking fund for such bonds shall be invested as provided in Section 1, Article IV of this Charter, or in bonds of such im- 42 CJiarier provement district. The tax levied for interest and sinking fund for bonds issued for permanent sidewallv improvements in any district shall not exceed twenty-flve cents on the one hundred dollars valua- tion annually; provided, however, that all property situated w^ithin any improvement district which may be created under the authority of this section shall participate to its full extent in, and be equally improved in its just proportion by said sidewalk improvements. Sec. 17. The present Mayor, City Attorney and members of the City Council, as composed under the Charter of 1903, shall continue to serve and receive the pay provided for at the time of their election, until the next city election held as hereinafter provided in this act, and until the qnalilication of the officers elected at said election, and shall temporarily exercise the powers and be subject to the limitations in this charter contained. All other elective officers elected at the last city election, unless sooner removed for cause, shall retain tlieir offices and receive the pay at present provided for said officers, until the ex- piration of two years from and after their election and qualification in April, 1904. It shall be the duty of the Mayor within forty days after this act becomes a law, or as soon thereafter as practicable, to order an elec- tion by giving twenty days' notice thereof, at which election a Mayor and four Aldermen shall be elected at large in said city; or if for any reason the Mayor fails to make said call for said election within a reasonable time it shall be the duty of the City Council, by a majority vote thereof, to issue said call for said election by giving twenty days' notice thereof. Said election shall be held as provided for herein, and the Mayor and four Aldermen so elected at said election shall hold their respective offices until the second Monday in April, 1907, or until their successors are elected and qualified. There shall be held on the second Monday in April, 1907, and every two years thereafter, until otherwise provided by law, a regular elec- tion for a Mayor and four Aldermen in the City of Houston, who shall perform the duties and discharge the obligations conferred and imposed by the provisions of this act, and who shall hold their offices for two years, or until their successors are elected and qualified. Sec. 18. Be it further enacted, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed; and that all previous special acts granting or amending charters of the City of Houston, be especially repealed. INDEX. A accounts- How kept Right of Council or Mayor to investigate ACTION BY CITIZENS— Property taxpayer may restrain execution of illegal or fraudulent contract May recover fraudulent payment of salary or bills Five freeholders may intervene in court in name of City ALDERMEN— Qualification of Aldermen To be elected by vote at large Cannot hold other office and receive compensa- tion therefor Cannot be pecuniarily interested in contract or work for City or State Shall forfeit office if interested in contracts, and may be removed on action of five citizens in court Penalty for accepting bribe Vacancy — How^ filled Salary of Aldermen ANIMALS— To require owners to remove same when dead. . To inspect milch cows May be impounded May regulate being driven through city APPOINTIVE officers- How appointed How removed RT. Sec. Page 8 3 35 ^ 9 33 9 1 37 9 1 37 9 1 38 7 2 31 7 2 31 7 4 31 7 4 31 7 4 32 7 5 32 7 7 32 7 12 34 2 1.5 8 2 16 10 2 16 10 2 16 10 5 2 28 5 2 28 BAKERIES— Right to regulate and prescribe weight, quality and price of bread BAWDY HOUSES— May be prohibited and ites punished. 16 16 10 Index. 3 15 24 3 15 24 3 15 24 3 15 24 3 15 25 3 15 25 4 1 25 9 16 41 4 1 25 4 1 25 4 1 25 4 1 26 4 1 26 BOARD OF APPRAISEMENT— Art. Sec. Page Composed of How created Shall be standing committee on taxes Right of appeal from decision of board Must conclude labors and file report not later than June 15th Must mail notice to property owner BONDS— Authority to issue Authority to issue in improvement districts. . . . Amount and purpose for which issued Qualified voters at election Must not be sold for less than par, nor bear more than 5 per cent, interest To provide interest and sinking fund Penalty for use of funds other than specified. . BUDGET— When submitted 6 8 30 BUFFALO BAYOU— Council may secure land and extend limits to Harrisburg May tax property along bayou Council may construct wharves and docks... Council may provide for purification of water. BUTCHERS— City may regulate 2 15 CEMETERIES AND CREMATORIES— Council has power to regulate, close and con- demn 2 15 CHARITIES AND CORRECTIONS— City may establish and maintain 2 11 CITY COUNCIL; ITS POWERS— How composed Rules of May remove Aldermen Meetings of Quorum of Shall be in continuous session Shall sit with open doors Can act only by ordinance, resolution or motion Ayes and nays shall be recorded May establish municipal office and appoint official and fix salary Shall require officers to give bond 4 2 26 4 2 26 2 9 5 2 15 8 7 1 31 7 5 32 7 12 34 7 6 32 7 6 32 7 11 34 7 6 32 7 6 32 7 6 32 7 8 33 7 8 33 Index. 7 10 33 7 10 34 7 10 34 8 1 35 9 ' ■ 2 38 2 lo 2 15 2 15 2 15 2 15 2 15 CITY COUNCIL; ITS POWERS— Continued. Art. Sec. Page Shall Investigate all departments of city and have power to compel witnesses to produce books and testify 7 9 33 Shall make appropriations for various depart- ments in April each year 7 10 33 Shall make appropriations for contingent pur- poses Shall create sinking and interest fund Shall not exceed estimated available resources Majority vote required to impeach Controller. . Shall canvass election returns Shall prescribe manner of holding primary elec- tions To regulate butchers, and the selling of vege- tables, fish, etc May require foodstuffs to be inspected and con- demned May regulate removal of night soil Penalties for failure to remove night soil To provide for destruction of unwholesome matter To require owners to remove dead animals. . . . To regulate burial grounds, crematories, etc. .. May commute fines by labor in work house or rock pile May establish and regulate charities and cor- rections To provide for destruction of infected clothing, bedding, etc To improve and preserve purity of water in Buffalo Bayou To establish and maintain Police Department. . To regulate theatres, dance houses, etc To regulate saloons and close variety theaters. . To prohibit bawdy houses and suppress assigna- tion houses To inspect weights and measures To regulate draymen, hack drivers, baggage wagons and to preserve order at depots. . . . To establish maximum rates of hacks and pub- lic conveyances To fix public stands for hacks, drays, etc To suppress gambling houses and selling of lottery tickets To regulate bakeries and prescribe weight and price of bread To provide for inspection of milch cattle To establish pounds and prohibit running at large of stock To tax dogs To prohibit rolling of hoops, flying of kites, and firing of fire-crackers To prohibit ringing of bells or noises on streets 2 15 8 2 16 9 2 16 9 2 16 9 2 16 9 2 16 9 2 16 9 2 16 9 2 16 9 2 16 9 2 16 10 2 16 10 2 16 10 2 16 10 2 16 10 2 16 10 Index. Sec. Page 16 10 16 10 16 10 16 10 16 10 16 16 16 16 16 16 17 CITY COUNCIL; ITS POWERS— Continued. Aki To prohibit soliciting of alms 2 To prohibit blowing of whistles and regulate speed of railway engines 2 To regulate driving of cattle through city.... 2 To prevent trespass and breach of the peace . . 2 To prevent immoral theaters 2 To require abandoned railway tracks to be re- moved 2 16 10 To prohibit horse racing and immoderate driv- ing 2 To regulate automobiles 2 To prohibit abuse of animals 2 To compel hitching of animals 2 To restrain vagrants, prostitutes, etc 2 To regulate sale of cocaine, morphine, etc.... 2 To grant franchises 2 May inspect books of corporations holding fran- chises 2 17 12 May examine books of grantees of franchises for purpose of fixing rates S 5 36 May grant sidetrack and switching privileges to industrial plants 2 IS 13 May license and tax peddlers, auctioneers, thea- ters, exhibitions, circuses, billiard tables, ten pin alleys, public carriers, dram shops, etc 3 7 17 Duty to institute suit for back taxes, one year after charter becomes effective 3 8 18 Shall fine person employed for collection of taxes for neglect of duty 3 8 18 May receive payment of taxes in advance and allow interest 3 13 23 Authority to issue bonds, purpose of issue and amount 4 1 25 To provide for sinking fund and payment of bonds 4 1 26 Shall require fees of Corporation Court to be paid to city 4 May require street cars to be vestibuled 4 May require street cars to be equipped with fenders 4 May require closed cars during December, Jan- uary and February 4 Shall fix compensation of appointed officers. ... -5 May remove appointive officers .5 May overrule veto of Mayor 6 Judge of election of members 7 CITY LIMITS— Territory embraced in 1 2 1 CITY OF HOUSTON— Corporate name 1 1 1 Platting of property 1 3 1 3 26 5 27 5 27 5 27 1 28 2 28 6 30 3 31 Index. CITY OF HOVSTOX—Contivued. Corporate powers Power to enact and enforce ordinances Real estate, etc., owned by Street powers May own or buy waterworks May own or buy electric light plants May own or buy street railways Duty to regulate disposition of sewage, waste water, garbage, etc Not required to give bond COCAINE— Right to regulate and control sale of same. . . . CONTRACTS— Shall not be let unless an appropriation has been made therefor, or in excess of appro- priation Personal services restricted to particular work For supplies restricted to ninety days For over $1000.00 must be on specifications and submitted to competitive bids Become void if city official is interested CONTROLLER— Manner of election Duties of Shall make reports Shall sign all warrants for money May require affidavit to accounts Shall require indebtedness to City to be paid before issuing warrant Shall audit and approve claim before issuing warrant Shall make annual report Must keep separate accounts of each department CORPORATION COURT— Powers and duties of Appointment and term of Judge Clerk — How appointed Duties of Clerk Rewards and fees of officers payable to city. . . Disability or absence of Judge Akt. 2 2 2 Sec. Pagk 1 1 2 2 3 2 11 2 19 13 2 19 13 2 19 13 2 19 13 ' 4 31 8 1 34 8 2 35 8 3 35 8 3 35 8 3 35 8 3 36 8 3 36 8 4 36 8 3 35 2 13 5 2 13 6 2 13 6 2 13 6 4 3 26 6 7 30 D DAMAGES; LIABILITY FOR— Must give notice in writing within ninety days before City is liable Liability and negligence in repair of streets and bridges DEPARTMENTS— Heads of departments shall make report to Mayor 33 Index. DOGS— Art Runnine; at large prohibited 2 E ELECTIVE OFFICERS— Those who are elected by popular vote 5 Those elected at last election 9 Present officers 9 F FIRE DEPARTMENT— City has right to regulate and maintain 2 FIRE LIMITS— City has right to define fire limits 2 FIRE-PROOF ROOFING- City has right to fix limits 2 franchises- How granted and limit of time of grant 2 Ordinance granting must be read at three meet- ings of Council . 2 I\lust be submitted to qualified voters , 2 Council may inspect books of grantee 2 Must provide for adequate compensation or con- sideration 2 G GAMBLING HOUSE— Right to suppress 2 GENERAL ELECTION— Voting precincts; where located 9 Council to canvas and count returns 9 Mayor must call within forty days after Char- ter becomes law 9 Shall be held every two years 9 Council to make all necessary regulations con- cerning 9 I IMPROVEMENT DISTRICTS— May divide city into 9 May issue bonds for 9 May levy additonal tax 9 Must submit to vote of district 9 L LOTTERY TICKETS— Right to suppress sale of 2 Sec. Page 16 10 16 17 11 18 12 17 12 11 2 38 2 38 -7 42 7 42 38 16 41 16 41 16 41 16 41 Index. MARKETS AND ABBATOIRS— Art. Sec. Page City has right to regulate City has right to operate and maintain MAYOR— Qualification of Mayor Term of office of Mayor Disability of Mayor Death, resignation or permanent disability of Mayor Impeachment of Mayor Veto power of Mayor General power of Mayor Salary of Mayor May remove appointive official Has power to investigate departments Shall recommend to Council departmental esti- mates Shall sign all warrants for money 2 10 5 2 10 5 6 1 28 6 1 28 6 3 29 6 4 29 6 •5 29 6 6 29 6 7 30 6 9 30 7 8 33 ' 9 33 7 10 34 8 3 35 9 5 39 9 7 ■ 39 9 13 40 2 17 11 o OCCUPATION TAX AND LICENSE— City has right to levy and collect ORDINANCES— Fines for violation Not inconsistent with Charter to remain in full force Printed ordinances prima facie evidence Pleading ordinances Granting franchises must be published No ordinances shall be passed on date intro- duced, unless in case of public emergency. . P PETITIONS— Petitions by citizens; how made 9 3 39 Affidavit to signature must be made 9 3 •39 POLL TAX— Those liable for 3 1 15 PRIMARY ELECTION— Council to prescribe manner of holding 9 2 38 Rules governing same 5 1 28 PROPERTY— Public property exempt from execution 9 9 40 PUBLIC ACT— Charter so recognized 9 4 39 Charter so recognized 9 14 40 Index. 2 18 12 2 17 11 9 15 41 PUBLIC UTILITIES— Art. Sec. Page City's right to acquire 9 15 40 Character of utilities may acquire 9 15 40 How payment shall be made 9 15 40 Must be sumbitted to taxpaying voters 9 15 41 Right to regulate v 15 41 R REFERENDUM— To be left to popular vote Optional with City Council To purchase public utilties REMOVAL FROM OFFICE— Mayor may remove officer 6 7 30 Employe or officer may be removed if inter- 'ested in contracts 7 4 32 May be removed and office abolished 7 8 33 REPEALING CLAUSE— All laws and Charters in conflict herewith re- pealed 9 17 42 s SCHOOLS— City of Houston independent school district. ... 2 14 6 City of Houston has power to collect taxes and appropriate funds City has control of School Trustees — How apointed, terms of ol- fice, ' etc Right of Mayor to veto pecuniary liability. . . . Board may pass resolutions over Mayor's veto. Appropriation of funds not effective for ten days Custodian of funds How funds are to be paid out Duty of board to make financial statements. . . . School board to receive no pay School board cannot buy or sell warrants SIDEWALKS— May require property owner to build City may build and recover personal judgment STATE LAWS— City agent for State in enforcement 4 3 26 STORAGE OF LUMBER, ETC.— City has right to regulate 2 8 5 STREET RAILWAYS— Must keep streets and bridges in repair 2 ' 5 3 City to regulate speed 2 5 3 Liability for paving 2 5 3 2 14 6 2 14 6 2 14 6 2 14 7 2 14 7 2 14 7 2 14 7 2 14 7 2 14 7 2 14 7 2 14 ^ 4 4 27 4 4 27 Index. STREET RAILWAYS— Co«tint/e(Z. Art. Sec. Page City's right to require transfer 2 5 3 City may regulate fares 2 6 4 Penalties for failure to give transfer 2 6 4 City may buy or construct 2 7 4 Council may require cars to be vestibuled 4 5 27 Council may require cars to be equipped with fenders 4 5 27 Council may require closed cars 4 5 27 City may regulate 9 15 40 T TAXES— Council may levy, assess and collect 3 1 14 Not to exceed 2 per cent 3 1 14 Special tax in improvement district not to ex- ceed 25 cents 3 1 15 Failure to pass levying ordinance will not in- validate collection 3 Council may determine when payable 3 Poll tax, $1.00 annually 3 All property, real, personal and mixed, liable.. 3 Personal property may be levied on 3 A lien on property 3 Must be assessed by owner 3 Assessor and Collector may assess when owner fails or refuses 3 Definition of property 3 Council may prescribe when assessments shall be made, and regulate method of making in- ventories 3 Payable at office of Assessor and Collector. ... 3 Payable in current money of the United States 3 Licenses and occupation taxes payable to As- sessor and Collector 3 Due from 1875 up, collectible by suit 3 May recover personal judgment 3 Foreclosure and sale by Sheriff to satisfy taxes and costs 3 Attorney's fees of 5 per cent, added to costs of suit 3 Assessor's rolls prima facie evidence 3 Deeds of Assessor and Collector from 1890 to 1894 prima facie evidence 3 Due January 1st of every year 3 No authority to remit, discount or compromise 3 Delinquent roll to be published in newspaper. . 3 Sales made by Assessor and Collector must be confirmed by Council 3 City may become purchaser at sale 3 Failure to prepare delinquent roll or publish same does not affect liability 3 State or City may intervene 3 1 15 1 15 1 15 2 15 2 15 2 15 4 16 5 16 4 16 5 16 5 16 6 17 7 17 8 18 8 18 8 19 8 19 9 20 9 20 10 20 10 20 11 20 11 20 11 21 11 21 11 22 X Index. 3 12 22 3 12 23 3 12 23 3 13 23 3 14 24 9 16 41 TAXES — Continued. Art. Sec. Page Delinquent roll must be finished by last of February Delinquent roll published in March once a week for four weeks Owner may demand written statement of taxes due May receive payment in advance and allow in- terest Abbreviations and enors in description does not invalidate Additional may be collected in improvement districts V VAGRANTS— Right to punish , 2 16 11 VARIETY THEATERS— Right to regulate and close 2 16 10 w WHARVES AND DOCKS— City may buy or construct City may regulate use of WATERWORKS— City may buy or construct Right to regulate WEIGHTS AND MEASURES— Right to regulate and inspect 2 16 2 9 5 2 9 5 2 7 4 9 15 40 't7 MEMPHIS CHARTER Amendment to the Charter of the City of Memphis, Tennes- see, being Senate Bill No. 574, Chapter 298, Acts of the Legislature, Year — Nineteen Hundred & Nine PAUL & DOUGLASS CO. Population of Mempbls. (^ ^gj^yOjjC^^ Memphis. Tenn., has a Populat_io._^>^ ^^I^T^ 131 KC This is au iiicieasp ot _b,«r cent, over 102,320 in 1900. Bu' ^O V,^ ^0^ r-i rf mt, , • >> a < % l-t c: > ^; o < u ^-3 © pq ::$ '>-. a c;3 C ^ is in -H DJ (—' r-> W CHAPTER 298 Senate Bill No. 574. AN ACT to be entitled An Act to amend an Act en- titled ''A Bill to establish the Taxing Districts in this State and to provide means of local govern- ment for the same," being Chapter 11, of the Acts of 1879, and all amendatory Acts thereof, consti- tuting the present charter of the city of Memphis so as: (1) To change the name of the Board of Fire and Police Commissioners to the "Board of Commissioners of the City of Memphis;" and to provide for the qualification, election of the mem- bers of the same, and to provide for the member- ship of the said Commission upon the taking ef- fect of this Act. (2) To abolish the Board of Public Works, and to provide for the exercise and discharge of the powers and duties heretofore vested in and devolved upon that Board by the said Board of Commissioners. (3) To more fully set out and define the powers and duties of said Board of Commissioners. (4) To more fully set out and define the powers and duties of the several members of the said Board of Commissioners ; to fix their term of oiffice and their compensation. (5) To separate the affairs of the city into various departments, to provide the scope and work of each department, and to provide for the heads thereof. (6) To create the office of Electric In- spector; and to define his duties, term of office, and compensation ; and to change the name of City Eegister to "City Clerk." (7) To abolish the Board of Health as now constituted, and to pro- vide for the exercise and discharge of the powers and duties heretofore vested in and devolved upon that Board by the Department of Health under the said Board of Commissioners. (8) To provide for the nomination and election by said Board of Commissioners of a Chief of the Police Depart- ment, a Chief of the Fire Department, a Superin- tendent of the Health Department, a City At- torney, a City Judge, a City Clerk, a Clerk of the City Court, a City Engineer, a City Marketmaster, a City Paymaster, a City Chemist, a City Harness- maker, a Building Inspector, a Plumbing Inspector, a Boiler Inspector, a Gas and Electric Light Inspector, an Electric Inspector, a Meat Inspector, an Inspector of Weights and Meas- ures, a Collector of License and Privilege Taxes, a Veterinary Surgeon, a Wharf master, a Super- intendent of the City Hospital, and for the appointment and removal of subordinate officers and employes, and to prescribe the term of office and compensation of the incumbent of said elective offices. (9) To provide for the fill- ing of vacancies occurring in the Commission or in any municipal office, and for the conduct of said office whenever the regular incumbent there- of is temporarily absent or disabled. (10) To change the time for the meeting of the Board of Commissioners, and to provide for special or called meetings. (11) To prescribe the method of the passage of all ordinances and resolutions. (12) To abolish the office of Street Commissioners as now constituted. (13) To provide for the grant- ing of franchises and the issuing of bonds, and a referendum as to all ordinances granting fran- chises or authorizing a bond issue under certain re- strictions. (14) To provide for the making and execution of all municipal contracts. (15) To pro- vide for a Civil Service Commission, and for the adoption and enforcement of a system of civil- service rules. (16) To limit appeals from the City Court, and to prescribe for the remission of fines in certain cases. (17) To make it lawful to expend in any one year a greater amount of money in any department than shall have been appro- priated for that department; provided, such ex- cess can be made up from a surplus in any other department or departments, and the same to be authorized by ordinance duly passed. (18) To change the manner of selecting an Assistant City Attorney; to fix his compensation and prescribe his duties, and to provide for his removal. (19) To provide for uniformity in the time for the ex- piration of the terms of office of all municipal offi- cers, elected by the people, so as to make said term expire on December 31, 1911, and every four years thereafter. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Act entitled "A Memphis Bill to establish Taxing Districts in the State, and to ^"''"■^•^" *'"• provide the means of local government for the same," being Chapter 11 of the Acts of 1879 and all Acts amendatory thereof constituting the present charter of the city of Memphis be, and the same are hereby, amended in the manner and particulars and to the extent hereinafter provided. Sec. 2. Be it further enacted, That the name of the "Board of Fire and Police Commissioners" be, **»«••« "^ Commis.sioners. and the same is, changed to the "Board of Commis- sioners of the City of Memphis. ' ' Said Board shall consist as at present of five members, one of whom shall be the Mayor. The first Board hereunder shall consist of the four members of the present Legisla- tive Council of the City of Memphis, whose terms ex- pire in November, 1911, and of a Mayor, who shall be elected by the people of the city of Memphis on the first Thursday after the first Monday in Novem- ber, 1909. The qualifications of said Mayor and of the members of said Board of Commissioners shall be those now required by Law for the members of the present Legislative Council, and the Mayor shall have the additional qualifications now provided by law for said office ; provided, however, that no per- son shall be ineligible to said office because of hav- ing heretofore held said office. Sec. 3. Be it further enacted, That the said Board of Commissioners shall have and exercise all of the powers and discharge all duties now vested in and imposed upon the present Board of Fire and Police Commissioners, the present Board of Public Works, and the present Legislative Council, together with such other powers and duties as are hereinafter pre- scribed. Sec. 4. Be it further enacted, That the Board of Public Works is hereby abolished, and the powers and duties now vested in and imposed upon said Board and the several members thereof by law are hereby vested in and imposed upon the said Board of Commissioners and the several members thereof as herein provided. Sec. 5. Be it further enacted, That the Board of Health as at present constituted is hereby abolished, and in lieu thereof is established a subordinate de- partment to be known as the ''Health Department," to be under the supervision and control of the De- partment of Public Affairs, which said department shall perform the duties and functions heretofore performed by the Board of Health. Sec. 6. Be it further enacted, That the term of of- fice of the Mayor to be elected under this Act in No- Tp^y,,^ ^j vember, 1909, shall expire December 31, 1911, and Mayor and the term of office of the Mayor thereafter shall be co^nraiHsion^r^. four years, and, to the end that uniformity may pre- vail, the term of office of the other four Commis- sioners composing the first Board of Commissioners hereunder is hereby extended to and including De- cember 31, 1911. The term of office of all Commis- sioners thereafter shall be four years. All of said Commissioners, including the Mayor, shall hold of- fice until their respective successors are elected and qualified. Sec. 7. Be it further enacted, That the compensa- tion of the Mayor shall be six thousand dollars ($6,- compensatioM oi 000) per annum, payable in monthly installments, and that of the other members of said Board of Com- missioners shall be three thousand dollars ($3,000) per annum, payable in monthly installments. No member of said Board of Commissioners shall, di- rectly or indirectly, receive any other or greater compensation than that just j^rovided. Mayor and Comuiissioner:*. 6 CInsKification of DepartmeiLts. Officers' TerniM and Coinpensation. Sec. 8. Be it further enacted, That to the end that the work of the city government may be classified and arranged and more efficiently conducted, there is now established the following departments, with the duties and powers, and made up as hereinafter indicated, viz. : 1. The Department of Public Affairs and Health. 2. The Department of Fire and Police. 3. The Department of Streets, Bridges and Sew- ers. 4. The Department of Accounts,. Finances, and Revenues. 5. The Department of Public Utilities, Grounds, and Buildings. Sec. 9. 5e it further enacted, That at the first meeting of the said Board of Commissioners or at some meeting within thirty days thereafter there shall be elected by said Board the following officers, whose terms of office and whose annual compensa- tion (payable in monthly installments) shall be as herein indicated, as follows : City Attorney, two years, $3,600. City Judge, two years, $2,500. City Engineer, two years, $3,000. City Clerk, two years, $3,000. Chief of Police, one j^ear, $2,700. Chief of Fire Department, one year, $2,700. City Paymaster, two years, $2,000. City Chemist, one year, $2,400. Superintendent of Health Department, two years, $3,000. Clerk of City Court, one year, $1,800. City Plumbing Inspector, one year, $1,500. City Meat Inspector, one year, $1,500. City Boiler Inspector, one year, $1,680. Collector of License and Privilege Taxes, one year, $1,500. AVliarfmaster, one year, $1,500. Marketmaster, one year, $1,200. City Veterinary Surgeon, one year, $1,200. Gas and Electric Light Inspector, one year, $1,500. City Harnessmaker, one year, $1,200. Inspector of Weights and Measures, one year, $1,800. Superintendent of City Hospital, one year, $1,500. Electric Inspector, one year, $2,000. Building Inspector, one year, $2,500. Provided, that none of the said officers shall be paid or shall receive, directly or indirectly, any fur- ther or greater compensation than that above de- scribed; and, provided, further, howerer, that the Board of Commissioners by proper ordinance may increase the salary of the City Engineer to a sum not to exceed five thousand dollars ($5,000) per annum. Sec. 10. Be it further enacted, That no Commis- sioner or officer herein named shall demand or re- ceive in any manner or form any greater compensa- tion than provided for herein, and that it shall be a felony for a Mayor, any Commissioner of the city of Memphis, any Park or Water Department Commis- sioner, any Civil Service Commissioner, any elec- tive, appointee, or subordinate officer, any employe, 8 or any one connected with the government of the city of Memphis in any manner to accept any moneys or gifts of any character whatever other than that stipulated for performing the duties of their office. For any violation of the above and conviction there- of he shall be guilty of a felony and imprisoned in the State penitentiary for not less than one year nor more than five years. Sec. 11. Be it further enacted, That the Mayor Jurisdiction and sliall bc at the head and have charge of the Depart- Duties of Mayor, meut of Public Affairs and Health; within the scope of this department shall be the general supervisor of all the affairs of the municipality ; the office of the City Attorney, and matters pertaining thereto; the offices of City Judge and City Court Clerks, and all matters pertaining thereto; the office of the City Clerk, and matters pertaining thereto ; the office of Superintendent of the Health Department, and mat- ters pertaining thereto, including the City Hospital, the Veterinary Surgeon, and all matters properly pertaining to said departments ; the office of the City Pa3"master, and matters pertaining thereto ; the re- ceiving and filing of all reports of heads of other departments and reports from the Mayor as to his department, and to the general condition of the city with respect to all matters affecting the welfare of the municipality and its citizens. It shall be the duty of the Mayor, as the head of this department, to keep the Board of Commissioners from time to time advised as to all matters affecting the general wel- fare of the city. It shall also be the duty of the Department ot Fire and Police Departnieut of Mayor to preside at all meetings of the Board of Commissioners and to appoint sucli committees as may be provided for by ordinance or resolution of the Board. Sec. 12. Be it further enacted, That the Depart- ment of Fire and Police shall embrace the Fire De- partment and the Police Department, and all mat- scope of. ters pertaining to such departments. Sec. 13. Be it further enacted, That the Depart- ment of Streets, Bridges and Sewers shall embrace everything heretofore embraced in the Engineer streets, Bridges Department, including bridges, streets, sewers, sub- '*•*•* sewers— ways, sidewalks, viaducts, or new work connected therewith of every character, graveling, repair work of all kinds, city carpentering, also street sprinkling and cleaning, together with the stables, horses, mules, wagons and equipment connected with said work, and also matters heretofore under the super- vision of the Plumbing Inspector and Harnessmaker. Sec. 14. Be it further enacted, That the Depart- ment of Accounts, Finance and Revenue shall em- Department of brace all matters relating to the city finance and rev- enue; the auditing of all bills in every department, whether for purchasing, pay rolls, or otherwise; the scope of. supervision and auditing of books and accounts of every department of the city, together with the su- pervision of matters relating to front-foot assess- ments; within this department shall also be em braced the Inspector of Weights and Measures, and the Collector of License and Privilege Taxes, and all matters connected with this office. Accountdt, Finance anA 10 Department of Public Utilities, c; rounds and Buildings — Soope of. Qiiestions of Jurisdiction and Uovf Settled. Assignment of Commissioners. Sec. 15. Be it further enacted, That the Depart- ment of Public Utilities, Grounds and Buildings shall embrace all the affairs of the city connected with railroads, street car lines, gas and electric light companies, telephone and telegraph companies, Wa- ter Department, wharfage and AVliarfmaster, mar- ket house and Marketmaster. Within this depart- ment shall also be embraced the Building Inspector, the Gas and Electric Light Inspector, the Boiler In- spector and the Electric InsiDcctor, and all matters connected with those offices. This department shall also embrace all public grounds and buildings and public parks; provided, however, that nothing in this Act shall be deemed to affect the power and du- ties of the Park Commissioners of Memphis as the same are now prescribed by law, or the Water Com- mission. Sec. 16. Be it further enacted. That whenever a difference of opinion shall arise as to what depart- ment embraces a particular work or matter, either because the same is not herein specially provided for or because of the difference of opinion as to the proper construction of the foregoing sections, the question shall be determined by the Board of Com- missioners in regular session, and their conclusion shall be final and binding. Sec. 17. Be it further enacted. That at the first meeting of a Board of Commissioners hereunder, or within thirty days thereafter, the said Board of Commissioners shall assign one of its members, not the Mayor, to each of the four departments last 11 above mentioned, and the said four Commissioners shall thereafter be known and designated, respect- ively, as a Commissioner of the Department of Fire and Police, the Commissioner of the Department of Streets, Bridges and Sewers; the Commissioner of the Department of Accounts, Finance and Revenue ; the Commissioner of the Department of Public Util- ities, Grounds and Buildings. The Board of Com- missioners, however, shall have the power by a ma- jority of vote at any time to change any or all of the Commissioners, except the Mayor, from one depart- ment to another, such change to be made opera- tive by resolution duly passed by said Board, such resolution to fix the time when it shall take effect and to take -effect at the time as fixed. Sec. 18. Be it further enacted, That upon any va- cancy occurring in the Board of Commissioners by a death, resignation, removal, or otherwise, then the remaining four Commissioners shall have the power by majority of vote to elect a Commissioner to fill such vacancy, who shall hold office for the unexpired term. Pending such election, the Mayor (or if the vacancy be in the office of the Mayor) then the Com- missioner of Department of Fire and Police shall assume and have charge of the department over which the Commissioner whose office has been va- cated has charge ; provided, that in the event in such an election by the Commission there shall be a tie vote on the question of the election of said Commis- sioner, then the Mayor shall have the right to cast both his own and the vote of the Commissioner of the office so vacated. Vacancies^ 12 Meetings of Board. Officers IVot to be Interested in Contracts witli the City. Komination of Officers. Sec. 19. Be it further enacted, That the Board of Commissioners shall hold a regular meeting every Tuesday at 2:30 o'clock in the afternoon, and may hold such special meetings as may be called by the Mayor or any two of the other Commissioners. If the business of any regular or special meeting be not concluded on the day when the same convenes, the Board may adjourn such meeting to any subse- quent day of that week. All meetings of the Board shall be public, and shall be held at the place pro- vided for such meetings, and said place cannot be changed, except by ordinance. Sec. 20. Be it further enacted, That no Commis- sioner nor any officer nor subordinate officer of the city shall be connected with or interested in, directly or indirectly, any contract with the city, nor shall any Commissioner of the city receive any compen- sation other than that herein specially provided, nor shall extra pay be allowed or received by any Com- missioner or officer by the city serving on a commit- tee, agency, or commission whatever when appointed to such service by the Commissioner during his term of office; provided, however, that whenever the du- ties of any Commissioner shall require him to visit a point beyond the limits of Shelby County, his rea- sonable expenses shall be paid by the city. Sec. 21. Be it further enacted, That every officer for whose election by the Board of Commissioners provision is herein made shall first be nominated by the Commissioner to whose department such of- 13 iicer belongs, and no such officer shall be elected by the Board except on such nomination; provided, hoioever, that if the Commissioner whose duty and function it is to nominate any officer shall fail with- in thirty days to make a nomination, then any mem- ber of said Board shall have the right to make a nomination or nominations, and the Board may thereupon elect the person so nominated. Sec. 22. Be it further enacted, That the Commis- sioners of the city of Memphis shall fix the amount Bonds o« of bonds and the method of their approval to be re- officers. quired of all elective, appointive, or subordinate offi- cers, and such other city employes whom the Com- missioners of the city of Memphis shall require to give bond. The ajDproval of the official bond of all elective, appointive or subordinate officers and oth- er employes must be indorsed thereon and signed by the Commissioners of the City of Memphis, and shall be given and made by some good and solvent surety company. A\\ bonds when approved shall be filed with the Clerk of the city of Memphis ; ail pro- visions of any law of this State relating to official bonds, not inconsistent with this charter, shall be complied with. Sec. 23. Be it further enacted, That no Commis- sioner or officer of the city shall during the term for " " May accept no which he is elected be appointed to or accept any oth- other oMce. er office under the city government or become an offi- cer or employe (with or without pay) of the State or county in any capacity whatever; provided, how- ever, that nothing in this section shall be construed 14 to affect the office of County Trustee of Shelby County, who is now by law the receiver of taxes for the city. Sec. 24. Be it further enacted, That in the event of the absence from the city or of the death, resigna- tion, or removal of tlie Mayor or of his inability to act, the Commissioner of the Fire and Police shall have and exercise all the powers and duties of the Mayor, and in the event of the absence of the Mayor from any meeting of the Board, such Commissioner shall preside in his place, and it shall not be lawful for either the Mayor or the Commissioner of Fire and Police to absent himself from the city while the other is absent or disabled from attending to the duties of his office. Sec. 25. Be it further enacted, That in the event of the death, resignation or removal of any officer of this city other than a member of the Board of Com- missioners, it shall be the right and duty of the Board of Commissioners to elect as soon as practi- cable a successor to fill the vacancy; and if no elec- tion be had within thirty days after such vacancy occurs, the Mayor shall have the right, and it shall be his duty, to appoint some fit person to fill such vacancy until an election by the Board shall occur. The election by said Board to fill such vacancy shall be on nomination by the Commissioner of the de- partment to which such officer belongs. In the event of the temporary absence or disability of any officer other than a member of the Board of Commission- ers, the Board shall, if a majority of the members 15 thereof see fit, have the power to appoint some prop- er person to act in the place and stead of such offi- cer during his absence or disability and to provide for the compensation of such person temporarily- discharging the duties of said officer ; provided, how- ever, that there shall be no deduction from the salary of the regular incumbent of said office during such absence or disability unless the Board shall by reso- lution declare the absence from office of such incum- bent to be without excuse. Sec. 26. Be it further enacted, That within ninety days after organizing the Commissioners of the city c*vii service of Memphis shall by ordinance appoint three Civil Commissioners- Service Commissioners, who shall hold office — one Compensntion, until January 1, 1911 ; one until January 1, 1912, and tiuaimeations. one until January 1, 1913. Upon the expiration of these respective terms, successors shall be elected to hold office for three years from the date of the election and until his successor is elected and quali- fied. Each of these Civil Service Commissioners shall receive an annual salary of $300, payable monthly. The Chairman of the Commission for each annual period shall be the member whose term first expires. No person on said Commission shall hold or be a candidate for any office or public trust or profit, who is in arrears for taxes, or who is not a freeholder, and who has not resided in the city of Memphis, State of Tennessee, for at least six years next preceding his election; two of said members shall constitute a quorum to transact business. The Commission (Commissioners) of the city of Memphis 16 Removal for Canse. Clerk of C'oinniissiOB. Oath of Civil Service Commissioners. may remove any of said Commissioners during their term of office for cause, four of the Commissioners of the city of Memphis voting in favor of such re- moval, and shall fill any vacancy that may occur in said Commission for the unexpired term. The Com- missioners of the city of Memphis shall provide suit- able rooms in which the said Civil Service Commis- sioners may hold its meetings. They shall have a Clerk, who shall be elected by the Commissioners of the city of Memphis, who shall fix his compensation and term of office. Said Clerk shall keep a record of all meetings of said Civil Service Commission, and do all necessary clerical work to carry out the rules and regulations of the said Commission. The Commissioners of the city of Memphis shall supply the said Civil Service Commission with all the neces- sary equipment to properly attend to such business. Sec. 27. Be it further enacted, That before enter- ing upon the duties of their office, each of said Civil Service Commissioners shall take and subscribe an oath, which shall be filed and kept in the office of the Clerk of the city of Memphis, to support the Con- stitution of the United States and the State of Tennessee, and to obey the laws and ordinances of the city of Memphis and to aim to secure and main- tain an honest and efficient force free from partisan distinction or control, and to perform the duties of his office to the best of his ability. Sec. 28. Be it further enacted, That said Commis- sioners shall on the first Monday in April and Octo- ber of each year, or oftener if it shall be deemed nee- To Hoia 17 essary, under such rules and regulations as may be prescribed by the Commissioners of the city of Mem- phis, hold examinations for the purjDose of deter- mining the qualifications of applicant for positions, which examination shall be practical, and shall fair- ly test the fitness of the persons examined to dis- charge the duties of the position to which they seek to be appointed. Said Commission shall as soon as possible after such examination certify to the Com- missioners of the city of Memphis double the num- t© certify ber of persons necessary to fill vacancies, who, ac- i>ist *« cording to its records, have the highest standing for *^»™*»»«''»«»««- the positions they seek to fill as a result of such ex- aminations, and all vacancies which occur that come under the civil service rule prior to the date of the next regular examination shall be filed from said lists so certified; provided, however, that should the list for any cause be reduced to less than three for any division, then the Commissioners of the city of Memphis or the Commissioner in charge of that de- partment may temporarily fill a vacancy, but not to exceed thirty days. Sec. 29. Be it further enacted, That all persons subject to such civil service examinations shall be Removal for subject to removal from office or employment by the Commissioners of the city of Memphis or the Com- missioner in charge of that department for miscon- duct or failure to perform their duty under such rules and regulations as it may adopt ; and the Chief of Police Department, Chief of the Fire Department, Superintendent of the Health Department, or any Cause. 18 Superintendent or foreman in charge of municipal work may peremptorily suspend or discharge any^ subordinate then under his direction for neglect of duty or disobedience of his orders ; but shall within twenty-four hours thereafter report in writing such suspension or discharge and a reason therefor to the Commissioner in charge of his department, who shall thereupon affirm or revoke such discharge or suspension according to the facts. Such employe (or officer discharging or suspend- ing him) may within five days of such ruling appeal therefrom to the Commissioners of the city of Mem- phis, who shall fully hear and determine the matter and their conclusions in the premises shall be final. Sec. 30. Be it further enacted, That every member of the Board of Commissioners of the City of Mem- phis shall have the power to administer oaths and affirmations, and said Board of Commissioners of the city of Memphis shall have the power to issue subpoenas to compel by subpoena the production of books and papers, accounts, and the attendance of witnesses, and to take and hear testimony concern- ing any matter or thing pending before such Com- missioners of the city of Memphis. If any person so subpoenaed neglects or refuses to appear or to produce any book, paper or document as required by such subpoena, or shall refuse to tes- tify before said Commissioners of the city of Mem- phis, to answer any competent question, he shall be deemed in contempt, and said Commissioners of the city of Memphis shall have power to take proceed- Rules and Regulations of Civil Service 19 ings in that behalf as provided by the general laws of the State. The Chief of Police must on request of the said Board of Commissioners of the city of Memphis detail a police officer or police officers to serve such subpoena or subpoenas. Sec. 31. Be it further enacted, That said Civil Service Commissioner shall make annual report to Annual Report, the Commissioners of the city of Memphis, and they may require a special report from said Civil Service Commission at any time; and said Commissioners commission. of the city of Memphis may prescribe such rules and regulations for the joroper conduct of the business of said Civil Service Commission as shall be found ex- pedient and advisable, including restrictions and appointments, promotions, removal for cause, roster of employes, certification of the records, and re- strictions on payment to persons improperly em- l^loyed. Sec. 32. Be it further enacted, That the Commis- sioners of the city of Memphis shall have the I'^ower to pass ordinances imposing suitable penalties for the punishment of persons violating any of the pro- visions of this Act relating to the Civil Service Com- mission. Sec. 33. Be it further enacted. That any Commis- sioner of the city of Memphis at the head of a de- commissioners partment of the city government certifying to the **'*'' *^'''"*'* Chairman of the Civil Service Commission may Employes. cause any employe or employes in his department coming under civil service rules to be examined as 20 to his fitness and qualifications to fill his position. The Chainnan of the Civil Service Commission upon receipt of such communication from said Commis- sioner of the city of Memphis and the head of a department of the city government shall cite said employe or employes before the Civil Service Com- mission and examine them as to their fitness and qualifications to fulfill the duties of their position ac- cording to the standard and rules adopted by the Civil Service Conunission as a test for such position ; and said Civil Service Commission shall report the results of such examination to the Commissioners of the city of Memphis who requested such examina- tion, and said Commissioners of the city of Mem- phis must either retain or dismiss said employe or employes as the result of said examination may show. Sec. 34. Be it further enacted, That the provisions of the Sections 26 to 33, inclusive, shall apply to all appointive officers and employes of the city of Mem- phis, except those especially named in Section 10 of this Act, Commissioners of any kind, laborers whose occupation requires no special skill or fitness, and Assistant City Attorney where such officers are ap- pointed. Sec. 35. Be it further enacted, That all officers and employes who shall be employed by the city of Memphis shall be elected or appointed with refer- ence to their qualifications and fitness and for good of the public service, and without reference to their political faith or party affiliation. Promise «l Office Prohitoiteil. 21 Sec. 36. Be it further enacted, That it shall be un- lawful for any candidate for office or any officer in the emplo>Tnent of the city of Memphis, directly or indirectly, give or promise any person or persons any office, employment, benefit, or anything of value for the purpose of influencing or obtaining the po- litical support, aid or vote of any person or persons. Any violation of the provisions of this section shall be a misdemeanor, and shall be grounds for removal from office. Sec. 37. Be it further enacted, That the Mayor shall sign all bonds, notes, or other evidence of in- debtedness by the city, and shall also sign all con- tracts to which the city of Memphis is a party ; pro- how signed. vided, that if the Mayor refuses to sign any such contract or instrument, the same shall become ef- fective without his signature by tlie signature of any three of the other Commissioners. All checks is- sued by the city on any account shall be counter- signed by the Mayor and two Commissioners. Contracts, Bonds, etc., Sec. 38. Be it further enacted. That no contract involving the expenditure of exceeding five hundred dollars ($500) shall be awarded or let until after the advertisement for at least one week by some newspaper published in Memphis, and then only to the lowest and best bidder ; provided, that in case of emergency a publication of two days shall be suffi- cient. Sec. 39. Be it further enacted, That before any contract can become effective or binding on the city Advertisement and ATvard of Contracts. 22 of Memphis, it shall be approved by a majority of the members of the Board of Commissioners, and the members approving the same shall affix their signatures thereto, and the same shall be copied with .such signature on the minutes of the proceedings of the Board. Kranfliises. Bomi Or«linaiioe Become Effective — Sec. 40. Be it further enacted, That the method of granting franchises shall remain as prescribed in Section 29 of Chapter 54 of the Acts of 1905, save and except that the ordinance granting such fran- chise shall be passed by a majority of the Board of Commissioners; provided, hoivever, that no ordi- nance granting any franchise shall become effective until such ordinance shall have been passed at three separate regular meetings of the Board and shall have been published in some daily newspaper pub- lished in Memphis, Tenn., at least three times, each of said publications to be on the day prior to the meeting at which each passage of the ordinance oc- curs. Sec. 41. Be it further enacted. That no ordinance authorizing or providing for any issue of bonds shall become effective until thirty days after its final pas- sage and until the same shall have been approved by a majority of the qualified electors of the city voting at an election to be called and ordered for that pur- pose; provided, hoivever, that such submission to and approval of by said voters shall be unnecessary unless same shall have been requested by a petition in writing, signed by at least 500 qualified voters of the city of Memphis within thirty days after the 23 final passage of the ordinance providing for such hond issue. Sec. 42. Be it further enacted, That the salary of the City Judge shall be as now prescribed by law; provided, hoivever, that in the event of the tem])o- rary absence or disability of the City Judge from any cause, no deduction shall be made from his sal- ary unless the Council shall by resolution declare that the absence from his duties was without rea- sonable excuse. Sec. 43. Be it further enacted. That no appeal shall lie from a judgment of the City Court rendered in the exercise of the jurisdiction of that court over all violations of municipal ordinances unless the judgment be for a fine of more than $10 and costs ; and, provided, further, that no order of said City Court remitting any fines shall become effective un- til it shall have been signed by the Mayor and two Commissioners. Sec. 44. Be it further enacted, That no ordinance shall become effective until the same shall have passed at least three regular meetings of the Board of Commissioners and shall have received at each meeting a majority of all members composing said Board, and unless the same shall have been pub- lished in some daily newspaper in Memphis on the day preceeding (preceding) each meeting at which it had passed, and until the same shall have been published daily for at least one week after its final passage, in some newspaper published in Memphis, and shall have been duly and formally recorded in Salary of t'ity Jndge. A It pen I.*! Remission of Fines. Ordinances Effective — Wben. 24 Department Kxpendltnres may exceed Budget, Ad Valorem Taxes. the office of the City Clerk in the minutes of the pro- ceedings of the Board; provided, however, that by unanimous vote of all the Commissioners any ordi- nance may become effective immediately upon its final passage if the matter be one of emergency. Sec. 45. Be it further enacted, That it shall be law- ful to expend in any year a greater amount for any department than shall have been approprir/od in the annual budget for the department; provided, such excess can be made up from a surplus in any other department or departments, and provided ilie same is authorized by ordinance or resolution duly passed. Sec. 46. Be it further eyiacted. That all the special taxes heretofore provided for by the Legislature to be levied and assessed against the real and personal property in the city of Memphis are hereby abol- ished and all Acts providing for the same are here- by repealed. Sec. 47. Be it further enacted, That th^^ said Board of Commissioners of the city of Memphis shall have pov/er by ordinance in a regular meeting to levy a»jd collect a general ad valorem tax upon all real and personal property in the city of Memphis not to ex- ceed two dollars ($2) on every one hundred dollars of assessed value for all purposes, and it is further provided that out of said levy the said Board of Commissioners shall each year collect and pay to the School Commissioners of the city of Memphis twenty-five cents on every one hundred dollars of assessed value, to the Park Commissioners of the 25 city of Memphis fifteen cents on every one hundred dollars of assessed value, and to the Cossit Library three cents on every one hundred dollars of assessed value. Sec. 48. Be it further enacted, That the next regu- lar municipal election shall be held on the first Elections. Thursday after the first Monday in November, 1909, at which there shall be elected a Mayor, who shall hold office until and including December 31, 1911. Subsequent municipal elections shall be held on the first Thursday after the first Monday in November, 1911, and every four years thereafter, at which shall be elected a Maj^or and four Commissioners and a City Tax Assessor, who shall take their oath of office and qualify on December 31 following the date of their election. Sec. 49. Be it further enacted, That there shall be a subordinate officer, to be known as ** Assistant At- Assistatnt torney," by and with the consent of the Board of ^^*^ Attome: Commissioners, who shall receive an annual salary of $1,200, payable monthly. He shall hold office at the will of the City Attorney. Sec. 50. Be it further enacted. That all Commis- sioners and elective officers hereunder shall be ex- empt from jury and military duty. Sec. 51. Be it further enacted, That the word *' Commissioner" or '' Commissioners," as used in this Act, shall be construed as embracing the Mayor unless the contrary is plainly indicated. 26 Sec. 52. Be it further enacted, That all Acts and parts of Acts constituting the present charter of the city of Memphis, not in conflict with this amenda- tory Act, be, and the same are, continued in full force and effect, and all Acts in conflict herewith are hereby repealed. Sec. 53. Be it further enacted, That this Act shall take eifect for purposes of election and qualifications of the officers herein provided for from and after its passage and for all other purposes on January 1st, 1910, the public welfare requiring it. Passed April 24th, 1909. William Kinney, Speaker of the Senate. M. HiLLSMAN Taylor, Speaker of the House of Representatives. Approved April 27, 1909. Malcolm R. Patterson, Governor. CHARTER AND ANNUAL REPORTS SUBMITTED AT THE ANNUAL MEETING -OF THE- GENERAL COUNCIL OF THE- CITY OF MOBILE MARCH 15, 1906 MOBILE, ALA. COMMERCIAL PRINTING CO. 1906 CHiVI^^E^IC. No. lOSOyi] AN ACT [h. 606 To provide a charter for the City of Mobile. Section 1. Be it enacted by the General Assem- bly of Alabama, That the inhabitants residing within the following named boundaries, to-wit : Commenc- ing at a point on the western margin of Mobile bay fr^rp^^ate where the same would be intersected by the southern line of Tennessee street, if said street were extended eastwardly from Conception street in the same direc- tion as now located, thence running westwardly along the southern line of the extension as aforesaid of Tennessee street to the point where the southern line of Tennessee street intersects with the western side of Conception street; thence westwardly along the southern side of Tennessee street to the western side of Lawrence street ; thence northwardly along the western side of Lawrence street to the southern side of Virginia street ; thence westwardly along the southern side of Virginia street to a point where the same would intersect with the western side of Catherine street if the same were extended south- wardly from Govrnment street in same direction as now located ; thence northwardly to the western line of said Catherine street where the same inter- sects the north line of Government street ; thence along the west line of Catherine street, as now lo- cated, to the northeast side of St. Stephens, or the New Creek road ; thence by a line running north- wardly in extension of said west line of said Cath- erine street to the right or south bank of Bayou Chetaugue, or Three Mile creek; thence down the said right bank to the notheast side of Davis ave- nue ; thence eastwardly along the northeast side or line of Davis avenue, as located, to the west side of the street or lane known as Marmotte alley ; thence along the west side of Marmotte alley northwardly to its intersection with the south side of Morgan Rights. Eight wards. Second ward. Street ; thence eastwardly along the south side of Morgan street to the left or north bank of Bayou Marmotte, and thence down said bayou along the north bank thereof to the Mobile river; thence due east to the west shore of Blakely island ; thence south along the west shore of Blakely and Pinto island, and thence with the east channel line to a point in Mobile bay due east from said point on the western margin of said bay where the same would be intersected by the southern line of Ten- nessee street if said Tennessee street were extended £is aforesaid; thence westwardly to the place of be- ginning, are hereby incorporated and made a body politic and corporate, under the name and style of "The City of Mobile," which shall be managed and governed as hereinafter provided. It may sue and be sued, buy and contract, and do its acts under that name, and may have and use a corporate seal. Sec. 2. Be it further enacted. That the territory of the said corporation shall be divided into eight wards, to be designated as the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth wards, which shall be divided and bounded as follows, to- wit : The First ward shall commence at the inter- section of the eastern and northern boundary lines of the corporation, thence running southwardly slong the east boundary line of the city to the inter- section with the center of St. Louis street extended, thence westwardly to and along the center of St. Louis street to its intersection with the center of FrankHn street to its intersection with the north boundary of the corporation, thence along the said north boundary line eastwardly to its intersection with the east boundary line of the corporation, being the place of beginning. The Second ward shall com- mence at the intersection of the east boundary line of the corporation and the center of St. Louis street extended, thence running southwardly along the said east boundary line to its intersection with St. Francis street extended, thence westwardly to and along- the center of St. Francis street to its inter- section with the center of FrankUn street, thence northwardly along the center of Franklin street to its intersection with the center of St. Louis street, thence eastwardly along the center of St. Louis street extended to its intersection with the said east boundary line, being the place of beginning. The Third ward shall commence at the intersection of the'^^''"'^ ward, east boundary line of the corporation and the center of St. Francis street extended, thence running south- erly along said east boundary line to its intersection with the center of Conti street extended, thence westwardly to and along the center of Conti street to its intersection with the center of Franklin street, thence running northwardly along the center of Franklin street to its intersection with the center of St. Francis street, thence eastwardly along the cen- ter of St. Francis street extended to its intersection with the east boundary line, being the place of be- ginning. The Fourth ward shall commence at the pourth ward, intersection of the east boundary line of the corpora- tion and the center of Conti street extended, thence running southwardly along said east boundary line to the intersection with the center of Monroe street extended, then westwardly to and along the cen- ter of Monroe street to its intersection with the cen- ter of Franklin street, thence northwardly along the center of Franklin street to its intersection with the center of Conti street, thence eastwardly along the center of Conti street to its intersection with the said east boundary line, being the place of beginning. The Fifth ward shall commence at the intersection Fifth ward of the east boundary line of the corporation and the center of Monroe street extended, thence running southwardly along said east boundary line to its in- tersection with the south boundary line of the cor- poration, thence westwardly along said boundary line to its intersection with the center of Franklin street, thence northwardly along the center of Franklin street to its intersection with Monroe 6 street, thence eastwardly along the center of Monroe street to its intersection with the east boundary Hne of the corporation, being the place of beginning. Sixth ward, fhg gixtli Ward shall commence at the intersection of the south boundary line of the corporation and the center of Franklin street, thence running north- wardly along the center of Franklin street to its intersection with the center of Dauphin street, thence westwardly along the center of Dauphin street as far as the intersection of Wilkinson street thence south along the center of Wilkinson street to the connection of said street with Washington avenue, formerly called Dog River road, and thence along the center of said avenue or road to the south boundary line of the corporation, thence eastwardly along the south boundary line to the west side of Lawrence street, thence southwardly to the Mobile bay, thence east to the intersection of the south boundary of the corporation with the center of Seventh ward. Franklin street extended. The Seventh ward shall commence at the intersection of the center of Dau- phin and Franklin streets, thence running west- wardly along the center of Dauphin street as far as the intersection of Spring Hill avenue, from which point continuing westwardly along the center of Spring Hill avenue to the west boundary line of the corporation, thence northwardly along said west boundary line to its intersection with the north boundary line of the corporation, thence eastwardly along said north boundary line to its intersection with the west side of Marmotte alley, thence along the west side of Marmotte alley to its intersection with the south side of Morgan street, thence along the north boundary of the corporation to the inter- section with the center of Franklin street, thence southwardly along the center of Franklin street to its intersection with the center of Dauphin street. Eighth ward, being the place of beginning. The Eighth ward shall commence at the center of the intersection of Dauphin and Wilkinson streets and Spring Hill road, and from thence run northwesterly to the western boundary hne of the corporation, thence southwardly along the western boundary line of the corporation to the south boundary line thereof, thence along the said south boundary line of the corporation to a point where said line intersects with \\'ashington avenue or Dog River road, thence north through the center of said Washington avenue or Dog River road to its intersection with the center of \\'ilkinson street, thence north along said center of Wilkinson street to the place of beginning. Sec. 3. Be it further enacted, That the legislative ^^I'Amlnt department shall be vested in a mayor and general council. The general council shall consist of the councilmen and aldermen as hereinafter provided, x-\ll applications shall be made to and all ordinances passed in the name of the mayor and general council. All resolutions, measures or proposed ordinances shall originate with the general council and their action shall be final. But, should the mayor dissent, the general council may pass such measure or pro- posed ordinance over his veto by a two-thirds ma- jority. The city clerk shall keep the minutes of the meetings of said general council. Each member of the general council shall have the right in all cases to call for the yeas and nays and have the same recorded on the minutes. Ten members of the gen- eral council shall constitute a quorum of said general council. But in all cases a less number may adjourn from time to time and compel the attendance of ab- sentees. Election: Sec. 4. Be it further enacted. That there shall aidermen at large, be elected on the first Monday in March, 1903, seven aldermen for the city at large, who shall hold office for three years and until their successors are elected and qualified, and on the first Monday in March every three years thereafter seven aldermen at large shall be elected by the qualified voters of said city. Sec. 5. Be it further enacted. That on the first Ei«"ction: ' councilmen. Monday in March, 1903, and on the first Monday in 8 Election: city officers City engineer March every three years thereafter, eight council- men shall be elected by the qualified voters and shall hold office until their successors are duly elected and qualified. One of said councilmen shall be elected for each ward in the city of Mobile. vSec. 6. Be it further enacted, That there shall be elected on the first Monday in March, 1903, and on the first Monday in March every three years there- after, in the manner hereinafter provided, a mayor, a recorder, a city attorney, a city engineer, a city clerk and a member or members of a board of public works as provided in section 66 of this act, said members of said board of public works and their successors being elected as provided in section 66 of this act. All of said officers except the board of public works shall hold office for three years and until their successors are elected and qualified, and in the event that any of said offices shall become vacant by death, resignation, removal or otherwise, the general council shall fill such vacancies for the unexpired term, with the exception of the office of mayor and board of public works, which is herein- after provided for. Said recorder shall be learned in the law and a practicing attorney at the time of his election, and shall have an adequate salary, to be fixed by the general council preceding his elec- tion, not to exceed fifteen hundred dollars per an- num, payable in monthly installments, which sal- ary shall not be changed during his term of office. The general council shall elect some suitable person as recorder pro tem., who shall, in case of sickness, absence, inability or interest of the recorder, per- form the duties of his office, and shall receive the salary of the recorder for the period of time or the number of days he acts as recorder. The duties of the city engineer shall be prescribed by the general council, and in the performance of such duties as may be defined by the general council the city en- gineer shall be under the direction and control of the mayor of said city. In the event that the office of mayor shall become vacant by death, resignation, Mayor, removal or otherwise, the mayor pro tem. shall be and act as mayor during the remainder of said term, and as such shall exercise all the rights and powers of mayor during the said term, and as such shall receive the salary for the time or number of days he so acts as mayor. Then and in such case the general council shall fill the vacancy occasioned in said general council by reason of the mayor pro tem. becoming the mayor of the city by the election of some one else to fill his place as member of said general council. In such event the general council shall also elect one of the members of said general council to fill his place as chairman, to preside at the meeting of said general council and also to be mayor pro tem. It is further provided that, in the event the mayor pro tem. shall be acting as mayor of the city at the time of any meeting of the general council, then in such case the general council shall elect one of their number as temporary chairman, to preside at the meetings of the general council until the chairman is relieved from acting as mayor. Sec. 7. Be it further enacted. That the mayor ^^^°^'' '^'^'"^ shall be the chief executive of said city. He shall have an adequate salary, to be fixed by the general council preceding his election, not to exceed eighteen hundred dollars, payable in quarterly installments, which shall not be changed during his term of office. He shall have power to convene the general council - in extra session whenever, in his judgment, the ex- igencies of the case may require it. , Sec. 8. Be it further enacted. That the mayor shall have one week after the meeting of the general council in which to file with the clerk in writing his dissent from any action of the said general council, but the general council may, in the manner pre- scribed by this charter, pass any ordinance or reso- lution, notwithstanding the veto, by a vote of two- thirds, to be taken by yeas and nays and entered on the minutes, 10 Chairman of Council. Qualifications for office. Sec. 9. Be it further enacted, That the mayor shall appoint a chief of police, subject to confirma- tion by the general council, and such a number of policemen as may be designated by the general coun- cil ; and the chief and policemen so appointed shall be subject to his control in discharge of their duties, and may at any time be suspended or removed by him for incompetency, misconduct or neglect of duty, and may also be removed from office by two- thirds vote of the general council. The city authori- ties and said police force shall have jurisdiction for two miles beyond the city limits, at Arlington Fair Grounds and at IVlonroe Park, for preserving the peace and making arrests. Sec. 10. Be it further enacted, That the mayor, before entering on the discharge of the duties of his office, shall take and subscribe to the following oath before the judge of the circuit court or justice of the peace: "I, (A. B.), do solemnly swear that I will to the utmost of my ability discharge the duties of mayor for the city of ]\Iobile during my continuance in office, so help me God." He shall, after being so qualified, have full power and authority to admin- ister the oath of office to each member of the board of general council. Sec. 11. Be it further enacted. That the general council shall elect from their number a chairman, whose duty it shall be as such chairman to preside at the meetings of the general council. Such chair- man shall also be mayor pro tem., and shall, in case of sickness, absence, inability or interest of the mayor, perform the duties of the office of the mayor. In case of similar disability of the mayor pro tem. at the same time with the mayor, such member of the general council shall act as may have been dele- gated by the mayor for that purpose. Sec. 12. Be it further enacted. That the mayor and recorder herein provided for, aldermen and councilmen, must, at the time of their election, reside in the city of Mobile and be qualified electors there- 11 of, and each councilman must reside in the ward for which he is elected and be a qualified elector in such ward. Said mayor, recorder and each of said aldermen and councilmen shall be elected by the qualified voters of all the wards in the city of Mo- bile, voting- in the wards of their respective resi- dences. If said mayor, recorder, councilmen and al- dermen should cease to reside within the city of Mo- bile during the term for which they were elected, they shall thereby cease to hold their office, and the vacancies thereby occasioned shall be filled as here- inbefore provided, and the appointees shall hold for such unexpired term. Should any councilman cease to reside in the ward for which he was elected during his term, his office shall become vacant thereby, and the vacancy shall be filled for the remainder of the unexpired term by the general council as provided. On the first Monday in March, 1903, and on the first ^^^ Coueetor. Monday in March every three years thereafter, a tax collector shall be elected in the same manner as is provided in this act for the election of mayor, re- corder, city attorney, city engineer and city clerk. Said tax collector must at the time of his election reside in the city of Mobile and be a qualified elector thereof. He shall hold his office' for a term of three years next following the date of his election and until his successor is duly elected and qualified. And if such tax collector cease to reside within the cor- porate limits of the city of Mobile during his term for wiiich he was elected, he shall thereby cease to hold his office, and the vacancy thereby created shall be filled by the general council, and such appointee shall hold for such unexpired term. The general council which may be in existence at the time pro- "^'°"^" vided for election of city officers shall appoint three inspectors of the aforesaid election and one return- ing officer for each polling place in the said wards, who must be residents of the ward for which they may be respectively appointed. Said general council must also provide for the opening of one polling 12 place for voters at said elections in each of said wards. And it may provide for the opening of two distinct boxes and offices at the polling places in the Sixth, Seventh and Eighth wards if it deems that necessary. The mayor shall give ten days' no- tice by advertising in some newspaper published in the city of Mobile of the time and place of holding said election and of the inspectors and returning ofifi- cers of said respective wards. He shall also cause to be made duplicate copies of so much of the regis- tration list of the county of Mobile as may embrace the registered voters who reside within the corporate limits of the city of Mobile, dividing the same into separate alphabetical lists of the registered voters of each ward. He shall compare such copies with the original registration lists and correct the same so that they shall be accurate, and certify on each that it is a correct list of the registered voters for the ward it appertains to. He shall have free access to said registration lists for this purpose. One of each of said duplicates shall be filed with the clerk of said corporation, where it shall remain as a record of his office ; and on or before the day of election, and before the opening of the polls, he shall furnish the inspectors for the respective wards with a copy of the list of registered voters of the ward for which such inspectors were appointed. It shall be the duty of the chief of police of the city of Mobile and of the sherifif of Mobile county to preserve strict order at such elections and see that the laws governing elec- tions in this State are enforced. Said elections shall be conducted according to the laws of the State re- specting the election of State and county officers except as otherwise provided in this act. No person shall be entitled to vote at said elections unless he possesses the qualifications mentioned in the consti- tution of the State, nor unless he shall have resided fifteen days within the ward in which he proposes to vote, and is a registered voter in such ward. Said inspectors at the several polls shall, immediately on 13 the closing of the polls, proceed and count the bal- lots, compare them with the poll lists at their re- spective polls and certify the results of the election in their respective wards to the mayor. They shall enclose the ballots cast in their respective wards Elections, with the poll and registration lists and their certifi- cates of said results in the box wherein the ballots cast at said election were placed, and, after fastening and carefully sealing said box, they shall deUver the same, with its contents, to the returning officer of their ward, and the same shall immediately be de- livered by him to said mayor, who shall give such returning officer his receipt for the box, stating therein its condition when received ; said mayor shall convene said general council as soon thereafter as practicable ; said general council, within one day from the time it is so convened, shall, in public, open said boxes, and, by a count of the ballots (a com- parison thereof with the polls and registration lists if necessary) and the certificates of said inspectors, verify and, if necessary, correct said certificates of the inspectors for the several polls, and declare ac- cordingly the election to their respective ofifices of the persons who may have received the largest num- ber of legal votes cast for said respective offices. Thereupon the mayor shall give to the persons so declared elected certificates of election to the offices to which they have been declared elected. Said cer- tificates shall entitle the persons receiving them to the possession of the office designated in the certifi- cate, and such persons respectivel}' shall take pos- session of the offices designated in their respective certificates on the second Monday next following after that of their election, and at 12 o'clock merid- ian of that day, or as near thereto as practicable ; but such persons shall severally take the oath of office prescribed by the constitution of the State as herein provided. Should two candidates for the same office receive an equal number of votes, the members of the retiring general council shall determine by'^'*'- 14 ballot which of the two shall have the office, and thereupon the mayor shall give the one so elected a certificate of his election as above provided, which shall entitle the party receiving it to the office spe- cified in the certificate. Said general council must cause the ballots cast in the several wards at such elections to be carefully sealed up and preserved, with such poll and registration lists, for fifteen days after the election in which said ballots were cast; after said fifteen days have expired said mayor shall Contest. cause said ballots to be burned in his presence unless a contest of election shall have been instituted in the manner provided by the laws of Alabama for the contestation of elections and notice thereof in writing served on said mayor before the lapse of fif- teen days. Should a contest be instituted and notice thereof given to said mayor within the time stated, he shall cause said box and contents, duly sealed, to be delivered to the judge in whose court the contest may be pending. The expenses of the election au- thorized by this act shall be paid by said general council in the same manner as other expenses are paid. City Clerk. Scc. 13. Be it further enaced, That the city clerk shall keep a true and faithful record of the pro- ceedings of the general council, the books of said corporation and a file of its papers and documents, all of which shall be open to public inspection, and he shall also perform such other duties as may be required of him by said general council . Officers elected Scc. 14. Be it further enacted. That all persons by council. holding office under elections by the general council shall be elected at the first meeting held in the month of March after the regular election by the general council which was elected at such regular elections, or as soon thereafter as practicable, but subject to removal for cause at any time by a two-thirds vote of the general council. And any of said officers may at any time, for incompetency, misconduct or neglect of duty, be suspended by the mayor for not longer 15 than sixty days, or for incompetency, misconduct or neglect of duty be removed from office by the mayor and with the approval of a two-thirds vote of the general council. v^ec. 15. Be it further enacted, That there shall o'^'^"^- be elected by the general council, at the time pre- scribed herein for the election of city officers, a chief and assistant chief of the fire department, a clerk of markets, a committee clerk, a license officer, a city sexton and a keeper of Magnolia cemetery, who shall also care for the Church street cemetery if required by the general council so to do, who shall each hold office for three years unless sooner removed for cause by the general council. Said officers and city clerk, city attorney and city engineer shall receive the fol- lowing annual salaries, payable in equal monthly in- stallments, viz : Chief of fire department, fifteen hun- dred dollars ; assistant chief of fire department, twelve hundred dollars ; clerk of markets, nine hun- dred and sixty dollars; committee clerk, one thous- and twenty dollars ; license officer, eleven hundred dollars ; city clerk, twenty-one hundred dollars ; city engineer, twelve hundred dollars ; city attorney, eighteen hundred dollars ; the city sexton and keeper of Alagnolia cemetery shall each receive such fees or other compensation as may be fixed by the general council, not to exceed those now received by them, respectively. The duties of such officers so far as Duties. not set forth in this act shall be prescribed by ordi- nance. No one of them shall receive any additional compensation for any services rendered by him, ex- cept as hereinafter provided by the mayor. Before entering upon the discharge of the duties of their respective offices, each shall take an oath before ^^^^ some officer authorizd to administer oaths faithfully to perform the duties of his office. All of said offi- cers and the chief of police and all other officers and employees of the city government, when the general council deems it necessary, shall enter into bond for the faithful performance of the duties of their re- 16 spective offices with a guaranty company authorized by law to execute official bonds in this State as surety thereon; provided, that such bond of such guaranty company shall guarantee against and in- demnify for any loss or damage that may arise from the negligence, carelessness or malfeasance in office, of the officer or employee entering into such bond ; each such bond shall be payable to the city of Mo- bile, in an amount to be fixed by the general council, and shall not be accepted until approved by such general council. Any officer or employee may be required by the general council to give an additional bond, to be fixed and approved by it, whenever it may deem that further security in amount or surety should be required of him. A failure to give such additional bond within ten days after notice so to do shall vacate the office of the person so required ; provided, that the general council may extend such time at its discretion. The mayor shall appoint on the first Monday in March, and every six months thereafter, an expert accountant, who shall make an examination in detail of all books and accounts of the city officials to cover a period of six months immediately preceding such examination, and make a full report thereof in writing, under oath, to be read by him to the general council at its first meet- ing after the completion of said report, and the same shall be spread upon the minutes of said general council ; provided, that the same person shall not be appointed or authorized to make such semi-annual examination twice in succession, and for his services said accountant shall not receive more than seventy- five dollars for each semi-annual examination. The chief of the fire department shall, by and with the approval of the mayor, employ such firemen and laborers as may be necessary to secure an efficient Market clerk, fire department. The office of clerk of markets may be abolished at the discretion of the general council. Sec. 16. Be it further enacted. That the tax col- TaxCoiiector. lector may at any time be removed by the general Expert ac- countant. Firemen and laborers. 17 council for inefificiency or other cause deemed suffi- cient by two-thirds of the general council upon a recorded vote. He shall collect all taxes and licenses, charges or license tax as provided by this act and by the ordinances of said general council. His salary shall be one hundred and fifty dollars per month, payable at the end of each month, and he shall enter into bond and security as the said general council may prescribe and approve. Sec. 17. Be it further enacted, That the recorder ^'=*=°'''i*^''- shall be a conservator of the peace in and for the county of Mobile. He shall have power to examine and commit to bail or discharge all persons charged with criminal offenses. He shall also have juris- diction for final trial of all misdemeanors arising within the corporate limits of the city of Mobile, which are within the criminal jurisdiction of the justices of the peace under the general laws of the State ; provided, however, that all persons arraigned before said recorder charged with any misdemeanor may demand a trial by jury ; whereupon he shall re- quire every such person to enter into bond with suf- ficient surety in an amount to be fixed by said re- corder for his or their appearance at the inferior criminal court of Mobile county, or the city court of ^Mobile. He shall hold a court once in each day in the week, Sundays and legal holidays excepted, at a place to be determined, fixed and furnished by the general council for the trial of all persons charged with offenses committed under this act, or with a breach of disobedience of any by-law or ordinance that may now legally exist or that may be hereafter enacted or adopted under the authority of this act. Recorder's Sec. 18. Be it further enacted. That the recorder court, within the limits of his jurisdiction may issue his process as recorder for a violation of the ordinances of the city of Mobile, and as justice of the peace for violations of the laws of the State on complaint made to him by any person of an offense committed within his jurisdiction, but when a criminal offense 18 under the State law is complained of, such complaint must be made under oath. Such process shall be Recorder's authorizcd and required to execute the same, but court. ^ ' in offenses against the laws of the State it may also be addressed to any lawful officer of the State, and in such case it must be executed by any such lawful officer. Upon such process the alleged offender shall be brought before said recorder, who shall issue subpoenas for such witnesses as the accused or the person making the complaint may wish sub- poenaed, or as justice may require, and he shall examine the witnesses who may appear for and against the accused and try such party and give judgment as may appear legal and just. If such a party be dissatisfied with the judgment so rendered, he, she or they may appeal to the city court of Mobile or to the inferior criminal court of Mobile county upon entering into bond in such reasonable sum as the recorder may deem just, with two good and sufficient sureties to be approved by said re- corder. Such bond shall be conditioned that de- fendant shall appear at the next term of the court to which the appeal is taken and from term to term until discharged by law, and in all cases of violation of the ordinances of said city must be made payable to the city of Mobile. The proceedings on the appeal shall be such as are prescribed by law in other cases of appeal. In appeals taken from the judgment of said recorder for violations of ordinances of the city of Mobile, if the defendant is convicted in the court to which the appeal is taken, and he does not pres- ently pay the sum assessed by the jury as damage or penalty and the cost of the appeal, the judge of the court to which the appeal was taken shall sen- tence; the defendant or appellant to hard labor for the city of Mobile, not to exceed three months, and shall, by an order entered upon the minutes of the court, order the sheriffs to take the appellant into custody, and, without committing him to the county jail, deliver him to the proper authority of the city 19 of Mobile to perform such sentence of the court. In offenses against the laws of the State within the jurisdiction conferred upon him by section 17 of this act, the recorder may fine and commit to prison and also commit to prison or sentence to hard labor for the county of Mobile in the same manner that the inferior criminal court of JMobile county or the city court of JMobile are authorized by law to do; and for breaches of the ordinances of the city of Mobile he may fine and commit to prison and also commit to prison or sentence to hard labor for the city of Mobile for the non-payment of fines and costs as hereinafter more particularly provided. forfefturel Sec. 19. Be it further enacted, That -jII fines aiiJ forfeitures adjudged against any person or persons by said recorder in the exercise of the jurisdiction conferred on him may be enforced and collected by execution against such person or persons and be levied on his or their eft'ects and property. Such execution shall be issued by such recorder and di- rected to any police officer of the city of Mobile and by him executed. Except as to the address of such execution and the person charged with their en- forcement, they shall in all respects conform to and be governed by and be executed according to the laws regulating executions issued by justices of the peace in this State. Whenever the recorder may impose any fine or penalty under the provisions of this act, or under any ordinance authorized by it, he may also enter judgment and sentence that, if said fine or penalty be not paid promptly, the party on whom the same is imposed shall be imprisoned at the expense of the city or put to hard labor for use of the city of Mobile as may be prescribed by the ordinances of such city for such time as the re- corder may deem just and right, but within the limitation provided by this act or under its author- ity. If such fine or penalty be not paid promptly, he shall, by his warrant, commit such party, accord- mg to the judgment and sentence, to such jail or Powers ( council. 20 guardhouse as may be provided by said general council, or the custody of such persons as may be charged by said general council with the custody of persons condemned by the recorder to hard labor. The recorder shall not set aside or reduce any fine or other imprisonment imposed by him upon the conviction of any person without spreading all his reasons therefor, signed by him, upon the docket or other record of his court, and he shall make a written report thereof, accompanied by a certified copy of such statement of his reasons to the general council within two days thereafter. Sec. 20. Be it further enacted, That the general council shall have power to rent or purchase all such real estate or personal property as may be necessary and to employ such clerical force as may be neces- sary for the proper discharge of their duties, as may be determined by a recorded vote of two-thirds of the general council, and they shall have and exercise full police powers within the limits of the city of Mobile. It shall be their duty at all times of the day and night, within such limits, to preserve the public peace. And its mayor or acting mayor or the general council itself is authorized to call out the military companies in the said city of Mobile to aid in so doing whenever he or the general council may deem the same necessary. It shall also be their duty to prevent crime and arrest offenders, to pro- tect the rights of persons or property, to guard the public health, to preserve order, to establish and keep open and in proper repair all sewers necessary to the convenience and health of the citizens, and, if necessary, it may extend such sewers beyond the city limits. To cause to be removed all nuisances that may exist, or things likely to become such, from the streets, roads, sidewalks, alleys or other places in the aforesaid limits, to see that the streets, thor- oughfares and other public places are lighted at night, to provide a proper police force at all fires for the protection of persons and property, and also at 21 steamboat and other landings and at railway sta- tions or depots for the protection of travelers and others, and to make and enforce regulations for the proper police of said city of Mobile and its govern- ment. Sec. 21. Be it further enacted, That its duties powers, may be efficiently performed', said general council shall have full power and authority to make and adopt and declare by-laws or ordinances not in con- flict with the laws of this State or the United States, and, the better to effectuate this, the chairman elect- ed to preside over the meetings of the said general council shall have authority to appoint from the members of the general council committees upon all legislative questions and other matters as he may deem necessary, said committees to report the result of their consideration to the general council, and the said by-laws or ordinances adopted by the general council as above provided for shall have force and effect in said city of Mobile for and concerning the several matters mentioned in this section, and there- in to provide and declare such fines, penalties and forfeitures, imprisonment and hard labor within the limitations and restrictions hereinafter provided as they may deem appropriate, and any person or per- sons violating or disobeying such by-laws or ordi- nances may be punished therefor as provided in such by-laws or ordinances upon conviction thereof before said recorder, who shall have jurisdiction and cognizance of such matters, that is to say, said general council may make, ordain and declare such by-laws and ordinances for and concerning the pre- vention and removal of nuisance and the preverv tion and extinction of contagious and infectious diseases, and in giving effect to these powers they are to act in co-operation with the board of health and delegate to said board such executive authority as the general council and said board of health may mutually agree upon concerning the lighting of the streets, avenues and public places, the licensing and regulation of retail liquor dealers and of hackney coaches, carriages, wagons, hacks and drays, the regulation of pawnbrokers, the restraint or prohi- bition of gambling, the regulation of theatrical and other entertainments and amusements, the estab- lishment, regulation and management of markets, the construction, repair and regulation of sewers, pipes and appurtenances thereto, or thereunder. They may also make ordinances concerning rights- of-way and regulations of street cars, street railways and other railroads and their stations, the storing and handling of gunpowder, dynamite, oil and other inflammable and hazardous substances, the regula- tion of weights and measures, and may establish and regulate magazines within or without the city and may own and regulate property inside or out- side of its limits for magazines, pest houses, quaran- tine and other purposes. They may also make such ordinances concerning the establishment and regu- lation of fire wards, fire companies and fire depart- ments, the establishment and regulation of fire lim- its, the sinking and repairing of wells, erection and repairing of pumps, the removal or pulling down of houses, fences and other structures, to prevent the spread of fire and to extinguish the same, the regu- lation of partition and other fences and of partition and other walls, the prevention of disorderly assem- blies and houses, and establishment and discontinu- ance and regulation of city cemeteries, whether within or without the city limits, the regulation of the burial of the dead therein, and the prohibition of such burial within the city limits or within two miles thereof except in such cemeteries ; and the general council may also pass such by-laws and ordinances as may require vagrancy, idleness, dis- orderly or dangerous and suspicious persons, all per- sons of evil life or ill fame, and such as have no means of support, or are likely to become charge- able to the city of Mobile, or to Mobile county, as paupers, all persons found drunk in or about the 23 streets or loitering in or about tippling houses, or who can show no reasonable cause for not having an occupation or employment or business, or who^"'^^'"^" have no fixed place of residence, or who can not give a good account of themselves, all such as may be grossly indecent in language or behavior pub- liclv in the streets, and all prostitutes or such as lead a notoriously lewd or licentious course of life, to leave the city or pay a fine not exceeding fifty dollars, and said general council may provide, upon their failure or refusal to pay such fine or leave the city, for their condemnation to labor under the di- rection of the said general council for a limited time, not to exceed three calendar months, unless such bond and security shall be given sooner ; pro- vided, that no fines or penalties imposed by such ordinances or by-laws shall exceed fifty dollars for any offense, and provided, further, that any person failing to pay any fine or penalty imposed on him under and by authority of this act may be sentenced to hard labor for such reasonable time, not exceed- ing three calendar months, for any one offense, as may be by the recorder deemed equivalent in pun- ishment to such fines and penalties and the cost of the case, considering also the cost of keeping and maintaining such persons ; any person fined on wdiom a penalty is imposed, however, shall have a right to give a stay bond, wdth sureties to be approved by said recorder, to pay such fine or penalty, with costs, within thirty days from the rendition of the judgment and sentence imposing the same, but if, after such bond and security, such fine or penalty and costs be not paid within said thirty days, or if any appeal bond be not properly paid after the judgment against the appellant, then execution for the collection of the same may be issued against the obligators in the bond, and no property shall be exempt from sale under such execution. Sec. 22. Be it further enacted. That no claim suits, against against the city of Mobile, whether arising ex con- 24 tractu or ex delicto, shall be sued on until a state- ment thereof giving date of actual name and resi- dence of original claimant and of assignee, if any, circumstances and amount claimed shall have been filed with the city clerk for the consideration of the general council and either rerjected by them or held by them for sixty days without action. fn^^r'eeu^^ Scc. 23. Be it further enacted, That the city au- thorities shall not grant any right-of-way over or right to use any street or public way or part thereof, except to the person or corporation offering the highest percentage of gross annual receipts to be derived from the business so using the right-of-way or street or public place during the term thereof, after deducting from such receipts only the taxes paid by reason of such use ; provided, that when, in the judgement of said general council, a percentage compensation is not practicable, there shall be en- acted and collected by the city an annual lump sum for such privilege. No such privilege shall be granted until publication of application therefor has been made in some newspaper, and proposals of per- centage or annual lump sum, as the case may be, shall have been filed in writing with the city clerk and opened by the clerk in presence of the mayor and chairman of the general council. In order to ascertain the amount of compensation due the city by such person or corporation under the provisions of this section, a sworn statement shall be made by such person or some proper representative of such corporation annually, on the first day of April, showing the gross income derived from such fran- chise, giving in detail the sources thereof and the deduction claimed for taxes actually assessed and collected, and the city clerk or the person desig- nated by him shall have free access to all the books, papers and documents of such person or corporation. All privileges, rights or franchises hereinafter grant- ed and used otherwise than in accordance with the terms of this section shall be null and void. Sec. 24. Be it further enacted, That the general council shall have the power to establish and declare by ordinance a designated line along the river front, within the corporate limits of the city of Mobile, beyond which wharves or other constructions shall wharves, not be erected or extended after the passage of said ordinance, unless the legislature has created or shall create an harbor or dock commission, clothed with the power of regulating wharf and boom lines in that portion of Mobile river, in which case the power of the general council in the premises shall be sus- pended as long as said commission is clothed with such power ; provided, however, that such ordinance shall not affect any wharves or construction then al- ready established. It shall also have power to de- termine and declare by ordinance to what extent and in what manner wharves or other construction along said river front shall be built or erected, and when and with what kind of material the same may be filled in. They shall also have the power to pass ordinances to enforce obedience to all lawful orders of the harbormaster and wardens of the port of Mo- bile, or to those of said wardens or those of any number of the persons named who are authorized to act and give such orders, and it may provide in such ordinances any punishment for breaches of said ordinances as may be prescribed by said gen- eral council for violation of the ordinances author- ized by it. The recorder shall have jurisdiction to hear and determine all charges or complaints made of violation of such ordinances and to punish the same as provided in such ordinances, and to enforce such punishment, just as he is authorized to hear and decide charges for the violation of other ordi- nances of said city of Alobile and to punish for vio- lation of the same. Said general council may abate any nuisance on or along said river front. Sec. 25. Be it further enacted. That the duties of Police force, said mayor and general council shall be more especi- ally executed, except as other provided, by a police 26 force, which shall be under the direction and con- trol of the mayor, and it shall be composed of such number of officers and men as said general council may deem necessary for the proper execution of the powers vested in said city. In case of emergen- cies or threatened riots, special policemen may be appointed, but not for a longer period than three days at a time. Sec. 26. Be it further enacted, That said general council, from time to time, shall fix the salaries and pay of such police officers and men (which pay and that of other city officers shall not be subject to garnishment), and shall promptly, at the end of each month, apply and pay so much of the funds pre- scribed by the act as may be necessary to pay such officers and men, and shall issue warrants for the same ; said general council is also authorized to adopt, from time to time, rules and regulations for the proper government and discipline of subordinate officers and employees, and the duties of the pohce force shall be executed in accordance therewith. Sec. 27. Be it further enacted, That each member of the general council and every officer in the service of the general council shall take and subscribe an oath or affirmation to support the constitution of the United States and the constitution of the State of Alabama, and to faithfully and honestly dis- charge the duties of his office. This oath or affirma- tion may be administered by any officer authorized by law to administer an oath, and it shall be taken before such members of the general council, or other officer, shall enter upon the duties of his office, and it shall be filed with the said clerk. Taxes. Scc. 28. Be it further enacted. That, in order to defray the expenses of carrying out the provisions of this act, said general council is authorized and empowered to levy and collect for each year upon all real and personal property and all subjects of State taxation within said city of Mobile, except the tax levied on polls, a tax not exceeding six-tenths Oath of office. 27 of one per cent, of the value of such property or subjects of taxation as assessed for State taxation during the year preceding that for which said gen- eral council may assess and lay the tax above pro- vided for. Sec. 29. Be it further enacted, That the taxable Tax assessor, property of each tax payer, and the subjects of taxa- tion on which he is taxable, and the amount of value of each item or items thereof, as valued by the as- sessor of Mobile county for the preceding year (mentioned in section 28), shall be asecertained and fixed by the aforesaid tax assessor's book of such year, made by him under the requirements of the general revenue laws of the State, and any supple- mental assessments that may have been made for each year and corrected, all as provided by such general revenue laws. Sec. 30. Be it further enacted, That said general Assessor's council shall cause a copy of so much of said tax^*^^®- assessor's book as embraces the assessed property and subjects of taxation in the city of Mobile cor- rected as aforesaid for such preceding year to be made and entered in a bound book properly pre- pared for that purpose ; but, when the property or subjects of taxation have changed owners since said assessments on it were made by said tax assessors, said copy shall be" corrected as to show its true owner at the commencement of the year for which the tax provided for in this act is to be laid, and so as to show against whom the tax on each is laid. If the property or subject of taxation has since such assessment been destroyed or greatly damaged by fire or other cause, this also shall be noted, with the estimated amount of damage, which shall be de- ducted from the assessment. Sec. 31. Be it further enacted. That, as soon as ^^^tyofcierk. the book provided for in the preceding section is made and corrected, it shall be filed with the clerk of the said general council, where it shall remain for twenty days open to pubhc inspection, and no- 28 tice of that fact shall be immediately given by said clerk by the publication of a notice to that effect for ten consecutive days in some newspaper pub- lished in said city of Mobile. Any person charged in said book as the owner of any property or sub- ject of taxation which he was not the owner of on the first day of January of the year for which the tax therein provided for is to be laid, shall, within said twenty days, file with said clerk his affidavit to that effect, and, if he knows who the owner is, he shall state that fact, or that he does not know. Any tax payer may also file objections to the cor- Objections. rcctucss of said book as a copy of the aforesaid books of the tax assessor of Mobile county, designating wherein such copy does him injustice. Upon notice by the clerk of said board that such objections have been filed, said general council shall meet and hear and decide all such objections, and correct said book accordingly, and their decisions in such ob- jections and as to all corrections to be made shall be final. The general council may also, of their own motion, correct any errors of ownership as aforesaid, but in no event shall it change such val- uation except in case of deterioration, provided for in the preceding section. The general council shall continue their sessions from day to day until all objections so filed are disposed of . Tax levy. Scc. 32. Be it further enacted. That, as soon as practicable after the lapse of said twenty days, said general council shall lay and levy for the current year the tax authorized by section 28 of this act on all the property and subjects of taxation so listed and undervalued in the book mentioned in sections 30 and 31 of this act corrected as aforesaid. Tax Lien. gec. 33. Be it further enacted. That the taxes levied under this act shall have the force and effect of a judgment at law against the person assessed therewith, and for said taxes the said city of Mobile and the general council shall have a preference over all encumbrances and securities whatsoever (except 29 county and State taxes), and all taxes assessed against the property or subjects of taxation of any person or persons under this act, or for which such person may become liable for the current year, shall be a lien upon the real and personal estate of such persons within said city of Mobile from the first day of January of that year, or, if brought into the city after that time, that lien shall attach from the day it is brought in. Sec. 34. Be it further enacted. That, after the Duty of mayor said taxes shall be so fixed and levied, the tnayor shall certify the same at the end of said tax book and append thereto his warrant, directed to the tax collector of said city of Mobile, authorizing and commanding him to collect the taxes so levied, and shall deliver said tax book and warrant to said tax collector, and the said tax collector shall thereupon rj.^^ collector, forthwith notify the public by advertisement for thirty days in some newspaper published in the cit}; of Mobile that he is ready to receive payment of the taxes so levied. Sec. 35. Be it further enacted, That, after thirty pg^j^nd. days have elapsed for the publication of such notice, the said tax collector or his deputy shall make a personal demand upon delinquent tax payers where- ever they may be found for the amount of their taxes and costs, and whenever unable to find them shall leave a written or printed notice at the place of residence of such tax payers, requirng them to come forward and pay such taxes and costs imme- diately, and for giving such notice the tax collector shall collect fifty cents; and it shall be the duty of such delinquents forthwith to make payment in. full of their taxes and fees to the tax collector at his offtce, but no demand or notice shall be necessary to tax payers who are non-residents of said city. Sec. 36. Be it further enacted. That the tax col- Account of lector of said tax shall be charged with and be ac-"* ^ °^' countable for the whole amount of the assesed taxes for the year, and he shall only discharge himself 30 from such accountability by showing that the amounts unpaid could not have been collected by the exercise of the means given him. He shall issue garnishment process for collection of taxes and li- cense as on judgment returnable to any court hav- ing jurisdiction of the amount. Delinquents. Scc. 37. Be it further enacted, that all taxes levied under this act which are not paid at the end of ninety days from the date of the first publication of the notice required by section 30 of this act shall be in arrears and delinquent from that date; upon all taxes paid in advance of such date, an abatement shall be allowed of one per cent, per month on the amount of such tax for each and every month so paid in advance, and upon all taxes which shall be delinquent and unpaid on the aforesaid date a pen- alty of one per cent, on the amount thereof shall be added on the first day of each month subsequent to such date of all such taxes as may then remain de- linquent and unpaid, to be collected as said taxes are authorized to be collected. Levy. Sec. 38. Be it further enacted. That, after the expiration of ninety days from the first publication of the tax collector's notice aforesaid, the tax col- lector may levy upon and seize any personal prop- erty, if there be any, and if there be none, or not sufficient personal property, then upon the real es- tate of such delinquent tax payer ; provided, how- ever, that a failure to levy on and sell any personal property for taxes shall not vitiate the sale of real estate of any delinquent tax payer and the cost of such sale, and no personal property so sold for taxes shall be subject to redemption. But, when real estate is levied on, notice of the sale shall be given ten days before the day of sale in some newspaper published in the city of Mobile, and a copy of such newspaper containing the notice shall be filed in the tax collector's office. The land may be described by such numbers and abbreviations as will clearly indi- cate the property to be sold. The sale shall be at 31 the court house of Mobile county, and commence on the day indicated in the notice, and the sales may be continued from day to day until completed. Sec. 39. Be it further enacted, That all sales by Tax sales, the tax collector of property for taxes, he shall at- tend and bid off, in the name of and for the city of Mobile, as purchaser, all the lots and lands on which the tax collector can not get a bid from other persons to the amount of taxes and expense of sale, and the said city of Mobile shall have a certificate of pur- chase, and to be vested with all the titles to the property so bought in, subject to the right of le- demption hereinafter provided. When any real property shall be sold by the tax collector for the non-payment of taxes, he shall give the purchaser at such sale a certificate to the following effect : I, , tax collector of the city of Mobile, do hereby certify that the city taxes for the year 19 — (or particular tax assessment, as the case may be), amounting in all to $ , being due and unpaid by (A. B.) the owner or agent thereof, I have this day sold for the payment of taxes due by the said (A. B.) and for the collection of costs and of levy and sale to (C. D.), who has paid the amount of taxes due as above, the following piece, parcel or lot of land, lying in the city of Mobile, and bounded and described as follows: (Insert description of land so as to clearly designate it). By virtue of the power vested in me by law, I do hereby authorize the said (C. D.) to have and to hold the above de- scribed lands and tenements until the same shall be redeemed according to the provisions of this act. In witness whereof I have hereunto set my hand and affixed the seal of this corporation, this day of , 19 — . (A. B.) tax collector. Any real property sold under the provisions of this act may be redeemed by the owners of any person interested J^^^^J,,*^" therein, within two years after said sale, by paying to the city of Mobile the amount of purchase money, all subsequent taxes and costs that may have been 32 paid by the purchaser, and interest at the rate of fifteen per cent, per annum, and thereupon shall re- ceive a certificate of redemption therefor. It shall be the duty, of said tax collector to keep in his office a book provided for that purpose, and conveniently Certificate. indexed, a record of all certificates of purchase is- sued by the tax collector, and when any real estate shall be redeemed as hereinbefore provided, it shall be the duty of said tax collector to note such re- demption on such records, and when the purchaser or his assignee shall demand the money paid on such redemption, shall pay the same to such pur- chaser or assignee upon the surrender of the certifi- cate of purchase, and upon his failure to do so, the said tax collector and his bondsmen shall be respon- sible to the person entitled to such redemption money. Said tax collector shall give to the person redeeming any real property a certificate of redemp- tion, signed by him, setting forth the facts of the sale, substantially as contained in certificate of sale, the date of redemption, the amount paid, and by whom redeemed, and such certificate shall be prima facie evidence of the facts therein stated. The said tax collector shall make such report of redemption of property as the said corporate authorities may require. After the expiration of the term of two years from the date of sale of any real property for taxes, under the provisions of this act, the said tax collector then in office shall, upon the application of holders of certificates of pijrchase, make out a deed for such lot or parcel of real property sold and remaining unredeemed, and deliver the same to the purchaser or his endorsee, upon the return of the certificate of purchase, the payment of all subse- quent taxes on such property, and the payment of one dollar for the deed, but any number of parcels of real property for which one person may hold cer- tificates of purchase may be included in one deed, as may be desired by the purchaser. Such deed shall be signed by the said tax collector in his official 33 capacity, and acknowledg'ed by him before some officer autliorized to take acknowledgment of deeds, and, when sul)stantially thns executed, shall vest in Deed, the grantee all the right, title, interest and estate of the former owner or owaiers in and to the lands conveyed, free from all encumbrances by such for- mer owner or owners made or suffered (except State and county taxes). And each of such deeds shall be prima facie evidence in all the courts of this State, and all controversies and suits in relation to the right of the grantee therein, his heirs or assigns, to the lands thereby conveyed, of the facts recited in the deed, of the regularity of the proceedings in the assessment and sale of said property required by this act, and the title and right of entry to the grantee, his heirs or assigns. Sec. 40. Be it further enacted. That, should said collection of Taxes. general council require further or other means of collecting the taxes authorized by this act, it may, by an ordinance, substitute for any of the fore- going provisions the provisions contained in the State tax law then in force, or any part of such pro- visions for the collection of such taxes by the tax collector of the city of Mobile so far as the same may be applicable, and shall have the same right to sell property and make title to property sold for taxes as provided for collecting State and county taxes, and said general council, in adopting such provisions, shall, by the ordinances adopting the same, declare which of such provisions it adopts, and in such ordinance it may change the provisions so far as to substitue its tax collector for that of the State or cormty tax collector, and so as to adopt the provisions relating to State and county taxes, to the collection of the taxes authorized b}^ this act. Sec. 41. Be' it further enacted, That the tax col- insolvents, lector of the city of Mobile shall have the power to collect the taxes levied under this act from insolvent or defaulting tax payers by process of garnishment, in the same manner and bv the same proceedings as Property sold 34 is or may be provided by law for the collection of State and county taxes, and the same duty is im- posed on him, and the same powers and means are given to him, for the collection of State and county taxes ; and the fees and costs shall be allowed out of the funds garnisheed as are allowed by said laws in the cases therein provided for. Said taxes, when due, shall be ascertained and collected and paid over to the city by the sheriff of Mobile county when- ever he sells property under execution or other legal process in the same manner as is or may be required of him in reference to the collection of State and county taxes in similar cases. Sec. 42. Be it further enacted. That whenever any property in said city has been sold for State and county taxes (either or both) and bought in for the State or county, the city may pay such taxes and fees or make such arrangeiuent with the State as is possible to carry the property in the city's name on the city's credit with the State, and upon such purchase the city shall be invested with all the liens which the State and county had before the sale of said property. After such purchase by the city the said property may be sold for the payment of all city taxes and for the re-payment to the city of any assessements and interests due thereon for the re- payment to said city of the amount, with interest thereon, paid to the State or county or assumed by the city for the lien on said property by said city and for the expenses of the sale, in the same manner and through the same machinery now provided for the sale of property for failure to pay city taxes or assessments. Whenever any property thus sold is sought to be redeemed, the owner shall pay the amount of taxes and assessments of State, county and city for which said property was sold, and also cost of said sale, and of said redemption, and pay such other amounts as are required in the redemp- tion of property sold for taxes by the said city. But no redemption of property sold for taxes under this 35 section shall (except in cases in which the city has been the purchaser, and then only with the consent of the aldermen) be allowed after three years from date of such sale. Sec. 43. Be it further enacted, That the said Licenses, general council shall, besides the tax heretofore au- thorized, have authority to assess and collect from all persons or corporations trading or carrying on any business, trade or profession by an agent or otherwise within the limits of said coporation, a license tax, which shall be fixed and declared each year by ordinance of said corporation, and the li- cense so paid shall be issued and the amount im- posed shall be collected as may be provided by ordi- nances of said corporation ; provided, that not more than one license under this act shall be assessed against or collected from partners trading or busi- ness done under a firm name ; provided, further, that no license shall be exacted from any mechanic who employs no capital, but conducts his trade solely by his own skill and attention, without the aid of employes. A vehicle license may be imposed in addition to business license, provided that said li- cense shall only apply to vehicles used in the trans- portation of goods or merchandise and vehicles used for hire at the public stands. Said general council may also, by ordinace, impose such fines and pen- alties within the limitations named in this act as they may deem advisable for the doing of any busi- ness or the carrying on of any trade or the prac- ticing of any profession by any parties who shall fail to take out such license that may be imposed by said general council under the authority conferred by this act; in addition to the license tax imposed on livery stables, there shall be an additional license tax not exceeding one dollar for every carriage and fifty cents for every buggy owned and used for hire by such livery stable ; except also that all variety houses and other places where songs and music or dancing or exhibited, and wines or vinous, malt or 36 Bill in Chancery. Tax Collectors duties. spirituous liquors are sold there may be a license tax to an amount not less than one hundred and fifty dollars nor more than one thousand dollars, except also that for every circus, with or without a me- nagerie, there may be a license tax imposed per day not to exceed one hundred dollars. But no license of any kind shall be granted except to respectable people and for lawful business, and the mayor shall, upon satisfactory proof, revoke all license found to be otherwise, and also where the business is con- ducted in a disorderly manner or disorder is per- mitted in or about the premises licensed. Sec. 44. Be it further enacted. That in any case in which taxes for the use of said municipal cor- poration or of any one or more of its municipal pre- decessors has been assessed upon property which has ben bid in by the State at a tax sale, or should have been assessed thereon but for such sale, and such tax title still remains in the State, it shall be lawful for the mayor of the city of Mobile or for the general council thereof, by resolution, to instruct the city attorney to file a bill in equity against such property for the collection of such taxes. Upon being so instructed, said attorney shall file a bill in equity in the chancery court of Mobile county, or in any other court in said county having general equity jurisdiction. Such bill shall be filed in the names of the State of Alabama, the city of Mobile as com- plainant, but at the risk of the city of Mobile as to all costs and expenses, and the State shall incur no liability for any part thereof. The tax collector hereinafter mentioned as a tax collector for the old city debt, acting under the act for the adjustment and settlement of the then existing indebtedness of the late corporation known as the mayor, aldermen and common council of the city of Mobile, approved December 8, 1880, and the person to whom such property was assessed at the time of the tax sale, or his personal representatives, heirs, devisees and leg- atees thereof, if dead, and also any other person 37 known to have any interest therein, shall l^e made parties defendant to such bill. It shall describe such property with sufficient certainty for conveyance thereof, corecting any errors or uncertainties in the description by which it was sold. It shall allege the sale of such property and its purchase by the State, and the date thereof that the tax title so acquired still remains in the State, and the several years for which taxes thereon have not been fully paid to the State, county of Mobile and the city, respectively, and that taxes thereon, all justly due to said tax collector of the old city debt, but it need not allege the amount of any such taxes, and it shall be suf- ficient for it to pray generally for such relief as may seem meet to the court. Sec. 45. Be it further enacted, That the proceed- infants, etc. ings in such suit as to notices to parties, the repre- sentation of infants and persons of unsound mind, and in all respects not otherwise herein provided, shall be governed by the laws and rules of practice regulating proceedings in chancery courts, and the parties thereto shall have the same rights of appeal as in other equity suits. Sec. 46. Be it further enacted, That it shall not Answers by 1 1-1 I- • 1 1 1 • collector. be necessary for the tax collector of said old city debt to file any answer or other pleading in any such cause, and no decree pro confesso shall be taken against him for want of answer or pleading, but the cause shall stand at issue as to him at the end of thirty days after service of summons upon him to answer the bill if he shall not answer or plead there- to. He shall attend at any reference held to ascer- tain the amount of taxes due upon the lands the subject of the bill, and a certified statement of the amount of taxes, interest, cost, fees and penalties, due to him as such tax collector thereon, shall be prima facie evidence of the correctness thereof. No compensation shall be allowed any solicitor repre- senting such tax collector in said cause. Tax title in State. 38 Sec. 47. Be it further enacted, That, upon the hearing of said cause, if it shall be found that the lands are liable for the payment of any amount to the State for redemption or taxes, or to the city of Mobile, or to the tax collector of the old city debt, for taxes, the tax title vested in the State shall be held valid unless defense to the bill be made upon the ground of invalidity thereof, and if such defense be made, it shall be held valid if found to be so by the court upon the evidence. If so held, the court shall ascertain what amount is necessary for the re- demption of said land from the State, including all county and other taxes, fees, costs, interest and penalties which the State is entitled to demand upon redemption under the laws governing such redemp- tions. If such sale be invalid then the court shall ascertain the amount of taxes, fees, costs, interest and penalties upon such lands due the State and the county of Mobile, respectively, at the time of such sale, and which should have been assessed and col- lected as escaped taxes or otherwise, for each year since such sale, including all special taxes assessed or which should have been assessed thereon, and which should have been collected by the county tax collector ; and also the amount of all taxes, fees, costs, interest and penalites which had been assessed and not collected on such lands for the benefit of said city of Mobile, or any one of the municipal corporations which were its predecessors at the time of such sale, or which should have since been as- sessed or collected thereon but for such sale ; and also the amount on all taxes, fees, costs, interest and penalties which had been assessed or had accrued on such lands at the time of such sale, under the above mentioned act, approved December 8th, 1880, or which should have been assessed or collected thereon but for such sale. The court shall ascertain and fix the taxable value of such lands for each year for which no assessment was made thereon for State taxation, not less than twenty days before any refer- 39 State. notice by mail to the State auditor and the tax col- lector of the old city debt, of the valuations so fixed, within five days thereafter. The certificate of the State auditor of the amount which should be paid the State for redemption of such lands or for the satisfaction of all taxes thereon due to the State and to the county of Mobile, and for all special taxes which should have been collected by the county tax collector, and of all fees, costs, interest and penalties thereon, shall be prima facie evidence of the correct- ness of such amount. The certificate of the city tax collector of the amount due the city of Mobile for all taxes assessed or which should have been assessed on such lands, and of all fees, costs, interest and penalties thereon shall in like manner be prima facie evidence of the correctness thereof. The tax rate for each beneficiary for each year shall be the general rate levied for such year for such bene- ficiary. Sec. 48. Be it further enacted, That, in so ascer- ueiinquont. taining- the amount due for unpaid taxes for each year, such taxes shall be treated as delinquent upon the day upon which unpaid taxes of that character became generally delinquent, and all fees, costs, in- terest and penalties imposed by law upon such de- linquent tax payers shall be assessed and adjudged by the court against said lands in such suit. Sec. 49. Be it further enacted. That, in case any Order bj- court, recovery is had in such suits against the lands the subject hereof, and the same, with all costs of suit, is not satisfied within thirty days thereafter, the court shall order such lands, or so much thereof as may be necessary, to be sold for the satisfaction thereof; such sale shall be made and confirmed or set aside in all respects as is provided by law generally for the sale of lands under the decree of the court of chan- cery to satisfy debts. Sec. 50. Be it further enacted, That the proceeds Application of ^ proceeds. of such sale shall be applied first to the payment of 40 such amount as may be due the State upon the re- demption of such land, or as may be due the State, the county of Mobile, and the beneficiaries of all special taxes hereinbefore mentioned, with all fees, costs, interest and penalties thereon, all of which shall be paid to the State auditor to be by him paid over to the beneficiaries respectively entitled to the same; next, to the payment of all costs of the suit; next, to the payment of such amount as may be recovered by the city of Mobile in such suit, with all fees, costs, interest and penalties adjudged to it; next, to the payment of the tax collector of the old city debt of such amount as the court shall in such suit decree to be paid him for taxes, fees, costs, in- terest and penalties.; and the surplus, if any, to the owner of such lands. Sec. 51. Be it further enacted. That the sale made in such suit shall divest the State of all title in the lands the subject of such suit wdiich was vested in it by such tax sale and purchased by it. Sec. 52. Be it further enacted. That the lands sold in any such equity suit shall be subject to re- demption as is provided by law for the redemption of lands sold by the chancery court for the satis- faction of debts. Action in Rem. Scc. 53. Be it furthcr enacted. That the pro- ceedings in equity against any realty under the pro- visions of this act shall be an action in rem., and it shall not be necessary, in order to make a valid title upon the sale had under such proceedings, that the real owner of such realty shall be made a party to such suit. Sec. 54. Be it further enacted. That in any suit in equity under this act the court may, at its dis- cretion, cause the title to the realty therein pro- ceeded against to be investigated by such persons as it may designate, and report thereon to be made to the court. The expense of such investigation shall be taxed as a part of the costs of the suit. If such investigation should disclose that any person not a Effect of sale. Redemption. Investigation of title. 41 party to such suit should be made a party thereto, the court shall cause him to be made a party de- fendant thereto and to be brought into court by proper process. Sec. 55. Be it further enacted. That the intent intent, of the foregoing provisions for. a suit in equity is to compel the payment of all just taxes on lands which have escaped the same by purchase by the State at tax sales and the payment of all such fees, costs, interest and penalties as would have accrued against the same had it been duly assessed, and the taxes so assessed had not been paid, and the powers hereinbefore conferred on the chancery court, or other court of general equity jurisdiction, shall be liberally construed and exercised to that end. But, before any suit shall be brought under the provisions Notice to of this act in cases in which the owner of the realty °'™^'" °' ^"'*- is known and he is a resident of the county of Mo- bile, the city tax collector shall give such owner twenty days' written notice that such suit will be brought unless such realty is forthwith redeemed from the State and all taxes thereon for which it is justly liable to the city of Mobile, and under the above mentioned act, approved December 8th, 1880, whether escaped or otherwise, with all fees, costs, mterest and penalties, justly chargeable thereon, are paid to the city of Mobile and the tax collector of the old city debt, respectively. If such redemption and payments are made within such twenty days, then such suit shall not be instituted. And provided, Redemption further, that when in any such suit any party inter- ^" payment, ested in such lands shall pay into court any lump sum, upon condition that the same shall be accepted as in full of all claims of any one of the parties en- titled to recovery against such lands in such suit and the court shall consider it to the best interest! of such beneficiary and not unjust to other tax payers to accept such payment as in full of such claim, it shall be lawful for the court to make a decree or or- der so accepting the same and discharging such 42 Assent of mayor and governor. Disposition of moneys. Warrant stub book. Care of the sick. lands from all further liability on account thereof; but in any such case the court shall require the party making such offer to pay into court all the costs of the suit, or such proportionate part thereof as the court may deem just, before making such decree or order of acceptance. And provided, further, that no such decree or order of acceptance as to any recov- ery which the State or city of Mobile is entitled to have in such suit shall be made until the written assent thereto of the governor and the mayor, re- spectively, shall be filed in such cause. Sec. 56. Be it further enacted. That all money collected for taxes, licenses, fines, penalties and for- feiture under this act shall be paid as collected to the credit of the said general council into such bank or banks as may be designated by them as deposi- tories, and shall be drawn out only in such sums and at such times as the same shall be actually re- quired, and only for the expenditures authorized by law, and only upon warrants signed by the mayor, countersigned by the city clerk, and issued in pay- ment of claims that have been audited and ordered to payment by said general council. All said war- rants shall be issued from a bound book containing a stub or margin corresponding to each one, which .^h'all contain a receipt for said warrant by the party to whom issued, and shall be kept by the city clerk, subject at all times to the inspection of said general council. The warrant and corresponding stub or margin shall show by an entry, made at the time a Avarrant is issued, the date and amount of the war- rant, for what purpose, on what account, by what authority and to whom the warrant was issued. Any person issuing any warrant for or on account of or in the name of said general council without com- plying with the provisions of this act shall be guilty of a misdemeanor. Sec. 57. Be it further enacted, That said general council may approprite not exceeding eight thous- and dollars per annum of the money realized under 43 the provisions of this act to provide proper places and treatment of the sick only who reside within said city of Mobile ; provided, said city of Mobile may make with the county of Mobile such joint ar- rangements for the care of its sick as they may agree on, but so that the above amount shall not be exceeded by the city of Mobile. Sec. 58. Be it further enacted. That said general P°"ncii meet- ' _ ° ing, etc. council shall hold their meetings publicly at least once in every month ; they shall keep a strict account and record of its proceedings, and once in each three months it shall publish in one of the newspapers published in said city of Mobile an itemized account of its expenditures for the three months preceding such date, showing all receipts and the sources of the same, and all disbursements and the object and purpose of each disbursement, and the said general council shall record, in a well-bound book, properly indexed all ordinancess and all resolutions having the force of law, which book shall be open to the inspection of the public under the supervision of the clerk. Sec. 59. Be it further enacted, That neither the mayor nor any one of the general council provided ^^'^^''^"°**° for by this act shall, directly or indirectly, by him-^""'"*''^'^^® self or through others, make or enter into with the authorities of the city of Mobile any contract for work or services of man or beast or for material or supplies, and any such contract so made or entered into shall be void. Nor shall mayor or general councilman or any officer or person charged with the collection of taxes, license or dues for such city of Mobile, by himself or through any other person, deal or traffic in any manner whatsoever in any warrant, claim or liability against said city of Mo- bile, unless it be to dispose of any warrants that may have been issued directly to any such mayor or member of the general council or any other person, and any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon interested «ntrac1 with city. 44 conviction, shall be fined not less than fifty nor more than one thousand dollars. And if the person so violating the foregoing provisions be mayor or mem- ber of the general council, he shall thereby forfeit and vacate his office. Tax limit. Sec. 60. Be it further enacted, That the said general council under this act shall not levy any other or further tax than the six-tenths of one per cent, of the value of the property within the cor- porate limits of the city of Mobile, which is author- ized by the twenty-eighth section, and the license taxes authorized by section 43 of this act ; nor shall said general council by any tax for any other pur- pose than those specially stated in this act, and any tax or license charged other than those authorized by said sections 28 and 43 which said general coun- cil may levy or attempt to levy shall be null and void and not be collectable, and any tax payer may enjoin by a bill in chancery and restrain without bond the tax collector of the city of Mobile from collecting any tax which said general council may impose or attempt to impose beyond the aforesaid tax and license charges. The provisions of this act shall not be applied nor be enlarged nor extended so as to be made applicable to or for any other pur- pose than stated in this act. ment"by clerk: Scc. 61. Be it further enacted. That the clerk of the city, at the close of each fiscal year, shall make a full tabular statement of the assets and resources of the city, with an itemized estimate of the probable and necessary expenses for the ensuing year, which shall be published. This report shall be made un- der the direction of the general council and shall be the basis for the appropriations for the ensuing year. Unauthorized Scc. 62. Be it further enacted. That all contracts contracts entered into by said general council contrary to this act for the purpose of raising money or other- wise engaging the credit of the city shall be null and void as to said city. But the mayor, if he ap- 45 . prove, and all members of the general council pres- ent and voting who fail to record their votes against such measure or contract shall be jointly and sever- ally liable thereon, as upon their own contracts, which may be enforced against such mayor and members of the general council in any court in the State having jurisdiction thereof. Sec. 63. Be it further enacted. That it shall he J^,i^ll\l''J^'" unlawful for any horse or any animal of the horse ®^^';'^> "^"^ ** kind, any cow or other horned cattle, any hog, sheep or goat to run at large or unattended within the following described limits of said city : Commencing on the south bank of One Alile creek where it in- tersects the west bank of Mobile river, thence west- wardly along the south boundary line of One Mile creek to the west side of St. Joseph street, thence southwardly along the west side of St. Joseph street to Congress street, thence westwardly along the north side of Congress street to Franklin street, thence along the east side of Franklin street to St. Louis street, thence along the north side of St. Louis street to Hamilton street, thence along the west side of Hamilton street to the north side of St. Francis street, thence along the north side of St. Francis street to the west side of Broad street, thence along the w^est side of Broad street to the north side of Spring Hill road, thence westwardly along the north side of Spring Hill road to the west side of Ann street, thence southwardly along the west side of Ann street to the south side of Government street, thence eastwardly along the south side of Govern- ment street to the west side of Roper street, thence southwardly along the west side of Roper street to the south side of Selma street, thence eastwardly along the south side of Selma street to the east side of Franklin street, thence along the east side of Franklin street to the south side of Monroe street, thence along the south side of Monroe street to the west side of Royal street, thence along the west side of Royal street southwardly to the south side of 46 Elmira street, thence along the south side of said Ehnira street to the Mobile river, thence up the west bank of said river to the place of beginning; pro- viding, that said general council may extend the said limits from time to time at its discretion and may prohibit the driving of stock of any kind v^ithin any portion of the above described limits ; provided, further, that it shall be the duty of the said city to provide a suitable pound, and all animals found run- ning at large within said limits shall be impounded therein by the city police or other officers provided for such purpose by said city, and the owner of such animal, if he be known, shall be notified of the fact by the impounding officer, if the name of such owner is known or can be ascertained with reasonable dili- gence. Where the owner can not be found, if his name be known, a notice shall be sent him through the mail to his best ascertainable address. If the owner does not appear and pay the impounding fee and expenses of keeping within two days after the impounding of such animal, it shall be the duty of the chief of police, or impounding officer, if there be any, to advertise and sell any such animal, after first giving notice for three days by publication of the same, which shall describe the animal fully, giv- ing marks and brands, if any there be, and the place and date of capture, and the name of the owner, if known. All sales shall be had at the public pound and a record shall be kept of all impounded animals, giving description, name of reputed owner, date of sale, amount of fees and expenses, amount of pur- chase money and name of purchaser. All horses and like animals sold hereunder may be redeemed by the owner or assigns within thirty days after the sale by tendering or paying to the purchaser the amount of purchase money and twenty-five per cent, thereof and the cost of feeding the animal from date of purchase. All animals of the cow kind may be redeemed on like terms within ten days from the date of sale. When the purchase money amounts to 47 more than the fees and charges, the balance shall be paid to the owner, and, if he be not known, shall be deposited with the city clerk, and, if not called for within six months, shall be forfeited and be held as a special fund to defray the expenses in main- taining the said public pound. There shall be charged for impounding a horse or the like, a fee of f™!"""*^'"*^ five dollars ; for each cow or the like, a fee of three dollars; for each other animal, a fee of one dollar, which shall be paid into the said special fund ; for feeding a horse, seventy-five cents per day ; for feed- ing a cow, fifty cents per day, and for feeding each other animal, twenty-five cents per day, which shall paid to the impounding officer, or any other officer acting in such capacity, who shall feed such animal at his own expense. The cost of advertising shall Compensation. be charged to the owner, and, when collected, shall be paid into the special fund. If a special impound- ing officer is appointed, he shall, in addition to the perquisite of feeding the animals, receive the pay of a sergeant of police, and all assistants shall re- ceive the pay of a policeman, and they may be clothed with all the other powers of police officers, and may be required to do general police duty with- in the above described limits. Sec. 64. Be it further enacted, That the general siaugrh er ^ houses. council shall have authority to establish, control and regulate the slaughter houses and pens, whether situated in the said city or within seven miles of t'le limits thereof. To regluate the sale of fresh meat in said city, and anywhere in the county of IMolj'ih; within seven miles of the limits of said city, whether butchered in the territory above defined or not ; and to condemn all such meats which have not been butchered, or be not in the condition required by ordinances adopted by the mayor and general coun- cil. It shall also have authority to inspect, control and regulate all dairies within the limits of the city. Dairies, or within seven miles of such limits, from which milk is sold or offered for sale in the citv, and ail 48 Free public library. Board of public works milk sold or offered for sale in the city, and to make and enforce all such ordinances as will prevent the use of unhealthy or ill-conditioned cows for tl'e sup- ply of any such milk, and as will ensure that none other than pure milk of proper richness is sold or offered for sale in the city. Sec. 65. Be it further enacted. That wh':never the revenues of the city of Mobile shall so far ex- ceed its necessary public expenditu: es as to enable it to do so, without going in debt therefor, th ^ gen- eral council shall have authority to estab^ sh and maintain a free public library and free public read- mg room, with such sub-stations or branches as it may deem necessary or expedient, and to maki all needful rules and regulations for the managemeiu and conduct of the same, and for such purpose shall have power to hold property, w-al and 0( rsonal, in trust, and to acquire property, real and personal, by gift, purchase, devise or bequest, and to con- tribute to the support and maintenance of any free public library and free public readmg room, which may be established by any priviate corporation or association in said city, and wlrch shall be made wholly subject to the control and regulation of the general council. Sec. 66. Be it further enacted. That there shall be a board known as the "Board of Public Works." which shall consist of the mayor of the city of ]\Io- bile and two other members to be appointed b}- the mayor, subject to confirmation by the general coun- cil, from among qualified voters of said city in the first instance immediately after the approval of this act, and it shall be vmlaw^ful for the mayor to Jis- close, before he sends in such appoitments to the general council, for its confirmation, whom he will appoint to such positions, and it shall be unlawful for any member of the general council to promise or make it known before the meeting of said general council at which said appointments are acted upon, whether or not he will vote against or for the con- 49 public works son violating' the provisions of this section as re- gards said discloseures shall be guilty of a misde- meanor. No person shall be eligible to membership on said board who holds a federal or State ofifiice, nor shall any officer of the city of Mobile other than the mayor, or any employee thereof, or membei of the general council during the term for which he shall have ben elected to said council, or within six months after the expiration of his term therein, be eligible to membership in said board. Nor shall said board elect to office, or employ or contract with ony one who is related to any member of the general council of the city of Mobile or of said board of pub- lic works within the sixth degree of consanguinity of affinity under the civil law. The term of one of said appointed members shall expire with that of the general council, whose term expires in 1906; and the terms of the other appointee shall expire with that of the general council whose term expires in 1909. The successor of said first appointee shall be elected by the qualified voters of the city of Mobile at the election for members of the general council in 1906, and every six years thereafter ; and the suc- cessor of said second appointee shall be elected by the qualified voters of the city of Mobile at the elec- tion of the members of the general council in 1909 and every six years thereafter. The members of said board shall hold office until their successors have qualified. At the first meeting of said board, or as soon thereafter as practicable, after the appointment and confirmation of the members thereof, it shall in formal session decide 1)y lot which shall hold for the original short term, and which one for the original long term, and shall make formal record of the result and certify the same to the mayor and general council : said decision shall fix the respective terms of said members. Said board may, in the name of the citv of ^Mobile, buv, sell and contract 50 Officers of the board. as hereinafter prescribed, and may use the corporate seal of the city of Mobile. , Sec. 67. Be it further enacted. That each member of said board, including the mayor, shall receive a salary of five hundred dollars per annum for his services on said board, payable quarterly out of the city treasury m the same manner as the salary of the mayor is paid. Such five hundred dollars to the mayor shall be in addition to his salary of eighteen hundred dollars herein above provided for. Sec. 68. Be it further enacted. That, before enter- ing upon the discharge of their duties, the members of said board shall severally take and subscribe the following oath before some officer authorized to ad- minister oaths: "I do solemnly swear that I will support the constitution of the United States and the constitution of the State of Alal^ama, and that I will faithfully, zealously and impartiallv discharge the duties of this ofiice without fear or favor, and for the public Avelfare, so help me God." Sec. 69. Be it further enacted. That, in case of the death, remo\-al, resignation or non-residence in the city of Mobile of any member of said board, the board shall elect a suitable person to fill the vacancy thus caused. Sec. 70. Be it further enacted, That the officers of said board shall consist of a president and a sec- retary, provided that the city clerk of Mobile shall be said secretary, without extra compensation, ex- cept that the said board may, if it deems it neces- sary, appoint an assistant to said secretary at a sal- ar_y not to exceed fifty dollars per month, both of whom shall be elected l)y the board. The president shall be elected from among the members of the board, and, except as to the first election, which shall be at the original organization of said board and for the partial term until the next regular elec- tion, at which members of the general council are elected, shall be elected at the first regular meeting of said board after each regular election at which 51 members of the general council are elected. The term of the president, except in the first instance, shall be three years. The secretary shall not be a member of the board; provided, that the mayor shall not.be president of said board. Any vacancy in any office may be filled by the board by election at any time, except the office of said secretary. Said board shall have authority to require of said secretary, and any and all officers and employees of said board, to give bond in a surety company for the faithful dis- charge of the duties imposed upon them by law or by the board, in such sum as the board may from time to time prescribe, and such bonds shall be sub- ject to the approval of the board. Sec. 71. Be it further enacted. That the board Rules, shall have full power and authority, by formal reso- lution, to make and promulgate all necessary or ap- propriate rules, regulations, stipulations and pro- visions for the carrying out of the work entrusted to said board, and for the government of the officers and employees elected or employed by or acting under the authority of said board, and for the regu- lation of the use of the property entrusted to the care of said board. Sec. 72. Be it further enacted. That said board Power of Board, shall have exclusive power, supervision and control repairing, cleaning, filling, paving, curbing, bridg- ing, draining, protection, maintenance, extension, ^ improvement, beautifying and care of streets, roads, avenues, parkways and alleys, including both side- walks and roadways, drainage canals, drains, cul- verts and ditches, and the prohibition and removal of obstructions and unsightly objects from such streets and other ways ; the condemnation by the methods provided by the general laws of Alabama, or purchase of real property within or without the corporate limits of the city of Mobile, or any right, interest or easement therein, for the purpose of pro- viding streets or improving or extending the drain- age or street system of the city of Alobile. No power 62 Authority of board. Machinery, tools, etc. Expenditures. granted to said board shall be construed as abridg- ing the power of the mayor and general council to police the streets, alleys and public places, and to enforce law and order. Sec. 11. Be it further enacted. That said board shall have full authority in carrying out its duties and powers to call on the city attorney, the city engineer, the city clerk, the committee clerk, and the other officers and employees of the city of Mobile for suitable advice, assistance and service as they may be able to render, and also for a limited time, and, upon obtaining authority from the mayor and general council, to employ additional attorneys or legal advisers ; and also to employ, discharge and suspend such engineers, agents, superintendents, in- spectors, clerks, mechanics, laborers and other em- ployees as in their judgment may be or become nec- essary ; and to fix their terms of employment, sal- aries and compensation. Sec. 74. Be it further enacted. That said board shall have full power and authority to purchase or order any and all machinery, tools, appliances, fix- tures, materials or other things necessary or ex- pedient in executing the duties and powers of said board. , Sec. 75. Be it further enacted, That, in the case of salaries, in the case of street cleaning, and in cases of emergency which makes such a course im- practicable, no expenditure of more than one hun- dred dollars shall be made except upon contract let to the lowest responsible bidder, and where the amount exceeds one hundred dollars and does not exceed five hundred dollars, bids of two or more responsible bidders may be taken, either privately or by public advertisement. Where the amount ex- ceeds five hundred dollars, bids must be taken by publication in such newspapers or other periodicals in the United States or elsewhere as said board may direct. Said board may also, at its option, give out any or all of the cleaning work above mentioned 53 by contracts in the same manner. Said board shall always have the right to reject any and all bids. jBut said board shall not incur any obligation of debt unless funds are on hand with which to pay the same. And said board shall have no power to pledge the credit of the city except as herein provided. Sec. 76. Be it further enaced, That all funds Funds for use . of board. appropriated to the use of said board by the general council and any funds appropriated and set apart or donated to the use of said board from any other source shall be kept separate and apart from the other funds of the city of Mobile. Such funds shall be drawn out only in such sums and at such times as the same shall be actually required, and only for the expenditures authorized by law, and only upon warrants signed by the president of the board of public works, and countersigned by the city clerk and issued in payment of claims that have been au- dited and ordered to payment by said board. All ^"^"*^- said warrants shall be issued from a bound book containing a stub or margin corresponding to each one, which shall contain a receipt for said warrant by the party to whom it is sissued, and shall be kept by the city clerk, subject at all times to the inspec- tion of said general council and the board of public works. A warrant and corresponding stub or mar- gin shall show by an entry at the time the warrant is issued, the date and amount of the warrant, for what purpose, what account, and by what authority and to whom the warrant was issued. Any person issuing any warrant for account of, or in the name of said board of public works, without complying with the provisions of this act, shall be guilty of a misdemeanor. Sec. 77. Be it further enacted, That said board Meetingrs of 1 11 1 Board. shall have regular meetmgs at least once in each month in some office in the municipal building \w the city of Mobile appropriated to them by the gen- eral council, and called meetings may be held at any time on the call of the president or a majority of 64 said Ijoard. Said board shall have authority to en- force the attendance of its members in the same manner as in the case of the general council. Two members shall constitute a quorum of said Ijoard, l)ut one member may adjourn from time to time and take proper steps to enforce the attendance of absent members. All meetings of the board shall be public, and careful record of its proceedings shall be kept. At the call of any member the vote on the pending questions shall be taken by ayes and noes, and entered on the minutes. The record of the pro- ceedings of said board shall be open to public in- spection at all reasonable times, and a copy from said records certified by the secretary of said l^oard shall be competent evidence in all courts, ftat^entby Scc. 78. Be it further enacted, That said board board. shall submit to the general council, at its annual meeting in March of each year, an itemized budget, showing the estimated receipts and expenditures of said board for the ensuing fiscal year, giving in de- tail the sources of revenue and estimates of salaries and expenses proposed by said board, together with the estimated costs of proposed repairs, extensions and improvements, separately stated, and if such l)udget shows a deficit the general council may ap- propriate from the general revenue of the city a sum sufficient to cover said deficit, or any part thereof, and said sum thus appropriated shall not be diverted from said board, or used by the mayor and general council, but shall remain a separate fund in the hands of the city clerk, to be drawn out only in the order of said board; provided, however, that any portion of said sum remaining unexpended at the end of the year shall not be paid to said board, but shall be returned to the general fund of the city of Alobile. Annual report. Scc. 79. Be it further enacted. That said board shall make an annual report to the mayor and gen- eral council at its annual meeting in March of each year, showing, by detailed and itemized statements, 55 the rcccii)ts and expenditures for the year; physical conchtion of the property under the care of said lioard, and any other matters of ]ml)hc interest con- nected Avith the work of said l)oard. Said board shall also make a (juarterly report of receipts and Quarterly expenditures to the mayor and general council jn"^''""'*- such detail as the welfare of the city may recpiire. Sec. 80. Be it further enacted, That any mem1)er Removals f.,, liji i' 1 f'"'" office. oi said board, except the ma}-or, may be removed from office for incomi)etency, neglect of duty or official misconduct, by impeachment, on the petition of two or more tax pa3'ers of the city of J\Iol)ile, under proceedings to be had in the circuit or city court of Mobile county, in the same manner as is provided by the code of Alabama for the impeach- ment of ma}'ors and intendants of incorporated cities and towns in this State ; provided, however, that such proceedings shall be had before the judge of said court and without a jurv. Sec. 81. r>c it further enacted. That no member No interest in of said l)()ard and no member of the general council shall, directl}' or indirectly, have any personal inter- est or share in any way in the income or profits re- sulting from any contract wdth said beard, or for the sale of any materials to or performance of any service or labor for said board, or for materials fur- nished or services rendered to any person carry- ing out a contract with said board, nor shall any member of said l)oard of public works, except the mayor, hold any other pul)lic office. Sec. 82. Ce it further enacted, I'hat the mavor Bonds. and general council of the city of Mo1)ile be and are herel)y authorized and empowered to issue bonds for the purpose of paving the streets, alleys and pub- lic places of the city of Mobile under the conditions hereinafter expressed and provided. Sec. 83. Be it further enacted. That, whenever pavin" or the board of public works shall deemit wise to pave alleys'^ '*" or otherwise improve any street or alley or public highway or portion thereof, or the streets, alleys 56 and public highways lying within certain boundaries Tu-Ietfand "^ ^hc city of Mobilc, said board shall decide the alleys. material with which, in its judgment, such paving or improvement should be done, and shall make an estimate of the cost thereof, and shall forthwith make report to the general council of their decision as to such paving or improvement and the material and estimated cost thereof. The general council shall act upon such report within thirty days after receiving the same, or may order that such paving or improvement shall not be done at all without fur- ther authority, or may disapprove the proposed ex- penditure therefor if deemed by it excessive, and may fix an amount wdiich shall not be exceeded by the board in doing the same. If such expenditure be so limited, it shall be the duty of the board to make further estimates for such paving or improve- ing, unless it shall deem that the same can not be judiciously done within such limit, and shall submit a further report to the general council, wdiich shall be acted on as above provided, and this course shall be pursued until a project of the board for such paving or improving is approved by the general council, or until a limit of expenditure shall be fixed by it so low that in the judgment of the board it is not judicious to do such paving or improving within it. In that case the board shall enter its decision or judgment upon its record, and shall not be re- quired to proceed further as to such paving or im- proving. But it may at an}^ time not less than thirty days after the entry of such judgment take up again the matter of such paving or improving and submit a further report or reports thereon to the general council, upon which the same proceedings shall be had as are herein provided. Whenevc" the general council shall approve any project of the board for paving or improving, it shall enter such approval upon its minutes and give notice thereof to the board, which shall, by formal resolution, order that such paving or improving be done and paid for as 57 hereinafter provided. Said mayor and general coun- cil shall thereupon provide by ordinance for the is- suance of bonds of the character hereinafter de- scribed in an amount sufficient to pay the cost of such paving or improving. The proceeds from the sale of such bonds shall be kept separate and apart from the general funds of the city, and subject to the order of said board, to be used only for said paving or improving, and any surplus for the re- demption of the bonds issued therefor. Thereupon said board shall proceed at once to have said paving or improving done; provided, however, that said board, before proceeding to pave any other of the streets and alleys in said city, shall first pave all the streets and alleys in that portion bounded on the east side by the Mobile river, on the south by the south line of Church street, on the west by the west line of Jackson street, and on the north by the north line of St. Louis street, except that it shall also con- tinue paving of Commerce, Water and Royal streets northward from said boundary line to Beauregard street ; and provided also that, in order that there shall be no delay of the work of paving other streets and alleys, they may proceed with such other paving while completing the paving in the boundary afore- said, and on the streets herein mentioned, and may also proceed to the paving of Dauphin and Govern- ment streets to the city limits while completing the paving within the boundary and on the streets men- tioned. Sec. 84. Be it further enacted. That said bonds Bonds, shall be issued in the form of negotiable paper, pay- able to bearer, and shall have attached thereto cou- pons for the interest thereon ; and, by the ordinance providing for the issue of said bonds, full provision shall be made for their character and stipulations. Said bonds shall be in such denominations as the mayor and general council may direct, not less than fifty dollars nor more than one thousand dollars each, Said bonds shall pay interest at not exceeding 68 Estimate of cost of pavin Preliminary estimates. six per cent, per annum, payable semi-annually, at such place or places as may be specified therein. Said bonds shall be issued under the corporate seal of said city and be signed by the mayor and city clerk, and shall be disposed of at not less than their par value. Said bonds shall be payable on or before fifteen years from their date, and shall be so issued that any one or more of them may be redeemed from time to time out of any surplus that may remain from the sale of said bonds after the paving or im- proving for which they were issued has been paid for, and out of the funds received from property owners in payment for their portions of said paving or improving. And it shall be the duty of the city to redeem at least one-fifteenth of each and every issue of said bonds, with all interest due, each year till they are extinguished. Sec. 85. Be it further enacted, That, when said paving or improving shall have been done, said board shall ascertain and make formal record of the following facts, and any other facts that will aid in determining in what proportion said paving or im- proving shall be paid for by the city, the street, elec- tric or other railroads, and the abutting property owners: (a) The total cost of said paving or im- proving, and the average cost thereof per square yard, (b) As to each separate cost of abutting prop- erty, the name of the owner (or if the name of the owner is unknown that fact shall be stated), the street number (or if none such exists, such other reasonable description as will serve to identify the property) and the number of front feet abutting on the paving or improving, (c) What portion of said paving or improving should be paid for by street, electric or other railroads for paving between their tracks and for eighteen inches on each side thereof. Sec. 86. Be it further enacted. That thereupon said board shall make a preliminary estimate of: (a) The portion of the cost of said paving and im- proving due by each of the various streets, electric 59 or other railroads operating on the streets, alleys or other public places paved or improved, (b) The portion that should be assessed against and paid by- each abutting property or property owner; the amount assessed aginst such property or property owner to be measured by and in no case exceed the special benefits accruing to said property or prop- erty owner by reason of said paving or improving, and in no case to exceed four dollars per front foot, measured on all the streets, alleys or public places on which the property has a front which has been paved or improved ; provided, that a more expensive pavement may be used with the written consent of the abutting property owner, and provided, further, that the city of Mobile shall pay for all crossings and intersections, and, in addition thereto, for not less than one-fourth of the total cost of the paving of such streets as have no street railroads or other railroads which are required by law to pave, and not less than one-fourth of the residue of the cost of paving such strets upon which street or other rail- roads are required by law to pave, and (c) the por- tion that should be paid by the city of IVIobile. Sec. 87. Be it further enacted. That, after said ,. • ^- , 1 1 1 •. 1 11 Notice to prop- prelimmary estimate has been prepared, it shall re- erty owners, main on file for public inspection, and said board shall give at least ten days' notice by one publica- tion in a newspaper published in the city of Mobile and by mailing a notice to each abutting property owner whose name and address are known, of the making of said preliminary estimate, and that it is open to public inspection, and appointing a time when and a place where all parties in interest may be heard in opposition to said preliminary estimate or any part thereof. Said notice shall be sufficient if it states generally the streets, alleys and public places or portions thereof on which said paving or improving has been done as a whole, and it shall not be necessary to state the names of the owners or 60 Hearing of objections. Payment for paving-. Other details connected with said prehminary esti- mate. Sec. 88. Be it further enacted, That, at the time and place appointed for said hearing, said board shall judicially hear all written objections to said preliminary estimate or any portion thereof, and shall hear all proper evidence for or against the same. Said board shall carefully and judicially con- sider all written objections and all evidence offered, and either confirm or alter the portions of the pre- liminary estimate objected to. All portions of said preliminary estimate not objected to before the time appointed for hearing said objections shall be final and binding, and all portions objected to and passed upon shall, as passed upon, be final and binding un- less appealed from as hereinafter provided for. All final and binding assessements shall have all the force and effect of judgments at law against the re- spective owners of the abutting property, subordi- nate only to the lien for taxes, and shall be enforce- able in the same manner provided for the collection of city taxes, and also by suit at law or in equity. And each annual installment, as it falls due, may be thus enforced by separate suit. Sec. 89. Be it further enacted, That any party in interest may appeal from any decision of said board to the circuit court of Mobile county within ten days r.fter said decision, upon giving security for the costs of said appeal, to be approved by said board, by filing with the clerk of said board a notice of appeal, a copy of which shall be served by said clerk on the mayor; and said clerk shall send to the circuit court an exact copy, of the assessments appealed from within ten days after the filing of the notice of appeal ; and the trial in the circuit court shall be de novo, and from the judgment therein rendered an appeal shall lie as in other cases. Sec. 90. Be it further enacted, That, whenever the cost of paving or improving has been assessed as above provided, the property owner may pay the 61 entire amount clue at once, and thereby discharge the hen against him, or he may pay not less than one-fifteenth thereof in cash and not less than one- fifteenth thereof each year thereafter until the whole is paid, and with each payment must also be paid interest at not exceeding six per cent, per annum on the amount then due from the date of the last payment. The first payment in each instance shall be due on the first day of the month next succeeding that in which said board finished hearing objections as above set out, and the subsequent payments on the same day in each succeeding year. All such payments shall be made to the city tax collector in the same manner as taxes are paid. All such moneys shall be applied to the redemption of the series of bonds appertaining to the paving or improving, for which said moneys are a part payment until all bonds of said series are redeemed. Thereafter said moneys shall be used for any other paving or improving said board may designate. Sec. 91. Be it further enacted. That, should there P^f,^««^f^*'tc. be a street, electric or other railroad upon any street or alley determined to be paved, the cost of paving between and under the rails of such tracks and eighteen inches on either side of such track or tracks, including switches and turnouts, shall be paid by the owner or owners of such road, and shall be assessed and collected from such owner or own- ers, and shall be a lien upon the property of such person or company, in the same manner as herein- before provided for as to other property owners. And should any street, electric or other railroad or railway be constructed upon any street which has been previously paved under this act, the owner or owners thereof shall, before beginning such con- struction, pay to the city clerk the cost of paving be- tween the rails of the tracks contemplated and eigh- teen inches on each side of such tracks, including switches and turn-outs. 62 When assess- ment invalid. Effect of this act. Legral suc- cessor. Sec. 92. Be it further enacted, That if, for any reason, any assessment or any part thereof should be invahd or incapable of enforcement, this shall not absolve the property owners and the property from the indebtedness due for said paving or im- proving, but said board shall proceed to make a new and valid assessment in accordance with the law and the facts, in whole or in part, as may be necessary. Sec. 93. Be it further enacted. That this act shall take effect and be in force on and after its approval, except that the present incumbents of the respec- tive offices in said city shall continue to perform the duties and receive the emoluments thereof until their successors have been elected and qualified un- der the provisions of this act. The general council shall not have authority to add to the salary or compensation of any official or employee whose sal- ary or compensation is fixed by this act. Sec. 94. Be it further enacted. That the munici- pal corporation hereby created shall be in all re- spects the legal successor of the late municipal cor- poration known as the city of Mobile. Sec. 95. Be it further enacted, That all laws and parts of laws in coflict with the provisions of this act be and the same are hereby repealed. Approved March 5, 1901. v-fm^^iMfW^^ _^^^6^:l,^^^ , REPORT OF COMMITTEE ON REVISION PROPOSED NEW CHARTER CITY OF MOUNT VERNON, N. Y. FINAL DRAFT MARCH t9J0 CO P f:: > • •=s tM -» •H • QJ .H a* p oj tc c t: p:^ > •» •» c: >. to o 0) » CvJ fG o H d o s oj •H -_4 -H ^ 02 U erf Q O ca -p o o > o t>> o -p to •H >> rH P. O v^ tM , ^ o u o 2 CO % +3 u id ^-^^ o ■ ^ <-^' CO ^^i- o o ^^ to >^ "\^ o ^ \7 Ph o >> o gS rH H > • •H u J-3 fl ^ cc: •H CO ?H a- 'H ^5 CO •H -P O £ bO (Q O s:: fH e •H IC >^ +3 CO «« rO :3 ^^ Jh (D -P t-* -p s::; ^* G> gS ?:J ,c: s o ^1 > o o 1^ REPORT OF THE SPECIAL COMMITTEE TO REVISE THE PROPOSED CHARTER. To the Honorable Mayor and Common Council of the City of Mount Vernon : Pursuant to the resolution of your honorable body, the undersigned committee beg to submit this report with our final revision of the draft of the charter for the city submitted to the people in 1909. Of the members of the committee appointed by Mayor Howe in November last, Alderman Ransom Caygill and Mr. A. J. McCarten asked to be relieved from the duty; Mayor Fiske requested Alderman Van Tassell to serve in the place of the for- mer, but he felt compelled to decline and the place remained vacant; Mr. Edward M. Davis accpted Mayor Fiske's appoint- ment in the place of Mr. McCarten. Judge Sidney A. Syme was able to attend only one meeting. A preliminary draft of our revision, representing the tenta- tive views of a majority of the committee, was completed in Jan- uary, printed and submitted to public hearings, four of which were held. All the important provisions in this preliminary draft were adopted only after thorough discussion, and those features of the 1909 draft which were omitted, were likewise carefully considered before conclusions were reached. A large number of suggestions were received at the public hearings, many of which were valuable and utilized by the com- mittee in determining questions, as will be observed when the final draft is compared iwth the preliminary one, a copy of which is submitted herewith. Certain general principles have been kept constantly in view in shaping the document : (a) The elimination of partisan politics from the adminis- tration of our municipal business. (b) The concentration of responsibilities and hence of powers. (c) The simplification of the ballot. (d) The largest practicable provision for home rule, and measures to enlist the interest of the people in their public affairs. (e) The retention of approved permanent provisions of the present charter, not inconsistent with the proposed system. With respect to the last-named feature, the chief considera- tion has been to avoid the need of an appeal to the legislature of the state whenever a modification of a charter provision is desired ; to that end the plan was proposed of having existing laws and ordinances that are likely to be subject to change as the city develops, enacted into an amendable code, by the commis- sioners, and only those which would probably not require changes, embodied in the charter. By subjecting amendments to this code in important particulars to a referendum, the requisite restraint upon the new city government would be provided for. It was found desirable, however, to re-enact a substantial part of the present charter. Thus, under the proposed system, it will no longer be necessary to ask permission of the legislature to increase the annual outlays for our library; or to increase the number of roundsmen to be employed on our police force; and as to similar matters, over which the people of the city should have absolute power of determination. The need for arousing interest in the city's affairs among the people has been met in the sections relating to the refer- endum, the initiative, the recall and the manner of nominating candidates for office. These constitute important additions to the 1909 draft. Coming now to certain details, referring to the final draft : A suggestion to include a heraldic description of the city's seal was considered, but not approved. The present charter provisions respecting claims against the city are continued, with an extension of the period within which claims must be presented, from thirty to sixty days ; the provision relating to claims for injuries, omitted from the 1909 draft, is to be re-enacted. (Section 5). In section 6, a proviso, making- the warrants issued in payment of claims negotiable, has been inserted. The publicity features (section 9) have been materially improved. Sections 10 to 12, relating to the required changes in offices have been amplified ; due consideration was given to the suggestion, that the provisions in former drafts extending terms of office, were probably unconstitutional. The plan to have five commissioners, one of whom to be known as the mayor, remains ; but all of the commissioners are given executive duties, instead of having two without such duties, as in the 1909 draft. The distribution of powers and duties has been altered somewhat from that in our preliminary draft; thus there is to be no commissioner of education, and the duti ment are assigned to the fifth commissioner. The school affairs are to be managed by five, instead of ten, trustees, to be chosen at large for five-year terms, one in each year ; the mayor is to be president of the school board, without a vote except in case of a tie ; the final determination of the school budget and the issue of bonds for school purposes, is to be in the board of commissioners, the latter subject, however, to the refer- endum at the demand of the school board. The committee has been nearly unanimous throughout, upon the point that the pres- ent dual system of taxing and issuing bonds is repugnant to the cardinal principle of government by commission, that responsi- bilities and powers be concentrated. The present system leads to clashing of interests which frec[uently proves detrimental to the schools. In other particulars, the school provisions of the present charter, including the right of women to vote upon school questions, are to be re-enacted without material change. It is believed that careful consideration will bear out the view held by the majority of the committee, that the proposed plan will prove beneficial to the school system. Provision for terms of office, and their adjustment to condi- tions as they will exist when the charter becomes operative, have been carefully prepared. The commissioners' terms are fixed at five years, but after the first election only one will be voted for annually. Thus, as far as the city affairs proper are concerned, we shall have a sim- plified ballot, regarded so desirable for the purpose of enabling electors to vote with greater opportunity for intelligent discrim- ination. All the elective officials are to be elected at large, ward lines being abolished. As provided in the 1909 draft, the city court judge and his deputy are to hold office for six years and the jurisdection of the court is enlarged, substantially to that of a county court. The judge is to be paid a salary of $6,000 per annum, but not per- mitted to practice. The deputy is prohibited from practicing in the city court. The anomalous condition of having one supervisor chosen in an "off year" has been done away with. The important question of the salaries of the commissioners has been determined, after very full discussion, in a manner believed to be acceptable to a large majority of the people; the committee concluded that $2,500 for the mayor, and $2,000 for each of the commissioners, would be ample, in view of the fact that these officials are not to be expected to give their entire time to the service of the city. We are justified in relying in a consid- erable degree upon the public spirit of our citizens qualified to fill these offices. Yet provision is made to increase these salaries, if the growth of the city's business justifies such a step, by a vote of the people, obviating appeals to the legislature. The several sections providing for deputy commissioners, have been eliminated, in accordance with suggestions received. The prompt deposit in the city treasury of all revenues and fees received by officers and employees, is provided for; and special attention has been given to the establishment of thorough accounting. Despite considerable opposition the proviso that the commis- sioners shall be freeholders, has been retained in section 20, an important amendment of the 1909 draft. IV Section 25 is, in the judgment of the committee, the most important in the charter; it is presented without material change from the original form. In it the general powers of the commijs- sioners classifiable as legislative, are broadly set forth. Except as limited in other sections, or by the state laws, these powers are large and clearly make for home rule. They are necessary to most efficiently promote the general welfare of the city and its inhabitants, which is the paramount object of the charter. Under section 26, a number of powers are specified, the greater part carried over from the present charter ; most of these might have been omitted, but a useful purpose is served by the course pursued. The suggestions that mandatory provisions should be separated, has been followed by placing them in section 27. After extended discusison of the subject, and due consider- ation of suggestions offered, the power to transfer unexpended balances of appropriations of public funds, within certain limita- tions, has been continued, substantially as provided in the amend- ment to the present charter, in chapter 561 of the laws of 1905. The authority to issue bonds is broad and general ; yet the right of the people to require a referendum thereon, operates as a wholesome restriction upon the commissioners. Long term bonds are to be issued only for permanent objects, and the cre- ation of sinking funds is made mandatory. In the distribution of executive powers the mayor, beside having general supervision of the city's business, has been charged with the preparation of the budget, the control and audit of receipts and expenditures, the city records, the elections, and the presidency of the school board. The powers and functions of the commissioners of public safety and public works remain sub- stantially as originally proposed ; the former has the supervision of the police, fire and health departments ; the latter is to direct the business relating to public improvements, the care of streets, public buildings, sewers, etc. ; the commissioner of finance has all the city funds in charge, receiving, collecting and disbursing all moneys ; the fifth commissioner looks after tax levies, assess- ments and the purchase of supplies. The plan in the 1909 draft of having an auditor to hold ofiice at the pleasure of the commissioners, was rejected as inad- equate to provide for effective, independent accounting control; hence the duties were imposed upon the mayor. As a further measure to enable the people to acquaint them- selves with the financial condition of the city, publication of fre- quent reports is required. Numerous sections are added to re-enact our laws relating to taxation, police, special assessments and schools, using the provisions of the present charter as a basis. Several laws are, however, not re-enacted, but are to remain undisturbed ; thus the delinquent tax law of 1908, the police-pension-fund law, the school-pension-fund law, the library act, the art commission act, the law relating to vacating assessments and the old village sewer act. The first named act was included in our preliminary draft, but it was finally held desirable to exclude the text from the charter. The provisions relating to the referendum, the initiative, the recall and nominations, are embodied in title XIII. In order that the rather costly application of the referendum may not be resorted to too frequently, a method suggested to us ■for a preliminary manifestation of popular opinion at public hear- ings, at the request of twenty-five electors, was adopted. This intermediate step will, in many instances, obviate the need for a referendum ; or by attracting public attention, render the obtain- ing of the required signatures therefor much less difficult, if public opinion is really in favor of the movement. The occasions when the referendum may be used are when a franchise is to be granted, when appropriations exceeding $25,000 are proposed, when a bond issue is regarded advisable, when it is proposed to increase the salaries of the commissioners. A special section defines the term franchise, as used in the charter. After much discussion it was determined to require only five per cent, of the electors to demand the referendum. The same number is made requisite to call for action of the commis- sioners, by means of the initiative, upon proposed ordinances desired by the people. The recall, without which, in the opinion of the majority of the committee, government by commission would be seriously defective, is not to be operative except upon demand of twenty- five percent, of the electors ; it should not be made so easy as to lead to frequent agitation on ill-founded prtexts or through polit- ical scheming. For this reason also, the proviso requiring that one-fifth of the required number be adherents of each dominant political party, is retained as in the preliminary draft. It is regarded necessary, in order to avoid giving an opportunity to any one opposing group, to needlessly harass an official. The present statutory power of removal by the governor, remains, (section 15). Respecting nominations for office, (school trustees excepted), the suggestion to provide for nominations by twenty- five electors, and a preliminary election to take place some time prior to the general election day, w^as rejected; but the number of signatures required to nominate has been materially reduced from that recommended in the preliminary draft. The final action of the committee fixed this at 500. School trustees are to be nominated, as well as elected, in the manner now provided for. Petitions for the purpose covered by title XIII may be proved by a subscribing witness, thus facilitating the work of obtaining signatures. The commissioners are to prepare and provide the required forms. Care has been taken to avoid, so far as practicable, the added expense of special elections ; but without unduly restricting the right of the people to have questions submitted to them. The machinery under which these functions are to be exer- cised by the electors, has been carefully drawn and subjected to much study. The general election law of the state naturally re- mains to govern, respecting details not specifically provided for in the charter.. There remain two important features which have caused much discussion, and upon which a material difference of opinion has become manifest. The first of these was a suggestion, made at one of the public hearings, that there be embodied in the charter a provision permitting the electors of each district of the city to vote upon the question of local option under the excise law. Upon this suggestion a majority of the committee stands opposed, solely because of the belief that such a provision would be of question- able constitutionality ; the purpose can be accomplished by special act, avoiding the constitutional objection ; and we recommend to those who desire this legislation that they prepare such an act for submission to the legislature. The second feature also came as a suggestion of amendment at one of the public hearings. It proposed that the charter, after it has become law, shall be resubmitted to the people, to be voted upon before its acceptance. With due deference to the sentiment prevailing at the pub- lic hearing referred to, which was the most largely attended of the four, a majority of the committee, after much deliberation, concluded not to embody the provision in its draft of the charter. The committee felt bound to regard the very substantial vote cast upon the question last November as a mandate ; investi- gation has demonstrated that the majority then given would have been materially larger but for a misunderstanding of the question as put before the people. In order that there may be no doubt as to the question voted upon, the language thereof is here reproduced : Shall the proposed eJiorter for the government of the city of Mount Vernon under what is knozvn as the commission system be submitted to the legislature zvith such amendments and modi- fications as the common council may adopt after a public hearing to be called for the consideration thereof, with the request of the inhabitants of Mount Vernon that it be passed ? This mandate is construed by the committee to have been a direction to your honorable body to amend the draft of char- ter of 1909 and present it to the legislature for enactment ; our own functions are merely advisory in the performance of the duty so imposed. In the regular course of procedure the bill would, after passing the legislature, and before approval by the governor, come back to your body for acceptance, after a public hearing. Thus, if the legislature should make material or objectionable changes in the draft, the city would still have the power of veto. There can hence be no danger that the people will be forced to accept an objectionable charter. VIII Furthermore, the proposed resubmission would have to be made either at a special election, or at the general election next November. If a special election were determined upon, the tax- payers would be saddled with a very considerable extra expense (estimated at not less than $5,000), at the behest of a relatively very small number of them. If the resubmission were to be delayed until November, the charter would be useless; since at the same election the people would have chosen officers under the present charter, the provisions of the new instrument, if adopted, would not become operative and a further revision would be necessary, meaning of course further legislation. In these circumstances the majority of the committee felt warranted in following the expressed views of the majority of the sixty odd per cent, of electors who voted on the question last November, rather than those of the not to exceed 125 citizens who attended the public hearing at which the suggestion was made; and they therefore omit all reference to resubmission in the final draft. Respectfully submitted, Maurice L. Muhleman, Chairman, J. George Hermes, Jarvis W. Mason, J. Albert Zimmermann, William B. Martin, George H. Taylor, Jr., W. A. Waterman, James Packman, . Edward M. Davis. Allen W. Reynolds, Secretary. March 12, 1910. Messrs. Wallace N. Vreeland, Frank A. Bennett and John P. Walther, dissent from the views of the majority on the subject of resubmission of the charter to a vote. IX PROPOSED CHARTER AS REVISED. An Act to Provide a New Charter for the City of Mount Vernon, The people of the State of Nei^' York represented in Senate and Assembly, do enact as follozus: TITLE I. Of the Boundaries and Officers of Said City and General Provisions. Section i. All that district of country which at the time of the incorporation of the city of Mount Vernon was in the town of East Chester, in the county of Westchester and state of Xew York, comprised within the following boundaries, namely: Commencing at a point in the center of Bronx River at the inter- section thereof with what was formerly the northerly boundary line of the incorporated village of South Mount Vernon; run- ning thence generally in an easterly direction along what was formerly the northerly boundary line of the said incorporated vil- lage of South Mount Vernon to Eleventh Avenue and Bronx Place therein; .thence southerly along the westerly side of Eleventh Avenue to Mundy Lane; thence southerly along the westerly side of jMundy Lane to the Kings Bridge Road; thence due south to a continuation of the northerly boundary line of the city of New York ; thence easterly along said continuation of the northerly boundary line of the city of New York to Hutchinson River or Creek; thence northerly along the center line of said Hutchinson River or Creek, as the same turns and winds, to a point as far north as the northernmost point in the town of Pel- ham, in said county of Westchester ; thence westerly along a line extending across the town of East Chester parallel with the said nuorthern boundary line of the city of New York to the center of the Bronx River: thence southerly along the center of the Bronx River, as the same turns and winds, to the • place or point of beginning; shall continue to be and shall be a city known as the "City of Mount Vernon" ; and the citizens of this state from time to time inhabitants within the aforesaid limits shall be a body corporate and politic of the name of the "City of Mount Vernon" and as such shall have all the rights, powers and privil- eges conferred by the general statutes of this state upon muni- cipal corporations, as well as those conferred by this act, which act shall be known as the "Charter of the City of Mount Vernon." Section 2. Said city shall have a common seal and may sue and be sued in its corporate name. Section 3. In this act the w^ord "law" refers to the consti- tution of this state and to the acts of the legislature. The word "ordinance" refers to the acts of the board of commissioners hereinafter provided for and to ordinances of the city in force when this act becomes operative. The term "regulation' 'refers to the acts of the several commissioners and to the rules and regulations of any depart- ment or head of department of the city in force when this act becomes operative. Section 4. No person shall be incompetent as judge, justice, witness or juror, in any action or proceeding in which the city is a party interested, by reason of his being an inhabitant or freeholder of the city. Section 5. No action or special proceeding on contract or in tort shall be prosecuted or maintained against the city, unless it shall affirmatively appear from the complaint or other moving paper and upon the trial or hearing, that at least sixty days have elapsed since the claim upon which the action or special proceed- ing is founded was presented to the board of commissioners for adjustment, and that such claim has not been paid. Within said pjeriod of sixty days from the time of presentation, said board may require the person or persons presenting such claim to be sworn before them and examined under oath orally as to any facts relating to said claim. No action or special proceeding shall be prosecuted or maintained against the city for the recov- ery of damages for a personal injury founded on tort, for which it is alleged the city is responsible, unless the notice of claim hereinbefore required is presented within three months after the injury is alleged to have been received ; which notice must be in writing and verified by oath of the claimant, and must describe the time, place, cause and extent of the injury, so far as then practicable. Should such injury result in death, claim may be filed at anly time within six months after the death of the party injured. Section 6. No costs, fees, disbursements, or allowances shall be recovered in any judgment against any officer or author- ized agent of the city where the city would be liable to respond to any such officer or agent, unless the claim, whether in contract or in tort, upon which judgment is founded, shall have been pre- sented for payment to the board of commissioners, as provided in the preceding section; except that when such officer or agent shall answer and litigate or defend such claim, action or pro- ceeding, such defendant shall be liable for costs in all respects as in cases where the claim is presented as aforesaid more than thirty days after action is commenced. No bond or undertaking shall be required on the part of the city in any action or proceed- ing wherein the city is a party. No execution shall be issued on any judgment recovered against the city or any officer for whose acts it is liable; but the board of commissioners, within sixty days, exclusive of the time during which an appeal may be pend- ing, after the final recovery of any such judgment, must cause a warrant to be issued for the amount thereof, payable with inter- est on the first day of March after the next annual tax levy, which warrant shall be negotiable, and said board shall include the amount necessary to pay such warrant with the interest thereon in the next annual tax levy, in addition to such other sums as are authorized bv law. debt, as well as for any remaining bonded debt of the village of Mount Vernon and of the town of East Chester, for which the city is liable at the date when this act becomes operative, and shall pay and discharge the annual interest accruing thereon and the principal, as the same shall fall due. Section 8. All ordinances and regulations now in force in the city, not inconsistent wuth this act, shall continue in force until repealed. Section 9. Until the city shall publish an official record, there shall be designated by the board of commissioners one or 3 more newspapers published within the city, to be known as the official newspapers; and all ordinances imposing a penalty, all ordinances of class mentioned in section 124, and all notices required by law or ordinance to be published, shall be published therein on a date to be fixed by the board. Ordinances imposing a penalty shall not take effect until the expiration of ten days after the date of publication : those of a class specified in section 124 shall not take effect until the expiration of thirty days after the date of publication. The board shall designate a day in each week when official notices shall be published, and may from time to time change such designation. When the city shall publish an official record such publication shall be made therein. Section 10. Except as hereinafter otherwise provided, all officers and employes of the city shall continue in office or employment at the same compensation which they now receive until otherwise ordered by the board of commissioners or the commissioner to whose department they may be assigned. Section ii. Upon the qualification of a majority of the commissioners hereinafter named the following officers of the city shall vacate their offices : The comptroller, the city treasurer, the justices of the peace, the receiver of taxes, the assessors, the aldermen, the president of the board of education and the school trustees elected in June, 19 10, the commissioner of public works, the corporation counsel, the city clerk, the police commis- sioner, the police surgeon, the fire commissioners, the commis- sioner of charity, the board of health, the health officer, the civil service commissioners, the constables, and the pound master. At the election to be held in November 1910, no successors to any of the above officers who may be elective officers shall be elected ; but when the majority of the commissioners herehiafter referred to shall have qualified and entered upon their terms of office, it shall be deemed that within the meaning of section 5 of the Pub- lic Officers' Law, the successors of these officers have been chosen and qualified. Section 12. The incumbents of the offices of comptroller, city treasurer, receiver of taxes and assessors, whose terms are curtailed by the provisions of the preceding secljion, shall be employed by the city until the expiration of the terms for which they were elected, at salaries not less than those to which they were entitled when so elected. After January ist, 191 1, they shall perform the duties which may be assigned to them by the board of commissioners or by the commissioner in whose depart- ment they may be employed. Such employment shall not con- fer any right under the Civil Service Law to be retained in the employ of the city after the date when the terms aforesaid expire. Section 13. The officers of the city shall be five commis- sioners, one of whom shall be designated the mayor ; five supervisors, who shall be members of the board of supervisors of the county of Westchester ; a city judge ; an acting city judge; a corporation counsel; five school trustees: a clerk of the city court ; and a marshal of the city court. Section 14. After this act takes effect, the mayor then in office shall exercise only the power conferred upon the mayor herein. At the annual election to be held in the year 1910, there shall be elected to take office January ist, 191 1, a commissioner of public works, whose term shall expire at midnight on Decem- ber 31, 1912; a commissioner of finance, whose term shall expire at midnight, December 31, 1913 ; a commissioner of public safety, whose term shall expire at midnight, December 31, 1914; a com- missioner of assessments, and supplies, whose term shall expire at midnight, December 31, 19 15. At the election preceding the expiration of the term of the present mayor h\s successor shall be elected to .serve for a period commenc- ing on the expiration of such term and continuing until the expiration of five years after the 31st of the following December. Thereafter the successor of the mayor, and of each of the said commissioners shall be elected to serve for five years, so that every year the mayor or one commissioner shall be elected to serve for five years. Except as hereinafter otherwise pro- vided, vacancies, arising otherwise than by expiration of term of service, shall be filled until the 31st day of December which shall be more than three months after the date of the occurring of such vacancies, by vote of the remaining members of the board of commissioners ; and at the annual election which shall occur immediately preceding the said 31st of December, there shall be elected a successor for the remainder of the unexpired term. At the election to be held in November, 191 1, there shall be elected from the city at large, five supervisors, to serve until December 31, 1913; thereafter their successors shall be elected from the city at large to serve for two years- The city judge and acting city judge in office when this act goes into effect, shall continue in office until the expiration of the term of the present city judge. At the election preceding the expiration of such term, there shall be elected from among coun- sellors at law, who are themselves electors within said city, to serve for a period commencing at the end of such term and con- tinuing until the expiration of six years after the 31st of the fol- lowing December, a city judge and an acting city judge; there- after their successors shall be elected to serve for terms of six *7ears. The city judge shall not, during his term of office, orac- tice in the courts of this state as an attorney and counsellor at law. Tte acting city judge may practice in any court in which he is qualified to practice, except the citv court. The city judge shall appoint to serve during his pleasure the clerk of the city court and the marshal of that court. The board of commissioners, as soon as organized, shall appoint a counsellor at law, to be corporation counsel to serve during the pleasure of the board. The election for school trustees shall be held on the first Tuesday in June and those entitled to vote for school officers by the laws of the state, shall be entitled to vote therat. At the school election in June, 191 2, five trustees shall be elected from the city at large to serve, one for five years, one for four years, one for for three years, one for two years, and one for one year ; thereafter their successors shall be elected to serve for a term of five years. Vacancies occurring in the office of school trustee shall be filled by the remaining trustees, as hereinafter provided ; vacan- cies in the office of supervisor shall be filled for their unexpired terms by the board of commissioners, whose votes shall be re- corded in the manner in which ordinances are hereinafter required to be recorded ; vacancies in the office of city judge or acting judge shall also be so filled, but only until the 31st day of December following the next general election day, which shall occur at least thirty days after the vacancy occurs; and a suc- cessor shall be elected by the people on said election day for the full term of six years. Section 15. The mayor or a commissioner may be re- moved by the governor for cause after a hearing. The city judge or acting city judge may be removed by the appellate division of the supreme court, sitting in the judicial department in which the city is situated, for any cause by the appellate division deemed sufficient after a hearing, which may be had before said appellate division or a referee appointed by it. The school trustees may be removed as hereinafter provided. x\ll other officers except as otherwise provided, may be removed for cause after a hearing, by a vote of the board of commissioners recorded in the manner in which ordinances are hereinfater required to be recorded. Section i6. The mayor shall receive a salary of two thou- sand five hundred dollars per annum; each commissioner two thousand dollars per annum ; the city judge six thousand dollars ])er annum : the acting city judge one thousand five hundred dol- lars per annum ; such salaries to be paid monthly. The school trustees -shall receive no compensation. All other officers and employees of the city shall receive such compensation as shall fro mtime to time be fixed by the board of commissioenrs. Section 17. No officer or employee of the city shall re- ceive to his own use any fees, emoluments or compensation other than his salary; but where, entitled by law, ordinance or regula- tion to charge a fee for his services, shall charge and collect the full amount to which he may be entitled and account monthly, and if so required by the mayor, daily, and shall pay over such fees to the commissioner of finance daily. Section 18. Every officer and employee of the city shall before entering upon his duties, file in the office of the mayor the constitutional oath of office. Section 19. The mayor and each commissioner shall file in the office of the mayor a bond in the sum of fifty thousand dol- lars, conditioned for the faithful performance of his duties as such officer. Other officers and employees of the city shall file bonds whenever required so to do by the board of commissioners. The reasonable cost of all of said bonds when approved by the board, shall be paid by the city. Section 20. No person shall be qualified to be an officer of the city, as designated in this act, unless he shall be a citizen of the United States, and a resident of the city, and shall have been such for three years prior to his election or appointment as such officer. No person shall be eligible to the office of mayor or commissioner, unless he shall also be a taxpayer and shall have been the bona fide owner of real estate situate in the city contin- uously since the date on which this act becomes law, or if more than one year has elapsed since that date, then for a period of at least one year immediately prior to his election. TITLE II. Of the Board of Commissioners. Section 21. The term "commissioners" wherever used in this act shall include the mayor. The mayor and the four com- missioners shall constitute the board of commissioners of which the mayor shall be the presiding officer. Section 22. The board shall possess all the ordinance- making power of the city and all of the executive power of the city not vested in any one of the commissioners by law or by ordinance. Section 23. The acts. of the board shall be called ordi- nances, shall be passed at a regular or duly called special meeting, shall always be in writing entered on the ordinance book, and signed with the autograph signatures of at least three of the commissioners ; and the signatures of four commissioners shall be necessary to confirm the budget or to pass any ordinance of the classes specified in section 124 of this act. The ordinance book shall be kept under the direction of the mayor, shall be open for the inspection of any citizen of the city on every day except Sundays and public holidays, from eight o'clock in the morning until five o'clock in the afternoon, and at least two even- ings during the week until nine o'clock. Section 24. The commissioners shall make rules not inconsistent with this act regulating the time when they shall assemble for the purpose of discussing and transacting business. They shall regularly assemble at least twice in each week, which meetings shall be after five o'clock in the evening, and shall be pul)lic. Section 25. The board shall have power to enact and en- force ordinances necessary or desirable to protect the lives, health and property of the inhabitants of the city, to prevent and sum- marily abate nuisances, antl to preserve and enforce good gov- ernment, order and security of the city and its inhabitants ; and to enact and enforce any and all ordinances upon any subject, provided that no ordinance shall be enacted inconsistent either with the laws of this state or with the provisions of this act ; and provided further, that the specification of the particular powers hereinafter conferred shall never be construed as a limitation of the general powers herein granted. It being intended by the act to grant to and bestow upon said board, as the representatives of the inhabitants of the city of Mount Vernon, full power to gov- ern said city; and it shall have and exercise all the powers of municipal government not prohibited by this act or by some gen- eral law or the constitution of this state. Section 26. For the purpose of specification and exten- sion of the powers conferred by the last section, and not for the purpose of in any way limiting the same, except as in this act expressly stated, power is hereby conferred upon the board to enact ordinances and to provide for the enforcement thereof by fine not to exceed one hundred dollars, or imprisonment in a county jail for not to exceed thirty days where proper, or to enforce the same in any other lawful way that the board may deem necessary, relating to the following subjects : (i) To purchase, hold and sell property, real and personal, for any public purpose deemed by the board necessary or advan- tageous to the interest of the city; and to maintain and care for all property of every kind or nature, belonging to the city. (2) To make such provision incidental to the form and manner of the making of annual assessments of all property within the city, not inconsistent with the Tax Law of the state. { 3 ) To provide that taxes shall be levied upon all taxable property, real and personal, within the city. (4) To determine what public improvements shall be assessed wholly or partly upon the lands benefited thereb}\ and in case the board determines that only part of the cost of such improvement is to be assessed upon the lands benefited, to deter- mine what part shall be so assessed ; to fix the area within which the property is to be subject to any such assessment, and to de- termine the rate thereof, which may, in the discretion of the board, be varied, according to its estimate of the amount of benefit to the property assessed. (5) To remit unpaid assessments and to compromise and settle any matters in dispute relating to unpaid assessments, and to bind the city by such compromise. (6) To levy license taxes, provided that no such tax be im- posed upon the carrying on of any business licensed under the Excise Law of the state. (7) To borrow money on the faith and credit of the city for any public purpose deemed desirable or necessary by the board, including an amount equal to the amount of unpaid taxes and assessments due the city, and to issue bonds therefor within the limits fixed by the constitution of the state; to prescribe the rate of interest to be paid on such bonds, and to sell the same for the best price obtainable, not less than par ; provided that all bonds issued to pay for permanent improvements must mature not later than forty years from the date of their issue; and all other bonds, including those issued in lieu of unpaid taxes and assessments, shall mature not later than three years from the date of their issue. (8) To transfer public moneys standing to the credit of special appropriations whenever they shall be no longer required for or applicable to the same, to the general fund, and draw there- from and expend such sums as they may deem proper, for any purpose for which public money may be lawfully applied. Said general fund shall consist of all balances so transferred and all revenues and money coming to the city, not otherwise specifically appropriated. (9) To designate banks or trust companies within or with- out the city, in which each of the public funds of the city shall be deposited ; to contract for the rate of interest to be paid thereon, and to take bonds from such depositories for the safe keeping of such funds. (10) To prescribe the form and manner of keeping the accounts of the transactions and affairs of the city, and records of any other matters deemed desirable or necessary. (11) To prescribe the number and compensation of all offi- cers and employees of the city not specially provided for in this act. 10 (i2) To employ and regulate the term of service and com- pensation of, special counsel for the city, other than the corpo- ration counsel and his subordinates, when deemed advisable. (13) To receive and pass upon all claims against the city, and to settle, compromise or submit to arbitration, any claim against the city or any claim due the city, and to bind the city thereby. (14) To grant franchises to be exercised within the city. (15) To maintain a police force and to provide for all nec- essary salaries and expenses thereof; provided that the members of the police force on the day this act goes into effect shall not be removed, reduced in grade, or their salaries reduced, except for cause after a hearing before the commissioner of public safety. (16) To preserve the peace, to prevent brawls, and to pre- serve good order and decency in all public places. (17) To regulate and prohibit street assemblages; to arrest, prohibit and punish all vagrants and disorderly persons; to sup- press gambling. (18) To regulate what animals may be kept within the city; to prohibit the keeping therein of particular kinds of ani- mals ; and to regulate or prohibit the running of animasl at large within the city. (19) To provide a pound within the city; to provide what animals shall be taken thereto or confined therein ; to direct the disposition to be made of such animals ; and provide what fees shall be paid before releasing any animal therefrom. (20) To regulate or prohibit public bathing or bathing in public places within the city. (21) To prescribe the limit of speed beyond which locomo- tives, cars, automobiles, wagons or other vehicles, sleighs and animals shall not be permitted to be driven. (22) To regulate by license, or prohibit, the exhibitions of any circus, caravan, theatre, curiosities, tricks of legerdemain, or other shows or entertainments within the city. (2T,) To regulate the exhibition of danger signals in the city and to prescribe the form, manner, and time of exhibiting the same. 11 (24) To regulate or prohibit the sale or use. of gunpowder, dynamite or other explosives within the city. (25) To regulate or forbid the ringing of bells, the blowing of horns, the explosion of fireworks, or the firing of firearms in or into all public places in the city. (26) To require the construction and the proper mainten- ance of sidewalks by the owners of abutting property. (27) To provide, at the expense of the owners thereof, for the fencing, draining, and filling of all lots wherever deemed necessary. (28) To act as fence-viewers. (29) To maintain a force for the extinguishment and pre- vention of fires ; and to provide for all necessarv salaries and expenses. (30") To prescribe the fire limits. (31) To regulate the use of lights in stables and dangerous places. (32) To regulate the character of construction of all build- ings, and require and regulate the removal of unsafe buildings ; to enact, amend and repeal a building code and all ordinances necessary to carry the same into effect, and to enforce observance thereof. (33) To remove nuisances and clean unclean places. (34) To regulate or prohibit the construction of slaughter houses and the slaughtering of animals within said citv. (35) To provide for the removal of all decayed matter. (36) To provide for a record of the births, deaths and marriages within the city. (37) To provide hospitals and pest-houses and maintain the same. (38) To provide for all things meet and necessary to pro- tect the lives and health of all persons in the city, and to exercise all the powers now or at any time hereafter conferred upon boards of health in cities by any general law. 12 (39) To establish, amend and repeal a sanitary code, and all ordinances necessary to carry the same into effect and to enforce observance thereof. (40) To regulate and prescribe plans and methods for plumbing and drainage of property within the city, and to require the drainage and plumbing of all buildings and premises in the city to comply therewith. (41) To exercise within the city all the powers given by law to the commissioners of highways of towns, and to main- tain and keep in repair all roads and bridges. (42) To open, grade, regrade, maintain, alter, pave, re- pave and close streets, alleys and public areas. (43) To locate and fix the grade of streets, alleys and pub- lic areas, prior to the time of acquiring title and opening thereof. (44) To provide for the removal of dirt, snow and other encumbrances from sidewalks, and to require the owners of abutting property to remove the same, and in default thereof, to provide for the removal thereof, and to add the cost of such re- moval to the amount of the next succeeding tax levied against such property. (45) To regulate the use of public streets and public places. (46) To provide for the maintenance and repair of streets by railroad companies and other corporations occuping. opening or using the same. (47) To regulate the laying of pipes, the construction and placing of fences, wires, tracks, posts, telegraph poles, etc., and to require any wires now or hereafter in or over the streets, to be placed in conduits under the street. (48) To prevent and remove encumbrances and encroach- ments on streets and public places. (49) To regulate street lighting. (50) To provide a city hall and other public buildings by renting, purchasing or constructing the same. (61) To fix boundaries and establish monuments. 13 (52) To make maps and surveys of the city, its streets, public buildings and public places. (53) To accept the dedication of land for streets, parks and other pulDlic purposes, provided the location thereof shall have been duly fixed by proper monuments. (54) To create and maintain a sewage disposal plant and sewers, and require all buildings and other places in the city to be connected therewith. (55) To contract with the state, with any county thereof, or with any town or city therein, for the construction of outlet or trunk sewers, and to contract with any adjoining town or city for the maintenance of connecting bridges. (56) To establish and maintain public parks and play grounds. (57) To exercise the power of eminent domain in the man- ner provided in the Condemnation Law. (58) To provide relief and assistance for the poor. (59) To require and prescribe the form of reports to be rendered by all public service corporations doing business in ihe city. (60) ^^'ith the consent in each instance of a majority of the electors of the city voting at a special election to be called for such purpose, to purchase or construct water plants, gas plants, conduit systems, electric light plants, telephone plants, or rail- roads, within the city, and thereafter to maintain and operate the same and regulate the sums to be charged for the service ren- dered. (61) With the consent in each instance of a majority of the electors of the city voting at a special election to be called for such purpose, to increase any of the salaries fixed in section 16 of this act. Section 27. The board of commissioners are hereby di- rected to perform the following duties : (i) To divide the city into election districts in such man- ner that the boundaries of such districts shall be street lines, the 14 territories thereof shall be contiguous, and no district shall have cast within its boundaries at the preceding election less than three hundred nor more than six hundred votes ; and from time to time to alter said districts. (2) To approve, amend and adopt the budgets prepared by the mayor and the board of education. (3) To levy taxes in each year sufficient to provide for: (a) x\ll sums required to be raised within the city by the board of supervisors of the county of Westchester. (b) The interest on all outstanding bonds of the city, and the necessary installments due during the tax year upon the sink- ing funds. (c) The expenses of operating the government of the city for the current tax year. (d) The payment of obligations issued for emergency ex- penses. (e) The payment of any other accruing obligations of the city resulting from anything contained in this act or any lawful act of the board. (4) To provide sinking funds sufficient to pay the prin- cipal of all bonds at or before their maturity ; and the board may apply such sinking funds to the purchase of any outstanding bonds of the city. When the amount of bonds issued in lieu of unpaid taxes and assessments shall be equal to the amount of taxes and assessments remaining unpaid, the board shall cause all moneys recei^^ed for such unpaid taxes and assessments and interest thereon to be held exclusively for the payment of such bonds and the interest thereon. (5) To enforce all provisions of the Civil Service Law and to appoint a local board of civil service commissioners. (6) To maintain the present police and school teachers' pension funds as now provided by law. (7) To fix fees to be charged by the officers and employees of the city for official services. 15 (8) To perform all the duties imposed upon it in relation to taxes, assessments or local improvements as hereinafter in this act set forth. Section 28. The board of commissioners shall, at least once in each half year, employ a certified public accountant of this state, not otherwise in the employ of the city, to audit the ac- counts of the mayor, and to make such additional audits as the board may direct. The reports of such audits shall be made in writing to the board and shall be open to the public. TITLE III. Of the Commissioners Generally. Section 29. Neither the mayor nor any commissioner shall be appointed or elected to fill any other office or employment connected with the government of the city, except that of mayor or commissioner, during the term for which he was elected ; nor shall any of them be in any way or any manner, directly or indirectly, interested in any contract to which the city is a party ; and any such contract in which either the mayor or any commis- sioner may be or become interested shall thereby and thereupon be and become void. Section 30. The mayor and each commissioner shall pos- sess and may exercise within the city the powers of a magistrate, and may administer oaths for general purposes and take acknowl- edgments and proofs of the execution of deeds. Section 31. Within the limits prescribed by the board of commissioners, each commissioner shall appoint his subordi- nates and may remove the same, subject only to such restrictions as may be prescribed by law. Section 32. The mayor and each commissioner shall keep an order book, in which all general regulations made by him shall be entered and signed by him, which book shall be open for in- spection during office hours. Section 33. The mayor and each commissioner may make regulations not inconsistent with law or ordinance, for the gov- ernment of his subordinates and the transaction of business in his department. These regulations, until repealed by law, ordi- 16 nance or subsequent regulations, shall have the force of law. Obedience to such regulations on the part of subordinates may be enforced by fine in amount not to exceed thirty days' pay, by suspension without pay for not to exceed thirty days, by reduc- tion in grade, or by dismissal. Section 34. Each commissioner shall, not later than the first day of November in each year, prepare and submit to the mayor an itemized estimate of the revenues and expenses of his department for the ensuing year. Section 35. The mayor or any commissioner may per- form any duty imposed upon him, except that of sitting as a member of the board, or of making regulations, or performing the functions of a magistrate, either personally or through any duly authorized subordinate. TITLE IV. Of the Mayor. Section 36. The mayor shall have the general supervision of the affairs of the city and of the enforcement of the laws and ordinances ; he shall see that the officers properly perform their duties ; and shall perform all the functions of auditor and comp- troller of the city. Section -^^j. He shall consolidate the estimates of reve- nues and expenditures submitted by the several commissioners and prepare the annual budget. Section 38. He shall make such regulations as will assure his being advised of all receipts of moneys by, or for account of, the city, and of the proper deposit thereof; he shall cause all accounts and claims against the city to be examined, and no pay- ments of city moneys shall be made except by warrant or check countersigned by him. Section 39. He shall prescribe the forms of books, rec- ords, vouchers and checks, to be kept and used by the officers of the city, and the forms on which all accounts or claims against the city must be made. Section 40. He shall, in conjunction with the commis- sioner of finance, have charge of the issue and redemption of 17 bonds, of the payment of interest thereon, and of the sinking funds. Section 41. He shall audit the accounts of all officers of the city at least once in each half year, and may audit any. of them whenever he may deem proper. He shall report the results of his audits to the board in writing within ten days after their completion, which reports shall be public records. Section 42. He shall cause to be kept under his direction the ordinance book and all other records of the board of commis- sioners. Section 43. His office shall be an office of record, and all papers and documents required by law to be filed in a town or city clerk's office shall be filed in his office. He shall designate a subordinate, who, under his direction, shall perform all the func- tions required by law to be performed by a town or city clerk. Section 44. He shall cause to be kept under his direction the records of the births, deaths and marriages, properly indexed, and cause all the duties in connection with the preservation of such vital statistics and reporting the same to the state or county authorities, to-be complied with. Section 45. He shall approve all proper bonds running to the city, as to form and sufficiency of their sureties, except his own, which shall be approved by the commissioner of finance. Section 46. He shall have charge of the issue of all licenses not otherwise provided for, and may revoke the same. Section 47. He shall have charge of all matters relating to elections. Section 48. He shall receive all petitions of electors pro- vided for in title XHI of this act. and cause the same to be veri- fied and dulty certified as required. Section 49. He shall, upon the nomination of the chair- man of the city committee of each of the two principal political parties within the city, appoint inspectors of election, poll clerks, ballot clerks, and other election officers for each election district within the city; and may, on request of said chairman, remove the same, and on like nomination, appoint others in their places. 18 Section 50. In case of a petition for the recall of the mayor, the duties provided for in the three preceding sections shall be performed by another commissioner to be designated by the board. TITLE V. Of the Commissioner of Public Safety. Section 51. The commissioner of public safety shall have the control and management of the police force and of all police stations ; and of the force and apparatus for the prevention and extinguishment of fires, and of all buildings used in connection therewith. He shall enforce all laws, ordinances and regulations relating to public peace and safety and the public health, and have charge of all hospitals, pest-houses, and the public pound; and shall within the city, exercise all the authority and perform all the duties of the overseers of the poor in towns. Section 52. The commissioner or any police officer shall have the power to make arrest without warrant for any misde- meanor committed in his presence, for any violation of an ordi- nance or for disorderly conduct committed in his presence; and where there is reasonable ground to believe that a felony has been committed, the commissioner or any such officer may arrest any one who he has reasonable ground to believe has committed such felony or become accessory thereto. Section 53. Any member of the police force who may become insane or of unsound mind or otherwise disabled so as to be unable or unfit to perform full police service or duty may be removed and dismissed from the police force by the commissioner of public safety. Any member of the police force who has served as a member thereof for a period of twenty-five years shall, upon his request, or may, at the option of. the commissioner without such request, be retired from such force. Except as in this sec- tion otherwise provided, no member of the police force shall be fined, removed, suspended or dismissed from the police force imtil written charges shall have been made or preferred against him, nor until such charges have been examined, heard and in- vestigated before the commissioner at a public hearing, upon such reasonable notice to the member charged and in such manner of 19 procedure as the commissioner may by regulation from time to time prescribe. Any member of the pohce force removed for dis- abihty under the provisions of this section, shall be entitled to apply to the trustees of the police pension fund for a pension under the provisions of section 4 of chapter 459 of the laws of 1904, and any member retired shall be entitled to a pension as provided for in section 6 of that act. Section 54. No person shall be appointed to the police force who at the time of his first appointment to such force is over thirty years of age or who is not a citizen of the United States, or who has ever been convicted of a crime, or who cannot understandingly read and write the English language. Section 55. The commissioner of public safety shall have, power to issue subpoenas to compel the attendance of witnesses upon any proceedings authorized by law, ordinance or regulation to be taken by him. Said commissioner, and such subordinates as he may designate by regulation, are, and each one of them is, hereby authorized and empowered to administer oaths and affirmations to any person appearing in any matter or proceeding authorized as aforesaid, and to take any depositions necessary to be made under the rules and regulations of the police department, for the purpose embraced in this act. Any wilful and corrupt false swearing by any witness or person appearing in any mat- ter or proceeding under the said rules and regulations, shall be deemed perjury and be punished in the manner prescribed by law for that offense. In case any person subpoenaed under this sec- tion shall fail or refuse to obey such subpoena, or refuse, when required to, to take the proper oath or affirmation, or to answer any other proper question, upon the presentation of satisfactory proof to a justice of the supreme court or the county judge of Westchester county, or the city judge of the city, it shall be the duty of the justice or judge to whom such presentation shall have been made, to issue an order returnable before him at an early day, requiring the person so failing or refusing, to show cause why an attachment should not be issued against him, and to adopt such other and further measures to compel the person to appear and testify, and to punish such disobedience, as if the matter were legally pending in the supreme court or the county court of said county, or the city court of said city. 20 Section 56. Neither the commissioner of piibHc safety nor any member of the poHce force shall, under any pretense what- ever, receive or share in any present, gift, fee, reward or emol- ument for services as a member of said police department, addi- tional to his regular salary or his compensation ; but the commis- sioner of public safety may allow any member of said police force, for meritorious or extraordinary service rendered by him, to retain for his own benefit any reward or present tendered him therefor. Section 57. The commissioner of public safety or any member of the police force shall possess in every part of the state the common law statutory power of constables except for the service of civil processes, and any warrant for search or arrest issued by any magistrate of the state may be served in any part thereof by the said commissioner or any member of the police force, according to the terms thereof; and all the provisions of the penal code in relation to the giving and taking of bail shall apply under this section. Section 58. " He shall suppress, abate and remove any public nuisance detrimental to the public health ; and in addition to other powers which he may possess by law, he is hereby em- powered to issue his warrant whenever necessary to the sheriff of the county of Westchester, or to any police officer of the city, authorizing and commanding him to forthwith suppress, abate and remo^■e such public nuisance; and the amount of expenses incurred in cleaning or emptying any vault or cesspool, and al^ating or removing any public nuisance, when certified by him to the board of commissioners, shall be paid by the board"; and such amount shall thereupon be and become a lien upon the lot or premises whereon such public nuisance existed, or said vault or cesspool was cleaned or emptied, with interest thereon at the rate of ten per cent, from the date of payment ; and the board ma;y enforce the collection thereof by adding the same to the tax on said lot or premises for the ensuing year, or by action against the owner of such lot or premises, or against any person who may have created, permitted or maintained such public nuisance, or said vault or cesspool. Section 59. He shall ascertain and declare the cost and expense of, and audit all bills and accounts for, any work, care or other expense bestowed upon private persons or property, or for 21 medical care, attendants, and the support of patients cared for or supported in hospital, pest-house or elsewhere, and return the same to the board of commissioners, who shall have power in any case in which they deem it proper to maintain an action therefor against any person liable for the payment thereof. Section 6o. He shall have power to do all things meet and necessary to protect the lives and health of all persons in the city in all sanitary matters, and in addition to the powers herein expressly granted, he may himself or through his duly author- ized subordinates exercise all the powers now or at any time here- after conferred by law upon health officers. Section 6i. Every practicing physician in the city, who shall attend a person sick or attacked with any contagious, infec- tious or pestilential disease, shall, forthwith, upon discovery by him, make report thereof in writing to the commissioner of pub- lic safety, and for neglecting so to do, shall be deemed guilty of a misdemeanor. Section 62. The expenses of apprehending, examining, trying and committing offenders against any law of the state in the city and of their confinement, properly chargeable against the county of Westchester, shall be audited, allowed and paid by the board of supervisors of said county, in the same manner as if such expenses had been incurred in any town in said county. Section 63. The chiefs and other officers of the force for the prevention and suppression of fires may, if the board of com- missioners by ordinance so provide, be elected by their subordi- nates ; otherwise they shall be appointed by the commissioner of public safety in the same manner as his other subordinates are appointed. TITLE VI. Of the Commissioner of Public Works. Section 64. The commissioner of public works shall have charge of all streets, highways, bridges, sewers, and public parks within the city, and of the public buildings except as herein otherwise provided for; and shall, under the direction of the board of commissioners, make regulations covering the use and maintenance thereof, and shall see to it 22 that all streets, highways, bridges, sewers, public build- ings and public parks are regularly and properly cleaned. He shall under the direction of the board have supervision of all public service corporations within the city. He shall have charge of, and it shall be his duty to cause, the removal of all ashes and refuse in the city. He shall enforce all ordinances and regula- tions relating to the construction of buildings in the city. Section 65. He shall issue such licenses as may be neces- sary for the opening of streets and for the erection of telegraph and electric light poles, and street lights ; for the laying of tracks ; for the laying of pipes for the conveyance of gas, water, sewage, etc., within the city; and said streets shall not be poened nor shall anything be erected in said streets without his permission except by order of the board. It shall be his duty to see that said streets and public places are safely maintained and that all holes in streets are immediately filled and that all drains are at all times kept open. Section 66. He shall have charge of and attend to the proper planting and care of shade trees throughout the city and of the removal of those that have become dead or otherwise objectionable. It shall be unlawful for any person to injure such shade trees, or cut the same without his permission. Section 67. He shall prescribe the location of all street lights and shall require the corporation furnishing such street lights to locate and properly maintain the same. TITLE VIL Of the Commissioner of Finance and of the Collection OF Taxes Section 68. The commissioner of finance shall have charge of the fiscal affairs of the city, except as otherwise pro- vided, and of the collection of taxes and assessments. He is especially charged with the execution of chapter 425 of the laws of 1908, relating to delinquent taxes. Section 69. He shall receive all moneys due the city or any fund thereof including the school fund and pension funds, and deposit such receipts daily before four o'clock p. m. in the 23 depositories designated by the Vjoard ; he shall ha\'e the custody thereof until finally disbursed by the city. He shall pay out moneys of the city whenever authorized to do so by law or ordin- ance, upon warrants or checks duly countersigned by the mayor. Section 70. He shall report to the board upon the condi- tion of the city treasury and the several city funds, whenever, and in such form as, the board may require; and shall present monthly, and for each fiscal year, a complete exhibit of the finan- cial condition of the city, which exhibit shall be published in such manner as the board may direct. Section 71. He shall, in conjunction with the mayor, have charge of the issue and redemption of bonds, of the payment of interest thereon, and of the sinking funds. Section 72. When the board of supervisors shall have equalized the assessment rolls of the several towns of the county of \\'estchester, 4s provided by law, and declared and certified to the city the amount of tax to be levied in the city for county, state and general purposes, the commissioner of finance shall levy the amount of the said tax and cause the said amount to be paid to the county treasurer on the twentieth day of March in each year, or as soon thereafter as may be, and until so paid he shall deposit the same as provided in section 69 of this act. Section 73. When the board of commissioners shall have confirmed the apportionment of taxes or assessments upon the assessment roll as hereinafter provided, the said assessment roll shall be delivered to the commissioner of finance, with a warrant annexed thereto, signed by the board or a majority of them, commanding him to collect the amount of said tax or assessment in the same manner as taxes are collected upon warrants issued by boards of supervisors to collectors of towns, except as in this act otherwise provided, and to make return thereof, and pay over the money as therein directed, together with all interest and per- centage collected by him. Said warrant shall be returned at such time as the board shall direct, which time may, however, be extended by the board. Section 74. The commissioner of finance, upon receiving any warrant for the collection of taxes or assessments, shall cause to be published once a week for four successive weeks, in the official city newspapers (or in case the city shall publish an 24 official daily record, then therein), a notice that he has received such warrant. Such notice shall designate his office hours, the place where he will attend to receive taxes or assessments, and the rate of interest and the rate of percentage to be paid thereon. Xo interest shall be charged upon any tax or assessment paid within one month from the first publication of the notice. To all taxes or assessments paid thereafter shall be added interest at the rate of eight per centum per annum from the date of the first publication of said notice, which shall become a part of and be collected with said taxes or assessments. towns, not inconsistent w^ith this act, shall apply to said commis- sioner, except that he is not required to call personally upon or at the place of residence of any person to demand payment of a tax or assessment, and that he shall not collect taxes or assess- ments by distress and sale. Section yd. The taxes on any real estate occupied by a person or a corporation other than the owner, may be paid by the occupant, and he has the right to collect the amount thereof, if paid by him. from, or set off the amount thereof against, the claim of the owner for rent. i. Sectiox yy. Every inhabitant of the city having in his possession or un.der his control any taxable property as trustee, guardian, executor or administrator, shall be taxable on the amount thereof, and may charge the tax, when paid, against the estate of which he is the trustee, guardian, executor or adminis- trator. TITLE VIIL Of the Commisioxer of Assessments and Supplies and of Tax Assessments. Section 78. The commissioner of assessments and sup- plies shall have charge of the purchase and distribution of all supplies required by the city, except those for the schools, and render an account thereof to the board of commissioners half- yearly. 25 Section 79. He shall, within the city, possess the powers and perform the duties of assessors of towns of this state except as otherwise herein provided. He shall cause to be prepared in the manner and form, as nearly as amy be, as is prescribed by the Tax Law of the state, an assessment roll of all property within the city, and shall, in addition to the information by said law required, state separately the value of the personal property, the value of the land together with the improvements thereon and the value of the land exclusive of all improvements thereon. On completing the assessment roll, which shall be done on or before the first day of September of each year, he shall deposit the same in his office, and cause to be published in the official city newspapers (or in case the city shall publish an official record, then therein), once in each w^eek for two successive weeks, a notice that the assessment roll is completed and deposited in his office, where it may be examined for twenty days next after the first publication of such notice; and that he will attend during the last five of said twenty days, exclusive of Sunday, at his office, from ten o'clock in the morning until nine o'clock in the evening to review his assessments. He shall have power .before and on such review, to insert the w^ords "unknown owner" in the case of any property assessed by him when he shall not have been able to ascertain the name of the owner. For a valid assessment of any real property it shall be sufficient to give the lot number, if any, on any designated map, and the assessed value. An error in the name of the owner shall not invalidate the assessment. During the aforesaid twenty days he shall review and cor- rect said assessment roll, and within thirty days thereafter verify the same. During the time he is reviewing and correcting said roll, he shall have the power to insert therein any property liable to taxation, which may have been omitted therefrom, and, the assessment therefor, after first giving to the owner thereof per- sonal notice in writing of not less than five days, to attend at a time and place to be therein stated, and show cause why any specified corrections should not be made. Section 80. He shall also in like manner assess the cost of all local improvements ordered by the board of commissioners, or by other competent authority, when the cost of such local 26 improvement, or any part thereof, is made a charge upon the property deemed to be benefited thereby. Section 8i. He shall, under the direction of the board of commissioners, correct all manifest clerical errors in the descrip- tilon or valuation of property in the assessment roll. The board shall thereupon confirm said roll, and shall cause to be made a correct copy thereof, certify the same and deliver it to one of the supervisors of the city, to be by him presented to the board of supervisors of the county of Westchester at their next meeting. Section 82. When the board of commissioners shall have fixed a tax or approved the amount of an assessment, he shall cause to be apportioned and extended the amount thereof oppo- site the several valuations of real and personal property appear- ing in the assessment roll, in conformity as near as practicable with the provisions of law in respect to apportionment and extending of taxes by supervisors. When such apportionment shall be completed the board shall confirm the same; and the day, hour and minute of such confirmation shall be entered in its ordinance book; and from the moment of such confirmation, the taxes so embraced in such roll, as apportioned, shall be the first lien upon the property, respectively, against which the same is levied. Section 83. Upon the application in writing of any person desiring to pay the tax or assessment on, or to redeem from sale for any unpaid tax or assessment, a part of any lot of land, or one or more lots of land, upon which, with other lots of land, a tax or assessment has been levied, the commissioner shall appor- tion, in writing, the tax or assessment on such lot or lots of land, or the amount for which the same shall have been sold, between the land upon which the applicant desires to pay the tax or assess- ments or to redeem, and the remaining part thereof ; and like pro- ceedings may be had thereafter as if the land had been separately assessed and a separate amount of tav or assssment levied upon each. Such apportionment shall be confirmed by the board of commissioners and shall be filed in the office of the commissioner of assessments. 27 TITLE IX. Of Public Improvements. Section 84. The board of commisisoners shall make the necessary surveys and examinations and prepare a plan of a sys- tem of sewers for that portion of the city not already sewered. Snch plan shall consist of a map or maps with such specifications as shall be required to describe and locate such additional system, and may be prepared as a whole or in sections from time to time as the board may determine. When said plan, or any section thereof, shall have been completed and adopted by the board, the mayor shall so certify in writing thereon, affix the corporate seal of the city thereto, and the same shall then be filed in the office of the commissioner of assessments. After said plan, or any sec- tion thereof, shall have been so approved and filed ,it may be altered by making, adopting, approving, certifying and filino- a map, and if necessary a specification, showing such alteration in the manner above provided as to said plan or section. After the filing of said plan or section, all sewers to be constructed must conform as near as may be, to said plan or system. Section 85. The regulating, re-regulating, grading, re- grading, paving, re-paving and graveling, of streets and high- ways, or any part thereof; the completion of the regulating and grading of all streets and highways, or any part thereof and of the bridges thereon, which may have been or may be laid out in the city by lawful authority ; the construction, extension, enlarge- ment and repair of sewers, drains, wells, fire cisterns, culverts and bridges ; the procuring of pumps and hydrants for fire purposes ; erecting pumps and hydrants and laying such water pipes, may be contracted for by the commissioner of public works, when the same have been duly authorized by the board of commissioners. Section 86. The expense involved in the construction, extension, enlargement and repair of sewers, drains, wells, fire cisterns, culverts and bridges; the procuring of pumps, water pipes and hydrants for fire purposes ; the erecting of pumps and hydrants, and laying such water pipes, shall be apportioned and assessed upon the several lots of land benefited thereby in propor- tion to the benefit which each shaM derive from the improvement. The expense of re-paving streets shall be paid by the city. The expense of laying and maintaining sidewalks and curbs shall be 28 assessed against lots in front of which they are laid. The expense of grading, including the grading of sidewalks and of original paving, shall be divided into three equal portions, one portion shall be apportioned and assessed upon the several lots of land on one side of the street in proportion to their frontages; one portion shall be likewise apportioned against the lots of land fronting on the other side of the street ; and one portion shall be paid by the city at large. Section 87. The board of commissioners may direct curbs to bet set and gutters to be made; the expense thereof shall be borne as directed in the preceding section. Section 88. Prior to the contracting for any such work, a plan and an accurate specification of the work proposed to be constructed, must be prepared and placed in possession of the commissioner of public works for public inspection. The board of commissioners must, in all cases, cause to be prepared, and approve the specifications for constructing all sewers, drains, wells, fire cisterns, laying water pipes and erecting hydrants. The specifications for all other work mentioned in this title must also be prepared by direction of and approved by, the board of commissioners. The board shall then fix a district of assessment beyond which the assessment shall not extend, and cause to be published in the newspapers in which ordinances are directed to be published, a notice that on a day therein to be named, at least two weeks from the first publication thereof, it will act in rela- tion to the work proposed to be constructed, and that in the meantime sealed proposals for constructing the work, with the names of sureties for the faithful performance thereof, will be received by the commissioner of public, works. A description of such district shall form a part of such notice. Upon the day mentioned in the notice, or upon such subsequent day as the board may adjourn to for the purpose, the mayor or presiding officer shall, in the presence of the board, open such proposals, and the board shall determine which proposal is the most favorable. No proposals shall be considered unless accompanied by the written consent of two sureties, conditioned that if the proposals be accepted, they will execute and deliver a bond with the bidder in a penalty to be fixed by the board, conditioned for the construc- tion of the work at the price and upon the terms proposed, according to the plans and specifications therefor, within such 29 reasonable time as the board may limit, and subject to the super- vision and approval of the commissioner of public works, as the specifications shall provide. The board of commissioners may then direct the construction of the proposed work, or refuse so to do, and accept the most favorable proposal, or reject all of said proposals. Section 89. The commsisioner of assessments shall make a report in writing of the assessment so made and deposit the same in his office, and cause to be published in the newspapers in which ordinances are directed to be published, once in each week for two consecutive weeks, a notice that the report has been com- pleted and so deposited and that he will, at a time and place therein to be specified, not less than ten days from the first publication of such notice, review that report and that at such time and place the parties interested can be heard ; and the com- missioner of assessments shall, at such time and place, hear the parties interested, and thereafter review the report, correct the same where proper, sign and file the same in his office, with all the objections in writing which have ben left with him by the parties interested. Section 90. The board of commissioners shall have power, on the written petition of any party interested, to alter the grade of any street or highway, or of any part thereof. Before determining to make such alteration, it shall cause to be made and deposited in the office of thfe commissioner of assess- ments a profile showing the intended alteration, and cause to be published in the newspapers in which ordinances are directed to be published, once in each week, for two successive weeks, a notice that such petition has been received and such profile so deposited, setting forth their intention to make such alteration and requiring all persons interested to present their objections, in writing, to the JDoard of commissioners, at a time and place to be mentioned therein, not less than two weeks from the first publi- cation thereof. The board may, at any time within one year thereafter, by a vote of four of its members, so alter such grade. In case the owner of any building or other structure, or his authorized attorney, shall file with the commissioner of assess- ments, within six weeks after the vote of the board altering the grade of any street or highway, a claim in writing, for damages to such building or other structure arising from such alteration, 30 the board must fix an assessment district and cause application to be made to the county court of Westchester county, or to the supreme court, at a special term thereof, within the judicial dis- trict in which the county of Westchester is situated, for the appointment of three commissioners to estimate and assess such damages. All claims for damages so filed shall be considered and disposed of in the same proceeding. No building or other struc- ture shall be deemed to have sustained damage by reason of such alteration of grade, unless such building or structure shall have been built with reference to, or to conform with, previously established grade. Section 92. Upon a petition of the owners of a majority of the front feet of land fronting upon any street or portion thereof, the board of commissioners may discontinue such public street or highway or portion thereof, as shall appear to be unne- cessary. Such petition must contain a description of the street or highway or part thereof proposed to be discontinued, and be accompanied by a map showing the street or highway proposed to be discontinued and its connection with other streets or high- ways ; or if only a part of a street or highway, then its connection with the remaining portion. Before acting thereon, such petition and map must be deposited with the commissioner of assess- ments, and the board must cause to be published in the news- papers in which ordinances are directed to be published, once a week, for three successive weeks, a notice that such petition has been received, and that a map showing the proposed discontinu- ance, and a description of the street, or part of street proposed to be discontinued, has been deposited with the commissioner of assessments, and that upon a day to be stated in such notice, at least twenty days after the first publication thereof, it will, if it deem proper, order such discontinuance to be made. Unless a majority of the owners of land fronting on such street, shall, on or before the day specified in said notice, remonstrate against such discontinuance, the board upon the day specified in said notice, or upon a subsequent day, to which the matter may be postponed, direct such discontinuance by an order in writing, signed by at least four members, sealed with the corporate seal and filed in the office of the commissioner of assessments with the map accompanying such petition. The lines of the street shall thereuponu conform to the change made by such discon- tinuance. The board may, as a condition for the granting of such 31 order of discontinuance, require the owners of the land within the street or part thereof to be discontinued, to pay the expense of such proceeding. Section 93. In case the owner of any building or other structure, or of any land afTected by any such discontinuance, or his authorized agent or attorney, wnthin six weeks after the filing of such order of discontinuance, shall serve upon the com- missioner of assessments a claim, in writing, for damages by such owner, suffered by reason of such discontinuance, in respect to such building, structure or land, the board of commissioners must estal:)lish an assessment district, and cause application to be made to the county court of Westchester county or to the supreme court, at a special term thereof, for the appointment of three commissioners to estimate and assess such damages. Like proceedings as to such claim shall thereupon be had, as is in this citle, providing for estimating and assessing the expense for the opening and widening of streets. In case the person making- such claim be not in possession of the land, building or structure, in respect to which such claim is made, or in case the board of commissioners shall deem such case unfounded, it may require the claimant to file with the mayor a bond with sufficient sureties to be approved b}^ him, conditioned to pay all costs, expenses and disbursements wdiich may be incurred by the city in such proceedings, in case no award for damages shall, by such com- missioners be made in favor of such claimant : and until such bond be filed, the board may suspend such proceedings. In case two or more persons shall make separate claims for damages, within said six weeks, all such claims shall be considered and dis- posed of in the same proceeding. Section 94. Any person aggrieved by such order of discontinuance may, at any time within sixty days after such order shall have been filed in the mayor's office, appeal therefrom to the supreme court by a notice in writing, to be served upon the mayor; such appeal shall be heard at special term, and the court shall afiirm or vacate such order as it may deem for the best, having due regard for the rights and interests of the trav- eling public,, as well as the individuals affected thereby. No paper shall be read on such appeal, except the proceedings of the board of commissioners and such affidavits and objections as may have been served upon the mayor wnth the notice of appeal except to sustain the order of discontinuance. 32 Section 95. The expense of advertising and printing, ana the compensation of all persons other than salaried city officers and employes necessarily employed in any proceeding under this title, is part of the expense thereof and shall be assessed as such. TITLE X. Of the School District and Board of Education. Section 96. All the territory included within the bound- aries of the city shall constitute a separate school district within this state, and shall be designated as "the school district of the city of Mount Vernon." Such district shall be entitled to all the rights, powers, privileges, public moneys, and other benefits con- ferred by law, or other state authority, upon school districts, and shall be subject to all the rules, regulations, powers of inspection and superintendence, prescribed by law, applicable to school dis- tricts in cities, except as otherwise hereinafter provided. Section 97. The affairs of the said school district shall be managed by a board of education composed of the school trus- tees ; the mayor shall be the presiding officer thereof. The term of office of each trustee shall commence on the second Monday of August next following his election. A majority of the trustees shall constitute a quorum, and in the proceedings of the board, each trustee present shall have a vote ; the mayor shall have only a casting vote when the votes of the trustees are tied. Vacancies in the board of education occasioned by the resignation, refusal to serve, death or removal of any of its members shall be filled by appointment by said board until the next regular school elec- tion, when the residue of the term, if any, shall be filled by elec- tion as hereinbefore prescribed. Section 98. The board shall meet at least once in each month, which meetings shall be public. It shall keep a record of its proceedings, open to the public, in which all of its resolutions and votes shall be entered. It may employ, and remove at its pleasure, a clerk and such other subordinates for the administra- tion of its business as may be deemed necessary, and fix their compensation. It may make regulations for its government and for the government of its employees. The records of the pro- ceedings of the board or a transcript thereof, certified by the 33 mayor and its clerk, shall be received in all courts or places as prima facie evidence of the fact therein stated. Section 99. The board of education and its successors shall possess all the powers conferred, and discharge all the duties imposed by this act, or by any general law of this state relating to school districts in cities, or relating to the board of education of such district, and not inconsistent with the provis- ions of this act. Section 100. The board of education shall have the power, subject to the provisions of this act, to purchase, take, lease, hold or improve any real or personal estate, in trust for the school district, for the support and maintenance of public schools. or for any of the purposes of education in said city. It may also take, by gift, grant, bequest or devise, and hold, any real estate or personal estate, in trust for any of the purposes of education, art, or the purchase, support or maintenance of public libraries in said city, upon such terms as may be prescribed by the donor or donors and accepted by said board; and it may execute any trust for any of the purposes aforesaid, and provide for the proper execution thereof. The title of all the school houses, sites and lots located within the city, and personal property appertain- ing to the school-houses, shall be vested in the city. Section ioi. Subject to the provisions of this act, the board of education shall have power, and it shall be its duty : ( 1 ) To establish and organize in said city, such and so many free schools, including night schools, as it shall deem requi- site and expedient, and to change or discontinue the same at its discretion. (2) To establish and maintain, whenever it shall be deemed expedient so to do, one or more high schools, trade schools, or other secondary schools. (3) To organize, establish and maintain school savings banks under the authority of, and in conformity with, any gen- eral law of the state in regard to such or similar institution. (4) To purchase or hire, sell or dispose of, school-houses, lots or sites, to alter, improve and repair school-houses and ap- purtenances, as may be deemed advisable. 34 (5) To purchase, exchange, improve and repair school ap- paratus, books, furniture and appendages, and to defray the nec- essary expenses attending the same. (6) To have the custody and safe-keeping of the school buildings, lots, out-houses, books, furniture and appendages, and to see that the ordinances and by-laws of said city in regard thereto are enforced, and any violation thereof punished. (7) To contract with, employ and fix the compensation of, a superintendent of instruction and all necessary teachers for the schools of the city, and at pleasure to remove them or any of them, under such rules and regulations as may be established by law, or by the department of public instruction of the state. (8) To pay the salaries of superintendent and teachers out of any moneys appropriated or provided by law for that purpose. (9) To defray the necessary contingent expenses of the board and district, including the wages of clerk, janitors, and other assistants and employes and incidental expenses. (10) To expeiid all moneys raised by virtue of this act, or which may have been previously raised, for purchasing sites, erecting or enlarging school-houses, or for other purposes, in such manner as may be deemed advisable, but only for the pur- poses for which the same was raised. (11) To take and appropriate land and other real property within said city for school purposes, when authorized so to do by the board of commissioners of the city. (12) To license all teachers employed in the schools of the city, in the same manner, and with like effect in said city, as school commissioners of counties. (13) To have, to the exclusion of all boards and officers, except the regents of the university and the superintendent of public instruction of the state, the entire supervision and manage- ment of the public schools of the city, and the right from time to time to adopt, alter, modify or repeal, as may be deemed expe- dient, rules and regulations for their organization, government and instruction, for the reception of pupils and their transfers from one school-room or school-house to another, for their ad- vancement from class to class, as their degree of scholarship 35 shall warrant, and generally for the promotion of the good order and prosperity of said schools. (14) To allow the children of persons non-resident within the city to attend any of the schools therein under its control, upon such terms as its may prescribe. (15) To establish and maintain a free public library, and to provide suitable rooms therefor ; to employ and pay a librarian and assistants to have the care and supervision of the books and other publications belonging thereto and supervise the letting out and return thereof. To exercise the same discretion as to the disposition of the moneys provided by law for the purpose of libraries as is conferred upon the inhabitants of school districts. (16) Except as otherwise provided by this act, to exercise all powers conferred upon the inhabitants of school districts at school district meetings. (17) Except as otherwise provided by this act, to exercise all the powers conferred and all the duties imposed by the gen- eral laws of this state applicable to boards o^ education in cities. Section 102. On or before the first day of May in each year the board of education shall present to the board of com- missioners a detailed estimate of such moneys as it may deem necessary to be raised by taxation for each of the following pur- poses, for the ensuing school year, namely : ( 1 ) The wages of superintendent and teachers, after apply- ing such of the public school and other moneys as may be ap- plicable thereto. (2) For the maintenance of high schools and the payment of teachers thereof, after applying such of the public school and other moneys as may be applicable therto. (3) For the maintenance and repair of school-houses, out- houses and grounds with their appendages and appurtenances. (4) For the purchase, repair or improvement of school apparatus, books, furniture and fixtures. (5) For the purchase, maintenance and repair of the free public library and of the school and academic libraries. 36 (6) For the rent of school-houses and rooms for school purposes, the purchase of fuel and lights, and to pay the contin- gent expenses of the district, including the wages of clerk, jani- tress, and other assistants and employees and incidental expenses. (7) For such other purposes as required by the provisions of this act. The board of commissioners may amend said estimate, and after having adopted the same, shall include the amount therein called for in the annual tax and assessment roll for that year, and the amount so included shall be collected and paid to the commissioner of finance, who shall place the sum as well as all other public moneys or public funds received for. and belonging or appropriated to, the use of said school district, to the credit of the school fund of the board of education, and shall keep the same separate from the other funds of the city. The board of education shall disburse all the funds of said dis- trict by orders upon the commissioner of finance, signed by its clerk and countersigned by the mayor. Said orders shall be numbered consecutively and shall specify the purpose for which they are drawn and the person to whom payable. Upon the re- quest from the board of education, the commissioner of finance shall certify from time to time the balance remaining to the credit of the school fund. Whenever any moneys are collected by, or paid to, the commissioner of finance for school purposes, it shall not be lawful for said commissioner to apply such money or any part thereof to any other purpose or object. Section 103. The board of education shall, whenever it deems a new school building, or the enlargement of an existing building or additional lands in connection therewith, to be neces- sary, report that fact, together with plans therefor, me proposed site and the estimated expense thereof, to the board of commis- sioners, who shall, if they approve, authorize the board of educa- tion to purchase such lands, erect or enlarge such buildings ; and shall provide the funds therefor by the sale of bonds or by in- cluding the sum required in the next annual budget as may be deemed proper by the commissioners. If the commissioners shall disapprove, then upon demand of the board of education, its rec- ommendation and the objections of the commissioners shall be referred to the people at a special election to be held on the first Tuesday after the first Monday in the month occurring not less 37 than fifteen days after the action of the commissioners. At such election, all persons entitled to vote for school officers under the laws of the state of New York shall be entitled to vote and the election shall be held in the manner provided for school elections. Section 104. It shall be the duty of the board of educa- tion, on or before October ist, in each year, to make to the board of commissioners a detailed report of the manner in which it shall have expended the money provided for and appropriated to school purposes from any sources, during the last fiscal year ; also a full statement of the bonded or other indebtedness of the district ; and such report shall be published by the commissioners in connection with and as a part of the annual report of financial transactions of the city which it is required by this act to publish. The board of education shall also make report to the superin- tendent of public instruction of the state in the manner and at such times as he may direct. Section 105. It shall be the duty of the superintendent of public instruction of the state to apportion for the use of the board of education of the city of Mount Vernon such portion of the school, library, and other public money as it shall be entitled to by its annual report, in the manner in which such moneys are apportioned to cities ; and the amounts to which it shall be so entitled, shall be certified to the county treasurer of Westchester county, and said county treasurer shall pay over to the commis- sioner of finance of the city, for the use of the board of education such proportion of the school, library and other public money as may be apportioned by law or by the superintendent of public instruction of the state to the board of education of the city, for teachers' wages, library and other school purposes. Section 106. The board of commissioners of the city shall have the power to pass such ordinances as the board of edu- cation shall report necessary for the protection, safe keeping, care and preservation of the school buildings and other school prop- erty, and to impose penalties for the violation of the same. Section 107. Charges of misconduct or violation or neglect of duty on the part of any member of the board of educa- tion may be presented to said board by any member thereof or by any elector of the city, and such charges shall be duly exam- ined by the board at a regular or special meeting of which the 38 accused member shall have at least five days notice, but at which meeting said accused member shall not be entitled to vote. If at such meeting, after hearing the evidence on both sides, the board shall deem the charges against the member sustained, then all the papers and documents in the case, with a transcript of the proceedings of the meeting shall be transmitted by the clerk of the board to the superintendent of public instruction of the state, and upon his approval of the findings of the board, the accused member shall be removed and his place declared vacant. Section io8. The superintendent of instruction of the city shall confer with and act under the direction of the board of education in performing the duties of his office. He shall, sub- ject to the direction of the board, have general control and super- vision of the public schools and the teachers thereof ,and shall, on or before the fifteenth day of April in each year, report in writing to the board as follows : (i) The whole number of schools within the jurisdiction of the board and their sanitary and general condition and man- agement. (2) The repairs or alterations, if any. that are necessary for such schools. (3) The condition of the school furniture, apparatus and books in the several schools, and the repairs or additions thereto that may be necessary. (4) The number of teachers employed in the several schools, and their efficiency,' with suggestions as to the increase or decrease in the number thereof. (5) The number of pupils registered at each school and the average daily attendance. (6) Such changes in the curriculum of any or all of the schools as he may deem advisable. (7) Such other information in relation to the schools as may be of interest to the people of the city. 39 TITLE XL Of the Corporation Counsel. Section 109. The corporation counsel shall be the attor- ney of, and counsel to, the city. He shall have charge of all actions and special proceedings brought by or against the city, and of all disputed claims in favor of or against the city, and shall be authorized to compromise and settle the same and bind the city to such compromise and settlement, provided it be in writing, signed by not less than three commissioners. Section iio. He shall be the legal adviser of the board of commissioners, of each of the commissioners, of their subordi- nates and of the board of education. Section hi. He may designate any subordinate in his office, who shall be a counsellor at law, to act as his deputy, and such deputy shall exercise his authority in his absence or dis- ability. TITLE XII. Of the City Court. Section 112. The city court of Mount Vernon, as consti- tuted by chapter 182 of the laws of 1892, is continued. Section 113. The city judge shall be the judge of said court. In his absence or disability the acting city judge shall be the judge of said court. The clerk and marshal shall within the city perform the same duties and have the same powers as to matters pending in said court as the county clerk and sheriff, respectively, have as officers of the county court of Westchester county. The city judge may appoint and at pleasure remove such other officers and employees as the board of commissioners may authorize. , Section 114. The court shall have the following juris- diction : (a) That of a court of special sessions of the peace, where a crime is committed within its jurisdiction. 40 (b) Jurisdiction equal to that of the county court of West- chester county, in all cases of misdemeanor committed within the city, which is not expressly stated to be triable only after indict- ment, subject to removal as provided in section 57 of the code of criminal procedure. (c) Jurisdiction equal to that of a justices' court in civil actions where the defendant is served within the city. (d) In civil actions and special proceedings, jurisdiction equal to that of the county court of Westchester county, where the defendant is served with process in the city. (e) Of all actions and proceedings to enforce ordinances and regulations of the city. Section 115. The city judge and the acting city judge shall have all the authority of a magistrate within the city. Section 116. The city judge and the acting city judge shall, as to all actions or proceedings pending in the city court, have the same authority as a justice of the supreme court sitting in chambers in actions or proceedings pending in the supreme court. Section 117. In all civil actions, the process, procedure, trial, judgment, costs and disbursements shall be regulated by the laws applicable to county courts, except that summons shall be returnable after six days, exclusive of the date of service, and the time to appear and plead shall be six days ; and except that in actions where the amount involved does not exceed one hundred dollars, the costs and disbursements shall not exceed ten dollars. Section 118. In all criminal actions or proceedings, the process, procedure, trial, judgmefit, costs and disbursements shall be regulated by the laws applicable to county courts. Section 119. In any case where an appeal would lie from the decision of a county judge, a county court, or a justices' court, an appeal shall lie from the decision of the city judge or the city court to the appellate division of the supreme court in the judicial department in which the city is situated. Section 120. In civil actions jury trials shall not be had unless demanded in the notice of trial. The city judge shall cer- tify to the commissioner of jurors of the county of Westchester 41 the terms when a jury will be required to attend. A panel of jurors shall be drawn from those liable to serve and who reside in the city by the same officers by whom, and in the same manner that, jurors are drawn to serve in the county court. Section 121. A transcript of the docket of any judgment of the city court, when issued by the clerk of said court, under the seal of said court, may be filed in the office of the clerk of any county in the state, and such judgment shall thereupon be dock- eted in such county, and the same shall thereupon have the same effect, and may be enforced in the same manner, and the same proceedings may be taken thereon, with like effect in all respects, as if such judgment had been rendered in the supreme court and first docketed in the office of the clerk of such county. When a transcript of the docket of any such judgment shall be filed in the office of the clerk of Westchester county and there docketed, the same may be enforced, at the election of the judg- ment creditor, either by proceedings in the city court or before the city judge, or by proceedings before the county judge of Westchester county, or in the county court pi Westchester county. Section 122. The clerk of the city court shall charge for his services the fees which a county clerk would be entitled to charge for like services. The marshal of the city court shall charge for his services the fees for which a constable or a sheriff of the county of Westchester would be entitled to charge for his services. All such fees shall be paid into the city treasury daily and accounted for under the regulations prescribed by the mayor. TITLE XIII. Of the Referendum, Recall, Initiative, Nominations and Special Elections. Section 123. Whenever a proposed ordinance requiring the signatures of four commissioners shall have received the signatures of three commissioners, it shall be unlawful for either of the other commissioners to sign the same, until said ordinance shall have been first published for ten days in the manner pro- vided by this act for the publication of ordinances. If within said ten days a petition signed and acknowledged or proved, as deeds 42 are required by law to be acknowledged or proved in order to be recorded, by twenty-five or more electors of the city, registered at the election held in the preceding November, shall be filed with the mayor praying for a hearing upon said proposed ordinance, then it shall not be lawful for either of said other commissioners to sign said proposed ordinance until the expiration of forty- eight hours after the close of the hearing, or any adjournment thereof, hereinafter provided for. If such petition is so filed with the mayor he shall immediately fix and advertise a place and day for a hearing on said proposed ordinance before the commission- ers ; which_ hearing may be adjourned from time to time by a majority of the commissioners. Section 124. No ordinance granting a franchise, or ap- propriating more than $25,000 for any single purpose other than the current expenses of the city, or ordering a bond issue, except bonds issued in lieu of unpaid taxes and assessments, shall go into effect until thirty days after the time of the publication of the said ordinance, as required by this act ; and if, during said thirty days, a petition signed and acknowledged or proved as deeds are required by law to be acknowledged or proved by elec- tors of the city, registered at the election held in the preceding November, equal in number to five per cent, of the electors so reg- istered, protesting against the passage of such ordinance, and stating briefly the ground for such protest, shall be presented to the mayor, such ordinance shall thereupon be suspended and shall not go into operation ; and it shall be the duty of the board of commissioners to reconsider such ordinance and to repeal the same, or in default thereof, to submit the same to the people at the next general election or at the option of the board at an elec- tion to be called for such purpose in the manner hereinafter pro- vided. At such election the ballots shall contain a copy of the ordiance and of the petition except the signatures, and shall con- tain the words "For the Ordiance" and "Against the Ordinance;" and shall otherwise comply with the requirements of law for bal- lots upon constitutional amendments submitted to the people. The ordinance shall take effect only in case a majority of the votes cast at such election shall be in favor thereof. Section 125. The word "franchise" as used in the last preceding section is intended to include, and shall be construed to mean, any and all rights or permission to construct, maintain 43 or operate within the boundaries of the city, upon, above or under ground, in, under, above on or through the streets, highways, parks, water front, pubhc waters, land under water, pubhc or private lands or places, all wharves, piers and docks ; all bridges ; all telegraph, telephone or electric light lines, wires, poles and appurtenances ; all supports and inclosures for electrical conduc- tors and their appurtenances ; all surface, under-ground or eleva- ted railroads; all railroad structures, sub-structures and super- structures, tracks, branches, switches and their appurtenances; all stage or bus lines or routes ; all mains, pipes, tanks, conduits or wires, with their appurtenances, for conducting water, steam, heat, light, power, gas, oil, electricity or other property, sub- stance or produce capable of transportation or conveyance therein, or that is protected thereby. Section 126. The mayor, any commissioner or any school trustee may be removed at any time by the qualified voters of the city. Upon receipt by the mayor of a petition signed and ac- knowledged or proved as deeds are required by law to be acknowledged or proved, by electors of the city registered at the election held in the preceding November equal in number to twenty-five per cent, of the electors so registered, (of whom a number equal to five per cent, of the whole number of electors shall be enrolled republicans and a like number shall be enrolled democrats), asking for the removal of such officer, the board of commissioners shall order a special election to be held for the election of a successor. At such election the ballots shall be the same as those required at a regular annual election, except that the name of the officer mentioned in the petition shall appear first on the list of candidates without requiring that a petition nomi- nating him shall be filed. Upon such election the candidate re- ceiving a majority of the votes cast, shall be deemed to be elected to fill such office for the unexpired term of the officer mentioned in the petition, and upon his qualification the officer mentioned in the petition shall cease to hold such office. Should the successor not qualify within ten days after election day the office shall be deemed to be vacant. Section 127. Any proposed ordinance may be submitted to the board of commissioners by apetition signed and acknowl- edged or proved as deeds are required by law to be acknowledged or proved, by electors of the city registered at the election held 44 in the last preceding November, equal in number to five per cent, of such electors ; such petition shall set forth the proposed ordi- nance in exactly the language in which it is intended to be passed, and shall then be presented to the mayor. Within five days after receipt of the mayor's certificate as provided in section 132, the board of commissioners shall either adopt the ordinance, without alteration, or submit the same to the people at the next general election occurring not less than thirty days after the date of the certificate of the mayor. And the official ballot to be used at such election shall contain a printed copy of the ordinance and the words "For the Ordinance" and "Against the Ordinance" in the manner provided by the Election Law for the preparing of ballots for voting upon constitutional amendments. Should a majority of the electors voting thereon at such election vote for the ordinance, it shall be passed and effective as though it had been adopted by the board of commissioners. Section 128. Candidates for elective offices provided for in this act, (except the school trustees, who shall be nominated in the manner now provided by law), shall be nominated only in the following manner, to wit : Petitions nominating a candidate for office, signed and acknowledged or proved in the manner in which deeds are required to be signed and acknowledged or proved, by electors of the city registered at the last preceding- annual election, equal in number to live hundred, may be filed in the office of the mayor. Such petitions shall contain a statement that the signers have not signed any other petition nominating a person for that office to be voted upon at that election. Such petitions must be filed in said office at the time and in the manner required by the Election Law for filing petitions naming candi- dates for city offices and must in all respects conform to the pro- visions of said law. The mayor, after having verified said peti- tions, shall certify the same as provided, in section 132 and shall cause the name or names of candidates nominated in such peti- tion to be placed upon the official ballot. Section 129. The board of commissioners shall order a special election upon any question required by this act to be sub- mitted to the people at a special election, to be held on the first Tuesday after the first Monday of any month which will occur not less than fifteen days nor more than forty-five days after the receipt of such petition, to pass upon such question. 45 At such special election no elector shall be allowed to vote who was not a registered voter at the election held in the pre- ceding November. In all other respects the provisions of the Election Law applying to general elections shall apply to such elections, except that no days of registration shall be necessary. Notice of such election shall be published once, in the manner in which ordinances are required to be published, at least ten days preceding such election, and shall set forth the questions to be voted upon at such election. And in case any question be submit- ted at the general election like notice shall be published at least ten days preceding such general election. Section 130. At all elections for school trustees, or to decide questions submitted pursuant to provisions of section 103 of this act, the board of commissioners shall designate not less than five polling places; each polling place, which may be a school-house, shall be located in one of the election districts whose residents vote thereat; the board shall designate at which one of these polling places the residents of each district may vote ; they shall assign two inspectors of election from each of the two principal political parties to preside at each polling place; the attendance of poll clerks and ballot clerks shall not be re- quired. The polls shall be open from three o'clock in the after- noon until nine o'clock in the evening. In all other respects the provisions of law and ordinance applicable to general elections shall apply to such elections, except that previous registration of voters shall not be required. Section 131. Candidates for elective offices mentioned in this act, except the school trustees, shall be voted for upon official ballots, separate from the regular official ballot, which shall be entitled "Official Ballot, City Officers of Mount Vernon." Upon such ballot the names of all candidates to be voted for shall be arranged alphabetically according to their sur-names, fol- lowed by a blank space in which the voter may write any name not printed under such title ; and no sign, symbol or other descrip- tion whatever shall be placed upon the ballot ; and the circle ordi- narily placed under such sign or symbol shall be omitted there- from. Electors shall be required to indicate their choice by making a cross in the square opposite the name of the candidate for whom it is intended to vote; in all other respects the ballot shall comply with the provisions of the Election Law relating to ballots. 46 Section 132. Upon receipt by the mayor of any petition in this title provided for, he shall cause the names thereon to be compared with the registry of voters at the last preceding annual election, and verify the same in other respects as to matters pre- scribed in this title ; and shall within ten days after receipt thereof by him certify to the board of commissioners the petitions, par- ticularly as to the required number of signatures. In the case of nominating petitions he shall exclude the names of electors sign- ing a petition, whose names appear upon petitions filed prior thereto. Section 133. The board of commissioners shall by ordi- nance prescribe proper forms to be used for all purposes referred to in this title, which forms shall be printed under the direction of the mayor, who shall furnish copies thereof to any elector when requested so tod o. TITLE XIV. Of the Taking Effect of, or Amendment of this Act of Repeals, Etc. Section 134. No general city law of this state relating to cities, either of a particular class or of all classes, inconsistent with this act, shall operate in the city, unless and until the legis- lature shall so direct by mentioning the city of Mount V^ernon. by name therein. Section 135. When this act takes effect as hereinafter provided, the following acts except as herein continued are hereby repealed : LAWS OF CHAPTER 1892 182 1894 10 1 894 490 1895 12 1895 180 1895 189 1895 • 243 1895 710 1896 146 47 LAWS OF CHAPTER 1896 205 1896 514 1896 692 1896 774 1898 238 1898 247 1900 274 1900 275 1900 361 1900 564 1 90 1 69 I9OI 285 I9OI 329 1901 473 1901 474 1901 ■ 489 1902 44 1902.. . 610 1903 46 1903 114 1903 165 1903 402 1903- • •. 448 1904 128 1904 349 1904 695 1905 85 1905 86 1905 87 1905 114 1905 176 1905 255 1905 374 1905 473 1905 561 48 LAWS OF 1906. . 1906. . 1906. . 1907.. 1907.. 1907.. 1907.. 1908.. 1908. . 1908. . 1908.. 1908. . 1908.. 1908.. 1909.. 1909.. 1909.. CIIAPTKR • • ■ 53 . . . 71 . . .204 . . . 51 ...165 • ■ -474 . . .672 ... 41 . . .115 .. .117 . . .226 ■ -341 , ... 342 ...384 ... 92 . . .361 • • -476 The following acts are not repealed hereby LAWS OF .1886.. 1887.. 1888.. 1888.. 1889.. 1890. . 1902. 1903- • 1904.. 1906.. 1907.. 1908.. 1908.. 1909.. CHAPTER . . .608 • • -393 163 ,310 • 83 79 375 .482 ■459 ■ 70 ■436 ■343 .425 •552 49 vSlctio.n 136. All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise, all pub- lic buildings, market houses, school buildings, school-houses, fire engine houses, public squares, parks, streets, alleys, and all property of whatever kind, character or description, which has been granted, donated or purchased, or otherwise acquired by the city through any means or agency ; and all actions, cases in action, rights or privileges of any kind and character, and all property of whatsoever character or de- scription, which may have been held and is now held, con- trolled or used by the city, for public uses or in trust for the public, shall vest in, and remain in and inure to, the said corporation, the city of Mount Vernon, under this act ; and all suits and pending actions to which the city hereto- fore was, or now is a party, plaintiff or defendant, shall in no wise be affected or terminated by the provisions of this act, but shall continue unabated. Section 137. The mayor and the commissioners elect- ed at the annual election in November, 1910, are authorized, between the date of their election and January ist, 191 1, to from time to time meet and adopt such ordinances as may, in their opinion, be necessary and proper for carrying out the provisions of this act, and to enable said board and its members to undertake the government of the city, which ordinances shall take effect on the ist day of January, 191 i. For that purpose only, their terms shall be considered to commence as soon as they are elected ; but they shall not be entitled to any compensation for the period prior to January ist, 191 1. vSection 138. This act shall not take effect unless it is approved by a majority of thd votes cast at a special elec- tion to be held within thirty days after the bill has been signed by the Governor, or become effective without his signature, provided that if the thirty days expire between the 15th day of June and the 15th day of September, that period be no part of the thirty days. If thus approved, so far as it may be necessary to elect officers or to do any other act preparatory to the commencement of the operation of the government of the city under the provisions of this act, it shall take effect immediately after the approval by the electors at said special election. In all other respects this act shall take effect January ist, 191 1. 50 FREEHOLDERS' CHARTER AND AMENDMENTS THERETO I mwnbuiMiiyimii "iii ■— bbbbiiiim hi ■ i ii iii] CITY OF PALO ALTO 1911 FREEHOLDERS' CHARTER AND AMENDMENTS THERETO I I CITY OF PALO ALTO 1911 ORIGINAL INCORPORATION o < 1 < Z a:: O Li. o -1 gl §1 < < CO ^ a. < ^ ^ VL ^ O < a: < >- u_ o H I', ^ O 1 ^ By unanimous vote of the Board of Supervisors of )unty, at a regular meeting held on the 3ril, 1894, Palo x^lto was duly declared )ality of the Sixth Class under the provi- neral Municipality Act. The boundaries oard of Supervisors were the same as :1 as the boundaries of the Town of Palo University Park, upon a map of said Timothy Hopkins in the office of the i County of Santa Clara on the 27th day ?8q, and recorded in Liber D of Maps at ords of the Board of Supervisors of Santa EEHOLDERS CHARTER ^.Y A Board of Fifteen Freeholders md ratified by the qualified voters of the Alto at a special election held on the 21st •, 1909, adopted by the legislature Febru- In force and efifect July ist, 1909. ts thereto voted for and ratified at a special eieciion held in the City of Palo Alto on the ist day of February, 191 1. Adopted by the legislature March 24th, 191 1. ORIGINAL INCORPORATION By unanimous vote of the Board of Supervisors of Santa Clara County, at a regular meeting held on the 1 6th day of April, 1894, Palo Alto was duly declared to be a Municipality of the Sixth Class under the provi- sions of the General Municipality Act. The boundaries fixed by the Board of Supervisors were the same as those designated as the boundaries of the Town of Palo Alto, formerly University Park, upon a map of said Town filed by Timothy Hopkins in the office of the Recorder of the County of Santa Clara on the 27th day of Februarv; i88q. and recorded in Liber D of Maps at page 69. — (Records of the Board of Supervisors of Santa Clara County). FREEHOLDERS CHARTER Prepared p>y .\ Board op Fifteen Freeholders Voted for and ratified by the qualified voters of the Town of Palo Alto at a special election held on the 21st day of January, 1909, adopted by the legislature Febru- ary 20th, 1909. In force and efifect July ist, 1909. Amendments thereto voted for and ratified at a special election held in the City of Palo Alto on the ist day of February, 191 1. Adopted by the legislature March 24th, 191 1. CHARTER OF THE CITY OF PALO ALTO 1909 Senate concurrent resolution No. 6, approving the charter of the City of Palo Alto, State of California, and the additional proposition submitted therewith, voted for and ratified by the qualified voters of said town of Palo Alto at a special municipal election held therein for that purpose on the 21st day of January, 1909. [Adopted February 20, 1909.] Whereas, The town of Palo Alto, a municipal corpor- ation of the county of Santa Clara, State of California, now is and was at all the times herein referred to a city containing a population of more than three thousand five hundred inhabitants ; and ^^^lereas, At a special municipal election duly held in said town on the 24th day of August, A. D. 1908, under and in accordance with the laws and with the pro- visions of section eight of article eleven of the Con- stitution of the said State of California, a board of fifteen freeholders, duly qualified, was elected in and by said town, by the qualified electors thereof, to prepare and propose a charter for the government of said city ; and Whereas, Said board of freeholders did, in accord- ance with law, and within ninety days after said election, prepare and propose a charter for the government of the said City of Palo xMto, and \\ hereas. Said board of freeholders did, at the same time and place prepare and propose with said proposed charter the following additional proposition I, article X, alcoholic liquors; and Whereas, The said proposed charter and the said additional proposition were, on the 20th day of Novem-- ber, A. D. 1908, signed in duplicate by the members of 6 THE CITY OF PALO ALTO said board of freeholders, and one copy thereof was, on the 2ist day of November, A. D. igo8, duly returned and filed with the president of the board of town trustees of the town of Palo Alto, and the other copy thereof was duly returned and filed with and in the office of the county recorder of said county of Santa Clara ; and • Wheras, Such proposed charter and said additional proposition were thereafter published in the Palo Alto Daily Times, a daily newspaper of general circulation in said town of Palo Alto, for a period of twenty days and more, the first publication thereof having been made within twenty days after the completion of said proposed charter and said additional proposition ; and Whereas, Said proposed charter, and said additional proposition were within thirty days after the completion of said publication, submitted by the board" of town trus- tees of the town of Palo Alto, to the qualified voters of said town at a special municipal election previously duly called and therein held on the 21st day of January, 1909; and Whereas, At said last mentioned special municipal election a majority of said qualified electors of said town voting at such special municipal election, voted for and in favor of the ratification of such proposed charter as pro- posed as a whole, and also voted in favor of the ratifi- cation of the said additional proposition; and Whereas, Said board of town trustees of the town of Palo Alto, after canvassing said returns, duly found and ceclaied that the majority of said qualified electors voting at such special municipal election had voted for ratifying said proposed charter and had voted in favoi of and for ratifying said additional proposition ; and Whereas, The same is now submitted to the legisla- ture of the State of California for its approval and ratifi- cation as a whole without power of alteration or amend- ment, in accordance with section eight of article eleven of the constitution of the State of California; and Whereas, Said proposed charter and said additional proposition are in the words and figures following, to wit : CHARTER PREPARED AND PROPOSED FOR THE CITY OF PALO ALTO BY THE BOARD OF FREEHOLDERS, ELECTED ON THE TWENTY-FOURTH DAY OF AUGUST, A. D. 1908. Charter of the City of Palo Alto Article I BOUNDARIES OF THE CITY The boundaries of the City of Palo Aho shall be as follows : All that certain land situated in the county of Santa Clara, State of California, included in the townsite map of the town of Palo Alto (formerly University Park) as laid down and designated upon a map of said town filed by Timothy Hopkins on the 27th day of February, A. D. 1889, in the office of the county recorder of said Santa Clara county, in book "D" of maps, page 69, and the pro- posed boundaries of the said municipal corporation are the boundaries of the said University Park (now Palo Alto) as set forth and particularly described upon said map, to wit : Commencing at the point of intersection of the center line of the San Francisquito creek with the northeasterly line of the right of way of the Southern Pacific Railroad ; thence southeasterly along said northeasterly line of said right of way of the Southern Pacific Railroad to the northwesterly line of the Embarcadero road ; thence northeasterly along said line of the Embarcadero road to the easterly line of block number one hundred eight (108) as designated upon said map; thence northerly along said easterly line of said block number 108 and the easterly line of block number 109 as laid down upon said map to the northerly line of block number 109; thence westerly along the northerly line of blocks numbers 109. 106, 105, 102 and loi as laid down on said map to a point on the said northerly boundary line of block loi, being upon an extension southerly of the easterly lines of blocks numbers 96 and 97 as laid down upon said map ; thence" northerly along the easterly lines of blocks numbers 97 and 96 aforesaid to the northerly line of a road (now known, as Channing lane) ; thence westerly along the northerly line of said road as laid down on said map and parallel to the northerly lines of blocks numbers 95 and 87 to the northeasterly line of Guinda street as laid down on said map ; thence along said line of Guinda street northwesterly to the easterly line of block number 83 as laid down on said map ; thence northerly along the east- erly lines of blocks numbers 83, 84, 85 and letters "H" and "G" as laid down on said map to the center line of the San Francisquito creek ; thence southwesterly mean- dering the center line of said creek to the point of com- mencement. Sec. 2. The boundaries above described may be al- tered, and the territory embraced therein may be added to or diminished in accordance with the laws of the State of California governino- the annexation and exclusion ot territory by municipalities. Article II POWERS The City of Palo Alto shall have and exercise the following powers : 1. To have perpetual succession. 2. To have and use a corporate seal and alter it at pleasure. 3. To sue and to be sued in all courts and places, and ill all actions and proceedings whatsoever. 4. To purchase, receive, have, take, hold, lease, use and enjoy property of every kind and description, both within and without the limits of said City, and to control and dispose of the same for the public benefit. 5. To receive bequests, devises, and donations of property of every kind, either absolutely or in trust for any purpose, and to do all acts necessary to carry out the purposes of such bequests, devises and donations, and to manage, control, sell or otherwise dispose of such property in accordance with the terms of such bequests, devises or donations. 6. To exercise police powers and make all necessary police and sanitary regulations, and to adopt ordinances and prescribe penalties for the violation thereof. 7. To levy and collect taxes and assessments, impose license fees for revenue or regulation, and provide all means for raising the revenue necessary for the City. 8. To borrow money, incur nuniicipal indebtedness and provide for the issuance of bonds or other evidences of such indebtedness. 9. To acquire, construct, maintain and operate all necessary works for the supplying- of the City and its inhabitants with water, light, heat, power, telegraphic and telephonic communication, and for the conveyance of passengers and freight over, under and upon public streets and rights of way secured therefor ; to fix rates for all commodities furnished or services rendered, and to dispose of commodities produced or render service in connection with such works outside of the boundaries of said City. 10. To improve the rivers, streams, bays, inlets and channels flowing through the City or adjoining the same ; to widen, straighten and deepen the channels thereof, and remove obstructions therefrom ; to control and im- prove the water front of the city ; to construct and main- tain embankments and other works to protect the City from overflow ; and to acquire, own, construct, maintain, and operate on any lands bordering on any navigable bay, inlet, river, creek, slough or arm of the sea, within the limits of the City or contiguous thereto, wharves, chutes, piers, breakw^aters, bath houses and life saving stations. 11. To establish and change the grade and lay out, open, extend, widen, change, vacate, pave, re-pave, or otherwise improve all public streets and highways and public places, construct sewers, drains and culverts, to plant trees, construct parking, and to remove shrubs and w^eeds ; to levy special assessments to defray the whole or any part of the cost of such works or improvements. Also to provide for the repair, cleaning and sprinkling of such streets and public places. 12. To acquire, construct and maintain all works necessary for the disposition of sewage, garbage and waste ; and to define and abate nuisances. 13. To establish and maintain hospitals, indigent homes, and all other charitable institutions. 14. To acquire and maintain parks, play-grounds, theaters, and places for recreation, and to establish boule- vards and regulate traffic thereon. 15. To acquire and maintain markets, baths, and ])ublic halls. 16. To establish and maintain schools, liln-aries, museums, gymnasiums, and to do all things to promote the education of the people. lO THE CITY OF PALO ALTO 17. To equip and maintain a fire department and to make all necessary regulations for the prevention of fires. 18. To acquire, construct and maintain all buildings necessary for the transaction of public business. 19. To exercise the right of eminent domain for the purpose of acquiring real and personal property of every kind for any public use. 20. To grant permits to use the streets or public property, revokable at any time without notice. 21. To regulate and establish rates and charges to be imposed and collected by any person or corporation for commodities or services rendered under or in connection with any franchise, permit or license heretofore or here- after granted by the town or city or other authority. 22. To exercise such other powers as are now or may be hereafter granted by the legislature to the munici- palities within the state unless the exercise of such powers is contrary to the provisions of this charter. 23. To exercise all other needful powers for the effi- cient adminstration of the municipal government, whether such powers are herein expressly enumerated or not. 24. Lastly, this grant of power is to be liberally con- strued for the purpose of securing the well being of the municipality and its inhabitants. Article III COUNCIL Sec. I. All powers herein granted to and vested in the City of Palo Alto shall, except as herein otherwise provided, be exercised by a council to be designated the Council of the City of Palo Alto ; and said council shall, except as herein otherwise provided, have the power to fix and establish the method and manner in which such powers shall be exercised. Sec. 2, Said council shall be composed of 15 mem- bers, each of whom shall have been an elector of the City of Palo Alto for at least three years next preceding his election. The members of said council shall be known as coun- cilmen, and their terms of office shall be six years, com- mencing on the first day of July next succeeding their election, except that the terms of those first elected and designated to serve as councilmen shall be as herein pro- vided. Skc. 3. On the second IMonday of May, 1909, an election shall be held within said City for the purpose of electing 15 members of said council. The 15 members elected at such election shall, at the first regular meeting in July, 1909, so classify themselves by lot that five of said members shall hold office for the term of two years ; five for the term of four years, and five for the term of six years. Thereafter on the second Monday in May of each odd numbered year, an election shall be held at which coun- cilmen shall be elected to succeed the members whose terms expire on the first day of July next following. SiiC. 4. All elections called and held in said City, shall be held and conducted in manner and form as re- quired by the general laws of the state governing elections within municipalities, provided, that after the first election the council nay provide that said elections may be held in such manner as said council may by ordinance deter- mine, or as may be provided by an ordinance adopted by the electors of said City as hereinafter provided. Sf.c. 5. Said council shall fix a time and place for its regular meetings and adopt rules to govern its pro- ceedings. Sec. 6. Eight members of the council shall be neces- sary to constitute a quorum for the transaction of busi- ness ; but a less number may adjourn from time to time and compel the attendance of absent members, and impose such fines as it may deem proper upon members refusing or neglecting to attend such meetings. Sec. 7. No ordinance shall be passed, no appoint- ment made, nor officer removed, no contract shall be awarded and no obligation incurred in excess of three hundred dollars ($300.00') without the affirmative vote of at least eight members of the council. Sec. 8. Said council shall elect one of its number as its presiding officer, who shall be known as mayor, and who shall serve for one yeir after his election. The said mayor shall preside at all meetings of the council, shall be the chief executive of the said City, and perform such other duties as may from time to time be assigned to him by the council. In all other respects he shall exercise the same duties as any other member of the council. Sec. 9. The council shall appoint or provide for the appointment of a clerk, treasurer, auditor, tax collector, assessor, attorney, and except as otherwise provided, such other officers as may be necessary for the trans- action of the aft'airs of the municipality. 12 THE CITV OF PALO ALTO Sec. io. A vacancy in the council shall be filled by the remaining- members of the council, and the appointee shall hold office until the first day of July succeeding the next election at which councilmen are to be elected. At the next election succeeding any vacancy a councilman shall be elected to serve for the unexpired term. Sec. II. The council shall by ordinance provide for the assessment, levy and collection of taxes, and shall act as a board of equalization in equalizing the value of pro- perty listed upon the assessment roll. During the month of September in each year, it shall levy such tax as may be necessary to raise revenue for the maintenance of the City and the several departments during the fiscal year, but such tax levy, for all municipal purposes, except the payment of interest and principal on the bonded debt, shall not oceed the sum of 85 cents upon each $100.00 of assesse 1 valuation as the same appears upon the assess- nT-.nt roll. If in the judgment of the council it should be necessary to provide a revenue in excess of the sum realized from the levy herein provided, the question of the levy of an additional tax shall be submitted to the electors, and a special election may be held for that purpose. The additional sum or rate required to be raised by such ad- ditional tax levy shall be expressed upon the ballot. If a majority of the votes cast upon such proposition shall be in favor of authorizing the council to levy such ad- ditional rate, then the council may levy the additional tax so authorized. Sec. 12. The council shall annually appropriate for the use of the several offices and departments, such sums as may be necessary to support the same during each year. Additional appropriations may be made from time to time in case of urgent necessity, by a vote of two-thirds of the members of the council. Article IV DUTIES OF OFFICERS Sec. I. Clerk. — It shall be the duty of the clerk to keep a true record of the proceedings of the council and of the several boards established by this charter and record the same in proper books kept for that purpose. He shall have power to administer oaths in connection with all matters relating to the municipality. CHARTKR 13 Si-:c. 2. Auditor. — It shall be the duty of the auditor to act as bookkeeper and accountant of the municipality and to record all financial transactions in books kept for that purpose. He shall draw warrants upon the treasurer for all claims against the City which have been allowed by the council and the several department boards. He shall render each month a statement to the council show- ing the financial condition of the City, and annually a like statement covering all of the financial transactions of the City during the year previous. Sec. 3. Tax Collector. — It shall be the duty of the tax collector to receive and collect all sums due the City for taxes and licenses and from other sources, and he shall pay all moneys received into the treasury of the City, within three days after the receipt thereof. Sec. 4. Treasurer. — The treasurer shall receive and safely keep all moneys belonging to the City and shall pay the same only upon warrants drawn by the auditor for claims which have been previously allowed either by the council or the several department boards, provided that the approval of the council or department boards shall not be necessary to pay the monthly salaries of officers and employees. The treasurer may deposit all or such por- tion of the public moneys as may be determined by the council in any bank within the City authorized by law to receive deposits of public money, in accordance with the provisions of the constitution and act of the legislature entitled : "An act to provide for and regulate the deposit of county and municipal moneys in banks and banking- corporations, limiting the amount of public moneys that may be deposited therein and providing a penalty for the illegal deposit and use thereof." (Approved March 23, 1907). And the provisions of such act, except as herein otherwise provided, are hereby made applicable to the government of the City of Palo Alto. Sec. 5. Assessor. — It shall be the duty of the assessor to make annually, between the first ]\Ionday of March and the first day of July next succeeding, a complete assess- ment of all property within the City, and shall upon said last named date turn over to the City council the assess- ment roll so prepared by him. He shall act as tax collector for the purpose of collecting taxes upon personal property when the same are unsecured by a lien upon real estate. Sec. 6. Attorney. — The attorney shall act as the legal advisor of the council, the several boards, and any officef of the City who requests his advice. He shall prepare all ordinances and contracts whenever required so to do by 14 THE CITY OF PALO ALTO the council or the several department boards. He shall prosecute all violators of the City ordinances and shall represent the City in all actions at law^. Sec. 7. The council may require any of the above officers to give official bonds in such sums as it may deem proper, and the council shall pay all premiums upon surety bonds when such bonds are given. It may pro- vide for the appointment of such deputies and assistants as may be required, and shall fix the compensation of such officers and such deputies and assistants. All of the above officers shall perform such other services as the council may require, and shall serve during its pleasure. Sec. 8. Whenever the public interest may require, the council may consolidate the following offices : (a) Clerk and auditor ; ( b ) Clerk and tax collector ; ( c ) Clerk and assessor ; (d) Clerk, auditor and assessor; (e) Auditor and assessor; (/) Auditor and tax collector; (g) Assessor and tax collector; (h) Treasurer and tax collector. Until the council shall by ordinance otherwise pro- vide, the following offices are hereby consolidated : (a) Clerk, auditor and assessor; (b) Tax collector and treasurer. Article V THE SEVERAL DEPARTMENTS Sec. I. The administration of the affairs of the City shall be divided among three departments, viz : (T ) The department of public works ; (2) The department of public safety ; (3) The department of public library. BOARD OF PUBLIC WORKS Sec. 2, The department of public works shall be under the management and control of a board of public works, which shall consist of three members, to be appointed by the council. They shall serve for the term of six years from and after their appointment unless sooner removed by a majority of said council ; provided, CHARTER 15 that the members tirst appointed shall classif}- themselves by lot so that the terms of the members shall expire, respectively, two, four and six years after their appoint- ment. \"acancies are to be filled by the council for the unexpired terms. The members of the board of public works shall receive no compensation. The board of public works shall have and exercise the powers and per- form the duties herein enumerated, to wit : 1. To construct, maintain and operate all necessary works for the supplying of the City and its inhabitants with water, light, heat, power, telegraphic and telephonic communication, and for the conveyance of passengers and freight over, under and upon the public streets and rights of way secured therefor ; to fix rates for all com- modities furnished or services rendered, and to dispose of commodities produced or render service in connection with such works outside of the boundaries of said City. 2. To improve the rivers, streams, bays, inlets and channels flowing through the city or adjoining the same ; to widen, straighten and deepen the channels thereof, and remove obstructions therefrom ; to control and improve the water front of the City; to construct and maintain embankments and other works to protect the City from overflow ; to construct, maintain and operate on any lands bordering on any navigable bay, inlet, river, creek, slough or arm of the sea, within the limits of the City or contigu- ous thereto, wharves, chutes, piers, breakwaters, bath houses and life saving stations. 3. To establish and change the grade and to lay out, open, extend, widen, change, vacate, pave, re-pave, or otherwise improve all public streets and highways and public places, to construct sewers, drains, culverts thereon, to plant trees, construct parking and remove shrubs and weeds. Also to provide for the repair, cleaning and sprinkling of such streets and public places. 4. To construct and maintain all works necessary for the disposition of sewage, garbage and waste. 5. To establish and maintain hospitals, indigent homes and all other charitable institutions. 6. To maintain parks, playgrounds, theaters and places for recreation, and to establish boulevards and regulate traffic thereon. 7. To construct and maintain markets, baths and public buildings other than school and library buildings. Sec. 3. Whenever any street work or other improve- ment is to be done or performed and the cost of the whole or any portion thereof is to be paid by any special l6 THE CITY OF PALO ALTO assessment levied upon property, all such proceedings shall be had and carried on by the council upon the recommendation of the board of public works. Sec. 4. The board of public works shall appoint as its executive officer a competent engineer, and upon the latter's recommendations such other employees as are necessary to supervise, manage and construct, operate and maintain the properties and things under the con- trol of said board, and shall fix the compensation for all employees. The engineer so appointed shall be the City engineer and street superintendent, and shall, in addition to his other duties, — 1. Advise the council and the several department boards upon all matters of an engineering nature. 2. Supervise the construction and have charge of ad- ditions and repairs of all public buildings irrespective of departments. Sec. 5. Board of piiblic safety. — The department of public safety shall be under the management and control of a board of public safety, which shall consist of three members, to be appointed by the council. They shall serve for the term of six years from and after their appointment unless sooner removed by a majority of said council; provided, that the members first appointed shall classify themselves by lot so that the terms of the members shall expire respectively two, four and six years after their appointment. Vacancies are to be filled by the council for unexpired terms. Members of the board of public safety shall receive no compensation. Sec. 6. The board of public safety shall have and exercise the powers and perform the duties herein en- umerated, to wit : 1. To enforce all police and sanitary ordinances and regulations adopted by the council. 2. To have charge of the police department. 3. To maintain and have charge of the fire depart- ment and provide rules for its government ; to establish all needful regulations necessary to preserve the health of the City, and to exercise the powers and perform the duties of boards of health as prescribed by the laws of the State of California. 4. To establish and maintain a public pound. 5. It shall appoint such officers and employees as may he necessary, determine their duties and fix their compensation. Sec. 7. Library board. — The department of public CHARTER 17 library shall be under the management and control of a library board, which shall consist of three members, to be appointed by the council. They shall serve for the term of six years from and after their appointment, unless sooner ren:oved by a majority of said council ; provided, that the members first appointed shall classify themselves by lot so that the terms of the members shall expire respectively two, four and six years after their appoint- ment. Vacancies are to Le filled by the council for unex- ■pired terms. Members of the library board shall receive no compensation. The library board shall have and exer- cise the powers and shall perform the duties herein en- umerated, to wit : 1. To manage and control public libraries, reading rooms, museums and art galleries that are now or may hereafter be established, to maintain buildings necessary for the purposes above set forth. 2. To employ librarians, assistants, and such other employees as may be deemed necessary. Sec. 8. All of the above boards shall have authority to make all contracts necessary for the full exercise of the powers respectively conferred, but shall have no authority to incur a debt or obligation in excess of any fund or appropriation made by the council. Sec. 9. Said boards shall perform all other duties assigned to them by the council, whether such duties are herein expressly enumerated or not. Sec. 10. In case the council shall for a period of tjyenty days fail to appoint the boards provided for in this article, or any member thereof, then it shall be the duty of the mayor to make such appointment. Article \^I BOARD OF EDUCATION Sec. I. The school department of the City of Palo Alto shall comprise all the schools within the town of Palo Alto, the Palo Alto school district, and all the terri- tory that is now or may hereafter be annexed for school purposes ; and shall consist of primary, grammar, and high schools as now established and such other schools as may hereafter te established, under the provisions of this charter; and shall be known as "Palo Alto City School District," which shall succeed to all the obligations, prop- erty rights, and privileges of the Palo Alto school district. 1 8 THE CITY OF PALO ALTO Sec. 2 All territory included within the limits of the Palo Alto City school district, but not within the City limits, shall be deemed a part of said City for the purpose of holding the general numicipal elections and shall con- stitute one or more separate election precincts, and the qualified electors therein shall vote only for the board of education and on questions submitted to a vote of the people pertaining to school matters ; and said outside territory shall be deemed a part of said City for all matters connected with the school department and with the levy- ing and collecting of all taxes for school purposes. Sec. 3. The board of education shall consist of five members, who shall have been residents of the school district for at least three years immediately preceding their election, and who shall serve without compensation ; provided, the board of trustees of the Palo Alto school district shall be and constitute the board of education herein provided for and shall exercise the powers hereby conferred thereon until the election of their successors at the election provided for in section 4 of this article. Sec. 4. The board of trustees of Palo Alto school district shall order and provide for an election to be held in said district on the third Saturday of April in the year 1509, for the election of a board of education. The mem- bers so elected shall classify themselves by lot so that the terms of the members shall expire respectively one, two, three, four and five years after the first day of May, 1909. Sec. 5. The term of office of the members of the board of education, excepting as provided in section 4 of this article, shall be five years from and after the first day of ]\Iay succeeding their election. Sec. 6. An election shall be held on the third Satur- day of April, 1910, and on the third Saturday of April of each year thereafter for the election of a member of said board for the full term and for any unexpired term that may exist. Sec. 7. Said board of education shall have and exer- cise all the powers conferred upon boards of trustees and boards of education by the laws of the State of California, and in addition thereto shall have power : 1. To annually appoint a superintendent of schools, defi:ie his duties and fix his compensation. 2. To provide a system of tenure of employment and compensation of teachers, but teachers shall be liable to removal at any time when the welfare of the schools demands such removal. CHARTER 19 3. To provide for the establishment of kindergartens, manual training schools, night schools, technical schools, and to prescribe the studies to be taught therein. 4. To construct school buildings when necessary, and no special election need be held to authorize such con- struction. 5. To provide free text-books when authorized so to do by the electors voting on such proposition. 6. To prescribe the requirements for graduation from the public schools and issue certificates of graduation. 7. To provide the manner in which all elections shall be held and conducted for the election of members of said board and such special elections as may be authorized by law. 8. To receive bequests, devises and donations of prop- erty of every kind, either absolutely or in trust for any purpose, and to manage, hold or dispose of such property in accordance with the terms of any bequest, devise or donation. 9. To fill any vacancy in the membership of the board by appointment, the person appointed to hold office until the first day of May following the next election held for the election of members of such board. At the next election succeeding any vacancy a member shall be elected to serve for the unexpired term. Si-:c. 8. The board of education shall determine an- nually the amount of money necessary to be raised by taxation for the maintenance of the public schools, in ad- dition to the amount of money to be received from the state and county; and the board shall, on or before the first day of September of each year, submit in writing to the board of supervisors of Santa Clara County, a careful estimate of all money required to be raised by taxation in addition thereto, and said estimate shall state separately the amount required to be raised by taxation upon prop- erty within the school district for the support of high schools, and the amount required to be raised by taxation upon the property of the school district, for the support of the schools other than high schools ; and the board of supervisors of Santa Clara County shall, and they are hereby authorized and directed, in each year when fixing the annual tax rate to levy and assess as a school tax for the maintenance of high schools, such amount as the board of education shall report necessary for that pur- pose, and shall levy and assess as a school tax for the support and maintenance of the schools other than high schools, such amount as the board of education shall 20 THE CTTV OF PALO ALTO report to be necessary for that purpose. In addition to the taxes levied for the support and maintenance of the schools, the board of supervisors shall annually levy a tax sufficient to pay the principal and interest on all out- standinsr 1 onds of the Palo Alto school district. Article VII POLICE COURT Sec. I. There is hereby created, in and for the City of Palo Alto, a court which shall be known as the police court of the City of Palo Alto. Said court shall consist of one judge, who shall be appointed by the council, and who shall serve during its pleasure and who shall receive such compensation as the council shall determine. Sec. 2. Said court shall have exclusive jurisdiction: ( 1 ) In all prosecutions for violations of the City ordi- nances. (2) In all actions for the recovery of any fine, penalty or forfeiture, and the enforcement of any obligation or liability prescribed or created by the City ordinances and in which the sum sued for does not amount to three hundred dollars. Sec. 3. Within the City limits said court shall have concurrent and co-ordinate jurisdiction with township justices' courts in all matters and things in which said justices' courts now or may hereafter have jurisdiction; and the judge of said police court shall have as aforesaid like authority, power and jurisdiction as the justices of said justices' courts. Sec. 4. Appeals may be taken to the superior court of the State of California, in and for the county of Santa Clara, from the judgments and orders of said police court, in all cases in which appeals now are or may hereafter be provided by law to be taken to said superior court from said justices' courts and police courts. Sec. 5. In all proceedings in and appeals from said police court, the pleadings, practice, procedure and laws, now applicable or that may hereafter be made applicable to said justices' or police courts, are hereby adopted and made applicable to said police court. Sec. 6. All fines and other moneys received or col- lected by the judge of said police court, for or on account of the City of Palo Alto, shall be paid into the City treasury on the first Monday in each month. Sec. 7. All actions and proceedings pending- and undetermined in the existing recorder's court of the town of Palo Alto shall be proceeded with, heard, tried, and determined in said police court hereby provided for, before said judge, the same as if said actions or pro- ceedings had been originally commenced in said police court. Article VIII THE RECALL, IXITIATIX'E AND REFERENDUM Sec. I. Any elective officer may be removed by the electors qualified to vote for the successor of the officer sought to be removed. The procedure to effect the re- moval of an incumbent of an elective ofiice shall be as follows : \ petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least twenty per centum of the en- tire vote cast at the last preceding general municipal elec- tion, demanding an election of a successor of the incum- bent sought to be removed, shall be filed with the clerk, and said petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but said petition may be presented in sec- tions. The number of signatures to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified voter or taxpayer of the muni- cipality shall be competent to solicit said signatures. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating that all the signatures to the attached section were made in his presence, and that to the best of his knowledge and belief each signature to the section is the genuine sig- nature of the person whose name purports to be thereunto subscribed, and no other affidavit thereto shall be re- quired. Each signature, the genuineness of which is not called in question by the sworn afihdavit of the alleged owner thereof, shall be presumed to be genuine. Unless and until it be proven otherwise by official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters. Each signer of said petition shall add to his signature his place of residence, giving the street and number. Within ten davs from the date of filing such petition. 22 THE CITY OF PALO ALTO the clerk shall examine and ascertain from the records of registration whether or not said petition is signed by the requisite number of electors entitled to vote, and if necessary the council shall allow the clerk extra help for that purpose, and the clerk shall attach to said petition his certificate showing the result of said examination. If, by the said certificate, the petition is shown to be in- sufficient, it may be amended by additional signatures within ten days from the date of said certificate. The clerk shall, within ten days after such amendment, make like examination of the amended petition, and if his cer- tificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient, the clerk shall submit the same to the council without delay, and the council shall thereupon order and fix a date for hold- ing the said election, not less than thirty days nor more than forty days from the date of the clerk's certificate to the council that a sufficient petition is filed. All arrangements for said election shall be made and the same shall be conducted, returned, and the results thereof declared, in all respects as are all other municipal elections ; provided, that if there be any conflict of pro- visions, this charter shall control. Any person sought to be removed may be a candidate to succeed himself, and. unless he requests otherwise, in writing, the clerk shall place his name on the official ballot without nomination. In any such removal elec- tion, the candidate or candidates receiving the highest number of votes shall be declared elected. At such elec- tion, if some person other than the incumbent receives the highest number of votes, the incumbent shall there- upon be deemed removed from his office upon qualifi- cation of his successor. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of election, the office shall be deemed vacant. If the incumbent receives the highest number of votes he shall continue in office. In case more than one councilman is sought to be removed, whose terms' shall not expire at the same time, there shall appear on the ballot the date of the expiration of the respective terms, and the offices to be filled for such different terms shall be deemed separate and distinct offices to be filled at such election. CHARTER ' 23 Sec. 2. Any proposed ordinance may be submitted to the council by a petition signed by qualified and regis- tered electors of the city equal in number to the percent- age hereinafter required. The petition shall set forth a copy of the proposed ordinance, and the form of such petition, signatures, verifications, and duties of the clerk in respect thereto, provided in section i of this article for petitions for recall shall apply to petitions of initiative. If the petition accompanying the proposed ordinance be signed by qualified and registered electors ecjual in number to ten per centum of the entire vote cast at the last preceding general election, the council must either pass such ordinance without alteration or submit the same to the electorate at the next general municipal elec- tion that shall occur at any time after thirty days from the date of the clerk's certificate of sufficiency. But if such petition is signed by qualified and registered elec- tors equal in number to twenty per centum of said vote and contains a request that such ordinance be submitted to a vote of the people at a special election, then the council must either pass the ordinance without alteration or submit the same to the electorate at a special election to be called within sixty days from the filing of such petition. The ballots used when voting upon such proposed ordinance shall contain the words "For the Ordinance," and "Against the Ordinance" (stating the nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City. The council may at such election submit any amendment thereto that it may deem proper, and the ballots used at such elec- tion shall contain the words "For the Amendment," or "Against the Amendment," or ordinance (naming the ordinance), and also stating the nature of the proposed amendment. If a majority of the qualified electors voting on said proposed amendment shall vote in favor thereof, such ordinance shall thereupon be deemed amended in accordance therewith. The council may also propose and submit any ordinance to the electors, and such ordinance, upon receiving a majority of the votes of the electors voting thereon, shall be deemed to have been adopted and shall be the valid and binding ordinance of the City. Any ordinance adopted by the electors un- der the provisions of this article can not be repealed or amended, except by a vote of the people obtained in the 24 THE CITY OF PALO ALTO manner hereinbefore stated, unless such ordinance shall Otherwise provide. Any number of proposed ordinances may be voted upon at the same election in accordance with the pro- visions of this section ; provided, that there shall not be held under this section of the charter more than one special election in any period of twelve months. Sec. 3. Any ordinance or resolution, other than such as may be required to be passed at a particular time or for the purpose of complying with a charter or statu- tory law, and excepting such ordinances or resolutions as may be declared by the council to be necessary as emerg- ency measures for the immediate preservation of the public peace, health or safety, shall be subject to a refer- endum as herein provided ; provided further that the petition for such referendum be filed within sixty (60) days from the final passage of such ordinance or reso- lution. Whenever a petition shall be presented to the coun- cil, asking that a particular ordinance or resolution named therein be submitted to a vote of the electors, and signed as recjuired for an initiative petition in section 2 of this article, it shall be the duty of the council to submit the question of the approval or rejection of such ordi- nance or resolution to the electors at a regular or special election ; and until such election is held and the ordinance approved by the electors the provisions of such ordi- nance or resolution shall be suspended and be inoper- ative. All the proceedings relative to the submission of or- dinances by initiative shall apply to ordinances submitted by a referendum petition, and the vote thereon shall be of the same force and efl:'ect as provided in section 2. Article IX MISCELLANEOUS Sec. I. The ordaining clause of all ordinances adopted by the council shall be, "The council of the City of Palo Alto do ordain as follows," and the ordaining clause of all ordinances adopted in accordance with the provisions of article VIII shall be, "The people of the City of Palo Alto do ordain as follows." Sec. 2. No franchise shall be granted by the council, but may be granted by the electors by ordinance proposed CHARTER 25 and adopted as provided in section 2 of article VIII of this charter ; provided, that the petition therefor shall be signed by qualified and registered voters equal in number to at least twenty per centum of the votes cast at the last preceding general municipal election ; and provided fur- ther, that no franchise shall be granted for a longer term than twenty-five years. Sec. 3. No officer of the City shall be interested in any contract entered into by the City, and the general laws of the state forbidding city officials to be so inter- ested is hereby made a part of this charter. Sec. 4. The council shall publish annually a finan- cial report of the City and furnish a copy thereof to each taxpayer residing therein. Sec. 5. The revenue of each public utility shall be kept in a separate fund from all other receipts and shall be used for the purposes and in the order as follows : 1 . For the payment of the operating and maintenance expenses of such utility. 2. For the payment of interest on the bonded debt in- curred for the construction or acquisition of such utility. 3. For the payment of the principal of said debt, as it may become due. 4. The remainder shall be paid into the general fund. Sec. 6. No ballot used at any municipal election shall contain any reference to a political party, and no designation or symbol shall be placed in connection with the name of any candidate. y\ny person otherwise quali- fied may be a candidate for an elective office at any elec- tion, regular or special, by filing with the clerk, not less than ten days prior to the day of election, a petition signed by qualified and registered voters equal in number to three per centum of the votes cast at the last general municipal election. Sec. 7. No member of the council shall hold any other municipal office, or hold any office or employment the compensation of which is paid out of the municipal moneys ; or be elected or appointed to any office created or the compensation of which is increased by the council while he was a member thereof, until one year after the expiration of the term for which he was elected. Sec. 8. No person, firm or corporation shall ever exercise any franchise, license, permit, easement, privil- ege or other use, except in so far as he or it may be en- titled to do so by direct authority of the constitution of the State of California, or of the constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless 26 THE CITY OF PALO ALTO he or it shall have first obtained a grant therefor in accordance with the provisions of this charter. Sec. 9. Liens for taxes levied shall attach to the property charged therewith on the first Monday in March at 12 o'clock M. Article XI AMENDMENTS Sec. I. This charter may be amended at intervals of not less than two years by proposals therefor, submitted by the council to the qualified electors of the City at a general or special election, held at least forty days after the publication of such proposals for twenty days in a daily newspaper of general circulation in said City and ratified by a majority of the electors voting thereon, and approved by the legislature as provided in the constitution of the State of California. Whenever fifteen per centum of the qualified voters of the City shall petition the coun- cil to submit any proposed amendment or amendments to this charter to the qualified voters thereof for approval the council must submit the same. In submitting any such amendment or amendments to the charter any alter- native article or proposition may be presented for the choice of the voters and may be voted on separately with- out prejudice to the others. Sec. 2. The petition herein provided for must be made, presented, examined, and certified to in the man- ner and form required for petitions in section i of article VIII of this charter. Sec. 3. The council must make all necessary pro- visions for submitting the proposed amendments to the electors, and shall canvass the votes in the same manner as in other elections. Sec. 4. The ballots used at such elections shall con- tain the words "For the Amendment" and "Against the Amendment" (stating the nature of the proposed amend- ment ) . Article XII This charter shall take effect at noon on July i, 1909; provided that all provisions relative to public schools, to elections, the Cjualifications of candidates, the nomination CHARTER 27 of candidates for public office shall be operative upon the approval of this charter by the legislature, and the board of trustees of the town of Palo Alto are hereby directed to provide for all elections provided herein to be held prior to the first day of July, 1909, and to issue certificates of election to the persons elected to the office of coun- cilmen. 'All the present officials of the town of Palo Alto shall continue to perform the duties now required of them until their successors are appointed and qualified as in this charter provided. CERTIFICATE Whereas, The town of Palo Alto, a city of more than three thousand five hundred inhabitants, did on the twenty- fourth day of August, A. D. 1908, have a special election, and under and in accordance with the provisions of sectio.i 8, article XI of the constitution of the State of California, elect the undersigned, a board of fifteen freeholders, to prepare and propose a charter for said City; Be it known. That in pursuance of said provisions of the constitution of the State of California, and with- in a period of ninety days after such election, we, the members of the said board of freeholders, have prepared and do hereby propose the foregoing articles signed in duplicate, as and for the charter of the said City of Palo Alto. In Witness Whereof, we have hereunto set our hands, at the town of Palo Alto, county of Santa Clara, in the State of California, this twentieth day of Novem- ber, A. D. 1908. MARSHALL BLACK, President C. E. JORDAN, Secretary WALTER E. VAIL E. C. THOITS S. W. CHARLES BENJAMIN P. OAKFORD A. N. UMPHREYS H. W. SIMKINS STANLEY FORBES CHAS. B. WING JOHN T. COULTHARD C. S. DOWNING C. B. STINSON 28 THE CITY OF PALO ALTO ADDITIONAL PROPOSITION SUBMITTED TO A VOTE OF THE PEOPLE AND PROPOSED TO BE INCORPORATED IN THE CHARTER FOR THE CITY OF PALO ALTO. PROPOSITION 1 Article X ALCOHOLIC LIQUORS Sec. I. It shall be unlawful for any person or per- sons, firm, corporation, club or association or member of such club or association to establish, carry on, keep or maintain a place where spirituous, vinous, malt or in- toxicating liquors or any admixture thereof or any al- coholic drinks whatsoever are sold, kept for sale, ofifered for sale, furnished, distributed, divided, delivered or given away. Sec. 2. It shall be unlawful for any person, either as owner, employer, agent, servant, clerk or employe, to sell or deliver any of the liquors herein mentioned, or to solicit the sale of or take orders for the same within the limits of the city of Palo Alto. Sec. 3. It shall be unlawful for any person directly or indirectly, to keep or maintain, by himself or by as- sociating or combining with others, or in any manner to aid, assist or abet in keeping or maintaining any club room or other place within the City of Palo Alto, in which any intoxicating liquors are kept for the purpose of gift, barter or sale, or for distribution among the members of any club or association. Sec. 4. Any violation of the foregoing provisions in this section shall constitute a misdemeanor, punishable upon conviction by a fine of not more than $300.00 or by imprisonment in the City jail for a period of not more than three months, or by both such fine and imprison- ment. Sec. 5. The council may by proper ordinance pro- vide additional penalties, not inconsistent with the law, for the violation of the provisions of this section and may adopt such further restrictions as will make the said provisions effective. Sec. 6. Nothing in this article shall be held or CHARTER 29 construed as prohibiting the sale or use of alcohoHc liquor for medicinal, industrial, sacramental or scientific purposes, but the council shall impose such regulations governing such sale and use of such liquors as will pre- vent the violation or evasion of the provisions of this article. CERTIFICATE Whereas, The town of Palo Alto, a city of more than thirty-five hundred inhabitants, did on the twenty- fourth day of August, A. D. 1908, have a special election, and in accordance with the provisions of section 8, article XI of the constitution of the State of California, elect the undersigned, a board of fifteen freeholders, to pre- pare a proposed charter for said City ; Be it known, That in pursuance of said provisions of the constitution of the State of California and within a period of ninety days after such election, we, the mem- bers of said board of freeholders, have prepared and do hereby propose the foregoing additional article signed in duplicate as and for a part of the charter of the said City of Palo Alto, to be presented for ihe choice of the voters of the City of Palo Alto and to be voted on separately without prejudice to said proposed charter or to any or either of the articles or propositions herewith presented. In Witness Whereof, we have hereunto set our hands, at the town of Palo Alto, county of Santa Clara, in the State of California, this twentieth day of Novem- ber, A. D. 1908. MARSHALL BLACK, President C. E. JORDAN, Secretary WALTER E. VAIL E. C. THOITS S. W. CHARLES BENJAMIN P. OAKFORD A. N. UMPHREYS H. W. SIMKINS STANLEY FORBES CHAS. B. WING JOHN T. COULTHARD C. S. DOWNING C. B. STINSON Filed November 21. 1908. at 8:30 a.m., with Charles D. Marx, president of the board of trustees of the town of Palo Alto. 30 THE CITY OF PALO ALTO MEMORANDUM The first official publication of the foregoing charter was made in the Daily Palo Alto Times, a daily news- paper of general circulation, on Tuesday, December 8, 1908, in accordance with a resolution adopted by the board of trustees of the town of Palo Alto on Tuesday, December i, 1908, and by direction of the president of said board and the town clerk as provided for in said resolution. State of California, ( gg County of Santa Clara ^ " I, Charles D. Marx, president of the board of town trustees of the town of Palo Alto, California, do hereby certify that I now am and at all of the times herein men- tioned was the duly elected, qualified and acting president of said board of town trustees of the town of Palo Alto ; that the board of freeholders whose names appear signed to the foregoing proposed charter and the alternative proposition were, and each of them was, on the 24th day of August, A. D. 1908, at a special municipal elec- tion held in said town of Palo Alto, on said last named day, duly elected by the qualified voters of said town as such freeholders, to prepare and propose a charter for said town ; that each of the persons so elected was a free- holder and was at the time of said election, and had been continuously for more than five years immediately prior thereto a qualified elector of the said town of Palo Alto ; that said board of freeholders, in accordance with law, prepared and proposed a charter and prepared and pro- posed the foregoing alternative proposition for said town, in duplicate ; that the foregoing is a full, true and correct copy of said proposed charter of the said town of Palo Alto, including the said alternative proposition I, which were prepared and proposed by said board of freehold- ers, one copy of which said proposed charter and of said proposed alternative proposition was duly returned to me as president of the said board of town trustees of the town of Palo Alto, and the other copy thereqf was duly re- turned to and filed with the recorder of the county of Santa Clara, all within ninety^ days after said election, as required by section eight of article eleven of the consti- tution of this state; that such proposed charter and the CHARTER 31 said alternative proposition I, were then published in the Daily Palo Alto Times (the same being a daily newspaper of general circulation in said town) for more than twenty days, and the first publication thereof was made within twenty days after the completion of said proposed charter and said alternative proposition ; that within thirty days after the publication of said proposed char- ter and said alternative proposition I as aforesaid, and as required by said section eight of the constitution, to wit: On the 21st day of January, A. D. 1909, said pro- posed charter and said alternative proposition I, were submitted to a special municipal election duly held in the said town of Palo Alto, for the purpose of ratifying or rejecting said proposed charter and the said alter- native proposition. That said proposed charter as a whole and the said alternative proposition were duly ratified at said last mentioned election by the majority of the votes of the qualified electors of said town voting thereon, and that the returns of said last mentioned election were duly canvassed by the board of town trustees of said town of Palo Alto on the 2nd day of February, A. D. 1909, and the result thereof declared as above set forth. And I further certify that all the times herein men- tioned said town of Palo Alto contained a population of more than three thousand five hundred, and that in all matters and things pertaining to said proposed charter and the said alternative proposition, the provisions of section eight of article eleven of the constitution and of the laws of the State of California pertaining to the adoption of said proposed charter and the said alternat- ive proposition have, in every particular, been fully com- plied with. In witness whereof, I have hereunto set my hand and affixed the corporate seal of said town this 2nd day of February, A. D. 1909. CHAS. D. MARX, President of the Board of Town Trustees [seal] of the Town of Palo Alto. Attest: C. H. JORDAN, Town Clerk and ex-officio Clerk of the Board of Town Trustees of the Town of Palo Alto. 32 THE CITY OF PALO ALTO JOINT RESOLUTION OF THE LEGISLATURE OF THE STATE OF CALIFORNIA, APPROV- ING THE FOREGOING CHARTER OF THE CITY OF PALO ALTO Now, therefore, be it Resolved by the Senate of the State of California, the Assembly thereof concurring (a majority of all the mem- bers elected to each house voting for the adoption of this resolution and concurring therein), That said char- ter of the City of Palo Alto including said additional proposition No. I, as presented to and adopted and rati- fied by the electors of said town of Palo Alto as herein above set forth, be and the same is hereby approved as a whole, as and for the charter of said City of Palo Alto as aforesaid. AMENDMENTS TO CHARTER OF THE CITY OF PALO ALTO Approving Ten Certain Amendments to the Char- ter OF THE City of Palo Alto, County of Santa Clara, State of California, Voted for and Rati- fied BY THE Qualified Electors of the said City of Palo Alto^ at a Special Municipal Election Held Therein for That Purpose on the First Day of February, 1911. (Adopted March 24, 1911) Whereas, The City of Palo Alto, in the County of Santa Clara, State of California, contains a population of more than thirty-five hundred inhabitants, and has been ever since the year 1909, and is now, organized and acting under a freeholders' charter, adopted under and by virtue of section eight of article eleven of the consti- tution of the State of California, which charter was duly ratified by a majority of the qualified electors of said City, at a special election held for that purpose on the 2 1 St day of January, A. D. 1909, and approved by the legislature of the State of California on the 20th day of February, 1909 (Statutes of 1909, page 1175) ; and Whereas, The City council of the said City of Palo Alto did by ordinance duly adopted by said City council and approved by the mayor of said City on the 22nd day of November, 1910, and pursuant to section 8 of article II of the constitution of the State of California, duly propose to the qualified electors of said City of Palo Alto, certain amendments to the Charter of said City of Palo Alto, to be submitted to the said qualified electors at a special municipal election to be held in said City on the first day of February, 191 1 ; said amendments being six- teen in number ; and Whereas, Said proposed amendments were, and each of them was, published for twenty days in a daily news- paper printed and published in said City of Palo xA.lto, and having a general circulation therein, to wit: The Daily Palo Alto Times ; said publication beginning on the 23rd day of November, 1910, and ending the i6th day of December, 1910; and 34 THE CITY OF PALO ALTO Whereas, The City council of said City did by said ordinance, duly adopted by said City council and approv- ed by the mayor of said City, order the holding of a spe- cial municipal election in said City of Palo Alto on the first day of February, 191 1, said day being at least forty days after the publication of said proposed amendments for twenty days in said daily newspaper of general cir- culation in said City of Palo Alto, to wit : The Daily^ Palo Alto Times ; and did provide in said ordinance for the submission of the proposed Charter Amendments numbers i, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, and alternative amendments numbers 3, 4 and 5, to the qualified electors of said City for their ratification at said election ; and Whereas, Said election was duly called and held on said I St day of February, 191 1, and at said election a majority of the qualified electors voting thereon voted in favor of the ratification of and did ratify ten of the pro- posed amendments to said charter ; and Whereas, The City council of the said City of Palo Alto in accordance with the law in such cases made and provided, did meet on Wednesday, the 8th day of Feb- ruary, 191 1, at their usual time and place of meeting, and duly canvas the returns of said election as certified by the election boards, and duly found, determined and de- clared that a majority of the qualified electors of said City voting thereon had voted for and ratified ten of said proposed Amendments to the Charter of said City of Palo Alto ; and Whereas, The council of the City of Palo Alto are in doubt as to the legality of the ratification and adoption of Amendment number seven, owing to an error in the instructions to voters on said specific Amendment num- ber seven ; therefore said Amendment number seven is herein set forth as a distinct and separate amendment for the consideration of the legislature without prejudice to the nine other amendments herein set forth ; That said Amendment number seven is in words and figures as follows, to wit : Charter Amendment Number Seven Section 7 of article 9 of the Charter of the City of Palo Alto shall be amended to read as follows : No member of the council shall hold any ofiice or employment the compensation for which is paid out of municipal moneys ; or be elected or appointed to any AMENDMENTS TO CHARTER 35 office created, or the compensation of which is increased by the council while he was a member thereof, until one year after the expiration of the term for which he was elected. Whereas, The said nine subsequent amendments to the charter so ratified by a majority of the qualified elect- ors of said City voting at said election are in words and figures as follows, to wit : Charter Amendment Number Eight Article 9 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section, to be known as section 10, and to read as follows : Sec. 10. In the erection, improvement and repair of all public buildings and works, in all street and sewer work, done under and by authority of the laws of the State of California creating a bonded indebtedness of the municipality, or done under and by authority of any of the street laws of the State of California, which laws are hereby made a part of this Charter, the work shall be let to the lowest responsible bidder ; provided, how- ever, the council may reject any and all bids if deemed excessive, and readvertise for bids or provide for the work to be done by the Department of Public Works. In case no bid is received, the council may likewise provide for the work to be done by the Department of Public Works. When the estimate of the cost of said work by the City engineer shows that said work can be done for an equal or less cost than that of the lowest bid, then any of the work herein mentioned may be done by the Depart- ment of Public Works, and the said department shall be deemed the contractor, with the right to enforce all liens, and with the same powers, rights, duties and obligations as are made and provided by the laws of the state for contractors who have entered into contracts to do such work as the lowest responsible bidder. The council shall have power to adopt ordinances for the purpose of carrying out these provisions, and such ordinances shall be supplemental to the existing laws of the State, and shall have the same force and efifect. Charter Amendment Number Nine Article 9 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section to be known as section 11, and to read as follows: 36 THE CITY OF PALO ALTO Skc. II. Upon a petition of the owners of the ma- jority of the frontage abutting upon any street or part thereof, the council shall have the power by ordinance to require, or provide, or adopt general law or laws for the planting, maintenance, or care of grass plots between the sidewalk and roadway in such street or part thereof, and to make the cost thereof a lien and charge upon the abut- ting property, and to make provisions for the enforce- ment of such liens by the sale of property or otherwise. Charter Amendment Number Ten Article 9 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section, to be known as section 12, and to read as follows : Sec. 12. The council shall have power, by ordi- nance, to require or provide for the removal of grass, weeds or other obstructions from the sidewalks, park- ings or streets and to make the cost of same a lien or charge against the abutting property, and to make pro- vision for the enforcement of such liens by the sale of property or otherwise. Charter Amendment Number Eleven Article 9 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section to be known as section 13, and to read as follows: Sec. 13. The council shall have power, by ordinance, to require or provide for the removal from property, lands, or lots, all weeds, rubbish or other material which may endanger or injure neighboring property, or the health or welfare of the residents of the vicinity, and to make the cost thereof a lien or charge upon such proper- ty, lands, or lots, or otherwise. Charter Amendment Number Twelve Article 9 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section to be known as section 14, and to read as follows : Sec. 14. The council shall have the power, by ordi- nance, to enforce the laying of sewer, water or gas pipes or other mains or conduits on streets to be improved be- fore the same are improved ; and to require the owners of real property fronting upon any street, lane, alley, or other public place, in which there are or in which it is AMENDMENTS TO CHARTER 37 proposed to be constructed, sewer, water or gas pipes, or other mains or conduits, to connect their several prem- ises therewith, or to cause such connection to be made, and to make the cost of same a lien upon the property so connected, and to make provision for the enforcement of such Hen by the sale of property or otherwise. Charter Amendment Number Thirteen Article 9 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section to be known as section 13a, and to read as follows: Sec. 13a. The City of Palo Alto shall have the power to repair or improve all streets or avenues in said city upon which street railway tracks are laid between the rails of said tracks and for two feet on either side thereof ; said City shall also have the power to repair all excavations made in streets by any public service cor- poration, company or person. All said work done by the City on account of street railways or excavations to be a lien upon any property of the corporation, company or person on whose account the work is done. The person, company or corporation owning or oper- ating any street railway in said City shall pay to the City one-third of the annual cost of watering, oiling, or other- wise treating such streets for laying dust thereon. The council shall have power to adopt ordinances for the purpose of carrying out and enforcing this provision. Charter Amendment Number Fourteen Article 8 of the Charter of the City of Palo Alto shall be amended by adding a new section thereto to be known as section 4, and to read as follows : Sec. 4. The majority vote of the electors required to pass an initiative ordinance, as provided by section 2 of this article, shall be not only a majority of the votes cast on the ordinance, but shall be an affirmative vote on such ordinance equal to a majority of the total number of those cast at the last preceding general municipal election. Charter Amendment Number Fifteen Article 7 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section to be known as section 8, and to read as follows : 38 THE CITY OF PALO ALTO Sec. 8. The judge of said police court shall have power to administer oaths, take and certify affidavits in the same manner and like effect as justices of peace. He shall have and use a seal, on which shall be engraved the arms of the State and the words "J^^^ge of the Po- lice Court of the City of Palo Alto." He shall have power to issue warrants, writs and summons in all respects as if issued by the justice of peace. Any warrant, writ or summons issued out of said court may be served in any county of the state provided that there is attached to it a certificate under seal by the county clerk of Santa Clara County to the efifect that the person issuing same was the acting judge of said court at the time of the issuance of said process. Any justice of peace of Palo Alto township shall pos- sess the same powers herein conferred upon the police court of said City, and in case of the disability or ab- sence, or upon the request of the judge of said court, shall act as judge of said court; but the authority herein conferred upon said justice of the peace shall not be construed as impairing, reducing or taking from the police judge any right, power or jurisdiction vested in him. Charter Amendment Number Sixteen Article 7 of the Charter of the City of Palo Alto shall be amended by adding thereto a new section, to be known as section 9, and to read as follows: Sec. 9. The chief of police shall be appointed by the Board of Public Safety. He shall have the same powers that are now, or may be hereafter, conferred up- on sheriffs by the laws of the State, and shall in all re- spects be entitled to the same protection. He shall serve, and is hereby authorized to execute and return all pro- cesses, both civil and criminal, issued and directed to him by any legal authority ; and Whereas, The said proposed Amendments to the Charter of the City of Palo Alto so ratified are now sub- mitted to the legislature of the State of California, for approval or rejection without power of alteration or amendment in accordance with section eight of article eleven of the State of California. AMENDMENTS TO CHARTER 39 State of California County of Santa Clara City of Palo Alto This is to certify that we, Charles B. Wing, mayor of the City of Palo Alto, and Frank Kasson, clerk of the City of Palo Alto, have compared the foregoing proposed and ratified Amendments to the Charter of the City of Palo Alto with the original ordinance proposing such Amendments and submitting the same to the qualified electors of said City at a special municipal election, call- ed for that purpose on Wednesday the ist day of Febru- ary, 191 1, and find that the foregoing is a full, true, cor- rect and exact copy thereof and of each of them ; and we further certify that the facts set forth in the preamble preceding such Amendments to said Charter are and each of them is true, save and excepting that as to Amendment number seven, hereinbefore separately set forth, Charles B. Wing, as mayor of said City, refuses to certify said Amendment number seven as having been duly and legal- ly adopted at said election by the voters of said City of Palo Alto, on the ground that said electors were misled in casting their vote on said Amendment number seven by reason of the fact that in the "Instructions to Voters" an error was made as to said Amendment number seven only, at said election ; that this reservation or refusal to certify as to Amendment number seven is made without prejudice to Amendments numbers eight, nine, ten, elev- en, twelve, thirteen, fourteen, fifteen and sixteen herein- before set forth ; That as to all of said amendments, except Amendment number seven, this certificate shall be taken as a full and complete certification as to the regularity of all proceed- ings had and done in connection therewith. In Witness Whereof, We have hereunto set our hands and caused the corporate seal of the City of Palo Alto to be attached, this 9th. day of February, 191 1. [SEAL] CHAS. B. WING, Mayor ; FRANK KASSON, City Clerk of the City of Palo Alto. 40 THE CITY OF PALO ALTO And Whereas, The said ten amendments so ratified as hereinbefore set forth have been duly presented and submitted to the legislature of the State of California, for approval or rejection without power of alteration or amendment, in accordance with said section 8 of article XI of the constitution of the State of California ; now, therefore, be it Resolved by the Senate of the State of California, the Assembly concurring (a majority of all members elected at each house voting for the adoption of this resolution and concurring therein), that the said ten amendments to the said Charter of the City of Palo Alto hereinbefore set forth as presented and submitted to, and adopted and ratified by the qualified electors of said City, be and the same are hereby approved as a whole for, and as amendments to the said Charter of said City of Palo Alto. f^-^ CHARTER OF CITV OF SAN ANTONIO Chapter XLIV, Special Laws of 28th Legislature (1903, p. 322) as amended by Act approved April 13, 1907 (1907, p. 562). (Effective July 1, 1903; Amendments of 1907 effective July 12, 1907.) Published and Issued by authority of the City Council of City of San Antonio 1907 G. F. 8IGMUND, PRINTING AND BINDING CHARTER OF CITY OF SAN ANTONIO. Chapter XLIV, Special Laws of 28th Legislature (1903, p. 322), as amended by Act approved April 13, 1907 . (1907, p. 562). (Effective July 1, 1903; Amendments of 1907 eflfective July 12, 1907.) ARTICLE I.— Organization. Section 1.* That the inhabitants of the City of San Antonio, in Bexar County, State of Texas, residing within the territory herein- after described, shall continue to be and are hereby constituted a body politic and corporate, incorporated by the name of City of San Antonio, and by that name shall have perpetual succession, and shall have, and shall succeed to all the rights, property, real, personal and mixed, immunities, powers, privileges and franchises now held, possessed and enjoyed by said City or herein granted and be subject to all its present duties and liabilities, subject to the limitations prescribed in this Charter, and may have a corporate seal, sue and be sued, plead and be impleaded, in all courts, contract and be con- tracted with, ordain and establish such acts and regulations and ordinances not inconsistent with the Constitution and Laws of this State, as shall be needful for the government, interest welfare and good order of said City; take, hold, acquire and convey, lease and dispose of any property whatever in said City limits, and for sewer, sanitary, cemetery and other corporate purposes, to acquire neces- sary property by purchase or condemnation within or without the city limits, and to lease, convey and alien the same when no longer required; provided, that the city shall not sell the present "sewer farm" containing about five hundred and thirty acres, nor rent or lease the same for any purpose for a term exceeding one year, at any one time. •Amendment of 1907. 2 CHARTER OF Section. 2. The bounds and limits of said City, within which said corporation shall have jurisdiction, shall include six njiles square, of which the sides shall be equi-distant from what is known as tlie cupola of the cathedral of San Fernando, and threo miles therefrom, with lines running east, west, north and south, which bounds shall be ascertained and established under the direction of the City Coun- cil; provided, however, that said City shall also have jurisdiction ex- tending over all property that it may own or hereafter acquire for corporation purposes outside of the limits of i^aid City. Section 3. The City Council shall divide the City into eight ■^ards, fixing the boundaries thereof so that each ward shall contai}i as nearly as possible, the same number of electors, the boundaries of which wards said ccuncil may change from time to time as it may deem expedient. The council shall also divide each ward into suita- ble election precincts so that each precinct shall contain as nearly as possible the same number of electors, and the council may change such precincts from time to time as it may deem expedient. No change in wards or precincts. shall be made within six months next preceding an election in said City, and the present wards and election precincts shall remain as now fixed^ until, in the judgment of the City Council, a change may be necessary. Section 4. All elections shall be held in accordance with the laws of the State and this charter, and returns of such elections shall be made to the Mayor in the same manner as such returns are made under the State laws governing elections, but the City Council may adopt such otlier methods and regulations to protect the purity of the ballot as it may deem proper, not contrary to the laws of this State. The qualifications of voters shall be the same as are now or may hereafter be prescribed in the Constitution and laws of this State. Section 5. In elections in which property taxpayers only are allowed to vote under this charter, only those who are actual taxpayers and whose names appear on the last assessment roll of the City shall be deemed property tax-payers, but if the name of any person offering to vote, hte being otherwdse qualified, does not ap- pear on said tax roll and such person produces his property tax re- ceipt of the preceding year and makes affidavit that he has paid CITY OF SAN ANTONIO 3 the same, he shall be entitled to vote, but the word "sworn" shall be written on the back of his ballot and opposite his name on the poll lists. Section 6. All officers of election shall be selected by the council and shall be qualified voters of said City and of the election precincts in which they are to serve. The council shall provide such compensation for all officers of election as is provided by the laws of the State and may, by ordinance, further regulate and define their duties and powers. Section 7. The municipal government of said City shall consist of a City Council, composed of a Mayor, four aldermen at large, and one alderman from each ward, and the other elective officers of said City shall be a city attorney, an assessior, a collector, a treasurer, an auditor and a judge of the corporation court. Section 8. No person shall be elected or appointed to any office in said City unless he possesses the qualifications of an elector under the laws of the State and City, and has resided twelve months next preceding the election within the limits of the City, and no person shall be elected or appointed to the office of ward alderman unless, in addition to the above qualifications he be a resident of the ward from which he may be elected or appointed at the time of such elec- tion or appointment, and if a ward alderman shall remove from the ward from which he was elected or appointed his office shall be deemed vacant. Sestion 9.* At each city election, there shall be elected by the qualified voters of the city at large, a Mayor, four aldermen at large, a City Attomiey, an Assessor, a Collector, a Treasurer, an Audito^r, and a Judge of the Corporation Court, and at the same time there shall be elected eight Ward Aldermen, one to be elected. from each ward, by the qualified voters thereof, and all such elective officers shall qualify in their respective offices to which they have been elect- ed, on or within twenty days after the first day of June after their election; and said officers shall hold their offices for two years, and until their successors have been elected and qualified. Section 10. All elective officers of said City shall be subject to removal or suspension from office by the affirmative vote of eight ♦Amendment of 1907. 4 CHARTER OF aldermen for incompetency, official misconduct, or habitual drunken- ness; provided, that no elective officer shall be removed or suspended from office until charges in writing are filed against him and he is given an opportunity of a fair hearing before the City Council. Section 11. No member of the City Council or lother city offi- cial shall hold any other office or employment under the City, and no alderman, officer, employe or servant of the City shall be directly or indirectly interested in any purchase, sale, business, work or con- tract, the expense, price or consideration of which is paid from the city treasury, or by an asses-sment levied by the City Council, nor purchase city warrants or claims agjjinst the City or any interest therein, nor be surety of any person or persons having a contract of any kind or business with the City for the performance of which se- curity may be required. Any alderman, officer, servant or agent of the City violating this section shall be removed from office and dis- charged from service by the City Council. No alderman shall vote upon any question in which he has any interest distinct from that of the citizens at large, but in such case he shall disclose such interest and be excused from voting. Section 12. An election shall be held in said City and in each ward thereof on the second Tuesday in May, 1905, for its elective officers, and every two years thereafter. Of such election at least twenty days' previous notice shall be given by proclamation, and such election shall be ordered by the Mayor, and in case of his failure to order the same, it may be ordered by the City Council or any two members of the Council, and the authority ordering the election shall appoint the presiding officers in each precinct. Section 13. Every person elected or appointed to office in said City shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the State Constitution, and shall give such bond and security for the faithful discharge of his duties as may be required by the ordinances of the City. Section 14. In the event that any person elected to an office fails or refuses to qualify and act within the time herein fixed after the official count and declaration of the result, the office shall be deemed vacant, and the Mayor shall, by appointment, fill the vacancy, subject to confirmation of the City Council. CITY OF SAN ANTONIO 5 .Section 15. In case of a vacancy in the office of Mayor by death, refusal to accept, resignation, removal or other cause, such vacancy shall be filled by a majority vote of all the aldermen elected, and in case of a vacancy in any other elective office of the City, the Mayor shall fill such vacancy by appointment, subject to confirmation by the council; provided, that should a vacancy occur in the office of Mayor prior to nine months before any regular city election, then, it shall be the duty of the council to order an election to fill such vacancy in the same manner as a regular election is called, and such election shall be governed by the same laws as a regular election. Section 16. All such officers, employes, agents and servants of the City, except elective officers, that may be deemed necessary by the council for the transaction of the business of the City and author- ized by ordinance, shall be appointed by the Mayor and confirmed by the Council, but the Council may, by ordinance, abolish and re- establish any offices and employments created by the Council, Section 17.* Any appointive officer, employe, agent or servant of the city, employed under authority of the council, may be dis- charged from service by the Mayor for any reason he may deem suf- ficient, and such appointive officers, employes, agents* and servants, unless so dismissed and discharged, or unless their offices and em- ployments are abolished by the council, shall hold their offices until the next general city election, and until their successors, if any, shall be appointed and qualified ; provided that no person shall be dis- missed or discharged for political reasons; and provided that in case of discharge of any appointive officer by the Mayor, the Mayor shall file his reasons in writing for such discharge with the City Clerk at the time of such discharge, and such reasons shall be open for public inspection, and such discharge shall be approved by a majority of the City Council; and provided, further, that the City Council may, independent of the above power of discharge given the Mayor, also provide by ordinance, for the suspenBion or removal, by two-thirds vote of the entire council, of any appointive office, em- ploye, agent, or servant of the city employed under authority of the council, for incompetency, official misconduct or habitual drunken- ness and provide for the temporary suspension of such officer, em- ploye, agent or servant during the pendency of charges against him. ♦Amendment of 1907. b CHARTER OF Section 18. The elective officei-s of said City shall receive from the City the following annual compensation, payable in monthly in- stallments, and no more: The Mayor, thirty-six hundred dollars-, provided, that the salary of the Mayor shall not be paid during his absence from the City, unless such absence is on business of the city, or unless the Mayor is excused by the City Council ; the auditor, two thousand dollars; the city attorney, two thousand dollars; the judge of the corporation court, twelve hundred dollars; the treasurer, twelve hundred dollars; the assessor two thousand dollars; the col- lectors, twenty-five hundred dollars; the mayor pro tempore shall re- ceive the same salary as the mayor when acting as such, in addition to his salary as alderman, but shall not receive both salaries for the same day; and each alderman five dollars for every meet- ing of the council attended, and aldermen shall be exempt from jury service. The salaries and wages of all other officers, employes, agents and servants of the City shall be fixed by the Council. The prtsvisions of this section regulating salaries of elective officers shall not take effect until the next general city election, and until said time sai-stems may be purchased and constructed by a payment in cash of twenty-five per cent, of the pri(?e ai^n^eed upon, and the balance in annual installments, including interest, to be paid out of the revenues of such utility; and su»'h works so con- structed or purchased shall stand pledged for payment of the amount due thereon; provided, that no expenditiire fsr such purpose shall be made unless the propositirn for the acquisition or con- struction of the same, is first submitted to h vote of the qualified prop- erty taxpayers, at an election to be held for the purpose of voting there- on, and a majority of such voters shall vote in favor of such proposi- tion and the City Council shall have the power to carry, out all the terras of this section by ordinance. Section 59. To do all acts and make all regulatio,ns which may be deemed necessary for the protection and promotion of health or the suppression of disease, and abate all nuisances which may impair or aft'eet the public health or comfort, in such manner as may be deemed expedient. Section 60. To prevent the introduction of contagious diseases into the City, to make quarantine laws for that purjjose and to en- force the same within five miles of the City, and to make all ordinances and regulations to prevent the spread of any contagious diseases within the city limits; to enforce vaccination and to establish hos- pitals and pest houses, and to regulate the establishment of private hospitals. ■ ' Section 61. To direct the location of breweries, tanneries, black- smith shops, foundries, livery stables and manufacturing establish- ments; to direct and regulate the management, construction and cleaning, and restrain, abate and prohibit within the City, slaugh- tering establishments, stockyards, hide houses, warehouses, stables and privies, or establishments for keeping or curing hides, tallow, offal and such other substances as may be rendered, and all other establishments or places where noisome, offensive or unwholesome matter is liable to accumulate. Section 62. To require the owner, agent or occupant of any grounds, lots, yards, private drains, sinks or privies, to fill up^ 20 CHARTER OF cleanse, alter, repair, fix and improve the same, and require ali own- ers of property to connect with the city sewers. Section 63. To regulate, direct and control the direction and construction of telegraph and telephone lines and electric light posts, poles, and wires, and to require the removal and changing of all such posts, poles and wires, and to require the laying of all tele- graph, telephone, electric light and all other wires underground in such manner and at such depth and with such insulation as the City Council may deem necessary and proper; to regulate, direct and control the lajdng and repairing of all gas, water and oil pipes in the streets, alleys, sidewalks, and public places of the City, and to regu- late the prices to be charged by telephone companies for service to the jjUDlic. Section 6-4. To provide for the erection of all useful and neces- sary buildings for the use of the City, and for the prjtecti'iii and tsafety of all property belonging to the City, and to provide for the safety and protection of private property where damages are likely TO accrue by action of the elements. Secition 65. To establi^sh a police force and regulate the same ; to erect, establish and regulate one o,r more prisons, work- nouses, house of correction and poor houses, and provide for the government and support of the same. Section 66. To establish, erect and build public libraries and provide funds for the maintenance of tlie same, and that such libra- ries shall be managed by a board of trustees and the City Council shall annually levy and collect a tax of two cents on each one hundred dollars valuation of all property situated in said City for the support and maintenance of what is known as the Carnegie Library in said City, and said fund shall be protected for the uses of said library in the same manner as the interest and sinlcing fund for the benefit of the bonded debt is now protected by law. Section 67. To provide measures to keep the waters of the river and streams pure, to remove all obstructions or dams in said river or streams within the limits of the City ; to widen and deepen the chan- nel of said river and streams, to prevent the erection of factories or establishments on the banks of any stream or ditches which will be- CITY OF SAN ANTONIO 21 foul or make impure the waters of such river or ditches; to alter and establish the channels of any streams, ditches or water courses ^\'ithin the limits of the City when the health, safety or convenience of the City re^iuires such to be done, and to' wall up or cover ditches or canals; to make, regulate and abolish irrigation ditches and have full control of the same and to fix the terms and prices to be charged for water therefrom. Section 68. To establish, erect, construct, regulate and keep in re- pair bridges, culverts, sewers, sidewalks and cross ways, and to regulate the use of the same and abate smy obstruction or encroach- ments thereon. Section 69. To provide for the inspection of meat, fish, vege- tables, fruit and every or anything offered fo|r sale in the market places or elseM'here in said City; to provide for the inspection, before slaughter, of all animals intended for slaughter or to be offer- ed for sale after slaughter in said City ; to. prescribe rules and regu- lations as to the place and manner in which all animals are slaughter- ed, and charge and provide license fees for such inspection ; tioi require the hides and skins o;f animals slaughtered for sale in said City to be exhibited, and to provide for the keeping of a record of the marlvs and brands of such animals; to prohibit and regulate the sale within the City of any meats slaughtered outside the limits of the City; to erect and maintain market houses and regulate everything relating to butchers; to establish and maintain a standard of the quality of milk sold in the City and provide penalties for the viola- tion thereof. Section 70. To regulate the sale within the City of cocaine, morphine, opium, chloral, or any other poisonous drugs, and pro- vide that the same shall be sold only upc;n the prescription of a licensed physician. Section 71. To provide for the purchase, maintenance, regula- tion and improvement of public parks, plazas, gi^ounds and ceme- teries of the City, to direct and regulate the planting and preserving of ornamental and shade trees lOn the streets, sidewalks and public grounds, and to establish and maintain zoological gardens, and to provide public musical, concerts in the city parks and plazas. 22 CHARTER OF Section 72. To make reflations for the inspection and con- struction of buildings and to cause unsafe buildings to be made safe or removed, and to' prescribe and prohibit the use of certain mate- ijals ; to prescribe the thickness of walls and height of buildings ; to re- quire every person desiring to erect a building in the City to take out a permit for the same, and to keep a register of all buildings, both private and public, erected, and the cost thereof, the kind and ma- terial used, and of the intended use of such buildings. Section 73. To restrain and re^ilate the selling or giving away of any intoxicating or malt liquo,rs by any person, firm or corporation, although duly licensed by the State, when the place of business of such person, firm or corporation is connected with -a house wherein gaming is permitted to be carried on where the same is connected with a vaudeville or other place where theatrical performances are held by whatever name called. Section 74. To provide and cause to be taken an enumeration of the inhabitants of the City. Section 75. To license and regulate billiard tables, pin alleys and ball alleys, to suppress and restrain disorderly ho;uses, ball rooms, bawdy houses, houses of prostitution and assignation, gambling and gambling houses, lotterias and all fraudulent devices and prac- tices and all kinds of indecencies. Section 76. To license and regulate hackmen, draymen, drivers of omnibuses and baggage wagons, porters and all others pursuing like occupations with or without vehicles, and prescribe their charges, and to regulate, license and restrain runners for hotels, stages and public houses. Section 77. To prohibit and punish the owners, lessees, and agents of theaters or other places where indecent, lewd or immodest dramatic or theatrical representations are given and adopt smnmary measures for the removal or suppression of all such entertainments and establishments; to license and regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, and regulate' keepers of theatres and other exhibitions, shows or amusements. Section 78. To restrain, pro,hibit and punish vagrants, mendi- cants, street beggars,, prostitutes and gamblers, and punish the CITY OF SAN ANTONIO 23 keepers of all houses of prostitution and ofames and gambling devices with as great penalty as the same is punished by the statutes of the State. The corporation court of the City of San Antonio shall have concurrent jurisdiction with justices' courts of all such misdemeanors when committed within the corporate limits of said City. Section 79. To establish standard weights and measures to be used within the City in all cases not otherwise provided by law; to require all trades and dealers in merchandise or property of any kind which is sold by weight and measure, to cause their weights or measures to, be tested and sealed, but the standard of such weights and measures shall conform to those established by law. iSection 80. To regulate and provide for the inspection and measuring of lumber, shingles, timber, posts and all kinds of building materials, and for measuring all kinds of mechanical work; to pro- vide for the measuring of Avood and weighing of hay and the manner and place of selling the same. Section 81. To prevent and suppress any riot, affray, noise disturbance, disorderly- conduct or assembly in any public or private place in the City, and prohibit the carry-ing of deadly weapons within the city limits. i Section 82. To prevent and prohibit any immoderate driving or running of horses or other animals, or motor vehicles in the streets or public places of the City ; to compel persons to fasten their horses or other animals, whether attached to vehicles or not, while standing or remaining in the streets ; to prevent, regulate, aiid control the driving of cattle, horses and all other animals through the City, and to prohibit all cruelty to animals. Section 83. To establish and regiilate public pounds and to regulate and prohibit the running at large of horses, mules, cattle, sheep or other animals ; to authorize the destraining, impounding and sale of the same for the cost of proceedings and the penalty incurred ; to tax, regulate, restrain and prohibit the running at large of dogs; to require licenses for all dogs kept in the City and to provide for the impounding of all dogs running at large. Section 84. To purchase, establish and regulate one or more cemeteries within or without the City limits; to regulate and pro- 24 CHARTER OF vide for the registration of births and deaths ; to direct keeping of records of mortality and impose penalties upon physicians, sextons or others for any default in tlie premises, and regulate the burial of the dead. Section 85. To prevent and prohibit boxing matches, sparring exhibitions, cock and dog fighting, bull fighting and all brutal ex- hibitions, to license, tax, regulate and suppress public balls, dances, and all other public places of resort and amusement. Section 86. To, prevent and prohibit all disturbances, breaches of the peace and good order, assaults, assaults and battery, fighting, quarrelling, using abusive and insulting language, misdemeanors and all disorderly conduct. Section 87. To prevent and punisili the keeping of houses of prostitution within the City or w ithin such limits therein as may be defined by ordinance, and adopt summary .measures for the removal or suppression of all such establisliments. Section 88. To provide for the inspection of all buildings and establishments for educational or asylum purposes; to require that the inmates be properly treated, and to require aP institutions of whatever nature used as asylums, colleges, hospitals, or boarding schools to make reports of the number of the inmates and the sanitary condition of the same. Section 89. To establish, regulate and maintain a fire depart- ment and to fix fire limits within which only buildings constructed of approved material will be allowed to be built, and, generally, tx) make and enforce all such regulations for the prevention, spread and extinguishing of fires as may be deemed expedient. Section 90.* To have the exclusive control and power over the streets, alleys, sidewalks and public grounds and highways of the city, and to abate and remove encroachments or obstructions thereon ; to open, alter, widen, straighten, extend, establish, regulate, abolish, close the same or any part thereof, grade, re-grade, clean, pave, ma- cadamize, or otherwnse improve any of the streets or public places in said city ; to put drains and sewers therein and prevent the incumber- ing thereof in any manner and to protect the same from any encroach- ♦Amendment of 1907. CITY OF SAN ANTONIO 25 merits and injury. Provided, that the City Council shall not receive, approve or allow to be filed a plot of any sub-division of property in the city unless and until the owners of said property siliiall have first laid out, moniunented, curbed and macadamized all the streets in said subdivision, and the City Engineer shall not give lines for any subdivision hereafter laid out unless the provisions of this section shall have been complied with. Section 91. To compel by appropriate penal ordinances the lay- ing of sidewalks by property owners in front of or abutting oh their land, and may prescribe the character of sidewalks to be laid, and provide by ordinances that the City shall not pave with brick, block, asphalt, stone or gravel any street until the owners of the property abutting thereon shall have previously laid a curb and sidewalk abutting upon the said street, and the council shall have the right to prescribe the kind of sidewalk and curb to be laid. Section 92. To prevent and prohibit the incumbering or blocking of the streets, alleys, sidewalks and public places with any vehicle whatever, or with awnings, posts, signs, . or any obstruction of any kind to compel all* persons to keep weeds, filth and all kinds of nibbis^h from the sidewalks, streets and gutters in front of premises occupied by them ; to require and compel the owners to fill up, grade, pave and otherwise improve the sidewalks in front of and adjoining their property. Section 93. To prohibit and restrain the rolling of hoops, flying of kites, firing of fii-ecrackers or firearms or fireworks or pyrotech- nics of any kind, the use of velocipedes or any practice tending to annoy personsi passing in the streets or sidewalks, or to frighten horses and teams; to restrain, prohibit and regulate the ringing of bells, blowing of whistles, horns and bugles, playing of street organs or oth- er music, crying of goods, and all other noises, practices and per- formances creating annoyance or tending to the collection of persons on the streets and sidewalks for the purpose of business, amuse- ment or other purposes. Section 94. To direct and control the laying and construction of railroad and street railway tracks, turnouts and switches, and prohibit the same in the streets, avenues and alleys and regulate the location of depot grounds within the City; to require that rail- 26 ' CHARTER OF road and street i .vv^ay tracks, turnouts and switches shall b'e so constructed as to interfere as little as possible with the ordinary travel and use of the streets, avenues and alleys, and that sufficient space shall be left on either side of said tracks for the safe and convenient passage of teams, carria.ges and other vehicles and persons, and to require the building by railway companies of subways or via- ducts ; to require railroad and street railway companies to grade, pave and keep in repair the public streets, highways, squares, plazas and other public places through which their tra,cks may run, such grading, paving amd repairs to embrace the space between rails, the space be- tween tracks and a width O'f eighteen inches outside of the outermost rails on either side ; to require railroad and street raihvays companies to construct, keep in repair and light crossings at the intersections of their tracks with streets, avenues, alleys, ditches, sewers, ciilverts, and to regulate the speed of locomotive engines, trains and street cars within said City, and to require the same to come to a full stop at such streets and places as may be deemed necessary by the council to prevent accidents. Section 95. To exclusively control and regulate everything con- nected with street railways and to make such rules and regulations for the same as the City Council may deem necessary. Section 96. To restrict the sale of tickets, passes or other evi- dence of the right to travel on any railroad or street railway to duly authorized agents of the railroad or street railway company issuing or authorizing the issuance of the same, and to prohibit the sale of all tickets, passes or other evidence of the right to travel on any railroad or street railway by any person other than duly authorized agents of the railroad or street railway company issuing or author- izing the issuance of the same, and to provide penalties for a violation of any ordinance passed under this power. Section 97.* To acquire on behalf of and for the use of the city by purchase, gift, devise or condemnation, any private property or any interest therein, whether such property be situated within or without the limits of said city, which may be necessary or proper for the establislunent and maintenance of an efficient system of sewei-s or for the purpose of establishing a water main or electric liglit plant, and ♦Amendment of 1907. CITY OF SAN ANTON^' 27 for other proper corporate purposes. Said cii^. vS hereby given the right to lay, eonstniet and maintain sewers, water mains and outside electrical constmietions, in, under, across or along any public street, highway or public grounds, within or without the corporate limits of said city, and to regulate the manner of connecting therewith. Section 98. To appropriate private property for the use of the City for streets, alleys, avenujes, boulevards, parks, public plazas and squares, sewers, gas works, electric plant, water works, market houses, school houses, or any other public purposes authorized by law, and in such event the council shall declare, by ordinance, the necessity for such appropriation, describing the property sought to be appropriated and stating the name and residence of the owner, if known, and if unknown stating that fact, and shall cause to be filed with the city clerk a plot of the property proposed to be con- demned, and such private property shall be condemned for the use of the City for the purposes expressed in the ordinance by the same proceedings and under the same rules, so far as applicable, as are now or may hereafter be provided by the general laws of this State for the condemnation of private property for the use of railroad cor- porations, or in any other manner or by any other proceedings, author- ized by the general laws of this State for the condemnation of private property for public use. Section 99. To license, regulate and inspect all trades, profes- sions, occupations, callings, and business carried on in said City whenever and wherever the council shall deem such regulation, inspec- tion and license necessary or proper for the good order, public health, public safety or general police regulation of said City, and charge license and inspection fees therefor, and such fees shall not "be con- strued as occupation taxes. i- Section 100. The City Council, in addition to the powers here- in enumerated, shall have the power to pass, publish, amend or re- peal all ordinances, rules and police regulations not contrary to the Constitution of the State and this Act, and necessary for the order or good government of the City, or the trade, commerce and health thereof, or that may be necessary and proper to carry into effect the powers here vested in the corporation or any part of its officers ; to enforce the observ^ance of all ordinances, rules and police regula- 28 CHARTER OF tions, and to punish violations thereof by fines and imprisonment, or either or both, or by work on the streets or 0|ther public work, as may be provided by ordinance and required by the judgment of the corporation court; provided, that no fine shall exceed two hundred dollars, and no period of imprisonment shall exceed one hundred days in the city jail. Any person upon whom any fine is imposed may be committed until payment of the same, and in default thereof may be imprisoned in the city prison, or may be required to work on the streets or other public work in the City for su" ; and provided, further, tliat the total tax rate of the City, including taxes for general purposes, special purposes, interest and sinking fund, and schools, shall never exceed two dollars annually on the one hundred dollars valuation of all property assessed, accord- ing to. the last approved assessment roll of the City, except that the tax levied by any improvement district for improvements therein, as pro\dded in Section 54, may be twenty-five cents annually in ad- dition to the two dollars mentioned above. The advalorem taxes shall be levied and collected annually on the assessed value of all real and personal estate and property in said City, including all choses in ac- tion, franchises and pri\aleges having a situs in said City, though the owners thereof be non-residents. Bonds of the United States and State of Texas, and of the City of San Antonio shall not be taxed. Section 107. The City Council shall have power to annually levy and collect occupation taxes, not exceeding one-half the amount of occupation taxes imposed by the State, upon all occupations, call- ings and professions sub.ject to such taxes by the laws of the State; and the City Council shall also annually levy and collect a poll tax, not to exceed one dollar, upon evorj' male inhabitant bet^veen twent;>'- one and sixty years of age, not exempt by law. who has resided in said City tw^elve months previous to the assessment of such tax. Section 108.* The City Council shall have power to create spe- cial funds for special purposes, but shall not have power to transfer money from one fund to another, except that when there is an excess in the general fund over current expenses, such excess or part thereof may be transferred to any of the special funds. The City Treasurer shall not honor any draft upon the fund designed for the payment of the interest upon the public debt and for the creation of a sinking fund for its ultimate payment, except those drafts for such purposes, but said sinking fund may be appropriated at an^ time to reduce the public debt by the purchase and cancellation of outstanding city bonds, or for the investment of suohi sinking fund in bonds of the United States, or State of Texas, or of the City of San Antonio, or of any Improvement District thereof, or of Bexar County. Texas, nor •Amendment of 1907. CITY OP SAN ANTONIO 31 shall the City Treasurer honor any draft drawn upon the fund set aside for permanent public improvements, except those drawn in pay- ment for such improvements in pursuance of an ordinance providinj^ for the erection or construction of such permanent public improve- ments. Section 109. The City, or any creditor of the City injured by a wrongful diversion or payment of special funds by the treasurer, shall be entitled to maintain in any court of competent jurisdiction an action against the treasurer and sureties upon his official bond for tlie recovery of damages sustained. ; Section 110. The City Council shall have the power, by ordi- nance, to direct the treasurer to deposit all money of the City in his custody in any bank, banks, or trust company in the City of Sau Antonio which the council may designate, and the city treasurer shall not be liable or responsible for the loss of any money of the City while so deposited by reason of the failure of such banks or trust company. Such bank, banks, or trust company shall give the City security for the full amount of such deposits and pay to the City not less than tliree per cent, interest on such deposits. The security to be required for such deposits shall be bonds of the United States, or of the State of Texa^, or of the City of San Antonio, or of Bexar County, Texas, and the City Council may provide further regulations and safeguards with regard to such depositories. Section 111. All salaried officers and employes shall be entitled to warrants for their salaries at the end of every month, unless the term of their employment shall be for an uncertain or shorter period, and the council shall prescribe the manner of issuance of said monthly warrants. All day laborers or other persons performing ser- vices for the City for uncertain periods may be paid weekly in such manner as the council may prescribe upon pay rolls duly certified. Provided, that the regular force of the city employes in the service of the City as day laborers shall not be added to or increased at any ■time within thirty days prior to the date of any State and County or City election. Section 112. All creditors of the City having audited or es- tablished claims against the City shall be entitled to warrants there- for drawn upon the city treasurer which shall be numbered, desig- 32 CHARTER OF nating the fund out of wMch the same are payable, but such war- rants shall not bear interest, and shall be paid in the order of their issuance by months and by numbers, so that no preference shall be shown to any person ; but said warrants shall ]ye drawn in the same order as the claims may be audited, approved or established by the action of the council or under its direction or by the judgment of a court of competent jurisdiction. Section 113. The City shall not recognize transfers or assign- ments of salaries or w^ages, nor shall any officer of the City receive or honor any drafts or order drawn by any person against his salary or wages, but the warrant or money shall in every instance be deliv- ered or paid to the person entitled thereto according to the City's accounts ; nor shall any officer of the City issue any certificates of in- debtedness. Nothing herein contained shall prevent the holder of a warrant from transferring it. Provided, that if the City Council' so declares by ordinance, a warrant for the total amount of any pay roll may be drawn in favor of the person paying such pay roll, and such warrant shall have the same legal standing and effect as war- rants drawn under Section 52 of this charter. Section 114. Before the delivery of any warrant by the auditor to the payee thereof, the auditor shall carefully ascertain whether or not such person is in any manner indebted to the City for matured taxes or debts of any kind, and if he shall find that such payee is so indebted to the City, he shall not, deliver such warrant unless such person shall tlien and there actually pay such taxes or debts to the proper receiving officer. If such payee refuses to pay such taxes or debts, the auditor shall refuse delivery of such warrant, and shaU make report thereof at the next meeting of the City Council, t-ogether with a statement of the nature of the claim asserted by the City against the payee, and in such case the kuditor shall await the action of the council before delivering such warrant; provided, however, that this section shall apply only to persons receiving warrants for their com- pensation and shall not apply to current wages of those persons who are to be paid weekly. Section 115. City warrants shall not bear interest and shall not be receivable for taxes nor any other debts or demands due the city, but all taxes and dues shall be payable to the City in lawful legal tender money of the United States. CITY OF SAN ANTONIO 33 Section 116. All city taxes shall be levied, assessed and collected in the same manner as may be provided by the laws of the State for the levy, assessment and collection of State and county taxes, unless herein otherwise provided. Four aldermen, to be appointed by the Mayor, who with the Mayor, shall perform the duties of a Board of Equalization, and such board sihall pass upon all appeals from the decision of the assessor and pass upon all assessments made by the assessor in the same manner as assessments are reviewed by the com- missioner's court of the Count}', and the decision of such board shall be final. The compensation of the Board of Equalization, exclusive of the Mayor, shall be five dollars per day for each member, and the board shall conclude its labors within sixty days from the time of be- ginning its work upon the assessment rolls. The City Council may, by ordinance, regulate the mode and manner of assessing and collecting city taxes as the City Council may deem proper, although not in accordance with the provisions of the State laws governing the assessment and collection of County taxes, and may provide for the advertisement and sale of property for delinquent taxes in such man- ner as they may deem proper, and provide for the payment of costs of such advertisement and sale and execution of deeds to be made against the owner of such property''. A purchaser of property at a tax sale shall be subrogated to all the rights of the City with reference to the collection of taxes against said property. Section 117. If the City Council should fail, refuse or neg- lect to pass an ordinance for any one year, levying the taxes for that year, the ordinance last passed levying taxes will be considered in force, and a failure to pass such an ordinance shall in no wise invali- date the collection of any taxes. Section 118. The fiscal year of the City shall begin on the first day of June and end on the thirty-first day of May of each) year, and all persons and property not exempt by the Constitution and laws of the State shall be subject to city assessment and taxation as of the first day of June of each year in like manner as property is subject to assessment and taxation by the State and County as of the first day of January of each year. Section 119. All ad valorem and poU taxes for each fiscal year shall become due on the first day of April of such fiscal year, and shall 34 CHARTER OP be paid before the first day of June next following', and from such first day of June shall bear interest at the rate of six per cent per annum, and the City Council shall not have power to extend the time for the payment of taxes. Section 120. All persons and property owners failing to pay their annual taxes for any fiscal year before the first day of June next following the levy of the same, shall in addition to interest, be charged a penalty of two per cent, upon the principal amount due for the first month or part of a month of such delinquency, and there- after in addition to interest a penalty of two per cent, upon the prin- cipal amount due for each additional month or fraction thereof of such delinquency; and neither the City Council nor collector shall have power to remit such penalties., interest or any costs due the City; provided; that the aggregate penalties to be charged shall never exceed ten per cent, and shall be charged on the original principal amount only, and such penalties shall not bear interest. Section 121. The annual assessment made upon property with- in said City for taxes due said City, shall be a special lien upon said property, and all property, both real and personal, belonging to any delinquent taxpayer, shall be liable to seizure and sale for the payment of all taxes, interest, penalties and costs due said City by such delinquency, and such property may be sold for the payment of taxes, interest, penalties and costs due the City by such delinquent, under such regulations as the Legislature may have provided, or may hereafter provide for the collection of State and County taxes, or as may be provided by the City Council or under a decree of Court. Section 122. The City may bring suit in any court of competent jurisdiction in any action at common law for the recovery of any taxes due said City, with interest, penalties and costs due thereon, and for the foreclosure of the tax lien upon such property, but this remedy shall be cumulative of all other remedies. Section 123. All taxes delinquent for ten years before any suit is filed to collect the same shall be barred by limitation; pro- vided, 'that this section shall not affect judgments already rendered, nor suits pending when this Act takes effect, nor the validity of tax titles hereinbefore made, and provided further, that this section shall not take effect until one year after the passage of this Act. CITY OF SAN ANTONIO 35 Section 124.* It shall be the duty of the Auditor immediately after the passage of this Act, to cause a notice to be published for thirty days in one or more of the papers in the City of San Antonio, requesting all parties holding claims, excepting bonds, against the City of San Antonio to immediately file same with the Auditor. At the expiration of said thirty days the City Council shall pass upon such claims as may be filed, together with all other claims that may have been previously filed, and not acted on by the council and by ordinance allow or reject such claim. Within thirty days thereafter the Auditor shall prepare a statement, verified by oath, of the entire unbonded indebtedness of the City of San Antonio so allowed by the Council, or adjudged to be due by final decree of any court of com- petent jurisdiction, and cause the same to be published for one week in a paper in San Antonio. Thereafter, it shall be the duty of the Auditor within ten days after the first day of each quarter of the fiscal year, to prepare a statement, verified by oath, as follows: "Balance of unbonded indebtedness of the City of San Antonio:, reported on day of ~ ~ - 190. , $ , ajuouut of indebtedness incurrod during the quarter ending _ _ day of — 190 , $ _ _ , total payments made on ac- count of foregoing indebtedness, during quarter ending „ — day of 190 , $ _ '. - x...... balance of unbounded indebtedness, $ _ * The Auditor shall immediately thereafter cause such statement to be published in a paper published in the City of San Antonio. A wil- ful failure to prepare the statement required by this section shall subject the Auditor to a fine of not less than ten dollars, nor more than one hundred dollars for each day that the publication of said statement is omitted. Section 125. This Act shall be deemed a public Act, and may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places. But no general law hereafter passed by the Legislature of the State of Texas, nor any general law of said State now in force, shall be held to repeal or affect any power herein granted, or which is hereby vested in said •Amendment of 1907. 36 CHARTER OF City or its City Council, unless by the express terms of such law the fiame be declared applicable to cities incorporated by special charter. Section 126. That an Act of the Le^slature of the State of Texas, approved August 13, 1870, entitled "An Act to incorporate the City of San Antonio, and grant a new charter to said City," and to repeal an Act entitled "An Act to incorporate the City of San An- tonio," approved July 17, 1856, and An Act entitled "An Act to amend the Act to incorporate the City of San Antonio," approved February 11, 1860, and all Acts amendatory of said Act approved August 13, 1870, be and th? same are hereby repealed. m. inSTDEX CITY CHARTER REFERENCES ARE TO SECTIONS A Section ♦ABATEMENT OF NUISANCES. ♦ABUSIVE LANGUAGE. ACTING MAYOR 22,15,18 ACT, PUBLIC 125 ACT, REPEALING PREVIOUS CHARTERS 126 ADDITIONS TO CITY 90 AFFIDAVITS — City Clerk may administer 56 ♦AFFRAYS. ♦ALDERMEN: — Qualifications of 8 Oath of office 13 Number of 7,21 Election and term of office 9 Vacancies, how filled 14 Removal of 8, 10, 11 Shall not hold other office, nor be surety, nor vote, when. . 11 Salary of and exemption from jury service 18 May order elections, when 12 May call special council meetings, when and how 21 Attendance may be compelled 21 Shall elect mayor, when 15 * See City Council. 38 INDEX TO CHARTER OF Section Act as mayor pro tempore 22 Members of Board of Equalization 116 ♦ALLEYS AND STREETS. ♦ALLEYS, PIN AND BALL. ♦AMUSEMENT, PLACES OF. ♦ANIMALS (see also Butchers; see Pounds). APPEAL — City may, without bond 45 ♦APPROPRIATIONS : — Must be by ordinance 20, 40, 41 Not to be made for private or special purposes 41 Quorum for making 19 ♦ASSAULTS AND BATTERY. ♦ASSESSMENT OF PROPERTY (see also Assessor; see Tax- ation). How made 30, 116, 118 Shall be special lien 121 ASSESSOR (see also Assessment) : — Election and term of office 7, 9 Duties and authority of 30 How removed 10 Salary of 18 Shall not hold other office, or claim, or be surety 11 ♦ASSIGNATION HOUSES. ASSIGNMENT OF WAGES— Not permitted 113 ♦ASYLUMS. ATTORNEY: — Election and term of office 7, 9 Duties of 29, 40, 47 How removed 10 Salary of 18 Shall not hold other office, or claim, or be surety 11 AUDITOR: — Election and term of office 7, 9 * See City Council. CITY OF SAN ANTONIO. 39 Section Qualification and duties of 33, 31, 124 How removed 10 Salary of 18 Shall not hold other office, or claim, or be surety 11 ♦AVENUES, STREETS AND ALLEYS. AYE AND NAY VOTE IN COUNCIL 21 B ♦BAGGAGE WAGONS. *BALL ALLEYS. ♦BALLS, PUBLIC. ♦BAWDY HOUSES. ♦BEGGARS. ♦BELLS AND BUGLES. ♦BILLIARDS. ♦BIRTHS. ♦BLACKSMITH SHOPS. ♦BOARD OF EQUALIZATION. ♦BOARDING SCHOOLS. BOND OR SECURITY — City not required to give 45 ♦BONDS, CITY. Not taxable 106 Special funds for paymant of, not to be diverted 108 ♦BONDED DEBT. ♦BONDS, DISTRICT IMPROVEMENT. BONDS OF OFFICERS 13, 56, 109 ♦BORROWING MONEY. ♦BOXING MATCHES. BOUNDARIES AND LIMITS OF CITY * 2 BOUNDARIES, WARD 3 * See City Council. 40 INDEX TO CHARTER OF Section *BRANDS OP ANIMALS. ♦BREACHES OF THE PEACE. ♦BREWERIES. ♦BRIDGES. ♦BRUTAL EXHIBITIONS. BUDGET 27, 39 ♦BUGLES AND HORNS. ♦BUILDINGS. ♦BULL FIGHTING. ♦BURIALS. ♦BUTCHERS. c ♦CALLINGS, REGULATION OF. ♦CARE OF PROPERTY AND FINANCES. ♦CARNEGIE LIBRARY. ♦CATTLE. ♦CEMETERIES 1 CEMETERY LOTS, EXEMPTION OF 49 ♦CENSUS. CERTIFIED COPIES OF RECORDS — When evidence 37, 36 CERTIFICATE OF DEBT BY OFFICER, NOT TO ISSUE 113 ♦CHARGES, OF VEHICLES. ♦CHLORAL. CITY CLERK (see Officers, City) 56, 17, 24, 36, 47 CITY COUNCIL (see Aldermen; see Mayor). Abatement of nuisances 59, 61, 62, 67, 90 . Abusive language 86 Additions to city 90 Affrays - 91 * See City Council. CITY OF SAN ANTONIO. 41 Section Alleys 90, 92 Alleys, pin and ball 75 Amusement, places of 77, 8 5 Animals 69, 82, 83 Assaults and battery 8 6 Assessment of property 116, 121 Assignation houses 75 Asylums ,. . . 88 Aye and nay vote in council 21 Baggage wagons 76 Ball alleys 75 Balls, public 75, 85 Bawdy houses 75 Beggars 78 Bells and Bugles 93 Billiards 75 Births 8 4 Blacksmith shops 61 Board of equalization 116 Boarding schools 88 Bonds of officers 13, 56 Bonded debt 53, 54, 55, 108 Borrowing money 53, 54 Boxing matches 85 Brands of animals 69 Breach of the peace 8 6 Breweries 61 Bridges 67, 68, 92 Brutal exhibitions 85 Budget 27,39 Buildings 64, 72, 80, 88, 89 Bull fighting 85 Burials 8 4 Butchers 61, 69 Callings, regulation of 99 Care of property and finances 19, 51 Carnegie Library 66 Cattle ' 82,83 Cemeteries 71, 84 42 INDEX TO CHARTER OF Section Census , . - 74 Charges of vehicles 76 Chloral 70 Compromise of suits 47 Cocaine 70 Cock fighting 85 Colleges 88 Comfort, public 59 Compensation of officers 18, 56 Composition of •. 7, 21 Concerts 71,77 Condemnation proceedings 97, 98 Confirmation of appointments 14, 15, 16 Contagious diseases 60 Conveyance of property 20 Corporation court 78,100 Crossings 68 Culverts and crossings 68 Current expenses 52 Dams .- 67 Dances 75, 85 Deadly weapons - 81 Deaths 84 Debts and expenses (see bonded debt; see unbonded debt) 52,55,42,43 Depository, city 110 Depot grounds 94 Disease, suppression of 5 9, 60 Disorderly conduct 81, 86 Disorderly houses 75 Districts, imp't 54, 55 Disturbances 81, 86 ' Ditches 67, 9 4 Dogs 8 3 Dog fighting 85 Drains 62 Draymen and drivers 76 Driving, immoderate 82 Drugs, poisonous '. 62 CITY OF SAN ANTONIO. 43 Section Educational establishments 88 Elections 12, 53, 54, 58, 101 Election officers 6 Election precincts 3 Election regulations 4 Electric plant, wires, rates, etc 57, 58, 63, 97, 98 Engineer, not to give lines in additions, unless 90 Encroachments 68, 90 Equalization board 116 Establishments, manufacturing '. . . . 61, 67 Excess in general fund 52, 108 Exhibitions, brutal and indecent 75, 77, 85 Expenses, expenditures and debts 52, 55, 57, 58 Factories 67 Fees, inspection 69, 99 Fighting 86,85 Filth 92 Finances 19, 51 Fines 100 Fires, fire department and fire limits 89 Firecrackers, fireworks and firearms 93 Fish 69 Foundries 61 Franchises 101,102,103,104,105 Fraudulent devices 75 Fruit 69 Fund, general 52, 106, 108 Funds, sinking 53,54, 108, 109 Funds, special 66, 106, 108, 109 Gambling 75, 78 Gardens, zoological 71 Gas and gas plants 57, 58, 63, 98 Gift of property 97 Good order 8 6 Grounds, private 64 Grounds, public 90 Gutters .' 92 Hacks and hackmen 76 ^ Hawkers 77 44 INDEX TO CHARTER OF Section Hay *. 80 Health 59,67,99,100 Hides 61,69 Highways 90,94 Hoops 93 Horses 82,83 Horns and bugles 9 3 Hospitals 60, 88 Hotels and public houses 76 Houses of assignation 75 Houses of correction 65 Houses, disorderly and prostitution 75, 78, 87 Houses, public 76 Houses, school 88, 98 Immoderate driving 82 Improvement districts . . 54, 55 Improvements, public 53, 5 4 Indecencies 75, 77 Inspection of commodities, buildings, weights, etc 69, 72, 79, 80, 88, 99 Intoxicating liquors 73 Judgments 42, 43, 112 Kites 93 Libraries 66 Licenses, callings 69, 75, 76, 77, 85, 99 Lighting 57,58,63 Limits, city 2 Limits, ward 3 Liquors 73 Lots, filling of, etc 62 Lotteries 75 Lumber 80 Malt liquors 73 Manufactories 61, 99 Measures 79,80 Meat markets and market houses 69, 61 Meetings 21 Mendicants 78 Milk 69 CITY OF SAN ANTONIO. 45 Section Misdemeanors 78,86,100 Morphine • 70 Mules 83 Music 71,78 Nuisances 59,61,67,68,93 Offal 61 Offices and 'officers 56, 16, 17, 18 Oil pipes 63 Opium 70 Ordinances, power to pass, etc 51, 35 Ordinances, to be published 36 Parks, public places and plazas 71, 90, 92, 93, 97 Passes, R. R 96 Pawnbrokers 77 Payment of debts and expenses 52, 55 Peddlers 77 Physicians 70, 84 Pin alleys 74 Police 65, 99, 100 Porters 76 Pounds, public 83 Prisons and poorhouses 65 Privies 61,62 Property, city and private 19, 51, 64 Prostitutes 78 Prostitution, houses of 75, 87 Public houses' 76 Public improvements 53, 5 4 Public places 81, 85, 90, 92 Punishments (see fines) 100 Quarantine 60 Quarrelling 86 Quorum 19, 20 Railroads 94, 9 6 Railroad tickets and passes 9 6 Railway, street 58, 94, 95, 96 Revenues, current 52 Riots 81 Rivers and streams 67 46 INDEX TO CHARTER OF Section Schools 88 School houses 98 Sewers 62,68,90,94,97,98 Sextons 84 Shade trees 71 Sidewalks 68, 71, 90, 91, 92, 93 Slaughtering establishments 61 Sparring exhibitions ' 85 Stables 61 Standard weights and measures 79 Stock yards 61 Streets and alleys 71, 82, 90, 91, 92, 93, 94, 97. 98, 100, 101 Subdivisions, property 9 Suits, .compromise of 47 Surplus in general fund 108 Tanneries 61 Taxation . . .19, 30, 31, 53, 54, 66, 106, 107, 116, 117, 119, 120, 121 Teams 93 Telegraphs 58,63 Telephones 58, 63 Theatres 73, 7 7 Tickets, railroad 9 6 Timber 80 Trees, shade 71 Unbonded debt 124 Utilities, public 58 Vacancies 14, 15 Vaccination 60 Vagrants 78 Vegetables 69 Velocipedes 93 Veto 26 Vote in council by yeas and nays 21 Wards 3 Warrants 5 2 Water and water works 57, 58, 63, 97, 98 Weapons, deadly 81 Weights and measures 79, 8 Whistles 93 CITY OF SAN ANTONIO. 47 Section Wood 80 Workhouses 65 Yea and nay vote in council 21 Zoological gardens 71 CITIZENS — Right to inspect records 38 CITY LIMITS 3 ^COCAINE. ^COCK FIGHTING. COLLECTOR: — Election and term of office 7, 9 Duties of 31 How removed .^ 10 Salary of 18 Shall not hold other office, or claim, or be surety 11 ^COLLEGES. ^COMFORT, PUBLIC. COMMISSIONS OF OFFICES — By whom issued 24 ^CONCERTS. ^CONDEMNATION OF PROPERTY 1 ^CONTAGIOUS DISEASES. CONTRACT — City may, and how . . . . , 1, 20 CONVEYANCE OF PROPERTY 1, 20 CORPORATE POWERS 1,48 By whom exercised '. 7, 16, 19 CORPORATION COURT AND JUDGE 34, 78, 100 Election and term of office 7, 9 Duties of 34 How removed 10 Salary of '. . . . 18 Shall not hold other office, or claim, or be surety 11 COSTS — No officer entitled to 41 COST BOND: — City not required to give 45 * See City Council. 48 INDEX TO CHARTER OF Section CREDITORS OF CITY 109, 112, 42, 43, 124 ♦CROSSINGS AND CULVERTS. ♦CURRENT EXPENSES (see also Budget). D *DAMS. DAMAGES: — City liable for, when 46 Not liable for sidewalks 46 Police officers, not liable for, when 42 ♦DANCES. ^ ♦DEADLY WEAPONS. ♦DEATHS. ♦DEBT — When void 40 Not subject to garnishment 44 ♦DEBTS AND EXPENSES (see also Creditors of City). ♦DEPOT GROUNDS ♦DEPOSITORY, CITY ♦DISEASE ♦DISORDERLY CONDUCT. ♦DISORDERLY HOUSES. ♦DISTRICTS, IMPROVEMENT. ♦DISTURBANCES. ♦DITCHES. ♦DOGS. ♦DOG FIGHTING. ♦DRAINS. ♦DRAYMEN AND DRIVERS. ♦DRIVING, IMMODERATE. ♦DRUGS, POISONOUS. * See City Council. CITY OF SAN ANTONIO. 49 Section E ♦ELECTIONS 3, 4, 5, 6, 9, 12, 15, 53, 54, 55, 58, 101 EMPLOYES, not to be inci'eased prior to election Ill ♦ESTABLISHMENTS, EDUCATIONAL OR MANUFACTURING. ♦ELECTRIC PLANTS, WIRES, RATES, ETC. ♦ENCROACHMENTS. ♦ENGINEER (see Officers, City). ♦EQUALIZATION, BOARD OF. EXAMINATION OF RECORDS BY CITIZENS 38 EXECUTION, SHALL NOT ISSUE 42 EXEMPTIONS: — Aldermen from jury service 18 From security or other bonds 45 From taxation and forced sale 43, 49, 106 EXHIBITS, FINANCIAL 28, 33, 124 ♦EXHIBITIONS, BRUTAL AND INDECENT. ♦EXPENSES, EXPENDITURES AND DEBTS. EVIDENCE, charter and certified copies, as 36, 37, 125 F . ♦FACTORIES. ♦FEES, no officer entitled to 41 ♦FEES, INSPECTION. ♦FIGHTING. ♦FILTH. ♦FINANCES. ♦FINES: — May be remitted by mayor 25 Must be paid into treasury 41 Refusal to obey call for posse comitatus 25 * See City Council. 50 INDEX TO CHARTER OF Section ♦FIRES, FIRE DEP'T AND FIRE LIMITS. ♦FIRECRACKERS, FIREARMS AND FIREWORKS. FISCAL YEAR 118 ♦FISH. ♦FOUNDRIES. ♦FRANCHISES: — Subject to taxation 30, 106 Quorum for granting 19 Granted by ordinance 20 ♦FRAUDULENT DEVICES. ♦FRUIT. ♦FUNDS: — Treasurer to keep account of 32 Sball not be diverted 108, 109 Excess, in general fund 108 G * GAMBLING. GARNISHMENT, shall not issue 44 ♦GAS AND GAS PLANTS. *GIFT OP PROPERTY. ♦GOOD ORDER. GOVERNMENT, MUNICIPAL, consists of, whom 7 ♦GROUNDS, PUBLIC AND PRIVATE. ♦GUTTERS. H ♦HACKS AND HACKMEN. ♦HAWKERS. ♦HAY. * See City Council. CITY OF SAN ANTONIO. 51 Section ♦HEALTH. *HIDES. ♦HIGHWAYS. *HOOPS. * HORNS AND BUGLES. * HORSES. ♦HOSPITALS. ♦HOTELS AND PUBLIC HOUSES. ♦HOUSES OF ASSIGNATION. ♦HOUSES OF CORRECTION. ♦HOUSES, DISORDERLY AND OF PROSTITUTION. ♦HOUSES, PUBLIC. ♦HOUSES, SCHOOL. ♦IMMODERATE DRIVING. ♦IMPROVEMENT DISTRICTS. ♦IMPROVEMENTS, PUBLIC, warrants for 108 INCREASE OP EMPLOYMENTS before election prohibited. . . Ill ♦INDECENCIES. INDEBTEDNESS (see Bonds; Bonded Debt; Unbonded Debt; Debts and Expenses; Judgments). Certificate of by officer, not to issue 113 ♦INSPECTION OP COMMODITIES, BUILDINGS, WEIGHTS, ETC. 'INTOXICATING LIQUORS. JUDGE, JUROR OR JUSTICE. Citizen not disqualified to serve as 42 See City Council. 52 INDEX TO CHARTER OF Section JUDGMENTS 42, 43, 112 K ♦KITES. L LABORERS: — How paid; number of not to be increased before election. . Ill How paid on pay roll 113 Wages of, not assignable 113 LANDS (see Sewer Farm; Exemptions). How acquired, convej-ed and leased 1, 20 *LIBRARIES. *LICENSING OF CALLINGS, ETC. *LIGHTING. LIMITS: — City 2 Ward 3 *LIQUORS. *LOTS, filling of. *LOTTERIES. ♦LUMBER. M *MALT LIQUORS. * MANUFACTORIES. * MARKETS AND MARKET HOUSES. MAYOR: — Member of board of equalization 116 Member of city council 7, 21 Qualification of 8 Election and term of office 7, 9 Shall not hold other office, or claim, or be surety 11 * See City Council. CITY OF SAN ANTONIO. 53 Section Shall give notice of elections 12 Shall fill vacancies , 14 Shall appoint officers 16 May remove appointive officers 17 Salary of 18 Shall preside at council meetings and vote when 21 Other duties of 23, 24, 25, 26, 27, 28, 36, 39 Notice of damages, to be given to 46 How suspended or removed 10 Vacancy in office of, how filled 15 MAYOR PRO TEMPORE 22 Salary of 18 ♦MEASURES AND WEIGHTS, ETC. *MEAT (see Markets and Market Houses). * MENDICANTS. MILITIA, mayor may call out 25 *MILK. *MISDEMEANORS. * MORPHINE. * MULES. *MUSIC. N ♦NUISANCES. o OATH OF OFFICE 13 OCCUPATION TAX (see also Taxes and Taxation) 107 * OFFAL. ♦OFFICERS, CITY: — Qualifications of 8 Terms of office 9, 17 * See City Council. 54 INDEX TO CHARTER OF Section Elective officers, who are, when elected and when to qualify 7,9,14 Appointive officers, how chosen 16 Oath and bond 13 Removal and suspension of officers 10, 17, 14, 8, 11 Vacancies, how filled 14, 15,16 Office created and abolished by council 16 Salaries of and how fixed 18 Salaries of board of equalization . 116 Entitled to warrants Ill, 113 Not entitled to warrants if indebted to city 114 Shall not assign wages 113 Reports of 24, 39 Not to purchase claims, or be surety 11 Old, continued in office 50 *OIL PIPES. *OPIUM. *ORDER, GOOD. ♦ORDINANCES: — Authority to pass i Quorum for passing 19, 20 Requirements of 35 To be published 36 When to take effect 36 What required to be done by 20 Debt void, unless authorized by 40 In what cases city council acts by 51 to 108, 110 Taxes levied by 106, 107 Special funds created by 108 Old, continued in force 50 P PARDONS, granted by mayor 25 ♦PARKS, PLAZAS, ETC. ♦PASSES, RAILROAD. * See City Council- CITY OF SAN ANTONIO. 55 Section ♦PAWNBROKERS. ♦PAYMENT OP DEBTS AND EXPENSES. PAY ROLLS Ill, 113 ♦PEDDLERS. PENALTY, delinquent taxes 120, 119 ♦PHYSICIANS ♦PIN ALLEYS. ♦POLICE: — How appointed 16, 25 How removed 17 Salary of, fixed by council 18 Not liable for damages, when 42 Not entitled to fees 41 POLL TAXES (see Taxation). ♦PORTERS. POSSE COMITATUS: — May .be summoned by mayor 'ih ♦POUNDS. PUBLIC. ♦PRISONS AND POOR HOUSES. ♦PRIVIES. ♦PROPERTY (see also Conveyance of Property). ♦PROSTITUTES AND PROSTITUTION. ♦PUBLIC HOUSES. ♦PUBLIC IMPROVEMENTS. ♦PUBLIC PLACES. ♦PUNISHMENTS. Q ♦QUARANTINE. ♦QUARRELLING. QUORUM OP CITY COUNCIL 19, 20 * See City Council. 56 INDEX TO CHARTER OF Section R * RAILROADS, RAILROAD TICKETS AND PASSES. *RAILWAYS, STREET. RECORDS, Citizens may inspect (see also Evidence) 38 RECORDER (see Corporation Court). REPEALING CLAUSE 126, 125, 50 REPORTS OF OFFICERS 24, 28, 39, 31, 32, 33 RESIGNATIONS AND REMOVALS PROM OFFICE (see Vacan- cies; also Officers, City). RESOLUTION, council may act by 20 * RIOTS, mayor may suppress 25 * RIVERS AND STREAMS. S SALARIES (see Officers, City). *SANITARY PURPOSES AND SEWERS: — City may acquire property for *SCHOOLS AND SCHOOL HOUSES. SEAL, CORPORATE *SEWERS:^ Farm not to be conveyed or leased . . . . *SEXTONS. *SHADE TREES. * SIDEWALKS. * SLAUGHTERING ESTABLISHMENTS. *SPARRING EXHIBITIONS. * STABLES. ♦STANDARD WEIGHTS AND MEASURES. ♦STOCK YARDS. • See City Council. CITY OF SAN ANTONIO. 57 Section SPECIAL FUNDS (see Funds). •^STREETS AND ALLEYS. '^SUBDIVISIONS OF PROPERTY. SUITS: — Compromise of 47 For taxes 121, 122,123 SURPLUS IN GENERAL FUND 108. SUSPENSION PROM OFFICE (see also Officers, City) 10, 17 T *=TANNERIES. ^TAXATION (see also Exemptions): — Budget for 27 Board of Equalization 116 Quorum required to levy 19 Assessment for and when rolls completed 30 Collection of 31 Rate of 106, 117 Occupation and poll 107 Exemptions from 49,106 What subject to and when 106, 30, 118 Payable in money 115 How levied and collected and when payable 116 Interest and penalty are delinquent 119, 120 When taxes due 119 Lien for and how collected 121, 122, 123 Council may compromise suits for 47 Taxes barred in ten years 123 Payment of indebtedness provided by 43 Warrant not to issue to delinquent taxpayer 114 TAXPAYERS, when may vote r> * TEAMS. '=TELEGRAPHS AND TELEPHONES. "THEATRES. • See City Council. 58 INDEX TO CHARTER OF Section ♦TICKETS, RAILROAD. ♦TIMBER. TREASURER: — Election and term of office 7, 9 Duties of 32 How removed 10 Salary of 18 Shall not hold other office, or claim, or be surety. ...... 11 Shall not divert funds 108, 109 Not liable when depository designated 110 ♦TREES, SHADE. u ♦UNBONDED DEBT (see also Debts and Expenses) 124 ♦UTILITIES, PUBLIC. V VACANCIES (see Officers, City) 14, 15, 16, 8, 11 ♦VACCINATION. ♦VAGRANTS. ♦VEGETABLES. ♦VELOCIPEDES. VETO BY MAYOR 26 VOTE IN COUNCIL BY YEA AND NAY 21 w WAGES (see Salaries of Officers) 113, 111, 114 WARDS OF CITY (see Aldermen): — Number and boundaries of 3 Shall not be changed before elections 3 One alderman from each 7,9 Alderman must be resident of 8 • See City Council. CITY OF SAN ANTONIO. 59 Section •WARRANTS: — How signed 24 Creditors entitled to and how paid 112 For salaries Ill, 113 May be transferred 113 Not to bear interest nor receivable for taxes 115 Officer not to purchase 11 On special and improvement funds 108 Debts must be provided for by ordinance 40 Not to be delivered to delinquent debtor 114 ♦WATER AND WATERWORKS. ♦WEAPONS, DEADLY. ♦WEIGHTS AND MEASURES. ♦WHISTLES. ♦WOOD, ♦WORK HOUSES. Y YEA AND NAY VOTE IN COUNCIL 21 ^ZOOLOGICAL GARDENS. See Oity Council. //^^ j4t. CHARTER TULSA, OKLAHOMA ..ipd by ixj.uu oi Freeholder Adopted July 3, 190S m CONTENTS TULSA CITY CHARTER ARTICLE I. Pages. Incorporation and Territory 1- 2 ARTICLE II. Powers of City 2-20 Revenue and Taxation 2- 3 Police Department 3- 7 Fire Department 7- 8 Health, Sanitation, Cemetery 8-11 Municipal Service 11-14 Franchises 14-19 ARTICLE III. Board of Commissioners 19-28 ARTICLE IV. City Attorney — Alunicipal Court_ — City Treasurer 28-31 ARTICLE V. Park Board 32-34 ARTICLE VI. Assessment and Collection of Taxes 34-45 ARTICLE VII. Public Utilities 40-45 ARTICLE VIII. Ordinances 45-46 , ARTICLE IX. Street and Sidewalk Improvements • 46-60 ARTICLE X. Recall of Elective Officers 60-61 ARTICLE XI. Miscellaneous Provisions 61-71 Charter of the City of Tulsa, 1908 Prepared and proposed by a Board of Free-Holders, coinposed of two members from each of the four waids of the City of Tulsa, State of Oklahoma, elected bj' the qualifled electors of said city, at a special elec- tion, held in the said City of Tulsa, on the fourth day of February, 1908, under and pursuant to the provisions of Article IS of the Constitution, State of Oklahoma. ARTICLE 1. INCORPORATION AND TERRITORY. Section 1. INCORPORATE NAME. All inhabitants of the City of Tulsa, Tulsa County, Oklahoma, as the boundaries and limits of said city are here established, or may be hereafter established, shall be a body politic and incorporate under, and to be known by the name and style of the "City of Tulsa," with such powers, rights and duties as herein pro- vided. CITY LIMITS. Section II. BOUNRARIES. All boundaries and limits to the City of Tulsa are hereby established and described as follows: Beginning at the intersection of the range line between range thirteen (13) and twelve (12) East with boundary line between the Cherokee and Creek Nations. Thence South along said range line to its intersection with the center line running through sections twelve (12) and seven (7), ranges twelve and thirteen (13), township nineteen (19). Thence West along the center line of section twelve (12) to the cen- . ter of section eleven (11) in range twelve (12), town- ship nineteen (19). Thence North along teh center line of sec- tions eleven (11) and two (2), range twelve (12) township nine- teen (19) to its intersection of the boundary line between the Creek and Osage Nations. Thence West along the boundary lines between the Creek and Osage Nations to its intersection with the 96th Meridian. Thence North along the 96th Meridian to the North line of the Brady Heights, an addition to the City of Tulsa. Thence East along the North line of Brady Heights to the center line of Cheyenne avenue. Thence South along the center line of Cheyenne avenue to its intersection with the center line of Haskell avenue, the same being the North line of North Tulsa, an addition to the City of Tulsa. Thence East along the said North line of North Tulsa to its intersection with the center line of Exter Place, the same being the East boundary TULSA CITY CHARTER. line of North Tjlja. mi addil^on to the City of Tulsa. Thence South along- the fair! East bcundary line of North Tulsa to its ' intersection with thublic amusements, and to suppress the same whenever the preser- vation of order, tranquility, public safety or good morals may demand. 3. To prohibit dram shops, drinking saloons and other places where intoxicating liquors are sold, and to close variety theatres when neces- sary, expedient or advisable. 4. To prohibit and punish keepers and inmates of bawdy houses and variety shows; to prevent and suppress assignation houses and houses of ill fame, and to regulate, colonize and segregate the same, to determine such inmates and keepers to be vagrants, and provide for the punishment of such persons, and to prevent all desecration of the Sab- bath, commonly called Sunday, and to prevent all kinds of public inde- cencies. 5. To inspect weights and measures, fix standards of weights and measures, and to fix penalties for not using or conforming to the same, and to provide that inspection fees may be fixed by ordinance. 6. To make all needful and proper regulations concerning keepers of hotels, taverns, and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers and drivers of baggage wagons, and other vehicles; to establish maximum rates for all kinds of transportation within the city limits, to prevent extortion and to TULSA CITY CHARTER. preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains, and to provide how and where hacks or other vehicles shell stand or take their posi- tion upon the streets adjacent or near the said depots, and where they shall stand when not receiving or discharging passengers. 7. To suppress gambling houses and to punish keepers of gambling houses and pool sellers, and all persons who play cards or games of chance nf any kind, and to punish persons who sell lottery tickets or who advertise lottery drawings or schemes and results of drawing of lotteries. 8. To provide for the reg^ulation of bakers and to prescribe the weight, quality and price of bread manufactured or sold in the City of Tulsa, according to the price of the material or otherwise, and to provide for the inspection of milch cows, whether kept within the city or without the city limits, from which milk is sold within the city, and to provide for the inspection of the milk offered for sale, and to prescribe the fees to be charged therefor. 9. To establish and regulate public grounds, and to regulate and restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, chickens geese and pigeons and to authorize the distraining, impounding and sale of the same for the cost of the proceedings and the penalty incurred and to order their destruction when they cannot be sold, and to Impose penalties upon the owners thereof for the violation of any ordinances regulating or prohibiting the same. 10. To tax, regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordi- nances, and to impose penalties upon the owners and keepers thereof. 11. To prohibit and restrain or regulate the rolling of hoops, the flying of kites and firing of firecrackers, the use of velocipedes, roller skates and bicycles, sling-shots, and the use of any pyrotechnic or any other amusement or practices tending to annoy persons passing upon the streets or sidewalks, or to frighten horses and teams. * 12. To restrain and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets or side- walks, by auctioneers and others for the purpose of business,amusements or otherwise. 13. To prohibit mendicants, beggars or persons of infirm or maimed bodies, or suffering with diseases of any kind, from soliciting alms, help or assistance upon the streets or sidewalks of said city, and to prescribe a penalty by fine for a non-observance thereof. 14. To prohibit and regulate the ringing of bells and blowing of whistles of railroad engines or locomotives within the city limits, and to regulate and control the speed thereof. 15. To regulate and control the driving of cattle, horses and all other animals into or through the city. 16. To prevent all trespasses and breaches of the peace and good order, assault and batteries, fighting, quarreling, using abusive, profane TULSA CITY CHARTER. and insulting language, misdemeanors and all disorderly conduct and to punish all persons thus offending. 17. To require, on due notice, all steam or street railway companies owning tracks within the city limits, upon the public streets or high- ways of said city, which may have been or may hereafter be abandoned by said companies by non-use, to remove such tracks and to restore at their own expense the street or way upon which such abandoned track is locr.ted to its former condition. 18. To prohibit, prevent and suppress horse racing, immoderate rid- ing and driving in the streets of said city. 19. To prohil.' t crv'=-l treatment of animals and to punish the abus- ers of animals. 20. To compel persons to fasten their horses or other animals attached to vehicles or otherwise hitched, or standing in the streets. 21. To restrain and punish vagrants, mendicants, beggars and pros- titutes. 22. to regulate and control the sale, gift, barter or exchange of co- caine, opium, morphine and salts thereof. 23. To license, tax and regulate auctioneers, clairvoyants, contract- ors, druggists, hawkers, peddlers, palmists, bankers, brokers, pawn- brokers, merchants of all kinds, grocers, confectioners, restaurants, butchers, taverns, public boarding houses, billiard tables and other gam- ing tables, bowling alleys, drays, hacks, carriages, omnibuses, cars, wag- ens and other vehicles used in the city for pay, hay scales, lumber deal- ers, undertakers, furniture dealers, saddlery or harness dealers, station- ers, jewelers, livery stable neepers, real estate agents, express companies or agencies, telegraph companies or agencies, life or fire insurance companies or agencies, shows, theaters, all kinds of exhibi- tions for pay, and all other trades, professions, occupations and call- ings of» every kind. To license and regulate any itinerant or transiertt vendor of clothing or wearing apparel or article of bedding or mer- chandise of any description whatever, ticket brokers, or scalpers, or deal- ers in railway tickets, dealers in bankrupt or fire stock, or damaged stocks of any kind, second-hand dealers, pawn brokers, junk shops and dealers in junk, and all other business or occupations whatever, whiyh in the opinion of the Board of Commissioners shall be property subject to police regulation. To require the person or persons or corporations pur- suing any business or occupation mentioned in this section, to give all bonds in such amounts and under such condition as the Board of Com- missioners may prescribe; no license shall be assignable, except by the permission of the Board of Commissioners. 24. To license, tax, regulate, prevent or suppress paupers, peddlers, pawnbrokers, and keepers of theatrical or other exhibitions, shows and amusements. To license, tax and regulate or prohibit theatres, circuses, moving picture shows, and exhibitions of common showmen, and of shows of any kind, and the exhibition of natural or artificial curiosities, menageries and musical exhibitions and performances and to regulate and license or prohibit street parades, bill posters, pool tables, striking TULSA CITY CHARTER. machines, lung testers, doll racks, cane racks and exhibitions, devices and things for which a fee is charged. 25. To prevent all prize fights, boxing matches, sparring exhibi- tions, cock fighting and dog fighting, and punish all persons thus of- fending. 26. To regulate, control and prohibit the carrying of firearms, and other weapons within the city limits, and to provide and inflict the same punishment therefor, as is now or hereafter may be provided by state laws against persons unlawfully carrying weapons. 27. To provide workhouses for vagabonds and disorderly persons, who are unable, or refuse "to pay fines, or who have been sentenced ti fine and imprisonment,or to compel them to work on the streets, alleys and public works, and make all necessary regulation concerning the same, and to provide, keep and regulate a city prison. 28. To define what shall be nuisances in the city, and within one thousand feet of the corporation line outside of the city limits, and te abate such nuisances by summary proceedings and to punish the authors thereof by penalties, fines and imprisonments. 29. To prevent dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, boilers and other heating appa- ratus and cause the same to be removed or made safe. 30. To regulate the use of automobiles, motor cars, motor cycles, or any motor vehicle and the speed thereof; to prescribe the proper light- ing of same when used at night; to issue permits for the use of suyh vehicles and to require the numbering of said vehicles. 31. To control and regulate the location and use of all kinds of steam engines and steam boilers in the city and prescribe the qualifica- tions of persons operating and running the same, and to adopt such rules and regulations in relation thereto as may seem best for the public safety and comfort. 32. To inspect the construction of all building in the city and to prescribe and enforce proper regulations in regard thereto; to regulate and locate or prohibit the erection of all poles in the city, and cause the same to be changed whether telegraph, telephone, electric light or other- wise. 33. The city shall have power to establish, maintain and regulate a city prison, workhouse and other means of punishment, for vagrancy, city convicts and disorderly persons, houses of correction and reform- atories for youthful criminals. 34. The City of Tulsa shall have the power to regulate levees, depots, depot grounds and places of storing freight and goods, and provide for the passage of railways through the streets and public grounds of the city; also to regulate the crossing of streets by railway tracks, and re- quire gates or flagmen at street crossings, and to provide precautions and prescribe rules regulating the same and to regulate the running of railway engines, cars and trucks and street cars within the limits of said citj-, and to prescribe rules relating thereto, and to govern the speed thereof, and to make any other and further provisions, rules and restric- TULSA CITY CHARTER. tions to prevent accidents at crossings and on the tracks of railways and street railways and to prevent fires from engines. 35. To regulate, locate and prohibit the stringing or placing of tele- graph, telephone, electric or other wires and to enforce such regulation in regard thereto and to require and regulate the placing of any such telegraph, telephone, electric or other wires under ground. 36. To regulate or prohibit the keeping of cows, hogs, goats, dogs, chickens, gees or pigeons within the city or within certain prescribed limits of the city. FIRE DEPARTMENT. Section 4. FIRES. The City of Tulsa shall have power: 1. To provide means for the protection against and the extinguish- ment of fires, and shall provide for the regulation, maintenance and sup- port of a Fire Department, and for the purpose of guarding against the calamity of fire, may prescribe fire limits, and may regulate or pro- hibit the erection, building, placing or repairing of wooden buildings within such fire limits in said city as may be designated and prescribed as fire limits, and may also within said limits prohibit the moving or putting up of any wooden buildings from one place to an6ther within said limits, and may direct and prescribe that all buildings within the limits so designated in the ordinance as fire limits, shall be made or constructed of fireproof mtaerial, the kind, character, extent and quality of which buildirgs and material may, by ordinance, be prescribed and fixed, and may prohibit the repairing of wooden buildings in fire limits when the same shall have been damaged to the extent of thirty-three and one-third per cent of the value thereof, and may prescribe the man- ner of escartaining such damages, and may declare all dilapidated build- ings to be a nuisance, and direct the same to be removed or abated In such manner as the Board of Commissioners may prescribe, and may declare all wooden buildings in the fire limits, which thej^ deem dan- gerous to contiguous buildings, or which may cause or promote fires; to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fireproof roofing may be used, and may impose a penalt yfor violation of such rules and regula- tions. The city shall have the right, by ordinance, to regulate, prescribe and govern the storage of lumber, sash, doors,, blinds, nitroglycerine, dy- namite, powder and any and all commodities of an inflammable, com- bustible or explosive nature and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits within which such mate- rials may be carried, and fix penalties for violation of the rules and ordi- nances governing the same. 2. To procure fire engines, hooks, ladders, buckets and other appa- ratus, and organize fire engine, hook and ladder and bucket companies, and prescribe rules of duty for the government thereof, with such pen- alties as they may deem proper, and make all necessary appropriations therefor. 3. To regulate or prevent the carrying on of manufactories and TULSA CITY CHARTER. »*her worKs dangerous in causing' fires, and to regulate the location of cotton presses, sheds and other builaings dangerpus on account of flres. 4. To prevent the deposit of ashes in unsafe places and cause 1 he removal from one's premises of all trash, old papers, straw, goods I oxes, barrels and anything else dangerous on account of fire, and all f 1th, slops and animal or vegetable matter and everything else offensive a Id dangerous to health and comfort, and to cause all buildings and ei closures in a dangerous state to be put in a safe condition. 5. To regulate the size, number and construction of doors and stair- wiiys of theatres, tenement houses, hotels, boarding houses, apartment houses, audience rooms, public halls, school houses and buildings used foi the gathering of a large number of people, whether now built or hei Rafter to be built, so that there may be convenient, safe and speedy exit in case of fires. 6. To require the construction of suitable fire escapes on or in hotels, lodging houses, factories and school and other buildings, whether now buili, or hereafter to be built. I. To compel the owners or occupants of houses or othed biuld- ings to have scuttles in their roofs and stairs and ladders leading to the same. S. To authorize one or more officers, agents or employes of the citj^ to enter in and upon all buildings and premises to examine and discover whether the same are dangerous, on account of fire, or in any unclean state, and cause all defects to be reemdied, and filth and trash to be re- moved, and generally the Board of Commissioners shall have power to establish such regulations for the prevention and extinguishment of fires as it may deem expedient. HEALTH, SANITATION, CEMETERY. Section 5. HEALTH. The City of Tulsa shall have power: 1. To regulate burial grounds, crematories and cemeteries, and to prohibit burial within the city limits if deemed advisable, or, if neces- sary to protect the public health, and to condemn and close burial grounds and cemeteries in the thickly settled portions of the city, and when demanded by the public interest or public health to remove or cause to be removed bodies interred in such condemned and closed ceme- teries and burial grounds, and shall cause them to be reinterred in a suitable place to be provided by the city, at its expense, and whenever advisable the city may condemn the land proposed to be used for the re-interring of bodies in the saem manner as provided in Section 1, Article 2, of this Charter, and use such condemned ground formerly used for cemeteries for such purposes as may best subserve the interests of the city. The Citv of Tulsa shal have power to purchase, hold and pay for lands not exyeeding one hundred and sixty acres in one body, outside the limits of such city, for the purpose of the burial of the dead. The Board of Commissioners shall provide for the survey, platting, grading, fencing, ornamenting and improveing all the burial and cemetery grounds and the avenues leading thereto, owned by such city, and may construct 10 TULSA CITY CHARTER. walks in rear and protect ornamentaJ trees therein and provide for pay- ing the expenses thereof. To convey by certificates, signed by the Mayor and countersig-ned by the iCty Auditor, under the seal of the city, cemetery lots, owned by such city,, specifying' that the purchaser, to whom the same is issued, is the owner of the lot or lots described therein by number, as laid down on such map or plat, for the purpose of interment, and such certificates shall vest in the pur( baser, his or her heirs and assigns, a right, in fee simple, to such lot for the sole purpose of interment under the regulations of the Board of Commissioners, and such certificate shall be entitled to be recorded in the oflice of the register of deeds of the proper county with- out further acknowledgment; and such description of lots shall be deemed and recognized as sufficient description thereof. The Board may limit the number of lots which shall be owned by the same pers^on, at the some time; may prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots, and may prohibit any di- vision of the use of said lots and any improper adornment thereof; but no religious test shall be made as to the ownership of the lots, the burial therein, or the ornaemntation of the graves, or of such lots. To pass rules and ordinances. Impose penalties and fines, not ex- ceeding one hundred dollars, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and punishing tres- passers therein; and the officers of such city shall have as full jurisdic- tion and power in the enforcing of such rules and ordinances as though they related to the city itself. 2. To regulate the burying of the dead, the registration of births and deaths, direct the keeping and returning of bills of mortality, and impose penalties on physicians, undertakers, sextons and others for any default in the premises. 3. The City of Tulsa also shall have the power, by ordinance, to authorize the destroying of clothing, bedding, furniture, and buildings infected with the germs of any Infections or dangerous disease when the public health requires the destruction of the same, and may also in the same manner authorize the destruction or removal of buildings or other objects after the same shall have been declared a nuisance and to be dangerous to the health or lives of the citizens of said city. 4. To make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws for that purpose, and to enforce them within the city and within five miles thereof. L The City of Tulsa is hereby given full power and authority to take such steps to improve and preserve the purity of the watei of the Arkansas river above the City of Tulsa, as it may th'nk necessary; pro\\ded, that the power in this section shall not be construed to give said corporation any jurisdiction or control over said ri'/er beyond the corporate limits of said city, except for the purpose of protecting and improving the water shed, i. e., the water supply of both the Arkansas river and the snialler streams or tributaries; provided fur> tj.er, that the said corporaticn shall hs've the right to condemn land tjijildings and outhouses or .-losets when it may deem the same necessarj TULSA CITY CHARTER. 11 for the protection and preservation of the purity of the water in said river, and shall have power to control the same. The City of Tulsa shall also have power to require any persons or corporations owning of operating- manufacturing enterprises within or without the city which shall discharge refuse matter into Arkansas river or its tributaries, to make other provisions for such refuse matter or so purify the same so that the public health will be fully protected. 6. To require the owners of private drains, sinks and privies, to fill up, cleanse, drain, alter, relay, repair, fix and improve the same as they may be ordered by i^esolution or ordinance, and impose penalties upon persons failing to do the same. If there be no person in the city upon whom such order can be served, the city may have such work done, and costs of the same shall be a lien on the property and taxed up against it, and collected in such manner as the Board of Commissioners may deterimne. 7. To prc-vent any person from bringing, depositing or bur:--ing within the city limits, the carcasses of any dead animal, or other un- wholesome substance, or matter, or filth of any kind, and to require prompt removal of the same, and impose all necessary penalties for th? enforcement of such powers. S. To provide for the inspection of dairies inside and outside the city limits, doing business within the city, and to charge and provide license fees for inspection; to establish and maintain a standard of san- itary conditions governing dairies Inside and outside ths city, doing business within the city; to establish and maintain a standard ci quality of all dairy products sold in the city, and to provide for penalties for the violation thereof. 9. To regulate and license butchers and prevent their slaughtering animals in the city limits, and revoking their license for malccnduct in trade, and to regulate, license and restrain the sale of fresh meat, fruits and vegetables, and the slaughter of animals and to license and regulate or prohibit slaughter houses within the city limits. 10. To compel the owner or occupant of any grocery, soap, tallow or chandler establishment or blacksmith shop, tannery, stable, slaughter house, distillerj^, brewery, or other building, or sewer, privy, bids house, or other unwholesome or nauseous place or house to cleanse remove, fill up, repair or abate the same, as may be necessary for the health, comfort and convenience of the inhabitants. 11. To regulate the inspection and slaughter of animals and the sale of fresh meats within the city, and the inspection and the sale of flour, meal, fish, salt and other provisions, and all other articles of food or drink whatsoever, to be consumed within the city, and to appoint inspectors, weighers and gangers, and prescribe their duties and powers, and to regulate their fees, and to provide for the inspection and weigh- ing of hay and coal, ice, and the measurement of coal, gas and other fuel to be sold in the city. 12. To regulate, restrain, locate, abate or prohibit slaughter houses, gas I'eservoirs and tanks, glue factories bone boilers, hide hou^:ei or es- tablishments for burning hides, soap factories, places for rendering lard. 12 TULSA CITY CHARTER. tallow, offal and other substances that can be rendered, and all other establishments where any nauseating, dangerous, offensive or unwhole- soem business may be carried on. 13. — The City of Tulsa shall have the right and power, by ordinance, to provide that the tenant or owner of any property shall pay to the city reasonable charges for the removal of night soil or other refuse matter from the closets of the premises thereof, and to prohibit any one except some one in the employ of the city, or by the city authorizec to do so, from removing or carrying away the contents of any privy, vault or water closet, or any receptacle of human excrement, and the city shsll have the right to have inspected the premises of all persons, at any time, in the interests of the public health,' and for the purpose of making faid inspectian, the officers or agents of the city, duly authorized to do so, shall have a right to enter upon the promises of any person at any hour during the daytime to make said inspection. Whenever notice is given by any officer or employe of the city inspecting any premises that said premises need cleaning, the said night soil or other refuse matter shall be removed and the owner or tenant of said premises shall pay the city the pi'ice prescribed therefor, and failure to do so shall subject said per- son to the penalties to be prescribed by ordinance, and said persons shall be fined, upon conviction in the Police Court, in any sum not less than one dollar nor more than one hundred dollars. 14. The City of Tulsa shall have jurisdiction over all places within five miles of the corporate limits of the city, for the enforcement of all health, quarantine or water works ordinances and regulation thereof. 15. The Board of Comimssioners are hereby authorized and re- quired to create a Board of Health for the city, whose duties and juris- diction shall be determined and prescribed by the said Board of Commis- sioners; said Board of Health to consist of not more than fire reputable physicians of the City of Tulsa, to be appointed by the Mayor and con- firmed by the Board of Commissioners. 16. The Board of Commissioners shall appoint a Commission of Charities, not exceeding three members, and prescribe by ordinance their duties. Section 6. MUNICIPAL SERVICE. The City of Tulsa shall have power: 1. -To buy or construct, own, maintain and operate a system or sys- tems of waterworks, gas or electric lighting plants, telephone, street cars and sewers, or any other public service or enterprise that may be ap- proved by a majority of the qualified voters of the City of Tulsa, voting therefor, at any regular election for city officers, or at a special election called for that purpose, in accordance with the provisions of the Char- ter; and may demand and receive compensation for such service fur- nished for private purposes, and shall have power to condemn the prop- erty of any person, firm, or corporation, for the purpose of operating and maintaining any such utility, and for distributing such service through- out the city or any portion thereof, but in such condemnation proceed- ings no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City of Tulsa. TULSA CITY CHARTER. 2. To acquire or owi within or witliout the city limits either by pur- chase, donation, bequest or otherwise, all property it may need for any municipal purpose, whetever; and all necessary right of ways thereto, and shall also have the power to sell and dispose of the same, except as otherwise provided in lis charter. 3. To provide aU aeedful buildings for the use of the city; to pro- vide for enclosing, i' .proving, ornaemnting and regulating all public grounds belonging t the city; to provide hospitals and regulate and maintain the same, md to permit or prohibit private hospitals; and to establish an acti' system of inspection over premises and conduct of persons. To purchase o;. condemn and hold for the city, within, or outsidi of the city limits witMn five imles therefrom, all necessary lands for hos- pital purposes and waterworks and erect, establish and regulate the hos- pitals, workhouses and poorhouses, and provide for the governmeu- and support of the same, and make regulations to secure the general health of the city, and to prevent and remove nuisances, and to make provision? for furnishing the city with water; and water rates shall be fl.Ked an- nually by the council at their first meeting in June; provided, the con- demnation of such property outside of the city limits shall be regulated >Q all respects as provided by lav for the condemnation of property tor railroad purposes; and provided, further, that the police jurisdiction of the city shall extend over such lands and property to same extent as over public cemeteries. 4. To lay out, establish, open, alter, widen, lower, raise, extend, grade, narrow, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks public places and bridges and to vacate and close the same; to sprinkle, sweet and care for the streets and regulate the use thereof; and to require the removal from the streets and sidewalks of all obstructions, telegjaph, telephone, sti-eet railway or other poles carrying electric wires, signs, fruit stands, show cases, aM'nings, and encroachments of every character upon said streets and sidewalks; and to vacate and close private ways. The cost of constructing sidewalks and keeping the same in repair, together with the cost of cellection, shall be defraj-ed entirely by the property owners in such mannes as the Board of Commissioners may provide, and shall be a perpetual lien on the property until paid. 5. To prevent any street or sidewalk from being dug up or excava- tions to be made therein, un.less the same be done with the permission of the Board of Commissioners and under the direction of the City Engi- neer, or other ofiicer designated by the Board of Comimssioners, and to prescribe and exact fees for such privileges and deposit as guarantees of proper restoration of such streets or s:(if walks. 6. To regulate, establish and charge the grade of all sidewalks, streets and premises and to require and ocmpel the filling up and raising the same. 7. To permit, prevent and regulate the laying of gas, water and sewer mains and pipes in the City of Tulsa; to compel any person using 14 TULSA CITY CHARTER. the J-treets, alleys or sidewalks for building or other purpores to i-epair, clean up and restore said streets, sidewalks and allews so used. 8. To provide for, establish and maintain a free public library within the city, and to co-operate with any person, firm or corporation under such terms as the Board of Commissioners may prescribe for the estab- lisliment of such free library, and to that end they shall appropriate an- nually out of the general revenue of the city a fund for the support and maintenance of said Public Library. 9. To buy, establish, lease, maintain, regulate and operate markets and market places, and abattoirs, and to build, own and maintain build- ings therefor, and to rent and lease the same. 10. To establish and maintain sanitary closets for for the service of the public, and to obtain by purchase or condemnation property for £,ach closets. 11. The City shall have power to open, widen, extend or otherwise improve any street, avenue, alley; and to annul vacate or to discontinue the same or to grant to any other public use when deemed necessary or expedient; to provide that all damages sustained by citizens of the city or owners of property therein shall be ascertained by condemnation pro- ceedings, such proceedings shall be had in all respects as provided by law for the candemnation of property for municipal purposes in cities of the first class, and provided further, that whenever any street, avenue or alley shall be vacated the same shall revert to the owners of real estate thereto adjacent on each side in proportion to the frontage of said real estate except in cases when such streets, avenues or alleys shall have been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots of real estate in proportion as it was taken from them, provided, that when in the opinion of the Board of Commissioners of the city, that it is necessaiy to re-open such alleys that they may order such alley opened without any expense to the city. 12. The City shall have power to prohibit and prevent all en- croachment into and upon the sidewalks, streets, avenues, alleys and other property of the city, and may provide for the removal of all obstructions from the sidewalks, curbstones, gutters and cross walks at the expense of the owners or occupiers of the grounds fronting thereon, or at the Expense of the person placing the same there; the city may also regulate the planting and protection of shade trees in streets and the building of bulk heads, cellar and basement ways, stairways, railposts, awning posts, and all other structures projecting upon or over and adjoining, and all excavation through and under the sidewalks or along the streets of the city. 13. The City shall have power to establish, alter and change the channel of water courses and wall them and cover them over; and may establish make and regulate public wells, cisterns, equeducts and reservoirs of water, and provide for the filling of same. 14. The City shall have power to provide for and regulate the lighting of the streets and erecting of lamp posts and shall have power to make contracts with and authorize any person, company or associa- TULSA CITY CHARTER. 15 tion to ere.;t gas or electric works in such city and give sucli person, company or associatj )n the privilege of furnishing gas or electricity to light the afreets ani alleys of said city for any length of time not exceeding twenty fivfl years but no such grant shall be construed as to prevent the city from granting to other persons, or companies, or cor- porations the right to use the streets for like purposes; and all such grants shall be subject, at all times to reasonable regulation, by ordi- nance. 15. To fix the salary of any offlcer of the city, not fixed by this charter; to create such other offices as may be required from time to time and to abolish seid offices and to fix the salary of the same. Section 7. FRANCHISES. 1. The ownership, right of control and use of the streets, highways, alleys, parks, public places and all other real property of the City of Tulsa, is hereby declared to be inalienable to said city, except by ordinance passed by vote of the majority of the Board of Commissioners, as hereinafter provided; and no franchise or easement involving the right to use the same, either along, across, over or under the same, shall ever be valid, unless expressly grajnted and exercised in compliance with the terms hereof, and of the ordinance granting the same. No act of omission of the city, its Board of Com- missioners, officers or agents shall be construed to confer or extend by estopped or indirection, any right, franchise, or easement, not express- ly granted by ordinance. 2. The City of Tulsa shall have power subject to the terms and provisions hereof, by ordinance to confer upon any person or corpora- tion the franchise or right, to use the property of the city, as defined in the preceeding section, for the purpose of furnishing to the public any general public service, including heat, light, power, telephone service, refrigeration, steam, or the carriage of passengers or freight within the said city, or for any other purpose whereby a general service is to be furnished to the public for compensation or hire, to be paid to the franchise holder, whereby a right to, in part, appropriate the streets, highways or other property of the city, is necessary or proper, provided that no franchise shall be granted by said city to any person, firm or corporation, to own, control or operate waterworks therein when the city shall acquire the present water works system, or shall construct a plant of its own. 3. No exclusive franchise or privilege shall ever be granted, nor a franchise, nor a privilege to commence at any time after six months subsequent to the passage of the ordinance granting the same and no franchise shall be directly or indirectly extended beyond the term origi- nally fixed by the ordinance granting the same, nor shall any franchise be granted to any person or persons or corporation, authorizing such person or corporatior, their associates, assigns or sucyessors to acquire the physical property, rights or franchises of an- other person or corporation to whom or which a franchise has already been granted by the city whereby the rights and properties held and used under such franchise are assigned to another person, lirm LV corpoz-ation which holds a franchise extending l:)eyond tlie 16 TULSA CITY CHARTER. time of tiic expirat.'on of the franchise of the person, firm or corpora- tion seilinir sucli physical properties, rights or franchises. 4. The City of Tulsa sha.l have the power by ordinance to gi-ant any ".■ranchihe or ri^ht menti ned in the pro -.eeding sections herec >; provided that the city shall not grant, extend or renew a franchise wathou,. the approval of a majority of the qualified voters residing within its corporate limits who shall vote thereon at a special or gen eral election; and the legislative body of the city may submit any such matter for approval or disapproval to such electors at any general municipal election or call a special election for such purpose upon thirty days notice and no franchise shall be granted, extended or re- newed for a longer period than twenty-five years. Whenever a petition signed by a number of qualified voters of the city, equal to twenty-five per centum of the total number of votes cast at the next preceeding general municipal election, demanding that a franchise be granted, exteoided or renewed, shall be filed with the chief executive officer of the city, the chief executive officer shall, within ten days, thereafter call a special election, at which he shall submit the question of whether or not such franchise shall be granted, extended or renewed and if at such election the majority of the said voters voting thereon shall vote for the granting, extending or renew- ing of such franchise the same shall be granted by the proper authority at the next succeeding regular meeting of the legislative body of the city. 5. All persons or corporations to whom franchises may hereafter be granted, or their assigns and successors, shall as compensatiooi for the right or privilege enjoyed pay to the city a sum not less than four per cent, of the gross receipts of the business pursued by the holders of the franchise. The amount of said bonus or compensation shall be fixed by ordinance granting the franchise and shall be payable on the second day of January in each year, for the preced- ing year. Said bonus or compensation shall be exclusive uf and in addition to all lawful ad valorum taxes upon the value of the franchise or other property of the holder thereof, aoid lawful occupation taxes imposed upon the occupation or calling the holder of such franchise. The Board of Commissioners may, however, in their discretion in tae order granting any franchise, provide, that no bonus shall be paid for the first five years thereof. In order to ascertain the true amount of such gross receipts and to determine the amount of such bonus or compensation and for any other purpose relating to the business or affairs of the city the Board of Commissioners shall have power to examine or cause to be examin- ee; the books, papers, and records of franchise holders; to take testi- mony and compel the attendance of witnesses under oath and under such rules and regulations as said Board of Com- missioners may adopt, and should any franchise holder refuse inspection of its books, papers or records or the lorodjction of the same wnen lawfully required to do so by the said Board of Commis- sioners, or should any officer, agent, or employe of said franchise TULSA CITY CHARTER. 17 holder refuse to give testimony before said Board of Commissioners, then said Board of Commissioners shall have power, by ordinance, to declare the franchise or privilege enjoyed by such corporation, or >ierson so in default, annuled and terminated. 4. The right is hereby delegated to the City of Tulta acting through its Board of Commissioners to determine, fix and regulate the charges, fares or rates of any person, firm or corporation enjc/ing or that may emjoy a franchise or exercising any other public privilege in said city and to prescribe the kind of service to be furnished p ■/ such person, firm or corporation, and the manner in which it shall oe ren dered, and from time to time to alter or change such rules, r.eg ilations and compensation. The Board of Commissioners shall malJo rules and regulations gi'anting a fair hearing to persons or corpora Jons to be affected by said regulations, and no change in regulations ihall be adopted except after notice to the persons affected and afte - a fair hearing shall be granted them; provided, that in adopting such regula- tions and in fixing or cha'nging such compensation or determining the reasonableness thereof, no stock or bonds authorized or issued by any corporation enjoying a franchise shall be considered unless up "^ proof that the same have been actually issued by the corporation for money paid and used for the development of the corporate property, labor done or property actually received in accordance with the laws and Constitution of the State applicable thereto; and in order to ascertain all facts necessary for a proper understanding of what is or should be a reasonable rate or regulation, the Board of Commissioners shall have full power to inspect books a'.-d compel attendance of witnesses as provided in subsection five for a failure or refusal to attend and testify or produce books. -.j 5. No franchise shall hereafter be granted except upon condition that the city shall have the right at any time after fifteen years from the granting thereof to purchase the physical properties of the fran- chise holder and to terminate its franchise, and all privileges enjoyed by it thereunder; provided, the majority of the qualified tax paying voters of the city voting, thereon shall vote to do so; and provided, that upon the petition of twenty -five per centum of the qualified tax paying voters to the Board of Commissioners the matter of the ac- quisition of such property shall be submitted to an election to be de- termined by a vote of the majority of the qualified tax paying voters, voting thereon; which election shall be held at the next preceeding election in said city, after at least twenty days notice shall have been published daily for twenty days in a newspaper published in said city and provied, that tj:ie owner of such physical property shall be com- pensated for the value thereof, considering solely the physical assets, such value to be determined by the report of the majority of three arbitrators, one to be selected by the city, one by the owner of the physical property to be valued, and the third by the arbitrators so selected. But if the owner of such physical property shall refuse for thirty days to select an arbitrator, then the value of such property shall be fixed by vote of the majority of the Board of Commissioners. 18 TULSA CITY CHARTER. 9. Ordinances granting franchises shall be subject to the terms hereof, and shall contain such terms and conditions as the Board of Commissioners shall see fit to impose. All franchises shall be exercised in accordance with the terms of the ordinance granting the same and of this charter. If such franchise shall not be exercised in substantial accordance with the terms hereof, and of the ordinaoice granting the same, then after notice to and reasonable hearing of the holders thereof, fjvch fianchise may be cancelled or onnulled and the Board of Com- missioners shall, by ordinance, adopt reasonable rules and regulations for such notice and hearing. 10. Any franchise or right which may hereafter be granted by any person or corporation to operate a street railway within the city or its suburbs shall be subject to the condition that the Board of Com- missioners shall have the right to grant to any other person or corpora tion desiring to build or operate a street railway oi Interurban rail- way within or into the City of Tulsa, the right to operate its cars over the tracks of said street railway in so far as may be necessary to enter said city and to reach the section thereof used for business purposes; provided that the person or corporation desiring to operate its cars over the lines of said street railway shall first agree in writing with the owner thereof to pay it reasonable compensation for the use of its tracks and facilities. And if the person or corporation desiring to use the same cannot agree with said owner of sand street railway as to said compensation within sixty days from offering in writing to do so, and as to terms and conditions of the use of said track and facilities, the Board of Commissioners shall by resolution, after a fair hearing to the parties concerned, fix the terms and conditions of such use and compensation to be paid therefor, which award of the board, when so made, shall be binding on and be observed by the parties concerned. 11. Interurban railways are defined to be in the meaning of this charter, railways operating their cars by electricity or other motive power, for the carriage of freight and passengers for hire, not wholly within the city and its suburbs to other towns, cities or villages. 12. The Board of Commissioners shall have power, subject to the terms and conditions contained in this charter, to grant to any person or corporation desiring to extend an interurban railway into the city, the right to lay tracks and operate cars over the streets or other property of the city and over the tracks of other street railways for a term not exceeding twenty-five years. 13. The right mentioned in the preceeding section shall be grant- ed by ordinance only. The granting or refusing of the right or fran- chise herein mentioned shall be subject to the terms and provisions of this charter concerning the submission of general franchises to a vote of the qualified voters of the city, which shall in all things gov- ern and apply thereto. 14. The ordinance granting such right or franchise, shall contain such conditions as may seem proper to the Board of Commissioners and shall provide for such reasonable compensation to the city as may seem just to the board for the use of the franchise or right granted, TULSA CITY CHARTER. 19 which compensation shall 'be payable annually. And the ordinance granting such right or franchise shall provide that faiUi'e to pay said compensation at the time specified therein shall forfeit and terminate said franchise. Said compensation shall be deemed to be a bonus pay- able to the city for the use and the" right granted and shall be exclusive of and in addition to all ad valorem or occupation taxes, payable by the owner of said franchise. 15. The terms of this charter concerning the granting of fi-an- chises to persons or corporations for the purpose of rendei'ing any public service wholly within the city and its suburbs shall not applj' to interurban railways, except as specified in the four preceeding sec- tions and in the various sections providing for the referendum. 16. The Board of Commissioners shall have power to authorize steam railways operating their lines from the city of Tulsa to other towns and cities beyond its limits to lay their tracks and establish their switches on and over the streets and other property of the City of Tulsa, or such parts thereof as the Board of Commissioners may see fit, subject to the terms of this charter and to such conditions as may be imposed by the Board of Commissioners. 17. The City of Tulsa shall have the power, by ordinance or other wise, to regulate the speed of engines, locomotives and street cars within the limits of said city; and to require steam interurban and electrict railway companies to keep the streets over which they run properly drained and to light the same wherever deemed necessary and to require steam, interurban and electric railway companies to construct and keep in repair from curb to curb, bridges and crossings over all ditches made or crossed by any line of said railways on all streets over which they run; to direct and control the laying and construction of railroad tracks, turnouts and switches and to regulate the grade of same, and to require them to conform to the grade of the streets of said city as they may hereafter be or are now established, and that said tracks and turnouts and switches be so constructed and laid out so as to interfere as little as possible with the ordinary travel in the use of the streets; to require steam railways using any portion of the streets of the city to pay all or any part of the paving, grading, draining and repairing thereof along the streets so used by such rail- way, and to light the same whenever and wherever deemed necessary or advisable; to require any street or electric railway company to pay the cost of grading, paving, repairing or re-paving, or otherwise im- proving the street or streets or intersections thereof used or occupied by such railway company and such cost shall be a lien upon the prop- erty and franchise of the company. The portion of the street occupied by an electric or street railway company shall be deemed to be the space between its tracks and twenty four inches on the outside of each of its rails, and all the space between double tracks, turnouts and switches. Any railroad company, interurban or street railway company pro- posing, with the permission of the City of Tulsa, to occupy any street •or streets already occupied by any other such company shall, besides 20 TULSA CITY CHARTER. paying for paving as may be required by the City of Tulsa or by tlie provisions of this charter, be required also to pay for paving between the tracks of said roads within twenty-four inches of the track if such other road, and such costs shall be a lien upon the property and franchises of the company; and if the Board of Commissionei's shall so direct, said street or electrict railway company may be requir- ed to pave the street or streets occupied by them from curb to curb. Should any railroad or street railway company propose to lay a track on any street or portion of a street which shall have been im- proved under the provisions of this act, it shall become liable for the portion of the cost of such improvement as the Board of Commis sioners may direct, or as is tixed by this charter. No railroad or street railway company shall be permitted to occupy any street or portion of a street, improved or otherwise, not previously occupied by it, except with the permission of the Board of Commissioners. 18. All persons or corporations now operating or hereafter operat- ing within the corporate limits of the City of Tulsa, any interurban electric railway line, either on their own or other street railway tracks, shall be required to give reasonable local passenger service thereon, within the corporate limits of the City of Tulsa between all points on said interurban line or lines for a fare not exceeding five cents, and to that end shall be required to stop passenger cars so operated by them at all street crossings in said city, to take on and let off local passen- gers, provided that this shall not apply to any portion of such interur- ban lines where local service is furnished by local cars to the same extent as is required under the foregoing provisio'ns hereof. 19. The City of Tulsa, shall have the power by ordinance, to fix and regulate the price of water, gas and electric lights, and to regu- late and fix the fares, tolls and charges of local telephones and ex- changes of public carriers and hacks, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates, tolls and charges, and the kind of service of all public utilities of every kind. 20. The Board of Commissioners shall have the power to require any corporation holding a franchise from the city to allow the use of its tracks, poles and wires by any other corporation to which the city shall grant a franchise, upo'n the payment of a reasonable rental therefor to be fixed by the Board of Commissioners. ARTICLE III. THE BOARD OP COMMISSIONERS. 1. All powers conferred on the city shall, unless otherwise pro- vided in this charter, be exercised by a Mayor and four Commisioners, , who together shall be known and designated as the Board of Commis- sioners, all of whom shall be elected by the qualified voters of the city at large, and shall devote their entire time to the service of the city. The Mayor and members of the Board of Commissioners shall be conservators TULSA CITY CHARTER. 21 of the peace, with full powers to make arrests in all causes the same as police officers. The Mayor shall be ex-officio president of the said Board of Com- missioners, and shall have and exercire all of the powers of a member thereof. 2. On the sixth Tuesday after this charter shall take effect, and biennially thereafter on the first Tuesday of April, there shall be elected at an election to be held in said City of Tulsa, to be called as hereinafter provided, a Mayor and four Commissioners, who to- gether shall compose said Board of Commissioners, and who shall serve for the term of two years and until their successors shall be elected and shall qualify. Candidates for Mayor and for places on said Board of Commissioners shall be voted for separately, and can- didates for Commissioner No. 1, No. 2, or No. 3, or No. 4. (said num- bers to be printed after the designating title "Commissioner"), in ac- cordance with the written requests which said candidate shall file with the City Auditor. Each candidate for Commissioner shall desig- nate in the announcement of his candidacy, and in his request to have his name placed on the official ballot, the number of the place on the Board of Commissioners for which he desires to become a candidate and such request to be placed on the official ballot shall be filed in writing with the City Auditor at least ten days before such election shall be held. The City Auditor shall prepare an official ballot in accordance with such requests and with the provisions hereof, and only such ballot shall be used at said city election. The candidate at said election for Mayor or for a place on said Board of Commissioners who shall receive a majority of all the votes cast for the office for which he is a candidate shall be declared elected to such office. In the event any candidate for either of said offices shall fail to receive a majority of all votes cast for all the candidates for such office at such election, the Mayor of said city shall, on the first day following the completion of the official count of the ballots cast at said elec- tion, issue a call for a second election to be held in said city on the second Tuesday following the issuance of such call, at which said election the two candidates receiving the highest number of votes for any such office to which no one was elected at said first election by receiving a majority of all votes cast thereon, shall be again voted for. The official ballot to be used at said second election shall be prepared by the City Auditor and the name of no person shall appear thereon unless he was a candidate for the office designated at said first elec- tion, and the two persons receiving at said first election, the first and second highest number of votes cast for candidates for such office shall be entitled to have their names printed on said official ballot, in the order of their standing in the compution of the votes cast at said first election, as candidates at said second election for such office; provided, that in the event any person who was a candidate at said first election and who shall be entitled to become a candidate at said second election shall fail to request that his name shall appear on the official ballot therefor, as herein provided, the candidate for 22 TULSA CITY CHARTER. such ofRce standing next In order In the computation of votes shall succeed to his rights with respect thereto; provided, further, that two candidates for such office at said first election shall be entitled to become candidates therefor at said second election, which two candidates at said first election, as shall file written requests to be placed on the official ballot as candidates for such office at said second election. In the event of a tie in the vote for the leading candidates for any office at said first election, said office shall be filled at second election, as herein provided for, at which such candidates, so tied in said first election may again become candidates. In the event they, or either of them, shall fail so to do, the two candidates for such office who lead in the computation of votes therefor, and who desire to become candidates therefor, at said second election, shall be entitled so to do, in the order of their respective votes at said first election. In the event of a tie between the two candidates for any office at said second election they shall cast lots to determine who shall be elected thereto. 3. In case a primary election is held pursuant to the call or under the direction of any political party, or of any association of individuals for the nomination of candidates for the offices of Mayor and Commissioners and City Auditor, the candidates or persons voted for in said primary election shall be voted for at large by all of the legally qualified voters in said city according to and in the manner ■now or hereafter provided by the general election law of the State of Oklahoma. Independent candidates for Mayor or for positions on said Board of Commissioners or for City Auditor shall be entitled to have their names placed on the official ballot to be used in the regular election by filing with the City Auditor, not less than ten days before such election, a written petition therefor, which shall be signed by such candidate and by at least one hundred qualified voters of said city. 4. Any election and all regular and special elections held in and for said city shall be governed in all respects by the general election laws of the State, except as herein specially provided. 5. Each member of the Board of Commissioners and the City Auditor shall in addition to the other qualifications prescribed by law, be at the date of his election a qualified voter of the City of Tulsa, and shall not be in arrears in the payment of any taxes or other liabilities due the city. 6. The Mayor shall be a member of the Board of Commissioners with all the rights, powers and duties appertaining thereto. He shall be the chief executive officer of said city, and shall see that all the laws thereof are enforced. It shall be his special duty to see that the condi- tions of all franchises granted by the city are faithfully complied with, and that all contracts made with the city are faithfully executed. He shall nominate all appointive officers of the city, and such nomina tions shall be subject to confirmation by the Board of Commissioners, by a majority vote thereof. The Mayor shall not be entitled to vote as a member of said board upon the question of the confirmation of TULSA CITY CHARTER. 23 any nomination for office so made by him, but sliall be entitled to vote upon all other questions that may be submitted to or acted upon by said board. The officers to be thus nominated by the Mayor and confirmed by the Board of Commissioners shall be all officers whose powers, or duties or salaries are prescribed and defined by ordinance of said city. The salary of the Mayor shall be Fifteen Hundred ($1,500.00) Dollars per year, payable in equal monthly installments. The Board of Commissioners shall at the beginning of their terms of office elect by ballot, by a majority vote of all the members thereof, one of their number to act as Mayor protem, and the Commissioner so chosen shall be invested with all the powers, and shall perform all the duties of the Mayor, during his absence or sickness. 7. In the case of the death, resignation or permanent disability of the Mayor or whenever a vacancy in the office of Mayor shall occur for any reason, the Mayor pro tern shall act as Mayor, and shall possesses all the rights and powers of the Mayor, and perform all of the duties and receive his salary under the official title, however, of "Mayor pro-tem," until an election is ordered by the Board of Com- missioners to fill the vacancy in the office of the Mayor. Said election should a vacancy occur in the office of the Mayor, shall be called by the Board of Commissioners and held within thirty days thereafter, and notice by publication given for at least twenty days as may be required by law; provided, that in the event such vacancy should occur within ninety days of the next regular election to be held for mem- bers of the Board of Commissioners said election for Mayor shall be held at said next regular election. 8. The Board of Commissioners, at their first meeting after election, or as soon thereafter as may be practicable shall, by a majority vote, designate from among their members one Commissioner who shall be know'n as "■Police and Fire Commissioner," and who shall have imder his special charge the enforcement of all police regulations of said, city, and general supervision over the fire depai-tment thereof and such other duties as may be required by the Board of Commissioners; one Commissioner to be known as the "Commissioner of Streets and Public Property," who, except as herein otherwise provided, shall have under his special charge the supervision of the streets, alleys, public grounds and other property of said city, and be charged with the duty of lighting the streets and keeping the streets, alleys, public grounds and property in a clean and sanitary condition and with the enforcement of all rules and regulations necessary to these ends, and who shall also have under his special charge the supervision of all public improvements, except as herein otherwise provided, and shall see that all contracts therefor are faithfully complied with, and such other duties as may be required of him by the Board of Comrnission- ers; and one Commissioner to be known as the "Waterworks and Sew- erage Commissioner," who shall have under his special charge the construction, maintenance and operation of the waterworks, sewer system and departments of said city, and shall see to the enforcement of all regulations with respect to said departments with respect to all 24 TULSA CITY CHARTER. the revenues pertaining thereto, and shall perform such other duties as may be required of him by the Board of Commissioners; and one Commissioner who shall be known as the "Commissioner of Finance and Revenue," who shall have under his special charge the enforce- ment of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of such city, and such other duties as may be required by the Board of Commissioners. It isex- pressly provided that the niniiber by which a Commissioner was desig- nated upon the official ballot shall bear no relation to and shall in no manner be considered in the determination of the particular pasition or office to be assigned to any Commissioner. Said Commissioners shall perform all of the executive dutiesof the respective departments to which they may be assigned, as above provided, but said board, as a whole, shall have supervision of and be responsible for the administra tion of each of said departments. Provided, that the Board of Com- missioners shall have at any time power to transfer the Commission- ers from one department to another. The salary of each of said Com- missioners shall be Twelve Hundred ($1,200.00) Dollars per year, payable in monthly installments. 9. The Commissioners named as the head of each department shall audit all accounts or claims against it, unless he be absent or fail or refuse so to do, in which event the Mayor shall appoint another Commissioner to act in his stead during his absence, or to audit such claims and accounts as the said Commissioner shall fail or refuse to act upon; but before payment all accounts shall be acted upon and approved by said Board of Commissioners at a meeting of said board. Said board shall require a statement to be published monthly in the official newspaper of said city showing a full, clear and complete state- ment of all taxes and other revenue collected and expended during the preceeding month, indicating the respective sources from which the moneys were derived and also indicating the disposition made thereof, and showing all disbursements during said period. 10. The Mayor and each member of the Board of Commissioners shall be required to give bond in the sum of ten thousand dollars for the faithful discharge of his duties. 11. The Board of Commissioners shall be vested with the power and charged with the duty of adopting all laws and ordinances not inconsistent with the constitution and laws of this State touyhing every object, matter and subject within the purview of the local gov- ernment instituted by this charter. 12. Every ordinance, or resolution of the Board of Commissioners shall, before it takes effect, be presented to the Mayor for his approval and signature. If he approves it, he shall sign it; if he disapproves it, he shall specify his objection thereto in writing within five days and return the same to the Board of Commissioners with such disapproval. If he does not return it, it shall, after five days, be in effect and force, as if he had approved it. TUI^&'A CITY CHARTER. 25 A veto by the Mayor shall suspend the action of the Board of Com- missioners for seven days, after which time the Board of Commission- ers may pass the same over the veto of the Mayor by a majority vote, but in all such cases the Mayor shall not be deprived of his right to vote as a member of the Board of Commissioners by reason of such veto. In case the Mayor's veto is sustained, the matter shall not again come before the Board of Commissioners within six months. In ordinances or resolutions making appropriation, the Mayor may veto any or every item therein, but such veto shall not extend to the items not vetoed, and those which he approves shall not become effective, unless passed over his veto in the manner specified. 13. The Board of Commissioners shall have control and supervis- ion over all the departments of the city, except as herein otherwise provided, and to that end shall have power to make and enforce such rules and regulations as they may see fit and proper for and coscern- ing the organization, management and operation of all the departments of said city and whatever agencies may be created for the administra- tion of its affairs. They shall have power to create such offices as they may deem necessary for a prudent and successful administration of the affairs of the city, and to fix the salaries of the persons appointed thereto; provided, that the term of any office so created by them shall never exceed the period of one year, and tliey shall have power to abolish at any time any such office and to terminate the official duties and relations of the person occupying the same. The Mayor shall pro- pose and submit to the Board of Commissioners nominations for all offices created by said board, and said nomintaions shall be subject to confirmation by a majority vote of the board, not including the vote of the Mayor. In the event any such nomination by the Mayor shall fail of confirma.tion by the board, it shall be the duty of the Mayor to make a temporary appointment of an officer pro-tem to discharge the duties of said position, who shall not have been rejected by the board as a nominee of the Mayor for said office, and to submit another nomination to the Board of Commissioners, and to continue until one shall be ratified and confirmed by said board. Each member of the Board of Commissioners shall have the right to propose and name the employes in the department or departments under his immediate supervision, but a majority of the board shall have the power to reject any such proposal and to discharge any officer or employe of the city except the City Attorney, and Corporation Judge. All salaries and wages to be i^aid employes of the city, except as otherwise provided herein, shall be fixed and paid by the Board of Commissioners, acting as a -whole, and shall not become effective unless at least three members of the board shall vote therefor. 14. The Board of Commissioners shall meet at least two times in every week in regular meeting at such times as shall be fixed by said board, at the city hall in said city, to consider and take under advisement and act upon such business as may come before them. A majority of said board shall constitute a quorum for the transaction 26 TULSA CITY CHARTER. of all business, but no action of said Commissioners shall >e effective unless upon a vote of the mapority of such quorum, and n^ ordinanye shall be passed or become effective without receiving the votes of at least three members of the board. No final action shall be taken in any matter concerning the special department of ony absent Commis- sioner unless such business has been made a special order of the day by action at a previous meeting of the board, or such action is taken at a regular meeting of the board. Special meetings may be called by the Mapor or by any two members of said board at any time to consider only such matters as shall be mentioned in the call for said meeting, and written notice thereof shall be given to each member of said board. All sessions of said board, whether regular or called, shall be open to the public. 15. It shall be the duty of the Mayor from time to time, to make such recommendations to the Board of Commissioners as he may deem to be for the welfare of the city, and on the first Monday in July of each year, or as soon thereafter as practicable, to submit to the Board of Commissioners the annual budget or estimate of the receipts and expense of the city for the fiscal year, each item in which may be in- creased, reduced or omitted by the board, subject to the veto power of the Mayor. 16. It shall be the duty of the Board of Commissioners, on the second Monday in July, or as soon thereafter as practicable, to appro- propriate such sums of money, respectively, for each of the various de- partments of the city government as it deems necessary for the main- tenance and operation thereof during the current year. The' current fiscal year shall begin at 12:01 o'clock, noon, on the first day of July of each year. In addition to the department appropriations herein provided for, the Board of Commissioners shall also make such appropriations for contingent purposes, as may be deemed necessary. The appropriation herein provided for shall be based upon esti- mates submitted by the Mayor in his annual budget, provided the same shall have been submitted to the board as herein provided. The head of each department created by the Board of Commis- sioners shall make a written report to the Mayor not later than the 5th day of July in each and every year, showing the operation of such department for the preceding year. These reports shall be transmitted to the Mayor and shall accompany and be made a part of the Mayor's report to the Board of Commissioners, which report shall not be made later than the second Monday in July in each year. The Mayor shall also make such recommendations to the Board of Commissioners concerning the increase or decrease of departmental estimates as in his judgment may best serve the interests of the city. He shall also submit an estimate for a special contingent fund for the cui'rent year. In makirg up the budget allowance for any current year the Board of Commissioners shall first make provisions for the payment of the interest and for the creation, setting aside and preservation of a legal sinking fund upon all of the outstanding indebtedness of the city and TULSA CITY CHARTER. 27 shall then make such appropriations as the remaining- revenues of the city may justify to be appropriated among the respective departments. or otherwise appropriated for public uses, as the Board of Commis- sioners may seem best; provided, however, that in no yase shall the entire appropriations so made, including interest and sinking- fund on the bonded debt, and appropriations for all other public uses and pur- poses, ever exceed the estimated available resources, which shall be based upon the probable revenue of the city derived from ad valorem taxes upon the basis of the total valuation of property for taxation for the preceeding- year, and of such other contingent revenues of the city as will probably accrue. It shall be deemed malfeasence for the Board of Commissioners to make an appropriation in the budget, the sum total of which shall exceed the estimated available or probable revenues for any current fiscal year. 17. The Board of Commissioners at its second regular meeting in June of each year, or as soon thereafter as practicable, shall levy the annual tax for such year, but special taxes or assessments allowed by this charter may be levied, assessed and collected at such times as the Board of Commissioners in each case may provide. 18. The Board of Commissioners shall have full power to provide, by ordinance, for the prompt collection of taxes, levied, and imposed under this charter, and are hereby authorized, and to that end may and shall have full power and authority to sell or cause to be sold all kinds of property, real and personal, and may and shall make such rules and regulations and ordain and pass all ordinances deemed nec- essary to the levying, laying, imposing, assessing and collecting of any taxes provided for in this charter. Unless otherwise provided by this charter and by ordinance passed thereunder, all property in such city liable to taxation shall be assessed in accordance with the provisions of general laws of the State in so far as applicable. 19. The Board of Commissioners shall have the management and control of the finances of the city except as otherwise herein provid- ed. They shall have the power to appropriate money and provide for the payment of debts and expenses of the city; to provide by ordinance special funds for special purposes provided for under the provisions of this charter, and to make the same disbursable only for such pupose, and to impose proper penalties for enforcing the same; to provide by ordi- nace for the payment of any existing and outstanding indebtedness and for the payment of any bonds that may from time to time, be inssued, and shall for such purposes have the power to lecy. assess and collect a special tax. 20. The Board of Commissioners shall have the power to fund or refund by ordinance the whole or any part of the existing debts of the city, or any further debt by acquiring and cancelling the evidence thereof and to issue other bonds in lieu thereof, either registered or coupon, bearing interest at a rate not greater than the original indebtedness, and to this end may apply the sinking fund belonging to any series of 28 TULSA CITY CHARTER. bonds so refunded, and may pay and retire any bond by using the sink- ing fund thereof. 21. Neither the Mayor nor any member of the Board of Commis- sioners, nor any elective or appointive employe of the city, shall be directly or indirectly in the employ of any person, company, or corpora- tion holding or seeking to hold any franchise of the City of Tulsa, or shall receive, directly or indirectly, any wage, commission fee, gift, favor or payment from any such franchise holder; and a violation of this section shall ipso facto, render vacant the position held by the person so violating it, and shall be punished as bribery. No member of the Board of Commissioners or any other officer of the city shall be directly or indirectly interested in any work, busi- ness or contract, the expense, price or consideration of which is paid from the City Treasury, or by any assessment levied by ordinance or resolution of the Board of Commissioners; nor be the surety of any person having, any contract work or business with said city for the per- formance of which security may be required, nor be the surety on the official bond of any officer of the city. Contracts in violation of said provision shall be void. 22. TheBoard of Commissioners shall by ordinance adopt such rules and regulations for its government and order of business as its members may deem best. It shall be the judge of the qualifications and election of its members, including the Mayor, and shall have author- ity to recount the votes cast for either of its members, and to correct the results which may- have been theretofore declared, in the event notice of a contest of any such election shall be given within thirty days after such election shall have been held. It shall also be the judge of the election and qualification of all other city officers subject to the provisions of this charter applying thereto. It may punish mem- bers, or other persons, during its sittings by fine for disorderly conduct. 23. The Mayor and each Commissioner and the City Auditor shall be. and thej' are hereby authorized to administer oaths in the municipal affairs and government of the city. 24. If a vacancy shall occur in the Board of Commissioners, (ex- cepting the Mayor), or the office of the City Attorney or Corporation Judge or City Auditor, the Mayor shall nominate a person to fill the unexpired term of such office, and submit his name to the Board of Commissioners. If such nomination shall receive the approval of three members of the board, not including the Mayor, said appointment shall take effect from the date of such confirmation. In the event said board shall fail or refuse to confirm such nomination, the Mayor shall submit another nomination of a different person for said office, and shall continue so to do until a nomination so made by him shall be con- firmed by the Board of Commissioners. In the event of a vacancy in the office of City Attorney, or Judge of the Municipal Court, or City Auditor which shall not be promptly filed as above provided, it shall be the duty of the Mayor to appoint an officer pro-tem to perform the duties of such vacated office, which said pro-tem officer shall be entitled* to receive the regular salary for said services for the time he shall per- TULSA CITY CHARTER. 29 form them, and shall serve in said capacity until said office shall be filled in accordance with this charter. 25. All the powers vested in thi.s charter in the Board of Commis- sioners of the City of Tulsa, in regard to ordinances and all legislative authority vested in said board, are subordinate and subject to said powers of the initiative and referendum as set forth in the Constitu- tion and statutes of the State of Oklahoma, which are now in force and effect, or which may be hereafter passed to cari-y out the provis- ions of the constitution in regard to the initiative and referendum. CITY ATTORNEY— ARTICLE IV. The Mayor shall, at the first meeting of the first Board of Commis- sioners elected under this charter, and on the fourth Tuesday in April, 1909, and annually thereafter, submit to the Board of Commissioners a nomination for the office of City Attorney, and said board shall con- firm or reject such nomination by a majority vote thereof not includ- ing the Mayor. The votes of three members of said board shall be sufficient to confirm or to reject such nomination and in the event such nomination "shall be rejected, it shall be the duty of the Mayor to sub- mit the name of a different person to the Board of Commissioners as nominee for said office and he shall continue so to do until a nomination so made by him shall be confirmed by said board. The City Attorney shall receive such salary as shall be fixed by the Board of Commissioners at the beginning of his term and said compen- sation shall not be increased or diminished during his term of office. The City Attorney chosen in 1908 shall serve until his successor shall be chosen as herein provided and shall qualify. Said officer shall rep- resent the city in all litigation and controversies. The Board of Com- missioners shall be empowered at its decretion to employ an assistant or assistants for said officer, and to fix the compensation to be paid for such service, and such City Attorney and his assistants shall have authority to administer oaths and affidavits. It shall be the duty of the City Attorney to approve in writing all proposed ordinances before they shall be adopted, or to file with the Board of Commissioners in writing his objections thereto. It shall be his duty to draft all proposed ordinances granting franchises, and in the event he shall not approve any such proposed ordinance, it shall be his duty to file with the Board o*f Commissioners, in writing his objections thereto. It shall be the duty of said officer to inspect and pass upon all papers, documents, contracts and other instruments in which the city may be interested. He shall be the legal adviser of the Mayor, the Board of Commissioners, or any committee thereof, and all city officers and employes with re- spect to any legal question involving an official duty or any other matter pertaining to the affairs of the Citj^ of Tulsa. The City Attorney shall perform such other duties as the Board of Commissioners may direct. When ever it shall be brought to the knowledge of the City Attorney, through the affidavit of ten credible persons or otherwise, that any person, firm or corporation exercising and enjoying any fran- chise or privilege from the City of Tulsa has been guilty of a breach of any condition of such grant, or has failed to comply in any material mat- TULSA CITY CHARTER. ter with the terms and stipulations thereof, it shall be the duty of said officer to make report ofsaid matter to the Board of Commissioners, to- gether with all facts bearing upon the same which may be brought to his attention. If said board shall determine that said complaints are well founded, it shall be its duty to take such action as may be necessary; and in the event the offending corporation shall fail or refuse to con- form to such orders as it may make with respect thereto, it shall be the duty of the board to direct the City Attorney to institute a suit in the court having jurisdiction thereof against such person, firm or cor- poration so offending to obtain a judgment of forfeiture of said fran- chise or privilege. MUNICIPAL COURT. There shall be a court for the trial of misdemeanor offenses known as the "Municipal Court." The Magistrate of said court shall be known as the "Judge of the Municipal Court," he shall be a qualified voter of the City of Tulsa, shall be appointed by the Mayor and confirmed by the Board of Com- missioners, shall hold his office for one year unless sooner removed bj' impeachment, and shall receive such salary as may be fixed by the Board of Commissioners, which salary shall not be increased or dimin- ished during his term of office. There shall be a clerk, or clerks of said court, and such deputies as may be created or provided for by ordinance adopted by the Commissioners, which deputies shall be appointed by the Mayor and confirmed by the Board of Commissioners, and shall be subject to removal at any time by the Board of Commissioners, and shall receive such salary as may be fixed by the Board of Commis- sioners. The clerk or clerks of said court and the deputies thereof shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally to do and perform all things and acts usually or necessary to be performed by clerks of courts in issuing process of said courts and conducting the business thereof. The Board of Commissioners may require such clerk, clerks or depu- ties created by it to perform such other duties in addition to the duties of clerk or deputy clerk as may be prescribed, or may provide that some other employe or employes of the city, in addition to other duties, may perform the duties of such clerk or deputy clerk, without extra com- pensation. The Mayor shall within fifteen days after his election and qualifi- cation for the years of 1908 and 1909, and annually thereafter, nominate and submit to the Board of Commissioners for confirmation, the name of a person proposed by him for the office, of Judge of said Municipal Court. Said officer shall be a regularly licensed and practicing attor- ney and a qualified voter of the City of Tulsa, and shall have resided in said city at least one year before said appointment. He shall re- ceive for his services such compensation as may be fixed by the Board of Commissioners and such compensation shall not be changed during his term of office. TUI.SA CITY CHARTER. 31 If the Board of Commissioners should fail or refuse to confirm any nomination for judge of the Municipal Court, it shall be the duty of the Mayor to submit another nomination for such office and to continue so to do until a nomination shall be confirmed. The Mayor shall have authority to make a temporary appointment to fill a vacancy in said office, to continue until an appointment thereto made and submitted by him to the Board of Commissioners shall be confirmed thereby, which said temporary appointee shall not have been theretofore rejected by the Board of Commissioners as a nominee for said office. 3. On the sixth Tuesday after this act shall take effect, and on the first Tuesday in April, 1910, and biennially thereafter there shall be elected a City Auditor, who shall be elected by the qualified voters of the city at large, and who shall be nominated and elected at the same election as provided for the election of Mayor and four Commissioners, and shall be nominated and elected in the same manner as is provided in Article four, for the nomination and election of Mayor and four Commis- sioners. He shall serve for the term of two years and until his successor shall be elected and shall qualify; Provided, That the first Auditor elected under this charter shall hold until his successor, who shall be elected on the first Tuesday of April. 1910, shall qualify. 4. It shall be the duty of the Auditor to examine in detail all bills, accounts and claims against the said city, and if found correct to sign his name in approval thereof, but if found incorrect he shall return them to the party presenting the same for correction. He shall be the general accountant of the said city, and shall keep in books regular accounts of all real, personal and mixed property of the said city; of all receipts and disbursements of money; and under proper heads, separately, each source of receipt and the cause of each disburse- ment; and shall also keep an account with each person, including the officers, who have money transactions with the said city, crediting amounts allowed by proper authoritj-, and specifying the particular transaction to which such entries apply. It shall be his duty at least once in each month to examine the books of account of all officers of said city charged with the receipt and disbursement of money, and if they be found incorrect, to at once make a report in writing of the same to the Mayor. It shall also be his duty to examine all warrants and countersign the same after appropriation has been duly made to pay the same by said Board of Commissioners. He shall certify to the correct- ness of all monthly reports which shall be published by the Board of Commissioners, as required by Article 3 hereof. It shall be his duty to ascertain whether any expenditure made or proposed to be made by the city is excessive, either in the price of the thing purchased, the computation of the charge or otherwise, and if he shall so find, he shall make report thereon to the Board of Commissioners and state the facts in his certificate to be attached to the monthly report to be published as herein provided for. He shall receive for his services a salary of Twelve Hundred ($1,200.00) Dollars per annum, payable in equal monthly installments, and shall give bond for the faithful per- formance of his duties in the sum of Ten Thousand ($10,000.00) Dol- 32 TULSA CITY CHARTER. lars. with two or more good and sufficient sureties, to be approved by the Board of Commissioners. He shall also act as Secretary of the Board of Commissioners and shall be present at all meetings of said board and shall keep a record of the minutes thereof and shall do and perform all the duties in relation thereto and shall perform such other duties in addition to the duties herein prescribed as the Board of Com- missioners shall by ordinance provide. 5. The City Attorney and Judge of the Corporation Court, shall each serve for the period of one j^ear. The City Attorney and Judge of the Corporation Court shall receive such compensation as may be fixed by the Board of Commissioners at the beginning of their terms, and such compensation shall not be increased or diminished during such terms. 6. The City Attorney and Judge of the Corporation Court shall not be subject to removal from office by the Board of Commissioners but such above named officers and Mayor and each member of the Board of Commissioners and the City Auditor may be removed for the causes named in Section 199 of the State Constitution, and in the manner provided or which may hereafter be provided for the removal of mu- nicipal elective officers, by general law. 7. The Board of Commissioners shall have power to provide for such other officers and employes as may be necessary, to fix the com- pensation to be paid thereto, and to employ such person and to make such compensation therefor as may seem expedient and necessary to the board; Provided, That a majority thereof shall approve such action; and. Provided Further. That all officers other than those specially men- tioned herein shall hold their offices for a term of not exceeding one year, and shall be subject to removal at any time by the Board of Commissioners. CITY TREASURER. 8. The Mayor shall at the first meeting of the Board of Commission- ers eleyted under this charter and on the fourth Tuesday in April, 1909, and annually thereafter, submit to the Board of Commissioners a nomina- tion for the office of City Treasurer, and said board shall confirm or reject such nomination by a majority vote, not including the Mayor. The votes of three members of said board shall be sufficient to confirm or reject such nomination, and in the event such nomination is rejected it shall be the duty of the Mayor to submit the name of a different person to the Board of Commissioners as nominee for said office and he shall continue so to do until a nomination so made by him shall be confirmed by said board. Said Treasurer shall give such bond as the Board of Commissioners may require, conditioned for the faithful dis- charge of his duties. He shall receive and securely keep all moneys belonging to the city, and make all payments for the same upon an order signed by the Mayor and countersigned by the Auditor; Provided, That no order shall be paid unless it shows upon its face that the Board of Commissioners have ordered its issuance, and for what pur- pose. He shall render a full and correct statement of his receipts and paj-ments to the Board of Commissioners at their first regular TULSA CITY CHARTER. 33 meeting in every montli. and at such other times as the Board of Com- missioners may require. He shall perform such other acts and duties as the Board of Commissioners may require, and shall receive for his services such salary as shall be allowed by the Board of Commis- sioners. ARTICLE V. THE PARK BOARD. 1. Within thirty days after the election of the Board of Commis- sioners under this charter, or as soon thereafter as practicable, and on the fourth Tuesday in April, 1910. and biennially thereafter the Mayor shall appoint four qualified voters of the City of Tulsa, subject to con- firmation by the Board of Commissioners, who shall, with the Mayor, constitute the Park Board of said city, and who shall serve for a period of two years and until their successors are appointed and ^qualified. Said Park Board shall have exclusive jurisdiction over the control, man- agement, improvement and maintenance of the public parks of the City of Tulsa with pow^r to acquire, in. the name of the city, land for park purposes, except as herein otherwise provided. 2. All funds appropriated and set apart for public parks, whether derived from appropriations made by the Board cf Commis- sioners, or from tax levies, or from any other source whatsoever, shall be deposited with the City Treasurer to the credit of the park fund. and paid out only upon order of said Park Board after same shall have been audited by the City Auditor. 3. The Park Board shall adopt such rules and regulations as it may deem best for the management of the public parks of the city and shall elect one of its memoers president of the Park Board. The !t-aid Park Board shall render to the Board of Commissioners quaiterly reports for the quarters ending the last day of September, December, March and June, or as soon after the end of each quarter as practicable, showing in detail all the transactions of said board for the quarter. 4. The Board of Commissioners when levying the taxes for each fiscal year, may levy an ad valorem tax of not to exceed o:ne-tenth of one per cent, of the assessed value of all real and personal property in the city not exempt from taxation by the Constitution and laws of the State for the use and benefit of the park fund. Said tax when collected, shall be deposited with the City Treasurer to the credit of the park fund, and said sum, together with .all sums received from other sources, shall be held by the City Treasurer subject to the order and disbursement of the Park Board for acquiring additional land for parks and improving and maintaining parks, and shall be paid out upon warrants issued by the Park Board, signed by the president of said board, and countersigned by the City Auditor. 5. The four Park Commissioners shall possess the same qualifica- 34 TULSA CITY CHARTER. tions and be subject to the same disqualifications provided by law for Commissioners of the City of Tulsa, and shall serve without compensa- tion. The Park Board maj^ select such guards as they may deem neces- sary to protect the parks and property thereon in the City of Tulsa, and such guards shall be commissioned as policemen by the proper municipal authorieties at the request of said board, but such persons shall be under the control of the Park Board and their compensation shall be fixed by said board, and they shall be subject to removal or dismissal at the pleasure and without cause by said board. ARTICDE VI. ASSESSMENT AND COLLECTION OF TAXES'. 1. The Assessor and Collector of taxes shall be under the immedi- ate supervasion of the Commissioner of Finance and Revenue, who shall be directly responsible for the performance of all duties relating to said office. He shall assess all taxable property in such manner and within such time as the Board pt Commissioners may prescribe. He shall make duplicate assessment rolls and on their completion and ap- proval by the Board of Commissioners shall deliver one to the Com- missioner of Finance and Revenue, and file one with the City Auditor. He shall be authorized to require property holders to tender a correct account of their property under oath or affirmation to be by him admin- istered. The Commissioner of Finance and Revenue shall collect all taxes due the city whether the same be general, special assessment, oc- cupation, license, or otherwise, and shall pay the same over to th City Treasurer within twenty-four hours of their collection, taking dupli- cate receipts therefor, one of which he shall retain, and the other he shall turn over to the Board of Commissioners. He shall monthly, or oftener, if required, make a detailed report to the Board of Commis- sioners of all collections made by him. He shall be vigilant and see that no business of any kind is conducted unless license or occupation tax due therefor shall have first been paid. The commissioner of Finance and Revenue shall be responsible for all acts of the deputies in said oftices. He shall be active in collecting all delinquent taxes and enforce their collection as herein provided, and as may be provid- ed by ordinance. He shall have all the powers and perform all the duties here provided, and such others as the Board of Commissioners may confer and prescribe. For any failure to deposit with the City Treasurer within twenty-four hours of the collection thereof, all moneys collected by him, the said Commissioner of Finance and Revenue and the sureties on his bond shall be required to pay interest at the rate of ten per cent, per annum on such money until deposited, and the Board of Commissioners shall have power to remove said member from the department of Finance and Revenue for failure to deposit any collections as required, and appoint another member to said department, and it shall be their duty to make such removal for such offense if it shall be persisted in by him. TULSA CITY CHARTER. 35 If the assessor of taxes purposes to increase any assessment over the amount assessed in the preceeding year, he shall cause notice stating the fact that the assessment of the property owner is about to be in- creased, without specifically designating- the particular property, or the amount to be increased, to be addressed to the owner, agent or repre- sentative thereof, and mailed at the postoffice in the City of Tulsa, and shall give further notice by publication for one day in some newspaper published in the City of Tulsa, and in such newspaper publication the names of as many owners as the assessor of taxes shall see fit may be included in one notice; Provided, When the owner is unknown the newspaper notice shall be sufficient. The Assessor of Taxes shall have the power under such regulation and method as may be prescribed by the Board of Commissioners by ordinance, to pro rate the taxes against tracts of land owned by dif- ferent owners which have been taxed together as one tract, and to divide and apportion the lien to each of the several tracts according to its proportion of the entire assessment. 2. The Board of Commissioners shall have full power to provide by ordinace for the prompt collection of taxes assessed, levied and im- posed under this charter, and are hereby authorized, and to that end may and shall have full power and authority to sell or cause to be sold all kinds of property, real and personal, and may. and shall make such rules and regulations and ordain and pass all ordinances deemed necessary to the levying, laying, imposing, assessing and collecting of any taxes provided for in this charter. Onless otherwise provided by ordinance and this charter, all property in such city liable to taxation shall be assessed in accordance with the provisions of the general laws of the State, in so far as appricable. 3. The Board of Commissioners shall have power by ordinance to regulate the manner and mode of making out tax lists, inventories and appraisements of property therein, and to prescribe the oath that shall be administered to each person on rendition of his property, and prescribe how, when and where property shall be rendered, and to prescribe the number and form of assessment rolls and fix the duties and define the powers of City Assessor and adopt such measures as the Board of Com- missioners may deem advisable to secure the assessment of all property within the city limits, and collect the tax thereupon, and may provide a fine for all persons neglecting, failing or refusing to render their property for taxation. 4. The Assessor of Taxes shall, at least ten days before the first day of January of each year, give public notice by hand bills circulated through the city and by advertisement in some paper, that all persons owning or controlling, as agent or otherwise, any personal property or real estate subject to municipal taxation on or before the first day of April of each year. All merchants doing business in the city are re- quired within the same time, to furnish the Assessor and Collector of Taxes a true statement, verified by affidavit, of all goods, wares and merchandise owned or kept on hand by such merchant on the fii'st day 36 TULSA CITY CHARTER. of January. Any merchant failing to comply with this requirement shall be liable to such fine as may be imposed by ordinance. 5. If the Assessor of Taxes shall discover any real or personal property which was subject to taxation for any previous year, and which from any cause has escaped taxation for that year, he shall assess the same in a supplement to his next assessment roll at the same rate under which such property should have been assessed for such year, stating the year, and the taxes thereon shall be collected the same as other assessments; Provided. That such supplement roll may be made at any time and reported to the Board of Commissioners for its approval, and any number of such rolls maj^ be made that may be necessar5^ The taxes assessed in such supplement rolls for years previous to the ap- proval of such rolls by the Board of Commissioners, and such taxes may bear interest at the rate of six per cent, per annum from date on which the same would have been delinquent if levied and assessed, and if the same shall not be paid within thirty days after the date of such approval the Commissioner of Finance and Revenue shall proceed to collect the same by advertisement and by sale of such property as soon as practicable; such advertisement and sale to be made in the satne manner, and for the same time as in cases of the sale of such property for other ad valorem taxes, as prescribed by the city charter; Provided, That a misnomer of, or failure to name the owner in the as- sessment roll shall not affect the validity of the assessment of any taxes; and, Provided Further. That when such taxes have not been at- tempted to be assessed for such previous year, such taxes shall bear interest only from the date of approval of the supplement rolls. The Assessor of Taxes may in any year reassess property, which, because of irregularity in the assessment, of any previous year may have been improperly assessed; such reassessment shall be at the value at which it should have been assessed in any such year, and property owners of such property shall take notice of such reassessment, if made prior to the first of April in any year, but if made after such date, notice shall be given by the Assessor and Collector of Taxes as in case of the raising of an assessment. Any property owner whose property has been re-assessed may appeal to the Board of Appeals as in case of an original assessment. 6. The Assessor of Taxes shall assess all property which for any cause has not been rendered, placing such valuation thereon as he may deem just. If the owners of such property are unknown, such assess- ment may be made in the name "unknown." 7. No irregularity in the time or manner of making or returning the city assessment rolls or the approval of such rolls shall invalidate any assessment. S. All property, real and personal, shall be rendered for taxation by the owner thereof or his agent as provided by the laws of the State for the rendition of propertj^ for assessment by the county; Provided, However. That in making such renditions the owner or agent shall not be required to state the value of the real property, but shall furnish to the Assessor, verified by the oath of the party making such rendition. TULSA CITY CHARTER. 37 a full and complete list and schedule of all property, real and personal, belonging to the person. Arm or corporation in whose name such property is rendered. It shall be the duty of the Assessor to value each and every item of the property so rendered in accordance with the fair cash value estimated at the price it would bring at a fair vol- untary sale to be applied alike to all taxpayers, and to transmit to the Board of Commissioners all renditions thus made together with a state- ment by him, verified by his oath, to the effect that he has truly, fairly and equally valued all such property. The Board of Commissioners, Sitting as a Board of Equalization and Appeals, shall revise the tax rolls, and it shall be their duty to correct all unequal assessments, and to increase or reduce the valuation fixed by the Assessor as the case may require, so as to equalize the bases and method of assessment adopted for all such reditions. It shall also be their duty to hear and fairly determine all appeals from property assessments fixed by them or under their authority. It shall be the duty of the Board of Commis- sioners to adopt such rules and regulations from time to time as to them may appear necessary to secure complete renditions for assess- ments of all taxable property in the city. • The Board of Commissioners shall cause to be prepared, as soon as practicable, an alphabetical list of taxpayers of the city, together with the total amount of property assessed against each which list shall be preserved in the office of the City Auditor and shall be ac- cessible to the public. 9. A lien is hereby created on all property, personal and real, in favor of the City of Tulsa, for all taxes, ad valorem, occupation or otherwise. Said lien shall exist from August first in each year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien, but the Commissioner of Finance and Revenue can pursue such property, and whenever found, may seize and sell enough thereof to satisfy such taxes. 10. If anyone against whom a personal tax is assessed, and which is due and unpaid, whether the same be delinquent or not, shall have removed out of the city, or shall be about to remove out of the city, or shall have removed or about to remove his personal property out of the city, it shall be the duty of the Commis- sioner of Finance and Revenue to proceed at once and collect such taxes by seizure and sale of any personal property of such person to be found in the City of Tulsa or anywhere in the State of Oklahoma. 11. All taxes shall be payable at the office of the Commis- sioner of Finance and Revenue and the Board of Commissioners shall have full power to sell or cause to be sold, all personal and real prop- erty for taxes due, and shall make all rules and regulations necessary for such purpose. 12. No demand for taxes shall be necessary, but it is hereby made the duty of evei-y person or corporation subject to taxation to attend at the office of the Commissioner of Finance and Revenue some time between the first day of August and the first day of November in each TULSA CITY CHARTER. year and pay his or her taxes. If any taxpayer shall fail to pay such taxes before the first day of November after the same shall become due, the same shall be delinquent and bear interest at the rate of six per cent, per annum. Upon all taxes paid or collected after the first day of November the Commissioner of Finance and Revenue shall collect from the delinquent taxpayer a penalty of two per cent, of the total amount of taxes collected from or paid by such taxpayer. On all taxes paid or collected after the first day of December next follow- ing the time when such taxes shall have become due, the Commissioner of Finance and Revenue shall collect a penalty of four per cent on the total amount of taxes paid or collected. On all taxes paid or collected after the first day of January next following the date on which such taxes shall have become due, the Commissioner of Finance and Revenue shall collect a penalty of six per cent, on the total amount of taxes paid or collected. On all taxes paid or collected after the first day of February next following the time at which such taxes shall have be- come due, the Commissioner of Finance and Revenue shall collect a penalty of ten per cent, on the total amount of taxes paid or collected, which penalty shall be cumulative of and in addition to the interest provided for by this section and such penalties shall be an obligation of the taxpayer, and be secured by the same lien and collected in the same manner as the taxes. 13. The Commissioner of Finance and Revenue shall, by virtue of his tax rolls, have power and authority to seize and levy upon personal property and real estate and sell the same to satisfy delinquent taxes. When he seizes personal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at the court house in the City of Tulsa, at least ten days before the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said property, and shall make an entry in the books of sales of the amount realized; all such sales shall be made at any door of the City Hall specified by ordinance. 14. Before sales of real estate are made, notice of the time and place of sale, together with, as near as may be. a description of the property shall be given by posting two notices, one at the court house and the other at the city hall in the City of Tulsa, also by publication in some newspaper of the city, for at least three weeks, which shall contain a statement of the amount due on each particular piece of ground; all such sales shall be made at any door of the city hall, speci- fied by ordinance. 15. The Board of Commissioners shall have full power to do, or cause to be done, everything whatsoever necessary to enforce a prompt and valid assessment and collection of all taxes and assessments provided for in this charter, and to make all regulations necessary for a valid assessment of such taxes and for the sale of property for said taxes and assessment. 16. The Commissioner of Finance and Revenue shall, where any TULSA CITY CHARTER. real estate has been sold for taxes, make and execute a deed to the pur- chaser for the propertysold, which deed shall be prima facie evidence of the following facts: First. That the lot or lots, or property conveyed, was or were sub- ject to taxation and assessment at the time of such sale, and at the time taxes thereon were levied and assessed, and that such taxes were regularly levied and assessed in all respects according to law. Second. That such taxes were not paid in whole or in part at any time beforesuch sale and that a lien existed on the property conveyed in such deed for taxes. Third. That the real estate therein conveyed was advertised accord- ing to law. Fourth. That the property conveyed was advertised according to law. was regularly and lawfully sold for taxes which were delinquent at the time of the advertisement and sale. Fifth. When such property shall have been sold to the City of Tulsa or any other purchaser, at such sale, either for general or special taxes, the title acquired by the city, or such purchaser shall not be disputed by any person whomsoever, or for any cause whatever, except upon tender to said city, or purchaser, of the taxes lawfully due on such property for which such sale was made, together with lawful in- terest thereon, and all accrued penalties and costs, as provided by the city charter of the City of Tulsa. 17. A sale of personal property for delinquent taxes shall convey with it an absolute title, and the owner shall have no right to redeem the same. „ 18. The city shall have the right to become a purchaser of prop- erty at tax sales, and the Mayor shall attend such sales for such purpose, and may empower any person to so bid on behalf of the city. 19. Whenever any real property is bid off to the city, or to any individual for delinquent taxes, the owner or attorney, or his agents may redeem the same at any time within two years from day of sale by paying the following amounts: All taxes paid or due, ten per cent per annum interest thereon from the time they became delinquent, and two and one-half ($2.50) dollars as costs on each piece of property sold, and as a further penalty, a sum equal to twenty-five per cent, of the amount of the de- linquent tax. if redeemed in three months; fifty per cent, penalty if redeemed in six months; seventy-five per cent, penalty if redeemed in one year, and one hundred per cent, if redeemed thereafter within two years, the said penalties to go to the purchaser at tax sales, whether the purchaser be the city or an individual. 20. All levies of ad valorem taxes heretofore made by the City of Tulsa, and all assessments heretofore made, and assessment rolls here- tofore placed in the hands of the City Collector of Taxes for collection are herebj' validated and the same shall be legal and binding, regard- less of any irregularity that may exist in the manner of making such levies, and the making and returning of such assessment rolls. This TULSA CITY CHARTER. provision shall apply to all suits and actions now pending-, as well as those hereafter prosecuted. 21. In any suit by the City of Tulsa for the collection of any de- linquent tax where it shall appear that the description of any property in the city assessment rolls shall be insufficient to identify such property the city shall have the right to set up in its pleadings a good descrip- tion of the property intended to be assessed and to prove the same, and to have its judgment foreclosing its tax lien upon the same and personal judgment against the owner for siJ'ch taxes, the same as if such prop- erty were fully described upon the assessment rolls. 22. When the owiner of the property or his agen. shall render any property to the Assessor for assessment, and such property is assessed in accordance with the description furnished by such owner or his agent, the sufficiency of such description shall not be disputed by such owner in any action or suit for the collection of such taxes; but the same shall be binding upon such owner, and shall be sufficient for all purposes of such assessment. 23. The provisions herein for the collection of taxes shall not be construed to prevent the city from filing suit in any court of competent jurisdiction for the collection of any taxes due on real estate, as well as personal property, and for the enforcement of levies for such taxes; and the assessment rolls shall be prima facie evidence of the facts stated in said rolls and that all taxes assessed on such rolls have been regularly levied and assessed in accordance with the provisions of this charter and of the law; and no irregularity in the manner of levying or assessing taxes shall invalidate the same unless it appears from af- firmative proof that such irregularity operated injuriously to the tax- payer attempting to avoid the payment of such tax. Nothing in this section shall prevent the Board of Commissioners from hearing all com- plaints as to erroneous and unjust assessments, and said Board of Com- missioners is hereby empowered and it is hereby made their duty to hear such complaints, and said Board shall have power within one year after this act goes into effect, and not thereafter to readjust, compromise and settle all disputes with reference to the legality or validity of taxes claimed to be due by any person or persons upon any real estate within the city. They may reduce former assessments on satisfactory proof that the same was excessive; such settlement when certified to by the Board of Commissioners to be filed with the Commissioner of Finance and Revenue, who shall accept payment of taxes in accordance there- with and thereafter a tax receipt for the amount of said taxes in full for all such years as aforesaid shall be accepted in full satisfaction for said taxes. ARTICLE VII. PUBLIC UTILITIES. 1. No street, alley, or public highway in the City of Tulsa shall ever be used by any person, firm or corporation for the construction or operation of a street railway, telegraph line, telephone system, or any TULSA CITY CHARTER. 41 other business of a public or quasi public nature, without obtaining authority therefor under a franchise granted by the Board of Commis- sioners, in accordance with the provisions of this charter. It shall be the duty of the Board of Commissioners and the City Attorney to bring suit to enforce this provision against any person, firm or corporation violating the terms thereof, for the purpose of ejecting the offender from the occupancy of such property, and to recover damages for the illegal use thereof. 2. The Board of Commissioners shall have power, by ordinance, to provide for and construct a general sewer and drainage system, to be divided into pui)Iic and private sewers, and drains, and to be con- structed, maintained and regulated in such manner and out of such material as the Board of Commissioners may prescribe. Sewers may be established as the Board of Commissioners may direct, and there may be extension of branches of sewers already constructed or entirely new throughout as may be deemed expedient. The Board of Commis- sionei-s may. if necessary, levy a tax on all taxable property in the entire city, to pay for the construtction and repairs of such public sewers which shall be called a "special sewer tax," and shall be used solely for such purpose. No public sewer: shall be run diagonally through private property when it is practicable, without injury to said sewer, to construct it parallel with one of the exterior lines of such property. No public sewer shall be constructed through private jiropetrx- when it is practicable to construct it along or through a street or I'ublic high- way. 3. The Board of Commissioners shall have the power to appro- priate private property for public purposes, whenever the Board of Commissioners of said city shall deem it necessary to take any private property either within or without the city limits for any of the follow- ing purposes, to-wit: In order to open, extend, change or widen any public street, avenue or alley, or for the construction of water mains or sewers, either within or without the city limits, or for the improvement and enlargement of Its water works, including riparian rights, water sheds, reservoirs, etc., parks, squares, and pleasure grounds, public wharves and landing places for steamers and other crafts or for the straightening or improving of the channel of any stream, branch or drain such property may be taken for such purposes by making just compensation to the owner thereof. If the amount of such compensation shall not be agreed upon, it shall be the duty of the Board of Commissioners to cause to be stated in writing the real estate or property sought to be taken, the name of the owners thereof, and his residence if known, and the purpose for which said property is sought to be taken, and file such statement with the judge of the District Court of Tulsa County. Upon the filing of such statement, it shall be the duty of such judge, in term time or vacation, to appoint three disinterested freeholders and qualified voters of the County of Tulsa as special commissioners to assess the damages to accrue to the owners by reason of such condemnation. The special commissioners so appointed, shall, in their proceedings, be governed and 42 TULSA CITY CHARTER. controlled by the State laws in force in reference to the condemnation of right of way for railroad companies, and the assessment of damages therefor, the City of Tulsa occupying the position of the railroad com- pany. In estimating the damages to such property the jury shall not only estimate the value of the land so taken but shall also estimate the damage done to the remainder of any land from which it is taken by reason of such taking and use; Provided. However. That in case of the condemnation of land for the opening, extending or widening of any street, or for straightening or improving the channel of any stream, branch or drain within the corporate limits of said city, the Board of Commissioners may, by ordinance, provide that the cost of such prop- erty shall be paid by the property owners owning property in the im- mediate vicinity thereof and benefiitted thereby.,In such cases the City Engineer shall, under the direction of the special commissioners ap- pointed, make a plat of the property which in the judgment of said special commissioners will be specifically benefitted and enhanced in value by the making of such improvement, whereupon such special com- missioners shall issue notice to the owners of such property to appear before them at a time and place to be designated in such notices to show cause, if any they have, why such property should not be assess- ed to pay the cost of the property so condemmed. Such notices may be served by any police officer in the City of Tulsa, or any other officer of the State oE Oklahoma, County of Tulsa, authorized by the laws of said State to serve process of the courts of said State; and in all cases where such owner or owners, or any of them, are absent from said city and county, upon the agent of such absent owner, if such owner shall have an agent in said city or county, and in case such absent owner shall not have such agent, or in case the owner of such property is unknown, then such notice shall be published for two days consecutively in some newspaper published in the City of Tulsa; such notice shall be given five full days before the final determination by the special commissioners of the amount of assessment against the owners of such property for such improvement; said special commissioners shall determine the value of the property desired to be taken, belonging to the different owners thereof, if there be more than one such owner, and if there be only one such owner, the value of the same, and shall also find how much of the cost thereof shall be assessed against the owner of each lot or subdi- vision of the land in the immediate vicinity thereof specially benefited and enhanced in value by the making of such improvement, and shall report all said matters to the Board of Commissioners of the City of Tulsa, showing a description of the property taken and condemned and the name of the owner thereof, if known, and if the owner of any such property is unknown, shall state said fact, or if there be more than one owner of such property, then the description of the property of each said owner, if known, and if unknown, shall state such fact and the value of the property of each such owner so condemned, and also the description and name of the owner of each subdivision of property if known, and if unknown, shall so state, describing such property so as to Identify it against which special assessment should, in . the judg- TULSA CITY CHARTER. 43 ment of said board, be made to pay for such property condemned, such apportionment shall be made according to the benefits that will in the judgment of said special commissioners, be received by or accrue to such lot or subdivision of property by reason of the making of such improve- ments, and such report shall be filed with the City Auditor for the con- sideration of the Board of Commissioners. The Board of Commission- ers shall, as soon as practicable after the filing of such report, consider the same, and if the same, is approved by a majority vote of the mem- bers present at the meeting at which it considers the same, the same shall be final and binding upon the city and all parties at interest there- in. If the Board of Commissioners shall approve said report, it shall levy a special tax against the property shown by said report to be bene- fitted and enhanced in value by such improvement, according to the recommendation made in such report; such taxes shall be a lien on the property against which the same shall be assessed, from the date of such levy, and shall become due and delinquent at the times provided in the ordinance levying the same. If the same shall not be paid as provided in such ordinance, the Commissioner of Finance and Revenue shall proceed to collect same, as provided in the ordinance, levying same by the advertisement and sale as provided in the city charter in cases of the sale of such property for delinquent ad valorem taxes: Provided, That it shall not be necessary to make such sales at the same time as provided for in the sale of property for -delinquent ad valorem taxes. The special commissioners appointed under the provisions of this section shall have the same power to issue writs and subpoenas and compel the attendance of witnesses, etc., as commissioners appoint- ed for the condemnation of land, etc., for the right of way of railroads under the general laws of the State of Oklahoma; shall receive the same compensation for their services and shall be governed in all respects not herein otherwise provided by general laws in all matters relating to their procedui;p. The compensation for the land and property taken or damaged under the provisions of this section shall be paid to the owner of such property so taken or damaged, or secured by a de- posit set apart in money in the hands of the City Treasurer, subject to the order of such owner, before such property is taken or damaged; Provided, The city may make such payment out of the general fund, if the Board of Commissioners shall deem it advisable, and when the amounts assessed against the property specially benefited as is herein provided are collected, may repay to the said general fund the amount so advanced, and such payment shall not be a waiver of the city's rights to make such collection. 4. The Board of Commissioners shall have power to cause tele- graph, telephone and electric light companies to change the location of their poles; also to cause all erected poles not in use to be taken down and removed. If such companies shall fail to do such things after being notified the cit.v may have the same done at the expense of such companies.. The Board of Commissioners shall also have the power to require telegraph, telephone companies and electric light companies to 44 TULSA CITY CHARTER. run their wires under the ground, if, in the wisdom of the board, public interest should so demand. , , 5. Any person, firm or corporation holding any franchise hereto- fore or hereafter granted by the city, authorizing the use or occupation for any purpose of any street, avenue or alley in the city, or any por- tion thereof, and requiring or binding the person, firm or corporation holding such franchise to keep any portion of such street, avenue or alley so used or occupied, or the pavement th'erof in repair, or to main- tain the same in condition for public travel; or any person, firm or cor- poration who, under any contract heretofore or hereafter made with the city for the construction, re-construction or repair of the pavement or other improvement of any avenue, street or alley, or any portion thereof, shall be or is bound to keep the same in repair or in good con- dition for public travel, or to do or to perform any duty relating to the maintenance or repair of such pavement or other improvement, for any term of years mentiomed in such contract, who shall be served with a written notice signed by any owner or owners of property abutting such street, avenue or alley, or such portion thereof, such notice to be served by delivering in person or by mailing same by registered mail to such person, firm or corporation, or any officer or agent thereof, at the postoffice address of his residence, and who shall fail or refuse to repair or place in condition for travel according to the terms or re-_ quirements of such franchise or contract, the portion of such avenue, street or alley mentioned in such notice which such per- son, firm or corijoration is bound to repair or maintain, within ninety days after date of the sen-ice of such notice, shall forfeit to the city the sum of fifty dollars for each day after the expiration of said ninety days until said avenue, street or aAley or portion thereof mentioned in said notice, and which such person, firm or corporation is bound to repair or maintain, is repaired and put in good condition for public travel, as required by the terms of such franchise or contract, or until the requirements and terms of such contract are complied with, such sum or sums to be recoverable at the suit of the city or at the suit of any ow^ner of property abutting on said avenue, street or alley, or portion tbereof, to the use of the city, in any court of competent jurisdiction. The penalty herein provided shall be in addition to and cumulative of any other penalty, condition or requirement contained in such franchise or contract. In any suit brought under this section any judgment therein recovered may be made a lien vipon any sum held by or deposited with the city, or in trust, to guarantee or secure the per- formance of the conditions of any such franchise or contract. 6. Whenever any franchise to any person, firm or corporation has heretofore been made, or shall hereafter be made or granted by the Board of Commissioners for the use of any street of the city for the purpose or for the exercise of any public privilege or advantage, and the said grant has been or shall hereafter be made upon any conditions named in said grant or things to be performed by the said grantee, and such grant shall contain no condition of forfeiture, yet the breach of anj' condition so named in any such grant, or any failure on the part TULSA CITY CHARTER. 45 of said grantee to promptly pay any tax whatever assessed by the city, shall be or cause a forfeiture of the said franchise or privilege so grant- ed, as if expressly stipulated for therein, and whenever any such grant has been or shall hereafter be made in consideration of the payment of any bonus, the said paj^ment shall be secured by a prior lien on all property of said grantee, within the city, whether expressly stipulated for or mot, and any failure to properly pay such bonus according to the terms of the grant, or any failure to pay any tax of any kind, shall be a cause of forfeiture of the franchise or privilege granted, whether such forefiture be expressly provided for or not. ARTICLE VIII. ORDINANCES. 1. Every ordinance passed by the Board of Commissioners shall be enrolled by the City Auditor or such other officer as may be selected by the board v/ithin the next succeeding five days. Sundays excepted, or as soon thereafter as practicable. It shall then be carefully compared with the ordinance and all amendments, if any, by the City Attorney and at least one member of the Board of Commissioners who may be charged with that duty by the Board of Commissioners. If errors exist, they shall be corrected. If no errors exist, or if found, then, after their correction, the Commissioners and City Attorney making the correction shall endorse on the margin the words "correctly enrolled." and give the date thereof and subscribe his name thereto. Every ordinance imposing any penaltj-, fine, imprisonment, or forfeiture for a violation of its provisions, shall, after the passage there- of, be published in every issue of the official newspaper for three days successively (excluding Sundays), and proof of such publication by the printer or publishers of such newspaper, and before any officer author- ized to administer oaths and filed with the City Auditor, or any other competent proof of such publication shall, in all courts be conclusive evidence of the legal publication and promulgation of such ordinances: Provided, That amendments and corrections made in digesting the re- vision for publication in book form need not be so published. All ordinances, except as above provided, shall be published at least onece in some newspaper in the City of Tulsa, and shall take effect as provided in this .charter. All ordinances of the city, when printed and published and bearing on the title page thereof. "Ordained and published by the Board of Commissioners of the City of Tulsa," or words of like import, shall be prima facie evidence of their authority, and shall be admitted and received in all courts and places without further proof. 2. The style of all ordinances shall be "Be is ordained by the Board of Commissioners of the City of Tulsa," but such caption may be omit- ted when said ordinances are published in book form or are revised and digested under the order of the board. 3. The Board of Commissioners shall have power to cause the or- dinances of the citv to be printed in code form and shall have the same 46 TULSA CITY CHARTER. rearranged and digested as often as to the board may seem advisable. 4. All ordinances of a general nature shall be published at least once in some newspaper in the City of Tulsa. 5. All ordinances, resolutions, rules and regulations now in force in the City of Tulsa, and not in conflict herewith, shall remain in force under this act until altered, amended or repealed by the Board of Com- missioners, after this act shall take effect. 6. All ordinances of the City of Tulsa which may be invalid or de- fective, but which if passed under the provisions of this charter would be valid, are hereby validated as if passed under the provisions of this charter. ARTICLE IX. STREET AND SIDEWALK IMPROVEMENTS. 1. When the Board of Commissioners shall deem it necessary to grade, pave, macadamize, gutter, drain or otherwise improve any street, avenue or alley or any part thereof, within the limits of the city for which a special tax is to be levied, as herein provided, said board shall by resolution declare such work or improvement necessary to be done, which resolution shall be adopted by a majority vote of the board, and the passage of such resolution shall be conclusive of the public necessi- ty therefor, and the benefit thereof, and no notice of such action by the board shall be requisite to its validity. Such resolution shall, in general terms, set forth the nature and extent of the improvement or improve- ments to be made, the section or sections of any public street, avenue or alley to be improved, the material or materials with which the im- provements are to be constructed and the method or methods under which the costs of such improvement are to be paid. Such resolution may specify that such improvements may, at the election of the board be constructed from different material and may specify different or alter- native methods of making such improvements, and providing for the pay- ment of the costs thereof. Upon the passage of such resolution it shall be the duty of the city engineer to forthwith prepare specifications for such improvement, which specifications shall embrace the different ma- terials or different plans or methods, under which said improvements or part thereof are to be constructed or paid for, if such different materials or alternative plans or methods or construction or payment are specified in such resolution; and such specifications shall also describe the char- acter of bond or bonds required of the successful bidder for the construc- tion of such improvement and the maintenance thereafter, as herein provided. When such specifications have been prepared they shall be submitted to the Board of Commissioners for its approval. The board shall have power to reqpire of the contractor or contractors to whom the work may be let, a bond for the faithful performance of the contract and the maintenance of the work in good condition at the cost of the contractor for a term not less than five years from the completion there- of, and for the maintenance thereof by the contractor. The bonds re- quired by the Board of Commissioners to be executed by the contractor TULSA CITY CHARTER. 47 shall be executed by such contractors to whom the work may be let tog-ether with one corporate surety acceptable to said board which shall be a surety company authorized to do business within the State of Oklahoma. 2. The Board of Commissioners shall have powier to cause side- walks, curbs and gutters to be constructed, re-constructed or repaired under and by virture of the terms of this article and the various sub- divisions thereof, either separate or together with other improvements; Provided, That the costs of constructing, re-constructing or repairing sidewalks shall be borne entirely by the owners of property abutting upon said sidewalks; and, Provided Further, That the right of the Board to order the construction, re-construction or repairing of such side- walks, curbs and gutters shall be exclusive of, and in addition to the powers in this charter conferred upon the Board of Commissioners to order such improvements. 2. The Board of Commissioners is hereby empowered to establish and change the grade of all streets, avenues, alleys or other public places in the city, or part or section thereof, whenever in their judgment the public convenience may require such change of grade; Provided, That no material change of the permanent established grade shall be made without making due compensation to the owners of abbutting jjroperty, having permanent improvements erected thereon, with reference to the previous legally established grade, and the Board of Commissioners shall prescribe, by ordinance, the method of ascertaining the compensa- ^tion due to any such property owner whose property is affected by such material change of street grade, and the city shall pay to such owner such compensation so ascertained. 4. The costs of grading, paving, curbing and guttering any street, avenue or alley may be paid in part by the city or in part by the own- ers of property benefited by such improvement and abutting upon the property, street or alley or portion thereof ordered to be improved, and any resolution or ordinance passed and adopted by the Board of Com- missioners declaring the necessity for such construction shall provide what proportionate part, if any, of the costs of such improvement shall be paid by the city, and the proportion of the costs that shall be borne by the owners of property abutting on such street, or alley or part of street or alley so ordered to be made; Provided, That when any person, firm or corporation owns any railroad or street railroad or railroad switch of any kind on such street or alley or portion thereof ordered to be improved, such person, firm or corporation shall pay the whole costs of such improvement between the rails and tracks, and for two feet on each side of the rails of such railroad or street railroad, and the city and abutting property owners shall be relieved of the part of the costs to be paid by such road. The pro rata share of the cost of such im- provement payable under thie terms hereof by any railroad or street railroad or the owners thereof, together with all costs of collecting the same, shall be a special tax against, and secured by a lien upon the roadbed, ties, rails, fixtures, rights and franchises of such railroad or street railroad and the owners thereof, and whenever a contract shall 48 TULSA CITY CHARTER. be let for any such improvement the Board of Commissioners shall levy a special tax upon the railroad, ties, rails, fixtures, rights and fran- chises of such railroad or street railroad, for the pro rata share due from such road, for improvement between their tracks and rails and two feet on each side thereof. Said tax shall be levied at or after the time such contract is let or executed and shall become due and delin- quent as the ordinance levying the same may specify, and shall be a lien from the time of levying and the proceeds thereof shall be used for the payment of the costs of such improvement. If said taxes be not paid as provided for by ordinance, then collecteion shall be enforced as the collection of other taxes by advertisement and sale of the property, rights and franchises levied upon; Provided, It shall not be necessary to sell at the samie time as for delinquent ad valorem taxes. At any such sale the city tax collecter or such other officers as shall be desig- nated by the board shall execute to the purchaser a deed similar to the one executed when the property is sold for ad valorem taxes. Such as- sessmient and lien may also be enforced by suit brought in any court having jurisdiction thereof. The lien provided for shall be a first and prior lien paramount to all encumbrances except taxes, upon the road- bed, ties, rails, fixtures, rights and franchises of this person, firm or corporation or company owning the railroad or street railroads afore- said. Provided Further, That when any street, avenue or alley is oixlered graded, paved, curbed or guttered as herein provided any person, firm or corporation having right of way or operating a railroad intersecting^ or crossing such street, avenue or alley so ordered improved, shall bear the entire expense of grading, paving, curbing and guttering and laying sidewalks over and across their tracks and right of way for the full width of such right of way. 5. When specifications have been adopted by the board for con- templated improvements, provided for by the city charter, it shall be the duty of the City Auditor or such other officer as shall be designated by the Board of Commissioners to at once advertise for sealed bids for the construction of such improvements, in accordanoe with the specifi- cations adopted therefor. Such advertisement shall be inserted in a daily paper of general circulation in the City of Tulsa and shall state the time within which bids may be received as prescribed by the board, which shall be not less than ten days nor more than fifteen days from the insertion of said advertisement. Bids shall be filed with the City Auditor or such other officer as the board shall designate and shall be opened and read in public meeting of the Board of Commissioners. The board shall have the right to accept such bids as it shall deem most advantageous to the city and the owners of the property abutting on the public street or alley named, to be improved, or may reject any and all bids; and where any improvement is ordered on different specifications, and for the construction of work or part thereof, with different material, and under different plans or methods of construction, or payment for such improvement, the board shall have full power after opening bids, to select such methods, plans or materials for making such improve- TULSA CITY CHARTER. 49 ments or any part thereof, as it may deem best and to let the work to such bidder and upon such bid as it may select, subject to the terms thereof. No bid shall be amended, revised or changed after being filed. All bids shall be accompanied by a certified check for five per cent, of the amount of such bid as a forfeit, in case of failure of the bidder or bidders, if successful in securing the work bid for, to enter into a contract and bond as required by this charter, for the performance of such work. When bids for such improvements have been accepted by the board the city shall enter into contract with the contractor or con- contractors, to whom the work has been let, for the performance there- of, which contract shall be executed in the name of the city by its Mayor and attested by the City Auditor or such other officer as may be desig- nated by the board, with the corporate seal. The contractor or con- tractors to whom such work has been let, shall execute bond or bonds as may be required by the city board and as herein provided. Said bond or bonds, to be approved by the board if satisfactory. ' 6. After excluding the costs of making any improvements between and two feet on each side of the track and rails of railroads or street railroads, and the entire cost of any improvements crossing the right of way of any railroad, which costs are to be assessed against, and whol- ly paid by the owners of such railroads, as herein provided, and subject to the terms hereof, the City of Tulsa acting by its Board of Commis- sioners shall have power to assess the whole costs of construction, re- construction and repairing anj' sidewalks, curbing, guttering and paving any street, avenue or alley, or making any other improvements ordered under the terms hereof, against the owners of property abutting upon the street, avenue or alley or part or section thereof upon which such improvements are to be constructed, and who are specially benefited thereby, and shall have the power to fix a lien against such property to secure the payment of the portion of such costs assessed against the owners of such property and in apportioning the costs of such improve- ments against abutting property owners, each quarter block shall be charged with its due proportion of paving, both the front and side streets on such block, and the alley or alleys therein, together with the area formed by street intersection and alley crossing, which cost shall be ap- portioned among the lots or sub-divisions of such quarter blocks, accord- ing to the benefit to each lot or parcel. If any portion of the abutting property shall not be platted into lots or blacks the Board of Commis- sioners shall include such ground in proper quarter block districts, for the purpose of appraisement and assessment as herein provided. Pro- vided that in mo event shall such costs be assessed against such owners or their property, or liability therefor, finally determined, until after the hearing herein provided for and after the adjustment of equities be- tween such owners; and provided further, that the costs assessed against any property shall be in proportion to the frontage of the property of each owner to the whole frontage of property in such quarter block so ordered to be improved. Provided, that if the application of this rule would, in the opinion of the board, in particular cases, be unjust or un- equal it shall be the duty of the board to assess and apportion said costs 50 TULSA CITY CHARTER. in such proportion .as it may deem just and equitable, having in view the special benefits in enhanced value to be received by each owner of such property, and the equities of such owners and the adjustment of such apportionment, so as to produce a substantial equality of benefits received by, and burdens imposed upon each owner. The board shall also have power to provide that the proportion of the said costs which may be assessed against the said owners and their property shall bear interest at a definite rate, not to exceed seven per cent, per annum, when the payment thereof is deferred, and shall have the power to in- clude in any assessment which may be made against such owners and their property, reasonable costs of collection, where such costs are in- curred, and reasonable attorney's fees, where attorney's fees are incurred. 7. The contract or contracts for such improvements and the bond or bonds having been executed and approved by the board it shall be the duty of the city engineer to at once prepare a written statement which shall contain the names of such persons, firms or corporations or estates that may own property abutting upon the section or sections of the street, avenue or alleys named, to be improved, the number of front feet owned by each, and describing the property owned by each by block or lot, number or otherwise, so describLng such property as to identify the same; and such statement shall also contain as estimate of the total costs of such improvement, the proportion and amount of such costs to be assessed against abutting property, the amount per front foot to be assessed against abutting property, and the total esti- mated amount to be assessed against each owmer. Such statement shall be submitted to the board which shall examine the same and correct any errors which may appear therein; but no error, omission or mistake in such statement shall in any manner invalidate any assessment made, or lien or claim~ fixed thereunder. When such statement has been ex- amined and approved by the board and it shall have determined to assess the costs of such improvements against such property, it shall so declare by resolution, directing notices thereof to be give unto the owners aforesaid by publication for five consecutive days in a daily newspaper of general circulation ini the City of Tulsa, and also to mail to such owners a copy of such notice by registered letter deposited in the post office in the City of Tulsa, directed to the address of • such own- er, if known, or if such address be not known then to the agen or attor- ney of such person, if known, provided that the registered letter afore- said shall be deposited in such post office in the City of Tulsa within ten days prior to the date set for the hearing hereinafter provided for; and provided further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of the service of notice by publication above mentioned; and provided, that in all cases where personal service by registered letter shall not be obtained, said service by publication shall, nevertheless, be deemed valid and binding. The certificate of the City Auditor or such other officer as shall be des- ignated by -the board to the effect that the address of such owner or owners or their agent or attorney is unknown to him, and personal service cannot be had upon them, shall be deemed conclusive of such TULSA CITY CHARTER. 51 fact. The notice aforesaid sliall state the time of the hearing herein- after provided for, the general character of the improvements deter- mined upon by the board, the street or part thereof to be improved and the proportionate part and amount per front foot of the total cost of the proposed improvement, which it is contemplated shall be assessed against the property and the owners thereof abutting upon such street or alley to be improved. On the date, stated in the notice aforesaid or any time thereafter, before any special assessment is actually levied, any person, firm or corporation, interested in any property which is claimed to be subject to assessment for the purpose of paying the cost of any improvement, in whole or in part, shall be entitled to a full and fair hearing before said board as to all matters affecting such prop- erty, or the benefit thereto, of such improvements or any claim of lia- bility or objection to the making of such improvements of any invalidity or irregularity in any of the proceedings in reference to making such Improvements or any other objection thereto. Such person, firm or corporation shall file their objections in writing and thereafter the Board of Commissioners shall hear and determine the same, and full opportunity shall be given to the persons, firms or corporations filing such objections to produce evidence, subpoena witnesses and to appear in person or by attorney and a full and fair hearing thereof shall be given by the said board, which hearing may be adjourned from time to time, without further notice and the Board of Commissioners shall have full power to inquire into and determine the facts necessary to the ad- judication of such objects and the ascertainment of special benefits to which such owners by means of such improvements and shall make such order in each case as may be just and proper. Any objections to the regularity of proceedings with reference to the making of such im- provements as herein provided or to the validity of any assessment against said property or the validity of any assessment against said property or the owners thereof, shall be deemed waived, unless present- ed to the time and in the manner herein specified. The time as set for such hearing shall be not less than ten days from the time of the first publication of such notice. When the hearing above mentioned has been concluded the board shall by ordinance assess against the several owners of property, and against their property abutting upon the public street or alley or part thereof ordered to be improved, such proportionate part of the costs of said improvement as by such board may have been adjudged against such respective owners and their property. Said ordinance shall fix a lien upon such property for the re- spective amounts to be assessed; and shall state the time and manner of payment of such assessment, and said board may order that the said as- sessment shall be payable in installments, and prescribe the amount, time and manner of payment of such installment, which, however, except as hereinafter provided, shall not exceed ten years, and the payment shall not be deferred beyond ten years from the completion of said improve- ment, and its acceptance by the city. The said ordinance shall also prescribe the i-ate of interest to be charged upon deferred payments, not exceeding seven per cent, per annum and may provide for the maturity 52 TULSA CITY CHARTER. of all deferred payments, and their collection, upon default in the pay- ment of any intstallment of principal or interest. Each property own- er, his heirs, assigns or successors, however, shall have the privilege of discharging the whole amount assessed against him or any install- ment thereof, at any time before maturity, upon payment thereof with accrued interest. Upon the payment by any property owner of his as- sessment in full, the city shall cause to be executed by its Mayor and duly acknowledged for record a release of the lien of such assessment. 8. When the board shall have reason to believe that the owner or owners of any property may successfully claim the same as exempt from special assessment, it may order that the improvement shall not be made in front of, or abutting on such property, unless the owner or owners shall first make a satisfactory provision for the payment of the amount of the cost which would be assessed against such property, except for such exemption, and such contractor shall not be obliged to make such improvement in front of any property which is exempt from the en- forcement of a lien for such improvement, but may omit the construc- tion thereof in front of such property. Subject to the provisions hereof the board may, when deemed just and proper, order improvement to be made on only one side of the public street or alley or section or portion thereof, and may assess the cost of, or a portion thereof, against the property and the owner of property abutting on such side of such street or alley or section or portion thereof. 9. Whenever any error or mistake shall occur in any proceedings, provided for in this charter, it shall the duty of the board to correct the same, and whenever it shall have been finally determined in any suit that any assessment against any property or its owner or lien against such property fixed or attempted to be fixed under the terms hereof, is, for any reason, invalid, unlawful, or not enforcible, then it shall be the duty of the board to at once proceed to re-assess against such property such proportion of the costs of making such improve- ments as shall be proper, lawful and just and fix a lien against such property; and such board shall have power, and it shall be it sduty, by ordinance or resolution, to adopt such rules and regulations, and to make such orders as shall, in compliance with the law, provide for correcting such mistakes and making a valid re-assessment against such property and fix a vadlid lien thereon; said board shall have power and it shall be its duty to adopt such rules and regulations for a hear- ing to the owners of such property before such re-assessment which may be necessary or proper, in order to legally bind such owners and their property, by such re-assessment; and shall have power to adopt all other rules and regulations which may be requisite to a valid re- assessment of such property. Subject to the provisions of this charter the cost of any such improvement or improvements, after deductiiij? the proportion of such costs as may be assessed against any railroad or street railroad, and the proportion of said costs which may have been finally assessed against property abutting upon the street or allej-- or section or portion thereof, ordered to be improved and against the owners of such property, shall be borne and paid by the city. TULSA CITY CHARTE.R. 53 10. In addition to the power hereby conferred upon the board, by majority vote, to order the construction of any street improvement or improvements as herein defined, and to assess the costs thereof in whole or in part against the abutting property; whenever the owners of two-thirds of the front feet of property abutting upon any street, avenue or alley, or section or part thereof, shall in writing petition for the improvement thereof, and shall in such petition agi'ee to pay three - fourths of the cost of such improvements in front of their respective propertj', and of improving intersections of streets and alleys, ex- clusive of such cost as is payable under the terms hereof, by railroads or street railroads, shall generally designate the nature of the proposed improvements, and the said board shall order the construction of such inprovements; provided, only, that before a resolution ordering the said improvement shall be passed by the board it shall be satisfied from the said petition or other evidence as shall be submitted to it, that, exclusive of the costs of said railroad or street railroad at least three-fourths of the whole cost of said improvement can be secured by a valid assessment against property abutting upon the street, or alley, or section, or part thereof, to be improved, or will otherwise be satisfactorily secured. If such petition shall specify any particular kind of material or pavement desired, then the work shall be ordered constructed with that material or pavement only, and bids taken accordingly; provided, that in such case the petition may stipu- late the maximum cost ijer front foot, cubic or square yard at which the w'ork shall be let, and no contract shall be let at a greater cost than is thus stipulated. Where ihmpovements are ordered to be made upon such petition as provided for in this section the method of proceeding in reference thereto, and with refer- ence to assessing the cost thereof against abutting property, shall, pubject to the- provisions of this section, be in accordance with the terms and provisions of this article. Where improvements are to be made upon such petition as is .provided for in this section the work shall not actually be begun untl three-fourts of the cost of said im- provement, exclusive of the part of the costs to be paid by any rail- road or street railroad, shall have been assessed against the property abutting upon the public street, avenue or alley, or section or part thereof, to be im.proved, in the manner herein before provided in this section; provided, however, that no assessment shall be made, except after the hearing hereinbefore provided, and the costs of such im- provement shall be apportioned between the various abutting prop- erty owners according to the frontage of their property upon such street, avenue or alley, or section or part thereof, to be improved; provided, that whenever, after such assessment the board shall be of the opinion that an assessment against any property and the lien thereby fixed can not be enforced on account of exemption of such property, the board may direct that such improvement shall not be made in front of such property, or may requii-e the owner of such propertj' to pay or secure the payment of the pro rata amount of such 54 TULSA CITY CHARTER. costs assessed against such property before such hnprovements shall be made in front of the same. 11. When any of the public improvements provided for in this article are ordered to be made, the cost, or part thereof, which may be assessed against abutting property and against railroads and street railroads, as herein provided, and such cost so apportioned and as- sessed against the abutting property as provided for by this charter, and the lien as established and fived by the Board of Commissioners in favor of the contractor as herein provided for, such abutting prop- erty shall be held liable for the payment of such costs so assessed against it, and the city shall not be responsible or liable for any part of such costs so assessed and taxed against such abutting property, and shall not be liable for any part or portion of the costs of any street improvements, except when the city through the board shall have obligated itself to pay a part of such costs and provided in this charter; the lien provided for herein to be fixed by the board against the respective owners and their property abut- ting upon any street, avenue or alley, or section or part thereof, may be evidenced by assignable certificates or tax bills against abut- ting property, railroad or street railroad, to be issued to the contractor by the City of Tulsa, and the board shall prescribe the form and terms of such certificate. The recital in such certificates that the proceedings with reference to making such improvements have been regularly had in compliance with the terms hereof, and that all prerequisites to the fixing of the lien and claim, evidenced by such certificate have been performed, shall be prima facie evidence of the facts so recited, and no other proof thereof shall be required, but in all courts the said pro- ceedings and prerequisites shall, without further proof, be presumed to have been had or performed. Such certificates shall be executed by the Mayor and attested by the City Autditor or such other officer as shall be designated by the board with the corporate seal. The passage by the board of an ordinance finally assessing against any property the cost or part thereof, or in making and fixing a lien upon such property shall operate as notice of such assessment, and lien against all creditors of the owners of such property and the purchaser thereof and the lien thereby fixed, without further record or proceed- ing be effective against all such creditors or persons. 12. The City shall have power to borrow money on its credit, and the board may by ordinance authorize the issuance by the city of its negotiable coupon bonds for the purpose of paying the city's part of any such permanent street improvements as embraced in the terms of this article. Such bonds to be within the limits of indebtedness prescribed by the constitution and this charter. Such bonds shall bear interest at the rate of not more than five per cent per annum, payable in semi-annual installments, and the principal thereof shall be pay- able in not more than twenty years from their date. S'uch bonds shall be authorized and executed in accordance with the terms of this charter with reference to the issuance of other bonds; provided, that no such bonds shall be issued unless the question of such issue shall first be TULSA CITY CHARTER. 55 submitted to a vote of the quaJifted tax payers, and the same shall be approved at such election in accordance with the provisions of the Con- stitution and of this charter, and the Board of Commissioners shall provide in any resolution or ordinance authorizing such bond issue, for the levying of an annual tax sufficient to meet the accrued interest, and provide a sinking-fund for the payment and retirement of such bonds, and the bonds provided for in this article shall be sold by the city for not less than par. Such bonds shall not be sold by the City until registered and approved in accordance with the requirements for other bond issues by the city. 13. All contracts heretofore entered into by the City of Tulsa or which may hereafter be entered into by the city, and before the pro- visions of this charter become effective, and all ordinances made in relation to such contracts shall be given full force and effect under the laws and ordinances in force at the date of the making of such con- tracts, and such improvements shall be carried forward and completed in accordance with such laws and ordinances, and that all costs of such improvements shall be assessed by the Board of Commissioners against the abutting property owners and other persons, firms, or corporations made liable for the payment of such costs under and in accordance with the provisions of the laws and ordinances then in force. The Board of Commissioners created and authorized by this charter are hereby authorized and directed, and it is hereby made their duty to do and perform or cause to be done or performed, all things which, by such existing laws and ordinances of such citj% the City Council of such city and the officers thereof acting thereunder are now authorized or permitted to do, in order to cari-y into effect the terms of such con- tract, and to assess the costs of improvements against such property, and to provide for the collection of such assessment, and to provide for the issuance of assignable certificates therefor, and to do and per- form any other act or thing which may be necessary under the said existing laws and ordinances of said city, to give effect to said con- tracts and to provide for the enforcement thereof. The fact that more than one parcel or lot of land, the property of the owner or jointly owned by two or more persons, firms or corporations having been as- sessed together in one assessment shall not invalidate the same, or the lien thereof^ The costs of any such improvements assessed against any property, together with all costs and reasonable expenses in col- lecting the same, including reasonable attorney's fees when incuri-ed, shall be secured by a lien upon such property superior to all other liens, claims or title, except city, county and state taxes, and such lien may be enforced either by suit in any court of competent jurisdiction or by sale in the same manner as far as applicable, as sales are author- ized to be made by the City of Tulsa for the non-payment of taxes; provided, that it shall not be necessary to sell at the same time as for de- linquent ad valorem taxes, and the board may by resolution or ordinance make such rules and regulations, not inconsistent with the charter, as it may beem necessary to provide for the speedy collection of such assessment for improvements. Any error or omission in selling prop- 56 TULSA CITY CHARTER. erty or designating the names of owners or any other error or omission may be corrected at any time by the board or at the suit of any inter- ested party. In any suit brought under the provision of this section it shall be proper to join as defendants two or more property owners who are interested in any single improvement or any single contract for such improvement. 14. At any time within ten days after hearing in section seven of this article provided for has been concluded, any person or per- sons, corporation or corporations, having an interest in any real estate which may be subject to assessment under this charter, or otherwise, having any financial interest in such improvement or improvements, or in the manner in which the cost thereof is to be paid, who may desire to contest on any ground the validity of any proceeding that may have been had with reference to the making of such improvements, or the validity in whole or in part, of any assessment lien fixed by said proceedings, may institute suit for that purpose in any court of competent jurisdiction. Any person or persons, corporation or corporations, who shall fail to institute such suit within a period of ten days, or who shall fail to dili- gently prosecute such suit in goo dfaith to final judgment, shall be forever barred from making any such contest or contests, and this estoppel shall bind their heirs, successors, administrators and assigns. The City of Tulsa, or the person or persons to whom the contract has been awarded shall be made defendants in such suit, and any other proper parties may be joined therein. There shall be attached to plaintiff's petition an affidavit of the truth of the matter therein alleged, except such matters as are alleged on information and belief, and that such suit is brought in good faith, and not to injure or delay the city or contractor, or any owner of real estate abutting on the improvement. Unless the provision of this section are complied with by plaintiff or plaintiffs, such suit shall be dismissed on motion of any defendant, and in that event plaintiff or plaintiffs shall be barred and estopped to the same extent as if suit had not been brought. In any case where a suit is brought as provided for in this section then the performance of the work may be suspended at the election of either the city or the contractors until such suit shall be finally determined in the court of original jurisdiction or any appellate court to which the same may be taken by appeal or writ of error; provided, that any appeal or writ of error shall be perfected within thirty days from the adjournment of the term of court of original jurisdiction at which final judgment was rendered in sue hsuit; and, provided, that no appeal or writ of error to review the judgment of such court, may thereafter be taken or sued out by either party. SIDEWALKS. SIDEWALKS. Section 1. The Board of Commissioners shall have power in their discretion bv resolution passed by majority vote to order the construction, re-construction or repairing of sidewalks as therein provided along or upon any street, avenue, public plp^ce, alley or square, or part or section thereof, within the city or in front of any property TULSA CITY CHARTER. 57 abutting upon the same. No notice of the passage of such resolution shall be necessary. Such resolution shall in general terms describe the sidewalks to be constructed, re-constructed or repaired, material of which it is to be constructed, re-constructed or repaired, the street, avenue, alley, square or place or part of section therof along which said sidwalk is to be constructed, re-constructed or repaired. Upon the passage of such resolution it shall be the duty of the city engineer to forthwith prepare and present to the said board plans for the said side- walks, or repairs for same, detailing the nature of construction, re- construction or repair thereof, and the material or materials of which the same are to be constructed, re-constructed or repaired. If satis- factoiY the board shall approve the said plans and the same shall remain on file in the office of the city engineer. Upon the approval of the said plans the city engineer shall at once prepare and file with the board a statement containing the name or names of the owner or owners of property abutting upon the street, avenue, alley, public place or square, or part or section thereof, where sidewalks are ordered to be constructed, re-constrvicted or repaired, and a brief description of the property of each owner, which may be by lot or block number or any other description which shall be sufficient to identify the same, together with an estimate of the cost of such sidewalks or the repair of same in front of the property of each owner, exclusive of the cost of grading and excavating. Upon the filing of such statement it shall be the duty of the City Auditor or such other officer as shall be designated by the board to publish in a daily newspaper of general circulation within the City of Tulsa, a notice to the owner or owners of the property in front of which the sidewalk or sidewalks are to be constructed, re-con- structed or repaired, which notice shall briefly recite the fact that sidewalks have been ordered constructed, re-constructed or. repaired by the board, and stating the street avenue, alley, public place or square, or section or part thereof, along which the same are ordered to be con- structed, re-constructed or repaired, and that plans and specifications for such work have been adopted by the board and are on file in the office of the City Engineer, and notifying the owners of property abut- ting upon such proposed sidewalk or sidewalks to construct, re-con- struct or repair same, in accordance with such resolution and specifi- cation, within thirty days of the publication of such notice. The Board shall have power to adopt rules and resolutions for giving additional notice to theowner or owners of such property in such manner as may by such board be prescribed, or for personal notice upon property owner, but any such notice shall be in addition to and cumulative to the ad- vertisement provided for, and service of notice by such advertisement shall be deemed sufficient without further or additional notice. The owner or owners of property abutting upon the street, avenue, alley, public place or square, or part or section thereof, along which sidewalks are ordered to be constructed, re-constructed or repaired shall, v.'ithin thirty days from the publication of such notice, construct, re-constrvict or repair the said sidewalk or sidewalks in accordance with the speci- fications at his or their own cost and expense, except the cost of exca- TULfeA CITY CHARTER. vating or grading, which shall be borne by the city. If the owner or owners of any property in front of which sidewalks are ordered to be constructed, re-constructed or repaired under the terms hereof shall not within thirty days of the publication of such notice so con- struct, re-construct or repair such sidewalk or sidewalks the board shall ha^•e power by resolution, and it shall be their duty, to order the construction, re-construction or repairing by the city and cause the same to be constructed, re-constructed or repaired, either by the city or to let the work by contract under such rules and regulations as may be adopted by the board and with or without competitive bidding at the discretion of the board. Whenever the city shall have constructed, re-constructed or repaired or caused to be constructed, re-constructed or repaired, any sidewalk as herein provided, the board shall have power to assess the whole costs thereof, except the cost of excavating and grading, which shall be borne by the city, against the property abut- ting upon the street, avenue, alley, public place or square upon which such sidewalks shall have been constructed, re-constructed or repaired, and theowner or owners thereof, provided that no asses.sment shall be made against any property- or its owner or owners unless the said property shall be specially benefitted by the construction, re-construc- tion or repair of such sidewalk, nor for any sum in excess of the special benefit which shall accrue to said property and its owner or owners from the construction, re-construction or repair to the said sidewalk^ When such sidewalk is ordered to be constructed, re-constructed or repaired in front of the property of one owner subject to the terms hereof the cost of such sidewalk shall be assessed against the property and the owner thereof. Where sidewalks are ordered to be constructed, re- constructed or repaired in front of the property of more than one owner or in front of more than one lot along any street, avenue, public place, alley or square, or part or portion thereof, the costs of construc- tion, re-construction- or repair of the said sidewalk in front of the property of each owner shall be assessed against such owner and his property separate and a separate liability against such owner declared. No assessment for the costs of such sidewalks shall be made against any property or its owner until the board shall have first so declared by resolution directing notice thereof to be given to the owner or own- ers of such property. Such notice shall be given by advertising the same in a newspaper of general circulation in the City of Tulsa, for three consecutive days, and also by mailing to said owner or owners a copy of such notice by registered letter deposited in the post-office in the City of Tulsa directed to the address of such owner, if known, or if the address be not known, then to the agent or attorney of such owner or owners, if known; provided, that the letters aforesaid shall be deposited in the post-office not less than five days prior to the date stated for the hearing hereinafter mentioned, and, provided further, that the method herein prescribed for service of notice by registered letter shall be merely comulative of notice of publication above mentioned; provided, that in all cases where personal service of notice shall not be obtained the notice by publication shall be valid and binding. The TULSA CITY CHARTER. 59 notice aforesaid shall state the time of the hearing hereinafter men- tioned, and the general character of the sidewalk ordered to be constructed or repaired, the street, anevue, public place, alley or square, or part or section thereof . along which the same has been constructed, re-constructed or repaired, and that the costs of the said work is proposed to be assessed agajnst the owner or owners of property abutting thereon, and the date for the hearing. Said hearing shall not be less than one week from the time of the first publication of such notice. On the date set in the notice aforesaid and at any time thereafter before an assessment is actually levied, any person or corporation interested in any property which may be claimed to be subject to assessment for the purpose of paying the costs of such sidewalk shall be entitled to a full and fair hearing before such board as to all improvements affecting such property, or the benefit thereof of such construction, re-construction or repairing of such side- walks, or as to any liability therefor, or as to any irregularity or in- validity of the proceedings in regard to the construction, re-construc- tion or repair of such sidewalks, or any other objection thereto. Such objection shall be filed in writing, stating the nature thereof, and full opportunity shall be given to the person or corporation filing the same to produce evidence, subpoena witnesses and to appear in person or by attorney, and a full and fair hearing thereof shall be given by the board, which hearing may be adjourned from time to time without further notice. The board shall have power to inquire into and determine all facts necessary to the adjudication of the said objection and the ascertainment of such special benefits to the owners by reason of the construction, re-construction or repairing of such sidewalks, and shall make such order in each case as may be just and proper. Any objection to the regularity of the proceedings with reference to the construction, re-construction or repairing of such sidewalk or to the validity of any assessment or the determining of liability against such property or its owner shall be deemed waived, unless presented at the time and in the manner herein specified. When the hearing above mentioned has been concluded the board shall, by ordinance, assess against the owner or owners of the property and against their property abutting upon the sidewalk so constructed, reconstructed or repaired the cost of constructing, re-constructing or repairing such sidewalks in front of or along the property of each owner, and declare a personal liability against such owner or owners thereof. If it shall have been determined by the board upon such hearing that such owner or owners and their property have been benefitted in en- hanced value of such property in an amount at least equal to such cost; but, if in any case it shall have been determined upon such hearing that the property of any owner is not benefitted in en- hanced value by such construction, re-construction or repair of such sidewalk, then no assessment shall be made against the property of such owmer; but if after such hearing it shall be determined by such board that such property has been benefitted in enhanced value in any amount less than the cost of the construction, re-construction or repair- 60 TULSA CITY CHARTER. ing thereof, then the board shall assess against the said owner and his property only such amount as shall equal the benefit received by such owner and his property. The ordinance making the said assessment shall fix a lien upon the property of each owner or owners and decla(re the owner or owners thereof to be personally liable for the respective amounts which may be against them assessed, and shall state the time at which the said assessment shall bepaid, which shall not be longer than sixty days from the date of making the same. Such assessment shall bear interest from the date of making the same until paid at a rate of not to exceed eight per cent per annum. The amount assessed under the terms hereof against any property or the property owner thereof shall be secured by a lien upon such property and shall constitute a personal liability against the owner or owners thereof in favor of the City of Tulsa, and the said liability and lien may be enforced either by suit in any court of competent jurisdiction or by sale of such property of such owner or owners in the manner provided in this charter for the sale of property for other taxes. Such assessment shall include all costs and expenses of collection of same, where such costs are incurred, including reason- able attorney's fees, where such attorney's fees are incurred. In all cases where saje of any property shall be made for any payment of any assessment, in the manner provided for the sale of property for pay- ment of other taxes, such sale shall be made by the City Auditor or such other officer as may be designated by the Board of Commissioners, a deed executed by the said City Auditor or other officer as shall be designated by the Board of Commissioners, and to recite in the deed of such City Auditor or other officer as shall be designated by the board all legal prerequisites to such sale have been complied with, shall be prima facie evidence of the truth of the facts so recited, which facts shall in all courts of law and equity be pre- sumed to be true without further evidence thereof. ARTICLE :i. RECALL OF ELECTIVE OFFICERS. Section 1. The holder of an elective office may be removed at any time by the qualified voters of the City of Tulsa. The procedure to effect the removal of an incumbentof an elective office shall be as fol- lows: A petition signed by the qualified voters of said city, equal in number to at least 35 per cent of the entire vote cast for candidates for the office of Mayor on the final ballot at the last preceding general municipal election, demanding the election of a successor of the person sought to be removed, shall be filed with the City Auditor; provided, that the petition sent to the Board of Commissioners shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall TULSA CITY CHARTER. 61 make oath before an officer competent to administer oaths that the statements herein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to bethereunto subscribed. Within ten days from the date of filing such petition the City Auditor shall examine, and from the list of quali- fied voters of said city, ascertain whether or not said petition is signed by the requisite number of qualified voters, and he shall attach to said petition his certificate showing the result of said examination. If by the Auditor's certificate, the petition is shown to be insufficient it may be amended within ten days from the date of said certificate. The City Auditor shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing, the same, withaut prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient, the City Auditor shall submit the same to the Board of Commissioners without delay. 2. If the petition shall be found to be sufficient, the Board of Com- missioners shall order and fix a date for holding tlie said election, not less than thirty days nor more than forty days from the date of the Auditor's certificate to the Board of Commissioners that a suffcient petition is filed. 3. The Board of Commissioners shall make or cause to be made, publication of notice and all arrangements for holding of such election, av.d the same shall be conducted , returned and the resulL thereof de- clared in all respects as are other city elections, and a majority of all the votes which shall be cast at such election shall be necessary to elect. In the event no candidate shall receive such mapority at the first election a second election shall be r.»ld in accordance with the provisions of Article III. hereof. The successor of any oificer so re- moved shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed him- self, and imless he requests otherwise in writing tho City Auditor shall place his name on the official ballot withou; nomination. In any such removal election the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes, the incum- bent shall thereupon be deemed removed from the offive upon the qualification of his successor. In case the party who receives the high- est number of votes should fail to qualify within ten days after re- ceiving notification of election, the office shell be deemed vacant. If the incumbent receives the highest number of votes he shall continue in office ARTICLE XI. MISCELLANEOUS PROVISIONS. 1. The City of Tulsa, acting through the Board of Commissioners, 62 TULSA CITY CHARTER. shall have power to do by day labor, under municipal direction, any work which may become advisable or necessary to be done. 2. In all work done by or for the city, either by day work or by contract, eight hours shall constitute a day's work; and no employe of the city on work for the city, or employe of any contractor or sub- contractor of such work, shall be required to work longer than eight hours in any one calendar day; provided, that this section shall not apply to the fire or police department or to employes engaged in clerical work for the city; and, provided further, that this section shall not be construed to apply to any contract entered into by the city prior to the passage of this act; provided that in case of emergency, an em- ploye may be required to work longer than eight hours, but when re- quired so to work longer than eight hours such employe shall be paid for such overtime at the rate of one and one-half times the rate such employe is paid for his labor during the eight hours. 3. The personal and real property of all persons owing any taxes to the City of Tulsa is hereby made liable for all tax owing by such person, whether the same be due upon personal or real property, or upon both. 4. The Board of Commissioners shall have power to provide for taking an enumeration of the inhabitants of the city. And it shall be the duty of the Board of Commissioners by resolution to appoint a commissioner, who shall supervise such enumeration, whose compen- sation, together with all the expenses of such enumeration, shall be paid in such manner as the Board of Commissioners may provide. 5. No property of any kind, church, school or otherwise in the City of Tulsa shall be exempt from any of the special taxes and assess- ments authorized by this charter for local improvements^ 6. The fiscal year of the City of Tulsa shall begin and end at 12:00 o'clock, noon, on the first day of July in each year. 7. All bonds, contracts, or other instruments requiring the assent of the city shall be signed by the Mayor or the acting Mayor, and attested by the City Auditor, and all legal process against the city shall be served upon the Mayor, or acting Mayor. 8. In addition to the other modes of collection anywhere in this act provided, all taxes due the city may be collected by an action of debt, and liens on real estate may be foreclosed in any court having jurisdiction. The assessment rolls relating to such taxes shall be taken as prima facie evidence of the statements made therein, and the city shall have authority to become the purchaser at all sales of property for taxes due it, under judgment or otherwise. It shall be the duty of the Mayor to attend such sales, to make such purchases if they be necessary, or to empower some other person to do so on behalf of the city. 9. Before the City of Tulsa shall be liable for damages of any kind the person injured, or some one in his behalf, shall give the Mayor or City Auditor notice in writing of such injury within thirty days after the same has been received, stating specifically in such notice when, where and how the injury occurred and the extent thereof. The TULSA CITY CHARTER. 63 City of Tulsa shall never be liable on account of any damage or injury to person or property arising from or occasioned by any defect in any public street, highway or grounds, or any public work of the city, unless the specific defect causing the damage or injury shall have been actu- ally known to the Mayor or City Engineer by personal inspection for a period of at lest twenty-four hour prior to the occurrence of the injury or damage, unless the attention of the Mayor or City Engineer shall have been called thereto bj^ notice thereof in writing at least twenty-four hours prior to the occurrence of the injury or damage and proper diligence has not been used to recitfy the defect after actually known or called to the attention of the Mayor or City Engineer as aforesaid. 10. It shall not be necessary in any action, suit or proceeding in which the City of Tulsa is a party, for any bond, undertaking or security to be executed in behalf of said city, but all such action, suits, appeals, or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable as if such obligation had been duly given and executed. 11. The property, real and personal, belonging to said city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said city, in the hands of any person, be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer to any writ of gar- nishment on any account whatsoever, nor shall said city be liable to the assignee of any wages of any officer, agent or employe of said city, whether earned or unearned, upon any claim or account what- soever, and as to the city any such 'assignment shall be absolutely void. 12. Whenever, in the opinion of the Board of Commissioners, any building, fence, shed, awning or structure of any kind, or part thereof, is liable to fall down and injure persons or property, or whenever any barbed wire fence is now or shall be stretched along the street line, the Board of Commissioners may order the owner or agent of same, or occupants of the premises, to take down and remove the same within such time as it may direct; and may punish by fine and imprisonment, or either, all persons failing so to do. The Board of Commissioners shall have the additional power to remove the same at the expense of the city on account of the owner of the property, and assess the ex- penses thereof, including condemnation proceedings, as a special tax against theland, and the same may be collected as other special taxes provided for in this charter, or by suit in any court of competent jurisdiction. 1.3. The Board of Commissioners shall have full power to condemn all dangerous buildings or obstructions of any kind, and may provide regulations therefor by ordinance. 14. All writs, subpoenas, or other process issuing out of the city court, shall run in the name of the City of Tulsa, and may be executed and served by the Chief of Police or his depvxties, or policemen of said rity anywhere in. Tulsa County, Oklahoma. 64 TULSA CITY CHARTER. 15. In all cases where, by any of the provisions of this act, or by ordinances in persuance thereof, a person is required to obtain a license for any calling, occupation, business of vocation, and has, on complaint before the Municipal Court, been adjudg-ed guilty of violating any rule, regulation or ordinance of the city in relation thereto, said court, in addition to the punishment to be imposed therefor, may suspend or revoke the license so granted. 16. The term "officer" as used in this charter, shall apply only to those officers who are elected by the people, or are appointed or con- firmed by the Board of Commissioners for a fixed and definite period, and the same does not include policemen, except the Chief of Police, and does notinclude other agents or employes of said city. All city officers and employes shall enter into such bond for the faithful per- formance of their duties as the Board of Commissioners may require, by ordinance or resolution, and shall perform such other and further dities as the Board of Commissioners may from time to time pre- scribe. 17. All qualified electors of the State who shall have resided for six months immediately preceding the election within tl\e limits of said city shall have the right to vote for Mayor and all other elective officers of said city, but in all elections to determine the expenditure of money, or assumption of debt or levy special taxes, only those shall be qualified to vote who pay taxes on property in said city, such quali- fications to be ascertained by an inspection of the assessment rolls. 18. The Board of Commissioners shall have the right to remit, in whole or in part, any fine or penalty belonging to the city, which may be imposed under any ordinance or resolution passed in pursuance of this act. 19^ No lien of any kind can ever exist against the public halls, parks or public works of the City of Tulsa. All sub-contractors, ma- terial men, mechanics and laborers upon any public works of the City of Tulsa are hereby required to notify the city of all claims they may have on account of such work against the city, and when such notice has been given the city shall retain an amount from any funds due the con- tractors sufficient to satisfy all claims; provided, that such notice may be given at any time after such indebtedness becomes due and before final settlement; and, provided further, that no contractor or sub- contractor shall issue any time checks on or on account of any public works of said city. 20. The Board of Commissioners shall require good and sufficient bonds of all contractors, with at least two good and sufficient sureties, who shall be residents of the State of Oklahoma. No non-resident of the State shall ever be received as surety on any bond payable to the City of Tulsa, except such guarantee companies as may be satisfac- tory to the Board of Commissioners, and in all cases at least one of the sureties must be a resident of Tulsa County, Oklahoma. When bondsmen are not residents of Tulsa County such proof of their solvency may be required as the Board of Commissioners may deem necessary. 21. All appropriations made or set apart for the payment of any TULSA CITY CHARTER. 65 interest or sinking fund, or both, shall under no circumstances ever be diverted to any other purpose. 22. All questions arising in administering said city government, and not provided for in this act, shall be governed by the State law in such cases made and provided. 23. This act shall be deemed a public act, and judicial notice shall be taken thereof in all courts and places, without the same having been pleaded or read in evidence^ 24. The Board of Commissioners shall have the power to prohibit the working of State convicts within corporate limits of the city. 25. The Board of Commissioners shall have power to prohibit minors from going and being on the public streets and in public places in the City of Tulsa between the hours of 9 o'clock P. M. and 4 o'clock A. M. at night, without the consent of their parents or guardians. 26. The Board of Commissioners are hereby empowered and au- thorized to exempt from municipal taxation for a period of not ex- ceeding Ave j^ears, manufacturing establishments and public utilities, as an inducement to their location in the citj'. 27. All elections shall be held in the manner provided by the gen- eral election laws of the State of Oklahoma, as far as the same may be applicable, and in other respects in accordance with the provisions of this charter and the ordinances of the city made by authority hereof. It shall be the duty of the Board of Commissioners to divide the city into a convenient number of election districts or precincts, and at least five daj's before any election shall be held in the city, the Board of Commissioners shall provide for a polling place in each of such elec- tion districts or precincts, and shall give notice for not less than five days in a daily newspaper in the City of Tulsa of the selection of such polling places. 28. The judges of election shall be qualified voters in the city and the election district or precinct where they are to act, and all election boards, clerks, judges and other officers of elfection shall, as provided for in the general election laws of the State of Oklahoma, and shall perform the duties imposed by such election law; provided, that the election returns shall be madeto the Board of Commissioners of the city, and, the duties required to be performed by the County Clerk shall be performed by the City Auditor, and the duties required to be Ijerformed by the Board of County Commissioners shall be performed by the Board of Commissioners of the City of Tulsa, and the duties to be performed by the Sheriff shall be performed by the Chief of Police of the City of Tulsa; and the city officers are hereby required to perform the various duties herein provided in the State Election Laws prescribed for the county officers, in whose stead they act, sub- ject to the same penalties and provisions prescribed by said Election Laws as to such officers, all General election days shall be holidays in the city. 29. Every person elected or appointed to any office in the City of Tulsa shall, before he entei-s upon his duties, take the official oath prescribed by the State Constitution, and such additional oaths as the C6 TULSA CITY CHARTER. board of Commissioners may prescrlue to secure a fafithful performance of duty. Any officer ceasing to possess any o fthe qualifications required of him at the time of his election shall thereby vacate his office, and the same shall be filed as herein provided. 30. All rules and regulations and ordinances concerning the police and fire departments of the City of Tulsa in force when this act goes into eflfect, and which are not in conflict with this act, shall be and remain in force until altered, amended or repealed by the Board of Com- missioners; and all such rules and regulations and ordinances as may be in conflict with this act are hereby repealed. No person shall be eligible to £\ppointment, or to be appointed, or serve as a policeman, officer of police or fireman of the City of Tulsa who shall have been convicted of any offense, the punishment of which may be confine- ment in the State Penitentiary; nor shall any person be appointed who is not shown to be of good character, or who can not read and write the English language, or who does not possess ordinary physical t^trength and courage. All policemen and firemen of the City of Tulsa s-hall hold their positions during good behavior, and shall not be re- moved from same except for such cause as in the opinion of the Board of Commissioners renders them unfit to remain in the service of the city, and after written notice, giving the grounds for such discharge or removal and an opportunity to be heard on such charges or reasons. The Board of Commissioners shall have the authority to make pro- vision for the care and sustenance of policemen and firemen who have been disabled while in the active discharge of their duties in the service of the city, or who after long and continuous service have be- come, by reason of old age and infirmities, incapacitated to discharge their duties^ After January 1, 1910, all policemen and firemen who shall have served continuously for te nconsecutive years and who have not been found guilty of any charges for violation of any of the rules of said department, .shall each receive as salary the sum of $2.50 per month in addition to their regular salaries; for fifteen years of such service, $5 per month in addition to their regular salaries; for twenty years of such service. $7.50 per month in addition to their regular salaries; for twenty-five years of such service, $10 per month in addi- tion to their regular salaries. 32. It shall be the duty of the Mayor, as soon as this act shall take effect, to order an election on the sixth Tuesday after this charter takes effect, at which election a Mayor, City Auditor and four Com- missioners shall be elected at large in the City of Tulsa. If for any rea- ion the Mayor shall fail to make such call for said election within ten flays after this act becomes a law, then it shall be the duty of the County Judge of Tulsa County to issue said call for said election and to rive twenty days' notice thereof. Said election shallbe held according to the laws of the State of Oklahoma applicable thereto, except where the same may be in conflict with the provisions of this charter. Tlie judges and clerks of said election shall be qualified voters of the City of Tulsa, and shall recei\'e such compensation and perform such duties TULSA CITY CHARTER. as may be provided by law and ordinances of the City of Tulsa. In case such judges so appointed fails or refuses to act, or in case no judge of election appears to open the polls the attending qualified voters shall appoint such officers, who shall have the same powers and perfor mall the duties of presiding judges of election. But in such cases such judges shall, in their return, certify that the judges of election acting as such, were duly elected by the electors present, naming at least three such qualified electors present and voting. The Mayor, City Auditor and four Commissioners elected at said election, as provided herein, shall hold their respective offices, perform their duties and receive their pay until the first Tuesday in April, A. D. 1910, and until their successors are elected and qualified. There shall be held on the first Tuesday in April, A. D. 1910, and every two years thereafter, unless otherwise provided by law, a regllar election for a Mayor, City Auditor and four Commissioners, who shall perform their duties and discharge the obligations conferred upon them by this act and who shall retain their offices for two years and until their successors are elected and qualified. 33. It shall be unlawful for any person to incumber or obstruct any street, highway or grounds of the City of Tulsa with any posts, boxes, lumber, fences or with anything else. Any person violating the provisions of this sectioTi shall be subject to a fine in any sum in the Municipal Court, not exceeding two hundred dollars, and each and every day that any obstruction shall exist shall constitute a separate and distinct offense. 34. No officer or employe of the City of Tulsa shall ever accept, directly or indirectly, and gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise, privi- lege or easement from said city, during the term of office of such officer, or during employment of such employe, except as may be authorized by law or ordinance. Any officer or employe of the city who shall A'iolate the provisions of this section shall be adjudged guilty of a misdemeanor and shall be imprisoned in the county jail not less than three months nor more than twelve months, or shall be fined not less than five hundred dollars nor more than one thousand dollers, or may be punished with both such fine and imprisonment, and shall be sub- ject to removal from office. 3.5. No contract shall be entered into by the Board of Commis- sioners until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts shall be made upon specifications, and no contract shall be binding upon the city unless it has been signed by the Mayor and countersigned by the Auditor, and the expense thereof charged to the proper appropriation; and whenever the contract charged to any appropriation ecjuals the amount of .said appropriation, no further contracts shall be counter- signed by the auditor^ All contracts of whatever character, pertaining to public improve- 68 TULSA CITY CHARTER. ments, or the maintenance of public property of said city, involving- an outlay of as much as five hundred ($500) dollars, shall be based upon specifications to be prepared and submitted to and approved by the Board of Commissioners; and after approval bj^ the Board of Commissioners, advertisement for the proposed work, or matter embraced in said proposed contract, shall be made, inviting competitive bids for the work proposed to be done,which said advertisement shall be publisher in a daily newspaper not less than five times. All bids submitted shall be sealed, shall be opened by the Mayor in the presence of a majority of the Board of Commissioners, and shall remain on file in the office of the City Auditor and be open to public inspection for at least forty- eight hours before any award of said work is made to any competitive bidder. The Board of Commissioners shall determine the most advantageous bid for the city, and shall enter into contract with the party submitting the lowest secure bid; and if, in the opinion of the Board of Commis- sioners, none of said bids are satisfactory, then the Board of Commis- sioners may have the said work done by day labor, and a detailed statement of all such work done by day labor, showing the cost of same, shall be filed with the Board of Commissioners. Pending the adver- tisement of the work or contract proposed, specifications therefor shall be on file in the office of the City Auditor, subject to the inspection of all pai-ties desiring to bid. 36. In addition to all powers elsewhere granted in this charter, the (l-ity of Tulsa shall have power to prohibit the erection, construction and maintenance of oil houses, where oil is stored, or oil yards in any portion of the city, and to prohibit the erection of such' oil houses or oil yards where oil is stored within certain distances of the main lines of any railroad, and to prohibit the erection and location of oil houses and the storing of same in any pai't of the residence district of the city, and to authorize the inspection of all such oil houses and oil yards; and to require the building or construction of oil houses out of fire-proof material. To require the construction of suitable fire- escapes on or in hotels, lodging houses or other buildings, whether now built or hereafter to be built; to regulate the construction of all passen- ger or freight elevators used in buildings, and to provide fortheir in- spection, and to pass all suitable laws necessary for the safety and protection of life or property in the use of such elevators; to regulate and prohibit the construction of livery stables or blacksmith shops in the residence portion of the City of Tulsa; to prohibit the erection or construction of any building or structure of any kind within the City of Tulsa without a permit first having been issued by the city for the construction or erection of such building or structure, and to au- thorized a fe« to be charged for such permit; to authorize the inspection by the city of all buildings or structures during the progress of their construction, to require that all buildings shall be constructed in con- TULSA CITY CHARTER. 69 formity to the building regulations which maj^ exist in said city, or which shall hereafter be passed. 37. The Board of Commissioners shall have power to summon and compel the attendance of witnesses, and the production of books and papers before them whenever it may be necessary for the more ef- fective discharge of their duties. All process shal Ibe signed by the Mayor and attested by the City Auditor, and shall be served by the Chief of Police or any police officer of the said city. 38^ In the event any part, article, section or subdivision of this act shall be held to be unconstitutional or invalid for any reason, such jiolding shall not be construed to invalidate or impair the remainder of the act, but the same shall continue in full force and effect notwith- standing such holding. 39. Whenever any power, authority or right is conferred herein upon the City of Tulsa, or upon the Board of Commissioners, and pro- visions are incorporated herein for the exercise thereof in different ways, each of such provisions shall be held and construed to be cumulative of the other referring to the same subject, and in such cases the Board of Commissioners shall be empovvei'ed to use its own discretion with respect to which of such powers it shall exercise. 40. All elections for the approval or rejection of bond issues, the granting of franchises and the levying of special taxes, wherein such matters shall be submitted to a vote of the taxpayers of the city, shall be held at a general or special election in said City of Tulsa, and the elections held to elect members of the Board of Commissioners shall be the only elections in said City which shall be denominated general elections. 41. Within six months after the taking effevt of this charter, the Board of Commissioners shall make a settlement with the School Board of the School District of Tulsa, and shal Ipay over to the treasurer of said board any and all funds belonging to said school district, remain- ing in the hands, or under control of the Board of Commissioners of the City of Tulsa; and shall make, execute and deliver to the said school board, a deed, or deeds, of any and all school property, belonging to the said school district, which may now be in the name of the City of Tulsa; upon the school board assuming and agreeing to pay any and all outstanding indebtedness which has been incurred for and in behalf of the said school district, together with all bonds issued for the pur- pose of building school buildings or purchasing land therefor; and said board of Commissioners are hereby authorized to make any and all settlements with the said school board in regard to said property 70 TULSA CITY CHARTER. or in regard to said indebtedness which may be necessary. The Board of Commissioners shall establish by ordinance, a schedule of fees for services to be performed by the city officials, agents and employes, and all such fees, when collected, shall be paid into the city treasury, and no part thereof be retained by the officials, agents or employes of the city. 42. Upon the taking effect of this charter by the approval thereof by the Governor of the State of Oklahoma, all the duties and powers conferred upon the Mayor in this charter shall be devolved upon and be performed by the present Mayor of the City of Tulsa, until the Mayor, as provided for in this charter, is elected and qualified; and all the duties and powers conferred upon the members of the Board of Commissioners under this charter, shall be performed by the present members of the City Council of the City of Tulsa, until the election of a Board of Commissioners as herein provided, except as hereinafter provided as follows: That all the duties and powers conferred upon the City Auditor shall be conferred upon and be performed by the present city clerk of the City of Tulsa, and all the powers and duties conferred herein upon the City Auditor shall be performed by the city clerk until a City Auditor is elected and shall qualify as herein provided; and all of the duties and powers conferred upon the commissioner of finance and revenue shall be performed by the city collector and the city assessor, as the said offices are now filled in the City of Tulsa, until the Board of Commissioners are elected and shall qualify under this charter. Provived further, that all of the duties devolving upon the Commis- sioner of Police and Fire Department shall be performed by the Chief of Police, who shall have jurisdiction over the police department for the city, and by the chief of the fire department, who shall have jurisdic- tion over the fire department of the City of Tulsa until the Board of Commissioners are elected and qualified under this charter. Provided, further, that the duties devolving upon the municipal judge under this charter shall be performed by the present police judge until the Board of Commissioners are elected and shall qualify as provided for in this charter, and until his successor is appointed and shall qualify, and provided that the present City Attorney of the City of Tulsa shall do and perform all the duties of the City Attorney under this charter, until a Board of Commissioners are elected and shall qualify, as pro- vided herein, and until his successor shall be appointed and shall 4ualify; provided, further, that all other officers shall hold office until the election of a Board of Commissioners under this charter, and until their successors are elected or appointed and shall qualify. CERTIFICATE. We, the undersigned, being more than a majority of the Board of Freeholders, elected at a duly and legally called election, held in and for the City of Tulsa, on the fourth day of February, 1908, said election being called for the purpose of electing two freeholders from each ward in the City of Tulsa for the purpose of framing a charter for the City of Tulsa TULSA CITY CHARTER. 71 to be submitted to the voters of the said City of Tulsa, do hereby certify that the within and foregoing is the original charter, adopted by us, to be submitted to the people of the City of Tulsa for approval, and that all interlineations therein contained, and all the erasures and words stricken out, were made and done before the same was signed by the President and Secretary of said Board of Freeholders and by the mem- bers thereof. IN WITNESS WHEREOF, we have hereunto executed the foregoing charter in duplicate this 30th day of April, 1908. JOHN B. MESERVE, President and Member from Fourth Ward. L. J. MARTIN, Secretary and Member from Fourth Ward. JOHN H. MYERS, Member of the Board — First Ward. JAMES H. THOMAS. Member of the Board — First Ward. ALFRED M. KRUG, Member of the Board — Second Ward. JAMES' McCANN, Member of the Board — Third Ward. Filed with W. E.. Rhode, Mayor of Tulsa, Oklahoma, May 2nd. 1908. W. E. ROHDE. .1 4 2 11 2 9 2 19 2 16 2 7 2 36 2 20 2 9 2 11 3 16 2 5 2 4 INDEX TULSA CITY CHARTER Article. Section. Additional Territory— how added Alleys — Re-opened — no expense to city Animals— City may restrain. Sell, Destroy When Pol. Dept. Cruelty to, Prohibited Pol. Dept. Driving Into or Through City Pol. Dept. Dead — no burial in City limits Helth Dept. In City — keeping may be prohibited Pol. Dept. Left unhitched in street— pvmishment Pol. Dept. Slaughter of in City — may be prohibited Health Dept. Slaughter of — City, Inspection, Regulation Health Dept. Appropriations — Limitation on Arkansas River — Protection of water and water shed, etc. Health Dept. Ashes, Trash, Filth, etc. — Removal of Fire Dept. Auditor, City — Acts as Secretary Board of Commissioners, Duties 4 4 Duties, Salary, Bond 4 4 Qualifications 3 5 Vacancy, how filled, salary 3 24 When elected, term, etc 4 3 Auctioneers, Etc. — May regulate, etc Pol. Dept. 2 12 Automobiles, Motor Cars, Etc. — May regulate, use, speed, lighting, nuinbering; must have permit Pol. Dept. 2 30 Awnings, Porches, Etc. — May remove, etc Mun. Serv. 2 4 Bakers — May regulate, weight, quality and price of bread. Pol. Dept. 2 8 Barns — Livery — Regulation, location, etc 11 36 Bawdy Houses, etc. — Prohibition, segregation, etc.__Pol. Dept. 2 4 Basements, Stairways, etc. — May regulate Mun. Serv. 2 12 Beggars, Diseased Persons, etc. — On streets, may prohibit Pol. Dept. 2 13 Bells, Whistles and Noises— May prohibit Pol. Dept. 2 12 Births, Deaths, etc. — Registration, regulations Health Dept. 2 2 Blacksmith Shop— May control, etc Health Dept. 2-11 10-36 Bonds — May create sinking fund Revenue 2 4 Cost — Appeal — City not required to give 11 10 Tax levy to pay — City to make 3 19 Bond — Auditor to give 4 4 Bond of Commissioners to give . 3 10 City Treasurer to give 3 10 Mayor to give — amount 3 10 Brewery — City may control, etc Health Dept. 2 10 Bridges — City may build, etc ■ Mun. Serv. 2 4 Boundaries — City — Defined 1 2 Buildings— May destroy or remove when Health Dept. 2 3 Condition — may regulate and inspect Pol. Dept. 2 32 Doors, Windows, Stairways — May regulate, when Fire Dept. 2 5 Article. Section. Fences, etc., may tear clown, remove, when, cost, lien, penalty, etc. 11 12 Inspection — Authority to make Fire Dept. 2 8 Permit for may require 11 36 Scuttles in Roof — Sairs — Ladders — May require-Fire Dept. 2 7 Unsafe condition — City power over Fire Dept. 2 4 Burial Grounds, Cemeteries, Etc. — May regulate — May prohibit when — may condemn, close and remove bodies — Cost — Who to pay Health Dept. 2 1 May acquire land for, how — Platting — Sale — Conveyance of lots — Title vested— What— Control Health Dept. 2 1 Burial, Dead — City may regulate Health Dept. 2 2 Butchers — May license, regulate, etc Health Dept. 2 9 Board of Commissioners — Article 3. Board of Commissioners — City powers exercised by — except-- 3 1 Action affecting department of absent members 3 14 AdoiJtion of what ordinances — Limitation 3 11 Adoption of rules of procedure, etc., to be judge of elc- tion and qualifications of members^Mayor andother officers — May recount votes and correct same, when — 3 22 Appi'opriations— Amount — When made — Contingent — Es- timate — When malfeasance to make 3 16 Board of Appeals and Equalization 4 8 Books, Witnesses, etc. — May compel production of when process, etc. 11 37 Charter powers — Subject to what 3 25 Confirm appointments 3 6 Control City's finances 3 19 Debts — Power to fund and refund — How 3 20 General control of City Departments 3 13 How composed — Chosen how — Devote entire time 3 1 May punish for contempt,, when 3 22 May provide for necessary officers, employes, etc., fix pay of, etc., how 4 7 Meetings — When and where held — Special — Call foi- — Quorum — Majority of quorum, when sufficient 3 14 Members not to be employed by whom 3 21 Members not to be interested in what contracts, penalty — 3 21 Members not-to become surety for whom 3 21 Members — Qualifications. 3 5 Members — Assignments — When — May be transferred — Responsible for what— Salary 3 8 Member — Audit is his accounts — Failure of — Action by Board 3 9 Member to give bond — Amount 3 10 Sessions to be public 3 14 Tax levy — General, when made — Special, when made 3 17 Tax levy to pay bonds and indebtedness 3 19 Vacancy in— How filled 3 24 When elected — How designated and voted for 3 2 Breaches of peace, assaults, etc., may prevent Pol. Dept. 2 16 Citj' — General Power of — Article IL — Body politic 2 1 Departments of — Commissioner of Finance and Revenue — Powers, duties, etc. 3 8 Police and Fire Department — Powers, duties, etc 3 S Streets and Public Property — Powers, duties, etc 3 8 Water Works and Sewers — Powers, duties, etc 3 8 May contract, sue. etc.; hold land, etc.; may sell same 2 1 Property for public use — May condemn 2 1 Article. Section. Property — Vester right.s, etc. — Not affected by Charter___ 2 3 Public service — May perform 2 1 Census — City may take — Commissioner of — Appointment 11 4 Charter — When no charter provision — What law governs 11 22 Powers conferred — Cumulative when — Exesice of, how 11 39 Until Charter election — Powers conferred on whom 11 42 Void provisions — How affects 11 38 Chairties — CommissiOin of — Members of how appointed Health Dept. 2 16 Chimneys, Stoves, etc.^Dangers from — Prevented how Pol. Dpt. 2 29 Closets, Sanitary, Public — May be provided Mun. Dept. 2 10 Cocaine, Opium, Morphine, etc. — Sale of same Pol. Dept. 2 22 Condemnation — Lands — How mad e Mun. Serv. 2 3 Contageous Disease — Regulations — Where enforced — Terri- tory Health Dept. 2 4 Coal — May inspect and weigh Health Dept. 2 11 Contracts — Execution by City; how 11 7 City — Made when only — Appropriation — Limit 11 3.5 City— For over $500; how let; bids 11 3.5 City officers must not be interested in 3 21 Contractors — Bonds, securities, qualification 11 20 Convicts — State, not to be employed in City 11 24 Daries — Inspection of Health Dept. 2 S Dairy products — Sale regulated — May provide penalty Health Dept. 2 8 Damages — Injuries, defects, natice, liability City 11 9 Change of street grade; when 9 3 For public Use; how ascertained Mun. Serv. 2 11 Day — What is; hours; exception 11 2 Dead— Burial of Health Dept. 2 2 Deaths — Reports of by whom Health Dept. 2 2 Distillery — City may control, etc Health Dept. 2 10 Dogs — May tax, restrain, destroy Health Dept. 2 10 Dram Shops — Prohibited Pol. Dept. 2 3 Dance Houses — City control over Pol. Dept. 2 2 Drinking — Places prohibited; what Pol. Dept. 2 3 Departments — ^Heads of — Reports; to whom, when made 3 16 Electors — Who are; qualifications 11 17 Elections — What are general 11 40 Bond, special tax, etc.; held when 11 40 Candidates — Names on ballot; how; Auditor 3 2 First under Charter; when held; call; notice 11 32 How governed; what laws 3 4 How held; general; law; Charter 11 27 Independent Candidates; how placed on ballot 3 3 Judges, clerks, duties — Auditor, duties — Board of Com- missioners, duties — Chief of Police, duties— Day gen- eral holiday 11 28 Majority vote necessary; failure to elect; proceedings; second election 3 2 Mayor and other officers; when held : 3 2 Primary; how held 3 3 Tie vote second election; how decided 3 2 Who candidates at second election 3 2 Electric Lighting — • City may own plant, etc Mun. Serv. 2 1 City may grant right to erect; time of, etc Mun. Serv. 2 14 City may regulate charges Franchise 2 19 Employes — City — Salary; how Hxed; exception 3 13 Engineers — City may prescribe qualifications, rules, etc Pol. Dept. 2 31 Article. Section. Engines — Use of bells, whistles, etc.; may regulate, etc Pol. Dept. 2 14 Extortion — May be punished Pol. Dept. 2 6 Locomotive — Speed regulation Pol.. Dept. 2 14 Explosives — Combustibles, etc., storage, etc., may rsgulate ' Fire Dept. 2 1 Exemption — Taxes; manufacturing; establishments; time of_ll 26 Factories, etc. — Location; may regulate, etc Fire Dept. 2 2 Fees — Officers and employes; fixed how^ 11 41 Fines — Penalties; how remitted; by whom 11 18 Finances — City; controlled by whom; special funds 3 19 Fireworks, etc. — Maj' prohibit or regulate Pol. Dept. 2 11 Arms and weapons — may regulate; punishment_Pol. Dept. 2 26 Companies — May organize, etc., and pay Fire Dept. 2 2 Department — May establish Fire Dept. 2 1 Engines and apparatus; city may procure. Fire Dept. 2 2 Escapes — May require when Fire Dept. 11-2 36-6 Limits — Buildings in; may prescribe materials, etc Fire Dept. 2 1 Limits — Buildings damages, dilapidated, etc., may re- move Fire Dept. 2 6 Limits — May prescribe Fire Dept. 2 1 Firemen — Who, eligible; disqualifications 11 30 Disabled — City may care for when 11 31 Tenure of office; removal, how; charges, hearing 11 30 When service entitles to increase of pay 11 31 Filthy Substances — Not to be buried where Health Dept. 2 7 Fish, Flour, Food, Drinks, etc. — Regulation; inspection Heealth Dept.2 11 Fruit — Sale of; may regulate Health Dept. 2 9 Fuel — City may inspect and measure Health Dept. 2 11 Franchises — City may grant; for what; limitation Franch. 2 1-2 Bonus; amount; how fixed; when paid Franch. 2 -5 Bonus — Payments of; lien created; forfeiture of 7 6 City may not grant exclusive; right to regulate Mun. Serv. 2 14 Cit5^ may regulate charges, rates, etc Franch. 2 6 Election; general; special; notice Franch. 2 4 Gross receipts; how determined; city may terminate Franch. 2 .5 Garnishment— City not liable to 11 11 Holders; hearing; notice, etc Franch. 2 6 Holders production of books, stocks, bonds; when con- sidered Franch. 2 6 Holders — Failure to maintain streets, make repairs, etc., or perform duty; written notice to; forfeiture; pen- alty, etc. 7 .5 Xo forfeiture clause; effect; implied by Charter 7 6 Not exclusive; not extended when; limitation Franch. 2 3 Xot granted or renewed; except; time limit Franch. 2 4 Option to city to buy property; when; vote; notice_Franch. 2 8 Ordinances granting; terms; subject to Charter pro- visions Franch. 2 9 Public utility; City may condemn property; shall not pay for franchise Pub. Serv. 2 1 Valuation of property; arbitration; bond of Commis- sioners Franch. 2 8 Street Railway; terms and conditions; cars of other companies; right to use of track; terms; conditions Franch. 2 10 Voters may petition for granting of; election, notice Article. Section. Franch. 2 8 Voters may petition; how; election; notice Franch. 2 4 Gambling^Houses — City may suppress; penalty Pol. Dept. 2 7 Gas — City may inspect and measure Health Dept. 2 11 And Electric Light Works — May grant right to erect; time, etc. , Mun. Serv. 2 14 Companies — City may regulate charges Pol. Dept. 2 7 Plant — City may construct, own and operate, etc Mun. Serv. 2 1 Tanks and reservoirs — City may regulate. etc_Health Dept. 2 12 Glue Factories, etc. — City may regulate, etc Health Dept. 2 12 Guagers — City may appoint Health Dept. 2 11 Grades — Street — City may establish, change, etc 9 3 Hay — City may inspect and weigh Health Dept. 2 11 Health — Public, General — May make regulations_Health Dept. 2 3 Health — Board of — To be created Health Dept. 2 15 Bond of; members; how chosen Health Dept. 2 15 Power to protect 2 2 Hospitals — Private — May prohibit, regulate, etc Mun. Serv. 2 3 Public — City may provide Mun. Serv. 2 3 Hide Houses — City may control etc Health Dept. 2 10-12 Horse Racing — Fast driving, etc., prohibited Pol. Dept. 2 18 Hotels, etc. — May regulate Pol. Dept. 2 6 House of Correction — May establish Pol. Dept. 2 33 Holiday— Election day; legal Pol. Dept. 11 28 Improvements — Local — No property exempt from assess- ments for 11 5 Indebtedness — Sinking fund to be created 3 16 City may fund or refund same; interest rate; may re- tire bonds 3 20 May borrow money for street improvements 9 12 Sinking funds— Must not be diverted 11 21 Interest — Funds — Must not be diverted 11 21 Initiative and Referendum — Charter powers of Board of Com- missioners subject to 3 25 Indebtedness — Limitation of; how incurred Revenue 2 2 Interest — Board of Commissioners to provide for pay- ment of 3 16 Inspectors — City may appoint Health Dept. 2 11 Inspection — Power over premises; penalties Health Dept. 2 13 power over persons Mun. Serv. 2 3 Ice — May inspect and weigh Health Dept. 2 11 Judgments — Tax levy to pay; when Revenue 2 4 Judge — Municipal Court; appointment 4 2 Municipal Court; qualiflcations, pay, etc 4 5 Jurisdiction — Territorial; City Health Dept. 2 14 Police; where extends Mun. Serv. 2 3 Libraries — Public — May provide; annual appropriation for Libraries — Public — May provide; annual App. for Mun. Serv2 8 Life — Power to protect ' Health Dept. 2 2 Licenses — City — Not assignable; except Pol. Dept. 2 23 Liens — Mechanics, etc.; none against City 11 19 Tax — see Taxes — public improvements, etc. Labor — Day — Length of; except; pay for overtime 11 2 Lotteries, Drawings, etc. — May prohibit Pol. Dept. 2 7 Lumber — Building materials, etc; storage, etc Fire Dept. 2 1 Yards, etc; regulated, etc 2 32 License — When may be revoked 11 15 Mayor — How chosen; conservator of the peace, etc 3 1 Attend tax sale, or delegate agent 16 IS Article. Section. Chief executive; powers, duties; make .nominations; no vote when 3 6 Ex-officio President of Board of Commissioners; has power of member, ex 3 1 Must not be interested in City contracts, nor become surety for contractor 3 21 Not to be in employ of franchise-holder; penalty 3 21 Recommendations; annual budget; when submitted 3 15 Report of Board of Commissioners; when; recommenda- tions by 3 16 Salary 3 6 To appoint judges of Mun. Court and City Att'y; when 4 2 To appoint City Treasurer; when 4 7 To appoint Park Board 5 1 To give bond; amount 3 10 To order election when 11 32 To sign ordinances, etc.; veto; effect of; failure to sign and return; effect ^ 3 12 Vacancy; election when; notice; no election when 3 7 When first elected; when thereafter 3 2 Mayor Pro Tem. Elected, how, when; powers and duties 3 6 Performs Mayor's duties; when; compensation 3 7 Manufacturing Concerns — Not pollute waters of Arkansas River Health Dept. 2 5 City may exempt from taxes ^ 11 26 Markets — May operate, own, etc ^ Mun. Serv. 2 9 Meat — Fresh; inspection; regulation of sale of Health Dept. 2 9-11 Milk Cows — Milk; may inspect Pol. Dept. 2 8 Minors — May be kgpt off streets; when 11 25 Municipal Property — City may acquire; how; sell same, etc. Mun. Serv. 2 2 Nuisance — City may abate 2 2 Buildings — City may declare when; abatement_Fire Dept. 2 1 City may define, abate, punish for Pol. Dept. 2 28 May abate Mun. Serv. 2 3 Occupations — May license, tax and regulate Pol. Dept. 2 23 May require bond Pol. Dept. 2 23 Officers— Term defined; bond 6 18 By whom nominated; confirmation Pol. Dept. 3 6 City Attorney — Cannot be discharged 3 13 City Attorney — Vacancy; how filled; salary 3 24 City Attorney — When nominated; how confirmed, duties, etc. 4 1 Clerk Municipal Court — Deputies; salary; duties 4 2 Elective — City Attorney, Judge — How removed 4 6 Judge Municipal Court — Cannot be discharged 3 13 Judge Municipal Court — How filled; salary 3 24 Judge Municipal Court — Appointment; term; salary 4 2-5 Judge Municipal Court — Qualification; salary 4 2-5 Mayor to nominate when; failure to co.nfirm may make temporary appointment; new nomination 3 13 Not to be employed by franchise holders; penalty 3 21 Not to accept gifts, etc.; when; penalty 11 29 Not to be interested in City contracts 3 21 Not to become surety for contractors 3 21 Treasurer — How, when appointed; bond; duties; state- ment; when, to whom rendered; salarj- 4 7 Offices — Vacated when; oath 11 29 City may create, abolish, etc Mun. Serv. 2 15 City may create, fix salaries, terms, etc. 3 13 Ordinances — Must conform; to what law 2 2 Adoption of; approval; veto; effect; procedure 3 12 Article. Sectior.. In force when Charter approved; haw affected 8 5 In force when Charter approved; validity 8 6 May be codified; when 8 3 Passage; votes necessary 3 14 Passed how; enrollment; comi^ared; corrected; pub-. . lished; how S 1-4 Printed boolvs; how are then treated; title 8 1 Revised; digested; printed in book; need not be pub- lished :„ 8 1 Resolutions, etc. — Adoption of; take effect when 3 12 Style of; caption 8 2 Veto, appropriations; veto of items; passed over veto; when 3 12 Veto; when can be considered 3 12 Oaths — Who may administer 3 23 Parks, etc. — City may regulate, etc Mun. Serv. 2 3 Park Board — How composed; when appointed 5 1 Funds — Where deposited; how paid out 5 2 Guards — Comp., Removal, etc 5 5 Members — Qualifications; no compemsation 5 5 Property — How acquired; jurisdiction 5 1 Rules and Reg. — May adopt; Prest. of Board; reports 5 3 Tax levy for Parks, etc 5 4 Platting Property __ 1 3 Pawnbrokers, et. al. — May regulate and licen.'^e Pol. Dept. 2 25 Poll Tax— Levy; list Rev. 2 5 Powers of City — Limitations 2 2 Police Department Sub. Div. 2 3 Policemen — Duties, conduct, etc Pol. Dept. 2 1 Police and Fire Commissioner^owers, duties 3 S Department — Ordinances not repealed 11 30 Policemen — Who eligible; disqualification; tenure; removal__ll 30 Disabled; City may care for; increased pay; when 11 31 Poles — Telephone, telegraph, electric light, regulation; may compel laying of wires under ground 7-2 4-32 Prison — City to provide Pol. Dept. 2 27-33 Prize Fighting and Cock Fighting prohibited Pol. Dept. 2 25 Process — Writs; runs, how; served, how 11 14 Private Ways — May be closed Mun. Serv. 2 4 Privies, Sinks, etc. — To.be kept clean Health Dept. 2 6 City to clean; charge Health Dept. 2 12 Provisions — Sale; inspection Health Dept. 2 11 Public Peace — Breaches of, etc., punished for Pol. Dept. 2 " 16 . Amusements — May regulate, etc Pol. Dept. 2 2 Buildings, etc under Charter 2 3 Buildirgs, Grounds and Improvements — City may pro- vide Mun. Serv. 2 3 Gi'ound.s — May establish, regulate, etc Pol. Dept. 2 9 Indecencies — May prevent; punisli Pol. Dept. 2 2 Property — Exempt from levy for debt 11 11 Property — City may own land, etc.; may condemn 2 1 Property — May condemn, outside or inside City. Mun. Serv. 2 3 Property — Power to protect . 2 2 Property — Suits, rights, contracts, etc.; no change by Charter 2 3 Service Concern.s — City may regulate charges, tolls, etc. Fran. 2 J9 Service — Concerns to make reports Fran. 2 6 Service — May demand competent service Mun. Serv. 2 1 Service or Enterprise — City may engage in Mun. Serv. 2 1 Service Concerns — May use each other's tracks, polls, etc.; rental fixed, how Fran. 2 20 Ai-ticle. Section. Service — City may order 2 1 Utilities — City may condemn and acquire, how.Mun. Serv. 2 1 Property — Private — Liable for taxes, how 11 3 City may appropriate, how; compensation, by whom paid, how paid, etc. 7 3 Quarantine — Jurisdiction, territory Health Dept. 2 14 Quorum — What is 3 14 Rates — Transportation; may establish Pol. Dept. 2 6 Charges, etc., by franchise holders; City may make Franch. 2 6 Water Works, service, whem- fixed Mun. Serv. 2 3 Railroad Tracks — Abandoned; removed, when Pol. Dept. 2 17 Gates and Flagmen — Street crossings Pol. Dept. 2 34 Engines, Cars, Depots, Grounds — City may regulate. __ Pol. Dept. 2 34 Interurban — grant by Ordinamce; vote Franch. 2 13 Interurban — May grant use of streets to Franch. 2 12 Interurban — Ordinance, condition, etc Franch. 2 14 Interurban; defined Franch. 2 11 Interurban — Which Charter provisions apply Franch. 2 15 Steam, Electric, Interurban — Control;, duties; when may occupy improved street 2 17 Steam — May use streets, etc. ; conditions, limitations.. Franch. 2 16 Street and Interurban — Service required; fare; rate of 2 18 Reformatory — May be established Pol. Dept. 2 33 Rendering Establishments — May regulate Health Dept. 2 12 Revenue — May levy taxes; limit of taxation 2 , 1 Recall — Officers — May be removed, how: procedure 10 1 Petition signers; Auditor's duties 10 1 Election — Ordered, when, by whom 10 2 Notice; conducted how; majority necessary 10 3 Second — "\\hen; who may be candidates; incumbent fail- ia-g in election, removed 10 3 Salaries — City may fix, when Mun. Serv. 2 15 Sewers — Public and Private — How constructed; tax levy 7 2 Public — Not constructed on private property; when 7 2 Sub-Contractors, etc. — Must give notice to City when 11 19 School Property — Disposition of, how 11 41 Sinking Fund Rev. 2 3-4 Sinking Fund— Must not be diverted 11 21 Shows, etc. — May regulate Pol. Dept. z 24 Slaughter Huu.'^es— May be licensed, etc Health Dept. 2 9-10-12 Soap, Tallow, etc., Plants — Control same Health Dept. 2 10-12 Steam Engines and Boilers — May regulate, etc Pol. Dept. 2 31 Sunday Desecration — May prevent Pol. Dept. 2 4 Streets and Sidewalks — Used for building materials, etc. Mun. Serv. 2 ^ 1 Streets — Grades — May compel change of Mun. Serv. 2 6 Sidewalks — Excavatioirs in; deposit required — Mun. Serv. 2 5 Street Sar System — City may own, etc Mun. S'erv. 2 1 Sewer System — May own, etc Mun. Serv. 2 1 Streets — Maj^ grade, improve, vacate, close, sprinkle, sweep. keep clear of poles, obstructions, etc Mun. Serw 2 4 And Alleys Vacated — Land reverts, how Mun. Serv. 2 11 And Public Pro]>erty — Commissioner of 3 8 Cannot use without franchise; damages for 7 1 Grant to public use; damages, ascertained how_Mun. Serv. 2 11 Inalienable, etc., except Franch. 2 17 Laying of sewers, pipes; regulation Mun. Serv. 2 7 Lighting — May regulate, etc Mun. Serv. 2 14 Article. Section. Paving — Railways to pave, how?, etc Franch. 2 17 And sidewalk improvements — Article IX. Improvements — Resolution; how adopted; contains what. 9 1 Improvements — City Engineer; duties; specifications 9 1 Improvements — Contractor; bond, surety, time of mainte- nance 9 1 Improvements — Grade — Change of Compensation for dam- ages, when 9 3 Improvement — By whom paid; City may pay part, rail- ways, street railways, etc.; lien; how enforced; deed 9 4 Improvement — Street Crossings — Railways to pay for, when 9 4 Improvement — Contract; how let; advertisement; bids, etc.; bond 9 5 Improvement — Cost; how apportioned; lien 9 6 Improvement — Unplatted property; cost; how assessed-- 9 6 Improvement — Cost; front foot rule; not used when 9 6 Improvement — Cost; deferred paymeints; interest rate 9 6 Improvement — Engineer's duty, estimate, etc.; notice; hearing; cost assessed, when; lien; how paid; time; lien, released, how 9 7 Improvement — Property not assessible; how made; when not made 9 8 Improvement — Assessment irregular; may re-assess 9 9 Improvement — Petition for by owners; cost; procedure-- 9 10 Improvement — Cost; City may pay part, when 9 11 Improvement — Cost; when taxed against abutting prop- erty, city no liable 9 11 Improvement — Cost; lien; contractor; special tax bill for cost; how issued 9 11 Improvement— Contracts prior to Charter not affected; carried out, how 9 13 Improvement — Selling property under lien; error; cor- rected, how 9 13 Improvements — Suit to enforce lien; who joined 9 13 Improvement — Cost; assessment of; contest; proceedings; suit filed, when; appeal, when, etc 9 14 Unlawful to encumber; penalty 11 33 Sidewalks — Improvement — By whom paid; lien — Mun. Serv. 9-2 2-4 Kept clean, etc.; whose expense Mun. Serv. 2 12 Improvement — How ordered; m'aterials, etc., plans, cost assessed; Engineer's duties; Auditor's duties 9 1 Improvement — Cost, grading, by whom paid 9 1 Improvement — Time to build; failure of owner; proceed- ings; special benefits; assessment; hearing; notice; lienv etc. 9 1 Improvement — Sale of property; deed; evidence 9 1 Statements — Fiscal; when made; published 3 9 Taxatiqn — City may assess and levy tax; limit 2 1 Building — -Public — rate, vote, limit increased, how 2 1 Taxes — General; when levied; special, when levied 3 17 And Assessments — Validated 6 20 Assessment and Collection — Power of Board of Com's 6 15 Assessments — Irregular, complaints; when heard; may re- duce taxes, etc. 6 23 Asssssment — Irregular; re-assessment; owner; appeal 6 5 Assessment — Property not rendered; how made 6 6 Assessment — -Property unknown persons; how made 6 6 Assessment — Property how rendered; personal schedule; how valued; returns to whom 8 6 Assessment of property; omitted; how made; supple- Article. Section, mental roll; interest rate; diligent, when; call, how enforced ' 6 5 Assessment, under what law made, etc 6 2 Assessor — Under whose control 6 1 ' Board of Appeals, Eiqualization; duty 6 8 Collected by action of debt, when; tax rolls 11 S Collection of; Board of Commissioners to order; sale of property, etc. 6 2 Collection of, by whom, paid over to whom, receipts, etc.; report to Commissioners, when 6 1 Collectian, failure to deposit; liability, interest, removal-- 6 1 Collection — Power to make sale for 3 18 Land sold for; deed; recitals; by whom made 6 Ig Lien— City may sue to enforce; rolls, what evidence 6 23 Lien created; attaches when seizure of property 6 9 List, oats, rolls, etc., controlled by Board of Commissioners 6 3 List of tax-payers; where kept 6 8 No demand for: due; delinquent, when; interest penalty, lien - 6 12 Property, assessed how; duplicate rolls made 6 1 Property liable for; assessed, how 3 18 Property, if value increased; notice; may prorate taxes, when, how _ 6-6 4-1 Property — When rendered for taxation; merchants; sworn statement 6 4 Personal — Sale for; notice; when sold; to whom 6 13 Personal — Sale of; title conveyed; no redemption 6 17 Property description; owner estopped, when 6 22 Real Estate — Sale; notice; when sold 6 14 Removal of property; collector may seize and sell 6 10 Sales — City may buy; Mayor to attend sales __ 18 Sale for delinquent; by whom and how made 6 13 Sales — Redeemed, when; costs; penalties 6 19 Suit to Collect — Description, pleading, judgment 6 21 When payable; property may be sold; regulations by Board 6 11 Trees — Shade — Planting, etc. Mun. Serv. 2 12 Telephone System — I>ocal charges, etc.; regulation of Fran. 2 19 City may own, operate, etc Mun. S'erv. 2 1 Vagrants — Who are; may punish Pol. Dept. 2-2 4-20 Vegetables — Sale of; may regulate Pol Dept. 2 9 Vehicles — Drivers — May regulate, etc Pol. Dept. 2 6 at Railway Depots — May regulate Pol. Dept. 2 6 Water Course — May change Mun. Serv. 2 13 Supply — May protect Arkansas river Health Dept. 2 5 Wells, Cisterns, etc. — May establish, etc Mun. Serv. 2 13 Work.s^May own, operate, etc Mun. Serv. 2 1 Wages — Assignment of void when 11 11 Work and T..abor — May do work by day 11 1 What is day's work, when 11 2 House — May provide Pol. Dept. 2 27 Weights and Measures — Inspection, etc Pol. Dept. 2 5 Weighers— City may appoint - Health Dept. 2 11 Warehouses, etc. — Contract of Pol. Dept. 2 34 Wires — May regulate; underground, when Pol. Dept. 2 35 Year — Current; when begins 3 16 RETURN CIRCULATION DEPARTMENT TOhh^ 202 Main Library 642-3403 LOAN PERIOD 1 HOME USE 2 3 1 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 1 -month loans nnay be renewed by colling 642-3405 6-month loons may be recharged by bringing books to Circulation Desk Renewals and recharges may be made 4 days prior to due date DUE AS STAMPED BELOW — .. ^, or( j FORM NO DD 6, 40m, 6'76 UNIVERSITY OF CALIFORNIA, BERKELEY ^ BERKELEY, CA 94720 ' U.C. BERKELEY LIBRARIES CDMDDTMTbS W17218 JS13 f^z-^s- THE UNIVERSITY OF CALIFORNIA LIBRARY iC^-'r. :