i^l^^'iiamojy'j'^.^^ THE REVISED ORDINANCES OF THE CITY OF.SEDALIA, MISSOURI 1894. TO WHICH IS PREFIXED PROVISIONS OF THE CONSTITUTION OF MISSOURI AFFECTING MUNICIPAL CORPORATIONS.— THE CHARTER OF THE CITY.— RULES OF THE COUNCIL- — LIST OF OF- FICERS, FRANCHISES, Etc. PUBLISHED BY AUTHORITY AND DIRECTION OF THE CITY OF SEDALIA. REVISED AND COMPILED BY OF THE SEDALIA BAR, By Order of the Mayor and City Council. SEDALIA MO: THE SEDALIA PRINTING COMPANY, 1894. Printed copies of the ordinances, resolutions, rules, orders and by-laws of any city or incorporated town, in this State purporting to be published by authority of such city or incorporated town, and manuscript or printed copies of such ordinances, resolutions, rules, orders and by-laws, certified under the hand of the officer having the same in lawful custody, with the seal of such city or town annexed, shall be received as evidence in all courts and places in this State without further proof; and any printed pamphlet or volume, purporting to be published by authority of and such town or city, and to contain the ordinances, resolutions, rules, orders or by-laws of such town or city, shall be evidence, in all courts and places within this State, of such ordinances, resolutions, rules, orders or by-laws. (^ 4846 R. S. 1889). PROVISIONS OF THE CONSTITUTION OF THE STATE OF MISSOURI AFFECTING MUNICIPAL CORPORATIONS OF THE STATE. ARTICLE II. BILL OF RIGHTS. Section i. (i8) That no person elected or appointed to any office or employment of trust or profit under the laws of this State, or any ordinance of any municipality in this State, shall hold such office without personally, devoting his time to the performance of the duties to the same belonging. Sec. 2. (19) That no person who is now, or may here- after become a collector or receiver of public money, or assist- ant or deputy of such collector or receiver, shall be eligible to any office of trust or profit in the State of Missouri, under the laws thereof, or of any municipality therein, until he shall have accounted for and paid over all the public money for which he may be accountable. ARTICLE IV. limitation on legislative power. Section 3. (45) The General Assembly shall have no power to give or to lend, or to authorize the giving or lending ^153518 4 PROVISIONS OF THE CONSTITUTION. of the credit of the State in aid of or to any person, associa- tion or corporation, whether municipal or other, or to pledge the credit of the State in any manner whatsoever, for the pay- ment of the liabilities, present or prospective, of any individual, association of individuals, municipal or other corporation what- soever. Sec. 4. (46) The General Assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, as- sociation of individuals, municipal or other corporation whatso- ever ; Provided, that this shall not be so construed as to prevent the grant of aid in a case of public calamity. Sec. 5. (47) The General Assembly shall have no power to authorize any county, city, town or township, or other political corporation or subdivision of the State now ex- isting, or that may be hereafter established, to lend its credit, or to grant public money or thing of value, in aid of or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. Sec. 6. (48) The General Assembly shall have no power to grant, or to authorize any county or municipal au- thority to grant, any extra compensation, fee or allowance to a public ofificer, agent, servant or contractor, after service has been rendered, or a contract has been entered into and per- formed in whole or in part, nor pay or authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made without express authority of law; and all such unauthor- ized agreements or contracts shall be null and void. Sec. 7. (53) The General Assembly shall not pass any local or special law : Regulating the affairs of counties, cities, townships, wards or school districts : Changing the names of persons or places : Authorizing the laying out, opening, altering or main- taining roads, highways, streets or alleys: PROVISIONS OF THE CONSTITUTION. 5 Vacating roads, town plats, streets or alleys: Relating to cemeteries, grave yards or public grounds not of the State: Incorporating cities, towns or villages, or changing their charters : For the opening and conducting of elections, or fixing or changing the places of voting: Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election or school dis- tricts : Regulating the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or constables. Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury : Exempting property from taxation : Creating corporations, or amending, renewing, extending or explaining the charter thereof: Granting to any corporation, association or individual any special or exclusive right, privilege or immunity, or to any cor- poration, association or individual, the right to lay down a rail- road track : Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of their official duties, or their secu- rities from liability : Legalizing the unauthorized or invalid acts of any officer or agent of the State, or of any county or municipality thereof. In all other cases where a general law can be made applicable, no local or special law shall be enacted ; and whether a general law could have been applicable in any case, is hereby declared a judicial question, and as such shall be judicially determined, without regard to any legislative assertion on the subject : Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed. Sec. 8. (54) No local or special law shall be passed 6 PROVISIONS OF THE CONSTITUTION. unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the General Assembly of such bill, and in the manner to be provided by law. The evi- dence of such notice having been published, shall be exhibited in the General Assembly before such act shall be passed, and the notice shall be recited in the act according to its tenor. ARTICLE VIII. SUFFRAGE AND ELECTIONS. Section 9. (2) Every male citizen of the United States, and every male person of foreign birth, who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty- one years, possessing the following qualifications, shall be en- titled to vote at all elections by the people: First — He shall have resided in the State one year imme- diately preceeding the election at which he offers to vote. Second — He shall have resided in the county, city or town where he shall offer to vote, at least sixty days immediately preceding the election. Sec. 10. (3) All the elections by the people shall be by ballot; every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list ot voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless required to do so as witnesses in a judicial pro- ceeding; Provided, that in all the cases of contested elections the ballots cast may be counted, compared with the list of PROVISIONS OF THE CONSTITUTION. 7 voters, and examined under such safeguards and regulations as may be prescribed by law. Sec. II. (4) Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. Sec. 12. (6) All elections by persons in a representa- tive capacity, shall be viva voce.. Sec. 13. (7) For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State, or of the United States ; nor while engaged in the navigation of the waters of the State, or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poor-house, or other asylum at public expense, nor while confined in public prison. Sec. 14. (8) No person, while kept at any poor-house, or other asylum at public expense, nor while confined in any public prison, shall be entitled to vote at any election under the laws of this State. Sec. 15. (9) The trial and determination of contested elections of all public officers, whether State, judicial, municipal or local, except Governor and Lieutenant-Governor, shall be by the courts of law, or by one or more of the judges thereof. The General Assembly shall, by general law, designate the court or judges by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto; but no such law, assigning jurisdiction or reg- ulating its exercise, shall apply to any contest arising out of any election held before s^id law shall take effect. Sec. 16. (10) The General Assembly may enact laws excluding from the right of voting all persons convicted of felony or other infamous crimes or misdemeanors connected with the exercise of the right of suffrage. Sec. 17. (11) No officer, soldier or marine, in the reg- 8 PROVISIONS OF THE CONSTITUTION, ular army or navy of the United States, shall be entitled to vote at any election in this State, Sec. i8. (12) No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding his election or appointment. ARTICLE IX. COUNTIES, CITIES AND TOWNS. Section 19. (6) No county, township, city or other municipality shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appropriation or donation, or loan its credit to or in aid of any college or institution of learning, or other institution, whether created for or to be controlled by the State or others. All authority heretofore conferred for any of the purposes aforesaid by the General Assembly, or by the charter of any corporation, is hereby repealed ; Provided, however, that nothing in this Constitution contained shall affect the right of any such municipality to make such subscription, where the same has been authorized under existing laws by a vote of the people of such municipality prior to its adoption, or to prevent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for liquidation or payment of such subscription, or of any existing indebtedness. Sec. 20. (7) The General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four ; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restric- tions. The General Assembly shall also make provisions, by general law, whereby any city, town or village, existing by PROVISIONS OF THE CONSTITUTION. 9 virtue of any special or local law, may elect to become subject to, and be governed by, the general laws relating to such cor- porations. Sec. 21. (13) The fees of no executive or ministerial officer of any co inty or municipality, exclusive of the salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make return, quarterly, to the county court of all fees by him received, and of the salaries by him actually paid to his depu- ties or assistants, stating the same in detail, and verifying the same by his affidavit; and for any statement or omission in such return, contrary to truth, such officer shall be liable to the penalties of willful and corrupt perjury. Sec. 22. ( 14) Except as otherwise directed by this Constitution, the General Assembly shall provide for the elec- tion or appointment of such other county, township and munici- pal officers, as public convenience may require; and their terms of office and duties shall be prescribed by law ; but no term of office shall exceed four years. ARTICLE X. revenue and taxation. Section 23 (i) The taxing power may be exercised by the General Assembly for State purposes, and by counties and other municipal corporations, under authority granted to them by the General Assembly, for county and other corporate purposes. Sec. 24. (2) The power to tax corporations and cor- porate property shall not be surrendered or suspended by act of the General Assembly. Sec. 25. (3) Taxes may be levied and collected for public purposes only. They shall be uniform upon the same class of subjects within the territorial limits of the authority 10 PROVISIONS OF THE CONSTITUTION. levying the tax, and all taxes shall be levied and collected by general laws. Sec. 26. (4) All property subject to taxation shall be taxed in proportion to its value. Sec. 27. (5) AH railroad corporations in this state, or doing business therein, shall be subject for taxation for State, county, school, municipal, and other purposes, on the real or personal property owned or used by them, and on their gross earnings, their net earnings, their franchises, and their capital stock. Sec. 28. (6) The property, real and personal, of the State, counties and other municipal corporations, and ceme- teries, shall be exempt from taxation. Lots in mcorporated cities or towns, or within one mile of the limits of any such city or town, to the extent of one acre, and lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, may be exempted from taxation when the same are used exclusively for religious worship, for schools, or for purposes purely charitable; also such property, real or personal, as may be used exclusively for agricultural or horticultural societies ; Provided, that such exemptions shall be only by general law, Sec. 29. (7) All laws exempting property from taxa- tion, other than the property above enumerated, shall be void. Sec. 30. (9) No county, city, town or other municipal corporation, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its propor- tionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatso- ever. Sec. 31. (10) The General Assembly shall not impose taxes upon counties, cities, towns or other municipal corpora- tions, or upon the inhabitants or property thereof, for county, city, town or other municipal purposes; but miy, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. PROVISIONS OF THE CONSTITUTION. II Sec. 32. (11) Taxes for county, city, town and school purposes, may be levied on all subjects and objects of taxation; but the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school dis- trict for State and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valuation; in counties having six million dol- lars and under ten million dollars, said rates shall not exceed forty cents on the hundred dollars valuation ; in counties hav • ing ten million dollars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation ; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valua- tion. For city and town purposes the annual rate on property in cities and towns having thirty thousand inhabitants or more, shall not, in the aggregate, exceed one hundred cents on the hundred dollars valuation ; in cities and towns having less than thirty thousand and over ten thousand inhabitants, said rate shall not exceed sixty cents on the hundred dollars valvation ; in cities and towns having less than ten thousand and more than one thousand inhabitants, said rate shall not exceed fifty cents on the hundred dollars valuation ; and in towns having one thousand inhabitants or less, said rate shall not exceed twenty- five cents on the hundred dollars valuation. For school pur- poses in districts, the annual rate on property shall not exceed forty cents on the hundred dollars valuation ; Provided, The aforesaid annual rates for school purposes may be increased in districts formed of cities and towns, to an amount not to exceed one dollar on the hundred dollars valuation; and in other dis- tricts to an amount not to exceed sixty-five cents on the hun- dred dollars valuation, on the condition that a majority of the voters who are tax-payers, voting at an election held to decide the question, vote for said increase. F"or the purpose of erect- ing public buildings in counties, cities or school districts, the rates of taxation herein limited may be ii. creased when the rate 12 PROVISIONS OF THE CONSTITUTION. of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city or school district, vot- ing at such election shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for State and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the State, or of the United States; said restrictions, as to rate, shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing, or bonds which may be issued in renewal of such indebtedness. Sec. 33. (12) No county, city, town, township, school district or other political corporation or subdivision of the State, shall be allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the in- come and revenue provided for such year, v/ithout the assent of two-thirds of the voters thereof voting at an election to be held for that purpose ; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount, including existing indebtedness, in the aggregate, exceeding five per centum of the value of the taxable property therein, to be ascer- tained by the assessment next before the last assessment for State and county purposes, previous to the incurring of such indebtedness; Provided, that, with such assent, any county may be allowed to become indebted to a larger amount for the erec- tion of a court house or jail ; and provided further, that any county, city, town, township, school district, or other political corporation or subdivision of the State, incurring any indebt- edness, requiring the assent of the voters aforesaid, shall, before or at the time of doing so, provide for the collection of an an- nual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty years from the time of contracting the same. PROVISIONS OF THE CONSTITUTION. 1 3 Sec. 34. (13) Private property shall not be taken or sold for the payment of the corporate debt of a municipal cor- poration. Sec. 35. (17) The making of a profit of State, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public ofificer, shall be deemed a felony, and shall be punished as provided by law. Sec. 36. (20) The money arising from any loan, debt or liability, contracted by the State, or any county, city, town, or other municipal corporation, shall be applied to the purpose for which they were obtained, or to the repayment of such debt or liability, and not otherwise. ARTICLE XI. EDUCATION. Section 37. (ii) Neither the General Assembly, nor any county, city, town, vownship, school district or other muni- cipal corporation, shall ever make an appropriation, or pay from any public fund whatever, anything in aid of any religious creed, church, or sectarian purpose ; or to help to support or sus- tain any private or public school, academy, seminary, college, university or other institution of learning controlled by any relig- ious creed, church or sectarian denomination whatever ; nor shall any grant or donation of personal property or real estate ever be made by the State, or any county, city, town or other muni- cipal corporation, for any religious creed, church or sectarian purpose whatever. ARTICLE XII. CORPORATIONS. — RAILROADS. Section 38. (16) The General Assembly shall pass no law for the benefit of a railroad or other corporations, or any 14 PROVISIONS OF THE CONSTITUTION. individual or association of individuals, retrospective in its oper- ation, or which imposes on the people of any county or muni- cipal subdivision of the State a new liability in respect to trans- actions and considerations already past. Sec. 39. (20) No law shall be passed by the General Assembly granting the right to construct and operate a street railroad within any city, town, village, or on any public high- way, without first requiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street railroad ; and the franchise so granted shall not be transferred without similar assent first obtained. ARTICLE XIV. MISCELLANEOUS PROVISIONS. Section 40. (7) The General Assembly shall, in addi- tion to other penalties, provide for the removal from office of county, city, town and township officers, on conviction of will- ful, corrupt or fraudulent violation or neglect of official duty. Sec. 41. (8) The compensation or fees of no State, county or municipal officer shall be increased during his term of office ; nor shall the term of any office be extended for a longer period than that for which such officer was elected or ap- pointed. Sec. 43. (9) The appointment of all officers not other- wise directed by this Constitution, shall be made in such a man- ner as may be prescribed by law. SCHEDULE. That no inconvenience may arise from the alterations or amendments in the Constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared : Sec. 43. (i) That all laws in force at the adoption of this Constitution, not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly ; and PROVISIONS OF THE CONSTITUTION. I 5 all rights, actions prosecutions, claims and contracts of the State, counties, individuals or bodies corporate, not inconsist- ent therewith, shall continue to be as valid as if this Constitu- tion had not been adopted. The provisions of all laws which are inconsistent with the Constitution, shall cease upon its adop- tion, except that all laws which are inconsistent with such pro- visions of this Constitution, as require legislation to enforce them, shall remain in force until the first day of July, one thousand, eight hundred and seventy-seven, unless sooner amended or repealed by the General Assembly. Sec. 44. (2) That all renognizances, obligations and all other instruments, entered into or executed before the adop- tion of this Constitution, to this state or to any subdivision thereof, or any muncipality therein ; and all fines, taxes, penalties and forfeitures, due or owing to this State, or any such subdivision or municipality; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this Constitution. All indictments which shall have been found, or may hereafter be found, for any crime or offense committed before this Constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in this Constitution. i6 CHARTER. CHARTER. CITIES. TOWNS AND VILLAGES CITIES OF THIRD CLASS. An Act to repeal article 4, chapter 30, of the Revised Stat- utes of Missouri of 1889, with all amendments thereof, said article being entitled "Cities of the third class," and to enact in lieu thereof a new article, providing for the government of cities of the third class. Division of city into wards — of councilmen. Councilmen, qualifications of, etc. President pro tempore. Council shall publish semi- annual statements, etc. Powers of council — witness- es, papers. Proceedings of, how kept. Clerk, temporary, appoint- ment of. Duties of clerk. Officers to be residents of city. Officers to take oath. Term "officer" construed. Delinquent officer, mayor to proceed against. Compensation of officers. Vacancies, how filled. Corrupt allowance of claim, how punished. Officers prohibited from be- ing interested in contracts, etc., how punished. Duties, etc., may be regu- lated by ordinance. Marshal, duties. Assistant marshal, duties. vSECTION I Sec 1. Cities of the third class, in- corporation of. 17- 2. Jurisdiction not affected. 18. 3- Election of officers, when held, etc. 19- 4- Refusal to qualify, etc. — jiis- tice of the peace to order 20. election. 21. 5- Elective officers — terms of office. 22. 6. Qualifications of mayor — contests. 23. 7- Mayor to be president of 24. council. 25- 8. He shall sign commissions. drafts, etc. 26. 9- Shall communicate to the 27. council, what. 28. 10. May require officers to ex- hibit accounts. 29. 1 1. May remove officers, with 30. consent of council. 31- 12. Shall enforce ordinances. 13- May remit fines, etc. 32- 14. Shall make report to council, when. 15- May appoint what officers. 33- 16. Vacancy in office of mayor, how filled— president pro 34. tern, duties of. 35- CHARTER. 17 Section 36. Council may appoint police- men. 37. Appointment of, to be ordi- nance. 38 Powers of assistant marshal and policemen. 39. Marshal subject to mayor. 40. Marshal, etc., how removed. 41. Duties of police judge — va- cancies, how filled. 42. Suitable court-room to be furnished. 43. Violaiions of ordinances, how prosecuted. 44. Warrants, how issued and executed. 45. Police judge to hear com- plaints, etc. 46 Recognizances forfeited — duty of mayor. 47. Any number of persons may be included in complaint — proceedings on. 48. Jurisdiction of police judge. 49 Proceedings in indictable cases. 50. Continuances, how made. 51. Witnesses, fees — duty of po- lice judge. 52. Shall assess punishment. 53. Prisoners may work on streets, etc. 54. Defendant, when discharged. 55. Appeals, how taken. 56. Prosecutor to pa}' costs, when. 57. Police judge may punish for contempt, etc. 58 Cases heard and tried to be filed with clerk. 59. Attorne}', duties of. 60. Additional attorneys em- ployed, when, how. 61. Assessor, duties — levy of taxes. 62. Delinquent taxes — lien for taxes. 63. Collector, duties of — delin- quent taxes, etc. 64. Taxes collected to be re- ported monthly. 65. Council to provide for levy- ing taxes, etc. 66. Clerk to make tax-books. 67. Collector to pay over all monies monthly. 68. Power of council to levy tax. Section 69. Poll-tax. 70. Bonded debt and interest, power to levy tax for — funding outstanding debts. 71. Illegal levy, etc., may be corrected. 72. Merchants' tax. 73. Licenses, how issued. 74. No exemption from tax. 75. Depository for city funds, how selected. 76. Bond of depository. 77. Treasurer to deposit in de- pository — penalty for fail- ure. 78. Treasurer, duties of. 79. Failure to select depository — duty of coiincil. 80. Warrants, how drawn — pen- alties. 81. Sinking funds, how invested — security. 82. vStyle of ordinances. 83. Mayor to approve ordinances — may veto — proceedings when vetoed. 84. Powers and duties of mayor and council as to city fi- nances, health, etc. 85. Council shall enact what or- dinances. 86. May regulate lumber yards, etc., running at large of cattle, etc., provide pounds, and impose penalties 87. May control streets, side- walks, etc., amusements, etc. 88. Regulations for prevention of contagious diseases, abatement of same, etc., — erect hospitals, waterworks, sewers, etc. 89. Purchase grounds for mar- ket houses, etc. 90. Regulate levees, etc. 91. Inspection, weighing, etc 92. Slaughter - houses, stock - yards, etc. 93. Carrying concealed and dead- ly weapons. 94. Sprinkling streets, etc., as- sess cost of same, etc. 95. Lighting streets, lamp-posts, contracts for gas, electric- ity, etc. 1 8 CHARTER. Skction. 96. Contracts for water, etc. — operate waterworks, etc. 97 Establish sewer system, and assess tax therefor. 9S. District sewer, and assess tax therefor, and issue tax- bills, etc. 99. Private sewers. 100. Real estate for cemetery purposes, etc. 1 01. Cemetery lots, how conveyed. 102. Opening, extending or widen- ing count}' roads — duty of council as, to benefits, etc. 103. Census, how taken — limit of tax levy. 104. Claims, how presented and allowed. 105. Railroads or street railroads — powers of council, etc. 106. INIay issue bonds for purchase of real estate — how issued — vote — limitation. 107. License tax may be levied, on whom. 108. Council to provide by ordi- nance for levying taxes, etc., grading and improv- ing streets, etc. 109. May establish grade of streets, etc. no. Notice, how' given. 111. May open, improve and va- cate streets, etc. 1 12. May condemn sidewalks and improve same. 1 13. May advertise for bids, etc. — city to construct, when — tax bills issued for. Section 114. Mav 115 116. 117. 118. 119. 124. 125. open streets, etc., on petition — damages, how assessed. Private property taken — benefits and damages, how determined — notice. Jury to ascertain damages and benefits, etc. Exemption from payment of benefits, proceedings in, etc. Mayor to report verdict to council, etc. — appropria- tion to pay damages against city — lien on private prop- erty, etc. — Special tax-bills to issue, etc. — tax bills to be recorded — sale of prop- erty for taxes — deed, etc. Partie-- aggrieved may file objection, where — affidavit ^duties of clerk — notice, when publi-shed — circuit court, duties of — verdict — execution, etc. Duties of city clerk — to make record of ordinances — no tices, etc., mayor shall sign — city to pay costs, w^heii. May change names of streets, how^— notice. May enact and make rules and regulations. Punishment for violating this act. Repealing clause. Emergency clause. Be it enacted by the General Assembly of the State of Missouri, as follows: Section i. That article 4, of chapter 30, of the Re- vised Statutes of Missouri of 1889, said article being entitled "Cities of the third class," with all amendments thereof, be and the same is hereby repealed, and in lieu thereof the follow- ing is enacted : CHARTER. 19 ARTICLE IV. CITIES OF THE THIRD CLASS. Section i. Any city of the third class in this State may become a body corporate under the provisions of this act, in the manner provided by law, under the name of "the city of ," and by that name shall have perpetual succes- sion, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity, and in all ac- tions whatever; may receive and hold property, both real and personal, within such city, and may purchase, receive and hold real estate within and without such city for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire; may receive bequests, gifts and donations of all kinds of property; and may have and hold one com;i)on seal, and may break, change or alter the same at pleasure, and all courts of this State shall take judicial notice thereof. Sec. 2. The jurisdiction of any city which shall organize under the provisions of this act shall not in any wise be affected or changed in consequence thereof, but the limits, wards and boundaries of each city shall remain after such organization the same as they were previous; and all laws or parts of laws, or ordinances, not inconsistent with this act, which were in opera- tion in such city prior to its organization under this acr, or prior to the passage of this act, shall continue in force until repealed. The mayor and council of such city, with the consent of a majority of the legal voters of such city voting at an election therefor, shall have power to extend the limits of the city over territory adjacent thereto, and to dimin- ish the limits of the city by excluding territory therefrom, and shall, in every case, have power, with the consent of the legal voters as aforesaid, to extend or diminish the city limits in such manner as in their judgment and discretion may redound to the benefit of the city : Provided, however, that all agricultural 20 CHARTER. and pas; lire lands in tracts in excess of forty (40) acres in such city shall be exempt from taxation for city purposes until said lands are laid off into lots and blocks, and pla^s of the same filed for record. Sec. 3. A general election for the elective officers of each city of the third class shall be held on the first Tuesday in April after the organization of such city under the provisions of this act, and every two years thereafter, and all city elections shall be held under the provisions of the general election laws of the State: •Provided, that all certificates of nomination and petitions therefor, as provided by the State election laws, shall be filed with the city clerk and not with any other officer, and all duties specified to be performed by the constable or sheriff in the State elections shall be performed by the marshal in city elections ; and all tickets for city elections shall be printed by the city and at the city's expense; and all duties heretofore performed by the county clerk with reference to city elections shall be performed by the city clerk. The polling places for. all elections in such cities, and the judges therefor, shall be selected and specified by the ri^spective city councils of such cities by resolution, ordinance or otherwise. The manner of making returns of such elections shall be prescribed by ordi- nance. Any city organizing under the provisions of this act may elect a mayor and such other officers as may be necessary to carry this act into effect, who shall hold office until the sec- ond Tuesday in April thereafter, and until their successors are elected and qualified. Sec. 4. If at any time, by reason of non-acceptance, res- ignation, refusal to qualify, or for any other cause, there shall be no officers of the city to order an election, any justice of the peace within the corporate limits is empowered to order and hold an election for city officers. Sec. 5. The following officers shall be elected by the qualified voters of the city, and shall hold their offices for two years, and until their successors are duly elected and qualified, to-wit: A mayor, marshal, attorney, police judge, assessor. CHARTER. 2 I collector and treasurer. The attorney shall be a person learn- ed in the law. Sec. 6. No person shall be mayor unless he be at least thirty years of age, a citizen of the United States and a resi- dent of such city at the time of and for two years next preced- ing his election. When two or more persons shall have an equal number of votes for the ofKice of mayor, or an election for mayor be contested, the matter shall be determined by the council. Sec. 7. The mayor shall be president of the council, but shall not vote ; he shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city, and the State laws relating to such city, are complied with. Sec. 8. The mayor shall sign the commissions and ap- pointments of all city officers elected or appointed in the city, and shall approve all official bonds. He shall sign all orders and drafts drawn on the treasurer for money, and cause the city clerk to attest the same, and to affix thereto the seal of the city, and to keep an accurate record thereof in a book to be pro- vided for that purpose. Sec. 9. The mayor shall, trom time to time, communi- cate to the council such measures as may, in his opinion, tend to the improvement of the finances, the police, health, security, ornament, comfort and general prosperity of the city. Sec. 10. The mayor shall have power to require, as often as he may deem it nece sary, any officer of the city to ex- hibit his accounts or other papers or records, and to make re- port to the council, in writing, touching any subject or matter pertaining to his office. Sec, II. The mayor may, with the consent of a major- ity of all the members elected to the city council, remove from ofiice, for cause shown, any elective officer of the city, such officer first being given opportunity, together with his witnesses, to be heard before the council, sitting as a court of impeach- ment. Any elective officer may, in like manner, for cause 2 2 CHARTER. shown, be removed from office by a two-thirds vote of all the members elected to the city council, independently of the maj'or's approval or recommendation. The mayor may, with the consent of a majority of all the members elected to the council, remove from office any appointive officer of the city at will ; and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the council, inde- pendently of the mayor's approval or recommendation. The council may pass ordinances regulating the manner of impeach- ment and removals. Sec. 12. The mayor shall be active and vigilant in en- fcw"cing all laws and ordinances for the government of the city, and he shall cause all subordinant officers to be dealt with promptly for any neglect or violation of duty ; and he is here- by authorized to call on every male inhabitant of the city, over eighteen years of age and under fifty, to aid in enforcing the laws. Sec. 13. The mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under ordinances of the city ; but this section shall not be so construed as to authorize the mayor to remit any costs which may have accrued to any officer of the city b}^ reason of any prosecution under the laws or ordinances of said city. Sec. 14. The mayor shall make a written report to the council, on or before the first day of July of each year, which report shall contain his estimate of the necessary appropriations to meet all the wants of the current year, and the estimated re- ceipts from licenses, taxes and other sources, and which shall also show the actual financial condi^ion of the city. Sec. 15. The mayor, with the consent and approval of a majority of the members elected to the city council, shall have power to appoint a street commissioner and such other officers as he may be authorized by ordinance to appoint. Sec. 16. When any vacancy shall happen in the office of the mayor, by death, resignation, removal from city, removal from office, refusal to qualify or otherwise, the president pro CHARTER. 23 teni. of the council shall, for the time being, perform the duties of mayor until such vacancy be filled ; and in case of the tem- porary absence of the mayor or disability to perform the duties of his ofifice, the president /w tern, of the council shall perform the duties of mayor until the mayor shall return or such disabil- ity be removed; and during the time the president pro tern, of the council shall act as ma3^or, he shall receive the same com- pensation that the mayor would be entitled to. In case of va- cancy other than a temporary absence or di- ability, the person exercising the oflice of mayor shall cause a new election to be held, giving ten days' notice thereof by proclamation published in some newspaper published in the city: Provided, when a vacancy oc- curs within six months of a general municipal election, no elec- tion shall be called to fill such vacancy. Sec. 17. The council shall, by ordinance, divide the city into not less than four wards, and two councilmen shall be elec- ted from each of such wards by the qualihed voters thereof at the first election for councilmen in cities hereafter adopting the provisions of this act; the one receiving the highest number of votes in each ward shall hold his office for two years, and the one receiving the next highest number of votes shall hold his ofiice for one year ; but thereafter each ward shall elect annually one councilman, who shall hold his office for two years. Sec. 18. No person shall be a councilman unless he be at least twenty-five years of age, a citizen of the United States, and an inhabitant of the city for one year next preceding his election, and a resident of the ward from which he is elected six months next preceding his election. Whenever there shall be a tie in the election of a councilman, or an election for a coun- cilman be contested, the matter shall be determined by the council. Sec. 19. At the first regular meeting of the city council after the election in each year — which meeting shall occur at the time fixed by ordinance, but shall not be later than the third Tues- day in April — the council shall elect one of its members president pro tern., who shall hold his office for the term of one year, and 24 CHARTER. who, in the absence of the mayor, shall preside at the meetings of the council: Provided, that in the absence of the mayor and president pro tent, the council may select one of its members present to preside at such meetings, who shall be styled "acting president pro tern.' ' Sec. 20. The council shall semi-annually, in January and July of each year, publish a full and detailed statement of :;:!-anniiall\, and shall not run for a longer time than ten ycar> Si:c. 71. In case the corporate authorities of the city have attempted to levy any tax or assessment for improvements, or for the payment of interest or coupons on bonds issued and out- standing, or, other evidences of debt, vvhich tax or assessment may be informal, illegal or void in consequence of a failure to comply with the requirements of law, the council shall have power to relevy and reassess any such tax or assessment, in manner provided in this act. Six. 72. The council shall have power to levy and all merchants shall pay the city collector, an ad valorem tax equal to that which is levied upon real estate; the amount of which tax shall be determined and ascertained in the same way as the State and county tax is determined and ascertained ; and the collector shall have power to enforce the payment of the same by seizure and sale, as in the collection of other taxes. SliC. "Jl. All license tax shall be regulated by ordinance, and no license shall be issued until the amount prescribed there- for shall be paid to the city collector, and no license shall in any case be assigned or transferred. Licenses shall be signed by the mayor and clerk, and countersigned by the collector, and the clerk shall affix the corporate seal of the city thereto. Skc. 74. The city council shall have no power to relieve any person from the payment of any tax, or exempt any per- son from any burden imposed by law. Sec. 75. The city council shall have power, at its regu- lar meetings in July of each year, to receive sealed proposals for the custody of the city funds from any banking corporation, as- sociation or individual banker doing business within the city that may desire to be selected as the depository of the funds of CHARTER. 39 the city. Noti:e that such bids will be received shall be pub- lished by the city clerk, not less than one nor more than four weeks before such meeting, in some newspaper published in the city. Any banking corporation, association or individual banker doing business in the city desiring to bid shall deliver to the city clerk on or before the day of such meeting, a sealed proposal stating the rate percent, upon daily balances that such banking corporation, association, or individual banker offers to pay to the city for the privilege of being made the depository of the funds of the city for the year next ensuing the date of such meeting; or, in the event that said selection shall be made for a less term than one year, as hereinafter provided, then for the time between the date of said bid and the next regular time for the selection of a depository, as aforesaid. It shall be a misde- meanor for the city clerk or other person to directly or indirectly disclose the amount of any such bid to any person or persons before the selection of such depository. Sec. J^. Upon the opening of the sealed proposals sub- mitted, the city council shall select as the depository of the funds of the city the banking corporation, association or individual banker, offering to pay to the city the largest amount for such privilege : Provided, however, the council shall have the right to reject any and all bids. Within five days after the selection of such depository, it shall be the duty of the banking corpora- tion, association or individual banker so selected to execute a bond payable to the city, to be approved by the mayor and filed with the city clerk, with not less than three solvent sureties, who shall own unencumbered real estate in the State of as great value as the amount of said bond — the penalty of said bond to be at least double the revenues of the city for anyone year, and conditioned for the faithful performance of all the duties and obligations devolving by law or ordmance upon said depository, and for the payment upon presentation of all checks drawn upon said depository by the city treasurer, whenever any funds shall be in said depository applicable to the payment of said check, and all funds of the city shall be faithfully kept by said deposi- 40 CHARTER. tory and accounted for according to law ; and for a breach of said bond, the city, or any person injured, may maintain an action in the name of the city to the use of the person in- jured thereby. Six. TT . As soon as said bond shall be given and ap- proved, an order shall be made by the council designating said banking corporation, association or individual banker as the depository of the funds of the city until the time fixed by this act for another selection, and such order shall be entered upon the journal, Thereupon it shall be the duty of the city treas- urer, immediately upon the making of said order, to transfer to said depository all the funds in his hands belonging to the city, and immediately upon the receipt of any money thereafter he shall depoi;it the same with said depository to the credit of the city ; and for each and every failure to make such deposit the treasurer and his bondsmen shall be liable to said depository for ten per cent, per month upon the amount not so deposited, to be recovered by civil action in any court of competent jurisdic- tion. If any banking corporation, association or individual banker, after having been selected as such depository, shall fail to give said bond within the time provided by this act, then the selection of such banking corporation, association or individval banker as the depository of the city funds shall be set aside and be null and void, and the city council shall, after notice published in the man- ner hereinbefore provided, proceed to receive new bids and select other depository. Sec. 78. It shall be the duty of the city treasurer, upon the presentation to him of any warrant drawn by the proper au- thority, if there shall be money enough in the depository be- longmg to the fund upon which said warrant is drawn and out of which the same is payable, to draw his check as city treasurer upon the city depository in favor of the legal holder of said war- rant, and to take up said warrant and charge the same to the fund upon which it is drawn; but in no case shall the city treas- urer draw any check upon any fund in the city depository un- less there is sufficient money belonging to the fund upon which CHARTER. 41 said warrant is drawn to pay the same. No money belonging to the city shall be paid out of the city depository except upon the checks of the city treasurer ; and all such checks shall be payable by said depository at its place of business in the city. In case any bonds or coupons or other indebtedness of the city are payable, by the terms of such bonds, coupons or other indebt- edness, at any particular place other than the city treasury, nothing herein contained shall prevent the city council from causing the treasurer to place a sufficient sum at the place where such bonds, corpons or other indebtedness shall be pay- able at the time of their maturity, to meet the same. Sec. 79. If, for any reason, no selection of a deposi- tory is made at the time fixed by this act, the city council may, at any subsequent meeting, after notice published as hereinbe- fore provided, receive bids and select a depository in the man- ner herein set out, and the banking corporation, association or individual banker, so selected shall remain the depository until the next regular term for the selection of a depository, unless the order selecting it be revoked for the causes specified in this act. If the city council shall at any time deem it necessary for the protection of the city, it may, by resolution, require the de- pository to execute a new bond, and upon failure to do so within five days after the service of a copy of the resolution on said depository, the city council may proceed to select another depository in the manner hereinbefore provided. The city treasurer shall not be responsible for the any loss of city funds through negligence, failure or wrongful act of such depository, but nothing in this act shall relieve said treasurer from responsi- bility for any loss resulting from any official misconduct on his part, or from responsibility for the funds of the city at any time when, for any reason, there shall be no city depository, or un- til a depository shall be selected and the funds deposited therein, or tor any misappropriation of such funds in any manner by him. Sec. 80. No check shall be drawn upon the city deposi- tory by the treasurer, except on a warrant signed by the mayor 4- CllARTER. and attested by the clerk. No warrant shall be drawn upon the treasurer, nor shall any ordinance be passed appropriating money, unless there be an unexpended balance to the credit of the city in the fund upon which such warrant is drawn to meet such war- rant, or a sufficient sum of unappropriated money in the fund upon which such ordinance [warrant] is drawn to meet such ordinance [warrant]. Every bill that contemplates the pay- ment of money shall, upon its second reading, be referred to the treasurer lor his endorsement, to the effect that a sufificient sum stands to the credit of the city, unappropriated, in the fund cov- ered by such ordinance, to meet the requirements of such bill; and it shall be a misdemeanor for any councilman to vote for the passage of any such ordinance without the aforesaid endorse- ment of the treasurer thereon. Ihe treasurer shall report to the council on or before the first day in July in each year the amount of receipts and expenditures of the treasury, the amount ol money on hand, and the amount of bonds falling due for the redemption of which provision must be made; also, the amount of interest to be paid during the next fiscal year. He shall also perform such other duties in the line of his ofifice as may be required of him by ordinance. Skc. 8i. Whenever there shall be in th'^' treasury any money belonging to any sinking fund of any city of the third class which cannot be applied to the payment of existing debts for which such fund has been levied and collected, the city coun- cil may provide by ordinance for loaning the same at the high- est rate of interest that can be obtained, not exceeding eight nor less than six per cent, per annum, payable annually, the same to be loaned upon improved real estate in the county in which such city is situated, and for such time as such money cannot be applied to the payment of the debt for which it was levied and collected ; no loan shall be for more than fifty per cent, of the value of the property given as security, and shall be secured by a deed of trust on the same, and any such lands so taken as security shall be free from all liens or incumbrances. In addi- tion to the security above provided for, the city may require a CHARTER. 43 bond with good and sufficient securities, and no loan shall be made to any person not an inhabitant of the county in which such city is situated, nor shall any person be accepted as security who is not at the time a resident of the county in which such city is situated, and who does not own property equal in value to the sum for which he is security and free from all debts and encumbrance, and exempt from execution and attachment. Be- fore any loan is made on such real estate security, the party ap- plying therefor shall file with the city clerk a complete abstract of title to the land offered as security, and no loan shall be made on any land to which the title is not good. All bonds executed by persons receiving such loans shall be made payable to the city, and shall specify the time when the principal is payable, also state the rate of interest and the time when payable ; that in default of payment when due, or failure by principal in the bond to give additional security when the circumstances shall require it, both the principal and all accrued interest shall be- come immediately due and payable, and that all interest not punctually paid shall become as principal and bear the same rate of interest as the principal. The city council shall have power from time to time to require additional security to be given on said bond when, in their judgment, it is deemed necessary. If such security shall not be given within ten days after an order to that effect is made by the council, and a copy of said order served upon the borrower, and in all cases where default is made in the payment of the interest, the council shall proceed to enforce the payment of the same according to law ; all of which shall be fully provided for by ordinance. Sec. 82. The style of the ordinances of the city shall be: "Be it ordained by the council of the city of as follows.' ' No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the mem- bers elected to the council shall vote therefor, and the ayes and nays shall be entered on the journal ; and all bills shall be read three times before their passage. No ordinance shall be re- vived or re-enacted by mere reference to the title thereof, but CHARTER. the same shall be set forth at length, as if it were an original ordinance. No bill shall become and ordinance until it shall have l^een signed by the officer presiding at the meeting of the council at which it shall have been passed. When so signed, it shall be delivered to the mayor for his approval and signature, or his veto. Sec. 83. Every bill duly passed by the council and pre- sented to the ma>or, and by him approved, shall become an ordinance; and every bill presented as aforesaid, but returned with his objections thereto, shall stand reconsidered. The coun- cil shall cause the objections of the mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of tht mayor thereto notwithstanding?" The vote on this question shall be taken by ayes and nays and the names entered upon the journal, and if two-thirds of all the members-elect shall vote in the af^rmative, the president shall certify the fact on the roll, and the bill thus certified shall be de- posited with the proper ofificer, and shall become an ordinance in the same manner and with like effect as if it had received the ap- proval of the mayor. The mayor shall have power to sign or veto any ordinance passed by the city council : Provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meet- ing of the council, the same shall become a law without his s g- naturc. Sec. 84. The mayor and council of each city governed b)' this act shall have the care, management and control of the city and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the constitution and laws of this State, and such as they shall deem expedient for the good government of the city, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same. CHARTER. 45 Sec. 85. The council shall enact ordinances to prohibit and suppress houses of prostitution and other disorderly houses and practices, and gambling houses and all kinds of public in- decencies, and may prohibit the selling or giving of intoxicating liquors to any minor or habitual drunkard. The council shall also enact ordinances to restrain and prohibit riots, noises, as- saults, assaults and batteries, petit larceny, disturbances of the peace, disturbances of religious and other lawful assemblies, in- decent shows, exhibitions or concerts in any street, house or place in the city, disorderly assemblies, and to regulate, re- strain and prevent the discharge of fire-arms, and the keeping and discharge of rockets, powder, fireworks or other dangerous combustible materials in the streets or in the limits of the city. The city council may also regulate and control the construction of buildings, the construction and cleaning of fire-places, chim- neys, stoves and stove-pipes, ovens, boilers, kettles, forges, or any apparatus used in any building, manufactory or business, which may be dangerous in causing or promoting fires, and may provide for the inspection of the same. The council may also prescribe by ordinance, limits within which no building shall be constructed except of brick or stone or other incombustible mater- ials, with fire-proof roofs, and impose a penalty for the viola- tion of such ordinance, and may cause buildings commenced, put up or removed into such hmits, in violation of such ordinance, to be removed or abated. The council may also purchase fire engines, hook and ladder outfits, hose and hose-carts, buckets and all other apparatus useful in the extinguishing of fires, and organize fire companies, and prescribe rules of duty for the gov- ernment thereof, with such penalties for the violation thereof as they may deem proper, not exceeding one hundred dollars, and to make all necessary expenditures for the purchase of such fire apparatus and the payment of such fire companies. Sec. 86. The council may prescribe limits within the city within which no lumber yard or wood-yard or coal-yard shall be kept, and may regulate, restrain or prohibit the erection or maintenance of any fence composed in whole or in part of barbed 46 CHARTER. wire along or adjacent to any public street, avenue, alley, park, cemetery or other public place. The council may also regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep goats and other animals, and domestic geese, and cause such as may be running at large to be impounded and sold in such manner and time as may be provided by ordinance ; the council may also provide penalties for the owners who shall per- mit such animals or geese to run at large. The council may also provide for the erection of all needful pounds, pens and buildings for tht- use of the city within or without the city lim- its, and appoint'and compensate keepers thereof, and establish and enforce rules governing the same. The council may also tax, regulate, restrain and prohibit the running at large of dogs, and provide for their destruction when at large contrary to ordinance, and impose penalties on the owners or keepers thereof. Sec. 87. The council may prohibit and prevent all en- croachments into and upon the sidewalks, streets, avenues, alleys and other public places of the city, and may provide for the re- moval of all obstructions from the sidewalks, curbstones, gut- ters and cross-walks at the expense of the owners or occupants of the ground fronting thereon, or at the expense of the person causing the same; the council may also regulate the planting of shade trees, erecting of awnings, hitching-posts, lamp -posts, awning-posts, telephone, telegraph and electric light poles, and the making of excavations through and under the sidewalks or in any public street, avenue, alley or other public place within the city. The council may prevent and punish for all horse- racing, or other racing, fast driving or training in the streets, highways, avenues, alleys, or over bridges or through tunnels in the city, and all games, practices or amusements therein likely to result in damage to any person or property, and to regulate, prevent and punish for the riding, driving, leading, stand- ing, hitching or passing of horses, mules, oxen, or other teams or stock or animals or any vehicle over or upon or across or along any sidewalk, street, avenue or alley of the city. CHARTER. 47 Sec. 88. The council may make regulations and pass or- dinances for the prevention of the introduction of contagious diseases into the city, and for the abatement of the same, and may make quarantine laws and enforce the same within five miles of the city. The council may purchase or condemn and hold for the city, within or without the city limits, within ten miles therefrom, all necessary lands for hospital purposes, water- works, sewer carriage and out fall, and erect, establish and regulate hospitals, work-houses, poor-houses, and provide for the government and support of the same, and make regula- tions to secure the general health of the city, and to prevent and remove nuisances : Provided, however, that the condem- nation of any property outside of the city limits shall be regu- lated in all respects as the condemnation of property for railroad purposes is regulated by law ; and provided fiirtJier, that the police jurisdiction of the city shall extend over such lands and property to the same extent as over public cemeteries, as pro- vided in this act. Sec. 89. The council may establish, alter and change the channel of water-courses, and wall them and cover them over, and prevent obstructions thereon, and may establish, make and regulate public wells, cisterns and reservoirs of water, and pro- vide for filling the same. The council may purchase grounds and erect and establish ' market-houses and market places, and regulate and govern the same ; and also contract with any per- son or persons, association or corporation for the erection, maintenance and regulation of market-houses and market places, on such terms and conditions and in such manner as the council may prescribe. The council may also provide for the erection, purchase or renting of a city hall, work-houses, houses of correction, prisons, engine-houses and any and all other nec- essary buildings for the city ; and may sell, lease, abolish or otherwise dispose of the same, and may enclose, improve, regu- late, purchase or sell all public parks or other public grounds belonging to the city, and may purchase and hold grounds for public parks within the city, or within three miles thereof. 48 CHARTER. Sec. 90. The council shall have power to regulate levees, wharves, landings, depots, depot-grounds and places for storing freight and goods, and provide for the passage for railways through the streets and public grounds of the city; also to regu- late the crossing of railroad tracks, and the crossing of streets, avenues and alleys by railroad tracks, and to provide for the il- lumination of the same and the stationing of watchmen thereat, and to provide precautions and prescribe rules regulating such railways and crossings, and to regulate the running, handling and operation of railway engines and cars within the limits of the city, and to prescribe rules relating thereto, and to govern the speed of railway engines, cars and trains, and to make and enforce rules or restrictions to prevent accidents at crossings, and on the tracks of railways, and to prevent fires from engines; and may provide punishment or fines, within the limits of this act, for any person or corporation violating the 01 dinances au- thorized by this section. Sec. 91. The council may prescribe rules and provide methods by ordinance for the inspection, weighing and measur- ing of any commodity sold in the city in all cases not otherwise provided for by law, and may provide for the selling, weighing and mspecting of meats, poultry and vegetables, of butter, lard, and other provisions and articles of food ; and may pro- vide for the inspecting and measuring of wood, coal and fuel, lumber, shingles, timber and all kinds of building material, and shall have power to appoint inspectors and measurers ; and may make provisions for the inspection of steam boilers, and all steam-heating apparatus, and to license engineers using steam boilers in the city, and may regulate the place or places where hay, lim , lumber, timber, wood, coal and all kinds of fuel shall be exposed for sale, and fix the fees of the person or persons appointed to perform the duties named in this section. Sec. 92. The council shall have power, by ordinance, to secure the general health of the inhabitants of the city by any measure to regulate, suppressor abate slaughter-houses, slaught- ering animals, stock yards, soap and other factories, pig-pens, CHARTER. 49 cow-stables and other stables and dairies, coal-oil tanks and fac- tories, and to remove the same ; and to regulate or prev-ent the carrying on of any business which may be dangerous or detri- trimental to the public health, or the manufacturing or vending of articles obnoxious to the health of the inhabitants ; to pre- vent abate and remove nuisances in a summary manner at the cost of the occupant or owner of the premises where the nuis- ance or the cause thereof may be : Provided, that the same was caused by the occupant or owner of the premises or his agent; and all costs and expenses incurred by the city in re- moving or abating any nuisance on private property within the city limits may be assessed against the occupant or owner, if caused by them or either of them or their agent, and the same shall be assessed by the council as a special tax-bill against such private property, which shall be a special lienag inst such prop- erty in the same manner and with the same effect that special tax-bills are for paving; or the cost of removing or abating such nuisance may be made a part of the judgment by the police judge, in addition to the fine imposed, in case of conviction in the police judge's court of the person causing or maintaining any such nuisance ; and the power is hereby given the city coun- cil to provide punishments for persons causing or maintain- ing nuisances in the city, or within one mile thereof. The coun- cil may also provide for a health commissioner and board of health to perform such duties and such powers as may be pre- scribed by ordinance ; and may provide for the condemnation of goods, merchandise, clothing, furniture and other personal prop- erty containing the germs of contagious or infectious dangerous disease, whenever the same is necessary for the health of the city ; but in every case where private property is so condemned and destroyed, due compensation shall be made to the owner thereof, upon the appraisement of five disinterested commission- ers appointed by the mayor. Sec 93. The council may prohibit and punish for the carrying of concealed deadly weapons, and may arrest and imprison, fine or set to work all vagrants found within the city. 50 CHARTER. Sec. 94. The council may provide by ordinance for sprinkling and cleaning, or either or both, the streets and ave- nues, or any part thereof, of the city, and may assess the cost and expense thereof as a special tax upon all real estate abutt- ing upon the street or avenue, or part thereof, sprinkled or cleaned, in proportion to the front foot, and may issue, or cause to be issued, special tax-bills therefor, whic 1 shall be a lien on such real estate until paid : Provided, that before any such assessment shall be made, the council shall pass a resolu- tion declaring such street sprinkling or cleaning necessary to be done, and shall cause such resolution to be published at least one week in some newspaper published in the city, and if a majority of the resident owners of the property abutting upon such street or avenue, or part thereof, proposed to be sprinkled or cleaned, shall not, within ten days thereafter, file with the clerk of said city their protest against such sprinkling or clean- ing, then the council shall have power to contract therefor and cause the same to be done : Provided, further, however, that m no case shall the cost of such sprinkling or cleaning exceed five cents each per front foot per month upon the property abutting upon such street or avenue, or part thereof. The method of making said assessments and collecting the same shall be provided by ordinance. Sec 95. The council may provide for and regulate the lighting of streets and the erection of lamp-posts, poles and light therefor, and shall have power to make contracts with any person for [or] association or corporation for the lighting of the streets and other public places of the city with gas, electricity or otherwise: Provided, that no such contract shall be made for a longer time than ten years : Provided further, that no such contract shall have any legal force until the same shall have been ratified by a two-thirds majority of the qualified voters of said city, voting at an election held for that purpose. The council shall have the right, also, to erect, maintain and operate gas-works, electric light works or light works of any other kind or name, and to erect lamp posts, electric light CHARTER. 51 poles, or any other apparatus or appliances necessary to light the streets, avenues, alleys or other public places, and to supply private lights for the use of the inhabitants of the city and its suburbs, and to regulate the same, and to prescribe and regulate the rates to be paid by the consumers thereof, and to acquire by purchase, donation or condemnation, suitable ground within or without the city, upon which to erect such works, and the right of way to and from said works, and also the right of way for laying gas-pipes, electric wires under or above ground, and erecting posts and poles and such other apparatus and appliances as may be necessary for the efificient operation of such works. Provided, that the council may in its discretion grant the right to any person or persons or corpora- tion to erect such works and lay the pipe, wires and erect the posts, poles and other necessary apparatus and appliances therefor, upon such terms as may be prescribed by ordinance: Provided further, that such right to any such person, persons or corporation shall not extend for a longer period than twenty years, and shall not be granted nor renewed unless by consent of a majority of the qualified voters of the city, voting at an election held for such purpose. Sec. 96. The council shall have power to make contracts with any person, association or corporation for furnishing the city with water, and for supplying fire hydrants and public fountains : Provided, that no such contract shall be made for a longer time than twenty years ; and provided, that no such contracts shall have any legal force until the same shall have been ratified by a vote of two-thirds majority of the qualified voters, voting at an election to be held for that purpose. The council shall have the right also to erect, maintain and operate waterworks for the city, and to regulate the same, to prescribe and regulate the rates to charge to private consumers of water furnished from such water-works, and to acquire by purchase, donation or condemnation^ suitable grounds within or without the city upon which to erect said works, and the right of way to and from said works, and also the right of way for laying 52 CHARTER. water-pipes and posts and telephone, telegraph or electric wires and poles, under or above ground, as may be necessary for the efficient operation of said water-works; all of which shall be done in such manner as shall be prescribed by ordinance: Provided, that the council may in its discretion grant the right to any person, persons or corporation to erect, maintain and operate water-works, and lay pipes, erect poles and telegraph, telephone and other electric wires, under or above ground, as may be necessary for the efficient operation of said works, upon such terms as the council may by ordinance prescribe: Pro- vided further, that in no case shall such right extend for a longer period than twenty years, and shall not be granted nor renewed unless by the consent of a majority of the qualified voters of the city, voting at an election held for that purpose: Provided, that nothing in this and the preceding section shall be so construed as to prevent city councils from contracting with any persons, associations or corporations for supplying fire hydrants and public fountains, and to furnish the city with gas or electric 1 ghts in cities where franchises have already been granted and where water-works and electric plants already exist, without a vote of the people. Sec. 97. The council shall have power to cause a gen- eral sewer system to be established, which shall be composed of three classes of sewers, to-wit, public, district and private sewers. Public sewers shall be established along the principal courses of drainage, at such points, to such extent, of such dimensions and under such regulations as may be provided by ordinance, and these ma}^ be extensions or branches of sewers already constructed or entirely new throughout, as may be deemed expedient. The council may levy a tax on all property made taxable for State purposes over the whole city, to pay for the constructing, reconstructing and repairing of such work, which tax shall be called "special public sewer tax," and shall be such amount as may be required for the sewer provided by ordinance to be built, and the fund arising from said tax shall be appropriated solely to the constructing, reconstructing and repairing of said sewer. CHARTER. 53 Sec. 98. District sewers shall be established within the limits of the districts, to be prescribed by ordinance, and shall connect with public sewers or other district sewers, or with the natural course of drainage, as each case may be. Such dis- tricts may be subdivided, enlarged or changed by ordinance at any time previous to the construction of the sewer therein ; and more than one district sewer may be laid in a sewer district if deemed necessary by the council for sanitary or other purposes. The council shall cause sewers to be constructed in each district whenever a majority of the property holders, residents therein, shall petition therefor, or whenever the council shall deem such sewers necessary for sanitary or other purposes, and said sewers shall be of such dimensions and materials as may be prescribed by ordinance, and may be changed, enlarged or extended, and shall have all the necessary laterals, inlets, catch-basins, man- holes and other appurtenances. As soon as any district sewer shall have been completed, the city engineer or other of^cer having charge of the work shall compute the whole cost there- of, and shall apportion the same against the lots or pieces of ground, exclusive of improvements, in proportion to the area of the whole district, exclusive of the public highways, and such officer shall report the same to the council by bill or otherwise, and the council shall thereupon levy and assess a special tax, by ordinance, against each lot or piece of ground within the dis- trict, in the name of the owner thereof; whereupon the city clerk shall make out a certified tax-bill, under the seal of the city, of such assessment against each lot or piece of ground within the district, in the name of the owner thereof. Said certified tax-bills shall be signed by the mayor and attested and recorded by the city clerk, and shall be deliverd to the con- tractor for the work, who shall proceed to collect the same by the ordinary process of law, in the name of the city, to his own use, and in case of absent owners, he may sue by attachment, or any other process known to the law ; and every such certified bill shall be a lien against the lot of ground described therein, and shall bear interest at the rate of 8 per cent, per annum from 54 CHARTER. 30 days after the issue thereof, unless sooner offered to be paid, and if not paid or offered to be paid within six months after the date of issue, each such certified bill shall bear interest at the rate of 15 per cent, per annum until paid, and every such certi- fied bill shall, on action brought to recover the amount thereof h& prima facie evidence of the validity of the charges against the property therein described, and the liability of the person therein named as the owner of such property. Sec. 99. Private sewers connected with the public and district sewers may be constructed under such restrictions and regulations as the council may prescribe by general ordinance; but the city shall be at no expense in the construction, repair- ing or cleaning of the same; the city shall incur no liability for building district sewer.-, except when the city is the owner of a lot of ground within the district, and in that case the city shall be liable for the costs of said sewer, in the same manner as other property owners within the district. The repairs, cleaning and other incidental expenses of district sewers shall be paid out of a general appropriation for that purpose. No sewer shall be run diagonally through private property, when it is as practica- ble, without injury to such sewer, to construct it parallel with one of the exterior lines of such property ; nor shall any public sewer be constructed through private property when it is as practicable to construct it along or through a street or other public highway. The council shall have the power to condemn private property for public use, occupation or possession in the construction and repair of public and district and private sewers, in the same manner as other property is condemned within the city for public uses. Sec. 100. The city council shall have power to purchase, receive and hold real estate, as heretofore mentioned, for public cemetery purposes, either within the city or within three miles thereof: Provided, that no such cemete*-y shall exceed more than 160 acres in one body. The council shall provide for the survey, platting, grading, fencing, ornamenting and improving of all the cemetery ground and the avenues leading thereto, owned CHARTER. 55 by the city, and may construct walks and protect ornamental trees therein, and provide for paying the expenses therefor. The council may make rules and pass ordinances imposing pen- alties and fines, not exceeding one hundred dollars, regulating, protecting and governing city cemeteries, the owners of lots therein, visitors thereto, and punishing trespassers therein; and the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they re- lated to the city itself. Sec. ioi. The cemetery lots shall be conveyed by cer- tificates, signed by the mayor and countersigned by the clerk, under the seal of the city, specifying that the purchaser to whom the same is issued is the owner of the lot or lots described there- in by numbers, as laid down on such map or plat, for the purpose of interment, and such certificates shall vest in the purchaser, 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 coun- cil ; and such certificates shall be entitled to be recorded in the office of recorder of deeds of the proper county without further acknowledgment ; and such descriptions of lots shall be deemed and recognized as sufficient description thereof. The council may limit the number of lots to be owned by the same person at the same time, and may prescribe rules for enclosing, adorn- ing and erecting monurrients, tombstones and ornaments on cemetery lots, and any improper adornment thereof; but no re- ligious test shall be made to the ownership of the lots, or burials therein, or for the ornamentation of graves or lots. Sec. I02. Whenever a petition as is now provided by law is presented to the county court of any county for the open- ing, extension or widening of any county road along and ad- joining the corporate limits of any city of the third class, such court shall proceed as is now authorized by law to condemn the right of way of such road, the maximum width of which shall not be over eighty feet. Before such road, however, shall be declared opened or the possession of such property for such right of way be taken for public use, the council of such city 56 CHARIER. shall ascertain, in the manner hereinafter provided in this act, the proportionate amount of benehts resulting to the owners of land adjacent thereto within the corporate limits of such city, who shall contribute toward compensating the person injured, and such amount shall constitute a lien in favor of the city on the said adjacent land, and the person or persons who shall be benefited and so assessed shall pay in such manner as herein- after provided. The city authorities shall define by ordinance the limits within which private property is deemed benefited by the opening, extension or -widening as aforesaid, and the owners of private property within such limits shall be notified as here- inafter set out, and appeals may be taken as hereinafter pro- vided. Sec. 103. The council may by ordinance, and at the ex- pense of the city, cause to be taken a census of its population by a suitable person to be appointed by the governor of the State. When so taken, the result shall be reported to the coun- cil and spread upon the records, and a copy thereof, certified by the city clerk under the seal of the city, shall be filed with the secretary of state. If such report shows that the city has over ten thousand inhabitants, the city council may levy on all sub- jects and objects of taxation for city purposes not to exceed sixty cents on the one hundred dollars valuation. Should the population b^ less than ten thousand inhabitants, said rate shall not exceed fifty tents on the one hundred dollars valuation. Sec. 104. All claims against the city must be presented in writing, with full account of the items, and verified by the oath of the claimant or his agent that the same are correct, reasonable and just, and no claim shall be audited or allowed unless presented and verified as provided in this section. No costs shall be recovered against the city in any action brought against it for any unliquidated claim which has not been presented to the council to be audited, nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with interest due : Provided, that no action shall be maintained against such city in exercising or failing to exercise CHARTER. 57 any corporate power or authority, in case where such action would not lie against a private individual under like circum- stances. Sec. 105. The council shall have sole authority, by ordinance, to grant the right to any person or persons, or corpor- ation, to make and construct railroads or street railroads in any street or highway of the city, and to control and regulate the use thereof: Provided, that no such railroad or street railroad ihall be located on any street or highway in the city, or any portion of such street or highway, until a majority of the resi- dents, owners of land abutting on sail street or highway, or such portion thereof, shall first assent thereto in writing; and provided, fiutJier, that no such railroad or street railroad shall be constructed or operated until all damages to such abutting lands shall have been first ascertained and paid to the owners thereof by the person, persons or corporation constructing said railroad or street railroad, and the city council shall pass suita- ble ordinances providing the manner and way ot ascertaing any damages contemplated by this section. Sec. 106. The city council are hereby authorized and empowered to provide for the purchase of ground, and for the payment of the same, and all necessary work of improvement specified in this act, by the issue of bonds or otherwise, subject, however, to the conditions and limitations herein specified. No city shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any one year the income and revenue provided for such year, without the assent of two-thirds of the voters of such city, voting at an election to be held for that purpose, nor in any case requiring such assent shall any indebtedness be allowed to be incurred to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for State and county purposes, previous to the incurring of such indebtedness : Provided, that any city in incurring any indebtedness requiring the assent of the voters 58 CHARTER. as aforesaid, shall, before at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sink- ing fund for payment of the principal thereof within twenty years from the time of contracting the same, and may provide by ordinance the manner of conducting said election under this section, and ascertaining the result of the same. Sec. 107. The council shall have power and authority to levy and collect a license tax on beer depots or store-rooms auctioneers, druggists, hawkers, peddlers, banks, brokers, pawn- brokers, merchants of all kinds, grocers, confectioners, res- taurants, butchers, taverns, hotels, public boarding-houses, dram-shops, saloons, liquor sellers, billiard and pool tables and other gaming tables, bowling alleys, hay scales, lumber dealers, livery-stable keepers, real estate agents, loan companies, loan agents, public buildings, public halls, opera houses, public grounds, concerts, photographists, bill- posters, artists, agents, porters, runners, drummers, pub- lic lecturers, public meetings, circuses and shows, for parades and exhibitions, or both, horse and cattle dealers, patent-right dealers, stock-yards, wagon-yards, inspectors, gangers, mercantile agents, insurance companies, insurance agents, manufacturing and other corporations or institutions, street railroad cars, hackney carriages, omnibuse-, carts, drays, transfer and job wagons, ice-wagons, and all other vehicles, traveling and auction stores, and all other businesses, trades and avocations whatever, and fix the rate of carriage of persons and wagonage, drayage and cartage of property; and to license, tax, regulate or suppress ordinaries, money brokers, money changers, intelligence and employment ofifices and agencies, public masquerades, balls, street exhibitions, dance-houses, for- tune tellers, pistol galleries, corn doctors, private venereal hospitals, museums, menageries, equestrian performances, horoscopic views, telescopic views, lung-testers, muscle-devel- opers, magnifying glasses, ten-pin alleys, ball alleys, billiard tables, pool or other tables, theatrical or other exhibitions, CHARTER. 59 boxing and sparring exhibitions, shows and amusements, tip- pHng-houses, gift enterprises, and sales of unclaimed goods by express companies or common carriers; to Hcense, tax and regulate hackmen, draymen, omnibus drivers, porters and others pursuing like occupations with or without vehicles, and to prescribe their compensation; and to regulate, license and restrain runners for steamboats, cars, stages and public houses; and to license ferries, and to regulate the same and the landing thereof within the limits of the city. Sec. io8. The cities coming under the provisions of this act, in their corporate capacities, are authorized and empowered to enact ordinances for the following purposes and upon the conditions in this section specified, in addition to the other powers granted by law : First — to levy and collect taxes for general revenue pur- poses on all mixed, personal and real property within the limits of said cities, taxable according to the laws of this State. Second — To open and improve streets, avenues, alleys and other highways, and to make sidewalks and build bridges, culverts and sewers within i-he city, and to exercise exclusive control over streets and alleys, and establish grades therefor. Third — The -cost of bringing to grade all streets, avenues and alleys and other highways, and for the building of bridges and culverts and public sewers and foot- walks across streets, avenues, alleys and other highways, may be paid out of the general revenue fund of the city, or an assessment shall be made therefor on all the taxable property v/ithin the limits of the city, not exceeding five mills on the dollar for these purposes in any one year. FoiirtJi — For making and repairing sidewalks and sidewalk curbing, the cost thereof shall be levied as a special assessment on all lots and pieces of ground abutting on such improvements, in proportion to the front foot thereof : Provided, that corner lots shall be liable for the extension of curbs and sidewalks to the curb lines each way. FiftJi — The cost of paving, macadamizing, guttering and 6o CHARTER. curbing (where such curb is set out into the street beyond the sidewalks) all streets, avenues, alleys and other highwa)'s, or any part thereof or any connections therewith, and repairing the same, and for doing all excavating and grading necessary for the same (after said streets, avenues, alleys and other high- ways, or parts thereof or connections therewith, have been first brought to grade, as hereinbefore provided), shall be levied as special assessment upon all lots and pieces of ground upon either side of such street, avenue, alley or other highway, oi part thereof or, conr.ection therewith, abutting thereon, along the distance improved, in proportion to the front foot. Sixth — The cost of paving or macadamizing the squares and areas as formed by the crossing or meeting of streets and other highways or parts thereof, or connections therewith, shall be levied as a special assessment and paid for as follows : Such area shall be divided into parts or portions by lines drawn lengthwise along the middle of each of said streets or highways so intersecting or meeting, and the cost of said parts or portions shall be levied as a special assessment against the block or square contiguous to each, and pro-rated against the lots or pieces of ground in such block or square abutting on the street improved. Seventh — The assessments made for making and repairing sidewalks and sidewalk curbing, and for paving, macadamizing, curbing and guttering all streets, avenues, alleys and other high- ways, and repairing the same, as herein provided, shall be known as special assessments for improvements, and shall be levied and collected as a special tax, and a special tax bill shall issue therefor, and shall be paid in the manner provided by or- dinance. Said special tax bills may bear interest after thirty days from the date of issue at the rate of eight per cent, per an- num, and every such special tax-bill shall be a lien against the lot or piece of ground described in the same until the same is paid. Eighth — Before the council shall make any contract for building bridges, sidewalks, culverts or sewers, or for paving, CHARTER. 6 I macadamizing, curbing, guttering or grading any street, avenue, alley or other highway, an estimate of the cost thereof shall be made by the city engineer or other proper oflficer and submitted to the council, and no contract shall be entered into for any such work or improvement for a price exceeding such estimate: Provided, that no such estimate shall be required for the mak- ing of any local or special repairs. Ninth — All special tax-bills issued for special assessments for paving, macadamizing, curbing, guttering, excavating, grad- ing, construction of sidewalks, and for district sewers, and for any other purpose whatever authorized by this act, shall be assignable and collectible in any action brought in the name of the city, to the use of the holder thereof; but the city shall not in any event be liable for any cost that may accrue in such action. Such spec- ial tax-bills shall, in any action thereon, he p7'ima facie evidence of the regularity of the proceedings for such special assessment, of the validity of the bill, of the doing of the work and of the furnishing of the materials charged for, and of the liability of the property to the charge stated in the bill. Tenth — The total cost of paving, macadamizing, curbing, guttering and the necessary excavation and grading for the same, as is now provided by law, of any street, avenue, square or alley, or other highway, or any part thereof, may be paid in three annual payments — one-third in one year, one-third in two years and one-third in three years — from the date of issue of the special tax-bills, each payment to bear not to exceed eight per cent, interest per annum from date of issue to date of payment : Provided, that the owner of any lot or parcel of ground fronting on such street, avenue, alley, or other highway or square, or part thereof, improved, shall, within thirty days after the letting of the contract for such work, notify the city clerk in writing that he desires to pay for the same in three annual pay- ments. In such cases, the city clerk, engineer or other proper ofifi- cer shall make out three special tax-bills, which shall be signed by the mayor and attested by the city clerk, each for one-third part of the cost of such work, bearing interest as aforesaid, which 62 CHARTER. rate shall be fixed by ordinance, and deliver the same to the contractor for the work. Each and every such tax-bill shall be a lien on the lot or parcel of ground therein described, and such lien shall continue for one year from the maturity of the tax-bill last becoming due until paid, or until the final determination of any legal proceeding to collect the same; but no such suit shall be brought on any such tax-bill until after the maturity of all such tax-bills. Sec. 109. The city council may, by ordinance, include in the special assessment the cost of bringing to the established grade any street, avenue, alley or other highway or square or area formed by the intersection or meeting of streets or other highways, or part thereof, proposed to be improved as herein provided, when in its judgment or opinion the general revenue fund of the city is not in a condition to warrant an expenditure therefrom for bringing the same to the established grade: Pro- vided, that the resolution declaring such work necessary to be done, and published in some newspaper published in the city, shall, in addition to the other work of improvement therein pro- vided for, include and describe the work of bringing such street, avenue, alley or other highway, or square, or part thereof, to the established grade. In all such cases where such work is au- thorized by virtue of such a resolution, and is contracted for in pursuance thereof, the bringing to grade as above described shall be included in the same contract with the other work pro- vided for therein, and tax-bills shall be issued in payment for all said work as may be provided for by ordinance. Sec. 1 10. When the council shall deem it necessary to pave, macadamize, gutter, curb (where such curbing is set out into the street beyond the sidewalk), or otherwise improve any street, avenue, alley or other highway or any part thereof, within the limits of the city, for which a special tax is to be levied, as herein provided, the council shall, by resolution, declare such work or improvements necessary to be done, and cause such resolution to be published in some newspaper published in the city, for two consecutive weeks; and if a majority of the resi- CHARTER. 6^^ dent owners of the property liable to taxation therefor shall not. within ten days thereafter, file with the clerk of the city their protest against such improvements, then the council shall have power to cause such improvements to be made, and to contract therefor, and to levy the tax as herein provided. No such pub- lication shall be necessary for the making of any sidewalk, but upon the petition of any ten citizens of the city, the council shall have power by ordinance to make contracts for the con- structing of sidewalks, including grading therefor, with or with- out curbing, along any street, avenue or other public highway, or any part thereof whatever; such contracts shall be let to the lowest and best bidder, upon plans and specifications filed there- for by the city engineer or other proper officer, with the city clerk — not less than one week's advertisement for bids thereon being made in some newspaper published in the city. When, upon proper advertisement, no bid is received the council may proceed as provided in section 113. No formality whatever shall be required to authorize the repairing of sidewalks, or of street or other paving, curbing, guttering, macadamizing or part thereof, or reconstructing the same, and making assess- ments therefor ; but the proper officer or committee on improve- ments may, without notice, cause such work to be done, keep- ing an account of the cost thereof, and reporting the same to the council for assessment, and each lot or piece of ground abutting on such sidewalk, street, avenue or alley, or part thereof, shall be liable for its part of the cost of such work made along or in front of such lot or piece of ground, as reported to the council. The council may provide a penalty for failure to pay such special tax within a given time, and any tax-bills issued in payment of such repairs shall constitute a lien upon the prop- erty liable therefor until paid. All costs for building and con- structing sidewalks shall be paid to the contractor therefor, in special tax-bills assessed against the abutting property liable therefor and such special tax-bills shall constitutea lien upon such property until paid, and shall bear interest at eight per cent, per annum from date of issue, except as provided in section 113. 64 CHARTER. Sec. III. The council shall hive power to create, open and improve any public square, street, avenue, alley or other highway, old or new, and also to vacate or discontinue the same whenever deemed necessary or expedient : Provided, that all damages sustained by the citizens of the city or the owners of the property therein shall be ascertained as pre- scribed in that portion of this act relating to the condemnation of private property for public use; and provided, further, that whenever any public square, street, avenue or alley or other highway shall be vacated, the same shall revert to the owners of the adjacent' lots in proportion as it was taken from them; and still further provided, that when, in the opinion of the council of such city, it is necessary to reopen such street, square, avenue, alley or other highway, they may order the same opened without expense to the city ; and when the grade of any street or alley shall have been once etablished by or- dinance, it shall not be lawful to change such grade without making compensation to all persons owning real estate on such street or square, avenue, alley, or other highway, who may be damaged by such change of grade, to be determined and gov- erned in all respects, with reference to benefits and damages, as is provided in this act. Sec. 112. In addition to the powers hereinbefore granted, the city council may, by ordinance or resolution, con- demn wooden and defective sidewalks, and may remove walks so condemned, and may provide for the construction of new sidewalks in the place of walks so condemned and removed. Sec. 113. Whenever the city shall advertise for bids for the construction of any new sidewalk of any kind, or for the construction of new sidewalks in the place of sidewalks con- demned, and shall receive no bids therefor, the city may pro- ceed to construct or reconstruct any such sidewalks at its own expense, and shall keep an accurate account of the amount expended for labor and material, including grading and filling opposite each lot or piece of ground, and present the same to the city council for assessment, and each lot or piece of ground CHARTER. 65 abutting on the sidewalks constructed or reconstructed shall be liable for the cost thereof, as reported to the council by the officer or committee provided by ordinance or resolution to do or have done such work. There may be as many assessments included in one ordinance as there are lots or pieces of ground reported as having received resulting benefits from the construc- tion or reconstruction of any such sidewalks, and the city clerk shall issue tax-bills payable to the city, against each lot or piece of ground for the amount for which it is liable. And all such tax-bills shall be assignable, a lien on the lot or piece of ground described therein until paid, and shall be collectible in any action brought in the name of the city to the use of the holder thereof, or in any action brought by the city in its own name and for its own use; but where any such tax-bill has been assigned, the city shall not in any event be liable for any cost that may accrue in such action, nor will the city be liable for the amount of any such tax-bill after the same is so assigned. Such special tax- bills shall, in any action thereon, h& prima facie evidence of the regularity of the proceeding for such special assessments, of tfie validity of the bill, of the doing of the work and furnish- ing of the materials charged for, and of the liability of the property to the charge stated in the bills. The council may provide by ordinance for a rate of interest on every such tax- bill, not exceeding ten per cent, per annum, from thirty days after the date of issue of same until paid ; but if not paid within six months after date of issue, then it may bear interest from date at the rate of fifteen per cent per annum until paid. Sec. 114. Whenever the council shall, by ordinance, provide for establishing, opening, widening, extending or alter- ing any street, avenue, alley, wharf, market place or public square, or route for sewer, either on its own motion or on the petition of the majority of the owners of the ground fronting thereon, and it becomes necessary for the purpose to take pri- vate property described in said ordinance, just compensation shall be paid therefor to the owner or owners of such property, 66 CHARTER. which the mayor shall be caused to be ascertained and assessed by a jury of six disinterested freeholders of the city, by pro- ceedings prescribed by ordinance, and as in this article pro- vided. The mayor shall have and exercise the power of a circuit court for conducting such proceeding, for the preserva- tion of order and enforcing process issued in the course of pro- ceedings, and may summon and compel the attendance of wit- nesses and jurors, and fine and commit any person guilty of misdemeanor or contempt, preside at the investigation and pass on the competency of evidence, and instruct the jury on ques- tions of law arising thereon. The city clerk shall issue process, and attend and record orders made by the mayor. Sec. 115. When any ordinance provides for taking private property, as authorized in the preceeding section, the council shall by ordinance, before any steps are taken to em- panel a jury, determine and prescribe the limits within which private property shall be deemed benefitted by the proposed improvement, and be assessed and charged to pay compensa- tion therefor ; and thereupon the city engineer shall make out and deliver to the mayor a statement, by plat, map or other- wise, containing a correct description of the several lots or parcels of property deemed benefitted and to be assessed to pay compensation, as provided by ordinance as aforesaid, and containing also the names of the owners or claimants of such lots or parcels of property, or of any interest or estate therein, who may be such at the time of the passage of the ordinance providing for the taking of such property. The mayor shall thereupon, by order, appoint a day or place for empaneling a jury to ascertain the compensation for the property to be taken, and to make assessments to pay the same. The city clerk shall then issue a notice, under his hand and seal of the city, which shall give the names of the owners of the property to be taken and state that their property will be taken for the purpose specified in the ordinance, giving the title and date of approval thereof, and that a jury will be em- paneled to make such assessment on the day and at the place CHARTER. 67 fixed by the mayor. Each property owner shall be served with the notice in which the name of such owner is given, either by delivery to such owner of a copy of the notice, or leaving such copy for such owner at the usual place of abode of such owner, with some member of the family of such owner over the age of fifteen years — corporations to be served in like manner as with summons in ordinary civil actions — or if ser- vice cannot be made on all or any of the parties, as aforesaid, within the city limits, the return shall so state, and the return on such notice shall be prima facie evidence of facts stated therein; thereupon a copy of the notice not fully served, or if necessary, an alias notice, specifying a different day to be fixed by the mayor for empaneling a jury, shall be published for four weeks before the day fixed for empaneling the jury, in the newspaper for the time doing the city printing. The mayor may continue the matter of empaneling a jury from time to time, and cause new notices to be issued or published for owners named by the engineer or others interested, until jurisdiction of the proper parties is obtained. An afifiaavit of any publisher of any notice, accompanied with a copy of the notice, shall be evidence of the fact of publication as stated therein. Service of the notice shall be made at least six days before the jury shall be empaneled ; publication shall be suf^c- ient if made for four weeks next preceding the empaneling of the jury. It shall be suflficient to bring in the owners of prop- erty who may be such at the date of the passage of the ordi- nance providing for the improvement, and all parties claiming or holding through or under such owners or any of them, shall be bound by the proceedings without being brought in ; in re- spect of any property affected by the proceedings through any or all of the parties claiming or holding through or under such owners, or any of them, may be joined on their own motion, or be brought in on order of the mayor. Sec. 116. The jury shall first ascertain the actual damage done to each person or corporation in consequence of taking their property for such purposes, without reference to the pro- 68 CHARTER. posed improvement, as the just compensation to be made there- for ; and second, to pay compensation, assess against the city the amount of benefit to the city and pubHc generally, inclusive of benefits to any property of the city, and against the several lots and parcels of private property deemed benefited, as de- termined according to the last section, by the proposed improve- ment, the balance of such compensation — each lot or parcel of ground to be assessed with an account bearing the same ratio to such balance as the benefit to each lot or parcel of ground bears to the whole benefit to all the private property assessed. Par- ties interested may submit proof to the jury, and the latter shall examine, personally, the property to be taken and assessed. The verdict of the jury shall be signed by each juror and de- livered to the mayor, and contain a correct dpscription of each lot or parcel of property to be taken, the names of the owners or claimants, and the value thereof, and also the amount as- sessed against the city, together with a correct description of each lot or parcel of private property assessed, and the amount assessed against the same, and the names of the owners thereof. The city engineer and city attorney shall, when required by the mayor, aid the jury to put their vCxdict in proper form ; and they shall not be discharged until the mayor is satisfied the ver- dict is correct in form. The mayor may adjourn the proceed- ings from time to time, until the matter is completed. If the jury cannot agree, the mayor may discharge them, and may proceed to empanel another jury to perform the duties devolv- ing on a jury by this article, and no notice to parties interested shall be necessary beyond the order of the mayor, recorded by the clerk; but the order to empanel a new jury must be made and recorded on the day of discharging any jury, and fix the time and place for empaneling a new jury, or nothing further shall be done under the ordinance. No compensation shall be made to any property owner who petitions for proceedings under this article. Sec. 117. When any one or more of the owners of property which it may be necessary to take for public use in the opening, CHARTER. 69 widening or extending any street, avenue, alley, wharf, park or route for sewer, by virtue of any ordinance of the city opening any such street, alley, avenue, wharf, park or route for sewer, shall propose to relinquish such properly without claim or dam- ages, on condition of exemption from payment of benefits for such improvements, or other conditions, the council may be authorized to compromise or agree with such persons, and to remit, abate and exempt from the payment of damages, on con- dition of benefits, wholly or partly, as equity may seem to re- quire, and proceed to condemn such other property as may not be relinquished for the purpose, and to assess the damages and benefits therefor, to and upon such other persons and property as may be damaged or benefited by such improvements, any- thing contained in this article to the contrary notwithstanding. Sec. 118. The mayor shall, after the rendition of ;he verdict, report the same, together with the proceedings under the last section, to the council; and if the same be not confirmed within sixty days from the making of such report, the proceed- ings and verdict shall be void, and new proceedings may be in- stituted at any time after the expiration of eight months from the making of such report. If the council, by ordinance, con- firm(ed) the verdict and proceedings under the two preceding sections, within sixty days from the report of the mayor, an appropriation shall be made to pay such sum as has been as- sessed against the city; and the amounts assessed by the jury against the property shall be a lien on the several lots and parcels of property charged, from the day the ordinance pro- viding for the improvement takes effect until paid and, if not paid within thirty days, [after] the confirmation, shall bear in- terest at the rate of fifteen per cent, per annum from the con- firmation of the verdict, and shall be collected by the city as provided by ordinance, by suit or otherwise, as any other spe- cial tax, or by special execution as follows, viz: A special tax- bill may be issued by the city clerk, under his hand and seal of the city, against any lot or parcel of ground assessed, which bill shall contain a description ot such lot or parcel of ground, the 70 CHARTER. names of the owners thereof, and the amount assessed against the same, as appears by the verdict, and state that the assess- ment has been made to pay compensation for private property taken for the purpose specified in the ordinance providing for the improvement, giving the title and date of approval thereof, and that such assessment has been confirmed by ordinance, giv- ing the title and date of approval of same; and the amount of such assessment shall bear interest as herein provided. Each tax-bill so issued shall be filed in the office of the clerk of the circuit court of >the county in which such city is located, and by such clerk recorded and indexed as a judgment in favor of the city against the property described in the bill. At any time after the filing and recording of any such tax-bill as aforesaid, a special execution my be issued thereon out of said circuit court in vacation or teim time, as on a judgment of the court in favor of the city ; which execution shall recite the tax-bill or the record thereof, and state when the bill was filed, and be di- rected to the sheriff of such county, and command him, in case the assessment, interest and costs be not paid to him, to sell the property therein described, or so much thereof as maybe neces- sary to pay such assessments, interests and cost<. The pro- ceedings under such special execution shall, as far as practica- ble, conform to the proceedings on special executions on ordi- nary judgment foreclosing liens on lands. Any sale, including the making of a deed by the sheriff to the purchaser, made as aforesaid, shall vest in the purchaser all the right, title, interest and estate in the land of the parties named as owners in the tax-bill, who have not paid their share of the assessment, and all parties claiming through or under them or any of them by operation of law or otherwise, shall be bound thereby. Tax- bills filed and recorded as aforesaid shall be subject to the order of the circuit court, and may be set aside, or the amount of the assessment reduced, on motion of any party interested in the property assessed, the city having reasonable notice of the filing of such motion and the object thereof If no title can be ac- quired under the proceedings to any of the property sought to CHARTER. 71 be taken, the court shall set aside any bill and assessment on motion. If by reason of any defect or omission in the proceed- ing the city cannot acquire title or right to any particular parcel of property, or to any interest in any parcel of property sought to be taken, the court shall, on the facts being made to appear, reduce the assessment by deducting therefrom so much thereof as was assessed on account of the property or interest in the property sought to to be taken, but not acquired, to be deter- mined, as far as practicable, from the verdict of the jury making the assessment, and award execution for the residue. No assess- ment shall be affected or interfered with for the reason that any other assessment or assessments made in the same proceedings may be invalid in whole or in part. Executions and proceed- ings thereon shall be under the control of the circuit court or judge thereof, as in ordinary civil cases. The owner of any in- dividual interest in any lot or parcel of property assessed may pay his share separately. No sale on execution, or any special tax-bill, shall be affected or invalidated because there may have been ground to set aside or reduce the bill. In the case of the death of any property-owner, pending any proceedings under this article, it shall not be necessary to bring in his representa- tive to revive judgment against him, though it may be done if advisable. The city may resort to all or any of the modes of collecting such assessments at the same time, but shall have only one satisfaction. Money collected on such assessments shall be used only to pay such compensation, and interest col- lected shall be apportioned and paid equitably to the owners of the property taken. Sec. 1 19. In case the city or any defendant to such proceedings shall feel aggreived by the verdict of the jury, such party so aggreived may, within twenty days from the time the verdict of the jury is confirmed by the council, appeal to the circuit court in and for the county in which such city is located. If the appeal is taken by either party the same shall be taken and perfected by the filing with the clerk of the city, within the time aforesaid, such an afifidavit as is required by law in ap- 72 CHARTER. pealing from the judgment of a justice of the peace. If an appeal is so taken, the clerk of said city shall, within fifteen days from the taking of such appeal, file a complete transcript of the proceedings, and all papers filed and used in the trial, certified by him, with the circuit court; and said curcuit court shall thereupon become possessed of the cause, and said cause, unless dismissed, shall be tried de novo in said court, and the parties thereto shall have a speedy trial thereof, and to that end said cause shall have precedence over all other causes ; and if necessary to a full determination of any questson arising in said cause, the circuit court shall have power to make and bring in other parties to such proceedings, on service of notice upon them for six days, or by publishing a notice to them for the same length of time in any daily newspaper published in the city, and the parties so made by either kind of notice, and all persons claiming under them, shall be bound by such proceed- ings ; and if such appeal is taken within fifteen days preceding any term of circuit court in said city, it shall stand for trial at such term; and if appealed during the sitting of such court, the case shall be immediately docketed upon the filing of the tran- script, and stand for trial, and shall at the same term and shall always stand for trial, and shall not in any case be continued to any succeeding term, but, for good cause, may be postponed from week to week, in the discretion of the circuit judge; and the said circuit court shall always be open for the trials of appeals in such cases, and the judge of the said circuit court shall have power, and it shall be his duty, to hold a sitting of the court for the speedy trial thereof, at the court-house in said city, at any time in vacation, and summon a jury before him, unless a jury is waived, for the trial of such appeals — only such trials to be had in all respects and subject to the same rules and the same law, as other trials had in the circuit court, and the same record thereof made and kept. The verdict of the jury, or the finding of the circuit judge sitting as a jury, as the case may be, shall conform in all respects to the requirements for the government of the jury making the first assessment, and the CHARTER. 73 verdict shall have the same force and effect as is provided in regard to said first verdict, and shall be binding on the parties, and the assessment against private property shall be paid in the same time, and until paid, bear the same rate of interest as is above provided ; and the amount assessed by the jury against property shall be a lien on the several parcels of property charged, from the day the ordinance for the improvement takes effect until paid ; and if such assessments are not paid within ten days from the riling of the verdict of the jury, a special execution shall issue against the several lots or parcels of land against which assessments for benefits are so made, which exe- cution shall specify and show a description of the lot, the Oivner thereof, and the amount assessed against the same, as shown by the verdict of the jury, and state that the assessment has been made to pay compensation for private property taken for the purpose specified in the ordinance providing for the improvement, and be directed to the sheriff of such county, and commanding him, in case said assessment, interest and costs be not paid to him, to sell the property therein described, or so much thereof as may be necessar}- to pay such assessment, interests and costs. The proceedings under said execution making a deed to the purchaser, shall conform to ordinary pro- ceedings on special executions issuing out of said cour*" in ordinary cases ; and the said proceedings, sale and deed shall have the same effect and force as is stated in section 1 18. Said execution shall issue in favor of said city, and when paid, the money shall be held by said city as a special fund for the pay- ment of damages assessed for property taken under said pro- ceedings. On appeal under this section, the jury shall consist of six men, freeholders of the city, and any finding or verdict in that court shall, unless set aside for good cause, be confirmed, and judgment entered thereon, that the city have and hold the property sought to be taken for the purposes specified in the ordinance providing for the improvement, and pay therefor the amount assessed against the city, and full compensation assessed therefor, and that the several lots and parcels of private prop- 74 CHARTER. erty assessed tc pay compensation by the verdict or finding stand charged and be bound, respectively, for the payment of assessments, with interest as provided in this article; and such judgment shall be enforced by special execution to collect assessments as aforesaid, without special tax bills; and the court or judge may, by execution or otherwise, put the city in pos- session of the property taken, or any part thereof, the full com- pensation therefor being paid or tendered. Appeals shall be taken to said circuit court of the district in which such city is located, and the court shall tax and charge costs in appeals according to equity. Sec. 120. As soon as practicable after the confirmation of any verdict by the council, the city clerk shall file a full record, in a book provided for that purpose, of such proceed- ings, which record shall contain correct copies of all ordinances constituting a part of the proceedings, ihe notices to the parties to the proceedings, and returns thereon; all notices published and the proof thereof, all orders by the mayor, the names of the jurors and when empaneled, and the verdict of the jury, and such other documents and matters as the ordinances of the city may require. The mayor shall examine such final record of such proceedings, and, if it be correct, sign the same; and there- after such record, or copy thereof, certified by the city clerk, under his hand and the seal of the city, shall be competent evi- dence in all courts of this State of facts stated therein. The original papers shall be carefully preserved by the city clerk. The city shall pay all costs of the proceeding to take private property, except costs of the proceedings to collect assessments, which shall be taxed and paid as costs in ordinary cases. If the city fail to collect any assessment, in whole or in part, it may pay the amount so not collected out of the city treasury. The compensation of officers for services rendered in pursuance of the foregoing sections shall be fixed by ordinance. Sec. 12 1. Whenever it is deemed necessary by the coun- cil to change the name of any street or avenue, the council shall, by resolution, declare such proposed change of name necessary CHARTER. 75 to be made, and shall cause such resolution to be published at least one week in some newspaper published in the city; and if, within lour weeks after such publication, a majority of the resi- dent property owners along the line of such street or avenue do not file with the city clerk '.heir written protest against .such proposed change of name, then the council shall have power by ordinance to change the name of such street or avenue in ac- cordance w th the terms of such resolution; and upon the pas- sage and approval of such ordinance, the city clerk shall file with the recorder of deeds of the proper county a certified copy of such ordinance, and such recorder shall enter the same upon the records of such county. Sec. 122. For any purpose or purposes mentioned in the preceding sections, the council shall have power to enact and make all necessary ordinances, rules and regulations; and they shall also have power to enact and make all such ordinances and rules, not inconsistent with the laws of the State, as may be ex- pedient for maintaining the peace and good government and welfare of the city and its trade and commerce ; and all ordi- nances may be enforced by prescribing and inflicting upon its inhabitants, or other persons violating the same, such fine not exceeding one hundred dollars, and such imprisonment, not ex- ceeding three months, or both such fine and imprisonment, as may be just for any offense, recoverable with costs of suit, to- gether with judgment of inprisonment, until the fine and co-ts are paid or satisfied ; and any person committed for the non- payment of fine and costs, or either, may be compelled to work out the same as hereinbefore provided : Provided, that such city shall have power, in any case wherein the penalty for an offense is fixed by any statute, to afifix the same penalty by ordi- nance, and no other, for the punishment of such offense, except that imprisonments, when made under city ordinances, may be in the city prison or work-house insiead of the county jail. Sec. 123. Any person who shall violate any of the pro- visions of this act, for the violation of which no punishment has been provided, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished according to law. 76 CHARTER. Sec 124. The repealing of article 4, of chapter 30, of the Revised Statutes of 1889, and all amendments thereto, by this act, and passage of this act in lieu thereof, shall in nowise affect the organization of cities operating under the laws so re- pealed, as cities of the third class, nor shall it require the [re"]- organization of any such cities, but they shall continue as before in every respect, only observing the changes herein made, and the present recorders in such cities shall, during thefr ofificial terms, discharge the duties of police judges, as in this act pro- vided. Sec. 125. The laws for the government of cities of the third class in this State being defective and inadequate, and the general municipal elections of such cities being near at hand, an emergency exists within the meaning of the constitution, requir- ing this act to take effect immediately; therefore, this act shall take effect and be in force and effect from and after its passage and approval. Approved April 19, 1893. MISCELLANEOUS. J J MISCELLANEOUS. ADOPTION OF THIRD CLASS CHARTER. An Ordinance providing for the incorporation of the City of SedaHa under, by virtue of, and in accordance with the general charter, as provided by law for cities and towns in this State containing five thousand and less than twenty thousand inhabitants. Be it ordained by the Mayor and Board of Aldermen of the City of Sedalia, iMissouri, as follows, to-wit: Section i. That the City of Sedalia, Missouri, be, and the same is hereby incorporated under and by virtue of the gen- eral charter, as provided by law, for cities and towns of this State, containing five thousand and less than twenty thousand inhabitants. Sec. 2. This ordinance shall take effect and said city shall become a city of the third class, and shall work under and be governed by, the charter provided for cities of the third class in this State from and after the 22nd day of March, A. D. 1 886 ; Provided, this ordinance shall be ratified by a majority of the legal voters of said city, at an election, to be held in said city, on said 22nd day of March, 1886, at such place or places as the mayor of said city may designate; said election to be conducted by judges to be appointed by the mayor of said city. The manner of voting shall be by ballot which said ballot shall con- tain the following words, viz: *Tn favor of incorporating the City of Sedalia, Missouri, as a city of the third class Yes. No." And if a majority of those voting at said election vote Yes, then said ordinance shall be considered ratified. 78 MISCELLANEOUS. Sec. 3. The expense of said election shall be borne by said City of Sedalia. Passed by the board of aldermen March ist, 1886. Jno. D. Russel, President. Approved March 2nd, 1886. John B. Rickman, Mayor. An election was held under the provisions of the above or- dinance and carried by the necessary and requisite vote, since which time the city has been working and operated under the general law for .the government of third class cities. EXTENSION OF CITY LIMITS. An Ordinance providing for the extension of city limits. Be it ordained by the Council of the City of Sedalia, as follows, to-wit: Section i . That the limits of the City of Sedalia are hereby extended, so that the boundary line of the limits of the City shall hereafter be as follows : Commencing at the north- west corner of the south-east quarter of the north-west quarter of section thirty-five, in township forty-six, and range twenty- one in Pettis County and State of Missouri; thence west along the government line to the north-west corner of the southeast quarter of the northeast quarter, in section thirty-two, in said township forty-six, and range twenty-one in said county; ihence south along the government line to the north-west cor- ner of the south-east quarter of the south-east quarter in sec- tion eight, in township forty-five, and range twenty-one, in said county ; thence east along the government line to the north- west corner of the south-east quarter of the south-west quarter of section eleven, in said township forty-five, and range twenty-one in said county ; thence north along the government line to the south line of Broadway and city limits ; thence east one hundred and ninety feet, more or less, to a rock marking the corner of front corporation limit; thence north along the MISCELLANEOUS. 79 city limits to the northeast corner of Heard's first addition to East SedaHa; thence west to the southeast corner of the south-west quarter of the south-west quarter of sec- tion thirty-five, township forty-six and range twenty-one ; thence north to the north-west corner of the south- west quarter of the north-west quarter, in section thirty- five in township forty-six and range twenty-one, to the place of beginning. Sec. 2. There shall be held an election in the various wards throughout the city on Tuesday, 29th day of May, 1888, for the purpose of obtaining the consent of the legal voters of the city, to the extension of the limits of the city, provided by section i, of this ordinance. Said election shall be held at such places in the various wards as shall be designated by the mayor ; and the mayor shall appoint the necessary judges and clerks and furnish bal- lots, poll books and ballot boxes, and shall, by proclamation, give notice of said election, which proclamation of the mayor, shall be published for fifteen days in the Sedalia Daily Demo- crat, a newspaper published in the city and doing the city print- ing, and such other newspapers published in the city as the mayor may select, and said election shall in all other respects be held under the provisions of the general election laws of the State, and the result of the election shall be spread by the city clerk upon the records of the city council, and the result shall be pro- claimed by the mayor, within two days after the election, in the paper doing the city printing. Sec. 3. All persons voting at the election held under the provisions of this ordinance who are against the extension of the city limits, as provided in this ordinance, shall have written or printed on their ballots "Against the Extension of the City Limits," and all who are in favor of the extension of the city lim- its as provided in this ordinance, shall have written or printed on their ballots, "For the Extension of the City Limits." 8o MISCELLANEOUS. Sec. 4. This ordinance shall take effect and be in force from and after its passage. Jno. D. Crawford, Mayor and President of Council. [Attest.] A. H. Thompson, City Clerk. Approved this iith day of May, 1888. Jno. D. Crawford, Mayor. FRANCHISES. An Ordinance to provide for a supply of water for the City of Sedalia, and the inhabitants thereof. Be it ordained by the Council of the City of Sedalia, as follows, to-wit : Section i . That there is hereby given and granted to Quig- ley & Co., of St. Louis, their successors or assigns the exclusive right and privilege for the term of twenty-one years, from the date of the passage and approval of this ordinance, of supply- ing the City of Sedalia, in the State of Missouri, with water for the prevention and extinguishment of fires, and for all other purposes for which water may be used in accordance with the terms and conditions set forth in this ordinance. Sec. 2. The said Quigley & Co., their successors or as- signs, are hereby authorized to establish, construct, maintain and operate said works, in or adjacent to the City of Sedalia, to receive, take, store, purify, conduct and distribute said water through the city, to construct and extend aqueducts, mains and pipes through any or all the streets, alleys, lanes and public grounds, and cross any stream or bridge in said city; to erect and maintain all engines, machinery and other appliances neces- sary for the conducting and for supplying the said city and the inhabitants thereof with water for the purposes herein men- tioned, and for such purposes the said Quigley & Co , their MISCELLANEOUS. 8 1 successors or assigns, shall have the exclusive right to take up any pavements or sidewalks in, or adjacent to said city, and make such excavations as may be necessary to lay, repair and maintain aqueducts, mains and pipes below the surface of the ground for conveying and distributing the water as aforesaid, in and through the present and future limits of the City of Sedalia, subject to the approval of the street and alley committee: Provided, that the said Quigley & Co., their successors or as- signs, shall suitably guard and protect such excavations, so as to prevent injury to persons and property by reason thereof; and shall hold the city harmless from all damages arising there- from ; and provided further, that such excavations shall be re- filled and such pavements and sidewalks be replaced in as good condition as before, and as soon as possible thereafter as the circumstances will permit. All rights and liabilities herein pro- vided shall be in force during the term and continuance of this franchise. Sec. 3. The fire hydrants to be put in under the provisions of this ordinance, shall be at such points on the present or im- proved lines ot the mains as may be designated by the mayor and city council. All mains to be put in shall be of standard weight and strength water pipe, and covered by sufficient depth of earth to prevent freezing. The pumping machinery, stand towers and reservoirs shall be as follows: The aggregate pumping capacity of machinery to be placed in said works shall be not less than four and one- half million (4,500,000) gallons in twenty-four hours. Said pumping machinery shall be of the most approved pattern. There shall not be less than four steel boilers placed in such water works, and so constructed that they may be operated either separately or together; and said boilers shall be of such size and capacity, that any two of which with easy firing shall be capable of running all of said machinery. There shall be not less than two steel towers erected in different parts of the city, thereby equalizing the presure on the mains, neither of which shall be less than one hundred and 82 MISCELLANEOUS. twenty-five (125) feet high, and have a capacity of not less than one hundred and fifty thousand (150,000) gallons. Stand towers to be erected on a masonry foundation, laid in cement, not to exceed three feet above the surface of the ground. Base of stand towers to be anchored to the masomy by not less than six brackets, that shall extend not less than six feet from sides of tower. The outer ends of the brack- ets to be secured to heavy cast iron bed plates under masonry, not less than twelve feet below base of tower. The bases, and tops of stand towers shall be tastefully orna- mented. The present dam, or reservoir shall be not less than doubled. There shall be constructed in addition to the above a settling reservoir, which shall have a capacity of not less than fifty mil- lion gallons of water. There shall be erected in addition to the machinery herein- before mentioned, low service pumping machinery, of not less than five millions (5,000,000) gallons capacity in twenty-four hours, for the purpose of pumping water from the storage res- ervoir into the settling reservoir. All water, after leaving settling reservoir, and before being pumped into mains, shall be filtered through the most ap- proved appliances for that purpose. And there shall be a pres- sure on the mains at all times, barring accidents, of not less than fifty pounds to the square inch. Sec. 4. The City of Sedalia hereby agrees to rent, and does rent, one hundred and twenty-five ( 125) fire hydrants, when erected and in use, from the said Quigley & Co., their succes- sors or assigns, for the full term and continuence of this contract and ordinance, at the annual rental of seven thousand five hun- dred ($7,500) dollars, payable semi-annually on the first days of February and August of each year. All hydrants to be put in under the provisions of this franchise shall be erected, main- tained and kept in repair, by and at the cost and expense of said Quigley & Co., their successors or assigns. Sec. 5. For all extensions of mains and hydrant con- MISCELLANEOUS. 83 nections, ordered by the council of the city of SedaHa, the said Quigley & Co., their successors or assigns, shall erect at the rate of not less than ten fire hydrants to the mile, and for all such hydrants the said city of Sedalia agrees to pay the i:aid Quigley & Co., their successors or assigns, an annual rental of forty-five dollars each, the same to be paid semi-annually on the first days of February and August of each year; but if the private consumption per annum on any extension shall average fi^ty ($50) dollars per block, said Quigley & Co,, their suc- cessors, or assigns, shall put in such extension, and the city in such cases shall not be required to put fire hydrants thereon. Sec. 6. In addition to the furnishing water for the pre- ven'ion and extinguishing of fires, as heretofore specified, the said Quigley & Co., their successors or assigns, shall furnish water to the city and the inhabitants thereof living or doing business along the mains or pipes for all purposes, and in ac- cordance with such rules and regulations as may be deemed necessary to the successful operation of said works. Water shall be furnished the Missouri Pacific and other railroads at such rates as may be agreed upon by and between the railroad company, the city council and the water company. All city buildings shall be furnished with water free of charge. Water rates to private consumers or railroads shall not exceed the published rates of St. Louis or Kansas City, one of which shall be adopted within sixty (60) days after the adoption of this ordinance, and all rules and regulations governing consumers and plumbers shall be similar to those in other like places, and any valid contract for water now existing between the city of Sedalia and Missouri Pacific Railway Company, and Sedalia Brewing Company shall be carried out by said Quigley & Co., their successors or assigns. And the city council of the City of Sedalia shall enact all ordinances necessary for the protection of said works and property. Sec. 7. The City of Sedalia shall have the right to ac- quire by purchase, and become the sole owner of said works, and all extensions thereof, and all the buildings, machinery and 84 MISCELLANEOUS. acquirements of every description, appertaining to said water- works, at any time after the expiration of twenty (20) years from the adoption of this ordinance upon giving one year's no- tice to the owners of said works, upon paying therefor to the owners thereof the vakie of said property, which shall be ascer- tained by appraisement as follows : The city shall select one appraiser, and the owner or own- ers of said works shall select another appraiser, and the two ap- praisers so selected shall select the third appraiser; or, if they can not agree upon a third appraiser, such third appraiser shall be selected by the judge of the United States district court of this district, and these three persons so determined upon shall appraise the property at its then cash value, which appraise- ment shall be binding upon both parties as to the value thereof ; and the said City of Sedalia shall have the right to purchase and become the absolute owner of said property at such ap- praised value ; Provided, if such property be encumbered or mortgaged at the time, then said purchase shall be made subject to said encumbrances or mortgages, and the amount of all such encumbrances and mortgages shall be deducted from such ap- praised value, and only the balance or difference be paid to the owners of such works and property ; and in case the said City of Sedalia does not purchase and become the owner of such works and property at the end of twenty-one (21) years, for which th's ordinance and rights are granted, then all the rights, privileges and agreements herem specified shall be renewed and extended to the said Quigley & Co., their successors or assigns, for another period of twenty-one (21) years, and renewed every twenty-one (21) years thereafter, subject to the rights of said city to pur- chase the works, as aforesaid ; and provided, that such exten- sions shall not deprive the city of the right to purchase said prop- erty and franchise, as herein above provided, at any time after the expiration of twenty (20) years from the adoption of this ordi- nance. Sec, 8. The City of Sedalia hereby agrees that it will proceed without delay, on the request of said Quigley & Co., I MISCELLANEOUS. 85 their successors or assigns, to exercise its rights under the stat- utes of the State of Missouri, in the matter of the condemnation of any lot, parcel, or piece of ground, or of water privilege, that may be necessary to the proper and convenient construction, maintenance and operation of the system of water works con- templated in this ordinance: Provided, that the said Quigley & Co., their successors or assigns, pay all costs and expenses incident thereto, including all cost of property so condemned, and damages on account of such condemnation, and. Provided, furtJier, that the right to the free and exclusive use of all the property so condemned shall rest and remain in the said Quigley & Co., their successors or assigns, so long as this ordinance and contract shall remain in force and effect. Sec. 9. The said Quigley & Co., their successors or as signs shall begin work within thirty days from the passage and approval of this ordinance, and faithfully prosecute the same, to a completion before twelve months from such passage and ap- proval. Sec. 10. Said Quigley & Co., their successors or as- signs, shall, on or before the fourteenth day of March, 1887, file with the city clerk their written acceptance of this franchise, and deposit with the city treasurer five thousand ($5000) dol- lars as a guarantee that they will pay, on or before May first to the treasurer of the City of Sedalia, ninety-five thousand ($95,000) dollars more, which amounts the city shall receive in payment in full for the water works, together with mains, hydrants, pipes, machinery, lands, dams, water privileges, and everything pertaining thereto, free from all obligations, debts and demands whatever; and the said city shall turn over to the said Quigley &Co., their successors and assigns, as above, all of the said works on May first, 1887, and if said ninety-five thou- sand ($95,000) dollars shall not be paid as above provided, the said Quigley & Co., their successors or assigns, shall forfeit the said sum of five thousand ($5000) dollars and all rights thereto. 86 MISCELLANEOUS. Sec. II. In the event the said Quigley & Co., their suc- cessors or assigns, fail or refuse to comply with the terms and conditions of this franchise, it may work a forfeiture of the same, provided said failure is not caused by unavoidable circum- stances or accidents. But notwithstanding such forfeiture, the city shall thereafter have the right to take water for the use of the city fire depart- ment from all fire hydrants then in use without pay or compen- sation therefor, as well as for all city buildings, and the said Quig- ley & Co., their successors or assigns, shall be bound to fur- nish the water as before the forfeiture. Sec. 12. The said Quigley & Co., their successors or assigns, shall take possession of the present water works and water system now owned by the said city, on or about May first, 1887, and collect thereafter all water rates and all licenses in said city, and said city shall pay to said Quigley & Co., their successors or assigns the proportion of all water licenses collected by said city for use of water after that date, and said Quigley & Co., their successors or assigns, shall comply with the obligations of said city, and furnish water to consumers for the time for which license may have been collected, barring all unavoidable accidents. Sec. 13. All ordinances and parts of ordinances in con- flict with this ordinance are hereby repealed. Sec. 14. This ordinance shall take effect and be in force from and after its passage. Passed by the Council March 8th, 1887. E. W. Stevens, President. Approved March 9th, 1887. E. W. Stevens, Mayor. [seal] [Attest.] A. H. Thompson, City Clerk. MISCELLANEOUS. 87 ELECTRIC RAILWAYS An Ordinance granting the right of way to, and authorizing the Electric Railway, Light and Power company, of Seda- lia. Missouri, to construct, maintain and operate a street electric railway, upon certain streets, public squares, ave- nues and alleys in the City of Sedalia. Be it ordained by the Council of the City of Sedalia, Missouri, as follows, to-wit : Section i . That the right, consent and authority of the City of Sedalia is hereby granted and confirmed to the Elec- tric Railway, Light and Power company of Sedalia, Missouri, an incorporated company, organized under the laws of the State, to construct, maintain and operate a street electric rail- way in said City of Sedalia, Missouri, its successors and assigns, to construct, operate and maintain a street railway with all nec- essary tracks, switches and appliances, over and upon all the streets, public avenues and alleys of the City of Sedalia, herein- after named and designated : Provided, that such railroad shall not be located by said company on any street and alley herein- after named, or any part of the same, until a majority of the resident owners of land abutting upon such street or alley or portion thereof, shall first assent thereto in writing. SCE. 2. The cars on said railway shall be propelled by electric power or energy only. Sec. 3. The following route, for the construction, main- tenance and operation of said electric street railway, is hereby established, to-wit: Beginning on Ohio street, at the southern line of the right of way of the Missouri Pacific railway, and running thence southwardly on Ohio street to the south line of the city limits ; also running from the middle line of Ohio street, westwardly on Main street to the city limits, and also from the middle line of Ohio street eastwardly on Main street to Washington avenue ; also from the middle line of Ohio street, running west on Fifth street to the city limits; and from the middle line of Ohio street 88 MISCELLANEOUS east on Fifth street to the city limits ; also from the middle line of Fifth street, running northwardly on Kentucky street to Main street, thence ^\est on Main street to the middle line of Moni- teau street, and from thence northwardly on Moniteau street to the city limits ; also running from said middle line of Fifth street southwardly on Kentucky street to the city limits ; also from the middle line of Ohio street west on Seventh street to the city limits ; also from said middle line of Ohio street east on Seventh street to Lafayette, avenue ; also from the middle line of Ohio street,' running east on Thirteenth street to the city lim- its ; also running from the middle line of said Thirteenth street, northwardly on Lafayette avenue to the right of way of the M., K. & T. railway; also running from the middle line of said Thirteenth street northwardly on Ingram avenue to Broadway ; also from the middle line of Ingram avenue east on Tenth street to Hancock street, thence northwardly on Hancock street to Fifth street; also running from the middle line of Hancock street west on Broadway to the right of way of the M., K. & T. railway; and from said middle line of Hancock street east on Broadway to the city limits ; also running from the middle line of Fifth street northwardly on Engineer street to the north line of the city limits ; and from the middle line of Fifth street southwardly on Engineer street to the city limits; also from the middle line of Fifth street, south on New York avenue to the city limits, and from the middle line of Fifth street north on New York avenue to the city limits ; also running from the mid- dle line of Ohio street westwardly on Sixteenth street to the city limits ; also from the middle line of Ohio street eastwardly on Sixteenth street to the city limits ; also running from the middle line of Sixteenth street south on Vermont street to Eighteenth street ; thence west on Eighteenth street to Grand avenue ; also running from the middle line of Ohio street west on Twen- tieth street to the west end thereof ; also running from the mid- dle line of Ohio street east on Twentieth street to the east end thereof; also running from the middle line of Twentieth street north on Missouri avenue to the north line of the city limits; MISCELLANEOUS. 89 also from the middle line of Missouri avenue running eastwardly on Pettis street to Lamine street; also running from the middle line of Main street southwardly on Osage street to Broadway; also from said middle line of Main street northwardly on Osage street to the south line of the right of way of the Missouri Pa- cific railway; also running from the middle line of Main street southwardly on Lamine street to Fifth street; also running from the middle line of Main street southwardly on Washington ave- nue to Seventh street; also running from the north line of the city limits southwardly on Grand avenue to the south line of the city limits; also running from the middle line of Ohio street, eastwardly on Third street to the city limits ; also from the mid- dle line of Ohio street westwardly on Third street to the city limits; also running from the middle line of Grand avenue east on Tenth street to Ingram avenue ; also running from the mid- dle line of Grand avenue east on Thirteenth street to the mid- dle line of Ohio street; also running from the middle line of of Ohio street westwardly on Fifteenth street to Grand avenue. Sec. 4. The depots, stations and turnouts and switches of said railroad so far as the same can now be determined are hereby located as follows, to-wit : The power station and depot is hereby located on the south side of Broadway street and im- mediately east of the Missouri, Kansas and Texas Railway right of way. This being a street railway, there are no passenger depots or stations. The switches and turnouts are hereby lo- cated as follows: On Ohio street, one between the Missouri Pacific railway track and Main street ; one between Fourth and Fifth streets; one between Tenth and Eleventh streets, and one beetween Nineteenth and Twentieth streets ; one on Thirteenth street east of Lafayette ; one on Hancock north of Broadway : one on Engineer street between Engineer and Wagner ; on Grand avenue between Fourth and Fifth streets, Tenth and Eleventh and between Nineteenth and Twentieth streets; on Lamine between Fourth and Fifth streets ; on Kentucky between Fourth and Fifth, Tenth and Eleventh, Nineteenth and Twen- tieth streets ; on Fifth between Washington avenue and Lafay- 90 MISCELLANEOUS. ette avenue, and between Harrison and Missouri avenues ; on Seventh street between Washington avenue and Lafayette, and between Harrison ar'd Missouri avenues and Moniteau and Ver- mont streets. Sec. 5. The said Electric Railway, Light and Power company, its successors and assigns, are hereby granted the right to construct, establish, operate and maintain m said city an electric system of power for lighting and street raihvay pur- posts, with the right of way along, over and under the streets, avenues, alleys and public grounds and areas of said city, for the purpose of erecting, establishing, operating and maintaining all wires, posts, poles, brackets, guys, supports, fixtures and conduits necessary or pertaining to said business and to the con- veyance of electric energy, subject to all reasonable rules and regulations that the city council may deem necessary from time to time to make. Sec. 6. The rights, privileges and franchises hereby granted to said Electric Railway, Light and Power company, shall be held by them for the term of fifty years from the date of the passage of this ordinance. Sec. 7. The tracks of said railway shall be laid on an even grade with the existing grades of all squares, streets and highways through, over and across which said railway may be constructed, so as to admit of the safe and easy passage of ve- hicles, and not in any manner to unnecessarily hinder or ob- struct the use of the streets. Sec. 8. It shall be the duty of the city engineer to give to the said conipany said grade and superintend and see that the tracks when laid conform to said grade as aforesaid, and when so laid the company shall not be required to alter or change the same unless said grade be changed by ordinance, duly passed by the city council, and shall in no case be required to alter or change the grade of any part of any street at their expense, except the parts actually occupied by its tracks, and one foot outside of each rail, and the city shall in no way be liable to said company or its successors or assigns for any dam- .1 I MISCELLANEOUS. 9 1 ages on account of any change of grade or pavements, in any streets or alleys. Sec. 9. Said company shall at all times keep in good re- pair and condition all portions of said streets and squares occu- pied by its tracks, turnouts and switches, and for the space of one foot outside of each rail thereof for the convenience and safety of public travel. Sec. 10. When the said company lays its tracks on any street or square at the time paved, it shall at its own expense relay the paving on that part of such street occupied by its tracks, and one foot on the outside of each rail thereof so as to conform to the grade, making all needed repairs with like ma- terial used in said paving. Sec. II. Said railway shall be kept in good repair and order by said company, and shall be operated at all reasonable time for the use of the public, at least one car being run on the road every fifteen minutes between the hours of 6o'clock a. m. and II o'clock p. m. of each day. Each passenger may be required to pay fare during said hours not exceeding five cents, and be- tween II o clock at night and 6 o'clock in the morning a fare not exceeding ten cents for a continuous passage over any entire line or any part thereof ; Provided, that children under 5 years of age, accompanied by a parent or guardian shall ride free. The term "entire line" as used in this section shall include all branches from the main line over which cars from the main line are run, and said company shall give one transfer ticket, when necessary to enable a passenger to complete his journey over any one of such branches from the main line only, or from such branch to the main line ; Provided, that said limit of fifteen min- utes in running its cars shall not apply to streets in any portion or portions of the city where the convenience of the public may not require them to run oftener than every thirty minutes. Sec. 12. The said company shall hold the said city harmless for all costs and damages, including reasonable attor- ney's fees, by reason of the construction and operation of said railway, and nothing contained in this ordinance shall have the 92 MISCELLANEOUS. effect to release said company from its liability for any and all damages sustained, by reason of said occupation of said public streets and areas, or by reason of any negligence of any of its employes, or from any reason that would render them amena- ble to the law. Sec. 13. The cars of said company shall at all times be entitled to the track, and the driver of every vehicle shall turn out when any car comes up, but all carriages and vehicles shall have full right of way over and along said tracks, but so as to not unnecessarily interfere with the free and unobstructed run- ning of the cars thereon. Sec. 14. Nothing in this ordinance shall be held or con- strued to interfere with the right of way of the city at any and all times to lay water-pipes, and construct sewers and drains in and along any of said streets, and make any other necessary improvements therein, or to, or in any manner, abridge or impair any of the rights or franchises heretofore granted to any person or corporation for any purpose whatever, or to grant franchises to other persons or companies for the construction of street railways. Sec. 15. The consent, authority and right of way granted by this ordinance to said company to construct and operate said street railway, is upon the express condition that the said company shall, before locating a railway on any street, procure the assent in writing of a majority of the property owners of such street, and before said company shall construct any such railway, they shall pay all damages that may be assessed in favor of any property holder on such street, as pro- vided by law. Sec. 16. Within thirty days after the passage and ap- proval of this ordinance the said Electric Railway, Light and Power company, shall hie with the city clerk of said city its acceptance in writing of all the provisions of this ordinance, and shall execute to the City of Sedalia a bond in the sum of five thousand dollars, to be approved by the mayor, guarantee- ing the building of at least two miles of railway within four MISCELLANEOUS. 93 months, and at least two miles more within nine months from the taking effect of this ordinance, unless they are prevented by any injunction proceedings, strikes, failure to ptocure assent of property owners as required by law, or unavoidable causes; said acceptance, when so filed, shall be lecorded in the book of ordinances, and safely kept by the city clerk. Sec. 17. On all streets said railway shall be so con- structed and maintained as to enable carriages, wagons and other vehicles to cross the same without unnecessary danger or inconvenience at all places along the line thereof, and especially at the crossings of the streets. All poles shall be of the best quality, uniformly painted and planted along the curbs, and under the direction of and to the satisfaction of the city en- gineer, and the wires shall be at the standard heighth from the ground. Sec. 18. If at any time the City of S'^dalia shall im- prove any of the unpaved streets upon which said company may have laid its tracks, by paving the same, or by repaving a street already paved, said company shall at the same time grade, pave and improve its tracks, and one foot on the outside of each rail thereof, at its own expense and in the same man- ner and with like material as said city paves or improves said street, and if said company refuses or neglects to improve such right of way, the city reserves the right to remove from such street all the tracks of said company and improve and pave such street and right of way, as though no car tracks had been laid on such streets, and said city shall not be liable to said com- pany for any loss or damage on account of the removal of such tracks. Sec. 19. In case the said Electric Railway, Light and Power company, its successors or assigns, fail or refuse to com- ply with the terms and conditions of this franchise, it may work a forfeiture of the same ; provided, such failure is not caused by unavoidable circumstances or accidents. Sec. 20. This ordinance shall take effect and be in force from and after its passage. 94 MISCELLANEOUS. Passed by the council of the City of Sedalia, Missouri, this 17th day of March, 1890. Jno. D. Crawford, Attest: President of the Council. A. R. Eaton, Jr., City Clerk. Approved March i8th, 1890, John D. Crawford, Mayor. We, the undersigned, W. E. Sterne, pr'^sident, and D. C Metsker, secretary, of the Electric Railway, Light and Power company, of Sedalia, Missouri, do, as authorized by the resolu- tions of said company, duly adopted at a meeting of the board of directors, at the office of said company, on the 28th day of March, A. D., 1890, agree to, and accept all of the provisions of an ordinance passed by the council of the City of Sedalia, State of Missouri, on the 17th day of March, A. D., 1890, and entitled "An ordinance granting the right of way to and au- thorizing the Electric Railway, Light and Power company, of Sedalia Missouri, to construct, maintain and operate a street electric railway upon certain streets, public squares, avenues and alleys in the City of Sedalia," and also file the bond re- quired by said ordinance. Done by virtue of a resolution of the board of directors .of said company, accepting all of the provisions of said ordinance, and authorizing and directing the filing of said bond this 28th day of March, A. D., 1890. The Electric Railway, Light and Power Company, of Sedalia, Missouri. W. E. Sterne, President. [seal.] Attest, D. C. Metsker, Secretary. Filed March 29th, 1890. A. R. Easton, jr., City Clerk. RULES OF THE COUNCIL. 95 RULES OF THE COUNCIL OF THE CITY OF SEDALIA. THE FOLLOWING RULES AND ORDER OF BUSINESS SHALL GOVERN THE COUNCIL IN ITS DELIBERATIONS. ARTICLE I. OF THE COUNCIL. Section i. It shall be the duty of each member of the council to be present at each meeting of the council unless leave of absence be granted, or he be sick and unable to attend. Sec. 2. A majority of all the members elected shall con- stitute a quorum to do business. Sec. 3. Upon a call of the council, the names of the members shall be called over alphabetically, the absentees noted, and those who do not appear may be sent for by a special mes- senger, and may be by him taken into custody wherever found, and compelled to attend the session of the council. Sec. 4. Whenever a member shall be discharged from custody the council shall determine whether such discharge shall be with or without censure, and defraying the expenses of messenger sent after him. Sec. 5. At the first regular meeting of the council after the election in each year, the council shall elect one of its mem- 96 RULES OF THE COUNCIL. bers president pro tern., who shall hold his office for the term of one year, and who, in the absence of the mayor shall preside at the meetings of the council ; Provided, that in the absence of both mayor and president pro tem., the council may select one of its members present to preside at such meeting, who shall be styled "acting president pro tem. ; ' ' and the president pro tem. , during the absence of the mayor from the city, or his tempor- ary inability from any cause, to discharge his ofificial duties, shall be the acting mayor with all the power and authority possessed by the mayor. ARTICLE II. OF THE PRESIDENT. Sec. 6. The president shall take the chair precisely at the hour to which the board shall have adjourned their preced- ing meeting, and immediately call the members to order, if" a quorum be present. Sec. 7. He shall preserve decorum and order; he may speak to points of order in preference to members of the council, and shall decide questions of order, subject to an appeal to the council by any member, on which appeal no member shall be permitted to speak more than once. He shall appoint all select committees unless otherwise provided. Sec. 8. At the first regular meeting of the council after the election in each year, or as soon thereafter as possible, he shall appoint the following standing committees, which shall con- sist of three members each : Committee on finance. Committee on claims. Committee on streets and alleys. Committee on supplies. Committee on cemetery. Committee on printing. RULES OF THE COUNCIL. 97 Committee on taxes. Committee on public buildings and grounds. Committee on ordinances. Committee on sewerage. Committee on gas and electric lights. Committee on sanitary. Committee on water. Committee on fire department. Committee on police department. ARTICLE III. OF COMMITTEES. Sec. 9. It shall be the duty of the committee on finance to take into consideration all such reports and propositions re- lating to the city treasury as may be referred to them by the council; to enquire into the state of the city debt, its finances, revenues and expenditures, and to report monthly at least, and oftener if deemed necessary, their opinion and suggestions thereon; to exiimine into the financial department of the city, particularly into the ordinances making appropriations for money, and report whether the moneys have been disbursed conform- ably to such ordinance; and to report such provisions and ar- rangements as may be necessary touching the city indebtedness, the finances, revenues and expenditures, and the appropriations of money, and as will add to the economy of the financial de- partment of the city, and secure the accountability and faith- fulness of the different officers connected therewith. Sec. 10. It shall be the duty of the committee on streets and alleys to take into consideration all matters referred to them by the council, touching the streets, avenues and alleys of the city, to examine the same, and to report to the council monthly at least, and oftener if deemed necessary, their actual condition, and whatever changes, repairs, alterations or improve- ments they may deem proper to recommend. 98 RULES OF THE COUNCIL. Sec. II. It shall be the duty of the committee on ceme- tery to take into consideration all matters concernmg the ceme- tery which may be referred to them by the council ; to recom- mend to the council all necessary improvements and repairs; to suggest whatever ornamentation may be proper, in their judg- ment, and to report to the council monthly at least, or oftener if necessary. Sec. 12. It shall be the duty of the committee on public buildings and grounds to take into consideration all matters which may be referred to them by the council in reference to the build- ings and grounds of the city; to recommend to the council all changes, repairs, improvements and new buildings which they may deem the interests of the city require, and to report monthly, or oftener if necessary. Sec. 13. It shall be the duty of the committee on gas and electric lights to take into consideration all such matters, reports and propositions relating to the light supply as may be referred to them by the council, and to exercise a general superv sion over the gas and electric light supply of the city, ; nd to make report to the council as often as they deem neces- sary touching those matters and departments. Sec. 14. It shall be the duty of the committee on water to take into consideration all such matters, reports and proposi- tions relating to the water company or water supply as may be referred to them by the council ; and to exercise a general su- pervision over the water supply of the city, and to make report to the council from time to time touching that department. Sec. 15. It shall be the duty of the committee on fire department to take into consideration all such matters, reports and propositions relating to the fire department as may be re- ferred to them by the council ; and to exercise a general super- vision over the fire department and make report to the council as often as they deem necessary touching that department. Sec. 16. It shall be the duty of the committee on sew- erage to take into consideration all matters referred to them by the council concerning sewerage; to make report to the council RULES OF THE COUNCIL. 99 as often as they deem necessary on any matter touching sewer- age or its construction ; and in general to exercise control and supervision over all matters which may arise from the subject of their duties. Sec. 17. The committees on police department, printing, ordinance and sanitary shall exercise control and supervision over all matters which may arise from the subject of their re- spective dutie.^, and make such reports and recommendations to the council as they deem necessary. Sec. 18. It shall be the duty of each standing committee to report to the council concerning any matter referred to them for consideration, at the next regular meeting after the same is referred, unless otherwise ordered. Sec. 19. Whenever a resolution or other matter is pre- sented to the council by any member, he may, at his option, before any amendment is made or question taken on it, request that it may lie over until the next meeting, in which case it shall have precedence of the regular order of the day, and shall be considered as the unfinished business. Sec. 20. It shall be the duty of the clerk of the council to cause committees, members of the council and its ofificers, to be informed of such duties as they may be charged with by the council from time to time. ARTICLE IV. OF THE ORDER OF BUSINESS OF THE COUNCIL. Section 21, On the appearance of a quorum, the min- utes of the proceedings of the preceding meeting shall be read, corrected and approved. Sec. 22. At each meeting of the council for regular busi- ness, after the minutes are read, business shall be disposed of in the following order: I — Unfinished business. lOO RULES OF THE COUNCIL. 2 — Calling the roll for petitions and communications. 3 — Report of special committees. 4 — Report of standing committees. 5 — Report of officers. 6 — New business. Provided, That when "new business" is reached in the reg- ular order or business, that the clerk shall call the roll, and that each member as his name is called report to the council all papers he may have requiring action. Sec. 23.. The president shall at each meeting announce to the council the business in order, agreeably to the preceding rule. Sec. 24. No business shall be taken up or considered until the class to which it belongs shall be declared in order, un- less by consent of two-thirds vote of council present. Sec. 25. Communications from the mayor may be read, and received at any time. Sec. 2G. No bill except a regular monthly appropriation or disbursing bill shall receive more than one reading at any meeting of the council, unless two-thirds of all the members elected otherwise expressly allow. Regular monthly appropria- tion or disbursing bills may be considered and passed at the first regular meeting in each month; Provided, the same be read three times before a final vote thereon as provided by law. Sec. 27. The second reading of a bill shall be by sec- tions, at which time amendments are to be offered; but the reading of any section shall not preclude the offering of an amendment to any preceding one. If no amendments are made, the chair will so report and the bill be read a third time, and after the third reading the question shall be, "Shall the bill pass?" If amendments are made, the chair shall so re- port and the bill shall be read as amended before the third read- ing. Nevertheless it shall be subject to amendment till put to its final passage. The final vote shall be taken by yeas and nays and the bill before it passes shall receive the votes of a majority of all the members of the city council ; and whenever RULES OF THE COUNCIL. lOI an ordinance has been read a third time, if a substitute is voted for said ordinance, said substitute shall be subject to the same order as a bill on its second reading. Sec. 28. Before any resolution shall become a law it shall be adopted and passed by a majority vote of the members elected to the council, on a call of the yeas and nays, be ap- proved by the mayor and published one time in the paper doing the city printing: Provided, that it may be passed over the mayor's veto in same manner provided for such passage of an ordinance. ARTICLE V. OF PROCEEDINGS, DECORUM AND DEBATE. Section 29. When any member is about to speak in de- bate, and deliver any matter to the council, he shall arise from his seat and address himself to "Mr. President;" he shall con- fine himself to the question under debate, and avoid personal- ity ; nor shall he speak more than twice on any question with- out the unanimous consent of the council ; and no member shall speak more than once until every member wishing to speak shall have spoken. Sec. 30. When two or more members shall rise at once, the president shall name the member who is to speak first, the other rising having the preference next. No member shall pro- ceed until he has been recognized by the president. Sec. 31. No motion or resolution shall be stated or de- bated until it is seconded, and when stated by the president or read by the clerk, it shall be deemed in possession of the coun- cil, but may be withdrawn at any time before decision or amendment. Sec, 32. Every motion shall be reduced to writing, if the president or any member desire it. Sec. 33. No new motion or proposition shall be ad- I02 RULES OF THE COUNCIL. mitted, under the color of amendment, as a substitute for the motion, or proposition under debate. Sec. 34. When a question is under debate, no motion or proposition shall be received, but, ist, to adjourn; 2d, to amend; 3d, to refer to standing committee; 4th, to refer to select committee; 5th, to refer to an ofificer of the city; 6th, to lay on the table; 7th, for the previous question; 8th, to post- pone to a day within the existence of the council. Sec. 35. A motion to adjourn shall always be in order, unless a member is speaking, and shall be decided without de- bate ; and no member shall leave his seat until .the result is declared by the president. Sec. 36. The previous question shall be in this form: "Shall the main question be now put?" It shall only be ad- mitted when demanded by two-thirds of the members present, and until it is decided shall preclude all amendments and fur- ther debate, and shall be decided without debate. Sec. 37. Any member may call for a division of the question, where the sense will admit of it. Sec. 38. No amendment shall be permitted to a motion to strike out, unless it be to leave out of the motion a part of the words proposed to be stricken out. Sec. 39. A motion for an amendment, until decided, shall preclude all further amendment of the main question. Sec. 40, Motions and reports may be committed at the pleasure of the council. Sec. 41. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the council. Sec. 42. It any member, in speaking or otherwise, shall transgress the rules of the council, the president or any mem- ber may call him to order; in which case the member called to order shc^U immediately sit down, unless permitted to explain, and the council shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the president will be submitted to. If the decision be in favor of RULES OF THE COUNCIL. IO3 the member called to order, he shall be at liberty to proceed ; if otherwise, and the case require it, he shall be liable to the censure of the council. Sec. 43. All questions shall be propounded in the order in which they were moved, except privileged questions. Sec. 44. When a question is put by the chair, each member present shall vote, unless the council shall for special reasons excuse him; but if personally interested he shall not vote. In doubtful cases the chair may direct, or any member call for, a division. The yeas and nays shall be called upon the request of the chair or any member. Sec. 45. When a question has been taken, it shall be in order for any member to move a reconsideration thereof at the same or next succeeding meeting; but no question shall be a second time reconsidered without the consent of three-fourths of all the members of the council elected. Sec. 46. The yeas and nays shall be entered on the minutes at the desire of any member, if requested before the question is put. Sec. 47. On taking the yeas and nays of any question, the names of the members shall be called alphabetically and each member shall answer from his seat, and the absentees be noted. Sec. 48. On forming a committee of the whole council, the mayor shall leave the chair and call some member to pre- side. Sec. 49. All questions, whether in the committee or in the council, shall be put in the order they are made, except that in case of privileged questions, and in filling blanks, the longest time and the largest sum shall be voted on first. Sec. 50. The rules of the council shall be observed in committee of the whole, so far as they are applicable, except the rule limiting the time of speaking; and the previous ques- tion shall not be put m committee of the whole. Sec. 51. A motion that the committee rise shall always be in order, and shall be decided without debate. I04 RULES OF THE COUNCIL. Sec, 52. The clerk shall not enter upon the journal the proceedings of the committee of the whole, except as the same may be reported to the council. Sec. 53- All reports of committees and all resolutions shall be presented in writing and signed by the members offer- ing the same. Sec. 54. A majority of a committee may constitute a quorum for the transaction of business. ScE. 55- An amendment to an amendment is in order; but not to amend an amendment to an amendment of a main question. ScE. 56. The mayor can temporarily excuse any mem- ber of the council but no member shall be permitted to leave the meeting of the council without the permission of a majority of the members present. Sec. 57. Smoking and all conversation between mem- bers is prohibited during deliberations of the council ; and no smoking shall be allowed in the council room during the session of the council. Sec. 58- In all proceedings of whatever nature herein provided for and regulated by law, "Cushing's Manual" shall be the guide and rule. ARTICLE IV. ON AMENDING RULES. Sec. 59. These rules, or any of them, may be tempora- rily suspended by a vote of two-thirds of all the members elected to the council, but shall not be repealed, altered or amended except by ordinance. REVISED ORDINANCES. AN ORDINANCE REVISION OF THE ORDINANCES OF THE CITY OF SEDALIA, MISSOURI. AND TO ORDAIN AND ESTABLISH NEW AND AMENDED ORDINANCE PROVISIONS FOR THE GOVERNMENT OF SAID CITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEDALIA, MISSOURI, AS FOLLOWS, TO-IVIT: CHAPTER 1. BOOKS OF ACCOUNT. Section. 1. Accounts to be kept, how ; books of, where deposited. 2. Appropriation ordinances, how entered on books. 3. Money received by oflScer, where and when to be deposited. Section. 4. Statements of money received by city clerk, to be distri- buted to what accounts, and how. 5. City treasurer to keep what ac- counts. Section, i. The books and accounts of the City of Sedalia, in the hands of the city clerk, shall be kept in a regular double entry order, comprised in such books as a journal and ledger, and such auxilary books as may be necessary; and the tax, li- cense and stub receipt books, in the hands of the city collector, shall be kept in manner and form as shall be requisite to the purpose for which they are used, and when not in use shall be deposited in the vault. I08 REVISED ORDINANCES. Sec. 2. All appropriations embraced in ordinances passed in anticipation of revenue, shall be entered in the journal as memorandum, debits and credits, and carried to the ledger to the respective accounts to which they belong, except the sink- ing fund account, and shall be entered on the margin of the de- bit or credit column in red ink, and be considered as reference charges only, so that the regular charges of actual receipts to respective accounts may not exceed the appropriations. Sec. 3. Any officer of the city receiving money for the city, shall deposit the same in the city treasury on or before the first Monday of each succeeding month, and take a receipt there- for, but any such officer shall, prior to making such deposit, make duplicate statements of all money so received by him, and hand the same to the city clerk. Sec. 4. The city clerk, upon receipt of such statements, shall distribute to interest account the proportion received for that fund, being the levy for interest purposes upon real or per- sonal property of all kinds, and to general expense account its proportion of levy on all real and personal property, together with receipts from all other sources, except market house and scale receipts, which shall be credited to market house account; and he shall endorse this distribution on the back of said state- ments, one of which he shall certify to the city treasurer, and the other shall be filed for reference. Sec. 5. The city treasurer shall keep such accounts as are necessary, and enter therein the distribution of all moneys received by him as such city treasurer, so that each fund ac- count may receive its proper debit and credit, as provided for by ordinance. REVISED ORDINANCES. 109 CHAPTER 2. ADDITIONS. Section 6. New additions, when adjoining lands already platted, to be laid out, how. 7. When not adjoiniug platted lands, how. 8. Plat of new addition to be sub- mitted to City Council before filing for record, when. Section 9. Party failing to submit such plat to Council not entitled to compensation or damages for opening streets in said ad- dition. 10. Street and alley committee to examine plat and report to Council. Section 6. For the purpose of securing uniformity in the width and direction of the streets of the City of Sedalia, any addition hereafter made, and adjoining ground already laid out in lots and blocks, shall be so laid out that the streets of said addition shall be of the same width, and a continuation of some street of said city, or of some addition thereto. Sec 7. Whenever an addition shall be laid out disjoined from land already laid out in lots and blocks, the streets shall be so located that, when extended, they will run into other streets already located, be of same width, and run at the same angle to the meridian as said other streets. Sec. 8. Any owner or other party having the control or management of any tract of land, who shall lay out the same into lots or blocks, as, and for an addition to the City of Sedalia, shall before filing the plat of the same for record in the ofifice of recorder of deeds for Pettis county, submit such plat to the city council for approval. Sec. 9. If any party shall file in the ofifice of the recorder of deeds of Pettis county any plat of any proposed addition to the City of Sedalia, without first submitting the same to the city council for approval, or, having submitted such plat and its be- no REVISED ORDINANCES. ing disapproved by the council, such party, his heirs or assigns, shall not be entitled to receive any compensation or damages on account of the opening and establishing of any street, lane or alley, in or through such addition. Sec. io. It shall be the duty of the committee on streets and alleys of the city council, to examine any such plat, and re- port to the city council at its second sitting, at the farthest, after the plat has been submiteed, as provided for in this chapter, whether or not this chapter has been complied with, and whether or not the circumstances of the case are such as to justify the non-enfor'cement of this chapter, when the city council shall take action, and by motion accept or reject the plat so as aforesaid submitted for inspection. REVISED ORDINANCES. I I I CHAPTER 3. ANIMALS. ARTICLE I.— Running at large. ARTICLE II.— Dead animals. ARTICLE I. ANIMALS RUNNING AT LARGE. SECTION 11. Unlawful to run at large, when to be taken up and placed in city pound. 12. Officer taking charge of such animals to feed and care for Section same, and advertise and sell and dispose of proceeds, how. 13. City marshal may appoint as- sistants, how, to receive what compensation. Section ii. Hereafter no cattle, hogs, horses, mules, sheep, goats or other animals shall be permitted to run at large within the city limits, and all cattle, hogs, horses, mules, sheep, goats and other animals found running at large within the city limits, shall be taken up by the city marshal, or otherauthorized officer, and placed in some secure enclosure or pound, to be known and designated as city pound, which pound shall be provided by and at the expense of the city. Sec 12. Whenever any cattle, hogs, horses, mules, sheep, goats or other animals shall thus be taken up, it shall be lawful for the city marshal, and it is hereby made his duty to provide for the care and feed of the same, and to sell the same at public auction to the highest bidder for cash, having first given at least three days' notice of the time and place of sale and property to be so sold ; such notice to be given by three insertions in the newspaper doing the city printing, the last in- sertion to be made on the day of sale or the day prior. All 112 REVISED ORDINANCES. sales under this article shall be conducted at the city pound, and each animal shall be sold separately, and the cost of taking up, keeping and selling any animal as herein provided shall be paid out of the proceeds of such sile, and when any animal is claimed by the owner it shall be delivered to such owner upon the payment to the city marshal of all the cost accruing at the time of such ownership being proven, and the costs of adver- tising shall be included. All moneys arising from such a sale, after deducting the costs, shall be paid to the owner of any ani- mal sold, upon satisfactiory proof of ownership being made to the city marshal by the claim.ant ; and should no claim be made within thirty days for the proceeds of any such sale, by the owner or another for him, the same shall be paid into the city treasury, the costs being deducted and paid to the city marshal. The city marshal shall upon any sale being made under this article, give to the purchaser, upon payment of the amount bid, a bill of sale in which shall be stated the amount of costs and charges attending the proceedings and the price paid with a fair description of the animal sold. And such bill shall be prima facie evidence of the regularity of the proceedings and ownership of the animal in the purchase. The owner of the animal at the time the same was arrested, shall be entitled to redeem the same at any time within three months after the day of sale by paying to the purchaser all costs included in the bill of sale, and the purchase price with eight per cent, per annum interest and a reasonable compensation for keeping the same, and the cost of keeping any such animal by the purchaser may be offset by the valuable use of the same, and no person pur- chasing at such sale shall sell such animal under three months from the date of such purchase, without apprising the purchaser of all the facts, under the penalty of double the value of such animal to be recovered by the former owner in a civil action. Sec. 13. For the purpose of carrying into effect the pro- visions of this article, the city marshal may employ one or more persons to aid him in the work herein prescribed. The appointment so made shall be approved by the mayor and the REVISED ORDINANCES. 113 person or persons so appointed shall subscribe and take the oath and be vested with the same authority as special police, and the compensation for all services of officers under this article shall be as follows, to-wit : For taking up and impounding every animal, except swine, one dollar; for the care and feed of the same per day, thirty cents; for taking up and impounding every hog (or swine) of any age, fifty cents; for the care and feed of same per d.iy, twenty cents ; for making every sale under ten dollars, five per cent, of the amount of the sale; for every sale of ten dollars or over, three percent; for every sale bill made out and delivered, ten cents. ARTICLE II. DEAD ANIMALS. Section 14. Council may contract for re- niQvaT of carcasses of, how. 15. Contractor to have regular of- fice, to keep a book and enter all reports, etc. 16. Carcasses on private property, when to be removed by con- tractor, misdemeanor to inter- fere with. Section 17. When a failure to remove by the owner a misdemeanor. 18. Bond to be executed by con- tractor, failure to comply with provisions of this article, ef- fect of. Section 14. The council is hereby authorized to contract with any person, company or corporation, for a term, not ex- ceeding five years, for the removal of the carcasses of all dead animals found or being in the city limits, and all contracts shall conform to the conditions and provisions of this article, and shall be let under and provide such other conditions and provis- ions as shall guarantee the best possible sanitary results. Such contracts shall be let : First, upon sealed bids submitted to the council, on such notice, by publication in the paper doing the city printing, as the council shall deem proper to insure a fair competition. Second, when there are no bids secured or sub- 114 REVISED ORDINANCES. rnitted on such advertisement, the council may contract with any person for such work, at a reasonable compensation, with- out further advertisement. Sec. 15. Any person to whom any contract is awarded under this article, shall have some regular ofifice or place, which shall not be to exceed five blocks from police headquarters, where dead animals may be reported ; and it shall be the duty of all ofificers of the city, and especially the city marshal and police ofiticers, and members of the board of health, to report the find- i 1!^ or existence of the carcass or the remains of any dead ani- mals within the city, as soon as may be, and such report shall be entered in a book to be kept for that purpose at the ofifice or regular place of business of the contractor where such reports are to^ be made as herein before provided; all reports shall be written in a legible hand, and designate the locality, as near as the same can be ascertained, where such carcasses or remains are to be found, also the hour when reported. The aforesaid book shall at all times be open to the inspection of the public and every person may report therein the existence of any car- casses or the remains of any dead animals within the city limits ; and a report made by any ofificer or other person in the manner above provided shall be deemed to be notice to the contractor, and the contractor shall within twenty-four hours after said re- port is entered as aforesaid, remove all carcasses or remains of dead animals to a place beyond the city limits, and there dis- pose of the same so as not to create a nuisance. Sec. 16. The carcasses of all dead animals lying on the streets, alleys, or public places of the City of Seoalia, or on private premises therein, and not slain for human food, and not removed by the owner or other person entitled thereto, within six hours of daylight time after the death of such animals, are hereby declared to be a nuisance, and shall be and become the property of the person at the time having the contract for the removal of dead animals, and he is hereby authorized to ap- propriate the same to his own use, and any person who shall interfere with such contractor in the removing of such dead ani- REVISED ORDINANCES. II5 mals or in attempting to remove the same shall be deemed gL'ilty of a misdemeanor, and on conviction, shall be fined not more than one hundred dollars Sec. 17. Any person, the owner of, or entitled to take control of the carcass of any dead animal specified in this article, who shall take charge of any dead animal within the six hours of daylight time in said section sixteen mentioned, shall re- move the same and every part thereof in the same manner and subject to the same rules of contractors therefor are subject to under this article, and any person failing or neglecting to comply with the provisions of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined not less than one dollar nor more than one hundred dollars. Sec. 18. The contractor shall execute to the City of Se- dalia a bond, with good and sufificient securities, in a sum double the contract price, for the whole term of his contract, to be approved by the mayor, and filed and preserved in the office of the city clerk, conditioned for the faithful and punctual performance of the duties imposed by this article and the provisions of his contract, and any failure of the con- tractor to comply with or fulfill any of the provisions of this article or of the contract, shall operate as an annulment of the contract, and forfeiture of his bond, when so declared by resolu- tion of the city council, and not before, and on any charge of such failure the contractor shall have a right to be heard. ii6 REVISED ORDINANCES. CHAPTER 4. ASSESSOR AND ASSESSMENT OF PROPERTY. Section 19. Assessment of propert}-, when and how to be made. 20. How made when person own- ing propert}' is sick or absent. 21. Assesment list to be sworn to, how, and penalty for failure to have same done. 22. Oath to be taken, form of, pen- alty for refusal to make, oath and list when to be filed. 23. When no list is given, the as- sessor to make same, when and how. 24. Failure to make out list after notice is given property to be assessed double, penalty for assessor to fail to do so. 25. Returning false list, penalt}' for, duty of assessor and board of equalization. 26. Manufacturing and other cor- porations, property how as- sessed. 27. Stock and shares of Building and Loan associations, how assessed. 28. Such assessment to be paid by corporations, etc. 29. Failure of corporations to com- ply with the provisions of this chapter, penalty for. 30. The assessor's book of last as- sessment to be delivered to assessor by city clerk and re- turned when, penalty for fail- ure to return. Section 31. Property assessed to be listed and entered in book. 32. Assessor's book to be kept, how. 33. Property omitted in th^ assess- ment for any year, how as- sessed. 34. Informality, etc., of assessment not to invalidate the same 35. Value on property assessed to be fixed how, and when made. 36. Property not required to be listed, what proportion of credits, etc. 37. Credits, how listed, what per- mitted to be deducted. 38. Assessment made in absence of head of family, duplicate list to be left, when, 39. Who liable to be assessed for taxes, property owned on ist day of June. 40. Assessor's book to be returned, when, penalt)' for failure of. 41. Tax book to be made by clerk, how and when. 42. Preparing the assessor's book, the manner of. 43. Tax book w.,en completed to be certified to by clerk and turned over to collector, how. 44. Compensation of city assessor, when and how paid. 45. When no special provision is made State law to govern. Section 19. The city assessor, jointly with the county assessor, shall, between the first days of June and January, and after being furnished with the necessary books and blanks by REVISED ORDINANCES. II 7 the city clerk, at the expense of the city, proceed to take a Hst of all taxable property within the city, and assess the value thereof in the manner following, to-wit: He shall call at the office, place of doing business or residence of each person re- quired by law to list property for taxation for state and county purposes, and the charter and ordinances of the City of Se- dalia, and shall require such person to make a correct state- ment of all taxable property owned by such person or under the care, charge or management of such person, except mer- chandise, which may be required to pay a license tax, and be- ing within the State of Missouri, in the same manner and under the same requirements as are required and provided for the listing of property for taxation for State and county purposes, and the charter and ordinances of the city ; and the person listing the property shall enter a true and correct statement of such property in a printed or written blank, prepared for that purpose, which statement, after being filled out, shall be signed and sworn to, to the extent required by ordinance and charter of the city and laws of this State by the person listing the property, and delivered to the assessor. Such list shall con- tain : First, a list of all the real estate and its value, to be listed and assessed on the first day of June, 1S93, ^r^d an- nually thereafter, anything to the contrary notwithstanding. Second, a list of all the live stock, showing the number of horses, mares and geldings, and their value,- the number of asses and jennets, and their value; the number of mules, and their value; the number of neat cattle, and their value; the number of sheep, and their value; the number of hogs, and their value; and all other live stock and its value. Third, an aggregate statement of all the farm machinery and implements, and their value. Fourth, a statem nt of household property, including the number of pianos and other musical instrumeni.s, clocks, watches, chains and ap- pendages, sewing machines, gold and silver plate, jewelry, household and kitchen furniture, and the value thereof. Fifth, money on hand. Sixth, money deposited in any bank or other Il8 REVISED ORDINANCES. sate place. Seventh, an aggregate statement of solvent notes unsecured by mortgage or deed of trust. Eighth, an aggre- gate statement of all solvent notes secured by mortgage or deed of trust. Ninth, an aggregate statement of all solvent bonds, whether state, county, town, city, township, incorpor- ated or unincorporated companies. Tenth, all other property not above enumerated (except merchandise), and its value. Under this head shall be included all pleasure carriages of all kinds; all printing presses, type and machinery therewith con- nected ; and all portable mills of every description, and all post coaches, 'carriages, wagons and other vehicles used by any person in the transportation of mails (except railway carriages), all carriages, hacks, wagons, buggies and other vehicles of every kind and description kept or used by liverymen, all carts, hacks, omnibusses and all other vehicles used in the transporta- tion of persons (except railway caniages), and all paintings and statuary, and every other species of property not exempt by law from taxation, Sec. 20. If any person required by this chapter to list property shall be sick or absent when the assessor calls for a list of his property, the assessor shall leave at the office, the usual place of residence or business of such person, a written or printed notice, requiring such person so make out and leave at the place named by the assessor, on or before some convenient day named therein, not less than ten nor more than twenty days from the day of such notice, a sworn statement of the property which he is required to list, and shall leave with such notice a printed or written blank upon which to make the statement required of such person. The date of leaving such notice, and the name of the person required to list the property, shall be carefully noted by the assessor ; and if any such person shall neglect or refuse to deliver the statement, properly made out, signed and sworn to as required, the assessor shall make the assessment, as re- quired in this chapter; Provided, that the assessor may omit assessing the penalty in cases of neglect, where he is satisfied the same is unavoidable and not willful. i REVISED ORDINANCES. I 19 Sec. 21. The city assessor, the county assessor and any deputy countya ssessor, the county clerk, circuit clerk, notaries public, judges of the county court, justices of the peace, probate judges, and the city clerk and all other judicial ofificers, are em- powered and authorized to administer any oath relating to the assessment of property required by this chapter, and to afifix thereto their jurat and seal, if they have one, and the assessor shall be liable to a fine or forfeiture of not less than ten dollars to be recovered by suit on his official bond by indictment, for each list he shall receive without same being duly sworn to be- fore some such ofificer ; Provided, he shall not be subject to a fine or forfeiture in any case where he has made out such state- ment on his own knowledge or information, in the absence of the person whose property is listed, or where he has made it out on the refusal of the tax-payer to make it out and swear to it. »Sec 22. The oath to be signed and sworn to by each person making the statement of property required by this chapter shall be as follows : I, , do solemnly swear, or affirm, that the foregoing list contains a true and correct statement of all the property made taxable by the laws of the State of Missouri, in- cluding therein the number of horses, number of neat cattle, number of sheep, number of hogs, number of asses and jennets, number of mules, all other live stock, all farm machinery and implements, household furnituue, musical instruments, clocks, watches, chains and appendages, sewing machines, gold and silver plate, jewelry, household and kitchen furniture, money on hand, money deposited, notes unsecured by mortgages or deeds of trust, notes secured by mortgages or deeds of trust, all bonds whether state, county, town, city, township or of incor- porated or unincorporated companies, and all other property and its value, which I owned on the first day of June, 18 — , or which I had under my charge or management, or any money or property due me on said day from solvent persons or compa- nies, on notes, accounts or otherwise, as fully and specifically as 120 REVISED ORDINANCES. I am required to make out a return thereof under this chapter, and the laws of Missouri, and I do further solemnly swear, or affirm, that I have not sent or taken, or caused to be taken, any of my property, money or bills, bonds or notes, or other se- curities or evidences of debts, out of this State to avoid taxa- tion. So help me God. Any person who shall refuse to make oath to his list, when required so to do by the assessor or his deputy, shall be subject to a fine of not less than ten dollars nor more than one thousand dollars, to be recovered by suit in the name of the State of Mis- souri, or by indictment; and no property shall be exempt fiom execution issued on judgments by suits or indictn\ents under the provisions of this chapter. The oath and list required by this chapter shall be by the assessor, after he has completed his assessor's book, filed in the office of the city clerk, and by him after entering the filing of the same thereon, be preserved and safely kept. And no such list shall be changed or altered or amended after it is filed wi;h the city clerk, except by order of the board of equalization or city council ; and any person who shall alter, change or amend any such list without such order shall, upon conviction, be fined not less than ten nor more than one hundred dollars, and every city clerk or deputy city clerk, who shall knowingly permit any such list to be altered, changed or amended without such order, shall forfeit one hundred dollars, to be recoverd by suit upon his official bond. Sec. 23. Whenever there shall be any taxable property in the city, and from any cause no list thereof shall be given to the assessor in proper time and manner, the assessor shall jointly with the county assessor as hereinbefore provided, make out the list, on their own view, or on the best of information he can obtain, and for that purpose he, with the county as- sessor, shall have lawful right to enter into any lands and make any examination and search which may be necessary, and may examine any person upon oath touching the same. Sec. 24. If any person, being notified as aforesaid, shall tail to deliver the required list to the assessor, the property REVISED ORDINANCES. 12 1 which ought to have been listed shall be assessed at double its value; and if the assessor shall neglect or refuse so to do, he shall be liable in each case, to a penalty of ten dollars, to be re- covered at the suit of the city, and to be paid into the city revenue fund. Sec. 25. If any person shall, with intent to defraud, de- liver to the assessor a false list of his property, it shall be the duty of the assessor to give notice in writing thereof to the board of equalization sitting for the equalization of values on property within the city and composed of the county board of eqalization and the mayorand the assessor of the city; and the said board shall, on receiving such notice, give notice thereof to the person who shall have furnished such false list, which notice shall specify the particulars in which said list is alleged to be false, and shall fix a time for a hearing of the matter, on which day the person aforesaid shall have the right to appear and defend against such charge; and if it appear that such person is not guilty as charged the board shall dismiss the matter; but if it appear that such person is guilty as charged, it shall be the duty of the board of equalization to ascertain the true amount and value of all property of such person subject to taxation within the city, for city purposes, and to tax the same as similar prop- erty of other persons is taxed, and in addition shall, by way of penalty for furnishing such false list, treble the amount of taxes thus ascertained against the person ; and such person shall be required to pay such treble amount and shall in addition thereto be liable to be punished for perjury. Sec. 26. The property of manufacturing companies and other corporations named in article eight, chapter forty-two, of the Revised Statutes of the State of Missouri of the year 1889, and of all other corporations, the taxation of which is not otherwise provided for by law, shall be assessed and taxed as the property of individuals. Persons owning shares of stock in banks or any joint stock institution or association doing a bank- ing business, or any insurance company, whether fire, marine. 122 REVISED ORDINANCES. life, health, accident or other insurance, incorporated under or by any law of the United Spates or State of Missouri, are not required to deliver to the assessor a list thereof; but the presi- dent or other chief officer of such corporation shall, under oath, deliver to the assessor a list of all shares of stock held therein, and the names of the persons who hold the same, and shall also state the actual cash value of such stock and all the property belonging to such corporations. In estimat ng the value of such stock and property, the officer making the same shall es- timate and include all reserve funds, undivided profits, prem- iums or earnings, and all other values belonging to such corpor- ations, which cash value shall be assessed and taxed as other personal property. Insurance companies, or any corporations doing busine-s on the mutual plan without capital stock, shall make like returns of the net value of all assets or values belong- ing thereto, which net value shall be assessed and taxed in like manner. Friva.e bankers, brokers, money brokers and ex- change dealers, shall in like manner make return of all moneys or values of any description invested in or used in their busi- ness, which shall be taxed as other personal property. Sec. 27. All parties holding stock in shares as owners or in trust in any building or loan association of this city, on which no loan has been obtained from such association, with the actual cash value of each share on the first day of June in each year, and the tax shall be levied upon said shares, and col- lected from such holder or depositor of the same, as taxes on other personal property ; and any failure on the part of such owner, holder or depositor of such shares shall subject such holder to the same penalties in this chapter provided for fail- ure to give the assessor a true list of all taxable property, veri- fied by affidavit. Sec. 28. The taxes assessed on shares of stock em- braced in such list shall be paid by the corporations, respect- ively, and they may recover from the owners of such shares the amount so paid by them, or deduct the same from the divid- ends accruing on such shares ; and the amount so paid shall be REVISED ORDINANCES. I23 a lien on such shares, respectively, and shall be paid before a transfer thereof can be made. Sec. 29. If the president or other chief officer of any such corporation fail to comply with the provisions of this chapter, he shall forfeit to the city one thousand dollars, to be recovered by civil action in the name of the city. Sec. 30. The city clerk shall deliver to the assessor, be- fore the beginning of his assessment, in each year, the as- sessor's book of the last assessment of real estate, and take his receipt therefor, and the assessor, as soon as he shall have com- pleted his assessment and made his assessor's book for ihe year, shall return such book to the city clerk ; and if the as- sessor shall fail to return such book to the city clerk, or shall return it in a defaced or mutilated condition, the city shall withhold so much of his salary as shall be sufficient to replace the same, and if the cit)^ shall not then be indebted to the as- sessor in a sufficient amount to cover the expense of such re- placement, then, in addition to withholding his wages, he shall be liable to the city on his oflficial bond. Sec. 31. The assessor, on examination of the list of property delivered by individuals, and after diligent effort for ascertaining all taxable property in the city, or subject to taxa- tion by the city, shall make a complete list of all such property in a book provided for that purpose, to be called the as- sessor's book for the year 18 . Sec. 32. The assessor's book shall be arranged and divided into two parts only. Part first to be known and de- nominated the land list, which shall contain all lands by the assessor assessed, and arranged as nearly as may be in numeri- cal order, according to the number of lots and blocks, and shall be placed in the land list, with the owner's name, if known, op- posite thereto, the lowest numbered lot, block or survey always to be placed first in the land list. At the close of the land list, the assessor shall place all the land which cannot be properly de- scribed by numerical order of lot or block, which shall be other- wise briefly described, indicating the quantity and location 124 REVISED ORDINANCES. thereof, with the owner's names, if known, alphabetically ar- ranged opposite thereto, and the assessor shall place in a column opposite each tract of land the assessed valuation thereof. Part second shall be known and designated as the personal property list, which shall contain a list of the names of all persons liable to assessment, alphabetically arranged, and the assessor shall set opposite their names the personal property respectively owned, controlled or managed by them. It shall be in tabular form, with suitable captions, and separate columns for the names of persons assessed for each kind of property, the asses- sors value thereof, the whole amount chargeable to each person, and such other columns as may be uselul and convenient in practice. Sec. 33. If by any means any tract of land, lot or block shall be omitted in the assessment of any year, or series of years, and not put on the assessor's book, the same when dis- covered, shall be assessed by the assessor for the time being, and placed upon his books, before the same is returned to the city clerk, with all arrearages of tax which ought to have been assessed and paid in former years charged thereon. Sec. 34. No assessment of property, or changes thereon, shall be considered illegal on account of any informality in mak- ing the assessment, or in the tax list, or on account of the as- sessment not being made or completed within the time required by the ordinances of the city. Sec. 35. The assessor shall assess and value all property on the assessor's book according to its true value, in cash, on the first day of June of the year for which the assessment is made ; and all personal property shall be valued at the cost and price of such property at the place of listing the same for taxa- tion. Each tract of land and city lot shall be assessed and val- ued separately and each kind of property shall be assessed separately from every other; but, First, the number of horses, mules, asses, and their valuation; Second, the number of cattle, and their valuation: Third, the number of hogs, and their val- uation, shall be entered in separate columns; Fourth, all money, REVISED ORDINANCES. 12 5 notes, bonds and other credits in a separate column, but clocks, watches, carriages and household furniture, and all other per- sonal property, shall be entered in one column, under the name of other personal property. Sec. 36. No person shall be required to list a greater portion of any credits than he believes will be received or can be collected, nor any greater portion of any obligation given to secure the payment of rent than the amount that shall have ac- crued on the lease, and shall remain unpaid at the time of such listing. No person shall be required to include in his statement any portion of the capital stock of any company or corporation, when such company or corporation is required by law to list or return both its capital stock and property for taxation by this city, except as in such cases as may be otherwise specially pro- vided for; nor shall any partner be required to list or return any property, liability or supposed balance of said partnership due him, the property, effects and credits of said partnership having been listed by any other partner. Sec. 37. In making up the amount of credits which any person is required to list for himself or for any other person, company or corporation, he shall be entitled to deduct from the gross amounts of credits the amount of all bona fide debts owing by such person, company or corporation for a consideration re- ceived ; but no acknowledgment of indebtedness, not founded on actual consideration, believed when received to have been ade- quate, and no such acknowledgment made for the purpose of being so deducted, shall be considered a debt Vv^ithin the mean- ing of this section; and so much only of any liability as surety for others, shall be deducted, as the person making out the statement believes he is legally and equitably bound, and will be compelled to pay, on account of the inability or insolvency of the principal debtor, and if there are sureties who are able to contribute, then only so much as the surety in whose behalf the statement is made will be bound to contribute; Provided, that nothing in this section shall be so construed as to apply to any bank, company or corporation exercising banking power or 126 REVISED ORDINANCES. privileges, or to authorize any deductions allowed by this sec- tion from the value of any other items of taxation than credits. Sec. 38. Whenever an assessment of property is made in the absense of the head of the family, a duplicate list of such assessment shall be left with some member of the family not less than fifteen years of age, and the assessor shall leave a copy of the assessment with the owner, at the time of listing the same, if demanded by such owner. Sec. 39. Every person owning or holding property on the first day -of June, including all property purchased on that day, shall be liable for the taxes thereon for the ensuing year. Sec. 40. The assessor shall, on or before the first day of January of each year, return his assessor's book to the city council with the following affidavit annexed thereto : I, , being duly sworn, make oath and say, that I have made diligent efforts to ascertain all the property subject to taxation by the city on the first day of June last past; that, so far as I have been able to ascertain the same, it is correctly set forth in the foregoing book, in the manner, and the value thereof stated therein, according to the mode re- quired by ordinance. Assessor. And upon the failure of the assessor to make such return, in the time above required, he shall forfeit to the city two hun- dred dollars to be recovered by civil action ; Provided, that the city council may, in their discretion, relieve the assessor from such forfeiture. Sec. 41. As soon as the assessor's book shall be cor- rected and adjusted, the city clerk shall, within twenty days thereafter, make a fair copy thereof, with the taxes extended thereon, authenticated by the seal of the city, for the use of the collector; and such copy of the assessor's book shall be called the tax book. Sec. 42. In preparing said assessor's book, the assessor shall provide therein two columns for values, the first to con- tain the total assessed valuation of personal and real property, REVISED ORDINANCES. 12/ the second to contain the valuation of such property as cor- rected and equalized by the board of equalization. In all cases of extension, when the equalized valuation shall happen to be fractional, the assessor shall reject all such valuation as may happen to fall below fifty cents : fractions of fifty cents or more shall be extended as one dollar. In the extension of the taxes, the fractions of a cent shall be extended as one cent The taxes shall be computed and extended by the city clerk, against the valuation produced by the board of equalization, in a column which shall be headed with the total tax rate of the city. The city clerk shall add up the figures, showing the total amount of such tax, and the aggregate amount shall be noted on each page. The city clerk shall test the accuracy of such additions, by computing the amount of such tax on the aggregate amount of property on each page, that he may be certain that the tax has been properly added and extended. Sec. 43. Immediately after said tax book is completed, as provided in the foregoing sections of this chapter, the city clerk shall append thereto his certificate that the same is a true copy of the assessor's book, as corrected by the board of equalization, and he shall also afifix thereto a copy of the or- dinance fixing and levying the tax for the year for which said book shall have been made, and deliver the same to the collec- tor, and take his receipt for the total amount of the tax charged in the tax book, and charge the collector with the same. Sec. 44. As full compensation for all the duties required of the city assessor by this chapter and the charter of the city, and the laws of the State of Missouri he shall receive a salary of six hundred dollars per annum to be paid at the same time and in the same manner as the salaries of the other officers of the city. Sec. 45. All things not herein specifically provided for shall be done and performed in conformity with the general law of the State with reference to assessments for taxation for State and county purposes, so far as the same may be followed con- sistently and without conflict. 128 REVISED ORDINANCES. CHAPTER 5. CITY CEMETERY, Section 46. General management of, in whom vested. 47. Bills or accomits for repairs, etc., to be presented to coun- cil, how paid. 48. Schedule- of prices on, and sales of lots, how and by whom made, burial of poor in block 11, when made. 49. Deed to lot to be recorded in boolc by city clerk. 50. Mayor to execute deed, only upon receipt of schedule price, to keep record of same. 51. Money received by mayor to be turned over to treasurer. Section who shall receipt for same and place to cemetery account. 52. Mayor to make report of lots sold, etc., how and when. 53. Maj'or to appoint sexton, how and when, duty of sexton. 54. Graves dug, depth of, etc, 55. Sexton to keep in repair and report to the council needed repairs, etc , general duties of. 56. Misdemeanor to injure, deface, ptc, to trespass, commit nui- sance, etc. 57. Sexton to give bond, in what sum. Sec. 46. The general management of the city cemetery of the City of Sedalia, situate northeast of said city, shall be vested in the mayor and city council. Sec. 47. All bills or accounts for any improvements or repairs on said cemetery, shall be presented to the city council for allowance, in like manner as other bills and accounts are audited. All such bills and accounts shall be paid out of the cemetery funds by warrants drawn on the city treasurer. Sec. 48 It shall be the duty of the city council to grade the price of all lots not sold m the cemetery according to the location and desirability of the same, and furnish a schedule of such prices to the mayor and sexton of the cemetery, and it shall be the duty of the mayor to execute and deliver sufficient deeds of conveyance of the lots in said cemetery to any person who may purchase the same at the price or sum determined by said schedule; Provided, that the mayor may assign a place of REVISED ORDINANCES. I 29 burial to any poor person unable to pay for the same, when necessity demands it, in block eleven in said cemetery, free of charge. Sec. 49. Any person who sha!l receive a deed to any cemetery lot, shall present the same to the city clerk, whose duty it shall be to record said deed in a book kept for that purpose. Sec. 50. The mayor shall in no case execute a deed for any lot, or any single grave, unless the schedule price of the same be paid to him at the time of executing such deed. And the mayor shall keep a record, in a book kept for that purpose, showing the numbers and locations of all lots and graves sold, and grave lots assigned to poor persons, together with the narwes of the persons who purchased the same, or to whom any grave may be assigned, and also the price charged and re- ceived by him for said lots or grounds. And if the mayor shall sell and convey any lot or grave, without receiving the sched- ule price therefor, he shall be held accountable to the city for such sums as he fails to collect. Sec. 51. All moneys received by the mayor from the sale of cemetery lots, or other matters connected with the cem- etery, shall be paid by him into the city treasury, and the city treasurer shall receipt to him for the same, and shall place all such moneys to the credit of what shall be known as the city cemetery fund. Sec. S2. The mavor shall make semi-annual written re- ports of the number of lots sold, and assigned to poor persons, with the names of the persons buying the same, or poor per- sons to whom assigned, together with a proper description of such lots ; and he shall make any additional written report of the matter above recited whenever required to do so by a reso- lution of the city council. Sec. 53. It shall be the duty of the mayor to appoint and the council to confirm, as in other appointive ofifices of the city, some suitable person as sexton of the cemetery, whose duty it shall be to cause to be dug and filled up, all graves for 130 REVISED ORDINANCES. the interment of the dead that may be buried in the cemetery; and he shall receive for digging and filling up each grave the sum of three dollars, but no person shall be compelled to em- ploy such sexton to dig and fill any grave, but he shall be entitled to receive the sum of one dollar for laying off and superintending any grave which he may not be employed to dig and fill: Provided, that the person or persons for whom such graves are dug and filled shall pay such fees, and the city of Sedalia shall in no wise be responsible for the payment of the same. Sec. 54. All graves shall be dug sufficiently deep so that the top of the cofiin or box shall be at least four and one-half feet below the surface of the ground. Sec. 55. It shall be the duty of the sexton to keep and preserve the grounds, fences, enclosures, and other property pertaining to the cemetery in good repair; to report to the council any repairs or improvements that may be needed ; to prevent trespassing on the grounds, preserve the monuments, graves and property generally in and about the cemetery, from being injured or defaced; to keep the walks and avenues free from grass, brush, weeds, and other incumbrances ; to keep a true record in a book kept for that purpose, of the name, age, nativity, date of death, last place of residence, cause of death, and the lot and block in which buried, of every person in- terred in said cemetery. Sec. 56. Any person who shall injure, deface or destroy any grave, tombstone, monument or fence thereon, or any of the flowers, plants or shrubbery in said cemetery, or who shall be guilty of any lewd or indecent conduct in said ceme- tery, or who shall be found in said cemetery after 9 o'clock p. m. without permisson from the sexton, shall be deemed guilty of a misdemeanor, and upon conviction be punished by a fine of not less than five nor more than one hundred dollars. Sec. 57. Any person before entering upon his duties as sexton, shall enter into a good and sufficient bond, with at least \ REVISED ORDINANCES. 131 two good sureties, in a sum not less than five hundred dollars, to be approved by the mayor, conditioned for the faithful dis- charge of the duties of his ofitice. CHAPTER 6. CHARITY. Section j Section 58. Board of charitable relief; shall j 59. Board to keep what record, etc. consist of whom, duty of | Section 58. There shall be a board of charitable relief in and for the City of Sedalia, which shall consist of the mayor, the president pro tem. of tht city council and the marshal, for the purpose of managing and distributing all funds appropriated and received for the relief of destitute persons and families by the city, and all funds, provisions, fuel and clothing contributed by individuals. Sec. 59. The mayor of the city shall be chairman of said board, and it shall be the duty of said board to keep a record of all funds and property received by them for charitable pur- poses, and the names of destitute persons or families to whom paid or distributed, and also the names of every person or family for whom they have authorized the attendance of physi- cians, or the furnishing of medicine by prescription or other- wise, and all other transactions ; and they shall make reports to the city council whenever required by them, and shall make semi-annual reports at the same times required by other officers. 132 REVISED ORDINANCES. CHAPTER 7, CONDEMNATION OF PRIVATE PROPERTY. Section 60. Private property taken, compen- sation to be made, how de- termined. 61. Private property to be taken, limits of benefit district, how determined. 62. Compensation for, how deter- mined by the jury, in case of failure to agree what. 63. Party may relinquish property and be exempted from pay- ment of benefits, how. 64. Verdict of jury to be reported Section to council and acted upon; special tax-bills to be issued how and when; general provis- ions governing. 65. Appeals from condemnation proceediegs, how and when taken; proceedings in circuit court and the enforcement of judgments therein. 66. Clerk to keep full record, when and effect of as evidence, cost in condemnation proceed- ing, liow paid. Section 60. Whenever the council shall, by ordinance, provide for establishing, opening, widening, extending or altering any street, avenue, alley, wharf, market place or public square, or route for sewer, either on its own motion or on the petition of the majority of the owners of the ground fronting thereon, and it becomes necessary for the purpose to take private prop- erty described in such ordinance, just compensation shall be paid therefor to the owner or owners of such property, which the mayor shall cause to be ascertained and assessed by a jury of six disinterested freeholders of the city, by proceedings pre- scribed by ordinance, and as in this chapter provided. The mayor shall have and exercise the power of a circuit court for conducting such proceedings, for the preservation of order and enforcing process issued in the course of proceedings, and may summon and compel the attendance of witnesses and jurors, and fine and commit any person guilty of a misdemeanor or con- tempt, preside at the investigation and pass on the competency REVISED ORDINANCES. 133 of evidence, and instruct the jury on questions of law arising thereon. The city clerk shall issue process, and attend and re- cord orders made by the mayor. Sec. 61. When any ordinance provides for the taking of private property, as authorized in the preceding section, the council shall by ordinance, before any steps are taken to em- panel a jury, determine and prescribe the limits within which private property shall be deemed benefited by the proposed im- provement, and be assessed and charged to pay compensation therefor , and thereupon the city engineer shall make out and deliver to the mayor a statement, by plat, map or otherwise, coptaining a correct description of the several lots or parcels of property deemed benefited and to be assessed to pay compensa- tion, as provided by ordinance as aforesaid, and containing also the names of the owners or claimants of such lots or parcels of property, or of any interest or estate therein, who may be such at the time of the passage of the ordinance providing for the taking of such property. The mayor shall thereupon, by order, appoint a day or place for empaneling a jury to ascertain the compensation for the property to be taken, and to make assess- ments to pay the same. The city clerk shall then issue a notice, under his hand and seal of the city, which shall give the names of the own-^rs of the property to be taken, and state that their property will be taken for the purpose specified in the or- dinance, giving the title and date of approval thereof, and that a jury will be empaneled to make such assessment on the day and at the place fixed by the mayor. Each property owner shall be served with a notice in which the name of the owner is given, either by delivery to such owner a copy of the notice, or leaving such copy for such owner at the usual place of abode of such owner, with some member of the family of such owner over the age of fifteen years — corporations to be served in like manner as with summons in ordinary civil actions — or if service cannot be made on all or any of the parties, as aforesaid, within the city limits, the return shall so state, and the return on such notice shall be prima facie evidence of the facts stated therein ; 134 REVISED ORDINANCES. thereupon a copy of the notice not fully served, or if necessary an alias notice, specifying a different day to be fixed by the mayor for empaneling a jury, shall be published for four weeks before the day fixed for empaneling the jury, in the newspaper for the time doing the city printing. The mayor may continue the matter of empaneling a jury from time to time, and cause new notices to be issued or published for owners named by the engineer or others interested, until jurisdiction of the proper parties is obtained. An afifidavit of any publisher of any notice, accompanied >vith a copy of the notice, shall be evidence of the fact of publication as stated therein. Service of the notice shall be made at least six days before the jury shall be empaneled ; publication shall be sufificient if made for four weeks next pre- ceding the empaneling the jury. It shall be sufificient to bring in the owners of property who may be such at the date of the passage of the ordinance providing for the improvement, and all parties claiming or holding through or under such owners, or any of them, shall be bound by the proceedings without be- ing brought in ; in respect to any property affected by the pro- ceedings through any or all of the parties claiming or holding through or under such owners, or any of them, may be joined on their own motion, or be brought in on order of the mayor. Sec. 62. The jury shall first ascertain the actual damage done to each person or corporation in consequence of taking their property for such purposes, without references to the pro- posed improvement, as the just compensation to be made there- for ; and second, to pay compensation, assess against the city the amount of benefit to the city and public generally, inclusive of benefits to any property of the city, and against the several lots or parcels of private property deemed benefited, as deter- mined according to the last section, by the proposed improve- ment, the balance of such compensation — each lot or parcel of ground to be assessed with an account bearing the same ratio to such balance as the benefit to each lot or parcel of ground bears to the whole benefit to all the private property assessed. Parties interested may submit proof of it to the jury, and the latter REVISED ORDINANCES. I35 shall examine, personally, the property to be taken and as- sessed. The verdict of the jury shall be signed by each juror and delivered to the mayor, and contain a correct description of each lot or parcel of property to be taken, the names of the owners or claimants, and the value thereof, and also the amount assessed against the city, together with a correct description of each lot or parcel of private property assessed, and the amount assessed against the same, and the names of the owners thereof. The city engineer and city attorney shall, when required by the mayor, aid the jury to put their verdict in proper form ; and they shall not be discharged until the mayor is satisfied the verdict is correct in form. The mayor may adjourn the pro- ceedings from time to time, until the matter is completed. If the jury can not agree, the mayor may discharge them, and may proceed to empanel another jury to perform the duties de- volving on a jury by this chapter, and no notice to parties in- terested shall be necessary beyond the order of the mayor, re- corded by the clerk: but the order to empanel a new jury must be made and recorded on the day of discharging any jury, and fix the time and place for empaneling a new jury, or nothing further shall be done under the ordinance. No compensation shall be made to any property owner who petitions for proceed- ings under this chapter. Sec. 63. When any one or more of the owners of prop- erty which it may be necessary to take for public use in the opening, widening or extending of any street, alley, park or route for sewer by virtue of any ordinance of the city, opening any such street, alley, avenue, park or route for sewer, shall propose to relinquish such property without claim or damages, on condition of exemption from payment of benefits for such im- provements, or other conditions the council may be authorized to compromise or agree with such persons, and to remit, abate and exempt from the payment of damages, on condition of benefits, wholly or partly, as equity may seem to require, and proceed to condemn such other property as may not be relin- quished for the purpose, and to assess the damages and benefits 136 REVISED ORDINANCES. therefor, to and upon such other persons and property as may be damaged or benefited by such improvements, anything con- tained in this chapter to the contrary notwithstanding. Sec. 64. The mayor shall, after the rendition of the verdict, report the same, together with the proceedings under the last section, to the council; and if the same be not confirmed within sixty days from the making of the report, the proceedings and verdict shall be void, and new proceedings maybe instituted at any time after the expiration of eight months from the making of such report. If the council, by ordinance, confirm the verdict and proceedings under the two preceding sections, within sixty days from the report of the mayor, an appropria- tion shall be made to pay such sum as has been assessed against the city; and the amounts assessed by the jury against the property shall be a lien on the several lots and parcels of prop- erty charged, from the day the ordinance providing for the im- provement takes effect until paid and if not paid within thirty days, after the confirmation, shall bear interst at the rate of fifteen per cent per annum from the confirmation of the verdict, and shall be collected by the city as provided by ordinance, by srit or otherwise, as any other special tax, or by special execu- tion as follows, viz. : A special tax bill may be issued by the city clerk, under his hand and seal of the cify, against any lot or parcel of ground assessed, which bill shall contain a descrip- tion of such lot or parcel of ground, the names of the owners thereof, and the amount assessed against the same, as appears by the verdict, and state that the assessment has been made to pay compensation for private property taken for the purpose specified in the ordinance providing for the improvement, giv- ing the title and date of approval thereof, and that such assess- ment has been confirmed by ordinance, giving the title and date of approval of same ; and the amount of such assessment shall bear interest as herein provided. Each tax bill so issued shall be filed in the ofiice of the clerk of the circuit court of Pettis county, and by such clerk recorded and indexed as a judgment in favor of the city against the property described in REVISED ORDINANCES I 37 the bill. At any time after the filing and recording of any such tax bill as aforesaid, a special execution may be issued thereon, out of said circuit court in vacation or term time, as on a judg- ment of the court in favor of the city; which execution shall recite the tax bill or the record thereof, and state when the bill was filed, and be directed to the sheriff of Pettis county, and command him, in case the assessment, interest and costs be not paid to him, to sell the property therein described, or so much thereof as may be necessary to pay such assessments, interests and cost-. The proceedings under such special executions shall, as far as practicable, conform to the proceedings on special exe-cutions on ordinary judgment foreclosing liens on lands. Any sale, incl iding the making of a deed by the sheriff to the purchaser, made as aforesaid, shall vest in the purchaser all the right, title, interest and estate in the land of the parties named as owners in the tax bill, who have not paid their share of the assessment, and all parties claiming through or under them or any of them by operation of law or otherwise, shall be bound thereby. Tax bills filed and recorded as aforesaid shall be sub- ject to the order of the circuit court, and may be set aside, or the amount of the assessment reduced, on motion of any party interested in the property assessed, the city having reasonable notice of the filing of such motion and the object thereof. If no title can be acquired under the proceedmgs to any of the property sought to be taken, the court shall set aside any bill and assessment on motion. If by reason of any defect or omission in the proceedings the city can not acquire title or right to any particular parcel of property, or to any interest in any parcel of property sought to be taken, the court shall, on the facts being made to appear, reduce the assessment by de- ducting therefrom so much thereof as was assessed on account of the property or interest in the property sought to be taken, but not acquired, to be determined, as far as practicable, from the verdict of the jury making the assessment, and award execution for the residue. No assessment shall be effected or interfered with for the reason that any other assessment or as-' 138 REVISED-' ORDINANCES. sessments made in the same proceedings may be invalid in whole or in part. Executions and proceedings thereon shall be under the control of the circuit court or the judge thereof, as in ordinary civil cases. The owner of any individual interest in any lot or parcel of property assessed may pay his share sep- arately. No sale on execution, or any special tax bill, shall be effected or invalidated because there may have been ground to set aside or reduce the bill. In the case of the death of any property owner, pending any proceedings under this chapter, it shall not be .necessary to bring in his representative to revive judgment against him, though it may be done if advisable. The city may resort to all or any of the modes of collecting .^uch assessments at the same time, but shall have only one sat- isfaction. Money collected on such assessments shall be used only to pay such compensation, and interest collected shall be apportioned and paid equitably to the owners of the property taken. Section 65. In case the city or any defendant to such proceedings shall feel aggrieved by the verdict of the jury, such party so aggrieved may, witliin twenty days from the time the verdict of the jury is confirmed by the council, appeal to the circuit court in and for Pettis county. If the appeal is taken by either party, the same shall be taken and perfected by the filing with the clerk of the city, within the tine aforesaid, such an affidavit as is required by law in appealing from the judgment of a justice of the peace. If an appeal is so taken, the clerk of said city shall, within fifteen days from the taking of such ap- peal, file a complete transcript of the proceedings, and all papers filed and used in the trial, certified by him, with the clerk of the circuit court; and the circuit court shall thereupon become possessed of the cause, and said cause, unless dismissed, shall be tried de novo in said court, and the parties thereto shall have a speedy trial thereof, and to that end said cause shall have precedence over all other causes ; and if necessary to a full de- termination of any question arising in said cause, the circuit court shall have power to make and bring in other parties to I REVISED ORDINANCES. I 39 such proceedings, on service of notice upon them for six days, or by publishing a notice to them for the same length of time in any daily newspaper published in the city, and the parties so made by either kind of notice, and all persons claiming under them, shall be bound by such proceedings; and if such appeal is taken within fifteen days preceding any term of circuit court in said city, it shall stand for trial at such term ; and if appealed during the sitting of such court, the case shall be immediately docketed upon the filing of the transcript, and stand for trial, and shall at the same term, and shall always stand for trial, and shall not in any case be continued to any succeeding term, but, for good cause, may be postponed from week to week, in the discretion of the circuit judge; and the said circuit court shall always be open for the trial of appeals in such cases, and the judge of such circuit court shall have power, and it shall be his duty, to hold a sitting of the court for the speedy trial thereof, at the court house in said city, at any time in vacation, and summon a jury before him, unless a jury is waived, for the trial of such appeals, only such trials to be had in all respects and subject to the same rules and same law, as other trials had in the circuit court, and the same record thereof made and kept. The verdict of the jury, or the finding of the circuit judge sitting as a jury, as the case may be, shall conform in all respects to the requirements of the goverment of the jury making the first assessment, and the verdict shall have the same force and effect as is provided in regard to said first verdict, and shall be bind- ing on the parties, and the assessment against private property shall be paid in the same time, and until paid, bear the same rate of interest as is above provided ; and the amount assessed by the jury against property shall be a lien on the several parcels of property charged from the day the ordinance for the im- provement takes effect until paid ; and if such assessments are not paid within ten days from the filing of the verdict of the jury, a special execution shall issue against the several lots or parcels of land against which assessments for benefits are so made, which execution shall specify and show a description of the lot, I40 REVISED ORDINANCES. the owner thereof, and the amount assessed against the same, as shown by the verdict of the jury, and state that the assess- ment has been made to pay compensation for private property taken for the purpose specified in the ordinance providing for the improvement, and be directed to the sheriff of Pettis county, and commanding him, in case said assessment, interests and costs be not paid to him, to sell the property therein de- scribed, or so much thereof as may be necessary to pay such as- sessment, interest and costs. The proceedings under such execution, making a deed to the purchaser, shall conform to ordinary proceedings on special executions issuing out of said court in ordinary cases ; and the said proceedings, sale and deed shall have the same effect and force as is stated in section 64. Said execution shall issue in favor of the City of Sedalia, and when paid, the money shall be held by said city as a special fund for the payment of damages assessed for property taken under said proceedings. On appeal under this section, the jury shall consist of six men, freeholders of the city and any finding or verdict in that court shall, unless set aside for good cause, be confirmed, and judgment entered thereon, that the city have and hold the property sought to be taken for the purposes speci- fied in the ordinance providing for the improvement, and pay therefor the amount assessed against the city, and full compen- sation assessed therefor, and that the several lots and parcels of private property assessed to pay compensation by the verdict or finding stand charged and be bound, respectively, for the payment of assessments, with interest as provided in this chap- ter; and such judgment shall be enforced by special execution to collect assessments as aforesaid, without special tax-bills; and the court or judge may, by execution or otherwise, put the city in possession of the proporty taken, or any part thereof, the full compensation therefor being paid or tendered. Appeals shall be taken to the circuit court of Pettis county and the court shall tax and charge costs in appeals according to equity. Sec. 66. As soon as practicable after the confirmation of any verdict by the council, the city clerk shall file a full record I REVISED ORDINANCES. I4I in a book provided for that purpose, of such proceedings, which record shall contain correct copies of all ordinances constituting part of the proceedings, the notices to the parties to the pro- ceedings, and returns thereon; all notices published and the proofs thereof, all orders by the mayor, the names of the jurors and when empaneled, and the verdict of the jury, and such other documents and mattsrs as the ordinances of the city may require. The mayor shall examine such final record of such proceedings, and, if it be correct, sign the same; and thereafter such record, or copy therof, certified by the city clerk, under his hand and seal of the city, shall be competent evidence in all courts of this state of facts stated therein. The original papers shall be carefully preserved by the city clerk. The city shall pay all costs of the proceedings to take private property except costs of the proceedings to collect assessments, which shall be taxed and paid as costs in ordinary cases. If the city fail to collect any assessments, in whole or in part, it may pay the amount so not collected, out of the city treasury. The com- pensation of officers for services rendered in pursuance of the foregoing sections shall be fixed by ordinance. 142 REVISED ORDINANCES. CHAPTER 8. DOGS. Section 67. Three months old, to be regis- tered and tax paid. 68. What tax to be paid and when, dog to wear collar and be reg- istered, how. 69. Collar to be worn by registered dog. 70. To run at large between the ist day of June and the ist day of September without being muz- zled unlawful. 71. To be taken up and impounded when, may kill when. 72. Dog impounded how reclaimed, how long to remain in pound. 73. Upon proof that the proper Section collar had been procured and the dog registered the owner may reclaim dog, how. 74. Bitch running at large and in heat to be killed or impounded when, fee to redeem from pound. 75. Meaning of words '"year" and "dog" as used in this chapter. 76. What dogs liable to be taxed. 77. Misdemeanor to keep unregis- tered dog, or not to keep muz- zled when required. 78. Provisions of this chapter not to apply to certain dogs, fee of marshal for killing. Section 6'] . No dogs above the age of three months shall be permitted to remain in the City of Sedalia, unless such dog shall be registered ; and the tax imposed on the same by ordinance shall be paid by the owner thereof. Sec. 68. The tax on each male dog in the City of Seda- lia shall be one dollar for each year, and for every bitch or fe- male dog shall be three dollars per year, payable for the use of the city, to the city marshal, who shall procure metallic plates, having cast or raised thereon the letters C. T. P., and figures indicating the year for which the tax has been paid, and a num- ber corresponding to the number of the registry on the book in which dogs shall be registered ; and the city marshal shall regis- ter in a book to be kept by him for that purpose, the name of the owner of each dog registered, and a description of the dog so registered. Sec. 69. It shall be the duty of every owner of a regis- tered dog to keep, at all times, around the neck of such dog a REVISED ORDINANCES. I43 collar not less than three-fourths of an inch wide, to which shall be attached, by a metallic fastening, the circular metallic plate mentioned in the next preceding section of this chapter. Sec. 70. It shall be unlawful for any person or persons living within the corporate limits of the City of Sedalia to per- mit any dog or dogs owned by them, or under their control, to run at large in the City of Sedalia between the first day of June and the first day of September of each year unless each dog shall be muzzled with a wire muzzle or other metallic muzzle. Sec. 71. It shall be the duty of the city marshal and every policeman to take up and impound, in a suitable place, to be designated by the city marshal, the location of which, notice shall be given by a bill posted up in the rooms of the city police judge, all dogs above the age of three months found in the limits of the city without collars around their necks, marked as provided by the provisions of this chapter; and all dogs lound running at large in the limits of the city between the first day of June and the first day of September of each year, and not muzzled as provided by section 70 of this chapter ; Pro- vided, that it shall be the duty of the city marshal and police- men to kill any dog that can not be conveniently and safely taken up and impounded. Sec. 72. For every dog taken up and confined in the dog pound as provided in the preceding section, a redemption fee of one dollar, together with the annual tax of one dollar, shall be paid, for the use of the city, to the city marshal, whereupon the owner thereof shall have the right to reclaim such dog. Any dog which shall remain two days in the dog pound shall be killed by the city marshal, or by some person by him duly authorized. Sec. 73. If it shall appear to the satisfaction of the city marshal] that any person claiming to redeem a dog confined in the dog pound has registered such dog, and has put around the neck of such dog a collar marked and stamped and that he has properly muzzled such dog according to the provisions of this chapter, but that such collar or muzzle or both have been acci- 144 REVISED ORDINANCES. dentally lost, it shall be the duty of the city marshal to release such dog, and furnish the owner thereof another one of the metallic plates and collars mentioned in section 69, the owner paying the cost of such plate and collar. Sec. 74. It shall be the duty of the city marshal and any policeman to kill every unregistered bitch that may be found running at large in the City of Sedalia while in heat, and to forthwith impound any bitch in heat which may have been reg- istered, and keep her impounded three days, if she be not sooner redee^ned ; and if at the end of three days such bitch be not redeemed, she shall be killed in the manner provided in this chapter. The redemption fee for each bitch shall be five dollars, which shall be paid, for the use of the city, to the city marshal. Sec. 75. The year for the purposes of this chapter shall begin on the second Monday of May in each year, and the word dog, whenever used in this chapter, shall be construed to mean a dog either male or female; and it shall be lawful for the city marshal or any policeman after the lOth day of June in any year, to kill any unregistered dog found running at large in the city limits. Sec. ^6. Dogs arriving at the age of three months, and dogs brought into the city after the second Monday in May in any year, shall be liable to tax ; but the tax on any such dog shall be in the same ratio to the annual dog tax as the part of the year for which such tax shall be paid shall bear to the whole year. Sec. JJ . Every householder or head of a family, suffer- ing or permitting an unregistered dog to remain on his premises ; and every owner of an unregistered dog, and every person own- ing or controlling any dog found running at large within the city limits, between the first day of June and the first day of September of each year and not muzzled as in this chapter pro- vided, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by a fine not less than one nor more than ten dollars, and be moreover, ordered to im- REVISED ORDINANCES. 145 mediately cause such dog to be duly registered, and the tax imposed by this chapter paid therefor. Sec. 78. Nothing in this chapter shall be held to apply to the dogs of movers, teamsters, or other persons who may be temporarily in the city. The city shall pay to the city marshal the sum of fifty cents for the killing of every dog and removal beyond the city limits the carcass thereof. CHAPTER 9. DRAMSHOP LICENSE. Section. 79. Keeper of, to have licen.se; amount of license tax to be paid, and when. 80. Dramshop keeper, who is. 81. Marshal to make list of, and file with city clerk, when. 82. City clerk to issue license, when. 83. City collector to collect license and make report, how and when. Section. 84. License for, not to exceed six months. not transferable, good for but one place of business, fair grounds during fair an exception. 85. Misdemeanor to do business without license, punishment for. 86. Misdemeanor for police officers to fail to enforce, or report violations, punishment for. Sec. 79. Every person desirous of keeping a dramshop, or a beer or wine house, or garden, shall first obtain a license therefor, for which he shall pay a license tax of two hundred dollars for a period of six months, beginning on the fourth day January and July of each year. Should an application for a license be received during the peroid of the current six months, license may be issued for the unexpired portion of the term, and the amount to be charged therefor shall be to the amount for a whole term as the unexpired portion of the term is to the whole term. Sec. 80. A dramshop keeper is a person permitted by law, being licensed according to the provisions of this chapter, to sell intoxicating liquors in any quantity less than ten gallons. Sec. 81. It shall be the duty of the city marshal to find out the nan>e or names of every person or persons, and their 146 REVISED ORDINANCES. place of doing business as dramshop keepers in this city, and make a list of the same, and hand such Hst, duly certified, to the city clerk, one week previous to the commencement of a current six months ; and as often thereafter as new places may be opened, to report the same to the city clerk; and at the ex- piration of thirty days from the beginning of a current six months, he shall, by personal application and inspection, ascer- tain if all dram-shop keepers have procured a city license, and in case any one is found doing business without a license, he shall report the same to the mayor and city council. Sec. 82. It shall be the duty of the city clerk, upon the receipt of such list from the city marshal, or upon the applica- tion of the party, to issue ihe license or licenses, and deliver the same to the city collector on or before the commencement of the term for which the same shall run. Sec. 83. The city collector shall proceed at once to col- lect the licenses vvithout delay, and, within thirty days from the time the licenses are placed in his hands, and at the expiration of thirty days he shall make a detailed report of the collections, and hand the same to the city clerk, together with a receipt from the treasurer for the deposit of the proceeds thereof; and any failure or refusal to pay the license by any person he shall promptly report to the mayor and city council. Sec. 84, No license granted by any of the provisions of this chapter shall continue in force for any longer time than six months, nor shall any such license be transferable, nor shall any license authorize the holder thereof to carry on the business therein mentioned in said license at more than one place at the same time; Provided, however, that any dram-shop keeper, who has fully complied with the provisions of this chapter, may be permitted to carry on the business of a dram-shop keeper at the fair grounds, within the city limits, during the time the fair is being held. Sec. 85. Any person attempting to do business in viola- tion of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upcn conviction thereof, be punished by a REVISED ORDINANCES. 1 47 fine of not less than ten nor more than fifty dollars, or by im- prisonment in the city jail for a period of not less than three days, nor more than ten days, or by both such fine and im- prisonment. Sec. 86. It is hereby made the special duty of the city marshal, and and all rriembers of the police force, to see that the provisions of this chapter are duly enforced, and to report all yiolations of the same to the mayor and city council; and for every neglect of such duty by any officer, such ofificer shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than one nor more than twenty- five dollars. CHAPTER 10. ENGINEERING DEPARTMENT. Section i Section 87. City engineer, how appointed, j 91. Must give grades and lines of qualifications and compensa- tion. 88. Oath and bond of. 89. Duties of. 90. To preserve all maps, plans, etc. keep accurate accounts and perform other duties. streets to all applicants free of charge. 92. Must make general reports from his deparment when re- quired. Sec. 87. There is hereby constituted and established the engineering department of the city government, and the offtce of city engineer. The city engineer shall be appointed at the same time and in the same manner as other appointive ofificers, and shall be a person well skilled in the sciences of civil engineering, and the practical application thereof who shall hold his office for the term of one year, or until his successor is appointed and quali- fied ; and he shall receive, as compensation for his services, the sum of fifteen hundred dollars per year payable monthly at the rate of one hundred and twenty-five dollars per month. Sec. 88. The city engineer shall, before entering upon the duties of his of^ce, take the oath of office required of other 148 REVISED ORDINANCES. city officers, with this addition and to this effect: That he is not and will not, during his continuance in office, be directly or indirectly concerned or interested in any contract made with this city for any public work; and he shall enter into a bond to the city, in the sum of five hundred dollars, with two good and sufficient sureties, to be approved by the mayor, conditioned for the faithful discharge of the duties of his office. Sec. 89. The city < ngineer shall perform all duties en- joined on him by the city council from time to time; he shall also make aH plans and estimates for all work to be contracted for by the city, and shall have general supervision of the same; he shall certify the claims of all contractors for payment, and shall suspend the execution of any contract, when the contrac- tor fails to comply with the terms of his contract, or with his directions in relation thereto and consistent therewith. Sec. 90. It shall be the further duty of the city engineer to preserve in his office all maps, plans and surveys of the city, or any part thereof, with all records, books, papers, and all other things relating thereto; keep full and accurate accounts of all receipts and disbursements made under his supervision ; cause to be canied into effect all ordinances concerning streets and alleys, and other public places, and superintend the open- ing, improvement and repairing thereof. Sec. 91 It shall be the duty of the city engineer to give the grade, where the same has been established, and the line of streets and alleys, to all persons applying therefor, free of charge. Sec. 92. The city engineer shall make a general report of all operations in his department, from time to time, to the city council, as they may require. REVISED ORDINANCES. 149 CHAPTER II. FIRES AND FIRE COMPANIES. ARTICLE I. — Fire limits and fire companies. ARTICLE II. — Protection against fires. ARTICLE I. FIRE LIMITS AND FIRE COMPANIES. Section 93. Fire limits, what constitutes; buildings of certain materials to be erected within. 94. Erection or removal of build- ings within fire limits of differ- ent materials; plans, etc., as required; to be abated and re- moved, how; penalty for. 95. Hay, strsw, shavings, etc., not to be left in thickly settled places, etc.; duty of marshal in such cases. 96. Stove-pipes, flues, etc., must be put up and placed in what manner. 97. Inspection by marshal of modes of heating houses. 98. Chimneys and flues to be cleaned in May and Novem- ber. 99. Ashes not to be deposited in wooden vessels, fire-crackers, fire-rockets, etc., not to be sold or used within city limits. 100. Misdemeanor to violate preced- ing sections, punishment for. 10 r. Fire department, to consist of what. 102. Chief engineer of, term of office, powers, bond, etc. 103. Foreman, must be one for each hose, hook and ladder com- pany, powers of. 104. Foreman to be appointed and removed, how and by whom. 105. Members of fire companies, qualifications of. 106. Chief engineer, duties of Section 107. Absence of chief engineer at fire, who to act. 105. Chief engineer to see that reg- ulations are enforced, etc. 106. Fire alarm bells, how and where established; duty of po- lice in reference thereto, and punishment for failure to per- form. 1 10. Chief to keep record of mem- bers, property, etc., of fire de- partment. 111. Duty of the foreman of each company, chief may appoint in case of absence. 112. Duty of members of fire de- partment. 113. Members not allowed to form any but benevolent associa- tions, not to electioneer with tickets, keep or drink intoxi- cants, etc. 114. Parties other than members not to loiter about engine houses; religious belief no grounds for dismissal of member. 115. Duties of foremen at fires, and conduct in going to and from fires. 516. Misdemeanor for any one to drive, run over, etc., any hose in use at fire, etc., punishment for. 117. Failure of officer or member of fire company to pay debt, ef- fect of. 118. Compensation of officers and members of. ISO REVISED ORDINANCES. Section 93. The following are established as fire limits in the City of Sedalia within which it shall be unlawful to erect or remove any building the outer walls of which, are in whole, or part constructed of any material other than brick, stone, or other incombustible materials, or the roof of which shall be otherwise than fire-proof, viz: Beginning at the intersection of Moniteau and Pacific streets, thence east along Pacific street to Lamine avenue; thence south to Missouri Pacific railway tracks; thence east to Washington avenue; thence south to alley in block eight — about midway between Third and Founh streets ; thence west along said alley to Massachusetts avenue; thence south to F'ifth street; thence west to Limine avenue ; thence south to Broad- way or Eighth street ; thence west to Kentucky avenue ; thence north to alley in block forty-three between Third and Second streets,; thence west to Moniteau avenue; thence north to the place of beginning: Provided, barns, sheds, stables and other buildings, except smoke-houses and buildings used for resi- dences, may be constructed and erected within the fire limits herein established, upon conditions that the person so desiring to erect such buildings shall first obtain the written consent to do so from every person owning or leasing property in the block in which such building is designed to be erected and shall also first obtain the consent of the city council to erect such building; Provided, however, that no such buildings shall be erected except in cases to rebuild or replace an old building by a better or new building. Sec. 94. The city council upon being informed that any person has commenced or put up, or removed into the fire limits, as established by this article, any building in violation of the provisions herein, shall cause such buildings to be removed and abated, and it shall be the duty of the city marshal, when ordered by the council, so to do, to raze, remove and abate such buildings so commenced, put up, or removed within the fire limits, and collect from the person owning or erecting the same, the expenses thereof, and shall in addition to the liability of paying the expenses of such removing and razing of such building, be deemed guilty of a misdemeanor, and upon convic- REVISED ORDINANCES. 151 tion thereof, be punished by a fine of not less than one nor more than one hundred dollars, or be imprisoned in the city jail not more than three months, or by both such fine and im- prisonment. And every day that such building shall remain so, in violation of the provisions of this article, shall constitute a distinct and separate offense. Sec. 95. No person shall leave, in a thickly settled part of the city, or in close proximity to fire, any hay, straw, or shavings or other like matter whatever, of a tendency to receive and communicate fire; and if at any time any such materials are found in such location, or in such quantity as to increase the danger of fire, in the opinion of the city marshal, he shall notify the person on whose premises the same are found to immedi- ately remove them, if such person can be found, and if not, or if the person on whose premises the same are found fails or re- fuses to remove such materials, or any of them, found thereon, the city marshal shall immediately remove them, or see that it is done. Sec. 96. No person owning or occupying a house in the city of Sedalia, shall permit a stove-pipe to run through any window, wall, partition or roof, unless the same enter stone, brick or double pipe flues, or ventilating flues, nor nearer than four inches to any wood; all stove-pipes shall, where they pass through shed roofs, or roofs of houses where the roof is so con- structed as to not permit of such flues or chimneys as are herein required, be at least five inches from the wood, and secured firmly by a strong piece of sheet iron ; and any person using stoves within the city shall not permit them to approximate nearer than ten inches from any wood, either in the floor or wall of the house in which they are used, and shall in all cases have brick, stone, zinc or sheet iron between the stove and wooden floor or wall on or by which such stove may be situated. Sec. 97. It shall be the duty of the city marshal, assisted by one or more policemen, if occasion requires, to proceed throughout the city of Sedalia, in the months of May and November in each year to inspect every house, keeping a record 152 REVISED ORDINANCES. of the manner of warming said houses, also a list of all such houses in which the provisions of this article have not been com- plied with, and make a complete report to the city clerk by the thirtieth of said months in each year. At the time of such in. spection the city marshal shall collect the sum of fifty cents, from every person owning or occupying a house in which the provisions of this article have not been complied with, which he shall pay into the city treasury. Sec. 98. All chimneys and flues used in the city of Sedalia shall, be cleaned of soot and ashes during the months of May and November in each and eve.y year, and it shall be the duty of the city marshal to inspect the same at the time he in- spects stoves and stove-pipes. Sec. 99. No person owning or occupying a house in the city, shall permit any ashes to be deposited upon or in any wooden vessels nearer than ten feet from any house or fence; and no person shall sell, or offer for sale, for use within the limits of the city, any fire-crackers, sky-rockets, roman-candles, or other combustible material commonly used on gala days, and no person shall use any of said materials within the city limits by firing off or discharging the same. Sec. 100. Any person who shall violate any of the pro- visions of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine net less than one dollar nor more than one hundred dollars. Sec ioi. The fire department of the city of Sedalia, shall consist of one chief engineer, one foreman for each regu- larly organized steam engine, hose or hook and ladder company, and for each steam fire engine company, not exceeding five men and for each hose and hook and ladder company, not ex- ceeding five men. Sec. 102. The chief engineer of the fire department, shall hold his office until removed for cause for which he may be removed as other appointed ofificers of the city. He shall have ex-ofificio powers, of the chief of the police of the city, at all fires, and shall give bond to the city of Sedalia in the sum J REVISED ORDINANCES. I 53 of two thousand dollars. In case of a vacancy in said office, it shall be filled by appointment, as provided for, by the charter of the city of Sedalia. Sec. 103. There shall be a foreman for each regularly organized steam engine, hose or hook and ladder cumpany, who shall have command of the men, and apparatus belonging to the company, and take charge of the apparatus at fires, and caus^ to be executed all orders of the chief engineer, or the officer who may exercise the duties of the chief engineer, and the chief engineer shall act as foreman of company No. 2. Sec. 104. The foreman and other members of the fire department shall be appointed by the chief engineer, by and with the advice and consent of the mayor, and tire department committee. They or any of them may be removed by the chief engineer for neglect of duty, or for any good and sufficient cause. Sec. 105. No person under twenty-one years of age shall be employed as a member of the fire department of the City of Sedalia, nor shall any person be employed who is not a citizen of the United States, and a legal voter in said city. Sec. 106. The chief engineer shall be responsible for the discipline, good order, and proper conduct of the whole fire de- partment, and for the care of the houses, engines, hose car- riages, and all the property belonging to the fire department. He shall have supcrintendency, control and command of all the officers and men belonging to the fire department, and all the engine and other houses for the purposes of the fire department, and all the engines and all other apparatus belonging to the city, and all persons present at fires. He shall wear a proper badge of his office, and when a fire breaks out in the city, he shall take proper measures for the arrangement of the engines and other fire apparatus in the most advantageous position, and work for the effective extinguishment of the fire, and shall have power to call for assistance, if need be, from any or all persons present at fires, as well as members of the fire department, to assist in extinguishing the fire or removing goods and other merchan- 154 REVISED ORDINANCES. disc from any building on fire, or in danger thereof, and to ap- point guards to insure the safety of the same, and also in pulling down, and demolishing any house or building, if necessity re- quires, and further, to suppress all disorders. It shall also be his duty to cause order to be preserved on going to, working at or returning from fires, and at all other times, when the men of the department are on duty. Sec. 107. In case of the absence of the chief engineer, at any fire that may occur in the city, the foreman of any com- pany first at, the fire shall exercise the duties of the chief engi- neer, with all the power of such chief for the time being. Sec. 108. It shall be the duty of the chief engineer to see that the laws, ordinances and regulations that pertain to the fire department are observed by all persons connected therewith ; to examine into the condition of all houses and apparatus belong- ing to the city, and used for the purpose of the fire department, and see that they are kept in good condition. Sec. 109. The chief engineer and committee on the fire department shall provide as many fire alarm bells as they may deem necessary, and the chief engineer shall designate in what manner they shall be rung. He shall cause every member of the fire department to be well instructed as to the meaning and object of the fire alarm bells. It shall be the duty of the mem- bers of the police department, immediately upon the discovery or upon authentic information of the fire, to cause the nearest fire alarm bell to be rung, if in their power to do so, and it shall be the duty of the night police, upon <-he alarm of fire, to give further notice thereof by crying "fire!" and if any policeman shall violate any of the provisions of this section, so far as his duties are concerned, he shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be discharged from service in the police department. Sec. no. The chief engineer shall, in suitable books, keep or cause to be kept a record of the names, ages and resi- dences of all the members of the fire department, the time of their admission and discharge, and an inventory or record of all REVISED ORDINANCES. I 55 the property belonging to the fire department, and every par- ticular connected with each fire that may occur, stating what property was destroyed, giving its discription, the name of its owner, and occupant, where located, and its value, amount of loss and insurance, and if possible, the cause of the fire. He shall keep a record of the false alarms, and the expense con- nected with the department, keeping the expense of each com- pany separate, and such lacts and information as he may deem of value, to be preserved, and shall annually at the close of each fiscal year, report to the council the summary of the record preserved during the preceding year, and such other informa- tion as he may deem proper, which report the council may di- rect to be published. Sec. III. It shall be the duty of the foreman of each company to see that the engine and fire apparatus and property committed to his care, an 1 the several buildings in which the same are deposited, and all things in or belonging to the same, are kept neat and clean, and in perfect order for immediate use. It shall also be his duty to preserve order and discipline at all times, in his respective company, and require and restrict close observance and compliance of the ordinances and rules and reg- ulations of the department. It shall further be the duty of the foreman to keep such books and records, as the chief engineer may require, and to furnish such information as he may have, to the chief engineer to enable him to keep the record required by ordinance. Any foreman who shall refuse or neglect to obey the orders of the chief engineer shall be discharged from the service. In the absence of the foreman of any company the chief engineer shall appoint some member to fill his place, dur- ing his absence, with full power to act and perform all the duties of such absent foreman. Sec. 112. The members of the fire department shall per- form such duties as may be imposed upon them by the chief engineer or the foreman of their company, and shall wear such uniform, caps, badges, etc., as the chief engineer and commit- tee may direct. 156 REVISED ORDINANCES. Sec. 113. No association or organized society, or club of firemen as such, shall be allowed except benevolent associa- tions; nor shall any member of the fire department take any part in any election by peddling tickets or electioneering in any manner; no spirituous or malt liquors shall be kept or drunk in any engine or other house used by the fi.e department. Any member found ixtoxicated or drunk, may be discharged. Sec. 1 14. Persons not members of the fire department, are not permitted to frequent, meet or loiter around the engine houses used by the fire department. Men on duty at such houses, who may allow the same, shall be subject to dismissal. No ol^cer or member shall be discharged from the fire depart- ment on account of his religious or political principles. Sec. 115. The foreman of each company shall be with his pipe when at fires, and shall see that his line of hose is well guarded and in no instance shall members allow any person ex- cept membero of the fire department to ride on the apparatus either going to or from a fire. Racing to or from fires is not allowed under any circumstances, under penalty of dismissal; and if the apparatus of more than one company proceed on the same street, to or from a fire, they shall go in single file. Sec. 116. Whenever any hose used in the fire depart- ment are laid upon any street, alley, or any vacant lot for the purpose of being used by the fire department, it shall not be lawful for any wagon, carriage, street railway car, locomotive or railroad car, or any other vehicle, to pass over the same, and the owner, owners or drivers of any wagon, carriage, street railway car, locomotive or railroad car or any other vehicle, who shall drive or run or cause such vehicle or vehicles to be driven or run over such hose, shall be deemed guilty of a mis- demeanor and upon conviction thereof, be fined not less than five nor more than fifty dollars. Sec. 117. Any officer or member of the fire department neglecting or refusing to pay a just debt contracted during his connection with the department shall be discharged from the service. REVISED ORDINANCES. 157 Sec. 118. As compensation for services rendered by the officers and employes in the city fire department, they shall hereafter be paid as follows : Chief Engineer per month, seventy-five dollars. Foreman per month, seventy dollars. Drivers per month, fifty dollars. Hosemen per month, fifty dollars. ARTICLE II. PROTECTION AGAINST FIRES. Section 119. To erect sheds, wooden build- ings, etc., must have permit, duty of city engineer in re- gard to same. 120. Permits, how and by whom issued; building to be removed at expense of owner, when. 121. Misdemeanor to erect building not in compiance with the provisions of this article, pun- ishment for. 122. Pitch, tar and inflammable sub- stances must be boiled, where and how. 123. Shavings, grass, etc., not to be burned in any street or alley, or near building. 124. Lighted torch, candle, etc., around and in stables to be enclosed in lantern. 125. Hay, straw, etc., must be en- closed to protect from flying sparks. 126. Burning coal or brand not to be carried in street, without being enclosed. 127. Gas, in any building not to be turned on without being lighted. Section 1 28. Fire arms not to be dis- charged, except by whom, and where. 129. Rockets and pyrotechnics not to be discharged except by written consent of mayor. 130. Squibs, crackers and other fireworks not to be dis- charged. 131. Platform of brick, zinc or sheet-iron must be placed beneath stove, etc. 132. Stoves must not be within eight inches of wall, unless protected. 133. Stove-pipes, to be put up how and by whom designated, misdemeanor to fail to put up pipe in manner prescribed. 134. Smoke stacks and chimneys, to be erected how. 135. Flues and chimneys to be burned out, how and when. 136. Misdemeanor to violate any of provisions of this article, pun- ishqient for, when not other- wise provided for. Section 119. Whenever any person or persons, corpora- tion or corporations, are desirous of erecting any structures as are included in the term "shed," "wooden building," "frame 158 REVISED ORDINANCES. building," iron-clad building," and the like, they shall petition the city council, setting forth the proposed location, the esti- mated or actual cost and the contract time for completion, together with the plans, and specifications and general draw- ings of the structure. The city engineer shall rigidly inquire into the propriety of granting such permit, and in no case shall such permit be granted except upon a petition of three-fourths majority of the owners of property in the block in which the building is proposed to be erected, asking for its ereetion. In all cases where there is any doubt in the mind of the city engi- neer as to the propriety of issuing any such permit, he shall present such application to the city council with such recom- mendation as he shall deem proper. In cases where no per- manent foundation for a substantial building exists, and in the opinion of the city council an iron-clad or wooden building will not prove hazardous to the surrounding property, a permit may be granted for the erection of the same by the engineer upon an order of record to that effect made by the city council. Sec. 120. All permits authorized as herein provided, shall be issued by the city engineer, and shall contain a pro- vision that whenever, in the opinion of the city council, the building becomes dangerous to surrounding property, it shall be removed at the expense of the owner, within thirty days after notice in writing has been given by the city council, such notice to be countersigned by the mayor. Sec. 121. The city engineer may issue permits for the erection of wooden and other buildings in the manner authorized by the provisions of this article, and any person who shall erect any building in violation of the provisions herein, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten nor more than one hundred dollars. Sec. 122. No person shall in this city boil any pitch, tar, rosin, turpentine, varnish or other inflammable substance, unless the same be done in an open place and at least twenty feet from any building that might be injured thereby, or in a fire- REVISED ORDINANCES. 159 proof building; Provided, hoivever, that for roofing or roof re- pairing, the materials necessary therefor may be boiled in the roadway immediately adjoining the curbstone. Sec. 123. No person shall burn any shavings, dry grass, paper, paper-boxes, straw or other combustible matter, in any street, alley or other thoroughfare or public place, or near any inhabited place in this city. Sec. 124. No owner or occupant of a livery stable, or other stables in this city, shall by himself or those in his em- ploy, use therein or in any place containing hay, straw or other combustible matter, any lighted candle, torch or other light, except the same be securely kept within a tin, horn or glasj lantern. Sec. 125. No person shall, except upon farm land, where the same can be put at a reasonably safe distance from buildings and other improvements, have, put or keep any hay or straw, in stack or pile, without having the same inclosed or secured, so as to protect it from flying sparks of fire. Sec. 126. No person shall in this city carry, or cause to be carried in any street or thoroughfare, any burnmg coal or brand unless the same be shut up in a covered vessel. Sec. 127. No person shall in any building in this city, of whatever name, nature or description it may be, turn on the gas, or cause or suffer the same to be turned on, or escape from gas pipe in such building, unless such gas be lighted at once, and kept burning until properly turned off. Sec. 128. No person not being a member of the police force, sheriff or his deputy, constable or his oeputy, or on duty in a military corps, and acting under orders from the commander thereof, or not being a manufacturer of fire arms, and trying or proving articles manufactured by him, so as not to endanger or injure persons or property in the neighborhood, shall discharge any kind of fire arms in this city, and then only by permission from the mayor. Sec, 129. No person shall, in this city, discharge or set off any rockets, or other pyrotechnic exhibition, without the l60 REVISED ORDINANCES. written consent of the mayor, specifying the time and place, when and where the same may be done. Sec. 130 No person shall, in this city, fire or set off any squib, cracker or other lire-works not previously desig- nated. Sec. 131. Any person setting up any stove or furnace on a wooden floor in any building in this city shall place be- neath the lower plate fronting the fire door of such stove or furnace a platform of brick, or zinc, or sheet-iron, or other non- combustible material, which shall extend at least six inches beyond such lower plate in every direction. Sec. 132. No person shall set up or use a stove the top of or any side of which shall be within eighteen inches of any part of the wood work of the wall or partition of any building, without protecting such wood work with a metallic covering, so as effectually to prevent the same from taking fire from such stove. Sec. 133. In all cases where a stove-pipe projects or pasess through the roof or wood work of a building, the pipe shall be separated from such roof or wood work at least six inches, by sheet-iron or other incombustible material, and shall project above or beyond the roof to the height designated by the city engineer, or committee on public buildings, or other ofilicer hereafter authorized by ordinance to take charge of such matters, which height shall in no case be less than three feet, and any person or persons failing or refusing to comply with the provisions of this section shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not less than one dollar and not more than one hundred dollars. Sec. 134. No smoke-stack or chimney used in connec- tion with any manufacturing or other establishment, wherein steam power or other power is used, shall hereafter be erected of less height than twenty-five feet above the buildings situated within a radius of three hundred feet, unless with the written consent of the owner or owners of such buildings. REVISED ORDINANCES. l6l Sec. 135. The owner or occupant of any house, shop or other 'building in this city, shall cause the flues or chimneys thereof to be swept or burned out as often as requisite to keep the same clean. In cases of burning out a flue it shall be done in the day time, and only when a rain is falling or when the roof of the building is covered with show. If any person shall cause the flues or chimneys of any house ocupied by him to be fired at any other time than herein expressed, he shall be liable to the penalties hereinafter prescribed. Sec. 136. Any person violating any of the foregoing provisions contained in this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, where the punishment is not hereinbefore specified, be fined not less than one dollar nor more than one hundred dollars. l62 REVISED ORDINANCES. CHAPTER 12. GRADES OF STREETS. Section 137. Clay street, between Washing- ton avenue and Missouri ave- nue. 138. Henry street, between Wash- ington avenue and Park ave- nue. 139. Jolinson street, between W'ash- ington avenue and Park ave- nue. 140. Morgan street, between Wash- ington avenue and Park ave- nue. Cooper street, between Wash- ington avenue and Park ave- nue Pettis street, between Mill street and Park avenue. 143. Jefferson street, between Wash- ington avenue and Missouri avenue. St. Louis street, between Mill street and Lamine avenue. Pacific street, between Lamine avenue and Moniteau avenue. Benton street, between Moni- teau avenue and Missouri ave- nue. 147. Tower avenue, between Heard avenue and Engineer street. 148. Jackson street, between Heard avenue and Engineer street. 149. Walnut street, between Heard avenue and Engineer street. 150. Chestnut street, between Heard avenue and Engineer street. 151. Boonville street, between Heard avenue and Brown street. 152. Saline street, between Heard avenue and Brown street. 153. Howard street, between Heard avenue and Brown street. 154. Harvey street, between Heard avenue and New York ave- nue. 141. 142. 144. 145- 146. Section 155. Main street, between Mill street and western city limits. 156. Second street, between Mill street and Park avenue. 157. Wilkerson .street, between Mon- iteau avenue and Park ave- nue. 158. Third street between New York avenue and Barrett avenue. 159. Linn street, between Heard avenue and Emmet avenue. 160. Fourth street, between a point 270 feet east of the east line of Emmet avenue and Barrett avenue. 161. Fifth street, between a point 270 feet east of the east line of Emmet avenue and Barrett avenue. 162. Sixth street, between lots t6 and 15 and 7 and 8, McVeys addition, between New York avenue and Center street. 163. Sixth street, between lots 14 and 13 and 9 and 10, McVey's addition, between New York avenue and Center street. 164. Sixth street, between Center street and Carr avenue. 165. Seventh street, between New York avenue and Park ave- nue. 166. Broadway street, between east- ern citj' limits and Thompson avenue. 167. Ninth street, between New- York avenue and Thompson avenue. 168. Tenth street, between New York and Thompson avenues. 169. Eleventh street, between New York avenue and Thompson avenue. 170. Twelfth street, between New REVISED ORDINANCES. 163 Section York avenue and Washington avenue. 171. Thirteenth street, between Wagner street and Grand avenue. 172. Fourteenth street, between En- gineer street and Grand ave- nue. 173. Fifteenth street, between En- gineer street and Grand ave- nue. 174. Magnolia avenue, between Moniteau avenue and Grand avenue. 175. Sixteenth street, between the eastern and western city limits. 176. Seventeenth street, between Engineer street and Grand avenue 177. Eighteenth street, between En- gineer street and Grand ave- nue. 178. Ninteenth street, between En- gineer street and Moniteau avenue. 179. Twentieth street, between En- gineer street and Grand ave- nue. 180. Twenty-third street, between Missouri avenue and Grand avenue. 181. Twenty-fourth street, between Engineer street and Grand avenue. 1 82. Barrett avenue, between Third and Fifth streets. 183. Thompson avenue, between Third and Twelfth streets. 184. Carr avenue, between Third and Twelfth streets. 185. Sneed avenue, between Third and Twelfth streets. [86. Park avenue, between Henr}- and Twelfth streets. 187. vStewart avenue, between Henrj' and Twelfth streets. 188. Quincy avenue, between Henry and Twelfth streets. 189. Prospect street, between Henry and Twelfth streets. 190. Grand avenue, between Henry and Twenty -eight I streets. 191. Harrison avenue, between Main and Eighteenth streets. 192. Missouri avenue, between Clay and Twenty fourth streets. Section 193. Vermont street, between the Missouri Pacific right-of-way and Eighteenth street. 194. Moniteau avenue, between Clay and Twentieth streets. 195. Kentucky avenue, between Pa- cific and Twenty-eighth streets. 196. Osage avenue, between Clay antl Twentieth streets. 197. Ohio avenue, between Clay and Twenty-eighth streets. 198. Laniine avenue, between Clay and Twenty-eighth streets. 199. Mas.-achusetts avenue, between Main and Thirteenth streets. 200. Washington avenue, been Clay and Twenty-eighth streets. 201. Lafayette avenue, between Third and Seventeenth streets* 202. Mill street, between Pettis and Third streets. 203. Ingram avenue, between Broad- way and Twenty-eighth streets. 204. Thompson street, between Third and Nineteenth streets. 205. Street running north and south between Thompson and Han- cock avenue.''-, iind Thirteenth and Ninteenth streets. 206. Hancock avenue, between Third and Ninteenth streets. 207. Marvin street, between Third and Twentieth streets. 208. Montgomery street, between Third and Twentieth streets. 209. Brow'n street, between Third and Twentieth streets. 210. Summit street, between Third and Twentieth streets. 211. Engineer street, between Tower avenue and tw'enty-fourth street. 212. Wagner street, between Third and Fourteenth streets. 213 Hurley street, between Saline and Howard streets. 214. Hill street, between Tower avenue and Howard street, 215. Center street, between Third and Twelfth streets. 216. Randolph street, between Sa- line and Howard streets. 217. Porter street, between a point io6y2 feet north of the north 164 REVISED ORDINANCES. Section . line of Seventh street and Twelfth street. 218. New York avenue, between Tower avenue and Twenty- fourth street. 219. Western avenue, between Tow- er avenue and Walnut street. 220. Emmet street, between Tower avenue and a point 120 feet Section feet south of the south line o f Fifth street. 221. Eastern avenue, between Jack- son and Walnut streets. 222. Depp avenue, between Tower avenue and Linn street. 223. Heard avenue, between Tower avenue and Linn street. Sec. 137. The grade of Clay street, between Washington avenue and Missouri avenue, shall be as follows, to-wit: Com- mencing at the east curb line of Washington avenue, grade ele- vation 80.5 feet; thence west on a plane to the west curb line of Washington avenue, grade elevation 80 feet ; thence west on a plane to the east curb line of Lamine avenue, grade eleva- tion 60.2 feet; thence west on a plane to the west curb line of Lamine avenue, grade elevation 59.8 feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 58 feet; thence level to the west curb line of Ohio avenue; thence west on a plane to the east curb line of Osage avenue, grade elevation 55-8 feet; thence level to the west curb line of Osage avenue; thence west on a plane 290 feet to a point, grade ele- vation 53 feet; thence west on a plane to the east curb line of Moniteau avenue, grade elevation 57.4 feet; thence west on a plane to the west curb line of Moniteau avenue, grade elevation 57.6 feet; thence west on a plane to the east curb line of Mis- souri avenue, grade elevation 50 feet; thence level to the west curb line of Missouri avenue. Sec. 138. That the grade of Henry street, between Washington avenue and Park avenue, shall be as follows, to- wit: Commencing at the east curb line of Washington ave- nue, grade elevation 66. 'j feet, thence west on a plane to the west curb line of Washington avenue, grade elevation 66.'^ feet; thence west on a plane 300 feet to a point, grade elevation 64.5 feet ; thence vvest on a plane to the east curb line of Lamine avenue, grade elevation 67.2 feet; thence west on a plane to the west curb line of Lamine avenue, grade elevation 67.4 thence west level 137 feet, thence west on a plane to the east REVISED ORDINANCES. 165 curb line of Ohio avenue, grade elevation 64.4 feet; thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 70.6 feet; thence west on a plane to the west curb line of Osage avenue, grade elevation 71 feet; thence west 187 feet to a point, grade elevation 76.6 feet; thence west on a plane to the east curb line of Moniteau avenue, grade elevation 78.7 feet; thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Missouri avenue, grade ele- vation 60.9 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 70.5 feet, and also com- mencing at the east line of Henry street as laid out in Ritchey's first addition to the City of Sedalia, grade elevation 44 feet ; thence west on a plane to the east curb line of Grand avenue, grade elevation 52.6 feet; thence level to the west curb line of Grand avenue, thence west on a plane 146 feet to a point, grade elevation 55-5 feet; thence level to the west curb line of Prospect avenue, thence west on a plane to the east curb line of Quincy avenue, grade elevation 42 feet; thence west on a plane to to the west curb line of Quincy avenue, grade eleva- tion 41.6 feet; thence west on a plane 137 feet to a point, grade elevation 40 feet ; thence west on a plane to the east curb line of Stewart avenue, grade elevation 43 feet; thence level to the west curb line of of Stewart avenue, thence west on a plane to the east curb line of Park avenue, grade elevation 55 feet; thence level to the west curb line of Park avenue. Sec. 139 That the grade of Johnson street between Washington avenue and Park avenue shall be as follows, to-wit : Commencing at the east curb line of Washington avenue, grade elevation 73.75 feet; thence level to the west curb line of Wash- ington avenue, thence west on a plane 255 feet to a point, grade elevation 83 feet; thence west level 150 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 78.3 feet; thence west on a plane to the west curb line of Lamine avenue, grade elevation TJ .J feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 71.2 l66 REVISED ORDINANCES. feet; thence level to the west curb line of Ohio avenne, thence west on a plane to the east curb line of Osage avenue, grade elevation 80.6 feet; thence went on a plane to the west curb line of Osage avenue, grade elevation 80.9 feet; thence west on a plane 415 feet to a point, grade elevation 94.25 feet; thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 81.0 feet; thence west on a plane to the west curb line of Mis- souri avenue, grade elevation 80.4 feet; and also commencing on the east line of Johnson street as laid out in Ritchey's first ad- dition to the city of Sedalia, grade elevation 50.5 feet; thence level 135 feet; thence west on a plane to the east curb line of Grand avenue, grade elevation 56.40 feet; thence level to the west curb line of Grand avenue, thence west on a plane to the east curb line of Prospect avenue, grade elevation 58.5 feet; thence level to the west curb line of Prospect avenue, thence west on a plane to the east curb line of Quincy avenue, grade elevation 51.00 feet; thence level to the west curb line of Quincy avenue, thence west on a plane to the east curb line of Stewart avenue, grade elevation 50 00 feet ; thence level to the west curb line of Stewart avenue, thence west on a plane to the east curb line of Park avenue, grade elevation 55.7 feet; thence west on a plane to the west curb line of Park avenue, grade elevation 56.3 feet. Sec. 140. That the grade of Morgan street between Washington avenue and Park avenue shall be as follows, to-wit : Commencing at the east curb line of Washington avenue, grade elevation 81.7 feet; thence level to the west curb line of Wash- ington avenue, thence west on a plane 295 feet to a point, grade elevation 91.00 feet; thence west level 100 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 85.6 feet; thence west on a plane to the west corb line of Lamine avenue, grade elevation 85.00 feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 78.00 feet; thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, REVISED ORDINANCES. 167 grade elevation 84.7 feet; thence west on a plane to the west curb line of Osage avenue, grade elevation 85.3 feet; thence west on a plane 285 feet to a point, grade elevation 94.5 feet; thence west on a plain to the east curb line of Moniteau avenue, grade elevation 100 feet; thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 81 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 80.4 feet; and also commencing at the east line of Morgan street as laid out in Ritchey's addition, grade elevation 57 feet; thence west level 130 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 61.75 feet; thence level to the west curb line of Grand avenue, thence west on a plane 135 feet to a point, grade elevation 66 feet; thence west on a plane to the east curb line of Prospect avenue, grade elevation 67 feet ; thence level to the west curb line of Prospect avenue, thence west on a plane to the east curb line of Quincy avenue, grade elevation 65 feet; tiience level to the west curb line of Quincy avenue, thence west on a plane to the east curb line of Stewart avenue, grade elevation 61.5 feet; thence level to the west curb line of Stewart avenue, thence west on a plane to the east curb line of Park avenue, grade elevation 60 feet; thence level to the west curb line of Park avenue. Sec 141. That the grade of Cooper street between Washington avenue and Park avenue shall be as follows, to-wit : Commencing at the east curb line of Washington avenue, grade elevation 94.8 feet; thence level to the west curb line of Wash- ington avenue, thence west on a plane 305 feet to a point, grade elevation 97 feet; thence west level 150 feet, thence west on a plane to the east curb line of Lamine avenue, grade eleva- tion 95-4 feet; thence west on a plane to the west Lamine avenue, grade elevation 95.1 feet: thence west on a plane to the east curb line of Ohio avenue, grade elevation 89 feet; thence west on a plane to the west curb line of Ohio avenue, grade elevation 88.6 feet; thence west on a plane to the east curb line of Osage avenue, grade elevation 86.4 feet; thence l68 REVISED ORDINANCES. level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 99 5 feet; thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 87.4 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 87 feet; thence west on a plane 320 feet to a point, grade elevation 'JJ feet; thence west on a plane 40 feet to a point, grade elevation 76.4 feet; thence west on a plane 350 feet to a point, grade elevation 61.5 feet; thence west 300 feet level, thence west on a plane to the east curb line of Grand avenue, grade elevation 67 feet; thence level to the west curb line of Grand avenue, thence west on a plane to the east curb line of Prospect avenue, grade elevation 78 feet ; thence level to the west curb line of Prospect avenue, thence west on a plane to the east curb line of Quincy avenue, grade elevation ^6 feet; thence level to the west curb line of Quincy avenue, thence west on a plane to the east curb line of Stewart avenue, grade elevation 72 feet; thence level "to the west curb line of Stewart avenue, thence west on a plane to the east curb line of Park avenue, grade elevation 68 feet; thence level to the west curb line of Park avenue, Sec. 142. That the grade of Pettis street, between Mill street and Park avenue, shall be as follows, to-wit : Com- mencing at the east curb line of Mill street, grade elevation 100 feet; thence west on a plane to the west curb line of Mill street, grade elevation 100.5 feet; thence west on a plane to the east curb line of Washington avenue, grade elevation 107.25 feet; thence level to the west curb line of Washington avenue, thence west on a plane 305 feet to a point, grade elevation 108 feet; thence west on a plane to the east curb line of Lamine avenue, grade elevation 107.25 feet; thence level to the west curb line of Lamine avenue, thence west on a plane to the east curb line of Ohio avenue, grade elevation ioi.4feet; thence west on a plane to the west curb line of Ohio avenue, grade elevation 1 01. 1 feet; thence west on a plane to the east curb line of Osage avenue, grade elevation 98.4 feet; thence west on a plane to i REVISED ORDINANCES. 1 69 the west curb line of Osage avenue, grade elevation 98.2 feet; thence west on a plane to the east curb line of Moniteau avenue, grade elevation 95.2 feet; thence west on a plane to the west curb line of Moniteau avenue, grade elevation 94.8 feet; thence west on a plane to the east curb line of Missouri avenue, grade elevation 83.7 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 83.1 feet; thence west on a plane 320 feet to a point, grade elevation 72 feet; thence west on a plane 4o feet to a point, grade elevation 71.4 feet; thence west on a plane 280 feet to a point, grade elevation 66 feet; thence west level 280 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 71.8 feet; thence level to the west curb line of Grand avenue, thence west on a plane to the east curb line of Prospect avenue, grade ele- vation 83 feet; thence level to the west curb line of Prospect avenue, thence west on a plane to the east curb' line of Quincy avenue, grade elevation 81.5 feet; thence level to the west curb line of Quincy avenue, thence west on a plane to the east curb line of Stewart avenue, grade elevation ']'] feet; thence level to the west curb line of Stewart avenue, thence west on a plane to the east curb line of Park avenue, grade elevation 71 feet; thence level to the west curb line of Park avenue. Sec. 143. That the grade of Jefferson street, between Washington avenue and Missouri avenue, shall be as follows, to-wit ; Commencing at the east curb line of Washington ave- nue, grade elevation 112.6 feet; thence level to the west curb line of Washington avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation iio.i feet; thence west on a plane to the west curb line of Lamine avenue, grade elevation 109.6 feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 104.7 feet; thence west on a plane to the west curb line of Ohio avenue, grade elevation 104. 1 feet; thence west on a plane to the east curb line of Osage avenue, grade elevation 99.8 feet; thence west on a plane to the west curb line of Osage avenue, grade elevation 99.2 feet; thence \i^est on a plane to the east curb line of Moniteau 170 REVISED ORDINANCES. avenue, grade elevation 89.40 feet; thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 79.8 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 79.4. Sec. 144. That the grade of St. Louis street, between Mill street and Lamine avenue, shall be as follows, to-wit : Commencing at the east curb line of Mill street, grade elevation 102.2 feet; thence west on a plane to the west curb line of Mill street, grade elevation 102. 6 feet; thence west on a plane to the east curb line of Washington avenue, grade elevation 11 1.5 feet ; thence west on a plane to to the west curb line of Wash- ington avenue, grade elevation 11 1.8 feet; thence west on a plane 150 feet to a point, grade elevation 113. 6 feet; thence west on a plane 40 feet, grade elevation 1 13.2 feet; thence west on a plane to the east curb line of Lamine avenue, grade eleva- tion 107.7 feet. Sec. 145. That the grade of Pacific street, between La- mine avenue and Moniteau avenue, shall be as follows, to-wit: Commencing at the west curb line of Lamine avenue, grade ele- vation 106. 1 feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 101.6 feet; thence west on a plane to the west curb line of Ohio avenue, grade elevation 1 01. 2 feet; thence west on a plane to the east curb line of Osage avenue, grade elevation 96.6 feet; thence west on a plane to the west curb line of Osage avenue, grade elevation 96 feet; thence west on a plane to the east curb line of Kentucky avenue, grade elevation 91.3 feet; thence west on a plane to the west curb line of Kentucky avenue, grade elevation 90.7 feet; thence west on a plane to the east curb line of Moniteau avenue, grade eleva- tion 87.75 feet. Sec. 146. That the grade of Benton street, between Moniteau avenue and Missouri avenue, shall be as follows, to- wit: Commencing at the west curb line of Moniteau avenue, grade eleuation 87 feet; thence west on a plane to the east curb line of Missouri avenue, grade elevation 79 feet; thence west on ^ REVISED ORDINANCES. I/I a plane to the west curb line of Missouri avenue, grade eleva- tion 78.5 feet. Sec. 147. That the grade of Tower avenue, between Heard avenue and Engineer street, shall be as follows, to-wit : Commencing at the east curb line of Heard avenue, grade ele- vation 118 feet; thence level to the west curb line of Heard avenue, thence west on a plane to the east curb line of Depp avenue, grade elevation 119.9 feet; thence west on a plane to the west curb line of Depp avenue, grade elevation 120.1 feet; thence west on a plane to the east curb line of Emmet avenue, grade elevation 128 feet; thence west on a plane to the west curb line of Emmet avenue, grade elevation 128.4 feet; thence west on a plane to the east line of Western avenue, grade elevation 129.5 feet; thence level to the west line of Western avenue, thence west on a plane to the east curb line of New York avenue, grade elevation 128 feet; thence level to the west curb line of New York avenue, thence west level 160 feet, thence west on a plane to the east curb line of Hill street, grade elevation i 18.3 feet; thence west on a plane to ihe west curb line of Hill street, grade elevation 117.7 feet; thence west on a plane to the east curb line of Engineer street, grade elevation I 1 1.5 feet; thence level to the west curb line of Engineer street Sec. 148. That the grade of Jackson street, between Heard avenue and Engineer street, shall be as follows, to-wit: Commencing at the east curb line of Heard avenue, grade ele- vation 120 feet; thence level to the west curb line of Heard ave- nue, thence west on a plane to the east curb line of Depp ave- nue, grade elevation 123.2 feet; thence west on a plane to the west curb line of Depp avenue, grade elevation 123.8 feet; thence west on a plane to the east curb line of Emmet avenue, grade elevation 129 feet; thence level to the west curb line of Emmet avenue, thence west on a plane to the east line of West- ern avenue, grade elevation 127 feet; thence west on a plane to the west line of Western avenue, grade elevation 126.6 feet; thence west on a plane to the east curb line of New York ave- nue, grade elevation 122.4 feet; thence west on a plane to the 172 REVISED ORDINANCES. west curb line of New York avenue, grade elevation 122 feet; thence west on a plane 160 feet to a point, grade elevation 121 feet, thence west level 320 feet, thence west on a plane to the east curb line of Hill street, grade elevation 1 15.3 feet; thence west on a plane to the west curb line of Hill street, grade eleva- tion I 14.70 feet; thence west on a plane to the east curb line of Engineer street, grade elevation 103.3 feet; thence level to the west curb line of Engineer street. Sec. 149. That the grade of Walnut street, between Heard avenue' and Engineer street, shall be as follows, to- wit : Commencing at the east curb line of Heard avenue, grade ele- vation 121.5 feet; thence level to the west curb line of Heard avenue, thence west on a plane to the east curb line of Depp avenue, grade elevation 120.5 feet; thence level to the west curb line of Depp avenue, thence west on a plane to the east curb line of Emmet avenue, grade elevation 124.8 feet; thence level to the west curb line of Emmett avenue, thence west on a plane to the east curb line of Western avenue, grade elevation 124 feet; thence west on a plane to the west line of West- ern avenue, grade elevation 123.6 feet; thence west on a plane to the east curb line of New York avenue, grade elevation 1 20. 1 feet; thei ce west on a plane to the west curb line of New York avenue, grade elevation i 19 7 feet; thence west on a plane 165 feet to a point, grade elevation 116 feet; thence west on a plane 315 feet to a point, grade elevation 113 feet; thence west on a plane to the east curb line of Hill street, grade elevation 114.7 feet; thence level to the west curb line of Hill street, thence west on a plane 265 feet to a point, grade eleva- tion 1 10 feet; thence west on a plane to the east curb line of Engineer street, grade elevation 100 feet; thence level to the west curb 1 ne of Engineer street. Sec. 150. That the grade of Chestnut street between Heard avenue and Engineer street, shall be as follows, to-wit: Commencing at the east curb line of Heard avenue, grade ele- vation 118. 2 feet; thence level to the west curb line of Heard avenue, thence west on a plane to the east curb line of Depp REVISED ORDINANCES. I 73 avenue, grade elevation 116 feet; thence level to the west curb line of Depp avenue, thence west on a plane to the east curb line of Emmet avenue, grade elevation 120.5 feet; thence level to the west curb line of Emmet avenue, thence west on a plane to the east curb line of New York avenue, grade elevation I 17.8 feet; thence west on a plane to the west curb line of New York avenue, grade elevation 117.4 feet; thence west on a plane 480 feet to a point, grade elevation 107 feet; thence west on a plane to the east curb line of Hill street, grade elevation 105 I feet; thence west on a plane to the west curb line of Hill street, grade elevation 104.9 feet; thence west on a plane to the east curb line of Engineer street, grade elevation 96.7 feet; thence level to the west curb line of Engineer street. Sec. 151. The grade of Boonville street, between Heard avenue and Brown street, shall be as follows, to-wit : Com- mencing at the east curb line of Heard avenue, grade elevation 1 12. 1 feet, thence west on a plane to the west curb line of Heard avenue, grade elevation 111.9 feet; thence west on a plane to the east curb line of Depp avenue, grade elevation 109.5 feet; thence level to the west curb line of Depp avenue, thence west on a plane to the east curb line of Emmet avenue, grade elevation 12 1.3 feet; thence level to the west curb line of Emmet avenue, thence west on a plane to the east curb line of New York avenue, grade elevation 116.2 feet; thence level to the west curb line of New York avenue, thence west on a plane to a point 446 feet east of the east line of Hill street, grade elevation 114 feet; thence west on a plane to the east curb line of Hill street, grade elevation 103.90 feet; thence west on a plane to the west curb line of Hill street, grade eleva- tion 103.4 feet; thence west on a plane to a point 242 feet east of the east line of Engineer street, grade elevation 99.6 feet ; thence west on a plane to the east curb line of Engineer street, grade elevation 98.50 feet; thence level to the west curb line of Engineer street, thence west on a plane to the east curb line of Summit street, grade elevation 93.5 feet; thence west level to the west curb line of Brown street. 174 REVISED ORDINANCES. Sec. 152. The grade of Saline street between Heard avenue and Brown street shall be as follows, to-wit : Com- mencing at the east curb line of Heard avenue, grade elevation 102.3 feet; thence level to the west curb line of Heard avenue, thence west on a plane to the east curb line of Depp avenue, grade elevation iii feet; thence west on a plane to the west curb line of Deep avenue, grade elevation 11 1.6 feet; thence west on a plane to the east curb line of Emmet avenue, grade elevation 120.2 feet; thence west on a plane to the west curb line of Emmet avenue, grade elevation 120. 8 feet; thence west on a plane 205 feet to a point, grade elevation 122 feet; thence west level to the west curb line of New York avenue, thence west on a plane to the east curb line of Randolph street, grade elevation 1 14 feet; thence west on a plane to the west curb line of Randolph street, grade elevation 113.8 feet; thence west on a plane to the east curb line of Hill street, grade elevation 1 1 1.4 feet; thence west on a plane to the west curb line of Hill street, grade elevation 1 1 1.2 feet; thence west on a plane to the east curb line of Hurley street, grade elevation 108. 8 feet; thence west on a plane to the west curb line of Hurley street, grade elevation 108.4 ^eet; thence west on a plane to the east curb line of Engineer street, grade elevation 105.7 feet; thence level to the west curb line of Engineer street, thence west on a plane to the east curb line of Summit street, grade elevation 106.9 feet; thence west on a plane to the west curb line of Summit street, grade elevation 107. i feet ; thence level to the east curb line of Brown street, thence west on a plane to the west curb line of Brown street, grade elevation 106. 9 feet, Sec. 153. The grade of Howard street, between Heard avenue and Brown street, shall be as follows, to-wit : Com- mencing at the east curb line of Heard avenue, grade elevation 109.5 feet; thence west on a plane to the west curb line of Heard avenue, grade elevation 109 3 feet; thence west on a plane to the east curb line of Depp avenue, grade elevation 107.5 feet; thence level to the west curb line of Depp avenue, thence west on a plane to the east curb line of Emmet avenue, REVISED ORDINANCES. 1/5 grade elevation 116.8 feet; thence west on a plane to the west curb line of Emmet avenue, grade elevation 117.2 feet; thence west on a plane to the east curb line of New York avenue, grade elevation 122 feet; thence level to the west curb line of New York avenue, thence west on a plane to the east curb line of Randolph street, grade elevation 1 19.4 feet; thence west on a plane to the west curb line of Randolph street, grade elevation 1 19.2 feet; thence west on a plane to the east curb line of Hill street, grade elevation 1 17.9 feet; thence west on a plane to the west curb line of Hill street, grade elevation i 17.7 feet; thence west on a plane to the east curb line of Hurley street, grade ele- vation 1 16.5 feet; thence west on a plane to the west curb line of Hurley street, grade elevation 116.3 feet; thence west on a plane to the east curb line of Engineer street, grade elevation 115.72 feet ; thence level to the west curb line of Engineer street, then:e west on a plane to the east curb line of Summit street, grade elevation 114 feet; thence west on a plane to the west curb line of Summit street, grade elevation 113.4 feet; thence west on a plane to the east curb line of Brown street, grade ele- vation 107.3 feet; thence west on a plane to the west curb line of Brown street, grade elevation 106.7 feet. Sec. 154. The grade of Harvey street, between Heard avenue and New York avenue, shall be as follows, to-wit: Commencing at the east curb line of Heard avenue, grade ele- vation 108.8 feet; thence west on a plane to the west curb line of Heard avenue, grade elevation 109.2 feet; thence west on a plane 340 feet to the M.. K. & T. Railway Co.'s right of way, grade elevation 114,4 feet; thence west level to the M., K. & T. Railway Co.'s right of way, thence west on a plane to the east curb line of Depp avenue, grade elevation II4 feet; thence level to the west curb line of Depp avenue ; thence west on a plane to the east curb line of Emmet avenue, grade elevation 1 16.7 feet; thence level to the west curb line of Emmet avenue. Sec. 155. The grade of Main street between Mill street and western city limits shall be as follows, to-wit: Commenc- ing at the intersection of the north curb line of Main street with 176 REVISED ORDINANCES. the west curb line of Washinj^^ton avenue, grade elevation' i 18 feet ; thence easterly to the intersection of the north curb line of Main street with the east curb line of Washington avenue, grade elevation 114 feet; thence easterly along the north curb line of Main street 187 feet, grade elevation iii 8 feet; thence east along the north line of Main street to its intersection with the west curb line of Mill street, grade elevation 109 feet; thence south along the west curb line of Mill street on a plane to the south curb line of Main street, grade elevation 109. 5 feet; thence westerly along the south curb line of Main street to a point 365 feet west of the west curb line of Mill street, grade elevation 116 feet; thence west along south curb line of Main street to the east curb line of Washington avenue, grade eleva- tion 118 feet; thence west along the south curb line of Main street to the intersection with the west curb line of Washington avenue, grade elevation 118 feet; and also commencing at the west curb line of Washington avenue, grade elevation 118 feet; thence west on a plane to the west curb line of Massachusetts avenue, grade elevation i 14.7 feet; thence west on a plane to the east curb line of Lamine avenue, grade elevation 1 1 1 feet ; thence west on a plane to the west curb line of Lamine avenue, grade elevation. 1 10.4 feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 106. 3 feet; thence west on a plane to the west curb line of Ohio avenue, grade elevation 105.4 feet; thence west on a plane to the east curb line of Osage avenue, grade elevation 100.7 feet; thence west on a plane to the west curb line of Osage avenue, grade eleva- tion 99.4 feet; thence west on a plane to the east curb line of Kentucky avenue, grade elevation 95.2 feet; thence west on a plane to the west curb line of Kentucky avenue, grade elevation 94-5 feet; thence west on a plane 100 feet to a point, grade elevation 91.7 feet; thence west on a plane to the east curb line of Moniteau avenue, grade elevation 89.3 feet; thence west on a plane to the east curb line of Vermont avenue, grade elevation 87.7 feet; thence west on a plane to the west curb Ime of Vermont avenue, grade elevation 87.5 feet; thence west REVISED ORDINANCES. 177 on a plane to the east curb line of Missouri avenue, grade eleva- 85 feet; thence level to the west curb line of Missouri avenue, thence west on a plane to the east curb line of Harrison avenue, grade elevation JT .6 feet; thence west on a plane to the west curb line of Harrison avenue, grade elevation JJ feet ; thence west on a plane 290 feet to a point, grade elevation 73 feet;' thence west on a plane to the east curb line of Gaand avenue, grade elevation 75 feet ; thence level to the west curb line of Grand avenue; thence west on a plane to the east curb line of Prospect avenue, grade elevation 81.2 feet; thence west on a plane to the west curb line of Prospect avenue, grade elevation 81.4 feet, thence west on a plane 150 feet to a point, grade elevation 81.2 feet; thence west on a plane to the east curb line of Quincy avenue, grade elevation 79.2 feet; thence west on a plane to the west curb line of Quincy avenue, grade elevation 78.8 feet; thence west on a plane to the east curb line of Stewart avenue, grade elevation 70.6 feet; thence west on a plane to the west curb line of Stewart avenue, grade elevation 70.2 feet; thence west on a plane to the east curb line of Park avenue, grade elevation 62.5 feet; thence level to the west line of Park avenue, thence west on a plane 965 feet to a point, grade elevation 44.5 feet; thence west on a plane 575 feet to a point, grade elevation 36 feet; thence west on a plane 500 feet, grade elevation 31 feet; thence west on a plane 585 feet to a .point in the western city limits, grade elevation 34 feet. Sec. 156. The grade of Second street between Mill street and Park avenue shall be as follows, to-vvit : Commencing at the west curb line of Mill street, grade elevation 110.35 feet; thence west on a plane to the east curb line of Washington ave- nue, grade elevation 119.80 feet; thence level to the west curb line of Washington avenue, thence west on a plane to the east curb line of Massachusetts avenue, grade elevation 11 5-4 feet; thence west on a plane to the west curb line of Massachusetts avenue, grade elevation i 14.8 feet; thence west on a plane to the east curb line of Lamine avenue, grade elevation 109.6 feet ; thence west on a plane to the west curb line of Lamine 178 REVISED ORDINANCES. avenue, grade elevation 108.4 feet; thence west on a plane to the east curb line of Ohio avenue, grade elevation 102.9 fett; thence west on a plane to the west curb line of Ohio avenue, grade elevation 102.5 feet; thence west on a plane to a point 125 feet east of the east line of Osage avenue, grade ele- vation 100 feet; ■ thence west to the east curb line of Osage avenue, grade elevation 98.60 feet; thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 966 feet; thence level to the west curb line of Kentucky avenue, thence west on a plane to a point 136.5 feet east of the east line of Moniteau avenue, grade elevation 97.5 feet; thence west on a plane to the east curb line of Moniteau avenue, grade elevation 96 feet; thence level to the west curb line of Moniteau avenue, thence vest on a plane to a point 132.5 feet east of the east line of Vermont avenue, grade elevation 97 feet; thence west on a plane to the east curb line of Vermont avenue, grade eleva- vation 95 feet ; thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 90.5 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 89.50 feet ; thence west on a plane to the east curb Ime of Harrison avenue, grade elevation 79.1 feet; thence west on a plane to a point 180 feet east of the east line of Grand avenue, grade ele- vation 78.5 feet; thence west on a plane to the east curb line of Grand avenue, grade elevation 80.9 feet; thence west on a plane to the west curb line of Grand avenue, grade elevation 81.4 feet; thence west on a plane to the east curb line of Pros- pect avenue, grade elevation 86 feet; thence west on a plane to the west curb line of Prospect avenue, grade elevation 86 feet; thence west on a plane 140 feet to a point, grade elevation 85 feet; thence west to the east curb line of Quincy avenue, grade elevation 84.8 feet; thence west on a plane to the west curb line of Quincy avenue, grade elevation 84.4; thence west on a plane to the east curb line of Stewart avenue, grade elevation 75 feet; thence west on a plane to the west curb line of Stewart REVISED ORDINANCES. 1/9 avenue, grade elevation, 74.6 feet; thence west on a plane to the east curb line of Park avenue, grade elevation 6s.6 feet; thence level to the west line of Park avenue. Sec. 157. The grade of Wilkerson street between Moni- teau avenue and Park avenue, shall be as follows, to-wit : Com- mencing at the west line of Moniteau avenue, grade elevation 102.72 feet; thence west on a plane to the east curb line of Vermont avenue, grade elevation 98.2 feet; thence west on a plane to the west curb line of Vermont avenue, grade elevation 97.8 feet; thence west on a plane to the east curb line of Mis- souri avenue, grade elevation 88.5 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 87.9 feet; thence west on a plane 156 feet to a pomt, grade eleva- tion 81.6 feet; thence west on a plane to the west curb line of Harrison avenue, grade elevation 78.2 feet; thence west 250 feet to a point, grade elevation 80.5 feet; thence west on a plane to the east curb line of Grand avenue, grade elevation 85.40 feet; thence west on a plane to the west curb line of Grand avenue, grade elevation 85.80 feet; thence west on a plane to the east curb line of Prospect avenue, grade elevation 89.80 feet; thence level to the west curb line of Prospect ave- nue, thence west on a plane to the east curb line of Quincy avenue, grade elevation 83.8 feet; thence west on a plane to the west curb line of Quincy avenue, grade elevation 83.4 feet; thence west on a plane to the east curb line of Stewart avenue, grade elevation 74 feet; thence west on a plane to the west curb line of Stewait avenue, grade elevation 73.6 feet; thence west on a plane to the east curb line of Park avenue, grade ele- vation 64.2 feet. Sec. 158. The grade of Third street, between New York avenue and Barrett avenue, shall be as follows, to-wit: Com- mencing at the east curb line of New York avenue, grade ele- vation 1 18.4 feet; thence west on a plane to the west curb line of New York avenue, grade elevation 118 feet; thence west on a plane to the east curb line of Porter street, grade elevation 106 feet; thence level to the west curb line of Porter street, I So REVISED ORDINANCES. thence level to the west curb line of Center street, thence west on a plane to the east curb line of Wagner street, grade eleva- tion 1 1 1.4 feet; thence west on a plane to the west curb line of Wagner street, grade elevation 11 1.6 feet; thence west on a plane so the east curb of Engineer street, grade elevation 1 13.5 feet, thence west on a plane to the west curb line of Engineer street, grade elevation 1 13.9 feet, thence west on a plane to the east curb line of Summit street, grade elevation 116 feet, thence west on a plane to the west curb line of Summit street, grade elevation 116.6 feet, thence west on a plane to the east curb line of Brown street, grade elevation II8.I feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgomery street, grade elevation 1 17 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 1 16.6 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 115 feet, thence west on a plane to the east curb line of Hancock avenue, grade elevation 117.1 feet, thence west on a plane to the west curb line of Hancock avenue, grade elevation 116.9 feet, thence west on a plane to the east M., K. & T. tracks, grade elevation 1 14.3 feet, thence level across the M., K. & T. tracks, thence west on a plane to east line of M., K. & T. Ry. tracks, grade elevation 110.4 feet, thence level across the S., W. & S. Ry. tracks, thence west on a plane to the east curb line of Mill street, grade elevation 11 1.6 feet, thence west on a plane to the west curb line of Mill street, grade elevation 11 1.9 feet, thence west on a plane to the east curb line of Lafayette ave- nue, grade elevation 116.2 feet, thence west on a "plane to the west curb line of Lafayette avenue, grade elevation 116. 6 feet, thence west on a plane to the east curb line of Washington ave- nue, grade elevation 118. 3 feet, thence level to the west curb line of Washington avenue, thence west on a plane to the east curb line of Massachusetts avenue, grade elevation 113.1 feet, thence west on a plane to the west curb line of Massachusetts avenue, grade elevation 112. 1 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 108.3 ^eet, REVISED ORDINANCES. l8l thence level to the west curb line of Lamine avenue, thence west on a plane to the east curb line of Ohio avenue, grade elevation 106.60 feet, thence level to the west line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 107 feet, thence west on a plane to the west curb line of Osage avenue, grade elevation 107.3 ^^et, thence west on a plane to the east curb line of Kentucky ave- nue, grade elevation 108.8 feet, thence level to the west curb line of Kentucky avenue, then west on a plane to the east curb line of Moniteau avenue, grade elevation 104.8 feet, thence west on a plane to the west curb line of Moniteau avenue, grade elevation 104.5 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation 96.4 feet, thence west on a plane to the west curb line of Vermont avenue, grade ele- vation 95.4 feet, thence west on a plane to the east curb line of Missouri avenue, grade elevation 89.2 feet, thence west on a plane to the west curb line of Missouri avenue, grade elevation 88.8 feet, thence west on a plane to the east curb line of Har- rison avenue, grade elevation 86.90 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 87.2 feet, thence west on a plane to the east curb line of Grand ave- nue, grade elevation 92.3 feet, thence west on a plane to the west curb line of Grand avenue, grade elevation 92.6 feet, thence west on a plane to the east curb line of Prospect avenue, grade elevation 90 feet, thence west on a plane to the west curb line of Prospect avenue, grade elevation 89.8 feet, thence west on a plane 140 feet to a point, grade elevation 87.4 feet, thence west on a plane to the east curb line of Quincy avenue, grade elevation 83.7 feet, thence west on a plane to the west curb line of Quincy avenue, grade elevation 83.1 feet, thence west on a plane to the east curb line of Stewart avenue, grade eleva- tion 74.90 feet, thence west on a plane to the west curb line of Stewart avenue, grade elevation 74.40 feet, thence west on plane to the east curb line of Park avenue, grade elevation 69.5 feet, thence west on a plane to the west curb line of Park avenue, grade elevation 69 feet, thence west on a I 82 REVISED ORDINANCES. plane to the east curb line of Sneed avenue, grade elevation 65.2 feet, thence west on a plane to the west curb line of Sneed avenue, grade elevation 64.8 feet, thence west on a plane to the east curb line of Carr avenue, grade elevation 60.8 feet, thence west on a plane to the west curb line of Carr avenue, grade elevation 60.2 feet, thence west on a plane to the east curb line of Thompson avenue, grade ele- vation 54.2 feet thence west on a plane to the west curb line of Thompson avenue, grade elevation 53.8 feet, thence west on a plane to the east curb line of Barrett avenue, grade elevation 52.3 feet, thence level to the west curb line of Barrett avenue. Sec. 159. The grade of Linn street, between Heard ave- nue and Emmet avenue, shall be as follows, to-wit: Com mencing at the east curb line of Heard avenue, grade elevation 108.8 feet, thence west on a plane to the west curb line of Heard avenue, grade elevation 109.4 ^eet, thence west on a plane to the east curb line of Depp avenue, grade elevation 116.7 feet, thence west on a plane to the west curb line of Depp avenue, grade elevation 117.3 feet, thence west on a plane 240 feet to a point, grade elevation 119 feet, thence west on a plane to the east curb line of Emmet avenue, grade elevation 1 18 feet, thence level to the west curb line of Emmet avenue. Sec. 160. The grade of Fourth street, between a point 270 feet east of the east line of Emmet avenue and Barrett ave- nue, shall be as follows, to-wit: Commencing at a point 270 feet east of the east line of Emmet avenue, grade elevation 121 feet, thence west on a plane to the east curb line of Emmet ave- nue, grade elevation 119.7 ^eet, thence west on a plane to the west curb line of Emmet avenune 119.5 feet, thence west on a plane to the east curb line of New York avenue, grade eleva- tion 1 10.3 feet, thence west on a plane to the west curb line of New York avenue, grade elevation 109.7 ^eet, thence west on a plane 200 feet to a point, grade elevation 104 feet, thence west on a plane io the east curb line of Porter street, grade eleva- tion loi feet, thence level to the west curb line of Porter street, REVISED ORDINANCES. 1 83 thence level to the west curb line of Center street, thence west on a plane to the east curb line of Wagner street, grade eleva- tion 106. 1 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 106.3 ^e^t, thence west on a plane to the east curb line of Engineer street, grade elevation 108.7 ^eet, thence west on a plane to the east curb line of Summit street, grade elevation 1 14.4 feet, thence west on a plane to the west curb line of Summit street, grade elevation 1 15 feet, thence west on a plane to the east curb line of Brown street, grade ele- vation 1 19.5 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgom- ery street, grade elevation 118.1 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 117.9 feet, thence west on a plane to the east line of Marvin street, grade elevation 116.4 feet, thence level to the west line of Marvin street, thence west on a plane to the east curb line of Hancock avenue, grade elevation 118.4 feet, thence level to the west curb line of Hancock avenue, thence west on a plane 350 feet to a point, grade elevation 114 feet, and also commencing at the east curb line of Tliompson avenue, grade elevation 11 1.3 feet, thence level to the west curb line of Thompson avenue, thence west on a plane 275 feet to a point, grade elevation 1 12.3 feet, thence west on a plane to the east curb line of La- fayette avenue, grade elevation 117.4 ^eet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 1 17.6 feet, thence west on a plane 142^ feet to a point, grade elevation 1 18.4 feet, thence west on a plane to east curb line of Washington avenue, grade elevation 117.8 feet, thence west on a plane to the west curb line of Washington avenue, grade elevation 117.2 feet, thence west on a plane to east curb line of Massachusetts avenue, grade elevation I12 feet, thence level to the west curb line of Massachusetts avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation 112.75 feet, thence level to the west curb line of Lamine ave- nue, thence west on a plane to the east line of Ohio avenue, grade elevation I13.6 feet, thence west on a plane to the west l84 REVISED ORDINANCES. line of Ohio avenue, grade elevation 1 14 feet, thence west on a plane to the east curb line of Osage avenue, grade elevation 1 12.75 feet, thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky ave- nue, grade elevation 1 10.77 ^^et, thence west on a plane to the west curb line of Kentucky avenue, grade elevation 110.37 feet, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 104.74 ^eet, thence west on a plane to the west curb line of Moniteau avenue, grade elevation 104.02 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation 96 feet, thence west on a plane to the west curb line of Vermont avenue, grade elevation 95.3 feet, thence west on a plane to the east curb line of Missouri avenue, grade ele- vation 89.30 feet, thence west on a plane to the west curb line of Missouri avenue, grade elevation 89 feet, thence west on a plane to the east curb line of Harrison avenue, grade elevation 89.40 feet, thence level to the west curb line of Hanison avenue, thence west on a plane to the east curb line of Grand avenue, grade elevation 95.11 feet, thence west on a plane to the west curb line of Grand avenue, grade elevation 95.63 feet, thence west level 140 feet to a point, thence west on a plane 175 feet to a point, grade elevation 93 feet, thence we3t on a plane to the east curb line of Quincy avenue, grade elevation 84.4 feet, and also commencing on the west curb line of Park avenue, grade elevation 70.4 feet, thence west on a plane to the east curb line of Sneed avenue, grade elevation 63.4 feet, thence west on a plane to the west curb line of Sneed avenue, grade eleva- tion 6t, feet, thence west on a plane to the east curb line of Carr avenue, grade elevation 56.5 feet, thence west on a plane to the west curb line of Carr avenue, grade elevation 55.9 feet, thence west on a plane to the east curb line of Thompson avenue, grade elevation 49.3 feet, thence west on a plane to the west curb line of Thompson avenue, grade elevation 48.7 feet, thence west on a plane to the east curb line of Barrett avenue, grade elevation 44.6 feet, thence level to the west curb line of Barrett avenue. REVISED ORDINANCES. I 85 Sec. 161. The grade of Fifth street between a point 270 feet east of the east line of Emmet avenue and Barrett avenue shall be as follows, to-wit : Commencing at a point 270 feet east of the east line of Emmet avenue, grade elevation 121 feet, thence west on a plane to the east curb line of Emmet avenue, grade elevation 118. 2 feet, thence west on a plane to the west curb line of Emmet avenue, grade elevation i 18 feet, thence west on a plane to the east curb line of New York avenue, grade elevation 108.60 feet, thence west on a plane to the west curb line of New York avenue, grade elevation 108 feet, also commencing at the east curb line of New York avenue, grade elevation 108. i feet, thence west on a plane to the west curb line of New York avenue, grade elevation 107. 5 feet, thence west on a plane 210 feet tc a point, grade elevation 10 1 feet, thence west on a plane to the east curb line of Porter street, grade elevation 98.1 feet, thence west on a plane to the west curb line of Porter street, grade elevation 97.9 feet, thence west on a plane to the east curb line of Center street, grade elevation 97 feet, thence level to the west curb line of Center street, also commencing at the east curb line of Center street, grade elevation 95.7 feet, thence level to the west curb line of Center street, thence west on a plane to the east curb line l f Wag- ner street, grade elevation 100 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 100.4 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 108,4 ^^et, thence west on a plane to the west curb line of Engineer street, grade elevation 108.8 feet, thence west on a plane to the east curb line of Summit street, grade elevation 1 1 5 .4 feet, thence west on a plane to the west curb line of Summit street, grade elevation 115.6 feet, thence west on a plane to the east curb line of Brown street, grade elevation i 17 feet, thence west on a plane to the west curb line of Brown street, grade elevation 1 17.4 feet, then west level to the cast curb line of Montgomery street, thence west on a plane to the west curb line of Montgomery street, grade elevation 1 16.8 feet, thence west on a plane to the east line of Marvin street, l86 REVISED ORDINANCES. grade elevation 1 14.4 feet, thence level to the west line of Mar- vin street, thence west on a plane to the east curb line of Hancock street, grade elevation 117 feet, thence west on a plane to the west curb line of Hancock street, grade elevation 116.9 feet, thence west on a plane to the M., K. & T Ry. Co.'s repair tracks, grade elevation 115.30 feet, thence west on a plane 60 feet across M., K. & T. Ry. Co.'s repair tracks, grade elevation 114.90 feet, thence west 150 feet on a plane to the M., K. & T. Ry. Co.'s tracks, grade elevation I15.49 feet, thence west on a plane to the S., W. & S. Ry. tracks, grade elevation 115.70 feet, thence west on a plane 285 feet to a point, grade elevation I16.35 feet, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 120.3 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 120.6 feet, thence west on a plane to a point, 132.5 feet east of the east line of Washington avenue, grade elevation 122.3 ^^et, thence west on a plane to the east curb line of Washington avenue, grade elevation 120.60 feet, thence level to the west curb line of Washington avenue, thence west on a plane to the east curb line of Massachusetts avenue, grade elevation 1 18.33 f^^t, thence level to the west curb line of Massachusetts avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation I17.4 feet, thence level to the west curb line of Lamine avenue, thence west on a plane to the east line of Ohio avenue, grade elevation 115.6 feet, thence west on a plane to the west line of Ohio avenue, grade elevation 115 -3 feet, thence west on a plane to the east curb line of Osage avenue, grade elevation III feet, thence west level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 107 feet, thence west on a plane to the west curb line of Kentucky avenue, grade elevation I06.5 feet, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 99.75 feet, thence west on a plane to the west curb line of Moniteau avenue, grade elevation 99 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation 91.5 feet. REVISED ORDINANCES. 187 thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 91.9 feet, thence west on a plane to the west curb line of Missouri avenue, grade elevation 92. 1 feet, thence west on a plane to the east curb line of Harrison avenue, grade elevation 94.2 feet, thence west on a plane to the west curb line of Har- rison avenue, grade elevation 04.9 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 98. 1 feet, and also commencing on the west curb line of Grand avenue, grade elevation 99.67 feet, thence west on a plane 325 feet to a point, grade elevation 94.5 feet, thence west on a plane to the east curb line of Quincy avenue, grade elevation 87.2 feet, and also commencing at the west curb line of Park avenue, grade elevation 65.6 feet, thence west on a plane to the east curb line of Sneed avenue, grade elevation 58.4 feet, thence west on a plane to the west curb line of Sneed avenue, grade elevation 58 feet, thence west on a plane to the east curb line of Carr avenue, grade elevation 52. 1 feet, thence west on a plane to the west curb line of Carr avenue, grade elevation 51. 5 feet, thence west on a plane to the east curb line of Thompson avenue, grade elevation 46.2 feet, thence level to the west curb line of Thomp- son avenue, thence west on a plane to the east curb line of Bar- rett avenue, grade elevation 43.3 feet, thence level to the west line of Barrett avenue. Sec. 162. The grade of Sixth street, between lots 16 and 15 and lots 7 and 8 McVey's addition, between New York ave- nue and Center street, shall be as follows, to-wit: Commenc- ing at the east curb line of New York avenue, grade elevation 107.8 feet, thence west on a plane to the west curb line of New York avenue, grade elevation 107. 2 feet, thence west on a plane to the east curb line of Center street, grade elevation 89 feet, thence level to the west curb line of Center street. Sec. 163. The grade of Sixth street, between lots 14 and 13 and 9 and 10 McVey's addition, between New York avenue and Center street, shall be as follows, to-wit: Commencing at the east curb line of New York avenue, grade elevation 109.8 I 88 REVISED ORDINANCES. feet, thence west on a plane to the west curb line of New York avenue, grade elevation 109.2 feet, thence west on a plane 320 feet to a point, grade elevation 98.2 feet, thence west on a plane to the east curb line of Center street, grade elevation 93.5 feet, thence level to the west curb line of Center street. Sec. 164. The grade of Sixth street, between Center street and Carr avenue, shall be as follows, to-wit : Commenc- ing at the east curb line of Center street, grade elevation 91. 3 feet, thence level to the west curb line of Center street, thence west on a planp to the east curb line of Wagner street, grade elevation 97.8 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 98.4 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 108.3 f^^t, thence west on a plane to the west curb line of En- gineer straet, grade elevation 108. 7 feet, thence west on a plane to the east curb line of Summit street, grade elevation III. 5 feet, thence level to the west curb line of Summit street, thence west on a plane to the east curb line of Brown street, grade elevation 108.6 feet, thence level to the west curb line of Montgomery street, thence west on a plane to the east line of Marvin street, grade elevation 107.4 ^^^t, thence level to the west line of Mar- vin street, and also commencing at the east curb line of Lafay- ette avenue, grade elevation 122. 8 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 123.2 thence west on a plane to the east curb line of Washington ave- nue, grade elevation 12 5. 5 feet, thence level to the west curb line of Washington avenue, thence west on a plane to the east curb line of Massachusetts avenue, grade elevation 123.5 feet, thence west on a plane to the east curb line of Lamine ave- nue, grade elevation II9.8 feet, thence west on a plane to the west curb line of Lamine avenue, grade elevation I19 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 113. 6 feet; thence west on a plane to the west curb line of Ohio avenue, grade elevation II3.4 feet, thence west on a plane to the east curb line of Osage avenue, grade elevation 106.9 ^^Gt, thence level to the west curb line of Osage avenue. REVISED ORDINANCES. I89 thence west on a plane to the east curb Hne of Kentucky ave- nue, grade elevation 101.4 feet, thence west on a plane to the west curb line of Kentucky avenue, grade elevation loi feet, thence west on a plane to the east curb line of Moniteau ave- nue, grade elevation 97.3 feet, thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Vermont avenue, grade elevation 97.5 feet, thence west on a plane to the west curb line of Vermont avenue, grade ele- vation 97.7 feet, thence west on a plane to the east curb line of Missouri avenue, grade elevation 99.6 feet, thence level to the west curb line of Missouri avenue, thence west on a plane to the east curb line of Harrison avenue, grade elevation 100.4 feet, thence level to the west curb line of Harrison avenue, thence west on a plane to the east curb line of Grand avenue, grade ele- vation 96.7 feet, thence level to the west curb line of Grand ave- nue, thence west on a plane the east curb line of Quincy avenue, grade elevation 84 feet, thence west on a plane to the west line of Quincy avenue, grade elevation 83.6 feet, thence west on a plane 290 feet to a point, grade elevation 73.6 feet, thence west on a plane 40 feet to a point, grade elevation J}, feet, thence west on a plane to the east curb line of Park avenue, grade elevation 63 feet, thence level to the west curb line of Park avenue, and also commencing at the east curb line of Park avenue, grade elevation 62. 1 feet, thence level to the west curb line of Park avenue, thence west on a plane to the east curb Hne of Sneed avenue, grade elevation 53-2 feet, thence west on a plane to the west curb line of Sneed avenue, grade elevation 52.8 feet, thence west on a plane to the east curb line of Carr avenue, grade elevation 48 feet, thence level to the west curb line of Carr avenue. Sec. 165 The grade of Seventh street between New York avenue and Park avenue shall be as follows, to-wit : Commencing at the east curb line of New York avenue, grade elevation 105.6 feet, thence west on a plane to the west curb line of New York avenue, grade elevation 105. 2 feet, thence west on a plane to the east curb line of Porter street, grade 190 REVISED ORDINANCES. elevation 95.4 feet, thence west on a plane to the west curb line of Porter street, grade elevation 95 feet, thence west on a plane to the east curb line of Center street, grade elevation 86.8 feet, thence level to the west curb line of Center street, thence west on a plane to the east curb line of Wagner street, grade elevation 95.7 feet, thence west on a plane to the west curb line of Wag- ner street, grade elevation 96.3 feet; thence w<=st on a plane to the east curb line of Engineer street, grade elevation 106.6 feet, thence west on a plane to the west curb line of Engineer street, grade elevation 107 feet, thence level to the east curb line of Summit street, thence west on a plane to the west curb line of Summit street, grade elevation 106.4 ^^et, thence west on a plane to the east curb line of Brown street, grade elevation 99 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgomery street, grade elevation 99.5 feet, thence level to the west curb line of Montgomery street, thence west on a plane to the east line of Marvin street, grade elevation 105 feet, thence level to the west line of Marvin street, and also commencing at the east curb line of Lafayette avenue, gradeelevation 12 i .6feet, thence level to the west curb line of Lafayette avenue, thence west on a plane to the east curb line of Washington avenue, grade elevation 127 feet, thence level to the west curb line of Washington ave- nue, thence west on a plane to the east curb line of Massachu- setts avenue, grade elevation 124.6 feet, thence west on a plane to the west curb line of Massachusetts avenue, grade elevation 124 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 117. 9 feet, thence west on a plane to the west curb line of Lamine avenue, grade elevation 117. 3 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 113 feet, thence west on a plane to the west curb line of Ohio avenue, grade elevation 112. 9 feet, thence west on a plane to the east curb line of Osage avenue, grade elevation 107.8 feet, thence west on a plane to the west curb line of Osage avenue, grade elevation 107.6 feet, thence west on plane to the east curb line of Kentucky avenue, grade elevation REVISED ORDINANCES. I9I 106.6 feet, thence west on a plane to the west curb h'ne of Ken- tucky avenue, grade elevation 106.7 ^eei, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 107.9 feet, thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Ver- mont avenue, grade elevation 106.22 feet, thence west on a plane to the west curb line of Vermont avenue, grade elevation 105.46 feet, thence west on a plane to the east curb line of Mis- souri avenue, grade elevation 107. 6 feet, thence level to the west curb line of Missouri avenue, thence wesf: on a plane to the east curb line of Harrison avenue, grade elevation 103.8 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 103 feet, thence west to the east curb line of Grand avenue, grade elevation 92.5 feet; thence west on a plane to the west curb line of Grand avenue, grade ele- vation 92.1 feet, thence west on a plane to the east line of Quincy avenue, grade elevation 77.5 feet, thence west on a plane to to the west line of Quincy avenue, grade elevation 77.1 feet, thence west on a plane to a point 290 feet west of the west line of Quincy avenue, grade elevation 69.2 feet, thence west on a plane 40 feet to a point, grade elevation 68.6 feet, thence west on a plane to the east curb line of Park ave- nue, grade elevation 60.5 feet, thence level to the west curb line of Park avenue. Sec. 166. The grade of Broadway between eastern city limits and Thompson avenue, shall be as follows, to-wit : Com- mencing at the west curb line of Arlington avenue, grade eleva- tion 112 feet, thence west on a plane 440 feet to a point, grade elevation 98 feet, thence west on a plane 390 feet to a point, grade elevation 94 feet, thence west 40 feet level, thence west on a plane 285 feet to a point, grade elevation IOI.3 feet, thence west level to the east curb line of New York avenue, thence west on a plane to the west curb line of New York avenue, grade elevation 100.7 ^^et, thence west on a plane to the east curb line of Porter street, grade elevation 88.8 feet, thence west on a plane to the west curb line of Porter street, grade eleva- 192 REVISED ORDINANCES. tion 88.2 feet, thence west on a plane to the east curb line oi Center street, grade elevation 84.7 feet, thence level to the west curb line of Center street, thence west on a plane to the east curb line of Wagner street, grade elevation 93.7 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 94.3 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 108 feet, thence level to the west curb line of Engineer street, thence west on a plane to the east curb line of Summit street, grade elevation 103 00 feet; thence- west on a plane to the west curb line of Summit street, grade elevation 102. 4 feet, thence west on a plane to the east curb line of Brown street, grade ele- vation 93 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgom- ery street, grade elevation 93.8 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 94.2 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 102.40 feet, thence west on a plane to the west curb line of Marvin street, grade elevation 103 feet, thence west level 205 feet, thence west on a plane to the east curb line of Hancock avenue, grade elevation 101.8 feet, thence west on a plane to the west curb line of Hancock avenue, grade elevation 101.6 feet, thence west on a plane 260 feet to a point, grade elevation 100 feet, thence west to the east curb line of Thompson avenue, grade elevation 103. 8 feet, thence west on a plane to the west curb line of Thompson avenue, grade eleva- tion 104.2 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation ill feet, thence west on a plane to the west curb line of Ingram avenue, grade elevation III. 4 feet, thence west on a plane to the east M., K. & T. Ry. tracks, grade elevation 120. 2 feet, thence west on a plane to the west M., K. & T. Ry. tracks, grade elevation 121.2 feet, thence west on a plane to the east curb line of Lafayette avenue, grade eleva- tion 121.4 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 121.6 feet, thence west on a plane to the east curb line of Washington avenue, grade ele- REVISED ORDINANCES. 193 vation 126.2 feet; thence west on a plane to the west curb Hne of Washington avenue, grade elevation 126. 4 feet, thence west on a plane to the east curb line of Massachusetts avenue, grade elevation 125.4 feet, thence level to the west curb line of Mas- sachusetts avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation 120.5 ieet, thence level to the west curb line of Lamine avenue, thence west on a plane to the east curb line of Ohio avenue, grade elevation 116.8 feet, thence west on a plane to the west curb line of Ohio avenue, grade elevation 116.7 feet, thence west on a plane to the east curb line of Osage avenue, grade elevation Il6 feet; thence west on a plane to the west curb line of Osage avenue, grade elevation II5.8 feet, thence west on a plane to the east curb line of Kentucky avenue, grade elevation I16.80 feet, thence level to the west curb line of Kentucky avenue, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 115. 8 feet, thence west on a plane to the west curb line of Mon- iteau avenue, grade elevation 115.7 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation II3.5 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 107.8 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation I07.3 feet, thence west on a plane to the east curb line of Harrison avenue, grade elevation 97.7 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 69.2 ^eet, thence west on a plane to the east curb Hne of Grand avenue, grade ele- vation 86.7 feet, thence west on a plane to the west curb line of Grand avenue, grade elevation 85.7 feet thence west on a plane to the east curb line of Prospect avenue, grade eleva- tion 78.4 feet, thence west on a plane to the west curb line of Prospect avenue, grade elevation 78 feet, thence west on a plane to the east curb line of Quincy avenue, grade elevation 74 feet, thence west on a plane to the west curb line of Quincy avenue, grade elevation 73.4 feet, thence west on a plane to the east curb line of Stewart avenue, grade elevation 65.5 feet, 194 REVISED ORDINANCES. thence west on a plane to the west curb line of Stewart avenue, s^radc elevation 64.7 feet, thence west on a plane to the east curb line of Park avenue, grade elevation 58.2 feet, thence west on a plane to the west curb line of Park avenue, grade ele- vation 57.8 feet, thence west on a plane to the east curb line of Sneed avenue, grade elevation 55 feet, thence level to the west curb line of Sneed avenue, thence west on a plane to the east curb line of Carr avenue, grade elevation 63.2 feet, thence west on a plane to the west curb line of Carr avenue, grade eleva- tion 63.8 feet, thence west on a plane to the east curb line of Thompson, avenue, grade elevation 71.5 feet, thence level to the we t curb line of Thompson avenue. Sec. 167. The grade of Ninth street between New 'York avenue and Thompson avenue shall be as follows, to-wit: Commencing at the east curb line of New York avenue, grade elevation 92.7 feet, thence level to the west curb line of New York avenue, thence west on a plane to the east curb line of Porter street, grade elevation 82.2 feet, thence west on a plane to the west curb line of Porter street, grade elevation 81. 8 feet, thence west on a plane 150 feet to a point, grade elevation 81 feet, thence west on a plane to the east curb line of Center street, grade elevation 82 7 feet, thence west on a plane to the west curb line of Center street, grade elevation 83.3 feet, thence west on a plane to the east curb line of Wagner street, grade elevation 93.7 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 94.3 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 102 feet, thence level to the west curb line of Engineer street, thence west on a plane to the east curb line of Summit street, grade elavation 96.3 feet, thence west on a plane to the west curb line of Summit street, grade elevation 95.7 feet, thence west on a plane to the east curb line of Brown street, grade elevation 81.3 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Mont- gomery street, grade elevation 89.4 feet, thence west on a plane to the west curb line of Montgomery street, grade elev .tion 90 REVISED ORDINANCES. 195 feet, thence west on a plane to the east curb Hne of Marvin street, grade elevation 97 feet, thence level to the west curb line of Marvin street, thence west on a plane to the east curb line of Hancock avenue, grade elevation 91.5 feet, thence level to the west curb line of Hancock avenue, thence west on a plane to the east curb line of Thompson avenue, grade elevation 105. 2 feet, thence west on a plane to the west curb line of Thompson avenue, grade elevation 105. 8 feet thence west on a plane to the east curb line of Ingram avenue, grade elevation 112. 8 feet, thence west on a plane to the west curb line of Ingram avenue, grade elevation II3.2 feet, thence west on a plane to the M. K. & T. Ry. Co,'s right of way, grade elevation 121.5 feet, and also commencing at the east curb line of Massachuetts avenue, grade elevation 126. 7 feet, thence level to the west curb line of Massachusetts avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation 124 feet, thence level to the west curb line of Lamine avenue, thence west on a plane to the east curb line of Ohio avenue, grade elevation 122 4 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade eleva- tion 12 1. 3 feet, thence west on a plane to the west curb line of~ Osage avenue, grade elevation 120. 7 feet, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 115 feet, thence west on a plane to the west curb line of Kentucky avenue, grade elevation II4.6 feet, thence west on a plane to the east curb line of Moniteau avenue, grade elevation I09.3 feet, thence level to the west curb line of Moniteau avenue, thence west level 155 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation 108. 7 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation lOl 75 feet, thence level to the west curb line of Missouri avenue, thence west on a plane 150 feet to a point, grade eleva- tion 96.2 feet, thence west on a plane to the east curb line of Harrison avenue, grade elevation 95.2 feet, thence level to the A^est curb line of Harrison avenue, thence west on a plane 150 196 REVISED ORDINANCES. feet to a point, grade elevation 93.5 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 88 feet, thence level to the west curb line of Grand avenue, thence west on a plane to the east curb line of Prospect avenue, grade elevation 77.3 feet, thence west on a plane to the west curb line of Prospect avenue, grade elevation 'J^.'J feet, thence west on a plane to the east curb line of Quincy avenue, grade elevation 68.3 feet, thence west on a plane to the west curb line of Quincy avenue, grade elevation 67.7 feet, thence west on a plane to the east curb line of Stewart avenue, grade elevation 62.3 feet, thence west on a plane to the west curb line of Stewart avenue, grade elevation 61. 7 feet, thence west on a plane to the east curb line of Park avenue, grade elevation 58 •feet, thence level to the west curb line of Park avenue, thence west on a plane to the east curb line of Sneed avenue, grade elevation 59.6 feet, thence west on a plane to the west curb line of Sneed avenue, grade elevation 60 feet, thence west on a plane to the east curb line of Carr avenue, grade elevation 69 3 feet, thence west on a plane tc the west curb line of Carr avenue, grade elevation 69.7 feet, thence west on a plane to the east curb line of Thompson avenue, grade elevation Jd feet, thence level to the west curb line of Thompson avenue. Sec. 168. The grade of Tenth street between New York avenue and Thompson avenue shall be as follows, to-wit : Commencing at the east curb line of New York avenue, grade elevation 85 feet, thence west on a plane to the west curb line of New Yovk avenue, grade elevation 84.6 feet, thence west on a plane to the east curb line of Porter street, grade elevation 'j'j feet, thence level to the west curb line of Porter street, thence west on a plane to the east curb line of Center street, grade ele- vation 82.7 feet, thence west on a plane to the west curb line of Center street, grade elevation 83.3 feet, thence west on a plane to the east curb line of Wagner street, grade elevation 93.8 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 94.2 feet, thence west on a plane I40 feet to a point, grade elevation 97.2 feet, thence west on a plane REVISED ORDINANCES. 197 to the east curb line of Engineer street, grade elevation 99 feet, thence level to the west curb line of Engineer street, thence west on a plane to the east curb line of Summit street, grade elevation 91. 8 feet, thence west on a plane to the west curb line of Summit street, grade elevation 91. 4 feet, thence west on a plane to the east curb line of Brown street, grade ele- vation 81 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgomery street, grade elevation 87.2 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 87.6 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 89.5 feet, thence level to the west curb line of Marvin street, thence west on a plane to the east curb line of Hancock street, grade elevation 92.20 feet, thence west on a plane to the west curb line of Hancock street, grade elevation 93.6 feet, thence west on a plane to the east curb line of Thompson avenue, grade elevation II0.4 feet, thence west on a plane to the west curb line of Thompson avenue, grade eleva- tion III feet, thence west on a plane to the east curb line of In- gram avenue, grade elevation II7 feet, thence level to the west curb line of Ingram avenue, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 119. 8 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 120. 2 feet, thence west on a plane to the M., K. & T. Ry. tracks, grade elevation 122.80 feet, thence west to the S., W. & S. Ry. tracks, grade elevation 123 feet, thence west level to the west curb line of Washington avenue, thence west on a plane 145 feet to a point, grade elevation 123. 8 feet, thence west on a plane to the east curb line of Massachusetts avenue, grade elevation 123.10 feet, thence level to the west curb line of Massachusetts avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation 121.6 feet, thence level to the west curb line of Lamine avenue, thence west on a plane to the east curb line of Ohio avenue, grade elevation 119. 1 feet; thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, 198 REVISED ORDINANCES. grade elevation I14.7 feet; thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky avenue, grade elevation IIO feet, thence level to the west curb line of Kentucky avenue, thence west on a plain to the east curb line of Moniteau avenue, grade elevation 102.3 feet, thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Vermont avenue, grade elevation 103 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avende, grade elevation 95.1 5 feet; thence west on a plane to the west curb line of Missouri avenue, grade elevation 94.75 feet, thence west on a plane to the east curb line of Har- rison avenue, grade elevation 85.8 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 85.4 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 83.8 feet; thence level to the west curb line of Grand avenue, thence west on a plane to the east curb line of Prospect avenue, grade elevation 80.3 feet; thence west on a plane to the west curb line of Prospect avenue, grade ele- vation 79.7 feet; thence west on a plane to the east curb line of Quincy avenue, grade elevation 71.4 feet, thence west on a plane to the west curb line of Quincy avenue, grade elevation 70.6 feet, thence west on a plane to the east curb line of Stewart avenue, grade elevation 62.2 feet, thence west on a plane to the west curb line of Stewart avenue, grade elevation 61.8 feet, thence west on a plane to the east curb line of Park avenue, grade elevation 60 feet, thence level to the vrest curb line of Park avenue, thence west on a plane to the east curb line of Sneed avenue, grade elevation 66 feet, thence west on a plane to the west curb line of Sneed avenue, grade elevation 66 4 feet, thence west on a plane to the east curb line of Carr ave- nue, grade elevation 74.2 feet, thence west on a plane to the west curb line of Carr avenue, grade elevation 74.8 feet, thence west on a plane to the east curb line of Thompson avenue, grade elevation 78,4 feet, thence level to the west curb line of Thompson avenue. REVISED ORDINANCES. 199 Sec. 169. The grade of Eleventh street between New York avenue and Thompson avenue shall be as follows, to-wit: Commencing at the east curb line of New York avenue, grade elevation JJ feet, thence level to the west curb line of Porter street, thence west on a plane to the east curb line of Center street, grade elevation 85.6 feet; thence west on a plane to the west curb line of Center street, grade elevation 86 feet, thence west on a plane 155 feet, to a point, grade elevation 91.5 feet, thence west on a plane to the east curb line of Wagner street, grade elevation 93.8 feet thence level to the west curb line of Wagner street, thence west on a plane to the east curb line of Engineer street, grade elevation 87.2 feet, thence west on a plane to the west curb line of Engineer street, grade elevation 88.8 feet, thence west on a plane to the east curb line of Sum- mit street, grade elevation 83.1 feet, thence west on a plane to the west curb line of Summit street, grade elevation 82.7 feet, thence west on a plane to the east curb line of Brown street, grade elevation 78 feet, thence level to the west curb line of Brown street thence west on a plane to the east curb line of Montgomery street, grade elevation 80.4 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 80.6 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 83.3 feet, thence west on a plane to the east curb line of Hancock avenue, grade elevation 96.3 feet, thence west on a plane to the west curb line of Han- cock avenue, grade elevation 96.9 feet, thence west on a plane to the east curb line of Thompson avenue, grade elevation 109.20 feet, thence west on a plane to the west curb line of Thompson avenue, grade elevation 109.6 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 115 feet, thence level to the west curb line of Ingram avenue, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 116.6 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 117 feet, thence west on a plane to the east right of way of the M, K. & T. Ry. land, grade elevation 120.4 ^^et, and also commencing at the right of 200 REVISED ORDINANCES. way of the S. W. & S Ry,, grade elevation 121. i feet, thence level to the west curb line of Massachusetts avenue, thence west on a plane to the east curb line of Lamine avenue, grade elevation 116.7 feet, thence west on a plane to the west curb line of Lamine avenue, grade elevation 116.3 feet, thence west on a plane to the east curb line of Ohio avenue, grade eleva- tion 1 13.2 feet, thence west on a plane to the west curb line of Ohio avenue, grade elevation 112.6 feet, thence west on a plane 125 feet to a point, grade elevation 108 feet, thence west on a plane to the east curb line of Osage avenue, grade elevation 105.8 feet, thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 101.7 feet; thence level to the west curb line of Kentucky avenue, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 95 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 89 feet, thence level to the west curb line of Missouri avenue, thence west on a plane to the east curb line of Har- rison avenue, grade elevation 79.2 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 78.8 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 76.2 feet; thence level to the west curb line of Grand avenue, thence west on a plane to the east curb line of Prospect avenue, grade elevation 72 feet, thence west on a plane to the west curb line of Prospect avenue, grade elevation 71.4 feet, thence west on a plane to the east curb line of Quincy avenue, grade elevation 67.2 feet, thence west on a plane to the west curb line of Quincy avenue, grade elevation 66.8 feet, thence west on a plane to the east curb line of Stewart avenue, grade elevation 63.5 feet, thence level to the west curb line of Stewart avenue, thence west on a plane to the east curb line of Park avenue, grade elevation 62 feet, thence level to the west curb line of Park avenue, thence west on a plane to the east curb line of Sneed avenue, grade elevation 72.8 feet, thence west on a plane to the west curb line of Sneed REVISED ORDINANCES. 20I avenue, grade elevation 73.2 feet, thence west on a plane to the east curb line of Carr avenue, grade elevation 79.3 feet, thence west on a plane to the west curb line of Carr avenue, grade elevation 79.7 feet, thence west on a plane 150 feet to a point, grade elevation 80.6 feet, thence level to the west curb line of Thompson avenue. Sec. 170. The grade of Twelfth street, between New York avenue and Washington avenue, shall be as follow-, to-wit : Commencing at the east curb line of New York avenue, grade elevation 73 feet, thence level to the west curb line of New York avenue, thence west on a plane to the east curb line of Porter street, grade elevation 76.8 feet, thence west on a plane to the west curb line of Porter street, grade elevation 77.2 feet, thence west on a plane to the east curb line of Center street, grade elevation 85.8 feet, thence west on a plane to the west curb line of Center street, grade elevation 86.2 feet, thence west on a plane 160 feet to a point, grade elevation 90.2 feet, thence level to the east curb line of Wagner street, thence west on a plane to the west curb line of Wagner street, grade eleva- tion 89.8 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 84.4 feet, thence west on a plane to the west curb line of Engineer street, grade elevation 84 feet, thence west on a plane to the east curb line of Summit street, grade elevation 78.8 feet, thence west on a plane to the west curb line of Summit street, grade elevation 78.4 feet, thence west on a plane to the east curb line of Brown street, grade elevation 75.6 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgomery street, grade elevation 78.7 feet, thence west on a plane to the west curb line of Montgomery street, grade eleva- tion 79.3 feet, thence west on a plane to the east curb lin of Marvin street, grade elevation 86.7 feet, thence west on a plane to the west curb line of Marvin street, grade elevation 87.3 feet, thence west on a plane to the east curb line of Hancock avenue, grade elevation 99 7 feet, thence west on a plane to the we-t curb line of Hancock avenue, grade elevation 100 feet, thence 202 REVISED ORDINANCES. west on a plane 245 feet to a point, grade elevation 107 feet, thence west on a plane to the east curb line of Thomson ave- nue, grade elevation 1 1 i feet, thence west on a plane to the west curb line of Thomson avenue, grade elevation 111.4 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 112.4 feet, thence level to the west curb line of Ingram avenue, thence west on a plane to the east curb line of Lafayette avenue, grade elevation II4.6 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 115 feet, thence west on a plane to the east curb line of Wash- ingtion avenue, grade elevation 120 feet, thence level to the west curb line of Washington avenue. Sec. 171. The grade of Thirteenth street, between Wag- ner street and Grand avenue, shall be as follows, to-wit : Com- mencing at the east curb line of Wagner street, grade eleva- tion 83.4 feet, thence west on a plane to the west curb line of Wagner street, grade elevation 83.2 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 76.4 feet, thence west on a plane to the west curb line of Engi- neer street, grade elevation y6 feet, thence west on a plane to the east curb line of Summit street, grade elevation ^2 feet, thence level to the west curb line of Summit street, thence west on a plane to the east curb line of Brown street, grade elevation yy .^ feet, thence west on a plane to the west curb line of Brown street, grade elevation 7 7. J feet, thence west on a plane to the east curb line of Montgomery street, grade elevation 85.20 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 85.6 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 93.7 feet, thence west on a plane to the west curb line of Marvin street, grade elevation 94.3 feet, thence west on a plane to the east curb line of Hancock avenue, grade elevation 103 feet, thence west on a plane to the west curb line of Hancock avenue, grade eleva- tion 103.6 feet, thence west on a plane 180 feet to a point, grade elevation 108.7 feet, thence west on a plane 40 feet to a point, grade elevation 109. 3 feet, thence west on a plane 150 REVISED ORDINANCES. 203 feet to a point, grade elevation 1 13 feet, thence level to the east curb line of Thomson avenue, thence west on a plane to the west curb line of Thomson avenue grade elevation 112.4 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 107.2 feet, thence level to the west curb line of Ingram avenue, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 112.1 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation 1 12.50 feet, thence west on a plane to the east curb line of Washington avenue, grade elevation 117.5 feet, thence level to the S., W. & S. Ry. tracks, thence west on a plane to the M., K. & T. Ry. tracks, grade elevation 117.4 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 1 16.3 feet, thence west on a plane to the west curb line of La- mine avenue, grade elevation 116.1 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 115 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade eleva- tion 1 10.8 feet, thence west on a plane to the west curb line of Osage avenue, grade elevation 110.2 feet, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 103 feet, thence west on a plane to the west curb line of Ken- tucky avenue, grade elevation 102. 4 feet, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 92.9 feet, thence level to the west curb line of Moniteau avenue, and also commencing at a point 140 feet east of the east line of Missouri avenue, grade elevation 83.5 feet, thence west on a plane to the east curb line of Missouri avenue, grade elevation 82.5 feet, thence level to the west curb line of Missouri avenue, thence west on a plane to the east curb line of Harrison avenue, grade elevation 77.5 feet, thence level to the west curb line of Harrison avenue, thence west on a plane to the east curb line of Grand avenue, grade elevation 75.60 feet, thence level to the west curb line of Grand avenue. Sec. 172. The grade of Fourteenth street, between Engineer street and Grand avenue, shall be as follows, to-wit : 204 REN'ISED ORDINANCES. Commencing at the east line of Engineer street, grade eleva- tion 68.9 feet, thence level to the west curb line of Engineer .street, then:e west on a plane to the east curb line of Summit street, grade elevation 70.7 feet; thence west on a plane to the west curb line of Summit street, grade elevation 7 i .3 feet, thence west on a plane to the east curb line of Brown street, grade elevation 81 feet, thence west on a plane to the west curb line of Brown street, grade elevation 81.6 feet, thence west on a plane to the east curb line of Montgomery street, grade ele- vation 93.2 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 92.8 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 99.3 feet, thence west on a plane to the west curb line of Marvin street, grade elevation 99.7 feet, thence west on a plane to the east curb line of Hancock avenue grade elevation 107.6 feet, thence west on a plane to the west curb line of Hancock avenue, grade elevation 108.2 feet, thence west on a plane 285 feet to a point, grade elevation 1 12.8 feet, thence west on a plane 40 feet to a point, grade elevation 1 13.2 feet, thence west level 150 feet, thence west on a plane to the east curb line of Thomson avenue, grade elevation 1 10.3 feet, thence west on a plane to the west curb line of Thomson avenue, grade elevation 109.7 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 103 feet, thence level to the west curb line of Ingram avenue, thence west on a plane to the east curb line of Lafayette ave- nue, grade elevation 109.5 feet, thence west on a plane to the west curb line of Lafayette avenue, grade elevation iio.i feet, thence west on a plane to the east curb line of Washington avenue, grade elevation 11 5.2 feet, thence level to the west curb line of Washington avenue, thence west on a plane to the S., W. & S. Ry. tracks, grade elevation 114.3 feet, thence west on a plane to the M., K. & T. Ry. tracks, grade elevation 1 15.3 feet, thence west on a plane to the east curb Hne of Lamine avenue, grade elevation 11 1.8 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the REVISED ORDINANCES. 205 east curb line of Osage avenue, grade elevation 109 feet, thence west on a plane to the west curb line of Osage avenue, grade elevation 108.4 f^^t, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 100 feet, thence level to the west curb line of Kentucky avenue, thence west 135 feet to a point, grade elevation 98.6 feet, thence west level to the west curb line of Moniteau avenue, and also commencing at the east curb line of Moniteau avenue, grade elevation 94.60 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 92 feet, thence level to the west curb line of Mis- souri avenue, thence west on a plane to the east curb line of Harrison avenue, grade elevation 90 feet, thence level to the west curb line of Harrison avenue, thence west on a plane to the east curb line of Grand avenue, grade elevation 82 feet; thence level to the west curb line of Grand avenue. Sec. 173. That the grade of Fifteenth street, between Engineer street and Grand avenue, shall be as follows, to-wit : Commencing at the east curb line of Engineer street, grade ele- vation 66.8 feet; thence west on a plane to the west curb line of Engineer street, grade elevation 67.2 feet, thence west on a plane to the east curb line of Summit street, grade elevation JG."] feet, thence west on a plane to the west curb line of Sum- mit street, grade elevation 77.3 feet, thence west on a plane to the east curb line of Brown street, grade elevation 87.3 feet, thence west on a plane to the west curb line of Brown street, grade elevation 87.7 feet, therce west on a plane to the east curb line of Montgomery street, grade elevation 97.6 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 98.4 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 104.9 feet, thence west on a plane to the west curb line of Marvin street, grade elevation 105. i feet, thence west on a plane to the east curb line of Hancock avenue, grade elevation 106.7 ^^et, thence west on a plane to the west curb line of Hmcock avenue, grade elevation 106.9 feet, thence west on a plane 290 feet to a point, 206 REVISED ORDINANCES, grade elevation 109.8 feet, thence west 40 feet to a point, grade elevation 1 10.2 feet, thence west on a plane 150 feet to a point, grade elevation 111.8 feet, thence west level to the east curb line of Thompson avenue, thence west on a plane to the west curb line of Thompson avenue, grade elevation 11 1.2 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 10 1.5 feet, thence level to the west curb line of Ingram avenue, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 103.8 feet, thence west on a plane to the w,est curb line of Lafayette avenue, grade elevation 104.2 feet, thence west on a plane to the east curb line of Wash- ington avenue, grade elevation 1 10.4 feet, thence level to the west curb line of Washington avenue, thence west on a plane to the S. W. & S. Ry. tracks, grade elevation 108.8 feet, thence west on a plane 160 feet to a point, grade elevation 104.5 f^^et, thence west on a plane to the east curb line of Lamine avenue, grade elevation 105. 5 feet, thence level to the west curb line of Lamine avenue, thence west on a plane to the M. K. & T. Ry. tracks, grade elevation 112 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 109.5 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 1 1 1.8 feet, thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 107 feet, thence level to the west curb line of Kentucky avenue, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 108.8 feet, thence level to the west curb line of Moniteau avenue, and also commencing at the west curb line of Moniteau avenue, grade elevation 104 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation 106 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 101.8 feet, thence level to the west curb line of Missouri avenue, thence west on a plane to the east curb line of Harrison avenue, grade elevation 94.3 feet, thence west on a plane to the west curb line of Harrison REVISED ORDINANCES. 20/ avenue, grade elevation 93.7 feet, thence w^est on a plane to the east curb line of Grand avenue, grade elevation 82 feet, thence level to the west curb line of Grand avenue. Sec. 174. The grade of Magnolia avenue between Moni- teau avenue and Grand avenue shall be as follows, to-wit: Commencing at the east curb line of Moniteau avenue, grade elevation 113 feet, thence west level 145 feet, thence west on a plane to the east curb line of Vermont avenue, grade elevation 1 12.3 feet, thence west on a a plane to the west curb line of Vermont avenue grade elevation 11 1.7 feet, thence west on a plane to the east curb line Missouri avenue, grade elevation 104.3 feet, thence west on a plane to the west curb line of Missouri avenue, grade elevation I03.7 feet, thence west on a plane to the east curb line of Harrison avenue, grade elevation 92.8 feet, thence west on a plane to the west curb line of Har- rison avenue, grade elevation 92.8 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 92.2 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 85.7 feet, thence level to the west curb line of Grand avenue. Sec. 175. The grade of Sixteenth street between eastern and western city limits shall be as follows, to-wit: Commenc- ing at the eastern limits, grade elevation 90 feet, thence west on a plane 225 feet to a point, grade elevation 92 feet, thence west 225 feet level, thence west on a plane 400 feet to a point, grade elevation 79.8 feet, thence west on a plane 40 feet to a point, grade elevation 79 feet, thence west on a plane to the east curb line of New York avenue, grade elevation 63.5 feet, thence west level 1090 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 71.5 feet, thence west on a plane to the west curb line of Engineer street, grade elevation 71.9 feet, thence west on a plane to the east curb line of Sum- mit street, grade elevation 82.8 feet, thence west on a plane to the west curb line of Summit street, grade elevation 83.2 feet, thence west on a plane to the east curb line of Brown street, grade elevation 93 feet, thence west on a plane to the west curb 2o8 REVISED ORDINANCES. line of Brown street, grade elevation 93.4 feet, thence west on a plane to the east curb line of Montgomery street, grade eleva- tion 96.5 feet, thence west on a plane to the west curb line of Montgomery street, grade elevation 96.9 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 99 feet, thence level to the west curb line of Marvin street, thence west on a, plane to the east curb line of Hancock avenue, grade elevation 97 feet, thence level to the west curb line Han- cock avenue, thence west on a plane 295 feet to a point, grade elevation 102.8 feet, thence west on a plane 40 feet to a point, grade elevation 103.2 feet, thence west on a plane to the east curb line of Thomson avenue, grade elevation 109.5 ^^^t. thence level to the west curb line of Thomson avenue, thence west on a plane to the east curb line of Ingram avenue, grade elevation 100.4 feet, thence west on a plane to the west curb line of Ingram avenue, grade elevation 100 feet, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 98.4 feet, thence level to the west curb line of Lafayette avenue, thence west on a plane to the east curb line of Washington avenue, grade elevation 103. 3 feet, thence west level 190 feet, thence west on a plane to the S. W. & S. Ry. tracks, grade elevation 102.6 feet, thence west on a plane 155 feet to a point, grade elevation 99 feet, thence west on a plane to the east curb line of Lamina avenue, grade elevation 100 feet, thence west on a plane to the west curb line of Lamine avenue, grade eleva- tion 100.6 feet, thence west on a. plane to the east curb line of Ohio avenue, grade elevation 109.3 f^^t, thence level to the west curb line of Ohio avenue, thence west on a plane to the M. K. & T. Ry. tracks, grade elevation iii feet, thence west on a plane to the east curb line of Osage avenue, grade elevation 1 13. 10 feet, thence west on a plane to the west curb line of Osage avenue grade elevation 11 3. 2 feet, thence west on a plane to the east curb line of Kentucky avenue, grade elevation II4.5 feet, thence west on a plane to the west curb line of Kentucky avenue, grade elevation 114.7 feet, thence w^st on a plane to the east curb line of Moniteau avenue, grade elevation 116 feet. REVISED ORDINANCES. 209 thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Vermont avenue, grade ele- vation 1 13.3 feet, thence west on a plane to the west curb line of Vermont avenue, grade elevation 112.7 feet, thence west on a plane to the east curb line of Missouri avenue, grade elevation 104.4 feet, thence west on a plane to the west curb line of Missouri avenue, grade elevation 103. 6 feet, thence west on a plane to the east curb line of Harrison avenue, grade elevation 92.8 feet, thence west on a plane to the west curb line of Harrison avenue, grade elevation 92.2 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 89.5 feet, thence level to the west curb line of Grand avenue, thence west on a plane 290 feet to a po nt, grade elevation 85.2 feet, thence west on a plane 40 feet to a point, grade eleva- tion 84.6 feet, thence west on a plane 290 feet to a point, grade elevation 80.5 feet, thence west on a plane 40 feet to a point, grade elevation 81 feet, thence west on a plane 290 feet to a point, grade elevation 89 feet thence west on a plane 40 feet to a point, grade eleva- tion 89.8 feet, thence west on a plane 150 feet to a point, grade elevation 95.5 feet, thence west level 140 feet, thence west on a plane 40 feet to a point, grade elevation 95 feet, thence west on a plane 290 feet to a point, grade elevation 85.5 feet, thence west on a plane 40 feet to a point, grade ele- vation 85 feet, thence west on a plane 290 feet to a point, grade elevation 87.40 feet, thence west on a plane 40 feet to a point, grade elevation 88 feet, thence west on a plane 290 feet to a point, grade elevation 96 feet, thence west on a plane 40 feet to a point, grade elevation 96.2 feet, thence west on a plane 290 feet to a point, grade elevation 98 feet, thence west level 40 feet, thence west on a plane 290 feet to a point, grade elevation 96.4 feet, thence west on a plane 40 feet to a point, grade elevation 96.2 feet, thence west on a plane 330 feet to a point, grade ele- vation 94.5 feet thence west on a plane 330 feet to a point, grade elevation 90 feet, thence west on a plane 290 feet to the western city limits, grade elevation 83. 5 feet. 2 10 REVISED ORDINANCES. Sec. 1/6. The grade of Seventeenth street, between Engineer street and Grand avenue, shall be as follows, to-wit: Commencing at the west curb line of Engineer street, grade elevation 'jG.'] feet, thence west on a plane to the east curb line of Summit street, grade elevation 87.4 feet, thence west on a plane to the west curb line of Summit street, grade elevation 88 feet, thence west on a plane to the east curb line of Brown street, grade elevation 90 feet, thence level to the west curb line of Brown street, thence west on a plane to the east curb line of Montgomery street, grade elevation 88.3 feet, thence level to the west curb line of Montgomery street, thence west on a plane to the east curb line of Marvin street, grade elevation 89.2 feet, thence level to the west curb line of Marvin street, thence west on a plane to the east curb line of Hancock avenue, grade ele- vation 87.2 feet, thence level to the west curb line of Hancock avenue, thence west on a plane 290 feet to a point, grade ele- vation 97.6 feet, thence west on a plane 40 feet to a point, grade elevation 98.4 feet, thence west on a plane to the east curb line of Thomson avenue, grade elevation 108.5 feet, thence level to the west curb line of Thomson avenue, thence west on a plane to the east curb line of Ingiam avenue, grade elevation 102.2 feet, thence west on a plane to the west curb line of Ingram avenue, grade elevation 101.8 feet, thence west on a plane to the east curb line of Lafayette avenue, grade elevation 94 feet, thence level to the west curb line of Lafayette avenue, thence west on a plane to the east curb line of Washington avenue, grade elevation 97 feet, and also com- mencing at the west curb line of Lamine avenue, grade eleva- tion 100.4 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 107. 7 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 108.5 feet, thence level to the west curb line of Osage avenue, thence west on a plane to the M., K. & T. Ry. tracks, grade elevation 108.7 feet, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 1 1 1 .9 feet, thence level to the west curb REVISED ORDINANCES. 2 I I line of Kentucky avenue, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 109.5 feet, thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Vermont avenue, grade ele- vation 1 12.8 feet, thence level to the west curb line of Vermont avenue, thence west on a plane to the east curb line of Missouri avenue, grade elevation 107 feet, thence level to the west curb line of Missouri avenue, thence west on a plane to the east curb line of Harrison avenue, grade elevation 103 feet, thence level to the west curb line of Hanison avenue, thence west on a plane to the east curb line of Grand avenue, grade elevation 95.5 feet. Sec. 177. The grade of Eighteenth street between En- gineer street and Grand avenue shall be as follows, to-wit: Commencing at the west curb line of Engineer street, grade ele- vation 81.7 feet, thence west on a plane to the east curb line of Summit street, grade elevation 86 feet, thence level to the west curb line of Summit street, thence west on a plane to the east curb line of Brown street, grade elevation 83 feet, thence west on a plane to the west curb line of Brown street, grade eleva- tion 82.6 feet, thence west on a plane to the east curb line of Montgomery street, grade elevation 80.6 feet, thence west on a plane to the west curb line of Montgomery street, grade ele- vation 80.4 feet, thence west on a plane to the east curb line of Marvin street, grade elevation 79 feet, thence level to the west curb line of Marvin street, thence west on a plane to the east curb line of Hancock avenue, grade elevation 86.6 feet, thence west on a plane to the west curb line of Hancock avenue, grade elevation 87.4 feet, thence west on a plane 295 feet to a point, grade elevation 97.6 feet, thence west on a plane 40 feet to a point, grade elevation 98.4 feet, thence west 0:1 a plane to the east curb line of Thomson avenue, grade elevation 108 feet, thence level 160 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 104.2 feet, and also commencing at the west curb line of Washington avenue, grade elevation 90 feet, thence west on a plane to the S., W. 2 12 REVISED ORDINANCES. & S. Ry. tracks, grade elevation 92.8 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 99.8 feet, thence west on a plane to the west curb line of Lamine avenue, grade elevation 100. 4 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 105.8 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 10 1 feet, thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky- avenue, grade elevation 103 feet, thence west on a plane to the west curb line of Kentucky avenue, grade elevation 103. 4 feet, thence west on a plane to the M., K. & T. Ry. tracks, grade elevation 109. 2 feet, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 104 feet, thence level to the west curb line of Moniteau avenue, thence west on a plane to the east curb line of Vermont avenue, grade eleva- tion 108.8 feet, thence west on a plane to the west curb line of Vermont avenue, grade elevation 109.2 feet, thence west on a plane to the east curb line of Missouri avenue, grade elevation 1 12.5 feet, thence level to the west curb line of Missouri ave- nue, thence west on a plane to the east curb line of Harrison avenue, grade elevation 1 10 feet, thence level to the west curb line of Harrison avenue, thence west on a plane to the east curb line of Grand avenue, grade elevation 101.7 feet. Sec. 178. The grade of Nineteenth street, between En- gineer street and Moniteau avenue, shall be as follows, to wit: Commencing at the west curb line of Engineer street, grade ele- vation 80.00 feet, thence west on a plane to the east curb line of Summit street, grade elevation 78.1 feet, thence west on a plane to the west curb line of Summit street, grade elevation 77.9 feet, thence west on a plane to the east curb line of Brown street, grade elevation 76.1 feet, thence west on a plane to the west curb line of Brown street, grade elevation 75.9 feet, thence west on a plane to the east curb line of Montgomery street, grade elevation 74.3 feet, thence level to the west curb line of Montgomery street, thence west on a plane to the east curb line REVISED ORDINANCES. ' 213 of Marvin street, grade elevation 75.9 feet, thence west on a plane to the west curb line of Marvin street, grade elevation 76.1 feet, thence west to the east curb line of Hancock avenue, grade elevation 86.7 feet, thence west on a plane to the west curb line of Hancock avenue, grade elevation 87.3 feet, thence west on a plane 295 feet to a point, grade elevation 95.6 feet, thence west on a plane 40 feet to a point, grade ele- vation 96.4 feet, thence west on a plane to the east curb line of Thomson avenue, grade elevation 106. 3 feet, thence west on a plane to the west curb line of Thomson avenue, grade elevation 106.9 ^eet, thence west on a plane 150 feet to a point, grade elevation 108.00 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 107. 4 feet, thence west on a plane to the west curb line of Ingram avenue, grade eleva- tion 107.00 feet, and also commencing at the west curb line of Washington avenue, grade elevation 85.00 feet, thence west level 145 feet, thence west on a plane to the S., W. & S. Ry. tracks, grade elevation 89.8 feet, thence west on a plane to the east curb line of Lamine avenue, grade elevation 97.5 feet, thence west on a plane to the west curb line of Lamine avenue, grade elevation 97.9 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 100. 4 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 95.00 feet, thence level to the west curb line of Kentucky ave- nue, thence west on a plane to the east curb line of Moniteau avenue, grade elevation' 102.4 feet, thence west on a plane to the west curb line of Moniteau avenue, grade elevation 103.00 feet. Sec. 179. The grade of Twentieth street, between Engi- neer street and Grand avenue, shall be as follows, to-wit : Commencing at the west curb line of Engineer street, grade ele- vation 72.00 feet, thence west on a plane to the east curb line of Summit street, grade elevation 69.7 feet, thence west on a plane to the west curb line of Summit street, grade elevation 69.3 feet, thence west on a plane to the east curb line of Brown 214 REVISED ORDINANCES. Street, grade elevation 67.00 feet, thence level tc the west curb line of Brown street, thence west on a plane to the east curb line of Montgomery street, grade elevation 68.3 feet, thence west on a plane to the west curb line of Montgomery street, grade eleva- tion 68.5 feet, thence west on a plane to the east curb line of Marvin street, grade 72.4 feet, thence west on a plane to the west curb line cf Marvin street, grade elevation 73.00 feet, thence west on a plane 275 feet to a point, grade elevation 82.00 feet, thence west on a plane 40 feet to a point, grade elevation 82.6 feet, thence west on a plane 295 feet to a point, grade ele- vation 92.7 feet, thence west on a plane 40 feet to a point, grade elevation 93.3 feet, thence west on a plane 295 feet to a point, grade elevation 103.4 ^^^t, thence west on a plane 40 feet to a point, grade elevation 103.8 feet, thence west on a plane 135 feet lO a point, grade elevation 105.00 feet, thence west level to the west curb line of Ingram avenue, thence wes*: on a plane 295 feet to a point, grade elevation 98.4 feet, thence west on a plane 40 feet to a point, grade elevation 98.00 feet, thence west on a plane to the east curb line of Washington avenue, grade eleva- tion 88.3 feet, thence west on a plane to the west curb line of Washington avenue, grade elevation 87.7 feet, and also com- mencing at the east curb line of Lamine avenue, grade elevation 91.6 feet, thence level to the west curb line of Lamine avenue, thence west on a plane to the east curb line of Ohio avenue, grade elevation 90.2 feet, thence level to the west curb line of Ohio avenue, thence west on a plane to the east curb line of Osage avenue, grade elevation 88.00 feet, thence level to the west curb line of Osage avenue, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 92.6 feet, thence west on a plane to the west curb line of Kentucky ave- nue, grade elevation 93.2 feet, thence west on a plane to the east curb line of Moniteau avenue, grade elevation 99.6 feet, thence west on a plane to the west curb line of Moniteau ave- nue, grade elevation 100.00 feet, thence west on a plane 290 to a point, grade elevation 102.9 feet, thence west on a plane 40 feet to a point, grade elevation 103.3 ^eet, thence west on a REVISED ORDINANCES. 21 5 plane to the east curb line of Missouri avenue, grade elevation 107.3 fs6t, thence west on a plane to the west curb line of Mis- souri avenue, grade elevation 107.7 ^^^t, thence west on a plane 290 feet to a point, grade elevation 111.3 feet, thence we;t on a plane 40 feet to a point, grade elevation 110.7 feet, thence west on a plane to the east curb line of Grand avenue, grade ele- vation 106.5 feet. Sec. 180. The grade of Twenty-third street, between Missouri and Grand avenues, shall be as follows, to-wit : Com- mencing at the east curb line of Missouii avenue, grade eleva- tion 107.9 feet, thence level to west curb line of Missouri ave- nue, thence west on a plane 150 feet to a point, grade elevation I 12.4 feet, thence west level 140 feet, thence west on a plane 40 feet to a point, grade elevation 112 feet, thence west on a plane to the east curb line of Grand avenue, grade elevation 103.2 feet, thence level to the west curb line of Grand avenue. Sec. 181. The grade of Twenty-fourth street, between Engineer street and Grand avenue, shall be as follows, to-wit: Commencing at the east curb line of New York avenue, grade elevation 41.5 feet, thence level to the west curb line of New York avenue, thence west on a plane 310 feet to a point, grade elevation 37 feet, thence west level 40 feet, thence west on a plane. 310 feet to a point, grade elevation 44 feet, thence west on a plane 325 feet, grade elevation 59.6 feet, thence west on a plane to the east curb line of Engineer street, grade elevation 69.6 feet, thence west on a plane to the west curb line of Engi- neer street, grade elevation 70 feet, thence west on a plane 290 feet to a point, grade elevation 74 feet, thence west on a plane 330 feet to a point, grade elevation 75.8 feet, thence west on a plane 370 feet to a point, grade elevation 78 feet, thence west on a plane 240 feet to a point, grade elevation 82.1 feet, thence west on a plane 30 feet to a point, grade elevation 82.7 feet, thence west on a plane 810 feet to a point, grade elevation 97 feet, thence west level i 50 feet, thence west on a plane 40 feet to a point, grade elevation 96.4 feet, thence west on a plane to the east curb line of Ingram avenue, grade elevation 88.2 feet. 2l6 REVISED ORDINANCES. thence west on a plane to the west curb Hne of Ingram avenue, grade elevation 87.8 feet, ihence west on a plane 290 feet to a point, grade elevation 78.6 feet, thence west on a plane 40 feet to a point, grade elevation 78 feet, thence west on a plane to the east curb line of Washington avenue, grade elevation 70 feet, thence level to the west curb line of Washington avenue, thence west 290 feet to a point, grade elevation 77.3 feet, thence west on a plane 190 feet, grade elevation 82 feet, thence west on a plane to the S., W. & S. Ry. tracks, grade elevation 89.2 feet, thence west on a plane to the east curb line of Ohio avenue, grade elevation 96.2 feet, thence west on a plane to the west curb line of Ohio avenue, grade elevation 96.8 feet, thence west on a plane to the east curb line of South Ohio avenue, grade elevation 99 feet, thence west on a plane on the west curb line of South Ohio avenue, grade elevation 99. 6 feet, thence west on a plane 125 feet to a point, grade elevation 102 feet, thence west level 40 feet, thence west on a plane to the east curb line of Kentucky avenue, grade elevation 97.6 feet, thence west on a plane to the west curb line of Kentucky avenue, grade elevation 97.2 feet, thence west on a plane 290 feet to a point, grade elevation 92 feet, thence west level 40 feet, thence west on a plane 290 feet to a point, grade elevation 92.9 feet, thence west on a plane 40 feet to a point, grade elevation 93.1 feet, thence west on a plane to the east curb line of Missouri avenue, grade elevation 101.7 feet, thence west on a plane to the west curb line of Missouri avenue, grade elevation 102. 3 feet, thence west on a plane 150 feet to a point, grade elevation 106 feet, thence west level 140 feet, thence west on a plane 40 feet to a point, grade elevation 105.4 'teet, thence west on a plane to the east curb line of Grand avenue, grade elevation 95.3 feet, thence level to the west curb line of Grand avenue. Sec. 182. The grade of Barrett avenue between Third street and Fifth street shall be as follows, to-wit : Commenc- ing at the north curb line of Third street, grade elevation 52.6 feet, thence south on a plane to the south curb line of Third street, grade elevation 52 feet, thence south on a plane to the REVISED ORDINANCES. 2 1/ north curb line of Fourth street, grade elevation 44.8, feet thence south on a plane to the south curb line of Fourth street, grade elevation 44.20 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 43 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 43.6 feet. Sec. 183. The grade of Thompson avenue between Third street and Twelfth street shall be as follows, to-wit: Com- mencing at the north curb line of Third street, grade ele- vation 54 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation 49 feet, thence level to the south curb line of F"ourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 46.2 feet, thence level to the south curb line of Fifth street, and also commencing at the north curb line of Broadway street, grade elevation 71 2 feet, thence south on a plane to the south curb line of Broadway street, grade elevation 71.8 feet, thence south on a plane to the north curb line of Ninth street, grade elevation 75.8 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 76.2 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 78.3 feet, thence south on a plane to the south curb line of Tenth street, grade ele- vation 78,5 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 80.5 feet thence south on a plane to the south curb line of Eleventh street, grade eleva- tion 80.7 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 81.4 feet. Sec. 184. The grade of Carr avenue, between Third street and Twelfth street, shall be as follows, to-wit: Com mencing at the north curb line of Third street, grade elevation 60.5 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation 56.2 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 51.8 feet, thence level to the 2i8 REVISED ORDINANCES. south curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevation 48 feet, thence level to the south curb line of Sixth street, thence south on a plane 290 feet to a point, grade elevation 54.2 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 63.5 feet, thence level to the south curb line of Broadway, thence south on a plane to the north curb line of Ninth street, grade elevation 69.3 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 69.7 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 74 5 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation 79.5 feet, thence level to the south curb line of Eleventh street, thence south on a plane to the north curb line of Twelfth street, grade elevation 82 feet. Sec. 185. The grade of Sneed avenue, between Third street, and Twelfth street, shall be as follows, to-wit : Com- mencing at the north curb line of Third street, grade elevation 65 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation 63.2 feet, thence level to the south curb line o{ Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 58.2 feet, thence level to the south curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevation 53 feet, thence level to the south curb line of Sixth street, thence south on a plane to the north curb line of Broadway street, grade elevation 55 ^eet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 59.6 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 60 feet, thence south on a plane to the north curb line of Tenth street, grade eleva- tion 66 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 66.40 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 72.8 feet, thence south on a plane to the south curb line of REVISED ORDINANCES. 219 Eleventh street, grade elevation 73.2 feet, thence south on a plane to the north curb line of Twelfth street, 74.2 feet. Sec. 186. The grade of Park avenue, between Henry street and Twelfth street, shall be as follows, to-wit: Com- mencing at the north curb line of Henry street, grade elevation 55 feet, thence level to the south curb line of Henry street, thence south on a plane 200 feet to a point, grade elevation 56 feet, thence level to the south curb line of Johnson street, thence south on a plane to the north curb line of Morgan street, grade elevation 60 feet, thence level to the south curb line of Morgan street, thence south on a plane to the north curb line of Cooper street, grade elevation 68 feet, thence level to the south curb line of Cooper street, thence south on a plane to the north curb line of Pettis street, grade elevation 71 feet, thence level to the south curb line of Pettis street, thence south on a plane to the tracks of the Lexington Branch R)-'., grade elevation 70.2 feet, thence south on a plane to the Mo. Pacific Ry. tracks, grade elevation 66 feet, thence south on a plane to the north curb line of Main street, grade elevation 62.5 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb line of Second street, grade eleva- tion 65.6 feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Wil- kerson street, grade elevation 64 feet, thence level to the south curb line of Wilkerson street, thence south on a plane 275 feet to a point, grade elevation 65.5 feet, thence south on a plane to the north curb line of Third street, grade elevation 69 feet, thence south on a plane to the center of Third street, grade elevation 69.34 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, as it runs east of Park avenue, grade elevation 71 feet, thence level to the south curb line of Fourth street, as aforesaid, thence south on a plane to the north curb line of Fifth street, as it runs east of Park avenue, grade elevation 66.30 feet, thence south on a plane to the south curb line of Fifth street, as aforesaid, grade elevation 65.9 feet, thence 220 REVISED ORDINANCES. south on a plane to the north curb line of Sixth street, as it runs east of Park avenue, grade elevation 63.2 feet, thence south on a plane to the south curb line of Sixth street as afore- said, grade elevation 62.8 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 60.6 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 60.4 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 58 feet, thence level to the south curb line of Ninth street, thence south on a plane to the north curb line of Tenth street, grade eleva- tion 59.9 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 60. i feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 62 feet, thence level to the south curb line of Eleventh street, grade elevation 62 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 6^ feet. Sec. 187. The grade of Stewart avenue, between Henry and Twelfth streets, shall be as follows, to-wit : Commencing at the north curb line of Henry street, grade elevation 43. feet, thence level to the south curb line of Henry street, thence south on a plane to the north curb line of Johnson street, grade ele- vation 50 feet, thence level to the south curb line of Johnson street, thence south on a plane to the north curb line of Morgan street, grade elevation 61.5 feet, thence level to the south curb line of Morgan street, thence south on a plane to the north curb line of Cooper street, grade elevation yi feet, thence level to south curb line of Cooper street, thence south on a plane to the north curb line of Pettis street, grade elevation yy feet, thence level to the south curb line of Pettis street, thence south on a plane to the Lexington Branch Ry. tracks, grade elevation y^.y feet, thence south on a plane to the Mo. Pacific Ry. tracks, grade elevation 71 feet, thence south on a plane to the north curb line of Main street grade elevation 70.4 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb line of Second street, grade elevation 74.8 feet, thence level to the south curb line of Second street, thence REVISED ORDINANCES. 22 [ south on a plane to the north curb Hne of Wilkerson street, grade elevation 73.8 feet, thence level to the south curb line of Wilkerson street, thence south on a plane 275 feet to a point, grade elevation 72.4 feet, thence south on a plane to the north curb line of Third street, grade elevation 74.7 feet, thence level to the south curb line of Third street, and also commenc- ing at the north curb line of Broadway, grade elevation 65.11 feet, thence level to the south curb line of Broadway, thence south on a plane to the north curb line of Ninth street, grade elevation 62 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation 63.5 feet, thence level to the south curb line of Eleventh street, thence south on a plane to the north curb line of Twelfth street, grade elevation 62.8 feet. Sec. 188. The grade of Quincy avenue, between Henry street and Twelfth street shall be as follows, to-wit : Commenc- ing at the north curb line of Henry street, grade elevation 41.8 feet, thence level to the south curb line of Henry street, thence south on a plane to the north curb line of Johnson street, grade elevation 51 feet, thence level to the south curb line of Johnson street, thence south on a plane to the north curb line of Morgan street, grade elevation 65 feet, thence level to the south curb line of Morgan street, thence south on a plane to the north curb line of Cooper street, grade elevation "j^ feet, thence level to the south curb line of Cooper street, thence south on a plane 200 feet to a point, grade elevation 80 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 81. 50 feet, thence level to the south curb line of Pettis street, thence south on a plane 240 feet to a point, grade elevation 80 feet, thence south on a plane to the Mo. Pacific Ry. tracks, grade elevation 75 feet, thence south on a plane the north curb line of Main street, grade elevation 79 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb line of Second street, grade elevation 84.6 feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Wilkerson street, grade elevation 222 REVISED ORDINANCES. 83.6 feet, thence level to the south curb line of Wilkerson street, thence south on a plane 275 feet to a point, grade elevation 82 feet, thence south on a plane to the north curb line of Third street, grade elevation 83.50 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street grade elevation 84.2 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 87 feet, thence level to the south curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevation 84 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 83.6 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 77.5 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 77.1 feet, thence south on a plane to the north curb line of Broadway street, grade elevation T}, 7 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 68 feet, thence level to the south curb line of Ninth street, thence south on a plane to the north curb line of Tenth street, grade elevation 71 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation ^"J feet, thence level to the south curb line of Eleventh street, thence south on a plane to the north line of Twelfth street, grade ele- vation 65 feet. Sec. 189. The grade of Prospect street, between Henry street and Twelfth street, shall be as follows, to-wit : Com- mencing at the north curb line of Henry street, grade ele- vation 55.5 feet; thence level to the south curb line of Hen ry street, thence south on a plane to the north curb line of Johnson street, grade elevation 58 . 5 feet, thence level to the south curb line of Johnson street, thence south on a plane to the north curb line of Morgan streei", grade ele- vation 67.00 feet, thence level to the south curb line of Mor- gan street, thence south on a plane to the north curb line of REVISED ORDINANCES. 223 Cooper street, grade elevation 78.00 feet, thence level to the south curb line of Cooper street, thence south on a plane to the north curb line of Pettis street, grade elevation 83.00 feet, thence level to the south curb line of Pettis street, thence south level 255 feet, thence south on a plane to the Mo. Pacific Ry. tracks, grade elevation 77.00 feet, thence south on a plane to the north curb line of Main street, grade elevation 81.1 feet, thence south on a plane to the south curb line of Main street, grade elevation 81.5 feet, thence south on a plane to the north curb line of Sec- ond street, grade elevation 86.00 feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Wilkerson street, grade elevation 89.80 feet, thence level to the south curb line of Wilkerson street, thence south on a plane 215 feet to a point, grade elevation 90.8 feet, thence south on a plane to the north curb line of Third street, grade elevation 89.9 feet, thence level to the south curb line of Third street, and also commencing at the north line of Broadway street, grade elevation 79. 1 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 78.2 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 77.00 feet, :hence level to the south curb line of Ninth street, thene south on a plane to the north curb line of Tenth street, grade elevation 80.00 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation 71.7 feet, thence level to the south curb line of Eleventh street, thence south on a plane to the north curb line of Twelfth street, grade elevation 69 feet. Sec. 190. The grade of Grand avenue, between Henry street and Twenety-eighth street, shall be as follows, to-wit : Commencing at the north curb line of Henry street, grade ele- vation 52.40 feet, thence south on a plane to the south curb line of Henry street, grade elevation 52.80 feet, thence south on a plane to the north curb line of Johnson street, grade elevation 56.20 feet, thence south on a plane to the south curb line of Johnson street, grade elevation 56.60 feet, thence south on a 224 REVISED ORDINANCES. plane to the north curb line of Morgan street, grade elevation 61.50 feet, thence south on a plane to the south curb line of Morgan street, grade elevation 62 feet, thence south on a plane to the north curb line of Cooper street, grade elevation 66.70 feet, thence south on a plane to the south curb line of Cooper street, grade elevation 67.20 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 71.60 feet, . thence south on a plane to the south curb line of Pettis street, grade elevation 72 feet, thence south on a plane to a point 75 feet north of, the north line of Missouri Pacific Ry. right of way, grade elevation 75 feet, thence south on a plane to the Misssouri Pacific Ry. tracks, grade elevation 78.5 feet, thence south on a plane to the north curb line of Main street, grade elevation 75 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb line of Second street, grade elevation 80.9 feet, thence south on a plane to the south curb line of Second street, grade elevation 81.4 feet, thence south on a plane to the north curb line of Wilkerson street, grade elevation 85.40 feet, thence south on a plane to the south curb line of Wilkerson street, grade elevation 85.80 feet, thence south on a plane to the north curb line of Third street, grade elevation 92.3 feet, thence south on a plane to the south curb line of Third street, grade elevation 92 4 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 95 22 feet, thence south on a plane to the south curb line of Fourth street, grade elevation 95.52 feet, thence south on a plane to the north curb line of Fifth street, as it runs east of Grand avenue, grade elevation 98.88 feet, thence south on plane to the south line of aforesaid Fifth street, grade elevation 99.32 feet, thence level to the south curb line of Fifth street, as it runs west of Grand avenue, thence south on a plane 75 feet to a point, grade ele- vation 98.80 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 96.90 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 96.5 feet, thence south on a plane to the north curb line of REVISED ORDINANCES. 22 5 Seventh street, grade elevation 92.4 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 92.2 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 86 feet, thence level to the south curb line of Broadway street, thence south on a plane to north curb line of Ninth street, grade elevation 8*8 feet, thence level to the south curb line of Ninth street, thence south on a plane to the north curb line of Tenth street, grade elevation 84 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 83.6 feet, thence sorth on a plane to the north curb line of Eleventh street, grade elevation 76.4 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 75 feet, thence south on a plane to the north line of Twelfth street, grade elevation 74 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 75.4 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 'j6 feet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 82 feet, thence level to the south curb line of Fifteenth street, thence south on a plane to the north curb line of Magnolia avenue, grade elevation 85.6 feet, thence south on a plane to the south curb line of Magnolia avenue, grade eleva- tion 85.8 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 89.3 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 89.7 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 95.2 feet, thence south on a plane to the south curb line of Seventeenth street, grade eleva- tion 95.8 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 101.4 feet, thence south on a plane to the south curb line of Eighteenth street, grade elevation 102 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 103. 4 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation 103.6 feet, thence south on a plane to north curb line of Twentieth street, grade elevation 106.3 ^^^t, thence 226 REVISED ORDINANCES. south on a plane to the south curb Hne of Twentieth street, grade elevation 106.7 feet, thence south on a plane to the M., K. & T. Ry. tracks, grade elevation 11 1.4 feet, thence south on a plane 165 feet to a point, grade elevation 112. 7 feet, thence south on a plane 40 feet to a point, grade elevation 113 feet, thence south level 150 feet, thence south on a plane 140 feet to a point, grade elevation 112 feet, thence south on a plane 40 feet to a point, grade elevation 11 1.4 feet, thence south on a plane to the north curb line of Twenty-third street, grade eleva- tion 103.5 feet, thence south on a plane to the south curb line of Twenty-third street, grade elevation 103 feet, thence south on a plane to the norih curb line of Twenty-fourth street, grade elevation 95.6 feet, thence south on a plane to south curb line of Twenty-fourth street, grade elevation 95 feet, thence south on a plane 290 feet to a point, grade elevation 91.2 feet, thence south on a plane 40 feet to a point, grade elevation 90.6 feet, thence south on a plane 290 feet to a point, grade elevation 87 feet, thence south 40 feet to a point, grade elevation 86.4 feet, thence south 290 feet to a point, grade elevation 85.1 feet, thence south 40 feet to a point, grade elevation 84.9 feet, thence south on a plane to the north curb line of Twenty-eighth street, grade elevation 83.6 feet. Sec. 191. The grade of Harrison avenue, between Main street and Eighteenth street, shall be as follows, to-wit: Com- mencing at the north curb line of Main street, grade elevation 77.'^ feet, thence level to the south curb line of Main street; thence south on a plane to the north curb line of Second street, grade elevation 78.80 feet; thence level to the south curb line of Second street ; thence south on a plane to the north curb line of Wilkerson street, grade elevation 78.3 feet; thence south on a plane to the south curb line of Wilkerson street, grade elevation 78.7 feet; thence south on a plane to the north curb line of Third street, grade elevation 86.9 feet; thence south on a plane to the south curb line of Third street, grade elevation 87.41 feet; thence south level 135 feet; thence south on a plane to the north curb line of Fourth street, grade elevation 89.20 feet; REVISED ORDINANCES. 22/ thence south on a plane to the south curb line of Fourth street, grade elevation 89.60 feet; thence south on a plane to the north curb line of Fifth street, grade elevation 94.40 feet; thence south on a plane to the south curb line of Fifth street, grade eleva- tion 94. 70 feet; thence south on a plane to the north curb line of Sixth street, grade elevation 100.2 feet; thence south on a plane to the south curb line of Sixth street, grade elevation 100.6 feet; thence south on a plane to the north curb line of Seventh street, grade elevation 103.4 feet; thence level to the south curb line of Seventh street ; thence south on a plane to the north curb line of Broadway street, grade elevation 97.45 feet; thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade ele- vation 95.40 feet; thence south on a plane to the south curb line of Ninth street, grade elevation 95 feet; thence south on a plane to the north curb line of Tenth street, grade elevation 85.80 feet ; thence south on a plane to the south curb line of Tenth street, grade elevation 85.40 feet; thence south on a plane to the north curb line of Eleventh street, grade elevation 79.20 feet; thence south on a plane to the south curb line of Eleventh street, grade elevation 78.8 feet; thence south on a plane 150 feet to a point, grade elevation t6.^ feet; thence south on a plane to the north curb line of Thirteenth street, grade eleva- tion 77.3 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation, TJ .7 feet; thence south on a plane to the north curb line of Fourteenth street, grade elevation 89.7 feet; thence south on a plane to the south curb line of Fourteenth street, grade elevation 90.3 feet; thence south on a plane to the north curb line of Fifteenth street, grade elevation 94 feet; thence level to the south curb line of Fifteenth street, thence south on a plane to the north curb line of Magnolia ave- nue, grade elevation 92.5 feet; thence level to the south curb line of Sixteenth street; thence south on a plane to the north curb line of Seventeenth street, grade elevation 102. 7 feet; thence south on a plane to the south curb line of Seventeenth street, grade elevation 103. 3 feet; thence south on a plane to 228 REVISED ORDINANCES. the north curb Hne of Eighteenth street, grade elevation 109.8 feet; thence south on a plane to the south curb line of Eight- eenth street, grade elevation 110.2 feet. Sec. 19.. The grade of Missouri avenue, between Clay street and Twenty-fourth street, shall be as follows, to-wit : Commencing at the north curb line of Clay street, grade eleva- tion 50 feet; thence level to the south curb line of Clay street; thence south on a plane 200 feet to a point, grade elevation 55 feet; thence south on a plane to the north curb line of Henry street, grade elevation 65.4 feet; thence south on a plane to the south curb line of Henry street, grade elevation 66 feet; thence south on a plane to the north curb line of Johnson street, grade elevation 80.7 feet; thence level to a pomt 265 feet south of the south line of Morgan street; thence south on a plane to the north curb line of Cooper street, grade elevation 87.2 feet; thence level to a point 170 feet south of the south line of Coop- er street; thence south on a plane to the north curb line of Pet- tis street, grade elevation 84 feet; thence level to the south curb line of Pettis street; thence south on a plane to the north curb line of Jefferson street, grade elevation 79.8 feet; thence south on a plane to the south curb line of Jefferson street, grade ele- vation 79.4 feet; thence south on a plane to the north curb line of Benton stieet, grade elevation 78.75 feet; thence level to the south curb line of Benton street; thence south on a plane to the Mo. Pacific Ry. tracks, grade elevation 85.7 feet; thence south on a plane to the north curb line of Main street, grade elevation 8s feet; thence level to the south curb line of Main street; thence south on a plane to the north curb line of Second street, grade elevation 90 feet; thence level to the south curb line of Second street; thence south on a plane to the north curb line of Wilkerson street, grade elevation 88.2 feet; thence level to the south curb hne of Wilkerson street, thence south on a plane to the north curb line of Third street, grade elevation 88.9 feet; thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade eleva- tion 89.15 feet, thence level to the south curb line of Fourth REVISED ORDINANCES. 229 Street, thence south 135 feet to a point, grade elevation 90 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 91.85 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 92.15 feet; thence south on a plane to the north curb line of Sixth street, grade elevation 99.4 feet; thence south on a plane to the south curb line of Sixth street, grade elevation 99.8 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 107.6 feet, thence level to the south curb line of Seventh street, thence level to the north curb line of Broadway street, thence south on a plane to the south curb line of Broadway street, grade elevation 107.47 ^^et, thence south on a plane to the north curb line of Ninth street, grade elevation 102 feet; thence south on a plane to the south curb line of Ninth street grade elevation 1 01. 5 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 95.2 feet; thence south on a plane to the south curb line of Tenth street, grade elevation 94.70 feet ; thence south on a plane to the north curb line of Eleventh street, grade elevation 89.3 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation bS.y feet, thence south on a plane 150 feet to a point, grade elevation 85 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 82.5 feet, thence level to the south curb line of Thirteenth street, thence south on a plane to the north curb line of Fourteenth street, grade elevation 91.7 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation 92.3 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation 10 1.6 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 102 feet, thence south on a plane to the north curb line of Magnolia avenue, grade elevation 104 feet, thence level to the south curb line of Sixteenth street, thence south on a plane to the north curb line of Seventeenth street, grade eleva- tion 106.8 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 107.2 feet, thence south on a piane to the north curb line of Eighteenth street, grade eleva- 230 REVISED ORDINANCES. tion 112. 5 feet, thence level to the south curb line of Nineteenth street, thence south on a plane to the M., K. & T. Ry. tracks, grade elevation 1 1 1 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 107. 5 feet, thence level to the south curb line of Twentieth street, thence south on a plane 290 feet to a point, grade elevation 109.60 feet, thence south on a plane 40 feet to a point, grade elevation iio feet, thence south on a plane 290 feet to a point, grade elevation 1 12 feet, thence south level 40 feet, thence south on a plane 135 feet to a point, grade elevation 1 1 1 feet, thence south on a plane to the north curb line of Twenty-third street, grade elevation 108.2 feet, thence south on a plane to the south curb line of Twenty-third street, grade elevation 107.6 feet; thence south on a plane to the north curb line of Twenty-fourth street, grade elevation 102 feet. Sec. 193. The grade of Vermont street, between the Mo. Pacific Ry. right of way and Eighteenth street shall be as follows, to-wit : Commencing at the south line of the Mo. Pacific Ry. right of way, grade elevation 88.4 feet, thence south on a plane to the north curb line of Main street, grade elevation 87.6 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb line of Second street, grade elevation 95 feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Wilkerson street, grade elevation 98 feet, thence level to the south curb line of Wilkerson street, thence south on a plane to the north curb line of Third street grade elevation 96 feet, thence south on a plane to the south curb line of Third street, grade elevation 95.80 feet, thence south on a plane to the north curb line of Fourth street grade elevation 95.65 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of F"ifth street grade elevation 91.50 feet, thence level to the south curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevation 97.5 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 97.7 feet. REVISED ORDINANCES. 23 I thence south on a plane to the north curb line of Seventh street, grade elevation 105.74 feet, thence level to the south curb line of Seventh street, thence south on a plane to the north curb line of Broadway street, grade elevation 113.50 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 109 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 108.4 feet, thence south on planea to the north curb line of Tenth street, grade elevation 103. 2 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 102. 8 feet, thence south on a plane to the north curb line of Eleventh street grade elevation 95.3 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 94.7 feet, thence south on a plane 150 feet to a point, grade elevation 90 feet, and also commencing at the north curb line of Fourteenth street, grade elevation 93.7 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation 94.3 feet, thence south on a plane to the north curb line of Fifteenth street grade elevation 105. 7 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 106.3 feet, thence south on a plane to the North curb line of Magnolia avenue, grade elevation 11 1.9 feet, thence south on a plane to the south curb line of Mag- nolia avenue, grade elevation II2.1 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 113 feet, thence level to the north curb line of Seventeenth street, thence south on a plane to the south curb line of Seven- teenth street, grade elevation 112.6 feet, thence south on a plane to the north curb line of Eighteenth street, grade eleva- tion 109 feet, thence on a level to the south curb line of Eighteenth street. Sec. 194. The grade of Moniteau avenue between Clay street and Twentieth street shall be as follows, to-wit: Com- mencing at the north curb line of Clay street, grade elevation 57.2 feet, thence south on a plane to the south curb line of Clay street, grade elevation 57.8 feet, thence south on a plane 232 REVISED ORDINANCES. to the north curb line of Henry street, grade elevation 78.4 feet, thence south on a plane to the south curb line of Henry street, grade elevation 79 feet, thence south on a plane to the north curb line of Johnson street, grade elevation 94 feet, thence south on a plane to the south curb line of Johnson street, grade elevation 94.3 feet, thence south on a plane to the north curb line of Morgan street, grade elevation 100 feet, thence level to a point 195 feet south of the south line of Morgan street, thence south on a plane to the north curb line of Cooper street, grade elevation 99.7 feet, thence south on a plane to the south curb line of Cooper street, grade elevation 99.3 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 95.2 feet, thence south on a plane to the south curb line of Pettis street, grade elevation 94.8 feet, thence south on a plane to the north curb line of Jefferson street, grade ele- vation 89.6 feet, thence south on a plane to the south curb line of Jefferson street, grade elevation 89.2 feet, thence south on a plane to the north curb line of Benton street, grade elevation 87 feet, thence level to the south curb line of Benton street, thence south on a plane to the north Mo Pacific Ry. tracks, grade elevation 91.3 feet, thence south on a plane to the south Mo. Pacific Ry. tracks, grade elev tion 91.6 feet, thence south on a plane to the north curb line of Main street, grade elevation 89.3 feet, thence level to the south curb line of Main street, thence south on a plane 165 feet to a point, grade elevation 92 feet, thence south on a plane to the north curb line of Second street, grade elevation 95.80 feet, thence south on a plane to the south curb line of Second street, grade elevation 96. 1 feet, thence south on a plane to the north curb line of Wilkerson street, grade elevation 102.65 ^eet, thence south on a plane to the south curb line of Wilkerson street, grade elevation 102.8 feet, thence south on a plane to the north curb line of Third street, grade elevation 104.65 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation 104.48 feet, thence south on a plane to the south curb line of Fourth street, grade REVISED ORDINANCES. 233 elevation 104.28 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 99.42 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 99.34 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 97. 1 feet, thence south on a plane to the south curb line Sixth street, grade elevation 97.5 feet, thence south on a plane to ihe north curb line of Seventh street, grade elevation I07.9 feet, thence level to the south curb line of Seventh street, thence south on a plane to the north curb line of Broadway street, grade elevation II5.70 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 109.6 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 109 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 102. 6 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 102 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 95.2 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 94.7 feet, thence south on a plane to the north line of Twelfth street, grade elevation 91 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 92.8 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 93 feet, thence south on a plane to the north curb line of Fourteenth street, as it now runs west of Moniteau avenue, grade elevation 93.7 feet, thence south on a plane to the south curb line of aforesaid Fourteenth street grade elevation 94.3 feet, thence south on a plane to the north curb line of Fourteenth street, as it runs east of Moniteau avenue, grade elevation 98.2 feet, thence south on a plane to the south curb line of Fourteenth street as it runs east of Moniteau avenue, grade elevation 99 feet, thence south on a plane to the north curb line of Fifteenth street, as it now runs west of Moniteau avenue, grade elevation 103.6 feet, thence south on a plane to the south curb line of aforesaid Fifteenth street, grade eleva- tion 104.4 ^6St, thence south on a plane to the north curb line 234 REVISED ORDINANCES. of F'ifteenth street as it runs east of Moniteau avenue, grade ele- vation 108.4 feet, thence south on a plane to the south curb line of Fifteenth street as it runs east of Moniteau avenue, grade elevation 109. 2 feet, thence south on a plane to the north curb line of Magnolia avenue, grade elevation 112.8 feet, thence south on a plane to the south curb line of Magnolia avenue, grade elevation II3.2 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 1 16 feet, thence level to the south curb line of Sixteenth street, thence south on a plane to the north curb line of Seventeenth street, grade elevation 109. 8 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 109.2 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 104 feet, thence level to the south curb line of Eighteenth street, thence south on a plane to theM. K. & T. Ry. tracks, grade elevation 108.8 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 102.7 feet, thence level to the south curb line of Nineteenth street, thence south on a plane to the north curb line of Twentieth street, grade elevation 100 feet. Sec. 195. The grade of Kentucky avenue, between Pa- cific and Twenty-eighth streets, shall be as follows, to-wit : Commencing at the north curb line of Pacific street, grade ele- elevation 91 feet, thence level to the south curb line of Pacific street, thence south on a plane to the north Mo. Pacific Ry. tracks, grade elevation 96. 1 feet, thence south on a plane to the south line of the right of way of the Mo. Pacific Ry. Co., grade elevation 95.3 feet, thence south on a plane to the north curb line of Main street, grade elevation 94.75 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb line of Second street, grade elevation 96.60 feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Third street, grade eleva- tion 108.8 feet, thence level to the south curb line of Third street, thence south on a plane to the north cu.b line of Fourth street, grade elevation 1 10.57 feet, thence level to the south curb REVISED ORDINANCES. 235 line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 106.9 i feet, thence south on a plane to the south curb line of Fifth street, grade elevation 106.55 ieet, thence south on a plane to the north curb line of Sixth street, grade elevation 101.2 feet, thence level to the south curb line of Sixth street, thence south on a plane 130 feet to a point, grade elevation 102.78 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 106.5 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 106.8 feet, thence south on a plane 140 feet to a point, grade elevation i 10 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 116.50 feet, thence south on a plane to the south curb line of Broadway street, grade elevation 1 17. 10 feet, thence south on a level 165 feet, thence south on a plane to the north curb line of Ninth street, grade elevation 115 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 1 14.6 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 110.2 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 109.8 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 102 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 1 01. 4 feet, thence south on a plane to the north line of Twelfth street, grade elevation 97.4 feet, thence level to the south line of Twelfth street, thence south on a plane to the north curb line of Thirteenth street, grade elevation 102.7 feet, thence level to the south curb line of Thirteenth street, thence south on a plane to the north curb line of Fourteenth street, grade elevation 100 feet, thence level to the south curb line of Fourteenth street, thence south on a plane to the north curb line of Fifteenth street, grade elevation 106.7 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 107. 3 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 114.6 feet, thence level to the south curb line of Sixteenth street, thence south on a plane to the 236 REVISED ORDINANCES. north curb line of Seventeenth street, grade elevation 112 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 11 1.8 feet, thence south on a plane to the M., K. & T. Ry. tracks, grade elevation i 10.3 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 103. 4 feet, thence south on a plane to the south curb line of Eighteenth street, grade elevation 103 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 95.2 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation 94.8 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 93 feet, thei ce south on a plane to the south line of Twentieth street, grade elevation 92.8 feet, thence south on a plane 310 feet to a point, grade elevation 91 feet, thence south on a plane 40 feet to a point, grade elevation 91.4 feet, thence south on a plane 290 feet to a point, grade elevation 97.7 feet, thence south on a plane 40 feet to a point, grade elevation 98.3 feet, thence south on a plane 290 feet to a point, grade elevation 102 feet, thence south level 40 feet, thence south on a plane to the north curb line of Twenty-fourth street, grade elevation 97.6 feet, thence south on a plane to the south curb line of Twenty-fourth street, grade elevation 97.2 feet, thence south on a plane 310 feet to a point, grade elevation 86.8 feet, thence south on a plane 40 feet to a point, grade ele- vation 86 feet, thence south on a plane 290 feet to a point, grade elevation 80.6 feet, thence south on a plane 40 feet to a point, grade elevation 79.8 feet, thence south on a plane 290 feet to a point, grade elevation 74.5 feet, thence south on a plane 40 feet to a point, grade elevation 73.7 feet, thence south on a plane to the north curb line of Twenty-eighth street, grade elevation 68.4 feet. Sec. 196. The grade of Osage avenue between Clay street, and Twentieth street shall be as follows, to- wit: Com- mencing at the north curb line of Clay street, grade elevation 55.8 feet, thence level to the south curb line of Clay street, thence south on a plane to the north curb line of Henry street, REVISED ORDINANCES. 237 grade elevation 70.6 feet, thence south on a plane to the south curb line of Henry street, grade elevation 71 feet, thence south on a plane to the north curb line of Johnson street, grade elevation 80.5 feet, thence south on a plane to the south curb line of Johnson street, grade elevation 81 feet, thence south on a plane 180 feet to a point, grade elevation 84 feet, thence south on a plane to the north curb line of Morgan street, grade elevation 85 feet, thence level to the south curb line of Morgan street, thence south on a plane to the north curb line of Cooper street, grade elevation 86.2 feet, thence south on a plane to the south curb line of Cooper street, grade elevation 86.6 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 98 feet, thence south on a plane to the south curb line of Pettis street, grade elevation 98.6 feet, thence south on a plane to the north curb line of Jeffer- son street, grade elevation 99.5 feet, thence level to the south curb line of Jefferson street, thence south on a plane to the north curb line of Pacific street, grade elevation 96.3 feet, thence level 40 feet, and also comniencing at the south line of the Mo. Pacific Ry. right of way, grade elevation 98.6 feet, thence south on a plane to the north curb line of Main street, grade elevation 99.5 feet, thence level to the south curb line of Main street, thence south on a plane to the north curb lin of Second street, grade elevation 98.60 feet, thence level to the south curb line of Second street, thence south on a plane 135 feet to a point, grade elevation 99.8 feet, thence south on a plane to the north curb line of Third street, grade elevation 106.7 feet, thence south on a plane to the south curb line of Third street, grade elevation 107.6 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 112.75 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 1 1 1 feet, thence level to the south curb line of Fifth street, thence south on a plane 135 feet to a point, grade elevation 108 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 107 feet, thence south on a 238 REVISED ORDINANCES. * plane to the south curb line of Sixth street, grade elevation 106.8 feet, thence south on a plane 146)4 feet to a point, grade elevation 106 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 107.6 feet, thence south on a plane to the south curb line of Seventh street, grade eleva- tion 107.8 feet, thence south on a plane 130 feet to a point, grade elevation III feet, thence south on a plane to the north line of Broadway street, grade elevation I15.4, thence south on a plane to the south curb line of Broadway street, grade elevation II5 9 feet, thence south on a plane to the north curb line of Ninth street, grade elevation 121 feet, thence level to the south curb line of Ninth street, thence south on a plane to the north curb line of Tenth street, grade elevation I15 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 114.4 feet, thence south on a plane tothe north curb line of Eleventh street, grade elevation 106 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 105.6 feet, thence south on a plane to the north line of Twelfth street, grade elevation 104 feet, thence south level 30 feet, thence south on a plane to the north curb line of Thirt- eenth street, grade elevation no. 5 feet, thence level to the south curb line of Thirteenthstreet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 108. 7 feet, thence level to the south curb line of Fourteenth street, thence south on a plane to the north curb line of Fifteenth street, grade elevation III. 6 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation II2 feet, thence south on a plane to the north curb line of Sixteenth street grade elevation II3.I feet, thence level to the south curb line of Sixteenth street, thence south on a plane to the M., K. & T. Ry. tracks, grade elevation ill feet, thence south on a plane to the north curb line of Seventeenth street, grade eleva- tion 108.8 feet, thence south on a plane to the south curb line of Seventeenth street grade elevation 108.2 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 101.3 feet, thence south on a plane to the south REVISED ORDINANCES. 239 curb line of Eighteenth street, grade elevation 100.7 ^eet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 95.2 feet, thence south on a plane to the south curb line of Ninteenth street, grade elevation 94.8 feet, thence south on a plane to the north line of Twentieth street, grade elevation 88.2 feet. Sec. 197. The grade of Ohio avenue, between Clay street and Twenty-eighth street, shall be as follows, to-wit : Com- mencing at the north curb line of Clay street, grade elevation 58 feet, thence level to the south curb line of Clay street, thence south on a plane to the north curb line of Henry street, grade elevation 64.1 feet, thence south on a plane to the south curb line of Henry street, grade elevation 64.7 feet, thence south on a plane to the north curb line of Johnson street, grade elevation 70.9 feet, thence south on a plane to the south curtj line of Johnson street, grade elevation 71.5 feet, thence south on a plane to the north curb line of Morgan street, grade elevation "J J .'J feet, thence south on a plane to the south curb line of Mor- gan street, grade elevation 78.3 feet, thence south on a plane to the north curb line of Cooper street, grade elevation 88.6 feet, thence south on a plane to the south curb line of Cooper street, grade elevation 89 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 10 1 feet, thence south on a plane to the south curb line of Pettis street, grade eleva- tion 101.5 feet, thence south on a plane to the north curb line line of Jefferson street, grade elevation 104.4 feet, thence level to the south curb line of Jefferson street, thence south on a plane to the north curb line of Pacific street, grade elevation 10 1.6 feet, thence south on a plane to the south curb line of Pacific street, grade elevation 101.2 feet, thence south on a plane to the Missouri Pacific Ry. tracks, grade elevation 100. 2 feet, thence level to the south right of way of the Mo. Pacific Ry. Co., thence south on a plane 25 feet to a point, grade elevation 102 feet, thence south on a plane to the north curb line of Main street, grade elevation 105.85 feet, thence level to the south curb line of Main street, thence south on a plane to the north 240 REVISED ORDINANCES. curb line of Second street, grade elevation 103.2 feet, thence south on a plane to the south curb line of Second street, grade elevation 102. 7 feet, thence south on a plane 140 feet to a point, grade elevation 101.8 feet, thence south on a plane to the north curb line of Third street, grade elevation 106 feet, thence south on a plane to the south curb line of Third street, grade eleva- tion 107.2 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 113.4 feet, thence south on a plane to the south curb line of Fourth street grade elevation 1 14 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 115.45 feet, thence level to the south curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevation 113.5 feet, thence level to the south curb line of Sixth street, thence south on a plane to the north curb line of Seventh street, grade elevation 1 12.95 feet, thence level to the south curb line of Seventh street, thence south on a plane to the north curb line of Broadway street, grade elevation 1 16.4 feet, thence south on a plane to the south curb line of Broadway street, grade elevation 117 feet, thence south on a plane to the north curb line of Ninth street, grade elevation 122.4 feet, thence level to the south curb line of Ninth street, thence south on a plane to the north curb line of Tenth street, grade elevation 1 19.3 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 118.9 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 113 feet, thence south on a plane to the sou«-h curb line of Eleventh street, grade elevation 112.8 feet, thence south on a plane to the north line of Twelfth street, grade elevation 1 1 1 feet, thence south on a plane to the south line of Twelfth street, grade elevation 11 1.3 feet, thence south on a plane to the north curb line of Thirteenth street, grade eleva- tion 115 feet, thence level to the south curb line of Thirteenth street, thence south on a plane to the north curb line of Four- teenth street, grade elevation 112 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation 1 1 1.6 feet, thence south on a plane to the north curb line of REVISED ORDINANCES. 24 I Fifteenth street, grade elevation 109.5 ^eet, thence level to the south curb line of Fifteenth street, thence south on a plane to the M. K. & T. Ry. tracks, grade elevation iii.i feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 109.6 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 109 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 107.8 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 107.6 feet, thtnce south on a plane to the north curb line of Eighteenth street, grade elevation 106 feet, thence south on a plane to the south curb line of Eighteenth street, grade elevation 105.6 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 100.7 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation 100. i feet, thence south on a plane to the north line of Twentieth street, grade ele- vation 90.6 feet, thence south on a plane to the south line of Twentieth street, grade elevation 89.8 feet, thence south on a plane 310 feet to a point, grade elevation 84 feet, thence south level 40 feet, thence south on a plane 290 feet to a point, grade elevation 88.4 feet, thence south on a plane 40 feet to a point, grade elevation 89 feet, thence south on a plane 290 feet to a point, grade elevation 95.5 feet, thence south on a plane 40 feet to a point, grade elevation 95.7 feet, thence south on a plane 145 feet to a point, grade elevation 96.5 feet, thence level to the south curb line of Twenty-fourth street ; and also commencing at the south curb line of Twenty-fourth, street, grade elevation 99.3 feet, thence south on a plane 145 feet to a point, grade elevation 100 feet, thence south on a level 145 feet, thence south on a plane to the north curb line or Twenty-eighth street, grade elevation 88.4 feet. Sec. 198, The grade of Lamine avenue, between Clay street and Twentieth street, shall be as follows, to-wit : Com- mencing at the north curb line of Clay street, grade elevation 60 feet, thence south on a level 225 feet, thence south on a plane to the north curb line of Henry street, grade elevation Oy feet, 242 REVISED ORDINANCES. thence south on a plane to the south curb line of Henry street, grade elevation 6j .6 feet, thence south on a plme to the north curb line of Johnson street, grade elevation 77.8 feet, thence south on a a plane to the south curb line of Johnson street, grade elevation 78.2 feet, thence south on a plane to the north curb line of Morgan street, grade elevation 85 feet, thence south on a plane to the scuth curb line of Morgan street, grade elevation 85.6 feet, thence south on a plane 195 feet to a point, grade elevation 89 feet, thence south on a plane to the north curb line of Cooper street, grade elevation 95 feet, thence south on a plane to the south curb line of Cooper street, grade elevation 95.5 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 107 feet, thence south on a plane to the south curb line of Pettis street, grade eleva- tion 107.5 feet, thence south on a plane to the north curb line of Jefferson street, grade elevation 109.85 feet, thence level to the south curb line of Jefferson street, thence south on a plane the north curb line of St. Louis street, grade elevation 108 feet, thence south on a plane to the south curb line of St. Louis street, grade elevation 107.5 feet, thence south on a plane to the Mo. Pacific Railway tracks, grade elevation 102.9 feet, and also commencing at the south line of the Mo. Pacific Rail- way company's right of way, grade elevation 104 feet, thence south on a plane to the north curb line of Main street, grade elevation 1 10.4 feet, thence south on a plane to the south curb line of Main street, grade elevation 1 1 1 feet, thence south on a plane 125 feet to a point, grade elevation 1 10.4 feet, thence south on a plane to the north curb line of Second street, grade elevation 109 feet, thence level to the south curb line of Second street, thence south on a plane 140 feet to a point, grade eleva- tion 107.3 feet, thence south on a plane to the north curb line of Third street, grade elevation 108. 3 feet, thence level to the south curb line of Third street, thence south on a plane 130 feet to a point, grade elevation 109.2 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 11 2. 2 feet, thence south on a plane to the south curb line of Fourth J REVISED ORDINANCES. 243 street, grade elevation 113.3 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 117.4 feet, thence level to the south curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade eleva- tion 1 19.4 feet, thence level to the south curb line of Sixth street, thence south on a plane to the north curb line of Seventh street, grade elevation 117.6 feet, thence level to the south curb line of Seventh street, thence south on a plane 130 feet to a point, grade elevation 118.2 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 120.5 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 124 feet, thence level to the south curb line of Ninth street, thence south on a plane to the north curb line of Tenth street, grade elevation 12 1.8 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation 116.7 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation i 16.3 feet, thence level lO the south curb line of Thirteenth street, thence south on a plane to the north curb line of Fourteenth street, grade elevation 112 feet, thence south on a plane to the south curb line of Fourteenth street, grade eleva- tion I I 1.6 feet, thence south on a plane to the M., K. & T. Railway tracks, grade elevation 1 14 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation 105.9 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 105. i feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 100.5 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 100. i feet, thence level to the south curb line of Eighteenth street, thence south on a plane the north curb line of Nineteenth street, grade elevation 97.9 feet, thence south on a plane to the south curb line of Nineteeth street, grade elevation 97.5 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 91.9 feet. 244 REVISED ORDINANCES. Sec. 199. The grade of Massachusetts avenue, between Main street and Thirteenth street, shall be as follows, to-wit : Commencing at the north curb line of Main street grade ele- vation 1 14.9 feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Third street, grade elevation 112. 6 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth streei., grade elevation II2 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street grade elevation 118.2 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 118.4 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 123.4 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 123.6 feet, thence south on a plane to the north curb linfe of Seventh street, grade elevation 124.3 i^^^, thence level to the south curb line of Seventh street, thence south on a plane to the north curb line of Broadway street, grade elevation 1254 feet, thence level to the south curb line of Broadway street, thence south on a plane 165 feet to a point, grade eleva- tion 127 feet, thence level to the north curb line of Ninth street, thence south on a plane to the south curb line of Ninth street, grade elevation 126.4 ^^et. thence south on a plane to the north curb line of Tenth street, grade elevation 123.2 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 123 feet, ihence south on a plane to the north curb line of Eleventh street, grade elevation 12 1.2 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 121 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 117.4 feet. Sec. 200. The grade of Washington avenue between Clay street and Twenty-eighth street shall be as follows, to-wit: Commencing at the north curb line of Clay street, grade eleva- tion 80.5 feet, thence south on a plane to the south curb line of Clay street, grade elevation 80 feet, thence south on a plane to the north curb line of Henry street, grade elevation 66.7 feet. REVISED ORDINANCES, 245 thence level to the south curb line of Henry street thence south on a plane 185 feet to a point, grade elevation 68 feet, thence south on a plane to the north curb line of Johnson street, grade elevation 73.5 feet, thence south on a plane to the south curb line of Johnson street, grade elevation 74 feet thence south on a plane to the north curb line of Morgan street, grade eleva- tion 81.4 feet, thence south on a plane to the south curb line of Morgan street, grade elevation 82 feet, thence south on a plane to the north curb line of Cooper street, grade elevation 94.5 feet, thence south on a plane to the south curb line of Cooper street, grade elevation 95.1 feet, thence south on a plane to the north curb line of Pettis street, grade elevation 107 feet, thence south on a plane to the south curb line of Pettis street, grade elevation 107.5 feet, thence south on a plane to the north curb line of Jefferson street, grade elevation II2.6 feet, thence level to the south curb line of Jefferson street, thence south on a plane to the north curb line of St. Louis street, grade eleva- tion III. 8 feet, thence south on a plane to the south curb line of St. Louis street, grade elevation. III. 4 feet, thence south on a plane to the Misssouri Pacific Ry. tracks, grade elevation 107.7 thence south level 50 feet, thence south on a plane to the north curb line of Main street, grade elevation Il6 feet, thence south on a plane to the south curb line of Main street, grade elevation Il8 feet, thence south on a plane to the north curb line of Second street, grade elevation II9.80 feet, thence south level to the south curb line of Second street, thence south on a plane to the north curb line of Third street, grade elevation 118. 3 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation I17 5 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 120. 4 feet, thence south on plane to the south curb line of Fifth street, grade elevation 120.8 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 12 5. 3 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 246 REVISED ORDINANCES. 125.7 ^eet, thence south on a plane to the north curb line of Seventh street, grade elevation 127 feet, thence level to the south curb line of Seventh street, thence south on a plane to the north curb line of Broadway street, grade elevation 126.3 ^^6t, thence level to the south curb line of Broadway street, thence south on a plane 305 feet to a point, grade ele- vation 125.6 feet, thence south on a plane 40 feet to a point, grade elevation 125.4 ^^et, thence south on a plane to the north curb line of Tenth street, grade elevation 123. i feet, thence south on a plane to the south curb line of Tenth street, grade elevation 122.9 ^^et, thence south on a plane 90 feet to a point, grade elevation 122.6 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 12 1.2 feet, thence south on plane to the south curb line of Eleventh street, grade elevation 121 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 120. i thence south on a plane to the south curb line of Twelfth street, grade elevation 119.9 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 117.6 feet, thence south on a plane to the south curb line of Thir- teenth street, grade elevation 117.4 feet, thence south on a plane to the north curb line of Fourteenth street, grade ele- vation 115. 4 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation II5 feet, thence south on a plane to the north curb line of Fifteenth street, grade ele- vation no. 7 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation lio.l feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 103. 6 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 103 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 97.4 feet, thence south on a plane to the south curb line of Seventeenth street grade elevation 96.6 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 90.3 feet, thence south on a plane to the south curb line of Eighteenth street grade elevation 89.7 REVISED ORDINANCES. 247 feet, thence south on a plane 290 feet to a point, grade elevation 85 feet, thence south level 40 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 88 feet, thence south level 40 feet, thence south on a plane 290 feet to a point, grade elevation 86.6 feet, thence south on a plane 40 feet to a point, grade elevation 86.4 feet, thence south on a plane 290 feet to a point, grade elevation 82.6 feet, thence south on a plane 40 feet to a point, grade elevation 82 feet, thence south on a plane 290 feet to a point, grade elevation 75 feet, thence south on a plane 40 feet to a point, grade elevation 74.6 seet, thence south on a plane to the north curb line of Twenty-fourth street, grade elevation 70 feet, thence south on a level 40 feet, thence south on a plane 950 feet to a point, grade elevation 65.5 feet, thence south level 40 feet, thence south on a plane to the north curb line of Twenty-eighth street, grade elevation 66.5 feet. Sec. 201. The grade of Lafayette avenue, between Third street, and Seventeenth street, shall be as follows, to-wit: Com- mencing at the south curb line of Third street, grade elevation 116. 6 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 117.4 feet, thence south on a plane to the south curb line of Fourth street, grade elevation 117. 6 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 120.45 feet, thence level to the south curb line of Fifth street, thence soutn on a plane to the north curb line of Sixth street, grade elevation 123 feet, thence level to the south curb line of Sixth street, thence south on a plane to the north curb line of Seventh street, grade elevation 121. 7 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 121.5 feet, thence level to the north curb line of Broadway stre°t, and also commencing at the north curb line of Tenth street, grade elevation 120 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation 117 feet, thence south on a plane to the south curb line of 248 REVISED ORDINANCES. Eleventh street, grade elevation 116.4 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation I 1 5 feet, thence south on a plane t'o the south curb line of Twelfth street, grade elevation 114.6 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 112. 4 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 112 2 feet, thence south on a plane to the north curb line of Fourteenth street, grade eleva- tion no feet, thence south on a plane to the south curb line of Fourteeth street, grade elevation 109.6 feet, thence south on a plane to the north curb line of Fifteenth street grade elevation 104.2 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 103.8 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 98.6 feet, thence south on a plane to the south curb line of Six- teenth street, grade elevation 98.2 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 94.2 feet. Sec. 202. The grade of Mill street, between Pettis street and Third street, shall be as follows, to-wit : Commencing at the north curb line of Pettis street, grade elevation 100 feet, thence south on a plane to the south curb line of Pettis street, grade elevation 100.5 ^eet, thence south on a plane to the north curb line of St. Louis street, grade elevation 102.2 feet, thence south on a plane to the south line of St. Louis street, grade elevation 102.6 feet, thence south on a plane to the Mo. Pacific Ry. tracks, grade elevation 107.6 feet, and also commencing at the south curb line of Main street, grade elevation 109.5 ^eet, thence south on a plane 190 feet to a point, grade elevation 109. feet, thence south on a plane to the north curb line of Second street, grade elevation iio feet, thence level to the south curb line of Second street, thence south on a plane to the north curb line of Third street, grade elevation 1 11.75 ^eet. Sec. 203. The grade of Ingram avenue, between Broad- way street and Twenty-eighth street shall be as follows, to-wit: REVISED ORDINANCES. 249 Commencing at the north curb h'ne of Broadway street, grade elevation III.2 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 112.9 ^^et, thence south on a plane to the south curb line of Ninth street, grade elevation I 13. 1 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 116.8 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 1 17.2 feet, thence south level 130 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 115.2 feet thence south on a plane to the south curb line of Eleventh street, grade elevation 114.8 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 112.6 feet, thence south on a plane to the south curb line of Twelfth street, grade elevation 112.2 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 107.4 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 107 feet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 103. 2 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation 102.8 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation 101.6 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 101.4 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 100.2 feet, thence level to the south curb line of Sixteenth street, thence south on a plane to the north curb line of Seventeenth street, grade elevation 101.9 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 102. i feet, thence south on a plane to the north curb line of Eight- eenth street, grade elevation 103. 9 feet, thence south on a plane to the south curb line of Eighteenth street, grade eleva- tion 104. 1 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 107. 2 feet, thence level to the south curb line of Nineteenth street, thence level I45 feet, thence south on a plane to the north curb line of Twentieth 2 50 REVISED ORDINANCES. Street, grade elevation 105.2 feet, thence south on a plane to the south curb line of Twentieth street, grade elevation 104. 8 feet, thence south on a plane 290 feet to a point, grade elevation 96.6 feet, thence south on a plane 40 feet to a point, grade ele- vation 96 feet, thence south on a plane 290 feet to a point, grade elevation 91 feet, thence south level 40 feet, thence south on a plane 290 feet to a point, grade elevation 92.5 feet, thence south level 40 feet, thence south on a plane to the north curb line of Twenty-fourth street, grade elevation 88.3 feet, thence south on a plane to the south curb line of Twenty-fourth street, grade elevation 87.7 feet, thence south on a plane 290 feet to a point, grade elevation 85 feet, thence ^outh level 40 feet, thence south on a plane to the north curb line of Twenty- eighth street, grade elevation 78.1 feet. Sec. 204. The grade of Thomson street, between Third street and Nineteenth street, shall be as follows, to wit: Com- mencing at the south curb line of Third street, grade elevation 1 10.3 feet, thence south on a plane to the north curb line of F'ourth street, grade elevation i i 1 . i feet, thence south on a plane to the south curb line of Fourth street, grade elevation I II. 5 feet, thence south on a plane to the north curb line of Fifth street, grade elevation 115.8 feet, and also commencing at the north curb line of Broadway street, grade elevation 104 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 105 4 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 105.6 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 1 10.7 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade elevation 109. 4 feet, thence level to the south curb line of Eleventh street, thence south on a plane to the north curb line of Twelfth street, grade elevation 11 1.2 feet, thence level to the south curb line of Twelfth street, and also commencing at the south curb line of Thirteenth street, grade elevation 112.7 feet, thence south on a plane to the north curb line of Fourteenth REVISED ORDINANCES. 251 Street, grade elevation i lO feet, thence level to the sou h curb line of Fourteenth street, thence south on a plane to the north curb line of Fifteenth street, grade elevation ill. 5 feet, thence level to the south curb line of Fifteenth street, and also com- mencing at the south curb line of Sixteenth street, grade eleva- tion 109.5 ^eet, thence level to the north curb line of Seventeenth street, and also commencing at the south curb line of Eight- eenth street, grade elevation 107. 9 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 106.7 ^eet. Sec. 205 The grade of the street running north and south, between Thomson avenue and Hancock avenue, and Thirteenth street and Nineteenth street, shall be as follows, to- wit : Commencing at the south curb line of Thirteenth street, grade elevation 109 feet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 113 feet, thence level to the south curb line of Fourteenth street, thence south on a plane to the north curb line of Fifteenth street, grade ele- vation II0.3 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 109. 7 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 103.2 feet, thence south on a plane to the south curb line of Six- teenth street, grade elevation 102.8 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 98 feet, and also commmencing at the south curb line of Eight- eenth street, grade elevation 98 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 96 feet. Sec. 206. The grade of Hancock avenue, between Third street and Nineteenth street, shall be as follows, to wit: Com- mencing at the south curb hne of Third street, grade elevat on 117 feet, thence ^outh on a plane to the north curb line ot Fourth street, grade elevation II8.4 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation II7 feet, thence level to the south curb line of Fifth street, thence south on a plane 276 I-2 feet to a point, grade elevation 113.2 feet, thence 252 REVISED ORDINANCES. soutli on a plane 40 feet lo a poini, grade elevation II2.8 feet, thence south on a plane 12 5 feet to a point, grade elevation III. 8 feet, thence south on a plane 40 feet to a point, grade elevation III. 4 feet, tl ence south on a plane 275 feet to a point, grade elevation 107. 6 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 102.80 feet, thence south on a plane to the south curb line of Broadway street, grade elevation 102.2 feet, thence south on a plane to the north curb line of Ninth street, grade elevation 91. 7 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 91.3 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 92.6 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 93.2 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 96.4 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 96.8 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 99.8 feet, thence south on a plane to the south curb line of Twelfth street, grade elevation 100.2 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 113.3 feet, thence level to the south curb line of Thirteenth street, and also commencing at the south curb line of Fourteenth street, grade elevation 107.9 feet, thence south level 150 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation 107 feet, thence south on a plane to the south curb line of Fifteenth street, grade elevation 106.6 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 97.2 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 96.8 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 87.4 feet, and also commencing at the south curb line of Eighteenth street, grade elevation 87 feet, thence level to the north curb line of Nine- teenth street. Sec 207. The grade of Marvin street, between Third and Twentieth streets, shall be as follows, to-wit: Commenc- REVISED ORDINANCES. 2 53 ing at the north curb line of Third street, grade elevation 115 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation i [6.4 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 114.5 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 1 14. 3 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 107.5 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 107.3 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 105.2 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 104.8 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 102. 7 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 97.3 feet, thence south on a plane to the south curb line of Ninth street, grade eleva- tion 96.7 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 89.4 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 88.6 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 83 feet, thence level to the south curb line of Eleventh street, thence south on a plane to the north curb line of Twelfth street, grade elevation 86.8 feet, thence south on a plane to the south curb line of Twelfth street, grade elevation 87.2 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 93.8 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 94.2 feet, thence south on a plane to the north curb line of F'our- teenth street, grade elevation 99.5 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation 99.7 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation 105 feet, thence level to the south curb line of Fifteenth street, thence south on a plane to the north curb line of Sixteenth street, grade elevation 99.3 feet, thence 2 54 REVISED ORDINANCES. south on a plane to the south curb line of Sixteenth street, grade elevation 98.7 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 89.5 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 88.9 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 79.4 feet, thence south on a plane to the south curb line of Eighteenth street, grade elevation 78.6 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 76.2 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation 75.8 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 72.7 feet. Sec. 208. The grade of Montgomery street, between Third street and Twentieth street, shall be as follows, to-wit : Commencing at the north curb line of Third street, grade ele- vation 116.80 feet, thence level to the south curb line of Third street, thence south on a plane to the north curb line of Fourth street, grade elevation 118 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 1 17.2 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 117 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 108.9 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 108.3 ^eet, thence south on a plane to the north curb line of Seventh street, grade elevation 99.8 feet, .hence south on a plane to the south curb line of Seventh street, grade elevation 99.2 feet, thence south on a plane 135 feet to a point, grade elevation 96 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 94 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 89.9 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 89.5 feet, thence south on a plane to the north curb line of Tenih street, grade elevation 87.5 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 87.3 feet, thence south REVISED ORDINANCES. 255 on a plane to the north curb line of Eleventh street, grade ele- vation 80.6 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 80.4 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 79 feet, thence level to the south curb line of Twelfth street, thence ?outh on a plane to the north curb line of Thirteenth street, grade elevation 85.2 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 85.6 feet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 92.3 feet, thence south on a plane to the south curb line of Fourteenth street, grade elevation 92.7 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation 98 feet, thence level to the south curb line of Fifteenth street, thence south level 145 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 97 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 96.4 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 88.6 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 88 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 80.8 feet, thence south o.i a plane to the south curb line of Eighteenth street, grade elevation 80.2 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 74.6 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation 74 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 68.4 feet. Sec. 209. The grade of Brown street between Third street and Twentieth street, shall be as follows, to-wit : Com- mencing at the south curb line of fhird street, grade elevation I 1 8. 1 feet, thence south on a plane to the north curb line of F'ourth street, grade elevation 119.5 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, grade elevation 117.4 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 117 feet, thence south on a plane to the north 256 REVISED ORDINANCES. curb line of Sixth street, grade elevation io8 9 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 108.3 ^^^t, thence south on a plane to the north curb line of Seventh street, grade elevation 99.3 feet, thence south on a plane to the south curb line of Seventh street, grade ele- vation 98.7 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 93 feet, thence level to the south curb line of Broadway street, and also com- mencing at the north curb line of Twelfth street, grade elevation 75.6 feet, thence level to the south curb line of Twelfth street, thence south on a plane to the north curb line of Thirteenth street, grade elevation 77.3 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation TT .'J feet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 81 feet, thence south on a plane to the south curb line of Four- teenth street, grade elevation 81. 6 feet, thence south on a plane to the north curb line of Fifteenth treet, grade elevation 87.3 feet, thence^ south on a plane to the south curb line of Fif- teenth street, grade elevation 87.7 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 93.2 feet, thence level to the south curb line of Sixteenth street, thence south level 150 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation go. 2 feet, thence south on a plane to the south curb line of Seventeenth street, grade elevation 89.8 feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 83 feet, thence south on a plane to the south curb line of Eighteenth street, grade elevation 82.6 feet, thence south on a plane to the north curb line of Nineteenth street, grade elevation 76.3 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation 75.7 feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 67.3 feet. Sec. 210. The grade of Summit street between Third street and Twentieth street, shall be as follows, to-wit: Com- mencing at the south curb line of Third street, grade elevation REVISED ORDINANCES. 2 5/ 1 16.3 feet, thence south on a plane to the north curb h'nc of Fourth street, grade elevation 114.7 feet, thence level to the south curb line of Fourth street, thence south on a plane to the noith curb line of Fifth street, grade elevation 115.5 feet, thence level to the ,outh curb line of Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevation 1 1 1.7 feet, thence south on a plane to the south curb line of Sixth street, grade elevation i 1 1.3 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 106.9 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 106.5 'eet, thence south on a plane to the North curb line of Broadway street, grade elevation 102.7 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 96.3 feet, thence south on a plane to the south curb line of Ninth street grade elevation 95.7 feet, thence south on a plane to the north curb line of Tenth street, grade eleva- ation 91.7 feet; thence south on a plane to the south curb line of Tenth street, grade elevation 91.4 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 83.1 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 82.7 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 78.9 feet, thence south on a plane to the south curb line of Twelfth street, grade elevation 78.3 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 72.2 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 71.8 feet, thence south on a plane 145 feet to a point, grade elevation 71 feet, thence level to the south curb line of Fourteenth street, thence south on a plane to the north curb line of Fifteenth street, grade elevation 76.7 feet, thence south on a plane to the south curb line of 1 if- teenth street, grade elevation TT .1 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 82.8 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 83.2 feet, thence south on a plane to the 2 58 REVISED ORDINANCES. north curb line of Seventeenth street, gra'^^ e elevation 87.7 feet, thence level to the south curb line of Seventeenth street, thence south on a p.ane to the north curb line of Eighteenth street, grade elevation 86.3 feet, thence south on a plane to the south curb line of Eighteenth street, grade elevation 85.7 feet, thence south on a plane to the north curb line of Nineteenth street, g.ade elevation 78.3 feet, thence south on a plane to the south curb line of Nineteenth street, grade elevation ']'].'] feet, thence south on a plane to the north curb line of Twentieth street, grade elevation 69.7 feet. Sec. 211. The grade of Engineer street, between Tower avenue and Twenety-fourth street, shall be as follows, to-wit: Commencing at the north curb line of Tower avenue, grade ele- vation III. 8 feet, thence south on a plane to the south curb line of Tower avenue, grade elevation III. 2 feet, thence south on a plane to the north curb line of Jackson avenue, grade elevation 103.5 feet, thence south on a plane to the south curb line of Jackson avenue, grade elevation 103. 1 feet, thence south on a plane to the north curb line of Walnut stree;', grade ele- vation 100.2 feet, whence south on a plane to the south curb line of Walnut street, grade elevation 99.8 feet, thence south on a plane to the north curb line of Chestnut street, grade elevation 96.9 feet, thence south on a plane to the south curb line of Chestnut street, grade elevation 96.5 feet, thence south on a plane 150 feet to a point, grade elevation 95 feet, thence south on a plane to the north curb line of Boonville street, grade elevation 98 feet, thence south on a plane to the south curb line of Boonville street, grade elevation 98.5 feet, thence south on a plane to the north curb line of Saline street, grade elevation 105. 4 feet, thence south on a plane to the south curb line of Saline street, grade elevation 106 feet, thence south on a plane to the north curb line of Howard street, grade eleva- tion 115.72 feet, thence level to the south curb line of Howard street; and also commencing at the M., K. & T. Ry. tracks, grade elevation 115.1 feet, thence south on a plane to the north curb line of Third street, grade elevation 113. 7 feet, thence REVISED ORDINANCES. 2 59 south on a plane to the south curb Hne of Third street, grade elevation II3.5 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 109 feet, thence south on a plane to the south curb line of Fourth street, grade elevation 108.6 feet, thence level to the north curb line of Sixth street, thence south on a plane tc the south curb line of Sixth street, grade elevation 108.4 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 106.9 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 106.7 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 108 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 104 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 103 6 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 99.2, thence south on a plane to the south curb line of Tenth street, grade elevation 98.8 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 89.2 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 88.8 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 84.5 feet, thence south on a plane to the south curb line of Twelfth street, grade eleva- tion 83.9 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 76.4 feet, thence south on a plane to the south curb line of Thirteenth street, grade eleva- tion ^6 feet, thence south on a plane to the north curb line of F"ourteenth street, grade elevation 69 feet, thence south on plane to the south curb line of Fourteenth street, grade eleva- tion 68.8 feet, thence south on a plane to the north curb line of Fifteenth street, grade elevation ^"J feet, thence level to the south curb line of Fifteenth street, thence south on a plane to the north curb line of Sixteenth street, grade elevation 71.4 feet, thence south on a plane to the south curb line of Sixteenth street, grade elevation 72 feet, thence south on a plane to the north curb line of Seventeenth street, grade elevation 76.4 feet. 260 REVISED ORDINANCES. thence south on a plane to the south curb line of Seventeenth street, grade elevation ']'] feet, thence south on a plane to the north curb line of Eighteenth street, grade elevation 81.4 feet, thence south on a plane to the south curb line of Eight- eenth street, grade elevation 82 feet, thence south level 150 feet, thence south on a plane to the north curb line of Nine- teenth street, grade elevation 80.3 feet, thence south on a plane to the south curb line of Nineteenth street, grade eleva- tion 79.7 feet, thence south on a plane to north curb line of Twentieth street, grade elevation 72.3 feet, thence south on a plane to the south curb line of Twentieth street, grade elevation 71.7 feet, thence south on a plane 620 feet to a point, grade elevation 57 feet, thence south on a plane 190 feet, grade ele- vation 55 feet, thence south on a plane 320 feet to a point, grade elevation 69 feet, thence south on a plane to the north curb line of Twenty-fourth street, grade elevation 69.80 feet. Sec. 212. The grade of Wagner street, between Third street and Fourteenth street, shall be as follows, to-wit : Com- mencing at the north curb line of I'hird street, grade elevation I 1 1.8 feet, thence south on a pla'^^e to the south curb line of Third street, grade elevation 1 1 1.2 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 106.5 feet, thence south on a plane to the south curb line of Fourth street, grade elevation 105.9 ^eet, thence south on a plane to the north curb line of Fifth street, grade elevation 100.4 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 100 feet, thence south on a plane to the north curb line of Sixth street, grade elevation 98.2 feet, thence south on a plane to the south curb line of Sixth street, grade elevation 98 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 96.1 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 95.7 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 94 feet, thence south level to the north curb line of Eleventh street, thence south on a plane to the south curb line of Eleventh street, grade elevation 93.6 REVISED ORDINANCES. 26 I feet, thence south on a plane to the north curb Hne of Twelfth street, grade elevation 90.3 feet, thence south on a plane to the south curb line of Twelfth street, grade elevation 89.7 feet, thence south on a plane to the north curb line of Thirteenth street, grade elevation 83.6 feet, thence south on a plane to the south curb line of Thirteenth street, grade elevation 83 feet, thence south on a plane to the north curb line of Fourteenth street, grade elevation 73.50 feet. Sec. 213. The grade of Hurley street, between Saline street and Howard street, shall be as follows, to-wit : Commenc- ing at the north curb line of Saline street, grade elevation 108.4 ieet, thence south on a plane to the south curb line of Sa- line street, grade elevation 108. 8 feet, thence south on a plane to the north curb line of Howard street, grade elevation 1 16.4 feet, thence level to the south curb line of Howard street. Sec. 214. The grade of Hill street, between Tower avenue and Howard street, shall be as follows, to-wit: Commencing at the north curb line of Tower avenue, grade elevation 118.8 feet, thence level to the south curb line of Tower avenue, thence south on a plane to the north curb line of Jackson street, grade elevation 115 feet, thence level to the north curb line of Walnut street, thence south on a plane to the south curb line of Walnut street, grade elevation 1 14.4 feet, thence south on a plane to the north curb line of Chestnut street, grade elevation 105. 3 feet, thence south on a plane to the south curb line of Chestnut street, grade elevation 104.7 feet, thence south on a plane 145 feet to a point, grade elevation 102 feet, thence south on a plane to the north curb line of Boonville street, grade elevation 103. 3 feet, thence south on a plane to the south curb line of Boonville street, grade elevation 104 feet, thence south on a plane to the north curb line of Saline street, grade elevation 1 1 1 feet, thence south on a plane to the south curb line of Saline street, grade elevation 1 1 1.6 feet, thence south on a plane to the north curb line of Howard street, grade elevation I17.8 feet, thence level to the south curb line of Howard street. 262 REVISED ORDINANCES. Sec. 215. The grade of Center street, between Third street and Twelfth street, shall be as follows, to-wit : Commenc- ing at the north curb line of Third street, grade elevation 106.3 feet, thence south on a plane to the south curb line of Third street, grade elevation 105.7 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 101.3 feet, thence south on a plane to the south curb line of Fourth street, grade elevation 100.7 ^^^t, thence south on a plane to the north curb line of P'ifth street, as it now runs east of Center street, grade elevation 99.2 feet, thence south on a plane to the south curb line of Fifth street, as it runs west of Center street, grade elevation 95.4 feet, thence south on a plane to the north curb line of Sixth street, as it runs west of Center street, grade ele- vation 91 .6 feet, thence south on a plane to the south curb line of aforesaid Sixth street, grade elevation 91 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 87. i feet, thence south on a plane to the south curb line of Seventh street, grade elevation 86.5 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 84.8 feet, thence south on a plane to the south curb line of Broadway street, grade elevation 84.6 feet, thence south on a plane to the north curb line of Ninth street, grade elevation 93 feet, thence level to the south curb line of Tenth street, thence south on a plane to the north curb line of Eleventh street, grade ele- vation 85.6 feet, thence south on a plane to the sou«-h curb line of Eleventh street, grade elevation 86 feet, thence level to the north curb line of Twelfth street. Sec. 216. The grade of Randolph street, between Saline street and Howard street, shall be as follows, to-wit: Com- mencing at the north curb line of Saline street, grade elevation 1 14 feet, thence level .to the south curb line of Saline street, thence south on a plane to the north curb line of Howard street, grade elevation 119.3 feet, thence level to the south curb line of Howard street. Sec. 217. The grade of Porter street, between a point io6>4 feet north of the north line of Seventh street and REVISED ORDINANCES. 263 Twelfth Street, shall be as follows, to-vvit : Commencing at a point 106)4 feet north of the north line of Seventh street, grade elevation 98 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 95.4 feet, thence south on a plane to the south curb line of Seventh street, grade eleva- tion 95 feet, thence south on a plane to the north curb line of Broadway street, grade elevation 88.5 feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 82.3 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 81.7 feet, thence south on a plane to the north curb line of Tenth street, grade elevation 77.2 feet, thence south on a plane to the south curb line of Tenth street grade elevation 76.8 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation yy feet, thence level to the north curb line of Twelfth street. Sec. 218. The grade of New York avenue, between Tower avenue and Twenty-fourth street, shall be as follows, to-wit : Commencing at the north curb line of Tower avenue, grade elevation 128 feet, thence south on a plane to the south curb line of Tower avenue, grade elevation 127.7 feet, thence south on a plane to the north curb line of Jackson avenue, grade elevation 122.4 ^^et, thence south on a plane to the south curb line of Jackson avenue, grade elevation 122 feet, thence south on a plane to the north curb line of Walnut street, grade elevation 1 20. 1 feet, thence south on a plane to the south curb line of Walnut street, grade elevation 119. 7 feet, thence south on a plane to the north curb line of Chestnut street, grade elevation 1 17.8 feet, thence south on a plane to the south curb line of Chestnut street, grade elevation 1 17.4 feet, thence south on a plane to the north curb line of Boonville street, grade elevation 116.2 feet, thence level to the south curb line of Boonville street, thence south on a plane to the north curb line of Saline street, grade elevation 122 feet, thence level to the south curb line of Howard street, and also commencing at the south cuib line of Third street, grade elevation lo8 feet, thence south on a plane 264 REVISED ORDINANCES. to the north curb line of Fourth street, grade elevation lio feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of Fifth street, as it runs west of New York avenue, grade elevation 107. 8 feet, thence level to the south curb line of aforesaid Fifth street, thence south on a plane to the north curb line of Sixth street, grade elevition I09.5 feet, thence level to the south curb line of Sixth street, thence south level I45 feet, thence south on a plane 180 feet to a point, grade elevation 107. 4 feet, thence south on a plane to the north curb line of Seventh street, grade elevation 105.6 feet, thence south on a plane to the south curb line of Seventh street, grade elevation 105. 2 feet, thence south on a plane to the north curb line of Broadvv^ay street, grade ele- vation loi feet, thence level to the south curb line of Broadway street, thence south on a plane to the north curb line of Ninth street, grade elevation 93 feet, thence south on a plane to the south curb line of Ninth street, grade elevation 92.4 feet, thence south on a plane to the north curb line of Tenth street grade elevation 95 feet, thence south on a plane to the south curb line of Tenth street, grade elevation 84.6 feet, thence south on a plane to the north curb line of Eleventh street, grade elevation 77.2 feet, thence south on a plane to the south curb line of Eleventh street, grade elevation 76.8 feet, thence south on a plane to the north curb line of Twelfth street, grade elevation 73.7 feet, thence south on a plane to the south line of Twelfth street, grade elevation 72.7 feet, thence south on a plane 310 feet to a point, grade elevation 68.6 feet, thence south on a plane, 330 feet to a point, grade elevation 64 feet, thence south on a plane 330 leet to a point, grade elevation 61.5 feet, thence south level 40 feet, thence south on a plane to the north curb line of Sixteenth street, grade elevation 63.4 feet, thence south on a plane to the south curb line of Sixteenth street, grade ele- vation 63.6 feet, thence south on a plane 290 feet to a point, grade elevation 65 feet, thence south level 370 feet, thence south on a plane 290 feet to a point, grade elevation 63.6 feet, thence south on a plane 40 feet to a point, grade elevation 63 feet. REVISED ORDINANCES. 265 thence south on a plane 290 feet to a point, grade elevation 56.8 feet, thence south on a plane 40 feet to a point, grade ele- vation 56.2, thence south on a plane 330 feet to a point, grade elevation 51 feet, thence south on a plane 290 feet to a point, grade elevation 48 feet, thence south on a plane 330 feet to a point, grade elevation 46 feet, thence south on a plane to the north curb line of Twenty-fourth street, grade elevation 41.8 feet, thence south on a plane to the south curb line of Twenty- fourth street, grade elevation 41.2 feet. Sec. 2ig. The grade of Western avenue, between Tower avenue, and Walnut street shall be as follows, to-wit : Commencing at the north curb line of Tower avenue, grade elevation 129.5 ^^et, thence level to the south curb line of Tower avenue, thence south on a plane to the north curb line of Jackson street, grade elevation 127 feet, thence south on a plane to the south curb line of Jackson street grade elevation 126.6 feet, thence south on a plane to the north curb line of Walnut street, grade elevation 124 feet, thence south on a plane to the south curb line of Walnut street, grade elevation 123.6 feet. Sec. 220. The grade ,of Emmet street, between Tower avenue and a point 1 20 feet south of the south line of Fifth street, shall be as follows, to-wit: Commencing at the north curb line of Tower avenue, grade elevation 128.2 feet, thence level to the south curb line of Tower avenue, thence sorth on a plane to the north curb line of Jackson street, grade elevation 129 feet, thence level to the south curb line of Jackson street, thence south on a plane to the north curb line of Walnut street, grade elevation 12 5.1 feet, thence south on a plane to the south curb line of Walnut street, grade elevation 124.5 feet, thence south on a plane to the north curb line of Chestnut street, grade elevation 120. 5 feet, thence south on a plane to the north curb line of Boonville street, grade elevation 121.30 feet, thence level to the south curb line of Boonville street, thence south on a plane to the north curb line of Saline street, grade elevation 120.5 feet, thence level to the south curb line of Saline 266 REVISED ORDINANCES. Street, thence south on a plane to the north curb hne of How- ard street, grade elevation 117. 2 feet, thence south on a plane to the south curb line of Howard street, grade elevation II 5. 8 feet tiience south on a plane 170 feet to a point, grade elevation 115.8 feet, thence south on a plane to the north curb line of Harvey street, grade elevation II6.6 feet, thence south on a plane to the south curb line of Harvey street, grade elevation 116.8 feet, thence south on a plane to the M., K. & T. Ry. tracks, grade elevation 118 feet, and also commencing 120 feet north of the porth line of Fourth street, grade elevation 118. 8 feet, thence south on a plane to the north curb line of Fourth street, grade elevation 119. 6 feet, thence level to the south curb line of Fourth street, thence south on a plane to the north curb line of F"ifth street, grade elevation II8.2 feet, thence south on a plane to the south curb line of Fifth street, grade elevation 118 fctt, thence south on a plane 120 feet to a point, grade eleva- tion 115 feet. Sec. 221. The grade of Eastern avenue, between Jackson street and Walnut street, shall be as follows, to-wit : Com- mencing at the north curb line of Jackson street, grade elevation 126.4 f^st, thence south on a plane to the south curb line of Jackson street, grade elevation 126 feet, thence south on a plane to the north curb line of Walnut street, grade elevation 122.8 feet, thence south on a plane to the south curb line of Walnut street, grade elevation 122.3 ^^et. Sec. 222 The grade of Depp avenue, between Tower avenue and Linn street, shall be as follows, to-wit: Commenc- ing at the north curb line of Tower avenue, grade elevation 120 feet, thence level to the south curb line of Tower avenue, thence south on a plane to the north curb line of Jackson street, grade elevation 123.5 feet, thence level to the south curb Hne of Jack- son street, thence south on a plane to the north curb line of Walnut street, grade elevation 120.7 feet, thence south on a plane to the south curb line of Walnut street, grade elevation 120.3 feet, thence south on a plane to the north curb line of Chestnut street, grade elevation 116.3 feet, thence south on a REVISED ORDINANCES. 267 plane to the south curb Ijne of Chestnut street, grade elevation I 15.7 feet, thence south on a plane to the north curb line of Boonville street, grade elevation 109. 5 feet, thence level to the south curb line of Boonville street, then:e south on a plane to the north curb line of Saline street, grade elevation i i 1.3 feet, thence level to the south curb line of Saline street, thence south on a plane to the north curb line of Howard street, grade ele- vation 107.5 feet, thence level to the south curb line of Hov/ard street, thence south on a plane to the north curb line of Harvey street, grade elevation 113.7 feet, thence south on a plane to the south curb line of Harvey street, grade elevation II4.3 feet, thence south on a plane to the M., K. & T. Ry. tracks, grade elevation 115. 3 feet, thence south on a plane to the north curb line of Linn street, grade elevation I17 feet. Sec. 223. The grade of Heard avenue, between Tower avenue and Linn street shall be as follows, to-wit: Commenc- ing at the north curb line of Tower avenue, grade elevation I 17.7 feet, thence south on a plane to the south curb line of Tower avenue grade elevation 118.3 feet, thence south on a plane to the north curb line of Jackson street, grade elevation I 19.9 feet, thence south on a plane to the south curb line of Jackson street, grade elevation 120. i feet, thence south on a plane to the north curb line of Walnut street, grade elevation 1 2 1. 5 feet, thence level to the south curb line of Walnut street, thence south on a plane to the north curb line of Chestnut street, grade elevation 1 18.4 feet, thence south on a plane to the south curb line of Chestnut street, grade elevation ii8 feet, thence south on a plane to the north curb line of Boonville street, grade elevation i i i feet, thence south on a plane to the south curb line of Boonville street, grade elevation i 10.6 feet, also commencing at the north curb line Boonville street, grade elevation 1 12.2 feet, thence south on a plane to the south curb line of Boonville street, grade elevation 11 1.8 feet, thence south on a plane to the north curb line of Saline street, grade elevation 102.6 feet, thence south on a plane to the south curb line of Saline steet, grade elevation io2. feet, thence south level 26S REVISED ORDINANCES. 2IO feet, thence south on a plane to M. K. & T. Ry. tracks, grade elevation 109.5 ^^et, thence south on a plane to the north curb line of Harvey street, grade elevation 109 feet, thence level to the south curb line of Linn street. CHAPTER 13. HEALTH DEPARTMENT. .■\RTICLE I.— Board of Health. ARTICLE n. — Nuisances. ARTICLE III. — Prevention of Spread of Contagious Diseases. ARTICLE IV.— Vital Statistics. ARTICLE v.— Quarantine Regulations. ARTICLE L BOARD OF HEALTH. Spxtion. [ Section. 224. Who constitutes, how appoint i 227. Board of Health, Duties of. ed, compensation of. 225. Secretary of, to be appointed by Mayor. 226. Secretary, duties of 228. May enter cellars, tenements, etc., in the discharge of their duties. Section 224. There is hereby constituted and established for the city of Sedalia, a board of health to consist of the mayor of said city, who shall be ex-oflicio president thereof, and two practicing physicians, who shall be appointed by the mayor and confirmed by the council; and a majority of said board shall constitute a quorum for the transaction of such business as shall be required by the charter and ordinances of the city, and the rules of such board of health; in the absence of the president the member not filling the office of secretary shall preside. The two physicians shall be appointed in such manner and at such time as other appointive officers of the city and shall hold their offices until their successors are elected and qualified. The two physicians shall receive as full compensation for all REVISED ORDINANCES. 269 duties imposed by the charter and ordinances and the rules of the board of health the sum of two hundred dollars each per annum, payable monthly as other salaries. Sec. 225. The mayor shall as soon as practicable after the organization of the board of health, in each and every year, appoint one of said physicians secretary of said board of health. Sec. 226. The secretary of the board of health shall re- cord its proceedings in a suitable book, sign all notices, keep a strict account of all moneys received and expended by said board of health, and in general perform all duties prescribed by the said board. Sec. 227. It shall be the duty of the board of health to exercise a strict supervision over the sanitary condition of the city and take whatever steps may be necessary to prevent the spread or prevalence of any epidemic, contagious or infectious disease; and shall have full power to take all steps and use all reasonable measures necessary to promote and maintain the cleanliness and general health of the city. The physicians so ap- pointed shall be ex-ofificio city physicians and in addition to the other duties imposed upon them shall, without extra charge attend the indigent poor of the city when called on, and shall also attend all persons who may become temporary charges upon the city, and who shall need medical or surgical attend- ance; it shall be their duty in case of the prevalence of small- pox to vaccinate the indigent poor of the city free of charge. The burden of attending the poor of the city and all other duties shall be shared equally, as near as may be, by the city physicians. Sec. 228. The members of the board of health, the city marshall, every policeman and any agent designated by the board of health, are authorized to enter and examine all cellars, tenements, and all other places within the city, for the purpose of discharging their duty as prescribed by ordinance. The secretary of the board of health shall keep at his offtce a book, in which any person may enter complaint of any nuisance. Said board shall immediately make an investigation of such com- 2/0 REVISED ORDINANCES. plaint or charge, and take whatever steps may be necessary to abate the same, or to prosecute before the poHce judge, the person or persons doing or maintaining the same. ARTICLE II. NUISANCES. vSection [ Section 229. No person to keep, cause, per- ! 235. House offal, garbage or refuse, mil, etc. etc., when a nuisance. 230. Vegetable waste, garbage, 236. Green or un.salted hides, when, filth, etc., nuisance, when. 237. Slaughter houses, meat shops. 231. Privy, vault, water closet, etc., j etc , when. when. ; 23S. Police officers — duty to report 232. Drains, gutters, slop or garb- I all nuisances. age boxes, etc., when. 239. Misdemeanor to keep, suffer, 233. Pond or pool of impure water, maintain, etc., punishment etc., when. for. 234. Stable, stall, shed, pen, etc., when. I Section 229. No person shall permit, keep, cause, main- tain or do any nuisance, as defined by the laws of this State, or by any provisions in this chapter contained. "Sec. 2.^0. All vegetable waste, litter, garbage, filth, or refuse of any nature, found in or upon any street, alley, yard or area within the city, shall be deemed a nuisance. Sec. 231. Every privy, privy vault or water closet, which shall be found to be in an overflowing, leaking or filthy condi- tion, or in any condition dangerous to the public health in this city, shall be deemed a nuisance. Sec. 232. Any unclean, foul, defective or filthy drain, ditch or gutter, or any leaking or broken slop, garbage or ma- nure boxes, or receptacles of like character, niaintained or kept in the city, shall be deemed a nuisance. Sec. 233. Any lot, or piece of ground, within the limits of the city, on which is situated a pond, or pool, of impure, unwholesome or offensive water, shall be deemed a nuisance. Sec. 234. Any stable, stall, shed, pen, yard, or appur- tenance in which any horse, cattle, cow or swine has been, or REVISED ORDINANCES. 2/1 shall be, kept, in the city, in which manure or liquid discharges of any such animal ihall collect, or which shall be kept in an unclean, foul, filthy or unwholesome condition, shall be deemed a nuisance. Sec. 235. All house offal or garbage, or filth or refuse of any kind, which shall be deposited otherwise than in suitable barrels or boxes, convenient for removal by scavengers or slop- contractors, shall be deemed a nuisance. Sec. 236. Any green or unsalted hides kept in an ex- posed or open place within the city, shall be deemed a nuisance. Sec. 237. Any slaughter house, market or meat shop, where beeves or other animals arc slaughtered or sold, which shall be kept, or permitted to be kept, in an unclean or un- wholesome condition, to the annoyance or detriment of any of the citizens of the city, shall be deemed a nuisance. Sec. 238. It shall be the duty of all police ol^cers to ob- serve and examine the sanitary condition of the city, and to re- port promptly any nuisance found to exist in any portion of the city. Sec. 239. Every person who shall suffer, maintain or keep a nuisance within the city shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be punished by a fine of not less than one nor more than one hundred dollars. 272 REVISED ORDINANCES. ARTICLE III. PREVENTION OF SPREAD OF CONTAGIOUS DISEASES. Section 240. Board of health to prescribe regulations and provide pest houses, for contagious dis- eases, etc. 241. Report of infectious disease, duty of board concerning. 242. Sign of infection- disease to be put up, h6w and by whom. 243. Person exposed or having dis- ease, to procure certificate from physician. 244. To enter or depart from house containing case of small-pox, permission of physician to be had. Skction 245 Such permission to be granted when. 246. Schools, to enter as pupil, must have certificate of board of health. 247. Misdeanor for teacher to fail to require such certificate, punishment. 24S Infectious diseases in schools, duty of board. 246. Violation of this article, mis demeanor, punishment. Section 240. The board of health shall prescribe nec- essary quarantine regulations, and provide a suitable pest house, at or near the city, where all cases infected with any contagious disease shall be conveyed, if deemed best by the said board and treated and provided for at the expense of the city ; Provided, that nothing in this section shall require any person so infected to be conveyed to said pest house if said person shall be able to pay for suitable treatment at home, and shall prevent all persons from coming into contact with said contag- ion or entering said premises. Sec. 241. All persons having, or receiving any informa- tion of a person suffering with any infectious disease, shall im- mediately report the same to the said board of health, who shall immediately see that the said case is either removed to said pest house or that the premises are disinfected as fully as may be, and suitable arrangements made to prevent all com- munication between the persons there residing and persons outside. Sec. 242. Every person in this city, or that portion of territory over which the city exercises jurisdiction for quarantine purposes, within six hours next after the appearanne of small REVISED ORDINANCES. 273 pox, or any other infectious disease, in his or her house, resi- dence or place of abode, shall be, and is hereby, required to put up and keep up, in the most conspicuous place on such premises, a printed or painted sign of suf^cient size to attract attention, indicating the disease prevailing therein. Sec. 243. Every person having small-pox or other in- fectious disease, or attending upon any one having the same, is hereby prohibited from knowingly, wilfully or carelessly expos- ing others to such disease, before he or she shall procure a cer- tificate from the attending or city physician that such term of infection has passed. Sec. 244. No person other than a physician shall enter into, or depart from, any tenement or other place containing a case of small-pox, without the permission of the physician at- tending on such case of small-pox. Sec. 245. No physician shall give any one permission to enter into, and depart from, any tenement or abode containing any case of small-pox, except to persons who have had small- pox or varioloid, or are protected by any efficient vaccination, and shall not then grant such permission to any such person to de- part therefrom, unless he shall have positive knowledge that all such persons, before coming out of such house, shall have changed his or her clothing, and disinfected himself or herself in an apartment separate from that occupied by the person af- fected with the small-pox. Sec. 246. No person shall be permitted to enter any of the public or private schools of the city, as a pupil in the same, until he or she presents to the principal of such school a certifi- cate from the board of health, showing that such person has been effectually vaccinated, and is free from all contagious disease. Sec. 247. Any teacher or principal who shall fail or re- fuse to enforce the provisions of the next preceding section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one, nor more than one hundred dollars. 274 REVISED ORDINANCES. Sec. 248. Whenever any contagious or infectious disease shall manifest itself in any public or private school of the city, the same shall be promptly reported to the board of health, and such measures shall be taken by them, as will best secure the schools against the spread of the contagion. Sec. 249. Every person who shall violate any of the pro- visions of this article, not otherwise provided for, shall, be deeme i guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than twenty nor more than one hundred dollars. ARTICLE IV. VITAL STATISTICS. Section 250. Births and deaths, record of to be kept by the city clerk. 25 T. Report of, to be made by phy- sicians, midwives, etc 252. Certificate of cause or manner of death to be made, lot and block in which remains were interred must be indorsed on certificate and returned. 253. Remains shipped out of city, Section receipt of express company to be attached to certificate. 254. Inquests, coroner to make re- port of to mayor. 255. Board of health, power to pre- scribe rules, etc. 256. Misdemeanor to violate the provisions of this article, pun- ishment. Section 250. The city clerk, under the immediate super- vision of the board of health, shall keep a full record of all the births and deaths within the city. Sec. 251. It shall be the duty of every practicing physi- cian and midwife or any other person acting as nurse or having charge of any person who has given birth to a child, or any person who has died within the corporate limits of the city, to report the same to the city clerk on proper blanks, which blanks shall be furnished by the board of health. Sec. 252. Every undertaker, doing business in the city of Sedalia, shall den: and a certificate of death, properly ordered by the mayor and attested by the city clerk, setting forth the REVISED ORDfXANCES. 2/5 cause or manner of death so far as may be known, and as set forth by the attending physician, midwife or nurse; and he shall also notify the sexton of the cemetery when the remains are to be interred, and that he has obtained a proper certificate from the mayor, and he shall return the certificate, having endorsed thereon that the remains of the person therein named were properly identified, and giving the name or location of the ceme- tery, number of lot and block in which the reniains were interred and the date of burial. Sec. 253. If the remains of any deceased person are re- moved beyond the jurisdiction of the city, the receipt of the express company, or person receiving such remains, shall be attached to and returned with the certificate. Sec. 254. The coroner of Pettis county shall make out and forward to the mayor a report of all inquests held over bodies of deceased persons within the city limits, and such report shall be made immediately after the findmg of *he jury is known. Sec. 255. The board of health shall have power to pre- scribe whatever rules they may deem necessary for the regula- tion of vital statistics of the city, and such rules shall be strictly complied with. Sec. 256. Any person who shall violate any of the pro- visions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two nor more than twenty-five dollars. 2/6 REVISED ORDINANCES. ARTICLE V. QUARANTINE REGULATIONS. Section 257. Board of Health, to establish aiu' enforce, when. 258. Quarantine regulations, to ap- ply to what persons and things. 259. Quarantine regulations, when to be established and extent of. 260. Notice of, to be given to car- riers of passengers or freight, prescribing methods of; fail- ure to comply with, a misde- meanor. 261. Railroad train, coming from infected district, must have permit; failure to have, a mis- demeanor. Section 262. Immigrants, passengers, etc., to be sent to quarantine sta- tion, when. 263. Orders of Board of Health, marshal and police to be sub- ject to. 264. INIisdemeanor to violate anj' quarantine regulation ; pun- ishment, when not specially provided for. 265. Quarantine station. Board of Health to procure, when and how. Section 257. The Board of Health is hereby authorized and empowered to establish and enforce special or general quar- antine regulations within the limits of the city of Sedalia, when- ever, in its judgment, the sanitary interests of the city demand the same. Sec. 258. Quarantine regulations are hereby defined to apply as follows: First, to all passengers and their baggage. Second, to passengers or baggage respectively. Third, to freight of any one kind or character, or different varieties of freight differing in kind, character, substance or material; the extent of the inhibition or prohibition upon passengers or freight coming from any part of the United States into the city of Se- dalia, shall be determined by the Board of Health, and, when so determined, it shall be made of record in the proceedings of ihe Board. Sec. 259. Whenever the Board of Health shall be in possession of reliable and satisfactory information that any ma- lignant, infectious or contagious disease is epidemic in any por- tion of the country with which the city of Sedalia has communi- cation, it may establish and enforce quarantine regulations REVISED ORDINANCES. 2// against such portion of the country, and it may determine and regulate to what extent, in what manner, and by whom any communication or business transactions may be had with such portion, either by the citizens of such portions of the country or of the city of SedaHa, and it shall establish such stringent and necessary rules and regulations as may be required to prevent the introduction or spread of such disease; and to that end it is hereby authorized to employ such persons as it may deem neces- sary, and all the actions of such Board under the provisions of this section must be approved by and recorded in the proceed- ings of the Board of Health. Sec. 260. Whenever the Board of Health shall declare that any malignant, infectious or contagious disease is prevalent in an epidemic form, in any portion of the country, it shall im- mediately, or as soon thereafter as possible, notify in writing every express company, transfer company teamster, and rail- road company doing business in the city of Sedalia and engaged in the transportation of freight and passengers to or from the city of Sedalia to any portion of such country, through their representatives or principal officers, or owners, managers, con- ductors, teamsters or directors, that quarantine regulations have been established and will be rigidly enforced against such por- tion of the country, stating the method and the conditions by and upon which they may transmit or carry passengers or freight to or from the city of Sedalia, and also the kind or char- acter of freight that is prohibited from entering the city, and all other regulations that may have been established by the Board of Health in relation to the subject matter. Every officer, man- ager, owner, director, conductor or teamster of any express company, transfer company, team or railroad company, after having received such notice, failing or refusing, in whole or in part, to comply with the restrictions and conditions of the quar- antine regulations as established by the Board of Health, shall be deemed guilty of a misdemeanor, and, upon conviction there- of before the police judge of the city of Sedalia, shall be fined not less than one dollar nor more than one hundred dollars, or 2/8 REVISED ORDINANCES. be imprisoned in the city jail for a time not exceeding th'-ee months, or by both such fine and imprisonment. Sec. 261. No raihoad train consisting of locomotive and one car or more, coming from any portion of the country in- fected with any malignant, infectious or contagious disease in an epidemical form, and bound for the city of Sedalia, shall enter said city, or discharge its freight or passengers within the limits of the city of Sedalia, without first having obtained a per- mit to do so from the Board of Health, or some other officer of the city designated by the Board of Health. Any conductor of any railroad train, entering the city with freight or passengers, or discharging freight or passengers within the city of Sedalia, without first having obtained a permit as heretofore designated, shall be deemed guilty af a misdemeanor, and, upon conviction thereof, before the police judge of the city of Sedalia, shall be fined in a sum not less than one dollar nor more than one hun- dred dollars, or be imprisoned in the city jail for not to exceed three months, or by both such fine and imprisonment. Sec. 262, All immigrants, passengers, or others recently from shipboard or elsewhere, and all sick, diseased or unclean persons, with their baggage and stores, may, on their arrival in the city of Sedalia, be sent to the quarantine station provided by the city for such purposes, whenever, in the opinion of the Board of Health, the same is deemed necessary. Sec. 263. Whenever an order of the Board of Health in relation to the quarantine regulations of the city of Sedalia shall be made, a copy of the same shall be made out and attested by the clerk and presiding officer thereof, and transmitted to the city marshal, who shall enter the same of record, or file it in his office, and the city marshal shall cause said order to be read at least twice to the police officers of the city, whether they be regular or special ofificers, and the marshal and police shall be subject to the orders of the Board of Health in the enforcement of the quarantine regulations of the city. Sec. 264. Any person or persons failing or refusing to comply with the quarantine regulations of the city of Sedalia, as REVISED ORDINANCES. 2/9 established by the Board of Health, or any person or persons, resisting, by force or otherwise, the enforcement of the quaran- tine regulations in the city of Sedalia, established as aforesaid, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, before the police judge, shall, when not otherwise specially provided for, be fined in a si|fii not less than one dol- lar nor more than one hundred dollars for each offense. Sec. 265. The Board of Health are hereby authorized and empowered to procure, at a reasonable cost of rental, for such time as the exigencies of the case shall demand, a suitable place to be used as a quarantine station, whenever by them deemed necessary to prevent the introduction or spread of any malignant, infectious or contagious disease, and the city council shall order warrants drawn from time to time to meet the ex- penses of such quarantine station, and all other matters pertain- ing to the quarantine regulations of the city. 28o REVISED ORDINANCES. CHAPTER 14. LICENSES. ARTICLE I. — Sundry and Miscellaneous Licenses. ARTICLE II. — Merchants License?. ARTICLE III.— Insurance Licenses. ARTICLE IV.— Railroad Ticket Brokers Licenses. ARTICLE I. SUNDRY AND MISCELLANEOUS LICENSES. Section. 266. Licenses, who must have, gen- erally. 267. Definition and meaning of words and phrases used. 268. License tax, amount of, to be levied and collected for mis- cellaneous businesses. 269. Billiard and pool tables, bowl- ing alleys, pigeon holes, etc, amount of tax to be levied on. 270. Livery, feed and sale stables, wagon yards, license tax on. 271. Teams, wagons and drays, carriages, hacks, etc., license tax on. 272. Hotel keeper, license tax on. 273. Runner of hotel, to pa}- license tax, and wear badge, failure to a misdemeanor. 274. Restaurant stand, license on. 275. Bootblack, license tax on 276. Agricultural implements, deal- er to pay what license tax. 277. Keeper of butcher shop, license tax on, meaning of term. 278. Circuses, menageries and side shows. 279. Theatrical show or exhibition, not in licensed house or hall. 280. Opera house keeper. 281. Rope or wire dancing, spirit rapping, street organ, etc. 282. Peddlers and hawkers, coun- try produce, etc., excepted. 283. Auctioneer, license tax on. 284. Licensed auctioneer may sell at retail without merchant's license, when, must render statement of sales. Section 285. Duty on sales by auctioneer to be paid city treasurer, bond for same to be given. 286. Failure of auctioneer to com- ply with conditions of bonil, penalty, license not transfei- able. 287. Pawn and money broker must have license, 288. Pawnbroker, who declared to be. 289. Bond to he given by when li- censed. 290. Pawnbroker tc> keep register of loans, and issue tickets for same. 291. Register of broker, open to in- spection of officers. ■292. Pawnbroker, license tax on. 293. Goods not to be received from minors, or between 8 p. m. and 7 a m. 294. Loan not to be made on divid- ed parts of property. 295. Misdemeanor for violation of this article. 296. Money broker, who is. 297. Money broker, license tax on. 298. Wood and coal dealer, tax on. 299. Ice wagons, tax on. 300. License not to authorize doing business on Sunday. 301. Time of license to run 302. License tax, payable in ad- vance. 303. Misdemeanor, to do business without, penalty. REVISED ORDINANCES. 28 I Sec. 266. It shall be unlawful for any person to keep a beer depot, or beer store room, to exercise or carry on the bus- iness of an auctioneer, druggist, hawker, peddler, banker, broker, pawn-broker, merchant of any kind, grocer, restaurant keeper, butcher, tavern-keeper, hotel-keeper, or the keeper of a public boarding house, dram-shop, saloon, billiard tables, pool tables, or any other kind of a gaming table, bowling alley, hay scales, or to exercise the business of lumber dealer, livery stable keeper, real estate agent, loan company, loan agent, or to keep, manage or control any public building, public hall, opera house, public grounds, concerts, or to exercise, or follow the avocation of photographer, bill-poster, artist, agent, porter, runner, drummer, public lecturer, conduct, manage or control any public meeting, give or cause to be given, performed or exhibited any circus, show, parade or exhibition, or to engage in or follow the avocation of horse and cattle dealer, patent right dealer, keeper of stock yards, keeper of wagon yards, in- spector, guager, mercantile agent, insurance, insurance agent, manufacturer, or use, operate or run upon the streets of the city for hire, or upon which a fare is charged, any street rail- road car, hackney carriage, omnibus, cart, dray, transfer wagon, job wagon, or use any wagon in the delivery or peddling of ice, or use any vehicle of any kind for hire on the streets of the city, or keep or conduct any traveling or auction store, or fol- low the business or avocation of a money broker, money changer, ir,telligence ofifice or agency, or shall be a party to, or conduct, or manage any public masquerade, or ball, or shall give any street exhibition, or conduct or keep any dance house, pistol gallery, or shall do business as a fortune teller or corn doc- tor, or shall keep any private venereal hospital, museum, me- nagerie, or shall keep or perform or cause to be performed any equestrian performance, or shall exhibit any horoscopic views, or telescopic views, or shall keep or manage any lung tester, muscle developer, magnifying glass, ten-pin alley, ball-alley, or shall give, keep, or cause to be given, or permit to be given, in any place controlled by him or them, any theatrical or other 282 RKVISED ORDINANCKS. exhibition, boxing or sparring exhibition, show or amusement, or make any sales of unclaimed goods held by express com- panies or common carriers, without first having obtained a license therefor from the proper ofificers of the city, and pay the license therefor fixed by ordinance. Sl-:c. 267. The foUowmg definitions of phrases and words employed in this article are hereby adopted ; a bill poster is one who conducts the business of posting bills in advertising any performance, show, exhibition or business in public places or so as to be conspicuous to the travel of the city. A money broker shall be construed to mean any person, firm, company or cor- poration other than bankers or banking corporations, or institu- tions in the meaning of this section, who for a commission negotiates, obtains or effects loans of money on real estate securities or on collateral security or personal guaiantee, or who effects or negotiates for the purchase or sale or stocks, bonds, bills of exchange, bullion, coined money or other money or cur- rency, promissory notes or other securities, for themselves or other > is hereby declared to be a financial agent or broker. Any person, company, or corporation, or association, other than bankers, banking corporations or associations, who shall follow the business or avocation of loaning money, whether for them- selves or others, is hereby declared to be a lone agent or com- pany as the case may be. Every person who shall in any way deal in the sale of patent rights or the procurement of patents for inventions is hereby declared to be a patent right dealer or agent. A photographer is one having a place of business where the taking of photographs is carried on. Every person or firm composed of one or more per^pns, who shall act as agent for any party in the leasing, renting or selling of houses, or real estate, at private or public sale, or who shall receive or collect rents for another for a commission or other compensation or who shall advertise or hang out any sign or device which shall designate him or them as an agent or agents for the rent- ing, collecting rents, leasing or selling houses or real estate, shall be considered a real estate agent. A real estate broker is REVISED ORDINANCES. 283 one who for commission, or other compensation, is engaged in the selling of, or negotiating sales of real estate belonging to others. A horse and cattle dealer is a person who buys or sells, barters or trades in horses, mules, cattle, hogs or sheep on his own account, without being the keeper of a stock yard, or sale stable. Every person, firm, bank, banking company or incorporated institution or association, having a place of busi- ness where credits are opened in favor of any one, on time or current deposits, or on collections of money or currency, sub- ject to be repaid or remitted upon drafts, checks or orders, or where money or currency is advanced or loaned on stocks, bonds, bullion, bills of exchange or promissory notes, or where stock, bonds, bullion, bills of exchange or promissory notes are received for discount or sale, is hereby declared to be a banker, banking corporation or institution. A fortune teller is one who for a compensation, tells, or pretends to foretell, the events of one's life, or one who pretends to a knowledge of future events. The avocations named and not herein given a particular or special definition shall be construed with reference to the ordinary use of the term or any special signification given it by custom and usage. Sec. 268. Ther*^ shall be levied and collected for every license granted for any business or object herein specified a license tax as follows: First — Upon every loan agent's license, twenty-five dollars per year, or fifteen dollars for six months. Second — Upon every loan company's license, fifty dollars per year, or thirty dollars for six months. Third — Upon every patent right dealer or agent's license, thirty dollars per year, twenty dollars for six months, or two dollars per day. Fourth — Upon every photographer's license, twenty dollars per year. Fifth — Upon every real estate agent's license, twenty-five dollars per year. 284 REVISED ORDINANCES. Sixth — Upon every real estate broker's license, twenty-five dollars per year. Seventh — Upon every horse and cattle dealer's license, fif- teen dollars per year. Eighth — Upon every bank or banker's license, fifty dollars per year. Ninth — Upon every corn doctor s license, twenty dollars per year or two dollars per day. Tenth — Upon every license to exhibit horoscopic views, two dollars p^r day. Eleventh — Upon every license to keep a lung tester, two dollars per day or ten dollars per year. Twelfth — Upon every fortune teller's license, two dollars per day or twenty-five dollars per year. Thirteenth- -XJ'^on every license to keep muscle developers, two dollars per day or ten dollars per year. Fourteenth — Upon every license to keep a hay scales, fifty dollars per year. Fifteenth — Upon every license to keep or use a street sprinkling wagon or cart, ten dollars per year. Sixteenth — Upon every license for any exhibition or show on any of the streets of the city, or elsewhere within the city limits, to which a fee is charged, or at which articles are sold or offered for sale, and not otherwise licensed, two dollars per day or twenty-five dollars per year. Seventeenth — Upon every bill poster's license, fifty dollars per year. Eighteenth — Upon every license to deliver any public lec- ture, except where the same is to be delivered in the interests of some church, school or charitable institution or purpose, five dallars for one lecture or the first of any series of lectures, and two dollars and fifty cents for each succeeding lecture. Nineteenth — Upon every license to keep an intelligence or employment ofifice or agency, ten dollars per year. Twentieth — Upon every license to use a magnifying glass for hire, ten dollars per year or one dollar per day. REVISED ORDINANCES. 285 Twenty-first — Upon every license to conduct any gift enter- prise, two dollars per day or twenty dollars per month. Twenty-second — Upon every license to give any boxing, sparring or wrestling exhibition, five dollars each. Twenty -third — Upon every license to conduct or permit any sale of any unclaimed goods in the possession of any ex- press company or common carrier, five dollars for each day a sale is made or conducted, or goods offered for sale. Twenty-fourth — Upon every license to keep or conduct any traveling or auction store, ten dollars per day, or fifty dol- lars per month. Twenty-fiftJi — Upon every license to keep a beer depot or beer wareroom or store-room, dollars per year. Twenty- six th^\5\)Ox\ every hawker's license, two dollars per day Twenty-seve7ith — Upon every boarding house license, ten dollars per year or five dollars for six months. Twenty-eighth — Upon the license of every keeper of a public building, ten dollars per year or five dollars for six months. Twenty-ninth — Upon the license of every keeper of public grounds, dollars per year. ThirtietJi — Upon every license to keep a stock yard, ten dollars per year. Thirty-first — Upon every inspector or guager's license, one dollar per day. Thirty-second — Upon every mercantile agent's license, ten dollars per year. Thirty-third — Upon every manufacturer's license, one dol- lar per year. • Thirty-fourth — Upon every street car license, one dollar per year for each car used regularly. Thirty-fifth — Upon every moneychanger's license, ten dol- lars per year. Thirty-sixth — Upon every license for any masquerade, or ball or dance house, ten dollars per year. 286 REVISED ORDINANCES. Thirty-seventh — Upon every license to keep any private venereal hospital, twenty-five dollars per year. Thirty-eigJitJi — For exhibiting any telescopic views for hire or charge, two dollars per day. Sec. 269. All keepers, owners or managers ol billiard or pool tables, shall pay a license tax for every six months of seven dollars and fifty cents for each table; and every owner, keeper or manager of a ten pin alley, or bowling alley, shall pay a license tax for every six months of ten dollars ; and every owner, keeper or manager of any pigeon-hole, bagatelle, or Jenny Lind table, shall pay a license tax for every six months of five dollars for each table. Sec. 270. All owners of livery stables, shall pay a license tax of ten dollars for every six months, and two dollars and fifty cents per year for every two seated vehicle kept and used upon the streets of this city for hire ; and all owners of feed and sale stables, or wagon yards, shall pay a license tax of five dollars. Sec. 271. All owners of teams, wagons or drays, shall pay a license tax of five dollars for every two horse wagon or dray, used for hauling, for hire within the city limits, and for every one horse wagon so used, three dollars; and all owners of carriages, hacks, buggies, or other vehicles used in trans- porting passengers, for hire, within the city limits, shall pay a license tax for every six months of five dollars for every vehicle so used. Sce. 272, Every hotel keeper within the city shall pay a license tax of fifteen dollars, and fifty cents additional for every room, of any kind, kept in such hotel for the accommo- dation of guests; and the word "hotel," as used in this sec- tion, shall be construed to mean and include all houses kept open for the accommodation of travelers Sec 273. Every person who shall ply the avocation of runner of, or solicit guests for any hotel or boarding house, whether controlled by himself or another, shall pay a license tax of seven dollars and fifty cents for every six months, and REVISED ORDINANCES. 28/ obtain a license as runner; and every such hotel or boarding- house runner, or person, shall, while plying such avocation, or soliciting such i^uests, wear a badge on the outside and front of his hat, or cap, on which shall be printed or written plainly, the name of the hotel or house for which he runs or solicits guests, and any person who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and on con- viction thereof be punished by a fine of not less than one nor more than one hundred dollars. Sec. 274. Every person who shall keep a restaurant stand shall pay a license tax of seven dollars and fifty cents for every six months. Sec. 275. Every person wl.o shall ply the avocation of bootblack upon any of the streets, alleys or public grounds of the city, or at, or around any of the railroad depots or station houses, shall pay a license of three dollars for every six months. Sec. 276. Every dealer in agricultural implements, whether selling on his own account or for others, who has no regular business house, shall pay a license tax of ten dollars for every six months. Sec. 277. Every person who shall keep a butcher shop within the city limits shall pay a license tax of twelve dollars and fifty cents for every six months, provided, that this section shall not apply to a person i*enting or occupying stalls or stands in the city market house; and the term "butcher shop" as used above, shall be construed to mean all places wherein fresh meats are kept and offered for sale ; provided, that this section shall not be construed so as to include regular canners and packers of meats so as to prevent the sale of spare-ribs, pigs feet, hogs heads, and other trimmings and offal of such pack- ing house or canning establishment; and provided further, that nothing in this section shall be so construed as to require the payment of a license tax upon any article offered for sale, or sold by the raiser or producer. 288 REVISED ORDINANCES. Sec. 278. Every person, company or corporation ex- hibiting any circus or menagerie show, shall pay a license tax of one hundred dollars, when an admission fee of fifty cents is charged, fifty dollars when an admission fee of twenty-five cents is charged, forty dollars when an admission fee of twenty cents is charged, and twenty dollars when an admission fee of ten cents is charged, or the license shall be in dollars, double the number of cents charged for admission for every day the same shall be exhibited; and the owners and managers of side shows, or animal shows, not exhibited under the main circus canvas, shall pay a license tax of ten dollars for every day the same shall be so exhibited. Sec. 279. Every person, company or corporation who shall be the owner or keeper of any theatrical show or exhibi- tion, who shall give any performance or make any exhibition in any opera house building, hall or other place within the city, other than a regularly licensed opera house, hall or building, shall pay for every such performance or exhibition a license tax of five dollars, for the first performance or exhibition, and the sum of two dollars and fifty cents for each additional perform- ance or exhibition. Sec. 280. Every keeper of an opera house shall pay a license tax of one hundred dollars per year, the term to begin on November first of each year. Sec. 281. Every person who shall perform any rope or wire dancing, or spirit rapping, shall pay a license tax for every such performance of five dollars ; and every person who shall exhibit on any street, or in any public place in this city, any street organ, musical playing-box, monkey show, or any other exhibition whatever, shall pay a license tax of one dollar for every day's performance; Provided, that nothing in this section shall be so construed as to require a license tax to be paid by persons exhibiting or performing any amateur performances, or performances for schools, religious or charitable purposes. Sec. 282. Every peddler shall pay a license tax of twen- ty-five dollars for every six months, or three doll as for the first REVISED ORDINANCES. 289 day and two dollars per day for a term less than six months, for which a license shall be granted for selling within the city, ex- cept peddlers of country produce, fish and game; and every hawker of goods, wares, merchandise, nostrums or patent medi- cines shall pay a license tax of five dollars for the first day he may sell, and three dollars per day for each day thereafter. Sec. 283. Every person who shall exercise the trade or business of auctioneer, by selling any goods or property subject to duty under ordinance, or any real estate, shall pay a license tax as follows: First, on such license for thirty days or less, fifteen dollars; second, on such license for three months, twenty dollars; third, on such license for six months, twenty-five dol- lars; fourth, on such license for the first day, three dollars, and one dollar per day thereafter for a term less than one month ; but no person shall be permitted to sell property of any kind at auction unless he shall have resided in this state six months next preceding the time of making application for such license. Sec. 284. An)' auctioneer, licensed as prescribed by this article, may sell or retain goods at his auction house, without a license as vendor of merchandise, so long as he continues the business of an auctioneer in said auction store; but he shall render a true account of sale, and pay the like duty thereon as if such sales were made at auction. Sales of property at auction shall be free from duty in the cases specified in section 693 of the Revised Statutes of Missouri, 1889. Sec. 285. There shall be paid into the city treasury, as ad valorem tax, one-half of one per centum of the proceeds of the sales of property sold at auction, or retailed, as specified in the next preceding section, and in order to secure the payments of the same, the applicant for an auctioneer's license shall enter into a bond, with two sufificient securities, to be approved by the mayor, in a sum not less than five hundred dollars, condi- tioned that he will, at the expiration of his license, give to the collector a true statement of the aggregate amount of all prop- erty or goods, subject to duty, sold by him at auction or at re- 290 REVISED ORDINANCES. tail, as hereinbefore provided, and to pay to the collector his said tax of one-half of one per centum on all such sales. Sec 286. Whenever any auctioneer shall fail to fulfill the conditions of his bond, the mayor may order the city attorney to prosecute him on his bond, and if judgment shall be rendered against him, in addition to the judgment so recovered, his license may be thereby revoked and vacated, if so adjudged by the court. Nothing contained herein shall be so construed as to permit any auctioneer to transfer his license, or to deputize or authorize any other person to act in the capacity of auctioneer in his stead. Sec. 287. No person shall engage in the business of pawnbroker or money broker in this city, without first having obtained a license therefor. Sec. 288. Any person who loans money on a deposit of personal property as security, or who deals in the purchase of personal property on condition of selling the same back again at a stipulated price, or who makes a public display at his place of business of the sign generally used by pawn brokers to denote their business, to-wit: three gilt or yellow balls, or who pub- licly exhibits a sign of " money to loan " on personal property or deposits, is hereby declared to be a " pawn broker." Sec. 289. Every person to whom a license shall be granted to carry on the business of a pawn broker shall enter into a bond to the city of Sedalia, with good and sufficient se- curity, to be approved by the mayor, in the penal sum of five hundred dollars, conditioned for the due observance of all ordi- nances that may be passed, or be in force, respecting pawn brokers, at any time during the continuance of such license. Sec. 290. Every pawn broker shall keep a register of all loans, which register shall have date and names of all persons who have left property of any description on deposit ; opposite such name and date shall be written a full description of such property, the time when the loan falls due, the amount loaned, and the interest charged. In addition to this, he shall give to the party negotiating a plamly written or printed ticket, having REVISED ORDINANCES. 2CJ\ upon it a copy of the entries required by ordinance to be kept in his register of loans, and for such tickets he shall make no charge. Sec. 291. The said register shall at all times be open to the inspection of the mayor, city marshal, city attorney, sheriff of Pettis county, and the constable within and for Sedalia town- ship, or any person duly authorized in writing by any of them, who shall exhibit to the pawn broker his written authority. Sec. 292. Every such pawn broker, shall pay a license tax to the city of Sedalia of seven dollars and fifty cents for every six months. Sec. 293. No pawn broker shall receive, by way of pledge or pawn, any goods, articles or things whatsoever from any minor, at any time, nor from any person whatsoever be- tween the hours of eight o'clock p. m. and seven o'clock a. m. Sec. 294. No pawn broker shall make any loan onthe separate or divided part or parts of any article or piece of property. Sec. 295. Any pawn broker who shall neglect, violate or refuse to comply with any of the provisions of this article con- cerning pawn brokers, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dol- lars, nor more than one hundred dollars and in addition to such fine his license may be ordered forfeited, if so adjudged by the police judge in assessing and adjudging of such fine and im- prisonment. Sec. 296. Whoever is declared by the laws of the state of Missouri, or by the government of the United States to be, or who exercises the profession or calling of a money broker, shall be so considered within the meaning of this article. Sec. 297. All persons exercising or following the profes- sion or calling of money brokers shall pay to the city of Sedalia a license tax of fifty dollars per annum, thirty dollars for six months. Sec. 298. Every wood and coal dealer shall pay a license tax of thirty dollars per year in advance, and the term of such 2Q2 Ri:\lSKI) OKDINANCKS. license .shall commence on the first day of September, and all persons who are now engaged or who may hereafter become engaged in the business of wood and coal dealers, who shall ap- ply for a license for any part of the term of one year shall pay a pro rata amount for a part of an unexpired term. Sec". 299. Every person who shall drive or have driven upon the streets in the delivery of ice, any ice wagon, shall pay for every such wagon a license tax of thirty dollars for every year, the term to commence on the first of May of each year. Sec. 30b. No license issued under the provisions of this article shall be so construed as to permit any person to exercise any trade or calling, or carry on or engage in any bj.isiness on the first day of the week, commonly called Sunday, but, to do the same shall be unlawful ; and every person who shall cany on any business in the city of Sedalia, on the first day of the week, commonly called Sunday, shall, be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than one nor more than one hundred dollars; provided, however, that grocery or drug stores may be opened to sell provisions or medicines for immediate necessity and demand, and livery stables may be kept open for the benefit of the public. Sec. 301. All licenses required by the provisions of this article shall run for a period of six months, unless as otherwise hereinbefore specially provided, and shall commence on the first days of May and November in each and every year, or at the commencement of such portion of a term as the person receiv- ing the license shall transact the business for which the same was obtained. When any person shall apply for a license after the first days of May or November, or after the first day of a term for which a license regularly begins, then the amount he shall pay therefor shall be to the full amount of .such license for the whole term as the time from the date of the license to the end of the term shall be to the whole term, or be pro rated and all license shall run in the name of the city and be signed by REVISED ORDINANCES. 293 mayor, and be subscribed by the city clerk and attested by the the seal of the city. Sec. 302. All licenses shall be payable in advance, un- less otherwise specially provided, to the collector, upon the ex- hibition of whose receipt the city clerk shall execute and deliver a license to the person entitled therto, and the city clerk shall charge the collector with the amount of such license. Sec. 303. Whoever shall exercise any of the avocations, or carry on or engage in any business for which a license is re- quired under the provisions of this article, without first obtain- mg a license therefor, shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than one dollar, nor more than one hundred dollars. ARTICLE II. merchants license and tax. Section. 304. Merchants, license tax on — terms defined. 305. Ad valorem tax on, when levied. ,-06. Statement of, when made - collector charged with amonnt Section. 307. Statement to be sworn to. 30S. Failure to make etc., misde- meanor. 309. License, time to run. Section 304. Every person or co-partnership of per- sons, company or corporations or associations who shall deal in the selling of goods, wares and merchandise, of any kind what- ever, including clocks, at any stand or place occupied for that pur- pose within the city, is hereby declared to be a merchant, except as is or may be orthervvise provided by ordinance, and the term "merchant" as used herein shall be construed to include all merchants, commission merchants and grocers, whether trading as wholesale or retail dealers, and every person defined to be a merchant by this article, before doing or offering to do business as such merchant, shall procure from the city clerk a license therefor, for which he shall pay to the city collector for the use of the city a license tax of twenty dollars. 294 REVISED ORDINANCES. Sec. 305. Merchants shall pay an advalorem tax, equalto that which is levied upon all real estate, on the highest amount of all goods, wares and merchandise which they may have, in their possession or under their control, whether owned by them or consigned to them for sale, at any time between the first day of March and the tenth day of June in each year; Provided, that no commission merchant shall be required to pay any tax on any unmanufactured article, the growth or produce of this or any other state, which may have been consigned for sale, and which he has no ownership or interest other than his commis- sion. Sec. 306. On the tenth day of June in each year, it shall be the duty of every person, or co-partnership of persons, who shall have obtained a license, as provided for by this article, to file in the ofitice of the city clerk a statement of the greatest amount of goods, wares and merchandise which he or they may have had on hand at any time between the first day of March and the said tenth day of June; said statement shall include goods, wares and merchandise owned by such merchant, and consigned to him or them for sale, by other parties. The city clerk shall, on or before the first day of July following, enter an abstract of such statement in a book to be provided for such purpose, make out and deliver to the collector a copy of such abstract, and charge the collector with the amount of such taxes. Sec. 307. Such statement shall be signed and verified by the affidavit of such person, or some member of the co-partner- ship, or some credible person having the means of knowing, for him or the co-partnership, before the city clerk, or some ofifi- cer authorized by law or ordinance to administer the oath, that such statement contains a just and true account of the aggregate amount of all goods, wares and merchandise taxable by law. Sec. 308. Every person, or co-partnership of persons, to whom a license shall have been granted, or who are required to obtain a license to vend goods, wares and merchandise, and who shall have filed a statement as REVISED ORDINANCES. 295 herein required, and failed to pay, or refused to pay, the amount of revenue so owing to the collector of the city, or who shall fail to make a statement above required, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five, nor more than one hundred dollars. Sec. 309. Merchants' licenses shall run for a period of twelve months, and commence on the tenth day of June in each and every year, and whenever any person shall commence the busi- ness of merchandising after the tenth day of June in any year, he shall, on or before the first day of the succeeding month, file his statement as herein required, and shall pay the same rate of tax- as other merchants, to be estimated as the time from the day on which he commenced business to the said tenth day of June next succeeding shall be to one year. ARTICLE III. INSURANCE LICENSE. Section. 313. Must have license — tax, time to run, etc. 314. Failure to have, etc, misde- meanor. Section. 310. Insurance companies, license tax on, time to run, etc. 311. License, not to have, misde- meanor. 312. Insurance agent and broker. who is Section 310. No person, company or corporation shall carry on, or do, or offer to do any insurance business of any kind whatever in this city, in person or by agent, without first having obtained a license therefor, for which shall be paid a license tax of twenty-five dollars for every twelve months, and the term of such license shall begin on the first day of June of each year, the amount shall be pro rata when the application is made after June first. Agents representing more than one com- pany shall procure a separate license for each, and shall pay therefor twenty-five dollars for each license issued. 296 REVISED ORDINANCES. Sec. 311. Any person who shall act as the agent of, or who shall solicit, or transact any insurance business for or in behalf of any insurance company in this city, not having a license to do an insurance business, as provided in the preceding section, shall be deemed guilty of a misdemeanor and on conviction, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Sec. 312. Every person, firm or corporation while being or acting as an accredited agent of any insurance company in this city, and keeping an account with said insurance company for money collected or remitted, who shall, in favor of any person, firm or corporation, for commission or compensation, effect or place or cause to be effected or placed, or shall negotiate for, or obtain authority to effect or place any insurance or insur- ance risk in any insurance company of which he is not an ac- credited agent, is hereby declared to be an insurance agent or broker. Sec. 313. No person shall do any business in this city as an insurance agent or broker, as defined in the next preceding section without first having obtained a license as such, and every insurance agent or broker shall pay a license tax of ten dollars for every twelve months, and the term of such license shall begin on the first day of June of each year, and run for one year. The amount charged for all licenses for a part of an unexpired term shall be pro rata. Sec. 3H- Any person violating any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than one dollar nor more than one hundred dollars. J REVISED ORDINANCES. 297 ARTICLE IV. RAILROAD TICKET BROKERS. Section 315. Ticket broker, must have li- cense. 316. Who deemed a broker. 317. License tax on, time of, etc. Section 318. Must file bond with clerk. 319. Mi.sdemeanor to violate this article. Section 315. No person or copartnership of persons or company shall exercise within the city of Sedalia the business of broker or dealer in railway or railroad passenger tickets without first having obtained a license therefor, as hereinafter provided. Sec. 316. A railway ticket broker is one who, for a con- sideration, sells railway passenger tickets, or fractional parts of such tickets, purporting to be good for one or more persons to travel to and from certain places on a railroad train, or who buys railway or ra Iroad tickets from the general public at prices less than such tickets are sold by the company who originally issued the tickets. Sec. 317. There shall be levied and collected on every license granted under this ordinance, the sum of ten dollars, be- fore the delivery thereof. Each license shall be granted for one year, and on its face shall plainly express that it will be forfeited by any violation of this irticle, and shall also show plainly the time when it shall expire, together with the name of the person authorized to do business under the license, and also express on its face that the license shall entitle the person named therein to carry on the business of ticket broker at one office only. Sec. 318. No license shall be granted under this article until the person or persons applying therefor shall have filed with the collector a bond with one or more good and sufficient securities, to be approved by the city clerk, in the sum of two hundred dollars, conditioned that the said railway ticket broker will refund to any purchaser, or purchaser's agent, the money paid to said railway ticket broker, on any ticket that shall be rejected or declared not good by the company's agent, for a 298 REVISED ORDINANCES. passage on tlie railway for which said broker sold such tickets; Provided, that all such ticket brokers shall furnish the buyer with a schedule describing the number and kind of ticket, signed by the seller's name. Sl.C. 319. Every person violating the provisions of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one dollar nor more than one hundred dollars. CHAPTER 15. LIGHTS. Section 320. For streets, etc., council to provide for. Section 320. The council may provide for and regulate the lighting of streets and the erection of lamp-posts, poles and lights therefor, and shall have power to make contracts with any person or association or corporation for the lighting of the streets and other public places of the city with gas, electricity or otherwise; provided, that no such contract shall be made for a longer time than ten years ; provided furtJier, that no such contract shall have any legal force until the same shall have been ratified by a two-thirds majority of the qualified voters of said city, voting at an election held for that purpose. The council shall have the right also, to erect, maintain and operate gasworks, electric light works or light works of any other kind or name, and to erect lamp-posts, electric light poles, or any other apparatus or appliances necessary to light the streets, avenues, alleys or other public places, and to supply private lights for the use of the inhabitants of the city and its suburbs, and to regulate the same, and to prescribe and regulate the rates to be paid by the consumers thereof, and to acquire by purchase, donation or condemnation, suitable ground within or without the city upon which to erect such works, and the right REVISED ORDINANCES. 299 of way to and from said works, and also the right of way for laying gas-pipes, electric wires under or abo\'e the ground, and erecting posts and poles and such other apparatus and appli- ances as may be necessary for the efficient operation of such works; provided, that the council may, in its discretion, grant the right to any person or persons, or corporation to erect such works and lay the pipe, wires and erect the posts, poles or other necessary apparatus and appliances therefor, upon such terms as may be prescribed by ordinance ; provided furtJier, that such right to any such person, persons or corporation shall not extend for a longer period than twenty years, and shall not be granted nor renewed unless by consent of a majority of the qualified voters of the city, voting at an election held for such purpose 300 REVISKI) ORDINANCES. CHAPTER 16. MARKKT HOUSE Section, 32 [. Location of. 322. Stands, outside of Market house. 323. Vehicles attending, be separat- ed three feet. 324. Stalls, inside market house, use of 325. Wagons, vehicles, etc., regu- lation of. 326. Stalls, interior, how arranged, etc. 327. vStands and stalls, how rented. 328 Rents of, how paid and secur- ed, penalty for failure. 329. Vacant stalls, how rented. 330. Butcher, to paint stall, when. 33 r. Lease for, to be executed when. 332. Stalls not to be occupied with- out permit etc. T,^T). Transfer of, must have written consent of market inspector, failure of misdemeanor. 334. Lease, how cancelled by city. 335. Market inspector, duties of. 336. Authority and powers of. 337. Cleaning and sprinkling, by whom. 338 Inspectors duties concerning. 339. Scales to be kept, articles weighed, fees therefor, etc. 340. Articles to be seized and for- feited to city, when, proceeds of same. 34 1. Persons to be removed from market place, when and by whom. 342. Receiving money not authoriz- ed, or more than allowed, or failure to receipt for, misde- meanor, punishment. 343. Market, must keep open when etc. 344. City bell, to be rung when. 345. Stalls and stands, cleaned by lessee, etc. 346. Water hydrants, market to have. 347. Lessee to sell only at stand, others prohibited, etc. 348. Farmers may sell by quarter, etc,, what and how, game. Section. 349. Diseased or .sick animals, not to sell, etc. 350. Di.seased, impure, etc., meats, etc , exposed for sale, unlaw- ful, penalty and punishment. 351. Vehicle, to be removed when article sold. 352. Coffee, refreshments, may sell, when. 353. Fuel, etc , not to be lighted when, exceptions. 354. Lounging, loafing, ets., pro- hibited. 355. Intoxicated persons prohib- ited. 356. Dogs and unruly animals, not permit' ed. 357. Sales, inspector to superin- tend, etc. 358. Offer for sale, meaning of. 359. Failure to offer for sale, for- feits lease, when. 360. Forfeiture of lease, two con- victions, etc. 361. Committee on public build- ings, dutv as to stands and r.talls. 362. Rules of, to be printed and posted. 363. Meat shops, within .six blocks, prohibited, misdemeanor and punishment. 364. City market inspector, office of created, bond. 365. To examine and test weights, measures, etc., report, fees, etc. 366. Weights, scales, etc., subject to inspection, when. 367. Owners of to have tested, etc.. misdemeanor to use false, etc., punishment. 368. Seller to weigh on city scales, when, fee and certificate of. 369. Certificate, not to sell or buy wittiout, licensed business ex- cepted. 370. Wood to be measured, etc, certificate and fee. 371. Misdemeanor, breach of this article or interference with officer. REVISED ORDINANCES. 3OI Section. 321. Lots one, two, three, four and five in block Forty-four in the city of Sedaha, bounded north by Second street, east by Osage street, south by an alley, and west by Kentucky street, shall constitute and be known as the city market place, and the buildings thereon shall be known and de- signated as the city hall building and market house. The said buildings and grounds and the building grounds surround- ing said building shall be always kept clean by direction of the city market inspector. Sec. 322. The space abutting the sidewalk outside of the market house and not occupied by buildings are hereby appro- priated and set apart for stands to be used for the sale of vege- tables and other articles, which under the city ordinances are al- lowed *o be sold outside of the market house at wholesale or re- tail from tables, vehicles or in any other manner. Each stand or vehicle shall be made to occupy not less than eight nor more than twelve feet along the sidewalk, the space under the market house shed being reserved for special stands. Sec. 323. All vehicles attending market shall, in taking their positions at the sidewalk, be separated at least three feet. Sec. 324. All the inner portion of the market house shall be and is hereby set apart for butcher stalls, but when not used for that purpose may be used under the directions of the com- mittee on public buildings and the city market inspector, for the sale of fresh and cured meats, dressed fowls and all other kinds of provisions, vegetables or go^ds, or for restaurant purposes. Sec. 325. It shall not be lawful for vehicles to occupy or remain a longer time than may be necessary on the market place to the detriment of the business of any merchant; and when market wagons obstruct the delivery of the goods of any merchant or business man or other person, it shall be the duty of the city market inspector to cause said market wagons to be removed. Sec. 326. The interior of the market house as now ex- isting shall be divided into stands for butchers and others as fol- lows: The front or main portion of the building shall be di- 302 REVISED ORDINANCES. vided into four stands as nearly equal and convenient in size and location as the building will permit and numbered consecutively, one, two, three and four. Number one shall be located in the north-west corner of the main building; number two in the north- east; number three in the south-east; and number four in the south-west corner of the main building. The rear or "L" portion shall be divided into four stands, as nearly equal and con- venient in size and location as that portion of the building will permit, and shall be numbered consecutively from five to eight. Number five-shall be located in the south-east; number six in the south-west; number seven in the north-west and number eight in the north-east corner of said rear portion of the market house. A plat of the said stands shall be kept by the market inspector or other person or officer having charge of said market house, which shall designate the exact portion set apart for each stand, and the space set apart for aisles and passage ways and entrances, and no person occupying any such stand will be per- mitted to use for business, or obstruct in any way any passage way or entrance. Sec. 327. The stands in the market house and all other stands and stalls shall be rented by the market inspector or other person or officer duly authorized by the city council, on or be- fore the first day of December 1890, and thereafter at least ten days before the first days of November and May of each year; Provided , that before such renting shall take place the city coun- cil shall establish the terms of the renting and grade the prices of all stands and stalls according to the different purposes for which they are to be used, and according to the location. Notice of such leasing or renting shall be given by five insertions in the newspaper doing the city printing, the last insertion to be not more than two days before the time fixed for such renting, said notice shall state the time and place, and the manner of such renting, and such renting shall be by auction except that the oc- cupiers of any stand or stall who have not been guilty of a viola- tion of any of the market house regulations and are not in arrears for rent shall be entitled to rerent their respective stands and REVISED ORDINANCES. 303 Stalls; at the graded price, on complying with all other con- ditions and provisions of ordinances relating to such stalls : Provided^ that no person shall be allowed to rent directly or indirctly more than one stand. Sec. 328. Every person bidding off, or taking at its valu- ation, any stall or stand shall at the time of so doing pay to the market inspector or other person or ofBcer at the time having authority to receive such rent, one-fourth of the annual amount of his rent at the rate at which he contracts for such stand or stall, and within ten days shall execute a lease to the city of Sedalia, with two good securities to be approved by the mayor, for the payment of all rent quarterly in advance and a perform- ance of the other obligations herein provided for and of the obligations of his lease ; and a non-payment of any rent when due, or any other failure to comply with the conditions of his lease, or the provisions of any ordinance relating thereto, shall work a forfeiture of said lease and of such stand or stall. And any person failing to execute a lease as above provided, or shall violate any of the rules or regulations made in pursuance of any ordinance shall forthwith forfeit such stand or stall and all money that may be paid thereon. Sec. 329. Vacant stands and stalls not rented as required in the foregoing sections, or which, by forfeiture to the city, or for any other reason, become vacant, may be rented for the best attainable price and length of term or time; Provided, that stalls shall not be rented for less than one month, and stands shall not be rented, nor an)^ person allowed to sell at retail, veg- etables, fruit or other commodities in the market or market place, by the day or for a single day, for less than twenty-five cents. Sec. 330. Each butcher renting a stall shall, as a condi- tion of such leasing, be bound, if required by the market in- spector, to annually paint his stall such a color, and at such a time, as shall be required by the market inspector, and all stalls shall be of a uniform color. 304 REVISED ORDINANCES. Sec. 331. Every lessee of a stall or stand to be used for a longer time t'lan three months shall execute a lease therefor, with two good securities, to be approved by the mayor, for the payment of all rent, quarterly, in advance, and a performance of other obligations created and provided for by ordinance; and the non-payment of any rent when due, or any other failure to comply with the conditions of such lease or ordinance, shall work a forfeiture of said lease, and of such stand or stall. Sec. 332. No person without a lease, or other proper permit from the cit)' market inspector, or whose lease or legal permit shall have been forfeited, shall, for any purpose, occupy any stand or stall in said market or market place. Sec ^^],. No transfer of any stand or stall shall, or can, be made, without the written consent of the city market in- spector; and any person violating any of the provisions of this or the next preceding section shall be deemed guilty of a mis- demeanor, and, upcn conviction thereof, be punished bj' a fine of not less than three nor more than fifty dollars. Sec. 334. The renting of all stands and stalls in the mar- ket shall be subject to the condition that the lease therefor may be cancelled by the city at any time after three months notice to the lessee, and returning to him the proportionate amount of rent paid, according to the unexpired time of the lease. Skc. 335. It shall be the duty of the city market in- spector, first, to exercise a general supervision over the market house, and to enforce the regulations established for the govern- ment thereof; second, to assign places for wagons and persons attending the market, and enforce order among them ; third, to exercise a general care and custody of the market house and all appurtenances thereof; fourth, to examine the quality of all ar- ticles offered for sale in the market, and to seize all blown, un- sound, diseased, impure or unwholesome articles exposed for sale at any place within the city; fifth, to examine weights and measures of all articles offered for sale at any place in the city, and to seize all which are of less weight or measure than repre- sented by the seller; sixth, to enforce order in the market place REVISED ORDINAN'CES. 305 and decide all disputes between sellers and buyers touching the weight or measure of any article; seventh, to attend, either in person or by deputy, at the market every day, during the mar- ket hours ; eighth , to receive from the committee on public buildings, printed tickets for the rent of stands or stalls, for short periods, and to sign and deliver the same to renters of stalls and stands, and collect the money therefor; ninth, to pay into the city treasury all moneys received by him, on account of the city, at least once in every week; tenth, to inspect all slaughter houses, and see that they are kept clean, and that no diseased or unwholesome cattle or animals are slaughtered for market; to inspect and test the purity, quality and measure of all milk offered for sale, and he shall have full power to enter any premises or open any vessel for that purpose. Sec. 336. To secure an etiticient performance of his du- ties, the city market inspector is invested with full power and authorit}' to summarially enforce all ordinances, rules and reg- ulations, in all matters connected with the market, and all per- sons are required to obey his rules, regulations and directions in such matters. Sec. 3^,7. The city market inspector shall superintend the cleaning of the market house, and market place, and cause the street foot-way and market place to be sprinkled with water, whenever it shall be necessary, to prevent or lay the dust, and for that purpose may use water from the waterworks, and the hose provided by the city. Sec. 338. The city market inspector shall cause the mar- ket house, and market place to be thoroughly cleansed; he shall remove all filth therefrom, and shall keep the footways and steps, in the winter season, free of ice and snow. Sec. 339. The cit)- market inspector shall keep as many scales and other implements for weighing, duly stamped and certified, as may be necessary to conveniently do all the weigh- ing in said market, and shall whenever requested, weigh all ar- ticles belonging to the marketers and others intended for sale, and shall be allowed to charge five cents for each separate or 306 REVISED ORDINANCES. single lot of articles weighed, to be paid by the person or per- sons requesting the same to be weighed. Any person wi.o shall weigh any articles of marketing within the market place, and charge therefor, except the city market inspector and city weigh- master, or his legal deputy, shall be deemed guilty of a misdemeanor, and on conviction thereof be fined not less than one, nor more than one hundred dollars for each offense. Sec. 340. It shall be the duty of the city market in- spector to seize all articles offered for sale in market, which are prohibited by , ordinance, or which are exposed for sale without the vender having proper authority according to ordinance, or where such articles or things are short in weight or measure, according to the representation of the venders ; all of which articles or things so seized, shall be forfeited to the city, and sold at public outcry by the city market inspector, and the pro- ceeds paid into the city treasury; provided, that nothing in this article shall prevent the sale of every description or kind of berries, and tender fruits, by the package, and said pack- ages shall not be required to be guaged or stamped, nor for- feited for short weight or measure, but shall be weighed or measured at the option of the buyer. Sec. 341. It is hereby made the duty of the city market inspector to order or remove from the market house, or market place, in a summary manner, any person who is guilty of any violence, turbulent or disorderly conduct, or who shall in any way interfere with him, or distuib the marketers or buyers; or who shall violate or refuse to obey any ordinance, rule or regu- lation for the government of the market or market place; or who shall expose as if for sale, sell or attempt to sell, any thing in the market place that is prohibited by ordinance ; or who shall sell, or offer for sale, or expose as intended for sale, any thing in the market, or market place, without first having obtained a license or other proper authority so to do, according to the spirit and intent of the ordinances of the city. Sec. 342. The city market inspector receiving any money in pursuance of the provisions of any ordinance, and failing or R K V 1 S 1 •: I ) n l< 1 ) I x A \ (■ KS . 307 refusing to give the proper receipt therefor, or charging oi- re- ceiving more than is allowed by ordinance, shall bi- deemed guilty of a misdemeanor, and upon conviction thereof fined not less than \'\\c dollars nor more than one hundred dollars, and for the second offense he ma\- l)e removed from ofl'ice b>' the city council. Sl';c. 343. Said market shall be o[K'n for the sale of nu'ats, vegetables, victuals, provisions, and all other articles allowed to be sold therein, during the usual hours of such business every day during the year, Suntlays excepted ; provided , that fresh meats of all kinds may be sold 7 ■ It shall be the duty of all persons u-^ing weights, measures, scales or other things for weighing or meas- uring any article for sale in this city, to cause the same to be examined, tested and sealed as hereinbefore provided ; and whenever the same has not been done at the time of the regular inspection, or within ten days thereafter, it shall be their duty to notify the inspector who shall proceed at once to make said inspection. Any person who, within this city, shall use any false weights, measures or scales, or cause the same to be done, shall be deemed guilty of a misdemeanor, and upon conviction thereof, punished by a fine of not less than five nor more than one hundred dollars. Sec. 368. Every person who shall sell coal, lime or any other article of merchandise, hay, corn, oats or other garden or farm product in bulk or by the wagon load, within the city of Sedalia, shall cause the same to be weighed on the city scales before delivery unless dispensed with by agreement between the seller and buyer, and for every article or commodity so weighed pay to the city weigher, unless otherwise provided by the city council, the sum of fifteen cents, and the city weigher shall de- liver to every such person a certificate thereof, the form of which certificate and the manner of keeping a record thereof and the reports and returns of proceeds for all weighing done by the city weigher on the city scales, shall be prescribed by the committee on public buildings, subject to the approval of the city council. Sec. 369. No person shall sell any commodity required to be weighed on the city scales unless he shall first obtain a certificate from the city weigher, stating the weight of the load offered for sale ; and no person shall purchase any commodity required to be weighed on the city scales unless the person offer- ing the same for sale, shall first produce the above mentioned certificate. Provided, that nothing herein shall be so construed as to prohibit any person, firm or corporation doing business under a license issued by the city of Sedalia, from weighing upon REVISED ORDINANCES. ^5 I ^5 their own scales when the same is bona f.de, such articles or commodities as are bought or sold by such person, firm or cor- poration in carrying on the business for which their license has been obtained. Sec. 370. It shall be the duty of the city weigh m ster to measure accurately all loads of wood exposed for sale in the city of Sedalia, except at a regular licensed wood-yard, and fur- nish to each owner or person in charge of such wood a ticket having legibly inscribed the owners name, the date of "measure- ment and the number of cords in cubic feet of wood contained in such load, signed b\' the inspector; he shall charge the owner or person having charge of each load of wood for the measuring of the same aforesaid, the sum of five cents for each load, which he shall report monthly to the council. Sec. 371. Any person violating any of the provisions of this article, or any person or persons, who shall in any way ob- struct, hinder or delay any officer or other person in the perform- ance of their duties, as herein provided, by intimidation, 'threats or otherwise, such person or persons shall be deemed guilty of a misdemeanor and upon conviction thereof, unless otherwise spec- ially pro\'ided for, be punished by a fine of not less than one nor more than one hundred dollars. 314 REVISED ORDINANCES. CHAPTER 17. MISDEMEANORS. .\RTICIvE I. Offenses Against Offcial Authority. ARTICLE II. — Offenses Against Public Morals and Decency. ARTICLE III. Offenses Against Public Safety and Convenience. ARTICLE IV.— rffenses Against Public Order. ARTICLE v.— Miscellaneous Offenses. ARTICLE I. OFFENSES AGAINST OFFICIAL AUTHORITY. Section. | Section. 372. Officer, to resist, etc., penalty. | 373 Falsely representing, etc. Section. 372. Whoever shall in this city willfully and knowingly obstruct, resist, or oppose any officer of the city, or any other person duly authorized, in executing or attempting to execute and carry into effect any ordinance or order passed or made by the proper authorities of this city, or in serving, or in attempting to serve any legal writ, warrant, process or order, issued by the mayor or other officer of the city, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be pun- ished by a fine of not less than one, nor more than one hundred dollars. Sec 373. Whoever shall in this city falsely represent or attempt to impose himself upon any person as a policeman, marshal or any other city officer, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than one, nor more than one hundred dollars. REVISED ORDINANCES. 315 ARTICLE II, OFFENSES AGAINST PUBLIC MORALS AND DECENCY. Section 374. Misdemeanor, to be intoxicat- ed on street, etc., punishment. 375. Bathing, etc., exposure of person, punishment 376. Gaming tables, keeping, per- Section. etc., after midnight or on Sunday. 380. Dram-shop keeper, to employ- female other than wife, etc., misdemeanor. mitting, etc., penalty. 381. Stallions and Jacks, keeping, 377. To be found with lewd women breeding, etc., mi.sdemeanor, or in bawdy house, or loiter- when. ing about the streets, etc., 382. Selling liquor to minor punishment. 383. Bawdy house, to keep, be 378. Variet}' show, dance house, to found in, etc., misdemeanor, keep, etc., punishment. 1 384. Keeper of, who deemed. 379. Intoxicating liquor, selling of, ' Sec. 374. Whoever shall be found in a state of intoxica- tion in any street, highway, thoroughfare, or other public place in this city, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not less than one, nor more than one hundred dollars. Sec. 375. Whoever shall bathe, wash or swim in any wa<-er course, pool or pond in the city, during the hours of day- light, being naked or not suflficiently clothed to prevent im- proper exposure of his or her person, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than one, nor more than one hundred dollars. Sec. 376 Whoever shall in this city set up or keep any gaming table or gambling device at which any game of chance shall be played for money or property, or shall at any such table or device, or at any game of chance, bet, win or lose any money or property, either in specie or by means of anything representing the same, or shall suffer any such table or device at which any game of chance is played to be set up or used in any tenement in his possession or under his control, shall be deemed guilty of a misdemeanor, and upon convictitm thereof be punished by a fine of not less than twenty-five, nor more than one hundred dollars. 3l6 REVISED ORDINANCES. Sec. ITJ ■ Whoever shall be found in a house of ill-fame, or a bawdy house, or whoever shall be found in company with lewd women or prostitutes, or whoever shall be found strolling or lurking about the city after sundown in a suspicious manner, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than one nor more than one hundred dollars. Sec. 378. Whoever shall in this city, manage a variety or other show of immoral, vicious or depraved tendency, keep a dance house, or disorderly house, or shall permit any tenement in his or hei possession, or under his or her control, to be used for any such purposes, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than twenty-five, nor more than one hundred dollars. Sec. 379. Any person having a license as a dram-shop keeper who shall keep open such dram-shop, or shall sell, give away, or otherwise dispose of, or suffer the same to be done, upon or about his premises, any intoxicating liquors during the hours from twelve o'clock at night to the next succeeding day- light, or during the first day of the week, commonly called Su--!- day, shall be deemed guilty of a misdemeanor, and upon con- viction thereof, be fined not less than ten, nor more than one hundred dollars. Sec. 380. Any owner, proprietor or keeper of any dram- shop, wine or beer saloon, who shall employ, or suffer to be em- ployed, any female other than the wife, daughter, mother or sis- ter of the owner, as a servant, bartender, waiter, dancer or singer in said dram-shop, wine or beer saloon, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than fifty, nor more than one hundred dollars. Sec. 381. The keeping and standing of stallions and jacks for breeding purposes within three hundred yards of any house occupied by any family as a residence, within the city, shall be deemed a nuisance, and is hereby prohibited. And whenever any stallion or jack is bred to any mare or jennet within the lim- REVISED ORDIxXANCES. 317 its of the city, the same shall be done in an enclosure so as to be entirely shut off from view, from any street or public place in the city, and any person violating any of the provisions of this section, shall be deemeo guilty of a misdemeanor, and upon con- viction thereof, shall be fined not less than twenty-five dollars, nor more than one hundred dollars. Sec. 382. It shall hereafter be unlawful for the keeper of any dram-shop, wine or beer house, to sell, giveaway, or other- wise dispose of, or suffer the same to be done about his prem- ises, any intoxicating liquors to any minor, or suffer any such minor to play at any game within any such dram-shop, wine or beer house. And any person violating the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, bo fined not le'^s than one dollar, nor more than one hundred dollars. Sec. 383. Whoever shall, in this city, keep a bawdy house, house of ill fame or of assignation, or shall keep or occu- py any room or rooms to which any person or persons shall re- sort for the purpose of prostitution or illicit commerce, or who- ever shall be found in such room or rooms without being able to give a good reason or account therefor, or whoever shall permit any tenement in his or her possession, or under his or her con- trol, to be used for any such purpose, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty, nor more than one hundred dollars. Sec. 384. Every person who shall appear to be, or act as master or mistress, or have the care, use or management of any tenement in which is kept any bawdy house, house of ill fame or assignation, shall be deemed the keeper thereof, within the meaning of the next preceding section. 3i8 REVISED ORDINANCES. ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY AND CONVENIENCE. Section. 394. Birds, to kill, rob nests, etc., punishment 395. Car, locomotive, etc., to jump from, climb upon, etc., misde- meanor. 396. Depot, etc., to loiter or loaf about, when. 397. Applicable, to whom. 398. Street railway, obstruction of, etc., misdemeanor. 399. Hedge fences, to be cut, trimmed, etc., failure to, mis- demeanor. 400. Coal oil, etc., not to be kept in excess of three barrels, when. 401. Violation of preceding sec- tion, punishment 402. Barbed wire fence along street, etc., misdemeanor. Section. 385. To obstruct sidewalk with wagon, horse, etc., or to drive or ride at immoderate pace, misdemeanor. 386. Conductor, etc., bringing pau- per, etc., in cit}', misdemeanor. 387. Ashes. paper, straw, etc., thrown upon street. 388. Water, sl6p, etc., thrown from window. 389. Offal, refuse, dead animals, etc., placed upon street, pun- ishment. 390. Street or sidewalk, obstruction of, misdemeanor. 391. Obstruction of, by railroad, car, etc. 392. Cellar door, grating, etc., left open, misdemeanor. 393. Minor, to climb or hang upon car. Section 385. Whoever shall in this city lead, drive, ride or place any beast of burden or any vehicle on any sidewalk or footway otherwise than going into or going out of any premises owned or occupied by him or his employer, or shall hitch or fasten any horse or other animal to any railing, fence, tree or in any manner so as to obstruct any sidewalk or footway, or shall run any horse, mare, gelding, mule, jack or jennet, or drive any wheel carriage beyond a moderate pace in any street or gublic highway within the city, unless in case of urgent necessity, or who shall leave any team or beast of burden in any of the sireets, alleys or public places hitched to any wagon, car- riage, dray or other vehicle, whereby such team or beast of burden will be left in danger of running away, shall be deemed guilty of a misdemeanor, and, upon conviction 'hereof, be pun- ished by a fine of not less than one nor more than one hundred dollars. Sec 386. Any conductor of any train of any railroad company running its cars into or through this city, or any other REVISED ORDINANCES. 319 person who shall bring into, put off, or leave in this city any pauper, lunatic, or person of unsound mind, without protection, shall, upon conviction thereof, be deemed guilty of a misde- meanor, and be punished by a fine of not less than one nor more than one hundred dollars. Sec. 387. Whoever shall in this city throw upon any street any ashes, loose paper, straw, or broken boxes, or any other rubbish that is liable to communicate fire, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine of not less than five nor more than twenty dollars. Sec. 388. Whoever shall throw from the windows or up- per stories of any buildings in this city, into the street or alley or private ground, not owned or controlled by themselves, any water, slop, or rubbish, or any other thing calculated to en- danger the comfort or safety of persons passing along the street or alley, or using such private ground, shall upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine of not less than one, nor more than one hundred dollars. Sec. 389. Whoever in this city shall empty any dirt, stone or gravel, or place any dead animal of any kind whatever or any sick, crippled or diseased animal liable to die, or any offal, rubbish, refuse, or offensive matter of any description upon any street, alley or avenue, or upon any lot or piece of ground except such as the city shall designate for that purpose, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not less than one, nor more than one hundred dollars. Sec, 390. Whoever shall in this city obstruct any street, alley or sidewalk by putting merchandise or any other thing thereon, or suffering or causing the same to be done, except in receiving or discharging goods in due course of business, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not less than one, nor more than one hundred dollars. 320 REVISED ORDINANCES. Skc. 391. Whoever shall in this city obstruct any street for ten minutes at any one time, by suffering any locomotive or railroad cars to stand on any railroad tracks where the same shall cross any such street, so that persons and teams can not cross said railroad, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not less than ten, nor more than one hundred dollars. Sec". 392. Whoever shall keep or leave open any cellar door or grating of any vault, on any street, highway or side- walk, or shall suffer any such grating or door belonging to the premises occupied by him to be in an insecure or unsafe con- dition, or whoever shall suffer any well, cistern or other excava- tion on premises owned or occupied by him to remain uncovered or in an unsafe condition, shall, be deemed guilty of a misde- meanor, and upon conviction thereof shall be punished by a fine not less than five, nor more than one hundred dollars. Sec. 393. Any minor under the age of eighteen years who shall, without having authority to do so, mount or climb upon, enter or hang to any car or locomotive engine while the same is in motion, or is attached to any train or locomotive engine, or while the same is standing upon any track within the city, shall, upon conviction thereof, be deemed guilty of a misde- meanor, and be punished by a fine not less than one. nor more than one hundred dollars. Sec. 394. Whoever shall kill, attempt to kill or injure any of the wild birds at large in this city, or to rob, destroy, or in any way unnecessarily molest the nests of such birds, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one, nor more than twenty dollars. Sec. 395. Whoever shall mount, or climb upon, hang to, or enter, or jump from, any car or locomotive engine, while the same is in motion, or attached to any train or locomotive engine, or while the same is standing upon a track in this city, or upon any street car, shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not less than five nor more than one hundred dollars. REVISED ORDINANCES. 32 I Sec. 396. Whoever shall loiter or loaf in, around or about any railroad depot, shop, yard, or office, without being able to give a good account of himself, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall b-^ f-ned not less than one nor more than fift)- dollars. Sec. 307. The two preceding sections shall not apply to any employes of the railroad company then acting as such, nor any passenger, or under the rules of the company then operating the road, and it shall devolve on the defendant to set up and show such excuses. Sec. 398. Any person who shall place upon the street railway in this city any obstructions, rocks or torpedoes, shall be deemed guilty of a misdemeanor, and upon conviction there- of, be punished by a fine of not less than five nor more than one hundred dollars. Sec. 399. Every person owning a hedge fence upon the line of any public street or alley in the city is hereby required to cut the same down to the height of not more than four feet, once in every year, and in no case shall any such hedge be al- lowed to extend over or into any sidewalk, street or alley, or in any manner obstruct such sidewalk, street or alley, and all such hedges shall be trimmed and cut so as not in any manner be dangerous or inconvenient to the use of such sidewalk, street or alley to the public. And it shall be the duty of the city marshal to notify, in writing, the owner or their agents, to cut and trim such hedges as herein required and any owner of such hedges who shall fail to comply with the provisions of this sec- tion within thirty days after such notice shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than one nor more than one hundred dollars, and the city mar- shal shall or may cut and trim the said hedges at the expense of such owner. Sec. 400. All persons owning, controlling, trading in, or in any mannef connected with, or having an interest in coal oil, petroleum or gasoline, or other combustible or explosive ma- terials of the same or like nature, shall not keep the same within 322 REVISED ORDINANCES. any building within the city limits in quantities exceeding three barrels, in any one building or place of business. But all such persons maybe permitted to keep such combustible or explosive materials in greater quantities than three barrels, within the city limits : Provided, that the same shall not be stored or kept in any building, but placed outside of any building, in some open space where the same may be easily removed in case of fire; and such commodity, when placed outside of any building, shall not ob- struct any sidewalk, street or alley. Sec. 401. Any person violating any of the provisions of the next preceding section, shall, be deemed guilty of a misde- meanor, and upon conviction thereof, be punished by a fine of not less than ten, nor more than one hundred dollars. Sec. 402. It shall be unlawful for any person to erect or maintain along any public street, alley or other highway, within the corporate limits of the city of Sedalia, any fence composed in whole or part of barb wire. Any person violating the pro- visions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than five, nor more than twenty-five dollars, and each day that such fence shall be allowed to stand shall constitute a sepa- rate offense. i REVISED ORDINANCES. 323 ARTICLE IV. OFFENSES AGAINST PUBLIC ORDER. Section. 403. Three or more to agree to do unlawful act, misdemeanor. 404. Religious worship, disturbance of. what. 405. Lawful assembly, etc., dis- turbance of, loitering about streets, hotels, etc., misde- meanor, when. 406. Bell, etc., used at auction, when. Section. 407. Gun, etc., discharge of 408. Wife, child, etc., mistreatment of. 409. Disturbance of peace, what, punishment. 410. Toy pistol, sale, loan, etc., to minor. 4x1. Discharge of in city limits, misdemeanor. Section 403. Any three or more persons who shall in this cicy assemble together with an intent, or being assembled, shall mutually agree, to do any unlawful act with force and vio- lence, against the property of this city, or the person or prop- erty of others, or against the peace, or to the terror of others, or shall make any movement or preparation therefor, and any person present at such meeting or assembly who shall not en- deavor to prevent the commission or preparation of any such unlawful act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one nor more than one hundred dollars. Sec. 404. Whoever shall disturb or interrupt any assem- bly or congregation met for religious worship, by making any noise, or by rude and indecent behavior, or by profane language, within or near the place of such meeting of such assembly or congregation, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one nor more than one hundred dollars. Sec. 405. Any person who shall in this city disturb any lawful assembly of people, by rude, boisterous or indecent be- havior, or shall be found loitering so as to hinder, delay or annoy any person or persons at the corner of the streets, or at any place on any street or thoroughfare, or in or about any 324 REVISED ORDINANCES. place of amusement, or hotel, depot, offices or any other place of business, or in or about the postoffice, and refuse to disperse from or vacate such place when requested to do so by any police officer, or any person having lawful control of any such place or places, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than one hundred dollars. Sec. 406. Whoever shall use, or cause to be used, any bell or other loud-sounding instrument as a means of attracting people to an auction or other place, whereby persons in the same vicinity shall be annoyed or disturbed, or the peace, good order or quiet of the city shall be disturbed, shall be deemed guilty of a n\isdemeanor, and upon conviction thereof, shall be fined not less than five nor more than one hundred dollars. Sec. 407. Whoever shall fire off or discharge, within the city limits, any musket, fowling piece, gun, revolver, pistol or other firearms, loaded with gunpowder or other explosive or combustible material, or any air gun, shall be deemed guilty of a disdemeanor. Sec. 408. Whoever shall cruelly or inhumanly beat, in- jure or mistreat his own wife or child, or step-child or appren- tice, or any minor under his or htr control, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ten nor more than one hun- dred dollars. Sec. 409. Every person who shall willfully and unlaw- fully disturb the peace of the city, or of any neighborhood of the city, or any family or person, by loud and unusual noise, or by profane or obscene or indecent or offensive language, or by any lewd or dangerous or indecent conduct or carriage, or by challenging, or threatening, or assaulting, striking or attempt- ing to strike, or by fighting another, and whosoever shall un- lawfully permit any conduct in or about any house or premises, under his or her management or contix>l, whereby the peace and good order of the city, or any neighborhood in the cit}'-, or any family or person shall be disturbed, shall be deemed guilty of a REVISED ORDINANCES. 325 misdemeanor, and upon conviction, shall be punished by a fine of not less than one nor more than one hundred dollars, or by imprisonment in the city jail not exceeding three months, or by both such fine and imprisonment. Sec. 410. Any person who shall sell or offer for sale, loan or barter, to any minor, a pistol, or pistols commonly des- ignat3d as toy pistols, within the Cit)' of Sedalia, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars. Sec. 411. Any person who shall carry, exhibit, display or discharge within the corporate limits of the City of Sedalia, Missouri, any pistol commonly designated as a toy pistol, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine of not less than five nor more than one hundred dollars. 326 REVISED ORDINANCES. ARTICLE V. MISCELLANEOUS OFFENSES. Section 412. Misdemeanor, to exhibit stal- lion, jack, bull, etc.. on street, etc. 413. Bicycle, roller skates, etc., to use, etc., on sidewalk. 414 Running steam engine, exhib- iting machinery, etc., on street, wjien. 415. Wagons, etc., standing upon street, etc., when. 416. Hand bill, etc., tQ post on property, when, on sidewalk. 417. Policeman's whistle, other than officer to blow, misde- meanor. 418. False alarm of fire, unlawful. 419. Horse, etc., hitched to tree or case, etc., misdemeanor. 420. House, fence, etc., to cut, in- jure, deface, etc. 421. Trespass on property of asso- ciations, etc., when. 422. To break or escape from cala- boose or officer. 423. To convey means of escape to prisoners. 424. Escape, etc , from street com- missioner, penalty. 425. Rubbish, filth, etc., on va- cant lots, etc. 426. Dirt, offal, etc., to spill or drop on street, misdemeanor. 427. Lamp post, gas jet, etc., to de- face, hitch to, etc , misde- meanor. 428. Spikes, etc., along railings, etc., unlawful. 429. Dogs, etc., to cause to fight on street, etc. 430. Games, etc., on street, pro- hibited, what. Section 43[. Gunpowder, etc., what amount to be kept, etc. 432. Personal property, to bu}^ etc., from minor, misdemeanor. 433. Concealed weapons, carrj'ing of 434. Assault, when not otherwise defined. 435. Fight, etc., by agreement or otherwise, when. 436. Lodger, etc., in bawdy house, etc., misdemeanor. 437. Prostitute, etc., to ply voca- tion. 438. To rent, occupy, etc., rooms for prostitution. 439. Petty larceny, what consti tutes. 440. Disorderly house, etc., to keep, etc. 441. Exposure of person, lewd con- duct, sale of immoral book, etc , misdemeanor. 442. Misdemeanor, penalty, when not otherwise prescribed. 443. Pigeons, to keep, have, etc., misdemeanor. 444. Marshal to shoot, when. 445. Poles, to mar, or post bills on, etc., misdemeanor. 446. Shade trees and public prop- erty, to injure, etc. 447. Vagrants, who deemed, pun- ishment. 448. Tree, fence, etc., to break, cut, etc., punishment. 449. Sidewalks, grass, weeds, etc., to be cut from, penalty for failure. Section 412. No person shall exhibit any stallion, jack or bull upon any public square, street, avenue or alley within this city. Sec, 413. It shall be unlawful for any person to push or ride any bicycle or tricycle on or over any sidewalk, or skate on REVISED ORDINANCES. 327 or over any sidewalk on roller skates, and any person who vio- lates this section shall be guilty of a misdemeanor. Sec. 414. No person shall exhibit any kind of machin- ery upon any public square, street, avenue or alley within this city, and no person shall run or take any road steam engine through any such square, street, avenue or alley unless he shall send a messenger along with, and at least one hundred feet in advance of. such engine to notify the public of its coming. And it shall be unlawful for any person to blow or sound the whistle of any such engine while passing through said city. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than ten dollars nor more than fifty dollars. Sec. 415. No licensed vehicle used for job hauling, nor any wagon loaded with wood, corn, hay, straw, oats or melons, shall stand upon any public square, street, avenue or alley within this city for the purpose of soliciting custom, trade or business. All such vehicles and wagons shall stand upon one of the city lots. Sec. 416. No person shall within this city, paste, tack, nail, post, paint, stamp or print any poster, hand bill, card, advertisement or notice of any kind whatever, upon any wall, fence, house, door post, either private or public, without first having obtained permission, in writing, from the owner or agent of the property on which the same is situated. And no such hand bill or advertisement shall be posted or pasted on or upon any sidewalk whatever. Sec. 417. No person except executive and police ofificers of the city and persons authorized by the mayor or marshal shall blow or sound the whistle known as "Bank's Patent," or "Overman Wheel Company's whistle," commonly called a policeman's whistle. Sec. 418. No person shall, intentionally, give or make, or cause to be given or made, any false alarm of fire. Sec. 419. No person shall hitch or fasten, or cause to be hitched or fastened, any animal to any ornamental or shade 328 REVISED ORDINANCES. tree, in or upon any street, avenue, alley, sidewalk, park, pub- lic square, or to any case or box around any such tree ; nor shall any person stop, stand, or fasten any animal so near to any such tree, case or box, that such animal can bite, or injure such tree, case or box ; nor shall any person climb up or upon any such tree, case or box. Sec. 420. Whoever shall within this city tamper with, break or cut, deface or injure, in any manner whatever, any house, building, fence, gate, sign, tree box. ornament or shade tree, shrubbe;-y, lamp post, awning post, telephone, telegraph or electric light pole or wire, or fire alarm box or wire, or any other property of any kind belonging to the city, or to any private person, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than one hundred dollars. Sec. 421. Whoever shall enter upon the enclosed grounds of any private park, fair association, agricultural or horticult- ural society, or into any building, house or out-house, or prop- erty of any such park or association, at any time, without the consent of the owner or occupier thereof ; and whoever shall climb upon or over the fences, enclosures, buildings or property thereof, or whoever shall in any way injure or damage any fence, house or out-house, or any property of any such park or association, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less , than one nor more than twenty-five dollars. Sec. 422. If any person confined, imprisoned or detained in the city prison or calaboose, or be in charge of any police of- ficer, or other person having authority to arrest or detain him upon a charge of a violation of any ordinance of this city, or after a conviction for such offense, shall break said prison or cal- aboose and escape therefrom, or from any ?uch officer, he shall be deemed guilty of a misdemeanor. Sec. 423. If any person shall convey into the city prison or calaboose any disguised instrument or thing proper or useful to aid any prisoner detained in the city prison or calaboose to REVISED ORDINANCES. 329 escape therefrom, whether such esc3pe shall be effected or not, he shall be deemed guilty of a misdemeanor. Sec. 424. Any prisoner or person committed to the city prison or calaboose by reason of a default in payment of any fine or costs, or an}' portion thereof, who, while in charge of the street commissioner at work on the streets, or going to or from work on the streets, shall escape or attempt to escape from the said street commissioner, shall be deemed guilty of a misde- meanor. Sec. 425. It shall be the duty of every owner of vacant property, and every agent or other person having control, charge, authority of management over or concerning any such property, to keep the same free and clear from any and all rub- bish and filth of every kind and description, and of all weeds, water, pools and ponds. Any person violating any of the pro- visions of this section shall, on conviction, be deemed guilty of a misdemeanor, and shall be fined for each and every day, or fraction thereof, he shall allow or permit any such rubbish, filth, water, pools or ponds to be and remain on any such vacant property, in any sum not less than one nor more than twenty- five dollars. Sec. 426. Every person engaged in hauling or removing earth, sand, rock, manure, rubbish, offal or other material shall have boxes on his wagon, cart or other vehicle, and the same so constructed with good, tight side, end and bottom boards, as to prevent the dropping, spilling or wasting of such earth, sand, rock, manure, rubbish, offal or other material in or upon any street, avenue or alley, and no person shall drop, waste, spill or deposit any such earth, sand, rock, manure, rubish or other material on or upon any street, avenue or alley. Sec. 427. No person shall wilfully or carelessly break, injure, deface or damage or otherwise interfere with any lamp post or public lamp, gas jet or any lamp, gas jet or light of any kind, kept or maintained at any place for public safety or convenience, or in compliance with the provisions of any ordinance, or shall, without authority, light or extinguish any 330 REVISED ORDINANCES. such lamp, or shall hitch or fasten any animal to any lamp post, telegraph pole, telephone pole, fire plug or hydrant. Sec. 428. No person shall place, or permit to be placed or remain, on or along any railing or building front, or any part of any building, fence or premises, adjacent or contiguous to any street or sidewalk, any spikes or sharp pointed cresting, or any barbed wire, or any other thing dangerous or liable to snag, tear, cut or otherwise injure any one coming in contact therewith. Sec. 429. Whoever shall purposely cause dogs or other animals to fight upon the square, streets, alleys or public places of the city shall be deemed guilty of a misdemeanor. Sec. 430. No person shall in this city, on any square, street, avenue, alley or public place, play at any game of amusement, or engage in any sport or exercise likely to scare horses, injure passengers or embarrass the passage of vehicles, or shall purposely frighten any horse or other animal. Sec. 431. No person shall keep in any one building or place within the fire limits of the city, a greater quantity of gunpowder or blasting powder than seventy-five pounds, or nitroglycerine one pound, or gun cotton ten pounds, or naptha one barrel, or coal or carbon oil five barrels, or giant powder twenty-five pounds, and no powder magazine shall be located within the city limits. Sec. 432 Any person who shall, within this ci;y, buy or receive from any minor any jewelry, ha'ness tools or other personal property, without the written consent of the parent or guardian of such minor, shall be deemed guilty of a misde- meanor. Sec. 433. No person shall in this city, wear under his clothes, or concealed about his person, any pistol 01 revolver, slung-shot, cross knuckles, knuckles of lead, brass or other metal, or any bowie knife, or other dangerous or deadly weapon. Any person, violating any provision or requirement of this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof before the police judge, shall be fined REVISED ORDINANCES. 33 I not less than twenty-five nor more than one hundred dollars, or by imprisonment in the city jail not less than five days nor more than three months, or by both such fine and imprisonment: Provided, however, that this section shall not be so construed as to prevent any United States, state, county or city officer, or any member of the city government, from carrying such weapons as may be necessary in the proper dis- charge of his duties. Any defense that would be valid under the charge of carrying weapons concealed in a state case shall be a valid defense to a charge made under this section. Sec. 434. Any person who shall assault or beat or wound another, under such circumstances as not to constitute any other offense as defined by the statute of the State of Mis- souri, shall, upon conviction before the police judge, be pun- ished by a fine not exceeding one hundred dollars, or by im- prisonment in the city jail not exceeding three months, or by both such fine and imprisonment. Sec. 435. If two or more persons shall in any public place in this city, voluntarily or by agreement, engage in any fight, or use any blows or violence toward each other, in an an- gry or quarrelsome manner, or do each other any willful mis- chief, or if any person shall assault another and strike him, in any public place to the terror or disturbance of others, the per- son or persons so offending shall be deemed guilty of a misde- meanor, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the city jail not exceeding three months, or by both such fine and imprisonment. Sec. 436. Any person, male or female, who shall in this city, be the inmate of, or boarder or lodger in, or who shall in any way contribute to the support of any bawdy house, house of ill-fame, assignation house, or other place kept or maintained for the practice of fornication, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be subject to a fine of not less than five nor more than one hundred dollars. 332 REVISED ORDINANCES. Sec. 437. No prostitute, courtesan or lewd woman shall, within the limits of this city, by word, sign or action, ply her vocation on any street, avenue or alley in this city, or in any other public place, or at an)- door or open window of the house or room she may occupy ; any such prostitute, courtesan or lewd woman who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than one hun- dred dollars for every such offense. Sec. 438. Every person, male or female, who shall rent, keep, occupy or have in his or her possession or under his or her control or management, any room or rooms to which men resort for the purpose of prostitution or fornication with such female, or any other female, shall be deemed guilty of a misde- meanor, and, upon conviction thereof, before the police judge, shall be fined not less than five dollars nor more than one hun- dred dollars. Sec. 439. Every person who shall steal, take and carry away, within this city, any money or personal property or ef- fects of another under the value of thirty dollars, not being the subject of grand larceny, without regard to value, shall be deemed guilty of petit larceny, and upon conviction before the police judge, shall be punished by imprisonment in the city jail not exceeding three months, or by fine not exceeding one hun- dred dollars or by both such fine and imprisonment. Sec. 440. Any person keeping, permitting or maintain- ing a disorderly house or suffering or permitting to assemble or congregate in or about his house, or place of business, idle, vicious, hallooing, drunken, quarrelling or swearing person or persons making loud noises and disturbing the neighborhood, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars. Sec. 441. No person shall be or appear in or upon any street, avenue, alley, park, public place or place open to the public view, in a state of nudity, or in a dress not belonging to REVISED ORDINANCES. 333 his or her sex, or in any indecent or lewd dress, or shall make- any indecent exposure of his or her person, or be guilty of any unseemly, obscene or filthy act, or of any lewd, indecent, im- moral or insulting conduct, language or behavior; or shall ex- hibit, or cause or permit to be exhibited, circulate, distribute, sell, offer or expose for sale, or give or deliver to another, or cause the same to be done, any lewd, indecent or obscene book, picture, pamphlet, card, print, paper, writing, mold, cast, fig- ure or other thing, or shall exhibit or perform, or cause or allow to be exhibited or performed, in or upon any house, building, lot or premises owned or occupied by him, or under his man- agement or control, any lewd, indecent or immoral play or other representation. Any person violating any provision or require- ment of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five nor mere than one hundred dollars. Sec. 442. Any person violating, failing, neglecting or refusing to comply with any provision, regulation or require- ment of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof before the police judge, shall, where no other penalty is provided, be fined not less than one dollar nor more than one hundred dollars, or be imprisoned in the city jail not exceeding three months, or by both such fine and imprisonment. Sec. 443. It shall be unlawful for any person to own or have about hi3 premises any pigeon or pigeons, and any person owning any pigeon or pigeons, on allowing the same to be upon, on, or about his premises, or premises occupied by him, shall be deemed guilty of a misdemeanor, and upon conviction there- of, be punished by a fine of not less than one nor more than twenty dollars. Sec. 444. It shall be the duty of the city marshal to shoot or cause to be shot, any and all pigeons found or seen within the city limits, and this section shall not be deemed to conflict with any ordinance prohibiting the shooting of birds other than pigeons, and any person authorized by the marshal to shoot 334 REVISED ORDINANCES. said pigeons, shall be so authorized in writing, duly signed by said marshal. Sec. 445. Any person or persons who shall post any bills, advertisements or other paper upon any painted telegraph, telephone, electric light pole, or any other painted pole or poles erected in the City of Sedalia, by virtue of authority from such city, or shall in any manner whatever willfully mar, deface or otherwise injure any such poles, shall be deemed guilty of a mis- demeanor, and upon conviction, be punished by a fine of not less than one nor more than one hundred dollars. Sec. 446. Every person who shall willfully and unlaw- fully injure, break or destroy any shade tree in any street of Sedalia, or in and upon the court house square, or who shall willfully or unlawfully injure, break or destroy any public prop- erty belonging to the city or the county within the city limits, or who shall commit any nuisance thereon, or who shall willfully injure or destroy any grass or sod upon the court house square, or other public ground within the city, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not less than one nor more than one hundred dollars. Sec. 447. Every person who may be found loitering around houses of ill fame, gambling houses, or places where liquors are sold or drunk, without any visible means of support, or shall attend or operate any gambling device or apparatus, or be engaged in the practicing of any trick or device to procure money or other things of value, or shall be engaged in any un- lawful calling whatever, and every able-bodied married man who shall neglect or refuse to provide for the support of his family, and every person found tramping or wandering around from place to place without any visible means of support, shall be deemed a vagrant, and upon conviction thereof, shall be pun- ished by imprisonment in the city jail not less than twenty days and not to exceed three months, or by fine not to exceed one hundred dollars and not less than twenty dollars, or by both such fine and imprisonment. REVISED ORDINANCES. 335 Sec. 448. It shall be unlawful for any person or persons to willfully break, destroy, cut, carve or mutilate any tree, shrubbery, fence, house or building of any kind or character of property in this city. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not less than two nor more than twenty dollars for each and every offense. Sec. 449. All owners and agents, or lessees of any lot or tract of ground within the limits of the city, along or around which there is a sidewalk constructed by authority of an ordi- nance of the city, shall at all times keep such sidewalks clean from any grass, weeds or other vegetation tending to obstruct, in any manner, the free passage of pedestrians over sidewalks, and such owner, agents or lessees shall cut down and clear away from any such walks all weeds, grass and other vegeta- tion as often as may be necessary to keep sidewalks clear as above required. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not more than one hundred dollars and not less than one dollar. CHAPTER 18. numbering of houses. Section. 450. Numbers, places of begin- ning. 451 Manner of. Section. 452 To mutilate number, etc., mis- demeanor. Section 450. Each and every houss in the city shall be properly and uniformily numbered as follows : All houses on streets crossing Main street shall be numbered commencing at Main street north and south; all houses on streets crossing Ohio shall be numbered commencing at Ohio street, east and 336 REVISED ORDINANCES. west; and all houses north of the Missouri Pacific Railroad on streets crossing Lamine street, shall be numbered, commenc- ing at Lamine street, east and west. Sec. 451. All numbers shall commence in each block at an even hundred and increase to the end of the block in the direction of numbering, the even numbers being on the right hand and the odd numbers on the left hand side. Such num- bering shall begin on each street running either way with an even hundred and shall extend to the city limits, allowing twenty-two .and one half feet or thereabouts for each number. Sec. 452. Any per on violating or neglecting to com- ply with any of the provisions of cither of the two preceding sec- tions or any person who shall destroy or in any way mutilate any number of any house shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not less than one nor more than twenty dollars. REVISED ORDINANCES. 337 CHAPTER 19. OFFICERS OF THE CITY. ARTICLE I. — Elections, Regulations Governing. ARTICLE II.— Mayor. ARTICLE III.— City Clerk, Collector, Treasurer. ARTICLE IV.— City Attorney. ARTICLE V. Street Commissioner. ARTICLE VI —Marshal and Police. ARTICLE VII. —Police Regulations. ARTICLE VIII. — Suspension and Removal of Officers. ARTICLE IX.- Salaries of Officers. ARTICLE I. ELECTIONS, REGULATIONS GOVERNING. Section. ; Section, 453. Time of holding, officers to be sented to council, etc., when. elected, etc., qualification of councilmen, etc. 454. State laws to govern, except as to clerk, etc. 455. Places, judges, etc., of elec- tion, council to fix, appoint, etc. — ^Judges and clerks, duty 459. Meetings of council, when — ■ Special, when and how. 460. Vacancy in office, how filled. 461. vStreet commissioner, police, etc., appointment of. 462. Appointive officers, term of. 463. Council may appoint, when. of— Polls, open when. 463 a. City marshal, bond of, etc. 456. Returns and certificates, duty ; 464- Collector, bond of. of mayor, clerk, etc., concern- j 465- Assessor, bond of. ing. 466. Treasurer, bond of. 457. Oath of office. 467- Policemen, bond of. 458. Certificate and oath, to be pre- | Section 453. There shall be held a general election in the City of Sedalia, Missouri, on the first Tuesday of April, 1894, and every two years thereafter, for the election of a mayor, marshal, police judge, city attorney, treasurer, assessor, 338 REVISED ORDINANCES. collector, and such other officers as may be made elective by the charter of said city, and all elective officers shall hold their respective offices for two years and until their successors shall be elected and qualified; and there shall also be held an elec- tion in each ward in the city on the first Tuesday in April, 1894, at the same time the election for other city officers is held, and in every year thereafter, for the election of one councilman from each of such wards, who shall hold his office for two years, and who, in addition to the qualifications now required by law, shall have resided, in the city at least one year and in the ward at least six months preceding his election, and shall be at least twenty-five years of age and a citizen of the United States. Whenever there shall be a tie in the election of a councilman or an election for a councilman be contested, the matter shall be determined by the council, by a majority vote of all of the mem- bers elected to the council and at the time entitled to seats therein: Provided, that no person who is a party to the tie or the contest, shall be entitled to a vote. No person shall be considered a qualified voter in and of any ward who is not a bona fide resident of such ward at the time he offers to vote. Sec. 454. All city elections shall be held under the pro- visions of the general election laws of the state : Provided, that all certificates of nomination or petition therefor, as provided, to be filed by the state election laws, shall be filed with the city clerk, and not with any other officer, which certificates or other evidence of nomination shall be filed with the city clerk in the manner and form, and within the time provided by the general laws of the state, and all duties specified to be performed by the constable or sheriff in the state election laws, shall be per- formed by the marshal in city elections ; and all duties hereto- fore provided by general law with reference to city elections, to be done and performed by county clerks, shall, in city elections, be done by the city clerk ; and all tickets for city elections shall be printed by the city and at the city's expense. Sec. 45 5- At least two weeks before any election for the election of city officers, whether general or special, the council REVISED ORDINANCES. 339 shall, by resolution or ordinance or otherwise, fix the places of holding such elections in each of said wards, and appoint the judges of election for each ward, who shall take the oaths, ap- point the clerks, conduct the election and count up and make their returns thereof, duly certified, to the city clerk, in the manner required by ordinance or the general laws of the state regulating elections for state and county officers and applicable thereto, and not inconsistent with the charter and ordinances of the city and constitution and laws of the state. The judges and clerks of all city elections, in addition to the returns as above provided for, shall, upon their poll books, record the place of residence of each voter, by giving the street, and number when practicable, or by :iny other description, opposite his name, in a column to be provided for that purpose; and it is hereby made the duty of the city clerk to prepare the poll books and all other blanks used in all city elections, including tickets, in con- formity herewith, and deliver or caused to be delivered by the marshal the tickets to the judges of election in each ward of the city. The polls shall be opened at 7 o'clock in the morning, and be continued open until the same hours as state and county elections. Sec. 456. The city clerk upon the receipt of the returns of such election, shall notify the mayor and president of the council of such fact, and the mayor, city clerk and president of the city council shall proceed without delay to examine such returns, and shall award certificates of election to such persons as they shall find from the returns received the highest number of votes for the office for which they were candidates, said cer- tificates shall be executed by the city clerk, and attested by the seal of the city, and delivered to the person entitled thereto. Sec. 457. Every officer of the city, whether elected or appointed, shall, upon receiving his certificate, and before en- tering upon the performance of the duties of his office, take and subscribe an oath, before the clerk of some court of record in the county, judge or justice of the peace of the township, the city clerk or police judge, that he possesses all the qualifi- 340 REVISED ORDINANCES. cations prescribed for his office by law ; that he will support the constitution of the United States and the State of Missouri, the provisions of all laws of this state affecting cities of the third class, and the ordinances of the city, and will faithfully demean himself in office; which oath shall be filed with the city clerk. Sec. 458. At the first regular meeting of the city council after any general election, election for councilmen or any special election, the persons holding certificates of election as council- men shall present their certificates of election, accompanied with their oaths of office, whereupon they shall be entitled to their seats; but no person shall hold or exercise the duties of any office under the charter and ordinances of the city until he shall have fully complied with every requirement with reference thereto. Sec. 459. The council shall hold their regular meetings on the first and third Monday evenings of each month, at seven o'clock and thirty minutes. Whenever the mayor shall deem it necessary to call a special meeting of the council for the trans- action of any business he shall issue a call for such special meet- ing, which shall be in writing, and state the purposes for which such meeting is called, and the time of meeting, and file the same in the office of the city clerk; whereupon the city clerk shall immediately make eight copies of such call and deliver said call, together with said copies to the marshal, and the marshal, or some police officer named by him, shall forthwith deliver one of said copies to each member of the council, if they can be found in the cit}', and if not found a copy shall be left at the usual place of abode of such absent member with some member of his family over the age or fifteen years. The marshal or officer who shall serve such notices shall make full return of his action, upon the back of the call issued by the mayor, and return the same to the city clerk, who shall read the same at the opening of such special meeting No business not mentioned in such call shall be transacted at such special meeting. .REVISED ORDINANCES. 34 1 Sec. 460. If a vacancy shall occur in any elective office, the mayor, or the person exercising the office of mayor, shall cause a special election to be held to fill such vacancy, giving ten days' notice thereof by proclamation published in the news- paper at the time doing the city printing: Provided, however, when any such vacancy occurs within six months of any general municipal election, no election shall be called to fill such vacancy, but the same shall be filled by the maj'or or the per- son exercisin..^ the office of mayor by appointment : Provided, furtJier, that any vacancy in the office of councilman which may occur within six months of any general election for councilmen shall be tilled hy election, to be held in the ward where such vacancy may occur, and shall be conducted in such manner, in all particulars, as may be prescribed for the election of council- men at a general election. If a vacancy occur in an office not elective the mayor shall appoint a suitable person to discharge the duties of the same until the first regular meeting of the council thereafter, at which time such vacancy shall be perma- nently filled in the same manner and subject to the same pro- visions, in every particular, as appointments for the same place in the first instance. Sec. 461. At the first regular meeting of the council after an annual election in each year, the mayor shall, with the consent and approval of a majority of the members elected to the city council, appoint a street commissioner and all other appointive officers of the city, whose appointment is not other- wise specifically provided for , and at least six regular police- men : Provided, that the mayor shall in cases of emergency have power to appoint such number of extra police as the exigencies of the case may demand. Sec 462. All appointive officers shall hold their office respectively for the term of one year and until their successors are elected and qualified, unless sooner removed by proper authority for cause shown. Sec. 463. If the mayor shall fail to make appointments authorized by the charter and ordinance^; of the city to be made 342 REVISED ORDINANCES. by him, with the consent and approval of the council, or if the council shall fail to agree, by the required vote, upon any nomi- nation made by the mayor, at the two first regular meetings of the city council, after such nominations shall be presented to the council, including the meeting at which such nomination shall be presented, it shall then be competent for the council to fill such offices or places by a majority vote of the members elected to the city council, except in the ofifice of street commissioner. If there be a failure to agree upon the nomination made by the mayor for the office of street commissioner he shall nominate other persons, but no person shall be renominated by the mayor for any city office after being rejected therefor by the council. No nominations of appointive officers shall be made by the mayor, or acted upon by the council at any special meeting. Sec. 463 (a.) The city marshal shall, before entering upon the duties of his office, enter into a bond to the city of Sedalia, Missouii, conditioned upon the faithful performance of his duties, with not less than two securities, in a sum not less than one thousand dollars, to be approved by the mayor. Sec. 464. The city collector shall, before entering upon the discharge of the duties of his office, enter into a bond to the city of Sedalia, Missouri, conditioned upon the faithful per- formance of the duties of his office, in a sum not less than twenty thousand dollars, with at least three sufficient securities, to be approved by the mayor. Sec. 465. The city assessor shall, before entering upon the duties of his office, enter into a bond to the city of Sedalia, Missouri, in a sum not less than one thousand dollars, with at least two good sufficient securities, conditioned upon the faith- ful performance of the duties of his office, said bond to be ap- proved by the mayor. Sec. 466. The city treasurer shall, before entering the duties of his office or taking possession thereof, enter into a bond to the city of Sedalia, Missouri, in a sum not less than twenty thousand dollars, conditioned upon the faithful perform- REVISED ORDINAN'CES. 343 ance of the duties of his oflfice, and that he^willaccount for all moneys paid to him for the city, said bond to be approved by the mayor. Sec. 467. Each policeman shall, before taking posses- sion of his ofifice, or discharging any duties thereof, enter into a bond to the city of Sedalia, Missouri, in the sum of not less than five hundred dollars, conditioned upon the faithful per- formance of the duties of his ofifice, to be approved by the mayor. ARTICLE 11. MAYOR. Section. 468. To have general supervision over departments, police force, etc. 469. Commissions, appointments, bonds, etc., duty concerning. 470. Deeds and certificates to cem- etery lots, to sign, etc. Section. 471. Cemetery lots, duplicate plats to be kept. 472. Remit fine, etc , order con- cerning. 473. Office of, hours to be in, etc. 474. Vacancy, how filled, etc. Section 468. It shall be the duty of the mayor, in ad- dition to the duties imposed upon him by the laws governing cities of the third class, to exercise a general supervision over all the departments of the city government, and see that the duties appertaining to the various city ofificers are properly per- formed. He shall have superintending control over the mar- shal and police force; and shall also have the power, upon the occasion of any public assemblage within the city, to appoint one or more extra policemen to act during the continuance of such assemblage, if in his judgment the safety of the citizens and the peace and good order of the city require. Sec 469. He shall sign the commissions and appoint- ments of all the officers elected or appointed in the city, and shall cause the city clerk to attest the same and affix thereto the city seal ; and he shall examine all official bonds presented to ^544 REVISED ORDINANCES. him, and whenever satisfied that the same are in all respects sufficient, shall approve the same. Such approval shall be in writing, endorsed on said bond, and shall be signed by the mayor; and whenever, during the term of office of any officer, the mayor shall become satisfied that the surety on the bond of such officer has from any cause become impaired, he shall re- quire such officer, by notice in writing, to give additional secu- rity forthwith; and if such officer shall fail, neglect or refuse to give such additional security, it shall then be the duty of the mayor, with the advice and consent of the city council, to re- move such officer and take the necessary and proper steps for filling the vacancy cau-ed thereby. Sec. 470. He shall, on behalf of the city, sign and exe- cute to persons entitled thereto all certificates to purchasers of cemetery lots and cause the same to be countersigned by the clerk and attested by the seal of the city. And he shall, when properly authorized by the city council, sign, execute and deliver all deeds or conveyances, for any real estate which the city may hereafter sell to any party or parties who may have purchased the same. Sec. 471. He shall keep in his office a duplicate plat of all cemetery lots, with marginal references thereto, which shall at all times show the lots which have been sold, the date of the sale, to whom sold and the lots remaining unsold. Sec. 472. Whenever the mayor shall conclude to remit any fine or commute any sentence of imprisonment for labor, or of labor for imprisonment, he shall execute and deliver to the police judge an order for such remittal or commutation, which order shall contain the title of the cause, a brief recital of the judgment of the police judge, and shall state explicitly in what manner such judgment is to be changed. Sec. 473. The mayor shall have an office, to be pro- vided by the city, suitably furnished, and to be kept in the city market house and to be known as the mayor's office. He shall, for the transaction of city business, be and remain in his office one hour in the forenoon and one hour in the afternoon REVISED ORDINANCES. 345 of each day, except Sunday, said hours to be designated by the mayor. Sec. 474. When any vacancy shall happen in the office of mayor, by death, resignation, removal from the city office, refusal to qualify or otherwise, the president pro tem. of the council shall, for the time being, perform the duties of mayor until such vacancy be filled ; and in case of temporary absence of the mayor or disability to perform the duties of his office, the president of the council shall perform the duties of mayor until the mayor shall return or such disability be removed ; during the time the president pro tem. of the council shall act as mayor, he shall receive the same compensation that the mayor would be entitled to. In case of vacancy other than temporary absence or disability, the person exercising the office of mayor shall cause a new election to be held, giving ten days notice thereof by proclamation published in some newspaper published in the city, and doing the city printing; provided, when such vacancy occurs within six months of a general municipal election, no election shall be called to fill such vacancy, but the president pro tem. of the council shall fill out such unexpired term. ARTICLE III. CITY CLERK, COLLECTOR, TREASURER. SCETION 475. City clerk, election of, term of office. 476. Bond of. 477. Duties concerning accounts, records, etc. 478. Licenses, duty concerning. 479. Tax books to be made, ex- tended, etc. Section. 480. Seal of city, to affix, etc, when, 481. Term "City Register," mean- ing of 482. Compensation of clerk. 483. Collector, duties of. 484. Treasurer, duties of. Section 475. At the first regular meeting of the city council after an annual election in each year, the council shall, by a majority vote of all the members elected to the council. 346 REVISED ORDINANCES. elect a city clerk, who shall hold his office for the term of one year and until his successor is duly elected and qualified, unless sooner removed for cause. Sec. 476. The city clerk shall, before entering upon the duties of his office, enter into a bond to the city of Sedalia, Missouri, with not less than two securities, in a sum not less than two thousand dollars, conditioned for the faithful discharge of the duties of his office, to be approved by the mayor. Sec. 477. It shall be the duty of the city clerk to keep an exact record of all appointments and commissions of every officer of the the city ; to cause to be printed all the or- dinances passed by the city. council and approved by the may- or, or which shall become a law without the mayor's approval, within one month after their passage. Provided however that this ordinance, in revision of the general ordinances of the city shall be published in book form only as is hereinafter provided for. He shall issue all licenses authorized or that may be authorized for the prosecution of any business in the city. He shall keep the journal of the proceedings of the council He shall take care that all notes, bonds, evidences of debt, records of the city council, official acts of the mayor and all of the records of the city entrusted to him are safely kept, and deliver the same, upon the expiration of his term of office, whole, preserved and undefaced to his successor. He shall charge the marshal and other officers with fines reported by the police judge. He shall be the general accountant of the city, and shall keep a special account with the city collector, treasurer and all other fiscal officers of the city, and shall, for that purpose, make settlement with all the fiscal officers of the city at least once a year and report the same to the council, and such settlements shall be made as often and at such time as the mayor or the city council may direct. Sec. 478. It shall be the duty of the city clerk to ex- amine all the licenses of all keepers of stores, shops, trades, ;aloons, or other occupations as are now, or may hereafter be- REVISED ORDINANCES. 347 come subject to license or taxation for the use of the city ; and should it appear to the city clerk that the person or persons keeping such store or stores or exercising any trade or occupa- tion which may be taxed by the authority aforesaid have not complied with the ordinances of the city for their regulation and government, he is requireo to cause suit to be instituted against all such offenders without delay. Sec. 479. As soon as the mayor and council shall have procured from the city assessor a certified assessment of all the property within the city made taxable by law for state and county purposes, and the assessed value thereof, as corrected by the board of equalization, and the city council shall have established by ordinance the rate of taxes for the year as re- quired by law the city clerk shall make out appropriate and accurate tax books, and cause to be extended in appropriate columns opposite the name of each person each item of taxable property, as returned by the assessor and board of equalization, the amount of taxes whether general or special due thereon and charge the collector with the full amount of said taxes levied and to be collected, together with all the licenses of every kind to be collected ; to preserve and file away all duplicate receipts of the monthly payments made by the collector to the treasurer, and it shall be the duty of the city clerk to report to the mayor, should the collector fail to pay into the treasury his monthl)- collections. Sec. 480. The city clerk shall be the custodian of the city seal and it shall be his duty to afifix the seal of the city to and attest all official intrustments and documents of the mayor and the city; he shall attest and affix the seal of the city to all orders, drafts and warrants drawn upon the treasurer for money. Sec. 481. In all the ordinances of the city heretofore in lorce where the term "city register" is used, it shall be con- strued to mean city clerk, and it shall be the duty of the city clerk to do and perform generally, all such duties as the city register was by ordinances required to do. 348 REVISED ORDINANCES. Sec. 482. As full compensation for all his duties and services, the city clerk shall receive a salary of nine hundred dollars per annum. Sec. 483. The city collector shall collect all taxes, both general and special, that shall be levied under the chapter and ordinances of the city, and shall pay over to the city treasurer at the end of each month, all moneys collected during the same, he shall have his ofifice in the rooms cf the city hall. Sec. 484. The city treasurer shall receive all moneys due the city from, any and all sources, and pay out the same on warrants oroered by the city council, and signed by the mayor, countersigned by the city clerk, and stamped with the seal of the city; and at the expiration of the term of his ofifices, he .^hall deliver to his successor in ofifice all moneys, books, papers and records connected with his ofifice. ARTICLE IV. city attorney. Section. I Section. 485. City attorney, duties gener- | 487. Absent, sick, etc, to appoint ally. I attorney. 486. Appeals, duties concerning. | Section 485. It shall be the duty of the city attorney to attend to all such legal duties as may be required of him by the mayor or councilmen of the city ; to give advice when called upon ; to attend and prosecute in all cases in behalf of the city ; to attend to all cases of writs of errors in the circuit or criminal courts, the St. Louis court of appeals and Kansas City court of appeals or supreme court; to bring suits and to collect all mon- eys to be collected by suits at law ; to take appeal in such cases as he shall deem the interests of the city require, and to prose- cute or defend the same in the appellate court to final hearing and decision ; to report to the councilmen any legal defects in the city ordinances, or the power of any city officer; to prescribe REVISED ORDINANCES. 349 the form of all deeds, contracts or other legal instruments exe- cuted to or by the city, and, when required to do so by the mayor or city council, shall draft the same. On the expiration of the term of his office he shall deliver to his successor in office all books, papers, records and property pertaining to his ofiice. Sec. 486. When the city attorney shall deem it proper to take an appeal, or to sue out a writ of error, in any case when the city is interested in the decision of the court trying the same, to the proper appellate court, he shall, for that purpose, make for the city the necessary affidavits, and make and execute, in the name of the City of Sedalia, the necessary papers ; and when an appeal is thus taken, he shall report the facts to the mayor, who shall give information thereof to the city council at the first meeting thereafter. Sec. 487. Whenever the city attorney shall, by reason of temporary absence, sickness or other cause, be unable to attend any court, or the trial of any case, he may, with the consent and approval of the mayor, appoint some competent lawyer to act in his stead for that term, or the trial of any cause or causes. ARTICLE V. street commissioner. Section, 488. Office of, term, how appointed, may be removed for cause. Section. 489. Duties of. 490. Power to make arrests. Section 488. There is hereby created the office of street commissioner, whose term of office shall continue for the term of one year, unless sooner removed for cause ; said term to commence in each and every year immediately upon the annual election, or appointment of city officers; said office shall be filled by appointment of the mayor, by and with the advice and consent of the city council by a majority vote of all of the mem- bers elected to the council. 350 REVISED ORDINANCES. Sec. 4S9. It shall be the duty of said street commis- sioner: First, to execute all orders of the mayor and city council, in relation to repairing and keeping clean the streets, avenues, lanes and alleys of the city ; second, to observe and report to the mayor all obstructions found in any street, avenue, lane or alley within the corporate limits of the city; third, to superintend the repairing, grading and macadamizing of all such streets, avenues and alleys, and the building of crosswalks, and the constructing of sidewalks, and to see that all such work is properly done; fourth, to notify the owners or occupiers of property fronting streets, avenues and alleys to repair sidewalks, and cause them to be kept free from all obstruction; fifth, to observe and report to the committee on streets and alleys all repairs necessary to be made upon any street or alley. Sec. 490. Said street commissioner shall have power to make arrests for the breach of any ordinance of the city, and he shall report all such arrests to the city marshal. He shall re- ceive for compensation such sum as shall, from dme to time, be prescribed by ordinance. ARTICLE VI. MARSHAL AND POLICE. Section. 491. Police force, what to consti- tute. 492. Duties of, coucerning arrests, etc. 493. Policemen, duties as to mar- shal, mayor, etc. 494. Make arrests, enter houses, etc., when. 495. Assistant to act as marshal, when. 496. Nuisance, duty concerning. 497. Marshal, general duties of, etc. Section. 498. To attend council, preserve property, etc. 499. Policemen, may be suspended when, vacancy how filler!. 500. Saloons, etc., not to loiter in, drink, etc. 501. Property of party arrested, to be taken, how and when. 502. Marshal, duties of, continued. 503 Arrests, with and without pro- cess, when, etc. Section 491. The regular police force of the City of Sedalia, Missouri, shall consist of the marshal, who shall be ex- ofificio chief of police, the assistant marshal, who shall be chief REVISED ORDINANCES. 35 I of police in the absence of the marshal, and such number of able-bodied policemen as shall from tiiie to time be authorized by the charter and ordinances of the city and deemed necessary by the mayor and council for the proper protection of the citi- zens of the city and their property. Every policeman appointed as provided by ordinance shall hold his office for the term of one year, and until their respective successors are duly appointed and qualified, unless sooner removed for cause. Sec. 492. It shall be the duty of the marshal and every policeman to be active and vigilant in enforcing all ordinances of the city in relation to nuisances, misdemeanors and the public peace and good order; and to arrest without process, and take before the police judge for trial, any person who shall, within the city, in their presence, commit any violation of such ordi- nances, or of the criminal laws of the state; to enter any saloon, dram-shop, bawdy house, or other disreputable place, or into any business house or residence within the city limits, for the purpose of preventing or suppressing any disorderly or riotous conduct of any person therein, and to arrest such person or persons and take them before the police judge for trial ; and if such arrest be made in the night time, such persons may be in- carcerated in the city prison until the following morning, and until such time as the police judge shall be in his office, when they shall be taken before him for trial as aforesaid. Sec. 493. It shall be the duty of each and every person appointed policeman to discharge such duties as are required of the marshal, and to perform such other duties as may be re- quired of them by the mayor or marshal ; they shall keep watch throughout the city day and night, and shall have the power to arrest malefactors, rogues, thieves, vagabonds and all disorderly persons they may find in the city, and place them in confine- ment to await trial subject to the mayor's orders; and upon making any arrest they shall report the same to the city at- torney. Sec. 494. The police are hereby authorized to enter any house or inclosure in the city within which .ny affray, unlawful 352 REVISED ORDINANCES. assembly, or any disturbance or breach of the peace may occur, and take into custody all offenders therein found ; they shall ar- rest all suspicious persons found lurking or strolling about the city at late hours of the night, unless such persons can give sat- isfactory account of themselves ; they shall have power to arrest any female found on the streets alone, at any hour of the night, under suspicious circumstances; they shall have authority to enter any brothel or house of ill fame, and arrest any person found therein; they shall be general conservators of the peace, and shall, without warrant, arrest any one found guilty of vio- lating any provisions of the ordinances of the city, and lodge him, her or them in the city jail, there to remain until trial in the police court. Sec. 495. In ca^e of the absence of the city marshal from the city, or inability to act, the assistant marshal shall discharge the duties of marshal, and the assistant marshal shall, during the absence or inability of the marshal to act, perform his du- ties, and have the same power and authority as the marshal. Sec. 496. It shall be the duty of the city marshal to take all necessary measures to ascertain all nuisances which may exist within the city limits, and if declared to be so by ordinance to cause the same to be immediately removed, and report the same to the city council; it shall also be his duty to visit all parts of the city, to make diligent inquiry after all breaches of ordinances of the city of Sedal q, particularly such offenses as may be pointed out to him by the mayor or any councilman, and to report the same to the city attorney, who shall prosecute the same. Sec. 497. The marshal shall at all times perform such duties as are, or shall be, enjoined on him by ordinance, resolution of the city council, or any statute of the state; and further, it shall be his duty to visit all suspicious or disorderly neighborhoods or houses, and all parts of the city where dis- order and breaches of the law are most likely to be committed, and to arrest and take into custody, without warrant, all and every person who may be found in the commission of any REVISED ORDINANCES. 353 offense against the ordinances of the city, and report such arrest to the city attorney. He shall also arrest any and all persons who may be found in any of the streets, or on any of the side- walks, or in any public place, urinating or doing any indecent act in the presence or view of any female, and shall arrest with- out warrant any and all persons who may be found in the streets of the city or on the sidewalks in a state of intoxication, and take them to the city jail, there to remain in confinement until per- fectly sobered. Sec. 498. It shall be the duty of the city marshal to at- tend in person, or appoint one of the city policemen to attend, the city council when in session, and ofificial duties alone shall be an excuse for non-attendance ; he shall also collect and pre- serve all personal property belonging to the city of Sedalia, whenever such property is not in lawful possession of some person employed in the services of said corporation. Sec. 499. Every policeman shall obey all rules and reg- ulations prescribed by the mayor and marshal, and if any policeman dies, resigns or removes from the city, or shall fail, neglect or refuse to discharge his official duties, or shall be guilty of ungentlemanly conduct, or become intoxicated, the council may by resolution declare his place vacant; and the vacancy shall be filled in the same manner and under all of the provisions concerning appointments in the first instance. Sec. 500. No policeman, while on duty, shall loaf or loiter in any billiard hall or saloon, nor drink any intoxicating beverage in any saloon, nor play at billiards or any other game in this city. Sec. 501. No policeman or other person in the employ of this city as such, making an arrest, shall be allowed to take from the party arrested any money or other property except weapons, until such party arrested shall be taken before the city marshal or police judge, or some other responsible party or person, where a search of the person of the party arrested shall be made and a list of his property made in a book kept by the 354 REVISED ORDINANCES. policemen for said purpose, and attested by the officer or per- son before whom the search was made. Sec. 502. In addition to the duties imposed upon him by the laws and ordinances governing this city, it is hereby made the duty of the city marshal: To attend all meetings of the city council ; when unable to attend he shall detail a member of the police force to attend in his stead ; to execute all orders and serve all notices emanating from the mayor or city council; to collect all dog tax ; to pay to the city treasurer, within the first three days of each month, all money collected by him during the previous month for fines and costs in the police :ourt, for dog tax and from sale of impounded animals ; and to file the treasurer's receipt therefor with the city clerk; tore- port to the city collector all persons doing business in this city without the requisite city license therefor. Sec. 503. It is hereby made the duty of the marshal and policemen at all times to make or order an arrest, with proper process for any and all offenses against the laws and ordinances of Sedalia, and to take the offender before the police judge for trial; and to arrest without process in all cases where any such offense shall be committed or attempted to be committed in his presence, and keep such offender in the city prison or other place to prevent his escape until a trial can be had. It is hereby made a misdemeanor for any marshal or policeman to take any such person so arrested before any justice of the peace for trial, except under the order and direction of the city police judge, and for each violation of this requirement the offender shall be fined not less than five nor more than twenty-five dollars. REVISED ORDINANCES. 355 ARTICLE VII POLICE REGULATIONS. Section. 504. Marshal and police lo wear badge. 505. Marshal and police to wear uniform. 506. Committee to prescribe uni- forms and badges, when— How paid for, etc. Section. 507. Marshal and police to pay city for badges and uniforms, how. 508. Penalty for violating section 507. Section 504. The marshal and every poh'ceman of the City of Sedalia, while on duty, shall wear a badge conspicu- ously displayed on his person, indicating his official position, such badge to be furnished by the city, and to remain the prop- erty of the city. Sec. 505. The marshal and every regular policeman of the City of Sedalia, while on duty, shall appear in full uniform. Said uniform shall consist of coat, pants, vest, and a hat or cap, and shall be of such pattern, color, quality and trimmings as may be prescribed by the mayor and committee on ways and means. Sec. 506. It shall be the duty of the committee on ways and means to prescribe a uniform, as provided for in the next preceding section, and a badge, as provided for in section 504 of this article, and to procure for the city the necessary number of uniforms and badges, all of which shall be paid for by a war- rant drawn upon the city treasurer; and it shall be the duty of said committee to receive bids on the second Monday in May in each year for the furnishing of said uniforms at a stipulated price per suit, and they shall receive and accept the lowest and best bid therefor. Sec. 507. The marshal and each policeman shall pay to the City of Sedalia for said uniforms the net cost thereof, which Sum shall be paid in such installments per month as the ways and means committee may direct, and such installments shall be deducted from the salary of the officers for the month the install- 356 REVISED ORDINANCES. merit is required to be paid, and a warrant issued to such officer for his salary for that month, less the installment due on his uniform. Sec. 508. Any marshal or policeman who shall fail to comply with the provisions of this article, after the city has procured the required uniform, shall forfeit to the city all right and claim to any salary, from the time of such offense, until he shall have complied with the requirements of this article; and the amount of such forfeiture shall be reported by the mayor to the city clerk, and the same deducted from such officer's sal- ary. ARTICLE VIII. SUSPENSIONS AND REMOVALS. Section. 509. Mayor empowered to suspend all officers for what causes. 510. Suspension, how effected, duties of clerk and marshal toward accused, misdemeanor for suspended officer to attempt to perform duties of office. 511. Mayor to lay charges before council, when, council to fix time for hearing, cop)' of charges to be delivered to ac- Section. cused, and notice of time of hearing given, how. 512. Council to hear evidence, may adjourn from time to time. 513. Council to decide case, when, how, etc. 514. Who may prefer charges against mayor, result of, to be tried as other like cases. 515. Rights of accused, city attorney to prosecute for city. Sec. 509. The mayor is hereby empowered to suspend from office any elective or appointive officers of the city for any of the following causes: For a willful violation of any of his of- ficial obligations ; for any culpable official negligence or direlec- tion of duty; for any conduct inconsistent with his official char- acter and duty; for official incompetency. Sec. 510. Such suspension shall be effected by an ordi- nance filed by the mayor in the office of the city clerk, accom- panied by a statement of the charges upon which the same is founded, a copy of which shall be forthwith made by the clerk and delivered to the marshal, who shall forthwith deliver the REVISED ORDINANCES. 357 same to the officer suspended; and if any city officer shall during suspension from office attempt to perform any official duty, he shall be deemed guilty of a misdemeanor, and upon conviction thereof before the police judge, maybe fined fifty dollars, and pay the costs of prosecution. Sec. 511. Whenever any officer shall have been sus- pended as above provided the mayor shall lay said charges be- fore the council at its first regular meeting after such charges are made; and the council shall without unnecessary delay pro- ceed to investigate such charges upon a day to be by them fixed. The city clerk shall thereupon make out a certified copy of such charges, together with a notice of the day fixed by the council for hearing the same, which certified copy and notice shall be, by the marshal or the person acting as such, served upon the suspended officer in the usual manner provided for by law for serving legal papers. Sec. 512. Upon the day fixed the council shall proceed, according to such rules as they may adopt, to hear the evidence against and in favor of the accused, adjourning from time to time as may be necessary until they shall have heard all the competent evidence in the case. Sec. 513. Within three days after all the evidence shall have been taken the council shall vote by yeas and nays upon the charges separately. The question upon each charge shall be, "Is the accused guilty?" If the council, by a majority vote of all the members elected, find the accused guilty of either of the charges, such officer shall by resolution be re- moved from office and his office declared vacant and the mayor shall thereupon cause said vacancy to be filled in manner pro- vided by ordinance. Sec, 514. The council or any member thereof may at any time prefer charges against the mayor for any of the causes set out in this article; and the council shall at once proceed to investigate and decide the said charges in the same manner hcre- rnbefore provided in cases of suspended officers. During such investigation it shall be unlawful for the ma}'or to preside at the 358 REVISED ORDINANCES. meetings of the council; and should he be found guilty of either or all of said charges preferred against him, the council shall by resolution remove him from offtce and declare his office vacant; and the president pro tern shall immediately take the necessary steps to fill such vacancy. Sec. 515. Upon any such trial the accused shall be en- titled to be heard by himself, or his counsel in his defense, and the city attorney, or the person acting as such, shall attend the trial and prosecute on behalf of the city. ARTICLE IX. SALARIES AND COMPENSATION OF OFFICERS. Section. Section. 516. General provision. 531 Councilmen. 517. Mayor. 532. Board of health. 518. Marshal. 533- Weigh master. 519. Police judge. 534- Sexton of cemetery. 520. Clerk. 535- When paid and how. 521. Treasurer. 536. Officer not to retain city money 522. Collector. for salary. 523. Attorney. 537- Rodmen, chainmen, inspec- 524. Engineer, civil. tors. 525. Assessor. 538. Jury in condemnation pro- 526. Street commissioner. ceedings, pay. 527. Policemen. 539- Judges and clerks of election. 528. Fire department, chief of. pay. 529. Assistant chief of. 540. Extra police, pay. 530. Hosemen of 541- Witnesses, pay. Section 516. The officers and employes of the city shall receive as full compensation for their services the follow- ing salaries and fees : Sec. S^7- The mayor shall receive a salary of six hun- dred dollars per annum. Sec. 518. The marshal shall receive a salary of nine hun- dred dollars per annum and such fees as may be allowed by ordinance. Sec. 519- The police judge shall receive a salary of nine hundred dollars per annum and such fees as may be allowed by ordinance. REVISED ORDINANCES. 359 Sec. 520. The city clerk shall receive a salary of nine hundred dollars per annum and such fees as may be allowed by ordinance. Sec. 521. The city treasurer shall received a salary of five hundred dollars per annum. Sec. 522. The city collector shall receive a salary of twelve hundred dollars per annum and in addition thereto he shall receive a commission of four per cent on all delinquent taxes collected for the city. Sec. 523. The city attorney shall receive a salary of nine hundred dollars per annum and such fees as may be al- lowed by ordinance. Sec. 524. The city engineer shall receive a salary of fif- teen hundred dollars per annum. Sec. 525. The city assessor shall receive a salary of six hundred dollars per annum. Sec. 526. The street commi-sioner shall receive a salary of seven hundred and twenty dollars per annum. Sec. 527. Each regular policeman shall receive a salary of seven hundred and twenty dollars per annum. Sec. 528. The chief of the fire department shall receive a salary of nine hundred dollars per annum. Sec. 529. The foreman or assistant chief of the fire de- partment shall receive a salary of eight hundred and forty dol- lars per annum. Sec. 530. Each hoseman of the fire department shall re- ceive a salary of six hundred dollars per annum. Sec. 531. Each councilman shall receive a salary of two hundred dollars per annum. Sec. 532. Each member of the board of health, -except the mayor, shall receive a salary of two hundred dollars per annum. Sec. 533. The city weigh master and ex-ofi(icio city market inspector shall receive a salary of one hundred dollars per annum and one-half of all the fees received by him as such weigh master and ex-ofificio market inspector. 36o REVISED ORDINANCES. Sec. 534. The sexton of the city cemetery shall receive one hundred dollars per year and such amount for grave digging as may be allowed by ordinance. Sec. 535. The salaries above provided for shall be com- puted and payable on the first day of each month, in city war- rants, to be drawn as provided for by ordinance, such warrants to be preferred warrants, and to be paid on presentation to the city treasurer prior to general warrants, if suf^cient funds be in the treasury. Sec. 536. No city oflficer shall be allowed to retain in his hands any of the public moneys collected or paid to him under the pretense of payment for his past services, but they shall pay over all such moneys monthly into the city treasury, and give account of the same at the first meeting of the city council in each and every month, showing the kind of funds paid, whether city warrants or money. Sec. 537. In the construction of public works and help necessarily employed in connection with the engineering de- partment, inspectors, rod-men and chain-men, employed by the city, shall be paid at the rate following for the time actually en- gaged in the city services: Inspectors, two and fifty one-hun- dredths dollars per day; rod men, two dollars per day; chain men, one dollar per day. Sec. 538. Each juror appointed to assess damages in condemnation proceedings by the city shall receive two dollars per day for each day he is acting in making said assessments. Sec. 539. Judges and clerks of elections shall each re ceive three dollars per day for their services. Sec. 540. Extra policemen appointed by the mayor, un- der the provisions of the city ordinances, in cases of emergency, shall receive two dollars per day. Sec. 541. Witnesses summoned before the council or be- fore any committee ot the council, or before any committee ap- pointed by the council or mayor, or before any jury in the con- demnation proceedings, before the board of health or in the po- REVISED ORDINANCES. 361 lice court, shall receive one dollar per day; and where such witness lives beyond the city limits they shall receive the same mileage paid witnesses in the circuit court. CHAPTER 21 PERMITS. Section. 542. Te erect buildings, etc., must have permit, how obtained. 543. Public buildings, plans of to be submitted, etc., 544. Appeals, when permit is re- fused. 545. Street, gutter, etc., to dig or excavate, permit for. 546. To dig, etc., paved or macada- mized street. 547. To place or leave articles on sidewalk, etc. 548. Street, alley, etc., to be repair- ed, etc., how. 549. Failure to have permit, etc , misdemeanor. Section. 550. Red lanterns, to put at ex- cavation, when, indemnit}- bond to the city. 551. Stone, brick, earth, etc., to carry away, must have permit. 552. City engineer, to keep record of. 553- Night scavenger, to have per- mit, bond of. 554. Street parades, etc., permit for. 555. Violation of this chapter mis- demeanor. Section 542. No person or corporation shall erect a build- ing or structure of any kind or add to or enlarge or extend any building or structure already erected or which may be hereafter erected, within this city without first having obtained a permit from the city engineer. The application for such permit shall state the exact site to be occupied, the material, dimensions and estimated cost of the proposed building or structure and the probable time to be occupied in building. The city engineer shall thereupon, after an inspection of the premises, or without an inspection, as he may deem fit, if he approve the application, issue a building permit to the applicant giving him permission to erect a building or structure at the place, and of the materi- als, and of the dimensions mentioned in the application, and authorizing the use and occupation of not more than one third or the roadway and on half of the sidewalk in front of said 362 REVISED ORDINANCES. premises, and limiting the the time for which said permit shall continue. The city engineer may if he deems proper, require that plans for the proposed erection, alternation or addition be submitted for inspection, before issuing his permit. The gutter or water ways of any street, avenue or alley shall not at any time be obstructed by any buildmg or other materials so as to prevent the free passage of water in and along the same, but the city engineer may in proper cases to be determined by him, authorize the removal of a part or the whole of the sidewalk in front of the premises where the building is to be erected pro- vided a good temporary plank sidewalk shall be constructed over the gutter not less than four feet wide and be kept and maintained free and clear of obstruction and to the satisfaction of the said city engineer. Sec. 543. The city engineer shall not issue a permit for the erection of any building to be used for public assemblies until he has carefully inspected the plans and specifications thereof, and ascertained that the proposed building shall have sufficient strength and ample means of ingress and egress to secure the reasonable safety of any and all persons who may choose to assemble there; and a copy of such specifications shall be deposited in the office of the said engineer. Sec. 544. If in any case the city engineer shall see fit to prohibit the erection or alteration of any building according to the plans as submitted, and such prohibition shall appear to the owner or architect to be unreasonable, the said owner or archi- tect shall have the right to appeal to a committee of five ex- perts, who shall be architects or builders, two of whom shall be chosen by the said owner or architect and two by the city engi- neer, the fifth one to be chosen by the other four and their decision shall be final. Sec. 545. No person nor corporation shall dig or exca- vate within, through or under any street, alley, gutter, curb, sidewalk or public place in this city for any purpose, except gas and water pipes, without f'rst obtaining a permit from the city engineer. The application for such permit shall state the REVISED ORDINANCES. 363 exact location, dimensions and purpose of such digging or ex- cavation. The engineer shall thereupon inspect the locality and if he deem proper issue a permit, authorizing such digging or excavation to be done in such successive portions within such limits of time, and with such safe-guards as he may designate with a due iCgard for public convenience and public safety. Sec. 546. It shall be unlawful for any plumber, corpora- tion or other person to dig up or in any manner make an)- excavation in any of the paved or macadamized streets of the city or that may hereafter be paved or macadamized, without first having obtained a special permit from the city engineer. And any person desiring such a permit shall make written ap- plication therefor to the city engineer, which application shall designate the place where, and the reason why, such digging or excavation is intended to be made; and if such digging or ex- cavation is intended to be made for a lawful purpose, the city engineer shall make an estimate of the reasonable cost of the digging, excavation and replacing the street in as good condi- tion as it was before such digging and excavation was made, and such applicant shall, before obtaining such permit, deposit with the city engineer a sum of money equal to the amount of the engineer's estimate of the cost, and thereafter the said en- gineer shall issue a permit. And all work done under such per- mit shall be done under the superintendence and to the satisfac- tion of the city engineer, and if such work is not done to the satisfaction of the city engineer, or the street is not replaced in as good condition as it was before the work was begun, the city engineer, out of the money deposited with him, shall have said work done, and the balance, if any, of said deposit shall be refunded to the applicant. Sec. 547. No person or corporation, except merchants, in the transaction of their daily business shall deposit, place or leave any material, articles, substance or thing in any street, alley, gutter, sidewalk or public place of this city without first obtaining a permit from the city engineer. Such permit shall be issued by the said engineer if he consider that necessity 364 REVISED ORDINANCES. exists therefor for such time and to such extent as each case may seem to require. Sec. 548. Any person or corporation digging or exca- vating through, under or along any street, alley, gutter, curb, sidewalk or public place in this city by virtue or authority of any permit granted as heretofore provided, or by virtue or au- thority of any franchise or right heretofore granted by the City of Sedalia, shall cause the street, alley, curb, gutter, sidewalk or public place permitied to be occupied, dug or excavated, to be thoroughly, repaired, restored and cleaned to the satisfaction of the city engineer; and in case such digging or excavating is done by virtue of any permit granted as aforesaid, such satisfac- tion shall be endorsed upon such permit, and no permit not so endorsed shall be a bar or defense to any prosecution or viola- tion of any of the provisions of this chapter. Sec. 549. Any person erecting any building or occupy- ing any portion of the street, alley, gutter, curb, sidewalk or public place, or digging or excavating as aforesaid, with- out first obtaining such permit as heretofore provided for, or violating such permit after the same shall have been obtained, shall be deemed guilty of a misdemeanor, and upon conviction therefor, be punished by a fine of not less than one nor more than one hundred dollars, and each and every day he shall con- tinue such building or occupy any portion of the street, alley, gutter, curb, sidewalk or public place or continue such digging, opening or excavation in, on, along or under any street, alley, gutter, curb, or sidewalk or leave either unrepaired, after such conviction, shall constitute a new and separate offense. Sec. 550. All permits granted by virtue of this chapter shall be upon the application of the owner or authorized agent of the property to be built upon, or on account of or in connec- tion wiih which the digging or excavation shall be made or done, and should such excavation or digging abut against or close to, or be in or across the street, sidewalk or gutter, the ap- plicant shall build guards about such excavation at least three feet high and keep red lanterns at night at such digging as a i REVISED ORDINANCES. JU3 danger signal, and shall enter intc a bond to the City of Sedalia, with at least one good security to be approved by the city engi- neer, in the sum of not less than one hundred dollars, condi- tioned that he will hold the city harmless and indemnify the city against any loss by reason of any accident to any one arising from the negligence of the owner or authorized agent or his ser- vants or employes, in digging or excavating, or permitting the same to be done, or in refilling in a ditch or in protecting and guarding any excavation or ditch, as herein set out. Sec. 551- No person shall either by his own hand or by another under his direction dig up, remove or loosen, take or carry away any stone, brick, lumber, planks, blocks, earth, sand, gravel or any other material composing any street, ave- nue, alley, sidewalk, crossing, curb, guttering or public ground, whether the same be free and loosened or not, without obtain- ing a permit from the city engineer. Sec. 552. The city engineer shall keep a record of all permits issued which shall be regularly numbered in the order of their issue, and he shaH also file and preserve in his office the applications upon which permits are issued. He shall also keep a record of the number, description and size of ever)' building erected in the city during his term of ofifice, of what materials constructed with aggregates of the number, kind and cost of all buildings. Sec. 553. All persons engaged in the buisness of clean- ing vaults, privies and water closets, commonly called night scavengers, are hereby required to procure permits from the city clerk before plying their said vocation, provided that no permit shall be granted to any one until they have first entered into a contract with the city of Sedalia to furnish suitable grounds for the dumping and burial of the night soil, privy contents, etc., which it is proposed to remove, and enter into a bond to the city of Sedalia, with two good and sufificient securi- ties to be approved by the mayor for the faithful performance of his part of the contract which said bond shall be in the penal sum of two hundred dollars. 366 REVISED ORDINANCES. Sec. 554. That hereafter it shall be unlawful for any body or band of persons to parade the streets of the city, or to sing or play in the public streets of the city, without first ob- taining a permit from the mayor so to do. Sec. 555. Any person, officer or corporation violating, or failing or refusing to comply with the provisions and require- ments as contained and specified in this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished — unless other punishment has been heretofore specifically prescribed — by a fine of not less than one nor more than one hundred dollars. CHAPTER 22. police court. Section. 556. Establishment, purposes of. 557. Warrants, when to issue, form of. 558. Defendant, trial of, bond re- quired when, form of commit- ment on failure to give bond. 559. Police judge, to keep docket, powers of as to subpcEnas, attachments, contempt, etc. 560. Witness, refusal to testify, to be committed. 561. Continuances, when granted and for how long. 562. Depositions, may be taken, etc. 563. Trial, by jury or judge. 564. Jury, empanelling of, verdict, etc. Section. 565. Certified copies of records, etc., good as evidence, when to be made, etc, 566. Appeals, how taken. 567. Notice of, when required. 568. Defendant, committed to jail when, form of, execution, may issue. 569. What actions and parties may be joined in one suit, judg- ments and appeals. 570. Party making information to be competent witness, to pay cost, when. 571. Time of instituting suit or prosecution. Section. 556. There is hereby constituted a police court for the trial of all misdemeanors and breaches of the ordinances of this city ; and the proceedings therein, and allowance of fees, as far as practicable, shall be made conformable to the general laws of the state of Missouri regulating practice before justices of the peace. REVISED ORDINANCES. 367 Sec. 557. If the marshal, poHceman, or any other cred- ible person, shall make and subscribe an affidavit before the police judge, that any person has committed a breach of any ordinance, 01 the city, as he or she believes, naming the breach, the ordinance, or section and giving the time and place of com- mission, then in such cases the affidavit and information before named, being filed with the police judge of the city, it shall be the duty of the police judge forthwith to issue his warrant to apprehend such offender, which shall be as near as circum- stances will admit, in the following form, viz: STATE OF MISSOURI,"] County of Pettis, >ss. City of Sedalia. J To the Marshal of the City of Sedalia , Greeting : You are hereby commanded to take A. B. and bring him, together with this warrant, forthwith before the undersigned police judge of the city of Sedalia, to answer to the city of Se- dalia, on an information had for breach (or several breaches) of an ordinance of said city, entitled (insert title or number of section.) Given under my hand at the city of Sedalia this day of , 18—. , Police Judge. Sec. 558. On return of any warrant issued as aforesaid, with the defendant in custody, it shall be the duty of the police judge to proceed immediately to the trial of such defendant on the charge or statement filed against him, if witnesses can be procured, and the justice of the case will admit of it; or he shall set a day and hour for the trial of the cause, not to exceed ten days after the return of the warrant, in which case the police judge shall take a sufficient bond or recognizance, with security, to be by him approved, from the defendant, conditioned that he appear before the police judge on the day of trial and answer to said charge, which bond shall be given in the usual form of bonds in such cases, before justices of the peace, incases of mis- demeanors, to the City of Sedalia, but if said defendant shall re- 368 REVISED ORDINANCES. fuse or be unable to give such bond or recognizance, said police judge shall commit the defendant to jail in custody of the city marshal, who shall be ex-ofificio jailor, to await the day of trial, by making out a warrant of commitment, which shall be as near- ly as circumstances will admit in the following form, to-wit: STATE OF MISSOURI,] CouNiY OF Pettis, > The City of Sedalia. J To the Marshal of the City of Sedalia , Gj'eeting : Whereas, A. B. has been' brought before me, the under- signed police judge of the City of Sedalia, on a warrant, a copy whereof is herewith returned to you, at the suit of the of the City of Sedalia, in an action for the breach of certain or- dinances of said city, and the trial of said suit having been by me postponed till the day of , i8 — , and the said A. B. having refused to enter into sufficient bond for his appearance on said day to answer said action (or if defendant is unable to give bail, said A. B. having failed to enter, etc.,) these are therefore to command you to receive the body of said A. B. into the city jail, and him safely and securely keep until the said of , i8 — , and that you then bring the said A. B. before me for trial. Given under my hand, at the City of Sedalia, this day of , 1 8 — . , Police Judge. Sec. 559. It shall be the drty of the police judge when he shall issue any warrant as aforesaid, to keep a docket, in which he shall make fair and accurate entries of all suits and ac- tions instituted before him, with his proceedings thereon; and he shall issue subpoenas for witnesses on the request of either party ; and he shall have po\i^er to issue writs of attachment for witnesses to compel their attendance, and may impose fines for n^n-attendance, after being duly summoned in any cause, by way of punishment for contempt, not exceeding fifty dollars and the costs of the attachments ; and he shall moreover have power to issue venires for juries in any case wherein the intervention of REVISED ORDINANCES. 369 the jury is required by either party, or by any ordinance of the city ; and he may compel the attendance of any person sum- moned as a juror by attachment, and may impose fines for non- attendance, or for any contempt or disobedience of the orders of court, not exceeding ten dollars, and may issue execution there- for, if the same shall not be paid within ten days after it is im- posed. Sec. 560. Any person summoned and attending as a witness, or who shall be sworn in any cause to testify, who shall refuse to give evidence, on oath or affirmation, as the case may be, shall be committed to jail by the police judge, there to re- main, without bail, until he shall have given such evidence; and the warrant or commitment under which said witness may be committed to prison, shall be in the name of the state of Missouri, City of Sedalia, directed to the keeper of the jail of Sedalia, reciting the cause of the commitment, and shall be signed by the officer making the same ; and said writ shall be executed by the city marshal; Provided, that the prisoner shall be taken from prison by said marshal by whom he was com- mitted, when he shall consent to give his testimony as re- quired. Sec. 561. The poHce judge shall have the power to adjourn or continue the trial of any action brought before him to such future time as he may think proper, not exceeding thirty days, if the justice of the case shall, in his opinion, re- quire a continuance or adjournment; and upon the affidavit of either party, his agent or attorney, that the testimony of a material witness, who resides out of the city, cannot be ob- tained, or that a material witness cannot attend the trial, from infirmities of the body or other sufficient cause, stating in what the materiality of such testimony or witness consists, and that such testimony or witness could not be procured by the party making the affidavit in time for trial, and that such testimony can be procured within thirty days, the cause shall be postponed to a day certain, within reasonable time, as the distance of the witness may require; and whenever a cause is postponed, the 370 REVISED ORDINANCES. defendant shall enter into a bond in a sufficient sum, with secu- rity, to secure his appearance to the action on the day of trial and if such defendant shall fail or neglect to enter into such appearance bond, he shall be committed for trial as is provided by section 558. Sec. 562. The police judge, when any action may be pending, on application of the defendant or his agent or at- torney, shall grant a rule to take the depositions of such wit- nesses as shall be by him named, which rule, being certified by the officer granting the same, shall be sufficient authority to any justice of the peace within the United States or their territories, to take and cert.fy the depositions of such witnesses as shall be named in said rule; and the depositions so taken and certified, in pursurance of such rule, shall be lawful evidence in the trial of the cause ; Provided, that the same shall be otherwise com- petent testimony in law, and shall have been regularly taken in pursurance of lawful notice to the opposite party in the cause ; ■dnd, provided, also, that no rule shall be necessary to take the deposition of any witness found in the state of Missouri, but notice shall be given as in cases pending before the circuit court. Sec. 563. If the parties appear before the police judge either in person or by agent or attorney, he shall proceed to hear the proofs and allegations produced and made by the parties, and give judgment according to right and justice for such sum as he may think proper, or the law requires, if for the plaintiff; and he may acquit the defendant if he thinks he is not guilty of the charge alleged against him, unless the law shall require the intervention of a jury, or either party shall demand a trial by jury, in which case it shall be the duty of said police judge to empanel a jury of six lawful and impar- tial jurors. Sec. 564. The qualifications of jurors, in all actions arising under any ordinance of the city, shall be the same as in suits in the circuit courts of the State, and three jurors may be peremptorially challenged or excused from serving, for favor, REVISED ORDINANCES. 37*1 being of kin to the defendant, for corruption, legal disqualifica- tion, or having previously formed or expressed an opinion on the merits of the particular cause which they aie summoned to try; and upon a panel of six being completed, an oath or aflfirmation shall be administered to the jurors, well and truly to try the matter in dispute between the parties, and a true verdict give according to the evidence; and it shall be the duty of the jury, if they find for the defendant, to return their verdict that they find the defendant not guilty ; and upon such verdict be- ing signed by the foreman of the jury, and agreed to in open court by his fellows, the police judge shall enter upon his docket a judgment of acquittal in favor of defendant and shall adjudge costs against the plaintiff or informant as he in his judgment shall deem just, and the defendant shall be dis- charged ; but if the jury find a verdict for the plaintiff, they shall return in their verdict that they find the defendant guilty, and assess the fine, which verdict, when signed by the foreman and agreed to by his fellows in open court, shall be recorded on the docket, and the police judge shall thereupon enter up judgment against defendant, for such sum as the jury may have assessed, not exceeding nor less than the fine and forfeiture authorized by ordinance, and also all costs of suit. Sec. 565. Certified copies of the ordinances of the City of Sedalia, maps, plats and surveys of the city, or any part thereof, or orders, resolutions, minutes, journals and proceed- ings of the board of alderman, or proclamations of the mayor or president of the council, the assessment and tax list, all books kept by the clerk, mayor, treasurer and other officers of the city, and duly certified abstracts and copies thereof, and of reports, settlements and statements made in pursuance of any law, ordinance, rule or resolution, or order of the board, shall be admitted and received in evidence in all trials, actions, suits and informations before the police judge; provided, that all copies shall be duly certified by the officer or person who shall rightfully possess or keep the same, under his hand officially made; and it shall be the duty of all city officers to grant certi- 372 REVISED ORDINANCES. fied copies of their official books and papers to any defendant or other person, on application, on payment of such fees as are allowed by law to clerks of the circuit courts, which shall be paid into the city treasury ; but they shall charge no fees when any such copy is called for on behalf of the city. Sec. 566. In all cases, suits and actions arising under any ordinance of the city of Sedalia, any person or party who may think himself aggrieved by the judgment of the police judge, may, by him or themselves, or by his or their agent, have liberty to appeal from such judgment, within ten days of the rendition thereof, to the next term of the criminal court to be held in the county of Pettis ; and the party appealing shall make an affidavit that he does not make the application for an appeal for the purpose of vexation or delay but because he be- lieves that he is injured by the judgment of the police judge, and shall enter into a recognizance, with one or more sufficient securities, in a sum sufficient to secure the fine and all costs that may accrue in such appeal, which recognizance shall be, as near as may be, in the following form, to-wit : "We, the undersigned, A. B. and C. D., acknowledge ourselves to be indebted to the city of Sedalia in the simi of dollars, to be levied on our respective goods and chat- tels, lands and tenements, upon condition, nevertheless, that whereas, the said A. B. hath appealed from the judgment of G. H., police judge, of the city of Sedalia, in a certain ac^ion, wherein the said police judge of the city of Sedalia is plaintiff, and A. B. defendant: Now, if the said A. B., the appellant, shall prosecute his appeal with effect, pay and satisfy the fine and all costs, or otherwise abide the judgment of the criminal court in said appeal, then this recognizance to be void; other- wise to remain in full force and effect." Which recognizance. no given by the defendant, or any person on his behalf, shall be subscribed by the person entering into the same, and shall be attested by the police judge. Sec. 567. In all cases of appeals not prayed for and granted on the day the judgment appealed from isgiven, the REVISED ORDINANCES. 373 party appealing, or his agent, officer or attorney, shall notify in writing the opposite party, or his agent, officer or attorney, within ten days after the appeal, that such appeal has been taken; and all notices of appeals may be served by the city marshal or any policeman whose return or copy thereof shall be evidence of the facts therein stated. Sec. 568. If the amount of judgment rendered by the police judge in any action or proceeding under any ordinance of said city and the costs of suit, shall not be paid immediately after the rendition thereof, to the officer by whom said judg- ment was given, or to the city marshal or clerk of the city, unless an appeal has been granted as aforesaid, which shall operate as a supersedeas, it shall be the duty of the officer by whom such judgment has been rendered to commit to jail any defendant until judgment and costs shall be paid, the warrant for such commitment shall be in the following form, viz: STATE OF MISSOURI, City of Sedalia. To the Jailer of the City of Sedalia : Whereas, A. B. has been brought before me, the under- signed, police judge of the City of Sedalia, on a warrant issued in behalf of the City of Sedalia, on an information for the breach of certain ordinances of said city; and, whereas, on the trial of the said A. B. on said information, he was found guilty of the charges contained in said information, and a fine of dol- lars was assessed as the punishment thereof, and judgment was rendered therefor, together with costs of suit, and the said A. B. having failed to pay the same: These are, therefore, to com- mand you to receive the body of the said A. B. into the jail of said city, and him safely and securely keep until said fine and costs shall be paid. Given under my hand, at the City of Sedalia, this day of , 18 — . -, Police Judge. In a'ddition to issuing said warrant of commitment, the po- lice judge issuing the same may issue an execution against the 374 REVISED ORDINANCES. goods, chattels and personal property of the party committed for the satisfaction of the fine and costs, which execution shall be issued in like manner and form, have the same effect and force, and be returned and executed in the same manner as exe- cutions issued by justices of the peace ; and the marshal shall have the same power as constables have under executions issued by justices of the peace. Sec. 569. When any person shall have committed sev- eral breaches of the same or similar ordinances at different times, which breaches are, or may be, of the same nature, punishable by fine or forfeiture, it shall be lawful to join said several breaches together in one and the same action, and the fine im- posed by ordinance may be imposed jointly, and judgment en- tered therefor accordingly for the whole amount of such fine; and it shall be lawful to find the defendant not guilty as to one or more breaches, and guilty as to the others; it shall also be lawful to join several defendants in the same action, for one of several offenses against any ordinance or ordinances of the same nature, if said several defendants were present and committed said several offenses in the presence of each other, and some of said defendants may be found guilty and others acquitted, as if they had been tried separately ; and if several defendants shall be convicted in the same action or information, judgments against each shall be several, and execution may be issued against them severally: Provided, however, that when several judgments are rendered in the same action or information, the costs of suit shall be apportioned among the defendants accord- ing i"o equity and justice, so that each defendant shall pay his ratable share thereof; and each defendant shall have the right of appeal in the same manner as if he had been sued and tried separately, or all the defendants may join in such appeal. Sec. 570. On the trial of all persons for offenses against the ordinances of the city, the informant shall be a competent witness in the case to prove the commission of the offense, and said informer shall pay costs of prosecution if the defendant be acquitted, if, in the opinion of the officer trying the cause, the REVISED ORDINANCES. 375 information was or is vexatious or malicious, or has been insti- tuted without any just cause, to be adjudged against him by said officer at his discretion, and execution shall issue therefor as in other cases. Sec. 571. No person or persons shall be sued or prose- cuted, tried or punished for any offense against any ordinance of the City of Sedalia, unless proceedings for the same shall be commenced within one year next after the offense shall have been committed, unless said offender shall have fled or ab- sconded, or absented himself from the city during said period of one year after the commission of the offense, or shall have concealed or absented himself for the period aforesaid in such manner that process could not be served upon him, in which case the provisions of this section shall be no bar to the institu- tion and prosecution of such suit, action or proceeding. CHAPTER 23. PISTOL GALLERIES. Section. 572. To keep or maintain, consent of what property owners necessary. 573. License, when to be granted. Section. 574. Tax on, what and when to be paid. 575. License, may be revoked, when 576. Misdemeanor, to violate this chapter. Section 572. It shall be unlawful for any person or persons to keep or maintain for themselves, or by them for another, any place for the purpose of rifle practice, or target shooting, com- monly called "pistol galleries," in any building or upon any lot of gound within the city limits, without first having obtained the written consent of two-thirds of all the owners or occupants of property or rooms within three hundred feet of the place where such "pistol gallery" is to be kept. Sec. 573. Parties desiring a license for such pistol gal- leries shall present to and file with the city clerk the written 376 REVISED ORDINANCES. consent of the owners and occupants of property or rooms as provided in section 572 of this chapter, and shall make aflfidavit before said clerk that such statement so provided to be filled, contains not less than two-thirds of all the owners or occupants of property or rooms within three hundred feet of the place to be occupied for such purposes, whereupon the clerk shall issue a license. Sec. 574. There shall be paid to the city of Sedalia a license tax of fifty dollars per year by the keeper of all "pistol galleries," to be paid semi-annually on the first day of May and November of each year, which license tax shall be paid be- fore a license is issued by the city clerk. Provided, a license may be issued from day to day at the rate of one dollar for each and every day so issued. Sec. 575. Where a license has been granted in pursuance of the provisions of this chapter the same may be revoked by the council, upon the written request of two-thirds of the owners or occupants of the property or the rooms within three hundred feet of the place where the same is kept and said re- quest shall be verified by the afftdavit of one of the signers thereof as to its correctness and that it contains the required two-thirds majority. After the revocation of said license such business shall immediately cease. When a license is revoked a pro rata amount of the license charges shall be returned by the city. Sec. 576. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not exceeding one hundred dollars. REVISED ORDINANCES. 377 CHAPTER 24. PLUMBERS. Section. 577. License, not to have, a misde- meanor. 578. Application for, how made. 579. Bond to be filed, when. Section. 580. Streets, excavations, etc., in, how made and repaired, vio- lation of this chapter a misde- meanor. Section 577. Plumbers license for one year shall be granted by the city clerk to practical plumbers only and upon making application for a license they must furnish the city clerk with satisfactory evidence of experience in busine^s and a proper qualification for the work. Any person not so licensed who shall do any plumbing, shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not less than five nor more than fifty dollars. Sec. 578. Application for a license shall be made in writing to the city clerk, and it shall state the full name of the applicant, and if a firm it shall give the full name of each mem- ber, the place of business existing, and the proposed place of business. Sec. 579. At the time of receiving a license the party shall execute and deposit in the office of the city clerk a good and sufficient bond with two or more sufficient securities to be approved by the mayor, in the sum of three thousand dollars, conditioned that said plumber shall perform his work in faithful and workmanlike manner, and that he will indemnify and save harmless the city of Sedalia from all accidents and damages caused by any negligent or unskillful work or in protecting the same, and that he will also replace and restore the pavement or street or alley over any opening he may have made to lay ser- 3/8 REVISED ORDINANCES. vice pipes or for other purposes, to as good state and condition as he found it, and maintain the same in said condition for one month thereafter. Sec. 580 Where work is done in a street the street must be opened in the manner which will occasion the least inconve- nience to the public and admit of the uninterrupted passage of water along the gutter. No excavation in any public place must be left open over night, and every precaution must be taken for the public safety. In refilling the trenches the earth must be put back in nine inch layers and thoroughly rammed and settled with water. The street and pavement must be re- stored to as good condition as previous to making the excava- tion, and all dirt, stone and rubbish must be removed imme- diately after the completion of the work. Should an excavation in any street, alley or highway be left open or unfinished for the space of twenty-four hours, or should the work be improperly done, or the rubbish not removed, the city shall have the right to finish and correct the work at the expense of the plumber whose work is thus finished or corrected, which shall be paid by such plumber before he can receive another permit. Any per- son violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, be fined not less than five nor more than one hundred dollars. REVISED ORDINANCES. 379 CHAPTER 25. PRIVIES AND WATER CLOSETS. Section. 581. Buildings, what to have, vaults and closets. 582. Filthy, leaking, etc., misde- meanor. 583. Vaults, etc., not connected with sewer, how constructed and kept. 584. When to be connected with sewer, failure to a misde- meanor. Section. 585. Connection with sewer, man- ner of. 586. Leaking vaults, etc., unlaw- ful. 5S7. Misdemeanor to violate thi.s chapter, punishment when not specially provided. 588. Marshal and police, to report concerning, etc. Section 581. Each and every building within the City of Sedalia, used as dwellings, stores, livery stables, tenement houses, warehouses, factories, mills, foundries, depots, schools, semina- ries, hotels, restaurants, boarding houses, jails and shops, shall be provided and furnished with suitable and lawful privy vaults or water closets, and this shall be for sanitary purposes. Sec. 582. Any owner, lessee, tenant or agent of any building or lot, of any ground in the City of Sedalia who shall maintain or allow to exist about or on said building or lot of said ground, any privy, privy vault, basin, cess-pool or water closet which shall be found in an overflowing, leaking, full, filthy stinking, insecure, defective or unlawful condition, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one dollar nor more than one hun- dred dollars for each offense ; and every day on which a viola- tion of this section exists as to any promises, shall constitute a separate and distinct offense. Sec. 583. On all premises not so situated as to be access- ible to the sewerage system of the city, public district or pri- vate, the vaults of all privies shall be not less than four feet 38o REVISED ORDINANCES. deep below the surface of the ground and securely walled or lined up with brick, stone or other substantial material, at least eight inches above the surface of the ground ; the wall or struct- ure of the privy to be closely connected and built to and upon such vault so as to prevent the escape of foul odor or gases, as near as may be, and no privy having a vault not connected with the sewerage system of the city shall be constructed nearer than two feet of any public alleys of the city ; and no privy having a vault not supplied with and continuously cleansed by water, and not connected with the sewerage system of the city shall be con- structed nearer than ten feet to any public streets of the city or to the property of another, and in no case nearer than two feet. Whenever any such privy vault shall become full to within two feet of the top it shall be emptied and its contents removed, and it shall be unlawful to build or maintain any privy vault or privy structure situated as described in this section otherwise than is herein provided. Sec. 584. The vaults, privies and water closets in or be- longing to all buildings designated in section 581 of this chap- ter located on a line of any street or alley through which there is a public, district or private sewer shall be connected by their owners, lessees or agents of such property, with such district, public or private sewer, whenever required to do so by the or- der of the board of health, which order shall be served in the same manner as writs of summons are required to be served in civil cases, and if the owner, lessee or agent who shall have been served with such notice shall fail to comply with the order of the board of health in the time indicated in such order, then such owner, lessee or agent shall be deemed guilty of a misde- meanor, and on conviction, shall be fined not less then one dol- lar nor more than one hundred dollars ; and every day on which a violation exists as to any promises shall constitute a separate offense. Sec. 585- All vaults, privies or water-closets hereafter to be connected with the sewerage system of the city shall be con- nected in such a manner and accordance with such general REVISED ORDINANCES. 381 plans, as may be adopted by the sewer commissioner and city council, and any other manner of connecting privies or water- closets with the sewerage system of the city shall be unlawful, and any person who shall violate any of the rules and regula- tions so adopted by the sewer commissioner and city council shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than one dollar nor more than one hun- dred dollars. Sec. 586. No privy, privy-vault or water-closet now ex- isting or that may be hereafter constructed shall be so constructed or maintained as to permit or cause a leak or seap therefrom into or upon the premises upon which the same is located, or the premises of the adjacent property owners, through the ground, building-walls, cellar-walls or in any manner whatever whereby there shall be created any foul odor or gas. Sec. 587. Any person violating or failing to comply with any of the provisions of this chapter and to which no special penalty is attached, shall be deemed guilt}^ of a misdemeanor and on conviction shall be fined not less than one dollar nor more than one hundred dollars. Sec. 588. It is hereby n^ade the duty of the city marshal and all sanitary and police officers to report to the board of health any and all violaLions or failures to comply with the pro- visions of this chapter, by any person or persons and thereupon the board of health shall go upon and view the premises and issue such orders to the city marshal as the exigencies of the case may require ; and all offenses coming under the provisions of this chapter and not included in sections 584 and 586 shall be promptly reported and prosecuted by the city marshal and all sanitary and police officers of the city. And any person or persons failing or refusing to comply with any requirements contained in any order issued by the board of health as provided in this chapter shall be deemed guity of a misdemeanor and on conviction shall be fined not less than one dollar nor more than one hundred dollars. All orders of the board of health shall be served as provided by section 584 of this chapter. 382 REVISED ORDINANCES. CHAPTER 26. PRISONERS. Section 589. To be worked upon streets, etc. 590. Ball and chain, used when, if refractory, what. 591. Days work, allowance for, ap- plied to fine. Section. 592. Food of, when at work, to con- sist of what. 593. Officer in charge, to keep what records, etc. Section 589. Whevever any person is committed to the city jail for the non-payment of any fine, the police judge shall issue an order to the city marshal directing him to work the person named in such order upon the streets or public works of the city; and the said marshal shall have the control and cus- tody of such person during the hours of each day mentioned in said order, until such fine and costs be fully satisfied and paid ; but said marshal shall return said person to the city jail for safe keeping every night; and it shall be the duty of the marshal to see that such prisoner is kept at work during the hours of the day that he is committed to his charge ; Provided, that the marshal may place any such prisoner in ^he charge of the street commissioner to be worked. Sec. 590- Whenever any prisoner or prisoners shall be required to work upon the streets or other public works of the city by the city marshal, said marshal or the street commis- sioner if he deem it necessary for the confinement and safe keeping of such prisoner, or prisoners, shall have power to secure such prisoner with a ball and chain, or by coupling any two or more of them to a chain in such a manner as to secure them from escaping while at work. If any prisoner prove re- fractory, and refuse to work upon the street, or elsewhere when REVISED ORDINANCES. 38^ ordered by the officer in command, such officer may, if he con- siders it proper, place such prisoner on a diet of bread and water alone. Sec. 591. Each prisoner shall, for each day he works, be allowed the sum of one dollar, to be applied to the liquida- tion of his fine and costs. Sec. 592. Any prisoner who shall be ordered by the city marshal or street commissioner to perform any work or labor in payment of any fine charged against him, shall, when he per- forms a reasonable day's work, receive three substantial meals per day, said meals not to cost more than thirty cents; but if said person fail or refuse to do a reasonable day's work, he shall receive only two meals per day, said meals not to cost more than twenty cents. Sec. 593. The city officer having such prisoners in charge shall keep a record of the number of days that they remain in his charge as city jailer, and he shall also keep a record of the number of days which they may work, whether it be a reason- able day's work or otherwise, and he shall feed them accord- ingly, and return a copy of said record with his bill for feeding to the city council for allowance and payment, which record shall be certified to by the city clerk. 384 REVISED ORDINANCES. CHAPTER 27. PUBLIC IMPROVEMENTS. ARTICLE L— Streets. ARTICLE II.— Sidewalks. ARTICLE I. STREETS. Section. 594. Name of, how changed. 595. Macadamize, gutter, etc., when and how done. 596. Bringing street to grade, cost of included in assessment, when, etc. 597. Macadamizing, guttering, etc., what to control. 598. Work done, approval of, etc. 599. Materia], inspection of. 600. Rejected or inferior material used, removal of, etc. 601. Notice of, what is, debris, etc., removal of. 602. Red lights, barricades, etc., tearing down misdemeanor. 603. Street, what use of when in construction a misdemeanor. 604. Damage to water, etc., who to sustain. 605. For failure to commence or complete work, what damages etc. 606. Failure or refusal to do work, city may complete, costs of. Section. 607. City engineer, decision of, final, etc. 608. To make estimate of costs, before letting contract. 609. Contracts for work on, how let, etc. 610. Bids for work, how accepted, contract and bond for, when filed. 611. Certified check or bond, con- tractor to file with bid, etc. 612. Contract and bond for work, time of filing and nature of. 613. Supervision of work, etc., who has, report and approval of. 614. Special tax bills for, how ap- portioned, issued, etc. Prima facie evidence of regu- larity, lien on property, etc Interest on tax bills, what rate, etc. Tax bills, assignable, etc. To be made in three annual payments, when, lien of, rate of interest, etc. 615. 616. 617. 618. Section 594. Whenever it is deemed necessary by the council to change the name of any street or avenue, the council shall, by resolution, declare such proposed change of name necessary to be made, and shall cause such resolution to be published at least one week in some newspaper published in the REVISED ORDINANCES. 385 city; and if, within four weeks after such publication, a majority of the resident property owners along the line of such street or avenue do not file with the city clerk their written protest against such proposed change of name, then the council shall have power by ordinance to change the name of such street or avenue in accordance vnth the terms of such resolution ; and upon the passage and approval of such ordinance, the city clerk shall file with the recorder of deeds ot Pettis county a cer- tified copy of such ordinance, and such recorder shall enter the same upon the records of such county. Sec. 595. When the council shall deem it necessary to pave, macadamize, gutter, curb (where such curbing is set out into the street beyond the sidewalk,) or otherwise improve any street, avenue, alley or other highway, or any part thereof, within the limits of the city, for which a special tax is to be levied, as provided by the charter and ordinances of the city, the council shall, by resolution, declare such work or improvements neces- sary to be done, and cause such resolution to be published in some newspaper published in the city, for two consecutive weeks ; and if a majority of the resident owners of the propert}' liable to taxation therefor shall not, within ten days thereafter, file with the clerk of the city their protest against such improve- ments, the council shall have power to cause such improve- ments to be made, and to contract therefor, and to levy the tax as provided by the charter and ordinances of the city. Sec. 596. The city council may, by ordinance, include in the special assessments the cost of bringing to the established grade any street, avenue, alley or other highway or squa e or area formed by the intersection or meeting of streets or other highways, or parts thereof, proposed to be improved, when in its judgment or opinion the general revenue fund of the cit)' is not in a condition to warrant an expenditure therefrom for bringing the same to the established grade: Provided, that the resolution declaring such work necessaiy to be done, and pub- lished in some newspaper published in the city, shall, in ad- dition to the other work or improvement therein provided for, 386 REVISED ORDINANCES. include and describe the work of bringing such street, avenue, alley or other highway or square, or part thereof, to the estab- lished grade. In all such cases where such work is authorized by virtue of such a resolution, and is contracted for in pursuance thereof, the bringing to grade as above described shall be in- cluded in the same contract with the other work provided for therein, and tax-bills shall be issued in payment for all said work as may be provided for by ordinance. Sec. 597. The work of paving, macadamizing, gutter- ing and curbipg (where such curbing is set out into the street beyond the sidewalk,) and grading, when such grading is in- cluded in the contract with other improvements as provided in the preceding section, or otherwise improving any street, ave- nue, alley or other highway or any part thereof, after the city has obtained jurisdiction thereof, by the publication of the resolution as required by the two preceding sections, and the same not successfully remonstrated against, shall be controlled and governed by this article, except so far as may hereafter be otherwise specially provided for by ordinance. Sec. 598. Any work done in pursurance of the provis- ions of this article shall be construed to include all the labor and material necessary to the complete and entire finishing of the improvements under contract, and shall be done in a thorough and workmanlike manner and to the entire satisfaction of the city engineer and city council and when done shall be complete in every respect. Sec. 599. All material shall be carefully inspected by a competent person, after it is brought on the line of work, and all material which in quality and dimensions does not conform to the specifications under which the work is being constructed, shall be rejected and such rejected material shall be immediately removed from the line of work. Sec. 600. If at any time any rejected or inferior mate- rial should be found in any part of the improvement being made under contract duly entered into or any portion of the work be found improperly done, such material and work shall be re- REVISED ORDINANCES. 387 moved and replaced with proper material and work at the ex- pense of the contractor. Sec. 601. Notice of any inferiority of material proposed to be used or that may be used, or any imperfection of work done, to any foreman, agent or other person in charge of the work or any part of it, in the absence of the contractor, shall be considered a notice to the contractor. The contractor shall remove all material and debris from the street as soon and as fast as completed. Sec. 602. The contractor shall maintain red lights at all holes or other dangerous or unsafe places on the line of the work from sunset to sunrise each night, and shall keep all dangerous or unsafe places on or along the line of work thoroughly barricaded and protected. Any person who shall carry away, take down, extinguish any light or signal, or at- tempt to carry away, take down, destroy, injure or extinguish any such light or signal put up by any contractor as required by this article, or any person who shall take down, break through, drive over or remove any barricade put up by any contractor under the requirements of this article, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one dollar nor more than one hun- dred dollars. Sec. 603. Any person who shall use or attempt to use any street or other highway in any manner whatsoever, which is in process of construction, whereby the same may be injured or the work affected or delayed, without the consent of the con- tractor or his foreman or agent, shall be deemed guilty of a mis demeanor, and upon conviction, shall be punished by a fine of not less than one dollar and not more than one hundred dollars: Provided, that nothing herein shall apply to the city fire department while in the regular discharge of their duties going to and returning from fires, and at fires. Sec. 604. The contractor and his securities will be held responsible for all damage done to water, gas. drain or sewer pipes; and all loss, injury or damage arising out of the nature 388 REVISED ORDINANCES. of the work to be done, or from any unforeseen or unusual ob- struction or diflficulties which may be encountered in the prose- cution of the same shall be sustained by the contractor. Sec. 605. It is expressly provided that if any contractor having a contract with the city to do work under the provisions and by authority of this article, who shall fail to commence the work at the time provided by ordinance or contract, he shall forfeit all rights under his contract, and shall be liable to such damages as may be shown the city or the persons affected, has sustained, and, any contractor who shall fail to complete any work within the time specified in his contract, or prescribed by the ordinance providing for the work, shall pay such penalty per day as shall be stated in the contract or ordinance providing for the work, and any such amount so stated shall be paid as liquidated damages, and shall be deducted from the final esti- mate of the work, and the total cost of the work shall be re- duced or diminished by the total amount of the forfeiture or damages, which shall be ascertained and fixed by the council, in such manner as they may deem proper or as shall be pre- scribed by ordinance or contract; and when done by the coun- cil independent of any contract or ordinance provisions previous- ly stated or enacted, it shall be by resolution. Sec. 606. Upon the failure or refusal of any contractor to do any work for which he may have a contract with the city, or shall fail or refuse to comply with the requirements of his con- tract, the city shall have the right, by resolution or ordinance, to provide for the employment of sufficient help and provide the necessary material to complete such contract or any part thereof, or may award the contract for the completion of such work in the same manner and under the same requiie- ments as is provided for the awarding of contracts in the first in- stance. In such cases the original contractor shall not be en- titled to receive any of the tax bills in payment for work done by him, until all cost of completing the work by the city or other person is first satisfied: Provided, that the contractor shall, in no event, be liable for an amount which exceds the engineer's REVISED ORDINANCES. 389 estimate, made before the original contract was awarded, except in such cases as an excess may be caused by the acts or omis- sions of the contractor himself. All excess of cost of complet- ing any such work, including the material therfor over the origi- nal contract price, and within the city engineer's original esti- mate, as well as all costs and expenses of every kind incurred on account of the failure or refusal of the contractor to complete the work, shall be sustained by the contractor and his sureties on his bond. Sec. 607. Upon all questions concerning the character of material used, the execution of the work done and the meas- urement thereof, the decision of the city engineer shall be final. The city engineer shall have power to discharge careless or in- competent workmen. Sec. 608. Before the council shall make any contract for any public improvements done or to be made under the pro- visions of this article, an estimate of the cost thereof shall be made by the city engineer, and submitted to the council; and no contract shall be entered into for any such work or improve- ments for a price exceeding the engineer's estimates. Sec. 609. After providing for the making of any public improvements by authority of and in conformity to the pro- visions of this article, and any special ordinance enacted here- after, and the adopting of specifications by the council for such work, by ordinance, and the making and submitting of the en- gineer's estimate to the council, upon being ordered by the council, the committee on streets and alleys shall advertise for sealed bids for such improvements. All advertisements by the committee on streets and alleys for bids for any public work or improvement provided for by ordinance, and wherein the pro- visions of this article are made to control in whole or in part, shall be by publication in the newspaper doing the city printing for ten days. The council shall have the right to reject any and all bids. In the event that no bid is submitted, or all bids are rejected, the council shall have the right to direct the com- mittee on streets and alleys to again advertise for bids as in the 390 REVISED ORDINANCES. first instance until acceptable bids are received. If the coun- cil be satisfied after the first or any subsequent advertisement that no acceptable bids can be obtained, they may by resolution or ordinance declare all proceedings abandoned with reference to such work or improvement, or may change the specifications by amending the original ordinance providing for the improve- ment, and again advertise as in the first instance. Sec. 6io. If the council shall desire to accept any bid received for any such work or improvement, they shall accept the same by a majority vote of the members elected to the council, the yeas and nays to be entered on the record of the proceedings. Such an acceptance of a bid shall be considered an award of the contract for the work or improvement bid for, and the successful bidder shall enter into proper contract and required bond, within ten days after the award is made. Sec. 6ii. Each bidder for any public work or improve- ment to which the provisions of this article apply, and the cost of which shall exceed fifty dollars, shall submit with his bid a certified check on some Sedalia, Missouri, bank, payable to the order of the city treasurer in a sum equal to one per cent of the amount of his or their bid, or a bond with one or more good and suf^cient sureties to be approved by the mayor, in the sum of five per cent of the amount of such bid, condi- tioned that if his bid is accepted he will within ten days enter in contract and bond therefor as required by this article or any special ordinance. The checks or bonds of unsuccessful bid- ders shall be returned to them ; those of contractors whose bids are accepted shall be held until they shall have entered into proper contract and bond as required by ordinance, and in ac- cordance with their bids, at which time such checks or bonds shall be returned to them. In case any person whose bid is ac- cepted shall fail, refuse or neglect to enter into written con- tract and proper bond as required by this article, within ten days after the acceptance of his bid the certified check depos- ited by him shall be forfeited to the city. And where a bond is entered into instead of such check being given, the mayor REVISED ORDINANXES. 39 I shall order such action as shall forfeit such bond, and in either case the amount shall be forfeited to the city as liquidated dam- ages on account of the failure of any such person or persons entering into contract and bond as aforesaid. All money real- ized from such checks 01 bonds shall be paid into the city treas- ury and placed to the credit of the general expense account. Sec. 612. Every person to whom a contract for any public work or improvement, mentioned in this article, is awarded, shall within ten days thereafter enter into written con- tract with the city to do and complete the same according to the plans, specifications and ordinances, within the time pre- scribed by ordinance, or agreed upon between the city and the contractor, and without negligence, causing or tending to cause damage to private property, for which the city might be held liable ; and providing that in all cases where the work done is to be paid for by special tax-bills, the contractor shall accept pay- ment for said work in such special tax-bills duly levied and as- sessed against the property liable therefor, and that the city shall not, in any event, be held liable for any sum whatever for the doing of such work or improvements nor the cost nor any part of the cost thereof. At the same time every such contrac- tor shall enter into bond in a sufficient amount with two or more good and sufficient securities, to be approved by the mayor, conditioned that the contractor will faithfully and in every particular comply with all of the terms of his contract and with the terms, conditions and requirements of the charter and ordinanaces of the city with reference thereto or in any manner affecting or controling the terms of said contract and bond, and with the plans and specifications for said work or im- provements. All such contracts and bonds shall be filed in the office of the city clerk where they shall be safely kept and pre- served, and shall be open to inspection by any person interested therein and to none others except by the permission of the city clerk, except the purpose of such inspection desired by any one else shall appear to be reasonable. 392 REVISED ORDINANCES. Sec. 613. All work done under any contract entered into under the provisions of this article shall be done and carried on under the supervision and direction of the city engineer and the committee on streets and alleys, who shall personally inspect the work as it progresses and see that the same is done in ac- cordance with the plans, specifications, contract, ordinances and charter governing the same : Provided, however that the coun- cil shall have the right to appoint a suitable and competent person as inspector of any such work ; the appointment of such inspector shall not however relieve the city engineer from a per- sonal inspection of the work, and material used therein, as often as it may be deemed necessary to insure the contract for the same to be complied with in every particular. On the comple- tion of any such work, if in che opinion of the engineer and the committee on streets and alleys, said work has been done and completed in accordance with the contract, plans, specifications and ordinances, they shall so report to the council. If the council shall approve said report such approval shall be deemed an ac- ceptance of the work by the city, and the council shall thereup- on provide for payment thereof, or issue special tax-bills against the property liable therefor in accordance with law and the ordinances of the city. Sec. 614. After a bid is accepted and the contract awarded for any improvement, payable in special tax-bills, it shall be the duty of the city engineer to calculate the cost thereof, which calculation shall be made, and the cost of the improvement apportioned in the manner provided by the char- ter, or any ordinance of the city which is not inconsistent with the charter, and shall return such calculation in writing to the city clerk, and it shall be the duty of the city clerk, on receipt of such calculation, and upon approval by the city council of the work done, and the special tax being duly assessed, to ap- portion the cost thereof as provided by law, and in conformity to the calculation of the city engineer, and when the city clerk shall have thus apportioned the cost of such improvement among the property owners, he shall issue and deliver to the REVISED ORDINANCES. 393 contractor special tax-bills, duly signed by the mayor and at- tested by the city clerk, for the cost of the construction of the work under contract including the material used therein. Said special tax-bills shall refer to the ordinances of the City of Sedalia which may control or effect them or their issue or the assess- ment, in appropriate terms, recite the kind of work done and the material by its general term furnished therein, describe the lot of ground or real estate on which the tax lien rests, the name of the owner thereof, and the amount for which each tract of ground separately assessed is liable, and the name of the con- tractor, and the contractor shall receive and receipt for such tax- bills, when delivered to him. in full for all claims under his contract against the city of Sedalia for any and all work done and material furnished. Sec. 615. Said speci il tax-bills shall, in any action thereon, be prima facie evidence of the regularity of the pro- ceedings for such special assessment, of the validity of the bill, of the doing of the work, and of the furnishing of the material charged for, and of the liability of the property to the charge stated in the bill, and shall be and become a prior lien upon the property charged therewith, and may be collected of the owner of the land in the name af the city to the use of the contractor, as any other claim, and the city of Sedalia shall not be liable in any manner whatever for or on account of any work done or material furnished, or the cost thereof. Sec. 616. All tax-bills not made payable in three annual installments, as hereinafter provided for, whenever no other rate of interest is provided for by the ordinance providing for the doing of the work, shall bear interest after thirty days from the date of issue at the rate of eight per cent per annum, and every such special tax-bill shall be a lien against the lot or piece of ground described therein until the same is paid. Sec. 617. All such special tax-bills issued for special assessments for paving, macadamizing, curbing, guttering, ex- cavating, grading, construction of any street, avenue, alley or other highway, and for district fewers, and for any other pur- 394 REVISED ORDINANCES. pose whatever, authorized by the charter of the city, shall be assignable and collectable in any action brought in the name of the city, to the use of the holder thereof; but the city shall not in any event be liable for any cost that may accrue in any such action. Sec. 6i8. The total cost of paving, macadamizing, curb- ing, guttering and the necessary excavation and grading for the same, as is now provided by law, of any street, avenue, square or alley, or other highway, or any part thereof, may be paid in three annual payments — one-third in one year, one-third in two years and one-third in three years, from the date of issue of the special tax bills, each payment to bear not to exceed eight per cent, interest per annum from the date of issue to date of pay- ment. And when no other rate of interest is provided by ordi- nance hereafter, all such tax bills shall bear eight per cent, in- terest per annum: Provided, that the owner of any lot or par- cel of ground fronting on such street, avenue, alley, or other highway or square, or part thereof, improved, shall, within thirty oays after the letting of the contract for such work, notify the city clerk in writing that he desires to pay for the same in three annual payments. In such cases the city clerk shall make out three special tax bills, which shall be signed by the mayor and attested by the city clerk, each for one third part of the cost of such work, bearing interest as aforesaid, and deliver the same to the contractor for the work. Each and every such tax bill shall be a lien on the lot or parcel of ground therein de- scribed, and such lien shall continue for one year from the ma- turity of the tax bill last becoming due until paid or until the final determination of any legal proceedings to collect the same ; but no such suit shall be brought on any such tax bill until after the maturity of all such tax bills. REVISED ORDINANCES. 395 ARTICLE II. SIDEWALKS Section 619. Construction, condemnation, etc., control of. 620. Work, to include what, man- ner of. 621. Material, inspection and re- jection of, etc., city may com- plete work when, costs of 622. City engineer, decision of, final. 623. Brick sidewalks, specifications for. 624. Concrete and granitoid, speci- fications. 625. Stone, specifications. 626. Wooden, specifications. 627. Material, owner may elect kind of, a-ud construct walk when, city when and how. 628. Width and material of, fixed by ordinance, to construct differently misdemeanor. 629. Bring street to grade, cost of contracts, how let. 630. Condemnation and removal of, to repair condemned walk, misdemeanor. Section 63 1 . Estimates of costs.how and when made, to include what, etc. 632. City to construct, when and how, costs of how collected, special tax bills, etc., con- cerning. 633. Tax bills how collected, and may be assigned. 634. Work under contract, paid for with special tax bills. 635. Costs, assessment of how ap- portioned. 636. Engineer to compute costs, clerk to issue tax bills, etc. 637. Tax bills, prima facie evidence of what, lien of interest on, etc. 638. Street commissioner, maj- re- pair with or without notice, account of to be kept, what deemed notice. 639. Special tax bills, how levied, interest, assignable, etc. 640. Clerk to make abstract record of tax bills and deliver to col- lector. Section 619. The construction, condemnation, recon- struction and repairing of sidewalks within the City of Sedalia, Missouri, and ail matters pertaining thereto, shall be controlled and governed by this article, except so far as may hereafter be otherwise specially provided by ordinance. Sec 620. The work of construction, reconstruction, re- moving and repairing any sidewalk constructed under the pro- visions of this article, shall include all of the labor and material necessary to fully complete the same, and that the entire im- provement made under any contract duly entered into shall bo done in a thorough and workmanlike manner and to the entire satisfaction of the city engineer or street commissioner, and when done shall be complete in every respect. 396 REVISED ORDINANCES. Sec. 621. All material will be carefully inspected after it is brought on the line of work, and all material which in quality and dimensions does not conform to the specif.cations of this ar- ticle or any ordinance which may provide specifications not con- tained in this article, shall be rejected and such rejected mater- ial shall be immediately removed from the line of work. If at any time during the progress of the work any rejected or infer- ior material should be found in a sidewalk being built under con- tract, or any portion of the work found improperly done, such material and vyork shall be removed and replaced by proper ma- terial and work at the expense of the contractor. Notice of an imperfection of work or inferiority of material to any foreman or agent in charge of any portion of the work, in the absence of the contractor, shall be considered a notice to the contractor. The contractor will be required to move at his own expense, all ob- structions, such as trees, stones, etc. The contractor shall remove all material and debris from the street as soon and as fast as completed. The contractor shall maintain red lights at night time at all holes or other dangerous places on the street, and shall keep all dangerous places adjacent to the work and on the street at all times barricaded and protected. The contractor will be held responsible for all dama^^e done to water, gas, drain or sewer pipes; and all loss or damage arising out of the nature of the work to be done, or from any unforeseen or unusual obstruc- tion or difificulties which may be encountered in the prosecution of the same, shall be sustained by the contractor. It is express- ly provided that if any contractor having a contract to do work under the provisions and by authority of this article, shall fail or refuse to comply with any of the requirements of his contract, the city shall have the right, which shall be ordered by resolu- tion, to employ suflficient help and provide the necessary mater- ial to complete such contract, or may award the contract for the completion of such work in the same manner as the original contract is provided herein to be awarded, and to pay for the same the city shall be authorized to retain tax bills in amount sufficient to reimburse itself therefor, or to pay any person who REVISED ORDINANCES. 397 shall take a contract for completing such work as in this article provided, and where there is any dispute between the original contractor and the city as to the amount that shall be retained, the same shall be settled by three arbitrators or appraisers, each of whom shall be competent judges of such work, and shall be selected, one by the city council and one by the contractor and a third by these two, and the finding of such arbitrators shall be binding and conclusive upon all parties. Sec. 622. Upon all questions concerning the execution of the work done, in accordance with the specifications, and the measurement thereof, the decision of the city engineer shall be final. The city engineer shall have power to discharge careless and incompetent workmen. Sec. 623. Specification for brick sidewalk: All brick out of which any sidewalk is built shall be hard burned brick, laid on their face with their longest dimensions diagonally across the walk upon a layer of sand not less than one inch thick, which rests upon a form of well compacted cinders not less than four inches in thickness; the borders of the sidewalk to be com- posed of a layer of brick set upon edge; all irregular spaces to be filled with pieces chipped as near as possible to fit same, the whole to be covered with a thin layer of sand, which is to be thoroughly worked into the spaces between the bricks. Sec. 624, Specifications for concrete and granitoid side- walk : The concrete shall be not less than four inches in thick- ness, and shall rest upon a form of well compacted cinders, not less than four inches in thickness. The concrete to be mixed in the following proportions: Portland cement, one measure, clean, sharp sand, two measures, and stone or gravel, five measures. Where granitoid sidewalks are provided for, and to be constructed, crushed granitoid shall be used instead of gravel or stone. It shall be mixed from time to time as required for use, the whole to be thoroughly mixed in a box dry, and water to be added to only so much of the material as can be used at once. It shall be immediately laid in place to a thickness, less by one-half an inch than that required by the specifications. 398 REVISED ORDINANCES. As soon as this is done and before the cement has had time to set, the surface shall be roughened by scratching, and the top layer composed of one volume of Portland cement, and one volume of clean, sharp sand, shall be spread over it to a uni- form thickness of one-half inch, it shall then be thoroughly smoothed with a mason's trowel. The concrete walk shall be laid in sections not less than four feet square, except as may be otherwise provided by special ordinance. Sec. 625. Specifications for stone sidewalk : All stone shall be good, sound lime-stone, or "Gilfillan flag stone," not less than two inches thick, and shall be laid on a form of well compacted cinders, not less than five inches thick; the stone or "flags" shall not be less than four feet wide, except as may be otherwise provided by special ordinance, the longest dimensions to be laid crosswise of the walk. The top surface to be dressed smooth and edges of stone to be cut so as to make a close fitting joint when laid. Sec. 626. Specifications for wooden sidewalks. All wooden sidewalks shall be constructed out of sound new materi- al. No walks shall be less than four feet wide. All such side- walks of four feet and not over seven feet in width, shall be made out of plank or boards not less than two inches thick, and four inches wide, securely nailed to three oak stringers, not less than two inches in thickness and four inches wide, and all walks over seven feet wide shall be built in same manner and out of same material, but shall have four oak stringers instead of three. The ends of cross planks shall not extend to exceed two inches outside of stringers. Stringers shall be laid length- wise and cross-boards or planks crosswise, of the street. All walks of less width than to curb line shall be laid so as to divide the space between the street line and curb line evenly. All sidewalks shall be laid to the established grade, and to stakes set by the city engineer. Sec. 627. Each of the abutting property owners shall have the privilege to select out of which of the materials in the special, ordinance specified (the term "special ordinance" as REVISED ORDINANCES. 399 used herein, shall be construed to mean an ordinance providing for any particular sidewalk or sidewalks,) the walk abutting on their respective lots or tracts of ground, shall be constructed, said choice shall be made by filling a written notice of their choice with the city clerk, within ten days of the publication of the special ordinance, and the abutting property owners shall also have the privilege of constructing or contracting for the construction of their respective portions of said sidewalk ; all contracts thus made shall be bona fide entered into within ten days after the publication of the special ordinance, and shall be complete as near as may be within said time. If the sidewalks provided for in any special ordinance or any part of them are not constructed or a contract bona fide made for their construc- tion, and the work under said contract actually commenced, or the council are not satisfied that any contract thus privately made will insure the construction of any part of said sidewalk within a reasonable time, or that such contract or contracts privately made are made to delay the coitstruction of said side- walk or any portion thereof, the city engineer shall make an estimate of the cost of the several kinds of sidewalks in the special ordinance provided for; which estimate shall be based on the foregoing specifications, and be filed in the office of the city clerk and submitted to the council, and thereafter the com- mittee on streets and alleys shall advertise for bids for any por- tion of said walk remaining unconstructed or its construction not fairly provided for, and the advertisement shall call for bids on all of the kinds of material in the special ordinance provided for, and shall be by one weeks publication in the newspaper doing the city printing. If it shall appear that a choice has been made by all persons whose walk shall remain unconstruct- ed, and that one or more of the kinds provided for, have been entirely excluded by such choices so made, then the advertise- ment shall be for the kind or kinds selected. When no choice has been made on the portion of the walk or walks constrcuted as hereinbefore stated, the advertisement shall be for all the kinds of material specified, and the council shall let the contract 400 REVISED ORDINANCES. to whom they shall determine to be the lowest and best bidder, taking into consideration all the bids submitted on all kinds of material bid on; where a choice of material is made, as herein provided, the contract shall then be let to the lowest and best bidder on the particular kind or kinds chosen. The city of Sedalia reserves the right to reject any and all bids submitted ; no contract shall be let on any bid exceeding the estimates made by the city engineer. Sec. 628. The location and width of sidewalks shall be fixed from time to time by ordinance, and each ordinance pro- viding for the construction of a sidewalk shall specify the kind or kinds of material to be used or to be permitted to be used, and any person who shall lay or attempt to lay any sidewalk of different dimensions or material from that provided for and au- thorized by an ordinance providing for the construction or re- construction of any sidewalk shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not less than one dollar nor more than one hundred dollars. Sec. 629. Upon the petition of any ten or more citizens of the city, for a sidewalk, the council may pass an ordinance requiring such sidewalk to be built, and at such places as the street where such sidewalk is to be built is not to the estab- lished grade, the abutting property shall bear the expense of bringing the street to the established grade, and the work of grading shall constitute and be considered as a part of the con- struction of such sidewalk, and the cost thereof shall be as- sessed as^ainst the lots or pieces of ground abutting on the part of the street where grading is necessary and shall be done. Sidewalks may be contracted for by ordinance with or without curbing, along any street, avenue or other public highway, or any part thereof whatever ; all such contracts shall be let to the lowest and best bidder upon plans and specifications filed there- for by the city engineer or other proper ofiicer, with the city clerk. Such bids shall be advertised for by the street and alley committee, under the direction of the city council, and REVISED ORDINANCES. 40 I such advertisement shall be by publication in the newspaper do- ing the city printing for one week ; Provided, that whenever upon proper advertisement no bid is received, the council may proceed as in section 632 provided. Sec. 630. The city council may by ordinance, or resolu- tion, condemn wooden and defective sidewalks, and may pro- vide in such ordinance or resolution for the removal of side- walks so condemned, and may provide by ordinance for the construction of new sidewalks in the place of sidewalks so con- demned and removed, which new sidewalks shall be of such ma- terial or rraterials and of such dimensions as shall be provided for in the ordinances providing for the reconstruction of same. Any person who shall repair any condemned sidewalk shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one nor more than one hundred dollais. Sec. 631. Whenever the city council shall hereafter pro- vide, by ordinance, or where provision is already made by or- dinance, for sidewalks conforming to the specifications of this article, for the construction of any new sidewalks which have been legally petitioned for, or where the city council shall pro- vide, by ordinance, for the construction or reconstruction of an)- sidewalk in the place of a sidewalk condemned, the specifica- tions of which conform to the specifications of this artfcle, or where the same is already provided for by an ordinance, the specifications of which conform to the specifications of this ar- ticle, the city engineer shall make an estimate of the cost per squaiefootof the different kinds of material mentioned and provided for by said ordinance, and all estimates so made shall be based on and be made with reference to the specifications of this article, except where different specifications may hereafter be provided by ordinance, when the estimate shall be based on the specifications provided by ordinance in the particular case being considered ; all such estimates shall be filed in the office of the city clerk, and submitted to the council for approval : such estimates shall include grading in all cases where grading 402 REVISED ORDINANCES. is required, and shall give a description of the lots or pieces of ground abutting on the part of the street at the point where such grading is required, and the cost per square foot of such grading shall be added to the other costs of constructing any such sidewalks at such points, and no contract shall be award- ed at a price exceeding such estimates. After the approval of such estimates by the city council, the street and alley com- mittee, by the direction of the city council, shall advertise for bids for the construction or reconstruction of any such side- walks ; such advertisement shall be by publication in the news- paper doing the city printing for one week. Sec. 632. Whenever the city shall advertise for bids for the construction of any new sidewalks of any kind, or for the construction of new sidewalks in the place of sidewalks con- demned, and shall receive no bids therefor, the city through its street commissioner may, under the orders and direction of the city council, proceed to construct or reconstruct such sidewalks at its own expense; the street commissioner shall keep an ac- curate account of the amount expended for labor and material, including grading and filling opposite each lot or piece of ground, and present the same, first, to the owner or agent of the property for payment, and if the same is not paid within five days from the date of presensation, the street commissioner shall then present said account to the city council for assess- . ment and the council shall by ordinance, assess and levy a special tax against and upon the lots and pieces of ground abut- ting on the parts of the street where such sidewalks are so constructed, and each lot or piece of ground abutting on the sidewalks constructed or reconstructed shall be liable for the cost thereof, including grading and filling, as reported to the council by the street commissioner. There may be as many assessments included in one ordinance as there are lots or pieces of ground reported as having received resulting benefits from the construction or reconstruction of any such sidewalks, and the city clerk shall issue tax-bills payable to the city, against each lot or piece of ground for the amount for which it is liable. REVISED ORDINANCES. 403 Such tax-bills shall contain such recitals as shall be necessary to make them prima facie evidence in any suit thereon. All such tax-bills shall be assignable, and shall be a first lien on the lot or piece of ground described therein until paid, and shall be collectible in any action brought in the name of the city to the use of the holder thereof, or in any action brought by the city in its own name and for its own use; but where any such tax- bill has been assigned, the city shall not in any event be liable for any cost that may accrue in such action, nor will the city be liable for the amount of any such tax-bill after the same is assigned. All such special tax-bills shall, in any action thereon, be prima facie evidence of the regularity of the proceedings for such special assessments, of the validity of the bill, of the doing of the work and furnishing of the materials charged for, and of the liability of the property to the charge stated in the bills ; and all such tax-bills shall bear interest from thirty days af'er date of issue of same until paid ; but if not paid within six months after date of issue, then they shall bear interest from the date of issue at the rate of fifteen per cent per annum until paid. Sec. 633. As soon as any such tax bills have been made out by the city clerk he shall enter an abstract of the same in his record book of special taxes, in the same manner as other tax bills are abstracted and recorded, and he shall then turn over such tax bills to the city collector, charging him therewith and taking his receipt therefor, duly indorsed on the record where such tax bills are recorded, and the city collector shall immediately proceed to collect or sell the same. All such tax bills not paid or sold within ten days after issue shall be turned over to the city attorney for the purpose of bringing suit there- on, and he shall sue on all such tax bills as soon as ordered so to do by the council. Any such tax bills may be sold at any time before or after suit is instituted, the defendant paying the costs. Sec. 634. Any person or persons taking any contract with the City of Sedalia for work under any special ordinance, 404 REVISED ORDINANCES. passed in pursuance of this article and wherein the provisions, conditions and specifications hereof are made to control, shall be paid with special tax bills made in conformity of the provis- ions of this article and statutes in such cases made and provided. Sec. 635. The cost of making any new sidewalk, wheth- er upon petition or in place of sidewalks condemned, where the same are constructed by contract awarded by the city council after due advertisement, or when constructed by the city after advertisement and a failure to receive any bids therefor, shall be levied as a special assessment on all lots and pieces of ground abutting on such improvements, in proportion to the front foot thereof : Provided, that corner lots at street intersections or other places shall be liable for, and shall be assessed for the ex- tension of sidewalks to the curb line each way. Sec. 636. All sidewalks constructed by any contractor shall be paid for as hereinbefore provided, and as soon as com- pleted and accepted by the city council, the city engineer shall compute the cost thereof, and return said computation to the city clerk, and the city clerk shall assess a special tax against the lots or tracts of land as abjve provided and shall make out a certified bill of such assessment against each lot or tract of land in the name of the owner thereof. Said certified tax bills shall be delivered to the contractor, and the contractor shall re- ceive and receipt for the same in full for all claims against the City of Sedalia for all work done or material furnished under his contract. Sec. 637. Said special tax bills shall in any action there- on be prima facie evidence of the regularity of the proceedings for srch special assessments, of the validity of the bill, of the doing of the work and furnishing of the material charged for, and of the liability of the property to the charge stated in the bill, and shall be and become a prior Hen upon the property charged therewith, and may be collected of the owner of the land in the name of the City of Sedalia to the use of the con- tractor, as any other claim, and in no event will the City of Se- dalia be liable in any manner whatever, for or on account of any REVISED ORDINANCES. 405 work done or material furnished, or the cost thereof. Said spe- cial tax bills shall bear interest at the rate of eight per cent, per annum from thirty days after date of issue until paid. Sec. 638. No formality whatever shall be required to authorize the repairing of any sidewalks, or reconstructing the same and making the assessments therefor, but the street com- missioner shall, with or without notice, as the exigencies of the case may require or suggest, to be proper or just, do or cause to have done such repairs and furnish all material therefor keeping an accurate account of the cost thereof, and imme- diately upon the completion of any such repairs he shall pre- sent the account of the cost thereof to the owner or agent of the property to be charged therewith ; if this may be done with reasonable convenience at any place within the city. If any person shall fail to pay any such account when so presented, the street commissioner shall report the same to the city council for assessment. He shall also report such accounts to the council for assessment as have not been presented to the owner or agent of any property to be charged with any such repairs so made. Any failure to present any account to the owner or agent for any such repairs so made shall in no manner, nor to any extent whatever, effect the validity of any assessment made therefor, but the same shall, in all cases, be taken as an accom- modation to any such owner or agent. When the street com- missioner shall conclude in any case to notify any property owner or agent of any defective sidewalk, said notice may be served in any of the ways below mentioned. A notice mailed to the proper address of any such owners or agents at any place within or without the city shall be sufficient, and if the place of residence of such owner or agent is not known to the street commissioner, it shall be sufficient to post such notice on the premises, and for that purpose he is authorized to enter any yard or other premises and fasten such notice to the fence, building or other conspicuous place on such premises ; Provided, that it will always be competent to serve such notice by deliver- ing a copy thereof to such owner or agent in person or by 406 REVISED ORDINANCES. leaving a copy thereof at the usual place of abode of such owner or agent with a member of his family over the age of fifteen years ; Provided, that nothing herein shall be so con- strued as to prevent the street commissioner from making any such repairs after notice and before the expiration of the five days when any sidewalk is in such condition as to be dan- gerous to public travel, of which the street commissioner shall be the judge. Sec. 639. Each lot or piece of ground abutting on any such sidewalk^ or part thereof, shall be liable for its part of the cost of such work made along or in front of such lot or piece of ground, as reported to the council by the street commissioner, and the council shall, by ordinance, assess against and upon each lot or piece of ground receiving the benefit of such repairs the cost of the same, and the city clerk shall immediately issue tax bills therefor in accordance with such assessments, which tax bills shall contain such recitals as the law requires. All such tax bills shall be and constitute a prior lien upon the property liable therefor until paid ; and shall bear interest from thirty days after date of issue until paid, at the rate of eight per cent, per annum, and shall be made payable to the city. If any such tax bill is not paid within six months after issue, the same shall bear interest as penalty for failure to pay the same, at the rate of fifteen per cent, per annum from date of issue until paid, and all such tax bills shall be assignable, and in any action thereon by che city, or any assignee of such tax bill in the name of the city to his or their use shall be prima facie evidence of the reg- ularity of the proceedings for such special assessments, of the validity of the bill, of the doing of the work, and of the furnish- ing of the materials charged for, and of the liability of the prop- erty to the charge stated in the bill, and may be collected of the owner of the land. Sec. 640. Immediately upon the issuing of such tax bills for sidewalk repairs by the city clerk he shall make an abstract record of the same as of other special tax bills, and turn the said tax bills over to the city collector for collection, and the city REVISED ORDINANCES. 407 collector shall receipt therefor and proceed at once to sell or collect the same, and the same proceedings shall be had as in the matter of tax bills issued to the city for the construction of sidewalks where no bids have been secured after due advertise- ment. CHAPTER 28. RAILROADS. Section 641. Speed of cars iu city limits. 642, Street crossings, regulations concerning. Section 643. Misdemeanor, violation of this chapter, punishment. Section 641. It shall be unlawful within the limits of the City of Sedalia for any car, cars or locomotives propelled by steam power, to run at a rate of speed exceeding ten miles per hour. Sec. 642. It shall be unlawful within the limits of the City of Sedalia for any car, cars or locomotives pro- pelled by steam power, to obstruct any street crossing by standing thereon longer than five minutes, and when mov- ing the bell of the engine shall be constantly sounded within said limits, and if any freight car, cars or locomotives propelled by steam power be backing over any road or street crossing within said limits, a man shall be sta- tioned on top of the car at the end of the train farthest from the engine, to give danger signals, and no freight train shall at any time be moved over any road or street crossing within the city limits unless it be well manned with experienced brakemen at their posts, who shall be so stationed as to see the danger sig- nal and hear the signals from the engine. Sec. 643. Any person, persons or corporation violating the provisions of either of the two next preceding sections, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the police court of this city, shall be fined not less than one dollar nor more than one hundred dollars. 4o8 REVISED ORDINANCES. CHAPTER 29. REVENUE. ARTICLE I.— Taxation and Taxable Property. ARTICLF II.— Board of Equalization. ARTICLE III.— Collection of Revenue. ARTICLE I. TAXATION AND TAXABLE PROPERTY. Section. 644. Taxes, purposes of. 645. Property exempt from taxa- tion, what. 646. Personal property, what sub- ject to. Section. 647. Amount of, fixed by ordinance. 648. Definitions of terms and phrases Section 644. For the support of the city government, and the payment of the public debt and the interest thereon, and the advancement of the pubhc interest generally, taxes shall be levied upon all property, real and personal, except as stated in the next section. Sec 645. The following ."subjects are exempt from taxa- tion, viz: All houses and necessary equipments thereof, used exclusively for religious worship, and the lot of ground upon which the same may be erected ; all orphan and other asylumns for the relief of the sick or needy, with their furniture and equipments, and the land on which they are erected, and which is used therewith, so long as the same shall be used for that purpose only; all universities, colleges, academies, schools and other seminaries of learning, with the furniture and equipments and lands thereto belonging, or used immediately therewith, REVISED ORDINANCES. 4C9 and their endowment funds, when not invested in real estate, so long as the same shall be employed for that purpose only ; Provided, that the land hereby exempted from taxation shall not exceed two acres ; And provided, fiirtJier, that such prop- erty so exempted shall not be under rent to any person, cor- poration or society, and shall not in any way or manner be paying or yielding any rent or profit ; cemeteries and grave- yards set apart and used for that purpose only ; all real estate and other property belonging to any incorporated agricultural society, so long as the same shall be employed for the use of such society and none other; all libraries, their furniture and equipments, belonging to any library association or society; all lands, buildings and their fixtures and equipments, and all other property belonging to the city of Sedalia ; all jails, court houses and other buildings and property belonging to the count)' of Pettis; and all property which is exempt from taxation by the charter of this city. Nothing in this section shall be so con- strued so as to exempt from taxation any description of prop- erty, when the same is held for the purpose of pecuniary profit or speculation, except as is provided in the charter of this city. Sec. 646. All property personal by the laws of the state of Missouri, when stuated in any pther portion of said state than the city of Sedalia, shall, if the owner thereof reside within the city of Sedalia, be subject to taxation by said city, the same as personal property located within the limits of the city. Sec. 647. The amount of tax laid upon propert^^ tax- able by law and the charter and ordinances of this city, shall be fixed and the levy thereof made by ordinance in each and every year. Sec. 648. The term real estate, real property, or lot, whenever used in this article, shall be held to mean and in- clude, not only the land itself, whether laid out in city lots or otherwise, with all things contained therein, but also all build- ings, structures and improvements, and other permanent fix- tures of whatsoever kind thereon, and all rights and privileges belonging or in any way appertaining thereto, except when the 4IO REVISED ORDINANCES. same may be otherwise denominated by this article. The term bonds or stock, wherever used in this article, shall be held to mean and include bonds or stocks of whatsoever kind, whether issued by incorporated or unincorporated companies, towns, townships, cities, counties, state or other corporations, held or controlled by persons residing in this state, whether for them- selves or as guardians, trustees, or agents, on which the holder or owner thereof is receiving, or is entitled to receive interest for themselves or others. The term capital stock and shares of capital stock,, wherever used in this article, shall be held to mean and include the capital stock of every association, cor- poration, joint stock or other company, the stock or capital of which is or may be divided into shares, which are transferable by the owner, for the taxation of the capital stock of which association, corporation, joint stock or other company, no spe- cial provision is made by this article, held by persons residing in this ^tate, either for themselves, or as guardians, executors, administrators, trustees or agents. The term personal property, wherever used in this article, shall be held to mean and include bonds, stock, moneys, credits, the capital stock, undivided profits, and all other moneys not forming a part of the capital stock of every company, whether incorporated or unincorpo- rated, and every share, portion or interest in such stock, profits or means, by whatsoever name they may be designated ; every share or portion, right or interest, either legal or equitable, in and to every ship, vessel or boat shall be within the jurisdiction of the State of Missouri or elsewhere, and whether the same shall have been enrolled, registered or licensed at any collector's ofifice, or within any county or collector's district within this state or not; the stock of nursier growing on leased land, or in the hands of nurserymen which has been separated from the soil where growing, and every tangible thing being the subject of ownership, whether animate or inanimate, and not forming part of any parcel of real property as hereinbefore described. The term money or moneys, wherever used in this article, shall be held to mean gold, silver and other coin, and paper or other REVISED ORDINANCES. 4II currency used in barter and trade as money. The term credits, wherever used in this article, shall be held to mean and include every deposit which the person owning, holding in trust, or having the beneficial interest therein, is entitled to withdraw in money on demand, and every claim or demand for money, in- terest or other valuable thing, due or to become due, or every annuity or money receivable at stated periods, including pay or salaries accrued or due from any source whatever, and all in- come or interest accruing from government bonds, and all money loaned or invested, and all indebtedness secured by deed, contract, mortgage or pledge of property of whatever kind ; Provided, that pensions due and to be received from the United States shall not be held to mean annuities within the meaning of this article. The term property, wherever used in this article, shall be held to mean and include every tangible and in- tangible thing being the subject of ownership, whether animate or inaeimate, real or personal. The term oath, wherever used in this article, shall be held to mean oath or affirmation. Every word in this article importing the masculine gender, may attach or be applied to females as well as males; and the word person as used in this article, shall be held to mean and include per- sons, firms, company corporation, or otherwise, whenever the case may so require its use or application. ARTICLE II. BOARD OF EQUALIZATION. Section 649.— Who constitutes, powers, duties, etc. Section 649. The board of equalization for the equaliza- tion of values and assessments on property for the purposes of taxation for city purposes, shall consist of the county board of equalization and the mayor and assessor of the city . And for the purpose of giving the city representation on the county board of equalization when said board is sitting for the purpose 412 REVISED ORDINANCES. of equalizing the assessments on city property, the mayor and city assessor shall sit with the county board of equalization when the said board is passing upon the assessment of such city prop- erty, and shall each have a vote in said board, and they shall be paid for such services the same amount per day, and out of the same fund as other members of such board of equalization. The assessment of city property as made by the city and coun- ty assessor shall conform to each other, and after such board of equalization has passed upon such assessment and equalized the same, the city assessor's books shall be corrected in red ink in accordance with the changes made by the board of equaliza- tion, and so certified by said board, and then returned to the city council. All things not herein provided for shall be done as is provided by general law with reference to the equalization of assessments for state and county purposes. ARTICLE in. COLLECTION OF REVENUE. Section 650. Notice to tax payers, collector to give, what. 651. Taxes, paid in what. 652. Penalties, when to attach, ac- count of 653. Non-residents, to be furnished statement, etc., of taxes, etc. 654. Seizure and sale, when and how made. 655. Costs of, how taxed. 656. Shares and stocks of corpora- tions, how assessed, may be seized and sold, when. 657. Corporation failing to give in stock, etc., penalty. 658. Taxes paid, how entered, re- ceipted for, etc. Section 659. Accounts, records and state- ments, collector to keep and make, what. 660 Delinquent tax list, to be made and returned, when. 661. Council to examine and give credit for same, when. 662. Delinquent tax book, clerk to make. 663. Taxes in delinquent book, how and when paid, etc. 664. When book is being made, how paid. 665. Delinquent list, failure to re- turn, penalty. 666. Suit for taxes, tax attorney to be appointed. Sec. 650. It shall be the duty of the collector of the revenue, immediately after the receipt of the tax book and de- linquent tax book of previous years, to give notice that the tax REVISED ORDINANCES. 413 book for the current year has been placed in his hands for col- lection. Said notice shall be given by posting up at least six written or printed hand bills in different parts of the city, and by publication in all of the daily newspapers in the city for one week, and shall specify at what place in this city the collector may be found. It shall be the duty of the collector to be at such a place so appointed, ready to receive and receipt for taxes; and if he shall fail to so attend, without good cause, he shall forfeit and pay to any person injured double the amount of damages he may sustain by reason of such failure, to be re- covered by civil action at the suit of the person so injured. Sec. 651. All taxes shall be paid in gold or silver coin, United States legal tender notes, national bank notes or city warrants. Sec. 652. If any person shall fail or refuse to pay the city taxes to the city collector on or before the first day of Jan- uary next after the assessment and levy of the same, it shall be the duty of the collector to collect and account for as other taxes an additional tax, as penalty, of one per cent, per month for each month that such taxes remain due and unpaid ; and the col- lector shall, on the day of his annual settlement with the city clerk and council, being the first Monday in April of each year, file with the city clerk a statement under oath of the penalties so received, and from whom received; and he shall settle with the city clerk, who shall see that the penalties aforesaid are ac- counted for upon all taxes reported paid by the collector on and after the second day of January of each year. Sec. 653. The collector shall furnish all non-resident taxpayers a statement of the amount of taxes assessed against any tract of land or town lot in this city, for any year or years, as shown by the tax book or delinquent tax book in his possession, and send the same by mail to the address of any person applying to him for the same by letter; and if no taxes are due on any such tract or lot, he shall answer such let- ter of inquiry stating the fact; and when any funds are remitted to the collector, by mail or otherwise, for the payment of any 414 REVISED ORDINANCES. taxes appearing to be due on his tax book or delinquent tax book, it shall be his duty to receive the same, and send a re- ceipt therefor by mail to the person so remitting. And the col- lector may tax up and collect against such person, as costs, all sums which he may have to pay for postage and stationery on account of such correspondence, but no other costs. Sec. 654. The collector shall diligently endeavor, and use all lawful mean-, to collect all of the taxes which he is re- quired to collect, and to that end he shall have the power to seize and sell -the goods and chattels of the person liable for taxes, in the same manner as goods and chattels are or may be required to be seized and sold under execution issued on judg- ment at law ; and no property shall be exempt from the seizure or sale for taxes, except as is provided in the charter of this city : Provided, that no such seizure and sale shall be made un- til on and after the first day of January of each year. But in no case shall such seizure and sale be made until the collector shall have demanded payment of the tax, either by personal ap- plication to the party liable to pay the tax, or by leaving a written or printed notice at the usual place of abode of such per- son, with some member of his family over the age of fifteen years, nor for ten days after such demand shall have been made, except the person or persons owing such tax are about to re- move from the county, or the collector has reason to believe they are about to remove; then, in such cases, the seizure and sale may be made without any demand having been made. Seizure under this section may be made in any part of Pettis county. Sec. 655. The collector shall, in every case of seizure and sale of personal property to pay taxes, in addition to the amount of tax due, levy the costs of such seizure and sale, and the pen- alty and interest provided by this article, and be entitled to the same fees as sheriffs for like services on execution. Sec. 656. The cashier, secretary or chief clerk of any corporation, the shares of which are taxable by the charter and ordinances of this city, at the request of the collector, shall give REVISED ORDINANCES. « 415 him a certificate under his hand, showing the number and .amount of shares held in the stock of such corporation, the names of the holders and encumbrance thereon; and the col- lector in default of the payment by the corporation of the taxes due thereon; as required by this article, shall seize and sell the same, in the manner prescribed by this article, and the purchas- ers thereof shall be admitted to all the rights, powers and priv- ileges that the holders of such shares had at the time of seizing the same, and shall be entered by such corporation on their books as the owners of such shares. Sec. 657. If any corporation or ofificer thereof, shall fail to comply with the provisions of the preceding section, such corporation shall forfeit to the city the sum of five hundred dol- lars, to be recovered by civil action at the suit of the city. Sec. 658. Whenever any person shall pay taxes charged on the tax books, the collector shall enter such payment in his list, and give the person paying the same a receipt, specifying the name of the person for whom paid, the amount paid, what year paid for, and the property and value thereof on which the same was paid, according to its description on the tax book, in whole or in part, just as the case may be, and the collector shall enter "paid" against such tract or lot of land when he collects the tax thereon. The collector shall receive taxes on part of any lot, piece or parcel of land charged with taxes, provided the person paying such taxes shall furnish a particular specifica- tion of the part ; and if the tax on the remainder of such lot or parcel of land shall remain unpaid, the collector shall enter such specification in his return, to the end that the part on which the tax remains unpaid may be clearly known. If the payment is made on an undivided share of real estate, the col- lector shall enter on the tax books the name of the owner of such share, so as to designate on whose undivided share the tax has been paid. Sec. 659. The collector shall, in a book to be provided for that purpose, keep a correct account of all moneys received by him as collector, showing, in a tabular form, the various 4l6 REVISED ORDINANCES. sums received, from whom received, when received, and on what account, and the number of the receipt given therefor, and the amount of discounts allowed, and the amount of penal- ties charged and collected; and he shall in such book, open and keep separate accounts as follows : One for general taxes ; one for delinquent taxes ; one for licenses ; and one for money re- ceived from all other sources ; and said book shall be a public record, and open at all times proper for the inspection of the may- or or any member of the city council. Said collector shall, at the end of every month, make a sworn statement of the collections made by him during the month, itemized as above indicated, and shall file the same with the city clerk on or before the first Monday of the next month, together with the treasurer's re- ceipts for all moneys collected during the month ; and the clerk shall compare such statement with the aforesaid book, and lay said statement before the city council at their next regular meet- ing, with his certificate to the correctness thereof, if it be cor- rect, and if it be not correct, the clerk shall state wherein it is not correct. And in all matters oi detail under this article not otherwise provided for, the collector and the clerk shall be governed by such rules and regulations as the city council or the committee on finance may, from time to time, prescribe. Sec. 660. The collector shall, on the first Monday in April in each year, return to the city clerk the list of lands and lots upon which he has been unable to collect the taxes, with a full description of such lands and lots, with the amount of taxes due thereon set opposite each tract or lot, and a list of the de- linquent personal property, alphabetically arranged, with the amount due from each person. Sec. 661. The city council shall, at their next meeting after the return of the delinquent list or as soon thereafter as may be, examine the same, and the collector shall receive a credit for the same, or so much thereof as the said council shall find to be correct ; Provided, that no credit for delinquent taxes shall be allowed the collector until he shall have made affidavit REVISED ORDINANCES. 417 that he has made diligent search, and has been unable to find any personal property out of which to make the tax. Sec. 662. The city clerk shall, immediately after receiv- ing such delinquent list, make out a book to be known as the delinquent tax book, which shall contain a list of lands and lots upon which taxes are unpaid, with the amout of tax due, and the interest, penalty and costs added thereto, and with separate columns for the taxes of each year, with the columns added up, and the aggregate amount noted on each page, which book shall be delivered to the collector of the city for the ensuing year as soon as he shall have qualified and receipted for the same, and he shall be charged with the amout of taxes charged therein. Sec. 663. The collector shall receive all taxes charged in said delinquent tax bo k, as long as the same shall remain in his possession, which may be tendered to him; give proper re- ceipts therefor, and mark the same paid opposite to the descrip- tion of property upon which the taxes may be so paid ; and he shall, upon receiving the tax book for the current year, settle for the said delinquent tax book in like manner as for the origi- nal tax book. Sec. 664. If any person shall desire to pay his taxes be- tween the first Monday in April and the day upon which the city clerk shall deliver the delinquent tax book to the collector, he shall apply to the city clerk, who shall make out for such person duplicate tax receipts, which receipts shall be like unto the collector's tax receipts as provided for in this article, and the collector shall sign both of such receipts, and receive the taxes therein indicated ; and the person so paying his delinquent taxes shall return said receipt to the city clerk, who shall countersign the same, and no receipt shall be valid unless countersigned by the city clerk, who shall then mark on his de- linquent tax book "paid" opposite to the property described in such receipt, and charge the collector with the amount so re- ceived by him. 4l8 REVISED ORDINANCES. Sec. 665. If any collector shall fail to return the delin- quent list on the first Monday of April, as provided, he shall forfeit to the city five hundred dollars, to be recovered by civil action; Provided, that the city council may, in their discretion, relieve him from such forfeiture. Sec. 666. It shall be the duty of the city collector, under the supervision of the committee on finance, whenever any taxes may be due the city, to demand payment of said taxes, and if necessary to bring suits for the recovery of the same, and upon the recovery thereof to pay said taxes into the city treasury and the mayor shall have the power to name some competent attorney to bring suits for any delinquent taxes, who shall be known as "special tax attorney." CHAPTER 30. SEAL OF CITY. Section I Section: 667. By whom kept. 1 668, Design and style of. Section 667. There shall be a common seal for the city of Sedalia, and the city clerk shall be the keeper thereof. Sec. 668. The seal of the City of Sedalia shall be of the ordmary size, and so engraved as to represent by its impres- sion the device of an eagle, surrounded by the words, "Seal of the City of Sedalia, Mo.," in Roman capitals. REVISED ORDINANCES. 419 CHAPTER 3 I. SEWERS. ARTICLE I.— Public Sewers. ARTICLE II.— District Sewers. ARTICLE III.— Sewer Connections. ARTICLE I. PUBLIC SEWERS. Section 669. System of sewers established, classes of. 670. Maps, plats, profiles, etc., what to govern. 671. "The engineer" in specifica- tions, etc., meaning of. 672. "As indicated, " meaning of. 673 Public sewers, construction of to be in accordance with plans, etc. 674. Labor, material, etc., con- tractor to furnish, engineer to supervise. 675. Public travel and safety, pro- tection of, water pipes, etc. 676. Damages to persons or prop- erty, who liable for, work abandoned, what. 677. Excavations, manner of mak- ing. 678. Back filling, to be done, how. Section 679. Trenching, rules governing. 680. Brick masonry, specifications for. 681. Mortar, proportions and requi- sites of. 682. Concrete, composition and mixing of. 683. Man holes, manner of con- struction, etc. 684. Foul sewerage system, specifi- cations for. 685. Trenching, manner of doiug. 686. Pipe-laying, manner and spec- ifications. 687. Public sewers, contract for, how let, etc. 688. Private sewer, how connected with public. 689. Violation of article, misde- meanor. Section 669. That there is hereby established within the City of Sedalia, Missouri, a general sewer system, which shall be divided into three classes, to-wit : Public, district, and pri- vate sewers. All sewers which shall hereafter be made and con- structed in the streets and avenues of the City of Sedalia, and 420 REVISED ORDINANCES. not specially made a part of district sewers, in or over private property, and established by special ordinance passed by the city council, shall be deemed public sewers. All sewers that shall hereafter be made and constructed in alleys and across streets in continuation from alley to alley, under ordinance of the city council, to connect with public sewers in streets, or with other district sewers, shall be deemed district sewers; and all sewers hereafter made and constructed upon private property and connected with district and public sewers under general or- dinance, shall- be deemed private sewers. Sec. 670. That the maps, plats, profiles, drawings, grades, specifications and forms and contracts prepared by City Engineer J. C. Johnson and Consulting Engineer Geo. P. N. Sadler, shall be filed in the city clerk's ofifice and preserved for future reference, and shall be deemed and considered as a basis of the sewer system established by section 669 of this article. And all calculations and contracts for the construction or re- construction of all public sewers within the city, shall be guided by, and based upon, said maps, plats, profiles, drawings, grades, specifications and forms, unless specially changed or other or different specifications provided by ordinance. Sec. 671. Whenever the words "the engineer" appear in specifications and ordinances, they shall be taken to mean in all cases the city engineer, or any subordinate engineer in charge of the part of the work or supply referred to. In case of dis- pute or doubt between the contractor and subordinate engineer, reference may be made by either party to the city engineer, whose decision shall be final. Sec. 672. Whenever the words "as indicated" shall ap- pear in specifications and ordinances, they shall be taken to mean in the manner described in the specifications as shown on the drawings, which drawings shall be filed in the city engi- neer's office. Sec. 673. Public sewers are to be built of materials, sizes and dimensions with the connection, inlets and man-holes on the lines, at a depth, and in the manner shown on the plans REVISED ORDINANCES. 42 I to be filed in the office of the city engineer. All dimensions, materials, lines and grades must be in full accordance with the plans. All necessary junctions for the connection of branch sewers, and all pipes for house connections, are to be built on the proposed sewer at the points indicated on the plan of work. The contractor will be furnished with a complete set of tracings showing all the details and dimensions necessary to carry on the work. Dimensions given thereon in figures are to have the preference over the scale ; such plans and a copy of the specifi- cations are to be kept constantly on the work by the contractor or his authorized foreman. The plans and specifications are in- tended to include whatever may be requisite to render the work complete, and should anything be accidentally orriitted, the same shall be done by the contractor without charge, or by agreement as to the cost. No deviations from the drawings or specifications will be allowed, unless a written direction shall have previously been given to the contractor by the engineer. The engineer will give the lines and grades for the construction of the work, and the contractor will be required to preserve all stakes, bench marks, etc., made or established on the line of the work, until authorized to remove the same. Sec. 674. The contractor shall furnish all labor, mate- rials, tools and plant necessary to complete the entire work in the best possible manner. He shall employ only faithful labor- ers and skilled mechanics. All materials furnished and all work done, which in the opinion of the city engineer, shall not be in accordance with the specifications, shall be immediately re- moved, and other materials provided, and work done which shall be in accordance therewith. If any difference or dispute shall arise as to the efficiency of labor, or the quality of material employed, or used, they shall be settled by the en- gineer, whose decision shall be final. Sec. 675. All material excavated or delivered shall be placed where directed, so as to interfere as little as possible with travel. The contractor shall furnish and maintain all nec- essary fences and bridgeways, and shall place sufficient lights 422 REVISED ORDINANCES. in or near the work, and keep them burning from twilight till sunrise, and provide watchmen for the safety of the public, whenever deemed necessary by the engineer. The contractor is required to sling, shore up and secure in their places, all water, sewer and gas pipes in such manner as shall secure them from injury, and to provide and maintain the flow of drainage, and water courses, whether on the ground or under the same, which may be interrupted during, and by the progress of the work. Whenever it becomes necessary to remove pipes or drains from their positions, they shall be cared for by the con- tractor at his own expense. All gutter, flag and paving stones which have been displaced by the work, are required to be re- set. Should any stone be unf't to be reset, of which the en- gineer shall be the judge, new stone shall be furnished and delivered on the ground by the city, and set in place by the contractor. Sec. 676. The contractor shall be responsible for all in- juries to water, gas pipe, or other structures met with in the prosecution of the work, and shall be liable for damages to public and private property resulting therefrom, which amount may be deducted from any estimates due him. The contract- or shall assume all responsibility for loss, damage or injury, to persons or property arising out of the nature of the work, from the action of the elements, or from unforeseen or unusual difificultie^. The contractor shall indemnify and save harmless the City of Sedalia, Missouri, from all suits or actions of every name and description brought against it, for, or on account of any damages or injuries received or sustained by any party or parties, by or from the contractor, his agents or servants, in the performance of the work under his agreement. If the con- tractor shall abandon the work under his agreement, or if at any time the engineer shall be of the opinion, and shall so certify in writing to the contractor and city council, that the whole work, or any part of it, is unnecessarily delayed, or that the contractor is willfully violating any of the conditions or cov- enants of his contracts, or executing the same in bad taith, his REVISED ORDINA.NCES. 423 contract shall become null and void, and the security bonds forfeited, and materials delivered and built into the works shall be the property of the City of Sedalia. Sec. 677. The ground shall be excavated in open trench of the necessary width and depth. The trench, except in rock excavations, shall be opened from the surface of the ground to the level of the horizontal diameter of the sewer to a uniform width. Below this level the ground shall be excavated to the exact curve of the exterior circumference of the sewer or of other form or depth as the engineer shall direct. A trench to receive a tile drain shall be excavated to a true line below the lowest exterior line of the sewer, whenever such tile drain shall be directed by the engineer. The sides of the excavation shall be supported by suitable sheet piling or planking and shoring whenever necessary. All irregularities in the bottom of the trench shall be filled up to the required level, as indicated, with gravel, sand or earth, firmly rammed in, or with concrete, as the engineer shall direct. The contractor shall excavate the trench to such increased depth as the engineer may decide to be necessary, and shall bring it up to the required level, and form With such material and in such manner as the engineershall determine. Sec. 678. In back-filling great care should be taken not to disturb the pipes by throwing earth upon them from the top of the ditch, or by the side of them until a covering of at least two feet has been made. After a small portion of the pipe has been covered to the depth of two feet, a man will stand on the filling and will continue this depth of two feet along the line of the sewer, by carefully placing over the pipes in front or before him such fine, dry earth as shall be shoveled to him by a man above. In completing the filling over the first two feet, earth will be rammed with a pavart rammer. In covering streets, sidewalks, gutters and alleys that are paved, the number of men that are back-filling shall not be more than that of those ramming; and when, in the opinion of the engineer in charge, necessary, the street at crossings of sewers shall be planked. Other portions 424 REVISED ORDINANCES. of the sewers, the back-filling to be rammed, but not with so much care. The battoning, pipe-laying, and the first two feet of back-filling, will be under the immediate supervision of the inspector, who will also, in a general way, see that the remain- der of the back-filling is properly done. Sec. 679. No more than 200 feet of trench shall be opened at any one time in advance of the complete building of the sewer, and the complete filling to the surface of the same, unless by written order of the engineer and for the distance therein specified. The re-grading, re-paving, re-macadamizing and re-constructing, as the case may be, shall be completed at all times to within 200 feet of the completed brick-work of the sewer and all surplus earth, sand or rubbish, beyond that dis- tance, shall be immediately removed. Sec. 6S0. All brick must be of the best quality, hard burned, free from all cracks and warped surface; they must give a clear, ringing sound '.vhen struck together; only whole bricks will be used, except in closing circles, all bats being immediate- ly removed from the work. All bricks to be thoroughly wet by dipping immediately before laying; every brick shall be laid in a full joint of mortar on its bed, end and side at one operation; no mortar to be slushed or grouted in afterwards. Sec. 681. In these specifications mortar means one part of Portland cement and four parts of clean, sharp sand, entire- ly free from loam, and the sand must be washed, if necessary, to insure this. All mortar must be thoroughly mixed dry, and wet only as required for immediate use, in a proper vessel, or on a tight flooring, in no case on the pavement or ground ; cement to stand 100 pounds intension, 24 hours' test. Sec. 682. Concrete shall be composed of one part mor- tar, as above described, two and one-half parts clean broken stones, free from dust or dirt, and broken to pass through a two-inch ring; it shall be quickly and thoroughly mixed and deposited in layers not exceeding nine inches thick, rammed slightly to bring the water to the surface when laid, it must not be disturbed till well set. All gravel and broken stone that is REVISED ORDINANCES. 425 dusty or dirty, must be thoroughly screened or washed; any piles having any mixture of dirt, or of stone over size will bo rejected. Sec. 683. Man-holes will be built at points indicated on the drawings or as directed by the engineer. The brick work will be carried up within eighteen inches of the grade of the street, from the templets set at top and bottom, and connected by lines, wrought-iron rods, good quality, built in each sixth course of the brick for ladder size and shape given in drawing. A cast-iron man-hole and cover with ventilation properly fitted on each man-hole ; each man-hole completed as the work pro- gresses to them. When it may be necessary for the contractor to do night work, to insure the expedition of the contract, he shall notify the engineer, so that such work may be properly inspected, and whenever a greater length of trench is found desirable to be opened at one time, or intermediate sections are desired, the consent of the engineer will be required. So far as applicable these specifications will extend to the con- struction of the district or foul sewerage system and any omis- sion may be corrected by the engineer and contractor in general accord with their meaning and intent. Sec. 684. The laterals are to be of the best quality of vitrified pipe, each length to be inspected before hauled to the work, and any pipe that is materially out of a true circle, rough or defective inside, or with imperfections in the bowls or spigots, that would hinder them being properly joined, shall be rejected, pipes slightly curved may be used in passing curves in the line, but not elsewhere; lumps, bubbles or imperfect glaz- ing on the inside must cause rejection. All sockets must be large enough to take all spigots and leave sufificient room for a gasket to be pressed in all round, when the pipes are held con- centric by the adjuster. Brick and concrete work, and materials generally must be in accordance with other sewerage specifica- tions. Gaskets of oakum or jute will be pressed into all joints so as to prevent all intrusion of cement to the interior of the pipe. 426 REVISED ORDINANCES. Sec. 685. The line of the completed sewer will be indi- cated by stubs or grade pegs, set away from it as may be determined by the engineer so that they may remain undisturb- ed during the work ; any replacement of such pegs made neces- sary by the carelessness of the contractor or his employees, will be at his expense. All trenches to be dug to such width as to leave a clear space of four inches on each side of the bell of the pipe, whenever bracing is required to secure the ground against caving and sliding this breadth must be kept inside of such work. The finest and best earth must be thrown to one side for covering the pipes, the coarser materials kept separate, so that none of it shall come in contact with the pipes. The trench must not be encavated more than one hundred feet in advance of the pipe laying, nor left unfilled more than one hun- dred feet behind it, unless by permission of the engineer in each case. Special provisions must be taken to insure the safety of buildings and property near the excavation. Trenches will be excavated first to within four inches of final grade, the remain- der of the earth being taken out not more than ten feet in ad- vance of the pipe laying by men selected for skill in grading. The grade at the bottom will be obtained by measuring down from cross pieces placed horizontally on top of the grade pegs, which must be placed not more the fifty feet apart, the depth of cutting being marked on the stubs; all intermediate points in the grade will be determined by the use of boning rods. Should the trench be excavated below the grade, it must be filled with sand or dry earth, thoroughly rammed to prevent settling. Sec. 686. Whenever practicable lay pipes from the upper end, to the line downwards. In addition to the first inspection, all pipes must be examined before placing in the trench, and carefully watched, so that they will form a true line of sewer; pipes found imperfect must be rejected; although they may have passed a previous inspection. Special care must be taken to lay all pipes to exact grade. In six and seven inch pipes the connection of each two pipes must be made true, and kept REVISED ORDINANCES. 427 in place by the adjuster, till the gasket has been pressed in en- tirely around, and the pipes so secured against dropping or other movements, as well as to guard against the intrusion of cement. No joint should be cemented until the gasketing of the next joint in advance has been finished. The cement mor- tar must be so pressed into the joint as to entirely fill it, espec- ial care being taken at the bottom, and filled to a level joint neatly all around. Before each pipe is laid the bottom must be excavated below the depth required to receive the socket, so that the length of the pipe will rest firmly on the graded bot- tom of the trench. After the joint has been made, this exca- vation must be filled with sand, or fine earth to support the mortar firmly in its place. The joint being finished, great care must be taken not to disturb the pipes by stepping on them or throwing earth on them from the banks. Water must not be allowed to accumulate in the trench so as to soften the bottom or injure the joints during construction. The Y branches for house connections must be set as nearly as possible at the joints indicated by the engineer, and their exact position shown by stakes driven by a plumb line on the bank above them; an exact record of their position by measurement shall also be kept and furnished the engineer, and any neglect to comply fully with this condition will forfeit payment for work without giving the contractor any credit for such unrecorded work. The upper end of all pipes, including the Y branches, must be closed with an earthenware cap or disc of sheet iron, and the socket filled with lime mortar; the caps or disc must completely cover the opening in the pipe and must be held in position till the socket is filled. At each one hundred feet in the course of all sewers of a less diameter than twelve inches, a length of pipe must be used having a hand hole covered with an earthen cap. or plate of sheet iron fastened with lime mortar, this being done before the pipe is lowered. Every third one of these is to have its cup filled with a branch the same size as the sewer, and a pipe of the same diameter of the sewer, carried to within two feet of the top of the ground. The exact position of these hand 428 REVISED ORDINANCES. holes and stand pipes must be indicated by stakes and recorded, as provided for in house connections. When removing any of these caps for inspection or connections, great care must be taken to prevent the entrance of cement, earth, etc., into the sewer. The exact grade of pipes larger than eight inches will be obtained by the use of a straight edge laid on the inside bottom of the pipes, and running forward to grade pegs, set in bottom of trench. When the bottom of the trench is so soft as to endanger the settling of the pipes they will be supported by saddle piles of inch boards, driven into the ground, using the piles for each 'joint, the same work may facilitate pipe laying, where the ground has become soft by walking on it. When the trench is left for the night the pipes must be closed water tight, and also when the work is stopped for rain storms. Back filling and under draining will be done in the same manner as in large sewers. The requirement of under draining to be de- termined by the engineer, either before contracting or on inspec- tion, and a price per foot will be made tor under draining dis- tinct from other work, such drain till will be of size and laid as the engineer may direct. Sec. 687. Public sewers shall be constructed under con- tracts let by the city council, under the provisions and in ac- cordance vj-ith this article, and in sections of such length and size, as may be determined upon from time to time by the council; and the council shall have the right to terminate or suspend any such contract let for the lack of sufificient funds, or for any other good cause. Sec. 688. Any one or more private sewers may connect with any public or district sewer at regular inlets only, and un- der the direction of the city engineer, by any licensed plummer who has executed to the city a proper indemnity bond, upon the owner of such private sewer paying into the city treasury the sum of one dollar, and whenever the treasurer's receipt is presented to the city engineer for such payment, it shall be the duty of the city engineer to issue a permit for such connections, which permit shall give the name of the plumber, and place of REVISED ORDINANCES. 429 such connection, and limit the time, not to exceed thirty days, in which said work shall be done. But such connections shall not be deemed private property, but shall always be under the control of the city council. Sec. 689. Any person who shall willfully injure or destroy any public, district or private sewer in this city, or any part thereof, or who shall connect with any sewer in violation of any provisions of this article, or who shall in any other manner willfully violate any of the provisions of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof, punished by a fine of not less than five nor more than one hun- dred dollars, or by imprisonment in the city jail not to exceed three months, or by both such fine and imprisonment. 430 REVISED ORDINANCES. ARTICLE II. DISTRICT SEWERS. Section 690. Construction of, how governed. 691. Boundaries, dimensions, etc., how fixed. 692. Plans, specifications, etc., en- gineer to prepare. 693. Line of, engineer to stake, etc 694. Trenches, rules concerning. 695. Contractor, degree of respon- sibility — To repair street, etc. 696. Water and gas pipes, how pro- tected. 697. Streets, gutter, etc., not to be obstructed. 698. Railings, red lights, etc., to be put up. 699. Trench, opening of in advance. 700. Water in trench, etc., to be re- moved. 701 . Depth of trench to be increased, when. 702. Sewers six feet and less diam- eter, construction of. 703. Man holes, catch basins, flush tanks, construction of. 704. Bricks and masonry, requisites concerning. 705. Cement, qualities of, etc. 706. Mortar, requirements of. 707. Concrete, specifications of. 708. Pipes, quality of 709. Pipes, manner of laying. 710. Joints, how made, etc. Section 711. Filling, manner of, etc. 712. Deficiency in filling material, contractor to furnish, etc. 713. Sewers, depth to be covered — "Y" branches, setting of. 714. Lamp hole, how made. 715. Sewer, how measured — Engi- neer to superintend work and material, reject same, etc, when. 716. Engineer, power to discharge workmen, reject work, make final decision, etc. 717. Engineer, may take charge and complete work, when — Costs of, how paid — May make alterations, how. 718. Contract, not to be sublet only by consent, etc. 719. Contractor, responsibility of. 720. Payment, to be in special tax bills. 721. Maps, plans, profiles, etc., on file with engineer, basis of sewers. 722. "The engineer" and "as indi- cated," meaning of. 723. Contracts for, how let, etc. 724. Special tax bills, apportion- ment, etc., lien on property. 725. Control of sewer, city to have. Sec. 690. The construction of all district sewers within the city shall be controlled and governed by this article, except so far as may hereafter be otherwise specially provided in the ordinances locating and providing for the construction of any such district sewers. Sec. 691. The boundaries of all sewer districts and the location of all district sewers shall be fixed from time to time by ordinance, and each ordinance providing for the construction of a district sewer shall specify the size or diameter, and the kind or character of material of the different parts of such dis- trict sewers. REVISED ORDINANCES. 431 Sec. 692. The city engineer shall have general charge of the construction of all district sewers, and shall superintend the same. It is hereby made his duty to prepare the necessary and proper plats, plans, profiles and estimates for each district sewer, and to file the same in his ofifice before the passage of the ordinance providing for the construction of such district sewer. Sec. 693. All sewers shall be located on the lines shown on the plans of the work, and shall be staked out by the city engineer, and the contraccor shall be required to carefully pre- serve all stakes until permission is given by the city engineer to remove the same. Sec. 694. The trenches shall be excavated to the neces- sary depths and widths, and at half the diameter of the pipe from the bottom of the trench shall be one foot wider than the greatest horizontal diameter of the pipe to be laid therein, and under such other regulations as may be deemed necessary by the city engineer. The sides of the trenches shall be supported by suitable sheeting, planking and shoring wherever necessary, and only that left in by order of the engineer and in such man- ner as he may direct, for the protection of pipes, buildings, streets or other structures, will be paid for at the price bid per thousand feet, board measure. Sec. 695. The contractor shall construct district sewers as hereinafter provided, and shall be responsible as by law pro- vided, except that he shall be responsible for the very slightest negligence, and he shall be held to the very highest degree of diligence for any damage done to private persons, and such contractor shall be required, without cost to the city, to replace all pavements, crossings or sidewalks, or any other public property that may be displaced or injured, and he shall remove from the street all surplus material, rubbish or other impedi- ment immediately after the completion of the work and shall put the street in as good condition as the same was found to be. 432 REVISED ORDINANCES. Sec. 696. The contractor shall be required to sustain by timbers and sufficient chains, all water or gas pipes, which may be in any way effected by the work, and to do everything nec- essary to protect, support and sustain said water or gas pipes, lamp posts, service pipes, and other fixtures laid along side or across the street. Sec. 697. The contractor shall make provisions, as far as possible, for the free passage of vehicles and foot passengers and shall not obstruct unnecessarily the gutters of the street, nor prevent in any manner the flow of water in the same. Sec. 698 The contractor shall erect and keep erected a fence or railing around the excavation, if required, or if neces- sary, whether required or not, and shall place sufficient red lights on or near the work and keep them burning from twi- light in the evening until sunrise and shall employ a watchman as an additional security whenever the same may be necessary and required by the engineer, and he shall be held responsible for any damage that any party or the city may sustain in con- sequence of neglecting the necessary precaution in protecting the work, whether required by the engineer to take such pre- caution or not. Sec. 699. No more than 500 feet of trench shall be open at any time in advance of the completed portion of the sewer, unless by the written consent of the engineer and for the dis- tance therein specified. Sec. 700. The contractor shall pump out or otherwise re- move any water which may be found or shall accumulate in the trenches, and shall perform all other work necessary to keep the excavation clear of water. No work shall be allowed to be laid in water and no water will be allowed for any work unless per- mission is given by the engineer. Sec. 701. Whenever, in the judgment of the engineer, the natural bottom is not a suitable one on which to build the sewer, the contractor shall excavate a trench to such increased depth as the engineer shall decide to be necessary and shall bring it up to the required level and form, with such material REVISED ORDINANCES. 433 and in such manner as the engineer shall determine, and if the price for such extra foundation is not in the schedule then the price shall be determined as provided in the specifications. Sec. 702. All district sewers of six feet or over, internal diameter, shall be constructed of three rings of brick all laid as stretchers and all sewers less than six feet and over two feet, internal diameter, of two rings of brick all laid as stretchers, and all sewers two feet or less, internal diameter, shall be constructed of hard burned, double strength vitrified tile pipe. Sec. 703. All man holes, catch basins and flush tanks shall be made in the manner shown on the plans and carried up to the established grade line of the street or alley, where the same are located. The joints shall be struck and pointed on the inside and the outside plastered with good cement mortar when required. The foundation, when necessary, shall be made of concrete to a depth of not less than twelve inches. At the head of each district sewer and branch thereof, of over i ,000 feet in length, when specially provided for in the ordinances hereafter establishing district sewers, there shall be constructed an automatic flush tank of such size and capacity, and provided with such valves, appurtenances and water connections as may be designated by the city engineer. There shall be located on each district sewer, or branch thereof, either a man hole or lamp hole at intervals not to exceed 350 feet, unless otherwise pro- vided in the several ordinances hereafter establishing district sewers. Each man hole, catch basin and flush tank shall be pro- vided with a cast-iron head or cover of such dimensions, size and weight as may be specified by the city engineer. Sec. 704. In that part of the sewer designated as di- rected to be a brick sewer or at any place where brick shall be required, all brick must be of the best quality, hard burned and free from marks and cracks and warped surfaces and they must give a clear ringing sound when struck together. The bricks will be culled and selected as they are brought upon the ground, and all bricks of an improper quality and all bats must be im- mediately removed from the same. All brick shall be made 434 REVISED ORDINANCES. thoroughly v^-et by dipping immediately before they are laid, and every brick shall be laid in a full joint of mortar in its bed, ends and sides, at one operation and no mortar shall be slushed or grouted in afterwards. Sec, 705. The cement used in the work shall be of the best quality of Louisville hydraulic cement and shall be kept under cover and dry until used. Cement shall be fresh ground and shall be tested and accepted by the city engineer before being used in the work. Cement will be required to stand a tensile strength of fifty pounds twenty-four hours after mixing. Sec. 706. All mortar shall be made of one part, by measure, of the above described cement and two parts, by measure, of clean, sharp sand. All mortar must be thoroughly mixed dry and wet only as required for immediate use in a proper box made for the purpose and in no case upon the pave- ment or ground. Sec. 707. Concrete shall be composed of one part of mortar as heretofore described, and three parts of clean, broken stones, free from dirt or dust, and broken to pass through a bung two inches in diameter, the whole to be thoroughly mixed in a box dry, according to the directions of the engineer, and the water to be added to only ?o much of the material as can be used at once. It shall immediately be laid in layers of not less than three inches in thickness and shall be settled into its place by ramming sufficient to flush the mortar to the surface. When in place all wheeling, working or walking on it must be pre- vented until sufificiently set. Sec. 708. Pipes shall be of the best quality of double strength vitrified clay pipe thoroughly burned, true in form and free from warps, ciacks, soft spots or imperfections of any kind, uniform in texture, and shall be well and smoothly salt glazed in the best manner over their inner and outer surface. Pipes when required to be curved, or of any other special form, shall be furnished and laid. Sec. 709. Each pipe is to be laid on a firm bed and in perfect conformity with the lines and levels given ; the bottom REVISED ORDINANCES. 435 of the trench under each socket must be excavated; the pipes must be fitted together and matched before being lowered into the trench so as tc secure the truest line possible on the bottom of the inside pipes. Sec. 710. When laid in the trench the joints shall be made by fitting it with cement mortar, made as before speci- fied ; the joint shall be made by forming a bed of cement of mortar on the lower half of the socket of the pipe in place, then insert the next joint, forcing the end to a contact and bed- ding down in the mortar in such a manner that there shall be no shoulder or want of uniformity of suiface on the bottom of the interior of the pipe. Then with a trowel apply the mortar to the space on top until it is forced through to the inside; tl.en wipe the joint and keep the pipe clear of all debris and mortar and droppings. Sec. 711. The earth filled around and on top of the pipes shall be free from stone or other hard substance of over one inch in diameter, to a depth of one foot above the crown of the sewer and shall be thrown in with a shovel and not dropped from barrels or carts, but no sewer or part thereof shall be cov- ered without orders from the engineer. In refilling, the earth shall be thoroughly rammed with proper tools as the work pro- gresses in horizontal layers not exceeding twelve inches in thickness, or the trench may be packed by flushing according to the direction of the engineer. Special care must be taken in filling around the pipes to keep the earth at the same height on both sides of it, and in no case shall the number of men refilling be more than twice the number of those ramming, when it is not thoroughly flushed with water. The trench must in all cases be filled to the proper grade and due allowance must be made for the settlement of the materials used in refilling. Sec. 712. Should there be a deficiency of proper mater- ial for refilling, the contractor shall be required to furnish the same at his own expense, and in all cases the streets and alleys must be filled to the same height as they previously existed, un- less the engineer shall otherwise direct. 436 REVISED ORDINANCES. Sec. 713. All sewers and foundaiions when completed shall be covered with not less than two feet of ear ti.i the ordinances the engineer shall issue a permit. All connec- tions which have heretofore been made with any of the public or district sewers and are in a condition to endanger the health of persons or the sanitary condition of the city, are hereby con- demned, and shall be when connected, done according to the provisions and conditions of this article. Sec. 728. Every person desiring to make any sewer con- nection with any of the public or district sewers, shall at the time of making his application for a permit, file with the city clerk his bond, with one or more solvent securities, in the sum of fifty dollars, the conditions of which shall be that he will do all work, and provide the material and appliances re- quired by this article, for the purpose of making such connec- tion, and that he will do, or have said work done in a manner satisfactory to the city engineer, and that he or they will cause all excavations to be properly refilled and replaced in as good condition as before such excavations were made, as near as maybe; Provided, that any regularly licensed plumber who has given bond shall not be required to give additional bond. Sec. 729. Pipes and other fixtures shall not be con- cealed from view until after the work shall have been examined by the city engineer, and he shall be notified by the person do- ing the work when it is suf=ficiently advanced for inspection, and 444 REVISED ORDINANCES. if deemed desirable the person doing the work shall prepare said work for test, either by water or air pressure. Sec. 730. Any person who shall violate any of the pro- visions of this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one, nor more than one hundred dollars. CHAPTER 32. SUPPLIES. Section 731. Purchase of, etc., must be by order. 732. Order, granted only on requi- sition. Section 733 Order book, requisitions, clerk to preserve. Section 731. No person, whether an officer of the city or an employe thereof, shall contract for any services, or pur- chase any article whatever, for the use of the city, and bind the city for the payment of the same, unless such officer or em- ploye, before contracting for such services or purchasing such articles, shall first have obtained an order therefor, signed by the city clerk. Sec. 732. The city clerk shall grant such order only upon the presentation to him of a written requisition, specifying the services or articles needed, signed by a majority of the com- mittee of the city council having charge of the particular de- partment of the city government for which such services or articles are required, or signed by any officer who may be authorized, by the laws of the city, to contract for necessary services or articles. Sec. 733. The city clerk shall provide and keep a book of blank orders, with stubs attached, which he shall regularly number and fill up in accordance with the above requirements, and keep at all times in his ofifice, subject to inspection; and the clerk shall file and preserve all requisitions from any committee, and number the same to correspond with the orders furnished. REVISED ORDINANCES. 445 CHAPTER 33. SHADE TREES. Skction 734. — Planting, trimming, manner of— To injure or destroy misde- meanor. Section 734. Shade trees may be planted along the sidewalks in the streets of the city. Said trees shall be planted at least six feet and not more than nine feet from the building line of the lots, except on Broadway, the trees may be planted in two rows, nine and twenty-eight feet respectively from the building line, and shall be planted as near as practicable in a straight line along the street. And all shade trees shall be trimmed and kept trimmed so that the branches shall be cut away at least twelve feet from the street and sidewalk, and no branches shall be permitted to extend into the street more than nine feet unless such branches shall be over thirty-five feet in height or above the ground so as not to obstruct the street lights at night. And it shall be the duty or all persons owning such trees to see that these regulations are observed The city, nevertheless, reserves the right to remove any such trees if deemed necessary by the city council. And the foregoing regulations shall apply to all trees now standing in the streets or that may be hereafter planted. And no person shall will- fully injure, or destroy any shade tree not his own, and that shall have been planted and kept as above provided and any person violating any of the provisions of this chapter, shall be deemed guilty of a inisdemeanor and fined not less than one nor more than one hundred dollars. 446 REVISED ORDINANCES. CHAPTER 34. TELEGRAPH, TELEPHONE, AND ELECTRIC POLES AND WIRES. Section 735. Manner of setting, subject to this chapter. 736. Alleys, to be placed in, when — Manner of. 737. Poles, requisites for — Heigth of wire — Manner of setting. 738. Company to furnish plan of route — Commissioner to su- perintend, what work. Section 739. Poles and wires, location and heigth may be changed by council, how. 740. Company, to make deposit for repairs, etc., failure to, misde- meanor. 741. Regulations, council to make, what — Stobs and posts con- demned, removal of, costs. Section 735. Hereafter any telegraph, telephone, elec- tric railway and electric light and power companies duly incor- porated according to law, doing business or desiring to do busi- ness in the city of Sedalia, is hereby authorized to set its poles, pins, abutments, wires and other fixtures along and across any of the public roads, streets and alleys, of the city subject to the regulations hereinafter provided. Sec. TZ^. Whenever in the judgment of the city council the use of any alley for such purpose is practicable, the poles of such companies shall be placed upon and along said alley in- stead of upon and along the streets next adjoining and parallel thereto. Where the poles are set in an alley they shall be located as near the side lines of the alley as practicable and in such manner as to not mcommode the public, or the adjoining proprietors or residents. Sec. 737. The poles used as herein provided shall be of sound timber, not less than five inches in diameter at the upper end, straight, shapely and uniform in size, neatly planed or shaved and thoroughly painted with two coats of lead and oil paint of such colors as may be directed by the committee on REVISED ORDINANCES. 4.47 Streets and alleys ; no wires on any such poles shall be run at a height less than thirty feet above the grade of the street, ex- cept trolly and feed wires for electric railways. Whenever the poles are erected on a street, they shall be placed in 'all cases when practicable, on the outer edge of the sidewalks just inside the curbstone, and on the dividing line dividing the lots one from the other, and in no case to be so placed as to obstruct the drainage of the streets or interfere with or damage in any way the curbstone, trees or other public or private property on the line of the street or alley whe.e such poles shall be erected. Sec. 738. Before any telegraph, telephone, electric light or electric railway company shall erect any poles upon an>' street or alley, they shall submit for approval to the city coun- cil, the route of their proposed line or lines, stating the name of the street or streets to be occupied, or if an alley the num- ber of the block, and as far as practicable, the location of each pole. All work of excavating, refilling and restoring the pave- ment shall be done under the supervision and direction of the street commissioner and to his entire satisfaction, and in all cases the pavement shall be restored as speedily as possible and to the same condition it was before. Sec. 739. The right is hereby reserved to the cit}' coun- cil at any time to direct any alteration in the location of said poles, and also in the height at which the wires shall run; but before any such alteration is made, at least five days notice in writing shall be given to the president or local ofificer in charge of the company affairs, of the proposed alteration; and reason- able opportunity shall be afforded the representatives of such company or any citizen interested to be heard therein. But when any such alteration shall be ordered by the council such company shall within five days thereafter commence such altera- tions and complete the same as soon as practicable thereafter, and upon failure to do so, it shall be deemed guilty of a misde- meanor and punished by a fine of not less than one dollar nor more than one hundred dollars. 448 REVISED ORDINANCES. Sec. 740. Every telegraph, telephone, electric light and electric railway company doing business in the city, shall keep on deposit with the treasurer the sum of fifty dollars, subject to the order of the street commissioner, to be used by him in restormg any sidewalk, gutter, street or alley pavement displaced or injured in the erection, alteration or removal of any pole of such com- pany, when said company refuses or fails to make such restora- tion to the satisfaction of such commissioner. Any company failing to make and deposit within five days after commencing business, or which shall fail to make good the amount when any portion of it has been expended as herein provided, within five days notice so to do, has been sent by the street commissioner, shall be deemed guilty of a misdemeanor and punished as here- after provided. Sec. 741. The city council is hereby empowered to make such regulations of the poles and wires of any such company already erected on any of the streets or alleys of the city, and to condemn any poles, wires and other appliances of any such company which are found upon the streets, alleys and other highways of the city and of such size, height or shape and so located-as to constitute an obstruction to any sidewalk, gut- ter, drain, street or alley, or so as to necessarily obstruct the view from any window or door of any building, or be of such shape or so located with reference to any residence or other property as to make the surroundings unsightly to the occu- pants or to the public. The location of short stobs or posts in a public street for the purpose of fastening cables and wires for the purpose of staying or bracing poles is expressly pro- hibited, and all of such stobs or short posts as are now in any of the public streets of the city are hereby condemned, and as soon as practicable after reasonable notice so to do, all such as are required by the committee on streets and alleys shall be removed, and such means adopted by all such companies as may be necessary to maintain their poles without the use there- of, except where permitted by said committee. Should any such company refuse or neglect to remove such stobs or posts REVISED ORDINANCES. 449 from the streets after being notified by the committee on streets and alleys, of such as are required to be removed, it shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten dollars nor more than one hundred dol- lars for the first offense, and not less than fifty dollars nor more than one hundred dollars for the second offense, and each day shall constitute a separate and distinct offense. And the street commissioner shall then give a reasonable notice to any such company that, at a time named in such notice, he will proceed to remove such stobs and posts of any such company as have been found necessary to be removed by the committee on streets and alleys, and he shall proceed at such time to remove the same, exercising care not to cause unnecessary inconvenience or injury to the wires and poles of such company. And all ex- pense incurred thereby shall be paid by the company necessi- tating such work, by their failure to comply with the require- ments of this chapter; and, on their failure to pay the same, the mayor shall order suit to be instituted therefor, by the cit}' at- torney. CHAPTER 35. VEHICLES. Section. 742. Licensed vehicles, to have cei-taiii stands when not en- gaged. 743. Stands, marshal to designate, etc. 744. Record of, marshal to keep. 745. Wagon with hay, coal or wood Section. for sale, to stand on market place. 746. Team, etc., not to be fed on street, «tc. 747. Misdemeanor to violate this chapter, punishment. Section 742. All licensed drays, wagons, carts and other vehicles shall have certain and designated stands on or adjoining the market place, or such other place as may from time to time be provided, and when not actually engaged in service shall oc- cupy said stands and nc other. 450 REVISED ORDINANCES. Sec. 743. The city marshal shall designate the stand to be occupied by each vehicle, which shall contain the name of the owner, the name of the driver, and the number of the ve- hicle and shall designate the stand to be occupied, and no one vehicle shall occupy more than one stand. Sec. 744. It shall be the duty of the city marshal to keep a complete and accurate record of all permits so issued, and he shall require each driver to occupy his proper stand. Sec. 745. No wagon loaded with hay, wood or coal shall stand, for the. purposes of selling such hay, wood or coal, else- where than upon the market place. Sec. 746. No person shall feed any team or beast upon any public street or alley of the city. Sec. 747. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine of not less than one not more than twenty-five dollars. CHAPTER 36, WARDS. Section. 748. Number of. 749. First ward, location of. 750. Second ward, where. Section. 751. Third ward, where. 752. Fourth ward, where. Section 748. The city of Sedalia shall be, and the same is hereby, divided into four wards. Sec. 749. The first ward shall consist of all that part of the city north of Fourth street and the extension thereof west to the city limits, and west of Lamine street and the extension thereof north to the city limits. Sec. 750. The second ward shall consist of all that part of the city north of Fourth street and the extension thereof east to the city limits, and east of Lamine street and the extension thereof north to the city limits. REVISED ORDINANCES. 45 I Sec. 751. The third ward shall consist of all that part of the city south of forrth street and the extension thereof east to the city limits, and east of Lamine street and the extension thereof south to the city limits. Sec. 752. The fourth ward shall cnnsist of all that part of the city south of Fourth street and the extension thereof west to the city limits, and west of Lamine street and the ex- tension thereof south to the city limits. CHAPTER 37. WARRANTS FOR MONEY. Section. | Section. 753. Clerk to draw, on order from | settlement, warrants and cou- council. 754. Party indebted to city, clerk not to issue warrant, etc. 755. Treasurer to make monthly pons to be checked. 756. Claim, etc,, time of filing, etc. 757. Committee to examine and ap- prove, before warrants issued. Section 753. Warrants on the city treasurer, shall be drawn by the city clerk, pursuant to an order from the city council, and not otherwise. Sec. 754. No city warrant, for payment of money from the city treasury, shall be issued or delivered by the city clerk to any one who is indebted to the city for taxes, license, or up- on any account whatever, until such license, tax or claim shall be paid or discharged. And the city clerk is hereby authorized to call upon the city collector for all information necessary to carry this chapter into effect ; and the books of the city collec- tor shall be open at all times to the inspection of the city clerk, for the purpose aforesaid. The city clerk shall be, and is here- by, made liable upon his ofificial bond for the amount of any warrants issued or delivered to any person in violation of the provisions of this chapter. Sec. 755. The city treasurer shall make monthly settle- ments on the first Monday of each month with the city clerk, so 452 REVISED ORDINANCES. that paid warrants and coupons can be checked off, and the actual cash balance remaining in his hands be reported to the city council. Sec. 756. No claim, account or demand against the city shall be allowed, or a warrant ordered for the same, unless said claim, account or demand shall have been presented to the city clerk at least one day before the regular semi-monthly meetings of the city council at which it is presented ; and the city clerk is hereby required to endorse in writing, on each claim, demand or account, the date of filing the same. Sec. 757. No claim, demand or account shall be allow- ed, or a warrant ordered for the same, until the said claim, de- mand or account has been examined by the proper committee, and endorsed on the back by the chairman of said committee that the said account, claim or demand is correct and justly due. CHAPTER 38. W.\TER AND WATER SUPPLIES. A.RTICLE I.— Contracts for Water. ARTICLE XL— Water Works, Regulation of. ARTICLE I. contracts for WATER. Section 758. — Council may make, how — term of etc. Section 758. The council shall have power to make contracts with any person, association or corporation for furnish- ing the city with water, and for supplying fire hydrants and pub- lic fountains; Provided, that no such contract shall be made for a longer time than twenty years ; and Provided, that no such contracts shall have any legal force until the same shall have REVISED ORDINANCES. 453 been ratified by a vote of two-thirds majority of the qualified voters voting at an election held for that purpose. The council shall have the right, also, to erect maintain and operate water- works for the city, and to regulate the same, to prescribe and regulate the rates to charge to private consumers of water fur- nished from such water-works, and to acquire by purchase, do- nation or condemnation, suitable grounds within or without the city upon which to erect said works, and the right of way to and from said works, and also the right or way for laying water- pipes and posts and telephone, telegraph and electric wires and poles, under or above ground, as may be necessary for the ef- ficient operation of said works ; all of which shall be done in such manner as shall be prescribed by ordinance ; Provided, that the council may, in its discretion, grant the right to any per- son, persons or corporation to erect, maintain and operate water-works, and lay pipes, erect poles, and telegraph, tele- phone and other wires under or above ground, as may be neces- sary for the efficient operation of said works, upon such terms as the council may, by ordinance, prescribe; Provided, further, that in no case shall such right extend for a longer period than twenty years, and shall not be granted nor renewed unless by the consent of a majority of the qualified voters of the city vot- ing at an election held for that purpose; Provided, that nothing in this section shall be so construed as to prevent the city coun- cil from contracting with any person, associations or corpora- tions for supplying fire hydrants and public fountains, and to furnish the city with gas or electric lights where franchises have already been granted, and where water- works and electric plants already exist, without a vote of the people. 454 REVISED ORDINANCES. ARTICLE II, WATER WORKS, REGULATION OF. Section. 759. Use of water, other than men- tioned in license or permit, etc., misdemeanor. 760. License or permit, use of water without, misdemeanor. 761. Watering fountains, to carry water away from or waste, misdemeanor. 762. Hydrants, etc, to open, etc., without authority, to deface or injure, misdemeanc r. 763. F'ire alarm, hydrants, to be Section. closed, failure to, misde- meanor. 764. Reservoirs, to bathe in, befoul, etc., misdemeanor. 765. Meters, accuracy of, how de- termined. 766. Bond, given to company by consumer, to cut off water supply misdemeanor. 767. Officer to direct or order sup- ply cut off, after bond given, misdemeanor. Section 759. Any person having a license or permit from the City of Sedalia Water Works Company for the with- drawal and use of water from any of its hydrants, mains or pipes within the jurisdiction of the city of Sedalia, who shall with- draw or use any water therefrom for any purpose other than the purpose or purposes mentioned in such license or permit, or who shall knowingly permit any other person to do so, or who shall suffer or permit any waste water from such hydrants, mains or pipes, within the jurisdiction of said city, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, for each and every offense be fined in any sum not less than one nor more than one hundred dollars. Sec. 760. Any person not having a license or permit, from the Sedalia Water Works Compay, for the withdrawal and use of water from its hydrants, mains or pipes within the cor- porate jurisdiction of the city of Sedalia, who shall knowingly withdraw or cause to be withdrawn, any water from such hy- drants, mains or pipes within said city, except from public watering and drinking fountains, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall for each and every offense, be fined in any sum not less than one nor more than one hundred dollars. REVISED ORDINANCES. 455 Sec. 75i. Any person who shall withdraw and carry away any water from any of the public watering or drinking fountains erected, supplied and maintained by the Sedalia Water Works Company within the jurisdiction of the city of Sedalia, or who shall commit or cause to be committed any waste of water at or from such fountains, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall for each and every offense be fined in any sum not less than one nor more than one hundred dollars. Sec. 762. Any person who shall without lawful authority, from either the city of Sedalia or the Sedalia Water Works Com- pany, open any hydrant, service pipe, stop-cock, or valve belong- ing to or connected with the system of waterworks of the Sedalia Water Works Company within the city of Sedalia, or who shall injure or deface, obstruct or impair said system of water works, or any part thereof, at and within said city, in any manner, or by any means whatever, shall be deemed guilty of a misde- meanor, and upon conviction thereof, for each and every offense, shall be fined in any sum of not less than one nor more than one hundred dollars. Sec. 763. When an alarm of fire is or shall be sounded in the city of Sedalia, all hydrants or service pipes, or service plates, then open or in use for the watering of lawns, shall be immediately closed, and remain closed until such alarm is wholly subsided, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, upon convic- tion thereof, shall be, for each and every offense, fined in any sum of not less than one nor more than one hundred dollars. Provided, that all complaints for the violation of the provisions of this article must be made to the city attorney by some officer or agent of the Sedalia Water Works Company, or marshal or policeman of the city of Sedalia. Sec. 764. Any person who shall commit any nuisance by bathing or throwing filth, trash or other material in any res- ervoir or other source of supply of water used by the Sedalia Water Works Company in supplying the city of Sedalia with 456 REVISED ORDINANCES. water, or who shall permit any dead animals to lie in said water supply, or shall permit any lactory^ or other means, which shall in any way befoul the said water source, within the jurisdiction of the city of Sedalia, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined not less than five nor more than one hundred dollars. Sec. 765. If any person shall have upon or about his or their premises any water meter for the purpose of measuring water furnished to such person by any water company by means of pipes or other ways, and there shall be any dispute between such person and any such water company, as to the accuracy or inaccuracy of such meter, it shall be competent for the purpose of settling such question, for such person to have such meter tested by any regularly licensed and competent plumber, or any expert in the business of water meters, and any certificate of such plumber or expert shall be prima facie evidence of the ac- curacy or inaccuracy of such meter; and no water company shall condemn the use of any meter which is so certified to as being in a condition to accurately measure water run through the same until it can satisfactorily prove by a test made of such meter, in the presence of the party having rnade the certificate, and the consumer, that any such meter is inaccurate. Sec. 766. In the event of a dispute of any kind between a consumer and any water company, with reference to the meas- uring of water by meters, or as to the quantity used by any consumer, or as to the condition of any water meter then in use, or the amount of any claim for water used, or any other matter directly concerning the use of water, if the consumer will exe- cute and deliver to the water compahy a good and sufficient bond, with one or more solvent securities, for an amount to fully protect such water compa4iy against any loss whatever on ac- count of such water company continuing to furnish water after such dis^pute shall arise, and to pay all reasonable costs to which said water cOmpaay m-ay be pQt^ should said water compaay be found to be in the right, it shall be unlawful for any such com- pany, to whom such bond is so delivered, to shut off the s«p,ply REVISED ORDINANCES. 45; of water of any such consumer until all such disputes are full)- adjusted, and any officer, agent, servant or other employe of any such water company, who shall turn off the water from any consumer who has a disagreement or dispute with such water company, after such consumer shall have executed and delivered such bond to such water company, shall be deemed guilt)' of a misdemeanor, and, upon conviction thereof, before the police judge of the city of Sedalia, Missouri, shall be punished by a fine of not less than ten dollars and not more than one hunered dollars, or by imprisonment in the city jail not to exceed three months, or by both such fine and imprisonment. Sec. 767. Any officer of any such water company, hav- ing authority to do so, who shall direct or order the water turned off from the premises of any consumer having a disagree- ment or dispute with such water company about any of the mat- ters set forth in the preceding section, after such consumer shall have made and delivered the bond in the preceding section pro- vided for, before such dispute or disagreement is fully settled, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, or three months in the city jail, or by both such fine and imprisonment. CHAPTER 39. WITNESSES. Section 768.— Fees for attending police court, who entitled to, policemen when. Section 76«. Every person attending as witnesses in the proceedings before the police judge for violations of the city ordinances, shall be entitled to fifty cents for each day of actual and necessary attendance as such. Each witness shall be ex- amined under oath by the police judge, as to the number of days of his actual necessary attendance under subpoena or 458 REVISED ORDINANCES. recogizance, and the number of miles necessarily traveled; and in every case where a witness shall not as such have actually and necessarily attended such court, and withdrawn himself from his business during the full time for which pay is claimed, he shall not be allowed for more than one days attendance ; Provided, that no police officer or other officers of the city who are regularly employed by the city at a salary of not less than fifty dollars per month, shall be entitled to any fees as such witnesses for which the city shall become liable ; and provided further, that no such officers, as have been above mentioned, shall be entitled to fees as witnesses where the defendant in any case shall become liable for the same, until all fines and costs due the city shall be first collected and it shall not be compul- sory for any such city officer to be in attendance in such court as a witness except when subpoenaed or recognized as other witnesses. REVISED ORDINANCES. 459 CHAPTER 40. FINAL PROVISIONS EFFECTING LAWS, ORDINANCES, ETC. Section 769. Ordinances, style of, how passed. 770. Mayor's veto, power to make — Council may pass bill over — Bill to be returned to council, when. 771. Rights, etc., this ordinance not to impair. 772. Fines, forfeitures, etc., repeal of ordinance not to affect. 773. Suits, etc., pending, not to be affected bj- repeal of ordi- nance. 774. "Heretofore" and "hereafter," meaning of 775. Words importing plural num- ber, scope of 776. Words importing singular num- ber, masculine gender, etc., scope of. 777. When two preceding sections not to apply. 778. Ordinance repealing ordi- Section nance, when repealed not to revive original. 779. Clerk, to file, number and pre- serve — Conflicting ordinances, last invalid till former re- pealed. 780. Same provisions in this and former ordinances, construed as continuation of former one. 781. Book, this ordinance to be pub- lished as, to be known and cited, how. 782. Rules for government of coun- cil. 783. City attorney, to superintend publication of the revised or- dinances. 784. What to be printed, style of, binding, etc., of revised ordi- nances. 785. Contract for publication of. council to make, etc. 786. Time of going into effect. Section 769. The style of the ordinances of the city shall be: "Be it ordained by the council of the city of Seda- lia as follows." No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the council shall vote therefor, and the yeas and nays shall be entered on the journal; and all bills shall be read three times before their passage. No ordinance shall be re-enacted by mere reference to the title thereof, but the same shall be set forth at length, as if it were an original ordinance. No bill shall become an ordinance until it shall have been signed by the ofificer presiding at the meeting 46o REVISED ORDINANCES. of the council at which it shall have been passed. When so .signed, it shall be delivered to the mayor for his approval and signature, or veto. Sec. 770. Every bill duly passed by the council and pre- sented to the mayor, and by him approved, shall become an ordinance; and every bill presented as aforesaid, but returned with his objections thereto, shall stand reconsidered. The council shall cause the objections of the mayor to be entered at large upon the journal, and proceed at its convenience to con- sider the question pending, which shall be in this form: "Shall the bill pass, the objections of the mayor thereto notwithstand- ing?" The vote on this question shall be taken by yeas and nays, and the names entered upon the journal, and if two-thirds of the members-elect shall vote in the affirmative, the president shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an or- dinance in the same manner and with like effect as if it had received the approval of the mayor. The mayor shall have power to sign or veto any ordinance passed by the city council : Provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature. Sec. 771. The repeal of any ordinance, or part of ordi- nance, or resolution, by this ordinance, by implication or ex- press terms, shall not a^^ect any act done or right accrued or es- tablished in any proceeding, action, suit, or prosecution, or other thing, had or commenced previous to the passage of this ordinance, or the taking effect thereof; but every such act, right or proceeding shall remain and continue as valid and effec- tual as if the provisions of such ordinance or resolution had re- mained in force. Sec. 772. No offense committed, and no fine, forfeiture, or penalty incurred, previous to the time when the provision of any ordinance, parts of an ordinance, or resolution, shall be repealed, shall be effected, released, or in any way discharged REVISED ORDINANCES. 46 1 by such repeal ; but the trial, conviction and punishment of such offense, and the recovery of such fines, forfeitures and penalties shall be had in all respects as if such provisions had remained in force. Sec. 773. No action, prosecution, suit or proceedings, pending at the time any ordinance or part of an ordinance shall be repealed, shall be affected in any way by such repeal; but any such action, prosecution, suit or proceeding shall proceed, in all respects, as if such ordinance, or part of ordinance, had not been repealed; except that any such action, prosecution, suit or proceeding, had or begun after this ordinance goes into effect, shall be conducted in conformity with the provisions of the revised ordinances, and shall be, in all respects, subject to the provisions thereof, so far as they are applicable. Sec. 774. Whenever the term " heretofore " occurs in any ordinance, it shall be construed to mean any time previous to the day when such ordinance shall take effect; and whenever the term " hereafter " occurs, it shall be construed to mean any time after such ordinance shall take effect. Sec. 775. Whenever, in any ordinance or resolution words importing the plural number are used in describing or re- ferring to any object, matter, parties, or persons, any single ob- ject, matter, party, or person, shall be deemed to be included, although distributive words to that effect may be used. Sec. 776. When any subject, matter, party, or person is described or referred to in any ordinance, by words importing the singular number, or masculine gender, several matters and persons, and females, as well as males, and bodies corporate, as well as individuals, shall be deemed to be included. Sec. T]"] . The rules prescribed in the last two sections shall apply in all cases, unless it shall be otherwise expressly provided in any ordinance, or unless there be something in the subject or context repugnant to such construction. Sec. 778. When any ordinance repealing a former ordi- nance, clause or provision, shall itself be repealed., such repeal 462 REVISED ORDINANCES. shall not be construed to revive such former ordinance, clause or provision, unless it be expressly so provided. Sec. 779. Every ordinance, when passed, and approved by the mayor, or when it shall become a law, shall be sent to the city clerk, and by him numbered, filed and preserved in his office, and no special or general ordinances which are in conflict or inconsistent with general ordinances of prior dates shall be valid or effectual until such prior ordinance, or the conflicting parts thereof, are repealed by express terms. Sec. 786. It is expressly provided and ordained that the provisions of this ordinance, which are in revision of the general ordinances of the city of Sedalia, Missouri, so far as they are the same as those of existing ordinances, shall be construed as a continuation of such ordinances, and not as new enactments. Sec. 781. Immediately upon the passage and approval of this ordinance, or when it shall become a law, the same shall be published in one volume, and shall be designated and known as the "Revised Ordinances of the city of Sedalia of 1894," and they may be cited as the "Revised Ordinances," adding the number of the section, and when necessary, the number of the chapter or article or both. Sec. 782. The rules now in force and which are printed in the revised ordinances of 1881 as heretofore amended, are hereby adopted for the government of the council and other officers of the city so far as they may be found to be consistant with the present charter and ordinances of the city. Sec. 783. The city attorney is hereby directed to super- intend the publication of this, the revised ordinances of the city, in book form. Sec. 784. The city attorney shall cause to be printed and incorporated in the volume containing the revised ordinances, a table of contents, all of the constitution of the State of Missouri or so much thereof as he shall deem proper or may omit it en- tirely, a list of the officers of the city from 1864 to the present time; rules for the government of the council and officers, as adopted by this ordinance, the charter of the city if he shall REVISED ORDINANCES. 463 deem it proper, and such other laws of the State of Missouri of a general nature, as he shall deem proper to incorporate therein, and such ordinances of the city, of a private nature as he shall deem necessary and proper, such as franchises, adoption of third class charter, extending of city limits, etc , etc. He shall also prepare and arrange a suitable index. It shall be the duty of the city attorney, and he is hereby authorized to adopt such plan of arrangement, head notes, and if in his opinion it is best to use catch-words to indicate briefly the subject matter 01 the several acts or sections. The sections shall be numbered con- secutively, beginning with the first section and ending with the last section. He shall omit the enacting clause of the several acts, as also the title of any ordinance, if he deem it proper. There shall be printed such number of the revised ordinances as shall be necessary to supply each of the ofificers of the city with a copy of those bound in law leather binding, and fifty copies in same binding for sale, and there shall be fifty copies printed and bound in pamphlet or paper cover form, these shall be for exchange with other cities of Missouri who shall present this city with a copy of their published ordinances. The number of copies of either kind may be increased or diminished at any time before the contract is let, by a resolution of the council to that effect. The price at which either style of such published ordinance shall be sold shall be fixed by the council, and any officers of the city who shall give away any of the books with- out authority of the council shall have the same deducted from the amount of his next month's salary, and it is hereby made the duty of the city clerk to receive all of the volumes of the published ordinances, and dispose of the same as he shall be directed by the council, by order of record. The expense of the revision of the city ordinances as provided in and by this ordinance, as well as the cost of the publication thereof in book form shall be paid by the city. Sec. 785. The committee on supplies are hereby author- ized to procure bids for the publication thereof, and to report such bids to the council, and the council are hereby authorized 464 REVISED ORDINANCES. to let the contract for said work to the lowest and best bidder. The council shall have the right to reject any and all bids. Sec. 786. This ordinance shall take effect and be in force from and after its passage and approval by the mayor. Passed by the city council of the city of Sedalia, Missouri, the 14th day of March, 1894. E. W. Stevens, President of the Council. Approved this 17th day of March, 1894. E. W. Stevens, Mayor of Sedalia, Missouri. Attest: Edward Hough, City Clerk. STATE OF MISSOURI, \ County of Pettis, \ss. City of Sedalia. j I, Edward Hough, City Clerk of the city of Sedalia, Mis- souri, do hereby certify that the foregoing ordinance, entitled, " An ordinance in revision of the ordinances of the city of Se- dalia, Missouri, and to ordain and establish new and amended ordinance provisions for the government of said city," from Chapter i to Chapter 40, both inclusive, and from Section i to Section 786, both inclusive, was duly passed by the Council of said city, on the date indicated by the attestation of the President of the Council, to-wit : March 14th, 1894, and was duly ap- proved by the Mayor ot said city on the 17th day of March, 1894. I further certify that I have read and compared the fore- going printed ordinance provisions, prefix, and other matter, as contained in this volume; and that said printed volume contains all of the provisions of said ordinance as passed by the Council, and approved by the Mayor, as aforesaid, and contains such REVISED ORDINANCES. 465 Other matter as was authorized by said ordinance to be printed and published therein; and that said volume, as printed, is in every way in full compliance with the ordinance provisions au- thorizing its publication. In Witness Whereof, I have hereunto set my hand and /^:=^=^ affixed the seal of said city, this 25th day of April, y^:7-^f^ 1894. Edward Hough, City Clerk. LIST OF OFFICERS OF THE CITYOFSEDALIA,MISSOURI FROM 1864 TO 1895. 1864. f Geo. R. Smith. Mayor |j3g Q xesch. Aldermen, F. L. Parker, Wm. Beck, Ira C. Pierce, R. Waltenspiel, R. Hulland, E. Laupheimer, Frank McCabe. Marshal Jas. G. Tesch. Assessor Chan. P. Townsley. 1865. ( E. W. Washburn (resiened) M^y^^F. L.Parker.* Aldermen, J. L. Vickers, Jno. Harding, Louis Kumm, Jno. \V. Houx, B. H. Ingram, Abram Mever, Jas. G. Tesch. Marshal and f \V. P. Jackson Collector \jas. M. Mills* 1866. Mayor Jno. F. Philips Aldermen, Henry Suess, Wm. Beck, T. W. Moses, Rod Gallie, Jno. L. Hall, P. G. Stafford, Tlios. J. Montgomery. Attorney L. L. Bridges „ . ^ 1 Wm. Wallace, (resigned) Register \ ^ j Sampson.* 1867. Mayor Henry Suess Aldermen, J. J. Weiler, (resigned.) Jas. G. Tesch, Jas. Jamison, R. Hulland, W. F. Boyer, S. S. Vinton, R. Gallie, A. C. Marvin,* E. R. vStevens.* NOTE. -The first Mayor, Geo. R. Smith, was appointed by the origi- nal charter, approved February 15th, 1864, and served until the following month of April, when an election was held, resulting in the election of James G. Tesch, who served for the regular term of 1864. Officers indicated by an asterisk (*) were elected to fill vacancies. 468 LIST OF OFFICERS. Marshal and \ g ^^^^-^ Collector j -' ) A. T- Sampson, (removed) Attorney ■ ^ \^ Bridges.* Register A. H. Thompson Assessor Jno. Walde Treasurer Wm. E. Bard 1868. Mayor Bacon Montgomery Aldermen, W. C. Weiler, F. Krieckhaus, C. C. Goodman, F. Crandall, (resigned.) Wm.' Bloess, R. H. Moses, J. D. McGrath, (died.) W. F. Boyer,* G. A. Sturges. Mar.shal and 1 .,, „ t^^i.c^.^ Collector / ^^ P- J^^^^^"- Attorney W. W. S. Snoddy Register A. H. Thompson Assessor Ira C. Pierce Treasurer Chan. P. Townsley 1869. Mayor Albert Parker Aldermen, Thos. J. Montgomery, Henry Armbrecht, Peter Latsch, G. A. Sturges, Abram Meyer, R. H. Moses, Wm. Beck. n/r u 1 t W. P. Jackson, (resigned) Marshal J.p g^.jlj^^^^4^ Attorney B. G. Wilkerson Register Geo. W. Cummings Assessor H. N. Knapp Collector E. P. Kent Treasurer Jno. W. Siebe 1870. Mayor W. P. Jackson Aldermen, C. C. Goodman, (res'g.) F. Krieckhaus, Theo. Hoberecht, B. F. Dean, Wesley Kipp, V. Homburg, Jno. Beckley, Henry Boyer, Jno. D. Brown.* Marshal W. C. Weiler Attorney Jas. S. Botsford Register J. F. Tobias Assessor H. N. Knapp Collector E. P. Kent Treasurer Jno. W. Siebe 1871. Mayor Thos. J. Montgomery Aldermen, B. H. Ingram, Jno. L. Hall, Ellias Bixby, Chas. G. Taylor, H. Boyer, Wesley Kipp, F. Frieckhaus, Theo. Hoberecht. Attorney W. H. H. Hill Marshal J. H. Ge.st Register A. H. Thompson Treasurer E. Lamy Collector I. D. Goodson .-^ssesor M. M. Lampton 1872. Mayor Geo. W. Cummings Aldermen, Henrj- Vitt, Joseph Tice, Jno. W. Siebe, Wesley Kipp, B. H. Ingram, John L. Hall, Elias Bixby, C. G. Taylor. Attorney W. H. H. Hill Marshal Wm. Inch Register Thomas Monroe Collector I. D. Goodson Assessor T. N. Rogers 1873. Mayor R. T. Miller Aldermen, John F. Antes, M. M. Prichard, J. W. Mills, E. W. Bixby, Henry Vitt, Joseph Tice, John W. Siebe, Wesley Kipp. Attorney W. L. Felix Marshal John B. Gallic LIST OF OFFICERS. 469 Register Treasurer Collector Assessor Mayor Aldermen, J. H. Gest M. Henoch John S. Lingle John B. Gallie Attorney Marshal. Register Collector Treasurer Assessor 1874. W. H. H. Hill George R. Smith, Theo. Hoberecht, Peter Latsch, A. P. Morey, John F. Antes, M. M. Pritchard, J. W. Mills, E. W. Bixby. j W. L. Felix, (removed.) 1 B. G. Wilkerson,* John B. Gallie J. H. Gest W. J. Manker G. Vogler John B. Gallie 1875. Mayor Norman Maltby Aldermen, George R. Smith, Theo. Hoberecht, Peter Latsch, A. P. Morey, G. B. Simmonds, Henry Suess, P. McEnroe, John Newton, Attorney P. H. Sangree Marshal D. T. Hartshorn Register George W. Cummings Treasurer G. Vogler Collector VV. J. Manker Assessor H. N. Knapp 1876. Mayor David Blocher Aldermen, G. B. Simmonds, Henry Suess, P. McEnroe, John Newton, W. F. Ilgenfritz, E. T. Brown, T. T. Major, Wm. Hill. Attorney P. H. Sangree Marshal John Shanafelt Register Treasurer Collector.. Assessor Mayor Aldermen, G. W. Cummings G. Vogler W. J. Manker H. N. Knapp Attorney Marshal Register Treasurer Collector Assessor 1877. Logan Clark W. F. Ilgenfritz, E. T. Brown, T. T. Major, Wm. Hill, P. McF^nroe, W. R. Thomas, L. B Rhodes, E. Lamy, M. O'Reilly,* J. F. Antes,* M. C. White.* G. C. Heard Phillip Kelley G. W. Cummings John W. Burress W. J. Manker . . E. H. James 1878 Mayor G. L. I'aulhaljer Aldermen, E. Lamy M. O'Reilly J. F. Antes E. T. Brown M. C. White A. Holland J. Kolbohn William Latour M. Harter* Attorney P. H. Sangree Marshal A. Smith Register Julius Conrath Treasurer John W. Burress ^ ,, ( W. J. Manker (removed) Collector | j_ p, j^ooney (appoint'.]) ( Wm. Weiler, (resigned) Assessor. . •, g ^ James (appointed) 1879 Mayor G. L. Faulhabcr Aldermen, A. Holland J. Kolbohn M. Harter J. F. Antes 470 LIST OF OFFICERS. E. T. Brown William Hill J. B. Rickman* B. D. Dean Frank Newton* Rod GalHe Louis Kutnm* Attorney W. L. Felix Marshal A. Smith Register Julius Conrath Treasurer John W. Burress Collector Ed. Hurley Assessor E. H. James Mayor Aldermen, Attorney . Marshal Register . Treasurer. Collector Assessor 1880 E. C. Evans William Hill B. D. Dean Rod Cxallie J. B. Rickman L. Kumm Frank Newton P. H. Mead A. S. Fernald W. L. Felix A. Smith R. M. Fraker John W. Burress Frank Landmann E. H. James i; I Mayor Frank Craycroft Aldermen, J. B. Rickman L. Kumm F^rank Newton P. H. Mead A. S. Fernald Owen Harrison D. I. Holcomb E. W. Sinclair Attorney L. L. Bridges Marshal Robert J. Shy Register R M. Fraker Treasurer W. W. Herold Collector F'rank Landmann Assessor S. W. Maddux Mayor C. E. Messerly Aldermen, D. I. Holcomb Owen Harrison J. B. Rickman E. W. Sinclair W. D. Ilgenfritz J. S. Bosserman W. R, Thomas John S. Landes Attorney P. H. Sangree Marshal Robert J. Shy Register R. M. Fraker Treasurer C. W. Brown Collector Frank Landmann Assessor E. P. Crain 1883 Mayor C. E. Messerly Aldermen, W. D. Ilgenfritz J. S. Bosserman W. R. Thomas John S. Landes Samuel Stahl William Hill J. B Rickman E. W. Sinclair Attorney V. E. Shaw Marshal Robert J. Shy Register B. Rauck Treasurer C. W. Brown Collector Frank Landmann Assessor Daniel David 1884 Mayor John B. Rickman Aldermen, Samuel Stahl William Hill E. W. Sinclair W. D. Ilgenfritz Peter Jefferson John D. Russell A. F'arnham Dan Grow ifHenry Lamm tC. E. Yeater tV. E. Shaw fMr. Lamm was elected at regular election, resigned to accept the office of County Attorney. Mr. Yeater was appointed by the Mayor and Council, and held until special election, at which Mr. Shaw was elected, and served to the end of the term. LIST OF OFFICERS. 47 • Marshal R. W. Barnett Register B. Rauck Treasurer J. H. Vitt Collector Frank Landmann Assessor M. M. Lampton 1885 Mayor J. B. Rickman Aldermen, Peter Jefferson John D. Russell A. Farnhani Geo. Ferrell T. M. Robb L. C. Smith T. J. Mason W. D. Ilgenfritz Attorney V. E. Shaw Marshal R. W. Barnett Register J. W. Snyder Treasurer J. H.'Vitt Collector J. H. Pilkington Assessor J. M. Logan 1886I Mayor E. W. Stevens Councilmen — Long term, Rod Gallie Short term, Peter Latch Long term, Charles Carroll Short term, John Cashman Short term, Charles Newell Long term, R. M. Olmstead Long term, John B. Gallie Short term, S. P. Johns Attorney Louis Hoffman Marshal Walter S. Jackson Recorder H. C. Levens Treasurer J. H. Vitt Collector J. H. Pilkington Assessor George W. Burr Clerk A. H. Thompson City Engineer J. C.Johnson Street Commissioner ...Wm. Jackson 1887 Mayor E. W. Stevens Councilmen, Rod Gallie Charles Carroll R. M. Olmstead S. P. Johns W. I). Ilgenfritz John Cast) man W. P. Cousley John B. Gallie. Attorney Louis Hoffman Marshal Walter S. Jackson Recorder H. C. Levens Treasurer j. H. Vitt Collector J. H. Pilkington Assessor George W. Burr Clerk •[ ^" ^" Thompson I ^Janies Cousley Street Commissioner J. W. Tripp City Engineer J. C. Johnson Mayor John D. Crawford Councilmen, W. D. Ilgenfritz John Cashman W. P. Cousley S. P.Johns F. W. Shultz Charles Carroll Moses Avery J. C. McLaughlin Attorney Louis Hoffman Marshal Thomas Prentice Recorder M. \V. Brady Treasurer George L. Faulhaber Collector J. H. Pilkington Assessor Clerk James Cousley Citj' Engineer Merritt Yeater Street Commissioner J. W. Tripp JThis was the first election held after the adoption of the third-class Charter, and, following its requirements, all elective officers, including eight Councilmen were elected, two from each of the four wards. The Councilman in each ward receiving the highest number of votes, to hold for two years, and the one receiving the next highest, for one year, making a long and short term Councilman from each ward. ^Elected July 16, 1887, to fill vacancy caused by death of Cai)tain A. H. Thompson. 472 LIST OF OFFICERS. 1889 Maj'or John D. Crawford Councilnien, F. W. Shultz Charles Carroll Moses Avery J. C. McLaughlin W. D. Ilgen fritz John Cashmau R. M. Olmstead W. L. Porter Attorney Louis Hoffman Marshal" Thomas Prentice Recorder M. W. Brady Treasurer George L. Faulhaber Collector . J. H. Pilkington Assessor Clerk A. R. Easton City Engineer Merritt Yeater Street Commissioner Left vacant I 890 II Mayor E. W. Stevens Councilmen, J. O. Edwards Charles Carroll R. M. Olmstead J. S. Bosserman W. L. Porter Clemens Honkomp H. B. Weiman T. B. Young Attorney John Cashman Marshal Thomas Prentice Recorder J. A. Halstead Treasurer C. S. Dexter Collector V. P. Hart Assessor Fred Wetteroth Clerk A. R. Easton City Engineer Merritt Yeater Street Commissioner John Hyatt 1891 Mayor E. W. Stevens Councilmen, Clemens Honkomp Charles Carroll H. B. Wieman J. O. Edwards Bell Hutchinson J. S. Bosserman John L. Wigton George E. Uugan Attorney John Cashman Marshal Thomas Prentice Recorder J. A. Halstead Treasurer C. S. Dexter Collector V. P. Hart Assessor Fred Wetteroth Clerk B. Rauck City Engineer Merritt Yeater Street Commissioner John Hyatt 1892 Mayor E. W. Stevens Councilmen, Bell Hutchinson J. S. Bosserman John L. Wigton George E. Dugan, Clemens Honkomp R. F. Dean Daniel McKenzie George B. Deckman Attorney John Cashman Marshal John DeLong Recorder B. Rauck Treasurer John M. Glenn Collector V. P. Hart Assessor Charles Wentzelman Clerk Fred Putcher City Engineer Merritt Yeater Street Commissioner John Hyatt 1893 Mayor E. W. Stevens Councilmen, Clemens Honkomp R. F. Dean George B. Deckman Daniel McKenzie Lee Looney M. R. Anderson R. M. Olmstead W. F. Hansberger iJThe resignation of W. D. Ilgenfritz in the First ward, and John Cashman in the Second ward, necessitated the election of two Council- men from each of these wards, one for a long term and one for a short term. Mr. Honkomp was elected for the long term and Mr. Young for the short term in the First Ward, and Mr. Carroll for the long term and Mr. Bosserman for the short term in the Second ward. LIST OF OFFICKKS. 473 Attorney John Cashman Marshal John Del.ong Recorder B. Ranok Treasurer John M. Glenn Collector V. P. Hart Assessor Charles Wentzelman Clerk Edward Hough City Engineer Charles Zoll Street Commissioner John Hyatt 1894 Mayor P. D. Hastain Councilmen, Lee Loonev Frank R. Hulland Attorney...,. Marshal Police Judge- Treasurer Collector M. R. Anderson George H. Decknian R. M. Olnistead T. P. Kerry W. V. Hansberger George E. Dugan E.J. Smith L. H. Kahrs J. S. Bosserman John M. ("Tlenn W. U. Wilev Assessor Charles Wentzelman <^jerl- Edward Hough City Ivngineer Street Commissioner TABLE OF CONTENTS. Provision of Constitution i Charter 16 Ordinance Adopting Third-class Charter.. 77 Ordinance Extending City Limits 7.S Ordinance Selling Water-works, Granting Franchises, etc. 80 Ordinance Granting Electric Light and Railway Franchise 87 Acceptance of Same 94 Rules of City Council. 95 Revised Ordinances. 107 And thereunder — Accounts. 107 Additions 109 Animals -Running at Large ' ' ' Animals — Dead — Removal of, etc '13 Assessor and Assessment of Property ' ' ^ Cemetery '28 Charity '3' Condemnation Proceedings K^~ Dogs '42 Dramshops ''5 Engineering Department '17 F'ire Limits and Fire Companies '-19 Fires — Protection Against. ^^^ Grades of Streets '^^ Board of Health ^^^ And thereunder — Nuisances Prevention of Spread of Contagious Diseases. Vital Statistics ^''^ Quarantine Regulations. ' 270 272 4/6 TABLE Oh" CONTENTS. PAr.E I/icenses 280 A nd thereunder — Sundry Licenses. 280 Merchants' Licenses . 293 Insurance Licenses . 295 Railroad Ticket Brokers' l^icenses 297 Lij^hts. 298 Market House and Market Regulations 300 Misdemeanors. 314 And thereundt^r — Offenses Against Official Authority . 314 Offenses Against Public Morals .. . 315 Offenses Against I'uljlic Safet}' 3'^ Offenses Against Public Order. 323 Miscellaneous Offenses. 326 Numbering of Llouses 335 Officers. 337 And thereunder — Election of, how held. 337 Mayor 343 City Clerk, Collector, Treasurer 345 City Attorney 348 Street Commissioner 349 Marshal and Police 35o Police Regulations 355 Suspensions and Removals of 356 Salaries and Compensation of 358 Permits 361 Police Court . 366 Pistol Galleries. 375 Plumbers 377 Privies and Water Closets 379 Prisoners. 382 Public Improvements 384 And thereunder Streets, etc... 3*^4 Sidewalks, etc. 395 Railroads 407 TABLE OK CONIENTS. 477 I'Ar.K 40S Revenue And thereunder — Taxation and Taxable Property. ,f,X Board of Equalization ^,, Collection of Revenue Seal Sewers And thereunder Piil)lic Sewers . District Sewers 412 41M 419 419 430 Connections with — how made, etc 4^2 Supplies 444 Shade Trees * 441^ Telej^raph, Telephone and Other Poles. 446 Vehicles 44^ Wards 450 Warrants for Money. 451 Water and Water Supplies 452 And thereunder — Contracts— how made, etc. 452 Regulation Concerning.. 454 Witne.sses 457 final Provisions of Revision, etc 459 Authentication of. 464 List of Officers. 467 Index 479 INDEX. INDEX TO CHARTER. Title of act Index to act Enacting clause Cities of third class — incorporation of Jurisdiction not affected Election of officers, when held, etc.. Refusal to qualify, etc.; Justice of Peace to order election Pvlective officers — terms of office Qualifications of Mayor Mayor to be President of Council Shall sign commissions, drafts, etc Shall communicate to council, what May require officers to exhibit accounts May remove officers with consent of Council Shall enforce ordinances May remit fines, etc Shall make written report to Council May appoint what officers Vacancy in office of Mayor, how filled — President />r6> teiii.. du- ties of Division of city into wards — of Councilmen Councilmen, qualifications of. President /ro tempore Council shall publish semi-annual statement Powers of Council — witnesses, papers Proceedings of Council, how kept Clerk, temporary, appointment of Clerk, duties of Officers to be residents of city— effect of arrearage in taxes Officers to take oath, and give bond— effect of failure to r6 i6 17 IS '9 I '9 2 20 4 20 5 21 6 21 7 21 .s 21 9 10 21 21 1 1 22 12 22 i;. 22 14 22 15 //., du- 22 16 23 17 23 iS 23 19 24 20 24 21 24 22 24 i:> 25 24 s 25 25 2.S 26 482 INDEX TO CHARTER. PAGE. SKC. " Officer," term construed 26 27 Delinquent officer, how dealt with 26 28 Compensation of officers — not to be changed during term 26 29 Vacancies, how filled 26 30 Corrupt allowance of claims, how punished 27 31 Officer not to be interested in contracts, etc.; how punished 27 32 Duties of officers to be regulated by ordinance. 27 33 Marshal shall be Chief of Police — duties 27 34 Assistant Marshal, duties 28 35 Policemen, term of office, special police, etc.. 28 36 Manner of appointing and duties of police to be prescribed by ordinance 28 37 Powers of Assistant Marshal and police 28 38 Marshal subject to Mayor, etc 28 39 Marshal, etc., how removed 29 40 Police Judge, duties — vacancy, how filled 29 41 Court room to be provided city 29 42 Violations of ordinances, how prosecuted, etc 29 43 Warrants, how issued and executed 30 44 Police Judge to hear complaints, etc . 30 45 Recognizances forfeited, how enforced 30 46 Any number of persons may be charged in one complaint 30 47 Police Judge, jurisdiction, etc 31 48 Proceedings in indictable cases 31 49 Continuances, how effected 31 50 Witness fees, duty of Police Judge 31 51 Police Judge to assess punishments 32 52 Prisoners may be compelled to work, etc 32 53 Defendant, to be discharged, when. 32 54 Appeals, how taken 32 55 Prosecutor to pay costs, when 33 56 Police Judge may punish for contempt 33 57 Police Judge to file statement with Clerk of cases tried, when... 33 58 City Attorney, duties of 34 59 City may provide for counselor or additional attorneys 34 60 Assessor, Board of Equalization, etc., duties of 34 6r Taxes, delinquent, etc., lien of 35 62 Delinquent taxes, duty of collector as to return of list 35 63 INDEX TO CHARTER. 483 lAfiK. Collector to report taxes collected etc 36 64 Council to levy taxes, when 16 gc Tax-book to be made by clerk 36 66 Collector to turn over taxes and other moneys collected, when 37 67 Power of council to levy taxes, and fix penaltv etc 37 68 Poll-tax .- 37 69 Bonded debt, funding debts, tax for, etc 37 70 Void levy of tax may be corrected, how, when 38 71 Merchants tax 38 72 Licenses, how issued, to be signed by Clerk 38 73 No exemption from taxation 38 74 Depository, how selected, when 38 75 Depository, bond of, etc 39 76 Treasurer to deposit in — failure, penalty 40 77 Treasurer to pay on warrants, how 40 78 F'ailure to select depository, may re-adverlise, may require new bond of depository, etc 41 79 Treasurer not to issue check, except on warrant, warrant tiot to be drawn, nor ordinance appropriating money, when, Treasurer to report when Sinking fund, how invested — security Style of ordinances, how enacted Mayor to approve ordinance — May veto, proceedings when vetoed General powers of the Mayor and Council Council shall enact what ordinances May pass ordinances regulating fire limits, and location of cer- tain kinds of business, and restraining stock from running at large — pounds etc 45 ^(> Council protect streets, sidewalks and public places from en- croachments, etc May provide for sani'.ary and quarantine regulations May change water course, how— may provide City hall, market house, etc May regulate, walks, levees, railroad street crossings and speed of trains, etc May provide for inspection of weights and measures, and the weighing or measuring of articles, and for the inspection of steam boilers, etc 41 80 42 81 43 82 44 «3 44 84 45 85 46 ■S7 47 88 47 89 4S C)f' 48 91 484 INDEX TO CHARTER. PAGE. SEC. May abate nuisances, and prevent and control spread of contag- ious diseases, etc 48 92 Prevent carrying, concealed dangerous weapons, etc 49 93 May provide for sprinkling and cleaning streets 50 94 May provide for lighting streets, etc 50 95 May provide for water supply, etc 51 96 May establish and construct general sewer system 52 97 District sewers may be built, how 53 98 Private sewers, control over, etc 54 99 May purchase real estate, for what purposes .... 54 100 Cemetery lots, how conveyed 55 loi Opening county roads adjacent to city 55 102 Census may be taken, to be bases of taxation 56 103 Claims, how presented and allowed 56 104 Railroads, and street railroads, powers of council as to 57 105 May issue bonds for purchase of real estate, how 57 106 May levy license and regulate, what 58 107 Special powers as to public improvements 59 108 May include grading in street improvements 62 109 Paving, etc., how proceeded with, sidewalks, etc 62 no May open and improve streets, rights of way, etc 64 rii May condemn sidewalks, etc 64 112 Maj' construct sidewalks, when 64 113 Council shall make just compensation for private property taken for public use, powers of mayor, etc 65 114 Notice, etc., how given, jury to be appointed, how 66 115 Damages and benefits to be assessed by jur)'. how 67 116 Compromise may be made, how 68 117 Finding of jury, mayor to report to council, tax bills issued how, where filed, etc 69 118 Either party may appeal, how, appeals how tried 71 119 Clerk record proceedings, etc 74 120 Change of name of street, how made 74 121 Council, powers of in certain matters, limit of punishment 75 122 Punishment for violation of charter, etc 75 123 Change not to effect rights of city, etc i 76 124 Emergencj' clause 76 125 INDEX TO CHARTP:R. MISCELLANEOUS INDEX. Ordinance adopting third-class charter . Ordinance extending city limits Ordinance selling water works, etc Granting privilege to Quigley & Co Right to excavate in streets, etc Fire hydrants, kind of mains, etc.; machinery, stand- towers, capacity, etc Rent of fire hydrants, number, rate, etc Extensions of mains to be ordered by council, number of hydrants thereon, when no hydrants 83 Provisions governing supply of water to private consum- ers, city buildings to have water free City may purchase water works, when, how City to pass ordinances condemning right of way for water company Work of improvement to begin when Payment for works, when to be made, etc Franchise may be forfeited, city's rights Quigley & Company to take possession when Conflicting ordinances repealed 86 Ordinance granting Electric Railway franchise, etc General grant, to obtain consent for right of way 87 Cars to be propelled by electric power only Route and location of tracks Depots, stations, switches, etc., location of Lighting privileges granted Term of franchise Tracks to be laid, how Engineer to give grade Company to keep street along tracks in repair Shall relay pavements, etc Shall keep tracks in repair, time cars shall run, rate of fare. To indemnify city against loss, etc Rights of cars on streets, etc Rights reserved to city, etc 48; PAGE. 8Kr. 77 78 80 80 I So 2 81 3 82 4 83 6 83 7 84 8 85 9 85 10 86 11 86 12 86 13 87 87 1 87 2 87 3 89 4 90 5 90 6 90 7 90 8 91 9 9' 10 91 II 91 12 92 '3 92 14 486 INDEX TO CHARTER. Assent in writing for right of way to be obtained 92 Company to file acceptance, when 92 Tracks, poles, etc., how to be set 93 Company to pave, how, when 93 Franchise may be forfeited 93 Acceptance of terms 94 INDEX TO THE RULES OF THE COUNCIL. Members shall attend meetings unless sick, or leave be granted. 95 Quorum, what is 95 Names to be called alphabetically, absentees may be brought in how 95 Punishment for non-attendance 95 96 96 96 96 97 97 President of council, when elected, duties President to call meetings to order, when Shall preserve decorum, appoint committees, etc. Shall appoint standing committees, when Committee on finance, duties of. Committee on streets and alleys, duties of Committee on cemetery, duties of . Committee on public buildings and grounds, duties of . Committee on lights, duties of Committee on water, duties of Committee on fire department, duties of Committee on .sewerage, duties of Committees on police, printing and sanitary, duties of Reports of committees to be made, when Resolutions, etc., how disposed of on request Clerk to inform members and officers, of what ORDER OF BUSINESS. Minutes to be read Order of Business President to announce order of business Business taken up out of regular order, how Mayor, communications from, read when Bills, to have but one reading at a meeting, except monthly ap- propriation 98 98 98 98 98 99 99 99 99 SEC. 15 16 17 18 '9 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 99 21 99 22 100 23 100 24 100 25 26 INDEX TO CHARTER. 48; PAGE Second and third readings, amendments, vote, etc 100 2- Resolutions, how passed, etc [oq ,q Decorum and Debate — Member, manner and order of speaking loi 2a Two members arising at once, president decides, etc loi 30 Motions, and resolutions, must be seconded and stated, ^^^ lot 31 Reduced to writing, when loi -,2 New matter, not permissible by way of amendment loi y^ Question under debate, what motions in order 102 34 Motion to adjourn 102 35 Pre%ious question, form of, etc 102 36 Division, c-^ny member may call for 102 37 Motion to strike out, what amendment allowed 102 38 Motion to amend, other amendments precluded, when 102 39 Motions and reports, how committed 102 40 Paper, reading of objected to, how determined 102 41 Members, may be called to order, rules concerning 102 42 Questions, propounded in order moved, except 103 43 Members, to vote if not excused, devision, yeas and nays 103 44 Motion to reconsider, when allowed, etc 103 45 Yeas and nays, entered on minutes, when 103 46 Names called alphabetically, absentees 103 47 Committee of the whole, who to preside 103 4,S Order of putting questions, etc io3 49 Committee of whole, what rules govern 103 50 Motion to rise, always in order, etc 103 51 Proceedings of committee, duty of clerk 104 52 Report of committees and resolutions, how presented. 104 53 Committee, quorum of 104 54 Amendment to an amendment, what in order 104 55 Member, not to leave council without consent 104 56 Smoking and conversation, prohibited 104 57 Cushing's Manual, to govern. HM 5^ Amendment of Rules — Made only by ordinance, council may temporarily suspend, how '°5 59 INDEX REVISED ORDINANCES I'AGK. ACCOUNTS SEC •to be kept how i 107 appropriations, how entered i loS money, receipted for, how 3 108 how distributed 4 108 treasurer, to keep what 5 108 board of Health, to keep what ... 2.26 269 collector to keep what 659 415 ADDITIONS— new, shall conform to present streets, etc 6 109 disjoined, how made 7 109 plat of, who to file and record, when 8 109 laying out, when not approved, penalty ... ^... 9 109 plats of, to be examined by whom, etc 10 no ANIMALS— running at large prohibited 11 in marshal, to impound and care for, when 11 in may sell, when, how, etc 12 in ma}' employ help, how, fees of 13 112 Dead Animals — contract for removal, how made, etc 14 i 13 contractor to keep book, what 15 114 owner to remove, provisions concerning 16 114 when and how to be done 17 115 bond, contractor to give, etc., forfeiture 18 115 dead or diseased, left on street, etc., misdemeanor 389 319 INDEX TO REVISED ORDINANCES. 487 PAGE. APPEALS— in condemnation proceedings, when and how taken . 65 13S city attorney, to make affidavit, papers, etc 4S6 349 permits, when refused, appeals from 544 ^62 police court and judgments, how, when, etc 566 372 notice of, when to be given ... 567 -^72 when taken, to operate as supersedias ^6"^ APPOINTMENTS— city engineer, how and when 87 147 members of fire department 104 153 board of health, mayor to appoint 224 268 secretary of board, mayor to make 225 269 vacancy in office, manner of }6o 341 when not specially provided for 461 341 council to make, how and when 463 341 street commissioner, how and when . 48S 349 special tax attorney, ma}-or to make, etc 666 41S ASHES— how and where deposited 99 152 misdemeanor, when 3S7 319 ASSESSOR AND ASSESSMENT OF PROPERTY— property, how, when and by whom assessed 19 116 owner, sick or absent, how 20 iiS list to be sworn to, penalty for failing to have 21 119 form of oath, refusal to make, penalty — to be filed 22 119 assessor to make list, when, etc 23 120 list, failure to make when notified, assessed double, etc 24 120 false list returned, duty of assessor and board 25 121 manufacturing and other corporations, how assessed 26 121 building and loan, assessment of stock, etc 27 122 corporation to pay tax on stock, etc 28 122 officer refusing to comply, provisions, penalty. 29 1 23 assessor's book, last one to be delivered to assessor, etc.. 30 123 property to be listed in book assessor's book, how kept, etc property omitted, how assessed v^ '-4 assessment, not effected by delay, etc 34 124 property, how valued, tracts, lots, etc., assessed .vS '24 what not required to be listed, etc ■ 23 123 3^ ' 25 490 . INDEX TO REVISED ORDINANCES. SEC. PAGE. credits, how listed, etc 37 125 absence of head of family, duplicate list to be left, etc 38 126 all property owned June ist to be assessed, etc 39 126 assessor's book, returned how and when, failure to make, penalty, etc 40 126 clerk to extend and make tax book, etc 41 126 assessor's book, manner of preparing, etc 42 127 tax book, clerk to certify and deliver to collector 43 127 compensation of assessor 44 127 state law, when to control 45 127 assessor, bond of 465 342 ATTORNEY— city attorney, general duties of. 485 348 appeals, to make affidavit, papers, etc. .. 486 349 absent, sick, etc., may appoint attorney to act 487 349 suspension proceedings, to prosecute 515 35.S salary of city attorney 523 359 special tax attorney, mayor to appoint 666 418 BAWDY HOUSES— to keep, be found in, etc., misdemeanor 383 317 keeper of, who deemed 384 317 lodgers in, etc., misdemeanor 436 331 prostitute, plying vocation, misdemeanor ;.. 437 332 rooms, to rent, occupy, etc.. for prostitution, misde- meanor 438 332 BILLS— cemetery bills, to be presented to council 47 12S claims, etc., against city, time of filing 756 452 BOARD OF EQUALIZATION— who to constitute, duties, compensation, etc 649 411 false list returned, board to treble taxes, etc 25 121 BOARD OF HEALTH who to constitute, appointment and compensation 224 268 secretary of, mayor to appoint 225 269 duties of secretary 226 269 duties of board, generally 227 269 mav enter tenement, etc 228 .269 INDEX TO REVISED ORDINANCES. 491 SEC. I'.\i;e. 272 quarantine regulations and pest-houses, to prescribe, etc 240 infectious disease, duty concerning 241 2-2 vaccination, to give certificate of, etc 246 2~^ contagious disease in school, to be reported to 248 2-4 records of births and deaths, to superintend 250 2-4 births and deaths, to furnish blanks for report of 251 274 vital statistics, to prescribe riiles relating to 255 275 quarantine regulations, to establish and report 257 276 to determine extent of 25S 276 manner, rules and regulations of 259 276 notice of, to be given to carriers, etc 260 277 infected district, to come from must have permit, etc 261 278 quarantine station, maj' send patients to 262 278 marshal and police, subject to orders of 263 278 quarantine station, may procure 265 279 salary of 532 359 closets, to order connected with sewer, when s>'4 ",So marshal, etc., to report violations to board, what 5>>^i 3S1 BOARDING HOUSES— license tax on 268 2S3 water closets, must have 5^' 379 BOOKS— of accounts, how kept i '07 treasurer, what accounts, etc., to keep 5 "^^ tax books, how and when made 42 126 assessor's books, form of, etc 42 126 record of condemnation proceedings, etc., what 66 140 board of health to keep, what -26 269 collector, what to keep, etc .. '''^'^ •'" BONDS— dead animal contractor, must give what i'"" ''5 sexton of cemetery 57 '3"^ marshal 436n \\^ collector •' • assessor treasurer policemen 465 :-v- 466 342 ;■ " "-J3 492 INDEX TO REVISED ORDINANCES. SEC. PAGE. night scavenger 553 365 plumbers 579 377 defendant in police court, when to give 558 367 appeals, from police court, what required 566 372 excavations, etc., of street, indemnity bond for 550 364 street improvement bond, liabilit}' of sureties on 606 388 public improvements, bidder for, to give what 611 390 contractor for same, what required 612 391 sewer connections, to make, must have 728 443 water supply, when in dispute, to retain supply consumer must give' 766 456 BUILDINGS— what prohibited within fire limits 93 150 erection, or removal within, misdemeanor, when 94 150 to injure or deface, misdemeanor 420 328 to build, repair, etc., must have permit 542 361 must have water closets 581 379 BUILDING AND LOAN ASSOCIATIONS— shares of stock, how taxed, assessed, paid, etc 27 28 122 officer, failing to pa}- tax, etc., penalty. 29 123 CATTLE— (5^^ Animals.) CEMETERY— management, control and location of 46 12S bills for improvement of, how allowed and paid 47 128 lots, price and schedule of, mayor to convey, burial of poor, etc 48 128 deeds to lots, clerk to record, etc 49 129 price to be paid, before deed delivered, mayor responsible, when 50 129 proceeds of sale of lots, mayor to pay to treasurer, etc 51 129 sales of, mayor to report to council 52 129 sexton, mayor to appoint, duty and compensation 53 129 graves, depth of 54 130 sexton, to keep what record, etc 55 130 regulations governing, punishment for violation.- 56 130 bond, sexton to give, etc 57 130 INDEX TO REVISED ORDINANCES. 49-, -EC fA'~'i 379 FEES— for selling impounded animals of weighmaster, for testing scales, etc of weighmaster for weighing on city scales for measuring wood, etc of witnesses before police judge of collector weighmaster juries in condemnation cases for certified copies of ordinances, etc witnesses, policemen as, etc 543 362 544 362 552 365 13 1 12 365 311 368 3»2 370 3' 3 541 36 '-y depth of GRADES OF STREETS— Barrett Benton Boonville Broadway Brown Carr. Center Chestnut Clay Cooper Depp I ;o 170 ,hM im •■> > l\} -'5 .;nj ■,S<' 172 '.V .64 1 Ji 167 122 266 500 INDEX TO REVISED ORDINANCES. SEO. PAGE. Eastern 221 266 Emmet 220 265 Engineer 211 258 Grand 190 223 Harvey 154 175 Harrison 191 226 Hancock 206 251 Heard 223 267 Henry 138 164 Hill , 214 261 Howard 153 174 Hurley 213 261 Ingram 203 248 Jackson 148 171 Jefferson 143 169 Johnson 139 165 Kentucky 195 234 Lamine 198 241 Lafayette 201 247 Linn 159 182 Massachusetts. 199 244 Magnolia I74 207 Main 155 I75 Marvin 207 252 Missouri 192 228 Mill - 202 248 Moniteau 194 231 Montgomery 208 254 Morgan 140 166 New York 218 263 No name 205 251 Ohio 197 239 Osage 196 236 Pacific 145 170 Park 186 219 Pettis , 142 168 Porter 217 262 Prospect 189 222 INDEX TO REVISED ORDINANCES. 5c I 8EC. PAOK. 221 Quincy iSg Randolph 216 262 Saline 252 174 Sneed ,85 218 Stewart 187 220 St. Louis 144 ,70 Summit 210 256 Thompson 183 217 Thomson 204 250 Tower 147 171 Vermont 193 230 Wagner 212 260 Washington _.. — 200 244 Walnut. — 149 172 Western 219 265 Wilkerson 157 179 Second 156 177 Third -.- 158 I79 Fourth 160 182 Fifth 161 1S5 Sixth (a) 162 187 Sixth (b) 163 1S7 Sixth (c) 164 188 Seventh 165 iJ>9 Ninth 167 194 Tenth 168 196 Eleventh 1^9 i99 Twelfth 170 201 Thirteenth i/' 202 Fourteenth '72 203 Fifteenth '73 205 Sixteenth '75 207 Seventeenth '76 2in Eighteenth '77 211 Nineteenth '^^ 2i2 Twentieth ^"9 ^^-^ Twenty-third '''^" "^ Twentv-fourth 502 INDEX TO REVISED ORDINANCES. HAY — SKC. PAciK . not to be kept where 95 15' HEALTH DEPARTMENT— board of health, who constitutes, how appointed, compen- sation of. 224 268 secretary, mayor to appoint 225 269 duties of secretary 226 269 duties of board 227 269 power of board to enter houses, etc 228 269 Contagious Diseases — board to prescribe quarantine regulations and provide pest house ! 240 272 to be reported to board, duties concerning 241 272 sign of to be put up, by whom and when 242 272 person having or exposed to, must have certificate of phy- sician 243 273 to enter or depart from house infected, must have permit 244 273 such permit, granted when 245 273 schools, to enter, must have certificate of what from board 246 273 teacher, failure to require certificate, misdemeanor 247 273 schools, disease in, to be reported to board 248 274 misdemeanor, to violate provisions concerning 249 274 Nuisances— not to keep, causes permit, e'tc 229 270 vegetable, waste, garbage, etc., when 230 270 privy, vault, etc., when 231 270 drains, garbage boxes, etc., when 232 270 lot with pond or pool, impure water, when 233 270 stable, stall, pen, etc., when 234 270 bouse offal, etc., when 235 271 green or unsalted hides, when 236 271 slaughterhouse, meat shop, etc., when 237 271 police to report 238 271 to keep, etc., a misdemeanor 239 271 Quarantine Regulations — board to establish when 257 276 to apply to what 258 276 when to be established and extent of 259 276 INDEX TO REVISKI) OKI )1.\ ANCKS. 50^ notice of, to whom given— failure to comply with, a misfle- meanor 260 277 railroad train from infected district, nmst have permit to enter city — failure to, misdemeanor 261 27,S quarantine station, persons, etc., sent to, when 262 27S orders of board, marshal and police subject to 26^ 27S failure or refuss.1 to comply wnth, penalty 264 27S quarantine station, board to procure, when, where, etc 265 279 Vital Statistics — births and deaths, record of 250 274 physicians and midwnves, to report 251 274 cause of death, certificate of, burial lots, etc 252 274 when remains shipped, w'hat required 253 275 coroner to report inquests to mayor 254 275 board of health, rules, etc , 255 275 misdemeanor — what 256 275 HOTELS- to pay license, amount of 272 286 sewer connections of, how made, shall have water closets. 5S1 379 HOGS— (^^^ Animals.) HORSES— (5'3 296 ,U4 296 504 INDEX TO REVISED ORDINANCES. &EC. PAGE. misdemeanor to escape from, when 422 328 to convey means of escape to prisoner in, penalty 423 328' marshal shall be ex officio keeper of. 556 367 JURIES— in condemnation cases, number of, how appointed 60 132 to be empaneled, when 61 133 shall assess damages and benefits, how, etc 62 134 appeals in, six to try appeal in circuit court 65 138 fees of juries in condemnation cases 538 360 fees of in police court, verdicts of, etc 564 370 LAWS — [See Ordinances, Charter, Constitution, etc.) LICENSES— dramshops shall pay, amount of. 79 I45 term of for dramshops, not transferable 84 146 plumbers shall obtain, term of 577 377 who must have, generally 266 281 definitions of phases, etc., concerning 267 282 amount of on sundry avocations 268 283 on billiard, pool and other tables, bowling alleys, etc 269 286 on livery stables, feed stables, wagon yards, etc 270 :86 on teams, wagons, drays, carriages, etc 271 ?S6 on hotels, etc 272 286 on hotel runners, regulations concerning 273 2S6 on restaurants 1 274 287 bootblacks 275 287 on agricultural implement dealer 276 287 meat shops 277 287 circuses and shows in general 278 288 theatrical shows, etc., when 279 288 opera houses 280 288 rope dancing, spirit rapping, street organ, etc... 281 288 peddler's, hawker's, etc 282 2S8 auctioneer's 285 289 auctioneers exempt from, when 284 289 to give what bond, to pay ad valorum, etc . 285 289 failure to comply with terms of, penalty 286 290 pawn broker, money broker to pay, etc . 287 290 INDEX TO REVISED ORDINANCES. 505 PAGE. 290 pawn broker defined 288 shall give bond, etc 289 290 shall keep register, issue tickets, etc 290 290 such register open to inspection of whom 291 29r tax on pawn broker 292 291 on money brokers 297 291 wood and coal dealers 298 291 ice wagons 299 292 Sunday, license shall not authorize doing business on. penalty for, etc 300 292 shall run what term, except, etc 301 292 shall be paid in advance 302 293 to do business without, penalty 303 293 merchant's license, term defined 304 293 shall pay when, term of, may pro rate 309 295 insurance companies, rate on, etc 310 295 insurance agent or broker, rate on, etc 313 296 railroad ticket brokers, rate on etc 317 297 pistol galeries. to pay, how obtained, clerk to issue 573 375 amount of, etc., paid when 574 37^ may be revoked, how 575 37^ LIGHTS— (5^<' Miscellaneous, Franchises, etc.) contracts for public etc., how made 32" 29S LIENS— of tax bills in benefit assessments, etc of cash tax bills for paving, etc of installment tax bills for same of tax bills of sidewalks constructed by city of tax bills for sidewalks, made under contract of tax bills for repairs of sidewalks by city of tax bills for district sewers. LIVERY STABLES— shall use safety lamps in shall pay license shall have water closets MARKETS AND MARKET HOUSE— location of market stands, where kept 64 •36 616 393 618 394 632 402 637 404 639 406 124 159 270 2S6 581 379 321 301 322 331 5o6 INDEX TO REVISED ORDINANCES. SEC. PAGE. regulation of vehicles in 323 301 market house stalls, how used, etc 324 301 wagons, etc., regulations concerning 325 301 arrangement of market house stalls 326 301 stalls, how rented 327 302 rents, how paid, general provisions 328 303 vacant stalls to be rented, how 329 303 occupants to paint stalls 330 303 leases for stalls, provisions concerning 331 304 shall have lease or permit, etc 332 304 transfer of lease, how made, etc 333 304 lease may be canceled, proceedings to 334 304 , market inspector, duties of. 335 304 may enforce rules, laws, etc 336 3Q5 to superintend, what, etc 337, 338 305 to keep scales, weigh articles, etc., fees for 339 305 articles to be forfeited, when, etc 340 306 who may be removed from market, how, etc .. 341 306 misdemeanor to violate certain provisions 342 306 market to be kept open, when, etc 343 307 city bell, market master to ring 344 307 occupants of stalls to clean, etc 345 307 market to be supplied with water 346 307 occupants of stands to sell how, others not 347 307 farmers and packers may sell what, etc 348 308 what shall not be sold in 349 308 other articles prohibited 350 308 vehicles removed from, when 351 309 refreshments may be sold in, no intoxicants 352 309 fuel, not to light, when, etc 353 309 loafing in or about prohibited 354 309 persons intoxicated prohibited in 355 309 dogs, etc., prohibited in 356 309 live shock in, provisions concerning ;,57 3^9 "offer for sale," defined 358 309 lease forfeited, when, for failure to sell 359 310 lease forfeited for violation of rules, etc., when 360 310 rules, etc., of, by whom made, etc 361 310 fiKC . TACIK. 362 3'o 563 3'o 364 3" 365 3" 366 3' ' 3'!? 3' 2 368 312 369 3>2 370 3' 3 371 313 INDEX TO REVISED ORDINANCES. 507 rules to be printed and posted, how "six block limit," meat shops prohibited in bond of market inspector, duties, etc duties of market inspector, special to inspect scales, etc., when owners of scales, etc., duties as to city scales, seller must weigh on, etc certificate of weighmaster, must have wood shall be measured, etc., certificate violations of chapter, how punished MARKET INSPECTOR— i^^,?- Markets and Market J louse. ) MARSHAL AND POLICE— shall impound what animals shall sell impounded animals when, how may appoint help to impound, etc., how, fees, etc 13 to be member of board of charity to register dogs and collect tax on, etc 6S to impound and kill dogs, when 71, to release dogs without fee, when to kill bitches, when, redemption fee of to file list of dramshops . to enforce dramshop laws shall notify persons to remove combustibles shall report violations of chapter 25, etc shall have control -of prisoners, etc shall report nuisances shall be subject to orders of board of health to shoot pigeons to serve notices for special council meetings bond of marshal bond of police subject to orders of mayor, extra police police to consist of duties of in making arrest, etc- subject to whom may enter what places to make arrests assistant mar!?hal, duties of 1 i I 1 1 1 2 1 1 1 13 1 12 5B •31 6S 142 . 72 '43 73 '43 74 144 Si 145 S6 147 m5 '.SI 5SM 3«' ■^'^^ 3S2 -:■> 27' 263 27S 444 333 15" yv ' 4t\V» 342 4f^7 343 |(,S 343 49' 350 492 35' i" 35' 508 INDEX TO REVISED ORDINANCES. SEC. PAGE. duty concerning nuisances 496 352 general duties of marshal 497 352 marshal to designate stands of vehicles 743 450 to keep record of, etc 744 450 marshal to attend council meetings 498 353 suspension of police, vacancy, how filled 499 353 marshal and police not to loiter in saloons, etc 500 353 property of arrested persons, how handled 501 353 shall serve notice, etc 502 354 arrest, how made by, etc 503 354 to wear badge 504 355 to wear uniforms 505 355 badges and uniform, how selected, etc 506 355 to be paid for how 507 355 pay of, how enforced 508 556 to serve notice of charges, etc 511 357 compensation of marshal 518 358 compensation of regular police 527 359 compensation of extra police 540 360 notice of appeal to be served by 567 372 MAYOR— to approve appointments of pound officers 13 112 to execute deeds to cemetery lots, and assign place for burial of the poor 48 128 mayor to keep record of cemetery lots, etc., shall be re- sponsible for price of lots sold 50 129 shall pay proceeds of lots into city treasury. 51 129 shall make semi-annual statements of lots sold 52 129 shall appoint cemetery sexton, how 53 129 to be chairman of board of charitable relief, duties as 59 131 shall preside at condemnation trials, powers, etc 60 132 shall fix date of hearing such cases, may continue hearing of for what 61 133 may adjourn hearing of same for what, etc 62 134 shall report finding of iury to council ' 64 136 shall examine final record of, and sign if correct 66 140 to appoint board of health 224 26S to approve bond of pawn broker * 289 290 INDEX TO REVISED ORDINANCES. 509 shall sign all licenses shall approve lease of stall in market house canvass election returns, and award certificates may call special council meetings may call special elections, when may appoint what officers, to be approved when special duties, may appoint extra police, when shall sign commissions, and approve official bonds shall execute certificate to cemeten,- lots, and duties as to. to keep duplicate plats of in office may remit fines, how hoursof office vacancy in office of, how filled may suspend officers, when, how, for what shall file charges with city clerk shall lay such charges before council, when charges may be prefered against mayor, by whom compensation of mayor may veto ordinance, time of returning to council MERCHANTS— term defined, shall pay license, etc shall pay ad valorem tax, etc shall file statement and bond statement to be sworn to, filed when failure to file statement or pay tax, penalty for term of license, prorated when MISDEMEANORS— animals, dead, to interfere with contractor animals, failure of owner to remove, when animals, placed upon street ashes, straw, etc., thrown upon street, when assault, when not otherwise defined auction, to use bell or loud sounding instrument, etc bathing, etc., exposure of person bawdy house, to be found in, or lurking about city, etc bawdy house, to keep, permit, etc bawdy house, keeper of who deemed bawdy house, lodger in, etc SKC. 301 328 456 459 460 461 468 469 470 471 472 473 474 509 510 511 514 517 770 304 305 306 307 308 309 16 17 389 387 434 406 375 377 383 3M 436 292 303 339 340 341 341 343 343 344 344 344 344 345 35^ 356 357 357 358 460 293 294 294 294 294 295 114 ■■5 319 3'9 331 324 3'5 3'6 317 3' 7 Hi 5IO INDEX TO REVISED ORDINANCES. SEC. PAGK. barbwire fence, long street, etc 402 322 bell, etc., to sound at auction, when 406 324 birds, to kill, rob nests, etc 394 320 bills, to post on property, sidewalks, etc 416 327 bicycles, roller skates, etc., use of on sidewalk 413 326 broker, pawn, to violate provisions of 295 291 broker, ticket, to violate regulations concerning 319 298 buildings and property, to deface, etc 420 328 cellar door, grating, well, etc , left open 392 320 cemetery, to violate provisions concerning 56 130 coal oil, etc., to keep in excess of three barrels, when 400 321 concealed weapons, to carr}-, etc 433 330 dance house, immoral show, etc . 378 316 depot, to loaf or loiter in or about, when 396 321 dirt, offal, etc., to drop on street 426 329 disease, contagious, violation of provisions governing 249 274 disorderly house, to keep, permit, etc 440 332 disturbance of peace 409 324 disturbance, lawful assembly 405 323 disturbance, religious worship 404 323 di.sturbance, by fighting I35 331 dogs, to keep unregistered or unmuzzled, when 77 144 dogs; to cause to fight on street, etc . 429 330 dramshop, to keep open or .sell after midnight or on Sun- day 379 316 dramshop keeper, to employ female other than wife, etc 380 316 engines, steam, to run on street, etc 414 327 explosives, to keep in excess of certain quantity 431 330 exposure of person, while bathing, etc 375 315 exposure of person on street, avenue, etc 441 332 fast riding, driving, etc., on street 385 318 females, to employ other than wife, etc., in dramshop 380 316 fence, hedge, failure to cut, etc 399 321 fence, barbwire, along street 402 322 fighting, to the disturbance — of others 435 331 fire department, to violate provisions of 100 152 fire, fal.se alarm of 418 327 fire, failure to close hydrant when alarm given 763 455 INDEX TO REVISED ORDINANCES. 51 1 PAfiE 455 330 3 '5 335 320 324 fountain, to carry or waste water from 761 games, on street, etc., when 4,0 gaming tables, etc., keeping of ^75 grass, weeds, etc., to grow along sidewalks, etc 449 grating, on street, left open ^02 gun, discharge of in limits 407 hand bills, posting on property and walks, when 416 -^27 hedge fence, failure to cut, etc 399 ^21 horse, to hitch to tree, case, etc 41^ -,27 hydrants, etc., to open, deface, etc 762 455 fast riding, during, etc 385 318 hotel, runner of, not to wear badge 27^ 286 house numbers, to mutilate, etc 452 336 infected district, train from to enter city without permit. 261 278 insurance agent, doing business without license 311 296 insurance broker, etc., not to have license * 314 296 intoxicating liquors, sale of to minors ; 382 317 intoxication, on street, etc 374 315 jail, officers, etc., to efcape from 422 328 lamp post, gas jet, etc., to deface, hitch to, etc 427 329 larceny 439 332 lawful assembly, disturbance of 405 323 lights, to take down from excavations, etc 602 387 license, to solicit, etc., insurance without 311 296 license, insurance agent and broker, not to have 314 296 license, merchant, failing to pay, etc 308 294 license, to do business without, generally 303 293 liquor, intoxicating, sale of to minor 382 317 liquor, intoxicating, sale of on Sunday, or after midnight 379 316 market house, to violate provisions of 37' 3^i market inspector, over-charging, or failing to receipt for money 342 306 meat, diseased, etc., to offer for sale 349 3"^ meat shops, to keep within six blocks of market house 363 310 merchandise, to obstruct, sidewalk, etc., with when 390 319 merchant, failing to make statement, or pay licenses . 30S 294 minor, sale of intoxicating liquor to . .\^2 317 minor, to sell or loan toy pistol to 4'«^ 325 512 INDEX TO REVISED ORDINANCES. STEC . FA fii: . minor, to buy or receive property from 432 330 nuisance, to keep, permit, etc 239 271 numbers of houses, to mutilate, etc 452 336 offal, placed or left on street, etc 389 319 ofFal, dropped while being hauled 426 329 officer, to resist, etc 372 314 officer, escape from 422 328 officer, falsely representing 373 314 officer of company, to cut oflF water supply when 767 457 pauper, etc., tx> bring into city, when 386 318 pawn broker, to violate regulations of 295 291 permit, failure to have when required 549 364 permit, punishment for failure to comply with 555 366 petit larceny, what is, punishment 439 332 pigeons, to keep, have, etc.. 443 333 pigeons, marshal to shoot, when 444 333 pistols, toy, sale or loan of to minor 410 325 pistol galleries, to violate provisions of .. 576 376 plumbers to do business without license 577 377 plumbers, to violate, provisions concerning 580 37S poles, to post bills on, mar, deface, etc 445 334 policeman's whistle, other than officer to sound 417 327 prisoner, to escape from officer, jail, etc 422 328 prisoner, to escape from street commissoner 424 329 prisoner, to convey means of escape to 423 328 privy and water closets, failure to provide for 581 379 privy and water closets, to violate provisions of 584 380 prostitutes, plying vocation of, etc 437 332 prostitution, renting rooms, etc., for 438 332 punishment, when not specially provided for 442 333 quarantine, failure to comply with regulations 260 277 quarantine, resisting enforcement of 264 278 railings, etc., spikes, nails, etc., to be fastened in 428 330 railroad, train to enter city without permit, when 261 278 railroad, car, to obstruct street, sidewalk, etc 391 320 railroad, car, minor to mount or climb 393 320 railroad, car, persons to mount or climb 395 320 railroad, depot, to loaf in or about 396 321 INDEX TO REVISED ORDINANCES. =; I ^ railroad, section 395 and 396, not applicable to employes. railroad, violation of provisions jroverninp running:; of trains religious worship, disturhance of reservoir, water to bathe in, befoul, etc runner of hotel, not to have badge sewers, to violate provisions concerning show, dance house, etc., when sidewalks, to obstrcct with merchandise, etc sidewalks, to use bicycle, roller skates, etc., on sidewalks, to post hand bills, etc, on sidewalks, to permit grass, weeds, etc., to grow along . sidewalks, to disregard provisions governing sidewalks, to obstrvict, generally slop, water, etc., thrown from window spikes, nails, etc., along railings, etc stall and stands, to occupy in market house, without per- mit, etc stallions and jacks, exhibition of on street stallions and jacks, kee])ing, standing and breeding of, when steam engine, to run or exhibit on street stobs and posts, failure to remove, when stones, etc., placed or left on street street, to use when being repaired, when streetlights, removal, etc., of when in repair street, ashes, straw, etc., liirown upon street, barb wire fence along, when street, to ol)struct with merchandi.se, when street, to olxstruct with railroad car street, stone, dead animals, etc., placed upon street, stallion or jack, exhibited upon street, steam engine, exhibited or run upon street, wagons, etc., standing upon, when street, to cau.se dogs and animals to fight ini"i! street, to be intoxicated upon street, games, etc., played upon, when and what street commissioner nrJc.i'H'r 1,. ( .'^c.ine from. 8F.C r-AGK. 397 321 '■4 ; K'7 4") v23 :'M 455 2" s 2S6 6H9 429 .^78 316 3<,.. ^i*( 413 32'' .ti6 327 449 335 62.S 400 3S5 3i« -,ss 318 42s 33 3S 1 u6 414 327 74 > .)4S vSm ^^'9 603 3N7 602 3^7 .,,s- 3 '9 .402 322 39f) 3 '9 3,vj 319 412 326 41 1 327 415 327 .12q "^-^n 4.V' 33" 424 329 514 INDEX TO REVISED ORDINANCES. SRC. PAGE. street railway, obstruction of 598 321 Sunday, to do business on 300 292 Sunday, selling liquor on 379 316 teacher, failing to require certificate of vaccination, when.. 247 273 telegraph, telephone company, etc., failure to make de- posit, when 740 448 ticket broker, to violate provisions concerning license, etc.. 319 298 toy pistol, to sell or loan to minor 410 325 toy pistol, to carry or discharge in city limits 411 325 trespass, on property of association 4^1 328 trees, hitching horses to etc 419 327 trees, injuring, destroying, etc... 446 334 trees, to cut, mutilate, etc 448 335 trees, to violate provisions relating to shade trees 734 445 unlawful act, agreement to do 403 323 vacant lots, rubbish, filth, etc., to accumulate on 425 329 vaccination, certificate of, teacher failing to require, when 247 273 vagrant, defined and punishment 447 334 vehicle, to violate provisions concerning 747 450 vital statistics, to violate provisions of 256 275 wagon, standing on street, when 415 327 water, etc., thrown from window 388 319 water, use of not allowed by permit 759 454 water, use of without permit 760 454 water, to cut off supply after bond given, when 766 456 water, ofiicer to order same done 767 456 well, to leave open, etc 392 320 wife, child, etc., cruel treatment of .. 408 324 MONEY BROKERS— whoare 296 291 license, must pay what 297 291 MONEY - distributed, how ., 4 108 MULES— (5 270 232 290 233 270 234 270 235 271 236 271 237 271 450 335 451 33^^ 452 33^1 22 119 4" 126 SS 147 157 3.^'* 453 loS 337 5l6 INDEX TO KKVTSKD ORDINANCKS. SEC. PAGE. state laws to govern, except as to clerk 454 33S iiulges, duties of — places of, how fixed, polls open when, etc 455 33^ returns, duty of mayor and clerk concerning 456 339 oath of office, who and what to take 457 339 certificate and oath, to be presented to council 458 340 meetings of council, regular and special 459 340 vacancy in office, how filled . 460 341 appointive officers, how and when made 461 341 term of appointive officers 462 341 council may appoint, when and how 463 341 bond of marshal - - 463a 342 bond of collector 464 342 bond of assessor 465 342 bond of treasurer 466 342 bond of policemen 467 343 judges and clerks of election, compensation of 539 360 Mayor, to have supervision over departments, etc. — iriay appoint extra police, etc 468 343 commis-sions, appointments, bonds, etc., duty concern- ing 469 343 cemetery lots, to execute certificate and deed to 470 344 duplicate plat.s of, to keep in office 471 344 fines remitted, etc., order concerning 472 344 office of, hours to be in, etc 473 344 vacancy in office, hpw filled 474 345 Clerk, Collector, Treasurer — clerk, election of, term of office 475 345 bond of 476 346 accounts, record, etc., what to keep 477 34^ licenses, duty concerning 47'*^ 34^ tax books, to make, extend, etc 479 347 seal of citv, to affix, etc., when 480 347 "city register," means clerk ' 4^' 347 compensation of clerk 482 348 collector, duties of 4S3 34-"^ treasurer, duties of 4>'^4 348 INDKX TO RFA'lSr.I) ORDINANCF.S. 51; • Attorney — duties geiicrall}' appeals, to take, etc., when absent, sick, etc., may appoint attorne\ Street Commissioner- office of, term, how appointed and removed duties of power to make arrests Marshal and Police — police force, what to constitute duties of as to arrests, etc policemen, dut}' to mayor and marshal .arrests, enter houses, etc., when assistant to act as marshal, when nuisances, duty concerning 496 marshal, general duties of, etc 497 to attend council, preserve property, etc policeman, may be suspended, vacancy, how filled saloons, not to drink or loiter in party arrested, property, how and when taken marshal, to serve notices, collect dog tax, account for money, etc — - arrests, with or without process, when Police Regulations — marshal and police, must wear badge uniform, must wear badge and uniform, who to provide, etc... to be paid for, by whom and how failure to pay, works forfeiture of salary, what Suspensions and Removals — ma3'or, mav suspend for, what suspension, how effected, performing duties after, misile- meanor charges, when prefered, notice of, etc council, to hear evidence, etc* vote, how taken, what necessary, etc mayor, who mav prefer charges against, trial, etc accused, right to defend, city attorney to prosecute (^"' .u« 4.S6 349 4.S7 349 48S 349 4.S9 350 49" 35" 191 35<' 492 3.S' 493 351 494 35 » 495 352 496 352 497 352 49« 353 499 353 500 353 50 > 353 502 354 5f>3 354 504 355 505 355 506 355 5"? 355 508 356 .S09 35'^ S 1 356 51 1 ^S7 5 1 ,1 357 =;i 1 357 5i8 INDEX TO REVISED ORDINANCES* Salaries and Compensation — sec. general provisions 516 mayor 517 marshal - 518 police judge 519 clerk — 520 treasurer 521 collector 522 attorney 525 engineer, civil 524 assessor .' 525 street commissioner 526 policemen .....527 chief of fire department 528 assistant chief .. 529 hosemen 530 coiincilmen 531 board of health, members of 532 weighmaster 533 sexton of cemetery 534 paj'ment of, when and how made 535 officer, not to retain city money as salary 536 rodmen, chainmen and inspectors, pay of -. 537 jury, in condemnation proceedings, pay of 538 judges and clerkfi of election 539 extra police 540 witnesses 541 ORDINANCES— style of, how passed, signed, etc 769 mayor's veto, powers of, bills passed over, etc 770 rights, etc., not effected by repeal of 771 offenses, lines and forfeitures, not effected by repeal 772 suits, actions, etc pending, not effected 773 "heretofore" and "hereafter,'*' meaning of 774 words importing plural number, scope of 775 words importing singular number, masculine gender, scope of 776 when two preceding sections, not to apply .. 777 PAGE. 358 358 358 358 359 359 359 359 359 359 359 359 359 359 359 359 359 359 360 360 360 360 360 360 360 360 459 460 460 460 461 461 461 461 461 INDEX TO REVISED ORDINANCES. 519 SKC. PAfiE. ordinance, repealing ordinance, when repealed, effect of 77S 461 clerk, to file, number, preserve, etc.. — conflicting ordi- nances, last invalid till former repealed 779 162 same provisions in, how construed, etc 780 462 revised ordinances, to be known and cited how, etc 781 462 rules for government of council 782 462 revised ordinances, city attorney to superintend, etc 783 462 what to be printed, style of, etc 784 462 contract for publication of, council to make 7H5 463 time of going into effect, attestation of 786 464 PARTNERSHIP— property of, how assessed ^6 12s PAWN BROKER— shall pay license 287 290 defined 288 290 shall give bond 289 290 shall keep register, give tickets, etc 290 290 register to be open to inspection of whom 291 291 shall pay tax, etc 292 291 shall not receive goods from minors nor at certain hours at all 293 291 shall not loan on divided part of articles 294 291 penalty for violating provisions concerning 295 291 PENALTIES— failure to list property for taxation, what 24 120 assessor to accept list not sworn to, etc 21 119 building association, officer failing to pay tax on shares 29 123 assessor, failing to return old book, or to mutilate 30 123 street improvement, failure to commence or complete, when 605 388 PERMITS— building, etc., to erect, nmst have, how obtained plans of, etc , to be submitted and inspected, uhen appeal, may take when permit refused street, alley, etc., to dig or excavate in, how obtHiiicil paved or macadamized street, how- sidewalk, to place or leave articles on, etc ,S42 361 543 262 544 362 545 362 546 3^^ 547 363 520 INDEX TO REVrSEI) ORDINANCES'. Street, etc, to excavate under, repair of 548 364 failure to have, when requirrd, misdemeanor 549 364 excavations, guards, lights, indemnity bond for, etc 550 364 stone, brick, earth, etc., to carry away, must have 551 365 ■ engineer; to keep record of 552 36'; night scavenger, must have, etc 553 365 streets, to parade on, etc 554 366 failure to comply with provisions of, misdemeanor 555 366 PEST HOUSES— board of healt^i to provide and send to, when 240 272 PETIT LARCENY— what constitutes, punishment . 439 333 PIGEONS— _ misdemeanor to keep, have, etc 443 335 marshal, to .shoot, etc 444 333 PISTOL GALLERIES to keep, etc., what property owners must consent, etc 572 375 license for, clerk to issue when 573 375 tax on, what and when paid 574 376 license, may be revoked, etc 575 376 to violate provisions of, misdemeanor 576 376 PLATS— (^•ed' Additions. 1 PLUMBERS— must have license, failure to, penalt}'. . 577 377 application for license, how' made 57.S 377 bond of, when required . 579 377 street, excavations, how made, etc., misdemeanor, when 580 378 to test accuracy of water meters, when . 765 456 POLICE— (5£'t' Marshal and Pol ice.) POLICE COURT^ establi.shed, purpose of . 556 366 warrants, when to issue, form of 557 367 defendant, trial, bond, commitment of, etc 558 367 police judge, to keep docket, issue subpoenai's, etc 559 368 witness, refusing to testify, may be committed to jail 560 369 continuances, when granted, how long 561 369 INDKX TO RF.VISEl) ORDINANCES. 52 1 SF.C I'AOK depositions, may be taken, order for, etc 562 •^70 trials, by jury or judge, when, etc 563 370 jury, empaneling of, verdict, etc 564 370 certified copies of ordinances, etc., evidence 565 371 appeals, how taken, l^ond for, etc 566 372 notice of, when to be given 567 372 commitment, when made, form of, execution, etc 56S 373 actions and parties, what may be joined, judgements, etc 569 374 informer, be competent witness, to pay costs, when 570 374 suit or prosecution, time of instituting 571 375 POLICE JUDGK— salary of .- 5"> vS^ warrants, to issue when, form of 557 ?^7 cotnniitment on failure to give bond, form of 55S 367 docket of, subpcenaes, attachment, conlempt, etc 559 36S witness, refusal to testify, may commit 5^ 3^9 continuances, may grant, how long 56' 3^9 depositions, may grant, rule for, etc 262 370 try case, when, jury, when 5^3 37*^' jury, empaneling of, verdict, judgement, etc 564 370 appeals, from judgement of, how and when taken 566 372 shall order prisoner worked, when ,S^9 .'^'^- POIJ.S— time of opening and closing 45,s .v^^ POOR— to be cared for by board of ciiarity, donations for, etc 5'"^ '3' POUND— (.SV^' Animals:) city to provide ' ' animals, to be kept in and sold, when ' - charge for impounding, fees of marshal '3 prIvSOnp:rs to be worked on street, etc " ' ball and chain, may be used, when ^'•'^' days work, allowance for on fine.. 1 1 1 1 1 I 1 1 .^ •,S2 382 91 3S3 manner of feeding, etc.. ^'^' ' ' "' record of work, to be ke]n 3\^ 522 INDEX TO REVISED ORDINANCES. SEC. PAGE to convey means of escape to, misdemeanor 423 328 to escape from jail, officer, etc., misdemeanor 422 328 PRIVIES AND WATER CLOSETS— buildings, what must have 581 379 improperly provided, penalty 582 379 vaults, not connected with sewer, regulations of 583 379 penalty for failure to connect with sewer, when 584 380 connections, how made 585 3S0 leaking vaults, misdemeanor to have 586 381 violation of provisions, penalty in general 587 381 marshal and'police, duty concerning 588 381 nuisance, when * 231 270 PROPERTY what taxable, how and when assessed 19 i r6 PROSTITUTES,— (5^^ Bawdy Ilojcse.) PUBLIC IMPROVEMENTS,— i^.?^ Streets, Sidewalks, Sewers, etc.) RAILROADS— (5>^ Ticket Broker.) quarantine regulations, notice of to be given 260 277 to enter city during quarantine, must have permit, when.. 261 278 minor, to hang or climb on car, misdemeanor 393 320 to mount, jump from, enter, etc., when 395 320 depot, to loaf in without excuse, misdemeanor 396 321 rate of speed of engines, cars, etc., in city 641 407 street crossings, etc., not to obstruct, requirments of moving freight trains in city 642 407 penalty for violationg two preceding sections 643 407 RECORDS— (5^^ City Clerk, Collector, Mayor. Maishal, Eng- ineer, Board of Health, Cemetery, Condernnatiofi Proceed- ings, Streets, Fire Department, etc.) RESOLUTIONS — change of name of street, provisions concerning 594 384 for improving streets, etc., concerning 595 385 sidewalks, may be condemned by 630 401 REVENUE- from what .source derived, generally 644 40S property exempt from taxation, what 645 4oS_ INDEX TO REVISED ORDINANCES. 523 SKC. I'AGE personal property, what taxable 646 409 rate of tax, fixed by ordinance each year 647 409 real estate — and other terms construed, etc h4S 409 property, how assessed, board of equalization, etc 649 411 collector to give notice of, what and when 650 412 taxes, payable in what 651 41 ^ taxes, delinquent when, penalty, list returned, etc 652 41^ nun-residents, collector to furnish list, what 653 41^ taxes, duty of collector concerning, may make levy, etc.. . 654 414 costs of levy, when included, etc 655 414 corporations, to pay how, failure to, proceedings 656 414 penalty for failure to so pay etc 657 415 collector, to credit and receipt for, part payment 65S 41 ^ collector, to keep account, pay into treasurer and make statement 659 415 delinquent list, when and how returned 660 416 council to examine such list 661 416 city clerk, to make delinquent book, when, 662 117 delinquent taxes, how collected, etc 663 417 delinquent list being prepared, taxes how paid 664 417 delinquent list, collector failing to return, penalty 665 41S collector, may bring suit, mayor to appoint attorney for 666 41S REVISED ORDINANCES— (5(?79 66g •J '9 h-r. j2 1 (^-\ 12" h-2 42.) 673 4 20 e: c. PAGB. 674 421 675 421 676 422 677 423 67S 423 679 424 680 424 681 424 682 424 683 425 6S4 425 685 426 686 426 524 INUKX TO REVISED ORDINANCES. tied, what final public travel not to be obstructed, etc. ; contractor shall protect water, gas, and other pipes, etc contractor to be responsible for what, forfeiture excavations for, how made in particular back-filling, how done 200 feet of trench only to be opened, where brick, quality of, how laid, etc niortar, to consist of what, how made, test of cement concrete to consist of what, how made man-holes, dimensions, how built laterals, how built, and set grades to be indicated how, trenches, how excavated for pipe pipes, how laid, quality, inferior to be rejected, etc 686 public sewers to be constructed inider contract, rights re- served 687 428 private sewers to connect with public ar,d district, where, by whom, fee for, permit to be procured for, etc 688 428 injuring, or connecting wilhoul permit, penalty for 689 429 District Sewers — to be constructed according to provisions of this article . 690 430 boundaries of sewer districts to be fixed by ordinance, etc 691 430 city engineer charge, etc., of construction of, to prepare what 692 431 to be located on lines shown on plans, stakes to be set by engineer trenches, how excavated, etc responsibility of contractor in doing work on water, gas, and other pipes, how protected, etc contractor shall provide for ])assage of vehicles, etc shall barricade work, and keep lights on, responsible for what distance of trench to be excavated, onh- what . water to be removed from trench before pipe is laid, unless 700 contractor to do additional work on bottom when six-feet sewers to be built of what 693 431 694 43 J 695 431 696 432 ■ 697 432 3 for 698 432 699 432 less 700 432 701 432 702 433 INDKX TO REVlSKI) ORDINANCI'.S. 525 man-holes, catch-basins and flush-tanks, how Imilt, loca tion of, etc quality of brick for, how laid, etc cement, kind, test, etc mortar, composed of what, how made concrete, composed of what, how made and laid, etc pipes, qualit}- required, etc pipes, laid how pipes, how joined together trenches over pipes, how filled . deficiency in filling-material, to be supplied by contractor 712 covered how deep, " y '' branches, how set. etc lamp holes, how made sewer, how measured, contractor to furni,sh labor and ma- terial; work and material to be inspected, etc.; reject- ed work or material to be replaced; failure of contract- or to, work to stop and engineer to do same; work to be prosecuted diligently, contractor to provide means for inspection; work to be kept cleaned, pavements, etc., to be replaced, work to stop during freezing weather, etc 715 general provi.sions during construction, and duties of parties 7'^ other general provisions concerning work, etc 717 subletting not to be without permission; violation of this may work forfeiture 7^^ work shall be liable to condemnation any time before final acceptance. 7"' tax bills to be issued m payment for work 7:?" engineer shall prepare plans, etc 7-' " engineer," term defined; term " as indicated " defined 722 land to be condemned, engineer to make estimates, com- mittee to advertise for bids, advertisement how made 723 cost of, how computed; tax for, how assessed; tax bills to be issued, to be signed by whom, how, how collected, » lien of, rate of interest 724 district sewers shall be under control of cil\ 703 13.? 704 433 705 434 '706 434 707 43< 7C.S 434 709 434 710 435 71 1 43.'i 712 435 7'i 436 7'-) 436 I3h 4i7 43« 43^ 43^ 44«' 44'^ 441 526 INDEX TO REVISED ORDINANCES. Sewer Connections — sec. page. general plans, provisions, specifications and requirements concerning making of.. 726 442 engineer to supervise, not to be be made without permit, imperfect connections condemned 727 443 applicant for permit to file bond, amount and conditions of 728 443 pipes, etc., to be left open until inspected 729 443 punishment for violation of this article 730 444 SEXTON OF CEMETERY— to obtain schedule of prices of lots 48 128 appointment and duties of 53 129 special duties of. 55 i ;o bond of, etc 57 130 compensation of 534 360 SHADE TREES— to break, injure, etc., misdemeanor 446 334 to cut, mutilate, etc., misdemeanor 458 335 planting, trimming, etc., manner of 734 445 SHEEP— (5^ 412 40 1 401 402 403 403 404 404 404 40.S 406 406 3'*< 326 327 3"6 326 461 341 ^f.^ 341 4^^ 349 4S9 3.50 49-. 350 526 359 632 J,03 528 INDEX TO REVISED ORDINANCES. SKr. F'ACF. ma}- repair, when 638 405 setting of poles, to superintend what 738 447 may take charge of prisoners and work on street, when 589 382 ball and chain, may use when 590 382 to keep record of such work, etc 593 383 STREETS— garbage, filth, refuse, etc., a misdemeanor 230 270 lights for, council to provide for, etc 320 29H intoxication on, a misdemeanor 374. 315 strolling and lurking about after sundown, misdemeanor.. 377 316 ashes, paper, straw, etc., thrown upon, when misdemeanor 387 319 water or slop thrown on from window, misdemeanor 388 319 obstruction of with merchandise, when misdemeanor . 390 319 with railroad train or car, when 391 320 barb wire fence along, unlawful 402 322 stallion, jack or Ijull exhibition on. misdemeanor . 412 326 steam engine, running or exhibition of misdemeanor .414 327 wagon standing on, etc., unlawful, when 415 327 dirt, offal, etc., to drop or .spill 426 329 games, etc., likely to frighten horses, misdemeanor 430 330 to dig or excavate, must have permit 545 546 362-3 when so excavated, etc., must be repaired 548 364 parades on, must have permit 554 366 how opened, etc.— (Sec Condcnmatioii Pipcecdings.) plumbers excavating in, regulation of 580 378 change of name, how effected 594 384 how to proceed for the improvement of 595 385 council may include grading, when 596 385 street improvements to conform to this article 597 386 work shall be done, how 598 386 material shall be inspected, to be rejected, when 599 386 inferior material and improper work to be removed, etc 600 386 notice of. what shall be sufficient 601 387 contractor to put up lights,' penalty for taking down, etc 602 387 street not to be used while being improved, except by fire department 603 387 lial'ility of contractor and .sureties for damage done (xj4 387 INDEX TO REVISED ORDINANCtlS. 529 failure of contractor to commence or complete work within time, proceedure, penalty 6f)5 -^SS citj' may complete work, when, how 606 38S decision of city engineer shall be final, when 607 ^s-^ city engineer shall make estimates, may discharge what men 60S 3S9 advertisements of bids, how made, when, by whom, bids may be rejected 609 t,^() bids, how accepted, effect of 6ro 390 check or bond shall accompany bids, to be forfeited, when 61 1 390 successful bidder to enter into contract and bond, when, provisions of contract, conditions of bond, etc.. to be filed, where 612 391 engineer to inspect work — inspector may be appointed, work, how accepted, tax-bills to be issued, etc 61 ^1 392 city engineer shall make calculation, clerk to issue tax- bills, etc 614 },t)2 tax-bills to be lien — prima facie evidence of what, collected how 615 393 tax-bills not payable in installments, rate of interest on 616 393 tax-bills shall be assignable 617 393 cost of improvements may be paid in installments, when; rate of interest on tax-bills, how issued in such cases, lien of teams, etc., not to be fed on SUPPLIES— purchase of, by order signed by clerk order, granted only on written requisition orders, requisition, et.c., clerk to preserve, how TAXATION— l^^^- Revenue, Tax Bills, Licenses, etc.) books, to be kept by collector, how ' "T who shall be heldi liable for 39 '^^ special assessment in condeni nation proceedings, how made tax bills, to be issued for benefits a.ssessed, etc lien of benefit assessment tax on dogs, rate 6iS 394 7;^ 15" 731 444 732 444 7V; 111 62 '34 6t 136 6» '56 6S 142 530 INDEX TO revisp:d ordinances, BEC. PAGE. dramshop keepers 79 145 what property taxable 644 408 what exempt from 645 408 amount of, to be fixed by ordinance each year 647 409 TAX BILLS- for public improvements, issued how 614 392 lien of, how collected, etc 615 393 rate of interest, etc 616 393 assignable, may be collected by holder.... 617 393 payable in installments, rate of interest, how collected 618 394 sidewalks, for construction of by city, interest, lien, etc 632 402 same assignable, etc 632 402 sidewalks, constructed under contract 637 404 repairs of, made by city 639 406 TELEGRAPH, TELEPHONE AND ELECTRIC POLES AND WIRES— to break, injure, deface, etc., misdemeanor 420 328 poles, to post bills on, mar or deface 445 334 general provisions 735 446 alleys, to be set in when, manner of 736 446 poles, requisites for, manner of setting, height of wire, etc 737 446 plan of route, to be furnished council, etc 738 447 location and height of, council may change 739 447 deposit for repairs, company to make what, failure to, mis- demeanor 740 448 regulations, council to make, stobs and posts removal and costs of, failure to, misdemeanor, when 741 448 TICKET BROKER— license, must have 315 297 term defined , 316 297 license, amount, term and provisions of 317 297 bond of, shall furnish schedule 318 297 penalty for violating provisions of 319 298 TREASURER- to keep what accounts and how 5 108 bond of - 466 342 duty of 484 348 salary 521 359 INDEX TO REVISED ORDINANCES. 53 I to make monthly settlements, check warrants, etc 755 451 VACANCY IN OFFICE— manner of filling. 460 341 VAGRANTS— who deemed, punishment for 447 334 VEHICLES— licensed, to have stands, when not engaged 742 marshal, to designate such stands record of, marshal to keep, etc wagons, with articles for sale, to stand on market place team, not to be fed on street, etc misdemeanor to violate provisions concerning 747 WARDS OF CITY— number of. First ward, location of Second ward Third ward Fourth ward WARRANTS— For Arrests — form of, how and when issued 557 3^7 For Money — clerk to draw on order from council 753 45' party indebted to city, clerk not to issue, etc 754 45' treasurer, settlement of, warrants, coupons to be checke 74« 45^ 749 450 750 45^> 75' 45' 752 45' 759 454 760 4 SI 761 45 s 762 455 532 INDEX TO REVISED ORDINANCES. SEC. reservoir, to bathe in, befoul, etc., misdemeanor 764 meters, dispute as to accuracy, how and by whom tested... 765 water supply, to cut off after consumer executes bond pend- ing dispute, misdemeanor 766 officer ordering or directing same, misdemeanor 767 WEIGH MASTER— (5"^^ Market House.) WITNESSES— fees of before police judge 541 refusing to testify, may be committed 560 fees for attending police court, policeman, when . 76S UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 994 545 2