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THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
THE CHARTER
CITY OF NASHVILLE
The commission form of government Act of 1913, and
various amendments during the same session,
and sidewallc Acts 1907 and 1911.
Compiled by
A. G. EwiNG, Jr.,
City Attorney.
AND
F. M. Garard,
Assistant City Attorney.
Nash\ille, Tenn.
McQuiddy Printing Company,
1913.
Jlbl
TABLE OF CONTENTS.
A. •
Page.
Commission Form of Government, Charter 5-80
B.
Original Act of 1913, Creating Commission Form of Government 5-75
C.
Act of 1913, x'Vuthorizing Police and Fire Pensions 81-83
D.
Act of 1913, Extending the City Limits 83-84
E.
Act of 1913, Carrying Current Street Repair Revenues into Budget... 84-85
F.
Act of 1913, Correcting Clerical Error in Enumeration of Sections.... 86
G.
Sidewalk Assessment Act of 1907 and Amendments Thereto of 1911.. 87-92
H.
Index to the Charter of the City of Nashville 93-107
^67!±±±
CHAPTER 22.
Senate Bill No. 236.
(By Davidson County Delegation.)
A BILL to be entitled An Act to create a municipal corporation to
be known as the "City of Nashville," and to define its rights,
powers, duties, and obligations, and to repeal all laws or parts
of laws in conflict with the provisions of this Act.
Section 1. Be it enacted bij the General Assembly Municipal
of the State of Tennessee, That a municipality, to be creTed.""''
known and designated as the ''City of Nashville,"
is hereby created a body politic, the corporate limits ^^e"^''^'^^"^^^
of which shall be coextensive with the corporate lim-
its of the municipality designated "Mayor and City
Council of Nashville," as chartered under Chapter
114 of the Acts of the General Assembly of the State
of Tennessee for the year 1883 and the various sub-
sequent Acts amendatory thereof, as said corporate p°^^^rs and
limits may be established when this Act takes effect.
Sec. 2. Be it further enacted, That said corpora-
tion shall have perpetual succession; shall sue and be
sued, plead and be impleaded, in all courts of law
and equity and in all actions whatsoever; may pur-
chase, receive, and hold property, real and personal,
within said city; and may sell, lease, or dispose of the
same for the benefit of the city; and may purchase,
receive, and hold property, real and personal, beyond
the limits of the city, to be used for the burial of the
dead, for the erection of the waterworks, for the es-
tablishment of the poorhouse, pesthouse, workhouse,
or house of correction, or for a public park or prom-
enade, or for any other purpose that said city may
deem necessary or proper ; and may sell, lease, or dis-
pose of such property for the benefit of the city to
the same extent as natural persons. It shall have
and use a common seal, and may change it at pleas-
ure.
Sec. 3. Be it further enacted, That all corporate Authority
powers and authorities— legislative, executive, ad- Boardo"
ministrative, and quasijudicial — conferred on said commission-
municipal corporation shall be vested in a Board of
— 0—
Commissioners; and no eoiporate power or author-
ity sliall be vested in or exercised by any other offi-
cer or officers of said city, except as may be herein
otherwise expressly provided, or except as such pow-
ers and authorities may be delegated by said Board
of Commissioners to any other officer or officers by
virtue of the powers conferred by this Act on said
Board of Commissioners.
Sec. 4. Be it further enacted, That said Board of
^^alllTdlparf" Commissioners shall consist of a Mayor, who shall
"^"^^- have charge of (1) the Department of Public Affairs,
Police, and Health; and of four other Commission-
ers, who shall severally be elected to have charge of
the Departments (2) of Finance, Lights, and Mar-
ket House; (3) of Streets, Sewers, and Sidewalks;
(4) of Fire, Sprinkling, and Building Inspection;
and (5) of Waterworks, Street Cleaning, and Work-
Generaieiec- house. Tlic general election for Mayor and Commis-
tion-when. siouers sliall be held biennially on the fourth Thurs-
day in September, and the new administration shall
be organized and sworn into office on Tuesday fol-
sworn in- lowlug tlic secoud Tliursday in October. The Mayor
when. ^^ *■ '
and Commissioners shall be elected at the regular
biennial city election as candidates specifically for
one or another of the five offices named above, and
shall hold office for a term of four years, or until
their successors shall have been elected and quali-
fied; provided, liowev-er, that the member of the
'"^ commission- Board of Public Works in office when this Act takes
«"• effect whose term expires in 1915 shall become there-
upon the first Commissioner for the Department of
Fire, Sprinkling, and Building Inspection, and that
the member of said Board of Public Works then in
office whose term expires in 1917 shall at the same
time become the first Commissioner for the Depart-
ment of Streets, Sewers, and Sidewalks, and that they
shall continue in office until the Tuesday following
the second Thursday in October of said years, re-
spectively, or until their successors are elected and
qualified; and provided, further, that there shall be
elected on the fourth Thursday in September of 1913
only the ?^[ayor, the Commissioner for the Depart-
ment of Waterworks, Street Cleaning, and Work-
house, and the Commissioner for the Department of
Finance, Lights, and Market House, and that the lat-
ter shall be elected for a term of only two years, so
that his term will expire in 1915, concurrently with
that of the Commissioner for the Department of Fire,
Sprinkling, and Building Inspection; and provided, ^^^^^^^^^^
further, that in 1915, and at each biennial city elec- Boards,
tion thereafter, two Commissioners other than theT-g^^gof^j^ce.
Mayor shall be elected, and at alternate elections a
Mayor shall be elected.
Sec. 5. Be it further enacted. That, except as li^^"^- Elections
in otherwise provided, the general election laws of 'understate
the State shall be applicable to and control all city
elections, general or special, which may be held in
accordance with the provisions of this Act ; and the ^^j^^^, quanfi.
qualifications of voters shall be as prescribed by such cations,
general election laws; provided, howev'Sr, that no
person shall be qualified to vote for Mayor or Com-
missioner who shall not have been a bona fide resi-
dent of such city for at least six months immediate-
ly preceding the day of such election; and provided,
further, that any resident citizen and qualified voter
of the county in which said city is located, who has property quai-
been a bona fide owner of property located within ^oter°°°^
the corporate limits of said city for more than twelve
months prior to the date of the election, may regis-
ter and vote in any one ward of said city where said
property may be located, in any city election, gen-
eral or special, held under the provisions of this char-
ter.
Sec. 6. Be it further enacted, That when two oi'^j^^^^^g
]nore persons shall have an equal number of votes for
the office of Mayor or Commissioner in the general
municipal election, the election shall be referred back
to the voters of the city, and another general elec-
tion held in accordance with the terms and provi-
sions of the general election laws of the State of Ten-
nessee.
Sec. 7. Be it further enacted. That the candidates primary
to be voted for at all general municipal elections ^^*''*'°°-
shall be nominated by a general legal primary elec-
tion to be held on the second Thursday in Septem-
ber preceding the general municipal election. The
judges and other officers of election appointed f or j^^jg^s and
the general municipal election shall be the judges °ffi«>-s.
—8—
Qualifying as
voters and
candidates.
Candidates in
general
election.
Registration
for primary
and general
election
Cotnpensation
of Commis-
sioners.
Mayor and
Commission
ers— qualifi-
cations.
and ()0i('<?rs of ilio primaiy (Heel ion, and the polls
shall he opened at the same ))laees and during the
same iiours that are provided for the general munici-
pal election. All persons who are legally (jualified
to vote at the general iniinici])al ele(;tion shall be
(pialified to vote at such primary elections. Any per-
son desiring to become a candidate for Mayor or
member of the Board slial'., at least ten days before
said primary election, file with the Commissioners of
Election a written request averring that he is quali^
tied, to which shall be attached the petition of at
least twenty-five qualified voters, who shall be tax-
payers, requesting sucli candidacy, and who shall
aver in said i)etition that the candidate is, in their
opinion, qualified to perform the duties of the office;
and the name of such applicants and no others shall
be placed on the ballot. The two candidates for any
particular office that receive the highest number of
votes shall be the candidates, and the only candi-
dates, for that office at the succeeding general mu-
nicipal election; provided, hoivev-er, that if in any
such primary election a candidate for any particu-
lar office shall receive a majority of all the votes cast
in such primary election, he shall be the sole candi-
date for such office in the succeeding general munici-
pal election, and no other name shall appear on the
ballot as a candidate for that office. The primary
elections herein provided for shall be deemed elec-
tions within the provisions of the election laws re-
quiring a supplemental registration, and there shall
be such supplemental registration before each pri-
mary election and again before each regular election.
Sec. S. Be it further enacted, That the compensa-
tion of the Mayor shall be six thousand dollars ($6,-
000) per annum, payable in monthly installments;
and that of the other members of said Board of Com-
missioners shall be five thousand dollars ($5,000)
per annum, payable monthly in installments. No
member of said Board of Commissioners shall, di-
rectly or indirectly, receive any other or greater com-
pensation than that first provided.
No person shall be eligible to the office of Mayor
or Commissioner unless he shall be an elector of the
city at the time of his election, and shall have been
— 9—
siicli for at least five (5) years immediately preced-
ing that time, and shall be at least thirty (30) years
of age at the time of his qualification; pi-ovided, how-
ever, that all persons otherwise qualified, who have
resided for a period of five (5) years within the ter-
ritory embraced within the corporate limits of said
city at the time of their election, shall be eligible to
hold the office of Mayor or Commissioner.
Before entering upon the duties of their respective
offices, the Mayor and each Commissioner shall take
and subscribe to the following oath:
"I do solemnly swear that I will support the Con-
stitution of the United States and of the State of ^ °
Tennessee, and that I will faithfully, zealously, and
impartially discharge the duties assigned to me or
incumbent upon me by virtue of the provisions of this
Act, without fear or favor and for the public wel-
fare. ' '
Sec. 9. Be it further enacted, That, to the end
that the work of the city government may be classi- dutL^^"" ^~
fied and arranged and more efficiently conducted,
there is now by this Act established the following
departments, with the duties and powers and made
up as hereinafter indicated :
1. The Department of Public Affairs, Police, and
Health.
2. The Department of Streets, Sewers, and Side-
walks.
3. The Department of Finance, Lights, and Mar-
ket House.
4. The Department of Fire, Sprinkling, and Build-
ing Inspection.
5. The Department of Waterworks, Street Clean-
ing, and Workhouse.
Sec. 10. Be it further enacted, That the Mayor
shall be at the head and have charge of the Depart- ^^duHel.
ment of Public Affairs, Police, and Health, and,
within the scope of this department, shall be the gen-
eral supervisor of all of the affairs of the municipal-
ity; the office of the City Health Department and all
matters pertaining thereto; the receiving and filing
of all reports of heads of other departments and re-
ports from the Mayor as to his department; and of
the general condition of the city with respect to all
—10—
matters affecting the welfare of the municipality and
its citizens. The Ma5'or shall, furthermore, have su-
pervision and control over the Police Department of
said city, hut shall not remove any employee of said
Police Department or of any other city department
who are placed by this Act under civil service regu-
lations, except as may be herein expressly provided.
It shall be the duty of the Mayor, as the head of this
department, to keep the Board of Commissioners ad-
vised from time to time as to all matters affecting the
general welfare of the city; and it shall also be the
duty of the Mayor to preside at all meetings of the
Board of Commissioners and to appoint such com-
mittees as may be pf^^dded for by ordinance or reso-
lution of the Board.
^ Sec. 11. Be it further 'enacted, That each of the
Commission- members of said Board of Conmiissioners shall have
charge of the department to which he was elected,
subject to such regulations as may be prescribed by
the Board. All executive and administrative pow-
"howfixed. ers, authorities, and duties not herein otherwise ex-
pressly provided for shall be distributed among said
five departments in such manner as the Board by
resolution may determine upon, and so as that each
member shall have charge of the matters properly
coming within the scope of his department.
Sec. 12. Be it further enacted, That whenever a
Interpretation ' '
ofjurisdic- difference shall arise as to what department em-
tion in 1 • 1
doubtful braces a particular work or matter or the right to
cases. '■ ^ .
appoint any particular employee or employees, ei-
ther because the same is not herein specially pro-
vided for or because of a difference of opinion as to
the xDroper construction of the various sections of
this Act, the question shall be determined by a ma-
jority of the Board of Commissioners in regular ses-
sion, and their conclusion shall be final and binding.
Vacancies- Sec. 13. Bc It furtJier enacted, That upon any va-
how filled. ^^j^Qj occurring in the Board of Commissioners by
death, resignation, or otherwise, except in the case
of a Commissioner who is recalled by the voters as
hereinafter provided, the remaining four Commis-
sioners shall have the power by majority vote to
elect a Commissioner to fill such vacancy, who shall
hold office for the unexpired term. Pending such
—11—
election, the Mayor (or if the vacancy be in the office vacandes-
of the Mayor, then the Vice Mayor) shall assume rniln.^""'^^^
and have charge of the department over which the
Commissioner whose office has been vacated had
charge.
Sec. 14. Be it further enacted, That the Board of Meetings of
Commissioners shall hold regular meetings on Tues- ^ommission-
day of each week, at 10 o'clock A.M., and may hold
special meetings at such times as may be called by
the Mayor or any two of the Commissioners; pro-
vided, six hours' written notice thereof is given to
each member or is left at his nsual place of residence.
It shall be lawful at any special meeting for the ^P^^^\\^gg
Board to transact an}^ unfinished business of a prior
regular meeting or special meeting, or anj^ new busi-
ness that may come before such special meeting.
All meetings of the Board shall be public, and shall
be held at the city hall of said city, and not else-
where, except as may be authorized by ordinance
duly enacted by the Board of Commissioners. In
case of a vacancy in the office of Mayor or of his dis-
ability or absence, the functions and duties of the
Mayor shall be exercised by a Vice Mayor, who shall
be a member of the Board of Commissioners of such
city, and who shall be elected by a majority of said
Board of Commissioners at its first regular meet-
ing after each general city election.
Three members of said Board shall constitute a Quorum, ordi-
quorum for the transaction of business. The ayes "^'^'^^S' «'^*=;
and noes shall be called and entered upon a journal
upon the passage of every ordinance, resolution, or
order of any kind, and no order or resolution shall
be adopted unless three votes are recorded in its fa-
vor.
The Board of Commissioners shall keep a com-
plete record of all of its proceedings, and a copy
from its records, certified by its clerk, shall be com- ^^^^en^''"
petent evidence in all courts of this State.
Each member of said Board of Commissioners commission-
shall give bond (with not less than three sureties)
in the sum of twenty-five thousand dollars ($25,000)
in favor of said city, conditioned for the faithful
performance of the duties of his department and the
proper distrilnition of and accounting for all moneys
—12-
Commission-
ers' bonds
filed.
No interest m
contracts
No'sdditional
compensa-
tion.
Expenditures
over 5500 —
appropriated
how.
Advertised.
No convict
labor.
Expenditures
under S500.
Interest in
contracts
prohibited.
oomini? into his hands in his official capacity, and said
bonds shall be filed with the clerk of the Board of
Commissioners and enrolled by him in a book to be
kept for the purpose of enrolling all official bonds.
Sec. 15. Be it further enacted, That no Commis-
sioner or official, subordinate officer, or other em-
ployee of the city shall be connected with or inter-
ested in, directly or indirectly, any contract with the
city; nor shall any Commissioner of the city receive
any compensation other than that herein expressly
provided; nor shall extra pay be allowed or received
by any Commissioner or officer of the city serving
on a committee, agency, or any commission whatever,
when appointed to such service by the Commissioner
during his term of office; provided, hoivever, that
whenever the duties of any of the Commissioners
shall require him to visit a point beyond the limits
of Davidson County, his reasonable expenses may be
paid by the city if such pajanent is authorized by
the Board of Commissioners by a duly enacted or-
dinance.
Sec. 16. Be it further enacted, That where the es-
timated expenditure for any public improvement or
other public purpose, taken as a whole, amounts to
more than five hundred dollars ($500), the Commis-
sioner for whose department such appropriation is
desired shall transmit to the Board of Commission-
ers an ordinance authorizing said expenditure; and
in the event of the passage of said ordinance by the
Board of Commissioners as herein provided, it shall
be the duty of the Board of Commissioners to ad-
vertise and let the work or matter for which the ex-
penditure is desired to the lowest competent and re-
sponsible bidder; provided, that said lowest bidder
shall not employ convict labor in said work or any
part of it. In all cases of expenditures of less than
five hundred dollars ($500) the Commissioner in
charge of the department for which such expendi-
tures are desired may make the same with the ap-
proval of a majority of the Board of Commissioners.
But no member, officer, or employee of the Board
of Commissioners, nor any person related within the
sixth degree by the civil law to any member of said
Board of Commissioners, or of any Board created
—13—
under this Act, shall be, directly or indirectly, inter-
ested in any contract or work of any kind whatever
under the direction of the Board of Commissioners
or of any Board created under this Act or any de-
partment thereof, and any contract for work or ma-
terial in which any such person shall have an interest
shall be void.
No money shall be paid at any time to any person
claiming under a contract with the Board of Com- "tract-affi^""
missioners or any Board created under this Act, or
any department thereof, until such person shall have
first filed with the Board his statement, under oath,
disclosing the names of all persons directly or indi-
rectly interested in the contract or the proceeds or
profits thereof, declaring that no person other than
named are interested, and that no person forbidden
by this Act has any interest in the same.
When, in the opinion of the Board of Commission-
ers, it shall become necessary or desirable in the "^contract- °
prosecution of any work to make alterations or mod- ^"''' """^^
ifications in the specifications or plans of any con-
tract or contracts, such alterations or modifications
shall only be made by order of the Board of Commis-
sioners, and such order shall have no effect until the
price to be paid for such extra work shall have been
agreed upon in writing and signed by the contractors
and approved by the Board of Commissioners; pro-
vided, however, that the total cost of the work, with
the addition of the price so agreed upon, shall not
exceed the original estimate; and provided, further,
that nothing shall be allowed any contractor for
extra work caused by alteration or modification
unless a written order or agreement is signed by the
contractor and the Board of Commissioners, nor
shall such extra allowance in any case exceed the sum
fixed by such written agreement. No recovery shall
be had by any contractor for any extra work done
for the Board of Commissioners, or am^ department
thereof, unless the agreement to pay the same be in
writing, as hereinabove provided.
All contracts made by the Board of Commission-
ers, or any department thereof, when other conditions favored-
are equal, shall be given to the parties, concerns, or
—14—
manufacturers whose home office is in said city or
in the county in which said city is located.
Sec. 17. Be it furtliev enacted, That the said Board
created by of Commissiouers shall have power and is hereby
ers"™'*^'°"" authorized to create such offices and to provide by
ordinance for the appointment or election of all such
officers, or administrative heads, as may be necessary
for the ,<>ood i>-overnment of the city; and the com
pensation of all officials or employees whose com-
pensation is not fixed by law shall be fixed by the
Board, and shall be subject to change at its will and
pleasure; provided, however, that this shall not ap-
ply to the salaries of officials elected by the people
])rior to the taking effect of this Act and whose terms
of office shall not have then expired, it being the ob-
ject and purpose of this Act that all officials elected
by the people prior to the taking effect of this Act
shall serve out their terms and receive for the re-
mainder of their said terms the same compensation
as was fixed hy law at the time of their respective
elections, except the two members of the former
Board of Public Works, who shall receive compensa-
officers elected ^on as providcd by this Act. Officers and adminis-
ov Coramvs- . ' iini i TTn-r» i ii
sioners. trativc lieads shall be employed by the Board on the
nomination of the Commissioner having charge and
supervision thereof; but am^ one so nominated who
shall thereupon be rejected Iw the Board shall not be
, eligible to be nominated or confirmed for the same
office for a period of one year, unless such office is
rendered vacant by death or resignation.
The compensation of officers and administrative
*^o"f-how''°" heads, excepting as herein otherwise provided, shall
^''^^- be fixed on the recommendation of the Commission-
er under whom he serves, subject to the approval of
the Board ; and the compensation of clerks and com-
mon laborers in each department shall be fixed by
the member having charge thereof, but between lim-
its to be prescribed \)\ ordinance duly enacted by the
Board of Commissioners; provided, however, that
the number of hours constituting a day's serA'iee for
common laborers, including common laborers and
mechanics of the Waterworks Department, shall not
be greater than, and that their wages shall not be
less than, that established and in force under the ex-
—15—
isting charter at the time that this Act g-oes into ef- who under
/,.»■,, (.[. -. . . , ,. , , , , civil service.
lect. All omcers, administrative heads, and other
employees, except those placed by this Act under
civil service rules and regulations, as hereinafter
provided, shall hold their offices or positions during
the will and pleasure of the Commissioner under
whom they serve; 'provided, ]iow-ever, that all em-
Xjloyees of said cit^^ who may be under civil service
rules and regulations when this Act takes effect shall
continue to hold their said positions without the ne-
cessity of reelection of reappointment by said Board
of Commissioners.
The City Attorney may be nominated by any mem- ^.^^^ Attorney
ber of the Board of Commissioners, and shall be -ho"\
elected
elected by a majority of said Board.
Sec. 18. Be, it further enacted, That the Board of „ ^ * «=
. . ' ' Bonaoiotii-
Commissioners shall fix the amount of bonds and '^^^^^^''^'■'^'^
the method of their approval to be required of all
elective, appointive, or subordinate officers, and such
other city employees as the Board of Commissioners
shall require to give bond. The approval of the of-
ficial bonds of all elective, appointive, or subordinate
officers and other employees must be indorsed there-
on and signed by the Board of Commissioners, and
shall be given and made by some good and solvent
surety compan}^ All bonds, when approved, shall g^^j. ^^^
be filed with the clerk of the Board of Commission- ^°'^'^^-
ers, and be by him kept in a book especially prepared
for that purpose.
Sec. 19. Be it further enacted, That no Commis-
sioner or officer of the city shall, during the term fQj.O"''°^''^°"^y-
which he is elected or appointed, accept or hold any ^""^ ^^'^'^'
other office under the city government or become an
officer or employee, with or without pay, of the State
or county in any capacity whatever.
Sec. 20. Be it further enacted, That it shall be the
duty of each Commissioner to prepare and submit to ^ mmt pre°
the Board of Commissioners a budget of the esti- ^''''^^'
mated expenses for his department and the various Estimates
divisions thereof for the succeeding year, which re- 'te™>^ed.
port shall be submitted by each Commissioner not
later than the first of December preceding the year
for which said budget is intended. It shall be the
duty of the Board of Commissioners to publish daily
-10
Ordiii.Tiice-
Current collec
tions for re-
pairs— cur-
rent budget.
for at least one week, in some newspaper published
in said city, the proposed budget for the ensuing
year, and the snme shall not become a law until such
publication has been made. After such publication,
the Board of Commissioners shall by ordinance
apportioning, ^^^p^ tho budget and apportion to each department
such sum as it may deem advisable for the conduct
and maintenance thereof.
That said municipality of the City of Nashville
be, and the same is, hereby authorized and empow-
ered to direct the Revenue Department to keep a
separate account of all money turned into the Reve-
nue Department, and which becomes a part of the
moneys of the Street Department, from the Nash-
ville Railway and Light Company, the Nashville
Gas and Heating Company, and for all privileges
from plumbers and others, for excavations, and the
said amounts so received shall be credited to the
Street Department for the use of said department,
and the same shall be subject to use by the Street
De})artment in addition to the amount provided by
the [Board of Commissioners] in the annual budget,
during the current year in which the same are paid
in.
Any Commissioner, official, head of department,
employee, or other person intrusted with the collec-
tion or disbursement of the funds provided for in
said budget, who shall create or aid in creating any
liability of the corporation beyond the expenses as
fixed by the budget for said department or division
thereof, or who shall divert the funds appropriated
to said department to any other object or purpose
than those for which such sums have been appropri-
ated, shall be civilly liable to the corporation for the
excess and for any loss to the corporation, and, on
conviction, shall be fined not less than one hundred
dollars ($100) nor more than five hundred dollars
($500) and imprisoned for not less than sixty (60)
days nor more than six (6) months.
Sec. 21. Be it further- evacled, That no city within
the provisions of this Act shall have power to levy
in any one year for ordinary corporate purposes a
higher rate of tax than one per cent of the assessed
value of the taxable property within its limits j and
Diverting ap-
propriation
penalized.
Misdemeanor
to exceed.
—17—
the word "ordinary" is to embrace all expenses for
fire, police, streets, gas, water, and all other pur-
poses strictly municipal, excluding interest on debt
and tax for sinking fund, or a tax to yaj any judg-
ment against the city, or in obedience to any manda-
mus or expense for schools, for which an additional
levy may be made. Tf at any time it shall appear to Deficiency in
the Board of Commissioners that the tax levy for the ^''^ ^'^'
current and ensuing year is insufficient for properly
conducting the affairs of the city and for construct-
ing improvements and repairs and doing such things
as are committed to its charge, the Board shall pre-
pare an estimate of such deficiency, and shall there-
upon have the right in its discretion to make such
additional appropriation, and proceed to make a spe-
cial levy upon the taxable pjoperty — real, personal,
and mixed — within said cit}^ taxable for State pur-
poses, but not to exceed the limit hereinabove pro-
vided for.
Sec. 22. Be it further enacted, That the budget for Budget limits.
the ordinary and extraordinary expenses of said city
for any one year shall not exceed the amount of rev- Amount not to
enue actually collected during the year immediately •=^'=«'='^-
preceding the one for which said budget is intended ;
provided, that the proceeds of the sales of any bonds proceeds from
made in any year may be added to the budget for bonds not in.
that year and included in the expenditure to be made,
even though in excess of the amount of the revenue
actually collected during the preceding year. And Funds trans-
no fund appropriated in said budget for one depart-
ment of said city government shall be transferred
to or used in defraying the expenses of any other
department of said city government; provided, that
the Board of Commissioners may, upon the recom-
mendation of any Commissioner, authorize by reso-
lution the transfer of funds from one department to sinking fund,
defray the expenses of another department; and pro- abiV.""^^^'^"
vided, further, that this provision shall not apply to
the sinking fund.
It shall be lawful for said city to embrace in its Annual bai-
budget for any one year revenue carried in the ^ven '^^'^"^'^
budgets for the preceding year and which has not
been expended during such preceding year ; provided,
how^ever, that nothing herein contained shall author-
-18—
Contracts in
natnc of city
Commissioners
alone can
create liabil-
ity.
City laws
published.
Bond and
franchise
ordinances
and elec-
tions.
Renewals-
how.
Refunding
bonds.
Funding
bonds, no
referendum.
ize the corporate authorities of said city to depart
from the prescribed plan of making its budgets, ex-
cept as herein expressly authorized.
Sec. 2.3. Be it further enacted, That all contracts
of the Board of Commissioners shall be made in the
corporate name of said city, and executed in its be-
half by the presiding officer of the Board, under the
seal of the corporation, and filed in the office of the
Board.
Sec. 24. Be it further enacted, That no member
of the Board or other person, whether in its employ
or otherwise, shall have power to create liability on
account of the Board or its funds under its control,
except by express authority of the Board conferred
at a meeting duly and regularly convened as herein
provided.
Sec. 25. Be it further enacted, That there shall be
prepared and published by the Board of Commission-
ers, within one j^ear after the passage of this Act,
and once in every five years thereafter, a digest of
all of the ordinances and resolutions of a public na-
ture then in force.
Sec. 26. Be it further enacted, That no bill or or-
dinance for the grant of any franchise or the issu-
ance of any bonds shall be put upon final passage
within ninety days after its introduction, and that no
franchise shall be renewed before one year prior to
its expiration. Every ordinance involving the grant-
ing by the city of any franchise or amendment to
existing franchises for the supply of light or water,
for the lease or sale of any public utility, for the ex-
emption of any quasipublic corporation from the du-
ties imposed upon it by its charter or by the law of
the land, or involving the granting by the city of any
right of way over, through, or under the streets, al-
leys, avenues, or property, to any street railroad,
telephone, telegraph, gas, electric light, or other
company, or the issuance of any bonds (excepting
bonds issued for the purpose of funding outstand-
ing bonds, which shall not be funded except at the
same rate or a lower rate of interest), must be sub-
mitted to the qualified voters of said city at a special
election to be called for that purpose; provided, that
such ordinance or ordinances mav be submitted to
—19—
the qualified voters at a general city election; and
provided, further, that no such special election shall
be called within six (6) months after a special elec-
tion or general city election; and provided, further,
that nothing in this section shall prevent the Board
of Commissioners, by a majority vote of its mem-
bers, from permitting telephone, telegraph, street
railway, electric light, or gas companies now in exist-
ence, or which may hereafter be created and obtain
franchises in accordance with the provisions of this
Act, from erecting additional poles or extending their
lines in said city without an affirmative vote of the
qualified voters.
If the majority of the qualified voters voting in Expenses of
such special or general city election on the matters IFoZ^
embraced in this section vote in favor of such ordi-
nance or ordinances, the same shall become a law;
provided, that the expenses of all such special elec-
tions, or the pro rata part thereof, when held in con-
junction with a general city election, shall be paid by
the person or corporation in whose behalf said elec-
tion shall have been called for the purpose of voting
on such ordinance or ordinances.
Sec. 27. Be it further enacted, That, for the pur- ^
pose of providing means for the liquidation and re- from sinking
tirement of the bonded indebtedness of said city, a
sinking fund is hereby created, into which shall be
paid, on the first of each month after this Act be-
comes effective, ten per cent of all taxes, revenues,
and collections from all sources whatsoever, except
from the tax for school purposes and from any
money derived from the sale of any bonds received
by and coming into the city treasury. The Commis- eoriimissioner
sioner of Finance, Lights, and Market House shall, ^[^F'nance.
at the end of each month, out of said taxes, revenues,
and collections, except out of the taxes for school
purposes and from any money derived from sale of
any bonds received during said month, deduct ten
per cent from the aggregate thereof, and deposit
same in one or more of the city depositories to the
credit of "Sinking Fund;" and he shall open and
keep in his books in his office an account designated
''Sinking Fund Account," which shall show accu-
rately and specifically all pajonents made into and
—20-
Uonds, buy
when.
chases of
bonds.
Bonds— called.
^not'dh-erted ^'^ disbursemeiits made ont of said sinking- fund ; and
no disbursement out of said sinking- fun<l sliall l)c
made for any purpose, except as hereinafter di-
rected. The moneys paid into the sinkinii; fund as
aforesaid shall be used only and exclusively for the
purchase, retirement, or payment of any outstand-
in<^ l)onds of the said city. At the end of each quar-
ter or period of three months, the Commissioner of
Finance, Lights, and Market House, with the accumu-
lation of money in the said sinking fund and with the
Report of pur- ^PPi'C)val of thc Board of Commissioners, shall buy
any of the outstanding bonds of the city at the lowest
price at which they are offered or can be obtained;
and in the event the Commissioner of Finance,
Lights, and Market House shall be unable to buy any
of said bonds at less than par as herein authorized,
he shall call as many of said bonds subject to call as
there are funds on hand to pay the principal and ac-
crued interest thereon, before investing said funds
in am^ of the bonds of said city at more than par and
accumulated interest. Said bonds, which it is in-
tended in this Act for said Commissioner of Finance,
Lights, and Market House to repay, redeem, and re-
tire, shall be designated by number in the call, and
such call shall be published and advertised for not
less than thirtv days in one or more of the daily pa-
pers published in said city. The call for bonds afore-
said shall fix and designate the time when and the
place where the holders thereof shall deliver them
for payment, and the place of payment shall be the
Treasurer's office of said city. Interest on the bonds
shall cease on the day fixed in the said call for their
payment and redemption. "When said bonds called
as aforesaid shall be presented for payment and re-
demption and are paid and redeemed, they and the
coupons thereon shall be canceled forthwith, and.
after cancellation, shall be held and securely pasted
in a well-bound book kept for that purpose. All
payments and disbursements out of the sinking fund
authorized by this Act shall be made on the written
order of the Commissioner of Finance, Lights, and
Market House, in which the object and purpose of the
payment shall be plainly stated. Said order shall be
directed to the Treasurer; and upon said order the
Interest on
ceases.
Canceled and
pasted in
book.
—21—
Treasurer shall use tlie money in the sinking fund
to purchase, redeem, or pay for said bonds. No such
order shall be issued by the Commissioner of Fi-
nance, Lights, and Market House until the same has
been presented to and approved by the Board of
Commissioners, and, when approved and transmitted
to the Treasurer, shall be carefully preserved and
kept by him in a well-bound book.
The Commissioner of Finance, Lights, and Market
House shall make, on the first day of January and
July of each year, to the Board of Commissioners, a
detailed and itemized statement of the amounts paid
into the sinking fund, and of all disbursements made
therefrom under tlie provisions of this Act, and shall
accompany said report with the certificate of the
Treasurer, showing all the bonds and the numbers
thereof purchased, paid, redeemed, and canceled.
All necessary expenses to the redemption, cancella-
tion, and preservation of said bonds sliall be paid out
of the general fund of said city.
Sec. 28. Be it further enacted, That each of the Rules of
Commissioners of the five municipal departments epanments.
hereinbefore created and designated shall have pow-
er to make all rules and regulations for the govern-
ment of his department and the various divisions
thereof, subject to the approval of the Board of Com-
missioners, and not inconsistent with the terms and
provisions of this Act. Each Commissioner shall
have power to employ all such clerks and common
laborers as may be deemed necessary by the Board
for the proper maintenance and conduct of his de-
partment or the various divisions thereof, and such
appointments shall not be subject to the approval of
the Board of Commissioners.
It shall be the duty of each Commissioner to pre- Reports-
sent monthly to the Board of Commissioners a full '"°"''^iy
and complete record of the workings of his depart-
ment and its divisions, which said report shall show
in detail what sums of mone}^ have been spent for the
conduct of such department or its divisions, for what
purpose such expenditures were made, and shall like-
wise contain recommendations for the betterment of
the department. An annual report, showing in de- Repons-au-
tail the workings of each department created by this ""-'^
—22—
Act, shall be made by the Commissioner in charge
thereof, submitted to tlie Board of Commissioners
for its approval, and bound in a permanent form for
publication.
Ordinance- ^^^' ^^' ^^ *^ furtlier cMacted, That when exercis-
how passed, ing thc powcrs conferred on it wherein the passage
of an ordinance is necessary, the Board of Commis-
sioners shall not pass any such ordinance unless and
except when the same shall have been read in full and
passed on three readings on three separate days, and
any ordinance not so passed shall be null and void.
All city ordinances shall begin by an enacting clause,
as follows, "Be it enacted by the Board of Commis-
sioners of the City of Nashville," and shall at the
end contain the provision that, * * This ordinance shall
take effect from and after its passage, the welfare
of the city requiring it;" otherwise the same shall
not take effect until twenty days after the passage
thereof.
i.e isiative ^^^' ^^' ^'^ ^^ furtJier enacted, That the Board of
powers. Commissioners of said city shall, within the limita-
tions of this Act provided, have powers hj ordi-
nance :
1. To levy and collect taxes upon all property tax-
able by law for State purposes; but such tax levy
shall not exceed the rate hereinbefore provided for ;
and said city shall not exempt from taxation any
property not exempt from State taxes.
2. To levy and collect taxes upon all privileges
taxable by the laws of the State; but no such privi-
lege tax shall be levied or collected in excess of the
amount fixed by the laws of the State for taxing such
privileges for State purposes.
3. To make all rules and regulations to secure the
^hVaTtVrebu- general health of the inhabitants ; to prevent intro-
lations, etc. (J^(,^jqjj q£ coutaglous dlscascs iuto the city ; to make
quarantine laws for such purpose, and enforce the
same within ten miles of the city ; to establish hospi-
tals and make regulations for the government there-
of; to declare by ordinance what constitutes nuis-
ances, and to provide for the abatement of the same
within said city or within one mile of the corporate
limits thereof, and make all repairs and improve-
ments necessary for the health and convenience of
—23—
the inliabitants ; and all expenses or outlay made by
the Board of Commissioners for the abatement of
nuisances shall be reimbursed by the owner or own-
ers, and shall be secured by a lien upon the property
upon which the expenditure is made, which lien may
be enforced by a suit in Chancery Court as other
liens are enforced.
4. To appropriate money and provide for the pay- Appropna-
ment of the debt and expenses of the city, and also purposcs.^^^
the debt of the municipal corporation of which it is
the successor ; to make appropriations to open, alter,
abolish, widen, extend, establish, grade, pave, or oth-
erwise improve, clean, and keep in repair streets,
alleys, and sidewalks, or to have the same done; and
to erect, establish, and keep in repair bridges, cul-
verts, sewers, and gutters; and to make appropri-
ations for lighting the streets, and for the erection
of all buildings necessary for the use of the city ; and
to take and appropriate grounds for widening or ex-
tending streets, avenues, squares, parks, and prom-
enades, or for building sewers, gasworks, hay mar-
kets, market houses, engine houses, station houses,
workhouses, and city halls, when the public conven-
ience requires it, under the provisions of Sections
1981, 1982, 1983, and 1984 of Shannon's Compilation
of the Laws of Tennessee.
5. To license, tax, and regulate all occupations
which are now or hereafter may be declared to be
privileged occupations by the laws of the State; to
license, tax, and regulate all means of public con-
veyance, as automobiles, carts, omnibuses, cabs,
wagons, and drays, which are held out to the public
use for hire ; to fix the rate to be charged for the car-
riage of persons and property b}^ such conveyances
within the city, and to make all needful rules and
regulations for the government of such convey-
ances.
6. To regulate or prohibit and suppress theatrical
and other exhibitions, shows, and amusements, gam-^houseP
bling houses, disorderly houses, bawdy houses, and
obscene pictures and literature.
7. To provide for the arrest, imprisonment, and
punishment of all riotous and disorderly persons
within the city, and for the punishment of all
—24—
breaches of the peace, noise, disturbance, or disor-
derly assemblies,
8. To regulate, restrain, or prevent any business
which may be dangerous in causing or producing
fires, and to prevent and suppress the sale of fire-
arms and carrying of concealed weapons, and the
use and sale of firecrackers and toy pistols, or any
other business of any character whatsoever which
may be declared to be dangerous to the security and
well-being of the inhabitants.
9. To regulate the storage of explosives, combusti-
bles, and inflammable materials of every character,
and the use of lights, candles, lamps, and steam pipes
in all stables, shops, and other places.
10. To provide for the inspection and measuring
of lumber and other building material, and for the
inspection and weighing or measuring of stone, coal,
wood, and all fuel, hay, corn, and other grain.
11. To provide for and regulate the inspection of
F°°^J"spec- beef, pork, flour, meal, milk, butter, lard, and all oth-
er provisions ; to restrain and punish the forestalling
and regrating of other provisions; and to establish
and regulate markets.
. j^^ ^ 12. To regulate, tax, license, or suppress the keep-
ningat large iug aud goiug at large of all animals within the city;
-poun or. ^^ impound the same, and, in default of redemption
in pursuance of ordinance, to sell or kill the same.
13. To improve and preserve the navigation of the
Wharves etc . . . .
Cumberland River withm the city; to erect, repair,
and regulate public wharves, docks, and landings;
to fix the rate of wharfage thereat; to regulate fer-
ries; and to regulate the stationary anchorage mov-
ing of vessels or rafts within the city.
14. To provide for inclosing, improving, and regu-
lating all public grounds belonging to the city, in or
out of the corporate limits.
15. To grant rights of wa^^ through the streets,
^o^rdlSa^nces. avouues, and squares of said city for the use of pub-
lic or quasipublic utilities, but subject to the terms,
provisions, and limitations of Section 27 of this Act.
16. To provide the city with water by waterworks
a erwor s. .^j^j^'j^ ^^ bcyoud thc boundarics of the city ; to pro-
vide for the prevention and extinguishment of fires,
and the organization and establishment of fire compa-
—25—
nies; to take and appropriate ground, either with-
in or beyond the corporate boundaries, for water-
works, pipes, sites for pumping station or reservoir,
right of way for water to tlie city from pumping sta-
tion or reservoir, upon payment of damages; but
such proceeding under the right of eminent domain
shall be in accordance with and controlled by Sec-
tions 1844 to 1867, inclusive, of Shannon's Compila-
tion of the Laws of Tennessee.
17. To establish standard weights and measures
to be used in the city, and to appoint a Sealer of
Weights and Measures, who shall have exclusive ju-
risdiction within the city.
18. To impose fines, forfeitures, and penalties for
the breach of any ordinance, and to provide for their
recovery and appropriation, and to fix terms of im-
prisonment for the breach of any city ordinance ; but
no penalty so fixed shall exceed fifty dollars ($50),
and no term of imprisonment shall be for a longer
time than three (3) months for the sanie offense.
19. To erect and organize a workhouse in or near
the city, and any person who shall fail or neglect to j^^ciiooihouses,
pay any fine or costs imposed on him by any ordi-
nance of said city shall be committed to the work-
house until such fine and costs shall be fully paid;
but no term of imprisonment in said workhouse shall
be for a longer time than three (3) months for the
same offense.
20. To impose penalties upon the owner or own- condemn
ers, occupants, or agents of any house, well, or struc- ^o"'''^^' ^t*=-
ture which may be considered dangerous or detri-
mental to the citizens, unless after due notice to be
fixed by ordinance the same be removed or repaired.
21. To regulate and provide for the construction
or repair of sidewalks and foot pavements; and if
the owner or owners of any lot or lots shall fail to
comply with the provisions of such ordinance within
such time as may be prescribed thereby, the Board
of Commissioners may contract for the construction
and repair of all such sidewalks or pavements, and
the city shall pay for the same, and the amount so
paid shall be a lien upon said lot, and may be en-
forced by attachment in law or equity, or the amount
Workhouses,
sch
etc.
—26—
may be recovered a^i^ainst said owner l)y suit before
any court of coinyDetent jurisdiction.
'12. To compel the owners of buildings to erect fire
escapes when necessary for the safety of occupants.
i,anfi for parks 23. To crcato, maintain, and control a system of ^ ^^
coiKlemned
-how.
r
'^Of
\x
Electric light.
Cruelty to
animals.
Schools.
Nuisance.«,
health, and
general wel-
fare.
public parks within its corporate limits or adjacent
thereto, and for such purposes to acquire and hold
property by purchase, g-ift, or devise; to condemn
private property for park purposes in accordance
with the terms and provisions of Sections 1844 to
1867, inclusive, of Shannon's Compilation of the
Laws of Tennessee; to make appropriation by ordi-
nance for their maintenance; to enact such ordi-
nances as may be necessary for the regulation and
control of such public parks ; to create park boards
and define their powers and duties.
24. To build or purchase or own and operate elec-
tric light works for the purpose of lighting public
buildings or streets or all other public places in the
city, and for the sale of electric current to all per-
sons desiring to purchase the same, either for light,
heat, or power, or any purpose whatever ; or to pur-
chase and erect within or beyond the boundaries of
the city a gas plant, and to own and operate the same,
together with a complete system of gasworks, for
the purpose of supplying the city with light, either
for public purposes or private consumption.
25. To provide by ordinance for the punishment
of cruelty to animals ; to impose fines for the breach
of such ordinances; and to create a Humane Com-
mission, and to define its powers and duties.
26. To establish a system of free schools and regu-
late the same, but so as to avoid sectarian influence.
27. To provide for the appointment of a police
force, and make rules and regulations for the gov-
ernment thereof.
28. To pass all ordinances other than those herein
expressed which, in the opinion of the Board of Com-
missioners, may be necessary for the health, con-
venience, and safety of the citizens ; to carry out the
full intent and meaning of this Act, and to accom-
plish the object of this incorporation.
Sec. 31. Be it further enacted, That the Board of
Commissioners of said city is hereby prohibited from
Q-i^u. ^
r'T
—27—
employing or appropriating the revenues and taxes
in any other manner than for purposes strictly mu-
nicipal and local and according to the provisions of Donations
this Act; and said Board is hereby prohibited from p™'"^"^"-
appropriating any money or revenue or credit, di-
rectly or indirectly, by way of donation, festivities,
pageants, excursions, or parades; nor shall said
Board be authorized to subscribe to the stock in any
railroad company or any other corporation, or give
or lend any money, aid, or credit, directly or indi-
rectly, to any person or corporation whatever; nor
shall said Board, directly or indirectly, dispose of,
by way of gift, any property or commodity belong-
ing to said city; provided, however, that said Board
may, in its discretion, sell any property belonging ^''"how^ ''°''^
to the city upon receiving a fair, reasonable valua-
tion therefor; but no public utility belonging to the
city shall be sold, leased, or disposed of, unless and
until the question of such sale, lease, or disposal has
been submitted by ordinance to the duly qualified
voters of the city at a general city election or special
election, to be held in accordance with the general
election laws of the State, and the consent of the ma-
jority of the voters voting at such election assent
to such sale, lease, or disposition.
Sec. 32. JBe it further enacted, That the Mayor or ^^^^^^ ^^
any Commissioner elected by the people under the officials.
terms and provisions of this Act may be removed
from such office by the qualified voters of the city
in the following manner — to wit :
A petition, signed by duly qualified registered vot-
ers entitled to vote for a successor to the incumbent
sought to be removed, equal in number to at least
twenty-five per cent (25%) of the entire vote for all
candidates for the office of Mayor cast at the last
preceding general city election, demanding the elec-
tion of a successor of the person sought to be re-
moved, shall be filed with the Chairman of the Coun-
ty Board of Election Commissioners, and this peti-
tion shall contain a statement of the grounds on
which the removal is sought. The signatures to the
petition need not be all appended to one paper, but
each signer shall add to his signature his place of
—28—
residence, ^iviiii*' the street and number. Five (5)
of the signers of each such petition shall make oath
before an officer competent to take oaths that the
statements made therein are true, as he believes, and
that each signature to the paper appended is the
genuine signature of the person whose name it pur-
ports to be.
When the petition has been prepared as herein-
above provided, it shall be the duty of the parties
preparing the same to file it with the Chairman of
the County Board of Election Commissioners; and
it shall be the duty of said Board forthwith to exam-
ine the petition and ascertain from the voters reg-
istered in said city whether or not the petition is
signed by the requisite number of qualified voters as
hereinl)efore i)rovided. The petition shall remain
on file at the office of the Chairman of the County
Board of Election Commissioners, and any citizen
may procure a copy thereof on paying the expense
necessary to preparing the same; and, within thirty
days from the date of the filing of such petition, any
citizen may appear before the Board of Election
Commissioners and show by competent evidence that
the names of parties signing the petition should be
stricken therefrom on the ground that they are not
duly qualified and registered voters of said city.
After the lapse of thirty days from the filing of said
petition, the Board of Election Commissioners of
said county shall attach to said petition their certifi-
cate showing the result of said examination. In the
event the petition shall be deemed sufficient by said
Board of Election Commissioners, it shall be its dut}^
to fix a date for holding said election, not less than
thirty (30) days nor more than ninety (90) days
from the date of the certificate of the County Board
of Election Commissioners that a sufficient petition
is filed.
If by the certificate of the County Board of Elec-
tion Commissioners the petition is shown to be in-
sufficient, it may be amended within ten (10) days
from the date of said certificate; and the Board of
Election Commissioners shall, within ten (10) days
after such amendment, make like examination of the-
amended petition; and if the certificate of the Board
—29—
shall show the same to be insufficient, it shall he re-
turned to the person filing the same, without preju-
dice, however, to the filing of a new petition to the
same effect.
In the event a sufficient petition is filed as herein
provided for, the County Board of Election Com-
missioners shall give notice and make all arrange-
ments for holding such election; and the same shall
be conducted, returned, and the result thereof de
clared, as provided by law in the case of a general
city election. The provisions of the general election
laws applicable to the holding of a general city elec-
tion in said city shall in all things be applicable to
the holding of recall elections as herein provided.
The successor of any officer removed from office
shall hold office during the unexpired term of his
predecessor, and any person sought to be removed
may be a candidate to succeed himself; and unless
he in writing otherwise request, it shall be the duty
of the officials holding the election to place his name
on the official ballot without nomination.
In any such removal election the candidate receiv-
ing the highest number of votes for that office shall
be declared elected ; and if at such election some oth-
er person other than the incumbent receive the high-
est number of votes, the incumbent shall thereupon
be deemed removed from the office upon the quali-
fication of his successor.
In case the party who receives the highest num-
ber of votes should fail to qualify within ten (10)
days after receiving notification of election, the office
shall be deemed vacant; but if the incumbent re-
ceives the highest number of votes in such election,
he shall continue in office.
This method of removal shall be cumulative and
additional to the methods that are now or may here-
after be prescribed by law for the malfeasance, mis-
feasance, or nonfeasance of public officers.
No official required by this Act to be elected by the
people shall have any petition filed against him with-
in a period of six (6) months from the date when
he is inducted into office; and if the provisions of
this Act are invoked against any official and the ma-
jority of the voters in the removal election voting on
—30—
said question vote to retain said official in office, such
official shall not as^ain be subject to removal under
the provisions of this Act until after the expiration
of twelve (12) months from the date of the aforesaid
removal election.
City Court. ^^Ec. 33. Be it further enacted, That there shall be
a Judge of the City Court, who shall be nominated
at the primary election and elected at the general
election as provided in this Act, and his term of of-
fice shall be four years from the date of his election.
Said .Judge shall be a qualified voter of the terri-
judge-quaiifi- tory embraced within the corporate limits of said
cations. ^^y jpQj. ^^ least five (5) years immediately prior to
his appointment, and shall not be less than thirty
(30) years of age at the time thereof. Before en-
tering upon the execution of the duties of his office
he shall take and subscribe to the following oath:
"I do solemnly swear that I will support the Con-
stitution of the United States and of the State of
Tennessee, and that I will faithfully and impartially
perform the duties of my office without fear or fa-
vor. So help me God."
cit Court- ^^^^ Judge of the City Court shall have the power
jurisdiction, and exercise the functions of and have concurrent ju-
powers. risdiction with Justices of the Peace. He shall have
the exclusive power to impose fines for the breach of
any city ordinance and to pardon and release per-
sons convicted b}'^ him under city ordinances. In case
of his absence or inability, or of any vacancy existing
in his office for any reason whatsoever, any Justice
of the Peace of said coimty may hold said court,
which shall hereafter be known by the name of the
"City Court," and all process shall be issued in the
name of the State of Tennessee.
The Judge of the City Court shall have power to
issue subpoenas to compel the attendance of wit-
nesses; and in the event any witness so subpoenaed
shall fail to attend, the said Judge of the City Court
may compel his attendance by attachment. All such
subpoenas shall be attested by the Clerk of the City
Court, and may be served by any police officer of said
city. Said Judge of the City Court shall haVe pow-
er to appoint his Clerk, who shall hold his office at
the pleasure of said Judge. The Judge of the City
— oL —
Court shall have power to punish any person for
any contempt committed in the presence of the conrt;
but in no such case shall the punishment exceed the
imposition of a tine of fift}^ dollars ($50), in default
of the payment of which fine the party guilty of any
such contempt may be imprisoned by the Judge of
the City Court for a period not exceeding ten (10)
days. The Judge of the City Court is hereby au-
thorized and empowered to promulgate rules and
regulations for the government of the City Court, to
fix the times at which said court shall meet, and pre-
scribe the sessions at which all persons within the
jurisdiction of said court are to have their cases set
for trial.
No appeal shall be from the judgment of the City Appeals ou
Court rendered in the exercise of the jurisdiction of ovefTio"*
that court over all violations of municipal ordi-
nances, unless the judgment be for a fine of more
than ten dollars ($10) and costs; but in all such
cases as are herein specified the judgment of said
court shall be final and conclusive.
Sec. 34. Be it further enacted, That it shall be the cvn service
duty of said Board of Commissioners of said city to ruies-board.
make rules and regulations for the government of the
Police, Fire, Waterworks, and Lighting Depart-
ments of said cit}^ which are hereby placed under
civil service rules. The said Board shall punish by
dismissal from office or otherwise any official or em-
ployee placed under civil service by this Act, except
common laborers, for any otfense committed by them.
No official or employee placed under civil service by
this Act, except common laborers, shall be punished
except after a trial and conviction by said Board of
Commissioners upon a written charge or charges, chareesm
and a copy of said charges shall be furnished the '""""s-
accused at least five (5) days prior to such trial or
hearing. Said charge or charges shall plainly and
specifically set forth the offense or oifenses charged,
and shall he recorded by said Board in a journal kept
for that purpose. No such official or employee shall
be tried or punished for a political or religious be- roiuicai or
lief or practice. For the purpose of investigating affiiS^ns.
the conduct of any such official or employee, said
Board shall have the power to administer oaths and
—32—
affinnations, to issue siibpamas compellin*^ the at-
tendance of witnesses, the production of books, pa-
pers, and otlier documentary evidence, and to pun-
ish by co?itcin])t proceed in.i^s any person failin,i;- or re-
fusing to answer or ol)ey said summons or to give
or produce testimony ])efore said Board of Com-
missioners. Said Board shall have the power to fine
and imprison all persons guilty of such contempt.
All punishments inflicted by said Board shall be en-
tered in a journal kept for that purpose; and in the
event any such official or employee shall be dismissed
I'rom office or reduced in rank, the Board of Commis-
sioners shall thereupon appoint some other suitable
person to fill said vacancies.
Quorum. Tlircc mcmbcrs of the Board shall constitute a quo-
rum for the transaction of all business, but three
votes shall be required to exercise the powers here-
in vested in said Board.
Journal kept. Tlic clcrk of tlic Board shall, in a book especially
prepared for that purpose, keep the minutes of said
Board when acting under this section, and therein
note all of its proceedings in an orderly manner.
Examinations. Said Board of Commissioners shall, on the first
Monday in April and October of each year, or oftener
if it shall be deemed necessary, under such rules and
regulations as may be prescribed by it, hold exami-
nations for the purpose of determining the qualifi-
cations of applicants for positions under the civil
service, which examinations shall be practical, and
shall thoroughly test the fitness of the persons ex-
amined to discharge the duties of the positions to
which they seek to be appointed. As soon as possi-
ble after such examination or examinations, the
Board shall certify to its clerk double the number of
persons necessary to fill vacancies who, according
to its records, have the highest standing for the po-
sitions they seek to fill as a result of such examina-
tions, and all vacancies which occur that come un-
der the civil service rules prior to the date of the
next regular examination shall be filled from said list
so certified by the Board; provided, however, that
should any list for any cause be reduced to less than
three (3) for any division of the civil service, then
the Board, or the Commissioner in charge of the par-
Meetings.
—33—
ticular department, may temporarily fill such va-
cancy, but not to exceed thirty (30) days; provided,
further, that the Chief of the Police Department, the
Chief of the Fire Department, the Superintendent of
the Waterworks Department, and the Superintend-
ent of the Lightina^ Department of said city may per-
emptorily suspend for not to exceed thirty (30) days
any subordinate or employee then under his direc-
tion for neglect of duty or disobedience of his or-
ders, but shall, within twenty-four (24) hours there-
after, report in writing such suspension and the rea-
son thereof to the Commissioner in charge of his
department, who shall thereupon confirm or revoke
such suspension according to the facts. Such sus-
pended employee, or the Chief or Superintendent
suspending him may, within five (5) days of such
ruling, appeal therefrom to the Board of Commis-
sioners, who shall fully hear and determine the mat-
ter, and their conclusions in the premises shall be
final; provided, hoiuev-er, that the duty and author-
ity above conferred on the Board of Commissioners, mciudes
with reference to the Police, Fire, Waterworks, and "" °"'
Lighting Departments of said city, be, and the same
is hereby, extended so as to include and embrace
the office of Secretary of the Board of Commission-
ers, the office of Superintendent of the Scavenger
Department, the office of Superintendent of the
Street Department, the office of Superintendent of the
Steward Department of the City Hospital, the office
of Superintendent of the Sprinkling Department and
Keeper of the Workhouse, the office of the City En-
gineer, the office of Inspector of Marketing, the City
Prescriptionist and Assistant City Prescriptionist,
and the City Health Officer; and that said officers be
placed under the supervision of said Board of Com-
missioners as to punishment and discharge for cause ;
that none of said officers shall be punished or dis-
missed from office, except after a trial and convic-
tion by said Board of Commissioners in the form and
manner and under the method of procedure above
provided ; and that any and all dismissals from office
or reduction in rank shall be filled by the Board of
Commissioners, who shall thereupon appoint some
other suitable persons to fill said vacancies.
—34-
Inquisitorial
powers.
Metropolitan
police.
Said Board of Commissioners shall have inquisito-
rial powers over all of the officials and employees
hereby placed under civil service rules and regula-
tions, and may prefer charges against them of their
o^vn motion.
Sec. 35. Be it further enacted, That the police
force of said city shall be known and designated as
the ** Metropolitan Police." It is hereby made the
duty of the metropolitan police force, at all times
of the day and night, and the members thereof are
accordingly herel^y thereunto appointed, to especial-
ly preserve the public peace, prevent crime, detect
and arrest offenders, suppress riots, protect the
rights of persons and property, guard the public
health, preserve order at elections, see that nuis-
ances are removed, and restrain disorderly houses,
houses of ill fame, and gambling houses; to assist,
advise, and protect strangers and travelers in the
public streets, at steamboat landings, or at railroad
stations; to enforce every law of the State and or-
dinance of the city relating to the suppression and
punishment of crime, or to the public health, or to dis-
orderly persons. The members of the police force
shall have power and authority to immediately ar-
rest without warrant and take into custody any per-
son "who shall commit, threaten, or attempt to com-
mit, in the presence of such officer or within his view,
any breach of the peace or offense directly prohib-
ited by Act of the Legislature or by any ordinance
of the city; but such member of the police force shall,
immediately and without delay, upon such arrest,
convey in person such offender before the proper
officers, that he may be dealt with according to law ;
and the officer making such arrest shall at once, with-
out delay, report the arrest and the alleged cause to
his superior officer. Every person committed to the
workhouse shall be required to work for the city at
such labor as his health and strength "will permit, not
exceeding ten (10) hours each day; and for such
work and labor the person so employed shall be al-
lowed, exclusive of his board, credit upon such fine
and costs at the amount of seventy-five cents per day
until the whole is discharged, -when he shall be re-
leased. No person shall be imprisoned in the -work-
—35—
house or compelled to work longer than three (3)
months for any one offense.
The metropolitan police force of said city shall
possess all the common law and statutory powers of
constables, except for the service of civil process;
and every warrant for search or arrest by the Judge
of the City Court may be executed by any member
of the metropolitan police force. One of the mem-
bers of the metropolitan police force of said city
serving as a sanitary inspector shall be designated
as the "Sanitary Disinf ector, " whose compensation sanitary
shall be fixed by said Board of Commissioners. The ^'""^ ^''^°'^'
said Sanitary Disinf ector shall continue to be a mem-
ber of the metropolitan police force, shall be ap-
pointed as other sanitary inspectors are appointed,
and shall be governed by the same rules and regu-
lations as govern other sanitary inspectors serving
in the Health Departm^ent of said city.
Sec. 36. Be it further enacted, That all property ^ — Assessments
real, personal, and mixed — which is subject to State p°oplrt^yr
taxes shall be assessed and listed for taxation in the privileges.
name of the owner or reputed owners alphabetically
for the entire city. The assessment shall be made
under the laws for which such property is assessed
for State and county purposes, except as herein mod-
ified, by the Commissioner of Finance, Lights, and commissioner
Market House, or by a subordinate official to be nom- Tax AsseTsor.
inated by any of said Commissioners and confirmed
by the Board of Commissioners. The official assess-
ing property for city taxes shall have the same pow-
ers as are conferred by law upon assessors of State
and county taxes. The Board of Commissioners
of said city is empowered to provide by ordinances
for correction of erroneous assessments and for any ^irroneous
defects in the assessments ; and said Board shall have assessments.
the power to grant reductions of assessments, but
not for a longer term than three (3) years prior to
the application for reduction. Privilege taxes vshall
be assessed and collected as may be provided by city
ordinance, but no tax shall be laid or collected on
any privilege which is not declared to be taxable by
the laws of the State, and the tax so collected shall
not be higher than that provided for by the laws of
the State. Taxes on property and privileges shall
• —SB-
become due and payable to such officers and at such
times as the Board of Commissioners may by ordi-
nance designate. In order to enforce collections of
Collection. taxes on property or privileges when due, the Board
of Commissioners is hereby empowered by ordinance
to affix a penalty to be paid by the taxpayer in addi-
tion to the legal rate of interest for the nonpayment
Interest. of such taxcs when due, such penalty not to be great-
er than six per cent (6%) on the amount due by said
taxpayer and to be paid into the city treasury as
"""Jf'Sncr other city taxes are. The Commissioner of Finance,
Taxcouec- j^jgh^s, aud Market House, or those officials nomi-
nated by said Commissioner and approved by the
Board of Commissioners to collect taxes on property
and privileges in said city, shall have power to issue
distress warrants and alias and pluries distress war-
Distress rants in the name of the State of Tennessee to en-
warrants. ^^^.^q collectious of tlie Same ; and such warrants,
when issued, may be executed by the Sheriff, Deputy
Sheriff, or a Constable of the county in which said
city is located. For each return of nulla bona on
said warrant there shall be a fee of twenty-five (25)
cents, to be taxed in the costs; and for each collec-
tion made under such warrant there shall be the
same fees as for collecting under execution at law,
which shall be paid by the delinquent taxpayer.
Omitted assess- Omitted taxcs on property and privileges may be
™*"'*- assessed by the Commissioner of Finance, Lights,
and Market House, or the official designated by him
for that purpose, and approved by the Board of Com-
missioners, for a period running back not longer
than three (3) years, including the current year.
Assessed taxes on realty shall be and remain a lien
on the property until the same are paid; and such
lien may, after return of nulla bona, be enforced as
other liens. Collectors shall not make sales of realty
and certify the same to the Circuit Court, but unpaid
taxes, after a return of nulla bona, shall be collected
Taxes collected either by a suit at law or in equity. Compensation
chanfeo- ^ud bouds of asscssors and collectors shall be regu-
^''"'■' lated by city ordinance.
Health S^^- 2^- ^^ ^^ further enacted, That there is here-
Department. jgy created aud established a subordinate department,
to be known as the "Health Department," to be un-
—37—
der the supervision and control of the Department
of Public Affairs, Police, and Health, as hereinbe-
fore created. The City Health Officer shall be nom-
inated by the Mayor and confirmed by the Board of
Commissioners. The City Health Officer shall be a
physician of good repute, and shall have at least ten
(10) years' experience as a physician, and shall de-
vote his entire time to the duties of the office. The
Commissioner of Public Affairs, Police, and Health
is authorized and empowered to make the rules and
regulations for said Health Department, or to au-
thorize the City Health Officer to make such rules
and regulations ; but before becoming effective in ei-
ther event, they shall be submitted to and approved
by the Board of Commissioners by ordinance.
Sec. 38. Be it further enacted, That there shall be
a Board of Education, composed of nine (9) mem-^Ed'^''^
ucation-
duties.
bers, who shall have been bona fide residents of the
territory embraced within the corporate limits of
said city at least five (5) years immediately preced-
ing their appointment, and who shall not be less than
thirty (30) years of age, and who shall serve with-
out compensation. The members of the Board of
Education may be nominated by any member of the
Board of Commissioners, but no person shall be
elected to said Board unless he receive a majority
vote of the whole number of the Board of Commis-
sioners. Said members of the Board of Education
shall hold office until their successors are elected
and qualified; and before entering on the duties of
his office, each member of said Board shall take and
subscribe to the following oath:
"I do solemnly swear that I will support the Con- oath,
stitution of the United States and of the State of
Tennessee, and that I will faithfully and impartially
discharge the duties of this office, and that the only
considerations that shall influence me in the selec-
tion of teachers and other employees of the depart-
ment shall be their fitness for the position and the
welfare of the city ; and I am in favor of the public-
school system."
The Board of Education shall select from its num- Rules.
ber a Chairman, who shall preside at all meetings of
said Board, and five (5) members of said Board shall "^eSd"
M
—38-
Expenditures.
School rules.
=tate and
county
school tax.
Park Com-
missioners.
Term — qualifi-
cation.
Election.
constitute a quorimi for the transaction of all busi-
ness. The Board of Education of said city is here-
by authorized and empowered to adopt rules and reg-
ulations for the .i^'overnment of the public schools of
said city, including- plans of instruction and organi-
zation, the power to employ all persons necessary
for the proper conduct of the public schools, and to
fix their salaries and compensation, but between lim-
its to be prescribed by ordinance duly enacted by the
Board of Commissioners of said city, and to make all
expenditures within their budget that shall cost less
than five hundred dollars ($500) for any single ex-
penditure; but in all cases when the estimated cost
of any single expenditure, except salaries, exceeds
five hundred dollars ($500), it shall transmit to the
Board of Commissioners of said city, with its recom-
mendations, an ordinance to authorize such expendi-
tures, with an estimate of the cost; provided, how-
ever, that all rules and regulations adopted and pro-
mulgated by said Board of Education for the govern-
ment and control of the public schools of said city
shall, before becoming effective, be submitted to the
Board of Commissioners and approved by that
Board; and no alteration or change shall be made
in such rules and regulations after approval by the
Board of Commissioners, unless the consent of that
Board is first had and obtained.
The share of the State and county school fund to
which the citizens of said city is entitled shall be paid
over by the County Trustee to the said Commissioner
of Finance, Lights, and Market House, to be used
for the public-school system of said city and for no
other purpose.
Sec. 39. Be it further enacted:
1. That there shall be a Board of Park Commis-
sioners of the city of Nashville, composed of five
members, who shall have been bona fide residents
and citizens of said city for at least five years prior
to their becoming members of said Board; and the
term of office of each of the five members of said
Board shall be five years from the first day of May
of the year he becomes a member of said Board, or
until his successor shall have been selected and qual-
ified ; and upon a vacancy by resignation, death, ex-
—39—
piration of the term of office, or otherwise, of any
member of said Board, his successor shall be se-
lected b}^ the remaining members of said Board of
Park Commissioners, subject to the approval of a
majority of the Board of Commissioners of said city;
provided, this Act shall in no wise be construed as
changing or interfering in any manner with the term
of office, status, or personnel of the present mem-
bers of the Board of Park Commissioners of said
city, who, until the expiration of their present terms,
or until vacanc.y otherwise earlier occurring, shall
continue, according to their present terms and status,
to act as members of the Board of Park Commission-
ers of said city under the provisions of this Act.
2. The members of said Board shall devote such
time and attention to the duties of their office as the pentluo"'
efficient performance thereof may demand and re-
quire, and their services shall be without compensa-
tion. Each member appointed or selected to serve
upon said Board, before proceeding upon the duties
of his office, shall qualify by taking and subscribing
the following oath :
"I do solemnly swear that I will support the Con-^^^j^
stitution of the United States and the Constitution
of the State of Tennessee, and will faithfully and
impartially perform and discharge the duties of this
office. ' '
And, in addition thereto, shall execute a bond, pay- ^^^^^ p^^^
able to the city of Nashville, in the sum of ten thou- commission-
sand dollars ($10,000), conditioned that he will faith-
fully perform all duties incumbent upon him as a
member of said Board, which bond shall be approved
by and deposited with the Board of Commissioners
of said city. The members of said Board of Park
Commissioners shall, immediately upon their ap-
pointment and qualification, as above provided, or-
ganize by selecting one of their number as Chair-
man, and by the election of a Secretary, who need
not be a member of the Board. The term of office
of the Chairman and Secretary shall each be one
year, but they may be reelected to any number of
successive terms. The salary of the Secretary shall
be fixed by said Board of Park Commissioners, and
his duties shall be prescribed by said Board.
I'roperty-how '^- '^^^^^t whenever^ in the opinion of said Board of
bought. Park Oommissione;'s, property within/or near said
city sliall be need'ed for any park ypurposes, said
Board may acqim'e the same by pm'chase, or may
proceed to condemn the same; and the proceedings
for such condemnation shall be under the provisions
of, and as prescribed by, Sections 1326 to 1348, m^\/f^.'
IV (\ elusive, of the Code of Tennessee, the same being ^
r\^\j y Sections 1844 to 18G7, inclusive, of Shannon's Com-
W iX pilation of the Laws of Tennessee. The said Board
rj shall be authorized to establish one or more parks
\ in such locality or localities as they deem in
their discretion best for the interest of said city.
The title to all property acquired for park pur-
poses by gift, devise, or condemnation shall rest
in the City of Nashville; but the legal title to all
Title property acquired by said Board of Park Commis-
sioners by purchase shall be taken in the name of
the Chairman of said Board of Park Commissioners
as trustee until fulh^ paid for; and the City of Nash-
ville shall in no wise be responsible for anj^ portion
of the purchase money agreed to be paid therefor,
except it agree by ordinance, duly enacted by the
Board of Conunissioners of said city, to purchase
said lands, whereupon said trustee shall immedi-
ately convey the same to the City of Nashville. Said
Board of Park Commissioners shall have full power
and authority to purchase any land deemed by them
suitable for park purposes, and to execute notes or
bonds therefor, with interest payable annually or
semiannuall}^ maturing at such time as may be
agreed upon, signed by the Chairman and Secretary
of said Board, and to secure the purchase money
due for the same by mortgage or vendor's lien upon
the property purchased, and may sell any portion
thereof not needed for park purposes by direction
of a majority of said Board of Park Commissioners,
and apply the proceeds of any property so sold to
Vendors lien, tlie payment of the mortgage or vendor's lien given
to secure the purchase money for the whole until said
mortgage or lien shall be fully satisfied, whereupon
any of said property remaining unsold shall imme-
diately be conveyed by said trustees to the said City
of Nashville.
4. That said Board of Park Commissioners, con- control.
stituted as aforesaid, shall have the care, manage-
ment, and custody of all parks and grounds used
for park purposes, and all such property as may
hereafter be acquired for park purposes by said
Board of Park Commissioners. The said Board of
Park Commissioners shall have power to receive
gifts, donations, or devises of land, or may accept
other property for park purposes; to lay out and
improve walks, drives, roads, tree planting, and oth-
er improvements to park or parks, and to enter into
all contracts for the same; protect all property and
improvements belonging to or pertaining to said
parks, or under their management or control, from
injury or decay ^ to adopt rules and ordinances reg-Ruies-
ulating the reas6nable and proper use of, preventing
injury to and misuse of all parks, walks, walkways,
and park property generally ; and to prevent disorder
and improper conduct within the precincts of the
park or inclosure, and providing punishment there-
for, or for the infraction of the rules adopted by said
Board of Park Commissioners ; and the police power ^^^.^^
of the city in or adjacent to which the said park or
parks may be situated shall extend over such park
property or properties of every kind as the same is
or shall be acquired ; and all violations of such rules
and ordinances adopted by said Board of Park Com-
missioners, and all other misdemeanors and offenses
committed within any park property or precinct, may
be punished by the City Court of said city upon com-
plaint and proceedings as provided by law in cases
of misdemeanor and violations of city ordinances.
The said Board of Commissioners, and their agents
and employees, will have the power to make arrests
for misdemeanors committed within any park pre-
cinct or any violation of any of the park rules or
ordinances.
5. That the Board of Park Commissioners shall pa^k
have exclusive power to employ and pay such su- employees.
perintendents, employees, and other persons as it
may deem necessary for maintaining, improving, and
controlling all park property; and it shall have au- iH:xpenditures.
thority to make any other expenditures for park pur-
poses within its funds and its powers as defined here-
42—
Budget.
Park tax.
■J-i'
Accounts
kept— by
whom.'
Vouchers.
Park funds.
in. Said r>oard of Park Commissioners shall, each
year prior to the makinjf^ of the annual levy of taxes
by the Board of Commissioners of said city, prepare
and submit to the Board of Commissioners an esti-
mate of the amount of money which shall be required
for the purchase, maintenance, and improvement of
park property for the succeeding year, beginning
January first, which estimate shall set forth the items
of expense as accurately as possible; and it shall b
the duty of the Board of Commissioners of said city,
in its annual levy of taxes, to make such special levy
for park purposes, separate and distinct from its
levy for ordinary municipal purposes, of a tax of
not less than ten cents on the one hundred dollars
of the value for assessment within said city as shall.
be necessarj^ to meet the expenditures contemplated
in said estimate of the Board of Park Commission-
ers; and the amount so levied shall be collected and
carried to the credit of the Board of Park Commis-
sioners, an d sh all not be diverted therefrom"^" and the
same shall remain a separate and distinct park fund
in the hands of the Commissioner of Finance, Lights,
and Market House of said city. '''All expenditures on
account of this fund shall be made upon vouchers ap-
proved by the Park Commissioners through its
Chairman and Secretary, which vouchers shallsjvhen
accompanied by detailed statements of such expen-
ditures J be payable on presentation at the revenue
office of said city. All funds arising from any source
which are to be devoted to or used for the purchase,
maintenance, and betterment of the public parks
owned or controlled by said city, shall be paid from
time to time to the Commissioner of Finance, Lights,
and Market House, and a separate account thereof
kept. The Park Commission, through its proper offi-
cials, shall be authorized to draw from time to time
upon said funds ; and it shall be the duty of the Com-
missioner of Finance, Lights, and Market House to
pay such checks whenever drawn, so long as there is
a balance to the credit of the account of public parks ;
but the money so drawn shall be used to purchase,
repair, improve, and maintain the public parks in
and near the city of Nashville under the management
of said Board of Park Commissioners. .
"/- ' . N .■ V,..., ^f hU'
IT
K
/f ' '
\
A
—43—
6. That the Board of Park Commissioners shall Records-
keep accurate records and books of account, and '^^p°'^'^
shall make a report to the Board of Commissioners
of said city during the month of December of each
year, showing the amounts received, from what
source, how expended, with such explanations and
recommendations as may be deemed to the best in-
terest of the public parks. ^y
Books of account of said Board and of all officers B^oks of "^"^P^
thereof shall at all times be open to the inspection account.^^/^
and examination of the Board of Commissioners of
said city or any accountant designated by the Board
of Commissioners of said city to make the examina-
tion.
7. That the Board of Commissioners of said city special pouce.
may, from time to time, upon application therefor,
made by the Board of Park Commissioners, provide
by ordinance for special park police, the same to be
under the control of the Board of Park Commission-
ers.
8. That the term ''park property" as used in this park property.
Act shall include all parks and areas of land within
the management of said Board of Park Commission-
ers, and all buildings, structures, and improvements
thereon of every kind and character whatever.
Sec. 40. Be it further enacted, That there shall be Humane com-
TT r^ ' • 1 i? j5 /r\ tnissioners—
a Humane Commission, composed ot live (5) mem- animals, ju-
bers, who shall have been bona fide residents and cit- "^'^'''^'°"-
izens of said city at least five (5) j^ears prior to their
appointment, and who shall serve without compen-
sation. Members of the Humane Commission may
be nominated by any member of said Board of Com-
missioners, but no person shall be qualified to act as
a member of said Humane Commission unless elected
by a majority vote of said Board of Commissioners. Rules.
Said Humane Commission shall have power and au-
thority to make all rules and regulations for its gov-
ernment, and to adopt bj-laws to fulfill the purpose
of its existence; but all such rules, regulations, and
by-laws shall not be effective until approved by the
Board of Commissioners of said city.
It shall be the duty of said Humane Commission
• Duties
diligently and vigilantly to observe the faithful exe-
cution of all ordinances, by-laws, and measures of
officers.
—44—
said city enacted by the Board of Coinmissioners of
said city or by said Humane Commission for the pur-
pose of proliibitino- and restraining and punishing
Mayor. sail- the cruel aud inliunian treatment of children and an-
ii.urityuvcr. jjjj^ig. ^^^ to the end that the work of the Plumane
Commission may be the more efficiently accomplished,
upon request of the chairman of said Humane Com-
mission, it shall be the duty of said Commissioner
of Public Affairs, Police, and Health to assign for
special work, under the control and direction of the
Humane Humaue Comniissiou, members of the metropolitan
police force ; or said Humane Commission may, and
it is hereby authorized to, employ such number of
persons as it may deem necessary and advisable for
the purpose of enforcing all ordinances, by-laws, and
measures within its jurisdiction; and the persons so
employed by said Humane Commission shall have
all the powers heretofore conferred by this Act on
members of the metropolitan police force of said
city. Said Humane Commission is further author-
ized and empowered to employ such number of per-
sons as it may deem necessary for service other than
police services, and to fix the compensation of its po-
lice and other employees, but between limits to be
approved by the Board of Commissioners of said
city.
All moneys derived from fines assessed on convic-
tions for violations of ordinances, by-laws, and meas-
ures enacted and intended for the prevention of cruel
and inhuman treatment of children and animals
shall be paid directly to the Humane Commission,
and shall be used exclusively for the purposes of said
Commission. All property acquired by said Hu-
mane Commission by gift, devise, or otherwise, shall
remain under its exclusive .iurisdiction and control ;
and the Board of Commissioners of said city is here-
by authorized and empowered to make provision in
its annual levy of taxes for meeting the financial
needs of said Board, and raising revenue for such
purposes is hereby declared an ordinary purpose
within the meaning of this Act, and shall be so con-
sidered by said Board of Commissioners.
No money shall be drawn from the fund herein
provided for the Humane Commission, except on
Property.
Vouchers.
—45—
vouchers drawn on said fund and signed by the
Chairman of said Board and the Secretary thereof;
and all expenditures exceeding five hundred dollars Humane
($500) shall cTnly be made upon an ordinance, signed ^''^''" ''"'^^'''
by the chairman of said Humane Commission and
passed by the Board of Commissioners of said city
in the manner herein provided by law for the pass-
age of other ordinances. It shall be the duty of said Reports.
Humane Commission to make quarterly reports to
the Board of Commissioners of said city, which shall
contain a full and detailed account of all their acts
and doings, their recommendations for the enact-
ment of such further ordinances as will further and
advance the purposes for which said Board is cre-
ated, together with a complete and itemized account
of all receipts and disbursements.
Sec. 41. Be it further enacted, That in said city Hospital com-
there shall be a Board to be known as the "Board of ^'ssioners.
Hospital Commissioners," said Board to consist of
five (5) members, who shall at the time of their elec-
tion have been citizens of the territory embraced
within the corporate limits of said city for five (5)
years prior to the time of their election.
No member of said Board shall be a physician or
surgeon, but all shall be nonmedical men. The mem-
bers of the Board of Hospital Commissioners may
be nominated by any member of the Board of Com-
missioners of said city, but no person shall qualify
and enter upon the performance of his duties as a
member of the Board of Hospital Commissioners
unless elected by a majority vote of the Board of
Commissioners of said city.
Before entering upon the performance of their du-
ties as Hospital Commissioners, each member of said
Board shall take and subscribe to an oath that he^^^^^
will support the Constitution of the United States
and of the State of Tennessee, and will faithfully
strive to obey and carry into effect the duties im-
posed upon him by law. Each member of said Board Bonds.
shall likewise execute a bond, in such sum as may be
prescribed by the Board of Commissioners of said
city, that he will faithfully and truly perform the
duties imposed upon him by law. No compensation
shall be received by any member of said Board of
—46-
Removed for
cause.
Superintend-
ent and
employees.
Salaries.
Under civil
service.
liospital Commissioners for any services performed
by him as such Commissioner; and each member of
said Board shall serve during ^ood behavior, and
until his successor is elected and qualified by the
Board of Commissioners of said city. The present
members of the Board of Hospital Commissioners
shall constitute the first Board of Hospital Commis-
sioners, and shall serve during good behavior, and
shall be removed by the Board of Commissioners of
said city only for cause after due notice and hearing.
It shall be the duty of the Board of Hospital Com-
missioners, and it is hereby authorized and empow-
ered, to make all rules and regulations for the or-
ganization of said Board and all rules and regula-
tions for the control and regulation of such hospital
or hospitals.
The Board of Hospital Commissioners is herebj-
authorized and empowered to employ a Superintend-
ent and Surgeon for each hospital, and all other em-
ployees, and to fix their compensation; but no per-
son shall be eligible to the office of Superintendent
and Surgeon in charge of any hospital or hospitals
unless he shall be a physician of reputable charac-
ter in his profession, a graduate in medicine of skill
and culture, who shall have had at least five (5)
years' experience in the practice of his profession
prior to the date of his election, two (2) years of
which shall have been spent by him in some reputa-
ble hospital.
No Superintendent and Surgeon in charge of any
hospital shall be removed from office except for cause
on due notice and hearing by the Board of Hospital
Commissicrhers ; and in the event of his removal by
said Board, he shall have the right within ten days
to appeal for a rehearing of his case to the Board of
Hospital Commissioners. All the Superintendents
and Surgeons in charge of hospitals of said city when
this Act becomes effective shall continue to remain
in charge thereof and discharge their duty until re-
moved as provided for in this Act.
All nurses, attendants, and other medical employ-
ees shall be employed by the Superintendent and
Surgeon in charge, and their compensation fixed by
—47—
him, but between limits prescribed by the Board of
Hospital Commissioners.
The medical staff of said hospital or hospitals
shall be selected in such manner and imder such reg-
ulations as the Board of Hospital Commissioners
may determine. The Superintendent and Surgeon
in charge shall make all rules and regulations of a
medical and surgical character for the administra-
tion of the hospital or hospitals to which such staff
is assigned for service; but all such rules and regu-
lations, before becoming operative, shall be approved
by the Board of Hospital Commissioners.
No member of the medical staff of said hospital Medical staff.
or hospitals shall receive any compensation for his
services as such a member. The Superintendent and
Surgeon assigned by the Board of Hospital Com-
missioners to conduct the surgical and medical work
of the institution is hereby authorized and empow-
ered, and it shall be his duty, to provide for the se-
lection and appointment of internes at such institu- ^^^^^^^^^
tion; and he shall have complete jurisdiction and
control over all the medical and surgical work of the
institution, subject to the rules and regulations
adopted by the Board of Hospital Commissioners.
It shall be the duty of the Hospital Commissioners
to submit to the Board of Commissioners of said city
quarterly reports in writing, which shall set out in Reports made
full the collections and disbursements made on ac- quarterly.
count of the hospital during such quarter, and which
shall contain the monthly reports during the quarter
by the Superintendent and Surgeon in charge.
All money collected from private or pay patients
•*-.•-*■ Pav patients
at the City Hospital, as well as from clinical fees,
which may be charged the students of the various
medical schools of said city as fixed by the rules and
regulations of the Board of Hospital Commission-
ers, and all other revenues derived from operation
and conduct of the hospital, shall be paid to the City separate
Treasurer of said city, who shall keep the same sep- ^'='^°""'-
arate from the other revenues of the city and to the
credit of the Hospital Department, and said money
so collected shall be used for the maintenance of said
hospital or hospitals in addition to the amount set
—48-
BuHRCt.
Ho!<pttal tax.
Vouchers
signed.
Expenditure
under $150.
Expenditure
over $500.
aside in the yearly budget by the Board of Commis-
sioners for hospital purposes.
The Board of Commissioners of said city is hereby
authorized and empowered to include in the annual
levy of taxes for said city a special hospital tax of
one- third of one mill on each dollars' worth of prop-
erty assessed for city taxation, and the money thus
levied shall constitute a special fund with which to
operate the affairs of the hospital as provided by
this Act; provided, however, that the Board of Com-
missioners of said city shall have power to include
in the yearly budget money over and above that real-
ized from the special tax herein authorized in the
event said tax is levied and collected, and to appro-
priate such surplus money for the maintenance and
conduct of such hospitals.
The Board of Hospital Commissioners shall have
exclusive power and authority to make all expendi-
tures out of the money appropriated for the conduct
and maintenance of the hospital as herein provided,
and such expenditures shall be made by vouchers
signed by the Chairman of said Board of Hospital
Commissioners, and, upon presentation to the Com-
missioner of Finance, Lights, and Market House,
shall be paid by him and charged to the Hospital De-
partment; but the Board of Hospital Commission-
ers, if it so elects, is hereby authorized by resolu-
tion to empower the Superintendent and Surgeon in
charge of such hospital to make expenditure for the
hospital not to exceed the sum of one hundred and
fifty dollars ($150), and a detailed account of such
expenditures, if so made, shall be furnished by the
Superintendent and Surgeon to the Board of Hos-
pital Commissioners at its regular monthly meeting.
If any expenditures on account of the hospital
shall amount to five hundred dollars ($500) or more,
it shall be the duty of the Board of Hospital Com-
missioners, before making such expenditure, to ob-
tain the consent of the Board of Commissioners of
said city, which consent may be given by a resolution
passed at one meeting of such Board of Commission-
ers; and any expenditure in excess of five hundred
dollars ($500) made on account of the hospital, or
any liability or contract for such expenditure, unless
—49—
made as hereinbefore provided for, shall be illegal
and not binding on the Board of Hospital Commis-
sioners ; or if any such snm in excess of five hundred
dollars ($500) has been expended by said Board of
Hospital Commissioners, the same may be recovered
from the person or persons receiving the same in a
legal action to be instituted by the Board of Com-
missioners of said city ; or if the same cannot be re-
covered from the person or persons receiving the
same, then the members of the Board of Hospital
Commissioners assenting to such expenditure shall
be liable on their official bonds to the Board of Com-
missioners of said city. "^
Sec. 42. Be it further enacted:
1. That the Board of Commissioners of cities in-
cluded in and embraced by the caption of this Act ^eLforcmgL
shall have the power and authority to design, or ^oard.
cause to be designed, contract for, and execute, or
cause to be executed, the construction and improve-
ment or the reconstruction and reimprovement of
any street, avenue, alley, highway, or other public
place, by opening, extending, widening, grading, pav-
ing, macadamizing, curbing, guttering, or otherwise
improving the same, in such manner and with such
material or materials and with such culverts and
drains as the Board of Commissioners of such cities
may prescribe, and to cause two-thirds (2-3) of the
cost or expense of the aforesaid work and improve-
ments to be assessed against the property abutting
on said street, avenue, or alley or other public place
so improved,
2. That when the Board of Commissioners of such
cities shall determine to construct any improvement authorised"
authorized by the preceding subsection of this sec- ^°'' mance.
tion, two-thirds of the cost of which is to be assessed
against the property abutting on the street, highway,
avenue, alley, or other public place to be improved,
it shall adopt^an_ojdm that such improvement
or improvements shall be made, which ordinance
shall deseril)e the nature and extent of the work, the
character of the material or materials to be used, the
location and terminal points of the proposed im-
provements, and the streets, alleys, highways, or oth-
er public places, or part or parts thereof, on which
—50
Specifications
estimates,
etc., filed.
Remon
— heari
Notice of
hearing
Action.on
hearing
such improvements are to be marie, and which shall
direct that full details, drawing's, plans, specifica-
tions, and surveys of said work and estimates be pre-
pared or caused to be prepared by the Commissioner
of Streets, Sewers, and Sidewalks ; or the said Board
of Commissioners may adopt plans for such work
already prepared. Such details, drawings, plans,
specifications, and estimates shall, when completed,
be placed on file in the office of the Board of Com-
missioners or of the Commissioner of Streets, Sew-
ers, and Sidewalks, where the property owners who
may be affected by such improvement may see and
examine the same; and the said ordinance shall ap-
point a time when the Board of Commissioners of
said city shall meet, which shall not be less than two
(2) weeks after the date of the first publication of
s^^an^ce notice of said ordinance, to hear any objection or
remonstrance that may be made to said improve-
ment, the manner of making same, or the character
of the material to be used. Notice of the adoption of
such ordinance shall be given by publishing a notice
once a week for two (2) consecutive weeks in some
newspaper of daily circulation in said city. It shall
not be necessary to set out in full in such notice said
ordinance; but such notice shall state the character
of such improvement or improvements, the location
and terminal points thereof, and also the time and
place, not less than two weeks from the first pul>li-
cation of the notice, at which the Board of Commis-
sioners of said city shall meet to hear remonstrances
or protests against the making of such improvement
or improvements. At the time and place thus ap-
pointed the Board of Commissioners shall meet, and
at said meeting, or a time and place to which same
may be ad.iourned from time to time, all persons
whose property will be affected by such improvement
or improvements may appear in person or by attor-
ney, or by petition, and protest against the making
of such improvement or improvements, the manner
of making the same, or the material to be used ; and
the said Board of Commissioners shall consider such
objections and protests, if any, and may confirm,
amend, modify, or repeal such original ordinance.
3. In the event the Board of Commissioners of said
—51—
city confirm and adopt said ordinance, it shall be the ordinance
duty of said Board to construct the improvement
thus authorized, ^vhich may be done by contract with contract-
tKeTowest responsible bidder, in accordance with the h°^iet.
proVTSTOus'"T)f the charter of said city, or it may be
done by the employees of the Department of Streets,
SeW§fs7and Sidewalks, as said Board of Commis-
sioners mav__elect ; provided, however, that in case
saiTlvork is let to the lowest responsible bidder, all
bids submitted for the construction of such improve-
ment shall be accompanied by a certified check, or a
suitable bond, with at least two good and solvent
sureties who are citizens or residents of the city
where the improvement is to be made ; or, in lieu of
personal sureties, the bond of some surety company
authorized to do business in this State may be given
in a penal sum of at least ten per cent (10%) of the
entire cost of the Avork to be done or improvements
to be made, computed on the basis of the bids sub-
mitted, and conditioned that the contractors named
therein shall, in case said work is awarded to them,
enter into a contract with said city, within the time
required, and for the price named in their respective
bids, and in accordance with the plans and specifi-
cations for the improvement and the provisions of
the ordinance of the Board of Commissioners of said
city authorizing the improvements. Said Board of
Commissioners shall have the power to reject any
and all bids and to order new bids. The successful
bidder shall execute a bond to said citj" or town in an '^ b''ond'''°'^^
amount equal to twenty-five per cent {25^c) of the
entire contract price of such improvement, condi-
tioned that the parties shall well and truly perform
all the terms and conditions of the contract in a good
and workmanlike manner and in accordance with the
plans and specifications, which shall form a part of
said contract, and shall indemnify and save the city
harmless from all losses, costs, and expenses which
it may sustain by reason of any negligence of such
contractor.
4. That after the completion of the work or im-
provement, it shall be the duty of said Board of Coin-^°^^^^^^.^^^^
missioners, in conformity with the requirements of
said ordinance, to apportion two-thirds of the cost
—52—
Cost includes
what.
Cost paving
between
tracks.
of such improvement upon tlie land al)nttinj2^ the said
street, highway, avenue, or alley, which apportion-
ment shall be made ai^ainst said land and the several
lots or parcels thereof according to the frontage of
said lots or parcels on said street, highway, avenue,
or alley; provided, hoivever, that the aggregate or
total amount of the levy or assessment made upon
or against any lot or parcel of land shall not exceed
one-half of the assessed value of said lot for munici-
pal taxes for the current year ; and the city or town
shall pay any part of such levy or assessment upon
or against any such lot or parcel of land as may be
in excess of one-half of said assessed value thereof,
including the improvements thereon. The cost and
expense of the preliminary and other surveys and
the inspection and superintendence of such work, the
preparation of plans and specifications, the printing
and publishing of notices, resolutions, and ordinances
required, including notice of assessment, preparing
bonds, and any other expense necessary for the com-
pletion of such improvement, including the cost of the
improvement of any street in each street or alley in-
tersection, except the share to be assessed against
street railway companies, as herein provided, shall
be paid and borne by the Board of Commissioners
of such cities making such improvements ; and no cost
thereof shall be included or levied on the property
fronting on the street, highway, avenue, or alley
where the said improvements are made.
5. When any street, highway, avenue, or alley to
be improved in accordance with the pro^asions of
this Act has located therein the track or tracks of any
street railway or commercial railroad company which
had agreed to pave any portion of such street, high-
way, avenue, or alley, and by the terms of its said
agreement has the option of either doing said work
of paving in accordance with the plans and specifica-
tions prepared by said city or of permitting said
city to do said work at a price to be paid to said city
bj^ said company, it shall be the duty of said Board
of Commissioners to first ascertain if said company
desires itself to do its portion of said paving or de-
sires that the same shall be done by said Board of
Commissioners. If said company elects to have its
—53—
portion of said paving done by said Board of Com-
missioners at the same time the rest of said paving
is done, then, and before proceeding to apportion any
portion of the cost of said improvement upon any
of the lots or parcels of ground abutting on said
highway, said IBoard of Commissioners shall first
deduct from the total cost of said improvement the
amount that should be paid by such company. After
deducting the amount that is to be paid by such street
or commercial railroad company, said Board shall
next proceed to apportion two-thirds of the balance
of the cost of such improvement upon the land abut-
ting on such street, highway, avenue, or alley, as
hereinbefore and hereafter provided.
6. When said Board of Commissioners shall have
completed such apportionment as provided by this^ass«s4ent-
Act, it shall publish a notice that said assessment p™'^^*^"^-
list has been prepared, and that on a day named,
which shall not be less than ten (10) days from the
date of the first of said notices, the Board of Com-
missioners will consider any and all objections to
said apportionment that have been filed in its office
and with the clerk to the Board of Commissioners.
Said notices shall further recite that said assess-
ment lists are in the office of the clerk to the Board
of Commissioners, and may be inspected within busi-
ness hours and during the time specified by any one
interested. All persons whose property it is pro-^ostspro-
posed to assess for the cost of said improvement may rated^a^d*^
at any time on or before the date named in said no- assessed.
tices file in writing with the clerk to the Board of
Commissioners any objection or defenses to the pro- -
posed assessment against his property or to the
amount thereof. On the date named in said notices,
or at any day to which said meeting may be ad-
journed or to which consideration of said assess-
ments and the o1)jections thereto may he postponed,
said Board of Commissioners shall hear and con- ^^^^^^^^^.^^
sider said assessments and objections thereto, and, 'fi'na'i"^ '°°
after so doing, shall ratify, confirm, modify, or
amend said pro rata as shall be deemed right and
proper. If no objection to the pro rata or the amount
thereof is filed, or if the property owner fails to ap-
pear in person or by attorney and resist the same,
I,iens— order
of.
Confirmation
fixes costs.
Errors.
Errors do not
invalidate.
Assessments
due — how
paid.
tlie pro rata shall be confirmed and made final; and
property owners who do not file objection in writing
or protest against such assessment shall be held to
have consented to the same and forever barred to
attack the regularity, validity, or legality of such
assessment. Such confirmation and final action on
such assessment by the Board of Commissioners of
said city shall be done at a single meeting of that
body, and the provisions of this Act in reference to
the passage of ordinances on three separate readings
shall not be applicable to the action of said Board of
Commissioners in levying such assessments as afore-
said. All such assessments shall be and constitute
a lien on the respective lots or parcels of land upon
which they are levied, superior to all other liens, ex-
cept those of the State, county, and city for taxes.
The enforcement of the State, county, or city of its
lien for taxes on any lot or parcel of land upon which
has been levied an assessment for an}^ improvement
authorized by this Act shall not operate to discharge
or in any manner affect the city's lien for such as-
sessment; but a purchaser at a tax sale, whether by
the State, county, or city, of any lot or parcel of land
upon which said assessment has been levied, shall
take the same subject to the lien of such assessment;
and if bought bj^ the State, any conveyance of the
title thus acquired or any redemption shall be sub-
ject to the lien of such assessments; provided, Jioiv-
ever, that any error, mistake of name, number of lot,
description of the same, amount of assessment, or
any other irregularity whatever, may at any time be
corrected, and no such levy or assessment shall be
declared void or invalid by reason thereof; but the
person or persons aggrieved may have the same cor-
rected by application in writing to the Board of Com-
missioners of said city. If in any court of competent
jurisdiction any final assessment made in pursuance
of this Act is declared void, then the Board of Com-
missioners of said city maj'', upon recommendation
and notice, as required in the making of an original
assessment thereunder, make a new assessment in
accordance with the provisions of this Act.
7. All assessments levied by virtue of this Act
shall be due and payable within thirty (30) days after
— i3D—
the assessment is made final, as aforesaid; but at the
election of the property owner, to be expressed by a
notice in writing, as hereinafter provided, said as-
sessment may be paid in five (5) annual installments, Assessments
and shall bear interest at the rate of six per cent payable eve
• 11 ' -II K annual in-
(6%) per annum, interest payable semiannually. A staiiments.
property owner desirins^ to exercise the privilege of
payment by installments shall, before the expiration
of the thirty (30) days aforesaid, enter into an agree-
ment in writing with the municipality that, in consid-
eration of such privilege, he will make no objection objections
to any illegality or irregularity with regard to the ^^^^'^d-
assessment against his property, and will pay the
same as required by law, with specified interest ; and
such agreement shall be filed in the office of the clerk
to the Board of Commissioners. In all cases where
such agreement has not been signed and filed within
the time limited, the entire assessment shall be pay-
able in cash, without interest, before the expiration
of said thirty (30) days; provided, that any property
owner who shall have elected to pay his assessment
in five (5) annual installments shall have the right
and privilege of paying up the assessment in full at
any installment period by paying the full amount of
the assessment, together with all accrued interest,-
and an additional sum equal to one-half the annual
interest thereon; provided, hoivever, that if any prop- ^^^^^^^^^^^^
erty owner makes default in the payment of any in- penalty on
stallment and interest thereon, when the same ma-
tures, all of said installments, with interest, and an
additional sum equal to half the annual interest, shall
become immediately due and payable.
8. After the Board of Commissioners shall have,,
levied said assessment a.gainst the property abutting AsFe^s'sments-
upon such street, highway, avenue, or alley, the
Board shall deliver a list of such assessments to the
Commissioner of Finance, Lights, and Market House
of said city, who shall enter it, or cause the same to
be entered, in a well-bound book, styled ''Special As-
sessments," which book shall be so ruled as to con-
veniently show (1) the name of the owner of said
property; (2) the number of the lot or part of lot
and the plan thereof, if there be a plan ; (3) the front-
age of said lot and the depth thereof; (4) the amount
—56-
City Attorney
collects.
that has been assessed against said lot; (5) the
amonnt of each installment and the date on which
each installment is due. Said book shall be indexed
accordinc^ to the names of the owners of the property
and according to tlie names of the streets that have
been improved. The Comptroller in the Department
of Finance, Lights, and Market House shall issue
his receivable warrant to the individual or owner de-
siring to pay any of said assessment, which amount
shall be paid to the Treasurer of said city as other
taxes and revenues of said city are now paid. When-
ever any installment of any assessment shall become
^inSmentc, past duc for a period of sixty (60) days, it shall be
the duty of the Comptroller of said city to certify
said installment and all other installments of the
same assessment to the City Attorney of said city,
whose duty it shall be to immediately enforce the
collection of such installment or installments by at-
tachment levied upon the lot or parcel of ground
apon which such assessment or assessments were as-
sessed. In case of the nonpayment of any install-
ment as prescribed by this Act, then all of the install-
ments become due and delinquent, and an attachment
shall be sued out and lien thereunder enforced and
collected in the Chancery Court of the county where-
in said land is located. Any land so attached may be
sold in said attachment proceeding, in bar of equity
of redemption and all other rights, legal or equitable,
equity when belougiug to the owner or owners of said land. Any
such bill may include as many as twenty-five (25)
distinct pieces or tracts of land, the owners thereof
being made defendants to the bill ; and such cause
shall not be subject to objection for misjoinder by
reason of the distinct interest that several of the de-
fendants have in the property proceeded against, and
all parties necessary to enable the court to enforce
the lien and to divest the title out of the owner or
owners and invest the same in the purchaser may be
made parties defendant; and should any person in-
terested pay after the bill has been filed and before
the sale of the land, the city shall dismiss the suit as
to the person and property included in said pay-
ment; provided, all persons so paying the taxes or
assessments shall pay his, her, or its just proportion
Chancery
Court— bill
to collect.
Title free of
— 0/—
of the costs accrued in said court to the date of the
payment; and it is, therefore, provided that the fil-
ing of this bill in no way defeat the rights of said
city to the lien as before established, such bill being-
filed for the purpose of enforcing the same. Said bill
herein provided for shall be in substance and in form
the same as other bills filed in the Chancery Court
for the purpose of foreclosing and enforcing liens
and collecting taxes, assessments, and moneys due
under lien, and for divesting title and making a title;
but no defendant shall be entitled to a copy of the bill
without applying to the clerk of said court and pay-
ing for such copy, nor shall it be necessary that all
defendants' names be included in the copy of the sub-
poenas to be left with said defendant or in publica-
tion for nonresidents. Said cause shall be at issue
as to any defendant when his, her, or its answer is
filed, or pro confesso has been taken; and the cause
may be proceeded with by or against any one or more
of the defendants until final judgment, sale, and con-
firmation thereof, without in any wa}^ affecting any
other party to the suit. Any party to the bill shall appeals from
have the right to appeal to the Supreme Court or ^^^igg''^'^^
Court of Civil Appeals, or to a writ of error, as
their rights in such proceedings may be; and such
bill shall not affect proceedings as to other parties.
It is hereby intended that said sums of money ex- Abstract item
pended under this Act, together with all interest, assessment,
costs, charges, etc., as have heretofore been set forth,
shall be, and are, and do constitute a lien upon the
fee in said lot or lots or parcels of ground, and not i^ien on fee.
merely upon the interest of the person or persons to
whom said assessment and levj^ may be made, but to
any and all other interests in said property, whether
in reversion, remainder, or any estate of any nature
whatsoever; and said assessment shall not be invalid
on account of said assessed property having been
leased or the assessments made against any one as
owner or owners not the owner or owners, or where
the owner or owners are unknown. The said lien
shall be prior and superior to all other liens or en-
cumbrances of any nature whatsoever, except State,
county, and municipal taxes, and shall be of equal
dignity with sidewalk assessments. Said lien shall ^'whln!^^^^^~
—58—
attach when the Board of Commissioners shall have
ordered the improvement made in accordance with
the plans and specifications prepared for tlie Board
of Commissioners and when said order shall have
been entered upon the minute book of the Board of
Minute book is Commisslouers. Such entry, when duly signed by the
noticeof lien. Board of Commlssioncrs, shall become a notice and
fix the lien as to all parties who have acquired any
title, right, or interest in or to said lot or parcel of
ground, or who may thereafter acquire any title,
right, or interest therein.
City Attorney Tho City Attomcy is authorized to have an ab-
strac"of dtie. stract of title made to such lot or lots, and the ex-
pense thereof shall be charged as an item in the col-
lection of said assessment.
Bonds, abut- 9. Whcu thc Board of Commissioners shall have
alisessment!' Ordered the construction of any improvement in ac-
cordance with the terms of this Act, said Board of
Commissioners shall have the power and authority
for the purpose of providing the means to pay the
expenses of said improvements chargeable to prop-
erty owners to issue negotiable bonds of the munic-
ipality to the amount in par value not exceeding two-
thirds of the estimated cost of any such improve-
ment or improvements, which cost shall for this pur-
pose be estimated by the Board of Commissioners
in the ordinance authorizing the issue of said bonds.
Such bonds shall be payable to the bearer in lawful
money of the United States, either at the office of the
treasurer of the municipality or at such other place
in the United States as may be designated in the
bond, and such bonds shall be in the form and signed
by such officials as may be provided in the ordinance
directing the issue. Coupons may bear a facsimile
signature or signatures. In case an}^ such officers
whose signatures appear on the bonds or coupons
shall cease to be such officers before the delivery of
such bonds to the purchaser, such signatures shall,
nevertheless, be valid and sufficient for all purposes,
the same as if thej^ had remained in office until the
delivery of the bonds. The bonds shall run for one,
two, three, four, and five years, and bear interest at
a rate not exceeding six per cent {6%) per annum,
as may be designated in the bonds, payable semian-
—59—
nually, with interest coupons attached; and such
bonds shall be of such denomination as the Board of
Commissioners in said ordinance may order and di-
rect. The Board of Commissioners may, in its dis- ^^^g__^,^^
cretion, in such ordinances provide that any bond caiied.
shall be payable at the option of the municipality at
any interest-paying period; and if such Board of
Commissioners desires to exercise this right, it shall
be stated on the face of the bonds, as well as in the
ordinance authorizing their issuance, that they are
subject to call at any time before their maturity that
the Board of Commissioners may deem proper ; pro-
vided, however, that the Board of Commissioners g^jj^g_j.^^j^^^j
shall give notice before anj'^ such interest period by ^^fr,"'',^ ™^"
publication three (3) times, once a week for three
consecutive weeks, in a daily newspaper published
in said city, the first publication to be not less than
thirty (30) days prior to the interest period at which
it is proposed to redeem the bonds, such notice stat-
ing the intention of the Board of Commissioners to
redeem the bonds and describing them by number
and series. Said bonds shall be sold at public or pri- g^j,^^ ^^^^_
vate sale at not less than par and accrued interest, ters', sold-
-L ^ now.
Said bonds shall be the absolute and general obliga-
tions of the municipality, and the Board of Commis-
sioners of said city shall provide by ordinance that
the assessments levied upon the property abutting
on the streets, highways, avenues, or alleys, or part
or parts thereof, in respect of which any such bonds
are issued, shall be set apart as a fund for the paj^-
ment of such bonds and interest. It shall be the duty
of the Board of Commissioners of said city to levy °ers^,Hqui'-
an ad valorem tax upon all of the taxable property speciiuax.
in the city to pay the principal and interest of said
bonds as they may become due, or to pay such part
or parts thereof as are not provided for by the as-
sessments levied and actually collected and in the
treasury of the city set apart for the payment of
such bonds and interest. The tax herein provided
for shall be in addition to all other taxes which such
municipality is authorized by law to levy. Any or- ^^^^^^ ^^^^
dinance authorizing the issuance of such bonds shall ters', ordi-
be valid when passed by the Board of Commission- acted.
—no-
d's of said cily, and the j)r()visioiis of Sections *26
and 127 of tliis Act sliall not apply to bonds issued
Bonds abut- ^^i^dor tliis subsection. Said ordinances may, in the
»er^^account discretion of the lea^ishitive body, provide for the
issuance of bonds in one lot or amount in respect of
any one or more of such improvements on one or
more streets, avenues, alleys, or highways, or part
or parts thereof, and may, in the discretion of the
Board of Commissioners of said city, yjrovide that
any assessments levied in respect of any such im-
provement or improvements on one or more streets,
avenues, highways, or alleys, may be applied as a
whole toward the payment of such entire lot or
amount of bonds or interest thereon ; and it shall not
be necessary that each assessment for each separate
improvement shall be kept separate and applied to
the bonds issued in respect to that jDarticular im-
provement. After the passage of any ordinance au-
thorizing the issue of bonds, any of the proceedings
authorizing the advertisement or sale or award of
the bonds may be taken b}^ order or resolution, made
at a single meeting or session of the Board of Com-
missioners of said city, and need not be by ordinance.
Any such bonds may, in the discretion of the Board
Form of bonds. n r^ •• i?'*T'ii- t • ^ i
or Commissioners oi said city, be issued m substan-
tially the following form or in such other form as the
Board of Commissioners of said city may from time
to time prescribe. Such form is as follows — to wit :
United States of America,
State of Tennessee,
City of Nashville,
Street Improvement Bond.
No Series $
The City of Nashville, a municipal corporation or-
ganized and existing under the laws of the State of
Tennessee, for value received, hereby acknowledges
itself indebted and promises to pay to the bearer the
sum of $ , in lawful money of the United
States, on the first day of , 191 .....
with interest thereon at the rate of per
centum per annum, payable semiannually, on the
first day of and
"Original Act, clerical error, "2S and 29.'
— Gl—
in each year, until this bond is paid upon presenta-
tion and surrender of the annexed coupons as they
severally fall due, both principal and interest being
payable at the office of the City Treasurer in Nash-
ville, Tenn., or at the office of ,
in , at the option of the holder.
This bond is issued under and in pursuance of and
in strict conformity with an Act of the General As-
sembly of the State of Tennessee, approved
, of the Acts of the year ,
and in other statutes, and the Constitution of said
State and the charter of said city in such cases made
and provided, and under and pursuant to ordinances
and proceedings of said city, duly adopted and had,
and to provide means to pa^^ not exceeding two-thirds
of the estimated cost of certain street improvements.
It is hereby certified, recited, and declared that all
acts, conditions, and things required to be done, ex-
ist, and be performed precedent to and in the issu-
ance of this bond in order to make this bond a legal,
valid, and binding obligation of the City of Nash-
ville, have been done, existed, and been performed
in regular and due time, form, and manner as re-
quired by law ; and that the indebtedness represented
by this bond, together with all other indebtedness of
said city, does not exceed any limit prescribed by the
Constitution or statutes of said State or the charter
of said city. The full faith and credit of the City
of Nashville are hereby pledged for the prompt paj^-
ment of the principal and interest of this bond as the
same become due.
In witness whereof, the Mayor of said City of
Nashville and the City Treasurer of said city have
signed this bond and attached the seal of said city
and caused the interest coupons hereto attached to
be signed with the facsimile signature of the Mayor
and said City Treasurer, and this bond to be dated
19....
Mayor.
>
City Treasurer.
If the municipality reserves the right or option
to pay off said bonds before maturity, such right or
—62—
option shall be expressly reserved in the bonds; and
the lanj^nage of such reservation inserted in such
case in the bond may be substantially as follows, or
any other appropriate language:
The City of Nashville hereby reserves the right
^maufrity^"'^'' aud optiou to pav off this bond at any interest-pay-
ing period before maturity; and in the event the City
of Nashville shall elect to pay off this bond in full at
any interest period before maturity, it shall and will
pay as a bonus to the holder thereof a sum equal to
one-half of the annual interest thereon for one year;
provided, hoiV'Sver, that the legislative body of said
municipality shall give public notice before such in-
terest period by publication three times, once a week
for three consecutive weeks, in a daily newspaper
published in the City of , the first
publication to be not less than thirty days prior to
the interest period of this bond, stating its inten-
tion to redeem the same and describing the same by
number and series.
(Form of Coupon.)
No $
On the first day of , 19 .... , the
City of , Tenn., will pay to the
bearer, at the office of the City , in
coupons-form ^ Tcun., Or at the office of
, in , at the option of the
holder, dollars, being six
months' interest then due on Street Improvement
Bond No
Mayor.
'City'.'.'.'.'.'.'.'.'.'.\..
10. K there be a street, electric, or steam railroad
fn^f^eet^^ ^ track or tracks in any street, alley, avenue, or high-
way improved under this Act, the cost of such im-
provement between the rails and the space between
such tracks, and two (2) feet beyond the outer rail,
and including switch and turnouts, shall be paid by
the owners of such railroad, and shall be assessed
and collected from such owner, and shall be levied
—63—
upon the railroad and the property used in connec-
tion therewith; and in the event a culvert be con-
structed, which drains streets or highways, on which
there is a street, electric, or other railroad, there
shall be assessed against such railroad a fair and just
proportion of the construction of such culvert, to be
determined by the Board of Commissioners ; and such
assessment shall be a lien like other assessments, and
may be collected in like manner; provided, however,
that where any such railroads shall occupy any
street, allej^, or highway under ordinance or contract
with such city, it shall pay or improve according to
the provisions of such ordinance or contract as have
been provided in this Act.
Where any of the improvements authorized by this
Act shall have been directed to be done as herein ^piaced-how
provided, the Board of Commissioners of said city
shall have the power to require any street railroad
company, or any steam commercial railroad com-
pany, or other rail-using company, to replace the
rails that such company have in such street with
other rails of a kind to be specified by said Board;
and when in the judgment of said Board of Commis-
sioners the rails ordered to be removed are not suit-
able to be used with paving that is about to be put
down by said Board, notice thus provided for shall
be given at least sixty (60) da^^s before said Board
of Commissioners begins to work upon that portion
of the street wherein such rails are located. Should
the company refuse to comply with the requirements
of said notice, the Board of Commissioners shall have
power to remove all of said rails from such street,
highway, alley, or public place, and the expense of
such removal shall be paid by such company.
*n. Before making any of the im])rovenients con- Gas. water,
templated in this Act, the Board of Commissioners uons^°"°^''"
shall have power to order the owner or owners of
all abutting real estate to connect their several prem-
ises with gas, water mains, or other subterraneous
conduits, pipes, or ducts, or with any other public
utility in the street in front of their several prem-
ises; and upon default of the owner for thirty (30)
days after such notice to make connection, the Board
•Rust vs. Nashville, Supreme Court, 1912, held section unconstitutional in part.
— G4—
of (Joiniiiissioners may contract for and make the
connection aforesaid, at such distance, under sucli
regulations, and in accordance with such specifica-
tions as may be prescribed by it; and the whole cost
of such connection shall be assessed against the prem-
ises with which the connection is made. Any num-
ber of such connections may be included in one con-
tract, and the cost thereof shall be added to the final
levy or assessment made against the property of each
lot owner as hereunder provided.
T.,i-,.,-t^„a.. 12. In the event of the issuance of bonds as here-
bonds if " in provided, it shall be the duty of the Board of Com-
missioners of said city to ascertain m due season, m
advance of the time for the payment of the principal
or interest, or both, of any and all such bonds to be
herein issued, and in advance of the time for the pay-
ment of the principal or interest, or both, of any such
bonds, whether or not there is or will be sufficient
moneys provided hy the assessments levied and actu-
ally collected in the treasury of the municipality set
apart for the payment of the principal and interest
of such bonds as the same from time to time become
due; and it shall be the duty of the Board of Com-
missioners of said cit}^ in due season, in advance, to
levy an ad valorem tax upon all the taxable property
in the municipality sufficient to pay the principal and
interest of such bonds as they become due from time
to time, or to pay such part or parts thereof as are
not or will not be fully provided for by the assess-
ments levied and actually collected and in the treas-
ury of the municipality in season for the payment
of the principal and interest of such bonds as the
same from time to time become due. In case the mu-
nicipality shall levy and collect ad valorem taxes for
the purpose of paying the principal and interest of
any bonds or any part thereof, the municipality shall,
nevertheless, have the power and authority to pro-
ceed with the levy and collection of the assessments ;
and such assessments or part thereof sufficient for
the purpose shall be paid into the treasury of the
municipality to reimburse the treasure" for the
amount thus paid out of such ad valorem taxes; and
such money thus reimbursed to the treasury shall be
used under the direction of the Board of Commis-
—65—
sioners of said city for anj' lawful corporate pur-
pose for which ordinary ad valorem taxes may le-
gally be levied and collected.
13. Any failure on the part of any city to comply g^^^^ ^^^
with any of the provisions of this Act, and any fail- if^^l^^^''
ure in the existence or perforaiance of any of the
conditions precedent to the issuance of any bonds is-
sued under the provisions of this Act, for local abut-
ting property purposes and improvements, shall not
affect the validit>^ of such bonds or of the assess-
ments made for such purposes, but the same shall be
in all respects valid and binding.
14. That the proceeds arising from the collection
of assessments levied for each improvement shall be ^"e«ed.°kept
and constitute a separate and distinct fund; and emmt''"^
each such fund, together with its accumulations, shall
be pledged for the payment of the bonds and inter-
est coupons issued for the improvement from the
assessment of w^hich said fund arises, and shall be
applied exclusively to the payment of such bonds and
coupons. It shall be the duty of the Treasurer of
said city to keep an accurate account of all funds ^.^^gg^jj.^^
arising from all assessments for improvements made ^eeps ac-
under this Act, and to carefully and accurately keep
a separate account of the funds arising from the col-
lection of assessments for each particular improve-
ment; provided, liowever, that if at any time thf
amount of any particular fund shall exceed the
amount of any outstanding bonds and interest enti-
tled to payment out of such fund, the Board of Com-
missioners shall order the application of such sur-
plus to the redemption of bonds issued for such im-
provement as hereinbefore provided, and all such
bonds so redeemed shall be canceled; provided, fur-
ther, that said Board of Commissioners shall have
the power, after the expiration of sixty (60) days
from the date of the final assessment for any im-
provement, if no bonds for said improvement have
been issued and sold, to order the payment out of
the proper fund to the contractor who constructed
the improvement, of all or anj'' part of the assess-
ment for said improvement previously collected, or
to reimburse from such collection the general funds
of the city to the extent of any money advanced out
-66—
'Public Im-
provement"
Account.
Vouchers
drawn on
" Public Im-
provement
Account."
Trea.surer's
liability.
of the j^eneral funds or borrowed to pay the cost of
said improvemeut, and to issue and sell bonds, as
hereinbefore provided, to any amount not exceeding
the balance due the contractor and the general fund
of the city or borrowed for such purpose. If there
shall be any surplus arising from the sale of bonds
issued for any improvement above the cost of said
improvement, said surplus shall be and become a
part of the fund levied for said improvement, and
shall be kept and applied in the manner as said fund
is herein required to be kept and applied. All pro-
ceeds arising from the collection of assessments lev-
ied for an improvement shall, as soon as collected,
be deposited by the Treasurer in some bank to be
designated by the Commissioner of Finance, Lights,
and Market House ; and such collections shall not be
deposited with the general funds of the city, but shall
be considered a separate deposit to the account of
''Public Improvement," and shall be drawn out on
checks or orders directing the amount designated
therein to be paid out of the ''Public Improvement
Fund." The Treasurer shall be liable on his offi-
cial bond to any holder of the bonds authorized here-
by for any loss or injury to such bondholder caused
by the diversion of said officer of any of said funds
or part thereof to the payment of any other fund,
certificate of indebtedness, or interest coupons, or in-
debtedness of the city other than the bonds and in-
terest coupons and indebtedness herein authorized to
be paid out of said fund, or by the use or misappro-
priation by said officer of any part of the fund out of
which said bonds are required and contemplated
herein to be paid for any other purpose than herein
provided for, or for the benefit of the city or others :
and any member of the Board of Commissioners of
said city who shall by his or their vote, or in any
other manner, cause, aid, or encourage any such di-
version, use, or misappropriation of the fund out of
which the bondholders are entitled to be paid, for
any other purpose than that authorized and required
herein, whereby loss or injury to the bondholders or
any of them is caused, shall be jointly and severallv
liable to such bondholders injured to the extent of
such loss and injury.
—67—
15. In the event a petition be presented to the petition of
Board of Commissioners of said city, averring the oTrotarcoW
willingness of each of the signers to pay his or her
pro rata share of the entire cost of any improvement
such as is hereby authorized, and relieve the munici-
pality from any payment of any part thereof, as to
any street, highway, avenue, or alley, or part or parts
thereof, which petition is signed by the owners of at
least sixty-six and two-thirds per cent (66 2-3 %) of
the frontage of the lots or parcels of land abutting
on such street, highway, avenue, or alley, or part or
parts thereof, proposed to be improved as hereby au-
thorized, such petition may be granted by the Board
of Commissioners of said city; and thereupon pro-
ceedings may be had under this Act the same in all
respects as if the improvements had been begun by
the Board of Commissioners on its own initiative,
and bonds may be issued and assessments may be
made, except that the assessment shall in such event
be made for the entire cost of the improvement, and
bonds may be issued for the entire cost instead of
assessment being made and bonds being issued for
only two-thirds of the cost thereof ; provided, that no
assessment under this subsection shall in any event
exceed on any lot one-half of the assessed value of
such lot for municipal purposes for the current year,
including improvements thereon; and all other pro-
visions of this Act shall be applicable in respect to any
improvement made under this subsection except as in
this subsection may be otherwise expressly provided.
16. The entries in the "Special Assessment" book g,,ijg„^g_
heretofore referred to shall be a book of original en- " special as-
, O SCSStllCllt
tries for any and all purposes, and shall be compe- Book -is.
tent evidence in all cases in all of the courts of this
State, or a certified copy thereof signed by the Com-
missioner of Finance, Lights, and Market House.
17. Whenever such proceedings are taken by said Bought in by-
city as shall result in the sale of any lot of ground to ^o*"-
pay any installment or installments of such levies or
assessments as herein provided, the Commissioner of
Finance, Lights, and Market House shall have the
right to bid at such sale up to the amount of all of
the assessments that are outstanding against said
property; and if said property is struck off to said
—68—
Commissioner, the title thereof shall be taken in the
name of the City of ; and said Com-
missioner shall thereafter have the power to execute
Quit claim for a Quit-claim deed of said city to any individual who
*'''*"• shall tender in consideration thereof the amount of
such special assessments that may have been levied
against such property, together with all costs, inter-
est, or charges that may have been incurred in the
effort to collect such assessments.
18. Whenever any of the improvements made un-
ity scost. ^^^ ^-^^ provisions of this section for which it is here-
in provided that two-thirds of the cost thereof shall
be paid by the owners of abutting real property, the
municipality within whose corporate limits such im-
provement is made shall pay the remaining cost out
of any fund available or provided for that purpose,
or that for the purpose of raising funds with which
to pay that portion of the cost of improvements
chargeable against the municipality as herein au-
thorized, said municipality shall have the power and
authority to issue negotiable bonds, to be termed
"General Improvement Bonds," as distinguished
proveme"" from tlic bouds authorized by a preceding subsection
Bonds.' ^^ ^i^.g ggg^JQjj^ ^Q 3JJ amount in par value not ex-
ceeding one-third of the estimated cost of any such
improvement or improvements, and the cost of in-
tersections, and the cost of incidentals mentioned in
a preceding subsection, which cost shall for this pur-
pose be estimated by the legislative body in an ordi-
nance authorizing the issuance of said bonds. Said
bonds shall be payable to bearer in lawful money of
the United States, either at the office of the Treas-
urer of the municipality or at such other place in the
United States as may be designated in the bonds, and
shall be in such form and signed by such officials as
may be provided in the ordinance directing their is-
suance. In case any of such officials whose signa-
tures appear on the bonds or coupons shall cease to
be such officials before the delivery of such bonds to
the purchasers, such signatures shall, nevertheless,
be valid and sufficient for all purposes, the same as
if they had remained in office until the deliver^' of the
bonds. The bonds authorized by this subsection shall
run for a period not to exceed twenty years, at the
—69—
discretion of the Board of Commissioners, and shall
bear interest at a rate of not to exceed six per cent
(6%) per annum, as may be designated in the bond,
payable semiannually, and with coupons attached,
which may bear a facsimile signature or signatures
of the officers authorized by ordinance providing for
the issuance of said bonds. Said bonds shall be of
such denomination as the Board of Commissioners
may in the ordinance directing their issuance desig- ^^'^ °^ ^°*"^*'
nate, and may be sold at public or private sale, but
not for less than par and accrued interest. Said
bonds shall be the absolute and general obligations
of the city directing their issuance; and the Board
of Commissioners of said city, notwithstanding any
previous or subsequent sections of this Act, shall
levy annually a sufficient special tax, not exceeding
two mills on the dollar, on the assessed valuation of
all the taxable property in said city, to provide for
the payment of that portion of improvements herein
authorized chargeable against the city proper, and
to provide a fund with which to pay interest on bonds
authorized to be issued by this subsection, and to
provide a sinking fund for the payment of any bonds
that may be issued in anticipation of the collection
of such tax, which fund so provided shall not be used
or appropriated to any other purpose or purposes
than the payment of such portion of the cost of such
improvement or bonds and the interest thereon.
Bonds issued under this subsection may be issued
by the Board of Commissioners of said city by ordi-
nance, and the provisions of Sections *26 and 27
of this Act shall not apply to bonds issued under this
subsection. After the passage of any ordinance au-
thorizing the issuance of bonds under this subsec-
tion, any proceeding authorizing the advertisement ^ofbond^*"*
of sale or ward of the bonds may be had by order or
resolution made at a single meeting or session of the
Board of Commissioners of said city, and need not
be made by ordinance.
Any such general improvement bonds as desig-
nated in this section may, in the discretion of the -general
Board of Commissioners of said city, be issued in *mem°'^
substantially the following form, or in such other
'Orifirinal Act, clerical error, " 28 and 29."
—70-
form as the said Board of Commissioners of said
city may from time to time prescribe. Such form is
as follows — to wit:
United States of America,
State of Tennessee,
City of ,
General Improvement Bond.
No Series $
The City of , a municipal corpo-
ration organized and existing under the laws of the
State of Tennessee, for value received, hereby ac-
knowledges itself indebted and promises to pay to
the bearer the sum of dollars, in law-
ful money of the United States, on the first day of
, 19 .... , with interest thereon at
the rate of per cent per annum, payable
semiannually, on the first day of
and of each year, until this bond
is paid, upon presentation and surrender of the an-
nexed coupons as they severally fall due, both prin-
cipal and interest being payable at the office of the
City , in , Tenn.,
or at the office of , in
, at the option of the holder.
This bond is issued under and in pursuance of and
in strict conformity with an Act of the General As-
sembly of the State of Tennessee, approved
, 19 .... , being Chapter of the
Acts of 19. . . ., and other statutes, and the Constitu-
tion of the State of Tennessee, and the charter of
said city of , in such cases made
and provided, and under and pursuant to ordinance
and proceedings of said city duly adopted and had,
to provide means to pay not exceeding one-third of
the estimated cost of certain street improvements.
It is hereby certified, recited, and declared that all
acts, conditions, and things required to be done, exist,
and be performed precedent to and in the issuance
of this bond in order to make this bond a legal, valid,
and binding obligation of the City of ,
have been done, existed, and been performed, in reg-
ular and due time, form, and manner as required by
law, and that the indebtedness represented by this
—71—
bond, together with all other indebtedness of said
city, does not exceed any limit prescribed by the Con-
stitution or statutes of said State or the charter of
said city. The full faith and credit of the City of
are hereby pledged to the prompt
payment of principal and interest of this bond as
same becomes due.
In witness whereof, the Mayor of the City of
and City of said
city have signed this bond and attached the seal of
the city and caused the interest coupons hereto at-
tached to be signed with the facsimile signatures of
said Mayor and said City , and this
bond to be dated first day of
19....
Mayor.
'6ity'.'.'.'.'.'.'.'.'.'.'.'.'.y...
(Form of Coupon.)
No $
On the first day of , 19 .... , the
City of , Tenn., will pay to the
bearer at the office of City , in
, Tenn., or at the office of
, in , at
the option of the holder,
dollars, being six months' interest then due on Gen-
eral Improvement Bond of said city, dated the first
day of , 19 . . . .
Series No
Mayor.
city'.V.V.V.V.V.'.'.V..
lot
18. That any failure on the part of said city to Bonds nc
comply with any of the various subsections of this efro'i's^.'^ ""^
section, and any failure in the existence or perform-
ance of any conditions precedent to the issuance of
any such general improvement bonds as herein-
above provided and authorized to be issued by the
preceding subsection of this section, shall not affect
—72-
Invalidities
localized.
Vacancies —
how filled.
the validity of said bonds or the levy of tax made
under authority of the precedin*^ subsection of this
section, but the same shall be in all respects valid
and binding.
19. This section of this Act is intended to enable
the municipality governed thereby to make munici-
pal improvements by assessing the benefits thereof to
the individuals and lot owners benefited thereby; but
if this section (5r any part thereof should be declared
to be unconstitutional, then such unconstitutionality
shall not be construed to affect the remaining por-
tions of this Act or remaining portions of this sec-
tion, as the case may be, it being the purpose of this
Legislature to enact the remaining sections of this
Act or the remaining subsections of this section as if
this section or any subsection thereof were omitted.
Sec. 43. Be it further enacted, That in the event
of the death, resignation, inability, or refusal to
serve, or removal of any officer or employee of the
city, other than a member of the Board of Commis-
sioners, it shall be the right and duty of the Board
of Commissioners to elect as soon as practicable a
successor to fill the vacancy; and if no election be
had within thirty (30) days after such vacancy oc-
curs, the Mayor shall have the right, and it shall be
his duty, to appoint some fit person to fill such va-
cancy until an election by the Board of Commission-
ers shall occur. The election by said Board to fill
such vacancy shall be on nomination by the Commis-
sioner of the department to which such officer be-
longs. In event of the temporary absence or disabil-
ity of any officer other than a member of the Board
of Commissioners, the Board shall, if a majority of
the members thereof see fit, have the power to ap-
point some proper person to act in the place and
stead of such officer during the absence or disability,
and to provide for the compensation of such person
temporarily discharging the duties of said officer;
provided, however, that there shall be no deduction
from the salary of the regular incumbent of said of-
fice during such absence or disability, unless the
Board shall by resolution declare the absence from
office of such incumbent to be without excuse.
Sec. 44. Be it further enacted, That all officers
—73—
and employees who shall be employed by the Board corrupt
• . practices
of Commissioners of said city shall be elected or ap-
pointed with reference to their qualifications and fit-
ness, and for the good of the public service, and
without reference to their political faith or party af-
filiation; and that it shall be unlawful for any can-
didate for office, whether for a position on the Board
of Commissioners or otherwise, in the employment
of said city, to directly or indirectly give or promise
any person or persons any office, employment, ben-
efit, or anything of value, for the purpose of influ-
encing or obtaining the political support, aid, or vote
of any person or persons ; and a violation of this pro-
vision of this Act shall constitute a misdemeanor,
and, in addition to being sufficient cause for the re-
call of such officer or officers as herebefore provided,
the person so offending shall, upon conviction, be ■
fined not less than five hundred dollars ($500) nor
more than one thousand dollars ($1,000) and im-
prisoned for not less than six (6) months nor more
than one (1) year.
Sec. 45. Be it further enacted, That the word definition of
''Commissioner" or "Commissioners" as used in '^^q^^\^'
this Act shall be construed as embracing the Mayor,
unless the contrary is plainly indicated.
Sec. 46. Be it further enacted, That this Act is public Act.
hereby declared to be a public Act, and may be read
in evidence in all courts of law and equity, which
shall take judicial notice hereof; and all ordinances,
resolutions, and proceedings of said city may be
proved by the seal of the corporation, attested by the
clerk to the Board of Commissioners; and when
printed and published by authority of the corpora-
tion, the same shall be received in evidence in all
courts and places without further proof.
Sec. 47. Be it further enacted, That the right, title, ,j,^^^^j.^^^f
and ownership of all property and all uncollected {^^bimies"
taxes, dues, claims, judgments, decrees, and choses *t'-^
in action, and all other property whatsoever — real,
personal, or mixed — belonging to, held, or owned by
said city, shall be, and are hereby, transferred to
and vested in the corporation chartered and organ-
ized under this Act, with full power in the municipal
corporation chartered under this Act to enforce all
-74-
Former
ordinances
adopted.
Isolating
invaliclities
ri*^lits of tlie municipal corporation which it super-
sedes. Said corporation under this Act shall answer
and be liable for all debts, contracts, and oblig-ations
of the corporation which it succeeds, in the same man-
ner and proportion and to the same extent as said
municipal corporation is liable under existing laws.
Complete ^'^^' ^8. Bc U furthcr enacted, That this Act is
system of hercbv declared to be a complete system of munici-
governnient. •' . , . , ^^ »^
pal government for said city ; and no oincer or officers
shall have or exercise any power or authority not
herein conferred, anything in former Acts pertain-
ing to and covering said city to the contrary notwith-
standing.
Sec. 49. Be it further enacted, That all ordinances,
resolutions, and by-laws duly enacted and in force
when this Act becomes effective, and not inconsistent
with its provisions, shall not be considered as being-
repealed, but shall remain in full force and effect un-
til repealed, modified, or amended as herein provided.
Sec. 50. Be it further enacted. That each section
of this Act is hereby declared to be separate and
independent from every otlier flection hereof; and
the invalidity of any section or sections hereof shall
not be construed as affecting the validity of the re-
maining sections, as the same would have been passed
by the General Assembly if such invalid section or
sections, if any, had been stricken out before the pas-
sage of this Act.
Sec. 51. Be it further enacted. That any officer
elected by the people, or holding by appointment for
a definite term, shall continue to serve out the term
for which he was elected or appointed, and at the
same compensation, if any, provided by law at the
time of his election or appointment ; but on the expi-
ration of said elective or appointive term, all said of-
ficers, except the five (5) members of the Board of
Commissioners, shall be appointed as herein pro-
vided; provided, however, that the two members of
the former Board of Public Works shall receive the
compensation provided by this Act.
Sec. 52. Be it further enacted. That all laws or
parts of laws in conflict herewith be, and the same
are hereby, repealed.
Sec. 53. Be it further enacted, That an election
Oflacials hold
ing over.
Repeal.
—75—
shall be held on the second Thursday in September t^i,^^ ^jj^^^
in 1913, in conformity with the provisions of this
Act, for the purpose of choosing a Mayor and the
two Commissioners desi^ated in Section 4 hereof,
and for no other purpose, and that the other provi-
sions of this Act shall take effect on the Tuesday
following" the second Thursday in October, 1913, it
being the fourteenth (14th) day of October, 1913, at
8 o'clock A.M., the public welfare requiring it.
[Sec. 54. Be it further enacted, 1. That the pouceandFire-
Board of Commissioners is made and designated "^0° Board.
for the pension purposes herein enacted, the
Board of Police and Fire Pension Commissioners.
Said Board is authorized and empowered to make a
special tax levy not exceeding one-tenth and not less
than one-twentieth of one mill on each dollar of the
value of the taxable property of such City; provided, rax levy.
however, that the levy of said special tax herein au-
thorized shall be mandatory upon said Board of
Commissioners.
2. That the following employees of the police and ^ho is entitled
fire departments of such City shall be entitled to a to pensions,
pension under this Act, to-wit :
la. Such members of the police and fire depart-
ments who have served for a continuous period of
twenty-five years, and who, in the judgment and dis-
cretion of the Board of Commissioners, may not
longer be able to efficiently discharge the duties of
his position, and who have com]Dlied with the rules,
ordinances and regulations governing the police and
fire departments, and the pension provisions, or
2a. If any such member of any such department
while working within the scope of his employment
is crip])led or disabled, regardless of the length of
time he has been employed in such department pre-
vious to his having sustained such disability ; and
3a. Each such member of such departments l)ef ore pues-when
he shall be entitled to the benefits under this Act, p^^*^-.
shall pay annually on or before the first Monday in
November of each year, into the City Treasury, for
said pension fund as follows :
All of the officers of the police and fire depart- oues-amount.
ments of such City shall pay six ($6.00) Dollars an-
nually, on the date aforesaid, and all of the patrol-
—76—
men and firemen of tlie line shall pay Three ($3.00)
Dollars annually on the said date, and no policeman
or fireman shall be entitled to any i^ension who is in
default on said payment.
Board-powers 3. That the Said Board is hereby vested with
°^' power and authority to make all of the nec-
essarj^ rules and regulations for the purpose of
carrying out the provisions of this Act, and to
accomplish the object and purposes thereof. Said
Board shall have exclusive right to determine in each
particular case whether or not such members of the
police and fire departments of said City, as are em-
braced in Section 2 hereof, are entitled to pensions,
under the terms and provisions of this Act.
What pension. Said Board shall likewise have exclusive riglit and
authority to determine the amount such employee
is entitled to as a pension, but in no case shall the
amount so awarded exceed one-half of the salaiy or
compensation any such employee was receiving from
the City at the time he was placed on the pension
roll by the said Board, and such pension shall cease
at the death of the employee to whom it was
awarded.
Accouut-how 4. That all revenue raised on account of the
^^p^ pension fund, whether under the special tax
levy hereby authorized, or from the pajTuent
of annual assessment, or donations or other
sources, shall be kept by the City Treasurer separate
and apart from all other municipal revenue. Such
funds shall be known as the 'Police and Fire Pen-
sion Fund,' and the City Treasurer shall keep a sep-
arate book in which he shall enter each item paid out
of such fund on warrants drawn thereon by said
Board. Payments shall be made monthly to the par-
ties entitled thereto, and the City Treasurer shall
make monthly reports to said Board of the amount
expended during each month, and also the balance
left to the credit of the pension fund at the end of
each month.]
[Sec. 55. Be it further enacted, 1. That said
issue of fifty thousand dollars ($50,000) of bonds
shall " be known as ' ' Sidewalk and Curbing Con-
struction Bonds," the proceeds of which shall
be deposited with the Treasurer of the [city of Nash-
—77—
ville] to the credit of tlie [Board of Commissioners]
of such city, and shall constitute a separate fund,
to be used exclusively in the construction of curb-
ings and sidewalks in the [city of Nashville]. Said
[Board of Commissioners] shall have the power to
expend such fund or any portion thereof for the pur-
poses herein provided in such manner as they shall
deem proper and without the necessity of the pas-
sage of an ordinance authorizing the same; pro-
vided, hoivever, that no portion of said bonds sliall
be expended by said [Board of Commissioners] un-
til a notice has been published three times in one of
the daily papers published in said city, directing the
owners of the property in front of which it is nec-
essary to construct such sidewalks and curbing to
proceed to construct the same in accordance with
the plans and specifications therefor prepared by
said [Board of Commissioners] and within thirty
days from the date of the first of said notices. Said
notices shall give the name of the ownei' of the prop-
erty in front of which such curbing or sidewalk is
directed to be constructed, and also the number of
front feet of said lot, and the number of the lot and
the plan thereof if there be such. But any mistake
as to the name of the owner of any such lot, or the
number or description of said lot shall in no wise
invalidate or affect the lien upon said property for
the sum of money expended in the construction of
such sidewalks and curbing.
2. That if after the expiration of thirty days
from the publication of the first of said no-
tices such owner shall have failed to construct the
sidewalk as commanded in said notice, said Board
may proceed to construct the same in like manner
as other contracts for public improvement are en-
tered into by said Board.
3. That a list of the several sums of money
expended by said Board in the construction of
sidewalks and curbing shall, as soon as said work
of construction is completed, be immediately deliv-
ered to the Comptroller of said city, who shall enter
the same upon his sidewalk book, and shall, within
ten days after the receipt of such list from said
[Board of Commissioners], mail to the owner or
agent of the owner of each of the lots of ground m
sidewalk
assessments
—78—
front of wliicli said sidewalk or ('iu'l)iii<4- liavo l)een
constriU'ttMl a notice six'ciJ'yiTi^- tlio amount of money
tliat is due for sneli construction, and i-ecitin<!; that
tlie same must be paid within ninety days from that
date. If said sums of money have not been paid at
the expiration of said ])eriod of ninety days, it shall
!)e the duty of said (^)ml)trolier to deliver to the
City Attorney of said city a list of all such delin-
quents, and it shall be the duty of the City Attor-
ney to immediately and without further notification
to the owners of said pro])erty proceed to collect
such sums by bill in the Chancery Court of David-
son County. Such bill may include as many as
twenty-five (25) distinct pieces or tracts of land,
collected- |;|j(3 Qwucrs thercof bein^- made defendants to the
bill, and such cause shall not be subject to objec-
tion for misjoinder by reason of the distinct inter-
est that several of the defendants have in the prop-
erty proceeded against, and all parties necessary to
ena])le the court to enforce the lien and to divest
the title and invest the same in the purchaser may
be made party defendant; that should any person
interested pay after bill filed and before sale of land,
the [Board of Commissioners] shall dismiss the suit
as to the persons and property included in said pay-
ment; provided, the persons so paying the taxes or
assessments shall pay, his, her, or its just propor-
tion of the cost accrued in said cost to the date of
the payment ; and it is, therefore, provided that the
filing of this bill shall in no way defeat the rights
of the [city of Nashville] to the lien as be-
fore established, such bill being filed for the pur-
pose of enforcing the same. Said bill herein pro-
vided for shall be in substance and in form the same
as other bills filed in the Chancery Court for the
purpose of foreclosing and enforcing liens and col-
lecting taxes, assessments, or money due, and for
divesting title and making a title, but no defendants
shall be entitled to a copy of the bill without apply-
ing to the Clerk and paying for such copy, nor shall
it be necessary that all defendants' names be in-
cluded in the copy of the subpoena to be left with
said defendant, or in publication for nonresidents.
Said cause shall be at issue as to any defendant
when he, her, or its answer is filed or pro confesso
—79—
has been taken, and the cause may be proceeded with
by or against any one or more of the defendants
until final judgment, sale, and confirmation thereof
without in any way aifecting any other party to the
suit.
Any party to the bill shall have the right to appeal
to a Supreme Court or to a writ of error, and such
bill shall not affect proceedings as to other parties.
It is hereby intended that said sums of money ex-
pended under this Act, together with all interest, ^"°"'^° ^'^"
costs, and charges, shall be and constitute a lien
upon the fee in said lot or lots or parcels of ground
immediately hereunder, and not merely upon the in-
terest of the person or persons to whom said assess-
ment any levy may be made, but to any and all other
interests in said property, whether in reversion, re-
mainder, or any estate of any nature whatsoever,
and said assessment shall not be invalid on account
of said assessed property having been leased or the
assessment made against one as owner or owners
not the owner or owners, or where the owner or own-
ers are unknown. The said lien shall be prior and
su]ierior to all other liens or incumbrances of any
nature whatsoever, except State, county, and munic-
ipal taxes.
Said liens shall attach when the [Board of Com-
missioners] shall have ordered a notice of publica-
tion to be made directing the owner or owners of the ^'Iwhen':''^^
property in front of which it is necessary to con-
struct such sidewalks and curbings to proceed to
construct same in accordance with the iilans and
specifications prepared by the [Board of Commis-
sioners], and said order shall be entered upon the
minute book of the [Board of Commissioners] and
sliall become a notice and fix the lien as to all par-
ties who may have acquired prior thereto any title,
right, or interest in or to said lot or parcel of ground,
or who may acquire any such title, right, or interest
subsequent thereto.
The City Attorney is authorized to have an ab-
stract of the title made to such lot or lots or par-
cels of ground, and the expense or interest thereof
charged as an item in the collection of said assess-
ment.
4. That all moneys expended for the construe-
—80—
tion of ourl)inft' and sidewalks out of the proceeds
of the bonds whose issuance is here author-
ized shall, when collocted from the ))erson, fii-ms, or
corporations upon whoso property such cost of con-
struction shall have become a lien as heretofore pro-
vided, be a^'ain dei)osited with the Treasurer of said
city, and shall be a^'ain used for the construction
of other sidewalks and curbinft's in said city. The
money hereinbefore provided for the construction of
curbings and sidewalks shall never, in any way, be
included in anv of the annual budgets of said city,
but it is intended that said money shall be again used
in the construction of sidewalks as rapidly as it is
collected.]
Passed February U, 1913.
Newton H. White,
Speaker of the Senate.
W. M. Stanton,
Speaker of the House of Representatives.
Approved , 19 . . . .
Governor.
Senate Bill No. 236 having been held by the Gov-
ernor for more than five days and returned by him
without his signature, becomes a law without his ap-
proval, as prescribed by the Constitution.
February 19, 1913. Fulton,
Chief Clerk of Senate.
—SI-
CHAPTER NO. 253.
House Bill No. 728.
AN ACT to be entitled "An Act to amend an Act entitled 'An
Act to create a Municipal corporation to be known as the City
of Nashville and to define its rights, powers, duties, and obli-
gations, and to repeal all laws or parts of laws in conflict with
the provisions of this Act,' being Chapter 22, Acts of 1913, by
authorizing said City to make a special tax levy and to raise
funds for granting to certain employees of the Police and Fire
Department of such City, pensions, and to create a Board for
this purpose, and to give it power and authority to make rules
and regulations governing the granting of such pensions."
Section 1. Be it enacted hy the General Assewhly
of the State of Tennessee, That an Act entitled 'An
Act to create a Municipal Corporation to lie known
as the City of Nashville, and to define its rights, du-
ties, powers and ohligations, and to repeal all laws
or parts of laws in conflict Avitli the provisions of this
Act,'' being Chapter 22, Acts of 1913, and the same
is hereby amended as follows :
That the Board of Commissioners is made and
designated for the pension purposes herein enacted,
the Board of Police and Fire Pension Commission-
ers. Said Board is authorized and empowered to
make a special tax \qyj not exceeding one-tenth and
not less than one-twentieth of one mill on each dol-
lar of the value of the taxable property of such City;
provided, hoivever, that the levy of said special tax
herein authorized shall be mandatory upon said
Board of Commissioners.
Section 2. Be it further enaeted, That the follow-
ing employees of the police and fire departments of
such City shall be entitled to a pension under this
Act, to-wit:
1. Such members of the police and fire depart-
ments who have served for a continuous period of
twenty-five years, and who. in the judgment and dis-
cretion of the Board of Commissioners, may not
longer be able to efficiently discharge the duties of
his position, and who have complied with the rules.
—82—
ordinancGs and rt'i^uhiiioiis ^^oveniirift- the police and
fire departments, and the jiension provisions; or
2. If any siieli nKMnl)er of any sncli department
wliile working within the scoi)e of his em])loyment
is crippled or disabled, regardless of the length of
time he has been employed in snch department pre-
vious to his having sustained such disal)i1ity; and
3, Each such member of sucli departments before
he shall be entitk^d to the benefits under this Act,
shall pay annually on or before the first Monday in
November of each year, into the City Treasury, for
said pension fund as follows :
All of the officers of the police and fire depart-
ments of such City shall pay six ($6.00) Dollars an-
nually, on the date aforesaid, and all of the patrol-
men and firemen of the line shall pay Three ($3.00)
Dollars annual 1)^ on the said date, and no policeman
or fireman shall be entitled to any pension who is in
default on said payment.
SECTioisr 3. Be it further enacted, That the said
Board is hereby vested with power and authority to
make all of the necessary rules and regulations for
the purpose of carrying out the provisions of this
Act, and to accomplish the object and purposes
thereof. Said Board shall have exclusive right to
determine in each particular case whether or not
such members of the police and fire de]3artments of
such City, as are embraced in Section 2 hereof, are
entitled to pensions, under the terms and provisions
of this Act.
Said Board shall likewise have exclusive right and
authority to determine the amount such employee
is entitled to as a pension, but in no case shall the
amount so awarded exceed one-half of the salary or
compensation any such employee was receiving from
the City at the time he was placed on the ]3ension
roll by the said Board, and such pension shall cease
at the death of the employee to whom it was
awarded.
Section 4. Be it further enacted, That all revenue
raised on account of the pension fund, whether under
the special tax \evy hereby authorized, or from the
payment of annual assessment, or donations or other
sources, shall be kept by the City Treasurer separate
and apart from all other municipal revenue. Such
—83—
funds shall be known as the 'Police and Fire Pen-
sion Fund,' and the City Treasurer shall keep a sep-
arate book in which he shall enter each item paid out
of such fund on warrants drawn thereon by said
Board. Payments shall be made monthly to the par-
ties entitled thereto, and the City Treasurer shall
make monthly reports to said Board of the amount
expended during each month, and also the balance
left to the credit of the pension fund at the end of
each month.
Section 5. Be it further enacted, That this Act
take effect on October 14, 1913, the public welfare
requiring it.
Passed April 3, 1913.
W. M. Stanton,
Speaker of the House of Representatives,
Newton H. White,
Speaker of the Senate.
Approved, April 8, 1913.
Ben W. Hooper,
Governor.
CHAPTER NO. 265.
House Bill No. 723.
AN ACT to extend the corporate limits of the City of Nashville.
Section 1. Be it enacted hy the General Assembly
of the State of Tennessee, That the corporate limits
of the City of Nashville be so enlarged and extended
as to run as follows:
Beginning on the corporation line of the City of
Nashville on the Easterly margin of Rains Avenue
at the intersection of Morton (Mallory) Street; run-
ning thence Southwardly with the easterly margin of
Rains Avenue to the Northerly boundary line of
property of the State Fair Association; thence loop-
ing around said State Fair property following its
several boundary lines to and across Rains Avenue
—84—
to the westerly margin thereof; thence northwardly
with the westerly margin of said Rains Avenue to
and intersecting with the said corporation line at
Morton (Mallory) Street.
vSectton 2. Be it further ^enacted, That this Act
take effect from and after its passage, the public
welfare requiring it.
Passed April 8, 1913.
W. M. Stanton,
^ Speaker of the House of Representatives.
Newton H. White,
Speaker of the Senate.
Approved April 14, 1913.
Ben W. Hooper,
Governor.
CHAPTER NO. 304.
House Bill No. 731.
AN ACT to be entitled, "An Act to amend an Act entitled, 'An
Act to create a Municipal Corporation to be known as the
City of Nashville, to define its Rights, Powers, Duties and Ob-
ligations, and to repeal all laws or parts of laws in conflict
with the provisions of this Act ' being Chapter 22, Acts of
the General Assembly of the State of Tennessee 1913, by amend-
ing the same so as to provide that certain funds paid into the
Revenue Department shall become accessible during the cur-
rent year, to the orders of the Street Department at once, and
providing for the method of accounting for same."
Section 1. Be it enacted by the General Assembly
of the State of Tennessee, That Chapter 22, Acts of
the General Assembly of the State of Tennessee
1913, which created a municipal corporation known
and designated as the City of Nashville, and which
defines its rights, powers, duties and obligations,
and which repeals all laws or parts of laws in con-
flict with the provisions of said Act be, and the same
is hereby amended as follows, by amending Section
20, of said Act, as follows :
''That said municipality of the City of Nashville
—85—
be and the same is hereby authorized and empow-
ered to direct the Revenue Department to keep a sep-
arate account of all money turned into the Revenue
Department, and which becomes a part of the moneys
of the Street Department, from the Nashville Rail-
way and Light Company, the Nashville Gas and
Heating Company, and for all privileges from
plumbers and others, for excavations, and the said
amounts so received shall be credited to the Street
Department for the use of said Department and the
same shall be subject to use by the Street Depart-
ment in addition to the amount provided by the
Mayor and City Council in the annual budget, during
the current year in which the same are paid in. ' '
Section 2. Be it further enacted, That this Act
take effect from and after October 14, 1913, the pub-
lic welfare requiring it.
Passed April 11, 1913.
W. M. Stanton,
Speaker of the House of Representatives.
Newton H. White,
Speaker of the Senate.
Approved
Governor.
This bill was returned to the House by the Gov-
ernor on April 25, 1913 after having been held by
him more than five days.
Chas, Cason,
Chief Clerk of the House.
—86-
CHAPTER NO. 308.
House Bttj. No. 975.
A BILL to be entitled "An Act to amend an Act entitled 'An Act
to create a Municipal Corporation to be known as the City of
Nashville, and to define its rights, powers, duties and obliga-
tions, and to repeal all laws or parts of laws in conflict with
the provisions of this Act,' by amending Section 42, sub-sec-
tions 9 and 18, by striking out the figures, " 28 " and " 29 "
after the words, "And the provisions of sections " and before
the words ' of this Act shall not apply,' and substituting in
lieu thereof the figures " 26 " and " 28."
Section 1. Be it enacted hy the General Assembly
of the State of Tennessee, That Sec. 42, sub-section
9 and 18, of Chapter 22, Acts of 1913, being an Act
to create a municipal corporation to be known as
the City of Nashville and to define its rights, pow-
ers, duties and obligations, be amended by striking
out the figures "28" and "29," after the words
"and the provisions of sections," and before the
words "of this Act shall not apply," and substitut-
ing in lieu thereof the figures "26" and "27."
Section 2. Be it further enacted, That this Act
take effect from and after October 14, 1913, the pub-
lic welfare requiring it.
Passed April 11,*^ 1913.
W. M. Stanton,
Speaker of the House of Representatives.
Newton H. White,
Speaker of the Senate.
Approved
Governor.
This bill was returned to the House by the Gov-
enior on April 25, 1913 after having been held by
him more than five days.
Chas. Cason,
Chief Clerk of the House.
—87—
CHAPTER 158.
Senate Bill No. 190.
AN ACT to be entitled "An Act to authorize the Mayor and City
Council of Nashville, a municipality organized under the Acts
of the General Assembly passed March 21, 1883, and approved
March 27, 1883, and subsequent amendments thereof, to issue
bonds for the construction of sidewalks and curbing in said
city when authorized by the Mayor and City Council of Nash-
ville, and to provide for the manner of the expenditure of the
proceeds of the sale of such bonds and for the collection there-
of from the owners of real estate in front of which such side-
walks or curbings have been constructed."
Section 1. Be it enacted by the General Assembly
of the State of Tennessee, That the Mayor and City
Council of Nashville, a municipality organized un-
der the Acts of the General Assembly of the State
of Tennessee, being Chapter 114 of the Acts of 1883,
is hereby empowered, in its corporate capacity and
under the provisions of the Act referred to and sub-
sequent amendments thereof, to issue bonds of the
said city, signed by the Mayor and countersigned
by the Recorder, with semiannual interest coupons
attached, v/hich shall be signed by the Treasurer of
said city, to an amount not exceeding fifty thousand
dollars.
Sec. 2. Be it further enacted, That the bonds here-
in provided for may be executed in denominations
from one hundred dollars to one thousand dollars,
and they shall mature and be redeemable at such
time within thirty years as may be prescribed by
the corporate ordinance authorizing the issuance of
said bonds. Said bonds shall bear a rate of interest
not exceeding four and one-half per cent per annum,
payable semiannually.
Sec 3. Be it further enacted, That said issue of purposes,
fifty thousand dollars of bonds shall be known as
"Sidewalk and Curbing Construction Bonds," the
proceeds of which shall be deposited with the Treas-
urer of the Mayor and City Council of Nashville to
the credit of the Board of Public Works of such city,
and shall constitute a separate fund, to be used ex-
—88—
clusively in the construction of cur)}ings and side-
walks in the city of Nashville. Said Board of Pub-
lic Works shall have the power to expend such fund
or any portion thereof for the purposes herein pro-
vided in such manner as they shall deem proper and
without the necessity of the passage of an ordinance
authorizing the same; provided, however, that no
portion of said bonds shall be expended by said
Board of Public Works until a notice has been pul)-
lished tliree times in one of tiie daily papers pu))-
lished in said city directing the owners of the prop-
erty in front of which, it is necessary to constinct
such sidew^aiks and curbing to proceed to construct
tile same in accordance with the plans and specifica-
tions therefor prepared by said Board of Public
Works and within thirty days from the date of the
first of said notices: Said notices shall give the
name of the owner of the property in front of which
such curbing or sidewalk is directed to be con-
structed, and also the number of front feet of said
lot, and the number of the lot and the plan thereof,
if there be such. But any mistake as to the name
of the owner of any such lot or the number or de-
scription of said lot shall in no wise invalidate or
effect the lien upon said property for the sum of
money expended in the construction of such side-
walk and curbing.
Sec. 4. Be it further enacted, That if after the ex-
piration of thirty days from the publication of the
first of said notices such owner shall have failed to
construct the sidewalk or curbing as commanded in
said notice, said Board may proceed to construct the
same in like manner as other contracts for public
improvements are entered into by said Board,
Sec. 5. B-s it further enacted, That a list of the
given owner scvcral suuis of moucv expended by said Board in
due'by^him. tlie coustruction of sidewalks and curbing shall, as
soon as said work of construction is completed, be
immediately delivered to the Comptroller of said
city, who shall enter the same upon his sidewalk
book, and shall, within ten days after the receipt of
such list from said Board of Public Works, mail to
the owner or the agent of the owner of each of the
lots of ground in front of which said sidewalk or
curbing have been constructed a notice specifying
Notice to be
—89—
the amount of money that is due for such construc-
tion and reciting that tlie same must be paid within
ninety days from that date. If said sum sof money
have not been paid at the expiration of said period
of ninety days, it shall be the duty of said Comp-
troller to deliver to the City Attorney of said city
a list of all such delinquents, and it shall be the duty
of the City Attorney to immediately and without Delinquent
further notification to the owners of said property ^'^*'
l)roceed to collect such sums by attachment sued out
l)efore a Justice of the Peace as other liens are en-
forced. It is hereby intended that said sums of
money, together with all interest, costs, and charges,
shall constitute a lien upon such lot or parcel of
ground, which shall be enforced as hereinbefore pro-
vided.
Sec. 6. Be it furtJier etmcted, That all moneys ex-
pended for the construction of curbing and side-
walks out of the proceeds of the bonds whose issu-
ance is here authorized shall, when collected from
the person, firms, corporations upon whose prop-
erty such cost of construction shall have become a
lien as heretofore provided, be again deposited with
the Treasurer of said city, and shall be again used
for the construction of other sidewalks and curb-
ings in said city. The money hereinbefore provided
for the construction of curbings and sidewalks shall
never, in any way, be included in any of the annual
budgets of said city, but it is intended that said
money shall be again used in the construction of
sidewalks as rapidly as it is collected.
Sec. 7. Be it fwrther enacted, That none of the ordinance by
bonds hereinbefore authorized shall be issued for ^^^^ council.
any purpose without the passage of an ordinance
through the City Council, approved by the Mayor,
specifying the purpose for which said bonds are
asked to be used and directing an election to be held
by the qualified voters of the city of Nashville "for"
or "against" the issuance of said bonds, as pro-
vided by the charter of said city, said election to be
held in conformity with said charter and under the
general election laws controlling the holding of elec-
Sec. 8. Be it further enacted, That none of said
bonds authorized to be issued by this Act shall be
—go-
sold, exchanged, or disposed of for less tliaii their
par, or face value. '
Skc. 9. Be it furthor enacted, That this Act shall
take eifect from and after its passage, the public
welfare requiring it.
Passed March 19, 1907.
E. G. TOLLETT,
Speaker of the Senate.
John T. Cunningham, Jr.,
Speaker of the House of RepreS'Sntatives.
Approved March 21, 1907.
Malcolm R. Patterson,
Governor.
CHAPTER 131.
House Bill No. 128.
AN" ACT entitled An Act to amend an Act passed March 19, 1907,
being Cliapter 158 of tiie Acts of 1907 entitled "An Act to au-
thorize the Mayor and City Council of Nashville, a municipal-
ity organized under the Acts of the General Assembly of the
State of Tennessee, passed March 21, 1883, and approved March
■ 27, 1883, and subsequent amendments thereof," to issue bonds
for the construction of sidewalks and curbings in said city and
authorized by the Mayor and City Council of Nashville, and to
provide for the manner of expenditure of the proceeds of the
sal9 of such bonds, and for the collection thereof from the own-
ers of real estate in front of which such sidewalks or curbings
have been constructed.
Section 1. Be it enacted by the General Assembly
of the State of Tennessee, That Section 5 of Chapter
158 of the Acts of 1907 be amended as follows: By
striking out all of said section commencing with the
words "by attachment sued out" to the conclusion
of said section, said words being immediately pre-
ceded by the words "to collect such sums." and be-
ing in the eighth line enumerating from the bottom
of said section, and inserting in lieu thereof the fol-
lowing words: "By bill in the Chancery Court of
Davidson County. Such bill mav include as many
—91—
as twenty-five (25) distinct pieces or tracts of land,
the owners thereof being made defendants to the
bill, and such cause shall not be subject to objection
for misjoinder by reason of the distinct interest that
several of the defendants have in the property pro-
ceeded against, and all parties necessary to enable
the court to enforce the lien and to divest the title
and invest the same in the purchaser may be made
party defendant; and should any person interested
pay after bill filed and before sale of land, the May-
or and City Council of Nashville shall dismiss the
suit as to the persons and property included in said suu may be
payment; provided, the persons so paying the taxes dismissed.
or assessment shall pay his, her, or its just propor-
tion of the cost accrued in said cost to the date of the
payment; and it is, therefore, provided that the fil-
ing of this bill shall in no way defeat the rights of
the Mayor and City Council to the lien as before
established, such bill being filed for the purpose of
enforcing the same. Said bill herein provided for
shall be in substance and in form same as other bills
filed in the Chancery Court for the purpose of fore-
closing and enforcing liens and collecting taxes, as-
sessments, or money due and for divesting title and
making a title, but no defendants shall be entitled to
a copy of the bill without applying to the Clerk and
}:>aying for such copy, nor shall it be necessary that
all defendants' names be included in the copy of the
subpoena to l)e left with said defendant, or in publi-
cation for nonresidents. Said cause shall be at is-
sue as to any defendant when he, her, or its answer
is filed or pro confesso has been taken, and the cause
may be proceeded with by or against any one or
more of the defendants until final judgment, sale,
and confirmation thereof without in any way affect-
ing any other party to the suit.
"Any party to the bill shall have the right to ap-
peal to a Supreme Court or to a writ of error, and
such bill shall not effect proceedings as to other par-
ties.
"It is hereby intended that said sums of money j^.^^^g
•c3xpended under this Act, together with all interest,
costs, and charges, shall be and constitute a lien
upon the fee in said lot or lots or parcels of ground
immediately hereunder and not merely upon the in-
cation.
—92—
terest of the ])erson or persons to whom said assess-
ment and levy may be made, ])ut to any and all other
interests in said property, whether in reversion, re-
mainder, or any estate of any nature whatsover,
and said assessment shall not be invalid on account
of said assessed property having been leased or the
assessment made against any one as owner or own-
ers not the o\\mer or owners, or where the owner or
owners are unknown. The said lien shall be prior
and superior to all other liens or incumbrances of
any nature whatsoever, except State, county, and
municipal taxes.
„ ,,. ,. „ "Said liens shall attach when the Board of Pub-
andspecifi- ]\q Works shall have ordered a notice of publication
to be made directing the owner or owners of the
property in front of which it is necessary to con-
struct such sidewalks and curbings to proceed to con-
struct same in accordance with the plans and speci-
fication prepared by the Board of Public Works, and
said order shall be entered upon the minute book of
the Board of Public Works, and shall become a no-
tice and fix the lien as to all parties who may have
acquired prior thereto any title, right, or interest
in or to said lot or parcel of ground, or who may
acquire any such title, right, or interest subsequent
thereto
"The City Attorney is authorized to have an ab-
stract of the title made to such lot or lots or parcels
of ground and the expense or interest thereof
charged as an item in the collection of said assess-
ment."
Sec. 2. Be it further enacted by the General As-
sembly of the State of Tennes&ee, That this Act take
effect from and after its passage, the public welfare
requiring it.
Passed February 15, 1911.
A. M. Leach,
Speaker of the House of Repres-entatives.
N. Baxter, Jr.,
Speaker of the Senate.
Approved February 18, 1911.
Ben W. Hooper,
Governor,
—93-
INDEX TO CHARTER.
(References to sections, sub-sections, and pages.)
Section. Page.
ABUTTING PROPERTY PAVING LAW.
Abstract, item of cost in assessment 42 (8)
Accounts, improvement funds, how kept 42 (14)
Appeals from chancery sales, how taken 42 (8)
Assessments due thirty days from completion 42 (7)
Assessments payable five annual installments 42 (7)
Authority of enforcing improvements, in Board 42 (1)
Bonds of abutters, form of 42 (9)
Bonds of abutters, fund account, how kept 42 (9)
Bonds of abutters, how called 42 (9)
Bonds of abutters, liquidated, special tax levy 42 (9)
Bonds of abutters, ordinance, how enacted 42 (9)
Bonds of abutters, covers assessment of 42 (9)
Bonds of abutters, retired before maturity, how 42 (9)
Bonds of abutters, sale, how made 42 (9)
Bonds of abutters, not afifected by errors 42 (13)
Bonds, city's pro rata, one-third 42 (18)
Book, " special assessment " kept 42 (8)
Bought in by Commissioner of Finance, etc., for 42 (17)
Chancery Court jurisdiction to enforce payment 42 (8)
City Attorney, abstract ordered by ; 42 (8)
City Attorney, collects 42 (8)
Confirmation of assessment, one reading 42 (6)
Confirmation final fixing of costs .^ 42 (6)
Confirmed by ordinance 42 (3)
Contract for improvements, let how 42 (3)
Costs apportioned, how 42 (4)
Costs assessed, two-thirds to abutters 42 (4)
Costs of city's part, provided 42 (18)
Costs of improvements, include wliat 42 (4)
Costs of paving between tracks 42 (5)
Costs protested by abutters, how 42 (6)
Coupons, form of 42 (9)
Delinquent installments for sixty days 48 (8)
Errors corrected 42 (6)
Errors do not invalidate assessment 42 (6)
Evidence, '" Special Assessment Book " 42 (16)
Funds collected, kept in special accounts 42 (14)
Gas, water pipes, and conduits, put in, how 40 (11)
Hearing remonstrances, advertised two weeks 42 (2)
Improvements authorized, what 42 (1)
Interest and penalty on delinquent payments 42 (7)
Invalidities localized 42 (19)
Jurisdiction to enforce in Board 42 (1)
Lien attaches, when 42 (8)
Lien is upon the fee 42 (8)
Lien, minute book is notice of 42 (8)
Lien priority, order of 42 (6)
Localizes invalidities on assessment Act 42 (19)
—94—
Section. Page.
Notice of hearing on assessment of costs 42 (6) 53
Notice of remonstrances or protests 42 (2) 50
Objections waived 42 (7) 55
Ordinance authorizing improvements 42 (2) 49
Payments of assessment, made how 42 (7) 55
Penalty and interest on delinquent payment*; ^2 C^^ -'^
Petition of two-thirds abutters to pay total cost 42 (15) 67
Prorating cost of assessment, hearing 42 (6) 53
"Public Improvement Account," at bank 42 (14) 66
Quit claim for debt 42 (17) 68
Rails removed and replaced 42 (10) 63
Railway tracks in street, paving paid how 42 (10) 62
Remon.strance, action, what may be taken 42 (2) 50
Remonstrance advertised two weeks 42 (2) 50
Remonstrance against what 42 (2) 50
Streets, etc., to be improved, designated 42 (2) 49
Special assessment books kept 42 (16) 66
Specifications, etc., estimates on file 42 (2) 50
Tax levy to pay bonds ordered, if necessary 42 (12) 64
Treasurer keeps account 42 (14) 65
Treasurer liable for keeping of funds 42 (14) 66
Title under sale enforcing payment in bar of equity 42 (8) 56
Vouchers on " Public Improvement Account " 42 (14) 66
ANIMALS.
Cruelty to 30 (25) 26
Jurisdiction over Humane Commission 40 43
Pound for 30 (12) 24
Running at large 30 (12) 24
APPEALS FROM CITY COURT.
Fines $10, and under, none allowed 33 31
Fines over $10, granted 33 31
APPROPRIATIONS.
Contracts, no interest in whatever 15 12
Diverting appropriations penalized 20 16
Expenditures $500, and under, how authorized 16 12
Expenditures more than $500, how authorized 16 12
Expenditures, ofBcial interest in, prohibited 16 12
Hospital expenditures over $500 41 48
Hospital expenditures under $500 41 48
Hospital expenditures under $150 41 48
Humane Commission expenditures, how made 40 45
Park Commissioners' expenditures, how made 39 (5) ' 41
Schools for $500, more and less than, how made 38 38
School purposes, by Board of Education 38 38
Sinking Fund, etc., cannot be diverted 27 20
ASSESSMENTS FOR TAXES.
Commissioner of Finance, etc., has authoritj- 36 35
Erroneous assessments corrected, how 36 35
Omitted property assessed, how 36 36
Privileges same as State 36 35
Real, personal, and mixed propert}- subject to 36 35
BOARD OF COMMISSIONERS.
Annual report of Board of Commissioners 28 21
Appropriations for municipal enterprises, made b\^ 30 (4) 23
—95—
Section. Page.
Bonds of officials 14 11
Commissioner of Finance, etc., Tax Assessor 36 35
Commissioner of Finance, etc., Tax Collector 36 35
Compensation, salaries of 8 8
Corrupt practices 42 IZ
Department of Finance, Lights, and Market House 4 6
Department of Fire, Sprinkling, and Building Inspector... 4 6
Department of Public Affairs, Police, and Health 4 6
Department of. Streets, Sewers, and Sidewalks 4 6
Department of Waterworks, Street Cleaning, and \\'ork-
house 4 6
Duties classified by 9 9
Duties authorized and powers distributed among 11 10
First, composed of whom 4 6
Former ordinances in force, as to 49 74
General election of, when 4 6
Jurisdiction of, how determined 12 10
Legislative, etc., powers vested in 3 5
Liability against funds of city created when by 24 18
Mayor fills vacancies in office, wdien 43 72
Meetings, business lawful to be transacted 14 11
Meetings, regular and special, when held 14 11
]\Ieetings, special, how called 14 11
Minutes of proceedings kept 14 11
Monthly reports by each, to Board 28 21
Nuisances declared by ordinance, by 38 (28) 26
Oath of office 8 9
One office. only, one salary only 19 15
Property of city, sold how 31 27
Quorum, three members constitute 14 11
Reports biennially made, bonds bought 27 20
Rules for each department made hy, how 28 21
Six months between franchises and other elections 26 18
Succeeding, who is 4 7
Sworn into office, when 4 6
Terms of office 4 6
Vacancies, who presides in lieu of 13 11
Vacancies in office, filled how 43 72
Vacancies Commissioners, filled how 13 10
BONDS.
Abutting improvement contractors' bonds 42 (3) 51
Abutting improvement abutters' issue 42 (9) 58
Abutting improvement abutters' bonds (see title, "Ahiitting
Property, Etc.")
Abutters' and city's pro rata costs bonds 42 (18) 68
Abutting tax levy to retire 42 (12) 64
Appointive offices and employees 17 14
Approval of, for 18 15
Bonds of Commissioners, what 14 11
Book for keeping in 18 15
Called for redemption or payment 27 20
Cancel, posted in book 21 20
Commissioners" filed and recorded 14 12
Errors validated 42 (13) 65
Funding bonds, referendum not necessary. . 26 18
General improvement (see title, "Abuttinn; Improvement,
Etc.") '. .-.. .
Hospital Commissioners' bonds 41 45
—96—
Section. Page.
Interest ceases from what date 27 20
Park Commissinncrs' official bonds 39 (2) 39
Quarterly pnrcliase of bonds, with approval 27 19
Redeemed from Sinking Fund 27 19
Report biennially bonds bought 27 20
Refund and bonds, no referendum 26 IR
Streets, etc., six months election between 26 IR
BUDGET.
.\mount not to exceed annual C(illcctir)n 22 17
.A^nnually prepared and published 20 15
Balances carried over 22 17
Bonds, proceeds from, not included in limit 22 17
Current collections for repairs 20 16
Diverting appropriation penalized 20 16
Estimates of each department itemized 20 15
Made up, how 20 15
Misdemeanor to exceed 20 16
Ordinance, apportioning to departments 20 16
Sinking Fund cannot be transferred 22 17
Transfers from one to another department 22 17
BUILDINGS.
City can erect, what 30 (4) 23
Condemned houses torn down 30 (20) 25
Fire engine halls 30 C4) 23
Schoolhouscs, houses of correction, etc 30 (19) 25
Transfer from former to present corporation 47 73
Workhouse, etc 30 (19) 25
CANDIDATES.
(See " General Elections," " Primary Elections.")
CHARTER ACT.
Complete system 48 74
Definitions 45 73
Public .^ct 46 73
Repealing section, former charter 52 74
CITY OF NASHVILLE.
Boundaries same as formerly- 1 5
Boundaries enlarged in 1913 S3
Corporation created .• 1 5
Corporate powers 2 5
Takes effect 53 75
CHANCERY COURT.
Enforced how, sidewalk 53
Sidewalk assessments collected through 54
Street improvement assessments collected through 42
Taxes collected through 36
CITY ATTORNEY.
Abutting property assessment, collected by, when 42
Elected how 17
Nominated how 1"
Salary fixed by Board 17
Sidewalk assessment, collected by 55
(3)
78
(3)
78
(8)
56
36
(8)
57
15
15
14
(1)
78
—97—
Section. Page.
CIVIL SERVICE.
Charges in writing and preferred how 34 31
Commissioners compose Board 34 31
Employees under what 17 15
Examinations held in April and October 34 32
Inquisitorial powers 34 34
Journal of action kept 34 32
Meetings held how often 34 32
Political or religious affiliations, not tried for 34 31
Quorum, three members constitute 34 32
Rules and regulations made 34 31
Subpoena or summons, power to enforce .-34 32
Superintendent of City Hospital, under 41 46
Surgeon of City Hospital, under 41 46
To whom applies 34 33
CITY COURT.
(See "Judge of City Court ") 33 30
CITY PROPERTY.
How to hold and to sell 2 5
Transfer from old to new corporation 47 73
COMMISSIONERS.
Annual report of each department 28 21
Compensation, no additional 15 12
Compensation fixed by Act 8 8
Corrupt practices prohibited 44 73
Departments distributed 4 6
Duties of each Commissioner 9 9
Election of 4 6
Finance, Lights, and Market House is Tax Assessor 36 35
Finance, Lights, and Market House keeps Park Account. . . 39 (5) 42
Monthly reports of each department 28 21
Nominations 17 7
Powers to interpret duties 12 10
Reports of Sinking Fund and bonds bought 27 20
Rules of each department, made how 28 21
Constitutionality of Act, invalidity of one section does not
afifect another 50 74
CONTRACTS.
Abutting improvements, how let 42 (3) 51
Advertised when for more than $500 16 12
Affidavit showing parties at interest 16 13
Alterations must be in writing 16 13
Authority to advertise, how 16 12
Convict labor cannot be employed 16 12
Domestic contractors favored 16 13
Expenditures under $500, approved how 16 12
Extras must be agreed to in writing 16 13
Filed in office of Board of Commissioners 23 18
Liability created only against funds in budget 22 17
Made in corporate name of the city 23 18
No interest in any official letting 15 12
No interest in any relative of Board letting 16 12
Payment on, not made until affidavit filed 16 13
Seal and signature to, what necessary 23 18
7
—98—
Section. Page.
CONVICT LABOR.
iMiiplnycd nut in city work 16 12
CRUELTY TO ANIMALS.
Humane Commission has jurisdiction 40 43
Punishable under ordinance 30 (25) 26
CORRUPT PRACTICES.
Promises, etc., of employment 44 73
CUMBERLAND RIVER.
Wiiarves, landings, etc., kept and regulated 30 (13) 24
DIGEST OF ORDINANCES.
Published when, and what ■ 25 18
DISORDERLY CONDUCT AND^HOUSES.
Prohibited and regulated 30 (6) 23
To provide punishment and arrest. 30 (7) 23
DONATIONS AND FESTIVITIES.
Credits, gifts, etc., prohibited 31 27
EDUCATION, BOARD OF.
Budget of school expenses transmitted 38 37
Budget provided for schools, by 20 15
Chairman of Board, selected b}^ 38 37
Condemnation of school sites, General Act, 1913
Expenditures within budget 38 38
Meetings of Board 37 37
Members, qualifications of, elected how 38 37
Members, nine compose Board 38 37
Members, nominated by '38 37
Oath of members of Board 38 37
Over $500 salaries, except authorized, how 38 38.
Quorum is five members 38 37
Rules made b^^ for 38 38
Rules for schools, how made 38 38
Salaries fixed by, how 38 38
School property controlled by 38 37
School fund not diverted 27 19
School tax, special, authorized 21 17
State and county school tax paid by Trustee, to whom 38 38
Term of office fixed by ordinance 38 7)1
Under $500 appropriated by 38 38
Vacancies filled, how 38 37
ELECTIONS.
(See '■ General Elections," " Primary Elections," " Special
Elections.")
ELECTRIC LIGHT PLANT.
Electric light plant authorized 30 (24) 26
EVIDENCE IN COURTS.
Charter is public Act , 46 73
Ordinance, etc., how- approved and passed 14 11
Ordinance, how proved 14 11
Special assessment book or copy 42 (16) 67
—99—
Section. Page.
EMINENT DOMAIN.
Parks authorized and condemned, how. 30 (23^^^ 26
Parks authorized and condemned, how '. 39 .^^(2) 40
School site purposes, General Acts, 1913 ^
Workhouse, station house, etc 30(4,19) 23.25
EXPLOSIVES AND COMBUSTIBLES.
To regulate and prohibit storage of combustibles 39 24
To regulate and prohibit dangerous business 38 24
FINES AND PENALTIES.
Appeals grantable when fined over $10 33 30
Appeals not allowed when fined $10 or under 33 30
Humane laws for violation, go to 40 44
Over $50 not allowed 30 (18) 25
FINANCE, LIGHTS, AND MARKET HOUSE COMMISSIONER.
Abutting propert3% "Separate Account" kept 42 (14) 66
Abutting property funds, separate deposit 42 (14) 66
Abutting property, "Special Assessment" book kept 42 (8) 55
Assess propert}' for taxation, by 36 35
Bonds, called in and paid 27 20
Bonds, canceled and pasted in book 27 20
Duties of his department 9 9
Election, date and regulations 4 6
Hospital, account kept by 41 47
Hospital funds paid out, requirements 41 48
Humane, account, separate, kept by 40 44
Jurisdiction, interpreted, how 12 10
Nominated, how 7 7
Omitted property, assessed by 36 36
Park, account, separate, kept by 39 (5) 42
Police and Firemen's Pension Fund Account 54 (4) 76
Powers, how classified 9 9
Recall, rules and procedure for 32 27
Report of bonds bought 27 20
Report of department, annual 28 21
Report of department, monthly 28 21
Rules of department, made by 28 21
Salary 8 8
Sidewalk, account, separate, kept bj' 55 (1) 77
Sinking Fund, account, separate, kept by 27 19
Tax Assessor, acts as or appoints 36 35
Tax Collector, acts as or appoints 36 35
Treasurer, acts as or appoints 36 35
FIREMEN.
Civil service, under 17 15
Employed, how 17 14
Salaries fixed 17 14
FIRE ESCAPES.
Fire escapes erected and enforced by 30 (22) 25
FORESTALLING AND REGRATING.
Fiiod inspection of, restraining, etc 30 (11) 24
FORMER OFFICIALS ELECTED.
Hold unexpired terms 51 74
■^100—
Section. Page.
FRANCHISES.
Election ordinance, final passage ninety days 26 18
' Expenses for submitting, how paid 26 19
Extensions of existing, by majority 26 18
Franchises granted under Section 27 30 (15) 24
Renewal of, not before one year prior to expiration 26 18
FRONT FOOT ASSESSMENT LAW.
(See "Abutting Property Paving Law.") Page of Index. . 93
GAS PLANT.
Gas plant authorized 30 (24) 26
GENERAL ELECTIONS.
Bond or franchise ordinance submitted, how 26 18
Candidates must be nominated in primary 7 7
Corrupt practices 44 73
Franchises and bonds submitted at 26 18
Property qualification of voter 5 7
Registered under State laws 5 7
Registration, supplemental 7 8
Recall, election 32 27
State laws, election held under 5 7
Tie vote, re-referred to people 6 7
Voters' qualifications 5 7
GENERAL POWERS AND LIABILITIES.
Legislative, etc., and quasi-judicial 3 5
Liabilities, limitations, and powers 2 5
HEALTH.
City Health Officer, qualifications 37 36
Health Department under Mayor 37 36
Health regulations, quarantine, etc 30 (3) 22
Nuisances declared and abated by 30 (3) 22
Rules and regulations made by 2)7 36
Sanitary Disinfector, office of 35 35
HOLD-OVER ELECTIVE OFFICERS.
All elective unexpired terms hold over 51 74
HOME INDUSTRIES.
Contractors favored when equal 16 13
HOSPITAL COMMISSION.
Appropriations from special and ordinary tax 41 47
Bond of members of 41 45
Budget includes annual appropriations and collections 41 48
Created five members, citizenship 41 45
Civil service under, who 41 46
Compensation of members, none 41 45
Elected and nominated, how 41 45
Employees, employed and salaries fixed by 41 45
Expenditures not over $150, made how 41 48
HOSPITALS.
How to establish and maintain 30 (3) 22
Illegal payment can be recovered 41 49
Internes, appointed how 41 47
—101—
Section. Page.
Medical staff, no salary 41 46
Members, nonmedical qualifications 41 45
Monthly detailed reports, made to 41 48
Over $500 appropriation, made how 41 48
Nurses' and employees' salaries, fixed how 41 46
Oath of members, what 41 45
Pay patients, clinical fees, revenues, kept how 41 47
Removal for cause, after notice and hearing 41 45
Reports made quarterly, to whom 41 47
Rules and regulations, made how 41 46
Salaries fixed between limits 41 46
Separate account of all revenues collected 41 47
Superintendent, employed by 41 46
Superintendent controls surgical and medical work 41 47
Surgeon employed and salary fixed by 41 46
Surgeon's qualifications 41 46
Tax levy, special, for one-third of one mill 41 48
Term of office during good behavior 41 45
Vacancies, filled how 41 45
Vouchers signed by Chairman 41 48
HUMANE COMMISSION.
Appropriations over $500 made how 40 45
Created of five members, no pay 40 43
Cruelty to animals and children, jurisdiction over 40 43
Cruelty to animals. Humane Commission regulation 30 (25) 26
Fines set apart to credit of 40 44
First Board, who composes 41 43
Funds included in ordinary tax levy 40 44
Humane officers, employed how 40 44
Mayor's jurisdiction extends to, when 40 44
Nominated how, elected how 40 43
Ordinance against cruelty to animals 40 44
Ordinance against cruelty to children 40 44
Officers appointed and salaries fixed 40 44
Officers employed, by whom 40 44
Property acquired and controlled by 40 44
Qualifications of 40 43
Reports made quarterly 40 45
Rules for government, made how 40 43
Salaries fixed between limits 40 44
Term of office fixed by ordinance 40 43
Vacancies, filled how 40 43
Vouchers signed by Chairman and Secretary 40 44
INSPECTIONS.
Coal, lumber, hay, etc 30 (10) 24
INTERPRETATION OF ACT.
Abutting improvement errors localized 42 (19) 72
Commissioner defined 45 73
Complete system of government 48 74
Invalidities in the Act localized 50 74
JUDGE OF CITY COURT.
Appeals $10 and under, not allowed 33 30
Appeals over $10 to the Circuit Court 33 30
Pardons, power to grant 33 30
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Qualifications of 33 30
Term of office of 33 30
Oath of office 33 30
Jurisdiction and powers 33 30
LEGISLATIVE POWERS.
General welfare powers, residuary in 30 (28) 26
Vested in Board of Commissioners 30 22
LIENS.
Abutting improvements for '. 42 (6) 54
Abutting improvement lien attaches, when 42 (8) 57.
Abutting improvement, enforced how 42 (8) 56
Minute book notice of abutting improvement 42 (8) 58
Priority of sidewalk 55 (3) 79
Sidewalk 55 (3) 79
Taxes ordinary and extraordinary 21 16
MAYOR.
Absence, disability or vacancy, filled how 14 11
Department, head of which 4 6
Duties classified 9 9
Duties defined 10 9
Head of government 10 9
Head of Police Department 10 9
Head of Health Department 10 9
Nomination, candidate for, how filled 7 8
Oath of office 8 9
Sworn in, when 4 6
Salary 8 8
Term of office, how long, when commences 4 6
Vacancies filled by, when and what 43 72
NUISANCES.
Abated within one-mile radius of city , 30 (3) 22
Declared and enforced 30 (3) 22
Expenses for abating, collected how 30 (3) 22
OFFICES.
Abolished by majority vote 17 14
Bonds of appointive employees, fixed how 18 15
Created by majority vote 17 14
Compensation not by law, fixed how 17 14
City Attorney, nominated and elected how 17 15
Civil service applicable to what offices 17 15
How nominated, how filled 17 15
One office only by any one official 19 15
Rejection renders ineligible for one year 17 14
Tax Assessor, elected how 36 35
ORDINANCES, RESOLUTIONS, AND ORDERS.
Abutting improvements 42 (2) 49
Abutters' bond ordinance, enacted how 42 (9) 59
Ayes and Noes recorded in minutes 14 11
Bond and ordinance lies over ninety days 26 18
Budget adopted by ordinance 20 16
Caption of ordinance 29 22
Digest of ordinances, published how often 25 18
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Section. Page.
Evidence of, what is 14 11
Franchise ordinance lies over ninety days 26 18
Journal kept of vote 14 19
Passed how 29 22
Present existing adopted as a whole 49 74
Punishments for breach of authority 30 (18) 25
Referendum requirements 26 18
Three readings on three days 29 22
Welfare clause, otherwise effective in twenty days 29 22
PARDONS.
City Judge has power.
33
30
PARK COMMISSION.
Board of, created five members 39
Bond for $10,000, filed with whom 39
Books of Account kept and open to inspection 39
Budget submitted to Board of Commissioners 39
Chairman of, selected how 39
Compensation of, none 39
Care, management, and control vested in 39
City Court has jurisdiction to preserve order in 39
Condemnation of property for parks, method 39
Condemnation of property for parks 30 (
Employees, etc 39
Expenditures made within its funds 39
Funds belonging to 39
Gifts, donations, etc., for park purposes 39
Liens, vendor's, for deferred payments 39
Location of parks, power to 39
Notes of indebtedness for purchase of parks 39
Oath of, taken 39
Ordinances and rules, power to make for parks 39
Organize Board, how 39
" Park Account," kept separate 39
" Park Property," defined 39
Present Board continued in office 39
Police or agents of park may arrest 39
Police, special, under Park Board 39
39
39
30 (
39
39
39
39
39
39
39
39
39
39
39
Property for parks, acquired' how.
Qualification of members
Parks or playgrounds, regulation of use
Payments deferred, made how
Punishment violation of rules, regulating use,
Report to Commissioners in December
Salary of Secretary and duties, what
Secretary selected for one year, how
Sold property, by
Tax levied for parks, special
Term of office, five years
Title to property in Chairman, when
Title to property in city when fully paid for. . ,
Vacancy, how filled
PENSIONS.
Account pension revenues 54
Board created, who 54
Dues, amount, when paid 54
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2)
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5)
2)
2)
4)
4)
3)
6)
5)
5)
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4)
7)
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3)
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6)
2)
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3)
5)
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3)
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38
39
42
42
39
39
40
41
40
25
41
41
42
40
40
40
40
39
41
38
42
43
38
41
43
40
38
24
40
41
43
39
39
40
42
38
40
39
38
76
75
75
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Section. Page.
Firemen and police authorized 54 (1) 75
Powers of Board 54 (3) 76
Tax levy for, special 54 (1) 75
What pension 54 (3) 76
Who entitled 54 (2) 75
PRIMARY ELECTION.
Candidates, names, how gotten on ballot 7 8
Candidates, qualifications necessary, what .■ 8 8
Corrupt practices 44 73
Laws under which it is held 7 8
Officers, judges, and clerks at, who shall be 7 8
Place, date, hour of holding 7 8
Registration, supplemental and regular 7 8
Voters, qualifications same as general election 7 7
PRIVILEGES.
Licenses, occupations, etc., taxed how 30 (5) 23
POLICE FORCE.
Department of Public Aflfairs, Police, and Health, under. ... 9 9
Duties and jurisdiction 35 33
Humane officer, appointed how, etc 40 44
Humane officers, powers of police 40 44
Humane officers, detailed by Mayor 40 44
Jurisdiction over parks, coordinate with 39 (4) 41
Mayor controls and nominates 17 15
Parks, jurisdiction coextensive with park police 39 (4) 41
Park police under Park Commission 39 (7) 43
Police force authorized 30 (27) 26
Salaries, fixed 17 14
Sanitary Inspector, member of 35 35
PUBLIC ACT.
Charter Act is a Public Act 46 73
PUBLIC UTILITIES.
Power to grant in Board 30 (15) 24
Rights of way in streets, how granted 26 18
QUARANTINE LAWS.
Extends within a radius of ten miles about the city 30 (3) 22
RECALL PROVISIONS.
Amended petition, how and when made 32 27
Call, filed, etc., how 32 28
Candidates receiving highest vote 32 29
Election Commissioners, petition filed with 32 28
Election on recall, ordered by 32 29
Impeachment, cumulative remedy 32 29
Petition for, necessary requisites 32 27
Six months, not sooner than, can be filed 32 29
Successor of recall officer holds unexpired term 32 29
REFERENDUM CLAUSE.
Bonds and franchises 26 18
Sale, lease, or disposal of public utility, submitted 31 27
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Section. Page.
REGISTRATION OF VOTERS.
General elections , 7 8
Primary elections 7 8
Property qualification 5 7
REPORTS.
Commissioners, annually and monthly 28 21
Hospital Commissioners, quarterly 41 47
Humane Commissioners, quarterly 40 45
Park Commissioners, report in December 39 (6) 43
Sinking Fund and Bonds, biennially 27 20
SALARIES.
Additional, neither city, county, nor State 15 12
Board's, fixed by law 8 8
Board iixes, of all employees 17 14
By whom determined 17 14
City Attorney 17 14
City employees 17 14
Education Board, none 38 37
Education Board, employees 38 38
Education Board, superintendent, etc 38 38
Hospital Board, none 41 45
Hospital Board, employees, etc 41 46
Hospital Board, superintendent, etc 41 46
Hospital Board, surgeon ,. . . . 41 46
Humane Board, none 40 43
Humane Board, officers and employees 40 44
Laborers' wages, fixed how 17 14
Mayor's fixed by law 8 8
One position only, one salary 19 15
Park Board, none 39 (2) 39
Park Board, employees, etc 39 (4) 41
Park Board, secretary 39 (2) 39
Police and firemen 17 14
State or county official cannot be paid 19 15
Waterworks' mechanics 17 14
SANITARY DISINFECTOR.
Member of Police Department 35 35
SINKING FUND.
Bonds bought and report made 27 20
Bonds of city alone, paid from 27 19
Disbursements from, rules and conditions 27 19
Created, ten per cent set apart each month 27 19
Sinking Fund Account, kept 27 19
School tax and proceeds of bonds excluded ^ 27 19
Tax levy, for extraordinary 21 16
SCHOOLS.
(See '■ Education, Board of.")
Schools nonsectarian 30 (26) 26
SIDEWALKS.
Abstract ordered by City Attorney 55 (3) 79
Assessments for 55 (1) 75
Authority, collections for 30 (21) 25
Bonds to construct 55 76
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Section. Page.
Delinquent assessments to City Attorney 55 (3) 78
Funds not put in budget 55 (4) 79
Interest on which lien attaches 55 (3) 79
Lien for construction 55 (3) 79
Method of collection 55 (3) 78
Notice to abutting owners, how given 55 (1) 11
Ordinance not necessary 55 (1) 11
Owners' right to construct 55 (2) 11
Power to construct, in whom 55 11
Priority of lien 55 (3) 79
Sums chargeable to owners 55 (3) 79
Time of payment for 55 (3) 11
SPECIAL ELECTIONS.
Bonds or franchise ordinances, submitted how 26 18
Qualification of voters, personal and property 5 7
TAX ASSESSOR.
Appointed by whom 36 35
TAX COLLECTOR.
Appointed by whom 36 35
STREETS, ALLEYS, ETC.
Abutting property law 42 49
Department, under what 11 10
Exclusive power of constructing 9 9
Opening, widening, etc., how 30 (4) 23
TAX LEVY AND TAXES.
Abutting Improvement Bonds, to retire 42 (12) 64
Additional levy other than ordinary 21 16
All property taxed 21 16
Assessment, by whom made 36 35
Assessment, what property subject to 36 35
Chancery Court has jurisdiction to collect 36 36
Collected when delinquent, how 36 36
Commissioner of Finance, Revenue Collector 36 35
Deficiency, extra levy made up 21 16
Distress warrant, power to issue 36 36
Extraordinary tax levy, for 21 16
Hospital tax levy 41 48
Humane Commission, purpose for 40 44
Interest and penalties, what 36 35
Levy and collection of privileges on property 30 (1, 2) 22
Occupations and privileges, what 30 (5) 23
Omitted assessments 36 36
Ordinary not higher than one per cent 21 16
Ordinary purposes, what are 21 17
Parks, special levy for 39 (5) 42
Pensions, special tax 54 (1) 75
Sales to collect through Chancery Court 36 36
Schools, special for 21 17
Tax Assessor, who is 36 35
Tax Collector, who is 36 36
Taxes assessed for all purposes. 36 35
Taxes levied by 31 (1,2) 22
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Section. Page.
TREASURER.
Appointed by whom 36 36
VACANCIES.
Created by dismissal by civil service 34 33
Civil service list, filled how 34 32
Commissioners, Board of, filled how 13 10
Commissioners, Board of, fill when 43 72
Commissioners, Board of, may create 17 15
Education, Board of, filled how 38 37
Hospital, Board of, filled how 41 45
Humane, Board of, filled how 40 43
Mayor fills, when 43 72
Park, Board of, filled how 39 (1) 38
VOTERS' QUALIFICATIONS.
Personal and property qualifications, what 5 7
Property in city, residence Davidson County 5 7
Registered where 5 7
WHARVES.
Cumberland River, wharves, etc ■. 30 (13) 24
WATERWORKS.
Waterworks and appurtenances, authorized 30 (16) 24
WEIGHTS AND MEASURES.
Standard weights and measures fixed 30 (17) 25
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