^ GIFT OF REVISED ORDINANCES OF THE CITY or AUSTIN. ''t:'i I V o^d^ AUSTIN. TEXAS: VON BOECKM ANN-JONES CO., PRINTERS 1908 MAYOES OF THE CITY OF AUSTIN, TEXAS, FROM THE FOUNDATION OF THE CITY GOVERNMENT. Edwin Waller. B. F. Carter. Jno. W. Robertson. S. G. Haynie. Jas. W. Smith. Joseph Nalle. Geo. J. Durham. W. H. Carr. Jno. McDonald. Thos. Wm. Ward. Leander Brown. Lewis Hancock. Jno. S. Ford. Jno. W. Glenn. Jno^-.D. McCall. J. T. Cleveland. T. B. Wheeler. R. E. White. E. R. Peck. J. C. DeGress. W. D. Shelley. Thos. E. Sneed. L. M. Crooker. F. M. Maddox. W. A. Saylor. PRESENT CITY OFFICERS. F. M. Maddox Mayor. W. D. Hart City Attorney. Jno. 0. Johnson City Clerk. W. J. Morris City Marshal. Fred Sterzing City Assessor and Collector. Henry Ziller Assistant City Assessor and Collector. August Ziller Assistant City Assessor and Collector. Jas. W. Loving City Physician. G. S. Iredell City Engineer. Wm. Von Rosenberg City Recorder. J. W. Cloud Assistant City Attorney. W. L. Nitschke City Sexton. H. A. Wroe *. . . . City Treasurer. BOARD OF ALDERMEN. W. D. Miller First Ward. W. C. Redd First Ward. W. J. SuTOR Second Ward. A. E. CuNEO Second Ward. Tom D. Smith Third Ward. L. M. Crooker Third Ward. Chas. J. Armstrong Fourth Ward. J. M. Meredith Fourth Ward. Henry Petri Fifth Ward. C. J. WiLHELM Fifth Ward. Fred A. Scott Sixth Ward. Harry L. Haynes Sixth Ward. C, B. MoRELAND Seventh Ward. C. W. Moore Seventh Ward. WATER AND LIGHT COMMISSIONERS. Geo. L. Hume. R. A. Thompson. D. H. Caswell. J. P. Schneider. R. C. Brooks, Superintendent Water and Light Plant. S9711>J REVISED ORDINANCES OF THE CITY OF AUSTIN. AN ORDINANCE TO ADOPT AND ESTABLISH THE REVISED ORDINANCES OF THE CITY OF AUSTIN. Whereas, It is expedient that the general ordinances of the City of Austin should be arranged in appropriate titles, chapters and articles, that the omissions and defects therein should be supplied and remedied ; and that the whole should, as far as practicable, be made concise, plain and intelligible; therefore, Section 1. Be it ordained by the City Council of the City of Austin: That the following titles, chapters''and articles shall hereafter constitute and be the Revised Ordinances of the City of Austin, towit : Title I. "Additions to City, and Maps Thereof." Chapter 1. "Regulation of," Articles 1 to 4, inclusive. Title II. "Animals." Chapter 1. "Prevention of Cruelty to," Articles 5 and 6. Chapter 2. "Prevent Running at Large," Articles 7 to 30, inclusive. Chapter 3. "Dogs," Articles 21 to 33, inclusive. Chapter 4. "Hogs," Article 34. Chapter 5. "Dead Bodies of," Articles 35 to 39, inclusive. Title III. "Auctions and Auctioneers." Chapter 1. "Regulation of," Articles 40 to 43, inclusive. Title IV. "Automobile.-'." Chapter 1. "Regulation of Use of," Articles 44 and 45. Title V. "Bill Posters." Chapter 1. "Regulation of," Articles 46 and 47. Title VI. "Birds." Chapter 1. "Protection of," Articles 48 and 49. ^YiSffD Ordinances OF the City of Austin. Title VII. "Buildings in City." Chapter 1. "Eegulation of," Articles 50 to 55, inclusive. Chapter 2, "Unsafe, Kemoval of," Articles 56 to 58, inclusive. Title VIII. "Calendar of City." Chapter 1. "Year, Fiscal," Article 59. Chapter 2. "Day, Eight-Hour," Articles 60 to 62, inclusive. Chapter 3. "Time, Standard," Article 63. Title IX. "Cemeteries." Chapter 1. "Designation," Articles 64 to 75, inclusive. Chapter 2. "The Sexton," Articles 76 to 87, inclusive. Chapter 3. "Regulation of," Articles 88 to 99, inclusive. Chapter 4. "Burial Without, Prohibited," Articles 100 and 101. Title X. "Corporation Court." Chapter 1, "Establishing and Regulating," Articles 102 to 135, in- clusive. Chapter 2. "The Recorder," Articles 136 to 141, inclusive. Title XI. "Council, City." Chapter 1. "Organization and Procedure," Articles 142 to 157, in- clusive. Chapter 2. "Powers of,'^ Articles 158 to 175, inclusive. Chapter 3. "Requirements of," Articles 176 to 180, inclusive. Chapter 4. "Proceedings of May Be Published," Article 181. Title XII. "Elections." Chapter 1. "Regulation of," x4rticles 182 to 190, inclusive. Chapter 2. "Contest of," Articles 191 to 196, inclusive. Title XIII. "Fire, Protection Against." Chapter 1. "Fire Department," Articles 197 to 253, inclusive. 1. "Organization," Articles 197 to 222, inclusive. 2. "Fire Limits," Article 223. 3. "Fire Regulations," Articles 224 to 229, inclusive. 4. "Foreman," Articles 230 to 234, inclusive. 5. "Drivers," Articles 235 to 239, inclusive. 6. "Hose," Articles 240 to 242, inclusive. 7. "General Rules," Articles 243 to 251, inclusive. 8. "Firemen's Cemetery Lot," Article 252. 9. "Uniforms," Article 253. Chapter 2. "Buildings and Supplies," Articles 254 to 262, inclusive. Eevised Ordinances of the City of Austin, 6 Chapter 3. "Chimneys, Flues, and Fireworks," Articles 26^to 273, in- elusive. Chapter 4. "Theaters or Places of Public Amusement," Articles 274 to 284, inclusive. Chapter 5. "Petroleum, Crude, Eegulating Use of," Articles 285 to 287, inclusive. Title XIV. "Fi^hr Chapter 1. "Catch of Regulated," Articles 288 and 289. Title XV. "Gaming." Chapter 1. "Prohibiting," Articles 290 to 297, inclusive. Title XVI. "Gas and Ligliting." Chapter 1. "Generally," Articles 298 to 303, inclusive. Title XVII. "Hacks and Other Vehicles." Chapter 1. "Public, for Hire, Regulated," Articles 304 to 317, in- clusive. Title XVIII. "Malicious Mischief." Chapter 1. "Offenses Constituting and Punishment," Articles 318 to 324, inclusive. Title XIX. "Misdemeanors." Chapter 1. "Definition and Punishment," Articles 325 to 328, in- clusive. Title XX. "Money and Funds, and Bonds and Warrants of the City." Chapter 1. "Money and Funds," Articles 329 to 333, inclusive. Chapter 2. "Bonds," Articles 334 to 337, inclusive. Chapter 2a. "Refunding Bonds," Articles 338 to 355, inclusive. Chapter 2b. "Refunding Bonds," Articles 356 to 359, inclusive. Chapter 5. "Warrants," Articles 360 to 366, inclusive. Title XXI. "Nuisances." Chapter 1. "Spitting on Sidewalks," etc., Article 367. Chapter 2. "Drum Beating," Article 368. Chapter 3. "Brush, etc., on Vacant Lots," Articles 369 and 370. Title XXII. "Officers of the City." Chapter 1. "Generally." 1. "The Ofiicers and Their Qualification and Elec- tion," Articles 371 to 375, inclusive. 2. "Installation of," Articles 376 to 379, inclusive. 3. "Impersonation of," Article 380. 4. "Receipt for Property," Articles 381 and 382. 6 Eevised Ordinances of the City of Austin. 5. "Eeports of/' Article 383. 6. "Absence from City," Article 384. 7. "Eesignation of," Article 385. 8. "Eemoval and Suspension of," Articles 386 to 392, inclusive. 9. "Vacancies," Articles 393 to 396, inclusive. ' Chapter 2. "The Mayor," Articles 397 to 413, inclusive. Chapter 3. "The City Marshal," Articles 414 to 433, inclusive. Chapter 4. "The City Clerk," Articles 434 to 446, inclusive. Chapter 5. "The City Attorney," Articles 447 to 450, inclusive. Chapter 6. "The City Assessor and Collector," Articles 451 to 464, inclusive. Chapter 7. "The City Treasurer," Articles 465 to 477, inclusive. .Chapter 8. "The City Physician," Articles 478 to 487, inclusive. Chapter 9. "The City Engineer," Articles 488 to 500, inclusive. Chapter 10. "The City Water, Light and Power Commissioners," x4rticles 501 to 511, inclusive. Chapter 11. "The City Aldermen," Articles 512 to 518, inclusive. Chapter 12. "Other Officers of the City," Article 519. 1. "Generally," Article 519. 2. "Police Force," Articles 520 to 549, inclusive. Chapter' 13. "Dual Office and Interest in Contract of City Prohibited," Article 550. Chapter 14. "Salaries," Articles 551 to 563, inclusive. Title XXIII. "Official Bonds." Chapter 1. "Eegulation of," Articles 564 to 565. Title XXIV. "Ordinances." Chapter 1. "Enactment, etc., Eegulated" Articles 566 to 585, in- clusive. Title XXV. "I'arTcs—City." Chapter 1. "Generally," Articles 586 and 587. Chapter 2. "Pease Park," Articles 588 to 592, inclusive. Chapter 3. "Building on. Prohibited," Articles 593 to 595, inclusive. Title XXVI. "Pawnhrolcrsr Chapter 1. "Eegulating Business of," Articles 596 to 599, inclusive. Title XXVII. "Plumbing." Chapter 1. "Examining and Supervising Board of Plumbers," Articles 600 to 606, inclusive. Chapter 2. "Plumbing Eegulated," Articles 607 to 645, inclusive. Kevised Ordinances of the City of Austin. Title XXVIII. "Printing— City." Chapter 1. "Regulation of," Article 646. Title XXIX. ''Public Health." Chapter 1. "Board of Public Health," Articles 647 to 649, inclusive. Chapter 2. "Sanitary Inspector," Articles 650 to 657, inclusive. Chapter 3. "Food," Articles 658 to 661, inclusive. Chapter. 4. "Water— For Use and Stagnant," Articles 662 to 673, in- clusive. Chapter 5. "Trash," etc.. Articles 674 to 679, inclusive. Chapter 6. "Unclean Premises," etc., Articles 680 to 693, inclusive. Chapter 7. "Removal of Filth," etc.. Articles 694 to 699, inclusive. Chapter 8. "Pigeons," Articles 700 and 701. Chapter 9. "Schools — Public and Private, Sanitary Regulations of Same," Articles 702 to 707, inclusive. Chapter 10. "Disease — Contagious," Articles 708 to 720, inclusive. 1. "Generally," Articles 708 to 716, inclusive. 2. "Smallpox," Articles 717 to 720, inclusive. Chapter 11. "Hospitals — City," x\rticles 721 to 738, inclusive. Title XXX. "Public Place." Chapter 1. "Definition," Article 739. Title XXXI. "Public Safety and Morality." Chapter 1. "Regulation of," Articles 740 to 747, inclusive. Title XXXII. "Purchases of City." Chapter 1. "Regulated," Articles 748 to 753, inclusive. Chapter 2. "Payment for," Articles 754 to 757, inclusive. Title XXXIII. "Railroads." Chapter 1. "Movement of Cars, etc., Regulated," Articles 758 to 762, inclusive. Chapter 2. "Trespassing, Prohibited," Articles 763 and 764. Chapter 3. "Passengers Alighting, Protected," Articles 765 and 766. Title XXXIV. "Raihmys— Street." Chapter 1. "Generally," Articles 767 to 777, inclusive. Chapter 2. "Separate Compartments for 'Whites' and 'Xegroes,' " Articles 778 to 787, inclusive. Chapter 3. "Gong or Bell," Articles 788 and 789. Title XXXV. "Saloons, etc." Chapter 2. "Regulation of," Articles 790 to 798, inclusive. 8 Eevised Ordinances of the City of Austin. Title XXXVI. "Streets, Sidewalks, Bridges and Thoroughfares." Chapter 1. "Generally," Articles 799 and 800. Chapter 2. "Street and Sewer Commissions," Articles 801 to 804, in- clusive. Chapter 3. "Improvements of and Work On," Articles 805 to 833, inclusive. 1. "Generally," Articles 805 and 806. 2. "Funds for," Articles 807 to 811, inclusive. 3. "General Supervision of Work," Article 812. 4. "Street Foreman," Articles 813 to 816, inclusive. 5. "City Teams," etc., Articles 817 to 819, inclusive. 6. "Grades," Articles 820 and 821. 7. "Digging in Regulated," Articles 822 and 823. Chapter 4. "Street Paving," Articles 824 to 839, inclusive. Chapter 5. "Gutters," Articles 840 and 841. Chapter 6. "Streets and Alleys," Articles 842 to 871, inclusive. 1. "Named and Designated," Articles 842 to 845, in- clusive. 3. "ISTumbering of Houses," Articles 846 to 850, in- clusive. 3. "Opening and Changing," Articles 851 to 856, in- clusive. 4. "Dri\ang on Regulated," Articles 857 to 862, in- clusive. 5. "Kite Flying, etc., Prohibited," Article 863. . 6. "Playing Ball, etc., Prohibited," Articles 864 to 866, inclusive. 7. "Staking and Grazing on Prohibited," Article 867. 8. "Alleys Are Thoroughfares," Articles 868 and 869. 9. "Telegraph, etc., Poles," Articles 870 and 871. Chapter 7. "Sidewalks," Articles 872 to 887, inclusive. 1. "Building of Regulated," Articles 872 to 878, in- clusive. 2. "Display of Meat, etc., Prohibited," Articles 879 to 882, inclusive. 3. "Use of Regulated," Articles 883 and 884. 4. "Awnings," Articles 885 to 887, inclusive. Chapter 8. "Bridges," Articles 888 to 897, inclusive. 1. "Avenue Bridge," Articles 888 to 895, inclusive. 2. "Geperally," Article 896. 3. "Ferries and Toll Bridges," Article 897. Chapter 9. "Use of, Guarded and Regulated," Articles 898 to 942, in- clusive. Kevised Ordinances of the City of Austin. 9 1. "Sleeping on, Prohibited," Article 898. 2. "Signs," Article 899. 3. "Use of With Animals Eegnlated," Article 900. 4. "Obstructions," Articles 901 to 914, inclusive. 5. "Openings," Articles 915 to 917, inclusive. 6. "Posters, Signs," etc.. Articles 918 to 924, in- clusive. 7. "Bicycles," etc.. Articles 925 to 927, inclusive. 8. "Vending on Prohibited," Articles 928 to 942, in- clusive. Title XXXYII. "Sunday." Chapter 1. "Observance of Regulated," Articles 943 to 952, inclusive. Title XXXVIII. "Taxation." Chapter 1. "Property Subject to," Articles 953 to 960, inclusive. Chapter 2. "Amount and Purpose of Tax," Articles 961 and 962. Chapter 3. "Tax Lists and Listing or Assessing," Articles 963 to 995, inclusive. 1. "Generally," Articles 963 to 967, inclusive. 2. "Listing and Assessing Eegulated," Articles 968 to 995, inclusive. Chapter 4. "Board of Equalization," Articles 996 to 1009, inclusive. 1. "Organization, Its Powers and Duties," Article? 996 to 1006, inclusive. 2. "Certified Lists of Changes," Articles 1007 and 1008. 3. "Appeal from Action of," Article 1009. Chapter 5. "Payment of," Articles 1010 to 1018, inclusive. Chapter 6. "Delinquent Taxes," Articles 1019 to 1044, inclusive. Chapter 7. "Occupation Tax," Articles 1045 to 1064, inclusive. Chapter 8. "School Tax," Article 1065. Title XXXIX. "Theater?, Circuses, Public Balls and Public Dance Houses." Chapter 1. "Regulation of," Articles 1066 to 1077, inclusive. Chapter 2. "Exhibition of During County Fair Prohibited," Articles . 1078 to 1080, inclusive. Title XL. "Vagrants." Chapter 1. "Who Are," Articles 1081 and 1082. Title XLI. "Wards." Chapter 1. "Xamed and Bounded," Articles 1083 to 1090, inclusive. 10 Revised Ordinances of the City of Austin. Title XLll. "Water and Light Plant." Chapter 1. "Regulating Water" Articles 1091 to 1097, inclusive. Chapter 2. "Regulating Lights/' Article 1098. Chapter 3. "Electric Railroad Warning," Article 1099. Chapter 4. "Wiring, etc., Generally," Articles 1100 to 1112, inclusive. Title XLIII. "Weights and Measures." Chapter 1. "Regulation of," Articles 1113 and 1114. Sec. 2. That all ordinances and parts of ordinances passed and effective on or prior to .... day of , 1907, other than said Revised Ordinances, and not contained in said Revised Ordinances, whether the same be in conflict with any portion of said Revised Or- dinances or not, be and the same are hereby repealed ; provided, that all rights and remedies under said repealed ordinances and parts of ordi- nances shall be saved and preserved; and, as to any rights thus saved, the remedies prescribed in said Revised Ordinances shall be regarded as cumulative, so far as they are applicable. Sec. 3. That this ordinance and the said Revised Ordinances of the City of Austin take effect and be in force from and after the day on which this revision of the ordinances of the City of Austin shall be printed in book form. Passed , 1908. Approved , 1908. F. M. Maddox, Attest: Mayor of the City of Austin, Jno. 0. Johnson, City Clerk. Revised Ordinances of the City of Austin. 11 TITLE I. ADDITIONS TO CITY AND MAPS THEREOF. CHAPTER I. regulation of. Article 1. That it shall not be lawful for any person, company or association of persons to lay out any addition, subdivision, or to plat any ground in the City of Austin, or to lay out and call for on said plat any street, highway, lane or alley with a view to selling any lot or piece or parcel of ground according to and as designated by such laying out, subdivision or plat, unless a copy of the map of such laying out, subdivision or addition be first filed and deposited with the City As- sessor. Article 2. That the maps called for in the preceding article shall show, by clear delineations, the location and course of each of said lots, streets, highways, lanes and alleys, and no name shall be given to any such streets, highways, lanes and alleys by any such person, company or association of persons, unless the consent of the Mayor and City Council be first had and obtained. Article 3. That it shall not be lawful for any person, company or association of persons, to exhibit any map whatsoever, with a view of making or endeavoring to make a sale, or offering for sale, any lot or piece or parcel of ground laid down on said map of any addition, sub- division or laying out of land, lying within the corporate limits, unless a copy of said map shall have been filed in the office of the City Assessor. Article 4. That any person, company or association of persons, who shall violate any of the provisions of the preceding articles of this chapter or shall refuse, fail or neglect to comply with the provisions thereof, shall be fined not less than twenty-five nor more than one hun- dred dollars. 12 Revised Ordinaxces of the City of Austin. TITTLE II. ANIMALS. CHAPTER I. PREVENTION OF CRUELTY TO. Article 5. It shall be unlawful for aii3^one to cruelly beat or other- wise cruelly maltreat any dumb animal in the City of Austin, or to wantonly kill, maim, wound, poison or disfigure any horse, ass, mule, cattle, sheep, swine, dog or beast of any kind, or to mutilate or cruelly kill other domestic animals, or overdrive, or override, or overload, or unnecessarily confine, or in any maimer oppress the same, or to un- necessarily fail to provide the same with proper food, or drink, or shelter, or drive, or work, or use the same when such animal is maimed, wounded, sick, lame, or otherwise unfit for labor, or to wilfully abandon same to die, or to carry, or cause the same to be carried, hauled or forced along in a cruel or inhumane manner, or leave any animal tied up or overchecked or confined anywhere, day or night, without proper feeding and. caring for the same; provided, however, that this article is not to be construed to prevent policemen, or other persons, from killing dogs when lawfully entitled to do so; provided further, that this article is in nowise to be construed to prevent, or in any way interfere, with the killing of any animal, fowl or beast for scientific purposes. Article 6. Any person who shall violate the preceding article shall be fined not less than five dollars nor more than twenty-five dollars for each and every separate offense. CHAPTER II. PREVENT RUNNING AT LARGE. Article 7. That if the owner, keeper, or person in charge of any horse, mule, jack, jennet, cow, cattle, hog, sheep or goat shall suffer or permit the same to run at large at any time within the corporate limits of the City of Austin, State of Texas, north of the Colorado River, he shall be deemed guilt)' of a misdemeanor, and on conviction shall be fined in any sum not less than five (5) dollars nor more than one hundred (100) dollars for each of such animals suffered or per- Eevised Ordinances of the City of Austin. 13 mitted to run at large within said territory; provided, however, that such stock may run at large within the corporate limits of the City of Austin outside of the following limits, towit: Beginning at the mouth of Waller Creek, on the Colorado Eiver; thence in a northerly direction with the meanderings of said creek to Fifth Street; thence easterly with the center of Fifth Street to Chicon Street; thence in a northerly direction with the east line of Chicon Street to the Manor road; thence in a westerly direction with the north side of the Manor road to and across the Cameron road, and in a westerly direction with the north line of Hancock Street to Waller Creek; thence up Waller Creek with its east bank to Duval Street; thence northerly with the east line of Duval Street to the northeast corner of Hyde Park Annex; thence in a westerly direction with the north line of Hyde Park Annex" to the Georgetown road ; thence westerly across the Georgetown road and with the north line of the Lunatic Asylum grounds to the northwest comer of same; thence in a southerly direction with the east line of the Spear league to a point where said east line of the Spear league first intersects with Shoal Creek; thence down Shoal Creek with its east bank to Twelfth Street; thence with the north line of Twelfth Street to Blanco Street; thence in a southerly direction with the west line of Blanco Street to the Colorado Eiver; thence down the Colorado Eiver with its meanderings to the place of beginning; pro- vided, that as to goats this limitation of territory shall not apply, and that goats shall not be allowed to be at large within the city limits. Article 8. The City Marshal shall establish a public pound at such place as he may select, and it shall be his duty to take up, or cause to be taken up, any animal mentioned in the preceding article found running at large in this city contrary to said article, and im- pound same in the public pound, and in one day thereafter he shall post at as many as five public places in the city, one of which shall be at the City Hall, a notice giving an accurate description of such animal, together with the marks and brands thereon, if any, and the time and place of the sale of same, and at the expiration of five days from the posting of such notice the City Marshal shall sell such animal at the public pound at public outcry to the highest bidder for cash. Article 9. The City Council shall, on the nomination of the Mayor or any Alderman, elect a, Poundmaster for the City of Austin, who shall exercise all the powers of a policeman, and who shall hold his office for a period of one year, and who shall discharge such duties as are now or may hereafter be prescribed by ordinance, and shall receive an annual salary of nine hundred dollars, to be paid in monthly in- stallments. Article 10. There shall be collected a fee of one dollar per head for 14 Bevised Ordinances of the City of Austin. taking up and impounding any such animals, and fifty cents a head per day for feeding and taking care of the same; and after deducting such fees and costs from the proceeds of the sale, the balance of the funds shall be deposited with the City Assessor and Collector, subject to the order of the owner of such animal. If no owner shall call for the amount within thirty days after being so deposited with the City As- sessor and Collector, it shall be paid into the city treasury. At any time within six months after the sale of such animal the owner may apply to the City Council, and, upon satisfactory proof of such owner- ship, he shall be entitled to the amount deposited in his name on account of such sale, after paying such costs as may be necessar}- to establish his ownership or right thereto. Article 11. The owner or keeper of any such animal may reclaim the same from the public pound at any time before the sale by paying the fees and all expenses prescribed in the preceding article. Article 12. At any time within one year from the sale the owner of any animal impounded and sold under the provisions of this chapter shall have the right to redeem the same by paying to the purchaser thereof double the amount bid by him for such animal, and his reason- able expenses in keeping the same. Article 13. The City Marshal shall record in a book kept for that purpose the number and kind of animals impounded, the date of im- pounding, the date of sale, the amount realized by the sale of each animal or by the same being reclaimed before sale, the name of the owner, if known, and the name of the purchaser. And tbe City Marshal shall make a monthly report of the same to the City Council at its first regular meeting in each month. Article 14. If at the time of the sale no purchaser can be found for any of the animals so impounded, the City Marshal may kill such animals and have their bodies removed beyond the city limits and de- posited as required by ordinance. AjRTiCLE 15. If any person shall interfere with the City Marshal in the discharge of his duty in taking up, impounding and selling animals running at large in this city, or shall interfere with any of his ap- pointees, deputies or agents in the discharge of such duty, he shall be fined not less than ten nor more than one hundred dollars. Article 16. If any person shall drive, .toll, or otherwise get or bring into the city or within the prohibited limits any animal belong- ing to another, with the intent or for the purpose of getting the same into the public pound, or shall unchain, unhitch, or in any manner let loose or let out of any enclosure whatever, any such animal for the purpose or with the intent to get the same into the public pound, he Eevised Ordinances of the City of Austin. 15 shall be fined not less than twenty-five nor more than one hundred dollars. Article 17. If the owner or keeper of any horse, mule, jack, jennet or any other animal known to be diseased with the glanders, or any other contagious disease, shall use or permit the same to run at large in this city, he shall on conviction be fined not less than five nor more than one hundred dollars. Article 18. If any person shall drive or cause to be driven any horses, mules, jacks, jennets, cattle, hogs, sheep, goats or any other animals in droves, through Congress Avenue or Sixth Street; or if any person shall drive or cause to be driven any such droves through any other part of the city without having them guarded by a sufficient number of drivers to keep them under good control so that they do not run away or injure any person or property, he shall be punished by a fine of not less than five nor more than one hundred dollars. Article 19. If any person shall hitch, or tie, or leave standing any stallion, jackass or bull in any of the streets, alleys or other public places, except within an enclosure, within the City of Austin; or if any person shall keep any stallion, jackass or bull for service to mares, jennets or cows in any open lot, or other open place in this city, he shall be punished by a fine of not less than five nor more than one hundred dollars. Article 20. That whoever shall hitch or fasten any horse, or other animal, to any awning post, lamp post, shade tree or building upon Congress Avenue, north of Cypress Street, or on Pecan Street east of Guadalupe Street and west of Waller Creek, or to any awning post, lamp post, fence, railing or building elsewhere in this city not owned and controlled by him, her or them, without the consent of the person owning or controlling the same, shall be deemed guilty of a misde- meanor, and on conviction shall be fined not less than five nor more than one hundred dollars. CHAPTER III. DOGS. Article 21. It shall be the duty of the Mayor of the city, at any season or time when there are, in his opinion, mad or rabid dogs within or near the city, and the public health or safety is thereby endangered, to issue his proclamation forbidding the running at large of any dogs not muzzled, and he may offer for their destruction such premium as he may deem proper; and he may require any and all policemen to destroy any dog found at large in violation of such proclamation. Article 22. A registration fee of one dollar is hereby levied an- 16 Revised Ordinances of the City of Austin. nually on each and every dog or bitch owned or harbored within the city limits of the City of Austin, and allowed to be registered under the regulations herein contained. Said registration fee shall be due and payable on the first day of June of each year, and it is hereby made the duty of every owner of any such dog or bitch, or anyone who shall harbor any such dog or bitch, to pay over to the City Assessor and Coh lector the said fee on or before the first day of June in each year. Article 23. On the tender of the registration fee provided for in Article 22, the City Assessor and Collector shall, if he be of the opinion that the dog offered for registration is a fit subject therefor under the provisions of this ordinance, furnish the owner or harborer thereof with a metal plate, which shall bear some stamp and number to be determined by the Mayor; and the owner or harborer shall securely fasten same to a collar, which shall be worn by the dog or bitch at all times said animal shall run at large, except as hereinafter prescribed. Article 24. The City Assessor and Collector shall record in a well bound book kept by him for that purpose, a statement concerning each dog registered by him and said statement shall show the name, number and sex of each dog registered, the name of the owner or harborer thereof and his place of residence. Article 25. The City Council shall elect a dog catcher at a salary of fifty dollars per month and an assistant dog catcher at a salary of thirty dollars per month for the months of June, July, August, Septem- ber and October. Article 26. It shall be the duty of the City Marshal to erect a pound suitable for the impounding of all dogs, as hereinafter provided, at such place as he may deem suitable, which pound shall be under his control. It shall also be the duty of the City Marshal to cause all dogs found running at large within the ciy limits not wearing a collar and registration tag to be taken and impounded. He shall see to the proper care of all dogs impounded, and shall deliver each impounded dog to its owner, or the purchaser thereof, upon an order from the City As- sessor and Collector and the payment of all costs hereinafter provided for. Article 27. Hereafter when any dog found at large on the streets of the City of Austin, and taken up in accordance with the ordinances now in force regarding the impounding of dogs, is so impounded by the Cit}' of Austin, the owner caring to redeem such dog shall, in addition to providing a tag required by the ordinances of the City of Austin, pay to the City Collector of Austin the sum of one dollar, said one dollar so paid to be paid to the City of Austin for the keeping of said dog while so impounded. Article 28. Each dog not redeemed by its owner within three full Eevised Ordinances of the City of Austin. 17 days after the same shall have been impounded shall be allowed to be redeemed upon the application of any person who bids therefor the largest sum during the fourth day after such dog has been impounded; provided the sum so bid shall equal or exceed the costs accrued against such dog; and all dogs not redeemed under the provisions hereof within four full days after same shall have been impounded shall be destroyed by the City Marshal. The City Assessor and Collector shall pay into the city treasury to the credit of the general fund all money accruing under the above pro- visions. Article 29. It shall be the duty of the dog catcher to report in writing to the City Council at least once per month the total number of dogs impoimded, the total number of dogs redeemed, and the total number of dogs executed under this and existing ordinances. Article 30. It shall not be lawful for any person to permit any bitch belonging to him to run at large when in heat, and any person violating the provisions of this section shall be deemed guilty of a mis- demeanor, and on conviction shall be punished by fine of not less than five nor more thaii one hundred dollars for each and every offense, and such bitch shall be liable to be impounded in the public pound. Article 31. It shall not be lawful for any person to keep any dan- gerous or vicious dog within the limits of this city at any time unless same is kept at all times securely chained, and no dog or bitch, whether usually dangerous and vicious or not, shall be allowed or permitted by the owner or harborer thereof to run at large within the corporate limits of this city, whether it be in company with its owner or harborer or other- wise, between the first day of June and the first day of November of each year, unless such dog or bitch shall have been first registered in accordance with the foregoing regulations. Article 33. And if any person shall make affidavit before the Mayor or Recorder that any dog has bitten or attempted to bite any person in this city, and it shall appear that the person so bitten or at- tacked was not at the time trespassing on the person or property of the owner or keeper of such dog, it shall be the duty of the Mayor or Re- corder to direct the owner or keeper of such dog to kill the same, or to remove the same permanently beyond the city limits within six hours from the time of service of such notice. And any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine of not less than five nor more than one hundred dollars for each and every such offense, and each and every day of such violation shall constitute a separate offense. Article 33. Any person or persons who shall interfere with the Ciiy Marshal or any of his assistants in the discharge of their duties in 18 Eevised Ordinances of the City or Austin. carting, carrying away or impounding dogs as hereinbefore provided, or shall in any manner interfere with the pound or an} person in charge thereof, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than five nor more than one hundred dollars. CHAPTER IV. HOGS. Article 34. It shall be unlawful for any person, firm or corporation to keep any hogs in pens or otherwise within the hereinafter prescribed limits of the City of Austin : Beginning on Comal Street on the north bank of the Colorado Eiver; thence in a northerly direction with said Comal Street to Nineteenth Street; thence with Nineteenth Street in a westerly direction to Waller Creek; thence with the meanders of Wal- ler Creek to Twenty-ninth Street; thence with Twenty-ninth Street to Rio Grande Street; thence with Rio Grande Street to Nineteenth Street ; thence with Nineteenth Street to Shoal Creek ; thence south with Shoal Creek to Twelfth Street ; thence west to Blanco Street ; thence with Blanco Street to the Colorado River; thence with the meanders of the Colorado River east to the place of beginning, or for any person, firm or corporation to keep more than two hogs in pens, or otherwise, outside of the prescribed limits of the City of Austin north of the Colorado River, and any person, firm or corporation violating the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than five dollars nor more than one hundred dollars. CHAPTER V. DEAD BODIES OF, Article 35. Hereafter it shall be unlawful for any person to bury, burn or otherwise dispose of the dead body or carcass of any cow, calf, ox, bull, horse, mare, mule, colt, stallion, jack or jennet, within the corporate limits of the city of Austin, or within one thousand yards thereof, except by complying with the regulations hereinafter prescribed. Article 36. Hereafter, whenever any animal enumerated in the preceding article shall die within the corporate limits of said city, it shall be the duty of the owner thereof, or of the person in possession of such animal, if the owner be not in possession thereof at the time of its death, to apply to the City Police Clerk for a permit to have the l)ody or carcass of such animal buried in the city burying grounds to be selected by the sanitary ojficer; and it shall be the duty of the City Police Clerk to issue such permit to any person who shall apply to Eevised Ordinances of the City of Austin. 19 him therefor, upon payment to him by such person of one dollar for such permit, which money shall be paid into the city treasury. Article 37. There shall be appointed by the City Sanitary Officer an assistant, and it shall be the duty of said assistant to bury in the city burying grounds, without additional expense to the owner, the body or carcass of each animal for which a burial permit has issued and been presented to him. Article 38. The assistant provided for herein shall receive as com- pensation for his services a fee of one dollar for such burial performed by him. Article 39. If any person shall hereafter deposit, place or leave within the corporate limits of this city or within one thousand yards thereof, or shall cause the same to be done, the dead body or carcass of any animal mentioned herein, and belonging to him or dying in his possession, or shall fail to dispose of same in accordance with the regulation herein prescribed, he shall be fined, upon conviction, not less than five nor more than one hundred dollars for each offense. 20 Eevised Ordinances of the City of Austin. TITLE III. AUCTIONS AND AUCTIONEERS. CHAPTEE I. regulation of. Article 40. If any auctioneer or other person shall sell at auction any horse, mule or ox without first requiring from the party for whom such sale is made a written statement signed by him of the manner in which and the name and residence of the person from whom he acquired such animal, or if any auctioneer shall fail to keep a record of such statement, together with an accurate description of the animal sold, the names and residence of the seller and purchaser, he shall be punished by a fine of not less than fifty nor more than one hundred dollars. Article 41. It shall be unlawful to sell any animals at auction in this city, except the said sale is made by auctioneers duly licensed by the City of Austin ; provided, that such sales shall only be made in stables, stock- yards, enclosed lots, or on the public streets, except that no such sales shall be made on Congress Avenue or on Sixth Street; or to sell or auc- tion any personal property other than animals, except in a regular auc- tion room, store house, or other house, and any person violating any of the provisions of this article shall be punished by a fine of not less than five nor more than one hundred dollars. Article 42. The provisions of the preceding article shall not apply to legal sales made by officers of any court or by their authority nor to sales required by law or by the terms of any trust or power to be made at any particular place or in any particular manner. Article 43. If any auctioneer in pursuing his occupation shall make any greater cry than is actually necessary or act in a manner so boister- ous as to disturb the peace of others he shall be punished by a fine of not less than five nor more than one hundred dollars. Eevised Ordinances of the City of Austin. 21 TITLE IV. AUTOMOBILES. CHAPTER I. REGULATION OF USE OF. Article 44. Each and every owner, lessee, manager, driver or any other person in control of any automobile running on any of the public streets or alleys, or other public places of the City of Austin, shall comply with the following regulations in operating or running any automobile within the corporate limits of said city. 1. No automobile shall be operated along or over the public streets, or alleys of the city, or other public place within the corporate limits of the city, unless the owner, lessee, manager, or other person in control of said automobile shall have first procured a number, at least six inches high, which number shall be placed and kept on the rear of such automobile whenever the same is being run along any public street or alley or other public place in the city. When such number is applied for, the City Clerk shall take the name of the owner, lessee, manager or other person in control of said automobile, together with a brief de- scription of said automobile, by name of makers or other means of iden- tification, horsepower, etc., and shall register the same in a well bound l)ook in his office to be kept for that purpose. Whenever there shall be any change in ownership of any such automobile, .such fact shall at once be made known to the City Clerk, who shall note same on the regis- try above required for. 2. No automobile shall be driven or propelled along the streets, alleys or other public places of the city at a greater rate of speed than twelve miles per hour, and shall not be driven along that portion of Congress Avenue between Eleventh Street and First Street, or along Sixth Street between East Avenue and West Avenue, or south Congress Avenue to south side of Deaf and Dumb Institute and street surrounding Blind In- stitute, at a speed exceeding eight miles per hour, nor shall any automo- bile turn the corner of any street within the limits bounded by the Colorado River, East Avenue, West Avenue and Nineteenth Street, or any street along which a street railroad runs, at a speed greater than six miles per hour, and no automobile shall be driven or propelled along or 22 Revised Ordinances of the City of Austin, across the bridge at the foot of Congress Avenue over the Colorado Eiver at a speed greater than four miles per hour. 3. No automobile shall be run or operated at night along the public streets or alleys, or other public places of the city without at least two lamps showing white lights in front and red on reverse, or in Jieu of two showing such red on reverse, one red light may be suspended on rear of such automobile. Article 45. Any person violating any of the provisions hereof shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars. Eevised Ordinances of the City of Austin. 23 TITLE V. BILL POSTERS. CHAPTEE I. REGULATION OF. Article 46. If any person shall in this city post any bills^, notices or advertising cards, or shall tack up any advertising cards or notices in tin, wood or other material, or print or letter words or pictures on fences or other places as a means of advertising, for compensation, without first paying the amount of license tax assessed upon such occupa- tion by the City Council, and obtaining a license therefor, he shall be find not less than five nor more than one hundred dollars. Article 47. If any bill poster shall charge any more than the fol- lowing rates, towit : Theatrical sheets, per sheet, 5 cents; local full sheets, 4 cents; half sheets, 3 cents ; quarter sheets, 2 cents ; eighth sheets, 2 cents ; dodgers, 1 cent; snipes, per thousand, $5.00, he shall be punished by a fine not less than five nor more than one hundred dollars. 24 Eevised Ordinances of the City of Austin, TITLE VT. BIRDS. CHAPTEB I. PROTECTION OF. Article 48. Whoever, in this city, shall kill or wound any bird, not his or her own property, when the same is actually in the possession of another, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine of not less than five nor more than one hundred dollars. Article 49. It shall not be lawful for any person or persons to kill, capture or destroy any mocking bird, or other native singing bird, in the limits of the City of Austin, or to rob the nest or destroy the nest of any such bird or birds, or for any person or persons to peddle, sell or offer for sale, on the streets or elsewhere in the limits of the City of Austin, mocking birds or other native singing birds, and any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five nor more than one hundred dollars. Revised Ordinances of the City of Austin. 25 TITLE VIT. BUILDINGS IN CITY. CHAPTEK I. REGULATION OF. Article 50. Hereafter it shall be the duty of any person who desires to erect any building within the city limits of the City of Austin, or to make any addition to any building within the city limits of the City of Austin, to obtain from the Assessor and Collector of Taxes of the City of Austin a permit in writing before he commences the erection of said building or addition. Article 51. It shall not be lawful for any person or persons other than the owner of said proposed building to obtain the permit except as provided in Article 53. Article 52. The application for the permit shall state, among other things, under oath of the applicant, the location by an accurate descrip- tion of the lot or parcel of land on which the proposed building or ad- dition is to be erected, and, if possible, it shall give the description of the land by lot number, block number, subdivision, outlot, division or original grantee, if in acreage, etc., so that the Assessor can identify the property wath ease; that it shall also state the contract price or actual cost of the building or addition to be erected; that it shall also state whether one or two story, the character, kind and description of the proposed improvement or building, that is, whether the same is a dwell- ing, store house, or barn, etc., and of what material the same is to be constructed, provided, however, that if the owner of said building or proposed addition or improvement is not a resident of the City of Austin, or is away from the City of Austin, his duly authorized agent or con- tractor who is to construct said building or improvement or addition thereto shall make affidavit before the Assessor and Collector of Taxes; and shall be and become responsible under the law for a misstatement of the true facts as contained in said affidavit, and that in addition to the facts as alleged, as required by this affidavit, the party making the affidavit in lieu of the owner, shall state in said affidavit that the owner or person in control of said property is absent from the city, and state the reason for the owner's not making affidavit. Article 53. The provisions of this chapter shall not be construed in 26 Revised Ordinaxces of the City of Austin". any manner so as to affect the ordinances with reference to the kind of buildings or the construction of buildings within the fire limits of the City of Austin. Article 54. Any person, firm or corporation who shall erect a build- ing or improve or add to a building, as contemplated by this ordinance, without first obtaining a permit, shall be deemed guilty of a misde- meanor and upon conviction in the Corporation Court, shall be fined not less than five dollars nor more than one hundred dollars, and that each day that the said person, firm or corporation shall persist in continuing to erect said building or improvement shall constitute a separate offense within the meaning of this ordinance. Article 55. All improvements hereafter to be made or houses to be built in this city fronting on any street, alley or square, must be made to conform to the allignment of same, as fixed by the City Engineer ; any person violating the provisions of this article shall be deemed guilty of a misdemeanor. CHAPTER II. unsafe REMOVAL OF. Article 56. The City Engineer is instructed and empowered to inspect all buildings, other structures and premises in the City of Austin and to condemn, repair or remove such structures, premises and build- ings when found to be in a dangerous condition, and when any building, awning or structure, or part thereof, within the corporate limits of the City of Austin shall become unsafe and dangerous to life, limb or property from any cause, it shall be the duty of the City Engineer to in- form the owner, agent or occupant of its condition and notify him or them to remove the same within twenty-four hours ; provided, however, that in the event there is not immediate or imminent danger of the falling of said structure the City Engineer give to the owner, agent or occupant two days' notice of his decision in the matter, and within which time the said owner, agent or occupant shall be allowed to show cause to said City Engineer why said property or structure should not be con- demned and is not unsafe, and if at such time the said engineer shall, after hearing the reasons for and against said proposition, still deem said structure a menace to public safety or dangerous, the owner, occupant or agent shall, within twenty-four hours from the notice of his decision, tear down said structure so condemned ; and provided further, that the decision of the said City Engineer as to whether or not the structure in controversy is a menace to public safety or dangerous shall be final. Article 57. That any person, firm, corporation, owner, agent or oc- cupant who, after receiving notice as provided in the preceding article, fails to comply therewith within the time prescribed therein, shall be Eevised Ordinances of the City of Austin. 27 deemed guilty of a misdemeanor and upon conviction shall be fined not less than five dollars nor more than one hundred dollars. Article 58. Any building, awning, gallery, shed, porch or other structure, in this city, which has or shall become dangerous to persons using the streets, sidewalks or alleys, from age, use or other cause, shall be deemed a nuisance. It shall be the duty of the City Marshal to inform the agent, owner or occupant thereof of its condition, and to notify him to remove the same three days from the time such notice is given; and a failure to comply with such notice shall be deemed a misdemeanor and punished by a fine of not less than five nor more than two hundred dol- lars, and each day of such failure shall constitute a separate offense. After conviction of the offense defined in this article it shall be the duty of the City Marshal to remove such dangerous structure at the expense of the owner thereof. 28 . Revised Ordinances of the City of Austin. TITLE VIII. CALENDAR OF CITY. CHAPTER I. YEAR FISCAL. Article 59, The fiscal year of the city shall be from and including the first day of January of each year to and including the thirty-first day of December of said year. CHAPTER II. DAY EIGHT-HOUR. Article 60. Eight hours shall constitute a day's labor on all work performed for the city by mechanics, artisans and laborers, whether per- formed directly for the city or indirectly by contract; the minimum wage to be not less than $1.7o per day and $3.00 per man and team, except where otherwise provided by charter provision. Article 61. Any city official or person in authority having control or direction of mechanics, artisans or laborers, working for the City of Austin in any branch of the municipal service, who shall require or permit any mechanic, artisan or laborer to work more than eight hours within one calendar day, shall be guilty of a misdemeanor, and on con- viction shall be fined in any sum not less than five dollars nor more than two hundred dollars; provided, that this penalty shall not apply when work is done in emergency caused by burst water or gas pipes, fires, floods, storms or similar calamities, the judge or jury trying the case to be the exclusive judges of what constitutes an emergency as contemplated by this act; and provided further^ that any member of a board or commit- tee directing or sanctioning a violation of the provisions of this act shall be absolved from the punishment herein provided upon the pro- duction of proof that he voted against the action of the board or com- mittee which is responsible for the violation of this ordinance. Article 62. Any contractor or subcontractor doing work for the city who shall violate the provisions of this ordinance shall be punished as provided in the preceding article, and in addition shall forfeit his con- tract and the same shall terminate immediately upon his conviction. Ee VISED Ordinances of the City of Austin, 29 CHAPTER III. time — standard. Article 63. The standard time now in use by the railway companies in this section of the United States shall be the official time of the City of Austin, and the city officers and employes shall conform thereto. 30 Eevised Ordinances of the City of Austin. TITLE IX. CEMETERIES. CHAPTEE I. DESIGNATION OF. Article 6-1. The tract of land lying within the limits of the City of Austin, and heretofore set apart for burial purposes, with its divisions of portions, blocks, lots and places for single interments, as now minutely described upon the map of the same now on file in the office of the City Assessor and Collector, together with any and all additions hereafter made thereto, and such other tract or tracts of land as may hereafter be dedicated by the City Council for cemetery purposes, shall be and the same are hereby designated as Oakwood or City Cemetery. Article 65. The streets and avenues in said cemetery shall bear the following names, towit: Main Avenue, commencing at the west en- trance and running due east to the dead house; Central Avenue, com- mencing at the south entrance and running due north to the extreme limits of said cemetery; divert Avenue, commencing at Lot No. 286 and running due east to the limits of the cemetery; East Avenue, West Avenue, South Street, North Street, beginning on east side the streets shall bear the following names: First street shall be East Street; sec- ond street shall be Shady Glen ; third street shall be Fern Dale ; fourth street shall be Sunny Side; fifth street shall be Central Avenue; sixth street shall be Bonita Street; seventh street shall be De Fleury Street; eighth street shall be Eosedale Street; ninth street shall be Woodland Street; tenth street shall be West Avenue. Article 66. The paths beginning at west entrance and running north and south shall be designated by the letters of the alphabet, commencing with the letter "A." The paths beginning on the south fence and run- ning east and west shall be designated by numbers, commencing with number one. Article 67. It shall be unlawful for any person, firm, or corporation to use or permit their servants, agents or employes to use any of the streets within the city cemetery of the City of Austin for the purposes of hauling heavy mateHals or wagons on or through the same, and it shall further be unlawful for any person, firm, or corporation to use said streets within the city cemetery of the City of Austin in traveling through .Eevised Ordinances of the City of Austin, 31 said cemetery and in going to and from place to place in the City of Austin; provided, however, that this ordinance shall not apply to per- sons going in said cemetery for business purposes connected with said cemetery, nor shall it apply to persons having lots or graves in said cem- etery who desire to visit said lots or graves in said cemetery, but it shall be limited to the visiting of graves in said cemetery by persons having graves or lots in said cemetery, and for business purposes, and any other use of said streets shall be in violation of this ordinance. Article 68. Any person violating the provisions of the preceding article shall be .deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding one hundred dollars. Article 69. The City Assessor and Collector shall keep in his office a cemetery book of record, and a map of the cemetery, each showing the names of the portions, numbers of the blocks, lots and parts of lots, and places for single interments, and by whom owned or occupied; and whenever any block, part of a block, lot, part of lot, or place for single interment shall be sold to any person or persons, the Mayor shall, on payment of the money to the Assessor and Collector, make and deliver a deed therefor to the purchaser thereof, and the Assessor and Collector shall enter such sale on his book of record, paying over said amounts to the Treasurer, on his receipt therefor, and shall mark the same on his map. Article 70. The City Assessor and Collector shall place the lots and burial spaces embraced therein on sale for cash to any and all persons desiring to purchase same for burial purposes at prices as fol- lows: $75 per lot; $40 per half lot; $25 per quarter lot; $5 per space for single burial spaces, except single burial spaces for children under five years of age, for which spaces he shall receive $3 each; provided such officer shall, prior to selling any lot or burial space applied for, require satisfactory evidence from the applicant for the purchase of same that it is intended to be used immediately for burial purposes; not more than one lot shall be sold to the same person or family. Article 71. It shall hereafter be unlawful for any person, firm, association of persons or corporations, owning or maintaining any cem- etery or cemeteries within the corporate limits of the City of Austin for the purpose of selling lots therein for the burial of dea 1 human bodies, or the employe or agent of any such person, firm, association of persons or corporation, or the officer of any such firm, association of persons or corporation to charge or accept or to offer to charge or accept as the purchase price for any such cemetery lot or lots, either directly or indi- rectly, any sum in excess of the maximum price fixed for such lot or lots and allowed to be charged therefor by the ordinances of the city, under 32 Eevised Ordinances of the City of Austin. and by virtue of which such cemetery is maintained, or by virtue of which it is allowed to be maintained or operated. Article 72. Any person, firm, corporation or association of per- sons or any agent, employe or officer mentioned in the preceding article hereof who shall violate any of the provisions of this ordinance^ shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars and not more than two hundred dollars. Article 73. Whenever a person or persons shall desire to purchase from the City of Austin a lot or lots in the city cemetery owned by the said city, it shall be the duty of the Tax Assessor and Collector of the City of Austin to prepare a deed for signature for said property and present the same to the Mayor, and it shall be the duty of the Mayor to sign said d6ed and acknowledge the same on behalf of the City of Austin. Article 74. All sales shall be made for cash. Article 75. A schedule showing the sale of all lots and spaces shall be kept posted by the City Sexton in a conspicuous place in the cemetery grounds. CHAPTEE II. the sexton. Article 76. The City Council shall, upon the nomination by the Mayor, or any Alderman, at the same time the officers of the city are appointed, elect a City Sexton, who shall have the superintendence of the City Cemetery, and shall be ex-officio a police officer of the city for the purpose of enforcing the ordinances of the city within the cemetery limits. He shall hold his office for two years, or until his successor is qualified, and, before entering upon the duties of his office, shall execute a bond, payable to the City of Austin, in the sum of one thousand dollars, with two or more good and sufficient sureties, to be approved by the Mayor, conditioned for the faithful performance of all the duties which are or may be enjoined upon him by the City Council. Article 77. For any neglect or violation of the duties prescribed in this charter, or by ordinance of the City Council, the Mayor may sus- pend, or by and with the consent of the City Council, remove the City Sexton from office, but only after trial as in case of other city officers. Article 78. Whenever the City Sexton shall have been suspended from office in the manner above set forth, the Mayor shall appoint some suitable person to discharge the duties of the office during the period of such suspension; and in case of removal, the City Council, upon nomina- tion by the Mayor or any Alderman, shall immediately proceed to elect his successor, who shall hold only for the unexpired term ; and in case Revised Ordinances of the City of Austin. 33 of either suspension or removal, the temporary appointee or successor shall give bond in like manner as prescribed in Article 74 preceding. Article 79. The Sexton shall keep a map or plat of the portions of the cemetery not divided into blocks and lots, and also a record book of the same; and whenever any burial of any stranger, pauper or other person shall have been made in such portion, shall make a record of the same, giving a description of the spot, name of the person so buried, if known, and mark the same upon his map, to show that an interment has there been made, and report the same to the Assessor and Collector. Article 80. Whenever any party shall have selected for purchase any unoccupied block, lot or part of lot, or place for single interment, it shall be the duty of the Sexton to furnish said party with the name and num- ber of the portion, block and lot so selected, and certify that the same is open for selection, so that the Mayor may make a deed therefor ; but the Sexton is not authorized to make any sale of lots or ground in the cem- etery; nor shall it be lawful for him or his family to own more than one block in the cem.etery, which shall be in one piece, and shall not be sold by him to any other party. Article 81. The Sexton shall faithfully inter in their appropriate places the dead bodies of all persons properly presented to him for in- terment, and it is hereby made the duty of the City Sexton that when any dead body or bodies are to be interred he shall at all such occasions, including his assistants, appear and be clothed in white coats, white collar and darlv pants, which, in all cases, shall be neat and clean ; whenever a burial shall so occur as herein mentioned, he shall prepare in advance the ground for their reception in a proper manner and as promptly as possible, so thai, no other grave or lot shall be covered or damaged, taking care that no grave shall be less than four feet in depth, shall superintend the disposition of the body, and shall refill and properly finish off the grave after the body has been buried, preserve order and quiet while the same is being done, and for his services he shall be en- titled to the following fees : For digging the grave and for the interment of person buried at cost of city $ 2 50 For digging grave and interment of other persons, to be paid by the person contracting therefor 5 00 For disinterment, removal and reinterment of a body, for the whole work 15 00 For superintending the work and interment where the grave is dug by others 2 00 And which in all cases include the cost of removing dirt and cleaning up the streets; and that the City of Austin purchase a canopy of suit- 34 Eevised Ordinaxces of the City of Austin, able design to be used for the protection of parties during rainy or extremeU- hot weather. Article 82. The Sexton shall keep a register of the dead buried in the city cemetery,, designating the name, age, sex, color, place of birth, residence and death, cause of death, time of interment, and ijame and number of portion, block and lot, or part af lot, in which interred, and shall keep on file the certificate deceased furnished him in each case, and his books and papers shall be open to the inspection of the members of the Council, Mayor, or other city officers, at' any and all times. Article 83. The Sexton shall not receive within the cemetery any corpse, unless the bearer or bearers thereof shall deliver him the certifi- cate of a licensed physician, or of the Mayor or some magistrate or cor- oner, containing a statement of the place from whence taken, cause of death, sex, color, and the name and age, if known; and if the bearer or bearers as aforesaid shall refuse to give a certificate as above, or if the body be borne to another place for burial, after application as above to the Sexton, the Sexton shall notify the Mayor of the fact at once, in order that he may proceed to inquire if any crime has been committed. Article 84. If any person shall desire to dig a grave with his own hands, he must apply to the Sexton, who shall allow the same to be done, but the Sexton shall himself superintend the work and be responsi- ble for the manner of its execution. Article 85. The Sexton shall make monthly reports in writing to the City Council of the number and kind of interments in the city cemetery, giving name, sex, color, and cause of death, and of the state of repairs and condition of the grounds. He shall take special care that the fences, walls, streets, walks and other public parts of the cemetery' are kept in good condition and perfectly clean, shall superintend all re- pairs done by private parties on their grounds, and shall have such i-epairs made upon the streets and other public places of the cemetery, from time to time, as the Council may order ; and for this purpose shall receive an annual salary of five hundred dollars, payable in equal monthly installments, out of which he shall pay for all repairs and clean- ing on the streets, alleys, sidewalks, and other public places in the cem- etery grounds. Article 86. The Mayor may, using a sound discretion, order the burial in the city cemetery of the dead body of any pauper, or person thrown upon the care of the city, without friends, at the cost of the city. Article 87. It shall be the duty of the City Sexton to keep the gate of the city cemetery so that it can be open to visitors on Sunday from 1 p. m. to 6 p. m. ; and the Sexton, or some person acting for him, shall be present at the entrance or on the grounds, and shall enforce the rules for the preservation of order and decorum and the protection of property. Revised Ordinam^ces of the City of Austin, 35 CHAPTER III. REGULATION OF. Article 88. That it shall not be lawful for any person to have a grave dug, or a body buried in the city cemetery, without the knowledge and approval of the Sexton, nor upon any ground therein without the written consent of the person owning or controlling the same ; and if a grave be so dug, or a body so buried, on a place not purchased by the person so digging or burying, or by those under whose authority he acts, the Sexton shall cause the grave to be closed, or the body to be disinterred and buried in that portion of the cemetery set aside for the interment of strangers, and the Sexton's fee therefor shall be collected as other costs, against the person or persons so ofEending. Article 89. That it shall not be lawful for any person to disinter or remove from any grave or vault in the city cemetery any dead body, or any of the articles thereto belonging, except upon the written consent of the nearest friend of the deceased, the written order of the Mayor, and under the superintendence of the Sexton. Article 90. That it shall not be lawful for the Sexton, without proper authority as provided for in the preceding article, to suffer, cause or allow the disinterment or removal of any dead body, or to participate, directly or indirectly, therein, nor to unlawfully or improperly prevent the interment of any dead body presented for interment with the proper certificate. Article 91. That the Mayor may, using a sound discretion, order the burial in the city cemetery of the dead body of any pauper, or person thrown upon the care of the city, without friends, at the cost of the city. Article 92. That it shall not be lawful for any rail fence to be placed around any lot, block or grave in the city cemetery. Article 93. It shall be unlawful for any person to write upon, cut, break or otherwise injure, mutilate or deface any tombstone, head or foot board or stone, vault, monument, enclosure, tree, shrub, ornament, or other article, public or private in the city cemetery, or any other cemetery or graveyard, public or private, in this city not his or her own property ; or to remove any tree, flower or shrub, from any grave or cemetery lot not his own or her property. Any violation hereof shall be deemed a misdemeanor, and the person guilty thereof, shall, upon conviction, be punished by fine not less than ten dollars nor more than two hundred dollars. Article 94. That it shall not be lawful for any person to ride or drive inside the city cemetery in a gait faster than a walk, nor shall any person ride or drive over or on any lot or lots, whether the same be im- proved or unimproved. 36 Eevised Ordinances of the City of Austin. Article 95. That it shall be the duty of the City Sexton to keep the gate of the city cemetery so that it can be open to visitors on Sunday from 1 p. m. to 6 p. m. ; and the Sexton, or some person acting for him, shall be present at the entrance or on the grounds, and shall enforce the rules for the preservation of order and decorum and the protection of property. Article 96. That any person or persons violating any of the pro- visions of any of the preceding articles relative to "Cemeteries," shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine of not less than five nor more than one hundred dollars, and in addition thereto may be imprisoned in the city prison not exceeding fifteen days for each and every such offense. Article 97. It shall not be lawful for any person to stake or permit to be staked any horse, cow, or mule within the boundaries of any cemetery located within the City of Austin, or to suffer or permit any horse, cow or mule to run at large within the boundaries of any such cemetery, and any person violating the provisions hereof shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five nor more than twenty-five dollars. Article 98. It shall be unlawful for the owner or person in charge of any dog to permit such dog to enter the enclosure of the Austin City Cemetery, and any person who shall violate the provisions hereof shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than five nor more than ten dollars. Article 99. It shall be the duty of the City Sexton to post a copy of the preceding article at each entrance of said cemetery. CHAPTER IV. burial without prohibited. Article 100. It shall be unlawful for any person to bury or cause to be buried, or to in any manner aid or assist in the burial of the dead body of any human being within the corporate limits of the City of Aus- tin north of the Colorado River, except in the State Cemetery, the Mount Calvary Cemetery, and the cemetery heretofore established by ordinances of said city and therein designated as Oakwood or City Cem- etery. Article 101. Any person who shall bury or cause to be buried, or in any manner aid or assist in the burial of the dead body of a human be- ing in violation of Article 100 of these ordinances shall be deemed guilty of a misdemeanor, and,' on conviction thereof, shall be fined not less than fifty nor more than two hundred dollars. Eevised Ordinances of the City of Austin. 37 TITLE X. CORPORATION COURT. CHAPTEE I. establishing and regulating. Article 102, There shall be maintained in the City of Austin what is known as a Corporation Court, which said court shall be pre- sided over by a Recorder, elected by the qualified voters of the City of Austin; that the salary of said Recorder shall be fifty dollars per month, and in addition thereto a fee of one dollar for each criminal action tried and disposed of before him, which shall be paid by a warrant duly drawn on the general fund of the City of Austin; provided, said fee of one dollar shall not exceed in any one month more than fifty dollars. There shall also be a clerk of the Corporation Court, which said clerk shall be known as the Clerk of the Corporation Court of the City of Austin; provided, however, that the said clerk shall be ex-officio day police clerk, and that it shall be the duty of said clerk to keep a docket and minutes of said court, and the judgment and fines so entered, and the payment of said fines, which of said fines are paid, and which of said fines are worked out, and the general disposition of said causes so tried in said court; and it shall further be the duty of said clerk to make a monthly report of said fines and collections and the disposition of said cases and file the same with the City Clerk of the City of Austin. Article 103. The fines imposed in said court shall be the same as are prescribed for like offenses by the penal statutes of the State of Texas, and where said offenses are covered solely and alone by an ordi- nance of the City of Austin, such ordinance shall control. Article 104. The clerk of said court shall tax costs in each case the same as is allowed in the justices' courts of this State to the Justice of the Peace, the County Attorney and the Constable for like services, and said costs and fines shall be collected by said clerk and turned in to the city treasury, as is provided by ordinance. Article 105. The City Marshal of the City of Austin may be per- mitted to take bond with two or more good securities thereon, condi- tioned upon the faithful payment of the fine and cost imposed in any case, provided that in no case shall a bond be taken unless the sum of $7.50 be paid in cash, said bond when so taken to be paid in monthly 38 Eevised Ordinances of the City of Austin. installments of not less than five dollars per month, which said bond must in all cases be filed with the Clerk of the Corporation Court and kept by him open to inspection at any and all times. Article 106. The procedure and the rules of evidence as provided by the statutes of the State of Texas for the County Court shall be the rules of procedure and laws governing the different subjects* tried in said Corporation Court. * Article 107. The City Attorney, either in person or by deputy, shall represent the city in the prosecution of each and every complaint, and for such representation there shall be taxed as costs by the clerk the same fees as are allowed in a like case to the County Attorney by the statutes of the State of Texas governing such matters. Article 108. The City Attorney of the City of Austin shall be al- lowed to appoint a deputy to be confirmed by the City Council to prosecute complaints in the Corporation Court, and the Clerk of the Corporation Court shall tax costs for said attorney in case of conviction the same as are allowed the County Attorney in justice courts, and said clerk shall collect such fee as costs; provided, however, that the said Assistant City Attorney shall be allowed as his sole and only compensa- tion the sum of fifty dollars per month, which shall be paid him each month by a warrant duly drawn by the City Clerk and signed by the Mayor, and attested by the clerk, as is provided for the drawing of warrants in such cases; and provided further, that said attorney's fees shall not be paid unless the cash costs collected shall amount to sufficient to pay same, and should they not amount to sufficient to pay said fifty dollars then the said Assistant City Attorney shall only receive such sum as is collected on said account as attorney's fees. Article 109. That the Corporation Court of the City of Austin shall have concurrent jurisdiction within the limits of the City of Aus- tin within the courts of the justice of the peace. Article 110. Hereafter, when any person is convicted in the Corpo- ration Court of the City of Austin, and a fine is assessed and costs taxed against such person, and such person fails to pay such fine and costs in cash, or fails to give a hiring bond, as required by law, he shall be required to work the same out upon the streets of the City of Austin, or in the preparation of material to be used upon the streets or other public works or places of the City of Austin and the City Cemetery. Article 111. Any person convicted in the Corporation Court against whom a fine is assessed and costs taxed may, upon his making affidavit that he is too poor to pay such fine aiid costs, be permitted to give a hiring bond payable to j;he City of Austin in terms and upon conditions as are now allowed and required by the State law, said bond to be payable in installments of not less than seven dollars and fifty cents per month. Eevised Oedinances of the City of Austin. 39 and to be signed by two or more good and sufficient sureties, and to be approved by the Mayor of the City of Austin; and upon the giving of any such bond, and upon its approval by the Mayor, the Marshal is authorized and directed to turn over to such person so giving bond the said defendant; provided, that should there be a default in the payment of any part of such fine and costs according to the tenor and effect of said bond, the city is authorized to at once enforce the collection thereof in any court of competent jurisdiction. Article 112. Upon the commitment of any person to the custody of the Marshal who fails to pay any fine or costs assessed and taxed against such person, or fails to give a hiring bond therefor, as above provided, the Marshal is authorized and he is hereby instructed to turn over to the Street Committee and the City Engineer, any such person or persons, and they shall be required by the City Engineer and Street Committee to perform such labor as may be required upon the streets of said city, and in the preparation of material for use in and upon said streets or public places, or used in the City Cemetery of the city in connection with and under the direction of the Committee on Ceme- teries. Article 113. There shall be allowed to each prisoner who owes a fine and who is working said fine out on the streets of the City of Austin under the supervision of the officers of the city the sum of one dollar per day, which said sum of one dollar per day shall be credited upon the fine and costs assessed against said prisoner by the City of Austin; provided further, that in addition to said one dollar allow- ance on said fine the city shall feed such prisoner while so engaged in working out said fine. Article 114. Where a person has been fined by the City of Austin and is in the custody of an officer of the city and fails or refuses for any reason to work on the streets of the City of Austin, there shall be allowed to such person as a credit on such fine only the sum of twenty-five cents per day, and in addition thereto such meals as the officers of the City of Austin allow to such prisoners; provided, however, that nothing contained in this ordinance shall be construed to abridge the power of the Mayor and the City Council from at any time remit- ting the fine and costs of any prisoner for good behavior or good work on behalf of the city. Article 115. The Corporation Court shall be opened every morning (Sundays excepted), unless for good cause a postponement be ordered. Article 116. The Eecorder shall require the attendance of the City Attorney, City Marshal or Sergeant of Police, and such of the police as may be necessary for the dispatch of the business of the court, at each meeting thereof, or as early before each meeting as may be neces- 40 Bevised Ordinances of the City of Austin. sar}', to the end that the court may be opened at its regular hour. He shall also compel the attendance of all persons accused of the violation of any law or ordinance and of all witnesses in like manner as in trials before justices of the peace. Article 117. The Recorder shall have power to pnnish for con- tempt, subject to the restrictions imposed by law or ordinance, and shall cause due order and decorum to be observed during the sessions of his court. Article 118. The Recorder shall keep a docket in which he shall each morning enter all affidavits or complaints filed in his court, stating tlie offense charged, the time of filing the complaint, and process issued with the returns thereon, the time of trial, the amount of fine, an item- ized account of the costs, the judgment of the court and the final dispo- sition of the cause. Article 119. If the City Attorney, City Marshal or any policeman shall fail to attend any meeting of the Corporation Court, when required to do so; or, if the City Marshal, Sergeant of Police or any policeman shall wilfully fail, refuse or neglect to execute any Warrant, summons, subpoena or attachment, or other process issued by the Recorder which it is made his or their duty to execute, or if any person shall fail or re- fuse to obey any such process, he or they shall be deemed guilty of con- tempt of court, and may be punished by the Recorder therefor. Article 120. All prosecutions for violation of law or ordinances of the city shall be commenced in the Corporation Court by information or complaint, setting forth specifically and with reasonable certainty the particular act or omission with which the defendant is charged. Such information or complaint shall be in writing and shall be signed and sworn to by the person making the complaint. Article 121. When an information or complaint shall be filed, as provided for in the preceding article, the recorder shall issue his sum- mons or warrant of arrest, as in his opinion the exigencies of the public service may require, which process shall be executed by the City Marshal or any policeman in like manner as similar process from a justice's court may be executed by a Sheriff or Constable ; provided, that nothing herein shall be construed to prevent the Marshal or any policeman of the city from making arrests without process for any violation of law or of the city ordinances when committed in. his presence or view, or in any of the contingencies in which a Sheriff or other peace officer may act. Article 122. If upon the face of any information or complaint, or if upon the trial of any information or complaint, it shall appear that the offense charged is not within the jurisdiction of the Recorder, he shall immediately transfer the case to some justice of the peace for Eevised Ordinances of the City of Austin. 41 . trial or examination, and shall deliver all the papers pertaining thereto to such justice of the peace. Article 123. In all cases of misdemeanor or other violation of law or ordinance in this city the party charged before the court shall be entitled to a trial by jury in the same manner and form as provided by the statutes of the State in cases of trial for misdemeanors before justices of the peace. Article 124. When application is made for a jury in the trial of any cause in the Corporation Court, it shall be the duty of the Eecorder to issue a writ of facias directing the City Marshal to summon a jury of six lawful men, who are qualified. by the laws of this State, to serve as jurors, unless the parties agree to a less number. And any person so summoned, who shall fail or refuse to attend, without good cause shown, shall be deemed guilty of contempt of court, and punished by a fine as provided by law. Article 125. The Recorder in all matters pertaining to the admin- istration of justice, concerning which there is no special provision made by ordinance, shall be governed by the laws of the State of Texas regu- lating proceedings in the justices' courts, so far as the same may be applicable. Article 126. In all trials by jury in the Corporation Court, the city and the defendant shall have the same rights of challenge as in trials before justices of the peace. Article 127. Jurors in trials before the Corporation Court shall be entitled to the same fees for like attendance and service as are allowed by law for jurors before justices' courts, to be taxed against the de- fendant if convicted, otherwise to be paid by the city as provided herein. Article 128. Any person arrested for a violation of the ordinances of this city may be admitted to bail by executing a bond to the city, with sufficient surety, to be approved by the Marshal, in such amount as shall be fixed by the court, such bond to be conditioned for his ap- pearance on a day therein named before the Corporation Court, then and there to answer for the offense with which he is charged, and await his trial, which bond shall be filed with the complaint in the office of the Recorder or City Marshal. Article 129. The Eecorder shall have power to punish all persons guilty of a contempt of his court by fine of not more than twenty-five • dollars, or by imprisonment for one day, or both; and, in case of fine, may commit the offender until such fine is paid, as in case of other fines, but in such case the warrant of commitment shall set forth specifically the facts constituting the contempt. Article 130. Each person rendering jury service in the Corporation Court of this city shall be entitled to a fee of fifty cents for each case 42 Revised Ordinances of the City of Austin, in which such service is rendered, whether the defendant be convicted or acquitted, which fee shall be collected of and from the defendant if convicted; provided, if the defendant be acquitted then such jury fee shall be paid by the City of Austin, and the certificate of the Kecorder containing the number and style of the case, the date of trial, the name and residence of the juror and amount of his fee, shall be sufficient evidence that such service was rendered, and such certificate shall be filed with the City Clerk, and, after being approved by the Finance Committee, an appropriation shall be made by the City Council for the payment of the same, as for other bills and accounts against the city; provided, that such certificate shall not be transferable, and if trans- ferred it shall not be paid by the city. Article 131. It shall be the duty of the City Attorney, whenever it shall come to his knowledge that the City Marshal, Sergeant of Po- lice or any policeman has been guilty of any willful failure or neglect of any duty, to present to the Corporation Court a written statement of such offense, and the Kecorder shall take such action thereon as may be required by ordinance or be proper in the premises, and such state- ment, the proceedings of the Eecorder thereon and all other papers relat- ing thereto shall be presented by the Eecorder to the City Council at its next regular meeting for such action as may be deemed proper by the City Council. Article 132. All bail or appearance bonds taken and approved by the City Marshal or the Eecorder, for the appearance before the Ee- corder of any person charged with the violation of any ordinance of the city, shall be forfeited in the same manner as bail or appearance bonds are forfeited before justices of the peace, and all penalties and forfeitures thereunder may be recovered by suit in the name of the City of Austin in any court of competent jurisdiction. Article 133. The Eecorder may, for good cause shown, continue any case pending before him from day to day, or may postpone the trial thereof to any future day. And the Eecorder may, for good cause, grant a new trial to any person convicted before him of any viola- tion of law or ordinance. Article 134. In all cases where the defendant is convicted in the Corporation Court he shall be entitled to an appeal to the County Court of Travis County upon his motion for a new trial (which shall be in writing and filed within one day after conviction) being overruled, when he shall give notice of appeal in open court, and shall file with the Recorder an appeal bond payable to the City of Austin, in double the amount of the fine and costs assessed against him, such bond to be ap- proved by the Eecorder and to be conditioned that he shall prosecute his appeal with effect, and shall pay the fine and all costs adjudged Eevised Ordinances of the City of Austin. 43 against him by .the County Court, as well as all other costs that may have been adjudged against him in the court below, and such appeal bond shall be filed with the Kecorder within ten days after judgment over- ruling the motion for a new trial has been rendered, and not thereafter. Article 135. The Recorder shall not allow any complaint or infor- mation to be dismissed upon condition that the defendant or person accused shall pay the costs of the prosecution, or any portion thereof, but may require on dismissal of any case by the City Attorney or his deputy a written statement of the reasons therefor, to be filed in his court. CHAPTEE II. the recorder. Article 136. At the time of the election of the city officers there shall be elected by the qualified voters of the city a Recorder, who shall hold his office for a term of two years and until his successor is elected and qualified. 'No person shall be eligible to the office of Recorder who is not a qualified voter in the State of Texas and in the City of Austin. The Recorder shall be a licensed lawyer and competent to discharge the duties required of him by the charter and ordinances of the city, and before entering upon the duties of his office shall take the oath of office prescribed by the Constitution of the State. Article 137. In case of the absence from the city, illness or other temporary inability of the Recorder to discharge the duties of his office, or of his suspension, or of a vacancy in the office, the Mayor may dis- charge the duties of the office of Recorder, or may appoint some person possessing the requisite qualifications to discharge such duties, but neither the Mayor nor such appointee to hold, save until the Recorder shall be restored to duty, or the vacancy, if any, be regularly filled. The Mayor, while discharging the duties of the Recorder, shall receive no pay or compensation therefor, but the appointee above mentioned shall receive the salary of the Recorder during the period he may discharge the duties of the office. Article 138. The Recorder shall hold the Corporation Court within said city, which court shall have jurisdiction of all offenses against the ordinances of the city. He may require of any person arrested under the provisions of the Charter or ordinances of the city a bond for his or her good behavior and to keep the peace, with two good and sufficient sureties, which bond shall be payable to the City of Austin. He shall have full power and authority to issue subpoenas for witnesses, and to compel their attendance by process of attachment. He may issue war- rants of arrest, search warrants, executions, and any other processes which a justice of the peace may lawfully issue in criminal cases, and 44 Eevised Ordinances of the City of Austin. may punish all contempts by fine and imprisonment, or either. He shall have, also, full power and authority to administer oflBcial oaths, and all other oaths or affirmations, and give certificates thereof. He shall be ex officio a justice of the peace, and shall possess and execute within the city limits all the powers and duties of such officer in crimi- nal cases. He shall charge in all cases the same fees which are' allowed to justices of the peace for like services, which shall be charged and collected as other fees, and when collected paid into the city treasury for the use and benefit of the city. He shall be a conservator of the peace, and his court shall be open every day, Simdays excepted, to hear and determine any and all cases cognizable before him, and he shall have the power to bring parties before him to trial forthwith. And he shall perform such other duties as may from time to time be prescribed for him by ordinance. Article 139. Whenever the Recorder has good cause to believe that there has been, or is about to be, any violation of law or ordinance in this city, he may issue his warrant of arrest against the person or persons so offending or being about to offend, summon and examine witnesses, and otherwise proceed to try the same as provided by law or ordinance; and any person summoned to> appear and testify as a witness in any case, who shall fail or refuse to appear, or who, appearing, shall fail or refuse to answer, under oath, all lawful questions propounded to him or her, may be punished for contempt of court, as in other cases of contempt. Article 140. The Recorder shall have power to call to his assist- ance the city police, or any military company or citizens in this city, to assist in quelling or preventing any riot, rout, or unlawful assemblage, breach of the peace, or other violation of law or ordinance; and any and all persons so called upon shall be subject to his orders while on such duty; and any and all such persons refusing to answer any such call from the Recorder shall be deemed guilty of a misdemeanor, and on conviction shall be punished as in other cases of misdemeanor. Article 141. The Recorder may be suspended or removed from office in like manner with other officers of the city for neglect or viola- tion of duty, or for any misbehavior or misdemeanor in office. Revised Obdinances of the City of Austin. 45 TITLE XI. COUNCIL, CITY. CHAPTER I. OKGANIZATION AND PROCEDURE. Article 142. The City Council shall consist of a Mayor and a Board of Aldermen. Article 143. The Board of Aldermen shall consist of fourteen mem- bers, two from each ward, who shall be residents of the wards from which they are elected. Article 144. If any Alderman shall after his election remove from the ward from which he was chosen his office shall thereupon become vacant. Article 145. The City Council shall be the judge of the election and qualifications of its members, and all other city officers, and shall determine contested elections of all city officers, made elective here- under as provided herein, and shall prescribe rules of procedure in cases of contest. Article 146. A majority of the City Council shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members by arrest, or in such manner and under such further penalties as they may prescribe. Article 147. The City Council may determine the rules of its pro- ceedings, punish its members for a wilful violation of its rules and other disorderly behavior; and with the consent of two-thirds of its members elected expel an Alderman, but not a second time for the same offense. Article 148. The City Council shall keep a journal of its proceed- ings, and a synopsis thereof may be published in some newspaper pub- lished in the city by the direction of the City Council; and any Alder- man shall have the right to have the yeas and nays of the members recorded in the journal of its proceedings upon any question voted upon by such members. Article 149. Upon the passage of ordinances appropriating money, imposing taxes, increasing, leasing or abolishing licenses, and of ordi- nances for borrowing: money, the yeas and nays shall be entered on the journal, but no ordinance for borrowing money shall pass except by a vote of two-thirds of the whole Council. 46 Eeyised Obdinances of the City of Austin. Article 150. All ordinances and resolutions of a general character shall be read in the Council on three separate days, unless two-thirds of the Council elected shall dispense therewith. Article 151. A majority of the members of the whole Council shall be necessary to pass an ordinance for any purpose appropriating the sum of five hundred dollars or upwards, or for passing an ordinance in anywise diminishing or increasing the city revenues. Article 152. At the first meeting of the City Council after each general election and after contests of election, if any there be, are dis- posed of, the Council shall elect one of its members President of the Board of Aldermen, who shall hold his office for two years from the date of his election and until his successor is elected and qualified, and who in case of the absence of the Mayor from a session of the Council, shall act as presiding officer of the Council, and who in case of the death, resignation or inability to act or absence of the Mayor from the city shall perform all the duties of the Mayor, and in the absence of the Mayor and President of the Council any Alderman may be elected by the members present to preside, who shall exercise all the rights of the President of the Council in such cases. Article 153. That the President of the Board of Aldermen shall vote only as an Alderman. Article 154. The meetings of the City Council shall be held at the Corporation Court room in the City Hall, and there shall be a regular stated meeting of the City Council at least once a month, and no notice of which meetings shall be necessary, and such special meetings as the Mayor and any three Aldermen may deem necessary. Article 155. Calls for special meetings shall state the nature of the business to be transacted at the meeting, and shall be read to each Alderman to be found in the city, or if any Alderman is out of the city a copy thereof left at the place of business of such Alderman as may not be seen in person by the policeman of the City of Austin serving the notice, who shall report in writing to the Council at the hour set for the meeting whom be has served and how he has served such notice, and the reason for not serving each Alderman in person. If it shall appear that two-thirds of the Aldermen have been served personally the Council may proceed to transact the business mentioned in the call, as if all the Aldermen had been personally notified of the meeting. The said notice and the return of the officer shall be recorded in the minutes of the meeting of the Council and shall be evidence of the nature of the call, and the service of the notice thereof. Article 156. That the Mayor shall preside at all raeetings^ of the City Council except as herein otherwise provided, and shall have a casting vote when the Council is equally divided, and not otherwise. Eevised Ordinances of the City of Austin. 47 Article 157. That in case of a tie vote by the Council, the Mayor shall have the casting vote. CHAPTEE II. POVV^ERS OF. Article 158. The said City Council shall have power and authority to fund, refund, compromise, adjust, scale or settle all or any part of the bonded indebtedness of said city, and for that purpose to issue re- funding bonds. Article 159. The City Council shall have power by ordinance to regulate the mode and manner of making out tax lists, inventories and appraisements of property for taxation and to prescribe the oath that shall be administered to each person on such rendition of his property, and to prescribe how, when and where property shall be rendered, and to prescribe the number and form of assessiflent rolls, and to fix the duties and to define the powers of the City Assessor and Collector and adopt such measures as the Council may deem advisable to secure the assessment of all property subject to taxation within the city, and to collect the taxes due thereon; and may by ordinance provide that any person, firm or agent in control, having property subject to taxation, or being liable for any tax under the provisions of the charter, and neg- lecting, failing or refusing to render a list, inventory and appraisement thereof, or failing or refusing to make oath thereto^ as required by the ordinance of said city, shall be liable to fine and imprisonment or either as may be prescribed. Article 160. The City Council shall have the care, management of the city and its property and finances, except as may be herein other- wise specially provided for, and shall have the power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of the State, and such ordinances to. alter, modify or repeal. Article 161. The City Council shall have the power within tho city by ordinance to levy and collect an annual tax, not exceeding two and one-half per cent of property values within the said city, and to pledge a part of said general revenue, not to exceed one-fourth of one per cent of the total taxable values for the liquidation, settlement and payment of the money to become due by virtue of tlie terms of any contract which may be by said city made for the purchase of any water, light or power plant at present owned and operated in said city by private persons or corporations, and to raise such further amount as may be necessary to pay interest and two per cent sinking fund annu- ally on all bonded debts of the city, and to raise money on the credit of the city for a special and definite purpose, by issuing bonds of the city or otherwise. 48 Revised Ordinances of the City of Austin, Abticle 162. The City Council shall have full power and authority to provide, by ordinance for the seizure and sale by the City Assessor and Collector of a sufficient amount of personal property of any delin- quent taxpayer to pay all taxes due by such delinquent to the city, to- gether with all interest, penalties and costs. Article 163. The City Council shall have full power and authority to pass all ordinances necessary to regulate advertisements and sales by the Assessor and Collector of property upon which taxes may be un- paid and to provide for the perpetuation of all proceedings with refer- ence to such advertisement and sales and for execution of title to pur- chasers of property at tax sales, and to pass all ordinances necessary to enforce the collection of taxes; provided, that such ordinances shall allow any person whose real property has been sold for taxes at least two years from the date of the collector's deed to redeem the same, by paying double the amount paid for same. Article 164. The City Council may provide by ordinance, that there shall be collected five per cent penalty against the person, firm or corporation failing, neglecting or refusing to pay their or its taxes by the time when the same begin to bear interest, but the City Council shall not have the power of repealing any tax levy after it has once finally passed same and after taxes have been partially collected there- under. Article 165. The City Council shall have power to levy and collect an occupation tax on all occupations, callings, business and professions taxed by the State of Texas and to provide adequate means for enforcing collection of the same, and to provide for the assessing and levying of the taxes aforesaid, and to determine when taxes shall be paid, but it shall not have the power to compromise back taxes. Article 166. The City Council shall have exclusive control and regulation of all streets, alleys, sidewalks and highways and public squares within the corporate limits of the city, and shall have power : 1. To abate and remove encroachments thereon in summary manner. 2. To put drains and sewers therein, and when necessary to ap- propriate private property for that purpose; for the purpose of estab- lishing streets and alleys to be condemned according to the laws relat- ing to the condemnation of property by railroad corporations, the city occupying the place of the railroad corporation in such cases. 3. To permit and regulate the laying of gas and water mains therein, and the erection of telegraph and telephone and electric light poles therein. 4. .To regulate, establish and change the grade of all sidewalks, streets and alleys, and to require and compel the cutting down or filling up and raising of such streets, sidewalks and alleys. Revised Ordinances of the City of Austin. 49 5. To construct, regulate and keep in repair all culverts, sewers and crossings, and to control and regulate the use of same. 6. To construct, regulate and keep in repair all necessary sidewalks, footways and streets. 7. To grade, cut down and fill up the same. . 8. To regulate the use of the same and abate and remove encroach- ments and obstructions thereon, and to compel the same; provided, that when the City Council has once established a grade for any street, sidewalk, alley or park, and any owner of property abutting thereon has improved such property to conform to such grade, then the City Council shall not have authority to change such grade, except by con- sent of a majority of the owners by feet frontage of the property in front of which it is proposed to change such established grade. 9. To vacate streets and alleys. Article 1G7. That the City Council shall fix and determine the nature of all sidewalks, streets, drainage and sewerage improvements and decide the kind of material to be used, and shall also fix and de- termine the necessity, nature and extent of streets and sidewalk im- provements, repairs and reconstruction, and may at its discretion cause all or any part of such streets and sidewalks to be constructed, recon- structed, graded, regraded, paved, repaved, or in any other way re- paired, improved or maintained, and said council shall have full power and authority to provide, by ordinance, for the manner of determining, after notice and by due process of law, of the amounts of benefits to each parcel of abutting property by reason of any such improvements, repair or reconstruction, and of a fair and just proportion, and of the amount of the cost of the same to be paid by each abutting owner, and may agree with such owner as to assessment for same. Article 168. The City Council shall appoint five citizens of Aus- tin, who shall constitute a Board of Street and Sewer Commissioners. Article 169. The City Council shall have power to employ and fix the compensation of such agents as it may deem for the best interest of the city; provided, that the compensation of such agents shall not be increased during the time of their employment ; and provided further, that the City Council may abolish any place created by it, and also discharge any person employed by it at any time that it may deem that the best interest of the city requires such action; and the city shall not be liable for the salary of such person after the place to which he has been elected has been abolished or he has been discharged by the City Council. Article 170. That the City Council shall have power by ordinance! 1. To make regulations, to prevent the introduction or spreading of any contagious disease within the city, to make quarantine ordinances 50 Revised Ordinances of the City of Austin. for that purpose, and to enforce them within the city and within ten miles thereof, and to enforce vaccination, and to establish hospitals, and to make regulations for the government thereof within and without the city limits; and to make and enforce all other necessary regulations to secure the general health of its inhabitants. 2. To establish or erect or cause to be establish or erected market and market houses; to designate, regulate and control market places and privileges, and to inspect within or beyond the city limits and determine the mode of inspecting cattle, meats, birds, fowl, fish, vegetables, fruits, milk, and to seize and destroy any decayed or unwholesome fruit or vegetables, any impure or unhealthy or unwholesome meats, birds, fowl or fish and to regulate, license, control or prevent the sale or keeping for sale on public streets, squares and alleys of any article of food or drink, or any goods, wares and merchandise of any kind whatever. 3. To regulate, restrain, locate, abate or prohibit slaughter houses, glue factories, bone boilers, hide houses or establishments for curing hides, soap factories, places for rendering lard, tallow, offal and other substances that can be rendered, and all other establishments where any nauseous, dangerous, offensive or unwholesome business may be carried on. 4. To define what shall be a nuisance in the city, and to punish the authors thereof by penalties, fines and imprisonment. 5. To do all acts and make all regulations which may be necessary or expedient for the promotion of health or suppression of disease. 6. To co-operate with the Commissioners Court of Travis County in making such improvements connected with the city and county as may be deemed by the City Council and Commissioners Court neces- sary to improve the public health and to promote efficient sanitary regu- lations, and by mutual agreement they may provide for the construction of such improvements and the payment therefor. 7. To regulate the burial of the dead and to prohibit public funerals in cases of death from contagious or infectious diseases; to purchase, establish and regulate one or more cemeteries within or without the city limits; to regulate the registration of marriages, births and deaths; to direct the returning and keeping of bills of mortality, and to impose penalties on physicians, ministers, sextons and others for any default in the premises. 8. To provide for the erection of all needful buildings for the use of the city within its limits, and to determine when it is necessary to acquire property or the use thereof by the power of eminent domain for all purposes for which the city may lawfully exercise such power. 9. To license and regulate ^auctioneers, grocers, merchants, retailers, hotels, boarding houses and bakeries, and to license and regulate or Eevised Ordinances of the City of Austin. 51 suppress by ordinance hawkers, peddlers, brokers, pawnbrokers and money changers, 10. To license and regulate hacks, carriages, omnibuses, wagons and drays, and to fix the rate to be charged for carriage of persons and for wagonage, cartage and drayage of property. 11. To license and regulate theatrical and other exhibitions, shows and amusements. 12. To license and regulate billiard tables, bowling alleys, restau- rants, drinking houses and saloons, and all places and establishments where intoxicating or fermented liquors are sold, and to regulate their location; and to restrain and suppress street beggars, disorderly houses, lotteries and all fraudulent devices and practices. 13. To suppress gaming and gambling of all kinds and descriptions, and to prevent the same. ■ 14. To prohibit bawdy houses, houses of prostitution and assignation houses, and to punish prostitutes and keepers of houses of prostitution within the city. 15. To provide for the prevention and extinguishment of fires, and to organize and establish fire companies; also to regulate, restrain and prohibit the erection and repair and maintenance of wooden buildings in any part of the city, and to declare all wooden buildings which they may deem dangerous on account of fire nuisances, and to require the same to be removed in such manner as the Council may direct. 16. To regulate and prevent the carrying on of manufactories dan- gerous in causing or producing fires; to appoint fire wardens and prop- erty guards with power to remove and keep away from the vicinity of any fire any suspicious person lurking near the same, and to compel any person or persons present to aid in extinguishing the fire or in the preservation of property exposed to the same, and to prevent goods from being purloined thereat, and with such other powers and duties as may be prescribed by ordinance. 17. To compel the owners of house,s and other buildings to have scuttles upon the xoof of any such buildings or houses and stairs. and ladders leading to the same. 18. To create a Board of Fire Commissioners. 19. To regulate and prescribe the manner of building partition and parapet walls and of partition fences. 20. To establish standard weights and measures, and to regulate the weights and measures to be used in the city in all cases not otherwise provided for by law. 21. To provide for the inspection of lumber, the measurement thereof and other building materials. 52 Eevised Ordinances of the City of Austin. 22. To provide for the inspection and weights of hay, the measure of charcoal and other fuel to be used in the city. 23. To regulate and prescribe the duties and powers and compensa- tion of all officers and employes of the city in accordance with limitations of this charter_, and to require bonds from them. 24. To provide for the taking of an enumeration of the inhabitants of the city. 25. To provide for the removal from office of any person holding an office created by this act or by ordinance not otherwise provided for. 26. To fix the compensation and regulate the fees of all jurors and witnesses, to impose fines, forfeitures and penalties for the breach of any ordinance, and to provide for the recovery and appropriating of such fines and forfeitures and the enforcement of such penalties; provided, that no penalty shall exceed a fine of two hundred dollars or imprison- ment not exceeding fifteen days for any one offense, or both. 27. To erect a workhouse and prison and a house of correction, and to provide for the regulations and government thereof. 28. To regulate and license all ferries and toll bridges within the limits of the city except that portion of the Colorado River above the northern boundary corporate line of the city calling to run westwardly would intersect the Colorado Eiver if prolonged westwardly, nor shall any ordinance be enforced prohibiting hunting or fishing on said por- tion of the river; provided, that hunting or fishing in said territory may be regulated by the City Council. 29. To prevent and restrain any riot, disturbance or disorderly as- sembly in any street, house or place in the city. 30. To use, regulate, improve, grade and control all grounds owned by the city within its limits. 31. To regulate the size_, number and manner of construction of doors and stairways of theaters, tenement houses, audience rooms, public halls and all buildings used for the gathering of large numbers of people, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exits in case of fire. 32. To require the construction of suitable fire escapes on or in hotels, lodging houses, factories and other buildings, whether now or hereafter to be built. 33. To authorize one or more officers, agents or employes of the city to enter into and open all buildings and premises for the purpose of examining and discovering whether or not the same are dangerous on account of fire or in an unclean state, and cause the defect to be reme- died and filth and trash to be removed, and generally the Council shall have the power to establish such regulations for the prevention and extinguishment of fires as it may deem expedient. Eevised Ordinances of the City of Austin. 53 34. To prevent, prohibit and suppress horse racing, immoderate riding or driving in the streets; and prohibit and punish abuse of and cruelty to animals of every kind; to compel persons to fasten their horses or animals attached to vehicles while standing or remaining in the streets or other public places. . 35. To prohibit the rolling of hoops, flying of kites, firing of fire- crackers or fireworks of any kind, or any other amusement having a tendency to annoy persons passing the streets or on the sidewalks; to restrain and prohibit or regulate the ringing of bells, the blowing of horns, whistles or bugles, the crying of goods and all other noises, practices or performances tending to collect persons on the streets or sidewalks by auctioneers or others for the purpose of business or other- wise. 36. To prevent all boxing matches, sparring exhibitions, cock fight- ing and dog fighting, and punish all persons making such exhibitions. 37. To regulate and prevent drumming on the streets or sidewalks, railroad platforms or other public places. 38. To require the owners of private drains, sinks and privies to fill up, clean, drain, relay, alter, repair, fix and improve the same as they may be ordered by resolution or ordinance, so as to prevent the same being or becoming a nuisance, and to impose penalties on persons not doing the same. And if there be no person in the city upon whom such order can be served, the city can have work done and the cost of same shall be a lien on the property taxed up against and collected in such manner as the City Council may direct. 39. To build, own and operate street railroads within and beyond the city limits. 40. To preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of trains, and to make and regulate stands for vehicles at said depots and other public places, 41. To prohibit and regulate the driving of cattle or other animals through the streets of the city. 42. To inspect the construction of all buildings in said city, and to compel the connection of all buildings with sewers when such build- ings are in the sewerage district where sewers are in operation, and to prescribe the rates charged for such sewerage. 43. To regulate and locatie the erection of all poles in the city, and cause the same to be changed, whether telegraph, telephone, electric light or otherwise. 44. To regulate the speed of locomotives, engines and other cars and vehicles in the city. 45. To direct and control the laying of railroad tracks, turnouts and switches, and require that they be constructed and laid so as to 54 Revised Ordinaxces of the City of Austin. interfere as little as possible with the ordinary travel and use of the streets, and to require that they be kept in repair. 46. To erect, construct, build, operate and maintain a water and electric light system to supply the city and its inhabitants with water and electric lights by constructing and maintaining a reservoir of water in and about the channel of the Colorado Eiver within and without the city limits by means of the dam across the same, as the same is now constructed, to serve as a reservoir and to furnish power to operate an electric light system and build such other reservoirs as may be neces- sary at such an elevated point within and without the city as may be necessary to supply the higher portions of the city with water. That for the purpose of constructing and maintaining such water and light system the city shall have the power to take, hold and acquire such property within or without the limits of the city as may be necessary for the city to obtain in order to build such system or any part thereof, but no property shall be taken overflowed with water or otherwise damaged by the city within or without the limits for such purpose without the consent of the owner thereof except by due process of law, and upon making adequate compensation for the property so taken or damaged or overflowed. When the owner of property which shall be overflowed or damaged by the construction of such system of water and light works, or which it may be necessary for the city to acquire, can not agree with the city as to the amount to be paid for injury to property or for over- flowing same or the price which the city should pay to acquire such property the city may condemn such property as it may deem necessary for it to acquire for such purposes, and have the damages assessed which the city should pay for injury to property to be overflowed by water or otherwise injured in the manner that railroad corporations are now or may from time to time be authorized to condemn property, and may in like manner have the damages to be paid for the property injured or overflowed assessed and established, the city occupying the place of the railroad corporation in such proceedings. 47. To provide for the inspection of boats carrying passengers and freights for hire on the reservoir or lake on the Colorado River, formed by the construction of the dam across said river, and to prescribe all necessary rules and regulations for the safe conduct of boats thereon, and to exercise general police power over said reservoir or lake. 48. To regulate the use of locomotive engines, and to direct and control the location of cables and all other railroad tracks, and to re- quire railroad companies of all kinds to construct at their own ex- pense such bridges, turnouts, culverts and crossings as the City Council may deem necessary. 49. To regulate the speed of railway trains in the city limits and Eevised Ordinances of the City of Austin. 55 their stops at the crossings, and require said companies to keep the streets through which they run in repair. 50. To regulate the running of horse railroad cars or cars propelled by dummy engines or other power, and laying down tracks for the same; the transportation of passengers thereon, the form of rails to be used. 51. To establish and regulate public pounds, and to regulate and prohibit the running at large of horses, cattle, mules, sheep, swine, goats, geese, dogs, and other animals or fowls, and to authorize the distraining, impounding and sale of same for the cost of the proceeding and the penalty incurred, and to order their destruction when they can not be sold, and to impose penalties on the owners or harborers thereof for vio- lation of any ordinance. 53. To provide for the holding of election by the people, and to regulate the manner of holding the same, and every male inhabitant in the city qualified to vote for State and county officers in Travis County who shall have resided six months in the limits of the city shall be qualified to vote for city officers under this act. 53. To consent that the Mayor shall remit specific fines, forfeitures and penalties and grant specific reprieves and pardons for offenses aris- ing under the ordinances of the city. Article 171. The Council may enact any ordinance not in con- flict with the penal laws of this State. Article 172. Whenever any vacancy shall happen in the office of Mayor or Alderman within six months before time for holding a general election, it shall be filled by election by the City Council of some person not a member of the Council. Article 173. The City Council may require a new bond of the City Assessor and Collector if in their opinion the existing bond is insuf- ficient. Article 174. That the City Council shall' have power subject to the restrictions herein contained to make all ordinances which may be necessary and proper for carrying into effect the powers specified herein; provided, that the Council shall have no power to prohibit the owners of property abutting on the Colorado River from fishing in that river and resorting thereto for water and having access thereto for themselves and stock. Article 175. Whenever an election is contested the City Council shall determine the same. 66 Eevised Ordinances of the City of Austin. CHAPTER III. requirements of. Article 176. The Council shall within two months after the be- ginning of each fiscal year, and after the salaries of officers and regular employes shall have been fixed for the year, cause to be made or adopt an estimate of the probable income from all sources which will be col- lected for the general fund during the fiscal year, and of the expenditures to pay salaries and wages of officers and regular employes and of the amount required to meet the other ordinary expenses of the city gov- ernment, not including work on streets and bridges or other public im- provements ; said estimate shall be spread upon the minutes of the Coun- cil when adopted, and may be amended when the Council may deem them incorrect. Article 177. After the adoption of the said estimate, it shall be unlawful for the City Council to so appropriate sums out of the general funds as to reduce the general fund below the amount which if said estimate be taken as correct will pay the said estimated expenses of the city government for the pending fiscal year. Article 178. The City Council shall cause to be published within a month after the end of each fiscal year a full, complete and detailed statement of all moneys received and expended, classifying each receipt and expenditure under its proper head. Article 179. The Council shall provide for such policemen as may be necessary for the proper policing of the city, which policemen shall receive such compensation as inay be provided by the Council. Article 180. The City Council shall by ordinance prescribe the rules to govern the said Board of Equalization. CHAPTEE IV. proceedings of MAY BE PUBLISHED. Article 181. Whenever the Council may so direct, a synopsis of the journal of its proceedings may be published in some newspaper published in the city, but such proceedings shall not be published unless it be by direction of the City Council. Revised Ordinances of the City of Austin. 57 TITLE XII. ELECTIONS. CH'APTER I. REGULATION OF. Article 182. The City Council shall provide for the holding of elec- tion by the people, to be held in accordance with law, and every male inhabitant in the city qualified to vote for State and county officers in Travis County who shall have resided six months in the limits of the city shall be qualified to vote for city officers under this act. Article 183. The officers of the city to be elected by the voters of the city shall be elected at a regular city election to be held on the first Monday in April of each odd year. Article 184. When two or more persons shall have an equal. number of votes for any office a new election shall be ordered by the Mayor ex- cept when the election is contested, and when contested determine such tie. Article 185. Whenever any vacancy shall happen in the office of Mayor or Alderman more than six months before a general election same shall be filled by a special election by the qualified voters of the city. Article 186. All elections shall be by ballot, and shall be held at such times and places as the City Council shall appoint, except that general elections shall be held on the first Monday in April of each odd year, and all elections shall be on a Monday. Article 187. Judges of election shall be appointed by the City Council ; they shall take an oath to faithfully and impartially discharge their duties; they shall open the polls at 8 o'clock a. m., and close them at 6 o'clock p. m. The election shall continue but one day, and during that day the polls shall be closed under no pretext whatever until 6 o'clock p. m. After the polls are closed the judge? shall proceed to as- certain and certify the result of the election ; provided, that each political party shall be entitled to have present, when the ballots are counted, one or more representatives of its own selection, but no person shall be per- mitted to interfere with or obstruct the judges of election in counting the ballots and declaring the result. Article 188. Xo election shall be held in any grog shop, saloon, or other places where intoxicating liquors are vended. 58 Revised Ordinances of the City of Austin. Article 189. Printed or written instructions and blanks for the returns shall, in all cases, be furnished to the judges of election by the Mayor, and all returns of elections shall be directed and delivered to the Mayor. The judges of election shall, in all cases, preserve a duplicate copy of the returns. Article 190, Whenever any election is to be held for the city, either at the general elections or to fill a vacancy, the Mayor shall give notice thereof at least ten days before the day fixed for said election, by printed notices posted in three or more publia places in the city, setting forth clearly all the requirements of the law to the voters, the places of voting, the officers to be elected, and the time fixed for said election; naming at the same time, the judges and clerks appointed by the City Council for each place of voting, such places of voting to be fixed by the City Coun- cil, and the manner of conducting said election and making the returns thereof shall be the same as is provided by law in State and county elec- tions, except as modified in the charter of this city. CHAPTEE II. CONTEST OF. Article 191. All contested elections shall be tried and determined by the City Council. Any person desiring to contest the election of any officer in this city shall, within three days after the return day, give him notice thereof, in writing, and shall deliver to him a written state- ment of the grounds of his contest. And the person whose election is contested shall, within three days after receiving such notice and state- ment, deliver to said contestant his reply to said statement. The City Council, in the trial of contested elections, shall be governed by the laws of the State of Texas regulating contested elections for State and county offices, so far as the same are applicable. Article 192. All contested elections shall be decided within fifteen days from the date of election. Article 193. In all cases of contested election before the City Coun- cil, the proceeding shall be conformed as nearly as may be to the pro- visions for removal and suspension of officers of the city. Article 194. At the trial of a contest for the office of Alderman, the Mayor shall preside ; but when the contest is for the office of Mayor, the President of the City Council shall be presiding officer, but without a casting vote. Article 195. In case of a contest for the office of Mayor or Alder- man, if the same be decide^d in favor of either party, such successful con- testant shall be immediatelv declared elected and installed in office ; other- Eevised Ordinances of the City of Austin. 59 wise the office shall be declared vacant by the Boartl of Aldermen, when the Mayor shall order a new election. Article 196. In any case of contested election, the Council shall, upon the evidence presented, decide the contest by a majority vote of a full Board of Aldermen, the Mayor having a casting vote in ease of a tie. 60 Bevised Ordinances of the City of Austin. TITLE XIII. FIRE, PROTECTION AGAINST. CHAPTER I. fire department, i. organization. Article 197. The Fire Department of the City of Austin shall consist of officers and members of the engine and hook and ladder and hose companies now organized and all such other companies as may here- after be organized in the city and admitted to the Fire Department under the regulations hereinafter provided. Article 198. The officers of the Fire Department shall consist of one Chief Engineer, one Assistant Chief Engineer and one Eecorder, to be elected annually by ballot on the third (3rd) Monday of March of each year, at such place as may be selected by the Mayor, the polls to be opened at 3 p. m. and closed at 9 p. m., to be under the supervision of one member of the Fire Department, selected by the Mayor, and one member from each company, to be selected by the companies. The candidates for the above named offices to be chosen from the members of the Fire Department, and when so selected and confirmed by the City Council, shall be inst.alled on the anniversary of the Battle of San Jacinto following, and shall hold their respective offices until their successors are duly elected and qualified. In case of any vacancy in the above named offices of the Fire Depart- ment, the Foreman and Assistant Foreman of the respective companies shall meet as soon thereafter as practicable and select by ballot such person as they may want appointed, whose name shall be presented to the City Council for confirmation or rejection. In case of rejection by the City Council of the person named, another meeting shall be held, and they shall in the same manner select some other person, whose name sliall be sent to the City Council for confirma- tion. Article 199. No person shall be eligible to the office of Chief En- gineer, Assistant Engineer or Recorder unless he has been an active member for three (3) years next preceding his election. Article 200. The election of officers shall be by ballot, each member Eevised Ordinances of the City of Austin. 61 of the Fire Department being entitled to one vote ; plurality of votes cast, when more than two candidates, elects. The Department shall meet at time and place appointed, of which ten (10) days' notice shall be given by the Chief Engineer. Article 201. Vote shall be by Australian ballot system. Article 203. Official ballot shall be prepared by Department officers and placed by them in the hands of a printer, selected by them, at least five (5) days before the day of election. Article 203. The necessary election expenses incurred, printing of ballots, etc., shall be paid out of the Department funds. Article 204. All members of any company belonging to the De- partment are entitled to vote in all ballot elections ; providing the mem- ber offering to vote has been such a member ninety (90) days prior to the date of election; and, providing further, that no company shall be entitled to vote more votes than it has members under its Constitution. Article 205. The Secretary of the various companies of the Depart- ment shall furnish to the Eecorder'of the Department a certified list of their members who are qualified voters, ten (10) days prior to the date on which any election is to be held. Article 206. The Chief Engineer, the Assistant Chief, the Eecorder and Foreman of each company, with the Fire Committee of the City Council, shall constitute a Board of Fire Commissioners, vested with authority to make such rules and regulations pertaining to the Fire Department as may be necessary from time to time, and to investigate and adjudicate in all cases of irregularity, insubordination or disorder arising at fires, or on any other case in the Fire Department, the action of said board to be final. Article 207. The Fire Commissioners shall meet at the call of the Chief Engineer, who shall issue such call whenever he deems the inter- est of the Department requires it, or whenever three (3) members of the Fire Commissioners make a request to do so, and two-thirds (f) of the members of the Board shall constitute a quorum. Article 208. When any new fire company is proposed to be organ- ized, a roll of the proposed active members shall be submitted to the Board of Fire Commissioners, whose duty it shall be forthwith to exam- ine into the good character and capacity, as firemen, of the persons pro- posed, and also as to the necessity of the proposed comj^anv, and, on their favorable report to the City Council, said new companies may be organized and admitted to the Fire Department, and not otherwise. Article 209. There shall be elected annuallv by each fire company, at such time as they may determine, from their own members, one Fore- man, one Assistant Foreman, one Second Assistant Foreman, and such other officers as they may deem necessary, who shall be furnished with 62 Eevised Ordinances of the City of Austin. a certificate of their election by the Secretary of the company, that they may be commissioned by the Mayor. Article 210. The number of active members shall not be less than twenty (20) nor more than seventy-five (75) men, each of whom shall be reported by name to the Mayor, provided that each company shall have the right at any time, as a reward for long services or other merit, to place upon a roll of retired or honorary membership any member of said company whose name shall not be entered upon the roll of active members, but who shall be entitled to the benefits of members, without compulsory services or assessment; and provided, that this section shall not conflict with the number of men allowed by the State legislation to chartered companies. Article 211. The Chief Engineer shall command the Fire Depart- ment. It shall be his duty, with the force and apparatus under his command, to prevent the destruction by fire of buildings and property within the City of Austin; and he shall exercise full authority in the premises, according to such ordinances as the City Council have or may hereafter ordain ; and the Chief Engineer and Department shall be responsible only to the City Council for their official acts and conduct. The Chief Engineer shall be empowered, and it shall be his duty, to call out the entire Fire Department once a year for general inspection of engines, trucks, apparatus and equipments, and for the washing of engines; the 21st day of April of each year shall be the time at which this is to be done, and it shall be his further duty to make a report of such inspection to the City Council annually, and such report shall be made prior to January 1st of each year, and which report shall contain a return of the property of the city in the possession of each company, and shall further contain an account of services rendered by each com- pany and the manner in which the several companies have discharged their duties. The Chief Engineer shall further have the power to suspend any one company for one month for neglect of duty or refusal to obey his ordiers, and report the same to the Council, who may order said company to be disbanded or reinstated by resolution. It shall not be lawful for the Chief to call out the Department for other than -annual parade, annual inspection, or for the funeral of the deceased members of the Department and officers of the citv' government. Article 212. It shall be the duty of the Chief Engineer, at least once a month, to make a thorough inspection of the apparatus, buildings and other public property in the keeping of the various companies, to see that they are at all' times kept in good order and condition, ready for use, and to make a full report of the condition of the Department, and of the property of the city in their possession to the City Council an- Revised Ordinances of the City of Austin. 63 nually. He shall also receive from any of the companies composing the Department communications on the subject of repairs required to the apparatus or buildings or other wants of the companies, and submit the same, with his recommendations on the subject, to the City Council for final action. Article 213. The Chief Engineer shall be the first executive officer of the Fire Department, and shall have general supervision over all officers, members and employes thereof. He shall also have and exercise supreme command at all fires over the officers, members and employes and over all the apparatus and appurtenances belonging to the Department. He shall take all measures which he may deem expedient for the ex- tinguishment of fires and the protection of property and saving of life, and shall see that all laws and ordinances of the city and State, and all orders and rules and regulations concerning the Fire Department are en- forced. In case of absence of the Chief Engineer and Assistant Engineer, the senior Foreman of the companies present shall take command of the Department and be obeyed as Chief. And immediately after the S'an Jacinto celebration of each year, the Chief Engineer shall issue an order giving the dates of seniority of each Foreman, who shall rank in the order of such seniority, and be obeyed accordingly while in command of the Department, as before stated, and shall at once designate the senior officer. Article 214. It shall be the duty of the Assistant Chief Engineer to execute all orders given him by the Chief Engineer in the extinguishment of fires ; and in the absence of the Chief Engineer, he shall assume and take command of the Fire Department, and act as the Chief Engineer, and he shall be governed by the same ordinances and laws that govern the Chief Engineer while in command. Article 215. All communications from the Mayor or Citv Council to the Fire Department shall be made through the Chief Engineer, or, in his absence, through the Assistant Chief Engineer of the Fire Depart- ment. • Article 216. All officers and members of the Department are strictly forbidden to make any purchases for the Department, except by direction of the Fire Committee of the City Council and the Chief Engineer, and all expenditures in and about the repair of the fire engines, or any of the apparatus, shall be made under the direction of the Chief Engineer. Article 217. It shall be the duty of the Recorder of the Department to keep, in a book provided for that purpose, a fire register, showing the names, date of election and term of service of officers and members of the. Department, the data for Avhich shall be furnished monthly by the 64 Revised Ordinances of the City of Austin. Secretaries of the respective companies, giving the names of new mem- bers and of any deceased, resigned, suspended or expelled. He shall also be present at all fires, where he shall take command of the Fire Police and establish and stretch the lines as directed by the Chief Engineer. He shall also act as Recorder for the Board of Fire Commissioners, and perform such other duties as are required by the Chief Engineer. Article 218. There shall be a Fire Police, consisting of three (3) members of each company of the Department, who shall be appointed by the respective companies for the term of one year. The duties of the members of the Fire Police shall be and extend to anything connected with fires, to serve as police at fires, for the protection and preservation of the peace and of property, and for the prevention of robbery and of crime; to prevent the interference or intermeddling of all persons not belonging to the Fire Department. The mem!bers of the Fire Police shall be sworn in as special policemen of the city by the Mayor, and shall have all powers and authority vested in special police officers, and they shall be fTirnished with a badge marked with the words "Fire Police," to be worn at all times; and each of the Fire Police and the Recorder shall be furnished with a uniform whistle for signaling. The command of said Fire Police shall devolve upon the Recorder of the Department, who shall only be subject to the orders of the Chief or officer in command of the Department. Article 219. The Recorder shall have authority to appoint an as- sistant from the Fire Police, who shall serve in absence of the Recorder and be designated as "Captain of Fire Police." It shall be the duty of the Fire Police to stretch lines under instructions of Recorder, and to keep all persons other than firemen outside of the line. Article 220. Every member of the Fire Department on duty at fires shall wear in a conspicuous place the badge adopted by his company. Article 221. Whenever any engine, truck, ladders, hose or other property whatever shall be furnished to any fire company by the city, the Foreman of said company shall receipt for each and every item thereof on the property books of the Chief Engineer, and he and his successors shall be responsible for the safe-keeping thereof, and shall, on the first (1st) Monday in December of each year, make to the Chief Engineer a report of the condition of said property, including all articles lost, destroj'ed, damaged or worn out, and the cause thereof. Article 222. It shall not be lawful for any person, imder any pre- text whatever, other than for the purposes for which they are intended, to take, use, break, deface or injure any engine, truck, ladder, bucket, axe or other apparatus belonging to or in possession of the Fire Depart- ment, or any member or company thereof; and any person or persons Eevised Ordinaxces of the City of Austin. 65 violating the provisions of this article shall be deemed guilty of a mis- demeanor, and, on conviction thereof, shall be punished as in cases of other misdemeanors. II. FIRE LIMITS. Article 223. The fire limits of the City of Austin are hereby fixed and established as follows : The fire limits shall include all of the following blocks, situated and fronting on the east side of Congress Avenue, namely, blocks Nos. 6, 18, 30, 42, 56, 69, 84, 97, 111, 123, and 180 ; also all the following blocks situated and fronting on the west side of Congress Avenue, namely, blocks Nos. 5, 19, 29, 43, 55, 70, 83, 98, 110, 124, and 173; also all of the following blocks lying and fronting on the south side of Pecan or Sixth Street, namely, Nos. 54, 57, 58, 59, 60, 61, and 62 ; and all the following blocks lying and fronting on the north side of Pecan Street, namely, blocks Nos. 64, 65, 66, 67, 68, and 71 ; and the territory within the limits above described shall be designated and known as the fire limits of the city; provided, that whenever a majority of the owners of any one block, outside of the fire limits, as above described, shall make written application to the Mayor and City Council to have said block so owned by them included within the fire limits, then upon the filing of said application with the City Clerk, duly signed by a majority of the owners of such block, asking that it be placed within the fire limits, the said block shall be held from that date to be within the fire limits, and subject to all the restrictions and penalties governing the fire limits. III. fire REGULATIONS. Article 224. An alarm of fire shall be given by ringing two or more strokes per second for the space of half a minute or more on the fire alarm bell or bells, and by blowing of the city waterworks whistle; and it shall not be lawful for any person to make or give a false alarm of fire by ringing any bell or blowing whistles in a similar manner, so as to be mistaken for an alarm of fire, or by crying fire. Article 225. In case of fire, the Chief Engineer of the Fire Depart- ment, or his assistants, shall have authorit}' to call upon any citizen to assist in any manner he may deem necessary in quelling the flames ; and it shall not be lawful for any person, when so called upon, to fail or re- fuse to give his assistance. Article 226. The Chief Engineer of the Fire Department may cause any house, awning, fence or other combustible material to be removed or destroyed, if it becomes absolutely necessary to do so in order to check further spread of the flames. Article 227. The Mayor, Eecorder, or City Marshal shall have power 66 Revised Ordinances of the City of Austin. to require all persons to correct, remove or abate anything or state of things done, caused or permitted by them, which would be liable to cause fire; and may enter any premises to inspect the same and. to ascertain if anything therein be liable to cause fire ; and if any person or persons shall fail or refuse to allow such inspection or to correct, remove or abate the thing or state of things liable to cause fire, when so required, the City Marshal may cause the correction, removal or abatement thereof, calling such assistance as may be necessary; and all costs attending such action shall be taxed against the party so failing or refusing, and collected as other costs. Article 228. Whenever a fire shall have occurred in this city, it shall be the duty of the Mayor or Recorder, on the written application of any insurance agent interested therein, or of two or more freeholders, to make an examination into the cause or origin thereof, and if he deem it necessary he may summon witnesses and take any testimony, using the same rules as are prescribed by law for examining courts in criminal cases; and, if he find sufficient cause therefor, may direct the City At- torney to proceed as prescribed by law against any persons found to be implicated in causing such fire. And the same fees shall be allowed and paid by the city in such cases as are allowed by the State in criminal ex- aminations before justices of the peace. Article 229. The City Council may at any time order the owners or agents of any or all houses in the corporate limits of this city to have scuttles made in the roofs of the same and a ladder leading thereto, and such other regulations as they may deem necessary to prevent fires. rV. FOREMAN. Article 230. The Foremen shall have and exercise command over their respective companies, and shall be responsible for the discipline and condition thereof, and shall see that the houses under their control, and everything pertaining thereto, horses, harness, apparatus and equipments, are at all times kept in proper order. Article 231. They shall enforce a strict compliance with the rules and regulations of the Department and the orders of the Chief Engineer, and report to him any infractions thereof. Article 232. The Foremen shall, with their companies, respond promptly to alarms of fire, according to directions issued from time to time by the Chief Engineer, and upon their arrival at a fire immediately report to the officer in command in person or by messenger: or, if first to arrive, assume and exercise command until the arrival of a superior officer, and if deemed necessary, shall order a second alarm before the arrival of a superior officer. The apparatus should immediately upon arrival at fire be placed in position for service. Eevised Ordinances of the City of Austin. 67 Article 233. They shall perform such other duties as may be re- quired of them by their superior officers and the rules and regulations of the Department. Article 234. It shall be the duty of the Foreman of each company which has fifty or more members to have in attendance at the funeral of a Department officer or any member of the city government not less than ten men in uniform. The Foreman of each company of less than fifty members shall have in attendance at the same funeral not less than six men in uniform. V. drivers. Article 235. Drivers shall take proper care of their horses, exercise the greatest caution in their care and management, keep the stalls clean and see that everything pertaining to their department is in perfect order and in readiness for immediate service. Article 236. They shall not race their horses while responding to or returning from alarms of fire, nor shall they pass other apparatus of the Department, unless such apparatus or horses be disabled. All proper dis- patch consistent with safety must be used in responding to alarms of fire. In returning from a fire all driving shall be at a moderate rate of speed. Article 237. They will see that gongs are rung at short intervals when proceeding to a fire. Article 238. They shall not drive their apparatus over hose except when absolutely necessary. Article 239. They shall perform such other duties as are required by their superior officers and the rules and regulations of the Department. VI. hose. Article 240. Cotton hose must not be allowed to remain on the wagon more than twenty-four hours in a wet or damp condition, unless unavoidable. The hose must be changed every fifteen days, unless the same has been in actual service during said time, and when said change is made. Article 241. Cotton hose, after being used at a fire, and when re- turned to quarters, if only wet or damp, will be immediately hung up in the tower. If any hose is in a dirty condition from mud, etc., it shall be thoroughly cleaned, with a broom and water, if necessary. Article 242. "WTien changing hose, before it is taken from the wagon or reel, there must be lowered do^^oi from the tower all the hose that is to be put on, and the lengths coupled together, care being taken to see that the couplings and swivels are in perfect order and that all have proper washers. A small quantity of tallow or oil should be used on the threads and swivels, but not enough to run on the fabric or rubber, as grease will injure either. What hose is necessary can then be removed 68 Revised Okdinances of the City of Austin. from the wagon or reel and the dry hose placed thereon; the wet hose then hoisted in the hose tower. If any of the lengths of hose are injure^ANCE GRANTI^tg tO THE AUSTIN RAPID TRAN- SIT RAILWAY COMPANY THE PRIVILEGE OF LAYING A SWITCH FROM ITS MAIN LINE ON CONGRESS AVENUE, ALONG FOURTH STREET TO COLORADO STREET. Section 1. Be it ordmned ly the City Council of the City of Austin: That the privilege is hereby granted to the Austin Rapid Transit Rail- way Company to construct maintain and operate a switch from its main line on Congress Avenue, along Fourth Street to Colorado Street, to be used by its trailers 'in receiving passengers from the Austin Dam and Suburban Railroad, and on such other occasions as the public conven- ience may require the use of trailers by said Austin Rapid Transit Rail- way Compan3^ Sec. 2. Said switch shall be laid under the supervision of the City Engineer and the Street Committee of the City of Austin, and the privilege hereby granted may be enjoyed by said companv for the period covered by the charter of said Austin Rapid Transit Railway Company. Passed April 24, 1896. Approved April 29, 1896. 304 Appendix, AN ORDINANCE TO AMEND AND CONDENSE INTO ONE OR- DINANCE ALL ORDINANCES OF THE CITY PERTAINING TO THE RIGHT OF WAY OVER THE STREETS OF AUSTIN TO M. M. SHIPE, HIS ASSOCIATES AND ASSIGNS, WHICH INURED TO THE BENEFIT OF THE AUSTIN RAPID TRAN- SIT RAILWAY COMPANY. Section 1. Be it ordained hy the City Council of the City of Austin: That the right of way heretofore granted to M. M. Shipe, his associates, -successors and assigns to construct, maintain and operate street railways upon the streets of the City of Austin be continued in the Austin Rapid Transit Railway Company, its successors and assigns subject to the changes, modifications, amendments and conditions stated in this ordi- nance, so that, upon the acceptance of the terms of this ordinance by said compan}^ all other ordinances of the city relating to the right of M. M. Shipe, his associates and assigns, shall be repealed and superseded by this ordinance. Sec. 2. That the said Austin Rapid Transit Railway Company shall have the right to construct, maintain and operate single or double lines of street railway upon any of the streets and avenues of the City of Austin for the period of fifty (50) years, upon, and subject to, the conditions, terms and regulations hereinafter stated; provided, that where a single track is laid it shall be placed in the center of the street, and where two tracks are placed they shall be placed as near the center of the street as practicable. Sec. 3. Before constructing a line of railway on any street upon which the Austin City Railroad Company now has a line or lines of rail- way, the Austin Rapid Transit Railway Company shall obtain the con- sent of the Board of Directors of the Austin City Railroad Company to the removal of the former's line thereon, which consent shall be ex- pressed in a resolution of said board of directors embodying an abandon- ment and release to the City of Austin of the said Austin City Railroad Company's right of way over said street or the part thereof from which it may agree that its track shall be removed ; and thereupon, the Austin Rapid Transit Railway Company, on its own responsibility and being alone liable to the owners of said road, shall remove said lines of the Austin City Railroad Company before constructing a new line, but only as fast as the work on the new line or lines progresses so as to require such removal. Sec, 4. The conditions upon which .such grant of right is made are that the Austin Rapid Transit Railway Company shall continue to main- tain and operate its line now in operation on the streets upon which it Appendix. 305 is located, and such change may be made in the grade of Eio Grande Street north of Thirteenth to and across Nineteenth Street as will make it practicable to operate said line between Fourteenth and Nineteenth Streets, or the company may make such change in that part of the line on Kio Grande street located in or north of Thirteenth Street as may he necessary to avoid the high grade on Eio Grande Street between Thir- teenth and Nineteenth Streets, and return to Eio Grande Street above Nineteenth Street; and it is a further condition of this grant of right that the Austin Eapid Transit Eailway Company shall complete and put in operation not less than four miles additional railroad within fifteen (15) months from the date of the passage of this ordinance, and shall keep its lines in operation. Sec. 5. Said street railway may run across all railway tracks in the city and over all bridges and culverts built by the city which the proper authorities shall determine to be large enough to admit of such use and still accommodate the other city travel over the same. Said railway company shall pay such proportion of the expense of keeping the bridges and culverts in order as the width of the track may bear to the width of the bridge or culvert. Sec. 6. In the construction of said railway said company shall con- form to the grade of the streets as given by the City Engineer and should the city establish a new grade and actually bring the street, other than that occupied by said company, to conforna to such grade, said company shall regrade its road to conform to the new grade of the street. The tracks of said company shall be laid and kept not more than one inch above the grade of the street; the additional or second track to be placed on Congress Avenue shall be placed not more than six feet east of the present track as now located. All damages done streets in removing tracks or constructing new lines shall be repaired by said company at its own expense. Should the city pave any street on which said company may have its line or lines, the company shall, at its own expense, pave between the rails of its track, and one foot on the outside of its rails, with material and workmanship of the same quality as that used by the city in such paving, and shall thereafter keep same in repair. If said company shall fail to put its road in the condition herein required or to do any work required by the terms of this ordinance on being notified by the city to put its tracks in the condition required by this ordinance, or to do any work required by this ordinance, the same may be done by the city and the reasonable expenses thereof may be recovered from said company. Sec. 7. Said company may operate its cars by electricity as used by either the overhead system, underground system, the storage battery system or by endless cable system, or other noiseless and safe motors 306 Appendix. other than by horse or mule power, and may erect poles along the outer lines of the sidewalks on the streets and place wires thereon, and may make necessary excavations therefor, but shall place the streets and sidewalks in as good condition as they were in before such excavations were made. Sec. 8. The cars on said street railway may be run at the rate of ten miles per hour, except that around corners of streets the speed shall not exceed four miles per hour. Sec. 9. Said company shall not charge exceeding five (5) cents fare between the hours of 6 a. m. and 10 p. m. for one continuous passage from any point of boarding the cars to the end of the line of said com- pany in the direction that the car may be going; or, in case of a belt line, the point of commencement of a return trip by either part of the belt line; the point of commencement of a return trip to be established by said company. After 10 p. m. said company may charge not exceed- ing ten (10) cents for each passenger for such passage; provided, that children under five years of age, when accompanied by adult persons, and all police officers of the city shall be carried free of charge. Sec. 10. All ordinances pertaining to the right of way of M. M. Shipe, his associates and assigns, are hereby repealed, and this ordinance shall take effect when the Rapid Transit Eailway Company shall accept the terms of the same in writing, signed by its president and attested by its secretary, and filed with the City Clerk a copy of the resolution of its board of directors authorizing the acceptance of the terms of this ordi- nance. If not accepted by said company within ninety days from its passage it shall not take effect. Passed August 25, 1891. Approved August 26, 1891, AUSTIN ELFJCTIMC RAILWAY COMPANY. Be it resolved by the City Council of the City of Austin: That the Austin Electric Railway Company is hereby authorized to remove its track, poles and wires from Congress Avenue along East Second Street to Trinity Street and South on Trinity Street to First Street, and in lieu thereof to extend its tracks down Congress Avenue to First Street; thence eastward on First Street to a connection with its present track thereon, and to locate all necessary poles for the purpose of stringing its wires thereon. Privileges here granted are in connection with and subject to the same terms and conditions as the ordinance heretofore enacted by this Council granting the right to the Austin Rapid Transit Railway Com- pany and its successors and assigns to construct, equip and operate Appendix. 307 street railways in the City of Austin, approved the 26th day of August, 1891. Passed September 4, 1902. Approved September 8, 1902. AN OEDINANCE GRANTING TO THE AUSTIN ELECTRIC RAILWAY COMPANY THE RIGHT TO CONSTRUCT AND OPERATE A LINE OF STREET RAILROAD FROM A CON- NECTION WITH ITS PRESENT TRACKS ON LAVACA STREET ALONG SEVENTEENTH STREET AND OTHER STREETS, AND REQUIRING THE OWNERS OF OTHER STREET CAR TRACKS TO ADJUST THE LOCATION OF THEIR TRACKS AND WIRES AS HEREIN REQUIRED. Section 1. Be it ordained hy the City Council of the City of Austin: That the right of the Austin Electric Railway Company, as successor in ownership of the rights and franchises granted to the Austin Rapid Transit Railway Company by ordinance of the Council approved August 26, 1891, and other ordinances amendatory thereof, to construct and operate a line of track with all necessary poles, wires and other appliances for propelling electric cars, from a connection with its main line at the intersection of Seventeenth and Lavaca Streets in an easterly direc- tion to San Jacinto Street, thence on said street southward to Fifteenth Street, thence on said street eastward to Sabine Street, and thence on said street northward to Eighteenth Street, be and the same is hereby confirmed in the Austin Electric Railway Company, according to the terms and provisions of said ordinance above named. Sec. 2. That the tracks and wires now on said Seventeenth Street, being the same laid and constructed under the franchise granted by this Council to the Austin Dam and Suburban Railway Company, be by the owners thereof taken up and removed northward on said street far enough to allow for the construction of a single track by said Austin Electric Railway Company south of said removed track, with a space of six feet between such tracks, and to evenly divide the street on the north and south side of said tracks, and that the trolley and other wires con- nected with said present line of railway track of said streets be re- moved and readjusted so as to allow space for the trolley and other wires necessary in the construction of said new line by said Austin Electric Railway Company; also that said company last named shall have the right to cut and cross the track of said present line when it reaches the same on Brazos Street. Sec. 3, That said Austin Dam and Suburban Railway Company or 308 Appendix. other owner or owners of the franchise and rights granted to said com- pany shall have ten days from the passage of this ordinance within which to remove and readjust its said track and wires so as to conform to the terms of this ordinance, and should said company, or its successors in ownership fail, neglect or refuse to so remove its present track and wires within the time here named, the work of so doing shall be done by the City Engineer at the cost and expense of said Austin Electric Rail- way Company, Sec. 4. That the said Austin Electric Railway Company shall be required to pay all expenses incurred in removing and adjusting the track and wires now on said Seventeenth Street to the requirements of this ordinance, and shall execute bond with good and solvent sureties payable to the City of Austin, and to be approved by the Mayor, in the sum of one thousand dollars, conditioned that said company will pay all such expenses and will defend any and all suits and will indemnify and save the City of Austin harmless against all damages and costs in case the city is cast in judgment in any suit brought by the owner or owners of said track and wires now in said street growing out of the removal thereof as required by the terms of this ordinance. Passed December 1, 1902. Approved December 3, 1902. AN ORDIXAXCE PERMITTING THE AUSTIN ELECTRIC RAIL- WAY COMPANY TO CHANGE FROM A DOUBLE TO A SIN- GLE TRACK ITS LINE OF STREET RAILWAY ON EAST SIXTH STREET IN THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Atistin: That permission be and is hereby given the Austin Electric Railway Company to take up its double track on East Sixth Street between Congress Avenue and East Avenue in the City of Austin, and to con- struct in lieu thereof a single line of street railway (to be located in the center of said street), together with all proper connections, switches and turnouts necessary in the operation of its cars thereon. Sec. 2. That all rights existing in said Austin Electric Railway Company under the ordinance heretofore passed by the City Council of the City of Austin, entitled "An Ordinance to amend and condense into one ordinance all ordinances of the city pertaining to the grant of the right of way over the streets of Austin to M. M. Shipe, his asso- ciates and assigns, whicH inured to the benefit of the Austin Rapid Transit Railway Company," passed August 25, 1891, and approved Appendix. 309 August 26, 1891, and all duties and obligations in said ordinance im- posed upon the said Austin Kapid Transit Eailway Company, its suc- cessors and assigns, in the matter of constructing, maintaining and paving said single track of railway, switches and turnouts above men- tioned, and in operating cars thereon, shall continue against the said Austin Electric Eailway Company and in favor of the City of Austin, without alteration or abatement in any respect by the passage of this ordinance; provided, that said Austin Electric Eailway Company shall not hereafter have the right to lay a double track along said Sixth Street between Congress Avenue and East Avenue without first obtaining the consent of the Council so to do. Passed May 15, 1905. Approved May 19, 1905. AN OEDINANCE FIXING THE LOCATION OF THE TEACKS OF THE AUSTIN ELECTEIC EAILWAY COMPANY ON CONGEESS AVENUE. Section 1. Be it ordained hy the City Council of the City of Austin: That permission is hereby granted to the Austin Electric Eailway Com- pany to so place its tracks along Congress Avenue as that the center of each track shall be at a distance of five feet and nine and one-half inches from the center of the line of iron poles now existing along said avenue between the tracks of said company. Sec. 2. The construction and maintenance of said tracks as above provided, and all duties and rights pertaining thereto shall be in accord- ance with the existing franchise of said company as successor in owner- ship of the Austin Eapid Transit Eailway Company. Passed January 6, 1905. Approved January 18, 1905. AN OEDINANCE GEANTING PEEMISSION TO THE AUSTIN DAM AND SUBUEBAN EAILWAY COMPANY TO LAY TWO TEACKS LEADING FEOM ITS MAIN LINE ON FOUETH STEEET TO ITS CAE SHEDS SITUATED ON THE OLD COUET HOUSE SQUAEE. Section 1. Be it ordained hy the City Council of the City of Austin: That permission be granted for the period of twenty-five years to the Austin Dam and Suburban Eailway Company to lay and maintain two tracks leading from its main line on Fourth Street to its car sheds 310 Appendix. situated on the old court house square in the City of Austin, which tracks shall be used only for the purpose of running the cars of said company to said car sheds. Sec. 2. The permission herein granted shall be subject to all the conditions of Section 5 of an ordinance approved July 3, 1895, and entitled "An Ordinance selling and conveying and authorizing and directing and requiring the mayor of the City of Austin to make a deed of conveyance to the Austin Dam and Suburban Kailway Company, its successors and assigns, of the property of the City of Austin, known as the Austin Dam Railroad, and granting to the said Austin Dam and Suburban Eailway Company,- its successors and assigns, the right to operate and maintain street railroads within the City of Austin," and said company shall construct and maintain proper crossings on said turnout. Passed January 21, 1896. ' Approved January 31, 1896. AN ORDINANCE TO BE ENTITLED AN ORDINANCE EX- TENDING TO THE AUSTIN DAM AND SUBURBAN RAIL- ROAD FOR A PERIOD OF ONE YEAR, THE RIGHTS AND PRIVILEGES GRANTED TO IT BY ORDINANCE OF THE CITY OF AUSTIN OF DATE JULY 3, 1895, SO AS TO ALLOW AN ADDITIONAL YEAR IN WHICH TO BEGIN WORK ON ANY EXTENSIONS OR ADDITIONS TO THEIR TRACKAGE AS NOW IN OPERATION, AND TO REPEAL ALL ORDI- NANCES IN CONFLICT WITH THIS ORDINANCE. Whereas, By ordinance of date July 3, 1895, the City of Austin granted to the Austin Dam and Suburban Railway the right to extend its tracks over certain streets in the City of Austin, Texas, and operate their cars thereon subject to certain conditions and limitations, which rights and privileges, as well as the conditions and limitations, appear fully on the records of the ordinances of the City of Austin on page No. 46 of Book D, which are hereby referred to for particulars and made a part of this ordinance; and Whereas, By reason of the stringency of the times and the scarcity of money it is impossible for said Austin Dam and Suburban Railway to comply with said conditions and begin the work of extension within the three years allowed by said ordinance; and Whereas, The said Austin Dam and Suburban Railway is now in a condition to begin work on their extensions and push the same to com- pletion, to the material advantage of the City of Austin ; therefore Appendix. 311 Be it ordained by the City Council of the City of Austin, That the time of limitation made in said ordinance of July 3, 1895, be and the same is hereby extended for a period of one year from the 3rd day of July, 1898, so that said Austin Dam and Suburban Kailway shall have until July 3, 1899, within which to begin the work of extensions set out in said ordinance above referred to as completely and in the same manner as they would have had if the term of limitation in said ordi- nance had been for a period of four years instead of three and the said Austin Dam and Suburban Eailway is hereby granted the same rights and privileges as therein granted, subject to the same conditions and limitations as therein specified, except as by this ordinance other- wise provided. That this ordinance shall take effect and be in force from and after its passage. Passed February 6, 1899. Approved February 6, 1899. AN OEDINANCE SELLING AND CONVEYING AND AUTHOK- IZING, DIRECTING AND EEQUIEING THE MAYOE OF THE CITY OF AUSTIN TO MAKE A DEED OF CONVEYANCE TO THE AUSTIN DAM AND SUBURBAN EAILWAY COMPANY, ITS SUCCESSOES AND ASSIGNS OF THE PEOPEETY OF THE CITY OF AUSTIN, KNOWN AS THE AUSTIN DAM EAILROAD, AND GRANTING TO THE SAID AUSTIN DAM AND SUBURBAN RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS THE RIGHT TO OPERATE AND MAINTAIN STREET RAILROADS WITHIN THE CITY OF AUSTIN. Section 1. . Be it ordained by the City Council of the City of Austin: That the City of Austin, in consideration of the sum of forty-three thousand and five hundred dollars ($43,500.00), by the performance of said contract, hereby sells and conveys unto the said Austin Dam and Suburban Railway Company (a corporation duly incorporated, organized and existing under and by virtue of the laws of the State of Texas, and having its principal office in the City of Austin, Travis County, Texas), all that certain property known as the Austin Dam Railroad situated in the City of Austin, Travis County, Texas, extending along the Boule- vard and Cedar Street from the power house at the dam to East Avenue in the City of Austin, including all the rights, franchises, right of way property and privileges conveyed to the said Fort Wayne Electric Com- pany, and contracted to be conveyed to it by the City of Austin in the contract entered into between the said City of Austin and the said Fort 312 Appendix. Wayne Electric Company, dated the 22nd day of March, A. D. 1894, and the Mayor of said City of Austin is hereby authorized, directed and required, in the name of the City of Austin, to make, execute, acknowl- edge and deliver a proper deed of conveyance to the said Austin Dam and Suburban Eailway Company conveying said property to it, its successors and assigns. Sec. 2, That the said Austin Dam and Suburban Railway Company, its successors and assigns, are hereby granted the right for the period of fifty years from the taking effect of this ordinance, to maintain and operate the said Austin Dam Eailroad, and to construct, maintain and operate single lines of railroad tracks along and over any of the streets of the City of Austin not now occupied by the tracks of the Austin Rapid Transit Railway Company, and also the right to construct and operate a single track on any street now or hereafter occupied by the said Austin Rapid Transit Railway Company for not more than four blocks, except on Congress Avenue, on which it may lay a single track from Fourth (4th) Street northward to the south side of the capitol enclosure with privilege of having a double line of track on the line of the present Austin Dam Railroad; provided, that the said grantee, its successors and assigns, shall not use steam as a motive power. Sec. 3. That the said Austin Dam Railroad shall be operated by the said Austin Dam and Suburban Railway Company by electric power only, after the completion of the city's system of water and light works now in course of construction; provided, that the said Austin Dam and Suburban Railway Company shall first have six months written notice that steam is no longer to be used as power. Sec. 4. That the said Austin Dam and Suburban Railway Company, its successors and assigns, shall have the right to attach cross suspension wires for the support of its trolley wires to the poles of the main electric lines of the electric light system of the City of Austin along the Boule- vard and Cedar Street. ■ Sec. 5. That the said Austin Dam and Suburban Railway Company, its successors and assigns, shall keep and maintain its tracks not more than one inch above or below the grade of the streets, and should the city pave any streets on which said tracks may be, said company shall at its expense pave between its rails and for one foot on the out- side thereof, with material and workmanship of the same quality as that used by the city, and keep the same in repair. If said company fails to comply with the conditions of this section, or either of them, on being notified by the city^so to do, the work may be done by the city and the reasonable expense thereof shall be paid by said company to the city on the completion of said work. Appendix. 313 Sec. 6. That the said Austin Dam and Suburban Eailway Company, its successors and assigns, shall within three years from the passage of this ordinance build and put in operation at least one mile of railroad tracks in addition to that already built, and in case the said one mile of railroad is not built and put in operation within three years from the passage of this ordinance, then the said Austin Dam and Suburban Eailway Company, its successors and assigns, shall not have any further right to build additional lines of railroad tracks on any of the streets of the said City of Austin not then accupied by it; provided, that the failure to build and operate said additional mile of railroad tracks within said three years shall in no way affect or impair the other rights and franchises granted by this ordinance to the said Austin Dam and Subur- ban Railway Company, its successors and assigns; and provided further, that said Austin Dam and Suburban Eailway Company shall forfeit all rights and franchises herein granted, on all streets upon which cars are not operated within ten years from the taking effect of this ordinance. Sec. 7. That the said City of Austin shall have the right of free trackage over the said Austin Dam Eailroad as now constructed for all material to be used in the construction and repair of the dam, water and light works of the said city; provided, that all such construction and repair traffic shall be carried on in such way as not to interfere with the regular time table of the said Austin Dam and Suburban Eailway Company; and provided further, that the said right of free trackage shall not be assigned by the said City of Austin, nor shall such right of free trackage be exercised by any corporation or person other than the said City of Austin. Sec. 7a. Said railway may run across all railway tracks in the city and over all bridges and culverts built or owned by the city, which the proper city authorities shall determine to be large enough and strong enough to admit of such use, and still accommodate all travel over the same, such railway company shall pay such proportion of the expenses of keeping the bridges and culverts in repair and order as the width of the track may bear to the width of the bridge or culvert. Sec. 7b. That said Austin Dam and Suburban Eailway shall not charge exceeding five (5) cents fare for one continuous passage from any point of boarding the cars to the end of the line of said company. Sec. 8. That this ordinance shall take effect and be in force from and after its passage. Passed July 3, 1895. Approved July 3, 1895, 314 Appendix. AN OEDIXAJ^CE GRANTING TO THE AUSTIN DAM AND SUBURBAN RAILWAY COMPANY THE RIGHT TO OPERATE ITS RAILROAD BY ELECTRICITY OR STEAM, OR BOTH, UPON CERTAIN CONDITIONS, COVENANTS AND CONSID- ERATIONS, UPON CERTAIN STREETS OF THE CITY OF AUSTIN. Section 1. Be it ordained hy the City Council of the City of Austin: That there is hereby granted to the Austin Dam and Suburban Railway Company, its successors and assigns, upon conditions, covenants and con- siderations hereinafter expressed, the right to use, as motive power, either electricity or steam, or both electricity and steam, in the operation of its railroad upon the streets of the City of Austin, as follows : Extending along the Boulevard and Cedar or Fourth Street from the terminus of its line near the place where the power house formerly stood at the Austin dam, before the destruction of said dam, to the place where the main line of the Austin Dam and Suburban Railway crosses under the main line of the International & Great Northern Railroad, with the right to maintain for the operation of its railroad the connection now existing between the main line of said Austin Dam and Suburban Railway and the main line of said International & Great Northern Railroad, a short distance west of said crossing, and with the right to form at San Antonio Street a connection with the main line of said International & Great Northern Railroad, and from San Antonio " Street to East Avenue, going along and crossing such streets as may be necessary to reach East Avenue, and with the right to operate a con- tinuous line, its railroad from its terminus near the former site of the power house at the Austin dam to East Avenue, including as part of its operated line, so much of the main line of the International & Great Northern Railroad as lies between the connection first hereinbefore mentioned and the connection at San Antonio Street. Sec. 2. That this ordinance is granted upon condition that said Austin Dam and Suburban Railway Company, its successors and assigns, will indemnify and hold the City of Austin harmless against all claims and demands for damages resulting from the construction and mainten- ance or operation of said railroad, to either persons or property, and that if the City of Austin shall be sued upon any claim or demand, the said Austin Dam and Suburban- Railway Company, its successors and assigns will defend the suit or suits that may be instituted, and will pay all attorney's fees for defending the same, and all court costs that may be adjudged therein against said City of Austin, and will pay off and satisfy all judgments that may be rendered in such suit or suits against said city. Appendix. 315 Sec. 3. That in consideration of the rights and privileges granted by this ordinance the Austin Dam and Suburban Railway Company binds itself, its successors and assigns, in case the dam across the Colo- rado Eiver is reconstructed, upon or near the site formerly occupied by the dam, to furnish adequate facilities for the transportation of freight and passengers over its line of railroad between said dam, when recon- structed, and all parts of its line of railroad, as above defined, extending eastward from said dam to East Avenue in said City of Austin. Sec. 4. That in further consideration of the rights and privileges granted, said Austin Dam and Suburban Eailway Company binds itself, its successors and assigns, to remove from the streets that portion of its track extending from the intersection of Fourth and Brazos Streets; thence in a northerly direction up Brazos Street to Eleventh Street ; thence east along Eleventh Street to the alley east of the General Land Office of the State of Texas; thence in a northerly direction up said alley to its intersection of Thirteenth Street; thence in a westerly direction along Thirteenth Street to Brazos Street; thence in a northerly direction up Brazos Street to its intersection with Seventeenth Street; thence in a westerly direction with Seventeenth Street to Congress Ave- nue; thence in a northerly direction up Congress Avenue to Nineteenth Street; thence in a westerly direction with Nineeenth Street to Wichita Street ; thence in a northerly direction with Wichita -Street to Twenty- first Street; and to restore said streets after removal of said tracks to good condition for travel to the satisfaction of the Street Committee and City Engineer. And in further consideration of the rights and privileges granted by this ordinance, said Austin Dam and Suburban Eailway Company hereby binds itself, its successors and assigns, to remove from the streets that portion of its tracks extending from the place where the main line of said Austin Dam and Suburban Railway crosses under the main line of said International & Great Northern Rail- road to San Antonio Street, and place said street in good condition for travel to the satisfaction of the Street Committee and City Engineer. Sec. 5. Should said Austin Dam and Suburban Railway Company, its successors and assigns, at any time fail, neglect or refuse to comply with any of the terms or provisions of this ordinance, or with any valid police regulations which may hereafter be prescribed by the city gov- erning the operation of said road, all rights, privileges and franchises hereby or previously granted to said company by the city shall lapse and become forfeited. Sec. 6. That said Austin Dam and Suburban Railway Company, its successors and assigns, shall place and keep in good condition for travel, to the satisfaction of the Street Committee and City Engineer, 316 Appendix. that portion occupied by its tracks and one foot more next to each end of its cross-ties, being approximately ten feet of the streets over which it is hereby given the right to operate its cars, and shall place and keep its tracks on said streets in such condition that vehicles can cross said tracks at any point thereon. Sec. 7. That all ordinances and parts of ordinances in conflict here- with are hereby repealed. • Sec. 8. That this ordinance shall take effect and be in force only from and after its final passage, and the acceptance in writing of said ordinance to be filed in the office of the City Clerk on or before August 30, 1903, by said company. Sections 1 to 4, inclusive, passed July 6, 1903. Approved July 10, 1903. Sections 5 to 8, inclusive, passed July 20, 1903. Approved July 22, 1903. AN" ORDINANCE AUTHORIZING THE AUSTIN DAM AND SUBURBAN RAILWAY COMPANY TO CONSTRUCT, MAIN- TAIN AND OPERATE CERTAIN SPUR TRACKS CONNECT- ING WITH ITS MAIN LINE TRACK ON FOURTH STREET IN THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Austin: That the City of Austin does hereby grant to the Austin Dam and Suburban Railway Company, its successors and assigns, the right, privi- lege and franchise to construct, maintain and operate spur tracks con- necting with its main line track on Fourth Street, in the City of Austin, as follows : On the north side of its said main line track between San Jacinto Street and Neches Street, crossing between these streets Trinity Street; on both the north and south side of its main line track between Congress Avenue and San Jacinto Street, crossing between these streets Brazos Street, extending spur on south of Fourth Street so as to pass in front of or on to Lot3 11 and 12 in Block 31; on both the north and south sides of its main line track between Lavaca Street and Con- gress Avenue, crossing between these streets Colorado Street; on the south side of its main line track between Guadalupe Street and Lavaca Street, all of said tracks being shown on blue print filed on the first day of February, 1904, and now on deposit in the office of the City Clerk of the City of Austin, the same bearing the signature of L. Trice, president of the Austin Dam and Suburban Railway Company, and H. G. Lee, City Engineer of the City of Austin. Sec. 2. That said Austin Dam and Suburban Railway Company, its Appendix. 317 successors and assigns, shall place and keep in good condition for travel to the satisfaction of the Street Committee and City Engineer, that portion occupied by its said spur tracks and one foot more next to each end of its cross-ties, being approximately ten feet, of the streets over which it is hereby given the right to construct, maintain and oper- ate said spur track, and shall keep and place its tracks on said street in such condition that vehicles can cross said tracks at any point thereon; further, that no empty cars be permitted to remain on any of said sidings longer than twenty-four hours. Sec. 3. That this ordinance shall be in force from and after its passage. Passed February 1, 1904. Approved. February 3, 1904. WATTS, SYLVESTER, FEANCHISE FOR GAS WORKS. Section 1. Be it ordained by the City Council of the City of Austin: That Sylvester Watts, of St. Louis, Missouri, and his associates, assigns, or successors, shall have the right for fifty years from the passage of this ordinance to erect, maintain and operate gas works within the City of Austin and the additions thereto, and the right and privilege during said period of laying, relaying, maintaining and repairing gas pipes within the limits of said city and the additions thereto, and in and along any street, alley or common in said city. The said streets, alleys and commons are to be left in good condition and order and to the satis^ faction of the city authorities. Sec. 2. In consideration of the rights and privileges herein granted, said Watts and his associates, or assigns, or successors, is to furnish to the people of this city a good article of gas of not less than a standard of fifteen candles at a price not to exceed three dollars and fifty cents per one thousand cubic feet. Passed October 7, 1889. Approved October 11, 1889. CAPITOL ICE COMPANY. Section 1. Be it ordained by the City Council of the City of Austin: That the Capitol Ice Company be and is hereby authorized and empow- ered to use the premises on the river walk in the City of Austin, Texas, now used and occupied by it as an ice factory under lease from said city of December 9, 1894, for the further purpose of a cannery and general manufacturing business. 318 Appendix. Sec. 2. That all parts of the ordinance dated December 9, 1874, limiting the use of said premises by said company to the purposes of an ice factory only be and the same are hereby repealed. Passed May 4, 1891. Approved May 6, 1891. AN ORDINANCE GEANTING TO THE WESTERN UNION TEL- EGRAPH COMPANY THE RIGHT TO PLACE AND MAIN- TAIN ITS POLES AND LINES IN THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF AUSTIN, STATE OF TEXAS, ON THE TERMS AND CONDITIONS HEREIN STATED. Section 1. Be it ordained hy the City Council of the City of Austin: That the Western Union Telegraph Company, its successors and as- signs, are authorized to erect and maintain on the streets, alleys and public ways of said city, the poles and fixtures and wires necessary for the purpose of supplying the citizens of said city and the public communication by telegraph, or other improved electrical device, such use to be and continue upon the terms and conditions hereinafter stated. Sec. 8. The location of the poles and lines now in use is hereby ap- proved, subject to change as may be from time to time ordered by the City Council ; and the location of all poles and lines hereafter to be erected, and any change in the location of the poles and lines now in use, or extension thereof, shall be under the direction and control of the Superintendent of Streets of said city. Sec. 3. Said poles and wires shall be placed and maintained so as not to interfere with travel on said highways, and said company shall hold said City of Austin free and harmless from all damages arising by reason of any abuse of said company. This grant is made and is to be enjoyed subject to such reasonable regu- lations and ordinances of a police nature as the said City Council of said City of Austin is authorized and sees proper to at any time adopt, not de- structive to the rights herein granted. Sec. 4. The right of use herein granted shall not be deemed ex- clusive, and the City Council of said City of Austin reserves the power to grant a like right of way to any other telegraph company; the same, however, not to interfere with the reasonable and proper exercise of the privileges herein granted. Sec. 5. In consideration whereof said Western Union Telegraph Com- pany shall, and by the acceptance of this ordinance does agree to allow the said City of Austin to attach at any time to the top crossarm of any of said Appendix. 319 poles, where practicable, any electric fire alarni and police wires, and said poles are hereby municipal instrumentality for that purpose; pro- vided, however, said attachment shall be so made as to not interfere with said company's use; and said attachment shall be made and main- tained under the direction of said company's manager in said City of Austin. The said company shall and will furnish for the said city the use of its poles for attachment thereto of the fire alarm boxes without charge to said city. Sec. 6. This ordinance shall take effect on and after its passage and the filing by said company of unconditional acceptance thereof in the office of the City Clerk of said city. Sec. 7. That whenever said company ceases to operate a telegraph line in the City of Austin, and ceases to use the said poles and lines herein provided for in the operation of its line of telegraph, then said company shall remove its lines and poles from the streets and alleys of said city within sixty days from date that said company so ceases to use and operate said lines. Sec. 8. All ordinances and parts of ordinances, orders and resolu- tions upon the subject of telegraph poles, wires, etc., of previous date, in so far as the same relate to the Western Union Telegraph Company, are hereby repealed and annulled. Passed January 18, 1892. Approved January 21^ 1892. AN OEDINANCE TO AUTHOEIZE THE SOUTHWESTERN^ TEL- EGRAPH AND TELEPHONE COMPANY TO CONSTRUCT UN- DERGROUND CONDUITS FOR LAYING AND CONDUCTING ITS WIRES THROUGH, ACROSS AND ALONG CERTAIN STREETS AND ALLEYS OF THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Austin: That permission be and is hereby granted to the Southwestern Tele- graph and Telephone Company, its successors and assigns, to construct along, through and across the streets and alleys of the City of Austin hereinafter designated conduits for the purpose of laying its cables and telephone wires; to lay and maintain such wires and cables in such conduits ; to construct and maintain the necessary manholes and to make house connections of such wires for the purpose of carrying on its business. Sec. 2. That such underground conduits shall not exceed twenty-six hundred feet in length, and the permission hereby granted shall only 320 Appendix. authorize the construction of such conduits in, through and along the portions of streets and alleys of the City of Austin as follows: Begin- ning on south side of East Sixth Street at the alley between Brazos Street and Congress Avenue; thence west along the south side of East Sixth Street across Congress Avenue and along south side of West Sixth Street to a point between Guadalupe Street and San Antonio Street one hundred feet west of Guadalupe Street; also along the east side of Guadalupe Street beginning on south side of West Sixth Street where it corners with Guadalupe Street, and thence north to the alley between West Sixth Street and West Seventh Street; also along the east side of Congress Avenue from a point one hundred and twenty-five feet north of Sixth Street to south side of Sixth Street; also along the alley between Congress Avenue and Colorado Street from its intersection of West Sixth Street south to a point in said alley between West Fourth and West Fifth Streets in rear of telephone building fronting Congress Avenue owned by said company; also across Congress Avenue from a point in front of said telephone building to a point directly opposite said building on east side of Congress Avenue. Sec. 3. That all and every such conduit shall be constructed under the supervision of the City Engineer of the City of Austin; that only such excavations will be made on the streets and alleys as may be reason- ably necessary in the construction of such conduits; that during the progress of the work such excavations shall be surrounded by such safe- guards for the protection of the life, limb and property of passengers through said streets and alleys as may be required by said City Engineer, and that all streets, alleys, sidewalks or pavements which may be exca- vated, torn up or displaced by said company in constructing such con- duits shall be properly and safely replaced by said company at its own expense, and all manholes shall be kept by said company in safe condi- tion, and so maintained as not to interfere with the use of said streets and alleys. Passed April 17, 1899. Approved April 19, 1899. AN ORDINANCE TO AUTHORIZE THE SOUTHWESTERN TELEGRAPH AND TELEPHONE COMPANY TO CONSTRUCT UNDERGROUND CONDUITS FOR LAYING AND CONDUCT- ING ITS WIRES THROUGH, ACROSS AND ALONG CERTAIN STREETS AND ALLEYS OF THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Atistin: That permission be and is hereby granted to the Southwestern Tele- Appendix. 321 graph and Telephone Company, its successors and assigns, to construct along, through and across the streets and alleys of the City of Austin hereinafter designated, conduits for the purpose of laying its cables and telephone wires; to lay and maintain such wires and cables in such conduits ; to construct and maintain the necessary manholes and to make house connections of such wires for the purpose of carrying on its busi- ness. Sec. 2. That the permission herein granted shall only authorize the construction of such conduits in, through, across and along the streets and alleys of the City of Austin designated as follows : Beginning at the manhole in the conduit of said company heretofore constructed on the south side of West Sixth Street at the intersection of the alley be- tween Congress Avenue and Colorado Street; thence extending in a northerly direction across West Sixth Street, and continuing in a north- erly direction in and along the east side of the alley connecting West Sixth and West Seventh Streets and between Congress Avenue and Colorado Streets to a point in said alley two hundred and thirty-eight feet from said manhole. Sec. 3. That such conduit shall be constructed under the super- vision of the City Engineer of the City of Austin ; that only such excava- tions shall be made in the streets and alleys as may be reasonably neces- sary in the construction of such conduits; that during the progress of the work such excavations shall be surrounded by such safeguards for the protection of the life, limb and property of passengers through said streets and alleys as may be required by said City Engineer; and that all streets, alleys, sidewalks or pavements which may be excavated, torn up or displaced by said company in constructing such conduits shall be properly and safely replaced by said company at its own expense, and all manholes shall be kept by said company in safe condition, and so maintained as not to interfere with the use of said streets and alleys. Passed August 7, 1899. Approved August 8, 1899. 322 Appendix. AN OKDINANCE TO AUTHORIZE THE SOUTHWESTERN TEL- EGRAPH AND TELEPHONE COMPANY TO CONSTRUCT UN- DERGROUND CONDUITS FOR LAYING AND CONDUCTING ITS WIRES AND CABLES THROUGH, ACROSS AND ALONG CERTAIN OF THE STREETS AND ALLEYS OF THE CITY OF AUSTIN, TO LAY AND MAINTAIN ITS WIRES AND CABLE IN SUCH CONDUITS, AND PRESCRIBING REGULA- TIONS FOR THE CONSTRUCTION OF SAID WORK. Section 1. Be it ordained by the City Council of the City of Austin: That permission be and is hereby granted to the Southwestern Tele- graph and Telephone Company, its successors and assigns, to construct along, through and across certain streets and alleys of the City of Austin, as per a certain blue print on file with the City Clerk, underground conduits for the purpose of laying its cables and telegraph and tele- phone wires; to lay and maintain such wires and cables in such conduits; to construct and maintain the necessary manholes, and to make house connections for such wires and cables for the purpose of carrying on the business of such company. Sec. 2. That during the progress of the work hereby authorized all excavations shall be surrounded by proper safeguards for the protection of life, limb and property of travelers along the streets and alleys on which the work is being executed; and that all streets, alleys, sidewalks or pavements, which may be excavated, torn up or misplaced by said company in constructing such conduits shall be properly replaced, re- covered, filled and repaired by said company at its own expense to the satisfaction of the City Engineer and Street Committee of the Council. Sec. 3. That all manholes shall be left by said company in safe condition and shall be so maintained as not to interfere with the use of said streets and alleys. Sec. 4. That the route to be followed in the construction of said work shall be that shown on a certain blue print prepared by said company and filed with the City Clerk along with its petition for the franchise herein granted, and that the location of manholes, distributing poles, etc., shall also be in accordance with said blue print drawing. But the particular location where the conduits shall be placed in streets or alleys shall be subject to the approval of the City Engineer. Sec. 5. That such conduits as may be located on Congress Avenue shall not be nearer than sixteen feet to the curbing. Sec. 6. That the present overhead wires and poles of said company situated in the streets and alleys of the city shall be taken down and removed from all portions of the streets and alleys in which underground Appendix. 323 conduits are constructed, within ninety days after the completion of said conduits in such portions of said streets and alleys. Sec. 7. That this ordinance shall not be construed as granting an exclusive grant to use any street or alley of the city for any purpose. Passed March 4, 1901. I, Jno. 0. Johnson, City Clerk of the City of Austin, Texas, do hereby certify that the above and foregoing ordinance was passed by the City Council of said city at a regular meeting of same, held on the 4th day of March, 1901, and that said ordinance was placed in the City Clerk's office immediately after its passage on the said 4th day of March, 1901, and that the Mayor of said city, failed to approve or signify his disap- proval of same for a longer period than ten days after said ordinance was placed in the City Clerk's office. Jno. 0. Johnson, City Clerk. Austin, Texas, March 15, 1901. SOUTHWESTEEN TELEGEAPH AND TELEPHONE COMPANY. Section 1. Be it ordained by the City Council of the City of Austin: That the right heretofore given to erect and maintain telephone poles and wires in said city is hereby continued ; and the right is hereby granted to the Southwestern Telegraph and Telephone Company, its suc- cessors and assigns to erect and maintain on the streets, alleys and public ways of said city poles, fixtures and wires, or either of them, necessary and convenient for the purpose of supplying the citizens of said city and the public communication by telephone or other electrical device. This right of way is granted upon condition and is liable to be forfeited at the instance of the city for breach of the conditions that said company shall not interfere by suit for damages or otherwise with the construction or operation of any other electrical appliances by the city or other persons or corporations to whom the city has granted or may hereafter grant the right of way over the streets and alleys of the city for any injury or inconvenience which the construction or operation of additional electrical appliances may unavoidably cause said telephone company; but this condition and restriction shall not be con- strued to prevent said company from bringing suit for injuries to its system which might have been avoided by the use of reasonable care, and such appliances for preventing injury or interference of one system of electrical appliances with another as have been found useful and prac- ticable for such purposes. 324 Appendix. Sec. 2. The location of the poles and lines now in use shall be sub- ject to such changes as the City Council may hereafter direct. Sec. 3. Said poles and wires shall be placed and maintained so as not to interfere with travel on said highways, and said company shall hold said city free and harmless from all damages arising by reason of said occupancy. Said poles shall be so placed as not to interfere with the flow of water in any water, sewer, gas pipe, drain or gutter, and in case of bringing to grade or change grade of any street or alley, said poles shall, by said company, be reset so as to conform thereto. And this grant is made, and it is to be enjoyed subject to all such reasonable regulations and ordinances of a public nature as said City Council may be authorized or see proper at any time to adopt, not destructive of the rights herein granted. Sec. 4. The right of use here given shall not be exclusive, and the Council reserves the power to grant like right of use to others for similar uses. Sec. 5. In consideration whereof, said Southwestern Telegraph and Telephone Company shall agree to allow the city to attach at any time to any of said poles on the upper arm the city's fire alarm or police wires, and said poles are made a municipal instrumentality for that purpose; provided, said attachments and said city use shall not be so made or permitted as to interfere with said company's use, and said attachment shall be made and maintained under the direction of said company's manager in said city. The said company is to furnish for the city's business and without charge and with exchange service so long as an exchange is maintained hereunder, one telephone at the city hall, also such other telephones for the city's business as the Council may hereafter by a resolution require at twenty-five per cent discount from the regular rates from time to time for business purposes; provided, that for each of said telephones separate contracts shall be previously signed, containing the usual provisions of said contracts or having en- florsed thereon the terms of payment herein provided for, or the company will ring any electrical fire gongs that may be erected at any of the fire houses without charge; provided, said gongs are erected and main- tained at the city's expense; but the city can have the use of any tele- phone wire without charge where a gong may be substituted for a tele- phone. Sec. 6. This ordinance shall take effect upon the filing by said company of an unconditional acceptance of the terms hereof in the office of the City Clerk. Passed November 17, 1890. Approved November 20, 1890. Appendix. 325 AN OEDIN^ANCE TO AUTHOEIZE THE SOUTHWESTERN TEL- EGRAPH AND TELEPHONE COMPANY TO CONSTRUCT UNDERGROUND CONDUITS FOR LAYING AND CONDUCT- ING ITS WIRES FROM THE PRESENT MANHOLE ON THE UNDERGROUND CONSTRUCTION OF SAID COMPANY AT THE CORNER OF CONGRESS AVENUE ONE HUNDRED AND NINETY-TWO (192) FEET EAST, AND FROM SAID POINT ONE HUNDRED (100) FEET NORTH IN AN ALLEY BE- TWEEN BRAZOS STREET AND CONGRESS AVENUE; ALSO, FROM SAID POINT ONE HUNDRED AND FIFTY (150) FEET SOUTH IN SAME ALLEY. Section 1. Be it ordained by the City Council of the City of Austin: That permission be and is hereby granted to the Southwestern Tele- graph and Telephone Company, its successors and assigns, to construct along, through and across the streets and alleys of the City of Austin the following underground conduit, towit: Beginning at the present manhole of said company, at the corner of Congress Avenue and Fourth Street; thence east one hundred and ninety-two (192) feet on Fourth Street; thence north through an alley between Brazos Street and Con- gress Avenue one hundred (100) feet; also, thence south in said alley one hundred and fifty (150) feet; and, also, the right is hereby granted to said company to lay, maintain and operate said wires and cables in said conduit and to construct and maintain necessary manholes, and to make such necessary house connections of said wires carried in said conduit as may be proper and useful for the purpose of carrying on its business, and to connect and maintain the wires and cables so placed in said underground conduit with its underground and overhead system of telephone wires, poles and conduits in the City of Austin so connected for the term of twenty-five (25) years from the date of the granting of this ordinance. Sec. 2. That the underground conduit shall be built, made, con- structed, operated and maintained in all respects in full compliance with the said charter of the said City of Austin, and all lawful ordinances passed by the City Council of the said City of Austin governing such matters, and in full and strict compliance with that certain ordinance passed by the City Council of Austin, Texas, April 17, 1899, and ap- proved April 19, 1899, by John D. McCall, Mayor, entitled "An Ordi- nance to authorize the Southwestern Telegraph & Telephone Company to construct underground conduits by laying and constructing its wires through, across and along certain streets and alleys of the City of Austin." 326 Appendix. Sec. 3. Said conduits across Congress Avenue shall be put sufficiently below the surface of the street to go below the proposed storm sewer. Sec. 4. That this ordinance shall take effect and be • in force from and after its passage. Passed July 10, 1903. Approved July 11, 1903. AN ORDINANCE TO AUTHOEIZE THE SOUTHWESTERN TEL- EGRAPH AND TELEPHONE COMPANY TO CONSTRUCT UNDERGROUND CONDUITS FOR LAYING AND CONDUCT- ING ITS WIRES AND CABLES THROUGH, ACROSS AND ALONG CERTAIN STREETS OF THE CITY OF AUSTIN, TO LAY AND MAINTAIN ITS WIRES AND CABLES IN SUCH CONDUITS, AND PRESCRIBING REGULATIONS FOR THE CONSTRUCTION OF SAID WORK. Section 1. Be it ordained by the City Council of the City of Austin: That permission be and is hereby granted to the Southwestern Tele- graph and Telephone Company, its successors and assigns, to construct along, through and across certain streets of the City of Austin under- ground conduits for the purpose of laying wires and cables in such con- duits; to construct and maintain the necessary manholes, and to make house connections of such wires and cables for the purpose of carrying on the business of such company as follows : From the corner of Sixth and Lavaca Streets to the southwest corner of sixth and San Antonio Streets; from the corner of Sixth and San Antonio Streets to the second pole north of Sixth Street on San Antonio Street on east side of San Antonio Street; one standard two-way manhole to be located at the corner of Sixth and Guadalupe Streets, and one two-way manhole at the south- west corner of Sixth and San Antonio Streets. Sec. 2. That during the progress of the work hereby authorized all excavations shall be surrounded by proper safeguards for the protection of life, limb and property of travelers along the streets on which the work is being executed; and that all streets, alleys, sidewalks and pave- ments which may be excavated, torn up, or misplaced by said company in constructing said conduits, shall be properly replaced, recovered, filled and repaired by said company at its own expense to the satisfaction of the City Engineer and Street Committee of the Council. Sec. 3. That all manholes shall be left by said company in safe condition and shall be so maintained as not to interfere with the use of said streets. Sec. 4. That the route to be followed in the construction of said work Appendix. 327 shall be that shown on the plat prepared by said company and filed with the City Clerk, and the location of the manholes, distributing poles, etc., shall also be in accordance with said plat; but the particular location of the conduits in the streets shall be subject to the approval of the City Engineer. Sec. 5. That the present overhead wires and poles of said company situated in the streets of the city along the course of the conduits herein provided for shall be taken down and removed within six months after the completion of said conduits. Sec. 6. That this ordinance shall not be construed as granting ex- clusive rights to use any street or streets of the City of Austin for any purpose. Passed June 18, 1906: Approved June 22, 1906. AN ORDINANCE GRANTING TO THE POSTAL TELEGRAPH CABLE COMPANY OF TEXAS THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN ITS LINES OF TELEGRAPH POLES, WIRES, FIXTURES AND APPURTENANCES UPON, ALONG AND OVER THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF AUSTIN, TEXAS, AND GRANTING SAME ALL UPON THE TERMS AND CONDITIONS HEREIN STATED. Section 1. Bp, it ordained hy the City Council of the City of Austin: That the right is hereby granted to the Postal Telegraph Cable Com- pany of Texas, its successors and assigns, to construct, operate and maintain its lines of telegraph poles, wires, fixtures upon and along and over the streets, alleys and public ways of the City of Austin, except Congress Avenue, unless placed underground, subject to all the laws and ordinances now in force regarding the construction and maintenance of such lines of poles and wires. Sec. 2. That such line of poles and wires shall be so erected and maintained as not to obstruct the travel upon said streets, nor interfere with the flow of water in any pipe, drain, ditch or culvert; and in the event of change of grade, or bringing to grade of any of the streets, alleys or public ways, said poles shall by said company be so changed or set at its own expense as to conform thereto; and said company shall save and hold said city free and harmless from all damage arising from the erection or maintenance of said line of poles and wires; and the acceptance of said company of the terms and provisions of this ordi- nance shall bind said company to submit to any and all reasonable regu- 328 Appendix. lations which may hereafter be imposed by said city, which among other reasonable regulations shall include the right in the City Council to re- quire said company to place its wires underground when the system of overhead wires in the city shall be abolished and prohibited. Sec. 3. That this grant shall not be exclusive, and the said city re- serves the right to grant like rights of the use of the public streets to others for similar uses; provided, that such use shall not prevent or interfere with the proper exercise of the rights and privileges herein granted. Sec. 4. That the location and erection of said poles and the manner of placing and maintaining the wires thereon shall be under the direction of the Street Committee and the City Engineer, subject to the approval of the City Council. Sec. 5. The construction and erection of said line of poles and wires in said city shall be commenced within three months from the passage of this ordinance, and shall be completed within six months from that date. Upon failure of said company to comply with these requirements or with any other requirements of this ordinance, all its rights herein shall be forfeited, and said city shall have the right, by ordinance, to declare this contract annulled. Sec. 6. In consideration whereof the said City of Austin shall have the right to use as much as the upper crossarms of said poles as may be necessar}' for its fire alarm and police telegraph wires; provided, that the said city's uge of same shall not be so made or continued as to in any manner obstruct or interfere with the use of said poles by said tele- graph company, and all work of placing wires or fixtures of said city upon said poles shall be done under the direction of the telephone com- pany's manager in said city. Sec. 7. That this ordinance shall take effect and be in force from and after its passage and approval, and filing by the said telegraph company of its unconditional acceptance of the terms hereof, which acceptance shall be made in writing within ten days after this ordinance shall have been approved. Passed January 17, 1898. Approved January 18, 1898. Appendix. 339 AN OEDINANCE GRANTING TO J. B. EAEL AND J. E. BOYN- TON, THEIR ASSOCIATES AND ASSIGNS, THE RIGHT AND PRIVILEGE TO BUILD, MAINTAIN AND OPERATE A SYS- TEM OF TELEPHONES AND TELEPHONE EXCHANGE IN THE CITY OF AUSTIN, AND GRANTING THE RIGHT OF WAY AND OTHER PRIVILEGES ON THE STREETS AND SQUARES, PUBLIC GROUNDS AND ALLEYS OF THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Austin: That J. B. Earl and J. E. Boynton, their associates and assigns, are hereby granted the right and privilege to build, erect and maintain for a period of thirty years from the date of the passage of this ordinance, a system of telephones and a telephone exchange in the City of Austin, subject to the rights, conditions and terms hereinafter expressed, for the purpose of furnishing and supplying to the residents of the "said city and the public at large service and communication by telephone, and to that end to erect and maintain poles, stubs and guys, and to stretch wire in, over and upon the streets, squares, public grounds and alleys of the City of Austin, and to construct under said streets, where de- sired or required, conduits for conveying wires and cables. Sec. 2. The location, shape and dimensions of such poles, stubs and guys, and the character and location of such conduits, shall be subject to the direction of the City Engineer and City Electrician, such control and direction to be reasonable and not to afPect the rights herein granted, such directions shall be given on application, and to be subject to con- trol of the City Council. Sec. 3. Said poles, stubs, guys and wires shall be so placed and maintained as not to interfere with travel on said streets, squares, public grounds and alleys; and all said poles and stubs shall be so placed as not to" interfere with the flow of water in any sewer, drain or gutter, or with the full use of any gas pipes; and in case of the city's making or changing the grade in any street or alley all poles necessary shall be reset by the grantees. Sec. 4. This grant is subject to all existing police regulations and also to all reasonabe regulations adopted in the future by the City Council of the City of Austin. Sec. 5. The grant herein contained is not exclusive, and said City Council reserves the power to grant like rights of use to others, not to interfere, however, with the proper exercise of the rights and privileges herein granted. Sec. 6. The grant and privileges herein contained are upon the con- siderations and conditions following: 330 '\i'PENDIX. (1) The grantees shall, within sixty days of the date of the passage of this ordinance, file with the City Clerk their written acceptance of the same. (2) The grantees, their associates and assigns shall with reasonable dispatch construct said telephone exchange; and the construction of same shall be begun within six months of the adoption of this ordinance on the acceptance of its conditions, and said telephone exchange shall begin operation not later than fifteen months after the acceptance of this ordinance. (3) The grantees, their associates and assigns, shall never charge for the rental of the telephones in such exchange exceeding three dollars ($3.00) and two dollars ($2.00) per month for business and residence telephones, respectively. (4) Said telephone exchange shall be constructed, maintained and operated, as far as possible, by labor employed in the Cit}' of Austin or Travis County, preference being given in all instances first to the city, then to said county in the selection of employes. (5) The City of Austin, at all times during the life of this franchise, shall have the right to use space necessary on the poles and crossarms and in the conduits belonging to the grantees in said exchange for the location of police and fire alarm wires. (6) At all times during the life of this franchise the grantees, their associates and assigns, shall furnish to the City of Austin, without charge, the use of fifteen telephone instruments, connected with the lines of said exchange, and shall maintain and operate the same, the location of said instruments to be determined by the City Council of said city. (7) Within sixty days after the passage of this ordinance and at or prior to the lime the grantees shall file their acceptance hereinbefore provided- for they shall execute a bond to be approved by the Mayor of said city in the sum of ten thousand dollars ($10,000.00) conditioned to construct said plant as herein provided for and to protect the City of Austin against all damages and causes of action by reason of the construction or maintenance of said telephone exchange, and for the restoration of all streets to their former conditions and uses. (8) That said telephone exchange shall be maintained and operated in good condition during the life of this contract. (9) That the franchise herein granted shall never be sold or trans- ferred to any person, persons or corporations noAv owning, operating- or in any manner inter^gted in a telephone exchange in the City of Austin, or who at the time may be interested in any competitive ex- change in said city, or any person, persons or company who may own, Appendix. 331 control or hold any stock or shares in any telephone company now operat- ing or who may hereafter operate a telephone company in said City of Austin. (10) That all wires located on Congress Avenue between First and Eleventh Streets and on Sixth Street between East and West Avenues shall be conveyed in underground conduits, and such other portions of said exchange as the City Council may from time to time require shall be put underground upon twelve months' notice. Passed December 4, 1900. Approved December 5, 1900. AN OEDINANCE AUTHOEIZING THE MAYOK TO LEASE THE CITY MILL PEOPERTY TO THE LONE STAE ICE COM- PANY FOE A PEEIOD OF TWENTY-FIVE YEAES. Section 1. Be it ordained by the City Council of the City of Austin: That the Mayor be and he is hereby authorized to lease to the Lone Star Ice Company, for a period of twenty-five years, the city mill property situated on the Eiver Walk between Colorado and Lavaca Streets, im- mediately south of Block No. 42 in the City of Austin; provided, that said Lone Star Ice Company shall be required to use said property for an ice manufactory, and for no other purpose not connected with their business, and for the use of said property said Lone Star Ice Company shall pay to the City of Austin an annual rent of two hundred dollars, payable in quarterly installments in advance; and provided further, that said lessee shall not have the right to assign said lease or sublet any part of said property without the consent of the Council. Sec. 2. This ordinance shall take effect and be in force from and after its passage. Passed November 9', 1888. Approved November 10, 1888. . 332 Appendix. AN ORDINANCE GRANTING TO THE LONE STAR ICE COM- PANY, THEIR ASSIGNS AND SUCCESSORS, THE RIGHT TO BUILD AND THE PRIVILEGE TO MAINTAIN AND OPER- ATE, FOR A PERIOD OF TWENTY-FIVE YEARS, A SINGLE TRACK OF RAILROAD TRACK CONNECTING WITH THE TRACK OF THE INTERNATIONAL & GREAT NORTHERN RAILROAD COMPANY ON WEST THIRD STREET BETWEEN COLORADO AND LAVACA STREETS, ALONG WEST THIRD STREET TO COLORADO STREET, AND ON AND ALONG COLORADO STREET TO AND ACROSS WEST FIRST STREET TO RIVER WALK IN THE CITY OF AUSTIN. Section 1. Be it ordained hy the City Council of the City of Aiistin: That the right and privilege is hereby granted and given to the Lone Star Ice Company, their assigns and successors to build, own, operate and maintain, for the period of twenty-five years, a spur of railroad track connecting with and beginning on the line of the International & Great Northern Railroad Company on West Third Street, between Colo- rado and Lavaca Streets, extending east along West Third Street to Colorado Street; thence south on Colorado Street to and across West Second Street, and thence across West First Street to the River Walk in the City of Austin. Sec. 2. Said railroad track shall be laid and constructed under the supervision of the City Engineer and Street Committee, and shall be used by the grantees herein, their successors and assigns, for the purpose only of conveying freight to and from their respective places of busi- ness. Sec. 3. Said track shall not be used as a switch, except for the pur- poses hereinbefore stated. Sec. 4. This ordinance shall take effect and be in force from and after its passage. Passed September 7, 1900. Approved September 10, 1900. Appendix. 333 AN OEDINANCE GKANTING TO THE LONE STAR ICE COM- PAIN Y, ITS SUCCESSOES AND ASSIGNS, AND THE AUSTIN GAS COMPANY, ITS SUCCESSOES AND ASSIGNS, THE EIGHT TO BUILD AND THE PEIVILEGE TO MAINTAIN FOE A PEEIOD OF TWENTY-FIVE YEAES FEOM THE 33ED DAY OF MAECH, 1903, A SPUE TEACK PAEALLEL TO AND ON THE EAST SIDE OF THEIE TEACK ON COLOEADO STEEET, CONNECTING WITH SAME AT A POINT BE- TWEEN WEST FIEST AND WEST SECOND STEEETS AND EUNNING SOUTH TO AND ACEOSS WEST FIEST STEEET IN THE CITY OF AUSTIN INTO THEIE PEEMISES. Section 1. Be it ordained by the City Council of the City of Austin: That the right and privilege is hereby given and granted to the said Lone Star Ice Company, its successors and assigns, and the Austin Gas Com- pany, its successors and assigns, to build, own and operate jointly for a period of twenty-five years from the 23rd day of March, 1903, a spur track parallel to and on the east side of the track of said ice company on Colorado Street, connecting with same at a point between West First and West Second Streets, and running south to and across West First Street into the premises of said ice company. Sec. 3. Said railroad track shall be laid and constructed under the supervision of the City Engineer and Street Committee and shall be used by the grantees herein, their successors and assigns, for the purpose only of conveying freight to and from their place of business, provided said parties shall put Colorado Street adjoining said track in good con- dition to the satisfaction of the City Engineer and Street Committee. Sec. 3. This ordinance shall take effect and be in force from and after its passage. Passed March 16, 1903. Approved March 18, 1903. AN OEDINANCE ENTITLED AN OEDINANCE GEANTING TO THE LONE STAE ICE COMPANY A FEANCHISE TO BUILD A SPUE TEACK OF EAILEOAD ACEOSS COLOEADO STEEET BETWEEN SECOND AND THIED STEEETS IX THE CITY OF AUSTIN. Section 1. Be it ordained hy the City Council of the City of Austin: That the Lone Star Ice Company of Austin, Texas, be and is hereby granted a franchise to build a spur track of railroad as follows : Com- mencing at a point about midway east and west from Colorado Street 334 Appendix. and the rock house adjoining Walter Tips' warehouse, and north and south between the main track of the International & Great Northern Railroad Company on Third Street, and the coal bins of the Lone Star Ice Company; thence running in a southeasterly direction across Colo- rado Street and into and upon Lot 9 in Block 19, to the alley between Colorado Street and Congress Avenue. Sec. 2. That all work so done under the terms of this ordinance shall be done under the direction of and in compliance with the require- ments of the Street Committee and City Engineer. Sec. 3. That by the acceptance of this franchise the Lone Star Ice Company agrees to indemnify the City of Austin against any and all claim or claims which may be made against it by any person or persons whomsoever arising out of the construction of said spur track; and shall place under said track where gutters are crossed sewer pipes of such size as may be required, and shall keep same open and free from obstructions at all times; and shall keep and maintain said track in proper condition. Sec. 4. That this ordinance shall be in force from and after its passage. Passed October 3, 1904. Approved October 4, 1904. AN ORDINANCE GRANTING THE UNITED STATES GOVERN- MENT, THE AUTHORITIES OF THE STATE OF TEXAS, OF THE COUNTY OF TRAVIS, AND SUCH CITIZENS OF THE CITY OF AUSTIN AS MAY DESIRE, TO LAY AN UNDER- GROUND SEWER IN THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Austin: That the United States Government, the authorities of the State of Texas, of the County of Travis, and such citizens of the City of Austin as may desire so to do, are hereby granted permission and authority to lay and construct an underground sewer and maintain connections therewith, from the United States court house and postoflBce building, from the capitol buildings and grounds of the State of Texas, from the court house and jail of Travis County, being situated in said City of Austin, and from the residences and places of business of such citizens of the City of Austin as may avail themselves of the privileges herein granted, to the Colorado River, between the mouth of Waller Creek and the foot of San Jacinto Street, discharging in said river, about raid- stream, and at least twelve inches below low water level thereof ; provided, that said connections shall not at any time exceed the capacity of said sewer, which capacity is hereby fixed in minimum at twelve inches Appendix, 335 throughout its entire length; that no connecting pipes shall be more than one-third the capacity of the main sewer; that none of said con- nections shall be made at right angles with said sewer, that all connec- tions leaving buildings shall be of cast iron, and that said sewer shall be constructed of good cast iron or glazed earthen pipes, properly laid and jointed, with that portion emptying into the river of cast iron, well and securely anchored at least twelve inches below low water. Sec. 2. That said government, authorities and citizens shall at all times keep their respective portions of said sewer and connections in proper repair, and that whenever, in the opinion of the Board of Health of the City of Austin, said sewer and connections, or any part thereof, is or is likely to become detrimental to the health of the citizens of said city, it shall be the duty of said government, authorities and citizens to remove and abate the same within ten days after being notified by the Mayor of the City of Austin of the decision of said Board of Health; provided, that the City of Austin reserves for itself the right, should said parties fail or refuse or abate or remove said sewer within time herein specified, to have the same abated or removed at the expense of said government, authorities and citizens. Sec. 3. That said sewer and connections shall be laid and constructed under the direction and supervision of the Board of Health of the City of Austin, and shall in all things thereto appertaining, conform or be conformed to the opinion and requirements of said Board of Health, as well as to all existing and future sanitary ordinances of the City of Austin, and to such sewer grades as may hereafter be established by said city without cost to said City of Austin. Sec. 4. That the City of Austin hereby reserves for itself and its citi- zens the right to construct and maintain free connections with said sewer, as well as the right to declare said sewer public property, and to assume charge and control, without compensation to the parties constructing the same, of. said sewer as such, whenever the City Council of the City of Austin may so elect or determine; provided, however, in such event the City of Austin guarantees to said government, authorities and citi- zens all the privileges of said sewer free of cost, except such as may be required to keep their respective connections therewith in good repair. Sec. 5. That in constructing and laying said sewer proper means for making connections therewith shall be laid wherever said sewer may cross any street or alley, and all streets and alleys so crossed by said sewer and connections shall be left in as good and safe condition after, as before said sewer was laid; and that this ordinance be in force from and after its passage. Passed December 29, 1880. • Approved December 29, 1880. 336 Appendix. AN OEDINANCE GRANTING AUTHORITY TO THE UNITED STATES TO LAY A SEWER FROM THE UNITED STATES COURT HOUSE AND POSTOFFICE TO THE COLORADO RIVER. Section 1. Be it ordained by the City Council of the City of Austin: That permission is hereby granted to the United States to lay a sewer of glazed earthenware pipe from the court house and postoffice to the Colorado River at the foot of Congress Avenue. Sec. 2. That authority is hereby granted to the citizens of Austin to connect with said sewer, upon such terms as may be agreed upon between them and the United States. Sec. 3. That said sewer shall at all times be subject to such regu- lations of a sanitary nature as may be adopted by the City Council on the recommendation of the Board of Health. Sec. 4. That this ordinance be in force from and after its passage. Passed April 8, 1881. ' Approved Ajjril 12, 1881. AN ORDINANCE GRANTING TO W. B. BRUSH AND HIS AS- SOCIATES, ASSIGNS OR SUCCESSORS THE RIGHT TO ERECT, OPERATE AND MAINTAIN A SYSTEM OF UNDER- GROUND SEWERAGE IN THE CITY OF AUSTIN AND AD- DITIONS THERETO. Section 1. Be it ordained by the City Council of the City of Austin: That W. B. Brush, of Austin, Texas, his associates, assigns or successors, shall have the right to erect, operate and maintain a system of under- ground sewerage within the limits of the City of Austin and the addi- tions thereto, and shall have the right and privilege to lay their sewer pipes in and along any street, lane, alley or common in said city; pro- vided, the same shall be left in as good condition as before laying said pipes. Sec. 2. That the main sewer east of the Avenue shall be in the first alley east of said Avenue, and sliall l)egin at the county court house, or north of that point, and shall run down said alley to and into the Colo- rado River. Sec. 3. That all the main sewers and their branches shall be con- structed out of good, glazed earthen pipes. Sec. 4. The main sewer shall empty into the Colorado River aliout midstream, and at least twelve inches below the surface of the water at low water mark. Appendix. 337 Sec. 5. That all the main pipes shall be at least twenty inches in diameter, and the branches to said main sewer shall be of a size deter- mined upon and prescribed by the City Engineer, and all main sewers and branches thereof shall be constructed under the supervision of the City Engineer and Street Committee. Sec. 6. Said system of sewerage shall at all times be kept in a good state of repair and in condition to fulfill the object for which it is constructed, by W. B. Brush, his associates, assigns or successors. Sec. 7. The City of Austin shall have the right to connect all of its public buildings with and use any and all of the sewerage pipes for said public buildings in the city without any charge whatever. Sec. 8. Any person desiring to connect his premises or property with the main sewer or its branches, or to use the said main sewer or its branches, shall have the right to do so upon the following conditions : The person, firm or corporation desiring to connect with the said sewer shall pay for the pipes and expenses of laying the same, and shall pay to the •owners of said sewer the sum that may be agreed upon between them, but in no case shall the sum charged be more than two hundred and fifty dollars ($250.00) for any one building, except hotels and livery ^tables, and in these cases the price shall not exceed five hundred dollars ($500.00), and the right to use said sewer once acquired shall con- tinue forever. Sec. 9. Work on the main sewer shall begin within twelve months from the passage of this ordinance, and the east main sewer shall be 'Completed within twenty-four months thereafter. Sec. 10. Should the City of Austin desire to purchase the said •system of sewerage, she shall have the right to do so at the expiration of five years by paying the owners thereof a reasonable price therefor. lu case of disagreement on the price of said sewerage, the same to be ar- ranged by arbitration, the city to select a party. Brush and his asso- ciates or assigns a party, and in case they fail to agree, then the parties rselected are to select a third party, and their agreement to be final. Sec. 11. The rights and privileges herein granted shall extend and be in force for the period of ninety-nine years. Sec. 12. That this ordinance shall take effect and be in force from :and after its passage. Passed July 6^ 1882. Approved July 7, 1882. 338 Appendix. AN ORDINANCE GRANTING TO THE STATE OF TEXAS THE RIGHT TO LAY A SEWER WITHIN THE CITY. Section 1. Be it ordained by the City Council of the City of Austin : That the State of Texas shall have the right to erect, operate and main- tain a system of imdergi'oimd sewerage within the limits of the City of Austin, and the additions thereto, and in and along any street, lane, alley or common in said city, from any of the public buildings of the State, to Waller Creek; thence down the bed of said creek to the Colo- rado River. Sec. 2. Said sewer shall be constructed of good, glazed earthenware and the main sewer shall be at least fifteen inches in diameter, and shall be laid under the superintendence of the City Engineer of the City of Austin; and said sewer shall be laid at least four feet beneath the sur- face of the earth, after it reaches the bed of Waller Creek, and shall discharge about midstream of the Colorado River, and at least four inches below the surface of the water at low water mark. Sec. 3. The City of Austin shall have the authority and privilege of connecting any of the public buildings with the main sewer, or its branches, free of charge. That the citizens residing adjacent to the main sewer or its branches shall be permitted to connect with said sewer, or branches, under such restrictions as the State may prescribe. Sec. 4. The State shall at all times keep the said main sewer and its branches in a good condition, and should said sewer or branches ever become so out of repair as to fail to perform their intended purpose, or shall become a nuisance, then, in either case, the City of Austin reserves the right, authority and power to declare the rights herein granted to be at an end, and shall have power and authority to cancel the right and privileges herein granted, and to take up said sewer. Passed August 7, 1882. Approved August 8, 1882. AN ORDINANCE GRANTING THE RIGHT OF WAY TO THE STATE OF TEXAS TO CONSTRUCT A SEWER, ETC. Section 1. Be it ordained by the City Council of the City of Austin: That the right of way is hereby granted to the State of Texas for the construction of a sewer from the Governor's Mansion, the Temporary Capitol and the General Land Office, through and across, in and along any street, lane, alley or common in the city, to the Colorado River or to the State sewer now in course of construction. Sec. 2. That the City Council, through the Street Committee and Appendix. 339 the City Engineer, shall have equal supervision with the State authori- ties in determining the dimensions of the sewer, the quality of the ma- terial used, and the workmanship of construction. Sec.' 3. It is hereby understood that this grant of a right of way shall be subject to the sanitary regulations that are now or may here- after be enforced by the City Council or the city Board of Health. Passed July 7, 1883. Approved July 9, 1883. AN OEDINANCE GEANTING TO THE LEWIS MERCEE CON- STEUCTIOX COMPANY, THEIE ASSOCIATES, SUCCESS- OES AND ASSIGNS, THE EIGHT TO CONSTEUCT AND MAINTAIN SANITAEY UNDEEGEOUND SEWEES UNDEE THE STEEETS AND ALLEYS OF THE CITY OF AUSTIN. Section 1. Be it ordained hy the City Council of the City of Austin: That the right is hereby granted to the Lewis Mercer Construction Com- pany, a corporation duly incorporated under the laws of the State of New Jersey, to construct, maintain and operate for the period of fifty years a system of sanitary sewers under the streets and alleys of the City of Austin, subject to the right of the City Council of the City of Austin to determine as to the side of each street and alley that such sewers shall be laid under and subject to the conditions hereinafter pro- vided. And the Lewis Mercer Construction Company, their associates, suc- cessors and assigns, shall have the privilege in accordance with the terms of this ordinance of using all of the streets and alleys within the cor- poration limits of said city of Austin as they now exist or may here- inafter exist by extension for the purpose of laying pipes, conduits of brick sewers, manholes, catch basins, etc., as may be necessary to provide an adequate system of sanitary sewerage to the City of Austin, and for making repairs or extensions to such system during the period in which this ordinance may be in effect, but the City Council shall de- termine under what portions of such streets and alleys said sewers may be laid. Sec. 2. The said Lewis Mercer Construction Company, their asso- ciates, successors and assigns shall exercise due care and diligence in the use of the streets, alleys and other public places, and shall cause no unnecessary obstruction to public travel over or upon the same or any injury or unnecessary interference with any pipes either of gas or water which may be lawfully located beneath the surface thereof when such sewers are laid, and the said Lewis Mercer Construction Company 340 Appendix. shall take every reasonable precaution against accident and danger to persons or property in the exercise of the rights and privileges hereby granted, and shall cause all excavations to be properly lighted and yarded at night and after the completion of the purposes for which said streets and alleys may be used they shall be restored to their former condition as near as may be without unnecessary delay. The said Lewis Mercer Construction Company, their associates, suc- cessors and assigns, hereby agree to hold the City of Austin harmless from any liability which may result to it by reason of any violation of this section, or by reason of any failure to maintain said sewers in proper repair. Sec. 3. The general plan of the sewerage system shall be as follows : Sewers shall be of the best quality of salt-glazed terra cotta pipe, truly cylindrical and laid upon a true gradient, with joints laid tight with first-class cement mortar, or they shall be made of first-class hard-burned brick, laid in first-class cement mortar. Manholes shall be placed over the sewers about five hundred feet apart and covered with approved cast iron covers strong enough to carry the greatest and heaviest traffic. Sewer to be laid at such depth from the surface of the streets as to give a fall of not less than three inches in ten feet from adjacent build- ings. Xo sewer pipe shall be less than six inches in diameter, and all sewers shall be large enough to provide for the easy flow of all sewerage. Sec. 4. No connection shall be made to the sewer system without a permit from the Lewis Mercer Construction Company, their associates, successors and assigns, and all connection shall be made by them or ninder their supervision, and all charges for such service shall be equal and uniform. Sec. 5. The said Lewis Mercer Construction Company, their asso- ciates, successors and assigns, shall file with the City of Austin a copy of the plan exhibiting the location of sewers, manholes, inspection holes, flush tanks and disinfecting tanks, which were approved and accepted by the City Council at their special meeting of June 22, 1892. And the same shall constitute the system hereby authorized, subject to the right of the City Council to prescribe as what parts of the streets and alleys said sewers may be laid under. To this system extensions may be made either by the order of the City of Austin or at the option of the Lewis Mercer Construction Com- pany, their associates, successors and assigns, subject to the approval by the City Council of the plans and specifications of such extensions as may not be included in the original plans and specifications; provided, Tiowever, that the said Lewis Mercer Construction Company, their asso- Appendix. 341 ciates, successors and assigns, shall not be required to extend the system to a part that is not at the time sufficiently built up to return a reason- able revenue. And the said Lewis Mercer Construction Company, their associates, successors or assigns, shall have reasonable time within which to make all reasonable extensions required by the City of Austin. Sec. 6. The City Council shall make and pass such ordinances with adequate penalties as may be necessary for the protection and proper use of the sewers or their necessary connections, catch basins, manholes and other appurtenances; also such ordinances requiring the fulfillment of the obligations of this ordinance as will insure the prompt com- pliance of all parties concerned. Sec. 7, The said Lewis Mercer Construction Company, their asso- ciates, successors or assigns, may procure the organization of a sewer works company or corporation under the laws of this State, and may assign to it all the rights and privileges acquired by this ordinance. Sec. 8. The construction of said sewer system shall be commenced within three months of the acceptance of plans and shall be completed within one year thereafter; provided, however, that if the time as then specified be extended by floods, act of God or public enemy, or for legal proceedings for the maintenance or defense of their legal rights, or in the acquisition of property, or rights of way, or by reason of any other causes whatever beyond their control, such time shall form no part of the time specified in this ordinance for the performance of any acts required by the terms hereof to be done by them. Sec. 9. During the construction of said sewers the City Engineer shall from time to time inspect the work done and material used, and should any departure from the accepted plans and specifications occur, he shall at once call the attention of the Lewis Mercer Construction Com- pany, or their legal representatives, to the fact, and the said Lewis Mer- cer Construction Company, or their legal representatives, shall cause the work to be corrected in accordance with said plans and specifications, and, failing to do so, the City of Austin shall have the right to stop the construction of such sewers until such specifications shall have been conformed with; upon the completion of the system, the City Engineer shall officially notify the Council that the work done and material fur- nished is in conformity with the plans and specifications adopted and accepted by the said City Council, whereupon they shall pass an ordinance reciting the fact and accepting the. said system, and all of the rights, privileges and obligations of this ordinance shall henceforth be in full force and effect. Sec. 10. That all persons or property holders connecting their prem- ises with the above sewer system shall have the privilege of furnishing 342 Appendix. all service pipes, material and labor putting same in position, except actual contact with the main sewer or its branches; provided, such per- sons or property holders desire to exercise this privilege. Sec. 11. The City of Austin shall have the right to connect any of its public buildings with said sewer free of charge for sewerage. Sec. 12. That this ordinance take effect upon its approval by the Mayor and acceptance by said Lewis Mercer Construction Company, to be evidenced by a written acceptance signed by the president of said company and attested by the proper officer and sealed by its corporate seal, accompanied by a duly certified copy of a resolution of the board of directors of said corporation authorizing the acceptance of this ordi- nance, which acceptance and copy of such resolution shall be filed with the City Clerk of Austin within sixty days from the approval of this ordinance, or this ordinance shall not go into effect. Passed June 25, 1892. Approved June 29, 1892. AN ORDINANCE GRANTING AN EXTENSION OF TIME TO THE LEWIS MERCER CONSTRUCTION COMPANY WITHIN WHICH TO COMPLETE THE SYSTEM OF UNDERGROUND SEWERS NOW BEING LAID BY IT IN THE CITY OF AUSTIN. Section 1. Be it ordained by the City Council of the City of Austin: That there is hereby granted to the Lewis Mercer Construction Company, its successors and assigns, an extension of six months within which to complete the system of underground sewers now being constructed by it under and by authority of an ordinance passed by the City Council of the City of Austin on June 25, 1892, and approved June 29, 1892, entitled "An Ordinance granting to the Lewis Mercer Construction Company, their associates, successors and assigns, the right to construct and maintain sanitary underground sewers under the streets and alleys of the City of Austin." Sec. 2. The extension hereby granted shall not be enjoyed unless the said company shall commence work on said sewers within thirty days from the approval of this ordinance and complete said system of sewers according to the provisions and requirements of the ordinance herein- before referred to within six months "from the approval of this ordinance. Sec. 3. This ordinance shall not take effect until its acceptance in writing by the said Lewis Mercer Construction Company. Sec. 4. Should the said Lewis Mercer Construction Company fail to complete said system of sewers in accordance with the requirements of Appendix. 343 this ordinance, then all franchises and privileges heretofore granted to it by the City of Austin shall be held to have been abandoned and for- feited; provided, such failure is not caused by the act of God, or the public enemy ; provided, in consideration of thi extension of the franchise hereby extended the City of Austin hereby reserves the right to fix a maximum rate of charges to be made by said Lewis Mercer Construction Company, its successors or assigns; provided, that all maximum rates fixed by the City Council shall be reasonable. Passed October 2, 1893. Approved October 5, 1893. A EESOLUTIOX GRANTING TO THE AUSTIN OIL MANUFAC- TUEING COMPANY THE RIGHT TO CONSTRUCT, MAIN- TAIN AND OPERATE A RAILROAD TRACK UPON AND ACROSS CERTAIN STREETS IN THE CITY OF AUSTIN. Section 1. Be it resolved by the City Council of the City of Austin: That the Austin Oil Manufacturing Company shall have the right to construct, maintain and operate a single standard gauge railroad track upon and across the following named streets in the City of Austin for a period of fifty years, subject to the terms and conditions hereinafter stated. (1) Beginning in East Fifth Street north of Outlot No. 6, Division ; thence in a southerly direction to and across the street which divided Outlots Nos. 6 and 7, in Division 0, to the west line of Outlot No. 7 in said division. (2) Beginning on the south line of East Fifth Street at a point about four hundred and fifty feet eastwardly from the said street, which is between Outlots Nos. 6 and 7, in Division ; thence in a northeasterly direction, a distance of about ninety feet. Sec. 2. In the construction of said railroad track the said Austin Oil Manufacturing Company, or its assigns, shall conform to the grade of the streets, as given by the City Engineer, and should the city establish a new grade and actually bring the street, other than that occupied by said company, to conform to such grade, said company shall regrade its road to conform to the new grade of the street. The rails of said road shall be laid and kept not more than one inch above the grade of the street. All damage done streets in constructing said track shall be repaired by said company at its own expense. Adopted April 8, 1893. Approved April 10, 1893. 344 Appendix. AN OEDI?s^ANCE TO PEOViDE FOR THE PUECHASE OF THE WATEE, LIGHT AXD POWEE PLANT OF THE AUSTIN WATEE, LIGHT AND POWEE COMPANY AND OF THE CITY WATEE COMPANY, IN THE CITY OF AUSTIN, AND TO PEO- VIDE FOE THE PAYMENT OF THE PUECHASE PEICE THEEEOF, AND TO PLEDGE A POETION OF THE GENEEAL EEVENUE OF THE CITY TO SECUEE THE PAYMENT THEEEOF. Whereas^ (1) It is the purpose of the City of Austin to purchase the water, light and power plant of the Austin Water, Light and Power Compam' ; (2) The City of Austin is indebted to Joseph Nalle, receiver of the Austin Water, Light and Power Company, as follows: Upon a judgment entered in the Circuit Court of the United States for the Western District of Texas on May 20, 1899, in Cause No. 2292, Law, in the sum of $47,572.76; Upon a judgment entered in said court on May 24, 1901, in Cause No. 2325, Law, in the sum of $27,716.15. (3) The said Joseph Nalle, receiver, as aforesaid, claims that there is due to him for hydrant rentals under the terms of a contract entered into between the City of Austin and the City Water Company on the 13th day of April, 1882, for water furnished between the 1st day of January, 1901, and the 1st day of October, 1901, the sum of $9075.00 and interest, and for water furnished between the 1st day of October and the 1st day of July, 1902, the sum of $9075.00; (4) The City of Austin has contested the payment of the judg- ments aforesaid, and the claim for hydrant rentals from January 1, 1902 ; (5) A preliminary agreement looking to the sale of the plant afore- said and of the purchase of the same by the City of Austin upon the terms hereinafter set forth has been entered into between the repre- sentatives of said City of Austin, on one part, and J. W. Hamer, repre- senting the bondholders and stockholders of the City Water Company and of the Austin Water, Light and Power Company, of the other part, said preliminary agreement taking the place of an agreement heretofore entered into between said Hamer and representatives of said city and involved in the cause of John D. McCall vs. The City of Austin et al., and this agreement being intended to comply and conform to the de- cision of the Supreme Court of the State of Texas upon appeal of said cause; therefore, Be it ordained by the City Council of the City of Amtin: (1) That the City of Austin hereby contracts for the purchase of the water, light Appendix. 345 and power plant of the Austin Water, Light and Power Company, form- erly the property of the City Water Company, now being operated in the City of Austin by Joseph Nalle, as receiver in the case of Huey et al. vs. the City Water Company and the Austin Water, Light and Power Company, including all the real and personal property of said com- panies, except bills, accounts, judgments and claims receivable, and ex- cept the office furniture, fixtures and books of such company, but in- cluding all maps and plans of said company. (2) The said City of Austin, in consideration of the conveyance and delivery, as hereinafter specified, of the plant aforesaid, promises and agrees to pay to J. W. Hamer, trustee of the bondholders and stock- holders aforesaid, and to his assigns and successors in trust, current money of the United States as follows: First. — The sum of one hundred and seventy-five thousand dollars ($175,000.00). Second. — The amount of the judgments aforesaid, being $75,288.91. Third. — The amount of the contested claim- of Joseph Nalle, receiver, for hydrant rentals from January 1, 1901, to October 1, 1901, towit, $9542.34. Fourth. — A sum equal to the total amount of all city taxes, and pen- alties, costs and interest on taxes due from either or both of the corpora- tions aforesaid, or from their receiver, to and including the taxes for 1902, in case it should be held that there are any unsettled taxes on said plant, the City Attorney being hereby authorized and instructed to institute, as soon as practicable, in the United States Circuit Court for the Western District of Texas, sitting at Austin, a suit for said taxes (this course being deemed best because of the fact that several different funds of said city would be interested in said taxes, whereas the money to be paid by the city on this contract is to come out of the general fund alone). Fifth. — Interest as follows : (a) On $175,000 of said purchase price from October 1, 1901, to the passage of this ordinance at 3 per cent per annum. (b) On $84,831.25 of said $175,000.00 at the rate of 6 per cent per annum from date of the passage of this ordinance until paid. (c) On the remainder of the purchase price (as defined in this and the succeeding paragraph) at the rate of 3 per cent per annum from the date of the passage of this ordinance until paid. (d) Interest to be calculated on amounts unpaid. (3) That the City of Austin is to make payments on the purchase price (which purchase price is the aggregate of items in paragraph (2) next above, and includes the judgments and claims for hydrant rentals 346 Appendix. therein recited and interest as specified in subdivision (a) from October 1, 1901, to this time), of said plant as follows: First. — There is to be a payment each year of $22,500.00 ; this amount may be increased by the city at its pleasure. Second. — Of said annual payment of $22,500.00, so much as may be required therefor shall be used in the payment of the interest as herein- before provided, this to include for the first annual payment the interest on said $175,000.00 from October 1, 1901, to date. Third. — Of said annual payment of $22,500.00, an amount equal to 2 per cent of the entire amount of the purchase price of the said plant shall be appropriated as a sinking fund for the discharge of said price, and shall be utilized in and applied to the liquidation and discharge of said principal obligation. Fourth. — Any balance of said annual payment of $22,500.00 over and above the interest paid and the sinking fund as aforesaid shall be applied primarily to the payment of said part of said principal which draws in- terest at the rate of 6 per cent per annum; after the discharge of that part of the principal sum drawing 6 per cent interest such balance shall be applied to the payment of the remainder of the purchase price. (4) That of the annual tax for the year 1902 and for each succeed- ing year until the contract is fulfilled and discharged, provided for by Subdivision 1 of Section 33 of the charter of the City of Austin, as amended by an act approved and effective September 21, 1901, of "1 per cent on all property within the limits of said city made taxable by law for State and county purposes, the money raised by said taxes to be used for the current expenses and for general improvement of the city and its property," '^one-fourth of 1 per cent of the total taxable values as aforesaid"; that is to say, a tax of one-fourth of 1 per cent out of and as a part of said authorized tax of 1 per cent for said year of 1902 and succeeding years, is hereby by said City Council levied and pledged for the liquidation, settlement and payment of the money due and payable or to become due under the terms of the contract herein author- ized for the purchase of the aforesaid water plant, and this levy and pledge shall continue to be a binding and irropealable contract until the purchase price of said plant shall have been fully paid and discharged. (5) The payments under the terms of the contract hereby author- ized and entered into shall be made on or before the 1st day of April of the year 1903, and of each and every year thereafter, until the discharge of the entire amount due, or which may become due by virtue of the terms hereof; and the said City of Austin hereby pledge s itsel f^ and its said City 001111011 to place u pon the budget provided for by the_ charter^ "oTTaid (ily. nnd at the time therein provided, an amount sufficient for Appendix, . 347 the payment of that which would that year become due under the terms "of this contract for the purpose of such payment, and further obligates "Itself to annually appropriate and set aside before the first day of April of each year the sum of $22,500.00 for the payment of the obligations here undertaken, until the same shall have been fully paid off and dis- ""charged. The terms of the contract which is hereby authorized and entered into may, at the option of said J. W. Hamer, representative of the creditors of said companies, aforesaid, be incorporated in a judgment against the said City of Austin in any cause now pending between the City of Austin and Joseph Nalle, receiver, or in the case of Huey et al. vs. City Water Company et al., pending in the Circuit Court of the United States, or in a cause to be instituted in said court, and E. E. White, Mayor, and V. L. Brooks, City Attorney, are hereby authorized and empowered to enter an appearance or accept service in any or either of said causes for the said City of Austin, and to have judgment, or judgments, entered in accordance with the terms hereof, and enforcing performance of said terms by mandamus or otherwise, and to have such further orders entered, and such further action taken therein as may be necessary or proper in giving effect hereto. The obligations herein undertaken shall not be binding upon the said City of Austin until the plant of said Austin Water, Light and Power Company, as hereinbefore described, shall have been conveyed and de- livered to said city, without incumbrance of any character (including city, county and State taxes, except such taxes, if any, for the year 1903) upon the same; the acceptance of said plant by the city being evidence that this provision of the contract has been complied with by the sellers. The plant aforesaid shall be conveyed and delivered as herein provided within sixty days from the final passage and approval of this ordinance. The contract herein authorized and entered into does not operate as a discharge of the judgment hereinbefore recited, or of the judgments auxiliary thereto, but the full and complete fulfillment of the terms of this contract shall operate as a discharge of said judgments, and any other claim or claims which the companies aforesaid, or their re- ceiver, may have against the city. The contract herein provided for may be further evidenced by an in- strument of writing setting forth the provisions of this ordinance and the obligation undertaken by the City of Austin, and the undertakings of the sellers of the plant aforesaid, which instrument E. E. White, Mayor; Jno. 0. Johnson, City Clerk, and V. L. Brooks, City Attorney, are hereby authorized to execute in behalf of said city. Passed August 4, 1902. Approved August 6, 1902. 348 Appendix. AN OEDINANCE TO GEANT TO NELSON DAVIS, OF AUSTIN, TEXAS, HIS HEIES AND ASSIGNS, THE PEIVILEGE AND EIGHT TO ELEVATE THE SIDEWALK ON THE NOETH SIDE OF LOT 7 IN BLOCK 29 IN THE CITY OF AUSTIN, TEAVIS COUNTY, TEXAS, TO THE HEIGHT OF THE FLOOE OF OEDINAEY FEEIGHT CAES, PEOVIDING THE ACCESS TO BE NOT LESS THAN A SLOPE OF TWO AND ONE-HALF FEET TO ONE FOOT OF ELEVATION, AND SATISFACTOEY TO THE CITY ENGINEEE OF THE CITY OF AUSTIN, AND PEOVIDING THAT THE OWNEE KEEP SAID SIDEWALK AND APPEOACHES IN EEPAIE, AND AEE LIABLE FOE ALL DAMAGES CAUSED BY NEGLECT IN THAT EESPECT. Section 1. Be it ordained by the City Council of the City of Austin: That Nelson Davis, of Austin, Travis County, Texas, as the owner of Lot 7 in Block 29 of the City of Austin, in Travis Count}^ Texas, and his heirs and assigns, are hereby granted the privilege and right to elevate above the level of the street, and forever maintain, the sidewalk on the north side of said lot to the height of the floor of ordinary railroad freight cars, to facilitate loading and unloading from railroad cars run on the north side of said lot. Sec. 2. Said Nelson Davis, his heirs and assigns are required to give access to such sidewalk from the east and west ends by means of a sloping approach of not less than two and one-half feet to each foot of elevation; and provided further, that said approach must be made to the satisfaction of the City Engineer, and his satisfaction to be ex- pressed in writing and filed with the City Clerk. Sec. 3. It is further provided that the owner or owners of said lot, or any part thereof, are, each for himself, required to keep, to the extent of his or their ownership, said sidewalk and the approaches thereto in repair, and failure on their part to so repair makes the respective owner or owners liable for all damage accruing to his or their property by reason of such neglect, and such owner or owners at the time any accident occurs are required to indemnify and save the City of Austin harmless from any damage that may accrue to it by reason of such neglect. Passed July 17, 1905. Approved July 19, 1905. Appendix. 349 GULF EEFINING COMPANY. Be it resolved by the City Council of the City of Austin: 'That the Gulf Eefining Company of Port Arthur, Texas, is hereby granted per- mission to build and erect, on what is known as the north one-half of northeast one-fourth of Outlot No. 2, Division 0, City of Austin, Texas, the same being situated south of Block No. 4, Outlot No. 2, Di- vision A, and between Medina and Waller Streets, and north of Lots Nos. 34 to 44, Outlot No. 2, Division 0, of said city, one or more steel tanks for the storage of oil and oil products, to be built on brick or rock foundation; also a warehouse about forty feet square, of galvanized iron sides and roof, also for storage of oil and oil products. The quantity of oil or oil products to be stored or warehoused is hereby permitted to be over two hundred and fifty gallons. Passed September 25, 1905. Approved September 28, 1905. AN ORDINANCE GRANTING THE RIGHT TO WM. J. LEMP TO EXTEND THE PRESENT RAILROAD TRACK NOW IN OLD COURT HOUSE SQUARE EAST ACROSS GUADALUPE STREET INTO LOT NO. 1 IN BLOCK NO. 27 OF THE CITY OF AUSTIN. Be it ordained by the City of Austin through its Council as follows: That Wm. J. Lemp be and is hereby given the right to extend the present track of the International & Great Northern Railroad now in old court house square of said city east across Guadalupe Street into Lot No. 1 in Block No. 27 of the City of Austin, County of Travis, State of Texas. That in making the crossing over Guadalupe Street, as aforesaid, said Lemp shall sink the ties below the natural surface of the ground to such depth as to leave the tops of the iron rails thereon not exceeding one inch in height above the natural and level surface of said street and shall plank the said rails on both sides of each rail to the full width of said street with good and suitable planks and shall keep and maintain the same in this condition. This ordinance shall take effect from and after its passage. Passed November 15, 1886. Approved November 19, 1886. 350 Appendix. GEANTING PEEMISSION TO S. NETTER, A. GEISMAN & CO., OR THEIR LESSEES OR VENDEES, TO CONSTRUCT A RAILROAD TRACK, SPUR OR SWITCH ON EAST FIFTH STREET. Be it resolved by the City Council of the City of Austin: That the petition of S. Netter, A. Geisman & Co., asking permission to con- struct a spur or switch track from the siding or switch of the Houston & Texas Central Railroad Company, to be connected with said siding or switch at a point thereon nearly opposite the east end of Block No. 1 in Outlot No. 1 of Division A of the City of Austin, and to run from said point of connection across East Fifth Street in a westerly direction to and along the line of a warehouse used by petitioners for storing cotton seed, situated at the corner of East Fifth Street and East Avenue, be and the same is hereby granted, and the said S. Netter, A. Geisman & Co., or their lessees or vendees, are hereby granted permission to con- struct, under the supervision of the City Engineer and the Street Committee of the City of Austin, such spur or switch track as herein- before set out to be used by said petitioners, their lessees and vendees, and the Houston & Texas Central Railroad Company, for the purpose of passing cars over said track in the delivery and removal of freight to and from said warehouse, and the lots upon which same is situated. This privilege is granted upon the condition that said S. Netter, A. Geisman & Co., and the person constructing said track across said street, shall hold the city harmless fronl all damages that may result to any person by reason of the construction of said railroad spur or switch track across said street; provided said switch track shall at all times be kept so as not to interfere with public travel. This resolution shall take effect from and after its passage. I, Jno. 0. Johnson, City Clerk of the City of Austin, Texas, do hereby certify that the above and foregoing resolution was passed by the City Council of said city at a regular meeting of same, held on the 21st day of January, 1901, and that said resolution was placed in the City Clerk's office immediately after its passage on said 21st day of January, 1901, and that the Mayor of said city failed to approve or to signify his disapproval of same for a longer period than ten days after said resolution was placed in the City Clerk's office. Jno. 0. Johnson, Citjr Clerk. Austin. Texas, February 1, 1901. INDEX. Article. Page. Absence from City — Officers ". 384 110 Recorder 137 43 ,, I 152 46 ^^^y""' ] 441 115 President of Council 152 46 City Attorney 450 122 Engineer 491 . 129 Additions to City 1-4 . 11 Agents of City, Council to employ, etc 169 48 AT * fl • I 224 65 ''^l^™ «^ ^'' 1 539 138 In case of riot, etc 246 68 Clearing street. 250 68 .,, I 153 46 ^^^^™'^" \ 512-518 134 Board of 142-144 45 Removal of 147 45 Office to become vacant in case of removal from ward. . 515 135 President of Board of 152-153 46 Contest of for office 194-196 58 Election of 375 109 Office of established 371 108 f" 172 55 Vacancy in office of <{ „„„ |,o [ 516 135 Alleys, streets and 842-871 200 Alleys are thoroughfares 868 205 Amendment of budget 176 56 Animals 5-39 12-19 Prevention of cruelty to 5-6 12 Prevent running at large 7-20 12-15 ( 35-39 18 Dead bodies of ■] 677 165 f 698 169 Impounding of 9-16 13-15 Impounding of dogs 26-28 16-17 iTo be killed and buried, when 14 14 Tolling within pound limits 16 14 ^^^^^^^^ { 659 162 Driving on streets 18 15 Hitching on streets, etc 19-20 15 Auction sale of 40-43 20 Penalty for keeping on unclean premises 683-693 166-168 Not to be left untied 900 213 Appeal — From Board of Equalization 1009 237 From Corporation Court 134 42 352 Index. Article. Page. Appendix 279-350 Union depot 279 Austin Citj' Kaihvay Co 280-289 Houston & Texas Central Railway Co 282-297 Austin & Northwestern Railway Co 285-287 International & Great Northern Railroad Co 298-302 Missouri, Kansas & Texas Railway Co 302 Austin Ra/pid Transit Railway Co 303-306 Austin Electric Railway Co. .' 307-309 Austin Dam and Suburban Railway Co 309-316 Gas Works franchise 317 Capitol Ice Co 317 Western Union Tel. Co 318 Southwestern T. & T. Co 319-326 Postal Telegraph Cable Co 327 Telenhone Co., franchise to J. B. Earl et al 329 Lone Star Ice Co 331-333 U. S. Government sewer 334-336 Sewerag0f Engineer 488 129 354 Index. Article. Page. Of Plumbers 640 157 For appearance to Corporation Court \ ,„p *i For purchases of City 750 180 Liquor dealers 791 188 For public performances, etc ■] ,^i. Ji^ Bonds (City) 334-337 92-96 ^^°^^"g ] 338-35t 96-105 Retirement of 332 91 ,, . . I 335 (2) 92 Mayor to sign j 398 114 Bridges 888-897 212-213 Toll and ferries 897 212-213 No railway over 771 184 Bridges, streets, sidewalks and thoroughfares 799-942 191-219 Brush, etc... on vacant lots 369-370 107 Buildings and supplies protected against fire 254-262 69-71 Budget, Council to make annually 176 56 Buildings in City 50-58 25-27 „ , . ' I 56-58 26-27 Removal of unsafe -1 ofl-? 7() ■ 'Permit 50-55 25-26 Destroy, etc., to prevent fire 266-269 65-66 Materials for in fire limits 255 61 Painting signs, etc., on 324 89 On city property and parks 591-595 147 Bull, serving in open lot 19 15 Burials — 35-39 18-1» 698-699 169 80-86 33-34 Of persons .| 88-91 35 ( 170 §7 50 1 86 34 Of paupers \ 90 35 / 408 115 Without cemetery prohibited 100-101 36 Burial permit of dead animals 36 18 As to firemen cemetery lot 252 68 c. Calendar of City 59-63 28-29 Capitol Ice Co 317 Cars, railroad, movement of regulated 758-762 182 Cemetery 64-101 30-36 Designation of 63-75 30-32 T, , ,. , 3 170 §7 50 Regulation of j 88-99 35-36 Burial without prohibited 100-101 36 Streets of named 65-66 30 Streets of, hauling on 67-68 30-31 Open on Sunday 87 34 Mutilating trees, etc., in .... 318 88 Staking in prohibited . .'. 97 36 Dogs excluded 98 36 Cemetery lot, firemen 252 68 Cen»us, scholastic. Assessor to make 460 124 Of dead animals • • • • \ Index. 355 Article. Page. Certificate, burial 83 34 Chimneys, flues and fireworks 263-273 71-73 Cigarette dealers, occupation tax 1045 §39 252 r,. ,. , \ 1045 §15 249 Circus, occupation tax J. ,„.^ g,- 240 Regulation of 1066-1080 256-258 Cisterns, etc., to ibe screened 669 164 To be covered 741 178 City teaims 817-819 194-195 r 102 37 Clerk of Corporation Court \ ^^'*"jQg ^^"3? I 520 135 Clerk, the City . . . 4.34-446 120-121 To countersign bonds 335 (2) 92 To hold canceled bonds 335 (3) 92 ( 338 Q7 To prepare refunding bonds j „,„ ,„„ .„' To attest warrants 360 105 To register automobiles 44-45 21-22 Office estaiblished . 371 108 Custodian of ordinances 583 145 Closets, water, etc 615 151 On boats 663-667 163 Cock pit, occupation tax 1045 §19 250 Collector, the City ( see "Assessor and Collector" ) . Commission merchants, occupation tax \ , _/^ |„^ „t^ ^ ( 104o 82d 20O Commissioners, Street and Sewer 801-804 192-193 Complaint, in Corporation Court 120-122 40-41 Dismissal of 135 43 For removal of officers 387 111 Concerts, occupation tax 1045 §21 250 Confetti 742 178 Contagious disease 708-720 171-173 Council to protect against 170 §1 49 Contests, Election — f 145 ""^ Council to be iudges of J ]l^, ^^ ■* ° j 184 57 l^ 191-196 58-59 Statement of to be filed 379 109 Continuance, in Corporation Court 133 42 Contracts of City — Interest of officer in prohibited 550 139-14(. Of plumbers inhibited 643 157 Forfeiture of 62 28 Water, Light and Power Commission not to have in- terest in 508 134 Convicts of City, work of 110-114 38-39 Corporation Court 102-141 37-44 Establishing and regulating 102-135 37-43 Cotton brokers, occupation tax 1045 §25 250 Council, City 142-182 45-57 Organization and procedure 142-157 45-47 Powers of 158-175 47-55 Requirements of 176-180 56 Proceedings of imay be published 181 56 To appoint judges of election 187 57 To try contest elections \ l^\. ^^ •^ I 196 59 366 Index. Article. Page. Controls and authorizes hospitals 725 174 As to taxation 961-1065 225-255 To confirm or reject Fire Department applointees 198 60 May require fire scuttles 229 66 As to petitions to build in fire limits 260 70 To let the office of City Treasurer 465 125-126 May prescribe lighting conditions, etc 298 83 Controls investing of sinking fund 331 91 May fund, refund^ etc., bonded debt 337 93-96 May provide additional offices 372 108 To install officers elect 377 109 May require reports 383 110 Mayor to preside, etc 400 114 City Attorney to attend meetings of 448 121 To fix salaries, etc 519 135 •See ''Streets, Sidewalks," etc. D. Dances, Public 1066-1080 256-258 Day, eight hours 60-62 28 Dead bodies, removal of 89-90 35 Of animals 35-39 18-19 Death certificate 82-83 34 Deed- To cemetery lots 69-72 31-32 Mayor to sign 398 114 Assessor to sign 1039 245 Debts of City 361 105 Definitions 956 223 Delinquent taxes 1019-1044 240-247 Digging on streets regulated 822 196 Disease, contagious 708-720 171-173 Council to prohibit against 170 §1 49-50 I 483 128 City Physician to quarantine against A 7oq.7i« 171-172 Smallpox 717-720 172-173 Dismissal 135 43 Disturbing the peace — By auctioneers 43 20 By beating drums, etc 368 107 Citizens shall assist to abate when 426 118 Dogs 21-33 15-18 Prevent cruelty to 5-6 12 Vicious 31-32 17 Excluded from ceimetery 98 36 Mayor to prohibit from running at large 401 114 Dog Catcher 25 16 Assistant 25 16 Reports of 29 17 Door bells, ringing of, etc . . 323 89 Drains, house • 607 150 Drays 304-317 85-87 Drivers, fire 235-239 67 To report holes in streets, etc 244 68 Driving on streets, etc., regulated 857-862 204 Stock on certain streets. : 18 15 In cemetery 94 35 ^ . . . ..x S 315-316 87 Turning to right. j 857-859 204 Drum beating, etc 368 107 Index. 357 E. Article. Page. Effigy, prohibited 319 88 Elections 182-196 57-59 Regulation of 182-190 57-58 f 145 45 I 175 55 Dontest of \ 191-196 58-59 1 184 57 I 379 109 To increase (bonded debt .' 334 92 Of officers 374-375 108-109 To fill vacancies 172 55 Of officers of Fire Department 198-205 60-61 Mayor to issue proclamations for 403 115 Eight hours, a day 60-62 28 C 199 60 Engineer, Fire Chief ] 206 . 61 ( 211-217 62-64 May demand aid of citizens and destroy houses 225-226 65 Extinguishment signal, duty as to 250 68 Cemetery lot 252 68 Uniform 253 69 To inspect theaters, etc 276-281 75-77 i 55-56 26 488-500 129-131 To inspect buildings 56 26 To work city convicts 112 39 To supervise construction of oil tanks, etc 286-287 79 To supervise digging in street, etc 299 83 See "Plum'bing"; "Streets, Sidewalks, Bridges and Thoroughfares." Office established 371 108 Ex-oiRcio member of Plumbing Board 600 149 Supervise construction^ etc., of street railway tracks... < ■■ q,^ 194 Charge of City teams 817-819 194-195 Permit removal of dirt from streets ; . . 822 196 Supervise construction of sidewalks 872 §5 207 Engineer, Electrical 1101-1112 275-276 Equalization, Board of 996-1009 235-238 Organization of, its powers and duties 996-1006 235-237 Certified list of changes 1007-1008 237 Appeal from action of 1009 237-238 Council to prescribe rules for 108 56 Assessor to make return to 456 123 Assessor shall attend meetings of 457 123 Estimate of City income and expenditures 176-177 56 Clerk to keep posted 436 120 ( 806 193 Excavations on streets, etc ■{ 910 215 ( ■ 915-917 216 Explosives, etc., keeping 269 72 F. Fairs, theaters, etc., during prohibited 1078-1080 258 Fare, hacks, etc., authorized to charge 307-309 85-86 Feed, etc., to protect against fire 256-258 69-70 358 IxDEX. Article. Fees, pound 10 13 o^j--^ i lU ull Of City Attorney 107 38 Dog registration, etc 22-28 15-17 For burial of dead animals 36 18-19 O^ S*^-^t°° -I 88 35 Of Recorder 102 37 Of fire examinations 228 66 For certified copies 442 120 603 149 642 , 157 Plumbing \ Hospital ■] - 723 174 30-731 175 Fences, in cemetery 92 35 Building of regulated 254 69 Painting signs, etc., on 324 89 Ferries, toll bridges, etc 879 212-213 Filth, removal of 694-699 168-169 ( 102-114 37-39 Fines, in Corporation Court \ 118 40 ( 129 41 Generally 327-328 90 Mayor, with Council, may remit 405 115 Marshal to collect . 421 118 Fire, in case of 251 68 Extinguisli signal 249 68 Fire Commissioners, Board of 206-208 61 Recorder of 217 64 Petition to build in fire limits 260 70 To supervise oil tanks, etc 286 79 Fire Department 187-253 «0-69 Officers of 198 60 General rules 243-251 68 Organization 197-222 60-65 Foreiman 230-234 66-67 Admission of companies to 208-210 61-62 Suspension of companies . . . ; 211 62 Purchases for 749 180 Drivers of 235-239 67 Fire limits 223 65 Building and supplies in 254-262 69-71 Firemen, cemetery lot 252 68 Uniform 253 69 ^ , . i 211 62 Funerals of ^ 234 67 To report interference with hydrants 243 68 Fire, making and carrying 270-271 72-73 Protection against 197-287 60-79 In theaters, etc 274-284 73-77 R^ulations 224-229 65-66 Drivers 235-239 67 „ S 238 67 Ho»« '■ I 240-242 67 3 263-273 71-73 Fireworks -1 -^g jyg TiBCtA year 59 28 \ 174 65 Fish, catch of regulated -J '>88-'^89 80 Index. 359 Article. Page. Flues 263-273 71-73 Food, pure 658-661 162 Foreman of Fire Department 230-234 66-67 Foreman, street 813-816 194 Fortuneteller, occupation tax 1045 §41 252 Funerals, of Firemen < ^oa ffj G. Gaming prohibited 290-297 81-82 Gas Works franchise ; 317 Gas and lighting 298-303 83-84 Gas pipes etc -I ^^^ ^^^ *^ uas pipes, etc -^ ^^^ ^^^ Goats and sheep 7 12 Gong, on street railroads 788-789 186-187 On fire wagons, etc 237 67 Grades 820-821 195-196 Building to conform to that of streets 55 26 Council to establish 166-167 48-49 Engineer to fix 767 184 ( 81 33 Graves ^ 84 34 ( 88-92 35 In firemen lot 252 68 Grazing, etc., on streets, etc., prohilbited 867 205 Guns, air (see ''Toy Pistols"). Gulf Refining Co 349 Gutters 840-841 200 H. Hacks, public 304-317 85-87 Hides, etc 685 167 Hitching of teams, etc \ ^J^^ ^86 Hobby horse, occupation tax 1045 §12 248 Hogs, reulating keeping of 34 13 Preventing cruelty to 5-6 12 Offensive pens 682 166 Hose, fire 238 67 Hospitals, City 721-738 173-176 City Physician shall superintend 481 128 Houses, numbering of 846-850 202 Houston & Texas Central Railroad Co 282-297 fee dealers (wholesale) occupation tax 1045 §33 251 Impersonation of officers 308 109 Improvement of streets, etc 805-823 193-196 Inspection of buildings 56 26 Inspector, Sanitary 650-657 160-161 Of Plumbing (see "Plumbing"). Installation of officers 376-379 109 Of Fire DeiJartment 198 60 Insurance agents, occupation tax 1045 §23 250 Adjusters, occupation tax 1045 §40 252 360 Index. Article. Page, Interfering with Officer in Discharge of Duty — In impounding, etc., of animals 15 14 In impounding, etc., of dogs , 33 17 Generally 380 109 Marshal 427 11» City Pliysician 485 129 City Physician, amallpox 719 173 International & Great Northern Railroad Co 298-302 J. Jackass, serving in open lot 19 16 Journal of Council 148-149 45 May be published 181 56 "Yeas" and "nays" entered on* when 567 143 Judges of election, appointment of 187-190 57-58 Certificate of 377 109 Jury in Corporation Court 123-127 40 Kites, flying on streets, etc., prohibited 863 205 Knife rack, etc., occupation tax 1045 §8 248 L. Lemp, W. J., right of way 349 Lightning rod dealers, occupation tax 1045 §24 250 T- ... \ 298-303 83-84 ^'S^^'^'S ] 1098 264-273 I/ights — On automobiles 44-45 21-22 In theaters, etc 280 76-77 On material in street 914 216 On bicycles 926 218 Regulating 1098 264-273 Electric, regulating 1098 264-273 Limitation 1020 240 Liquor dealers' occupation tax 1045 §1 247 Liquor dealers 791 188 Lists and listing or assessing of taxes 963-995 226-255 Council to regulate mode of 159 47 Lone Star Ice Co 331-333 Lumber yard, etc 259 70 M. Malicious mischierf 318-324 88-89 Maps and plats of additions to City 1-4 11 Filing of -with Assessor and Collector 1-4 11 Of cemetery 69 31 Sextons 79-80 33 -- . . , ( 170 §2 . 50 Market place j 935-938 219 Marriages, Mayor may solemnize 412 110 Marshal, the City '. 414-433 116-120 Duties in Corporation Court 102-141 37-44 To establish pound 8 13 To establish dog pound 26 16 Index. 361 Article. To remove unsafe buildings, etc 58 To take appearance bond to Corporation Court 128 1 227 To guard against fire J .^-t, „y„ To remove buildings, etc 262 To inspect theaters, etc 281 Office estaJblished 371 Shall call City Physician 477-480 See "Public Health." Matron of Hospital -t - Jl Mayor, .the City 397-413 To protect against mad dogs ■ ■ ■ ] qo r 69 To make deed to cemetery lots -s „„ To appr&ve Ibond of sexton 76 Discretion in burial of paupers 86 With Council may remit fines 114 Constitutes, with Aldermen, City Council 142 Death or resignation of 152 To preside at Council, etc 156-157 To order new election 184 To 'preside in contests 194 Contest for office of 194-196 To commission Fire Department officers 209 To swear in fire police 218 !227 272-273 To examine into cause of fire 228 May authorise fireworks, etc 267 May require reports 383 To inspect theaters, etc 276 Issuing warrants 343 To invest money in sinking fund 331 To sign City bonds 335 (2) ( 337 As 'to refunding bonds < 338 ( 343 As to sale of refunding bonds 348 • To call installation session of Council 376 Office established 373 ( 172 Vacancy in office of < 185 ( 394 Ex-officio a member of Water, Light and Power Com- missioners 501 To try violation of ordinances ■} _„^ ^ } 585 Member of Board of Health 648 Measures, weights and 1113-1114 Meat, display on sidewalks prohibited 879-882 Healthful 660 Medicine shows, occupation tax 1045 §37 Merchant, bankrupt, occupation tax 1045 §2 Minor, sale of liquor to 794 Misdemeanors 325-328 Missouri, Kansas & Texas Railr'oad Co. of Texas Money and funds 329-333 From sale of impounded stock '. 10 From sale of cemetery lots 69 Page. 27 41 65-66 73 70-71 77 108 127-128 175 176 113-116 15 17 31 32 32 34 39 45 46 46-47 57 58 58-59 61-62 64 65-66 73 66 72 110 75 100-101 91 92 93-96 97 100-101 102 109 108 55 57 113 131 116 145 160 277 210 162 251 247 189 90 302 91-92 13-14 31 362 Index. Article. Page. From fines in Corporation Court 104 37 City Council have care, etc 160 47 Council may raise on credit of City 161 47 Received and axpended, statement of to be published. . . 178 56 Paid out only on warrants 360 105 Spent by Mayor only with consent of Council 406-407 115 •^faJ^or may spend to bury paupers 408 115 Pav-ment out 409 115 Collected by Marshal 422 118 Treasurer to keep all of City 469 126 For taxation 956 223 Assessor to pay Treasurer and report 1017-1018 239 Not to be paid to person in arrears 1019 240 ■ Bonds and' warrants of City 329-366 91-106 Money brokers, occupation tax 1045 §29 245 Monuments, etc., mutilation of 93 35 Morality, ■public safety and 740-747 178-179 Museums, wax works, etc., occupation tax < 104'? 520 Z'lO 1 ^18 88 Mutilation of buildings, trees, etc j -oj. ^.q N. Naked, etc., in public places 746-747 179 Naming streets 842-845 200-202 In addition? to City 1-4 11 Negroes, separate compartments for 778-787 185-186 Netter, S., et al., right of way to 350 New trials 133 42 Notice, of animals impounded 8 13 To kill dog 32 17 To remove unsafe buildings 56-58 26-27 Of excltieion of dogs from cemetery to be 'posted 99 36 Of special meetings of Council 155 46 Of election? 190 58 In contests of elections 191 58 Of fire elections 200 » 61 Of tax elections 334 92 ( 338 98 Of bonds drawn for redemption \ 2^2 in3 To Plumbing Inspector 641 103 In removal and suspension proceedings 387 111 In trials 'before Council 388 111 From Board of Equalization 1006 236-237 Of appeal 1009 237-238 Of date of county fair, filing of 1079 258 Nuisances 367-371 107 Unsafe buildings 58 27 Council to define, etc 170 §4 50 Abating of 652-655 160-161 Defined 254 161 Stagnant water 670-673 164 Business injurious to health 683-686 166-167 Body of dead animals 688 167 See* "Public Health." Numbers — To be placed on automobiles 44-45 21-22 On hacks 305 85 On houses, mutilation . . .' 318 88 Scheme of on houses 846-850 202 Index. 363 0. Article. Page. Oaths of office, ilayor may administer 412 116 Obstructions on streets 901-91'i 214-216 Occupation tax 1045-1064 247-255 Of auctioneers 41 20 Of bill posters 46-47 23 Council has power to levy 165 48 Assessor's duty as to 458 123 Office, dual holding prohibited 550 139-140 Officers of City 371-563 108-141 Ciih i 372 108 ^^'^^^ I 519-549 135-139 Their qualification and election 371-375 108-109 Installation of 376-379 109 Receipt of property by 381-382 110 Reports of 383 110 Absence from City 384 110 Resignation of 385 110 Removal and susipension of 386-396 111-113 Impersonation of 380 109-1 10 Interest in City contracts prohibited 550 139-140 Salaries of 551-563 140-141 T?i«.„f;^^ f i 182-190 57-58 ^^""^^^'^ ^^ ] 371-375 108-109 Shall not deal in city warrants, etc 364 106 Mayor has general control of 397 113 Mayor to see that they legally qualify 401 114 Officers of Fire Department 198-199 60 Official bonds 564-565 142 Of Sexton 76 32 See "Officers of City." Oil, etc., keeping of regulated 269 72 Use of crude, etc., regulated 285-287 78-79 Opening and changing of streets 851-856 202-203 Opening, etc., on streets 915-917 216 Ordinances of the Cit. j J^lJJ" ^ «j« Appropriating money, increasing tax, etc 149 45 To be enacted, etc., by Council 160 47 Not to conflict with State lajws 171 55 Council may pass such as necessary to carry out its powers 174 55 Mayor to sign 398 114 Mayor to try violations of 413 116 Clerk to have custody of 437 120 City Attorney to draw 448 121 P. Paper, loose, etc 918 217 Park, Pease '588-592 146-147 Strip on East Avenue 877 209 Parks, City 586-587 146 Building on ■ 593-595 147 Passengers alighting protected 765-766 183 Separate compartments for 778-787 185-186 Patent medicine dealers, occupation tax 1045 §3 248 Paupers, burial of 86 34 Mayor may spend money to remove 407 115 Hospital treatment 722 173 364 Index. Article. Page. Pavincr street i 824-839 196-200 Paving street j g^g ^^^ ^^^^^^ Pawnbrokers 596-599 148 Occupation tax 1045 §26 250 Payments for City purchases 754-757 181 Of taxes 1010-1018 238-240 Peddler, occupation tax j \^f. |^^ |^^ Penalties i ^^^ ^^ ^^^^^'^ \ 1021 240 Penalties and tax sales 1021-1044 240-247 Permit to Ibuild 50-55 25-26 To bury animals 36 18 To bury persons (death certificate) 82 34 To disinter 89-90 35 To build in fire limits 260 70 Plumbing 620 153 To remove dirt, etc.^ from streets 822 196 Public performances 1068-1080 256-258 For Aviring 1103-1112 275-276 Pest house 717-720 172-173 Petroleum, crude, use of regulated 285-287 78-79 Phonograph performances, occupation tax 1045 §34 251 Physician, the City '. 478-487 127-129 Office established, 371 108 Ex officio member of Plumbing Board 600 149 Member of Board of Health 648 160 Burial of dead animals 699 169 As to pestilential diseases 708-716 171-172 In smallpox 717-720 172-173 As to hospitals 721-738 173-176 Resident at hospital 734 175 See "Public Health.'' Physician, traveling, occupation tax 1045 §6 248 Picture shows, etc., occupation tax 1045 §35-36 251 Pigeons 700-701 169 Piping and drainage 607-645 150-159 Pi-pes, laying of 1092-1097 263-264 Plats (see "Maps and Plats of Additions to City"). Engineer to follow those in Land Office 496 130 Plunubing 600-645 149-158 Examining and Supervising Board of 600-606 149-150 Regulated 607-645 150-158 Poison 661 162 Police force 520-549 135-139 Marshal ex-officio chief of 416-418 116-117 Marshal to prescribe rules for 417 117 Policemen — Poundmaster has powers of 9 13 Sexton is ex-officio 76 32 Council to provide and fix compensation of . . 179 56 Fire 217-219 63-64 Salaries of 524 136 Shall call City Physician in emergency 479-480 127-128 To demand occupation tax 1048 254 Park 589 146 218 64 520-549 135-139 Pools on horse races, occuipation tax 1045 §10 248 ^ - 324 89 918-924 217 Special '. j Posters and signs . \ Indsx. 365 Article. Page. Postal Telegraph Cable Co 327 Pound 8 13 Relating to 9-16 13-15 Dog : . 26 16 Poundmaster ; 9 13 Powder, keeping of regulated 269 72 (■ 152 46 President of Council \ 194 58 i 389 111-112 To preside^ etc., in albsence of Mayor 411 115-116 Premises, unclean 680-693 166-168 Printing, City 646 159 ( 429-433 119 Privies, etc ■] 689-690 167-168 ( 694-699 168-169 Of schools 702-707 170 Property of City, receipt for 381-382 110 Council has management of 160 47 Fire apparatus, etc 221-222 64-65 Return of 382 110 Record of to be kept 443 121 Property subject to taxation 953-960 222-225 Public and private schools, sanitary regulation of 702-707 170 Public amusement, places of, protection against fire 274-284 73-77 Regulating places of 1066-1077 256-258 Public health 647-739 160-176 Board of 647-649 160 Council to protect 170 §2,3,5,6 50 'City Physician to see all ordinances relative to are en- forced 482-483 128 Public performances 1066-1077 256-258 Public place 739 177 Playing cards, etc., in 290-292 81-82 Naked, etc., in 746-747 179 Alleys are 868 205 Public safety and morality 740-747 178-179 Public vehicles ". 304-317 85-87 Purchases of City 748-757 180-181 Payment for 754-757 181 For Fire Department < „.„ ^„ Q. Qualification of officers 373-377 108-109 Of Recorder 136 43 n +• S 170 §1 49 Quarantme ]^ ^^3 ^^8 Quorum, of City Council j' , _. _ R Railroads 758-766 182-183 Movement of cars 758-762 182 Trespassing on cars of prohibited 763-764 182-183 Alighting, passengers of protected 765-766 183 Separate compartments 778-787 185-186 Gong or bell on 788-789 186-187 Electric wiring 1099 273-275 366 Index. Article. Page. Property of ±o be taxed | If^ f^ To give sworn list of property 982-983 232 Railways, street " 7G7-789 184-187 To stop at fire signal 250 68 To pass ipolicemen 545 138 Spitting on prohibited 367 107 Pave track 825 196-197 Wiring 1099 273-275 Recorder, the City 102-141 37-44 As to mad dogs 32 17 To preside over Corporation Court 102 37 To be elected by voters of city -! ,„^ .„ To require attendance of officers on court J ,,„ ".„ May punish for contempt -j ,.20 41 To keep docket governed by State laws 118 40 On failure of city officials in duty. 131 42 As to bail bond 132 42 Continuance and trial of cases 133 42 Duty in appeals 134 42-43 As to dismissals 135 43 Qualification of 136 43 Absence of 137 43 Vacancy in office of 137 43 I 124-125 41 Jurisdiction and powers of i. too i^n 4^ 44 Supervision of 141 44 To transfer cases 122 40 To guard against fire 227 65-66 To examine into cause of fire 228 66 Duty to suDipress gamiog 297 82 See "Public' Health." I 199 6a Recorder of Fire Department \ 206 61 ( 217-219 63-64 Records, Pound 13 14 Of dogs registered 24 16 Marshal's, of animals impounded, etc 13 14 Of auctioneers 40 20 Automobile 44-45 21-22 Of cemetery lots, etc 69 31 Sexton's, of burials 79 33 Register of Fire Deparbment 217 63 Of ordinances '. 437 120 Certified copies of 442 120 Of property of 'City 443 121 To be kept by Assessor ajad Collector 461-462 124-125 Of City Engineer 491 129 Of pawnbrokers 596-599 148 Sanitary 671 164 Assessor's, of sales of real estate 1039 24R Occupation tax 1046 252 Transfer of occupation tax 1050 253 Of pipes laid, etc ' 1097 263 Redemption from tax sales 1041-1043 245-246 Refunding bonds 338-359 96-105 Index. 367 Article. Page. Registration, dog 22-24 15-16 Of automoibiles 44-45 21-22 Of interments 80 34 Of Fire Department oflicers 217 63-64 Of refunding bonds 338-359 96-105 Removal and suspension of officers 386-396 111-113 Of Sexton 77-78 32 Of Recorder 141 44 Of Aldermen 147 45 Mayor's appointment, pending action for 410 115 Of Assessor and Collector 452 122-123 Of City Marshal 435 137 Of police 548-549 139 Removal of filth 694-699 168-169 Removing dirt from street 822 196 Repeal and araendiments < ^^^ -„„ . . . Reports of officers \ ^H J J^ Of dogs impounded, etc 29 IT Of 'Sexton of interments 86 34 Of Corporation Court Clerk 102 37 Of Fire Department 211-212 62-63 On expiration of term, etc 383 110 Mayor may require 397 113 Of Mayor as to condition of City 402 U4-115 Of Marshal '] ^^J {^ Of Clerk 441 120 Of assessor of scholastic census 460 124 ( 469-470 • 126-127 Of Treasurer \ 473 127 ( 476 127 r\t rifxr m ■ • \ 484 128-129 Of City Physician j ^^^ ^29 Of Engineer 500 130-131 Of Water, Light and Power Commissioners 501-511 131-134 Of Sanitary Inspector 656 161 Of Hospital Trustees 733 175 Of assessors of sales of real estate 1040 245 • Of Assessor . 1018 239 Report of moneys received and expended to be published yearly 333 92 Resignation of officers 385 110 Running at Large — Animals 7-21 12-15 Dogs 26-33 16-18 s. Safety, public, and morality 740-747 178-179 Salaries of officials 551-563 140-141 Of Poundmaster \ _,.,, , .„ , ., / 5b2 140-141 Of Dog Catcher 25 16 Of Assistant Dog Catcher 25 16 Of Assistant Sanitary Inspector 38 19 Of the City Recorder 102 37 Of Deputy 'city Attorney 1 08 38 On abolish or discharge 169 49 368 Index. Article. Of assistant to Assessor and Collector 455 Of City Physician 487 Of Engineer 499 Of Water, Light and Power Commissioners 501 Of Dolicomen and Sergeant of Police 524 Of Mayor, Marshal, Clerk, Attorney, Assessor and Col- lector and his assistant. Treasurer, Physician and Aldermen 551-559 Of drivers of sanitary carts 560 Of fire drivers 561 Of Bridge Keeper, Sexton, Sanitary Inspector, Matron of Hospital, Porter of City Hall 562-563 Of Sexton 85 Of park police 589 Of members of Plumbing Board 603 Of Plumbing Inspector 606 Of Board of Health 649 Of Resident Physician at Hospital \ i^ Of Matron of Hospital 737 Of Street Foreman 816 Of Board of Equalization 998 Sales of impounded animals 8 For taxes 162-163 Of impounded dogs 28 Auction 40-43 Of birds prohibited 49 Of cemetery lots j ^^'^^ Tax and penalties 1021-1044 Saloons 790-798 No election to be held in 188 Card playing, etc., in 290-292 Theaters, etc., not to exhibit in 1068 Sanitary Inspector 650-657 For clean water supply 662-669 Sanitary Inspector, Assistant 37-38 Sergeant of Police (see "Policemen"). Duties of prescribed i 520-549 Appointed by Marshal 523 Oath of 531 In charge of police force, when 532 School tax 1065 Privies, etc 429-433 Sanitary r^ulation of, public and private 702-707 Seal of City- Mayor to keep, etc 399 Clerk to have custody of 438 Of Water, Light and Power Commission 506 Sei>arate compartments on railroads 778-787 Sewer, Street and. Commissioners 801-804 Sowers — Council to put in, etc 166-107 Connecting with (see "Plumbing"). Sewera^ system, franchise to Brush et al. for Sewerage system, franchise to Lewis Mercer et al. for Sewerage for State Sewing machine agents, occupation tax 1045 §27 123 129 130 131 136 140 140 140 140-141 34 146 149 150 160 175 176 176 194 235 13 48 16-17 20 24 31-32 33 241-247 188-190 57 81 256 160-161 163-164 19 117 135-139 136 137 137 255 119 170 114 120 133 185-186 192-193 48-49 336 339-342 338 250 Index. 369 Article. Page. Sexton, the City 76-87 32-34 To post dog exclusion notice 98-99 36 Sheep, goats and 7 12 Shooting gallery 744 178-179 Occupation tax 1045 §7 248 Sidewalks, streets, bridges and thoroughfares 799-942 191-219 Sidewalks 872-887 206-212 Building of regulated 872-878 206-210 Display of meat on prohibited 879-882 210 Use of regulated 883-884 210-211 Bicycles, riding on 925-927 217-218 Awnings on 885-887 211-212 Spitting on 367 107 Council to fix and determine nature 166-167 48-49 Elevated, privilege to Nelson Davis 348 Signs 899 213 Posters and ] ^^^^ ^H On sidewalks, etc 883 210-211 Skating rink, occupation tax 1045 §30 251 Slaughter houses, etc 170 §3 50 Sleeping on streets, etc., prohibited 898 213 Sleight of hand performances, occupation tax 1045 §18 250 Sleight of hand 1066-1080 256-258 Slops, etc., moving 697 169 Smallpox 717-720 172-173 Southwestern Telegraph and Telephone Co 319-326 Special meeting of Council 154-155 46 Special police 525-549 136-139 Speed — Of automobiles 44-45 21-22 In cemetery 94 35 To and return from fires 236 67 Of trains, etc 758-762 182 Of driving on streets ; 860-862 204 On bridges 889 212 Spitting on sidewalks, etc., prohibited 367 107 Stagnant water 662-673 162-165 Staking and grazing on streets prohibited 867 205 In cemetery 97 36 Stallion, serving in open lot 19 15 Standard time 63 29 Statement of annual receipts and expenditures to be pub- lished 333 92 State sewer 338 Steam laundry, occupation tax 1045 §2 251 Stones, throwing or shooting, etc. 318 88 Street and Sewer Commissioners 801-804 192-193 Council to appoint 168 49 Street Foreman 813-816 194 Paving 824-839 196-200 Streets and alleys 842-871 200-206 Alignments of 55 26 Named and designated 842-845 200-202 Of additions to City, naming of 1-4 11 Opening and changing 851-856 202-203 Driving on regulated ] 857-862 204 Kite flying, etc., prohibited 863 205 Playing ball, etc., on prohibited 864-866 205 Staking and gracing on prohibited 867 205 370 Index. Article. Page. Driving droves of animals on ; 18 16 Of cemetery 65-67 30-31 Names of mutilated '. 318 88 Streets, sidewalks, bridges and thoroughfares 799-942 191-210 Improvement of and work on 805-823 183-196 General supervision of work on 812 104 Funds for work on 807-81 1 193-194 Sleeping on prohibited 898 213 Obstructions 901-914 214-216 Openings on 915-917 216 Posters, signs, etc., on 918-924 217 Bicycle riding on 925-927 217-218 Renioving dirt from 822 196 Passage of free, police to keep 542 138 Telegraph poles, etc., on 870-871 206 Use of with animals regulated 900 213 Grades of 820-821 195-196 Digging in regulated 822-823 196 Digging for gas pipes 299 83 Of additions to city 1-4 11 Hitching mi, etc 20 15 Council has exclusive control and regulation of ] -„„ jg. Engineer to have general control of ] a^o -.qa Digging in for sewer, etc 626-633 155-156 ■ Trash, etc., not to be discharged into 674-679 165-166 Railwav tracks to conform to jjrade of 767-777 184-185 Vending on prohibited 928-942 218-219 Use of with animals regulated 900 213 Staking and gracing on prohibited 867 205 Simday, observation of regulated 843-852 220-221 Suspension and removal of officers 386-396 lir-113 Of Sexton 77-78 32 Of Recorder 141 44 Of Aldermen 147 45 Appointee to interval 410 115 Of police 548-549 139 T. Tax- Amount and purpose 961-962 225-226 I 963-995 226-235 Lists and listing or assessing -j jgg 47 I 165 48 Occupation ] 1045-1064 247-255 School 1065 255 Taxation 953-1065 222-255 Property subject to 953-960 Taxes, payment of 1010-1018 Sales for and penalties 1021-1044 222-224 238-240 240-247 458 123 Delinquent j 1019-1020 240 47-48 48 Power to levy and collect in Council 159-165 Seizure and sale for. Council to provide for 162-164 Irrepealable after levy and collection 164 48 Increasing ^^^ '*^ Teams, City 817-819 Telegraph poles 870-871 Regulating 1110-1111 Signs, etc., on 922-924 194-195 206 276 217 Index. 371 Article. Page. Telephone company, franchise to J. B. Earl et al 329 Tenpin alley, etc.^ occupation tax 1045 §11 248 Theaters, circuses, public 'balls and public dance houses. . .1066-1080 256-258 Protection against fire 274-284 73-77 Exhibition of during fair prohibited 1078-1080 258 Occupation tax 1045 §14 248 Ticket brokers, occupation tax 1045 §42 252 Thoroughfares, streets, bridges, alleys, etc 868-869 205-206 Time, standard ' 63 29 Toll bridges and ferries \ 897 212 Toy pistols, etc 743 178 Trash \ ^^^-^^'^ 1^^"!^^ -^^^^^ I 920-921 217 •Treasurer, the City 465-477 125-127 As to sinking fund, etc 330 91 As to refunding bonds 337 93-96 As to sale of refunding bonds 348 102 Election of 374 108 To register warrants 363 105-106 To pay warrants 366 106 Office estaJblished 371 108 Keep paving fund accounts 811 194 Trespassing on trains prohibited 763-764 182-183 On private premises at night 745 179 On theater stairs 279 76 TJ. TT 1 • \ 370 107 Unclean premises -^ gg^ ^^3 jgg_jgg Uniforms, firemen 253 69 Police « 546 138-139 Union Depot 279-280 United States government sewer 334-336 V. Vacancies in office 393-396 113 Of Recorder 137 43 r 172 55 Of Mayor and Aldermen } 184 57 I 195 58-59 Of Fire Department 198 60 ( 144 45 Of Aldermen •] 184 57 ( 515-516 135 In Plumbing Board 601 149 Vacant lots, brush, etc., on 369-370 107 Vagrants, who are 1081 259 Va™. -vi„g I 304.31; ^%>^l Vehicles, public 304-317 85-87 Vending on streets, etc 928-942 218-219 Veto 570-574 143-144 w. Wages, City ' 60-62 28 Wagons 304-317 85-87 Yard, occupation tax 1045 §22 250 372 Index. Article. Page. Wards 1083-1090 260-262 Warrants (City) 360-366 105-106 Mayor to sign 398 114 Registered pays taxes , 1013 239 Not to be delivered to persons in arrears 1054 254 Water, stagnant, etc 662-673 162-165 Regulating 1091-1097 263-264 Not to be used during fire 249 68 See "Public Health." Water and Light plant 1091-1113 263-276 Sale of inhibited -j „,„ i no Under control of Water, Light and Power Commission. . 502-510 131-134 Water, Light and Power Commissionj the City 501-511 131-134 Office established ' 371 108 ITo keep record of pipe laying, etc , 1097 263-264 Treasurer of 467 126. Water, Light and Power Plant, 'purchase of 344 Water plugs, etc 320-322 88-89 Weeds, etc., on vacant lots 369-370 107 W^eights and measures 1113-1114 277 Wells, etc 741 17& Western Union Telegraph Co 318 W^hites, separate compartments for 778-787 185-186. Wiring, electric railroads 1099 273-275 Generally . . 1100-1112 275-276. For lights 1098 264-27a m. 2971ia UNIVERSITY OF CALIFORNIA IvIBRARY