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A GOOD 
 BUSINESS GOVERNMENT 
 
 CHARTER 
 
 FOR 
 
 1913 HICKORY 1913 
 
 WILL MEAN MANY HAPPY 
 NEW YEARS 
 
 FOR 
 
 THE CITY THAT "DOES THINGS" 
 
 Clay Printing Co. 
 
INDEX TO SUBJECTS 
 
 NAME AND RIGHTS 
 Boundry and Ward Divisions ..--..-.3 
 
 ELECTIONS AND ELECTIVE OFFICERS 
 Number of elective oflRcers. Date of election - - - - - - 4 
 
 Primary election and iiow conducted - - - - - - 4toll 
 
 RECALL OF ELECTIVE OFFICERS 
 25 per cent required to ask for recall - - - - - - -11 
 
 Officers sought to be removed may be a candidate - - " - - 12 
 
 Officers must serve 3 months before subject to recall - . - - 13 
 
 Only one special election allowed in six months ----- 13 
 
 THE CITY COUNCIL 
 A Mayor and four Aldermen. No two Aldermen shall reside in same ward. Each mem- 
 ber shall receive $1.00 per meeting:, but not more than $60 each for any one year. 
 Shall meet on Tuesday of each and every week - - - - 13 
 
 A record of every meetinj? shall be kept, and any citizen may have access to the minutes 14 
 
 Any three citizens may present a motion at any regular meeting, and Council must act 
 
 on motion inside of 15 days - - - - - - - -14 
 
 To declare forfeited franchises where conditions upon which they have been granted 
 have been broken ------- .-ig 
 
 Regulating City Attorney's salary ------- 17 
 
 THE MAYOR 
 Duties of ----------- 18 
 
 THE CITY MANAGER 
 Shall give bond. Term of office at pleasure of City Council - - - 18 
 
 Powers and duties. Subject to control of City Council - - - - 19 
 
 FRANCHISES 
 Must be advertised ------.._ 20 
 
 Must be free and open competition ------- 2I 
 
 Awarded to those offering highest percentage of gross annual receipts - 21 
 
 Maximum length of time, 35 years -----.. 22 
 
 City reserves right to regulate rates -------23 
 
 Franchise cannot be leased or assigned without consent of City - - 24 
 
 City shall have right to examine books of public service corporations - - 24 
 
 STREETS AND STREET DEPARTMENT 
 Regulating the laying out of new streets ---.-_ 26 
 
 Street improvement district and how secured ----- 26-7 
 
 City shall pay one-third the cost of grading, curbing and pavin^y and one-half the cost 
 
 of grading, curbing, paving and permanently improving sidewalks - 27 
 
 Street improvement district may be secured through 10-year bond issue - 26 to 33 
 
 In condemnation of land for street purpose, owner selects one viewer, Council selects 
 
 one, and these two select a third - - - . _ - 33 
 
 POLICE POWERS AND POUCE DEPARTMENT 
 
 Powers defined - - - - - - - - - 34 to 38 
 
 Chief of Police shall be responsible for discipline and efficiency of police force - 38 
 
 City Manager may suspend any officer until grounds of such suspension can be inquired 
 
 into by City Council ------__ 33 
 
 Chief of Police and other officers shall receive a regular salary, and no other 
 
 compensation ------_-. 39 
 
 HEALTH AND HEALTH DEPARTMENT 
 Powers and duties - - - - - - - - -39 to 42 
 
 City Physician's powers and duties - - - - - - 42 to 43 
 
 FIRES AND FIRE DEPARTMENT 
 Chief of Fire Department and his duties - - - - - 43 to 44 
 
 WATER WORKS AND SEWERAGE DEPARTMENT 
 City Manager shall be executive head - - - - - - -44 
 
 Sinking fund shall be created to pay water bonds upon maturity - - 45 
 
 City Physician shall inspect water-shed ---«.. 4 
 
 270127 
 
FINANCE AND TAXATION 
 
 No contract shall be made until sufficient appropriation has been made therefor 46 
 
 All contracts $200 or over must be advertised and let through competitive bidding 46 
 
 City Manager shall be purchasing agent _-.-._ 47 
 
 Budget of estimate<l expenses for all departments required - - - 47 
 
 City Manager shall file with City Council on the 1st of every month an itemized report 
 
 of all moneys received and disbursed by any and all officers of the City during the 
 
 preceding month. Said report shall be published second week of each month in 
 
 Hickory newspaper - - - - - - - - -48 
 
 City Manager shall collect all taxes -------50 
 
 Tax collecting system _--..._-_ 51 
 
 City Council may levy annual tax on - - - - - - 52 to 56 
 
 City Council shall create sinking fund to provide for payment of bonded indebtedness 56 
 
 THE INITIATIVE 
 Citizens may introduce ordinance __.---- 56 
 
 An ordinance adopted by vote of people can only be repealed through vote of people 57 
 
 THE REFERENDUM 
 Citizens may ask that any ordinance passed by Council be referred to vote of people 58 
 Council may refer an ordinance to vote of people ----- 58 
 
 SCHOOLS 
 City Council shall control schools .-_---- 59 
 
 Superintendent of schools shall submit list of names from which Council shall select 
 
 teachers -- - - - - - - - - 60 
 
 Superintendent of schools shall have control over all teachers and janitors and school 
 
 property --__ ------60 
 
 Council shall appoint 3 persons to act as a Board of School Visitors - - 61 
 
 School funds must be kept exclusively for school purposes _ _ _ g2 
 
 MUNICIPAL COURT 
 Shall be a court of record ________ g2 
 
 City Treasurer shall keep separate record of all moneys received by him from Clerk 
 
 of Municipal Court -_-__-_- 65 
 
 Judge of Municipal Court shall be elected by City Council and shall receive a stated 
 
 salary not to exceed sixty dollars per month - - - - - 66 
 
 Clerk of Municipal Court shall keep a permanent docket for recording al processes 
 
 issued by Court ---------66 
 
Charter for City of Hickory 
 
 AN ACT TO APPEAL ITS PRESENT CHARTER AND 
 
 LAWS IN CONFLICT WITH THIS ACT, AND TO 
 
 INCORPORATE THE CITY OF HICKORY. 
 
 The General Assembly of North Carolina Do Enact: 
 
 ARTICLE I. 
 
 NAME AND RIGHTS. 
 
 Section 1. That the inhabitants within the territory 
 described in Section 3 of Article 1, shall continue, as they 
 have heretofore been, a body politic and corporate, under 
 the name and style of the "CITY OF HICKORY," and by 
 that name shall have perpetual succession, may sue and 
 be sued, may contract and be contracted with, may acquire 
 and hold such property, real and personal, as may be de- 
 vised, bequeathed, sold or in any manner conveyed to it, 
 and may invest, sell or dispose of same, and may have a 
 common seal and alter and renew the same at pleasure, 
 and may have and exercise all the powers, rights and priv- 
 ileges necessary for its proper government or usually ap- 
 pertaining to municipal corporations. 
 
 Sec. 2. That all property, real, personal and mixed, 
 of whatsoever character or description, and wheresoever 
 situate, now held, controlled or used by the City of Hick- 
 ory for any purpose, or which may hereafter be held, con- 
 trolled or used by said city, or which may have been vest- 
 ed in said city by virtue of any law of the State of North 
 Carolina, and any and all judgments, liens, rights of liens 
 and causes of action of any and all kinds in favor of said 
 City of Hickory, shall vest in and remain and inure to 
 said City of Hickory, its successors and assigns, and the 
 passage and ratification of this charter shall not release 
 the City from any liabilities that now exist against said 
 municipality. 
 
 Sec. 3. That the corporate limits of said city shall 
 include all the territory situate w'thin one mile of the 
 center of the public square of said city, and in addition 
 thereto shall include that property known as Lenoir 
 Collge grounds and campus and all buildings thereon, and 
 the dwellings of N. G. Deal and L. S. Whitener, mentioned 
 in Chapter 97 of the Private Laws of North Carolina, 
 Session 1899. 
 
 Sec. 4. The part of the City of Hickory lying north 
 of the Southern Railway and east of a due north line from 
 
the center of what is known as the public square shall be 
 known as Ward Number One; that part lying south of 
 said railway and east of a due south line from the. center 
 of said square shall be known as Ward Number Two; that 
 part lying south of said railway and west of said due 
 south line shall be known as Ward Number Three; and 
 that part lying north of said railway and west of said due 
 north line shall be known as Ward Number Four. 
 
 ARTICLE 11. 
 ELECTIONS AND ELECTIVE OFFICERS. 
 
 Section 1. The general municipal election shall 
 take place annually on the first Monday in April, except 
 as otherwise herein provided; and the municipal year 
 shall begin at ten o'clock in the forenoon of the first Mon- 
 day in May, and shall continue until ten o'clock in the 
 forenoon of the first Monday of the following May. Every 
 special election shall be held on a Monday. 
 
 Sec. 2. On the last Monday in April, 1913, the qual- 
 ified registerrd voters of the City of Hickory shall elect a 
 Mayor and four Aldermen, no two Aldermen shall be resi- 
 dents of the same ward. The Mayor shall serve during a 
 term of one year. The two elected persons receiving at 
 said election the highest number of votes, and the second 
 highest number of votes, respectively, for Aldermen, 
 shall serve during a term of two years; the other two per- 
 sons elected Aldermen at said election shall serve during 
 a term of one year. 
 
 Sec. 3. On the first Monday of April of each year 
 after the year 1913, a Mayor and two Aldermen shall be 
 elected by the qualified registered voters of the City of 
 Hickory. The two Aldermen shall be, respectively, resi- 
 dents of the wards, as hereinbefore described, in which 
 their predecessors, respectively resided. The Mayor shall 
 serve during a term of one year and the Aldermen shall 
 serve during a term of two years. 
 
 Sec. 4. On the first Monday preceding every 
 general municipal or special municipal election at which 
 any officer mentioned in the preceding two sections is to 
 be elected, or at which any officer provided for in any 
 act in amendment of this charter is to be elected, there 
 shall be held a primary election for the purpose of nomi- 
 nating candidates for such offices. The notice calling for 
 said primary election shall be published at least thirty 
 days before the date of the municipal election. 
 
 Sec. 5. At every primary election the polls shall 
 be opened at sunrise and closed at sundown, and, except 
 
Bs otherwise provided in this charter, every such primary 
 election shall be called by the same officers and held in 
 the same manner as a general municipal election. Th^ 
 polling place shall be desigAated, provided and furnished, 
 and official ballots, ballot boxes, blank forms, apparatus 
 and supplies shall be provided for every such primary 
 election, of the same number and kind and in the same 
 manner and by the same officer or officers as at a general 
 municipal election. 
 
 Sec. 6. Except as is otherwise provided in this 
 charter there shall not be printed on the official ballots 
 to be used at any general or special municipal election 
 of said city the name of any person or candidate for 
 mayor or alderman, unless such person shall have been 
 nominated for such office at a primary election held as 
 provided in this charter. There shall not be printed on 
 the official ballots to be used at a primary election the 
 name of any person as a candidate, unless such person 
 shall have been nominated in accordance with the pro- 
 visions of this charter. 
 
 Sec. 7. The mode of nomination of all elective offi- 
 cers of the city to be voted for at any general or special 
 municipal election :shall be as follows and not otherwise : 
 
 (a) The name of a candidate shall be printed upon 
 ♦:he official ballots for the primary election when a petition 
 of nomination shall have been filed in his behalf in the 
 manner and form and under the conditions hereinafter 
 set forth. 
 
 (b) The petition of nomination shall consist of not 
 less than twenty-five individual certificates, which shall 
 read substantially as follows: 
 
 "PETITION FOR NOMINATION. 
 
 **I, the undersigned, certify that I do hereby join in 
 
 a petition for tHie nomination of for the 
 
 office of .of the City of Hickory, and do here- 
 by request that his name be printed upon the official 
 ballots to be used at the primary election to be held on 
 the Monday of , 191 . , . 
 
 "I further state that I believe him to be of good 
 moral character and qualified to perform the duties of the 
 office. 
 
 "I further certify that I am a qualified voter of the 
 City of Hickory, and am not at this time a signer of any 
 other petition nominating any other candidate for the 
 above named office, or, in case there are several places to 
 be filled in the above named office, that I have not signed 
 
more petitions than there are places to be filled in the 
 above named office. 
 
 ''My residence is at number , Street. 
 
 "Witness my signature, this the day of , 19. . 
 
 Witness 
 
 Petitionejr's Signature." 
 (c) It shall be the duty of the City Manager to fur- 
 nish upon application a reasonable number of forms of 
 individual certificates of the above character, at the ex- 
 pense of the city. 
 
 (a) Each certificate must be on separate paper; 
 must contain the name of one signer thereto and no more ; 
 shall contain the name of one candidate and no more ; and 
 all certificates must be of uniform size as determined by 
 the City Manager. Each signer must be a qualified voter, 
 must not at the time of signing a certificate have his name 
 signed to any other certificate for any other candidate 
 for the same office, or, in case there are several places to 
 be filled in the same office, signed to more certificates for 
 candidates than there are places to be filled in such office. 
 In case a voter has signed two or more conflicting certi- 
 ficates, all such certificates shall be rejected. All certi- 
 ficates must be signed by the individuals personally and 
 their signatures shall and must be witnessed by a quali- 
 fied voter of the City of Hickory. 
 
 (e) A petition of nomination, consisting of not less 
 than twenty-five individual certificates for any one can- 
 didate, may be presented to the City Manager not more 
 than twenty-five days nor later than ten days before 
 the primary election, except as otherwise herein provided. 
 The City Manager shall endorse thereon the date upon 
 which the petition was presented to him for filing. 
 
 (f) When a petition for nomination is presented 
 for filing to the City Manager, he shall forthwith examine 
 the same, and ascertain whether it conforms to the pro- 
 visions of this section. If found not to conform thereto, 
 he shall then and there in writing designate on said peti- 
 tion the defect or omission or reason why such petition 
 can not be filed, and shall return the petition to the person 
 who presented the same for filing. The petition may then 
 be amended and again presented to the City Manager as 
 in the first instance. Whereupon the City Manager shall 
 forthwith proceed to examine the petition as herembefore 
 provided. 
 
 (g) Any signer to a petition of nomination or a 
 
certificate may withdraw his name from the same by fil- 
 ing with the City Manager a verified revocation of his 
 signature before the filing by the City Manager, and not 
 otherwise. He shall then be at liberty to sign a petition 
 for another candidate for the same office, 
 
 (h) Any person whose name has been presented 
 under this section as a candidate may, not later than 
 ten days before the day of the primary election 
 cause his name to be withdrawn from nomination by filing 
 with the City Manager a request thereof in writing, and 
 no name so withdrawn shall be printed upon the ballot. 
 If upon such withdrawal the number of candidates does 
 not exceed the number to be elected to said office, then 
 other nominations may be made by filing petitions there- 
 for not later than seven days prior to such primary elec- 
 tion. 
 
 (i) If either the original or the amended petition 
 of nomination be found sufficiently signed as hereinbe- 
 fore provided, the City Manager shall file the same ten 
 days before the day of holding said primary election, 
 except as otherwise provided in the preceding sub-section. 
 
 (j) The City Manager shall preserve in his office 
 all petitions of nomination and all certificates belonging 
 thereto. 
 
 (k) When a petition of nomination shall have been 
 filed by the City Manager it shall not be withdrawn nor 
 added to and no signature shall be revoked thereafter. 
 
 Sec. 8. Immediately after such petitions are filed, 
 the City Manager shall enter the names of the candidates 
 in a list, with offices to be filled, and shall not later than 
 five days before the primary election certify as being the 
 list of candidates nominated as required by this charter, 
 and the City Council shall cause such certified list of 
 names and offices to be filled, designating whether for 
 a full term or unexpired term, to be published at least 
 three days before the primary election in one or more 
 issues of one or more papers published in the City of 
 Hickory. 
 
 Sec. 9. Thereupon the City Manager shall prepare 
 and cause to be printed the ballots to be used at such 
 primary election; and the ballots so prepared shall con- 
 tain the name of every candidate whose petition of nomi- 
 nation has been filed by the City Manager as aforesaid, 
 and the name of no other candidate shall be printed 
 thereon. At the top of each ballot shall be the words 
 "Official Primary Ballot" ; following this the names of the 
 
candidates for Mayor, arranged' alphabetically, sRalV then^ 
 be placed, with a square at the left of each name, and 
 inmiediately belaw the words ''Vote for One.'' Follow- 
 ing these names, likewise alphabetically arranged, shall 
 appear the names of the candidates for Alaerman from 
 Ward Number One, if any, with a square at the left of 
 each name, and below the names of such candidates shall 
 appear the words; "Vote For One;" following these 
 names like arrangement shall be made for the names of 
 eandi dates for Aldermen from Ward Number Two, from 
 Ward Number Three, and from Ward Number Four. 
 Like arrangement shall be made for the names 
 of candidates for each other elective office 
 that may be from time to time provided for by law. At 
 the bottom of each ballot shall be the words, 'Instructions to 
 voters: To vote, stamp or write a cross in the square 
 opposite the name of the candidate for whom you desire 
 to vote. All marks otherwise made are forbidden." All 
 ballots shall be authenticated with a facsimile of the sig- 
 nature of the City Manager ; and shall be precisely of the 
 same size, quality^ tint of paper, kind of type, and color 
 of ink; and the names of all candidates shall be printed 
 upon the ballots in the same color of ink and shall be in 
 type of the same size and style, and the ballots shall be 
 furnished at the expense of the city. 
 
 S^EC. 10. The qualifications for voting at a primary 
 election or at a municipal election shall be a four months 
 residence m the city of Hickory, and the qualificationp: 
 required of electors voting for members of the General 
 Assembly of North Carolina. 
 
 Sec. II. The election officers shall immediately upon 
 the closing of the polls at a primary election count the 
 ballots and ascertain the number of votes cast for each 
 person for nomination for the office for which he was a 
 candidate ; and they shall forthwith make returns thereof 
 to the City Council upon blank forms to be furnished to 
 them by the City Manager. 
 
 Sec. 12. The two persons receiving at a primary 
 election the highest number and second highest number 
 of votes, respectively, for Mayor, for Aldermen from the 
 same ward, or any other office, shall be candidates 
 whose names shall be printed on the official ballots to be 
 used at the general or special municipal election for 
 which such primary election was held ; except that in case 
 two or more persons receive the same number of votes, 
 and more votes than any other person for the same office, 
 
then said persons shall be the candidates as aforesaid 
 whose names shall be printed on said official ballots. If 
 in order to obtain the requisite number of candidates for 
 Mayor, for /^icerman from the same ward, or far any 
 other office, it becomes necessary to take one 
 of two or more persons having the same number of votes 
 for Mayor, for Aldermen from the same ward, or for 
 any other office, then the names of all the aforesaid 
 persons having the same number of votes for such office 
 shall be printed on the official ballots to be used at such 
 general or special municipal election, together with the 
 names of all persons, if any, receiving a higher number of 
 votes for such office, even though it makes the number 
 of candidates more than twice the number to be chosen 
 to such office. 
 
 Sec. 13. At the top of all ballots used at any gen- 
 eral or special municipal election shall be the words ''Offi- 
 cial Election Ballot", and the ballots used for the election 
 of officers shall conform in all other respects with the pro- 
 visions of section nine as modified by section twelve of 
 this article. 
 
 Sec. 14. The City Council shall appoint a registrar 
 and two judges at least thirty days before any general or 
 special municipal election. The names of the registrar 
 and judges of election shall appear in the notice calling 
 for the primary election preceding the general or special 
 municipal election. The registrar shall be furnished at 
 the expense of the city, with registration books, ballot 
 boxes, and such blank forms as are required by this char- 
 ter. It shall be his duty, after being qualified, to perform 
 the functions of his office, impartially and according to 
 law, and to open and to keep open registration books for 
 thirty days immediately preceding the day of election; 
 that is, the general or special municipal election. He may 
 require any person offering to register for any general, 
 special or primary municipal election to take and sub- 
 scribe an oath that he has resided in the State of North 
 Carolina two years, in Catawba County six months, and 
 in the City of Hickory four months, and that he is twenty- 
 one years of age. 
 
 Sec. 15. If any person willfully swear falsely in 
 taking the oath mentioned in the preceding section, he 
 shall be deemed guilty of a misdemeanor, and on con- 
 viction shall be sentenced to pay a fine not exceeding two 
 hundred dollars or be imprisoned not exceeding sixty 
 days. 
 
 9 
 
Sec. 16. That after being duly sworn by the Mayor 
 or a justice of the peace to conduct the election fairly, 
 impartially and according to law, the registrar and judges 
 of elections shall open the polls, receive and deposit the 
 ballots in the boxes provided for that purpose, administer 
 oaths, decide all challenges on the day of the primary, 
 general or special municipal election then being held, 
 superintend and conduct the primary or election in like 
 manner and during the same hours as elections for mem- 
 bers of the General Assembly of North Carolina are con- 
 ducted. 
 
 Sec. 17. The registrar and judges of elections shall, 
 immediately upon the closing of the polls, publicly count 
 the ballots and ascertain the number of votes cast for 
 each person for the office for which he was a candidate; 
 and they shall forthwith make returns thereof to the City 
 council upon the blank forms furnished by the City 
 Manager. 
 
 Sec. 18. At a general or special municipal election 
 the person receiving the highest number of votes for 
 Mayor, for Alderman from any one ward, or for any 
 other office shall be deemed and declared elected to such 
 office. If two or more persons receive the same 
 number of votes for Mayor, for Alderman from the same 
 ward, or for any other office, for which no person has been 
 elected, the persons rceiving an equal number of votes 
 shall decide by lot which one shall be deemed and declared 
 to be elected. 
 
 Sec. 19. If any judge or registrar shall fail to be 
 present on the day of election, his place shall be filled by 
 the Mayor at once, and if at any time the registrar is 
 temporarily unable to act as such, the Mayor may appoint 
 a temporary registrar to act for him after being duly 
 sworn, or if a vacancy should occur in said office, for any 
 reason, then the Mayor may appoint to fill the vacancy. 
 
 The registrar and judges of elections shall receive 
 for their services such compensation as shall be fixed by 
 the City Council ; but such compensation shall in no event 
 exceed that allowed by law for registrars and judges hold- 
 ing elections for members of the General Assembly of 
 North Carolina. 
 
 Sec. 20. If a person elected fails to qualify, the office 
 shall be ffiled as if there were a vacancy in such, as here- 
 inafter provided. 
 
 Sec. 21. No informalities in conducting municipal 
 elections in the City of Hickory shall invalidate the same, 
 if they have been conducted fairly and in substantial 
 
 10 
 
conformity to the requirements of this charter. 
 
 Sec. 22. That if the City Council shall fail to give 
 notice of an election as herein provided, to hold and de- 
 clare the same in like manner as herein prescribed, or if 
 any officer fails to fairly and impartially perform the 
 duties herein required to be performed by him, each of 
 them' as shall be in fault shall forfeit and pay, for the 
 equal benefit of the city and of him who shall sue there- 
 for, one hundred dollars. 
 
 Sec. 23. Any person who shall agree to perform any 
 services in the interest of any candidate for any office 
 provided for in this Charter, in consideration of any money 
 or other valuable thing, shall be guilty of a misdemeanor, 
 and upon conviction, shall be punished by a fine not ex- 
 ceeding three hundred dollars or be imprisoned in the 
 county jail not exceeding six months. 
 
 Sec. 24. Any person offering to give a bribe, either 
 in money or other consideration -to any voter for the pur- 
 pose of influencing his vote at any primary, general or 
 special municipal election provided for in this charter, 
 or any elector entitled to vote at any such election receiv- 
 ing and accepting such bribe or other consideration shall 
 be fined a sum not less than one hundred dollars, nor 
 more than five hundred, or be imprisoned in the county 
 jail not less than four months nor more than twelve 
 months. 
 
 Sec. 25. That all duties herein imposed upon the 
 Mayor, the City Council and the City Manager, with ref- 
 erence to primaries and municipal elections, shall prior to 
 the election and qualification of the Mayor, Aldermen and 
 City Manager in one thousand nine hundred and thirteen, 
 be performed by the Mayor, Board of Aldermen and the 
 City Clerk of the City of Hickory as now constituted. 
 ARTICLE III. 
 recall of elective officers. 
 
 Section 1. Every incumbent of an elective office, 
 whether elected by popular vote or appointed to fill a 
 vacancy, is subject to recall by the qualified registered 
 voters of the City. The procedure to effect such removal 
 shall be as provided in this article. 
 
 Sec. 2. A petition signed by twenty-five per cent of 
 the qualified registered voters of the City demanding an 
 election of a successor of the officer sought to be removed, 
 and stating in not more than two hundred words the 
 reason for demanding the recall of the officer, shall be 
 addressed to the City Council and presented to the City 
 
 11 
 
Manager. The petition may request such election to be 
 held at a special municipal election or at .the next general 
 municipal election. 
 
 Sec. 3. When a recall petition is presented to the 
 City Manager for filing, he shall forthwith examine the 
 same, and ascertain if it conforms to the provisions of this 
 article. If found not to conform thereto, he shall then 
 and there in writing designate on said petition the defect 
 or omission or reason why such petition can not be filed, 
 and shall return the petition to the person who presented 
 •the same for filing. The petition may then be amended 
 and again presented to the City Manager as in the first 
 instance. Whereupon the City Manager shall forthwith 
 proceed to examine the petition as hereinbefore provided. 
 If either the original or the amended recall petition be 
 found to conform to the provisions of this article, the City 
 Manager shall immediately file same and notify the officer 
 sought to be removed of said filing. 
 
 Sec. 4. If the officer sought to be removed shall not 
 resign within five days after the petition is filed by the 
 City Manager, and if the petition requests a special elec- 
 tion, the City Council shall cause a special election to be 
 held within forty-five days to determine whether the peo- 
 ple will recall said officer, or, if a general municipal elec- 
 tion is to occur within ninety days, the City Council may 
 in its discretion postpone the holding of such election to 
 such general municipal election. 
 
 Sec. 5. In the published call for the election shall 
 be printed in not mxore than two hundred words the 
 reason for demanding the recall of the officer as set forth 
 in the recall petition, together with such defence or 
 answer, not exceeding two hundred words, as the officer 
 may desire to make. 
 
 Sec. 6. The officer sought to be removed shall be 
 deemed a candidate and, unless he resigns, his name shall 
 be p'^'nted upon the official election ballots. The nomina- 
 tion of the other candidate and the election shall be in 
 accordance with the provisions contained in the article on 
 elections. If the officer sought to be removed is an Al- 
 derman, the other candidate shall reside in the ward of 
 which the officer sought to be removed is a resident. 
 
 Sec. 7. The officer sought to be removed shall, if he 
 does not resign, continue to perform the duties of his 
 office until the result of such election is declared. If he 
 fails of election, he shall be deemed removed from office, 
 and the successful candidate shall be duly inducted into 
 
 12 
 
office as his successor. 
 
 Sec. 8. No recall petition shall be filed against any 
 officer until he has actually held his office for at least 
 three months. 
 
 Sec. 9. No person who has been recalled from an 
 elective office, or who has resigned from such office after 
 a recall petition shall have been duly filed against him, 
 shall be appointed to any office within one year after such 
 recall or resignation. 
 
 Sec. 10. During any period of six months there 
 shall not be held more than one special municipal election. 
 
 Sec. 11. The City Council may by ordinance make 
 such further regulations as may be necessary to carry out 
 the provisions of this article. 
 
 ARTICLE IV. 
 THE CITY COUNCIL. 
 
 Section 1. The legislative and general regulative 
 powers of the City of Hickory shall be vested in a City 
 Council which shall be composed of the Mayor and four 
 Aldermen. 
 
 Sec. 2. The qualifications of the members of the 
 City Council shall be two years residence in the City of 
 Hickory and the qualifications required for members of 
 the more numerous house of the General Assemly of 
 North Carolina. The City Council shall he the judge of 
 the election and qualifications of its own members, sub- 
 ject to review by the courts. 
 
 Sec. 3. The members of the City Council, before 
 entering upon their duties, shall severallj^ take and sub- 
 scribe an oath before a justice of the peace to perform 
 faithfully the duties of their office. 
 
 Sec. 4. If a vacancy shall occur in the City Council 
 the remaining members shall elect a person to fill the 
 vacancy until the next general or special municipal elec- 
 tion, at which the vacancy shall be filled for the unexpired 
 term by the qualified re^istpred voters of the city. No 
 two Aldermen shall be residents of the same ward. 
 
 Sec. 5. Each member of the City Council shall re- 
 ceive one dollar per meeting as compensation for his 
 services, payable monthly: Provided, that no member 
 shall receive any amount in excess of sixty dollars during 
 any municipal year, except as is otherwise hereinafter 
 in this charter provided for a member who may perform 
 the duties of City Treasurer. 
 
 Sec. 6. The City Council shall hold regular meetings 
 on Tuesday of each and every week at some regular hour 
 
 13 
 
to be fixed by said council from time to time, and publicly 
 announced by it; and it may hold such adjourned and call- 
 ed meetings as may be necessary or convenient. 
 
 Sec. 7. Three members shall constitute a quorum to 
 transact business, but two members may adjourn from 
 day to day and compel the attendance of absent members. 
 Any three members may call a meeting. 
 
 All special or adjourned meetings at which any per- 
 son not a city officer is present and all regular meetings 
 shall be open to the public. Any citizen may have access, 
 during reasonable hours, to the minutes of the City Coun- 
 cil upon application to the City Manager. 
 
 Sec. 8. No resolution, by-law or ordinance appro- 
 priating any money for any purpose, providing for any 
 public improvements, enacting any regulation concerning 
 the public safety or public health, levying any tax, or of 
 any other general or permanent nature except a procla- 
 mation of quarantine or other emergency measure con- 
 cerning the public safety or public health shall be enacted, 
 unless said resolution, by-law or ordinance shall have 
 been read twice and passed two readings, which readings 
 shall have been on two different days and one of which 
 must be at a regular meeting : Provided, any emergency 
 measure enacted shall be effective only until the first reg- 
 ular meeting after its enactment, unless ratified at such 
 meeting. 
 
 Sec. 9. No ordinance shall be revised, re-enacted or 
 amended by reference to its title only; but the ordinance 
 to be revised or re-enacted, or the section or sections 
 thereof to be amended, or the new section or sections to 
 be added thereto, shall be set forth and adopted in the 
 method for the adoption of ordinances. 
 
 Sec. 10. Every motion, resolution, by-law or ordin- 
 ance introduced at any meeting shall be reduced to writ- 
 ing and read before any vote thereon shall be taken and 
 the yeas and nays thereon shall be recorded. A record 
 of the proceedings of every meeting shall be kept by the 
 City Manager in a well-bound book and every resolution, 
 by-law or ordinance passed by the City Council and every 
 motion made at any meeting must be recorded in such 
 book, and the records of the proceedings of the meetings 
 must be signed by at leas ' three members of j\^e City 
 Council. 
 
 Sec. 11. Any three citizens may appear before the 
 City Council at any of its regular meetings and may 
 present a written motion. Said motion shall be acted upon 
 
 14 
 
by the City Council in the regular course of business with- 
 in fifteen days. 
 
 Sec. 12. No member shall be excused from voting 
 except upon matters involving the consideration of hU 
 own official conduct. In all other cases a failure to vote 
 by a member who is present, or who, having been present, 
 has withdrawn from the meeting without being excused, 
 shall be deemed, and shall be entered upon the minutes 
 as, an affirmative vote. 
 
 Sec. 13. The City Council of the City of Hickory 
 shall, in addition to other powers herein given them, have 
 full power and authority : 
 
 (a) To enact and enforce all ordinances necessary 
 to protect health, life and property, and to prevent and 
 summarily abate and remove nuisances, and to preserve 
 and to enforce the good government, order and security 
 of the City and its inhabitants, and to enact and enforce 
 ordinances upon any subject: Provided, that no ordinance 
 shall be enacted inconsistent with the laws of the State 
 of North Carolina or inconsistent with the provisions of 
 this charter ; and provided further, that the grant of par- 
 ticular powers shall never be construed as a limitation 
 upon the general powers herein granted, it being intended 
 by this Charter to grant and bestow upon the inhabitants 
 of the City of Hickory full power of self-government 
 to be exercised in accordance with the general plan of 
 this charter. All ordinances of the City of Hickory, 
 when printed and published and bearing on the title 
 page thereof the words, ''Ordained and published by tie 
 City of Hickory", or words of like import, shall be prima 
 facie evidence of their authenticity, and shall be admitted 
 and received in all courts and places without further 
 proof. 
 
 (b) To exercise such control over and power to re- 
 quire all public service corporations, and all people doing 
 a public service business in the City of Hickory, to make 
 such reports, and have a right to the inspection of such 
 books and papers, as the North Carolina Corporation 
 Commission has the right to control, require and inspect 
 under the laws now enacted, or which may be enacted, 
 with reference to public service corporations doing busi- 
 ness in the State of North Carolina. 
 
 (c) To summon and compel the attendance of wit- 
 nesses, and the production of books and papers, before it 
 whenever it may be deemed necessary for the more ef- 
 fective discharge of its duties, and shall have power to 
 
 15 
 
punish for contempt of said City Council with the same 
 fines and penalties that the Municipal Judge may impose 
 for contempt of the Municipal Court of the City of Hick- 
 ory. All processes necessary to enforce the powers con- 
 ferred by this sub-section shall be signed by a member of 
 the City Council, addressed to theCity Manager, and shall be 
 served by him or any member of the police department. 
 
 (d) To make all orders for the doing of work, or 
 the making or construction of any improvements, bridges 
 or buildings. It shall levy all taxes, apportion and ap- 
 propriate all funds, audit and allow all bills and iccounts, 
 pay rolls and claims, and order payment thereof. It shall 
 make all assessments for the costs of street improve- 
 ments, sidewalks, sewers and other work, improvements 
 or repairs which may be specially assessed. It shall make 
 or authorize the making of all contracts, and no coatract 
 shall bind or be obligatory upon the city unless either 
 made by ordinance or resolution adopted bv the City 
 Council, or reduced to writing and approved by said 
 council, or expressly authorized by ordinance or resolu- 
 tion adopted by the City Council. All contracts, and all 
 ordinances and resolutions relative to making- contracts, 
 shall be drawn by the City Attorney, or submitted to such 
 officer before the same are made or passed. 
 
 {e) To issue and it shall be its duty to issue 
 general and special orders, by resolution, to the City 
 Manager giving him power and authority to carry out, Sv. 
 accordance with law, any administrative powers and 
 duties, in addition to those herein expressly conferred, 
 that the City Council may deem wise. 
 
 (f) To require the City Manager to present, once 
 a month a complete report, financial and otherwise, of tht 
 activities of the several departments of the city govern- 
 ment, and special reports at any time. 
 
 (g) To validate any lawful act performed by any 
 administrative officer of the city without its previous 
 authority. 
 
 (h) To declare forfeited and terminate franchises 
 granted persons or corporations for street railway, 
 electric light, telephone, gas, power, or other public ser- 
 vice purposes, whenever the conditions upon which such 
 franchises were granted have been broken, or whenever, 
 for any other reason, such franchise or franchises have 
 been lost, surrendered or forfeited. 
 
 (i) To open new streets, change, widen, extend and 
 close any street that is now or may hereafter be opened, 
 
 16 
 
and adopt such ordinances for the regulation and use of 
 the streets, squares and parks and other public property 
 iDelonging to the city as it may deem best for the public 
 "welfare of the citizens of the city, 
 
 (j) To lay out, establish and regulate parks within 
 or without the corporate limits of the city for the use of 
 the inhabitants of the sama 
 
 (k) To enact, repair and alter all public buildings; 
 to condemn any land that may be required for the pur- 
 pose of erecting any building or buildings for city hall, 
 market houses, fire companies, graded and public 
 •schools and for any other building whether like those 
 •enumerated above or not ; provided, that the procedure in 
 such condemnation proceedings shall be the same as is 
 herein provided for the condemnation of lands for streets. 
 
 (I) To accept any money or property for the pur- 
 pose of any public or corporate use. 
 
 (m) To issue bonds of the city after they shall 
 have passed an ordinance by a three-fifths vote of the City 
 Council at two separate regular meetings, submitting 
 the question of issuing the same to a vote of the people, 
 and after a majority of the qualified, registered voters of 
 the city shall have voted in favor thereof. No election 
 for this purpose shall be held until thirty days' notice 
 thereof shall have been given by the City Council in some 
 newspaper published in the City of Hickory. At such 
 election, those who favor issuing such bonds shall vote 
 a ballot on which shall be printed or written the 
 v/ords **For Bonds", and those who oppose it, shall vote a 
 ballot on which shall be printed or written the words 
 "'Against Bonds". The City Council, if it deem it proper 
 so to do, may order a new registration of the voters of 
 said city at any and all such elections. 
 
 (n) To appoint a City Attorney, for a term of 
 twelve months at the first regular meeting in May of 
 each year. It shall be the duty of the City Attorney, in 
 addition to other duties herein mentioned, to prosecute 
 and defend all suits for and against the city, to advise 
 the City Council, the Mayor, the City Manager and all 
 officers and agents of the city in regard to matters con- 
 nected with the city's business, and it shall be his duty, 
 when required so to do, to attend the meetings of the City 
 Council, and to prepare such deeds, contracts, bonds and 
 other legal papers as may be required for the city's 
 business. The Citv Attorney shall receive an annual 
 salary of not less ^n $150.00 nor more than $300.00. In 
 
 17 
 
addition thereto he may receive such extra compensation,. 
 
 as the City Council shall deem proper, for services 
 
 rendered in the Superior or Supreme Court. 
 
 ARTICLE V. 
 
 THE MAYOR. 
 
 Section 1. The power and duties of the Mayor shall 
 be such as are conferred upon him by this charter, to- 
 gether with such others as are conferred by the City 
 Council in pursuance of the provisions of this act and no 
 others. 
 
 Sec. 2. He shall preside at all meetings of the City 
 Council and shall have the right to vote upon all questions. 
 He shall be recognized as the official head of the city by 
 the courts for the purpose of serving civil processes, and 
 by the public for all ceremonial purposes. He shall have 
 power to administer oaths. 
 
 Sec. 3. Such functions not enumerated in this 
 charter as are conferred upon the Mayor by the general 
 laws of the State shall be exercised by the City Manager, 
 unless the City Council designate some other person to 
 exercise same. 
 
 Sec. 4. During the disability of the Mayor the func- 
 tions of his office shall devolve upon some member of the 
 City Council designated by that body at its first meeting 
 in May of each and every year. 
 
 ARTICLE VI. 
 
 THE CITY MANAGER. 
 
 Section 1. There shall be chosen by the City 
 Council an officer to be known as the City Manager, who 
 shall be the administrative head of the City Government. 
 
 Sec. 2. Before entering upon the duties of his office, 
 the City Manager shall take and subscribe an oath that 
 he will faithfully perform the duties of his office and shall 
 execute a bond, with an incorporated bonding company 
 or companies as surety or sureties, in favor of the city 
 for the faithful performance of his duties. The amount 
 of the bond shall not be less than seven thousand five 
 hundred dollars, and may be increased or a new bond 
 required by the City Council whenever it may deem it 
 advisable. 
 
 Sec. 3. The term of the City Manager shall be at 
 the pleasure of the City Council. 
 
 Sec. 4. The City Manager shall not be personally 
 interested in any contracts to which the city is a party, 
 for the supplying the city materials of any kind. 
 
 Sec. 5. It shall be his duty to attend all meetings of 
 
 18 
 
and to recommend to, the City Council, from time to time, 
 such measures as he shall deem necessary or expedient 
 for it to adopt, and to furnish it with any necessary in- 
 formation respecting any of the departments under his 
 control. He shall accurately keep the minutes of the 
 City Council. 
 
 Sec. 6. He shall transmit to the hands of the sev- 
 eral departments written notice of all acts of the City 
 Council relating to the duties of their departments, and 
 he shall make designation of officers to perform duties 
 ordered to be performed by the City Council. 
 
 Sec. 7. He shall sign all contracts, licenses and other 
 public documents on behalf of the city, as the City Council 
 may authorize and require. 
 
 Sec. 8. He shall have access at all times to the books, 
 vouchers and papers of any officer or employee of the 
 city, excepting the City Treasurer's books, and shall have 
 power to examine, under oath, any person connected 
 therewith. 
 
 Sec. 9. He shall have power to revoke licenses pend- 
 ing the action of the City Council. 
 
 Sec. 10. He shall have authority and charge over 
 all public works, the erection of buildings for the city, 
 the making and construction of all improvements, paving, 
 curbing, sidewalks, streets, bridges, viaducts, and the re- 
 pair thereof; he shall approve all estimates of the cost 
 of public works, and recommend to the City Council the 
 acceptance or rejection of the work done or improvements 
 made; he shall have control, management and direction 
 of all public grounds, bridges, viaducts and public build- 
 ings; he shall have control of the location of street car 
 tracks, telephone and telegraph poles and wires ; he shall 
 have charge of the water sheds from which the city 
 takes its supply of water, pumping stations, pipe lines, 
 filtering apparatus, and all other things connected with 
 or incident to the proper supply of water for the city; 
 and shall secure all rights of way and easements connect- 
 ed with the water works or sewerage systems or the ex- 
 tension of the streets, etc. 
 
 All the powers enumerated however shall be exercis- 
 ed subject to the supervision and control of the City Coun- 
 cil. 
 
 Sec. 1(1. He shall have power to suspend, fine and 
 dismiss any member of the police, fire, water works and 
 sewerage and street departments in the interest of discip- 
 line. But any officer, appointed or elected by the City 
 
 19 
 
Council to a position in said de- 
 partments, who has been suspended, fined or dis- 
 missed, may appeal to the City Council at any of its regu- 
 lar meetings, and it shall review his case, affirm, or modi- 
 fy or reverse the order of the manager and make any 
 restitution within the law, which it may deem advisable. 
 The City Manager shall promptly report all suspensions, 
 fines and dismissals as hereinafter provided in the article 
 in reference to the police powers of the City of Hickory. 
 
 Sec. 12. The officers and other employees of the Po- 
 lice department, fire department, street department, and 
 the water works and sewerage department shall be elected 
 foi a term of one year from a list submitted to the City 
 Council by the City Manager, and if the City Council is 
 unable or refuses to elect from the list so furnished ^ 
 shall call on the City Manager from time to time for other 
 lists, which it shall be his duty to furnish. 
 ARTICLE VIL 
 
 FRANCHISES. 
 
 Section 1. Every franchise or privilege to construct 
 or operate street, suburban or interurban railroads along,, 
 upon, over or under any street, highway, or other public 
 place, or lay pipes or conduits, or to erect poles or wires, 
 or other structures in, upon, over, under or along any 
 street, highway or other public place in the City for the 
 transmission of gas or electricity, the conducting of a tel- 
 ephone system, or for any purpose whatever, shall be 
 granted upon the conditions in this article provided, and 
 not otherwise. 
 
 Sec. 2. An applicant for a franchise or privilege 
 shall file with the City Council an application therefor, and 
 thereupon the City Council shall, if it propose to grant the 
 same, advertise the fact of said application, together with 
 a statement that it is proposed to grant the same, in one 
 or more newspapers published in the City of Hickory 
 and one or more daily newspapers published in the State 
 of North Carolina. The publication of such advertise- 
 ment must run for a period of thirty days and must be 
 completed not less than twenty and not more than thirty 
 days before any further action can be taken on such ap- 
 plication. 
 
 Sec. 3. The advertisement must state the character 
 of the franchise or privilege it is proposed to be granted, 
 and if it be a street, suburban or interurban railroad, the 
 route to be traversed; that sealed bids therefor will be 
 opened at a stated time and place, and that the franchise 
 
 20 
 
will be awarded to the bidder offering to pay to the City 
 during the life of the franchise the highest percentage of 
 the gross annual receipts received from the use, operation 
 or possession of the franchise. 
 
 Sec. 4. At the time of opening the sealed bids, 
 any responsible person, firm or corporation, present in 
 person or represented, may bid for such franchise or 
 privilege not less than one-fourth of one per cent, of the 
 gross annual receipts above the highest sealed bid there- 
 for, and such bid so made may be raised not less than one- 
 fourth of one per cent, of the gross annual receipts by 
 any other responsible bidder, and such bidding may con- 
 tinue until finally such franchise shall be struck off, sold 
 and awarded by theCity Council to the person, firm or corpor- 
 ation offering the highest percentage of the gross annual 
 receipts arising from the use, operation or possession of 
 such franchise; provided that if, in the judgment of the 
 City Council, no adequate or responsible bid has been made, 
 the City Council may withdraw such franchise from sale or 
 advertise for new bids. 
 
 Sec. 5. Every application and bid for franchis'^' 
 under this article shall be accompanied by a cash deposit 
 of two thousand dollars or a certified check therefor as a 
 guarantee of the good faith of the applicant or bidder, 
 and as a fund out of which to pay all expenses connected 
 with such application and the granting of such fran- 
 chise. 
 
 Upon the franchise being awarded, all deposits made 
 by unsuccessful bidders shall be returned. The deposit of 
 the successful bidder shall be retained until the filing and 
 approving of the surety bond hereinafter provided for, 
 whereuDon the remainder of such deposit, after the pay- 
 ment therefrom of all expenses incurred by the City in 
 connection with the advertising and awarding of such 
 franchise, shall be returned. 
 
 Sec. 6. No clause or condition of any kind shall 
 be inserted in any franchises or grant offered or sold un- 
 der the terms of this article which shall directly or indi- 
 rectly restrict free and open competition in bidding there- 
 for, and no clause or provision shall be inserted in any 
 franchise offered for sale which shall in any wise favor 
 one person, firm or corporation as against another in bid- 
 ding for the purchase thereof. 
 
 Sec. 7. The successful bidder for any franchise or 
 privilege awarded under this article shall file a bond run- 
 ning to the City to be approved by the Council, in the 
 
 21 
 
penal sum by it to be prescribed and set forth in the ad- 
 vertisement for bids, conditioned that such bidder shall 
 well and truly observe and faithfully perform each and 
 every term and condition of such franchise and that in 
 case of any breach of condition of such bond, the whole 
 amount of the penal sum therein named shall be taken 
 and deemed to be liquidated damages and shall be recov- 
 erable from the principal and surety upon such bond. 
 
 Such bond shall be filed with theCityCouncil within ten 
 days after such franchise is awarded, and within thirty 
 days after the filing and approval of such bond such 
 franchise shall by the City Council be granted by ordinance 
 to the person, firm or corporation to whom it shall have 
 been struck off, sold or awarded, and in case it shall not 
 be so filed, the award of such franchise shall be set aside 
 and any money deposited in connection with the award- 
 ing of the franchise shall be forfeited and the franchise 
 shall, in the discretion of the City Council, be readvertised 
 and again offered for sale in the same manner and under the 
 same restrictions as hereinbefore provided. 
 
 Sec. 8. The maximum length of time for which a 
 franchise or privilege to use the streets, highways, or 
 other public places of the City may be granted to any 
 person, firm or corporation shall be thirty-five (35) years. 
 .Sec. 9. Work under any franchise granted in ac- 
 cordance with the terms of this article shall l:^e commenc- 
 ed in good faith within not more than four months from 
 the date of the final passage of the ordinance granting 
 such franchise and if not so commenced within said time, 
 said franchise shall be forfeited. V/ork under any fran- 
 chise so granted shall be completed within the time fix- 
 ed for such completion in the ordinance granting such 
 franchise, which time shall be not more than thirty 
 months from the date of the final passage of the ordi- 
 nance granting said franchise, and if not so completed 
 within said time, said franchise shall be forfeited; pro- 
 vided, that if good cause be shown, the City Council may by 
 resolution extend the time for completion thereof not ex- 
 ceeding six months. 
 
 Sec. 10. The grant of every franchise or privilege 
 shall be subject to the right of the City, whether reserved 
 or not, to make all regulations which shall be necessary to 
 secure in the most ample manner the safety, welfare and 
 accommodations of the public, including among other 
 things the right to pass and enforce ordinances to protect 
 the public from danger or inconvenience in the opera- 
 
 22 
 
tion of any work or business authorized by the grant of 
 the franchise and the right to make and enforce all such 
 regulations as shall be reasonably necessary to secure 
 adequate, sufficient and proper service and accommoda- 
 tions for the people and insure their comfort and conveni- 
 ence. 
 
 Sec. 11. The grant of every franchise or privileg'e 
 shall be subject to the right of the City, whether reserved 
 or not, to prescribe and regulate the rates, fares, rentals 
 or charges made for the service rendered under such 
 franchise. The grant of every franchise for a street, 
 suburban or interurban railroad shall provide that oii- 
 cials, policemen and firemen of the City shall at all times, 
 while in the actual discharge of their duties, be allowed 
 to ride on the cars of such railroad within the boundaries 
 of the City^ without paying therefor and with all* the 
 rights of other passengers. Provided, however, the own- 
 ers of any franchise or privilege or any responsible resi- 
 dent of the City of Hickory may appeal from any ordi- 
 nance of the City Council prescribing and regulating the 
 rates, fares, rentals or charges to the Corporation Com- 
 mission of the State of North Carolina by filing witli the 
 City Council a written notice of said appeal, not later 
 than ten days after said ordinance bertomes eflfective. The 
 City Council shall thereupon send a copy of the ordinance 
 and a complete certified copy of the record in the entire 
 matter to the Corporation Commission of the State of 
 North Carolina. As soon as practicable after the receipt 
 of said record, the said Corporation Commission shall, 
 and it is hereby authorized and empowered so to do, set 
 a day for the hearing of said matter, giving all parties 
 reasonable notice thereof and a full opportunity to be 
 heard. After a full hearing the Corporation Commission 
 shall decide the question involvea, either wholly or par- 
 tially in favor of either party as may seem just and equit- 
 able. Any party shall have the right to appeal from 
 said Corporation Commission to the courts. 
 
 All laws of the State of North Carolina that may be 
 in conflict with this section are hereby expressly repealed 
 in^so far as they apply to the City of Hickory or to the 
 persons, firms or corporation owning or operating any 
 public utility under the grant of any franchise or privi- 
 lege by said City. 
 
 Sec. 12. Every ordinance granting any franchise 
 shall provide that at the expiration of the period for 
 which the franchise was granted, or at any time before 
 
 23 
 
as stated in the ordinance, the City, at its election and 
 upon the payment of a fair valuation therefor to be made 
 in the manner provided in the ordinance making the 
 grant, may purchase and take over to itself the property 
 and plant of the grantee in its entirety, but in no case 
 shall the value of the franchise of the grantee be consid- 
 ered or taken into account in fixing such valuation. 
 
 Sec. 13. Any franchise granted by the City shall 
 not be leased, assigned or otherwise alienated without the 
 express consent of the City, and no dealings with a lessee 
 or an assignee on the part of the City to require the per- 
 formance of any act or payment of any compensation by 
 the lessee or assignee shall be deemed to operate as such 
 consent ; provided, that nothing herein shall be construed 
 to prevent the grantees of such franchise from including 
 it in a mortgage or trust deed executed for the purpose 
 of obtaining money for corporate objects. 
 
 Sec. 14. Every grant of any franchise or privilege 
 in, over, under or along any of the streets, highways or 
 public places in the City for railway purposes, shall be 
 subject to the conditions that the person, firm or corpor- 
 ation, exercising or enjoying same shall sprinkle, clean, 
 keep in repair, and pave and repave so much of said street, 
 highway, or other place as may be occupied by said rail- 
 way as lies between the rails of each railway track, and 
 between the lines of double track, and for a space of two 
 feet outside of said tracks. The City Council shall be the 
 judge as to when and how said sprinkling, cleaning, pav- 
 ing and repairing shall be done and shall determine the 
 kind and amount of material and labor to be used in 
 said sprinkling, cleaning, paving and repairing. 
 
 Every grant of any such franchise or privilege shall 
 be subject to the condition that the person, firm or cor- 
 poration, exercising or enjoying the same, shall permit 
 any one or more interurban or other lines, that at any time 
 ma^^ '^■esire to enter Hickory, to use its tr-^^k for the purpose 
 of reaching and leaving the business square of said City 
 at a reasonable charge to be fixed by the City Council. 
 
 Sec. 15. The City of Hickory, by its City Manager 
 or accountants authorized by its City Manager or by the 
 City Council, shall have the right at all reasonable times to 
 examine all the books, vouchers or records of any person, 
 firm or corporation exercising or enjoying any franchise 
 or privilege granted by the City for the puroose of veri- 
 fying any statements of gross receipts provided for, dv^ 
 for any other purpose whatsoever connected with the 
 
 24 
 
duties or privileges of the City or such person, firm or 
 corporation arising from this Charter or from the ordi- 
 nance granting the franchise, and may audit the same at 
 the end of each year. 
 
 Sec. 16. Every person, firm or corporation operat- 
 ing any business under a franchise granted under this ar- 
 ticle shall file annually with the City Manager on such 
 date as shall be fixed by theCityCouncil a report for the pre- 
 ceding year. 
 
 Such report shall be in writing, verified by the aflfi- 
 davit of such person or persons, or oflficer of the corpora- 
 tion, as the City Council shall direct, and shall contain a state- 
 ment, in such form and detail as shall from time to time 
 be prescribed by theCityCouncil of all the gross receipts aris 
 ing from all the business done by said person, firm or cor • 
 poration within the City of Hickory for the year imme- 
 diately preceding such report. Such report shall c^ 
 tain such further statements as may be required by the City 
 Council concerning the character and amount of business 
 done and the amount of receipts and expenses connected 
 therewith, and also the amount expended for new con- 
 struction, repairs and betterments during such year. 
 
 Sec. 17. The stipulated percentage of gross re- 
 ceipts shall be paid annually at the time of filing the an- 
 nual report. Failure to pay such percentage shall work 
 a forfeiture of the franchise. The provisions as to the 
 payments of gross receipts shall apply to every person, 
 firm or corporation using or operating the works con- 
 structed under such franchise. 
 
 Sec. 18. Every ordinance granting any franchise 
 or privilege shall provide for the termination and the for- 
 feiture thereof for any breach or failure to comply with 
 any of the terms, limitations or conditions thereof, and in 
 all such cases theCityCouncil shall have power to declare the 
 termination and forfeiture of any such franchise or priv- 
 ilege, the same as though in each instance such power was 
 expressly reserved. 
 
 Sec. 19. All franchises and privileges heretofore 
 granted by the City which are not in actual use or enjoy- 
 ment, or which the grantees thereof have not in good faith 
 commenced to exercise, shall be declared forfeited and in- 
 valid, unless such grantees or assigns shall, within six 
 months after this Charter takes effect, in good faith 
 commence the exercise and enjoyment of such privilege 
 or franchise. 
 
 25 
 
ARTICLE Vm. 
 
 STREETS AND STREET DEPARTMENT". 
 
 Section 1. The Street Department of the City of 
 Hickory shall be composed of the City Manager and such 
 other employees as the City Council may deem necessary 
 to execute the duties of the department. The City Man- 
 ager shall be the executive officer of the department, and 
 shall have the direction of the other officers and employees 
 in the department, subject to the rules and regulations 
 prescribed by the City CounciL 
 
 Sec. 2. The City Manager shall have full power 
 and authority, under ordinances of the City Council, to 
 grade, pave, macadamize and otherwise permanently im- 
 prove for travel and drainage any street, sidewalk, ave- 
 nue and public alley of the City; to put down curbing, 
 cross drains, and crossings on the same; to lay out and 
 open new avenues, streets and public alleys, or widen those 
 already open, and make such improvements thereon as 
 the public convenience may require. 
 
 Sec. 3. No property lying within the city limits: 
 shall hereafter be platted or laid off into avenues,, streets, 
 alleys, blocks and lots or into any of them, unless the 
 same is done in compliance with the provisions herein- 
 after in this section mentioned or unless otherwise here- 
 inbefore provided. 
 
 The owner or owners of any proiierty lying within 
 the city limits shall present to the City Manager for filing 
 a blue print of the proposed avenues, <^reets, alleys, 
 blocks and lots. Whereupon within five days after the 
 blue print is presented, the City Manager shall determine 
 whether the proposed avenues, streets, alleys, blocks and 
 lots conform to the avenues, streets, alleys, blocks and 
 lots abutting thereon. If found to so conform, he shall 
 forthwith file the blue print in his office, and the owner 
 or owners of said property may after the filing as afore- 
 said plat and lay off said property in accordance with 
 the blue print so filed. 
 
 Sec. 4. That the City Council shall have full power 
 and authority to adopt by ordinance such a system of lay- 
 ing out districts or sections of streets and sidewalks for 
 permanent improvement, and of equalizing the assess- 
 ment on real estate to pay the cost of such improvement 
 as may be just and proper; and in order to more fully 
 carry out the duties imposed by the provisions of this 
 Charter, for street improvement, the City Council shall 
 have power and authority to determine the kind of such 
 
 26 
 
impTOveinents and the amount to be expended therefor, to 
 35ass ordinances assessing the cost of paving, or 
 macadamizing all such streets and sidewalks withiri any 
 such district or section laid out for improvement on the 
 real estate abutting on the street or sidew^alk or portion 
 thereof so paved or macadamized, and it shall be incum- 
 bent on the owners of the real estate abutting on each 
 side of the street or sidewalk or part thereof so improved 
 to pay the amount so assessed for such improvement, and 
 such cost and charges shall be a lien on all such abutting 
 property from the commencement of the work, as provid- 
 ed in this Article: Provided that the City Council shall 
 not order such improvement district or section to be laic* 
 out until and unless two-thirds of the persons owning the 
 land abutting on such street or sidewalk or public alley, 
 o the portion thereof proposed to be improved, shall request 
 in writing the City Council to order such improvement dis- 
 trict or section to be laid out. Provided further, that theCity 
 out of its general funds, shall pay one-third of the cost of 
 grading, curbing and paving and permanently improving 
 the streets except that part required to be paid for by such 
 street railways as is in this charter elsewhere provided; and 
 City shall pay one-half of the cost of grading, curbing 
 and paving and permanently improving the side-walks; 
 and Provided further, that the cost of such improvement 
 shall be financed by the issue of bonds as herein provided. 
 Sec. 5. That if any street railroad company or 
 other railroad company having tracks running through or 
 across any street or streets laid out as permanent im- 
 provement districts or section, it shall be incumbent on 
 such company to pave, re-pave, macadamize or re-macad- 
 amize or otherwise improve that part of such street or 
 streets covered by its tracks, the space 
 between the double tracks, and at least two feet on each 
 side of each line of track as they are now or may here- 
 after be constructed by any such company: Provided, 
 that the City Council, in order to secure uniformity in the 
 workmanship and avoid delay in the progress of the work, 
 shall have full power and authority to pave or repave, 
 macadamize or remacadamize, or contrct for paving or 
 repaving, macadamizing or remacadamizing, the whole 
 of said space without giving such street railroad com- 
 pany or other occupant of the street or streets, the op- 
 tion of having said space paved or repaved, macadamized 
 or remacadamized by itself or otherwise, and the cost of 
 
 27 
 
such permanent improvement, properly chargeable to 
 such railroad company, shall be assessed upon the fran- 
 chise or the property of said railway company located in 
 said City, and special tax levies made thereon for the pur- 
 pose of collecting same in the manner herein elsewhere 
 provided for the assessment and levy upon other prop- 
 erty so improved. 
 
 Sec. 6. All companies, corporations and persons 
 having franchises or permits to use the streets of the 
 City for laying railway tracks, pipes or conduits, and for 
 other purposes requiring the excavation of the streets, 
 sidewalks and public alleys, shall be notified by the said 
 Council when any street is to be permanently improved 
 and given a reasonable opportunity to lay said railways, 
 pipes or conduits, or do such work as they may be author- 
 ized to do under said franchises, and in case any such 
 company, corporation or persons fail to lay said railway, 
 or pipes, or to do said work before such permane"nt im- 
 provements are made, they shall not be permitted to do so 
 thereafter except under the condition that they shall pay 
 such reasonable proportion of the original cost of sucL 
 permanent improvement as may be fixed by the City 
 Council. 
 
 Sec. 7. That in order to equalize the assessments on 
 real estate for the purposes described, as elsewhere pro- 
 vided in this article, the City Council shall, before the 
 commencement of any such work or improvement, esti- 
 mate the total cost of such improvement to be made 
 throughout the entire length of such work or improve- 
 ment, and then shall pro rate the cost thereof on the real 
 estate abutting thereon in proportion to the frontage on 
 the street or portion of the street so improved, and charge 
 to and assess upon each side of the street upon which said 
 work is done its pro rata share of the cost of all 
 such improvements as may be made under the provisions 
 of this article: Provided, however, in order to avoid 
 obstructing lot owners in subdividing and selling their 
 property by reason of the liens hereby created upon the 
 same, such lot owners may subdivide their lots in such 
 manner as they see fit, subject to the provisions of Sec- 
 tion 3 of this article, and shall file in the office of the City 
 Manager a plat of the subdivision, making the lots front- 
 ing on the streets so paved or improved of any desired 
 frontage, but not less than one hundred feet in depth, and 
 the assessment made and the liens created by virtue of this 
 act for street improvement shall thereafter affect and at- 
 
 28 
 
tach to such front lots only, not less than one hundred feet 
 in depth, and where in any such cases lands fronting on 
 such improvements are so subdivided into lots, each of said 
 lots fronting on such improvements shall be and remain 
 chargeable with its ratable proportion of said assessment 
 and liens according to its frontage ; that the City Council 
 shall cause to be established a permanent grade on any 
 such street, sidewalk or public alley so improved, and 
 shall cause any such street, sidewalk or public alley to be 
 accurately surveyed, and a map to be made of the various 
 lots and properties abutting on such street, sidewalk or 
 alley, or portion thereof so proposed to be improved, 
 showing the exact frontage of each lot, and also the sub 
 divisions, if any, and the said map shall be filed with the 
 City Manager and be subject to public inspection; and 
 when the assessments and liens, as provided for in this 
 Article, shall have been made upon the various lots and 
 properties on the streets, sidewalks or alleys, the City 
 Manager shall write upon said map the amount assessed 
 upon the same, and he shall keep a properly indexed rec- 
 ord book showing such assessments and liens, and the 
 date and amount of all payments made on any of the said 
 assessments and liens; Provided, further, where perma- 
 nent street improvements shall be made, the property 
 bearing such assessments shall not be assessed again un- 
 til after the expiration of ten years from the date of the 
 last preceding assessment: Provided, further, that in 
 case any street or part of a street laid out as a district for 
 permanent improvement is of such unequal width or cost 
 of material as to render the plan of equalization of as- 
 sessments as above set out, unjust to any abutting prop- 
 erty, then in that case, the City Council is authorized to 
 divide such district into subdivisions and to apply the 
 rule of equalization of assessments prescribed herein to 
 such subsections, instead of to the entire district or sec- 
 tion; and the City Council may make as many subsec- 
 tions as may be necessary to make a just distribution of 
 the cost of permanent improvement made or to be made 
 in such district. The cost of all such improvements shall 
 be financed by the issue of bonds and the levy of a special 
 tax to pay the same and the interest thereon, as herein- 
 after provided. 
 
 Sec. 8. That -the notice of the assessment by the 
 City Conucil, as herein elsewhere provided in this article, 
 against abutting property on any street, sidewalk, or 
 public alley in any such improvement district or section 
 
 29 
 
shall be given at least once a week for two weeks in some 
 newspaper published in the City of Hickory, which no- 
 tice shall state the time and place that such assessments 
 are to be made and determined ;and shall notify all persons 
 interested in such assessment to appear and show cause, if 
 any, why such assessment shall not be made; and in the 
 event the owner of such lot or lots is an infant, idiot, 
 lunatic, or incempetent, then his general guardian, if he 
 has such, shall act for him ; if he has none, it shall be th 
 duty of the Clerk of the Superior Court of Catawba Coun- 
 ty to appoint a guardian ad litem to act for him. That 
 any person who shall feel aggrieved by the findings of 
 said Council, with reference to said assessment for such 
 permanent improvements, shall have the right within ten 
 days after such findings of said Council, and not after 
 that time, to file his objections to such findings, and to 
 appeal from the decision of said Council to the next term 
 of the Superior Court of Catawba County, by serving 
 upon said City notice in writing of his intentions so to 
 do, and specifying in said notice the grounds of his objec- 
 tions to said findings and by filing within the time pre 
 scribed for taking appeals in the office of the Clerk of 
 the Superior Court of Catawba County, a written under- 
 taking in at least the sum of two hundred dollars, with 
 sufficient surety to be justified before and approved by 
 said Clerk to the effect that said appellant will pay to 
 said City all such costs and damages as it may sustain by 
 reason of said appeal; in such cases of appeal from the 
 City Council, the ordinance laying out the improved dis- 
 trict, the action of the said Council m determining the as- 
 sessment, the objections of the property owner filed there- 
 to, and all other papers material to the matter shall con- 
 stitute the case on appeal and be certified by the City 
 Manager to the Superior Court, and shall be docketed on 
 the civil docket and stand at issue as other civil cases reg- 
 ularly brought in such court, with leave to either party 
 to file such pleadings and papers as he may deem neces- 
 sary; if all the issues be found in favor of the appellant 
 on such appeal, as above provided for, the lien for said 
 assessments shall be discharged ; if, however, the issue, or 
 any of them, be found in favor of the City of Hickory, to 
 any amount, then judgment shall be rendered in favor of 
 said City for such amount, to the end that no merely tech- 
 nical objections shall defeat the rip-hts of the City; and 
 the amounts so found together with the cost of such ap- 
 peal, which cost shall be assessed as costs in other civil 
 
 30 
 
actions, shall be and continue a lien against the property 
 upon which the original assessment was placed, from 
 the date of the findings of said City Council, and shall be 
 collected by the City Manager of the City of Hickory, as 
 elsewhere in this article provided. 
 
 Sec. 9. That in lieu of notice of publication to prop- 
 erty owners affected by improvements to abutting real 
 property as elsewhere provided in this article, the City 
 Council, if it so determines, may give ten days' personal 
 notice to all persons affected by any permanent improve- 
 ments for which a charge is to be made on real estate, to 
 appear before said City Council at a certain time and 
 place to show cause, if any, why such assessment should 
 not be made, which notice may be served by any police- 
 man of the City of Hickory, or any other proper officer. 
 
 Sec. 10. This article shall be construed to make it 
 mandatory on the City Council to require abutting prop- 
 erty owners to pay their pro rata share of the cost of ma- 
 cadam, bithulithic, asphalt, vitrified brick, sand 
 clay, top soil and other permanent pavements 
 assessed against the abutting property, as else- 
 where provided for in this article: Provided, further, 
 that nothing in this article shall be construed to make 
 it mandatory on the City Council to issue bonds to finance 
 the construction of sidewalks, but said City Council may 
 require the construction of sidewalks and charge one-half 
 the cost of same, including curbing, to the abutting prop- 
 erty, the property on each side of the street pay or bear 
 one-half the costof the sidewalk on its respective side, which 
 cost shall be a lien on the abutting property, as herein 
 elsewhere provided, and paid immediately, or as soon 
 thereafter as practicable, by the property owners, and not 
 by an issue of bonds as is elsewhere provided, if the City 
 Council so determine, and such charge or assessment shall 
 be enforced and collected by the City Manager by the 
 sale of the abutting property specially benefitted in the 
 same manner as real estate is sold for taxes. 
 
 Sec. 11. As soon as the amount chargeable to real 
 estate abutting on the street, avenue or public alley to be 
 so improved, as is provided in other sections of this arti- 
 cle, is finally determined by the City Council, and after 
 the contract is let for any such work or improvement, the 
 City Council may cause a notice to be published once a 
 week for two weeks in some newspaper published in the 
 City of Hickory, substantially in the following form : 
 
 31 
 
"STREET IMPROVEMENT NOTICE." 
 "Notice is hereby given that a contract has been let 
 for (describing work and street, sidewalk or alley), and 
 that the improvement chargeable to the abutting real 
 estate has been determined as to each parcel of said real 
 estate, and a statement of the same is on file with the 
 City Manager. It is proposed to issue bonds chargeable to 
 the said real estate to pay the special assessments, and 
 such bonds will be issued covering all of said assessments 
 except in cases where the owners of property file with 
 the City Manager, within the time stipulated in said no- 
 tice, a written notice that they elect to pay the special 
 assessments on their property, describing the same." 
 
 Sec. 12. After the expiration of the time fixed for 
 filing notice of election to pay the special assessment as 
 provided in the preceding section, the City Council may 
 issue improvement bonds covering all of the assessments, 
 except such as the owners have filed notice of election to 
 pay, as stated in the preceding section, which bonds shall 
 be of corresponding amounts and known as "Street Im- 
 provement Bonds" ; shall comprise ten equal series ; each 
 series shall consist of a like number of bonds, and shall 
 bear interest not to exceed six per cent, per annum ; and 
 shall be sold for not less than par ; and shall be signed by 
 the City Council and attested by the City Manager; and 
 shall contain such recitals as may be necessary to show 
 that they are chargeable to particular property ; and may 
 be sold at either public or private sale; and the interest 
 upon the said bonds shall be payable semi-annually, and 
 each installment of interest shall be represented by cor- 
 responding coupons; the respective series of the said 
 bonds shall be payable annually, and the last series there- 
 of shall be payable not execeeding ten years from the 
 date of their issue; the proceeds collected by the City 
 Treasurer shall be paid to the contractor when due him, 
 or the contract may provide that the contractor shall take 
 bonds as payment on his contract, at not less than 
 their par value, the contractor to be charged 
 with accrued interest; at the date of each tax 
 levy after the issuance of any such bonds until 
 all of them are paid, when the tax roll or levy 
 for the year is prepared, sufficient special assessments of 
 taxes on each parcel of land covered by said bonds to pay 
 the annual instalment of the principal and interest on the 
 amount of such special assessments then uapaid, shall be 
 included in the tax levy or roll, as a special tax on said 
 property, and thereafter this tax shall be treated in all 
 
 32 
 
i:'eSpfects as any otli^r city tax, id be collected in the same 
 manner and constitute a lien on the property affected, and 
 in every respect the same as other taxes. The provisions 
 of sub-section (m) of Section thirteen of Article IV shall 
 not apply to the issuance of bonds in accordance with the 
 provisions of this section. 
 
 Sec. 13. That all funds derived from assessments 
 hereafter levied by the City Council of the City of Hick- 
 ory upon private property on account of the improvement 
 of the streets upon which such property abuts shall when 
 collected and received by the City of Hickory, constitute 
 a special fund, to be designated as ''Street Improvement 
 I^und," and the same shall be kept separate from all other 
 funds of the City, and a separate record thereof shall be 
 kept by the City Manager and said funds and every part 
 thereof shall be appliea by the City Council, exclusively, 
 td thfe payment of the said bonds and interest on Same Ot 
 
 ^xaj^mfeht r^t said wdi-k 
 
 Sec. 14. The City C^Vincil shall haVe power to con- 
 trol, glfade, macadamize, cleanse, and pave and repair the 
 fetlfeetS and sideWalks of the City and make such improVe- 
 hiente thereon as it may deem best for the public good, 
 and may provide for and regulate lighting of the public 
 parks and streets, and regulate, control, license, prohibit 
 and prevent digging in said streets and sidewalks, or 
 placing therein of pipes, pol6s, Wites; fixtures, and ap- 
 pliances of every kind, whether on, above or below the 
 dilf face thereof, and regulate and (ionti*ol the Use thereof, 
 remove obstructions, encroachments, pollution oi* litter 
 therein, and shall have under their government, manage- 
 nient and control all parks and squares within or without 
 the city limits established now or hereafter to be estab- 
 lished oy the City Council folf the use of the City. 
 
 SeC. is. The City Council shall have power to pro- 
 hibit cellar's 6f fentranc&S tO cellars under the sidewalks of 
 the city, 6f any obstt-Uction upon the streets OY sidewalks 
 thelt^eof. 
 
 SeC. 16. When any land or right of way shall be 
 Required for the purpose of opening new streets, or wid- 
 ening or changing thosfe already opened, or other subjects 
 allowed by this charter, and the compensation therefor 
 tan not be agreed upon by the owner or owners and the 
 City Council, the same may be condemned and taken by 
 the City Council at a valuation to be made by three disin- 
 terested freeholders of the City, one of whom shall be 
 chosen by the City Council and one by the owner or own- 
 ers and in case these two do not agree, then the two thus 
 chosen shall select a third, and in case the owner or own- 
 
 33 
 
ers, or any of them, fail or refuse to choose a freeholder, 
 as above provided, for five days after being notified so to 
 do, then it shall be the duty of the City Council to appoint 
 a disinterested freeholder to act on the part of said owner 
 or owners. In case the two first chosen shall fail or re- 
 fuse to choose a third freeholder, then it shall be the duty 
 of the City Council to choose or select the third 
 freeholder. In making the valuation, said freeholders, 
 after giving the owner or owners or their agent notice, or 
 giving a notice by publication in two issues of a weekly 
 newspaper published in the City of Hickory in case the 
 owner can not be found in the city, and after being duly 
 sworn to act impartially and fairly, shall take into con- 
 sideration the loss or damage which may accrue to the 
 owner or owners in consequence of the land or right of 
 way being surrendered, also such benefit or advantage 
 such owner or owners may receive from the opening, 
 widening or changing of such streets or other public im- 
 provements,, and ascertain the sum, if any, which shall be 
 paid to the owner or owners of said property, and report 
 the same, in writing over the signature of any two of 
 them, to the City Council, which report on being confirm- 
 ed by the council and spread upon its minutes, shall have 
 the eflTect of a judgment against the City of Hickory, and 
 shall pass title of the land so taken to the City of Hickory, 
 and the land so taken may at once be used by the City 
 for the purposes intended: Provided, that if either the 
 owner or owners whose land is taken or the City Council 
 shall be dissatisfied with the valuation thus made, either 
 party may appeal to the next term of the Superior Court : 
 Provided, however, that such appeal shall not hinder or 
 delay the City Council in opening or changing such street 
 or making such improvement. 
 
 Sec. 17. Every male resident in said City between 
 the ages of eighteen and forty-five shall be liable to work 
 the streets and public places of the City under the direc- 
 tion of the City Manager not more than four days each 
 year, unless he shall obtain from the City Manager a cer- 
 tificate of exemption therefrom, for which he shall pay 
 such sum as may be annually fixed by the City Council, 
 not exceeding two dollars. 
 
 ARTICLE IX. 
 
 POLICE POWERS AND POLICE DEPARTMENT. 
 
 Section 1. The City of Hickory shall have power, 
 by ordinance duly passed, to establish and maintain the 
 City police department, prescribe the duties of policemen 
 
 34 
 
and regulate their conduct. 
 
 (a) To permit, forbid or regulate theatres, balls, 
 dance houses, moving picture shows, circuses and other 
 public amusements, and to suppress the same whenever 
 the preservation of order, tranquility, public safety or 
 good morals may demand . 
 
 (b) To suppress gambling houses and to punish 
 keepers and patrons thereof, to punish all persons who 
 play cards or games of chance of any kind for gain, and 
 to punish persons who sell lottery tickets or who adver- 
 tise lottery drawings or schemes and results of drawings 
 of lottery. 
 
 (c) To regulate, control, and prohibit the keeping 
 and management of houses or any building used for the 
 storage of gun powder and other combustible, explosive 
 or dangerous materials within the City, and to regulate 
 the keeping and conveying of the same, and to authorize 
 and regulate the laying of pipes and the location and con- 
 struction of houses, tanks, reservoirs, and pumping sta- 
 tions for the storage of oil and gas. 
 
 (d) To define nuisances and prevent and abate the 
 same whether on public or private property, and to abate 
 such nuisances by summary proceedings, and to punish 
 the authors or keepers thereof by penalties, fines and im- 
 prisonment. 
 
 (e) To regulate, restrain and prohibit the running 
 or going at large of horses, mules, cattle, sheep, swine, 
 goats, chickens and all other animals and fowl of what- 
 ever description, and to authorize the distraining and im- 
 pounding and sale of the same for the costs of the pro- 
 ceedings and the penalty incurred, and to order their de- 
 struction when they can not be sold, and to impose pen- 
 alties on the owners or keeners thereof for the violation 
 of any ordinance or regulation of said City Council, and 
 to prevent, regulate and control the driving of cattle, 
 horses and all other animals into or through the streets 
 of the City. 
 
 (f) To establish maximum rates for all kinds of 
 transportation within the city limits and to prevent ex- 
 tortion ; to regulate and to prohibit the blowing of whis- 
 tles of railroad engines or locomotives within the city lim- 
 its, and to regulate the sDeed of railroad engines and 
 locomotives within said limits ; to perserve order and pre- 
 vent noise and confusion in or about the depot on arrival 
 and departure of trains, and to provide how and where 
 hacks or other carriers shall stand or take their position 
 
 35 
 
upon the streets or adjacent or near to saicj depot ; and to 
 provide and fix by ordinance public stands where hacks 
 and drays, baggage wagons or other public carriers shall 
 stand on the streets for the purpose of soliciting business, 
 and to prescribe that they shall not stand, excepting when 
 discharging or receiving passengers or freight, at any 
 points other than those designated in the grdinanqe a? 
 public stands, 
 
 (g) Tq restrain and prohibit the ringing of bell* 
 or blowing qf horns, bugles and whistles, crying of goocls 
 or other noises, practices or performances tending to th^ 
 collection of persons on the streets or sidewalfe, by auc- 
 tioneers and others, fqr the purpose of business, amuser 
 ment or otherwise, ex;cept judicial sales, sal^s for taxe» 
 and the Uke; to prohibit beggars, mendicants or persons 
 of infirm or maimed bodies or suffering with diseases of 
 any kind from soliciting alms, help or assistance upqn 
 the streets or sidew^alks of the city, and to prescribe a 
 penalty by fine for non-observance thereof; to regulate 
 the use of automobiles, motor cars, motorcycles or any 
 other motor vehicles and the speed thereof, to prescribe 
 the proper lighting of same, when used at night, and 
 to prescribe the qualifications required of those using 
 same upon the streets of the City and tq issue permits for 
 the use of such vehicles. 
 
 (h) To prevent all boxing matches, sparring exhi- 
 bitions and punish all persons engaging therein; to pre- 
 vent cockfighting and dog fighting, and to punish all perr 
 sons instigating or encouraging same. 
 
 (i) To prohibt and punish the abuse of animals. 
 
 (j) To license, tax and regulate trades, occupations 
 and professions. 
 
 (k) To prohibit bawdy houses and punish keepers, 
 inmates and patrons thereof, and owners of bulldlnjgs 
 used for immoral purposes; to prohibit variety shows 
 and to punish participation therein; to prohibit, prevent 
 and suppress assignation houses and houses of 111 fame, 
 to determine such Inmates and keepers to be vagrants, 
 and to provide for the punishment of such persons, 
 
 (0 To require, on due notice, all steam or street 
 railway companies owning tracks within the City limits, 
 upon public streets or highways of said City, which have 
 been or may hereafter be abandoned by said companies by 
 nonuse, to remove such tracks and to restore at their ex- 
 pense the street or way unon which abandoned track is 
 located to its former condition. 
 
 36 
 
(m) Tq control and regulate the location and use 
 of all kinds of steam engines and steam boilers in the 
 City, and prescribe the qualifications of persons operating 
 and running same, and to adopt such rules and regula- 
 tions in relation theretQ ag may seem best for the public 
 safety an (J comfort, 
 
 (n) To direct, aontrol and prohibit the laying of 
 railrpad tracks, turn outs an^ switches in the streets, ave- 
 nues and alleys of the City unless the same shall have 
 been authorized by ordinance, and to require that all rail- 
 roads, turn outs and switches shall be so constructed as 
 not to interfere with the drainage of the City and with 
 the ordinary travel and use of the streets, avenues and 
 alleys in said City, and to construct and keep in repair 
 suitable crossings and gates at the intersection of streets 
 avenues and alleys and suitable ditches, sewer and cul- 
 verts, where the City Council shall deem it necessary. 
 
 (o) To make such rules and regulations in relation 
 to butchers, bakers ancj dairyman as they jway deem nee 
 essary and proper, to establish and erect markets and 
 "market houses, and designate, control and regulate market 
 places and houses, dairies and bakeries, whether kept 
 •within or without the City limits, from which meat, 
 bread, or milk is offered for sale within the City limits, 
 and to punish the owners or keepers thereof for the vio- 
 lation of any ordinance or regulation of the City Council, 
 by penalties, fines and imprisonment. 
 
 (p) To prohibit and punish by fine the wilful intro- 
 duction into the City by railroads or other carriers of 
 paupers or persons afflicted with contagious diseases. 
 
 (q) To license, tax, regulate, control, restrict and 
 prohibit the use of and explosion of dynamite, f^re crack- 
 ers or other explosives or f^re works of any and every 
 kind,' whether incliided in the above enumeration or not, 
 and the sale of same, and all noises, amusements or other 
 practices or performances tending to annoy persons or 
 frighten persons c& teams, and the collection of persons 
 on the streets or sidewalks or other public places in the 
 City, whether for purposes of amusement, business, curi- 
 osity or otherwise. 
 
 (ee) To inspect the construction of all buildings in 
 the City, and prescribe and enforce proper regulations In 
 regard thereto, and regulate and locate or prohibit the 
 erection of all poles in the City, and cause the same to be 
 chano-ed. 
 
 Sec. 2. The police department of the City shall be com- 
 
 37 
 
posed of the Chief of Police and as many officers and pa- 
 trolmen as shall be from time to time provided by ordi- 
 nance of the City Council. 
 
 Sec. 3. The Chief of Police, acting under the City 
 Manager, shall be responsible for the discipline and effi- 
 ciency of the police force. All orders shall pass through 
 him, except so far as the rules, regulations and orders of 
 the City Council authorize orders to be given direct to 
 any subordinate on the police force. In addition to the 
 power of dismissal vested in the chief, any member of the 
 force, including the chief, may be removed,suspended or 
 fined by the City Manager upon proper cause shown, and 
 in cases where a fine is imposed, it may in the discretion 
 of the City Manager be deducted from the oflftcer's pay, 
 and a person may be appointed by the City Manager to 
 discharge the duties of such suspended oflftcer or member 
 until the grounds of such suspension can be inquired into 
 by the City Council ; and it shall be the duty of the City 
 Manager to report in writing the dismissal, suspension or 
 fine within three days, with the reasons therefor, to the 
 City Council, and also furnish such dismissed, suspended 
 or fined officer or member with a copy thereof within like 
 time. Whereupon the City Council shall hear and deter- 
 mine any and all charges against the officer or member of 
 the police force. 
 
 Sec. 4 In case of emergency the City Manager shall 
 have power to appoint additional officers and patrolmen 
 for temporary service, but the length of time for which 
 such additional officers or patrolmen shall be employed 
 shall be limited to the time during which such emerge!icy 
 may exist. 
 
 Sec. 5. The police force shall preserve the peace, 
 protect persons and property, obey and strive to enforce 
 so far as it has power, all the ordinances of the City and 
 all criminal laws of the State and the United States ; and 
 each member thereof shall wear a badge and uniform 
 while on duty, so that the people may recognize him as a 
 peace officer : Provided, the City Council may provide for 
 special ununiformed officer or officers. 
 
 Sec. 6.. The Chief of Police and each member of 
 the police force shall have power and authority to pre- 
 serve the peace within the City. They shall execute all 
 process directed to them by the Municipal Judge of the 
 City and all civil and criminal process directed to them 
 by a justice of the peace or other lawful officer in said 
 irrisdiction. 
 
Sec. 7. The Chief of Police shall give bond in such 
 sum as the City Council shall prescribe for the faithful 
 discharge of the duties of his office and for a faithful ac- 
 count of all moneys that may come into his hands by vir- 
 tue of his office. It shall be his duty to attend the Munici- 
 pal Court each day and report any violation of law or 
 ordinance of the City; to collect all fines and penalties 
 imposed and pay the same to the Clerk of the Municipal 
 Court; to execute the process and judgments of said court, 
 and to perform such other duties as may be required of 
 him by law and by the rules and regulations of the City 
 Council or City Manager. 
 
 Sec. 8. The salary of the Chief of Police and the 
 compensation of the other officers and patrolmen of th^ 
 Police Department shall be fixed by the City Council, and 
 they shall receive no other compensation for their ser- 
 vices. All fees now and heretofore prescribed to be taxed 
 as their costs shall be paid to the Clerk of the Municipal 
 Court. 
 
 ARTICLE X. 
 
 HEALTH AND HEALTH DEPARTMENT. 
 
 Section 1. The City of Hickory shall have power, 
 by ordinance duly passed, to regulate burial grounds, 
 crematories and cemeteries, and to prohibit burial within 
 the City limits, if deemed advisable or if found necessary 
 to protect the public health. The City of Hickory shall 
 have power to acquire land and grounds inside or outside 
 ef the City limits, by purchase, gift or otherwise, to be 
 devoted and used for the purpose of a public and private 
 cemetery, and to pass such suitable regulations 
 concerning the burial of the dead in such cemetery 
 and make such suitable regulations for the private sale of 
 lots therein as may be deemed proper by the City Coun- 
 cil ; and the said City shall have power tcf appropriate pri- 
 vate property lying within or without the City limits to 
 be used and devoted for cemetery purposes, as herein 
 stated, by condemnation proceedmgs brought for such 
 purpose, and in all such cases the proceedings had to con- 
 demn shall conform to provisions hereinbefore contained 
 for condemnation of land for streets in Article VIII, Sec. 
 16. 
 
 Sec. 2. The said City shall also have power, by or- 
 dinance duly passed, to condemn as nuisances all build- 
 ings, cisterns, wells, privies and other erections in the 
 City which on inspection shall be found to be unhealthy, 
 unsanitary or dangerous to persons or property, and 
 
 39 
 
cause the same to be abated or removed, at the e:JCpenge of 
 the owner, unless the owner thereof, at his or her own ex- 
 pense, upon notice and with the sanction and authority 
 of the City Council, shall reconstruct the same in such a 
 manner as shall be prescribed by the laws of the City; 
 and as to all buildings, cisterns, wells, privies and other 
 private improvements to be constructed in future, they* 
 shall have the power and it shall be their duty to have 
 the same so constructed as not to interfere with the health 
 of persons or the safety of persons or property Withiii 
 the Cit^i 
 
 Sec. 3. The City of Hickory shall h^Vd th^ right 
 and power by ordinance to provide that the tenant Qf 
 owner of anv property shall p^y to the City I'eagc^n^ble 
 charges fol* the removal of night soil or other refuse mat^ 
 ter from the doSetS Or thi ptinilaes thei'gdf^ and id pi'o- 
 hibit anydnei fix^fept feom§ dnfi ih the eiilploy of the City 
 or by the City atithot*ized to do so, from remoVmg of cdi'-' 
 ryirig away the cdntent^ of any priVy^ Valilt ot* Watei* 
 closet dl- ahy i^e^eptacle of human e3fcrem6nt| and th^ 
 City shall have th§ right to haVe iri^pecited the pt*femises 
 of kW pef§on§, at any hour during th6 day time, ni ths 
 interest of public health; and for the purpose of making 
 such inspection the officer^ oi* agents of the City duly au- 
 thorized to Ad feo §hail have, the right to enter* upon th^ 
 premises of any person at any hour during the dav tim^ 
 td make said inspection. WheneVe? notice is giVen by any 
 6fficer or employee of the City inspecting any premises 
 that said premises need cleaning, the said night soil oi* 
 other* refuse matter shall be removed and the owner of 
 tenant of said pfemises shall pay to the City th^ pric6 pi*^-« 
 scHbed therefoi^, and failure td do ,sq. shall subject said 
 pe^^ons ta the penalties t6 be pf 6gei*ibed by . ordipane^^ 
 and said perfeOns shall be fined upon cdnViction in th^ 
 hiunicipal cduft. in any sUm not leS§ tharl oM dollar* iloi* 
 hiore than tWo hundred dollar's. 
 
 Sec. 4. The City Council may l^e^Uii^e all dWnePg, 
 tenants and occupants of impfov^d pr'operty Which mav 
 be located Upon 6Y heai* any street oi* alley along which 
 ftiay extend any seWer oi* Systehi of Sewerage inat the 
 City may Owri, construct Oi* ^^olltf ol, Oi» that it rriay ac- 
 quire by purchase or othei'wisft, to cOnnect With such 
 SeWer ol* ^y^teiH of s6\v6ra^e all watei:* dosets, sinks 
 or drains located upon their respective property Or prem- 
 ises, so that their contents nlay be made to empty into 
 such sewer or system of seWer'age : Provided, that when- 
 
 40 
 
•ever any tenant or occupant shall be required under any 
 ordinance of the City to make sewer connections or do 
 any other thing, the performance of which the City Coun- 
 cil has the power to compel, such tenant or occupant shall 
 have a lien upon the property for reimbursement, if the 
 primary obligation to do the same was on the landlord, 
 said lien to be enforced by competent proceedings in any 
 court of competent jurisdiction; and the tenant or occu- 
 pant may, when so entitled, under the general principles 
 of set-off, use such claim against his liability for rent. 
 
 Sec. 5. The City Council shall have power to es- 
 tablish, lease, buy, erect, maintain, own and regulate and 
 operate markets and market places, abattoirs and to build, 
 own and maintain buildings therefor, and to rent and 
 lease the same. 
 
 Sec. 6, (a) The City Council shall have power 
 to regulate, license or prohibit butchers and prevent their 
 slaughtering animals within the city limits, and to revoke 
 their license for malconduct in trade, and to regulate and 
 license the sale of fresh meats, fruits and vegetables, and 
 the slaughter of animals, and to license and regulate or 
 prohibit slaughterhouses or the slaughter of animals 
 within the City limits. 
 
 {h) To provide for the inspection of dairies and 
 creameries inside and outside of the City limits and 
 doing business within the City and to charge and 
 provide license fees for said inspection; to establish and 
 maintain a standard of sanitary conditions governing 
 dairies and creameries inside and outside of 
 the City, doing business within the City ; to establish and 
 maintain a standard of quality of all dairy products sold 
 In the City, and to provide for penalties for the violation 
 thereof. 
 
 (c) To compel the owner or occupant of any gro- 
 cery, soap, tallow, or candle establishment, or blacksmith 
 shop, tannery, stable, slaughterhouse or other building, 
 or sewer, privy, hidehouse or other unwholesome or 
 nauseous place or house, to cleanse, remove, fill up, repair 
 or abate the same, as may be necessary for the health, 
 comfort and convenience of the inhabitants, 
 
 (d) To make regulations to prevent the introduc- 
 tion of contagious diseases into the City, to make quaran- 
 tine laws for that purpose, and to enforce them within the 
 City and within one mile thereof. 
 
 (e) To authorize the destroying of clothing, bed- 
 ding, furniture and buildings infected with the germ of 
 
 41 
 
any infectious and dangerous disease, when the public 
 health requires the destruction of the same, and may 
 also, by ordinance duly passed, authorize the destruction 
 or removal of buildings or other objects, after the same 
 shall have been declared a nuisance and to be dangerous 
 to the health or lives of the citizens of the City. 
 
 (f) To prevent any person from bringing, deposit- 
 ing or having within the City limits the carcasses of any 
 dead animals or other unwholesome substance or matter 
 of filth of any kind, and to require prompt removal of 
 the same and impose all necessary penalties for the en- 
 forcement of such powers. 
 
 (g) To regulate the burial of the dead, the registra- 
 tion of births and deaths, direct the keeping and return- 
 ing of bills of mortality, and impose penalties on physi- 
 cians, undertakers, sextons and others for any default in 
 the premises. 
 
 Sec. 7. The City of Hickory shall have power, 'by 
 ordinance duly passed, and it shall be its duty, to estab- 
 lish and maintain the City Health Department, to be com- 
 posed of the City Physician, to be appointed by the City 
 Council for a term of two years; a sanitary officer, who 
 may also be a police officer, and such other employees as 
 the City Council may deem necessary. The City Physician 
 shall present a list of names for the subordinate positions 
 in the Health Department, and the City Council shall 
 select aforementioned subordinate officers fi-om this list. 
 
 Sec. 8. The City Physician shall be the chief 
 health officer of the City and the sanitary officer and 
 other employees, if any, of the department shall obey his 
 orders and instructions. It shall be his duty from time to 
 time to present in writing to City Council proposed health 
 ordinances, which the City Council may adopt or reject 
 but can not amend. 
 
 Sec. 9. The City Physician, the sanitary officer, or 
 other officer designated by the City Council for this pur- 
 pose, shall have power to remove, abate or 
 remedy, or cause to be removed, abated or remedied, 
 everything within the City limits, or within a mile of 
 said limits, which is dangerous or prejudicial to the pub- 
 lic health; and the expense of such action shall be paid 
 by the person in default, and if not paid shall be a lien 
 upon the land or premises where the trouble arose, and 
 shall be collected as unpaid taxes. 
 
 Sec. 10. It is hereby declared a misdemeanor for 
 any person to sell or offer for sale in the City any un- 
 
 42 
 
sound articles for food, and any person convicted of any 
 violation of th^'s section shall be fined or imprisoned in the 
 discretion of the court. 
 
 ARTICLE XL 
 
 FIRES AND FIRE DEPARTMENT. 
 
 Section 1. The City Council shall have power to 
 provide for the organization, equipment, maintenance 
 and government of fire companies and a fire department ; 
 and in its discretion, may provide for a paid fire depart- 
 ment, and for this purpose may create such offices and 
 employees with such compensation as to the council may 
 seem right and proper: Provided, the organization and 
 government of fire companies or fire department shall not 
 be inconsistent with the provisions of this article. 
 
 Sec. 2. The Chief of the Fire Department shall be 
 the executive officer of the department or companies, un- 
 der the direction of the City Manager, and shall have 
 direct control of the other officers, firemen and employees 
 in the department or companies, under such rules as may 
 be adopted by the City Council. 
 
 Sec. 3. The Chief of the Fire Department and his 
 assistants shall have full police powers while on duty dur- 
 ing fires, and are authorized to make arrests without war- 
 rant for interference with or obstruction to their opera- 
 tion. 
 
 Sec. 4. In the event of an alarm of fire the appa- 
 ratus of the fire department or companies shall have the 
 exclusive rie-ht of way in and upon streets, alleys, squares 
 and railroad crossings in going to any fire, and while go- 
 ing to a fire, as well as at a fire, it shall be unlawful for 
 any person whatsoever to interfere with the firemen or 
 their aDparatus or appliances in any way, and the City 
 Council shall, by proper ordinances, provide for the pun- 
 ishment of any person so interfering. 
 
 Sec. 5. The City Manager and Chief of the Fire 
 Department shall have the same power and authority in 
 reference to the dismissal, suspension or fining any offi- 
 cer or member of the fire department or companies as 
 that provided to be exercised by the City Manager and 
 Chief of Police in reference to the officers or members of 
 the police department. 
 
 Sec. 6. The City Council may establish and main- 
 tain fire limits in the City, in which it shall be unlawful 
 to erect, alter and repair wooden buildings or structures 
 or additions thereto ; it may also prohibit the removal of 
 buildings or additions or structures of any kind into said 
 
 43 
 
^ 
 
 limits, or from one place to another within the limits, and 
 make such other regulations as may be deemed best for 
 the prevention and extinguishment of fires. 
 
 Sec. 7. The City Council may make rules and regu- 
 lations governing the erection and construction of build- 
 ings in the City so as to make them as safe as possible 
 from fire ; and in case of fire the Mayor, or a member of 
 the City Council, the City Manager and the acting Chief 
 of the Fire Department, or the acting Chief of the Fire 
 Department and any two of the other officers named 
 may order the blowing up, tearing down, or destruction 
 in any other way that may seem best, of any building, 
 when it is deemed necessary to stop the progress of the 
 fire ; and no individual shall be held liable, civilly or crim- 
 inally, for acting in obedience to the orders thus given. 
 ARTICLE XIL 
 
 WATER WORKS AND SEWERAGE DEPARTMENT. 
 
 Section 1. The Water Works and Sewerage De- 
 partment shall embrace all property, rights, and obliga- 
 tions of the City of Hickory in respect to water works 
 and sewerage, and shall in so far as practicable, be ad- 
 ministered as an entity. To that end all contracts, rec- 
 ords and muniments of title pertaining thereto shall be 
 assembled and carefully preserved, and accounts shall be 
 kept of its assets, liabilities, receipts and disbursements, 
 separate and distinct from the accounts of any other de- 
 partment or branch of the City Government. 
 
 Sec. 2. The Water Works and Sewerage Depart- 
 ment of the City of Hickory shall be composed of the City 
 Manager and such other officers and employees as the City 
 Council may deem necessary to execute the duties of the 
 department. The City Manager shall be the executive 
 officer of the department, and shall have the direction of 
 other officers and employees, subject to the rules and reg- 
 ulations prescribed by the City Council. 
 
 Sec. 3. The City Council shall have the power to 
 acquire and hold, in the. name of the City, rights of way, 
 water rights, sewerage outlets, and other property with- 
 in and without the City limits, and the City Council shall 
 have power to Condemn and take rights of way, ease- 
 ments, water rights, sewerage outlets and other property 
 within and without the corporate limits of the City for 
 the purpose of extending, getting, storing, maintaining 
 and furnishing a pure and adequate water sunply, and of 
 extending, maintaining and furnishing an adequate sys- 
 tem of sewerage and of securing proper and adequate out- 
 
 44 
 
let or outlets therefor. The proceedings in said condemn- 
 ^tion shall be the same as are herein provided for the 
 condemnation of land for street purposes. 
 
 Sec- 4 The City Manager shall have, under ordi- 
 nances of the City Council, entire supervision and control 
 of the maintenance, improvement and management of the 
 said system, and shall fix such uniform rates for water 
 and sewerage as he may deem advisable and just, and 
 shall fix the time or times when said water and sewerage 
 rents shall become due and payable. 
 
 Sec. 5 When any water or 'sewerage connections 
 are discontinued by any officer or agent of the City in 
 accordance with the provisions of an ordinance, it shall 
 he unlawful for any person, firm or corporation, other 
 than the City Council, or its agents or employees, to make 
 said connections or to use the same, without having first 
 obtained permission from the City Manager or some of- 
 ficer of this department. 
 
 Sec. 6, The City Council shall out of any money 
 received by it from the operation of the water works and 
 sewerage system pay, first the operating expenses of said 
 systems; second, the interest upon such of the bonds of 
 the City of Hickory as were sold for the purpose of rais- 
 ing money to erect, construct, and enlarge said system, 
 and the balance remaining, shall be invested by the City 
 Council, and shall remain and be known as a sinking fund 
 to meet the payment of said bonds at their maturity. 
 
 Sec. 7. That the City Physician shall devote such 
 time as may be necessary to the inspection of the public 
 "water-shed and examinations of the public water supply, 
 and make his reports of the same to the City Council. 
 
 Sec. 8. If any person or persons shall maliciously 
 or wilfully divert the water or any portion thereof from 
 the said water works, or shall corrupt or render the same 
 impure, or shall injure or destroy or obstruct any canal, 
 aqueduct, pipe, or other property used or acquired for 
 the proper operation of said systems, or either of them, 
 said person shall be guilty of a misdemeanor and upon 
 conviction, shall be fined not exceeding five hundred dol- 
 lars, or shall be imprisoned not exceeding one year, at 
 the discretion of the court. 
 
 Sec. 9. The City Council shall have full power and au- 
 thority to apply by ordinance the provisions of Sec. 4 to Sec- 
 tion 13 inclusive of Article VIII, to the extension of the 
 Water Works and Sewerage Systems of the City of Hick- 
 ory. An ordinance applying said sections to said systems 
 
 45 
 
shall, for any and all intents and purposes, have the same 
 effect as if said sections were herein set forth. 
 ARTICLE XIII. 
 
 FINANCE AND TAXATION. 
 
 Section 1. No contract shall ever be made which 
 binds the City to pay for personal service to be rendered 
 for any stated period of time, but all contracts involving 
 personal service shall be restricted to the doing of some 
 particular act or thing, and upon its completion no fur- 
 ther liability s^-ill exist on the part of the City, nor shall 
 the City of Hickory, or any one acting for it, make any 
 contract for supplies for current use for any department 
 of the City for a longer period of time than twelve 
 months, and so far as practicable all supplies purchased 
 for the use of any or all the departments of said City 
 shall be made or let upon competing prices therefor. 
 
 Sec. 2 No contract shall be given until after an ap- 
 propriation has been made therefor, nor in excess of the 
 amount appropriated, and all contracts w^henever practi- 
 cable shall be upon specification and no contract shall be 
 binding upon the City unless it has been signed by the 
 City Manager and by a member of the City Council, who 
 shall have been duly authorized to sign the said contract 
 by an ordinance adopted at a regular meeting of the City 
 Council, and the expense thereof charged to the proper 
 appropriation. Whenever the contracts charged against 
 any appropriation equals the amount of said appropriation 
 no further contract shall be signed. 
 
 Sec. 3. All tentative or proposed contracts of 
 whatever character pertaining to public improvements 
 or the maintenance of public property of said City in- 
 volving an outlay of as much as two hundred dollars, 
 shall be submitted upon sDecifications to be prepared and 
 submitted to and approved by the City Council, and aft^ 
 such approval advertisement for the proposed work or 
 matters embraced in said proposed contract shall be made 
 inviting competitive bids for the work proposed to be 
 done, which said advertisement shall appear at least twice 
 in some weekly newspaper or at least five times in a daily 
 newspaper published in the City of Hickory. All bids 
 submitted shall be sealed, shall be opened by the Mayor in 
 the presence of the City Council in a meeting assembled 
 and shall remain on file in the City Manager's office and be 
 open for public inspection for at least forty-eight hours 
 before any award of said work is made to any competitive 
 bidder. The City Council shall determine the most ad- 
 
 46 
 
vantageous bid for the City and shall enter into a con- 
 tract with the parties submitting the same. However, the 
 City Council shall always in every advertisement of pub- 
 lic work or contract involving as much as two hundred 
 dollars reserve the right to reject any and all bids. Pend- 
 ing the advertisement of work or contract proposed, spec- 
 ifications therefor shall be on file in the office of the City 
 Manager subject to the inspection of all parties desiring 
 to bid: Provided, this section shall not be construed to 
 prohibit the City Council from having work done by day 
 labor, from purchasing materials in accordance with the 
 other provisions of thisCharter and under such rules and reg 
 ulations as said Council may by ordinance prescribe : And 
 Provided, further, this section shall not be construed to 
 apply to contracts for lighting the streets and public 
 buildings of the city. 
 
 Sec. 4. The City Manager shall be the purchasing 
 agent of the City Council, and all property, supplies, and 
 material of every kind \yhatsoever, shall, upon the order 
 of the City Council, be purchased by him, and when so 
 purchased, the bills therefor shall be submitted to and 
 approved by the City Council before the same are paid. 
 
 Sec. 5. The City Council shall, during the month of 
 May of each year, or as soon thereafter as is practicable, 
 make a careful estimate of the probable revenues of the 
 City, for the next fiscal year and apportion the same to- 
 gether with any surplus left over to the general fund 
 from the preceding year, as herein provided, to the sev- 
 eral departments of the City Government, reserving from 
 said estimate not more than ten per cent, and not less 
 than seven per cent, of the total amount of the revenue 
 estimated, as above provided, to be used in case of emer- 
 gencies. Any unexpended portion of said reserved fund 
 created for any fiscal year shall constitute a part of such 
 roserve fund for the ensuing year. Such estimate or budget 
 shall be prepared, in such detail as the said Council shall 
 deem advisable, and in order to enable the said coun- 
 cil to properly make the apportionment hereinbefore re- 
 quired, the City Manager and the heads of each depart- 
 ment of the City shall, at least ten days before said ap- 
 portionment is made, furnish in writing to said council, 
 estimates in detail of the amounts needed. The estimates 
 in detail furnished by the City Manager shall be of the 
 amounts needed for the entire City Government and those 
 furnished by the heads of the department of the amounts 
 needed for their respective departments. All of which 
 
 47 
 
estimates shall be considered by the City Council m de- 
 termining the amount apportioned to each department of 
 the City. 
 
 Any apportionment made by the City Council to any 
 department of the City may at any time be increased or 
 reduced, or may be diverted from one department to an- 
 other by a majority vote of the City Council. If at the 
 end of the fiscal year any surplus remains to any depart- 
 ment of the City for which an apportionment was made, 
 the same shall be credited to the general funds of the 
 City, and shall form part of the general funds for the 
 next ensuing fiscal year. That at the end of each month 
 during the fiscal year each of the heads of the various 
 departments of the City shall file with the City Manager 
 an itemized report of all moneys received and disbursed 
 by his department, and showing for what and to whom 
 such money was paid and for what and from whom re- 
 ceived. 
 
 The City Manager, at the first of each month during 
 the fiscal year, shall file with the City Council an item- 
 ized report of all moneys received and disbursed by any 
 and all officers of the City Government during the preced- 
 ing month, and showing from whom and for what such 
 money was received and to whom and for what paid. To 
 the said report shall be attached the monthly reports- of 
 each of the heads of the various departments of the City. 
 The City Manager's report for the preceding month shall 
 be published during the second week of each month in 
 some newspaper published in the City of Hickory. 
 
 Sec. 6. That at their first meeting in May of each 
 and every year, or as soon thereafter as is practicable, the 
 City Council shall, by ballot, elect a City Treasurer, who 
 must be a person other than the City Manager and who 
 shall receive a sum not exceeding one-third of one per 
 cent, of the amount of funds paid into his office. 
 
 Sec. 7. The City Treasurer shall give bond, in some 
 bonding company, in such sum and form, and with such 
 conditions as may be required by the City Council, the 
 amount of said bond shall not be less than $7,500.00, and 
 the same to be approved by the City Council, said bond 
 to be paid for out of the regular expense funds of the 
 City. It shall be his duty to call on all persons having in 
 their hands any moneys or securities belonging to the City 
 which ought to be paid and delivered into its treasury, to 
 surrender the same to him, and to receive and safely keep 
 and pay out the same only on warrants, signed by the 
 
 48 
 
City Manager and countersigned by some other person 
 to be designated by the City Council. All moneys be- 
 longing to said City and received by any officer or agent 
 thereof from any source whatsoever, shall, unless other- 
 wise herein directed, be by him turned over to said 
 Treasurer, as hereinafter provided, for which the Treas- 
 urer shall give a receipt to the party so paying. Said 
 Treasurer shall keep in books provided for that purpose, 
 a full and correct account of all moneys received and 
 disbursed by him and shall render a statement of his re- 
 ceipts and disbursements to the City Council at the first 
 of each month, and at such other times as may be re- 
 quired of him by said council. The City Council shall 
 have the right to require a new bond whenever, in their 
 opinion, the existing bond is insufficient, and whenever 
 such new bond is required he shall do no official act 
 until said bond shall be given and approved in the man- 
 ner aforesaid. The City Council may, in their discre- 
 tion, select one or more banks in the City as depository 
 banks for the City of Hickory, and should such bank or 
 banks be so selected as above provided it shall then be the 
 •duty of said treasurer to make daily deposits of such sums 
 and moneys as shall be received by him from all sources 
 whatsoever to his credit as Treasurer in one or more of 
 said banks and such depository banks or bank, before 
 any such deposit is made therein, may be required to en- 
 ter into an obligation with the said City Council to pay 
 into the Treasurer of said City interest at a rate to be 
 fixed by said City Council, not exceeding legal rate of in- 
 terest in North Carolina, which shall be paid at the end 
 of each month and shall be based on the daily average 
 balances for the month ; provided, the rate of interest to 
 be paid by said bank or banks may at any time be changed 
 by the City Council but never to exceed legal rate. The 
 said bank or banks may, in the discretion of the City 
 Council, be required also to execute a good and suftcient 
 bond with sureties to be approved by the City Council, 
 and conditioned that such bank or banks will safely keep 
 and account for and pay over said money on demand 
 and as ordered by the City Council. All interest Daid 
 by any such bank upon such balance shall be collect- 
 ed by the Treasurer of the City, and shall be by him re- 
 ported in his next statement following such collection, and 
 shall be considered and treated as part of the general 
 funds of said City, subject to its use for any legitimate 
 or municipal purpose. That whenever required by this 
 
 49 
 
charter or by the City Council said Treasurer shall keep 
 the funds and the accounts thereof of the different de- 
 partments of the City separate. Said Treasurer shall: 
 do and perform such other acts as the City Council may 
 require of him, and on the expiration of his term of of- 
 fice, or upon the same being for any reason vacated, he 
 shall deliver to his successor in office all the moneys, se- 
 curities and other property which are, or ought to be in 
 his hands by virtue of his office. 
 
 Sec. 8. The City Manager in the collection of taxes- 
 shall be vested with the same power and authority as is. 
 given by the State to sheriffs for like purpose,, and shall 
 be subject to the same fines and penalties on failure or 
 neglect of duty. It shall be his duty to collect all taxes 
 levied by the City Council, and he shall be charged with 
 the sums appearing on the tax list as due for city taxes. 
 He shall at no time retain in his hands over two hundred 
 dollars for a longer time than seven days, under a penalty 
 of ten per cent, per month to be paid to the city upon all 
 sums so unlawfully retained. In his settlement with the 
 City Treasurer he shall be credited with all poll taxes 
 and taxes of personal property which the City Council 
 shall declare to be insolvent and uncollectable, and with 
 such amounts as may be involved in suit by appeal from 
 the ruling of the council, and he shall be charged with and 
 shall pay over all other sums appearing on the tax list as: 
 hereinbefore provided. After the accounts of the City 
 Manager shall have been audited and settled, the same 
 shall be reported to the City Council and, when approved 
 by them the same shall be recorded in the minute book of 
 said council, and shall be prima facie evidence of correct- 
 ness, and impeachable only for fraud or specified error. 
 
 Sec. 9. That for the purpose of raising revenue for 
 defraying the expenses incident to the proper govern- 
 ment of the city, the City Council shall have power, and 
 they are hereby authorized to levy and collect, for general 
 purposes, an annual ad valorem tax on all real and per- 
 sonal property within the corporate limits, of 
 said city, and on all personal property including money 
 on hand and solvent credits owned by residents of said 
 city, and on all other property subject to an ad valorem 
 tax under the laws of the State of North Carolina, not 
 exempt from taxation by the constitution and laws of 
 the said State, of and at the rate of not exceeding ninety- 
 five cents on the one hundred dollars valuation of said 
 property and a tax not exceeding two dollars and eighty- 
 
 50 
 
five cents on each taxable poll, and for the purpose of 
 paying interest on municipal bonds the City Council 
 shall levy and collect an annual ad valorem tax on all 
 property subject to taxation, as hereinbefore provided, of 
 not more than thirty-five cents on the one hundred dollars 
 valuation of said property and a tax not exceeding one 
 dollar and five cents on each taxable poll. The term ''real 
 property, "as usen in this article, shall be construed to mean 
 the same as defined in section 2857 of the Revisal of 
 1905, and the term ''personal property", as used in this 
 article, shall be construed to mean all property v^hich is not 
 real. The taxes hereby authorized to be levied shall be- 
 come due and payable on September the first of each year, 
 and a d^-scount may be allowed by the City Council for the 
 payment of taxes as follows: For the payment of all 
 taxes during the said month of September two per cent., 
 during: the month of October ome per cent., during the 
 month of November one-half of one per cent. And for 
 all taxes not paid prior to January the first following, the 
 City Council shall charge the following penalties: For 
 taxes paid during the said month of January a penalty 
 ♦of one per cent, during the month of February a penalty 
 of two per cent, and for each additional month, or a frac- 
 tion thereof, thereafter said taxes shall remain unpaid, 
 there sball be added an additional penalty of one per cent., 
 which penalty shall be charged and collected as part of 
 and in the same manner as such taxes. 
 
 Sec. 10. The said City Council may also levy, and 
 ^collect for general purposes, a tax upon all dogs kept in 
 the city, and which may be so kept on the first day of 
 May of each year. The said tax shall not exceed five 
 dollars and any dopi-s so taxed shall be the subject of 
 l?rceny; provided, that a discrimination within the limit 
 above fixed may be made by said council on the different 
 species and sexes of dogs. 
 
 Sec. 11. The City Council shall have power to pro- 
 vide all ordinances for the assessing and prompt collec- 
 tion of all taxes, and to regulate the manner, mode and 
 form of making out and swearing to tax lists or inven- 
 tories and the appraisement of property in said city, and 
 to prescribe how and when property shall thus be ren- 
 dered, and shall also prescribe the number and form of 
 assessment rolls and fix and define the number, the duties 
 and powers of list takers, appraisers, and all other ofldcers 
 Dr agents that may be necessary for collecting the taxes, 
 and shall adopt such measures and regulations, and pre- 
 
 51: 
 
scribe and enforce such penalties as ft may deem ad- 
 visable, to secure the due and proper assessment of all 
 property within the limits of the city, and the collection 
 of taxes thereupon. If all of such taxes are not paid on 
 or before the first day of March, next following the listing 
 of said taxes, the City Manager shall proceed to collect 
 such taxes and penalties by distress and sale as provided 
 by law. 
 
 Sec. 12. The City Manager shall, after the most 
 diligent inquiry, and by comparing his book with the 
 county tax books, make out a list of all persons liable for 
 poll tax, or for taxes on property, who have failed ta 
 return a list in the manner and in the time prescribed, 
 together with the estimated value of all property not 
 listed, and shall enter such persons in a separate part of 
 his book, and shall charge them up with double taxes. 
 No person shall be excused from paying said double 
 tax except on application to the City Council and for 
 causes shown. 
 
 Sec. 13. All persons who own property and who 
 wilfully fail to list it within the time allowed by law, and 
 all persons who are liable for poll tax to the said city and 
 who shall wilfully fail to give themselves in, shall be 
 deemed guilty of a misdemeanor, and on conviction 
 thereof, shall be fined not more than twenty-five dollars 
 or imprisoned not more than ten days, and it shall be the 
 duty of the City Manager to prosecute the offenders 
 against this section. 
 
 Sec. 14. The lien for taxes for any and all purposes 
 in each year shall attach to all the real estate of the tax 
 payers within the city on the first day of June annually, 
 and shall continue until such taxes, with any penalty and 
 costs which shall accrue thereon, shall be paid. But there 
 shall be no lien for taxes on the personal property of the 
 tax paper until there has been a levy thereon. 
 
 Sec. 15. That in addition to the subjects listed for 
 taxation the City Council for the purpose of raising 
 revenue, may levy an annual license tax on the following 
 subjects, the amount of which taxes shall be collected by 
 the City Manager, and if not paid when due the same 
 may be recovered by suit brought in the name of the city, 
 or the articles upon which the tax is imposed or any other 
 property of the licensee may be forthwith distrained and 
 sold to satisfy said tax, namely: 
 
 (a) Upon all itinerant merchants or peddlers vend- 
 ing or offering to vend in the city, a license tax not ex- 
 
 52 
 
ceeding fifty dollars a year, except such only as sell books, 
 charts, maps or wares of their own manufacture, but not 
 excepting vendors of medicine by whomsoever manufac- 
 tured; and not more than one person shall peddle under a 
 single license. 
 
 (b) Upon every billiard table, bowling table, 
 bowling alley, or alley of like kind, bowling saloon, baga- 
 telle table, pool table, or table, stand or place for any 
 other game or play, with or without a name, kept for hire, 
 or in a house used or connected with a hotel or restaurant, 
 a license tax not exceeding fifty dollars. 
 
 (c) Upon every hotel a license tax not exceeding 
 fifty dollars; upon every boarding house with 
 more than ten boarders, and every restaurant and eating 
 house, a license tax not exceedingtwenty-five dollars;andthe 
 City Council may levy the license taxes provided 
 for in this subsection, according to the size, patronage 
 or income of the hotels, boarding houses, restaurants, 
 and eating houses. 
 
 (d) Upon every circus, company of circus riders 
 or performers by whatever name called, who shall exhibit 
 within the city, or within one mile of the corporate 
 limits, a license tax not exceeding one hundred 
 dollars for each performance or separate exhibition, 
 and upon every side show connected therewith, a license 
 tax not exceeding twenty-five dollars, the tax to be paid 
 before exhibition, and, if not, to be doubled. 
 
 (e) Upon every person or company exhibiting within 
 the city, or within one mile of the corporate limits, any 
 stage or theatrical plays, sleight-of-hand performances, 
 rope dancing, tumbling, high diving, wire dancing or 
 menageries, a tax not exceeding twenty-five dollars for 
 every twelve hours allowed for exhibiting, the tax to be 
 paid before exhibiting, or the same shall be doubled. 
 
 (/) Upon every exhibition for reward of artificial 
 curiosities, models of useful inventions excepted, within the 
 city or within one mile thereof, a tax not exceedingtwenty- 
 five dollars, to be paid before exhibiting, or the same shall 
 be doubled. 
 
 (g) Upon each show or exhibition of any other 
 kind, and on each concert for reward unless for religious 
 or charitable purposes, or by pupils of schools of the city, 
 for school purposes, within the city or within one mile there- 
 of, and on every strolling musician, a tax not exceeding 
 ten dollars, to be paid before exhibiting, or the same shall 
 be doubled: Provided, however, that plays, shows or 
 
 53 
 
other amusements given in a regularly licensed hall or 
 opera house shall not be taxed. 
 
 (h) Upon every auctioneer or crier of goods at 
 public auction, a license tax not exceeding fifty dollars. 
 
 {i) Upon every stock and bond broker, oil agency, 
 dealer in or manufacturer's agent of musical instruments, 
 keeper of livery stables or stock yards doing business 
 within the city, a license tax not exceeding ten dollars a 
 year. 
 
 (j) Upon every person engaged in the business of 
 
 posting, distributing or tacking up bills, posters, signs or 
 advertisements of any kind, a license tax not exceeding 
 twenty-five dollars. 
 
 {k) Upon every shooting gallery, skating rink, 
 street huckster, ice dealer, dealer in wood and coal or 
 either, a license tax not exceeding twenty dollars a year. 
 
 (I) Upon every telephone or electric light company, 
 power company, street railway company, waterworks 
 company furnishing water to the citizens of Hickory, or 
 gas company, a license tax not exceeding one hundred 
 dollars per annum. 
 
 (m) Upon each marble yard, undertaker, plumber, 
 persons putting gas or water fixtures in houses or yards, 
 and persons engaged in the electric wiring of buildings 
 for light, power or heat, a license tax not exceeding ten 
 dollars. 
 
 {n) Each garage, rope walker, itinerant dealer 
 in lightning rods and stoves, every dealer in fertilizer, 
 civil engineer, aurist, chiropodist, or any person engaged 
 in the sale of any specifics, buggy or wagon agent, or 
 any person oflFering vehicles for sale as a business, each 
 architect or builder, cigar manufactory, tobacco factory 
 tobacco warehouse, each dancing school, every agent 
 for the sale of machinery, engines, every soda or mineral 
 water fountain, every stallion or jack standing in the city, 
 every lecturer for reward except for religious or chari- 
 table purposes, each dairy wagon, dairy vehicle, land 
 agent or land broker, each butcher, persons selling 
 jewelry or any other article having a prize given there- 
 with, each printing office, each dealer in patent rights, a 
 license tax not exceeding ten dollars. 
 
 (o) Upon every bank or banker, each junk shop or 
 dealer in metals, cordage, etc., every mill, manufactory, 
 machine shop or foundry, a license tax not exceeding fifty 
 
 54 
 
dollars a year. 
 
 (v) Upon all merchants, commission merchants 
 and commercial brokers, a license tax not exceeding 
 twenty dollars a year. 
 
 (q) Upon every omnibus, hack, cab, carriage, dray, 
 baggage wagon, automobile, used to transport persons, 
 baggage, freight, or other articles for hire, a license tax 
 not exceeding twenty dollars. 
 
 (r) On moving picture shows a license tax not ex- 
 ceeding twenty d s. 
 
 (s) On moving picture shows in connection with 
 vaudeville acts or on vaudeville shows alone a license tax 
 not exceeding fifty dollars. 
 
 {t) On each room or hall used a^ a theatre or opera 
 house, a license tax not exceeding fifty dollars; on each 
 firm or corporation selling pistols, bowie knives, dirks, 
 sling shots, brass knucklers, or other deadly weapons, in 
 addition to all other taxes a license tax not exceeding 
 fifty dollars. 
 
 (u) On any business, profession, trade or avocation 
 of any kind carried on in the City of Hickory not herein- 
 before enumerated a license tax not exceeding one hun- 
 dred dollars nor less than ten dollars. 
 
 Sec. 16. The license year shall begin on the first day 
 of June of each and every year. 
 
 Sec. )17. The City Council shall have power to grad- 
 uate any of the license taxes permitted in this article, by 
 dividing the business into classes according to the size, 
 patronage or income: Provided, the said taxes must be 
 uniform for all in a class. 
 
 Sec. 18. That in addition to the subjects enumerat- 
 ed in the foregoing the City Council shall, for the purpose 
 of raising revenue, have power to tax all persons, firms 
 or corporations and all subjects of taxation which, under 
 the constitution and laws of the State of North Carolina, 
 are taxable by the General Assembly for State and county 
 purposes: Provided, such tax shall not exceed one-half 
 of that levied annually on like subjects by the State and 
 county for State and county purposes. 
 
 Sec. 19. That the City Council may provide that all 
 licenses issued hereunder shall be kept posted in such 
 place as they may deem right and proper. 
 
 Sec. 20. The City Council may regulate and license 
 chauffeurs, those who run their own automobiles or those 
 of others, plumbers, and those engaged in the electric 
 wiring of buildings for light, power or heat, and before 
 
 55 
 
issuing a license, may require the applicant to be ex- 
 amined and to give bond in such sum and upon such con- 
 ditions as the council may determine, and with such 
 sureties as it may approve, and said council may, for 
 imcompetency on the part of .such licensees or for refusal 
 to comply with the ordinances relating to such business, 
 or for any other good causes, revoke any license issued 
 hereunder. 
 
 Sec. 21. No person, firm or corporation shall do any 
 kind of plumbing or electrical wiring of buildings without 
 first having obtained a license from said council. 
 
 Sec. 22. That no license issued hereunder by said 
 council shall be for more than one year, and same shall 
 not be transferable or assignable except by the permission 
 of the City Council. 
 
 Sec. 23. Any person carrying on or practising any 
 business, profession, trade or avocation of any kind upon 
 which a license tax has been levied, without first haying 
 obtained a license therefor, shall be guilty of a misde- 
 meanor, and shall, upon conviction, be fined not more than 
 fifty dollars, or imprisoned not more than thirty days. 
 
 Sec. 24. That no license shall be issued, as herein 
 provided, before the license tax shall have been paid. 
 
 Sec. 25. The City Council shall create a sinking 
 fund of not less than two per centum per annum of the 
 present bonded indebtedness of the City of Hickory. The 
 funds so created shall be a special fund to provide for the 
 payment of said bonded indebtedness, or for the payment 
 of bonds issued in lieu thereof, and shall not be drawn 
 upon or diverted for the payment of the interest on said 
 bonds or any other purpose whatever, and the City Treas- 
 urer of the City of Hickory shall honor no draft UDon 
 said fund, except to redeem the bonds for which the fund 
 w^as created. The City Council may, in its discretion, 
 postpone the creation of said sinking fund until after the 
 year 1914 ; and from the beginning of the municipal year 
 of 1915, the City Council shall have no discretion and the 
 sinking fund shall and must be created for the amount 
 heretofore stated. 
 
 ARTICLE XIV. 
 the initiative. 
 
 Section 1. Any proposed ordinance may be sub- 
 mitted to the Council by a petition signed by the qualified 
 registered electors of the city equal in number to the per- 
 centage hereinafter required. 
 
 Sec. 2. The provisions of Section 3 of Article III. 
 
 56 
 
Tespecting the forms and conditions of the petition and 
 the mode of certification and filing shall be substantially 
 followed, with such modification as the nature of the case 
 requires. 
 
 Sec. 3. If the petition accompanying the proposed 
 ordinance be signed by electors equal in number to twenty- 
 five per centum of the qualified, registered voters of the 
 City of Hickory, and contain a request that said ordinance 
 be submitted forthwith to the vote of the people at a 
 ^special election, then the Council shall either: 
 
 (a) Pass said ordinance without alternation within 
 twenty days after ihe attachment of the City Manager's 
 •certificates of sufl[ici«ncy to the accompanying petition 
 
 (subject to a referendary vote, under the provisoin of 
 Article XV. of this Charter) ; or 
 
 (b) Within twenty-five days after the City Man- 
 ?iger shall have attached to the petition accompanying 
 such ordinance his certificate of suflficiency, the Council 
 shall proceed to call a special election at which said ordin- 
 ance without alteration shall be submitted to a vote of the 
 people. 
 
 Sec. 4. If the petition be signed by electors equal in 
 number to twenty-five per centum of the qualified, regis- 
 tered voters of the City of Hickory, and said ordinance 
 be not passed by the Council as provided in the preceding 
 •subdivision, then such ordinance, without alteration, shall 
 be submitted by the Council to a vote of the people at the 
 next general municipal election that shall occur at any 
 time after twenty days from the date of the City Man- 
 ager's certificate of sufficiency attached to the petition 
 accompanying such ordinance. 
 
 Sec. 5. Whenever any ordinance or proposition is 
 required by this charter to be submitted to the voters of 
 the city at any election, the Council shall order such or- 
 dinance or proDOsition to be published in one or more 
 newspapers of the city for a period of twenty days imme- 
 diately preceding the next general municipal election. 
 
 Sec. 6. The ballots used when voting uiDon such 
 proposed ordinance shall contain the words, "For the 
 Ordinance" (setting forth in full the title thereof and 
 stating the general nature of the proposed ordinance) 
 and shall be authenticated with a facsimile of the City 
 Manager's signature. If a majority of the qualified elec- 
 tors voting on said ordinance shall vote in favor thereof , 
 such ordinance shall thereupon become a valid and bind- 
 ing ordinance of the city. 
 
 57 
 
Sec. 7. Any number of proposed ordinances may 
 be voted upon at the same election, in accordance with 
 the provisions of this article. 
 
 Sec. 8. The Council may submit a proposition for 
 the repeal of any such ordinance, or for amendments 
 thereto, to be voted upon at any succeeding general muni- 
 cipal election ; and should such proposition, so submitted,, 
 receive a majority of the votes cast thereon at such elec- 
 tion, suck ordinance shall be repealed or amended accord- 
 ingly. An ordinance proposed by petition, or adopted by 
 a vote of the people, can not be repealed or amended ex- 
 cept by a vote of the people. 
 
 Sec. 10. The Council may, by ordinance, make such 
 further regulations as may be necessary to carry out the 
 provisions of this section. 
 
 the referendum. 
 
 Section 1. No ordinance passed by the council shall 
 go into effect before thirty days from the time of its final 
 passage except when otherwise required by the general 
 laws of the State or by the provisions of this charter, and 
 except an ordinance for the immediate preservation of the 
 public peace, health or safety, which contains a statement 
 of its urgency; provided, that no grant of any franchise 
 shall be construed to be an emergency measure, but all 
 franchises shall be subject to the referendum vote herein 
 provided. If during said thirty days a petition signed by 
 qualified registered electors of the city equal in number 
 to at least twenty-five per centum of the qualified, regis- 
 tered voters of the City of Hickory, protesting against 
 the passage of such ordinance, be presented to the council, 
 the same shall thereupon be suspended from going into 
 operation and it shall be the duty of the council to recon- 
 sider such ordinance, and if the same be not entirely re- 
 pealed, the council shall submit the ordinance, as is pro- 
 vided in Article XIV. of this charter, to the vote of the 
 electors of the city, either at the next general municipal 
 election or at a special election to be called for that pur- 
 pose, and such ordinance shall not go into effect or be- 
 come operative unless a majority of the qualified electors 
 voting on the same shall vote in favor thereof. The pro- 
 visions of Section 3 of Article III. respecting the forms 
 and conditions of the petition and the mode of certifica- 
 tion and filling shall be substantially followed, with such 
 modifications as the nature of the case requires. 
 
 Sec. 2. Any ordinance or measure that the council 
 or the qualified electors of the city shall have authority to 
 
 58 
 
«nact, ITie council may of its own motion sulDmit to fhe 
 electors for adoption or rejection at a general or special 
 municipal election, in the same manner and with the same 
 force and effect as is provided in this charter for ordin- 
 ances or measures submitted on petition. At any special 
 election called under the provisions of this charter, there 
 shall be no bar to the submission of other questions to a 
 vote of the electors in addition to the ordinances or meas- 
 ures herein provided for, if said other questions are such 
 as may legally be submitted at such election. 
 
 Sec. 3, The council may, by ordinance, make such 
 further regulations as may be necessary to carry out the 
 provisions of this Article, 
 
 ARTICLE XVI. 
 SCHOOLS. 
 
 Section 1. All the territory within the corporate 
 limits of the City of Hickory, Catawba County, as is now 
 or shall hereafter be prescribed, shall be and remain and 
 is hereby constituted a public school district for both 
 white and colored children, and shall hereafter be known 
 as the * 'Hickory School District" The City Council shall 
 be charged with the duty of maintaining an 
 adequate and sufficient system of public schools 
 within the ''Hickory School District," and shall con- 
 struct and maintain proper buildings, and to that end 
 the public school buildings and all other property now 
 used, or which may be hereafter acquired within the City 
 'of Hickory for school purposes, shall be under their 
 control and subject to the disposition of the City Council. 
 
 The City Council shall have the same power and 
 authority to condemn lands, and to do and perform any 
 and all other acts, to acquire and control school property 
 as is given or may be conferred by law upon said council 
 with reference to acquiring land for streets, or any other 
 public purpose, and may control school property and 
 grounds in like manner as it is empowered to control 
 streets; and the said council shall also have such power 
 not in direct conflict with the provisions of this Article, 
 with regard to the public schools of the Hickory School 
 District, and the officers, teachers and employees thereof 
 as is now conferred by law upon the Board 
 of County Commissioners of Catawba County 
 and the Board of Education of Catawba County 
 with regard to the public schools of 
 the county ; and the said council shall have charge of the 
 collection of taxes to maintain the schools, and construct 
 
 59 
 
school buildings, and the handling and the disbursement 
 of all money used for school purposes. 
 
 Sec. 2. The City Council is charged with the duty 
 of electing, annually, a competent, skilled and expert 
 man as superintendent of the public 
 schools of the Hickory School District 
 and also such other teachers and employees for the con- 
 duct of such schools as may be necessary and for such 
 time as it may indicate ; provided, all teachers and other 
 employees for the conduct of such schools as inay be 
 necessary shall be elected from a list submitted to the City 
 Council by the superintendent, and if the City Council 
 is unable or refuses to elect from the list so furnished, it 
 shali call on the superintendent from time to time for 
 other lists, which it shall be his duty to furnish. 
 
 Sec. 3. It shall be the duty of the superintendent, in 
 making his recommendations, and the City Council, in 
 electing persons to serve the public school interests, to 
 consider ability, education, character, and efficiency for 
 the performance of the duties for which such person or 
 persons names are being considered, and allow these 
 qualities to control in making such selection. 
 
 Sec. 4. It shall be the duty of the Superintendent 
 of Schools of the Hickory School District to devote his 
 time and attention exclusively to them during the school 
 year, except when leave of absence is granted by the 
 City Council for short periods of time for good cause. 
 
 He shall have immediate and direct control over all 
 teachers, and janitors of the school buildings and other 
 persons in charge thereof, and shall be responsible for 
 their efficiency. He shall have power to discharge any 
 teacher, or other employee connected with the schools, 
 for any cause satisfactory to himself, and to maintain 
 discipline and order, and establish rules and regulations 
 for the government of the schools, and from his authority, 
 with respect to the discharge of teachers or employees, 
 the manner and method of appeal shall be as herein- 
 after set forth and not otherwise. 
 
 The fact of and reasons for the discharge of any 
 teacher or other employee shall be reported, within 
 twenty-four hours after such discharge, in writing to the 
 City Council ; and a copy of said report shall, within said 
 time, be furnished to the discharged teacher or other 
 employee and a copy furnished to the Board of School 
 Visitors. If at least two members of the Board of School 
 Visitors shall, in writing, recommend that the City Coun- 
 
 60 
 
cil hear an appeal of the discharged 
 teacher or employee, the City Council shall 
 have the power and it shall be its duty to review 
 the action taken by the Superintendent of the Public 
 Schools of the Hickory School District; All appeals so 
 recommended shall be promptly heard by the City Coun- 
 <:il, and from its action there shall be no appeal or review. 
 
 The Superintendent of Public Schools of the Hickory 
 School District shall be subject to be removed from his 
 office by the City Council for inefficiency, or other cause 
 satisfactory to said council. There shall be no appeal or 
 review from the action of the City Council in reference 
 to the removal of the said superintendent. 
 
 Sec. 5. In May of the year 1913, the City Council 
 shall, and it shall be its duty to, appoint, three persons, 
 male or female, residents of the City of Hickory, as School 
 Visitors of the Public Schools of the Hickory School Dis- 
 trict, one of whom shall serve during a term of three 
 years, another shall serve during a term of two years, 
 and the third shall serve during a term of one year. 
 
 In May of each year after the year 1913, the City 
 Council shall, and it shall be its duty to appoint or elect 
 a male or female resident of the City of Hickory as School 
 Visitors of the Public Schools of the Hickory School 
 District. 
 
 Sec. 6. The School Visitors appointed or elected as 
 aforesaid shall constitute the Board of School Visitors of 
 the Public Schools of the Hickory School 
 District. The said board shall, and it 
 shall be its duty to visit the different public schools 
 of the city at least once each month during the school 
 year, and, every three months submit to the City Council 
 a written report of the conditions of the school grounds 
 and buildings and of the method and manner in which 
 said schools are being conducted. The said reports shall 
 he filed in the office of the City Manager and shall, during 
 reasonable hours, be subject to the inspection and exami- 
 nation of any resident of the City of Hickory. Any and 
 all recommendations made by the Board of School Visitors 
 shall be acted upon by the City Council in the regular 
 course of its business within fifteen days from the time 
 of making such report. 
 
 Sec. 7. Only persons who are bona fide residents of 
 the City of Hickory shall be entitled as pupils to the bene- 
 fits of the public schools thereof; provided, however, if 
 there be facilities, after providing for the education of all 
 
 61 
 
Residents, non-residents of the city may be admitted by 
 the City Council to the public schools of Hickory upon 
 the payment of such charges as the City Counci may de- 
 termine, by order spread upon its mintes, are just. 
 
 Sec. 8. The City Council shall annually, at the time 
 other taxes are levied, levy a tax for school purposes of 
 forty cents on the hundred dollars of property assessed 
 for taxation in the City of Hickory, and $1.20 on 
 each taxable poll, which amount shall be collected as other 
 taxes, and deposited with the City Treasurer as other city 
 funds, and the same shall and must be kept exclusively 
 for school purposes, and a separate account thereof shall 
 be kept by the tax collector and the City Treasurer. 
 
 Sec. 9. That in the apportionment of the public 
 school funds derived from the State of North Carolina 
 and County of Catawba, the County Board of Education 
 of Catawba County, or others having authority under the 
 public school laws of the State, shall determine the amount 
 to be apportioned each year to the public schools of said 
 Hickory School District by dividing the whole of the totai 
 amount of the county school fund, first deducting the 
 county treasurer's commission, or part of the salary to be 
 paid out of the said funds, and also the amount reserved 
 by the county board of education for office expenses of 
 the county superintendent of public schools, .and for per 
 diem and mileage of the said board, by the total number 
 of children of school age in Catawba County as determin- 
 ed by the last school census preceding that apportion- 
 ment, and then multiplying the quotient so obtained by 
 the total number of children of school age within the said 
 Hickory School District, as determined by the last census 
 precedmg" that apportionment, and the amount so ascer- 
 tained and determined shall be paid by the county treas- 
 urer to the treasurer of the City of Hickory, to be used 
 exclusively for the benefit of the schools of said district 
 under the control and direction of the City Council of the 
 City of Hickory: Provided, that in the apportionment of 
 the school funds of Catawba County the provisions of this 
 section shall extend and apply only to the amount to be 
 aipportioned each year to the Hickory School District. 
 ARTICLE XVII. 
 
 MUNICIPAL COURT. 
 
 Section 1. A special court for the trial of misde- 
 meanors and for other purposes, to be designated as the 
 Municipal Court of the City of Hickory, is hereby estab- 
 lished. 
 
 Sec. 2. Said court shall be a court of record with 
 
 62 
 
the following jurisdictioTi: 
 
 (a) With excluisive original jurisdiction over all 
 offenses arising from the violation of all ordinances, by- 
 laws, rules and regulations of the City Council within the 
 corporate limits of the City of Hickory and within Hick- 
 ory Township. 
 
 (b) With exclusive original jurisdiction to try all 
 actions for the recovery of any penalties imposed by law 
 or by any ordinance of the City of Hickory for any act 
 done or the failure to do any act within the corporate 
 limits of the City of Hickory and within Hickory Town- 
 ship, 
 
 (c) With jurisdiction, power and authority for the 
 trial and determination of all misdemeanors created by 
 the laws of the State of North Carolina committed within 
 the corporate limits of the City of Hickory and within 
 Hickory Township. 
 
 (d) With exclusive qrigmal jurisdiction over all 
 criminal offenses committed within the corporate limits 
 of the City of Hickory below the grade of a felony, as 
 now defined by law, and all such offenses committed with- 
 in said city are hereby declared to be petty misdemeanors. 
 
 (e) With exclusive original jurisdiction to hear and 
 determine the question of probable cause and bind over to 
 the Superior Court of Catawba County for all offenses 
 committed within the corporate limits of the City oi 
 Hickorj^ above the grade of misdemeanors, where final 
 jurisdiction is not given under this charter. 
 
 (f) No provision of this charter shall be construed 
 to be intended to deprive courts of justices of the peace 
 of concurrent jurisdiction with such Municipal Court of 
 the City of Hickory over any misdemeanor now within 
 the jurisdiction of such court, when committed without 
 the corporate limits of the City of Hickory; Provided, 
 however, the defendant or defendants, in any such case 
 made returnable before a justice of the peace, may re- 
 quest in writing that the case be removed to and tried 
 hy the Municipal Court of the City of Hickory ; and, upon 
 such a request being filed before the introduction of any 
 evidence, the justice of the peace shall require the defend- 
 ant or defendants to enter into recognizance for his or 
 their appearance at said municipal cotirt on the day suc- 
 ceeding the filing of such request at ten o'clock A. M., on 
 which said court is required to be open, and the witnesses 
 in such case shall be recognized to appear at the said 
 time and place, and the said justice of the peace shall at 
 
 63 
 
once turn over to the clerk of the said municipal court the 
 warrant, recognizance and other papers in such case. 
 
 (g) The judge of said court shall have power and 
 authority to issue his warrants or other process for all 
 persons charged with any offense within his jurisdiction 
 and have such persons brought before him, and hear, try 
 and determine the charges against them and give judg- 
 ment thereon; impose fines and sentences of imprison- 
 ment, penalties and forfeitures; issue executions and 
 otherwise direct and compel the enforcement of his judg- 
 ments, subject to the limitations of this charter as to the 
 amount of such penalties and punishments, with the right 
 of appeal by the defendant from the judgment or sentence 
 of the Municipal Court of the City of Hickory to the Su- 
 perior Court of Cataw^ba County, under the same pro- 
 visions of law as govern an appeal from inferior courts 
 or courts of justice of the peace. In case a defendant, 
 witness or other person shall be adjudged to be imprison- 
 ed by the said municipal court, it shall be competent for 
 the said court to sentence such person to imprisonment 
 in the common jail of Catawba County, to be worked on 
 the public roads of Hickory Township or of said county, 
 and in case the defendant shall not pay a fine and costs 
 for the violation of an ordinance of the City of Hickory 
 the said court shall have authority and power to sentence 
 the defendant in such case to work on the public streets 
 or other public works of the City of Hickory or upon the 
 public roads of Hickory Township or Catawba County, 
 until such fine and costs are paid, and the defendant in 
 such case shall have credit at the rate of one dollar* ($1) 
 per day for every day during which he shall work upon 
 the public streets, roads or other works. 
 
 Sec. 3. Said court shall have a seal with the im- 
 pression 'The Municipal Court of the City of Hickory", 
 which seal shall be used in attestation of writs, warrants 
 or other process or acts, judgments or decrees of said 
 court, in the same manner and to the same effect as the 
 seals of other courts of record in the State of North 
 Carolina. 
 
 Sec. 4. The Judge of the Municipal Court of the 
 City of Hickory may issue his process to the Chief of 
 Police or to the city police, or the sheriff, constable or 
 other lawful officer of the County of Catawba ; and such 
 process, when attested by the seal of the court, shall run 
 anywhere in the State of North Carolina, and the same 
 shall be duly executed by all officers according to law: 
 
 64 
 
Provided, that neither the Chief of Police nor the city 
 police shall execute any process outside of the corporate 
 limits of the City of Hickory, unless the offense was com- 
 mitted within the corporate limits of said city, in which 
 latter event he may arrest the accused anywhere within 
 the limits of Catawba County. 
 
 Sec. 5. The Municipal Judge shall charge and collect 
 in all criminal cases, in addition to other lawful costs, 
 the following fees, viz: As cost for the Judge of said 
 court, two dollars; as costs for the City Attorney, two 
 dollars ; for the clerk the same fees as are now allowed to 
 Clerks of the Superior Courts in similar cases ; and for all 
 officers serving the processes of the court the fees as now 
 allowed to police officers, sheriffs and constables serving 
 the processes of the Superior Courts in like cases : Pro- 
 vided, that in the trial of cases of which a magistrate 
 has final jurisdiction the fees allowed to the judge and 
 the city attorney shall be one dollar each, and the clerk 
 shall be allowed only cost for issuing subpoenas for wit- 
 nesses. 
 
 (b) All costs recovered and collected in said court, 
 except as is otherwise herein provided, shall belong to the 
 City of Hickory and shall be paid by the clerk of said 
 court into the office of the City Treasurer, accompanied 
 by an itemized statement showing when and from whom 
 received, for the use of said city and to reimburse it for 
 the expenses of supporting the said municipal court: 
 Provided, however, that any officer not receiving a salary 
 from the County of Catawba or the City of Hickory, who 
 shall execute any process, writ or subpoena issued by said 
 court, shall be paid and shall receive the fees now pre- 
 scribed by law for such service. 
 
 (c) It shall be the duty of the City Treasurer to 
 enter upon a book kept for that purpose by him a full and 
 detailed statement of all moneys received by him from 
 the Clerk of the Municipal Court of the City of Hickory 
 and a full and detailed statement of the cost or expense 
 of maintaining the said court. 
 
 Sec. 6. The City Manager shall be clerk of the 
 Municipal Court of the City of Hickory and it shall be his 
 duty as clerk of said court to keep an accurate and true 
 record of all costs, fines, penalties, forfeitures and punish- 
 ments by said court imposed under the provisions of 
 this charter. The record kept shall show the name and 
 residence of each offender and the nature of the offense 
 with which he was charged, the date of hearing and trial 
 
 65 
 
and punisliinent imposed, which said record shall at all 
 times be open and subject to inspection by the City Coun- 
 cil or other persons having business relating to said court. 
 He shall keep a permanent docket for recording all the 
 processes issued by said court, which shall conform to 
 the dockets kept by the Clerk of the Superior Court. He 
 shall also keep in proper files, to be provided by the city, 
 the record of all cases which shall be disposed of in the- 
 said court and what disposition has • been made of the 
 same: Provided, however, that the City Council may 
 require the duties of the Clerk of said Court to be per- 
 formed by the Judge of the Municipal Court or other of- 
 ficer, of the city. 
 
 Sec. 7. The City Attorney of the City of Hickory 
 shall be the prosecuting attorney in said court, whose 
 duty it shall be to appear for the prosecution in all cases 
 m said court. 
 
 Sec. 8. The Judge of the Municipal Court shall be 
 elected by the City Council of the City of Hickory at its 
 first regular meeting in May, 1913, and his term of ofliice 
 shall continue until the first regular meeting of said 
 council in May, I9I4; and annually thereafter the said 
 council, at its first regular meeting in May, shall elect 
 the Judge of the Municipal Court of said city to serve a 
 term of one year. The salary of said judge shall be fixed 
 by the City Council and shall not exceed sixty dollars per 
 month. 
 
 Sec. 9. Should the Municipal Judge be prevented 
 from attending the Municipal Court of the City of Hick- 
 ory on account of sickness, absence or other disability, 
 then in that case the Mayor of the City of Hickory shall 
 have power and authority to appoint some discreet and 
 qualified person to act in the place of said Municipal 
 Judge; and upon appointment by the Mayor of such per- 
 son, and after administering to him an oath of office that 
 he will support and defend the Constitution of the United 
 States and the Constitution and laws of North Carolina 
 not inconsistent therewith, and will faithfully perform 
 the duties of Municipal Judge of the City of Hickory to 
 the best of his skill and ability, such person so appointed 
 shall have all the jurisdiction, power and authority here- 
 in conferred upon the regular Municipal Judge of said 
 city, and shall receive the salary provided for the oflfice 
 while serving. 
 
 Sec. 10. The judgments rendered by the Municipal 
 Court of the City of Hickory under the provisions of this 
 
 66 
 
^Tiarter 'shall liave all the force, virtue and validity of 
 judgments rendered by an inferior court under the laws 
 of the State of North Carolina, and may be enforced and 
 executed against the parties in the County of Catawba 
 or elsewhere, in the same manner and by the same means ; 
 -and all fines, penalties and forfeitures, fees and costs shall 
 be collected by the Chief of Police and daily paid by him 
 to the cerk of the said court, who shall account for the 
 same as hereinbefore provided and as is provided by the 
 general laws of the State of North Carolina for the dis- 
 position of fines and penalties, 
 
 ARTICLE XVIII, 
 
 MISCELLANEOUS. 
 
 Section 1. That the provisions of sections 2982 to 
 section 3010 inclusive, of the Eevisal of 1905 of North 
 Carolina, and the provisions of sections of 301!la to 3011k 
 inclusive, of volume three of Pell's Revisal of 1908, of 
 North Carolina, shall apply to the City of Hickory, where 
 not inconsistent with the provisions of this charter. 
 
 Sec. 2. That the provisions of Chapter 72, of the 
 Revisal of 1905 of North Carolina, shall apply to the City 
 of Hickory, where not inconsistent with the provisions' of 
 this charter. 
 
 Sec. 3. All questions arising in the administration 
 of the government of the City of Hickory, and not pro- 
 vided for in this act, shall be governed by the laws of the 
 State in such cases made and provided. 
 
 That in the event Chapter 71, Public Laws of North 
 Carolina, extra session of 1908, should hereafter be re- 
 pealed, then, and in that event, the laws, that, immedi- 
 ately prior to the passage of said chapter, applied to the 
 City of Hickory in reference to the matter treated in said 
 chapter, shall be the laws applicable to the City of Hick- 
 •ory. 
 
 Sec. 4. All ordinances of the City of Hickory not 
 inconsistent with the provisions of this charter shall re- 
 main in full force and effect until altered, amended or re- 
 pealed by the City Council. 
 
 Sec. 5. In all judicial proceedings it shall be sufficient 
 to plead any ordinance of the City by caption or by the 
 number of the section thereof and the caption, and it 
 shall not be necessary to plead the entire ordinance or 
 section. 
 
 Sec. 6. This charter shall be deemed a public act, 
 and judicial notice shall be taken thereof in all courts 
 and places whether or not same has been pleaded or read 
 
 67 
 
in evidence. 
 
 Sec. 7. Any officer of the City of Hickory, or any 
 member of the Board of School Trustees of the Hickory 
 Graded School District, who shall on demand, fail to turn 
 over all property, books, money, seals or effects of the 
 city in his hands to his successor in office or to the officer 
 or officers herein provided to perform the duties of such 
 officer or member shall be deemed guilty of a mis- 
 demeanor and, upon conviction, shall be imprisoned not 
 exceeding two years or fined not exceeding five hundred 
 dollars. 
 
 Sec. 8. That on the third Monday in March, 1913, 
 there shall be held in the City of Hickory, an election at 
 which all voters who are then registered and qualified to 
 vote shall be entitled to vote for the purpose of determin- 
 ing whether it is the will of such voters that the foregoing 
 shall become law applicable to the City of Hickory. That 
 the election shall be advertised by the Board of Aldermen 
 for fourteen days prior to the holding of such election. 
 Said advertisement shall be inserted in two of the weekly 
 newspapers published in the City of Hickory. The said 
 election shall be conducted in all things as are elections 
 for Mayor and Aldermen under the present law as nearly 
 as may be. 
 
 Sec. 9. At the voting place in said city, at such elec- 
 tion, th^re shall be provided one box in which each person 
 entitled to vote may deposit one ballot. Those wishing to 
 vote that the foregoing provisions shall become law appli- 
 cable to the City of Hickory shall vote a ballot upon 
 which there shall be printed or written the words *Tor 
 Adoption of New Charter for City of Hickory,'' and each 
 of those wishing to vote against the foregoing provisions 
 becoming law applicable to the City of Hickory shall vote 
 a ballot on which shall be printed or written the words, 
 ''Against Adoption of New Charter for City of Hickory.'' 
 
 Sec. 10. The election officers within three hours from 
 the time the polls are closed in the election to determine 
 the question as to whether or not the foregoing provisions 
 shall become law, shall count the ballots and certify the 
 result to the Mayor and Board of Aldermen. The Mayor 
 and Board of Alderm.en shall, within twenty-four hours, 
 examine such certificate and formally declare whether a 
 majority of those voting have voted, "For Adoption of 
 New Charter for City of Hickory," or ''Against Adoption 
 of New Charter for City of Hickory," and spread upon 
 their minutes the record of their determination, and if it 
 
shall appear therefrom that a majority of those voting at 
 such election have voted "For Adoption of New Charter 
 for City of Hickory/' the foregoing sections of the pro- 
 posed Charter and laws shall, as provided in Section XII 
 of this Article, become effective and the law applicable 
 to the City of Hickory, North Carolina. 
 
 Sec. 11. If the Mavor or any of the Aldermen of the 
 City of Hickory shall fail to perform any of the duties 
 imposed upon them, relative to holding elections provided 
 for by this Act, they and each of them so neglecting shall 
 be guilty of a misdemeanor, and, upon conviction, shall 
 be fined or imprisoned in the discretion of the court, and 
 shall also be liable to a penalty of one hundred dollars, 
 one-half of which shall be payable to the County School 
 Fund and one-half to the party who shall sue for same. 
 
 Sec. 12. Article II of this Act and Section 11 of 
 Article XVIII, of this Act, shall be in force and 
 effect from the date of declaring carried the election "For 
 Adoption of New Charter for City of Hickory,'' in the 
 manner above set out, and all the laws in conflict with 
 Article II and Section 11 of Article XVIII shall be re- 
 pealed by the declaring carried the election ' Tor Adop- 
 tion of New Charter for City of Hickory," and the other 
 articles and sections of this Act shall be in force and effect 
 from ten o'clock in the forenoon of the first Monday in 
 May following the declaring carried the election "For 
 Adoption of New Charter for City of Hickory," and all 
 laws in conflict with- said articles shall be deemed repealed 
 at ten o'clock in the forenoon of the said Monday. 
 
 Sec. 13. This Act shall be in force and effect from 
 and after its ratification. 
 
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