Loading...
HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 1 - Charter Act of March 19, 18941\ 4 III ,i {i `d i r III AN ACT. Act placing Paducah in list of 'cities of the Second Class. CHAPTER 57. An act to amend an. act, entitled "An Act to assign cities and towns of this Commonwealth to the classes to v;hich they belong," Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: r. That section one of chapter ninety-nine of the session acts, eighteen , hundred and ninety-one, ninety-two, ninety-three, be amended by striking out the words "Paducah, McCracken County," from the list of cities of the third class, and by adding the words "Paducah, McCracken County," to' the list of cities of the second class, so that this section, when thus amend- ed, kill read as follows, to -wit: Sce.. r, The cities and towns of this Commonwealth are classified as follows: First class- -Louisville, Jefferson County. Second class—Lexington, Fayette County; Covington, Kenton County; Newport, Campbell County; Paducah, ',4cCracken County, Third class -Owensboro, Daviess County; Henderson, Henderson Coun- Frankfort, Franklin County; Bowling Green, Warren County, Fourth class—Hopkinsvil!e, Christian County; Shelbyville, Shelby Coun- ty; M�,ysvi!ie, Mason County; Richmond, Madison County; Winchester, Clark County; Dayton, Campbell County; Paris, Bourbon County; Ashland, Boyd County; Catlettsburg, Boyd County; Danville, Boyle County; Mt, Sterling, Montgomery County; Middlesborough, Bell County; Georgetown, Scott County; Versailles, Woodford C.unty; Harrodsburg, Mercer Coun- ty; Bellevue, Campbell County; Cynthiana, Harrison County; Mayfield, Grave= County; Somerset, Pulaski Comity; Lebanon, Marion County; Lud- low, Kenton County; Nicholasville, Jessamine County; Pineville, Bell Court, 0 i. 2 ACT CREATING PADUCAH A SECOND CLASS CITY. ty: Madiaonville, Hopkins County; Princeton, Caldwell County. Fifth Class --Lancaster, Garrard County; Cadiz, Trigg County; Grand Rivers, Livingston County; Franklin, Simpson Courcy; Greenville, Muh .lenberg County; Elizabethtowp, Hardin County; Louisa, Lawrence Coun- ty-: Russellville Logan County; Columbus, Hickman County; Glasgow, Barren County, Fulton, Fulton Counq•; Scuth Louisville, Jefferson Coun- t; Wtst Covington, Kenton County; Earlington, Hopkins County; Carrol- ton, Carroll County; Hickman, Fulton County; •Cloverport, Breckinridge County; Bardstown, Nelson County; Augusta, Bracken . County; Stanford, 1_incoln County; Lawrenceburg, Anderson County; Williamsburg, Whitley County; Clinton, Hickman County; Midway, Woodford County; Flemings - burg, Fleming County; Barboursville, Knox County; Elkton, Todd County; Falmouth, Pendleton County; Central City, Muhlenberg County; Vance- Lurg, Lewis County; Morganfield, Union County; Carlisle, Nicholas Coun- ty; Clay, Powell County; Uniontown; Union County; Campbellsville, Tay- lor Ccunty; Hawesville, Hancock County; Milldale, Kenton County; Emi- nence Henry County; Parkland, Jefferson CoYmty; Eddyville, Lyon Coun- ty; Leitchfield, Grayson County; Owingcvil!e, .Bath County, Murray Callo- way County; Marion, Crittenden County; Providence, Webster County; A)ckliffe, Ballard County. Sixth class—All other incorporated towns and cities not named in this bill s%t,ll belong to the sixth class. Sec. z. Inasmuch as it is necessary for an early assessment of prop- erty. in the city of Paducah, for the purpose of taxation for the present year, nineteen hundred and two, and for the !•urpose of expediting such :Hitters, an emergency is declared to exist, and this act shall take effect from and after its approval by the governor.' This act was held constitutional and valid in case - of Gilbert vs. City of Paducah, and Crow vs. City of Paducah. 24 Ky. Law Reporter, . pg. tgyS. Si a .• r � 1 ' Charter -of Second -Class Cities, ARTICLE III. (Act of March 1% 1894.) CITIES OF THE SECOND CLASS. Subdiv. I. Municipalities, 3038, Subdiv. 5. c, Auditor. 3126, 2. Distribution of powers. d, City tre;rsurer, 3111. 3041, e, City clerk. 3131. 3. Legislative -department.. f, Police commissinners. 3042, 3137. 4. General powers. 3058, g, Commissioners of wa- a, Powers of the Council ter works. 3143, generally. 3058, h, City engineer. 3144, b, Street and street im. i. City jailer. 3145. 6. improvements. 3094. Judicial department. 1 3146. � C. sewers 3105. 7• Elections, 3172. 5. Executive department— 8, Revenue and Taxation. t officers and their duties. 3174. 3106, 9. a, mayor. 3106, to. Sinking fund. ,11gp: General p r o v i ;ion s b, Superintendent of pub- 31g6, lic works. 3118, 11, Public schools, 321x, SUBDIVISION I. ' Municipalities. Sec. 3038• Covington, Newport and Lexington. The cities of Covington, Ne,cport and Lexington are hereby de- clared to be cities of the second class, and the inhabitant, thereof, and of such other cities as ntay' hereafter be de. •� clared cities of the seccnd class, respectively; are created and continued bodies—corporate and politic, within their _ respective limits, with perpetual succession, by the • pante SECTION 3038,— Second class cities may acquire ian,i for park; under general powers cf this section.—Lexington vs. Kentucky Assembly, 24 Ky. Law Report- er, pd. x568. a , r: 1 , 1 4 CHARTER OF SECOND CLASS CITIES. t and style which each now respectively bears, with power to r Powers of qPC- gn�frn themselves in all fiscal, prudential and municipal con- and cues Ctuoe .erns by such ordinances and resolutions as they may deem , vrooer,not in conflict with this act or the Constitution of t, the state of Kentucky or the constildtion of the United : States; to acquire property for municipal purposes, by purchase or otherwise, witnin their corporate lim- its or elsewhere; to hold the same Ind all property and ef- sects now belougiug to t-ie said cities, held eitner in their own name, or in the name of others for the use of such of the said cities, for the purpose and interest for which the same were granted or dedicated; to use, manage, im- prove, sell, convey, rent or lease the same; and to have like power over property hereafter acquired, and as such, by their respective names, shall he capable in law of contract- t iug and being contracted with, of suing and being sued, of `f pleading and being pleaded, answering and being answered, it, all courts and places. -,nd in all matters whatsoever; and u' shall have and use, respectively, a corporate seal, and y make, change, alter and renew rhe some at pleasure. (Pa- ducah was transferred :o this class by set of March 21,: ,9n2) Sec. 3o8q. Boundaries—Jurisdiction. The corporate %undarles boundaries of each of said cities shall continue and re- fixed. main as they are now eats;ilishcd, anti? altered by law; and every such city, bounded in part by the Ohio river, shall d C have concurrent jurisdiction with the State 'of Kentucky 77 " over the waters of that river opposite thereto; and if rhe boundary line between any two or more of said cities, or of any such city and a county or counties not embraced 'in said SECTION 303R.— Unier the general power of second class cities mere clerks or em- .P t Plcve- or Idborers may be employed in Ruch manner as the councils may designate. Th, council can appo?nt ar ambulance driver and patrol wagon j driver, and also clerk to the assessor, clerk to the mayor, and stenographer to the city clerk and a deputy city clerk, but cantnt a an treasurer, assistant jailer and assistant engineer.—Lowry vsnLexington, sq Ky. Law Reporter, pg• s16. l.' CHARTER OF SECOND-CLASS CITIES, 5 tN city shall be the Licking river, or other stream within the .. state, each city shall have concurrent jurisdiction with the other, and with such county or counties, over -the wa. .ters of such river or stream opposite thereto. (See further i as to extension of limit. sections 3050-3057•) Section 3040. Rights, Titles, Interests and Privileges. Each of the said cities shall be and is vested with all the Rights and Powers. J . SECTION 3040: I. Appoiiument and 'icts of agent. A city owning stock in a bridge, company appointed by its council two persons to cast its vote in a meet- ing to determine whether certain charter amendments should be accepted, Mrit the records of the council and bridge company need not show. Covington v. C. & C. Bridge Co., to Bush, 6g. ' 2. Authority strictly construed. General rule is that the authority' ! •; delegated to municipal corporation is to be strictly construed. Wheatly v. Civington, 1t Bush, 18; see also q B,rsh, 599; It Bush, 527. Exceptions to general :ule, 3 Bush, 508. , 3. Lighting strews. Contracts in regard to. See notes to section UNA 4. Officers. Dutie= of. The policy of the law is to encourage the performance• of municipal duties, both ministerial and judicial. Newport ` v. Berry, 8o Ky., 354: 4 R,, 185. i 5. Power in regard to city property. Use and control of streets, w4rarves, etc., belonging to the city i not he surrendered to an individu-- al to the exclusion of the public, in the absence of express legislative on- thority. Lease of wharf to individual held void. Bateman v. Covington, 90 KY., 390i 12 R., 384; RoLerts v. Louisville, 92 Ky., 95; 13 R., 406. 6. Powers of corporations limited. Cities are agencies of the stare, and can exercise onlythose powers conferred upon them, or such as are necessary to the exercise of their corporate powers. Henderson v. Coy - 410011, 14 Bush, 312. No power can be implied which does not pertain to ma•r'ers concerning the local public. Pattor. v. Stevens, Id. 324. Municipal t �-jrporations cannot expend money except for objects ex- i d pressed in the charter, or for purposes necessarily con- nected with those objects. Power to offer rewards for the arrest of criminals is no an ordinary corporate power or in-- cidcnt to such power. 14 Bush, 324. Council cannot appropriate the reve- Imes of the city to obtain an increase of the powers of the corporation dirough persons sent by the council to appear before the General Assem- bly. 14 Bush, 312. y. Powers the legislature may confer. Legislature can delegate no A i . CHARTER OF SECOND-CLASS CITIES. Rialitsahen, rights, titles, interests and privileges which were vested id, possessed and held by, each of them respectively at the ti�,,e of the passage of this act, and is hereby charged with ,ill lawful liabilities anti obligations now- existing; but said rights shall be held for the same purposes and subject to the same trusts as heretofore, and the power and authority they now have to provide for th, liquidation of such liabilities and obligations shall continue in full force, ;treater powers than might be exercised by the legislature itself. Lex- ington v. \icQuillan, 9 Dana, 513• 8. Repeal of charter by implication. An amendment to .the .charter of a city does not repeal any of its provisions except there be express words of repeal, or it arises as a necessary implication, Byrne v. City of Covington, 15 R., 33• 9. Wharves and wharfage. Right of towns on navigable rivers to build wharves , nd charge wharfage. Newpor v. Taylor, i( B. M., 804. Liabilities. to. Action to recover back taxes Limitation. Diffe-ence between . Charter and general laws. See notes, etc, see. 3184. I]. Contract for lighting streets between city and light company. Remedies. Sze notes, sec. 3094 73. Failur to keep streets and public ground- in repair. Mandamus lies against the trustees. Hammer v. Covington, 3 Met., 494. Trustees Cat- lettsburg v. Kinner, 13 Bush, 334. Such streets as are required for use only are required to be kept in repair. Liability for injury to a horse on an unused street. Henderson v. Sandefer, it Bush, 550. 13. Fire—Failure to provide cistern, etc. City not liable to owner of prnnerty consumed by fire on ground that it failed to have cisterns, fire botckets, etc., whereby the fire Wright have been emingeished. Patch v. Covington, 77 B. A",., 722. 14. Negligent acts of employe. Liability of a city for the negligent acts.of a contractor erecting engine 'house for it. Independent contractor. City of Covington •v. Geyler, 93 Ky., 275. i;. Otlival misctmdttet of officers. Corporation not liable for. Pra- ther v. Lexington, 13 B. M., 559; Ward v. Louisville, r6 B. M., 184. 0. Property destroyed by a mob. City held not responsible in Pra- ther v. Lexington, r3 B. M., 559; Ward v. fouisdlle, 16 B. M., 184 But now, under certain conditions, the city is liable. Sce see. 8, and notes. 17, 'Remedies. against municipality. Mandamus. Injonction. Writ of prohibition. See notes, sec. 3n58. 1 SUBDIVISION II, Distribution of Powers. Sec. 3041. Legislative, Executive and judlcial. The acvernment of said citi- A shall lie div:ded into a legislative, an executive and a jndi :at department. No officer of one Mvlslon of of these departments shall exercise any power properly be- powers, lunging to either of the others, except in the instance hore- ivafter'expressly directed or permitttcd. SUBDIVISION III. Legislative Department. Sec. 3042. General Council of the City. The legisla- tive pawcr shall be vested- in a boarl of aldermen and a 0eneral board of councilmen, which, together, shall be styled "The council. General Council .sf the City." SEC. 3043• Boards of Aldermen and Councilmen—How El.cted—Qualifications —Term— President—Ruler; — Exvul i cion—Quorum. The beard of aldermen shall he com- posed of fciur members, to be selecte ; from and elected by Aldermen— the voters at large of the city. The, general council tray,Numborot, by ordinance, provide tliat the number of aldermen shall be increased to any number not exceeding eight. The board of councilmen shall be composed of two Members from'each ward in the citly selected from respective wards, but elected by voters at lurge of the city. Members of th,• legislative nepartment of the government of the city shall be elected for two yea -s, and until. their successors are qualified. No person shall be eligible as a member of said department Quul lacotlonx wLc• at the time of election, shall not have resided in the of members of Cuunell city for two years next pteceding his e:ecdon; not be a male citizen of this state; not be either a •housekeeper or owner of real estate in he city, or echo shall hold another SECTION iO4J — Quorum. If the president of the council is presort and rehlsea to act, a pro tempore president may be elected, and . m dutances that reeeit e • the requisite number of votes will not bq declared invalid on this accotilit Keith v. City, zz R., t4t,t, and sec•note R, sec. 3058• K $ C14ARTER OF SECOND-CLASS CITIES. civil office, be the agent, employe or attorney of any rail- road company or street railway company, be directly or in- directly interested in ¢ny contract with the city, or in any aprlicntion therefor; he in arrears to the city for money or property collected or held without settlement, or quietus therefor; having been convicted of malfeasance to office, bribery or other corrupt practice or crime; or hold any of- fice or employment in any company or corporation which has or is an applicant for any contract with the city; the terms, rates or prices of which are subject to modification. or enfor:ement by the general iouneil; mere stockholders in such companies or corporations are not, however, herein included, but th=y shall not vote on nor interfere directly or indirectly with an,* matter or question affecting such company or corporation in any manner whatever, 'other than in common with the general public, and in case of al- dermen , ttained the age of Thirty years, and in that of councilmen attained the age of twenty-four years, and have been fer one year bona fide residents and voters of the ward for which Vicy may be chosen. The absence or cessation of any of the foregoing qualifications, or theoc- curring of any of the foregoing diaquslif.cations, after ele: tion or during the term of office, sl.all work a forfeiture of, the office, and the general council shall so declare, and the vacancy shall be filled as hereinafter prescribed. Each Conimnsat-on member of the general council shall .:tceive tl•ree dollars of Conuellmcm.boards; but each for any stated or called meeting of saiA abarntec shall forfeit double his pay, rnless he be absent from the city, or too sick to ,attend. Each board shall elect front its ov;n members .i president thereof, who shall hold office for one year. In •his absence a president pro tem- pore shall be chosen from among its own members by the: beard. Enth board shat adopt rules for its proceedings, determine the election and qualification of its members, c x sept as hereinafter provided; punish its members for con- tempt or do -orderly eruduct, and hccthirds of the mem- hers concurring, may exprl a titcmber, but not twice for the .mnie offense. A majority of the numbers -elect shall form Qaorw., a quorum of either board, but a smaller nwnber may ad= lrc i not •t•h, -nr pru, the acPi wl,•c: A n -1 t" Ord; Carr adjr Ic t Pill" bra iY. n I—^�-_ ��Ky�.,_. M.ri-�.•�,*sw.x r -. +k.•r...r1,e• .ew...,�y�.�r. ..-....n.gt.y y4ti,•v.,,.a ..:rw••. ,.,.,. CHARTER OF SECOND-CLASS C1TIL'S, Warn from day to day, and the attendance of mcmLers may lie enforced by rule; or ordinances with appropriate fines, not exceeding ten dollars, Sec, 3044. Joint S -salon — Rules— Prerident—Quorum, The general council shall prescribe the rules for its gov Rrament in joint sessi.in; shall be presided over by theJulnt k%don— How hold. president of the board of aldermen, and in his absence by the president of the board of councilmen, and in the ab- ecucc of both shall elect a president pro tempore; may com- ;.cl the attendance of members thereof, and punish them when in joint tession for contempt and disorderly conduct. ,A majority of mentbers-:!ect of both beards shall constitute s quorum for the transaction of businctr in joint session. Sec. 3o4S• Journal --Publication . of Proceedings and Ordinances—Places of Meeting. Each board shall keep a Must Wop four correct journal of its proceedings, and immediately after nal adjournment thereof, atuir abstract of its proceedings shall le published one in one or mare daily newspapers, is dif- a:ent languages, if necessary. All ordinances shall be published in like manner before they au• in force. The two branches of the gen.ral council shall not meet in the same room at the same time,except in joint session. The place MattlttQ plaewt 'ur places cf meeting shall be fixed by ordinance, and shall not be changed, except by ordinance passed by two-thirds of the members -elect of rash board. if from any cause it shall be impossible or impracticable to meet at the desig- hated place, the mayor shall, by proclamation, fix the place, pending su.h difficulty, or until the general council shall act in the premises. (Sec further as to ordinances Secs. 3059- 3o63 and 31r4) Sec. 3o46. Monthl;, Meetings—Called Meetings. Boll! ni said boards shall meet at least once in each mcnth, and 7lmnut meea.tt shall not adiourn for a 1t tiger time, but may adjourn from day to day and sit as long as business requires. When both boards are in called session, one shall not adjourn. Adjournment, without th-! cotic::rrenc, of the other `or a longer time than twenty -tour, hours.If they shall fail to agree on adjonnt- t r r t \ iq CHARTER OF SECOND-CLASS CITIES. ment, the mayor 'may adjourn them to a day not beyond the next regular time of meeting. Sec. 3047. Privilege—Exemption frert Jury and Mili- tary Service. Members of the general council shall.be ex- I+rlvileRes of enipt from serving on jzries, and from military dirty 6r - councilmen, ing their tetms; and anything said in debate shall be enti- tied to the same immunities -and protection allowed to the members of the General Assembly. Sec. 3048. Wards to Be Laid Off—Alteration of Boundaries. That it shall be the ditty of ?ice general coun- cil that shall be first elected under this act, to lay Off the Nwatix wards. city into six wards, fur the purpose i erein named, is near- ly equal as pi3sible as to the number of inhabitants, and fix permanent boundaries; and it shall be the duty Of the general council, fr++m time to time to alter the boundaries of the wards so as to equalize the number of the inhabitants . in each as near as may be; but such alterations shall not' be etude except nil a genual census of al the iphabitants be- ing previously taken. Sec. 3049. Vacancies in Office—How Filled—Officers and Agents Elected by Council. Vacancies in office elrt.tive by the general council, as no+c• provided. shall he vaeancks In filled by election in joint session for the remainder of the office --How sued. tetra vacated. Vacancies in oifi_es elective by popular vote shall be filled by appointment by the mayor for the te- mainder of the term, except that a vacancy in the office of tnavnr shall be filled by election by the general council' Provided, that the un-apired term wi'l end at the next site- ! eceding annual election at which either city, town,county. diArict or state officers are to be elected, anti if three n.•onths intervenes before said succe+ding annual electi+m. the o -Rice shall be filled as aforesaid until %aid election; antj, then -,,-.id vacancy snail be filled by election for the re- mainder of the term. If three months do not intervene be- tween t>he happening of said vacancy and the next succeed-' SECTION 3049-- V. hat_ 3fficers the council may elect in ioiat session—See Lowry vs. Lrx: ge,tnn, 24 Ky. Law Reporter, pg. SIG. 7 Ing fi7er- men; Ii. to L. cler. er 011 ra:.� torr sup' ext. of inc at of ')I- 1-1 ac l 1 .. ..- _e.. s.. y e:.:,' yfYrpMM www /�aw•uw„'^.. CHARTER OF SECOND=CLASS CITIES. 1t Ing election at which city, town, county, district or state nf- ficers are to be elected, die )ffice shall be filled by appoint' ment by the mayor until the second succeeding annual elec- ti.m at which city, town county, district or state officers ar•., to be elected; and then if any part of the term remains tuft - expired, the office shall be filled by election until the regd- lar time fot the election of officers to fill said offices. All ' officers and agents of the city, in any of its departments, not required to he otherwise elected or appc'inted, shall be elected by the generil council in joint session upon joint oMcete elected• viva voce vote, subject to removal at any time by said gen- by Connell. oral council. (Vacancies filled by the mayor, sec. .1101.) Section 3o5o. Extension of Limits—Rule When Anoth. er City or Town Is Incl' ded. The city may at any time or times, extend its limits by ordinance, specifying with aced - racy the new line or lines to which it is proposed to extend such limits. n1i courts in this state shall take judicial no- Row y city ltmltit tier of the limits of said .city when thus rxtendcdi and of all dol be exten- the steps in the proceedings leading thereto: Provided, tl at should said city, by such extension of its territorial lim- itinclude any portion of any incorporated city, tolvr. or village, huch extensian shall be made to includ•- the whole territory of such incorporated city, town or village, and u -on such exteniinn b •'t g made, the corporate existence of such incorporated city, town or village so included in such A 11 t and ri his extension, shall ipso facto cease) an a proper y g of every kind and nature belonging to and vested in such incorporated city, town or village shall, by operation of law, at once pass to and vest in the city, and it shall be the duty i 1 of all officers and employes of such incorporated city, town or village having custody or control thereof, to 'sur - I rrnder and deliver the same to the city, and the city shall also, by operation of law, assume and -become liable to pay all debts and liabilities of such incorporated city, town or village: Provided, further, that before the city shall extend its limits so as to include any incorporated city, town or village, four -sevenths of the -qualified voters of the incorpor- ated city, town or village voting, so desired to be included within the limits of the city, shall vote in favor of such I _. 12 Or SECOND-CLASS CITIES. —CHARTER proposition at the next general -election to be held. The submission of the question shall be determined in the fol- lowing manner, to -wit: Whenever the city shall desire to in- clude within its limits airy incorporatc!J city, town or village, the mayor of the city shall inform the mayor or other chief officer of the incorporated city, town or village proposed to ba so taken in, of the intention to include said city, town or village proposed to be so taken in, of thlI intention to include _ isaid city, town or village, within the limits; and if four -sev- enths of the qualified vo_ers voting at such election shall vote in favor of the proposed extension, the mayor or other _ chief officer of the iucorl.orated city, town or village shall certify the result to the mayor of the city, and said city may -'p .;_ proceed to so extend its limits as provided in this section. Sec. Sop. New Wards in Annexed Territory—Qualifica-tion of Voters. Whenever, by extensioq of its territorial limits, as -aforesaid, the new territory i; annexed to the city, the general council shall, by ordinance, organize the same .in - +;t crva(fonodnew to a new ward or wards, or attach the same to some existing "' rds• ward or ward;, long enough before the next ensuing gen- cral city election to emtble electors in such annexed ' territory to register, ani all other proper steps to be taken according to law, so that the electors of such annexed ter- ritory may have full opportunity to register and vote at such election. Actual rasider.ts of any territory at the time of the annexation thereof, as aforesaid, shall, if otherwise qual-ified, be qualified electors of the 'city, and be eligible to any mdtice therein at the next general election following such an- nexation. Sec. 3052. Extension of Limits—How Made—Election to Determine. Whenever it shall be c..eemed necessary un- der the provisions of this act to extend the boundaries of tL•e city, such boundaries shall be extended and designated _ Must have ax- by clearly defined metas and bounds, and the same shall not tended umlte: be extended by general, horizontal or parallel lines, nor in all directions at the same time, but shall be so extended, as public necessity demands; in such manner as to include so far as may be practicable, only such territory as may be j thickly built upon, inhabited and needing municipal govern - 1 0 CIIAi Tek OF MCOND-GLASS CITM9. 13 rr tnent, to the exclusion of lands occupied and used for agri- _ �.ultnral purposes Prot^ded further, that whenever the ter- ritory proposed to be annexed shall hot be a city, town, or hn incorporated Villager the question of annexation shall be 4 submitted to the qualified voters thereof, at an elcc• Proposed tt°1Iq may vote on ex• tion to be held for that purpose, (public notic6 whereof hav-tenslon sag been given by t%e mayor of said second class city not less than thirty daks before said election), of the time and places of holding such c!ection, and the purpose for which it is so held; said election to be governed by the general laws in respect to the holding of general elections. The re- ;ults having been c-vnvassed according to law, and four-seV erths of the qualified voters of said territory Voting at said election .having voted in favor of annexation, the mayor of &aid city of the second class shall make proclamation there= of, and said territory shall then become a part of said city. Sec. 3053• Redistricting or Change in Boundary of Wards. When the corporate limits of the city shall be so c.ctended, and whenever and as often as the population of Boundaries of the cit., or of any ward or wards thereof, has been or may Wards mull w be so increased or diminished as to render, in the opinion of Oou Dead the general council, a division or redistricting of the eor- pothtion into wards, or a change in the boundary of any ward or ward, nccess,.ry, the same shall be done by or> dinancC Sec. 3054. Publication of Ordinance Pxtendmg Limits, Upon any ordinance, either for extending the limits of the city, or for making any change or changes in the wards of the city, being :ntroduced into either board of the general/ council, the latter shall.l•efore the passage thereof, by reso- lu►:on, require the city clerk to peblisa a copy of the ords-Ordinchangtnc wards hance in the official nelvspaper of the city, for at least three or limits mut bol; weeks within the four weeks next afier the passage of suchloropasingth resolution. .After such publication, proof thereof shall be made and filed with the city clerk, and if the board into which said ordinance may have been introduced shall be sat- isfied that such publication has been made, it shall, by a Vote, an find, and the city clerk shall make a record of such find, i 14 CRA11TER UP SECOND-CLASS CITI1rS. ing in the journal of the current proceedings of that board, tv:.ich record shall be eonclwive evidcnee of the truth of the Lt is so found; should said ordinance be amended in either board after such publi:ation, then the ordinance as aniend- ed, shall be again published for the same time and proceed - c.1 with in all respects as ill case of the original ordinance. If such ordinance is passed by the general' council at the 9rs4 or second regular meeting after such last publication And finding, and not later, and duly approved by the mayor, the same shall be in force until repealed or altered. Sec. 305s. Redistricted or Changed Wards--Qualifica• tions of Voters. In case of redistricting or division of the city into wards, or change of boul:dary of any waA or wards, every qualified elector 'residing in any ward at any voters is general city election next thereafter, duly registered, shall chanced wards be a qualified outer of such ward; and nothing in this char- ter harter contained shall be st, construed as to prevent any elector from voting or being eligible to any o!iice, by reason mctely of such redi arictling or divi�i.nn, or er,•ation of any new ward or wards, or chau;;c in the bound.lry of' any ward or wards. Sec. 3o56. Redistricting or Change of Wards—When Not to Be Made. There shall not be a redistricting or division Timao!change of the city into wards, or Change of -boundary of any ward or wards, w:thin two months next preceding any general city election. Sec. 3057. Territory of Wards—Equality in Population. All wards which may be established by ordindree, as afore- said, sit -ill be composed of adjacent and connract territory, and the several wards, a the time of redistricting, shall con - Wards must be tain as nearly an equal number of inhabitants as may be tiiion�a�Da practical -le. The ward: shall be numbered conveniently from one up to the highest number thus established.. SUBDIVISION IV. (a) General Powers. Sec. 3058. General Council—Ordinances and Powers of Council Generally. The general counei shall have power by on' el a la" ni thy• t.Lit. CI71 er, wit 11 nal. sL•, r mrl th, 16th ., 3' t n f S . SI{t 111 i icii•. n•al i act Ai_ p'+ b-t+� s r r ' :n n r y n. V, of �y k li CHARTER OF SECOND-CLASS CITIES. 15 ordinance—t, Quarantine and Health—Quarries, Stohe,Grav- el and Sand—Nuisances To establish rnd enforce 'quarantine -laws and regulations to lawn tlnn B prevent the introduction and spreadlawr of contagious diseases in the city, and within two miles thereof, and to provide for the destruction of all diseased or deleterious articles of food or drink; to establish and main- tain public hospitals within or without the city, and to that end may condemn prop:7rty therefor, or to contract with oth- ers for such purposes; to regulate hospitals, infirmaries, etc., within the city, and to secure the general health of the in- habitants by any neces,ary measure; to regulate or prohibit st-ine quarrks' and quarrying of stone, sand, gravel or loam; to provide for the erection, management and regulation of slaughter houses, and to regulate the. slaughtering of ani- mzls; to regulate and prevent the driving of stock through the city or any part thereof; to prohibit, remove and regu- late the erection or maintenance of soap factories, stock yards, slaughter house:, pig pens, cow stables, dairies, coal oil and vitriol factories, and all other.factories which the gen- SECTION 3058,- 1. Action and remedies against city. Injunction not prohibition, is the prcper rNmrdy to prevent a city cgnncil frcul making an unauthorized appr•gpriation. Patton v. Stephens, 14 Bush. 321. When one is being pros- +ecuted under an ordinance for holding possession of S street, etc., and he rlaint> that he i- the owner of the street. iniuncrion, until the right of prop- erty can be determined, is the proper remedy, the amount of the fine not 1 eing sufficient .to authorize an appeal. oi�inkle t. Covington, 83 Ky...t" 7 R.. 412 2. When the duties of a municipal corporation zre m;nisterial the writ' • of mandamus lies to compel their performance; but when they are judicial in their nature, it is otherwise. Newport v. Terry, 80 Ky. 354: 4 R., t85. ?, Writ (1 of prohibition, jentedy lsresciibed b, .!carter for testing vel_ itlity of an or•limince; but w:len the ordinance is t, li.i, it is not the proper remedy for determining the right of property as between the citizen and the city. Shinlcle V. Covington, 83 Ky,, 120* 7 R.. tl>. 4. Authority to sell and convey.' Power of trustees of tdwn under acts au'horizing them to sell and convey ,town Tuts. Orr v. Foote, to It. M., 387; Mason v. Mulholn, 6 Dana, r40. S. Contract witb bridge company --Penally. � rdinanc^ granting to bridge canp:uty the use of a street in •.nnsideratinn thit toils should be 16 / CHARTER OF SECOND-CLASS CITIES. era council may, by ordinance, declare to be nuisances, with - Nuisances. f tl.e. city, and within two miles sin in prescribed limits oess ny busin of: to regulate or prevent the carrying all-ofa which may be dangerous or detrimental to the public health.. or the manufacturing or -,rending of any articles dOr crious to the health of the inhabitants; to declare, prevent and abate nuisances„on pubic or private property, and the causes thereof; and the mayor, whenever in his opinion a nuisance exists on public or private property, or whenever a nuisance has been so declared by ordinance, is authorized to abate and r -,move such nuisance and the cause thereof, in a summary manner, at the cost of the Omer or occapant of the premises where the nuc;: nce or the cause thereof may be, and for that purpose msy enter upon and take possession of N any premises or property where such utdsances may exist or be produced; to constitute a board of health, and elect or appoint necessary health officers. 2. License Tax on occupations, Exhibitions, Suppressior. License tax of Illegal Business. To license, tax and regulate undertakers, provided, dealers in vendors auctioneers, grocers, merchants, baker;, , as fixed in the ordinance constitutes an enforlcon�"ca'tbagelntle cof the ao power to pass an ordinance imposing a penalty P company who should vic•late the contract. Citv of Newport V. 'N. 3 C. Bridle Co, 90 KY., 19;t: 12 R., 39• 6. Council may abolish office created by it. Chief o[ the fire depart- the right ntt of Nc%vpcjrt was ete c Ilor ' term the council b nl to abolish the office at anytitrie. of Williams ctv. Newport, 12 Bush, 438• 7, Donation by :ecoud class city, of money- to aid in2recRi, 147of State hooses of reform is upheld in Board of Trustees V. City, 3 8. Election of officers by city council. When the charter provides for the election of an officer by the city council, a uta;nrity of the vote% cast, there being a quorum present and voting, will elect the officer in the ab- sence of an express statute requiring a majority of the body. City council tray adopt rales which will facilitate its proceedings in the election of o$t- cers; and there is nothing unreasonable in a rule providing for the dropping of a candidate receiving the lowest number of votes after the fourth roll call. 'Morton v. Xoungerman, 89 Ky., 505; re R., 88f1: and sec note to sec- tion 304.:. . g. Enforcement of contract by ordinance,' A city cannot enforce its 0 It CHARTER OF SECOND-CLASS CITIES,.-. " and deliverers of breidstuffs, retailers, hotels,'inns, imtkeep• er•, coffee houses, caldt•ns or wholesalers of spirituous. vin- ous.or malt liquors, boarding houses, tenement houses, office buildings, public buildings, public sales, public grounds, con_erts, photographers, artists, agents, posters, runners, erumtners, plumbers, public lecturers, public meetings and shows, real estate agents and brokers, financial agents and brokers,, commission merchants, house agent>, lightning rod agegts, rental agents, claim agents, sewing machine agents and srlicitors for on sewing machine companies, brewers' agents, advertising agents, loan and brokerage com. p:unies, merchandise brokers, produce brokers, railroad tick• t brokers, amusementti,ket brokers, lumber brokers, bill posters, junk dealers, second hand dealers, coal dealers, ice sealers, ice cream dealers, milk dealers, grain elevators, cyclo- ramas, panoramas, skating rinks, storage and transfer houses, nurserymen, pedestrianexh'l.:tions, wrestling exhibitions, pri- vate detectives, private detective agencies, horse and cattle' dealers; patent right detlers, inspectors and gaugers, stock yard and wagon yard proprietors, laundries, examiners of titles 17 0 contracts by penal ordinances in cases which do not involve the morals, health or safety of the people. It must resort to the courts like individu• als. t.ity ci Newp,n•i v. N. & C. Bridge Co., go ICv., 19,3: r. R., 39• to. Legislative power. The power vested in cities and towns• to make . by-laws and ordinances for their government does not impart power to su- persede the laws of the State. March v Com., 12 B. M., 25. n. License may be imposed on trades and occupations,and on vehicles -let for hire, but a tax cannot he placed on vehicles not used or let for Lire. City of Covington v. Woods, 98 Ky., 344; 17 R•$ 927• 12. License tax on.keeper of livery stable, and for each vehicle kept for hire is valid. Nilson v. City, tog Ky., 76;: 20 R.. tc93-1980; see fur- ther notes to sic. 18t, Con., and Baker v. City; 21 R., 809. 13. Majority of council—quorum. A majority of the rle�ahers of the . cat:ncil form a quorum, and can perfrnn the business allotted to their bodv unless restrained by some specific,inhibition. Covington v. Boyle, 6 Ursh, 206. 14. Ordinances. Plea that defend: nt has no information :,ulhcient to f -,-Int a belief as to whether certain ord:t.nnces were ever published, "as re- gnired by law," is but a statement of Itis w•anr of information as to the sat;. Greer v. Covington, 83 Ky., 410; 7 R., 419. 18 CHARTER OF SECOND-CLASS CITIES. conveyances, mercantil- agencies, insurance companies, law- yers, physicians, insuranceagents, brokers, bankers, banking and other corporations :,nd institutions, telegraph, telephone and district messenger companies or corporations or institu- tions, street railroad companies or corporations, livery, board, feed and sale stables, hansoms, cabs, hackney coach - e:. carriage3, barouche;, buggies, wagons, omnibuses, carts, drays job wagons, and all other vehicle:; used or let for hire: - lenders of money on el::ittels, or chattel mortgages; and reg- ulele the width of the tires of all vehices for heavy trans- eportatinn: to license,'tax, regulate or suppress ordinaries, hawkers, hucksteri, peddlers, auction houses, and the keep- ers and occupants thereof, brokers, pawnbrokers, money changers, intelligence and employment offices and the keep- er= and occupants thereaf; public masquerade balls, street exhibitions, dance houses, fortt:ne tellers, clairvoyants, pis- tol galleries, itinerant doctors and doctoresses, corn doctors, private and venereal hospitals; museums and menageries; magnifying glasses for the use of which charge is made; bil- liard tables, pool tables, other tables and instruments used 15. The records of a city council most show that an ordinance re- ported was ado6tcd; or it will be invalid; extrinsic evidence is not corn - I -t -tent. Covington v. Ludlow, i Met.,2c;8. 16. When a by-law enacted under a general grant of power, or by Airtuc of its incidental authority, is t•artial, unreasonable or e;press.vc,' it will be declared void Simrall v. Cuvmgton, go Ky,, 444; 12 R., 404. 17. Ordinance may be impeached by fraud, but because an ordinance injuries in a peculiar way a particular individual will not raise the pre- sumption that it was enacted to anno, ,him. Shinkle v. Covington, 83 Ky., 420; 7 R., 412. 18. If a city ordinance is invalid one affected by it may, to prevent irreparable injury and a multiplicity of prosecution, go into a court of equity 4or reliel. Cicy of Newport v. N. & C. Bridge Co., go Ky., 193; 12 R., 39; see Shinkle v. Covington, 83 Ky, 420: 7 R•, 412• tg. Pesthouse—establishment of -removal of the patients to—board of health.. Hengehold v. City, 22 R., 462. 20. Public park—grounds for may be purchased by the city. City of Lexin�.ton v. Chautauqua Assembly, V. R•, 1568, 21. Street railway—construction--regulation. Without sone legisla- tive authority a city cannot authorize 'the*construction of street railways. k J 9 CHAR'1`EI2 Or $ECONn.CLASS CITIES. 19 for public amusements; circuses, operatic, theatrical and oth- • r exhibitions; shows and amusement saloons;coffee houses ; beer houses, tippling hauses, dram shops, money brokers, equestrian performances, horoscopic views, hung testers, mus- tcle developers, pin alleys, ball alleys, shooting galleries, and io suppress bawdy and disorderly houses, houses of ill faint hnd assignation; prize lights, coon fighting, dog fighting) cock fighting) chicken fighting, gaining and gam- ; bling houses, and , to destroy the insrruments of giming; F t.b provide for and enforce the registration of birth,, mar- - )sages and deaths; to prohibit sale,, distribution or giving e away, directly or indirectly, of lottery tickets and notices, cir- culars and advertisements of lotteries and lottery 'drAwiags hnd to suppress places where lottery tickets, notices, circa - hats and advertisements of lotteries' and lottery drawings ; ire kept, sold cr distributed or given away; to license; tax r 'and regulate all occupations and professions and trades not heretofore enumerated,of whatsoeve• name or character; to ' license, tax and regulate haekmen, draymen, omnibus drivers, porters, and .:1t other pursuing like occupations with or withuut vehicles; and to license, ta.�t, restrain or prohibit runners for cars, stages, hotels and public housta. \ ' 3• Levy, Assessment and Cot lectirn of Taxes. To pro - { Vide ofta4et 4ide for the levying, assessment and collection of taxes, is provided in this act, upon all property rade taxable for state purposes, within the limits of 'the city, and not exempted by general law from municipal taxation. d• Nater Supply. To provide the city with water; towatetauDDlt. % make, regulate and establish public cisterns, hydrants and reservoirs, in or under the streets within the city, or be- yond the limits thereof, for the extinguishment of tires and the convenience of the inhabitants, pnd to preVe fit tfie un- necessary waste of water, and to compel any water com- City may exact a bonus for the privilege of using its streets. Covington Street Railway Co, v. Covington, 9 Bush, tai. 3a. Regulation of number of employes on street cars by ordinance is s valid exercise of police power, South Covington & Cin. Ry, Co, v. Berrys ' 1:3 Ky. 43; 13 R., 943. 20 C14APTFP OF SECOND-CLASS CIVES. pony, corporation or individual to changt or re -locate any water main or pipe. 5. Fridges, Culvert- and Sewers—Water Courses. To Acquire, establish and cr:et and maintain bridges within the rirld,ms and Hewure. ei+y, and from the city across any river, water course, and so forth, botindit►g the city, and may, until swirl bridge shall have been paid for, ebatgc toll for erossiug the same, and may do so jointly with any municipality on the opposite side of such rivet, water courses, etc.; to establish, erect, main - lain and regulate the use of culverts and sewers; to establish, alter, deepen and change water courses, natural and artifi• tial: to ehange the channel of the same, and to wall them tip and cover the same. 6. Lights for Streets, Public Places and Buildings and lnl•.abitahts. To provide, by themselves or through others, Mthis, for lighting the streets, public places -ird buildings,and fur- ,hashing light to the inhabitants, and to regulate the -quality ar.d quantity of the light and the method, time of, and appli- ances for furnishing of the same. To compel any and all and light companies, or persons furnishing light, to change' relocate gat mains or pipes, or poles, electrie wires and. con- duits for electric wires; tr place those above the surface of the groanrl under it; to change the method of conveying the light, and, generally, to do things eonducing to the safety av-d comfort of the inhabitants in the premises, 7• Market Houses and Other Buildings. To provide,. karket-house for the erection and maintenance of market houses and all needful buildings for the use of the city; to provide for the government and regulation of markets, market places and meat shops, and the atnount of licCnsC. tax to be paid there- for. S. inspection of • Meats and Other Provisions—Eny prrossing. To restrain and punish engrossing, forestalling and regrading to reguinte the inspection and vending of inspection of 4n;;ats, ete, flesh, fish, meats, poultiy,'fruits, vegetables, butter, lard and ether .provisions, and the place and manner of selling and in- specting the same. 9. Public Grounds. To provide for enclosing, improv - CHAT tPP, -bF StCONb-CLASS CI'TIPS. 11 Public irig and regulating all grounds belonging to the city. grounds to. Intoxicating Liquors—Regulation of. To restrain, regulate and prohibit the selling or giving away of any spiritu- Regulating y vinous or malt liquors, by any person within the city, other aa1W11M. nus, than those duly licensed; to forbid and punish the selling or giving away of any spirituous, vinous, or Malt liquor to aAy t Woman, minor or habitual drunkard. n. Weights ani Aleasures—Inspection of Elevators, Ilnrning Fluids and Other Goods and Provisions. To estab- Regulating fish and regulate the stindard of weights and measures, to aooaauroslld be used in the city, aidto provide for the inspec.- u tion of all weights. and measures, and. to compel dealers in all kinds of .coal to weigh the same on d public scales, and to establish, license,.tax and regulate pub- lie scales, and the charges fof the use if the same; to make -and provisions for the inspe, tion and measurement of lurcher . other buil3ing material; for the inspection of elevators, elevators. ng levalura. y i- srlam boilers and all steam heating apparatus, and to license etcclers.ous, i.-. it - engineers and others using steam boilers or other steam ap- „( paratus in said city, and for the inspection of beef, pork, �1 oil, naphtha, ben7ine and other burning fluids; 3- meal, oil, coal ,( molasses, sirups, lurpertine, vinegar, beer, ale, wines, whir - ;,e key, rum, brandy and other spiritous, vinous or malt liquors) +a barrels, hogsheads or other vessels; for the inspection and ly weighing or measuring •Sav, coal, charcoal, fire wood and all other kinds of fuel to be used in the city; for the inspection of de butter, cheese, milk, lard and all other provisions; for regu- :11 lating the weight and quality of bread: Provided, that noth- ing Ill shall be so construed as to authorize an inspec- ! tion of any article enurnrrated in this subdivision which is to rc• b.; shipped beyond the iimits of the city, except at the re- . quest of the owner thereof; to inspect and regulate house ' r drainage and sewer connections. , of �., t2. Riots, Routs and Unlawful Assemblage—Nuisances, penal ardi' n1111CO16 lid To restrain and prevent any riot, rout, noise, disturbance or . n- disorderly assemblage; the playing of ball or any other amusements or practice dangerous or annoying to persons or properly, or tending to frighten horses or teams in any u., 0 0 I CHARTER OF SECOND-CLASS CMV -9. piny, corporation or individual to cbangt or re -locate any water main or pipe. 5, Fridge„ Culvert= and Sewers—Water Courses. To n Acquire, establish and erect and maintain bridges within the i rtdRes and wore, ci+y, and from the city across any river, water codrse, and ` so forth, bounding the city, and mny, until said bridge shall have been paid for, charge toll for crossing the same, and ` may do so jointly with any municipa'rtv on the opposite side of such river, water courses, etc.; to establish, erect, main- T Iain and regulate the use of culverts and sewers; to establish, alter, deepen and change water courses, natural and artifi- tial: to change the channel of the same, and to wall them tip anti cover the sante. 6. Ligl.ts for Streets, Public Places and Buildings and inl abitants. To provide, by themselves or through others, for lighting the streets, public places and buildings, and fur- r' .Itthls, hishing light to the inhabitants, and to regulate the -quality di:d quantity of the light and the method, time of, and appli- anct!t% For furnishing of the same. To compel any and all and light companies, or persons furnishing light, to change relocate gas mains or pipes, or poles, eiectric wires and. con- ;a duits for electric wires;tc place those above the surface of the ground under it; to change the method of conveying the s. light, and, generally, to do things Conducing to the safety (. a+•d comfort of the inhabitants in the premises. 4 7. Market Houses and Other Buildings. To provide,. Market house for the erection and maintenance of market hooses and all needful buildings for the use of the city; to provide for the government and regulation of markets; market places and treat shops, and the,atnaunt-of license tax to be paid there- for. 8. Inspection of Meats and Other Provisions—l;tt- grossing. To restrain and punish engrossing, forestalling and regrading to regulate the inspection and vending of . in,pcctlon of meats, etc, flesh, Ash, meats, poultty,'fruits, vegetables, butter, lard and t other provisions, and the place and mariner of selling and in- specting the same. g. Public Grounds. To provide for enclosing, improv- s 0 0 I ,l �w�1a�,Xl,r�f*=^"...;F!,:�.�,:.,:^.. •nrtw'Y:w..«.w } . rN �-e?!<r,� 1}2fin'"i"J1 �a�.��.s .�:.i:a. ,. CAAATtA •bF StCOO CLAS CITIES. 21 Public ing and regulating all grounds belonging to the city. trounda to. Intoxicating Liquors—Regulation Of. To restrain, y, o regulate and prohibit the selling or giving away of any spiritli- Retulatint saloons ous, vinous or malt liquors, by any Person within the city, other y, I than those duly licensed: to forbid 4nd punish the selling or giving away of any spirituous, vinous, or malt liquor to any k Woman, minor or itabitunldrunkard. j it, Weights and Measures—Inspection of Elevators, burning Fluids and ON.ier Goods and ['revisions. To estab- Ratutettne << lish and regulate the st7ndard of weights and measures, to weights slid be used in the city, arld to provide for the inspec, maaauroe. tion. of all weights and measures, and to compel 1 dealers in all kinds cif coal to weigh the same on i pahlic'seales, and to establish, license, .tax and regulate pub - lie scales, and the charges for the use if the same; to make ent of lumber provisions for the inspeo tion and measuremelovatours Inepectlnt and other Luil3ing material; for the inspection and to l cense both ra,ofla, sr.am boilers and all steam heating app etc. 1 engineers and others using steam boilers or Other steam ap- 1 paratus in said city, and for the inspection of beef, pork, �1 meal, oil, coal oil, naphthar benTine and other burning fluids; i molassessirups, turpentine, vinegar, Leer, ale, wines, whis- key, rum,, brandy and other spiritous, vinous or malt liquors, y ;n barrels, hogsheads or other vessels; for the inspection and weighing or measuring •hav, coal, charcoal, fire wood and all otter kinds of fuel to be used in the city; for the inspection of butter, cheese, milk, lard and all other provisions; for regu- lating the weight and quality of bread: Provided, that noth- ing herein shall be so construed as to authorize an inspec- tion of any article enmr4erated in this subdivision which is to he shipped beyond the iimits of the city, except at the re- �� quest of the owner thereof; to inspect and regulate house .*.. ' drainage and sewer relic.°ctions. , ' t , ta. Riots, Routs slid Unlawful Assemblage—Nuisances, ¢euclmordt► : nd To restrain and prevent any riot, rout, noise, disturbance or disorderly assemblage; the playing of ball or any .other ' amusements or practice dangerous or annoying to persons or N.property, or tending to frighten horses or teams in any I CHARTER OF 81COND-CLASS CITIES'. strcet, house or place in the city, and to regulate or prohibit the running, at large of cattle, cows, hogs, goats, and all oth- er animals within the limits of the city, and to authorize the impounding and the sale of the same; to restrain and probib• it the ringing of bells, blowing of horns, bugles or steam whistles, Crying of goods and all other noises, performances and practices tending to the collection of persons on the streets and sidewalks, by auctioneers and others, for the pur- pose of bt:siness, amdserrent or otherwise; to prevent and re- move all obstructions and encroachments upon or over the sidewalks, curbstones, carriageways, streets, avenues and al= ,cys at the expense' of the owners or occipar.ts of the ground fronting on the same. 13. Protection of City's Rights. To take all needful steps, in or out of the slate, to protect the rights of the city ir any corporation in which the city may acquire an interest. 14. Support of Insane and Inebriates. To provide for the support and maintenance and confinement of '(hots, in, sane persons and inebriates, and to make suitable provis- ions for the maintenance and sVpport of poor persons. 15• Enumeration of Inhabitants. To provide for the enumeration of inhabitvtts tof the city for any purpose what, ever. 0. City Prison, Workhouse and Other Buildings— Purchase and Sale of Property. To establish, erect and City prison, maintain a city prison, a workhouse, a hoose of correction, a work-houao, :iouse of refuge. and all other municipal buildings; make all eta needful regulations, ant. appoint all proper persons and as- sistants therefor; to purchase, rent or lease, within the Jim, its of the City or elsewhere, any real or personal property for the use -of the city, and to control, manage, improve, sell 1 ase or otherwise dispose of the same, for such purposes and • Considerations as they may deem proper for the public wel- fare. • n 17. Fast Riding and Driving—Standing of Animals and vehicles --Driving Heavy Vehicles—Abuse of Animals. To ltc�ul¢tlnQ•, i crl1lclos and prevent, prohibit or suppress horse -racing, immoderate driv- ' unlm¢la ing or riding within tile, streets, and to authorize any persori J i J I� . 22 I i N i �bj • l 1'rotecttnQ rltrhts of uNs ,J UrinklnR and lnsene persona. II� I i Census, CHARTER OF 81COND-CLASS CITIES'. strcet, house or place in the city, and to regulate or prohibit the running, at large of cattle, cows, hogs, goats, and all oth- er animals within the limits of the city, and to authorize the impounding and the sale of the same; to restrain and probib• it the ringing of bells, blowing of horns, bugles or steam whistles, Crying of goods and all other noises, performances and practices tending to the collection of persons on the streets and sidewalks, by auctioneers and others, for the pur- pose of bt:siness, amdserrent or otherwise; to prevent and re- move all obstructions and encroachments upon or over the sidewalks, curbstones, carriageways, streets, avenues and al= ,cys at the expense' of the owners or occipar.ts of the ground fronting on the same. 13. Protection of City's Rights. To take all needful steps, in or out of the slate, to protect the rights of the city ir any corporation in which the city may acquire an interest. 14. Support of Insane and Inebriates. To provide for the support and maintenance and confinement of '(hots, in, sane persons and inebriates, and to make suitable provis- ions for the maintenance and sVpport of poor persons. 15• Enumeration of Inhabitants. To provide for the enumeration of inhabitvtts tof the city for any purpose what, ever. 0. City Prison, Workhouse and Other Buildings— Purchase and Sale of Property. To establish, erect and City prison, maintain a city prison, a workhouse, a hoose of correction, a work-houao, :iouse of refuge. and all other municipal buildings; make all eta needful regulations, ant. appoint all proper persons and as- sistants therefor; to purchase, rent or lease, within the Jim, its of the City or elsewhere, any real or personal property for the use -of the city, and to control, manage, improve, sell 1 ase or otherwise dispose of the same, for such purposes and • Considerations as they may deem proper for the public wel- fare. • n 17. Fast Riding and Driving—Standing of Animals and vehicles --Driving Heavy Vehicles—Abuse of Animals. To ltc�ul¢tlnQ•, i crl1lclos and prevent, prohibit or suppress horse -racing, immoderate driv- ' unlm¢la ing or riding within tile, streets, and to authorize any persori J CHARTER OF SECOND-CLASS CITIES. 23 ' ¢ o, strip any person immoderately riding or driving as afore• said; to prohibit and punish the abuse of animals, and to pre- vent the hitching of any animal on.any particular street or streets; to prescribe the manner and limit the time of standing animals and vehicles attached to animals in any.' street or streets, and to forbid large and heavy -loaded ve ticles from passing slang particular street or streets. 0 tfd. Vagrants, Beggars, Gamblers and Prostitutes. To restrain and punish va,rants, mendicants, street beggars, gamblers and prostitutes, ani define who shall be considered Puntshut¢ Y unishi . e14, and treated as vagrants ig. ' License and Tzx of Dogs—Dogs Running at Large. Tu=tnadu¢x To license, tax, regulat_ „r restrain and orchibit the running at large of dogs, and to authorize .their destruction when at large contrary to ordinance, and impoie penalties on the owners or keepers thereof. 2o. Control of Railways,' Poles, Wires, Bridges in the Recut t.tut Streets. To direct and control the laying and cor.strnetion,,, of str,•,•t,; y c of steam; electric, street or other railroad tracks, bridgrs,ti, °rw:r::• turnouts and switches, poles, wires, apparatus and appli- anees in the streets and a4eys, and the location of depot grounds within the city; to require that bridges, turnouts and switches shall be so constructer) and lai•1 ss to interfere its little as possible with ordinary travel ind the use of the I; streets and alleys, and that snf6ri•.nt space shall be kept on i either side of said tracks for the safe and convenient pass- age of teams still persom;'to require all railroad companies construct and keep. in repair suitable crossings at the in- tersection of streets, alleys, ditches, sewers, culverts, and to light and. guard the same; to require said companies to erect gates at certain or all street crossings; to direct the use and i. regulate the speed of Icir motive Seng;res, steam, electric, street or otherkind of cars within the limit, of the city;' to 'prohibit and restrain railroad companies from doing any stor- age and warehouse business, or collectin•, money for storage, ; except' in cases where the consignor or consignee of goods or wares fails to remove the same, within a reasonable time' - y: [rein the depots of such companies, and to prohibit the mak- I M Il C Lw,&A.. 2f CHARTER OF SECOND-CLASS CITIES. ' r 1 V ing•of running switches. Putting 21. Telegraph, Teleplinne and Electric Light Wires. 'ro wires under ground. compel telephone, telegraph, gas and electric light compa- nits, and all persons and corporations using, controlling or mahaging electric light wires, for any purpose whatever, and 'telegraph and telephone wires, to put and keep their wires under ground, 'and to regulate the manner of doing.the same, and the use of .all. such wires and the connections therewith. Firedepart- 22. Fire Department. To provide for the establishment Q1eat• end the maintenance of a fire department, and to make all needful regulations for the prevention and extinguishing of fires. 23. Fines, Forfeitures acd imprisonment. To impose, Nines. enforce and collect lint;, forfeitures and penalties for tht breach of eny provision of this act or any ordinance; to pun, i�h the violation of any provision of this act, or any nrdi- nance'of this city, by fines or impriosonment, or by both fines and imprisonment; and no ordinance shall fix a penalty for a violation thereof at less than tluIt imposed by Statute for the same cffense. 24. Parks, Cemeteries and Public Grounds. To prohibit Public and regulate Ric apening and vacating of parks, cemeteries, property. � graveyards and public grounds within the city. 25. Maintenance of Peace and Good Government. To General. pass all such ordinances not inconsistent with the provisions tKtwere. . •, n' this art or the laws of the' State, as may be expedient in maintaining. the peace, l.00d government, health and welfar: of, the city, its trade, commerce and manufactures, and to enforce the same by fines and penaltic;; Nnd any enumeration of subjects and matters herein to be ecgulated, shall not he construed' as a limitation upon this general power. 26. Eminent Dom. in. To exercise the right of emirent ao ain. domain,' in accordance kith the _ general laws regulating the' exercise of such 'right. 27. . Appropriation of lioney. To appropriate 'money, city expenses Ind to provide for the pdvment of the debts and expenses of the city... r 1 V CHARTER OF, SECOND-CLASS CITIES, 25 ' i Sec. 3059. Ordinances and Resolutions—One Subject Expressed in Title`Amendments. No ordinance and no How unit- re>olution shall be passed unless a majority of the members- urowtud� elect in each board shah vote therefor on a viva vote -vote, which shall be entered it. full on the journals of the two beards, and until it shall Lave been read m each board at two Fevcral meetings, and fice discussion a'lowed thereon; 'so Amuch of this provision as requires a reading at two -several � r m. etings, may be suspended by a vote of two-thirdsof all the members -elect of ;he board in which the prnpused or- dinance or resolution is pending. No ordinance shall em. t i brace- mere than one still ect, and that shall be expressed in Rule ww the title. No ordinance shall be revived or re-enacted by null. mere reference to 'the title thereof, but the same shall be set forth at lenvth, as if it were an original ordinance. No or- dinance shall be amended by providing that designated now avurds thereof be stricken out and oth,rs inserted in ,jell aweuded thereof, but the ordinance or section amended shall be .set 1 ; forth in full as amended. (Approval or disapproval :, r .. by may- or, sec. 11 [.1.) Sec. 2060. Ordinance for Raising Revenue—Where to Originate. All ordinanc.< and resolutions for raising rove- novonueor- ; nue shall originate in the board of councilmen, bot the boarddt°°"'OG' �l of aldermen nay propose amendments thereto; Provided, no new matter is introduced under color of amendment which does not relate to raising revenue V i Sec. 3c6t. Passage, Modification, Repeal of Ordinances —Publication of Ordinances. The general council .-shall have power to pass, modify, amend and repeal all ordi- . powersut n:•nces necessary and proper for carrying into effect the..po•.v- onilellUe r ers granted by this act; :utd all ordigau, es, by-laws, "join - SECTION 3059.— Title rf an ordinance that related to officers and their duties held suf- ficient in Lowry v. City, z; R., s16. i See Lowry vs. Lexington, a; KL Law Reporter,'pg. 5t6, as to title of ordinance held valid under this n. .septi 26 1' ltevislon. 1UN I II , ' Ia ordlnnnes as evldenee. II'm vallllq of onllaane, may he trlet, CHARTER OF SEC:)ND-CLASS CITIES. tions and orders now in force, not inconsislen.t with this act and the Constitution of the State, are hereby continued until they are revised, and un•il revision of ordinances is :Wade and af!opted by the general council, which is hereby ordered to be done within one year :ram the time this act takes effect. 4114 then, and once in every five years thereafter, the city shall cause to' be published in pamplet form, properly in- dexed, all the ordinances and resolutions of a public natter io force. When an ordinance is put upon its final passage in either board, and failing to pass, a motion is made to recon- Sider the vote by which it was defeated; the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the board proceeds to oth- er business. When a Motion is mad -,'and carried to indefi- nitely postpone an ordinate or resolution, the subject shall not be again introduced wither six months. Sec. 3062. Authentication of Ordinances—Evidence. All ordinances and resolutions of the city may be proved by the signature of the clerk and the seal of the city; when printer) by authority of the cit y, said printed copy shall be received in evidence in all courts and places without further proof. Sec. 3063. Validity of Ordinance—How Established— Recording—Warrant fo Violation. The validity of _ity ordi- nances and by-laws may be tried by writ of prohibition from the circuit court, with right of arpeal to.lhe court of aroeale. or upon ex parte petition, by the city, or any bona fide citi- zen and resident there'.rf, to the circuit court, with right of appeal; and it is made the duty of said court to give suclf cases precedence of all other cases, so that prompt decisions may be rendered. Sho uld the judge of the police court de- cide against the validity of any ordinance or by-laws, the said decision, with the ordinance or by-law, shall, on request of the city attorney,' be certified -on the record, and the city shall have a right of carrying said decision to the court of ap- SECNON 3o63.— Validity 063.Validity of ordinance may be tried by writ of prohibi-ion, as provided ill this section. City of Lexington oil appeal, 96 Ky., 258; sec further 1'.air Jr. McCann, 23 R., 1226; Shoemaker v. Hodge, 23 R., 736; and notes 114-18) to sec. 3058. Y 1 I 7 t Y cu y s is be entitled to any compensation or salary unless he, i SECTION—T- 3064.— t. Salaries—fees of peace officer. I Under this section the, city has no claim upon fees allowed a police offiur under section 354 for services ren- dered to the state, but an officer cannot present any claim against the city for services rendered to it independent of his salary or compensatio=• ]Burke on Petition, 19 R., 358; 101 Ky, 175, 2. Salaries of officers cannot be changed during term. Bd. of Ed, v, Moore, 24 R., 1478; 105 KY., 779;.20 R., 1609; and notes to sec. 161 of Con, SECTION 3o64.— See Lowry vs. Lexington, 24 Ky. Law Reporter, pg, 516, 1' I i' CIIAIt't~ k OF SECOND-CLASS CITIES. i 27 peals by appeals or writ of error. All penalties for violation r of the ordinances -and by-laws shall be sued for by warrant, in tho name of the city, to the police court, when judgment may he given as well for the cost as the penalties. The g,n:- eral council shall cause 01 ordinances, resolutions and bv- Irwsj passed by them to be fairly rrcorded iii the ou.rna! of a proceedings, After the a; i0urnment of any session of either ordinaness t _ house, all the original ordinances and all resolutions which rautstbeTa may have been„ ,e laws thereat ihsll be filed with the aucli- ' tor, who shall record the same in well bound books provided for thatpurpose by the city: Provided, that no ordinance shall be recorded until it shall have become a law. The au- ditor shall also make awritten index of the subject of the or- Dudes of ' dinance or resolution, its number, and the date of its becom- Auditor ing a law, together with the record and page where found, Y and he shat! preserve the file and records in his office. Sec. 3064, Salaries to Be Fixed 1,y Council, Except in Certain Cases. The general council, unless otherwise pro- z Vidid by law, shall tax the salary and compen;at:on and lire- g=un ll Must t. scribe the dollen tes of of all officers, deputies and em-ett709tcers i ployes of ' the city, except as to the officers in office when this act takes effect. Such . salaries shall be fixed before their election or employ- , inert, and the salaries of no city officer, deputy or employe, When so fixed, shall be changed after his election, employ- "? ntent or appointment dining his term of office or employ- ment, and no officer, deputy or emplo a of the Y cu y s is be entitled to any compensation or salary unless he, i SECTION—T- 3064.— t. Salaries—fees of peace officer. I Under this section the, city has no claim upon fees allowed a police offiur under section 354 for services ren- dered to the state, but an officer cannot present any claim against the city for services rendered to it independent of his salary or compensatio=• ]Burke on Petition, 19 R., 358; 101 Ky, 175, 2. Salaries of officers cannot be changed during term. Bd. of Ed, v, Moore, 24 R., 1478; 105 KY., 779;.20 R., 1609; and notes to sec. 161 of Con, SECTION 3o64.— See Lowry vs. Lexington, 24 Ky. Law Reporter, pg, 516, t" 2$ Fees Abollshed, salary limit emulation of undines and lu'I Dromlees. I i) I'll loom fires. i� �4� 1 E tYit12 TLYt OF 9,I CU•Nl�-CLAS5 CYTM9. in ocrson, or by a.lthorized deputy, discharges and performs the duties of his office. All officers, deputies and employes of the city, except as hereinafter provided, shall be paid a fixed salaty, and not c;therwisey and all fees kind commissions authorized by law shall revert to and be for the use and benefit of the city, Sec. 3065. Salary Not to Exceed $5,000 Per Year— i?rovisions Where Officers Are Paid Fees. The salary of no officer of the city, in,'Iuding all necessary deputies and clerks, shall exceed $5,000 per annum and no officer to whom fees, costs and commissions may be authorized by. general law to be paid, shall be entitled to or paid any part of his salaryuntil he shall have made on oath an itemized re- port to the general coultcil of all feet, costs and commis cions collected by him, and have paid over to the city treas� urer such fees, costs and commissions collected by him, and have given to the general council satisfactory reasons for 3 failure to collect and pay over to the city treasurer all uncollected fees, C'-sts and commissions. Sec. 3066. Dangetous or Unhealthy Premises—Conte struction of Buildin-s—Fires—Smoke. The city, through its officers and agents, may, at all reasonable times, within the city and within :wc, miles of the city limits, enter into and examine all dwellings, lots, yards, inclosures and buildings, cars and vehicles of every description, to ascer- laiu their condition of healthfulness, cleanliness and safe- ty; take down and remove buildings, walls or superstruc- trues that are or may become dangerous, or require own- ers to remove or put them in a secure and safe condition 1t :heir own expense; may direct and regulate the building and maintenance of partition, parapet and fire walls, parte t;t, .1 fences, ovens, smoke flues, fire places, hot air flues; boile. t, kettles, smokestacks, stovepipes, and the exec - tion and cleaning of chimneys; shall provide for the safe construction, inspection and repair of all private and pub= lie buildings in the city. Compel persons to aid in extin- guishing fires, or in the preservation of property liable to be destroyed or stolen; and compel the consumption of smoke, and make such regulations as may be necessary td prr to UTI riai and unn cur: nth, p ul the an'I f r:i r th(: stict con pa �. Tht the spy ku,• ntai of , the foo dre� in t one or her Ll 1 m, in ao :nd er-. .ie- .Ic- v n. ion ing :W , les: rec- -afe 'ub= .tin-' td of td 4 CHARTER OF SECOND-CLASS, CITIES. prevent the same from becoming deleterious and offensive to health; to prescribe fire limits within which it shall be unlawful to erect buildings of .woou or combustible mate- rial. rial. 29 Sec. 3o67. Provisions Against Fires in Hotels, Factories and Other Public Places. The general council shall, without unnecessary delay, ena(t stringent and effective laws for se- Reirulatlon of hotels and other curing the safety of perEons from fires in hotels, factorieE orbotldinns, other buildings and in halls and buildings let or used for public assemblies, for entertainments or amusements inside the city limits, or within two miles of the city limits. Sec. 3068. Granting Franchises or Privileges—Terms and Manner of. The ge: cral council shall nor grant any Franchises and franchise or privilege or make any noctract in reference °rivile¢es must be Hold. thereto, for a term excu•ding twenty years. Before granting such franchise or privii.-ge for a term of years, the general council shall first, after due advertisement in one or more papers in the eity, receive bids therefor publicly, and award the same to the highest and best bidder, but shall have the right to reject any and ::II bids. Sec. 3069. Expend tune of Money Limited—Penalties. The general council shall not expend any money in excess of Ltmltatlon and the amount annually let led, collected or appropriated for any money ltur.i of special object. Any member of the general council who shall knowingly vote for any t:ppropriation of money or for the making of any contract in violation of this act, or any officer of the city who shall knowingly do any act to impose upon the city any pecuniary liability in excess of the authority. in this act limited, shall be guilty of a misdemeanor, and, upon penultles. conviction, be punished by a fine of not less than one hum- dred nor more than one thousand dollars, or imprisonment in the county jail not less than one month nor more than one year; or by both sock fine and imprisonment. Sec. 3070. Appropriations Restricted. No appropriation or payment shall be made from any revenue or fund account limitepr1s01wa in excess of the amount ..,ctually collected or anticipated, as U hereinafter provided, and in the treasury. { ' I Sec. 3o67. Provisions Against Fires in Hotels, Factories and Other Public Places. The general council shall, without unnecessary delay, ena(t stringent and effective laws for se- Reirulatlon of hotels and other curing the safety of perEons from fires in hotels, factorieE orbotldinns, other buildings and in halls and buildings let or used for public assemblies, for entertainments or amusements inside the city limits, or within two miles of the city limits. Sec. 3068. Granting Franchises or Privileges—Terms and Manner of. The ge: cral council shall nor grant any Franchises and franchise or privilege or make any noctract in reference °rivile¢es must be Hold. thereto, for a term excu•ding twenty years. Before granting such franchise or privii.-ge for a term of years, the general council shall first, after due advertisement in one or more papers in the eity, receive bids therefor publicly, and award the same to the highest and best bidder, but shall have the right to reject any and ::II bids. Sec. 3069. Expend tune of Money Limited—Penalties. The general council shall not expend any money in excess of Ltmltatlon and the amount annually let led, collected or appropriated for any money ltur.i of special object. Any member of the general council who shall knowingly vote for any t:ppropriation of money or for the making of any contract in violation of this act, or any officer of the city who shall knowingly do any act to impose upon the city any pecuniary liability in excess of the authority. in this act limited, shall be guilty of a misdemeanor, and, upon penultles. conviction, be punished by a fine of not less than one hum- dred nor more than one thousand dollars, or imprisonment in the county jail not less than one month nor more than one year; or by both sock fine and imprisonment. Sec. 3070. Appropriations Restricted. No appropriation or payment shall be made from any revenue or fund account limitepr1s01wa in excess of the amount ..,ctually collected or anticipated, as U hereinafter provided, and in the treasury. { ' I 30 CHARTER OF SECONQ-CLASS CITIES. S T. h�. i Sec. 3071. Apportionment of the Revenue—Appropriat- ing 1lioney—Borrowing—Interest -- Bonded Indebtedness Within the first month cf each fiscal year the general coun- cil shall, by ordinance, as near as practicable, make all fie- ccsfary ,pportianmenti cd the revenue to be raised for such Year for the expense of the several departments and for all oablic works, tinder proper headings, and for such other ob- jects as may be necessary to provide for. All ordinances that .: Revenue"101 contemplate the appropriation of any money shall, upon their i second reading, be referred to the appropriate committee of . the hoard in which such ordinances are intrdduced, who shall i obtain the endorsement thereon of the auditor to the effect ;1 {t snli'icient unappropriated means stand to the credit of the j fund or revennc accourt therein mentioned to meet the re- j i6rements of fuch ordinances, and that the same is in the treasury, or it shall not be lawful to pass the said ordinance. The general council shall have power to borrow money on the credit of the city in the anticipation of revenue from gen- eml tares, for the fiscal half year in which the same is .bor- towed, and pledge any rf the properly of the city except s.!iool property, or pKge any part of the anticipated taxes of the city for the payment of the principal ano interest of huch loan: Provided, tLttt the interest paid shall in no case exceed six per centum per annum, ani the principal shall in no case exceed fifty per centum of the anticipated revenue.. city may lanae The bonded and floating debt of the city at the time of the bonds. r t cr Its•a 6e of this act, which has been authorized by contract or general law, shall remain unimpaired,and the general council may,issne renewal bonds or funding bunds, bearing not ex- cec(ling six per centum per annum interest, in payment of su, h bonded or Floating debt! Provided, that the issual of the said renewal and funding ho -ids shall not exceed tl•e prirlci- pal of said bonded and floating -debt, and said renewal and funding bonds shall no be sold for less than par and accrued interest. Sec. 3072. Bonds to Pay for Uncompleted Contracts. The general cnuncil dial; have power tn issue city bonds for tmurovemeat an amount sufficient to c,)nstruct, con.-plete and nay for any lrocds• sewer, budding or ether public improvement authorized to S T. h�. i it - ss n- e - r It :1l •b- lst rir of all 'et hr :c - he c. ort en- rr- ;pt :f o n[ tsc in nc.. ;hr or :cil ex- uf The ei- :nd led CHARTER OF SECOND-CLASS CITIES. 31, bw: heretofore enlcted, nr for the coo e constructed under l�t pialing and carrying out any contract made for the construc- tion of any such sewer, building or imorovement: Provided, 0.at such bonds shall not bear exceeding six per centum per ,rnasi interest, payable annually or semi-annually, end shall t not be sold for less than par and accrue•1 interest, and be not 1 ii.. -iolatirm .of the Con>titution of this Commonwealth. Sec. 3073. Increase of Indebtedness—Vote as to—Bonds Sinking Fund: If, at the,time of the adoption of the prevent Constitution, the aggrcgrte indebtcdm ss of the city, bonded ur floating, including that which it has been or may be au-gesa,attottof t`.:•.rized to contract undtr the provisions of the present Con-tndebtednem- st:+ution shall exceed ten per centum of the value of taxably property therein, then such city shall be authorized and per- mittted to increase its indebtedness in an amount not exceed - mg two per centum: Provided, the assent of two-thirds of the voters, voting at an election held for that purpose, shall Elections. . have heretofore been or may hereafter .be obtained, and to is- sue bonds for such incrersed indebtedness to the amount so authorized by the vote c.f the people, and to levy and col- . 1 e.t an annual tax sufficient to pay the interest on C •d • d bt •d d . an m ce nese, an ,o create a sutkmg fund . for the payment of the principal thereof, within not more than forty years from the time ' of con- trarting the same. '.Said bonds shall bear the seal of theeouds. city; and be issued under the signature of the mayor, conn- / . tersigned by the treasurer; shall be.sernally•numbored, and in such form -and denomination and for such time or times as the council or city government may prescribe by ordinance, r and shall bear interest not exceeding six per centum mper an- -iu, payable semi-anncally, and shall have interest cou- pons attached, and shall not be sold for less than par and ac - SECTION 3072.— Bonds may be issued to carry out or complete contracts authorized be- fore the adoption of present Constitution, though in excess of limitations imposed by the present Cons.itution. City of Lexington on Appeal, 96 KY.. z58; 16 R., 467; Warren v. Newp:.rt, 23 R., Ioo6; Con., secs. 157-8, and notes. I 32' CHARTER OF SECOND-CLASS CITIES. trued interest, and tfieir proceeds shall be u,ed excht=ice!y to pay the interest on and create a sinking fund for the pay- ment of the principal of slid indebtedness herein authorized, or that may have been n.uthorized. 0 Sec. 3074. Exemptions from Taxation. The general c,nmcil shall have power to exempt manufactering establish - Tax exemattons merits from municipal taxation for a ,•eriod not exceeding five year::, -is an inducement to their location in the city. (See sec. 170, Con.) Sec. 3077. Funding and Refunding Bonds—Authorized to Issue. The cities of the second class in. the Commonwealth ding of Kentucky, viz.: Covington, Lexington and Newport, are bonds. Thereby authorized and empowered to issue funding bonds for an amount sufficient to pay off their floatingdebts exist - LJ Sec. 3075. Publicaron of Receipts and Ependitures. The council shall annually, in January of each.year, pub - Reuort must be published general tah an itemized account r I all money received and paid out during•the preceding fiscal year. Sec. 3076. Power to Grant Licenses—Rates to Be Fixed. The general council shall have power to authorize, by ordi- mtt:ce, the proper officers of the city to grant and issue h- ti�ses. censea, and to direct the manner of issu:r.g and regulating the same, and the fees and charges to be paid therefor, except as hereinafter provided: No license shall be granted for more than one year, except at public letting, and not less than three dollars shall be charged for a licr_use under this charter or any ordinance, and the fees for issuing the same shall not ex- ceed one dollar, and all such fees shall belong to the city. All licenses for the sale of liquors at retail shall be issued by the city clerk, and in accordance with such regulations as may be prescribed by ordinance of the general council; and the general council, at the first meeting after this act takes effect, shall provide suet. regulations by ordinance, also fix ing the rate of license, but such rate shall be uniform as to all licenses for the sale of liquors at retail, and shall not be leas than fifty dollars mor more than one hundredand fifty follars. Sec. 3077. Funding and Refunding Bonds—Authorized to Issue. The cities of the second class in. the Commonwealth ding of Kentucky, viz.: Covington, Lexington and Newport, are bonds. Thereby authorized and empowered to issue funding bonds for an amount sufficient to pay off their floatingdebts exist - LJ I le as to :rh :rc d. •t - iJ k 1 CHARTER or SEGiNID-CI:ASS CITIES. 33 ing under' contract at the date 0f the passage of. this act: ' Provided, however, that said funding bonds shall only be is- sued for an amount satlicient to meet the principal of said certract indebtedness. (This section':, an act of July q, r8n2J Sec. 3078. Refunding Bonds Hereafter Maturing, Such citits are also authorized and empowered to issue bonds for$etuudlog lrrods. � ; the purpose of refundirg any bonded debt which may hereaf• . ter mature' in whole or in part, (This section is an act of J:dy a, tOW.) Sec. 3099. Form—Denomination and Time to Run—By Whom Issued—Interett—Coupons. Said bonds shall be is: stied under the signator rcf the mayor, the counter signatuye '. of the city treatnrer, and the seal of the city serially num .ti1c, ,lune tiered and in such form and denomination and for still 1 time or times as the gen;ral council or common council f in said cities shall prescribe by ordinance; said bonds shall brar not exceeding six per cent per annum interest, payable semi-:umually, and shall have in- terest coupons attachee, and shall nor be sold for, less thar, par and accrued interest, and their proceeds shall be used v�elusively for the payment of said floating debts or the re- funding of such bonded debt, and for no other purpose what- soever. (This section is an act of Julv q, 1892.) See. 3080. Sinking Fund Provided for Redemption. Up- ; on the issuance of said b, nds, each of said cities shall annu- aily carry to the sinking find of the said City an. amount suf- sinking fund, icient to pay the annual interest on said bonds, and create a �$ fund for their purchase from time to time; and whenever i+ ' there is a srffirient sum in the sinking fund over and above` - the amount required fo the payment of said interest, it shall 77 ,s be used in the purchase of so many of said bonds as practi- cable. (This section is an act of Julyt 2.) Sec. 308t. Act Validating Bonds Issued Under Preced- ing Sections. That all :funding and refunding bonds issued' by any city or cities of the second class 'of the . Common- wealth of Kentucky, order and by virtue of an Act of the :. ,. a , f I 94 Y CIIARTE- or SECOND-CLASS CITIES. General Assembly of the Commonwealth of Kentucky, enti- .1zd "An act authorizin; cities of the second class in the i Commonwealth of Kentucky to issue funding and refunding ponds," be, and are hereby declared to he, the valid and legal validating lsmds, - ob:igations of the city issuing the same, as .fully and com- pletely as if said act had been in all respects duly enacted �Iliis section.is an act of February 1j, 1893. This section re- fers to the four -preceding sections.) �+? Sec. 3082. Bonds to Pay Judgments Against the City— Time to Run. The cities of the second class, in the Common- . wee-lth of Kentucky, are hereby authorized and empowered o issue bonds running'tor a period not less than five nor Itondsto pay more than thirty •years,Learing interest rot to exceed six per Jadamunts , C"nit per annum, for the purpose of paying off any judgment ' or, judgments rendered against any such city upon any debt created and existing prior to the adoption of the present Constitution, together with all costs and attorneys' fees. (This section is an act of February 6, 1893.) Sec. 3083. Form—')enomination—Time to Rum—By of Whom Issued—Interest--Coupons. Said bonds shall be is- IIow imued etc sued under the signaturL of the mayor, the counter signature of the city treasurer, and the seal of the city, serially num- bered, and in such form and denomination and for such tine or times as th'e general council or common council in said. cities shall prescribe by ordinance; said bonds shall bear not exceeding six per cent per annum interest, payable semi-an- tivally, and shall have interest coupons atttached, and shall not be sold for less than par and accrued interest, and their proceeds shall be used exclusively for the payment of said floatingdebts, and for no other purpose whatsoever. (This section is an act of February 6, 1893.) ; Sec. 3o84. Sinking Fund Provided for Redemption. ,Up- , on the issuance of said bands, each ,of said cities shall an- 9lnklnafsnd. nually carry to the sinking fund of the said city an amount sufficient to pay the annual interest on said bonds, and create a fund for th -ir purchase from time to time, or re- dtmption at maturity-, and whenever there is a sufficient sum - Ll 1 bered, and in such form end denomination and to run for such time or times, and to mature and be redeemable as the CHARTER OF SECOND-CLASS CITIES. 35 general council or common council in said cities shall pre- in the sinking fund over and above the amount required for. the payment of said inrerest, it shall be used in the purchase .: '. of so many of said bonds as practicable. (This section is an act of February 6, 1593.) ' -iix per cent per annum interest, as the general or common Sec. 3o85. Refunding Bonds for Payment of Bonded Debt Which May Hereafter Mature. The cities of the sec `y and class in the Commonwealth of Kentucky, namely: Cov- 1 ington, Lexington and Newport, are hereby authorized and terest coupons attached and shall not be sold for less than empowered to issue retanding bonds ior' the purpose -of re- ItetundlnK funding any bonded deist which may hereafter mature int'o"dyt pir and accrued interest, and their proceeds shall be used ex. whole or in part. (This section is an ac: bf May 18, 1893.) Sec. 3086, Form–Denomination—Time to Run—By f Whom Issued—Interest—Coupons. Said bonds shall be is- now Imued, etc. sued under the signaturf of the mayor, the counter signature other purpose whatsoever. (This section is an act of May of the city treasurer, and the seal of the city, serially num- bered, and in such form end denomination and to run for such time or times, and to mature and be redeemable as the general council or common council in said cities shall pre- ; scuibe by ordinance. Said bonds shall bear not exceeding -iix per cent per annum interest, as the general or common j council may direct, payable semi-annual:y, and shall have in- terest coupons attached and shall not be sold for less than K' pir and accrued interest, and their proceeds shall be used ex. c:usively for the refundi•tp of such bonded debt, and for no other purpose whatsoever. (This section is an act of May 18, 1893.) i Sec. 3087. Sinking Fund Provided for Redemption. Up- lon the issuance of said bonds, each of said cities shall annu- t ally carry.to the sinking fond of the said city an amount suf-hinklnwtund '. t • ticitnt to pay the annual interest on said bonds, and create a j fund for their purchase front time to time; and whenever { :' there is a sufficient sunt in the sinking fund over and above ; the amount required fon the payment of said interest, it shall ' be used in the purchase of so many of said bonds as practi- , cable. (This section is an act of May 1S, 1893.) Sec. 3088. Fundin g and Refunding Bonds—Amount y r ,• Limited. The cities of the second class in the Common- 1 ,ti l 36 . Retandtmr - tondo, Retundinnr bonds. Now tuned, CHARTER Or SECOND-CLASS CITIES. wealth of Kentucky, namely: Covington, Lexington anl. , Newport, are hereby awhorized and empowered to issue i,tnding bonds for an amount sufficient to pay off their float- ing debts existing tinder the contracts at the date of the adoption of the Constitution: Provided, however, that said funding hond4 shall only be, issued for an amount sufficient to meet the principal of said contract indebtedness. (This section is an act of July 10, 1893.) Sec. 3o8g. Refunding Bonds Hereafter Maturing. Such cities art :3sa authorized and empowered to issue bonds for the purpose of refunding any bonded debt which may here- after mature, in whole Lr in part, existirg at the date of the adoption of the Constitution. (This section is an act of Ju- . iY 10 1893•) Sec. 3o9o. Form Denomination—Time to Run—By Whom Issued—Interest and Coupons. Said bonds shall be is- sued under the s;Knaturc of the mayor, the counter signature of the city treasurer, and the seal of the city, serially numbered, and in such form and denomination, and for %,tell time or tine as the general council or commcn council in said cit - its rhall pre%cr be by r•rdmince. Said.l:onds shall bear no: exceeding six per cent. per annum interest, payable semi-an- nually, and shall have interest coupons attached, and shall not be sold for less than par and accrued interest, and their proceeds shall be used exclusively for. the payment of said loat'ng iehts or the refunding of such bonded debt, and for nu other ptt-pose whatsoever. See. 3o91. Sinking Fund Provided for Redemption. Up- on the issuance of said 1,cnds, each of said cities shall ann.r ally carry to the sinking fund of the said city an amounr suf- Blnkina Fund. ficin nt to pay the annual •.nterest on said bonds, and create a innd for their purchase from- time to time; and whenever there is sufficient sum in the sinking iupd over and above the aw..ount regvired for .th't payment of said interest, it shall be used in the purchase of so many of said bonds as practica- ble. (This section is an act of July to, 1893.) A s „ 1 u „ 1 CHARTER OF SECOND-CLASS CITIES. 37 See, 3092. Authorized to Acquire Parte of Turnpike . Roads Within Corporate Limits. That all cities of the second class are hereby authorized and empowered to contract with any company or corporation, owning or controlling any turn- May sowire pike road in this commonwealth; for the surrender and trans-curupf{c"' f::r by such company or corporation to such city of so much of such turnpike road, if any, as lies within the corporate lim- its of such city7 and whenever any such city, and any such company or corporatioe rhall mutually agree upon the terms sttd conditions of such surrender and transfer, and such agree- ment ahall have been ratified by the legislative board of such city, and by the board of directors of such turnpike company, then so murh of said road as iF inel+.tded in such agreement of surrerder and transfer shall be and become a I nblic street of su-h city, and shall be thereafter held, owned, controlled and used by such city in like manner with its other streets, subject to the provisions of the agreement above men- tioned, if any. (This sccion is an act of July 8, 1892 ) Sec. 3093. Condemnation Proceedings—When Author Ued. In the event that any such .city and turnpike company cannot mutually agree upon the terms of surrender of Mas• eon l' mn , such part of any such turnpike, then, and in that event, pow-turnufkue er and authority are hereby conferred upon such c:ty to ac- quire that part of said road or such portion of it in such city as may be de.ired for strut purposes, by proceedins;s in condemnation in like n:,^,inter and form as sucl-. city is now by law autl.orized to lcquire other ptoperty for stree-s and l.t_hv,ays. (This section i., an act of July 8, r89a.) Sec. 3093. (a) t. Authorized to Acquire Turnpikes in City Limits. That all cities 61 the second class are hereby an- t: prized and empowered to contract with any person, corn- %t,,t• t.•.. parry or corporation owt:ing or controlling any turnpike t°`npiGoa road in this Commonwealth for the surrender mud transt'e'r to ; ny such city of so much for any part of :my turnp'.kc road as stay be within the limits of ^uch city;'and when a cr,utract for such surrender or transfer is ratified by the !eg- 0 S8 CHARTER OF- SECOND-CLASS CITIES. ialative boards'of such city, then the part, of such turnpike rjad embraced in such surrender or transfer shall become ane be a public highway and street of such city, and shall thereafter be held, controlled and used as other streets. 2. Turnpikes May Be Condemned. If any such city and tl,.z person, company or corporation. owning or controlling sn.h turnpike road, camiot agree upon the terms of surren- der or transfer of such pLrt of such turnpike road, then pow- er and authority are. hereby conferred upon such city to ac 8sr- quire :he part of, or any part of, such turnpike road within demn corgi- the corporate limits of such city by proceedings in condem- Dlkes nation in manner and form as such city is now by law author- ized ut tor- iz_d to acquire other pr,•perty for street and highway pur- poses. (This section is an act of March ts, t898; the num- bers of the sub -sections are the numbers of the sections in the act.) (b) .Street Improvements. Sec. 3094. Control of Ways, Landings, Wharves and public Grounds.—Sprinkling Districts. The general council shall have and exercise exclusive control and power over the Control over streets, roadways, sidewalks, alleys, landings, wharves, pub - streets. lic grounds and highways of the city; to establish, open, alter, widen, extend, grade, pave, repave, block, construct, recon- strrct, sweep, sprinkle or otherwise improve, clean and keep it repair the same; to prevent and remcve all encroachments the:enn or obstructions thereof; to put drains and sewers in SECTION 3094— i. Action to recover street. Street can be recovered only by eject - n,% nt from one in possession of it claiming it as his own. City of Coving- ington v. C. & O. By. Co., 14 R., 487• 2. Condemnation of property for street. When property is condemn,d' for a street the property of the owner fronting on the street must pay its part of the cost of improving the'strect, just as other property in the square is taxed; and it is no objection to the tax that it exceeds the money value r:ceived for the property condemned. Covington v. Worthington, 88 KY.,, 206; it R., 141. To entitle a city to enter upon property condemned for a. street it must pay the owner the money value before entry. It cannot set of the tax assessed against the remaining property of the owner, although the tax may exceed in amount the value -of the property taken. Id., andsee C.cn., sec. 242, and notes. 1 h L i k ialative boards'of such city, then the part, of such turnpike rjad embraced in such surrender or transfer shall become ane be a public highway and street of such city, and shall thereafter be held, controlled and used as other streets. 2. Turnpikes May Be Condemned. If any such city and tl,.z person, company or corporation. owning or controlling sn.h turnpike road, camiot agree upon the terms of surren- der or transfer of such pLrt of such turnpike road, then pow- er and authority are. hereby conferred upon such city to ac 8sr- quire :he part of, or any part of, such turnpike road within demn corgi- the corporate limits of such city by proceedings in condem- Dlkes nation in manner and form as such city is now by law author- ized ut tor- iz_d to acquire other pr,•perty for street and highway pur- poses. (This section is an act of March ts, t898; the num- bers of the sub -sections are the numbers of the sections in the act.) (b) .Street Improvements. Sec. 3094. Control of Ways, Landings, Wharves and public Grounds.—Sprinkling Districts. The general council shall have and exercise exclusive control and power over the Control over streets, roadways, sidewalks, alleys, landings, wharves, pub - streets. lic grounds and highways of the city; to establish, open, alter, widen, extend, grade, pave, repave, block, construct, recon- strrct, sweep, sprinkle or otherwise improve, clean and keep it repair the same; to prevent and remcve all encroachments the:enn or obstructions thereof; to put drains and sewers in SECTION 3094— i. Action to recover street. Street can be recovered only by eject - n,% nt from one in possession of it claiming it as his own. City of Coving- ington v. C. & O. By. Co., 14 R., 487• 2. Condemnation of property for street. When property is condemn,d' for a street the property of the owner fronting on the street must pay its part of the cost of improving the'strect, just as other property in the square is taxed; and it is no objection to the tax that it exceeds the money value r:ceived for the property condemned. Covington v. Worthington, 88 KY.,, 206; it R., 141. To entitle a city to enter upon property condemned for a. street it must pay the owner the money value before entry. It cannot set of the tax assessed against the remaining property of the owner, although the tax may exceed in amount the value -of the property taken. Id., andsee C.cn., sec. 242, and notes. 1 h L the same, and to regulate and prohibit the building of vaults and areas under sidewa:kt�; to enforce and- regulate cbnnec- tiop with sewers, gas ani water mains and conduits of all kinds laid in or under the streets and •highways of the- city' "fcr any purpose. The general council may, by ordinance, 3. Dedication to public use. When dedication for public use of a town presumed. Newport v. Taylor, 16 B. M., 8o3; Wickliffe v. Lexington, at B, nt., 155; Kaye v. Hall, 13 B. M•, 455• A dee4 giving as a boundary of the lot, "Sixteenth street extended," was not intended to mean that a dedica- tion had already been made, but simply that Sixteenth street, when, if ev. •er, extended, would occupy that space. Sanford v. City of Covington, 12 R., 45o, There can be no dedication to public use unless the owner of land has, by either words or acts, consented to such use. West Covington v. Lvdlow, 12 R., 783, and see 94 Ky., 1; 14 R„ 817. 4. Easement in use of street.-Gitiaen's right to unobstructed use of contiguous streets, etc. Transylvania University v. Lexington, 3 B. M., 25, G,anting easement in street. Right of way granted to railroad. L. & O. Ry. Co. v. Applegate, 8 Dana, 289. Easement acquired by owner of lot is not confined to mere use of the grounds purchased, but extends to the me of the streets, alleys and public grounds, and other public rights in the town according to their appropriate use. Rowan v. Portland, 8 B. M., 237; 'Wickliffe v. Lexington, it B. M., 163• 5. Injury by grading street, see Con., sec. 242, and notes thereto, 6. Light for streets—contracts in ugard to. When it is the duty of JI a city to light its streets and furnish its inhabitants with means of obtain- ing gas at their own expense, and the power is conferred upon it to erect gas works for that purpose, it has the implied power to contract with oth-. ers to furnish it, anti may, by contract, grant to a corporation the exclusive right to the use of the streets for that purpose for a term of years. New p:�rt v. Newport Light Co., 84 Ky., 167; 8 R., 22; and see, further, Cov. Gas CO. V. City of COV., 22 R., 796, 7. Contract between city and ligh, company, granting to the latter the use of the streets for a term of year for laying pipes to supply gas to the city, and providing that the company may adopt any other mode equal to gas for supplying light to the City an.] its inhabitants, does not give to the light company the right to use' the streets for the erection of appliances t.ecessary for the introduction of electric lights. Newport v. Newport Light Co., 89 Ky, 454; it R., 84o. 8. Negligence—accident. Injury t,-sulting from leaving cistern oe ditch in street open. Liability. Patch v. Covington, 17 B M., 722. Liabil- ity for loss to boats on account of want of care in providing fastenings for boars lying at the wharf. Shinkle v. Covington, t B,�sh, 617. Council per. mating a citizen to,excavate a part of a street; person injur.d by fallivig � wto excavation—city liable. In grading streets city is bound to guard against accidents. Covington v. Bryant, 7. Bush, 248. 9. Original proprietor. Where i;tnd has been codveyed and laid off in- to a town, and sold out, the land cann..li be reclaimed, but only compensa- tion in money, ii an, claim is made out. Wickliffe Y. Lexington, I1 B. M., 189. When one iays off a town with streets, he stands as a trustee and holds the title for the property -holders in trust for their appropriate pub- lic use, Rowan v Portland, 8 B. M.,237. To. Obstructions upon sidewalks. Duty to keep sidewalks clear of ob- structions. When city liable for personal injuries for failure to remove cbstructions. City charged with noti, • of an obstruction that has existed in sidewalk for sixteen tttanths. City of Newport Y. Miller, 93 Ky., 22; 1,3 R., 889. it. Repair of streets. City requ:. t d to keep streets clean and in re- pair when they have once been imprcved; the city authorities act minis- te.rially. Hammar v. Covington, 3 Met., 494. 12. Public Ways --Council given full control over by this section. Iienlefield v. City, 22 R., 1188. 13. Street railways—bonus exact -A. City may exact a bonus for the privilege of using its streets. Cov. St. Ry. v. Covington, 9 Bush, 127. SECTION 3096 — t. Assessment for improvement. Where the charter authorized a general tax to pay the cost of opening a ¢Q, CHARTER OF SECOND-CLASS CITIES. prescribe certa;n sprinkling districts, atil,, have the streets and . cvinues thereof sprink:M by the lowest and best bidder, as- sc;=ing the co,;.thereof against the, adjoining property per front foo:. . • e Sec. 3098. Condemnation of Land for Public Purposes. Al! proceedings for condemnation of iat.d for public, munic- May condemn land. , incl or School purposes stiall be prescribed by ordinance or order of the school board, and instituted in the circuit court, in the name of the city, by the city solicitor, and except as . herein expressly provided, shall be governed by the same ju- risdiction, rules of practice and form of procedure as may be required by general law for condemnation of lands. Sec. 3096. Construction and Reconstruction—Cost Ap- : Constraction portioned—Lien—Sidewalks. The general council may, by pt strut ts. ote, -)n:inance, provide for 6, construction or reconstruction of th,- streets, alleys and other public ways and sidewalks, or parts thereof, of the cit; upon the petition of the owners of wto excavation—city liable. In grading streets city is bound to guard against accidents. Covington v. Bryant, 7. Bush, 248. 9. Original proprietor. Where i;tnd has been codveyed and laid off in- to a town, and sold out, the land cann..li be reclaimed, but only compensa- tion in money, ii an, claim is made out. Wickliffe Y. Lexington, I1 B. M., 189. When one iays off a town with streets, he stands as a trustee and holds the title for the property -holders in trust for their appropriate pub- lic use, Rowan v Portland, 8 B. M.,237. To. Obstructions upon sidewalks. Duty to keep sidewalks clear of ob- structions. When city liable for personal injuries for failure to remove cbstructions. City charged with noti, • of an obstruction that has existed in sidewalk for sixteen tttanths. City of Newport Y. Miller, 93 Ky., 22; 1,3 R., 889. it. Repair of streets. City requ:. t d to keep streets clean and in re- pair when they have once been imprcved; the city authorities act minis- te.rially. Hammar v. Covington, 3 Met., 494. 12. Public Ways --Council given full control over by this section. Iienlefield v. City, 22 R., 1188. 13. Street railways—bonus exact -A. City may exact a bonus for the privilege of using its streets. Cov. St. Ry. v. Covington, 9 Bush, 127. SECTION 3096 — t. Assessment for improvement. Where the charter authorized a general tax to pay the cost of opening a L I ti L I I I CHARTER OF SECOND-CLASS CITIES. .41 a majority of the front or abutting feet of the real estate abutting on such proposed improvement, or without a petition by a vote of two-thirds of the members -elect of each board of the general council. But when such original construction is to be made with brick, granite, asphalt, concrete or ,other improved material or pair inr., it shall lit made only upon the petition of the owner or owners of at least two-thirds of the front or shutting feet of real estate abutting on bitch improvement. Such original. con- struction of public ways shall be made at the exclusive cost -nd establishing and widening streets aid alleys; and by amendment the council was empowered to assess a special tax upon the property front - J• ii.g on the street to pay the rost of th, improvement, the amendment was held to provide the mode of assessment for ordinary construction and im- provement, while the original provisirm was held to apply only where the ordinary mode of assessment would, in effect, confiscate the adjoining prop- crty. Covington v. Worthington, 88 Ky., 206: 11 R., 141. 2, Bridges—grading and elevation of streets. The city council has power to authorize the construction of a bridge across the Ohio river, and tVe necessary grading and el--vation of the streets., and adjacent land own- crs had no right of action for consenucntial damages. N. & C. Bridge Co. v. Foote, 9 Bush, 264, 3. Charter must be complied with The city cannot comnel payment by the property -owners, if it has proceeded in violation of law. Worthing - Wit v. Covington, 82 Ky., 265; 6 R., 23,-, and a strict compliance with the t1atute must be adhered to if necessary to prevent unequal assessments He inst property -owners for street improvements. City of Cov. v. Matson, 17 R., 1323. 4. Discretion of General Council. The fact that the council has only ordered the improvement of streets in prominent portions 3f the city is not a valid objection, the council having general discretionary pow- er as to such improvements. Maddux v. City of Newport, 12 R., 657. 5. Failure to name owner and fix -um. Ordinance apportioning as- sessmei-I was te,-hiiierdly defective in not naming t!&- lot owners and ap- rnitioning to each a given. sunt per foot, as some of the lots may have changed ownership after the work was done; but it was held not fatally defective in this case. Covington v. );ogle, 6 Bush, 204; Covington Y. Dressman, 6 Push, 210. 6. Irregularities corrected by the court, so that no person's property may be improved at the general expense of the city, where in equity he ought to pay for it. Covington v. Dresintan, 6 Bush, 210. 7. Lien for street improvements is superior to a mortgage lien exist- ing when. the improvements were made. Dressman v. Farmers' and Trad- ers' Bank, ioo Ky., 571; 18 R., io13. I 42 CHARTER OF SECOND-CLASS CITIES. ' if the owners of the reit estate abutting on such improve - mem; and such recon;i,ruction of such ways shall be made our -half at the cost of the owners of the real estate abut- ti!ig on such improvement, and the other half at the cost of tl•e city. Such cost of construction and reconstruction, which is to be paid by the *property owners, shall be appor- tioned among and assessed upon the loti or parcel of real es - elite abutting on such improvement according to the number of front or abutting feet. There shall be a lien upon such lots or parcels of real estate for the part of the cost of such im- 8. Petition of lot-owners—unanimous vote. Under the amendment of 1804, the City Council of Covington could not apportion the expense for •v, rk on•a street, and allow a lien upon the lots, unless the ordinancedirect- imL the work to be done was enacted on the petition of the owr.ers of .he larger part of the ground between the points to be improved, or by the un.,nimous vote of the council. Covington v. Casey. 3 Bu=h, 699. 9. Personal judgment. Cannot be rendered against a property -owner for the amount assessed against his abutting property. Meyer v. City, 103 K y , 546: 20 R., 239. to. Reconstruction of streets. C'ty may be authorized by the legis- ' hilure to reconstruct its streets, with •t, full powers of taxing abutting property in aid of such improvements as it possessed in making the origin- al improvements. Cassidy v. Covington; 12 R., 940. it. Repair of streets. Ordinance directing repair of certain streets, specifying what kind of repair, and •haw to be made, and empowering the city engineer and improvement committee to superintend the improvement and determine when and to what extent repairs should be mage, was val- id. Covington v. Boyle, 6 Bush, 2o6. . 12. City required to keep streets clean and in repair where they have once been improved. The city aµthorities aef ministerially. Hammer v. Covington, 3 Met., 494. 13. Sidewalks—lien for constructing—notice. Under ordinance a con- tractor held entitled to a lien on the abutting lot for the cost, the owner of the lot having failed to construct same. The passage and publication of the ordinance furnished the owner with construction notice. C. & O. Ry. t:o. V. Mullins, 94 Xy., ;55; t5 R•, i39• 14 Void ordinance—subserluentacts, Ordinance conferring no legal and.ority to make and let the intprovemei t,; when put under contract, will not he validated 111y subsequent acts. flydes v. J yyee, 4 Bt-sh, 464. Ordi nance which is not shown by the records to have been adopted by the cnuacil cannot be declared by a subseq:ient council to have been adopted by the former, Cov;ngton v. Ludlow, t Met., 298. 4 , Bonds Issued to Pay for Costs of •Improve- ment. The general council may issue bonds to hear not Street bonds. exceeding six per centum per annum interest to provide t for the part of the cost of cny improvement CHARTER OF SECOND-CLASS CITIES. 43 1 provement so assessed thereon; and the same shall bear in- terest from the time of the assessment. All such liens may be enforced by action. The city shall pay the cost of the im- provements of intersection of public ways the cost of making sidewalks, including curbing, whether by original con- struction or reconstruction, shall be apportioned to the front f•: ot, as owned by the parties, respectively, fronting said im- provement and paid by them. Such cost shall be assessed as the cost of the construction of streets, and there shall be a like lien for such assessments enforcable in like manner. Sec. 3ogy. Bonds Issued to Pay for Costs of •Improve- ment. The general council may issue bonds to hear not Street bonds. exceeding six per centum per annum interest to provide funds to pay for the part of the cost of cny improvement that is under this act to be paid by the city. Sec. 3098. Property Owners—When Permitted to Make Improvement. The general council may, in its discretion, i ronortyown upon a_ petition of a majority of the property -owners on 1°rs may Im- uruve. the part of the public way proposed lL be improved, grant them permission to impnlve said pubic way under the su- pervision of, and within such time -as may be fixed by, the superintendent of publi works. Sec., 3099, Inspection and Receipt of Work—Notice of Time and Place. When any such improvements have been How work In• soix+red and . made, and the contract therefor completed, the superintend- recetvid. ent of public works shall, by one insertion in the official n -wspaper, give notice of the time and place fixed for the inspection . and receptior. of the work b.• the superintendent, and the property -owners, their agents and representatives, m•ty appear and be heard as to wheth a• such improvements have been made in accordance with the ordinance authoriz- ing the same, and the contract therefor. tti. Unanimity required—presumption. Charter requiring ordinance - pro%iding for street iml •ovements to be passed with unanimous consent of ' mayor and council. Presumption—extrinsic evidence. Lexington v. Hea4l- 1y, $Bush, job. 1 k I 11 44 CHARTER Or SECOND-CLASS CITIES. Sec. 3100. Error in Proceedings—Council or Court May Cotrectr–Ordinance—How Passed. No error in the proceed- ings of the general council shall exemp-,from payment, after tl.e work has been done as required by tither the ordinance Detects or contract; but the general council or the courts in which Ilow remedied suits may be pending sh:.11 make all corrections, rules and or- ders to do justice to all parties concerned; and in no event, if such improvements be made as is provided for, either by or.;inance or contract, shall the city be liable for such im- prc vement without the 1 ight to enforce it against the prop-. erty receiving the benefit thereof; but no ordinance for any original improvement mentioned in this act shall pass both bo<rds of the general council at the same meeting, and at least two weeks shall elapse between the passage of any such Wdinance from one board to the other. --- J Sec. 31o1. Ten -Year Plan—Bonds—Non-Payment of As- sessment—Collection—Sinking Fund. The general council may provide that any such construction or reconstrnetion to -Year bonds shall be made on the ten-ytar plan; and thereupon, when any °lay bo Issued such improvement has been completed and accepted, a notice shall be given by publication in the n(Gcial newspaper, re- quiring the property -miners to pay the local taxes levied on their property: and if any such local taxes be not paid by s.lch property -owners, hen to provide a fund for the immedi- ate payment of such portion of the entire cost of such improvement or reimprovement as the abutting prop- erty holders shall be liable for, but may not pay in cash, in conformity with said notice, the gen- eral council is authorized to borrow money at a rate of interest not exceeding six per centum per annum in anticipa- tion of the collection of a special tax of assessment for such improvement or reimprovement, from such property holders, and t0 issue the bonds of the city therefor in the manner and form herein provided, pledging the faith and credit of the city for the payment of the principal and interest thereof. Form and re- r1UlxlteB Ut Said bonds shall be divided into ten series, each series to be Mame. as nearly equal as possible; said series to be paid respect- ively in one, two, three, four, five, six, seven, eight, nine and --- J y r Y h a L i I CHARTER OF SECOND-CLASS CITIES. 45 , ten year; after date. Said bonds shall be of the denomina yL tion of one hundr^d dollar:, or as mult'ple, and mt exceeding one thousand dollars, and sl all bear interest at the rate of not exceeding six per centum per annum. The bonds shall f" , , ;v..., have the name of street, alley,marker, space or public I,,.�..,YIC ' square, or portion thereof, for the improvement of which they { are used, printed, engraved or written thereon. Any odd , amount remaining after the issuance of said bonds of the de- nomination of one hundred dollars, or its multiple, as here- in provided, may be paid in cas-h,out o` the general fund of the city, or may, at the c ption of the gtneral council, be in - eluded in a separate bwil, payable in ten years from dae, drawing like interest as the bonds herein provided for. The rrtsr..r or owner, of each lot and parcel of land bounding or 't ; - abutting upon such improvement or ttimprovement, and who does not payin c:,sh the entire aatount of assessment on tax due from his lot or parcel of land as above provifed, -11AI pay annually, at such time as shall be specified in the . assessing ordinance of tl:e general council, one-tenth of the ' arnnnt of th- a,se•tment or tax due Porn his lot or parcel of land, together with five p,r rentun+ interest thereon, and Eve per centum interest upon the remaining assessment unpaid, $ and sura. pavrnenta rhsll continue to be made until the entire a;tourt of the assessme'it and interest shdll be paid. in de- fdtdt of such payment at such time the ;ame penalty shall at- tach on the amount so ;savable as attaches to the nnn-pav- ment of other mtmicipa: taxes, and Fhall be collected, to- gether with the amount so due from the owner or owners of t >uch lot or parcel of lat d, in tl.e same manner as other city t r. taxes and penalties are code -.ted for municipal purp(ses and k - such assessments and penalty shall be and remain a lien upon SECTION 3101.— 1or—Limit Limitof indeStedness—iscual of bonds.. If the total indebtedness on ; ac; -+unt of bonds issued under this section exceeds the income :,nd revenu- for the year, the question as to whether they shall be issued or not must be r ilimitted to a vote of the people. City of Covirgton v. McKenn3, 1)9 Ky., poS, t8 R.. 288; and see City of Covington v. Nadaud, 20 R., 152; to3 Ky., 455; Con., sec.. 158, and notes. �I 45 C14ARTER OF SECOND-CLASS CITIES. such lot or pare,I Lf land until the san_c has been felly paid and a tisfieJ, Jt shall be the duty'of tht city treasurer, im- ` mediately on default of payment in cash of the assessment. upon said property at the time specified by the general coun- cil, to forthwith certify all unpaid assessments to the city out-: ditor, and cause the same to be place 1 'upon the tax dupli- cate with. other 'taxes. The annual assessment, and all por- tions thereof, shall be paid to the city treasurer when col- lacted, and shall go into the sinkitrg fund of the city, and " t shall be by the siukink fund commissioners applied, as far as pratticabler. to the pay-uent or purchase of h6nds issued in anticipation of their riullection and the interest thereon as the same shall become due; but if impracticable, the 'same shall 1 be invested as other funds of the sinking fund are required to be invested. Sec. 3102:. Assessment Restricted. No local assessment for the street improvement shall exceed one-half of the value of the•property assessed. s • Sec. 3103. Uniform System to Be Adopted. Subject to the limitations and restrictions herein .contained, the general ; lJnlform Im- council shall, by ordinance, adopt a uniform system-to gov- Unrvemrntxof tilt and re ulate the const^action and reconstruction of all public ways and sidewalks of the city. And when such uniform system is so adopted, then the general council may '. therein provide that part, and if so, what part of the cost of foriginal construction of any public way, shall be paid by the city; and when such .provision is so made the same shall not (, be changed, but shall thereafter apply to the original con- struction or improvements of all public ways: y Sec. 3104. Revenue from- Water Works Applied to Pub - Uc Ways. The -net revenue, derived by any city of the sec- t ohd class from its water works shall be applied exclusively to the reimprovement or reednstruction of the streetsand the other. public ways of the city. I. �� u-amu•.+-..���•....•-� ��-._..�.•_-..-.-��.� �.___ - � , • l �I r � � '. • 1. r . , ' � .`�N CHARTER 6V SECOND-CLASS CITIES. 47 ' (c) Sewers See, 3105. Construc'ion—Cost—How Apportioned—Lim- it— Collection—Lien. `l l.e general council shall have power Powers of 1 4 - to construct sewers alae or under an of the streets, alleyscouncu -L ' b Yconstruct , 3 sewers. or highways of the cit/ and may assess the entire cost, in - c!. ding intersections, of constructing the same to an amount not exceeding one dollar per front foot of the abutting prop- erty upon the lots and lands boundin, or abuttting upon Said streets, alleys or highways in, under or along which the sewers shall have been ennstructed; the cost of the construe- t;on of sewers, not exceeding said sum of one dollar per front I fent of the abutting property shall be apportioned equally x , on the said abutting lot owners, according to the front fp(:t. When the amount of the quotient after dividing the en- =i tire cost of the construaxion of the sewer as estimated and 7 r t ce•npttted to the genertl council by the engineer by the num- , p r of front or abutting feet exceeds the sum of one dollar per front or abutting fort, then, and in that event, the en- tire cost of construction of said sewer shall be assessed up- on the lots and lands in the neighborhood of said sewer which may be benefited thereby, according to the benefits.re- ce.ved; and in every such case the council shall, by ordi- '. nat.ce, fix and determipc the amount of tax to be levied upon thr several lots or lands =o benefited. The general council may, however, out of general fiend, contribute and pay to- { ward the construction of such sewer s-ich part thereof as the council seem proper.The tax provid-A for in this section shall be a lien upon such abutting or benefited property, as the case may be, and may by collected and enforced as street improvement licenses are collected and enforced; but the - amount of sewer tax assessed against any lot or land shall in no event exceed one dollar per front or abutting foot. SECTION 3105.— Construction of -ewers. A gencrhl 'ax for the construction of a -e%%er cannot be upheld by reason of the inherent power of the city gov- critine,)t to impose taxation for the preservation of the public healthor - i, e:'ety, the city charter requiring the cost to be assessed upon abutting lands. Byrne v. City of Covington, 15 R., 33• a 0 48 CIIARTER OF SECOND-CLASS CITIES. SUBDIVISION V. (al Mayor. Mayor. Sec. 31o6. Election end Term of Office. The chief exec- utive officer of the city shall be the mayor. He shall• be elected for a term of fcu: years by Oe qualified voter; of the city. (Apppointments to be made by the mayor, secs. 3118, 3126, 3137, 3143. Mayor pro tem., sec. 3204.) _.. 3107. Ineligible for Re-election—Qualifications—Take Office—Duties—Salary. The mayor sllall be ineligible for Can not suc- the succeeding term after the expiration of the term for ceedWinself. which he shall have been elected. He shall be not less than th.rty years of age, and :.ossess the same qualifications and Quallacattons rest tinder, the same disabilities that arc required of the gen- eral council: and in addition thereto, sllall have been a resi- d• nt and a votar of the t+tv not less than three years next preceding his election. He sllall commence the Term of Ottlee e-ccution of the duties of his office on the first Monday in January, succeeding his election, and shall continue in the execution thereof until his successor shall have been duly elected and qualified. He shall ftalary. rec,ive at stated tln'.cs, for his servic!,, a compensation, to be fixed by ordinance, not exceeding four thousand dollars per annum. He shall see that all ordinances and by-laws of tht city are duly executed and put in force; he shall see that Duttes. all officers and employe- of the city shall discharge their re- sptctive duties faithfull, :-nd efficiently, and upon their fail - :ire to do so, shall report the same to the general council. Sec. 31o8. Filling Vacancies in Office—Duties as to Pub - Powers of lic Property and Contracts with the City. He shall have pow - mayor. er except as otherwise l.rovided in this act, to fill vacancies it office, which shall net expire until such vacancies shall have been filled accord ng to the provisions of this act. He shall have the care and superintendence of all the public property of the 6ty, wid shall execute all contracts for the _ city, authorized and directed by ordinance, and shall see -, that all contracts with at•e city are conducted and completed according to the contract. 61 CHAR'T'ER OF SECOND-CLASS CITIES. 44 Sec. 3109. May Require Information from Officers. He o0ac�rol over' may require information in writing from the executive and ' ministerial officers of the city upon any sapject relating to the duties of their respective offices. Sec. 3110. Communlcationa to Council—May Convene It. He shall, from time to time, give to the general council in- th.Council. ies w - the aell. formation in regard to the affairs of the city, and recom- mend to their consideration such measures as he may deem cypedient; he may, for special reasons, convene the general cr,ancil at any time. i Sec. 31n. Office to Be Kept in a Convenient Placekee — Discharge of Prisoners. He shall keep ^n office at some con-office aar venient place in the city, as prescribed by ordinance, and shall have ,rower to administer oaths. He may discharge May pardon prisoners• from confinement any pes son convicted and sentenced in the police court, and shall file with the board of aldermen a statement in writing of his reasons therefor, which state- ment shall always be oleo to public inspection. Sec. 3112, Official Bonds—Duties In Regard To.. He Dude 1 is to shall see that every officer who is required to give bond has duly given said bond and qualified before he enters on the duties of his office. If the mayor permit any officer to be -without bond, he shall be responsible for the defaults of such officer so long asthe same shall continue. Sec. 3113. Requirement of Annual Statement of Officers Mu�tas e y —Reports to Council—He shall annually require of the ex- councu. ecutive and ministerial officers of the city a detailed state- ment in writing of the business and condition of their re- spective offices, which annual statement he shall embody in a report, with such otter suggestions, recommendations and information,as he maydeem proper, which report he shall present to each board of the general council, which shall be ordered printed by the general council. Sec. 3114. Approval of Ordinances—Proceedings in Coun- cil Upon Disapproval—Effect.. Every proposed ordinance or Must auprovs 1 joint resolution which has passed the general council shall be ordtnancee. presented to the mayor, and if he approves it he shall sign i •1 CHARTER OF SECOND-CLASS CITIES. it, and return it to the board in which it originated; but if stns veto or- he disapproves it he shal: return it with his objections in danance pro- evedingson writing, to the board in •vhich it originated; and said board veto. shall then reconsider the same and if two-thirds of the mem- bers-elect concur in adopting it again, it shall be sent, with the mayor's oblect;ons,to the other board, when it shall also be reconsidered, and if pa.;sed by a vote of two-thirds of the members -elect it shall be in full force and effect; in such cases the vote of such board shall be taken by, yeas and nays and recorded in the -journal. Should the mayor fail to approve a proposed ordinance or resolution within twenty days after presentation -to 'him, he shall be deemed to have disapproved the sam and thereupon the same course shall be pursued with reference thereto as if he had in fact disapproved the same. The general council may authorize the mayor to ap- point a clerk, and the general council shall fix his compensa- tion. Sec. 3115. Process.and Notices to be Served on Mayor I Lal notices —Notice to Council. All legal process or notice of any kind wurved on msyor. for or against said city shall be executed upon the mayor thereof, who shall communicate the same to the general coun- cil at the next meeting of the board thereof, which shall meet' first after the services of said process or notice, and shall also communicate the same to the proper officers of said city upon reception by him. Sec. 3116. Other Duties The mayor shall discharge such other duties as may be required of him by ordinance. Sec. 3117. Official Newspaper Selected by City Attorney —Ordinances and Proceedings to be Published. The city at- ometal news- torney shall annually select a daily newspaper to be known %ett"elcshall as the official newspaper of the city, and in such official City Attorney newspaper for the term of one year shall be regularly and promptly published a correct and full abstract of the pro- ceedings of both boards of the general council, and all or- dinances, resolutions and notices which, under this act, or the ordinance of the city, may be required to be published;' but the price for such publication shall not exceed the reg - 1 CHARTER OF SECOND-CLASS CITIES. it, and return it to the board in which it originated; but if stns veto or- he disapproves it he shal: return it with his objections in danance pro- evedingson writing, to the board in •vhich it originated; and said board veto. shall then reconsider the same and if two-thirds of the mem- bers-elect concur in adopting it again, it shall be sent, with the mayor's oblect;ons,to the other board, when it shall also be reconsidered, and if pa.;sed by a vote of two-thirds of the members -elect it shall be in full force and effect; in such cases the vote of such board shall be taken by, yeas and nays and recorded in the -journal. Should the mayor fail to approve a proposed ordinance or resolution within twenty days after presentation -to 'him, he shall be deemed to have disapproved the sam and thereupon the same course shall be pursued with reference thereto as if he had in fact disapproved the same. The general council may authorize the mayor to ap- point a clerk, and the general council shall fix his compensa- tion. Sec. 3115. Process.and Notices to be Served on Mayor I Lal notices —Notice to Council. All legal process or notice of any kind wurved on msyor. for or against said city shall be executed upon the mayor thereof, who shall communicate the same to the general coun- cil at the next meeting of the board thereof, which shall meet' first after the services of said process or notice, and shall also communicate the same to the proper officers of said city upon reception by him. Sec. 3116. Other Duties The mayor shall discharge such other duties as may be required of him by ordinance. Sec. 3117. Official Newspaper Selected by City Attorney —Ordinances and Proceedings to be Published. The city at- ometal news- torney shall annually select a daily newspaper to be known %ett"elcshall as the official newspaper of the city, and in such official City Attorney newspaper for the term of one year shall be regularly and promptly published a correct and full abstract of the pro- ceedings of both boards of the general council, and all or- dinances, resolutions and notices which, under this act, or the ordinance of the city, may be required to be published;' but the price for such publication shall not exceed the reg - 1 I–nrtninic 41 ular advertising rates for such newspaper. The city attorn:y may examine the subscription books .,nc! other evidence of- fered by competitors to enab'e him to reach a just determina- tion, and his determination shall be final, No ordinance or resolution appropriating or paying less than fifty dollars shall he published nor shall ordinances 'for street or other public improvements or proposals or bids for such improvements in - elude details or specifications, but these shall in the proper office be open to examination and the notices shall so state. All acts or parts of acts inconsistent herewith are hereby re- pca!ed. (Section as amended by act of March 18, 1902; the original section was amended by act of March 15, 1898). (b) Superintendent of Public Works. Sec. 31x8. Appointed and Removed by Mayor—Powers and Duties. The mayor shall appoint a superintendent of superinuvtd- ent Air puddle public works, subject to the approval of the board of alder- works. 1 men, for a term of two years; and he shall be subject to re- moval by the mayor, upon he approv tl of the board of al- dermen. But said superintendent shall not undertake any im- provements, or perform any work, or. make any appointments or employments until said work and improvements shall have been authorized by ordinance and until the number and com- pensation of appointees and employes shall have been fixed by ordinance, and the city shall not be held to any liability incurred by said superintendent in violation cf this provision, • Sec. 31sg. Duties in Regard to Public Ways and Places —Bridges—Wharves. Said superintendent shall supervise llliillitkw the paving, grading, construction and reconstruction of the sidewalks and' roadways of all streets and alleys and public grounds 'in the city; the cleaning, sprinkling, repairing and improving of all streets, avenues, alleys and public places; the constructing, altering, repairing and managing of all bridges, wharves• culverts, receiving basins, sewers, drains and water courses within the city; the laying of gas, water and sewer pipes throu;h any streer or alley, and the issuing of permits for the connecting with any gas, water or sew.r t� pipe; the laying down and repairing of all sidewalks, cross - ` 1 r r ` 1 r C14ARTER OF SECOND—CLASS CITIES. s—Regula- �a a ' sfiall ex - duties in walks, curbing and guttering; the constructing of all vaults under any portion of the streets. Sec. 3120, Superintendence of Improvement tions—Report of Expenditures. Said superintendent ercise such other powers and perform such other the superintendence' of public works, improvements and re- pairs constructed by -the authority of the general council - or owned by the city as may be prescribed by ordinance. Said superintendent shall make all necessary regulations for the government of the department, not inconsistent with this act or any ordinance of the city. It shall be the duty of the superintendent to keep an accurate account of all work done in his department, showing the amount expended for origi- nal improvements and construction, and the amount for re- pairs, superin•tendenee, and other expenditures, exhibiting the source of expenditures; and it shall be the duty of said super- intendent to make a report in writing to the general council once every three months, or oftener if thereto required, giv- ing the expenditure of the work under his control; and a statement of the conditions and progress of the work in his charge. Sec. Stat. Estimate of Expenditures for the Ensuing Statement te- Year to be Submitted to Auditor. The superintendent at �il'ed• the beginning of each fiscal year -shall submit to the auditor a statement of the estimated amount required by his depart- ment for repairs and improvements during the ensuing year. Such statement shall be in detail, and the same shall be laid before the general council by the auditor. The general coun- eil in •the first apportionment ordinance of the fiscal year, shall set apart such amount as may be deemed necessary for the purposes of said board, payable out of the next annual revenue of the city. Sec. Stag. Books to be Kept Showing Receipts and Ex- penditures. It shall be the duty of such superintendent to Must. keep keep books showing, with accuracy .the receipts and expend - books. itures of his department in such manner as 'to enable the same to be understood and investigated, and also to p:ese:ve i CHARTER OF SECOND-CLASS CITIES 53 on file in the office duplicate vouchers for all expenditures, ' which books and vouchers shall at all times be open to the examination of the auditor, or to the financ:al committee of the general council, or to any member of the general counci:. Sec. 3123. Payment of Salaric3 and Expenses. All bills payment, of and accounts of said superintendent, and al' salaries and htrxalarr. compensation of appointees and employes, shall be allowed and paid in the same manner that the bills, accounts, salaries and compensations of other officers, persons, appointees and employes of .or against the city are paid. Sec. 3124. Charge rf Gas, Electric Light Works and Shall amtLol Wharves. Said superintendent shall have charge, control andc ty properir. � supervision of the city s gas, electric light works, wharves, parks and market houses. Sec. 3125. Establishment of Board of Public Works— Office of Superintendent to Cease. The general council may, by ordinance, establish a board of public works, to consist of Bos rd of 1pub- three members. Said board, if established, shall be appointed lie works' as said superintendent is authorized to be appointed, and for the same term. When such board is established, said office of superintendent shall cease. Said board, if established, shall not be abolished within six years. The compensation of said superintendent and said board, if established, shall be fixed by the general council (c) Auditor. Sec. 3126. Appointed by Mayor—Term of Office—Quali- fications. The mayor shall, on or before July succeeding his Mai, r aa— election, appoint, with the advice and consent of the board of aldermen, an auditor for the term of two years, and until his successor is duly appointed and qualified.. He shall be au elector of the city, and a resident of the city for five years next preceeding -his appointment. Sec. 3127. Duties of the Auditor. The auditor shall be tilsdut:es. ,the general accountant of the city, and as such it shall be his duty to receive and preserve in his office all accounts, books,. vouchers, documents and papers relating to the accounts or I 54 CHARTER OF SECOND-CLASS CITIES. contracts of the city, its debts, revenuea and the fiscal af- fairs, and to adopt a proper mode and manner of double entry bookkeeping. He shall state and render all accounts a( filed or kept in his office betw^.en the city and oth• r persons or body -corporate, except when otherwise provided by law r or ordinance. He shall examine, adjust and admit all unset - tied accounts, claims and demands against the city for pay - mens of which any money may be drawn from the treasury and after having examined the same, with all ac- companying vouchers and documents shall certify, thereon *he balance or true state of such claim or demand; but no such claim or demand,o- any part thereof, shall be audited against the city unless it is authorized by law or ordinance, . and is in proper and fully itemized form, and unless the amount, required for the payment of same shall have been appropriated for that purpose by the general council, or until a classified list of such claims and demands has been ap- proved by the auditing committee and reported to and or- j dered to be paid by thegeneral council. He shall have power to administer oaths, and may reg::ire statements of atcounts to be verified by affidavit, whenever he thinks proper, and he shall keep all accounts of the city, general and special, in a systematical andorderly manner. He shall keep all ac- counts and memorandums of claims against the city properly filed and indexed. (Miy examine records of police and jus- tices' courts; Sec. 3211). Sec. 3t2& Dutiesof Auditor—Books Open to Inspec- tion. He shall keep accounts of all money received by the city from any officer or -agent thereof, either from collections, loans, sale of bonds, fees, fines, penalties or otherwise; and see that they shall be deposited in the treasury regularly once a day, unless otherwise provided by law or ordinance; and in case the provisions ofthis section are not complied with, shall report such delinquencies to the mayor and general council. His books shall be public records and open at all times to inspection by the mayor and members of the gen- . eral council, and under proper regulations to the public: He shall report the balance in the treasury each day to the N' cd 1 .i contracts of the city, its debts, revenuea and the fiscal af- fairs, and to adopt a proper mode and manner of double entry bookkeeping. He shall state and render all accounts a( filed or kept in his office betw^.en the city and oth• r persons or body -corporate, except when otherwise provided by law r or ordinance. He shall examine, adjust and admit all unset - tied accounts, claims and demands against the city for pay - mens of which any money may be drawn from the treasury and after having examined the same, with all ac- companying vouchers and documents shall certify, thereon *he balance or true state of such claim or demand; but no such claim or demand,o- any part thereof, shall be audited against the city unless it is authorized by law or ordinance, . and is in proper and fully itemized form, and unless the amount, required for the payment of same shall have been appropriated for that purpose by the general council, or until a classified list of such claims and demands has been ap- proved by the auditing committee and reported to and or- j dered to be paid by thegeneral council. He shall have power to administer oaths, and may reg::ire statements of atcounts to be verified by affidavit, whenever he thinks proper, and he shall keep all accounts of the city, general and special, in a systematical andorderly manner. He shall keep all ac- counts and memorandums of claims against the city properly filed and indexed. (Miy examine records of police and jus- tices' courts; Sec. 3211). Sec. 3t2& Dutiesof Auditor—Books Open to Inspec- tion. He shall keep accounts of all money received by the city from any officer or -agent thereof, either from collections, loans, sale of bonds, fees, fines, penalties or otherwise; and see that they shall be deposited in the treasury regularly once a day, unless otherwise provided by law or ordinance; and in case the provisions ofthis section are not complied with, shall report such delinquencies to the mayor and general council. His books shall be public records and open at all times to inspection by the mayor and members of the gen- . eral council, and under proper regulations to the public: He shall report the balance in the treasury each day to the 1 N' cd 1 1 i CI3ARTER OF SECOIND-CLASS CITIES. vnaycr, and at the regular monthly meeting of the general council shall report the miexpended balances of all appro- priations. Sec. 3129. Supervision of Fiscal Affa.Ys.-Powers, Rghts,HIsdatlw. Duties. He shall exercise a general superintendence over the fiscal af8ajrs of the city; the collection and return into the treasury of all money and revenue of the city; the disburse- ments of all revenues and money of the city; of all prop- rerty, assets and claims, and the sale or other disposition, thereof; 'and by and with the consent of the mayor shall see that all necessary official and legal proceedings are had for the protection of ill citv's interests in all such property, assets and claims; tha.tproper rales and regulations are pre- scribed and observed in relation to all account's, settlements and reports connected with the fiscal concerns of the city; that no liability is incurred or. expenditure made on behalf of the city without due authority of law, and that appropria- tions are not overdrawn. He is especially charged with the preservation of the credit and honor of the city in relation to its ppblic debt and other liabilities; and shall, with the may- or's written approval, do and perform any and all acts and things nor inconsistent with the provisions of this act and any ordinances thereunder, as may be proper to accomplish the duties contemplated -herein. He shall make annual re- ports to the general council, -and to the mayor on his ree quest, on the financial condition and requirements of the city, with careful estimates of receipts and expenditures. The records of his office shall show the financial operations, con- ditions, property assets and claims of the city, the expenditures authorized for public works, and all contracts, with the names of contractors, in which -the city is interested, and the bond- ed and other indebtedness of the city. He shall countersign all warrants drawn oil the treasurer for any payments, and shall duly record the amount and nature of the same. He shall have access to the books and other records of any de- partment under the city goverment whenever he so desires. He shall see that the accounts of -the city are kept in a plain, methodical manner. 'He shall 'have a seat in either board of I 56 CHARTER OF SECOND-CLASS CITIES. -the general council with aright to debate on any question pertaining to his department, but shall have no vote. SECTION 3132.— Salary—increase 132.Salary—increase of duties. Obligation to increase salary not implied from increase of duties. Covington v. Afaberry, 9 Bush, ;meq, M M J 7 Sec- 3130. Duty in Regard to Judgments Against the _ Ilisdutles. City. Should any judgment .be rendered against the city, for j which no provision has been made by ordinance or otherwise, t he is authorized, with the approval of the mayor and gen- eral council, to affect a temporary loan to meet "the same, and to do and perform all other acts, with the approval of the mayor and general council, necessary to preserve the 1 credit and prosperity or rights of the city. i (d) City Treasurer. Sec. 313t. Election of—Qualifications, There shall be a City treasurer to be elected. cit treasurer elected 'by the qualified voters of the cit No y y. person shall be eligible to the office of city treasurer who is not twenty-five years of age, and who has not been for three a years preceding his election an elector of the city. Sec, 3132.- Bond—Salary — Duties— Depository of the Mustirive bond, City Funds—To Execute Bond. The treasurer shall l' give such bond and receive such salary as the general coun- His duties de-, cil shall by ordinance provide. In addition to such other du- . fined. ties as may be required -herein, or as may be provided by or- dinar,ce, he shall receive all funds of the city and deposit them in the city depository before the shall pay out any of them, and he shall not pay out any money save on duly au- thenticated orders, and then by check or order on the city de- pository. The city deposntory shall be one of the banks of the city, which shall .be selected and designated by the city. treasurer. He shall make daily deposits' in such depository of all money received by him for the city in the preceding -twenty-four hours. He shawl furnish to the auditor once in. each month, and at any time when demanded, a certificate ` from the city depository showing -the balance on hand to the credit of the city, and also a statement of the gross amount SECTION 3132.— Salary—increase 132.Salary—increase of duties. Obligation to increase salary not implied from increase of duties. Covington v. Afaberry, 9 Bush, ;meq, M M J 7 'It .Kr..l,_c�T'r°NM,�, '4M7}IK•fYkR�'1M•.., r.�p�y, CHARTER OF SECOND-CLASS CITIES. 57 snd numbers of the warrams or orders on the treasurer paid a� b him since his preceding report. The depository ` Y P g eP posltory shall; Ue- , fore the city funds shall be deposited with it, execute to the satisfaction of the general council, bond in such sum or pen- alty as the general council shall fix, for the 'faithful care and payment of all funds intrusted to it. (e) City Clerk. Sec. 3133• Duties of the Clerk—Ordinances to be Pre - tented to Mayor. It shall be the duty of the city clerk, in Duties of sty p Y deputy, g general Cleric. - person or de ut to attend all meetings of the council, both in joint and separate session, and to keep a true record, properly indexed, of its proceedings, to promptly and without delay present to the mayor for his consideration and action all ordinances, resolutions or by-laws passed by the general council, 'taking the receipt of the mayor therefor, t showing the date of delivery to the mayor, and shall also 1 note, of record the action of the mayor thereon. The clerk shall keep the seal of the city, and affix the same when re- quired by law. Sec. 3134. Ordinances and Papers Delivered to Auditor. Said clerk shall deliver to the auditor all ordinances, by-laws, Duties of Citt resolutions, contracts, original papers and documents .of Clerk. every character, or copies thereof, taking his receipt there- for, showing the date of delivery, which receipt the clerk shall note of record; but no ordinance, by-law or resolution shall be so delivered until the same shall have become a law and in force and effect, save as to publication, Sec. 3135• Warrants—Ucense"haiU Make Copies Or. dered to be Made. Said clerk shall sign all warrants on the Must sign the treasury, shall issue all licenses authorized or required warrants, by law or ordinance, and shall make out and copy all asses- ment, license and ttax books as may be prescribed by law or ordinance, and deliver the same to the proper officials. Sec. 3136. Custody of Records—Attestation of Official Acts — Public Printing—Bond. He shall have the custody Must Dwserve Of the public records. The origh,al or engrossed copies of Dubuc records ordinances o` the'city,all original or copies of contracts, .i •1 . r '.1 4 i I CHARTER OF SECOND-CLASS CITIES. deeds and certificates relative to the title of any property of the city; all original or copies of official, penal, indemnity and security bonds, and such other records, papers and docu- ments of value ai are not t equired to be deposited in any other office, all of which shall be registered by number, date and contents. He shall keep the contract book and ordinance book of the city and have all contracts and ordinances ac- 58 curately entered and engrossed in said books respectively. He shall attest all public instruments and official acts of the '.1 4 i I CHARTER OF SECOND-CLASS CITIES. (f) Police and F:re Commissioners. Sec. 31S7. Appointed—Qual:ficatione—Term of Office— Salaries—Mayor Chairman. The mayor, subject to the ap- proval of the board of aldermen, shall, appoint four citizens an:l free holders of the city, who shall have been electors of the city for five years pr -ceding their appointment, and who SECTION 3137— The appointment of members ,of the hoard of police and fire commis- si:mers need not be confirmed by the aldermen.—Watkins vs. Mooney, zq Kyv Law Reporter, pg. 1469. a f deeds and certificates relative to the title of any property of the city; all original or copies of official, penal, indemnity and security bonds, and such other records, papers and docu- ments of value ai are not t equired to be deposited in any other office, all of which shall be registered by number, date and contents. He shall keep the contract book and ordinance book of the city and have all contracts and ordinances ac- curately entered and engrossed in said books respectively. He shall attest all public instruments and official acts of the mayor by his signature and -the seal of the city. He shall make copies of such original documents, records and papers in his office as maybe required by any officer or person, and charge therefor such fees as may be provided by ordinance, said fees to be for the use and benefit of the city. He shall Mull xupet. have general supervision of the public printing, and see that it vlre pu vrinttntt. is properly executed, and shall file and preserve in his office printed copies of all ordinances passed by the general•coun- cil which became laws. He shall register and preserve in his office all contracts, bonds, oaths, or affirmations taken or given by city officers or employes, and may administer Mustirlve suchoaths or affirmations. He shall give bond for the faith bond. ful performance of his official duties in the sum cf not less than ten thousand dollars, with such solvent security as may be approved by the mayor and general council, and shall re- ceive such salary and perform such other duties as the gen- eral council may provide by ordinance. (Section as amended by act of March 15, 1898.) (f) Police and F:re Commissioners. Sec. 31S7. Appointed—Qual:ficatione—Term of Office— Salaries—Mayor Chairman. The mayor, subject to the ap- proval of the board of aldermen, shall, appoint four citizens an:l free holders of the city, who shall have been electors of the city for five years pr -ceding their appointment, and who SECTION 3137— The appointment of members ,of the hoard of police and fire commis- si:mers need not be confirmed by the aldermen.—Watkins vs. Mooney, zq Kyv Law Reporter, pg. 1469. a f � K - +-•lYN'Y :r.�w•vwcgp u.rwH h�'A1'*�r•a!L I CHARTER Or SECOND-r_"LASS CITIES, 59 shall nor be less than thirty year.: .of age, and not related to the mayor by blood or marriage, who, together with the ly p Ikwnl or Hre mayor, shall compose a board of police and fire commission- and (I of ers. The mayor shall be ex -officio chairman of said board. eumndssion ora. Said commissioners shall be appointed for a term of one, two, three and four years respectively, upon the taking effect of r" this act; and every year thereafter, as the terms of office of the said commissioner shall expire, respectively, there shall be one commissioner appointed fora term of four years, and the mayor shall fill all vacancies that may occur in said board. The salaries of the commissioners may be fixed by the general council. The city clerk shall act as clerk of said board. Sec. 3136. Powers—Appointment and Removal of Ch:cf of Departments and, Subordinates. The said commissioners � Powers ot the shall have ful! control over the police and fire departments of the city, together with all the property and paraphernalia thereof or belonging thereto and may make or ordain and put into execution suchby-laws, rules and regulations fur the g^vernment of said departments as may be deamed ex- pedient, and may prescribe the qualifications of the firemen and officers and members of the police and fire departments, respectively. They shall appoint a chief of police and all policemen, and a chief of the fire department and all subor- dinates, and shall fix th^ salaries of the chiefs of all depart- ments and prescribe their duties, and they may grade the ot}i- cers of said departments and prescribe their several duties, and may remove them with or without cause. (Por other du- ties of the chief of police and policemen and fres, see subdiv. ision 6.) Sec. 3139. Duties of Commissioners. They are expressly charged with the duty of having the chiefs and the members hNt„tj of 4Lu of the police and fire departments to faithfully discharge such SECTION 3t�&— P-.licemen may be removed at th pleasure of the commissioners— t:rm—compensation. City v. Rennie, to5 Ky, 779; ao R, 1609, - 60 CHARTER OF SECOND-CLASS CITIES. duties as may be imposed b,• law or prescribed by ordinance and to that end may remove any member of either depart- ment with or without cause. control over .,, 34o, Numberf Firemen d P oremen and firemen and Sc1 policemen. The number of firemen or policemen and officers of either " A. department may be such as the general council may, from timeto time, ordain, and may be increased or diminished upon petition of the commissioners in that behalf; and said general council shall .by ordinance, provide for the payment of salaries of the firemen and policemen and officers of eith- er of the said departments, and other expenses thereof. Sec. 3141. Oath and Bond of Policemen—Eligibility. Bond of po- Each member of the police force, before entering upon the 'icemen and B dischar a of his duties, slhall take an oath before the mayor qualifications. to well and truly discharge the duties of his office, which oath shall be subscribed by the person taking it, and shall' be preserved on fife in the office of the auditor, Each po- liceman sha11 give such bond as may .be prescribed 'by ordi- nance, with securities satisfactory to the police and fire cam- missioners, for the faithful discharge of his duties. No per- son convicted of felony shall �be eligible as a policeman. (Po- licemen to execute bond; sec Sec. 3168). Sec. 3142. Chief ofthe Fire Department—Powers and Putlesot Fire Duties. It shall be "the duty of the chief of the fire depart - Chief. men[ to be present at all fires and investigate the cause thereof, and may examine witnesses, compel the production of testimony, administer oaths, make arrests, and enter any buil&ng for the purpose of examination, which, in his opin- ion, i3 in danger from fires; and he shall report his proceed - SECTION 3141.— Bond of policemen—pleading--liability of surety—suffeciency af' bond— prc,umption. Connelly v. Am. B. & T. CO., 24 R., 714,'and see Johnson V. %Villiams, 21 R., 658; Finnell v. Bohannon, tq R., 1587. Ponds taken under this section cover unlawful arrests or unnecessary force used by an officer.—Connelly ve. American Bonding & Trust Co., 24 Ky. Law Reporter, pg. 714. I I CHARTER.OF SECOND-CLASS CITIES, 6 ing . s to the general council, at such times• as may be requ:red. Said chief shall direct and cor? . tMI the operations . of the fire- men at all .times, and they shall obey his ..orders. and direc- tions; and he shall have fu?l access to and use of all Cisterns and fireplugs, and of waters of * the ' w ' atcrworki, or the cisterns of private persons for the purpose, of extinguishing fires and he shall at all tMici have access to and right to examine all cisterns and all plu',vs and pipes o:* the water- works, to see that the same are in proper condition for use in case of fire; and he shall have full control of all buildings Le - longing to the fire department, and of all hose, wagons, en- gines, horses and other appliances and apparatus provided for said department, an I of the firemen at all times in the discharge of their duties; and lie shall liciform *such other.. duties not herein speci5cally imposed as the general council shall, by ordinance, prescribe. Sec. 3142a. (2) Fire Department Under Control of Com- Mar 1 L -v - missioners That the government administration, disposi-t1'019are dL- I v-4ron tion and discipline of the fire det)artment and the officers, members and employes thereof shall be c board of Such as th police and fiie'commissiciicrs may, and is hereby 'authori- iied, from time to time, by rules, ordirs and regulations to prescribe. (First section Is omitted as immaterial). (3) Charges against 'Members Heard and Determ:ned C11 " Wit by Commissioners. The police and . fire commissioner's shall "ONIAL W� 10. have power, and it is au horizcd to adopt rul a and regula- Lons for the examining. hearing, investigation and determin- 1,0%V hestril'. ing of charges made or preferred against members of the fire department, or employes thereo', Lut no officer, mem- her or employe thereof shall be fined, rctirinianded, removed, suspended or dismissed from the fire department until -writ- ten charges have been made or . preferred against him or SECTION 3142a.— i. Fire dep3rtincht. Legislature has no power to fix salaries of fire nien, or other municipal employes; this right belongs to the municipality, and this act in so far as it undertakes to regulate ialarics is invalid. City v. Thompson, 24 R., 384; and see Alcl)onald v. City, 24 R., 27111 2. Pension fund for firemen. See McDonald v. City, 2.1 R., 271,'hold-- ing a pension act for first class cities tinconstitu'ional -in so far as it under- took without consent 'of municipality to impose a tax. r 2. CHARTER' OF SECOND-CLASS CITIES. them nor, until Such charges have been examined, heard and _ investigated before said board and sustained. . Mules fixed. q. -.Salaries of Members of. Department. The said. fire department shall consist of one chief, whose salary shall not _ be less than one hundred and fifty dollars per month; .the engineer's salary shall be eighty dollars per month; the elec- trician's salary shall be seventy dollars per month, and the ordinary fireman's salary shall be sixFy-five dollars per month. - App)Intment g. Appointment—Qualification and Discipline. The man of N omen. - ner of the appointment of 'the said members ,of the fire de- _ partment and their qualifications and control and discipline of, said department is not intended to be changed by this act, but to be controlled by the rules and regulations and laws as heretofore. Pen Ion t• nd 6. Pension Fund—Trustees Of—Treasurer and Secre- t"ruru'uen•- Lary. There shall be organized in connection with said de- partment a board to be known as the board of trustees of _ the firemen's pension fund, which shall be composed of the -- mayor of the city, chief of the fire department and police and fire commissioners, and said board,shall select from their number a president. The city treasurer shall be ex-offico treasurer of said, board and the funds coming into its hands. A secretary shall be elected by ballot by the members of the fire department for a term of two years, said election to be directed by proper rule, of said board, Taxes city 7• Taxes For—Other Resources—Investment of Fund— - spat for pen- swn fund, Trustees. There shall be seta b art p y the general council - each year one-half of one per centum of -.the general tax levy, ' received for municipal purposes for said year as a fund for / the pensioning of crippled and disabled members of the fire department, and of the widows and dependent children under ' :w the age of sixteen years, and.dependent fathers and mothers of deceased members of the fire departmens of said cities, and all moneys withheld from the officers, members or em- ployes of the fire department as. punishment for any breach of. discipline, fniscondu,t or violation of the rules and regu- lations.fon said department, shall be paid into said fund each i •, / i CHARTER . OF SECOND•CLAS$ CITIES. 63 month, and credited, upon the payroll* of the department, pay- • able to said fund for that purpose; and all fines imposed by the board of police and fire commissioners upon officers, members or employes of the fire department by way: of dis- cipline, and collectable from pay or salary,. and, all'rewards, fees, proceeds of gifts and emoluments they may be paid. or ` given on account of extraordinary services of any officer, S member or employe of the department and all moneys re- ceived for penalties under, the provisions of this act shall be paid into the treasury to the credit of the firemen's pension fund. The payment so made, togetherwith the tax levy aforesaid, shall constitute and be kept as a fund to be called " the firemen's pension fund, and the said board heretofore designated is hereby declared to be the trustee of said fund, and they shall have power, and it shall be their duty, from , time to time, to invest the same, in whole or in part, as they shall deem most advantageous for, the objects of the.'said n ` fund; and, they are empowered to make all the necessary contracts and to take al; the necessary remedies in the prem - 8. Trustees Control Fund—Assessment of Members of Trnste sof the Department. Said board shall have exclusive conrtrol and °11ibtoa fain. management of the said fund, and all moneys donated, paid or assessed for the relief or pensioning of disabled members of the fire department, their widows and dependent chadren _ under the age of sixteen years or dependent fathers or _ mothers, and shall assess each member of the fire depart- ment one per centum of the salary of such member, to be , deducted and withheld from the monthly pay of each mem- ber so assessed, the same to be placed by the treasurer of such city to the credit of such fund, subject to the order of such board. 9• Trustees to Dispose o` Fund -Record of Proceed- ings. The said board shall have all needful rules and regu- pnttos„R ; lations for its government in the discharge of its duties, and trustmi. r shall hear and decide al; applications for reCef or pensions under this act, and its decisions on such applications shall be final and exclusive, and not subject to review or reversal 64 CHARTER,.6F SEC)IeD-CLASS CITIES. except by said board, and a record shall be_kept of all the meetin d I • Li gs. an tie proeeedmgs of said board. .' R n 1 may bo 1P"s'i1 Io. Investment of Fund by Trustees. The said board of trustees shall have,the power 'to draw such pension fund from the treasury and may invest the same, or any part thereof, in; the name of tl:e board of trustees of the firemen's \ pension fund. in interest bearing bonds of the United . States,or the State of Kentucky, or any city of the first, class in the State of K:irtucky, and all such securities, shall _ be deposited with the treasurer of said city, as ex -officio treasurer of said board, and shall be subject to the order of said board. t•n�r^•rnq tt. Interest on Fuld—Limit of Fund. The interest re- u •ua 4 n• upd. ceived from the invest nent of said sum shall be applicable - to the payment of pen.;ions underthis act, and it shall be within the power of the board o: trustees to diminish and ' ^ adjust the annual rate of per centum authorized by this act to be set apart for the firemen's pension• fund from. the.' general tax levy for mun:cipal purposes, so that the income from interest, percentage of the salaries of the officers, mem- _ hers and employes, fines .and other moneys received as set '. forth -herein, shall meet. the requirements of the 9 pension• list as provided by this act: Provided, that at no time shall the fund exceed two hundred thousand dollars. Peaaoninr 12. Retirement of Disabled. Firemen—Amount of Pen- 4.111he s of tln. d p:tr - sion. If an y officer, member or employe of the fire depart- ., ment, while in perform3•nce of his duty, become or shall be found, upon examination by a medical officer, ordered by said board of trustees .to • examine said .officer, member or - - employe, to be physically or mentally permanently disabled by reason of service in such department, so as to render necessary his retirement from service in said. department, R said board of trustees shall ret:re such disabled member from service in such fire department: Provided, no such re- tirement on account of disability shall occur unless said member has contracted said disability while in the service of said fire department, and upon such retirement the board of trustees shall order the payment to such disabled member of Li CHARTER OF SECOND-CLASS. CITIES. 65 such fire department monthly from such pension fund, a sum equal to one-half of the monthly compensation allowed to y. such officer, member or employe as salary at the date of his :. retirement. If any member of said fire department shall, =i"•, while in the performance of his duty, be killed or die as' the r ` _ result of an injury received in the line of his duty, or to die from any cause whatever as the result of his service in - " said department, and while in said service, and shall leave a widow or child or children under the age of sixteen years, : 1•• or a dependent father or mother surviving, if said member was an unmarried man, said board of trustees shall direct c the payment from said pension fund, monthly, to such widow while unmarried of thirty dollars, and for each child until it reaches the age of sixteen years, six dollars, and to the de- pendent father or mother, if said deceased member was un - :.I married and childless, thirty dollars. 13; Deficiency in Fund—Prorata Reduction. If at any payment '. of time there shall not be sufficient money in such pension Pension. fund to pay each person entitled to the benefit thereof the amount per month as herein provided, then an equal percent - ".I age of such monthly payments shall be made to each bene- ficiary until the said fund shall be replenished, to warrant the payment in full to each of said beneficiaries. .tq. Retired List—Amount of Pensions. Any member Firemen may -- of the fire department of such cities having served twenty retire' t years years or more in such fire department of which the last two N. years shall be continuous, may make application to be re- lieved from such fire department; and if his application is - granted, or if he should be discharged from such depart• i•'' ment for disability or violation of the laws, rules or regula- tions of said board, the said board of trustees shall order - -- and direct that such persons be paid a monthly pension i equal to one-half the amount of the salary said person is or -was in receipt of as a member of said department. After -the decease of a member his widow and children under six- teen years of age, or dependent father or mother, if any sur- vive him, shall be entitled to the pension provided' for in L6 CHARTEII OF SECOND-CLASS CITIES. this act. This act shall apply to all persons who are now or- shall hereafter become members of any organized pard fire department in any city of the second class., slay pay ru- 15• Funeral, Expenses. Whenever an active or retired neral ex- " punsen. fireman shall die, as aforesaid, the board of trustees may ap- propriate from the fund a sum not exceeding one hundred dollars to the widow or family for funeral expenses, and may expend a sum not exceeding fifty dollars for the expenses of the attendance of the firemen at said funeral. ' Who entitled , W MuelUn. a6. Who Entitled to Pension. No person shall be en- " titlod to receive any pennon from the said fund except a ' -� regularly retired member or a regular member in good standing in said fire department, his widow and children on- der the age of sixteen years,, and., his dependent father or -mother. Con'rol over 17• Treasurer—Duties and Bond Of. The treasurer of rl'" rrngton t i fun.• :.the•board of trustees shall be tho custodian of said pension "fnni,.and shall secure and safely keep the same, subject to _ the control and direction of the board, and shall keep his books and accounts concern:ny said fund in such mannefr as � may be, prescribed by the board, and the said books and the said accounts shall always be sd'ject to . the inspection of the board or. any member ;hereof, The treasurer shall with- ' in ten days after his election or appointment, execute a bond to the city, with good and sufficient "surety, in such penal' sum as the board shall direct, to be approved by the ,board, conditioned for the faithful performance of the dutjcs of his' office, and that he will safely keep and well atyd truly ac-- ^` count for all moneys ann properties which pi-ay come into his hands as such treasurer, and that upon .the expiratioli of - his term of office he wi'l surrender and delayer to his site-- cessors all bonds, securities, and sell unexpended moneys or other properties which may have come intohis hands as treasurer of said fund. Said bonds shall be filed in the of. lice of the comptroller as other bonds, and may be sued in the name of said city or said board, to the use of said board, _ or any person or persons injured by a breacli thereof. ' CIIARTER OF SECOND-CLASS CITIES. 67 ' 1 I is. Warrants Drawn on the City for Fund. It shall be warrauta the duty of such officer or officers of the city as are desig- nated by law to draw wa.rrants on the treasurer of said city on request in writing by said board of trustees, to draw war- rants on the treasurer of said city, payable to the treas- urer of said board of trustees for all funds belonging to ` said pension fund as aforesaid. ig. Payment of Pension Fund. All moneys ordered mentot to Le paid from said pension fund to any person or persons P'r PUUalolls.UnH, ' bhall be paid by the treasurer of the board of trustees only upon warrants signed by the presiden, of said board and = countersigned by the secretary thereof .and no warrants shall be drawn except by order of the board after having been • duly entered on the records of the proceedings of the board. 20. Reports by Trustees to Council. The board of trus- Reports must .. tees shall make a report to the general council of said city be mutts. ". ' of the conditiwn of said pension fund on the first meeting eight in January in each and every year. ,I 21.. Exemption of Fund From Legal Process, No por- Pension ca4 ... ... ti on of said pension fund shall, before or after its order for nuc beYar• not bel . distribution by the board of trustees to the persons entitled thereto, beheld, seized, taken, subject to or detained or lew ied upon by virtue of any attachment, execution or injunc- tion, writ, interlocutory or other order or decree, or any pro- cess or proceeding whatever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damage., claim, demand or judgment against the beneficiary of said fund'; but the said fund shall - be held and distributed for the purposes of this act, and for no other purpose whatever. (This section is an act of March 19, tgoo; the numbers of the sub -sections are the numbers of the sections of act.) (g) Commissioners of Water Works, Sec. 3143•• Appointment — Number — Qualifications . . Bond—Powers and Duties—Treasurer• In such cities of the second class os now own a water works system there shall r 1 , r n Commissioner be a board to be styled the commissioners of water works, of water works, to be composed of three members appointed by the mayor, subject to the approval of the board of aldermen. They shall Duties, bond, have the qualifications required for aldermen, their terms of office shall be three years and until their successors are appointed and qualified, except that the members first ap- pointed under this act shall be appointed for one, two and less than three hundred, and thereafter one member shall three years respectively for a term of three years. The first be appointed each yearmmissioners shall be made in May, appointment of said codred and ninety-four. Said com- one thousand eight hunond for the faithful performance of missioners shall give b >f five thousand dollars, and they their duties in the sum ppnsation as the general council may shall be paid such comundred dollars per annum, and not fix, not exceed:ng five h dollars each per annum. Said commis- sioners shall control and manage, the water works and water system of the city, subject to such regulations and limita- tions as the general council may by ordinance provide; they may appoint and remove a superintendent, secretary and oth- er necessary employes, and allow them such compensation as the general council may approve. They shall make full monthly reports to the general council of the operation and condition of the water works or water system of the city, including all receipts, expenditures, repairs and work con- nected therewith. The city treasurer shall be an ex -officio treasurer of said board, two members of said board shall constitute a quorum for the transaction of all business of the board. (Section as amended by act of March 15, 1898). (h) City Eng_meer, Sec, 3144. Election—Qualifications and Term—Salary— Duties—Certificate of Competency. There shall be elected by City Hnuincer the qualified voters- of the city a city engineer, who shall hold his office for four years, and until his successor is Qualifications elected and qualified. He shall not be less than twenty-five years of age and an elector of the city. His duties and sal- DuVes. ary shall be such as the general council may prescribe by Salary. ordinance; the general council may, before he enters upon r L CHARTER OR SECOND=CLASS CITIES, '69 the discharge of his duties, require that he -shall obtain a certificate of competency in a' 'branches of civil engineering relating to the duties of his office, from three expert civil ? engineers, selected by the general council. (Person cannot become a candidate for civil -engineer until he obtains a cer- tificate of 'competency. See Sec. 3173). Sec. 3t44a. Duties of Engineer—Assisiant—Salaries. The duties of the city'engineer shall be to supervise all work which is done by, for, or on, account of the city, which prop- erly comes within his department, and lie shall recommend to the general, council the employment of such labor and the purchase of such material, in the performance of his duties, as he may deem necessary for the best interests of the city. All work of a public charketer shall be. inspected by him, as - well as all materials used in such work, and both the work done and materials used ,hall be accepted by him. He may ^ Duties ass1w, select an assistant, provider', such office of assistant has beenalit engintes, or may be created by ordinance, who shall serve during his term of office, whose dutie.: shall be to keep a record of all. transfers of real estate, on a block map to be .kept by the city, and to render such assistance to *.the city engineer as I' may be necessary, and -Ls hP may be directed.by the engineer I [ hh 9%Ib db h to perform. Tin he saary ote engeer s al a xe y t - _ general council and shall be not less than eighteen hun- dred dollars nor more than twenty-four hundred dollars per annum. The salary of the aeputy shall be likewise fixed and shall not be less than six hundred, dollars per annum nor more than twelve hundred dollars per annum. So much of said section (3144) as in Lie in conflict herewith is •hereby re- pealed. (This section it an act of March tf3, t9o2, purporting to amend sec. 3144.) (i) City Jailer. Sec. 3145• Election—Oualifications— Term— Denuty- Salaries—Duties. There' shall be elected by the qualified AibyJulieb a!„ voters of the city a city jailer, who shall not be less than twenty-five years of ag.- and an elector of the city. He shalt hold his office for four vears and until his successor is elect- ed and qualified. He shad perform 'such duties as the gen- Duties. 1 1 � c I ,70 CHARTER OF SECOND-CLASS CITIES. salary. eral council may, by ordinance prescribe. His compensation for such duties shall not be less than one thousand five hun-, dred dollars per annum, nor shall it exceed two thousand five hundred dollars per amnu-n. The city jailer shall be fur• Dequty. nished a deputy by the city. Said deputy shall be appointed by the city jailer. Said deputy shall perform such duties as the general council may, by ordinance, prescribe. His Salary of d*p- compensation for said dories shall be not less than nine hun- ■ty. dred dollars, nor shall it exceed one thousand two hundred dollars per annum. All the property, machinery and equip- ments of the city jail shall be under the immediate control of the city. jailer. (Section as amended by act of March 6, SUBDIVISION VI. judicial Department. Sec. 3146. Police Court—judge — Election—Qualification —Salary. There shall be established in and for each city of Pollee coUrL the second class a court, to be called the police court, to be presided over by one judge, to be elected as hereinafter pro- vided, who shall receive for his services such salary as the gerieral council shall fix by ordinance; and said judge shall not receive any -other compensation from any source. No Quau9eatl0lrs person shall be eligible to the office of police judge who, at or a udse. the time of election, is not twenty-five years of age, a resi- dent of the city for four years. This shall not apply to pres- ent incumbents nor to police judges elected in November, one thousand eight hundred and -nirte:y-three. (Vacancy, how filled, sec, 3758)• Sec. 3X47. jurisdiction of Police Court. Said court shall Jurisdiction have exclusive original jurisdiction in Al prosecutions for Collee urt. the violation of the ordinances of the city, and jurisdiction concurrent with the circuit court and justices of the peace of all pleas, of the commonwealth arising within the limits of S17CTION 3146. -- Police judge. Person appointed ro fill vacancy caused by death of judge elected in 1893 is entitled to same fees as his predecessor. Stone v. Falconer, 21 R., 1216. - w J �� CHARTER OF SECOND-CLASS CITIES. 71 the city except cases of felony; and said court shall have pow- er and authority to take recognizances from persons charged with offenses recognizable before said court, to appear and at:swer the same as the circuit courts have, 'and a Pike power, to enforce compliance with she same and as to commititing riry.i Ra Y!.+:ea. criminal offenders and sending them on for trial. Said court shall have all power given by the general law to examining courts. Sec. 3148. Petit Larceny and Vagrancy—jurisdiction. Said court shall have jurisdiction of all cases of petit lar- ourrlle8htlon court cent' and vagrancy arising in said eiities, respectively, and the justices of the peace are hereby required to make the recognizances of all persons charged with being, vagrants or with petit larceny within, said several cities returnable to the pol'i'ce court instead of the circuit court, and up m ^zon- viction of vagrancy or petit larceny the person so convicted shall be sent to labor in the city prison or workhouse for not less than three nor more than twelve months; present- ment or indictment by a grand jury shall not be necessary in cases of vagrancy or petit larceny, but the person charged with either of these offenses may be arrested on Warrant and tried by the police judge, and if found guilty, convicted by hint. Women may be so tried znd convicted on the charge of being vagrants. Sec. 3149. Riots, Routs and Unlawful Assemblies—jur- isdiction—Arrest of Offenders. The jurisdiction of the police Jurisdiction or police court judge shall extend to all cases of riots, routs or unlawful as- semblies within the city. Whenever said judge shall be ad- vised or receive information on oath of any rout or any un- lawful assemblies of people, for the purpose of gaming or any other unlawful purpose whatever, it shall be lawful for him to issue his warrant to arrest all such offenders, directed to the sheriff or any constable of the county or the police of the city, and if no officer be at hand -to serve such warrant, then to such discreet persons as said judge shall appoint, return• able before some justice of the peace of the county, on which warrant it shall be the duty of the officer or other person to arrest and bring before said justices of the peace r C w 72 CHARTER OF SECOND-CLASS CITIES. of th• county all, persons who shall be found so assembled, to be dealt with by the justices according to law; and it shall be the duty of the citizens of the city and county to attend the officer or other person, if they should be there- unto summoned, to aid and as-ist in arresting the persons so found guilty of infracting the law. Sec. 3150. Places and Times. of Holding Courts --Courts Thin, and of Record—Seal. Said court shall be holden at such places' lace or hold- nxeonrt. as the general council shall designate, or, they failing to designate a place, at such places as ,the judge shall select; and the judge shall have power to fix such time for the holding of his court as in his discretion the cases coming before him for trial may seem to him to require. Said court shall be a court of record and shall have a seal, which shall be in the custody of the judge or the clerk of the count, to be used and affixed by staid judge or clerk as the seals of the circuit court are. Sec. 3151. Prisoners to Be Confined in jail. That all Whore Prison- dersons committed by said court for default of surety for ereeonfined good behavior or to keep the peace, and all others whom V.e city is.bound to maintain when committed to. jail; shall be confired in the .city workhouse or prison, and they may be compelled, to labor as many days, at such sum per day as may necessary to defray the reasonable cost of their board, to be, from time to time, determined by the mayor ' and general council. Sec. 31S2. , Recognizarces—How Taken and When Re- PowersotPo- turnable—Examining Court. That all recognizances taken ltcsJudge, h the judge of the ace court when the da' Y 1 S lm � Y is given for the appearance of the party, except in cases in which he has ;ur;sdiction, to try the matter, shall be for the appearance in the circuit court; and all recognizances, those above except- ed, shall be conducted as recognizances taken and returnable by magistrates. The sa;a judge on the examination of crim- inal offenders, shall make nut and sign a statement of the evidence, and shall recognize the witnesses, and shall re- turn the statement of Cie evidence and the recognizances to the clerk of the .circuit court. C w Hyy�.'�,, «lo-+..::' W Y ,. ak�YaAh�:WF°�.ti:.�"f,-v r.: ct.i•'�"1kAllivwe^n�R •�Ve,� ��� �.__-,-.amu.. 0 UHARTER of SECOND-CLASS CITIES. 73 Sec- 3153• Judgment fot Costs Restricted. No judgment Amount of for costs shall be rendered in favor of the city fora greater cpstrestrleted amount than the fine, unless the judge of the police court shall be of the opinion that a judgment for full costs shall he rendered against the offender, and shall so certify on the record. Sec. 3154.' Witness and Jury Fees. The general council lie es regu- shall have power, by ordinance, to fix and regulate witness and jury fees in the said police court: Provided, that said fees shall not exceed those allowed by law in the justices' court. Sec. 3155. Fines and Costs for the Benefit of the City. All fines and penalties and costs collected in the police Costs and fines conn shall be for the use and benefit of the city, and the of - to go to city. ficer collecting such fines end penalties shall make daily re- ports of such col!-cctions to the treasurer, taking duplicate receipts therefor, one of which shall be delivered to the au- ditor. Sec. 3156. Process—How Issued and to Whom Direct- ed. Said court may award all process, original, rdesre and Ruleastopra` final, that :nay be deemed necessary and proper for the dueOe&' distribution of justice within its jurisdiction. Said process may be directed to and executed by the chief of p. -)lice, or any policeman or any sheriff or constable within the state. Sec 3157. Clerk—Judge to Act as, Except. The judge of the police court shall act as the clerk of his own court, Clerk of po• lice court. unless orherwise provided by ordinance, or may appoint a clerk for his court. The city, however, shall not be liable ' for the compensation of such clerk if so appointed. Sec. 3158. Court Always Opens—Cases—How Set— Process. Said court shall always be open for the trial ofeourtotcon- tlnuous sos- causes and hearing of complaints, an•f may set cases forslon. particular days• and may make process returnable to any day within named, or forthwith when the nature of the cases may so require. Sec. 3159. Recognizances—For Appearance and to Keep Powers of tks the Peace. Said court shall have power to take recogniz-court. 0 a , 74 CHARTEROF SECOND. -CLASS CITIES. ances for the appearan:c in said court of persons charged w.th offenses recogniz1ae in said court; and also recogniz- ances to keep the peace and be of good behavior for the period of one year. May have Sec. 3160. Jury—When Allowed—Six Jurors. Said fue,es.. judge in all causes tried before said court, may impanel a ju- ry, and where the punisbment may be a fine of twenty-five t dollars or more, or imprisonment in the jail or workhouse, other than the commutation of a fine, the defendant or ac- cused may, at or before the cause is called for trial, but not afterward demand a jury, who shall try the facts and be governed by the instructions of the court as to the law; and in all other cases the judge shall try and determine both the law and the facts. A jury in said court shall consist of six jurors, who shall be summoned by the chief of police or po- lice officer under his direction. They shall. have the same roalifications as are ret, ;fired of jurors in the circuit court, LA their attendance that circuit courts have. Sec. 3r6x. Policemen Officers of the Court—Attend- Police must ance. All regular policemen of the city shall officers of wait on courR ,be said court, and the chi :f of police, or some policeman dale - gated by him, shall be in constant attendance upon the ses- sions of the said court, and subject to its order. Sec- 3t62. Costs—Commitment for Non-Payment—Col- may ex costs. lection. Said court may assess, in add;tion to fine or impris- rnment, nny sum in his discretion, not exceeding three dol- , 74 CHARTEROF SECOND. -CLASS CITIES. ances for the appearan:c in said court of persons charged w.th offenses recogniz1ae in said court; and also recogniz- ances to keep the peace and be of good behavior for the period of one year. May have Sec. 3160. Jury—When Allowed—Six Jurors. Said fue,es.. judge in all causes tried before said court, may impanel a ju- ry, and where the punisbment may be a fine of twenty-five t dollars or more, or imprisonment in the jail or workhouse, other than the commutation of a fine, the defendant or ac- cused may, at or before the cause is called for trial, but not afterward demand a jury, who shall try the facts and be governed by the instructions of the court as to the law; and in all other cases the judge shall try and determine both the law and the facts. A jury in said court shall consist of six jurors, who shall be summoned by the chief of police or po- lice officer under his direction. They shall. have the same roalifications as are ret, ;fired of jurors in the circuit court, and the court shall have the same power to hold or excuse their attendance that circuit courts have. Sec. 3r6x. Policemen Officers of the Court—Attend- Police must ance. All regular policemen of the city shall officers of wait on courR ,be said court, and the chi :f of police, or some policeman dale - gated by him, shall be in constant attendance upon the ses- sions of the said court, and subject to its order. Sec- 3t62. Costs—Commitment for Non-Payment—Col- may ex costs. lection. Said court may assess, in add;tion to fine or impris- rnment, nny sum in his discretion, not exceeding three dol- lars, as costs against any defendant when convicted of any offense; for which, if not paid, the defendant shall be com- mitted to imprisonment in jail or workhouse, as in case of How costs fines. All lines, costs and forfeitures shall be collected. by collected. the chief of police and paid into the city treasury, and a du- plicate receipt shall be given therefor, one of which shall be filed with the city auditor. Sec. 3x63. Repleyin Bond Enforced by Proceedings for Record of re- Contempt. The city judge shall keep a register of ajl replev- plevin bonds' in bonds taken by the court, and as soon as replevin bonds fall due he shall notify the principal or sureties of its. 4 1 dj•,!� y..w;w±�ti'-.'y"I3'1'a,Y'�M+fir•.. CHARTER OF SECOND-CLASS CITIES. 75 maturity, and if the sarle are not immediately paid he may - epforce the payment thereof against any or all of said per - sun's by proceeding as for contempt. Sec.. 3r64, Territorial Jurisdiction—Ohio and Licking Rivera, The territorial jurisdiction of the said court shall beJurlouctlon. co -extensive with the corporate limits of the said several cit- ies; and said court, in cit;ec bordering on the Ohio river, shall have jurisdiction over said river opposite the city to low water mark on the Ohio side, and cities on the Licking river over said Licking river to the opposite shore. Sec. 3t65: City Attorney—Election and Term of Office —Duties. There shall t% elected by the qualified voters ofDutlesatd auallncatlous the city a city attorney, .vho shall hold his office for four of city at - dears. The city attorney shall appear for the city in all torney, y cases in the police court and prosecute or defend in behalf of the city all appeals from the decision of the said court in which the city may be a party, or is in any way interested; ,�'• and he shall perform such other dirties as the general coun- cil may prescribe by ore finance, and such as may be re- quiredof him by the city solicitor. Sec. 3166. City Solicitor—Election and Term of Office —.Qualifications—Duties. A city solicitor shall be elected for Ductem and 1 • Quallacat'.i 1111 a tcrm of four years. IIe shall be a regularly admitted and of city wille- Iwr. practicing attorney at law. He shall appear for the city, and attend to all cases in the circuit court and court of ap- peals, wherein, the, citytnay be a party complainant or de- fendant, or a party in interest; he shall give advice to any and all city officials, and to the general council, and shall at- teud the meetings of both boards of the general couticil, or of any committtee thereof, when requested; and shall super- vise. the preparation of all contracts to which the city may be a party, and perform such other duties as may be pre- scribed by ordinance. (Office may be abolished, sec. 3171.) Sec. 3167. Salaries of Solicitor and Attorney. The city salapeg j" solicitor and attorney shall be paid such salaries as the : general council shall dent proper. f ' i S 76 CHARTER OF SECOND-CLASS CITIES. Sec. 3x68. Chief cf Police to Attend Council and Po- nutlesotchlet lice Court—Bond—Duties—Liabilities. The chief of police of Voiles. shrll, by himself or any policeman acting under his author- ity, attend all the sessions of council and of the police court, execute the orders thereof, and preserve order thereat. He shell by himself or policeman acting tinder his authority, execute all orders emanating from the police court directed to him. He shall collet the fees of tha judge of the police court and of the mayor, if required. He and policemen act- ing under him shall execute such bond, with such surety as may be required by (rdinance, to the city, conditioned that they will faithfully perform all the duties of their of- fice, and pay over all sums of money that may come into their hands. He shall be tntitled to receive the same fees for the use of the city, for like services which sheriffs are entitled to receive, and have the same power to collect them. He and policemen deputized by him, and all others , to whom the process of the police court shall be directed and come for executioi, shall be bound to execute and re- turn the same within the time prescribed by law for sheriffs to execute and return sirdar processes, and on their failure• ney and their sureties shall be liable to the same fines and penalties that sheriffs are, and also for not paying over moneys collected on execution, and for making illegal charges for false return; and other. illegal acts; and said court shall have the power to hear and. determine motions against them 2nd their sureties for failure t.) -pay over said moneys so collected, in like manner as the circuit court has power and jurisdiction to hear and determine motions against defaulting sheriffs, or to proceed by fines and impris- onment to enforce the llte execution and return of process as other courts require Sec. 3x69, Attachment on Return of "Not Found" or "No Property." That return of "not found" on a capias Procetvllnnt>f onosecutlone. prt, fine, and of "no .property found" on a fieri facias, is- sued on judgments in thr • said court, shall authorize an at- tachment out .of chancery in .favor of. the Commonwealth or the city against the closes in action and effects of the , defendant or defendant in the same manner that the returtr i 11 a,a�ati r err &":7. a, CHARTER OF SECOND-CLASS CITIES.. 77 of "no property" auth-irizes an attachment on judgments in the circuit court. Sec. 3170. Judge Pro Tem, of Police Court—Mayor. That in the absence of the police judge of the city at anyprotempoltee session of the police court, or if in acy case it may not be JPS prr.per for him to sit, 0mayor of the city may act in his stead, and in the abs`nee of both the police judge and the mayor, or if in'any case it may not be proper for either of them to sit, the members of the bar present may deet one of their number to act as police judge pro tempore, and the mayor or such person so selected, as the case may be, shall have the same judicial authority and exercise the same judicial powers, for the time being, as are possessed and ex- ercised by the police judge under this tet. Such pro tem- pore judge shall be p; id the same salary for the time he acts as a allowed by law to the regular judac, to be deduct- ed from the salary of such regulat Judge. Sec. 3t7t. Office of Solicitor May Be Abolished. By ordinance the general council may provide that the office of M& -T ahotash wlicltur's city solicitor shall be al:oli-hed, and thereupon the duties of office. the city solicitor shall be performed'by the city attorney. SUBDIVISION VII. Elections. Sec, 3172. Officers and Members of the Council—Elec- tion and Terms of Office—Who Qualified Voters—Offices That May be Abolished or Recreated.. All offices created by laws in fore. prior to this act taking effect, not herein expressly a�ovidc i fot, shall be, and they are hereby abol- ished epon the expiration of the terms for which present SECTION 3172.— _—.._., ... 1. Creation of new offices„ Council cannot Lreate offices not mentioned in charter, but m-,ty Zppoint imployes who are not officers—om- ;cr defined. Lowry v. Citv, 24 R., 51G. 2. Pfayor elected in 1893 held otiice for only two years and his suc- cessor elected in 1895 for four years. Duncan v. 'Sinirall, 19 R., 1672. For construction of this section see Lowery,vs. Lexington, 2; Ky. Law ;?,-porter, pg. 516. For term of office sec Gilbert vs. Paducah, 2; Ky. Law Reporter, pg. 1998. . 76 CHARTER OF SECOND-CLASS CITIES. Sec. 3r68. Chief cf Police to Attend Council and Po- , Duttesotohlet lice Court—Bond—Duties—Liabilities. The chief of police otpolice. shrll, by himself or q n y policeman acting under his author- ity, attend all the sessions of council and of the police court, execute the orders thereof, and preserve order thereat. He ahr ll by himself or policeman acting tinder his authority, execute all orders emanating from the police court directed to him. He shall collet the fees of ;hc judge of the police court and of the mayor, if required. He and policemen act- ing under him shall execute such bond, with such surety as may be required by ordinance, to the city, conditioned that they will faithfully perform all the duties of their of - lice, and pay over all sums of money that may come into their hands. He shall be entitled to receive the same fees for the use of the city, for like services which sheriffs are entitled to receive, and have the same power to collect ' them. He and policemen deputized by him, and all others to whom the process of the police rot,rt shall be directed and come for executict, shall be bound to execute and re- turn the same within tine time prescribed by law for sheriffs to execute and return sirdar processes, and an their failure, they and their sureties shall be liable to the same fines and penalties that sheriffs are, and also for not paying over moneys collected on exec» tion, and for making illegal charges for false returns and other illegal acts; and said court shall have the power to hear and determine motions against them end their sureties for failure to pay over said moneys so collected, in like manner as the circuit court has power and jurisdiction to hear and determine motions against defaulting sheriffs, or to proceed by fines and impris- onment to enforce the IILe execution and return of process as other courts require Sec. V69, Attachment on Return of "Not Found" or Proceedings "No Property." That return of "not found" on a capias ono.xecutlons. pr., fine, and of "no .propertyfound" on a fieri facias, is- sucd on judgments in the, said court, shall authorize an at- tachment out of chancery in '.iavor of the Commonwealth or the city against the choses. in' action and effects of the defendant or defendant in the same manner that the return 1 .77 r, I CHARTER OF SECOND-CLASS CITIES.. 77 of "no property" auth)rizes an attachment on judgments in the circuit court. Sec. 3170. Judge Pro Tem. of Police Court—Mayor. That in the absence of the, police judge of the city at anyfrotemnollce 1 s.tssion of the police court, or if in avy case it may not be judge. proper for him to sit, t} mayor of the city may act in his atend, and in the absence of both the police judge and the mayor, or if in any case it may not be proper for either of them to sit, the members of the bar present may elect one of their number to act asolice p judge pro tempore, and the mayor or such person so selected, as the case may be, sl,, -Il have the same judicial authority and exercise the same judicial powers, for the time being, as are possessed and ex- ercised by the police judge under thii tet. Such pro tem- pore judge shall be p: id the same salary for the time he acts as a allowed by law to the regular judee, to be deduct- ed from the salary of such regular Judge. Sec. 3171. Office of Solicitor May Be Abolished, By ordinance the general council may provide that the office of hoar uholteh city solicitor shall be atoli�hed, and thereupon the duties ofolea. 0met'-ur'r S the city solicitor shall be performed "by the city attorney, SUBDIVISION VII. Elections. Sec, 3172, Officers and Members of the Council—Elec- tion and Terms of Office—Who Qualified Voters—Offices That May be Abolished or Recreated.. All offires created by laws in fore, prior to this act taking effect, not herein expressly o•ovide i foi, shall be, and they are hereby abol- i.;hed i-pon the expiration of the terms for which present SECTION 3172.— ~—^ t 1. Creation of new offices., Council cannot ueate offices not m6tioned in charter, but may appoint :mployes who are not officers—om. ccr defined. Lowry v. City, 24 R., Sob. 2. Playor elected in 1893 held oaite for only two years and his suc- cessor elected in 1899 for four years. Duncan V. Simrall, t9 R•, 1672. For construction of this secrion see Lowery,VS. Lexington, 24 Ky. Law Roporter, pg. s16. For term of office see Gilbert vs. Paducah, 24 Ky. Law Reporter, pg. 1998• 78 CHARTER OF SECOND-CLASS CITIES. incumbents may have been respectively elected; but the get eral council shall it.. a power by ordinance, to re-create such of said offices, an., to prescribe the terms and duties thereof, as may be neetled to effect the corporate purpo- ses. At the regular election in one thousand eight hundred and ninety-five, and every four years thereafter, there shall be elected by the qual;5cd voters of the city a mayor, a city clerk, city treasurer, city attorney, city solicitor, if there be such officer, and civil engineer and assessor and city jailer, who shall hold office for a period of four years, and until their successors are elected and qualified; also members of the board of aldermen and members of the bntad of councilmen, who shall hold office as hereinafter provided, and until their successors are elected and quali- Provtding for fled. At the general election in one thousand eight hun- election of dred and ninety-seven, and every four years thereafter there city office". shall be elected a judg, of the poli:.e court. All officers elected under this act shall assume the duties of their sev- erii offices on the first Monday in January succeeding their election. The member; of the general council elected in one thoasand eight hundred and ninety-five shall hold their offices, one-half of them for one year, and one-half of them for two years; as shall be determined by lot at their first meeting after election; and every year thereafter shall be elected for two years, as the term of the incumbent shall exist; and said lot shall be so arranged that not less than one member of said board of councilmen shall be elected from each ward in the city each year. At said election all male inhabitants of the city shall be entitled to vote who are twenty-one pears of age and over; who are at the time citi- zens of the State of Kentucky and bona fide residents of the city for six months previous to said election, and of the precinct in which he offers to vote for sixty days preceding baid election, and shall have registered as a voter under the general law regulating rezistration. All votes _shall be cast by secret ballot it, such :Wanner and form as may be pre- scribed, and all contested elections shall be tried as pro- vided by general law for the election of state officers. 16�4 CHARTER OF SECOND-CLASS CITIES. 79 Sec, 3173. Requisiftes of Candidate for Civil Engineer. No person shall become a candidate for civil engineer who Qualifications of city en - has not been a resident of the city for one year, not less ptnoers, than twenty-five years of age, and until he shall have ob- tained a certificate of his competency from a board of three expert civil engineers, to be selected by the general coun- 'cil. (As to other qualirications see sec. 3144.) SUBDIVISION VIII. Revenue and Taxation. Sec. 3174. Advalorem and poll Tax—Assessment of prop- erty—License Fees. The city assessor shall, in the year one AssmulOnt for ell taxes, thousand nine hundred and two, and every four years thet.af- I' ter, make an assessment of all real property within the corpo- ratlp limits thereof and a od the assessment of the real property for each of the three yell rs subsequent to said quadrennial as- sessment shall be fixed at the same values as finally ap- proved by the board of equalization in said quadrennial as - ' j sessment, and shall annually make an assessment of all rax - able personal property within the corporate limits thereof, and shall correct the valuation of any parcel of real estate on which any new structure of over one hundred dollars in value may have meanwhile been erected or on which any structure of like value shall have been destroyed, and where transfers of real estate have been made he shall make the necessary changes in the names of owners. The general council shall annually, by ordinance, l: vy t.svy toy o1w an ad valorem tar: upon all real and per- sonal property subject to taxation for stale purposes, not exceeding the rate and limit prescribed by the Constitution; and may levy a poll tax ner exceeding ore dollar and fifty cents on each male inhabitant thereof, and may impose fees on stock used for breeding purposes; on franchises, trades, occupations and professions, and provide for the col- lection thereof. (Section as amended by act March 29, 1902. See Con., secs. 157-159, 180, 181 and sec. 2984a, which provided for assessment of franchises by assessors of first ' and second class cities Exemption of manufacturing estab- lishments for five years—sec. 3074.) , I ,, 1 80 CHARTER OF SECOND-CLASS CITIES. Sec. 3=75. Ordinance Shall Specify the Purpose—Lia. ,;ax bility of Officers or Employes. All taxes and license fees shall be levied or imposed by ordinance, and the purpose or purposes for which the same are levied or imposed shall be specified therein, End the revenue therefrom shall be ex- pended for no other purpose than that for which it is col- lected. Ordinances Sev; ing taxes or imposing license fees shall distinctly specify the purpose of several purposes for which the same are levied; failure to do so shall render the or - r-Dutiesot Duties oi 'dinance invalid, and if it shall, the officer or officers,. agents Motion. or employes, who could, by refusal to act have prevented the expenditure, and the members of the general council who voted for the expenditure shall - be jointly and sev- erally responsible and bound to the city for the amount of such expenditure. •And it may be recovered ' of them in an action upon the bonds of those having them, or p-rsonally against any or all of them; and it shall be the duty of the city solicitor to institute and prosecute to recovery such actions; and if he fails to do so for six months after -he shall have knowledge of the same, any person may institute the action, and shall have one-half of the recovery. A recov- ery hereunder shall not militate against the criminal prosecu- tion herein elsewhere provided. , Sec. 3176. Fiscal Ycar –Property Assessed as of Sep - Fiscal year tember Fifteenth—Lien. The fiscal year shall end at twelve established, o'clock at night on the thirty-first of December of each year. All property shall be assesssed as of the fifteenth of September of each year, and there shall exist from that day a -lien on all property subject to taxation to the city for the ad valorem taxes for the fiscal year commencing on the t first day bf January next ensuing, including all penalties and interest that -may be added thereto, or accrued thereon, superior to all other liens, incumbrances and interest. Sec- 3177, Assessor—Election' and Qualification—Dep. Assessor uties—Oath and Bond—Failure to. Assess Property—Penal- aected• ty. An assessor shall be elected by the qualified. voters of ' Fnseuallsca• the city for the term of four years. No person shall be tions. elected assessor whc, at the time of his election, is not thir- - 04ARTER OF SECOND-CLASS CITITZS. t 81 ty years of age, a housekeeper in the city and a vote }'there. In. Deputy assessors may be appointed by the afisessor, with the approval of the general council, but - may Ae re- moved at any time by the assessor. The as , ssor and *his deputies shall qualify by taking the constitutional oathand giving such bond as may, by ordinance, Let required, and shall receive such salary as the general councillby ordinance shall fix. Any assessor or deputy assessor who shall knowingly fail to assesss any property, teal or personal, subject to.as. sessment for city taxation, shall be guilty of a misdemean- or, and on conviction thereof in the citcuit court, shall be fired not less than one hundred dollars, nor more than one thousand dollars, and shall forfeit his place, and shall not be re-elected or teappointed thereto again until after the lapse of five years. Au, assessor who shall fail to assess any lot or parcel of gror,nd in the city shown on the plat books in the auditor's office, subject to taxation by the city, shall, on convictiro thereof before the circuit court, be fined a sten equal to the taxes on said lot or parcel for the year, and one hundred dollars. (See sec. 2984a, which pro- vides for assessment of franchises by assessors of first and second class cities.) Sec. 3178. Assessment of September Fifteenth at Fair Cash Value. As of September fifteenth, one thousand eightgtmeotaev, hundred and ninety-five, and every year thereafter, all the BeseW0111 real estate in the city, shall be assessed at its fair cash val- ue, estimated at a fair voluntary sale. Sec. 3179. Assessor to Give Notice—Oath—Office Hours—Blanks—Failure to GiV* Ust—Penalty—.Other Du_ ties, On or before the first day of September in each year, Yetbod of &a• the asssessor shall give public notice, by advertisement inseyinenen f ie4 the official newspaper of the city and by hand billls postedB1"ser' SECTION 3178.— Time when assessm..nt to be made. Under old charter it was heft that property not liable to assessment and taxation on the first of Januastt for city purposes may still be taxed for that year, by act of the Legislature extending the limits of the city thereafter passedSwift vNewport, p Bush, 37• . , 82 CHARTER OF SECOND-CLASS CITIES. through the cit that a;l Y, persons owning or having in their possession or under their control as agent, guardian, com- mittee, executor, administrator, curator, trustee, receiver, commissioner or otherwise, tangible or intangible personal property on the fifteenth day of September following, are required, on or before the first day of October, to give him a true and complete list of the same, with true cash value thereof, as of the fifteenth day of September, under oath, up - or. forms to be furnished on application by said assessor at his office, and that all merchants in the city, doing business for themselves or others, Shall in like manner, in addition - thereto, state the highest amount in value of all gcods, wares, merchandise, owned or kept on hand for sale.by said mer- chants during the three months next ; receding such fifteenth doh of September. The assessor and his deputies shall be authorized to administer oaths and .affirmations, and may examine on oath any person touching his personal property, ' ar.d the value thereof, and may examine, merchants on oath as to the statements they are required to make. The as- 4 sessor shall keep his office open, and be himself or haze a deputy in attendance during the hours from eight a. m. to six P. m., or such other or additional hours as may by or- dmance be fixed, from the fifteenth dry of September to and including the first day of October, excepting Sundays and legal holidays. The assessor shall constantly keep on hand, and furnish to persons lawfully requiring the same, all necessary blanks and forms for the lists and statements required by this act. Nothing herein shall, however, pre- vent :he assessor from assessing from the best informa- tion he can gather; and ,vhere an assessment has been made against a person who has had actual vot;ce to appear and y li;t• his property or make statements thereof and fails to do so, the same shall not be decreased, but may be increased by board of equalization. If any person refuse to attend when summoned, or to be sworn to answer, or to answer any question propounded to him by the assessor or his dep- uty, the assessor or deputy may, in writing, under oath, state the question, ,the refusal to answer it, and ask the po lice judge to issue a warrant against such person; and if , 5 CHARTER OF CITIES. 83 the question appear to be a proper one, the said judge shall issue a warrant, and the said person shall, on conviction of Waving refused to answer the question, it being found by the court to be a prooer one, be fined ten dollars, and there compelled by process of contempt to answer the question, and such pi oper questions as the assessor may propound to him. The assessor shad assess personal property in a sep- arate book, ,n which he shall separate tangible from intangi- ble,property.The word person as used herein shall mean natural and artificial per -ons, and the duties enjoined on them shall in the case of artificial persons,,be performed by the chief officer or agent in the city at the time. When- ever the assessor shall ascertain that there has in any for- mer yeai or'years, been any property omitted which should t(f have been taxed, he shall assess the same against the person who should have been assessed with if l' • 'f i , vmg, not, against his representatives. (See see. 2984a, which provides for assessment of franchires.) Sec. 3tdo, Asressment Books to Be Returned to Audi- tor. On or before the first of December in each year the assessor shall return to. the auditor his assessment books, C ertified by him to be a 11111, careful and honest assessmentbboo s►AtistmO1eit of all property within the corporate limits of the city, subject to assessment; r.nd he sl -all take the auditor's receipt there- for in duplicate, one of which he shall transmit to each board of the general council at its first regular meeting in Decent her. All said books and ,ai.'. reports shall remain in the audi- tor's office, subject to the inspection of the public, until they shall be transmittted t the board of equalization as herein- after provided. ' Sec, 3tgt. Board of Equalization — Qualifications,—' Compensation—Chairman and : Clerk—General Powers and Duties. .There shall be a hoard of equalization, to consistAppolutment of three citizens, who shall be selected by the mayor, with tboardot„ ti -c consent of the general council. No person shall be se-d„let�hetr lected as a member of said board 'who shall not at the time be a housekeeper and owner of real estate in the city, and shall not have been a r,sident,thereof for five years next preceding his selection Said board shall be paid such com 4 1 0 A 84 CHARTER OF SECOND-CLASS CITIES. pensation as may, by ordnance be fixed, and shall meet at a suitable place to be provided by the city. On the first Mon- day- in January, one thousand nine hundred and three, and every four years thereafter, they shall meet to equalize the ; assessments upon all real and personal property within the corporate limits of the city. They shall first be duly sworn to faithfully discharge their duties, shall elect from among + themselves a chairman and a clerk, and shall then notify the .t auditor that they are ready to receive the assessment books, etc., which the auditor shall deliver to them, taking his re- ceipt therefor. The assessor shall be in constant attendance on said board, and s!iall furnish them all the information that ItI[I[I he. can. They shall have the power to have all city records ' Y brought to them for their inspection by the custodian there-'•1 of. They may also interrogate any city official who shall, w6 their request, attend them and respond to all questions. Trey shall have power to administer oaths, and they shall y have' the power to compel the attendance of witnesses, and ' all persons who shall refuse to attend them, or to be sworn by then or refuse to answer any question, shall be subject to tae same penalties as provided for like refusal to the as- sessor. They shall first compare his real estate book with the plat book in the auditor's office, and see that every parcel of real estate in the city has been assessed, and if they find that any has been omitted, shall certify the same, giving the number of parcels omitted to the city solicitor, who shall enforce the ptnalty provided in section 3x79, against the assessor for so doing, and they shall assess the parcels omitted. They shr.11 hear of all complaints against the assessment made by the assessor, and shall determine f the same. They shall increase or decrease assessments on li like property, to make all assessments as uniform as may be, or to place a true valte on the property assessed; but e no increase shall be made without notice to the person whose property is to be increased, and they may, in the as- sessment of real estate, increase or decrease ,all assess-, ments uniformly by adding or subtracting a percentage of the assessrn.nts, and a notice of such increase shall not be given except by publication in the official paper of the city. ' E r q ` CHARTER OF SECOND-CLASS CITIES, 85 Said board shall remain in session as long as the business may require; but not to exceed four weeks. Three mem- bers shall constitute a qunrum, and a majority of a quo- rum may determine any question before it. No change in any assessment shall be made by erasure, but there shall be appropriate columns for all changes and additions, and the same shall be made in different colored ink to that which the assessor used. When Qaid board shall have completed its labors it shall prepare a statement of the gross assessmenr of real property, and the gross assessment of personal prop- erty, and the gum thereof, and also showing the increase or decrease, if any, in the uutal assessment made by them, and under their signatures„ which they shall return to the audi- tor with all the assessment books, plats, papers, etc., re- ceived from him, raking his receipt for the same, which they shall transmit to the boari of councilmen. And in each of the three years subsequent to such quadrennial equalization, said board shall convene on the first Monday in January for a Period not longer than six days to equalize in the same manner as hereinbefore provided, the assessments of any par- cels of real estate upon which any new serueture of the value of more than one hundred dollars shall have meanwhile been erected or upon which any structure of like value shall have been destroyed, and to equalize the assessments of all per. conal property. (Section as amended by act of March 29, 19os ) Sec, 3182, Auditor to Verify Assessment Books—Pro. ceedtng if Mistake Found. The auditor shall carefully verify Auditortnuet the statement of the baud of equalization, and the assess- ore Ward twaWardrer Wirte ment books returned, and if it be correct, he shall certify e`t°s1tr"3"" the same. If, however, he finds a mistake, he shall cause said equalization board to meet, and together they shall as- certain the correct amount, and the certificate of the board, endorsed by the andito, as correct, shall by him, at the first melting in March in each year, be transmitted to the board of councilmen as a basis on which they shall predicate the annual levy ordinance. See. 3183. When Council to Pass Ordinance Levying and Providing for Collection of Ta:. In the month of March 0 W CHARTER OF SECOND-CLASS CITIES. Of each year the general council shall pars an ordinance levy ing and providing for the collection of an ad valorem tax on the assessed valuation of the property in said city as cNrtified to them, which, with the estimated revenue from other sources, shall be sufficient to meet the anticipated exotnditures for the current year; and said ordinance shall specifically fix the rate of taxation for each item of expeo& ture, .and shall also apportion all orlter estimated revenue to such items of expel ditures as they may determine. Sec. 3x84. When Taxes Due and Payable.—Penalty for xemae°t'°t Non -Payment. Ad valojem taxes shall be due and payable, w;thout demand therefor at the treasurer's office, one-half each on the first of jure and the first of December in each year, but the whole tax for the year may be paid on or af- SECTION 3184.— . x. Action to recover taxes. Legislature m?x authorize city to collect taxes by suit. This remedy does not exclude the summary mode of collec- tion. In action personal judgment bealirg intereFt may be rendereJ against the taxpayer. Greer v. Covington, 83 Ky., 410; 7 R., 419• 2. Action to recover back taxes pzid-- Limitation. Provision in char, ter that all actions to recover from the city money improperly collected as taxes shall be brought within six months while the general law provides a limitation of five years as to actions of that character, is not unconstitu- tional because it confers a special privilege. Covington v. Hoadley, 83 Ky., 444; 7 R., 487. 0bcerve that this case was decided before present constitution. 3 Authority to tax. The fact that in the form of tax list prescribed by the statute a certain kind of property is named is not alone sofficienY to authorize the taxation of such property. Covington Gaslight Co. v. Cov- ington, 92 KY., 312; 13 R•, 577. 4. Exemption from taxation. See notes to constitution, secs. 170-171. 5. Extension of city boundary—Taxation. See Con, secs. 170, 171 and notes thereto. 6. Failure to tax—Estoppel. The failure of a city for many years to tax property can work no estoppel. Covington Gaslight Co, v. Coving- ton. 84 KY. 94; 13 R•, 577• 7. Foreign Corporations. A city un.'er a power conferred by the leg- islature may levy a tax upon corporations of other states doing business in the town. Commonwealth Y. Milton, 14 B. M. 21U. 1 t t N c.. CHARTER OF SECOND-CLASS CITIES. terthe first day, of June. Tax bills not paid within one calendar month after they are due shall have added to them a t:enalty of ten per centum on the amount thereof, and shall bear interest at the rate of six p;r centum per annum: 87 SM 3185. Auditor to Deliver Books to Clerk—Tax Bills Delivery of to Auditor and by Him to Treasurer. As Dattes of 4u. soon as the tax levy ordinance becomes a law ,the auditordttor. shall deliver the assessment books to the city clerk, who shall from them make cut tax bills. Said bills shall show each lot, the assessment thereon, and the tax separately; shall give the name of the supposed owner, and shall give 8. License of insurance agents, Prevision in charter authorizing coon. cil "to license and tax all agents of insurance companies" gives the cpun• cd power to compel each agent to pay a separate tax for each company rep. resented by him. Simrall v, Covington, go Ky,, 444; 12 R., 404, 9. An ordinance which imposes upon agent: of companies not located in the city a tax which is not imposed upon companies located in the cit3K unjustly discriminated. Id. 10, Powers concerning taxation. New constitution did not divest cities of their powers concerning taxation under their then existing charter,% or suspend such powers until the legislaiure enacted charter in accordance with its provisions. Byrne v. city of Covington, 15 R,, 33, ri. Po1ceT to levy taxes in city council. The power to levy taxes and cause taxes to be collected is legislative, and is vested in the city counci4 Wheatly v. Covington, 11 Bush, 18, 12, Proce-dings for collection of taxes. Property of gas company csa riot be seized and sold for taxes when the effect will be to destroy the pub• lie use. In a proper proceeding the company may be required to pay the taxes into court, or a receiver may be appointed. Covington Gaslight Co, v. Covington, 84 Ky., 94; 7 R•, 763• 13. Property subject to taxation, See Con., secs, 170, 171 and notes thereto. T4. Steamboats having city ;for home port. The legal situs of the boat is the city, and the city may impose an ad valorem tax upon it. City rf Newport v. Berry, 14 R., 29. 15• Right to ,•istrain for taxes. Under the eharter of rhe city of Coving- ton the city loses its right to distrain for taxes, unless the tax bills art placed in the hands of the collector once in each year, Kenton Ins. Co. vt Covington, 86 Ky., 213; 9 R., 713; Covington Gaslight Co. v, Covhrgton, 84 l K3'-, 94; 7 R., 763, CHARTER OF SECOND-CLASS CITIES. the net total assessment of personal property against said person and the tax thereon; and shall be so arranged that the items of the rale on the real estate can be detached from the items of tax of the personal property, and that each half year way be detached and have each part intelligible. There shall be a stub to each bill, which shall show in condensed form the items and amounts in the bill, and the bill and stubs shall be .numbered consecutively; the stub to correspond to *the bill to which it is attached. Bills and stubs to be bound in book form. On or before the first day of May in each year the clerk shall deliver the assessment books and tax bills, fully made out, to the auditor, tnd together they shall ascertain whether the stIn of the tax bills equals the amount of tax which, at the rate fixed, the total assessment should realize, and if it does not, they shall find and arrest the er- ror. When ,the two agree, the auditor shall receipt for the assessment books and t:.•x bills. On or before the twentieth day of May in each year the auditor shall deliver all tax bills to the treasurer, and take his receipt for the gross amount of them. Sec. 3:86. Treasurer and Auditor—Duties in Regard 6o uleasunwMum of and the Tax Bills—Divided Bills. On the first Monday in the aaaltm. third calendar month after each half -year's bill is due, the treasurer shall tear the same out of the book and return them to the auditor, taking his receipt therefor; and when he returns the second half year's bills, he shall make a full and complete settlement with the auditor, and when the sarne is approved by the general council, receive his quietus for ad valorem taxis for the year. The treasurer shall al- ways note on the stub of the bill the amount paid on same, when paid, and date thereof, and if returned to the auditor, that fact. When any person shall desire to pay taxes. on any one item of a tax bill, the bill shall be torn out, returned to the auditor, who shall make out as many bills as may be necessary to enable the payment desired ro be made, and to supply the bill returned. Onthe stub of the bill returned shall be marked "divided," with the numbers of the substituted bills, and the substituted bills sihall be made out on blank bills to be left at the end of the tax bill books for thlat purpose. i e c4,A'n,. 0 CHARTER OF SECOND-CLASS "CITIES. 89 Sec. 3187, Delinquent B1Il6—Personalty Bille–.Proceed. Inge Upon Bills—Sale of Bills—Of Property—Redemption. Lien—Jurisdiction. When the treasurer shall return the rax How delln- bills to the auditor, the auditor shall separate the nueoot►res p personality ere rolleeled, bills from rhe reality bids, The former he shall deliv:r to the delinquent tax collector, taking his receipt fcr the same. From A the larter he shall make out a list, giving block and lot num- bers and total tax due, and a notice that the treasurer will, on the first Monday in the next month sell at the courthouse or city building door in the c:ty, at public auction, to the I ighest bidder for cash, each of said tax bills, unless they art in the meantime paid to the treasurer. This list: and notice shall be published for at beast two weeks in the city's offi- eial paper. The auditor will then rd urn the realty bills to �, • the treasurer, who will on said day offer for sale as adver- tised such bills as may remain in his hands unpaid. If no one will offer the face of said bills for them, he shall buy them in for the city. The owner or owners of any lot, the tax bill on which has been so sold, shall have the privilege of redeeming the same within one year of the day of sale by d paying to the treasurer the said bill, with all penalties and interest as herein provided to the day of payment. Purchas- ers at said sale shall not receive the tax bills, but shall re. 'Delve certificates for their purchase, on surrender of which certificate, at any time after the treasurer has been paid the bill named in the certificate, he shall receive from the treas. urer the amount paid, and on surrender at the end of the year shall receive the bill with the ynar's interest at six per centum per annum, and ten per centum of the sum of the bill, penalty and interest all added by the treasurer; and he may at any time thereafter, in appropriate action, enforce the lien on the property for the full amount of the bill, with legal interest from date of delivery to him. The treasurer shall make a full and complete report of said sale to . tete auditor. The city shall in no manner be responsible to pur- chasers for money received by the treasurer on bills pur- chased by them, but the treasurer and his official bond shall be held for the same. Tax bills for the succeed - Ing year against property or persons delinquent for preceed- I 90 CHARTER OF SECOND-CLASS CITIES. i11g years shall be stamped "see delinquent bills." so that at. Mention may be called thereto; and where the city owns the delinquent bills, the treasurer shall credit the money paid first to those bills, except he will not credit money of- fered on a realey bill to a perconalty •bill. When the city ,shall buy in the tax bills the city solicitor shall, by proper proceedings in the name of the city in the circuit court, en- force the lien on the property for the city. Tax bills shall be prima facile evidence of the regularity of the assessments and levy of the tax, and of the addition of penalties there- to. Any purchaser of tax bills may, as soon as any tax, state, county, district or city, on the lot named in the bill becomes delinquent, pay the same, and he may, in his orig- inal or in an amended petition exhibit the same and have judgment including same. The circuit court shall have jur- isdiction of proceedings to enforce lien for all taxes without regard to amount of same. Sec- 3188. Delinquent Tax Collector—Election--Qua]ifi- Dex,collutacbe. cations—Bond•—Powers—Duties. The general council may, rx wnein the month of December, for a Term of two years, in joint Session, elect a delinquent tax collector, who shall have the same qualifications as, the treasurer. His duties, bond and compensation, which may be by fees, shall be or may be fixed by ordinance, or the general council may authorize, by ordinance, the city solicitor to act as delinquent tax collector Upon execution of such bond as may be required. In the col- lection of tax bills placed in his hands for collection, the collector may distrain the goods and chattels owned by, or in the rightful possession of, the person from whom the tax is due, notwithstanding the existence of any lien upon the same, and may proceed to sell, for cash, the title of such persons to so much thereiot' as will pay the tax due and cost Of sale, after first advev6sing the sale as constables are re- quired to do in sales under execution, the cost of said sale, shall be two dollars for the benefit of the tax collector. He shall have the power to sue out, in any justice's court in the county-, an attachment on said tax `bills, and the proceedings shall be the same as attadiment praceedings for the collec- 1 V CHARTER OF SECOND-CLASS CITIES. Cion of state taxes, He sball make dlaily reports to the aud- itor of collections, giving to him a duplicate receipt from the treasury for the colleetiorxs, and he -shall make a settle- ment with the auditor, whenever demanded. Sec. 3189, Council May. Modify or Change Manner of Assessment and Collection. The general oottucil may; at any Powers c time, by ordinance, modify, alter or change the manner of taxaiiwi assessment of property for taxation, and the levy and cal - lection of taxes as herein provided, and may prescribe, by ordinance, in what manner and form. property shall be as- sessed for taxation and taxes levied and collected thereon. No such ordinance, however, shall be valid unless two- thirds of the members -elect to each board shall, on a call of the yeas and nays entered of record, vote therefor. That, whenever a city of the third class is transferred to a city of the second class, and an assessment of property has been :,lade by said third class city for municipal taxation, and made in anticipation of -staid tmnsfeT to cities of the second class, the same shall be valid and, binding, as 'if it had been made under the provisions of this act. (Section as amended by act of \larch •ig, rgoz), SUBDIVISION IX. Sinking Fund. See. 3190. Con ntissioners—Who to Be—Dutied.. The mayor and president of the board of aldermen, and president Bllt3tnt�und of the board of councilmen shall constiture the commission-� lsson• ers of the sinking fund. It shall be their duty to see that at all times the proper amount of money to pay the princi- pal and interest of the bonded indebtedness of the city,as y such may mature, is provided in due time, and preserved f exclusively for the payment of said liabilities. Sec. 3191, Annual Tax for Sinking Fund Purposes. it shall be fhc duty of the general council to levy 1.annually a Yxttcr�ytnY- tax fru• sinking .fund purposes upon all property returned by the •board of equalization as subject to taxation for munici- pal purposes, sufficient in amount to pay iltterest on the i CHARTER OF SECOND -GLASS CITIES. bonded indebtedness of the -city, and Whicb by accumulation, shall be sufficient to pay the principal of such indebtednesr,4 as it may mature. Sec. 3192., Money and Bonds to be Kept Separate --How How elnklne paid Out. All money, bonds and securities belonging to the fund kept. sinking fund shall be kept in a aeparrate account, and such money, bonds and securities shall only be paid out or dis- posed of by the order of the comrmissi'Dners of the sinking fund, and in case of money upon a warrant signed by the city clerk, countersigned by the auditor and approved by the mayor. Sec. 3193. Commissioners to Report to Council and Re- Revorte mast quire Auditor to Report. Said commissioners shall make Me made. monthly reports to the general council, showing the exact condition of the sinking fund and its requirements, and shall gee that the auditor, before the beginning of each fiscal year, carefully and fully reports to the general council all bonds and interests which will miature and be payable during such fiscal year, and shatl further see that the auditor reports to the general council, at each monthly meeting, any and all debts of the city which will mature and become payable during the ensuing month. Sec. 3194. Redemption or Purchase of Bonds of City. Ikun7amustbe Said cOnImiasioners are required, whenever there s'hall be ord.wmed. an accumulation of money in the sinking fund over and above the amount required for promptly meeting the inter- est on the bonded indebtedness of the oityy to redeem or purchase the bonds of the city at a price not exceeding the market value thereof, and such redeemed dr purchased bonds shall be reported to the general council and canceled and a , correct record of same, with date of cancellation, preserved in the office of the auditor. Sec. 3195.. Cancellation of Redeemed Bonds. Whenever ttedeetued any city bonds or coupons shall have been paid by said bm in can- eei«t. commissioners of the sinking fund, they shall cause the aud- itor to report the same, to the general council, who shall thereupon eanvel the same, and the auditor shall keep a cor• rect record thereof, together with the date of cancellation, i CHARTER OF SECOND-CLASS CITIES. r SUBDIVISION X. General Provisions. Sec. 3196. Existing Ordinances and Resolutions.; All or- ordinaaem dinances, regulations and resolutions in force at thn time uo► raperta . this act takes effect, and not inconsistent with the provi- sions thereof, shall remain and be in force until a.tered, utuu- . ified or repealed by the general council. Sec. 3197.. Repeal.of Prior Laws Not. to Affect Accrued Rights or Liabilities. The repeal of any law by the prov: Itupeatcan S: of this act shall not in any wise be so construed as to n%t d�eiuh:.. effect any right or liability acquired or accrued thereunder, by or on the part of the city, or any person or body corps - rate; and this act shall not in any manner affect any right, lien or liability accruedy establishing or subsisting under and by virtue of previous charters 'or amendments thereto or or- dinances passed thereunder;but such right, lien or liability shall be enforced and such action or proceeding steal: be car- ried on in all respects as if this act had not taken effect; nor Miall this act be in any wise so construed as to atl'eet the right or liability acquired or accrued under prev ou, charters or amendments thereto or ordinances passed there - tinder, on the part of the city or any person or body carpo - rate Sec. 3198. Rights of Action—Fine% Pena.t:es and For- feitures Not Affected. All rights of action, fines, penalties tttahtoruc- and forfeitures accrued to the city before this act goes into strected. effect remain unaffected thereby, and may be prosecuted, recovered and received as fully, in very respect, as if this act had not taken effect. Sec. 3199. Ordinances Regarding Streets, etc., Repecl:d or Continued in Force. All ordinances for the opening of Ntreutordt- any street or alley on wivich proceedings or work have not 1 uied.con- commenced are hereby repealed; but all such ord:nances up- on which proceedings and work have actual'y rommenrn.l shall he conducted under the law in force when it was c menced. t ti a' 93 r SUBDIVISION X. General Provisions. Sec. 3196. Existing Ordinances and Resolutions.; All or- ordinaaem dinances, regulations and resolutions in force at thn time uo► raperta . this act takes effect, and not inconsistent with the provi- sions thereof, shall remain and be in force until a.tered, utuu- . ified or repealed by the general council. Sec. 3197.. Repeal.of Prior Laws Not. to Affect Accrued Rights or Liabilities. The repeal of any law by the prov: Itupeatcan S: of this act shall not in any wise be so construed as to n%t d�eiuh:.. effect any right or liability acquired or accrued thereunder, by or on the part of the city, or any person or body corps - rate; and this act shall not in any manner affect any right, lien or liability accruedy establishing or subsisting under and by virtue of previous charters 'or amendments thereto or or- dinances passed thereunder;but such right, lien or liability shall be enforced and such action or proceeding steal: be car- ried on in all respects as if this act had not taken effect; nor Miall this act be in any wise so construed as to atl'eet the right or liability acquired or accrued under prev ou, charters or amendments thereto or ordinances passed there - tinder, on the part of the city or any person or body carpo - rate Sec. 3198. Rights of Action—Fine% Pena.t:es and For- feitures Not Affected. All rights of action, fines, penalties tttahtoruc- and forfeitures accrued to the city before this act goes into strected. effect remain unaffected thereby, and may be prosecuted, recovered and received as fully, in very respect, as if this act had not taken effect. Sec. 3199. Ordinances Regarding Streets, etc., Repecl:d or Continued in Force. All ordinances for the opening of Ntreutordt- any street or alley on wivich proceedings or work have not 1 uied.con- commenced are hereby repealed; but all such ord:nances up- on which proceedings and work have actual'y rommenrn.l shall he conducted under the law in force when it was c menced. t ti a' r 94 CHARTER OF SECOND-CLASS CITIES. Sec. 3203. Absence .of Officer From City=Temporary Appointment. In case any elective or appointive officer of ruc Temporary the city shall be necessarily absent from the city or unabir filrneancice h' Mayor. by Myor. from sickness or other cause to discharge the duties of his a office, the mayor shall fill such office temporarily by appoint- ment, and said appointee shall hold and discharge the duties of the officer who;c plate may be thus temporarily filled, ur- til such officer shall return or become fit for and enter o -i duty. Officers thus temporarily appointed shall qua!ify and give bond, if so required 'by ordinance. Sec. 3204. Mayor.Pro Tempore. In the event of the absence or disability of. the mayor, the president of the board SECTION 3204— Mere, tdrrporary absence of the mayor from the city dnes not justify prr,i)Lfnt of t•,e board of aldermen in appointing officers to be appointed by the mayor.—Watkins vs. Mooney,24'Ky. Law Reporter; pg. 1469. es pt 1 gt b, - er in of if of �c Sec. 3200. Officers to be Appointed by the Mayor.. All Dolntsomcets. members of municipal board% and all officers authorized by this act to be appointed by the mayor, may be appointed as soon as this act takes effect, and their terms of office shall begin from date of their appointment. Sec. 3201. Officers—How Removed. Executive, jud'c:al Amayldermen and ministerial officers of the city, unless otherwise herein officers. provided, siha!1 be removable by the board of aldermen, sit- ting as a court under oath or affirmation upon charges pre- ferred by the mayor- or any two members of the board of councilanetn; and in case of the mayor, upon charges pre- ferred by the board of councilmen; no person so tried shall be removed from'office without the concurrence of two- thirds of the aldermen -elect; and when a person has been removed from office 'he shall be ineligible thereto during the time for which he was elected. Sec. 3202. Conservators of the Peace. The mayor, each Vew:eo Deane officers. member of the eneral council; chief of police, and all police 8 officers shall be conservators of the peace; and shall have and exercise such powers as conservators of the peace a4 may be prescriW by ordinance or general law. Sec. 3203. Absence .of Officer From City=Temporary Appointment. In case any elective or appointive officer of ruc Temporary the city shall be necessarily absent from the city or unabir filrneancice h' Mayor. by Myor. from sickness or other cause to discharge the duties of his a office, the mayor shall fill such office temporarily by appoint- ment, and said appointee shall hold and discharge the duties of the officer who;c plate may be thus temporarily filled, ur- til such officer shall return or become fit for and enter o -i duty. Officers thus temporarily appointed shall qua!ify and give bond, if so required 'by ordinance. Sec. 3204. Mayor.Pro Tempore. In the event of the absence or disability of. the mayor, the president of the board SECTION 3204— Mere, tdrrporary absence of the mayor from the city dnes not justify prr,i)Lfnt of t•,e board of aldermen in appointing officers to be appointed by the mayor.—Watkins vs. Mooney,24'Ky. Law Reporter; pg. 1469. es pt 1 gt b, - er in of if of �c CHARTER OF SECOND-CLASS CITIES. 95 of aldermen shall act as mayor, and in the event of the Who may be absence or disabilit of both the ma Dro tem0oro Y mayor and president of the Mayor. board of aldermen, the president of the board of council- men shall act as mayor. Sec. 3205. Eligibility to Office. No person shall be elect- 4uallecatio0, ed by the people to any office in the city who is not an elect-ot omcoru. or of the city, and who has not beery an actual resident of the city for one year immediately preceding his election; and they shall reside within the city limits during their continuance in office, and if any of tl,em shall cease to reside within the said linins, hi's office shall he thereby vacated. Sec. 3206. Officer Interested in Contracts With City— penalty—Dismissal. If any city officer shall be directly oromcersean- indirectly interested in any contract with the city, or in any'W11t c ,'te% work done by the city, or in furnishing supplies for the city or any of its instinttions or in the sale of any property to or for the city, 'he shall be guilty of a misdemeanor, and any appointed officer becoming so interested shall be i -m - mediately dismissed from office by the mayor; and upon Ponalty. tl:e mayor becoming satisfied .that an elective officer is so interested, and reports -the fact to the board of aldermen, the board of aldermen shall, as soon as practicable, convene to hear and determine the same, and if, by a two-thirds vote of the members -elect of the said board, he be found.so inter- ested, he shall be immediately dismissed from such office. Sec. 3207. Bribery—punishment For. If any person shall pay, give, deliver, promise or offer to any member of the DrlberY of general council, or any other officer of the city, or any +nem- arbllcomeeo Ler of any of the municipal boards, any money, property or oth- er thin- of value whatever for the purpose of inducing such member or officer to do, or to abstains from doing, 'any act or thing in the line of or connected with his official duty, or if any member of the general council, or any other officer of the city, or member of any of the municipal boards, shall directly or indirectly, solicit, receive, or accept any bribe, compensation, fee or reward for doing, or abstaining from doing any act or toting connected wit4t his duty as such offi- i j i ,I i 96 CIIARTER OF SECOND-CLASS CITIES. } r i cer, member of the general council or member of a municipal boars, or stall be in sny way or to any extent directly or in- directly, interested in any contract with the city or any of its departments, or shall, in any way, by himself, or another for his benefit, directly or indirectly, solicitor receive any share, profit, compensation or reward for or growing out of any contract with the city or any of its departments, or for or on account of any article, thing, labor or service furnished or sold to the city or any of its departments, he shall. upon J conviction, under indictment, be confined in the peniten- tiary not less than one and not more than five years; and � i upon such conviction the office of any such member or offi- cer, shall be ipso facto vacant. Sec. 3208. Provisions for Putting This Act Into Effect— IInw Ihlt sett Appointment of Officers by Mayor. For the purpose of pdt- ' to nut la ting into effect this act as speedily as possible, the mayor of S, erect. .the city is hereby authorized to fill by appointment - intment all of- fices l:erebv csenblishet! and which have not heretofore ex- isted in a city of the second class until such officers can be elected as herein 'provided; and the officers so ` appointed shall be clothed with the ' power and required to perform the duties of their respective office, as t is in this act provided, until their successors shall be elected and qua;.ified. In any. city of the second class, where The dut:es herein provided for the auditor have been performed by an officer known as auditor and assessor, and wherein f such officer was elected at the regular election in one thou- sand eight hundred and ninety-three, such officer shall no longer perform the duties of auditor, but he shall 'continue until the regular election in one thousand eight hundred and ninety-five, and perform the duties herein prescribed, with the assistance of such deputies as may, be selected by the general council as assessor. See. 3209. Public Works and Improvements Heretofore Ordered. When, under the laws heretofore enacted, the `( question of constructing or doing any public work or im• provement has been su'b'mitted to popular vote in any city of the second class, and the decision upon such submission was in col Wil me atti by lain me An tar Put for f :•i s X the poil the dial of a Free cum of s eacl faith laith boat and estal said SEC] �f Oil t n:•_i a< CHARTER OF SECOND`CLASS CITIES. 97 in the affirmative, then any taxpayer may, by mandamus, TsxDAyer' compel the authorities and officers of such cit to mai 1ivers. �- y proceed w ottl%erd. with the construction and doing of said work or improve- ment; and may so compel the doing of all acts, proceedings and things that may be necessary or proper and permitted by any law heretofore enacted which is applicable or by this law, in order to construct, do and complete said work or improvement, and also to provide funds therefor, in such manner and by such means as may �.)e authorized by law. And such public work o improvement shall be done and con- structed, the p;tssage of this act, or anything herein con- tained, to the contrary notwithstanding. Sec. 3210. Public Library—Control of—Free to the Public—Appropriation For. That as soon as a sufficient fund for that purpose shall be accumulated under the provisions of this act, augmented by private contributions or other- %rise, there shall be established and maintained a free Orwal"a R°n pub- rmul mKu1aU��n or 1'c library, which shall be under the direction and control of pulalo nlmat7. the board of trustees, consisting of five members to be ap- pointed by the mayor for a term of four years, to be sityled the "Board of Trustees of the Public Library." Said board shall have the custody, control, management and expenditure - of all funds that pray 'heretofore have been accumulated for free public library purposes, or that may be herea-fter ac- cumulated for, or devoted to said purposes. The members of said board shall serve without compensation, they shall each give a bond in the sum of five thousand dollars for the faithful performance of their duties, and shall take an oath to taithiul!y perform their duties, before the mayor. Said board shall have the power necessary to establish, maintain and conduct said free public 'library, and said board shall establish rules and regulations for the proper conduct of said library. Said library shall be open and free to the pub - SECTION 3210.— . Public Library. So much of this section as provides that a portion ei the funds collected, for school purposes shall be devoted to the library N enconstitutional. Board of Education v. Trustees, zq R., 98. IA i 98 CHARTER OF SECOND-CLASS CITIES. lic, under such rules and regularVon; as aforesaid during 1 reasonable and proper hours, and until at least nine o'clock at night, but said library may be closed on Sunday if deemed proper. When there is already established in the city a pub- lic library, the board of trustees of the public library may enter. into an agreement with the persons, association or cor- poration owning or controlling such library Whereby such .li-- brary may be transferred or leased to said board for a term of years or in perpetuity or united with that established by the city under the provisions o -f this act. Said library shall be strictly non-sectarian and so conducted. In aid of the establishment and maintenance of such library, there is here- by appropriated and the general council shall annually direct to be paid over to said library three per centum of the net amount of taxes levied annually in the city for school pur- poses, and one-half of the net amount of all fines and costs ccllected in the police court. (Section as amended by act of March 15, 1898). Sec. 321oa. Free Vbrary—When Council Required to Make Annual Appropriation For. Whenever in any city of the second class under '.yaws heretofore enacted, there has heretofore been, or shall hereafter be, accumu'ated money to the amount of twenty thousand dollars ($20,000), for the purpose of establishing and maintaining a free public library, then it shall be, and is made the duty of every such city and Hailes of city the common council thereof, to appropriate annually for eAnin,1I as to nW,ue library. the support of such free public library, such sums of money .. as may be necessary, with funds otherwise therefor pro- vided rovided by law, to make the total annual sum applied to such purpose by every such city not less than Mie sum of five thousand dollars ($5,000). Any citizen or taxpayer of such , city, or any contributor to the fund for establishing or maim taining such free library, or his legal representatives may by action enforce performance of this act. The fact having been made known to the general assembly, it is hereby declared' that in the city of Covington more than the sum of twenty thousand dollars ($20,000) has under laws berefofore enacted ' been accumulated for the establishing and maintaining of a 1 c CHARTER OF SECOND-CLASS CITIES Tree public library: Providtdy That nothing herein shall be construed as requiring any appropriation to be made by any city in which there is now established a free public library supported and maintained in whose or in part by such city. (This section is an act of March 17, 1900)• Sec. 321ob, Free Library—Trustees of—Appointment— Number — Bond—Oath—Duties—Tax .For --Other, Funds, That as soon as a sufficient fund for that purpose shall be accumulated, under the provisions of this act, augmented by private contributions or otherwise, in any city of the second or third class, there shall be established and maintained in such city a free public library, and in cities of the second or third class wherein, under any act, of the general assembly, a free library has been established, the same sha'1 continue as herein provided; said free public library shall be under the direction and control of a board of trustees consisting0'ruetereot of seven members, to be styled the "Board of Trustees -of wnd ibeir the Public Library," and Which said -board of trustees of dutlen. the public library shall continue, and they are hereby de- clared a body politic and corporate, under said name and style, with perpetual succession, and by that name may contract and be contracted with, sue and be sued, have and use a corporate seal, the same to alter and renew at peas - tire, or may act without a seal; may purchase, receive, lease, hold, sell and dispose of real and personal estate for public library purposes., Said board shall have the cus- tody, ^ontrol and mam-ement and expenditure of all funds that may heretofore have been asccumulated for free pub- lic library purposes, orthat may hereafter be accumulated for or be devoted to said purposes. The mayor of the city and presiding judge ofthe county court of the county in which the city maybe located, in case the county contrib- utes annually to the maintenance of the -public, library, shall he ex -officio members of said board, and the remaining five members thereof shall be appointed by the mayor, one for one year, one for two years, one for three .years, two for four years, and their successors, as said terms. shall respect- ively exfire, to be appointed for four years, and shall be so ,elected and appointed as never to have more than four .z - 100 CHARTER Or SECOND-CLASS CITIES. members thereof of the same . political party, and that two members of said board shall be women and five .mem- bers thereof shall be n,en. The members 'of said board so appointed by the mayor shall be citizens and housekeepers of the city and not less than thirty years of age, shall serve without compensation, shall each give a bond in the sum of ;Fve thousand dollars for the faithful performance of their duties, and shall take an oath before the mayor to faithfully perform their duties. Said board shall have no power to charge any of the real or personal property of said corpora- tion with any debt or liability, and slhall at no time expend. in the operation or maintenance of said library, or for any other purpose, any money in excess of that annually appro- priated by the provisions of this act, and should said board at- tempt to impose any debt or liability upon the property of said free public library, or make any contract for amounts of money in excess of that annually appropriated by the provisions of this act, all such contracts or liabilities shall be void as against the free public library, and such memoirs of -,the -board as may vote for such debts, liabilities or expend- itures of money shall be personally liable for the same. Said Joard shall have the power necessary to establish, and when established, to maintain and conduct said free public 'library and may adopt frohn time to time rules and regulations -for .How 11brarst the proper conduct of said library. Said library shall be maintained. open and free to the public, under such rules, and regulations as the board of trustees may prescribe, during reasonable and proper fioure, and said library may be closed on Sun- day, if deemed proper (by said board. When there is already - established in rhe city a public or private library the board of trustees of the public library may enter into an agreement with the association or corporation, owning or controlling such li- brary, whereby such library, including books, real and per- .soual property, may be transferred or leased to said board of trustees of the publi^ library, for a. term of years, or in perpetuity, or united with that established by the city under the provisions of this or any former act. Said library shall be strictly non-sectarian and non-partisan, and always so conducted. And the legislative body of the city shall, by a ,i e r ' CHARTER OB SECOND-CLASS CITIES. proper ordinance, provide penalties and the method of impo;- ing the same, for the preservation of books, the proper- ty of said free public library, and the prevention of tresspass upon the grounds thereof, and for the proper con- duct of patrons of said library; and all fines and costs collected for the violation of such ordinance or ordinances shall, when collected, be paid over to the board of trustees .of t.aid library.. In aid of the establishment and the main- tenance of such. library, there is hereby appropriated, and the genral council shall annually direct to be paid over, as the same may be collected, to the board of trustees of the Public library, three per centum of the net,amonnt of taxes levied annually in the city for common school purposes, and one-half of the net amount of all fines and costs collect- ed in the police court; e,d to further aid in the establish- ment and maintenance of such publi: library, the g -neral council of the city and the fiscal court of the county, either or both, jointly or separately, are hereby authorized and em- powered to accept, by ordinance, resolution, order or con- ract (and, if necessary, unite with the board of trustees of the public library), any donation that may have been offered, or may hereafter . be offered by Andrew Carnegie.- or any other person, association or, corporation, and comply with the conditions upon which said donations may be offered and a.wepted, and make the termsof said contract perpetuall binding upon said city and count y y; and said general coun- cil of the city and fisca! court of the county_.shall aa4mually levy such ,pecial tax as may be necessary to comply witl; , said conditions .ir tern of contract, and to provide the swu., of money agreed ther:in to be paid annually and perpetually . for the maintenance of said public library, and sha;t cause the same to be colixted as and when other taxes are cnl- lected and Paid over prnmptly to the hoard of trusted raf the lndslic library. (This 9.ction is All act of March at, Irro2,'4 See, 3211, Auditor May Be Required to Examine Police : +r,i� Court and justices' req uds. Whenever ordered so to do by the mayor, the auditor shall examine the records and t/nthmwf - pro auJlwr. reedir.gs of the police court, and of courts of fustic: ni the peace in the city, and ascertain and report to the mayor all 102 CHARTER OF SECOND-CLASS CITIES. costs, fees, fines, moneys due 'upon judgments or replevin bonds, or other money; that may be due to the city, an -1 the mayor shall see that such steps are taken and proceedings had as may be neccssa;y to hake'collected and paid into the treasury all such costs, fee's, fines, moneys due upon' iudg. ments or replevin bond:,' or other moneys that may be mitre to the city, or that may (rave been collected by any nl:icer or person and not paid into the tieaeuty, SUBDIVISION XI. Public Schools. .Sec. 32f2. Systema of Schools—Who May Attend— Establish- Board of Education—Powers and Duties. ' There shall b: mentof public schools, maintained a system of public schools at which all children who are bowl fide residents of the city Between the age, of six and twenty years, may be taught at the public expense, •and,schools maty be Opened as a part of said system to teach children of the ages of four, five' and six years, by the kin- dergarten 'method. Said schools shall be under the control Ttustem of a board, to be sty,kd' the board of education, consi.;ting of two trustees from each ward in the city, to be elected, however, by tht! qualified voters at large of the city. Said ,board of education shall continue and they are hereby de- ,clared, a body poliric and corporate under the name and style ,of 'Board of Education," 'with perpetual ' succession; and by that, name may contract and b_ contracted with, siva and be sued, have and use a corporate seal, the same to alter or SECTION 3212.— . 1. Linit of taxation. Board of Education has no authority to become irdebted in any year exceeding the income for that year without subm'ittng the question to'voters•.', Brown v. Board. of Education, 22 R., 483• 2.Power of board to enact by-laws.; L Hr;;ker v, McLaughlin, xo6 Ky. So9; 20 I2.. 1983. 3. School funds cannot beapplied to ,maintein a public library. Board of Education, v,. Board of Trustees, 24 It, 98. 4. TLx mandamus by Board of Education against council to compel ievy of tax for school purposes. City v. Board of Fducatfon, 23 R, 1663; and see Board of Education v. Nelson, 22 It., 680; Board of Education v. General Council, lo3 Ky., 634; 20 R., 289. CHARTER OF SECOND-CLASS CITIES, 103 renew at pleasure; may purchase, receive, hold, lease and dispose of real and personal estate for public school pur- poses. The control and management of the public tchool.i of the city, and the,property and funds thereunto belonging, shall be, and is hereby jested in said board, subject to the provisions of this act. They shall have power to niake by- Powers and laws and rules. "or in conflict herewith, necessary for the tdusteesoer discharge. of their. duties And the government of their pro- ceedings. They shzll meet once .in each month, or o4ener, if necessary, but it shall require a majority of th!' members - elect of said board to constitute a quorum for the transac- tion of business and for the, appropriation of money or the execution of a contract; th.e concurrence of a majority of the members -elect ,of Paid .board , shall be indispensable, " and npon a call for the yeas and nays, to be entered of rec Ford. The . meetings ,of.said: boardshall be held in sonic " public place, and a i correct record of their proceedings shall be ' kept in a book ,provided, forthat purpose., which :hall he a public record, and.ppen to inspection by any of- ficer or citizen of the city, 0 Sac, 3213. Board of Education—Qualification and Election of Members—Vacancies. Said board of educa- *ion shall determine for itself the qualification and election of its members. They shall have the power ,to fill, until Election of the next general elect ion; all vacancies in.said board occa- trustees, sioned by death, removal or otherwise, and all returns of election shall be made -to the clerk of said board, who, by direction of the board, shall issue certificates of election. Sec. _014,. Property and Funds Dedicated :to School Purposes—Exempt from Taxation' All the property nowcontrolover used for public school purposes in the city, or which may, school at any time be owned by the board of education, and all the funds or means that rn .y, at any time, come under the con- trol of same, are hereby forever dedicated to the purpose of jnl lie schools of the city, and the title to all property, real and personal, and, the property itself, in the city, known and used as public school property, are hereby vested in said cor- 104 CHARTER OF SECOND-CLASS CITIES. poration, and the same shall forever remain free from any debt or liability of the c ;y, and free from any city or state taxation. Sec. 3215. Superintendent, Principals and Teachers—Sal- aries—Purchase or Rent of Buildings. Said board shall have Trustees may power to elect and appoint such superintendent, principals appol0t all teschers. and teachers as they m,y deem necessary for the public school; regulate and fix, their salaries, and may, at any time, suspend . or remove them, or any of then, by a vote of two- hulld school MR rentor thirds of the members -elect of the board. Said board may buildings. purchase, build or tent any ground, buiHing or buildings i:ece;sary or convenient for public school purposes, and may make contracts to that end; and any proprrty so leased, pur- chased or otherwise occupied, may be reserved, by terms, deed, or lease to the pttiiiic schools of the city, and if so re- .ierved, shall not be liable for any debt or debts of the .city not incurred for public •chool purposes. Said board may ai- so receip' and hold to public school putposes any gift or de- vise. Sec. 3216. Branches Taught—Districts—Children from Other Districts—Grade of Schools. Said board shall pre - Further sc ib_ the branches of education [o be taught, the necessary ttx)ard of qua lificatir ns, the mode of examination, the number of teach- ers to ba annually adm;,ted to each school. .They shall fix the boundaries of the districts within which children shall bg admiited to each school- but the majority of said board may permit cl•.ildren_ residing in one .district to attend school in another. They may establish high schccis and fie a grade of Public schools, and pre,cribe the rules by which pupils may pass from one grad, to another, and from the graded to the h,gh school. Sec. 3217. All Children Have Equal Rights of Admis- sion—School 'to Be Non -Sectarian. All children entitled Schools shall have equal rights of admission to and benefits of said should be school non,sectsrlan. , wherein no catechism or other form of religious be- lief, shall be taught or inculcated; nor shall any class book be used therein which reflects upon any religious denomina- ' CHARTER OF SECOND-CLASS CITIES. 105 tion or sect; neither shdfl any of said schools be so conduct- ed a: to interfere with the religious faith or creed of either parents or pupils. Se:, 3218. Statement to Be Published at the End of Each Scholastic Year. Said board shall, at the tnd of each scho- Itoara rust publish !astir year, prepare. and cause to be published a printed stat- statements. ment showing the numl.er of admissions in, expulsions from,, and present. number of pupils. in each school, with the gener- al condition and educational progress made therein; the amount, character and condition of all funds and, other. property. belonging to said schools, togeth-r with such other information as .may be proper and necessary for the benefit of said schools and the general public. Sec. 321g. Board t) Annually Report Approximate Ex. penses for Ensuing Year—Levy and Collection of Taxes _ulay Borrow Money --Issue Bonds—Pledge Property= Sinking Fund. Said boat d shall annually in the month of How school January, approximately ascertain the amount of money nec- obtained. ' essary to be used to defray the expenses of maintaining the schools,, improving or constructing of buildings, et cetera, thereof, and any liquidations of the liabilities daring the cur- rent fiscal year, and rc;.ort the same, together with the amount to be received f rom the common school fund of the State of Kentucky (which amount the board shall ascertain by taking the census required by law in April), to the auditor, and thereupon the general council shall, at the request of said board, levy and collect such taxes as may be requested, and the money arising from said levy shall, under the direction SECTION 3219.— School tax. Board of Education cannot compel City Council by man- damus to fix any given rate of taxation or to increase the rate already fixed by it unless it is made manifest that the council has failed and refused to fix the necessary rate. Board of Education v. General Council, 20 R, 289; io3 Ky., 634. See Board of Edu:ation v. Nelson, 22 R., 68o; City v. Board of Education, 23 R., x663. School taxes cannot be used for library purpose. This section is DR, constitutional so far as it attempts to direct such use.—School board rt Cov'ngton vs. Trustees of Public Library, 24 Ky. Law Reporter, pg. 98. 106 ' CHARTER OF SECOND-CLASS CITIES. and control of'said board-, be used for the benefit of the coni - mon schools, and for the purpose of paying off the indebted- ness of said board Provided, that said levy shall not, in any one year, exceed -thirty-five cants• on each one hundred dol- lars valuation, and ten cents on each one hundred dollars' 3 valuation- additional for sinking fund purposes, as returned by the board of equalizaton on all taxable property in the city. And provided, further, that,this act shall not be so con- strued, as to prevent said board from receiving and expend- ing. any' sum or sums that, may come'to them by gift; devise or any law of the State. The tax bill'fnr ill.taxes levied by ? the general council for the public schools, shall be made out by the city clerk and mclnded in the tax bills containing the ,, .' ordinary leyy,.and shall be collected with the same, .by the same officer and in the Fame manner that the ordinary lev- ies are collected by the collecting office; and'the powers and duties rahferred and rectuired of officers in collecting the ordinary city taxes are hercby.conferred and required of thein -in tollecting th.: t:1xes levied, for said public schools, , and sucfi collecting officer and his sureties shall be liable un - 'der fiis official bond for . ny failure to perform his duties, up- on whirh bond suit may be brought for the use of said boardand recovery had for such amount as shall be found -due thereon., All such sums of money, when. collected and paid into the city treasury, shall be set apart to, and passed ' over to, the common scheal fund, subject to, and drawn out bnly by the order of said board, as provided by law and or- dinances of said board then existing. Said board of educa- hoardmay barrow tion shall have the power to borrow money on the credit of mosey. the board in anticipation .of the revenue from school taxes for the fiscal half year un which the same is borrowed, and pledge said school taxes for the payment of the principal and z interest of said loan: Provided, that the interest paid shall y in nu case exceed six per centum per annum, and the princi- pal shall in no case exceed fifty per cent of the anticipated ieveuue. Said board of education shall have power to issue may issue bade. - school bonds to run for not exceeding forty years for an . amount not exceeding cne hundred thousand dollars suffi- cient to purchase sitee and erect and equip schoolhouses: I I CHARTER OF. SECOND-CLASS CITIES. 107 Provided, that said bonds do not' bear exceeding'six per cent per annum interest, payable semi-annually, and shall not be sold for less than par and accrued i0erest, and the,.pro- ceeds of said bonds shall -be used exclusively for the .pur- pose; named in this act and shall not be in violation of the Constitution of this'Commonwealth , And provided, that said bonds shall not be issued without the assent of two-thirds of of the voters of said city voting at an election to be held tar that purpose. And provided that wherever the assent of two- thirds of the voters of said city . has, heretofore been obtained at an election held for .that purpose in conformity with the provisions *of thin. act, said - as - sen, is hereby declared to be. as binding and legal and shall have the same force and effect as, if obtained since the pass- age of this act And -provided, any indebtedness contracted in inola:tion of this section shall be void And provided fur- ther, that it shall be the Inty, of the county, officers entrusted with the duty of conductitig. elections to. bold said ele'ction when requested so to do by said board of education, and the holding of said election shall be, after fifteeA day's' notice. .,.i.n.,. the official paper of the- city, and 'the conduct and returns of'said'efection -shall be made --as pro- vided in the general election law. And provided, thb board may. pledge the property Ao purchased an I equipped with the proceeds of said bonds, and all other school property and the. -revenues of said board, for the payment of the principal and interest of said., indebtedness. And provided, that.said board. of education shall annually request the gencral council of said city to provide for the collection of a sinking fund tax• suffi- cienr to pay the interest on said indebtedness at the' time of contracting the same, and to create a sinking fund for the payment of the principal •thcreof within the term, or which Said bonds are issued, and said general council shall alsq levy and collect such other school taxes -as may be..reque:ted by the board of 'education within the limit fixed•by the statute. (Section as 'amended by act of March .20,, T900; the origina! section was also amended by act of March ;7, t896) Sec. 3220. Pupils Beyond the City Limits—Board May Appoint and Re W I move mp oyes. at oar s a 1 lave power r 108 CHARTER OF SECOND -GLASS CITIES. r1 L to admit to said schools pupils from beyond the limits of Tuition tees from non- the city, and. may collect therefrom tuition fees for the ben - resident pupils. efit of the school fund of the city, and no children or per - .scans residing beyond said limits shall be admitted as pupils in any of said schools except on ,payment of such tuition fees as said board may require. Said .board may elect or appoint such employes as they may deem necessary, and shall prescribe and fix the compensation of each, and may dismiss the same at pleasure. See. 322t. Board of Examiners—Number of Members —Duties. Said board may appoint a board of examiners, to Board mel consist of not less than two nor more than five competent appoint esamlaers, persons, whose duty it shall be, together with the superin- tendent, to examine, under such rules and regulations as may be prescribed by the board, into the qualifications of all applicants for a position as superintendent, principal or teacher of said schools- Provided, that no person, other than the superintendent, shall be a member of said board of examiners who shall be employed in or connected with the public schools of the city. Said board. of examiners shall receive such compensation and perform such duties as may he prescribed by said board. Sec. 3222, Separate Schools for Colored Children. The Separate said board of education shall provide, maintain and support colored '. 'separate schools wherein all colored children, who are bona parsons• fide residents of said city, between the ages of six and twen- ty years, may be taught in like manner as herein provided for white children; said colored schools shall be entitled to the same benefits,. be' governed by the same rules and regu- lations, and be subject to the same restrictions as the schools herein provided for the white children. See. 3223. Members of Board—Ohicer, Teacher or Em- ,. ploye—What Will Disqualify. No member of the board of Trustees, educatioc, or . officer, nr . teacher, or employe there- tenenen and employes under, shall be directly or indirectly interested in any tofurse ni cot,tract, with work done for or by, or furnishing of sup - Supplies, plies, or sale of property to or for, the said board; be in ar- rears to it for money collected or held, without a quietus r1 L r r1 L 1 CHARTER OF SECOND-CLASS CITIES. 109 therefor; have been convicted of malfeasance in office; bri. bery or other corrupt practice or crime, or. hold any office or employment in any company or corporation which has been, or is, an applicant for any contract .with said board (stockholders in such companies or corporations -are- 'not, however, herein included); but they shall not vote on or in- terfere directly or indirectly, with any matter or y' ;stion affecting such company or corporation, in any manner -what- ever, other than Common with the general public; nor use his official position to secure the patronage of the teachers or employes of said board. Any persor, violating the pro- Penalties. visions of this section shall be guilty .of •a misdemeanor, and shall forfeit, his o.fice or position, and be ineligible to be a member of, or hold any otfice or employment under said heard. . Sec. 3224. Normal School—Rules and Regulatipna. The board shall have power to establish and maintain a, normal WILY establlbh normal aobool school or n -.rival training class for the purpose of training graduates of the high school and others to be teachers in " the schools of the city, and to this end it may prescribe such rules and regulations foi the government of said normal school or normal training class, and employ a principal and other teachers, as may be necessary for the maintenance of the said normal school or normal training class. - Sec. 3225. Treasurer—Separate Accounts,—Dutlea. The ` treasurer of the city shaC be treasurer of said board of edu- er cation, and as such shall keep separate and distinct from! all choaril.. of other funds all poneys, bonds and securities .belonging to oir which may hereafter be dedicated or set . apart. for '• ptiblt school,, and shall only pay out or deliver any of said funds, r bonds or securities upon the warrant of said clerk, and ap- proved by the presldcnt of the board of education, and -shall . perfotm such other duties as may be prescribedr bv, said board. SECTION 3225.— Treasurer—Compensation — Construction of. section. Board- I df EduYa- tion v. Moore, 24 R., 1478, t`�:. , nWih; �•L ` y , I 110 CHARTER OF SECOND-CLASS CITIES. Sec. 3226. Clerk of the Board—Duties—Compensation— Copies of the proceedings—Evidence. Said board sha/ therboard. have power to appoint n clerk, and prescribe his duties and term of office, fix his compensation, and pay the 'same out of the school fund, and shall require of him bond and se- curity, if they deem the same necessary. The proceedings of the board of educatict, and copies therefrom, certified by its clerk, shall be taken in the same nan.ner, and have the .same force and effect in courts and elsewhere as are now given to the proceedings,of the general council. Sec. 3229. Control of School Fund—Expenditures. Said Board hits bozrd of education shall have exclusive control of all school school ch olfu {nods of the city, from whatever source the same may control funds. y b` derived, including the pro rata of the city from the com- mon school fund from th. State of Kentucky. They shall have the right to receive all fines, forfeiture.; and taxes that may inure to the benefit of the public schools of the city. They shall have power to experd all moneys in the interest of the Public schools in the city. and the warrant of the city clerk. approved by the president of the board, shall be honored by the treasurer to the amount of the school fund in the treasury. Sec. 3228, Existing Indebtedness Unimpaired. All in- Ipi�idebtedaesa debtedness, bonded or otherwise, and all liabilities and may d contracts of the school board, existing g at the time this takes effect, and all taxes, fonds, sinking fonds or other resources that have bee, . pledged or set apart for the pay- ment of the principal or the interest _thereof, shall contin- ue unimpaired, and remain of the same force and effect as SECTION 3226, -- Clerk who received seven out of twelve votes was elected, although by a by-law of the board provided that a two-thirds vote was necessary to elect—the by-law was invalid. Heyker v, McLaughlin, 2a R., 1883; 106 Ky., So9. SECTION 3228.— Construction of section. Woods v. Board of Education, 21 R., 941; see Brown v. Board of Education, 22 R,'483. CHARTER OF SECOND-CLASS CITIES. tho-tgh the same had been authorized and contracted by the express 'provision of this law, and said board may re- fund any debt by the issuance of bonds. Sec. 3229. How Money Drawn—Conditions Upon Which Appropriation Made. No money shall be drawn schoot from the fund unless the same has been appropriated by or- warrants. der of the board of education, and no appropriation of mon- ey shall be made to be paid out of said school fund unless money shall actually be in the treasury to meet the draft; and if any appropriation shall be made, and there shall be no money in the treasury at the time of the making of said appropriation with which to pay the s' -we, the members of the board of education voting there- for shall be individually liable to any party injured for the amount of damages sustained in consequence thereof. Sec. 3230. Election of Members of Board—Two from Each Ward. At the first general election under this Hew trustees act there shall be elected as members of the said board ofamslacted. ed.tcation two persons, to be selected :rom each ward of the city, but elected by the qualified voters at large of the city, subject to modifications as to the qualifications of vot- ers herein prescribed. The one person from each ward re- ceiving the highest number of votes for two years, and the one from each ward receiving the next highest number of votes for one year, and in case two receive the same number of votes, the time shall be decided by lot. And on the same day of each year thereaf-er there shall, in like manner, be elected one person from each ward by the voters at large as member of said board for two years. All persons elected tinder this section sha!l assume the duties of their office ono�cee,or the first Monday in January following said election. Trus- tees in office whose thn- has not expired when this act takes effect shall remain in office until their successors are elected and qualified. Sec. 3231. President of the Board. Said board of educa- tion shall elect from their own number a president for the President tot In of two y^ars, and tnay prescribe who shall preside in or board - e 112 CHARTER OF SECOND-CLASS CITIE& his absence, and make all necessary rules prescribing the f duties of the presiding officer and the government of them- selves., See. 3232. Election by Secret. Ballet—Registration. All Baeretballot, -votes at elections. of members of said board shall be by se- cret ballot, and after such'registration and subject' to such rules and regulations as to manner o! registration as may be prescribed by Jaw for election, of State officers. Sec. 3233• Eligibility to Membership in Board—Qualifi- cations of Voters—Women. All persons possessing the of i neet� s qualifications required !1y this act to make them eligible to election as members i of the board of councilmen shall be eli- gible to membership in the board of education, and all per- sons possessing qualifications required by this act, or which may be prescribed by ordinance, in order to vote at elec- tions for city officers, ate hereby declared qualified 'to 'vote at all elections for members of the board of education, and Women may wcmen who may possess such ocher rualifications required vote for by males are hereby dec.ared to be eligible as members of rs trustees. said board of education, but not eligible or -qualified to vote re at any election for a member or members of said board (Section as amended by act of March 21, 1902.) Sec. 3234. Election and Registration Under General Law. The election of members of the board of education Elections, and the registration of voters for the purpose of such elec- tion shall be held in all respects according to the provisions How held. of the general latus 'governing registration and elections, and no separate poll or voting place shall be required for sneh registration or election. (Section as amended by act of March 21, 1902.) j Sec. 3235• School Board Elected in 1893. In any city of the second class, where members of the school board were elected at the general election in one thousand eight 1 hundred and ninety-thrte, such' member so elected shall held their respective offices until the regular election in one , thousand eight hundred and ninety-five. In any- city 0 V CHARTER OF .SECOND-CLASS CITIES. 113 where no such election was held, the mayor thereof shall ap-- •point two members of said board from each ward in the city, subject to the app-twal of the board of aldermen, and the board so Pppuinted shall hold office, exercise the pow- er:, and be subject to the regulations of this act, until the regular election in Qne thousand eight hundred and ninety- five. ' a 0 i ' a 0