HomeMy WebLinkAboutOrdinances and Municipal Laws, Page 1 - Charter Act of March 19, 18941\
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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,
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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.
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' 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.
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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.
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4 CHARTER OF SECOND CLASS CITIES.
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and style which each now respectively bears, with power to
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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
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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-
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iug and being contracted with, of suing and being sued, of
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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
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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
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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
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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
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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.
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CHARTER OF SECOND-CLASS CITIES, 5
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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
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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.
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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.
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2. Authority strictly construed. General rule is that the authority'
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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
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v. Berry, 8o Ky., 354: 4 R,, 185.
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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
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�-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
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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.
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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=
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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-
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\ 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.
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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 -
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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
_.
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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
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thickly built upon, inhabited and needing municipal govern -
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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'
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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
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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
---
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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•.+-..���•....•-� ��-._..�.•_-..-.-��.� �.___ -
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.`�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
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C14ARTER OF SECOND—CLASS CITIES.
s—Regula-
�a
a
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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
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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
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cd
1
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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,
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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
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'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
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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
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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
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� 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.
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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.
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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.
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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.
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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.
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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
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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.
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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-
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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
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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
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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 -
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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
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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. '
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