ney, or the special counsel of the Board, on the request of said Board, to institute such proceedings in the name of the City of New Orleans, and to acquire the title to all such property in the name of said city and the title to all the public works aforesaid, constructed by said Board, and to all property of every kind and nature, real or personal, purchased or in any way acquired by said Board, shall be vested in the City of New Orleans, and said Board shall have full authority to expropriate any property in any of the parishes adjoining the parish of Orleans that it may find convenient and necessary for the proper execution of the powers herein granted to it, and to extend its works into such parish for the benefit of the City of New Orleans, and to have jurisdiction and authority in such parish over said works therein situated.

(As amended by Act No. 111 of 1902).

Sec. 18. (Amd.). Be it further enacted, etc., That it shall be the duty of the said Board so to plan, adjust and arrange said public sewerage and public water systems, as to make the same conform to, and as to prevent conflict with, the present approved plans for the drainage system; provided that nothing contained in this section shall in any manner affect the apportionment provided for in Section 27 of this act.

(As amended by Act No. 111 of 1902).

Sec. 19. (Amd.). Be it further enacted, etc., That all persons, firms and corporations that have under and by virtue of any grant heretofore made, express or implied, laid mains, pipes or conduits, or constructed any railroads, buildings, works or structures of any kind, in, on or over the public streets and roads, shall be compelled at their own cost and expense, to shift or adjust their said mains, etc., to the exigencies of said public sewerage and public water and drainage systems.

(As amended by Act No. 111 of 1902).

Sec. 20. (Amd.). Be it further enacted, etc., That the said Board shall have authority over the construction of all underground work necessary or incidental to the plans for drainage already adopted by the City of New Orleans and over all drains, inlets, catch-basins, etc., and over all connections which may be made to such drains by the City or by individuals or corporations, and plans and specifications for any drainage connections shall be approved by the properly authorized officer of the Sewerage and Water Board of New Orleans and the construction of the work shall be subject to his inspection. Copies of plans and profiles for all other underground structures shall be filed in the Sewerage and Water Board office before construction.

If said plans are found not to conflict in depth or location with existing or proposed sewers, drains or water-mains, it shall be so certified by the General Superintendent of the Sewerage and Water Board, and no underground structure shall be constructed without such certificate.

Said Board shall have full power and authority to make all needful rules and regulations for the use of said public systems of drainage and sewerage and the water supply furnished therewith, and to prevent the obstruction thereof or interference therewith or damage thereto, and to compel all premises in the City of New Orleans to be connected with said sewerage system and to compel the closing and discontinuance of all other sewers, and all vaults, cess-pools, privies, water-closets, urinals, foul water drains and outlets for any kind of fluid material whatever. Any violation of the rules and regulations established by the said Board and duly promulgated in the official journal of the City of New Orleans, shall be punished by a fine of not exceeding twenty-five dollars ($25) for each offense or by imprison

ment not exceeding thirty days, or both, such fine and imprisonment in the discretion of the court having jurisdiction of the offense. So much of said fines as may be inflicted for the violation of the rules pertaining to the sewerage system shall revert to the City health authorities. Nothing in this act shall be construed as taking away the existing inspecting and supervisory powers of the Board of Health of the City of New Orleans over the sanitary condition of the premises. (As amended by Act No. 111 of 1902 and Act No. 69 of 1904). Sec. 21. (Amd.). Be it further enacted, etc., That the said Board shall have power to fix the rates to be charged private consumers of water and to collect the same from all persons who use water, (except for sewerage purposes only), from the public water supply of the City of New Orleans, except the City of New Orleans and her public institutions, such as jails, schools, etc., the Charity Hospital, the Touro Infirmary, the House of Good Shepherd, the Soldiers' Home, Hotel Dieu, the Louisiana Retreat, the Southern University, Eye, Ear, Nose and Throat Hospital, and all orphan asylums and houses for aged and infirm. These charges shall be based, as far as possible, on the actual amount of water consumed, shall be equal and uniform for each grade or class of customers, and shall be framed so as to cover only the actual cost of maintenance and operation of the said water system, inclusive of interest and sinking funds of any assumed mortgage bonds on said property, and of the furnishing of the public and private supplies. Said Board shall have further power to make reasonable rules and regulations for the use and consumption by such pay customers, and by such free customers, of the water supply furnished them, and to prevent the obstruction of, interference with or damage to the pipes, mains and other appurtenances of said watersystem, and any volation of such reasonable rules and regulations so established by said Board, and duly promulgated in the official journal, shall be punished by a fine not exceeding twenty-five dollars ($25.00) for each offense, or by imprisonment not exceeding thirty days for each offense, or by both, in the discretion of the court having jurisdiction of the offense.

(As amended by Act. No. 111 of 1902.)

Sec. 22. Be it further enacted, etc., That all funds received by the said Board from water rates, and from the city of New Orleans, by appropriation from its treasury, shall be deposited to the credit of the said Board as collected, with the fiscal agent of the city of New Orleans, and shall not be paid out except upon duly adopted resolutions of appropriation, promulgated in the official journal, and upon checks signed by the President and the Secretary of said Board, and countersigned by the Chairman of the Finance Committee of the City of New Orleans.

Sec. 23. (Amd.) Be it further enacted, etc., That all supplies and materials required by said Board for the conduct, operation, maintenance and repair of said public systems of sewerage, water and drainage shall be purchased on detailed written specifications as to grade, quality and amount from the lowest bidder under sealed proposals, who can give the required bond to comply with the contract at public adjudication, after at least ten days' notice in the official journal of the City of New Orleans. In every case it shall have power to reject all bids and advertise for new bids. In case of emergency the general superintendent can, with the written consent of the president pro tempore of the Board, or of the Mayor of the City, contract a bill for such supplies and materials, not exceeding $500 in amount, but all such bills so contracted must be reported, with the reasons therefor, to the next meeting of the Board, otherwise the Board shall not pay the same. In the purchase of all supplies and

material, preference shall be given to home merchants and manufacturers, all conditions being equal. All contracts for repair or renewal work not executed by the regular employees of the Board, and exceeding $250 in amount, shall be similarly let to the lowest bidder, after similar advertisement, with the same right of rejection.

(As amended by Act No. 111 of 1902).

Section 24. (Amd.) Be it further enacted, etc., That all contracts for the construction of the said public systems of sewerage and water and for the completion of the drainage system shall be let to the lowest bidder by sealed proposals, after at least sixty days' advertisement in the official journal of the City of New Orleans and two other newspapers in the City of New Orleans, on detailed plans and specifications approved by the Board on file in the office of the Board to be furnished to prospective bidders on application, one of which specifications shall always be that the contractor shall give bond with some surety company authorized to do business in the State of Louisiana as security, satisfactory to the Board, in a sum of at least 25 per cent. of the estimated amount of his bid, for the faithful performance of his contract, and in case the work estimated by said specifications shall exceed the sum of fifty thousand dollars ($50,000), bids for the same shall be similarly advertised in New York and Chicago, as well as in the City of New Orleans. Every such contract exceeding $25,000 in amount shall be approved by resolution of the City Council before the same shall be operative and binding on said Board, and shall be executed by a public act before the city notary for fees to be agreed upon between said notary and the Board, at the expense of the contractor. In every case the Board shall have power to reject all bids and re-advertise for new bids; provided that the advertisements pending for any work, material or supplies or contracts of any kind, at the time of the passage of this Act, shall not be affected hereby; but that same shall continue in the same manner and to the same effect as if this amendatory act had not been passed.

(As amended by Act No. 111 of 1902.)

Sec. 25. (Amd.) Be it further enacted, etc., That no member of said Board shall borrow money from any contractor, or shall ever be interested, directly or indirectly, in any contract, or in the losses or profits of any contract for labor, supplies, material or construction made by said Board, nor for six months after the termination of his connection with the Board, under the penalty of dismissal from said commission and the absolute nullity of said contract; nor shall any member of said Board ever be surety for any contractor, or officer, or employee of the Board, under a similar penalty. In case any member of said Board shall be a director or stockholder in any corporation, or shall be agent for any person, which or who may be pecuniarily interested in any subject before the Board, he shall not at any meeting of the Board or of any of its committees, discuss or vote on any such subject.

(As amended by Act No. 111 of 1902.)

Sec. 26. (Amd.) Be it further enacted, etc., That in all contracts made and executed by said Board for the construction or repair of said public systems of sewerage, water and drainage, there shall be contained a clause that the contractor shall give the preference in employment to bona fide residents of the City of New Orleans, both as skilled and unskilled laborers, and shall not employ any non-resident laborers, skilled or unskilled (except confidential clerks, chief superintendents and chief engineers) as long as any resident labor is ready, willing and able to do the work required; that the penalty for each violation of this clause shall be the forfeiture of the sum of $25 for each person so unlawfully employed, to be deducted by the

Board from the contract price due the contractor; and that the general superintendent of said Board shall have the authority to dismiss all persons employed in violation of this clause; provided that this clause shall not apply to skilled mechanics and machinists brought to the City of New Orleans by the manufacturers of machinery solely for the purpose of erecting and testing the same.

No person shall be considered a bona fide resident of the City of New Orleans under this clause of this act, unless he has actually resided in the City of New Orleans for one year prior to his employment.

All the permanent employees of said Board, who are required to be appointed after civil service examination, shall be of good and moral character, and bona fide residents of the City of New Orleans for at least one year prior to their appointment. Said Board shall have power, and it shall be its duty, to demand and require bonds with good and sufficient surety for the faithful performance of their duties from all of its employees who handle money or material, or who fill positions of responsibility.

(As amended by Act No. 111 of 1902.)

Sec. 27. (Amd.) Be it further enacted, etc., That said Board shall have power to apportion the proceeds of said public improvement bonds, and the surplus of said taxes, among the three objects aforesaid, water, sewerage and drainage, but any such apportionment shall be made by a vote of not less than ten members of the Board, exclusive of the Mayor, and shall also be approved by the Mayor In writing; and in case ten members of said Board and the Mayor cannot agree on any apportionment, the matter shall be referred to the City Council, who shall have power to make said apportionment; provided, that no apportionment of said funds for drainage purposes shall exceed one-third of the proceeds of said public improvement bonds and surplus, until the water and sewerage systems are completed.

(As amended by Act No. 111 of 1902 and Act No. 69 of 1904.) Sec. 28. (Amd.) Be it further enacted, etc., That the City of New Orleans shall annually in her budget of expenses provide out of her alimony by proper appropriation, all the funds necessary and proper over and above the receipts of said Board for water rates, to maintain and operate in an efficient manner the said public systems of sewerage and drainage and the said public system of waterworks, inclusive of interest and sinking fund of any assumed mortgage bonds thereon, and the said Board shall, in the first week in November of each year, present to the council an estimate of the amount requisite for these purposes for the following year. No portion of the proceeds of said public improvement bonds or of the said taxes shall ever be applied to the maintenance and operation of said public systems of sewerage, water and drainage, but they shall be used for construction purposes only.

(As amended by Act No. 111 of 1902.)

Sec. 29. (Amd.) Be it further enacted, etc., That said Board shall not have the power to obligate itself or to create any debt for construction purposes in excess of the cash amount of the proceeds of said bonds, and the surplus of said tax, and all such debts and obligations in excess of the actual cash amount of these funds shall be absolutely null and void and of no effect; nor shall the said Board, in any year, have the power to expend any sum of money, or to create any debt for the maintenance and operation of said public systems of sewerage, water and drainage, in excess of the actual revenues of that year, and all such debts and obligations in excess of the actual revenue of that year shall be absolutely null and void. and of no effect. The surplus revenue of one year may be carried

forward and added to the revenues of the fol.owing year; but no contract for expenditures of any kind shall ever be made in anticipation of any surplus of either construction or maintenance fund.

(As amended by Act No. 111 of 1902.)

Sec. 30. Be it further enacted, etc., That all connections with the sewerage and water mains of the two public systems aforesaid shall be made at the cost of the said Board from the said mains to the edge of the foundations of the buildings on the property line, or if there are no foundations on the property line, then to the property line itself, and from that point on, they shall be made at the cost and expense of the owner of the property.

Each owner shall have the right to contract for the putting in of all such connections as he is chargeable with, but all such work shall be done under the rules and regulations, and subject to the inspection and control, of said Board. The Board shall take separate bids from contractors for putting all property-holders connections and sewerage fixtures, leaving to each property holder the right to require the work in his premises to be done by such contractor at the bid price, or to employ some one else for that purpose.

Sec. 31. (Amd.) Be it further enacted, etc., That said Board shall have the right to control and use all plants, machinery and apparatus heretofore constructed or controlled by the Drainage Commission for all the necessary and convenient purposes of said sewerage, water and drainage systems. In case the demand for power for sewerage, water or drainage purposes shall be such as to require the installation of additional machinery, the cost of such installation shall be charged to the funds apportioned for sewerage, water or drainage, as the case may be.

(As amended by Act No. 111 of 1902.)

Sec. 32. (Amd.) Be it further enacted, etc., That on the first of January and the first of July of each year, it shall be the duty of the said Board to make to the City Council, in writing, a full and detailed report of its acts, doings, receipts and expenditures, the same to be put in printed form for public distribution, and a synopsis of same, including a statement of receipts and disbursements published in the official journal of the City of New Orleans; provided, that the advertisements pending for any work, material or supplies or contracts of any kind, at the time of the passage of this act, shall not be affected thereby; but that same shall continue in the same manner and to the same effect as if this amendatory act had not been passed.

(As amended by Act No. 111 of 1902.)

Sec. 33. (Amd.) Be it further enacted, etc., That the contracts for the sewerage and water systems shall be let in such a manner as to cover the whole city, the Fifth District included, at the same time, and shall be prosecuted in such a manner that they shall be completed throughout the city, the Fifth District included, as far as possible at the same time.

The words "whole city" as used in this section shall not be construed to mean the whole Parish of Orleans, but to mean, as understood by the voters who voted this special tax, that inhabited portion of the city now divided into squares and lots where the streets are opened and in use as such, or whenever hereafter opened and in use. (As amended by Act No. 111 of 1902.)

Sec. 34. Be it further enacted, etc., That if the City of New Orleans can not get proper constitutional authority to issue the bonds aforesaid prior to January 1, 1901, then the special tax aforesaid levied shall cease and determine, and the unexpended proceeds thereof for the years 1899 and 1900 shall be paid over the Drainage Commission, to be used for drainage purposes. In that contingency, the Board