until he shall have had the opportunity of being heard by himself or counsel, or both.

Sec. 11. That the meetings of the council shall be held with open doors, except when, by a vote of two-thirds of the members present, it may be deemed expedient upon a special question to deliberate with closed doors. Sec. 12. That whenever it shall be necessary so to do, the board of aldermen shall by ballot elect a member of their own body to act for a designated period as mayor pro tempore, who, for the time, shall have and exercise all the powers and authority of the mayor.

Sec. 13. That in case of a vacancy occurring in any office elective by the qualified voters of the city, the council shall order an election to fill the vacancy upon giving ten days' notice thereof, which election shall be held and conducted in the same manner, and under the same rules and regulations prescribed for the holding of the general elections in the city. Sec. 14. That there shall be a secretary and treasurer, city marshal and assessor and collector of taxes who shall hold their respective offices for two years, and until their successors are duly qualified. The secretary and treasurer shall be nominated by the mayor and confirmed by a majority of all the aldermen elected and qualified, taken by ballot. The city marshal and assessor and collector of taxes shall be elected by the qualified voters of the city.

Sec. 15. That the office of city recorder is hereby abolished, and the duties of the same are devolved upon the mayor, who shall have jurisdiction within the limits of the corporation, with power to hear and determine all cases of violation of the ordinances of the city council, which shall be prosecuted in the name, and in behalf of the mayor, aldermen and inhabitants of the city of Houston; and for the proper exercise of such jurisdiction the mayor shall have power and authority to issue process; to preserve order and punish for contempt committed in the presence of his court; to administer oaths and affirmations, to summon witnesses, either in the city or from any part of Harris county, and compel their attendance, but process beyond the city limits shall be directed to and executed by the sheriff or some constable for the county; to summon jurors and compel their attendance. The mayor's court shall be opened daily, and the accused shall have a speedy trial. The law of the state regulating practice and procedure in courts of justice of the peace shall be the rule of practice and procedure in the mayor's court. In the absence, sickness, or inability of the mayor to act and hold his court, the mayor's court may be held by the mayor pro tempore, [who] shall have the same jurisdiction, power and authority of the mayor. The salary and fees of the mayor's court may be determined by the city council. He shall make report to the council from time to time as required, and shall do and perform such duties properly appertaining to the office, as may be prescribed by the city council.

Sec. 16. That the secretary and treasurer shall attend the city council at its meetings. He shall have the custody of all the laws and ordinances of the city. He shall have the custody of the common seal of the corporation, and shall only affix the same to the obligations of the city, by order of the city council. He shall keep a regular and correct journal of the proceedings of the council, in well bound record books. He shall be the treasurer and have the custody of all moneys and valuable papers, records and archives of the city. He shall receive all moneys and revenues coming into the city treasury, and pay the same out by order of the council. He shall keep the money and funds of the (17)

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city on deposit in some bank in the city of Houston. He shall keep the accounts of the city in well bound books, and the books and records of his office shall be opened to the inspection of any citizen upon request, at any reasonable and proper time. He shall prepare and publish in one or more newspapers, printed in the city of Houston, an accurate and detailed statement and account of the receipts and disbursements of the revenues of the city; the outstanding obligations and liabilities of the city, and the condition of the city treasury, which statement shall be prepared and made up to the first Monday of December of each year, and published on or before the fifteenth day of December; and it shall be the duty of the city council to require this statement so to be made and published; and should the said statement not be made in the manner and at the time provided, the secretary and treasurer shall be liable to a fine of one thousand dollars, to be recovered in the district court of Harris county at the suit of the city attorney for and in behalf of the mayor, aldermen and inhabitants of the city of Houston; and the securities of the city secretary and treasurer on his official bond shall be liable for the amount of such fine; and judgment nisi shall be entered against them at the same time with the principal, to be made final upon a return of a writ of scire facias; and the city council may prescribe such other duties to be performed by the secretary and treasurer, concerning the administration of his office as may be deemed advisable.

Sec. 17. That the city marshal shall be the chief police officer of the city under the mayor. He shall attend all regular and special meetings of the council. He shall attend upon the mayor's court, and shall promptly execute and return all process issued from said court. He shall be active in quelling riots, disorders and disturbances of the peace within the limits of said city, and shall take in custody all persons so offending against the peace of the community. He shall arrest all offenders against the ordinances of the city for offenses committed in his presence, and shall have authority to take bail for their appearance before the mayor; and, in default of giving which, he shall commit them to the city prison for safe keeping until they can be brought before the mayor for trial. He shall have authority to appoint one deputy, for whose acts and conduct he shall be responsible; and such deputy shall have all the power and authority of the marshal. He shall perform such other duties, and shall be invested with such other power, rights and authority as the city council may by ordinance confer, not inconsistent with the constitution and laws of the state.

Sec. 18. That the assessor and collector shall assess and collect all licenses and taxes levied and imposed by the city council, and shall pay the same over to the secretary and treasurer weekly on the Saturday of each week, taking duplicate receipts therefor, one of which he shall retain, and the other he shall return to the council (or the proper committee appointed by the council to receive the same) with his report in detail showing the several amounts received and by whom paid, which report shall be made to the first meeting of the council in each month. He shall be governed by the rules and regulations hereinafter prescribed in relation to the assessment and collection of licenses and taxes imposed by the city council, and shall do and perform such other acts and duties concerning the administration of his office as may be prescribed by the city council.

Sec. 19. That the officers named in this charter shall perform the duties prescribed by this act, and such other duties as may be prescribed

by ordinance; and there shall be such other officers, servants and agents of the corporation as may be provided by ordinance, to be appointed by the mayor with the approval of a majority of all the aldermen elected and qualified, who shall perform such duties and receive such compensation as may be prescribed by ordinance. The council may require any officer or agent of said city as it may deem proper to give good and sufficient bond with approved security for the faithful performance of his duties in such sum as it may prescribe.

Sec. 20. That bonds shall be required of the city assessor and collector and of the city secretary and treasurer in an amount not less than double the amount of the funds which may probably be in their hands at any one time, to be determined by the council, which bond shall be upon such conditions as may be determined by the city council, and with good securities to be approved by the city council, and the city shall in like manner require bonds of any officer or agent of the city, through whose hands the money of the city may pass.

Sec. 21. That the by-laws and ordinances of the city shall be enforced by fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days; and the council may provide by ordinances that fines may be commuted by labor in a work house or in the public works; and execution may issue against the goods and chattels, lands and tenements of the offender.

Sec. 22. That the salaries and fees of officers of said city shall be determined by the city council at least one month previous to their election, which salaries and fees, when so determined, shall not be raised. nor lowered during the period for which said officers were elected.

Sec. 23. That the city council shall have power and authority to determine the dimensions, and provide for grading, paving, repairing or otherwise improving the streets or sidewalks, or any parts or portions thereof within the limits of the city, and to make provisions for the payment of the cost and expense thereof, in whole or in part, by the levy, assessment and collection of a tax upon the lot or lots fronting thereon, which assessment shall be a charge against the owner of said lot or lots, as well as a charge upon the property itself, which may be collected and enforced in any court of competent jurisdiction; provided, that the powers herein conferred shall be exercised only upon the petition of the owner or owners, or their legal representatives, of seventy-five per cent. of the property of the block or blocks fronting on each side of the street or streets proposed to be paved, and to maintain the cleanliness of the city; to secure the safety and convenience of passing in the streets, sidewalks and other places in the city; to fix the squaring and to prevent encroachments and obstructions on the streets, sidewalks, squares, ways, levees and public roads and places to fix the place for anchoring all water crafts on Buffalo bayou; to establish an active system of inspection over the conduct of persons and premises; to prevent cattle, horses, swine, goats, geese and animals from running at large in the streets; to establish and maintain city police, prescribe the duties of policemen and regulate their conduct; to provide for lighting the streets, and for this purpose may establish gas works for the manufacture of gas for the use of the city, and the inhabitants thereof at cost price; to determine in what part of the city slaughter houses, bone boilers, soap makers, or other establishments for any business, which is or may be injurious to the value of adjacent property, or unwholesome or disagreable to the occupant of adjacent property, shall not be allowed to be erected; to

determine in what part of the city wooden buildings shall not be erected --within the limits prescribed no person shall be permitted to erect such buildings; to prevent gunpowder, or other explosive material, kerosine oil, or other inflammable oils, being stored within the city limits, in such quantity as to endanger the safety of the adjacent property; to provide means for the protection and extinguishment of conflagrations, and for the regulation, maintenance and support of a fire department; to permit or forbid theatres, balls, or other public amusements, and to suppress the same whenever the preservation of order, tranquility or public safety may require; to close dram shops, drinking saloons, and other places. where intoxicating liquors are sold whenever necessary or expedient; to define what shall be deemed nuisances in said city, and to abate them by summary proceedings; to provide a work house for vagabonds and disorderly persons who are unable to pay fines, and make regulations concerning the same; to regulate weights and measures in the city, aflix penalties for violation, fix standards, etc.; also that the city council may provide, own and maintain water works for the use of the city and its inhabitants; to provide and keep a city prison; to make all needful and proper regulations concerning bakers, butchers, keepers of taverns, grog shops and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers, and drivers of baggage wagons, and especially to preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains; to prevent extortion by carriers of passengers or baggage, hacks, drays and all public conveyances, by establishing maximum rate of charges; to direct and control the laying and construction of railroad tracks, turnouts and switches, and to require that the[y] be constructed and laid so as to interfere as little as possible with the ordinary travel and use of streets; to require railroad companies to keep the streets through which they run in repair, and to light the same whenever deemed necessary; to construct and keep in repair bridges and crossings at the intersection of streets and avenues, and over all ditches, sewers and culverts on the line of the railway; to regulate the speed of engines and locomotives within said city; to control and regulate everything concerning street railways, and generally to make and establish all rules, regulations, by-laws and ordinances which may contribute to and promote the better administration of the affairs of said city, as well as for the maintenance of the peace, tranquility and safety of said city, and for the protection of persons and property of its inhabitants, the city council of the city of Houston are hereby empowered and authorized to take and condemn land and real estate in said city to the public use, viz: for streets, alleys and public highways for extending, straightening and widening those streets now in use; for public wharves and landing places; for steamers and other water crafts, and for public squares, parks and pleasure grounds. For the condemnation of any land or real estate, the following proceedings shall be had: The city attorney, or attorneys employed by said city for that purpose, shall file a petition in the district court of Harris county against the owner of the land or real estate sought to be condemned for any of the purposes aforesaid, setting forth: first, the name or names and residence of the owner or owners, if known, and if unknown, the same shall be stated; second, the description by metes and bounds of any actual survey, had for that purpose, of the land or real estate sought to be condemned; third, the purposes for which the same is proposed to be taken and applied; fourth, the supposed value of the property to be

condemed; fifth, the prayer that the same be condemned to the public use for the purposes stated, and upon the filing of such petition, like proceedings shall be had thereon as in other civil suits, and when personal service cannot be had by reason of the defendant being a non-resident or unknown, service by publication shall be made as provided in other cases in the district court,and upon trial the court shall proceed to render judgment, condemning the land to public use, upon the payment of the value thereof as assessed by the jury, and upon any suit being brought thereafter against the said corporation for such property so condemned, a copy of the judgment and an actual tender of the money in court shall be sufficient answer in bar of a recovery in any such suit. All costs of proceedings for the condemnation of land and real estate under this act shall be taxed against the plaintiff, including reasonable fees of the attorney which the court shall appoint to represent the defendant when cited by publication.

Sec. 24. That the council shall have power and authority to establish one or more markets and market places, and within reasonable hours, not later than ten o'clock daily, to prevent the sale of fresh meats, game, fresh fish, poultry, eggs, vegetables and such country produce as is usually sold in markets at any place in said city other than said markets and market places so established,and to collect market licenses and privileges; to rent and lease for such length of time as the city council may determine, not exceeding one year, stalls or stands in said market for the sale of the before-mentioned articles, and to regulate and fix the prices at which the said stands or stalls shall be rented, and to provide for prompt collection of rent of the same and to pay all expenses of collection thereof, and for properly caring for and keeping in repair the market building and for pavement of streets fronting on and adjacent thereto, and for insurance of the same and its contents, and such care, paving, insurance and general keeping of said market houses shall be paid for out of the revenues collected out of said market house.

Sec. 25. That the market and market privileges of said city may be let and farmed out annually to the highest bidder at public outery at the market house, after ten days notice of the time, place and terms shall have been published in one of the city papers, and two copies posted in conspicuous places in said market house. The city council shall, before the day of letting fix upon the minimum sum at which the market and market privileges may be leased for the ensuing year and publish the same in the public notices required to be given as herein prescribed, and all bids below the amount named shall be rejected. At least five days before the day advertised for the letting, the mayor shall cause to be prepared the contract required to be signed by the lessees, and the same shall not in any manner be changed or modified within the five days previous to the letting, and said contract so prepared shall be open at the mayor's office to the inspection of all parties who may desire to see it. A good bond and securities to be approved by the city council shall be required of the lessees, and new and additional securities may be required at any time under penalty of forfeiture of contract.

Sec. 26. That the city council may appropriate to such use and purposes as may be deemed advisable, such halls and rooms in the upper story of the market house as may not be necessary for the public use and to lease and rent the same, from time to time, in the discretion of the council.

Sec. 27. That the city council shall have power to construct wharves