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thousand dollars per annum payable at stated periods, and shall receive such fees as may be allowed by law, which fees shall be paid into the city treasury. He shall have power to remove any officer holding office under the appointment of the mayor and any member of the police force, and to suspend any officer (except alderman) holding an office created by this charter, or any ordinance of the city, under any authority other than that of appointment by the mayor. He may fill by appointment any vacancy occasioned by the exercise of his said power of removal. He may fill by appointment any vacancy occasioned by the exercise of his said power of suspension, until the cause of such suspension can be acted on by the city council, and may fill by appointment any vacancy so occasioned. He shall have authority in case of a riot, or any unlawful assemblage, or with a view to preserve peace and good order in said city, to order and enforce the closing of any theatre, ball room, grog shop, tippling shop, bar room, or other place of resort, or public room or building and may order the arrest of any person violating in his presence the laws of the State, or any ordinance of the city; and he shall perform such other duties, and possess and exercise such other power and authority as may be prescribed and conferred by the city council.
Sec. 7. That Section fifteen (15) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 15. In case of a vacancy in the office of mayor, or of his being unable to perform the duties of his office by reason of temporary or continued absence or sickness, the aldermen shall appoint. by ballot, by a majority of all the aldermen present, one of their number to act in his stead, whose official designation shall be acting mayor: and the alderman so appointed shall be be invested with all the powers and shall perform all the duties of mayor of the city, and shall receive the salary of mayor during such vacancy; provided, it shall continue for ten days or longer; and during that time the mayor shall receive no salary. And during such temporary exercise of the functions of mayor, it shall be the duty of the acting mayor to daily report his presence at the city clerk's office, and he shall continue to exercise such functions until such time as the mayor shall report in person at the city clerk's office and duly record his presence in writing, or until the acting mayor shall be removed by the aldermen, as provided by this charter; but he shall not vote as an alderman while acting as mayor.
Sec. 8. That Section sixteen (16) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 16. All ordinances and resolutions adopted by the city council, and all acts of the council authorizing or making any contract, grant or concession, whether such act be had or passed in response to petition or proposition, or in any other manner whatsoever, and irrespective of the form of such acts, shall be subiect to veto by the mayor. Such ordinances, resolutions and acts of the council, together with such papers as may pertain thereto, shall be placed in the office of the city clerk, and if the mayor approve thereof he shall endorse the same, "approved," and sign his name to such endorsement, and thereupon such ordinances, resolutions and acts shall go into effect. If the mayor shall fail to approve any such ordinance, resolution or act for a longer period than five days after it shall be placed in the clerk's office, it shall go into effect, unless he shall have within said period, signified his disapproval thereof, by returning it to the clerk's office, together with his written objections thereto, for the consideration of the city council. The vote by which
any ordinance, resolution or act so disapproved by the mayor was passed, shall be reconsidered by the city council either at the next regular meeting thereof held after such disapproval is filed in the clerk's office, or at a special meeting called earlier for that purpose, and if after such reconsideration, two-thirds of the aldermen elected agree to pass such ordinance, resolution or act, it shall be in force, but not otherwise. No ordinance, resolution or act appropriating money, or authorizing or making any contract, grant or concession involving an appropriation of money, or a relinquishment of any property, right, interest, or franchise shall be passed or had by the city council except by a vote of two-thirds of the aldermen elected cast therefor.
Sec. 9. That Section eighteen (18) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 18. The chief of police shall, either in person or by deputy attend upon the recorder's court while said court is in session, and shall promptly and faithfully execute all writs and process issued from said court. He shall be the chief police officer of the city under the mayor. He shall have like power with the sheriff of the county to execute the writ of search warrant. He shall be active in quelling riots, disorders, and disturbances of the peace within the limits of said city, and shall take into custody all persons so offending against the peace of the country and he shall have authority to take suitable and sufficient bail for the appearance before the recorder's court, of any person charged with an offence against the ordinances and laws of the city. It shall be his duty to arrest all violators of the public peace, and all persons who shall obstruct or interfere with him in the execution of the duties of his office, or who shall be guilty of disorderly conduct or disturbances whatsoever. To prevent a breach of the peace, or preserve quiet and good order, he shall have authority to close any theatre, bar room, ball room, drinking house or any other place or building of public resort; and in the prevention and suppression of crime and arrest of offender, he shall have, possess and execute like power, authority and jurisdiction as a sheriff of a county under the laws of the State. He shall receive a salary of two thousand dollars per annum. The chief of police shall give such bond for the faithful performance of his duties as the city council may require and he shall perform such other duties and possess such other powers, rights and authority as the city council may, by ordinance require and confer, not inconsistent with the Constitution and laws of this State, or the provisions of this act.
Sec. 10. That Section (20) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 20. That it shall be the duty of the city clerk to attend every meeting of the city council and keep accurate minutes of the proceedings. thereof in a book to be provided for that purpose; to engross and enroll all laws, resolutions and ordinances of the city council: to keep the corporate seal; to take charge of, preserve and keep in order all books, records, papers, documents and files of said council: to countersign all commissions issued to the city officers, and licenses issued by the mayor; and to keep a record or register thereof, and to make out all notices required under any regulation or ordinance of the city. He shall draw all warrants on the treasurer, to be signed by the mayor, and by the auditor, and countersign the same, and keep an accurate account thereof in a book to be provided for the purpose. He shall also be clerk of the recorder's court, and shall have custody of all books and papers belonging to said
court. He shall make out all process and writs, and enter upon a docket all complaints for violation or infraction of city ordinances before the recorder, and his judgment and sentence therein. He shall have power and authority to administer all oaths and affirmations. The city clerk shall be the general accountant of the corporation, and shall keep in books regular accounts of the real, personal and mixed property of the city, of all receipts and disbursements of the city and separately, under proper heads each cause of receipt and disbursement. And also accountswith each person, including officers who have money transactions with the city, crediting amounts allowed by proper authority and specifying the particular transaction to which such entries apply. He shall also keep a register of bonds and bills issued by the city, and all evidence of debt due and payable to it, noting the particulars thereof, and of all facts connected therewith as they occur. He shall carefully keep all contracts made by the city, and he shall do and perform all such other duties as may be required of him by any law, ordinance, resolution or order of the city council. He shall receive for his services a salary of eighteen hundred dollars per annum; and for the faithful discharge of his duties he shall give bond, with good security to the city, for such sum as may be required by the city council, not less than two thousand dollars.
Sec. 11. That Section twenty-one (21) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 21. The treasurer of said city shall give bond in favor of the city of Galveston, in such amount and in such form as may be required by the city council, not less than fifty thousand dollars, and with sufficient sureties, conditioned for the faithful discharge of his duties. He shall receive and securely keep all moneys belonging to the city, and make all payments for the same, upon the order of the mayor, attested by the clerk, and auditor and the seal of the corporation. He shall render a full and correct statement of his receipts and payments to the city council at their regular meeting in every quarter and whensoever at other times he may be required by them to do so; and at the end of every half year he shall cause to be published, at the expense of the city, a statement showing the amount of receipts and expenditures for the six months next preceding, and the general condition of the treasury; and he shall do and perform such other acts as the city council may require; and for his services he shall receive such salary as shall be fixed by the city council, not to exceed twelve hundred dollars per annum.
Sec. 12. That Section twenty-two (22) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:.
Section 22. That the assessor of the city shall make up all the assessments of all property taxed by the city, including license and occupation taxes and make rolls thereof, and on completion of the rolls, and when accepted by the city council, after twenty days public notice, shall deliver such assessment rolls to the collector, and the inventory lists to the auditor; provided, also, that supplemental rolls may be handed in from time to time, as may be prescribed by ordinance. The collector shal collect all taxes due the city, and in the event of non-payment of any taxes. or licenses, shall proceed to sell property to raise the amount of taxes so due, and shall in the performance of his duties observe the provisions of this act and the ordinance of the city relating thereto. He shall give bonds in such amount and in such form as the city council may provide, not less than twenty five thousand dollars, with good and sufficient sure
ties; and the city council may require a new bond whenever in their opinion the existing bonds is insufficient; and whenever such bond is required he shall perform no official act until said bond shall be given and approved. He shall, at the expiration of every week, pay to the treasurer all money by him collected, and shall report to the city council at the first meeting of that body in every month, all moneys so collected and paid, and he shall perform all such other duties, and in such manner and according to such rules and regulations as the city council may prescribe. The assessor shall receive for his services an annual salary or commission not to exceed two thousand dollars; and shall give security to the city for the faithful discharge of his duties in an amount not less than ten thousand dollars. The collector shall receive for his services an annual salary or commission not to exceed twenty four hundred dollars, and shall give bond, with good security, to the city for such sum as may be required by the city council, not less than twenty five thousand dollars. The assessor is authorized to require the owners of all property subject to taxation to render a correct account of the same under oath, to be administered by him.
Sec. 13. That section twenty three (23) of said act be and the same is hereby amended so that it shall hereafter be as follows, to wit;
Section 23. It shall be the duty of the auditor to examine in detail all bills, accounts and claims against the city, and if found correct, sign his name in approval; but if found incorrect, he shall return them to the appropriate committee, or the city council with his objections thereto. It shall also be his duty to examine the books of all the officers of the city, and if they should be found incorrect, to make a report of the same to the city council. It shall also be his duty to act as assistant to the city clerk, and he shall render such other services from time to time as the city council may direct, and shall receive for his services such compensation as the city council may determine, not to exceed eighteen hundred dollars per annum, and shall give bond for the faithful performance of his duties in the sum of ten thousand dollars.
Sec. 14. That Section twenty six (26) of said act be and the same is hereby amended so that hereafter it shall be as follows to wit:
Section 26. The city council shall hold stated meetings, and the mayor may of his own motion, or on the application of three aldermen, call special meetings by notice to each of the members of said council, served personally or left at their usual place of abode; provided, that in case of emergency, such as the inability of the mayor, because of serious sickness, or absence from the city, or in the event of the death of the mayor, the city clerk shall, on the application of three aldermen, call a meeting of the council. Petition and remonstrances may be presented to the council in writing only; and the council shall determine the rules of its own proceedings, and be the judge of the election and qualifications of its own members, and punish them for disorderly conduct; and with the concurrence of two thirds of the aldermen elected may expel a member.
Sec. 15. That Section twenty eight (28) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 28. That the city council shall not borrow for general or special purposes more than fifty thousand dollars ($50,000) in any one year; provided, that this restriction shall not be construed as a limitation upon the power of the council to create and maintain an indebtedness on the part of said city, for all purposes, general and special, not exceeding
in the aggregate the amount of indebtedness authorized by section 132 of this act.
Sec. 16. That Section twenty nine (29) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 29. The city council shall have power to appropriate money to provide for the payment of debts and expenses of the city. In the month of November of each year it shall make a careful estimate of all the probable revenues of the city for the ensuing year, and shall provide for the disbursement and expenditure of the same, as follows:
First-It shall set apart and appropriate to the payment of the interest upon outstanding bonds such amounts as shall have been prescribed by ordinances for that purpose; and shall also set apart and appropriate to the creation and maintenance of sinking funds, for the redemption of said bonds, such amounts as shall have been prescribed by ordinances for that purpose; which said sinking funds shall be invested in bonds of said city in bonds of the State of Texas, or in bonds of the United States as said council may from time to time determine.
Second-It shall reserve a fund of twenty five thousand dollars, to be used only in cases of extraordinary emergency, which could not have been foreseen before their occurrence; but in no event to be used for the ordinary expenses of the city; and whenever there shall remain unexpended any portion of such reserve fund, the same shall constitute a part of such reserve fund for the next ensuing year.
Third-It shall apportion the remainder of the estimated revenue to the several departments of the city government for its general expenses. Any member of the city council who shall knowingly vote for, or in any manner aid or promote the passage or adoption of any ordinance, resolution or other act of the city council, increasing the appropriations for the expenses of the city beyond the estimate aforesaid, unless the actual revenues shall have exceeded such estimate, and in such event beyond such actual revenues, shall thereby vacate his office and shall be deemed guilty of malfeasance in office and upon conviction thereof, shall be punished in the manner and to the extent provided in section thirty one (31) of this act.
Sec. 17. That Section thirty (30) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 30. If the mayor or acting mayor shall sign any warrant, draft, or order for money upon the city treasurer when there are no funds in the treasury to pay the same, the officer so signing such warrant, draft, or order shall be liable to removal from office.
Sec. 18. That Section fifty-one (51) of this act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 51. To establish standard weights and measures to be used within the city, in all cases not otherwise provided for by law. To require all traders and dealers in merchandise, or property of any description, which is sold by weight or measure, to cause their weights and measures to be tested and subjected to inspection in such manner as may be by ordinance prescribed.
Sec. 19. That Section fifty-two (52) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 52. To regulate the inspection of beef, pork, flour, meal, sali and other provisions; whisky and other liquors to be sold in barrels, hogsheads, and other vessels, and packages, and of gas metres; to appoint weighers, gaugers and inspectors; and prescribe their duties and