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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 shall 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
regulate their fees; provided, that such officers shall be entitled to no fees, unless required to exercise the duties of their office, by and at the request of the parties purchasing, selling, or owning such articles; provided, that public weighers appointed by the Governor under authority of the Legislature for the city of Galveston, shall in no way be interfered with, and the produce which they were appointed to weigh, shall not be weighed by the city weighers.
Sec. 20. That Section eighty-two (82) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 82. The city council shall have power to provide by ordinance for the assessing and collection of taxes aforesaid, and to determine when taxes shall be paid by corporations, and when by the individual corporators; provided, no tax shall be levied unless by consent of twothirds of the aldermen elected. The license and occupation taxes shall be assessed by the assessor and collected by the collector, and shall be paid to that officer by each and every person and firm owing such license, and before engaging in any trade, profession, business, calling, vocation, or occupation, subject to said tax: that if any person shall engage in any business, calling, vocation, or occupation, which by an ordinance of said city is subject to a license tax, without first having obtained said license, he, she or they shall be liable to imprisonment, and a fine of ten dollars for each day such violation of said ordinance may continue; and this section shall apply to all persons owing any license and failing to pay the same. Said tax levied as herein provided shall not be construed to be a tax on property within the meaning of Section 79 of this act.
Sec. 21. That Section ninety (90) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 90. Every person, partnership, and corporation, owning property within the limits of the corporation shall, within two months after published notice, hand into the assessor of the city a full and complete inventory of the property possessed or controlled by him, her or them, within said limits, not exempt from taxation, on the first day of January, of the current year, verified as required by ordinance; and any person failing or refusing to comply with the provisions of this section, shall be liable to fine and imprisonment, and the city council shall, by ordinance, clearly define the duties of tax payers herein, and make all necessary rules and regulations to secure the rendition of property and the collection of taxes due thereon.
Sec. 22. That Section ninety one (91) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 91. That it shall be the duty of the city council annually, at such time as they may determine, to appoint three commissioners, each being a qualified voter and the owner of real estate in said city to the value of three thousand dollars, who shall be styled the Board of Appraisement, and whenever the party rendering property for assessment and the assessor cannot agree on the valuation of such property, it shall be referred to said board, and their action in appraising the same shall be final; provided, that at the meeting of said board the owner of the property shall be heard, and due notice of the meeting and session of said board shall be given by publication for ten days. Said board shall also appraise all property assessed as unknown or undrendered, and such appraisement shall be final. The city council shall allow said board such compensation for their services as they may think just and reasonable.
No person connected with the city government shall be appointed on said board, and any vacancy shall be filled by the council.
Sec. 23. That Section one hundred and seventeen (117) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Section 117. There shall be created a Board of Health which shall consist of six citizens, one from each two contiguous wards, extending from bay to gulf, and three practicing physicians from the city at large, all of whom shall be taxable inhabitants of the city. Five members of the board shall constitute a quorum. They shall be appointed by the mayor with the approval of a majority of the city council, at their first annual meeting, or as soon thereafter as practicable, at a regular meeting. One physician and two citizens shall be appointed for three years, one physician and two citizens for two years, and one physician and two citizens for one year; and annually thereafter the mayor, with like approval, shall appoint one physician and two citizens to be members of the said board for the term of three years, and all vacancies shall be filled in like manner, for unexpired terms. And they shall be subject to suspension or removal as in cases of other officers of the city.
Sec. 24. That Section one hundred and twenty-seven (127) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 127. The city council shall be invested with full power and authority to grade, shell, repair, pave, or otherwise improve any avenue, street or alley, or any portion thereof, within the limits of said city, whenever by a vote of two-thirds of the aldermen elected they may deem such improvement for the public interest; provided, the city council pay one-third and the owners of the property two-thirds thereof; except the intersection of the streets from lot to lot across the streets, either way, shall be paid by the city alone. Said two-thirds of said costs to be paid by the owners of the property fronting on said thoroughfares, shall be assessed on, or against said property and collected by the city whenever such improvement is completed and accepted by the city council: provided, further, that not more than twenty thousand (20000) superficial yards of such thoroughfares shall be filled, graded and shelled, or filled graded and paved, in any one year.
Sec. 25. That Section one hundred and twenty-eight (128) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 128. That the city council before beginning any such improvements, shall, for the purpose of acquiring the most reliable information practicable, of the probable cost thereof, cause an estimate to be made of said probable cost by the city engineer, or by some other officer of the city, or by a committee of aldermen; and such officer, or committee, shall also report a full list of all fronting lots or fractional lots with number and size of same, and number of block in which situated, and the names of the owners thereof, and such other information as may be required by the city council; and if there be any lot or fractional lot, the owner whereof is not known, the same shall be entered on said list as unknown; and said officer or committee shall enter in said list, opposite each lot or fractional lot, lying and being on each side of the street, avenue, or alley the improvement whereof is contemplated, one-third of the estimated expense of such work or improvement on such avenue, street. or alley, fronting, adjoining, or opposite such lot or fractional lot: upon