expended, nor shall any improvement be ordered involving an expenditure of money except by ordinance, the provisions of which shall be specified and definite.

Every ordinance which shall have been passed by the city council, shall before it becomes a law, be presented to the mayor for his approval; if he approve, he shall sign it; if not, he shall return it, with his objections to the board of aldermen, which objections shall be entered at large on the journal and the ordinance shall be reconsidered. If after such reconsideration, two-thirds of the members of the board shall agree to pass the same, it shall be in force as an ordinance. In all such cases the votes of the city council shall be taken, yeas and nays, and entered on the journal. If any ordinance shall not be returned by the mayor with his objections in writing at the next meeting of the council, the same shall be in force as an ordinance in the same manner as if he had approved and signed it. Every resolution of a general character, or relating to any matter in which the public are interested, shall be presented to the mayor and before the same shall take effect, shall be proceeded upon in the same manner as in case of an ordinance. The style of the ordinance of the city shall be: "Be it ordained by the city council of the city of Austin.”

Every ordinance imposing any penalty, fine, imprisonment or forfeiture, for violation of its provisions shall, after the passage thereof, be published in every issue of a daily paper for ten days.

Ordinances passed by the city council and requiring publication shall be in force from and after the publication thereof, unless it be therein otherwise expressly provided.

Ordinances not requiring publication shall take effect and be in force from and after their passage, unless it shall be therein otherwise expressly provided. All ordinances of the city when printed and published by authority of the city council, shall be admitted and received in evidence in all courts and places without further proof. All ordinances, regulationsand resolutions now in force in the city of Austin and not in conflict with this act shall remain in force under this act until altered, modified or repealed by the city council after this act shall take effect.

Sec. 5. Be it further enacted That article 8, of the above recited act shall hereafter read as follows:

Article 8, Section 1.

That the mayor shall be the chief executive officer of the city, who shall be elected as hereinbefore authorized, by the qualified voters of the city and who shall hold his office for the term of two years and until his successor is elected and qualified. The salary of the mayor shall be six hundred dollars per annum with no fees of office, this salary being in tended not as a compensation for services in the performance of his duties as mayor, but only as a reimbursement for expenses incident to and growing out of his position. No person shall be mayor who at the time of his election is not possessed of the qualification required for an alderman or who holds any lucrative office under authority of the United States or any State; he shall before entering upon his duties take the oath prescribed by the Constitution of this State, and to faithfully and impartially perform his duties. When two or more persons shall have an equal number of votes for the office of mayor, a new election shall be ordered, except in case such election is contested, and whenever an election for mayor shall be contested, the city council shall determine the same by vote. Whenever any vacancy shall happen in the office of

mayor, it shall be filled by election in such manner as shall be provided for by ordinance, in which case the mayor so elected shall hold the office for the unexpired term only. The mayor may be removed from office for any misdemeanor in office by a majority of two-thirds of a full board of aldermen, after trial and conviction in accordance with the laws of the State. The mayor shall have power to nominate, and by and with the consent of the board of aldermen, to appoint all city officers not ordered by this act to be otherwise elected; provided, any alderman may also make nominations for any of the city officers herein referred to. The mayor shall sign the commissions or appointments of all persons elected by the city council, and shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. He may suspend and by and with the consent of council, remove from office any person holding an office made elective by the city council under this act, or hereafter created by ordinance. He shall have power when he deems it necessary, to require any officer of the city to exhibit his account or other papers, and it shall be his duty to make report to the council in writing, regarding any errors or deficiencies he may discover in said accounts or papers. The mayor shall preside at all the meetings of the city council, except as herein otherwise provided and shall have a casting vote when the council is equally divided and not otherwise. He shall from time to time communicate to the city council such information and recommend such measures as in his opinion may tend to the improvement of the finances, health, security, ornament and general prosperity of the city. The mayor or any two councilmen shall have power to call special meetings of the city council, the object of which shall be submitted to the council in writing and the call and object thereof shall be. entered on the journal by the clerk. The mayor shall take care that the laws of the State and the ordinances of the city are duly enforced, respected and observed within the city and he is hereby authorized to call on every male inhabitant of the city over eighteen years of age and under the age of fifty years, to aid in enforcing the laws and ordinances. of the city, and any person who shall not obey such call shall forfeit to the city a fine not exceeding five hundred dollars. The mayor, by and with the consent of the council shall have power to remit fines and forfeitures and to grant reprieves and pardons for all offenses arising under the ordinances of the city. He shall have power to solemnize marriages and to administer oaths of office. In case of the temporary absence or illness of the recorder or in case of vacancy in the office of recorder, the mayor shall have like power with the recorder to try all cases of violation of the city ordinances and it shall be his duty to do so, unless such vacancy temporary or otherwise shall have been filled as provided in this act. Sec. 6. And be it further enacted, That article nine of the above recited shall hereafter read as follows:

Article 9, Section 1.

At the first meeting of the city council elected under this act and every two years thereafter the city council shall upon nomination by the mayor, or any alderman, proceed to elect an assessor and collector, a recorder, a city marshal, a treasurer, a city physician, a city clerk, a city attorney and a city engineer, who in addition to the duties prescribed by this act shall perform such other duties as have been, or may be prescribed by ordinance. They shall hold their offices for two years and until their successors are duly qualified and may at any time be removed

from office by a majority of two-thirds of a full board of aldermen. Such other officers, servants and agents of the corporations as the city council may deem necessary for the proper administration of the city government and for the interest of the city may be provided for by ordinance and elected in the same manner as the officers mentioned in this section and for such terms of office as the city council may determine. After every election of city officers by the council, the council shall immediately proceed to fix the salaries of such officers and the salaries so fixed shall not be lessened during the term of office for which said officers were elected; provided, the salary of the assessor and collector shall not exceed fifteen hundred dollars per annum, inclusive of all commissions that may be allowed by the city council, the salary of the city marshal shall not exceed twelve hundred dollars per annum, the salary of treasurer shall not exceed six hundred dollars per annum, the salary of city physician shall not exceed six hundred dollars per annum, the salary of city clerk shall not exceed twelve hundred dollars per annum, the salary of city engineer shall not exceed twelve hundred dollars per annum, exclusive of such fees as he may be allowed by the city council to charge private parties for services rendered them, the salary of recorder shall not exceed twelve hundred dollars per annum with no fees, and the salary of city attorney shall not exceed fifteen hundred dollars per annum and such fees as may be allowed by ordinance for attending to cases of appeal before the county and Supreme Courts. The city attorney shall by himself or deputy appear and prosecute all cases in the recorder's court arising under the provisions of this act and the ordinances of the city. It shall be the duty of the city attorney to prepare and draw up all complaints for misdemeanors and to cause all necessary witnesses to be summoned on the part of the prosecution and he shall have full power and authority to administer oaths to persons making complaints before the recorder's court. The usual attorneys fees, or such as may be prescribed by the city council, shall be charged and collected as other fees and when collected shall be paid to the assessor and collector as a part of the revenue of the city. The city attorney shall attend the meetings of the city council to give his advice, and he shall give his opinion upon all legal questions arising under the city government and perform such other duties in connection with his office as may be required by the city council. He shall be a licensed lawyer and competent to discharge the duties required of him by the provisions of this act and the ordinances of the city. Sec. 7. And be it further enacted, That Article ten of the above recited act shall hereafter read as follows:

Article 10, Section 1.

The recorder shall be the chief judicial magistrate of the city and as such shall hold a court within said city by the name of the Recorder's Court of the city of Austin which said court shall have jurisdiction and cognizance in all misdemeanors, breaches of the peace, infractions of the ordinances, and all other causes arising under the laws of said city, subject however to an appeal to the county court in the same manner as appeals are taken and granted from justices' courts to the county court under the general laws of the State; and in all cases of appeal from the recorder's court to the county court either party shall have the right to appeal from the judgment of the county court to the Supreme Court under the general laws of the State. The recorder may require of any person arrested under the provisions of this (529)

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act, or of the ordinances of the city, a bond for his or her good behavior and to keep the peace, with two good and sufficient sureties, which bond thority to issue subpoenas for witnesses and to compel their attendance by shall be payable to the city of Austin. He shall have full power and auprocess of attachment. He may issue warrants of arrests, search warrants executions and any other process known to the law which a justice of the peace of this State may lawfully issue, and he may punish all contempts by fines and imprisonment, or either. He shall also have full power and authority to administer official oaths and all other oaths or affirmations, and give certificates thereof. The recorder shall be exofficio justice of the peace and shall possess and execute within the city limits in criminal cases all the powers and duties of such offices, but in no case shall he entertain jurisdiction in civil suits. He shall charge in all cases the same fees which are allowed to justices of the peace for the same kind of services, which shall be charged and collected as other fees and when collected shall be paid into the city treasury for the use and benefit of the city. The recorder shall be a conservator of the peace, and his court shall be open every day except Sunday, to hear and determine any and all cases cognizable before him, and he shall have power to bring parties before him forthwith for trial. Persons arraigned for violation of city ordinances demanding a trial by jury, shall deposit with the city clerk the sum of three dollars, security for the payment of the costs of such jury, unless they shall make oath that they are unable to pay or secure the same, any person convicted of an offense under the provisions of this act, or the ordinances of the city shall be punished by fine and imprisonment, or either and hard labor as may be regulated by ordinance.

The recorder shall perform such other duties as may be prescribed by any ordinance of the city and shall receive a salary not to exceed the sum of twelve hundred dollars per annum. The recorder shall be a licensed lawyer, and competent to discharge the duties required of him by the charter and the ordinances of the city. The fines imposed in the recorder's court for the violation of the city ordinances, shall not be less than five dollars, nor more than one hundred dollars for each and every offense. In case of the illness or temporary absence of the recorder, the mayor may apppoint an acting recorder, who shall take the required oath and receive the same compensation as the recorder during the time of such temporary appointment.

Sec. 8. And be it further enacted that article sixteen of the above recited act shall hereafter read as follows:

Article 16, Section 1.

That the revenues received during each fiscal year shall be applied to the payment of the current expenses of the city government, and the appropriation made during that year; and no debt shall be incurred during any fiscal year except as otherwise provided in Section 3 of this act, or under authority conferred by the Legislature. The city council is hereby prohibited from incurring any expense or making appropriations beyond the receipts of the treasury, so that at the close of any fiscal year, any obligation created during that year shall remain unpaid, except in case of bonds issued as hereinbefore provided, and it is hereby made a misdemeanor for the mayor to draw a warrant upon the city treasury, except on written information from the treasurer, that there is sufficient money in the treasury not otherwise set apart for the immediate payment of said warrant. Such misdemeanor on the part of the mayor shall be punished

by a trial for impeachment by the board of aldermen, and on conviction by a two thirds vote of a full board, by dismissal from office. It is hereby also made a misdemeanor for any alderman to knowingly vote for any appropriation whereby debt shall be created in violation of the provisions of the act. It shall be the duty of the city attorney to report to the grand jury of the county court of Travis county any alderman for such violation of law, the penalty for which after trial and conviction shall be dismissal from office. It shall be the duty of the city treasurer to report to the city council at their first regular meeting in each month the balance of money in the treasury unappropriated. All officers of the city shall take the oath prescribed in this act for the mayor and aldermen, and the present city council shall exercise all of the powers and functions vested in the council under this act.

Sec. 9. And be it further enacted that the amendments to the charter of the city of Austin adopted and ratified by the voters of said city, at an election held on the first Monday in November 1875 and not in conflict with this act shall remain in full force and effect.

This act is declared to be a public act and may be read in evidence in all courts of law aud equity in this State without proof.

All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

The near approach of the end of the session creates an imperative necessity that the rule requiring bills to be read on three several days be suspended; therefore said rule is hereby suspended and this act shall take effect and be in force from and after its passage.

Approved April 17, 1883.
Takes effect from passage.

I, Joseph W. Baines, Secretary of State, of the State of Texas, do hereby certify that the Laws contained in this volume are true and correct copies of the enrolled bills now on file in this department. I further certify that the regular session of the Eighteenth Legislature convened at the city of Austin, on the ninth day of January, A. D. 1883, and adjourned on the thirteenth day of April, A. D. 1883.

In testimony whereof, I hereto sign my name, and affix [L. S.] the seal of the State of Texas, at Austin, on this, twelfth day of May, A. D. 1883.

JOS. W. BAINES,
Secretary of State.