Sec. 2. Whereas, the present session of the Legislature is near its close, and as some cities desire to immediately hold an election as contemplated in this act, an emergency and imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted. NOTE. The foregoing act was presented to the governor of Texas for his approval on the ninth day of July, 1879, and was neither approved by him nor returned to the House in which it originated with his objections thereto, within the time prescribed by the constitution, and thereupon became a law without his signature, July 17, 1879. (Signed) JOHN D. TEMPLETON, Secretary of State. Takes effect ninety days after adjournment. SPECIAL LAW. CHAPTER I.—An act to amend the charter of the city of Dallas. Section 1. Be it enacted by the Legislature of the State of Texas, That section three of the charter of the city of Dallas be amended so as to read as follows: "Section 3. The municipal government of the city of Dallas shall consist of a city council composed of the mayor and of two aldermen from each ward. A majority of the aldermen elect shall constitute a quorum for the transaction of business, except at called meetings, or meetings for the imposition of taxes, when two-thirds of a full board shall be required. The other officers of the corporation shall be a secretary, a treasurer, an assessor and collector, a city attorney, a city engineer and city marshal, and such other officers and agents as the city council may from time to time direct. The aldermen, mayor, city marshal, and the assessor and collector shall be elected by the qualified electors of the city of Dallas, as now provided for by the city charter. A city secretary, city attorney, treasurer and city engineer shall be elected by the city council at its first regular meeting in May, 1880, and every two vears thereafter." Sec. 2. That section fifty-eight of same charter be amended by the addition of the following words: "Whenever the city council, as provided by charter, shall fix the compensation to be paid any officer, whether elected by the people or the council, they shall make the same a salary payable monthly out of the city treasury, and no officer shall be allowed any fees or perquisites of office, but all costs and penalties shall go into the general fund. No officer's salary shall be fixed at a sum to exceed one hundred dollars per month, except the salary of assessor and collector, which shall not exceed three thousand dollars per annum.” Sec. 3. That section ninety-nine (99) of the charter of said city shall be amended so as to read as follows: "Section 99. All persons or corporations owning or holding personal property or real estate on the first day of any calendar year, shall be liable for all municipal taxes levied thereon for the fiscal year beginning the April next following said January." Sec. 4. That section one hundred (100) of the charter of said city be amended by the addition at its close of the following words: "Whenever any person or corporation fails to render his or its property for taxation, or whenever any property is not rendered by the owner, his agent or attorney, the assessor and collector shall assess the same at its cash value, and if the owner is not known then it shall be assessed to unknown owners.” Sec. 5. That section 119 of said charter be amended so as to read as follows: "Section 119. The taxes on all personal property and all poll taxes shall be due and payable on demand, as soon as the levy of taxes is made by the city council, and it shall be and is hereby made the duty of the assessor and collector, by virtue of his rolls, to seize upon and sell personal property sufficient to pay such taxes if the same is not paid on demand. "When the assessor and collector distrains and seizes upon such property, he shall keep the same at the expense of the owner until sale is made, and shall give notice of the time and place of sale of the same by posting a written notice at the court house door in the city of Dallas and one other public place; the notice to be given at least ten days before the day of sale. He shall sell the same to the highest bidder for cash for all taxes, interest and costs, and expenses in caring for said property, and shall make an entry in the book of sales of the amount realized." Sec. 6. That sections one hundred and thirty-five and one hundred and thirty-six of said charter be amended so as to read as follows: "Whenever any real property is bid off to the city for delinquent taxes, or to any individual, the owner, his agent or attorney, may redeem the same at any time within two years from date of sale by paying the following amounts: All taxes paid or due, ten per cent. interest per annum on said amount of taxes from the time they became delinquent, and two and one-half dollars ($2 50) as costs on each piece of property sold, and, as a further penalty, a sum equal to twenty-five per cent. of the amount of the delinquent tax if redeemed in three months; fifty per cent. penalty if redeemed in six months; seventy-five per cent. penalty if redeemed in one year; and one hundred per cent. penalty if redeemed thereafter with, in two years; the said penalty to go to the purchaser at tax sale, whether said purchaser be the city or an individual. The assessor and collector shall in no case be entitled to any fees or costs because of delinquent taxes, but all charges and penalties shall go into the city treasury. Whenever any property is bid in at the tax sale by the city or an individual an entry shall be made in the book of sales; provided further, that all property heretofore sold for delinquent taxes and purchased by the city, may be redeemed by the owner, his agent or attorney, on or before the expiration of two years from the time of sale of said property, and not thereafter, but in no case shall any forfeiture of said property be had before January 1, 1880." Sec. 7. That section one hundred and sixty-five of the said charter of said city be amended by the addition of the following clause: "The city council may at any time advance money out of the general fund to procure right of way for opening a street, said money to be returned to the general fund out of the special tax fund whenever collected.” Sec. 8. The near approach of the end of the present session creates an imperative public necessity that the rule requiring bills to be read on three several days to be suspended, and the same is hereby suspended; and the fact that the time is near at hand for the collection of the city taxes of said city, and the further fact that the present bill reduces greatly the expenses incidental to the collection thereof, and changes the pay of certain officers of said city, creates an emergency that this act go into effect immediately; therefore, this act shall take effect and be in force from and after its passage, and it is so enacted. Approved July 9, A. D. 1879. Takes effect from and after its passage. JOINT RESOLUTION. No. 1.-Joint Resolution authorizing the state librarian to turn over to the Agricultural and Mechanical College of Texas specimens of mineral and other geological specimens in the geological department in said library in certain cases, and copies of all public documents of the state, published for distribution, and all apparatus belonging to the old geological survey. Section 1. Be it resolved by the Legislature of the State of Texas, That the state librarian be and he is hereby authorized and required to turn over to the Agricultural and Mechanical College of Texas the duplicate specimens in the hands of the agent of the International railroad company of all minerals and other geological specimens in the geological department in said library, and copies of all public documents of the state published for distribution, and apparatus belonging to the old geological survey, for the use and benefit ofsaid college. Sec. 2. That said librarian be required to take an inventory of all specimens thus turned over to said college by him, and file the same in his office. Sec. 3. The near approach of the close of this session of the Legislature, and the pressing need of geological specimens at said college for the better instruction of its pupils, create an imperative public necessity for the suspension of the constitutional rule requiring this resolution to be read on three several days; therefore, be it further resolved, that the constitutional rule be suspended and this resolution take effect and be in force from and after its passage. Approved July 9, A. D. 1879. Takes effect ninety days after adjournment. THE STATE OF TEXAS, I, John D. Templeton, 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 special session of the Sixteenth Legislature, convened at the city of Austin on the tenth day of June, A. D. 1879, and adjourned on the ninth day of July, A. D. 1879. In testimony whereof, I hereto sign my name and affix the seal of the State of Texas, at Austin, on this the twenty-fifth JOHN D. TEMPLETON, Secretary of State. [L. S.] day of July, A. D. 1879. INDEX TO GENERAL LAWS. Accounts for which there are no appropriations, to be presented to comp- troller, when.... Advertisement- of sales of land for taxes, regulated. Agricultural and Mechanical College to receive from state librarian cer- tain geological and mineral specimens. Agents-who are for insurance companies. Alternate Sections of Land-to be sold and funds invested, how. for contingent expenses of extra session of the Sixteenth Legislature.. for quarantine purposes.. supplemental, for support of state government from March 1, 1879, to for purchasing additional land for penitentiaries. Arbitration, Commissioners of-act creating office of. powers and duties of.. 32 46 53 32-3 Board-to dispose of useless property, who compose. of veterans, pay of........ shall have a seal. salaries Armstrong County-attached to Wheeler county for judicial and organization Atascosa County-time of holding court in. Attorney General-duty of, in reference to judgments in favor of the state.. to purchase land for penitentiaries, who compose. to dispose of judgments in favor of state, who compose. Bonds-coupon, in state treasury to credit of certain funds to be changed into Briscoe County-attached to Wheeler county for judicial and organization purposes Callahan County-jurisdiction of county court of, diminished. Cars-sleeping, dining, etc., tax on... Carson County-attached to Wheeler county for judicial and organization purposes purposes Cass County-time of holding court in. jurisdiction of county court of, diminished. purposes Cities and Towns-authorities of, to co-operate with commissioners' courts justices and mayors or recorders to have concurrent jurisdiction in.. may vote tax for free schools. Clay County-time of holding court in. Castro County-attached to Wheeler county for judicial and organization Childress County-attached to Wheeler county for judicial and organization 29 28 Clerks bill of costs, how made out.. Code, Civil-article 1136, chapter 1, title 28, amended. articles 4759a, 4759b and 4759c, added. 41 12 17 19 20 23 36 36 38 Code, Penal-act to provide for printing, etc., amended Code of Criminal Procedure-article 896, chapter 1, title 11, amended. act to provide for printing, amended chapter 3, title 15 amended by adding articles 1075 and 1076. Collingsworth County-attached to Wheeler county for judicial and organi- zation purposes Comal County-time of holding court in Commissioners' Courts-to co-operate with city authorities in reference to sanitary measures to sell certain judgments in favor of counties to examine delinquent list of taxes furnished by comptroller duty of, with reference to sale of alternate sections of school land. rules of practice in 31 judgments and decrees of, how enforced 31 appropriation for ... 31 Community property-act providing for record to distinguish, repealed 30 10 to furnish to commissioners' courts abstract of delinquent list of taxes.. Comanche County-jurisdiction of county court of, diminished. Convicts-act providing for contract for conveying, to penitentiary, amended. 27 County Courts-judgments rendered in certain, to be transferred to district courts jurisdiction of, in certain counties diminished Costs to appoint health officer where there are no town or city authorities. Cooke County-time of holding court in Dallas County-time of holding court in Dallam County-attached to Wheeler county for judicial and organization purposes Debt, (State bonded)-one-half of proceeds of sale of public land to be ap- public, appropriation for interest and sinking fund 3-4 Deaf Smith County-attached to Wheeler county for judicial and organiza- District Court-time of holding in fifth judicial district 32 10 34 5 |