upon

follows: One certificate for one half the sum assessed against each property owner when the respective block in which such owners property is situated, shall have been completed and one certificate for the balance, the completion of the contract and the acceptance of the work by the mayor. Such certificate shall bear interest from the date thereof, at the rate of eight per cent per annum, which rate shall be expressed therein, and when issued in accordance with the provisions of this section shall be evidence that all the requirements and prerequisites of the law have been complied with. Should the property owner fail to pay the amount of such certificate when the same becomes due, the owner thereof may institute suit for the enforcement of the tax, and the foreclosure of the lien provided for, in any court having jurisdiction. Provided that the city alone shall pay for the improving of the intersections of the streets from block to block across the street either way: and provided further, that no one shall be made to pay for any improvement done on any street that may be paved or otherwise improved as hereinbefore provided, save for the proportional part of the street that may be in front of his property, and that any railroad or street railway company shall be liable for any grading, paving or other improvement made upon any portion of said streets used or occupied by such companies. To secure the safety and convenience of passing in the streets, side-walks 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 craft 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 or within such prescribed limits as may be established by the city council, to establish and maintain a 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 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 disagreeable to the occupants 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 gun powder or other explosive material, kerosene oil or other inflammable oils being stored within the city limits in such quantity as to endanger the safety of adjacent property; to provide means for the protection against an 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 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 to make regulations concerning the same; to regulate weights and measures in the city, affix penalties for violation, fix standards, &c.; 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 rates of charges, to direct. and control the laying and construction of railroad tracks, turnouts and switches, and to require that they 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 the 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 craft, 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 the 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 purpose for which the same is proposed to be taken and applied; fourth, the supposed value of the property to be condemned; fifth, the prayer that the same be condemned to the public use for the purpose stated, and upon the filing of such petition, like prochceedings shall be had thereon as in other civil suits, and when personal

eze

oride service cannot be had by reason of the defendant being a non-resident,

and or unknown, service by publication shall be made as provided in other

to sup

ent: t cases in the district court, and upon trial the court shall proceed to ren

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or expe

der judgment, condemning the land to the public use, upon the payment of the value thereof as assessed by the jury, and upon any suit being othe Drought 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 plaintiffs, including reasonable fees of the attorney, which the court shall appoint to represent the defendant when cited by publication. No person shall erect any building or fence in the city of Houston without first obtaining a permit in writing from

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the mayor and having the lines of his property established by the city engineer.

SEC. 31.[21] That the city council shall have power by ordinance annually to levy, assess and collect a tax not exceeding two per cent ad valorem, upon all real and personal property in the city of Houston not exempt from taxation, and to determine when taxes shall be paid by corporations, or by the individual incorporators, and to levy, assess and collect from each male citizen of the city, over the age of twenty one years, an annual poll tax of one dollar. All taxes upon real estate shall be a lien and charge upon the property, which lien may be foreclosed, and the tax collected by suit, in any court having jurisdiction. All taxes not paid within the time prescribed by the ordinances shall bear interest at the rate of ten per cent per annum. All real and personal property held, owned or situated in the city of Houston shall be liable for all taxes due by the owner thereof, including taxes on real estate, personal property and poll tax, and all personal property may be levied upon, seized and sold by the assessor and collector, for any taxes that may be due, without further warrant of authority than the production of his tax roll, which sale when made shall convey a perfect title to the purchaser thereof. It shall be the duty of every person owning, or holding property in the city of Houston to render to the assessor and collector of taxes at his office in said city annually, within the time prescribed by the ordinances of said city, a full and complete inventory of all property so owned or held by him, whether real or personal and to take and subscribe an oath as to the correctness of such inventory, which oath may be administered by the assessor and collector in person or by deputy. All taxes shall be payable at the office of the assessor and collector, and no demand by him shall be requisite or necessary to enforce the collection thereof by any proceedings herein prescribed. The assessor and collector shall inventory and assess all property which the owners thereof may fail or refuse or may have failed or refused to inventory and assess for any previous year, which inventory and assessment when so made by him shall be as valid and effective as if made by the owner thereof.

SECTION 33. That the city council may and shall have full power to provide by ordinance for the prompt collection of all taxes levied, assessed and due or becoming due to said city, and to that end may and shall make such rules and regulations and pass such ordinances as it shall deem necessary to the levying, laying, imposing, assessing and collecting of any of said taxes, and to regulate the mode and manner of making out tax lists and inventories, and the appraisement of property thereon, and to prescribe the oath that shall be administered to each person on such rendition of property, and to prescribe how and when property shall thus be rendered; and to fix the duties and define the powers of the assessor and collector of taxes; and adopt such measures as they may deem advisable to secure the assessment of all property in the limits of the city, and collect the taxes thereupon in current money of the United States; or otherwise as herein provided, and may by ordinance provide that any person, firm or corporation having or controlling property in said city, ubject to taxation, and failing and refusing to render a list, inventory and appraisement thereof, verified as may be required by any ordinance of said city shall be liable to fine and imprisonment; that the city council shall appoint annually from its own members, at such times as it may determine, three appraisers, who shall be styled the Board of Appraise

ment and whenever the party rendering the property for assessment, and the assessor and collector can not agree in the valuation of such property, it shall be referred to said board and their action in appraising the same shall be final, unless notice of dissatisfaetion with said action is given within five days after their decision; and the party giving such notice shall have the right of appeal to the council. It shall be the duty of said board of appraisement to meet at least once during every year, and carefully to examine the values of property rendered to the assessor and collector, and rendered by him for delinquents, and if it shall appear to said board that the values assessed are too low or too high, they shall have full power to raise or lower the same, and from the action of said board there shall be no appeal. Said board shall not raise the value on any property assessed for taxation by the owner thereof without first notifying such property owner of its intention to so raise the same, which notice shall be directed to the person giving in the assessment, and deposited in the post office in the city of Houston, and said notice shall be mailed at least three days before any action is taken by the board. The raising of the value of any property by said board shall be prima facie vidence that all requirements of the law have been complied with. The city council may if it sees proper adopt, as circumstances will permit, the same mode and manner of assessing and collecting taxes as may be prescribed by law for assessing and collecting State taxes, and all taxes due the city may be collected by an action of debt in any court having jurisdiction. The assessment roll shall be taken as prima facie evidence of the statement made therein, and the city shall have the equal right to become the purchaser at all the sales of property for taxes due it, made under judgment or otherwise. Nothing but current money of the United States shall be collected or re ceived in payment of taxes and licenses due or hereafter assessed, and scrip which may be issued for pavement of streets and constructing side walks, and for city water works, which shall express upon its face the purpose for which it is issued, and coupons and scrip made receivable for taxes on the face thereof shall be receivable for all taxes except the bond tax.

SEC. 35. That it shall not be necessary in any action, suit or proceed ing in which the mayor, aldermen and inhabitants of the city of Houston shall be a party, that any bond or security shall be given, but all actions, suits or proceedings shall be conducted as if such bond or security had been given and in all judicial proceedings it shall be sufficient to plead any ordinance of the city by caption without embodying the entire ordinance in the pleadings; and all printed ordinances or codes of ordinances shall be admitted in evidence in any suit, and shall have the same force and effect as the original ordinance. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution, nor shall the funds belonging to the city in the hands of any person be liable to garnishment, nor shall the city or any of its officers or agents be required to answer to any writ of garnish

ment.

SEC. 36. That the following property shall be exempt from taxation, to wit: All lands used exclusively for graveyards, or grounds for burying the dead, except such as are held by any person, company or corporation with a view to profit, or for the purpose of speculation in the sale thereof; all buildings belonging to institutions of purely public charity, together with the lands belonging to and occupied by such institutions

not leased or otherwise used with a view to profit, and all moneys and credits appropriated solely to sustaining such institutions, together with such other property as is exempt from taxation by the laws of the State of Texas.

SEC. 40. That all works of improvements and public works for said city, the cost of which will exceed the sum of one thousand dollars, shall be let out to the lowest or best bidder in the discretion of the council, by sealed proposals, and no contract shall be made or entered into, until the plans and specifications for such work or improvement shall have been prepared and submitted to the council and adopted by it, and an advertisement published in at least four issues of some daily paper published in the city, inviting bids therefor, and stating the time when such sealed proposals will be opened. Provided: that if no bids be received or those received be rejected by the city council, the city may in its discretion proceed to have such work or improvement done under the direction of a committee from its membership. City printing and all repairing of bridges or other similar work, of which it is manifestly impossible to make specifications, are not embraced in this requirement. No bid shall be considered unless made in accordance with the plans and specifications, and no allowance for extra work shall ever be made or paid for. The sealed proposals shall be addressed to the city secretary and treasurer, and shall only be opened in the presence of the city council, at a regular meeting. Bond and security to be fixed and approved by the city council shall be required of all contractors. The taking of any contract, or any interest therein, openly or secretly, directly or indirectly, by any officer of the city, shall ip[s]o facto work a forfeiture of the contract and the consideration thereof, and shall create a vacancy in the office held by the party taking the same.

act.

SEC. 45. That this act shall be deemed a public act, and judicial notice shall be taken thereof in all courts. No general law hereafter passed by the Legislature of the State shall be held to repeal any power herein granted, or which is now vested in the corporation of Houston, unless the act conferring such power be specially referred to in such repealing Whereas there are no laws in force, providing for the paving, im proving and repairing of the streets and sidewalks of the city of Houston and for the collection and enforcement of the taxes due to the corporation, and said corporation is greatly in need on that account, there exists an imperative public necessity for dispensing with the constitutional rule requiring this bill to be read on three several days in each house of the Legislature, and an emergency exists which requires this act to take effect from and after its passage, and it is so enacted. Approved March 13, 1883.

Takes effect after passage.

No. 4.

An Act to authorize and grant to E. S. Crosby the right to construct, maintain and use a boom across the Brazos river in McLennan county, for the stoppage of floating material.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That E. S. Crosby of McLennan county, his heirs and assigns are hereby