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on the banks of Buffalo bayou within the limits of the corporation, and make such other improvements as may be necessary for the better navigation of said bayou and for the convenience of landing vessels and their cargoes, and to levy contributions upon all vessels and their cargoes as may land at said wharves, and to demand and collect the same, to defray the expenses of such improvements and repairs.

Sec. 28. That whenever any steamboat or other craft shall sink in the Buffalo bayou above Harrisburg and the navigation be obstructed thereby, it shall be the duty of the mayor of the city of Houston to appoint three good and discreet commissioners to inspect and examine the same and its condition and immediately to report in writing their opinion, stating whether in their opinion the boat or craft sunk can be or is likely to be raised or removed within the space of ten days after their examination; and should they be of opinion that such boat or craft is not likely to be raised so as to open the navigation within twenty days from the time of their examination, then and in that case the mayor and aldermen of the city of Houston may order the removal of such boat or craft so sunk in any manner they shall deem proper, without incurring any penalty for the same.

Sec. 29. That said corporation of the city of Houston is hereby given full power and authority to take such steps to preserve and improve the navigation of the said Buffalo bayou above the town of Harrisburg as they may think proper; and for that purpose they are authorized to levy and collect a tax on all steamboats and other crafts running in said bayou to the city of Houston for the purpose of improving navigation thereof; provided, that the power in this section shall not be construed to give said corporation any jurisdiction or control over said Buffalo bayou or the banks thereof in any manner beyond or without the corporate limits of said city, except for the purpose of protecting or improving the navigation of said bayou, and shall not give said corporation jurisdiction or control to prevent or interfere with the construction of any railroad or other bridges by any company or person across said bayou in such manner as not to interfere with the navigation of said bayou.

Sec. 30. That the city council, by a vote of the majority of the whole number of aldermen taken by "yeas and nays," and entered upon their journal, shall have power to assess, license and tax hawkers, peddlers, auctioneers, theatrical and other exhibitions, shows and amusements, billiard tables, nine and ten pin alleys, alleys with any number of pins, public drays, wagons, omnibuses and carriages, grog shops, tippling houses and dram shops, beer saloons (whether for the sale of domestic beers or otherwise), and such other trades or occupations not especially mentioned herein, as may be taxed by the laws of the state; but no assessment or license tax levied under this section shall exceed one-half the amount levied by the state for the same period on such profession or occupation, and the same may be regulated, levied and collected in the same manner as said taxes are regulated and collected by the state.

Sec. 31. That the city council shall have power, by ordinance, to annually levy, assess and collect taxes not exceeding two per cent. ad valorem upon all real and personal estate and property in the city, not exempt from taxation, and to determine when taxes shall be paid by corporations, and when by individual corporators, and to levy and collect from each male inhabitant of the city, over the age of twenty-one years, an annual poll tax of one dollar. All taxes on real estate shall be a lien

and charge upon the property, and it may be subjected to the payment of the same.

Sec. 32. That the license tax shall be collected by the assessor and collector of taxes, and shall be paid to that officer in current funds of the United States, by each and every person or firm owning such license and before engaging in any trade, profession, business calling, avocation or occupation subject to such tax, taking his receipt therefor, which receipt. shall entitle him, her or them, to a corresponding license, to be issued by the mayor, and if any person shall engage in any business, calling, avocation or occupation, which, by an ordinance of said city, is subject to a license tax, without first having obtained such license, he, she or they shall be liable to arrest and imprisonment and a fine of ten dollars for each and every day such violation of said ordinance may continue; and this section shall apply to all persons owing license and failing to pay the same; and the city council may make such further regulations as it deems necessary to enforce the provisions of this section and punish the violation thereof.

Sec. 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 therein; 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, subject 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 time as it may determine, three appraisers, who shall be styled the board of appraisement, and whenever the party rendering the property for assessment and the assessor and collector cannot agree in 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 or party rendering the same shall have an opportunity of being heard. Said board shall also appraise all property assessed as unknown or unrendered, and shall receive such reasonable compensation for the services as the city council shall allow. 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 rolls 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 sales of property for taxes due it, made under judgments or otherwise. Nothing but current money of the United States shall be collected or received in payment of taxes and

licenses due or hereafter assessed, and scrip which may be issued for pavement of streets and constructing sidewalks, and for city waterworks, 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. 34. That the said corporation shall not be liable to any person for damages for injuries caused from streets, ways, crossings, bridges or sidewalks being out of repair from gross negligence of said corporation unless the same shall have remained so for ten days after special notice in writing given to the mayor or street commissioner.

Sec. 35. That it shall not be necessary in any action, suit or proceeding in which the mayor, aldermen [or] inhabitants of the city of Houston shall be a party that any bond or security shall be required; but all actions, suits or proceedings shall be conducted as if such bond or security had been given. The property, real and personal, belonging to the city, shall not be liable to be sold 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 garnishment.

Sec. 36. That all cemetery lots which have been or may hereafter be laid out by said city or in any private cemetery grounds, together with all monuments or railings upon the same, shall with all their appurtenances forever be exempt from taxes, executions, attachments or forced sale, and the property of all churches, masons, odd fellows, or other chariitable associations, used by them for places of meeting, both real and personal, bonds of the United States and bonds of the city of Houston, shall not be subject to tax under this act.

Sec. 37. That no person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant or freeholder in the city of Houston, in any action or proceeding in which said city may be a party interested, and all officers of said city shall be exempt from jury service while holding office.

Sec. 38. That the city council shall annually appoint, by ballot, one person from each ward of the city who, together with the mayor as president thereof, shall constitute a board of health of the city. The city council may appoint a health physician and as many health inspectors as they may deem necessary, and shall prescribe by ordinance the powers and duties of the board and its members; and the secretary of the city council shall be clerk of the board of health and shall keep a record of their proceedings.

Sec. 39. That the city council shall have power to take such measures as they deem effectual, to prevent the entrance of any pestilential, contagious or infectious diseases into the city, to stop, detain and examine for that purpose any person coming from any place infected or believed to be infected with such diseases; to establish, maintain and regulate pest houses or hospitals within the city, or not exceeding five miles from its bounds; to cause any person who shall be suspected of being infected with any disease to be sent to such pest house or hospital; to remove from the city or destroy any furniture, wearing apparel or property of any kind which shall be suspected of being tainted or infected with pestilence; to prevent persons from infected places coming into the city of Houston. and to adopt any sanitary measures whereby the health of the city may be protected and improved; but said corporation shall not have. power or authority to prevent railroad trains and passengers therein:

from passing through said city, but may regulate the speed of such trains passing through and prevent their stopping.

Sec. 40. That all works of improvement and all public works for said city, exceeding the sum of five hundred dollars ($500) in cash, 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 after the plans and specifications shall have been prepared and submitted to the council and approved by it, and afterwards 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. City printing, and all repairing of bridges or other similar work, of which it is manifestly impracticable to make specifications, are not included in this requirement. No bid shall be considered unless made in accordance with the plans and specifications so published, 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, and the bidders shall have the right to be present. Bond and security to be 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 ipso facto work a forfeiture of the contract and the consideration thereof, and shall vacate the office held by the party taking the same.

Sec. 41. The city council shall have power and authority to borrow money on the credit of the city, and issue bonds therefor to an amount not to exceed one hundred thousand dollars, during any one year; to create a debt during any one year exceeding one hundred thousand dollars, the question must be submitted to the taxpaying voters of the city, and if two-thirds of the votes polled shall be in favor of creating such debt, it shall be lawful for the city council to authorize the issuance of the bonds for the amount named in the resolution or ordinance submitting the question to the voters. No bonds shall be issued drawing a greater rate of interest than ten per cent. per annum, but shall not be invalid if sold for less than their par value. All bonds shall express upon their face for what purpose they were issued. When any bonds are authorized to be issued in the same ordinance, a fund shall be provided to pay the interest and two per centum per annum on the principal as a sinking fund to redeem the bonds; and the two per cent. sinking fund shall be invested in the bonds of the city, or in United States bonds. The appropriation made for the interest and sinking fund shall under no circumstances be diverted to any other purpose. The city council may make an appropriation from the general revenues in aid of public schools within the limits of the city by a vote of the majority of the whole number of aldermen elected.

Sec. 42. That the city council shall make all necessary regulations concerning elections and provide for officers to conduct the same, and for the examination and counting of the returns of elections.

Sec. 43. That the general election of the officers of the city shall take place on the first Monday in April, 1880, and every two years thereafter; and the present incumbents shall hold over until their successors, elected at the first election, shall qualify. No election of city officers shall be held on the day of state or county election.

Sec. 44. That an act entitled "An act to consolidate in one act and amend the several acts incorporating the city of Houston, in Harris

county, passed August 2, 1870," and all other acts relative to the incorporation of the city of Houston, in conflict with this act, be and the same are hereby repealed; but all property, actions, rights of action, claims and demands of every nature and kind whatever vested in said corporation under and by virtue of the said laws hereby repealed, shall vest in, and remain, and enure to the said corporation under this act as fully and completely, in all respects, as if the said laws had not been repealed; and all by-laws and resolutions and ordinances made and passed under or in pursuance of said laws hereby repealed, shall continue and remain in full force and effect until repealed by the proper authorities of said corporation.

Sec. 45. That this act shall be deemed a public act and judicial notice shall be taken thereof in all courts.

Sec. 46. Whereas, the end of the session is approaching, and the interest of the people of the city of Houston demand that this act should be passed at the present session of the Legislature, therefore an emergency exists, and an imperative public necessity demand that the constitutional rule requiring this bill to be read on three several days be suspended and this act take effect and be in force from and after its passage; provided, however, that the present officers of the city of Houston shall continue in their present offices until the first Monday in April, A. D. 1880. Approved April 21, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXII.-An act to validate the sale of certain town lots and county lands in the county of McCulloch.

Section 1. Be it enacted by the Legislature of the State of Texas, That the sale of town lots and county lands situated in and adjoining the town of Brady, in the county of McCulloch, and State of Texas, heretofore made at private sale, by the agent, or agents, commissioner or commissioners, be, and the same are hereby made as legal and valid as if made in strict conformity with law.

Sec. 2. Whereas, an irregularity exists in the sale of said lands and lots, liable to cause confusion in years to come; and, whereas, the notice required by the constitution has been given of an application for the passage of this act; and, whereas, this session of the Legislature is fast drawing to a close, which necessitates the suspension of the rule requiring bills to be read on three several days, and as an imperative public necessity, and emergency exists for the immediate passage of this act, it shall, therefore, take effect and be in force from and after its passage. Approved April 21, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXIII.-An act to authorize Messrs. Cunningham & Ellis, lessees of the State Penitentiary, to sue the state.

Whereas, Messrs. Cunningham & Ellis, lessees of the state penitentiary, claim that the State of Texas is indebted unto them in the sum of seven thousand seven hundred and eighty dollars for which they claim

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