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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

to be entitled to a credit, but which, on the part of the state, is denied; therefore that justice be done in the premises,

Section 1. Be it enacted by the Legislature of the State of Texas, That said Cunningham & Ellis be, and they are hereby authorized to sue the State of Texas, in the district court of Travis county, on said claim, and upon a recovery of judgment by them, the comptroller of public accounts shall allow them the amount of their recovery by way of credit on any settlement thereafter made with said lessees.

Sec. 2. The session of this Legislature being now near its close makes it an imperative public necessity that the rule requiring this bill to be read on three several days be suspended and that this act take effect from and after its passage, and it is so enacted.

Approved April 22, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXIV.-An act to authorize the construction of a ship channel from Corpus Christi across Mustang Island, and to donate land for the same.

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Whereas, The citizens of Nueces county, on February 5, 1879, in convention assembled, for the purpose of making arrangements for increasing the harbor facilities of Corpus Christi, by removing the Bulkhead and opening a free channel to the Gulf by way of Corpus Christi pass, selected as a special committee M. Kenedy, George F. Evans, J. B. Mitchell, C. C. Heath and Wm. Headen, with full power to proceed with the work at their discretion in the best and most practicable way, and to expedite and promote the completion of said public work; therefore,

Section 1. Be it enacted by the Legislature of the State of Texas, That so soon as the aforesaid M. Kenedy, Geo. F. Evans, J. B. Mitchell, C. C. Heath, Wm. Headen and their associates, have completed a channel across the Bulkhead at Corpus Christi pass, to the depth of eight feet, and one hundred feet wide, so that there shall be a continuous depth of eight feet at average tide, from the wharf at Corpus Christi to the bar at Corpus Christi pass, they shall notify the governor of such fact, when he shall appoint some competent person to examine and measure such channel; and if the same shall be found to have been constructed in conformity with this act, then shall the commissioner of the general land office, upon presentation of the certificate of the governor, issue to M. Kenedy, Geo. F. Evans, J. B. Mitchell, C. C. Heath, Wm. Headen and their associates, three hundred and twenty land certificates, of sections of six hundred and forty acres each, which said certificates shall be located and surveyed in alternate sections on any of the unappropriated public domain not previously titled or surveyed, and the state shall not be responsible for any want of domain to locate said certificates upon, the field notes and maps returned to the general land office, and the odd sections patented to said M. Kenedy, Geo. F. Evans, J. B. Mitchell, C. C. Heath, Wm. Headen and their associates, and the even sections reserved to the state for the school fund; provided, said M. Kenedy, J. B. Mitchell, Geo. F. Evans, Wm. Headen, C. C. Heath and associates, shall keep open and maintain said channel free of all toll ortax upon com

merce for ten (10) years, and the work of opening said channel shall be completed within five years from the passage of this act.

Sec. 2. That inasmuch as the closing of the bar at Aransas pass has interrupted and almost paralyzed the transportation of merchandise to Corpus Christi, from which point a large extent of country is supplied, and that an immense quantity of wool and other articles cannot for that reason be forwarded to a market, a public necessity and emergency exist justifying the suspension of the rule and the immediate passage of this act, and that the same take effect from and after its passage, and it is so enacted.

Approved April 22, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXV.-An act to authorize the survivors of Terry's Texas Rangers to erect a monument to the dead of that command in the burying grounds belonging to the state at Austin.

Section 1. Be it enacted by the Legislature of the State of Texas, That the survivors of Terry's Texas Rangers be permitted to erect a monument within the limits of the burying grounds belonging to the state at Austin, at such spot as may be designated by the governor.

Sec. 2. That the late hour of the session at which this act is proposed creates an imperative public necessity that the rule should be suspended which requires a bill to be read on three several days, and it is so suspended.

Approved April 23, A. D. 1879.

Takes effect ninety days after adjournment.

THE STATE OF TEXAS,
DEPARTMENT OF STATE.

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. Ifurther certify that the regular session of the Sixteenth Legislature convened at the city of Austin, on the fourteenth day of January, A. D. 1879, and adjourned on the twenty-fourth day of April, A. D. 1879.

In testimony whereof, I hereto sign my name and affix the [L. S.] seal of the State of Texas, at Austin, on this the seventeenth day of June, A. D. 1879.

JOHN D. TEMPLETON,
Secretary of State.

INDEX TO SPECIAL LAWS.

Aransas Road Company-act for relief of..

Austin City-act authorizing forced sales in Travis county to be made at certain place in, repealed...

Mrs. Florence Whitis authorized to change Laurel street in.

Austin Canal, Irrigation and Manufacturing Company-authorized to con-
struct a dam across the Colorado river, near Austin...
Bayland Orphans' Home-lands granted to, to be patented..
Brady City-sale of town lots in, validated...

Breckinridge-sale of lands in, legalized...

Colorado River-dam across, near Austin, legalized.

Corpus Christi-ship channel from across Mustang Island authorized. Corpus Christi, San Diego and Rio Grande Narrow Gauge R. R. Co.-further

time granted to...

Cunningham & Ellis-authorized to sue the State..

Dam-Austin Canal, Irrigation and Manufacturing Company authorized to

construct across Colorado river.... Dinsmore, Silas-act for relief of heirs of. Doyle, Jackson-act for relief of.. Dockery, Matthew-act for relief of. Fenner, Joseph-act for relief of..

Fishbaugh, William-commissioner of land office authorized to approve bounty land certificate...

Floresville sale of lots and blocks in, valid and binding on Wilson county.. Galveston County-authorized to sell her stock in Gulf, Colorado and Santa Fe railroad ..

Gulf, Colorado and Santa Fe Railway Company-act incorporating amended Galveston county authorized to sell her stock in..

Grand Lodge of Masons, incorporated....

Green, Alexander S.-act for relief of heirs of.
Houston City-charter amended...

Incorporations-Gulf, Colorado and Santa Fe railway company, act incor

porating amended..

Grand Lodge of Masons incorporated.
Victoria, act incorporating amended...
San Antonio, act incorporating amended.
Houston, act incorporating amended.

Corpus Christi, San Diego and Rio Grande Narrow Gauge railroad company, further time granted to..

Lands granted to Bayland Orphans' Home to be patented.
Masons Grand Lodge of, incorporated... .

McCulloch County-sale of lots in town of Brady, validated.
Penitentiary-lessees of, authorized to sue the state...

Railroads act incorporating Gulf Colorado and Santa Fe railroad company

amended

Corpus Christi, San Diego and Rio Grande Narrow Gauge railroad company, further time granted to... Relief granted to Mrs. M. A. C. Wilson.

granted to heirs of Alexander S. Green. granted to Aransas Road company. granted to William Fishbaugh.. granted to heirs of Silas Dinsmore. granted to Jackson Doyle.. granted to Joseph Fenner. granted to Matthew Dockery. San Antonio-charter amended.

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