J s OUT JAN 28 t915 Charter of the City of CoUinsville, Oklahoma Adopted January 9, 1914 and Approved January 19, 19 14 -i'. CHARTER FOR THE CITY OF COLLINSVILLE, OKLAHOMA PREAMBLE. We, the people of the City of Collins - ville, Rogers County, Oklahoma, a city of more than two thousand inhabitants, under the authority of the Constitution and laws of the State of Oklahoma, do ordain and establish this charter for the government of said city. Article I. Name, Boundaries, Succession, Laws and Ordinances, Liabilities, Limitations, Exercise of Power. Section L Name. The corporate name of the municipal corporation here- by continued shall be "City of Collins- ville." Sec. 2. All boundaries and limits to the City of Collinsville are hereby es- tablished and described as follows, and shall so remain until altered or changed in the manner hereinafter provided: Beginning at the southeast corner of section twenty (20), township twenty- two (22) north, range 14 east, Indian meridian; thence north to the northeast corner of the SE14 of the SEy4 of the NEV4 of section twenty (20), township twenty-two (22) north, range 14 east; thence west to the northwest corner of the SWVi of the SW^A of the NE14 of section twenty (20), township twenty- two (22) north, range 14 east; thence north to the northeast corner of the SEl^ of the NWy4 of section twenty (20), township twenty-two (22) north, range 14 east; thence west to the north- west corner of the SEVi of the NW14 section twenty (20), township twenty- two (22) north, range 14 east; thence south to the southwest corner of the SEy4 of the NWy4 section twenty (20), township twenty-two (22) north, range 14 east; thence west to the northwest corner of the NEl^ of the SEi/4 section nineteen (10), township twenty-two (22) north, range 14 east; thence south to the southwest corner of the NE14 of the SE14 section thirty (30), town- ship twenty-two (22) north, range 14 east; thence west to the northwest cor- ner of the SWy4 of the SE% section thirty (30), township twenty-two (22) north, range 14 east; thence south to the southwest corner of the SW14 of the SEl^ section thirty (30), township twenty- two (22) north, range 14 east; thence east to the southeast corner of section thirty (30), township twenty- two (22) north, range 14 east; thence south to the southwest corner of the NW^^ section thirty-two (32), town- ship twenty-two ('Z2), north, range 14 east; thence east to the southeast cor- ner of the SWy4 of the NWy4 of sec- tion thirty-two (32), township twenty- two (22) north, range 14 east; thence north to the northeast corner of the SEy4 of the NWy4 of the NWy4 sec- tion thirty-two (32), tow^nship twenty- two (22) north, range 14 east; thence east to the southeast corner of the NEy4 of the NEy4 of the NW^^ section thirty-two (32), township twenty-two (22) north, range 14 east; thence north to the northeast corner of the SEl^ of the SWl^ section twenty-nine (29) township twenty-two (22) north, range 14 east; thence north to the northeast corner of the SEl^ of the SW^^ section twenty-nine (29), township twenty-two (22) north, range 14 east; thence east to the southeast corner of the SWV4 of the NWi^ of the SE^^ section twen- ty-nine (29), township twenty-two (22) north, range 14 east; thence north to the northeast corner of the NWy, of the NWy4 of the SE14 section twenty- nine (29), township twenty- two (22) north, range 14 east; thence east to the southeast corner -.of, -the SW^,4 of the 1N;EJ^'^: W,tion t^iefi^^-nine (29), town- '"feliip *twenty-two (22) north, range 14 298626 i.-4-'-- east; thence north to the southeast cor- ner of the NW14 of the NE^/i of sec- tion twenty-"nine (29), township twen- ty-two (22) north, range 14 east; thence east to the southeast corner of the NE14 of the NE^A section twenty- nine" (29), township twenty-two (22) north, range 14 east; thence north to the place of beginning. Sec. 3. Additions to Corporation by Petition. When a majority of the own- ers of an addition to the city, which ad- joins the city limits, shall sign a peti- tion, and file the same with the Board of Commissioners, asking that the cor- porate limits of the city be extended so as to include said addition, the Board of Commissioijers shall enter said peti- tion on their journal and shall pass a resolution extending the corporate lim- its so that the said addition shall be included therein and constitute a part of said corporation, and the inhabitants residing thereon and the owners thereof shall be subject to, and entitled to, all privileges of said corporation. Sec. 4. Addition Without Petition. Whenever there shall be laid off and platted an addition adjoining the city and a record of the same is made in the Register of Deeds' office, the Board of Commissioners may by resolution ex- tend the boundary of the city so as to include said addition; and the addition so annexed shall thereafter form a part of the city and be within the jurisdic- tion thereof. Sec. 5. Addition of Unplatted Lands. Whenever the city shall desire to annex contiguous territory thereto not platted or laid (out) or recorded, they shall pass a resolution annexing said terri- tory, and said resolution shall specify the territory annexed, with the boun- daries thereof according to the survey, which resolution, or an attested copy thereof, shall be conclusive evidence in all courts of sucj^.arvnexation. Provid^ed, however, that no'Iafi^ used»^^©r;ag!5(Jul; tural purposes shall he tak'en' wlth'iif the corporate limi^ Jof /tl55;oity**4rjd ^ax-ed to any greater rate than other adjoin- ing lands without the corporate limits of the city; except when such lands shall be surrounded on three or more sides by the corporate limits of the city, then said lands may be taxed at the same rate as adjoining vacant lots within the corporate limits of the city. Sec. 0. Publication and Recording of Plat. Whenever the city shall annex any territory as herein provided, the resolution shall be signed by the Chair- man of the Board of Commissioners and attested by the other commissioners, and the seal of the city affixed thereto. Said resolution shall be published in one issue of one or more newspapers pub- lished in and of general circulation in the city. A copy of said resolution, to- Igether with the plat and map of survey defining the boundaries of such annexed territory, shall be filed in the office of the Register of Deeds of this county. Sec. 7. Succession. The City of Col- linsville shall continue a body politic and corporate and shall have perpetual succession; it shall retain, own, possess and control all records and documents, real and personal property, claims and demands of every kind and nature whatsoever, owned, controlled by or due to the City of Collinsville, at the time this charter becomes effective, and shall have power to prosecute all actions nec- essary to protect or recover the same. Sec. 8. Laws and Ordinances. All provisions of the Constitution and laws of the State of Oklahoma, other than laws specially applicable to cities of the first class, in force at the time this charter becomes effective, or that may be thereafter adopted or enacted, all provisions of the laws of the State of Oklalioma, relative to cities of the first class, in force at the time this charter becomes effective, or that may be there- after adopted, not inconsistent with the provision of this charter applicable to cities having a charter form of gov- ernment, are hereby recognized as gov- •"etning and controlling in and upon the '"f City of CoUinsville. All ordinances, res olutions, or by-laws of the City of Col linsville at the time this charter be- comes effective, not inconsistent with the provisions hereof, shall continue in full force and effect until amended or repealed in the manner provided by law. Sec. 9. Liabilities, The City of Col- linsville shall, and hereby does assume payment of all legal liabilities, debts, demands, bonds, or judgments of every kind or nature whatever, for which the City of CoUinsville may be liable at the time this charter becomes effective, or that may thereafter accrue, but nothing herein shall ue construed to legalize or validate any illegal or invalid demand, or impair any defense against the en- forcement of the same. Sec. 10. Limitations, (a) The enu- meration herein of certain powers as being conferred upon the City of Col- linsville shall not be construed as a lim- itation upon the right of the city to exercise other powers not specifically enumerated and aii powers competent to be exercised by the City of CoUins- ville, under the Constitution and laws 'of the State of Oklahoma, not specifi- cally denied herein, are reserved to the city. (b) The City of CoUinsville shall not dispose of, sell, rent or incumber in any manner, any public utility, or any part thereof, without the approval of a ma- jority of the qualified tax-paying elec- tors of the city, voting at a general or special election called for that purpose, upon not less than twenty days' notice thereof. (c) Tax-paying electors, as in this section provided, shall be held and con- strued to mean electors otherwise qual- ified whose names appear upon the cur- rent tax rolls as having rendered prop- erty, held or situated in the city and subject to taxation for city purposes, or who have a deed, recorded in the office of the Register of Deeds, to property situated in the city and subject to tax- ation for city purposes; and said deed must have been recorded fol- thirty days or more prior to the election at which said party proposes to vote. Sec. 11. Exercise of Powers. All the powers of the city shall be vested in and exercised by its Board of Commis- sioners, except as otherwise herein pro- vided, subject to distribution and dele- gation in the manner herein provided. Sec. 12. General Powers. The City of CoUinsville made a body politic and corporate by this charter, shall have perpetual succession, may use a common seal, may sue and be sued, may contract and be contracted with, implead and be impleaded in all courts and places, and in all matters whatever, may take, hold and purchase lands as may be needed for corporate purposes of this city, and may sell any real estate or personal property owned by it; perform and render all public services, and, when deemed expedient, may condemn prop- erty for public use, within or without the city; and may hold, nianage and control the same; but in every case the city shall make the person or persons whose property shall be taken or injured thereby, adequate compensation there- for, in the manner and method of such condemnation and the method of ascer- taining the compensation therefor as is now or shall hereafter be provided by the general laws of the State of Okla- homa. Sec. 13. The City of CoUinsville shall have power to enact and to enforce ordinances necessary to protect health, life and property and to prevent and summarily abate and remove nuisances, and to preserve and enforce the good government, order and security of the city and the inhabitants of said city, and to enact and enforce any and all ordinances upon any subject; provided that no ordinance shall be enacted in- consistent either with the Constitution or laws of the State of Oklahoma, or in- !cohsis4e«t with tii^ .; provisions of this -chn^t?;r^ aftd, provxlei further, that the specifieatjons of, partioj.ilar powers here- in authorized shall never be construed as a limitation upon the general powers herein granted, it being intended by this charter to grant to and bestow upon the inhabitants of the City of Collins- ville full power of self-government, and it shall have and exercise all powers of municipal government not prohibited to it by this charter, or by some general law of the State of Oklahoma, or by the provisions of the Constitution of the State of Oklahoma. Sec. 14. All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise; all public build- ings, market houses, fire engine sta- tions, public squares, parks, streets, al- leys, and all property of whatever kind, character and description which' has been granted, donated purchased or otherwise acquired by the City of Col- li nsville, through any means or agency, and all causes of action, cases in ac- tion, rights or privileges of every kind and character, and all property of what- soever character or description which may have been held, and is now held, controlled or used by the said City of Collinsville for public uses or in trust of the public, shall vest in, and remain in and inure to the said corporation, the City of Collinsville, under this charter; and all suits and pending actions to which the City of Collinsville heretofore was, or now is, a party, plaintiff or de- fendant, shall in no wise be affected or terminated by the provisions of this charter, but shall continue unabated. Sec. 15. Platting Property. Should any property lying within the city lim- its, as established by this charter, or be hereafter annexed, De hereafter plat- ted into blocks and lots, then and in that event the owners of said property shall plot and lay the same off to con- form with the streets and lots abutting the same, and shall file with the City I Engineer a correct map of same; pro- vided, that in nb; i^aSe shall th© Citj: Vf Collinsville be reqVire'd tcv payf hjri Anif of said streets, ajt .wbatQvej' date o^)enedj but when opened by reason of the plat- ting of said property at whatever date platted, they shall become by such act the property of the City of Collinsville for use as public highways and may be cared for as such. Article II. Elective Officers, Term of Office, Elec- tions, Vacancies in Office, Distribu- tion of Powers, Organization, Legis- lative Body, Legislative Powers, Com- pensation, Oath and Bond. Section 1. ' Elective Officers. The elective officers of the City of Collins- ville shall be three (3) Commissioners and said Commissioners shall compose the Board of Commissioners, in which all power of the government of the City of Collinsville shall be vested; provided, that the executive and judicial powers shall be vested in a Business Manager under such rules and regula- tion as hereinafter provided by tliis charter, and as may be fixed by ordi- nance, not inconsistent with the pro- visions of this charter; provided, that I his acts, before binding upon the city, I must be confirmed by the Board of Commissioners in open meeting to the public. Sec. 2. Qualification. Each member of the Board of Commissioners shall be elected at large by the qualified elec- tors of the city. No person shall be eligible to the office of Commissioner unless he shall have been a resident of the city for at least one (1) year prior to his election. He shall be a qualified tax-paying voter and freeholder of the city. He shall be a person of good moral character, not in litigation with the city when elected, and not the owner of any stocks, bonds or shares of any public service corporation doing business in the city, and not un- der twenty-five (25) years of age. Sec. 3. Term of Office. The term of office of each Commissioner shall be for three (3) years and shall commence on the first Monday in May after his .election, except as horeinafter provided. •4- He shall continue in office until his suc- cessor shall be elected and qualified, ex- cept as hereinafter provided. Sec. 4. Elections. An annual elec- tion shall be held on the first Wednes- day in April of each year, at which there shall be elected a successor to the Commissioner whose term expires on the first Monday of the May follow- ing. He shall hold his office for three years and until his successor is elected and qualified, except as herein provided. Sec. 5. Vacancies in Office. A va- cancy shall exist when an elective offi- cer fails to qualify within ten days after notice of his election, dies, re- signs, removes from said city, absents himself therefrom for a period of one month, except on account of sickness, is convicted of a felony, becomes a habit- ual drunkard, or judicially declared a lunatic. If the office of Commissioner p shall become vacant for any cause, the | legislative body shall appoint some eligible person to fill such vacancy, who shall hold said office until the next reg- ular municipal election; if such term be not then at an end, a successor shall be elected to fill such unexpired term; such appointed officer shall hold his of- fice until his successor is elected and qualified. All elective officers and those appointed to fill vacancies, as herein provided, shall hold their respective of- fices subject to the provisions of the re- call, as herein provided, or to be re- moved from office as provided by law. Sec. 6. Distribution of Power. The Board of Commissioners shall constitute the Legislative Body, and all legislative power shall be vested in said Board of Commissioners. The first Board of Commissioners elected under the provisions of this charter at their first meeting shall elect one of their number as Chairman of the Board of Commissioners, and a chair- man shall be elected at the meeting on the First Monday in May of each year thereafter for a period of one year. The chairman shall preside at all meetings of the Board of Commissioners, except in his absence the member of longest service shall act as chairman. He shall sign all ordinances, papers and docu- ments as "Chairman of the Board of Commissioners," and the same shall be attested by one of the other Commis- sioners. They shall levy and collect general, special assessment, license, oc- cupation taxes as may be necessary for the general operative expenses of the city and for the purpose of accumula- tions to the sinking >nd interest funds as provided by law. They shall collect the fines imposed by the Police Court, revenues from all public property and apportion same to the proper funds. They shall have supervision of all streets, alleys, cemeteries, parks, and all other public property and shall main- tain and improve the same. They shall cause all street duty to be performed or collect the money due in lieu thereof. They shall make monthly reports which shall be substantially in the same form as the report now made by the City Treasurer to the City Clerk, and said report shall become a part of their rec- ords and shall be subject to inspection by the public at all reasonable hours. They shall create by ordinance such offices from time to time as they may deem necessary to carry out the provisions of this charter, define duties of such office, and delegate to such offi- cer such power and authority for the execution of the duties of said office. No officer shall ever be appoinfed or any person employed for any definite time and their salary or compensation shall be definitely fixed at the time of their appointment or employment. The Chairman of the Board of Commission- ers shall preside at all meetings of the board, but he shall not be vested with the veto power. The Board of Commis- sioners shall enact and adopt all by- laws, ordinances, rures and regulations for the government of the city. No funds belonging to the city shall be disbursed until regularly appropriated by the Board of Commissioners. See. 7. Business Manager. The office of Business Manager is hereby created. He shall be vested with the executive and judicial power and ■authority of the city, subject to supervision and control by the Board of Commissioners; he shall be solely responsible to the Board of Commissioners for the efficiency of all departments. He shall make the nominations for appointment to all of- fices which shall ,be confirmed by the Board of Commissioners. If the first nomination shall not be confirmed he shall make a second and so on until a nomination is confirmed. He shall not later than the fifth (5th) day of every month make a financial statement to the Board of Commissioners which shall be in substantially the same form as is now made by the City Treasurer to the City Clerk. He shall be appointed at the first meeting of the Board of Com- missioners or as soon thereafter as prac- tical, but he shall not be appointed for any definite time, but shall tender his resignation at any time when demanded by the Board of Commissioners in writ- ing signed by two (2) or all members of the board. He may tender his resig- nation at any time that he so desires. Immediately upon the tendering of his resignation, either of his own volition or when so requested by the board, the Board of Commissioners shall cause his books, records and accounts to be au- dited by some competent person, firm or corporation, and if found to be cor- rect and all moneys belonging to the city that have come into his hands by reason of appointment to said office, and that he has fulfilled the obligation of his office in accordance with the pro- visions of this charter and ordinance governing said office, then the Board of Commissioners shall accept his resig- nation and in writing release him and his sureties shall be released from fur- ther obligation; provided, that if- any criminal action in his administration be discovered at any future time, he may be prosecuted under the laws of the state, and any financial loss sustained by the city may be recovered by civil action against him in any court of com- petent jurisdiction, but in no case shall his sureties be held liable after they have been released by the Board of Commissioners. He shall have super- vision of all appointive officers. He shall give bond unto the City of Collinsville, Oklahoma, conditioned upon the faithful, correct and impartial ex- ecution, discharge and performance of the duties of said office during his con- tinuance in office by virtue of his ap- pointment to said office, without fraud, deceit or oppression, and shall pay over all moneys that shall come into his hands by virtue of said office, and shall deliver unto the Board of Commission- ers all moneys, deeds, records, maps, mortgages, writs, paper and property of every character belonging to his office at the expiration of his term of office. Said bond shall be in the sum of Ten Thousand ($10,000.00) Dollars to be ex- ecuted by some solvent Surety Com- pany, authorized by law to do business in the State of Oklahoma, said bond to be approved by the Board of Commis- sioners who shall be responsible for its safe keeping. In the event funds of the city shall accumulate in his hands in excess of the amount of his bond as herein provided, the Board of Commis- sioners shall require him to execute an additional bond sufficient to cover such additional amount of money, said bond to be executed as the above named bond; provided, that the Board of Com- missioners may accept a personal bond in lieu of a bond made by a Surety Company; provided that each surety shall qualify for a specific amount as provided by law. Sec. 8. Claims. All claims against the city must be presented in writing with a full account of the items, and verified by the oath or affirmation of the claimant, or his agent, that the 6 same is correct, reasonable and just, and no claim, or demand shall be audited or allowed, unless presented arid veri- fied, as provided for in this section; provided, no costs shall be recovered against the city in any action brought against it, for any unliquidated claim, which has not been presented to the Board of Commissioners to be audited, nor upon claims allowed in part unless the recovery shall be for a greater sum than the amount allowed with the inter- est due. Provided, further, that no action shall be maintained against the city, in exercising or failing to exercise, any corporate power or authority in any case where such action would not lie against a private individual under like circumstances. Sec. 9. Oath and Bonds. Each Com- missioner shall qualify before entering upon the discharge of the duties of his office by taking the oath of office re- quired by law and entering into a good and sufficient bond in the sum of $5,- 000 to be executed by some solvent Surety Company, the premium to be paid by the city, for the faithful dis- charge of the duties of his office; such bond to be approved by the Judge of the County Court of Rogers County, Ok- lahoma, and when so approved, to 'be deposited in the office of the Clerk of said County Court. All officers, agents and employees of the city, except the Commissioners and Business Manager, shall enter into such bond as may be required by the Board of Commissioners, and such bonds shall be approved by them and be kept as a part of the rec- ords of their office. All bonds, whether made by a Surety Company or personal bond, shall be made in substantially the following form : File No OFFICIAL BOND, of SECURITIES Filed 19. Official Title. By Official Title. I State of Oklahoma, County of Rogers, City of Collinsville, ss: The foregoing bond of as in and for said city was this day approved. Dated 19 Official Title. OATH OF OFFICE I, do solemnly swear (or affirm) that I will support, obey and defend the Constitu- tion of the United States and the Con- stitution of the State of Oklahoma, and ^vill discharge the duties of my office with fidelity; that I have not paid or contributed either directly or indirectly any money or other valuable thing to procure my nomination or election (or appointment) except for necessary and proper expenses expressly authorized by law; that I have not, knowingly, vio- lated any election law of the State, or permitted it to be done by others in my behalf; that I will not knowingly re- ceive, directly or indirectly, any money or other valuable thing for the per- formance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law. And I further swear (or affirm) that I will not receive, use, or travel upon any free .pass or on free transportation dur- ing my term of office. Sworn to and subscribed before me, this day of A. D., 19.... My commission expires . Official Title. CERTIFICATE OF RECORD State of Oklahoma, County of Rogers, City of Collinsville. I, in and for said city do hereby certify that the ioregoing Bond-^ and Oath of Office, dated the day of 19. . . . , was filed for record in my office this day of A. D., 19 , at o'clock M., and duly recorded the day of A. D., 19.... , at.... o'clock M., in the Official Bond Records of said city in Vol. on page Witness ray hand and official seal, at office in Collinsville, Oklahoma, the day and year last above written. Official Title. By State of Oklahoma, County of Rogers, City of Collinsville. Know All Men By These Presents: That we' as Principal and wise to remain in full force and effect. In testimony whereof, witness our hands, this day of 19.... State of Oklahoma, County of Rogers. The undersigned Surities on the fore- going bond, being duly sworn, on oath, each for himself says: I am a resident hoiLseholder and freeholder within the State of Oklahoma, and have property within said State, worth over and above all my just debts and liabilities, exclu- sive of property exempt from execution the sum set out and stated below, that is to say: I, am worth the sum of $ I, am worth the sum of $ I, am worth the sum of $ I, am worth the sum of $ I, am worth the sum of $ as Securities are held and firmly bound unto the City of Collinsville, Oklahoma, in the sum of i Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. Whereas, the above bounden was duly to office of in the City of Collinsville of the County of Rogers in the State of Oklahoma, on the day of , 19 Now, therefore, The condition of this obligation is such that if the said. . . . shall Subscribed and sworn to before me, this day of , 19 ... . then this obligation shall be void; other- Official Title. All bonds shall be recorded in a book kept specifically for that purpose by the Board of Commissioners. Sec. 10. The compensation 'of each member of the Board of Commissioners shall be Five ($5.00) Dollars for each meeting that the member attends, but in DO ease shall a member receive any compensation for services on coramit- tess, or otherwise, than herein provid- ed; provided, that no member of the Board of Commissioners shall receive for his services as such, for any one year a sum exceeding Three Hundred ($300.00) Dollars. Provided, further, 8 that when any member of the Board of Commissioners shall be out of the city for the purpose of transacting busi- ness for the city, he shall receive his railway, hotel and such other necessary and legitimate expenses. Article III. Appointive Officers, Employes and La- borers, Nominations and Removals, Compensation. Section 1. Appointive Officers. In addition to the elective officers provided for herein, the Board of Commissioners may, in their discretion, provide by ordinance for the appointment of offi- cers to perform such duties as the best interests of the city require, and pre- scribe their respective duties, and fix their compensation and bond. Sec. 2. Employes and Laborers. The Board of Commissioners may from time to time employ such common or skilled labor as they deem necessary and pre- scribe their respective duties and fix their compensation, or they may au- thorize the employment of such laborers by the Business Manager, but in all cases the compensation shall be first fixed by the Board of Commissioners, except in case of an emergency, in which event the Business Manager shall employ such laborers and at such rate as he deems the exigencies of the case may demand. See. 3. Nominations. Each appoin- tive officer, employe, or laborer, shall be nominated by the Business Manager but no such officer, employe or laborer, shall except in case of emergency, begin his work or labor, or be entitled to compensation until his employment shall have been authorized or ratified by the Board of Commissioners. Sec. 4. Removals. No appointment to an office or place in the city shall be made for any definite time, but each officer, employe, or laborer, shall be subject to removal at any time by the Business Manager or Board of Commis- sioners without cause. Sec. 5. Compensation. The compen- sation of all appointive officers, em- ployes, or laborers, shall be fixed by jthe Board of Commissioners, and no j compensation shall be paid to any such officer, employe, or laborer, except for services actually performed, and after appropriation for funds therefor, duly made. Sec. 6. No officer or employe shall receive any pay, commission, money or thing of value, or derive any benefit, profit, or advantage, directly or indi,- I rectly, from or by reason of any deal- ' ings with, or service for the city, by ; himself or by others, or from or by rea- 'son of any improvements, alterations or ' repairs required by authority of the 'city, except his lawiul compensation or {salary as such officer or employe. No ' officer or salaried employe of the city shall, except as otherwise provided by this charter, accept directly or indirect- jly, from any railroad, telegraph or tele- phone company, or from any owner of any public utility franchise in the city, any pass, frank, free ticket, free service, or any other service upon such terms more favorable than those granted to the public generally. The Board of Commissioners shall pass an ordinance providing for punishment for the viola- tion of this section. Sec. 7. No appointment to any po- sition under the city government shall be made or withheld by reason or any political opinions, or affiliations, or po- litical service; and no appointment or election to, or removal from any office, or employment, and no transfer, promo- tion, reductions, reward, or punishment shall be in any manner effected or made by reason of such opinions, affiliations, or service. Article IV. Section 1. Candidates to be voted for at elections for commissioners shall be nominated as hereinafter provided and only the names of those so nominated shall be placed upon the ballot. Sec. 2. Before anyone shall have his name placed upon the official ballot as 9 a candidate for commissioner, he must be nominated by a nomination petition signed by not less than seven per cent of the qualified voters of the said city based upon the total vote cast in the last preceding general municipal elec- tion for said office; provided that for the first election under this charter said percehtum shall be based upon the total vote cast for the office of City Treas- urer at the last election for said office. Said nomination petition shall be sub- stantially in the following form: Nomination Petition. We, the undersigned, duly qualified electors of the City of Collinsville, re- siding at the places set opposite our re- spective names hereto, do hereby nomi- nate , who resides in the City of Collinsville, Oklahoma, as a candi- date for commissioner for "^said city iu the election to be held in said city, on the day of 19...., and request that his name be placed on the official ballot for such election. We are personally acquainted with him and know him to be a quali- j fied voter of said city, a man of integ- rity and of good moral character. We have acquainted ourselves with the du- j ties of said office as set forth in this charter and with his qualifications toj perform the same, and after careful i consideration we believe he has said qualifications. We desire to see him ' elected to said office. After having carefully read the above we hereunto ^ attach our signatures. (Name of qualified elector.) (Street and number.) Every nomination petition shall be verified by one or more qualified elec- tors of the City of Collinsville as to the qualifications and residence of all per- ^ sons signing said petition. Said verifi- \ cation or verifications to be placed on said nomination petition following the list of signatures of the petitioners. On said petition immediately following said verification or verfications there shall bo placed an acceptance of nomination signed by said nominee which shall be in substantially the following form: I hereby accept this nomination for the office of commissioner and consent that my name shall be placed upon the official ballot as a candidate for said office. Signature of Nominee. Sec. 3. No nomination petition nor acceptance thereof shall have upon it any party emblem, sign, or designation, and there shall be nothing thereon to indicate the affiliation of the nominee or of any signer with any political party or any organization. See. 4. Said nomination petitions must be executed in duplicate and filed with the Board of Commissioners not less than ten (10) days before the elec- tion. The Board of Commissioners shall forthwith post one of the copies in a conspicuous place in the City Hall where it shall remain until after the election. No election petition shall be circulated more than thirty (30) days before elec- tion. Sec. 5. Immediately upon the expir- ation of the time for the filing of nomi- nation petitions, the Board of Commis- sioners shall post in a conspicuous place in the City Hall for a period of three (3) days, the form of the official ballot to be used for the coming election with names of the candidates appearing thereon, arranged under the name of the office for which they are candidates, as hereinafter provided. Sec. 6. Immediately upon the expir- ation of the time for filing nomination petitions, the Board of Commissioners shall call for bids for the printing of the necessary election supplies for the coming election and shall furnish each newspaper or job printing establishment with copies of all printing to be done. Immediately upon the expiration of the three days' time for the posting of the official ballot, as mentioned in section 5 of this article, the Board of Commis- sioners shall let the contract for said 10 election supplies to the lowest and best bidder. Sec. 7. The Board of Commissioners shall arrange the names of the candi- dates for commissioners without regard to the alphabet or the time of filing of the nomination petitions. Said names shall be so arranged that each name shall appear at the head of the list of cndidates on the total number of bal- lots an equal number of times with other candidate and each name shall ap- pear second on such ballots for said po- sition an equal number of times with other names. And likewise third and fourth and so on to the end that the name of each candidate shall appear on said ballot in such position as will in- sure said candidate an equl oppor- tunity with other cndidates. The said Board of Commissioners shall cause said ballots to be printed in such numbers, arranged as herein provided, and shall cause said ballots so arranged and printed to be distributed among the various precincts of the city so as to carry out the intents of this section. Sec. 8. Upon said ballots the names of the candidates for commissioner shall be placed under the words 'Tor Commissioner," followed by the instruc- tions, "vote for one," with a square at the left of each name. Following these names shall appear the names of the candidates for the other two commis- sioners under the words "For Commis- sioner," and the instructions "vote for one." with the square to the left of each name. The ballots to be voted at said municipal election shall be sub- stantially in the following form with the necessary modifications when less than three commissioners are to be chosen: Municipal Election CITY OF COLLINSWLLE (Date) Place a cross in the square preceding the name of the person for whom you desire to vote. CANDIDATES FOR COMMISSIONER Vote for One (Names of Candidates.) ' CANDIDATES FOR COMMISSIONER Vote for One. (Names of Candidates.) CANDIDATES FOR COMMISSIONER Vote for One. (Names of Candidates.) No ballot - shall have upon it any party emblem, sign or designation, and there shall be nothing upon it to indi- cate the affiliation of any Candidate with any political party or any organi- zation. Sec. 9. The Board of Commission- ers having caused said ballots to be printed as provided herein shall cause to be delivered to each Election Precinct in said city the number of said ballots equal to twice the number of votes cast in said precinct at the last preceding municipal election for commissioner, provided that in the first election under this charter the number of said ballots shall be equal to twice the number of vptes cast in said precinct at the last election for City Marshal in the first election and for Commissioners there- after. Sec. 10. At every election sample bal- lots shall be posted at each and every polling place in said city. Sec. 11. The Election Board of each voting precinct of said- city shall im- mediately upon closing the polls, count the votes, mutilated and challenged ballots and ascertain the number of votes cast for each candidate voted for, and make due returns thereof to the County Election Board in the first elec- tion held under the provisions of this charter, and, thereafter they shall make the returns to the Board of Commis- sioners' of the City of Collinsville, upon proper blanks furnished by the Board of Commissioners of said city. On the day following the first election held un- der the provisions of this charter, the j County Election Board shall publicly I canvass the returns of said election from all of the voting proeincts in said 11 city. A copy of the resitlts of said elec- tion, certified to by the Secretary of the County Election Board, delivered to the person or persons elected, shall con- stitute a certificate of election. The returns of all elections held under the provisions of this charter, except the first election as hereinbefore provided, shall be canvassed by the Board of Com- missioners, certified to by the chairman of said Board of Commissioners, which shall be delivered to the successful can- didate or candidates, shall constitute a certificate of election. Sec. 12. If for any office no candidate has a majority of the votes cast for said office in said election the Secretary of the County Election Board in the first election held under the provisions of this charter shall so certify to the Mayor of the City of Collinsville, and in all other elections held under the pro- visions hereof, the Chairman of the' Board of Commissioners shall so certify j to the said board and worthwith an elec- : tion shall be called to choose between , the two candidates receiving the great- \ est number of votes for said office at said election and at which second elec- tion only said two persons shall be can- didates; provided, that in the event of any person who was a candidate at said first election and who shall be entitled to become a candidate at said second election shall fail to request that his name shall appear on the official ballot therefor, as herein provided, the candi- date for such office standing next in or- ; (ler in computation of votes shall sue- ' coed to his rights with respect thereto; j)rovided further, that two candidates for such office a said first election shall be entitled to become candidates tliere- for at said srecond election, which two candidates at said first election, as shall file written request to be placed on the official ballot as candidates for such of- fice at said second election. In the event of a tie the vote for the leading candi- dates for any office at said first election said office shall be filled at second elec- tion as herein provided for, at which such candidates so tied in said first elec- tion may again become candidates. In the event they or either of them shall fail so to do, the two candidates for such office who lead in the computation of votes therefor and who desire to be- come candidates therefor at said second election shall be entitled so to do in the order of their respective votes at said first election. In the event of a tie be- ween the two candidates for any office at said second election they shall cast lots to determine who shall be elected thereto. Said second election shall be held within ten days from the said first election, and after at least five days' notice by posting in three public places in said city, one of which shall be at the City Hall. Sec. 13. In all elections held under the provisions of this charter for the election of commissioner at the annual election as provided for in article two (2) of this charter, or for the purpose of electing commissioners- to fill va- cancies in the office of commissioner caused by the recall of a commissioner, or by resignation, or otherwise, and all other elections held under the provisions 3f this charter, the election returns shall be canvassed by the Board of Commis- sioners; provided, that the first elec- tion of commissioners held under the provisions of this charter, the election returns shall be canvassed by the Coun- ty Election Board. Sec. 14. In all elections held under the provisions of this charter, other than the first election, the returns of such election shall be publicly canvassed by the Board of Commissioners on the day following the election at the hour of ten o'clock a. m. and the returns thereof shall be spread on the journal of the Board of Commissioners, and shall be published in one or more newspapers printed in and of general circulation in the City of Collinsville. Sec. 15. For the purpose of holding all elections provided for })y tlio pro- 12 visions of this charter the Board of Commissioners shall appoint not less than two (2) judges and two (2) clerks for. each voting precinct. The clerks so appointed shall be the official counters of said election. The judge, whose name appears first in the published list for each precinct, shall be the officer in charge of the election in that pre- cinct. Should the said judge fail for any cause to serve, then the next shall perform the duties herein mentioned, in that event the said judge shall appoint another judge and shall fill any other vacancies that may occur on the Elec- tion Board. Should it be shown by the officer in charge of any precinct on the day of election that there is not a sufficient number of clerks to properly handle the votes being cast in that pre- cinct, the judge in charge shall appoint additional clerks. The judges and clerks appointed to hold the election, shall con- stitute the Election Board in their pre- cinct. All election judges and clerks shall receive the sum of three ($3.00) dollars per day for their services and the same shall be paid in the same man- ner as other claims against the city. No judge or clerk shall receive pay for more than one day's time in each elec- tion. Sf^c. 10. For each election held under the provisions of this charter the Board of Commissioners shall have printed the following supplies for each voting pre- cinct, to-wit: One poll book, tally sheets, blank oaths of office, oaths for challenged doctors, four envelopes, to-wit: One of sufficient size to hold the poll book and tally sheets, with the words "poll book and tally sheets" printed on the back in large, black faced type. One to hold the challenged ballots, with the word "chal- lenged ballots" in bold faced type print- ed on the back. One to hold the voted ballots, with the words "voted ballots" printed in large, bold faced type on the back. One to hold the mutilated bal- lots, with the words "mutilated ballots" in large, bold faced type on the back, and such other supplies as may be nec- essary to properly conduct any election held under the provisions of this char- ter. Sec. 17. In each election held under the provisions of this charter the Board of Commissioners shall furnish to the officer in charge in each precinct, in ad- dition, to the supplies named in section 16 of this article, the following: Elec- tion seal and wax, twine, needles, pens, ink, blotters, pencils, tablets, rules,' stamps and pads, tables, booths, and such other supplies as may be neces- sary, and in such quantities that will enable him to properly conduct said election. Sec. 18. For the purpose of holding all elections under the provisions of this charter, the Board oi Commissioners shall issue a proclamation calling the election and shall state therein the pur- pose of said election, the day of the week, day of month and month and year, time of opening and closing of the polls, the number, and boundaries of each precinct, the polling place in each precinct, the name and title of the offi- cers who shall hold said election in each precinct. Said proclamation shall be published in not less than two (2) issues nor more than four issues in one or more newspapers printed, published and of general circulation in the City of Collinsville. Not more than four days shall intervene between the date of the proclamation and the first publication of said proclamation; there shall be not less than three days between the first publication and the second and so on to the last, and there shall be at least one day between the last publication and the day no which the election is held. No proclamation (except the annual election of commissioners, the recall of Commissioners) shall be issued for an election except on the authority of a resolution passed by vote of l^wo mem- bers of the Board of Commissioners, and there shall be not less than ten (10) 13 days between the date of the proclama- tion and the date of the election, and not more than forty (40) days between the date of the proclamation and the date of the election; provided, that this provision shall not apply to the first election. ' Sec. 10. Boxes used in the elections held under the provisions of this charter shall be constructed of galvanized sheet iron of twenty-four guage. Said boxes shall be fifteen inches by fifteen inches by twelve inches in depth ; one ~ end of each box shall have a hood or lid con- structed of like material and so con- structed that the edge of the lid will come down over the edge of the box one inch. Said hood or lid shall be attached to the box with hinges fastened with rivets and equipped with two staples and clasps on the opposite side from the hinges. This lid shall have a suit- able handle in the center for the pur- pose of carrying the box. There shall be a slit in the lid six inches long by one- fourth of an inch wide. The locks shall be Yale six lever spring locks or their equals equipped with two keys. Sec. 20. All election supplies, shall be placed in the boxes for each precinct and shall be delivered to the officer in charge of each precinct at the hour of seven (7) o'clock a. m. on the day of the election. After the Election Board shall have completed their work the re- turns shall be placed in the box and conveyed to the office of the Board of Commissioners by the two judges and there in the presence of the two judges and the Commissioners the two keys to the box shall be placed in an envelope and sealed and bound with a twine in such a manner that the twine shall pass around each end of the envelope. On the cross of the twine on each side of the envelope tliere shall be placed a seal of wax not less than one inch in diameter, and while the wax is soft j there shall be made an impression with { the seal of that precinct. Said seal shall be so placed that tlio onvolopo can not , be opened without breaking the twine or the envelope. After the seal has been so placed on the envelope the seal, bal- lots and returns shall be placed in the box and locked and both sealed enve- lope and box shall be placed in the vault of said Board of Commissioners. The seal of the envelope shall not be broken or the envelope opened except in the presence of all the commissioners at the time when they canvass the re- turns of said election. The Board of Commissioners shall be responsible for the safe keeping of the election returns and keys. The said commissioners shall receipt the said judges for the returns and keys. Sec. 21. The voted ballots, mutilated ballots, challenged ballots, stubs and ballots not used in the election, shall be placed in a box of similar construction to the ballot boxes, at the time that the election returns are canvassed by the Board of Commissioners, .and the keys thereto shall be sealed in an en- velope in the manner as provided in section 20 of this article, with a seal provided for that purpose, and said seal shall be placed in the box and locked and remain until the expiration of the time for contests of the election as pro- vided by law. The seal of the enve- lope witli the keys shall not be opened except in the presence of the Board of Commissioners. Sec. 22. The "Tally Sheet and Poll Book" as hereinbefore provided, shall constitute the official returns of each precinct of every election held under the provisions of this charter. Sec. 23. The ballots used in every election held under the provisions of this charter shall be printed with a stub which shall be in substantially the fol- lowing form: , No Never detach this num- ber from stub. Voter's name Street .No If the voter is challenged, write (chal- lenged) Here. If the voter is sworn wi'ito (sworn) 14 here. If the ballot is spoiled or not voted, write (spoiled) here. jerf orated line When voter returns ballot, detach this number, No perforated line All ballots shall be printed on white paper of not less than twenty (20) pounds weight. Sample ballots shall be printed on colored paper of light weight. The ballots for each precinct shall be numbered consecutively, from one (1) up to the number required in each pre- cinct. Sec. 24. The following voting pre- cincts are hereby created and establish- ed, as follows: Precinct No. 1. All that part of the territory included within the corporate limits of the City of Collinsville, as are now constituted or may be hereafter constituted, lying north of the center line of Main street and east of the cen- ter line of Brown avenue. Precinct No. 2. All that part of the territory included within the corporate limits of the City of Collinsville, as are now constituted or may hereafter be constituted, lying north of the center line of Main street and west of the cen- ter line of Brown avenue. Precinct No. 3. All th^t part of the territory included with in the corporate limits of the City of Collinsville, as are now constituted or may hereafter be constituted, lying south of the center line of Main street and north of the center line of High street. Precinct No. 4. All that part of the territory included with in the corporate limits of the City of Collinsville, as are now constituted or may hereafter be constituted, lying south of the center line of High street. Sec. 25. When the registration rec- ords show that' there are more than Two Hundred voters in any precinct, the Board of Commissioners shall re- district the city in such manner as to equalize the number of voters in the various precincts, and if necessary cre- ate new^ precincts. Such action must be done by resolution and be published two times in some newspaper of gen- eral circulation in the city, and not less than three days between each publica- tion, and said redistricting shall be done more than ten (10) days before any election. Sec. 26. The commissioners shall pur- chase a wax seal for each precinct which shall be one inch in diameter and around the edge shall be the word "Precinct" and in the center the number of the precinct. One wax seal to be used in preserving the voted ballots. Sec. 27. All elections held under the provisions of this charter the polls shall be opened at the hour of eight (8) o'clock in the forenoon and be kept open continuously until the hour of six (6) o'clock in the afternoon. Sec. 28. The term of office of the three commissioners elected at the first election of officers, held under the pro- visions of this charter, shall commence on the fifth (5th) day after the date of the issuance of the certificate of elec- tion, by the County Election Board; provided, that such day is on Sunday or a legal holiday, in which event, it shall begin on the day following. Sec. 29. It shall be the duty of the Secretary of the County Election Board to notify the Mayor of the City of Col- linsville of the issuance, and the date of the certificates of election of the three commissioners as herein provided. It shall be the duty of the Mayor of said city to call a special meeting of the council of said city to convene on the fifth (5th) day after the date of certifi- cates of election of the three commis- sioners, at the hour of seven-thirty (7:30) o'clock p. m.: Provided, that if such day be Sunday or a legal holiday, that said meeting sliall be held on the day following. All elected or appointed officers of said city shall bo notified of said special meeting, and they shall then and there deliver to said commissioners, all moneys. ])apprs. books, records, prop- 15 erty and all things of every character appertaining thereto or belonging to their respective offices er in their cus- tody, and the commissioners shall issue to the officer surrendering said things, a receipt, which shall be in duplicate, and the original shall be delivered to the officer making delivery, and the duplicate shall be a part of the record of the office of the commissioner. All commissioners and other officers of the city shall always take a receipt for any- thing delivered to another officer or per- son, and such receipt shall be a part of the records of their office. Sec. 30. In the first election held un- der the provisions of this charter the candidate will file as "Candidate for Commissioner for One Year Term." "Candidate for Commissioner for Two Year Term." "Candidate for Commis- sioner for Three Year Terra." After the first term filings will be made as "Can- didate for Commissioner" except in case of filings for unexpired term, then the filing will be made as "Candidate for Unexpired Terra of (give name of the party whose term is unex- pired and is to be filled.) Article V. Police Department. Section 1. Police Powers. The City of Collinsvillc shall have power, by ordi- nance duly passed: To establish and maintain a City Police Department, pre- scribe the duties of policemen and regu- late their conduct. Sec. 2. To permit, forbid or regulate theatres, balls, dance houses and other public amusements, and to suppress the same whenever the preservation of or- der, tranquility, public safety or good morals may demand. Sec. 3. To prohibit dram shops, drink- ing saloons and other places where in- toxicating liquors are sold, and to close variety theatres when necessary, expe- dient or advisable. Sec. 4, To prohibit and punish keep- ers and inmates of bawdy houses and vnvioty shows, to prevent and suppress assignation houses and houses of ill fame, and to regulate, colonize and seg- regate the same, to determine such in- mates and keepers to be vagrants, and provide for the punishment of such per- sons, and to prevent all desecration of the Sabbath, commonly called Sunday, and to prevent all kinds of public inde- cencies. Sec. 5. To inspect weights and meas- ures, fix standards of weights and meas- ures, and to fix penalties for not using or conforming to the same, and to pro- vide that inspection fees may be fixed by ordinance. Sec. 6. To make all needful and prop- er regulations concerning keepers of hotels, taverns, and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers, drivers of baggage wagons, and other vehicles; to establish maximum rates for all kinds of transportation within the city limits, to prevent extortion and to pre- serve order and prevent noise and con- fusion in and about the several depots on the arrival and departure of railway trains, and to provide how and where hacks or other vehicles shall stand or take their position upon the streets ad- jacent or near the said depots, and where they sharll stand when not receiv- ing or discharging passengers. Sec. 7. To suppress gambling houses and to punish keepers of gambling houses and pool sellers, and all persons who play cards or games of chance of any kind, and to punish persons who sell lottery tickets or who advertise lot- tery drawings or schemes and results of drawing of lotteries. Sec. 8. To provide for the regulation of bakers and to prescribe the weight, quality and price of bread manufactured or sold in the City of Collinsville, ac- cording to the price of the material or otherwise, and to provide for the in- sj>ection of milch cows, whether kept within the city or without the city lim- its, from which milk is sold within the city, and to provide for the inspection 16 of tilt; iiiilk offered for sale, and to pre- i iibe the fees to be charged therefor. Sec. 9. To establish and regulate pub- lic grounds, and to regulate and restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, chickens, geese and pigeons and to authorize the distraining, impound- ing and sale of the same for the cost of the proceedings and the penalty incurred and to order their destruction when they cannot be sold, and to impose pen- alties upon the owners thereof for the violation of any ordinances regulating or prohibiting the same, and impose penalties for non-payment of said tax. Sec. 10. To tax, regulate, restrain and prohibit the running at large of dogs, and to authorize theiF destruction when at large contrary to ordinances, and to impose penalties upon the own- ers and keepers thereof; provided that any dog running at large may be im- "diately destroyed. Sec. 11. To prohibit and restrain or regulate the rolling of hoops, the flying of kites and firing of firecrackers, the use of velocipedes, roller skates and bi- cycles, sling-shots, and the use of any pyrotechnic or any other amusement or practices tending to annoy persons pass- ing upon the streets or sidewalks, or to frighten horses and teams. Sec. 12. To restrain and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and per- formances tending to the collection of persons in the streets or sidewalks, by auctioneers and others for the purpose of business, .amusement or otherwise. Sec. 13. To prohibit mendicants, beg- gars or persons of infirm or maimed bodies, or suffering with diseases of any kind, from soliciting alms, help or as- sistance upon the streets or sidewalks of said city, and to prescribe a penalty by fine of non-observance thereof. Sec. 14. To prohibit and regulate the ringing of bells and blowing of whistles of railroad engines or locomotives with- in the city limits, and to regulate and control the speed thereof. Sec. 15. To regulate and control or prevent the driving of cattle, horses and all other animals into or through the city. Sec. 10. To prevent all trespasses and breaches of the peace and good order, assault and batteries, fighting, quarrel- ing, using abusive, profane and insult- ing language, misdemeanors and all dis- orderly conduct and to punish all per- sons thus offending. Sec. 17. To require, on due notice, all steam or street railway companies own- ing tracks within the city limits, upon the public streets or highways of said city, which may have been or may hereafter be abandoned by said compa- nies by non-use, to remove such tracks and to restore at their own expense the street or way upon which such abandon- ed track is, located to its former condi- tion. Sec. 18. To prohibit, prevent and sup- press horse racing, immoderate riding and driving in the streets of said city. Sec. 19. To prohibit cruel treatment of animals and to punish the abusers of animals. Sec. 20. To compel persons to fasten their horses or other animals attached to vehilces or otherwise hitched, or standing in the streets. \ Sec. 21. To restrain and punish vag-' rants, mendicants, beggars and prosti- tutes. Sec. 22. To regulate and control the sale, giit, barter or exchange of cocaine, opium, morphine and salts thereof. Sec. 23. To license, tax and regulate auctioneers, clairvoyants, contractor, druggists, hawkers, peddlers palmists, bankers, brokers, pawnbrokers, mer- chants of all kinds, grocers, confection- ers, restauranl^, butchers, taverns, pub- lic boarding houses, billiard tables and other gaming tables, bowlnig alleys, drays, hacks, carriages, omnibuses, cars, wagons and other vehicles used in the city for pay. liay scales, lumber dealers, 17 undortakera, furniture dealers, saddlery or harness dealers, stationers, jewelers, livery stable keepers, real estate agents, express companies or agencies, telegraph companies or agencies, life or fire in- surance companies or agencies, shows, theaters, all kinds of exhibitions for pay, and all other trades, professions, occupations and callings of every kind. To license and regulate any itinerant or transient vendor of clothing or w^earing apparel or article of bedding or mer- chandise of any description whatever, ticket brokers, or scalpers, or dealers in railway tickets, dealers in bankrupt or fire stock, or damaged stocks of any kind, second-hand dealers, pawn brokers, junk shops and dealers in junk, and all other^ business or occupations whatever, which in the opinion of the Board of Commissioners shall be properly subject to police regulation. To require the person or persons or corporations puj- suing any business or occupation men- tined in this section, to give all bonds in such amounts and under such condi- tion as the Board of Commissioners may prescribe; no license shall be assignable, except by the permission of the Board of Commissioners. Sec. 24. To license, tax, regulate, pre- vent or suppress paupers, peddlers, pa\vtibrokers, and keepers of theatrical or other exhibitions, shows and amuse- ments. To license, tax and regulate or prohibit theatres, circuses, moving pic- ture shows, and exhibitions of common showmen, and of shows of any kind, and the exhibition of natural or artificial curiosities, menageries and musical ex- hibitions and performances and to regu- late and license or prohibit street pa- rades, bill posters, pool tables, striking machines, lung testers, doll racks, cane racks and exhibitions, devices and things for which a fee is chargQ^. Sec. 25. To prevent all prize fights, boxing matches, sparring exhibitions, cock fighting and dog fighting, and pun- ish all persons thus offending. Sec. 26. To regulate, control and i)ro- hibit the carrying of firearms, and other weapons within the city limits, and to provide and inflict the same punishment therefor, as is now or hereafter may be provided by state laws against per- sons unlawfully carrying weapons. Sec. 27. To provide workhouses for vagabonds and disorderly persons, who are unable, or refuse to pay fines, or who have been sentenced to fine and im- prisonment, or to compel them to work on the streets, alleys and public works, and make all necessary regulations con- cerning the same, and to provide, keep and regulate a city prison. Sec. 28. To define what shall be nuisances in the city, and within one thousand feet of the corporation line outside of the city limits, and to abate such nuisances by summary proceedings and to punish the authors thereof by penalties, fines and imprisonment. Sec. 29. To prevent dangerous con- struction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, boilers and other heating apparatus and cause the same to be removed or made safe. Sec. 30. To regulate the use of auto- mobiles, motor cars, motor cycles, or any motor vehicle and the speed there- of; to prescribe the proper lighting of same when used at night; to issue per- mits for the use of such vehicles and to require the numbering of said vehicles. Se6. 31. To control and regulate the location and use of all kinds of steam engines and steam boilers in the city and prescribe the qualifications of per- sons operating and running the same, and to adopt such rules and regulations in relation thereto as may seem best for the public safety and comfort. Sec. 32. To inspect the construction of all building in the city and to pre- scribe and enforce proper regulations in regard thereto; to regulate and locate or prohibit the erection of all poles in the city, and cause the same to be changed whether telegraph, telephone, 18 electric light or otherwise. Sec. 33. The city shall have power to establish, maintain and regulate a city prison, workhouse and other means of punishment, for vagrancy, city con- victs and disorderly persons, houses of correction and reformatories for youth- ful criminals. See. 34. The City of Collinsville shall have the power to regulate depots, depot grounds and places of storing freight and goods, and provide for the passage of railways through the streets and public grounds of the city; also to regulate the crossing of streets by rail- way tracks and require gates or flag- men at street crossings, and to provide precautions and prescribe rules regulat- ing the same and to regulate the run- ning of railway engines, cars and trucks and street cars within the limits of said city, and to prescribe rules relating thereto, and to govern the speed thereof, and to make any other and further pro- visions, rules and restrictions to prevent accidents at crossings and on the tracks of railways and street railways and to prevent fires from engines. Sec. 35. To regulate, locate and pro- hibit the stringing or placing of tele- graph, telephone, electric or other wires and to enforce such regulation in re- gard thereto, and to require and regu- late the placing of any such telegraph, telephone, electric or other wires under ground. Sec. 30. To regulate or prohibit the keeping of cows, hogs, goats, dogs, chickens, geese or pigeons within the city or within certain prescribed limits of the city. Article VI. Police Court. Section 1. There shall be a court for the trial of all misdemeanor offenses, and shall be known as the "Police Court." The Magistrate of said court shall be known as the "Police Judge." The appointment to the office of Police Judge to be made by the Business Man- ager and confirmed by the Board of Commissioners, who shall fix his salary. Said Police Judge may hold other of- ficial position under the city, when the offices are combined as one by ordi- nance. Sec. 2. Jurisdiction. The Judge of the Police Court shall have original ex- clusive jurisdiction to hear and deter- mine all offenses against the charter and the ordinances of the city; he shall keep a docket in which he shall enter every cause commenced before him as Judge of the Police Court. If the Po- lice Judge be absent or sick or disquali- fied from acting, the chairman of the Board of Commissioners shall be ex-of- iicio Police Judge and shall act instead of said Police Judge, until such absence or disqualification shall cease, and all acts and doings of said Chairman of the Board of Commissioners, w^hile acting as such Police Judge, shall be effective and binding, and have the same effect as if done by the said Police Judge. If the Police Judge or Chairman of the Board of Commissioners be absent or sick or disqualified from acting, the other mem- ber of the Board of Commissioners hold- ing the longest term of the Board of Commissioners elected under the pro- visions of this charter, shall be ex- of- ficio Police Judge, and shall act instead of said Police Judge, and all acts and doings of said commissioner, while act- ing as such Police Judge, shall be ef- fective and binding, and have the same effect as if done by said Police Judge. If the Police Judge, or Chairman of the Board of Commissioners, or the com- missioner above mentioned, shall be ab- sent or sick or disqualified from acting, the other member of the Board of Com- missioners shall be ex-officio Police Judge, and shall act instead of the said Police Judge, and all acts and doings of said commissioner, while acting as such Police Judge, shall be effective and binding, and have the same effect as if done by said Police Judge. Sec. 3. Powers of Police Judge. The 19 l^olice Judge shall have power under tlio provisions of this charter to enforce! obedience to all .Orders, Tules, judgments and decrees made by him; he may fine ^ or imprison for contempt offered him j while holding his court, or to process ; issued or orders made by him, in the '■ same manner as provided for district ' courts. On the trial of any case in said ] court it shall be the duty of said Police ; udge to sign ' any bill of exceptions ' rendered to the court, during the pro- j gress of such trial; provided, tlie truth; of the matter be fairly stated, and thereupon said exception shall be enter- ed in the record of such trial and be-, come a part thereof, and any fiinal con- ; viction, sentence or judgment of said court may be examined by the district ' court of this county, on writ of error j which may be allowed by the district court, or the judge thereof, for suffici- ent cause, and proceedings may be stay- ; ed as may be deemed reasonable, and the revising court shall in such pro- ceedings take judicial notice of all the ordinances of the City of Collinsville. Cases tried before the Police Court, aris- ing under the city ordinances, shall be tried and. determined, by said Police Judge without the intervention of a Sec. 4. Office. The Board of Com- missioners shall provide some suitable room in the City Hall in which the Po- lice Judge shall hold his court, and his court sliall be open every day except Sunday and legal holidays. His court shall be in session not less than one hour at some certain time of each day, and may be convened at any reasonable time during every day for the transac- tion of such business as may properly come before it. Sec. 5. Prosecutions. All prosccu- tibns for violations of any provision of this charter or of the ordinances of the city shall be entitled "City of Collins- ville, plaintiff, vs. defendant. The Police Judge shall state in his <]ockct Ou> lu.ino n\ oard of Commissioners or pay to the city $2.50 in cash in lieu thereof. Sec. 2. In Lieu of Performance. Each citizen liable for the performance of such street duty or labor, shall be re- quired to so perform or render such service, furnish a substitute therefor, or |),iy the money in lieu thereof, on demand and warning and all such street •. I duty or labor shall be performed or . j money paid prior to the first day of "" ! December each year. • j Sec. 3. Actions for Neglect. Every ': 1 citizen who shall fail, or refuse to per- ;" ! form such duty or labor, furnish a sub- -^ stitute therefor, or pay the money in :\ lieu thereof, as herein provided, upon 4 demand and wariiing shall be adjudged .^ guilty of a violation of the provisions j of this charter and be subject to such ; punishment as may be provWed by ordi- , nance, and shall also be liable for the : said sum of .$2.50 as for debt to be re- I covered by civil action. 1 Article IX. :: Section 1. Style of Ordinance. The j. style of all ordinances adopted for the 1 City ot Collinsville, during the continu- ;^ ance of this charter, shall be "Be iti Ordained by the Board of Commission- "-J ers of the City of Collinsville. Oklaho- ' ma." All prosecutions for violating the pro- j visions of this charter or any ordinance ^ of the City of Collinsville, shall be en- ^ titled, "City of Collinsville, Plaintiff, vs. j defendant." "^ All 'ordinances passed by the Board of j Commissioners, except emergency ordi- ^ nances, shall take effect and be in force j at the end of thirty days from the date -4 of their passage and publication, unless^ otherwise provided in this charter. J No ordinance, except an emergency _; ordinance, shall be enacted on the day 1 of its introduction, but all ordinances,-- except emergency ordinances, after be- ^ ing introduced and read shall lie for at J least one week before being finally voted 1 upon and adopted. \ The Board of Commissioners, by anj unanimous vote, may pass an cmer- . gency ordinance when the public peace,' public health or public safety shall de- : mand it. Every emergency ordinance i must, as a part of the title, contain thei words "And declaring an Emergency,", and every such ordinance shall, in aj s<(H'fiou. state such emergency- 24 jiiid provide that such ordinanee shall take effect and be in force immediately upon its passage and publication. Except as otherwise provided, by the Constitution and Laws of the State, all ordinances shall be published for one is- su<' in some newspaper of general circu- lation in the City of Collinsville, such ])ublication to be commenced within five days from the passage of the ordinance. Every ordinance passed by the Board of Commissioners shall be correctly en- rolled by the Business Manager within the next succeeding five days, or as soon thereafter as practicable, and the enroll- ed copy compared with the ordinance by the City Attoiney, both of whom shall endorse on the enrolled copy the words 'Correct!}' Enrolled," with the date thejcof and subscribe 'heir names there- to, which endorsements must be made within five' days after said enrollment. Sec. 2. Financial Depositories. No officer shall loan any of the funds of tiie city to any person or otherwise dis- ))Ose of the same except in accordance with the law. He shall deposit moneys received by him by virtue of his office in tlie banks of the City of Collinsville without discrimination equally as near- ly as may be: Provided, that any bank receiving deposits of the city money shall be required to execute to the city a bond with some surety, guarantee, in- demnity, or insurance company, organ- ized and empowered by law to give such bond, and authorized by law to do busi- ness in the State of Oklahoma in the penal sura equal to the maximum amount deposited in any such bank, conditioned to save the city harmless from loss by reason of such deposit during all the time that such money or any part thereof shall so remain on de- posit in such bank, and such bond shall be approved and filed in the same man- ner as other officers' bonds: Provided, tliat such city banks designated as de- positories, may. in lieii of the surety bond above referred to deposit with the fity good nnd sufficient T'nited States bonds, State, County, Municipal or School District Bonds or Warrants, local improvement bonds or warrants upon which the principal or the interest is not j in default at the time of the deposit, and aggregate market value of which ! shall not be less than the amount de- I posited in such bank. Said securities j shall be subject to the approval of the ! Board of Commissioners. And provided, j further, that such banks so designated I as depositories shall be required to pay I the city interest on the daily balances i of such deposits at the rate of not less i than three percentum per annum, said I i n t e r e s t payments to be payable i monthly. i Sec. 3. The regular meetings of the ' Board of Commissioners shall be held ' on Monday of each week at such time i as may be designated by ordinance: 1 Provided, that when such day is a legal 1 holiday, that the meeting shall be held at the same hour on the following day: Provided further, that an adjournment { of the regular meetings may be taken to other days and at such hour as may j be designated in the motion to adjourn. Special meetings of the Board of Com- missioners may be called at any time by any commissioner, and shall be a part of the records of their office. All meetings shall be public and shall be held at the City Hall. The Board of Commissioners shall de- termine its own rules of procedure, and may punish its members for disorderly conduct and compel their attendance at the meetings. Sec. 4. Charter Self-Executing. All provisions of this charter are self-exe- cuting, but the Board of Commissioners may by ordinance, supply details of procedure for the more efficient enforce- ment thereof not inconsistent with the provisions of said charter. Sec. 5. Quarterly and Annual Reports. The Board of Commissioners shall caiise to be published quarterly, an epitome of the financial condition of the several departments of the city government. 25 showing tho amount of recpipts and dis burseraents during the preceding quar ter, and the amount of funds on hand, and outstanding obligations. Immediately after the 30th day of June in each year the Board of Com missioners shall employ some competent accountant to audit the books of the city for the fiscal year closed, and cause to be published a detailed state- ment for the financial transactions of said city for such year, such publica- tion to be made in one or more news- papers published in and of general cir- culation in the city. Sec. 6. All contracts pertaining to puDlic improvements, maintenance of public property, ,public printing, pur- chase of supplies, and all other contracts of whatsoever character involving an outlay of $300 or more shall be made by the Board of Commissioners and shall be based upon the specifications provided by the said board. Such con- tracts shall be entered into only after advertisement not less than tMO times in a newspaper of general circulation in the city and after posting in one public place in the City Hall, inviting com- petitive bids. Such competitive bids shall be sealed and shall be filed with the Business Manager. Each bidder shall accompany his bid with a sworn statement, in writing, that the bidder has not, directly or indirectly entered into any agreement, expressed or im- plied, with any other bidder or bidders, having for its object the control of the price and amount of such bids or limit- ing of the bids or bidders. No bidder! shall divulge said sealed bids to any person whatever, except those having a partnership or other financial interests ! with him in said bid until after the said sealed bids are opened, and all bids shall be accompanied by a certified check equal to five per cent of the amount of his bid which shall be for- feited to the citv if he shall fail to en- ter into a contract after having been awarded the woik bid on. The violation of any of the foregoing provisions on the part of the bidder shall make void any contract, made by him with said city based upon such bid. The awarding of a contract upon a suc- cessful bid shall give the bidder no right of action or claim against the city upon such contract until the same shall have been reduced to writing and duly signed by the contracting parties. All bids filed with the Business Man- ager shall be opened in the presence of the Board of Commissioners and shall remain on file in the office of the Business Manager two (2) days before any contract shall be entered into based upon said bid. The Board of Commis- sioners shall consider the bids and may reject all bids and re-advertise for bids or may have such work done under the party offering the lowest and best bid or may have such work done under the supervision of the proper department and keep an account of the expense thereof. Pending advertisement Tor bids the plans and specifications and profiles shall remain on file in the office of the Business Manager, subject to the inspec- tion of any person. For the safe-guard- ing of the interests of the city, the Board of Commissioners shall make reg- ulations providing for the fiiling of esti- mates of costs. Article X. Section 1. Fires. The City of Col- linsville shall have power: To provide means for the protection against and extinguishment of fires, and shall pro- vide for the regulation, maintenance and support of a Fire Department, and for the purpose of guarding against the calamity of fire, may prescribe fire lim- its, and may regulate or prohibit the erection, building, placing or repairing of wooden or other buldings within such fire limits in said city as may be desig- nated and prescribed as fire limits, and may also within said limits piohibit the moving oi- puttinfir up of any woodon or 26 othov buildings from one place to an- otlior MMtliin said limits, and may direct and prescribe that all buildings within the limits so designated in the ordinance as fire limits, shall be made or construct- ed of fireproof material, the kind, char- acter, extent and quality of which build- ings and material may, by ordinance, be prescribed and fixed, and may prohibit the repairing of wooden or other build- ings in fire limits when the same shall liave been damaged to the extent of thirty-three and one-third per cent of the v^alue thereof, and may prescribe the manner of ascertaining such dam- ages, and may declare all dilapidated buildings to be a nuisance, and direct the same to be removed or abated in such manner as the Board of Commis- sioners may prescribe, and may declare all wooden or other buildings in the fire limits, which they deem dangerous to contiguous buildings, or which may cause or promote fires, to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fireproof loofing may be used, and may impose a penalty for violation of such rules and regulations. The city shall have the right, by ordi- nance, to regulate, prescribe and govern the storage of lumber, sash, doors, blinds, nitroglycerine, dynamite, powder and any and all commodities of an in- flammable, combustible or explosive na- ture and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits within which such materials may be carried, and /ix penal- ties for violation of the rules and ordi- nances governing the same. Sec. 2. To procure fire engines, hooks, ladders, buckets and other apparatus, and organize fire engine, hook and lad- der and bucket companies, and prescribe j rules of duty for the government there- of. Avith such penalties as they may deem proper, and make all necessary appropriations therefor. • Sec. 3. To regulate or prevent the carrying on of manufactories and other works dangerous in causing fires, and to regulate the location of cotton presses, sheds and other buildings dan- gerous on account of fires. Sec. 4. To prevent the deposit of ashes in unsafe places and cause the re- moval from one's premises of all trash, old papers, straw, goods boxes, barrels and anything else dangerous on account of fire, and all filth, slops and animal or vegetable matter and everything else offensive and dangerous to health and comfort, and to cg,use all buildings and enclosures in a dangerous state to be put in a safe condition. Sec. 5. To regulate the size, num- ber and construction of doors and stair- ways of theatres, tenement houses, ho- tels, boarding houses, apartment houses, audience room, public 'halls, school houses and buildings used for the gath- ering of a large number of people, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fires. Sec. 6. To require the construction of suitable fire escapes on or in hotels, lodging houses, factories and school and other buildings, whether now built or hereafter to be built. See. 7. To compel the owners or oc- cupants of houses or other buildings to have scuttles in their roofs and stairs and ladders leading to the same. Sec. 8. To authorize one or more offi- cers, agents or employes of the city to enter in and upon all buildings and premises to examine and discover whether the same are dangerous, on ac- count of fire, or in any unclean state, and cause all defects to be remedied, and filth and trash to be removed, and generally the Board of Commissioners shall have power to establish such reg- ulations for the prevention and extin- guishment of fires as it may deem ex- pedient. 27 Article XI. Section 1. Health. The City ot Col- liusville shall have power: To regulate burial grounds, crematories and ceme- teries, and to prohibit burial within the city limits if deemed advisable, or, if necessary to protect the public health, and to condemn and close burial grounds and cemeteries in the thickly settled portions of the city, and when demanded by the public interest or pub- lic health to remove or cause to be re- moved bodies interred in such con- demned and close cemeteries and burial grour.ds, and shall cause them to be re- interred in a suitable place to be pro- vided by the city, at its expense, and whenever advisable the city may con- demn the land proposed to be used for the reinterring ^of bodies in the same manner as provided in Section 1, Article II of this charter, and use such con- demned ground formerly used for ceme- teries for Such purposes as may best subserve the interests of the city. The City of Collinsville shall have power to purchase, hold and pay for lands not exceeding one hundred and sixty acres in one body, outside the lim- its of such -.city, for the purpose of the burial of the dead. The Board of Com- missioners shall provide for the survey, platting, grading, fencing, ornamenting and improving all the burial and ceme- tery grounds and the avenues leading thereto, owned by such city, and may eon'^truct walks in rear and protect ornamental trees therein and provide for paying the expenses thereof. To convey by certificates, signed by the Chairman of the Board of Commis- sioners and attested by one other mem- ber of said board, under the seal of thej city, cemetery lots, owned by such city,! specifying that the purchaser, to whom ' the same is issued, is the owner of the , lot or lots described therein by num- her, as laid down on such map or plat, > for the purpose of interment, and such certificates shall vest in the purchaser, his or lier heirs and assiofus. n riprjit. in fee simple, to such lot for the sole pur- pose of interment under the regulations of the Board of Comijaissioners, *and such certificate shall be entitled to be recorded in the office of the register of deeds of the proper county without fur- ther acknowledgment; and such de- scription . of lots shall be deemed and recognized as sufficient description thereof. The board may limit the num- ber of lots which shall be owned by the same person, at the same time; may prescribe rules for enclosing, adorning, and erecting monuments and tomb- stones on cemetery lots, and may pro- hibit anj' division of the use of said lots and any improper adoniment there- of; but no religious test shall be made as to the ownership of the lots, the burial therein, or the ornamentation of tlie graves, or of such lots. To pass rules and ordinances, impose penalties and tines, not exceeding one hundred dollars, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and punishing trespassers therein; and the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself. Sec. 2. To regulate the burying of the dead, the registration of births and deaths, direct the keeping and returning of bills of mortality, and impose pen- alties on physicians, undertakers, sex- tons and others for any default in the premises. Sec. 3. The City of Collinsville also shall have the power, by ordinance, to authorize the destroying of clothing, bedding, furniture, and .buildings in- fected with the germs of any infectious or dangerous disease when the public health requires the destruction of the same, and may also in the same man- ner authorize the destruction or re- moval of buildings or other objects after the same shall have been declared a nuisance and to be dangerous to the hrnlth or lives of the citi/on^ of said 28 city. Property destroyed must be re- iinbursed. { Sec. 4. To make regulations to pre- j vent the introduction of contagious dis- j eases into the city, to make quarantine, hiws for that purpose; and to enforce tliem within the city and within fivej miles thereof. | Sec. 5. The City of Collinsville is; liereby given full power and authority^ to take such steps to improve and pie- . serve the purity of the water of thOj Caney river above the City of Collins- ' ville, as it may think necessary; pro- vided, that the power in this section shall not be construed to give said cor- i Iteration any jurisdiction or control over said river beyond the corporate limits of said city, except for the pur- pose of protecting and improving tlie water shed, i. e. the water supply of both the Caney river and the smaller, streams or tributaries ; provided fur- ther, that the said corporation shall liave the right to condemn land, build- ings and outhouses or closets when it may deem the same necessary for the protection and preservation of the I>urity of the water in said river, and shall have power to control the same. The City of Collinsville shall also have power to require any persons or corporations owning or operating manu- facturing enterprises within or without the city which shall discharge refuse matter into Caney river or its tribu- taries, to make other provisions for such refuse matter or so purify the same so that the public health will be fully protected. Sec. 6. To require the owners of pri- vate drains, sinks, and privies, to fill up, cleanse, drain, alter, relay, repair, fix and improve the same as they may be ordered by resolution or ordinance, and impose penalties upon persons failing to do the same. If there be no person in the city upon whom such order can be served, the city may have such work done, and costs of the same shall be a lien on the property and taxed up against it, and collected in such man- ner as the Board of Commissioners may determine. Sec. 7. To prevent any person from bringing, depositing or burying within the city limits, the carcasses of any dead anmial, or other unwholesome sub- stance, or matter, or filth of any kind, and to require prompt removal of the same, and impose all necessary penal- ties, for the enforcement of such powers. Sec. 8. To provide for the inspection of dairies inside and outside the city limits, doing business within the city, and to charge and provide license fees for inspection; to establish and main- tain a standard of sanitary conditions governing dairies inside and outside the city, doing business within the city, to establish and maintain a standard of quality of all dairy products sold in the city, and to provide for penalties for the violaton thereof. Sec. 9. To regulate and license butchers and prevent their slaughtering animals in the city limits, and revoking their license for malconduet in trade, and to regulate, license and restrain the sale of fresh meat, fruits and vegetables and the slaughter of animals and to license and regulate or prohibit slaugh- ter houses within the city limits. Sec. 10. To compel the owner or oc- cupant of any grocery, soap, tallow or chandler establishment or blacksmith shop, tannery, stable, slaughter house distillery, brewery, or other building, or sewer, privy, hide house, or other un- wholesome or nauseous place or house to cleanse, remove, fill up, repair or abate the same, as may be necessary for the health, comfort and convenience of the inhabitants. Sec. 11. To regulate the inspection and slaughter of animals and the sale of fresh meats within the city, and the inspection and the sale of flour, meal, fish, salt and other provisions, and all other articles of food or drink whatso- ever, to be consumed within the city, and to a])point inspectors, weigliers and 29 guagers, and prescribe their duties and powers, and to regulate their fees, and to provide for the inspection and weigh- ing of hay and coal, ice, and the meas- urement of coal, gas and other fuel to be sold in the city. Sec. 12. To regulate, locate, abate or prohibit slaughter houses, gas reser- voirs and tanks, glue factories, bone boilers, hide houses or establishments for burning hides, soap factories, places for rendering lard, tallow, offal and other substances that can be rendered, and all other establishments where any nauseating, dangerous, offensive or un- wholesome business may De carried on. Sec. 13. The City of Collinsville shall have the right and power, by ordinance, to provide that the tenant or owner of any property shall pay to the city rea- sonable charges for the removal of night soil or other refuse matter from the closets of the premises thereof, and to prohibit any one except some one in the employ of the city, or by the city authorized to do so, from removing or carrying away the contents of any privy, vault, or water closet, or any re- ceptacle of human excrement, and the city shall have the right to have in- spected the premises of all persons, at any time, in the interests of the public health, and for the purpose of making said inspection, the officers or agents of the city, duly authorized to do so, shall have a right to enter upon the prem- ises of any person at any hour during the daytime to make said inspection. Whenever notice is given by any officer or employe of the city inspecting any premises that said premises need clean- ing, the said night soil or other refuse matter shall be removed and the owner or tenant of said premises shall pay the city the price prescribed therefor, and failure to do so shall subject said person to the penalties to be prescribed by ordinance, and said persons shall be fined, upon conviction in the Police Court, in anv sum not less than five dollars nor more than one hundred dol- lars. Sec. 14. The City of Collinsville shall have jurisdiction over all places within five miles of the corporate limits of the city, for the enforcement of all health, quarantine or waterworks ordi- nances and regulation thereof. Sec. 15. The Board of Commissioners are hereby authorized and required to create a Board of Health for the city, whose duties and jurisdiction shall be determined and prescribed by the said Board or Commissioners; said Board of Health to consist of not more than five reputable physicians of the City of Col- linsville, to be appointed by the Busi- ness Manager and confirmed by the Board of Commissioners. Sec. 16. The Board of Commissioners shall appoint a Commission ol Chari- ties, not exceeding three members, and prescribe by ordinance their duties. Article XII. Section 1. Municipal Service. The City of Collinsville shall have power: To buy or construct, own, maintain and operate a system or systems of water- works, gas or electric lighting plants, telephone, street ears and sewers, or any other public service or enterprise that may be approved by a majority of the qualified tax-paying voters of the City of Collinsville, voting therefor, at any regular election for city officers, or at a special election called for that pur- pose, in accordance with the provisions of the charter; and may demand and receive compensation for such service furnished for private purposes, and shall have power to condemn the property of any person, firm, or corporation, for the purpose of operating and maintain- ing any such utility, and for distrib- uting such service tnroughout the city or any portion thereof, but in such con- demnation proceedings no allowance shall be made for the value of any franchise and only the actual physicar 30 assets shall- be purchased by the City of Collinsville. Sec. 2. To acquire or own within or without the city limits either by purchase, donation, bequest or other- wise, all property it may need for any municipal purpose, whatever; and all necessary right of ways thereto, and shall also have the power to sell and dispose of the same, except as other- wise provided in this charter. Sec. 3. To provide all needful build- ings for the use of the city; to pro- vide for enclosing, improving, orna- menting and regulating all public grounds belonging to the city; to pro- vide hospitals and regulate and main- tain the same, and to permit or pro- hibit private hospitals; and to estab- lish an active system of inspection over premises' and conduct of persons. To purchase or condemn and hold for the city, within, or outside of the city limits within five miles therefrom, all necessary lands for hospital pui'poses and waterworks and erect, establish and regulate the hospitals, workhouses and poorhouses, and provide for the government and support of the same, and make regulations to secure the gen- eral health of the city, and to prevent and remove nuisances, and to make provisions for furnishing the city with water; and water rates shall be fixed annually by the commissioners at their first meeting in June; provided, the con- demnation of such property outside of the city limits shall be regulated in all respects as provided by law for the con- demnation of property for railroad pur- poses; and provided, further, that the police jurisdiction of the city shall ex- tend over such lands and property to same extent as over public cemeteries. Sec. 4. To lay out, establish, open, alter, widen, lower, raise, extend, grade, narrow, care for, pave, supervise, main- tain and improve street, alleys, side- walks, squares, parks, public places and bridges and to vacate and close the ime:- to sprinkle, sweep and care for the streets and regulate the use there- of, and to require the removal from the streets and sidewalks of all obstruc- tions, telegraph, telephone, street rail- way or other poles carrying electric wires, signs, fruit stands, show cases, awnings, and encroachments of every character upon said streets and side- Avalks; and to vacate and close private ways. The cost of constructing sidewalks and keeping the same in repair, to- gether with the cost of collection, shall be defrayed entirely by the property owners in such manner as the Board of Commissioners may provide, and shall be a perpetual lien on the property until paid. Sec. 5. To prevent any street or side- walk from being dug up or excavations to be made therein, unless the same be done with the permission of the Board of Commissioners and under the direc- tion of the City Engineer, or other of- ficer designated by the Board of Com- missioners, and to prescribe and exact fees for such privileges and deposit as guarantees of proper restoration of such streets or sidewalks. Sec. 6. To regulate, establish and change the grade of all sidewalks, streets and premises and to require and compel the filling up and raising the same. Sec. 7. To permit, prevent and regu- late the laying of gas, water and sewer mains and pipes in the City of Collins- ville; to compel any person using the streets, alleys jor sidewalks for build- ing or other purposes to repair, clean up and restore said streets, sidewalks, and alleys so used. Sec. 8. To provide for, establish and maintain a free public library within the city, and to co-operate with any person, firm or corporation under such terms as the Board of Commissioners may prescribe for the establishment of such free library, and to that end they shall appropriate annually out of the general revenue of the city a fund for 31 the support and niaintenanep of said public library. Sec. 9. To buy, establish, lease, main- • tain, regulate and operate markets andj market places, and abattoirs, and to '. build, own and maintain buildings there- for, and to rent and lease the same. See. 10. To establish and maintain sanitary closets for the service of the public, and to obtain by purchase or condemnation property for such closets. Sec. 11. The city shall have power to open, widen, extend or otherwise im- prove any street, avenue, alley; and to annul, vacate or ta discontinue the same or to grant to any other public use when deemed necessary or expedi- ent; to provide that all damages sus- tained by citizens of the city or owners of property therein shall be ascertained by condemnation proceedings, such pro- ceedings shall be had in all respects as provided by law for the condemnation of property for municipal purposes in cities of the first class, and provided further, that whenever any street, ave- nue or alley shall be vacated the same shall revert to the owners of real estate thereto adjacent on each side in proportion to the frontage of said real estate, except in cases when such streets avenues, or alleys shall have been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots of real estate in proportion as it was taken from them, provided, that when in the opinion of the Board of Commissioners of the city, that it is necessaiy to re- open such alleys that they may order such alley opened without any expense to the city. Sec. 12. The city shall have power to prohibit and prevent all encroachment into and upon the sidewalks, streets, avenues, alleys and other property of the city, and may provide for the re- moval of all obstructions from the side- walks, curbstones, gutters and cross walks at the expense of the owners or occupiers of the grounds fronting there- 1 on. or at the expense of the person placing the same there; the city may, also regulate the planting and protec-J tion of shade trees in streets and the^ building of bulk heads, cellar and base- \ ment ways, stairways, railposts, awn- ing posts, and all other structures proj- ; ecting upon or over and adjoining, and' all excavation through and under the] sidewalks or along the streets of the'^ city. .^ Sec. 13. The city shall have power tO:i establish, alter-^nd change the channel^ of water courses and wall them and^ cover them over; and may establish; make and regulate public wells, cis-^ terns, aqueducts and reservoirs of water; and provide for the filling of same. j Sec. 14. The city shall have powers to provide for and regulate the lightings"! of the streets and erecting of lamp i posts and shall have power to make con- ; tracts with and authorize any person,: company or association to erect gas or] electric works in such city and give 8uch| person, company or association the priv-] ilege of furnishing gas or electricity toj light the streets and alleys of said cityl for any length of time not exceeding^ twenty- fiv« years but no such gran|;^ shall be construed as to prevent theJ city from granting to other persons, ori companies, or corporations the right to^ use the streets for like purposes; and- all such grants shall be subject, at all] times to reasonable regulation, by ordi-^ nance. ] See. 15. To fix the salary of any of-^ ficer of the city, not fixed by this char*! ter, to create such other offices as may'; be required from time to time and to^ abolish said offices and to fix salary' of the same. Article XIII. i Section 1. Franchises. The ownership, i right of control and use of the streets,:; highways, alleys, parks, public places: and all other real property of the City; of Coll ins ville, is hereby declared to bei inalienable to said city, except by ordi-j nance passed by the vote of the major- i 32 ity of the Board of Commissioners, as hereinafter provided; and no franchise or easement involving the right to use the same, either along, across, over or under the same, shall ever be valid, un- less expressly granted and exercised in compliance with the terms hereof, and of the ordinance granting the same. No act of omission of the city, its Boar4- of Commissioners, officers or agents shall be construed to confer or extend by estoppel or indirection, any right, franchise, or easement, not expressly granted by ordinance. Sec. 2. The City of CoUinsville shall have power subject to the terms and provisions hereof, by ordinance, to con- fer upon any person or corporation the franchise or right, to use the property of the city, as defined in the preceed- j ing section, for the purpose of furnish- ing to the public any general public' service, including heat, light, power, ' telephone service, refrigeration, steam, j or the carriage of passengers or freight within the said city, or for any other : ])urpose whereby a general service is to be furnished to the public for compen* sation or hire, to be paid to the fran- chise holder, whereby a right to, in j part, appropriate the streets, highways . or other property of the city, is neces- j aary or proper, provided that no fran- ' chise shall be ganted by said city to any person, firm or corporation, to own, control or operate waterworks or elec- tric light and power plant therein. Sec. 3. No exclusive franchise or privilege shall ever be granted, nor a • franchise, nor a privilege to commerce ; at any time after six months subse- , quent to the passage of the ordinance ' granting the same and no franchise shall be directly or indirectly extended beyond the term originally fixed by the ordinance granting the same, nor shall ■ any franchise be- granted to any per-, son or persons or corporation, authoriz- ing such person or corporation, their as- ' sociates. assigns or successors to acquire the physical property, rights or fran- '< chise of another person or corporation to whom or which a franchise has al- ready been granted by the city whereby the rights and properties held and used under such franchise are assigned to an- other person, firm or corporation which holds a franchise extending beyond the time of the expiration of the franchise of the person, firm or corporation sell- ing such physical properties, rights or franchise. Sec. 4. The City of CoUinsville shall have the power by ordinacne to grant any franchise or right mentioned in the preceeding sections hereof; provided that the city shall not grant, extend or renew a franchise without the. approval of a majority of the qualified tax-pay- ing voters residing within its corporate limits who shall vote thereupon at a special or general election; and the leg- islative body of the city shall submit any such matter for approval or dis- approval to such electors at any general municipal election or call a special elec- tion for such purpose upon thirty days' notice and no franchise shall be granted, extended or renewed for a longer period than twenty-five years. Whenever a petition signed by a number of qualified voters of the city, equal to twenty-five percentum of the total number of votes cast at the next preceeding general municipal election, demanding that a franchise be granted, extended or renewed, shall be filed with the chief executive officer of the city, the chief executive officer shall, within ten days, thereafter call a special elec- tion, at which he shall submit the ques- tion of whether or not such franchise shall be granted, extended or renewed, and if at such election the majority of the said tax-paying voters voting there- on shall vote for the granting, extend- ing or renewing of such franchise the same shall be granted by the proper authority at the next succeeding reg- ular meeting of the legislative body of the city. Sec. 5. All persons or corporations to 33 whom franchises may hereafter be granted,. or their assigns and successors, shall as compensation for the rig^t or privilege enjoyed pay to the city a sum not less than four per cent, of the gross receipts of the business pursued by the holders of the franchise. The amount of said bonus or compensation shall be fixed by ordinance granting the fran- chise and shall be payable on the twen- tieth day of January in each year, for the preceeding year. Said bonus or com- pensation shall be exclusive of and in addition to all lawful ad valorum taxes upon the value of the franchise or other property of the holder thereof, and law- ful occupation taxes imposed upon the occupation or calling the holder of such franchise. The Board of Commissioners may, however, in their discretion in the order granting any franchise, provide, that no bonus shall be paid for the first five years thereof, when such power has been conferred upon the Board of Com- missioners by a majority of the tax- paying voters voting on said proposi- tion at a regular or special election. Sec. C. In order to ascertain the true amount of such gross receipts and to determine the amount of such bonus or compensation and for any other purpose relating to the business or affairs of the franchise holder, the Board of Com- missioners shall have power to examine or cause to be examined the books, papers, and records of franchise holders; to take testimony and compel the atten- dance of witnesses under oath and under such rules and regulations as said Board of Commissioners may adopt, and should any franchise holder refuse inspection of its books, papers or records or the pro- duction of the same when lawfully re- quired to do so by the said Board of Commissioners, or should any officer, agent, or employe of said franchise holder refuse to give testimony beforf said Board of Commissioners, then said Board of Commissioners shall have power, by ordinance, to declare the fran- chise or privilege enjoyed b\fc sucli cor- poration, or person so in default, an- nuled and terminated.! Sec. 7. The right is hereby delegated to the City of Collinsville acting through its Board of Commissioners to determine, fix and regulate the charges, coi-poration enjoying or that may enjoy a franchise or exercising any other pub- lic privilege in said city and to pre- scribe the kind of service to be fur- nished by such person, firm or corpo- ration, and the manner in which it shall be rendered, and from time to time to alter or change such rules, regulations and compensation. The Board of Com- missioners shall make rules and regula- tions granting a fair hearing to per- sons or corporations to be affected by said regulations, and no change in regu- lations shall be adopted except after notice to the persons affected and after a fair hearing shall be granted them; p)Ovided, that in adopting such regula- tions and in fixing or changing such compensation or determining the rea- sonableness thereof, no stock or bonds authorized or issued by any corporation enjoying a franchise shall be considered unless upon proof that the same have been actually issued by the corporation for money paid and used for the devel- opment of the corporate property, labor dne or property actually received in accordance with the laws and Constitu- tion of the State applicable thereto; and in order to ascertain all facts necessary for a proper understanding of what is or should be a reasonable rate or regu- lation, the Board of Commissioners shall have full power to inspect books and compel attendance of witnesses as provided herein for a failure or refusal to attend and testify or produce books. Sec. 8. No franchise shall here- after be granted except upon condition that the city shall have the right at any time after fifteen years from the granting thereof to purchase the physi- cal properties of the franchise holder and to terminate its franchise, and all privileges enjoyed by i< thereunder; 34 provided, the majority of the qualified railway within the city or its suburbs tax-paying voters of the city voting shall be subject to the condition that thereon, shall vote to do so; provided, , the Board of Commissioners shall have that upon the petition of fifteen per ' the right to grant to any other person centum of the qualified tax-paying vot- j or corporation desiring to build or oper- ers to the Board of Commissioners the ate a street railway or interurban rail- matter of the acquisition of such prop- ' way within or into the City of Collins- erty shall be submitted to an election ville, the right to operate its cars over to be determined by a vote of the ma- ,' the tracks of said street railway inso- jority of the qualified tax-paying vot- far as may be necessary to enter said era. voting thereon; which election shall city and to reach the section thereof be held at the next preceeding election used for business purposes; provided, in said city, after at least twenty days' that the person or corporation desiring notice shall have been published three to operate its cslrs over the lines of said times in a daily or weekly neAvspaper, street railway shall first agree in writ- published in said city and provided, ing with the owner thereof to pay it that the owner of such physical prop- reasonable compensation for the use of crty shall be compensated for the value its tracks and facilities. And if the thereof, considering solely the physical person or corporation desiring to use assets, such value to be determined by the same cannot agree with said owner the report of the majority of thr-ee arbi- of said street railway as to said com- trators, one to be selected by the city, pensation within sixty days from offer- one by the owner of the physical prop- ing in writing to do so, and as to terms crty to be valued, and the third by the and conditions of the use of said track arbitrators so selected. But if the own- , and facilities, the Board of Commission- er of such physical property shall re- ' ers shall by resolution, after a fair fuse for thirty days to select an arbi- : hearing to the parties concerned, fix the trator, then the value of such property , terms and conditions of such use and sjjall be fixed by vote of the majority , compensation to be paid therefor, which of the Board of Commissioners. \ award of the board, when so made, shall Sec. 9. Ordmances granting fran- be binding on and be observed by the chises shall be subject to the terms parties concerned. hereof, and shall contain such terms and Sec. 11. Interurban railways are de- conditions as the Board of Commission- fined to be in the meaning of this char- ers shall see fit to impose. All fran- ter, railways operating their cars by chises shall be exercised in accordance electricity or other motive power, for with the terms of the ordinance grant- the carriage of freight and passengers ing the same and of this charter. If for hire, not wholly within the city and such franchise shall not be exercised in its suburbs to other towns, cities or substantial accordance with the terms villages. hereof, and of the or4inance granting! Sec. 12. The jjoard of Commissioners tlie same, then after notice to and rea- shall have power, subject to the terms sonable hearing of the holders thereof, j and conditions contained in this char- such franchise may be cancelled or an- i ter, to grant to any person or corpo- nuled and the Board of Commissioners ! ration desiring to extend an interurban shall, by ordinance, adopt reasonable ] railway into the city, the right to lay rules and regulations for such notice and tracks and operate cars over the streets hearing. or other property of the city and over Sec. 10. Any franchise or right which the tracks of other street railways for may hereafter be granted by any per- ' a term not exceeding twenty-five years, son or corporation to operate a street Sec. 13, The right mentioned in the 35 proeooding section sliall be granted by. ordinance only. The granting or refus- ing of the right or franchise herein mentioned shall be subject to the terms and provisions of this charter concern- ing the submission of general franchises to a vote of the qualified tax-paying voters of the city, which shall in all things govern and apply thereto. Sec. 14. The ordinance granting such right or franchise, shall contain such conditions as may seem proper to the Board of Commissioners and shall pro- vide for such reasonable compensation to the city as may seem just to the board for the use of the franchise or right granted, which compensation shall be payable anually. And the ordi- nance granting such right or franchise Shall provide that failure to pay said compensation at the time specified therein shall forfeit and terminate said franchise. Said compensation shall be deemed to be a bonus payable to the fares or rates of any person, firm or city for the use and the right granted and shall be exclusive of and in addi- tion to all ad valorum or occupation taxes, payable by the owner of said franchise. Sec. 15. The terms of this charter concerning the granting of franchises to persons or corporations for the purpose or rendering any public service wholly within the city and its suburbs shall not apply to interurban railways, ex- cept as specified in the four preceeding sections and in the various sections pro- viding for the referendum. Sec. 10. The Board of Commission- ers shall have power to authorize steam railways operating their lines from the ( ity of Collinsville to other towns and cities beyond its limits to lay their switches on and over the streets and other property of the City of Collins- ville, or such pai-ts thereof as the Board of Commissioners may see fit, subject to the terms of this charter mid to such conditions as may be imposed by the j Board of Commissioners. I Sec. 17. The City of Collinsville shall ! have the power, by ordinance or other- j wise, to regulate the speed of engines, I locomotives and street cars within the limits of said city; and to .require steam interurban and electric railway j companies to keep the streets over which they run properly drained and to light the same wherever deemed neces- sary and to require steam, interurban and electric railway companies to con- sti^uct and keep in repair from curb to curb, bridges and crossings over all i ditches made or crossed by any line of j said railways on all streets over which they run; to direct and control the lay- ing and construction of railroad tracks, turnouts and switches and to regulate the grade of same, and to require them to conform to the grade of the streets of said city as they may hereafter be . or are now established, and that said tracks and turnouts and switches be so constructed and laid out so as to in- terfere as little as possible with the ordinary travel in the use of the streets; to recjuire steam railways using any portion of the streets of the city to pay all or any part of the paving, grading, draining and repairing thereof along the streets so used by such rail- way, and to light the same whenever and wherever deemed necessary or ad- visable; to require any street or electric railway company to pay the cost of grading, paving, repairing or repaving, I or otherwise improving the street or streets or intersections thereof used or occupied by such railway company and such cost shall be a lien upon the prop- ! erty and franchise of the company. I The portion of the street occupied by an electric or street railway company ' shall be deemed to be the space be- tween its track^ and twenty-four inches on the outside of each of its rails, and all the space between double tracks, turnouts and switches. Any railroad cnni])nny. infonirban or 36 trcot railway company proposing, with , he permission of the City of Collins- \ iVuK to occupy any street or streets already occupied by any other such ((.Hipany shall, besides paying for pav- ing as may be required by the City of < ollinsville or by the provisions of this charter, be required also to pay for pav- ing between the tracks of said roads w itliin t*venty-four inches of the track if .^uch other road, and such costs shall i)e a lien upon the property and fran- chises of the company; and if the Board of Commissioners shall so direct, said street or electric railway company may .)>• required to pave the street or streets iKcupiod by them from curb to curb. Sliould any railroad or street railway ri)nij)any propose to lay* a track on any street or portion of a street which shall iiave been improved under the provis- ions of this act, it shall become liable for the portion of the cost of such ira- [uovement as the Board of Comraission- . IS may direct, or as is fixed by this charter. No railroad or street railway company shall be permitted to occupy any street or portion of a street, im- proved or otherwise, not previously oc- cupied by it, except with the permis- sion of the Board of CommiS^oners, and majority of the tax-paying voters vot- ing therefor at a regular or special elec- tion. Sec. 18. All persons or corporations now operating, or hereafter operating within the corporate limits of the City of Collinsville, any interurban electric railway line, either on their own or other street raihvay tracks, shall be required to give reasonable local pas- senger service thereon within the cor- porate limits of the City of Collins- ville between all points on said inter- urban line or lines for a fare not ex- ceeding five cents, and to that end shall be required to stop passenger cars so operated by them at all street cross- ings in said city, to take on and let off local passengers, provided that this shall not apply to any portion of such interurban lines where local service is furnished by local cars to the same ex- tent as is required under the foregoing provisions hereof. Sec. 19. The City of Collinsville shall have the power by ordinance, to fix and regulate the price of water, gas and electric lights, and to regulate and fix the fares, tolls and charges of local tele- phones and exchanges of public car- riers and hacks, whether transporting passengers, freight or baggage, and gen- erally to fix and regulate the rates, tolls and charges, and the kind of ser- vice of all public utilities of every kind. feec. 'M. The Board of Commission- ers shall have the power to require any corporation holding a franchise from the city 'to allow the use of its tracks, poles and wires by any other corpora- tion to which the city shall grant a franchise, upon the payment of a rea- sonable rental therefor to be fixed by the Board of Commissioners. Sec. 21. Any election and all regular and special elections held in and fpr said city shall be governed in all re- spects by the general election laws of the State, except as herein specially provided. Sec. 22. The Board of Commission- ers shall be vested with the power and charged with the duty of adopting all laws and ordinances not inconsistent with the constitution and laws of this State touching every object, matter and subject within the purview of the local government instituted by this charter. Sec. 23. All salaries and wages to be paid employes of the city, except as otherwise provided herein, shall be fixed and paid by the Board of Commission- ers, acting as a whole, and shall not become effective unless at least two members of the board shall vote there- for. Sec. 24. It shall be the duty of the Board of Commissioners, on the second Monday in July, or as soon thereafter as practicable, to appropriate such sums 37 of money, respectively, lor each of the Aaricua fUpaitments of the city govern- iiU'iit as it deems necessary for the maintenance and operation thereof dur- ijig the current year. The current fiscal year shall begin at 12:01 o'clock a. m., on the fust day of July of each year. In addition to the department appro- priations herein provided for, the Board of Commissioners shall also make such appropriations for contingent purposes, us may be deemed necessary. The appropriation herein provided for based upon estimates submitted by the Business Manager, in his annual budget, provided the same shall have been sub- mitted to the board as herein provided. The head of each department created by the Board of Commissioners shall maki' a written report to the Business ]\lanager not later than the fifth day of .July in each and every year, show- ing the operation of such department for the preceding year. These reports shall be transmitted to the Business Manager and shall accompany and be made a part of the Business Manager's report to the Board of Commissioners, which report shall not be made later than the second Monday in July in each year. The Business Manager shall also make such recommendations to the Board of Commissioners concerning the increase or decrease of departmental estimates as in his judgment may best serve the interests of the city. He shall also submit an estimate for a special contingent fund for the current year. In making up the budget allowance for any current year the Board of Com- missioners shall first make provisions for the payment of the interest and for the creation, setting aside and preser- vation of a legal sinking fund upon all of the outstanding indebtedness of the city and shall then make such appropri- ations as the remaining revenues of the city may justify to be appropriated among the respective departments, or otherwise appropriated for public uses, 38 as the Board of Commissioners may deem best; provided, however, that in no case shall the entire appropriation so made, including interest and sinking fund on the bonded debt, and appro- priatioiyfor all other public uses and purposes, ever exceed the estimated available resources, which shall be based upon the probable revenue of the city derived from ad valorem taxes upon the basis of the total valuation of property for taxation for the preceeding year, and of such other contingent revenues of the city as will probably accrue. It shall be deemed malfeasance for the Board of Commissioners to make an appropriation in the budget, the sum total of which shall exceed the esti- mated available or .probable revenues for any current fiscal year. See. 25. The Board of Commission- ers at its second regular meeting in June of each year, or as soon there- after as practicable, shall levy the an- nual tax for such year, but special taxes or assessments allowed by this charter may be levied, assessed and collected at such times as the Board of Commis- sioners in each case may provide. Sec. 26. The Board of Commissioners shall have full power to provide, by ordinance, for the prompt collection of taxes, levied, and imposed under this charter, and are hereby authorized, and to that end may and shall have full power and authority to sell or. cause to oe sold all kinds of property, real and personal, and may and shall make such rules and regulations and ordain and pass all ordinances deemed necessry to the levying, laying, imposing, assessing and collecting of any taxes provided for in this charter. Unless otherwise pro- vided by this charter and by ordinance passed thereunder, all property in such city liable to taxation shall be assessed in accordance with the provisions of general laws of the State insofar as ap- plicable. Sec. 27. The Board of Commissioners shall have the management and control of the finances oi the city except as otherwise lieiein provided. They shall have the power to appropriate money and provide for the payment of debts and expenses of the city; to provide by oidinance special funds for special pur- poses provided for under the provisions of this charter, and to make the same disbursable only for such purpose, and to impose i)roper penalties for enforcing the same; to provide by ordinance for the payment of any existing and out- standing indebtedness and for the pay- ment of any bonds that may from time to time, be issued, and shall for such purposes have the power to levy, assess and collect a special tax. Sec. 28. The Board of Commissioners shall have the power to fund or re- fund by ordinance the whole or any part of the existmg debts of the city, or any further debt by acquiring and cancelling the evidence thereof and to issue other bonds in lieu thereof, either registered or coupon, bearing interest at a rate not greater than the original in- debtedness, and to this end may apply the sinking fund belonging to any series of bonds so refunded, and may pay and Retire any bond by using the sinking; fund thereof. Sec. 29. Neither the Business Mana- i gcr nor any member of the Board ofj Commissioners, nor any elective or ap- i pointive employe of the city, shall he [ directly or indirectly in the employ of, any person, company, or corporation \ holding or seeking to hold any franchise _ of the City of Collinsville, or shall re- 1 recive, directly or indirectly, any wage,! commission fee, gift, favor or payment; from any such franchise holder, and a! violation of this section shall ipso facto,} render vacant the position held by the person so violating it, and shall be pun- ished as bribery. No member of the Board of Com- missioners or any other officer of the; city shall be directly or indirectly in- terested in any work, business or con- tract, the expense, price or considera- ' tion of which is paid from the City Treasury, or by any assessment levied by ordinance or resolution of the Board of Commissioners; nor by the surety of any person having any contract v^ork or business with said city for the perform- ance of which security may be required, nor be the surety on the official bond of any officer of the city. Contracts in violation of said provision shall be void, and any officer violating the fore- going provisions shall be deemed guilty of malfeasance. Sec. 30. The Board of Commissioners shall by ordinance adopt such rules and regulations for its government and order of business as its members may deem best. It shall be the judg^ of the quali- fications and election of its members, including the Business Manager, and shall have authority to recount the votes cast for either of its members, and to correct the results, which may have been theretofore declared, in the event notice of a contest of any such election shall be given within thirty days after such election shall have been held. It shall also be the judge of the election and qualification of all other city officers subject to the provisions of this charter . applying thereto. It may punish members, or other persons, during its sittings by fine or imprison- ment in the city jail, or by both such fine and imprisonment, for disorderly conduct. Sec. 31. The Business Manager and each commissioner and clerk, and City Assessor and Collector of Taxes, be, and they are hereby authorized to adminis- ter oaths in the municipal affairs and government of the city. Sec. 32. All the powers vested in this charter in the Board of Commis- sioners of the City of Collinsville, in regard to ordinances and all legislative authority vested in said board, are sub- ordinate and subject to said powers of the initiative and referendum as set forth in the Constitution and statutes of the State of Oklahoma, which are now in 39 force and effect, or wliich may ho here- lur of his office to assess and collect ' after passed to carry out the provisions the taxes herein provided for. The * of the constitution in regard to the Board of Commissioners shall collect all j initiative and referendum. . taxes due the city, whether the same 1 Article XIV. be general, special assessment, occupa- . Revenue and Taxation. . tion, license or otherwise, and shall de- ^ Section 1. The City of Collinsville posit same in the city's depositories J shall have the power and is hereby within twenty-four (24) hours of their \ authorized annually to levy and collect collection and shall make and publish i taxes for general revenue purposes, not a monthly report of the same. They .' to exceed eight (8) mills on the dollar shall be vigilant anH. see that no busi- j of the assessed value, on all real, mixed i.oss of any kind is conducted unless the ■ and personal property in the city, not license or occupation tax due shall have : exempt from taxation by the Constitu- tion and Laws of the State of Oklaho- been first paid. The Board of Commis- sioners shall be responsible for all acts ma; provided, that an additional levy of the officials charged with the assess- ] of not more than four (4) mills on the nieut and collection of the taxes herein dollar of the assessed value on all real, provided for. They shall be active in ^ mixed and personal property in the city ; the collection of all delinquent taxes i not exempt from taxation by the Con- , and enforce their collection as herein 1 stitution and ].aws of the State, when provided, and as may be provided by j a majority of the qualified tax-paying ordinance. ! voters of the city, voting at an election | For the failure of any officer to de- | held therefor or at any other election, ' posit in any of the depositories of the ■ shall vote in favor thereof. : city within twenty-four hours of the | Sec 2. The City of Collinsville shall collection thereof of all moneys col- i; levy and collect sufficient additional lected by him, said officer and .the sure- ■ revenue to create a sinking fund to be ties on his bond shall be required to ; used, first, for the payment of interest pay interest to the city at the rate of ■ coupons as they fall due; second, for ten per cent, per annum on such money .J the payment of bonds as they fall due; until deposited. FaUure to deposit any : third, for the payment of such parts of collection as required, shall remove said 5| judgments as said city may, by law, be officer, ipso facto, and failure to so re- ] re the day set for the hearing. Said notice need not specifically desig- nate the particular property, or the amount to be increased. When the owner is unknown the newspaper notice shall be sufficient. The Board of Commissioners shall have power to prorate the taxes against tracts of land owned by different own-, ers, which have been taxed together as one tract, and to divide and apportion the lien to each of the several tracts according to its proportion of the entire assessment. For the purpose of carrying out the piovisions herein made for the assess- ment and collection of taxes, the Board of Commissioners shall create by ordi- nance the office of City Assessor and Collector of Taxes, provide the rules and regulations for said office not in- consistent with the provisions of this charter and may combine said office with any other office. Sec. 4. The Board of Commissioners shall have full power to provide by ordinance for the prompt collection of faxes assessed, levied and imposed un- der this charter, and are hereby author- ized, and to that end may and shall have full power and authority to sell or cause to be sold all kinds of prop- erty, real and personal, and may, and shall make such rules and regulations and ordain and pass all ordinances deemed necessary to the levying, lay- ing, imposing, assessing and collecting of any taxes provided for in this char- ter. Unless otherwise provided by or- dinance and this charter, all property in such city liable to taxation shall b^ as- sessed in accordance with the provisions of the general laws of the State, inso- far as applicable. Sec. 5. The Board of Commissioners shall have power by ordinance to reg- ulate the manner and mode of making out tax lists, inventories and appraise- ments of property therein, and to pre- scribe the oath that shall be adminis- tered to each person on rendition of his property, ana prescribe how, when and where property shall be rendered, and to prescribe, the number and form of assessment rolls and fix the duties and define the powers of City Assessor and adopt such measures as the Board of Commissioners may deem advisable to secure the assessment of all property within the city limits, and collect the tax thereupon, and may provide a fine for all persons neglecting, failing or re- fusing to render their property for tax- ation. Sec. 6. The Assessor of Taxes shall, at least ten days before the first day of January of each year, give public notice by advertisement in some paper, that all persons owning or controlling, as agent or otherwise, any personal prop- erty or real estate subject to municipal taxation on or before the first day of April of each year All merchants do- ing business in the city are required within the same time, to furnish the Assessor and Collector of Taxes a true statement, verified by affidavit, of all goods, wares and merchandise owned or kept on hand by such merchant on the first day of January. Any merchant failing to comply with this require- ment shall be liable to such fine as may be imposed by ordinance. Sec. 7. If the Assessor of Taxes shall discover any real or personal property which was subject to taxation for any previous year, and which from any cause has escaped taxation for that year, he shall assess the same in a supplement to his next assesment roll at the same rate under which such prop- erty should have been assessed for such year, stating the year, and the taxes thereon shall be collected the same as other assessments: Provided, that such supplement roll may be made at any time and reported to the Board of Com- 41 niissionrrs tor its approval, and any nnmbor of aiich rolls may bo made that may bo noeossary. Tlio taxes assessed in .suelt supplement rolls for years pre- vious to the approval of such rolls by the Board of Commissioners, and such taxes may boar interest at the rate of six per- cent, per annum from date on which the same Mould have been delin- quent if levied and assessed, and if the same shall not be paid within thirty days after the date of such approval the Board of Commissioners shall pro- coed to collect the same by advertise- ment and by sale of such property as soon as practicable; such advertisement and sale to be made in the same man- ner, and for the same time as in cases of the sale of such property for other ad Valorem taxes, as prescribed by the city charter: Provided, that a misnomer of. or failure to name the owner in the assessment roll shall not affect the va- lidity of the assessment of any taxes; and. pi'ovided further, that when such taxes have not been attempted to be assessed for such previous year, such taxes shall bear interest only from the date of approval of the supplement rolls. The Assessor of Taxes may in any year reassess property, which, because of ir- regularity in the assessment, of any previous year may have been improp- erly assessed; such reassessment shall be at the value at which it should have been assessed in any such year, and property owners of such property shall take notice of such reassessment, if made prior to the first of April in any year, but if made after such date, notice shall be given by the Assessor and Col- lector of Taxes as in case of the raising of an assessment. Any property owner whose property has been reassessed may appeal to the Board of Commissioners as in case of an original assessment. See. 8. The Assessor of Taxes shall assess all property which for any cause has not been rendered, placing such valuation thereon as he may deem just. If the owners of such property are un- known, such assessment may be made in the name' "unknown." Sec. 9. No irregularity in the time or manner of making or returning the city assessment rolls or the approval of such rolls shall invalidate any assess- ment. Sec. 10. All property, real and per- sonal, shall be rendered for taxation by the owner thereof or his agent as pro- vided by the laws of the State for the rendition of property for assessment by the county: Provided, however, that in making such renditions the owner or agent shall not be required to state the value of the real property, but shall furnish to the assessor, verified by the oath of the party making such rendi- tion, a full and complete list and sched- ule of all property, real and personal, belonging to the person, firm or corpo- ration in whose name such property is rendered. It shall be the duty of the assessor to value each and every item of the property so rendered in accord- ance with the fair cash value estimated at the price it would bring at a fair, voluntary sale to be applied alike to all tax-payers, and to transmit to the Board of Commissioners all renditions thus made, together with a statement by him, verified by his oath, to the effect that he has truly,' fairly and equally valued all such property. The Board of Commissioners, sitting as a board of equalization and appeals, shall revise the tax roll?, and it shall be their duty to correct all unequal assessments, and to increase or reduce the valuation fixed by the assessor as the case may require, so as to equalize the basis and method of assessment adopted for all such renditions. It shall also be their duty to hear and fairly determine all appeals from f»roperty assessments fixed by them or under their authority. It shall be the duty of the Board of Commissioners to adopt such rules and regulations from time to time as to them may appear necessary to secure complete renditions for assessments of 42 ail taxable property in the city. The Board of Commissioners shall cause to be prepared, as soon as prac- ticable, an alphabetical list of the tax- payers of the city, together with the total ainoiiiit of property assessed against each which list shall be pre- served in the office of the Business Manager and shall be accessible to the public. Sec. 11. A lien is hereby created on all property, personal and real, in favor of the City of Collinsville, for all taxes, ad valorem, occupation or otherwise. Said lien shall exist from August first each year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or trans- fer of any kind, or judicial writ of any kind, can ever defeat such, lien, but the Busincr.s Manager shall pursue such property, and whenever found may sieee and sell enough thereof to satisfy such taxes. Sec. 12. If anyone against whom a personal tax is assessed, and which is due and unpaid, whether the same be delinquent or not, shall have removed out of the city, or shall be about to re- move out of the city, or shall have re- moved or about to remove his personal property out fo the city, it shall be the duty of the Business Manager to pro- ceed at once and collect such taxes by seizure and sale of any personal prop- erty of such person to be round in the City of Collinsville or anywhere in the State of Oklahoma. Sec. 13. All taxes shall be payable at the office of the Business Manager or City Assessor and Collector of Taxes, and the Board of Commissioners shall have full power to sell or cause to be sold, all personal and real property for taxes due, and shall make all rules and regulations necessary for such purpose. Sec. 14. No demand for taxes shall be necessary, but it is hereby made the duty *of every person or corporation subject to taxation to attend at the office of the Business Manager some time between the first day of August and the first day of November in each year and pay his or her taxes. If any taxpayer shall fail to pay such taxes before the first day of November after the same shall become due, the same shall be delinquent and bear interest at the rate of six per cent, per annum Upon all taxes paid or collected aftej the first day of November the Busines? Manager shall collect from the delin quent taxpayer a penalty of two pei cent, of the total amount of taxes col- lected or paid by such taxpayer. On all taxes paid or collected after the first day of December next following the time when such taxes shall have become due, the Business Manager shall collect a penalty of four per cent, on the total amount of taxes paid or collected. On all taxes paid or collected after the first day of January next following the date on which such taxes shall have be- come due, the Business Manager shall collect a penalty of six per cent, on the total amount of taxes paid or collected. On all taxes paid or collected after the first day of February next following the time at which such taxes shall have be- come due, the Business Manager shall collect a penalty of ten per cent, on the total amount of taxes paid or col- lected, which penalty shall be cumula- tive of and in addition to the interest provided for by this section and such penalties shall be an obligation of the taxpayer, and be secured by the same lien and collected in the same manner as the taxes. Sec. 15. The Business Manager shall, by virtue of his tax rolls, have power and authority to seize and levy upon personal property and real estate and sell the same to satisfy delinquent taxes. When he seizes personal prop- erty for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the City liall door, at least ten davs before the 43 ^u'Av of sale. He shall si^ll the same U) Ihe liighest bidder for cash for all taxes, interest, cost and expense of car- ing for said property, and shall make an entry in the books of sales of the amount realized; all such sales shall be made at any door of the City Hall specified by ordinance. Sec. lo. Before sales of real estate are made, notice of the time and place tt' sale, together with, as near as may be, a description of the property shall be given by posting one* notice at the City Hall in the City of Collinsville. also by publication in some newspaper of the city, for at least three weeks, and sliall be published not more than twice in any one week which shall con- tain a statement of the amount due on each particular piece of ground; all such scales shall be made at any door of the City Hal!, specified by ordinance. Sec. 17. The Board of Commissionera shall have full power to do, or cause to be done, everything whatsoever nec- essary to enforce a prompt and valid assessment and collection of all taxes and assessments provided for in this charter, and to make all regulations necessary for a valid assessment of such taxes and for the sale of property foi- said taxes and assessment. Sec. 18. The Buiness Manager shall, where any real estate has been sold for taxes, make and execute a deed to the purchaser for the property sold, which deed shall be prima facie evidence of the following facts: First. That the lot or lots, or prop- erty conveyed, was or were subject to taxation and assessment at the time of such sale, and at the time taxes thereon were levied and assessed, and that such taxes were regularly levied and assess- ed in all respects according to law. Second. That such taxes were not paid in whole or in part at any time before such sale and that a lien existed on the property conveyed in such deed for taxes. Third. That the real estate therein conveyed was advertised according to law. Fourth. That the property conveyed was advertised according to law, -was regularly and lawfully sold for taxes which were delinquent at the time of the advertisement and sale. Fifth, When such property shall have been sold to the City of Collins- ville or any other purchaser, at such sale, either for general or special taxes, the title acquired by the city, or such purchaser shall not be disputed by any person whomsoever, or for any cause whatever, except upon tender to said city, or purchaser, of the taxes lawfully due on such property for which such sale was made, together with law^ful in- terest thereon, and all accrued penal- ties and costs, as provided by the city charter of the City of Collinsville. Sec. 19. A sale of personal property for delinquent taxes shall convey with it an absolute title and the owner shall have no right to redeem the same. Sec. 20. The city shall have the right to become a purchaser of property at tax sales, and the chairman of the Board of Commissioners shaJl attend such sales for such purpose, and may empower any person to so bid on be- half of the city. Sec. 21. Whenever any real property is bid off to the city, or to any indi- vidual for delinquent taxes, the owner or attorney, or his agents may redeem the same at any time within two years from day of sale by paying the follow- ing amounts: All taxes paid or due, ten per cent per annum interest thereon from the time they became delinquent, and two and one-half ($2.50) dollars as costs on each piece of property sold, and as a further penalty, a sum equal to twei^ ty-five per cent, of the amount of the delinquent tax, if redeemed in three months; fifty per cent penalty if re- deemed in six months, seventy-five "per cent, penalty if redeemed in one year, and one hundred per cent, if redeemed 44 thoroafter within two yoars, the said property, and tor the enforcement of penalties to go to the purchaser at tax levies for such taxes; and the assess- sales, whether the purchaser be the city ment rolls shall be prima facie evidence or an individual. of the facts stated in said rolls and Sec. 22. All levies of ad valorem tlj^t all taxes assessed on such rolls taxes heretofore made by the City of have been regularly levied and assessed Collinsville, and all assessments hereto- in accordance with the provisions of fore made, and assessment rolls hereto- this charter and of the law; and no ir- tore placed in the hands of the City regularity in the manner of levying or Collector of Taxes for collection are a»5^essing taxes shall invalidate the hereby validated and the same shall be same unless it appears from affirma- legal and binding, regardltiss of any tive proof that such irregularity oper- irregularity that may exist in the man- ated injuriously to the taxpayer at- ncr of making such levies, and the mak- tempting to avoid the payment of such ing and returning of such assessment tax. Nothing in this section shall pre- rolls. This provision shall apply to all vent the Board of Commissioners from Huits and actions now pending, as well hearing all complaints as to erroneous as those hereafter prosecuted. and unjust assessments, and said Board Sec. 23. In any suit by th^ City of of Commissioners is hereby empowered Collinsville for the collection of any de- and it is hereby made their duty to linquent tax where it shall appear that hear such complaints, and said board the description of any property in the shall have power within one year after city assessment rolls shall be insuffici- this act goes into effect, and not there- out to iflentify such property the city alter to readjust, compromise and set- shall have the right to set up in its tie all disputes with reference to the pleadings a gooa description of the legality of validity of taxes claimed to property intended to be assessed and to be due by any person or persons upon prove the same, and to have its judg- , ony real estate within the city. They ment foreclosing its tax lien upon the | may reduce former assessments on sat- same and personal judgment against ■ isfa^tory proof that the same was ex- the owner for such taxes, the same aslcerisive; such settlement when certified if such property were fully described to by the Board of Commisioners to be upon the assessment rolls. , filed with the Business Manager, who Sec. 24. When the owner of the prop- 1 shall accept payment of taxes in accor- erty or his agent shall render any prop- j dance therew ith and thereafter a tax re- ( rty to the assessor for assessment j ceij^t for the amount of said taxes in and such property is assessed in ac- j full for all such years as aforesaid shall (ordance with the description furnished ; be acepted in full satisfaction for said by such OAVTier or his agent, the suffici- j taxes. ency of such description shall not he \ Article XV. disputed by such owner in any action ; Public Utilities, or suit for the collection of such taxes; ; Section 1. No .street, alley, or public but the same shall be binding upon ; highway in the City of Collinsville such owner, and shall be sufficient for i shall ever be used by any person, firm all purposes of such assessment. 1 or corporation for the construction or Sec. 25. The provisions herein for ^ operation of a street railway, telegraph the collection of taxes shall not be con- ! line, telephone system, or any other strued to prevent the city from filing i business of a public or quasi public na- suit in any court of conpctent juris- j ture, without obtaining authority there- diction for the collection of any taxes for under a franchise granted by the duo on real estate, as well as personal ! Board of Commissionors. in accordance 45 with the provisions of this charter. It : shall be the duty of the Board of Com- j missioners and the City Attorncry to bring suit to enforce this provision \ against any person, firm or corporation violating the terms thereof, for the pur- pose of ejecting the offender from the occupancy of such property, and to re- cover damages for the illegal use there- of. Sec. 2. Tlie Board of Commissioners shall have power, by ordinance, to pro- vide for and construct a genejal sewer and drainage system, to be divided into public and private sewers, and drains, and to be constructed, maintained and regulated in such manner and out 01 such material as the Board of Commis- sioners may prescribe. Sewers may be established as the Board of Commis- sioners may direct, and there may be extension of branches of sewers already constiucted or entirely new throughout as may be deemed expedient. The Board of Commissioners may, if neces- sary, levy a tax on all taxable prop- erty in the entire city, to pay for the construction and repairs of such public sewers which shall be called a "special sewer tax," and shall be used solely for such purpose. No public sewer shall be run diagonally through private property when it is practicable, without injury to said sewer to construct it parallel with one of the exterior lines of such property. No public sewer shall be constructed through private property when it is practicable to construct it along or through a street or public highway. Sec. 3. The Board of Commissioners shall have the power to appropriate pri- vate property for public purposes, Miienever the Board of Commissioners of said city shall deem it necessary to take any private property either within or without the city limits for any of the following purposes, to-wit: In order to open, extend, change or widen any public street, avenue or al- ley, or for the constrnotion of water mains or sewers, either within or with- out the city limits, or for the improve- ment and enlargement of its water works, including riparian rights, water sheds, /reservoirs, etc., parks, squares, and pleasure grounds, or for the straightening or improving of the chan- nel of any stream, branch or drain such property may be taken for such pur- poses by making just compensation to the owner thereof. If the amount of such compensation shall not be agreed upon, it shall be the duty of the Board of Commissioners to cause to be stated in writing the real estate or property sought to be taken, the name of the owners hereof, and his residence if knoAvn, and the purpose for which said property is sought to be taken, and file such statement with the judge of the district court of "Rogers County, l^pon the filing of such statement, it shall be the duty of such judge, in term time or vacation, to appoint three disinter- ested freeholders and qualified voters of the City of Collinsville as special com- missioners to assess the damages to accrue to the owners by reason of such condemnation. The special commission- ers so appointed, shall, in their pro- ceedings, be governed and controlled by the State laws in force in reference to the condemnation or right of way for railroad companies, and the assessment of damages therefor, the City of Col- linsville occupying the position of the railroad company. In estimating the damages to such property the jury shall not only estimate the value of the land so taken but shall also estimate the damage done to the remainder of any land from which it is taken by reason of such taking and use: Provided, how- ever, that in case of the condemnation of land for the opening, extending or widening of any street, or for straight- ening or improving the channel of any stream, branch or drain within the cor- porate limits of said city, the Board of Commissioners may, by ordinance, pro- vide til at the on^i of such property 46 rshull be paid by tho property owners owning property in tlie immediate vicin- ity thereof and benefited thereby. In such cases the City Engineer, or other pcison designated by the Board of Com- missioners shall, under the (iirection of llie special commissioners appointed, make a plat of the property which in ilic judgment of said special commis- sioners will be specifically benefited and enhanced in value by the making of such improvement, whereupon such special commissioners shall issue notice to the owners of such property to ap- pear before them at a time and place to be designated in such notices to siiow cause, if any they have, why - ueh property should not be assessed lo pay the cost of the property ^o condemned. Such notices may be served by any police officer in the City of CoUinsville, or any other officer of the State of Oklahoma. County of Rog- ers, authorized by the laws of said Shite to serve process of the courts of >aid State; and in all cases, where such cv, ner or owners, or any of them, are absent from said city and county, upon the agent of such absent owner, if such owner shall have an agent in said city or county, and in case such absenit own- er shall not have such agent, or in case the owner of such property is unknown, ilien sueh notice shall be published for two days consecutively in some daily newspaper or once in a weekly news- paper, published in the City of CoUins- ville; such notice shall be given five full days before the final determination by the special commissioners of the amount of assessment against the own- ers of such property for such improve- ment ; said special commissioners shall determine the value of the property deired to be taken, belonging to the different owners thereof, if there be more than one such owner, and if there be only one such owner, the va4ue of the same, and shall also find how muah of the cost thereof shall be as- sessed against the OAvner of each lot or subdivision of the land in the immedi- ate vicinity thereof specially benefited and enhanced in value by the making of such improvement, and shall report all said matters to the Board of Com- missioners of the City of Co^linsville, showing a description of the property taken and condemned and the name of the owner thereof, if known, and if the owner of any such property is unknown, shall state said fact, ot if there be more than one owner of such property, then the description of the property of each said owner, if known, and if un- known, shall state such fact and the value of the property of each such own- er so condemned, and also the descrip- tion and name of the owner of each subdivision of property if known, and. if unknown, shall so state, describing such property so as to identify it against which special assessment should in the judgment of said board, be made to pay for such property condemned, such ap- portionment shall be made according to the benefits that will, in the judgment of said special commissioners, be re- ceived by or accrue to such lot or sub- division of property by reason of the :naking of such improvements, and such report shall be filed with the Business Manager for the consideration of the Board of Commissioners. The Board of Commissioners shall, as soon as practi- cable after the filing of such report, con- sider the same, and if the same is ap- proved by a majority vote of the mem- bers present at the meeting at which it considers the same, the same shall be final and binding upon the city and all parties at interest therein. If the Board of Commissioners shall approve said re- port, it shall levy a special tax against the property shown by said report to be benefited and enhanced in value by such improvement, accordini? to the rec- ommendation made in such report; such taxes shall be a lien on the property against which the same shall be as- sessed, from the date of such levy, and shall become due^and delinquent at the 47 fiinrs providod in tho ordinance levying Uw same. If tlie same shall not bo paid as provided in such ordinance, the Board of Commissioners shall proceed to collect same, as provided in the ordi- nance, levying same by the advertise- ment and sale as provided in the city charter in cases of the sale of such property for delinquent ad valorem taxes: Provided, that it shall not be necessary to make such sales at the same time as provided for in the sale of property for delinquent ad valorem taxes. The special commissioners ap- pointed under the provisions of this section s^hall have the same power to issue writs and subpoenas and com- pel the attendance of witnesses, etc., as commissioners appointed for the con- demnation of land, etc., for the right of way of railroads under the general laws of the State of Oklahoma ; shall receive the same compensation for their ser- vices and shall be governed in all re- spects not herein otherwise provided by general laws in all matters relating to their procedure. The compensation for the land and property taken or damaged under the provisions of this section shall be paid to the owner of such prop- erty so taken or damaged, or secured by a deposit set apart in money in the hands of the City Treasurer, subject to the order of such owner, before such property is taken or damaged: Provid- ed, the city may make such payment out of the general fund, if the Board of Commissioners shall deem it advis- able, and when the amounts assessed against the property specially benefited as is herein provided are collected, may repay to the said general fund the amount so advanced, and such payment shall not be a waiver of the city's rights to make such collection. Sec. 4. The Board of Commissioners shall have power to cause telegraph, telephone and electric light companies to change the location of their poles; also to cause all erected poles not in use to be taken down and removed. If such companies shall fail to do such things after being notified the city may have the same done at the expense of such; companies. The Board of Commission- i ers shall also have the power to require j telegraph, telephone companies and elec- I trie light companies to run their wires * under the ground, if, in the wisdom of ^ the board, public interest should so de- ^ mand. Sec. 5. Any person, firm or corpora-^ tion holding any franchise heretofore or- hereafter granted by the city, author-; izing the use or occupation for any pur- • pose of any street, avenue or alley inj the city, or any portion thereof, and- requiring or binding the person, firm i or corporation holding such franchise to ' keep any portion of such street, avenuei or alley so used or occupied, or the i pavement thereof in repair, or to main-:: tain the same in condition for public • travel; or any person, firm or corpora-^ tion who, under any contract heretofore j or hereafter made with the city for the^ construction, reconstruction or repair of ; the pavement or other improvement of ^ any avenue, street, or alley, or any por- ; tion thereof, shall be or is bound tol keep the same in repair or in good con- ; dition for public travel, or to do or toj perform any duty relating to the main- • tenance or repair of such pavement ot\ other improvement, for any term of ] years mentioned in such contract, who| shall be served with a written notice! signed by any owner or owners of prop:] erty abutting such street, avenue or; alley, or such portion thereof, such no-j tice to be served by delivering in person; or by mailing same by registered maili to such person, firm or corporation, or< any officer or agent thereof, at the post- ] office address of his residence, and who| shall fail or refuse to repair or place J in condition for travel according to the, terms or requirements of such franchisei or contract, the portion of such avenue, i street or alley mentioned in such noticfti which such person, firm or corporation is* bound to repair or maintain, within i 48 1 iiiety days aftor date; of the ser- • !i;^ of auch notice, shall forfeit to the city the sum of fifty dollars for each day after the expiration of said ninety r days until said avenue, street or alley or portion thereof mentioned in said no- tice, and which such person, firm or cor- ' "'ntion is bound to repair or -maintain, repaired and put in good condition for public travel, as required by the terms of such franchise or contract, or until the requiremenfs and terms of such con- tract are complied with, such sum or sums to be recoverable at the suit of the t city or at the suit of any owner of prop- ty abutting on said avenue, street or I* y, or portion thereof, to the use of I lit- city, in any court of competent jur- isdiction. The penalty herein provided shall he in addition to and cumulative of -. any other penalty, condition or require- m, lit contained in such franchise ok con- tract. In any suit brought under this Kcction any judgment therein recovered !iiay be made a lien upon any sum held ,^ by or deposited with the city, or in ^ trust, to guarantee or secure the per- ( formance of the conditions of any such franchise or contract. Sec. 6. Whenever any franchise .to any person, firm or corporation has heretofore been made, or shall hereafter be made or granted by the Board of Commissioners for the use of any street of the city for the purpose or for the pxercise of any public privilege or ad- vantage, and the said grant has been < or shall hereafter be made upon any conditions named in said grant or things to be performed by the said grantee, and such grant shall contain no condition of forfeiture, yet the breach of any condition so named in any such grant, or anj^ failure on the part of said grantee to promptly pay any tax what- ever assessed by the city, shall be or cause a forfeiture of the said franchise or privilege so granted, as if expressly stipulated for therein, and whenever any uich grant has been or shall hereatter t)f' made in consideration of the pay- ment of any bonus, the said payment shall be secured by a prior lien on all property of said grantee, within the city, whether expressly stipulated for or not, and any failure to properly pay such bonus according to the terms of the grant, or any failure to pay any tax of any kind, shall be a cause of for- feiture of the franchise or privilege granted, whether such forfeiture bo ex- pressly provided for or not. Article XVI. Street and Sidewalk Improvements. Section 1. When the Board of Com- missioners shall deem it necessary to grade, pave, macadamize, gutter, drain or otherwise improve any street, ave- nue or alley or any part thereof, within the limits of the city for which a spe- cial tax is to be levied, as herein pro- vided, said board shall, by resolution, declare such work or improvement nec- essary to be done, which resolution shall be adopted by a majority vote of the board, and the passage of such resolu- tion shall be conclusive of the public ne- cessity therefor, and the benefit thereof, and no notice of such action by the board shall be requisite to its validity. Such resolution shall, in general terms, set forth the nature and extent of the improvement or improvements to be made, the section or sections of any pub- lic street, avenue or alley to be im- proved, the material or materials with which the improvements are to be con- structed and the method or methods un- der which the costs of such improve- ments are to be paid. Such resolution may specify that such improvements may, at the election of the board be constructed from different material and may specify different or alternative methods of making such improvements, nnd providing for the payment of the costs thereof. Upon the passage of such resolution it shall be the duty of the City Engineer or other person desig- nated by iAie Board of Commissioners to forthwith prepare specifications for such improvement, which specifications 49 shall embrace the different materials or different plans or methods, under which said improvements or part thereof are to be constructed or paid for, if such dif- ferent materials or alternative plans or methods of construction or payment are specified in such resolution; and such specifications shall also describe the character of bond or bonds required of the successful bidder for the construc- tion of such improvement and the main- tenance thereafter, as herein provided. When such specifications have been pre- j pared they shall be submitted to the i Board of Commissioners for its approval. ! The board shall have power to require j of the contractor or contractors to whom ; the work may be let, a bond for the ; faithful performance of the contract and ' the maintenance of the work in good condition at the cost of the contractor ' for a term not less than five years from the completion thereof, and for the i maintenance thereof by the contractor. The bonds required by the Board of Commissioners to be executed by the contractor shall be executed by such contractors to whom the work may be let together with one corporate surety ' acceptable to said board which shall be I a surety company authorized to do busi- 1 ness within the State of Oklahoma. I Sec. 2. The Board of Commissioners shall have power to cause sidewalks, curbs and gutters to be constructed, re- constructed or repaired under and by virtue of the terms of this article and the various subdivisions thereof, either separate or together with other im- provements: Provided, that the cost of constructing, reconstructing or repair- ing sidewalks shall be borne entirely by | the owners of property abutting upon said sidewalks ; and , provided further, I that the right of the board to order the | construction, reconstruction or repairing of such sidewalks, curbs and gutters shall be exclusive of, and in addition to the powers in this charter conferred up- on tlie Board of Commissioners to order such improvements. Sec. 3. The Board of Commissioners is hereby empowered to establish and change the grade of all streets, ave- nues, alleys, or other public places in the city, or part or section thereof, whenever in their judgment, the public convenience may require such change of grade: Provided, that no material change of the permanent established grade shall be made without making due compensation to the owners of abutting property having 'permanent im- provements erected thereon, with refer- ence to the previous legally established grade, and the Board of Commissioners shall prescribe, by ordinance, the method of ascertaining the compensation due to any such property owner whose prop- erty is affected by such material change of street grade, and the city shall pay to such owner such compensation so as- certained. Sec. 4. The costs of grading, paving, curbing and guttering any street, ave- nue or alley may be paid in part by the city or in part by the owners of property benefited by such improve- ment and abutting upon the property, street or alley or portion thereof order- ed to be improved, and any resolution or ordinance passed and adopted by the Board of Commissioners declaring the necessity for such construction shall pro- vide what proportionate part, if any, of the costs of such improvement shall be paid by the city, and the proportion of the costs that shall be borne by the own- ers of property abutting on such street, or alley or part of street or alley so ordered to be made: Provided, that when any person, firm or corporation owns any railroad or street railroad or railroad switch of any kind on such street or alley or portion thereof ordered to be improved, such person, firm or cor- poration shall pay the whole costs of such improvement between the rails and tracks, and for two feet on each side of the rails of such railroad or street railroad, and the city and abutting property owners .slinll bo reliovod of the 50 part of the costs to bo paid by such street, avenue or alley is ordered graded, road. The proratOj share of the cost ! paved, curbed or guttered as herein pro- of such improvement payable under the \ vided any person, firm or corporation terms hereof by any railroad or street | having right of way or operating a rail- railroad or the owners thereof, together i road intersecting or crossing such street, with all costs of collecting the same, avenue or alley so ordered improved, shall be a special tax against, and se- • shall bear the entire expense of grad- cured by a lien upon the roadbed, ties, | ing, paving, curbing and guttering and rails, fixtures, rights and franchises of i laying sidewalks over and across their such railroad or street railroad and the j tracks and right of way for the full owners thereof, and whenever a con- } width of such right of way. tract shall be let for any such improve- i Sec. 5, When specifications have been ment the Board of Commissioners shall adopted by the Board of Commissioners levy a special tax upon the railroad, i for contemplated improvements, provid- ties, rails, fixtures, rights and fran- 1 ed for by the city charter, it shall be chises of such railroad or street rail- the duty of the Business Manager to at road, for the pro rata share due from | once advertise for sealed bids for the such road, for improvement between ) construction of such improvements, in their tracks and rails and two feet on | accordance with the specifications adopt- each side thereof. Said tax shall be ! ed therefor. Such advertisement shall levied at or after the time such contract ] be inserted not less than two consecu- is let or executed and shall become due ; tive times in a newspaper of general cir- and delinquent as the ordinance levying culation in the City of Collinsville and the same may specify, and shall be a ' shall state the time within which bids lien from the time of levying and the '. may be received as pre&cribed by the proceeds thereof shall be used for the ; board, vi'hich shall be not less than ten payment of the costs of such improve- days nor more than thirty days from ment. If said taxes be not paid as pro- the first insertion of said advertisement, vided for by ordinance, then collection Bids shall be filed with the Business shall be enforced as the collection of Manager or such other officer as the other taxes by advertisement and sale , board shall designate and shall be open- of the property, rights and franchises ed and read in public meeting of the levied upon: Provided, it shall not be Board of Commissioners. The board necessary to sell at the same time as shall have the right to accept such bids for delinquent ad valorem taxes. At as it shall deem most advantageous to any such sale the City Tax Collector or the city and the owners of the property such other officer as shall be designated abutting on the public street or "alley by the board shall execute to the pur- named, to be improved, or may reject chaser a deed similar to the one exe- any and all bids; and where any im^ cuted when the property is sold for ad pjovt ment is ordered on different speci- valorem taxes. Such assessment and fications, and for the construction of lien may also be enforced by suit worK or part thereof, with different ma- brought in any court having jurisdiction terial, and under different plans or thereof. The lien provided for shall be a methods of construction, or payment for first and prior lien paramount to all en- such improvements, the board shall have cumbrances except taxes, upon the full power after openin]g bids, to select roadbed, ties, rails, fixtures, rights and such methods, plans or materials for franchises of the person, firm or corpo- making such improvements or any part ration or company owning the railroad thereof, as it may deem best and to let or street railroad aforesaid. the work to such bidder and upon such Povid<>d, further, that when any hid as it may select, subject to the 51 terms thereof. No bid shall bo amended, such ccJsts assessed against the owners ■ rt!vised or changed after being filed. All of such property and in apportioning the ^ bids shall be accompanied by a certified costs of such improvement against abut- check fo five per cent, of the amount ting property owner, each quarter block \ of such bid as a forfeit, in case of fail- shall be charged with its due proportion ^ ure of the bidder or bidders, if success- of paving, both the front and side streets \ ful in securing the work did for, to enter on such block, and the alley or alleys "^ into a contract and bond as required by therein, together w.th the area formed " this charter, for the performance of such by street intersection and alley cross- i work. When bids for such improve- ijig, which cost shall be apportioned I ments have been accepted by the board among the lots or 'subdivisions of such j the city shall enter into contract with quarter blocks, according to the benefit ^ the contractor or contractors, to whom to each lot or parcel. If any portion of ■ the work has been let, for the perform- the abutting property shall not be plat- ^, ance thereof, which contract shall be ted into lots or blocks the Board of ;• executed in the name of the chairman of Commissioners shall include such ground '; the Board of Commissioners of the city^ in' proper quarter block districts, for the ■\ and attested by one member of the purpose of appraisement and assessment !! Board of Commissioners, with the corpo- as heroin provided. Provided that in no ^ rate seal. The contractor or contractors event shall such costs be assessed \ to whom such work has been let, shall against such owners or their property, J execute bond or bonds as may be re- or liability therefor, finally determined, >i quired by the Board of Commissioners until after the hearing herein provided '[ and as herein provided. Said bonds or for and after the adjustment of equities \ bonds to be approved by the board is between such owners; and provided, fur- .. satisfactory, ther, that the costs assessed against any .; Sec. 6. After excluding the costs of property shall be in proportion to the } making any improvements between and , frontage of the property of each owner \ two feet on each side of the track and to the whole frontage of property in •; rails of railroad or street railroads, and such quarter block so ordered to be im- \ the entire cost of any improvements proved. Provided, that if the application ;' crossing the right of way of any rail- of this rule would, in the opinion of j road, which costs are to be assessed the board, in particular cases, be un- ' against, and wholly paid by the owners just or unequal it shall be the duty of ' of such railroads, as herein provided, the board to assess and apportion said '■ and subject to the terms hereof, the costs in such proportion as it may deem ; City of Collinsville acting by its Board : just and equitable, having in view the i of Commissioners, shall have power to special benefits in enhanced value to be • assess the whole costs of construction, , received by each owner of such property, '] reconstruction and repairing any side- i and the equities of such owners and the J walks, curbing, guttering and paving' adjustment of such apportionment, so * any street, avenue or alley, or making as to produce a substantial equality of ■ any other improvements ordered under ; benefits received by, and burdens im- i the terms hereof, against the owners of , postnl upon each owner. The board shall ; property abutting upon the street, ave- [ also have power to provide that the pro- : nue or alley or part or section thereof j portion of the said costs which may be ■i upon which such improvements are to be assessed against the said owners and J constructed, and who are specially bene- \ their property shall bear interest at a ; fited thereby, and shall have the power . definite rate, not to exceed - seven per \ to fix a lien against such property to cent, per annum, when the payment j secure the payment of the portion of thereof is deferred, and shall have the -; 52 \ power to ineliido in any assessment which may be made against sueli owners and their property, reasonable costs of collection, where such costs are incurred, and reasonable attoiney's fees, where attorney's fees are incurred. Sec. 7. The contract or contracts for such improvements and the bond or bonds having been executed and ap- proved by the board it shall be the duty of the City Engineer, or other person desigjiated by the Board of Commis- sioners to at once prepare a written lement which shall contain the ■IKS of such persons, firms or corpo- :;ons or estates that may own prop- cMv abutting upon the section or sec- tions of the street, avenue or alleys named, to be improved, the number of front feet owned by each, and describ- ing the property owned by each by block or lot, number or otherwise, so describing such property as to identify lii' same; and, such statement shall also contain as estimate of the total costs of such improvement, the propor- tion and amount of such costs to ^e :- 'ssed against abutting property the :i!!!ount per front foot to l)e assessed . •;iinst abutting property, and the total estimated amount of be assessed against each owner. Such statement shall be submitted to the board which shall ex- amine the same and correct any errors which may appear therein; but no error, omission or mistake in such statement shall in any manner invalidate any as- sessment njade, or lien or claim fixed Wiereunder. When such statement has been examined and approved by the board and it shall have determined to assess the costs of such improvements against such property, it shall so declare by resolution, directing notices thereof to be given to the owners aforesaid by publication for five consecutive days in a daily newspaper or twice in any other paper of general circulation in the City of Collinsville, and also to mail to sucli owners a copy of such notice by regis- tered letter deposited in the postoffice in the City of Collinsville, directed to the address of such owner, if known, or if such address be not known then to the agent or attorney of such person, if known, provided that the registered letter aforesaid shall be deposited in such postoffice in the City of Collins- ville within ten days prior to the date set for the hearing hereinafter provided for; and provided further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of the service of no- tice by publication above mentioned; and provided, that in all cases where" personal service by registered letter shall not be obtained, said service by publication shall, nevertheless be deem- ed valid and binding. The certificate of the Business Manager or such other officer as shall be designated by the board to the effect that the address of such owner or owners or their agent or attwmey is unknown* to him,- and per- sonal service cannot be had upon Jtliem, shall be deemed conclusive of such fact. The notice aforesaid shall state the time of the hearing hereinafter provided for, the general character of the im- provements determined upon by the board, the street or part thereof to be improved and the proportionate part and amount per front foot of the total cost of the proposed imprevement. which it is contemplated shall be assessed against the. property and the owners thereof abutting upon such street or alley to be improved. On the date, stated in the notice aforesaid or any time thereafter, before any special as- sessment is actually levied, any person, firm or corporation, interested in any property which is claimed to be subject to assessment for the purpose of paying the cost of any improvement, in whole or in part, shall be entitled to a full and fair hearing before said board as to all matters affecting such property, or the benefit thereto, of such improve- ments or any claim of liability or objec- tion to the making of such improve- 53 mtiit> «>t iiiiy invalidity or irregularity in any of the proceedings in reference to making such iuiprovements or any other objection thereto. Such person, liiin or corporation shall file their ob- jections in writing and thereafter the Board of Commissioners shall hear and determine the same, and full opportu- nity shall be given to the persons, firms or corporations filing such objections to produce evidence, subpoena witnesses and to appear in person or by attorney and a full and fair hearing thereof shall be given by the said board, which hear- ing may be adjourned from time to time, without further notice and the Board of Commissioners shall have full power to inquire into and determine the facts necessary to the adjudication of such objects and the ascertainment of special benefits to which such owners by means of such improvements and shall make such order in each case as may be just and proper. Any objec- tions to the regularity of proceedings with reference to the making of such improvements as herein provided or to the validity of any assessment against said property or the owners thereof, shall be deemed waived, unless presented at the time and in the manner herein specified. The time as s^t for such hear- ing shall be not less than ten days from the time of the first publication of such notice. When the hea'ring above men- tioned has been concluded the board shall, by ordinance, assess against the Several owners of property, and against their property abutting upon the public street or alley or part thereof ordered to be impoved, such proportionate part of the costs of said improvement as by such board may have been adjudged again.st -^such respective owners and their property. Said ordinance shall fix a lien upon such property for the respective amount to be assessed, and shall state the time and manner of payment of such assessment, and said board may order that the said assessnu'nt shall b(> j)nyal)U- in inMtallments. and pro- > . >.i aiiioiim . t iiii. :■< ..:,, ...n , ,^ ■ payment of such installment, wiiich i however, except as hereinafter provided, ! shall not exceed ten years, and the pay- ments shall not be deferred beyond ten years from the completion of said im- j provement, and its acceptance by the j city. The said ordinance shall also pre- I scrilje the rate of interest to be charged i upon deferred payments, not exceeding seven per cent, per annum and may pro- vide for the maturity of all deferred payments, and their collection, upon de- fault in the payment of any install- ment of principal or interest. Each property owner, his heirs, assigns or successors, however, shall have the priv- I ilcge of discharging the whole amount j assessed against him or any installment j thereof, at any time before maturity, I upon payment thereof with accrued in- ; terest. Upon the payment by any prop- erty owner of his assessment in full, the city shall cause to be executed by its Business Manager and duly acknowl- edged for record a release of the lion of such assessment. Sec. 8. When the board shall .have reason to believe that the owner or owners of any property may successful- ly claim the same as exempt from spe- cial assessment, it may order that the improvement shall not be made in front of, or abutting on such property, unles."? the owner or owners shall first make a satisfactory provision for the pay-, ment of the amount of the cost which would be assessed against such prop- erty, except for such exemption, and such contractor shall not be obliged to make such improvement in front of any property which is exempt from the en- forcement of a lien for such improve- ment, but may omit the construction thereof in front of such property. Sub- ject to the provisions hereof the board may, when deemed just and proper, or- der improvement to be made on only one side of the public street or alley or section or portion thereof, and may as- sess the cost of. or a jjortion IJicrcof. 54 .;,iiiist tilt' property and tlu' owner of sucli property, shall be borne and paid property abutting on such side of sncli by the city. street or alley or section or portion Sec, 10. In additon to the power thereof. hereby conferred upon the board, by Sec. 9. Whenever any error or mis- majority vote, to order the construction , ,, . 3. of any street improvement or improve- lake shall occur m anv proceedings, ^ "^ , ■ ■, r- , j ^ ^ ^ ments as herem defined, and to assess provided for in this charter, it shall be ^j^^, ^^^^^ thereof in whole or in part the duty of the board to correct the agf^inst the abutting property; when- ue, and whenever it shall have been fner the OAvners of two-thirds of the liiially determined in any suit that any f'^"* ^^^t «^ property abutting upon . , , ./ any street, avenue or alley, or section assessment against any property or its * , ,, ;? i n • •^.^ i.- * J 1 1 J or part thereof, shall in writing peti- OA\ner or lien against such property fixed ^j^^ f^j. ^^e improvement thereof, and or attempted to be fixed under the terms shall in such petition agi*oard of Commissioners shall provide in any resolution or ordinance author- ing such bond issue, for the levying "! an annual tax sufficient to meet the accrued interest, and provide a sinking fund for the payment and re- tirement of such bonds, and the bonds jn'ovided for in this article shall be sold by the city for not less than par. Such bonds shall not be sold by the city until registered and approved in ;i.cordance with the requirements for ofher bond issues by the city. Sec. 13. . All contracts heretofore en- lered into by the City of Collinsville. or which may hereafter be entered in- to by tbe city, and before the provis- ions of this charter become effective, and all ordinances made in relation to such contracts shall be given full force and effect under the laws and ordi- nances in force. at the date of the mak- ing of such contracts, and such improve- ments shall be carried forward and completed in accordance with such laws and ordinances, and that all costs of such improvements shall be assessed by the Board of Commissioners against the abutting property owners and other persons, firms, or corporations made liable for the payment of such costs under and in accordance with the pro- visions of the laws and ordinances then in force. The Board of Commissioners created and authorized by this charter are hereby authorized and directed, and it is hereby made their duty to do and perform or cause to be done or perform- ed, all things which, by such existing laws and ordinances of such city, the city council of such city and the offi- cers? thereof acting thereunder are now authorized or permitted to do, in order to carry into effect the terms of such contract, and to assess the costs of im- provements against such property, and to provide for the collection of such as- sessment, and to provide for the issu- ance of assignable certificates therefor and to do and perform any other act ! or thing which may be necessary under ! the said existing laws and ordinances of said city, to give effect to said con- j tracts and to provide for the enforce- ment thereof. The fact that more than one parcel or lot of land, the property of the owner or jointly owned by two I or more persons, firms or corporations ! having been assessed together in one I assessment shall not invalidate the j sa'me, or the lien thereof. The costs of any such improvements assessed I againt any property, together with all j costs and reasonable expenses in col- I leCting the same, including reasonable I attorney's tees when incurred, shall be I secured hy a lien upon such property I superior to all other liens, claims or i title, except city, county and state 1 taxes, and such lien may be enforced either by suit in any court of compe- tent Jurisdiction or by sale in the same manner as far as applicable, as sales 57 iwv autliorizod to hv made by tho City of Collinsvillo for tho non-payraont of tnxos; provided, that it shall not be necessary to sell at the same time as for delinquent ad valorem taxes, and the board may, by resolution, or ordi- nance, make such rules and regulations, not inconsistent with the charter, as it may deem necessary to provide for the speedy collection of such assessment for improvements. Any error or omission in stdling property or designating the names of owners or any other error or omission may be corrected at any time by the board or at the suit of any in- terested party. In any suit brought under the provisions of this section it shall be proper to join as defendants two or more property owners who are interested in any single improvement or any single contract for such improve- ment. Sec. 14. At any time within ten days after hearing, as provided herein, any person or persons, corporation or cor- porations, having an interest in any real estate which may be subject to assessment under this charter, or other- wise, having any financial interest in such improvement or improvements, or in the manner in which the cost there- of is to be paid, who may desire to contest on any ground the validity of any proceeding that may have been had with reference to the making of such improvements, or the validity in whole or in part, of any assessment lien fixed by said proceedings, may institute suit for that purpose in any court of com- petent jurisdiction. Any person or persons, corporation ^or corporations, who shall fail to institute such suit within a period of ten days, or who shall fail to diligently prosecute such suit in good faith to final judgment, shall be forever barred from making any such contest or contests, and this estoppel shall bind their heirs, succes- sors, administrators and assigns. The City of Collinsville, or the person or persons to whom the contract has been aw,arded shall be made defendants in such suit, and any other proper partie.-; may be joined therein. There shall be attached to plaintiff's petition an affi- davit of the truth of the matter there- in alleged, except such matters as are alleged on information and belief, and that such suit is brought in good faith, and not to injure or delay the city or contractor, or any owner of real estate abutting on the improvement. Unless the provisions of this section are com- plied with by plaintiff or plaintiffs, such suit shall be dismissed on motion of any defendant, and in that event plaintiff or plaintiffs shall be barred and estopped to the same extent as if suit had not been brought. In any case where a suit is brought as provided for in this section then the performance of the work may be suspended at the elec- tion of either the city or the contrac- tors until such suit shall be finally de- termined in the court of original juris- diction or any appellate court to which the same may be taken by appeal or writ of error; provided, that any ap- peal or writ or error shall be perfected within thirty days from the adjourn- ment of the terms of court or original jurisdiction at which final judgment was rendered in such suit, and provid- ed, that no appeal or writ of error to review the judgment of such court, may thereafter be taken or sued out by either party. Sec. 15. The Board of Commissioners shall have power in their discretion by resolution passed by majority vote to order the construction, reconstruction or repairing of sidewalks as herein pro- vided along pr upon an street, ave- nue, public place, alley, or square, or part or section thereof, within the city or in front of any property abutting ujion the same. No notice of the pas- sage of such resolution shall be neces- sary. Such resolution shall in general terms describe the sidewalks to be con- structed, reconstructed or repaired, ma- terial of which it i^^ to be constructed, 58 < eojistiiieted or icpaii'od, the street, avenue, alley, square or place or part of section thereof along Avhich said sidewalk is to be constructed, recon- structed or repaired. Upon the passage of such resolution it shall be the duty of the City Engineer or other person designated by the Board of Commis- sioners, to forthwith prepare and pre- sent to the said board plans for the said sidewalks, or repairs for same, detail- ing the nature of construction, recon- struction or repair thereof, and -^ the ma- terial or mateiials of wdiich the same are to be constructed, reconstructed or repaired. If satisfactory the board shall approve the said plans and the same shall remain on file in the office of the City Engineer, or other officer desig- nated by the board. Upon the appro- val of the said plans of the City Engi- neer, or other person designated, shall al once prepare and file with the board a statement containing the name or iianiis of the owner or owners of prop- erty abutting upon the street, avenue, alley, public place or square, or part of ^'ection thereof, where sidewalks are or- dered to be constructed, reconstructed, or repaired, and a brief description of tlie property of each owner, which may be by lot or block number or any other description which shall be sufficient fo identify the same, together with an estimate of the cost of such sidewalks or the repair of same in front of the property of each owner, exclusive of the cost of grading and excavating, l^pon the filing of such statement it shall be the C ity of the Business Manager or ' ■ h other officer as shall be designated ' . the board, to publish in a daily or M kly newspaper of general circula- on "vvithin the City of CollinsA'ille, a notice to the owner or owners of the property in front of which the side- -\nlk or sidew^alks are to be construct- f'd. reconstructed, or repaired, which no- • ice shall briefly recite the fact that 'lev-nlks have been ordered construct- .(1. •■< fonstructed. )r r<^paired by the Doard, and statinj; the street, avenue, alley, public place or square, or section, or part thereof, along which the same are ordered to be constructed, recon- structed or repaired, and that plans and specifications for such work have been adopted by the board and are on file in the office of the City Engineer or other officer designated and notify- ing the owners of property abutting upon such proposed sidewalk or side- walks -to construct, reconstiTict or re- pair some, in accordance with such res- olution and specification, within thirty days of the publication of such notice. The board shall have power to adopt rules and regulations for giving addi- tional notice to the ovi^ner or owners of such property in such manner as may by such board be prescribed, or for personal notice upon property own- ei". but any such notice shall be in ad- dition to and cumulative to the ad- vertisement provided for, and service of notice by such advertisement shall be deemed sufficient without further or additional notice. The owner or own- ers of property, abutting upon the street, avenue, alley, public place or square, or part or section thereof, along which sidewalks are ordered to be con- structed, reconstructed, or repaired shall, within thity days from the publi- cation of such notice, construct, recon- struct or repair the said sidewalk or sidewalks in accordance with the speci- fications at his or their o\Vn cost and expense, except the cost of excavating or grading, which shall be borne by the city. If the owner or owners of any property in front of wbich sidewalks are ordered to be constructed, recon- structed or repaired under the terms hereof shall not Avithin thirty daj's of the publication of such notice so con- struct, reconstruct or repair such side- walk or sidewalks the board shall have power, by resolution, and it shall be their duty to order the construction, re- construction or repairing by the city Ml] cause tlie same to be constructed. 59 ifcon.'^tnictod or repaired. (Mther by the c'ltj. or to let the work by contract under such rules and regulations as may be adopted by the board and with or without competitive bidding at the dis- cretion of the board. Whenever the city sliall have constructed, reconstructed or repaired or coused to be constructed, re- constructed or repaired, any sidewalk as herein provided, the board shall have power to assess the whole costs there- of, except the cost of excavating and grading, which shall be borne by the city, against the property abutting up- on the street, avenue, alley, public place or square upon Avhich such sidewalks shall have been constructed, recon- structed or repaired, and the owner or ownei*s thereof, provided that no as- sessment shall be made against any pioperty or its owner or owners tfnless the said property shall be specially ben- efited by the construction, reconstruc- tion or repair of such sidewalk, nor for any sum in excess of the special bene- fit which shall accrue to said property and its owner or owners from the con- struction, reconstruction or repair to the said sidewalk. When such sidewalk is ordered to be "consti*ueted, recon- structed or repaired in front of the property of one owner subject to the terms hereof the cost of such sidewalk shall be assessed against the property and the owner thereof. Where side- walks are ordered to be constructed, re- constructed or repaired in front of the property of more than one owner or in front of more than one lot along any street, avenue, public place, alley or square, or part or portion thereof, the costs of construction, reconstruction or repair of the said sidewalk in front of the property of each owner shall be as- sessed against such owner and his prop- erty separate and a separate liability against such owner declared. No as- sessment for the costs of such side- walks shall be made against any prop- erty or its owner until the board shall have first declared, by resolution, di- locting notice thereof to be given to . Ihe owner or owners of such propcrt3\,j Such notice shall be given by advertis-j ing the same in a newspaper of general^ circulation in the City of Collinsville, * three consecutive days, or once in a^ weekly ncAvspaper, and also by mailing^ to said owner or owners a copy of such i notice by registered letter deposited in '• the postoffice in the City of Collins- " ville directed to the address of such \ owner, if known, or if the address be not known, then to the agent or at- ] torney of such owner or owners, if q known; provided, that the letters afore- : said shall be deposited in the postoffice ^ not less than five days prior to the date 't stated for the hearing Jiereinafter men- ; tioned, and, provided, further, that the ^ method herein prescribed for service of « j notice .by registered letter shall be ^ i merely cumulative of notice of publica--' tion above mentioned; provided, that iu;- ' all cases where personal service of no- ■; tice shall not be obtained the notice by i publication shall be valid and binding. * The notice aforesaid shall state the -j time of the hearing hereinafter men- ' tioned, and the general character of the ^ sidewalk ordered to be constructed or - repaired, the street, avenue, public place, j alley or square, or part or section there- i of along which the same has been con- J strueted, reconstructed, or repaired, and ^ that the costs of the said work is pro- •'* ■posed to be assessed against the owner- or owners of property abutting thereon, -^ and the date for the hearing. Said i hearing shall not be less than one week '; from the time of the first publication ^ of such notice. On the date set in the i notice afresaid and at any time there- | after before an assessment is actually j levied, any person or corporation in- j terested in any property which may be ; claimed to be subject to assessment for"| the purpose of paying the costs of such ] sidewalk shall be entitled to a full and j fair hearing before such board as to all > improvements affecting such property, ', or the benefit thereof of such construe- " 60 tioii. roconstnictiou. or repairing of sueh sidewalk, or as to any liability therefor, or as to any irregularity or in- validity of the proceedings in regard to the construction, reconstruction, or re- pair of such sidewalks, or any other objection thereto. Such objection shall be filed in writing, stating the nature thereof, and full opportunity shall be given to the person or "corporation filing the same to produce evidence, subpoena witnesses and to appear in person or by attorney, and a full and fair hearing tliereof shall be given by the board, which hearing may be adjourned from time to time without further notice. The board shall have power to inquire into and determine all facts necessary to the adjudication of the said objec- tion and the ascertainment of such spe- cial benefits to the owners by reason of the construction, reconstruction, or repairing of such sidewalks, and shall make such order in each case as may be just and proper. Any objection to the regularity of the proceedings with reference to the construction, recon- struction, or repairing of such sidewalks or to the validity of any assessment or the determining of liability against such property or its owner shall be deemed waived, unless presented at the time and in the manner herein specified. When the hearing above mention- ed has been concluded the board shall, by ordinance, assess against the owner or owners of the property and against their property abutting upon the side- Avalk so constructed, reconstructed, or repaired the cost of constructing, re- constructing, or repairing such side- walks in front of or along the property of each owner, and declare"~a personal liability against such owner or owners thereof. If it shall have been deter- mined by the board upon such hearing that such owner or owners and their property have been benefited in en- hanced value of such property in any amount at least equal to such cost; but, if in anv case it shall have been de- termined upon such hearing that the property of any owner is not benefited in enhanced value by such construction, reconstruction, or repair of such side- walk, then no assessment shall be made against the property of such owner; but if after such hearing it shall be de- termined by such board that sueh prop- erty has been benefited in enhanced value in any amount less than the cost of the construction, reconstruction, or repairing thereof, then the board shall assess against the said owner and his property only such amount as shall equal the benefit received by such own- er and his property. The ordinance making the said assessment shall fix a lien upon the property of each owner or owners and declare the owner or owners thereof to be personally liable for the respective amounts which may be against them assessed, and shall state the time at which the said assess- ment shall be paid, which shall not be longer than sixty days from the date of making the same. Such assessment shall bear interest from the date of making the same until paid at a rate not to exceed eight per cent per an- num. The amount assessed under the terms hereof against any property or the property owner thereof shall be se- cured by a lien upon such property and shall constitute a personal liability against the owner or owners thereof in favor of the City of Collinsville and the said liability and lien may be en- forced either by suit in any court of competent jurisdiction or by sale of such property of such owner or owners in the manner provided in this charter for the sale of property for other taxes. Such assessment shall include all costs and expenses, of collection of same where such costs are incurred, includ- ing reasonable attorney's fees, where such attorney's fees are incurred. In all cases where sale of any property shall be made for any payment of any assessment, in the manner provided for tlie sale of property for payment of 61 other taxes, siieh sale shall be made by the Business Manager, or sueh other of- ficer as may be designated by the Board of Commissioners, a deed executed by : the said Business Manager, or other; officer as shall be designated by the ' Board of Commissioners, and to recite ^ in the deed of such Business Manager,' or other officer as shall be designated by the board all legal prerequisites to such sale have been complied with, shall be prima facie evidence of the truth of the facts so recited, which facts shall ' in all courts of law and equity be pre- sumed to be true without further evi- dence thereof. Article XVII. Schools. Section 1. The City of C^bllinsville, with the territory thereto attached or which may hereafter •be attached for school purposes, shall constitute a sep arate school district. } Sec. 2. The Board of Education of; the City of Collinsville, shall consist of three (3) members, who shall be nomi- nated and elected at large by the quali- fied electors of said school district. The nomination and election of members of said school board shall be in the san^e manner as provided in this charter for the nomination alid election of the Board of Commissioners. The term of office of each of said members shall be three (3) years, excepting those elected at the first election held under this charter, who shall hold their office as hereinafter provided. Any member of the said board of education elected under the provisions of this charter shall take his office on the first Mon- day in May Tollowing his election, ex- cept as hereinafter provided. All mem- bers of said board elected at the first election held under the provisions of this charter shall take their office at the same time that the members of the Board of Commissioners elected at the same election shall take their oflFice. At the first election held under this charter there shall be elected for said Board of Education one member who shall hold his office until the First Mon- day in May, 1915; one member who shall hold his office until the first Mon- day in May, 1916; one member who shall hold his office vmtil the first Mon- day in May, 1917, or until their succes- sors are elected and qualified. Sec. 3. The Board of Education at its first meeting after the first election held under the provisions of this char- ter, and at their first meeting after each election held thereafter, whether the election be an annual election or for the purpose of filling a vacancy, shall organize by the election of a Presi- dent and a Vice-President and a Clerk from vamong its own members. Sec. 4. For the school district of the City of Collinsville there shall be elect- ed a Treasurer, wiiose term shall be three (3) years, except as hereinafter provided. The first Treasurer elected under this charter shall take his office at the same time as the members of the Board of Commissioners of the City of Collinsville, and shall hold his office until the first Monday in May, 1917, or until his successor is elected and quali- fied. Each Treasurer, exce])ting the first and those elected to fill unex- pired terms, shall take their office oh the first Monday in May after their election, and shall hold their office for three (3) years therefrom, and until their^successors is elected and qualified, unless sooner removed as hereinafter provided. vSec. 5. Each member of the Board of Education and the Treasurer shall qual- ify before entering upon the discharge of the duties of his office by taking the oath of office as required by law. Each member of the Board of Educa- tion and the Trea-surer may l)o recalled in the same manner as provided in this charter for the recall of the commis- sioners. Sec. 0. The electors residing in the territory attached to the city for school purposes lying north of Broadway 62 -tuct, exiendod east and west, shall vote at the polls most convenient to them in any precinct lying wholly or in part north of Broadway street. The I'lectors residing in the territory attach- ed to the city for school purposes, lying south of Broadway street, extended east and west shall vote at the polls most convenient to them in any precinct lying wholly or in part south of Broadway street. Article XVIII. ]\riscellaneous Provisions. Sectibn 1. The City of Collinsville, acting throught the Board of Commis- sioners, shall have power to do by a day labor, under municipal direction, any world which may become advisable or necessary to be done. Sec. 2. In all work done by or for the city, cither by day work or by contract, eight hours shall constitute a day's work and no employe of the city on work for the city, oi- employe of any contractor or subcontractr of such wrk, shall be required to work longer than eight hours in any one calendar day; provided, that this section shall not apply to the fire or police depart- ment or to employes engaged in clerical work for the city; and, provided fur- Ihor, that this section shall not be con- strued to apply to any contract entered into by the city prior to the passage of this act; provided, that in case of em- ergency, an employe of city or contrac- tor, may be requirea to work longer than eight hours, but when required so to work longer than eight hours such employe shall be paid for such overtime at the rate of one and one-half times the rate such employe is paid for his labor during the eight hours. Sec. .S. The personal and real proper- ty of all persons owing any taxes to the City of Collinsville is hereby made liable for all tax owing by such person, whether the same be due upon personal or real property, or upon both. Sec. 4. The Board of Commissioners shall have power to provide for taking an enumeration of the inhabitants of the city. And it shall be the du|;y of the Board of Commissioners, by resolu- tion to appoint a commissioner, who shall supervise such enumeration, whose compensation, together with all the ex- penses of such enumeration, shall be paid in such manner as the Board of Commissioners may provide. Sec. 5. No property of any kind, church, school or otherwise in the City of Collinsville shall be exempt from any of the special taxes and assessments authorized by this charter for locaj im- provements. Sec. 0. The fiscal year of the City of Collinsville shall begin and end at 12:00 o'clock, midnight, on the last day of June in each year. Sec. 7. All bonds, contracts or other instruments requiring the assent of the city shall be signed by the chairman of the Board of Commissioners, or the. acting chairman, and attested by one other member of said board, and all legal processes against the city shall be served upon the chairman of the Board of Commissioners or acting chairman. Sec. 8. In addition to the other modes of collection anywhere in this act provided, all taxes due the city may be collected by an action of debt, and liens on real estate may be foreclosed in any court having jurisdiction. The assessment rolls relating to such taxes shall, be taken as prima facie evidence of the statements made therein, and the city shall have authority to become the purchaser at all sales of property for taxes due it, under judgment or other- wise. It shall be the duty of the Bus- iness Manager to attend such sales, to make such purchases if they be neces- sary, or to empower some other person to do so on behalf of the city. Sec. 9. Before the City of Collinsville shall be liable for damages of any kind the person injured or some one in his behalf, shall give the Business Manager notice in writing of such injury within I thirtv days after the same has been re- 63 eeived. stating specifically in such no- tice when, where and how the injury occurr6d and the extent thereof. The City of Collinsville shall never be liable on account of any damage or injury to person or property arising from or oc- casioned by any defect in any public street, highway or grounds, or any pub- lic work of the city, unless the specific defect causing the damage or injury shall have been actually known to the Business Manager or City Engineer by personal inspection for a period of at least twenty -four hours prior to the oc- currence of the injury or damage, un- less the attention of the Business Man- ager or City Engineer shall have been called thereto by notice thereof in writ- ing at least twenty-four hours prior to the occurrence of the injury or damage and proper diligence has not been used to rectify the defect after actually known or called to the attention of the Business Manager or City Engineer as aforesaid. Sec. 10. It shall not be necessary in any action, suit or proceeding in which the City of Collinsville is a party, for any bond, undertaking or security to be executed in behalf of said city, but all such action, suits, appeals, or pro- ceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable as if such obligation had been duly given and executed. Sec. 11. The property, real and per- sonal, belonging to said city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said city, in the hands of any person, be lia- ble to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer to any writ of gar- nishment on any account whatsoever, nor shall said city be liable to the as- signee of any wages of any officer, agent or employe of said city, whether earned or unearned, upon any claim or account whatsoever, and as to the city any such assignment shall be absolutely void, Sec. 12. Whenever, in the opinion of the Business Manager, any building, fence, shed, awning or structure of any kind, or part thereof, is liable to fall down and injure persons or property, or whenever any barbed wire fence is now or shall be stretched along the street lincj the Business Manager may order the owner or agent of same, or occupants of the premises, to take-down and remove the same within such time as he may direct; and may punish by fine and imprisonment, or either, all persons failing so to do. The Business Manager shall have the additional power to remove the same at the expense of the city on account of the owner of the property and assess the expenses there- of, including condemnation proceedings, as a special tax against the land, and the same may be ejected as other spe- cial taxes provided for in this charter, or by suit in any court of competent jurisdiction. Sec. 13, The Board of Commissioners shall have full power to condemn all dangerous buildings, or obstructions of any kind, and may provide regulations therefor by ordinance. Sec. 14. All writs, subpoenas, or other process issuing out of the city court, shall nm in the name of the City of Collinsville, and may be executed and served by the Chief of Police or his deputies, or policemen of said city any- where in Rogers or Tulsa County, Ok- lahoma. Sec. 15. In all cases where, by any of the provisions of this act, or by ordi- nances in pursuance thereof, a person is required to obtain a license for any call- ing, occupation, business or vocation, and has, on complaint before the Police Court, been adjudged guilty of violat- ing any rule, regulation or ordinance of the city in relation thereto, said court, in addition to the punishment to be im- 64 posed therefor, may suspend or revoke the license so granted. Sec. 16. The term "officer" as used in this charter, shall apply only to those officers who are elected by the people, or are appointed or confirmed by the Board of Commissioners, and the same does not include policemen, except the Chief of Police and Business Manager, and does not include other agents or employes of said city. All city officers and employes shall enter into sudi bond for the faithful performance of their duties as the Board of Commissioners may require, by ordinance or resolution, and shall perform such other and fur- ther duties as the Board of Commis- sioners may from time to time pre- scribe.. Sec. 17. All qualified electors of tlie State who shall have resided for six i months immediately preceding the elec- 1 tion within the limits of the city shall I have the right to vote for commission- 1 ers and all other elective officers of said city, but in all elections to determine the expenditure of money, or assump- tion of debt or levy special taxes, only those shall be qualified to vote who pay - taxes as defined in (c) Sec. 10, Art. I of this charter. \ Sec. 18. The Board of Commissioners shall have the right to remit in whole or in part, any fine or penalty belong- ing to the city, which may be imposed under any ordinance or resolution pass- ed in pursuance of this act. j Sec. 19. No lien of any kind can ever exist against the public halls, parks or! public works of the City of Collinsville. ! All subsontractors, material men, me- ' chanics and laborers upon any public works of the City of Collinsville are hereby required to notify the city of all ' claims they may have on account of such work against the city, and when such notice has been given the city shall retain an amount from any funds due the contractors sufficient to satisfy all claims; provided, that such notice may be given at any time after such indebtedness becomes due and before final settlement; and, provided further, that no contractor or subcontractor shall issue any time checks on or on account of any public works of said city. Sec. 20. The Board of Commissioners shall require good and sufficient bonds of all contractors with at least two good and sufficient sureties, who shall be residents of the State of Oklahoma. No non-resident of the State shall ever be received as surety on any bond pay- able to the City of Collinsville, except such guarantee companies as may be satisfactory to the Board of Commis- sioners and in all cases at least one of the sureties must be a resident of Rogers County, Oklahoma. Bondmen shall give such proof of their solvency as may be required by the Board of Commissioners. Sec. 21. All appropriations made or set apart for the payment of any in- terest or sinking fund, or both, shall under no circumstances ever be diverted to any other purpose, except it may be invested as provided by the laws of the State of Oklahoma. Sec. 22. All questions arising in ad- ministering said city government, and not provided for in this act, shall be governed by the State law in such cases made and provided. Sec. 23. This act shall be deemed a public act, and judicial notice shall be taken thereof in all courts and places, without the same having been pleaded or read in evidence. Sec. 24. The Board of Commissioners shall have the power to prohibit the working of State convicts within corpo- rate limits of the city. Sec. 25. The Board of Commissioners shall have power to prohibit minors from going and being on the public streets and in public places in the City of Collinsville between the hours of 9 o'clock p. m. and 4 o'clock a. m. at night, without the consent of their par- ents or guardians. ^ 65 Sec. 26. The Board of Commissioners are hereby empowered and authorized to exempt from municipal taxation for a period of not exceeding five years, manufacturing establishments and pub- lic utilities, as an inducement to their location in the city, when ratified by a majority vote of the tax-paying voters voting then on at a special or general election. Sec. 27. All elections shall be held in the manner provided by the general election laws of the State of Oklahoma, as far as the same may be applicable and in other respects in accordance with the provisions of this charter and the ordinances of the city made by author- ity hereof. It shall be the duty of the Board of Commissioners to divide the city into a convenient number of elec- tion districts or precincts, and at least ten days before any election shall be held in the city, the Board of Commis- sioners shall provide for a polling place in each of such election districts or pre- cincts, and shall give notice for not less than three days in a daily newspaper or one time in a weekly newspaper in the City of Collinsville of the selection of sucTi polling places. Sec. 28. The judges of election shall be qualified voters in the city and the election district or precinct where they are to act, and all election boards, clerks, judges and other officers of elec- tion shall, as provided for in the general election laws of the State of Oklahoma, and by the provisions of this charter, and shall perform the duties imposed by such election law, and this charter; provided, that the election returns shall bo made to the Board of Commissioners, and the duties required to be performed by the County Election Board shall be performed by the Board of Commis- sioners of the City of Collinsville, and the duties to be performed by the Sher- iff shall be performed by the Chief of police of the City of Collinsville; and the city officers are hereby required to perform the various duties herein pro- vided in the State Election Laws pre- scribed for the county officers, in whose stead they act, subject to the same penalties and provisions prescribed by said election laws as to such officers, all general election days shall be holi- days in the city. See. 29. Every person elected or ap- pointed to any office in the City of Collinsville shall, before he enters upon his duties, take the official oath pre- scribed by the State Constitution, and such additional oaths as the Board of Commissioners may prescribe to secure a faithful performance of duty. Any officer ceasing to possess any of the qualifications required of him at the time of his election shall thereby vacate his office and the same shall be filled as herein provided. Sec. 30. All rules and regulations and ordinances concerning the police and fire departments of the City of Collinsville in force when this act goes into effect, and which are not in conflict with this act, shall be and remain in force until altered, amended or repealed by the Board of Commissioners; and all such rules and regulations and ordinances as may be in conflict with this act are hereby repealed. No person shall be eligible to appointment, or to be ap- pointed, or serve as a policeman, officer of police or fireman of the City of Col- linsville who shall have been convicted of any offense, the punishment of which may be confinement in the State Peni- tentiary; nor shall any person be ap- pointed who is not shown to be of good character, or who can not read and write the English language, or who does not possess ordinary physical strength and courage. Firemen of the City of Collinsville shall hold their positions during good behavior, and shall not bo removed from sameV except for such cause as in the opinion of the Board of Commissioners renders them unfit to re- main in the service of the city, and after written notice, giving the grounds for such discharge or remo\;al and an 66 opportunity to be heard on such charges or reasons. The Board of Commissioners shall have the authority to make provision for the care and sustenalice of police- men and firemen who have been dis- abled vi^hile in the active discharge of their duties in the service of the city, or who after long and continuous ser- vice have become, by reason of old age and infirmities, incapacitated to dis- charge their duties. After January 1, 1914, all policemen and firemen who shall have served continuously for ten consecutive years and who have not been found guilty of any charges for violation of any of the rules of said de- partment, shall each receive as salary the sum of $2.50 per month in addition to their regular salaries; for fifteen years of such service, $5 per month in addition to their regular salaries; for twenty years of such service, $7.50 per month in addition to their regular sal- aries; for twenty-five years of such ser- j vice, $10 per month in addition to their | regular salaries. | Sec. 31. It shall be the duty of the Mayor, as soon as this act shall take effect, to order an election on the third Wednesday after this charter takes ef- fect, at which election three commission- ers shall be elected at large in the City of Collinsville. If for any reason the Mayor shall fail to make such call for said election within five days after this act becomes a law, then it shall be the duty of the County Judge of Rogers County to issue said call for said elec- tion and to give ten days' notice thereof. Said election shall be held ac- cording to the laws of the State of Ok- lahoma applicable thereto, except where the same may be in conflict with the provisions of this charter. The judges and clerks of said election shall be qualified voters of the City of Collins- ville and shall receive such compensation and perform such duties as may be provided by law and ordinances of the City of Collinsville. In case such judges so appointed fails or refuses to act, or in case no judge of election appears to open the polls the attending qualified voters shall appoint such officers, who shall have the same powers and perform all the duties of presiding judges of election. But in such cases such judges shall, in their return, certify that the judges of election acting as such, were duly elected by the electors present, naming at least three such qualified electors present and voting. The three commissioners elected at said election, as provided herein, shall hold their re- spective offices, perform their duties and receive their pay until their succes- sors are elected and qualified. Sec. 32. It shall be unlawful for any person to incumber or obstruct any street, highway or grounds of the City of Collinsville with any posts, boxes, lumber, fences, or with anything else. Any person violating the provisions of this section shall be subject to a fine in any sum in the Police Court, not ex- ceeding two hundred dollars, and each and every day that any obstruction shall exist shall constitute a separate and distinct offense. Sec. 33. No officer or employe of^the City of Collinsville shall ever accept, di- rectly or indirectly, any gift, favor, privilege or employment from any pub- lic utility corporation enjoying a grant of any franchise, privilege or easement from said city, during the term of of- fice of such officer, or during employ- ment of such employe, except as may be authorized by law or ordinance. Any officer or employe of the city who shall violate the provisions of this section shall be adjudged guilty of a misde- meanor and shall be imprisoned in the county jail not less than three months nor more than twelve months, or shall be fined not less than five hundred dol- lars nor more than on thousand dollars, or may be punished with both such fine and. imprisonment, and shall be subject to removal from office ispo facto. Sec. 34. No contract shall be entered 67 into by the Board of Commissioners un- til after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts sliall be made upon specifications, and no contract shall be binding upon the city unless it has been signed by the chairman of the Board of Commission- ers, and countersigned by one other member of said Board of Commission- ers, and the expense thereof charged to the proper appropriation; and whenever the contract charged to any appropria- tion equals the amount of said appro- priation, no further contracts shall be entered into by the Board of Commis- sioners. Sec. 35. In addition to all powers elsewhere granted in this charter, the City of Collinsville shall have power to prohibit the erection, construction and maintenance of oil houses, where oil is stored, or oil yards in any portion of the city and to prohibit the erection of such oil houses or oU yards where oil is stored within certain distances of the main lines of any railroad, and to pro- hibit the erection and location of oil houses and the storing of same in any part of the residence district of the city, and authorize the inspection of all such oil houses and oil yards; and to require the building or construction of oil houses out of fireproof material. To require the construction of suitable fire escapes on or in hotels, lodgmg nouses or other buildings, whether now built or hereafter to be built; to regulate the construction of all passenger or freight elevators used in buildings, and to pro- vide for their inspection, and to pass all suitable laws necessary for the safe- ty and protection of life or property in the use of such elevators; to regulate and prohibit the construction of livery stables or blacksmith shops in the resi- dence portion of the City of Collinsville, to prohibit the erection or construction of any building or structure of any kind within the City of Collinsville without a permit first having been issued by the city for the construction or erection of such building or structure, and to au- thorize a fee to be charged for such per- mit; to authorize the inspection by the city of all buikhngs or structures during the progress of their construction, to re- quire that all buildings shall be con- structed in conformity to the building regulations which may exist in said city, or which shall hereafter be passed. Sec. 3G. The Board of Commissioners shall have power to summon and com- pel the attendance of witnesses, and the production of books and papers before them whenever it may be necessary for the more effective discharge of their duties. All process shall be signed by the chairman of the Board of Commis- sioners and attested by one other mem- ber of the board, and shall be served by the Cheif of Police or any police office of the said city. Sec. 37. In the event any part, arti- cle, section or subdivision of this act shall be held to be imconstitutional oi- invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of the act, but the same shall continue in full force and effect notwithstanding such hold- ing. Sec. 38. Whenever any power, au- thority or right is conferred herein upon the City of Collinsville, or upon the Board of Commissioners, and provisions are incorporated herein for the exer- cise thereof in different ways, each of such provisions shall be held and con- strued to be cumulative of the other referring to the same subject, and in such cases the Board of Commissioners shall be empowered to use its own dis- cretion with respect to which of such powers it shall exercise. Sec. 39. All elections for the appro- val or rejection of bond issues, the granting of franchises and th(? levying of special taxes, wherein such matters shall be submitted to a vote of the tax- payers of the city, shall be held at a general or special election in said City 68 ot" Collinsvilie, and the elections held to elect members of the Board of Com- missioners shall be the only elections in said city which shall be denominated general elections. Sec. 40. No real estate belonging to the city shall ever be disposed of by sale, gift, lease or otherwise, except when a majority of the tax-paying voters shall vote therefor at a general or special election, and no other prop- erty of the city shall be disposed of except by the same conditions, unless it be of less than $1,000.00 in value. Sec. 41. The Chief Executive of the City of Collinsvilie, under this charter, shall be the chairman of the Board of Commissioners or any other member of the Board of Commissioners acting in his stead during his absence from the city, or by reason of sickness, or dis- qualification from performing his of- ficial duties from any cause. Sec. 42. The laws of the State as relates to School Boards in cities of the first class shall apply to the School Board and Treasurer, except as herein provided. Sec. 43. The Clerk of the School Board shall receive such compensation as the board shall determine by resolu- tion. Sec. 44. The City of Collinsvilie shall not be allowed to be indebted in any manner or for any purpose to an amount exceeding in any one year the income and revenue provided for such year, without the assent of three-fifths of the voters thereof, voting at an elec- tion to be held for that purpose, nor in cases requiring such assent, shall any in- debtedness be allowed to be incurred to an amount, including existing indebt- edness in the aggregate, exceeding five per centum of the valuation of the tax- able property therein, to be ascertained from the last assessment for State and County purposes, previous to the incur- ring of such indebtedness requiring the assent of the voters as aforesaid it shall have the power to provide for, and be- fore, or at the time of incurring such indebtedness it shall provide for the col- lection of an annual tax in addition to the other taxes provided for by this charter sufficient to pay the interest on such indebtedness as it falls due and also to constitute a sinking fund for the payment of the principal thereof within twenty-five years from the time of contracting the same. Sec. 45. Every officer who shall ap- prove, allow or lay any demand on the Treasury of the city not authorized by law, ordinance, or this charter shall be liable to the city individually and on his official bond for the amount of the demand so illegally approved, allowed or paid. Sec. 46. When this charter shall be adopted and approved in the manner provided by law, the provisions herein made relative to the duties and author- ity of the Board of Commissioners shall be held in abeyance until the election and qualification of the members of said Board of Commissioners, and all powers now held and duties performed by the present Mayor, City Clerk, Coun- cilmen. Chief of Police and other of- ficials of the City of Collinsvilie, Okla- homa, shall continue to be held and per- formed by them until the election and qualification of the Board oi Commis- sioners as by this charter provided. Sec. 47. In all sanitary sewer dis- tricts in which there is a sanitary sewer constructed at the time of the adop- tion of this charter, there shall be a physical connection with said sanitary sewer of every 'building or structure of every kind whatsoever on each lot, part of lot or piece of ground abutting upon said sanitary sewer, and said connec- tion shall be equipped with such lava- tories, sinks, closets and othtr appur- tenances as may be necessary to pro- vide said building or structures with proper sanitary facilities. If the own- er, or agent in charge of any property located in a sanitary sewer district, as above described, shall fail or refuse to 69 comply with the provisions herein made, the Board of Commissioners shall, at the end of ninety (90) days from the date of the adoption and approval of this charter, as provided by law, adver- tise for two weeks in some weekly newspaper, or three times in a daily newpaper, published and of general cir- culation in the City of Collinsville, for bids to make said connection and in- stall lavatories, closets, sinks and other appurtenances necessary to properly equip each and every building or struc- ture as herein mentioned, with proper sanitary facilities. The advertisement for the equipment, herein mentioned, shall designate the lot and block num- ber, or street and number of each house, or building to be equipped and the items to be supplied for each build- ing, and each bidder shall give the firm name, number of catalogue, and cata- logue number of each item to be sup- plied and the unit price of each article and the sum total for each building and total of all buildings to be equipped. Said work shall be let only to the low- est and best responsible bidder, and shall be paid for by Special Assessment against each piece of property and each piece of property shall be assessed ac- cording to the cost of the work done thereon, a«d the same shall be collected as other special taxes provided for in this charter. Sec. 48. When a sanitary sewer shall be built or constructed in the city after the adoption and approval of this char- ter, as provided by law, each and every building or structure loca1;ed on any lot, part of lot or piece of ground abutting thereon shall be connected with said sewer within ninety (90) days from the completion and acceptance of said sewer and shall be equipped with the neces- sary sinks, lavatories, closets and other appurtenances to give the occupants thereof proper sanitary facilities. Should the owner Or agent of the prop- erty fail or refuse to so connect said property within ninety (90) days from the completion and acceptance of said sewer, the Board of Commissioners shall advertise two (2) weeks in some ^ weekly newspaper, or three times in a J daily newspaper published and of gen- eral circulation in the city, for sealed J bids, to connect said property and fur- nish same with the necessary equip- ' ment as hereinbefore mentioned. Each i bidder shall give the firm name, num- ber of catalogue, and catalogue num- ber of each article and the price there- of, for each building or structure to be connected as herein provided, and shall give the total cost for each building or structure, and the total amount for all work proposed. Said work shall be let only to the lowest and best responsible bidders, and shall be paid for by Special Assessment against each piece of prop- erty and each piece of property shall be assessed according to the cost of the work done thereon, and the same shall be collected as other special taxes pro- vided for in this charter. Sec. 49. Library Board. The Board of Commissioners may appoint a Li- brary Board and by ordinatice provide for its organization and prescribe its powers and duties. In the event of such appointment, the members of such Li- brary Board shall serve without com- pensation. Sec. 50. Park Board. The Board of Commissioners may, when the city has funds available for park purposes, ap- point a park board, and by ordinance provide for its organization and pre- scribe its powers and duties. In the event of such appointment the members of such patk board shall serve without compensation. Sec. 51. Amendments. Whenever a petition containing a proposed amend- ment to this charter signed by a num- ber of qualified electors of said city equal to 25 per cent of the total num- ber of votes cast at the next pi;eceeding general municipal election, shall be filed in the office of the Business Manager, the Board of Commissioners shall sub- 70 init such proposed amendments to the qualified electors of the city at the next election held in the city, except an elec- ion invoking the recall provisions of this charter and if at such election a majority of said electors voting thereon shall vote for said proposed amendment, the same shall thereupon become an amendment to, and a part of this char- ter when approved by the Governor and filed in the same manner and form as this charter. See. 52. Repeals. This charter and any provisions thereof, or any amend- ment thereto, may be repealed in the same manner and to the same effect as provided in section 51 of this article for amendments. 8ec. 53. The Board of Cohimissioners shall, by ordinance, fix the rates to be charged and paid for the supply of lights and water and for the benefits thereof, to consumers, and from time to time may modify, amend, increase or di- minish the same; shall establish regula- tions for the use of lights and water by consumers and may impose fines and penalties for the violation thereof. Sec. 54. No person, firm or corpora- tion shall be allowed free use of lights or water, nor shall there be any dis- crimination among light and water users of like classes as to rates, and re- bates in rates shall never be allowed to any person, firm or corporation, except as an inducement to prompt payment of light and water rates; provided, how- ever, that the Board of Commissioners shall have power to reduce such rates for use of water and electric current so fixed for a period not exceeding two years to manufacturing establishments and industrial plants, as an inducement to their location in or near said city, when so authorized by a majority of the legal taxpaying voters, voting at a reg- ular or special election. Sec. 55. Each commissioner and each member of the Police Department, and Business Manager in addition to the power of enforcing ordinances of the city, shall have the same police powers as are given to a constable in making arrests and preserving the peace and safety within the City of Collinsville; provided, that such officer shall have such power over territory outside the city but under its control as may be conferred by the laws of the State. Sec. 56. Any violations of the pro- visions of this charter or of any of the ordinances of the city which now exist, or may hereafter be adopted shall be liable to such fine or imprisonment as is or may be prescribed by ordinance. 71 CERTIFICATE We, the undersigned, being more than a majority of the Board of Freeholders, elected at a duly and legally called elec- tion, held in and for the City of Col- linsville, on the tenth day of Septem- ber, 1913, said election being called for the purpose of electing two freeholders from each ward in the City of Collins- ville for the purpose of framing a char- ter for the City of Collinsville to be submitted to the voters of the said City of Collinsville, do hereby certify that the within and foregoing is the original charter, adopted by us, to be submit- ted to the people of the City of Col- linsville for approval, and that all in- terlineations therein contained, and all the erasures and words stricken out, were made and done before the same was signed by the president and Sec- retary of said Board of Freeholders and by the members thereof. In witness whereof, we have hereun- to executed the foregoing charter in duplicate this 24th day of November, 1913. F. A. Mccormick, Pres. and Member from Second Ward. G. L. CARPENTER, Sec. and Member from Second Ward. A. J. BROWN, Member of the Board, First Ward. Member of the Board, First Ward. E. E. BATEMAN, Member of the Board, Third Ward. H. P. SMITH, Member of the Board, Third Ward. Member of the Board, Fourth Ward. Member of the Board, Fourth Ward. Filed with T. J. Rowland, Mayor of Collinsville, Oklahoma, this 24th day of November, 1913. T. J. ROWLAND. 72 INDEX Title Page Additions 2 By petition 2 Without petition 2 Unplatted lands 2 Publication 2 Recording of' plat 2 Authority of Board 3 Appointments: Business manager C Officers 9 Laborers, 9 Amusements 10 Amusements 17 Auctioneers 17 License 17 Assault and battery 17 Abusive language 17 Animals, cruelty to 17 Boundaries 1 Additions by petition, . . .' 2 Additions without petition 2 Additions unplatted 2 Additions recorded 2 Additions, plats *. 2 Buildings: Market houses, fire stations, public squares, parks, streets, etc., pur- chased or donated 4 do 31 Dangerous IS Markets, public ownership 32 Permits and inspection 08 Fire escapes OS Elevators OS Livery stables and blacksmith shops.... 08 Board of Commissioners 4 Oath and bond 7 Salaries 8 First term lo Certificates lo One- two- three-year terms 10 Filing as candidates 10 Art. Sec. 3 3 4 5 11 2 7 3 ' 1 3 2 5 2 5 11 5 12 ;") 23 5 10 f) 10 ij 19 1 2 1 3 1 4 X 1 1 1 14 12 4 5 29 12 9 18 35 18 3i 18 35 18 35 2 2 9 2 10 4 28 4 29 4 30 4 30 ritlt' Page Art. Sec. BOARD OF COMMISSIONERS— Continued. ^leetings , 25 Charter, self-executing 25 Reports 25 Annual audit 25 Ordinances 37 To fix salaries 37 Annual appropriations 37 Appropriations 38 To fund or refund 39 In the employment of franchise holder. . . 30 Oaths Administered 39 Witnesses and process 69 Service by police 09 Two procedures G9 Chief executive ; 09 Liability of officers for debts 70 Charter held in abeyance 70 Business Manager In the employment of franchise holder. . . 39 Taxation 40 Oath administered 39 Balls 10 Bonds: Insurance and payment 39 Elections 09 Bawdy houses 16 Baggage wagons 10 Maximum rate 16 Bakeries, bread 10 Price of bread 10 Bells, ringing 17 Bugles 17 Bond and Oath: (Official) 7 Commissioner and Business Manager. ... 7 Appointive officers 9 Beggars 17 Beggars 17 Bill posters IS Boxing matches 18 Butcher shops , 29 Births (registration) 28 Board of health 30 9 3 9 4 9 5 9 5 13 22 13 23 13 24 13 27 13 28 13 29 13 31 18 36 18 36 18 38 18 41 18 45 18 46 2 7 13 29 14 . . 13 31 5 2 13 28 18 39 5 4 5 6 5 6 5 8 5 8 5 12 5 12 2 9 2 9 3 1 5 13 5 21 5 24 5 25 11 9 11 2 11 15 Title Page Corporate name 1 Claims, ownership 2 Action to recover 2 Debts, bonds and judgments 3 Contracts 3 Specifications 26 Printing 26 Five per cent 26 How made 68 Tabulation 48 hours Candidates: Nomination 9 Chickens 17 Prohibited in city 19 Dead 29 Cattle 17 Prohibited in city 19 Dead 29 Cruelty to animals ., 17 Board of charities 30 Cocaine, sale of 17 Circuses ; 18 Cock fighting 18 Cemeteries 28 Crematories i. . 28 Charter: Self-executing 25 Chief executive 69 Charities: Juvenile court 19 Board of 30 City Clerk: Oaths administered 39 Documents, ownership 2 Debts to city 2 Action to recover 2 Bonds and judgments 3 Dance houses 16 Draymen 16 Hitching 17 License 17 Depots , 16 Depots 19 Art. Sec. 1 7 7 9 12 9 6 9 6 9 G 18 34 4 5 9 5 36 11 7 5 15 5 36 11 7 5 19 11 16 22 5 24 5 25 11 1 11 1 9 4 18 41 5 23 11 16 13 31 1 1 J 1 t 1 9 5 2 ."i G 5 20 5 23 y 6 5 34 Title Page Art. fcJee. Drawings 10 ,"> 7 Dairies: Regulation 10 Inapeetion 21t Dogs 17 Depositories 25 Deaths (registration) 28 Drainage system 40 Election : Nomination petition ; 9 Printing ballots 10 Arrangement of names 11 Form of ballots 11 Number of ballots 11 Sample of ballots 11 Election board 11 Returns 12 Certificate 12 Canvass returns 12 Canvass returns -12 Judges and clerks, and pay thereof 12 Supplies 13 Proclamation 13 Boxes 14 Supplies, time 14 Returns delivered 14 Returns to be kept after being canvassed 14 Returns shall consist of 14 Stub form 14 Ballots, white paper 14 •Precincts 1") Precincts changed 15 Seal 15 Polls opened 15 First commissioners 15 Candidates, file 10 State laws ^7 First election 67 Bond, franchise and general election .... 60 Special taxes 6ft Party emblem 10 Nomination petition, duplicate and time to file 10 .) 8 11 8 5 10 n 2 11 2 15 2 4 4 4 7 4 8 4 9 4 10 4 11 4 11 4 12 4 13 4 14 4 15 4 10 4 18 4 19 4 20 4 20 4 21 4 22 4 23 4 23 4 24 4 25 4 20 4 27 4 28 4 30 13 21 18 31 18 39 18 39 4 3 Tith' Page Art. Sec. Electric : Poles . 18 Wires 19 Municipal ownership 30 Right to sell 81 Street lighting 32 l]xplosives 20 Fire stations 4 Fire apparatus 27 Fire crackers 17 Pyrotechnics 17 Fighting 18 Fighting and quarreling 17 Firearms and other weapons 18 Fines: Xot paid 18 Not paid 10 Financial depositories 25 Fire limits 20 Fire limits 27 Food inspection 20 Fuel: Weights and measures 20 11 11 Franchise : Street lighting 32 12 14 Light, power, telephone, carriage of pas- sengers or freight, railroad, etc 32 Xo exclusion 33 Non-transferrable 33 Renewel 25 per cent petition. 33 Four per cent bonus 34 Taxes 34 Examine book 34 Fix rates, regulations 34 Right to purchase 34 Valuation for purchase 35 Annulment 35 Street or interurban railroad 35 Street railway over other lines 35 Interurban defined 35 Interurban, 25 year 35 Vote by 35 Bonus payable annually 30 5 32 5 35 12 1 12 2 12- 14 10 1 1 14 10 2 5 11 5 11 5 20 5 10 5 20 5 27 5 33 2 10 1 10 3 11 11 13 13 3 13 3 13 4 13 5 13 5 13 13 7 13 8 13 8 13 13 10 13 10 13 11 13 12 13 13 13 14 Title Page FRANCHISE— Continued. F'ailure to pay Hfi Not applicable to interiirban 30 Street railway in streets 3(J Regulate speed 3C Railway must drain streets 3(1 Railway constnict bridges. culverts, crossings 3(5 Regulate laying of track 30 Raihvay interfering with street traffic. 30 Railway pave , , 30 Paving improvement cost a lien 30 Railway's part of cost of paving 30 Permission to occupy 30 Street railway, 5 cent fare 30 Street railway must stop at each cross- ing 36 Fixe fare for all public service Co., hacks telephone, etc., rates 37 Use of tracks by other companies 37 Repair streets . . . .- 48 Forfeiture 49 Fiscal year 37 Firemen 07 Gambling- houses 10 Goats 17 Prohibited in city 10 Geese 17 Prohibited in city 19 Garbage 27 Garbage , 27 Gas 20 Gas 20 Municipal ownership 30 Right to sell 31 Laying of mains 31 Street lighting 32 Rates 37 Houses of ill fame 10 Houses of ill fame. 17 Hotels 10 Fire escapes 17 Art. Sec. 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 15 15 13 18 5 5 5 5 5 10 10 11 11 12 12 12 12 13 5 5 5 10 20 5 6 24 30 7 9 30 9 30 4 8 11 12 1 2 7- 14 1!) 4 21 TitU' Pago Art. Sec. Horses 17 Driving on streets 17 Driving or riding 17 Hitching 17 Dead 20 Humane society 17 Board of charities 30 Hoops 17 Hogs 17 Prohibited in city 10 Health 28 Board '. 30 H6spitals 31 Initiative and referendum 3 Initiative and referendum 30 Insulting language 17 Inspection : Building 18 Building 18 Building * 20 Building 27 Building 27 Grocery, stable, slaughterhouse 20 Gas. coal and ice 20 Sanitary 30 Premises or persons 31 Building permits and inspection 68 Jail (city prison) 10 Juvenile court 10 Board of charities 30 Kites . . V 17 5 11 Laws and ordinances 2 Constitution "and laws 2 Charter 2 City of first class 2 Ordinances continued 2 Amended or repealed 2 Liabilities 3 Debts, bonds and judgments 3 5 9 5 15 5 18 5 20 11 7 5 19 11 16 5 11 5 9 5 36 11 3 u ]o 12 3 1 13 13 32 5 16 5 32 i> 29 10 1 10 5 10 8 11 10 11 11 11 13 12 3 18 35 5 33 5 33 11 16 6 S 8 8 8 8 9 9 TitU' ^*agt Limitations 3 (a) Powers reserved 3 (b) Sell, rent encumbered utilities 3 (c) Taxpaying electors 3 Self-government 3 Land: Purchase of 3 Title to 4 Lotteries IG Locomotives , . 17 License 17 Dairy* 25) Library, public 31 Miscellaneous: Work to be done by day labor 03 lOight-hour day 63 Not applicable to fire, police, clerical, . . , 63 Overtime , . ,". 63 Property liable for tax 63 Census 63 All property liable for special tax 64 Fiscal year 64 Bonds, eo»itracts, etc, signed, attested by 64 Collection of taxes 64 Sale of property for taxes. 64 Notice of person injured, liability by city 64 Bond or security in suits 64 City property cannot be sold under writ of execution 64 Funds cannot be garnisheed 64 City not liable for assignment of wages~, . 64 Notice to remove buildings, fences, awn- ings, etc.. Business Manager 64 Cost of removal j[issessed as special tax.. 64 Condemnation of buildings by board 6r> Writs, subpoenas, etc., issued in name of city 6,-) 18 ■ 14 Service by chief or deputies in city or Rogers and Tulsa county...-) 65 Revocation of license 6.') Term "officer" defined 6.") Qualified electors 6r> (^alified electors 3 Art. Sec. 1 10 1 10 1 10 1 10 1 13 1 12 1 14 5 7 5 14 5 23 11 8 12 8 18 1 18 2 18 ;> 18 2 18 3 18 4 18 5 18 6 18 7 18 8 18 8 18 9 18 10 18 11 18 11 18 11 18 12 18 12 18 13 8 14 8 15 8 16 S 17 1 10 Title ■ l*ai;v Art. See. MISCELLANEOUS— Contimiod. Finos remitted Oo LS 18 Xo lien against city's property 65 IS 19 Subcontractors, material men. etc., must , file claims 05 IS 1!) Contractors cannot issue checks against city 05 Surety bonds and proof of solvency 05 Sinking and interest 06 State laws governing 66 Charter a public act, notice shall be taken without being pleaded GCt State convicts 66 Curfew 66 Exempt factories from taxation 66 Election laws 66 Election precincts 06 Judges of election, qualified electors.... 06 Duties defined 66 Oaths of office 66 Officers disqualified 67 Police and fire department 67 First election 67 Obstructions 68 Free passes 68 Contracts 68 Oil houses 68 Fire escapes 68 Elevators 68 Livery stables and blacksmith shops 68 Building permits 68 Witnesses 60 Processes . .^ 68 Unconstitutional 69 Two procedures 69 Bond and franchise and general elections 69 Sale of real estate or other property 69 Chief executive 69 Clerk of school board 69 School boards . t 69 Debt limit 69 Debt limit 69 Special tax 69 18 19 IS 20 18 21 18 22 18 23 18 24 18 25 18 26 18 27 18 27 IS 28 18 2ft 18 29 18 29 18 30 18 31 18 32 18 33 18 34 IS 35 18 35 18 35 18 35 18 35 IS 36 18 36 18 37 IS 38 18 39 18 40 18 41 18 43 IS 42 18 44 18 44 18 44 Title I'age Art. Sec. Public -THilities 4 1 14 Watcr\A'orks. gas. tclepliono. tolograph, etc 30 Public Utilities 40 Parks 4 Pegulations 17 Purcliase and regulations. 31 Shade trees 32 Sale of real estate or other property (50 Platting property 4 Additions 2 ' Recording 2 Proclamation 13 Police^ Powers: Right to establish Ifi Policemen 10 Regulate theatres, balls, dance houses, other amusements 10 Police ordinances continued 07 Additional salary 07 Public grounds 17 Pigeons 17 Prohibited in city. 10 Pyrotechnics 17 Profane language 17 Pool Tables 18 Police court 10 Jurisdiction 10 Ex-Off icio judge 10 Power and authority 10 Contempt 10 Office 20 Prosecutions 20 Prosecutions 24 Plaintiff vs. Defendant 20 Docket 20 Warrants 20 Trial forthwith 20 Preach of bond 21 Witness fees 21 •Trial continued 21 Judgment 21 Discharge 21 12 lo 1 14 o 9 12 4 12 12 IS 40 1 14 1 3 1 4 IS « .") 1 5 1 5 2 18 30 IS 30 .") 30 ~) 11 .") 10 5 24 G 1 2 i; (i ti •) (i (1 !) (*. 4 1 S 10 11 c 12 i:] .YL G 14 (] 15 IG IG f) 17 !) G 11 G 11 13 12 8 Title rage Art. >Soc. POLICE COURT— Continued Appeal 21 Unjust prosecution 21' Oaths 21 Contempt 21 Monthly report ^ 21 Printing 2G Privies 2!) Cleaning fee, inspection oO Public library 31 Pavement: Resolution to construct 4!) IG Nature and extent, material and methods, payment of cost, specifications for different materials and plans, bond re- quired for bidders for construction, five-year maintenance 49 Sidewalks, gutters and curbs r)0 Grade changed 50 Cost to city or property 50 Cost to railroad -. 50 Collection of cost 51 Sale of property for cost 51 Advertise for bids 51 Time to receive bids 51 No bid to be amended 52 Right to reject bids or accept 51 Select plans and material after opening bids 51 7 Five per cent certified check Assessing cost to abutting property and side street, alley, and intersections by _ quarter block 52 Special proportion 5.3 Cost proportioned by frontage 53 Deferred payments 7 per cent penalty and cost of collection 53 IG Resolution, assessing cost, notice by pub- lication and registered mail 53 IG Certificate of notice ^. 53 IG Form of notice 54 IG Time of hearing protests as to amount of assessments 54 IG IG 1 IG 2 IG 3 IG 4 IG 4 IG 4 IG 4 IG 5 IG .^ IG :> IG 5 IG 5 IG 5 IG G IG 6 IG G Title Page PAVEMEXT8— Contiinipd Appear in person or by attornej'- and subpoena witnesses 54 Adjournment of hearing .")4 Objections to assessments waived 54 Assessments by ordinance after hearing. 54 Lien upon property for assessment 54 Assessment payable in installments 54 Amount of payments 54 Time and manner of payments 54 Ten-year bonds 54 Deferred payments: Rate of interest, maturity, collection .... 54 Payment in full before maturity ^•i Release of lien 55 Property not liable for assessment im- provement shall not be made 55 Improvement on one side of street '•>'> Ptcassessment by reason of 'error '^r^ Improvement by petition 55 ]*roperty and not the city liable for assessment 50 Assessments evidenced by certificates or tax bills 5(i Certificates signed and attested by 57 Ordinance fixing final assessment.. 57 Negotiable coupon bonds, 25 years, 5 per ((•nt authorized by election 57 I'revious contracts to be completed under former law 57 Two or more properties in one assess- ment not invalid 5S Cost and attorney fees in collecting ot assessments 58 Leins enforced by suit or sale of property 58 Rules and regulations for collecting of assessments 58 Errors may be corrected 5^; Two or mWe owners may be joined as defendants in any suit 58 Suit against assessment must be within ten davs from date of hearing 58 Art. Sec. IG .' IG t IG 7 IG i IG - IG 7 IG 'J IG 7 IG 7 IG 7 IG ( IG " IG 8 IG .8 IG <) IG 10 IG 11 IG 11 IG 11 IG 11 IG 12 IG l;i IG lA IG lo IG i;; k; Hi 1:5 k; l;! k; 14 N Quarantine: Destruction of clothing, furniture, build- ings, etc 28 Contagious disease 2!) Five mile limit •^>0 Records, ownership 2 Referendum '■^ Real Estate: Purchase of -j Title to 4 Removals : Time and manner ^^ Time and manner *•' Roller skates 1' Railroads IT Abandoned track 17 Regtfhition 1 •' Reformatories . . .• 1 " Recall : Form of petition * 22 Petition filed with board 22 Twenty-five per centum 22 Petition published 2r. Date of election 23 Form of ballot 23 Called as other elections 23 Six months' service ' 23 Officers recalled cannot be re-elected or appointed 23 Commissioners not recalled 23 Elected or appointed 23 Reports Annual -^T r'olice 21 Quarterly published • 25 Recommendations by Business- Manager. 37 Repeal 71 Schools: District fi2 Board of edvication of three members... 02 Nomination and election at large 02 Art. Sec. 11 3 11 4 11 14 13 ,"3 11 14 17 34 3;] 1 1 1 2 2 3 4 5 7 7 13 24 17 5 13 24 18 50 17 1 17 2 17 o 17 2 17 2 17 2 17 ;i 17 4 17 o 17 G 1 7 1 7 1 7 1 14 1 18 1 13 2 10 2 1 3 1 12 15 lillc Page Art. Sec. SCHOOLS— Continued. Manner of nomination and election 02 Term of office 02 Take oath first Monday in May 02 Election of president, vice-president, clerk 02 Treasurer 03 Oath of office, recall. 03 Place of voting 03 Succession 2 Suits 2 Claims, property, etc 2 Not affected 4 Self-government 3 Initiative and referendum 3 Salary : Commissioners S Business Manager Appointive officers 9 Appointive officers 32 Employes and laborers. . . . . .^ Fixed by board Saloons 10 Sabbath, desecrations 10 Sheep 17 Swine 17 Prohibited in city 10 Shows 18 Sanitation 2S Sanitation : 20 Sanitation 20 Sanitation 20 Sanitation 20 Dead animals 2!) Dairies 20 Inspector 30 Public toilets 32 Slaughter liouses 20 Slaughter houses 20 Slaughter houses 30 Streets : Lay out. establish, open, alter, widen, lower, raise, extend, grade, narrow, , care for, maintain, improve, sprinkle, etc 31 12 ,"> 24 3 4 5 7 7 8 13 10 10 12 Titlf Page STREETS— Continued. Ownership 4 Obstructions ?>\ Contractors must clean 31 Open, widen, extend, improve 32 Ohstructions 32 Shade trees 32 Excavations 32 Lighting 32 Ilailway franchise 45 Condemnation .• 4G Repair by franchise holder 48 Lien against property 48 Sidewalks, curb and gutter 50 Change of grade 50 Sidewalks : Cost of construction 31 Cuts or excavation 31 Grade 31 Obstructions 32 Excavations 32 Resolution to construct 40 Cost to abutting property no Change of grade 50 C^st to city of pro])erty 50 Collection of cost 51 Cost by railroad 51 Advertise for bids 51 Time to receive bids 51 Right to accept or reject bids 51 Select plan and material after opening bids 51 No bids to be amended 52 Five per cent certified check 52 Assessing cost to abutting property side street, alley and intersections by quarter block - 52 Constniction ordered by resolution 50 No notice required 5!) Form of resolution 50 Plans to be prepared by 50 Approval of plans -^-^ Statement giving name of owner, descrip- Art. Se( 1 14 12 4 12 7 12 11 12 12 12 12 12 12 12 14 15 1 15 3 15 5 15 5 IG 2 IG 3 12 4 12 5 12 G 12 12 12 12 IG 1 IG 2 IG 3 IG 4 IG 4 IG 4 IG 5 IG 5 IG 5 IG 5 IG 5 IG 5 IG G IG 15 IG 15 IG 15 IG 15 IG 15 Title !';!« SIDEWALKS-C'or.tinucd. tion of property, estimate of cost.... 59 (Irading- excavation excluded 59 Notice to owner by publication to con- struct or reconstruct sidewalk within thirty days 59 Additional notice may be given 60 Gradins^ excavation paid for by city GO Resolution to construct by contract after thirty days' notice CO With or without competitive bids. >, 60 Cost assessed against abutting property. 60 Assessment in accordance with benefits.. 60 Notice of assessment by resolution 60 Notice by publication or registered letter 60 I Time of publication of notice 60 ' Time of hearing protests against assess- ment 2 How constructed Hi ITow constructed HI Theatre* 16 Variety theatres Hi License and regulations 1!> Special tax ''!^ Velocipeih's 1 < Vagrancy 1 '* 14 5 14 o 14 G 14 G 14 J 14 7 14 - 14 7 14 8 14 9 14 10 14 10 14 10 14 10 14 10 14 11 14 11 14 12 14 13 14 14 14 14 14 ir, 14 IG 14 17 14 18 14 19 14 20 14 21 14 21 14 23 14 24 14 25 13 24 13 24 13 24 13 25 13 2(; 18 44 IS 44 , 11 .") 33 Title Page Art. Sec Vagrancy 18 5 27 Weights and Measures 10 5 5 Bread 16 5 8 Hay, coal, ice, gas, etc 29 11 11 Whistles 17 5 12 Workhouses 18 " 5 27 Workliouses 19 5 33 Work on Streets: Age limit 24 8 1 Single-handed or team 24 8 1 Cash 24 8 1 Substitute 24 8 2 Neglect 24 8 3 Waterworks : Municipal ownership 30 12 1 Right to sell 31 12 2 Purchase of land 31 12 3 Rates 31 12 3 Laying of mains 31 12 7 Aqueducts and reservoirs 32 12 13 Water courses 32 12 13 Water courses 46 15 3 Wm. M. Gres lam, City Clerk I. J). J. Matthe\vs. Register of Deeds for Rogers County, State of Okla- homa, hereby eertify tliat I have this day. November 2r)th( 1013, filed Charter of the City of Coliinsville. Okhiiioina. in ouj' Chattel Index No. 4. Page 47. D. J. MATTHEWS, (SEAL.) Register of Deeds. I. Renjaniin F. Harrison. Secretary of State of Oklalionia, do hereby eer- tiiy that the charter of the City of Collinsvill(^ Oklahoma was approved by the (Governor and filed in this office January 10, 1014. In Testimony Whereof. I have hereunto set my hand and caused to be affixed the Great Seal of the State of Oklahoma, this the Kith day of April, A. D. 1014. (Signed) RKXJAAHN F. HARRISON, ^SKAL.) Secretary of State. STATE OF OKLAHOMA. COl'NTV OF R0{;ERS. SS: I, Wm. M. (iresham. the duly (jualified and acting Clerk of tin,' City of Col- linsville. county and state aforesaid, hereby certify that the within and fore- going is a true and complete copy of the Charter of the City of Collinsville. as] l)repared by the Board of Freeholders eh'cted September 10. 1013, and executed] in duplicate November 24. 1013. and filed with the Mayor and in the office ofj the Recoi