' eS se - ot 7 Dreamer. tia UNIVERSITY OF ILLINOIS LIBRARY Class Book Volume 30h.07ES MSS = 1H ww Ne A DIGEST OF THE LAWS, ORDINAN CES. CONTRACTS’ OFS THE Gly OF MEMPHIS CONTAINING ALL LAWS, ORDINANCES AND CONTRACTS PASSED AND ENTERED INTO UP TO AND INCLUDING JUNE 30tTu, 1909. COMPILED BY H. DOUGLASS HUGHEY Pursuant to the following resolution adopted by the Board of Fire and Police Commissioners of the City of Memphis, July 31, 1907. “WHEREAS, It is provided in the City Charter that a Digest of the local laws shall be prepared at least once in five years, and oftener if deemed necessary by the Board of Fire and Police Com- missioners; and, “WHEREAS, The last Digest was issued in 1902, and a new Digest is now needed; therefore, “Resolved, That the City Attorney be directed to prepare a new City Digest modeled on the plan of Walker’s Digest of 1898, the work to be done as soon as practicable. “In preparing the Digest, the Attorney is directed not to m- corporate therein the city contracts now embraced in Watkins’ Digest of 1902, beginning at page 533 of said Digest; but city contracts of general and lasting character, and especially those modifying or changing the above contracts now appearing in Watkins’ Digest, will be incorporated in the new Digest. “The matter under the head of ‘Decisions of State and Federal Courts Relating to the City of Memphis,’ commencing at page 105 of Watkins’ Digest, and ending with page 160, will also be omitted. “A careful index of the contents of the Digest will also be pre- pared.”—(Minute Book “B,” Fire and Police Commission, p. 132.) CITY GOVERNMENT OFFICIALS. LEGISLATIVE COUNCIL. COMPOSED OF THE BOARD OF FIRE AND POLICE COM- MISSIONERS AND THE BOARD OF PUBLIC WORKS. FIRE AND POLICE COMMISSIONERS. SUES EC PCA CON ERM one bedee es tigate ToL ment oo Mayor Mmmm ALEC aye agit lel lo oh ol Vice-Mayor CEES STS SF ates Rn a ae a ee Commissioner POPPE MOP RUC Hck: ciety rte ti oe EM eae Commissioner TEED SU San ane Ren Aaa eT Commissioner BOARD OF PUBLIC WORKS. GEO. C. Love, Chairman. THOMAS DIEs. FRANK F. HI. J. S. DuNScomp. P. J. MORAN. C. W. Epmonps. Louts SAMBUCETTI, ABE H. FRANK. J. THOS. WELLFOrRD, H. T. WINKELMAN, See ER IOUGLASE Sth. 856, \5 Atha ens eee ees City Register TACIT AWS CEH Ss (a alta OR ee RY eS Asst. City Register he RE City Stenographer and Clerk to the Legislative Council SPREE Ysa ALEXANDER, 0 eck nS yas. Le Assistant Clerk RRM ABB Ors hon ey Nos ma gee aU Secretary to the Mayor LEGAL DEPARTMENT. Re ee ACK ROMs Hah ny elera vce es by City Attorney PEL re VLC I MIM 0505.0 os Wg oh wee Assistant City Attorney Demers EnV ANNE C7, Pps. Wig ct els it Assistant City Attorney LEGISLATIVE COUNCIL — CONTINUED TAX DEPARTMENT. GOs as FL LO IY Oar cee ccs ioe? e 06 was bis se City Tax Assessor Re Dees ENN V BYES SOUCY ete eat gle x US > a ects aoe erate eee Assistant Assessor POLICE DEPARTMENT. PUN pan Ae rtd Wid meee etn a ces c's carla Sw ta .8 ne Chief of Police {Sve rae pS 1, Siena LRN tae Ce neat a ea Men Hae eT Chief of Detectives STE Lire oR ATR UND Se ec ab cw wren at'e oo ale SR a Sire clare eee ae Clerk FIRE DEPARTMENT. On CRS UELIVAN oe) locas ei saio- es bv ie 0 0 ee us 8 ee epee Chiet JOR N ANICICADDE Nh hates Sao LS Salita aan ee Assistant Chief J OLAUIS WEIN PIGEONS i cco alc a basis ols ce d's ahs ea On ae ee Assistant Chief MrCe Fe TPTALOR RTS wtis ies u p S Pes ee Assistant Chief OTHER OFFICERS OF THE CITY OF MEMPHIS. As Cre EON totais At Wig cas sees oor ec Oia ace eS Judge of City Court JAE ON SOR Gant nein Tots hier ee, esos fa Satan Clerk of City Court | Bete, HN SE ahi dy ON 5a oe SiMe dee Re get Oe pA Assistant Clerk of City Court J SEO WBA TER RORD riers eure eoaid sso os laren g aie ea Engineer DANACy SNENVEO Nie erento Rees aie k Ns elo ok Building ,Commissioner Re ALT BUDE Yc deere, Beenie wit yeaa: o's 68. dG abe ie ip Se Paymaster PG pBROW RS a ee ok eit ee ie oss Sa es io atlas Street Commissioner BURA OE AW oy NS open ee toe Tere anos Beka fs Sl eaertale: aca omen aaa Wharfmaster KSLIX? DECEEBC re EO seh eee Sees Register of Licenses, Etc. W.. PO SHEA Sees epee reget Inspector of Weights and Measures JAAgsOLIVERG Serra a ae bee eee Assistant Building Commissioner W115 WEEE Oo ates eee tee Ls tua Ste, Hecker So Sune ma Gas Inspector Cy-P= MARS FEAT Bis: cies rene etna eae ee tet ae Boiler Inspector JOS.) SBRAUING aioe aha enti erent wae eh steers hee Light Inspector FRANK: SPAY DORs Ss ace cath ot ena eke ee Hospital Superintendent Cid 5 SOMULTZ ir 52 econ a tee tke re eae Plumbing Inspector J SEASEOVEER as can erase Mosca ote rae rater te oe anne Cetera: Meat Inspector CHAS (ale JEG. coc. 7s ieee Meet ate oes foe ae ak License Inspector GOS I SW ABD oa pole oot carol aera eas ele ge I =e oho ohne Market Master GHAS. HALLORAN. oe edit < Sia anette lege ee Harness Maker Jo We SCHETREER 05/8) Sete ee eae Veterinarian INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. The present Digest (1909) embraces all legislation relating to the city, and all ordinances, resolutions and contracts of an im- portant and lasting character down to and including the 30th day of June, 1909. Introductories to the earlier Digests furnish a brief history of some of the causes that gave birth to our laws, and explains why the “Taxing District Act of 1879,” and amendatory acts _ thereof, were necessary, which acts, in effect, make our govern: ment simply an agent of the state government. The main cause that brought about the repealing of the origi- nal charter of the City of Memphis, Acts of 1826, and amendments thereof, was the city’s inability to settle its debts, brought about by the yellow fever scourge of 1878, which, so depopulated our city and depreciated real estate values that the settling of the old debt dollar for dollar was impossible. The city compromised this debt with its creditors, the Taxing District Act of 1879 and the amendatory acts of 1883 and 1885 being enabling acts for this purpose, which resolved our government back into the body of the State, abolished all offices and withdrew all power of taxation from the municipal government, and transferred all such powers to the custody and control of the State. The old city debt in 1883, with accumulated interest, amounted, in round numbers, to about $7,000,000. Under the acts above mentioned, the debt of the old city was settled long since, and funded into “compromising bonds,” issued by the district, the original issue being about $3,500,000, bearing 6 per cent. interest. The city has since paid $730,000 of these bonds, and has issued new refunding 414 per cent. bonds:for the remainder. 6 INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. As the work of compiling this Digest begins from the date of the Watkins’ Digest. of 1902, I deem it would not be inappro- priate to give briefly a review of the growth and improvements made by the respective governing agencies since that time. WILLIAMS ADMINISTRATION. During the years 1902 to 1905 (and for four years prior to 1902), the Hon. J. J. Williams was at the head of the govern- ment. Prior to the year 1903, the city could not levy and collect more than $600,000 of taxes for any one year on realty, personalty and merchants’ capital. The revenue derived from privileges, pick-up taxes and all other sources, in addition to the $600,000, amounted to about $200,000, giving the administration, say $800.- 000 to maintain and faurove its government. The city was be- ginning to grow rapidly, and new territory was being annexed here and there, and new homes and new industries were being built, creating a necessity for sewers and water. The Mayor, believing that the return of the dark days of 1878 and 1879 could be averted by the proper sewering of its territory, expended almost the entire revenues, after paying the necessary running expenses of the several municipal departments, in building sew- ers and in laying water mains. Our revenues being limited, street improvement was a secondary consideration. In 1903 an amendment to the Taxing District Act was passed, allowing the city to levy and collect taxes aggregating not more than $1,100,000 per year, and this increase in revenue, though not sufficient, enabled the government to do a great deal of street improvement. The Williams administration was criticised- for extending its sewers far into the open and unsettled territory, commonly called by many “old fields;” but the rapid growth of the city soon justified this far-sightedness, and before Mayor Wil- liams went out of office he was commended for his course. When he was retiring and the Malone government was being ushered in, the Hon. J. T. Walsh, Vice-Mayor, stated in open Council: INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. “Mayor Williams, you have made the best Mayor Memphis has ever had, and have built for yourself a monument that will stand forever, even though it be hidden under ground.” .MALONE ADMINISTRATION. The government with the Hon. James H. Malone as Mayor at its head began with the year 1906. Unfortunately, factional poli- tics broke out early in the administration, culminating in what was in effect a repeal of the entire City Charter by an act of the Legislature in 1907, and legislating out of office every man, from the Mayor down, and the Mayor was excluded from the City Hall for some six weeks. However, this act was declared void by the Supreme Court, the particulars of which can be seen in the case of Malone vs. Williams, 118 Tenn., p. 390. This contest greatly embarrassed the Mayor in formulating and carrying out his policies. Although, as above stated; the prior administration had ex- pended the bulk of its revenues in building sewers and water mains, and the improvement of its streets had been limited, still, the city had been making such rapid strides in its growth that the building of sewers and mains could not keep pace with the growth of the city, and the Malone administration was forced to continue making large and continued improvements along this line, which drew heavily ‘upon the limited revenues. This administration pushed ahead with street improvements the first two years of its term as rapidly as possible with the revenues left after paying for the maintenance of departments. Early in his administration, the Mayor took a determined stand for better and more sidewalks and an ordinance was introduced by the Mayor, and passed by the Council, requiring property owners to build and maintain granolith sidewalks in front of their respec- tive properties. This ordinance, after a bitter contest in the courts, was held valid, and, as a result, hundreds of miles of 7 8 INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. granolithic sidewalks have been laid, for which the Mayor de- serves much credit. (See the case of O’Haver vs. Montgomery, 120 Tenn., 448.) During the session of the Legislature of 1907, Mayor Malone was instrumental in having an act passed, commonly called “The Front Foot Assessment Law,” which act permits the city to im- prove a street, assessing the property owners two-thirds of the cost, proportioned according to the respective frontages. This act required the signatures of 60 per cent. of the property owners before an improvement could be made; but, under an amendment passed in 1909, the city was given the initiative—that is to say, the city may proceed to improve the streets on its own motion, assessing the property owners whose property lies adjacent to the street improved two-thirds of the cost, according to the front- age, which charge is made a lien against the property. This law is especially the result of the labors of the Mayor, whose work has greatly simplified and made the law more efficient and easy of application. The validity of the act of 1907 was assailed in the courts, but it was declared constitutional by the Supreme Court, at its April term, 1908, in the case of Nohsey vs. Memphis, MSS. By the aid of this law, and an act of the Legislature of 1909, authorizing the issuance of $1,000,000 bonds for street improve- ment, the city fo anbine rapid strides in the improvement of its streets, and is fast becoming one of the best paved cities in the whole country. In the annual message of the Hon. James H. Malone, Mayor, published in May, 1909, His Honor says: THE PUBLIC WORK DONE DURING YEAR 1898. “It should be a matter of gratification to the Council that the year 1908 marked the first step taken toward paving and beautify- ing our highways in the history of the city, and these improve- INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 9 ments have met with such hearty approval on the part of the citizenship at large that it will not be possible in the future to take any backward step along these lines. “Street paving in 1908 under the front foot assessment law: PLCCOtS COMPLOLOG snot Sains, fleet. 285 9.74 miles Streets nearly completed ety cose eye 7.24 miles SELeeLSeUlOGlLrCODLT ACU a yes wieleiets se .98 miles “Improvements in 1908 not under the front foot assessment law: Streets compieted or nearly completed 4.36 miles PRO UA ate rer Pn oetnoee nh sends. tae cto, we 22.32 miles” Since the above report was made, all of the work embraced in the above has been completed, and new street work, aggregating about twenty-one miles, is now under course of construction, or contracted for. The people of Memphis have almost unanimously endorsed the policy of the Mayor and his administration in its street improve- ments under this law, gladly assuming the obligation to pay two- thirds of the cost; and the administration will carry forward (if not prevented by the courts, an injunction suit being now pend- ing in the Chancery Court questioning the constitutionality of the 1909 act), these great improvements upon the scale that they were projected in the year 1908. MAYOR’S POLICIES OUTLINED IN 1908. Early in the fall of 1908, and with a view of carrying out the policies he had formulated, by having the same enacted into laws by the Legislature of 1909, the Mayor addressed a large audience of business men, and this address was put in pamphlet form and largely circulated, at his own expense. He advocated: 1. The amendment to the front foot assessment law already referred to. 10 INTRODUCTION TO THE SEVENTH (PRESENT) DIGEST. 2. ° or functions of said office. Sec. 5. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it.* 1 The constitutionality of this act is sustained by the Supreme Court—2 Lea 425. PROCLAMATION OF THE GOVERNOR. DECLARING TO WHAT MUNICIPAL CORPORATION THE FOREGOING ACT IS APPLICABLE. EXECUTIVE DEPARTMENT, NASHVILLE, TENN., January 31, 1879. Albert S. Marks, Governor of Tennessee, to all who shall see these Presents—Greeting: WHEREAS, An act has passed the General Assembly of the State of Tennessee, of date the 29th day of January, 1879, entitled, “An act to repeal the charter of certain municipal corporations, and to remand the territory and inhabitants thereof to the gov- ernment of the State,’ and it is made the duty of the Governor of the State by said act to ascertain and declare by proclamation’ to what corporations said act applies: Now, therefore, I, Albert S. Marks, Governor of the .State of Tennessee, do hereby make proclamation that I have ascertained and do hereby declare that the provisions of said act are applica- Act applies to ble to the City of Memphis, in the County of Shelby, alone, that Memphis alone. being the only municipal’ corporation within the State having . 35,000 inhabitants or over, at the date of the passage of said act. In testimony whereof, I have hereunto set my hand and offi- cial signature, and have caused the great seal of the State to be affixed, at the department in Nashville, this 31st day of January, 1879. ALBERT S. MARKS, CHAS. N. GIBBS, Governor of Tennessee. Secretary of State. PROCLAMATION OF THE GOVERNOR. 33 I, C. N. Gibbs, Secretary of State of the State of Tennessee, do certify that the foregoing is a copy of the proclamation of the Governor, the original of which is now of record in my office. In testimony whereof, I have hereunto subscribed my official ‘signature: and, by order of the Governor, affixed the great seal of the State of Tennessee, at the department, in the city of Nashville, this 3lst day of January, A. D., 1879. CHAS. N. GIpss, Secretary of State. ACTS OF THE LEGISLATURE OF THE STATE OF TENNESSEE RELATING TO THE CITY OF MEMPHIS BEING CHAPTER 11, OF THE ACTS OF 1879, AND ALL AMENDATORY ACTS THEREOF. All sections herein not otherwise noted are from the original Taxing District Act, passed January 31, 1879, being Chapter 11 of the Acts of 1879, and amendatory act of March 12, 1879, Chapter 84, Acts of 1879. 4 vA CHARTER OF THE CITY OF MEMPHIS, ACTS OF THE LEGISLATURE,».’, RELATING TO THE CITY OF Mempuls, CHAPTER 1. ARTICLE 1. 7 AN ACT to establish Taxing Districts in this State, and to pro- vide the means of local government for the same, approved January 31, 1879, and acts amendatory thereof. [Chapter 298, of the acts of 1909, commonly known as the “Commission Form of Government Act,” is set out separate in compiling the various acts of the Legislature affecting the charter of the City of Memphis. This act, however, vests in “The Board of Commissioners” all the powers and the right to discharge all of the duties vested in and imposed upon the present Board of Fire and Police Commissioners, Board of Public Works, and the Legislative Council, and such other duties and powers as are therein prescribed; hence, I have made foot notes to the various sections of the Taxing District Act and amendments, as are modified or changed by said Act of 1909, as a convenient refer- ence.—Compiler’s Note. |] Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the several communities embraced in the ter- ritorial limits of the municipal corporations in this State as have been, or may have their charters abolished, or as may sur- render the same under the provisions of this act, are hereby cre- ated Taxing Districts, in order to provide the means of local government for the peace, safety and general welfare of such districts.’ 1 Section 1 of Chapter 11, Acts of 1879. 38 CHARTER OF THE CITY OF MEMPHIS. Boundaries. Southern limits. Eastern limits. Sec. 2. Such Taxing Districts shall bear the name such cities or municipalities had prior to the repeal of their respective char- ters.” ARTICLE 2. | TERRITORIAL LIMITS. egg ).. Sevtion 1. Beginning on the line of midstream of the Mississippi Rivers a a point where the south line of the Speed- way, as Vaid off immediately east of Moore avenue if extended west would intersect said midstream line, and running thence east with the south line of the said Speedway (said Speedway being Known here as Kerr avenue), to the southeast corner of said Speedway and Victor avenue; thence east with the south line of said Speedway to a point where it turns north; thence north to the southeast intersection of said Speedway and Kerr avenue; thence east with the south line of Kerr avenue to the northeast corner of Calvary Cemetery; thence north to the south line of the Speedway (known here as Austin avenue); thence east with the south line of the Speedway to the southeast corner of said Speedway and Locke avenue; thence due east to the east line of Trezevant avenue; thence north to the east line of Treze- vant avenue to the south line of the Speedway; thence east with the south line of the Speedway to the east line of the Speedway; thence north following the east line of said Speedway (said Speedway being known as Travevant avenue) to the northeast corner of Trezevant and Summer avenue; thence north with the east line of Trezevant avenue to the Old Raleigh road (also known as Jackson avenue); thence west with the north line of the Old Raleigh road, or Jackson avenue, to a point where it intersects the west line of Springdale avenue; thence north with the west line of Springdale avenue to the northwest intersection 2 Section 2 of Chapter 229, Acts 1891. (Under this act and by resolution of Legislative Council adopted April 9, 1891, name changed to ‘‘City of Memphis.’’) CHARTER OF THE CITY OF MEMPHIS. 39 of the said Springdale avenue and the right of way of the Louis- ville & Nashville Railroad; thence west to the northeast corner of the present city limits; thence westwardly on the north line of the present city limits (being the south line of Volentine ave- nue) to a point where the west line of Jones avenue, if pro- jected south, would intersect said north line of present city lim- its; thence north to the northwest intersection of Jones avenue and the New Raleigh road; thence west on a direct line to the southwest corner of Maple and Chestnut streets; thence west with the south line of Maple street to the southeast corner of Maple street and Thomas street; thence west on a direct line to midstream of Wolf River; thence southwardly with the mean- derings of the midstream line of Wolf River and Maingault Canal to the line of midstream of the Mississippi River; thence southwardly with the meanderings of the midstream line of the Mississippi River to the point of beginning.’ ARTICLE 3. POWERS OF THE LOCAL GOVERNMENT. (§ 4.) Section 1. The local government established by this act shall have power to establish workhouses and houses of cor- rection; to declare by local laws what acts shall be misdemean- ors, and when committed within the city to punish the offenders by fines and forfeitures, and by imprisonment and labor within and without the workhouse in default of payment of the fines imposed as punishment; to cause the arrest of all vagrants, tramps and drunken and disorderly persons within the city, and provide for the punishment of same in the manner above pro- vided; to prohibit, by fine, the introduction of paupers into the city by steamboats, railways and other carriers of persons; to regulate, control and suppress disorderly houses and houses of 1 Boundaries enlarged by act February 28, 1890, and further enlarged by Acts of 1899, Chapter 134, and further enlarged by Senate Bill 342, Acts of 1909, and takes effect September 1, 1909. Northern limits. Western limits. Workhouses. Misdemeanors. Vagrancy. Paupers. Disorderly houses. 40 CHARTER OF THE CITY OF MEMPHIS. Gaming houses. Sanitary laws. Quarantine laws. Hospitals. Soap factor- ies, slaugh- ter pens, ete. Construction of water closets. Sanitary inspector. Tenants’ lia- bility and re- course on landlord. ill-fame; to suppress’ gaming houses and to punish gaming by fine and imprisonment, and to arrest and confine for trial, or to take forfeit for the appearance at trial [of] all persons charged with offenses which are punished as misdemeanors by the laws of the State and the city... Said government shall have the power to pass all laws to preserve the health of the city, to define, prevent and remove nuisances within the city, and for a distance of one mile outside the same; to make quarantine laws and enforce the same within ten miles of the city, to prevent the introduction of contagious diseases into the city;* to establish and regulate hospitals in accordance with the present laws of - the State;* to prohibit the erection of soap factories or houses for curing green hides, or slaughter-pens or factories, and all houses of like character. [They shall have power to compel all owners, tenants or occupants of improved property in all in- stances necessary to good sanitation, to construct water closets, slop sinks, and other. sanitary appliances, and to connect the same with the water and sewer mains; to confer power on said municipality to appoint an inspector of all such work; provided, that whenever any tenant or occupant shall be required under any ordinance of the city to lay a pavement, make sewer connec: tion, or to do any other thing of which the city has the power to compel the performance, such tenant or occupant shall have a lien upon the property occupied for reimbursement, and reasonable attorney’s fees, if the primary obligation to do the Same was on the landlord, said lien to be enforced by attachment proceedings in any court of competent jurisdiction, and to date only from the commencement of such proceedings as against other lien creditors or assigns of the owner, and the tenant or occupant may, when so entitled under the general principles of 1 By amendment, Chapter 251, Acts 1905, the words ‘‘regulate, control and’’ were stricken out. _2 The proviso, ‘‘All necessary judicial authority is hereby vested in the Presi- dent (Mayor) to try offenders,’’ etc., repealed. See Chapter 54, Acts 1907, Section 86 to 40. 3 See Acts 1898, Chapter 151, as to diseases. 4 Act 1878, Chapter 16, hospital transferred to Memphis. CHARTER OF THE CITY OF MEMPHIS. 41 the law of set off, use such claim against his liability for rent]’, and it shall be their duty to condemn as nuisances all buildings, cisterns, weils, privies and other erections in the city, which, on inspection, shall be found to be unhealthy [unsanitary, or dan- gerous to persons or property ]*, and cause the same to be abated [or removed],* unless the owners thereof, at their own expense, upon notice, shall reconstruct the same in such manner as shall be prescribed by the laws of the city; and as to all buildings, cisterns, wells, privies, and other private improvements to be constructed in future, they shall have the power, and it shall be their duty, to have the same so constructed as not to interfere with the health [or safety of persons or property]|* within the city. They shall have the power, and it shall be their duty, to provide that the city is, from day to day, and every day, kept in.a clean and healthy condition, the yard and premises of every occupant of every dwelling, outhouse, office, store, shop, or other place of business, including the cellars and other places having unhealthy material, are cleaned, and so kept by such occupant every day at his own expense, and to prohibit by proper laws and penalties every such occupant from throwing or putting any trash or improper materials in the streets, alleys, or sidewalks, except for the purpose of removal; to require such occupant, daily, to deposit all unhealthy material in the street near by, in some suitable vessel, to be provided by the occupant at his or her own expense, to be carried off by the public carts and rendered harmless; to compel lot owners to make safe and proper sidewalks of brick, plank [stone, or granolith]* adjoining their lots; to designate and establish fire limits, within which wooden buildings shall not be erected; to prevent the erection [main- tenance or’ occupancy]? of buildings dangerous [to persons or property ]’, and to remove them when erected without their con- sent; to regulate the manner of building partition walls, para- pet walls, and partition fences; to regulate fireworks, stove- 1 In brackets Act March 23, 1889, Chapter 163. 2 In brackets Act March 28, 1889, Chapter 163. 3 In brackets Act March 28, 1887, Chapter 233. Abatement of nuisances. Building reg- ulations. City to be kept clean. Refuse mat- ter—how dis- posed of. Sidewalks. Fire limits. Dangerous buildings. Partition walls, ete. 42 CHARTER OF THE CITY OF MEMPHIS. Flues, chim- neys, etc. Plumbing. Combustible articles. Landings and wharves, Inspection, weighing and gauging. Regulation of railroad tracks. Inspection of steam boilers. Regulation street car tracks and street cars. Forbidding digging of streets, etc. Regulate gas companies, -wells, cis- terns, etc. pipes and flues in all shops, kitchens and other like places; [to regulate and control plumbers and plumbing works, and to en- force efficiency of same]'; to regulate the keeping and storage of gunpowder, coal oil, and other combustible articles, and to prevent the same from being stored within the limits of the city, or within one mile of the same’. They shall have power to make, preserve and improve steamboat and flatboat landings, and all wharves within the city; to regulate the anchorage and mooring of boats and other water craft at landings in the city; and to prohibit or regulate wharfboats; to establish inspection laws for the inspection, weighing and measuring of all kinds of provisions, provender and fuel for man and beast, and to pro- vide for the gauging and inspection of all kinds of liquors and illuminating oils, but no charge shall be made for testing any measure, article or vessel for which a fee has once been paid to any officer acting under and by authority of this act, and having on said measure, article or vessel a stamp or brand of an inspection officer; to permit and regulate the laying of rail- road tracks of iron, and the passage of railroad cars through the city, and to remove such railroad track if it obstructs travel or does not conform to the laws of the city; [to regulate, con- trol and provide for the inspection of all steam boilers used in said municipality, including locomotive engines; to prevent the introduction of all such as are unsafe, and to appotnt an inspector of boilers, to be paid out of the salary account by the municipality; ]* to make all suitable and proper regulations in regard to the use of the streets for street cars, and to regulate the running of the same, so as to prevent injury or inconven- ience to the public; to forbid the opening and digging up of the [to regulate gas companies and price of gas and appoint gas inspec- streets by gas or water companies to the public detriment; tor; ]* to regulate wells, cisterns, 1 Act March 23, 1889, Chapter 163. 2 The proviso that sidewalks cannot be required to be laid unless street is graded, etc., stricken out by Act of 1881, Chapter 96, Section 24, p. 116, and there- fore not inserted. 3 Act March 23, 1889, Chapter 91; also Senate Bill 455, Acts 1908. hydrants and fire plugs, and CHARTER OF THE CITY OF MEMPHIS. 43 to convey water into the city from the vicinity; [to build, own and maintain waterworks; |' to establish and regulate markets and market-houses; [to control and regulate the sale of fresh meat, whether on foot or killed, and to appoint an inspector for that purpose; ]? to make provisions for lighting streets, al- leys and other public places, in front of churches, jails and other public buildings in the city, and to erect all necessary public buildings; [to purchase, build and operate electric light plant and gas plant; |’? to repair, and keep in repair, streets,’ sidewalks and other public grounds and places in the city; to open and widen streets; to change the location [of], or to close same, and to lay off new streets and alleys when necessary; to have and exercise entire control over the streets and other public property of the city, as well that within, as that without the city; [to accept of any money or property for the purpose of any public or corporate use; |* [to dispose of and cancel double and illegal assessments of taxes assessed for, or in favor of, such city].° (S>.5.) Sec. 2. 1879, Chapter 11, are vested with the power by ordinance Taxing Districts organized under the act of to regulate and control all gas and other companies furnishing light to the said district and their inhabitants by means of pipes, wires and other conductors, laid in and over the streets or side- walks of the said districts.°® Said districts shall have power to enact, by ordinance that the gas furnished as aforesaid to said districts and thein inhabitants, shall be of not less than sixteen candle power; that the same shall be as pure and free from deleterious and hurtful elements as practicable. And said districts shall have power by ordi- nance to regulate the rate to be charged for gas so furnished, 1 See Act March 24, 1887, Chapter 147. 2 See Act March 22, 1887, Chapter 64. 3 See general act 4s to damages by change of 1893, Chapter 41. 4 See Act March 28, 1889, Chapter 163, Section 2. 5 See Act March 24, 1891, Chapter 80. 6 See Senate Bill 455, Acts 1908. Also Act of Also Chapter 172, Acts 1905. grade, Act 1891, Chapter 31; Act March 11, 1887, Chapter 91. Building water works, Markets— sale of fresh meat, Lighting streets. Ownership of electric and gas plant. Open, close and change streets, al- leys, etc. Accept prop- erty for pub- Ive’ use. Cancel dou- ble or illegal assessments. Control of lighting com- panies, Regulation of quality of gas. Regulation of price of gas. 44 Appointment — and duty of gas inspector. Power of tax- ation. Ownership of water- works. To compel the use of water fur- nished by city or pri- vate com- pany. Levy of sewer tax. Street com- missioner. Condemn waterworks plant. Acquire and maintain parks. CHARTER OF THE CITY OF MEMPHIS. but shall not regulate the price below one dollar and fifty cents per one thousand feet, when paid within the customary discount © days, with the right on the part of the said companies to add five per cent. thereto for non-payment within the discount days.’ (8>6.) 2 See. 3 have power to appoint Gas Inspectors, whose compensation shall The Legislative Council of said districts shall be fixed by the Fire and Police Commissioners, and paid out of the lighting fund. It shall be the duty of such inspectors to see that the gas so furnished is of the quality and illuminating power prescribed by the ordinance; that the gas meters furnished properly measure the gas passing through them, and generally to perform such services aS may be imposed upon him by ordi- nance. (Acts 1887, Ch. 91.) (§$ 7.) Sec. 4. The Legislative Council is vested with full power to levy taxes’ for the support of the city; to build, pur- chase or acquire control of a system of waterworks for the bene- fit of the city and its inhabitants, and to issue bonds for this purpose, and to establish regulations for the operation and man- agement of such waterworks system; to compel the owners and occupants of the houses in the city to take and use for sanitary purposes the water furnished by any general water system, whether such water system is owned or operated by the city, or by a private company; to levy a special sewer tax, and to pro- vide for the payment and collection thereof; to fix the compen- sation, term and bond of the Street Commissioner, and prescribe his duties; to condemn the plant, franchises and property of any waterworks company, and provide means for paying therefor; _to acquire, improve and maintain parks for the benefit of the public [and to issue bonds]* to execute mortgages upon park lands and other public property to secure park bonds, and to 1 See Senate Bill 455, Acts 1903. Also Act of March 11, 1887, Chapter 91. _ 2 Proviso of Act of 1879, Chapter 11, Section 2, “Necessary taxes for support of government to be imposed directly by General Assembly of the State,’’ ete., re- pealed. See Act April 1, 1898, Act of 1903 et al. 3 Chapter 175, Acts 1909. CHARTER OF THE CITY OF MEMPHIS. 45 establish sinking fund for the payment of said bonds; to levy oy Special im- a special improvement tax, and provide for the collection and ore use thereof; to erect statue in Forrest Park; to release taxes pone Park —Sstatue 1n. due for years prior to 1879. sa seed And the local government shall have power over all other affairs of the city in which the peace, safety or general welfare of the inhabitants is interested; [and the police power of said city shall extend to a distance of one mile from the corporate General po- : lice jurisdic- limits thereof, and all ordinances of said city of a general char- tion ee : ing one mile Fi ° beyond cor- acter, passed for the preservation of public peace, health and Braleclinite. safety, and all Sunday ordinances of said city shall have full force and effect for such distance of one mile beyond the corpo- rate limits, and the breaches of such ordinance within said dis- tance may be punished by arrest, fine and imprisonment, as if committed within the corporate limits].* (§ 8.) Sec. 5. The local government has the power and av: Regulate charges of thority to fix and regulate the scale of charges for the product public utility corporations. of service of all district telegraph companies, gas companies. electric light and power companies, street car companies, belt line companies and switching companies;* to buy land by sale or condemnation in order to erect levees, build and equip pump- mee Menis 5 4 _ phis levee, ing stations, dams, etc., from the overflow and backwaters of ehecial tax. the Mississippi River and Bayou Gayoso,’® and authorizing a spe- cial tax levy for this purpose;* to pass, for the government Of Right to pass ordinancs. the city, any ordinance not in conflict with the Constitution or laws of the United States or of the State of Tennessee;* to deter- mine in what cases and to what extent ordinances shall be eis dite of published;* to close street or alley for city purposes;’ to convey Ce mks alleys to county in the square bounded by Adams, Second, Wash- #7oun’ Court Act of March, 1887, Chapter 59, Section 3. Senate Bill 455, Acts 1903. Chapter 556, Acts 1903. Chapter 557, Acts 1903. Act of 1905, Chapter 54, Section 21. 6 Senate Bill 455, Acts 1903. 7 Chapter 54, Acts 1905, Section 21. See Amendment Chapter 164, Acts 1905. Oe We 46 CHARTER OF THE CITY OF MEMPHIS. Refunding ington and Third streets;* to issue refunding bonds;? to im- bonds to im- : prove streets. Front foot assessment. prove streets under what is commonly called the front foot as- sessment plan;*® to issue $1,000,000 of bonds for the purpose of Street improve-improving the streets, alleys and highways of the city of Mem- ment bonds. phis, and for building sewers in said city;* to issue $260,000 bonds police station for the purpose of erecting a police station and engine-house;’° ONS. ; to order the owner or owners of property, wherever it is neces- Lieiie sary to. have drains, ditches, or culverts opened or constructed through pri- vate property. through private property, to carry surface water according to the natural flow thereof, to construct proper ditches, or to lay drain pipes or culverts for the purposes aforesaid;® to levy a tax for the purpose of establishing a hospital for the treatment Communicable Of communicable diseases;‘ to issue $500,000 school bonds, in Disease Hospital. addition to bonds heretofore issued for the purpose of providing ways and means for the construction of school buildings and grounds and for improvements and repairs to school property.* ARTICLE 4. GOVERNING AGENCIES. (§$ 9.) Section 1. In administering the affairs, and for pro- viding the means of local government in said districts, the fol- lowing agencies and governing instrumentalities are hereby es- tablished: (a) by First—A Board of Fire and Police Commissioners, consisting Board of Fire and reuse. of the Mayor, the Vice-Mayor and three’ other Commissioners, to ers. be elected and qualified in manner hereinafter provided. (a) pene Second—A committee on ordinances or local laws, to be known Legislative Gaon as the “Legislative Council of the City,” and which shall consist Chapter 311, Acts 1907. Chapter 246, Acts 1907. Chapter 341, Acts of 1907, and Amendment Senate Bill 282, Acts 1909. Chapter 587, Acts of 1909. Chapter 356, Acts of 1909. Chapter 480, Acts of 1909. Chapter 374, Acts of 1909. Chapter 238, Acts of 1909. Amendment (increasing Board to five members) passed February 3, 1905, Chapter 54. a Chapter 298, Acts 1909, provides for five Commissioners to exercise all the powers imposed upon the Fire and Police Commissioners and Board of Public Works. See Section 3. OMIA WNH CHARTER OF THE CITY OF MEMPHIS. 47 of the Commissioners of the Fire and Police Board and the Su- pervisors of the Board of Public Works. (a) Third—A Board of Health, to consist of the Chief of Police, Board of Health. a health officer and one physician, who shall be ex-officio Presi- dent of the Board. Fourth—A Board of Public Works, to consist of ten’ Super- posrq of Pub- ’ ; lic Works. visors of Public Works.’ (a) ARTICLE 5. LEGISLATIVE DEPARTMENT. OFFICERS, ELECTION, QUALIFICATION, BONDS, OFFICIAL TERMS, REMOVAL, VACANCIES, POWERS, DUTIES, ETC. (§ 10.) Section 1. The Legislative Department of the City of Memphis shall consist of two separate and distinct Boards (the Board of Fire and Police Commissioners consisting of five members, and the Board of Public Works consisting of ten mem- bers) of equal law-making power, which shall sit separately, known as and called the Legislative Council, as herein provided.’ ie No person shall be eligible to a seat in either Board of the Leg- islative Council who has not resided five years in the City of Memphis, next preceding his election, or who is not a citizen of the United States, or who holds any office or agency under the City of Memphis, County of Shelby, or State of Tennessee, and shall be a freeholder and not in arrears for taxes. (Ch. 54, Acts 1905, Sec. 16.) (§ 11.) Sec. 2. Be it further enacted, That the next regular Election. election by the people to fill municipal offices shall take place a Chapter 298, Acts 1909, provides for five Commissione!s to exercise all the powers imposed upon the hire and Police Commissioners and Board of Public Works. See Section 3. 1 Amendment (increasing Board to ten members) passed, Chapter 54, Acts 1905. 2 Chapter 298, Acts 1909 (take effect January 1, 1910) provides for ‘‘Board of Commissioners,’’ to consist of five members, one of whom shall be the Mayor, who are delegated all the powers vested in the Legislative Council. See Sections 1 to 3. CHARTER OF THE CITY OF MEMPHIS. Voters— qualifica- tions of. Proof of pay- ment of poll tax, or other tax, or other requirement of law—how shown. on the first Thursday after the first Monday in November, 1905, and biannually thereafter at the corresponding time for the same purpose. At the next regular municipal election, on the first Thursday after the first Monday in November, 1905, as herein- after provided, a Mayor and three members of the Fire and Police Commissioners, and six members of the Board of Public Works shall be elected, for a term of four years, and until their successors have been elected and qualified by the qualified voters of the city, and such newly elected officials shall be sworn into office on the first Monday following the first Thursday after their election,? and one Fire and Police Commissioner and four mem- bers of the Board of Public Works shall be elected on the first Thursday after the first Monday in November, 1907, to serve terms of four years each. Their successors shall likewise he elected to serve terms of four years each. (Ch. 11, Acts 1879, and Ch. 95, Acts 1893, as amended by Secs. 6 and 64, Ch. 54, Acts 1905.) (§: 12.) °See.*3) Sin“allmuni¢ermpat elections held in said city the voters thereat must have all the qualifications necessary to entitle them, respectively, to vote for members of the General Assembly of the State of Tennessee; and, in addition thereto, must have resided for six months next preceding the date of such election in said city. All general provisions of law now in force, or hereafter to be enacted, touching the manner in which the fact of payment of poll tax, as provided, shall be evidence to the judges and officers holding said elections, imposing penalties for the violation of the laws, requiring the payment of poll tax as a prerequisite to the right to vote, and in other respects regulating the subject 2 Section 2 of Chapter 298, Acts 1909 (hereinafter set out) creates Board of Fire Commissioners. The first Board to consist of four members of present Council, whose terms expire in November, 1911 (extended December 31, 1911) and a Mayor to be elected on the first Thursday after the first Monday, for same period. There- after all members to be elected for a term of four vears. - CHARTER OF THE CITY OF MEMPHIS. 49 aforesaid so far as applicable and appropriate, shall be applicable to all municipal elections held in said city.’ (§ 13.) See. 4. No person shall be elected or appointed a Qualifica 2 tions of mem- member of the Board of Fire and Police Commissioners, or mbes Pe nee of lre W o11ce Commission- ers and : Board of a resident voter and taxpayer of the city for not less than five Public Works. years preceding his election, or appointment, or unless he shall! member of the Board of Public Works, unless he shall have been have resided during the five years preceding his election or ap- pointment in territory that has been annexed to, and at the time of such election or appointment, forms a part of, the city, but it shall not be necessary for the territory in which such person resides to have been annexed for five years. Nothing herein contained shall render any person ineligible to the office of Fire and Police Commissioner of the city who has resided for five years preceding his election or appointment in any territory that has at any time been annexed to the city, whether such annexa- tion has been repealed or is held invalid or in force, and who possesses all the other qualifications required by law; it being intended that any person otherwise qualified may be elected Fire and Police Commissioner who has resided for five years preceding his election or appointment in the city, or in territory that is, or at any time has been, annexed thereto. (Sec. 5, Ch. 11, Acts 1879, as amended by Ch. 74, Acts 1893, and Ch. 54, Acts 1905.) (§ 14.) Sec. 5. It shall be a felony for any member of the Felony for 4 é ; . , ; : member of Legislative Council to become interested, directly or indirectly, Council to become inter- nearly or remotely, in any contract of any kind made_in behalf ested in con- of the city, and upon conviction, the guilty party shall suffer Wale of ity imprisonment in the State penitentiary, at hard labor, for not less than five nor more than ten years, and shall be forever ren- dered infamous and ineligible to any office of honor or profit in this State. (Sec. 7, Ch. 11, Acts 1879, as amended. See Ch. 95, Acts 1903.) 1 Section 3 passed March 17, 1897. 50 CHARTER OF THE CITY OF MEMPHIS. Who eligi- ble to member- ship. Seat vacated —when. Each Board judge of _ election and qual- ification of members. (§ 15.) Sec. 6. No person can become a member of either Board of the Legislative Council who is interested, directly or indirectly, nearly or remotely, in any contract with the City of Memphis, or who holds an office of trust or salary in any cor- poration which holds any contract with the city, the terms, rates or prices whereof are subject to modification or enforcement by said Legislative Council; and no collector or keeper of any money for the city shall be eligible to a seat in either Board until he has settled with the city and obtained a discharge in full. Nor shall any meniber of the Legislative Council take any interest whatever, in any form, manner or shape, whether directly or in- directly, in any contract with the City of Memphis, or be the beneficiary of any contract, either in labor or work, or for goods or supplies of any kind furnished. If, after election, any member of said Council shall remove outside of the city, or become 2 candidate for or accept any office or agency, the holding of which would render him ineligible, or should become interested, directly or indirectly, in any contract with said city, his seat shall thereby be vacated, and the vacancy shall be supplied as hereinafter di- rected, and such contract shall be null and void. Should any member of the Legislative Council be a stockholder in any corporation, he shall not vote on any question, directly or indi- rectly, affecting any contract with the corporation in which he is a stockholder.t. (Ch. 54, Acts 1905, Sec. 17.) (§ 16.) Sec. 7. Each Board shall be the judge of the quali- fications, election and returns of its members, and shall prescribe rules for the determination of contested elections. Each Board may determine the rules for its procedure, and many prescribe the punishment of its members for non-attendance or disorderly conduct, and shall have power to enforce the same; two-thirds of its members concurring may expel a member for improper 1 The qualifications of the Board of Commissioners are the same as now required by law; provided, no person shall be ineligible to the office of Mayor because of having heretofore held said office. CHARTER OF THE CITY OF MEMPHIS. conduct while in office. It shall require a majority of the mem- bers of each Board to form a quorum for the transaction of busi- ness, but a smaller number may adjourn from day to nay, and can adopt such measures as are necessary to compel the attendance of absent members. (Ch. 54, Acts 1905, Sec. 18.) (§ 17.) Sec. 8. Each of the said Boards composing the Leg: Qualification islative Council shall meet on the first Thursday after the first Monday following their election and be qualified, and enter upon the discharge of their duties. The Chairman of the Board of Fublic Works shall serve for a term of one year, and shall receive no compensation as such Chairman except his salary as a member of the Board. He shall be entitled to a vote on all questions coming before the Board, and in his absence a pro tem. Chairman for that meeting shall be chosen from the members thereof present. All vacancies in either Board shall be filled by the Board for the vacancies in unexpired term, but no action in such matters shall be taken except at a regular meeting.t (Ch. 54, Acts 1905, Sec. 19.) (§ 18.) Sec. 9. The time of the meeting for said two Boards shall be on the first Thursday after the first Monday of each month, at such place and hour as may be designated by ordi- nance. Whenever such places of meeting shall be fixed and adopted by said Boards they shall not be changed except by an ordinance passed by the two-thirds vote of each Board at a regu- lar meeting. Special meetings of the Legislative Council may be held at any time upon the call of the Mayor, or the call, regularly signed, by the majority of the members of each Board. Members of the Legislative Council shall be exempt from jury or military service.2 (Ch. 54, Acts 1905, Sec. 20.) 1 Board of Public Works abolished by Act of 1909, Section 4, Chapter 298. 2 Regular meetings of Board of Commissioners every Tuesday at 2:30 o’clock p. m., and such special meetings as may be called. See Section 19, Acts 1909, Chapter 298. of members. 51 Council—how filled. Regular meeting. 52 CHARTER OF THE CITY OF MEMPHIS. Powers of Council. Fines, ete. (§ 19.) Sec. 10. The Legislative Council shall have power to pass, for the government of the city, any ordinance not in con- flict with the Constitution or laws of the United States or of the State of Tennessee; Provided, however, that no ordinance shall be valid unless it shall have been read in full and passed on two’* separate readings before each Board on different days, by a vote of a majority of the members thereof, after an oppor- tunity for free discussion thereof No ordinance shall be valid if passed on final reading by both Boards on the same day, or > if it shall embrace more than one subject, that subject to be expressed in its title. All ordinances shall be published as now required by law. But the Legislative Council shall have no power to close a street or alley except for city purposes. [Provided, however, that when a railroad terminal corporation shall have been formed for the purpose of erecting and operating in the City of Memphis, an Union Passenger Station for the use of railroads entering said city, and shall, in good faith, undertake the erection of such a station, then the Legislative Council shall have power to close and convey to said terminal corporation such streets and alleys as it may be necessary to close in order to provide a site for said station, and the sheds, tracks, yards, round-houses, machine shops, switches, crossovers, turnouts, and other terminal facili- ties, appurtenances and accommodations suitable in size and location to the prompt and efficient receiving and transferring of passengers and baggage of the railroads using said station; and, provided further, that Se of property abutting on streets and alleys which are closed for the purpose aforesaid shall receive just compensation for any damages to their prop- erty caused by the closing of said streets and alleys. ]* (§ 20.) Sec. 11. The Legislative Council shall have the power by ordinance to impose fines not exceeding fifty dollars for the 38 Under the commission form of government ordinances must be passed at three regular meetings; must be published day preceding each meeting and for one week after final passage. See Section 44, also Section 40, Chapter 298, Acts 1909. 1 The paragraph in brackets amendment passed April 3, 1905, Chapter 164, Acts 1905. Balance of section Acts of 1905, Chapter 54. CHARTER OF THE CITY OF MEMPHIS. violation of any ordinance. All ordinances now in force and not in conflict with this act are continued in force, but the Leg- islative Council shall have power to amend or repeal any of them by ordinance. (Ch. 54, Acts 1905, Sec. 22.) (§ 21.) Sec. 12. The members of the Legislative Council shall receive as compensation' for their services the sum of ten dollars for each regular, special or call meeting they attend, upon certificates of attendance signed by the Register, and they shall fix the manner of transacting and conducting the business of one Board with another, and the manner of transmitting mat- ters of business from one Board to another, and to the Mayor and other city officers. One Board shall not adjourn for a longer time than twenty-four hours without the consent of the other after they meet in regular session, and both Boards shall have their meeting at the same time. (Ch. 54, Acts 1905, Sec. 22.) (§ 22.) Sec. 13. When any ordinance or joint resolution shal} have passed its second reading in either Board, it shall be trans- mitted by the Register to the other Board in open session, with the official indorsement of the fact of such passage by the Chair man of the Board in which it originated. If said other Board shall pass such resolution or ordinance without amendment on two readings, the Chairman thereof shall immediately sign it and cause it to be returned to the Board in which it originated, whereupon, being returned in open session, it shall immediately be signed by the Chairman thereof. It shall thereupon be de- livered to the Register, whose duty is to copy it, together with the signatures of ‘the Chairman of both Boards, in a book to be kept for that purpose, and then, after it shall have been compared and found correct by the Committee on Enrolled Bills of both Boards, to transmit it to the Mayor, noting on it the day of delivery to the Mayor. But if, after passing one Board, such 1 Compensation of Commissioners under the commission form of government: Mayor $6,000 and other members $3,000 per annum, payable monthly. See Section 7, Chapter 298, Acts 1909. Compensa- tion of Council. Passage of ordinances. of 54 Disburse- ments— how made. { , ; CHARTER OF THE CITY OF MEMPHIS. resolution or ordinance shall be amended and then passed in the other, the ordinance or resolution so amended and passed shall be transmitted to the Register, with the official indorse- ment of the Chairman of said Board of the fact of such amend- ment, to the Board in which it originated for concurrence. If said latter Board shall concur in the amendment, resolution or ordinance, it shall be signed, copied and transmitted to the Mayor, as above provided. If, however, said Board shall refuse to concur in the amendments, or any of them, the Chairman ot each Board shall immediately appoint a Conference Committee, and when such committee shall make a report, and the same shall be adopted by both Boards, the Register shall make 4a copy of the resolutions or ordinances as amended or adopted, and the same, after having been’ compared and found correct by the Committee on Enrolled Bills of each Board, shall be signed, copied and transmitted to the Mayor, as above provided. The signing of all ordinances and resolutions by the Chairman of either Board shall be done in open session, and the fact noted on the minutes. When a resolution or ordinance shall have been approved or disapproved, it shall be announced in open session of the Board in which the measure originated and noted on the minutes. The fact and date of such approval or disapproval shall also be entered by the Register in the hook in which such reso- lution or ordinance shall have been recorded, as hereinbefore provided. The resolution or ordinance, signed by the Chairman of the Board of Public Works and the Mayor, and countersigned by the Register and Mayor, shall be kept by the Register as a part of the record of his office.t (Ch. 54, Acts 1905, Sec. 24.) (§ 23.) Sec. 14. The Legislative Council shall elect all city officers whose election is not otherwise herein provided for.2 (Ch. 54, Acts 1905, Sec. 26.) 1 For passage of ordinances under commission form of government see Chapter 298, Acts 1909, Sections 40 and 44. 2 Election of officers under commission government, their term, salary, ete. See Chapter 298, Acts 1909, Section 9 CHARTER OF THE CITY OF MEMPHIS. (§ 24.) Sec. 15. The Legislative Council shall have no power through any committees or otherwise to superintend, control or direct the expenditure of funds appropriated by it for any pur- pose whatever, or to approve warrants for the paying out of the same. Whenever an appropriation shall be made for any pur- pose not coming strictly under the control of any particular office or board in the Executive Department of the government, the ordinance making the appropriation shall direct under whose control it shall be expended; Provided, that in every case such expenditure shall be made under the direction of the Mayor, or the Fire and Police Commission, or as the Legislative Council shall deem best. But no contract amounting to over $500.00 shall be awarded or let until after proper advertisement. (a) (Ch. 54, Acts 1905, Sec. 26.) (§ 25.) Sec. 16. In fixing the annual tax rate the ordinance Tax rates— purposes shall designate what proportion of the total rate is levied for the re Police Department, for the Fire Department, for streets, for sewers, for school purposes, for lights, for official salaries, for judgments and costs, for interest and sinking ‘fund, for claims, for health and hospitals, for rent, for water for public buildings, for the Park Commission, for general and miscellaneous purposes, and for any other specific purpose for which a tax may be lawfully levied for the ensuing year. And the annual appro- priation ordinance shall apportion the tax to be derived there- from accordingly. It shall not be obligatory upon the Legisla- tive Council to make a levy and appropriation for all the pur- poses above enumerated, but only for such thereof as may be necessary, in its judgment. It shall not be lawful to use any funds appropriated to one purpose for any other, unless the same shall have been previously directed by ordinance. In making appropriations for the various departments, the Legislative Council shall not be bound by the estimate submitted a For disbursements under commission government see Chapter 298, Acts 1909, Sections 37, 38 and 39. 56 CHARTER OF THE CITY OF MEMPHIS. Franchises. Franchises. by the officer or Board in charge of such department, but shall appropriate only so much as they shall deem necessary. (b) It shall not be lawful to expend in any year a greater amount in any department than shall have been appropriated for that department. (c) (Ch. 54, Acts 1905, Sec. 27.) (§ 26.) See. 17. The Legislative Council shall have charge and control of the giving, granting and selling of all franchises, special privileges to individuals, firms or corporations, and no such franchise or privilege shall be bestowed or sold except by a two-thirds vote of the members of each Board of the Legis- lative Council, nor for any period of time exceeding thirty years, and the approval of the Mayor. (d) [Provided, however, that nothing in this section, limiting the time for which a franchise may be granted, shall apply to any franchise which may be granted to a railroad terminal corpora- tion organized for the ‘purpose of constructing and operating an union passenger station within said city.]* (Ch. 54, Acts 1905, Sec. 28.) (§$ 27.) Sec. 18. No franchise shall be granted or sold to any commercial railroad, street railroad, gas company, electric light company, water company, or other quasi-public corpora- tion, except by ordinance fully guarding and protecting the rights of the public. Nor shall such ordinance become effective until it is’ first submitted to and approved by a majority of the citizens voting either at some general or special election upon the question; Provided such submission be demanded by petition of at least five hundred freeholders of the city and presented to the Legislative Council before the passage of said ordinance, or within thirty days thereafter; provided further, that no such b For tax rate and budget under commission government see Chapter 298, Acts 1909, Sections 45, 46 and 47. c Repealed. See Chapter 298, Section 45, Acts of April 24, 1909. d Granting of franchises. See Acts 1909, Section 40, Chapter 298. 2 Paragraph in brackets passed April 3, 1905, Chapter 164, Acts of 1905. CHARTER OF THE CITY OF MEMPHIS. 57 ordinance shall become effective until thirty days after it has passed both Boards and been signed by the Mayor; and, pro- vided further, that no second election for the same purpose shall be held within twelve months from the first election; and, pro- vided further, that no such contract shall be made by ordinance or become effective until signed by a majority of the members of each Board. [Provided, however, that it shall not be necessary to submit to a vote of the people any franchise granted to a railroad termi- nal corporation organized for the purpose of erecting and operat- ing within the City of Memphis an union passenger station, and that so much of said Section 29 as is contained in the second sentence thereof, beginning “‘Nor shall such ordinance become effective,” etc., and running through to the end of the section, “shall not apply to any franchise granted. to a railroad termina] corporation organized for the purpose aforesiad.”’]* (Ch. 54, Acts 1905, Sec. 29.) (Respecting the powers and duties of the Council in the matter of advertising for, opening bids, and awarding contracts, see post Article 6, “Fire and Police Commissioners” and under the sub-head ‘‘Contracts.’’) (§ 28.) Sec. 19. The Legislative Council shall elect by a majority vote once each year, at such times as they may deem best, not more than three persons, who are competent, reliable, expert bookkeepers, apt accountants, or some bonded credit com- pany, who shall make a full examination, without notice, of all the books, accounts and financial dealings and affairs of any and all the officers of the city government and Board thereof, and also of the money, securities and property belonging to the city, or in possession or charge of any officer of the Board. (a) (Ch. 54, Acts 1905, Sec. 30.) 1 Paragraph in brackets amendment of April 3, 1905, Chapter 164. a Under commission government Chapter 298, Acts 1909, Section 14, provides for Department of Accounts, Finance, Revenue, etc, Contracts. Examination of accounts of departments. CHARTER OF THE CITY OF MEMPHIS. — Officers not to contract or purchase ma- terial from relatives. Power to re- move mem- bers and causes of re- moval. Appropria- tion of delin- quent taxes. (§ 29.) Sec. 20. No officer, agent or employe of the city government shall pass upon, supervise or control any work for. the city, or purchase or contract for any kind of material for the city, with a person or persons who are related by blood or marriage within the sixth degree, as computed by common law. (Ch. 54, Acts 1905, Sec. 31.) (§ 30.) Sec. 21. The Legislative Council shal have power to remove either of said Commissioners, or either member of the Board of Public Works, for malfeasance or misfeasance in office, or habitual drunkenness, or grossly immoral conduct. In case of permanent physical or mental incapacity to serve, or removal from the city without the consent of the Legislative Council, the said Legislative Council shall declare said office vacant. (a) [Two-thirds of all the members concurring may expel a member for improper conduct while in office.]* (§ 31.) Sec. 22. The Legislative Council is authorized to appropriate all delinquent taxes (except school, interest and sinking fund taxes), against which no demands are outstanding, and the purposes of which have been fulfilled and satisfied, to any proper corporate purposes; said Legislative Council may, at the end of each calendar year thereafter, declare all such delin- quent taxes, with the exception aforesaid, a surplus fund, and direct that the same, as collected, be carried in bulk into the sur- plus account, subject to appropriation by said Legislative Coun- cil, to pay any proper claim against the municipality, or for any other municipal purpose. (§ 32.) Sec. 23. Whenever the improvements on real: prop- erty, or whenever personal property in the City of Memphis shall a Under Senate Bill 63, Section 1, Acts 1909 (known as the Recall Bill), the holder of any elective office’ may be removed by vote of majority of qualified electors, etc. (Act set out in full hereinafter.) 1 In brackets, Chapter 54, Acts 1905; balance Chapter 11, Acts 1879, as amended by, Chapter 163, Acts of 1889. 2 Amendment Chapter 224, Acts 1897. CHARTER OF THE CITY OF MEMPHIS. 59 be assessed for taxes, avd shall after such assessment, and be- fore the 15th of January of the next succeeding year, be de- stroyed wholly or partially by fire, or otherwise, the Legislative Council of said city shall have power to reduce the assessment to the actual value of the property on said 15th day of January, the whole value of the property to be taken as conclusively de- termined by the last preceding assessment, and the reduction to be of such proportion thereof as may have been destroyed by the fire, or otherwise. All laws and parts of laws, and especially Section 3, Chapter 84, of the Acts of 1879, insofar as the same conflict herewith, be and the same are hereby repealed.’ (§ 33.) Sec. 24. The Legislative Council of the City of Mem- phis is hereby authorized and empowered to cause an accurate census of said city to be taken by a competent and reliable party, with such assistance as may, in the judgment of the said Coun- cil, be required, who shall first take and subscribe to an oath to faithfully and honestly discharge the duties to which they may be assigned under this act. The form of said oath and de- tailed regulations for taking said census to be prescribed by ordinance of said city. That after the census returns shall be received, examined and approved by the Legislative Council, it shall be the duty of the Secretary of said Council to send to the Secretary of State a certificate under the official seal of said city, showing the number of inhabitants of the said city of Mem- phis, made under authority of this act. That the expense of taking such census be paid by the City of Memphis, and when the same shali be certified as aforesaid, to the Secretary of State, it shall be recognized as the official State census of said city until a new census of said city shall be taken by or under the authority of the State government. (§ 34.) Sec. 25. The Legislative Council of such Taxing District is hereby vested with power and authority to fix and 1 Amendment Chapter 274, Acts 1897. Reduction of assessment when im- provements destroyed be- fore Jan. 15. Census. 60 Regulate charges of telegraph, gas, electric light and power. street car, Belt Line, switching charges, etc. Publication of ordinances. City Engi- neer. Lands on river front. Fire and Po- lice Commis- sioners, qualifi cations, and term of office. CHARTER OF THE CITY OF MEMPHIS. regulate from time to time, within reasonable limits, the scale of charges for the product or service of all district telegraph companies, gas companies, electric light and power companies, street car companies, belt line companies, switching companies, now or hereafter aici or operating any rights or privileges to use or occupy any of the streets, alleys or public grounds within the territory of such Taxing Districts. (Senate Bill 455, Acts 1903.) (§ 35.) Sec. 26. That the Legislative Council of such Taxing District be, and the same is hereby, empowered and authorized to determine in what cases, and to what extent, any of the ordi-: nances passed by said Council shall be published, provided that all of said ordinances are published at least once, soon after the passage of the same. (a) (Senate Bill 455, Acts 1903. ) (§ 36.) See. 27. The Legislative Council shall elect a City Engineer at a salary not in excess of $3,600 a year, which shall be paid in monthly installments by the city. ~ (Ch. 54, “Acts 1905:)* (§ 37.) Sec. 28. The Legislative Council shall have no right or power to grant, lease or sell any lands on the river front between the low water line and a line extending along the east line of Front street on the east from the northern limits of the city on the north to the southern limits of the city on the south.. (Ch. 54, Acts 1905.) ARTICLE 6. FIRE AND POLICE COMMISSIONERS. (§ 38.) Section 1. The Board of Fire and Police Commission- ers shall consist of five? Commissioners, who shall be at least thirty years of age, residents of the county at least five years before their appointment and election, and taxpayers of the city. a Under commission government ordinances must be published the day preced- ing: each passage, and daily for at least one week afterwards. See Section 44, Chap- ter 298, Acts 1909, hereinafter set out. 1 This section is an amendment to Chapter 103, Acts 1893. 2 Amendment, Chapter: 54, Acts 1905, Section 1. CHARTER OF THE CITY OF MEMPHIS. 61 They shall hold their office for a term of four years. The Mayor and Vice-Mayor to be Commissioners and members of said Board. [The Mayor shall be Chairman ez officio of the said Board. Ali the powers and duties now conferred by law upon the Mayor, Fire and Police Commissioners are hereby devolved upon the Fire and Police Commission, except as otherwise provided in this act, and, in addition, said Board shall exercise all the pow- ers and discharge all the duties conferred by this act.]* (Sec. 5 of Ch. 11, Acts 1879, as amended.) (§ 39) Sec. 2. Each of the Commissioners shall receive a Compensation. salary of $500* per annum. After the expiration of the term of the Board of Commissioners first elected, their successors shall be elected by the qualified voters of the city. Election of. All vacancies in the Board shall be filled by the Board for the Nacge tee 1OW ed. unexpired term, but no action in such matters shall be taken except at a regular meeting.* (Ch. 54, Acts 1905, Sec. 19.) Said Commissioners shall establish rules for their own gov- Meetings. ernment, and shall hold stated meetings for the transaction of business.’ (§ 40.) Sec. 3. Each member of said Board of Fire and Po- lice Commissioners shall give bond in the sum of twenty thou- Bond. sand dollars for the faithful discharge of his duty, and he sha!l not be, when appointed, or elected, in arrears for any taxes; Must not be each Commissioner, before entering upon his duty, shall take erties an oath that he is not under any direct, or indirect, obligation Oath. to appoint any person to office of policeman or.fireman, or other employes; that he will faithfully discharge the duties of the office.° 1 For other qualifications see Article 5 (Section 17), ante. 2 In brackets, Chapter 54, Acts 1905, Section 44. 3 Also receive $10 per meeting attended of Legislative Council. See Walsh vs. City of Memphis, memo. opinion April Term, 1908; also Article 6 (Section 21) ante. 4 For filling vacancies under commission government, see Section 18, Chapter 298, Acts 1909, hereinafter set out. 5 Section 5 of Chapter 11, Acts 1879, as amended by Chapter 95, Acts 1893, and Chapter 79, Acts 1891. : 62 Shall issue no evidence of indebted- ness. Tax levy of one year not liable for in- debtedness of previous year. Public prop- erty not sub- ject to execu- tion. Taxes not to be levied by compulsory legal process. Refunding of money wrongfully paid, how audited and out of what fund paid. CHARTER OF THE CITY OF MEMPHIS. (§ 41.) Sec. 4. Said Commissioners shall not issue any bonds, notes, scrip or other evidence of indebtedness, and shall in no event contract for work, or material or services, in excess of the amount of tax levied for such work, material, or service for that year; the parties contracting with said Commissioners for work, material, or services shall look alone to the tax for that year, or to the fund specifically contracted against, and no Subsequent tax shall be levied to meet the deficit; and no prop- erty, real or personal, held by said Commissioners for public use shall ever be subject to execution or attachment, or seiz- ure, under any legal process, for any debt created by said Com- missioners, and all taxes due, or moneys in the hands of the County Trustee, or on deposit, shall be exempt from seizure under attachment, execution, garnishment, or other legal pro- cess; nor shall said Commissioners or the County Trustee be liable to garnishment; and no writ of mandamus or other legal process shall lie to compel them to levy any taxes. (Ch. 11, Acts 1879, Sec. 12, as amended.) (§$ 42.) Sec. 5. The Fire and Police Commissioners, or a majority thereof, upon undoubted proof to be filed and estab- lished, may audit the claim, and, at their option, reimburse or pay any person or citizen who may have erroneously or wrongfully paid money into the City Treasury, from any cause whatever; and where money is or was due, but withheld owing to dispute, or to any uncertainty as to the justice of the demand or claim of same, they may return or pay it to the proper persons, the action of said Fire and Police Commissioners, or a majority thereof, in the premises, to be a final adjudication in the matter. The said reimbursements or payments shall be paid out of the current fund of the department which may have received the benefit of such payment or claim, or out of any unappropriated moneys that may be in the City Treasury: pro- CHARTER OF THE CITY OF MEMPHIS. 63 vided said application shall be made within two years after the right to make such claim shall exist. (Ch. 163, Acts 1889.) (§ 43.) Sec. 6. In addition to the other duties prescribed Paving, for the Police and Fire Commissioners, they shall exercise super- sanitary vision over the paving and repairs of the streets, the construc- tion of drains and sewers, and other sanitary works, bridges, wharves and lighting of the city [and for this purpose a compe- Engineer to tent civil engineer shall be employed by the Mayor, at a salary oy rr area not exceeding $4,000 per annum, and shall have the power to enter into all necessary contracts for all of said works, subject to the limitation and restriction herein set forth.]' (Sec. 6, Ch. 11, Acts 1879, as amended by Ch. 82, Acts 1891, and Ch. 54, Acts 1905.) (§ 44.) Sec. 7. Before any contract can be let or become effective when made by the Police and Fire Commissioners, it shall be submitted to and approved by a large majority of the votes of the members of such Board composing the Legislative Council, and the members so approving said contract shall sign their names thereto, and the same shall be copied and signed in the minutes of the proceedings of the Legislative Council. CONTRACTS. (§ 45.) Sec. 8. The Fire and Police Commissioners Sally rantracts. in every case, before entering into any contract for any purpose, advertise daily for one week or more, for such proposals for the How adver- work to be done, materials to be furnished, or service to be ee. performed, and shall open all the bids on the day named in pig, tg pe the advertisement, in the presence of a quorum of not less than five of the members of the Board of Public Works, and shall enter such bids with names of the bidders, in a book to be kept for that purpose, which book shall at all times be opened to the inspection of the taxpayers, and every bid shall remain at least 1 Engineer to be elected .by Legislative Council, rhe wtp not exceeding $3,600. See Chapter 54, Acts 1905, Section 34. 2 Section 50 Acts of 1905, Chapter 54, Section 32. opened—how. 54 CHARTER OF THE CITY OF MEMPHIS. ae be one week open for canvass and discussion after the opening, contracts— how made. No contract without as- sent of ma- jority of each Board. Must be in writing and recorded. Written esti- mate in all cases involv- ing expendi- ture of more than $300 be- fore adver- tising. before any contract shall be awarded upon it; and after that. time the award shall be made, if at all, to the lowest responsible -bidder, who shall, in all cases, be required to give ample bond and security for its performance, the bond and security to be approved by the Supervisors of the Public Works and Fire and Police Commissioners, who sign the contract. (Sec 7,' Ch. 11, Acts 1879.) ($< 46.) “Seo. 9. effective when made by the Police and Fire Commissioners, it Before any contract can be let or become: shall be submitted to and approved by a large majority of the votes of the members of such Board composing the Legislative Council, and the members so approving said contract shall sign their names thereto, and the same shall be copied and signed in the minutes of the proceedings of the Legislative Council.’ (3-479) not receive the assent of a majority of said Fire and Police Sec. 10. But no contract shall be made which does Commissioners, and a majority of the members of the Board of Public Works; and all contracts of every description shall be in writing, and shall be signed by the Commissioners assent- ing thereto, and approved in writing by all members of the said — Board assenting thereto, and shall be signed as well by the other contracting party, and shall be recorded in full in a well poaad book, open to the inspection of taxpayers at all times. C$ 94387) See. ik. in every case [involving an expenditure of over three hundred The Fire and Police Commissioners shall, dollars], before advertising for proposals, submit to the said Board a statement in writing, with estimate of cost of the said work to be done, material to be furnished, or service to be ren- dered; and, unless same receive the written sanction of at least 1 Chapter 54, Acts 1905, Section 32. 2 Section 7, Chapter 11, Acts 1879. CHARTER OF THE CITY OF MEMPHIS. 65 four members of the Board, it shall not be advertised nor un- dertaken—said written sanction to be indorsed on the statemenc and estimate made by said Commissioners, and to keep on file in their offices.’ (§ 49.) Sec. 12. The Fire and Police Commissioners may, rotee may by and with the consent of the Board of Public Works, specifically 282imst_ fund— contract against any fund which the Legislative Council has power to appropriate to the purposes of such contract.® (§ 50.) Sec. 13. The Fire and Police Commissioners shall Chiefs of Police and appoint a Chief of Police and Chief of*Fire Department, who dh shall hold their offices for the period of one year, and until their successors are elected and qualified, and each of whom shall be paid a salary not to exceed $2,400.00 per annum, to be fixed by the Legislative Council before appointment, and to be paid monthly by the city. (a) (Ch. 54, Acts 1905.) (§ 51.) Sec. 14. All subordinate officers and members of thé guporaginate Fire and Police Departments shall be selected by the Fire and civil service. Police Commissioners; but power is hereby vested in the Legis- lative Council, and it is made its duty to adopt a system of civil service (b) rules, by which such subordinate officers and mem- bers of said departments shall be selected and retained, in ac- cordance with said rules and regulations, which rules and regu- lations shall also be for the better government of said depart- ments, for the classification of their employes, for the introduc- tion and observance of the merit system in the selection, re- jection and promotion, prescribing rules of conduct and disci- pline for their greater efficiency. Any unlawful interference or exhibition of partisanship upon the part of the members of these departments in any kind of an election shall be positively 2 Section 7, Chapter 11, Acts 1879. Clause in brackets added by Chapter 96, Acts 1881, Section 4, and $300 substituted for $100 by Chapter 163, Acts 1889. 3 Chapter 163, Acts of 1889, Section 4. a For election of officers, salary, etc., under commission government, see Acts 1909, Sections 9 and 21, Chapter 298. b Chapter 298, Acts 1909, Section 26, provides for civil seryice commission and civil service rules, ete. 66 Classes of police and firemen. Salaries. CHARTER OF THE CITY OF MEMPHIS. forbidden under the penalty of dismissal, but they shall be per- mitted and encouraged personally to exercise the elective fran- chise as good citizens. (Ch. 54, Acts 1905.) (§ 52.) See. 15. Said Board or Commission shall, within sixty days after assuming the duties of their office, divide the police and firemen of the city into two classes, to be designated as first and second classes. The first class shall be composed of one-half of the members of said policemen and firemen, respec- tively, and shall be selected by the Fire and Police Commission from the whole number, giving preference to length of time of service, competency, integrity, and fitness for the service and .faithfulness to duty. The second class shall be composed of the remainder of said policemen and firemen, who shall also be chosen on account of their qualification and fitness for service. The first class shall be paid eighty-five ($85.00) dollars per month; the second class shall be paid seventy-five ($75.00) dollars per month; Provided, also, that if by resignation or otherwise, a va- cancy in the first class occurs, or more men are needed in that class, then such vacancy shall be filled by some one from the second class; Provided, also, that where new members of said departments are necessary, and have to be appointed, aael mem- bers shall be selected to serve first in the second class, as defined in this act. (Ch. 54, Acts 1905.) (§ 53.) Sec. 16. The Chief of Police shall have exclusive di- rection and control of the police force, subject to the rules, regu- lations and orders of the Board of Fire and Police Commis: sion. (a) In times of peril from riot, extensive conflagration, disorder or the apprehension thereof, the Chief of Police shall be subordinate to the Mayor and obey his directions. (Ch. 54, Acts 1905.) a Under commission government ‘‘The Commissioner of Fire and Police’’ has control of department. CHARTER OF THE CITY OF MEMPHIS. 67 (§ 54.) Sec. 17. A Digest of the local laws shall be prepared, at least once in five years, and oftener, if deemed necessary, by the Board of Fire and Police Commissioners, which may be read as evidence in the Courts of the State, without further proof of the laws contained in such Digest.* ARTICLE 7. BOARD OF PUBLIC WORKS. (a) (§ 55.) Section 1. There shall be elected ten’ discreet per- sons, who shall be Supervisors of Public Works, and consti- tute a Board of Public Works; the members of said Board shall be residents of said city for not less than five years im- mediately preceding their election, and not less than twenty- five years old, and chosen for their well known integrity and capacity for the duty required of them, and shall not be in arrears for taxes. [The election shall be held by the Sheriff of the county, as other popular elections are held.]| The members of said Board, before entering upon the discharge of their duties. shall severally take an oath before the Clerk of the County Court that they will faithfully and impartially discharge the duties of their office, and that they will not become interested, directly or indirectly, nearly or remotely, for themselves or for others, in any contract for work, materials or supplies, or service or purchase, made by the Fire and Police Commissioners. ($ 56.) Sec. 2. [Immediately after qualifying, said Board shall elect a chairman from among its members, who shall pre- side at all meetings of this Board. If not elected within ten days, the Mayor shall appoint said chairman. In the absence of the chairman a pro tem. chairman may be elected. ]* (§ 57.) Sec. 3. The said Board shall hold stated meetings for the transaction of business. 1 Act of March 238, 1889, Chapter 163. a Board of Public Works repealed and duties imposed upon ‘‘Board of Commis- sioners.’’ See Acts 1909, Chapter 298. 2 By amendment, Chapter 54, Acts of 1905, the Board of Public Works is in- creased from ‘‘eight’’ to ‘‘ten’’ members. ‘ 3 Chapter 54, Acts 1905, Section 5. City digest to b e pre- pared every five years. Number and qualification. How elected. Oath. Chairman. Meetings. 68 CHARTER OF THE CITY OF MEMPHIS. Compensa- tion. Record of Board of Pub- lic Works. Mayor, elec- tion and duties. Each member of the Board of Public Works shall receive as compensation the sum of ten dollars for each and every meeting of the Legislative Council, which shall be attended by, and offi- ciated in, by such member.* (§ 58.) Sec. 4. Such Board of Public Works shall have power to prescribe rules not inconsistent with any statute or ordinance, regulating their own proceedings and the conduct of its mem- bers. It shall cause to be kept a full, true and correct record of its proceedings, and the same shall at all times be subject to inspection by any citizen or taxpayer. The Legislative Council anal, at the expense of the city, designate and provide a place for the meeting of this Board for the transaction of its business. The City Register shall be the clerk of both Boards. (Ch. 54, Acts 1905.) , [The Board of Public Works, under Ch. 54, of the Acts of 1905, | is a part and parcel of the Legislative Council, and for the full scope of its powers, duties, etc., reference is made to Article 5 herein, entitled “Legislative Department,” etc. ] ARTICLE 8. MAYOR. ELECTION, QUALIFICATION, DUTIES, ETC. (§ 59.) Section 1. The chief executive officer of the City ot Memphis shall be styled the Mayor, and shall be elected for four years and until his successor has been elected and qualified by the qualified voters of said city, at the time and place for the general election of the Legislative Council. At the next regular municipal election, on the first Thursday after the first Monday in November, 1905, as hereinafter provided, a Mayor and three members of the Fire and Police Commissioners, and six mem- bers of the Board of Public Works shall be elected, and such 4 Sections 1 to 3, Acts of 1879, Chapter 11, Section 7, as amended by subse- quent acts. CHARTER OF THE CITY OF MEMPHIS. ‘69 newly elected officials shall be sworn into office on the first Mon- day following the first Thursday after their election; but the present officials shall serve out their terms, and their successors shall be sworn in at the expiration of such terms. No person shall be eligible for the office of Mayor who is not at least thirty years of age, of good moral character, and who has been a bona fide resident of the City of Memphis for five years (next) pre- ceding his election, and not in arrears for taxes, or who, at the time of his election and qualification, holds any other office, or who is directly or indirectly interested’ in any contract with the city. In the event the Mayor, after his election, shall become inter- Ole: quai: ested in any contract with the city, or accept any office or ee agency of the United States, or of the State of Tennessee, or of the County of Shelby, or of quasi-public corporation, his office shall be thereby vacated. The salary of the Mayor shall be fixed by the Legislative Council before his election, and shall not be changed during his term, and shall not be less than three nor more than five thousand dollars per annum, to be paid in month- Salary—r ly installments. All persons elected to the office of Mayor here- 2°W 4*°¢: ' after shall be elected for a term of only four years, and shall be ineligible for a second term in immediate succession, but the present Mayor shall continue to hold his office until his present term expires. In case of vacancy in the office of Mayor, by Vacancy, death, resignation, or otherwise, such vacancy shall be filled Ray by a new election, and the Legislative Council shall order such election within twenty days after the vacancy shall have oc curred, provided more than twelve months of the term of office shall then remain unexpired; and the Vice-Mayor shall act as Mayor until one can be elected and qualified as above provided. (§ 60.) Sec. 2. The Mayor shall, from time to time, give Raat to the Legislative Council information in writing of the state ee ne of the corporation, and such other information as the said Coun- cil may need, and may recommend to the Council such measures 1 Chapter 54, Acts 1905. 70 CHARTER OF THE CITY OF MEMPHIS. General super- vision of a officers, To approve or veto ordinances. Appoint- ments pro tem. by Mayor. Mayor to make financial statement. as he may deem expedient. He shall have general supervision of all the officers of the city, and see that the ordinances and provisions of this charter are observed.’ (§ 61.) Sec. 3. Every law or ordinance passed by the Legis- lative Council shall be approved by the Mayor before it shal! take effect. If he disapproves of it, he shall return it to the Board in which it originated at its next regular meeting after its passage, with his objections in writing, and no law or ordi- nance vetoed by the Mayor shall go into effect unless the same be again passed in both Boards by a vote of a majority of the members-elect of each Board; Provided, however, that if the Mayor fail to return any law or ordinance, as aforesaid, he shall be deemed to have approved the same, and it shall become a law without any further action of the Board in which it originated, and every law, ordinance, resolution or vote, except on a question of adjournment, shall require the approval of the Mayor before it shall have effect, except as above provided. (§ 62.) Sec. 4. The Mayor is hereby empowered to make pro tempore appointments to supply the places of city officers, in case of sickness, death, resignation, absence or other disabili- ties. He shall also have power to suspend any city officer for misconduct or dereliction in office, reporting such action, with his reason therefor, in writing, to the next regular meeting of the Legislative Council, and he shall also have the power to ad: — minister oaths. (§ 63.) Sec. 5. The Mayor is hereby empowered to call spe- cial session of the Legislative Council, by proclamation or other- wise, and in so calling he shall state to the members the object for which it shall have been convened. He shall at least once in every three months cause to be laid before the Legislative Council a statement of the financial condition of the city, which statement shall be published among the proceedings of the Leg- 1 Chapter 54, Acts 1905. CHARTER OF THE CITY OF MEMPHIS. 71 islative Council, or as the Legislative Council .may by reso- lution direct.’ (§$ 64.) Sec. 6. The Mayor shall, before he enters upon the hg discharge of his duties, take an oath of affirmation that he will ~ support the Constitution of the United States and of the State of Tennessee, and the charter and ordinances of the City of Memphis, and faithfully carry out and enforce the same, and faithfully demean himself in office.* (§ 65.) Sec. 7. In case of temporary absence of the Mayor, Vice Mayor. or in sickness, the Vice- ‘Mayor shall discharge his duties; and in the absence of the Mayor and Vice-Mayor the duties of the Mayor shall devolve upon the Chairman of the Board of Public Works. (§ 66.) Sec. 8. The Mayor may be removed from office for pemaenlrr misdemeanor therein by a vote of two-thirds of the members- elect of both Boards of the Legislative Council sitting in joint session, at which the Vice-Mayor shall preside. Before his re- moval from office the charges against him shall be preferred against him by any three members of the Legislative Council, and reduced to writing, and he shall be furnished with a written copy and allowed ten days to appear before the Council to make his defense, either in person or by counsel, or both. (§ 67.) Sec. 9. In case of the contested election of Mayor, Contest. the Legislative Council shall determine the same, and whenever it is ascertained that two or more persons have the same number of votes for Mayor, the Legislative Council shall elect one of such persons for Mayor.’ (§°68.): Sec. 10. The Mayor shall countersign all warrants Mayor to drawn upon the Treasurer, or the custodian of the city’s funds, ar ies and shall sign all bonds, notes or other evidence of city indebt- edness, and shall sign all contracts to which the City of Mem- phis is a party; Provided, that, if the Mayor refuse to sign any 1 Chapter 54, Acts 1905. 72 CHARTER OF THE CITY OF MEMPHIS. Books and stationery— how pro- vided. City Register. Election, Duties. such contract, or any such instrument, or document, same be- comes effective without his signature by a majority vote of the Legislative Council. (a) (§ 69.) Sec. 11. The Mayor shall furnish all books and sta- tionery necessary for the use of the city, which shall be paid for out of the taxes provided for the support of the department ior which said books and stationery may be furnished. (b) ARTICLE 9. CITY REGISTER. ELECTION, QUALIFICATION, DUTIES, ETC. (§ 70.) Section 1. There shall be a City Register, who shall be elected by the qualified voters of the City of Memphis, at the time of the first general city election, and shall hold his office for a term of four years, and his salary shall be twenty-five hundred ($2,500.00) dollars per annum. However, the first Reg- ister under the provisions of this act shall be elected by the Legislative Council, within thirty days after the passage of this act, and shall hold his office until the first general election for city officers thereafter. (§ 71.) Sec. 2. The Register, with such assistance as may be furnished by the Legislative Council, shall act as clerk of each Board, and shall keep the records and minutes of each Board, and shall attend all meetings thereof. (§ 72.) Sec. 3. Said Register, after he shall have been elected and qualified and given his bond as required, shall have charge and custody of all books, papers, documents and accounts con- nected with the city government, and he shall be held responsible for the safe-keeping of same. a The foregoing sections Nos. 1 to 10, inclusive, passed in 1905. See Chapter 54, Acts 1905, b For qualification and duties of Mayor under commission government, see Sec- tions 3 to 11 et al., Chapter 298, Acts 1909 (hereinafter set out). CHARTER OF THE CITY OF MEMPHIS. (§ 73.) Sec. 4. He shall keep an accurate and correct account Same. of all the transactions of the city government, and an account of the receipts and disbursements of all the funds of the city. He shall attend in person, or by one of his clerks, all the meet- ings of the Legislative Council, and keep a correct record of all the proceedings of that body. He shall have such clerical help in his work as the Legislative Council shall deem necessary for the work to be performed properly. Said Register shall publish a statement, once every six months, showing in detail the finan- cial condition of the city government. All books, papers and documents in the care and custody of said Register shall be open to inspection and investigation by any taxpayer, upon the petition of any ten taxpayers living in the City of Memphis. (§ 74.) Sec. 5. The Register shall be required to give bond in the sum of ten thousand ($10,000.00) dollars for the faithful performance of his duties as an officer, and for the safe-keeping of all the books, documents, records, papers, etc., belonging to the city government in his charge or custody, and faithfully ac count for all money that may be turned over to him or passed through his hands as Register of the city. He shall also pre- serve all original vouchers and books of original entry until after the expiration of his term of office. = (§ 75.) Sec. 6. Section 1 of Article 12 of the Act of 1879, herein referred to, is hereby repealed, and in lieu thereof, all the duties of said City Secretary are hereby devolved upon the City Register, to whom said Secretary shall at once turn over all the books, papers and belongings of his office. (a) [The Assistant City Register is ex officio the Secretary of the Park Commission. ] a All sections under Article 9, except Section 7, passed February 3, 1905, Chap- ter 54, Acts 1905. Note—Office of ‘‘City Register’? changed to City Clerk; who is elected by commission, Chapter 298, Acts 1969, Section 9. Bond. 73 74 CHARTER OF THE CITY OF MEMPHIS. Regulate salaries of fire and po- lice officers. Compensa- tion. Powers of. police. (§ 76.) Sec. 7. In the event of a vacancy by death, resigna- tion or removal in the office of City Register, the unexpired term shall be filled by the Legislative Council in joint session. (Ch. 54, Acts 1905, Sec. 63.) ARTICLE 10. FIRE AND POLICE DEPARTMENTS. [For election of Chief of Police, Chief of Fire Department, | subordinate officers and firemen; classification; Civil Service pro- vision, see ante Article 6, “Fire and Police Commissioners.” | (§ 73.) Section 1. Said Board of Fire and Police Commis- sioners of such Taxing District or city shall be, and the same is hereby, authorized and given power to fix and regulate the scale of salaries of the officers of the Fire and Police Department, and to fix the rank and number of such officers.’ (§ 74.) See. 2. The Police and Fire Commissioners shall fix the pay of the firemen as follows: Chief of Fire Department, not less than one hundred and fifty dollars per month; Assistant. Chief of Fire Department, not less than one hundred and twenty- five dollars per month; Captains of Fire Department, not less. than one hundred and ten dollars per month; Engineers of Fire Department, not less than one hundred dollars per month; other subordinate firemen, not less than seventy-five dollars per month.* (§ 74a.) Sec. 3. The officers and patrolmen of the Police De- partment shall have all the power now possessed by constables, except for the service of civil process. But all process served. by such officers‘or patrolmen shall be returned by them before: the Judge of the City Court, whether issued by said Judge or by a Justice of the Peace, and they shall have no power to return. the same to any Justice of the Peace. They shall receive no fees. for such service, but in cases where the defendants are con- 1 Amendment Senate Bill 455, Acts 1908, Section 8. 2 Section 2 is original of Chapter 48, Acts 1889, which is a substitute for orig-. inal Section 8 of Chapter 84, Acts 1879. This section in effect is repealed by pre- ceding section. CHARTER OF THE CITY OF MEMPHIS. victed the fees to which a constable would be entitled for like service shall be taxed and collected from such defendant by the Clerk of the City Court and turned into the City Treasury; Provided, that in no event shall such fees be collected from either city, State or county; and, Provided also, that the de- fendants convicted may be committed to the city prison until the fines and costs are paid, secured or worked out. (§ 75.) See. 4. The Fire and Police Commissioners may, in case of need, appoint special policemen to do special duty at any time and any place within the city, and on such terms as the Board may deem proper, but compensation for such service shall not exceed that for policemen of second class. However, in all cases the action of the Board shall be reduced to writing and placed on the minutes, and shall show the neces- sity and occasion for such action. 75 (§ 76.) Sec. 5. The Mayor and Chairman, ex officio, of the Suspension of Fire and Police Commission, upon proper showing, may suspend for twenty days from duty, without pay, any officer or employe of the Fire or Police Departments, and it shall be the duty of the Mayor to report at once to the Fire and Police Commission his reason for such suspension; and the action of the Mayor in all such cases shall be subject to the supervision and control of the Fire and Police Commission. (§ 77.) Sec. 6. Ail the city officers whose removal from office is not otherwise provided for in this act shall be subject to removal by the Legislative Council, sitting as a court, upon writ- ten charges Weefarred by the Mayor, or any member of the Fire and Police Commission. The person accused shall have the right to be heard in person or by his counsel, and said Court to act under oath or affirmation.! No person so tried shall be removed from office without the concurrence of two-thirds of the Legis- lative Council in joint session, the vote to be taken by ayes and nays, and a record thereof kept on the minutes. When a person has been so removed from office, he shall be ineligible thereto police or firemen. 76 No political assessments. No additional compensation to police or firemen. Firemen and policemen shall not in- terfere with elections. CHARTER OF THE CITY OF MEMPHIS. during the term for which he shall have been elected or ap- pointed. (§ 78.) See. 7. No officer, employe or agent of the city government shall be called on by any other officer or agent of the city for any contribution or assessments by any politica! organization or member or committee thereof. No such officer, employe or agent shall be allowed to solicit any contribution or to sell any tickets or to procure any money by any device from the public. Any person violating any of the provisions of this section shall, upon conviction in the City Court, be fined not exceeding fifty ($50.00) dollars, and be removed from office. (§ 79.) Sec. 8 No. policeman, fireman or officer in either of said departments shall, without the consent of the Fire and Police Commission, receive any roney or gratuity or compen- sation in addition to his salary, for any service he may render as an Officer.* (§ 80.) Sec. 9. That in no case shall any regular or special policeman or fireman, during the holding of any election in any Taxing District, be allow ea in any way to interfere with or to influence or to intimidate any voter, or to attempt to do the same. Any violation of this provision shall be sufficient grounds. for dismissing said offending officer from office; and any po- liceman.or fireman who shall be guilty of violent or disorderly conduct at or near any polling place during the time of the holding of any election, shall be guilty of a misdemeanor, and. upon conviction thereof shall be forever disqualified from hold: ing any office or employment under the city government.” 1 Sections 3 to 8, inclusive, under this Article passed in 1905, Chapter 54, Acts: 1905. 2 Chapter 91, Acts 1881, Section 7. The election and registration Acts of March: 11, 1890, Chapters 24 and 25, extra session of 1890, are made applicable to the Tax- ing District by the Acts of March 28, 1891, Chapters 223, 224 and 225. CHARTER OF THE CITY OF MEMPHIS. ARTICLE 11. JUDICIAL DEPARTMENT. JUDGE CITY COURT, ELECTION, QUALIFICATIONS, POWERS, DUTIES, CITY COURT CLERK, ETC. (§ 81.) Section 1. There shall be a City Court, and there shall be elected by the people a City Judge, at the regular elec- tion provided for in this act for the election of the Legislative Council; but the Governor shall first appoint said Judge, who will hold the office until elected by the people. Said appoint- ment to be made within thirty days after the passage of this act. (Ch. 54, Acts 1905.) (§ 82.) Sec. 2. The Judge of said Court shall be at least thirty years old and a lawyer by practice and profession, and of good moral character, and shall have been for two years before his election a bona fide resident of and voter in the City of Memphis. (Ch. 54, Acts 1905.) (§ 83.) See. 8. The City Court shall be a court of record, and shall have original and exclusive jurisdiction of all violations of municipal ordinances, and shall also be clothed with the same powers and duties possessed by a Justice of the Peace touching the arrest and preliminary trial, discharging, binding over, or pintahive under the small offense law, all persons charged with offenses against the State, committed in the city. In all city cases an appeal may be taken to such Circuit Court of Shelby County as now or may be provided by law. Every person arrested on the charge of violating an ordinance or on process issuing from the City Court shall be presented to the Court for trial within twenty-four hours after his arrest, unless Sunday or legal holiday shall intervene. (Ch. 54, Acts 1905.) (§ 84.) Sec. 4. A session of said Court shall be held daily, except Sunday or legal holidays. At the opening of each session the minutes of the preceding session shall be read and signed by the Judge in open Court. When a fine has been imposed and the minutes signed, the Judge shall have no power to remit City Judge. Qualifica- tions. Records of City Court. Sessions and powers. 78 CHARTER OF THE CITY OF MEMPHIS. Salary City Judge. Jurisdiction and procedure in Second Cir- cuit Court in appeals from Police Court. or release the same or any part thereof. In the temporary ab- sence or during the disability of the Judge from any cause, the Mayor shall appoint some person possessing all the qualifications of the regular Judge, as Special Judge, to act in his room and stead, and such appointment shall be copied on the minutes of the Court, and said Special Judge shall take the same oath and be clothed with the same power, pro tempore, as the regular Judge. If he shall serve for a period of two days or longer he shal he paid same compensation as the Tee Judge, which sum so paid the Special Judge shall be deducren from the salary of the regular Judge. All processes issuing from said Court shall be siened by either the Judge or the Clerk thereof. (Ch. 54, Acts 1905.) (§ 85.) See. 5. The salary of the Judge of said Court shal} not exceed $2,500.00 a year. The Judge of said Court shall, after his appointment expires, be elected at the regular city élection of municipal officers for a term of four years, and his term shall begin from his qualification; his salary shall be paid by the city in monthly installments, as other city officers are paid. Said Judge shall not at the end of his term immediately succeeG himself as City Judge. (Ch. 54, Acts 1905.) (§ 86.) Sec. 6. The Second Circuit Court of Shelby County is vested with the power to hear and determine cases brought to that Court by persons tried and convicted before the [| Mayor, or Justice acting for said Mayor]|' (now Judge of City Court) for offenses arising under the act establishing said city, and the ordinances of said city, or for any misdemeanor or other pro- ceeding. Persons taking such case to said Second Cirenit Court shall give bond, with approved security, for double the amount of the fine and costs,-conditioned that if the Second Circuit Court shall find against the appellant, and the fine imposed by said Court is not-paid, the defendant will surrender himself to the . police authorities, to be dealt with as other offenders whose fines 1 Amended by Chapter 54, Acts 1905, creating office of Judge of City Court. CHARTER. OF THE CITY OF MEMPHIS. 79 are not paid; and the judgment of the Second Circuit Court shall, in addition to imposing the fine, if defendant is convicted before it, order that such defendant be rearrested upon failure to pay said fine and costs, and turned over to the police authorities, to be dealt with as other offenders found guilty before the Mayor (now Judge of City Court) or Justice acting for him.’ (§ 87.) Sec. 7. When appeals are prosecuted from judgments rendered in the Police Court (now City Court) of said city, and the appellant shall give a bond with good and sufficient surety or sureties, and conditioned, in addition to all other conditions now prescribed by law, that the surety or sureties shall be liable for whatever judgment may be rendered against the principal in the Appellate Court; such Appellate Court shall, when rendering judgment against the appellant, render a like judgment against the surety or sureties on the appeal bond.* CITY COURT CLERK. (§ 88.) Sec. 8. The Legislative Council shall, at the first regular meeting after the general election, in joint session, elect a Clerk of the City Court, whose qualifications for office shall be that he is a bona fide resident of and voter in the City of Memphis. Said Clerk shall be elected for a, term of two years, and his term of office shall begin from the time of his qualifica- tion following his election; and before assuming the duties of his office he shall give bond in the sum of $2,500.00, to be ap- proved by the Judge of said Court, and filed with the Register conditioned to faithfully discharge the duties of his office * such Clerk, and properly report and account for all the fun coming through his hands into his office. (Ch. 54, Acts 1905.) (§ 89.) Sec. 9. The Clerk of said Court shall keep the min- utes of the Court in the same manner as the minutes of the Circuit Courts of the State are required by law to be kept. He 2 Act of April 4, 1881, Chapter 79, as amended by Chapter 54 of the Acts of 1905. 3 Section 7 passed March 30, 1897, Chapter 156, page 343, Clerk City Court. Clerk’s duties. 80 City Attorney to be elected by people. Vacancy filled by Governor. CHARTER OF THE CITY OF MEMPHIS. shall also prepare for each session of the Court a docket of all cases not previously disposed of. His salary shall not exceed $1,800 a year. He shall receive no fees or other compensation as Clerk. In city cases, however, the same fees and costs shall be taxed as allowed in the Circuit or Criminal Courts of this State, and he shall collect the same and pay them into the City Treasury. He shall also collect all fines assessed by said City Court and pay the same into the City and County Treasury, respectively, at least once per week. (Ch. 54, Acts 1905.) (§ 90.) Sec. 10. Both the Judge and Clerk of said Court shall be authorized to administer oaths and affirmations. (Ch. 54, Acts 1905.) (§ 91.) Sec. 11. In the event of a vacancy by death, resig- nation or removal in the office of City Judge, or Clerk of the City Court, the unexpired term of such vacancy shall be filled by the Legislative Council in joint session. (Ch. 54, Acts 1905.) CHAPTER 12. CITY ATTORNEY. ELECTION, QUALIFICATION, DUTIES, ETC. (§ 92.) Section 1. A City Attorxey shall hereafter, and be- ginning with the next popular election of said Taxing District or city, be elected by the people, and in the same manner and at the same time as other officers of said Taxing District are elected. (Senate Bill 465, Acts 1903.) (§ 93.) Sec. 2. Be it further enacted, That wherever a vacancy now exists, or that may hereafter occur in the office | of City Attorney of said Taxing District or Districts, the same shall be filled by appointment by the Governor of the State, the appointee to hold office until the next general election in said Taxing District or Districts, at which election other officers of said Taxing District or Districts are to be elected.* (Senate Bill No. 465, Acts 1903.) 1 Prior to this act the City Attorney was appointed by the Mayor. These two sections amend Section 2, Chapter 149, Acts of 1901. CHARTER OF THE CITY OF MEMPHIS. 81 (§ 94.) Sec. 3. It shall be the duty of the City Attorney, in addition to the duties heretofore imposed upon him by law, to prosecute or defend, as the case may be, all suits brought by or against the city, the County Trustee, or the County As- sessor, involving the assessment or the collection of the city taxes; and all fees and commissions now allowed by the law to the attorney employed for the collection of delinquent city taxes shall not be paid to such attorney, but shall be turned in to the city. (Ch. 54, Acts 1905.) (For other duties and power of City Attorney, see Sec. 14 of Ch. 11, Acts 1879, and amendment Ch. 84, Acts 1879; also act of 1889, Ch. 163, and act of 1891, Ch. 81.) Duties of. (§ 95.) Sec. 4. The Fire and Police Commission may, in Assistant their discretion, employ competent attorney in the capacity of Assistant City Attorney, to prosecute cases in the City Court, and to attend to such other legal business as may be proper, and said attorney so employed to receive as his compensation a sum, in the discretion of said Fire and Police Commissioners, not to exceed twelve hundred ($1,200.00) dollars in any one year, same to be paid out of the City Treasury. (Ch. 54, Acts 1905.) (§ 96.) Sec. 5. The salary of said City Attorney shall be thirty-six hundred ($3,600.00) dollars per year; said City Attor- ney shall be elected by the qualified voters of the City of Mem- phis at the regular election of the Legislative Council provided for in this act, and shall hold his office for four years. (Ch. 54, Acts 1905.) (§ 97.) Sec. 6. In the event of a vacancy by death, resigna- tion or removal, in the offices of the City Register, City Attor- ney, City Judge or Clerk of the City Court, the unexpired term of such vacancy shall be filled by the Legislative Council in joint session. (Ch. 54, Acts 1905.) City Attorney. Salary. Vacancies— how filled. 82 CHARTER OF THE CITY OF MEMPHIS. ARTICLE 13. STREET COMMISSIONER. (§ 98.) Section 1. There shall be, in addition to the officers and governing agencies of the city, an officer known as Street Commissioner.’ eam enn He shall not be a member of the Legislative Council, or take How elected. Compensa- tion, powers and duties. Office Created. Duties. Taxable property. any part in its deliberations; he must be a resident of such mu- nicipality; be a man of probity and good character, and not less than thirty years of age; he shall give his whole time to the duties of his office. The Street Commissioner shall be elected by the Board of Police and Fire Commissioners, upon nomination of the Mayor, for such a term as the Legislative Council may determine. (§ 99.) ing, and be thoroughly conversant with the materials to be used; Sec. 2. He shall have had experience in street build- and the Legislative Council shall have power, at the time of such election, to fix the compensation of such Street Commis- sioner for the term for which he is elected. The Legislative Council shall provide, by ordinance, the pow- ers and duties of such Street Commissioner, and: fix the amount Ok of his bond. ARTICLE 14. _CITY TAX ASSESSOR. (§ 100.) Subsection 1. The Acts of 1879, : Chapter 11, “are hereby amended so as to create and establish the office of City Tax Assessor of such Taxing District (now City of Memphis), whose duty it shall be to eee all taxable property within said [And to authorize and empower the Tax Assessor of the City of city now assessed by the State and County Tax Assessor. Memphis to assess for city taxation all ad valorem taxes im- posed on merchants and others, and all ad valorem taxes here- tofore assessed for taxation by the County Court Clerk of Shelby 2 Office of Street Commissioner abolished by Chapter 298, Acts 1909. A i te ae a: CHARTER OF THE CITY OF MEMPHIS. 83 County, Tennessee.|* His term of office shall be for four years, and the Legislative Council of said City of Memphis shall, by ordinance, fix the bond and duties of such Tax Assessor, and determine when and how he shall make assessments of such ‘taxable property and return the same, and said Legislative Council shall, within thirty (30) days after the passage of this act, elect said Assessor, who shall thereafter forever be elected by the people of said City or Taxing District of Memphis, com- mencing with the first regular election after the passage of this act.‘ (§ 101.) Subsec. 2. The taxes on all taxable property sit- uated within the territory of such Taxing District shall be col- lected upon the basis of the taxes heretofore provided for, and the Legislative Council of such Taxing District shall, by ordi- nance, provide how and when such taxes shall be paid and collected.* (§ 102.) Subsec. 3. The compensation of said Tax Assessor shall be four thousand ($4,000.00)* dollars per year, to be paid in equal monthly installments, by the city or Taxing District. (§ 103.) Subsece. 4. Said Tax Assessor shall be allowed an assistant, who shall be paid, by said city or Taxing District, a salary of $1,500.00 per year for his services, and he shall be appointed by the Assessor. (§ 104.) Subsec. 5. Said City Assessor and his assistants, or any of them, shall have the power and authority to admin- ister oaths in respect to assessments and in connection with the valuation of property for city taxation.’ 3 In brackets amendment House Bill 810, Acts 1909, passed April 26, 1909, . 4 Sections 100 and 101 passed April 10, 1903, Chapter 366, except as otherwise noted. For manner and date of election under ‘‘Commission Government,’’ see Chapter 298, Section 48, Acts 1909. 1 By House Bill No. 810, Section 2, passed April 26, 1909, the salary of Assessor and assistant fixed at $4,000 and $1,500, respectively, in place of $3,000 and $900. 2 Section 104 passed April 26, 1909. House Bill No. 810, Chapter 3, Article 14, is the Act of 1903, Chapter 366, as amended by House Bill 810, Acts 1909. Term. Duties fixed by ordinance. Election: Tax basis. Collection. Assessor’s salary. Assistant’s salary. Power to administer oaths. 84 CHARTER OF THE CITY OF MEMPHIS. Board of Equalization, Duties. Compensa- tion. ARTICLE 15. BOARD OF EQUALIZATION. (§ 104.) Subsection 1. The Legislative Council of such Tax- ing District shall be, and is hereby authorized and given power to elect a Board of Equalization, consisting of five freeholders and citizens of said Taxing District, for the purpose of revising the assessment when returned by such Tax Assessor, and all persons who may object or complain of such assessments shall have the right to appeal from the returns made by said Assessor to said Board of Equalization, under such rules and regulations as may be established by the Legislative Council aforesaid, and the revision of such assessments as may be determined upon by the said Board of Equalization shall be final. Hach member of said Board of Equalization shall receive and be paid the sum of three ($3.00) dollars per day by the city or Taxing District for each and every day they are in actual session.’ 3 Senate Bill 455, Acts of 1908. RULES AND REGULATIONS BOARD OF EQUALIZATION. Adopted by Legislative Council February 4, 1904. The Board of Equalizers shall elect one of its members a Chairman and one Secretary of the Board, and a majority of the Board shall constitute a quorum for the transaction of business. Said Board shall keep a daily record of its transactions and sign the same and its members shall be paid by the city as compensation for their services $3 per day. The Assessor shall at the first day’s session of the Board deliver the assessment list or roll to said Board for its consideration. Upon the completion of the duties of the Board the records and papers of the Board shall be turned over to the city Secretary for preservation, together with the assessment lists. It shall be the duty of the Board to carefully examine, compare and equalize the assessments, to eliminate from its lists property exempt from taxation, to hear any just complaints of party or parties feeling aggrieved on account of excessive assessment of property; said complaints shall be made in writing. If, in the judg- ment of the Board, the property is assessed at more than its actual cash value, it shall be reduced to the actual cash value of the same, correct any and all errors arising from clerical mistake or otherwise that may come or be brought to the attention of the Board, and the corrections made, if any, shall be entered upon the assessment book without in any way altering the assessment lists. Said Board shall have the power, and it is hereby made the duty, to in- crease or lower the entire assessment roll or any assessment contained therein so as to equalize the assessment of all property contained therein, and make such assessment conform to the actual vash value of the property described fn the assessment. If the property described in said assessment lists or any part thereof shall have been assessed at less than the actual cash value thereof, the value of the same shall be increased so as to conform to the actual cash value thereof. Or if any property designated in said assessment lists shall have been assessed at more. than the actual cash value thereof, the same shall be reduced so as to conform to the actual cash value thereof, it being the intention that the Board of Equalizers shall equalize and compute the value of all the property in the city upon the standard of the actual cash value thereof, estimated at the amount of money the property would sell for if sold at a fair voluntary sale; provided, that no assessment shall be increased by the Board of Equalizers until the property owner or owners affected by said increase shall have been notified and given an opportunity to be heard. CHARTER OF THE CITY OF MEMPHIS. LA A oi a eee ea , member of the Board of Ga of Oo Equalization of said city, do hereby solemnly swear (or affirm) that I will, without fear, favor or affection, perform the duties required of me by my oath of office and the laws of the State; that I will carefully examine, compute and equalize all assess- ment lists and values of property in said city designated in the assessment rolls, and equalize, fix and compute the value of all such properties upon the standard of an actual cash valuation, as directed by the laws of the State, by raising the values of The Board may examine any person or persons as witnesses and hear any proof that may be offered by any taxpayer or about any question touching the value of any property, or of property described in the assessment roll. Any owner of property liable for taxation in the city shall have the right in person or by his agent to make complaint before said Board that other property or properties in the city have been assessed at less than the actual cash value thereof or at a less percentage of value than the complainant’s own property. Upon such complaint being made before the Board it may hear any evidence or witnesses offered by the complainant or may take such steps as it may deem material to the inves- tigation of the complaint and pass upon the question justly and equitably according to the standard herein established of an actual cash value of the property. The Board may inquire as to the valuaticn of the various classes of property in the respective wards of the city and make such changes by way of increase or decrease in the valuation as may be necessary to equalize the same as between the various wards and to determine the rate per cent of increase or decrease to be added or deducted in order to make a just and equitable equalization in the respective wards so as to conform throughout the city to a just and equitable standard, which standard in such case shall not be less than the actual cash value of the property. The Board of Equalizers shall make out and transmit to the City Secretary (now City Register) a summary showing the value of town lots and improvements thereon; the value of personal property assessed and also a brief summary of all the testimony taken before the Board in regard to the equalization of property. It shall be the duty of said Board to bring before it the Assessor and propound to him such questions as are in the opinion of the Board proper to ascertain the manner in which the Assessor arrived at the value of the property assessed by him and such questions as will aid said Board in the equalization of values. When the Board of Equalizers shall have determined the matters of equalization and values before it and within its jurisdiction such action shall be final. Upon returning the assessment rolls of the city to the City Secretary the said Board of Equalizers shall attend to and indorse upon the same a certificate signed by each member, viz. : “We, the undersigned members of the Board of Equalizers of the City of Memphis, do hereby certify that we have equalized, concluded and fixed the values of all property set out in the assessment roll of said city upon the standard of the actual cash value of the same, by raising the values of all properties assessed at less than actual cash value thereof to the actual cash value of the same, or by reducing the values of all properties assessed at a greater amount than the actual cash value thereof to the actual cash value of the same, and otherwise faithfully and honestly obeyed the requirements of the assessment laws of the State and city and kept our oaths of office. Witness our hands this............ GAL OPS dew nice Each member of the Board of Equalizers, before entering upon the discharge of the duties of his office, shall, before the Mayor of the city, take and subscribe to the oath set out in Section 104 herein, to be filed with the City Secretary, viz.: It shall be unlawful for any member of a Board of Equalization to enter upon or undertake to discharge the duties of his office without first taking the oath hereinbefore provided. It shall be the duty of the Board of Equalizers, when it is known to or reasonably suspected by any of them, that the Assessor has know- ingly, wilfully or negligently assessed any property at less than the actual cash value of the same, to report the same to the City Attorney, whose duty it shall be, upon receiving such information, to institute proceedings against the Assessor upon his bond, to recover the penalty hereinafter prescribed. The Board of Equalizers herein referred to shall not sit more than 25 days. (Min- ute Book ‘‘F,’’ page 290.) ce. 85 86 County Trus- tee City Tax Receiver. Clerical as- sistance—by whom paid. Bond. Taxes to be kept sepa- rate from other funds. Front foot assessments. Proceeds. How and where to be deposited. CHARTER OF THE CITY OF MEMPHIS. all properties assessed at less than the actual cash value of the same to the actual cash value thereof, and by reducing the values of all properties assessed at greater than the actual cash value of the same to the actual cash value thereof, and in all respects faithfully, honestly and impartially do and perform each and every duty imposed upon me as a member of said Board by the laws of the State. ARTICLE 16. CITY TAX RECEIVER. (§ 105.) shall be, and he is hereby declared to be, by virtue of his office, Subsection 1. The County Trustee of Shelby County collector and disburser of: municipal taxes of the City of Mem- phis, and his compensation for such services is fixed at one- half of one per cent. of the entire city taxes collected.* (§ 106.) Subsec. 2. For the compensation above fixed, the aforesaid Trustee shall pay all clerical assistance, and that, to secure the faithful performance of the duties required in the collection and paying over of the said taxes, he shall give a bond in such amount as shall be fixed by the Legislative Council, and he shall keep the municipal taxes by him collected separate and apart from all other funds that may come into his hands, and so deposit as to indicate that the funds belong to. the City of Memphis. (§ 107.) Subsec. 3. All assessments under the front foot improvement act shall be payable to the City Tax Receiver, whose duty it shall be to receive the same and give proper receipts therefor and enter the proper credit and satisfaction. (§ 108.) Subsec. 4. All proceedings arising from the collection of assessments levied for an improvement shall, as soon as col- lected, be deposited by the City Tax Receiver in some bank designated by the legislative body of such city, and such col- 1 Passed February 1, 1905. all other acts in conflict. 2 See Chapter 841, Acts 1907, Section 7. This act repeals Chapter 301 of Acts of 1899, and CHARTER OF THE CITY OF MEMPHIS. 87 lection shall not be deposited with the general funds of the city, but shall be considered a separate deposit to the account of “Public Improvement,” and shall be drawn out on checks or orders directing the amount designated therein to be paid out of the public improvement fund. The City Tax Receiver shal) be liable on his official bond to any holder of the certificates [“bonds,’” under amendment of February 15, 1909,] authorized by this act for any loss or injury to such certificate [bond] holder caused by the diversion by said officer of any fund, or part thereof, to the payment of any bond, certificate of indebtedness or interest coupons or indebtedness of the city other than the certificates and interest coupons and indebtedness herein author- ized to be paid out of said fund, or by the use or misappropria- tion by said officer of any part of the fund out of which said certificates [bonds] are required and contemplated herein to be paid for any other purpose than herein provided for, or for the benefit of the city or others.’ (§ 109.) same compensation for collecting the moneys herein provided Subsec. 5. The City Tax Receiver shall receive the for [meaning the front-foot improvement act] as he does for collecting other city taxes, and he may appoint one clerk, at a salary not to exceed $100 per month, said salary to be paid out of the moneys collected under this act, and said salary to begin at the discretion of the Municipal Council.’ ARTICLE 17. TAXATION AND FINANCE. (§ 110.) islative Council of the City of Memphis to levy and impose all Section 1. Power is hereby conferred upon the Leg- necessary taxes for the support of the government of said city.’ 3 Chapter 341, Acts 1907, Section 10, and amendment of 1909, Senate Bill 282. 4 Chapter 341, Acts 1907, Section 20. 1 Act of April 1, 1893. sembly of State. Prior to this act taxes were imposed by General As- Liable on bond for di- version of “Sm prove- ment fund.’’ Compensa- tion for col- lection of ‘‘improvement fund.’’ One _ addition- al clerk. Power to levy taxes. 88 CHARTER OF THE CITY OF MEMPHIS. —— Time of payment of taxes. Penalties. Sale. of property for delinquent taxes; ete, Tax rate— purposes to be designated. (§ 111.) Sec. 2. The City of Memphis, through its Legisla- tive Council, by ordinance, is vested with the power to fix the time for the payment of its taxes, and when the same shall become delinquent to fix penalties, interests and costs on delin- quent taxes, within the laws applicable to State and county taxes, as to provide for the advertisement and sale of property upon which delinquent taxes may be due; and said city is vested with power, by ordinance, to enforce the collection of its delinquent taxes by all the means provided for the collection of delinquent State and county taxes.’ (§ 112.) Sec. 3. In fixing the annual tax rate the ordinance shall designate what proportion of the total rate is levied for the Police Department, for the Fire Department, for streets, for sewers, for school purposes, for lights, for official salaries, for judgments and costs, for interest and Sinking Fund, for claims, for health and hospitals, for rent, for water for public buildings, for the Park Commission, for general and miscel- laneous purposes, and for any other specific purpose for which a tax may be lawfully levied for the ensuing year. And the annual appropriation ordinance shall apportion the tax to be derived therefrom accordingly. It shall not be obligatory upon the Legislative Council to make a levy and appropriation for all of the purposes above enumerated, but only for such thereof as may be necessary, in its judgment. It shall not be lawful to use any funds appropriated to one purpose for any other, unless the same shall have been previously directed by ordi- nance.* In making appropriations for the various departments, the Legislative Council shall not be bound by the estimate submitted by the officer or board in charge of such department, but shall appropriate only so much as they shall deem necessary’. It shall not be lawful to expend in any year a greater amount 2 Act of February 1, 1905, repealing Chapter 301 of Acts of 1899 and all other acts in conflict. 3 Chapter 54, Acts 1905, Section 27. CHARTER OF THE CITY OF MEMPHIS. 89 in any department than shall have been appropriated for that department.’ (§ 113.) Sec. 4. In the exercise of said power the Legis- lative Council shall always levy and impose sufficient tax to pay the interest on the outstanding bonds of said city, and to provide a sinking fund for the retirement of the bonds them- selves, as required by the law under which bonds were issued.* (§ 114.) See. 5. Section 1 of Chapter 172 of the Acts of 1895, and Section 4 of Chapter 84 of the Acts of 1893, and Sec- tion 1 of Chapter 19 of the Acts of 1899, and all amendments thereto, prohibiting the City of Memphis from levying more than six hundred thousand ($600,000) dollars of taxes for any one year within the original eleven (11) wards of such city, are hereby amended so as to provide that the gross tax levy for general purposes shall not exceed one million one hundred thou- sand ($1,100,000) dollars for the entire City of Memphis, and said Legislative Council is vested with the power of making the total gross levy on the entire city for every purpose (exclu- Sive of the park tax, the levy or overflow tax for Wolf and the Mississippi River, and all other special taxes), for any one year on realty, personalty and merchants’ capital, not more than one million one hundred thousand ($1,100,000) dollars. [Provided, that the Legislative Council of the City of Mem- phis, in levying said one million one hundred thousand ($1,100,- 000) dollars, shall apportion between the first eight wards and the Ninth, Tenth and Eleventh wards of the city that part of the levy necessary to pay the interest and sinking fund of the municipal debt, as now required by law, and it is the further purpose and intent hereof that the territory annexed by the act of January 25, 1899, shall pay no part of the interest and sinking fund on the city’s debt outstanding at that time, and that the tax levy necessary to raise such interest and sinking 3 Chapter 54, Acts 1905, Section 27. 4 Chapter 84, Acts 1893. Sinking fund. Maximum of tax levy. How appor- tioned. 90 CHARTER OF THE CITY OF MEMPHIS. fund shall be apportioned between the first eight wards and the Ninth, Tenth and Eleventh wards as required by the acts and ordinances under which the indebtedness of the city was funded, but this shall not affect the liability of said annexed territory for the principal or interest of any indebtedness in- curred since such annexation. ]* UNIFORM RATE OF TAXATION. Notrr.—Whether there shall be a uniform rate of taxation or three rates of taxation, according to the location of property in the city, has been a vexatious question. By the annexation act of 1899, different rates of taxation were provided for, and there was a provision to the effect that, in case the Supreme Court should hold that different rates were unconstitutional, then the property should be considered as annexed, notwithstanding a uniform rate would prevail. In 1905, the Legislature repealed this and amendatory acts, and provided that a uniform rate should prevail throughout all of the wards of the City of Memphis. Then the Legislature of 1907 repealed the act of 1905, without stating that the law pro- viding for the three rates was revived. The City Attorney has expressed the opinion that we should levy a uniform rate throughout the city. While it is a general principle of law, with exceptions, that the repeal of a repealing statute revives the old law, still this principle has been declared by the Su- preme Court ‘of Tennessee not to apply to the enactment of local laws, such as the charter of a municipal corporation. If the Legislature of 1905 had intended.to revive the old law when it repealed the act of 1905, commonly called the Boyle Bill, then it would have been necessary to have so stated. Upon the contrary, this was not only not done, but the Legislature sub-— sequently passed what is commonly called the commission form of government bill, and which, in effect, provided for a uniform rate of taxation throughout the city, and the government which 1 Section 5 passed in 1903, Senate Bill 455. CHARTER OF THE CITY OF MEMPHIS. 91 for a time usurped the city government levied a uniform rate throughout the city. These facts tend to show that it was the intention of the Legislature to return to a uniform rate of taxa- tion, though the casual observer would probably think other- wise.—Extract from Report of Hon. James H. Malone, Mayor, ‘filed March 23, 1908. See Book B, page 74, Board of Public Works. For information of those concerned, the Boyle Bill will be here given, and the act repealing the same: CHAPTER 345, ACTS 1905. (BOYLE BILL.) Only one city tax rate on real and personal property sliall be levied, and this one tax rate shall apply equally and uniformly to all real and personal property within the limits of such city, without discrimination on account of location or character of such property. But property exempt from taxation. under exist- ing laws shall not be affected by this act. All acts and parts of acts in conflict herewith are hereby repealed. Passed April 13, 1905. CHAPTER 198, ACTS 1907. REPEALING BOYLE BILL. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 345, being House Bill No. 797 of the Acts of the General Assembly of 1905, be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it. Passed March 29, 1907. TAX RATE UNDER COMMISSION GOVERNMENT. (Under Chapter 298, Acts 1909, Sections 46-47, all special taxes heretofore pro- vided for are abolished, and the city has the power to levy and collect a general ad valorem tax upon ALL REAL AND: PERSONAL PROPERTY IN THE CITY OF MEMPHIS, not to exceed $2.00 on every $100 of assessed value for all purposes; the Commission to pay to the School Board 25¢ on every $100; to the Park Com- mission 15¢c on every $100, and to:the Cossitt Library .08c on every $100 of as- sessed values.) Compiler’s note. 92 CHARTER OF THE CITY OF MEMPHIS. All property subject to taxation. Privilege taxes remain as at present until changed. State laws for enforce- ment of taxes applicable to city. City depart- ments must submit re- port of ex- penditures for past year and estimate for succeeding year 30 days before levy. Sewer and street tax of $1 on the $100. (§ 115.) Sec. 6. The power conferred thus to impose taxes shall apply to every object and subject of taxation within the corporate limits of the City of Memphis. Said power shall ex- tend to every species of property, and to privileges and wharfage dues, and all other things upon which the Legislature or the city has heretofore laid taxes, rates or assessments for the support and maintenance of said government, the object being to provide for the exercise of the power herein conferred upon the restrictions named as fully as the same could be exercised if the Legislature, and not the city, were exercising the power.* (§ 116.) Sec. 7. All laws imposing privilege taxes for said municipality shall remain in force until changed by the State or by such municipality under the authority here delegated.’ (§ 117.) Sec. 8 All laws providing means, or giving liens or remedies for the collection and enforcement of taxes for such municipality heretofore levied by the General. Assembly shall be and remain in force and apply to the collection of said taxes when levied by said city under the authority hereby conferred.2 (§ 118.) Sec. 9. Hach department of the city government shall, at least thirty days before the tax levy for the succeeding year, submit in writing.an estimate of revenue required by it, and also a report of its aggregate expenditures for the expiring year, which estimates and reports shall be published at least once a week for the four weeks next preceding the annual tax levy, for the information of the citizens and taxpayers of said eity.7 (§ 119.) See. 10. For the purpose of enabling the City of Memphis to build, repair and improve the streets, highways and bridges within [or which may hereafter be annexed or brought within]* the territory of said city, and to complete the sewer system thereof, the said City of Memphis is hereby au- thorized and empowered to levy and collect an ad valorem tax 2 Sub-Sections 6 to 9, inclusive, passed in 1898. See Acts 1893, page 110. 3 In brackets passed April 22, 1909. See Chapter 243, Acts 1909. CHARTER OF THE CITY OF MEMPHIS. of one dollar on the one hundred dollars of taxable property situated within the limits of said city.’ Said tax shall be payable in five annual installments of twenty cents on the $100 each, and said installments shall be collected upon the State and county assessment preceding said install- ment, and said improvement tax installments shall become due and delinquent at the same time, respectively, as the current taxes of the city.* (3 120.) Sec. 11. Receiver of the City of Memphis. Said taxes shall be collected by the Tax In order to facilitate these improvements, the Board of Fire and Police Commissioners is authorized and empowered to anticipate any special installment of said special tax, and to pledge the same for the repayment of said special tax so anticipated by the city or advanced to it.* (§ 121.) Sec. 12. All taxes levied for the years of 1879 to 1888, both inclusive, may be carried, when collected, to surplus account, and be subject to appropriation to any legitimate cor- porate purpose by the Legislative Council of said city. Acts 1897.) (§ 122.) Sec. 13. All turnpike, highway and bridge taxes collected in territory annexed to the city by any act of the Legislature shall be at once turned over to the Board of Fire and Police Commissioners, to be by them expended upon the turnpikes, highways and bridges in said annexed territory. (§ 123.) Sec. 14. Authority is conferred upon the city, by and through its Legislative Council, by a general ordinance or resolution, to release and have stricken from the tax roll all taxes claimed or alleged to be due for years prior to 1879. (§ 124.) Sec. 15. All revenue arising from assessments on real and personal property, privileges and polls levied on ac- 1 Sub-Sections 6 to 9, inclusive, passed in 1893. See Acts 1893, page 110. 4 Sub-Sections 10 and 11, passed in 1893. See Chapter 10 of Acts of Extraordi- amet Session of 1893, amendatory of Chapter 166, Acts 1899, and Chapter 1, Acts of 1891. (Ch. 224, 93 Paid in five annual in- stallments. To be collect- ed by Tax Re- ceiver, but may be antic- ipated. Taxes of 1879- 1888 carried to surplus account, Turnpike, highway and bridge taxes collected from annexed ter- ritory to be expended therein. Taxes prior to 1879 may be released. 94 CHARTER OF THE CITY OF MEMPHIS. School tax to be paid weekly to treasurer of School Board. Privileges declared. - Privilege taxes—how applied. Fines, ete.—to whom paid over. Payment of salaries, print- ing, ete. Taxes—by whom collect- ed and how paid out. Misappro- priation. count of public schools or public education -in the city, shall be for the use and benefit of the public schools of the city, and when the tax is collected it shall be paid over weekly to the Treasurer of the Board of Education of the city. ' PRIVILEGE TAXES. (§ 125.) Section 1. The following named kinds of business and occupations shall be, and the same are hereby declared taxable — privileges, and shall be taxed as herein provided; and the exer- cising of any of said privileges without first paying the tax hereby fixed, shall be a misdemeanor. : The Council may levy and collect an annual tax on all privi- leges exercised within the city limits, equal to the tax imposed thereon for State purposes,’ said privilege tax to be applied to the paving of streets and construction of sewers or drainage of said territory. All privilege taxes nan for said district shall permanently, and until otherwise enacted, be applied to the paving of streets and construction of sewers and the drain- age of the territory. All moneys derived from fines and for. forfeitures, market and other rents, and inspector’s fees, shall be paid over to the said Trustee and held for payment of sala- ries of Commissioners and any other municipal officer, and for any other legitimate municipal purpose or expense; said taxes shall be collected by the County Trustee in lawful money of the United States, as other State taxes are collected, each fund by him to be kept separate, and to be paid out by him for the purpose specified upon the warrant of three of said Commis- sioners. In no other case shall the fund collected for one pur- pose be used for any other, nor shall said Commissioners issue any warrants unless the money is in the hands of the Trustee at the time to redeem them, under penalty of being held person- ally liable by the holder of the warrant. 1 By Chapter 153 of the Acts of 1885, ad valorem taxes levied for the District become delinquent on the Ist day of May, and by act of February 1, 1905, Coun- cil may provide by ordinance when taxes shall become delinquent. CHARTER OF THE CITY OF MEMPHIS. SF ARTICLE 18. FRONT FOOT ASSESSMENT ACT. CHAPTER 341, ACTS 1907, AND AMENDMENTS OF FEBRUARY 15, 1909. HOUSE BILL NO. 438. AN ACT to Brower municipalities having a population exceed- ing 100,000 inhabitants by the Federal census of 1900 or any subsequent Federal census to open, extend, widen, grade, pave, macadamize, or otherwise improve streets, alleys and high- ways; to levy and collect special taxes and local contributions on real estate abutting the same; to authorize the issuance of certificates of indebtedness to pay for the same; to provide for the redemption of such certificates; and to authorize the creation of improvement districts. (§ 130.) Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in all municipalities of this State having a population of not less than 100,000 inhabitants, accord- ing to the Federal census of 1900, or any subsequent Federal census, it shall be lawful for the legislative bodies of such mu- nicipalities, of their own motion and without petition of prop- erty owners, to provide by ordinance for the improvement of any street, highway or alley or part or parts thereof, in such mu- nicipality by opening, extending, widening, grading, paving, macadamizing, curbing, guttering or otherwise improving, in such manner and with such materials and with such culverts as such legislative bodies may determine, and to provide for mak- ing special levies or assessments upon the land abutting on such street, highway or alley or part or parts thereof to be improved, in the manner hereinafter set forth, to pay two-thirds of the cost of such improvement.’ (§ 131.) (Sec. 2 of Chapter 341 of the Acts of 1907. Repealed. See Section 2 of the Acts of 1909, Senate Bill No. 282.) 1 Amendment Senate Biil 282, Acts of 1909. Giving city initiative for the improve- ment of streets, etc. 96 CHARTER OF THE CITY OF MEMPHIS. Ordinance to be passed or- dering im- provement. Notice of adoption of _ ordinance to be published. What notice to contain. Protests. Board may confirm, mod- ify or rescind ordinance. (§ 182.) (Section 3 of Chapter 341 of the Acts of 1907. Re- pealed. See Section 2 of the Acts of 1909, Senate Bill No. 282.) (§ 1s8 yee. 4. lic improvement authorized by the preceding section, two-thirds Before any work shall be done on any pub- of the cost of which is to be assessed against the property abut- ting on the street, highway or alley, or part or parts thereof to be improved, it shall be the duty of the legislative body of the municipality to adopt an ordinance that such improvement or improvements shall be made, which ordinance shall state the general character of the improvement or improvements, and name the location and terminal points thereof, and the streets, alleys or highways or part or parts thereof on which such im- provement or improvements are to be made. Notice of the adoption of such ordinance shall be given by publishing such notice three times in some daily newspaper of general circula- tion in such municipality. It shall not be necessary to set out in full in such notice said ordinance, and it shall not be necessary to publish such ordinance at all, but such notice shall state the approximate cost of such improvement or improve- ments, and also the time and place, not earlier than ten days from the last date of such publication, at which the legislative body of such municipality shall meet, to hear remonstrances or protests against the making of such improvement or improve- ments. At the time and place thus appointed the legislative body shall meet, and if the legislative body consists of two branches shall meet in joint session, and at said meetings, or at a time and place to which the same may be from time to time ad- journed, all persons whose property will be affected by such 4m- provement or improvements may appear in person or by attor- ney or by petition, and protest against the making of such improvement or improvements, and, after hearing such protests, if any, said legislative body may confirm, modify or rescind such ordinance, in whole or in part.’ 2 Section 4 amendment Senate Bill 282, Acts 1909. CHARTER OF THE CITY OF MEMPHIS. 97 (§ 134.) Sec. 5. If any such improvement is finally ordered, the legislative body of the municipality shall have power and authority, after completion and acceptance thereof by the legis- lative body, to assess two-thirds*of the cost of making any such improvement upon and against the several lots or parcels of land abutting the street, highway or alley or part or parts thereof, improved according to their respective frontages; pro- vided, however, that said assessment upon any lot shall not exceed one-third of the assessed value thereof for city taxes for the current year; and all such assessments shall be and consti- tute a lien on the respective lots or parcels of land upon which they are levied superior to all other liens, except those of the State and county for taxes.’ (§ 135.) Sec. 6. When the amount to be assessed against each lot or parcel of land for any improvement shall have been ascertained, the City Engineer shall cause the same to be en- tered in a well-bound book prepared for the purpose, which shall show the names of the owners of the property assessed, if known, and opposite each name the description of each lot or parcel of land assessed belonging to such owner and the amount as- sessed against each, and shall contain appropriate columns in which payment may be credited and the lien of the assessment marked satisfied by the proper officers of the municipality; and if the name of the owner of property proposed to be assessed be unknown, said book shall contain under the head of ““Owner Unknown” a list of the property to be assessed, the owners of which are unknown. After the completion of the proper entries of each improvement, said book shall be delivered to the City Register or Clerk, who shall thereupon give notice by publication in some daily newspaper of general circulation in said munici- pality that said book of assessment for public improvements has been delivered to him, and is open for inspection at his office; 3 Section 5 amendment Senate Bill 282, Section 5, Acts 1909. Power to assess two- thirds of cost against prop- erty, ete. Lien created. Entry of assessment. Manner of assessment. City Clerk give notice for inspection. 98 CHARTER OF THE CITY OF MEMPHIS. Contents of notice. Objection filed. Assessment— when due. and at a time and place named therein, not less than ten days from the date of publication, the legislative body of such mu- nicipality will meet to hear and determine any objection or de- fense that may be filed in his office by any owner of property proposed to be assessed against the said assessment. Said notice shall also state the general character of the improvement, the terminal points thereof, and the streets, alleys or other high- ways or portions thereof along which it is to be constructed. All persons whose property it is proposed to assess for the cost of said improvement may, at any time on or before the date named in said notice, and before said meeting, file in writing with the Register or Clerk or Secretary of the municipality, or in his office, any objection or defense to the proposed assessment against his property or to the amount thereof; and at a meeting on the date named, or any date to which said meeting may be ad- journed, said legislative body of said municipality shall hear and determine said objection or defense, and, after so doing, shall confirm, modify or set aside the assessment. If no objec- tion or defense to the assessment or to the amount thereof is filed, or if the property owner fail to appear in person or by attorney and insist upon the same, the assessment shall be con- firmed and made final. (§ 136.) Sec. 7. All assessments levied by virtue of this act shall be due and payable within thirty days after the assess- ment is made final as aforesaid, but at the election. of the prop- erty owner, to be expressed by notice as hereinafter provided, said assessment may be paid in five annual installments, and shall bear interest at the rate of six per cent. per annum, interest payable annually; that a property owner desiring to exercise the privilege of payment by installments shall, before the expiration Agreement for of the thirty days aforesaid, enter into an agreement in writing payment by installment. with the municipality that, in consideration of such privilege, he will make no objection to any illegality or irregularity with regard to the assessment against his property, and will pay CHARTER OF THE CITY OF MEMPHIS. the same, as required by law, with the specified interest; that such agreement shall be filed in the office of the Register, Clerk or Secretary of the municipality, and in all cases where such agreement has not been signed and filed within the time lim- ited, the entire assessment shall be payable in cash, without interest, before the expiration of said thirty days; provided, that any property owner who shall have elected to pay his assessment in five annual installments shall have the right and privilege of paying up the assessment in full at any installment period by paying the full amount of the installments, together with all ac- crued interest thereon. Should such property owner elect to pay off his installments in full between the installment periods, all assessments or installments thereof shall be payable to the City Tax Receiver or Treasurer, whose duty it shall be to re- ceive the same and give proper receipts therefor and enter the proper credit and satisfaction. (§ 137.) in the payment of any installment and interest, the entire un- Sec. 8.. Upon default for the period of thirty days paid assessment shall immediately become due and payable and the lien thereof foreclosed, and collection enforced by the mu- nicipality. The property thus sold may be redeemed at any time during a period of two years after said sale by paying costs, penalties, and interest having accrued on account of said sale. (§ 138.) debtedness, as provided in Section 9 of said Chapter 341 of the Sec. 9. That, instead of issuing certificates of in- laws of 1907, legislative bodies of such municipalities shall have ‘power, at their option, to issue negotiable bonds of the munici- pality to an amount in par value not exceeding two-thirds of the estimated cost of any such improvement or improvements, which cost shall for this purpose be estimated by the legislative body in the ordinance authorizing the issue of Said bonds; such bonds shall be payable to bearer in lawful money of the United States, 99 Payment be- fore due. To whom paid. Default in payment. Redemption. Bonds. Board may issue bonds not exceeding two-thirds of estimated cost (instead of certificates). * 100 CHARTER OF THE CITY OF MEMPHIS. Coupons. Interest. Council may provide for payment of bonds at any interest pay- ing period. Bonds re- deemed _ be- fore maturity —how and when. Sale of bonds. General obligation. either at the office of the Treasurer of the municipality,.or at such other place in the United States as may be designated in the bond, and be in such form and signed by such officers as may be provided in the ordinance directing their issue. Coupons may bear a fac simile signature or signatures. In case any of such officers whose signatures appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery of the bonds. The bonds shall run for one, two, three, four and five years, and bear interest at a rate not exceeding six per centum per annum, as may be desig- nated in the bonds, payable semi-annually, and such bonds shall be of such denomination as the legislative body may direct. The municipality may, in its discretion, in such ordinance provide that any bonds shall be payable at the option of the municipality at any interest-paying period, and in the event of bonds being thus made payable at the option of the municipality before ma- turity, and in the event that the municipality shall elect to pay any such bond in full at any interest period before its maturity, it shall pay as a bonus to the holder thereof a sum equal to one-half of the annual interest thereon for one year; provided, however, that the legislative body shall give public notice before any such interest period by publication three times once a week for three consecutive weeks in a daily newspaper published in such municipality, the first publication to be not less than thirty days prior to the interest period at which it is proposed to re- deem the bonds, such notice stating the intention to redeem the bonds and describing them by number and series. The munici- pality shall have no right or option to pay any bonds prior to maturity, unless such right or option is expressly reserved in the bonds. Said bonds shall be sold at public or private sale at not less than par and accrued interest. Such bonds shall be the absolute and general obligation of the municipality. The CHARTER OF THE CITY OF MEMPHIS. legislative body of the municipality shall provide by ordinance that the assessments levied upon the property abutting on the streets, alleys or highways, or part or parts thereof in respect of which any such bonds are issued, shall be set apart as a fund for the payment of such bonds and interest. It shall be the duty of the legislative body of the municipality to levy an ad valorem tax upon all the taxable property in the municipality to pay the principal and interest of said bonds as it becomes due, or to pay such part or parts thereof as are not provided for by the assessments levied and actually collected and in the treasury of the municipality set apart for the payment of such bonds and interest. Such tax shall be in addition to all other taxes which such municipality is by law authorized to levy; any ordinance authorizing the issuance of any such bonds may be passed by both branches of the legislative body, if there be two branches, in joint session, upon two readings, one reading being on each of two separate days, the ordinance to be approved by the Mayor or passed over the veto of the Mayor by a vote of not less than two-thirds of the total number of members-elect of the joint ses- sion, and neither such ordinance, nor the bill for the same, need be published at any time before passage, and after passage the ordinance need be published only once in some daily newspaper published in the municipality. Such ordinance may, in the dis- cretion of the legislative body, provide for the issuance of bonds in one lot or amount in respect of any one or more of such im- provements on one or more streets, alleys or highways or part or parts thereof, and may, in the discretion of the legislative body, provide that any assessments levied in respect of any such improvement or improvements on one or more streets, alleys or highways or part or parts thereof, may be applied as a whole toward payment of such entire lot or amount of bonds or interest thereon, and it shall not be necessary that each assessment for each separate improvement shall be kept separate and applied to the bonds issued in respect of that particular improvement. 101 Assessments set aside for payment of bonds, ete. Levy tax in addition to other taxes, to pay bonds and interest. Ordinance authorizing issuance— how passed. Publication. Assesssments may be ap- plied in pay- ment of en- tire lot of bonds, etc. 102 CHARTER OF THE CITY OF MEMPHIS. Award of bonds. Issuance of bonds; no steps other than herein provided. Form of bond. After the passage of any ordinance authorizing the issue of bonds, any proceeding authorizing the advertisement or sale or award of the bonds may be taken by order made at a joint session of the two branches of the legislative body, if there be two branches, and need not be by ordinance. No proceedings on the part of any such municipality in re- spect of the issuance of any such bonds shall be necessary except such proceedings as are required. by this act. Any such bonds may, in the discretion of the legislative body of the municipality, be issued in substantially the following form, or in such other form as the legislative body of the municipality may, from time to time, prescribe: UNITED STATES OF AMERICA, STATE OF TENNESSEE. CTEY OF peau a eek ore No. SERIES Deke ee PRE MCILY, 40th tate iel 5 kane , a municipal corporation organized and existing under the laws of the State of Tennessee, for value received, hereby acknowledges itself indebted and promises to pay to the. bearer the ‘sum -of)'$...0006)..64% , in lawful money of the’ United States; on ‘the first day of... ... >see eee DD cttes with interest thereon at the rate of........ per centum per an- num, payable semi-annually on the first days of................ ANG now eee in each year until this bond is paid, upon presentation and surrender of the annexed coupons as they sev- erally fall due, both principal and interest being payable at the office cof the sCitys ot ah ese INS eee Tennes- see, or ab athe. Office “Obs uae t. cocae are IN. oi) oe ee are the option of the holder. This bond is issued under and in pursuance of and in strict conformity with an act of the General Assembly of the State of Tennessee, approved April 11, 1907, being Chapter 341 of the Acts of the year 1907, and other statutes and the Constitution of said State and the charter of said city, in such cases made and CHARTER OF THE CITY OF MEMPHIS. provided and under and pursuant to ordinances and proceedings of said city, duly adopted and had, to provide means to pay not exceeding two-thirds of the estimated cost of certain street im- provements. It is hereby certified, recited and declared that all acts, condi- tions and things required to be done, exist and be performed precedent to and in the issuance of this bond, in order to make this bond a legal, valid and binding obligation of the City of on See have been done, existed and been performed ‘in regular and due time, form and manner as required by law, and that the indebtedness represented by this bond, together with all other indebtedness of said city, does not exceed any limit prescribed by the Constitution or statutes of said State or the charter of said city. The full faith and credit of the 0 a rr are hereby pledged for the prompt pay- ment of the principal and interest of this bond as the same become due. In witness whereof, the Mayor of said City of................ (2 ON te | a of said city have signed this bond and attached the seal of said city, and caused the interest cou- pons hereto attached to be signed with the fac simile signatures meesiMavor atd- said City. ....... 2. beet , and this bond be If the municipality reserves the right or option to pay off said bonds before maturity, such right or option shall be ex- pressly reserved in the bonds, and the language of such reserva- tion inserted in such case in the bond may be substantially as follows, or in any other appropriate language: PORCeIL US OLs 5 6s. psc ee vos hereby reserves the right and option to pay off this bond at any interest-paying period before ma- mbiuyseatds inthe event the City’ of: ic.. es. esack. ss shall elect 103 104 Certificates of indebtedness. CHARTER OF THE CITY OF MEMPHIS. to pay off this bond in full at any interest period before ma- turity, it shall and will pay as a bonus to the holder thereof a sum equal to one-half of the annual interest thereon for one year; provided, however, that the legislative body of said mu- nicipality shall give public notice before such interest period by publication three times once a week for three consecutive weeks in a daily newspaper published in the City of Filia aus Breau, Comet , the first publication to be not less than thirty days prior to the interest period of this bond, stating its inten- tion to redeem the same, and describing the same by number and series. ForM OF COUPON. NGite Ras Wee Bren ee ae On the rst day sof. is. ot ave eee ae 19...5,: the City: of sone LEDA Re Babe vacted Caan ees ore , Tennessee, will pay to the bearer at the office ef- the -Cityashe.s foc eesaketcs Cs MMMM Ser 5 at , Ten- nessee;. .orvat-the “otfice sof. G.....6 a. eee , IN. ive ee eee ee ; at the option of the holder, ............ dollars, being six months interest then due on street improvement bond of said city, dated (§ 1389.) [See. 9a. After the construction of any improvement shall have been finally ordered and entire cost thereof estimated, the fesieietive body shall have the power and authority for the purpose of providing means to pay the expense of said improve- ment, to order the issue of, and issue and sell at not less than par, certificates of indebtedness at an amount not to exceed three- fourths of the estimated cost of said improvement. Said certifi- cates shall be negotiable, payable to bearers, and shall have attached thereto coupons for the interest thereon, and shall be payable in lawful money of the United States and be in such form as may be provided in the ordinance directing such issue. 1 Section 9 is the amendment of 1909, Senate Bill 282, Section 5. CHARTER OF THE CITY OF MEMPHIS. 105 The certificates shall run for one, two, three, four and five years, and bear interest at the rate of six per cent. per annum, payable semi-annually, at such place or places as may be named therein, and shall be in such denominations as said legislative body may direct. Any certificates of indebtedness issued hereunder shall be payable at the option of the municipality at any interest-paying period. In the event such municipality should elect to pay off any such certificate in full at any interest period, it shall pay- as a bonus to the holder thereof a sum equal to one-half of the annual interest thereon for one year; provided, however, that said legislative body shall give public notice before such interest period by publication three times, once a week for three consecu- tive weeks, in a daily paper published in such municipality, the first publication to be not less than thirty days prior to the interest period of said certificates proposed to be redeemed, stating its intention to redeem the same and describing the same by number and series. They shall state on their face the cap- tion and number of the ordinance under which said improve- ment is constructed, and said ordinance shall state the general character of the improvement to pay for which they shall be issued, and the terminal points thereof, and the streets, highways or alleys or parts thereof along which the improvement is to be constructed as hereinbefore provided. They shall be issued ynoder the corporate seal of such municipality, and the certificate shall be signed by the chief officer and Register or Clerk of said municipality, and the coupon shall bear the fac simile signature of said chief officer and Clerk or Register; provided, however, that the validity of said certificates shall be in no wise affected by reason of any defect in the form thereof, or any omission therefrom. The proceeds arising from the sale of said certifi- cates, or so much thereof as may be necessary, shall be applied exclusively to the payment of the cost of the improvement, to pay for which said certificates were issued; but if there should remain any surplus after paying such cost, the same shall be When payable. Form of certificate. Validity un- affected by form. Proceeds— how used. 106 CHARTER OF THE CITY OF MEMPHIS. City may borrow and advance. May issue direct to contractor. Separate fund. and become a part of the fund pledged for the payment of said - certificates; provided, however, that the legislative body of such. municipality may borrow money and advance the same for: the construction of such work and improvement; and, after the completion of such work and assessment of the cost thereof shall. have been made final, the said legislative body may then issue and sell berafestce as hereinbefore provided in such amounts. as may be necessary to pay two-thirds of the cost of said im- provements, including such amounts as may be borrowed for that purpose, and all interest and other expenses so incurred for the. construction of said improvements, as hereinbefore provided, shall be charged and assessed as a part of the cost of such im- provements upon the property assessed for the same. But said legislative body may provide in the ordinance ordering the im- provement to be constructed, or in the agreement with the con- tractor by whom it is to be done, for the issue of all or a part of such certificates directly to the contractor, at not less than par value in part or in full payment of the contract price, in. which case the certificates shall be delivered to the contractor upon completion and acceptance of the work and allowance of the final estimate. |* (§ 140.) Sec. 10. The proceeds arising from the collection of assessment levied for each improvement shall be and consti- tute a separate and distinct fund, and each such fund, together’ with its accumulations, is hereby pledged for the payment of the certificates and interest coupons issued for the improvement, from the assessment of which said fund arises, and shall be applied exclusively to the payment of said certificates and cou- pons.? It shall be the duty of the Treasurer or Tax Receiver of such municipality to keep an accurate account of all funds 1 Section 9a, original Secticn 9 of Chapter 341, Acts of 1907, same being © amended in part by Section 9 preceding. : 2 Paragraph 1 of Section 10, Chapter 341, Acts 1907, amended by Senate Bill 282, Acts 1909, Section 5 (Section 9 in this Article). CHARTER OF THE CITY OF MEMPHIS. arising from all assessments for public improvements under this act, and to carefully and accurately keep a separate account of the funds arising from the collection of assessments for each particular improvement, and no proceeds arising from assess- ments levied for one improvement shall be diverted to the pay- ment of the certificates issued for any other improvement, or to the payment of any other indebtedness of such municipality; provided, however, that if at any time the amount of any par- ticular fund shall exceed the amount of any outstanding certifi- cates and interest entitled to payment out of such fund after the payment of any sum that such municipality may have advanced or borrowed for the purpose of constructing said improvement, the legislative body of said municipality shall apply such sur: plus to the redemption of certificates issued for such improve- ments as hereinbefore provided, and all certificates so redeemed shall be canceled; provided, further, that said legislative body shall have the power, after the expiration of sixty days from the date of the final assessment for any improvement, if no cer- tificates of indebtedness for said improvement have been issued and sold, to order the payment out of the proper fund to the contractor who constructed the improvement of all or any part of the assessment for said improvement previously collected, or to reimburse from said collection the general funds of the city to the extent of any money advanced out of the general fund or borrowed to pay the cost of said improvement, and to issue and sell certificates as hereinbefore provided, either to the contractor in full settlement, or to others, to an amount not exceeding the balance due the contractor and the general fund of the city, or borrowed for such purpose. If there shall be any surplus arising from the sale of certificates issued for any improvements above the cost of said improvement, said surplus shall be and become a part of the fund levied for said improvement, and shall be kept and applied in the manner as said fund is herein required to be kept and applied. All pro- 107 Separate ac- counts to be kept. Certificates to be retired. Fund may be paid direct to contractor. 108 CHARTER OF THE CITY OF MEMPHIS. Public im- provement fund kept separate from general fund. Officers caus- ing diversion of fund per- sonally liable. Redemption. ceeds arising from the collection of assessments levied for an improvement shall, as soon as collected, be deposited by the City Treasurer or Tax Receiver, in some bank designated by the legislative body of such city, and such collection shall not be deposited with the general funds of the city, but shall be considered a separate deposit to the account of “Public Improve- ment,’ and shall be drawn out on checks or order directing the amount designated therein to be paid out of the public improve- ment fund. The City Treasurer or Tax Receiver shall be liable on his official bond to any holder of the certificates of indebt- edness authorized by this act for any loss or injury to such cer- tificate holder caused by the diversion by said officer of any fund or part thereof to the payment of any bond, certificate of indebtedness, or interest coupons or indebtedness of the city other than the certificates and interest coupons and indebtedness herein authorized to be paid out of said fund, or by the use or ea inaronentinn by said officer of any part of the fund out of which said certificates are required and contemplated herein to be paid for any other purpose than herein provided for, or for the benefit of the city or. others; and all members of said legis- lative body who shall by their vote, or in any other manner, cause, aid or encourage any such diversion, use or misappro- priation of the fund out of which the certificate holders are enti- tled to be paid for any other purpose than that authorized and required herein whereby loss or injury to the certificate holders, or any of them, is caused, shall be jointly and severally liable to such certificate holders injured to the extent of such loss or injury. (§ 141.) Sec. 11. When the amount of the fund arising from the collection of assessments levied for any improvement shall, with its accumulations, equal the amount of the outstanding cer- tificates and accrued interest entitled to payment out of such fund, the legislative body of such municipality shall have au- thority to redeem any and all certificates that may be presented CHARTER OF THE CITY OF MEMPHIS. 109 for redemption at such time thereafter as the holders may de- sire to present them for redemption. (§ 142.) Sec. 12. Such legislative body shall have authority Sale as for to sell all property against which an assessment has been levied Ne ea at any time after said assessment shall have become due to sat- isfy the same, together with all costs, and such sale shall be governed as to notice, terms, costs and in all other respects, ex- cept as to the time of sale, by the laws and ordinances of such municipality now in force, or which may hereafter be enacted, providing for the sale of real estate for city taxes. But such May sell by legislative body shall have power to adopt other and different pein? laws and ordinances governing and regulating such sales of real estate for said assessments, and, in addition to such remedy by sale for the enforcement of the collection of said assessment, the lien of said assessment, irrespective of the amount thereof, may be foreclosed by a proceeding instituted in any» court of compe- tent jurisdiction, and in all such proceedings any number of per- sons, the assessments against whose property are in default, may be joined as defendants; provided, that after maturity of Certificate holders may any of the certificates of indebtedness issued for any improve- ™aintain bill. ment, the holders of the outstanding certificates, or any otf them, may maintain a bill of equity in his or their name to foreclose the lien of said assessment, irrespective of the amount thereof, and may recover interest, costs and reasonable attor- neys’ fees; and in such bill any number of persons, the assess- ments against whom are in default, may be joined as defend- ants. In such suits the lien shall be foreclosed for the whole amount of the unpaid assessment against the property of said defendant, and the recovery shall inure to the benefit of all the certificate holders. (§ 143.) Sec. 18. If any assessment levied on property for Reassessment, if original, any improvement authorized by this act be declared invalid, invalid. by reason of some mistake ox irregularities in the proceeding, 110 Proportion to be paid by railroads. Does not af- fect sidewalk improvement. CHARTER OF THE CITY OF MEMPHIS. the legislative body of said municipality shall have power, at any time before the expiration of three years from maturity of the certificates issued for the improvement for which assess- ment was levied to reassess said property; and may, when nec- essary, reassess all property abutting upon the street, highway or alley improved, the assessment for which has not been paid. (§ 144.) Sec. 14. Should there be a street, electric or steam railroad track or tracks on any street, alley or highway improved under this act, the cost of such improvements between the rails and the spaces between such tracks and two feet beyond the outer rails, including switches and turnouts, shall be paid by the owners of such railroads, and shall be assessed and col- lected from such owner, and shall be a lien upon the railroad and the property used in connection therewith; and, in the event a culvert be constructed, which drains streets or high- ways on which there is a street, electric or other railroad, there shall be assessed against such railroad a fair and just propor- tion of the cost of construction of such culvert, to be deter- mined by such legislative body, and such assessment shall be a lien like other assessments, and may be collected in like man- ner; provided, however, that where any such railroad shall occupy any street, alley or highway under ordinance or contract with the municipality it shall pay or improve according to the provi- sions of such ordinance or contract. ($2145.55 5eG: 215. Nothing in this act shall be so construed as to take from the legislative body of any municipality, or in any way affect its power or authority to compel property own- ers, by penal ordinance or otherwise, to repair the sidewalks: in front of their property in such manner and with such ma- terials as may be directed, and under supervision of the City Engineer or other officer or agent of the city, or to cause such repairs to be made at the expense of the property owner. | CHARTER OF THE CITY OF MEMPHIS. { 111 (§ 146.) Sec. 16. Whenever, in the judement/‘of the legis- lative body of such municipality, it may be necessary or expe- dient for the carrying out and full exercise of the powers thereby granted, said municipality shall have full power and authority to acquire, by purchase or condemnation of the necessary lands or rights or easements, and may proceed to condemn in the man- ner provided by the general laws of the State governing the taking of land or the acquiring of an interest therein for the uses for which private property may be taken, and such proceedings may be governed in every respect by the general laws of the State pertaining thereto. (§ 147.) Sec. 17. The full faith and credit of any munici- pality issuing certificates of indebtedness to pay for improve- ments under the provisions of this act is hereby pledged for the payment of such certificates, with interest; according to their tenor. (§ 148.) Sec. 18. Whenever any improvement is made, under the provisions of this act, for which it is herein provided that two-thirds of the cost thereof shall be paid by the owners of abut- ting real property, the municipality within whose corporate limits such improvement is made shall pay the remaining one-third of such cost out of any funds available or provided for that pur- pose. (§ 149.) Sec. 19. In the event a petition be presented to the legislative body of the municipality averring the willingness of each of the signers to pay his or her pro rata share of the entire cost of any improvement such as is authorized by this act and relieve the municipality from the payment of any part thereof as to any street, highway or alley or part or parts thereof, which petition is signed by the owners of at least seventy-five per centum of the frontage of the lots or parcels of land abutting on such street, highway or alley or part or parts thereof proposed to be thus improved, such petition may be granted by the legislative Right of emi- nent domain. City pay —how. Petitions for improvement signed by 75 per cent of property own- ers. Bonds may issue’ for entire cost, ete, 112 CHARTER OF THE CITY OF MEMPHIS. Assessment not to exceed one-third of assessed value wf any one lot. Compensa- tion of Tax Receiver. Clerk. Ordinances under this act—how passed, pub- lished. body, and thereupon proceedings may be had under this act the same in all respects as if the improvement had been begun by the legislative body on its own initiative, and bonds or certifi- cates of indebtedness may be issued and assessments may be made, except that the assessments shall, in such event, be made for the entire cost of the improvement and bonds or certificates of indebtedness may be issued for the entire cost, instead of assessments being made and bonds or certificates of indebtedness being issued for only two-thirds of the cost thereof; provided, that no assessment under this section shall, in any event, exceed on any lot one-third of the assessed value of such lot for mu- nicipal taxes for the current year, and all other provisions ot said Chapter 341, as amended by this act, shall be applicable in respect of any improvement made under this section, except as in this section otherwise expressly provided. This section is hereby declared to be separate from the remainder of the act, and the validity or invalidity of this section shall not affect the remainder of the act.? (§ 150.) ' Sec. 20. Be it further enacted, That the said City Tax Receiver or Treasurer herein provided for shall receive the same compensation for collecting the moneys herein provided for as he does for collecting other city taxes, and said City Tax Receiver or Treasurer may appoint one clerk at a salary not to exceed one hundred dollars ($100) per month, said salary to be paid out of the moneys collected under this act, and ‘Said salary to begin at the discretion of the municipal council. (§ 151.) Sec. 21. Be it further enacted, That in case the leg- islative body of any municipality falling within the provisions of said Chapter 341 of the laws of 1907 has two branches, then any ordinance to be passed under said Chapter 341, or under said Chapter 341 as amended by this act, may be passed by the two branches in joint session upon two readings, one reading being 1 Section 19, Acts 1907, as amended by Senate Bill 282, Acts 1909. CHARTER OF THE CITY OF MEMPHIS. on each of two separate days, the ordinance to be approved by the Mayor or passed over the veto of the Mayor by a vote ot not less than two-thirds of the total number of members-elect of the joint session, and neither such ordinance nor the bill for. the same need be published at any time before passage, and after passage the ordinance need be published only once in some daily newspaper published in the municipality; provided, that the ordinance required in Section 4 of this act to be passed need not itself be published, but only notice thereof as provided in Section 4. Any ordinance or orders made at or after any hear- ings given by any such joint session with respect to the matters mentioned or provided for in said Chapter 341 of the laws of 1907, or in said Chapter 341 as amended by this act, shall be valid without any separate action by each chamber. Votes in any joint session provided for in this act shall be taken by the members of both branches voting together as one body, in which each member of either branch is entitled to one vote. A majority of the total membership-elect of both branches shall be a quorum of the one joint body. (§ 152.) Sec. 22. Be it further enacted, That in case a lot or parcel of land against which any assessment has been or shall be made or attempted to be made, as provided for in Section 6, or other parts of said Chapter 341 of the laws of 1907, or said Chapter 341 as amended by this act, is not fully described in any assessment book, ordinance or notice, or in any other place or proceeding, then, in order to fix the identity of the lot or parcel, reference may be had to any plat, petition or other docu- ment or paper on file in the proceedings for the making of the improvement or for the assessment of the land, or evidence aliunde may be heard or vagueness of description or misde- scription or want of description shall not defeat the lien on any lot or parcel of land for its proportion of the assessment for any such improvement on the street, alley or highway or part or parts thereof abutting on such lot or parcel of land. 113 Vagueness of description; identity de- termined —how. Not to de- feat lien. 114 CHARTER OF THE CITY OF MEMPHIS. Cost of re- laying sewers, or laying new lines of pipe; drainage, oil- ing streets, etc., may be included in cost of im- provement. Power to levy assessments to eontinue; pro- ceeds pledged for payment of bonds. Council to ascertain in advance moneys on hand to meet principal and interest, etc. (§ 153.) Sec. 23. Be it further enacted, That in case, in the opinion of the legislative body, it becomes necessary or proper, in the making of any such improvement on any street, highway or alley or part or parts thereof, for the municipality either itself to relay, or through a water company to cause to be re- laid, any water pipes or to lay new water pipes, or it becomes: necessary or proper for the municipality to relay sewer drains or build new sewers or for water or sewer connections to be repaired or replaced or otherwise reconstructed or improved, or it becomes necessary or proper to provide for drainage or oiling of the street improvement, or it becomes necessary or proper to make other improvements, then the cost of any and all such improvements, or any part thereof, may, in the discretion of the legislative body, be included in the cost of the improvement, two-thirds of which cost may be assessed against the abutting property, as provided in said Chapter 341, or in said Chapter 341 as amended by this act. (§ 154.) Sec. 24. Be it further enacted, That in the event of the issuance of bonds as in this act provided, or in the event of the issuance of certificates of indebtedness as provided in said Chapter 341 of the Acts of 1907, or as provided in said Chapter 341 as amended by this act, or in the event of the issu- ance of some bonds and of some certificates of indebtedness, the power and authority to levy assessments as provided in said Chapter 341. of the Acts of 1907, or as provided in this act as the case may be, shall continue to exist, and the proceeds aris- ing from the collection of assessments shall be and are hereby pledged for the payment of such. bonds and interest or such certificates and interest as the case may be and shall be applied to that purpose. It shall be the duty of the legislative body of the municipality to ascertain in. due season, in advance of the time for the payment of the principal or interest or both of any and all such certificates of indebtedness already issued or hereinafter issued, and in advance of the time for the payment of the principal or interest or both of any such bonds, whether CHARTER OF THE CITY OF MEMPHIS. or not there is or will be sufficient moneys provided by the as- sessments levied and actually collected and in the treasury of the municipality set apart for the payment of the principal and interest of such certificates of indebtedness and bonds as the same respectively from time to time become due; and it shall be the duty of the legislative body of the municipality, in due season in advance, to levy an ad valorem tax upon all the taxa- ble property in the municipality sufficient to pay the principal and interest of such certificates and such bonds as they respec- tively become due from time to time or to pay such part or parts thereof as are not or will not be fully provided for by the assessments levied and actually collected and in the treasury of the municipality in season for the payment of the principal and interest of such certificates of indebtedness and bonds as the same respectively from time to time become due. In case the municipality shall levy and collect ad valorem taxes for the purposes of paying the principal and interest of any certificates of indebtedness or bonds, or any part thereof, the municipality shall nevertheless have the power and authority to proceed with the levy and collection of assessments, and such assessments or part thereof sufficient for the purpose shall be paid into the treasury of the municipality to reimburse the treasury for the amount thus paid out of such ad valorem taxes, and such moneys thus reimbursed to the treasury shall be used under the direc- tion of the legislative body of the municipality for any lawful corporate purpose for which ad valorem taxes may legally be levied and collected. (§ 155.) Sec. 25. Be it further enacted, That any failure on the part of any municipality to comply with any of the provi- sions of said Chapter 341 of the laws of 1907, or said Chapter 341 as amended by this act, and any failure in the existence or performance of any of the conditions precedent to the issu- ance of any certificates of indebtedness or bonds under said 115 May levy tax to meet prin- cipal and in- terest. Assessments to reimburse city may be used for other purposes, etc. Curative act. 116 Improvements begun prior to passage of this act may . be completed —how. CHARTER OF THE CITY OF’ MEMPHIS. Chapter 341, or under said Chapter 341 as amended by this act, shall not affect the validity of such certificates of indebtedness or bonds or of the assessments made under said Chapter 341, but the same shall be, in all respects, valid and binding. Any certificates of indebtedness heretofore issued or hereafter issued under said Chapter 341, or said Chapter 341 as amended by this act, shall be, and are hereby, declared to be the absolute obliga- tions of the municipality by which issued. In the event that for any reason the amount of the assessments levied and ac- tually collected and set apart in the treasury of the munici- pality for the payment of principal and interest of any such cer- tificates of indebtedness shall not be sufficient to make such pay- ment, the legislative body of the municipality shall be, and is hereby, authorized and directed to levy and collect, in addition to all other taxes authorized by law, an ad valorem tax upon all the taxable property in such municipality sufficient to pro- vide for the payment of the principal and interest of such cer- tificates as the same Lecomes due. (§ 156.) Sec. 26. Be it further enacted, That any proceedings already commenced under said Chapter 341 of the laws of 1907, may be carried to a conclusion under said chapter as originally enacted, notwithstanding the amendment to said Chapter 341 by this act, and notwithstanding the repeal of certain sections of said Chapter 341 by this act, the same in all respects as if said Chapter 341 should stand without any amendment or re- peal or any proceedings already begun under said Chapter 341 may be carried to a conclusion partly under said Chapter 341 as originally enacted, and partly under Chapter 341 as amended by this act, and as partly repealed by this act, and in such event either certificates of indebtedness or bonds may be issued, as the legislative body of the municipality may, in its discretion, determine: or in case any proceedings have been begun under said Chapter 341, such proceedings may be carried on wholly under the provisions of said Chapter 341, as amended by this \ CHARTER OF THE CITY OF MEMPHIS. 7 act, and as partly repealed by this act, and in such event either bonds or certificates of indebtedness may be issued in accord- ance with the provisions of this act.’ CHAPTER 587, ACTS 1909. (§ 156a.) Section 1. Be it enacted by the General Assembly of the State of Tennessee, That, for the purpose of enabling the City of Memphis to improve its streets, alley and highways, and to build sewers therein, said city is hereby authorized, by and through its Legislative Council, to issue one million ($1,- 000,000.00) dollars of negotiable coupon bonds, which said bonds and coupons may be made payable at such place or places within or without the State, as the said Legislative Council may deter- mine; shall mature in not less than twenty nor more than fifty years from date; may be made payable, principal and interest, in legal tender of the United States; and the interest thereon, which shall not exceed four and one-half per centum per an- num, shall be payable semi-annually, the interest to be evidenced by coupons attached to the bonds. Said bonds may be issued in denominations of $500.00 or $1,000.00, and at such time or times as may he ordered by the Legislative Council, and shall be signed by the Mayor and City Register, and the coupons at- tached thereon shall bear the lithographed signature of the said Mayor. Provided, that not more than $425,000 of said bonds may be issued and sold during the year 1909, out of which the overcheck in the Engineering Department on January ist, 1909, is to be paid, and the balance to be used for new work in 1909; and, provided further, that the balance of said bonds provided for herein at such times after January ist, 1910, and in such amounts as the Council may determine. (§ 156b.) Sec. 2. Said bonds shall be sold at public or pri- vate sale, by order of the Legislative Council, at such times and 1 Sections 1, 4, 5, 9, 19, 21, 22, 23, 24, 25 and 26 are amendments of 1909 Sen- ate Bill 282; tle remaining sections are Chapter 341 of the Acts of 1907. Bonds to improve streets, build sewers, etc. Term. Interest. Proceeds— how applied. Sale of bonds. 118 CHARTER OF THE CITY OF MEMPHIS. Commission. Form of bonds. places, and in such manner as it deems best; provided none of said bonds shall be sold at less than par and accrued interest; but nothing in this act contained shall be taken as prohibiting said city from paying reasonable brokerage to the purchaser or others from the sale of the bonds under this act, provided such brokerage shall not exceed one-eighth of one per cent. on the amount sold. (§ 156c.) Sec. 3. Be it further enacted, That said bonds may in form be substantially as follows: UNITED STATES OF AMERICA, STATE OF TENNESSEE, City oF MEMPHIS. IMPROVEMENT BONDS. Know all men by these presents that the City of Memphis, a municipal corporation organized and existing under the laws of the State of Tennessee, hereby acknowledges itself indebted and promises to pay bearer the sum of ...... ie leh eter nes GPA especie ane Se )° ‘dollars’ on” Thesis .% Si oee ee ee day of TE ANAT MR ee ge ei | 19...., with interest thereon at the rate ros Wh Blog (Pape ran tor Sy per cent. per annum, payable semi-annually on iV Ci Wi haae Mane Mab ai ae Min k= 8 Bo GAY GOL. eee rk wi eee Oe rea SNARES renal earns 28 Seen maton Gay “Of Fo a ie oe a ee eee entation and surrender of the coupons hereto annexed as they severally become due, both principal and interest, in lawful money of the United States of America, at the City Hall in Mem- phis, Tennessee, or, at the option of the holder, at the.......... Bs ctis sev stamens in the city and State of New York. This bond is one of a series of bonds issued for the purpose of improving the streets, alleys and highways of said city and building sewers therein, pursuant to Chapter............ of the Acts of Tennessee for the year 1909. This bond is issued under and pursuant to, and in strict conformity with, the Constitution and statutes of the State of Tennessee and charter of the said CHARTER OF THE CITY OF MEMPHIS. Ciy of Memphis, and amendments thereto, and ordinances or pro- ceedings duly passed and adopted. It is hereby certified, recited and declared that all acts, con- ditions and things required to be done, exist, happen and be performed precedent to and in the issuance of this bond, have been done, have existed, and have happened and been performed in regular and due form and manner, as required by the Con- stitution and statutes of said State and the charter of said city; and that this bond, together with all other indebtedness of said City of Memphis, does not exceed any limit prescribed by the Constitution or statutes of said State or charter of said city. The full faith and credit of said City of Memphis is hereby pledged for the payment of the principal and interest of this bond, as the same respectively becomes due; and for the levy and collection of sufficient taxes for that purpose. In witness whereof, said City of Memphis has caused this bond to be signed by its Mayor and the City Register, and the cor- porate seal of said city to be affixed hereto, and the coupons attached to this bond to bear the engraved or lithographed sig- nature of the Mayor, and this bond to be dated the.............. the City of Memphis, State of Tennessee, will pay to bearer Ps Cielo so Packie, Vie 0 dollars, lawful money of the United States, at the City Hall in Memphis, Tennessee, or, at the option of PEPE CT ALO UDC ct, riches oa tis ce 2 in the city and State: of New York, being six months interest then due on Improvement BU SPOLTOATUoCIL Yr CALCG sc os ss ks wie we aren ok Loins 119 Credit of city pledged for payment. Form of coupon. 120 Signatures on bonds valid. Proceeds— how to be used. May or may not be sub- ject to call. Levy tax to meet interest. CHARTER OF THE CITY OF MEMPHIS. In case any of such officers whose signatures appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signatures shall never- theless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery of the bonds. The moneys arising from the sale of the bonds herein author- ized shall be used by the Legislative Council in such manner as may be prescribed by ordinance to improve the streets, alleys and highways of the city, and to build sewers therein, and for no other purposes whatever, but the purchasers of said bonds from the city shall not be bound to see to the application of the purchase money. (§ 156d.) Sec. 4. The bonds herein authorized to be issued may or may not be subject to call, as the Legislative Council may determine; and, if subject to call, the time, manner and details thereof shall be determined by said Council, and the form of bond herein prescribed shall be modified accordingly. (§ 156e.) Sec. 5. Be it further enacted, That, for the purpose of securing the payment of the interest and principal on and of the bonds herein authorized to be issued, said city, by its Legis- lative Council, or any other governing body or legislative agency that may be substituted therefor, shall have full and irrevocable power, and is hereby ordered to levy and collect, in addition to all other taxes authorized by law, an annual tax sufficient to meet the interest thereon as it matures, and like power to levy and collect a tax sufficient to pay the principal thereof as the same shall mature. : The faith of the State is hereby pledged to the levy of the taxes as hereby provided, and to the continued existence of the power and duty of said city to levy and collect sufficient taxes to pay the interest and principal of said bonds as the same respectively mature. CHARTER OF THE CITY OF MEMPHIS. 121 (§ 156f.) Sec. 6. This act shall, without reference to any other act of the General Assembly of Tennessee, be full authority to the City of Memphis to issue and sell bonds as in this act authorized, which bonds shall have all the qualities of nego- tiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers for value. All acts and parts of acts, general or special, so far as they are inconsistent with this act, are hereby repealed. No proceedings on the part of said city in respect of the issuance of any such bonds shall be necessary, except such as are required by this act. Passed April 29, 1909. CHAPTER 356, ACTS 1909. POLICE STATION BONDS. (§ 157.) Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Dwight M. Armstrong, H. E. Craft and Dave Halle, all citizens and residents of the City of Memphis, shall constitute a commission which shall be known as the Police Station Building Commission. The said Dwight M. Armstrong, H. E. Craft and Dave Halle shall constitute said Commission and serve thereon until the police station building provided for herein shall have been completed and turned over to the City of Memphis. In the event of the death, resignation or failure to serve or qualify of any one or more of said Com- missioners, the Mayor of the City of Memphis shall appoint a man, who shall be a citizen and taxpayer of the City of Mem- phis, to take the place of the one so failing to serve or qualify. (§ 157a.) Sec. 2. Said Police Station Building Commission- ers shall, at their first meeting, and annually thereafter, elect a Chairman and Secretary from their number, who shall serve for one year. Said Chairman and Secretary shall alone be authorized, upon their direct warrant or check, to draw out of Bonds have all qualities of negotiable paper under the law mer- chant. Police Station Building Commission. Vacancy— how filled. Organization. 122 CHARTER OF THE CITY OF MEMPHIS. Checks—by whom drawn. Salary. Bond. Duties. Proceeds of sale. ; Building— where to be erected. Architect. the depositories the proceeds arising from the sale of the bonds hereinafter provided for; and no check shall be drawn until approved and ordered by said Police Station Building Commis- sion; and the Secretary shall keep a neat, well bound and accu- rate set of books, showing the amount in the hands of the de- positories arising from the sale of said bonds, and also showing the date, amount and purpose for which said fund is checked out of said depositories. The Secretary of said Police Station Building Commission shall receive as his compensation the sum of fifteen hundred dollars ($1,500.00) per annum; and each of the other members of said Commission shall receive the sum of one thousand dollars ($1,000.00) per annum, same to be paid out of the fund arising from the sale of said bonds hereinafter provided for. But said compensation shall not commence until the Legislative Council shall order said bonds issued as herein provided and an architect has been employed. WHach of said Police Station Building Commissioners shall give a good and solvent bond in the sum of ten thousand dollars ($10,000.00), payable to the City of Memphis, conditioned for the faithful per- formance of their duties. The said ten thousand ($10,000.00) dollars bond may be made by a bonding company, and the pre- mium thereon, for each Commissioner, may be paid out of the fund arising from the sale of said bonds. (§ 1570.) Sec. 3. It shall be the duty of said Police Station Building Commission, from the proceeds of the sale of the bonds hereinafter provided for, to build and erect said police station, and to attend to the building of the same until completed. Said police station shall be erected by said Police Station Building Commission on such portion of the lot, parcel or tract of land owned by the City of Memphis, in the block bounded by Adams, Second and Washington streets, in said city, as may be deter- mined and deemed best by said Police Station Building Commis- sion. Said Police Station Building Commission is authorized to procure a competent architect, and to pay him out of the police CHARTER OF THE CITY OF MEMPHIS. 123 station fund. Said Commission is directed to advertise for at least sixty (60) days for bids on the plans and specifications which shall have been agreed upon by them. (§ 157c.) Sec. 4. For the purpose of building said police sta- tion, and for the purpose of erecting a new fire engine house and tearing down an old one, if said Police Station Building Com- mission shall determine to build said new fire engine house and tear down an old one, as hereinafter provided, said City of Memphis is hereby authorized, by and through its Legislative Council, sitting in joint session, to issue two hundred and sixty thousand ($260,000.00) dollars of coupon bonds, and to turn same over to said Police Station Building Commission for sale. Said bonds shall be coupon bonds of one thousand dollars ($1,- 000.00) denomination, payable in not less than twenty (20) nor more than forty (40) years from date, and shall bear interest at the rate of not more than four and one-half (41%) per cent. per annum, payable semi-annually, which interest shall be evi- denced by coupons. Both bonds and coupons shall be payable at such place or places as the Legislative Council, sitting in joint session, may deem best. Said bonds shall be signed by the Mayor and City Register, and bear the seal of the City of Mem- phis. Said coupons shall bear the fac simile signature of the Mayor. If the said Police Station Building Commission shall so request, and the said Legislative Council, sitting in joint ses- sion, shall have the authority, in the exercise of its sound dis- cretion, not to issue all of said two hundred and sixty thousand ($260,000.00) dollars of bonds at one time, but may, in its dis- cretion, and upon the request of said Police Station Building Commission, issue said bonds in such amounts and at such time or times as may be deemed best; but in no event shall more than two hundred and sixty thousand ($260,000.00) dollars of bonds be issued under the provisions of this act. Said bonds and coupons shall be in substantially the following form: Fire engine house. Bonds. Term. Interest. Where pay- able, May issue part of bonds. 124 CHARTER OF THE CITY OF MEMPHIS. UNITED STATES OF AMERICA, STATE OF TENNESSEE, City oF MEMPHIS. POLICE STATION BonpDs. NOs sas IER Oe rahi Ark pon of Know all men by these presents that the City of Memphis, a ond. municipal corporation organized and existing under the laws of the State of Tennessee, hereby acknowledges itself indebted and promises to: .pay to bearer the ‘sum: of. 2.2.3. CO rae trad oh ee. ) “dollars ‘on. the >. 024:h..% ti eee day of Be ae Canin day of. ....5.0..0.005.65.5, OB DFesentation = ani ens. render of the coupons hereto annexed as they severally become due, both principal and interest, in lawful money of the United States of America, at the City Hall in Memphis, Tennessee, or at the option ef thei:holder at: the..:.....2-52. 7 ste eee in the city and State of New York. This bond is one of a series of bonds issued for the purpose of building a police station in the City of Memphis, pursuant to, - Cha ptercs. ees ae of the Acts of Tennessee for the year 1909. This bond is issued ‘under and pursuant to, and in strict conformity with, the Constitution and statutes of the State of Tennessee and charter of said City of Memphis and amendments thereto, and ordinances or proceedings duly passed and adopted. It is hereby certified, recited and declared that all acts, condi- tions and things required to be done, exist, happen and be per- formed precedent to and in the issuance of this bond have been done, have existed and have happened and been performed in regular and due form and manner, as required by the Consti- tution and statutes of said State and the charter of said city, and that this bond, together with all other indebtedness- of said ~ CHARTER OF THE CITY OF MEMPHIS. 125 City of Memphis, does not exceed any limit prescribed by the Constitution or statutes of said State or charter of said city. The full faith and credit of the City of Memphis is hereby pledged for the payment of the principal and interest of this bond, as the same respectively become due, and for the levy and collection of sufficient taxes for that purpose. In witness whereof said City of Memphis has caused this bond to be signed by its Mayor and the City Register, and the cor- porate seal of said city to be affixed hereto, and the coupons attached to this bond to bear the engraved or lithographed sig- the City of Memphis, State of Tennessee, will pay the hearer os a dollars lawful money of the United States, at the City Hall in Memphis, Tennessee, or, at the option of the MEME ALEC NG. oo oi oes 6c nels wee de 5 in the city and State of New York, being six months interest then due on Police Station SPE Creeti dl ClEY, GAtOd dies oc kiacnc ud oes ob es a oo ate DOOR rerehecs ois 6s In case such officers whose signatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds to the purchaser, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery of said bonds. (§ 157e.) Sec. 5. The City of Memphis is authorized to pledge its full faith and credit for the payment of the principal and interest of the bonds herein authorized, according to their tenor. And it shall be the duty of the Legislative Council of Form of coupon, Faith of city pledged for payment. 126 To levy tax to pay bonds and coupons. Bonds—how sold. Brokerage. Proceeds— how applied. Expenses of sale to be paid, ete. Votes—joint session. Full authority to issue and sell bonds. CHARTER OF THE CITY OF MEMPHIS. the City of Memphis, in addition to all other taxes authorized by law, to levy a tax to pay said bonds and coupons at their maturity. (§ 157b.) Sec. 6. Said Police Station Building Commission is hereby authorized and empowered to sell said bonds for not less than par, at such times and places and in such manner as it deems best. Nothing in this act, however, shall be taken as prohibiting said Commission from paying reasonable brokerage for the sale of said bonds under this act, but in no instance shall such brokerage exceed one-eighth of one per cent. on the amount issued and sold. The proceeds of these bonds, when sold, are to be turned over to the depositories selected by said Police Sta- tion Building Commission, and the depositories shall give bond, with good and solvent surety, to secure said funds and the faith- ful performance of their duties regarding the same; the amount and condition of said bond to be fixed by said Police Station Building Commission. (§ 1579.) Sec. 7. All proper expenses, including the expense necessarily incurred in the sale of said bonds, and all proper expenses in the erection of said building shall be paid out of the funds arising from the sale of said bonds. (§ 157h.) Sec. 8. Votes in any joint session of the Legisla- tive Council provided for in this act shall be taken by the mem- bers of both branches voting together as one body, in which each member of either branch is entitled to one vote. A ma- jority of the total membership-elect of both branches shall be a quorum of the one joint body. (§> 15H) See. 9. This act shall, without reference to any other act of the General Assembly of Tennessee, be full authority to the City of Memphis to issue and sell bonds as in this act” authorized, which bonds shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale CHARTER OF THE CITY OF MEMPHIS. 127 thereof, and shall be incontestable in the hands of bona fide purchasers for value. No proceedings on the part of said city in respect to the issuance of any such bonds shall be necessary, except such as are required by this act. (§ 1577.) Sec. 10. Said Police Station Building Commission is hereby authorized, if, in their discretion, they shall see fit to do so, out of the funds realized from the sale of said bonds herein provided, to tear down the fire engine house located at the corner of Adams and Second streets, in the City of Mem- phis, being on a part of the lot or tract of land belonging to the city bounded by Adams, Second and Washington streets, in said city, and above referred to in this act, and to erect a new fire engine house on the site now occupied by the old one, or any other part of said lot or tract of land belonging to the city, bounded by Adams, Second and Washington streets, in said city, above referred to in this act, and to erect a new fire engine house on the site now occupied by the old one, or on any other part of said lot or tract of land belonging to the city as in their judgment and discretion seems best; but in no event shall said new fire engine house cost more than fifteen thousand dollars ($15,000.00). (§ 157k.) Sec. 11. In the event the said Legislative Council shall fail to issue the bonds herein provided for before January Ist, 1910, and in the event said Legislative Council shall be suc- ceeded by another legislative agency known as the “Board ot Commissioners,” as provided for in an act of the General Assem- bly of the State of Tennessee, at its 1909 session, amending the charter of the City of Memphis, or is succeeded by any other legislative agency, then, and in that event, all the powers, duties and authority herein conferred upon the said Legislative Council Shall vest in and may be exercised and performed by said “Board of Commissioners,” or such other legislative agency which shall take the place of said Legislative Council, as fully and com- May tear down fire en- gine house, CLG; Cost of engine house. ‘Board of Commission- ers’? may ex- ercise powers —when. 128 Levy special tax. Tax—when due, ete. CHARTER OF THE CITY OF MEMPHIS. pletely as the same are authorized by this act to be performed by said Legislative Council, and in the event that any of the offi- cers whose signatures are called for or required under the pro- visions of this act shall, after January lst, 1910, be designated by a different name or title, the signatures of the officers, by whatever title called, who shall perform the duties corresponding to the duties of the officers whose signatures are called for herein shall be sufficient. (§ 1577.) Sec. 12. All acts and parts of acts, general and special, so far as they are inconsistent with this act, are hereby repealed. Passed April 27th, 1909. CHAPTER 374, ACTS 1909. HOSPITAL FOR COMMUNICABLE DISEASES. (§ 158.) Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Legislative Council of the City of Memphis, in its discretion, or the proper legislative body or agency which shall succeed to the functions and duties of said Legislative Council, in its discretion, is hereby author- ized and empowered to levy a special annual tax of one-fourth of one per cent. on the one hundred ($100.00) dollars of taxable property in the City of Memphis, real and personal, including every description of property which is now subject to taxation under the law, for the purpose of establishing and maintaining a hospital in the said City of Memphis for the treatment of communicable diseases. (§ 158a.) Sec. 2. The said tax hereby authorized to be levied shall become due and be collected at the same time and in the same manner and by the same officers as the other taxes imposed’ by or for the City of Memphis, with like liens and remedies for the collection and penalties for the non-payment thereof and upon the same assessments and valuations. CHARTER OF THE CITY OF MEMPHIS. 129 (§ 158b.) Sec. 8. Upon the collection annually of the said taxes herein provided for, the sum realized therefrom shall be expended by the said Legislative Council, or the proper legisla- tive body which shall succeed said Legislative Council, for the purpose of establishing and maintaining a hospital for the treat- ment of communicable diseases as above provided. (§ 158c.) Sec. 4. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it, and that all laws in conflict with this act be, and the same are hereby, repealed. Passed April 27th, 1909. CHAPTER 480, ACTS 1909. DRAINAGE REGULATIONS. A BILL to be entitled an act to amend Chapter 11 of the Acts of 1879, entitled ‘‘A bill to establish Taxing Districts in this State, and to provide the means of local government for the same, approved January 31st, 1879, and all acts amendatory thereof.”’ (§ 159.) Section 1. Be it enacted by the General Assembly of the State of Tennessee, That power is hereby conferred upon the Legislative Council of the City of Memphis, where, in the judgment of said Legislative Council, it is necessary to have drains, ditches or culverts opened or constructed through pri- vate property to carry surface water according to the natural flow thereof, to order the owner or owners to construct proper ditches or to lay drain pipes or culverts for the purposes afore- said. In making the order the Legislative Council shall cause notice of the order to be given to the owner or owners of the property, stating a time within which work must be commenced, and that it must be prosecuted to completion within a reasonable time. Establish communi- cable disease hospital. To require owners to con- struct ditches and lay drain pipes through property. 130 CHARTER OF THE CITY OF MEMPHIS. Violation a (§ 159a.) See. 2. The. failure to comply with such order misdemeanor.. City may do work—cost of owner lien on property. May build or purchase electric light plant. How paid for. of the Legislative Council shall be a misdemeanor punishable by a fine of not less than one dollar nor more than fifty dollars, and an additional or cumulative remedy is likewise given the city upon failure of the owner or owners to comply with such order to have the work done by the city at the cost of the owner, a bill for which is to be rendered the owner or owners, and, in case of failure to pay the same, the City Attorney shall sue for the amount thereof in any court having jurisdiction, and the amount shall be and constitute a lien upon the property through or upon which the improvements are made. Passed April 28th, 1909. ARTICLE 19. ELECTRIC LIGHTING PLANT AND GAS PLANT. ' (RIGHT TO ISSUE BONDS, BUILD, OPERATE AND MAINTAIN.) = (§ 160.) Section 1. The Taxing Districts organized under the Acts of 1879 are authorized to Hurenaee or build, and to maintain and to operate an electric light plant, including all necessary grounds therefor, engines, boilers, lamps and lamp fixtures, poles, wires, and other appurtenances usual to such a plant, for the purpose of lighting the streets, alleys, squares and other public grounds and places within said districts. (§ 160a.) Sec. 2. Said plant, whether built or bought by. said district, shall be paid for exclusively out of tax levied, or to be levied, for public lighting. That no general liability against said Taxing District shall be created in the construction and purchase of said plant, but the fund aforesaid, or any propor- tion thereof, that may be contracted against, shall be solely liable to pay the cost of building or purchasing said plant; provided, however, that the Board of Fire and Police Commis- sioners, for the purpose of paying for said plant, may use any balance remaining to the credit of, and not necessary for, either of the departments of the Taxing District. CHARTER OF THE CITY OF MEMPHIS. E teo.60n,) “Sec. "3. ating said electric light plant, said district may employ and pay such electricians, engineers, linemen and other agents and employes as may, in the judgment of the Legislative Council, be necessary, the compensation of whom shall be fixed by the Fire and Police Commissioners, and paid exclusively out of the tax levied, or to be levied, for public lighting.’ CHAPTER 172, ACTS 1905. (§ 161.) Sec. 4. to manufacture and distribute gas or electric lights for use The City of Memphis is hereby authorized in the public streets and buildings in said city, and for sale to the inhabitants of said city, for their private use, to be paid for by the said inhabitants at rates to be established by the City Council, which shall be sufficient to reimburse the said city the reasonable. cost to furnish it, and all the inhabitants of the said city are to have the same rights to be supplied with gas or with electricity, without discrimination so far as it may be reasonably practicable, and the capacity and extent of the work which it is deemed expedient to. maintain will permit. (§ 16la.) Sec. 5. The said City of Memphis is authorized and directed to build and maintain and operate an electric light plant and a gas plant, and to acquire all necessary ground there- for, engines, boilers, lamps and fixtures, poles, wires, retorts and other appurtenances usual to such plants, for the purpose of lighting the streets, alleys, squares and public buildings of said city and supplying the inhabitants thereof with gas and elec- tricity. To employ and pay a superintendent and such electri- cians, engineers, linemen and other agents and employes as may be necessary. The compensation of such employes shall be fixed by the Legislative Council in said nite and paid exclu- Sively out of the receipts from the sale of gas and electricity and by the products of the gas plant. 1 Sections 1 to 3 passed 1887, Chapter 64. ‘131 For the purpose of maintaining and oper- Operation of. To manufac- ture and dis- tribute elec- trie or gas lights for city’s uses, and to sell same to inhab- itants. To build and operate plant, ete. Employ su- perintendent, electricians, engineers, etc. 132 May issue bonds. Bids. CHARTER OF THE CITY OF MEMPHIS. (§ 162.) Sec. 6. In order to raise the means necessary to erect said electric light and gas plant and acquire by condemna- tion proceedings the lands necessary for the aforesaid plants, the right of eminent domain being herein and hereby vested . in said city, the said city is authorized and empowered to issue its.coupon bonds to the amount of one million ($1,000,000) dol- lars, or so much thereof as may be necessary, bearing interest at the rate of four per cent. per annum, and maturing in thirty years, the interest payable semi-annually, in lawful money of the United States, and to secure the payment of the said bonds and the interest coupons, the said city is hereby authorized, em- powered and directed to execute a trust deed conveying as Sse- curity the electric light and gas plants, with all the property belonging thereto or appertaining thereto, of every kind, char- acter and description, to three trustees and the survivors of them, with full power vested in said trustees, in default of the payment in the interest for ninety days, to advertise and sell the plants aforesaid, together with the franchise to operate the same for the period of said bonds, and out of the proceeds to pay the costs of foreclosure and the residue thereof to the hold- ers of said coupon bonds, the security of said coupons and bonds being limited to the properties embraced in the trust deed, to secure their payment, and the general liability of the City of Memphis therefor being expressly excluded; provided, that the City Council may let the contracts to erect said plants: to the lowest bidder, as in other contracts. (§ 163.) Sec. 7. The bonds shall be of the denomination of one hundred dollars, and immediately upon the Legislative Coun- cil of the City of Memphis passing the resolution to construct the electric light and gas plant, the Legislative Council shall advertise for bids for the said bonds, limiting the bids to citi- zens of the City of Memphis, said bids to be for cash, and lim- iting the amount of the bids of each citizen to one thousand dol- lars of said coupon bonds, the advertisement to be in a daily CHARTER OF THE CITY OF MEMPHIS. paper of the City of Memphis for thirty days, bids to be received at the several banks of the City of Memphis and opened on a day fixed in the advertisement by the Legislative Council, and, thereupon, if there shall be a sufficient aggregate amount of the said coupon bonds subscribed to be taken by the citizens of Memphis as will be sufficient to construct said electric and gas plants, or to pay for the construction thereof, then there shall be an acceptance of said bids; provided, however, that each bid shall equal the par value of the bonds bid for, and in no event may a bid be accepted below the par value of the said bond. If, however, the citizens of Memphis do not offer to take the amount of said bonds, as herein provided for, then the Legis- lative Council for the said City of Memphis shall advertise for bids generally, and without regard to the amount to be bid for by any one person, and in the event a sufficient amount is sub- scribed for to construct the said electric light plant and gas plant the bids shall be accepted, and the money realized from the sale of said bonds paid to the city upon the proper con- veyance by the City of Memphis, and in the event of the con- struction and equipment of a new plant the City of Memphis is authorized to receive in installments of twenty per cent. the amount bid for the said bonds, and issue certificates to the bidders, and to apply the proceeds to the construction and equipment of the said plants; provided, said bonds shall not be sold for less than net par, but if it be necessary to employ a broker or agent to negotiate such sale, no. more commission than three-eighths of one per cent. shall be paid. (§ 164.) Sec. 8. The Legislative Council of the City of Mem- phis is hereby required to establish by ordinance an absolute trust that will adequately protect the bidders who bid for the bonds in disbursement of the money paid in installments as herein provided to the end that the same shall be absolutely paid for the construction and equipment of gas and electric 133 Same, Installments. May establish by ordinance a trust, 134 CHARTER OF THE CITY OF MEMPHIS. plants in the said city under the provisions of this act, and in no wise diverting a dollar from these purposes, and just as soon as said plants are constructed and equipped to execute a trust Trustees. deed to three trustees and their survivors conveying the entire plant, its property, appurtenances, fixtures and the franchise to operate the same for a period of thirty years as a security for the payment of said bonds. And, in order to afford security for installments paid by the said bidders upon the plant while it is in process of erection, and until the same has been com- pleted and the trust deed thereon is executed, a lien is hereby declared in favor of those who may make advances to the city on account of their bond subscription upon all the lands and properties acquired for the said plants, as well as the franchise aforesaid. mace (§ 165.) Sec. 9. Hach and every one of the employes ap- pointed by the Legislative Council, charged with the duties of conducting and managing the said plants or receiving and col- lecting from the inhabitants of the said city money for gas or electricity shall be required to give bonds in such penalties as ‘the Legislative Council, by ordinance, may require. Charge city (§ 166.) Sec. 10. There shall be charged as against for its lights. the City of Memphis sixty-five dollars per year for each and every one of the electric arc lights per annum, upon the streets, alleys and public places in said: City of Memphis, and sixty dollars per annum for every gas light erected on said streets, alleys and public places, and twelve cents per thousand watts consumed of electric current, and. one dollar per thousand feet of gas consumed in the public buildings in the City of Memphis. Monthly (§ 167.) Sec. 11. There shall be rendered to the City of eicies Memphis a monthly statement of the electric light and gas bill ‘at the rate specified in Section 7 of this act, and the amounts thereof charged against the said city, which amounts shall, by the said city, be credited to the electric and gas plants and CHARTER OF THE CITY OF MEMPHIS. set apart as.a sinking fund in that bank in the City of Memphis that will pay therefor the highest rate of interest and secure the payment thereof by an undoubted bond, which said funds so deposited and interest thereon shall be held to take up the bonds authorized under this act at their maturity, and for the payment of interest coupons in the event that a sufficient in- come should not arise from other sources than the public light to pay the operating expenses of the plant and the fixed interest charged. (§ 168.) Sec. 12. Private consumers in the City of Mem- phis shall not be charged higher rate for electricity and gas than is by the seventh section of this act required to be charged the City of Memphis for its public lights, but the Legislative Council shall reduce the prices to consumers when, in their dis- cretion, the receipts will pay the cost of maintaining the plant, the necessary repairs, the sinking fund and interest coupons. (§ 169.) Sec. 13. The Superintendent shall, on the first Mon- day in each and every month, furnish to the Legislative Council an itemized and sworn statement showing the receipts and dis- bursements of the plant under his charge, indicating on his said statement the cost of electricity and gas for the preceding month, the amount paid by private consumers, and the amount charged against the City of Memphis, and include in his said statement each and every item showing the expenditure of money on ac- count of said plants. (§ 170.) Sec. 14. Upon the passage of this act the Legisla- tive Council of the City of Memphis shall immediately take such steps as shall be necessary to carry out its provisions and to install public plants for furnishing gas and electricity upon the streets, alleys, parks and other public places in and contigu- ous to the City of Memphis and to such of the inhabitants of the City of Memphis as desire to patronize the said public plants, so installed and authorized to be installed by the said 135 Sinking fund. Rate of charges to private con- sumers, Superintend- ent—duties, etc, 136 To build and control water works system. Issue bonds. May purchase by negotia- tion, appraise- ment or pur- chase of stock. CHARTER OF THE CITY OF MEMPHIS. City of Memphis, and to this end the Legislative Council is vested with all necessary powers to construct the aforesaid plants.* ARTICLE 20. ACT AUTHORIZING PURCHASE AND CONTROL OF ARTESIAN WATER DEPARTMENT. (§ 171.) Section 1. The Taxing Districts, cities and towns of this State, having a population of 60,000 or more, according to the Federal census of 1890, or any subsequent Federal census, be, and the same are hereby, authorized and empowered to build, purchase or acquire control of, in any manner, and to extend a waterworks system to be maintained and operated for the benefit of such Taxing District, city or town and its inhabi- tants. (§ 172.) Sec. 2. If, in the judgment of the Legislative Coun- cil, or other governing agency, as the case may be, of such tax- ing district, city or town, it is best to build and construct a system of waterworks, such taxing district, city or town shall have, and is hereby vested with, power so to do. In order to raise the moins neeeseary to construct such waterworks, mains, pipes and machinery, and purchase such plant and property as may be necessary, such taxing district, city or town are hereby authorized and empowered to issue bonds to an amount not ex- ceeding two million dollars ($2,000,000)? for any one taxing district, city or town, and such bonds shall bear such a rate of interest not exceeding 5 per cent., and they shall mature at pitch time as the Legislative Council, or other governing agency, of said taxing district, city or town may determine, and said bonds may be called or not, or at such times as may be deemed best. (§ 173.) See. 3. Such taxing district, city or town are hereby authorized and empowered to purchase and buy the plant and properties of any system of waterworks now supplying water 1 Sections 4 to 14, inclusive, passed March 381, 1905, Chapter 172, Acts 1905. 2 Amended Chapter 839, Acts 1908, provides for an issue of $3,500,000 bonds. CHARTER OF THE CITY OF MEMPHIS. in or out of such taxing district, city or town, and such taxing aistrict, city or town may purchase or acquire such system of waterworks, either by negotiation, appraisement under existing contract, or may purchase all, or substantially all, of the shares of stock to buy such system of waterworks. (§ 174.) Sec. 4. If such taxing district, city or town shall determine to purchase, appraise or acquire control of any sys- tem of waterworks, as provided in the last section of this act, such taxing district, city or town shall have power to issue its coupon bonds to an amount not exceeding two million dollars ($2,000,000), and bearing such a rate of interest not exceeding five per cent., maturing at such times and callable in such manner as the Legislative Council or other governing agency of such taxing district, city or town may determine. (§ 175.) Sec. 5. If any bonds are issued under the provisions of this act, either for the purpose of constructing, building, purchasing, condemning or acquiring control of any system of waterworks, such taxing district, city or town is hereby vested with the power to secure the payment of said bonds, and interest, by execution of a trust deed on the entire system of waterworks, lands, buildings, pumping machinery, pipes, res- ervoirs, privileges, franchises and property of every character, wherever situated, and said trust’ deed may cover all after ac- quired property, and may embrace all revenue from supplying water. And the Legislative Council, or other governing agency of such taxing district, city or town, is hereby vested with full power to incorporate in such trust deed such stipulations and provisions as it shall deem best for the security of said bonds. (§ 176.) Sec. 6. On all of the waterworks property con- structed, built, bought, purchased or condemned or acquired control of under the provisions of this act, including its machin- ery, plant, wells, water supply, pipes and all property of every nature and character, acquired at the time or subsequently, 137 Issue bonds to purchase plant. Lien on plant to secure bonds. 138 Bonds—no general lia- bility. May‘ purchase Ly arbitration. May purchase all or practi- cally all of the capital stock of any water company. CHARTER OF THE CITY OF MEMPHis. there shall exist an irrevocable first lien in favor of the holders of any bonds and coupons that may be issued under this act, to continue on such property additions to, renewals of and re- pairs thereon, until all of said coupons and all of said bonds are paid and fully discharged. (§ 177.) Sec. 7. In respect to the principal and*coupons, the bonds to be issued as aforesaid, shall not create or carry any general liability against such taxing district, city or town, but the holders of said bonds and coupons shall look solely to the security of the trust deed and statutory lien on said waterworks system for the payment thereof, and no tax shall ever be levied for the payment of said bonds or coupons, nor shall ‘any property of such taxing district, city or town, other than said waterworks. system, be subjected to the payment thereof. (§ 178.) Sec. 8. In all cases where any district, city or town has any contract with any water company, providing that any such taxing district, city or town shall have the right to pur- chase the property of such water company at a price to be fixed. by arbitrators or appraisers, such taxing district, city or town: is hereby vested with the power to enforce the terms of such. contract and purchase such property by arbitration or appraise- ment, and in such cases all the provisions of this act shall apply,. and such taxing district, city or town may issue the bonds pro- vided for in this act, or exercise any of the powers conferred in this act that may be necessary or expedient to carry out the: terms of such contract. (§ 179.) Sec. 9. If, in the judgment of the Legislative Coun-. eil; or other. governing agency, of such taxing district, city or town, it shall. be deemed desirable or preferable to become the. owner of all or substantially all. of the capital stock of any water. company, supplying water to such taxing district, city or town, and the inhabitants thereof, instead of building a system of waterworks or using the plant or property of such water CHARTER OF THE CITY OF MEMPHIS. 139 company, then such taxing district, city or town shall have, and is hereby vested with, the right and power to become the owner and holder of all, or substantially all, of said stock, by purchase or other contract, and to that end may issue the bonds and use the proceeds thereof herein authorized, and may execute, or cause to be executed, any mortgage or trust deed upon the property of such water system to secure the payment of sucn bonds. And such taxing district, city or town is hereby ex- pressly given full power and authority to make a contract with the stockholders of any water company supplying water to such taxing district, city or town and its inhabitants, whereby said water company may execute and issue its bonds, in such an amount as may be agreed upon between such taxing district, city or town and said stockholders, which bonds shall be secured by a mortgage or trust deed upon all the property and franchises of said water company then owned or thereafter acquired, and whereby, in consideration of the guaranty by said taxing district, city or town, of the payment of the interest coupons upon said bonds so issued by said water company as the same shall fall due, the said stockholders of said company shall transfer and deliver their said stock to said taxing district, city or town as may contract with said stockholders that, in consideration of the transfer and surrender of their said stock to said taxing district, city or town, said taxing district, city or town will pay annually, or semi-annually, as may be agreed upon, a sufficient sum of money for the water furnished by such waterworks system to the taxing ‘district, city or town, for municipal purposes, wnich specified sum of money shall be sufficient in amount to pay the interest on said bonds so to be issued by said water company, and which shall be applied to no other purpose whatever than the payment of such interest coupons. And such taxing district, city. or town is hereby vested with the power to make such contract, to. take such amount of water, and pay such sum there- for,-and for such a number of years as may be covered by the 140 Bonds. Mortgage property and franchises. May provide water rates sufficient to pay operating expenses, fixed charges, interest on bonds, ete. CHARTER OF THE CITY OF MEMPHIS. lifetime of such bonds, all of which may be provided for in or endorsed upon said bonds and signed by the Mayor or other executive head of such taxing district, city or town, and the bonds issued in pursuance of these provisions shall be received and owned by such stockholders in lieu of their stock, and full power and authority is hereby expressly given said water com- pany to issue its said bonds, and to said water company and its stockholders to enter in such contract with such taxing dis- trict, city or town. Said bonds of said water company hereby authorized to be issued shall not exceed in amount two million dollars ($2,000,000), and they shall be in such denomination, bear such a rate of interest, not exceeding 5 per cent., mature at such time and be callable in such manner and contain such terms and provisions as may be agreed upon between such company and such taxing district, city or town. And such water com- pany is expressly authorized to secure the payment of such bonds by a mortgage or trust deed on all of its property and franchises then owned or thereafter acquired, and containing such other terms and provisions as may be mutually agreed upon between such company and such taxing district, city or town. (§ 180.) Sec. 10. If such taxing district, city or town shall deem it advisable to become the owner of all, or substantially all, of the capital stock of such water company so furnishing ws and its inhabitants, with water, such taxing district, city or town, and said water company, or its stockholders, may further provide and stipulate as additional security for the payment of said bonds so to be issued by said company, that-the water rates shall, during the life of said bonds, or until their payment, be so fixed and maintained as annually to raise a sum sufficient. to pay all their operating expenses, and repairs of said water- works system, and to pay all fixed charges and interest on out- standing bonds, and the interest on bonds issued under this act, and also to provide a sinking fund sufficient to pay such bonds. at their maturity. And such taxing district, city or town, and. CHARTER OF THE CITY OF MEMPHIS. such water company and its stockholders are hereby given full power and authority to make such other or different contracts, and to enter into such other or additional terms, provisions or stipulations as shall be deemed necessary or expedient to carry out the purposes of this act, it being the intent and purpose hereof to give such taxing district, city or town, and such water company and its stockholders, unlimited power and authority to make such contract or agreement whereby such taxing dis- trict, city or town shall become the owner of all, or substantially all, of the stock of such water company as may be mutually agreed upon. (§ 181.) Sec. 11. If, in the construction of waterworks sys- tem, or in the purchase of the property or shares of stock of any water company, or ‘in the exercise of any of the powers conferred in this act, it shall be deemed desirable, such taxing district, city or town shall have, and the same is hereby vested with, the power to borrow the amount of money, or any part thereof, that may be necessary to carry out the purposes of this act, and may issue in evidence of such loan a certificate, cer- tificates of indebtedness, payable not later than one. year after the date thereof, and such certificates may be paid in cash out of the proceeds of the sale of any of the bonds hereinbefore pro- vided for, or said certificates may be funded in said bonds and for the security of said certificates, principal and interest, such taxing district, city or town may pledge and mortgage the prop- erty and franchises of such waterworks, and may make such other contracts, stipulations or provisions as may be deemed necessary or expedient for the security of said certificates. (§ 182.) Sec. 12. If any such taxing district, city or town shall build, purchase or acquire control of any system of water- works under the provisions of this act, said system of water- works shall be maintained and operated in one of the following ways: First. If such taxing district, city or town shall acquire con- 14] Power to borrow money for purposes., of this act, ete. Plant—how to be operated and main- tained. 142 CHARTER OF THE CITY OF MEMPHIS. trol of the plant and property of any water company, by the purchase of all, or substantially all, of the shares of stock of such water company, then such taxing district, city or town may maintain the separate corporate existence of said company, and control the same through the election of directors of such water company, the election of said directors to be held by Legislative Council, in the case of taxing districts, and in the case of other cities and towns by the governing board thereof. Second. In the event such taxing district, city or town shall purchase the property of any system of waterworks, or acquire control of the same, by the purchase of all, or substantially all, of the shares of stock of such waterworks, then such taxing Te ee district, city or town may establish “ water department to be ment, officers. ynder the direct supervision of the legislative body of such taxing district, city or town, in which case the Mayor, or other executive head of such taxing district, city or town, or in case of taxing districts organized under the act of January 29, 1879, the Board of Fire and Police Commissioners shall appoint a superintendent, a treasurer, a bookkeeper and shall employ such engineers. and such employes as may be necessary, and the sala- ries aid compensation of such officers’ and employes shall be fixed by the Legislative Council, or other governing agency, of such taxing district, city or town. Board of Third. The Legislative Council, or other governing agency, Commission- aa nee of such taxing district, city or town, may establish a board of three members to control and operate said waterworks sys- tem, in which case the members of said waterworks board shall be appointed by the Legislative Council, or other governing agency, of such taxing district, city or town. And such taxing districts, cities and towns are hereby empowered to establish by ordinance all necessary provisions and regulations for the control and government. of such system of waterworks as may be in conformity with the provisions of this act. But in no case shall the superintendent, treasurer, bookkeeper or engineer. of CHARTER OF THE CITY OF MEMPHIS. 143 such waterworks system be appointed or hold office until his appointment has first been approved by the Legislative Council, or other governing agency, of such taxing district, city or town. And-in no event shall any director, member of any water board, officer or employe of any such waterworks system be removed or discharged except upon written charges preferred against him before fhe. Legislative Council, or other governing agency, of such taxing district, city or town, and the Legislative Council or other governing agency of such taxing district, city or town shall have the power to provide by ordinance what deficiency or misconduct shall be sufficient for the removal of such persons." (§ 183.) Sec. 13. Chapter 32 of the Acts of 1899 of Tennessee, entitled ““An act to authorize and empower the taxing districts, cities and towns of this State, having a population of 60,000 or more according to the Federal Census of 1890, or any subse- quent Federal census, to build, purchase or acquire control of in any manner and to extend a system of waterworks to be maintained and operated for the benefit of such taxing districts, cities and towns, and their inhabitants, and to issue bonds of whatever character, and to make such mortgages, guarantees, contracts and agreements of whatever nature that may be nec- essary or expedient for the carrying out of the purposes afore- said, and to authorize any water company supplying such taxing district, city or town and its inhabitants with water, to sell its plant and property to such taxing district, city or town, and to | authorize the stockholders of such water company to sell their stock to such taxing district, city or town, and take in exchange therefor the bonds of such water company, and to make such other contract or agreement whereby such taxing district, city or town shall acquire ownership or control of such waterworks as may be agreed upon, and to authorize such taxing district, city or town, after acquiring control of such waterworks, to 1 The foregoing sections, 1 to 12, inclusive, passed January 28, 1889, Chapter 32, Acts 1899. : a -144 CHARTER OF THE CITY OF MEMPHIS. Amendment Ch. 389, Acts 1903. May issue $3,500,000 5% bonds to pur- chase plant and fran- chises, etc. Bonds—by whom signed. Coupons. establish regulations for the operation and management thereof,” be, and the same is hereby, amended by the following provisions, to-wit: Any taxing district, city or town of this State, having a population of 60,000 or more, according to the Federal census of 1890, or any subsequent Federal census, is hereby authorized and empowered to issue its negotiable bonds to an amount not exceeding $3,500,000 for the purpose of purchasing or acquiring or obtaining money for the purpose of purchasing or acquiring, the property, plant, assets, franchises or capital stock of any waterworks system, whether owned by individuals, firms or cor- porations, situated within or near such taxing district, city or town in order to supply water to such taxing district, city or town and the inhabitants thereof, and for extending and improy- ing any such system, and for constructing, improving and ex- tending any waterworks system to furnish such supply of water, or for any one or more of such purposes. Said bonds shall be in such form and of such denominations, and shall be payable at such time or times and place or places, within or without the State of Tennessee, shall bear such rate or rates of interest, not.exceeding five per centum per annum, payable semi-annually, and contain such other provisions and recitals as may be pre- scribed by the Legislative Council, or other legislative or gOv- erning body, of such taxing district, city or town. Said bonds shall be negotiable according to the law merchant, and ghall be payable, principal and interest, in lawful money of the United States of America. Said bonds shall be signed by such executive officers of such taxing district, city or town as may be prescribed by the Legislative Council, or other legislative or governing body thereof, and shall bear the corporate seal of such taxing Gistrict, city or town. Said bonds may be issued as coupon bonds or registered bonds, or both, or as coupon bonds with the privilege of registration. The coupons on the coupon bonds may: bear the signed, lithographed or engraved signature of any offi- cer designated by the Legislative Council, or other legislative CHARTER OF THE CITY OF MEMPHIS. 145 or governing body, of such taxing district, city or town. The purchaser or purchasers of said bonds shall not be bound to see to the performance of conditions precedent to the issuance of said bonds or to the application of the purchase money, and no irregularity, illegality, invalidity or omission in any of the proceedings prior to or in issuance of the said bonds shall affect the validity of said bonds in the hands of purchasers thereof, or any subsequent holders. Any purchase of any waterworks system or other property under this act, or the act of which this is amendatory, may be made subject to the lien ar encum- brance of any bonds, mortgage or other indebtedness existing at the time on such waterworks system or other property; and any such taxing district, city or town may also, as a part con- sideration for any such purchase, assume and agree to pay any bonds, mortgage or other indebtedness of any person or cor- poration conveying such waterworks system or other property, whether secured by lien or not. (§ 184.) Sec. 14. In addition to the net revenues derived from any waterworks purchased, acquired, constructed, extended or improved with any of said bonds, or with any proceeds there- of, the taxing district, city or town issuing said bonds is hereby authorized and empowered to levy and collect taxes upon all the taxable property in such taxing district, city or town, which, with such net revenues, shall be sufficient to pay the interest and principal of said bonds as the same become due, and to make such provisions in any ordinance or resolution authorizing the issuance of said bonds as may seem proper to the Legislative Council, or other legislative or governing body, of such taxing dis- trict, city or town, for the raising and application of such taxes and net revenues,-and, in its discretion, for the creation of any sinking fund. Any such ordinance or resolution may provide for the application, from time to time, of all the net revenues arising from the waterworks and their extensions and additions, to the payment of the principal and interest of said bonds be- Purchaser not bound to see to per- formance of conditions, etc. May levy and collect taxes to pay inter- est and prin- cipal of bonds, 146 Trustee. CHARTER OF THE CITY OF MEMPHIS. fore the application to such purposes of any moneys arising from taxation. Any such taxing district, city or town issuing such bonds may make a mortgage to a trust company or companies, or individual, as trustee or trustees, within or without the State of Tennessee, for the security of the payment of the prin- cipal and interest of such bonds. Such mortgage, however, shall not be construed to impair the direct, general and absolute obligation of the obligor in said bonds to make payment thereof, principal and interest; provided, however, that any such taxing district, city or town may, by ordinance or resolution passed for or in connection with the issuance of any such bonds, pro- vide that the same shall not be direct, general or absolute obli- gation of such taxing district, city or town, until the payment of any bonds of such taxing district, city or town now out- standing issued under any act of the General Assembly, prohib- iting the issuance of scrip or other bonds while such now out- standing bonds remain outstanding and unpaid, and the re- muneration of any such trustee or trustees shall in no way ex- ceed in the aggregate one-half (4%) of one: (1) per cent. to be paid by any such taxing district, city or. town making such mortgage. Provided, the trustee shall not be a non-resident trust company, but a responsible trust company organized under the laws of this State and willing to accept such trust; and if there are one or more responsible trust companies doing business in such taxing district, city or: town willing to accept the trust, that one shall be selected which has the largest paid-up capital; and by such ordinance or resolution may provide further that, upon payment or upon readiness of the city to make payment of such outstanding bonds, thereupon any such bonds of any taxing district, city or town issued under this act shall ipso facto, and. without any action on the part of such taxing district, city or town, be and become in all respects whatsoever the district, general and absolute obligations of the obligor in said bonds; and any provisions of such ordinance or resolution not in con- CHARTER OF THE CITY OF MEMPHIS. 147 flict with the Constitution and laws of the State shall be binding upon the obligor in such bonds. Such mortgage may cover and convey to such trustee any waterworks of said taxing district, city or town, and other property, plant, assets and franchises purchased, acquired, constructed, extended or improved for water- works purposes by said taxing district, city or town, and any and all additions, additional sources of water supply, all exten- sions, accretion, revenues, income and profits thereof, and the right to the purchaser, his successors or assigns, in case of fore- closure of said mortgage and the sale thereunder, to maintain and operate the same upon the streets, highways and public places (of the municipality and elsewhere and furnish water to such taxing district, city or town and its inhabitants, and to fix and charge reasonable rates, tolls and rentals for the use of such water. Any such taxing district, city or town may provide, in any ordinance or resolution authorizing the issue of any such bonds, or may provide in any such mortgage that such taxing district, city or town shall have the exclusive right and franchise to supply such taxing district, city or town and its inhabitants with water, and to fix and charge reasonable rates, tolls and rentals for the use of such water, and that any trustee taking possession under the provisions of any such mortgage, and that, in the event of any foreclosure and sale under the provisions of any such mortgage, the purchaser at any such foreclosure and sale, his successors and assigns (whether per- sons or firms or a corporation, domestic or foreign) shall have the exclusive right and franchise to supply such taxing district, city or town and its inhabitants with water, and to fix and charge reasonable rates, tolls and rentals for the use of such water; provided, however, that any grant of any such exclusive right or franchise shall not interfere with existing vested rights. So long as any of said bonds or coupons are outstanding or un- paid, such rates, tolls and rentals fixed and charged by such tax- Rate of charges, etc. ing district, city or town shall not be lower than will furnish 148 CHARTER OF THE CITY OF MEMPHIS. sufficient revenue to pay all operating expenses of the water- works system or systems, also for all necessary repairs and improvements to the same, and interest on the bonds issued for such waterworks system or systems, and amount to be paid to any sinking funds for such bonds and the principas of any such bonds, as all such payments respectively become due. No pur- chaser under any foreclosure sale, his successors or assigns, shall be bound to fix and charge any lower rates, tolls and rentals for the use of such water than similar rates, tolls and rentals fixed and charged in other similar municipalities in the United States with similar waterworks systems; provided; however, any- thing in this act to the contrary notwithstanding, that any such mortgage may make provision as to what rates, tolls and rentals, including, among other things, city hydrant rentals, shall be paid in case of default in the payment of the principal or inter- est of any such bonds, or in the payment of any sinking fund therefor, or in any other terms and conditions of such mort- gage. Such ordinances, resolutions and mortgage may contain such provisions as shall be authorized or approved by the Leg- islative Council, or other legislative or governing body, of such taxing district, city or town. The provisions of any mortgage and bonds and all ordinances and resolutions of any taxing dis- trict, city or town under and pursuant to which said mortgage and bonds are issued, shall be and constitute a contract between such taxing district, city or town and the holder or holders of any and all such bonds and coupons until the same are paid. (§ 185.) Sec. 15. This amendatory act shall be sufficient authority to any such district, city or town to issue bonds anda mortgage pursuant to its provisions, to the extent of not more than $3,500,000, as herein provided, aside from and independent of the said Chapter 32 of the Acts of 1899 of Tennessee, and aside from and independent of any other legislation of the said State, and no proceedings or action of said taxing district, city or town of any kind whatsoever shall be necessary for the issuance and CHARTER OF THE CITY OF MEMPHIS. 149 security of said bonds, other than are provided in this amenda- tory act. No bonds issued either under the said Chapter 32 of the Acts of 1899 of Tennessee, or under this act, or under both, shall in the aggregate be issued to a sum exceeding the said sum of $3,500,000. Any ordinance or resolution authoriz- ing the issue of any bonds under this act, or under said Chapter 32 of the Acts of 1899, shall, after its introduction, be published at least once in at least one daily newspaper published in any such taxing district or town, such newspaper or newspapers to be designated by the Legislative Council, or other legislative or governing body, of such taxing district, city or town, and only after such publication shall such ordinance or resolution be finally passed, and then only by the affirmative vote of at least a majority of all the members constituting the Legisla- tive Council, or other legislative or governing body, of such taxing district, city or town; provided, however, that it shall not be necessary in any such publication of such ordinance or resolution to publish or set forth at length any form of mort- gage or deed of trust which may be contained in such ordinance or resolution, but the form of such mortgage or deed of trust, although contained in any such ordinance or resolution, may be omitted from any such publication thereof, and also from auy -other publication of any such ordinance or resolution which may be required by any other law. Bonds issued as herein provided shall be sold by the Legislative Council, or other leg- islative or governing body, of any such taxing district, city or town, at public sale only, by and after inviting sealed bids by advertisement for eleven (11) consecutive days in at least one daily newspaper published in any such district, city or town, and at a price not below the par or face value thereof, free from any sales commission or brokerage. (§ 186.) Sec. 16. Be it further enacted, That any provisions of said Chapter 32 of the Acts of 1899 of Tennessee, and of any Publication of ordinance. Bonds —how sold. 150 CHARTER OF THE CITY OF MEMPHIS. Power to ac- quire and maintain. How pur- chased. Must be with- in ten miles of city. Condemna- tion—proced- ure. other acts, so far as inconsistent with this act, are hereby re- pealed.? ARTICLE 21. PARKS. (§ 187.) Section 1. The city shall have power and authority to acquire, improve and maintain parks for the benefit of the public. The parks, or lands to be used for park purposes, may be purchased either by private negotiation or by condemnation, as hereinafter provided, as may be determined by the Legislative Council. If the parks, or lands for park purposes, be purchased by private negotiation, the negotiation shall be conducted by such member or members of the Legislative Council as shall be designated by said Council, but no purchase shall be effected until the same has the approval of a majority of the Legislative Council. And said parks, or lands for park purposes, may be purchased either within or without the limits of such taxing districts or cities, but not more than ten miles from the near- est point on the limits of such taxing districts or cities, as such limits may be at the time of such purchase. (§ 188.) Sec. 2. The city may condemn parks, or land for park purposes, under the power of eminent domain, and it is hereby expressly given the power to condemn for park pur- poses the yards, switches, tracks, the depot and property of every character of any railroad property, and also the property of any manufacturing establishment, and also the property of any persons or corporation, either within or without the lim- its of said city, but not over ten miles beyond the nearest point in said limits, as such limits may be at the time of such con- demnation, and the proceedings for the exercise of this power of condemnation shall be the same as that now provided by law for the taking of private property for public uses. (§ 189.) Sec. 3. In order to raise the means necessary to 1 Sections 18 to 16, inclusive, passed April 10, 1903, Chapter 339, Acts 1903. CHARTER OF THE CITY OF MEMPHIS. 151 purchase or condemn parks, or lands for park purposes, the city is hereby authorized and empowered to issue its coupon bonds to an amount not exceeding two hundred and fifty thou- sand ($250,000) dollars, bearing a rate of interest not exceeding five per cent., maturing at such time, callable in such manner, as the Legislative Council may determine, and payable in lawful money of the United States of America. And, in order to secure the payment of said bonds and interest, such city may execute a trust deed on said parks, or park lands, and upon all the buildings and improvements situated upon the park lands, and such simulations and provisions may be incorporated in said trust deed for the security of said bonds as may be deemed necessary and expedient by the Legislative Council. But it is expressly provided that such bonds and coupons, to be issued as aforesaid, shall not create or carry any general liability against said city, but the holders of said bonds and coupons shall look solely to the security of said trust deed and said parks and park lands for the payment thereof, (§ 190.) Sec. 4. Such city is hereby authorized and em- powered to levy a special park tax annually, so long as said bonds shall remain outstanding; said tax shall not exceed twenty’ cents on the one hundred dollars, for any one year, and the proceeds of said tax shall be expended solely for the purpose of paying interest upon said bonds, and for the purpose of im- proving and keeping up said parks. [This park tax so levied is a special tax, and is not to be considered as embraced in any acts limiting the levy of taxes in such taxing districts and cities. ]? -(§ 191.) Sec. 5. Such city shall have the power to purchase, by private negotiation, or acquire by condemnation, a parkway or parkways, either running from said city to any such park, 1 The special park tax was increased from ‘‘ten’’ to ‘‘twenty’’ cents by Chap- ter 362, Acts of 1903, and reduced to fifteen cents by Acts of 1909. 2 In brackets amendment Chapter 362, Acts 1903. Park bonds to be issued. Special park tax. Parkways to be purchased or condemned. 152 CHARTER OF THE CITY OF MEMPHIS. Park Com- mission, term of office, du- ties and pow- ers. Regulations governing Park Com- mission. or running between and connecting such parks and such city, may purchase or condemn such parkways, either within or without the limits of such city, but in no case more than ten miles beyond the nearest point on the limits of such city as the same may be at the date of such purchase or condemnation, and — the proceeds of the bonds aforesaid may be used to pay for im- proving and maintaining such parkways. (§ 192.) Sec. 6. The Legislative Council shall have the power to establish, by ordinance, a Park Commission, composed of three members, who shall be elected by said Legislative Council. The first Park Commissioners elected shall be elected for the following terms: One for two years, one for four years, and one for six years, and at the expiration of the term of office of each Commissioner, his successor shall be elected for a term of six years. Such Park Commissioners shall have entire con- trol of the parks, park lands and parkways acquired by such city under the provisions of this act. It shall be their duty to direct the laying out, improvement and maintenance of said parks, engage all superintendents, gardeners and other employes, and no moneys shall be paid out of the proceeds of said park bonds, nor park tax, until the vouchers for the same are approved by at least two of said Park Commissioners. Said Park Com- missioners are hereby expressly empowered to open or close up any streets, alleys or roadways running across or in such parks or park lands, and they shall have this power as well within the limits of the city as without such limits. (§ 193.) Sec. 7. The Legislative Council shall have full and ample power to establish, by ordinance, rules and. regulations to govern said Park Commission, and to govern the employment and discharge of employes, and to fix the official bonds and the compensation of such Park Commissioners, and the employes.’ Approved March 31, Acts 1899, Chapter 142. 1 Sections 1 to 7 passed March 31, Acts 1899, Chapter 142. CHARTER OF THE CITY OF MEMPHIS. (§ 194.) Sec. 8. The City of Memphis is authorized and em- powered to execute trust deeds and mortgages upon any park lands owned, to secure the payment of the principal and interest upon any bonds that it may execute or issue under the act ap- proved March 31, 1899; and the city is expressly empowered to execute trust deeds and mortgages upon any park lands and public property other than those acquired under the act approved March 31, 1899, as well as park lands acquired thereunder. In order to pay the principal of any bonds issued by the City of Memphis under said act, the city shall establish a sinking fund, to commence ten years after the date of said bonds, and such amount shall be added to the sinking fund each year, so that at the maturity of such bonds there shall be a sufficient amount in the sinking fund to pay off the principal of such bonds. The Legislative Council is vested with the power, and it is made their duty, to levy a tax upon the taxable property of the city, for the purpose of raising said sinking fund, and such an amount shall be raised by taxation each year as will be sufficient to establish the sinking fund herein required; and the power is vested in the city to invest said sinking fund safely and securely and in the manner it may deem best; and it is further author- ized and empowered to devote said sinking fund toward the pur- chase, in the open market, and retirement of any park bonds issued under the act approved March 31, 1899. (§ 195.) Sec. 9. The Legislative Council shall further have full power by ordinance, to appropriate not exceeding fifteen thousand ($15,000) dollars out of the funds authorized to be raised for park purposes to adorn such park belonging to the city as the Legislative Council may select by the erection of an equestrian statue of Gen. Nathan Bedford Forrest. In the event the Legislative Council may deem it desirable to retain the hospital grounds (now Forrest Park), it may do 153 Mortgage to secure pay- ment of park bonds. Sinking fund for payment of park bonds. Forrest monument. Hospital grounds con- verted into park, 154 Park tax on all property of 20 cents. When due— manner of col- lection. Separate ac- counts. CHARTER OF THE CITY OF MEMPHIS. os or cde) oer ec Sie Sak aren Sy hae aoe cade ee Wiss 10 rele Cite aN UM Del) . GACI se c'.s\s 5 veheiece mcs bots whole e's .05. If in firkins or kegs, under fifty in number, each...... 05. fomOwome iets NUMDET, CACh 2.8 5 oF re Ue ed es 03 IV. For weighing and marking cotton, per bale........ 10 V. For weighing live cattle on the city scales, if under etme ay CAG ih cgi esd Sos 8 id Pre LAE 15 280 CITY ORDINANCES. INSPECTOR OF WEIGHTS AND MEASURES. Vii VII. VIII. LX. D4 F XIT. XII. If over. that number, each.0 oc.) coe ae 12 For hogs and: sheep, each «oo .es6 ss 0) ora ees ee .05 For weighing coal in carts, or any coal sold at retail.. .01 For gauging in bulk, by the boat-load, per boat...... 20 For weighing, inspecting and marking hay in bales, each ton or less quantity... 0... «ae ere eee 20 And for weighing fodder, oats or shucks, when un- baled, on city scales, per ton or leSs................ .20 For weighing wheat, rye, corn, oats and bran, per SACK oo occ a ate lee pcre ele ete Ble eve, oor une heise ee eat a O01 For gauging and inspecting a boat-load, or part of a load .of corn, €acCh.-.)o. ies ees « «osc 0th ee lane eee 5.25 . For gauging and inspecting barrels and half-barrels of pork and beef, each. csi. 0.855 Se ee .00 For inspecting and weighing flour, by the barrel or half-barrel,, under ten in number, each............ .054 Over that number 4....05.05. see eae .03 For weighing sugar by the hogshead, not exceeding twenty in: number, each:7 5 ico. s wo s'4 6 one thie ee 15 If over that number, eachs yc... i6 ~ Sel eee 12 In barrels under twenty in number, each............ .05 Over -twenty,:‘€ach. oo. oc. 0 ocean cus y+ « oan 03 For inspecting track scales of 30 tons and over...... 5.00 For inspecting wagon scales ...... eee yO 1.50 For. inspecting hopper. scales 6). 60. es ew ce ee eee 2.00 For inspecting platform scales up to 1,200 pounds... .50 For inspecting platform scales, from 1,200 pounds up- For inspecting counter scales (beam and balance)... .30 For -inspecting spring balances. 2 aiken 25 CITY ORDINANCES. 281 INSPECTOR OF WEIGHTS AND MEASURES. For inspecting steelyards (cotton beam) ............ 00 For inspecting cloth measures, for five or less........ AL Peenivetmumoer OVEr fve: Gach*s 06.0. 3. aes oe case .05 XIV. He shall test and mark the liquid measures of all dealers in the city, by which articles are sold, and shall charge for such testing and marking, per set... .30 In like manner he shall test and mark dry measures, anoeeonlt receive therefor, per set ...........0c0.80. .30 Provided, that no charge shall be made for testing any measure, article or vessel for which a fee has once been paid to any officer acting under and by authority of laws, and having on said measure, article or vessel a stamp or brand of an inspection officer. And no dealer shall measure and sell or buy any arti- cle except by such marked measure, or by scales, weights, steel- yards or cloth measures, stamped by the said Inspector every three months, as per next section. And said Inspector is re- quired, at the end of each week, to pay over all collections in his hands, less fees, to the Tax Receiver, and shall make monthly reports of the same to the Tax Receiver, and at the end of each fiscal year to report the aggregate amount of his receipts and the sources from which the same are derived. Sec. 70. And it shall be his duty to test or inspect all scales, weights, steelyards, cloth measures, liquid or dry measures, kept at places of business, once every three months, whether the same be in use or not. And any proprietor, clerk or employe of any place of business, who shall make the Inspector any false state- ment in regard to the number of such scales, weights, steelyards, cloth, liquid or dry measures, kept in his establishment or place of business, or endeavor to secrete or hide away the same, to avoid the Inspector, shall be guilty of a misdemeanor, and, on 1 Allowed drayage on weights when, post Section 77. © Inspect scales, weights, etc. Penalty for preventing inspection. 282 CITY ORDINANCES. INSPECTOR OF WEIGHTS AND MEASURES. Tare on ar- ticles of pro- visions, etc. Fees or in- spection of articles not enumerated. Inspected ar- ticles to be branded. Deputy Inspector. Penalty for violating in- spection or- dinance. conviction before the Police Court, shall be fined not less than fifty dollars for each offense; provided that nothing herein con- tained shall be held to apply to scales, weights, steelyards, cloth measures, liquid or dry measures, kept for sale. Sec. 71. The tare to be allowed on all articles of provisions, produce and merchandise shall be the same as may be, from time to time, prescribed by the Chamber of Commerce. See. 72. For inspecting and gauging all other articles not enumerated in the foregoing sections, the Inspector shall receive such fees as are herein allowed for articles of a like description in bulk, nature, quality or class; and for weighing any article not herein enumerated, he shall receive one-half per cent. per one hundred pounds. Sec. 73. Whenever the Inspector shall test, gauge, weigh or inspect any article, he shall mark or brand the same with his name, and the weight, quality or quantity of the article. Sec. 74. He may, if he choose, appoint a deputy, to be con- firmed by the Legislative Council, who shall be sworn to per- form his duties faithfully as such deputy; and if any person, not the Inspector or his deputy, shall presume to discharge the duties of Inspector, or use or make a brand or mark purport- ing to be that of the Inspector, he shall be deemed guilty of a misdemeanor and fined, on conviction by the Police Court, not less than ten nor more than fifty dollars for each offense. Sec. 75. of this ordinance, or any person or firm that shall be guilty Any person guilty of violating any part or section of selling, or offering to sell, any article of merchandise of short weight or measure, shall be deemed guilty of a misdemeanor, and, on conviction before the Police Court, shall be fined not less than ten nor more than fifty dollars for each offense. And it is hereby made the duty of the Inspector and police of the city CITY ORDINANCES. 283 INSPECTOR OF WEIGHTS AND MEASURES. to bring all persons violating this ordinance, or any provisions thereof, before the Police Court for trial. Sec. 76. the performance of his various duties made out and printed and The Inspector shall have a schedule of his fees for exposed to view in his office, and in the office of the Mayor. Sec. 77. No drayage shall be charged by the Inspector, except when the Inspector shall be called to inspect between: quarters, and then he shall charge only actual drayage.* Sec. 78. Inspector of Weights and Measures, he shall be empowered to That, in addition to the duties now required of the inspect measures and grade all lumber landed at the port of Memphis for sale, at the request of either the buyer, seller or carrier, the fees charged, as provided hereafter, to be paid by the party requesting the inspection or measurement. Sec. 79. He shall be empowered to appoint a Deputy Lumber Inspector, shall fix his compensation, and pay him from the reve- nues derived from said inspections and measurements. Sec. 80. The Inspector shall be entitled to charge and receive for his services (one-fourth (14) of which shall be paid to the city) the following fees per 1,000 feet, board measure: Cottonwood, cypress, ash and poplar logs................ $0.07 RATE LAME LCE We ey aici lassie “yess ny bse a's Gig Ald Orde] ater eje Saas ere 10 MMI Leo os Sit see o's abevg nce Sieg wills Gwiesdloae Coe ee 12% Mimmperanitosizes, when handled (: 2)... ¢c0.00. 0.3 deen .50 Berimerenll sizes, when not handled ......<...2.-+sess 20 for the measuring, inspecting, grading, counting and handling of all lumber so counted, graded, inspected, measured and han- dled by him. He shall give a certificate of the quality and quan- tity to the owner, and render his account or fees in writing to the party liable for the same, as provided in Section 18. 1 Passed January 28, 1888. Schedule of fees posted in office of inspector and Mayor’s office. No drayage charged ex- cept between quarters, Shall inspect lumber. Deputy Lum- ber Inspector. Fees for lumber in- spection. 284 CITY ORDINANCES. WHARFMASTER, DUTIES, ETC. Sec. 81. He shall have power to inspect the scales, weights and measures of any party doing business in the city, and if any of said scales, weights or measures be found manifestly incor- rect, and fraud or dishonesty is evident, the said Inspector shall have power, and he is hereby required, to bring the owner or other person using such incorrect weights or measures before . the Mayor, and if said owner or other person using such in- Penalty for false weights and measures. Compensa- tion. Collect wharfage dues. River front divided into four parts. ‘correct scales, weights or measures be found guilty of any dis- honesty or fraud, in relation thereto, he shall be fined not less than ten nor more than fifty dollars. And such incorrect scales, weights and measures shall be destroyed in the presence of the Mayor, in his discretion. Sec. 82. He is hereby required to pay to the Tax Receiver one-fourth of all collections received by him as Inspector, resery- ing for himself three-fourths of said collections. ARTICLE 13. WHARFMASTER—WHARFAGE. Sec. 838. The Wharfmaster shall collect faithfully all wharf- age dues which he is now or may hereafter be authorized to col- lect, and: perform such other duties as may, from time to time, be assigned him by the ordinances of the city. Sec. 84. | For the better regulation of the landing of steam- boats, flatboats and other watercraft, and the shipment and discharge of cargoes, the wharf or landing shall be, and is hereby, divided into four sections, to be known and designated as fol- lows: 1. The first section shall embrace all that portion of the wharf between the north boundary line of the city and the north line of Poplar street extended to the river. CITY ORDINANCES. 285 WHAREFMASTER, DUTIES, ETC. 2. The second section shall embrace all that portion of the wharf between the north line of Poplar street extended to the river and the south line of Jefferson street extended. 3. The third section shall embrace all that portion of the wharf between the south line of Jefferson street extended to the river and the south line of Union street extended. 4. The fourth section shall embrace all that portion of the wharf between the south line of Union street extended and the south side of Linden street. Sec. 85. The landing for flatboats, keels and barges shall be designated by the Wharfmaster, and shall be within the limits of the first and fourth sections of the landing. The landing for steamboats shall be designated by the Wharfmaster, and shall be within the limits of the second and third sections of the land- ing; provided, however, that the Wharfmaster may, when the exigencies of the case require it, designate a landing for steam- boats within the limits of either the first or fourth section. Sec. 86. The Wharfmaster is hereby vested with full power and authority to compel all boats, vessels and watercraft to take the position which he may assign them at the wharf, land- ing or harbor, and to compel each and every boat, vessel or water- craft lying at the wharf to give ae and make room for other boats or watercraft to come to the shore and take the place assigned to them, and to lie in such manner as, in his judgment and discretion, may be best calculated to promote the conven- ience of all boats, vessels and watercraft lying at or near to the shore or wharf; and in all such matters the Wharfmaster shall be the sole judge; and, upon failure, neglect or refusal of any such owner, master, agent or person in charge of any such boat, vessel or watercraft to obey the Wharfmaster, he, she or they shall forfeit and pay to the city—if controlling a steamboat—the sum of not less than five nor more than fifty Landings for boats of dif- ferent classes. Wharfmas- ter shall reg- ulate landing of vessels. Penalty for refusal to comply with order of Wharfmaster. 286 CITY ORDINANCES. WHARFMASTER, DUTIES, ETC. Repairs at wharf—under what condi- tions. Steering oar to be un- shipped at landing. Penalty for failing to do..so. dollars for each and every offense, and a like sum for each and every day that any such boat or vessel may be permitted thus. to remain; if a flatboat, keelboat or bargeboat, etc., the owner,. master, agent or person in charge thereof shall forfeit and pay to the city a fine of not less than two nor more than thirty dollars, and a like sum for each and every day that such boat or watercraft may thus remain; provided, however, that, in the absence of the Wharfmaster, or of instructions from him or his deputy or deputies, any boat, vessel or watercraft may come in and make fast at the wharf or landing, at or in any vacant berth or space set apart and designated at the landing: place for that particular description of boats, vessels or water- craft, always subject, however, to the subsequent approval ot the Wharfmaster. Sec. 87. The Wharfmaster, with the concurrence of the Police and Fire Commissioners, may grant boats or vessels per- mission to make repairs at the wharf or landing, when, in the judgment of the parties aforesaid, such permission will not. interfere with the general convenience of business or trade at the wharf or landing; the Wharfmaster, at his discretion, to designate and prescribe the place and limits which the owner,. agent or master of any boat or vessel so repairing shall occupy, from time to time, with his boat, material and workmen. Sec. 88. It shall be the duty of the Wharfmaster to require all owners, masters, agents or persons in charge of any flatboat or other watercraft using a steering oar, which may be lying at the wharf or landing, to unship his or their steering oar, and place the same so as not to be in the way of, or in any manner to obstruct or interfere with, boats coming to or lying at the wharf or landing; and, upon failure, neglect or refusal to com- ply with this restriction, the owner, master, agent or person in charge of any such boat or watercraft so failing, neglecting CITY ORDINANCES. 287 WHARFMASTER, DUTIES, ETC. or refusing shall forfeit and pay to the city a fine of not less than two nor more than ten dollars for each offense, and a like sum for every day he, she or they may fail, neglect or refuse to comply; said fines recoverable, with costs, as in other cases of fines and forfeitures. ~Sece. 89. The Wharfmaster, with the concurrence of the Police and Fire Commissioners, is hereby vested with full power and authority to direct and compel the owner, master or agent or other person in charge of each and every boat or vessel, of whatsoever character or kind, lying and being within the limits or port of the city, that may be found, considered and adjudged to be in a leaking or sinking condition, to have the same forth- with removed beyond the limits of the landing or harbor of the district, or to such point or place within the limits of the city as the Wharfmaster and said Board may deem best; and it shall be the duty of the Wharfmaster to give to the owner, master, agent or person in charge of said leaking or sinking boat or vessel immediate notice thereof, if to be found within or about the city, as well as to notify him, her or them of the determination of the authorities in relation thereto; and should he, she or they fail, neglect or refuse to move, or have the Same removed, within six hours from and after having received such notice, he, she or they shall (if controlling a steamboat) forfeit and pay to the city the sum of not less than twenty-five hor more than fifty dollars; if a flatboat, keelboat, barge, etc., the sum of not less than ten nor more than twenty-five dollars for each and every offense, and a like sum for each and every six hours that he, she or they may permit such boat to remain. Sec. 90. Should the owner, master, agent or person in charge of any leaking or sinking boat, vessel or watercraft, as re- ferred to in the preceding section, after having been duly noti- fied of the condition thereof by the Wharfmaster, or other officer, fail, neglect or refuse to remove the same as required, Shall cause removal of leaking vessels. Procedure in case of fail- ure to remove leaking vessel. 288 CITY ORDINANCES. WHARFMASTER, DUTIES, ETC. Vessel shall not occupy unnecessary space or pre- vent other vessels from landing. it shall be the duty of the Wharfmaster to have such boat, vessel or watercraft removed, at the earliest possible period, at the expense of the owner, master, agent or person in charge of the same; and he shall retain the possession thereof until the entire cost and expense of such removal shall be fully paid and satisfied. And, in case such boat, vessel or watercraft should sink within the limits of the city landing or harbor before removal, the owner, master, agent or person in charge thereof shall be, and he, she or they are hereby, required to remove the same and every part or parcel thereof, beyond the limits of the city landing or harbor, at his, her or their own proper cost and expense. And, in case of failure, neglect or refusal on the part of such owner, master, agent or person in charge to make the removal, as required by this section, of any and all such wrecks within the time specified by the. Whart- master, it shall be the duty of the Wharfmaster, under the di- rection of the Fire and Police Commissioners, at the cost of the owner, master, agent or person in charge, to have the same removed beyond the precincts of the city landing or harbor, in the cheapest and most practical manner, keeping an accurate account of the outlay, so as to have the same charged up to the proper party or parties on the books of the city; and, in case of his, her or their refusal to pay the same, on proper application, the amount so expended shall be recoverable from the owner, agent or charterer of such boat—the same, with all her machinery and fixtures, being liable for such charges, and a lien for such costs and charges being hereby fixed and re- tained thereon. Sec. 91. No steamboat or boats shall be permitted to occupy at the wharf or landing more than a reasonable or usual space for the purpose of receiving and discharging freight or cargo, when the same is needed by other boats for the same purpose; nor shall any steam or other boat, by means of stern lines, or CITY ORDINANCES. 289 WHARFMASTER, DUTIES, ETC. other obstructions, prevent other boats from ‘“‘coming to’’ and landing at the wharf, or landing at their sterns, or beside them, in the usual manner. Any steamboat or boats, or their masters, owners or charterers, acting in violation of any of the provisions of this ordinance shall forfeit and pay to the city a fine of not less than ten nor more tnan fifty dollars for each and every offense, and a like sum for every hour he, she or they may continue to act in violation of this ordinance. Sec. 92. The Wharfmaster shall have full power and au- thority to direct in what manner and places freight shall be ar- ranged which is discharged and to be hauled away and conveyed thither for the purpose of being shipped; to arrange all mat- ters of dispute arising from differences of opinion, regarding individual rights to the wharf by parties doing business thereon, in connection with the shipping and landing of freight; and to decide all such matters appertaining to the wharf, and to de- termine the same; and in case any captain or other person re- sists, opposes or refuses to obey the orders of the said Wharf- mester in thus discharging the duties of his office, such cap- tain or other person so offending shall, for every such offense, be fined in a sum*not less than five nor more than fifty dollars. Sec. 93. All persons are forbidden to have cotton or other produce, or merchandise of any kind, hauled to the landing and deposited thereon until the boat or boats upon which such cot- ton, produce or merchandise is to be shipped, has announced her readiness to receive freight. Sec. 94. Cotton and other articles which may be landed at the wharf or landings of the city, from any description of boat whatever, shall be removed from the wharf or landing within twenty-four hours after the date of their landing; and, if not removed in the time specified, it shall be the duty of the Wharf- master to have all such cotton removed and stored at the ex- General su- pervision over wharf. Cargo not to be deposited on wharf, etc. Freight shall be removed in. 24 hours. Procedure in ease of fail- ure to remove. 290 CITY ORDINANCES. WHARFMASTER, DUTIES, ETC. Wharf shall not be ob- structed. neues of the owner or owners of such goods or their agents. And he is hereby authorized to hold the same until all expenses are paid; and if the expenses of such removal and storage are not paid within ten days thereafter the Wharfmaster shall pro- ceed to sell the same, or so much thereof as will be sufficient to pay the expenses of removing and storing, and all other neces- sary charges incurred; and the Wharfmaster shall give at least ten days’ notice, in one or more daily papers, of the time and place of sale, and of the articles to be sold, and on what account; provided, however, that the Wharfmaster is hereby authorized, in cases of emergency or hardship, to use his discretion in per- mitting cotton or other merchandise to be deposited on the land- ing, and also in having cotton, merchandise, etc., removed from the landing, which may have been deposited there and remain, contrary to the intent and meaning of this ordinance; and, provided further, that if the amount of any sale thus made be insufficient to defray the expenses incurred in making such removals, the remainder shall be paid out of the city treasury and out of the wharfage fund, and if the sale shall amount to more than is sufficient to defray the expenses aforesaid, the Wharfmaster shall pay over the surplus to the Tax Receiver for the use and subject to the order of the consignee, owner or agent of the merchandise, goods or other articles sold. See. 95. No person, by himself or agent, shall, at any time, deposit, or cause to be deposited, on the wharf, landing, Water street, or any other of the contiguous public grounds or pass- ways leading to the river, any nuisance, incumbrance, obstacle or hindrance to the free and uninterrupted passage or trans- action of business at the said wharf or landing, Water street, etc., except such articles as are intended for shipment or imme- diate storage in the city. Nor shall any person scatter hay, straw or any other article or substance on the levee, or make fires thereon, without permission of the Wharfmaster, and CITY ORDINANCES. 291 WHARFMASTER, all skids and other things used for the purpose of storing freight shall be placed and piled in such position and place as the Wharfmaster may direct. Sec. 96. It shall be the duty of the Wharfmaster to cause to be removed all timbers and other obstructions in the river, or along the shore or landing, which may, in any manner, hin- der or endanger the free and safe ingress and egress of all boats or watercraft to or from the wharf or landing; and any person or persons bringing or in any manner retaining the same within the bounds of said landing, shall be guilty of a violation of this ordinance. Sec. 97. The Wharfmaster shall have full power and author- ity to regulate all drays, carts, wagons, hackney coaches or other vehicles at or about the wharf or landing, or about Water street, and to prevent obstruction, by such vehicles, of the passage to and from the wharf or landing; and, in case of neglect, failure or refusal of any drayman, cartman, wagoner, hackney coachman or other driver of a vehicle, to comply with the requirements of the Wharfmaster, the owner, driver or person in charge of any such dray, cart, wagon, hacknéy coach or other vehicle shall forfeit and pay to the city a fine of not 7 less than one nor more than ten dollars, and a like sum for each and every offense. Sec. 98. In case of failure, refusal or neglect of the owner, master, agent or person in charge of any steamboat, flatboat, Keelboat, barge or other watercraft to pay for his, her or their landing privilege and daily wharfage dues to the city, as here- inbefore set forth, or any part or parcel thereof, after due and proper application by the Wharfmaster, or his regular author- ized agent, in addition to the fine imposed for a violation of this ordinance, it shall be the duty of the Wharfmaster to bring suit for the same under the direction of the Attorney. DUTIES, ETC. Wharfmas- ter shall re- move all ob- structions on wharf or in river. Regulate wagons, car- riages, drays, etc., on wharf. Suit to be brought for failure to pay wharfage. 292 CITY ORDINANCES. WUHARFMASTER, DUTIES, ETC. Boats fast- ened to other boats shall pay wharf- age dues. Extent of wharfage laws. Flatboat shall not -be used for boarding house, ete. Passengers not to be re- ceived more than 6 hours before de- parture, nor 8 hours after arrival. And, if the Wer: qecu? or person. in charge of any whart- boat neglect, fail or refuse to pay the wharfage rates or dee imposed by law, upon the demand of the Wharfmaster or his agent, it shall be the duty of the Wharfmaster to at once re- port the same to the Mayor, who may, with the: Wharfmaster, remove wharfboat from the wharf and from the city. And this, in addition to the fine imposed for a violation of this ordinance, and suit may also be brought for the said dues. Sec. 99. Every steamboat, flatboat or other watercraft land- ing astern of any other boat or boats occupying a berth or landing at any part or point of the landing, whether such boat astern be fastened to another boat ashore, or be laid at anchor, and using and exercising all and any of the privileges used by boats at shore, shall pay the same rates of wharfage as pro- vided for boats occupying a berth at shore, and shall be held subject to all the rules and regulations governing such boats. Sec. 100. The wharfage laws of the city shall extend over the entire Mississippi front of the river; also on each side of Wolf River to the northern boundary line of the city. Sec. 101. No flatboat shall be allowed to lay at the landing and carry on ihe business of a boarding house, or for the pur- pose of retailing vinous, spirituous or malt liquors, or shall keep a ten-pin alley or other like game or amusement on board, under penalty of from one to fifty dollars for each and every day they may be engaged in either or any of such occupations. Sec. 102. It shall be unlawful for any steamboat running to and from the ey to receive, keep and entertain passengers for a period of more than six hours before their departure from the wharf, or to keep passengers, as such, for more than three hours in daylight after their arrival in port, unless said steamboat first take out license for a hotel, according to law; and the cap- CITY ORDINANCES. 293 WHARFMASTER, DUTIES, ETC. tain, master or manager of any steamboat guilty of any viola- tion of this section shall be fined, on conviction, not less than twenty-five nor more than fifty dollars for each offense. Sec. 103. pay one dollar per day. All charges and rates of wharfage shall Coalboats, while actively engaged in unloading, shall fall due daily at eleven o’clock, and any boat of any description for any time it may remain at the wharf less than a day, shall be chargeable for a whole day, except as hereinbefore provided. Sec. 104. Whenever coal, wood, lumber or any other article is placed upon the public ground contiguous to and around the landing or wharf, or upon the wharf itself (which may be done by consent of the Wharfmaster and Fire and Police Commis- sioners, when it does not interfere with the legitimate business of the landing), for the purpose of sale, or shall remain there twenty-four hours, except as freight to be shipped from the city, said Wharfmaster shall allot a certain space, sufficient for each person so wishing to use the public grounds, and shall charge and receive from said persons the following rates as wharfage, to-wit: For every space of twenty feet of ground in width, of river shore, and running back one hundred feet, same rate as paid by flatboats, and a proportionately greater sum for a greater space occupied. Sec. 105. Any person violating any of the provisions of this article shall be guilty of a misdemeanor, and shall, on conviction before the Police Court, forfeit and pay a fine of not less than one nor more than fifty dollars for each and every offense, ex- cept in particular cases provided for in this article, or where different fines are established and prescribed. Sec. 106. The jurisdiction of the Wharfmaster, for the pur- poses contained in this article, shall embrace all the public sround covered by the entire landing front and extending back Coalboats— wharfage— when pay- able. Charges for coal, etc., oc- cupying space on wharf. Penalty for violations of this article. Local juris- diction of Wharfmaster. 294 CITY ORDINANCES. WHAREFMASTER, DUTIES, ETC. Bond to be given by wharfboats. City not lia- ble for injury to wharf- boats. Business shall not be conducted on landing. to the western line of Front street, as at present named and designated; and it is hereby made his duty to keep the wharf and promenade free from all obstructions, buildings, lumber, garbage and everything else. Sec. 107. All wharfboats now moored, or that may hereafter be moored in front of the’ landing or river front, shall give a bond in the sum of five thousand dollars to the city, conditioned that if any such wharfboat shall sink, be burnt, or in any other manner become an obstruction to the ingress or egress of steam- boats or other water craft, the owners or agents in charge of the same shall remove the wreck or obstruction at once, and at the owner’s risk and expense. Sec. 108. All wharfboats moored at this port, or that shall hereafter be moored at the same, shall be so moored at the risk of the owners of the same, and, in case of loss or injury to said boats, from any cause whatsoever, the city is not to be liable for said loss or injury in any event; provided, however, that no wharfboat shall be allowed to moor at this port unless and until the aforesaid bond is given; and if said bond is not given as soon as this ordinance becomes operative as to boats now moored, the Wharfmaster, under the direction of the Mayor, will proceed at once to have the same removed from the city at the expense of the owners of the same.? Sec. 109. No person shall hereafter be allowed to engage in any business upon the landing, paved or unpaved, or the river front of the city, without the written permission of this Coun- cil, and all now engaged in business of any kind on such levee or landing shall at once cease to do business until they first obtain such permission to continue the same; provided, that 1 By ordinance passed January 29, 1880, the word ‘‘paved’’ was stricken out here and after ‘‘landing’’ the words ‘‘or river front’’ inserted. 2 Powers of city over wharves. See Taxing District Act, Section 10. CITY ORDINANCES. 295 POLICE DEPARTMENT, DUTIES, ETC. this ordinance shall not apply to stevedores or others engaged in loading or unloading steamboats or other watercraft. And anyone violating this ordinance shall, upon conviction before the Police Court, pay a fine of not less than one nor more than fifty dollars for each and every offense, and every day’s viola- tion thereof shall be deemed a distinct and separate offense.* ARTICLE 14. POLICE DEPARTMENT. Sec. 110. There is hereby established a Police Department in and for the city, which shall be composed of Fire and Police Commissioners, Chief of Police and such other officers and sub- ordinates as are provided by the act establishing this city, to be known as the Police Department of the City of Memphis. Said department shall be under the immediate control of the Fire and Police Commissioners, who shall enact rules and regu- lations of discipline for the government of the same. Sec. 111. The officers and subordinates are hereby graded as follows: One Chief of Police, one or more Captains, one or more Sergeants, one or two Station Keepers, one or two Turn- keys, two or more detectives, one Clerk for Chief of Police and Police Court, and such number of day and night patrolmen as the Board of Fire and Police Commissioners: may, from time to time, direct, not exceeding the number prescribed by law. The officers and subordinates provided for in this section shall receive such compensation as the Board of Fire and Police Com- missioners may, from time to time, allow, in accordance with the act establishing the city. They shall take the usual oath of office before entering upon their respective duties, and shall hold their office or appointment during the will of the Mayor. 3 Section 109 passed January 26, 1880. y oe powers of Commissioners to appoint officers, see Senate Bill No. 162, Acts Constitution and con- trol of. Officers’ compensa- tion and oath. 296 CITY ORDINANCES. POLICE DEPARTMENT, DUTIES, ETC. Vacancies. Duties of Chief of Police. Duties of police cap- tains. Duties of patrolmen. In case a vacancy occurs in any appointment provided for in this section, by resignation, removal, death or otherwise, it shall be the duty of the Board to fill such vacancy without delay. Sec. 112. The Chief of Police, under such rules and regula- tions as the Fire and Police Commissioners may establish, shall have general care of the peace of the city, and see that all subor- dinates do their duty in preserving the same. He shall have control over the entire police force, and see to the execution of every ordinance. He shall have general supervision over the subject of nuisances, and the abatement of same; and shall exer- cise and discharge all such powers and functions as pertain to the office of Chief of Police, ‘and as the Fire and Police Commis- sioners may, from time to time, prescribe. He shall make a monthly report to the Board of Fire and Police Commissioners of the general condition of the Department, together with such other matters as pertain to his office, and perform such other duties as may be required of him by ordinance. Sec. 1138. The Captains of Police, under such rules and regu- lations as the Fire and Police Commissioners may establish, shall have contral of their respective commands, and shall so distribute the members of the same as shall best preserve the peace, quiet and good order of the whole city. Complaints against officers or patrolmen shall be made through the Chief of Police to the Fire and Police Commissioners. Sec. 114. The police, or any of them, shall arrest all persons found violating any city ordinance, or law of the State, within the city limits.1 Such person shall be immediately committed 1 An officer may, without warrant, arrest a person: 1. For a public offense committed, or a breach of the peace, threatened, in his presence. 2. When a felony has been committed, though not in his presence (see 6 H. 53). 3. When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it (see 3 Head, 127 and 146). 4. On charge made, upon reasonable cause, of the commission of felony by the person arrested. ‘Code, § 5037. An officer cannot, without warrant, arrest a person for a misde- meanor not committed in his presence. 3 Cold. 205. CITY ORDINANCES. 297 FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. to the city prison. And such person may, however (if for a violation of a city ordinance), be discharged for the time being if he or she shall deposit in the hands of the Station-house Person ar- rested—how disposed of. Keeper on watch (taking his receipt therefor), a sum of money not less tnan five nor more than fifty dollars, as security for his or her appearance on the next morning before the Police Court. In case of failure to appear and answer, said amount shall be forfeited to the city. Said Station-house Keeper shall be gov- erned in taking such forfeit, as to amount, by the grade of the offense charged. * See. 115. No policeman shall, under any circumstances, re- ceive or take any money, or other valuable property, or effects of any kind or description, from any person under arrest, or threatened with arrest, except pistols, bowie knives, razors or other deadly weapons, except in the presence of the Station- house Keepers or their assistants, to whom all money or other property belonging to any arrested person shall be delivered; for money or property so delivered to them, the Station-house _ Keeper or his assistants shall give to the person arrested a receipt. Such Station-house Keeper or assistant, and his securi- ties as such, shall be responsible and liable for all money or other valuables so intrusted to him. Any policeman or other officer violating the provisions of this article shall be deemed guilty of a misdemeanor, and shall be dismissed from office. ARTICLE 15. FIRE DEPARTMENT. Sec. 116. There shall be appointed by the Fire and Police Commission, a Chief of the Fire Department, who shall hold his position as such Chief subject to removal by said Fire and Police Commissioners. The Chief of the Fire Department, under the supervision of the Fire and Police Commissioners, except as herein provided, shall superintend the construction of all Property of persons ar- rested. Appointment and duties of. 298 CITY ORDINANCES. FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. Monthly report. Assistant Chief. Powers of Chief. Engines, etc. Engines, etc., supervision of. buildings within the fire limits of the city, and see that the ordinances of the city in regard to the same are enforced. Sec. 117. He shall make a monthly report to the Board of Fire and Police Commissioners of all matters of interest con- nected with the Fire Department. He shall report the number of fires occurring in the city, and the cause of each, when it can be ascertained; the amount of loss sustained by each and every individual; the amount covered by insurance, etc. Sec. 118. There shall be, if the Fire and Police Commission- ers deem it necessary, an Assistant Chief of the Fire Depart- ment, to be appointed in the same manner as the Chief, who shall assist the Chief in the discharge of the duties of his office. Sec. 119. The Chief of the Fire Department shall have gen- eral supervision, direction and control of the same: communi- cate his orders to the Captains of the respective companies, who shall cause them to be promptly executed. He shall examine into the condition of the different companies, and require the engineers to keep their engines, and all apparaeee connected therewith, in good order. Sec. 120. The steam engines, and the officers and privates connected therewith, shall be known as the Steam Section of the Fire Department, and shall consist of three or more steam fire engines, to be numbered one, two, three, and so on, and one or more hook and ladder companies, to be numbered in like manner, all of which shall be stationed at such places as the Fire and Police Commissioners shall direct. Sec. 121. This section of the Fire Department shall be under the immediate supervision of the Chief of the Fire Department and the Fire and Police Commissioners, who shall have power CITY ORDINANCES. 299 FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. to cause all necessary repairs of the engines, carriages and ap- paratus to be made, so as to keep the same in complete order. Sec. 122. There shall be an engineer to each steam engine, who shall hold his position subject to removal by the Mayor;* he shall be chief officer of the engine, and keep the same in good running order, and shall run the same on all occasions when directed by his Captain or the Chief of the Fire Department. He shall deliver over to his successor in office the engine of which he shall have special charge in good order, the usual wear and tear excepted. Sec. 123. There shall be one Captain to each steam engine, and one to each hook and ladder company, who shall hold their offices, respectively, subject to removal by the Mayor.* Each Captain shall exercise control over the persons employed under him, and shall have the custody of the house in which his en- gine, ladder, truck, etc., are kept, and shall report to the Chief of the Fire Department all derelictions of duty, absence and misbehavior among the men employed under him; he shall de- vote his entire time to the discharge of the duties of his office, and shall have charge of and be responsible for all the property of the company, except as hereinafter provided. Sec. 124. Any number of men, not exceeding twelve, may be employed for each engine, to perform such duties as the Chief may direct; and seven men may be employed for the hook and ladder company, to be likewise under the direction of the Chief. Sec. 125. The companies of the Fire Department shall be fur- nished with a copy of the fire ordinances, and such rules and regulations as may be made by the Board of Fire and Police Commissioners, which shall be framed and placed in a conspicu- ous place in the respective engine houses. These rules and regulations it shall be the duty of the officers and men strictly to observe and conform to. 1 Under Chapter 54, Acts 1905, power to remove is placed in the hands of the Board of Fire and Police Commissioners. Engineers. Captains. Firemen. Fire ordi- nances to be observed. 300 CITY ORDINANCES. FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. Fire districts. Duties of watchman on duty. Power of captains. Engineers. Racing or reckless driving. Sec. 126. The city shall be divided into four districts, which shall be as follows: District No. 1 shall consist of and embrace all that portion of the city north of Poplar street. District No. 2 shall consist of and embrace all that portion of the city be- tween Poplar and Madison streets. District No. 3 shall embrace all that portion of the city between Madison and Beale streets: and District No. 4 all that portion of the city between Beale and the southern boundary line of the city. It shall be the duty of the watchman on duty, upon receiving an alarm of fire from a responsible source, to pull the alarm telegraph box and imme- diately ring an alarm of fire, by the bell, to correspond to the number of box from which the alarm comes. In case of the absence of the Chief, the Captain in whose district the fire may occur shall control. The Captains of the several companies shall act as Fire Wardens in their respective districts, under the direc- tion of the Chief. Sec. 127. The Captains shall have charge of their companies. at fires, or on occasions of fire alarms, and see that the engines, pipemen, hosemen and drivers properly and efficiently perform their respective duties, as well at fires as at the engine houses; and in the event of the absence of the Captain, or of his neces- sary performance of the duties of Chief, then his duties as Cap- tain, and the authority incident thereto, shall be exercised and discharged by the principal or first pipe director, and, in his. absence, by the assistant or second pipe director. Sec. 128. The engineers shall have charge of the engines, keep: the same in perfect running order, and run the same upon the: order of their respective Chiefs or Captains. Sec. 129. Racing to or from fires is not allowed under any circumstances, or reckless driving, under the penalty of dis-~ missal; and if the apparatus of several companies proceed on. the same street to or from a fire, they shall do so in single file. CITY ORDINANCES. 301 FIRE DEPARTMENT, OFFICERS, Sec, 130. Any driver of a steam engine or hose carriage driv- ing or running over hose, unless it cannot be avoided, shall be subject to dismissal from the Fire Department. Sec. 131. When the Chief of the Fire Department shall find the fire so far reduced that one or all of the companies may cease work, he shall dismiss them, or cause the same to be done. Sec. 132. pear on duty without such badge as the Fire and Police Commis- No officer or member of the Department shall ap- sioners may provide. Sec. 133. Any officer or member absent from a fire shall be subject to dismissal, except for good and sufficient cause ap- pearing to the Chief and Mayor. Sec. 134. If the charge of intoxication be preferred and found against any officer or member of the Fire Department, he shall be discharged; and, further, it shall be the duty of every officer and member of the Department to report each member violating this rule to the Chief, who shall report the same to the Mayor. Sec. 185. Members of fire companies, or other persons, are not permitted to frequent, meet, loiter or lounge about the engine houses without special permission from their. respective officers. Watchmen on duty at the engine houses, who allow the same, shall be subject to dismissal. Sec. 186. The hook and ladder company will take position, when practicable, without the lines, and as near the fire as under all tne circumstances may be found convenient. Sec. 137. Alarms are not to be given at any engine house unless received from a responsible person or persons, or from DUTIES, ETC. Dismissal for driving over hose. Engines re- lieved at fires by Chief. Badges to be worn. Absence from fires. Intoxication, penalty for. Loitering around en- gine houses not. permitted. Hook and ladder company. Alarms not to be given except from responsible source, 302 CITY ORDINANCES. FIRE DEPARTMENT, OFFICERS, DUTIES, ETC. Hose in pos- session by mistake to be returned. Riding on en- gine not per- mitted to strangers. Engineers and employes shall sleep at engine house. Collision with other vehicles. Watchman not to leave until relieved. Property not to be de- stroyed, ex- cept when. another fire bell. Watchmen on duty at the engine house shall be held responsible for all false alarms given by them. Sec. 138. Any company returning from a fire, finding they have hose not belonging to them, shall immediately return the same to the company to which it does belong. Sec. 189. The Captain of each company shall, in no instance, allow any person except the Captain, firemen, pipemen, engineers and drivers, to ride on the apparatus, either in going to or from a fire. Sec. 140. The engineers and all other employes are required to sleep at their respective engine houses; provided, however, that one member from each company may have leave of absence for one night, each in his turn, as may be arranged by the Captain. A violation of this rule shall be cause for dismissal. Sec. 141. Any driver of a steam engine, hose carriage or hook and ladder carriage, or any other apparatus belonging to the Fire Department, who carelessly or wilfully comes into col- lision with a vehicle of any kind, while going to or from a fire or fire alarm, shall be held responsible for all such damages that may occur, which shall be deducted from his wages; but all vehicles, horsemen and pedestrians shall give way to fire en- gines and apparatus going to a fire. Sec. 142. No watchman shall leave his post until regularly relieved, and any neglect of duty on his part will be good and sufficient cause for removal. Sec. 148. It shall not be lawful for any fire company, or mem- ber thereof, to destroy or damage any pavement or other public or private property, unless it shall be positively necessary to preserve or protect property that is in immediate danger of 1 Infra, Sections 624 to 627, inclusive. CITY ORDINANCES. CITY TAX ASSESSOR, being destroyed or damaged by fire, and then only in obedience to the orders of the Chief, or Captain of the company. ARTICLE 16. CITY TAX ASSESSOR. Sec. 144. The City Tax Assessor, elected at the general elec- tion, shall qualify as such Tax Assessor on or before the lst day of February succeeding his election, and on that day be inducted into the office and take up the performance of his duties. Sec. 145. The duties of the City Tax Assessor, in assessing city property, shall be the same as those now imposed by law on the County Assessor. And the office of the said Tax Assessor shall be in the City Hall. Sec. 146. The salary of the City Tax Assessor shall be three thousand dollars? per annum, payable monthly. The said As- sessor is authorized and directed to employ an assistant at a salary of nine hundred dollars’ per annum, payable monthly. Sec. 147. The date of lien for city taxes shall be January 10th, of each year,’ and the assessment of the City Tax Assessor shall be returnable on January 10, of each year. Sec. 148. The bond of the City Tax Assessor shall be, and the same is hereby, fixed at five thousand dollars, to be approved by the Mayor and City Attorney.’ AN ORDINANCE fixing the general tax levy for the year 1909. Sec. 148a, Subsection 1. Be it ordained by the Legislative Coun- cil of the City of Memphis, That a tax rate of $1.58 is hereby levied on each $100 for the current year 1909, on each and every species of taxable property within the limits of the City of Memphis, and subject to the taxing power of the city, including 1 The date of lien (January 10). Passed August 9, 1906; the balance of Article 16 passed May 9, 1903. 2 Under Acts of 1909, salary of Tax Assessor and Assistant is fixed at $4,000 and $1,500, respectively. 303 DUTIES, ETC. When to qualify. Duties. Salary. Date of lien for taxes. Bond. 304 CITY ORDINANCES. TAX LEVY, BUDGET. realty, personalty, merchants’ capital, capital invested, corporate | stock and capital stock of corporations. The tax levy shall be due and payable to the County Trustee of Shelby County, for the use of the City of Memphis, on and after the final passage of this ordinance, and shall be delinquent on the 1st day of August, 1909, and shall then be subject to the payment of interest, penalties and costs, as heretofore provided by law. Subsec. 2. Be it further ordained, That said tax, when col- lected, shall be appropriated as follows: For general purposes, $1.32; for public school purposes, $0.25; for communicable dis- ease hospital purposes, $0.01. Subsec. 3. Be it further ordained, That this ordinance take effect from and after its final passage, the public welfare requir- ing tt" AN ORDINANCE to appropriate money out of the proceeds of the tax levy for the year 1909 for the purpose of defraying the expenses of the city government for the year 1909. Sec. 148b. Subsec. 1. Be it ordained by the Legislative Council of the City of Memphis, That out of the proceeds of the tax levy and budget for the year 1909 there shall be, and is hereby appropriated, for the several departments of the city gov- ernment, the several amounts following, to-wit: For interest on the bonded debt, not more than...... $ 139,440.00 For interest on front foot assessment bonds, not more PA te Sennen nn nn nnn nnn 15,510.00 For the Police Department, not more than.......... 160,000.00 For the Fire Department, not more than............ 180,000.00 For the Board of Health, garbage and street sprink- | ling, not more ‘than 4 3284408 eee, Cee 145,000.00 2 Passed May 10, 1909. 1 $2,000 appropriated out of Board of Health Department for Commen Disease Hospital by ordinance passed in July, 1909. CITY ORDINANCES. 305 MISDEMEANORS, PRECAUTIONARY REGULATIONS. For the City Hospital, not more than............... $ 57,100.00 Of the foregoing appropriation Bf $57,100 for the City Hospital $2,100 is appropriated towards the erec- tion and maintenance of a hospital for communica- ble diseases. For the Lighting Department, not more than...... 80,000.00 For salary, printing and expense, not more than.... 40,000.00 For the Water Department, not more than.......... 25,000.00 For judgments, costs and claims, not more than.... 12,000.00 For furniture, etc., at the new City Hall, not more Sey er oli iy sa acels cs Ga eee sabe eee os 35,000.00 For streets, bridges and sewers, not more than..... 220,520.00 Eye) oe, cig yas las ciels's. 0. s 0 oes ecnctanerece $1,109,570.00 Subsec. 2. Be it further ordained, That this ordinance take effect from and after its final passage, the public welfare re- quiring it.’ ARTICLE 17. PRECAUTIONARY REGULATIONS. Sec. 149. It shall be deemed a misdemeanor to do or cause to be done the following acts, and any person convicted thereof before the Mayor‘ shall be fined not less than $1 nor more than $50 dollars, unless otherwise herein specifically provided: Sec. 150. To build any bonfire, burn any shavings [paper, trash or garbage]®, or boil any tar, pitch, resin, turpentine or other inflammable substance in any street or alley of the city, unless the same be done at least twenty feet from any building, boat, lumber yard or other property that might be injured thereby, and by the written consent of the Chief of the Fire Department, or his assistant. 3 Passed May 10, 1909. 4 Under Acts of 1905 City Court and City Judge provided for, 5 In brackets passed February 24, 1887. Acts in: viola- tion of fire ordinance, Bonfire 1n street or alley. 306 CITY ORDINANCES. MISDEMEANORS, PRECAUTIONARY REGULATIONS. Fireworks. Candle or lamp in stable. Discharge cannon, gun, etc. Kindling fire with oil. Ashes in wooden box. Sec. 151. To set off or discharge any rockets or other pyro- technic display without the consent of the Mayor, who shall specify when and where the same may be exhibited. Sec. 152. For the owner or occupant of a livery stable, or other stable, to use or allow to be used therein, or in any place containing hay, straw or other combustible matter, any lighted candles or lamps, unless the same be securely kept within a tin horn, or glass lantern; or for any person to have, put or keep any hay or straw in a stack or pile, without having the same inclosed or secured, so as to protect it from flying sparks of fire. Sec. 153. To fire or discharge any cannon, gun, pistol, fowl- ingpiece of firearms of any description, or explode or set off any rocket, squib, torpedo, cracker, or any combustible fireworks of any description, in the streets, alleys or public grounds of the city; provided, that nothing herein contained shall be con- strued to extend to any military parade, exercise or review, or fireworks exhibited by order of the Mayor, or to any exhibition authorized by a permit from the Mayor to exhibit the same for public amusement, or to any officer of the city acting in obedi- ence to law or ordinance. Sec. 154. It shall be a misdemeanor for anyone to light or kindle a fire in any house within the city with any kind of oil; and anyone convicted before the Mayor of this offense shall be ‘fined not less than $1 nor more than $50 for each offense.® Sec. 155. It shall be a misdemeanor punishable by a fine of not less than $1 nor more than $50 for any person to deposit ashes in a wooden receptacle within any building, or to leave paper, shavings or other combustible trash for an unnecessary 6 Section 154 passed September 6, 1883. CITY ORDINANCES. 307 MISDEMEANORS, PRECAUTIONARY REGULATIONS. length of time in any building within the limits of the City of Memphis.’ Sec. 156. To burn out any chimney, stovepipe or flue of any building, except when it is raining, or the roof is covered with snow, and then only in the daytime. Sec. 157. Whenever a fire may occur in this city, if the Mayor, two members of the Legislative Council, and Chief of the Fire Department shall deem it necessary to pull down, blow up or destroy any building to arrest the fire, the said house shall be removed or destroyed, as those parties shall direct. Sec. 158. It shall not be lawful for any dray, cart, wagon, street rail car, or any other vehicle whatever, to pass over any of the fire hose belonging to the city or Fire Department, whether such hose have water in them or not. Sec. 159. It shall be unlawful for any person or persons to store, or cause or suffer or permit to be kept or stored, within the following limits of the city, to-wit: Between Auction and South street, and the Mississippi River and Bayou Gayoso, a quantity greater than five barrels in any one locality, of any crude petroleum or rock oil, or any camphene or burning fluid, or any of the products produced by the distillation of coal, pe- troleum or rock oil, asphaltum, shale or peat, known under the various names of coal oil, petro oil, naphtha, kerosene, benzine or benzole; the five barrels hereby allowed to be kept in any one locality shall be kept in tin cans, and shall not be drawn or sold by any artificial light. Any person or persons guilty of a violation of this section, in letter or spirit, shall, upon con- viction thereof before the Police Court, be fined in any sum not less than $1 nor exceeding $50 for each and every offense. The 7 Section 155 passed October 6, 1892. Burn out chimney at night or in dry weather. Blowing up buildings to destroy fire. Vehicle shall not drive over hose. Unlawful to store certain ’ combustible articles— where. Penalty for violation. 308 CITY ORDINANCES. MISDEMEANORS, PRECAUTIONARY REGULATIONS. Lumber yard not to be es- tablished —where. Stocks of lumber limit- ed to 500,- 000 feet. Lumber not to be piled nearer than 50 feet of buildings. Penalty for violation. Electric wires—how run. ‘ articles herein named shall not be stored outside of the limits herein specified, unless in fire-proof buildings, located by and with the approval of the Chief of the Fire Department, and. with a sign conspicuously placed on the outside thereof desig- nating the character of storage.* Sec. 160.2. No person, firm -or corporation shall hereafter estab- lish any lumber yard, or place for the storage, piling or deposit of lumber within the following limits of the city, viz.: West of Bayou Gayoso, south of Auction and north of South street.’ Sec. 161.2 The lumber yards, or places for the storage, piling or deposit of lumber already established within the limits afore- said are forbidden hereafter to keep on hand more than 500,000 feet, board measure. But in cases where more than that quantity is already on hand the same may remain until the amount is reduced by sales or otherwise to the quantity above stated, no additions to or replenishments thereof to be made so long as the stock remains above the maximum above provided for, or so as to carry the amount above said maximum after the stock on hand shall have been once reduced thereto.* Sec. 162.2 Where lumber is kept or piled by the owners of or in connection With planing mills or other manufacturing estab- lishments, the same shall not be piled or kept nearer than 50 feet to the buildings in which the machinery is located.* Sec. 163.2 Any violation of the three foregoing sections shall be a misdemeanor, and punishable on conviction by a fine of not less than $1 nor more than $50. Sec. 164. All electric wires constructed, or to be constructed, within the City of Memphis shall be run in a straight line from 1 An ordinance known as the ‘‘Building Ordinance’’ amends this section in part. See Infra, Sections 1033 and 1084. 2 Passed April 1, 1886. 3 Sections 160 to 163 passed April 1, 1886. CITY ORDINANCES. 309 MISDEMEANORS, PRECAUTIONARY REGULATIONS. the street to the top of the building, and thence on insulators to the place where they enter or project from the building~* Sec. 165. No dead wire or wires not in use shall be permitted; and all dead wire or wires not in use shall be at once removed by the party or company who owns or operates or controls or manages the respective electric lines or routes within the city.* Sec. 166. An examination of the insulation of all high-tension electric current lines shall be made by every electric line or elec- tric company in the city each and every week, and a written report thereof filed by the owner or user of each and every such electric line, each and every week, showing the true condition thereof; said report shall be filed as aforesaid with the Chief of the Fire Department or with the Legislative Council.* Sec. 167. When different electric lines cross each other, when a high-tension current is used, such current approximating 500 volts, guard-wires shall be placed by such company or com- panies in such position and in such manner as the Chief of the Fire Department and City Electrician may direct and approve, and when such current is used the entire line shall be guarded and protected in such manner as the City of Memphis may from time to time direct. Sec. 168. No electric work done under this ordinance, or any other, shall be deemed complete and satisfactory, unless the Chief of the Fire Department and the City Electrician shall first accept the same in writing, and such acceptance duly filed with the Legislative Council, and no company or person using an electric current approximating 500 volts shall be permitted to use a wire except of the best character, known and used for such high-tension current, and the same shall have been first SS SS Ee EEE Eee 4 Sections 164 to 169 passed April 9, 1891. Dead wires not. permitted. Report of in- sulation of all high tension electric lines to be made every week. Guard wires to be placed where high tension cur- rent is used. Electric work and wires to be approved by Fire Chief and City ¢ Electrician. 310 CITY ORDINANCES. MISDEMEANORS, PRECAUTIONARY REGULATIONS. Penalty for violation of electric ordinance. Electric wires not to be used ex- cept under rules and regulations. Chief of Fire Department shall inspect all wires, etc. approved in writing by the Chief of the Fire Department and the City Electrician, and filed with the Legislative Council.® Sec. 169. Any violation of any of the provisions of the fore- going ordinance, or a failure to comply with any of them, by any party, company or individual, or the agent or manager or employe of any such electric company, party or individual, is hereby declared to be a misdemeanor, and shall subject the offending party or parties to a fine of not less $1 nor more than $50 for each and every offense, and that each and every day that any dead wire or unused wires are permitted to re- main unremoved shall constitute a separate offense, punishable under the provisions of this ordinance.°® Sec. 170. No wires or other electric conductors shall be here- after erected or maintained for lighting or supplying of electric power for any purpose on or in any building or any portion thereof, or on the streets or alleys of this city, except under the rules and regulations which are on file in the Secretary’s office.® Sec. 171. The Chief of the Fire Department, in addition to the duties now required of him, shall have the power, and on proper application it shall be his duty to inspect, or have in- spected, any wires placed in or on any buildings or on the streets and alleys of this city, designed to be used as conductors of electricity for lighting the same, or any portion thereof, or the supplying of electric power for any purpose. Notice shall be given to the Chief of the Fire Department before the plac- ing of wires is begun, and the Chief of the Fire Department notified when such work is under way, and it must at all times be open for his inspection, and no concealed work shall, under any circumstances, be permanently covered until passed upon by 5 Sections 164 to 169 passed April 9, 1891. 6 Passed August 8, 1895. CITY ORDINANCES. 311 MISDEMEANORS, PRECAUTIONARY REGULATIONS. him.” If, after making a careful examination -of such wires, he shall decide that all requirements of said rules and regula- tions have been complied with, a certificate of inspection, bear- ing the date and description of the result, signed by the Chief of the Fire Department, shall be delivered to the person for whom the inspection was made.® Sec. 172. It shall be the duty of the Chief of the Fire De- partment to keep a record of all inspections made by him and for whom made, and to make a yearly report of the same to December 31, of each year, to the Mayor and to the Legislative Council.® Sec. 173. system of wiring in or on any building, or any portion thereof, No alterations or additions shall be made in any or on the streets or alleys of this city, nor shall any system of wiring in or on any building, or any portion thereof, or any street or alley of this city, which has been temporarily out of service for any time, be used again as electric conductors with- out first notifying the Chief of the Fire Department, and in con- formity with the rules and regulations aforesaid.t Sec. 174. It shall also be the duty of the Chief of the Fire Department to reinspect, or have reinspected, wires used as electric conductors in or on any building, or portion thereof, or in any of the streets or alleys, whenever in his judgment he shall deem such reinspection necessary, and the Chief of the Fire Department shall have the authority to forbid the use of electric conductors or apparatus which shall not conform to said rules and regulations. 7 This duty is now imposed upon the City Electrician. 6 Passed August 8, 1895. 1 Sections 170 to 175 inclusive passed August 8, 1895. Record of all inspections of wires to be kept. | No alterations to be made in wiring, etc., without notify- ing Fire Chief. Fire Chief shall re-in- spect wires whenever necessary. 312 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. Penalty for violation of electric ordi- nance, Board of Health—how constituted. Duty of President. Contagious diseases of animals. Sec. 175. Any person or corporation who shall violate any of the provisions of this ordinance shall be subject to a fine of not less than five ($5) dollars, nor more than fifty ($50) dollars, and to a like fine for each day during which they shall continue such violation. ARTICLE 18. BOARD OF HEALTH AND HEALTH ORDINANCES. Sec. 176.°. There is hereby established a Board of Health in ‘and for the City of Memphis, to be composed of the Chief of Police, one physician, who shall have practiced his profession for not less than five years prior to his appointment; a Secre- tary, who shall be a physician in good standing, and one police- man. Said Board shall be appointed as provided in the fifteenth section of an act passed January 29, 1879, Chapter 11, p. 15. Sec. 177. It shall be the duty of the President of the Board to preside at all meetings of the Board of Health, and see that all health regulations are properly executed, and he shall make an annual report, embracing all transactions of the Board of Health for the preceding year to the Legislative Council at the regular meeting in January of each year, with such suggestions as may seem of interest to the health of the city. Sec. 178. The Board of Health of the city shall have the general supervision of all communicable diseases among domestic animals within, or that may be in transit through the city, and they are hereby empowered to establish quarantine against any animal thus diseased, or that has been exposed to others thus diseased, whether within or without the city, and may make 1 Sections 170 to 175 inclusive passed August 8, 1895. 2 As to State Board of Health, see Acts of 1887, Chapter 98, pp. 120-2; also duties of Municipal Boards of Health as to power, Ib. p.122. The jurisdiction of these Municipal Boards is also extended one mile from the corporation line—Acts of 1877, Chapter 28, pp. 41-2. See also Acts of 1879, Chapter 151, pp. 190-2, further as to the State Board of Health. CITY ORDINANCES. 313 BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. such rules and regulations against the spread and for the sup- pression of such disease or diseases as in their judgment may seem necessary and proper.’ Sec. 179. It shall be the duty of the health officer to carry out all the orders of the Board of Health and the laws of the state and ordinances of the city in relation to the sanitary regu- lations of the city; to proceed, from time to time, to make a thorough and systematic examination of the city, and cause all nuisances to be abated with all reasonable promptness. And for the purpose of carrying out the foregoing requirements, he shall be permitted at all times, from the rising to the setting of the sun, to enter into any house, store, stable or other build- ing, and to cause the floors to be raised, if he shall deem neces- sary, in order to a thorough examination of cellars, vaults, sinks or drains; to enter upon all lots or grounds, and to cause all stagnant waters to be drained off, the pools, sinks, vaults, drains or low grounds to be cleansed, filled up, or otherwise improved or amended; to cause all privies to be cleansed and kept in good condition, and to cause all dead animals, or other noxious or un- wholesome substances, to be buried or removed beyond the limits of the city. Sec. 180. In order to the carrying out of the provisions of the foregoing section, it shall be the duty of the health officer to serve a notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or who may be the owner or cause of any such nuisance, requiring him to abate the same in such manner as he Shall prescribe, within reasonable time; provided, that it shall hot be necessary in any case for the health officer to specify in his notice the manner in which any nuisance shall be abated, unless he shall deem it advisable so to do; and such notice may 3 Section 178 passed April 26, 1894. Duties of health officer. Health of- ficer shall re- quire nuisances to be abated. 314 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. Examine and cause remov- al of all per- sons with in- fectious dis- eases. be given or served by any officer who may be directed or deputed to give or make the same; and if such owner, occupant or agent shall neglect or refuse to comply with the requirements of such order within the time specified, he shall be subject to a fine of not less than five dollars nor more than fifty dollars for every such violation; and it shall be the duty of said officer to pro- ceed at once, upon the expiration of the time specified in said notice, to cause such nuisance to be abated; provided, that when- ever the owner, occupant or agent of any premises in or upon which any nuisance may be found is unknown or cannot be nd, the said health officer shall proceed to abate the same without notice; and in either case it shall be the duty of the attorney immediately to heen an action against the owner of the property to recover the cost of abating such nuisance. Sec. 181. It shall be the further duty of the health officer to visit and examine all sick persons who shall be reported to him as laboring, or supposed to be laboring, under any yellow or ship fever, smallpox, cholera, or any infectious or pestilential disease, and, under the advice of the President of the Board of Health, cause all such infected persons to be removed to the cholera, smallpox or other hospitals, or to such other safe and proper place as he may think proper, or shall be directed by the said President, not exceeding four miles from said city, and cause them to be provided with suitable nurses and medical attendance, at their own expense, if they are able to pay for the same, but if not, then at the expense of the county, as pro- vided for in Sections 1729 and 1730 of the Code of Tennessee.’ 1 These sections are as follows: § 1729. If it happens at any time that the smallpox, or other contagious dis- ease, exists in any county in the State, or the County Court entertains a well- grounded belief that such disease does exist in the county, the Court shall adopt such measures as it may think best to put a stop to the same. § 1730. The necessary expense of such measures shall constitute a county charge, and the Court may order payment of the same out of the county treasury. CITY ORDINANCES. 315 BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. Sec. 182. It shall be the further duty of the health officer, when directed by the President of the Board of Health, to cause a notice, printed or written in large letters, to be placed upon or near any house in which any person may be affected or sick with smallpox, upon which shall be written or printed the words, “smallpox here;” and if any person or persons shall deface, alter, mutilate, destroy or tear down any such notice without permission of the Board of Health, or of the health officer, such person or persons shall be liable, for each offense, to pay a fine of not less than twenty-five nor more than fifty dollars; the occupant of any house upon which such notice shall be placed or posted as aforesaid, shall be held responsible for the removal of the same, and if the same shall be removed without the per- mission of the Board of Health, or of the health officer, such occupant shall be subject to the like fine of not less than twenty- five nor more than fifty dollars, unless he shall notify the Board of Health, or the health officer, within twenty-four hours after the removal of such notice. Sec. 183. One member to be selected by the President of the Board of Health, who shall be a physician, shall act as Secre- tary of said Board, and shall keep all its records, books and papers and attend to the preparation and collection of vital statistics. He shall also make monthly reports to the Legislative Council of the proceedings of the Board of Health, and of all other matters interesting or necessary to be known in reference to the health of the city. Sec. 184. And it shall also be the duty of the Secretary of the Board of Health to visit and attend the sick prisoners in the hands of the city, and give all such prisoners the benefit of his professional services.2 EE ee a 2 Section 184 passed July 10, 1880. Shall post notice of smallpox. Secretary— how selected —powers and duties. Shall attend sick prison- ers, 316 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. Office for Ed. of Health and Dispensary td be provided. Chief of Po- lice shall as- sist in enfore- ing health ordinances. Signification of terms used in health ordinance. ‘“‘Board.’’ *“Person,’’ ‘‘owner,’’ ete. Sec. 185. The Board of Public Works shall provide an office for the Board of Health, to be centrally located, and the city shall provide medicines and establish and maintain a dispensary at the said office, under the charge of the Secretary, whose duty it shall be to keep his office open, and to dispense the medicines to indigent persons under rules and regulations to be prescribed by the Board of Health, during at least four hours of each day. [The services of all persons now connected with said dispensary, except that of said Secretary, and of a maid, and the services of an assistant for three months to assist in vaccination work, will cease. |* Sec. 186. For the purpose of carrying the provisions of this ordinance into effect, the health officer shall have power to call upon the Chief of Police for a detail of a man or men at such time as he may think proper, and upon such application, the Chief of Police shall furnish such man or men; and as often as may be requisite, to make a thorough and systematic examina- tion of the city, and to ascertain and report to the proper author- ity, for prosecution, all violations of this ordinance; and for this purpose they shall be permitted, at all times, ie vie and enter into or upon any building, lot or grounds, within the juris- diction of the city, and to make examination thereof. Sec. 187. That the terms “Board,” “this Board,’ and “said Board,” shall be held to mean the “Board of Health of the City of Memphis;” that the words “person,” “owner,” ‘tenant,’ “lessee,” “‘occupant,”’ ‘“‘contractor,” “party,” “manager,” “board” and “officer,” shall respectively be held to apply to and include, both jointly and severally, each and all owners, part owners, tenants, lessees, occupants, managers, contractors, parties in interest, persons, officers, boards and corporations, own- ing or controlling, in whole or in part, and either temporarily or 3 In brackets resolution adopted December 12, 1907. CITY ORDINANCHES. 317 BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. permanently, any property within the limits or jurisdiction of the City of Memphis; that every word or phrase anywhere herein defined shall be held to include the same sense wherever used; that the words “city,” “‘City of Memphis,” or “said city,” wherever used herein, shall be held to mean the Taxing District provided by Acts of 1879, Chapter 11, passed January 29, 1879; that the word “regulation” shall be held to include all “special regula- tions,” and that all words and phrases herein defined shall also include their usual and natural meanings, as well as those herein specially given. Sec. 188. That the word “street” when used in this ordinance, shall be held to include avenues, sidewalks, gutters and public alleys; and the words “public place’ shall be held to include parks, docks and wharves, and water, and open spaces thereto adjacent, and also public yards, grounds and areas, and all open spaces between buildings and streets, and in view of such street; the word ‘ashes’ shall be held to include cinders, coal and everything that usually remains after fires; the word ‘‘rubbish,” shall be held to include all the loose and decayed material and dirt-like substances that attend the use or decay, or which ac- cumulate from buildings, storing or cleaning; the word “garb- age” shall be held to include every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the preparation, decay and dealing in or storing of meats, fish, fowl, birds or vegetables; and the word “dirt” shall be held to mean natural soil, earth and stone. Sec. 189. That a “tenement house” shall be taken to mean and include every house, building, or portion thereof which is rented, leased, let or hiréd out to be occupied, or is occupied as the house, home, or reside ace of more than three families living independently of one anot..2r, and doing their cooking upon the premises; or by more than two families upon a floor, so living “City.” “‘Regulation.’’ **Street.’’ **Public place.’’ **Ashes..”” **Rubbish,’”’ **Garbage.’’ Ditties “Tenement house,’’ 318 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. “Lodging house.’’ *“Cellar.’’ ‘Boarding house.’’ ‘*Manufac- COLVsa- ‘‘Saloon.”’ ‘‘Theater.’’ ‘“Physician.’”’ and cooking, but having a common right in the halls, stairways, yards, water-closets or privyies, or some of them. A “lodging- house” shall be taken to mean and include any house or build- ing, or portion thereof, in which persons are harbored or re- ceived, or lodged for hire for a single night, or for less than a week at one time, or part of which is let for any person to sleep in for any term less than a week. A “cellar” shall be taken to. mean and include every basement or lower story of any building or house of which one-half or more of the height from the floor to the ceiling is below the level of the street adjoining. The phrase “boarding-house” shall be held to include any building, and any story and portion thereof which is at any time, or usually used, leased or occupied, or intended so to be, by any number of persons exceeding three, as boarders thereat. The word “manufactory” shall be held to include every building and every story and portion thereof, in which any sort of labor or work is done which calls for the continual or usual presence of several persons during several hours of the day or night engaged about said work or labor; and the word ‘saloon’ shall be held to include every portion of any building in which the business of selling meals, liquors, drink or refreshment of any kind, shall be conducted, and includes concert saloons. Sec. 190. That the word “theater” shall be held to include the building, rooms, and places where any play, concert, opera, circus, trick of jugglery, show, gymnastic or other exhibition, ‘mas querade, public dance, drill, lecture, or other public or frequent gathering or amusement are, is or may be held, given, performed or take place, and the approach or approaches to and appurten- ances thereof. Sec. 191. That the word “physician” shall include any person who practices about the cure of the sick or injured, or who has charge of or professionally prescribes for any person sick, in- CITY ORDINANCES. 319 BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. jured or diseased, and any person who pursues the business of or acts as midwife; that the phrase “contagious disease” shall be held to include all persons sick, affected or attacked by or of a disease of an infectious, contagious or pestilential nature, more especially, however, referring to cholera, yellow fever, smallpox, diphtheria, typhus, typhoid and scarlet fevers, and also including any new disease of an infectious, contagious or pestilential nature, and also any other disease publicly declared by this Board dangerous to the public health; and every physician in said city shall at all times cause his or her name, office and resi- dence, and also his or her kind and class of practice, to be prop- erly registered at the office of the Board of Health. Sec. 192. That the word ‘meat’? whenever herein used, in- cludes every part of any land animal and eggs; and the word “fish” includes every part of any animal that lives in water, or the flesh of which is not meat; and the word “vegetable” includes every article of human consumption as food which (not being meat, or fish, or milk), is held or offered, or intended for sale or consumption as food for human beings, at any place in said city. Sec. 193. That the word ‘cattle’ shall be held to include all animals, except birds, fowl and fish, of which any part of the body is used as food; the word “butcher” shall be held to include whoever is engaged in the business of keeping, driving or slaughtering any cattle, or in selling any meat; the words “private market” shall include every store, cellar, stand and place (not being part of a public market) at which the business is the buying, selling or keeping for sale of meat, fish or vege- tables for human food. Sec. 194. That every contractor in this ordinance referred to, and every person who has contracted or undertakes, or is bound to do, is engaged in doing, any one of these things in respect to which this ordinance contains provisions or regulations, shall ‘“‘Contagious disease.’”’ ““Meat.’’ ‘‘Vegetable.’’ *“Cattle.”’ ‘*Private market.’’ All persons must comply with direc- tions of this ordinance. 320 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, REGULATIONS, ETC. Officers of Bd. of Health only shall issue health certificate. Poisons not to be sold ex- cept for law- ful purpose. Opium smok- ing forbidden. Poisons, opium, etc., to be proper- erly labeled. Law as to poisonous substances to be observed. comply with this ordinance to the extent that any contract, obli- gation or duty requires or permits, and no direction of any con- tractors or persons shall excuse him for non-compliance with any part of this ordinance. Sec. 195. That every person shall observe and obey each and every special regulation, and every order of the Board of Health that is or may be made for carrying into effect any of the pro- visions or powers hereinbefore or hereinafter contained. Sec. 196. That no person, officer or board within said city, except the Board of Health and its proper officers, shall sign, grant or deliver any certificate or bill of health. Sec. 197. held for sale, or sold, except for lawful purposes and with That no poisonous medicine or substance shall be proper motives, and by persons competent to give proper direc- tions and precautions as to the use thereof; nor shall any opium- smoking be permitted or done by any one at his or her business- house, place of business, boarding house, dwelling house, or other house or place; nor shall any bottle, box, parcel or receptacle thereof be delivered to any person, unless the same is marked “poison,” nor to any person who the party delivering the same has reason to think intends it for any illegal or improper use or purpose; nor shall any one keep for sale, give away, or have or loan for use, with or without hire or award, any opium or other deleterious drug, to be smoked, inhaled, or otherwise used, nor any pipe, instrument or receptacle by which such thing may be done: and if such instrument, receptacle or pipe is at any time found by the police, they shall take the same to the police headquarters, that the same may be destroyed under orders of the Chief of Police. Sec. 198; or keep at any place of sale, any “‘poisonous, unwholesome, de- That no person shall make, offer or have for sale, CITY ORDINANCES. 321 BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. leterious or adulterated drugs, medicines or food,” or in respect thereto omit any act or thing required or do any act forbidden by any law or health regulation of said city. Sec. 199. That no person shall hereafter erect or cause to be erected, or converted to a new purpose by alteration, any build- ing or structure which, or any part of which, shall be inadequate or defective in respect to strength, ventilation, light, sewerage, or of any other usual, proper or necessary provision or precau- tion; nor shall the builder, lessee, tenant or occupant of any such building or structure cause or allow any matter or thing io be or to be done in or about any such building or structure dangerous or prejudicial to life or health. And if, in the opinion of the Board of Health, any building or structure is in an un- sanitary condition, and if, upon inspection, it is condemned for this reason as a nuisance, and in its opinion it is necessary on this account that the same be torn down, or otherwise destroyed, the owner or his agent shall be at once notified, by direction of said Board, to have such building or structure reconstructed in accordance with the laws of the city, or removed at once, and the premises put in a sanitary and otherwise safe condition, and if within forty-eight hours from such notice the thing notified to be done is not commenced, and prosecuted with due diligence till finished, then it shall be the duty of the Engineer, under the direction of said Board, to have the same done, and certify the costs thereof to the attorney, whose duty it shall be to collect the same off of the owner; and if no owner can be found, the work shall be done under the supervision of the Board of Health and engineer, and the costs thereof made out of the property by the attorney, either by sale of or renting out the same, and if, upon inspection of any cistern or well within the city, it is found in an unhealthy condition, the said Board shall take such steps as to render such cistern or well healthy; and if necessary to this end, it shall have such cistern or well closed up, in the Buildings must be erect- ed with prop- er light, ven- tilation, sewerage, etc. Owner of un- sanitary building no- tified by Bd. of Health to put same in sanitary order. Procedure in case owner or agent fails to put prem- ises in sani- tary condition. Procedure if no owner can be found. Inspection of wells and cisterns. 3227 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC., Destruction of houses or walls. Notice to be posted on dangerous buildings. manner provided in this section for removing unhealthy struc- tures; and all the structures, wells and cisterns’ in the city shall be inspected by direction of said Board at least once every three months, or oftener, if necessary, and its officers and the sanitary police shall be allowed ingress and egress to all premises for this purpose; provided, that no house shall be taken down or destroyed without tne concurrence of the Legislative Council; [and provided. further, that the Board of Fire and Police Com- missioners, when informed by the City Engineer are the Chief of ine Fire Department’ or either of them, that ie building, wall or structure of any character whatsoever cs in danger of im- mediately falling, or that its condition is such as to immediately endanger persons or property in the neighborhood thereof, may yequire the owners and occupants thereof to take down or re- move the same, or to take such other steps as may in their judgment be necessary to protect persons and property from the threatened and imminent injury, or the said Board may, if the circumstances and imminent danger require it, have the same re- moved, or have such steps taken by the City Engineer as may be necessary to protect persons and property from such threatened injury. ] Sec. 200. Hereafter, when any building or erection within the city shall become dangerous, or a nuisance, and shall on this account be condemned by the Board of Health or Chief of the Fire Department, it shall be the duty of the said Board to place notices on some conspicuous place thereon of the dangerous char- acter of the building or erection, and it shall be a misdemeanor, punishable by a fine of not less than one nor more than fifty dollars, upon conviction before the Police Court, for any one to 1 In brackets amendment passed February 24, 1896. (Amended by Building Ordinance passed November 25, 1902.) CITY ORDINANCES. 323 BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. tear down or deface such notice, unless by permission of the President of the Board of Health or Chief of the Fire De- partment.’ Sec. 201. That no owner or lessee of any building, or any part thereof, shall lease or let, or hire out the same, or any portion thereof, to be occupied by any person, or allow the same to be occupied as a place in which, or for any one, to dwell or lodge, except when said buildings, or such parts thereof, are sufficiently lighted, ventilated, provided and accommodated, and are in all’ respects in that condition of cleanliness and wholesomeness for which this ordinance provides. Nor shall any such person rent, hire, let or allow, having power to prevent, to be used as or for a place of meaning or residence, any portion or apartment of any building, which apartment or portion has not at least two feet of its height as a space above the level-of every part of the side- walk and curbstone of any adjacent street; nor of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell or exhala- tion prejudicial to health. But this section shall not prevent the leasing, renting or occupancy of cellars or rooms less elevated than aforesaid, and as a part of. any building rented or let, when they are not let or intended to be occupied or used by any person as a sleeping apartment, or as a principal or sole dwelling apartment. Sec. 202. That no person, having the right and power to pre- vent the same, shall knowingly cause or permit any person to Sleep or remain in any cellar, or in any place dangerous or prejudicial to life or health by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive substance, or otherwise.® 2 Section 200 passed March 21, 1892. 8 Sce Building Ordinance, Article 51, Supra. Unsanitary buildings shall not be rented. Rooms shall not be rented for sleeping purposes which are unsanitary. No person shall cause others to oc- cupy unsani- tary sleeping apartments. 324 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. Tenement and lodging house keep- ers shall not overcrowd. Theaters not to be over- crowded or dangerous in construction or unsanitary. Fire escapes —in what cases re- quired. Privies for fodging and tenement houses and factories, ete., to be provided. Sec. 203. That no owner, lessee or keeper of any tenement- house, lodging-house, boarding-house, or manufactory, shall cause or allow the same to be overcrowded, or cause or allow so great a number of persons to dwell, be, or sleep in any such house, or any portion thereof, as thereby to cause any danger or detriment to life or health. Sec. 204. That no person, being the lessee, manager, conductor or owner of any theater, shall cause, or permit or allow the same or any part or appurtenance thereof, to be so far overcrowded, or inadequate, faulty or insufficient in respect of strength, ingress or egress, cleanliness, ventilation, or in any other particular, as that thereby, or by reason thereof, any avoidable peril shall come, or happen to, or be incurred or suffered by any person being properly at or in any such theater. Sec. 205. The proprietor, lessee, occupant, or person in charge of each and every hotel, theater, public hall or public building in the city, or any building where manufactories, dress-making, millinery, or any other kind of work whatsoever, in the third story, or any story above the third story of said building, is done, is hereby required to provide safe and sufficient fire escapes from each and every story of the same; to be constructed under the supervision and to the entire satisfaction of the City En- gineer and the Chief of the Fire Department,’ and each day’s failure to provide the same, or any part thereof, or to keep the same, or any part thereof, in good repair, shall be deemed a distinct and separate offense.’ Sec. 206. That every person who shall be the owner, lessee or keeper, or manager of any tenement-house, boarding-house, iodging-house, or manufactory, shall provide, or cause to be pro- 1. Now under control of Building Commissioner. See Article 51, ‘‘Building Ordinance,’’ Sections 802 et al. ; 2 Section 205 passed April 8, 1880. See Acts of 1879, Chapter 5, page 6, as to duty of municipal corporations to provide safeguards against fire, etc., in theaters, hotels, ete. CITY ORDINANCES. 325 BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. vided, for the accommodation thereof, and for the use of the tenants, lodgers, boarders and workers thereat, adequate privies or waterclosets, and the same shall be so adequately ventilated, and shall at all times be kept in such cleanly and wholesome condition as not to be offensive, or be dangerous or detrimental 1o life and health. And no offensive smell or gases, from or through any outlet or sewer, or through any such privy or water- closet, shall be allowed by any person aforesaid to pass into such house or any part thereof, or into any house or building. Sec. 207. That every owner, lessee, tenant and manager of any bcarding-house or manufactory, shall cause every part thereof, and its appurtenances, to be put, and shall thereafter cause the same to be kept, in a clean and wholesome .condition, and shall speedily cause any department thereof in which any person may sleep, dwell or work, to be adequately lighted and ventilated and if the same be a manufactory shall cause every part thereof in which any person may work to be maintained at such temperature, and be provided with such accommodations and safeguards as not, by reason of the want thereof, or for anything about the condition of any such manufactory, or its appurtenances, to cause unnecessary danger or detriment to the life or health of any person being properly therein or thereat. Sec. 208. That no keeper or other person having control or authority in any jail, prison or other place where any person may be kept or confined, shall needlessly or illegally cause or allow any peril or detriment to the life or health of any such person, by reason of too little or too much heat, or of a want of food, drink, or ventilation, or from the want or neglect of any other reasonable care, protection or precaution. Sec. 209. That every person, when cleaning any street, shall clean, and every contractor shall cause to be cleaned, the gutters and parts of the streets along which the water will run, before Boarding houses and manufactories to be kept in sanitary and well venti- lated con- dition, Jails and prisons to be sanitary. Refuse from gutters and streets not to pass into sewer. 326 CITY ORDINANCES. BOARD OF HEALTH, OFFICERS, SANITARY REGULATIONS, ETC. Drain, soil pipe and sewer con- nection to be képt free. Sufficient water to be used to flush sewer. Sewers and drains to be properly constructed. using any water to wash the same, and no substance that could be before scraped away, shall be washed or allowed to be carried or be put into the sewer, or into any receptable therewith con- nected. Sec. 210. That it shall be the duty of every person using, making or having any drain, soil-pipe, passage or connection between any sewer and any ground, building, erection or place of business, and in like manner the duty of the owner and tenant of all grounds, buildings and erections, and of the parties in- terested in such place of business, or the business thereat, and in like manner the duty of all boards, departments, officers, and persons (to the extent and authority of each) to cause and re- quire that such drain, soil-pipe, passage ait connection shall at all times be adequate for the purpose, and shall convey and allow freely and entirely to pass whatever enters or should enter the Same. Sec. 211. That it shall be the duty of all boards, departments, officers and persons having power or authority so to do or require (and to the extent thereof), to cause to be used sufficient water, and other adequate means to be taken; so that whatever sub- stances may enter any sewer shall pass speedily along and from the same, and sufficiently far into some water or proper reservoir, so that no accumulation shall take place, and no exhalations thence proceed, dangerous or prejudicial to life or health. Sec. 212. That the proper officers and authorities shall, to the extent of their power and ability, cause the sewers and drains © of said city to be so well located and constructed, so adequate in size, and to be so kept in repair and cleaned, and so adequately supplied with water, and with such proper arrangements and constructions, that life and health shall not be needlessly exposed, or suffer unnecessary peril or detriment by their neglect, or by reason of the defects or deficiencies of any sewers’ or drains, or the want thereof. CITY ORDINANCES. PURE FOOD REGULATIONS. “Pe 213. That it shall be unlawful for any person, persons, firms or corporation to manufacture, for sale, produce, offer, ex- pose, have in their possession, charge or control for sale, any article of food within the city limits, or for one mile beyond its limits, which is adulterated, misbranded, below standard, or un- wholesome within tne meaning of this ordinance. Sec. 214. That it shall be the duty of the City Board of Health > enforce all of the city ordinances governing food, to adopt rules governing minimum standards for all classes of goods, de- fining specific adulterations, and declaring proper methods of collecting and examining food, and such other rules and regula- tions as in their judgment may be necessary for the proper en- forcement of these ordinances, and the violation of said rules shall be punished on conviction as set forth in Section 237 of this digest, provided that nothing in this section shall be so con- strued as permitting the adulteration of a standard which is specifically stated in the city ordinances. Any person offering or exposing or delivering for sale any food stuff, shall furnish all inspectors of the Board of Health with a sample sufficient for analysis whenever so requested, and whoever in any way inter- feres with any inspector, or other officer appointed hereunder in the performance of his duty, shall upon conviction be fined not to exceed fifty dollars ($50.00.) Sec. 215. That no dealer shall be prosecuted under the pro- visions of this ordinance when he can produce a written guaran- tee from manufacturer, wholesale dealer or jobber, as provided by the United States pure food and drug act of June 30th, 1906, and in these cases the party furnishing the guarantee shall be amenable to the prosecution, fines and other penalties which would attach in due course to the dealer under the provisions ot this ordinance, provided that in case such manufacturer is not amenable, then all goods from such manufacturer shall, upon their Unlawful to sell food, adulterated or misbrand- ed, ete. Duty of Bd. of Health to enforce ordi- nances. Dealers not amenable —when. 328 CITY ORDINANCES. PURE FOOD REGULATIONS. Definition of the word ““Food.’’ “Misbrand- ed.’’ Mixtures or compounds. Articles la- beled. entrance into the city, be confiscated, and such disposition made of them as the court may direct. Sec. 216. The term “food,’ as used herein, shall include all articles used for food, drink, confectionery, or other condiments used by man or other animals, whether single, mixed or com- pound. See. 217. The term “misbranded,”’ as used herein, shall apply to articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article or the ingredients con- tained therein, which shall be false or misleading in any particu- lar, or, if it be an imitation of another article, or purport to be a foreign article when not so. Provided that an article of food which does not contain any poisonous or deleterious ingredients shall not be deemed misbranded in the following cases: First. In the case of mixtures or compounds which may be now, or from time to time hereafter, known as articles of food under their own distinctive names, and not an imitation of as offered for sale under the distinctive name of another articie, if the name be accompanied on the same label or ireata with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends, and the word “‘compound,” “imitation” or “blend,” as the case may be, is plainly stated on the package in which it is offered for sale in letters not less than one-quarter inch in size, provided that the term ‘blend,’ as used herein, shall be con- strued to mean a mixture of like substances not excluding harm- less flavoring ingredients, when used for flavoring only, and in CITY ORDINANCES. 329 PURE FOOD REGULATIONS. every case such substance shall be sold under the name of its chief constituents, together with all others which may occur. Sec, 218. An article shall be termed adulterated— First. If any substance has been mixed or packed with it so as to lower, reduce or injuriously affect its quality or strength. Second. If any substance has been substituted wholly or in part for the article. Third. If any valuable constituent of the article has been wholly or in part abstracted. Fourth. If it be mixed, powdered, coated, stained or colored, whereby damage or inferiority is concealed, or with the intent to deceive, or with substances which the rules of the Board of Health prohibit as harmful. Fifth. If it contain any antiseptic or preservative (except in the case of tomato catsup, which may contain not more than 1-10 of 1 per cent of benzoate of soda). Sixth. If it is below the standard prescribed by the ordinances of the city of Memphis, or the rules of the Board of Health, pro- vided that the standards set by the Board of Health shall not conflict with those prescribed in the ordinances. Sec. 219. An article shall be deemed unwholesome if it con- sists in whole or in part of a diseased, filthy or decomposed or putrid substance, either animal or vegetable, unfit for food, whether manufactured or not, or if it is in any part the product of a diseased animal, or any animal in an advanced state of pregnancy, or any animal that has recently given birth to young, or any animal which has died otherwise than by slaughter, or if it is any substance which is manufactured, kept or handled in unsanitary surroundings, or by any person who has been ex- posed to any contagious or infectious disease. Articles adulterated. Articles un- wholesome. "330 CITY ORDINANCES. PURE FOOD REGULATIONS. Unlawful to sell meats kept unsan- itary. Unsanitary conditions defined. Eggs. Sec. 220. That it shall be unlawful for any person, persons, firm or corporation to sell, offer for sale, or have in his or their possession, charge or control for sale the carcass, or parts of carcasses, of any animal which has been slaughtered, prepared, handled or kept under unsanitary conditions, and unsanitary conditions shall be deemed to exist whenever and wherever any one or more of the. following conditions appear, or are found, to-wit: If the slaughter house is dilapidated and in a State of decay; if the floors and side walls are spattered with decaying blood or other animal matter; if efficient fly-screens are not provided; if the drainage of the slaughter house and slaughter house yard is not efficient; if maggots or filthy ponds or hog wallows exist in the slaughter house yard or under the slaughter house; if the water supply used in connection with the cleaning and preparing is not pure and unpolluted; if hogs are kept in the slaughter house yard, or fed therein, or animal offal, or if the odors of putrefaction plainly exist therein, or if kept in unclean, bad smelling refrigerators, or if kept in bad smelling cold storage rooms, or if exposed to dust and dirt, whether in transportation or otherwise. And it shall be the duty of the inspectors to seize all such carcasses prepared, kept or handled under un- sanitary conditions as herein defined, drench the same with kerosene oil and issue warrants of arrests for the party or parties in whose possession it was found. Sec. 221. That no person, persons, firm or corporation shall sell, offer for sale, have in his possession, charge or control for sale eggs which have been subjected to incubation, or which are rotten, decayed or in a decaying condition, or sell as fresh eggs. when not so, and all eggs which are kept in cold storage must be labeled with the date when they were placed in cold storage CITY ORDINANCES. 331 PURE FOOD REGULATIONS. in letters not less than one-half inch in size, and must be sold from the original containers. Sec. 222. No food or foodstuff shall be exposed to the dust and dirt of the street unless perfectly protected by a suitable cov- ering as authorized by the Board of Health. Sec. 223. That no person, persons, firm, or corporation shall engage in the manufacture or sale of any foodstuffs without a permit from the Board of Health. The same to be granted only upon a satisfactory inspection at the time application is made, and to be revoked upon violation of any of the provisions of this ordinance. Sec. 224. That no person, persons, firm, or corporation shall sell, offer for sale, have in his or their possession, charge or con- trol for sale, any milk, or milk products, which is obtained from any cow or cows found to be affected with tuberculosis, inspection for tuberculosis to be conducted in the usual manner whenever deemed necessary by the Board of Health. Sec. 224. That no person, persons, firms or corporations shall Slaughter, sell, offer for sale or have in their possession, charge or control, any animal or part thereof intended for food, unless it passes the inspection of the inspectors, is approved and bears the “Inspected, Board of Health’ stamp, or the stamps or tag indicative of inspection by the Bureau of Animal Industry, United States Department of Agriculture, provided that nothing in this SSchion shall be construed as prohibiting producers f:om killing healthy animals and selling the same within the city, but no such animal or any part thereof shall be sold until in- spected and passed as herein provided, the same to apply to milch cows for sale or use in the city. Food to be protected from dust, ete. Permit to manufacture foodstuffs. Milk. Meat to be inspected, etc. Sec. 225. That all dressed animals, game or poultry offered or Dressed ani- intended for sale must be prepared in a cleanly manner, and if mals, poul- try, game. 332 CITY ORDINANCES. PURE FOOD REGULATIONS. Sausages and compound meats. Milk adul- terated. _ Milk un- wholesome. undrawn, must be tagged with a linen tag bearing the date of slaughter, which tag must not be removed except by the con- Sumer, and any such article which has been slaughtered six months, whether placed in cold storage or not, shall be deemed unwholesome and destroyed. Sec. 226. That all sausages and compound meats, when com- pounded with flour or other substances than pure seasoning ma- terials, shall have the names of their ingredients on the outside of the packages in which it is sold to the consumer, as well as all intermediate containers, in letters not less than one-quarter inch in size, as provided in Section 217 of this ordinance. Sec. 227. That no person, persons, firm or corporation shall sell, offer for sale, have in their possession, charge or control for sale, bring or send to the city of Memphis any milk or milk product which is unwholesome or adulterated within the mean- ing of this ordinance. See. 228. Milk shall be termed unwholesome— (a) When drawn from animals within fifteen days before or five days after parturition. (b) When drawn from animals kept in crowded or unsanitary conditions. (c) When drawn from animals fed on distillery waste or other unhealthy food, or watered with polluted water. (d) When drawn from animals kept in unclean and unsani- tary surroundings. (e) When obtained from animals whose attendants are affected with or exposed to any contagious disease. (f{) When placed in unsterilized bottles, cans or containers. CITY ORDINANCES. 333 PURE FOOD REGULATIONS. Sec. 229. Milk shall be termed adulterated— (a) When it contains less than 12 per cent of milk solids. (b) When it contains less than 3.5 per cent. butter fat. (c) When it contains more than 88 per cent. of water or other fiuid. (d) When water, preservative or any other substance (except pure cream) has been added. (e) When any part of the cream has been removed. (f) When the refractive index of the serum taken at 20 degrees C., according to the official method with the Zeiss immersion refractometer, is below 40. Sec. 230. Cream shall be termed adulterated, when it contains less than 20 per cent. of pure butter fat or when preservatives or any other substances have been added. Provided that a dealer may be permitted to sell cream at any other per cent. than the standard when the same is plainly marked with its true value. Sec. 231. Buttermilk shall be termed adulterated when it contains less than 8 per cent. of solids, when preservatives or any other substances have been added. Sec. 232. Butter shall be termed adulterated when it contains less than 82.5 per cent. butter fat, or over 16 per cent. moisture, or when it contains any preservative except common salt (NaCl.), or when any other substance except a harmless color has been added, or when its Reichert-Meiss] number is less than 24. Sec. 233. That no person, persons, firm or corporation, shall manufacture, sell, offer for sale, have in his or their possession, charge or control for sale, any ice cream which contains less than 8 per cent. of butter fat by weight or less than 18 per cent. cf milk solids of over 7-10 of 1 per cent. of gelatine, or to which Adulterated. Cream. Buttermilk. Butter, Ice cream, 334 CITY ORDINANCES. PURE FOOD REGULATIONS. Frozen ices. Samples of food. Ordinance— how enforced. Violation. Place where meat, fish, ete., sold to be kept clean. any other substance or substances have been added, except pure sugar (sucrose) and natural flavors. Sec. 234. That no person, persons, firm or corporation, shall manufacture, sell, offer for sale, have in his or their possession for sale, any sherbet, frappe or other frozen ice, which is not sold true to name and made of absolutely pure ingredients and flay- ored with natural flavors, provided that not more than .5 of 1 per cent. of citric acid may be used. Sec. 235. That it shall be the duty of the inspectors to obtain samples of all substances offered for food whenever requested to do so by a citizen, or ordered to do so by the Board of Health, said samples to be delivered to the City Chemist for analysis. Sec. 236. That the provisions of this ordinance are to be carried out by the two meat inspectors, the two milk inspectors and the Food Inspector of the Board of Health, under the super- vision of the City Chemist, and he under the President of the Board of Health. Sec. 237. That any one violating the provisions of this o7di- nance, shall, upon conviction thereof, be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00), and for each subsequent offense, shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).* Sec. 288. That every person, being the owner, lessee or occu- pant of any room, stall or place where any meat, fish or vee tables, designed or held for human food, shall be stored bt kept, or shall be held or offered for sale, shall put and keep such room, stall and place, and its appurtenances, in a cleanly and wholesome condition, and every: person having charge, or is in- 1 Séctions 213 to 237 passed March 24, 1908. CITY ORDINANCES. 335 PURE FOOD REGULATIONS. terested or engaged, whether as principal or agent, in the care or in respect to the custody or sale of any meat, fish, birds, fowl or vegetables, designed for human food, shall put and preserve the same in a cleanly and wholesome condition, and shall not allow the same, or any part thereof, to be poisoned, infected, or rendered unsafe or unwholesome for human food. See. 239. That no butcher or dealer shall keep in any market any refrigerator or ice-box, unless the same shall be lined with lead, or some proper metallic substance, so as to be water-tight, nor unless the same be provided with a pipe of lead, zinc or copper, leading therefrom to the nearest gutter or proper waste- pipe. Sec. 240. That it shall be the duty of every person knowing of any fish, meat, fowl, birds or vegetables being bought, sold or offered for sale as food for human beings, or being in any market, public or private, in said city, and not being sound, healthy or wholesome food, to forthwith report such facts, and the particulars relating thereto, to the Board of Health, or to one of its officers or inspectors. Sec. 241. It is hereby declared to be a misdemeanor, punish- able by a fine of not less than $1 nor more than $50, for any person or persons, without permission of either the President or the Secretary of the Board of Health, to moor or beach or locate in any manner, either in the stream or on the banks of the stream, any boat or watercraft between the Waterworks on Wolf River and Iowa avenue on the Mississippi River, for the purpose of habitation or for fishing, or for a fish dock, or for Keeping fish boxes, or for selling fish therefrom, or for any purpose whatever. 1 Ordinance of July 28, 1885, as amended April 26, 1894. Refrigerators —how con- structed. Notice to be given to Bd. of Health of sale of wn- sound food. Fish docks not to be moored without per- mission, 336 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Meee Sec. 242. Be it further ordained, That it shall be a mis- Oo offer ns Reh at demeanor, punishable as provided in the preceding section, for Po any person to offer for sale or to sell any fish caught on the Tennessee shore between the points as laid down in Section 241. oe not to Sec. 243. That no person shall sell or give to any person or be given in dangerous permit such other person to get (having the right and ability cases. to prevent the same) any drink, when such first-named person may have reason to think or believe that such drink may cause danger or detriment to life. Adulterated Sec. 244. That no person shall have at any place where milk, milk, butter, cheese, ete. utter or cheese is kept for sale, nor at any place offer or have ‘for sale, nor shall any person bring to said city any unwholesome, watered or adulterated milk, nor any butter or cheese made from such milk, nor any unwholesome butter or cheese.’ Public reser- Sec. 245. That no person shall throw, or allow to run or pass, voirs, water pipes, etc., tojnto any public reservoir, water-pipe or aqueduct, or into or upon be kept pure. any border or margin thereof, or excavation or stream therewith connected, any animal, vegetable or mineral substance what- ever, nor shall any person allow the same to be done (having power or right to prevent the same), nor shall any person do or permit to be done (having right or power to prevent the same), any act or thing that will impair cr imperil the purity or whole- someness of any water or other fluid used or designed as a drink in any part of said city, nor shall any person bathe nor (except in the discharge of a public duty) put any part of his person in such water, nor shall any unauthorized person open any erection or unscrew any hydrant holding such water. Drinking hy- Sec. 246. That no person shall destroy, nor in any wise injure drant not to be melee or impair, any drinking hydrant or part thereof in the said nor water polluted. 1 This section amended by ordinance of March 24, 1908. / See ‘‘Pure Food Ordinance.’’ CITY ORDINANCES. BEV, MISDEMEANORS, SANITARY REGULATIONS. city; nor shall any person interfere with the use or enjoyment of the water therein or therefrom, or interrupt the flow thereof; nor shall any person put any dirty, poisonous, medicinal or any noxious substance into or near said water or hydrant, whereby such water is made or may be regarded as dangerous or un- wholesome as a drink. Sec. 247. That no cattle, sheep, horse, goat, goose, mule or hog, or any dangerous or offensive animal, shall be allowed by any owner, or by any person having charge of the same, to go at large in any street or public place in the City of Memphis.’ Sec. 248. That no person shall allow any swine or goat to run at large in said city, and no person shall, within the built-up portions of said city, or within one thousand feet of any resi- dence or place of business, or street thereof, keep any swine or goat, without a permit to do so from the Board of Health. Sec. 249. That no cattle shall be kept in any place of which the water, ventilation and food are not sufficient and wholesome for the preservation of their health, safe condition, and whole- someness for food. Sec. 250. That no cattle, swine or sheep, geese, goats, horses or mules shall be yarded within or adjacent to the built-up por- tions of the city without the permit of this Board. Sec. 251. Be it ordained by the Legislative Council of the City of Memphis, That no public wagon yard or place for the accommo- dation of wagons and teams coming to and from the city, whether such wagon yard or place be furnished free or for hire, shall be established, opened or maintained at any place within the limits 1 See Section 764. Dangerous or offensive ani- mals not al- lowed to go at large. Hogs and goats—regu- lations for. Cattle shall have suffi- cient venti- lation, etc. Cattle, swine, sheep, etc., not to be kept—where. Public wagon yard —regulations. CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Penalty for violation. Keeping and slaughtering of cattle, Slaughter- ete. houses to be kept in sani- tary condi- tion. Not to be slaughtered, dressed or hung in alley or street, of the city, unless a permit therefor shall first be obtained from the Board of Health Garbage Department.” Sec. 252. Be it further considered, That any person violating this ordinance shall be guilty of a misdemeanor, and upon con- - viction shall be fined not less than $2 nor more than $50 for each offense, and each day’s maintenance of such wagon yard shall constitute a separate offense.’ Sec. 253. That the keeping and slaughtering of all cattle, and the preparation and keeping of all meat and fish, birds and fowls, shall be in a manner which is, or is generally reputed or known to be, best adapted to secure and continue their safety and wholesomeness as food, nor shall the slaughtering of cattle be conducted at any place in the city without a special permit from the Board of Health. Sec. 254. That every butcher, and every person owning, leas- ing, or occupying any place, room or building where any cattle have been or are killed or dressed, and every person, being the owner, lessee or occupant of eae room or. stable where any cattle may be kept, or aener public or private, and, having power and authority so to do, shall cause such place, room, build- ing, stable, private market, and their yards and appurtenances, to be thoroughly cleansed and purified, and all offal, blood, fat, garbage, refuse and unwholesome or offensive matter to be there- from removed, at least once in every twenty-four hours after the use thereof for any purpose herein referred to, and shall also, at all times, keep all woodwork, save floors and counters, in any building, place or premises aforesaid, thoroughly painted or whitewashed. — See. 255. That no cattle shall be slaughtered, dressed or hung within said city, wholly or partly within any street, avenue or 2 Sections 251 and 252 passed October 10, 1901. CITY ORDINANCES. 339 MISDEMEANORS, SANITARY REGULATIONS. sidewalk, or public alley or place, nor shall any blood or dirty water, or other substance from such cattle, meat, or place of killing or the appurtenances thereof, be allowed to run, fall or be in any such street, avenue, sidewalk, alley or place. Sec. 256. That neither the business of slaughtering cattle nor the keeping of any slaughter-house, nor the yarding of cat- tle, shall be begun or undertaken at any new or additional place within the city except pursuant to a permit from the Board of _ Health. Sec. 257. That no person shall kill or dress any animal or meat in any market, nor have, or permit to escape therein, or within one hundred feet thereof, any poisonous, noxious, nauseous or offensive substance. Sec. 258. That no person shall become, or continue, or en- gage in the business of a butcher, at or in any public or private market or stand in the city, without a permit from the Board of Health. Sec. 259. That every butcher and milk dealer, and their agents, shall allow the parties authorized by the ‘Board of Health to treely and fully inspect their cattle and meats, fish and vegetables, held, offered or intended for sale, and will be ex- pected to answer all reasonable and proper questions asked by such persons relative to the condition thereof, and of the places where such articles may be. Sec. 260. That no offal or butcher’s refuse shall be conveyed tnrough any street of the city between the hours of 9 o’clock a.m. and 10 o’clock p. m., and that no offal or refuse shall be conveyed at any time unless the same be in tight boxes, barrels or vessels from which no odor ghall escape. Permit for slaughtering. No slaugh- tering at market house. Permit re- quired for butcher. Butchers and milk dealers shall answer questions and permit inspection. Offal—when and how to be conveyed through streets. 340 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Fish, meat, etc., not to be sold on sidewalk. Water from vards shall not overflow sidewalks. Storm water —how dis- posed of. Pounds must be sanitary. Protection against hy drophobia. Sec. 261. That no person engaged in the selling or keeping for sale of any fish, meats, birds, fowl or vegetables, shall occupy or encroach upon any portion of any street or sidewalk, or public place in the city. Sec. 262. That no person, being owner, lessee or tenant of any house or building, shall allow any water or other liquid to run from re out of his building or ground upon or across any sidewalk or curkstone, and if such substance is allowed to pass upon any street, it must reach the same by a passage to be kept at all times adequate and in repair by such person, under or through such flagstone or curbstone, and no such water or other fluid, or ice therefrom, shall be allowed to gather or remain upon the upper surface of such curb, flagstone or passage, nor shall such person allow any accumulation of such water, liquid or ice therefrom upon any street or place, but shall, at all times, cause the same to be removed, or to pass along the gutter or some proper passage into a sewer, and no storm water shall be allowed to fall through down-pipes from any building upon the sidewalks or streets, but shall be conducted by down-pipe or guttering under the pavements and into the street gutters, and in all alleys and public places the same shall be conducted in pipes down to the pavement or surface of the ground. Sec. 263. That no keeper of any pound shall allow the same, or any animal therein, by reason of any want of care, food, ventilation or cleanliness, or otherwise, to be or become danger- ous or detrimental to human life or health. Sec. 264. That every animal which is mad or has the hydro- phobia, or shows symptoms thereof, shall, by the person owning the same, or having the possession, charge or control thereof, be at once killed; and every animal that has been exposed to such disease shall be confined in some secure place for such length of time as to show that such exposure has not given CITY ORDINANCES. 341 MISDEMEANORS, SANITARY REGULATIONS. such animal said disease, and so as to avoid all danger to life or health. And the dead body of any animal that died of such dis- ease shall be at once, by such person, buried not less than 3 feet under ground, at some place not within 1,000 feet of any residence. Sec. 265. That no person shall permit or have any offensive water, or other liquid substance, on his premises or grounds, to the prejudice of life or health, whether for use in any trade or otherwise; and no establishment or business place for tanning, skinning or scouring, or for dressing hides or leather, or for carrying on any offensive or noisome trade or business, shall hereafter be opened, started or established in the city, or within one mile of the corporate limits of the same, without a permit from the Board of Health. And every such establishment now existing shall be kept cleanly and wholesome and be so con- ducted in every particular as not to be offensive or prejudicial to life or health. Sec. 266. That no person or company, being a manufacturer of gas, shall throw or deposit, or allow to run, or shall permit to be thrown or deposited, into any public waters, or into any sewer, or into any street, or public place, any gas-tar, or any refuse matter of or from any gas-house, works or manu- factory, or make gas of any such ingredients or quality that any substance shall escape therefrom, or be formed in the process of burning any gas, which shall be offensive or dangerous, or prejudicial to life or health. Nor shall any such person or com- pany fail to use all reasonable means for preventing the escape of odors. Sec. 267. That no water-closet, sink, tub, vat, or other struc- ture, shall hereafter be constructed in the city having connec- tion with or by any sewer or underground passage, unless the Tanning, skinning, etc., regulated. Gas works— regulating manage- ment of. Water closets, vats, sinks, ete., con- structed to prevent es- cape of gas. 342 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Construction of rooms con- taining priv- ies and urin- als. Misdemeanor to prepare plan violative ~of this rule. same is provided with adequate or the best approved construc- tions and precautions for preventing gases and other offensive currents, substances or smells from passing up or out through such connection from such sewer or passage; nor shall any such water-closet or privy be constructed without adequate provisions for the effectual and proper ventilation and cleansing thereof. Sec. 268. That all water-closets, privies and urinals hereartar constructed in any building used as a residence within the city, shall be placed in a room not less than five feet in each diameter, and said room shall have at least one window, 2'%x6 feet, with upper and lower movable glass sash hung on weights. There shall also be placed in the ceiling of said rcom a ven- tilator, at least eighteen inches in diameter, connected with a pipe not less than six inches in diameter, leading through the roof of the house, wherein said closet or urinal is placed. Said room shall not communicate directly by means of any door or opening what- ever with any sleeping-rcom, sitting-room or apartment which is occupied by any human bkeing, during as many as two-out of any twenty-four consecutive hours, nor shall any door, window or other opening of said room be made within three feet of any apartment occupied by any human being, during two out of twenty-four consecutive hours. Any architect who prepares any plan of a house in violation of the above shall be guilty of a misdemeanor, and subject to a -fine of not less than $5 nor more than $50. Misdemeanor to construct. Any contractor or carpenter constructing a closet in violation of the above shall be guilty of misdemeanor, and punishable by a fine of not less than $5 nor more than $50. Any plumber putting in a privy or urinal in violation of the above, or any owner or agent paying for same, or authorizing the CITY ORDINANCES. 343: MISDEMEANORS, SANITARY REGULATIONS. construction of a closet or urinal in violation of the above, shall be guilty of a misdemeanor, and punishable by a fine of not less than $5 nor more than $50 for each offense.’ Sec. 269. That no part of the contents or of substance of any sink, privy or cesspool, nor any manure, ashes, garbage, rubbish or dirt, shall be by any person flung, or allowed to run or drop, into or remain in any street or public place, except as herein elsewhere specified.” Sec. 270. That no swill, brine, urine or animals or other offensive animal nuisance, nor any stinking, nozious liquid, or other offensive matter of any kind, shall by any person be al- lowed to run or fall from or out of any building, vehicle or erection into or upon any street or public place, or to be taken or put therein, save as herein elsewhere provided." Sec. 271. That no butcher’s offal or garbage, nor any dead animals, nor any putrid or stinking animal or vegetable matter, shall be thrown by any person into any street, place or sewer, or upon any ground or premises of said city.® pes, 2il: That no person shall draw off, or allow to run off, into any ground, street or place of said city, the contents of any vault, privy, cistern, cesspool or sink, nor shall any owner, tenant, or occupant of any building to which any vault, sink, privy’ or cesspool shall appertain or be attached, permit the contents, or any part thereof, to flow therefrom, or to rise within two feet of the top, or permit said contents to become offensive; nor shall any privy or other erection in the section mentioned be filled with or covered with dirt till its filthy contents shall be emptied. 1 Section 268 and sub-sections passed September 4, 1890. 2 Passed January 7, 1890. 5 Passed January 7, 1897. 3 Digging of privy vaults forbidden, Post-Section 322. i Ae words ‘‘unsewered portion of the’’ inserted by ordinance passed May Substance from sinks, etc., not to remain in street or pub- lie place or sewer. Cesspool not to be drained into street nor allowed co rise withim 2 feet of top. 344 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Ashes, etc., not to be thrown in cesspool. ‘Contents of -cesspool, ete., not allowed to become »offensive. Contents of cesspool not Allowed to fall in street. Boxes for ashes and garbage to be -provided in unsewered part of city. Sec. 272. That no person shall throw into or deposit in any vault, sink, privy or cesspool any offal, ashes, meat, fish, garbage or other substance, except that of which any such place is the ap- propriate receptacle.* Sec. 273. That neither the contents of any tub, or of any re- ~ceptacle, cesspool, privy, vault, sink, water-closet or cistern, nor anything in any room, excavation, vat, building, premises or place shall be allowed to become a-‘nuisance, or offensive, so as to be dangerous or prejudicial to life or hea!th.® Sec. 274. That no person shall throw, drop or allow to fall into any street or place any substance being or having been rart of the contents of any such vault, cesspool, privy, sink, tub or receptacle.® Sec. 275. That it shall be the duty of every owner, tenant, -essee and occupant of any and every building or place of busi- ness in the unsewered portion of the city forthwith to provide, or cause to be provided, and all times thereafter to keep and cause to be kept and provided within such building or place of business, suitable and sufficient boxes, barrels or tubs for re- ceiving and holding, without leakage and without being filled to within four inches of the top thereof, all the ashes, rubbish, garbage and liquid substances, of whatever kind that may ac- cumulate during 86 hours from said building or place of busi- ness, or the portion thereof of which the person may be the owner, tenant, lessee or occupant, and every such box, barrel and tub designed. to hold ashes shall be made of or lined with some suitable metal; that a separate vessel shen be provided for ashes and rubbish, and another for gartage and liquid sub- stances, and ashes and rubbish shall not be placed or kept in the 4 The words ‘‘unsewered portion of the’’ inserted by ordinance passed May 11, 1882. 5 Passed January 7, 1897. CITY ORDINANCES. 345 MISDEMEANORS, SANITARY REGULATIONS. same vessel with garbage and liquid substances, and all ashes, . rubbish, garbage and liquid substances that should be removed from such building and place of business, or from that part for which said receptacles were provided, and none other, shall be placed therein, and no such box, barrel or tub shall remain on any sidewalk, or in any public place, longer than needful for the removal of the contents thereof.’ See. 276. That such boxes, tubs and barrels shall at all times be kept inside the property line, and within 5 feet of a street or public alley or entrance; provided, however, that whenever and wherever the city may place a public garbage receptacle the occupants of the premises within a radius of 150 feet thereof shall deposit therein all garbage accumulated by them.’ Sec. 277. Be it further ordained, That all store and factory waste, such as paper, straw, cinders, decayed fruits, vegetables and all other refuse, not strictly kitchen garbage or domestic household waste; and also all rubbish and refuse left on the streets and sidewalks by ‘puilders or contractors must be re- moved ky the owners or occupants of the premises, or by the builder or contractor, with reasonable promptness. That the public garbage carts shall remove and dispose only of kitchen and domestic household waste, including ashes, and that all other refuse, such as grass, weeds, stable manure, etc., must be removed with reasonable dispatch by the owner or oc- cupant of the premises. Be it further ordained, That a violation or failure to comply with the provisions of this ordinance, or any part thereof, shall Subject the offender to a fine of not less than $1 nor more than $50.1 1 Ordinance passed January 7, 1897. Where garb- bage boxes, CLC ue tone kept. Store and factory waste to be removed. Substances to be removed by city carts. Penalty for violation of this ordi- nance. 346 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. ee ka Sec. 278. That all occupants so preferring may deliver their See ashes, garbage and rubbish directly to the proper carts, to be taken away at any hours of the day when carts may be present, and said carts may take such articles from receptactes delivered at any such hour, provided that such garbage or rubbish be not highly filthy or offensive, and in the latter’ case the same shall not be delivered or received between the hours of 7 o’clock in the morning of any day and 10 o’clock at night. Provision as Sec. 279. Every owner or occupant of premises within the to garbage Deda oat sewered portions of the city is required to have a receptacle for ay. garbage in some place on or near such premises always con- venient to the garbage carts, within five feet of the line of alley or street, such receptacle to be a neatly painted box, with a tightly fitting top, such box to hold not less than two nor more than four bushels, and so constructed as not to be easily turned over. And all dry garbage is to be put in such renepe to be carried off by the garbage carts, and all liquid garbage to be poured into the sewer receptacle or slop basin. Any one violating this ordinance, or any one interfering with such garbage boxes or » any one of the same, shall be guilty of a misdemeanor. Rubbish to Sec. 280. That every person who shall have paved, or cause be removed nes pave- to be paved, any street or place, shall cause all rubbish, dirt, ment. and whatsoever else he has deposited, or allowed to be deposited on such pavement, to be removed from the several parts of such pavement within five days from the time of the same being de- posited thereon. And every person who has removed any flag- stone, curbstone, pavement stone, or other stone, or dirt or iron, in or from any street, sidewalk or place, for the purpose of re- pairs, or tor the purpose of paving, flagging or curbing, or re- pairing, or re-curbing, or re-flagging, or making any repairs or 2 Section 279 passed May 11, 1882. CITY ORDINANCES. 347 MISDEMEANORS, SANITARY REGULATIONS. changes, or otherwise, shall cause the same or a proper substitute tnerefor to be placed or replaced, and completed as soon as the same can reasonably be done. Sec. 281. That every owner, lessee, tenant or occupant of any stall, stable or apartment in which any horse, cattle or swine, or any other animal shall be kept, or of any place in which manure or any liquid discharge of such animals shall collect or accumu- late within said city, shall cause said liquid and manure to be at once removed to some proper place, and shall at all times keep or cause to be kept, such stalls, stables and apartments, end the drainage, yards and appurtenances thereof, in a cleanly and wholesome condition, so that no offensive smell detrimental to health shall be allowed to escape therefrom; and when within 300 feet of any occupied dwelling-house, or of any manufactory where more than 5 persons are employed, the removal from the stable shall not be made, nor shall the manure or refuse from any stable be allowed to remain on any street or place near such stable, any time between 8 o’clock a. m. and 6 o’clock p. m. of any day, without special permit from the Board of Health. Sec. 282. That no person shall empty, or attempt to empty, any vault, sink, privy or cesspool in the city, except under a permit therefor, first obtained from the Board of Health. And the Board of Health is required to keep a record of all vaults, sinks and cesspools emptied, and when any are emptied they are to be reported to the Board of Health that the same may be inspected. Sec. 283. That no part of the contents of any privy, vault, sink or cesspool, or any accumulation of any offensive fluid, liquid or semi-liquid substance or material, being in any excavation, cellar or place within the city, shall be removed therefrom, nor Shall the same be transported through any of the streets or avenues of said city, unless and except the same shall be removed Sanitary provisions tor stables. Vaults, sinks, etc., not to be emptied without per- mit. Contents of privy vaults to be removed in airtight ap- paratus only. 348 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Business of scavenger not to be con- ducted with- out permit. Garbage wagons shall not congregate nor stand in one place any longer than necessary. Garbage carts to be strong and tight. and transported by means of air-tight apparatus, or in such manner as shall prevent entirely the escape of any noxious or offensive odors therefrom, and by a permit from the Board of Health. Sec. 284. That no person shall engage in the business of scavenger, or of transporting manure, swill, ashes, offal, rubbish or garbage, or any offensive or noxious substance, or in driving any cart for such purpose in the city, until he suall have first received a permit from the Board of Health, of such form and effect as the regulations of the Board shall provide, authorizing such person so to engage. Sec. 285. That no cart or other vehicle for carrying any offal, swill, garbage or rubbish or the contents of any privy, vault, cesspool or sink, or having upon it or in anything on such cart, any manure or nauseous or offensive substance, shall, without necessity therefor, stand or remain, nor shall a needless number gather before or near any building, place of business, or other premises where any person may be, nor shall any such cart occupy an unreasonable length of time in loading or unload- ing, or in passing along any street, or through any inhabited place or ground, nor shall any such cart, or vehicle, or the driver thereof, or anything thereto appertaining, be in a con- dition needlessly filthy or offensive; and, when used in con- nection therewith, shall be stowed and kept in some place where no needless offense shall be given to any of the people of said city. Sec. 286. That all carts and vehicles in the last section men- tioned, and boxes, tubs and receptacles, in which any substance in said section referred to may be, or be carried, shall be strong and tight, and the sides shall be so high above the load or con- tents that no part of such contents or load shall fall, leak or spill therefrom; and that when, in the opinion of the Board CITY ORDINANCES. 349 MISDEMEANORS, SANITARY REGULATIONS. of Health, it is necessary to prevent the contents of such carts or vehicles, tubs, boxes or receptacles from being offensive, each of such carts, tubs, boxes and receptacles shall be adequately and tightly covered, as the orders and regulations of the Board ot Health may provide or direct. Sec. 287. That no driver of such cart or vehicle, nor any person having undertaken or being engaged about the loading or unloading thereof, nor any person engaged about the clean- ing or emptying, or having undertaken to empty or remove any manure, garbage, offal, or the contents of any vault, sink, privy, cesspool, or any noxious or offensive substance, shall do or per- mit to be done about the same, or in connection therewith, that which shall be needlessly offensive or filthy in respect to any person, street, place, building or premises. Sec. 288. That no person shall allow any cart or vehicle to be so fully loaded, or to be in such bad condition of repair, or of such faulty construction, or to be so improperly driven or managed, that any offensive liquid, or any manure, garbage, rub- bish, offal, dirt or material thereon shall fall upon or in any place, street or premises. Sec. 289. That all putrid or offensive matter, and all the contents of sinks, privies, vaults and cesspools, and all noxious Substances in the built-up portion of said city, shall, before their removal or exposure, be disinfected and rendered inoffensive by the owner, lessee or occupant of the premises where the same May be (or in default of the same being so done) by the person or contractor who removes or is about the remove the same, at the cost of said owner, lessee or occupant. Sec. 290. That neither the owner, tenant nor occupant of any building or premises in the built-up portion of the city shall employ, cause or permit any part of the contents of any vault, Loading and unloading of garbage shall not be need- lessly offen- sive. Garbage carts to be properly load- ed, construct- ed and driven. All offensive matter to be disinfected before re- moval. Contents of vaults, ete., not to be re- moved with- out permit. 350 CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Offensive matter not to be disturbed except for removal. Oyster shells, etc., to be re- moved. House swill or garbage to be transported in tight boxes. Ashes from foundry, etc., not to accu- mulate. privy, sink or cesspool (being thereon and of which he has control) to be removed, unless according to a permit or the regulations of the Board of Health. See. 291. That no manure, garbage or other. material that is liable to emit an offensive exhalation, shall, in or adjacent to the built-up portion of the city, be turned or stirred (except about its removal) in such a way as to be liable, by reason thereof, to increase such exhalations. Sec. 292. That every proprietor, lessee: tenant and occupant of any oyster-house, oyster saloon or other premises where any oysters, clams, lobsters or shell or other fish are consumed, used or sold, or where any of the refuse matter, offal or shells thereof accumulate, shall daily cause all such shells, offal and refuse matter to be removed therefrom to some proper place, and shall keep his house, saloon and premises at all times free from any offensive smell or accumulations. Sec. 293. That no hotel or house swill or garbage, or offensive material of a liquid, or partly liquid nature, not removed or required to ke removed by the contractors for sireet cleaning, shall be transported through or along any street of the city, except in tightly covered, iron-bound casks or boxes, and none of the contents of such casks or boxes’ shall be allowed to fall or leak or spill therefrom. Sec. 294. That the owners, lessees, tenants and managers of _ every blacksmith or other shop, forge, coal-yard, foundry, manu- factory and premises where any business is done, shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shail not accumulate at any of the above-mentioned premises, or in thé appurtenances thereof, nor the same become filthy or offensive, nor shall any smoke, cin- CITY ORDINANCES. 351 MISDEMEANORS, SANITARY REGULATIONS. ders, dust, gas or offensive odor be allowed to escape from any such building, place or premises, to the detriment or annoyance of any person not being therein or thereupon engaged. See. 295. That no vault, privy,’ sink, cistern (or well)? or cesspool shall hereafter be made or rebuilt in the city except in accordance with the regulations and pursuant to a permit Rein the Board of Health, nor shall any erection or cover be made or put upon or over the same, until the same has been examined by the President of the Board of Health, or an officer detailed by him, and been found to correspond to such permit and regulations, and no privy shall be built within four feet of the line of any lot. mec, 296. place or street, or public water, nor offensively expose or bury That no person shall leave in or throw into any the body (or any part thereof) of any dead, or fatally sick, or injured animal; nor shall any person keep any dead animal, or any offensive meat, bird, fowl or fish, in a place where the same may be dangerous to the life or detrimental to the health of any person. Sec. 297. That it shall be the duty of every contractor and person (his agents and employes) who has contracted, or under- taken to remove any diseased or dead animal, offal, rubbish, Zarbage, dirt, street sweepings or other filthy, offensive or nox- ious substance, or is engaged about any such removal, or in loading or unloading of any such substance, to do the same with dispatch, and in every particular in a manner as cleanly and little offensive, and with as little danger and prejudice to life and health, as possible. 1 No privy vaults allowed to be dug, Post-Section 322. 2 Ordinance passed June 22, 1896. Gas, smoke, ete., not al- lowed. Vault, cis- tern, well, ete., not to be built without permit. Dead ani- mals, Garbage, etc., to be removed with as little offensiveness as possible. 352 CITY ORDINANCES. MISDEMEANOPS, CONTAGIOUS DISEASES. Contagious diseases to be reported. Houses where con- tagious dis- eases exist to be placarded: Death from contagious disease to be reported by physician. Same report to be made by hotel- keeper. Sec. 298. Every physician shall immediately report to the Board of Health, in person or in writing, any person he may attend or be called to see (within the city limits or one mile outside thereof) sick with or who he has reason to suspect has either of the following named contagious diseases: Cholera, smallpox, yellow fever, scarlet fever, diphtheria, pseudo-mem- branous croup (varicella or chicken-pox),? typhoid fever and tuberculosis, giving his or her name, color, age and place of residence. In the absence of a physician, the parent, guardian, employer or head of the house where such patient is sick shall make such report. Thereupon it shall be the duty of the health oliicer, or one of the sanitary police, to placard the house or residence whereof the above-named diseases are reported to exist, said card designating the character of the disease, and it is not to be removed by any other than a health officer or sani- tary policeman. The death or convalescence of such sick person shall ke likewise reported to the Board of Health immediately by the attending physician or person first reporting the case, when the health officer or sanitary policeman will remove such placard from the house, fumigating and disinfecting said house or room, with its furniture, bedding, etc.* Sec. 299. That it shall be the duty of each and every prac- ticing physician in the city to report, in writing, to the Board of Health, the death of any of his patients who shall have died in said city of contagious or infectious disease, within twenty- four hours thereafter, and to state in such report the specific name and type of such disease. Sec. 300. That every keeper of any boarding-house or lodging- house and innkeeper and hotel-keeper shall, within twenty-four hours, report in writing to the Board of Health the same par- 3 Amended by ordinance passed February 24, 1896. 4 Ordinance passed March 10, 1887. CITY ORDINANCES. 353 nnn EE MISDEMEANORS, CONTAGIOUS DISEASES. ticulars in the last section required of any physician concerning any person being at any of the aforesaid houses or hotels, and attacked with any contagious disease. Sec. 301. That the master, chief officer and consignee, or one of them, of every vessel being within one-fourth of a mile of any dock, wharf or building of said city, shall daily report to the Board of Health, or cause to be reported, in writing, the particulars, and shall therein state the name, disease and condi- tion of any person being in or on such vessel, and sick of any contagious disease. Sec. 302. of any individual in said city sick of any contagious disease, That it shall be the duty of every person knowing and the duty of every physician hearing of any sick person, whom he shall have reason to think requires attention, to report at once the facts to the Board of Health, in regard to the disease, condition and dwelling place, or position of such sick person. See. 303. That the keeper, lessees, tenants and owners oft every boarding-house and lodging-house shall, within six hours after the fact shall come to his or her or their knowledge, notify the Board of Health, in writing, of the fact of any person lately from any vessel or railroad being taken sick at such house, and shall in such notice state where such sick person may be found, and from what vessel or railroad, and when he came, to the best of the knowledge of the person or persons giving such no- tice. Sec. 304. That every master and chief officer of any vessel “or railroad, and every physician of or who practiced on any vessel ‘or road which shall arrive at the port of said city from any port or place, shall at once report to the Board of Health any facts connected with any person or ‘thing on such vessel or road, or that came thereon, which he has reason to think Character of disease on vessel to be reported. Duty of all persons and physicians to report conta- gious dis- eases. Boarding house keepers shall report contagious diseases. Chief officers and_ physi- cians on ves- sels and rail- roads to re- port conta- gious dis- eases. 354 CITY ORDINANCES. MISDEMEANORS, CONTAGIOUS DISEASES. All useful in- formation to be given by master, etc., of vessel as to contagious disease. Persons or property sub- ject to conta- gion not to be removed from vessel. Articles or persons from infected dis- tricts not to be brought to city. may endanger the public health of said city, and he shall report the facts as to any person being or having been sick thereon of a contagious disease, and as to there being or having. been thereon any infected person or articles. Sec. 304a. That every master, owner, part owner and consignee of any vessel, or of the cargo thereof, which shall be in said port, shall at once give, or cause to be given, to the Board of Health, written notice of any infected article or person, and of every person sick of a contagious disease, and also of each and every fact and thing relative to said vessel, sick person or cargo, or to the crew of such vessel, which any of the first- mentioned persons shall have reason to think may be useful for the Board of Health to know, or be or become dangerous or prejudicial to life or health in said city. Sec. 305. That no captain, officer, owner, consignee or other person in charge of any vessel, shall remove or aid in removing from any vessel to the shore, any person sick of, or person that has been exposed to, and is liable very, soon to develop any con- tagious disease, nor so remove or aid in removing any articles that have been exposed to the contagion of any such disease; nor shall any person in any way make exposure of any straw, bedding or other articles that have been subjected to the con- tagion or infection of any contagious disease, or have been or are liable to communicate such disease, or have been lately on any emigrant or ordinary passenger vessel, till the same have been adequately cleansed or disinfected, except in accordance with a permit of the Board of Health, or with its special regu- lations. Sec. 306. That no person shall bring into the city from any infected place or land, or take therein from any vessel lately from any infected port, or from any vessel or building in which have lately been any person sick of a contagious disease, any CITY ORDINANCES. 355 MISDEMEANORS, CONTAGIOUS DISEASES. article or person whatsoever; nor shall any such person land or come into said city without a permit from the Board of Health. Sec. 307. That every person being the parent or guardian, or having the care, custody or control of any minor, or other individual, shall cause and procure such minor or individual to be so promptly, frequently and effectively vaccinated that such minor or individual shall not take, or be liable to take, the smallpox. Sec. 308. That no parent shall allow any child or children of theirs, and no guardian shall allow any ward of theirs, to enter any school, and no teacher in any public or private school shall allow any child to enter such school, as a scholar, who has not been successfully vaccinated, or who does not produce a certificate of a good physician, that vaccination has been tried and failed.* Sec. 309. That no person shall, within the city, carry or remove from one building to another, or from any vessel to the shore, any person sick of a contagious disease, without a permit from the Board of Health; nor shall any person, by any exposure of any individual sick of any contagious disease, or by any negligent act connected therewith, or by a needless exposure of himself, cause or contribute to, or promote the spread of, disease from any such person, or from any dead body. Sec. 310. That no interment of. the dead body of any human being or disposition thereof in any tomb, vault or cemetery, or by transportation, shall be made without a permit therefor, granted by the Board of Health, nor otherwise than in accord- ance therewith; and no undertaker or other person shall make, assist in, assent to or allow any such interment, or aid or assist 1 Passed 1882, Vaccination. Same. Persons with contagious dis- eases not to be removed without per- mit. Interments not to be made with- out permit. 356 CITY ORDINANCES. MISDEMEANORS, PRECAUTIONARY REGULATIONS. Interments not to be made in city limits nor within 1-4 mile thereof. Sextons and undertakers must register name, ad- dress and business with Bd. of Health. Undertakers to make weekly re- ports of in- terments and bodies trans- ported. Dead bodies not to be ex- posed to peril of health. Reports to be made of all deaths, and births. about preparing any grave or place of deposit for any such body, for which such permit has not been given, authorizing the same; and it shall be the duty of every person who shall re- ceive such permit to preserve and return the same to the Board of Health, and the interment of the dead body of any human being, within the limits of the City of Memphis, or outside the same, within one-quarter of a mile of the limits thereof, is hereby prohibited.” Sec. 311. That every person who acts as a sexton or under- taker in the city, or has charge or care of any vault, tomb, burying ground or cemetery for the reception of the dead, or where the bodies of any human beings are deposited, shall cause his or her name and residence, and the nature of his or her charge and duties, to be registered with the Board of Health. Sec. 312. That every undertaker shall, before 5 o’clock p. m. Saturday of each week make report to the Board of Health of the bodies and persons buried or transported since his last re- turn, and in such form and specifying such particulars as the regulations of the Board of Health may require; and he shall, at the same time, return all permits under which said interments or other disposition shall have been made.” Sec. 318. That no person shall retain, expose, or allow to be retained or exposed, the dead body of any human being, to the peril or prejudice of the life or health of any person. Sec. 314. That every clergyman, magistrate and other per- son who may perform a marriage ceremony shall furnish the Board of Health with a written statement, signed by himself, of such marriage celebrated, giving residence, age and names 2 Ordinance passed December 10, 1894. CITY ORDINANCES. eee 357 MISDEMEANORS, PRECAUTIONARY REGULATIONS. in full of the parties married; and every physician, midwife or other person who shall assist or advise at any birth shall make a full report of the same to the Board of Health, signed by him or herself, giving place, ward, street and number of such birth, and the sex and color of every child born, and the name and residence of the parents; and every physician and professional adviser who has attended any person at a last ill- ness, or has been present by request at the death of any person, shall make written return, signed by himself, of such death, stating the cause thereof, and specifying the date, place and street number of such death. Sec. 315. That it shall be the duty of every person mentioned in the last section to furnish the Board of Health a written state- ment, by him or her signed, within five days after the birth or marriage, and within thirty-six hours after death of any per- son, of all the facts attending such marriage, birth or death, which shall be placed on file with the Board of Health. Sec. 316. That no railroad car or vehicle constructed for or engaged in the business of carrying passengers on any line of railroad in the city, and which car is propelled by horse power (or electric), and not by steam power, shall be used with cush- ions (or carpetings)*, on the seats or on the back of the seats thereof. -Sec. 317. That each and every car used upon any railroad in the city, for carrying or transporting passengers, shall, on each and every day on which it may be used for the carrying or trans- portation of passengers, be carefully and thoroughly swept and cleaned, so that all dirt and filth are removed from the inside of said car. 4 Passed April 26, 1994, Cushioned seats not to be used on city cars. Street cars to be kept clean. 358 CITY ORDINANCES. MISDEMEANORS, PRECAUTIONARY REGULATIONS. Dangerous buildings or attachments thereto forbidden. No danger- ous sub- stance, ani- mal or thing to be on street. Disinterment of dead bodies forbidden. Sidewalks and gutters to be kept clean. Sec. 318. That no owner, part owner, tenant or occupant of any building or erection shall allow any part thereof, or any substance therein, or anything thereto attached, and which any such person can control or remove, to continue or remain in a position or condition that shall imperil the life or safety of any person thereat or therein, or who is or may properly be in any street or place. \ Sec. 319. That no person shall take, carry, expose or place in or upon any street or public place any substance, animal or thing which shall imperil the life or health of any person who is or may properly be in such street or place. Sec. 320. The disinterment of dead bodies from any of the cemeteries or burial places in or near this city, or storing dead bodies within the same, except for freezing or embalming, with- out special permission from the Mayor, and on such terms as he may prescribe, is forbidden.’ Sec. 321. Occupants of any and all premises fronting on any street or alley in the city shall clean up the sidewalks, guttering, and also the street or alley; if a street, four feet outside of the curbing; and if an alley, four feet from the line thereof, toward the center—the whole front of said lot or premises—twice a week (the time in the week to be designated by the Board of Health), and pile up the cleanings in the center of the street or alley for the garbage carts; and if the street or alley bounds more than one side of any lot or premises, the occupant of such lot or premises shall clean both streets or alleys as above provided; and if there be no occupant of such premises, the owner, or if he be a non-resident, his agent, shall have the cleaning done; and if such owner or his agent cannot be found, the engineer shall have the cleaning done. at the cost of the owner; and this 5 Acts of 1879, pp. 63-64, Section 1, not to be removed until fifteen months after interment, nor when the thermometer is over 32 degrees Fahrenheit. CITY ORDINANCES. Son MISDEMEANORS, SANITARY REGULATIONS. ordinance shall apply to the alleys in the rear as well as on the sides of any lot or premises; provided, that on all the streets where street railroads, or other railroads, run, the railroad com- pany shall clean up between their tracks and two feet on each side of them.’ ’ See, 322. There shall be appointed by the Legislative Council and the Board of Health, a Board of Inspectors of Vaults, who shall each at once proceed to inspect every privy and vault and water-closet in the respective districts assigned them, and where, in his or their opinion, the same or any of them are in un- sanitary condition, the inspector shall at once condemn the same as a nuisance and notify the occupant or owner of the ‘premises where such privy, vault or water-closet is, to clean out, disinfect and fill up the same within ten days thereafter; pro- vided, however, when such occupant and owner is so notified, if he feels aggrieved by such action, he may petition the Fire and Police Commissioners within two days after said notice to have a committee of three citizens appointed by the Mayor to visit and inspect such vault, who shall act at once; and upon their inspection such action shall be taken as they, or any two of them, may, in writing, suggest, and the digging of privy vaults in the city is hereby forbidden.” Sec. 323. After the privy vaults have beem cleaned out, dis- infected and filled up, the fecal matter from receptacles pro- vided therefor shall be removed at the expense of the city, until connections can be made with the sewers, or until such time as this Council shall further determine.” Sec. 324. That it shall be the duty of every owner or occupant on whose premises there is a privy vault, as soon as notified by order of the Board of Health, to at once have the same cleaned 1 See Section 698 Post. 2 Sections 322 and 323 passed January 10, 1880. Inspector of vaults and his duties. Privy vaults forbidden. Fecal matter from unsew- ered district removed by city. Privy vaults to be cleaned out and filled up. 360 — CITY ORDINANCES. MISDEMEANORS, SANITARY REGULATIONS. Receptacles to be used for fecal matter —how dis- posed of. Bd. of Health shall super- vise all privy vaults. out and filled up, as provided in Section 323 of this ordinance, and it shall be unlawful for him or her to fail to do so; and if the same is not commenced within five days thereafter and prosecuted to completion with due diligence, it may be done by the Board of Health at the cost of such owner or occupant, to be recovered by the City Attorney from such owner or occupant; or made out of the property. Sec. 325. That as soon as the privy vane are closed, as above provided, every one shall provide in their stead a receptacle for fecal matter, which may consist of a water-tight box, with handles, holding from three pecks to a bushel, let in under the privy seat, or a bucket or tub of such size and construction as the Board of Health may prescribe; or a cement platform, raised at the edges six inches above the earth, and sloping toward the center, may be used, subject to the approval of the Board of Health; and at least once a day the excrement in the receptacle shall be covered with dry earth or dry ashes; and once every two weeks, or oftener if necessary, all of the excrement shall be carried off at the expense of the city,* and removed to such place as the Board of Health may designate. Sec. 326. That all privies* and receptacles for excrement shall be under the supervision of the Board of Health, and every one in the city shall be inspected once a month, or oftener if neces- sary, and for this purpose the officers of this board or the sanitary police shall have ingress and egress to and from each and every one of the premises of the city. And they shall see that every privy is kept clean and in a perfect sanitary condition, and it shall be unlawful for any one to fail to allow such ingress - or egress, or fail to keep the said privy in such clean and healthy condition. 3 Ante Section 323. ‘‘Until connections with sewers can be made.’’ 4 Digging of privy vaults forbidden. Ante Section 323. CITY ORDINANCES. 361 MISDEMEANORS, SEWER CONNECTIONS, ETC. Sec. 327. It shall be a misdemeanor to do, or cause to be done, any of the following acts, except as herein provided, and any and all persons guilty thereof shall be fined not less than $1 nor more than $50. Sec. 328. To uncover the public sewer for any purpose or make connections therewith, or uncover the public connection branches thereof, unless and except by the consent and under the supervision of the District Engineer, or his duly authorized agent or agents, whose duty it shall be to insure full compliance with this ordinance in relation to connections, and a failure of duty in this respect shall subject such engineer or agents to all the penalties in this ordinance. Sec. 329. To make, or cause to be made, any such connections except as above provided, and by a competent and skillful me- chanic, duly licensed to do such work by the Legislative Council, such mechanic not to be the agent of the District Engineer, or to make such connections in any other manner than as follows: A—Every pipe connecting with the sewer, whether of cast- iron or earthen-ware, must be sound and impervious in all its parts, and jointed in the best manner. B—Gaskets must be used in all cases; no other metal than cast- iron will be allowed, and joints in iron pipe must be of well- -caulked lead. C—Cement pipe is not to be used, but earthen-ware pipes of the best quality, jointed with fresh, strong cement mortar. D—These pipes to be laid at least two feet deep, and above that depth, the vertical pipes to be cast-iron, and all pipes from the Sewer connection to the top of the soil-pipe to be fully four inches in interior diameter at every point. Misdemeanor to commit following acts. Uncover sewers with- out permis- sion. Connections —how made. 362 CITY ORDINANCES. MISDEMEANORS, SEWER CONNECTIONS, ETC. Failure of owners or OC- cupants to provide water closets, ete. Failure to have a sink or other re- ceptable for waste water. Throwing filthy sub- stances on ground. E—No trap or any manner of obstruction to the free flow of air through the whole course of the drain and soil-pipe to be allowed, and any mechanic who shall directly or indirectly place, make, or cause, or allow to he placed or made, any trap, contraction oor other obstacle anywhere in the course of such pipe, in addition to the penalty herein prescribed, shall forfeit his license, and shall be ineligible to re-license for one year, and any other person offending as above shall be subject to the penalties of the ordinance, and shall, in addition, pay the costs of rectifying the wrong done. F—Every connection of a water-closet, sink, basin, or other vessel connected with the pipe, must be separated from it by a trap, offering an obstacle to the passage of air equal to not less than three-eighths of an inch depth of water. Sec. 330. For the owner or occupant of any building, any portion of which is used for any purpose during any portion of the day, to fail to have at least one water-closet connected with the public sewer fifteen days after notification from the Engineer, or Mayor, and to fail to have such water-closet aunaey arranged. for use as a urinal, unless a separate urinal is provided. Sec. 331. For the owner or occupant of any building in which food is cooked or clothing is washed, to fail to have a suitable sink, slop-stone or hopper for the reception of waste water; provided, however, that if the water-closet is of a kind suited to such use, it may receive the waste water, and the sink, slop- stone or hopper may be dispensed with. Sec. 332. To throw, or allow to be thrown or deposited, on the surface of the ground, or in any hole or vault, in or under the surface of the ground in the city, whether public or private, — except in the proper and necessary manuring of the soil, any water which has been used for domestic purposes, or any liquid or solid filth, or feces, or urine. CITY ORDINANCES. 363 MISDEMEANORS, SEWERS, DRAINS, ETC. Sec. 333. To allow any surface water or rain water, from the ground, or roofs of houses, to enter any sewer or drain, or any vessel or slop-stone, connected with any sewer or drain, or to admit any drainage water from any cellar, to a sewer; provided, however, that drainage for cellars may be provided in accora- ance with the regulations, plans and descriptions in the City Engineer’s office, and subject also to the restrictions of Section 328 of this section. Sec. 334. To use or cause to be used any house drains for any other purpose or purposes than those specified in this ordi- nace, except by special permission from the Legislative Council. Sec. 335. To throw or deposit, or cause or permit to be thrown, or deposited, in any vessel or receptacle connected with a public sewer, any garbage, hair, ashes, fruit or vegetables, peelings or refuse, rags, cotton, cinders or any other matter or thing what- soever, except feces, urine, the necessary closet-paper and liquid house slops. And it is hereby made the duty of all citizens to aid the police in bringing offenders against this ordinance to punishment, and also to prevent breaches of the same.? Sec. 336. To use, or allow to be used any soil-pipe, or exten- sion of the sewer connection, whatever use it may serve, which does not extend at least six inches above the eaves or parapet or dividing walls of the house or building in which the same is constructed, and all ventilating pipes, for sewer connections or water-closets, are hereby required to be extended at least six inches above the eaves, parapet or dividing walls, of every house or building in or near which there is a sewer connection.2 Sec. 336a. To use, or allow to be used, any bell-trap, or any other trap depending for its seal on an easily movable part, or to construct, or use, or cause or allow to be constructed or used, 1 Section 335 passed March 4, 1880. .2 Sections 336, 336a and 337 passed May 6, 1890. Allowing surface water to enter sewers. Misuse of drains. Depositing garbage and other refuse in sewers or connections. Length of soil and ven- tilating pipe. Using im- proper traps and seals. 364 CITY ORDINANCES. MISDEMEANORS, SANITATION, CLOSETS, ETC. Failure to connect wash- stands, etc., with sewers. Failure to provide sani- tary closets and sinks. Duties of of- ficers to re- port. Inspection. Procedure. any water-closet, which has an unventilated space of more thar 100 cubic inches capacity between two water seals, or which has such unventilated space of any capacity, in which any part of the mechanism moves or the walls of which are not flushed at all points at each use of the closet.’ Sec. 337. To fail, or refuse to connect all wash-stand or slop- stands, in the house or yard, with the sewers, or allow any slop, wash or waste water of any kind to flow over the pavement, or under the pavement on or into the street.’ Sec. 338. The owners, tenants or occupants of any improved property within the limits of this city shall be and they are hereby required to construct and maintain such water-closets, slop-sinks and other appliances as may be necessary to good sanitation, and to connect the same with the water and sewer mains.’ Sec. 339. It shall be the duty of any member of the sanitary or police force of the city to report to the President of the Board of Health any premises upon which the water-closets, slop- sinks or other appliances are improperly located, insufficient in number or capacity, improperly constructed, insufficiently ven- tilated, or in any respect unsanitary or not in compliance with the ordinances of the city. Thereupon it shall be the duty of said board to inspect said premises and to determine the ques- tion; and if in any of the respecis aforesaid the closets, sinks or appliances aforesaid shall be found to be in an unsanitary con- dition, insufficient in number or capacity, or improperly located, the said board shall, by written notice to the owner, tenant or occupant, specifically point out the defect and the manner in which the same shall be remedied, and the said Board of Health shall decide upon such number and location of closets and appli- ances as may be necessary for use of the occupants.’ 2 Sections 336, 236a and 337 passed May 6, 1890. 38 Sections 338, 339 and 840 passed May 9, 1899. CITY ORDINANCES. 365 MISDEMEANORS, PRECAUTIONARY REGULATIONS. See. 340. That such owner, tenant or occupant shall, within five days after the service of the notice aforesaid, proceed to remedy such Aerect in the manner prescribed, and shall com- pletely comply with the requirements of the Board of Health within ten days after such service. Failure so to do shall be a misdemeanor, and shall subject any such owner, tenant or occu- pant, upon conviction thereof, to a fine of not less than $1 nor more than $50 for each offense.* Sec. 341. That every person who knowingly omits or refuses to comply with, or who resists or willfully violates any of the provisions of this article, or any of the rules, orders, sanitary regulations or ordinances established or declared by the Board of Health, in carrying out the provisions of this article, or the execution of any order or special regulation of the Board of Health, made for that purpose, is hereby declared to be guilty of a misdemeanor, and, on arrest and conviction before the Presi- dent of the Board of Fire and Police Commissioners, he shall be fined for each offense in any sum not less than $1 nor more than $50, to be collected as other fines are collected.‘ Sec. 342. No person, firm or corporation residing or doing business in the City of Memphis shall sell, exchange or give away the contents of any straw, cotton, excelsior or shuck mat- tress which has been used for bedding purposes. Any person, firm or corporation violating this ordinance shall be guilty of a misdemeanor and fined not less tren $2 nor more than $50 for each offense. Sec. 343. It shall be a misdemeanor tor any person to spit on any sidewalk within the limits of the City of Memphis, or upon the walks in any public Square in said city, or upon the floor or platform of any street car operating within the city en ee 3 Sections 333, 339 and 340 passed May 9, 1899. 4 Sections 338 to 341, inclusive, passed May 9, 1899. Owner to remedy defect within five days after notice. Penalties for non-com- pliance. Misdemeanor to sell or give away material which has been used for bedding. Spitting on sidewalks, etc., misde- meanor. 366 CITY ORDINANCES. MISDEMEANORS, PRECAUTIONARY RFEGULATIONS. Sale or gift of cocaine without proper certifi- cate. Misdemeanor. Placing rags, paper, etc., in garbage boxes. Misdemeanor. limits, or upon the platforms of railroad stations, or upon the floor of any railroad passenger stations within the city. Any person violating this ordinance shall be fined not less : than $2 nor more than $25 for each offense. Sec. 344. No person, firm or corporation shall, within the limits of the City of Memphis, sell or give cocaine or any prepara: tion, compound or mixture of cocaine, or its salts, to any person in any quantity less than one pound, unless the person offering to purchase shall produce a certificate from a practicing phy- Sician, stating that such person needs cocaine for his or her physical welfare, and a separate certificate shall be produced for each purchase. Each certificate shall bear the date upon which it is issued, and no sale shall be made upon such certifi: cate except upon the date upon which said certificate is issued, and the certificate shall be delivered to the person making the sale and filed by him, and such certificates shall be open to the inspection of the Police Department of the city at any time. Any person violating this ordinance shall be fined not less than $2 nor more than $50 for each offense, and each sale shall constitute a separate offense. Sec. 345. All householders, tenants and occupants. of houses within the city are hereby prohibited from putting paper, shav- ings, rags or other inflammable material into garbage or ash boxes, but all such material shall be burned upon the premises of such householder, tenant or occupant; but care shall be taken not to set fire to any fence, house or property of any character. All such paper and other inflammable material shall be burned in stoves, fireplaces or in some other manner upon the premises of such owner or occupant. Any person violating this ordinance shall be guilty of a mis- demeanor, and shall be fined not less than $2 nor more than $50 for each offense.* 1 Section 345 passed May 9, 1901. CITY ORDINANCES. 367 BY-LAWS GOVERNING LEGISLATIVE COUNCIL. ARTICLE 19. BY-LAWS GOVERNING THE LEGISLATIVE COUNCIL. See. 346. The following By-Laws for the government of the Legislative Council and for the transaction of business com- ing before the Council are hereby promulgated and established: Sec. 347. The Mayor shall take his seat as presiding officer of the Council, and shall call the meeting to order promptly at the hour appointed for the meeting. In the absence of the Mayor, the Vice-Mayor shall preside. The following order of business shall be observed: Ist. Roll call of members. 2d. Reading of the minutes of the preceding meeting. 3d. Reports of standing committees in the order designated by the Mayor. 4th. Reports of special committees. 5th. Reports by the heads of departments. 6th. Unfinished business. 7th. Ordinances and resolutions offered by members. 8th. New business. _ 9th. Adjournment. Sec. 348. The Mayor, as presiding officer of the Legislative Council, shall preserve order and decorum at all meetings of the Legislative Council. Should he desire to absent himself from a meeting, he shall call upon the Vice-Mayor to preside, and if the latter be absent, he shall call upon some other member of the Legislative Council to preside. If the Mayor desires to leave the Council while in session he must obtain the leave of the Council. Sec. 349. At the first meeting in February of each year, or as soon thereafter as practicable, the Mayor shall appoint the 368 CITY ORDINANCES. BY-LAWS GOVERNING LEGISLATIVE COUNCIL. following standing committees, to serve during the ensuing year: 1st. Committee on Railroads. 2d. Committee on Parks. 3d. Committee on Streets, Bridges and Sewers. 4th. Committee on Street, Light and Electric Wires. 5th. Committee on Water.’ 6th. Committee on Public Lands and Buildings. 7th. Committee on Privilege Taxes. 8th. Committee on Ordinances and Resolutions. 9th. Committee on City Hall. 10th. Committee on Market House. Whenever any petition, resolution, proposed ordinance or communication of any character calling for action by the Leg- islative Council is filed with the Secretary it shall be his duty to refer the same to the appropriate committee, and the Secre- tary shall call a meeting of the members of such committee to examine into and report upon all business referred to it. Sec. 850. The Mayor shall appoint all special committees raised by the Council, unless otherwise ordered by the Council, and in the appointment of all standing and special committees the Mayor shall designate one member of such committee to be the Chairman. thereof. All committees shall meet at the City Hall, unless the Chairman shall specially request the meetings to be held elsewhere. The Secretary shall call the roll of the members of each committee promptly at the hour set for the meeting, and he shall report to the Council at its next meeting the members present and the members absent at all committee meetings held during the previous month. Each committee shall have the power to call upon the Mayor for information; also upon the heads of departments to appear before them and give 2 Amended February 25, 1902. CITY ORDINANCES. 369 BY-LAWS GOVERNING LEGISLATIVE COUNCIL. such information as may be desired. Any person shall have the right to appear before any committee and address it upon any subject under consideration. The Secretary shall notify at least one signer of any petition of the time such petition will be considered in committee. The action of any committee upon any matter referred to it shall be embodied in a written report to the Legislative Council. Such report, with all papers relat- ing thereto, shall be delivered to the Secretary, who shail present it to the Council at its next meeting. Sec. 351. The chairmen of standing and special committees shall be called upon for their reports in the order laid down in Section 349. All reports of such committees shall be in writing. No verbal report shall be entertained by the chair. A majority of any standing or special committee shall be a quorum for business. Sec. 352. All ordinances and resolutions must be read and seconded before they are opened for debate. Sec. 358. Questions shall be put by the chair in the following form: “As many as are in favor of the ordinance, resolution or motion (as the case may be) say ‘Aye,’” and, after the affirmative vote is expressed, ‘““As many as are opposed, say ‘No.’ ”’ Any member may call for a division before the result is an- nounced, and, when such division is called for, the Secretary shall call the roll of the members. Sec. 354. In all cases of ballot by the Council, every member of the Council is required to vote on all questions submitted to the vote of the same, unless some member has a direct financial interest in the determination of the question under consideration, in which case he may be excused from voting. Sec. 355. During the pendency of any question before the Council, when the floor is not occupied by any member speaking, 370 CITY ORDINANCES. BY-LAWS GOVERNING LEGISLATIVE COUNCIL. the following motions may be made in the order in which they are named: To adjourn. To lay any motion or resolution on the table. To postpone. To call for the previous question. — To refer to a committee. To amend. / ‘ Motions to adjourn or lay on the table shall not be debatable. As to all matters not provided for in these rules, Roberts’ Rules of Order shall govern as to questions of parliamentary law and practice. Sec. 356. No member shall absent himself from the Council while in session without first obtaining the permission of the Mayor. Sec. 357. No ordinance or resolution shall be acted upon or entertained by the Mayor until it has been reduced to writing. See. 358. None but a member shall address the Council, un- less by consent of two-thirds of the members present; but heads of departments may be called upon by any member for informa- tion pertaining to such department when such information is pertinent to the question before the Council. See. 359. No member shall be allowed to speak until he has arisen from his seat and has been recognized by the chair as entitled to the floor. Sec. 360. No member shall sneaic more than twice upon any one ordinance, resolution or motion pending before the Council, and no member shall consume in said two speeches a longer time than ten minutes. This section may be suspended only by the unanimous consent’ of the Council; but, by a two-thirds vote, the Council may, before any ordinance, resolution or motion is CITY ORDINANCES. 371 Abstract companies, PRIVILEGE TAXES. taken up for consideration, extend the time that may be con- sumed by each member in speaking thereto. Sec. 361. Any member interrupting another having the floor, or otherwise interrupting the business of the Council, shall be called to order by the chair or any member of the Council. Sec. 362. When a matter is referred to a committee of the Council the original papers shall be placed in the hands of the Chairman of such committee, which shall be returned to the Secretary with the report of the committee. Sec. 363. No ordinance or resolution creating or amending any contract, right or privilege shall be valid or attested by the Mayor or Secretary until it has been acted upon and passed by the Council at two readings, such readings to be had at sep- arate meetings, held on different days. Sec. 364. All ordinances or local laws, before being published, Shall be certified to by the Mayor and attested by the Secretary. Sec. 365. These By-Laws, or any portion thereof, shall not be suspended or amended except by a two-thirds vote of the mem- bers of the Council present. ARTICLE 20. PRIVILEGE TAX, AN ORDINANCE to provide revenue for the City of Memphis, fixing privilege taxes upon occupations, vocations and businesses. Sec. 366. Be it ordained by the Legislative Council of the City of Memphis, That each vocation, occupation and business herein- after named is hereby declared to be a privilege and the rate of taxation on such privilege shall be as hereinafter fixed: 1. Abstract companies, each per annum............ $ 75.00 S02 CITY ORDINANCES. PRIVILEGE TAXES. Advertising 2. Must stop be- fore crossing steam rail- road. Con- ductor to ex- amine, Penalty for failure to ob- serve this or- dinance, Rights of street cars subordinate to Fire Dept. 494 CITY ORDINANCES. REGULATION OF STREET RAILWAYS. Width of Sec. 711. No more than one street car track shall be laid on street required for double and single tracks. Streets—how to be appro- priated by street car company. any street or highway of the city of the width of thirty-six feet, or less, from curb to curb; two tracks may be laid upon streets of greater width than thirty-six feet from curb to curb. But neither one or two tracks shall be hereafter laid on any street except in the manner indicated in, and upon compliance with, the terms of this ordinance.® Sec. 712. No street or highway of the city shall hereafter be occupied, taken or appropriated for the use of the street car com- panies, or either of them, except in the manner herein prescribed, that is to say:? When either of said companies desire to occupy any street or highway with its track or tracks, such company shall first apply tc the Engineer of the city for the grade of the street or streets so to be occupied, and shall also apply to such Engineer for detailed specifications of the manner in which the track or tracks shall be laid, the pavement of the street to be taken up and replaced or rebuilt, and such other details in respect of the reanner of constructing the track and reconstruction of the pave- ment as may assure the construction of said track or tracks on the most approved plan, and the reconstruction of the pavement of the street in such manner that the same may be as durable, useful and valuable as before the occupancy of the street by the street car company.?® Sec. 713. Upon such application being made it shall be the duty of the Engineer to fix the grade and prepare all specifications aforesaid, with reasonable dispatch, and submit the same to the next meeting of the Legislative Council thereafter, and thereupon the grade and specifications aforesaid, if approved by the Legisla- tive Council, shall be furnished to said company, and no track 3 Passed October 5, 1898. CITY ORDINANCES. 495 REGULATION OF STREET RAILWAYS. or tracks shall be laid or commenced to be laid except in con- formity therewith; and the pavement of such street or highway shall be rebuilt or reconstructed in accordance with such specifi- cations, and under the supervision and direction of the City Engineer.* Sec. 714. It shall be the duty of the Mayor to see that con- formity to the grades and specifications and other provisions of this ordinance are complied with by said company.’ Sec. 715. No street car track shall be hereafter laid except with the Johnson rail, weighing not less than thirty-eight pounds to the lineal yard, or some other steel rail of that weight accepted by the City Engineer as being equally as good,-such rail to be laid on steel chairs not less than six inches in height, resting on white oak or heart cedar cross ties, seven feet in length, six by seven inches in size, laid five feet apart from center to center on a fine broken stone foundation, six inches or more in depth, the top of the rail to be, and to be at all times kept as nearly as practicable, flush with the surface of the street. All rails to be laid with steel fish-plates and wrought iron or steel bolts, all of approved section. Sec. 716. Whenever, by authority of the proper city officers, the carriageway of any street or highway, upon which one or more railway tracks are laid, is to be paved, or if already paved is to be repaved or reconstructed with the same or any other kind of pavement, the Mayor shall notify the railroad company whose track is laid upon such street to pave the carriageway, if it be a then unpaved street, within the rails of such track or tracks, in the same manner, with like materials and concurrently with the work of the city, under the general supervision and direction of the City Engineer; and if the street is already paved, 4 Passed October 5, 1893. Mayor to see that ordi- nance is ob- served. Provisions as to rails, ties, etc. Provisions as to paving. 496 CITY ORDINANCES. REGULATION OF STREET RAILWAYS. and the city be rebuilding or reconstructing the pavement, the Mayor shall notify said company thereof, and shall require it to reconstruct such pavement in the same manner, and at the same time, and with like material as that used in the work of repaving, reconstructing or rebuilding by the city within the rails and for two feet on each side thereof.t But nothing in this section shall be so construed as to release either of said companies from any obligation to grade, regrade, pave, repave, reconstruct or repair the roadway within and two feet outside of its tracks, as the same now exists by the charters of the companies, or any contract or contracts heretofore entered into between them, respectively, and the City of Memphis.* Tracks not to sec. 717. No street car track or tracks shall be hereafter laid be laid on ad- ee Pe on any street, if the next street parallel thereto, or any part c streets. thereof, is already occupied by a track or tracks, whether such track or tracks be used by steam or street railway.* Tracks on un- Sec. 718. Any street car track to be hereafter laid on any sates eran unpaved street shall be constructed with the rail and in the manner above stated in Section 716 of this ordinance, and the roadbed in such case within the rails and for one foot outside thereof shall be laid by such company with heart white oak or post oak plank, not less than four inches in thickness, under the supervision and direction of the City Engineer.’ | Notice to Bes mmecw(49.- WV hen ache city shall hereafter desire to pave any given to com- pany by city street or highway, now unpaved, it shall give notice of such pur- of intention Boe pose to the street car companies, and require them, respectively, within ten days after the receipt of such notice, to elect whether or not they or either of them will lay their track or tracks upon such street. An election not to do so shall preclude the com- 1 Passed October 5, 1893. CITY ORDINANCES. 497 REGULATION OF STREET RAILWAYS. pany so electing from the right to lay their track or tracks on such street or highway after it shall have been paved, except by consent of and upon reasonable terms to be imposed by the Legislative Council. In the event of an election to lay their track or tracks on such street, the same shall be laid concur- rently with the work of paving the street by the city. The paving of the roadway between the rails shall be done by such company in the same manner and with like material adopted by the city, under the supervision and direction of the City Engineer. In ihe event that both of the now organized companies, or. any company hereafter organized, shall elect to lay such track or tracks, the matter shall be referred to the Legislative Council, which shall determine to which of said companies the right shall be awarded, or whether it shall be given to them concurrently and jointly, upon terms to be prescribed by such Legislative ‘Council.’ Sec. 720. Whenever either of such street car companies shall hereafter desire to lay their track or tracks upon any street or highway within the limits of the city, and shall apply for the grade and specifications, as provided in Section 705 of this ordi- nance, it shall be the duty of the City Engineer, after fixing the grade and preparing the specifications, to suggest to the Legis- lative Council whether or not the same terminus or termini may be reached with equal or greater convenience to the public by a different route than that applied for by the company, and there- upon the Legislative Council shall have power, if in its opinion the public interests and convenience so require, to designate another route or other routes by which the same territory may be substantially reached and the same public interests served by the street car company.® 3 Passed October 5, 1893. City may des ignate route to be used for reaching given point. 498 CITY ORDINANCES. REGULATION OF STREET RAILWAYS. fake ts, ver Sec. 721. No street car company shall be permitted to [lay,] BULEEt. use or maintain any track, whether such track be already laid or not, unless the same be so laid [and maintained] that the sur- face of the rail [be laid and at all times be Kept] as nearly as practicable flush with the surface of the street, and so as in the least [practicable] degree to impede the crossing thereof, in any direction, by public travel over the same, [or the use of the high- way by the general public].t. And it shall be the duty of every officer of the police force to report to the Mayor any failure to. comply with the provisions of this section, or any other section of this ordinance; and thereupon it shall be the duty of the Mayor to give notice to the company constructing or maintaining such track to conform the same to the requirements of this ordinance. If such company shall fail, after the lapse of five days from the service of such notice, to commence, and with reasonable dispatch prosecute, the work of conforming its tracks to the requirements of this section, the Mayor shall have power, and it shall be his duty, to stop said work, and to remove such tracks at the cost and expense of such company, and to conform the surface of the carriageway to the public convenience. And it shall be the duty of the Mayor to enforce the provisions and. requirements of this ordinance. Street car Sec. 722. Whenever either of the street car companies shall company must here vane, suey apply for the grade of a street or highway, with a view to lay a tire roadway ERS street car track or tracks thereon, as herein provided, and a grade. cther than the then existing grade shall be furnished by the: Engineer of the city, and adopted, said street car company shall. be required, at its own expense, to conform the grade of the: entire roadway from curb to curb to the grade fixed by the: Engineer for the roadway within its tracks, the grade of the 1 In brackets passed May 9, 1889, balance passed October 5, 1893. CITY ORDINANCES. 499 REGULATION OF STREET RAILWAYS. entire roadway to be fixed by the Engineer and furnished the said company in the manner hereinbefore provided." Sec. 723. Nothing in this ordinance contained shall be so construed as to prevent the city, so far as it now has lawful power and right to do, to forbid and prevent the laying or maintaining of a street car track or tracks on any street or high- way upon which, in the judgment of the Legislative Council, the public interests and convenience require that no track or only one track shall be laid.’ Sec. 724. If more than one street car company shall hereafter apply for or propose to lay a track or tracks on the same street or streets, the Legislative Council shall, if in its judgment the public interests and convenience require or call for the laying of such track or tracks, determine to which company the right shall be awarded or permit issued, such determination to be made so as best to subserve the public interests.’ Sec. 725. It shall be a misdemeanor to violate or fail to comply with the provisions of the foregoing, punishable by a fine of not -™more than $50.” Sec. 726. That all street cars propelled by electricity or other power shai be brought to a full stop before passing another car, which has been brought to a stop for the purpose of taking on or putting off passengers.’ Sec. 727. At no point within the city limits shall they run at All cars shall be brought to a full stop before crossing any street car track or a greater speed than fifteen (15) miles per hour. other railroad track.® 2 Passed October 5, 1893. 3 Sections 727 and 728 passed February 25, 1892. Council may forbid the laying of track on street. Council shall determine which of two or more com- panies shall appropriate street. Penalty for violation. Car passing another car shall stop. Limit of speed. 500 CITY ORDINANCES. REGULATION OF STEAM AND STREET RAILWAYS. ae for Sec. 728. That any corporation or person violating the pro- violation. . ’ visions of this ordinance shall be deemed guilty of a misdemeanor, and, on conviction, be fined not less than one ($1) dollar nor more than fifty ($50) dollars.* ARTICLE 43. CONTRACTS WITH STEAM AND STREET RAILROADS, Contracts Sec. 729. Each and every contract between any steam or street with compa- bk et railroad company and the city, under which such company e€c GA Ge ke : Ear ak occupies with its tracks any street or parts of streets within said city, or operates steam or street cars thereover, shall, in addition to being a contract between the parties, be deemed also an ordi- ee: with the same effect as if the city had granted or con- | sented to such use and occupancy, by an ordinance wherein was embodied all the terms and provisions and conditions of such contract, and that any breach of such contract on the part of such company shall be a misdemeanor, and shall subject the offender to arrest and, upon conviction, to a fine of not less than one ($1) nor more than fifty ($50) dollars. Failure to Sec. 730. That failure of any steam or street car company to maintain tracks Of eta hay. or maintain its tracks, or to lay, relay, repair or maintain . ing on strects \ Susie ihe paving of the streets, or parts of the streets occupied by it, in the manner, to the extent, and within the time prescribed by such contract, is hereby declared a nuisance and a misdemeanor, and shall subject the offender to arrest, and, upon conviction, to a fine of not less than one ($1) dollar nor more than fifty ($50) dollars. Every day’s failure shall be a separate offense, and punished accordingly, which shall apply to this entire ordinance. Failure to Sec. 731. That whenever the surface of any street shall be dis- pave, repave, — an turbed by any steam or street railroad company, and there shall street. be a contract there existing showing the obligations of such 3 Sections 727 and 728 passed February 25, 1892. CITY ORDINANCES. MISDEMEANORS, company, in respect of the paving, repaving, repairing or main- taining the paving of such streets, either within or without the tracks of such company, and said company shall fail to comply with and perform such work in every particular, such failure shall be considered and treated as if the use and the occupancy of said street had been in the first instance unauthorized and unlawful, and as a nuisance, subjecting the offender to arrest, and, upon conviction, to a fine of not less than $1 nor more than $50. Each day’s breach of such contract to constitute a separate offense, and to be punishable accordingly. Sec. 732. That the grade of streets, the manner of work, material used and the erection of poles, shall all be under the supervision of the City Engineer, and done according to his specifications and directions, and any conflict between him and the railroad company shall be adjusted by the City Council, which shall be final. See. 733. That this ordinance shall, in all respects, apply to the officers, agents and employes of such company as well as to the companies themselves. * and * ARTICLE 44. NUISANCES. Sec. 734. It shall be deemed a misdemeanor to do, or cause to be done, any of the following acts, and any person convicted thereof shall be fined not less than $5 nor more than $50: Sec. 735. To build, construct or keep a slaughter pen or house within the city, or within one mile thereof. Sec. 736. To cause, create or permit, within the city, or within one mile thereof, any nuisance on one’s premises; and each day such nuisance is permitted to remain shall constitute a separate offense. 1 and 2 Article 43 passed December 10, 1890. See Citizen’s Street Railroad Con- tract (Watkins’ Digest). 501 NUISANCES. Work on streets under supervision of Mngineer, Ordinance applies to ciployves. Slaughter pens. Cause, create or permit nuisance. 502 CITY ORDINANCES. MISDEMEANORS, NUISANCES. ‘Careass in public place. Noxious sub- ‘stance in street. Seatter dirt from cart. “Throw water or other sub- stance from window. Unmuzzled dogs. (Obstruction of public grounds or highways. Sec. 737. To throw or put into any street or public place any dead animal, or fail to remove and bury, without the city limits, the carcass of any dead animal owned or controlled by any one. Sec. 738. To throw into the street or other public place any filth or noxious substance, or to permit the same to flow from one’s premises into any street or public place, or on the prop- erty of others.’ Sec. 739. To haul dirt through the streets, in carts, without sufficient tailboards to prevent it from falling out upon the streets. Sec. 740. For any person or corporation to carry or haul through the streets of the city dirt, sand or any other like sub- stance, except in close or tight vehicles.’ Sec. 741. To throw any water or other substance from the windows of any house into the street or public places, or on the premises of others, or upon the top or roof of any house what- soever. Sec. 741. To permit any dog to run at large, unless so muz- zlied as to prevent his biting, during the months of May, June, July, August and September.* Sec. 742. To place, or cause to be placed, any manner of buildings, erections, depositories or other obstructions, with any sort of permanency, for private use, benefit or profit upon any part or portion of the public grounds, thoroughfares or passways of the city, without permission of the Fire and Police Commis- sioners and Board of Public Works. 1 Code, Section 4854. So, also the causing or suffering any offal, filth or noi- some substance to be collected or remain in any place to the prejudice of others; and the corrupting or rendering unwholesome or impure, the water of any river, stream or pond are nuisances, and by post Section 763 are misdemeanors under these ordinances. 2 Section 740 passed August 6, 1907. 3 See ‘‘Dog Ordinance,’’ passed June 7, 1906. Section 1412 post. CITY ORDINANCES. 503. MISDEMEANORS, NUISANCES. Sec. 743. That every owner, tenant, lessee and occupant of any building or lot (whether vacant or occupied) within the Taxing District shall keep and cause to be kept, the sidewalks fand curbstones]‘* in front thereof in good repair and condition, and that every such person shall keep and cause every such sidewalk to be kept free from obstructions, and also free from any incumbrance and all substances of every kind. [It shall be deemed a misdemeanor for any one to rent to another any portion of the sidewalks of the streets of the Taxing District, for the purpose of selling fruit, vegetables or any class of mer- chandise thereon. Any person convicted thereof shall be fined not less than $5 nor more than $50.]° Sec. 7438a. Whenever any sidewalk needs repairing or relay- ing with the same material, the police are required to give writ- ten notice to the owner or occupant in front of whose prop- erty the said sidewalk runs, to repair the same within not ex- ceeding ten days from the date of said notice, and the police- man serving the notice shall preserve in a stubbook the date of the notice, and a note of his service of the same; and any one failing to comply with the same shall be guilty of a misdemeanor; and all ordinances inconsistent herewith are repealed.® Sec. 744. It shall be a misdemeanor for any persons, individ- ually or through others, to construct, erect, alter or repair any house connection without first obtaining a permit from the City Engineer or his authorized assistants, and all persons guilty thereof shall be fined not less than $1 nor more than $50; and any house connection found hereafter to have been constructed, erected, altered or repaired in violation of the ordinances, rules and regulations of the city, in such manner as shall be deemed 4 City to lay curbstones. See Article 26 ante. 5 In brackets passed June 19, 1890. See Section 486 ante. 6 Section 748a passed March 21, 1882. See Sidewalk Ordinance, Section 486 et al. arte. Sidewalk kept. in repair. Sidewalk not to be rented. Violation of sidewalk ordi- nance. Constructing or repairing house without permit. 504 CITY ORDINANCES. MISDEMEANORS, NUISANCES. ‘Smoke from factories, ete. ‘Same. ‘Special duty -of Fire and Police Depts. to prevent violation of smoke nui- sance, ‘Open lots to be inclosed on order of Bd. eof Health. detrimental to health, then and in that case the person or persons, owners or agents so offending shall be guilty of a mis- demeanor, and shall be fined not less than $1 nor more than $50; and each day’s continuance of the same, after notes to remedy same, shall constitute a separate and distinct offense." See. 745. The emission of dense smoke, made by the burning of coal or other fuel, from the smokestack of any boat or loco- motive, or from any chimney anywhere within the city, or within one mile of the city limits, shall be deemed, and is hereby de- eclared to be a public nuisance and a misdemeanor; provided that chimneys of buildings used exclusively as residences shall not be considered within the provisions of this ordinance.” Sec. 746. The owner or owners of any boat or locomotive, and the person or persons employed as engineer or theres in the working of the engine or engines in said boat, or in operating such locomotives, and the proprietor, lessee or occupant of any building who shall allow dense smoke, made by the burning of coal or other fuel, to issue or be emitted from the smokestack from any such boat or locomotive, or the chimney of any build- ing, within the limits aforesaid, shall be deemed and held guilty of creating a nuisance, and shall for every offense .be fined not less than $1 nor more than $50. Sec. 747. That it be and is hereby made the special duty of the Chiefs of the Police and Fire Departments to see to the enforcement of this ordinance, and to cause the arrest and prosecution of any person guilty of violating the same.’ Sec. 748. In order to prevent the nuisances that are now fre- quently committed on vacant and open lots within the city, the Board of Health is hereby authorized to designate such open lots 1 Section 744 passed May 29, 1884. 2 Sections 745 and 746 passed February 24, 1896. 1 Section 745, 746 and 747 passed February 24, 1896. CITY ORDINANCES. 505: MISDEMEANORS, MISCELLANEOUS... as ought to be inclosed, and to determine the character of fence with which the same should be inclose?. nd that upon notice from the Board of Health of the designation of a now open lot to be inclosed, and of the character of the inclosure, the owner shall, with all reasonable dispatch, proceed to inclose the same as directed by said Board. Sec. 749. To lay down any new water or gas pipes within the limits of the city less than at least three feet below the base of the sidewalks, and the Engineer shall furnish a certificate of the grade; and no pipes shall be put down under the pave- ment or roadbed, except when necessary to connect with pipes already laid. See. 750. Violation of or failure to comply with this ordinance shall be a misdemeanor and subject the offender, upon conviction, to a fine of not less than $1 nor more than $50." ARTICLE 45. MISCELLANEOUS. Sec. 751. It shall be deemed a misdemeanor to do, or cause to be done, any of the following acts; and any person convicted thereof shall be fined not less than $5 nor more than $50: To be found prowling about the property of others, without being able to give a good account of one’s self. Sec. 752. To enter into the house or place of business or upon the premises of another, for any unlawful purpose. Sec. 753. To sell or dispose of, or to offer to sell or dispose of, any impure, unwholesome, adulterated or diluted milk, within the limits of the city. 2 Section 748 passed April 4, 1895. 3 Passed April 4, 1895. Gas pipes at depth of 3 feet below side- walk. Penalty for violation. Prowling. Ientering house for unlawful purpose. Selling im- pure milk. 506 CITY ORDINANCES. MISDEMEANORS, MISCELLANEOUS. ‘Tampering Sec. 754. To tamper with any water or fire plug, water-valve, with water plugs, ete. stopcock, or other appurtenances and appliances of the water- works, unless authorized by the Legislative Council, or the own- ers of the waterworks; but this subsection is not to apply to the Fire Department of the city. Contractor to Sec. 755. For any contractor or other person to use any water use public water supply from the public supply of the City of Memphis for any purpose, ‘without per- 7 unless it be through a meter, until the same has been paid for in advance, and a permit allowing the use of same shall have been issued from the office of the Water Department.’ Permit to re- Sec. 756. Any contractor or other person applying to the main at loca- sey water is Water Department for a permit shall furnish the exact number or location of the place at which water is to be used, and shall state fully the purpose for which water is to be used; and that the permit, when issued, shall remain on the place on job speci- fied during the whole time that water is to be used, and that it shall be shown to any inspector of the Water Department at any and all times it may be demanded by any such inspector.* noe ee Sec. 756a. No street railroad company shall be permitted to r n pis lay down more than one railroad track on any street in the city.’ Gas pipes at Sec. 7560. ‘To lay down any new water or gas pipes within depth of 3 feet ‘below side- alle: the limits of the city less than at least three feet below the base of the sidewalks, and the Engineer shall furnish a certificate of the grade; and no pipes shall be put down under the pavement or roadbed, except when necessary to connect with pipes already laid. ‘Trees in lwo Sec. 757. It shall be unlawful for any owner or tenant of coer Be any property abutting on any street or alley within the city, to permit any tree upon said property, or any tree growing upon 4 Sections 755 and 756 passed July 6, 1905. 5 Sections 756a and 756b passed April 21, 1880. CITY ORDINANCES. 507 MISDEMEANORS, MISCELLANEOUS- the sidewalk or in the alley in front of or along the side of such property, to come in contact with any of the fire or police wires belonging to the city, and any person who shall permit such trees or limbs of any tree to come in contact with such wires, or extend within two feet thereof, shall be guilty of a misdemeanor, and shall be fined not less than $2 nor more than $50 for each offense, and each day that such wire shall be main- tained contrary to the provision of this ordinance shall consti- tute a separate offense.°® Sec. 758. The City Electrician is hereby authorized and em- powered to cut and clear away the limb of any tree which shall come in contact with the city fire or police wires, or which shall grow in dangerous proximity thereto.® Sec. 759. All water and gas companies’ connection pipes, from their mains in the streets and alleys of the city to the connection with buildings, shall be of lead or galvanized iron, and no plain, wrought or cast-iron pipes shall be permitted to be used here- after; and whenever, hereafter, a street is to be paved the gas and water companies are required to put in house connection pipes every twenty-five feet, to prevent the taking up of the streets after they shall have been paved‘ Sec. 760. Every one engaged in the pawnbroker’s business in the city shall keep a well bound book, and in a legible hand- writing a particular, minute and detailed description of each article pawned. Also the name, color and residence of the pawner, which book shall be indexed and the pawnee (the said pawnbroker) shall give the pawner a receipt corresponding with the description in the said book or register, and said pawn- broker shall keep such book or register open at all times to 6 Sections 757 and 758 passed March 1, 1902. 7 Sections 759 passed December 11, 1885. City Electri- cian to cut. Only lead or galvanized iron water and gas pipes. Pipes every 25 feet when streets are to be paved. Pawnbrok- ers’ records. 508 CITY ORDINANCES. MISDEMEANORS, MISCELLANEOUS. Property pawned to be kept 24 hours. Second-hand dealers not to purchase from minors. Reeord to be kept by see- ond-hand dealers. the inspection of the police. [Every person so engaged in the pawnbroker’s business shall prepare and deliver to the Chief of Police every day before the hour of nine o’clock a. m., a legible and correct copy from such registry, of the description of all property, bonds, notes or other securities received on deposit or purchased during the preceding day, with the nate of each party making a deposit or pledge, together with the description of the person by whom left in pledge, or from whom the same was purchased. No bond, note, security or personal property of any kind received on deposit, purchased or pledged by any such pawnbroker shall be sold or permitted to be redeemed or removed from the place of business of such pawnbroker for the space of twenty-four hours -after the copy and statement provided ' for in this ordinance has been delivered.]t And a failure to do and perform all or any of the things required shall be a mis- demeanor.” Sec. 761. For any junk dealer, or other vendor of second-hand commodities, or any person acting as agent for such, to pur- chase any article or commodity, other than rags and paper, from a minor, without the written consent of the parent or guardian of the minor, and all purchases of goods, wares, merchandise, other than those mentioned in this section, made by the pro- prietors of junk stores, or their agents, in the city, must be en- tered on ri book kept for that purpose, designating the article and date of purchase, the name of the party selling, together with his or her residence. This book shall be correctly kept, and subject to inspection whenever it may be deemed necessary ~ by any member of the police force. Failing to keep such a reg- ister shall be a violation of this subsection.’ ‘1 In brackets passed April 23, 1891. 2 Section 760 passed April 28, 1881, and amended as in brackets. 3 Section 761 was Section 10 of Article 42, Watkins’ Digest, 1902. CITY ORDINANCES. 509 MISDEMEANORS, MISCELLANEOUS. To steal, or attempt to steal, a ride upon any street car or omnibus upon any of the streets of this city, by sitting, standing or hanging on or about the steps or any other part of any such car or omnibus; or to play upon or near the track or tracks of any such street railroad, or to put obstruction on the same.* To do, or cause to be done, in this city, any act or acts which, by the laws of Tennessee, are holden to be a mis- demeanor, shall be deemed misdemeanors under these ordi- nances; and all offenses against, or violations or infractions of, any ordinance of this city, which have been, or may hereafter be, defined to be a misdemeanor, as-provided in the act of 1879, Chapter 2, establishing this city, or the acts amendatory thereto, are and shall be deemed misdemeanors, as well as all acts pro- bibited by ordinance of said city, now or hereafter passed. Sec. 764. It shall be a misdemeanor, punishable by a fine of not less than $1 nor more than $50, for the owner or person in charge of any horses, mules, cows, cattle, swine, sheep, goats or geese, to permit them or any of them to run at large in any street, alley, public square or public place in the city, including the Ninth and Tenth Wards. The Chief of Police will cause any of said animals so running at large to be taken up and put in the pound, which shall be and is hereby established wherever the Mayor and the Chief of Police may select within the city. For the purpose of taking up such animals running at large the Mayor and Chief of Police may, in behalf of the city, employ one or more persons, the number to be fixed according to their judgment, whose compensation shall not be more than $65 per month.° 4 Section 762 passed August 20, 1880. 5 Section 764 passed April 1, 1886. (See Section 247.) (The salary of Pound Keepers increased by resolution passed in — , 1907.) Stealing ride. Doing of any act which is a misdemeanor under laws of State. Animals run- ning at large to be put in pound. 510 CITY ORDINANCES. MISDEMEANORS, MISCELLANEOUS. Sale of un- Sec. 765. If within three days from the day an animal is put claimed im- pornees into the pound the owner or person in charge thereof calls for the same, such animal shall be delivered to him upon the pay- ment of $1 for each head of goats, swine or sheep, of $1.50 for each head of horses, mules, cattle or cows, and 25 cents for each head of geese so impounded. If no one claims the same within the said period of three days, the Chief of Police shall cause a. notice to be inserted in the official organ of the city for five successive days, briefly describing the animal, and giving notice that unless redeemed the same will be sold at public sale. All of said animals not redeemed by the payment of the pound fees. aforesaid, and 25 cents per head for each day after the expiration of the first three days, shall be sold on the day named in said notice at public auction, to the highest bidder for cash, of which. sale a record containing a brief description of the property sold, the price paid, and name of the purchaser, shall be kept at the office of the Chief of Police. The proceeds of such sale shall be received by the station house keeper, and paid over, each day, to the Register of the city, who shall hold such fund sub- ject to order of the owner of said animal after retaining enough to pay all fees, costs and charges as hereinbefore provided, in- cluding cost of advertising the sale.’ Awnings and Sec. 766. No awning shall be erected fronting any street so Sain as to obstruct the sidewalk, or in any wise, by insecurity or fault in the construction thereof, to endanger the lives or limbs of persons passing under them; nor shall any signboard be erected less than nine feet from the ground or pavement, nor be so erected as in any manner to obstruct the same. Illuminated Sec. 767. Illuminated signs may be hung over the sidewalks, signs. provided said signs shall conform to the following conditions: Said signs shall have an illuminating power of not less than 1 Section 765 passed April 1, 1886. See Section 247 ante. CITY ORDINANCES. 511 MISDEMEANORS, MISCELLANEOUS. 50 candle power [and the letters in such signs shall be composed of electric bulbs, which shall be illuminated nightly];* they ‘shall be hung not less than nine feet from the sidewalk, and not over three feet from the wall of the nearest building; and ‘said signs shall in all cases be erected under the approval of the ‘Chief of Police, and the plans and specifications of such signs shall be submitted to the Chief of Police before the same are erected. Sec. 768. It shall be a misdemeanor to erect or repair any ‘wooden awning, or any awning made partly of wood and partly of iron or other material, or partly of iron and partly of other material, on either side of Main street, between the Louisville & Nashville Railroad depot and the Mississippi & Tennessee Railroad depot; and each day that such awning so erected or repaired remains standing shall be a distinct and separate of- fense.® Sec. 769. It shall be unlawful for any person doing any busi- ness in the city to follow the same, unless his, her or their names, or name of the firm, is printed or affixed in legible letters over the front door of his, her or their business house—the let- ters to be of the usual size used on such signs. Sec. 770. All churches, theaters, public halls, schoolhouses and places of amusement are required to have their doors swung on double hinges, so that they will open in and out, so as to prevent disasters in case of fire. Sec. 771. No person shall be allowed to dig into or under the bank of the Mississippi River, at or near the water’s edge, between the mouth of Wolf River and the southernmost bound- ary of the city, for the purpose of procuring or tarrying away 2 The clause between the words ‘‘power’’ and ‘‘they’’ passed November 5, 1903. 3 Section 768 passed May, 1882. Awnings not allowed on Main street. Business signs. Doors of pub- lic buildings swing out- ward. Digging in river bank, 512 CITY ORDINANCES. MISDEMEANORS, MISCELLANEOUS. Same. Killing birds. Permit for bootblacks. sand, gravel or other material from the same, with or without permission of the owners of lots fronting on the Mississippi River, and the owners of such lots are forbidden to make excava- tions in like manner and for such purposes, or to permit others to do so. Sec. 772. Neither the owners nor any other person shall be allowed to dig to any depth any avenue or tunnel into any or under any lot on the river front of the city, nor into or under any street of the city, for the purpose of procuring sand, or for any purpose whereby, by carrying on or commencing such excavation or tunnel, any real estate of the city may be under- mined, endangered, disturbed or reduced in marketable value, in consequence of fears or apprehension of damage resulting from such digging or otherwise; provided, that owners of prop- erty fronting on said river front may pave and grade their prop- erty in conformity to the grade of the streets of the city adja- cent thereto, as laid down and established by the Engineer. Sec. 772. The killing, or attempting to kill, any English spar- row, or any other kind of bird, within the limits of the city, is prohibited. Sec. 773. Every boot or shoeblack shall apply to the Chief of Police for a permit to carry on his business, which permit shall be granted gratuitously, and shall designate the name of applicant, the length of time for which such permit is ‘to be granted, and the place where the business is to be carried on, and such license shall be transferable only by permission of the Chief of Police, and the place of business shall only be desig- nated at the request or permission of the owner or occupant, in front of whose home or business place the business is to be carried on. The Chief shall keep a record of the licenses under this order. Every licensee under this ordinance shall be re- quired to remain at his place of business, and will not be al- CITY ORDINANCES. 513 MISDEMEANORS, MISCELLANEOUS. lowed to carry on his business at any other place, or run about the streets to solicit business, and any violation of either of the above sections shall be a misdemeanor.’ Sec. 774. All persons are forbidden to erect, establish or oper- ate, within the fire limits of the city, any factory, machinery or other works for the manufacture of oil of any kind, from cotton seed or other material [without the special permission of the Legislative Council];? but factories already erected, established and in operation, and the territory lying north of Poplar and west of Front streets are excepted from the provisions of this section. Sec. 775. All persons laying down drains and sewers from any point in the city to the river shall lay the same of iron pipes, if they run under the levee, and the same shall be laid under the direction of the Engineer, and all those who have heretofore laid sewer or drain pipe to the river, running under the levee, are required, in repairing the same, to lay iron pipe under the said levee, also under the supervision of the Engineer; and, in both cases, the pipes are to be of such size, and laid in such manner, as said Engineer shall direct. Any one failing to comply with this ordinance shall be guilty of a misdemeanor. Sec. 775a. Subsection 1. That hereafter it shall be unlawful for any eainlave: bellboy, servant or other person connected with any hotel, boarding house or restaurant in the City of Memphis to bring any public prostitute or woman for purposes of pros- titution into said hotel, boarding house or restaurant. Subsec. 2. Be it further ordained, That it shall hereafter be unlawful for any woman or man to use any room or place in a hotel, boarding house or restaurant in the City of Memphis for purposes of prostitution. 1 Section 773 passed March 28, 1882. 2 In brackets passed April 238, 1881. Oil works forbidden in certain dis- tricts. Iron sewer pipes under levee. 514 ' CITY ORDINANCES. MISDEMEANORS, MISCELLANEOUS. Subsec. 3. Be it further ordained, That any hotel keeper, boarding house keeper or restaurant keeper in the City of Mem- phis may inquire into any use of his rooms for any other than a lawful purpose.*® Sec. 776. If any person be fined by the City Judge for the commission of any misdemeanor, or for any other offense against the laws or ordinances of this city, such persons shall, in de- fault of payment of such fine, be confined at hard labor within or without the workhouse until such fine is paid and discharged, or until such person, being credited with 40.cents for each day’s | labor, has fully paid and discharged said fine.* Sec. 777. It shall be unlawful for any person, firm or corpoia- tion to sell ice from wagons without having in or attached to such wagons scales by which accurate and correct weights may be made of ice sold therefrom. It shall be the duty of any person, firm or corporation selling ice from wagons, upon demand of the purchaser or purchasers of such ice, that the same be weighed or reweighed, to weigh or reweigh the same, and to charge only for the actual weight of the ice delivered.® To permit Sec. 778. For the owner of any oil wagon, or other vendor oil to spill on street. or carrier of oil, or other persons, to permit oil to drip, spill or fall upon any asphalt pavement of the City of Memphis. Any violation of this ordinance shall subject the violator to arrest and a fine of not less than $10 nor more than $50.° To sell liq- Sec. 779. For any one to sell or give intoxicating liquors to uors within 500 feet of parks. any one at any saloon, restaurant or other place within the City of Memphis, within 500 feet of all parks owned by the City of 3 Section 775a and Subsections 1, 2 and 3 passed May 7, 1909. 4 Section 776 passed September 27, 1905.. - a 5 Section 777 passed September 9, 1907. “er 6 Section 778 passed May 9, 1903. CITY ORDINANCES. alte MISDEMEANORS, MISCELLANEOUS. Memphis of over 50 acres in size; provided, that this ordinance shall not apply to any premises within the prohibited distance on which a saloon is now. being conducted until the expiration of the time the owners of such saloon may now be licensed to conduct such business. Be it further ordained, That whoever shall violate the provisions of this ordinance shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be fined for each of- fense not less than $50 nor more than $300.’ See. 780. It shall be the duty of the Chief of Police, and his subordinates, to see that all of the ordinances contained in this Digest are enforced; and any infraction or violation of any sec- tion or subsection of the same shall be punished by a fine of not less than $1 nor more than $50, where fines have not been spe- cially provided; and where, by any of the ordinances contained in this Digest, any violation of any of the same is visited with a criminal penalty, or the same is made a misdemeanor, and £ civil remedy is also provided, the prosecution of the civil rem- edy shall be no bar to criminal proceedings thereunder, nor shall criminal proceedings thereunder be a bar to civil proceed- ings thereunder. [And where any act is forbidden by ordinance, or is made a misdemeanor, and no punishment is prescribed there- for, the same is to be punished by a fine of not less than $1 nor more than $50, and imprisonment in default of payment thereof, as in other offenses. |* 7 Section 779 passed May 9, 1903. 8 In brackets added by ordinance passed September 27, 1880. Punishment for misde- meanors when no specific penalty is provided. 516 CITY ORDINANCES. REGULATION OF GAS COMPANIES. Gas lights—16 candle power. Rate of charge for gas. Office Gas Inspector created. Compensa- tion. Duties. ARTICLE 46. REGULATION OF GAS COMPANIES. Sec. 781. All gas companies within said city furnishing light to it and its inhabitants by means of pipes or other conductors, laid in or under the streets or sidewalks of said city, shall be, and they are hereby, required to furnish gas of not less than 16 candle power, and that the same shall be as free from dele- terious and hurtful elements as practicable.* Sec. 782. The rate to be charged for gas so furnished, either to said city or to the inhabitants thereof, shall not exceed the sum or price of $1.50 per 1,000 feet, when paid within the cus- tomary discount days, with the right on the part of the gas companies to add 5 per cent. thereto if not so paid. Sec. 783. That the office of Gas Inspector is hereby created, to be filled by the Legislative Council on the nomination of the Mayor. He shall hold office for a term of one year, and shall give bond in the sum of $5,000 for the faithful performance of his duties. His compensation shall be fixed by the Fire and Police Com- missioners, and paid out of the lighting fund. It shall be the duty of such Inspector to see that the gas fur- nished is of the quality and illuminating power above prescribed, that the gas meters furnished properly measure the gas passing through them, and generally shall he perform such other services as may from time to time be imposed upon him. Sec. 784. A fee shall be charged for inspecting or re-inspecting, sealing and stamping gas meters inspected and stamped.* 1 Sections 781, 782 and 783 passed October 29, 1895. 2 The rate to be charged for gas is fixed at $1 by ordinance permitting con- solidation of lighting companies. See Memphis Consolidated Gas & Electrie Co. Ordinance, post. 8 Sections 784 to 788, inclusive, passed March 8, 1909. CITY ORDINANCES. 517 REGULATION OF GAS Sec. 785. The said fee of 50 cents shall be collected by the Gas Inspector for the use of the City of Memphis for each meter inspected by him.’ Sec. 786. No meter shall be inspected except at the instance and upon the written request of either the consumer or the gas company. The said inspection fee of 50 cents shall be paid by the applicant for the inspection in advance to the Inspector for each such inspection, and when the request for inspection is made it shall be the duty of the gas company to bring or send the meter to the office of the Inspector, and no meters shall be subject to more than four inspections per year.* Sec. 787. In all cases where a gas meter is found by the Gas Inspector to be fast after testing the same, the inspection fee of 50 cents shall be paid by the gas company, and the fee col- lected from the consumer shall be refunded to him by the Gas Inspector.*® See. 788. The Gas Inspector shall make a written report of the meters inspected by him on the first of each month to the Secretary of the Council, and shall turn over with his said re- port, a receipt from the County Trustee for the fees collected during the preceding month, and all funds so collected shall he paid into and credited upon the lighting fund.’ Sec. 789. Failure to comply with or a violation of the pro- visions, or any of them, of this ordinance is hereby declared a misdemeanor, each and every instance of such failure to com- ply or violation being a distinct and separate offense, punishable, upon conviction, by a fine of not less than $1 and not more than $50.4 3 Sections 784 to 788, inclusive, passed March 8, 1909. 4 Section 789 passed December 7, 1895, COMPANIES. Penalty for violation. 518 CITY ORDINANCES. BLISDEMEANORS, MISCELLANEOUS. ARTICLE: 47. HACKMEN’S STRIKES. Misde- Sec. 790. It is hereby declared a misdemeanor, punishable, meanor to de- cline to carry passengers to upon conviction, by a fine of not less than $5 nor more than destination. ; $50, for any driver of a public or licensed hack, carriage or other vehicle, to receive passengers or customers and pp ee) refuse to carry them to their destination, because of the fact that other hacks or drivers not belonging to said ‘“Hackmen’s Union” may be employed in the same procession or work, or because of the fact that such other hacks or drivers of hacks are not agreeable to the one or ones so refusing.’ Intimidation Sec. 791. It is hereby declared a misdemeanor, punishable, of other hack- Bt aac nee. on conviction, by a fine of not less than $5 nor more than $50, for any public or licensed hackman or owner of a public or licensed hack or hacks, or other vehicle, to attempt, by violence, ‘Or by threats of violence, or by any other unlawful means what- soever, to prevent any other public or licensed hack or hacks, or other vehicle, from lawfully rendering to the public such service as they may be called upon to do, and may be entitled Jawfully to rerder.° son SCG bod: The Chief of Police and all the officers and men of the police force, are hereby required to report to this Council any instance or Tees coming to their knowledge or infor- mation of a breach by any public or licensed hackman or driver, ‘or owner of a public or licensed hack, of the provisions of the first two sections of this ordinance; that, upon such report being filed, such hackman' and the owner of such hack or hacks shall be cited to appear before this Council, to the end that due and 5 Sections 790 and 791 passed April 4, 1895... CITY ORDINANCES. 519 MISDEMEANORS, MISCELLANEOUS. ' proper action may be taken -for the revocation of the license or licenses of the hack or hacks so offending.’ See. 7 793. “Any person Ey talaiine the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and, on con- vietion, shall be fined not less than $1 nor more than $50. . ARTICLE “48. GIRLS SELLING NEWSPAPERS. Sec. 794. It shall be a misdemeanor for any girl or woman to sell, or offer for sale, on the public streets of the city any daily or weekly newspaper or periodical publication of any kind? - Sec. 795. That a violation of this ordinance be, and is hereby declared a misdemeanor, and the offender, upon conviction, shall be fined not less than $1 nor more than $50.7 ARTICLE 49. BRINGING PAUPERS INTO THE CITY. Sec. 796. The bringing of a pauper into the City of Mem- phis, by any railroad, steamboat or other carrier of persons is hereby prohibited; provided, the railroad, steamboat or other carrier bringing such pauper into the city knows, or has rea- sonable grounds’ to believe, or, upon practicable investigation, could ascertain that he or she is a pauper and would become a charge upon the public authorities.’ Sec. 797. A violation of this ordinance is hereby declared a misdemeanor. and the offender, upon conviction, shall be fined not less than $1 nor more than $50.* 1 Ordinance passed April 4, 1895. 2 Ordinance passed April 5, 1894. 3 Sections 796 and 797 passed August 9, 1894. Penalty. Misdemeanor for female to sell newspa- per. Penalty for: violation, Bringing paupers into city. 520 CITY ORDINANCES. MISDEMEANORS, MISCELLANEOUS. Board of Health may establish ani- mal quaran- tine. Failure to notify Board of Health of communiea- ble animal disease, mis- demeanor. Misdemeanor to bring dis- eased animal inte city. ARTICLE 50. DISEASES AMONG ANIMALS. Sec. 798. The Board of Health of the city shall have the gen- eral supervision of all communicable diseases among domestic animals within, or that may be in transit through the city, and they are hereby empowered to establish quarantine against any animal thus diseased, or that has been exposed to others thus diseased, whether within or without the city, and may make such rules and regulations against the spread and for the sup- pression of such disease or diseases as in their judgment may seem necessary and proper.* Sec. 799. In the event of any communicable disease afore- said breaking out, or being reasonably suspected to exist in any part of the city, it shall be the duty of the owner or owners immediately to notify the City Board of Health, and said Board of Health to at once institute such measure for the restriction or stamping out of such disease or diseases by killing or remoy- ing such animal or animals as they may think necessary, Any person or persons above specified who shall neglect or refuse to notify said Board of Health of the existence of any communi- cable disease aforementioned shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $1 nor more than $50. Sec. 800. Any person or persons who knowingly shall import or bring into this city any animal or animals affected with pleuro- pneumonia, rinder-pest, glanders or other communicable disease, or who shall sell or trade, or offer to sell or trade, any animal or animals known to be so diseased, shall be guilty of a misde- meanor, and, upon conviction, shall be fined not less than $1 nor more than $50. 4 Section 798 passed April 26, 1894. CITY ORDINANCES. 521 BUILDING REGULATIONS. Sec. 801. No compensation shall be made to the owner of any animal killed or removed under this ordinance. ARTICLE 51. BUILDING ORDINANCE. (Passed November 25, 1902, and all amendments to March 8, 1909.) Sec. 802. Be it ordained by the Legislative Council of the City of Memphis, That there is hereby created an executive depart- ment of the municipal government of the City of Memphis, which shall be known as the Department of Buildings. See. 803. There is hereby created the office of Commissioner of Buildings, who shall be the head of said Department of Build- ings, and shall be an experienced architect, civil engineer or builder, and who shall not be engaged in any other business while acting as Commissioner of Buildings. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. He shall be elected by the City Council, on the nomination of the Mayor, on or after the passage of this ordinance, and thereafter, up to January, 1903, annually, and at the same time other municipal officials are elected by the City Council. Sec. 804. Said Commissioner of Buildings, before entering upon the duties of his office, shall execute a bond to the City of Memphis, in the sum of $10,000, with such sureties as the City Council may approve, conditioned for the faithful perform- ance of the duties of his office. The bond shall be a guarantee company bond. Sec. 805. He shall have the management and control of all matters and things pertaining to the Department of Buildings. Sec. 806. Said Commissioner of Buildings shall be an able and experienced architect, civil engineer or master builder, with No compensa- tion for dis- eased animal killed. Offiice of Commission- er of Build- ings created. Term of office. How elected. Bond. Powers. Qualifica- tions. S22 CITY ORDINANCES. BUILDING REGULATIONS. . not less than five years’ experience in his profession, and shall YH 5 : high vee fi 5 Ps ‘ woes ' qualify by examination before a. board of three, consisting of Salary. Duties. an architect, civil engineer and master builder, to be appointed by the Mayor. He shall be .charged with the enforcement of all ordinances of the City of Memphis relating to the construc- tion and. inspection, alteration or-repairs of buildings; and parts thereof. He shall make monthly reports to the Legislative Coun- cil of the transactions of his department, or oftener, if so re- quired by the Legislative Council. Sec. 807. “Said Commissioner of Buildings shall ‘receive a aa ary of $2,500 per annum, paeiale in monthly instatineere by the.city, and he shall not receive any other fees or emoluments ofiiany kind whatsoever for his services as’ such Commissioner s of Buildings and head of said. department. Sec. 808. Said Commissioner of Buildings herein provided for shall perform and discharge such duties and powers as may from Collect Fees. Issue permits. Permits required. fine to time be imposed and ene upon. him by the ordi- nances of the City of Memphis, or Dye the ‘requirements of .the Legislative Council thereof. Sec. 809. Said Commissioner of Buildings shall collect all fees, as provided for in this ordinance, and shall pay the same to the City Tax Receiver weekly, taking. the receipt of the. City Tax Receiver therefor, and shall make a monthly report, of, the said collections to the Legislative Council. ee Permits to be countersigned and entered with amount of fees by, the City Secretary in a building record. book kept in his office for that purpose. ... PERMITS. Sec. 810. No person, firm or‘ corporation shall begin ‘or con- tinue the erection, alteration, repair or removal of any building aor structure within the corporate limits of the City of Memphis, CITY ORDINANCES. 523 BUILDING REGULATIONS.’ without first having applied for and obtained. a permit so to do from the Commissioner of Buildings. Sec. 811. In all cases plans and specifications, sufficient to’ enable the Commissioner of Buildings to obtain full and com- plete information as to the character of and exact location of the work proposed to be done under the ‘permit, shall be filed with the application for permit, and if the cost of the work is to exceed $1,500, complete scale plans and specifications, showing and- descriping all parts of the construction, shall be submitted, and, upon the issuance of a permit, a true copy of said drawings and specifications, signed by the architect or owner, shall be filed with the Commissioner of Buildings’ office and remain on file there until the completion of all building operations had under said permit, when they shall be returned to ine party who filed them; such plans and muariiicacione so filed shall not be open to the inspection of others than those interested in the building or structure, and if not claimed by the proper party within two months after completion they shall be destroyed. All plans and specifications of ‘buildings of a public character shall remain on file permanently in the office of the Commissioner of Buildings. Sec. 812. If the matters mentioned in the application for a permit or the plans and specifications filed with the same indi- cate to the Commissioner of Buildings that the work to be done is not in all respects in accordance with the provisions of the city. ordinances, he shall refuse to issue a permit therefor, until the same has been made so to comply, when he shall issue the permit. The Commissioner of Buildings shall place his official seal upon all plans, etc., approved by him. Sec. 813. The Commissioner of Buildings shall, within ten days after the filing of the plans, specifications and statement, ap- prove the same or indicate in writing the alterations to be made therein to comply with the ordinance of the city: Plans and specifica- tions. To. comply with ordinance before issuing permit. Official seal. To approve plans or state reason. CITY ORDINANCES. BUILDING REGULATIONS. To file strain sheet. Temporary permit. Notice of pro- posed change in plans. Unlawful. to alter plans. Fees to be charged. Sec. 814. With the plans and specifications of all buildings or structures over two stories in height there shall be filed with the application for a permit, a strain sheet, showing the weights carried by the several supports when the building is fully loaded and the safe load said supports will sustain; all loads, weights and strains and all strengths shall be computed from the for- mule given in this ordinance. Sec. 815. Permits for clearing the ground or excavating may be issued pending the completion of the plans and specifications; for such temporary permit a fee of 50 cents shall be paid, and such permits shall terminate in thirty days from date thereof. Sec. 816. If, during the progress of the work upon any struc- ture, it is desired to deviate in any manner affecting the con- struction or strength of the same, or of their stairways, eleva- tors, fire escapes or other means of ingress or egress, from the plans and specifications upon which the permit was issued, no- tice of such proposed change must be filed in the Commissioner of Buildings’ office, and his written permit obtained therefor be- fore such alterations are made. It shall be unlawful to erase, alter or modify any lines, figures or colorings contained upon such drawings or specifications upon which the Commissioner of Buildings has issued a permit and placed the official stamp of his office. Sec. 817. The fees for building permits shall be as follows: In case the estimated cost of any proposed change, alteration, addition or erection of building, buildings or structure shall not exceed the sum of $100, the fee therefor shall be 50 cents for such permit; for over $100 and not exceeding $1,000, or a fractional part thereof, the fee shall be $1; for over $1,000 and not exceeding $1,500, or a fractional part thereof, the fee shall be $2.50; for over $1,500 up to $2,500, or fractional part thereof, the fee shall be $4.00; for $2,500 up to $5,000, inclusive, or a frac- CITY ORDINANCES. 525 BUILDING REGULATIONS. tional part thereof, the fee shall be $5.50; and for every $1,000 over $5,000, or fractional part thereof, the applicant shall pay the additional sum of 50 cents for such permit. Fees for house moving as per Sec. 185. Fee for estimating strength of floors in existing buildings, $5.00. Sec. 818. The Commissioner of Buildings may, in his dis- cretion, estimate the cost of any proposed building or structure for which a permit is applied for, and, in case of any disagree- ment relative thereto, the Commissioner of Buildings may, before the issuance of any permit, require the owner, agent, architect or builder to make an affidavit, sworn to and subscribed before a competent officer, of the actual cost of proposed building when completed. Sec. 819. The duration of all permits shall be governed by the cost of the structure; they shall not exceed a period of three months for buildings costing $5,000 or less; not exceeding four months for buildings costing between $5,000 and $10,000, and not exceeding six months for buildings costing between $10,000 and $50,000, and not exceeding twelve months for buildings cost- ing over $50,000; permits may be once renewed during the progress. of the work, free of cost, without the right to use any part of the streets. Sec. 820. Every permit shall be considered cancelled if active work is not commenced within the period of six months from the date of its issue. Sec. 821. If work upon any building shall be conducted in violation of any of the provisions of this ordinance, either as to occupation of sidewalk or street, or the use or application of material or workmanship, it shall be the duty of the Commis- sioner of Buildings to revoke the permit for the building opera- tions in connection with which such violation shall have taken Commissioner may esti- mate cost of building, Duration of permits. Permits can- celled—when. May revoke permit. 526 CITY ORDINANCES. BUILDING REGULATIONS. Contractor to furnish bond. place. And it shall be unlawful, after the revocation of such permit, to proceed with such building operations, unless such permit shall first have been reinstated or reissued by the Com- missioner of Buildings. Before a permit revoked for the cause or causes before mentioned can be lawfully reissued or reinstated, the entire building and building site must be first put into con- dition corresponding with the terms of this ordinance, and any work or material applied to the same in violation of the feoma of this ordinance shall be first removed from said building. The revocation of a permit shall be in writing, and shall be served on the owner, or his agent, or on the tenants, or any one doing any of the work. Sec. 822. Every general contractor and subcontractor or owner shall annually, before engaging in the alteration, repairs, construction or erection of any building or structure, furnish and file with the Commissioner of Buildings an approved in- demnifying bond, with good and sufficient sureties, in the sum of $1,000, conditioned that the said party will indemnify and protect, the City of Memphis against any and all loss or damage to the streets, alleys or other public property; also said party will save, indemnify and protect the City of Memphis against all costs and expenses a hick may in any wise accrue against said city in consequence of the operations covered by any permit that may be issued by the Commissioner of Buildings, and that said party will, in all respects, comply with this ordinance; provided, no bond shall be required where the amount of money necessary 1o be expended does not exceed $300.1 Each such bond shall cover all building operations by said party for a period of one year from the date of the bond. 1.The clause ‘‘Provided no bond shall be required,’’ etc., amendment Sep- tember 10, 1908. is CITY ORDINANCES. 527 BUILDING REGULATIONS. Sec. 823. The Commissioner of Buildings, and his assistants, may, as far as necessary for the performance of their duties, enter any building or premises within the corporate limits of the City of Memphis, and proper and safe facilities for inspection shall be furnished. Sec. 824. In the absence of the Commissioner of Buildings, one of the assistants may be designated by him to act in his place, and when so designated the assistant shall exercise all the powers and duties of the Commissioner of Buildings. Sec. 825. No building, partition or structure shall be covered in by lathing, plastering, sheathing or otherwise until the Com- missioner of Buildings has by examination ascertained that the said building, partition or structure has been built. in compli- ance with the provisions of this article. The Commissioner of Buildings shall be notified by the owner, or his duly authorized agent, or by the builder, whenever any building is ready for inspection. And no building, partition or structure shall be covered in by lathing, plastering; sheathing or otherwise until such inspection is made and the’ Commissioner of Buildings has issued a certificate to the effect that the said building, partition or structure has been built in compliance with the provisions of this ordinance. Sec. 826. No building shall be materially altered, or any of the conditions changed, until full and detailed plans and specifi- cations shall be filed in the Commissioner of Buildings’ office, and the building examined by him and found to be in safe con- dition to be.altered as proposed; and the building so altered shall conform to the requirements of this ordinance. Sec. 827. Frame buildings within the inner fire district may be repaired to an extent not exceeding 10 per cent. of the value of the building; said repairs to be made to the entire satisfac- e tion of the Commissioner of Buildings. Inspect build- ings—when., Assistant Com- missioner, To notify Commissioner when building is ready for inspection. Alterations in buildings. 528 CITY ORDINANCES. BUILDING REGULATIONS. Building com- mittee—power to act. To keep build- ings in repair. Bathroom and water closet additions to frame buildings now in the inner fire district may be built; but said additions must be constructed according to the size and conditions as prescribed by the Commissioner of Buildings. Where frame buildings exist in the inner fire district, yard closets may be built of wood set on 9x12 brick piers; such yard closets to have metal roofs, and the wooden part of the same to be built to the entire satisfaction of the Commissioner of Buildings; said yard closets to be not less than 4x5 feet out- side measurement, and 7 feet high, and to be painted with not less than two coats of paint.’ Old brick may be used in construction work, provided they are strictly sound, whole and hard.’ Sec. 828. When there is dissatisfaction with the action of the Building Commissioner on the part of any one who has applied to said Commissioner for permission to alter or make repairs on any building already constructed, the party applying to said commissioner and dissatisfied may, by petition, appeal to the Committee on Public Lands and Buildings of the Legis- lative Council, which committee shall have power to act in the premises, and whose action shall be final.’ Sec. 829. The owner, agents or occupants having the care of buildings shall keep them in repair, and, when so notified by the Commissioner of Buildings, shall make needed repairs and shall point up and fill with mortar or cement all cracks, splits, fissures or loose materials and other defects in the walls or sup- — ports, to enable the Commissioner of Buildings and others to judge of changing conditions should they occur in any part of any such building. 1 Section 827 passed April 22, 1903. 2 Section 828 passed September 10, 1908. CITY ORDINANCES. 529 BUILDING REGULATIONS. See. 830. In the event of the discontinuance of building opera- tions for a period of thirty days or more, the Commissioner of Buildings shall have authority to order the removal of all ma- terial and obstructions, and the reconstruction of sidewalks, streets and alleys in such a manner as he shall approve. See. 831. Whenever in the opinion of the Commissioner ot Buildings any building, or part thereof, or any structure, is in a condition dangerous to the occupants or those passing, by reason of bad condition of walls, overloaded floors, defective heating apparatus, vibrations from machinery, defective flues, confined or cramped stairways, insufficient exits, narrow or dark passageways, or from other like causes, said buildings, struc- tures, or parts thereof, shall be deemed to be a public nuisance, and: the Commissioner of Buildings may, at any time, require the owner, agent or occupant of any such building or structure to make such repairs or take such steps as in his opinion may be necessary for the public safety. See. 832. In case the owner, agent or occupant of any dan- gerous building or structure shall fail or refuse to make such repairs within three days after the service of any notice so to do by the Commissioner of Buildings, he, with the approval of the Legislative Council, may enter upon the premises and em- ploy such labor and purchase such materials as in his judgment may be necessary to make any such building or structure safe, or prevent tne same from becoming unsafe or dangerous; or he may, with the approval of the Legislative Council, demolish any such building or structure. Any party doing the work, or any part thereof, or furnishing any materials therefor, under and by direction of the Legislative Council, may bring and maintain an action against the said owner in the same manner as if he or they had been employed to do the said work, or furnish said materials by the owner or agent of the said building or struc- Order material off sidewalks, etc. Dangerous buildings. Commissioner to make dan- gerous build- ings safe. be 530 CITY ORDINANCES. BUILDING BREGULATIONS. Buildings damaged by fire. Extent of damage to be determined by surveyor. ture. And the Commissioner of Buildings, by and with, the approval of the Legislative Council, may remove all occupants of any dangerous building and prevent the same from being occupied until the same has been made safe and secure. Sec. 833. Every wooden or frame building with a brick or cther front which may hereafter be damaged by fire, or other- wise, to an amount not greater than one-half of its value, may be repaired or rebuilt; but if such damage shall amount to: more than one-half of such value thereof, exclusive of the ‘foun- dation, then such building shall not be repaired or rebuilt, but. ; must be taken down. The amount and extent of such damage by fire or otherwise shall be determined by one surveyor, appointed by the Commis- sioner of Buildings, and one surveyor appointed by the owner or owners of said premises, and, in case these two do not agree, they shall appoint a third party, and a decision of a majority of them, reduced to writing and sworn to, shall be conclusive. Such building shall in no manner be repaired or rebuilt until after such decision shall have been rendered, and, in “ease of ’ yefusal of the owner to submit to such appraisal, no permit. May appeal to arbitration— when. shall be granted. Sec. 834. In cases where discretionary power to estimate. the: damage to buildings and their roofs is given the Commissioner. of Buildings, as also in question relating to the security Orns security of buildings or parts thereof, and in all cases. where discretionary powers are by this ordinance given to the Commis- sioner of Buildings, an appeal to arbitration shall be allowed to parties believing themselves injured or wronged by the deci- sions of the Commissioner of Buildings | as follows, to-wit: The person wishing to make such appeal shall do so. within forty-eight hours after written notice of the decision or, order of the Commissioner of Buildings has been given. hid -An. CITY ORDINANCES. 531 : ste Pet a BUILDING REGULATIONS. appeal made later than forty-eight hours after serving of the notice of the Commissioner of Buildings shall not entitle the appellant to arbitration. The request for arbitration shall be in writing, and shall state the name of person who is to represent the appellant in said arbitration. The Commissioner of Buildings shall thereupon state to the appellant the probable cost of such arbitration, and such appellant shall, within twenty-four hours from the time for filing the original request for arbitraticn, deposit with the Com- missioner of Buildings a proper bond, or sum of money suffi- cient for the payment of the costs of such arbitration. AS ‘soon as such bond or sum of money shall have been de- posited, the Commissionér of Buildings shall appoint -the arbi- trator to represent the city, and the two arbitrators thus ap- pointed shall select a third, and these three arbitrators shall, after investigating the matter in question, make a decision with re- gard to the same, which shall be final and binding upon the appellant, as well as upon the city. The. arbitrators, shall be themselves placed under oath to the effect that they will faithfully discharge the duties of their Soci ion: They shall have power to call witnesses and place them under eath, and their decision or award shall be rendered in writing, both to the Commissioner of Buildings and to the appellant. The amount to be allowed to each arbitrator is not to exceed $2 per hour. The costs of such arbitration are to be paid by the city if the appeal is sustained; by the appellant if it is not sustained. Persons desiring to introduce materials, appliances and pro- cesses Of building, the use of which is not recognized ‘in this ordinance, or improvements in the use of materials and pro- cesses or appliances mentioned herein, shall also have the right Power of arbitrators. Introduction of materials not provided for. 532 CITY ORDINANCES. BUILDING REGULATIONS. Definitions. to cause their demands to be referred to courts of arbitration. under the same terms as those hereinbefore provided. DEFINITIONS. Sec. 835. In this ordinance the following terms shall have the: meaning herein respectively assigned to them, viz.: 1. Alteration—Any change or addition in, to or upon any building, affecting any external walls, party walls, bearing walls, partition walls, chimneys, flues, floors, stairways or supporting construction of any kind; and “to alter” means to make such. change or addition. 2. Repairs—The construction or renewal of any existing part. of a building, or of its fixtures or appurtenances, by which. its strength or fire risk is not affected, nor modified, and not. made, in the opinion of the Commissioner of Buildings, for the: purpose of converting the building, in part or in whole, into a new one. 3. Areas—Subsurface excavations adjacent to the building for the purpose of lighting and ventilating cellars or basements, and shall not exceed three feet in the clear from the house line or street sidewalks. 4. Foundation, Basement or Cellar Walls—That part of the walls or piers of a building that are below the floor or joists. which are at or next above the grade line. 5. Grade—In referring to a street means the top of the street curbing on such streets where grades have been estab-- lished by the city. Where no grade has been established, the existing grade at the building line is to be taken. 6. Foundation—That part of the walls or supports of a build- ing that are below the floor or beams, which are at or next above: the grade line. CITY ORDINANCES. 533 BUILDING REGULATIONS.- 7. Footing—Projecting course or courses under base of foun- Definitions. aation walls or piers, etc. 8. Depth of Foundations—The depth of foundation of any building shall be measured in each case from the level of the top of the curbing directly opposite said foundations. 9. Height of Stories—The perpendicular distance from the top of the floor joist or beams to the corresponding point in the next story. 10. Height of Structures—The perpendicular distance of the highest point of the roof above the grade; if erected on the street line the city curb is to be taken as the grade. 11. Building Line—The line of demarkation between public and private space. 12. Thickness of Wall—The minimum thickness of such wall. 13. Curtain Wall—The inclosing wall between piers and but- tresses, steel or other supports. 14. Bearing Walls, Division Walls—Those walls upon which the joists, beams, trusses or girders rest. 15. Partition Walls—Any interior wall other than party walls, or bearing walls and sustaining no loads. 16. External Walls—Every outer or vertical inclosure of a building other than a party wall. 17. Party Wall—(a) > 3 sy } : : he) a a fo) ar No. of Stories. = = wn Pr 2 Pan Rare ae = ® ta = ie E mM ei © _ ba 59) _ ® =| jo) ; Fy nN G cs yin BUGS eS aay ae hat? 9 | | PCPA VOL. Sad 06 ohc5d cg a bo > oe 17 3 a fe MeL SLOLY | ash dss lala se Gee's ts 21 Le 3 3 los Te ONS ea ale oun pe a a 21 LZ Le yg fd BY Provided, that dwellings and private stables may have thirteen- inch walls in the basement and nine-inch walls on the second story; and provided further, that no nine-inch wall shall haye walls. External walls. 560 CITY ORDINANCES. BUILDING REGULATIONS. Party walls. a greater length than forty feet, or greater height than twelve feet, when so used without cross walls or proper return angles to stiffen said walls. Party walls in buildings not exceeding four stories high, of Class II to be four inches thicker than indicated by Table No. 3. Sec. 894. If buildings are made fire-proof entirely and have skeleton construction so designed that their inclosing walls do not carry the weight of the floors or roof, but are themselves supported by the foundation and properly anchored to metal framework, the walls may be the thickness called for in Table No. 4. TABLE NO. 4: Thickness of Walls in Inches. > na) wl > > | >|B/ 215 >| pi S| BIB PIS |S No. of Stories. B/Slalisinisis iV alsie|o|2@ ® | <7 wm || Ni! \.q <2 so} si 2 ~ | 4 qd|+ AlolialivlS| al alslizialal| sls MViHlol a HIS iSldlalelelisis B(H) || o(41 415] iS Slate o m | om | OD an) RQ) eh) nin AZ ele | | | Fe eee OHO wean ae os oe pec aes felis ios 13/13 | eaten TWO S orn iceoy tis ere meee 17}13} 13; eet Meher h | Three sient eet ern 17|13)13]13] | eb) ee POUr Ae ieee a pete Gees 21/17)13!13/13 | oc] S30 aa ae HiV@.. co ao ee Oy eee a 21)17|13}13)13/13; | | PN BIA wss coetenuser see eananens 25/17|17|13/13/13/13] | | ole SCV6N «2c cee ee ce eine se ees (oO (LiL GIL 13) 151315) Hight Uie aap eee ee 29)21)17/17)17)13}13)13/13] |- | | NID sich Pe oe eaten 29|21)21)17/17/17/13/13}13/13]} | | Ten Coe Ree ner eer ee 29/21|21]21/17/17/17|13/13]13/13} | Hlevenw 4 gc en ee aoe 33|25|21)21/21]17|17/17|13]13/13]13| Twelve. co bneeer eo eee |33/25|25!21)21/21/17/17|17|18]13|13/13 Pevame ree nea re ies ned | oe In Tables Nos. 2, 3 and 4, a thirteen-inch wall means one and one-half brick thick, and for each four-inch increase in thickness means a half brick added. CITY ORDINANCES. 561 BUILDING REGULATIONS. See. 895. All changes in the thickness of walls shall be at the top of the joists, and not otherwise, and that portion of the walls above the ceiling joists shall be of the same thickness as given for the upper story, and when the external or party walls pass more than four feet above the last joists it shall be classed as a full story. Sec. 896. All interior walls supporting joists shall be carried up to the top of said joists and plastered flush with the top of the joists, unless the same are the ceiling joists, which in all flat-roofed buildings and in all buildings of Class I and IV, the walls shall be carried to the top of the roof joists, leaving no openings in the attic, unless said openings are covered with iron doors, and said doors closed at all times when not. in actual use. Sec. 897. In no case shall the front or side walls of a building be carried up more than ten feet in advance of the other walls, unless by permission of the Commissioner of Buildings, in which case iron anchors shall be built into all angles and joinings. Sec. 898. The front, rear and side walls shall be properly bonded together, or anchored to each other every five feet in height, by suitable wrought iron anchors at the corners. Sec. 899. The external and party walls of all buildings with flat roofs shall be carried at least thirty-six inches above the roof and coped with stone, cement, iron or terra cotta, except such walls as are finished with a gutter or cornice, when the walls shall extend to the under side of the roof boards. All parapet or fire walls extending over four times their thickness above the roof timbers shall be securely braced with iron braces, each twelve feet in length of wall. Changes in thickness of walls. Interior walls. Side walls. Party walls. Fire walls. 562 - CITY ORDINANCES. BUILDING REGULATIONS. Opening in party wall. Recess for pipes cut into wall. Sand in mortar. Salmon brick. Sec. 900. It shall be unlawful to cut or leave any opening in any division or party wall above the first story, except as herein provided; all such openings to be approved by the Commissioner of Buildings, and a permit issued therefor. Every opening lett in or cut through a division or party wall shall be closed with jron or metal-covered doors, hung on each side of the wall: to iron or metal-covered frames, or to.iron hinges bolted through the wall; all such doors shall be self-closing, and held open only by a cord that will readily burn and allow the doors to close. No such opening shall be more than ten feet in height or width, and all such openings shall be closed at the end of each day’s business and not opened until the next business day. Sec. 901. No recess for pipes, ducts or other purposes shall be cut into any wall more than one-third the thickness of the wall, and then only in vertical lines, and no recessing or cutting shall be done in any nine-inch wall, nor nearer than six feet of any outer angle; horizontal recessing is unlawful. All recess- ing or openings in walls shall be filled in solid around pipes Or ducts, from twelve inches below to twelve inches above the joist with cement; all recesses to be plastered with cement. Sec. 902. All brick laid in non-freezing weather shall be wet immediately before. being laid. The sand used for mortar in all buildings shall be clean, sharp and coarse sand, to be well washed and free from loam or other voids. Sec. 903. No salmon brick shall be used in any building where exposed to the weather, or in piers, nor in any part of any wall where there is unusual weight, or where there is more than thirty-five feet of wall above them; and in no case shall more than 15 per cent. of salmon brick be used, and no old brick shall be used in buildings of Classes I, II and IV. No chimneys to be built of old brick in any building. CITY ORDINANCES. 563 BUILDING REGULATIONS. Sec. 904. The walls, piers, buttresses and other portions in all buildings shall be properly bonded and solidly put together with close joints filled with mortar; they shall be built to a line, and carried up plumb, straight and true from bottom to top. See. 905. All brick walls and piers shall be built with headed courses at least every fifth course, the headers slapped over each other and going through the wall, except where face brick are used. Press brick facing must be bonded to backing at least once in every five courses by solid header or clipped corners for blind headers.’ Pressed brick facings must be bonded to the backing at ieast once in every five courses by solid headers or galvanized iron wall ties; the clipping of corners for blind headers is prv- “hibited. Sec. 906. Walls may be built with a facing of. stone, terra cotta or other suitable materials securely tied to a backing not less than nine inches of hard-burned brick laid in proper manner, but the thickness of backing shall not be less than required for brick walls of the same height. Sec. 907. No wall of brick or stone shall be supported in ‘whole or in part by wooden posts or girders. Sec. 908. Walls heretofore built for and used as party walls, whose thickness at the time of their erection was in accordance with the then existing laws, may be used if in good condition Walls bonded. Brick walls. Brick facing. Stone facing. Wall support. Party walls heretofore built, for the ordinary uses of party walls; provided their height is not — increased or the load placed thereon comes within the limit of safety. Sec. 909. Four and six-inch hollow tile partitions of hard- burned clay, or porous terra cotta, may be built not exceeding 1 Section 905, paragraph 2, amendment January 5, 1902. Hollow tile partitions. 564 CITY ORDINANCES. BUILDING REGULATIONS. Openings for doors, ete. Ends of girders, ete. Walls of light and elevator shafts. fourteen and sixteen feet in height, respectively, and in their horizontal measurements forty feet between cross walls, piers or buttresses, but such partitions shall not be used for bearing walls. All such partitions are to be solidly put together in lime or cement mortar, and carried upon proper beams or girders; when only one story in height they may rest upon wooden beams or girders; to have iron stiffeners. Sec. 910. All openings for doors, windows and the like, all walls of masonry, shall have good and sufficient arches with sufficient abutments, or shall have lintels of stone or iron, of sufficient strength. All arches not having sufficient piers or abut- ments to resist the thrust of the arch when loaded shall have proper tie rods to prevent the arch from spreading the walls; low flat arches shall not be used unless over iron or stone lintels. All wooden lintels used in walls, where the opening will permit, shall have the upper side cambered and shall have two or more rows of rock arch over them. No wood or combustible materials shall be used in any stone or brick wall, except cambered lintels for arch forms. Sec. 911. The ends of all girders, lintels, beams, trusses, posts or other supports shall rest on hard flat stone or iron plate, of sufficient size as will spread the weight over sufficient super- ficial surface that the stress upon the masonry or the earth shall not exceed the safe limit hereinafter mentioned and pro- vided for in Table No. 5 and Section 879. Sec. 912. The inclosing walls of light and elevator shafts shall in all cases be built entirely of incombustible materials. The use of hollow tile or terra cotta for walls of light or elevator shafts is permitted, but such inclosing walls shall be firmly anchored to the timber or iron framing of each floor. Where the walls of light or elevator shafts begin at any point above the CITY ORDINANCES. 565 BUILDING REGULATIONS. foundation of the building, their means of support shall consist entirely of fire-proof materials. Sec. 913. Walls built of rubble stone work shall not have a less thickness than four inches thicker than shown in Tables Nos. 1, 2 and 3. Walls built of dimension stone equal to Oolitic limestone, may be of the same thickness as shown in Tables Nos. 1, 2 and 3, when that thickness exceeds seventeen inches. Sec. 914. All stone walls twenty-four inches or less in thick- ness shall have at least one header extending through the wall in every five feet in length of the wall and every three feet in height; all walls over twenty-four inches in thickness shall have the same number of headers running into the wall two- thirds of the thickness of the wall, to be lapped with headers from the opposite side of the wall. All headers shall not be less than twelve inches in width, and not less than six inches in thickness; and all stone built into any wall shall be laid on the natural bed. Sec. 915. All piers, buttresses or pilasters that carry two-thirds of their safe load and are less than five feet on any side shall have cast-iron plates or bond stones every four feet in height, the bond stones shall be not less than six inches in thickness, and the full size of the pier buttress or pilaster; and all such piers, buttresses and pilasters shall be capped with a stone or iron cap. Sec. 916. No pier of masonry which carries one-half of its safe load shall exceed in height more than six times its least horizontal dimension, nor shall any such pier, buttress or pilaster be built in freezing weather. All brick laid in such members shall be push-placed, or grouted at each course. Rubble stone work, Dimension stone, Stone walls. Piers, ete. 566 CITY ORDINANCES. BUILDING REGULATIONS. Chimneys or flues. Flues. Sec. 917. Chimneys or flues in all buildings over one story in height shall have the walls at least nine inches thick, unless lined their entire height with tile or cast-iron flue linings, in which case the walls outside of the linings may be. reduced to four inches except as hereafter provided. Stone flues shall have walls not less than nine inches thick, in addition to the tile linings. The inner side of all flues not lined shall be plastered smooth from bottom to top. All brick laid in any flue shall be push-placed. All flues cut or placed in old work in buildings of Classes I, II and IV shall have the slot plastered from bottom to top, to be lined the full length with cast-iron or terra cotta flue linings, which are to be enclosed with brick work having angle iron at the corners, to be well bonded and anchored to the old work, with iron anchors every ten feet in height. No smoke fiues to be less than 8x8 inches in size. In buildings of Class III flues and chimneys may be built with four-inch inclosing walls, plastered on all external surface where same may come within two inches of any wood, and in no case shall any framing be less than two inches from the inclosing wall of such flues. In no Gee shall any flues or chimneys be supported by wooden or frame construction. Sec. 918. No flue shall be corbelled from any wall more than one-half the thickness of the wall, nor shall any chimney or flue rest upon any wood construction. No chimney shall be built nearer than six feet of any outer angle of any building, unless the outer wall of such flue is not less than thirteen inches in thickness. No chimney shall be drawn to one side more than one-third of its size, unless supported on metal, or incombustible frame work, approved by the Commissioner of Buildings. Sec. 919. No wood furring shall be placed against any flue or around any chimney or fireplace, nor shall any wood work Poe CITY ORDINANCES. 567 BUILDING REGULATIONS. be placed within eight inches of any chimney or flue, except the base or waincoting outside of the plastering. Sec. 920. Smoke flues with an area greater than 169 square inches and less than 500 square inches, shall have walls not less than nine inches thick, and the top of such flues shall extend at least five feet above the highest window opening of any build- ing within fifty feet of such chimney. Sec. 921. Smoke flues of a greater area than 500 square inches shall have hollow walls in which there shall not be less than sixteen inches of brick work and four. inches of hollow space between the walls. The iop of such flues shall extend to the height of not less than twenty feet above the highest window opening into any building within sixty feet of such chimney. From a distance of two feet below the smoke inlet to a distance of twenty feet above the same, chimneys having a greater area than 169 square inches shall be lined with Are brick laid in clay. Sec. 922. No furnace, range, boiler or other heating apparatus Furnace, range having a grate surface of more than 100 square inches shall Peas _. be set in any building, or its location changed without a permit from the Commissioner of Buildings, and no such apparatus shall have the smoke pipe therefrom enter any flue having the walls less than nine inches thick. Sec. 923. All unsafe or dangerous flues and chimneys must be made safe within three (3) days after notice from the Commissioner of Buildings, and: not used until repaired. . Sec. 924. All flues in party walls must be located at least four inches from the center lines of said walls. Flues cut into existing party walls must be kept at least four inches from the center lines of such walls and be lined with either cast-iron or tile flue linings their entire height, to be 568 CITY ORDINANCES. PUILDING REGULATIONS. Chimney foun dation and height. Smokestacks. Fire place, cased with not less than nine inches of masonry well bonded and anchored into the old walls. Sec. 925. The foundations of chimneys, whether inside or outside of buildings, or whether connected with the same or isolated, shall be designed and built in conformity with the provisions relating to foundations of buildings herein given. Sec. 926. All chimneys shall be built to a height of not less than four feet above the roof adjoining; if such roof is a flat roof, and not less than eighteen inches above the ridge, if the roof is a pitch roof, and the chimney is within twelve feet of the ridge. All chimneys rising more than five times their least horizontal dimensions shall be securely braced with iron anchors; when the short sides of flues have nine-inch walls they may rise seven times their least side without bracing. Sec. 927. No smokestack or chimney in connection with any laundry, factory, manufactory or other like establishment where power is used exceeding twenty-horse power, shall hereafter be erected of less height than twenty feet above all buildings within a radius of 300 feet unless with the written consent of the owners of such buildings, nor shall any steam boiler or boilers be set up or installed in any part of the inner or middle fire district of the city without the written consent of two-thirds of the prop- erty owners within a radius of 400 feet, except for running © elevators, electric plants, heating or pumps, situated within the building where the boilers are located. Sec. 928. No fireplace shall be built with less than a nine- inch brick wall at the back. All fire-place breasts are to be built full dimensions up to the top of ceiling joists; no flue stem from any fire-place shall start below ceilings. CITY ORDINANCES. 569 BUILDING REGULATIONS. | Brick, tile or concrete trimmer arches shall be turned for all hearths. All brick or tile trimmer arches shall not be less than four inches thick, started from proper skewbacks, to have the wood centering removed before plastering the ceiling underneath. Con- crete filling to be used over ,all trimmer arches to level up for hearths. Headers for hearths to be not less than twenty-four inches wide. The use of sand boxes under hearths is prohibited. Brick hearths are prohibited. Sec. 929. Metallic smoke pipes shall not be used inside of any Hearths. © Smoke pipes. building in such a manner as to pass through floors, wood par- © titions or roofs. Sec. 930. Metallic smoke pipes shall be kept away from all wood work by at least the diameter of the pipe, and the wood work protected by a metal shield fixed at a distance of one- fourth the diameter of the pipe; such shields must extend on each side and be of a width equal to three times the diameter of the smoke pipe. Sec. 931. No smoke pipe from any stove, range or. heating apparatus shall be projected’ through any external wall of any building without the written approval of the Commissioner of Buildings. Sec. 932. All receptacles for ashes shall be built on all sides, top and bottom of brick, stone or other incombustible materials, with walls not less than eight inches thick, with proper iron doors, the doors to be kept in repair and closed when not being used to empty sand pits. No receptacle for ashes shall ever be allowed to overflow or be so constructed that the ashes will be blown about by the wind. When ash cans are used they must Receptacles: for ashes. e 570 CITY ORDINANCES. BUILDING REGULATIONS. Cast-iron. Jron columns. have double bottoms with a space of at least two inches between the covers secured with iron hinges and the cans at all times be in proper repair, the lid to be closed when not being filled or emptied. No ashes or combustible material shall be kept in any building or place within the city in an insecure manner. Sec. 933. Cast-iron subject to crushing strain only, as in plates, may be loaded to the extent of 15,000 pounds per square inch | when not less than one inch in thickness. Compression strain on cast-iron shall not exceed 13,000 pounds per square inch. Tensile strain on cast-iron shall not exceed 3,000 pounds per - Square inch. Cast iron used for pillars shall be proportioned in accordance with the following formula: FOR ROUND CAST-IRON COLUMNS. 12 S equals 12,000 A, divided by 1, + — 600 D* S equals safe load in pounds. L equals length of column in inches. A equals sectional area of column in square inches. D equals diameter of column in inches. For Rectangular Cast-Iron Columns: 12,000 A S equals ibe to $50:-D* S equals safe load in pounds. L equals length of column in inches. A equals sectional area of the column in square inches. D equals the least side of the rectangular column. CITY ORDINANCES. AE BUILDING REGULATIONS. Sec. 934. The minimum thickness of metal in cast-iron os columns shall not be less than three-fourths inch, and no- cast- iron column shall exceed in height thirty times its least hori- zontal dimension. All cast-iron columns shall have their ends turned true and at right angles with their axis. When such columns are used in tiers one above another their ends shall be bolted together. Sec. 935. Cast-iron columns shall be thoroughly tested and Inspection. inspected before being placed in position, and if they are to support a wall more than thirty feet in height, or more than three stories, they shall be drilled into not less than two holes in the length, one on the upper surface, and one on the lower surface as cast; such columns if found to be less than five-eighths inch thick in any place shall not be used; the strength shall be computed from the least thickness as found by the test holes. Sec. 936. All steel or wrought-iron work shall be so pro- Steel or. wrought iron. portioned that the maximum fiber strain will not exceed 16,000 pounds for steel or 12,000 for wrought-iron, per square inch. Sec. 937. Plate girders shall be designated and constructed of a strength at least equal to those developed by the following: FORMULA FOR PLATE GIPDERS. Max. bending moment Banat foot lbs. Plate girders. Flange area equals— CD D equals distance between centers of gravity of flanges in feet. C equals 12,500 for steel; 10,000 for iron. Maximum shear. Web area equals s—— C C equals 10,000 for steel; 8,000 for iron. o72 CITY ORDINANCES. BUILDING REGULATIONS. Strain. Sec. 938. The maximum strain per square inch of rivet area (single shear) shall not exceed as required by Table No. 6. TABLE NO. 6. Steel Tron Lbs. Lbs. For ishop-driven rivets occ. 27.5 ol eee Cee 9,000 7,500 Mor: field-driven rivets 4.2 6c See eo eee 7,500 6,000 Maximum shearing strain in webs ............... 7,000 6,000 Direct Dearing 5 ee oie a ee 15,000 15,000 Sec. 9389. The maximum load allowed upon riveted columns shall not exceed those determined by the following formula: For riveted or other forms of wrought-iron columns more than 90 R in length: L S equals 10,600—30— R S equals safe load in pounds per square inch. L equals length of column in inches. R equals least radius of gyration of column in inches. For riveted forms of wrought-iron columns less than 90 R in length: S equals 8,000. S equals safe load in pounds per square inch. For riveted or other forms of steel columns more than 90 R in length: L S equals 17,100—57— R S equals safe load in pounds per square inch. L equals length of column in inches. KR equals least radius of gyration of column in inches. For riveted and other steel columns less than 90 R in length: . S equals 12,000. S equals safe load in pounds per square inch. CITY ORDINANCES. 573 , BUILD EN @ nba Ariins. Sec. 940. No wrought-iron or rolled steel columns ‘trail have an unsupported length of more than forty times its Teast! lateral dimensions or diameter, nor shall its metal be less than one- fourth yee se EF Sh inch in thickness. Cres Sec. 941. With regard to connection of all structural iron or steel work upon buildings erected in the City of Memphis, such work shall hereafter be in conformity with the practice of the Carnegie, Trenton, Phoenix, Pencoyd, Jones & McLaughlin or other first-class rolling mills, as published in their standard book and sheets, and approved by the Commissioner of Buildings. Sec. 942. When wooden pillars are used the maximum load Saree to which they are to be subjected shall never exceed those de- termined by the following formuia, S representing the maximum load as intended to be fixed by this ordinance. For wooden pillars where the length is not more than twelve times the least thickness: AC S equals E equals safe load in pounds. A equals sectional area of post in square inches. C equals: 4,000 for long-leafed yellow pine. 3,200 for oak or short-leafed pine. 2,800 for white pine, spruce or cypress. For wooden pillars where the length is more than twelve times the least side or thickness: L | S equals X—Y B S equals safe load in pounds per square inch. L equals length of post in inches. 574 CITY ORDINANCES. BUILDING, REGULATIONS. Wooden columns. Load- on girders. ‘ir B equals “breadth or least side, or diameter of round post. er X equals 1000, <¥ equals 10, ¢ for Jony-leaf yellow pine. X equals 800, Y equals 8, for oak or short-leafed pine. X equals 700, Y equals 7, for white pine, spruce or cypress. Sec. 943. Wooden columns, supporting girders, when erected in tiers one above another, shall have steel or cast-iron caps and brackets, and the columns in the upper stories shall rest on the cap of the column below and never on the girder. Sec. 944. The ultimate load to which timber used for girders, joists or beams may be subjected shall not exceed those de- termined by the following formula, to-wit: CBD’ S equals L S equals safe load in pounds. B equals breadth of beam in inches. D equals depth of beam in inches. L equals length of beam in feet. C equals: 200 for long-leaf pine. 160 for oak and short-leafed pine. 140 for white pine and cypress. Sec. 945. The contents given in all the foregoing formule are based on the use of materials and workmanship of the best of their respective kinds and all timber thoroughly seasoned. CITY ORDINANCES. ive BUILDING REGULATIONS. See. 946. All formule herein given for determining the load permitted upon girders of any kind are for girders supported at each end and uniformly loaded over their entire length. The formule for column loads are for columns concentrically loaded. See. 947. The calculations for the allowance which must be made for other forms of loading shall be based upon the above formule and constants and the rules of the best engineering practice; subject to the approval of the Commissioner of Build- ings. Sec. 948. For the purpose of computing the weight upon floors, walls, piers, columns and other supports the following shall be taken as the weight of materials, viz: TABLE NO. 7. muiennere1O0l, DOATA Measure, dry...) coe. cee ee oe 3 lbs. Lumber, per foot, board measure, green ............... 6 Ibs. Loam, are sand, green plaster, etc., per cubic foot ...... 120 Ibs. Price work, common; soit, per cubic foot ..........65. 120 lbs. piece owork. common, hard, per cubic foot ............ 130 Ibs. Mermreeeotn in mortar, per cubic. foot. ..........5 262k. ec a. 100 lbs. SE me ECUDIO. TOOL bi as. evsee eis, vac ee Reese, f ivnr erodes tibia aces 160 Ibs. Rememrnr Dies per cubic: f00U %s bs ol are Sk Bele we ele 180 lbs. Slating per square 100 feet .............. he had es 600 lbs. Lath and plaster one side, per square foot .............. 10 Ibs. Seno VOL and 2TaAVel TOOL. ..< vn. es cee cen daw eas ee jel ay ays All other materials as given in best engineering works. Sec. 949. The floors of all buildings shall be constructed in such a manner as to be capable of bearing in all parts in addition to the weight of the partitions, permanent fixtures and mechanism that may be set upon them, and in addition to the weight of the material of which such floors are constructed, a live load for every square foot of floor surface as follows: Computing weight on floors, walls, etc. Floors. 576 CITY ORDINANCES. BUILDING REGULATIONS. TABLE NO. 8. ‘Dwellings, tenements and flats ...... Rees, EE SRE oa ieee ‘Hotels, lodging houses, schools with fixed desks ene 50 lbs. Stress on posts, ete. Walls re- quired for ° brick, stone or iron buildings. Office buildings (except the halls, corridors and lobbies). 70 lbs. Churches, theaters, halls with fixed seats ............... 100 Ibs. Dancing rooms, corridors and all public lobbies ......... "120 lbs. Drill T,OOnis: =... seat ee ie o Woseice Ile. 6B, leveland'@ coceith scone ee arr -,..150 Ibs. Floors of. warehouses. and factories and storehouses shall be proportioned to the load they are intended to carry, provided that. all floors shall be constructed to support not less than 150 pounds for every square foot of floor space area. Sec. 950. Every column post, pier footing and other vertical support shall be of sufficient strength to bear safely the weight of the portion of each and every floor and roof depending upon it for support, in addition to the weight required above; provided that in determining the stress on. posts, columns, piers: and foot- ings in buildings of more than. three stories in height, that are used for dwellings, lodging or offices, the live load may be reduced on the floor next to the top 5 per cent., in the next lower 10 per cent., in the next lower 15 per cent., in the next lower 20 per cent., and so on to and including the. second floor, but the full load of the first floor shall be included in computing the weights in supports below said first floor. Sec. 951. Every brick, stone or iron building hereafter erected more than twenty-five feet in width, except. devel not exceeding. three stories in height, and tenement howeee not exceeding two stories in height, shall have brick or stone par- tition walls, or girders, supported on columns so located that the distance between and two partition walls or girders, or between said walls and girders and the external walls, shall not exceed twenty-four feet; and meee wooden columns or girders .are used the sectional area of such posts shall not be CITY ORDINANCES. 577. BUILDING REGULATIONS. less than 8x8 and for girders 8x10 inches, and the columns shall be spaced to conform with the formula herein contained. Sec. 952. It shall be the duty of the owner of every building Placard of load per of Class I, already constructed, or hereafter to be constructed, or dare inch. the occupant or agent of the same, to affix and display con- spicuously on each floor of such buildings a placard, to be pre- pared by a competent architect, showing the load per square foot of the floor surface which may with safety be applied to that particular floor, or the strength of the different parts_of the same floor, where such strength varies. It shall be unlawful to load any such floor, or any part thereof, to a greater extent than the load indicated on such placards. It shall be the duty of the occupant of the building to maintain such placards during their occupancy of the premises and the owners shall see such placards properly affixed, with such change of occupants. These placards shall be verified and approved by the Commissioner of Buildings before they are affixed upon the several floors, and they shall be recalculated, verified and approved every five years. The Commissioner of Buildings may require the owner, agent or occupant of any buildings to redistribute the load upon any fioor or to lighten the same when he shall deem the same neces- sary. Sec. 953. All buildings of ordinary construction when more than two stories in height shall have under floors in each story not less than seven-eighths inches in thickness, which shall be laid immediately after the joists are set and bridged, and within the inner fire district at least one thickness of asbestos or other incombustible material shall be laid between the under and finished floor. Sec. 954. In buildings of Class III, all wooden beams or joists entering a wall of masonry shall have a proper bearing and have the ends cut on a slope of about three inches in the width or Under fioors. Wooden beams. 578 CITY ORDINANCES. BUILDING REGULATIONS. Openings through floors. Floor beams anchored— how. Wooden headers. Manufacturing buildings. depth, and the ends of all such timbers shall be separated by not less than four inches of masonry from the beams or joist entering from the other side. Sec. 955. The openings through or upon any floor of any building used for stairs, hoist, elevators or light shall be pro- tected with proper railings not less than three feet in height. All elevator openings shall have proper automatic rails, gates, trap doors or such other devices as will be equivalent thereto. Sec. 956. Each tier of floor beams shall be anchored to the side, front, rear, party and division walls at intervals of not to exceed eight feet, with wrought iron anchors not less in size than by one-quarter inch and well secured to the wall and to the timbers; in all walls less than thirteen inches in thickness (except in Class III), the anchors shall go through the wall and have plates on the outer side. The ends of all joists meeting on a girder shall be anchored together in such a manner as to form a continuous tie across the building. The ends of all girders and partition caps shall be anchored together in such a manner as to form a continuous tie and be well anchored to the walls at each end. Where steel joists or hangers are used the iron joist anchors may be omitted. Sec. 957. All wooden beams shall be trimmed away from the flues, whether the same be a smoke, air or any other flue, the irimmer to be at least eight inches from the inside face of a flue, and the header two inches from the outside face wall. Wooden headers and trimmers are to be of such size and strength and are to be so framed or hung in wrought-iron stir- rups or steel joist hangers as to fully carry the loads dependent on same, according to the floor loads elsewhere specified in this ordinance. In. business,. manufacturing and public buildings, all joists CITY ORDINANCES. 579 BUILDING REGULATIONS. carried by headers or trimmers, and all headers are to be hung in joist hangers, so as not to weaken the carrying capacity of the same. All wooden floor or roof joist, except in mill construction, shall be properly bridged and the distance between. bridging or between bridging and walls shall not be more than eight feet. No piping or conduit of any kind shall be cut down into any floor timbers at a greater distance than two feet from the ends of said beams, nor to a greater depth than one-sixth of the depth of the beam. Sec. 958. Within the inner and middle fire districts all stud partitions shall have caps and sill plates not less than four inches thick, by the full width of the studding; no studding shall pass from one story to the next without a solid cap at or near the floor joist. When stud partitions rest on girders or the caps of other partitions, the space between the joist to ten inches above the floor shall be filled in with brick, tile, terra cotta or other incombustible materials, unless there be no ceiling under the joist. In buildings over two stories in height all partitions that support floors shall have the plate of such partition resting on a sheet of metal not less than eighteen inches wide by the full length of the partition on each and every story. (In addition to the asbestos hereinbefore mentioned between all double floors). Walls that support floor joist shall be carried to the top of the floor joist and finished smooth with the underside of the Hloor boards; upon all girders that carry floor joist there shall be a fire-stop built to the top of the joist, and when a _ partition starts off the girder the fire-stop shall be carried ten inches above the joist. See. 959. All brick or stone buildings over one story in height having furring on the walls shall have the space between the furring from four inches below the joist to twelve inches Floor or root joists. Piping or conduit. Stud partitions. Furring. 580 CITY ORDINANCES. BUILDING REGULATIONS. Wall plastered back. of wainscoting. Roofs. Flat roofs. ‘Roofs to be kept in repair. above the same filled with masonry, tile, brick, cement, mortar or like substance. No wood furring shall be used in buildings required to be slow-burning, mill or fire-proof construction. Sec. 960. Wall to Be Plastered Back of Wood Wainscoting— When wood wainscoting or base is used in any building here- after erected, the surface of the wall or partition behind such wainscoting or base shall be plastered down to the floor line unless such wainscoting is placed against a brick, stone or tile wall or partition. No wood sheathing shall be permitted [except wainscoting as herein provided, on any wall or ceiling in the inner fire district.]* Such ceilings shall, if covered in, be plas- tered or covered with some incombustible material. This shall not prohibit boxed beams when put up against plaster. Sec. 961. The roofs of all buildings hereafter erected in the inner and middle fire district shall be covered with tin, tile, slate or some other incombustible material, approved by the Commissioner of Buildings. Sec. 962. All new or renewed flat roofs shall be constructed to bear safely a weight of forty pounds to the square foot, in addition to the weight of the material composing such roof, and all roofs rising at a greater angle than twenty degrees shall be constructed to carry a dead load of twenty pounds in addition to its own weight, and to resist a wind pressure of thirty pounds per square foot of surface. Sec. 963. The roofs of all buildings shall be kept in 2600 repair and all water drained therefrom so as not to flow upon or against any wall, along or against any foundation of any building, or upon the property of other than the owner of the building. 1 In brackets amendment April 22, 1903. CITY ORDINANCES. 581 BUILDING REGULATIONS. The water from conductor pipes shall not be discharged into any street or alley at a point higher than six inches above the surface, nor shall such drainage be permitted to flow against any adjoining wall into any areaway or upon any private property other than the owner of the building from which the water is conducted. Sec. 964. All butldings over two stories in height shall have scuttles or bulkheads leading to the roof, with proper ladders or stairs leading thereto, from the floor below; the lid of any scuttle or door of any bulkhead shall not be fastened in such a manner that it cannot be readily opened from the inner side without the use of any key, nor shall the approaches thereto be fastened with other than a movable bolt on the inner side. In buildings over four stories in height the ladder or stairs shall be of iron and secured permanently in place at all times. Sec. 965, Pent houses used as inclosures for tanks and ele- vators and coverings for the machinery of elevators, and any other purpose whatever, hereafter erected on or above the roots of buildings, shall be built of fire-proof materials or sheathed and covered on all sides with metal, including sides and edges of doors. Covers on top of water tanks placed on roofs may be made of wood covered with sheet metal. Where party or divis- ion walls form one or more sides of pent houses, such walls shall be carried up as fire walls above the roof of the pent house. Water tanks erected over roofs of buildings shall be sup- ported on brick bearing walls or on metal beams or posts. Sec. 966. All skylights in the inner fire district shall be constructed wholly of incombustible materials, ae glazed with glass not less than double strength. Skylights located at the foot of light courts or light walls shall be made either ot prismatic lights in iron frame, or glass not less than one-quarter Water from conductor pipes. Seuttles or bulkheads leading to the roof, Pent houses as inclosures for tanks, etc. Water tanks. Skylights. 582 CITY ‘ORDINANCES. BUILDING REGULATIONS. Snow guards. Stairs. Stairs in hotels, ete. inch thick, set in metallic frames, and where the latter are used the glass shall be protected from falling bodies by a wire netting placed not less than six inches above the glass and rigidly sup- ported on iron stanchions, such netting to be made of wire not less in size than No. 8, and mesh not coarser than 1144x1% inches. Skylights over the floors to which the public have free access shall have a wire netting as above, securely fastened in a hori- zontal position underneath, or such akyiieht ee be glazed with wire-bound glass. Sec. 967. All roofs, so constructed and located that the snow which lodged upon the same might slide from said roofs into any public place, shall have suitable snow guards to prevent the snow from slipping. All snow found to be lodged upon any cornice, gutter or other part of a building which might slide therefrom into any public place shall be at once removed by the owner or occupant of any such building: Sec. 968. All stairs to be constructed to support a live load of not less than 150 pounds per square foot and the supports at the foot of same to safely carry at least two-thirds of the total of this load. Sec. 969. In all buildings used as hotels, tenements, lodging or rooming houses, the halls, stairs, passageways and- exits shall be arranged to facilitate egress in case of fire or accident, and all such buildings having more than twenty-five rooms above the first floor shall have at least two independent stairways connected with the ground floor, each stairway not less than four feet wide, and at opposite ends or opposite sides of the building. All doors at the foot of such stairways shall open outward and never be fastened, but with a movable bar or bolt readily drawn from the inner side, without the use of any key or combination what- ever. At the top and foot of all such stairs there shall be kept burning a red light from 9 p.m. to 6 a.m. of each day. CITY ORDINANCES. 583 BUILDING REGULATIONS. Sec. 970. In all buildings of Class I, which are used as work- shops, or which are used as salesrooms, where there is an occu- pation of the same at any one time by 100 or more persons employed or engaged therein, there shall be at least two stair- cases, each not less than three feet in width. If the number of persons so employed exceeds 300 then the width of the stairs shall be not less than five feet; if the number of persons so occupying any such premises exceed 800 there shall be not less than three stairways not less than five feet in width. If the number of persons exceed 1,200 such buildings shall be governed as regards the number and size of stairways by the regulations laid down for buildings of Class IV. In all cases the stairways shall be located at as great a distance from each other as practicable, and the number of persons above any fioor shall be counted as being on that floor as well as being counted on the floors above; provided, that in fire-proof buildings one less flight of stairs than above called for may be used. All stairs over five feet wide shall have railings on both sides. Sec. 971. The aggregate width of doors opening at the street level in buildings of Class I shall be equal to the aggregate width of stairs, and in no case shall the doors leading to any means of exit be locked, or the exits in any way obstructed during the occupation of any such building. sec. 972. Every building now built or hereafter to be built, occupied by two or more families above the second floor, and every building more than two stories in height, except as are occupied solely by one family, shall be provided with one or more safe external means of escape in case of fire or accident, in addition to the stairways hereinbefore provided. Said fire escape shall consist of iron balconies at or near the level of each floor, with iron stairs connecting each balcony from the roof down within twelve feet of the ground; said stairs. shall Staircases in workshops. Width of doors. Fire escapes. 584 CITY ORDINANCES. BUILDING REGULATIONS. Stand pipes in buildings. not be steeper than seventy degrees, and shall be provided with outer railings of iron, the balconies to have iron railings all around not less than three feet in height. Fire escapes shall be located as far from the stairs as practicable, and may project over the public streets at any point above the first story. The brackets for the support of the fire escapes shall in all cases be bolted through the walls and be of sufficient strength to sus- tain a weight of 200 pounds per square foot of surface or bal- cony. The floors of all such balconies shall be slats of iron on edge. The balconies and stairs shall at all times be kept in good repair and well painted. The connections from the building to the platforms of fire escapes shall be from the halls and corri- dors, and never through any private room; when necessary to be through a room the room shall be directly connected to the corridor, and the door connecting said room to the corridor re- moved. The balconies, stairs and all approaches thereto shall never be encumbered; doors connecting onto the platforms and balconies of fire escapes shall never be locked save with a mova- ble bolt readily drawn from the inner side. The number and size of fire escapes to be regulated by the number of persons liable to use them; not more than fifty persons shall be required to use any one fire escape; the number, size and location of all fire escapes to be determined by the Commissioner of Buildings. — Sec. 973. Every building over three stories in height, except those occupied solely by one family, shall have one or more metallic stand pipes not less ‘han 21%, inches in internal diam- eter, extending from above the roof and arranged so that engine hose can be readily connected from the street or alley; such stand pipe shall have proper valves and hose couplings at each fioor above the first floor, and all hose couplings shall conform to the size and pattern used by the Memphis Fire Department. CITY ORDINANCES. 585 BUILDING REGULATIONS. Sec. 974. Alt buildings more than three stories in height, Seated in and all two-story buildings used as a school, factory, manufac- tory, hotel, lodging house, hospital, asylum, office building, as- sembly room for more than fifty persons, or institution for the care or treatment of individuals, shall be provided with one or more internal standpipes connected with the city water mains and carried to the upper floor of the building, located in the most accessible locality, and at all times in good repair, ready for instant use, provided with not less than fifty feet of hose on each fioor. All interior standpipes shall have the city pres- sure upon them at all times when the building is occupied by the public, and they shall be inspected and tested at least once each year by the Fire Department. Sec. 975. Every elevator shall be provided with some safe pleyator. and sufficient arrangement or device to prevent the falling of the car in case of accident. Sec. 976. Every elevator shall be provided with proper auto- matic stops to bring the car to a stop without a jar or jolt, at the top and bottom, independent of the operator. Sec. 977. The landings of all passenger elevators shall be Landings. protected by having the under size of the trimmer or beam at the door opening slope away from the cab door, the incline to be about three inches in twelve inches of rise. Sec. 978. Brmmediately beneath the machinery of all passenger elevators there shall be an iron network of such construction as will protect passengers from any parts that might become detached; the construction and support of the same to be ap- proved by the Commissioner of Buildings. Sec. 979. When the cab of any passenger elevator shall have more than one entrance or exit, all such entrances or exits, ex- cept the one immediately in front of the operator, shall be closed 586 CITY ORDINANCES. \ BUILDING REGULATIONS. Freight elevators. Walls inclos- ing elevators. with sliding doors inside the cab, such doors _to be the full height, and shall be closed before starting the cab, and no door shall be opened before the cab has come to a full stop. Opening and closing doors of elevators while the cab is in motion shall be unlawful, and shall subject the operators to the penalties of this ordinance. Sec. 980. All elevators shall have at least one slack cable as a safety against the breaking of the lifting cables. When any of the cables of an elevator show 10 per cent. of the wires com- posing such cables to be stranded, then such cables shall be re- placed with new ones. The Commissioner of Buildings may cause repairs to be made upon any elevator, or he may close any elevator deemed to be unsafe, and prevent the use of the same until repairs are made and the same placed in charge of a proper pilot. Sec. 981. Freight elevators shall not be used to carry passen- gers, unless the platforms are inclosed all around to the height of not less than five feet except the opening in front of the oper- ator. Sec. 982. All walls inclosing elevator shafts shall be -con- structed entirely of incombustible material, and no part of any such inclosing walls shall be supported, in whole or in part, upon wooden construction. All such inclosing walls shall pro- ject not less than three feet above the roof timbers. The root over all elevator shafts shall be fireproof and at least three- quarters of the area of covering shall be glass set in iron frames. All doors opening into an elevator inclosure or light shaft shall be iron or solid wood, metal covered, the same iG be self-closing and closed when not in use for entrance or exit. All elevators running through the well holes of stairs shall, together with the stairs, be constructed of fireproof materials, except the floor of the cab. CITY ORDINANCES. 587 BUILDING REGULATIONS. See. 983. The Commissioner of Buildings shall visit and inspect every elevator running in the city once each year, and shall keep a record of all inspections and any or all orders con- cerning the same. No elevator shall be used in any building until after it has been inspected and a certificate of approval issued from the Commissioner of Buildings; a certificate from any responsible insurance company may be accepted by the Com- missioner of Buildings. Sec. 984. Whoever, eyithoilt a permit from the Commissioner of Buildings, obstructs a street by placing a building therein, or moves a building through or upon a street, and whoever aids and assists in so obstructing a street or moving a building, shall be liable to a penalty of not less than $10 nor more than $300, and to a like penalty for every twelve hours that such obstruc- tion may continue, or that such building may remain in or upon a street. Sec. 985. All applications for moving buildings through the streets of the city shall be made to the Commissioner of Build- ines. Sec. 986. Every such application shall state the location of the building proposed to be moved, its length, width, height and the principal material of its exterior sides and of its roof; and shall definitely describe the route over which it is to be moved and the length of time that will be required to move it. Sec. 987. Every such application shall be accompanied by the written consent of the Commissioner of Buildings, to the plac- ing of the building. on the lot proposed. Sec. 988. No person except a licensed housemover, except as herein provided’ shall remove, raise, shore up or hold up brick To inspect elevators. Penalty to obstruct street. Applications for moving buildings. Licensed house-mover. 1 The words ‘‘except as herein provided,’’ in Section 988, amendment of . April 22, 1903. 588 CITY ORDINANCES. BUILDING REGULATIONS. fronts of any building within the corporate limits of the City of Memphis, and every person shall annually, before engaging in said occupation, obtain a license therefor from the Commis- sioner of Buildings, and no such license shall be granted until the party applying therefor shall have oan bond to the City of Memphis in the sum of $1,000, with good and sufficient se- curity to be approved by the Mayor, conditioned, among other things, that said party will pay any and all damages which may be caused to any property, public or private, within the City of ‘Memphis, when such injury or damage shall be inflicted by said Bond. Oontractors not required to give bond— when. party or his agent, servant, employes, workmen, contractors or subcontractors, and such bond shall be conditioned also that said party will save, indemnify and protect the City of Memphis from all liabilities, judgments, costs and expenses, which may in any wise accrue against said city in consequence of the granting of such permit or license; and he will in all respects ‘comply with the ordinance of this city in regard to the removal of buildings. Upon the execution of said bond and its acceptance by the Mayor, a license shall be issued, and the said licensed person shall, in each and every instance, before removing any buildings, obtain a permit to fio’ so from the Commissioner of Buildings, and shall pay said Commissioner a fee of $5, whereupon said Commissioner shall issue a permit, stating spocriedin all the conditions, describing the route to be taken and limiting the time for removal. The fee for a permit to remove a puilding from one part of a lot to another pare of the same lot, or from one lot to another, when the same is owned by the same person, and where said building or buildings are to be removed without crossing any street or alley, the property of any person or per- sons, other than the owner of the lot from which the building is to be removed, shall be $1. {Contractors and subcontractors may do such of this work as may come within the ordinary pursuits of their occupation, with- CITY ORDINANCES. 589 BUILDING REGULATIONS. out further bonds, and need not take out license, unless they wish to use streets or alleys for such work. The execution of this work to be subject to all other conditions of this section. ]? Sec. 989. It shall be the further duty of every person or per- sons obtaining such license, before using streets or alleys,* to keep and maintain with the City Treasurer a sum of money not less than $50, which sum, or so much thereof as may be necessary, shall be used under the direction of the Commissioner of Buildings in repairing any injury done to any street, alley or sidewalk, provided that such defective street, alley or side- walk is not made good by said housemover within twenty-four hours after being notified by the Commissioner of Buildings, and no permit shall be issued to such housemover until the deposit of said $50 is made good. Sec. 990. No shade trees shall be removed or the branches thereof cut or trimmed in order to facilitate the moving of a building, except by the written consent of the Commissioner of Buildings. No fire alarm, telegraph, telephone, electric light or power wire shall be cut for said purpose, except by the written consent of the Chief of the Fire Department, and no street lamp or lamp post shall be removed for said purpose except by the written consent of the Commissioner of Buildings, and only competent linemen shall be permitted to cut any wire unless upon application to the company, firm or person whose wires are to be cut, said company, firm or person shall neglect or refuse to furnish such linemen to the housemover at his ex- pense and for a regular lineman’s wages during the time such services shall be required by such housemover. And cash suffi- cient, in the judgment of the Commissioner of Buildings, to 2 In brackets passed April 22, 1903. 3 The words ‘“‘before using streets or alleys,’’ in Section 989, passed April 225 1903; No shade trees may be cut to move house. No fire alarm or telephone wires cut without per- mit. 590 CITY ORDINANCES. BUILDING REGULATIONS. Theater buildings. Outside walls of buildings of Class IV. cover such lineman’s wages shall be deposited for that purpose with the Commissioner of Buildings before any houses shall be moved. Sec. 991. Every public building: hereafter erected, and every building intended for theatrical or operatic purposes, or public entertainments of any kind, where stage scenery and apparatus ‘are employed, or hereafter erected, shall be made to comply with the requirements of this ordinance. No. building which, at the time of the passage of this ordinance, is not in actual use for theatrical or operatic purposes, and no building here- after erected not in conformity with the requirements of this ordinance, shall be used for theatrical or operatic purposes, or for public entertainments of any kind where stage scenery or apparatus are employed, until the same shall have been made to so comply, and no building hereinbefore described shall be opened to the public for such purposes until the Commissioner of Buildings shall have approved the same in writing as con- forming to the requirements of this ordinance. Sec. 992. The outside walls of all buildings of Class IV, on which the roofs or ceilings are carried on trusses or girders of a span of fifty feet or more, shall be as follows: If the walls are less than 25 feet high, they are not to be less than 17 inches thick. If more than 25 feet high, and not more than 50 feet, they are to be 21 inches thick for the first 25 feet, and 17 inches thick for the remainder of the height. If more than 50 feet high, and not more than 75 feet high, they shall be 25 inches thick for the first 25 feet in height, 21 inches thick for the second 25 feet, and 17 inches for the remain- der of the height. For any increase in height over 75 feet thick, thickness ot walls shall be increased in the above ratio. CITY ORDINANCES. 591 BUILDING REGULATIONS. The heights of the walls shall be measured from the ground floor of the main auditorium at its lowest point. An increase of four inches in the thickness of walls shall be made in all cases where walls are over 100 feet long without cross walls of equal height. For rooms less than 40 feet wide the thickness of walls before given may be reduced by four inches. Sec. 993. In case there shall be one or more stories built above the room devoted to the uses of Class IV, such stories being carried on trusses or girders, the thickness of walls shall be increased by four inches for each two stories or part thereof, above every such room. If solid masonry buttresses are employed and placed sixteen feet or less on centers, and extended to the foot of the trusses or girders carrying the ceiling and roof, or if iron or steel pil- lars are inserted in such walls for the support of the superstruc- ture, and at distances not more than eighteen feet between cen- ters, such pillars extending to any carrying the superimposed trusses or girders, the thickness of such walls may be reduced in proportion to the increase of strength afforded by such but- tresses or pillars, but in no case shall any such wall be less than twelve inches thick in the top story, four inches being added, going downward for each twenty-five feet in height of wall. If iron or steel pillars are introduced in said walls, the brick around the same shall be bonded into that of the connecting walls, and each of such pillars shall have no less than eight inches of solid brick work around it, the brick being measured from the extreme outer dimensions of such iron or steel pillars. Sec. 994. If a Class IV building is of a skeleton construction, Solid masonry buttresses. Skeleton con- struction Class and the steel framework carries the entire superimposed load IV of floors, roof and walls, then the inclosing walls shall consist of twelve inches of solid masonry, with two inches of hollow 592 CITY ORDINANCES. BUILDING REGULATIONS. To front on public highway. Corridors. tile or four inches of hollow brick, on the inside, properly bonded together; and the other fireproofing shall be as required ‘for buildings of Class I. Sec. 995. Every building of Class IV (b) shall have at least one front on a public highway or street, and in such front or fronts, there shall be means of entrance and exit. In addition to the aforesaid entrances and exits on the public street, there shall be reserved for service in case of emergency an open court or space, open to the sky, on the side not bordering on the street, where such building is located on a corner lot, and on both sides of said building where there is but one frontage on the street. The width of such open court or courts shall not be less than eight feet, and said open court or courts shall begin on a line with or near the proscenium wall, and shall extend the length of the auditorium proper, to or near the wall separating the same from the lobby, foyer or vestibule. A separate and distinct corridor shall be built to the street from each open court, with - continuous walls, floors and ceilings of brick or other fireproof materials, the entire length of said corridor or corridors. Said corridor or corridors shall not be reduced in width more than three feet less than the width of the open court or courts, and there shall be no projection into the same; the outer open- ings to be provided with doors or gates opening toward the street. During the time such buildings are occupied by the public the doors or gates in the corridors and all approaches thereto shall be kept open by proper fastenings, such as may be readily drawn from the inner sides; at other times they may be closed and locked. The said open court or courts shall not be used for storage purposes or for any other purposes what- soever, except for exit and entrance from and to the auditorium and stage, and must be kept free and clear during performances. The level of said corridors at the front entrance of the building shall not be greater than one step of eight inches above the level CITY ORDINANCES. 293 BUILDING REGULATIONS. of the sidewalk where they begin at the street entrance, and there shall not be more than one step of eight inches from the floor of the open court to the ground floor of the auditorium. Sec. 996. To overcome any difference of level existing between exits from the ground floor of the auditorium into courts and the level of the street, gradients may be used in the corridors and courts of not over one foot in ten feet with no perpendicular rises. From the auditorium opening into said courts, or on the side street where the builaine is placed on corner lot, there shall not be less than two exits on each side from the ground floor auditorium balcony, and each and every balcony and gal- lery. Their exit shall be at least five feet wide in the clear, and provided with doors of iron or wood; if of wood the doors shall be constructed according to underwriters’ rules. All of said doors shall open outwardly and be fastened only with movable bolts, the bolts to be kept drawn during performances. Sec. 997. There shall be balconies not less than four feet in width each side of the auditorium, of sufficient length to em- brace the exits, and from all balconies there shall be staircases extending to the ground level, with a rise of not over nine inches, and a step of not less than nine inches tread, exclusive of the nosing. The stairs from the upper balcony to the next below shall not be less than three feet in width in the clear, and from the first balcony to the ground floor four feet wide in the clear. All the beforementioned balconies and staircases shall be con- structed of iron throughout, including floors, and of ample strength to sustain the load to be carried by them. Where one side of the building borders upon a street the lower balcony shall be about twelve feet above the sidewalk, and may have sliding or drop ladders to reach the walk from the lowest bal- cony. Gradients may be used in cor- ridors. Balconies, staircases. 594 CITY ORDINANCES. BUILDING REGULATIONS. Floor levels Glass. IV. Street vesti- bule. Seats in Class IV. Stairs in Class IV. Sec. 998. The following limitations of floor levels in build- ings of Class IV (b) shall be observed in all cases of new con- struction or material reconstruction, alteration or improvement of existing buildings. The ground floor of auditorium in build- ings of Class IV (b), where it connects with the lobby or foyer, shall not be at a greater height above or depth below the street level than a gradient from the street vestibule of one foot in ten; said street vestibule to be not more than one step above or below the grade of sidewalk at the central entrance point. The only exception to the foregoing shall be the case of rooms of Class IV (b), containing less than 500 seats, which, in fire- proof buildings, may be located in any floor thereof, but in such cases there shall be at least two flights of stairs from the floor in which such auditorium is located, to the ground, and the width of such stairs shall not be less than four feet in the clear for each. Sec. 999. In buildings of Class IV (a) no auditorium contain- ing more than 1,000 seats shall have the highest part of its ‘main floor more than eight. feet above the adjacent sidewaik grade. No room of Class IV (a) containing more than 500 seats shall be at a greater distance than thirty feet above the side- walk. No room of Class IV (a) containing more than 200 seats shall be at a higher level above the sidewalk than forty-five feet. Exceptions to the foregoing are to be made in the case of rooms containing less than 500 seats, which may be located in any part of a fireproof building; provided, however, that there shall be stairs, as required in Sec. 1000. Sec. 1000. Stairs in buildings of Class IV (a) and IV (b) shall be in width equivalent to eighteen inches for ‘every 100 seats or fraction thereof, but no stairway in such building shall be less than four feet in width in the clear. All stairways shall have railings on each side thereof. No stairways shall ascend Exits. Seats secured to floors. Aisles in Class IV. Commissioner CITY ORDINANCES. 90 BUILDING REGULATIONS. to a greater height than eleven feet without a level landing, which, if its width is in the direction of the run of the stairs, shall not be less than three feet, or which, if at a turn of the stairs, shall not be less in width than the width of the stairs. Sec. 1001. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the main floor of auditorium and first balcony, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery, as required by Sec. 1003. All rooms accommodating more than 500 persons shall have all seats, not in private boxes, firmly secured to the floor. Sec. 1002. Aisles in buildings of Class IV (a) and IV (b) shall be equal to eighteen inches for every 100 seats, or frac- tional part thereof, the occupants of which will be required to use said aisles, but no aisles are to be less than two feet three inches wide in the narrowest part, and increasing in width toward the exits. Steps are permitted in aisles only as extend- ing from back to back of seats, and where the rise from back to back of seats is less than six inches. The floor of the aisle shall be made an inclined plane, and where steps occur in out- side aisles or corridors they shall be grouped together, and there shall be a lamp at or near every place where there are steps in inclosed aisles or corridors. All aisles and passageways in said buildings shall be kept free from camp stools, sofas, chairs and other obstructions, and no person shall be allowed to stand in or occupy any of said aisles or passageways during any performance, service, exhibition, ‘lecture, concert, ball or any public assembly, nor shall there be any camp stools, chairs, sofas or any such things in any such aisles or corridors at such times. . The Commissioner of Buildings, or any of his assistants, shall to enter build- ings. have the right to enter any such buildings at any time during 596 CITY ORDINANCES. BUILDING REGULATIONS. Width of cor- ridors, ete. Commissioner to inspect and any performance, service, exhibition, lecture, concert, ball or any public assemblage, to enforce this ordinance. Sec. 1003. In buildings of Class IV the width of corridors, passages, hallways and doors shall be computed in the same manner as that herein provided for stairways and aisles, ex- cepting that no corridor shall be anywhere less than five feet in width, and no door less than three feet in width, and all doors shall open outward. Sec. 1004. It shall be the duty of the Commissioner of Build- measure exits, ings to inspect and measure the exits of all buildings in Class etc. Brick wall in Class IV. IV (a) and IV (b), including all theaters, concert halls, as- sembly rooms, lecture halls, schools, churehes, dance halls and lodge rooms, and to compute the number of persons said rooms, halls or buildings will safely seat or accommodate, not to exceed 100 persons—fractional parts of. 100 being counted as a full 100—for each eighteen inches in width for each stairway, door or exit; and when the said number has been determined by said Commissioner of Buildings he may cause a notice or notices, stating the maximum number to be admitted in said room, hall or pullding to be posted in a conspicuous place near the en- trance to said room, hall or building; and it shall be unlawful for the owner, agent, manager or trustee, or person or persons in charge or having control of such rooms, halls or buildings, to admit a larger number of persons to such rooms or buildings. Sec. 1005. In all buildings of Class IV (bD) there shall be a solid brick wall not less than seventeen inches thick, between the auditorium and the stage, and in non-fireproof buildings this wall shall not be less than twenty-one inches thick, and shall extend to a height of six feet above the roof. The main curtain, opening shall have an iron or asbestos curtain, and all other openings in this wall shall have fireproof doors. yi Sin ai CITY ORDINANCES. ao7 BUILDING REGULATIONS. See. 1006. The framing of the floor of the stage in buildings ite Sik of Class IV (b), containing seats for more than 500 people, 1 or stecs. shall be of iron or steel; the stage floor may be of wood, but shall be not less than three and three-quarters inches thick. The entire floor construction and floors of fly galleries and rigging lofts and supports, and all shéaves and pulleys and their sup- ports, shall be made of iron or steel. All woodwork, including both sides of the floor boards, and all scenery used on or about the stage, shall be coated with fireproof paint, the fire resisting qualities of which shall be tested and approved by the Commis- sioner of Buildings. Sec. 1007. Structures of any kind and for any purpose what- To be fire- proof. ever erected above the ceiling of any auditorium containing 500 or more seats, shall be entirely of fireproof construction. Sec. 1008. There shall be over the stage of every building of sine Class IV (b) flues or ducts extending at least ten feet above the highest point of the roof, which flues or ducts shall have an area of at least one-thirtieth of the total area of the stage. The dampers for opening or closing these ducts shall be con- trolled from a point near the proscenium arch; these dampers shall be made of sheet metal on iron frames, and be not nearer than eight inches of any woodwork or other combustible ma- terials. Sec. 1009. It shall be the duty of the owners, agents, lessees an and occupants of buildings of Class IV (b) to provide such fire-extinguishing apparatus at such points about the buildings as the Commissioner of Buildings shall direct, and all stand- pipes, gas pipes, electric wires, hose, footlights and all appar- atus for guarding against fire or for extinguishing the same shall, at all times, be kept in condition satisfactory to and under the control of the Commissioner of Buildings. 598 CITY ORDINANCES. BUILDING REGULATIONS. Nehtce aoee Sec. 1010. Every’ portion of any building of Class IV devoted to the use or accommodation of the public, also all outlets lead- ing to the street, open courts and corridors, shall be properly lighted during every performance, and the same shall remain lighted until the entire audience has left the premises. Electric lights Buildings of Class IV (b) shall be at night illuminated ‘en- pa tirely by electric lights, and shall have at each exit and at the head and foot of each stairway a metal bracket and a candle or sperm oil lamp kept burning during the enue duration of any performance. Similar provisions shall apply to buildings of Class IV (a) seating more than 1,000 persons. Ne a Peps Sec. 1011, In buildings in Class IV no gas or electric light lights in walls. shall be inserted in the walls, woodwork, ceiling or in any part of the building unless protected by fireproof materials. All lights in passages and corridors of said buildings, and wherever deemed necessary by the Commissioner of Buildings shall be protected by proper wire network. The footlights, in addition to the wire network, shall be protected by a strong wire guard, not less than two feet distant from footlights, and the trough containing such footlights shall be fireproof. All ducts for conducting heated air from the main chandelier, or from any other light or lights, shall be constructed of metal and made double with an air space between, and shall not come in contact with any wood- Stage lights. work. All stage lights, if of gas, shall have strong wire guards or screens, not less than ten inches in diameter, so constructed that any material contact therewith shall be out of the reach of the flame, and must, in all cases, be soldered to the fixture. mu girder Sec. 1012. In all buildings of Class IV (b) there shall be an a Dove pros- Rbetoncs open- iron girder above the proscenium opening, the iron girder to be protected from heat by proper fireproof covering; above the girder there shall be a relieving arch the full width of the wall and the intervening space filled in with brickwork; should there CITY ORDINANCES. 589 BUILDING REGULATIONS. be constructed an orchestra over the stage above the proscenium opening, the said orchestra shall be placed outside of the pros- cenium wall. The molded frame around the proscenium opening shall be formed entirely of fireproof faberiaiss if metal be used the metal shall be filled in solid with non-combustible materials, and the whole securely anchored to the wall with iron. The proscenium opening shall be provided with a fireproof curtain sliding at each end within iron grooves securely fastened to the wall, and extending into such grooves not less than six inches on each side. And fireproof curtain shall be raised at the com- mencement of each performance and lowered at the close of said performance, and to be operated by approved machinery. The proscenium curtain shall be placed at least three feet from the footlights at the nearest point. There shall be no openings in the proscenium wall above the level of the auditorium ceiling, and not to exceed two on any level below, and all such openings shall be closed with fireproof doors, said last mentioned doors not to exceed three feet in width. Sec. 1013. All high-pressure steam boilers hereafter to be placed in any building, except when in a separate brick boiler house, shall be placed in a fireproof room, constructed of brick, stone, concrete or terra cotta; and all openings to such fireproof room shall be provided with standard fire doors. All buildings hereafter to be erected for boiler houses, unless entirely of fireproof construction, shall have brick walls and be so constructed that a clear space of at least eight feet shall exist between any part of the boiler and the roof, ceiling or other structural woodwork. For the purpose of hoisting during building operations, tem- porary steam boilers may be head in buildings in a manner ap- proved by the Commissioner of Buildings. No boilers or heating ‘apparatus shall be placed beneath the stairs or exits from any public buildings. Fire proofing material. Steam boilers. Boiler houses Hoisting. 600 CITY ORDINANCES. BUILDING REGULATIONS. Hot air furnaces. Pipes. One building in direction of depth of lot. Sec. 1014. All portable hot-air furnaces shall be kept at least two feet from any wooden or combustible partition, and at least two feet from any wooden or combustible ceiling, unless protected by three inches of Peco bet ole material for a distance of at least three feet from the furnace. Hot-air pipes in wood partitions, or between joists, must be made of metal, Seal are to be double. The space between the two pipes shall be at least one-half inch, and the pipes shall be kept apart from each other by the insertion of a sufficient number of metallic separators, while the interior of the main pipe is to be provided with braces, one for every three feet in length of the pipe. , Such pipes are to be made with air-tight joints and to be securely fastened in place. The openings in floors for hot-air registers shall be surrounded with borders of some incombustible material not less than two inches wide, and firmly and securely set in place. The register boxes shall be double, the distance between the two thicknesses of the tin being at least one inch. Where the air conveyed through pipes is heated by an ordinary hot-air furnace, or any other apparatus by direct contact of the air with the firebox, the material used for these double ducts, pipes and register boxes shall be “bright tin.’ When the air is heated with hot water or steam pipes, any other sheet metal may be used for the pipes, and the use of double pipes is not obligatory. When only one register is connected with a furnace, said reg- ister shall have no valve. Sec. 1015. If more than one building for dwelling purposes is built in the direction of the depth of a lot, then a commo- dious street or avenue shall first be constructed to pass along ond in front of said dwellings, at least thirty feet wide, to be CITY ORDINANCES. 601 BUILDING REGULATIONS. properly drained and graded; and the Building Commission shall strictly enforce this section, and no permit shall be issued by him contrary to this section, unless otherwise ordered by the Legislative Council; provided, that this section shall not apply to servant or other houses which are appurtenant to or go with the main building on the front of the lot.t Sec. 1016. All tenements within the city limits, either brick or frame, built for rental purposes and for housing more than -two families, shall be so constructed that each room or suite of rooms having a separate door or entrance communicating with the street, court or alley shall be divided from the rest of the building by a solid fire wall of brick or concrete at least thirteen inches thick. Said wall to be without door or openings of any kind unless by special permission of the Legislative Council.? See. 1017. Every habitable room shall have at least one win- dow of an area equal to one-tenth of the floor area, communicat- ing directly with the outer air. Water closets and plumbing fix- tures shall be placed only in rooms that are ventilated by win- dows or skylight opening directly to the outer air, as called for by the plumbing ordinance. No such rooms shall be ventilated by a light shaft which ventilates habitable rooms, unless such light shaft is more than eight feet in its least dimensions. No space of less than forty square feet for three-story buildings, or less than fitty square feet for four-story buildings, and so on, in- creasing ten feet for each story additional, shall be considered as affording communication with outer air, and such open space or light shaft, if covered with a Bevitent or roof of any kind, shall not be considered as fulfilling the requirements of this sec- tion. No room shall be considered habitable unless its walls and ceilings are plastered or ceiled. 1 Section 1015. Amendment August 16, 1908. 2 Section 1016 passed February 21, 1905. Known as the Anti-Ark Ordinance. Anti-ark ordi- nance—tene- ments. Every room to have window. 602 CITY ORDINANCES. BUILDING REGULATIONS. Single frame dwelling. Partition wall. No building converted to stable—when. Nor used for planing mill, ete: Sec. 1018. No single frame dwelling shall be erected which shall contain accommodations for more than two families. Double dwellings or blocks of dwellings and tenement houses may be built to contain accommodations for more than two families and each part of such building shall be separated from the next part on either side by a wall built as follows: This partition wall must be built of 2x6-inch studding, with the spaces between studding filled full of mineral wool, or any other approved fireproof material, from the brick wall in base-. ment up to and close under the roof. boards, fie fireproofing to ° be secured in place between joists by wood. blocking properly secured, and these partitions must be plastered on each side on metallic lath with an approved patent plaster. If brick is used for fireproofing between studding, then partitions may be plas- tered on wood lath with lime mortar. All such partitions must be supported on a thirteen-inch brick wall or eighteen-inch stone wall in the basement, which must be built from the cellar floor to the top of the ground floor joists. Any openings in brick wall shall be closed by a fireproof door. Sec. 1019. No building, any part of which is within forty feet of the dwelling of an adjoining owner, shall be erected for or converted to use as a stable, without the written consent of such adjoining owner or owners. See. 1020. No building within the city limits shall be used or occupied, in whole or in part, for any of the trades or occupa- tions hereafter mentioned, to-wit: Planing mill, sash, door and blind factories; wagon or carriage manufactories; cabinet and furniture manufactories; woodturning and veneering works; agricultural implement manufactories; box or shingle factories, or any other woodworking factory, two or more stories in height, unless such building so occupied shall have, in connection with it, a brick or fireproof vault of sufficient capacity to contain all CITY ORDINANCES. 603 BUILDING REGULATIONS. shavings, sawdust, chips or other light combustible refuse con- nected therewith. All such shavings and other light combustible refuse or ma- terial shall be removed daily from such premises to such vault. Sec. 1021. In every factory, mill or other like place, where belting, gearing, shafting or other things of like nature are used, the same shall be guarded in such a manner as will reasonably protect persons employed or passing near the same. Sec. 1022. All chutes, conveyors or other openings from one part of a building to another part, used for any purpose, shall be constructed of brick, tile, metal or other incombustible ma- terials, and shall have self-closing doors at every opening to prevent draft along the same. All fume and ventilating shafts shall be constructed of brick, tile, metal or other incombustible materials the entire length of same, in a manner approved by the Commissioner of Buildings. Sec. 1023. It shall be unlawful to place, fix or stretch any spiked railings, barbed wire or other things of like nature, any- where within the City of Memphis. Wooden fences shall never exceed six feet in height, above the grade, and shall be so placed as not to project over or upon any street, alley or public ground, excepting as may be otherwise provided. Sec. 1024. No wooden fence exceeding six feet shall be erected in any of the fire districts of the city. No wall of masonry used as a fence shall exceed six feet in height. Open iron cresting may be placed on the top of walls to increase the height when used as a fence, same to be well bolted to the wall. Sec. 1025. All flagstaffs shall be of proper dimensions, taper and strength, to be secured to the building in a manner ap- proved by the Commissioner of Buildings. To remove refuse. Belting to be guarded. Chutes to be of brick, tile, ete, Ventilating shafts. Spiked rail- ings and wooden fences. Flagstafis, 604 CITY ORDINANCES. BUILDING REGULATIONS. Trap doors. Storm door enclosures. Smokehouses. Ventilation be- tween ceiling and roof. School buildings. Materials. Second-hand material. Rubbish. Sec. 1026. All buildings of Class I not having direct entrance to the basement from the outside shall have, in the first floor, within six feet of the front and rear doors, trap doors not less than 12x18 inches in size, and so constructed that they may be readily opened by the firemen in case of fire in the basement. Sec. 1027. The Commissioner of Buildings may issue a permit for the erection of storm-door inclosures, to be maintained only during the months of inclement weather, and shall not extend from the building line more than eighteen inches upon the side- walk. Sec. 1028. Smokehouses which may hereafter be constructed Shall be built throughout. of incombustible material. All the openings to such smokehouses shall have shutters and doors of metal or of wood covered with metal on both sides, in a manner approved by the Commissioner of Buildings. Sec. 1029. The space between all ceiling joists and roof timber shall be properly ventilated in all buildings. Sec. 1030. All school buildings exceeding two stories in height hereafter erected, shall be constructed fireproof. Sec. 1031. All materials are to be of good quality for the purpose for which they are to be used and to conform to recog- nized trade and manufacturers’ standards, and are to be subject to the approval of the Commissioner of Buildings. Second-hand building materials, if used, must conform to the standards laid down in this ordinance. / Sec. 1032. Loose rubbish, hay or straw shall not be piled or stacked in any lot within the middle or inner fire district, or kept in any place outside of a proper building to inclose the Same. CITY ORDINANCES. 605 BUILDING REGULATIONS. Sec. 1033. Inflammable oils or explosives shall never be placed or stored near any stairway or exit from any building so as to render the exits dangerous in case of fire or accident. See. 1034. No building any part of which is used for the stor- age of hay, straw, excelsior, shavings or inflammable oils in greater quantities than fifty gallons, shall have any of the upper part occupied as a dwelling, tenement or lodging house; this section does not apply to private stables. Buildings used for the storage of petroleum or inflammable oils of any kind in quantities exceeding five barrels of fifty gal- lons each shall have the walls of same not less than eighteen inches in thickness, and not to exceed sixteen feet in height; the floors shall be made of fireproof paving or concrete upon the ground, which shall not be less than ten feet below the grade; the roof shall be of metal and to have fire walls all around not less than thirteen inches thick and three feet high above the roots, and covered by incombustible copings. It shall be unlawful to store or keep for sale within the limits of the City of Memphis any petroleum or inflammable oils of any kind in quantities exceeding five barrels of fifty gallons each, except in buildings as provided for in this section. Not more than 500 pounds of fireworks, or like explosives, shall be stored in any one building within the city ‘limits. See. 1035. Every temporary support’ placed under any struc- ture, wall, girder or beam, during the erection, finishing, altera- tion or repairing of any building or structure, or any part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. Sec. 1036. Temporary frame structures for the use of build- ers while engaged in building operations may be erected adjoin- ing the work in any part of the city, said temporary frame to be removed as soon as the permanent building is inclosed. Oils or explosives. Buildings not to be occupied as dwellings— when. Buildings for storage of oils. Not exceeding five barrels, ete: Fireworks. Temporary supports. Temporary frame work. 606 CITY ORDINANCES. BUILDING REGULATIONS. Temporary staging. Manner of construction subject to approval. Tent or canyas. Penalty - for violation. Sec. 1087. Temporary staging for observatory, grandstand, plat- forms and similar structures shall not be erected upon the roof of any building, or in any locality within the city, without a written permit from the Commissioner of Buildings, which per- mit shall only be issued after complete plans and specifications for the proposed structure shall have been. filed in the office of the Commissioner of Buildings. The manner of construction, and all matters touching the strength of the same, shall be subject to the approval of the Commissioner of Buildings, and all such structures shall be fin- ished at least twenty-four hours before being occupied. Sec. 1038. No tent or canvas structure of any kind shall be erected without the written permission of the Commissioner of Buildings, and then only for the term of days granted by the Commissioner of Buildings. Sec. 1039. Any person, firm or corporation who violates, diso- beys, omits, neglects or refuses to comply with, or who resists ‘or opposes the execution of any provision of this ordinance, shall Conerete block construction. be guilty of a misdemeanor, and subject to a fine of not less than $5 nor more than $300,,and every such person, firm or corporation shall be Secmen guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall conn and shall be subject to the penalty imposed by this section for each and every such separate offense; and any builder, architect or contractor who shall have constructed any building in violation of any provision of this ordinance, shall be liable to the penalties provided and imposed by this section. AN ORDINANCE GOVERNING CONCRETE BLOCK CONSTRUCTION. Passed January 10, 1907. Sec. 1040. Block of Portland cement and sand, or of Portland cement, sand and gravel, or crushed stone, may-be substituted CITY ORDINANCES. 607 BUILDING REGULATIONS. for bricks for constructing the walls of buildings under the fol- lowing conditions: Walls built of cement and sand blocks, and those built of ce- ment, sand and gravel blocks, shall be of the same thickness as specified for brick walls in the building regulations of the City of Memphis, except that the block walls may be 8 inches, 12 inches, 16 inches, 21 inches, 25 inches thick, in place of 9 inches, 153 inches, 17 inches, 22 inches, 26 inches, as specified for brick. See. 1041. The composition of cement and sand blocks shall be as follows: One (1) and two (2) story buildings, one (1) part Portland cement and not more than four (4) parts clean, coarse, sharp sand. Three (3) and four (4) story buildings, with basement, one (1) part Portland cement and not more than three (3) parts clean, coarse, sharp sand. Sec. 1042. The composition of cement, sand and gravel ‘or - crushed stone blocks shall be as follows: One (1) part Portland cement, two (2) parts clean, coarse, sharp sand and four (4) parts gravel, broken stone or other ageregates. Sec. 1043. The outer walls of.the blocks shall not be less than two (2) inches thick, and in the two pieces method of construc- tion the center arm or lug shall not be less than three (3) inches thick. Composition. Outer walls. 608 CITY ORDINANCES. BUILDING REGULATIONS. Concrete blocks. To be cured. Use prohibited. Facing of concrete. Load on the block. Sec. 1044. The hollow space in all concrete blocks shall DOK exceed the percentage given in the following table for different height walls: Ist 2d 3d 4th 5th oth Stories— Pet: Pet. Pet: PCat eee ee TaN! 2.0 eee eee ae hee ae 33 33 SPAM A 5, Se erate hs en gene 25 33 33 33 By UT Gos aeons tees al pe een tare ete 20 25 25 33 33 30 Sec. 1045. Blocks made out of cement and sand shall not be used in buildings over three (3) stories and basement in height. Sec. 1046. No cement blocks shall be used in a building unless they have been cured at least seven (7) days by the wet process, and fourteen (14) days naturally dried under shade. Sec. 1047. The use of hollow blocks in party walls is entirely prohibited. Sec. 1048. Where the face only of a building is of hollow concrete building blocks, and the backing is of brick, the facing of hollow concrete blocks must be strongly bonded to the brick backing with headers projecting four (4) inches into the brick- work, every fourth (4th) course being a heading course, no brick — backing to be less than eight (8) inches. Where the walls are made entirely of hollow concrete blocks, but where said blocks have not the same width as the walls, every fifth (5th) course shall be extended through the wall, forming a secure bond, at least two (2) feet center. Sec. 1049. Wherever girders or joists rest upon the walls so that there is a concentrated load on the block of over two (2) tons, the block supporting the girder or joist must be made solid. Where such a concentrated load shall exceed five (5) tons, the blocks for two courses below and for a distance extending at least. eighteen (18) inches each side of said girder or joist shall be CITY ORDINANCES. 609 BUILDING REGULATIONS. made solid. Where the concentrated load on the wall from the girder or joist exceeds five (5) tons, the blocks for three (3) courses underneath it shall be made solid with similar material as in the blocks., Wherever walls are decreased in thickness, the top course of the thicker wall is to be made solid. Sec. 1050. Provided always, that no walls or any part thereof composed of hollow concrete blocks shall be loaded to an excess of eight (8) tons per superficial foot of the area of such blocks, including the weight of the wall, and no blocks shall be used that have an average crushing strength of less than one thousand (1,000) pounds per square inch of area at the age of twenty- eight (28) days, no deduction to be made in figuring the area for the hollow space. Sec. 1051. All piers and buttresses that support loads in excess of five tons shall be built of solid concrete blocks for such a dis- tance below as may be required by the Building Commissioner. Sec. 1052. Caps, lintels and sills for all openings for doors and windows shall be reinforced by iron or steel bars, round or square, in a manner satisfactory to the Building Commissioner. Any caps, lintels or sills spanning over three (3) feet in the clear shall rest on solid concrete blocks. All caps, lintels and sills shall have a bearing at each end of not less than six (6) inches on the wall. The depth or thickness of concrete for caps, lintels and sills shall never be less than four (4) inches, nor-shall the span exceed twenty (20) times the thickness, and the reinforcing metal or steel rib, in any form, shall weigh not less than one (1) pound per square foot of the depth and lineal foot of the span. Piers, etc. Caps, lintels and sills. Sec. 1053. All centering shall be self-supporting, and no center When centers after the concrete is laid. shall in concrete construction shall be struck until fifteen (15) days ‘truck. be 610 CITY ORDINANCES. BUILDING REGULATIONS, Proportion of cement and sand. Cement to be thrown away. Concrete exposed to cold. Blocks to be tested. Sec. 1054. All concrete and cement walls must be set with Portland cement mortar mixed in the proportion of one (1) part cement to not more than three (3) parts of sand, and each bed of cement must not be less than one-quarter (14) inch. The joints on outside of wall must be pointed with similar cement mor- tar. All blocks must break bond when laid in the walls. Sec. 1055. No materials containing cement that may have set or partially set can be used in a new batch, and must be dis- carded and thrown out. No retempering of materials will be al- lowed under any circumstances. All blocks that may have been damaged or shattered from the effects of cutting or handling will not be allowed to be used in any building, and must be removed immediately, if required by Building Commissioner. Sec. 1056. All structural concrete exposed to or worked in the outer air shall not be worked when the temperature is thirty-two (32) degrees Fahrenheit or less in the shade; and any concrete liable to be exposed to frost, snow or ice before it has attained its permanent set shall be temporarily protected until the season has advanced beyond the probability of a frost, or until the build- ing is properly closed; and such a work, after centers are re- moved, shall be given s physical test that will suse a load of three (3) times that for which it is designated, without sign of failure. Sec. 1057. No hollow concrete building blocks shall be used in the construction of any building in the City of Memphis unless the maker of said blocks has submitted his product to the full test required by the regulations hereafter specified and placed on file with the Building Commissioner a certificate from a re- liable testing laboratory, designated by said Building Commis- sioner, showing that samples from the lot of blocks to be used have successfully passed the requirements of the building regu- CITY ORDINANCES. 611 BUILDING REGULATIONS. lations, and filing a full copy of the tests with the Building Com- missioner. See. 1058. A brand or mark of identification must be im- pressed in or otherwise permanently attached to each block, for the purpose of identification. Sec. 1059. No certificate of approval shall be considered in force for more than four (4) months, unless there be filed with the Building Commissioner of the City of Memphis, at least once every four (4) months following, a certification from some re- liable testing laboratory, as aforesaid, showing that the average specimens tested, as hereafter specified, comply with the re- quirements of the building regulations of the City of Memphis, said samples to be selected either by the Building Commissioner or by the laboratory from blocks actually going into construction work. The samples must be furnished by the manufacturers or contractors. Sec. 1060. The manufacturer and user of such hollow con- crete blocks as are mentioned in these regulations, or of any other blocks, shall at any time have made such tests of cement used in making such blocks, or such further tests of completed, blocks, or of each of these, at their own expense and under the supervision of the Building Commissioner, as said Building Com- missioner shall require. Sec. 1061. The cement used in making said blocks shall be Portland cement, and must be capable of passing the minimum requirements as set forth in the “standard specifications for cement,” by the American Society for Testing Materials. Sec. 1062. Any and all blocks, samples of which, on being tested under the direction of the Building Commissioner, fail to stand the tests required by these regulations, shall be marked Brand or mark. Certificate of approval, Manufacturer to have tests made. Portland cement. Samples marked ““condemned.,’’ 612 CITY ORDINANCES. BUILDING REGULATIONS. Specifications. “condemned” by the Building Commissioner, and such blocks shall not be used in any building in the City of Memphis. Sec. 1063. These specifications governing methods of testing concrete building blocks shall be as follows: First—These regulations shall apply to all new materials, such as are used in building construction in the same manner and for the same purposes as stone and brick are now authorized by the building laws, when said new material to be substituted departs from the general shape and dimension of ordinary build- ing brick, and more particularly to that form: of building ma- terial known as hollow concrete blocks, manufactured from cement and a certain addition of sand, crushed stone or other similar aggregate. Second—Before any such material. is used in buildings an ap- plication for its tee and for a test of same must be filed with the Building Commissioner. A description of the material and a brief outline of its manufacture and proportion of the ma- terials used must be embodied in’ the application. Third—The materials must be subjected to the following tests, to-wit: Transverse, compression, absorption, freezing and fire. . Additional tests may be called for when, in the judgment of the Building Commissioner, the same may be necessary. All tests will be made at the expense of the applicant. Fourth—The results of the tests, whether satisfactory or not, must be placed on file in the office of the Building Commissioner. They shall be open to inspection, upon application to the Building “Commissioner, but need not necessarily be published. Fifth—For the purposes of tests the samples representing the commercial ordinary product may be selected from the stock of the Building Commissioner, or may be made in his presence, at his discretion. These samples must be of the regular size Bh al tamer CITY ORDINANCES. 613 BUILDING REGULATIONS, and shape used in construction. In cases where the material is made and used in special shapes and forms too large for test- ing in the ordinary machines, smaller sized specimens shall be used, as may be directed by the Building Commissioner, to de- termine the physical characteristics specified in paragraph three. Sixth—The samples may be tested as soon as desired by the applicant, but in no case later than sixty days after manufac- ture. Seventh—The weight per cubic foot of the material must be determined. Eighth—Tests shall be made in series of at least five (5), except that in the fire tests a series of two (2)—four samples— are sufficient. Transverse tests shall be made on full-sized samples. Half samples may be used for crushing, freezing and fire tests. The remaining samples are kept in reserve, in case unusual flaw, exceptional or abnormal conditions make it nec- essary to discard certain of the tests. All samples must be marked for identification and comparison. Ninth—The transverse tests shall be made as follows: The sample shall be placed flatwise on two (2) rounded knife-edge bearings, set parallel, seven (7) inches apart. A load is then applied on top, midway between the supports and transmitted through a similar rounded knife edge until the sample is rup- tured. The modulus of rupture shall then be determined by multiplying the total breaking load by twenty-one (21)—three times the distance between supports in inches—and then dividing the result thus obtained by twice the product of the width in inches by the square of the depth in inches. 3 W. L. (2 eS ase CL ya No allowance shall be made in figuring the modulus of rup- ture for the hollow space. ‘614 CITY ORDINANCES. PUILDING REGULATIONS. Tenth—The compression tests shall be made as follows: Sam- ples must be cut from blocks so as to contain a full web section; samples must be carefully measured, then bedded flatwise in plaster of paris, to secure a uniform bearing in the testing ma- chine, and crushed. The total breaking load is then divided by the area in compression in square inches. No deduction will be made for hollow spaces. The area will be considered as the product of the width by the length. Eleventh—The absorption test must be made as follows: The sample is first thoroughly dried to a constant weight. The weight must be carefully recorded. It is then placed in a pan or tray of water, face downward, immersing it to a.depth of not more than one-half (44) inch. It is again carefully weighed at the follow- ing periods: Thirty (30) minutes, four (4) hours and forty- eight (48) hours, respectively, from the time of their immersion, peing replaced in the water in each case as soon as the weight is taken. The compressive strength while still wet is then’ de- termined at the end of the forty-eight (48) hour period, in the manner specified in paragraph ten (10). Twelfth—The freezing tests are made as follows: The sample is immersed as described in the above paragraph for at least four (4) hours and then weighed. It is then placed in a freez- ing mixture or in a refrigerator, or otherwise subjected to a tem- perature of not less than fifteen (15 F.) degrees Fahrenheit, for at. least twelve (12) hours. It is then removed and placed in water, where it must remain for at least one (1) hour, the tem- perature of which is at least one hundred and fifty (150 F.) de grees Fahrenheit. This operation is repeated ten (10) times, after which the sample is again weighed while still wet from the last thawing. Its crushing strength should then be determined as specified above. CITY ORDINANCES. 615: sd BUILDING REGULATIONS. Thirteenth—The fire test must be made as follows: Two (2) samples are placed in a cold furnace in which the temperature is gradually raised to seventeen hundred (1,700 F.) degrees Fahrenheit. The test pieces must be subjected to this temperature for at least thirty (30) minutes. One of the samples is then ylunged in cold water about fifty to sixty (50 to 60 F.) degrees Fahrenheit, and the results noted. The second sample is per- mitted to cool gradually in air and the result noted. Fourteenth—The following requirements must be met to secure an acceptance of the materials: The modulus of rupture for concrete blocks at twenty-eight (28) days old must average one hundred and fifty (150) and must not fall below one hundred (100) in any case. The ultimate compression strength at twenty-eight (28) days must average one thousand (1,000) pounds per square inch, and must not fall below seven hundred (700) pounds in any case. The percentage of absorption (being the weight of water absorbed divided by the weight of the dry sample) must not average higher than fifteen (15) per cent., and must not exceed twenty (20) per cent. in any case. The reduction in compressive strength must not be more than thirty-three and one-third (33 1-3) per cent., except when the lower figure is still above one thousand (1,000) pounds per square inch loss in strength may be neglected. The freezing and thawing process must not cause a loss of more than thirty-three and one-third (33 1-3) per cent., except that when the lower figure is still above one thousand (1,000) , pounds per square inch the loss in strength may be neglected. The fire test must not cause the materials to disintegrate.’ Sec. 1063a. No bill boards or bulletin boards or any other adver- pjj1_ pboards— ; how tising boards of any character shall be erected or maintained constructed. 1 Sections 1040 to 1063, inclusive, passed June 10, 1907. 616 CITY ORDINANCES. STREET * NAMES. : te within the limits of the city except as herein specified: Ten feet in height to have 6x6 posts, four feet deep in the ground; twelve feet high, to have 8x6 posts, four feet in the ground; sixteen feet in height to have 8x8 posts, five feet deep in the ground. All posts to be set not more than eight feet from center to center, and to be braced from the rear with diagonal braces. Every bill board or bulletin board, or any other adver- tising board, to have a space left open at the bottom of a height of three feet, running the entire length of the board, except where the entire lot is inclosed, in which case they may run to the eround.? + Sec. 10638b. Be it resolved by the Legislative Counen of the City of Memphis, That the Building Commissioner be and is hereby instructed to inspect at once all school buildings within the city, and see and require that all of said buildings be equipped with all proper and necessary exits and fire escapes, as © are provided for under the building laws of the city, or, as are in his judgment necessary and judicious for the prompt escape of children and teachers in case of fire; and that all doors open outwardly only, and if there are any double doors that both doors swing outwardly and that neither of them be fastened during school hours.’ ARTICLE 52. STREET NAMES. AN ORDINANCE to. be entitled an ordinance providing an official list of names for the thoroughfares of the City of Memphis and for publishing such list; also, providing for the naming of streets and other thoroughfares which may here- after be opened for public use. 2 Section 1068a passed November 28, 1906. 3 Section 1068b adopted March 5, 1908. See Minute Book ‘‘B,’’ Board of Public Works, page 65. CITY ORDINANCES. 617 STREET NAMES. Sec. 1064. Be it ordained by the Legislative Council of the City of Memphis, That thoroughfares not more than approximately two blocks long shall be designated as places. Places extending north and south and situated south of Madison avenue, shall carry the prefix “south.” Places running north and south and situated north of Madison avenue, shall carry the ate “north.” Places running east and west and lying east of Florida street, shall carry the prefix “east.” Places running east and west and lying west of Florida street, shall carry the prefix ‘‘west.”’ Sec. 1065. That thoroughfares less than twenty feet in width may be designated as alleys. Sec. 1066. That thoroughfares abutting or intersecting Madison avenue shall carry the prefix “south” for the thoroughfare, or part thereof, lying south of Madison avenue, and the prefix “north” for the thoroughfare, or part thereof, lying north of Madison avenue. Likewise, thoroughfares abutting or intersecting Florida street shall carry the prefix “‘east”’ for the thoroughfare, or part thereof. lying east of Florida street, and the prefix ‘“‘west’ for the thoroughfare, or part thereof, lying west of Florida street. Florida street is defined for the purposes of this section as the north and south base line of the city house numbering system, which lies in Florida street, and its northern projection to the intersection of Nettleton (formerly Trezevant street) avenue and Tennessee street; thence northerly with Tennessee street to its intersection with Beale evanile: thence northerly parallel with N. Main street to Bickford avenue; thence northerly parallel with North Second street to the northern city limits. Sec. 1067. That thoroughfares lying on approximately the Same line shall have the same name unless the intervening Space between the separate parts shall be greater than two thou-. sand feet. 618 CITY ORDINANCES. STREET NAMES. Sec. 1068. That thoroughfares more than twenty feet in width and more than two blocks long shall be designated as avenues if running east and west and streets if running north and south. Sec. 1069. That exceptions may be made to the provisions of the foregoing sections in the cases of thoroughfares designated as parkways and boulevards, and the further exception that narrow thoroughfares in the central business portion of the city may be designated as lanes. Sec. 1070. That the thoroughfares within the limits of the City of Memphis shall hereafter bear the names assigned in the list following in this section: NEW NAME FROM TO OLD NAME PA aI S AVS rts eee arose ere SRLVOED | poe ice Cen ee eesens Jewish Cemetery ....... Adams st. WeNeon ess gol eben rete Woodward a sts csrcs.me S. Bellevue boul. ...... Agnes pl Ala bpaimaiavc bio utc eecs WACKSON AVE cc. sneer etest ests Poplar aver eis rcs Alabama. st. MASK ATISTE: ol ll Serecctestarscoreicte VACKSOM AN wn elcome sere Vollentine’ Waves “25 2 2... ool. Walletth isto ams acters N. McLean boul. .......Autumn ay. Autumn Yav., 22345... NTO CGN a2 PER aE gets tects < Blinds tog cns els au alee tar eoeate Railroad or Ohio ay. (ATEN FAV ss AD) livre ie’ BLATT SUA ecm eniet neta aye WeECa bUPMSti nals. canerioreae Ohio av. a CITY ORDINANCES. 619 STREET NAMES. NEW NAME FROM TO OLD NAME SeENVeDVDlss DO sn. 2.5. emNCe edi Ped ss lenient se 0s E. Calhoun av. ........Avery av. INSETS Ehigy CBE esas gear MOSDYetsts miaaet we ke nde as Coe NGF Reese aaa, hele Ayers st. PN VG OM SUt GCG ala c soles 06 Poplar avs fous coset ste MGS yh (SUL ip ante rete tig: sca) state ae Jefferson ay. PA AER Sut Grcel aise isis «8 wd ATUGUMIN AAV. fold scl) etsreias oe JACKSON PAV em aicsrs deta sisrs arels Marley av. INES Ge (C1 i ean E. MeLemore av. ....... Bern eavit ter ‘a neey Azalia ay. Mem bacealipompl., 14... Poplar AV.) oss cee coed ARITUINIIN AV te vatsiectete staleis a2 Bacigalupo av. Wee Bakers als, BS. ..... Louisiana st., west Ist s. of Jackson Mound ay..Baker’s al. PaRCE BU Gy ayeeweeeecse Breedlove av. S. » bridge pl., O91. visk W. McLemore ‘av., s. 1st w. of Florida st. ....Bridge Sst. E. Brunswick tpl ki mekorcere Stone sewer emcees Neptune@s?st- eh cess cea Brunswick st. E. Butcher’s alley, E2..N. Front st. Ne des re rth con Sixth Stes canst Bp apease Alley n. of Sycamore st. E. Butler av., D6 ...... Sy ilain ati seis sv «eB, Calhoun, aveulterees Elliott av. Hes ULLEL Waves OO woken ons SolWaener ipl ies. eustice Su Malm SStee ws ce ccsetetes E. Butler st. W. Butler av., C6 ees Su Waser: plueb er ieee RT VELH Ft evcecieve tc drceieeicte ersietate W. Butler st. BY Cahitorniasave, .C8, cee lOmdawsts eens eters Texas Slot a ee eee Re E. Spangler av. W..) Oaliformiasay.,:-CS ten Biloriday sta pai ee weit ente Kentucky ist? scitits ewe W. Spangler av. W. California iayv., B87. ouisianae st.4..ssuees es River settee esse eeeeeees Coffee st. Hae Calhoun say "OG eerittlorida ostal mnticc eerie Ee Butler cave keer E. Calhoun st. W: (GCalhounvavs, /COur. Eb lorida sstiy meat a tmeice RAVER Sy OG ctnee sreuieeaere .W. Calhoun st. N. Wamilla ‘sts, G6" ./-¢ Madison cave nts stra kate Weiterson'>) av.) (sik esc7 Euphon av. S.,.Camilla ists; (G6 uc Union eavaisiean eee Oarr sive, ce shee teens Camilla st. S; sCamailla istictGond ect Madisonwavaienc.eyoncdineye LITQLOM | {AVer e eece terete eaote Draper st. S. ‘Camilla ssts5iGieweecn AMarreavsttcneieeee Bites NOs) ALALLWAY? nieintociea eer Florence ay. Cambridge av., D9 ..... Sselaim eta wjeia seers or Latham \:st:2 Aivacntatsea Cambridge av. 3, Cambridge av., E9 ..... Tatham st. o\ccsecaeen ee S.(Orleans st." science Malcolm av. | Cannon: st. 19 ak citute E. McLemore av. ........ BS TIS Haven ecisnere eeCannon ay. Gatnes | 2V.,. 19a nunened Lamar (a¥. oi. ceies0n% Joe BUNEPM I Ss cleaner Carnes ay. E. Carolina ay., D7 .....Florida st. to bayou e. of Rayburn boul. ....... Carolina st. ular ee Tata CITY ORDINANCES. 621 STREET NAMES. NEW NAME FROM TO OLD NAME BRarOUMae AV ye Luis ces VLIONE Sts as ocriseesresiee S. Wellington Biswas ats. .Woods alley. feoatOund av., Br ....FIOTIGA Sb. ccc sececsscss RAVOY Us gat nae ks satin sie W. Carolina st. aI aVe EG! we ce soles S. Somerville st. ....... Sap Willett tsetse aestaes «s Carre av. WARE GAVE GOS occ Se.cice oe Laat ae Sb emeets erctelcats, « citeierecs S. Somerville’ st: .2.:.. Lamar av. RPPOUL SVs, LS sansa s Marketmavinya sais sc sias'si-'« POplate aver cataaies ete « Carroll av. Pee Garrutgners pli. J4,..KMveroreen St. oc. ....cs006 Dickinson este meccaacces Carruthers av. Wnstatiag dbs, 149 occ). vee Cape AL Wa yo jscidecinctastes « Lamar av. : fa kictas Ss Trainor av. GAVCOMAVE, DD oe oi schb ce aicles WO PLVVELLOLEASGR is ce cin tis.0 slate KV lES Sta. sides siestiaaiete cis Cayce av. NN; Center lane, D3 ..... BGDIAr AV citeiiciele seas tise Bxchangel AVinya. 2. ctcicess Court pl. N. Center lane, D3 ..... MaAGIRODe QV.an dle.ees acs KREGUUOVM mars see ate ates Center alley. Ist w. of N. Main st. S. Center lane, D4 ..... Hae Me@ally pla ess tie MGCISOMM Wailea csels< ales Center alley. Ist w. of S. Main st. Wenitaieeay. | Lelist ics. ss AMAT CAV ak seis seeeeee See COO Peas sy per dietews cies Central av. Hescnapin: pls, Hy... .. Mississippi boul. ..... .-S. Simmons alley ...... Chapin av. Hosnaries, ples Hlo-s:... GE WIS ae SU cmc wecterie ere haere N. Bellevue boul ....... Charles ay. E. Chase alley, El ..... INP GoW WEL me Roa Gane N. Manassas st. ...... Alley n. of Saffarans st. Ghelseaw ave, FL oc. .8.. @helsearay,, beyond city limits! jones «cle sciieee ee New Raleigh rd. Chelsea av., El ....... AND OCCONGS Shame. se cites 6 Sev enthicast-ascers sei ete ders Chelsea st. mee Cherry pl., EZ ..... Mississippi boul. ....... Se RCPLCANISH Sema cere ete Cherry alley. Mester st. CG i. 0. 000 Balin Chae! tAcdomcneecnor: Wiser Butler Sava mressiscce ssc Chester st. Ne Ohoctaw alley, E2 ..Auction av. ......3.5.5: Ghelsean ave anes. saceace Sixth alley. Alley w. of Sixth st. Memenoctaw alley... 2... AUCTION: AV! 4.620060 « DAL iililler Qeae ee acer tcharerehereieret atts Grant alley. Alley w. of Sixth st. S. Church pl., D5 ....Gayoso ae SOUL LOA VO Uli allenic siiss cicreralt acevo ejate Short Third st. preeGnack | pls.) HS. 2.3%... WHCEST OAV iG wets tierssistetet ys ere Walker aveniiesiajaactenctse Clack st. eeGlaric alley, D3 ..... ING, SIOWGINAIEIA. comme Grade Bayous GAyOsQu cass. sc ete Alley n. of Market st. BEC aVOrOOk, §Sbt.,. Lo. ee OPlar AVe cco. oe ake overs MAC KSOMGN AV smc ctets « as 'sheltsre = Atkinson av. Peeneyprook ‘sts, 1h ..Jackson AV. cence. cece Viollentine: avi) «ces < Gilchrist av. Olayorook st. 14...Madison av. <0 ncsccaess Boplar Pavema cm cleats oc N. Claybrook av. OReyOLOGK) Sb, 10 4 .MadisOn AY. i205. %0ccnie. WLOMS BV ne 53 ok ais Sean 8. Claybrook av. Sem Olay brook, St.,. 16.,,.Peabody) aVs os .c..0 00a Harbertina Vermeer dea cteter Paradise alley. NeeOleveland: 86.5, 10) .»-Madison “ave ac. sccs5 eons Washington av. ........ N. Cleveland av. S. Cleveland st., I5..... MadisOmet AWat rocatl eetesis +: Centrale avwuedewa destaes 8S. Cleveland ay. Se Gileveland. &b2,) 16) s...UNIOMP AV. Waesves-crcecce Peabody AV. nasheenete Valley av. 8S. Clinton pl., F7 ....E. Georgia av., s. to alley Ist w. of Walnut st...Clinton st. 622 CITY ORDINANCES. STREET NAMES. NEW NAME FROM TO OLD NAME : Ss. Coahoma pls; GES isa Wiles se aiven ge. arene aioe Walkensivay lect cern dew aeues New Wallace av. N. Cochran pl., G4 ..... Poplar AVA ea canes sonia Meriwether av. ........ Cochran ay. Ee Cockenple, sDSiancnnes Ray burn: boul yesria. cre Tatham: 26b.3s. pees Maryland av. Cole satleyaioi. wea Rayburn boul., e. ist s. of E. Railroad ay. ..... Sawdust alley. E. \Colevalley,, “Di .28:: -,Rayburn boul., e. Ist s. of HE. Railroad av. ..... S. Wright av. He 'Colesalley; sDi een: Rayburn boul., e. Ist s. of E. Railroad av. ..... Wright alley. College 28t3 G9 aS bees Walkerayins..cocennen EK. McLemore av. ...... College ay. College: tst--- G9 eine nace. E. McLemore av ....... Be EM e Ss avs ee semmet Fowler av. Hy Coloradoeay..16 CSi. sh LOrId ay Stee sce tele eieras Ital G lyase eae ovens Cheeni ote E. Gaines st. 5 WW. Goloradozavs. -C8m.. 4h 1Orida sstt-a ne). cee Rivet aaisae sete meee W. Gaines st S. Colwell alley, C8 ....W. Jackson Mound av...W. Colorado ayv......... Colwell ay. Commerce ay., DE ..... NatPront ist jaeierae ae Bayou Gay OS0 a Wecnsgaete ent Commerce st. Comorestsy Eines aectir DEX OM CRA Vs opiecmyela asiercener Phelans) ave (cen serene Como st ‘ Como Sl Marbled ULC de Aha ey SAO BeeEruths auleyets, ccc Dixon ays ooo Meee Gardner st. Concord av.s) H2) isa. : INE -Bront Usk (oh sete een Bayou .Gayaso ssceceeane Concord st. Concord 2av.e,e HS waccee LIS Sts brine cence Rocca N. Manassas st. ........ Bradford st. Concordesave, tak Sua ss eiaes Jackson caveayes sees High Stars sc oecse acho ae Robeson st. i. Conduit eallev. aon aq. New orOntgests eee Otte eins IN CHOurths Stasis. reise Alley n. of Exchange st. - N. Convent pl., J5 ~ LAETSOM SAV scene eva cane Poplar? ayer 417 eviseteneae aes Idlewild court. S: Conways: alley,. 16: 4:8. 7O0rleans. ist.) 2s. sem tc McKinley sta" 22 enemas Conway’s alley. ING Cooper sts; Hla awe sic SLAC SOME LAV moat iene Overton: Parks ssh hanes N. Cooper av. 2 Along eastern city limits. Si. Coopenush. lis sei. Madisonmayvoe- acm ceries TAIT Vices Rieti eeeetete S. Cooper av. Along eastern city limits. W.. Corinth ply Big tem Kansas ish. acs eae ee erat Pennsylvania st. ...%... 8S. Broadway. ‘ Ss. 'Cossitte ples AGG) faces Eastmoreland av. ...... By listivals platens Cossitt pl. E. Cottage pl., D6 ..... Dre HOULtR Starter cer ae Turley. St ke sicee wea eres Cottage st. Court DIV SDA etek lets RAVCTanc te ho eon sere aes Nas Puckers stew eae eee Court st. SOULE ANA EO cinco chal rele N. Bellevue boul. CCE Montgomery st. ..... Erskine ay. GOUT UAV asin LO twister cies East End Park oles Gata Nv: Cooper istiecven ae cuies: Munson ay. N. Courthouse lane, E3..Madison -av. ........... Ghelsea: Say. secre eine Fourth alley. 1st e. of N. Third st. SCourthouse lane. DA Wmlom ye aVien ee cies toe Madison) aie ye ccioterecteers > Fourth alley. Ist e. of S. Third st. ES Courtland y ple, SGM ss.) axemberbuste ees S. Cooper mst. wen caer Courtland ay. Be Coward: pl: G65... Hast Sta nr ares wins ee Sia Dudley sist peace dds St. Paul st. @owiden 2avi.g Sa avarien: S. MeLean boul ........ See barksdale este sytem Logan ay. CITY ORDINANCES. 623 Cowden av., E. Coweta alley, H2 .. NEW NAME E. Crematory alley, F3.. E. Critchell alley, G4 ..Ayres st., e. Ist s. of Meriwether av. .......... Critchell av. N. Crockett Die ily oa. H. Coweta calleya iio Fs. Vollentine "avon oon asense Crockett av. ROUTE YL Spe ILS he) sual oo 6 VETOETCON: (Sly, vess ees elas Na Meoleam boule). o.. + Crump ay. HeCupbpins siley..Hl c..N. Hronty St.) o..s. cc. Maxwell st. ...........-Alley n. of Keel st. Crammines sts, G9... Walker "avne ook ob oe caen E. McLemore av. ...... .Cummings av. Cummings st., G9 ..... E. McLemore avy. ....... Bee Kerrey By k c3,sie ce ciare's Elliston ay. SMO VAILHL Ae DleetiOn vss. VANCE) BVs v2 de..os sce votes Site AULA VA sacce certo S. Cynthia st. S. Cynthia pl., E6 Wa LIVEN AV AE beerctle aicven tis WAT CEN TA Vitess. ste shie'cte aces Cynthia pl. ee axota, Plame. so... WIOPIda: OSs ten stan ee ore Nets Cae Remeron teen sateterens Morgan ay. WeDaler plese BGr s. sc.. TiGUISISNA MSU we ee fete eie ters Hrisco: eInclineyed. cae. es .New st. Ber Darnell, pl.gocs) ....: TEXAS RSts ey aa stepi te kiesiers is me Cem ivon buses. aeccstetela ¢ Darnell pl. SP AIPIAC. Pla ls Sciccets «6 Wisconsin av., s. Ist w. of Riverside boul ...... Beewawson pls, F200... Peytonest... Ws elst ‘Sh Of pailarans” AVS « saccases ce Short Saffarans st. He Dawson) pl.; F2>s.... Seventh st wie sae ois ees OVLOM ME tem cterecd gs Soe ste lene Dawson avy. MSGESUUMES. AGA creiciee'es © Washington aves -enekcs TACKSON ANG Piwack ot velaee Brinkley av. IDEGHGIT BE. 5) GAN ccs nerd soe Facksonsay.s seeseoe sce Chelsea Wave) spetele ictus rate Mosely ay. Melaware sts,.-AS %. 3. Wie Railroad’ caves Vac). os Brisco Incline § 1. sac. Delaware ay. Peewelaepls, EG s0....8 S. Lauderdale st., w. Ists. of Vance av. ....... Delia st. Beewelmar os eet te oP retae Diana av. WVERIMSOTNE Sis, cd -cenic see Poplars St vies cx ee is eae ACK SOME Ve we ticntelds (atv scalar Dickinson st. USOT Vater lis; «asters tsls ako Walnarta Stitinirctenida's sos INGDLUME NS. e cre ce seveie Chickasaw pl. DSOTI VHGA S) cheeses vie oo © Si. Orldanscst, Siaenks ss W ates Siler ea ea ateate erate Dixon st. E. Donahue alley, C9 ..E. McLemore av., n. Ist e. of Florida st. Beeworothy pl, HY ...:. S. Dove alley, F6 ...... Driver Driver Driver Driver Driver a ee ey ey ako 6 a ¢.¢.2) = wie FROM TO Via crs) Se Barkadalenst: a. slecees See Cooper -St.ar ac. « jbreedlove: Stet s21.cens,« TEWISe Slsg ate cia. © Concord av., e. 1st SGRA HTL BUT eee ey 8 eeeeee “STREET NAMES. OLD NAME, Cowden av. Coweta st. Crematory alley. ..--Donahue alley. Wood wards starva.emaeste.. S. Bellevue boul. ...... Dorothy pl. DUZELCER Slq mite ii d-thie eters Ont LUAILW AY, foetld shewisieias Suzette alley. Hy RaLITOAd Sayan mehaaests Hy LO WAR AV G ol saies Mostar s Cannovan ay. EK. George av., s. Ist w. ot Mississippi boul. ....Crawford st. LAIGCY 1 AVA irda le ects chee CUIVEI Singh aada teen casts Harris av. Beale: avo ey). hav oeheiere Sole eAANGEN (AV. o Wiasn ete eae Driver st. EK. Georgia av., s. Ist w. of Mississippi boul. ....Looney pl. 624 CITY ORDINANCES. STREET NAMES. NEW NAME FROM TO Driver St... Owe. elders Vance av., s. Ist w. of S. Lauderdale st ....... Driverssts, (Somber secs IWiackaW Javea naa Sestenals Walker javier Giacneecien S. Dudley st., G7 ...... Cann AV wart cova WH. ‘Railroad av... .0.. sce S., eDudleyustse iGO ra.) 0 UMLON Ve. Gin cereale me Carr cay. Ge tiasesiiiee S. Dudley st., G5 ...... Madison av... whee $ Union avec as Lees S. Dunlap. st., G6;...... NID ON SLAs ico ioe erate Vance savers a) ae sens Ni Dunlapgst.. Go... - Madison Aay.n, on spices oer Keel save £5 ck srrousemec ate S. Dunlap st., G6 ...... Madison) sAV; [2 sania crae aye Wao CAV ss Grace aia sae E. Dunn alley, G5 ..... S. Dunlap st., e. Ist s. of Union aye: veces Dunnavant )st.3 19 <..).1.5% E. McLemore av. ...... Park! Driveway ie oases IN. Dunscomb Apl ie scdemGo iN sukUcmukt. mre serene JACKSON SAV waits eeomciaet Be Dutropliy SBN cess cure S: lauderdale sst-cn. a... BL Railroad savers es cres Hastvist)s iGo ia. cee ois ties Wniony aVviet-seeacccees Be Coyard piper seek Mastst., Gl Claessens Bac Goward ip) ies seer BE. Railroad avec. Hastmoreland Aav., Gb....80.> BY. 2h vy... bwcaece S. Bellevue bowl ieeseiae Hastmoreland ‘vay.soclds seb ime wb. ac ace. cic neal S. «Watkins «steicanestnumer E. Eaton alley, C7 ....Michigan st., e. Ist s. of E. Railroad av. ....... We ohranwaley, C8 Hacc sete MOxag ESE: rosie cube ere ShSuecs bei oieteve Sit je) pli oueaetee oleate : Edith avi, WD9\ sa TONG praetor sien ote ee SL akoPovoharsiotets meves, Alley 2. .....N. Front’ at. oc. cin oneee Seventy strove sy essere stele’ Linden ay., D5 ......... BRIV OR a erdsxon aby Sek IASG SU shen: ne vasve eaten levers 629 (STREET NAMES. OLD NAME Kney av. Knight av. Koehler st. Center av. Kyle av. Lafayette av. LaClede st. Lockwood pl. Osage st. Lamar boul. Lane av. North st. or Lane av. N. Broadway. Lawrence st. Court st. Latham av. Park av. Yates av. Charleston ay. S. Lauderdale st. Lawrence st. Moore st. Gates av. Leath av. Ross av. McGehee ay. Lee av. Marks av. LeMoyne st. | Lenow st. -Alley n. of Concord av. Leon av. Grove st. Lewis ay. Alley n. of Mill st. Linden st. 630 CITY ORDINANCES. STREET NAMES. Linden favs, eGGmsransase Linden ay., K6 NEW NAME -LeMaster st. FROM PASC ISt seein aera S. Watkins st. TO Ry A cicecaaetn pal J S. Rembert st. a ear eC OLD NAME Overton ay. Mystie av. inden ave, G5) eeisos Se Remi berbestancn lence S: COOperrste as. siaccmes Eldone av. gE. Line plow weer Rozellssts; = westward 24 vs. oe lee cle eration erecta ene West st. Shue Don Folens LE l hese Wan Rallroad @avi9 mw acnes WW.) Var eine Haver am aoe s Litty pl. S.L Ett ye ph Baan haere W.. Georgia (avi, /s. Ist eof. Kansas Staessen. Short Kansas. Locke ast. KO occa So. Railway,? near Wamartav. cu enn - seems Locke ay. Lofiand av., A9 erase sie IVELSIGe GOO) tenis ce sete REVEL erite see ene te Lofiand av. IDEN DOES ADI awl deh Sg eaac SofHOurths sts sce. S.- Wellington: st..:4-csaste Long av. Looney avis we eater NRE TONG Stiopiee oot N. Main st. .............Andrews ay. LOONCY: -aVing Baie scr. INS UM aI E SEAT fects coneqenete, ces A Vere Sts, asf va seusteeriee Looney st. Louisa st., F8 ....... ...E. Railroad av. ...... Walker av. ......... ....-Louisa st. WOWISAHSG.,, CHO mteersate rete IW TITAS FAV coe acy. ter seperencs Walker Javiuicto cme acta Church st. Louisiana sSt., WBS econ eee WV GCORDIae diver Sa eenet. Olkdahomaava snes Louisiana ay. Tyouisiana ste, 0 poe. se -Oklahoma: ay... beyond: city. limits: secarunt aceon Shepherd ay. S. Lueas alley, G6 ..... Om UR aILWay i7\.myo tira Be Georgia ave ene ae Lucas alley. Ist e. of Suzette st. KE. Lucerne pl., D8 AG Rayburn OU Ae ie iateccts) cna Latham “stoic camecn ones Lucerne ay. E. Lueille pl., F6 ......Bet. Walnut, Neptune and E. Railroad av. ...... Lucille alley. LUCY VO eae ieee ares BIOTIC Stat sn cts sate S- Orleans St.) recat Lucy av. LUC y avi HOU Sosst evenet Ss.Orleans sty ccs meus RACE MSts te Lesion cine sateen Arcadia pl. N= Lumpkin ost; worn elena Mulberry st. E. Muller pl., H2 obeavere .Decatur st., e. Ist n. of Jackson av. .............-Muller court. Myrtlerst,, Ss tsicieietate'< eA en Tavis ener Pontotoeiaveneur aaa Bowen pl. Myrtle ist..o8 G2). ntkie ies eUIRILON SAVE at oe ese ers So. Railway 4.9: wsecraees Myrtle st. 7 E. McCall pl., C5. ...... SOV AONE Diemer pias eee Se MAIN Stet alee, sae McCall st. 2 NoMeDavitt pl. Sh? JackSOn! avs use ee eae 6 Sallarans -AVa denise telesales McDavitt av. ; McDowell st., F8 ...... SWALTAMS AV. inset te clase Walker ayick alesse seins McDowell st. j McDowell st., F8 ...... Walker Av. G.iiou esse uses SAXOMUAV iis cslsure ante janie Murray av. MeKinleyst:, (Re ncctee 6 St. SPaul avske seen ace B.oRailroadsavic. seas McKinley st. N. McLean boul., K3 ....Madison av. ............. JACKSONVAV carlsson antes : ...N. McLean av. 2 S. MeLean boul., K6 ....Madison av. ............6- E. McLemore ay. ......:. S. McLean ay. W. McLemore av., B9...Florida st. .o....0.....+ Louisiana) Sse .cen one McLemore ay. Ko Meliemore aye: Loss. blordarsts cei sacn acer Ss Rembertash. warts -McLemore ay. N. MeNeil st., 15 ..... oe MAGISON AV. Wide :c'e< 35 nei Poplar tits... see ceae een N.. McNeil av. N. MeNeil st., 14 ....... Poplar wavcrcineanmec cscs Overton] Park avers Willodene av. S. MeNeil st., I5 ....... ePACISOM A View tee ii clolersisvele Uniongavataiaccas< cme .S. McNeil av. Ee:MeNulty ‘alley,D2 0a. N/R rontest. ii. ssiienia- siete N. Courthouse alley ....Alley n. of Overton st. Nebraska: av.,: B9><).%s. SIGANISAS TSU rR cit crore miorere Louisiana y Sts. sce tee Nebraska av. N. Neely st., F4.......- MAdTSONS AV: ne hie conios ae ee NGAIMNS AV Oe Once aeetaeee N. Lauderdale st. Nelson av., (KS. .ci sr ~.hvozellst., sbeyond city limits: <2 s.cmemele nee «sete Nelson av. Neptune st., G7 ..... gate Os , GROLIWIAM B's op ec srs eile Hy Melemoresay. xt uone Robeson av. S22 Nesbitt (place ache siete WA LITATIS HAV: esc iouens lereterelets Walker avi wahiaas wees Nesbitt st. EK. Nettleton av. ........Tennessee St. -.2......6 sO NED AML SSUs ater ra ialteke heen Trezevant Ps S. Newell alley, E8 .....Williams av. ....... Stirs Wiad lKersavs chs iete ae Meiers LaRose alley. ist e. of S. Wellington st, Oak SteMObee cee ee wise - Chelsea Gave! ass incre City; Limits eee siete Oak st Oakview st., J8 ..... aise IAM AT MAV On ite pievercitrenaate Son allways oucer scenes Oakview ay. Ohio AV; CAS wettenra seals -oeArkansas st., w. Ist s. of W. Georgia ay. ........ Leonard st. Oklahomaay., BI tees Pennsylvania st. ........ Riversides boulsaceseetncr Mound av. : Oliver iavj, Sivonen. rise on LC LCaTl sDODIe ayer en Cooper st.) s.ceo.ce ee Oliver av. Olympic st. dle se usei SP ACKSON DiAVas aiinicis wien tneters ~Vollentines avin cence eee Olympic av. E. Orgill p., 19 baw sees Wilson Sts OU es eratave .Dunnavant ost-cec cece Orgill Ne N. Orleans Stes We cic ets «Madison! av.c ces. sece ces -Poplareay:, wccemuaaemene N. Orleans st. S.. Orleans st., F6,9....Madison AVG nccperemerds Park Driveway ee: -S. Orleans ‘st. Orphanage av., G2 ..... oN. Manassas st. .....00 SAVTOS BEA oe isco mata alte Greenlaw st. CITY ORDINANCES. 633 NEW NAME FROM TO Overton Park av., 13 ...N. Waldran boul. .......N. McLean boul, .... RIVeECONM bUti BVe,) Ko. ew DECALUL) Ey oun eee ct os rate N. Waldran boul. ... SSVETLOD AVS, Wc ge ds aie' se Nai Brontistayeseat:s cas. Bayou Gayoso ...... Barkosuegm ll crt al celete Pea CHEISCR OAV hae sig wala kte ote Citys limitsiees eaters Boe ASACeNnasplig ELD) (ass eeAIILON) Ve) | sate selerse ce are SING Gee UV ere arcane aferaters es PAELONMSGsry DO views dinates SUVA RED AN ee rusdatiae ates sLALCYY DV ie anes oe Seca sania N. Pauline st., G4 ..... .Jefferson av. vet eteeeeees Roplarsavens wacwes oe Rayner st. ............+. Rodgers av. Roland jets aSa. desis eee Centrale aye. cinies-accel ek SO. Ran Way, = pats erent Brown ay. Roland St; ad dice velslorece Harbert WAV Fees eee eee ae Centralwavernics feck aon Roland av. S. Ropers alley, H7 S. Rosentine pl., H6 ....Carr av. ROVSter Sti, Jit 2k oh eens Poplarcay.,- Daelst eof Ne Wallet stata. -at eer Royster ay. ozell StS aeteae ae ete sCentralvavow wuxsone ates on SOm Va Walyers aero -Rozell av. Rozell stim Geto. wee as $ SUMIOM WA Vig Neer tents ecto Harbert awe rvsstx. see sana. Hollywood ay. ROZeU Stier di (neces wraae PSELANDELU Ta Viera ae etiewett ees Central) av. ssc taaiicase Annesdale av. Rozelljst-s J 9s veasw cack -Cayce av., s. Ist w. of Kyle st. ........5..5...-% McLaurin av. EB. Ruth alley,o 26)... ; Driver /st.g. wry, LSt) SsMOfs Vance) av. aeckemen. ween Ruth alley. E. Runnimede pl., 14 ...N. Claybrook st., e. Ist mn. of Poplar av. ........- Runnimede ay. BE. Ry Gerla Sins acs. oo.) NOMerVILIEIShac ies cae DT AIMESS SES bs totais oe po serene Ryder ay. Da aTANS laVes kt aes ee a ERUAVIOT, re usiaic a ecors Oehe ines Grats DeCaturast= Aiaconkeuecase Saffarans st. N. Sanderson alley, G4 ...Mosby st. .......0...0.0 K. Winfred alley ........ Sanderson alley. Saupaleswalikeye ab (i erumrysree W. Virginia av., n. le. oL-Arkansas "Sto.5%.cesce Sales alley. Sesanterd ply. seiGmeaeie. E. Ruth alley, s. Ist e. of S. Wellington st. ..... Sanford st. Sardis ust.. “D9 penn. Fates WAT CV ap SUA caaities closet sieuetee Park Driveway.nnece eee Meriwether av. Saxon av., G9 abe ees .»» Neptune Met Se LATINA: A Vata sce eeic een anes Ce ee SUo eile eicemrits So. Railway TGAINAPHANAE it eee erent eee eee eee ese Ropers alley. Rosentine ay. Gollesessti hesumicsecsiote Collins av. CITY ORDINANCES. 635 STREET NAMES. NEW NAME FROM TO OLD NAME Pa ONM AV ce teeta, wate c +0 Kimbroughestan, -aesie 1s; Wilson st. : Ne SO aE Oe Idaho ay. SAX OMMSAV. aokl Oinse dead «is 8. Somerville st. ........ S. Bellevue boul. ....... Laurel st. AX OMe aVegtul Gore clelente ss ce 8. Orleans st. ...........Mississippi boul. ....,...Moore’av. Saxon Ae OD rte crclaicieteuare Mississippi boul. ........ INeGp GUN esStowencc: evcree sr 0s Saxon ay. E. Schorr alley, C6 ....Tennessee st., e. Ist n. of E. Calhoun av. ....... Shelby avy. Desclniarealleye D4y.. sue HTOnt Stress. sass) 2s See CLIN OS CONS tet atectte Alley n. of Monroe st. Deattler st. KSs ove. ccs BGCHOmAVe mS aelshe Car Gla tinin iG Streeters cecil Laurel av. De PeCONGEstss WD ws cree <6 IMac disOmea vin erate asc sre. e.vse.e Eas Cal hOUne avatecste sea S. Second st. Bm SeCONCs Slay OG: te dase BCALG AVer <0 sleie ce veleie eee Be Cal ountaviet. ees St. Martin st. Sy secona:sts, C6) siaas.« Be CalnguueaVe esas oe dee He Georpla aves A. ysacn ee Lea st. N. Second st., D4 ....... Madison eave beyond sGlty, Lanitsicas cracls ae ciee «a2 N. Second st. SF second ‘st:5 C6) ves. We SUter Ain verenit sos eistens Ide MOM OINGERIAL Cb obmcee Todd st. S. Settles alley, F7 ..... PHELAN AV s terete sete e es PD TXOMe AVA Ue cehetere fare a-ha Phelan alley. DGVEIUL ME Stems blames see «sn PACKSOML AV. oc-n wtieliste cies Chelsea ys avissnres acct oote Seventh st. SEVENGM’ Sites Wd ~ c:. ole dciene Ghelseam av. e beyond Welty Limits sem at cio. cee siehe Randolph road. WEVETSON, AV. HG son ce S. Somerville st. ........ S. Bellevue boul. ....... Severson ay. Neeshnankss plas fince a... JACKSONGAV Neel shy encOL SCVENLD SL.) haan sas en elstete Shanks pl. PUA We Dig cH Oise. crc a> Haennetter pliai:s cj. DAXOMT AV aes tas Sale artis sienche Shaw av. Heesnes, alleys: DS fs. ..a: Na Brontysteae te stone ene s Bavow Gayoso. fan stecies Alley n. of Poplar st. SPE OMITICYs Dlo.8 HOU sees s « WMLONWAV ys cence eters eons Beale avec Seiitiests.c starsat Shirley st. S. Simmons pl., E7 ..... BOK aViewintpiele es cton eer e E. Railroad av. se neeeees Simmons ay. SIMPSON’ AVe4 Wr wes ec Ihathamests +. tern etait. S. Wellingtons st.© 2... .- Parker ay. Simpson av., BO" eek ote, S. Wellington st., e. Ist s. of E. McLemore av. ..Powell pl. SUNTOSOM AV. OF le vesle ies Oo Har Rite stetioat le ae Yi eM. ha Ries... 5. Simpson ay. Simpson av., D9 i202... Rayburn boul ime cer ceric. HAtharneustem cmc ctete 3 Simpson ay. BRU Str ys Latin d cabucd lun, aa 4 ATIGLIONE Stemeiaetaer tarsi Chelseaqrac® cia-vsecre sities a,e Sixth st. SHLOMO CUAV tele (hia ota sien ete Sa Dudleyist.c.6 oece.nteet S. Bellevue boul. ....... Sledge av. NaeomItn alley eT see: He Carolinaray., iste we of Rayburn, boul. ats .ce: Moore’s alley. NesSOmMervillen st.) How os MaAdISON AV. c.cs.dcleres esd CfeTSONVAVs ..caeesccaes N. Somerville av. BS oomerville: sta, Hic. lamar ave, os. voce vere e OVERALL Wyse stetetrescls eteters Borland av. SE SOMETViLLGcst.. HOy aos WNION BVA sicies ce eteiaes cleo Care eavind. te ciecients airs «oe Durant st. S. Somerville st., H8 ...E. Railroad av. ...... shew, McLemore av. ....... Elmwood av. S. Somerville st., H5 ...Madison av. ............. RITION! CAV ate str eters S. Somerville av. ’ Southern av., K9 ....... Rayner st., e. along Southern Railway .......... Southern av. BEM Estes LLars.ty.e home. VACKSOM p AV preter ce dtaaeiers Vollentines aves sess. a: Lula av. E. Stephens DIA ESa ses, Mississippi boul. ........ =. Lauderdale: st. ...0. 4. Stephens av. Sse John pl., Hi ac... Geral) avi sotian cece nets Be Georria aves St. John st. 636 - CITY ORDINANCES. STREET NAMES. NEW NAME FROM TO OLD NAME St. Paul av., D6 ........ S. Main st. .......... ...8. Wellington st. ...... .Clay st. St; Paul “ave we kndoe S. Wellington st. ......: S. Lauderdale st. ....... Frazier st. St. Paul avai Sean S. Lauderdale st. ...-... Wialnitt. SE pein ene St. Paul st. Strattman, Town; D7)... Rear No.7786 Rayburn -bulll.0. 42s sete ees Strattman’s Hill. sStrattman Town, D7... %. Rear’ No. 286 Ry Railroad ay. vess vious. Wee ate Yellow Bottom. SUNIMET HAV, Neuter ethers NixDunscomb iplekiceaes IN@ Manassasist arctic s tes Stanton st. | SUNIMEY sa Ve alee ecin teers N. Manassas st., beyond: city inits (2. ). i. ccs se oe Summer ay: Suzette sst..w HG teesiandec. So. RaTLWayon cw icen aire Ey Georciavavi ecto Suzette st. SUZCEUCTSEL HE Timur oats EK. Railway av., north, east of Walnut st. 1 ae st. Swayne ists, | Gliges.> emits Chelseacavigr Oris erosmce ints Coie nie bie ee eres Swayne av. SY.CAMOTE fav, uaoveien cer RIVER, Wee a aitatioate Belem eae Sitethh Stay ow aateenes ee Sycamore st. : Hace alleyih2 Saeee INES ROM: bapbAeeentc yecktene tiers N. Courthouse alley ....Alley n. of Auction st. Palbotway.. (Obie cae en GEVOR Ss5- cia" ed s Secreta total DS CCONGESE: | weer an aeee Talbot st. He Dalley ples Os note ate Cummings st,,°e€5 1st n..0t Benne erave ies crt Grace av. Tanglewood st., L7 ..... Harbert: savin aeon emer So; Railways =. ccnese esis Tanglewood av. Pate savas eG weiss aes SucOrleangmsts revs cine otis Walaug ssh. an at geen cae Tate st. PennNessee ust 5st wa el. Beale rave aware rine Wis Georsia vii saeco Tennessee st. Wexagst.q C8 We eae: biels Be Calhoun avin ssa. BL WROTE ave ganten eae es Texas av, K. Texas alley, C9 ...... Florida st., e. Ist s. of E. McLemore av. ....... Texas alley. N. Third st., D4 efeitos Sie Madison. st:,* beyond “e1ty limits..\.5.. 02 a .cles woe N. Third st. Sip Waele beste ml Dipti aia set By GeOLe lara Viewys1 iinet te oe Res Rar Oa AVelcaeee eeiee Dean av. SS OULITG eB ts eG ce: dense ASTON CANS rs oe race eierats 3 E. Georgia av. Bhd iene Hernando st. S> hard “etry: ae ca cae Madison FAV... cer cee Oy UMION SAV) slaesue one ae S. Third st. S. Third st., Dia terrre ater E. Raiwroadsavs ware Ey LOwa Vs bases anaes Preston av. SEITE Soe WS cams ae TOW A SAV ulead -aesan ently tale E. McLemore av. ....... Poston av. Phomasssti wh un ean ee ae Chelsea ay., beyond- «ity limits ............. + vee Lhomaseaye Nea onl -alleye shia. stents ACTION AV. acral ences Gheslseaty avin tiers scenes Fifth alley, Alley w. of Fifth st. . Triangle alley, D7 ...West of Rayburn beul. and n. of E. Railroad av.. Triangle alley. E Bee'Primble ply abc. 208 a Diaheteby hacen cer Sos Cooper etiinso ee aes Adams av. . He eLruth alley, BVon). sec so Ol On sbe 1meinerecns weet sae Micktinleys sty. asies ss ues -Dixon alley. IN dneker Sti, Ak reute te Madison Sty svcpice access Poplar savages o.itesac ces N. Tucker av. S.e Lucker st 15 iste moa ison seems serene ies Unionraviesns ve teeees -..-9. Tucker av: Turle ya Steg eG were cracrcran © WaANGCCLAVai: ccieiel seiieeroee HB Utler ay... acta c eierstore Echols st. hurley stu dbices seme eit. AS OALS MAWES clei leche use a oats Pontotoc!av. =<... ale -Turley st. B. Lurner alley ioh4 4. .weNe Brontaste tease see IN 2Orleansusts sanwvecnrn .-Al. n. of Washington st. CITY ORDINANCES. 637 STREET NAMES, NEW NAME FROM TO OLD NAME paeluirbin alley, 7% 2%). IDE nea We Ace eke abies Hee LO WALA Va oeee tree Turbin pl. Wen irigecay.s, BS J... Bloridac St: a. aqme ie Rivers eke hee oak W. Trigg av. Along southern city limits. EK. Trigg av., WO treater s/s o'e Florida ,st., e. along southern city limits ........ FE. Trigg av. ae EV SON Dloy i Olbuviavier ee Bietbatl tod tiv auesagleraters er IDR Mabe aecle ath gir GARE a See Michigan alley. MTOR Vea Gal. a e's Bo Rront atic. tose is dees RIVELM aae sisters latinas ess Howard Row. Deion RV Gedo yes veces SEOs MANASSAS Sts vewcercc css Sit Cooper: St-veeraceue ane Union av. MAIO EAV OT ce aasts «nae SE PONG Sban sa elaaie stereos. s Sh MUPRECED EMS lidacHinne Union st. Utah av., Beery ann Kansasusti, i. nekine catetes Riverside boul Ot shes Meacham av. AVTINGE SANs, gfe BiOu vavate ercté, ale UU CLIMAaaraisiolettre elertreicteicit ase SAP WALKING (Stints theme eee Vance st. WESEY: AVee Ut is icles 0/16) ©. 'e 6 o-%e 0) 0) 0) 0) pe Je) @: © 10.0) 0) 6) 8 ee he BETO SU eS CRS a i ene Pree Ca. Its Secretary. STATE OF TENNESSEE, SHELBY COUNTY. Berore™ Mest. eww ea chee SO ee ee , a Notary Public in and for said State and County, personally appeared J. J. Williams, with whom I am personally acquainted, and who, upon oath, ac- knowledged himself to be the Mayor of the City of Memphis, the \"ithin named bargainor, a corporation, and that he as such Mayor, being authorized so to do, executed the foregoing instru- CITY ORDINANCES. 7 25° WATER BONDS. ment for the purposes therein contained, by signing the name of the City of Memphis, by himself as Mayor. Witness my hand and seal of office at Memphis, Tenn., this Notary Public. . TATE OF TENNESSEE, SHELBY COUNTY. RISEN Ae at gs Sony ae, Uae aisle a 6 ae os , a Notary Public in and for said State and County, personally appeared W. B. Armour, with whom I am personally acquainted, and who, upon oath, acknowledged himself to be the Secretary of the City of Memphis,. the within named bargainor, a corporation, and that he as such Secretary of the City of Memphis, being authorized so to do, executed the foregoing instrument for the purposes therein con- tained, by signing the name of the City of Memphis, by himselt as Secretary of the City of Memphis. a4, 60 6.6). @ 6 fe! ©) O1 er 6 a sp ai. a « een 0 (9) 6 '¢ Notary Public. STATE OF TENNESSEE, SHELBY COUNTY. EME MELT SNE A tox Giles 0%) sx avins es Sata ea 3348 0 She , a Notary Public in and for the State and County aforesaid, personally appeared J. T. Fargason, with whom I am personally acquainted, and who,. upon oath, acknowledged himself to be the President of the Memphis Trust Company, the within named bargainor, a cor- poration, and that he as such President, being authorized so to: 726 CITY ORDINANCES. WATER BONDS. Bonds to ‘be deposited with Trustee. do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation, the Memphis Trust Company, by himself as President. © 0 0 6 6 0 oe 6 8 6m 8) B06. 6 6) 6. 0. Use) «| (6) 6 ere Notary Public. STATE OF TFNNESSEE, SHELBY COUNTY. Before?me,” oh. oi a ee ee eee , a Notary Public in and for said State and County, personally appeared W. R. Stewart, with whom I am personally acquainted, and who, upon oath, acknowledged himself to be the Secretary of the Memphis Trust Company, the within bargainor, a corporation, and that he as such Secretary, being authorized so to do, executed the fore- going instrument for the purposes therein contained, by signing the name of the corporation, the Memphis Trust Company, by himself as Secretary. @ 0 0) 8 ee eee (65s 68S 60 te te) @ Se) © 1e.ue eer Notary Public. Sec. 1180. That the Mayor and Secretary of the city shall cause the 3500 bonds of $1,000 each mentioned in said mortgage to be properly lithographed, and when the same have been so lithographed they shall be signed by the Mayor and have the corporate seal of the city affixed thereto, attested by the city Secretary, and said bonds when thus lithographed and executed on the part of the city shall be deposited with the Trustee uncer the mertgage, to be issued, certified and delivered from time to time pursuant. to the provisions of the mortgage, and CITY ORDINANCES. ii of WATER BONDS. not otherwise. The Mayor and Secretary shall cause notice to be given in the manner provided by said act approved April 14, 1903, of the sale of $1,250,000 of bonds, Numbers 1 to 1250, both inclusive. Such sale shall be at public sale only, by and after inviting sealed bids by advertisement for eleven consecutive days in the Memphis Morning News, the same being the official paper of the City of Memphis, and being a daily newspaper published in the said city; and the said Mayor and City Secretary are also authorized in their discretion to publish for such time or times as they may deem proper in such other papers in the City of Memphis as they shall determine and also in one or more financial papers or newspapers in the City and State of New York a notice or notices in brief form of.the sale of said bonds. Said bonds shall not be sold below the par or face value thereof, free from any sales commissions or brokerage. The right to reject any and all bids shall be reserved. The said notice otf sale of bonds may also provide that in the event that the highest bidder for said bonds shall fail to take the pay for the same at the time and place appointed, the said bonds may be awarded to the next highest bidder without any readvertisement, and so on to the next highest bidder until the said bonds shall have been actually paid for. The proceeds of the sale of said $1,250,000 bonds shall be paid to and received by the Tax Receiver of the City of Memphis, and his receipt to the purchaser for the purchase price thereof shall be a full acquittance to the said purchaser, and the purchaser shall not be bound to see to the application of the purchase money. So much of the said proceeds as may be necessary to pay the Artesian Water Company the cash payment to be made to that company upon the delivery of the conveyance of its said water plant and property to the City of Memphis shall be paid over by said Tax Receiver on the order of the Mayor of the city to the said Artesian Water Company upon the delivery of Proceeds of the sale of bonds. 728 CITY ORDINANCES. WATER BONDS. Preamble. the conveyance by said Artesian Water Company to the City of Memphis of its water plant and property in such form as shall be approved by the Mayor and City Attorney, and when such ccn- veyance is received it shall be immediately recorded in the proper registry office of the Coan of Shelby, and the possession of the said plant shall simultaneously with the delivery of the said deed be delivered to the said City of Memphis to be managed and con- trolled by the Board of Water Commissioners of said city under the laws and ordinances, rules and regulations of the city in (hat behalf. The Mayor and City Secretary and the Board of Water Con- missioners are hereby vested with full power and authority to do all acts and execute all papers that may be necessary to carry out and complete the transfer and purchase of the said water plant and property from the Artesian Water Company. Sec. 1181. That all ordinances, and parts of ordinances, in conflict with, or inconsistent with, this ordinance be, and the same are hereby, repealed, and that this ordinance shall take effect from and after its passage." NO. 3.* RESOLUTION. Whereas, Under the terms of the trust deed executed by the City of Memphis to the Memphis Trust Company, now Bank of Commerce & Trust Company, of date May 1, 1903, conveying to said Trust Company, as Trustee, the Artesian Waterworks, for the purpose of securing certain bonds therein mentioned, it was provided as follows: “It is further understood and agreed that bonds Nos. 1,251 to z,000, inclusive, and Nos. 3,251 to 3,500, inclusive (unless bonds 1 Sections 1176 to 1181, inclusive, passed May 9, 1903. *For ordinance providing for sale of $250,000 4 per cent. Water Bonds, see ordi- nance April 13, 1901, Minute Book E, pages 501, 548, 578. 729 WATER BONDS. Nos. 3,251 to 3,300, or part thereof, shall be used as provided in the foregoing paragraph, and in that event bonds Nos. 1,251 to 2,000 and bonds Nos. 3,800 to 3,500, inclusive, and such part of bonds Nos. 3,251 to 3,300 as are not used in exchange as afore- said), shall be placed in the hands of the Memphis Trust Com- pany, to be certified and delivered to the party of the first part at such time or times and in such amounts as may, in the dis- cretion of the said Memphis Trust Company, be deemed neces- sary and judicious, for making further expenditures for per- manent improvements on or additions to the waterworks plant and property of said party of the first part. Such certification and delivery shall be made at such times and in such amounts as may be required by the Legislative Council of the City of Memphis; provided, however, that the Trustee herein named concurs with said Council in the necessity for such further expenditures, improvements or additions. “The necessity for the expenditures, improvements and addi- tions hereinbefore referred to, and the actual cash cost of the same, shall be made to appear to the satisfaction of the Memphis Trust Company from a certificate of such competent engineer as it may see proper to appoint, and from a resolution of the City Council, together with a report of the City Engineer approving such expenditure, the cost of such examination and report, so tar as the Memphis Trust Company is concerned, to be borne by said company.” And, Whereas, The Water Commissioners have filed their peti- tion with this Council, setting forth that they have expended in improvements and construction $83,980.40 in excess of the bonds heretofore issued for that purpose, and setting forth furthermore that the sum of $116,019.60 is necessary for the payment of further permanent improvements and additions to the water- works plant, to be made in the near future, and stating that it 730 CITY ORDINANCES. WATER BONDS. - To sell $200,000 of water bonds. Advertise for bids. Bids. ig necessary that bonds to an extent of $200,000.00 be sold for the purpose of paying for the said permanent improvements already made and those now contemplated ; and, Whereas, The City Engineer has submitted to the Legislative Council his written report approving such expenditures; there- fore be it Sec. 1182. Resolved, That the Legislative Council of the City of Memphis hereby approves such expenditures and declares that it is necessary that $200,000.00 of the said bonds be sold for the purpose of paying for such permanent improvements, which im- provements the Legislative Council now declares to be necessary and judicious; be it further Resolved, 'vhat the Bank of Commerce & Trust Company (form- erly Memphis Trust Company), Trustee as aforesaid, be and is herein requested to certify bonds Nos. 1,452 to 1,651, inclusive, each of the denomination of $1,000.00, aggregating $200,000.00, and deliver same to the City of Memphis when the same shall have been sold, as hereinafter provided; be it further Resolved, That the Mayor and Secretary are hereby instructed to advertise and sell said bonds at public sale, by and after inviting sealed bids, by advertising for eleven consecutive days in at least one daily newspaper published in the City of Memphis and in at least one financial paper published in the City of New York, N. Y., and also in one such paper in the City of Chicago, Ill., and said bonds shall not be sold at a price below their face or par value, free from any sales, commissions or brokerage, and no bid shall be received for less than par and accrued interest; be it further Resolved, That no bid for said bonds shall be received unless it is accompanied by a check for $5,000.00, payable to the order of E. M. Douglass, City Register, and certified by some bank doing CITY ORDINANCES. 731 WATER BONDS. business in the City of Memphis, the said check to be collected and the proceeds forfeited to the City of Memphis in the event the purchaser of the bonds fails to carry out the terms of his purchase. The checks of unsuccessful bidders will be immedi- ately returned to them; be it further Resolved, That the sale of these bonds shall take place on Sale, Wednesday, the 18th day of April, 1906, and that notice of such sale shall require all bidders to file their bids with the City Register not later than 12 o’clock, noon, on said date, the 18th day of April, 1906, at which time the Legislative Council shall convene for the purpose of opening the bids and awarding the bonds on that day to the highest and best bidder, for cash; be it further Resolved, That upon the sale of said bonds, the proceeds thereot ea va shall be paid over to the Water Commissioners, to be deposited | and kept by them, as provided by Section 4 of the mortgage afore- said, and expended by them solely for the purpose of paying for permanent improvements of the artesian water plant, as above set forth, and for no other purpose; be it further Resolved, That this resolution be published in the Memphis News Scimitar, as provided by Section 3 of the Acts of 1903, Chapter 339; be it further Resolved, That this resolution take effect from and after its passage.* 1 Article 74 passed March 10, 1906. EY, CITY ORDINANCES. WATER BONDS. ‘Preamble. NO. 4. RESOLUTION. Whereas, Under the terms of the trust deed executed by the City of Memphis to the Bank of Commerce & Trust Company, of date May 4, 1903, conveying to said trust company as Trustee, the artesian water works, for the purpose of securing certain bonds therein mentioned, it was provided as follows: “It is further understood and agreed that bonds Nos. 1251 to 2000, inclusive, and Nos. 3251 to 3500, inclusive, (unless bonds Nos. 3251 to 3300 or part thereof shall be used as provided in the foregoing paragraph, and in that event bonds Nos. 1251 to 2000 and bonds Nos. 3300 to 3500, inclusive, and such part of bonds Nos. 3251 to 3300 as are not used in exchange as aforesaid) shall be placed in the hands of the Memphis Trust Company to be certified and delivered to the party of the first part at such time or times, and in such amounts as may, in the discretion of the said Memphis Trust Company, be deemed necessary and judicious for making further expenditures for permanent improvements on or additions to the water works plant and property of said party of the first part. Such certification and delivery shall be made at such times and in such amounts as may be required by the Legislative Council of the City of Memphis; provided, however, that the Trustee herein named concurs with ‘said Council in the necessity for such further expenditures, im- provements or additions. The necessity for the expenditures, , improvements and additions hereinbefore referred to and the actual cost of the same shall be made to appear to the satisfaction of the Memphis Trust Company, from a certificate of such com- petent engineer as it may see proper to appoint, and from a reso- lution of the City Council, together with a report of the City Hngineer approving such expenditures, the cost of such examina- tion and report, so far as the Memphis Trust Company is con- cerned, to be borne by said company.” CITY ORDINANCES. 733 WATER BONDS. Whereas, The Water Commissioners have filed their petition ‘with this Council, setting forth that they have expended in improvements and construction $36,170.04 in excess of the bonds heretofore issued for that purpose, and setting forth furthermore that the sum of $163,829.96 is necessary for the payment of fur- ther permanent improvements and additions to the water works plant to be made in the near future, and stating that it is neces- sary that bonds to the extent of $200,000 be sold for the pur- pose of paying for the said permanent improvements already made, and those now contemplated; and Whereas, The City Engineer has submitted to the Legislative Council his written report approving such expenditures; there- fore be it Sec. 1183. Resolved, That the Legislative Council of the City of Memphis hereby approve such expenditures, and declares that it is necessary that $200,000 of the said bonds be sold for the purpose of paying for such permanent improvements, which im- provements the Legislative Council now declares to be necessary and judicious. Sec. 1184. The Bank of Commerce and Trust Company (for- merly the Memphis Trust Company), Trustee as aforesaid, be and fiiiereby requested to certify bonds Nos. 1652 to 1851, in- clusive, each of the denomination of $1,000, aggregating $200,0vuuU, and deliver same to the City of Memphis when the same shall have been sold, as hereinafter provided. Sec. 1185. The Mayor and City Register are hereby instructed to advertise for sale said bonds at public sale, by and after inviting sealed bids, by advertising for eleven consecutive days in at least one daily newspaper published in the City of Memphis, and in at least one financial paper published in the City of New York, and also in one such paper in the City of Chicago, I]l., Expenditures made and to be made. Approval of City Engineer. $200,000 bonds to be cer- tified. Adver- tisement, 734 CITY ORDINANCES. WATER BONDS. Bids. Sale. Proceeds. and said bonds shall not be sold at a price below their face or par value, free from any sales commissions or brokerage, and no bids shall be received for less than par and accrued interest. Sec. 1186. No bid for said bonds shall be received unless it is. accompanied by a check for $5,000, payable to the order of E. M. Douglass, City Register, and certified by some bank doing busi- ness in the City of Memphis, the said check to be collected and the proceeds forfeited to the City of Memphis in the event the purchaser of the bonds fails to carry out the terms of his pur- chase. The checks of the unsuccessful bidders will be immedi- ately returned to them. Sec. 1187. The sale of these bonds shall take place on Mon- day, the 15th day of July, 1907, and that notice of such sale shall require all bidders to file their bids with the City Register not later than 12 o’clock, noon, on said date, the 15th day of July, 1907, at which time the Legislative Council shall convene for the purpose of opening the bids and awarding the bonds on that day to the highest and best bidder for cash. Sec. 1188. Upon the sale of said bonds the proceeds thereot shall be paid over to the Water Commissioners, to be deposited and kept by them as provided in Section 4 of the mortgage afore- said, and expended by them solely for the purpose of paying for permanent improvements of the artesian water plant, as above set forth, and for no other purpose. Be it further Resolved, That this resolution be published in the Memphis Commercial Appeal, as provided by Section 3 of the Acts of 1903, Chapter 339.* 1 Passed final reading Thursday, June 27, 1907. CITY ORDINANCES. 735 WATER BONDS. NO. 5. ORDINANCE. An ordinance authorizing the issue and sale of $1,009,000 water bonds of the City of Memphis. Whereas, under and by virtue of the provisions of an Act of the General Assembly of the State of Tennessee, passed and approved on January 28, 1899, being Chapter 32 of the Acts of 1899, and an act of the General Assembly of said state amendatory thereof, approved aay 14, 1903, being Chapter 339 of the Acts of 1903, and the Constitution and other statutes of said state, in such case made and provided, and ordinances and proceedings of the City of Memphis duly had and adopted, said city acquired and purchased the water properties, plants and francnises of the Artesian Water Company, and authorized an issue of water bonds ot said city in an amount not exceeding $3,500,000, for the pur- pose of enabling said city to make such purchase, and to provide for the retiring of the bonded indebtedness of said Artesian Water Company, which indebtedness was assumed and agreed to be paid by said City of Memphis as a part of the purchase price of such properties, and for the purpose of making such improvements upon and extensions of said water properties and plants as might become necessary; and, Whereas, There are outstanding and unpaid bonds of said Artesian Water Company to the amount in par value of $1,009,000, which bonds were assumed and agreed to be paid by said city, and are a part of the bonds of said Artesian Water Company described in the mortgage made by the City of Memphis to the Memphis Trust Company, Trustee, dated May 1, 1903, to secure the payment of said $3,500,000 water bonds of said city; and, Whereas, under the terms of said mortgage and of the ordi- nances and proceedings of said City of Memphis authorizing the issue of said $3,500,000 water bonds, there were deposited in the Preamble, 736 CITY ORDINANCES. WATER BONDS. To sell $1,- 009,000 water bonds— numbers, Bids. etc, possession of the Memphis Trust Company $1,300,000 par value of said $3,500,000 water bonds of said city, said $1,300,000 bonds being numbered from 2001 to 3300, both inclusive, and said $1,300,000 bonds, numbered as aforesaid, being so deposited in trust for the purpose of providing for the purchase or acquisition of outstanding bonds of said Artesian Water Company described in said mortgage and assumed and agreed to be paid by said city; and it is necessary or desirable that $1,009,000 bonds of said $1,800,000 bonds shall be sold and the proceeds thereof applied to the purchase or acquisition of said $1,009,000 out- standing and unpaid bonds of said Artesian Water Company; now, therefore, Sec. 1189. Be it ordained by the Legislative Council of the City of Memphis, That said City of Memphis issue and sell at not less than par and accrued interest, $1,009,000 out of said $1,300,000 water bonds of said city, being part of said issue of $3,500,000 water bonds of said city, issued in accordance with and described in said mortgage made by said City of Memphis to the Memphis Trust Company, Trustee, dated May 1, 1903, said $1,009,000 bonds being of the denomination of $1,000 each, $9,000 of said bonds being numbered from 2292 to 2300, both inclusive, and being payable May 1, 1909, $50,000 of said bonds, being numbered from 2301 to 2350, both inclusive, and being payable May 1, 1910, and $50,000 of said bonds, being numbered from 2351 to 2400, both inclusive, and being payable May 1, 1911, and so on, $50,000 bonds being payable May 1 each year of the next succeeding numbers to and including bond numbers 3000, the last $50,000 bonds thereof, numbers 3251 to 33500, both inclusive, being payable May 1, 1929. Sec. 1190. The Mayor and City Register are hereby authorized and instructed to invite sealed bids for said bonds up to 2:50 o'clock p.m., January 27, 1909, by advertisement for eleven CITY ORDINANCES. 737 WATER BONDS. consecutive days in the Memphis News Scimitar, a daily news- paper published in the City of Memphis, and a similar or a shorter notice in such other newspapers published in said city, or in other cities, as they may deem best. Said bonds shall be sold at public sale only, and at a price not below the par or face value thereof, free from any sales commission or brokerage. The advertisement for said bonds in said Memphis News Scimitar may be in substantially the following form: MEMPHIS, TENNESSEE, WATER BONDS. $1,009,000 BIDS FOR BONDS INVITED. Notice is hereby given that the City of Memphis will receive sealed bids at the office of Ennis M. Douglas, City Register of the City of Memphis, Tennessee, at the City Hall in said city, until 2:30 p.m., on January 27, 1909, for $1,009,000 City of Memphis water bonds, dated May 1, 1903, being part of an issue of $3,500,000 bonds authorized by Chapter 32 of the Acts of 1899, as amended by Chapter 339 of the Acts. of 1903, $9,000 bonds, numbered from 2292 to 2300, both inclusive, being payable May 1, 1909; $50,000 bonds, numbered from 2301 to 2350, both inclusive, being payable May 1, 1910, and $50,000 of said bonds, numbered from 2351 to 2400, both inclusive, being payable May i, 1911, and so on, $50,000 bonds being payable May 1 each year of the next succeeding numbers to and including bond number 5900, the last $50,000 bonds thereof, numbers 3251 to 3300, both inclusive, being payable May 1, 1929. Said bonds bear interest at the rate of 4 per centum per annum, payable semi-annually, May 1 and November 1. Said bonds are an absolute and general obligation of the City cf Memphis, and are also secured by a first mortgage on all the watcrvorks plant of said city, said mortgage and the statutes authorizing the same making full provisions by which, in the Form of advertise- ment for bids, Bonds, gen- eral obliga- tion of city. 738 CITY ORDINANCES. WATER BONDS. Sale. Proceeds. event of possible foreclosure a purchaser at foreclosure sale has exclusive franchise and can charge rate sufficient to pay the principal and interest of said bonds. No more of said $1,009,000 bonds shall be issued and delivered to the successful bidder than will be necessary, together with any premium they may bring, to produce the sum of $1,009,900. No bid of less than par and accrued interest will be considered. Each bid must be accompanied by a certified check on a responsi- ble bank or trust company, located in Memphis, payable to the -order of the City of Memphis, for 1 per centum of the par amount of bonds bid for, the bonds to be delivered and paid for at the Farmers’ Loan & Trust Company, in the City and State of New York, as early as practicable after the sale of the bonds, and after five days’ notice to the purchaser. The right is reserved to reject any and all bids. The legality of the bonds and mortgage and all proceedings for issuance of same have been approved by Dillon & Hubbard, copy of whose opinion will be furnished to the successful bidder. Copy of circular giving statistics as to the City of Memphis, and copy of bond, mortgage and statutes under which bonds are issued, also blank forms for bids, can be obtained from the undersigned or from Dillon & Hubbard. nr Pe BA Mayor. Sec. 1191. The sealed bids shall be opened by the Legis!ative Council of the City of Memphis at 2:30 p.m., January 27, 1909, and action taken immediately thereon. Sec. 1192. The proceeds of the sale of said bonds shall be applied to the purchase or acquisition of the $1,009,000 outstand- ing and unpaid bonds of the Artesian Water Company, described in the mortgage of the City of Memphis to the Memphis Trust Company, Trustee, dated May 1, 1903, assumed and agreed to be CITY ORDINANCES. soo WATER BONDS. paid by said city, and said old bonds shall be deposited with the Trustee under said mortgage dated May 1, 1903, to be dealt with as provided in said mortgage. See. 1193. This ordinance shall, after its introduction, be published once in the Memphis News Scimitar, a daily news- paper published in the City of Memphis." NO. 6. ORDINANCE. AWARD AND SALE OF $1,009,000 WATER BONDS. Whereas, the City of Memphis passed an ordinance entitled, “An Ordinance Authorizing the Issue. and Sale of $1,009,000 Wa- ter Bonds of the City of Memphis,’ which ordinance was duly ap- proved by the Mayor on January 11, 1909, and published as required by law, said ordinance providing that said $1,009,000 water bonds should be advertised for sale, bids to be received at 2:30 o'clock p.m., January 27, 1909, action to be taken on said bids by the Legislative Council of said city; and, Whereas, said bonds have been duly advertised for sale, as provided in said ordinance, and bids have been received for said bonds, and John H. Watkins having bid par and accrued interest on said bonds, is the highest bidder therefor; now, therefore, Sec. 1194. Be it ordained by the Legislative Council of the City of Memphis, That said $1,009,000 water bonds described in said ordinance be and the same are hereby sold and awarded to said John H. Watkins, at said purchase price; and the proper officers of this city and the Bank of Commerce & Trust Com- pany, formerly the Memphis Trust Company, Trustee under the mortgage dated May 1, 1903, to secure the payment of $3,500,000 bonds, of which said $1,009,000 bonds are a part, be and the same are hereby authorized and instructed to cause said $1,009,000 1 Sections 1189 to 1193 (No. 5 ordinance) passed January 11, 1909. 740 CITY ORDINANCES. WATER BONDS. Preamble. bonds to be delivered to the purchaser thereof on payment of the purchase price therefor, such purchase price to be paid to the Farmers’ Loan & Trust Company, in the City and State of New York, which company is to receive the same on behalf of the City of Memphis and apply the same in payment of the $1,009,000 outstanding water bonds of the Artesian Water Company men- tioned in said ordinance, and the receipt of said Farmers’ Loan & Trust Company to said purchaser for such purchase price shall be a full acquittance to the purchaser, and the purchaser shall not be bound to see to the application of the purchase money. Sec. 1195. This ordinance shall, after its introduction, be pub- lished once in the Memphis News Scimitar, a daily newspaper published in the City of Memphis." NO. RESOLUTION. Whereas, under the terms of the trust deed executed by the City of Memphis to the Memphis Trust Company, new the Bank of Commerce & Trust Company, of date May 4, 1903, conveying to said trust company, as Trustee, the artesian water works, for the purpose of securing certain bonds therein mentioned, it was rrovided as follows: “It is further. understood and agreed that bonds Nos. 1251 to 2000, inclusive, and Nos. 3251 to 3500, inclusive, (unless bonds Nos. 3251 to 3300, or part thereof, shall be used as provided in the foregoing paragraph, and, in that event, bonds Nos. 1251 to 2009 and bonds Nos. 3300 to 3500, inclusive, and such part of bonds Nos. 3251 to 3300 as are not used in exchange as afore- said), shall be placed in the hands of the Memphis Trust Com- pany, to be certified and delivered to the party of the first part, and at such time or times, and in such amounts as may, in the 1 Ordinance making award of $1,009,000 Water Bonds passed January 30, 1909. CITY ORDINANCES. 741 WATER BONDS: discretion of the said Memphis Trust Company, be deemed necessary and judicious for making further expenditures for permanent improvements on or additions to the waterworks plant and property of said party of the first part. Such certification and delivery shall be made at such times and in such amounts ag may be required by the Legislative Council of the City of Memphis, provided, however, that the Trustee herein named concurs with said Council in the necessity for such further ex- penditures, improvements or additions. The necessity for the expenditures, improvements and additions hereinbefore referred to, and the actual cash cost of the same, shall be made to appear to the satisfaction of the Memphis Trust Company from a certifi- cate of such competent engineer as it may see proper to appoint, and from a resolution of the City Council, together with a report of the City Engineer approving such expenditures, the cost of such examination and report, so far as the Memphis Trust Com- pany is concerned, to be borne by said company.” Whereas, the Water Commissioners have filed their petition with this Council, setting forth that they have expended in improvements and construction $101,715.94 in excess of the bonds heretofore issued for that purpose, and setting forth, fur- thermore, that the sum of $148,284.06 is necessary for the pay- ment of further permanent improvements and additions to the waterworks plant to be made in the near future, and stating that it is necessary that bonds to the extent of $250,000 be sold for the purpose of paying for the said permanent improvements al- ready made, and those now contemplated; and, Whereas, the City Engineer has submitted to the Legislative Council his written report approving such expenditures; there- fore, be it Sec. 1196. Resolved, That the Legislative Council of the City To sell $250,- of M his her ; 000 water emphis hereby approves such expenditures and declares that jonas. 1: is necessary that $250,000 of the said bonds be sold for the CITY ORDINANCES. WATER BONDS. Bids. Sale. purpose of paying for such permanent improvements, which improvements the Legislative Council now declares to be neces- sary and judicious. Sec. 1197. The Bank of Commerce & Trust Company (form- erly the Memphis Trust Company), Trustee, as aforesaid, be and is hereby requested to certify bonds No. 1451 and Nos. 1852 to 2000, inclusive, and Nos. 3301 to 3400, inclusive, each of the denomination of $1,000, aggregating $250,000, and deliver same to the City of Memphis when the same shall have been sold, as hereinbefore provided. Sec. 1198. The Mayor and City Register are hereby instructed to advertise for sale said bonds at public sale, by and after invit- ing bids, by advertising for eleven consecutive days in at least one daily newspaper published in the City of Memphis, and said bonds shall not be sold at a price below their face or par value, free from any sales commission or brokerage, and no bid shall be received for less than par and accrued interest. Sec. 1199. No bid for said bonds shall be received unless it is accompanied by a check for -$5,000, payable to the order of EH. M. Douglass, City Register, and certified by some bank doing busi- ness in the City of Memphis, the said check to be collected and the proceeds forfeited to the City of Memphis in the event the purchaser of the bonds fails to carry out the tee of his purchase. The checks of the unsuccessful bidders will be immedi- — ately returned to them. Sec. 1200. The sale of these bonds shall take place on March 4, 1909, and that the notice of such sale shall require all bidders to file their bids with the City Register not later than 2:30 o’clock p.m. on said date, at which time the Legislative Council shall convene for the purpose of opening the bids and awarding the bonds on that day to the highest and best bidder for cash. CITY ORDINANCES. 743 Sec. 1201. Upon the sale of said bonds the proceeds thereof shall be paid over to the Water Commissioners, to be deposited and kept by them as provided in Section 4 of the mortgage aforesaid, and expended by them solely for the purpose of pay- ing for permanent improvements of the artesian water plant, as above set forth, and for no other purpose. Sec. 1202. This resolution be published in the Memphis News Scimitar, as provided by Section 3 of the Acts of 1903, Chapter 339." ARTICLE 74. ORDINANCE NO. 1. Providing for the issue of $250,000 of bonds for the purchase and improvement of parks and parkways. Sec. 1203. Be it ordained by the Legislative Council of the City of Memphis, That under and by virtue of the provisions of Chapter 142, of the Acts of the regular session of the Legislature of the State of Tennessee of 1899, the City of Memphis will issue, and the Mayor and Secretary of the Board of Fire and Police Commissioners are hereby authorized to execute and deliver, $250,000 of bonds, to be designated as “Memphis Park Bonds,” the same to be issued, and the proceeds thereof to be used exclusively for the purpose of acquiring and improving parks and parkways for public use. Sec. 1204. Be it further ordained, That there shall be five hundred of said bonds of the denomination of $500 each, and PARK BONDS. Proceeds. City issue may $250, - 000 park bonds. Bonds dated 1901; all of said bonds shall be dated January 1, 1901. Said bonds 2°"! Shall be payable thirty years after date, and shall bear interest at the rate of 4 per cent. per annum, and said interest shall be evidenced by attached coupons maturing semi-annually, and the principal of said bonds shall be payable in the City of 1 Resolution No. 7, sale $250,000 Water Bonds, passed January 30, 1909. cent, to be Arp ale run 30 and interest. 744 CITY ORDINANCES. PARK BONDS. Form of bond. Memphis, and oe interest coupons shall be payable in the City of New York or in the City of Memphis. Said coupons shall each bear the lithographed signature of the Mayor and of the Secretary of the Board of Fire and Police Commissioners of said City of Memphis. Sec. 1205. Be it further ordained, That the form of said bonds and coupons shall be as follows: STATE OF TENNESSEE, COUNTY OF SHELBY, CITY OF MEMPHIS. | PARK BONDS. INDO otha acetates, $500. The City of Memphis, of Shelby County, State of Tennessee, a municipal corporation created under the laws of Tennessee, hereby acknowledges itself indebted and firmly bound unto the holder of this bond in the sum of five hundred dollars, and prom- ises and obligates itself to pay to the holder hereof, in Memphis, ‘tennessee, on the first day of January, 1931, the.sum of five hun- dred dollars, with interest at the rate of 4 per cent. per annum, payable semi-annually on the first day of July and January in each year until maturity, on the presentation and surrender ’ of the proper coupons in the City of New York or in the City of Memphis. This bond is one of a series of bonds, aggregating $250,000,. and is duly and legally issued under and in pursuance of and in ‘strict conformity with an ordinance of the Legislative Council of said City of Memphis, adopted on November 8, 1900, under the authority of an act of the Legislature of said State, being Chap- ter 142 of the Acts of 1899, entitled, “An Act to amend an Act entitled ‘An Act to establish Taxing Districts in this State, and to provide the means of local government for the same,’ being Chapter 2 of the Acts of 1879, and the acts amendatory thereof, sc as to authorize and empower the Taxing Districts and cities organized under said act to acquire, improve and maintain parks for the benefit of the public.’ Said series of bonds, of which CITY ORDINANCES. this is one, is secured by trust deeds upon certain parks and park lands owned by said City of Memphis, and fully described in said trust deeds. But it is expressly provided that this bond and the coupons hereto attached shall not create or carry any general liability against the City of Memphis, but the holder of this bond, and said coupons, shall look solely to the security of said trust deeds and said parks and park lands for the payment hereof. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuing of this bond have been done and performed in regular and due form, as required by law, and that the total indebtedness of the City of Memphis, including this bond, does not exceed the limitations imposed by law. In testimony whereof, this bond has been signed by the Mayor of said city, and the Secretary of the Board of Fire and Police Commissioners thereof, with the seal of said city here- unto affixed, and the coupons hereunto attached, authenticated by the lithographed signature of said Mayor, this first day of Jganuary, 1901. CITY OF MEMPHIS, Secretary of Board of Fire and Police Commissioners of the City of Memphis. (FORM OF COUPON.) $10.00. The City of Memphis, Shelby County, Tennessee, prom- ises to pay to the bearer the sum of ten dollars ($10.00) on the ee OMVOOLe gesagt. note ine the City. of New York;, or in the City of Memphis, being for six months’ interest on Park TOTO Oyo a2 CITY OF MEMPHIS, Secretary of Board of Fire and Police Commissioners. 745 PARK BONDS. 746 CITY ORDINANCES. . PARK BONDS. Mayor em- powered to execute trust deed. Sec. 1206. .Be it further ordained, That to secure the payment of the principal of, and interest on, said bonds, the Mayor of the city is hereby authorized and empowered to execute trust deeds upon the parks and park lands aforesaid, to the Memphis Trust Company, as Trustee, the form of which deeds shall be as Form of trust deed. follows: STATE OF TENNESSEE, COUNTY OF SHELBY, CITY OF MEMPHIS. TRUST DEED. The City of Memphis, a municipal corporation under the laws of the State of Tennessee, and of the County of Shelby, in said State, for the consideration of five dollars ($5.00) to it in hand paid, and other good and valuable considerations hereinafter ap- pearing, has bargained and sold, and does hereby bargain, sell, convey, grant and confirm to the Memphis Trust Company, Trustee, certain parcels of ground near to the City of Memphis, Shelby County, Tennessee, described as follows, to-wit: ee er a Se Ye TOR TO OR SN ee MY a OT ee Pea TM a CW eat ue YT WN eC Pe ey re Oe The said City of Memphis hereby covenants to and with the said Memphis Trust Company, Trustee, as aforesaid, that it is seized in fee of the premises aforesaid, that it has good right to grant and convey the same as herein done, that the said premises are free from encumbrances, and that it will forever warrant and defend the title thereto against the lawful claims of any and every person whomsoever. But this is a trust deed, for the uses, purposes and trusts following, and none other, to-wit: The said City of Memphis, by virtue of Chapter 142 of the Acts of the Legislature of 1899, has issued $250,000 park bonds, dated the 1st day of January, 1901, payable in said city, and maturing in thirty years from date, the same bearing interest at the rate of 4 per cent. per annum, payable semi-annually in the City of New York, or in the City of Memphis, and evidenced by coupons. thereto attached. CITY ORDINANCES. Now, should the said City of Memphis fail to pay the prin- cipal of said bonds, or the interest, or any part thereof, upon said bonds as the same shall mature, respectively, then the said Memphis Trust Company, trustee, shall, after thirty days’ ad- vertisement in any daily newspaper published in the City of Memphis, offer the above described property for sale, and sell the same to the highest bidder for cash, and apply the proceeds, first, to the expense of making said sale; second,.to the payment of said bonds and the then accrued interest thereon that shall then remain unpaid, the whole of the then unpaid bonds to at once mature, in the event aforesaid, for the purposes of said fore- closure; and all of said bonds, with accrued interest thereon, in that event, to share equally in such proceeds of sale; third, the balance, if any, to be paid to the said City of Memphis. But, should the said City of Memphis discharge the interest upon said bonds as the same shall mature, and pay the principal of the aforesaid bonds, respectively, as the same shall mature, then this trust deed shall be null and void, and the title to the prem- ises aforesaid shall at once, and without more, revert to said City of Memphis, the said Memphis Trust Company, trustee, upon the full and final payment of the bonds and interest afore- said, to reconvey said premises to said City of Memphis. In witness, the Mayor of said city and the Secretary of the Board of Fire and Police Commissioners thereof, have executed this trust deed and attached thereto the seal of said city, this 1st day of January, 1901. Sec. 1207. Be it further ordained, That on the back of each of said bonds said Memphis Trust Company, trustee, shall certify as follows: “The Memphis Trust Company hereby certifies that the within bond is one of a series of five hundred Memphis Park Bonds, ag- 747 PARK BONDS. Trustee’s certificate. 748 CITY ORDINANCES. PARK BONDS. gregating two hundred and fifty thousand dollars, which are equally secured by the deeds of trust therein mentioned. rae Lasts hod aie aati) dre ena fed , Trustee. VBY Sees Ron See , President.” Passed final reading November 8, 1900. J. J. WILLIAMS, Mayor. Attest:. W. B. ARMOUR, Secretary. ORDINANCE NO. 2. AN ORDINANCE to provide for the issuance of park and park- way bonds in the sum of $1,000,000.00, under the provisions of an act of the Legislature, being House Bill No. 175, ap- proved February 26, 1909. May issue Sec. 1208. Be it ordained by the Legislative Council of the $1,000,000 ey City of Memphis, That for the purpose of raising the funds to bear LN ey cag wa acquire the property known as the Southern Railway Company April 1, 1909, : 5 2 on payable Yards, in Memphis, Tennessee, and such other property in the ele eee vicinity thereof as may, in the judgment of the Park Commis- sion, be necessary for park and parkway purposes, and to com- plete the park, parkway and boulevard system of the city, the City of Memphis, under the authority of and in accordance with, the provisions of the act of the General Assembly of Tennessee, approved February 26, 1909, being House Bill No. 175, will issue the negotiable bonds of the City of Memphis in the amount of one million dollars ($1,000,000.00). Said bonds shall bear interest at the rate of four and one- fourth (414) per cent. per annum, payable semi-annually, and said bonds shall bear date April 1, 1909, and shall mature April 1, 1959; and the principal and interest of said bonds shall be payable in lawful money of the United States at the office of the United States Mortgage & Trust Company, in the City of New. York, State of New York, or at the City Hall in Memphis, Tennessee, at the option of the holder. CITY ORDINANCES. The interest on said bonds shall be payable semi-annually, and shall be evidenced by coupons attached to said bonds, paya- ble April 1st and October 1st of each year. Said bonds shall be of the denomination of one thousand dol- lars ($1,000.00) each, and shall be signed by the Mayor and City Register of the City of Memphis; and the interest coupons shall bear the printed or lithographed fac-simile of the signature of the Mayor. Said bonds shall be in substantially the form set forth in Section 2 of the act approved February 26, 1909, hereinbefore mentioned. Sec. 1209. Be it further ordained, That said bonds shall be sold by the Park Commission of the City of Memphis for the best terms offered, at such times and in such amounts as the Park Commission determines, provided the said bonds shall not be sold for less than par. The cost of printing and the expenses of sale of said bonds, and a brokerage or commission to the purchasers or others not exceeding one-eighth of 1 per cent. of the amount of bonds sold, may be paid out of the proceeds of sale of said bonds, whether the same are sold at par or above par. Said Park Commission shall have entire charge and control of the sale of said bonds, and the Mayor and City Register shall execute and deliver the same, when called upon so to do by said Park Commission. Seria. Be it further ordained, That the entire proceeds of the sale of said bonds, when and as sold, shall be paid over to the Park Commission, and, after the payment of the cost of printing and all expenses of the sale of said bonds, the pro- ceeds of sale shall be used as follows: 1. Not more than the sum of five hundred thousand dollars ($500,000.00) shall be used for the acquisition, by private nego- tiation or condemnation, of the property in the City of Mem- PARK BONDS. Form of bond. Sold by Park Commis- sion—how and when. Proceeds of sale—how to be used. Southern Railway yards. 750 CITY ORDINANCES. PARK BONDS. Commission to pay in- terest. Faith of city pledged for payment, etc. phis known as the Southern Railway Company’s yards, and such other property in the vicinity thereof as, in the judgment of the Park Commission, may be necessary for park purposes and park- ways and boulevards in connection therewith; provided, that if said Southern Railway Company’s yards cannot be acquired on terms reasonable and proper, in the judgment of the Park Commission of said City of Memphis, bonds to the extent of five hundred thousand dollars ($500,000.00) only*shall be issued here- under, and the proceeds thereof shall be used as hereinafter pro- vided. 2. The residue of the proceeds of sale of said bonds, or, in the event said Southern Railway Company’s yards cannot be acquired as provided herein, then the proceeds of sale of bonds in the sum of five hundred thousand dollats ($500,000.00) shall be used in completing the system of parks, parkways and boule- vards of the City of Memphis, and shall be used and expended by said Park Commission in such manner as it deems best for completing and perfecting said system.. Sec. 1210. Be it further ordained, That the Park Commission of the City of Memphis is hereby given irrepealable power and authority, and is directed to pay the interest on said bonds evi- denced by the coupons thereto attached, as the same matures, out of the taxes collected by said Park Commission under the existing law. Sec. 1211. Be it further ordained, That the City of Memphis does hereby pledge its full faith and credit for the payment of the principal and interest of all of said bonds, according to their tenor; and the City of Memphis hereby pledges and obli- gates itself, in addition to all other taxes authorized by law, to levy a tax to pay said bonds and \coupots at their maturity, provided that the tax levied for said Park Commission shall not be sufficient to pay said bonds and coupons as they severally become due. CITY ORDINANCES. \ 751 STREET IMPROVEMENT BONDS. Sec. 1212. Be it further ordained, That this ordinance shall, without any other ordinance or act upon the part of the Legis- lative Council, be full and complete authority for the issuance of said bonds, and for the sale and delivery thereof by the Park Commission of the City of Memphis. Said bonds shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregu- larity or defect in the proceedings or the issue and sale thereof, and shall be incontestable in the hands of bona fide holders tor value. All ordinances and parts of ordinances, general or special, so far as they are inconsistent with this ordinance, are hereby repealed. Sec. 1213. Be it further ordained, That said bonds shall be sold to the highest bidder after being advertised daily for thirty (30) days in some newspaper published in the City of Memphis, by the Park Commission.* Passed final reading April 16th, 1909. ARTICLE 75. ORDINANCE. AN ORDINANCE authorizing the issuance and sale of street improvement bonds of the City of Memphis, Series 1, of 1909, to provide means to pay not exceeding two-thirds of the esti- mated cost of certain street improvements, and repealing the provisions of any and all ordinances and resolutions inconsist- ent herewith. Whereas, by resolution of the Legislative Council of the City of Memphis, heretofore adopted and approved by the Mayor on the 7th day of January, 1909, the offer of the Bank of Commerce & Trust Company to purchase at par and accrued interest $252,- 000 par value of the 6 per cent. certificates of indebtedness of 1 Ordinance No. 2 passed April 16, 1909. Full au- thority to issue bonds. Bonds not in- valid for any irregularity. To be sold ta highest bidder. Preamble, 752 CITY ORDINANCES. STREET IMPROVEMENT BONDS. the City of Memphis, to be issued in the amounts and under the various improvement certificate ordinances mentioned in said resolution was accepted, which ordinances are hereby referred to by their numbers as follows: Improvement Certificate Ordi- nances Nos. 1, 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 15, 2G) oye 26, 27, 30, 31, 32, 34, 35, 37, 39, 40, 41, 44 and 46; and, Whereas, in and by a certain resolution of the Legislative Council, adopted January 9, 1909, supplemental to said last — named resolution, a statement of the amounts of said certifi- cates of indebtedness so awarded and sold under each of said improvement certificate ordinances, respectively, was ordered spread on the minutes, together with a statement of the respec- tive amounts authorized by said improvement certificate ordi- nances, and a statement of the difference in each case between the amounts authorized and the amounts so sold, from which it appears that said differences amount, in the aggregate, to the sum of $8,100; and, Whereas, none of said certificates of indebtedness so agreed to be purchased and sold have been executed or delivered except the certificates sold under Improvement Certificate Ordinance No. 3, in the amount of $13,500; and, Whereas, it is deemed advisable, instead of issuing the balance of said certificates of indebtedness (other than those heretofore issued and delivered under Improvement Certificate Ordinance No. 3), to issue and deliver street improvement bonds under and pursuant to the provisions of an act passed by the General As- sembly of the State of Tennessee, on the 15th day of February, 1909, and approved by the Governor on the 20th day of February, 1909, known as Senate Bill. No. 282, amending Chapter 341 of the Acts of 1907, approved April 11, 1907, and to include in said issue of bonds the additional amount of $6,000, representing a portion of the aggregate excess of the amounts authorized by said improvement certificate ordinances (other than Improve- CITY ORDINANCES. ify) STREET IMPROVEMENT BONDS. ment Certificate Ordinance No. 3) over and above the amount so awarded said Bank of Commerce & Trust Company, thus mak- ing the amount of bonds to be issued hereunder $245,000, a sum not in excess of two-thirds of the total estimated cost of the improvements more particularly described in said improvement certificate ordinances (other than Improvement Certificate Ordi- nance No. 3); and, Whereas, it is deemed advisable to provide in said bonds that they shall mature and be payable at the respective due dates mentioned therein without any right or option of the City of Memphis to pay the principal thereof prior to their respective dates of absolute maturity; and, Whereas, said Bank of Commerce & Trust Company has agreed to accept the bonds hereinafter authorized in the aggregate amount of $245,000, without option of redemption prior to the dates of their absolute maturity, in lieu of the balance of the cer- tificates of indebtedness heretofore awarded them, not as yet executed or delivered, and to pay therefor par and accrued in- terest; and, Whereas, the Legislative Council has heretofore estimated and does hereby estimate the cost of the various street improvements hereinbefore referred to (other than the improvement described in Improvement Certificate Ordinance No. 3), said ordinances being referred to by their numbers; No. 1, Laclede avenue, be- tween La Belle place and Lauderdale street, $3,340.00; No. 2, Orleans street, between Beale avenue and Tate street, $9,750.00; No. 4, Belvedere place, between Union avenue and Poplar avenue, $7,816.25; No. 5, College street, between East McLemore avenue and Trigg avenue, $3,947.38; No. 7, Gaston. avenue, between Fatton street and South Wellington street, $5,866.07; No. 9, Azalia street, between East McLemore avenue and East Trigg avenue, $5,611.26; No. 10, Pine street, between Unicn avenue and Linden avenue, $3,071.68; No. 12, South Willett street, between Harbert 754 CITY ORDINANCES. STREET IMPROVEMENT BONDS. avenue and Central avenue, $4,096.26; No. 13, North Montgomery street, between Poplar avenue and Autumn avenue, $8,810.73; No. 14, Beale avenue, between South Fourth street and South © Orleans street, $15,832.50; No. 15, Jackson avenue, between North Manassas street and North Bellevue boulevard, $15,740; No. 16, Decatur street, between Jackson avenue and Vollentine avenue, $9,428.27; No. 17, North Dunlap street, between Jackson avenue and Keel avenue, $10,447.55; No. 18, Peabody avenue, between East street and South Somerville street, $6,477.00; No. 22, Ayres street, between Jackson avenue and Vollentine avenue, $9,330.55; No. 24, Carr avenue, between South Somerville street and South Bellevue boulevard, $4,053.60; No. 26, Rozelle street, between Central avenue and Harbert avenue, $3,655.00; No. 27, Hast Jo- seph place, between Ayers street and Breedlove street, $4,873.95; No. 30 Woodlawn street, between Jackson avenue and Loo- ney avenue, $4,042.50; No. 31, Jackson avenue, between Nortn Main street and Auction avenue, $12,678.60; No. 32, Jackson ave- nue, between Auction avenue and North Manassas street, $7- 074.04; No. 34, Peabody avenue, between South McLean boulevard and South Rembert street, $6,080.82; No. 35, Florida avenue, be- tween Virginia avenue and Trigg avenue, $22,313.44: No. 37, Large den street, between LeMaster street and South McLean boulevard, $3,767.30; No. 39, Madison avenue, between Piomingo avenue and Cooper street, $162,750; No. 40, Rayner street, between Lamar avenue and East McLemore avenue, $7,344.00; No. 41, North Montgomery street, between Madison avenue and Jefferson ave- nue, $3,816.40; No. 44, Central avenue, between Cooper street and South Barksdale street, $7,212.00; No. 46, Tate avenue, between - South Orleans street and Walnut street, $3,306.50; the total esti- Issue $245,000 street im- provement bonds. mated amount of the cost of all the said improvements aggre- gating $372,533.65. Sec. 1214. Be it ordained by the Legislative Council of the City of Memphis, That under and by virtue of the provisions of 7. phe ae CITY ORDINANCES. ‘eS STREET IMPROVEMENT BONDS. Chapter 341 of the Acts of the General Assembly of the State of Tennessee, for the year 1907, as amended and supplemented by the act approved February 20, 1909, known as Senate Bill No. 282, the City of Memphis will issue, and the Mayor and Register are hereby authorized to execute and deliver, $245,000 in street improvement bonds, negotiable and payable to bearer, the same to be issued and the proceeds thereof to be used exclusively in the payment of the cost of the improvement of the streets last above referred to, and more particularly described in the ordi- nances hereinbefore recited (other than the improvement re- ferred to in Improvement Certificate Ordinance No. 3). Sec. 1215. Said bonds shall be issued in the denomination of $1,000 each, and shall be dated the ist day of March, 1909; one- fifth of said bonds shall mature in one year, one-fifth in two years, one-fifth in three years, one-fifth in four years, and one- fifth in five years from their date, without option of prior re- demption; they shall bear interest at the rate of 6 per cent. per annum, to be evidenced by attached coupons, maturing semi- annually on the first days of March and September in each year; principal and interest thereon shall be payable at the office ot the City Register, in the City of Memphis, Tennessee, or at the office of the United States Mortgage & Trust Company, in the City of New York, at the option of the holder. Sec. 1216. The proceeds ining from the collection of assess- ments levied or to be levied for the improvements hereinbefore referred to be, and the same hereby are, set apart as a fund pledged for the payment of the principal and interest of said bonds; and the full. faith and credit of the City of Memphis are hereby pledged for the payment of said principal and interest. Bonds pay- able in five equal install- ments. Proceeds from assess- ments set aside to pay bonds. 756 CITY ORDINANCES. STREET IMPROVEMENT BONDS. Form of bond. Sec. 1217. Be it further ordained, That the form of said. bonds and coupons shall be substantially as follows: UNITED. STATES OF AMERICA, STATE OF TENNESSEE, CITY OF MEMPHIS. STREET IMPROVEMENT BOND. SERIES 1 OF 1909. INO:. On sees $1,000. The City of Memphis, Tennessee, a municipal corporation or- ganized and existing under the laws of the State of Tennessee, for value BU Nee SL hereby acknowledges itself indebted and promises to pay to the bearer the sum of one thousand dollars. lawful money of the United States, on the ist day of March, 19...., with interest thereon at the rate of 6 per cent. per annum, payable semi-annually, on the ist days of March and September, in each year, until this bond is paid, upon presenta- tion and surrender of the annexed coupons as they severally fall due, both principal and interest being payable at the office of the City Register, in Memphis, Tennessee, or at the ‘office of the United States Mortgage & Trust Company, in the City of New York, at the option of the holder. This bond is issued under and in pursuance of and in strict conformity with an act of the General Assembly of the State of Tennessee, approved April 11, 1907, being Chapter 341 of the Acts of the year 1907, as amended and supplemented by an act approved February 20, 1909, known as Senate Bill No. 282, and other statutes, and the Constitution of said State, and the charter of said city, in such cases made and provided, and under and pursuant to ordinances and proceedings of said city, duly adopted and had, and to provide means to pay not exceeding two-thirds of the estimated cost of certain street improvements. It is hereby certified, recited and declared that all acts, condi- tions and things required to be done, exist and be performed precedent to and in the issuance of this bond, in order to make CITY ORDINANCES. 757 STREET IMPROVEMENT BONDS. this bond a legal, valid and binding obligation of the City of “Memphis, have been done, existed and been performed, in regular and due time, form and manner as required by law, and that the indebtedness represented by this bond, together with all other indebtedness of said city, does not exceed any limit prescribed by the Constitution or statutes of said State or the charter of said city. The full faith and credit of the City of Memphis are hereby pledged for the prompt payment of the principal and in- terest of this bond as the same become due. In witness whereof, the Mayor of said City of Memphis and the City Register of said city have signed this bond and at- tached the seal of said city, and caused the interest coupons hereto attached to be signed with the fac-simile signatures of said Mayor and said City Register, and this bond to be dated the 1st day of March, 1909. FORM OF COUPON. oats tea $30.00 Bmrtieeiitat. day) Of... . ss oes eevee Memphis, Tennessee, will pay to the bearer, at the office of the City Register, in Memphis, Tennessee, or at the office of the United States Mortgage & Trust Company, in the City of New York, at the option of the holder, thirty dollars ($30.00), being six months’ interest then due on street improvement bond of said city, dated the first day of March, 1909, series 1 of 1909. Sec. 1218. Upon the execution of said bonds, the Mayor be, ee 0 ie Loe res CGS CILY, (OL Koruna, of coupon. and he hereby is, authorized to deliver said bonds to said Bank very onds. 198 CITY ORDINANCES. POLICE STATION BONDS. of Commerce & Trust Company, upon the payment of the pur- chase price therefor. Sec. 1219. The provisions of any and all ordinances or reso- lutions inconsistent herewith be, and the same hereby are, re- pealed. Passed final reading Friday, March 5, 1909. ARTICLE 75A. ORDINANCE. AN ORDINANCE to provide for the issuance of police station bonds in the sum of $260,000.00 under the provisions of an act of the Legislature, being Senate Bill No. 484, Chapter 356, ap- proved April 30, 1909. Section 1. Be it ordained by the Legislative Council of the City of Memphis, That for the purpose of raising funds for the erection of the police station and an engine house in said city, and for tearing down an old engine house in said city, the City of Memphis, under the authority of, and in accordance with, the provisions of the act of the General Assembly of Tennessee, ap- Issue $260,000 bonds. Interest. proved April 30, 1909, being Senate Bill No. 484, will issue the negotiable bonds of the City of Memphis in the amount of $260,- '000.00. Said bonds shall bear interest at the rate of four (4) per cent. per annum, payable semi-annually, and said bonds shall bear the date August 1, 1909, and shall mature August 1, 1949; and the principal and interest of said bonds shall be payable in lawful money of the United States at the office of the United States Mortgage & Trust Company, in the City of New York, State of New York, or at the City Hall in the City of Memphis, | Tennessee, at the option of the holder. The interest on said bonds shall be payable semi-annually, and shall be evidenced by cou- ‘pons attached to said bonds, payable August and February otf each year. Said bonds shall ke of the denominations of $1,000.00 each, and shall be signed by the Mayor and City Register of the. CITY ORDINANCES. 759° POLICE STATION BONDS. City of Memphis; and the interest coupons shall bear the printed or lithographed fac-simile of the signature of the Mayor. Said bonds shall be in substantially the form set forth in Section 4 of the act approved April 30, 1909, hereinbefore mentioned. Sec. 2. Be it further ordained, That said bonds shall be sold by the Police Station Building Commission for the highest terms offered, provided the said bonds shall not be sold for less than par. The cost of printing and the expenses of sale of said bonds and the brokerage or commission to the purchaser, not exceeding one-eighth of 1 per cent. of the amount of the bonds sold, may be paid out of the proceeds of sale of said bonds, whether the same are sold at par or above par. Sec. 3. Be it further ordained, That when said bonds are is- sued by the Legislative Council of the City of Memphis they shall be turned over to the Police Station Building Commission, under the provisions of Senate Bill No. 484 of the General As- Reinhly. of the State of Tennessee above mentioned, and for the uses and purposes set forth in that act. Sec. 4. Be it further ordained, That the Police Station Build- ing Commission is hereby given irrepealable power and authority and is directed to pay the interest on said bonds, evidenced by the coupons thereto attached, as the same matures out of taxes collected annually by the Legislative Council of the City of Mem- phis as directed by said act of the General Assembly of Ten- nessee. Sec. 5. Be it further ordained, That the City of Memphis does hereby pledge its full faith and credit for the payment of the principal and interest of all of said bonds, according to their tenor; and the City of Memphis hereby pledges and obligates How to be sold. Bonds turned over to Commission. Interest—by whom paid,. ete. Levy tax to pay bonds and _ interest. itself, in addition to all other taxes authorized by law, to levy | a tax to pay said bonds and coupons at their maturity. 760 CITY ORDINANCES. POLICE STATION BONDS. Commission to sell bonds. @ Sec. 6. Be it further ordained, That this ordinance shall, with- out any other ordinance or act upon the part of the Legislative Council, te full and complete authority for the issuance of said bonds, and for the sale and delivery thereof by the Police Sta- tion Building Commission aforesaid. Said bonds shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularities or defects in the pro- ceedings or the issues and sale thereof, and shall be incontestable in the hands of bona fide holders for value. All ordinances and parts of ordinances, general or special, so far as they are incon- sistent with this ordinance, are hereby repealed. Sec. 7. Be it further ordained, That said bonds shall be sold to the highest bidder, after being advertised daily for thirty (30) days in some newspaper published in the City of Memphis by said Police Station Building Commission. Sec. 8. Be it further ordained, That this ordinance take effect from and after its passage, the public welfare requiring it. Passed final reading June 15, 1909. CITY ORDINANCES. 761 MEMPHIS STREET RAILWAY. ORDINANCES RELATING TO PUBLIC UTILITIES. ARTICLE 76. MEMPHIS STREET RAILWAY COMPANY. ORDINANCE NO. 1. Sec. 1220. Be it ordained by the Legislative Council of the ey City of Memphis, That the Memphis Street Railway Company, ‘ a corporation chartered under the general laws of the State of Tennessee, is hereby for a term of fifty years given permission and granted the right to construct, maintain and operate a street railroad with single or double tracks, by electric, overhead or other system that may be hereafter approved by the Legislative Council of said city, on and over all streets and highways named in the charter of said company, in as full and complete a manner and to the same extent as is in said charter authorized, and to that end said company is empowered to erect and use all neces- sary buildings, poles,, wires and other appliances and equip- ments. The above permission is given, however, upon the following terms and conditions: 1. That the said company shall keep and maintain during the sService, entire period of its operation of said lines of railway over said streets its system of electricity in good order and repair, and give the public a first-class service. 2. That said company shall maintain in good condition and Repair of repair within its tracks, and for two feet on each outside thereof, bridges i all streets and the roadways of all bridges occupied by it in Said city with its tracks. 9 3. That on all streets occupied by said company, and which are now paved, said company will keep the same within its bo CITY ORDINANCHBES. MEMPHIS STREET RAILWAY. Unpaved streets, City to pave portion, City to pre- scribe kind ot pavement. tracks, and for two feet on each outside thereof, in good order and repair, and will at all times maintain the same in good condition. 4. That on all unpaved streets occupied by said company it is to pave between its tracks, either with brick, macadam, stone, concrete, gravel or other suitable material, if agreed on between the City Council and the said company. 5. Should the city, at any future time, pave any of said streets so occupied by said company, which are now unpaved, then the city is to pave up to a line within two feet of the outside rails of said company’s tracks, and said company is to contempora- neously pave in like manner and with like material, and there- after keep and maintain the same between said tracks, and for two feet on each outside thereof in good condition. 6. Should the city, at any time hereafter, determine to repave e street now or then already paved, said street car company un- dertakes and obligates itself, if the said city shall so direct, to repave said street, within its tracks and for two feet on each outside thereof with the same pavement (including the founda- tion and all incidental work thereon) that may be adopted and laid by said city on the balance of said roadway, the intent of this clause being that the said city may, from time to time, and at all times, whether a street be then already paved or not, pre- scribe the kind of pavement to be laid on any street, and that said street railroad company, if so directed, will, at its own expense, lay such pavement within its rails and for two feet on each outside, as may be adopted for and laid on the balance of such street by said city, so that the pavement over the entire street shall at all times be the same. The paving and incidental work thereof here undertaken to be done by said street car com- pany shall be done concurrently and uniformly with the paving of the balance of the street by said city. CITY ORDINANCES. 763: MEMPHIS STREET RAILWAY. 7. In the construction of its said lines of railroad, the said Rails used. company shall put down a tram rail, to be approved by the City Council, or such other rail as shall be specified by the City Council, and said rails shall be of such description and shall at, all times be so laid and maintained as will, as far as prac- ticable, leave the street as free from obstruction as before its use by the said company. 8. The said company shall confine itself exclusively to the carriage of passengers, except that it may carry freight for its own use. 9. Should said company fail to do the work on the streets herein contemplated and provided, between their tracks and for two feet on each outside thereof, and maintain the same as herein provided, the city, after giving said company twenty days’ notice in writing of such failure, may have the same done under the direction and supervision of the Engineer of said city, at the sole expense of said company, and the aztual sums paid out by said city, through its Engineer, shall be conclusive upon said company as to the amount due said city from said company for the work so done, and there shall be a first lien upon all the properties of said company as security therefor. 10. Said company shall not charge any passenger exceeding five cents for a single fare from one point to another within’ said city limits for one single continuous trip on the same car; pro- vided, that no fare shall be charged for children under five years of age, when accompanied by parents or other persons in charge of them; and if, after the passage of this ordinance, it appears tc the Legislative Council that Memphis is entitled to a cheaper fare, then, by resolution or ordinance, the said Council may, at any time, require said car company to sell eleven tickets for fifty cents. Freight. Failure of company to maintain streets. Fare charged. 764 CITY ORDINANCES. MEMPHIS STREET RAILWAY. Motive power. 11. The said company shall not use steam as a motive power, or change the motive power from the present electric system, without the consent of the said city. Poscheay of 12. Permission is hereby expressly given by the City of io wa phis to the said Memphis Street Railway Company, and it is expressly authorized and empowered to purchase from the Citi- zens’ Street Railroad Company, of Shelby County, Tennessee, the East End Street Railway Company, the City & Suburban Railway Company, and the Memphis & Raleigh Springs Rail- way Company, and from any or either of them, its or their street railroad or roads, power-houses, cars, equipments and prop- erties of every kind and description, upon such terms as may be agreed on between them and the said Memphis Street Railway Company, pursuant to the acts of the Legislature of Tennessee, passed February 8, 1895, approved February 12, 1895, and there- after to maintain and operate same; and when said purchase or purchases shall have been made and consummated the said Memphis Street Rilway Company shall become bound to carry out and perform all the terms and conditions of this ordinance in respect of said purchased lines. Extension 13. The foregoing grants set forth above are made upon the eee further condition that said Memphis Street Raieay Company, within twelve months from the date hereof, will extend the Main street line south as follows: From Main street on Virginia avenue to Florida avenue, thence on Florida avenue to Gholson avenue, thence on Gholson avenue to Kansas avenue, thence on Kansas avenue to a point near the Equitable Gas Works; and will extend the Second street line north from present terminus of Citizens’ Street Railroad, on Second street, or Randolph road, to a point at or beyond the Chesapeake & Ohio Railroad cross- ing; and will extend the Vance street line from the present ter- minus of Citizens’ Street Railroad south on East street to Lamar — CITY ORDINANCES. 765 MEMPHIS STREET RAILWAY. avenue, thence in an eastwardly direction about one mile, and will have what is known as the Johnson avenue line of Citizens’ Street Railroad changed so as to run direct from intersection of Johnson avenue and High street on and over Johnson avenue or Jackson street to Main street, thence south on Main street to Beale, west and south over Beale, Shelby, Calhoun and other streets now occupied to Fort Pickering. All said changes and extensions shall be made within twelve months. If such changes or extensions should be prevented by legal proceedings, the pe- riod of such prevention shall not be included in computing said period of twelve months. 14. The said company shall, for one cash fare of five cents, furnish transfers during.all hours of the day to 7:30 o’clock p. m. at all intersections on Main street, as now or hereafter estab- lished, and at the intersection of Madison and Second streets, and Poplar and Second streets on the Second street line for one continuous ride between any two points within said city limits as now or hereafter established; such transfer system to take effect on and after January 1, 1896, and from January 1, 1900, said company shall provide such general transfer system as will enable passengers at all hours during the operation of cars to obtain for a five-cent cash fare a continuous passage between any two points on any of its lines within said city limits, as now or hereafter established; provided, however, that the said railway company may make and enforce such rules and regula- tions in regard to transfers as to require their use at the junc- tions and intersections of the different lines on which said trans- fers are to be used, and not elsewhere, and to limit the time within which they are to be used, so that they will be available only for the first connecting car, and as to any other matters necessary to protect the said company from imposition and abuse by reason of such transfers. The system of general transfer shall be entirely to the satisfaction of the City Council. Transfers. 766 CITY ORDINANCES. MEMPHIS STREET RAILWAY. Conflict be- tween ordi- nance and charter. Forfeitures. 15. It is a further condition of this ordinance that in all respects in which the ordinance and the charter of the said car company may vary or conflict the ordinance shall prevail, and consent of the city to the operation of the cars of said company over its streets and the exercise in said city of the franchises of said car company being given only under the terms and con- ditions of this ordinance; it is further conditioned that, in the event it shall at any time be determined that any of the provi- sions of this ordinance are ineffective or void because in conflict or at variance with the charter, or for any other reasons what- soever, and in the further event that said street car company shall avail itself of or in any manner take advantage of said decision, or without such decision should attempt to avail itself of any charter provision in conflict or at’ variance witn this ordinance, then this ordinance and all its provisions and the said consent of the city are to be and become null and void. 16. The charter of said car company, taken out under the general laws of the State and this ordinance, shall be the sole and controlling one between the city and said car company, and embody all the municipal law and requirements on the subject; and, in the event said car company shall purchase the franchises, properties, etc., of the Citizens’ Street Railroad Company, and either said car company or said Citizens’ Street Railroad Com- pany should, at any time after such purchase, attempt to occupy other or additional streets than those prescribed in the said charter of said Memphis Street Railway Company, and in this. ordinance, then said last named company shall forfeit to the city its rights to occupy the streets now occupied by said Citi- zens’ Street Railroad Company, and shall forfeit all the tracks laid thereon, the said Memphis Street Railway Company binding and obligating itself, in the event of said purchase, not to claim cr occupy under the charter of said Citizens’ Street Railroad Company, or otherwise, any of the streets of the City of Mem- eee CITY ORDINANCES. 767 MEMPHIS STREET RAILWAY. phis, except such as are specified in the charter of said Memphis Street Railway Company, and in this ordinance. And, in the event of the purchase aforesaid of the franchises, properties, etc., of the Citizens’ Street Railroad Company, such properties, franchises, etc., shall be held and operated exclu- sively under the charter of said Memphis Street Railway Com- pany and this ordinance, and said Memphis Street Railway Company shall, in no event, revert, in respect thereof, to the charter or contract rights of said Citizens’ Street Railroad Com- pany. 17. All the terms and provisions of this ordinance shall apply City limits. and be in force within the limits of said city as they are, or as they may be hereafter, established. 18. It is, however, further understood that, in the event it should be held by any court of competent jurisdiction and last resort that this ordinance is void, then nothing contained in this ordinance shall in any way affect the charters of said Citi- zens’ Street Railroad Company, East End Street Railway Com- pany, City & Suburban Railway Company, or Memphis & Raleigh Springs Railroad Company, or either of them, and the ordinances and contracts under which they are now operating.’ ORDINANCE NO. 2. Sec. 1221. Be it ordained by the Legislative Council of the ees street City of Memphis, That the Memphis Street Railway Company is hereby given permission and granted the right to construct, maintain and operate a street railroad on Union street, from Hernando street to Walnut street; thence on Walnut street south to Spring street; thence on Spring street east to Raleigh avenue. This grant is made under the terms and conditions of the gen- eral ordinance of date November 20, 1895. 1 Section 1220, Paragraphs 1 to 18, passed November 20, 1895. 2 See amendment Ordinance No. 3, Section 1226, post. 768 CITY ORDINANCES. MEMPHIS STREET RAILWAY. Jefierson. Marshall ave. tracks removed. Monroe street abandoned. Curbing and gutters. Union § street. line. Amendment. Sec. 1222. Be it further ordained, That the said Memphis Street Railway Company is also given the right to lay down and operate its tracks on and over Jefferson street, from Second street to Main street, so that it may forms continuous line on and over Union street to Second street; thence on Second street to Jefferson street; thence on Jefferson street to Main street; thence on Main street south to Union street, and thence east on Union street.* Sec. 1223. Be it further ordained, That as soon as the tracks are laid from Hernando street to Walnut street the Memphis Street Railway Company shall remove its tracks on Marshali avenue from Madison street to Union avenue, leaving Marshall avenue in a condition satisfactory to the Street Commissioner. Sec. 1224. Be it further ordained, That the Memphis Street Railway Company shall abandon and relinquish any right it may possess or has possessed on Monroe street, and it shall file a stipulation evidencing such relinquishment. Sec. 1225. Be it further ordained, That by accepting the grant herein made, the Memphis Street Railway Company shall be bound to pay one-half of the entire cost of setting back the curb- ing and paving the gutters on each side of Union street, from the Bayou to Walnut street; and on Walnut street from Union street to Spring street, whenever the city shall determine to set back said curbing. ORDINANCE NO. 3. Sec. 1226. Be it ordained by the Legislative Council of the City of Memphis, That the ordinance passed permitting the Mem- phis Street Railroad Company to lay its tracks on Union street be, and the same is hereby, amended so as to provide that the 3 See amendment resolution adopted October 9, 1902, Section 1228, post. 1 Ordinance No. 2 passed May 18, 1889. ere CITY ORDINANCES. MEMPHIS STREET tracks of the said:company shall be laid on Myrtle street from Union to Beale street, and on Beale street from Myrtle street to Walnut street, and on Walnut street from Beale street to Spring street, and thence east on Spring street. And said com- pany shall not lay any tracks on Union street from Myrtle street to Walnut street, nor on Walnut street from Union street to Beale street.? ORDINANCE NO. 4. Sec. 1227. Be it ordained by the Legislative Council of the City of Memphis, That the Memphis Street Railway Company is hereby granted the privilege of laying and operating a track on Pauline street, from Lamar boulevard north to Vance street, a distance of two blocks; thence west on Vance street, connecting with its present line at Vance and Hast streets; and said Mem- phis Street Railway Company is also granted privilege to con- struct and operate a double track on Thomas avenue, from New Raleigh road to Brinkley street; provided, however, these privi- leges and any properties, franchises or rights acquired or main- tained under this ordinance. shall be exercised, owned and oper- ated strictly under the terms, conditions and provisions of the ordinance passed November 20, 1895, and also in accordance with all other regulations now or hereafter provided by law or ordi- nance governing the laying or operation of street cars in the city; and provided, that said tracks shall be laid and completed within ninety days from this date. Provided, further, that no powers are herein granted not specified in ordinance passed November 20, 1895, not passing on the question as to what rights, if any, were therein granted, and that in granting this petition the said Street Railway Company shall take the above named streets in the condition they are now, and all grading and filling be done without expense to the city? 1 Ordinance No. 3 passed November 21, 1899. See Section 1221, ante. 2 Ordinance No. 4 passed May 9, 191. Tracks Pauline ‘street. Thomas avenue, on 769 RAILWAY. 770 CITY ORDINANCES. MEMPHIS STREET RAILWAY. Tracks moved off Second street. Tracks on Third and other streets. Extension of tracks on Raleigh avenue. RESOLUTION NO. 5. Whereas, owing to the rapid growth of the city, it is deemed expedient and to the best interests thereof, that Second street be given over more exclusively to the wholesale interests of the city, and that the absence of the street railway service from this street would convenience and facilitate the said interests; there- fore be it Sec. 1228. Resolved, That the Memphis Street Railway Com- pany is requested to remove its service from Second street, from Union street to Keel street; with the understanding, however, that if at any time it should be deemed expedient, and permission should be given to occupy this particular section of the street with any street railway, the said Memphis Street Railway Company shall then have the first right to again occupy the said street.’ RESOLUTION NO. 6. Sec. 1229. Be it resolved, That the Memphis Street Railway Company is hereby given permission, subject to all the rights, privileges, conditions and obligations of the ordinance passed November 20th, 1895, to occupy with its tracks and service the following streets: Main street from Mill street to Keel street, Keel street from Main street to Second street, Jefferson street from Second street to Third street, and Third street from Jefferson street to Union street.’ RESOLUTION NO. 7. Sec. 1230. Be it resolved by the Legislative Council of the City of Memphis, That the Memphis Street Railway Company be, and is hereby, given right of way and permission, subject to the ordinance passed November 20, 1895, to extend its present 1 Resolution No. 5 adopted October 9, 1902. 2 Resolution No. 6 adopted October 9, 1902. CITY ORDINANCES. riya MEMPHIS STREET RAILWAY. ‘ Union and Spring street tracks from the intersection of Spring street and Raleigh avenue, its present terminus, south on Ra- leigh avenue to Appeal avenue, a distance of 1,100 feet, more or less.? RESOLUTION NO. 8. Sec. 1231. Be it resolved by the Legislative Council of the City of Memphis, That the Memphis Street Railway Company is hereby given permission, subject to all rights, privileges, con- ditions and obligations of the ordinance passed November 20th, 1895, to occupy with its tracks and service Florida avenue from Gholson street to the south side of Kerr avenue.’ ORDINANCE NO. 9. Sec. 1232. Be it ordained by the Legislative Council of the City of Memphis, That the Memphis Street Railway Company is hereby granted the privilege of laying and operating a double track over a neutral strip twenty feet wide, in the center of Central avenue, from the present terminus of said street car company’s tracks in Central avenue to McLean avenue; provided, however, these privileges and any properties, franchises or rights acquired or maintained under this ordinance shall be owned, exercised and operated strictly under the terms, conditions and provisions of the ordinance passed November 20, 1895.3 ORDINANCE NO. 10. MEMPHIS STREET RAILWAY EXTENSION COMPANY. Consenting to the use of streets and the laying down of railway tracks therein by the Memphis Street Railway Extension Com- pany. 1 Resolution No. 7 adopted August 13, 1903. 2 Section 1231 adopted October 8, 1903. 3 Section 1232 passed February 4, 1904. Street Rail- way to oc- cupy Florida avenue. Neutral strip on Central avenue. 772 CITY ORDINANCES. MEMPHIS STREET RAILWAY.. Franchise term until Nov. 20, 19465. Streets named in charter. Peabody avenue. Term of com- pletion of extensions, Sec. 1233. Be it ordained by the Legislative Council of the City of Memphis, That the Memphis Street Railway Extension Company, a corporation organized and existing under the gen- eral laws of the State of Tennessee, is hereby given permission and granted the right, until November 20, 1945, to construct, maintain and operate a street railroad, with single or double tracks, by electric, overhead or other system that may be here- after approved by the Legislative Council of said city, on and over each of the. streets and highways within the present and future limits of the City of Memphis, forming part of the routes named in the charter of said company, in as full and complete a manner, and to the same extent as is in said charter author- ized, and to that end said company is empowered to erect and use all necessary buildings, poles, wires and other appliances and equipments. Provided, however, that the right of the Memphis Street Rail- way Extension Company to traverse Peabody avenue from Ra- leigh avenue to McLean avenue be conditioned upon the failure of the City Street Railway Company to comply with the require- ments of the ordinance of January 24, 1905, granting said last named company a franchise, and in the event of compliance therewith by said last named company the right of said Memphis Street Railway Extension Company to Peabody avenue shall not attach; but no waiver of rights of the Memphis Street Rail- way Company in the neutral strip on said Peabody avenue is hereby made; and, Provided, further, that all extensions herein provided for shall be completed to the city limits by December 1, 1905, unless pre- vented by legal proceedings, in which event the time required for the final determination of said legal proceedings shall be added to said date December 1, 1905, under penalty that the rights con- ferred by this ordinance to said extensions shall be forfeited; and, CITY ORDINANCES. 773 MEMPHIS STREET RAILWAY. Provided, further, that the company be required to stop all its cars to receive or discharge passengers at all street crossings and at the intersections of streets; and to fill up space between rails and two feet on outside of the outside rails on Poplar street flush with rails, and keep said’ space filled and flush with same. The permission hereby given is upon like terms and conditions set forth in an ordinance granted to the Memphis Street Rail- way Company by the Legislative Council of the City of Memphis, passed November 20, 1895 (except subdivision 13 thereof), and upon the following further terms and conditions: 1. That no additional tracks shall be laid by said company on streets where tracks of the Memphis Street Railway Company already exist, but the consent hereby given with respect to such streets is to be effective only upon obtaining the authority of the Memphis Street Railway Company for the use of its tracks on such streets. 2. Permission, consent and approval is hereby given to the said Memphis Street Railway Extension Company to sell, lease or dispose of by any lawful contract to the Memphis Street Railway Company, all and singular, its railroads, rights, fran- chises and properties of every character and description. Sec. 2. Said Memphis Street Railway Extension Company shall, in writing, within five days from the passage hereof, ac- cept this ordinance, and all its terms and conditions. Passed final reading Wednesday, February 22, 1905.1 STIPULATION. THE MEMPHIS STREET RAILWAY EXTENSION COMPANY. Copy of proceedings had and taken by the Board of Directors of the Memphis Street Railway Extension Company, at a meeting held on February 22, 1905: 1 See amendment, Post Section 1234 et seq. Ordinance No. 11. Required to stop cars, etc.—where. Conditions in ordinance passed Noy. 20, 1895, Further con- ditions. Permission to sell rights hereunder. 774 CITY ORDINANCES. MEMPHIS STREET RAILWAY. Mr. McCrea offered the following preamble and resolution, and moved the adoption of the same: Whereas, this company heretofore made application to the Legislative Council of the City of Memphis for consent to con- struct, maintain and operate its lines of street railroad upon the routes and over the streets mentioned and described in the char- ter of the company; and, Whereas, the Legislative Council of the City of Memphis, on February 22, 1905, duly passed the following ordinance: (here appears in full the ordinance passed February 22, 1905); and, Whereas, this company desires to accept said ordinance as provided therein; be it therefore Resolved, That the Board of Directors of the Memphis Street Railway Extension Company does here and now formally accept said ordinance of the Legislative Council of the City of Mem- phis, as passed on the 22d day of February, 1905, and that the President formally notify the Mayor of the City of Memphis of See acceptance, by furnishing to him for and on behalf of said City of Memphis a certified copy of this preamble and resolution, under the seal of the corporation. I, Robert L.- Benson, do hereby certify that I am the Sec- retary of the Memphis Street Railway Extension Company; that the above and foregoing preamble and resolution is a true copy of proceedings had and taken at a meeting of the Board of Directors of said company, held at the office of the company, on the 22d day of February, 1905; that at said meeting all of . the directors of said company were present; and that said pre- amble and resolution were unanimously adopted, all of the direc- tors of said company voting in favor of the adoption of the same. And I do further certify that at a meeting of the stockholders of said company thereafter and on the 22d day of February, 1905, held, at which meeting all of the stockholders of said company CITY ORDINANCES. 775. MEMPHIS STREET RAILWAY. were present, the action of the Board of Directors in accepting the said ordinance, passed by the Legislative Council of the City of Memphis on February 22d, 1905, was, by the unanimous vote of all of the stockholders of said company, duly approved, rati- fied and confirmed in all things. In witness whereof I have hereunto subscribed my name as Secretary of said company, and attached the corporate seal of the Memphis Street Railway Extension Company, this 22d day of February, 1905. (Seal M. S. Ry E. Co.) ROBERT L. BENSON, Secretary the Memphis Street Railway Extension Company. STIPULATION. MEMPHIS STREET RAILWAY EXTENSION COMPANY’S ACCEPTANCE OF ORDINANCE PASSED FEBRUARY 22, 1905. To the Honorable Mayor and Legislative Council of the City of Memphis: GENTLEMEN—In an ordinance consenting to the use of streets and the laying down of tracks therein by the Memphis Street Railway Extension Company, which passed its final reading and was approved February 22d, 1905, it is provided as follows, in Section 1 thereof: “Provided, however, that the right of the Memphis Street Rail- way Extension Company to traverse Peabody avenue from Ra- leigh avenue to McLean avenue be conditioned upon the failure of the City Street Railway Company to comply with the require- ments of the ordinance of January 24th, 1905, granting said last named company a franchise in the event of compliance therewith by the said last named company, the right of the said Memphis Street Railway Extension Company to Peabody avenue shall not attach, but no waiver of rights of the Memphis: Street Rail- way Company in the neutral strip on the said Peabody avenue is hereby made.” 7 76 CITY ORDINANCES. MEMPHIS STREET RAILWAY. And, whereas, the said City Street Railway Company has failed to comply with the requirements of the ordinance of January 24th, 1905, granting said City Street Railway Company a fran- chise, and, whereas, the Memphis Street Railway Extension Com- pany did, upon February 22d, 1905, accept in its entirety the ~ terms and conditions of the ordinance granting to it the use of the streets and the laying down of tracks therein; and Whereas, the said Memphis Street Railway Extension Company is desirous of traversing Peabody avenue from Raleigh avenue to McLean avenue, therefore, the said Memphis Street Railway Extension Company, through its duly authorized officers, does herewith notify the said City of Memphis that it does herewith accept the terms and conditions of the aforementioned ordinance with regard to that portion of its route on Peabody avenue from Raleigh avenue to McLean avenue. This notification, while not deemed necessary by the Memphis Street Railway Extension Company, is herewith given in order that there may be no question concerning its. full acceptance of the aforementioned ordinance. Respectfully, MEMPHIS STREET RAILWAY EXTENSION CO., By T. H. TUTWILER, V.-P. and G. M. _ ORDINANCE No. 11. MEMPHIS STREET RAILWAY COMPANE: AN ORDINANCE amending an ordinance consenting to the use of the streets of the City of Memphis and the laying down and operating of railway tracks therein, and a system of street railroad thereon by the Memphis Street Railway Extension Company, passed on its final reading February 22, 1905, and granting to the Memphis Street Railway Company, aie suc- cessor of the Memphis Street Railway Extension Company, the right to operate its system of street railroad as provided for in . the within mentioned amendment of the above mentioned ordi- nance. CITY ORDINANCES. 777 MEMPHIS STREET RAILWAY. Sec. 1234. Be it ordained by the Legislative Council of the City of Memphis, That an ordinance consenting to the use of the Memphis St. Ry. Co. successors to Memphis St. Ry. Exten- streets of the City of Memphis and the laying down of railway gion Company. tracks therein, and the operation of a system of street railroad thereon by the Memphis Street Railway Extension Company, passed final reading February 22, 1905, be, and the same is hereby, amended so as to strike out Kehoe street from Waldran avenue io Brinkley avenue and Brinkley avenue from Kehoe street to Lane avenue, in the route as stated in the charter of the Mem- phis Street Railway Extension Company, referred to in the above mentioned ordinance in connection with the extension of the Lane avenue car line. Sec. 1234a. Be it further ordained, That the Memphis Street Railway Company, a corporation organized and existing under the general laws of the State of Tennessee, successor to the Mem- phis Street Railway Extension Company, is hereby relieved from all obligation to construct and operate a street railway on Kehoe street from Waldran to Brinkley avenue, and on Brinkley avenue from Kehoe street to Lane avenue, as recited in route named in charter, and in lieu thereof the said Memphis Street Railway Company shall operate its cars both outgoing and returning over the route on Lane avenue and Waldran avenue, as recited in said charter of the Memphis Street Railway Extension Com-: pany. Sec. 1235. Be it further ordained, That said track shall be laid down and constructed under the supervision of the City Engineer and to his satisfaction. Sec. 1236. Be it further ordained, That the rights herein granted to the Memphis Street Railway Company are subject to the conditions contained in all contracts, heretofore existing be- tween the said Memphis Street Railway Company, or those from Routes eliminated. Routes sub- stituted. Construction. Conditions, 778 CITY ORDINANCES. CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. whom it may have acquired its rights, and the City of Memphis, or the Taxing District of Shelby County, Tennessee. Passed final reading Tuesday, May 22, 1906.7 (The charter of the Memphis Street Railway Extension Com- pany is herein inserted, for convenient reference. The ordinance of February 22, 1905, granting said company the right to main- tain and operate tracks over part of the routes named herein. See ordinance passed February 22, 1905, Sec. 1233 ante.—Com- piler’s Note.) CHARTER OF THE MEMPHIS STREET RAILWAY EXTENSION COMPANY, FEBRUARY, 1905. STATE OF TENNESSEE, DEPARTMENT OF STATE. I, John W. Morton! Secretary of the State of Tennessee, do certify that the annexed ingen. with certificates of acknow!- edgment of probate and registration, was filed in my office for registration on the 20th day of February, 1905, and recorded on the 20th day of February, 1905, in Corporation Record Book p. 3, in said office, page 246, et seq. In testimony whereof I have hereunto subscribed my official signature, and, by order of the Governor, affixed the Great Seal of the State of Tennessee, at the Department, in the City of Nashville, this 20th day of February, A.D. 1905. (Signed. ) JNO. W. MORTON, Secretary of State. (Seal.) STATE OF TENNESSEE. CHARTER OF INCORPORATION. Be it known that Frank G. Jones, W. S. McCrea, Robert L. Benson, James F. Meagher and Edward J. Karr, are hereby con- stituted a body politic and corporate, by the name and style of “The Memphis Street Railway Extension Company,” for the pur- pose of constructing a street railroad in the Taxing District \ 1 Original ordinance. See supra, Section 710. CITY ORDINANCES. 779 CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. known as the City of Memphis, and in the County of Shelby, State of Tennessee, upon the following routes: Commencing at the intersection of Madison street and Main street, in said City of Memphis, extending north on Main street te Mill street, east on Mill street to Sixth street, north on Sixth street to Chelsea street, east on Chelsea street and New Raleigh road to Thomas avenue, and thence north on Thomas avenue to a terminus at or near Wolf River. Commencing at the intersection of Chelsea street and Sixth street, in said City of Memphis, extending west on Chelsea street to Fifth street, and thence south on Fifth street to a terminus at the intersection of said street with Mill street. Commencing at the intersection of New Raleigh road and Thomas avenue, in said City of Memphis, and thence extending northeast on New Raleigh road to a terminus at Manassas street. Commencing at the intersection of Union street and Hernando street, in said City of Memphis, and thence extending south on Hernando street to a terminus at the intersection of said street with Vance street. Commencing at the intersection of Vance street and Hernando street, in said City of Memphis, extending south on Hernando street to Georgia street, and thence east on Georgia street to a terminus at the intersection of said street with Davie avenue. Commencing at the intersection of Mill street and Main street in said City of Memphis, extending north on Main street to Keel street, east on Keel street to Second street, north on Second ‘street to the city limits, thence still north along the continuation of Second street (or New Randolph road) to a terminus on said road opposite the crossing of the Illinois Central Railroad, with such right of extension along roads or turnpikes leading into Said city as now is, or hereafter may be, authorized by law. Commencing at the intersection of Main street and Poplar Street, in said City of Memphis, extending east on Poplar street 780 CITY ORDINANCES. CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. to Evergreen avenue, north along Evergreen avenue to and across Dewey avenue, east on a private right of way parallel with Dewey avenue to the town of Binghamton, and thence in a north- easterly direction on a private right of way to a terminus at or -near the crossing of Wolf River, with such right of extension on roads and turnpikes leading into said city as now is, or may hereafter be, authorized by law. Commencing at the intersection of Main street and Vance street, in said City of Memphis, extending east on Vance street to East street, south on Hast street to Lamar avenue, and east along Lamar avenue to a terminus at the intersection of said avenue with Brown avenue. Commencing at the intersection of Lamar avenue and Pauline street, in said City of Memphis, extending north on Pauline street to Vance street, and thence west on Vance street to a terminus at the intersection of said street with East street. \ Commencing at the intersection of Lamar avenue and Central avenue, in said City of Memphis, and thence extending east on Central avenue to a terminus at the intersection of said avenue with McLean avenue. Commencing at the intersection of Main street and Beale street, in said City of Memphis, extending east on Beale street to Orleans street, south on Orleans street to Tate street, east on Tate street to Walnut street, south on Walnut street to Grove avenue, east on Grove avenue to Dunlap avenue, and thence south on Dunlap avenue to a terminus at Elmwood Cemetery. Commencing at the intersection of Main street and Linden street, in said City of Memphis, extending east on Linden street to Lauderdale street, south on Lauderdale street to Mississippi avenue, southeast on Mississippi avenue to Walker avenue, east on Walker avenue to College avenue, south on College avenue to McLemore avenue, east on McLemore avenue to a terminus on said avenue at Rayner avenue. CITY ORDINANCES. 781 CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. Commencing at the intersection of Madison street and Main street, in said City of Memphis, extending north on Main street te Court street, west on Court street to Front street, south on _ Front street to Madison street, and thence east on Madison street to a terminus at the intersection of said street with Main street. Commencing at the intersection of Main street and Madison street, in said City of Memphis, extending east on Madison street to Spruce street, and thence still east over a private right ot way in the same general direction to Cooper avenue, south on a private right of way parallel with Cooper avenue to Young avenue, east on Young avenue to Trezevant avenue, south on Trezevant avenue to the Southern Railway, and thence on a private right of way parallel with the Southern Railway to a terminus opposite the station of the Southern Railway in the town of Buntyn, with such right of extension along roads and turnpikes leading into said city as now is, or hereafter may be, authorized by law. Commencing at the intersection of Cooper avenue and Young. avenue, in said City of Memphis, and thence extending east along Young avenue to Trezevant avenue, south on Trezevant avenue about three hundred feet, west over a private right to Bruce avenue and thence north on Bruce avenue to a terminus at the intersection of said avenue with Young avenue, with such right of extension on roads and highways leading into said city as now is, or hereafter may be, authorized by law. Commencing at the intersection of Cooper avenue and Young avenue, in said City of Memphis, extending east along Young avenue to Trezevant avenue, and thence north along Trezevant avenue to a terminus at the intersection of said avenue with Franklin avenue. Commencing at the intersection of Main street and Market street, in said City of Memphis, extending eastwardly on Mar- ket street, Thornton avenue and Alabama street to High street; 782 CITY ORDINANCES. CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. north on High street to Winchester Cemetery, east on a private right of way along the southerly boundary of Winchester Cem- etery to Lane avenue; east on Lane avenue to Ayers street, north on Ayers street to Lane avenue, east on Lane avenue to Brinkley avenue, north on Brinkley avenue to Lane avenue and thence east on Lane avenue to a terminus at the intersection of said avenue with Waldran avenue. Cominencing at the intersection of Main street and Jackson street, in said City of Memphis, and thence extending east and northeast on Jackson street, Jackson avenue and Old Raleigh road to a terminus at the intersection of said road with Breed- love avenue. z Commencing at the intersection of Front street and Poplar street, in said City of Memphis, thence extending south along Front street to a terminus at the intersection of said street with Monroe street. Commencing at the intersection of Main street and Calhoun street, in said City of Memphis, extending west on Calhoun street to Kentucky avenue, south on Kentucky avenue to Geor- gia street, west on Georgia street to Pennsylvania avenue, south on Pennsylvania avenue ‘to Iowa avenue, west on Iowa avenue to Delaware avenue, and thence south on Delaware avenue to a terminus at the intersection of said avenue with Division street. Commencing at the intersection of Florida avenue and Gholson street, in the said City of Memphis, extending west on Gholson street to Kansas avenue, and thence south on Kansas avenue to a terminus at the intersection of said avenue with Division street. Commencing at the intersection of Madison street and Main street, in said City of Memphis, extending south on Main street to Virginia avenue, west on Virginia avenue to Florida avenue, south on Florida avenue to Kerr avenue, and thence on a pri- CITY ORDINANCES. 783 CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. vate right of way in the same general direction to a terminus at Mallory avenue, in the town of South Memphis; with such right of extension along roads or turnpikes leading into said city as now is or hereafter may be authorized by law. Commencing at the intersection of Main street and Vance street, in said City of Memphis, extending east on Vance street to Hadden avenue, south on Hadden avenue to Calhoun street, east on Calhoun street to Rayburn avenue, south on Rayburn avenue to McLemore avenue, east on McLemore avenue to Mis- sissippi avenue, southeast on Mississippi avenue to Kerr avenue, east on Kerr avenue to Hernando road, and thence southeast on Hernando Road to a terminus at the intersection of said road with Person avenue, with such right of extension along roads and turnpikes leading into said city as now is or hereafter may be authorized by law. Commencing at the intersection of Main street and Union street, in said City of Memphis, extending east on Union street to Second, south on Second street to Gayoso street, east on Gay- oso street to Short Third street, thence south on Short Third street to its terminus. Commencing at the intersection of Third street and Union street, in said City of Memphis, extending east on Union street to Myrtle street, south on Myrtle street to Beale street, east on Beale street via Center Point and Spring street to Raleigh ave- nue, and thence south on Raleigh avenue to a terminus at the intersection of said avenue with Peabody avenue. Commencing at the intersection of Brown street and DuBose avenue, in the said City of Memphis, extending east on DuBose avenue to a terminus at the intersection of said avenue and Middle street. Commencing at the intersection of DuBose avenue and Walnut street, in said City of Memphis, and thence extending south along 784 CITY ORDINANCES. CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. Walnut street to a terminus at the intersection of said street with Vance street. Commencing at the intersection of Main street and Jeffer- son street, in said City of Memphis, extending east on Jefferson street to Third street, south on Third street to Union street, and thence west on Union street to a terminus at the intersection of said street with Main street. Commencing at the intersection of McLemore avenue and Latham avenue, in said City of Memphis, extending south on Latham avenue to Trigg avenue, east on Trigg avenue to Lau- derdale street, and thence south on Lauderdale street to a ter- minus at the intersection of said street with Kerr a eane with such right of extension on roads and turnpikes leading into said city as now is or hereafter may be authorized by law. Commencing at the intersection of Main street and Calhoun street, in said City of Memphis, and thence extending east along Calhoun street to a terminus at the intersection of said street with Hadden avenue. Commencing at. the intersection of Davie avenue and Geor- gia street, in said City of Memphis, extending east on Georgia street to LaRose street, and thence south on LaRose street to a terminus at the intersection of said street with Walker avenue. Commencing at the intersection of Brinkley avenue and Lane avenue, in said City of Memphis; extending south on Brinkley avenue to Kehoe avenue, east on Kehoe avenue to Lane avenue: and thence east on Lane avenue to a terminus at the intersection of said avenue with Montgomery avenue. Commencing at the intersection of Lane avenue and Waldran avenue, in said City of Memphis, and extending south along Wal- dran avenue to a terminus at the intersection of said avenue with Kehoe avenue. Commencing at the intersection of Central avenue and McLean avenue, in said City of Memphis, extending east on Central ave- eae CITY ORDINANCES. 785 CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. nue to Estelle avenue, and thence south on Estelle avenue to Young avenue, thence east on Young avenue to a terminus at the intersection of said avenue with Rembert avenue. ; Commencing at the intersection of Raleigh avenue and Pea- body avenue, in said City of Memphis, and thence extending east on Peabody avenue to a terminus at. the intersection of said avenue with Barksdale avenue. Commencing at the intersection of Poplar street and Ever- _green avenue, in said City of Memphis, extending east on Pop- lar street to a terminus at the intersection of said street with Tucker avenue. Commencing at the intersection of Jackson avenue or Old Raleigh Road with Breedlove avenue, in said City of Memphis, and thence extending east along the Old Raleigh Road to a terminus at the intersection of said road with Watkins avenue. Commencing at the intersection of Madison street and Cooper avenue at the easterly boundary of said City of Memphis, and thence extending east on Madison avenue to a terminus on said avenue about fifteen hundred feet east of Trezevant. Commencing at the intersection of Manassas street and New Raleigh Road, and thence extending northeast on New Raleigh Road to a terminus at or near the Union Railway, with such right of extension along roads or turnpikes leading into said City of Memphis as now is or hereafter may be authorized by law. The authorized capital stock of said corporation is fifty thou- sand ($50,000) dollars, divided into five hundred (500) shares of the par value of one hundred dollars each. The general powers of said incorporators and said corporation are: (1) To sue and be sued by the corporate name. (2) To have and use a common seal, which it may alter at 786 CITY ORDINANCES. CHARTER MEMPHIS STREET RAILWAY EXTENSION COMPANY. pleasure; if no common seal, then the signature of the company by any duly authorized officer shall be legal and binding. (3) To purchase and hold, or receive by gift, in addition to the personal property owned by said corporation, any real estate necessary for the transaction of the corporate business of the | company, and also to purchase or accept any real estate in pay- ment or part payment of any debt due the corporation, and sell realty for corporate purposes. (4) To establish by-laws and make all rules and regulations not inconsistent with the laws and the constitution deemed expe- dient for the management of corporate affairs. (5) To appoint such subordinate officers and agents, in addi- tion to the President, Secretary or Treasurer, as the business of the corporation may require. (6) To designate the name of the office and fix the compensa- tion of the officers. (7) To borrow money and issue notes or bonds upon the faith of the corporate property, and also to execute a mortgage or mortgages as further security for re-payment of money thus borrowed. The following provisions and restrictions are coupled with said grant of powers: (1) ey CITY ORDINANCES. 795 MEMPHIS STREET RAILWAY. twenty (20) feet in width—the limits of said strip to be ten (10) feet each side of the center line between tracks. Sec. 1240. The matters contained in this ordinance, however, are given upon the following terms and conditions: First. As a condition of this ordinance, That the Memphis Street Railway Company be required to construct a first-class concrete curbing on the north and south boundaries of the said strip, except at street intersections, where the curb shall be made to the intersection, then the limits of said right of way shall be graveled or macadamized, according to plans and speci- fications to be furnished by the City Engineer, and to be main- tained in first-class condition. Second. The poles for supporting the trolley and feed wires shall be placed on the sidewalks back of curb line. Third. All work provided for herein shall be done under the supervision of the City Engineer, and the same shall be done contemporaneously with the improvement of Madison avenue, between Claybrook and Cooper streets, by the City of Memphis. Sec. 1241. The Memphis Street Railway Company shall, in writing, accept the provisions of this ordinance within ten days after its final passage.t ACCEPTANCE, To the Mayor and the Honorable Legislative Council of the City of Memphis: The Memphis Street Railway Company herewith formally ac- cepts the provisions of an ordinance passed by the City of Memphis, through its Legislative Council, on the 17th day of September, 1908, and approved by the Mayor of the City ot Memphis on the 17th day of September, 1908, the title of which ordinance is as follows: “An Ordinance limiting and confirming the right of way of the Memphis Street Railway Company on 1 Ordinance No. 14 passed September 17, 1908. Conditions. 796 CITY ORDINANCES. MEMPHIS STREET RAILWAY. Central avenue Lamar avenue neutral strip. Madison avenue, between Claybrook street and Cooper avenue, in the City of Memphis, and providing. for the curbing of same,” and herewith binds itself to carry out all the provisions of this ordinance, and especially of Section 3, as follows, to-wit: “Be it further ordained, That the Memphis Street Railway Company shall, in writing, accept the provisions of this ordinance within ten days after its final passage.” Respectfully, THE MEMPHIS STREET RAILWAY COMPANY, By T. H. TUTWILER, President. Sec. 124la. Be it resolved by the Legislative Council of the City of Memphis, That the Memphis Street Railway Company is hereby given permission, subject to all rights, privileges, condi- tions and obligations of the ordinance passed November 20, 1895, to occupy with its tracks and service Florida avenue, from Gholson street to the south side of Kerr avenue. Adopted October 8, 1903. (Book F, page 257.) RESOLUTION. Sec. 1241b. Be it resolved by the Legislative Council of the City of Memphis, That permission is hereby given to the Mem- phis Street Railway Company, subject to the ordinance passed November 20, 1895, to extend its present tracks from Central avenue east on Lamar boulevard to a point three hundred feet east of intersection of Brown avenue; be it further Resolved, That a neutral strip of land twenty feet in width in the center of the street on Lamar boulevard from a point where the said boulevard intersects with Willett avenue, thence eastwardly to the intersection of Rozelle avenue, may be used by the Memphis Street Railway Company for right of way pur- poses; provided, the street be not less than eighty feet wide CITY ORDINANCES. 797 EQUITABLE GAS LIGHT COMPANY. where the neutral strip begins and with the consent of the abutting property owners. Book F, page 334, Legislative Council, June 9, 1904. Sec. 1241c. Be it resolved, That the Memphis Street Rail- | way Company be required to instruct its conductors to announce the names of each street crossing in a loud and distinct voice. Also to stop at each crossing to receive and discharge passen- gers. Adopted January 24, 1908. (Book B, Public Works, page 30.) ARTICLE e7 7, EQUITABLE GAS LIGHT COMPANY. ORDINANCE NO. 1. Sec. 1242. Be it ordained by the Legislative Council of the City of Memphis, That the New Memphis Gas Light Company and the Equitable Gas Light Company, both gas companies cre- ated and existing under the laws of the State of Tennessee, and doing business in Memphis, Tenn., are hereby given permission ponsios and granted the right to consolidate, either by the merger of date. one conipany into the other, or to operate their respective plants under common management, or to transfer their respective phy- sical properties to a third gas company, to be hereafter organized under the laws of Tennessee. The permission is given, however, on the following terms Conditions. and conditions, which are conditions precedent: First. During the ten years commencing January 1st, 1899, Prices of gas. the Equitable Gas Light Company, the New Memphis Gas Light Company, and any successor to them, and any purchaser of their properties, shall sell gas to the public at prices not exceeding the following, to-wit: 798 CITY ORDINANCES. EQUITABLE GAS LIGHT COMPANY. Illuminating Gas. Fuel Gas. During Year Per 1,000 cu. ft. Per 1,000 cu. ft. LBRO St sae eter ice cate meee tome $1.50 $1.25 TAS AU Mig sie 8 Ad Mi MR ac 1.48 1.28 GON Sine Seep case ato Bia cee eae 1.46 121° Ze Roce tens aie cron hee Naren 1.44 1.19 SAE ae avn NOG ANE A) ES 1.42 | 1A7 TOOL SSS. 1 pie eee 1.40 1.15 LOOS Se a esiere er ee nae 1.38: 13 LOCO Se asee eens sree Cae fre bE LOOT Sau enters see ee ee 1.34 1.09 QO SS Ces nies cea aes ee ete eae 1.25 1.00 These reductions in rates shall be put in force and maintained irrespective of the amount of gas consumed. But if at any time during the twenty years, commencing Janu- ary 1, 1899, the combined annual sales of illuminating and fuel gas sold by said two gas companies, and any successor or pur- chaser from them, as ascertained from consumers’ meters, agegre- gate the following amounts, the following prices shall be charged, namely: | Feet. Illuminating Gas. Fuel Gas. 110;000.0005. 1 ute pene ee $1.45 $1.20 190,000,000 0G ce een ete 1.40 1.15 130000000 see eee 1.35 1100 140,000 000) ten eee ee 1.30 ee 150000, 0000s conn 1.25 1.00 160,000,000) oi a ee 1.20 1.00 170,000,000). sce een 1.15 - 1,00 180:000/000 Sun ee ee eee 1.10 1.00 190,000-000 (fe eae at 1.05 1.00 300,000,000.) one e Gout an mie ERs te 1.00 And if the application of the last mentioned scale of prices, that is, the one upon the basis of the amount of consumption, CITY ORDINANCES. 799 EQUITABLE GAS LIGHT COMPANY. would at any time result in a lower price of gas than the scale providing for a reduction of 2 cents on the 1,000 cubic feet a year from 1899 to 1907, and 9 cents per 1,000 cubic feet for the year 1898, then the price as governed by the amount of consump- tion shall prevail, and it is hereby intended and ordained that that scale of prices shall prevail which shall produce the low- est price. After 1908 no gas shall be sold at a price exceeding $1.25 per 1,000 cubic feet for illumination and $1 per 1,000 cubic feet for fuel gas; but if during the ten years commencing January l, 1909, the aggregate annual consumption of gas exceeds 150,000,- 000 cubie feet, the scale of prices hereinbefore set forth, based upon the amount of consumption, shall be put in force and maintained. After the expiration of the twenty years commencing January 1, 1899, the maximum prices for gas in force at that time under the provisions of this ordinance shall not be exceeded without the consent of the city, but nothing in this ordinance contained shall be construed as a limitation upon the power of the city to reduce further the price of gas, either during or after the expiration of the said twenty years, and the city hereby expressly reserves the right to exercise at any time all police powers and powers of regulation respecting the price of gas, and in all other respects now rightfully existing in or that may hereafter be law- fully conferred upon it. ° If the gas bill of the consumer is not paid within the first six days of the succeeding month after the gas is consumed, an additional charge of 5 cents per 1,000 cubic feet may be added by the company, and if the gas bill is not paid within the second Six days, an additional penalty of 5 cents per 1,000 cubic feet may be added. Second. Before the permission for the consolidation herein granted shall be exercised by said gas companies, the New Dismissal suit. of 800 CITY ORDINANCES. EQUITABLE GAS LIGHT COMPANY. Payment to city. City lamp posts. Laying of pipes. Memphis Gas Light Company shall cause to be entered a consent decree in the suit filed by it in the United States Circuit Court at Memphis, against the City of Memphis, on December 27, 1895, which decree shall dissolve the injunction obtained in gaid case, and said suit shall be dismissed at the cost of said gas light company. ae Third. In consideration of the privilege of consolidating, the Equitable Gas Light Company and the New Memphis Gas Light Company shall pay to the City of Memphis the sum of fifty thousand dollars, said sum to be paid as follows: Commencing with January 1, 1899, $5,000 shall be paid on January 1, and again on July 1 of each year, during the next three years; and commencing with January 1, 1902, $2,500 shall be paid on January 1, and again on July 1 of each year during the ensuing four years, and promissory notes shall be jointly executed by said two companies evidencing said indebtedness; and any successor to them, or any purchaser of their property shall, before going into possession of said plant or plants, or operating the same, also execute any of said notes then outstand- ing. Fourth. Said gas companies and their successor and the pur- chaser from them, shall erect along its mains and extensions lamp posts whenever and wherever ordered by the city, the said posts and lamps to be furnished by the city, but they are to be erected and connected and kept in good order and condi- tion by said gas companies, and the purchaser from them, free of cost to the city. And whenever mains, sewer pipes or connections are made or laid in the city, or any extension thereof, the gas company or companies, their. successors or assigns, shall first get the con-— sent of the city for the occupation of the streets, alleys or high- ways, and whenever sidewalks or pavements of any kind are taken up by said gas company for the purpose of laying said yer. CITY ORDINANCES. 801 EQUITABLE GAS LIGHT COMPANY. mains or pipes, the City Engineer shall relay or replace said side- walks or pavements at the expense of said gas company, and said expense shall be paid within thirty days after presentation of said Dill. Fifth. Said gas companies and the purchasers from them shall in no event furnish gas to the city or its inhabitants of less than 20 candle power, and they are relieved of the duty of furnishing gas of more than 20 candle power. But nothing in this ordinance shall. be considered to limit the right of any consumer to attach to or near his burners any im- proved burner, regulator or carburetter. Sixth. Said gas companies, or the purchasers from them, shall furnish to the consumer correct meters. Said meters shall be subject at all times to the inspection of the inspector selected and chosen by the city. All meters running either fast or slow, not more than 2 per cent., shall not be considered in violation of the law or subject the offender to a fine, but said meter shall, upon request of the consumer, be corrected. If a meter is fast beyond 2 per cent., then credit shall be given upon the bills of the company furnishing the gas for said excess; ‘but no allowances of said credit shall be made beyond a period of six months. Seventh. Said gas companies and the purchaser from them shall furnish free of cost service pipes from their mains to the property line of the consumer. Highth. Said gas companies and the purchaser from them, whenever notified by the city, shall extend their pipes into any part and along any streets of the City of Memphis, and all of the territory hereafter. annexed thereto, whenever there shall . be as many as two consumers and one street lamp for each two hundred feet of the extension, or if no street lamp, then when- ever there shall be as many as five consumers for each two hun- dred feet of the extension. Quality of gas. Meters. Inspection. Service ,pipe. Annexed territory. 802 CITY ORDINANCES. EQUITABLE GAS LIGHT COMPANY. Sworn state- ment as to amount of gas sold. Action for overcharge. Exclusive rights, Agreement to be executed. Ninth. When the consumer uses only one meter, said gas companies or the purchaser from them, can, at their option, charge the price of illuminating gas; but if the premises occu- pied by the consumer are piped for illuminating and fuel gas through separate systems, the gas companies on demand shall furnish a meter for each system free of cost to the consumer. Tenth. & My Vo Re RB. or third parties hereto, nor as a waiver or abridgement of any of the taxing powers of the city. Witness the hands and seals of the respective parties hereto, this the day and year above written. J. J. WILLIAMS, HU L. BRINKLEY, Fire and Police Commissioners. G. D. RAINE, EK. J. CARRINGTON, P. J. MORAN, .- E. C. GREEN, Pretie a Ty, THOS. CLARK, Board of Public Works. FORT PICKERING RY. CO. (Seal.) By E. M. KEMP, President. , EK. B. LEMASTER, Secretary the Fort Pickering Ry. Co. (Seal.) KANSAS CITY, FT. SCOTT & MEMPHIS R. R. Cu. By B. L. WINCHELL, President. (Seal.) ARTICLE 89. ILLINOIS CENTRAL RAILROAD AND THE YAZOO & MISSISSIPPI VALLEY RAILROAD. ORDINANCE NO. 1. Sec. 13874. Be it ordained by the Legislative Council of the City of Memphis, That the Illinois Central Railroad Company be, and is hereby, granted the permission and right to construct and operate railroad tracks in the City of Merphis over and along the following route: A track diverging (at or near the intersection of the center ee into : Linden line of Pontotoc street with the eastern margin of Tennessee ‘tation. street) from the existing sidetrack now laid along the eastern 906 CITY ORDINANCES. YAZOO & MISSISSIPPI VALLEY RAILROAD. Linden street. Pontotoc street. ‘Tennessee street. Stipulation. Calhoun street. margin of Tennessee street; thence running in a northeasterly direction along and across Pontotoc and Tennessee streets into the private property of the Linden Station Company, with the right to shift eastwardly about four (4) feet, more or less, said existing sidetrack at and near said point of divergence, provided ithe said track shall be located, constructed and operated so as not to materially interfere with the operation of the said exist- ing sidetrack by any company which may now have the right to operate said existing sidetrack; also two tracks across Linden street between Tennessee street and Clinton street, so as to con- nect with the proposed tracks of the Linden Station; all of which is more definitely shown by the lines in red on blue print attached to this ordinance, and made a part hereof as “Exhibit A,” pro: vided the rights and privileges hereby granted are eranted sub- ject to the will and pleasure of the Legislative Council. Sec. 1375. This ordinance shall be accepted in Spee by the Illinois Central Railroad Company within ten (10) days after its passage and approval, and upon such acceptance this ordinance shall constitute a contract between the City of Memphis and the Illinois Central Railroad Company. This grant shall be void it not accepted as just provided. ORDINANCE NO. 2. Sec. 1876. Be it ordained by the Legislative Council of the City of Memphis, That the Yazoo & Mississippi Valley Railroad Company, its successors and assigns, be, and are hereby, granted the right to construct and operate a railroad track across Cal- houn street, said point of crossing being about one hundred and eighty-four feet west of the west margin of Shelby street. But this grant is made subject to the following conditions: First. That the track be so located that the east rail shall not be nearer than seven feet to the building of Mr. P. Pidgeon, 1 Ordinance No. 1 passed September 27, 1905. CITY ORDINANCES. : 907 YAZOO & MISSISSIPPI VALLEY RAILROAD. and that any interference with the natural drainage caused by the construction of said track shall be so taken care of by the Yazoo & Mississippi Valley Railroad Company as not to injure the premises of Mr. P. Pidgeon. Second. That the Yazoo & Mississippi Valley Railroad Com- pee pany shall, at its own expense, construct and maintain the said track, including the crossings of the tracks of the Memphis Street Railway, and that the said track crossings shall be con- structed under the supervision of the City Engineer, and in a manner approved by him. Third. That the Yazoo & Mississippi Valley Railroad Company Paving. shall, at all times, maintain the said crossing, and the paving therein, in first-class condition. Fourth. That the Yazoo & Mississippi Valley Railroad Coin- Gate flagman. pany shall construct and maintain across the said track a gate on the south side of Calhoun street, and the said gate shall be kept closed and locked, except that it may be opened for the passage of cars across the north side of Calhoun street, and, when so opened, a flagman shall be placed in the center of said street to warn vehicles and street cars of the approach of the train. Fifth. That said track shall only be used for the continuous Leer raph passage of cars and engines without stopping from one side of Calhoun street to the other, and that said street shall not be blocked by the stopping of cars and engines on the street. Sixth. This grant is made subject to the will and pleasure Limitation. of the Legislative Council of the City of Memphis." 1 Ordinance No. 2 passed April 17, 1906. 908 CITY ORDINANCES. TENNESSEE COTTON. OIL CO.—ILL. CENT. R. R. Track across Adams _ street. Conditions. Limitations. Clinton street, from Gayoso to Union. 9 ORDINANCE NO. 3. TENNESSEE COTTON OIL COMPANY. Sec. 1377. Be it ordained by the Legislative Council of the City of Memphis, That the Tennessee Cotton Oil Company, a corporation chartered under the laws of the State of Tenrressee, be, and is hereby, granted. permission and given the right to construct and operate a sidetrack for commercial, steam engine and cars across Adams street at the intersection with Promenade street, the said sidetrack to be constructed just west of the Frisco Railroad, on Adams street. Sec. 1378. The above permission is granted subject to the following conditions: First. The track is to be laid in accordance with the grades fixed by the Engineer, and in such manner as not to interfere with the passage of vehicles along Adams street and crossing said track. Second. Said Tennessee Cotton Oil Company is granted the permission to maintain said track subject to the will and pleas- ure of the Legislative Council of the City of Memphis, and shall remove the same within twenty days after written notice given to do so.* ORDINANCE NO. 4. Sec. 1879. Be it ordained by the Legislative Council of the City of Memphis, That the Illinois Central Railroad Company is hereby granted the right to construct and operate a sidetrack, beginning at a point in the present Illinois Central Railroad side- track on the east margin of Clinton street, and about thirty-five (35) feet south of the south margin of Gayoso street extended, -and extending north along the east margin of Clinton street about 1 Ordinance No. 38 passed July 16, 1908. CITY ORDINANCES. Cape Day ke (oe INC. two hundred and sixty (260) feet to an eight (8) foot alley lying between Gayoso street and Union street. Said sidetrack is herein shown in red on the blue print hereto attached, marked “Exhibit A,’ and made a part hereof. Sec. 1380. The right to lay and maintain said sidetrack is at the will and pleasure of the Legislative Council, and the same shall be constructed under the supervision of the City Engineer and to his satisfaction.’ ARTICLE 90. CILICAGO, ST. LOUIS & NEW ORLEANS RAILROAD COMPANY, ET AL. ORDINANCE NO. 1. Sec. 1381. Be it ordained by the Legislative Council of the City of Memphis, That the Chicago, St. Louis & New Orleans Railroad Company, the Yazoo & Mississippi Valley Railroad Com- pany, and the Louisville & Nashville Railroad Company, their successors and assigns, be, and they are hereby, granted the right to construct and operate a sidetrack or switch upon the north margin of Trezevant street and across Clinton street, as follows: Beginning at a point two feet south of the north line of Treze- vant street at the northwest intersection of Trezevant street and Shelby street, in the City of Memphis, extending thence in a westerly direction parallel with the north line of Trezevant street and upon the north side of said Trezevant street to Clinton street, extending thence across said Clinton street, tending to the north so as to enter the southeast corner of the property sit- uated at the northwest corner of Trezevant and Clinton streets. Said sidetrack or switch is more definitely shown by red lines appearing upon the blue print attached hereto, marked “Exhibit A,” and made a part hereof. 1 Ordinance No. 4 passed July 24, 1908. 909 R. KR. ET AL. Limitation. Trezevant street. 910 CITY ORDINANCES. OP SIRs lua ire Nin Os nDEQ nis 5 gE 0h, SACK Conditions. Limitation. Stipulation. Carolina street. Sec. 1382. The rights and privileges provided for in Section — 1 of this ordinance are granted upon the following. conditions, — to-wit: First. That the sidetracks or switch provided for in Section 1 shall be and become part of the track constructed under a con- tract dated June 21, 1880, between the Taxing District of Shelby County and the Mississippi & Tennessee Railroad Company, and Shall become subject to all the terms of said contract, except that the right to lay said track and to maintain the same, as herein provided, is granted subject to the will and pleasure ot the Legislative Council of the City of Memphis. Second. That the said railroad companies, their successors and assigns will, upon sixty (60) days’ written notice from the Legislative Council of the City of Memphis, remove said tracks or switch. Third. That the City Engineer shall have full control of and supervision over the work, paving and laying of tracks, and that the same shall be done to his entire satisfaction. Fourth. That no part of this ordinance shall become effective until it has been duly accepted in writing by said railroad com- panies, through their duly authorized agents, which written acceptance shall be filed with the City Register within thirty (30) days from the date of its final passage.* ORDINANCE NO. 2. Sec. 1383. The Chicago, St. Louis & New Orleans Railroad Company, its successors and assigns, are hereby authorized to construct and operate two railroad tracks across Carolina street, between Main street and Texas avenue, said tracks being located east of the present tracks crossing Carolina street and west of the warehouse recently constructed by the Chicago, St Louis & New 1 Ordinance No. 1 passed September 17, 1908. CITY ORDINANCES. 911 MEMPHIS TERMINAL COMPANY. Orleans Railroad Company, which warehouse abuts on the west side of Main street, and extends from Georgia street to Carolina street. Sec. 1384. The rights and privileges herein granted are granied subject to the following conditions and restrictions: First. That the tracks are to be laid under the supervision of the City Engineer. Second. That this grant is made subject to the conditions, limitations and restrictions of the contract of said railroad com- pany with the City of Memphis. Third. That this grant is made subject to the will and pleas- ure of the Legislative Council of the City of Memphis.’ ARTICLE 91. MEMPHIS RAILROAD TERMINAL COMPANY. ORDINANCE NO. 1. AN ORDINANCE to be entitled “An ordinance granting certain BEhiR privileges and franchises in the City of Memphis, Ten- nessee, to the Memphis Railroad Terminal Company, for the purpose of constructing, operating and ‘maintaining within the corporate limits of said city passenger stations and termi- nats.”’ Sec. 1385. Subsection 1. Be it ordained by the Legislative Council of the City of Memphis, Tennessee, That the Memphis Railroad Terminal Company, a corporation organized and char- tered under the laws of the State of Tennessee (hereinafter in this ordinance called Terminal Company), be, and is hereby, authorized and empowered to construct, operate and maintain within the corporate limits of the City of Memphis, Tennessee, passenger stations, comprising passenger depots, office buildings, 1 Ordinance No. 2 passed February 13, 1906. Limitations. Franchise. Union pas- senger station and terminals. hie CITY ORDINANCES. MEMPHIS TERMINAL : COMPANY. sheds, storage yards, roundhouses and machine shops; also such main and sidetracks, switches, crossovers, turnouts and other terminal railroad facilities, appurtenances and accommodations, suitable in size, location and manner of construction to perform promptly and efficiently the work of receiving, delivering, trans- ferring and moving all passengers and passenger traffic of the railroad companies with which it may enter into contracts, for the use of its said terminal facilities. Subsec. 2. Be it further ordained, That, insofar as the con- struction, operation and maintenance of the said passenger sta- ‘tion, depots, office buildings, sheds, storage yards, warehouses, machine shops, roundhouses, main and _ sidetracks, switches, crossovers, turnouts and other termina! railroad facilities, appur- tenances and accommodations may affect the streets, avenues, alleys and public grounds, ways and places in the City of Mem- phis, that the said rights, privileges and franchises are subject to the requirements, limitations, conditions and restrictions as may hereinafter in this ordinance be provided for and imposed upon said Terminal Company. Subsec. 8. Be it further ordained, That the Memphis Railroad Terminal Company is hereby granted the following rights, privi- leges and franchises relative to the hereinafter public streets, avenues, alleys, highways and public grounds, ways and places in the City of Memphis, Tenn., to-wit: pdisns 1. Indiana Street—Grade Crossing. The Terminal Company is given and granted the right, privilege and permission to cross Indiana street with two railroad tracks at grade, between Vir- ginia avenue on the north and Iowa avenue on the south, and south of the existing railroad tracks now crossing Indiana street between Virginia avenue and Iowa avenue. The grade of the base of the rails of the Terminal Company’s tracks to be approx1- mately one hundred and seventy-six and one-half (17614) feet, CITY ORDINANCES. 913 MEMPHIS TERMINAL COMPANY. city datum; and the grade of said street to be changed to make the approaches to said grade crossing of easy access to the trav- eling public. 2. Arkansas Street—Grade Crossing. The Terminal Company is given and granted the right, privilege and permission to cross Arkansas street, at grade, with two railroad tracks, between Virginia avenue on the north and Iowa avenue on the south, and south of the existing railroad tracks, crossing Arkansas street between Virginia avenue and Iowa avenue. The Terminal Company is given and granted the right and permission to change the present grade of Arkansas street, so as to elevate the same at the place where the railroad tracks of the Terminal Company shall cross Arkansas street, so that the base of the rails of said track shall be approximately at an elevation of one hundred and seventy-five and twenty-five one hun- dredths (175.25) feet, city datum, and to change the grade of said street from the north line of Iowa avenue, so as to make the approaches to said grade crossings of easy access to the traveling public. Provided, however, that, whenever the City of Memphis shall require the Kansas City & Memphis Railway & Bridge Company to provide for a separation of the grade of its tracks and Arkan- gas street, that the Terminal Company shall be required, and nereby agrees and obligates itself to provide for a separation of the grade at said street. 3. Louisiana Street—Closed. The Terminal Company is hereby given and granted the right, privilege and permission to cross Louisiana street with two or more railroad tracks between Virginia avenue and Iowa avenue, and south of the existing rail- road tracks now crossing Louisiana street between Virginia ave- nue and Iowa avenue. Arkansas street. Change grade. Separation of grade. Louisiana street. 914 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Alleys closed. Separate grade of tracks. To pave and curb. Pennsyl- vania avenue. Clearance. Louisiana street south of the southern line of the right of way of the Kansas City & Memphis Railway & Bridge Company to the north line of Iowa avenue, and all the existing public and — private alleys between Arkansas street on the west, and Louis- iana street on the east, and south of the southern boundary. of the right of way of the Kansas City & Memphis Railway & Bridge Company to the north line of Iowa avenue, are hereby vacated and closed, and the Terminal Company is granted per- mission to cross the same with two or more railroad tracks. Provided, however, that whenever the City of Memphis shall require the Kansas City & Memphis Railway & Bridge Company to separate the grade of its tracks across Louisiana street, the Terminal Company shall be required to reopen Louisiana street as hereinbefore ordered closed, and to provide a separation of grade of Louisiana street and the tracks of the Terminal Com- pany. The Terminal Company is granted the permission to change the grade of Louisiana street as it at present exists, not exceed- ing two (2) feet, and when said street is reopened, as herein provided, the Terminal Company shall pave and curb said aireet from the north line of Iowa avenue to the south line of the right of way of the Kansas City & Memphis Railway & Bridge Company. 4. Pennsylvania—Overhead Crossing. The Terminal Company is authorized, and is granted the right, privilege and permission to cross Pennsylvania avenue with two or more railroad ak by overhead crossing between the south boundary of the right of way of the Kansas City & Memphis Railway & Bridge Com- pany and the north line of Iowa avenue. The Terminal Company is required to construct and maintain over Pennsylvania avenue a structure of steel or reinforced con- CITY ORDINANCES. 915 MEMPHIS TERMINAL COMPANY. crete, so as to provide a clearance of fourteen feet and six inches (1414); the abutment of said structure to be placed on the prop- erty line. and the columns or supports upon the curb line. The Terminal Company is granted the right, privilege and permission to change the present grade of Pennsylvania avenue between the north line of Iowa avenue and the south boundary line of the Kansas City & Memphis Railway & Bridge Company, the same not to exceed one and one-half (114) feet, and the maximum grade of Pennsylvania avenue is not to exceed four (4) per cent., and is required to replace said street, curbing and sidewalk in as good condition as the same are at the present time. The existing public and private alleys, ways and places be- tween Louisiana avenue and Pennsylvania avenue, and south of the southern boundary line of the right of way of the Kansas City & Memphis Railway & Bridge Company, and north of the north line of Iowa avenue, are hereby vacated and closed, and the Terminal Company is granted and given permission and authority to occupy and cross the same with two or more rail- road tracks. 5. Kansas Avenue—Overhead Crossing. The Terminal Com- pany is given and granted the right, privilege and permission to cross Kansas avenue by overhead crossing with two or more railroad tracks, at a point south of the right of way of the Kansas City & Memphis Railway & Bridge Company, and north _ of the north line of Iowa avenue. The Terminal Company is required to construct and maintain for its said overhead crossings a structure of steel or reinforced concrete: the abutments may be placed on the property line, and the columns or supports upon the curb line, so as to pro- vide a minimum clearance between the top of the rail of the Change of grade. Alleys closed. Kansas avenue. Clearance, 916 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Alleys closed. Change grade. Kentucky. avenue. Clearance. railroad tracks on Kansas avenue, an overhead structure of twenty-one (21) feet. The Terminal Company is also granted permission to occupy and cross with two or more tracks all existing public or private alleys, public ways and places between Pennsylvania avenue and Kansas avenue, and south of the south line of the rene of way ot the Kansas City & Memphis Railway & Bridge Company, and north of the north line of lowa avenue, and the same ane hereby vacated and closed between the points above mentioned. The Terminal Company may make such changes in the present grade of Kansas avenue, not to exceed one foot, as may be nec- essary between the north line of Iowa avenue and Virginia ave- nue; provided the maximum grade of Kansas avenue, as changed, shall not be more than 2 per cent. The Terminal Company -is required to restore Kansas avenue in as good condition as it is at the present time, as to the side- walks, curbing and paving. 6. Kentucky Avenue—Overhead Crossing. The Terminal Company is authorized to cross, and the right, privilege and per- mission is hereby granted to it, to cross Kentucky avenue by overhead crossing, with two or more railroad tracks between the north line of Iowa avenue and one hundred and fifty (150) feet north of the north line of Iowa avenue. In order to provide for its said overhead crossing, the Terminal Company is required to construct and maintain a structure of steel or reinforced concrete so as to provide a minimum clearance between the top of the rail of the existing railroad tracks in Ikentucky avenue and the bottom of said overhead structure of twenty-one (21) feet. The abutments of said structure may be placed upon the property line and the columns or supports upon the curb line. CITY ORDINANCES. 917 MEMPHIS TERMINAL COMPANY. e The Terminal Company is authorized to make such changes in the present grade of Kentucky avenue, between the north line of Iowa avenue and Virginia avenue, not to exceed one foot, as may be deemed necessary; provided, the maximum grade of Kentucky avenue, as changed, shall not at any place exceed 2 per cent., and is required to restore said avenue in as good con- dition as it at present exists, both as to curbing, sidewalks and paving. Permission is also granted to the said Terminal Company to occupy and cross with two or more railroad tracks all interven- ing public and private alleys between Kansas avenue on the west and Kentucky avenue on the east, between the north line of Iowa avenue and a line parallel thereto lying one hundred and fifty (150) feet north thereof, and between said points the said alleys are hereby vacated and ordered to be closed. 7. Florida Avenue—Overhead Crossing. The Terminal Com- pany is authorized to cross, and is granted the right, privilege and permission to cross, Florida avenue by overhead crossing with two or more tracks, between the north line of lowa avenue on the south and a point one hundred and fifty (150) feet north of the north line of Iowa avenue. The Terminal Company is required to construct and maintain for its overhead crossing a structure of steel or reinforced con- crete, so as to provide a minimum clearance of eighteen (18) feet, the said surface of Florida avenue not to be disturbed, and may place the abutments of the same upon the property line, and columns or supports upon the curb line. Permission is also granted to it to occupy and cross with two or more tracks, all intervening public and private alleys be- tween Kentucky avenue and Florida avenue, and the same are hereby vacated and ordered to be closed, between the north line Grade. Alleys closed. Florida avenue, Clearance. Alleys closed. 918 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Texas avenue. Clearance. Alleys closed. Main street. of Iowa avenue on the south, and a line parallel thereto and one hundred and fifty (150) feet north thereof. 8. Texas Avenue, or Street—Overhead Crossing. The Termi- nal Company is hereby authorized and is granted the right, privi- lege and permission to cross Texas avenue by overhead crossing with two or more railroad tracks north of the north line of Iowa avenue, and south of a point in Texas avenue, one hundred and fifty (150) feet north of the north line of lowa avenue, The Terminal Company is required to construct and maintain for its said overhead crossing a steel or reinforced concrete via- | duct so as to provide a minimum clearance of twenty-one (21) feet, provided that, in the event the City of Memphis shall re- quire the Illinois Central Railroad Company to elevate its tracks, that the Terminal Company shall be required to make said clear- - ance twenty-three and three-quarters (23%) feet, the abutments of which may be placed upon the property line, with such col- umns and structures in the street as will not interfere with the use of said street (where not occupied by railroad tracks), by the traveling public. It is also granted the right to occupy and cross with two or more tracks the existing public and private alleys between Flor- ida avenue on the west and Texas avenue on the east, between the north line of Iowa avenue and a line drawn parallel thereto and one hundred and fifty (150) feet north thereof, and same are hereby vacated and closed. 9. Main Street—Overhead Crossing. The Terminal Company is given and granted the right, privilege and permission to cross Main street by overhead crossing with two or more railroad tracks, between the north line of Iowa avenue on the south and a point in Main street two hundred (200) feet north of the north line of Iowa avenue. CITY ORDINANCES. 919 MEMPHIS TERMINAL COMPANY. The Terminal Company is required to construct and maintain for its overhead crossing a steel or reinforced concrete viaduct, so as to provide a minimum clearance of twenty-one (21) feet, and abutments may be placed upon the property line, with col- umns or supports upon the curb lines. The Terminal Company is required to widen Main street through the property of said company to a uniform width of sixty (60) feet; columns supporting the superstructure may be placed upon the curb line. 10. Michigan Avenue—Closed. The Terminal Company is granted the privilege and permission to cross Michigan avenue with four or more railroad tracks between the north line of lowa avenue on the south and the south line of Virginia avenue on the north; and Michigan avenue, between Virginia avenue and Iowa avenue, is hereby vacated and ordered closed. 11. Iowa Avenue—Overhead Crossing. The Terminal Com- pany is given and granted the right, privilege and permission to cross Iowa avenue with two or more tracks by overhead cross- ing, between the west line of Main street extended across [owa ‘avenue and the east line of Michigan avenue extended south across Iowa avenue. In order to provide for its overhead crossing, the Terminal Company is required to construct and maintain a structure of steel or reinforced concrete, so as to provide a minimum clear- ance of fourteen and one-half (1414) feet; the abutments of which may be placed upon the property line, and the columns or sup- ports upon the curb line, and the grade line of Iowa avenue may be lowered at said point of crossing not to exceed three and one-half (314) feet, if found necessary. 12. Rayburn Avenue—Overhead Crossing. The Terminal Com- pany is granted the right, privilege and permission to cross Ray- burn avenue between the south line of Virginia avenue on the ’ Clearance. To widen street. Michigan avenue. Iowa avenue. Clearance. Rayburn avenue. 920 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Clearance. Grade. Alleys closed. South street, Third north and the north line of the alley between Iowa avenue and Virginia avenue on the south, with five or more railroad tracks. In order to provide for the overhead crossing, the Terminal Company is required to construct and maintain two structures of steel or reinforced concrete, so as to provide a minimum clearance of fourteen and one-half (1414) feet, the abutments of which structures may be placed upon the nigueree lines, and the columns or supports upon the curb lines. The Terminal Company is given and granted the right, privi- lege and permission to change the present grade of Rayburn avenue so as to make the maximum descending grade from the south to the lowest point not exceeding five (5) per cent., and the ascending grade from the lowest point north not exceeding four (4) per cent. The Terminal Company is required to restore the paving on Rayburn avenue, and also the sidewalks and curbs, and is to place the same in as good condition as they are at present. Grade of Virginia avenue is to be changed to make connection with changed grade of Rayburn avenue. It is also given and granted the privilege and permission to occupy and cross all public and private alleys with six or more tracks between Main street on the west, Rayburn avenue on the east, Virginia avenue on the north, and Iowa avenue on the south, and all such alleys embraced within said boundaries are hereby vacated and ordered to be closed. 13. South Third Street (formerly Poston Avenue) and South Fourth Street (formerly Davie Avenue)—South Third Street with Overhead Crossing; South Fourth Street Closed. The ‘l'er- minal Company is granted the right, privilege and permission to cross South Third street (formerly Poston avenue) and South Fourth street (formerly Davie avenue), with such main tracks, ‘sidetracks, Switches, drill tracks, turnouts, crossovers and other CITY ORDINANCES. va MEMPHIS TERMINAL COMPANY. tracks as may be necessary between the north line of lowa ave- nue on the south and a line parallel to the north line of Iowa avenue and distant from and north thereof four hundred and seventy (470) feet, and between said line as the north boundary line and the north boundary line of Iowa avenue as the south boundary line, the Terminal Company is granted permission to close South Fourth street, and the same, when so closed, is hereby declared vacated by the city, and the Terminal Company may occupy same. The Terminal Company is required to cross South Third street (formerly Poston averay with an overhead structure of steel or reinforced concrete, which they shall construct and maintain, with abutments that may be on the property line and columns or supports on the curb line, so as to give a minimum clearance between the street and structure of fourteen (14) feet and six (6) inches, and is permitted to change the grade of South Third street (formerly Poston avenue) to conform to the new grade otf Iowa avenue, so as to make the new grade of South Third street from Iowa avenue to Virginia avenue, extended, practi- eally level. All existing public and private ways, alleys and places be- tween Rayburn avenue (boulevard) on the west and South Third street on the east, north of Iowa avenue and south of Virginia avenue and Virginia avenue extended, to South Third street, are’ hereby vacated and ordéred to be closed, and the Terminal Com- pany is given and granted the right, privilege and permission to cross and occupy the same with its tracks, switches, turnouts, crossovers and signals. The Terminal Company agrees to pay the City of Memphis, for the purpose of opening a new street from the south line of Georgia street, south of the intersection of DeSoto street to where Third street, if extended north across Railroad avenue, South Fourth street closed. South Third street. Clearance. Alleys closed. To open street from Georgia to Railroad avenue, . 922 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. South Well- ington street. would intersect the north line of Railroad avenue, the sum of fifteen thousand dollars ($15,000.00). 14. South Wellington Street (formerly LaRose Street), Closed; South Lauderdale Street Closed; Driver Street (formerly Canno- van Street), Improved and Widened with Overhead Crossing; and Dutro. Place, Extended, Opened and Improved. The Terminal Company is given and granted the riche, privilege and permis- sion to close South Wellington street (formerly LaRose street), from a point one hundred and sixty-six (166) feet south of the south line of Iowa avenue, as it now exists, measured along South Wellington street, north to the south line of Broadway, and to occupy and cross the same with such number of main, side, switch, drill and other tracks, crossovers and turnouts as may be necessary, and to erect thereover such train sheds, platforms, buildings and other improvements as the Terminal Company may, in its judgment and discretion, from time to time determine to be necessary or desirable to the proper construction, development and operation of its said terminal facilities. The above grant of right, privilege and permission to so close South Wellington street, and to occupy the same is, however, subject to the rights of the Memphis Street Railway Extension Company, or its assigns, the Memphis Street Railway Company, to occupy the said South Wellington street (formerly LaRose street), with its tracks, poles, wires, etc., and to operate its car service thereover, as provided in the Memphis Street Railway Extension Company’s contract ordinance, passed final reading in the Legislative Council of the City of Memphis, February 22, 1905; provided, further, that in the event that before the above mentioned grant to the Terminal Company to close and occupy said South Wellington street (formerly LaRose street) be ac- cepted, then the Legislative Council of the City of Memphis agrees and binds itself to pass a valid ordinance granting to the Mem- CITY ORDINANCES. 923 MEMPHIS TERMINAL COMPANY. phis Street Railway Company the franchise right to occupy with its tracks, poles, wires, etc., and its car service, the following route, to-wit: Commencing at the angle in South Wellington street (formerly LaRose street), as now existing, approximately ——— feet south of Georgia avenue; and thence in a southeasterly direction on and over the sixty (60) foot street, as provided for in Section 3, Subsection 14, of this ordinance, the east line of which shall be the continuation of the present east line of South Wellington street (formerly LaRose street) from Georgia avenue to the angle above mentioned, to South Driver street, as located, widened and improved under the above mentioned provisions of this ordi- nance; thence south on said South Driver street to Alston avenue; thence west on Alston avenue to South Wellington street, with the right to construct such necessary curves, switches, turnouts, etce., as may be required in the operation of said tracks, under the ‘same terms and conditions, and for the same period of time as set forth in the contract ordinance of the Memphis Street Rail- way Company, passed final reading November 20, 1895, as found in Watkins’ Digest of the laws of the City of Memphis, on pages 481 to 489, inclusive, except that the Terminal Company be obli- gated to bear the whole expense of the original paving required upon that portion of said Driver street it is required to pave, the whole width of as is set forth above in this section of the ordi- nance, and that the Memphis Street Railway Company is relieved of this obligation as to said original paving, but not as to the maintenance of same in the proposed ordinance granting it rights of way on this street, in lieu of its present rights of way on said South Wellington street, closed, as aforesaid; then, and in that event, the right, privilege and permission above granted to the Terminal Company to close and occupy South Wellington street shall not be deemed to infringe upon the rights of the Mem- South street. Driver 924 MEMPHIS Lauderdale street. Driver street. CITY ORDINANCES. TERMINAL COMPANY. phis Street Railway Company, and the closing and occupation of said street shall not be subject to said rights. The Terminal Company is also given the right, privilege and permission to close Lauderdale street between the north line of Iowa avenue and a point three hundred and fifty (350) feet south of the south line of Broadway, measured on Lauderdale street, and to cross the same with such main, side, switch, drill and other tracks, crossovers and turnouts as said company, in its judgment and discretion, may determine to be necessary or desirable for the proper construction, development and operation ot .its said terminal facilities, and Lauderdale street, between the points above named, and South Wellington street, between the points above named, are hereby declared to be vacated and closed. The Terminal Company is also given and granted the right, privilege and permission to cross Driver street between Iowa and Broadway, as the same is required to be changed and im- proved in this ordinance, with such number of main, side, switch, drill and other tracks, crossovers and turnouts as the said com- pany may, in its judgment and discretion, determine to be nec- essary or desirable for the proper construction, development and operation of its said terminal facilities, the said crossing to be by an overhead structure which shall be constructed and main- tained by the Terminal Company, the clearance of which is to be fourteen (14) feet and six (6) inches between the top of the 1ail of the street car track of the Memphis Street Railway Com- pany, to be placed upon said Driver street in the bottom of said overhead structure, and which overhead structure is to be con- structed of steel or reinforced concrete, the abutments of which are to be placed on the property and the columns on the curb line, The Terminal Company is permitted to close, use and occupy - with its tracks, switches, turnouts, crossovers and other terminal CITY ORDINANCES. 925 MEMPHIS TERMINAL COMPANY. facilities the east twenty (20) feet of Driver street, between the south line of Broadway and the north line of Iowa avenue, and the said twenty (20) feet off of the east side of Driver street is to be conveyed by the Mayor of the City of Memphis, by deed duly Perduwiedecd and executed, to the Terminal Company, for its uses and purposes, as aforesaid. In consideration of the closing of South Wellington and Laud- erdale streets, as above provided, the conveyance to the Terminal Company of the portions of said street so closed, and the con- veyance to the Terminal Company of the east twenty (20) feet ot Driver street, as above provided, the Terminal Company is to widen and improve Driver street by opening, dedicating and deeding to the city a strip of land forty (40) feet wide, adjoin- ing Driver street on its west side, as it at .present exists, and extending from the north line of Iowa avenue to the south line of Broadway, so as to make the street sixty (60) feet wide, which is to be paved and curbed by the Terminal Company, and which is to be carried under the said tracks and improvements of the Terminal Company, as above provided. The Terminal Company is also required to provide a subway for Driver street, under Broadway, or Railroad avenue, for its full width of sixty (30) feet, which said subway is to be constructed of reinforced con- crete or steel girders upon concrete foundation; the paving of Driver street above mentioned shall be of vitrified brick, and shall be carried to the north line of Railroad avenue. The Terminal Company is also required to open a new strevi, being an extension or continuation of Dutro Place, from Lauder- dale street west to Driver street, as changed in this ordinance, which said extension of Dutro place is to be forty (40) feet wide, and to be of the same character as Driver street at the present. Driver street widened and improved. Subway for Driver street. To open a new street, 926 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Alleys closed. To open and improve Driver street. All existing public and private alleys, public ways and places not hereinbefore provided for between Henderson place (for- merly McKinney street) on the east, and South Third street (formerly Poston street) on the west, except as hereinbetore kept open, are hereby vacated and ordered closed; and the Terminal Company is given and granted the right, privilege and permission to occupy the same with such turnouts, crossovers and ocvher tracks and improvements as the said Terminal Company, in its judgment, may determine to be necessary or desirable to the proper development and operation of its said terminal facilities. The Terminal Company is required to open and improve Driver street north of East Railroad avenue, by extending the street provided for south of Railroad avenue, of a uniform width of sixty (60) feet northwardly until the same is intersected - by the southeasterly extension of the present east line of South Wellington street, as it runs south from East Georgia street, so as to make a street uniformly sixty (60) feet wide, from Alston avenue on the south to the connection with South Wel- lington street on the north, with an angle of approximately thirty-six (36) degrees, at a point approximately one hundred and eighty (180) feet north of the north line of Hast Railroad avenue. The said improvement to consist of grading, curbing, paving with gravel. Provided, further, that in any case where there is a removal of street or interurban railway tracks now constructed, caused by a change from one route to another, that the said Terminal Company shall bear, as a part of the expense of this removal, the expense of paving, graveling or macadamizing the space be- tween the rails of said tracks of the aforementioned street rail- way or interurban railway companies, and two feet on each side thereof, so as to leave the space within the said rails and two feet on each outside thereof in a like condition as it at present CITY ORDINANCES. O27 MEMPHIS TERMINAL COMPANY. exists, except where otherwise specified in the other provisions ot this ordinance. 15. Henderson Place (formerly McKinney street)—Closed: The Terminal Company is given and granted the right, privilege and permission to cross Henderson place (formerly McKinney street) with such main, side, switch, drill and other tracks, turnouts, crossovers as it may deem necessary or desirable tor the proper construction, maintenance and operation of its ter- minal facilities between the north line of Iowa avenue and a point three hundred and twenty (320) feet north of said north line of lowa avenue, and said street. Henderson place (formerly McKinney street) is hereby vacated and ordered to be closed between the above points. The alley connecting Henderson place with Iowa avenue, and between Henderson place and Mississippi avenue is vacated and ordered to be closed from the north line of Iowa avenue, a dis- tance of three hundred and ten (310) feet, ater breeaat| north along the west side of said alley, and the Terminal Company is given and granted permission and privilege to occupy the same with its tracks, turnouts and crossovers. 16. Mississippi avenue (Boulevard)—Under grade crossing: The Terminal Company is granted the right, privilege and per- mission to cross Mississippi avenue by undergrade crossing, so as to carry under Mississippi avenue four or more main, drill and side tracks; the said crossing to be between a point one hundred and fifty (150) feet from the north line of Iowa avenue, measured along the west line of Mississippi avenue and a point three hundred (300) feet from the north line of Iowa avenue, measured along the west line of Mississippi avenue. The Ter- minal Company is required to reconstruct and maintain Mis- Sissippi avenue over said tracks on a structure of steel or rein- lorced concrete, and is permitted to change the present grade Henderson place. Alley closed. Mississippi avenue. 928 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. East Cherry place. To open new street. Orleans street. of Mississippi avenue not exceeding two (2) feet from its pres- ent grade, so as to provide a minimum clearance of seventeen (17) feet between the tracks of the Terminal Company and Mississippi avenue. 17. East Cherry place (formerly Cherry alley): The Ter- minal Company is given and granted the right, privilege and. per- mission to cross Hast Cherry place at its present intersection with Mississippi avenue, and from said intersection, to a point measured northeastwardly along the south line of Hast Cherry place, distant one hundred and fifty (150) feet, and from which said point, which is in the western line of an alley between Mis- sissippi avenue (boulevard), and South Orleans street, Cherry place, as it at present exists, is ordered closed, and a new street is to be opened by the Terminal Company from said alley, con- necting with Mississippi avenue, on the north side of the tracks of the Terminal Company. The said. street is to be opened forty (40) feet wide, and Cherry place from said alley to Orleans street is to be widened to forty (40) feet, and the work necessary to the change of East Cherry place is to be done by the Terminal Company. The alley above referred to to be between Mississippi avenue (boulevard) and South Orleans street, is ordered closed from East Cherry place as it now exists, to a point one hundred and ninety (190) feet south thereae and the Terminal Company is granted permission to cross and occupy the same with such main and other tracks and signals as, in the judgment of the Terminal Company, may be necessary or desirable for the proper construction of its terminal facilities... 18. Orleans Street—Closed. The Terminal Company is granted the right, privilege and permission to cross Orleans street between the north line of an alley which runs parallel with Provine street, and which intersects Orleans street one hundred and fifty feet north of the intersection of Orleans street CITY ORDINANCES. 929 MEMPHIS TERMINAL COMPANY. and Provine street to a point one hundred feet north thereof with three or more main tracks, and such other tracks as the Terminal Company may, in its judgment and discretion, deem necessary or essential to the proper development and operation of its said terminal facilities, and between said points Orleans street is hereby ordered to be closed and vacated. The alley which extends from the alley which runs parallel to Provine street and one hundred and fifty (150) feet north thereof, and which reaches from said alley to Broadway, is ordered to be closed from a point one hundred (100) feet north of the north line of the intersection of said alleys to the inter- section of the same, and the Terminal Company is permitted to cross and occupy the same with three or more main, drill, emergency tracks and switches as in its judgment may be neces- sary or desirable for the proper operation of its said terminal facilities. 19. Iowa Avenue, Changed and Improved. Wallace Place, Ciosed. Willoughby Street, Closed. South Wellington Street (formerly LaRose street), Changed and Improved: Iowa avenue is ordered to be vacated and closed from the east line of South Fourth street (formerly Davie avenue), east to the west line of Driver street, as changed in this ordinance. Willoughby street is vacated and ordered closed from the south line of Iowa avenue, as at present, a distance of one hun- dred and sixty-six (166) feet south, measured along Willoughby: street. South Wellington street (formerly LaRose street), is vacated and ordered closed from the south line of Iowa avenue, as at present, a distance of one hundred and sixty-six (166) feet south, measured along South Wellington street. ' Wallace place is vacated and ordered closed from the south line of Iowa avenue, as it at present exists, a distance of one Alleys closed. Iowa avenue. Willoughby street. South Well- ington street, Wallace place. ‘CITY ORDINANCES. > MEMPILIS TERMINAL ‘COMPANY. To open street, from South Fourth to South Driver street. hundred and sixty-six (166) feet south, measured along said Wallace place. a The Terminal Company is hereby given and granted the right; privilege and permission to occupy the above portions of Iowa avenue, Willoughby street and South Wellington street, and Wallace place and all public and private alleys between a point one hundred and sixty-six (166) feet south of the present south line of Iowa avenue on the south and Iowa avenue on the north; South Fourth street on the west and Driver street, as opened and extended in this ordinance, on the east, and to erect thereon and thereover such depot buildings, office buildings, train sheds, platforms, signals, tracks, switches, crossovers and turnouts, appurtenances or public approaches as it may determine to be necessary for the development, construction and operation and maintenance of its terminal facilities. For and on behalf of the City of Memphis, the Mayor of Memphis is hereby authorized, empowered and directed to con- vey to the said Terminal Company, by deed duly executed and acknowledged, the above portions of iene avenue, Willoughby street and South Wellington street, and Wallace place, as above vacated and ordered to be closed. The said Terminal Company is to hold the same for the above uses, and for such other uses as may be necessary in the construction, maintenance and opera- tion of its said terminal facilties, and for providing for con- venient and easy access of the public thereto. The Terminal Company agrees to and binds and oblizates itself to open and deed to the City of Memphis by warranty deed a strip of land eighty (80) feet wide from the east line of South Fourth street east and parallel with Iowa avenue to the west line of South Driver street, for street purposes; the south line of said street being two hundred and forty-six (246) feet south of the south line of Iowa avenue. The Terminal Company ~ CITY ORDINANCES. 931 MEMPHIS TERMINAL COMPANY. further agrees to open and dedicate to the City of Memphis, for the benefit of the public, a street sixty (60) feet wide, being an extension south from Iowa avenue of Driver street to an inter- section of Alston avenue as it now exists. The streets above described which are to be opened and dedicated by the Terminal Company to the city for the uses of the public are to be graded and paved by the Terminal Company so as to afford the public convenient and easy access and approach to the station, and terminal facilities to be erected by the ‘l'er- minal Company. The Terminal Company is authorized to change the present gerade of Iowa avenue from South Fourth street west to Latham street so as to conform to the new grade of South Third street, provided the maximum grade of Iowa avenue, as authorized to be changed herein, shall not exceed four (4) per cent., and provided that the Terminal Company is to pave, curb and im- prove lowa avenue between the said points, in the same manner the new streets hereinbefore required to be opened and deeded to the city are to be curbed, paved and improved. The Terminal Company is required to widen Iowa avenue from South Third street to a point three hundred (300) feet east ot Rayburn avenue, by dedicating to the city ten (10) feet off ot the property of the Terminal Company on the north side of Iowa avenue, and deed the said strip to the City of Memphis. It is also required to grade, curb and pave Iowa avenue from South Third street to South Fourth street, and between South Third street and South Fourth street it is to open, widen and dedicate Iowa avenue so as to make the same a uniform width of eighty (80) feet. The Terminal Company is also to widen Iowa avenue from Driver street east to the first alley west of Mississippi avenue, (10) by dedicating and deeding to the city ten feet: of. the To open street from Driver street to Alston avenue. The streets opened to ‘be improved, Grade and pave lowa avenue. To widen Iowa avenue. 932 CITY ORDINANCES. MEMPIIS TERMINAL COMPANY. property of the Terminal Company on the north side of Iowa avenue, pate: front The Terminal Company also agrees that that portion of its property lying south of and in front of its station buildings is not to be used other than as an approach to its stations and grounds, until when, and in its judgment, it shall be necessary, in order to provide for prompt, efficient and satisfactory handling of the railroads entering and using said station, in which event the Terminal Company may use so much of said property as may be necessary or desirable for the increase and enlargement of its buildings. The said property is in no sense dedicated to the public, but the title thereto remains in the Terminal Company, and no easement is granted thereto or thereunder, except as stated. Virginia 20. Virginia Avenue: The Terminal Company shall be re- a at quired to open, deed and dedicate to the City of Memphis the right of way required to open Virginia avenue, of a uniform width of sixty (60) feet wide from the east line of South Main street to the west line of Rayburn boulevard, but this extension may be made on the property of the Terminal Company. The Ter- minal Company shall grade, construct concrete curb and gutter and a gravel roadway on Virginia avenue between South Main street and Rayburn boulevard, and construct a reinforced con- crete culvert to carry the bayou under Virginia at or near its intersection with Michigan street. Tracks to be Sub-Sec. 4. Be it further ordained, That all tracks authorized pair and to be constructed by the Terminal Company by this ordinance and which track or tracks cross any public street, highway, thoroughfare, alley or public grounds, ways or places in the City of Memphis at a grade crossing, shall be constructed and kept in repair by he Terminet Company, so as to interfere as little as possible with the ordinary travel and use of such streets, CITY ORDINANCES. 933 MEMPHIS TERMINAL COMPANY. avenues, highways, thoroughfares and alleys by the public, and _paved between said tracks, and between the rails thereof, and for twenty-four (24) inches on each side thereof, and main- tained by the said Terminal Company in such way and manner as the Municipal Council may from time to time determine and direct. Sub-Sec. 5. Be it further ordained, That, in order to make the necessary grade crossings, overhead crossings and undergrade crossings, provided for in this ordinance, the Terminal Company is authorized and empowered to change the present existing streets, avenues, alleys, public grounds, ways and places, where necessary: provided, that in all cases where the said change of grade has not been in this ordinance expressly provided for, the same shall be so changed as that access to the said crossings shall be by easy and gradual approach, and so as to interfere as little as possible with the ordinary use and travel of such streets, alleys, avenues, highways and thoroughfares by the traveling public. Sub-Sec. 6. Be it further ordained, That the Terminal Com- pany is hereby granted the right, privilege and permission to erect along and over and on the streets, avenues, alleys, public ways and places hereinbefore set out and named in Section 2 of | this ordinance such temporary crossings and structures as may be necessary and essential to be made during the construction work; provided, however, that all such temporary crossings, whether at grade, overgrade or undergrade, shall be made under the general supervision of the City Engineer, and so as to inter- fere as little as possible with the ordinary use of such streets, avenues, public ways and places by the traveling public. Sub-Sec. 7. Be it further ordained, That the Terminal Com: pany, by its acceptance of this ordinance, agrees to indemnify and hold harmless the City of Memphis against any and all Change grades. Temporary crossin 2s. Company to hold the city harmless from dam- ages, etc, 934 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. May use name of city jn condemna- tion suits. Railroads may use station. claims whatsoever, whether direct or indirect, arising out of, or occasioned by, this grant and the exercise by it of the rights and privileges herein conferred upon the ‘Terminal Company, and to defend all suits which may be brought against, the city by reason of and on account of the closing of any streets or alleys or the change of grade of any streets or alleys herein authorized to be changed, and further agrees and binds itself to pay all judgements which may be rendered against the city by reason and on account of the changing, closing and vacating ot any streets or alleys, or the changing of grade of the same. Sub-Sec. 8. Be it further ordained,-That the Terminal Com- pany, when it becomes necessary to open and dedicate streets and alleys, as herein provided, may use the name of the city for the purpose of condemning the necessary ground for said streets and alleys, and also for the purpose of widening any streets or alleys herein required to be widened; provided, how- ever, that the expense of such suits shall be borne by the Ter- minal Company, and judgments rendered therein shall be paid oy it, unless otherwise provided in this ordinance. The Legislative Council of the City of Memphis reserves the right to have the City Attorney appear in any suit brought for the condemnation of property for the purposes herein provided. Sub-See. 9. Any commercial railroad incorporated under the general railroad law of Tennessee, and owning not less than one hundred (100) miles of road contiguous to Memphis, and which shall have built into the City of Memphis and acquired and constructed its tracks to a connection with the tracks of the Terminal Company, shall be permitted by the Terminal Company to use the station upon terms that will be just and equitable; provided, that in no event shall such new road be admitted upon more favorable terms than have been enjoyed up to that time by any of the proprietary railroad companies. CITY ORDINANCES. 935 MEMPHIS TERMINAL COMPANY. Sub-See. 10. Be it further ordained, That from and after the completion of the tracks and work hereinbefore provided, that all provisions of the ordinances of the City of Memphis relating to the speed of railway trains, the number of cars to constitute a train, the ringing of locomotive bells, the use of train or engine lights, the sounding of signals before starting trains, and the Peintenance. of gates, flagmen, watchmen, signals and signal towers, shall not be applicable to the trains and tracks of the Terminal Company. Provided, however, that this ordinance is not to be considered as a waiver or surrender by the City of Memphis of any of its police powers, or the right at any time hereafter ‘to pass neces- sary and reasonable ordinances in said matters. Provided, further, that this section does not apply to the crossings at Indiana street, and Arkansas street, nor any other grade crossing, as to which places the city ordinances now in force shall remain in full virtue until the grades of said street crossings are separated, as hereinbefore provided. Sub-Sec. 11. Be it further ordained, That it shall be unlawful for any person or persons, save an employe of the Terminal Company, or an employe of some of the railroad companies con- tracting with the Terminal Company, and using its stations and terminals, and in the discharge of their duty, to enter or be upon, or walk along or across said tracks or right of way of the Terminal Company, at any place or places, and any person wil- fully trespassing upon the tracks or right of way of the Terminal Company, or aiding, abetting or assisting others to do so, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than one dollar ($1) nor more than fifty dollars ($50) for each and every offense. Provided, however, That this provision shall not apply to the crossings of the company’s tracks at Indiana street and Arkan- Sas street, nor any other grade crossing. Ordinances relative té speed of trains, ete., not applicable, except as below. Persons’ ‘Trespassing on tracks. 936 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Equal rights to plaza. Are lights. City Engineer to have ‘Sub-Sec. 12. Be it further ordained, That the Terminal Com- — pany shall not grant to any person, firm or corporation any ‘exclusive right to any portion of the plaza or approach to the Union station, outside of its ‘buildings, but that all persons shall: “have equal rights and privileges; provided, however, that the Terminal Company may make such reasonable rules and regula- tions concerning same as may from time to time be deemed necessary by it. o Sub-Sec. 18. Be it further ordained, That the following gen- eral provisions shall apply to the work done by the Terminal Company under the provisions of this ordinance: 1. The Terminal Company shall be required to maintain arc lights at all street crossings, both overhead and grade crossings, and to light-all subways as directed by the Legislative Council. 2. The City Engineer shall have general supervision of all general super-the work done in and over the public streets and places of the vision. Paving. City of Memphis, not herein vacated, to the end that no unneces- sary inconvenience, danger or loss shall be inflicted upon the pubine: but such supervision shall in no way operate to release said Terminal Company from any responsibility for faulty con-— struction, defective material or damage, for which it may be liable, that may result from the acts of its agents and servants; Provided, however, That no unnecessary or unreasonable bur- dens shall be imposed upon the Terminal Company, or its work be unnecessarily impeded. 9 3. In all paving required under the provisions of this ordi- nance, and not otherwise provided for herein, the paving used shall be brick or asphalt, as ordered by the City Hngineer, upon standard concrete foundation; the standard methods used by the City of Memphis shall be followed. The materials used shall be equal to those specified by the city in its annual contracts. CITY ORDINANCES. 937 MEMPHIS TERMINAL COMPANY. The new curbing required by this ordinance to be done by the 'rerminal Company shall be of large size granite. 4. Where the grades of a street are changed under the pro- visions of this ordinance, it shall be taken to mean that the grading shall extend from property line to property line, and to the subgrade of all pavements laid, unless otherwise provided. Except where otherwise provided, the street pavements, curbs and sidwalks shall be restored to original conditions. 5. All subways and other points where the surface of the street is disturbed, or the grade changed by the Terminal Com- pany, shall be drained by laying drain pipes of sufficient capacity to carry and grade to insure positive drainage of such de- pressions. 6. All inlets, drain pipes and culverts for taking care of the natural water courses in and about the Union Station, and under the tracks of the company, shall be of adequate size and approved design. 7. Nothing in this ordinance shall alter or impair any contract with any street railway company, steam railroad or railway com- pany or any interurban company calling for any curbing or paving already done or to be done, or to be maintained by such inter- street railway, steam railway or railroad company, or urban railroad company. Sub-Sec. 14. Be it further ordained, That the Terminal Com- pany shall, at its own expense, replace any curbs, sidewalks, paving, sewers, water pipes, conduits, steam railway tracks, street and interurban railway tracks, or other properties, that may be opened, misplaced or removed by the change of grades ot the streets, or by a removal of streets and interurban railway tracks, caused by a change from one route to another, as herein provided; which repairs, changes, removals and renewals shall “Grades changed’’ defined. \ Pavements, etc, Subways. drain etc. Inlets, pipes, Not to im- pair other contracts. To replace curbs, paving, water pipes, ete. 938 CITY ORDINANCES. MEMPITIS TERMINAL COMPANY. To keep the tracks of Street Railway Com- pany open. Grants made without \var- ranty. Police powers reserved. Right to Jay water pipes in streets and alleys closed. Rights to re- vert to city —when. be made at the expense of the Terminal Company; and_ the Terminal Company shall be liable for any expense incurred by owners of any of the above mentioned properties by reason of the failure or neglect of the Terminal Company to keep in con- cition such property for use during the progress of its work. Sub-Sec. 15. Be it further ordained, That where the construc- tion of any work, the permission to do which is granted under {he terms of this ordinance, shall affect the tracks of the Memphis Street Railway Company, that the said Terminal Company shall, al all times during the construction of said work, keep open for ihe uninterrupted passage of its cars, the said tracks of the , Memphis Street. Railway Company. Sub-Sec. 16. Be it further ordained, That it is understood and agreed that the City of Memphis makes the grants herein with- cut any warranty whatever, granting to the Terminal Company just such rights as it has power to grant, and the said Teriinal Company assumes all risk of the lack of the power ot the city {o make such grants. The City of Memphis does not grant any of its police powers over the granted premises and privileges, nor any of the general powers to control and regulate the running of locomotives and cars within the said city limits, nor does it grant any rights or privileges other than those specifically enumerated. The Terminal Company expressly agrees and binds itself that in all the alleys, streets, avenues, public grounds and places which under the provisions of this ordinance have been ordered io be closed or vacated, the City of Memphis shall at all times have the right to construct sewers and lay water pipes, conduits, sas pipes, etc., over and under same, whenever it shall be deemed necessary to do so by the Legislative Council. Sub-Sec. 17. Be it further ordained, That if the Terminal, Corn- pany or its suecessors or assigns, shall cease to use the privilege, CITY ORDINANCES. 939. MEMPHIS TERMINAL COMPANY: rights and franchises herein granted for passenger station and terminal purposes, then, in such event, all of the rights and privileges herein granted shall cease, and all of the rights herein granted to, over, along and across the streets and alleys and public highways and places shall revert to the city. See. 18. All structures placed over streets by the Terminal eres peogs Company shall be made thoroughly water proof as to roof and sidewalls, and the same shall apply to the under pass on Mis- sissippi boulevard; all of said provisions for waterproofing are to be made under the immediate direction of the City Engineer. Sub-Sec. 19. Be it further ordained, That work shall be begun Work to be- gin and be within three months after the acceptance of this ordinance by completed the Terminal Company, and shall be pushed to completion with Nee reasonable expedition. The Terminal Company shall also be re- quired to execute a good and solvent bond in the sum of two hundred and fifty thousand dollars ($250,000), which bond shall be conditioned upon the faithful and proper performance of all the duties and obligations imposed upon the said Terminal Com- pany in this ordinance. Sub-Sec. 20. Be it further ordained, That this ordinance shall be accepted in writing by the Terminal Company by its proper and duly authorized officers, agents and attorneys, within thirty (30) days from and after the passage of the same and that if accepted, it take effect thirty (30) days after its passage, the public welfare requiring ace Passed final reading Monday, October 19, 1908. ACCEPTANCE OF ORDINANCE. Memphis, Tenn., November 9, 1908. To the Honorables James H. Malone, Mayor; Jno. T. Walsh, Vice-Mayor; B. G. Henning, H. T. Bruce and E. H. Crump, con- stituting the Board of Fire and Police Commissioners; and 940 CITY ORDINANCES. MEMPHIS TERMINAL COMPANY. Messrs. Geo. C. Love, Chairman; C. W. Edmonds, Thos. Dies, Frank F. Hill, A. H. Frank, Louis Sambucetti, H. T. Winkel- man, J. S. Dunscomb, P. J. Moran and J. Thos. Wellford, mem- bers of the Board of Public Works; all constituting the Legis- lative Council of the City of Memphis, Tennessee. Gentlemen: At the meeting of the Board of Directors of the Memphis - Railway Terminal Company, held in St. Louis, Mo., on November 6th, 1908, the following resolution was adopted: “Resolved, by the Board of Directors of the Memphis Railroad Terminal Company, that the ordinance entitled: ‘An ordinance granting certain rights, privileges and franchises in the City of Memphis, Tenn., 7 the Memphis Railroad Terminal Com- pany, for the purpose of constructing, operating and main- taining within the corporate limits of said city, passenger stations and terminals, passed final reading by the Legislative Council of the City of Memphis, Tenn., October 19, 1908, be, and the same hereby is accepted by the Memphis Railroad Terminal Company. “Be it further resolved, That the President or Vice-President of the Company be and hereby is empowered and divested to file with the Mayor and Legislative Council of the City of Memphis, Tenn., in the name of the Memphis Railroad Terminal Company, & written acceptance of said ordinance.” Now, therefore, I, John H. Watkins, as President of the Memphis Railroad Terminal Company, in the name, and in behalf of the Memphis Railroad Terminal Company, do hereby accept the ordinance entitled, “An ordinance granting certain ‘rights, privileges and franchises in the City of Memphis, Tenn., to the Memphis Railroad Terminal Company, for the purpose of constructing, operating and maintaining within the corporate CITY ORDINANCES. 941 CUMBERLAND TELEPHONE AND. TELEGRAPH COMPANY. limits of said city, passenger stations and terminals,’ passed final reading by the Legislative Council of the City of Memphis, Tenn., October 19, 1908, and notice is hereby given you of said acceptance, in accordance with the terms of said ordinance. Respectfully, MEMPHIS RAILROAD TERMINAL COMPANY By JOHN H. WATKINS, President. matests ©... “GHRIST, Secretary: ARTICLE 92. CUMBERLAND TELEPHONE & TELEGRAPH CO. ORDINANCE. Sec. 1386. Be it ordained by the Legislative Council of the Rignt vs give telephone and City of Memphis, That the right to maintain, repair and operate ios dp ycts all poles and wires heretofore erected by the Cumberland Tele- *™é¢. phone & Telegraph Company, in the streets, alleys and public places of the City of Memphis, and now in existence and used for the purpose of giving telephone and telegraph service, be, and the same is hereby ratified, approved and confirmed to the said Cumberland Telephone and Telegraph Company, its suc- cessors and assigns. Sec. 1387. Be it further ordained, That said Cumberland Grant to ope- r rate addition- Telephone & Telegraph Company, its successors and assigns, is 2! Service. hereby given the right and authority to erect, maintain and operate such additional poles and wires from time to time, over and along the streets, alleys and public places in the City of Memphis for the purpose of giving telephone and telegraph ser- vice, as its business may necessitate and require, provided, all such poles shall be erected under the supervision and control of the Chief of the Fire Department, who shall designate where such poles shall be erected. Sec. 1388. Be it further ordained, That said Cumberland To furnish city one Telephone & Telegraph Company, its successors and assigns, IN quct free. 942 CITY ORDINANCES. CUMBERLAND TELEPHONE AND TELEGRAPH COMPANY. consideration of the rights herein above granted, shall furnish for the use of the City of Memphis one duct through its entire underground system in the City of Memphis, as same is now or may hereafter be constructed, together with necessary and proper space in its various manholes, to be used by the city, free of charge, for the installation and maintenance of the To permit 4 city’s fire and police patrol wires, and shall also permit, free city fire an Fork wrecteq OL Charge, the city’s fire and police patrol wires to be erected aie es ' and maintained upon all poles heretofore erected, or that may F hereafter be erected in the City of Memphis, upon uprights to be placed upon the top of all its poles in the City of Memphis, and to be of seasoned timber, and of such dimensions and con- struction as the city may direct, but said wires shall be so erected as not to interfere with the wires of said company. Written ac- Sec. 1889. Be it further ordained, That said Cumberland Tele- maintain phone & Telegraph Company shall file with the city’s Secretary its written acceptance, under its corporate seal, of the pro- visions of this ordinance, and shall obligate itself, its suc- cessors and assigns, to maintain said duct and space in its man- holes in its underground system, and the space upon its poles, so long as it, or its successors or assigns, shall continue to conduct a telephone or telegraph business in said city; and such acceptance shall be so filed within ten days from the date of the passage of this ordinance. eet ERED Sec. 1890. Be it further ordained, That the Legislative Coun- cil and the public authorities of the City of Memphis do not herein or hereby undertake to, or intend to, surrender or con- tract away any of its police power in respect to the olee and wires now erected, or hereafter to be erected, by said Cumber- land Telephone & Telegraph Company, but all police power the city now has is reserved and retained by it as if this ordinance had not been enacted or passed. \ CITY ORDINANCES. 943 CUMBERLAND TELEPHONE AND TELEGRAPH COMPANY. See. 1391. Be it further ordained, That the Cumberland Tele- phone & Telegraph Company binds itself, its successors and assigns, to erect and establish a ringing circuit, and furnish bells and generators for same. Said circuit, bells and gene- rators to be established in all fire engine houses now used, or hereafter to be acquired or used by the city. And said company binds itself, its successors and assigns, to erect and establish a twelve (12) drop board for the police station of the City of Memphis,-and extension lines for six (6) desk sets in the police station. This obligation shall rest and remain upon the said company, its successors and assigns so long as it or they shall operate a telephone system in the City of Memphis. Sec. 1392. Be it further ordained, That the original and con- tinued performance of each and every stipulation and condition hereby imposed upon the said Cumberland Telephone & Tele- graph Company are conditions of the grant herein contained, and the failure of said company or any of its assigns or suc- cessors to perform the same within the time required shall, at the option of the city, work an entire forfeiture and cessation of all rights and privileges granted herein or exercised here- under, and the city may, in the event aforesaid, declare such forfeiture, and cause the poles and wires of said company to be taken down, and the operation thereof discontinued. But said forfeiture shall not be enforced unless said company shall, for thirty days after notice, neglect or fail to perform such obli- gations. All of the conditions, duties and obligations herein im- posed upon the Cumberland Telephone & Telegraph Company are likewise imposed upon any assigns or successor of said com- pany, and such assigns or successor shall be subject to each and all of the conditions, duties and obligations herein imposed upon said Cumberland Telephone and Telegraph Company. Sec: 1893.. Be it further ordained, That the Cumberland Tele- phone & Telegraph Company shall never during the life of the To furnish ringing eEir- cuig at fire engine houses, ete. Forfeiture clause. Rates to be charged. 944: CHARGES Life of franchise 30 years. CITY ORDINANCES. OF TELEPHONE COMPANIES. tranchise charge the citizens of Memphis any rate or rates for either business or residence telephones or telephone service higher than those that prevail at the present time. Sec. 1394. Be it further ordained, That the franchise of the Cumberland Telephone & Telegraph Company shall only be for a period of thirty years from date of the passage of this ordi- nance. | Passed final reading Monday, June 22, 1903. e ARTICLE 93. AN ORDINANCE TO REGULATE CHARGES OF TELEPHONE COMPANIES IN THE CITY OF MEMPHIS. Sec. 1394a. Be it ordained by the Legislative Council of the City of Memphis, That all telephone companies operating a sys- tem of telephones in the City of Memphis shall charge for each telephone in places used for business purposes, not exceeding $5 per calendar month; and for each telephone in private residences not exceeding $2.50 per calendar month. And every subscriber for either a business or residence telephone: shall have the right to pay for the ne monthly, in advance, in accordance with the above rates. And such telephone company shall have the right to charge an increased rate of fifty cents per month to all subscribers who remain in default after the 10th of each month. Provided, this ordinance shall not apply to telephone companies whose rates are fixed by contract with the City of Memphis. Sec. 1394b. Be it further ordained, That any such telephone company that shall charge more for the use of its telephones than the respective amounts above set out shall be guilty of a misdemeanor, punishable by a fine of $10 for each offense. And each day that any such telephone is operated by any telephone company at a rate in excess of that above set out shall con- stitute a separate offense under this ordinance. CITY ORDINANCES. 945 MISCELLANEOUS ORDINANCES AND RESOLUTIONS. Sec. 1394c. Be it further ordained, That any telephone com- pany operating a telephone system in the City of Memphis which, after being tendered the rates above set out in this ordinance shall refuse to operate telephones for those who demand same shall be guilty of a misdemeanor, punishable by a fine of $10 for each offense. And each day that such telephone company continues its refusal to operate any telephone after such tender and demand shall constitute a separate offense under this ordinance. Passed Sept. 24, 1907. ARTICLE 94. ORDINANCE. An ordinance providing for the straightening of Maxwell avenue by changing the location of the same between Sum- mer avenue and the right of way of the Louisville & Nash- ville Railroad Company, and providing means and a plan for accomplishing this end. Sec. 1895. Be it ordained by the Legislative Council of the City of Memphis, That Maxwell avenue be straightened by chang- ing its location between Summer avenue and the right of way of the Louisville & Nashville Railroad Company, so that Maxwell avenue, as changed, will begin at a point in the north margin of Summer avenue 491 feet west of the west margin of Evergreen avenue, thence running north and parallel to Evergreen avenue to the right of way of the Louisville & Nashville Railroad Company; thence along the margin of the right of way of the Louisville & Nashville Railroad Company in a southwestwardly direction to a point; thence southwardly from said point and parallel to Evergreen avenue to the north margin of Summer avenue; thence eastwardly along the north margin of Summer avenue 60 feet to the beginning, so as to make a street 60 feet wide from Summer avenue to the right of way of the’ Lonisville & Nashville Railroad Company. Providing for the straight- ening of Maxwell avenue, 946 CITY ORDINANCES. MISCELLANEOUS ORDINANCES AND RESOLUTIONS. Sec. 1596. Be it further ordained, That Maxwell avenue as at present located between Summer avenue and the right of way of the Louisville & Nashville Railroad Company, as shown on the Lea & Overton subdivision (which is of record on page 22, Platbook 4, in the Register’s office of Shelby County, Tennes- see), be and the same is hereby declared to be closed as a SEES upon the dedication to public use for a street of the land re- Guired for the new location of Maxwell avenue between Summer avenue and the right of way of the Louisville & Nashville Railroad Company. Sec. 1897. Be it further ordained, That so soon as J. M. Dickinson, who is the owner of the land upon which Maxwell avenue, as changed, is to be located, and also the owner of the land on both sides of said avenue as changed, and also as at present located, shall have filed for record in the office of the Register of Shelby County, Tennessee, a plat, approved by the City Engineer, dedicating to public use for a street the private property alone described, upon which Maxwell avenue, as changed, is to be located, the Mayor, in consideration therefor, is hereby authorized and directed, for and on behalf of the City of Memphis, to execute to said J. M. Dickinson, a deed, under the corporate seal of the City of Memphis, conveying to said J. M. Dickinson all right, title and interest which the City of Memphis has in and to the land upon which Maxwell avenue is now located between Summer avenue and the right of way of the Louisville & Nashville Railroad Company, said land being described as follows: Beginning on the northeast corner of Maxwell avenue and Summer avenue (as said Maxwell avenue is shown on the plat of the Lea & Overton subdivision), running thence north with the east side of Maxwell avenue to the south line of the light of way of the Louisville & Nashville Railroad Company; CITY ORDINANCES. 947 MISCELLANEOUS ORDINANCES AND RESOLUTIONS. thence in a southwesterly direction along the margin of said right of way to the west line of Maxwell avenue; thence south with the said west line of Maxwell avenue to the north line of Summer avenue; thence east with said north line 60 feet to the point of beginning. Passed final reading July 6, 1905. AN ORDINANCE PROVIDING FOR THE CLOSING OF GRAVES PLACE AND THE OPENING AND DEDICATION OF EASTMORELAND AVENUE. Whereas, the committee to whom was referred the petition of E. B. LeMaster, W. C. Graves, and A. C. Tarr, with reference to the closing, for city purposes, of Graves place, between Union avenue and Linden avenue (formerly Mystic avenue), and accepting in lieu thereof, for city purposes, a street to run east and west from the east line of Marx avenue to the west. line of the George J. Campbell subdivision, to be fifty (50) feet wide; and, Whereas, in the presentation of the matter to the committee, it has been made to appear that the street to be closed, known as Graves place, was never opened and used by the _ public, and when the territory in which said Graves subdivision is located was annexed to the City of Memphis by extension of its limits, said street was shown on paper only, and no dedica- tion thereof was ever accepted by the County of Shelby or the City of Memphis; and it further appearing that said paper street lies within one hundred and ninety feet of another street running parallel therewith, to-wit: Marks avenue, now LeMaster street, and that the opening thereof would not con- form to the public interest, or to the general plan for streets _ of the City of Memphis. And it further appearing from the committee’s report that ii has recommended the closing of said Graves place or street and the acceptance of the said extension of Eastmoreland avenue 943 CITY ORDINANCES. MISCELLANKOUS ORDINANCES AND RESOLUTIONS. as+prayed for in the petition, all of which it appears is strictly for the city’s interest and for city purposes; therefore, Be it ordained by the Legislative Council of the City of Jlemphis, as follows: Sec. 1398. First. That Graves place, or street, as shown. on the plan of the said Graves subdivision, being forty feet wide and | running from the north line of Linden avenue, formerly Mystic avenue, northwardly, to Union avenue, the west line thereof being approximately 190 feet east of the east line of Marks avenue, be and the same is hereby closed, and any dedication or attempted dedication thereof is declined, renounced and not accepted: Such closing is not to affect the first and second alleys south of Union avenue between LeMaster street and the west line of the Campbell subdivision. Sec. 1399. Second. That Eastmoreland avenue as shown on blue print accompanying said petition, being a street fifty (50) feet wide, running eastwardly from the east line of Marks avenue, to the west line of the George J. Campbell subdivision, being parallel with and three hundred and one (301) feet north of Linden avenue, approximately four hundred and twenty-five and three-tenths (425.3) feet, be opened as a street and the dedication thereof be, and the same is hereby accepted. Sec. 1400. Third. The Mayor of the City of Memphis is authorized and directed to execute in the name of and on be- half of the City of Memphis, a quit claim deed releasing -all right, title and interest of the city in the said Graves place to the owners of the fee or reversion therein. See. 1401. Fourth. The committee’s report recommending the closing of Graves place and the opening of Eastmoreland avenue is adopted. Passed final reading December 28, 1908. CITY ORDINANCES. 949 MISCELLANEOUS ORDINANCES AND RESOLUTIONS. RESOLUTION. BACK TAX ASSESSMENT. Sec. 1402. Be it resolved by the Legislative Council of the City of Memphis, That this Council is opposed to the back assessment of the property of the citizens of this city. The city has its Tax Assessor and its Board of Equalization, and after the property has once been assessed by the Assessor, and the valuation fixed by him has been passed upon by the Board of Equalization, the matter should end there. Be it further resolved, That no steps,shall be taken toward the back assessment of property without the direction or con- sent of this Council. Adopted Sept. 18, 1906. RESOLUTION. WATER METERS. Sec. 1403. Be it resolved by the Legislative Council of the City of Memphis, That the Legislative Council direct the Com- - missioners of the Memphis Artesian Water Department of the City of Memphis that all water meters heretofore placed upon private residence consumers of water be removed, unless the consumer should request that the same be retained, and that this resolution take effect on the Ist day of April, 1906. Sec. 1404. Be it further resolved, That the Legislative Council direct said Commissioners to cease to put in meters upon the premises of private residence Consumers, unless the same be requested by said consumers and that this latter section take effect at once. Adopted March 8, 1906. RESOLUTION. VALLEY OIL MILLS. Sec. 1405. Committee on Streets, Bridges and Sewers, to whom was referred petition of Valley Oil Mills for permission Council opposed to back as- sessment. To remove water meters upon request of con- sumers., Not to install meters except on request. 950 CITY ORDINANCES. MISCELLANEOUS ORDINANCES AND RESOLUTIONS. to erect a coal shed on Linden street just east of their present occupied premises, submitted the following report which was adopted unanimously: “Your Committee on Streets, Bridges and Sewers, to. whom | was referred the petition of the Valley: Oil Mills, recommend that the petition be granted subject to the will and pleasure of the Council, the consideration to be $100 per annum, making a total rental for that part of the street as at present and that will be occupied, two hundred ($200) dollars per annum.” Adopted Sept. 11; 1902. RESOLUTION. SEPARATION OF GRADES BETWEEN RAILROADS AND THE STREETS. Whereas, There is contemplated a large amount of improve- ment in the City of Memphis, and such improvement includes the construction of subways and viaducts; and, Whereas, The railroads entering the city and the Memphis Street Railway Company have indicated their willingness to construct such subways or viaducts, provided they be indemnified against property damages caused by the fixing of grades irerdent to such work; and, Whereas, There may be situations where property Owners or citizens will indemnify the railroad or railroads, the Street Railway Company and the City against such abutting damages; now, therefore, Sec. 1406. Be it resolved by the Legislative Council of the City of Memphis, That, in any case of a railroad crossing an important street, when it is deemed advisable to require a separation of the grades between the railroads and the street, ~ such separation will be ordered at the expense of the railroad or railroads interested, providing the abutting property owners affected by such work will release the city from all damages, or that responsible parties will secure the city and the railroad or CITY ORDINANCES. 951 MESCELLANEOUS ORDINANCES AND RESOLUTIONS. railroads against all claims for damages from the owners of property affected by the change of grade; and provided, further. that if such crossing be of a street. occupied by a street rail- way line, the Street Railway Company shall contribute a proper proportion to the cost of said separation of grades and shall be protected equally with the city and railroads against any claims for damages from property owners affected. Adopted Sept. 9, 1907. RESOLUTION. SUBWAY AT LAMAR BOULEVARD. AND SOUTHERN RAILWAY. Whereas, the Legislative Council of the City of Memphis heretofore passed a resolution to the effect that the city wouid require the several railroads “entering the city to separate the grade of their tracks from the grade of the streets at important crossings, where the abutting property owners or other citizens would release the city and said railroad from all claims for damages to abutting property affected, by reason of said change of grades; and, Whereas, the condition of said resolution has been complied with, as to the crossing of the Southern Railroad and Lamar boulevard, the city and said railroad being made secure against all claims for damages by reason of a subway at this point; and, Whereas, a petition has been filed asking that the Council require a subway to be constructed at this crossing by raising the grade of said railroad and depressing the grade of said boule- vard according to plans to be adopted by the City Engineer; and, Whereas, the Council finds that this is an important crossing, where there is much travel, and great danger by reason of the railroad crossing said street at grade, and that it is proper and reasonable to require said grades to be separated at this cross- ing; therefore, 952 CITY ORDINANCES. MISCELLANEOUS ORDINANCES AND RESOLUTIONS. Subway at Lamar boule- vard and Southern Railway. Sec. 1407. Be it resolved, That the Southern Railroad Company be, and is hereby ordered, to separate the grades of its railroad tracks and Lamar boulevard at said crossing by raising the . grade of its tracks and lowering the grade of said boulevard, Preamble. according to plans and specifications to be approved by the City Engineer; be it further Resolved, That the Southern Railroad Company be notified to begin said work within sixty days from the passage of this resolution and to complete said subway within six months from said notice. A copy of this resolution will be delivered to said railroad company by way of such notice. Adopted December 12, 1907. RESOLUTION. ON SEWER CONNECTION FOR TOWN OF BINGHAMTON. Whereas, on the 3rd day of July, 1907, a petition was presented to this Council by the Board of Mayor and Aldermen of the town of Binghamton, Shelby County, Tennessee, asking permission to connect its sewer system with the sewer of Memphis; and, Whereas, the opinion of the City Attorney of Memphis as to the legal right of the City of Memphis to allow such connection has been asked by this Council, and said opinion in writing having been submitted declaring that the City of Memphis has the legal right to allow such connection, if the same be deemed necessary, or manifestly desirable; and, Whereas, the sewering of Binghamton and the erection of a water system in said town are matters that vitally affect the health and well being of both the people of Memphis and Bing- hamton: Be it resolved, therefore, by the Legislative Council of Mem- phis: CITY ORDINANCES. a MISCELLANEOUS ORDINANCES AND RESOLUTIONS, Sec. 1408. First. That the town of Binghamton be permitted to connect its sewers with the twenty-four-inch main of the City of Memphis at some point on Summer avenue, as determined by the City Engineer of Memphis; said connection to be made under the direction and supervision of said City Engineer, and to con- form to all general requirements of the City of Memphis as to the connection and as to repairing whatever portions of the streets of the City of Memphis are interfered with in order to make such connection. It is expressly idarstooul however, that said connection is to be made.without cost to the City of Memphis. Sec. 1409. Second. Inasmuch as the territory to which this resolution relates is within the one-mile limit of which the City of Memphis has jurisdiction for health and sanitary purposes, all sewer and water connections shall be installed under the direction of the City Engineer of Memphis and remain under the super- vision of the inspectors of said City of Memphis, who will en- force the usual requirements for the purposes hereinbefore set out, within such one-mile limit. Sec. 1410. Third. Be it further resolved, That the Board of Mayor and Aldermen of Binghamton shall be provided with a copy of this resolution, and shall by resolution or ordinance accept the conditions and acknowledge the jurisdiction herein claimed. Sec. 1411. Fourth. Said connection of the sewer of the City of Binghamton when made with the sewers of the City of Memphis is to continue at the will and pleasure of the Legislative Council of the City of Memphis, and the City of Binghamton must agree as a condition precedent to said connection to agree by resolution of its proper Board to come within the corporate limits of the City of Memphis and become a part of said city by proper act to be passed by the next General Assembly in 1909. Passed final reading, Sept. 20, 1907. Connect with sewer main on Sum- mer avenue. City of Mem- phis to have jurisdiction for health and sanita- tion. To accept conditions. Connection to continue at will and pleasure of Council. 954 CITY ORDINANCES. \EISCELLANEOUS ORDINANCES AND RESOLUTIONS. “RESOLUTION ON SEWER CONNECTION FOR LENOX, AND EXTENSION. Ol WATER MAINS. W hereds,.OM sek. 5 Sree a resolution was passed by this Coun- cil authorizing the municipal authorities of the town of Lenox to connect their sewer system, now being constructed, with the sewers of Memphis, and that the Water Commissioners be author- ized to extend the water system to the people of Lenox, and to give the usual service for flushing the sewers, etc., provided, in the opinion of the City Attorney the same could be done legally; and, Whereas, before commencing the sewer work at Lenox, acting under said resolution, the Board of Mayor and Aldermen of Lenox submitted a copy of their contract for building said sew- ers, to the City Attorney of Memphis, and he pronounced it in all things legal, and so made known his opinion, but had not up to the time of his death reduced his opinion to writing; and, Whereas, upon such assurance from the City Attorney the Board of Mayor and Aldermen of Lenox, and the contractor doing the work, have considered that all questions of the legality of such connection of the sewer system final, but as yet no reso- lution finally authorizing such connection and the extension of the water mains has been passed by this Council; and, Whereas, the sewering of Lenox, and extension of the water mains to that territory are matters that vitally affect the health of the citizens of Memphis as well as of Lenox; be it therefore, Resolved by the Legislative Council of the City of Memphis: Sec. 14lla. First. That the Lenox sewer system be permitted to connect with the sewer main of Memphis at such point on Cooper avenue, as determined by the City Engineer, subject to the will and pleasure of the Council. Second. That the ‘Water Commissioners extend the water. CITY ORDINANCES. 955 MISCELLANEOUS ORDINANCES AND RESOLUTIONS. service in such manner as will give the usual flushing service to the sewers as so extended. Such sewer connections and water connections will be made under directions of J. A. Omberg, Jr., City Engineer, who has been employed by the town of Lenox to supervise said sewer construction. Inasmuch as the territory to which this resolution relates is within the one-mile limit of which the City of Memphis has jurisdiction for health purposes, all private sewer connections and water connections shall be under the supervision of the inspectors of the City of Memphis, who will enforce the usual requirements within such one-mile limit. Be it further resolved, That the Mayor and City Council of Lenox shall be provided with a copy of this resolution and shall by resolution or ordinance accept the conditions and acknowledge jurisdiction herein claimed. Adopted July 7, 1904. (Book F, page 350.) ACCEPTANCE. Be it resolved by the Board of Mayor and Aldermen of the Town of Lenox, That the resolution heretofore, to-wit: on the 7th day of July, 1904, passed by the City Council of Memphis granting permission to the Town of Lenox to connect sewers with the system of Memphis, is hereby accepted by this Board, and the conditions as to the enforcement of water and sewer connections embraced in said resolution giving to the City of Memphis the supervision thereof, are hereby accepted; and the jurisdiction therein claimed by said City of Memphis as to the one-mile limit is hereby acknowledged. Adopted August 8, 1904. (Minute Book F, page 357.) 956 CITY ORDINANCES. MISCELLANEOUS ORDINANCES AND RESOLUTIONS. Dogs at large. License for. Caught and imprisoned. Recover dog —how. Killed—when. Season to be muzzled. DOG ORDINANCE. An ordinance to regulate the running at large of dogs on the streets and alleys of Memphis. Sec. 1412. Be it ordained by the Legislative Council of the City of Memphis, That no dog shall be permitted to run at large on the streets and alleys of the City of Memphis, unless such dog shall wear a tag or plate for the current year, the said plate . or tag to bear the words “registered for the year 190.., (signature of Register of Licenses and Privileges), Register of License and Privileges of Memphis, Tennessee.” The said tag or plate is to be purchased from the Register of Licenses and Privileges at the price of $1.25, the said sum to be considered a registration fee and to be used for the maintenance of a pen or pound and to pay fees and salaries as hereinafter provided, Sec. 1413. Any dog found without such tag or plate shall be caught by any member of the police force or by any person and imprisoned in a pen to.be kept for that purpose and the Board of Fire and Police Commissioners shall employ one or more rersons at a stipulated price, not to exceed $5 per day each for the capture of such dogs as may be found on the streets and alleys without such a tag or collar, and such persons shall furnish their own appliances and help. Sec. 1414. The owner of any dog so caught and imprisoned shall be entitled to the possession of said dog upon proof of ewnership, the payment of $1 to the city treasury and the pur; chase of a tag at the price aforesaid. Sec. 1415. All dogs not claimed in seventy-two hours after being caught and imprisoned ‘shall be killed by the orders of the Chief of Police. Sec. 1416. From the ist day of May to the lst day of October, no dog shall go at large without being muzzled as well as tagged. Passed final reading Thursday, June 7, 1906. CITY ORDINANCES. 957 MISCELLANEOUS ORDINANCES AND RESOLUTIONS: ORDINANCE. Be it ordained by the Legislative Council of the City of Mem- phis, that: Whereas, by an act passed by the Legislature of the State of Tennessee, approved April 15, 1905, and being Chapter 357 of the published Acts of 1905, the County of Shelby was authorized to issue $1,000,000 (one million dollars) of bonds for the pur- pose of erecting a courthouse and to appoint commissioners to select a site for and to erect said building thereon; and, Whereas, N. C. Perkins, Levi Joy, John Colbert, W. J. Allen and J. T. Walsh were regularly appointed as said commissioners; and, Whereas, said commissioners, as they were authorized and directed to do by said act of the Legislature, have selected the square in the City of Memphis, Shelby County, Tenn., bounded by Washington, Second, Adams and Third streets, for the pur- pose of locating said courthouse thereon; and, Whereas, the County Court of Shelby County has passed a reso- lution authorizing the City of Memphis to use a part of said courthouse for its offices on certain conditions in said resolu- - tion set out, and which are very favorable and to the advantage of the city; and, Whereas, the title to the alleys in said square is in the City of Memphis; now therefore, Sec. 1417.’ Be it ordained, That the City of Memphis transfer and convey to the County of Shelby all of the right, title and in- Alleys around new court house deed- ed to county. terest that the said city has in and to all of the alleys within said square and especially to the alley between Second and Third streets running north and south from Adams to Washington street: and also the alley between Washington and Adams street running east and west between Second and Third streets. 958 CITY ORDINANCES. MESCELLANEOUS ORDINANCES AND RESOLUTIONS. Wood fence. Fence within 30 feet of street. Penalty. To have and to hold, to the said County of Shelby for the pur- pose of erecting thereon a courthouse as aforesaid, and ior the necessary grounds thereto pertaining. And the Mayor of said city is hereby authorized to execute a conveyance to the County of Shelby for the purposes aforesaid, il the same be deemed necessary. Passed final reading Thursday, Aug. 9, 1906. Sec. 1418. Be it ordained by the Legislative Council, that it shall be a misdemeanor to build any fence of wood or other inflammable or combustible material within thirty feet of the line of any street in the inner fire limits of the city. Sec. 1419. That it shall be a misdemeanor to construct or build any fence of any materials, or in any such manner as to in any way obstruct the free passage of either light or air within thirty feet of the line of any street in the City of Memphis. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and fined not:'less than $10 nor more than $50. Passed final reading Saturday, January 16, 1904. CITY ORDINANCES. ADDENDA. ORDINANCES PASSED AFTER MAIN BopDy OF MANUSCRIPT WAS PREPARED. AN ORDINANCE to provide for the separation of the grades of streets from the grades of commercial railroads in the City of Memphis, in that area from Iowa avenue on the south to Calhoun avenue on the north, occupied by the tracks of the Illinois Central Railroad Company, the Yazoo & Mississippi Valley Railroad Company, the Nashville: Chattanooga & St. Louis Railway Company, the Louisville & Nashville Railroad Company and the Chicago, St. Louis & New Orleans Railroad Company, and in that area on Broadway, or Railroad avenue, between Kentucky street on the west and Porter street on the east, which is occupied by the tracks of the Union Railway Company, the Kansas City, Memphis & Birmingham Railroad Company, and its lessee, the St. Louis & San Francisco Rail- road Company, the Southern Railway Company, the Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Cerna ny, and to provide for the change of the grade of the tracks of the said railroad companies in the above territory. Section 1. Be it ordained by the Legislative Council of the City of Memphis, That the Illinois. Central Railroad Company, the Yazoo & Mississippi Valley Railroad Company and the Chi- cago, St. Louis & New Orleans Railroad Company, the Union Railway Company, the Kansas City, Memphis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco 959 SUBWAYS. Railroads affected. 960 SUBWAYS. Elevation of tracks at Jowa avenue. Calhoun avenue lowa avenue Virginia avenue. Broadway. Carolina avenue, Georgia avenue. CITY ORDINANCES. Railroad Company, the Southern Railway Company, the Nash- ville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Company, are each respec-: tively hereby ordered to elevate or depress the plane of their roadbeds and tracks within certain limits of the City of Mem- phis, and to construct subways or viaducts beneath and over said tracks, under the conditions hereinafter specified; :that is ta say: FKirst—The Illinois Central Railroad Company and the Yazoo. & Mississippi Valley Railroad Company, and the Chicago, St. Louis & New Orleans Railroad Company, shall commence ‘the elevation of their tracks and roadbeds at a point about five hun- dred (500) feet south of Iowa avenue, where the readers and tracks are at present elevated to the height of approximately one hundred and forty-six (146) feet above the city datum. From said point the proposed elevated roadbed and tracks shall con- tinue in the northerly direction to the south line of Calhoun avenue. The said tracks and roadbed to be elevated and brought to such grade as to bring the base of the rail of the said tracks to’ not less than one hundred and forty-nine (149) feet above the city datum at Iowa avenue; to not less than one hundred and fifty-one and one-half (15114) feet above the city datum at Virginia avenue; to not less than one hundred and fifty-three and one-half (153%) feet above the city datum at Broadway, or Railroad avenue; to not less than one hundred and fifty-one and one-half (15144) feet above the city datum at Carolina ave- nue for the east track, and not less than one hundred and fifty- four (154) feet for the west track; to not less than one hundred and forty-nine and one-half (14944) feet above the city datum at Georgia avenue for the east tracks, and not less than one hundred and fifty-four and one-half (154144) feet for the west tracks. CITY ORDINANCES. 961 Sd EEEEsSySSgUnSs nS EROEREEEI Second—The Union Railroad Company, the Kansas City, Mem- phis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Rail- way Company, the Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Company, shall commence the elevation of their tracks and road- beds at a point approximately eight hundred (800) feet west of Florida street on Railroad avenue, or Broadway, where the road- bed and tracks of the said companies are at present elevated to the height of approximately one hundred and fifty-two and one- half (15214) feet above the city datum; and from said point the proposed elevated roadbed and tracks shall continue in an easterly direction to a point three hundred (300) feet from Por- ter street in the City of Memphis. The elevation of the base of the rails of said tracks shall be not less than one hundred and fifty-six and two-tenths (156 2-10) feet above the city datum at Florida avenue; shall be not less than one Radidred and fifty- three and one-half (153%) feet above the city datum at the point where said tracks cross the tracks of the Illinois Central Railroad Company, the Yazoo & Mississippi Valley Railroad Com- pany and the Chicago, St. Louis & New Orleans Railroad Com- pany; shall be not less than one hundred and fifty-three and one-half (15314) feet above the city datum at Main street; shall be not less than one hundred and fifty-two (152) feet above city datum at five hundred (500) feet east of Main street; shall be not less than one hundred and fifty-three (153) feet above the city datum at Rayburn boulevard; shall be not less than one hundred and fifty-six (156) feet above the city datum at Third street; shall be not less than one hundred and fifty-eight and five-tenths (1585-10) feet above the city datum at South Wel- lington street; shall be not more than one hundred and sixty-one (161) feet above the city datum at Mississippi boulevara; shall be not less than one hundred and sixty-three (163) feet above the city datum at Orleans street. SUBWAYS. Florida avenue. Broadway. Porter street. Florida avenue. I. ©. and Vea tracks. Main street. Rayburn. Wellington. Mississippi avenue. 962 CITY ORDINANCES. SUBWAYS. L. Ry Main street. Broadway. Calhoun. Carolina. Georgia. St. Paul. May change location of tracks. Material to be used in embank- ments, etc. N., C. & St. Third—The Nashville, Chattanooga & St. Louis Railroad Com- pany and its lessee, the Louisville & Nashville Railroad Com- pany, shall commence the elevation of their tracks and roadbed at a point on Broadway about five hundred (500) feet east of Main street, where their tracks begin to turn off from Broadway, and where Broadway is elevated under the present ordinance to a grade of approximately one hundred and fifty-two (152) feet. above city datum. From said point the proposed elevated road- bed and tracks shall continue in a northerly direction to their present terminus at Calhoun street, the said tracks and road- _ beds to be elevated and brought to such a grade as to bring the base of the rails of said tracks to an elevation of not less than one hundred and forty-nine (149) feet above city datum at Carolina street, to an elevation of not less than one hundred - and forty-seven (147) feet above city datum at East Georgia avenue, and to an elevation of not more than one hundred and forty-three (143) feet above city datum at Clay or St. Paul avenue. Fourth—Nothing in this ordinance shall prevent the com- panies mentioned herein from changing the location of the said tracks by the mutual agreement of those interested, as they may deem necessary; provided, that no change of location may be made that will prevent the separation of the grades of the said tracks as contemplated in this ordinance. The railway and railroad companies mentioned in this ordi- nance are hereby authorized to make such changes in position, number and alignment of their respective main and sidetracks and switch connections as may be desirable in order to carry out the provisions of this ordinance. Sec. 2. The embankment or embankments on which said ele- vated roadbeds shall be constructed within the aforesaid limits shall be composed of cinders, slag, sand, gravel, loam, broken CITY ORDINANCES. stone or whatever else may compose the surplus material exca- vated from the subways and from the foundation pits and -trenches along the line of the said work. The side slopes and lateral dimensions of said embankments will be fixed and determined by the natural angle of repose of the materials of which said embankment may be constructed, but whenever it may become necessary for the purpose of keeping said embankment entirely within the lines of the right of way of company or companies, such portions of said embankment at all such points shall be kept within said right of way lines, or they shall be confined between retaining walls of stone, con- crete or brick masonry. Sec. 3. The elevated tracks shall be carried across all inter- secting streets, avenues and alleys which, by the terms of this ordinance, are to be provided with subways on suitable bridges of steel with concrete foundations, or of reinforced concrete, the construction of the same to be made under the supervision of the City Engineer; and all tracks and structures shall be so con- structed as to prevent storm water, dirt, oil and other substances from dropping from such elevated structure upon the subway be- neath. At points where viaducts are to be constructed, they are to be of reinforced concrete or steel, and the said structure shall be subject to the supervision of the City Engineer. Sec. 4. First—Subways shall be constructed beneath the tracks of the Illinois Central Railroad Company, the Yazoo & Mississippi Valley Railroad Company and the Chicago, St. Louis & New Orleans Railroad Company, at Iowa avenue, at Carolina avenue, at Georgia avenue and at Virginia avenue. Second—Subways shall be constructed beneath the tracks of the Union Railway Company, the Kansas City, Memphis & Bir- mingham Railroad Company, its lessee, the St. Louis & San Francisco Railroad Company, the Southern Railway Company, 963 SUBWAYS. Slopes, ete., of embank- ments. Elevated tracks. Viaducts; material to be used. Subways at Iowa, Carolina, Georgia and Virginia. 964 CITY ORDINANCES. SUBWAYS. the Nashville, Chattanooga & St. Louis Railway Company and Florida, Main, its lessee, the Louisville & Nashville Railroad Company, at Flor- Rayburn, pote ee ida avenue, at Main street, at Rayburn boulevard, at South rieans. Third street and at Orleans street; and a viaduct is to be con- structed across the tracks at Mississippi boulevard. Third—Subways shall be constructed beneath the tracks of the Nashville, Chattanooga & St. Louis Railway Company and Carolina, its lessee, the Louisville & Nashville Railway Company, at Caro- Georgia, Clay or St. Paul. lina avenue and at Georgia avenue, and the grade crossing at Clay or St. Paul shall be maintained. Sec. 5. First—The different subways, viaducts and crossings of the streets hereinbefore referred to in Section 4 of this ordi- nance, and which shall be constructed, shall as to their size, dimensions, locations and other details, be in accordance with the following schedule: Subway at Iowa avenue under the Illinois Central, Yazoo & Mississippi Valley, and Chicago, St. Louis & New Orleans tracks. Iowa ave- The present subway at Iowa avenue shall remain the same nue subway. as to width, and the walls of said subway are to be raised so as to support the tracks crossing the same, and so as to furnish additional head room of four feet. At this point the city is, at its own expense, to raise the bottom of the subway and to repave the same. aN MEAN: At Virginia avenue a subway is to be constructed under the z . tracks of the Illinois Central, the Yazoo & Mississippi Valley Railroad and the Chicago, St. Louis & New Orleans Railroad Companies. The elevation of the base of the rails is not to be less than one hundred and fifty-one and one-half (15114) feet above the city datum, and the depression of the street shall be sufficient to make the elevation of the subway not less than one hundred and thirty-three (133) feet above city datum. The level shall extend to the right of way lines of the tracks of said CITY ORDINANCES. 965 SUBWAYS. companies. From this level to the east and west approaches shall extend on a grade not to exceed four (4) per cent., to form a connection with the present surface of streets and alleys. Width between walls of subway, sixty-five (65) feet. Width of roadway forty-five (45) feet in subway. Width of sidewalks, ten (10) feet in subway. Width of roadway and sidewalks, outside of right of way lines, shall be sixty-five (65) feet. The depression of the sidewalks shall be uniform with road- way, and about one and five-tenths (1.5) feet above the level of the roadway. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, fourteen and one-half (14%) feet. Five years after the date of the passage of this ordinance, Subway, Caro- at Carolina avenue, a subway is to be constructed under the mort caer tracks of the Illinois Central, the Yazoo & Mississippi Valley and the Chicago, St. Louis & New Orleans Railroad Companies. The elevation of the base of the rails is to be not less than one hundred and fifty-one and one-half (15114) feet above the city datum for the east track, and one hundred and fifty-four (154) feet for the west tracks, and the depression of the streets shall be sufficient to make the elevation of the subway not less than one hundred and thirty-five and one-half (13514) feet above the city datum at the east and one hundred and thirty-eight (138) feet above the city datum at the west. These levels shall extend to the right of way lines of the tracks of the said companies. From these levels to the east and west approaches shall extend, on a grade not to exceed five per cent. for connection with Main street, as changed on the east, and not to exceed four (4) per 966 CITY ORDINANCES. SUBWAYS. cent. for connection with the present surface of the streets and alleys west. Width between walls of subway, sixty-five (65) feet. Width of roadway, forty-five (45) feet in subway. Width of sidewalks, ten (10) feet in subway. Width of roadway and sidewalk outside of right of way lines Shall be sixty-five (65) feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, twelve (12) feet. Main street at Carolina avenue to be brought to an elevation of one hundred and forty-one (141) feet city datum. ae one At Georgia avenue a subway shall be constructed beneath the ae tracks of the Illinois Central, the Yazoo & Mississippi Valley, and the Chicago, St. Louis & New Orleans Railroad Companies. The elevation of the base of rail of the east track shall be not less than one hundred and forty-nine and one-half (149%) feet above the city datum; of the west track, not less than one hun- agred- and fifty-four and one-half (15414) feet above city datum, and the depression of the street shall be sufficient to make the elevation of the subway not less than one hundred and thirty- three and one-half (13314) feet at the east, and one hundred and thirty-eight and one-half (13814) feet at the west city datum, and between these points the bottom of the subway shall. be on a straight grade; from these elevations at the right of way lines the east and west approaches shall rise on a grade not exceeding five (5) per cent. to a connection with the street sur- CITY ORDINANCES. 967. SUBWAYS. faces at their present elevations, except that the grade of the west approach shall be level across Florida street. Width between walls of subway, sixty-six (66) feet. Width of roadway, forty-six (46) feet in subway. Width of sidewalk, ten (10) feet in subway. Width of roadway and sidewalk, outside of right of way lines, shall be sixty-six (66) feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports on the’ curb line for their tracks. Clear head room, twelve (12) feet. Webster avenue, at the point where it is crossed by the tracks Me es, Ae of the Illinois Central, Yazoo & Mississippi Valley and the Chi- cago, St. Louis and New Orleans Railroad Companies, shall be closed. Clay avenue, at the point where it is crossed by the tracks Cine of the Illinois Central, the Yazoo & Mississippi Valley and the 2Y°nUe_ Chicago, St. Louis & New Orleans Railroad Companies, shall. be closed. At Florida street, a subway is to be constructed under the Ly sani tracks of the Union Railway Company, the Kansas City, Mem- phis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Railway Company and the Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Com- pany; the elevation of the base of the rails is not to be less than one hundred and fifty-six (156) feet above the city datum, 968 CITY ORDINANCES. SUBWAYS. and the depression of the street shall be sufficient to make the elevation of the subway not less than one hundred and thirty- eight (138) feet above the city datum. The level shall extend to the right of way lines of the tracks of said companies, and from this level to the north and south the approaches shall extend on a grade not to exceed four (4) per cent. for connection with the present surface of the streets and alleys. Width between walls of subway, sixty (60) feet. Width of roadway, forty (40) feet in subway. Width of sidewalks, ten (10) feet in subway. Width of roadway and sidewalks, outside of the right of way lines, shall be sixty (60) feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supporis in the curb line for their tracks. Clear head room, fourteen (14) feet. Subway, At Main street a subway is to be constructed under the tracks. art sry” of the Union Railway Company, the Kansas City, Memphis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Railway Com- pany and the Nashville, Chattanooga & St. Louis Railway Com- pany and its lessee, the Louisville & Nashville Railroad Com- pany; the elevation of the base of the rails is not to be less. than one hundred and fifty-three and one-half (153144) feet above the city datum, and the depression of the street shall be suffi- cient to make the elevation of the subway not less than one hundred and thirty-five (135) feet above the city datum. The level shall extend to the right of way lines of the tracks of CITY ORDINANCES. | 969 SUBWAYS. said companies; from this level to the north and south ap- proaches shall extend on a grade not to exceed three (3) per cent. to a connection with the present surface of the streets and alleys. Width between walls of subway, sixty (60) feet. Width of roadway, forty (40) feet in subway. Width of sidewalks, ten (10) fae in subway. Width of roadway and sidewalks, outside of the right of way lines, shall be feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the jevel of the same. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, fourteen and one-half (14%) feet. At Rayburn boulevard a subway is to be constructed under Soibeb ghet it the tracks of the Union Railway Company, the Kansas City, Vv": Memphis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Rail- way Company and the Nashville, Chattanooga & St. Louis Rail- way Company and its lessee, the Louisville & Nashville Railroad Company; the elevations of the base of the rails are not to be less than one hundred and fifty-three (153) feet above the city datum, and the depression of the street shall be sufficient to make the elevation of the subway not less than one hundred and thirty-four and one-half (13414) feet above the city datum. The level shall extend to the right of way lines of the tracks of said companies; from this level to the north the approach shall extend on a grade not to exceed four (4) per cent. for connec- tion with the present surface of streets and alleys, and on the SUBWAYS. Subway, S. Third street. _ CITY ORDINANCES. south it shall be extended on a straight grade to an elevation of one hundred and forty-three (148) feet city datum at the north line of the right of way of the Illinois Central Railroad tracks into the feria station, being the elevation of the Sabwas to be constructed by the terminal company beneath the said Illinois Central Railroad tracks. Width between walls of subway, sixty (60). feet. Width of roadway, forty (40) feet in subway. Width of sidewalks, ten (10) feet in subway. Width of roadway and sidewalks, outside of the right of way lines, shall be sixty (60) feet. | The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, fourteen and one-half (14%) feet. At South Third street a subway is to be constructed under the tracks of the Union Railway Company, the Kansas City, Memphis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Rail- way Company and the Nashville, Chattanooga & St. Louis Rail- way Company and its lessee, the Louisville & Nashville Hadiroat Company. The elevations of the base of the rails are not to be less than one hundred and fifty-six (156) feet above the city datum, and the depression of the street shall be sufficient to make the elevation of the subway not less than one hundred ~ and thirty-seven and one-half (13714) feet above the city datum. The level shall extend to the right of way lines of the tracks of said companies, and from this level to the makin the approach shall extend on a grade not to exceed two (2) per cent. for the CITY ORDINANCES. connection with the proposed surface of the streets, and to the south the approach shall extend on a straight grade to the bot- tom of the proposed subway to be constructed by the Memphis Terminal Company under their tracks, said elevation being one hundred and forty-five (145) feet above city datum at their north line. Width between walls of subway, sixty (60) feet. Width of roadway, forty (40) feet in subway. Width of sidewalks, ten (10) feet in subway. Width of roadway and sidewalks, outside of the right of way lines, shall be sixty (60) feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, fourteen and one-half (14%) feet. The above subway is to be constructed on the line of South Third street, as changed by the Memphis Terminal Company. South Fourth street, at the point where it is crossed by the tracks of the Union Railway Company, the Kansas City, Mem- phis & Birmingham Railroad Company and its lessee, the St. 971 SUBWAYS. South Fourth street closed. Louis & San Francisco Railroad Company, the Southern Railway ~ Company and the Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad ‘Company, shall be closed. -' At Orleans street a subway is to be constructed under the tracks of the Union Railway Company, the Kansas City, Mem- Subway, Or- leans street. phis & Birmingham Railroad Company and its lessee, the St. .. Louis & San Francisco Railroad Company, the Southern Railway 972 CITY ORDINANCES. SUBWAYS. S. Lauder street clo Viaduct, sissippi avenue. dale sed. Mis- Company and the Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Company. The elevation of the base of the rails is not to be less than one hundred and sixty-three (163) feet above the city datum, and the depression of the street shall be sufficient to make the elevation of the subway not less than one hundred and fifty and one-half (15014) feet above the city datum. The level shall extend to the right of way lines of the tracks of the said companies; from this level to east and west approaches. shall extend on a grade not to exceed five (5) per cent. for con- nection with the present surface of streets and alleys. Width between walls of subway, forty (40) feet. Width of roadway, thirty (30) feet in subway. Width of sidewalks, five (5) feet in subway. Width of roadway and sidewalks, outside of the right of way lines, shall be forty (40) feet. The depression of the sidewalks shall be uniform with the road- way, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, ten (10) feet. South Lauderdale street, at the point where it is crossed by the tracks of the Union Railway Company, the Kansas City, Memphis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Rail- way Company and the Nashville, Chattanooga & St. Louis Rail- way Company and its lessee, the Louisville & Nashville Railroad Company, shall be closed. At Mississippi boulevard a viaduct is to be constructed over the tracks of the Union Railway Company, the Kansas City, ‘CITY ORDINANCES. ays Memphis & Birmingham Railroad Company and its lessee, the St. Louis & San Francisco Railroad Company, the Southern Rail- way Company, the Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Company. The elevation of the roadway of the viaduct, where it inter- sects East Railroad avenue, shall be approximately one hundred and eighty-five (185) feet, and the elevations of the base of the rails of the several tracks on East Railroad avenue beneath said viaduct shall not be more than one hundred and sixty-one (161) feet, providing a clearance between the tracks on East Railroad avenue and the structure of the viaduct is not less than twenty- one (21) feet. The approach from the south in Mississippi boule- vard shall have a four (4) per cent. grade, and those from the north a five (5) per cent. grade. Width over all of viaduct, forty-five (45) feet. Width of roadway, thirty-five (35) feet. Width of sidewalks, five (5) feet each. Sec. 5. Second. Be it further ordained, That the Nashville, Chattanooga & St. Louis Railway Company shall be required to elevate the plane of its roadbed and tracks at Carolina and Geor- gia avenues in the City of Memphis, so as to have the base of the rails of said tracks at Carolina avenue to be one hundred and forty-nine (149) feet above the city datum, and at Georgia avenue to be one hundred and forty-seven (147) feet above the city datum. The subways provided in Section 5, Second, shall, as to their size and dimensions, locations and other details, be constructed in accordance with the following schedule: Five years after the passage of this ordinance, at Carolina avenue, a subway is to be constructed under the tracks of the SUBWAYS. Carolina and Georgia avenues. Subway, Caro- lina avenue. 974 CITY ORDINANCES. SUBWAYS. Nashville, Chattanooga & St. Louis Railway Company and its lessee, the Louisville & Nashville Railroad Company, the eleva- tion of the base of the rails not to be less than one hundred and forty-nine (149) feet above the city datum, and the depression of the street shall be sufficient to make the elevation of the Subway not less than one hundred and thirty-three (133) feet above the city datum. The level shall extend to the right of way lines of the tracks of said companies. From this level east and west approaches shall extend on a grade not to exceed five (5) per cent. for connection with the present surface of the streets and alleys. Width of walls of subway, sixty-five (65) feet. Width of roadway, forty-five (45) feet in subway. Width of sidewalks, ten (10) feet in subway, each. Width of roadway and sidewalks, outside of right of way lines, shall be sixty-five (65) feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports in the curb line for their tracks. Clear head room, twelve (12) feet. Subway, Geor- At Georgia avenue a subway is to be constructed beneath the gia avenue. tracks of the Nashville, Chattanooga & St. Louis Railway Com- pany and its lessee, the Louisville & Nashville Railroad Com- pany. The elevation of the base of rail shall not be less than one hundred and forty-seven (147) feet above city datum, and the depression of the streets shall be sufficient to make the eleva- tion of the subway not less than one hundred and thirty-one CITY ORDINANCES. 975 (131) feet above the city datum. This level shall extend to the right of way lines of the tracks of said companies, and from this level east and west approaches shall extend on a grade not to exceed four (4) per cent. to a connection with the present street surfaces. Width between walls of subway, sixty-six (66) feet. Width of roadway, forty-six (46) feet in subway. Width of sidewalks, ten (10) feet in subway. Width of roadway and sidewalks, outside of right of way lines, shall be sixty-six (66) feet. The depression of the sidewalks shall be uniform with the roadway, and about one and five-tenths (1.5) feet above the level of the same. The said companies may place steel or concrete supports in the curb iine fer their tracks. Clear head room, twelve (12) feet. Webster avenue, at the point where it is crossed by the tracks of the Nashville, Chattanooga & St. Louis Railway Company, shall be closed. Clay or St. Paul avenue, at the point where it is crossed by the tracks of the Nashville, Chattanooga & St. Louis eiiway Company and its lessee, the Louisville & Nashville Railroad Company, shall be a grade crossing, with approaches on a grade of not more than three (3) per cent. to the east and west. Ele- vation of base of rail not more than one hundred and forty-three (148) feet above city datum. Sec. 5. Third. The grades of all streets that intersect the approaches to subways and viaducts, as provided for in this ordinance, shall be depressed or raised so as to conform to the srade of the approaches into such subways and viaducts. SUBWAYS. Webster ave- nue closed. St. Paul avenue grade crossing. Grade of approaches, 976 SUBWAYS. Street exca- vations. Gradients of sewers. Drainage of subways. Subways and viaducts. Structural requirements. CITY ORDINANCES. Sec. 6. All such excavations shall be made in the streets as may be required for the depression of such subways and the approaches thereto, but the depressed portion of the streets shall be restored to serviceable condition for the use of the public as soon as practicable, and all water pipes, conduits, sewers and other similar substructures belonging to the city, that may be disturbed by such excavations, or required to be moved or de- flected from the position in which they are found, shall be replaced, all suitable expedients and arrangements shall be de- vised and provided to restore them as fully as may be to their former state of usefulness, but the gradients of the sewers shall not be reduced in any event. All such work shall be done by the respective railroad and railway companies, as indicated in this ordinance, and at their sole expense, and under the imme- diate supervision and to the entire satisfaction of the City En- gineer. Sec. 7. Provision shall be made for the drainage of subways provided for in this ordinance, by the construction of suitable storm sewer drains, which shall be designed according to Mc- Math’s formula, as applied by the City Engineer. Sec: g. First. Subways and viaducts, and the approaches thereto, so to be constructed by said companies in said streets and avenues aforesaid, shall all conform to the following struc- tural requirements, namely: The subways and viaducts between the right of way lines shall be paved with vitrified brick on a six-inch concrete foundation. The curb shall be of granite, 6x20 inches, and the sidewalks shall be granolithic pavements of standard quality and workmanship, in compliance with city ordinances.. All work to be done in accordance with the requirements of the City Engineer; and the approaches of the subways shall be excavated to the grades established by this ordinance, and shall.be in all other respects being so excavated. CITY ORDINANCES. 977 SUBWAYS. restored as nearly as may be to their former condition before Second. If the railroad companies fail or neglect to repair Improvements and keep in condition the improvements as herein provided for, the City Engineer may, after giving thirty days’ notice, have the work done and collect the expense thereof from the railroad company. Third. Wherever the streets, the grades of which are changed, are already paved and provided with sidewalks, such paving and sidewalks shall be restored with the same material with which they were paved before the grade was disturbed by the railroads, at their expense. Fourth. Said company or companies shall pave the entire length and width of the roadway in such portions of the subways as are required to be constructed by the said railway and rail- road companies or company, as is mentioned in this ordinance, except that such company or companies shall not be required to pave any part of the subways to be occupied by or adjacent to street railway tracks, which, by reason of existing laws or ordinances, it wi’l be the duty of any street railway company or corporation to pave. Fifth. Any street railway company occupying any of the streets of the City of Memphis, crossed by the elevated railway of any of said companies shall, when and as the grade of such street shall be changed, as in this ordinance provided, at its own expense, without claim for damages, conform the grade of its tracks or track to the said change of grade of said street, and nothing in this ordinance shall operate or be held to relieve such street railway companies from any liability now existing, how- ever created, to pave or bear the expense of paving, such streets between or on either side of the rails of its said tracks, in man- ner and form as now required. to be kept in good repair. Street grades changed. Paving required. Street car tracks to conform to changed grade, etc. 978 CITY ORDINANCES. SUBWAYS. Plans to be Sec. 9. At least ten (10) days prior to the commencement. submitted to ae Engi- of any part of such work, the plans and specifications therefor: shall be submitted to the City Engineer for his examination, and, if found to be in accordance with the provisions of this ordi- nance, insofar as this ordinance contains specific provisions, if they shall be satisfactory to the City Engineer in regard to matters and details, which, by this ordinance, are left to his. discretion and judgment, such plans shall be approved by him, and, after such approval ait of the work outlined and included therein shall be constructed in strict conformity therewith, and shall be done and performed under his superintendence and sub- ject to his inspection, approval and acceptance. Temporary Sec. 10. Permission and authority are hereby given to said. authority to ; obstruct companies, whenever the same shall be necessary in the prose- streets, ete. cution of the work they are herein authorized or required to. perform, to obstruct temporarily any public street, avenue or alley to such extent and for such length of time as may be ap- proved by the City Engineer; and they are also hereby author- ized, whenever the same may become necessary, to erect and. maintain temporary structures and false work in any of said streets and avenues during the construction of their said ele- vated railroads, subject to the like approval of the City Engineer. When tracks Sec. 11. When the said several railroads in Section 1-of this. have been ae : old ordinance mentioned shall have elevated their respective tracks. regulating speed, flag- men, etc., ae : shall cease. ready for use, then and thereupon all provisions of the ordinance: in accordance with this ordinance, so that the same shall be of the City of Memphis relating to the speed of railway trains, the number of cars to constitute a train, the ringing of locomo-. tive bells, the use of train or engine lights, the sounding of sig- nals before starting trains and the maintenance of gates, flag-. men, watchmen, signals and signal towers, shall cease to be applicable to said railroads within the limits in which the tracks: are so raised or depressed. Whenever said railroads shall be: CITY ORDINANCES. elevated, depressed or walled in, or where the same is free from grade crossing, this ordinance shall be in force, as far as is now applicable; provided, however, this ordinance is not to be con- strued as a waiver or surrender by the City of Memphis of any of its police powers, or of the right at any time hereafter to pass necessary and reasonable police ordinances in relation to the matters last above enumerated. After such elevation it shall be unlawful for any person or persons, save employes of said company, or either of them, in the discharge of their duties, to enter or be upon or to walk along or across the said elevated structure or roadway at any place. If any person shall willfully trespass upon said elevated roadway, such person, and all others aiding, abetting or assisting therein, shall be liable to a fine of not less than one dollar ($1.00) nor more than fifty dollars ($50) for each and every offense. Sec. 12. In consideration of the construction of the subways and viaducts hereinbefore set out, the city undertakes and agrees that it will not, within ten (10) years hereafter, require, or at- tempt to require, said railway or railroad companies, at their expense, to build any additional or other subways than those in this ordinance provided for, between the following points: Iowa avenue on the south, on the lines of the Illinois Central, the Yazoo & Mississippi Valley and the Chicago, St. Louis & New Orleans Railroad companies, and the Nashville, Chattanooga & St. Louis Railroad Company and its lessee, the Louisville & Nashville Railroad Company, to Calhoun street; on the north, covering the lines of the said companies, as they now exist, but not including Calhoun street; on Railroad avenue, between Flor- ida avenue on the west and Porter street on the east. Sec. 13. First. The work of constructing the subways and viaducts herein provided for shall be begun within ninety (90) days from final passage of this ordinance, and the subways and 979 SUBWAYS. Unlawful to walk along elevated tracks, No addition- al subways for ten years within ter- ritory. Limitation of time to commence work and time of completion. 980 CITY ORDINANCES. SUBWAYS. To complete work at Ray- burn and Mis- sissippi ave- nue within one year. viaducts on Railroad avenue shall be constructed so that two subways, or one subway and one viaduct, shall be completed within each twelve months after the final passage of this ordi- nance, and an equal number shall be constructed within the Sains time by the Illinois Central Railroad Company, the Yazoo & Mississippi Valley Railroad Company and the Chicago, St. Louis. & New Orleans Railroad Company beneath their tracks, and the Nashville, Chattanooga & St. Louis Railway Company hall con- struct the subway beneath its tracks at Georgia avenue within one year. Provided, That the railroad and railway companies above: mentioned, having or leasing tracks on Railroad avenue shall construct and complete within the first year after the final pass- age of this ordinance the subway at the intersection of Rayburn boulevard and Railroad avenue, and the viaduct at the intersec- tion of Mississippi boulevard and said Railroad avenue. Second. The railway or railroad companies mentioned in this. ordinance, that are required to elevate their roadbeds and tracks, shall fully and finally complete the work of elevation on or before the first day of January, 1912, unless prevented by strikes, riots or restrained by injunction or other order of process. of a court of competent jurisdiction. The time during which said companies are prevented by strikes, riots, legal process, or by reason of obstruction of pipes, conduits, wires on property of private owners or individuals, or by reason of any delay on the part of the City of Memphis, or any of its officers, to per- form the duties imposed upon the city and its officers by this. ordinance, shall be added to the time during which said compa-. nies are required by the ordinance to complete said work; pro- vided, that in a case where the said companies are delayed by legal process or proceeding, that they shall give notice to the City of Memphis, and the city shall have the right to intervene by its attorneys and move for a dissolution of the injunction,. CITY ORDINANCES. 981 restraining order, or of other proper orders in such suits, and take steps to terminate the same. Sec. 14. Each and every one of the companies required by this ordinance to elevate its tracks shall do its portion of the work in accordance with the terms hereof, in apt and proper time, so as not to interfere with the proper and orderly prose- cution of such work as a whole. Should any company fail or neglect so to prosecute its work, the City Engineer shall have, and is hereby given, the right, power and authority to give ten (10) days’ notice, in writing, to such delinquent company to prosecute its work. If such company shall fail or neglect to comply with said notice, the City of Memphis may take charge ot and cause such work to be done, and the expense thereof shall be thereupon paid by such delinquent company. Sec. 15. Be it further ordained, That in the construction ot the subways and the viaducts herein provided to be constructed upon Broadway or Railroad avenue between Kentucky avenue on the west and Porter avenue on the east, that the viaducts and abutments of the subways, and the subways themselves, shall be constructed of a sufficient width to accommodate the seven railroad tracks already located upon Broadway, or Railroad avenue; and in addition, to accommodate, support and cross over tracks which may hereafter be laid upon the space be- longing to the City of Memphis in said Broadway, or Railroad avenue. Sec. 16. Be it further ordained, That the expense of the con- struction of the subways shall be borne as follows: In all in- stances where the street railway or interurban tracks occupy the streets to be crossed by the tracks of the commercial ra1l- road companies, all the expense of the construction of abut- ments, of approaches, excavations, paving and the payment of incidental damages to property holders, resulting from injury SUBWAYS. Each com- pany to do its portion of the work promptly, ete- Widths of subways and viaducts. Expense of subways— how to be borne. 982 CITY ORDINANCES. SUBWAYS. to property by reason of the construction of such subways, shall be divided between the railroad companies, the City of Memphis . and the street car companies, as follows: The commercial railroad companies shall bear one portion of the expense for each track owned by them, which crosses such subway; the City of Memphis shall bear one portion for the space reserved by it on Broadway, or Railroad avenue, and the street railway company, or interurban company, shall bear one portion for each track owned by it, crossing beneath such subway. ‘The respective commercial railroad companies shall provide their own girders and floor system for their tracks crossing such sub- ways. In the construction of viaducts over the tracks along Broad- way, or Railroad avenue, the expenses of constructing approaches, abutments to viaducts, and the payment of incidental damages to property owners for damages done to the property abutting on said street, by reason of the construction of said viaduct, shall be paid for in the same proportion as hereinbefore provided for the payment of the expenses in the construction of subways upon Broadway, or Railroad avenue. In all cases where the street railway company, or the inter- urban company, does not cross the track, or occupy the subways, or viaducts, they shall not be required to contribute to the ex- penses incurred relative to the viaducts or subways not occupied by them. Sec. 17. Be it further ordained, That in the construction of. the subway beneath the tracks of the Illinois Central, the Yazoo & Mississippi Valley and the Chicago, St. Louis & New Orleans Railroad Companies between Iowa avenue on the south and Cal- houn avenue on the north, that the expense of constructing the abutments, the approaches, the paving of the subways, and the payment of incidental damages to the owners of abutting prop- CITY ORDINANCES. 983 ERECTION AND MAINTENANCE OF POLES. erty injured by the construction of the subway, the respective railroad companies shall pay one portion for each track crossing said subway, or viaduct, and the street railway company, or interurban company, where their tracks occupy the subways, shell pay one portion for each track so occupying the subway under the tracks of the said commercial railroad companies. Each. railroad company shall provide its own girders and floor system for its tracks crossing such subways. Sec. 18. Be it further ordained, That this ordinance go into effect from and after its passage, the public welfare requiring it. Passed final reading Tuesday, August 3, 1909. JAMES H. MALONE, Mayor. Attest: ENNIS M. DOUGLASS, City Register. AN ORDINANCE. AN ORDINANCE To provide rules for the erection, resetting and maintenance of poles used for the stringing of wires of tele- phone, telegraph, electric light or power companies or street railway companies within the City of Memphis. Section 1. Be it ordained by the Legislative Council of the City of Memphis, That the following rules shall obtain for the erection, repairing, replacing and maintenance of poles in the city of Memphis, which are used for the stringing of wires thereon: (a) That after the passage of this ordinance no poles used for the stringing of wires of telephone, telegraph, electric light or power, or street railway companies, or any other concern using same, shall be erected or reset, or replaced, without permission from the Board of Fire and Police Commissioners. (b) That in future all such poles shall be erected or reset or replaced under the rules of the joint pole construction as herein set forth. That whenever a new line of poles is to be erected, or 984 CITY ORDINANCES. ERECTION AND MAINTENANCE OF POLES. whenever by reason of street improvements, existing lines of poles are to be replaced, moved or reset, or whenever due to the danger- ous condition by reason of age or deterioration, in which case the Board of Fire and Police Commissioners shall have power to order the same replaced, then any such pole or poles shall be constructed under the joint pole construction rules, provided that the Board of Fire and Police Commissioners shall have power and it shall be their duty to order such construction when in their judgment it shall be deemed advisable. (c) That such joint pole construction shall consist of poles of ample size and length to carry the wires of two or more com- panies using the same street, and that the wires of the electric light and power companies when such poles are to be used by them, shall have their wires strung at the top sections of poles, and shall not come closer than three feet to any wire of tele- phone or telegraph companies or companies using wires carry- ing a current of low potential, and that the wires of the street railway companies using a voltage of not over 500 volts shall be located or strung at the lower section of poles not closer than three feet to wires of any other company using such poles. (d) That whenever the Board of Fire and Police Commis- sioners shall decide that poles shall be erected under the joint pole construction, and that all companies concerned shall agree on the space necessary to carry their respective wires, and shall also agree as to pro rata of expense for the erection of such poles; that whenever they shall not be able to come to a con- clusion, then the Board of Fire and Police Commissioners shall have power to decide such matters or to appoint an arbitration committee composed of as many members as they shall see fit, to settle and adjust all such disputed questions, and their report or finding shall be final. (e) That whenever any company or companies shall fail to comply with the provisions of this ordinance, then the Board CITY ORDINANCES. 985 ERECTION AND MAINTENANCE OF POLES. of Fire and Police Commissioners shall have authority to remove, or have removed, any pole or poles which are permitted to exist after such improvements have been ordered, or which have been erected without having first secured the permission to do so, as provided akove, provided that the Board shall first give written notice to the offending party, in which 30 days shall be allowed in which to do such work. (f{) That before any permission is given to erect any pole in the City of Memphis, or to reset or replace any pole or poles, that provision shall be made by reserving proper space and furnishing all cross-arms, pins and supports to carry all wires mor the fire and police telegraph and telephone systems of the City of Memphis, and that such space shall be under the wires of the electric light and power companies, when used by such companies, and that there shall be reserved a space of not less than three feet above and below such wires of the City of Mem- phis, and that the wires of no other company shall approach such wires of the City of Memphis closer than three feet. That whenever any pole or poles are used exclusively for telephone or telegraph companies, then such space shall be reserved at the top of all such poles for the use of the wires of the City of Memphis. (g) That the erection of all poles or pole lines, and the removal, resetting or replacement of all such poles shall be done under the supervision of the electrician of the Fire’ and Police Department, under the direction of the Board of Fire and Police Commissioners, and all permits for the erection, removal or replacement, or resetting of poles, shall be countersigned by the electrician of the Fire and Police Departments. That all space used for wires of the fire and police telegraph and telephone systems and reserved for the same on all holes erected, shall be done under the supervision and by direction of the electrician of the fire and police departments. 986 CITY ORDINANCES. STREET IMPROVEMENT BONDS. Sec. 2. Be it further ordained, That this ordinance take effect from and after its passage, the public welfare requiring it. Passed final reading September 4, 1909.° JOHN T. WALSH, Acting Mayor. Attest: ENNIS M. DOUGLASS, City Register. — AN ORDINANCE. AN ORDINANCE To provide for the issuance of $425,000.00 of street improvement bonds of the City of Memphis, under an act of the General Assembly of the State of Tennessee for 1909, Chapter 587, amending Chapter 11 of the Acts of 1879. Section 1. Be it ordained by the Legislative Council of .the City of Memphis, That under and by authority of the provisions of Chapter 587 of the Acts of the General Assembly of the State of Tennessee for the year 1909, amending Chapter 11 of the Acts of 1879, the City of Memphis will issue, and the Mayor and City Register of said city are hereby authorized to execute and deliver, $425,000.00 in street improvement bonds, negotiable and payable to bearer, the same to be issued and the proceeds thereof to be used exclusively in the cost of the improvement of the streets of Memphis. Sec. 2. Be it further ordained, That said bonds shall be issued in the denominations of $1,000 each, dated the 1st day of August, 1909, bearing interest at the rate of 41%4 per cent. per annum, pay-- able semi-annually on the ist day of February and August of each and every year, and said bonds shall be signed by the Mayor and by the Register of the City of Memphis, and the interest coupons attached to said bonds shall bear the lithographed signa- ture of the Mayor. Ali of said bonds shall mature and be due and payable on the ist day of August, 1944, without option of prior payment; and said bonds and interest coupons shall be payable at the city hall in Memphis, Tenn., or, at the option of CITY ORDINANCES. 987 STREET IMPROVEMENT BONDS. the holder, at the United States Mortgage and Trust Company, in New York; and said bonds, both principal and interest, shall be payable in lawful money of the United States of America. Sec. 3. Be it further ordained, That said bonds and coupons thereto attached shall be substantially in form as set forth in said Chapter 587 of the Acts of 1909, above referred to. Sec. 4. Be it further ordained, That the Mayor of the City of Memphis shall cause said bonds and coupons to be properly litho- graphed, and said bonds shall all be signed by the Mayor and the City Register, and the corporate seal of the city shall be affixed thereto. — Sec. 5. Be it further ordained, That said bonds shall be sold at public sale, whereof due notice shall be given by advertisement in a daily paper published in Memphis, Tennessee, inviting sealed bids, which advertisement shall be published in the issues of Oct. 8th, 9th and 10th, 1909, of such paper. The sealed bids shall be filed with the City Register not later than 12 o’clock, noon, of Oct. 11th, 1909. Said bonds shall not be sold below the par or face value thereof and accrued interest, and free from any sale commission or brokerage. The right to reject any and all bids shall be reserved. Sec. 6. Be it further ordained, That the proceeds of said bonds shall be used for the sole and exclusive purpose of improving streets in the City of Memphis. Sec. 7. Be it further ordained, That the full faith and credit of the City of Memphis is hereby pledged for the payment of the principal and interest of said bonds as the same respectively become due, and for the levy and collection of sufficient taxes for that purpose. Sec. 8. Be it further ordained, That all ordinances or parts of ordinances in conflict with this ordinance be and the same are expressly repealed. Sec. 9. Be it further ordained, That this ordinance take effect from and after its passage, the public welfare requiring it. Passed final reading October 7, 1909. ‘988 CITY ORDINANCES. STREET IMPROVEMENT BONDS. AN ORDINANCE. AN ORDINANCE Authorizing the issuance and sale of street improvement bonds of the City of Memphis, Series 2 of 1909, and providing means to pay not exceeding two-thirds of the estimated cost of certain street improvements, pursuant to Chapter 341 of the Acts of the General Assembly of the State of Tennessee of 1907, as amended by Chapter 109 of the Acts of 1909. Section 1. Be it ordained by the Legislative Council of the City of Memphis, That it hereby estimates the cost of the various street improvements, hereinafter mentioned, the number of the ordinance being given, the name of the street improved and the points between which the improvements are made, as follows: Estimated cost. Total. Ordinance No. Street. 51 Tucker street, between Union and Poplar avenues.$ 8,462.50 54 55 56 57 58 59 60 62 63 Mansfield street, between Harbert and Central ave- Monroe avenue, between Lumpkin street and Goodwin. property. . soc... oe ee eee S. Barksdale street, between Madison and Union AVCTUCG ir. aie eevee. ooh ere eo) wile ole tele ese) ey el ailis) als nelle OMe Nelson avenue, between Tanglewood and Cooper SUT COES iT sce Sree oc ehs We Ws; ape ak wee gallo shatter Cowden avenue, between Tanglewood and Cooper Streets | igi qa eS ie loa cian pb ease ee Overton Park avenue, between Waldran Boule- vard and N: Montgomery street............... Porter street, between Dixon and Williams streets Mississippi Boulevard, between Iowa and Trigg AVENUES, ora ORE ple ee arabs aaa ee eee 4,657.50 2,995.50 3,031.85 2,810.00 2,141.95 3,052.50 6,912.00 10,376.19 38,343.52 CITY ORDINANCES. 989 STREETS TO BE IMPROVED. Ordinance Estimated cost. No. Street. Total. 64 Alston avenue, between Driver and Porter streets $18,418.40 65 Walnut street, between Union and Dixon avenues’ 33,481.30 66 Polk avenue, between Lauderdale and Walnut mem CS rice gis. 1. 2G Sas A alics Sx0 0s 8, tun FFT [te ws ehn a ER 16,145.52 67 Lauderdale street, between Mississippi and Pop- PC MUIVALC Sache oh ele oo ho alk Silo ever ovel and eat were Alero ach aie 89,397.00 68 Rayburn Boulevard, between Calhoun avenue and ITIP CEL V GILG) 5 5 aes ents nase 00 €/ spelen sso sh 38,356.50 69 E. McLemore avenue, between Rayburn and Mis- eM MTUI ESCO IOV ATU [oer arcs 5 ofan» op ekevses one spare’ 6 47a o's 38,982.63 ‘70 ' Beale avenue, between Orleans street and Walnut a ee, eM ER ei et Asie o. oce ene ‘alas do ace \e'ahacs a) 3.6 7,189.05 71 +N. Main street, between Poplar avenue and Keel SEINE TA MPEP E SE ar goo 5 args. os b. sireie's opie. le aT. ei0,\e 6 35,430.50 72 York avenue, neiavecn S. McLean and S. Barksdale ERG ee arses oe tel ePe, a a, hele a af ertlcys ¢ a ore 0 3,562.20 73 +%S. Lauderdale street, between Iowa avenue and Hm McLemore avenue ........... ; eevee et eeeee 12,248.83 74 Monroe avenue, between Waldran and Bellevue a ARNIS Se GS ic ai raed BaP hy ia a coe bate aR 3,762.00 75 Edith avenue, between S. Third and S. Welling- MEE OSM ech Sela seta eM ight dun orgy are harass Matec eo 3,179.00 76 Union avenue, between Wellington and Marshall RTE TS NE eee alot te a as ARETE Gdn cn hale eve eve ¢he ace 10,126.61 77 N. Manassas street, between Poplar and Jackson eT eta ook Seer Siccet sa ak ares Cee ain't one 9 8s 21,010.00 78 Somerville street, between Carr and Jefferson EM ete reas tn cass, is ah oPaeliaa.g, proke ac stern. ve 9 a's 12,729.92 79 Watkins street, between Poplar and Peabody ave- Ag Ee eae Paid seeds iy. oie whe Ro wieoas din oa oe 8,519.94 80 Dixon avenue, between Porter and Walnut streets 2,035.77 81 Peabody avenue, between LeMaster and McLean ESO RO es Re eet serrate ch 5 faa) c) ota'a A coe Sida enue 0 ene 11,607.97 990 CITY ORDINANCES. STREETS TO BE IMPROVED. Ordinance No. Street. 82 E. Cocke Place, between Rayburn and Latham 83 84 86 87 88 89 90 iE 92 93 94 95 96 97 98 99 100 102 street). dil. We BO inl oe $ Seventh street, Jackson avenue to city limits.... Evergreen street, between Poplar and Summer aventies ~ > ei word wee Oe aa 2 er Monroe avenue, between Claybrook and Cleveland AVENUES... aid aioe wiup.o 9 la\lhles eS wablownl ostebts a) waaiee eee Nelson avenue, between Roland and Tanglewood SULVeets sei bs ke Sie Se bs ene cee eeca ote ae ae ee Vesey avenue, between Rozelle street and Emmie StL OOT sols sce eevee hal ahel'a Buen ayy oof to tall e e ate mene ont nanan Euclid avenue, between Lamar avenue and Em- MIC AVENUC .. 55 cole ade cles vacntia @ ob Oerenaes een Rozelle street, between Central and Lamar ave- Kyle street, between Evelyn and Lamar avenues. . Lamar avenue, between Central avenue and city VMAS op 2 sh hao Peers 8 bie a ane ae N. Third street, between Poplar avenue and Ad- AMS \AVENUC 3 ahs oe ee ee ee oe Pennsylvania street, between W. Georgia and W. TOW, “AVETUCS i.e din» ef wee eee Looney avenue, between Manassas and Decatur SETCCUS (8. a cded 5 tae

56 6s ae eee $872,399.30 Sec. 2. Be it further ordained, That under and by authority of the provisions of said Chapter 341 of the Acts of the General Assembly of the State of Tennessee for the year 1907, as amended by Chapter 109 of the Acts of 1909, the City of Memphis will issue and the Mayor and Register are hereby authorized to execute and deliver $581,000.00 in street improvement bonds, which does not exceed two-thirds of the cost of said improve- ment; negotiable and payable to bearer, and same to be issued and the proceeds thereof to be used exclusively in the payment of the cost of the improvement of the streets last above referred to, and more particularly described in the ordinances hereinbefore recited. Sec. 3. Be it further ordained, That said bonds shall be issued in denominations of $1,000.00 each, and shall be dated the ist day of August, 1909; one-fifth of said bonds shall mature in one year, one-fifth in two years, one-fifth in iret years, gneneik in four years, and one-fifth in five years from their date, without option of prior redemption; they shall bear interest at the rate of 6 per cent. per annum, to be evidenced by attached coupons maturing semi-annually on the first days of February and August in each year; principal and interest thereon shall be payable CITY ORDINANCES. 993 STREET IMPROVEMENT BONDS. at the city hall in the City of Memphis, Tenn., or at the office of the United States Mortgage and Trust Company, in the city of New York, at the option of the holder. Sec. 4. Be it further ordained, That the proceeds arising from the collection of assessments levied or to be levied for the im- provements hereinbefore referred to, be and the same are hereby set apart as a fund, pledged for the payment of the principal and interest of said bonds, and the full faith and credit of the City of Memphis are hereby pledged for the payment of said principal and interest. Sec. 5. Be it further ordained, That the form of said bonds and coupons shall be substantially as.now set forth in said Chapter 109 of the Acts of 1909 of the General Assembly of the State of Tennessee. Sec. 6. Be it further ordained, That the Mayor of the City of Memphis shall cause said bonds and coupons to be properly lithographed, and said bonds shall all be signed by the Mayor and the City Register, and the corporate seal of the City of Memphis shall be affixed thereto. Sec. 7. Be it further ordained, That said bonds shall be sold at public sale, whereof due notice shall be given at least twenty days by and after inviting sealed bids by advertisement in a daily paper published in Memphis, Tenn., or the Mayor may, in his discretion, advertise said sale in some paper published in New York. Said bonds shall not be sold below the par or face value thereof, and accrued interest, and free from any sale commission or brokerage. The right to reject any and all bids shall be reserved. 994 CITY ORDINANCES. WATER FURNISHED FREE TO ORPHAN ASYLUMS, ETC. Sec. 8. Be it further ordained, That this ordinance shall take effect from and after its passage, the public welfare requiring it. Passed final reading September 9, 1909. JOHN T. WALSH, Acting Mayor. Attest: ENNIS M. DOUGLASS, City Register. WATER. DEPARTMENT. Section 1. Be it resolved by the Legislative Council of the City of Memphis, That the Board of Water Commissioners is hereby empowered and directed to furnish to orphan asylums or other charitable institutions for the care of persons who are helpless either from infancy or old age, also the House of the Memphis Salvage Corps, such water supply as may be reason- ably necessary, free of charge, and that the Water Department be instructed to act under the provisions of this resolution. Adopted July 7, 1904. (Book F, page 350.) CONTRACTS. The following pages under ‘‘Contracts’’ embrace all contracts of an important and permanent nature entered into by the City of Memphis since the com- pilation of the Watkins’ Digest of 1902. All contracts in the Watkins’ Digest are omitted in pursuance to a resolution adopted by the Council and set out in the introductory hereto, hence only memorandum references of such contracts are given. A contract between the City and the Tennessee Midland Railroad Company, of date December 27, 1899, granting said Company trackage rights on Broadway, omitted from the Watkins’ Digest, is herein inserted. Also, as the question of trackage rights on Broadway (or Railroad Avenue) is a mat- ter frequently inquired into, I give herein memo- randum references to various contracts affecting these rights. I also include a brief on the Law as to Subways, same having been prepared by Hon. James H. Malone, Mayor. Z . i t 5 i i : ' + ‘ ¢ aa | ; i £ ¥ j : é ’ CONTRACTS. 4 MEMORANDUM AS TO TRACKS ON BROADWAY. MEMPHIS & CHARLESTON RAILROAD (NOW SOUTHERN). KANSAS CITY COMPANIES. On January 31, 1890, the city entered into a contract with the Memphis & Charleston Railroad Company and the Kansas City companies to the effect that it was to grant these two companies two tracks each on Broadway, comprising fifty feet in the middle of Broadway, and leaving twenty-five feet on each side of these fifty feet so granted these two railroads. (See Watkins’ Digest, 1902, page 795.) The Memphis & Charleston Railroad (now Southern) got the south twenty-five feet of the strip of ground. UNION RAILWAY COMPANY. On January 27, 1890, the city granted to the Union Railway Company one track over Broadway, being the extreme southern track, but, in making the grant, the Union Railway agreed to accept the terms and conditions imposed upon the Memphis & Charleston and Kansas City companies. (See Watkins’ Digest, 1902, page 807.) On November 6, 1890, the city granted to the Union Railway another track lying immediately north of the two first granted to it and adjacent to the southern track of the Memphis & Charles- ten track, and in this contract it likewise agreed to the conditions mentioned above. (See Watkins’ Digest, page 816.) In a third contract made between the city and the Union Rail- way Company (commonly called the Belt Line), in the form of an ordinance passed June 5, 1902, it is provided in Subsection 997 Memphis & Charleston Railroad (now Southern). Kansas City Companies. Union Kail- way Co. 998 CITY CONTRACTS. Tennessee Midland Railroad Co. 10, in part, as follows: “ * * * but nothing herein shall be construed as an exclusion of the right and power of the City of Memphis to compel the Union Railway Company to raise its tracks over, and lower them under, the grade of any or all of the streets, alleys or highways crossed by the tracks of said company.” (See Watkins’ Digest, page 918.) TENNESSEE MIDLAND RAILROAD COMPANY. On December 27th, 1889, a contract was entered into by the Taxing District with the Tennessee Midland Railway Company granting it a single track on Broadway, from Fifth street, or Kansas avenue, to MeGhee Station. This contract was omitted from the Walker Digest of 1898, also the Watkins Digest of 1902, hence I have included same in this volume. (See article 95, this | Digest. ) THE LAW AS TO SUBWAYS. = In Woodruff vs. Catlin, 54 Conn., 295, it appeared the Connecti- cut Legislature ordered that an old street should be abandoned in Hartford and a new street should be laid out in lieu thereof, over which the railroad would run, and that the grades should be separated at the joint expense of the city and the road. It was held the Legislature might have compelled either to pay the whole cost of the change. _In New York, etc., appeal, 58 Conn., 532, it appears the Legis- lature of Connecticut ordered that the Railroad Commission should change a highway where it crossed at grade by a railroad, the cost to be borne jointly, but the town was in no event to pay more than one-fourth the entire cost of the change. The railroad contested the case upon the ground that the order providing that the city should pay only one-fourth the cost was arbitrary and void, but the court said the Legislature might have compelled the Board to bear the whole expense. In Wheeler vs. New York, etc., 178 U. S., 321-24, decided in 1900, those two Connecticut cases were quoted from and ap- CITY CONTRACTS. proved by the United States Supreme Court as laying down the rule that it was competent to compel the roads to pay all the cost of the improvement. In New York, etc., vs. Bristol, 151 U. S., 255, and decided in 1894, it appeared that a Connecticut act of the Legislature pro- vided a general scheme for separating grades at highway cross- ings throughout the State, and how the cost thereof should be borne. If a town petitioned for the change, then it was to pay a part of the expense; if a railroad petitioned for the change, then it must pay all the expense. However, it was further provided that the roads must, at their own expense, build at least one subway for each sixty miles of its track, and in case the directors of a road failed to apply to the Railroad Commission for that purpose, then the Commission could order the road to build the subways at its own expense. The New York & New England Railroad Company resisted the Railroad Commission when it sought to enforce this statute, but the United States Supreme Court held that the law was valid, and that the imposition upon the railroad corporation of the entire expense of a change of grade at a highway crossing was in every way valid and constitutional. In the recent 1896 case of Chicago, etc., vs. Chicago, 166 U. S., 255, it became necessary to extend a street in the City of Chi- cago so as to cross a railroad. track, and in a condemnation proceeding commenced by the city, one dollar only was allowed the railroad for a right of way over its tracks, and the road fought the case through all the courts to the United States Supreme Court. It was claimed that as only one dollar was awarded, this was the same as taking property without compensation, especially as that as soon as the street was opened the railroad 999 1000 CITY CONTRACTS. would be compelled to plank up its road, erect grades, and go to the expense of keeping a flagman there, etc. But the United States Supreme Court said: “The expense that will be incurred by the railroad in erecting gates, planking crossings and main- taining flagmen in order that its road may be safely operated— if all that should be required—necessarily resulted from the main- tenance of the public highway, and must be deemed to have been taken into account when it accepted the privileges and fran- chises granted by the State. Such expences must be regarded as incidental to the exercise of the police powers of the State.” This language has been quoted with approval by the Supreme Court of Tennessee in the case of Harriman vs. Railroad, 111 Tenn., 538-51. In Abbott’s “Municipal Corporations,’ Volume 3, page 2045, - it is said: “The existence of a railroad for well known reasons and al- ready stated on or across a public highway, is a constant menace to life and property because of the size and weight of trains and the Speed at which they are operated, and the resulting condition of lack of quick and effective control. In many cases, it might be said to be the universal rule, because of these and other reasons, that railroads have been required to construct and maintain overhead or underground crossings. The perform- ance of this duty was strongly contested for many years by railroad corporations. Their occupation of a highway is not regarded as a legitimate use of the highway. The duty to con- struct a bridge or an underground crossing to be enforceable by the State or a municipal corporation need not be included, necessarily, in the grant of the authority to occupy or use a highway. Under the police power, if no other, these facilities. can be required and their cost of construction must be paid ex- clusively by the railroad corporation.” The authority to abolish grade crossings is not, of course, an unlimited one. The city could not compel the building of sub- CITY CONTRACTS. ways where the travel and danger to life and limb would not justify such a procedure. But I think all the subways contem- plated under Broadway and in the vicinity of the present so-called union depot, are absolutely necessary, and that the city has the authority to have them constructed.—Compiler’s Note. ARTICLE 95. TENNESSEE MIDLAND RAILWAY COMPANY. Articles of agreement made and entered into this the 27th day of December, 1889, by and between the Taxing District of Shelby County, Tennessee, party of the first part, and the Tennessee Midland Railway Company, a railway company incorporated under the laws of the State of Tennessee, and having one of its termini in said District, party of the second part, witnesseth: That the party of the first part, for the consideration here- inafter mentioned, and upon the application and petition of said party of the second part on file in the records of the Taxing District office, hereby conveys and grants to said party of the second part the right to build, maintain and operate with steam power a Single track railroad along and over the strip of ground known as Broadway, beginning at Fifth street, or Kansas avenue, in said Taxing District, and running on the line hereinafter designated on and over Broadway to the south side of the right of way of the Memphis & Charleston Railroad Company, at or near McGhee’s Station, in Shelby County, Ten- nessee. Said track shall be so located and constructed that its center line shall be a line drown thirty-one and one-quarter (3114) feet north of and parallel with the center of Broadway, and run as aforesaid from Fifth street, or Kansas avenue, to a point on the south side of the right of way of the Memphis & Charles- ton Railroad Company, at or near McGhee’s Station. It is understood and agreed by both parties hereto that, be- cause of the encroachments upon Broadway by abutting owners 1001 Track on Broadway, from Fifth street to McGhee’s Station. Location. 1002 Accepts subject to CITY CONTRACTS. or occupants, especially east of the north gate of Elmwood Cem- etery, it may not be practicable for the party of the second part to locate, construct and operate its track upon the exact line herein prescribed, and it is further understood and agreed that said second party has read and knows all the terms and pro- visions of the draft of a contract prepared for execution be- tween the Taxing District on the one side and the Memphis & Charleston and the Kansas City companies on the other side, respecting Broadway, by which contract, when consummated, said companies accept the center fifty feet of Broadway from Main street to McGhee Station in compromise of their claim of title to Broadway, releasing to said Taxing District strips wens ty-five feet in width on the north and south sides of Broadway. grant And the said second party hereto accepts this grant subject contract con- to all the provisions of said contemplated contract, it being ex- templated. Encroach- ments upon Broadway. Switching charges. pressly understood and agreed that the execution of this contract is in no manner to interfere with or affect the power of the Taxing District to make such settlement of its differences with said railroad companies as it may deem proper, but this grant is to be protected in such settlement as far as it can be done consistently with the public interests as involved in or affected by such settlement. And it is also further understood and agreed that whenever, by reason of encroachments upon Broadway and the consequent impracticability on the part of said second party to occupy the exact strip hereinbefore granted to it, the said second party may maintain and operate under this grant a track, the center of which shall be located as nearly as possible twelve and one-half (12144) feet north from the center of the north.track of the Memphis & Charleston Railroad Company, as fixed by said contemplated contract between the Taxing District and said Memphis & Charleston and Kansas City companies. It is further understood and agreed that all the limitations as to switching, and the charges therefor, set out in said con- CITY CONTRACTS. templated contract between the Taxing District and said Mem- phis & Charleston and Kansas City companies are imposed upon and accepted by said party of the second part; and, further, that said party of the second part accepts this grant subject in all respects to the provisions of said contemplated contract between the Taxing District and the Memphis & Charleston and Kansas City companies, so far as the same are applicable to an incoming Toad. It is further understood and agreed that the party of the second part shall have the right to lay cross tracks on Broad- way to réach any points on the north or south side of Broad- way between Fifth street, or Kansas avenue, and the eastern terminus thereof at McGhee’s Station, inside or outside of said Taxing District, and shall do switching upon the demand of any other road occupying Broadway without discrimination upon said tracks and the attendant spurs or side tracks, to mills, compresses, business or other manufacturing establishments, and shall not charge exceeding two dollars ($2.00) per loaded car for switching, empty cars to be switched free in one direction. And said party of the second part shall not refuse to switch the cars of any other road paeorte Broadway from its switches or spurs, nor subject them to any unreasonable delays in switch- ing. Such crossings shall not interfere with the switches laid previously to the laying of such cross-over tracks, and they shall be laid under the supervision and to the satisfaction of the superintendents of the companies whose tracks are crossed. The above charge of not exceeding two dollars per car for switching loaded cars shall apply only to sidings and spur tracks not exceeding one-quarter of a mile in length from either boundary of Broadway. Said party of the second part having crossings and spur tracks as aforesaid shall not charge switching fees for delivering freight which comes in over its own road upon above mentioned cross- ings or spur tracks. 1003 Not to discriminate in charges. Charges, When not to charge. 1004 CITY CONTRACTS. Right to connect with And the said party of the second part shall have the right other tracks. 4g make connections with the tracks of any railroad now laid, Uncondi- tional grant. Conditions of grant. cr hereafter to be laid, on Broadway or crossing Broadway; but the location of any such connecting track or tracks which cross the north or south line of Broadway, the paving required, and the manner of constructing such connections shall be subject to the control of the Legislative Council of the Taxing District. But nothing in this contract shall operate to prevent said Leg- islative Council from making like conditions and grants to any’ other railroad company now occupying, or which may hereafter occupy, Broadway or any part thereof. It is further understood and agreed that the grant here made to the party of the second part by the party of the first part is a present and unconditional grant, not dependent for its taking effect upon the consummation of the said contemplated contract between the Taxing District and the Memphis & Charles- ton and Kansas City companies, but in order that the said con- templated contract may be read in connection with this grant a copy thereof is hereto attached, referred to and marked Ex- hibit “A.” This grant by the party of the first part to the party of the second part is made upon the following considerations, to-wit: The said party of the second part, upon the execution and delivery of this instrument, pays in cash to the party of the first part, the receipt of which is hereby acknowledged, the sum of twenty-five hundred dollars ($2,500), and assumes to Sy the law firm of Turley & Wright the further sum of two thou- sand dollars ($2,000) on account of professional services ren- dered by them under employment by the Taxing District, in the litigation between said District and the Memphis & Charleston and Kansas City companies over the title to Broadway. This | sum of two thousand dollars to be payable when the said party of the second part is put in possession of the right of way over CITY CONTRACTS. 1005 Broadway above granted, and upon the termination of the liti- gation between the Taxing District and the said Memphis & Charleston and Kansas City companies, the said Turley & Wright having agreed to look alone to the second party hereto for pay- ment thereof. It is understood and agreed that the Taxing District makes this grant without any warranty whatever, granting to the sec- ond party just such rights as it, the said Taxing District, has power to grant, and the said second party assumes all the risks of the power of said first party to make said grant. And the said second party further agrees to indemnify and hold harmless the said first party against any and all claims whatsoever, whether direct or indirect, arising out of, or occa- sioned by, this grant or by the exercise by it of the rights and privileges herein conferred upon it. It is further understood and agreed that the said party of the first part reserves and retains all its proper police powers over said track and the operation thereof, and that this grant is ac- cepted subject to all lawful ordinances of the Taxing District now in force, or that may hereafter be enacted. The obligations of this contract shall be binding upon, and its benefits shall inure to the successors and assigns of the par- ties hereto, respectively. Executed in duplicate this the 27th day of December, 1889. DAVID. P. HADDEN, JAMES LEE, JR., Fire and Police Commissioners. Approved: JOHN E. RANDLE, SAMUEL HIRSCH, CHARLES KNEY, T. J. GRAHAM, Board of Public Works. (Seal Tenn. Mid. Ry.) TENNESSEE MIDLAND RAILROAD CO., By JOHN OVERTON, JR., President. Attest: RO. L. TRAYLOR, Secretary. Damages. City held harmless. Police power, 1006 CITY CONTRACTS. Transfer of lease to the C., O. & G. R. R.. ratified. Preamble. ARTICLE 96. CHOCTAW, OKLAHOMA & GULF RAILROAD COMPANY. This contract, made and executed in duplicate on the ...... day of March, 1904, by and between the City of Memphis, Shelby County, Tennessee, party of the first part, and hereinafter called the city, and the Choctaw, Oklahoma & Gulf Railroad Company, a corporation chartered under the laws of the United States, here- inafter called the railroad company, party of the second part, witnesseth: That, whereas, by a written lease of date August 3d, 1899, the City of Memphis leased to the Choctaw & Memphis Railroad Company, for a period of fifty years from the date of said lease, the lots and parcels of ground situated in the City of Memphis, and bounded and described as follows, to-wit: First. The lot and parcel of ground bounded on the north ‘by the tracks of the Southern Railway, running from Washing- ton street in a northwesternly direction across the tracks of the Illinois Central Railway, in Promenade street; on. the east by the west line of Front street; on the south by the north line of Adams street, and on the west by the right of way of the Illinois Central Railroad Company, in Promenade street, except- ing that part of Washington street included within these boun- daries. This lot is hereinafter designated as Lot No. 1. Second. The lot bounded on the north by the south side of Adams street; on the east by the west line of Front street; on the south by the north line of Jefferson street; and on the west by the right of way of the Illinois Central Railroad Company, in Promenade street. This lot is hereinafter designated as Lot No. 2. Said lease also granted to said railroad company the privilege of laying four tracks across Washington street and across Adams street, from Lot 1 to Lot 2, and the privilege of running its trains s CITY CONTRACTS. 1007 and engines across Washington and Adams streets at the points aforesaid into and across said two lots. And, whereas, the said lease contained various stipulations and provisions to be performed and carried out by the Choctaw & Memphis Railroad Company; And, whereas, the third clause of said lease provides as fol- lows: “Third. Said railroad company (meaning the Choctaw & Mem- phis Railroad Company) shall not sell, transfer, lease or in any wise dispose of this lease, or any of the premises leased, or privi- leges acquired hereunder, it being agreed that this lease and the provisions granted and given to the Choctaw & Memphis Railroad Company is a contract and grant personal to said company, and no other corporation, firm or person shall operate any cars or engines over the lots or streets above described under any purchase, lease, traffic arrangement, license or con- tract of any character; except it may lease same to the Choctaw, Oklahoma & Gulf Railroad Company along with rest and residue of its properties, so as to form a continuous line from Memphis west over said railroads.”’ And, whereas, the twelfth clause of said lease provides as fol- lows: “It is further stipulated and agreed by the railroad company (meaning the Choctaw & Memphis Railroad Company) that any assignment or transfer of said lease to the Choctaw, Oklahoma & Gulf Railroad Company shall be made expressly subject to all of the terms and conditions of this lease, and said Choctaw, Cklahoma & Gulf Railroad Company shall, within sixty days. from this date, file with the city its written stipulation, executed by its proper officers, obligating and binding itself to carry out and perform all the provisions of said lease.’ And, whereas, on the 27th day of September, 1899, the said Choctaw, Oklahoma & Gulf Railroad Company entered into a 1008 CITY CONTRACTS. stipulation with the City of Memphis, which legally fulfilled the requirements and followed the provisions of said twelfth clause of said original lease, which stipulation is found on pages 747 to 749, inclusive, of the City Digest of 1902, which is now referred to and made a part of this contract. Said original lease is now referred to and made a part of this contract, just as if it were set out herein in full, and also said stipulation is referred to and made a part of this contract, just as if it were set out herein in full; and, Whereas, subsequent to the execution of said original lease be- tween the City of Memphis and the Choctaw & Memphis Railroad Company, of date August 3d, 1899, and also subsequent to the execution of the stipulation entered into on behalf of the Choc- taw, Oklahoma & Gulf Railroad Company, by its proper officers, with the City of Memphis of date September 27th, 1899; and, Whereas, the said Choctaw & Memphis Railroad Company, on the 30th day of June, 1900, did legally transfer and assign to ‘the Choctaw, Oklahoma & Gulf Railroad Company all its prop- erty, rights, provisions and terms obtained in said lease with the City of Memphis; and, Whereas, the Choctaw, Oklahoma & Gulf Railroad Company, on the 24th day of March, 1904, did transfer, lease and assign to the Chicago, Rock Island & Pacific Railway Company all of its property, rights, provisions and terms obtained in said orig- inal lease between the City of Memphis and the Choctaw & Mem- phis Railroad Company, of date August 3d, 1899, which, as above stated, has been legally assigned to it, the Choctaw, Oklahoma & Gulf Railroad Company; and, Whereas, it is considered for the best interests of the parties to this contract, and for and in consideration of the terms, pro- visions and conditions set forth in the original lease and stipu- lation, above mentioned, it is now further agreed and stipulated CITY CONTRACTS. by and between the City of Memphis, party of the first part, and the Choctaw, Oklahoma & Gulf Railroad Company, party of the second part, that the said lease by the Choctaw, Oklahoma & Gulf Railroad Company to the Chicago, Rock Island & Pacific Railway Company is in all things ratified, affirmed and approved as fully and in the same manner as if the permission and consent of the City of Memphis had been granted to the Choctaw, Okla- homa & Gulf Railroad Company to transfer and assign the said above mentioned lease to the Chicago, Rock Island & Pacific Railway Company before the actual execution of the same, upon the hereinafter stipulation and agreement by the Choctaw, Okla- homa & Gulf Railroad Company, viz.: “It is further stipulated and agreed by the Choctaw, Oklahoma & Gulf Railroad Company that this assignment or transfer of this lease to the Chicago, Rock Island & Pacific Railway Com- pany, which was executed on the 24th day of March, 1904, shall be, and has been, made expressly subject to all of the terms and provisions of the original lease between the City of Memphis and the Choctaw & Memphis Railroad Company, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Com- pany, and the Chicago, Rock Island & Pacific Railway Company shall, within sixty days from this date, file with the city its written stipulation, executed by its proper officers, binding itself to carry out and perform all of the provisions of the original lease, above mentioned, between the City of Memphis and the Choctaw & Memphis Railroad Company, which lease has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Com- pany, it being the intention of the agreement of the parties hereto that the assignment, lease or transfer of this lease to the Chicago, Rock Island & Pacific Railway Company shall be made expressly subject to all of the terms and provisions of the origi- nal lease between the City of Memphis and the Choctaw & Mem- phis Railroad Company, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company.” 1009 1010 CITY CONTRACTS. II. And, whereas, by a written lease of date the 30th day of August, 1899, by and between the City of Memphis, Shelby Somat and the Choctaw & Memphis Railroad Company, a cor- poration chartered under the laws of the State of Arkansas, the City of Memphis leased to the Choctaw & Memphis Railroad Company, for a period of fifty years from the date of said lease, the lots and parcels of ground situated in the City of Memphis, and located and described as follows, to-wit: “That lot or parcel of ground embraced in the lease from the Taxing District of Shelby County, Tennessee, to the Mem- phis Grain & Elevator Company, more particularly described as follows: “Wirst. Lying and being in said Shelby County, Tennessee, City of Memphis, and being nine feet west of the center of Promenade street, where the same intersects with the south line of Poplar street, thence south on a line nine feet west of the center of Promenade street, if extended, to a point opposite the southeast corner of Lot No. 95 of the Batture Addition to the City of Memphis; thence west to the southeast corner of said Lot No. 95; thence north with the east line of said Lot No. 95 to the south line of Washington street; thence west with the south line of Washington street, if extended, to a point 600 feet from the line nine feet west of the centér of Promenade street; thence north on a line, which line is at all points 600 feet west from the line nine feet west of the center of Promenade ‘street, to the south line of Poplar street, if extended; thence east with said south line of Poplar street to a point nine feet west of the center of Promenade street, the beginning, including therein what is Known as Center Landing.” Second. The right of way on and over Fulton street, in the City of Memphis, as follows, to-wit: CITY CONTRACTS. “The privilege of laying and operating one railroad track from a point where its present incline tracks enter Fulton street, along and over said Fulton street; also the privilege of laying and operating two tracks from said Market street south along and over said Fulton street to and across Poplar street, in said city, into the above described premises demised by said lease, “so as to enable the second party to have ingress and egress to and from said leased premises; said railroad company con- templating the purchase of the lot of ground lying on the north- east corner of Fulton and Poplar street is given the right, in the event the purchase shall be made, for the period of the extension of said lease, to cross Poplar street with four tracks, in addition to the two above enumerated from the property it contemplates purchasing on the north side of Poplar street to its ground as above described on the south side of Poplar street, said grant is also to be for the period of fifty years from this date.” And, whereas, said lease contains various and sundry stipula- . tions and provisions to be performed and carried out by Choctaw & Memphis Railroad Company, and, whereas, the third clause of said lease provides as follows, to-wit: “The said railroad company shall not sell, transfer or lease, or in any wise dispose of this lease, or any of the premises leased, or privileges acquired thereunder, it being agreed that this lease and the privileges granted are granted and given to the Choctaw & Memphis Railroad Company as a contract and grant personal to said company, and no other corporation, firm or person shall operate any cars or engines over the lots and streets above described under any purchase, lease, traffic arrangement or license, or contract of any character, except it may lease the same to the Choctaw, Oklahoma & Gulf Railroad Company along with the rest and residue of its properties, so as to form a continuous line from Memphis west over both said railroads.” 1011 1012 CITY CONTRACTS. And, whereas, the tenth clause of said lease is as follows, te-wit: “It is further stipulated and agreed by the Railroad Company that the assignment or transfer of this lease to the Choctaw, Oklahoma & Gulf Railroad Company shall be made expressly subject to all of the terms and provisions of this lease, and the Choctaw, Oklahoma & Gulf Railroad Company shall, within sixty days from this date, file with the City of Memphis its written stipulation, executed by its proper officers, obligating and binding itself to carry out and perform all of the provisions. of this lease.” Said original lease executed between the City of Memphis and the Choctaw & Memphis Railroad Company, of date August 30th, 1899, and found in the Digest of the City of Memphis, 1902, pages 731 to 740, is referred to and made a part of this contract, just as if it were stated herein in full. And, whereas, the said Choctaw, Oklahoma & Gulf Railroad Company did execute and file with the city its written stipula- tion, executed by its proper officers, obligating and binding itself to carry out and perform all of the provisions of the above- mentioned lease. And, whereas, at a day subsequent to the execution of the criginal lease above referred to, and to the stipulation above referred to, the said Choctaw & Memphis Railroad Company, of date the 30th day of August, 1899, did transfer and assign to the Choctaw, Oklahoma & Gulf Railroad Company, for a valuable consideration, the above mentioned lease. Said original lease is now referred to and made a part of this: contract, just as if it was set out herein in full, and also said stipulation is referred to and made a part of this contract, just as if it were set out herein in full; and, Whereas, subsequent to the execution of said original lease between the City of Memphis and the Choctaw & Memphis Rail- CITY CONTRACTS. 1013 road Company, of date August 30th, 1899, and also subsequent to the execution of the stipulation entered into on behalf of the Choctaw, Oklahoma & Gulf Railroad Company by its proper officers with the City of Memphis; and, Whereas, the said Choctaw & Memphis Railroad Company, on the 30th day of June, 1900, did legally transfer and assign to the Choctaw, Oklahoma & Gulf Railroad Company all of its property rights, provisions and terms contained in said lease with the City of Memphis; :and, Whereas, the Choctaw, Oklahoma & Gulf Railroad Company, on the 24th day of March, 1904, did transfer, lease and assign to the Chicago, Rock Island & Pacific Railway Company all of its property, rights, provisions and terms obtained in said origi- nal lease between the City of Memphis and the Choctaw & Mem- phis Railroad Company, of date August 30th, 1899, which, as above stated, had been legally assigned to it, the Choctaw, Okla- homa & Gulf Railroad Company; and, Whereas, it is considered for the best interests of the parties. to this contract and for and in consideration of the terms, pro- visions and conditions set forth in the original lease and stipu- lation, above mentioned, it is now further agreed and stipulated by and between the City of Memphis, party of the first part, ana the Choctaw, Oklahoma & Gulf Railroad Company, party of the second part, that the said lease by the Choctaw, Oklahoma & Gulf Railroad Company to the Chicago, Rock Island & Pacific Railway Company is in all things ratified, affirmed and ap- proved as fully and in the same manner as if the permission and consent of the City of Memphis had been given to the Choctaw, Oklahoma & Gulf Railroad Company to transfer and assign the said above mentioned lease to the Chicago, Rock Island & Pacific Railway Company before the actual execution of the same, upon the hereinafter stipulation and agreement by the Choctaw, Oklahoma & Gulf Railroad Company, viz.: 1014 CITY CONTRACTS. It is further stipulated and agreed by the Choctaw, Oklahoma & Gulf Railroad Company that this assignment or transfer to the Chicago, Rock Island & Pacific Railway Company, which was executed on the 24th day of March, 1904, shall be, and has been, made expressly subject to all of the terms and provisions of the original lease between the City of Memphis and the Choe- taw & Memphis Railroad Company, which has been legally as- signed to the Choctaw, Qklahoma & Gulf Railroad Company, and the Chicago, Rock Island & Pacific Railway Company, shall, within sixty days from this date, file with the city its written stipulation, executed by its proper officers, binding itself to carry out and perform all of the provisions of the original lease, above mentioned, between the City of Memphis and the Choc- taw & Memphis Railroad Company, which lease has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company; it being the intention. of the agreement of the parties hereto that the assignment, lease or transfer of this lease to the Chicago, Rock Island & Pacific Railway Company shall be made expressly subject to all of the terms and provisions of the original lease between the City of Memphis and the Choctaw & Memphis Rail- road Company, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company. Ill. And, whereas, on October 12th, 1900, the City of Memphis granted to the Choctaw & Memphis Railroad Company the right of way for the laying of a railroad track over certain public property and streets belonging to the City of Memphis; and, Whereas, the Choctaw, Oklahoma & Gulf Railroad Company legally succeeded to all of the rights possessed by the Choctaw & Memphis Railroad Company in this above mentioned right of way together with all of the property and rights therein; and, CITY CONTRACTS. 1015. Whereas, on the 24th day of March, 1904, the Choctaw, Okla- ‘homa & Gulf Railroad Company did transfer, lease and assign to the Chicago, Rock Island & Pacific Railway Company all of its property rights, provisions and terms contained in the said grant of right of way immediately above mentioned of date Octo- ber 12th, 1900; and, Whereas, it is considered for the best interest of the parties to this contract and for and in consideration of the terms, provisions and conditions set forth in the original lease and stipulation above mentioned, it is now further agreed and stipu- lated by and between the City of Memphis, party of the- first part, and the Choctaw, Oklahoma & Gulf Railroad Company, party of the second part, that the said lease by the Choctaw, Oklahoma & Gulf Railroad Company is in all things ratified, affirmed and approved as fully and in the same manner as if the permission and consent of the City of Memphis had been given to the Choctaw, Oklahoma & Gulf Railroad Company to transfer and assign the said above mentioned right of way to the Chicago, Rock Island & Pacific Railway Company before the actual execution of same, upon the hereinafter stipulation and agreement by the Choctaw, Oklahoma & Gulf Railroad Com- pany, viz.: “Tt is further stipulated and agreed by the Choctaw, Oklahoma & Gulf Railroad Company that this assignment or transfer of this right of way to the Chicago, Rock Island & Pacific Railway Company, which was executed on the 24th day of March, 1904, shall be, and has been made, expressly subject to all of the terms and provisions of the original grant of right of way be- tween the City of Memphis and the Choctaw & Memphis Railroad Company of date October 12th, 1900, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company, and the Chicago, Rock Island & Pacific Railway Company shall, within sixty days from this date, file with the City of Memphis its written stipulation, executed by its proper officers, binding Lease by the Choctaw, Ok- lahoma & Gulf Ry. Co. ratified. 1016 CITY CONTRACTS. itself to carry out and perform all of the provisions of the original grant of right of way above mentioned, it being the intention of the agreement of the parties hereto that the assign- ment, lease or transfer of this right of way to the Chicago, Rock Island & Pacific Railway Company shall be made expressly subject to all of the terms and provisions of the original grant of right of way by the City of Memphis to the Choctaw & Memphis Railroad Company, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company. Said grant is found on pages No. 439 to 440, inclusive, Record Book E of the Legislative Council, to which reference is made, and which original grant is hereby made a part of this contract, just as if it were set out herein in full. It is further agreed and stipulated that, should any conflict appear in the contract, as here drafted, and the original contracts” or grants, the originals shall be accepted as authority and bind the contracting parties. Executed in duplicate the day and year above written. J. J. WILLIAMS, B. R. HENDERSON, JOHN T. WALSH, Board of Fire and Police Commissioners. G. M. TIDWELL, EK. B. LEMASTER, D. GENSBURGHER, THOMAS DIES, GEORGE C. LOVE, A. B. CARRUTHERS, ED. F. GRACE, Board of Supervisors of Public Works. CHOCTAW, OKLAHOMA & GULF RAILROAD CO., By ROBERT MATHRES, Vice-President, (Seal C., Okla. & G. R. R. Co.) G. T. BOGGE, Assistant Secretary. CITY CONTRACTS. 1017 ARTICLE 97. LEASE TO THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY RATIFIED. THIS STIPULATION, executed this the 23rd day of May, 1904, by the Chicago, Rock Island & Pacific Railway Company: WITNESSETH: That whereas, by certain written leases of date—one of August 3rd, 1899, and the other of August 30th, 1899, the City of Memphis leased to the Choctaw & Memphis Railroad Company for a period of fifty years from the dates of said leases the lots and parcels of land as therein set forth, together with the right of way over. certain streets in the City of Memphis, and over certain public property belonging to the said City of Memphis, which leases are to be found—that of August 3rd, 1899, on pages 740 to 746, inclusive, of the Digest of the City of Memphis for the year 1902, and the lease of August 30th, 1899, is to be found on pages 731 to 740, inclusive, of the said City Digest for the year 1902. Said original leases are now referred to, and made a part of this stipulation, just as if they were set out herein in full; and, Whereas, said lease contained various and sundry stipulations and provisions to be performed and carried out by the Choctaw & Memphis Railroad Company; and, Whereas, the Twelfth clause of the lease of August the 3rd, 1899, is set forth as follows: “And it is further stipulated and agreed by the railroad com- pany (meaning the Choctaw & Memphis Railroad Company), that any assignment or transfer of this lease to the Choctaw, Oklahoma & Gulf Railroad Company shall be made expressly subject to all of the terms and provisions of this lease and the Choctaw, Oklahoma & Gulf Railroad Company shall within sixty days from this date file with the City of Memphis its written stipulation executed by the proper officers, obligating and binding Preamble. 1018 CITY CONTRACTS. itself to carry out and perform all of the provisions of this lease’; and, Whereas, by the Tenth clause of the lease of August 30th, 1899, as above set forth, it is provided as follows: “It is further stipulated and agreed by the railroad company, (meaning the Choctaw & Memphis Railroad Company), that any assignment or transfer of this lease to the Choctaw, Okla- homa & Gulf Railroad Company shall be made expressly subject to all of the terms and provisions of this lease; and said Choctaw, Oklahoma & Gulf Railroad Company shall within sixty days from this date file with the city its written stipulation executed by its proper officers, obligating and binding itself to carry out and, perform all of the terms and provisions of this'lease’; and Whereas, on a day subsequent to the execution of said leases between the City of Memphis and the Choctaw & Memphis Rail- road Company of dates August 38rd, 1899, and August 30th, 1899, the said Choctaw & Memphis Railroad Company, with the con- sent of the City of Memphis and following strictly the provisions of the above mentioned leases and also subsequent to the execu- tion of the further stipulations entered into on behalf of the Choctaw, Oklahoma & Gulf Railroad Company in pursuance of, and following the provisions of said above mentioned leases, did legally transfer and assign on the 30th day of June, 1900, to the Choctaw, Oklahoma & Gulf Railroad Company all of its property rights, provisions and terms contained in said above mentioned leases with the City of Memphis; and, Whereas, the Choctaw, Oklahoma & Gulf Railroad Company on the 24th day of March, 1904, did transfer, lease and assign to the Chicago, Rock Island & Pacific Railway Company all of its property rights, prorisions and terms obtained under said original leases between the City of Memphis and the Choctaw & Memphis Railroad Company of dates August 3rd, 1899, and - CITY CONTRACTS. 1019: August 30th, 1899, which, as above stated, had been legally assigned to it, the Choctaw, Oklahoma & Gulf Railroad Com- pany; and, Whereas, on the 30th day of March, 1904, the City of Memphis did enter into a written contract with the Choctaw, Oklahoma & Gulf Railroad Company ratifying, affirming and approving the transfer, lease and assignment of all of its property rights, interests and franchises in and under the above mentioned leases between the City of Memphis and the Choctaw & Memphis Rail- road Company of dates August 3rd, 1899, and August 30th, 1899, which had been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company, unto the Chicago, Rock Island & Pacific Railway Company; and, Whereas, in the said above mentioned contract of March 30th, 1904, entered into between the City of Memphis and the Choctaw, Oklahoma & Gulf Railroad Company, and under Section 1 thereof, it is provided as follows: “And the Chicago, Rock Island & Pacific Railway Company shall within sixty days from this date file with the city (mean- ing the City of Memphis), its written stipulation executed by its proper officers, binding itself to carry out and perform all of the provisions in the original lease above mentioned between the City of Memphis and the Choctaw & Memphis Railroad Company, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company (meaning the lease of August 3rd, 1899). It being the intention of the agreement of the parties hereto that the assignment, lease and transfer of this lease to the Chicago, Rock Island & Pacific Railway Company shall be made expressly subject to all of the terms and provisions of the original lease between the City of Memphis and the Choctaw & Memphis Rail- road Company, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company; and, 1020 CITY CONTRACTS. Whereas, it is further provided in the said above mentioned contract of March 380th, 1904, between the City of Memphis and the Choctaw, Oklahoma & Gulf Railroad Company, under Section 11 thereof, as follows: “And it is further stipulated and agreed by the Choctaw, Okla- homa & Gulf Railroad Company that this assignment, or transfer to the Chicago, Rock Island & Pacific Railway Company, which was executed on the 24th day of March, 1904, shall be, and has been, made expressly subject to all of the terms and pro- visions of the original lease (meaning the lease of August 30th, 1899), between the City of Memphis and the Choctaw & Memphis Railroad Company, which has been legally assigned to the Choc- taw, Oklahoma & Gulf Railroad Company; and the Chicago, Rock Island & Pacific Railway Company shall within sixty days from this date file with the city its written stipulation executed by its proper officers, binding itself to carry out and perform all of the provisions of the original lease above mentioned between the City of Memphis and the Choctaw & Memphis Railroad Com- pany, which has been legally assigned to the Choctaw, Oklahoma and Gulf Railroad Company. It being the intention of the agree- ment of the parties hereto that the lease or transfer of this lease to the Chicago, Rock Island & Pacific Railway Company shall be made expressly subject to all of the terms and provisions of | the original lease between the City of Memphis and the Choctaw & Memphis Railroad Company (meaning the lease of August 30th, 1899, which has been above set forth), which has been legally as- signed to the Choctaw, Oklahoma & Gulf Railroad Company; and, Whereas, by the contract entered into between the City of Memphis and the Choctaw, Oklahoma & Gulf Railroad Company of March 30th, 1904, and under the third section thereof, it is stipulated as follows: “And whereas, on October 12th, 1900, the City of Memphis granted to the Choctaw & Memphis Railroad Company the right CITY CONTRACTS. 1021 of way for the laying of a railroad track over certain public prop- erty and streets belonging to the City of Memphis”; and Whereas, the Choctaw, Oklahoma & Gulf Railroad Company legally succeeded to all of the rights possessed by the Choctaw & Memphis Railroad Company in this above mentioned right of way, together with all of the property and rights therein; and Whereas, on the 24th day of March, 1904, the Choctaw, Okla- homa & Gulf Railroad Company did transfer, lease and assign to the Chicago, Rock Island & Pacific Railway Company all of its property rights, provisions and terms contained in the said grant of right of way immediately above mentioned of date October 12th, 1900; and Whereas, it is considered for the best interests of the parties to this contract, and for and in consideration of the terms, pro- visions and conditions set forth in the original lease and stipula- tion above mentioned; It is now further agreed and stipulated by and between the City of Memphis, party of the first part, and the Choctaw, Okla- homa & Gulf Railroad Company, party of the second part, that the said lease by the Choctaw, Oklahoma & Gulf Railroad Com- pany to the Chicago, Rock Island & Pacific Railway Company is in all things ratified, affirmed and approved, as fully, and in the same manner as if the permission and consent of the City of Memphis had been given to the Choctaw, Oklahoma & Gulf Rail- road Company to transfer and assign the said above mentioned right of way to the Chicago, Rock Island & Pacific Railway Com- pany before the actual execution of the same upon the hereinafter stipulation and agreement by the Choctaw, Oklahoma & Gulf Railroad Company, viz.: “It is further stipulated and agreed by the Choctaw, Oklahoma & Gulf Railroad Company that this assignment or transfer of this right of way to the Chicago, Rock Island & Pacific Railway Lease to the Seen twomi leat OG Pa. Ry, Co: ratified. 1022 CiTY CONTRACTS. Stipulation to — carry out original lease. Company, which was executed on the 24th day of March, 1904, shall be and has been made expressly Sihice. to. all of the terms and provisions of the original grant of right of way between the City of Memphis and the Choctaw & Memphis Railroad Company of date October 12th, 1900, which has been legally assigned to the Choctaw, Oklahoma & Gulf Railroad Company; and the Chicago, Rock Island & Pacific Railway Compe shall within sixty days from this date file with the City of Memphis. its. written stipulation, executed by the proper officers, binding itself to carry out and perform all of the provisions of the original srant of rignt of way above mentioned, it being the intention of the agreement of the parties hereto that the assignment, lease or transfer of this right of way to the Chicago, Rock Island & Pacific Railway Company shall be made expressly subject to all of the terms and provisions of the original erant of right of way by the City of Memphis to the Choctaw & Memphis Railroad Company, which has been legally assigned to the Ghote Okla- homa & Gulf Railroad Company.” | Said original contract of date March 30th, 1904, between the: City of Memphis and the Choctaw, Oklahoma & Gulf Railroad Company is herewith referred to, and made a part of this stipula- tion just as if it were set out herein in full. Now then, in order to carry out the objects and obligations. of the said above mentioned provisions of the said written con- tract between the City of Memphis and the Choctaw, Oklahoma & Gulf Railroad Company of date March 30th, 1904, the said Chicago, Rock Island & Pacific Railway Company: stipulates and’ agrees to and with the City of Memphis that it will faithfully carry out and perform all of the provisions-thereof, just as if it had been the original lessee in said leases. IN TESTIMONY WHEREOF: The Chicago, Rock Island & Pacific Railway Company has caused this obligation to be exe- cuted in its name by its First Vice President and Assistant Sec- CITY CONTRACTS. retary and has also caused its official seal to be affixed hereto; all done this the 16th day of May, 1904. THE CHICAGO, ROCK ISLAND. & PACIFIC RAILWAY COMPANY, By ROBT. MATHES, First Vice President. (Seal C. R. I. & P. Ry. Co.) Attest: G. T. BOGGE, Assistant Secretary. ARTICLE 98. NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY CO. THIS CONTRACT, entered into this the 10th day of November, 1902, by and between the City of Memphis, party of the first part, and the Nashville, Chattanooga & St. Louis Railway Company, party of the second part; WITNESSETH: That whereas the said second party has filed its petition with the Legislative Council of the City of Memphis praying that it be granted the right to curve a track now laid on Broadway in the City of Memphis in such manner as to connect with the free track across Kansas avenue entering the Adams Compress, and said pétition has been fully considered by the Railroad Committee of the Legislative Council, which committee has recommended the granting of the prayer of said petition and upon the conditions set forth therein, and the rec- ommendations of said committee report have been adopted by the Legislative Council to be evidenced by this written contract; NOW, THEREFORE, The first party hereby gives and grants to the second party the permission and right to so change the 1oca- tion of the track of the second party now laid in Broadway as that the same shall curve from a point between Kentucky avenue and Kansas avenue about one hundred and sixty-five (165) feet west of the west line of Kentucky avenue so that said track may 1023 To connect with free track on Kansas avenue, Change loca- tion of tracks on Broadway. 1024 CITY CONTRACTS. Conditions. City may move oF shift track. Basis of freight charges. connect with the free track across Kansas avenue and entering the Adams Compress, which free track is referred to and de- scribed in the contract between the Springfield & Memphis Rail- road Company and the Taxing District of Shelby County, of date December 5th, 1881, and which was further referred to and described in the resolution of the Legislative Council of the City of Memphis passed September 29th, 1896. The location of the track of the second party as now permitted is indicated by the heavy red line on the map hereto attached, marked Exhibit “A” to N., C. & St. L. petition, and which map is made a part of this contract. But the grant and permission herein made by the first party to the second party are given upon the following conditions, which are conditions precedent: First: The track of the second party now in Broadway cross- ing Florida avenue at a point south of its original roadway, and connecting with the Southern Railway on the west side of Broadway is permitted to exist there solely with the under- standing and upon the condition that the City of Memphis waives none of its rights to this part of Broadway and Florida avenue, but that the city shall have the right to move or order moved or shifted this part of this particular track at any time that the city may desire to do so, and upon the further express stipula- tion and condition that the track at this point as above men- tioned shall be a free track crossing Broadway and Florida avenue at the point mentioned, and any railroad or railroads desiring to use the same shall have the right to do so after first obtaining the consent of the city and paying the pro rata cost of said track. Second: The second party and its successors and assigns shall at all times receive, transport and switch all cars of freight offered by industries, persons, firms or corporations or by other railroads at Memphis upon the same basis of charges upon CITY CONTRACTS. equal and uniform service and without discrimination of any character. Third: The second party shall make no charges for switching freight in car-loads to and from connecting railroads, and to and from warehouses, persons, firms and corporations located on the tracks of said Railway Company within the switch limits of the City of Memphis which comes in or is destined to go out over the tracks of said second party. Fourth: The second party, its successors and assigns shall make no greater charge than $2.00 per car on any loaded car switched within the switch limits of the City of Memphis over the tracks of said second party. Empty cars shall be handled free by said second party. Fifth: Neither the second party nor its successors or assigns shall ever discriminate against the City of Memphis, its mer- chants, shippers or citizens in its freight or passenger rates. It is now expressly agreed that any breach of any one or more of the foregoing conditions and stipulations upon the part of the second party shall work an entire forfeiture of the per- mission and right of the second party, its assigns, or successors, granted hereunder, unless after thirty days notice from the city to the railroad company at the time operating said track, the breach of this contract complained of shall be fully rectified and repaired. Nothing herein contained shall be construed as a grant of any interest in the soil, and no permission or interest shall be acquired by the second party hereunder except what is expressly set forth. The City of Memphis does not warrant that it has the power or the right to make this grant to the second party, and the second party assumes all the risk of such lack of power. 1025 No charge —when. Charges. Discrim- ination. Breach of conditions work for- feiture. Title. 1026 CITY CONTRACTS. . Witness the hands of the parties, the day and year above written. | ixecuted in duplicate. J. J. WILLIAMS, B. R. HENDERSON, JOHN ARMISTEAD, Fire and Police Commissioners. Approved: EK. B. LeMASTER, EK. C. GREEN, A. B. CARRUTHERS. D. GENSBURGER, W. D. MOON, Board of Public Works. NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY. ‘ By J. W. THOMAS, President. (Seal N., C. & St. L. Ry.) Attest: O. H. AMBROSE, Secretary. ARTICLE 29. LOUISVILLE & NASHVILLE RAILROAD CO. Contract between the City of Memphis and the Louisville & Nash- ville Railroad Company, relative to the construction, operation and ownership of tracks in North Memphis. This contract, made and entered into by and between the City of Memphis and the Louisville & Nashville Railroad Company this 24th day of February, 1905, WITNESSETH: , a Franchise. The said City of Memphis, a municipal corporation in the State of Tennessee and County of Shelby, in consideration of the benefits to accrue to the said city and the citizens thereof, and for other considerations expressed hereinafter, and upon the terms and conditions hereinafter expressed, hereby grants to the Louisville & Nashville Railroad Company and its successors, a corporation chartered under and by virtue of the laws of the a: CITY CONTRACTS. State of Kentucky, the rights, franchises and privileges herein- after mentioned. rT It grants to the said Louisville & Nashville Railroad Company and its successors, the right to construct, own and operate for a term of thirty-three years, one track of standard gauge, from a point just east of Main street,. commencing at the track or tracks of the Louisville & Nashville Railroad Company at or near Auction street; thence across Main street and on the property of the City of Memphis known as the north half of Auction Square, which property is now under lease to the said Louisville & Nashville Railroad Company; and thence across Auction street in a southwesterly direction; and thence on private property owned or to be owned by the said Louisville & Nashville Railroad Company, to a point at or near the intersection of Front street and the east and west alley between Auction and Concord streets; and thence on Front street with two tracks of standard gauge with suitable cross-overs or tracks connecting the said tracks, south to the north line of Exchange street. The two tracks on Front street shall be so constructed that the center line of the east track shall not be more than 2114 feet, and the center line of the west track shall not be more than 34 feet from the property line or east line of Front street. The blue print hereto attached shows the tracks in question, and the said Louisville & Nashville Railroad Company and its successors are granted permission to operate engines and cars over and along all said tracks, whether on the streets and property of the city, or the private property referred to hereinabove. III. The said Louisville & Nashville Railroad Company shall handle and place on the said tracks on Front street the cars of all other railroad companies which may be tendered to it, and shall do so without discrimination. For placing loaded cars on such tracks, it shall be paid the sum of $2.00 per car, but shall not charge 1027 Limitation. Track across Main street to Front and on Front to Hxchange Switching charge, 1028 Not to leave cars on track. Coal cars. To pave Front street. To pave Exchauge street CITY CONTRACTS. for returning such cars when empty to the company or Souipanice from which it received them. It shall also receive $2.00 per car for delivering to any company or companies, cars which have been placed on the said Front street tracks to be transported by any other company or companies, but shall not charge for plac- ing empty cars on said tracks on Front street to be there loaded. Ly. No cars are to be stored on these tracks, nor to be placed on them for any other purposes than to be loaded or unloaded, but for such purposes cars may be left on such tracks for a period of forty-eight hours. Vi No cars loaded with coal are to be placed on said tracks for unloading except for direct delivery to persons, companies or corporations owning or using abutting lands, but for such pur- poses cars with coal may be placed on them. VI. The said Louisville & Nashville Railroad Company is to furnish nine feet of four-inch granite to be laid between the rails of the tracks on Front street, and is to take up and stack the old granite necessary to be removed in the laying of the tracks and is to lay and’surface the tracks, and is to furnish the gravel or other ballast for the foundation of the tracks. The city is to furnish the grade for the tracks. It is to place the ballast or foundation for the tracks, but at the expense of the Railroad Company; the object is to enable the city to get satisfactory foundation and drainage. The city is to lay the four-inch granite furnished by the company and is to relay the old granite so as to complete the street, and in return for this service is to have the nine feet of old granite for which the nine feet of four- inch granite is substituted. VII. The Louisville & Nashville Railroad Company is to pave Ex- change street from Front to Second, and is to pave Second CITY CONTRACTS. street from Exchange to Mill street with rock and rock asphalt as per the specifications which have been furnished ‘the said Railroad Company by the City Engineer; the city is to put the said streets to grade, ready for the rock foundations and is to curb the same, and in return for which, the city is to have the material taken from said streets. It is, however, understood and agreed, that should the city elect to do so within ninety days after the signing of this contract, it may substitute for the paving agreed by the said Louisville & Nashville Railroad Com- pany to be done on Second street, an equal amount of yards of paving to be done elsewhere by the said Louisville & Nashville Railroad Company, provided it is to be north of the Louisville & Nashville Railroad Company’s main line and on a street or streets in the vicinity of and leading towards the passenger or freight depot of said company in North Memphis, and providing further, that the said city will pave Second street from Exchange as far north as Auction street. If this substitution should be made, then the said Louisville & Nashville Railroad Company is not to be required to pave Second street from Exchange to Mill, and the paving so substituted is to be done in the same manner and with the same material as provided for above in connection with Second street, and the city is to do such work on the sub- stituted streets as is required of it above in connection with Second street. WLI Ie The said Railroad Company gives its consent for the city to construct an under-pass under its track at Manassas street in the City of Memphis, of the kind and according to the specifica- tions which the City Engineer has indicated, and the city may begin this work at any time, provided, it will give the said Rail- road Company fifteen days written notice. The steel structure to carry the Railroad Company’s track across said under-pass, - is to be built in accordance with the Louisville & Nashville Rail- road Company’s bridge specifications. While the work is being 1029 Second street. Manassas street subway. 1030 Conditions of grant. Grades of streets. CITY CONTRACTS. done, the said Railroad Company will protect its track, and will pay the city the entire cost of constructing the under-pass under its track and for a distance of twenty-five feet from the center of the track on both sides. The said Railroad Company will pay the city on the written orders of the City Engineer as the work progresses and aS may be agreed on by the City Hngineer and the Superintendent of the said Louisville & Nashville Rail- road Company. But as the consent of the Railroad Company for the city to construct an under-pass under its tracks is given at the instance of and at the demand of the city, now in considera- tion of this fact, and the undertaking of the Railroad Company to pay the portion of the expense hereinabove stated, the city agrees and obligates itself to take care of the drainage and to hold the Railroad Company and its successors free from any damage resulting from water, and to refund to the Railroad Company and its successors any amount or amounts it or they may have to pay to others on account thereof, and also to hold harmless and to refund to the said Railroad Company or its successors any amount or amounts it or they may have to pay for damages to abutting or other property owners for damages to the use of same growing out of or in any way incident to the construction of the said under-pass. IX. The rights, franchises and privileges herein granted are sub- ject to the conditions, restrictions and limitations of existing contracts between the City of Memphis and the Louisville & Nashville Railroad Company in reference to discriminations in freight and passenger rates, switching of cars and switching charges within the switch limits of Memphis, which it is under- stood includes the Louisville & Nashville Binghamton Belt Line. X. The city is to furnish the grades of the streets on which the tracks are to be constructed and the tracks are to be made to CITY CONTRACTS. conform to such grades. The rails of the tracks are to be laid as nearly as practicable with the level of the street, so as not needlessly to interfere with the passage of the water and vehicles over them. And should it become necessary for the city to change the grade of the streets on which the tracks are laid, the Railroad Company will, at its expense, make its tracks conform to such new grade,:and will keep the four feet and eight inches space between the rails of the tracks and for two feet on both sides of said rails in good condition and repair, and paved with the material used by the city on the portions of the streets adjacent to the tracks. Day It is understood that the city does not grant away, but ex- pressly reserves all of its police powers in and over and in respect to the grant of premises, and also its general power of legislation therein and over same, nor does it grant any other interest in the said premises except as herein expressly provided, nor any privileges except those herein enumerated, and those only upon the conditions and with the limitations herein pre- scribed and set forth; that it does not convey any interest in the soil on which the tracks are laid further than the right to con- struct the tracks and operate engines and cars on and over them; that the rights, franchises and privileges herein granted are without warranty and conveyed only so far as the city may have the right or power under its charter and legislative enactments to do so; that the city shall not be held for damages incident to the construction or operation of the tracks, but the Railroad Company agrees and obligates itself to stand between the city and such damages and will pay the city any amount it may have to pay under judgments, provided, the city will give the said company proper notice of any suits that may be brought against it, and will give the said Railroad Company the right to control said suits. It is the intent and meaning and purpose of this contract to grant to the Railroad Company only such 1031 Police pow- ers reserved. City not liable for damages in- cident to construction or operation. 1032 Limitation of work. Breach of conditions works for- feiture. CITY CONTRACTS. rights and title to the said premises as the city has thereto and power and authority to grant, and the Railroad Company acquires and accepts just such rights to use the granted premises and to exercise the privileges granted as the city has the right, power and authority to grant, and none other. ORI: The Railroad Company shall have six months after the accept- ance of this contract within which to construct the tracks herein provided for, and six months after the city makes its elect:on as to where the paving shall be done by the Louisville & Nash- ville Railroad Company, within which to do the paving. It is understood, however, that if the company shall be delayed in the construction of its tracks or in doing the paving specified, by litigation, or if it should be delayed by failure of the city to comply with its part of this contract, then such time is not to be charged to said Railroad Company. XLT, A breach of any of the material requirements of this contrast by the said Louisville & Nashville Railroad Company shall be ipso facto a termination of this contract, and the rights and privileges granted under it at the option of the City of Memphis, unless in thirty days after Sie notice to the said Railroad Company by the city, the breach complained of shall be rectified by the said Railroad Company. / XIV. The said Railroad Company shall have thirty days after the execution of this contract by the city, within which to file its written acceptance, and when this is done, the contract shall in every respect be binding on the city and the Railroad Company. CITY CONTRACTS. 1033 This contract is executed in duplicate, and the corporate seals attached in testimony of all the above. J. J. WILLIAMS, JNO. T. WALSH, B. R. HENDERSON, Board of Fire and Police Commissioners. THOS. DIES, A. B. CARRUTHERS, GEO. C. LOVE, EK. B. LEMASTER, G. M. TIDWELL, W. D. MOON, D. GENSBURGER, WM. BERGSCHICKER, Supervisors of Public Works. (Seal City of Memphis. ) Attest: W. B. ARMOUR, City Secretary. (Seal L. & N. R. R.) ; LOUISVILLE & NASHVILLE R. R. CO. By M. H. SMITH, President. Attest: J. H. ELLIS, Secretary. ACCEPTANCE. The Louisville & Nashville Railroad Company hereby accepts the contract bearing date the 24th day of February, 1905, between the City of Memphis and the said company relative to the construction, operation and ownership of tracks in North Memphis, and accepts and assents to all the terms and conditions of said contract, and agrees to be bound thereby. In witness whereof, the said Louisville & Nashville Railroad Company has caused its corporate name to be signed hereto by its Fourth: Vice President and its corporate seal affixed hereto, attested by its Assistant Secretary, this 23rd day of March, 1905. LOUISVILLE & NASHVILLE RAILROAD COMPANY, By G. E. EVANS, Fourth Vice President. (Seal) Attest: W. H. BRUCE, Assistant Secretary. 1034 25 years franchise. To string and maintain wires. CITY CONTRACTS. ARTICLE 100. TENNESSEE DISTRICT TELEGRAPH CO. This contract, entered into this 10th day of September, 1903, between the City of Memphis, Tennessee, a municipal corpora- tion, party of the first part, and the Tennessee District Telegraph Company, a corporation created under the lawa of Tennessee, party of the second part, WITNESSETH: That for and in consideration of the benefits to accrue to the citizens of Memphis, and for the sum of one ($1.00) dollar cash in hand paid to the said city by the party of the second part, the receipt of which is hereby acknowledged, the said City of Memphis does hereby grant to the said Tennessee District Telegraph Company the right and privilege, for the term of twenty-five (25) years from and after the date hereof, of using the streets and alleys of the City of Memphis, as its boundaries now are, or may hereafter be established, for the purpose of constructing conduits in, and placing poles or posts on, said streets and alleys, to be used alone for containing, and holding or supporting wires, or other electrical apparatus, for the maintenance of a system of signal, burglar, fire-alarm, messenger and telegraphic service, to be established by the said Tennessee District Telegraph Company, with the right to string and maintain such wires as may be necessary in the transaction of ie business by said company, either in conduit constructed by itself, or in the conduits of others, and upon poles erected by itself, or by others; which grant of the privilege herein to the said Tennessee District Telegraph Company by the said City of Memphis, is subject to the following conditions, limitations and restrictions, and expressly subject to which the said second party takes and holds all of its rights hereunder, to-wit: _ First. That. the said second party shall put up, install and maintain only a first-class, modern system, constructed in the most approved manner, and to consist of the most modern ap- CITY CONTRACTS. paratus; said system, with its poles, wires and apparatus to be established, erected and constructed under the supervision and direction of the Chief of the Fire Department of the City of Memphis, and to be completed in such a manner as to meet with his entire satisfaction. The approval of the said system by the said Chief to be a condition precedent to the exercise of the rignts and privileges herein granted. Second. The said second party shall, and does hereby accept,’ as a part of this contract, all the terms, conditions and require- ments of the conduit ordinance passed on November 8, 1900; and the said terms, conditions and requirements of the said ordinance, which is here referred to as it appears upon page 522 of the Digest of the Ordinances of the City of Memphis, are as much a part of this contract as if they were herein specifi- cally set out. And in the conduit district, as it is now, or may hereafter be prescribed, the said second party, as is provided in said ordinance, shall place all of its wires underground; that, when practicable, in the opinion of the Chief of the Fire Depart- ment of the City of Memphis, the second party shall place its wires in the conduits already constructed by other wire-using companies. Third. Whenever, in the opinion of the Chief of the Fire Department, it is practicable, the second party shall use for supporting its wires outside of the conduit district, such pole or poles of any other wire-using companies as is or are already erected, after first having had the consent of the Legislative Council of the City of Memphis to lease or rent said pole or poles of such other company or companies. Fourth. The second party does hereby agree to all of the terms and conditions of the pole rental ordinance passed on Feb- ruary 25, 1902, as set out in said ordinance on page 947 of the Digest of the Ordinances of the City of Memphis here referred to, and declared to be a part of this contract; and the said 1035 Apparatus established under direc- tion of Chief of Fire De- partment. Accepts con- duit or- dinance. To use poles of other companies. Agrees to pole rental ordinance. 1036 Top of poles reserved for city. CITY CONTRACTS. second party does hereby recognize, as a binding and legal obli- gation upon it to the City of Memphis, all of the terms and con- ditions as therein set out; and the pole rental therein provided for, and the terms and conditions therein set out, are a part of the consideration for the grant of the rights and privileges herein; and the said second party does hereby agree to pay to the City of Memphis the pole rental therein provided for—three ($3.00) dollars per annum for each pole used by it—without regard to any judgment that may be rendered in any suit that may now be pending between any wire-using company and the said city, or any suit that may hereafter be instituted; said pole rental to be paid the city by the second party from the date said second party may erect, lease, rent or use such pole or poles. In the event said pole rental is paid by others, then the said second party shall not be required to pay any additional pole rental to the said city; but in the event said pole rental ‘is not paid by the company or companies from which the said second party rents or leases the use of said poles, and remains unpaid for thirty (30) days after written demand for the same by the city, then, from the date of such agreement to rent or lease, or, from the beginning of the use of such poles by the said second party, the said second party does hereby agree to pay to the City of Memphis the pole rental provided for in said ordinance, viz: Three ($3.00) dollars per pole per annum, which pole rental, it is agreed, shall apply to all poles used by said company in said city, whether they be upon streets, alleys, cublic or private property, or upon the rights-of-ways of railroads. Fifth. Three (3) feet on the top of all poles erected by the second party shall be reserved for the use of the fire and police wires of the city, free of charge; all such poles to be provided with cross-arms for city wires, under the direction of the Chief of the Fire Department of the said city, and at the expense of said second party. CITY CONTRACTS. Sixth. That the second party shall, when it erects poles or constructs conduits, replace the earth, pavement or sidewalk that may have been removed, in a good manner, and in all respects cause conditions to be the same as they were before the erection of its poles, or construction of its conduits, and to the entire satisfaction of the first party and its Engineer. Seventh. All poles shall be set, conduits constructed and wires strung or attached by said second party in such a manner as 1037 To replace streets in condition. Wires not to interfere with other wires, etc. not to interfere with the poles, conduits or wires of any other - wire-using company, and in such manner as not to interfere with the Fire Department in any way; all poles set, conduits con- structed and wires strung or attached, and all work—both of construction and maintenance by said second party, shall be done in such manner as not to interfere with or injure any public or private property, or the public service, in any way, and shall be subject to the approval of the Chief of the Fire Department and the City Engineer of the first party. Highth. It is further agreed that, in the conduits put in by the second party, there shall be reserved one duct of ample size for wires now or hereafter: owned by the city, for the use ot its Fire and Police Departments, and said duct shall be used by the city free of cost or rent. Ninth. Before constructing, leasing, renting or using any conduits, or before erecting, renting or leasing any pole or poles from other wire-using companies the consent of in the city, the city, obtained in the usual way, shall first be had by the said Tennessee District Telegraph Company. Tenth. It is further agreed that the Tennessee District Tele- graph Company, its successors and assigns, shall, at all times indemnify and save harmless the City of Memphis against any and all damages, claims, costs and expenses which said city may suffer, or any judgment that may be recovered from or One duct in conduit for city. Secure per- mits for work, Save city from damages. 1038 Police pow- ers reserved. To furnish service. Charges limited. CITY CONTRACTS. against the said city by reason of the grant of said privileges and authority, or directly or indirectly grow out of the eau of such privileges, or the exercise thereof, by the said Tennessee District Telegraph Company, its successors or assigns. A fail- ure to comply with this portion of this agreement for ninety days after final judgment rendered against said city, and after written notice duly given said company by said city, operates as a forfeiture of the privileges herein granted. Eleventh. It is also understood that the city does not grant away any of its police powers in any respect to or over the streets or alleys, nor any of its general powers to control or regulate the same, nor does it grant any interest in the soil, but only the privileges Herein specially enumerated, and only upon the conditions, limitations and restrictions prescribed in this contract. Twelfth. And in consideration of the grant of the above rights and privileges, the second party, or its assigns, shall furnish signal, burglar, fire-alarm, messenger and telegraph service to persons desiring to subscribe for the same; and the charges to subscribers for the furnishing of such service, through such apparatus as may be necessary, shall not exceed the following rates per month, to-wit: For first apparatus or box, two ($2.00) dollars per month; second apparatus or box, one ($1.00) dollar per month, and for each additional apparatus or box, fifty (50) cents per month, said charges (not to exceed the amounts above stated), shall be uniform, and there shall be no discrimination-in the charges to its various subscribers by said Tennessee District Telegraph Company; and no subscriber or patron of said company shall be legally liable for service rendered him, for any amount in excess of the charge to any other subscriber or patron, for a similar service. CITY CONTRACTS. Thirteenth. It is expressly understood and agreed that the rights and privileges herein granted, are not transferable by the second party, except upon consent of the Legislative Council of the City of Memphis; and a complete and continuing compli- ance by the said second party with all of the terms and pro- visions herein set out, is hereby agreed to be a condition prece- dent to the continuance of said rights and privileges; and a non- compliance with the said terms and provisions, either directly or indirectly, or through subterfuge, shall immediately operate as a forfeiture of all the rights and privileges the said second 1039, Rights not transferable except on city’s consent. party has acquired hereunder, and this contract shall become null and void. Fourteenth. It is expressly understood and agreed by the second party, that the setting up herein of any of the provisions of any ordinance referred to, and declared to be a part of this contract, shall not be construed to mean the waiving of any of the other provisions set out in said ordinance; but that all other provisions in said ordinance are as much a part of this contract as if specifically set out, and notwithstanding the ex- pression herein of some of their provisions. Witness the hands of the said parties the day and year above written. TENNESSEE DISTRICT TELEGRAPH COMPANY, By GEO. H. FEARONS, General Agent. J. J. WILLIAMS B. R. HENDERSON, JOHN ARMISTEAD, Board of Fire and Police Commissioners. Approved: WM. LACROIX, W. D. MOON, A. B. CARRUTHERS, ED F. GRACE, D. GENSBURGER, E. C. GREEN, BK. B. LEMASTER, Board of Public Works. 1040 Preamble. CITY CONTRACTS. RATIFICATION. TENNESSEE DISTRICT TELEGRAPH CO. GENERAL OFFICES WESTERN UNION BUILDING, NEW YORK. Extract from the minutes of the Executive Committee of the Tennessee District Telegraph Company meeting held March 16, 1903: “On motion duly made and seconded and by the unanimous vote of all present it was resolved that George H. Fearons, of 195 Broadway, New York city, New York, be and hereby is, appointed and confirmed, and his acts in this company’s behalf authorized, ratified and approved, as General Agent in Sienine this company’s name and executing in its behalf all contracts, bonds, appeal bonds in litigations, cases and licenses, tax returns, affidavits, pleadings and like documents.” A true and correct copy from the minutes. (Signed) J. C. WILLEVER, Secretary. (Seal of Tenn. Dist. Tel. Co., Incorporated 1902.) ARTICLE 101. CUMBERLAND TELEPHONE & TELEGRAPH CO. Whereas, for the recovery of certain pole rental provided for, under an ordinance of the City of Memphis, passed on February 25, 1902, a suit was instituted by the City of Memphis against the Cumberland Telephone & Telegraph Company, on June 25th, 1902, in the Chancery Court of Shelby County, which was re- moved to and is now pending in the United States Circuit Court; and, Whereas, the said City of Memphis and the said Cumberland Telephone & Telegraph Company desire to compromise and settle said suit, . It is now stipulated, and agreed between the said parties that in consideration of the agreements and undertakings by CITY CONTRACTS. the said Cumberland Telephone & Telegraph Company, herein- after set out, the said City of Memphis, after the payment of all court costs by the said Telephone Company, hereby orders said suit to be dismissed. In compromising and dismissing said suit, however, the said city does not surrender any right that it may have to collect a pole rental from said Telephone Com- pany, except for the years 1902 to 1903. For any year or years after 1903, the right of the city to collect a pole rental from said company remains unchanged and unprejudiced by this agreement in compromise of the pending suit, and whatever rights, if any, the said Telephone Company may have in defense of any suits brought for such rental are also unprejudiced by this agreement. The several undertakings and agreements of the said Cumber- land Telephone & Telegraph Company with the said City of Memphis, which are the considerations for the dismissal of the said suit, are as follows: First. The said Cumberland Telephone & Telegraph Company in the exercise of any rights that it may have shall not charge for its services as a telephone company an amount which shall exceed an average per station of one ($1.00) dollar per week, until the number of stations connected with the exchange of said company shall exceed seven thousand, when the limitation upon charges fixed in this contract shall cease. Second. The said Telephone Company shall furnish free, for the use of the Police and Fire Alarm wires of the said city, one duct in its present underground system, and such additional system as it may construct from time to time, together with necessary and proper space in the various man-holes, for the use of the city wires. Said Telephone Company shall also furnish free, for the use of the police and fire alarm wires of the city, space upon all of its poles now or hereafter erected, and shall erect up-rights and cross-arms of such reasonable dimensions 1041 Suit for pole rental to be dis- missed. Right to col- lect rental after 1903 reserved. Conditions. Charge for service. One duct furnished city free and space on poles for fire alarm wires, etc. 1042 Circuit in fire engine houses. Free tele- phone service to city. Obligations continuous. CITY CONTRACTS. and construction as the city may direct, upon the top of its poles, for the placing of said city wires; but the city’s wires shall be so placed as not to interfere with the wires of said Telephone Company. Third. The said Telephone Company shall erect and establish a ringing circuit, and furnish bells and generators for the same, in all of the fire engine houses now used, or hereafter to be acquired and used by the city. Said Telephone Company shall also establish and erect a twelve drop switchboard for the police station of said city, and extension lines for eight desk sets in the police station of said city. Fourth. Said Telephone Company shall furnish telephones free of charge to the following city institutions and offices, viz: City Secretary’s office, Mayor’s office, Board of Health, two (2) Crematories, Engineer’s office, two (2) City Stables, Hospital, Board of Education, and the same service to Public School ‘Buildings as now rendered. Fifth. The performance of the things herein above specified shall be a continuing obligation upon said Telephone Company, its successors and assigns, so long as it may exercise any rights that it may have to do a telephone business in the City of Memphis. In witness whereof the said City of Memphis, and the said Cumberland Telephone & Telegraph Company, through their proper officers, have hereto signed their names and set their seals this 16th day of July, 1903. J. J. WILLIAMS, B. R. HENDERSON, Fire and Police Commissioners. EK. B. LEMASTER, WM. LACROIX, W. D. MOON, EK. C. GREEN, A. B. CARRUTHERS, D. GENSBURGER, Board of Public Works. CUMBERLAND TELEPHONE & TELEGRAPH CO. Pr. JAMES E. CALDWELL, President. (Seal C. T.-& T. Co.) Attest: ROLAND HUME, Secretary. CITY CONTRACTS. 1043 ARTICLE 102. SOUTHERN RAILWAY CO. ET. AL. (In Re “Elmwood Cemetery Bridge.’’) This contract and agreement, made and entered into this the 31st day of December, 1904, by and between the City of Memphis, a municipal corporation under the laws of Tennessee, herein- after for convenience called the city, party of the first part; and Southern Railway Company, St. Louis & San Francisco Railroad Company, Kansas City, Memphis & Birmingham Railroad Com- pany, Union Railway Company, and Nashville, Chattanooga & St. Louis Railway, all duly incorporated, hereinafter for con- venience called the Railroad Companies, parties of the second part, WITNESSETH: That whereas a controversy has arisen between the city on the one side, and said Railroad Companies on the other, relative to the respective duties and obligations imposed upon each in reference to the construction of a new bridge over the rights-of- way of said Railroad Companies, at the crossing of Dunlap street into the North gate of Elmwood cemetery, in the City of Mem- phis, Shelby County, Tennessee, and certain litigation is now pending in the Chancery Court of Shelby County in reference thereto; and, Whereas, all matters of difference in reference to the construc- tion and future maintenance of said bridge has, after a full con- ference between all of said parties, been amicably adjusted and - settled, and it is desired to reduce the terms of said settlement to writing; now, therefore, In consideration of the premises, it is severally agreed as follows: First. The city will, as promptly as can reasonably be done, construct a new bridge at said point on plans substantially as heretofore submitted to Railroad Companies by the City En- gineer. The work of construction of said bridge is to be done Preamble. Build bridge over tracks lading into Elmwood Cemetery. 1044 Clearance of bridge. Cost of bridge ap- portioned. CITY CONTRACTS. wholly by the city, and under the supervision of the City En- gineer. The city is to assume, and hereby does assume, responsi- — bility for the entire construction of said bridge and its stability, at a cost not to exceed the sum of fifteen thousand ($15,000.00) dollars. Second. Said bridge is to be constructed on the plans here- tofore submitted by the City Engineer, with a clearance of twenty-one (21) feet over the rights-of-way of the St. Louis & San Francisco Railroad Company and the Kansas City, Mem- phis & Birmingham Railroad Company, and of the Southern Railway Company, the same being the center fifty (50) feet of Broadway, and the heights over the remaining rights-of-way on the north and south sides of Broadway shall be increased about one (1) foot and six (6) inches over the elevations shown on the present plans, so as to increase the elevation over the rights- of-way owned by the Union Railway Company on the south and the rights-of-way owned by the city and the Nashville, Chat- tanooga & St. Louis Railway Company on the north, one (1) foot and six (6) inches over the elevation shown on the present plan. Third. The north twelve and one-half (1212) feet of Broad- way (which is estimated to be one hundred feet wide) belongs to the City of Memphis. The several railroad companies, parties hereto, agree in the first instance to contribute to the City of Memphis the total cost of the bridge to be constructed hereunder, not to exceed fifteen thousand ($15,000.00) dollars, in the pro- portion of two-sevenths (2-7) to the Union Railway Company, two-sevenths (2-7) to the Kansas City, Memphis & Birmingham Railroad Company and the St. Louis & San Francisco Railroad Company jointly, two-sevenths (2-7) to the Southern Railway Company, and one-seventh (1-7) to the Nashville, Chattanooga & St. Louis Railway; upon the distinct understanding and con- dition, however, that the city agrees ultimately to pay its proper CITY CONTRACTS. pro rata of the total cost of such construction, said pro rata 1045 being one-eighth (1-8) of the total. This one-eighth (1-8) of the ~ total cost so to be contributed by the several railroad companies is to be charged to the city’s right-of-way, and is to be paid to the several railroad companies in the proportions stated by any vailroad company or other corporation hereinafter occupying the right-of-way owned by the city on the north side of Broad- way, whenever said city shall grant the right to use the same to any such railroad or other corporation, and the repayment of this one-eighth (1-8) of the total cost by such company, with interest thereon at six per cent from date, shall be made a condition precedent to the granting of any such right or franchise by the city. Fourth. Paragraph 2 above shows that in order to secure the necessary clearance of twenty-one (21) feet over the rights-of- way on the north and south sides of Broadway, it may be neces- sary to do extra concrete or stone work for the protection of the tracks and embankments of the several railroad companies. If such becomes necessary, the cost of such extra concrete or stone work as may be necessary is to be borne by the parties hereto in the proportions stated in paragraph 3. Fifth. The City of Memphis will furnish the necessary right- of-way for the abutments of and the necessary approaches to the bridge to be constructed hereunder, free of any expense or liability to the railroad companies therefor. Sixth. The city will pass, by its Legislative Council, such ordinance or ordinances. and will execute such contracts as may be necessary to carry this contract and agreement into effect, and so that the said bridge may be lawfully constructed, and will, in like manner, by proper action of its Legislative Council, pass all necessary ordinances establishing a legal grdde for the bridge at the elevation hereinabove indicated. Extra con- crete work. Approaches to the bridge. Grade of Dun- lap street. 1046 Bridge—how maintained. To dismiss litigation. CITY CONTRACTS. Seventh. The bridge shall, in future, be maintained by the City of Memphis, the cost of ordinary repairs thereof to be paid by said city, and said railroad companies will contribute to said expense in the proportion of two-eighths (2-8) to the Union Rail- way Company, two-eighths (2-8) to the Kansas City, Memphis & Birmingham and St. Louis & San Francisco Railroad Company iointly, two-eighths (2-8) to the Southern Railway Company, and one-eighth (1-8) to the Nashville, Chattanooga & St. Louis Rail- way Company, the city agreeing to pay the remaining one-eighth (1-8) of the cost of such repair. But it is understood and agreed that if costly or expensive repairs or betterments shall here- after become necessary, the same shall only be done by the city under the supervision of the City Engineer, upon the approval and with the consent of the. engineers of the railroad companies. Highth. The litigation now pending in the courts of Shelby County shall be dismissed by the complainants therein, respec- tively, at the cost of the complainant in each case. This contract is executed in six (6) parts by all of the parties hereto, each one of which shall be considered as an original. In witness whereof the said City of Memphis, pursuant to due authority given by its Legislative Council, has caused this con- tract to be signed by its Mayor and Legislative Council, and the seal of the corporation attached hereto; and said railroad com- panies respectively have caused these presents to be signed by the President and attested by the Secretary of each corporation, ‘respectively, and the seal of the same to be atached hereto, this the day and year above written. CITY OF MEMPHIS, By J. J. WILLIAMS. B. R. HENDERSON, JOHN T. WALSH, Board of Police and Fire Commissioners. E. B. LEMASTER, THOS. DIES, CITY CONTRACTS. D. GENSBURGER, A. B. CARRUTHERS, G. M. TIDWELL, WM. BERGSCHICKER, GEO. C. LOVE, W. D. MOON, Board of Public Works. UNION RAILWAY CO. By H. HE. FLEMMING, President. Attest: J. W. CANADA, Sec. Union Ry. Co. (Seal U. Ry. Co.) ST. LOUIS & SAN FRANCISCO RAILROAD COMPANY, By C. R. GRAY, Second Vice-President. KANSAS CITY, MEMPHIS & BIRMINGHAM RAILROAD CO. By A. J. DAVIDSON, President. J. E. EGAN, Atty. NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY, By J. M. THOMAS, JR., General Manager. SOUTHERN RAILWAY COMPANY, By AILENT, Fourth Vice-President. ARTICLE 103. N. C. & ST. L. R. R. AND THE BERLIN COAL CO. This contract, made and entered into this, lst day of June, 1903, by and between the City of Memphis, Tennessee, a munici- pal corporation, party of the first part; the Nashville, Chat- tanooga & St. Louis Railway Company, a corporation created under the laws of the State of Tennessee, party of the second part, and W. T. Ch Berlin, doing business under the name of the Berlin Coal Company, a citizen of Shelby County, Tennessee, party of the third part, WITNESSETH: 1047 1048 CITY CONTRACTS. Preamble. That whereas the said third party has petitioned the said first party for the privilege of having said second party granted the right to run a switch track into the coal yard of the third party, located on the northeast corner of Broadway and Orleans streets in the City of Memphis; and, Whereas, on May 29th, 1903, the Legislative Council of the first party granted said petition of the third party, upon the fol- lowing considerations, conditions and restrictions, hereinafter set forth, all of which are to be embodied in this contract; Switch on. Now, therefore, in consideration of the premises, and the sev- Broadway into Ce ear eral undertakings and promises, and one dollar to it in hand paid, the said first party hereby grants to the said second party, subject to the will and pleasure of the Legislative Council of the said first party, the right to build and maintain a switch track from its main track at a point about two hundred and fifty (250) feet east of Orleans street, and running thence from said point in a northwesterly direction across the city’s property lying along the north line of Broadway, into the coal yard of the third party; the said switch track to be built from the point and in the direction as shown upon the plat hereto attached and made a part of this contract. Conditions. The grant of the privilege herein is subject to the following conditions, restrictions and reservations, and expressly subject to which the said second and third parties take and hold all of their rights hereunder, to-wit: First. Neither the second party nor the third party shall have any rights or privileges on the twelve and one-half (1214) feet of land lying between the north line of Broadway and the Nashville, Chattanooga & St. Louis Railway Company, belonging to the City of Memphis, other than the right of said second party to construct and maintain the said switch track, as above described, and the right of said second and third parties to use said switch track for the purposes of the present business of CITY CONTRACTS. the said third party, and the use of so much of this strip of twelve and one-half (121%4) feet of land in this manner, shall be subject to, and only during the will and pleasure of the Legislative Council of the first party, and before the grant of this privilege shall become effective, the third party shall cause to be removed any fences or obstructions on this twelve and one-half (1214) feet of land belonging to the city, that may be used by him, or that may have been placed thereon by him or the owner, or any previous owner or owners of the property now used by him as a coal yard. , Second. The construction of said track shall be under the supervision of and subject to the approval of the City Engineer. In witness whereof the parties have hereunto affixed their signatures, this lst day of June, 1903. J. J. WILLIAMS, B. R. HENDERSON, Fire and Police Commissioners. Approved: ED F. GRACE, E. C. GREEN, HH. -DITTY, A. B. CARRUTHERS, W. D. MOON, WM. LACROIX, E. B. LEMASTER, D. GENSBURGER, Supervisors of Public Works. NASHVILLE, CHATTANOOGA & ST. LOUIS RY. By JNO. M. THOMAS, JR., General Manager. — Witness: R. F. HANOVER. BERLIN COAL CO. W. T. C. BLRLIN. 1049 1050 Preamble. Asphalt on certain streets. CITY CONTRACTS. ARTICLE 104. MEMPHIS ASPHALT & PAVING CO. This agreement, made this the 25th day of October, 1902, by and between the Memphis Asphalt & Paving Company, a corpora- tion created and existing under the laws of the State of Ten- nessee, party of the first part, and the City of Memphis, a munici- pal corporation, party of the second part, WITNESSETH: That whereas, on July 29th, 1902, the City of Memphis adver- tised, inviting proposals for laying asphalt pavements within the limits of said city, a full and true copy of which advertisement is hereto attached and made a part hereof, and marked “Exhibit A. 5 and, Whereas, in accordance with said advertisement, the first party duly filed its written bids offering to lay such asphalt pavements, one of said bids providing for a five years guaranty upon such work and the other providing for a ten years’ guaranty is hereto attached and made a part of this contract, and marked “Ex- hibit B;* And, whereas, the Legislative Council of the City of Memphis determined to require a ten years’ guaranty of the work to be done, upon the full consideration of the bids filed, it was voted and determined to award to the first party the contract for doing two-thirds (2-3) of the total amount of the work adver- tised for as aforesaid; and, whereas, in the advertisement afore- said, certain specifications and requirements were referred to which shouid be the basis upon which such bids were made and the work should be ene: said specifications are hereby attached and made a part hereof and marked Exhibit ‘‘C.” Now, therefore, in consideration of the premises, and of the payments and covenants herein mentioned to be made and per- formed by the second party, ‘the first party hereby covenants and agrees to perform for the second party the following work, namely: To lay pavements of sheet asphalt over two-thirds CITY CONTRACTS. (2-3) of the total surface of the parts of streets mentioned and set forth in the thirteenth clause of the general specifications herein mentioned, said two-thirds of the area of said streets to be designated by the Fire and Police Commissioners of the City of Memphis, the second party reserving the right to assign or designate all or any fractional part of the streets of said city as set forth in said thirteenth clause of said specifications, the total area, however, to aggregate two-thirds of the whole area named in said thirteenth clause. The said first party of the first part further covenants and agrees, for the consideration herein- after stated, to furnish all the work required to be done, and all material necessary, in strict accordance with the terms of the advertisement, specifications and bids above mentioned and made Exhibits A, B and C to this contract, and made a part hereof. And the first party further covenants and agrees to commence the work embraced in the agreement or contract on or before the 31st day of December, 1902, and to prosecute the same in such manner and with such force of men and teams as will insure and effect the full and entire completion of all the work on or before the 31st day of July, 1903. For and in consideration of the faithful performance of all the stipulations and conditions of the foregoing agreement by the party of the first part, the party of the second part covenants and agrees to pay to the party of the first part, in accordance with its bid, the following compensation, to-wit: The sum of one dollar and forty-eight cents ($1.48) per square yard of street surface paved with said sheet asphalt as aforesaid. It is, however, expressly understood and agreed that the price herein stipulated for is to be paid on the basis of final and accurate measurement of the work embraced in this agreement. It is further understood and agreed that the specifications of the work and material embraced in this contract at the date of its execution, as shown by plans embraced and specifications, may be changed by consent of both parties hereto, and that no subsequent diminution or increase 1051 Cost. Specifications. 1052 CITY CONTRACTS. in the amount of the work that may arise, either from error in the original estimate or from any changes which the City Engineer and Board of Fire and Police Commissioners may make in the plan of the work, shall entitle the first party to any allow- ance whatever beyond a final measurement of the actual work done in accordance with the specifications from notes and meas- urements of any by the City Engineer to be made after the final completion of the work. It is further agreed and stipulated by and between the parties that, should the city desire to lay asphalt upon a greater number of blocks of any street named in the specifications above referred to, in addition to the part of the blocks named and indicated in said. specifications, the party of the first part will, at the request of the city, lay asphalt upon such additional blocks, not, however, to exceed five (5). addi- tional blocks upon any one street, and all of the terms of this contract, together with the guaranty and bond hereinafter re- ferred to, shall cover such additional blocks as fully as if the same had been described and set forth in the original specifica- tions. Nor shall such change or changes affect the liabilities of the bond to be given by the first party for the faithful per- formance of this contract. On or about the first day of every month. during the progress of the work, an estimate shall be | made of the approximate value of the work done, to be judged. by the City Engineer, and, upon his certificate of the amount, approved by the Mayor and the Fire and Police Commissioners, eighty-five per cent. (85%) of the amount of said estimate shall be paid to the party of the first part, provided the anioue due under said estimate to the first party shall be more than one thousand dollars. And when each street embraced in this con- tract is completed agreeably to the specifications, advertisement and bid aforesaid, and in accordance with the directions, and to the satisfaction and acceptance of the City Engineer, there shall be a final estimate made of the quality, character and value of said work agreeably to the terms of this contract, when CITY CONTRACTS. the balance appearing due to the first party shall be paid to such first party. And it is further understood and agreed that the work embraced in the contract shall be commenced as aforesaid on or before the 31st day of December, 1902, and prosecuted with such force and material as the City Engineer may aeem adequate to its completion within the time above specified, and if at any time the first party shall refuse or neglect to prose- cute the work as above provided, then, and in that case, the City Engineer, with the approval of the Board of Fire and Police Commissioners, may employ such number of workmen, laborers and overseers, and purchase such material as may, in his opinion, be necessary to insure and effect the completion of the work within the time hereinbefore limited at such wages and prices as he may find it necessary to give, pay all persons and for all material so employed and bought, and charge the amount so paid to the first party, as so much money to said first party on this contract. Or the City Engineer may, with the approval of the Legislative Council, and at their option for failure to prosecute the work with adequate force and material, or for any other omission or neglect of the requirements of this agreement on the part of the party of the first part, declare this contract for- feited, which declaration of forfeiture shall exonerate the second party from any and all obligations arising under this contract, the same as though this agreement had never been made, and any amount or amounts reserved upon any work done by the first party under this contract may be retained forever by the second party, whether the default shall have occurred in respect to that particular part of the work or not. It is also further un- derstood and agreed that in case the party of the first part fail or refuse to complete the work undertaken under this contract within the time herein designated for the completion of the same, for every day beyond such day of completion fixed herein that he so fail he shall pay the party of the second part as liqui- dated damages the sum of fifty dollars per day, which the first 1053 1054 Ten years’ maintenance. CITY CONTRACTS. party agrees shall be deducted from the amount agreed herein to be paid to him by the party of the second part. It is also distinctly understood and agreed by and between the parties hereto that this contract is entered into subject to the right of the Mayor, Board of Fire and Police Commissioners and City Engineer to suspend such work for any failure on the part of the party of the first part, and that such suspension shall not affect the right of the City of Memphis to any damages or pen- alties incident to such failure. And it is mutually aeieea and understood that the decision of the City Engineer shall be final and conclusive in any disputes which may arise between the parties to this agreement relative to or touching the same, as to any questions that may arise regarding the character and quality of material and work, the estimates of monthly payments and measurements for final payments, and as to any other mat- ters or questions arising hereunder that should and Cae to be determined by any engineer. The foundation to be made of gravel as provided in the specifications and furnished by the party of the second part, shall be laid subject to the approval of the party of the first part. When the first party lays asphalt upon a gravel foundation furnished by the second party it shall be conclusive upon the first party that such gravel foundation is good, suitable and sufficient. The party of the first part is to give bond with sureties to be accepted by the Fire and Police Commissioners, in the penalty of twenty thousand dollars ($20,- 000.00), conditioned for the full and faithful performance on its part of all the terms and provisions of this contract, and this contract shall not take effect until said bond shall be given and accepted. Said bond shall contain the express provision obligating the principal and sureties upon said bond to maintain and keep in good order and perfect condition during a period of ten years, beginning with the completion of said work, all of the work under this contract, and such maintenance shall be done promptly and in strict accordance with the requirements CITY CONTRACTS. 1055 of the specifications above set forth. It is further agreed that the party of the second part shall not permit any part or portion of any street upon which asphalt is laid by the party of the first part to be cut into or disturbed by any person, firm or cor- poration, unless such person, firm or corporation shall have made a written contract with the party of the first part to repair the foundation and relay the asphalt so as to preserve the condition of the street, provided the price charged by the first party for such work be reasonable, and, in case of a disagreement, the City Engineer shall determine what is a reasonable price for such work. Executed in duplicate this the 25th day of October, 1902. (Seal M. A. & P. Co.) MEMPHIS ASPHALT & PAVING CO., By S. T. CARNES, President. W. E. McGEHEE, Sec’y and Treasurer. J. J. WILLIAMS, B. R. HENDERSON, JOHN ARMISTEAD, Board of Fire and Police Commissioners. ED. F. GRACE, Halil it LY, WM. LACROIX, D. GENSBURGER, 3 W. D. MOON, EK. B. LEMASTER, E. C. GREEN, A. B. CARRUTHERS, Board of Public Works. STATE OF TENNESSEE, COUNTY OF SHELBY. We, the Memphis Asphalt & Paving Company, as principal, and S. T. Carnes, Henry Duffin, J. H. Sullivan, W. E. McGehee and W. W. Talbert, as sureties, hereby acknowledge ourselves 1056 CITY CONTRACTS. indebted to the City of Memphis, in the State and county afore- said, in the sum of twenty thousand ($20,000.00) dollars well and truly to be paid by ourselves, our successors, heirs and per: sonal representatives. But this is a penal obligation, the condition of which is that the said Memphis Asphalt & Paving Company has on this, the 14th day of November, 1902, entered into a contract with the City of Memphis for laying and maintaining certain asphalt pavements within said city, which said contract, and the adver- tisement, specifications and bid are referred to as being hereto attached, and all of said contract, advertisement, specifications and bid are made a part of this bond, as if the same were set forth in full herein, the said S. T. Carnes, Henry Duffin, J. H. Sullivan, W. E. McGehee and W. W. Talbert, suretion aero. am edging their complete knowledge of the contents of said contract, and the papers and exhibits thereto, and accepting the terms and provisions thereof. Now, should the said Memphis Asphalt & Paving Company well, fully and truly perform all the terms and provisions of said contract on its part, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Witness our hands this the 14th day of November, 1902. MEMPHIS ASPHALT & PAVING CO., By S. T. CARNES, President. S. T. CARNES. J. H. SULLIVAN. W. E. McGEHEE. HENRY DUFFIN. W. W. TALBERT. (eal M. A. & P. Co.) Attest: W. E. McGEHEE. CITY CONTRACTS. 1057 STATE OF TENNESSEE, SHELBY COUNTY. Personally appeared before me, C. Q. Carnes, a Notary Public in and for said county and State, duly commissioned and quali- fied, S. T. Carnes, J. H. Sullivan and W. E. McGehee, the within named bargainors, with whom I am personally acquainted, and who acknowledged that they executed the within instrument for the purposes therein contained. Witness my hand and notarial seal, at Memphis, county and State aforesaid, this 14th day of November, 1902. (Seal. ) C. Q. CARNES, Notary Public. STATE OF TEXAS, COUNTY OF JEFFERSON. Personally appeared before me, Joe Williams, a Notary Public in and for said county and State, duly commissioned and quali- fied, Henry Duffin and W. W. Talbert, the within named bar- gainors, with whom I am personally acquainted, and who ac- knowledged that they executed the within instrument for the purposes therein contained. Witness my hand and notarial seal at Port Arthur, Jefferson County, State of Texas, this 20th day of November, A.D. 1902. (Seal.) JOE WILLIAMS, Notary Public. My commission expires May 31, 1904. Approved: J. J. WILLIAMS, B. R. HENDERSON, Fire and Police Commissioners. ARTICLE 105. CITY OF MEMPHIS AND SOUTHERN PAVING & coneraconion COMPANY. ASPHALT PAVING CONTRACT. THIS AGREEMENT, made this 20th day of November, 1902, by and between the Southern Paving & Construction Company, 1058 Preamble. CITY CONTRACTS. a corporation created and existing under the laws of the State of West Vireinia. party of the first part, and the City of Mem- phis, a municipal corporation, party of the second part; WIT- NESSETH, that, Whereas, on July 29th, 1902, the City of Memphis advertised, inviting proposals for laying asphalt pavements, within the lim- its of said city, a full and true copy of which advertisement is hereto attached and made a part hereof, and marked “Exhibit A;” and, Whereas, in accordance with said advertisement, the first party auly filed its written bids offering to lay such asphalt pavements, one of said bids providing for a five years’ eunteaen upon such work and the other providing for a ten years’ guaranty upon such work, the latter bid, namely, the one for a ten-year guar- anty, is hereto attached and made a part of this contract, and marked “Exhibit B;” and, Whereas, the Legislative Council of the City of Memphis de- termined to require a ten years’ guarantee of the work to be done, upon the full. consideration of the bids filed, it was voted and determined to award to the first party the contract for doing one-third (1-3) of the total amount of the work advertised for as aforesaid; and, Asphalt work. Whereas, in the advertisement aforesaid, certain specifications and requirements were referred to which should be the basis upon which such bids were made and the work should be done, said specifications are hereto attached and made a part hereof and marked “Exhibit C;” Now, therefore, in consideration of the premises, and of the payments and covenants hereinafter mentioned to be made and performed by the second party, the first party hereby covenants and agrees to perform for the second party the following work, namely: To lay pavements of sheet asphalt over one-third (1-3) CITY CONTRACTS. of the total surface of the parts of the streets mentioned and set forth in the thirteenth clause of the general specifications herein mentioned, said one-third of the area of said streets to be designated by the Fire and Police Commissioners of the City of Memphis, the second party reserving the right to assign or designate all or any fractional portion of the streets of said city as set forth in said thirteenth clause of said specifications, the total area, however, to aggregate one-third of the whole area named in said thirteenth clause. The said party of the first part further covenants and agrees, for the consideration hereinafter stated, to furnish all the work required to be done and all material necessary, in strict accordance with the terms of the advertisement, specifications and bid above mentioned, and made Exhibits A, B and C to this contract, and made a part hereof. And the first party further covenants and agrees to commence the work embraced in this agreement or contract on or before the first day of December, 1902, and to prosecute the same in such manner and with such force of men and teams as will insure and effect the full and entire completion of all of the work on or before the Ist day of July, 1903. For and in consideration of the faithful performance of all the stipulations and conditions of the foregoing agreement by the party of the first part, the party of the second part covenants and agrees to pay to the party of the first part, in accordance with its bid, the following compensation, to-wit: The sum of one dollar and forty-eight cents ($1.48) per square yard of street surface paved with said sheet asphalt, as aforesaid. It is, however, expressly understood and agreed that the prices herein stipulated for are to be paid on the basis of final and accurate measurement of the work embraced in this agreement. It is further understood and agreed that the specifications of the work and material embraced in this contract at the date of its execution, as shown by plans and specifications, may be changed 1059 1060 CITY CONTRACTS. by consent of both parties hereto, and that no subsequent diminu- tion or increase in the amount of work that may arise, either from error in the original estimate, or from any changes which the City Engineer and the Board of Fire and Police Commis- sioners may make in the plan of the work, shall entitle the first party to any allowance whatever beyond a final measurement of the actual work done in accordance with the specifications from notes and measurements of and by the City Engineer, to be made after the final completion of the work. It is further agreed and stipulated by and between the parties that, should the city desire to lay asphalt upon a greater number of blocks of any street named in the specifications above referred to, in addition to the blocks named and indicated in said speci- fications, the party of the first part will, at the request of the city, lay asphalt upon such additional blocks, not, however, to exceed five (5) additional blocks upon any one street, and all of the terms of this contract, together with the guaranty and bond hereinafter referred to, shall cover such addi- tional blocks as fully as if the same had been described and set forth in the original specifications. Nor shall such change or changes affect the liability of the bond to be given by the first party for the faithful. performance of this contract. On or about the first day of every month, during the progress of the work, an estimate shall be made of the approximate value of the work done, to be judged by the City Engineer, and, upon his certificate of the amount, approved by the Mayor and the Fire and Police Commissioners, eighty-five per cent. (85%) of the amount of said estimate shall be paid to the party of the first part, provided the amount due under said estimate to the first party shall be more than one thou- sand dollars, and when each street embraced in this contract is completed agreeably to the specifications, advertisement and bid aforesaid, and in accordance with the directions and to the CITY CONTRACTS. satisfaction and acceptance of the City Engineer, there shall be a final estimate made of the quality, character and value of said work agreeably to the terms of this contract, when the bal- ance appearing due to the first party shall be paid to such first party. And it is further understood and agreed that the work em- braced in this contract shall be commenced, as aforesaid, on or before the 1st day of December, 1902, and prosecuted with such force and material as the City Engineer may deem adequate to its completion within the time above specified, and if, at any time, the first party shall refuse or neglect to prosecute the work, as above provided, then, and in that case, the City Engi- neer, with the approval of the Board of Fire and Police Commis- sioners, may employ such number of workmen, laborers and over- seers, and purchase such material as may, in his opinion, be necessary to insure and effect the eampletion of the work within the time hereinbefore limited, at such wages and prices as he may find it necessary to give, pay all persons and for all ma- terial so employed and bought, and charge the amount so paid to the first party, as so much money to said first party on this contract. Or the City Engineer may, with the approval of the Legislative Council, and at their option, for failure to prosecute the work with adequate force and material, or for any other omission or neglect of the requirements of this agreement on the part of the party of the first part, declare this contract forfeited, which declaration of forfeiture shall exonerate the second party from any and all obligations arising under this contract, the same as though this agreement had never been made, and any amount or amounts reserved upon any work done by the first party under this contract may be retained forever by the second party, whether the default shall have occurred in respect to that particular part of the work or not. 1061 1062 CITY CONTRACTS. It is also further understood and agreed that, in case the party of the first part fail or refuse to complete the work under- taken under this contract, within the time herein designated for the completion of the same, for every day beyond such day of completion fixed herein, that he so fail he shall pay the party of the second part, as liquidated damages, the sum of fifty dollars per day, which the first party agrees shall be deducted from the amount agreed herein to be paid to him by the party of the second part. It is also distinctly understood and agreed by and between the parties hereto that this contract is entered into subject to the right of the Mayor, Board of. Fire and Police Commissioners and the City Engineer, to suspend such work for any failure on the part of the party of the first part, and that such suspension shall not affect the right of the City of Memphis to any damages or penalties incident to such failure. And it is mutually agreed and understood that the decision of the City Engineer and Board of Fire and Police Commissioners shall be final and conclusive in any disputes which may arise between the parties to this agreement relative to or touching the same, as to any questions that may arise regarding the char- acter and quality of material and work, the estimates for monthly payments and measurements for final payments, and as to any other matters or questions arising hereunder that should and ought to be determined by an engineer. The foundation to be made of gravel, as provided in the speci- fications and furnished by the party of the second part, shall be laid subject to the approval of the party of the first part. When the first party lays asphalt upon a gravel foundation fur- nished by the second party, it shall be conclusive upon the first party that such gravel foundation is good, suitable and suffi- cient. CITY CONTRACTS. 1063 The party of the first part is to give bond, with sureties to Maintenance. be accepted by the Fire and Police Commissioners, in the pen- alty of ten thousand ($10,000.00) dollars, conditioned for the full and faithful performance on its part of all the terms and provisions of this contract, and this contract shall not take effect until said bond shall be given and accepted. Said bond shall contain the express provision obligating the principal and sure- ties upon said bond to maintain and keep in good order and perfect condition during the period of ten years, beginning with the completion of said work, all of the work under this con- tract, and such maintenance shall be done promptly and in strict accordance with the requirements of the specifications above set forth. It is further agreed that the party of the second part shall not permit any part or portion of any street upon which asphalt is laid by the party of the first part to be cut into or disturbed by any person, firm or corporation, unless such person, firm or corporation shall have made a written contract with the party of the first part to repair the foundation and relay the asphalt, so as to preserve the condition of the street, provided the price charged by the first party for such work be reasonable, and, in case of a disagreement, the City Engineer shall determine what is a reasonable price for such work. Executed in duplicate 20th day of November, 1902. (Signed. ) SOUTHERN PAVING & CONSTRUCTION CoO., By W. M. LASLEY, Vice-President. Attest: E. W. ARNOLD. J. J. WILLIAMS, B. R. HENDERSON, JOHN ARMISTEAD, Board of Fire and Police Commissioners. WM. LACROIX, D. GENSBURGER, A. B. CARRUTHERS, BH. C. GREEN, BE. B. LEMASTER, ED. F. GRACE, meg e acy ESS Ay Board of Public Works. 1064 CITY CONTRACTS. CHATTANOOGA, TENN., Aug. 29th, 1902. Board of Fire and Police Commissioners, City of Memphis, Tenn.: GENTLEMEN—In accordance with your advertisement, dated July 29th, for proposals for laying asphalt pavements, we hereby offer to lay a pavement of Bermudez Lake asphalt, with a total thickness of three (3) inches, composed of: Bindercsw ote ete ens eee ee eee 1% inches. Asphalt SUuriace 5 vi, oe ts. spe sue eeaenerae 144 inches. TOA as Ol See See eae ea eae 3 inches Character of Asphalt—AlIl asphalt used in this pavement will be dug or taken directly from the Bermudez Asphalt Lake, in the Republic of Venezuela, South America. Binder—A binder course will be laid directly upon a prepared finished foundation, laid by the City of Memphis, ready to re- ceive same, and will comply with the specifications. Wearing Surface—The wearing surface will be composed of— Asphaltic COMMON Ue rite voces eisai ke from 10 to 14% Pulverized carbonate of lime....from 6 to 13% ROTEN (6 ia anh GAs eile REEL Ee aC Ace from 75 to 84% or in such proportions as may be directed that will produce an approved mixture for this work. The pavement to be laid, as above specified, for the sum of one dollar and forty-eight cents ($1.48) per square yard. The pavement will be laid under proper official inspection, and according to specifications. It will be guaranteed by satis- factory bond for maintenance for ten years (10) from the date when it is opened to traffic, and during said period all defects in the pavement, due to its proper use as a roadway, will be re- paired and made good without additional expense. Respectfully submitted, SOUTHERN PAVING & CONSTRUCTION CO., By W. M. LASLEY, Vice-President. CITY CONTRACTS. | STATE OF TENNESSEE, COUNTY OF SHELBY. We, the Southern Paving & Construction Company, as prin- cipals, and National Surety Company, of New York, N. Y., as surety, hereby acknowledge ourselves indebted to the City of Memphis, in the State and county aforesaid, in the sum of ten thousand ($10,000.00) dollars, well and truly to be paid by our- selves, our successors, heirs and personal representatives. But this is a penal obligation, the condition of which is that the said Southern Paving & Construction Company has on this the 20th day of November, 1902, entered into a contract with the City of Memphis for laying and maintaining certain asphalt pavements within said city, which said contract, and the ad- vertisement, specifications and bid are referred to as being hereto attached, and all of said contract, advertisement, specifications and bid are made a part of this bond, as if the same were set forth in full herein, the said National Surety Company, of New York, N. Y., surety, acknowledging its complete knowledge of the contents of said contract, and the papers and exhibits thereto, and accepting the terms and provisions thereof. Now, should the said Southern Paving & Construction Company well, fully and truly perform all the terms and provisions of the said contract on its part, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Witness our hands, this the 20th day of November, 1902. (signed.) SOUTHERN PAVING & CONSTRUCTION CO., By W. M. LASLEY, Vice-President. Attest: E. W. ARNOLD. NATIONAL SURETY CO., OF NEW YORK, By C. S. RIPLEY, Resident Vice-President. Attest: GEO. E. McGER, Resident Assistant Secretary. 1065 1066 Ten years’ lease with renewal privileges. Rental Lessee may remove im- provements, CITY CONTRACTS. ARTICLE 106. THE F. W. COOK BREWING COMPANY. This agreement and lease, made and entered into this the 16th day of January, A.D. 1904, by and between the City of Memphis (hereinafter called the lessor), and the F. W. Cook Brewing Com- pany, a corporation of the State of Indiana, domiciled at Evans- ville, Ind. (hereinafter called the lessee), witnesseth: The lessor does, by these presents, demise and lease to the lessee, its successors and assigns, for a term of ten (10) years, from February 1, 1904, with the privilege of renewing same for an additional ten years (subject to the provisions hereinafter made as to such renewal), certain real estate lying in the City of Memphis, Shelby County, Tennessee, more particularly de- scribed as follows: A lot lying at the northeast corner of Tennessee and Talbot streets, same having a frontage of one hundred and fifty (150) feet, more or less, on the east side of Tennessee street, and run- ning back eastwardly between parallel lines (the south line thereof being the north line of Talbot street) one hundred (100) feet, more or less, to a fence. The lessee agrees to pay the lessor, as rental for said premises, one thousand dollars ($1,000) per year, payable quarterly (that is, every three months) in advance, during the first ten years. In the event this lease is renewed for the second ten years, the lessee is to pay the lessor twelve hundred dollars ($1,200) per year, payable quarterly in advance. The lessee contemplates erecting on said premises various im- provements in the way of buildings, etc., and the lessor agrees that,, upon the expiration of this lease, or of any renewal of same, in the event there is any renewal, the lessee may remove from said premises all improvements placed or erected thereon by it, the lessee. CITY CONTRACTS. The privilege of renewal for ten years above provided for is subject to the condition and proviso that, at the end of the first ten years, the lessor shall not, in the sound discretion of its Board of Water Commissioners, or their successors, need the said premises for use, immediate or prospective, in the lessor’s Water Department. But, in the event the lessor shall be unwill- ing to renew this lease because of needing said premises for use, immediate or prospective, in its said Water Department, it shall give the lessee notice of its intention not to renew the lease at least ninety days prior to the expiration of said first ten years. In the event the lessor, in the sound discretion of its said Board of Water Commissioners, or their successors, shall deem said property to be needed by it in its Water Department, not for immediate, but for prospective use therein, then the lessee shall have the right to remain upon said premises until such time, not exceeding ten years, as the premises are, in the discretion of said Commissioners, or their successors, actually needed by, the lessor for said department. And, in such case, the lessee shall be given ninety days’ notice that the premises are so needed. The lessee agrees to turn over said premises to the lessor at the expiration of its tenancy in as good condition as the same now are, ordinary wear and tear and damage by weather ex- cepted. The lessor covenants with the lessee, its successors and as- signs, that the lessee shall have possession of said premises on February 1, 1904, and shall have peacable and quiet enjoy- ment of the same during the period of this lease, or any renewal thereof. bag neo + 1067 Conditions of renewal of lease. 1068 Lease to Dan Shea. Description of property. CITY CONTRACTS. Witness the following signatures of the parties or their rep- resentatives this January 16, 1904. J. J. WILLIAMS, B. R. HENDERSON, Members of Board of Fire and Police Commissioners. WM. LACROIX, A. B. CARRUTHERS, ED. F. GRACE, E. B. LEMASTER, D. GENSBURGER, EK. C. GREEN, ls Pa eae] Bt iad WE Members of Board of Public Works. Approved: W. H. BATES, JAS. S. DAVANT, Board of Water Commissioners. THE F. W. COOK BREWING CO., By A. B. SCHMIDT, General Agent. ARTICLE 107. DAN SHEA (BOILER WORKS. ) This contract of lease, made in duplicate, by and between the City of Memphis, Shelby County, Tennessee, of the first part, and Dan Shea, of said city, of the second part, witnesseth: That the said party of the first part, for and in consideration of the sums hereafter stipulated to be paid, has remised and let, and does hereby remise and let and lease to the party of the second part (said Dan Shea), the ground lying in said City of Memphis, and in the County of Shelby, and State of Tennessee, thus specifically described by metes and bounds, to-wit: Commencing at a point on the northwest corner of Front and Washington streets, thence running northwest along the west line of a paved roadway two hundred and twenty feet to a stake; CITY CONTRACTS. thence running southwest, and at a right angle to said roadway, fifty feet to a stake; thence running southeast two hundred and twenty feet along the east line of the right of way of the Mem- phis & Charleston (Southern) Railroad Company’s track to the point of commencement. Such lease to be for the period of ten years commencing on the first day of December, 1905, which is the date of expiration of the contract of lease made between the par- ties to this lease on December ist, 1898, to be fully completed and ended on the first day of December, 1915. But the said premises are let for the purpose, and are to be used only for the purpose, of erecting suitable buildings and appurtenances thereto, and for the further purpose of erecting thereon all necessary machinery for the building and construction of boilers, plate work of every description, and the doing of general repairs and foundry work. As compensation to the party of the first part for the lease of its premises and its use by the party of the sec- and part, said second party hereby agrees to pay the party of the first part two hundred and forty dollars ($240.00) per annum, payable in monthly installments of twenty dollars ($20.00), on the first day of each and every month during the continuance of this lease and contract, payment to begin on the first day of December, 1905. The parties hereto mutually agree that the party of the second part acquires and accepts just such title, rights and privileges to the leased premises as the party of the first part has the right and power under its charter to grant by the lease, and none other, and the party of the first part is not to be liable or responsible in any way for any sum whatever for or on account of, or in consequence of, a want or deficit of power or authority.in said first party to make this lease, but said second party assumes the risk of such want or deficit of power in said first party, and the said second party agrees to defend, on his own account and at his own expense, any and all suits tnat may be brought to set aside this lease, wholly or in part, 1069 Term of lease. Rent. Conditions. 1070 Forfeiture. CITY CONTRACTS. and agrees to hold the first party harmless from and against all damages and losses to accrue to him, not only by reason of said suit and the judgment or decree that may be pronounced in them, which said second party hereby assumes and agrees to bear and pay as between him and the said first party, but also said second party agrees to defend and be liable in like manner for all suits and damages which may be brought or accrue from injury to others, through his agency or the agency of his employes, during the continuance of this contract, where damages are claimed or suits brought on account thereof against the said first party. At the end of this contract said second party shall have the right. to remove the improvements put on the premises hereby demised, and the same are to belong to him, his heirs or assigns, provided all the terms and conditions hereof have been complied with on his part, but said improvements are to stand as a security for the faithful performance of his contract on the part of the party of the second part. A failure on the part of said second party to pay the monthly installments of rent when due, or to omen with any of the stipulations of this contract, shall, ipso facto, work a forfeiture of this con- tract at the option of the City of Memphis, the party of the first part, or its successors. Witness the hands and seals of the parties this 9th day of October, 1902. DAN SHEA. — J. J. WILLIAMS, B. R. HENDERSON, JOHN ARMISTEAD, Fire and Police Commissioners. ED. F. GRACE, W. D. MOON, D. GENSBURGER, BH. C. GREEN, A. B. CARRUTHERS, WM. LACROIX, E. B. LEMASTER, Board of Public Works. CITY CONTRACTS. ARTICLE 108. HARRY STRONG AND R. JONES. The City of Memphis, Tennessee, by its Mayor, J. J. Williams, and Secretary, W. B. Armour, of the first part, and Harry Strong and R. Jones, of the second part, do hereby enter into the fol- lowing contract: The said first party, authority being first obtained by the City Council, do by these presents lease to the said second party, from the 15th of November, 1904, until the 15th of November, 1919, the following property belonging to the City of Memphis, and described as follows: The south half of Lot 44, Block 67 of Country Lot 484, situated at the northeast corner of Hernando and Gayoso streets, in the City of Memphis; said lot fronting twenty-two (22) feet, more or less, on the east side of Hernando street, and running back between parallel lines sixty-one (61) feet, more or less, along the north side of Gayoso street. The said first party covenants that it will keep and secure the said second party, or their representatives or assigns, in peaceful use, enjoyment and possession of said premises during the term of this lease, unless default of payment of rent or other condi- tions under this contract be made; and to indemnify the party of the second part, their heirs or assigns, for any damages or loss incurred in the event said second party or assigns are de- prived of the possession of said premises at any time during the life of this lease. The said second party, for and in considera- tion of the use and possession of said premises, agree to pay to the said party of the first part, or its assigns, the sum of two hundred ($200.00) dollars per annum, payable quarterly in advance; said payments to be evidenced by sixty (60) prom- issory notes of fifty ($50) dollars each, of even date herewith. And, for further consideration, the parties of the second part agree and bind themselves to arch the bayou running through 1071 Property leased. Rent. Improvements. 1072 CITY CONTRACTS. Insurance. Default in payment of rent. Not to alter building. said property over with brick or concrete, under the directions of the City Engineer, and also to build a two-story brick house, twenty-two (22) by sixty (60) feet thereon, costing not less than forty-five hundred ($4,500) dollars, in accordance with the city building ordinance, said building to be kept in good con- dition, less ordinary wear and tear, and, at the expiration of this lease, to be turned over to the party of the first part, as its prop- erty, unencumbered; and, in consideration of the premises, as aforesaid, the City of Memphis agrees to waive its right to tax, and does hereby covenant to exempt the said improvements from city taxes during the term of this lease. The party of the second part agrees to insure said premises during the term of this lease for a sum not less than four thou- sand ($4,000) dollars, and, in the event of loss by fire, to rebuild said improvements. It is further agreed that if the party of the second part, or their representatives or assigns, should fail to pay any two of the consecutive payments, then, in that event, this lease shall become void and of no effect, and the party of the first part shall be entitled to immediate possession of the premises, without legal process, and said improvements shall then be the property of the party of the first part. It is further agreed and fully understood that the party of the second part shall make no alteration of the building afore- said, without first obtaining the written consent of the party of the first part; and the party of the second part covenants to make such repairs upon said building from time to time as may be necessary to the security or preservation of said building. In testimony whereof the said parties of the second part here- unto set their hands, and the party of the first part, by its CITY CONTRACTS. Mayor and Secretary, duly authorized, hereunto set their hands and official seal this 28th day of November, 1904. CITY OF MEMPHIS, By J. J. WILLIAMS, Mayor. W. B. ARMOUR, City Secretary. HARRY STRONG. R. JONES. STATE OF TENNESSEE, CouNTY OF SHELBY. Before me, C. D. Moore, a Notary. Public, in and for the State and county aforesaid, personally appeared J. J. Williams and W. B. Armour, with whom I am personally acquainted, and who, upon oath, acknowledged themselves to be the Mayor and Sec- retary, respectively, of the City of Memphis, the within named bargainors, a municipal corporation, and that they, as such Mayor and Secretary respectively, being authorized so to do, executed the foregoing instrument for the purposes therein con- tained, by signing the name of the corporation by themselves as Mayor and Secretary respectively. Witness my hand and seal at office, in Memphis, Tennessee, this 30th day of November, 1904. (Seal.) C. D. MOORE, Notary Public. STATE OF TENNESSEE, SHELBY COUNTY. Personally appeared before me, C. D. Moore, a Notary Public in and for the State and county aforesaid, duly commissioned and qualified, R. Jones and Harry Strong, the within named bargainors, with whom I am personally acquainted, and who acknowledged that they executed the within instrument for the . purposes therein contained. Witness my hand and notarial seal at Memphis, aforesaid, this 30th day of November, 1904. (Seal.) C. D. MOORE, Notary Public. 1074 CITY CONTRACTS. LEASE—REED & DUECKER. The City of Memphis, of the first party, and Reed & Duecker, firm composed of Clyde C. Reed and Wm. Duecker, of the second party, herein enter into the following contract, viz.: The said first party, by these presents, leases to said second party, from the 12th day of March, 1908, until the 12th day ot March, 1911, the following property situated in Memphis, Shelby County, Tennessee, and described as follows, being the second and third floors, 51x104 feet each, running from No. 218 and No. 220 North Front street to Center alley, known as the old Exchange building. The city leases such interest as it has in said building, but does not guarantee its title. The said second party, for and in consideration of the use of said premises, agrees to pay to said first party, or its assigns, the sum of ten dollars per month, payable monthly in advance, — of thirty-five installments, for which thirty-five promissory notes, of even date hereof, have been executed, dated April Ist. And the second party agrees to deliver up to said first party, or their assigns, the said premises at the expiration of this lease, in good order and condition, and to pay for all damages to said premises, ‘except the usual wear and tear of the same, or destruc- tion by storm or fire, and also to remain liable for rent until all the premises, with the keys of the same, cleared of all persons, goods or things not belonging to the same, be tendered or deliv- ered to said first party, its heirs or assigns, in like good order, and no demand or notice of such delivery shall be necessary. The second party agrees that they will not underlet the whole or any part of said premises, without the written consent of said first party, or its assigns. It is further agreed that, in default of either one or more of said: payments, or any part thereof, at maturity, or in case of underletting without authority, this lease may be declared forfeited by said first party, at its option, in which case the second party shall be liable for all rents until the CITY CONTRACTS. possession be delivered, and for all damages done to the prem- ises; and the first party shall have the right to re-enter, take and retain possession of said premises, without being required to make demand of the same, or demand the payment of rents due, or to give notice of the non-payment of the rent; and the first party shall not become a trespasser by taking possession as afore- said. No set off in payment of said rent shall be allowed, unless signed by the first party, its agents or assigns, and the said notes shall be full and complete evidence of the rent due and owing, and, when no notes are given, the proof of the payment of rent shall be on the second party in all controversies. It is agreed that said premises are in good order and condition at the date of these presents. In case of default of the second party, so as to forfeit their lease, in their absence from this city, service of process upon any white adult occupying or in possession of the premises shall be good and valid service upon the second party. It is further agreed that the second party will allow nothing obnoxious to exist on said premises, and will, when required by the proper authorities, abate all such offensiveness at their own expense, and will suffer, nothing on said premises that will in- validate any policy of insurance the first party may now have, or hereafter have, upon said premises, unless the consent in writ- ing from the first party be first obtained. Reed & Duecker agree to repair the roof of said building, which will cost about five hundred dollars, more or less, and to keep said roof in good repair. It is further agreed that no alteration or repairs shall be done to any part of said premises by said second party, without the first party’s consent, in writing, under the penalty of double the cost necessary to put the premises in the condition they were when leased to Reed & Duecker, and the second party shall not, at any time, remove any repairs, improvements, addition or fixtures put on said premises by them, but the first party shall 1075 1076 CITY CONTRACTS. have and hold all of the same at the end of said lease. Said first party reserves the right to make such repairs, at any time, as are necessary to the security or preservation of said premises. Executed in duplicate. In testimony whereof, the said parties have hereunto set their hands and seals this 14th day of March, 1908. CITY OF MEMPHIS, By JAMES H. MALONE, Mayor. REED & DUECKER, By C. C. REED. STEINBERG & COMPANY CONTRACT. This agreement, made and entered into on this the 28th day ot May, 1909, by and between the City of Memphis, party of the first part, and S. Steinberg & Company, party of the second part, ~vitnesseth: That, whereas, on the 6th day of May, 1909, the City of Mem- phis passed a resolution giving and granting unto the party of the second part the exclusive right to act as scavenger of the City of Memphis, and to reduce in an absolutely sanitary manner the carcasses of all dead animals within the city limits, and also to reduce all swill and garbage in hotels and restaurants. © Now, therefore, in consideration of the premises, and the fur- ther consideration that the City of Memphis gives to the party of the second part the exclusive right for the period of five (5) years to act as City Scavenger, the party of the second part agrees to locate its plant or plants used for reduction purposes in a place or places approved in writing by the President and Secretary of the Board of Health. The machinery, mode of re- duction and details of reduction shall be approved by the Presi- dent and Secretary of the Board of Health. All wagons and other vehicles to be used by the party of the second part are to be approved by the President and Secretary of the Board of Health. CITY CONTRACTS. The location of all machinery, mode and detail of reduction, vehicles and all other details pertaining to said reduction shall be approved in writing by the Board of Health, before any steps are taken for the building of said reduction plant. The con- duct of the plant shall, at all times, and under all circumstances, be under the approval of the Board of Health, so far as sanita- tion and operation is concerned. The said party of the second part agrees to erect an improved and up-to-date plant, to be approved by the President and Secretary of the Board of Health. The party of the first part agrees to give the party of the second part the exclusive right to act as City Scavenger, for the term of five years. And the party of the second part shall have the power and right to haul to said plant, and reduce in a manner satisfactory to the Board of Health, such kitchen and restaurant swill and garbage as they shall see fit to use. It is further understood and agreed by and between the parties to this contract that the same is made under and by virtue of the resolution passed by the City of Memphis, on the date above mentioned, and is to be governed and controlled by said reso- lution. It is further understood and agreed that the City of Mem- rhis is given, by the terms of this contract, the utmost protec- tion, insofar as sanitation and the safe conduct of this business shall be concerned. It is further understood and agreed that if either party hereto shall fail or refuse to carry out this contract in any particular, the party not at fault shall have the right to rescind the same. In testimony of all of which the City of Memphis hereunto affixes its seal, signed by the Mayor and attested by the City Register on the day and date above written. And the said S. Steinberg & Company also sign and seal the same. (Signed. ) CITY OF MEMPHIS, By JAMES H. MALONE, Mayor. S. STEINBERG & COMPANY, By S. STEINBERG. Attest: ENNIS M. DOUGLASS, City Register. J. L. ANDREWS, President Board of Health. 1077 1078 CITY CONTRACTS. ARTICLE 109. MEMORANDA OF VARIOUS INDUSTRIAL (SPUR OR SIDE) RAILROAD TRACKS THE RIGHT OF BUILDING AND OPERATING BEING GRANTED ON PETITION OF THE SEVERAL RAILROADS AND INDUSTRIES, BY GRANTING PRAYER OF PETITION, AND NOT BY ORDINANCE. Louisville & Petition of Louisville & Nashville Railroad to construct and Railroad, extend three tracks from the west and across High street, to High street. connect with the two tracks on the east side of High street, granted, provided the company place the frog for these connect- ing tracks east of and clear of High street.. (Minute Book F, page 97; September 11, 1902.) ———___ sk Petition of Gayoso Oil Works asking that the Union Belt Line e ine. Gasoas tracks be moved four feet east at their building (the east rail not een to exceed twenty-six and one-half feet from west line of Front street), granted. (Minute Book F, page 106; October 9, 1902.) N., C. & St. Petition of Nashville, Chattanooga & St. Louis Railway Com- L. Railway. ¢ pany for permission to cross Georgia street with additional Georgia BueOls tracks, as shown on blue print, in order to reach lot between Webster and Georgia streets, referred to the Railroad Committee with power to act. (Minute Book F, page 110; October 9, 1902.) eR: Gas Petition of Equitable Gas Company to build a spur track to ompany. LORR. connect with the Illinois Central Railroad’s sidetrack in the rear of the then Williams & Co.’s mill, granted during the will and pleasure of the Council, and the Gas Company required to keep crossing over Front street in good condition, etc. (Minute Book F, page 116; November 6, 1902.) CITY CONTRACTS. 1079 Petition of the Memphis Paving & Tile Company to run a switch track into their yard on northwest corner Broadway and Rag- land avenue, granted under certain conditions. (Minute Book F, page 210; May 29, 1903.) Petition of Galloway Coal Company for permission to take up track at northwest corner of lot on Main street, north of Auction street, and to replace same about forty feet south of its present crossing, granted under certain conditions. (Minute Book F, page 220; June 22, 1903.) —————— Petition Union Railway Company to close Brinkley street from where the same is intersected by its tracks west of Front street to the property of the Illinois Central Railroad, granted for a period of ten years, and contract ordered drawn. (Minute Book F, page 235; August 6, 1903.) Petition of Nashville, Chattanooga & St. Louis Railway Com- pany for permission to construct spur track on Michigan avenue, granted subject to the will and pleasure of the Council. Book F, page 377; October 6, 1904.) (Minute Petition of St. Louis & San Francisco Railway Company for permission to move the head block of the switch now in Ten- nessee street, at north line of Pontotoc street, to a point further south on the south line of Pontotoc street, and to connect this switch with the tracks on the west side of Tennessee street, in front of the Valley Oil Mills, granted subject to the will and the pleasure of the Council. 10, 1904.) (Minute Book F, page 384; November Petition of the Iron Mountain Railroad for permission to con- tinue its track now running in front of the DeSoto Oil Mill, in front of the Southern Biscuit Works (being on the west side Memphis Pav- ing & Tile Company. Ne One & Stow lies ky. Galloway Coal Company. ion Ge NY Ry. Union Rail- way Company. Brinkley street. ING Canc St. L. Ry. Michigan avenue. St. Louis & San Francisco Railway Co. Tennessee street. Tron Moun- tain Ry. Southern Bis- cuit Works. 1080 Moore Bros. Southern Ry. CITY CONTRACTS. of Kentucky avenue, near Gaines street), granted subject to will and pleasure of Council, etc. (Minute Book A, pages 62-63 and 66-67, Upper Board; December 7, 1905. See ordinance.) Petition of Moore Bros. for sidetrack into their coal yards on west side of Dunlap street, said track to cross Dunlap street, beginning at east line of said street and diverging gradually northwardly from the tracks of the Southern Railway, granted . during will and pleasure of the Council. (Minute Book B, page 240; March 4, 1909.) MEMORANDUM REFERENCES TO CONTRACTS CONTAINED IN THE WATKINS DIGEST OF 1902. Memphis Street Railway Company Contract No. 1 (ordinance). Contract made and entered into September 3, 1885, between the Taxing District of Shelby County, Tennessee, and the Citizens’ Street Railroad Company, granting said company the right to enter upon, use and occupy for street railway purposes, and until the expiration of the charter of said company, the streets, high- ways and public grounds of said Taxing District, routes set out. (See Watkins’ Digest, 1902, pages 533 to 540, inclusive.) Memphis City Railroad Company (contract). Contract made and entered into February 4, 1886, between the city and the Memphis City Railroad Company, granting said company the right to build and maintain street railway tracks upon certain streets, during the continuance of its charter, etc. (See Watkins’ Digest, 1902, pages 540 to 545, inclusive.) Memphis, Greenwood & Prospect Park Railroad and East End Railway Company (contract). Contract made May 5, 1887, be- tween the city and the Memphis, Greenwood & Prospect Park CITY CONTRACTS. 1081 Railroad, the right to use, enter upon and occupy for street rail- way purposes (to be operated by animal power, or steam dummy engines), certain streets set out, etc., for twenty-five years. (See Watkins’ Digest, 1902, pages 550 to 561, inclusive.) ——_—____ Jackson Mound Park Railroad Company. Contract between city and the Jackson Mound Park Railroad Company, dated July 19, 1888, granting franchise for twenty-five years to construct and cnerate street railways over routes set out and conditions im- posed. etc. (See Watkins’ Digest, 1902, pages 562 to 572, inclu- sive.) Memphis Electric Railway Company (contract). Contract made November 14, 1889, between the city and the Memphis Elec- tric Railway Company, for the purpose of constructing and oper- ating street railways, in and near said district (routes and con- ditions set out), term thirty years. (See Watkins’ Digest, 1902, pages 573 to 588, inclusive.) City & Suburban Railway Contract. Contract made October 30, 1890, between the city and the City & Suburban Railway Com- rany, granting certain rights to operate street railway tracks over certain streets enumerated and under conditions specified. Term, twenty-five years from July, 1888. (See Watkins’ Digest, 1902, pages 588 to 596, inclusive. ) City & Suburban Railway Company and Jackson Mound Park Railway Company. Contract made April 25, 1890, between the Jackson Mound Park Railroad Company, the City & Suburban Railway Company and the city. Sale of piece of property on south side of Union street, 280 feet east of intersection of Union and Second streets, to City & Suburban Railway Company and 1082 CITY CONTRACTS. franchises by Jackson Mound Park Railway Company. Term, twenty-five years. (See Watkins’ Digest, 1902, pages 597 to 605, inclusive. ) Citizens’ Street Railroad Company (contract). Contract made January 29, 1891, between the city and the Citizens’ Street Rail- road Company, granting said company certain rights to con- struct and maintain street railway tracks in the city. Expires May 23, 1916. (See Watkins’ Digest, 1902, pages 606 to 625, inclusive.) Raleigh Springs Railroad Company (contract). Contract made August 1, 1891, between the city and the Raleigh Springs Rail- road Company, granting said company certain rights to construct and maintain street railway tracks in the city, for a period of twenty-five years. (See Watkins’ Digest, 1902, pages 626 to 640, inclusive. ) ——___ Illinois Central Railroad Company and Mississippi & Tennessee Railroad Company (contract). Contract made June 21, 1880, between the city and the Mississippi & Tennessee Railroad Com- pany, to construct and operate a branch track from present ter- minus of Mississippi & Tennessee Railroad, on Calhoun street, to connect with the tracks of the Memphis & Charleston, Memphis & Little Rock, Memphis, Paducah & Northern, and Louisville & Nashville Railroads, etc. Expires forty years from date. (See Watkins’ Digest, 1902, pages 640 to 649, inclusive.) Chesapeake, Ohio & Southwestern Railroad Company (con- tract). ontrace between city and Chesapeake, Ohio & South- western Railroad for modification of contract of April 26, 1881, with Memphis, Paducah & Northern Railroad, said Chesapeake, Ohio & Southwestern Railroad being successors, so as to permit \ CITY CONTRACTS. it to maintain a track on river front, etc. Made December 5, 1881. Term, fifty-five years from April 26, 1881. (See Watkins’ Digest, 1902, pages 650 to 658, inclusive.) Chesapeake, Ohio & Southwestern Railroad Company. Contract between city and Chesapeake, Ohio & Southwestern Railroad, dated April 26, 1881, granting Memphis, Paducah & Northern Railroad Company a lease upon certain grounds within the city, and to maintain track over said premises, said Chesapeake, Ohio & Southwestern Railroad being successors to the Memphis, Pa- ducah & Northern Railroad. Term, fifty-five years from April 26, 1831. (See Watkins’ Digest, 1902, pages 658 to 662, inclu- sive.) Memphis, Paducah & Northern Railroad Company. Contract between city and the Memphis, Paducah & Northern Railroad Company, made September 1, 1880, granting trackage rights on Fulton et al. streets, ete. Term expires in five years. (See Wat- kins’ Digest, 1902, pages 663 to 669, inclusive.) Memphis, Paducah & Northern Railroad Company. Contract made between the city and the Memphis, Paducah & Northern Railroad Company, dated April 26, 1881, leasing certain property on the river front east of Promenade street, and west of Front street for a term of fifty-five years, at an annual rental of $500.00. (See Watkins’ Digest, 1902, pages 670 to 678, inclusive.) Tennessee Southern Railroad Company. Contract between city and Tennessee Southern Railroad Company, made May 22, 1883, for trackage rights on Broadway, Tennessee street, river front, etc. Term, fifty-five years from date. (See Watkins’ Digest, 1902, pages 679 to 693, inclusive.) 1083 1084 CITY CONTRACTS. Newport News & Mississippi Valley Railroad (contract). Con- tract between city and the Newport News & Mississippi Valley Railroad Company, dated April 26, 1881, granting lease to said company for a term of twenty-five years, upon certain lots, with right to build depots, etc. (See Watkins’ Digest, 1902, pages 693 to 7038, inclusive.) Newport News & Mississippi Valley Railroad (contract). Modi- fied contract between city and the Newport News & Mississippi Valley Railroad, to provide incline roadway on river front, ete. Resolution adopted August 14, 1890. (See Watkins’ Digest, 1902, pages 704 to 707, inclusive.) Illinois Central Railroad Company. Contract between city and the Illinois Central Railroad Company, dated March 20, 1893, to lay additional tracks on Georgia street, etc., for a period of fifteen years from March 1, 1893, at an annual rental of $500. (See Watkins’ Digest, 1902, pages 708 to 711, inclusive.) Louisville & Nashville Railroad Company (contract No. 1). Contract between city and the Louisville & Nashville Railroad Company, trackage rights into Auction Square, Fulton street, etc., for a period of twenty-five years. Contract dated October 1, 1881. (See Watkins’ Digest, 1902, pages 712 to 716, inclusive. ) —S Louisville & Nashville Railroad Company (contract No. 2.) Contract made December 17, 1899, between the city and the Louisville & Nashville Railroad Company, granting trackage rights across Third street, north of Concord street, for a term of fifty years, conditioned to build freight house and do certain paving, etc. (See Watkins’ Digest, 1902, pages 717 to 721, in- clusive. ) CITY CONTRACTS. Choctaw & Memphis Railroad Company (contract No. 1); Mem- phis & Little Rock Railroad (contract). Contract between the city and the Memphis & Little Rock Railroad Company, agreeing to comply with all the terms and conditions of a lease to said company whereby certain portions of the wharf and of Center Landing were leased to said railroad, which lease is of record in the Register’s office, Shelby County, in Book No. 122, page 419, et seq. Lease to run for twenty-five years from September 9, 1880. (See Watkins’ Digest, 1902, pages 722 to 728, inclusive.) Memphis & Little Rock Railroad Company (contract No. 2). Contract between the city and the Memphis & Little Rock Rail- road Company, dated May 5, 1898, granting additional trackage rights to terminate at will of Council, etc. (See Watkins’ Digest, 1902, pages 729 to 731, inclusive.) Choctaw & Memphis Railroad Company (contract No. 3). Con- tract between city and the Choctaw & Memphis Railroad Com- pany, made August 30, 1899, being lease of property on river front between Washington and Poplar streets, and including what is known as Center Landing, etc., for a term of fifty years,.to be used as freight yards, etc., at an annual rental of $500. (See Watkins’ Digest, 1902, pages 731 to 740, inclusive.) Choctaw & Memphis Railroad Company (contract No. 4). Con- tract between city and the Choctaw & Memphis Railroad Com- pany, dated August 3, 1899, being lease for a Agu of fifty years of lots or parcels of land. Lot 1: Bounded on north by Southern Kailway tracks, from Washington street across Illinois Central Railroad, in Promenade street; on the east by Front street; south by Adams street; west by Illinois Central Railroad, in Promenade street, except that part of Washington street included 1085 1086 CITY CONTRACTS. in these boundaries. Lot No. 2: Bounded on north by Adams street; south by Jefferson street; west by Illinois Central Rail- road in Promenade street. Semi-annual rental of $750, payable the first days of January and July each year. (See Watkins’ Digest, 1902, pages 740 to 746, inclusive.) — Choctaw, Oklahoma & Gulf Railroad Company (contract No. 5). - Contract between city and the Choctaw, Oklahoma & Gulf Rail- road Company, dated September 27, 1899. Assignment of lease | first above described dated August 3, 1899, to Choctaw & Mem- phis Railroad Company, under terms of lease. (See Watkins’ Digest, 1902, pages 747 to 749, inclusive.) Iron Mountain Railroad Company. Contract between city and the Iron Mountain Railroad Company, dated November 13, 1886, granting certain trackage rights upon Kentucky avenue, Calhoun street, Broadway, etc., to connect with the L., N: O. & T. R. R. tracks, on Tennessee street, etc., for a term of fifty-five years. (See Watkins’ Digest, 1902, pages 749 to 759, inclusive.) Iron Mountain Railroad (contract No. 2). Contract between city and the Iron Mountain Railroad Company, dated May 8, 1890, grant to use Georgia, Carolina, Broadway and other streets, for a term of fifty-five years, etc. (See Watkins’ Digest, 1902, pages 759 to 764, inclusive.) St. Louis & San Francisco Railroad; Kansas City, Springfield & Memphis Railroad; Merchants’ Cotton Press & Storage Com- pany. Contract between city and the Kansas City, Springfield & Memphis Railroad Company and the Merchants’ Cotton Press & Storage Company, dated March 29, 1888, granting said companies CITY CONTRACTS. 1087 right to close certain streets, and to lay tracks on and across Broadway, Georgia and Carolina streets, et al., for a term of forty-five years. (See Watkins’ Digest, 1902, pages 765 to 770, inclusive.) Springfield & Memphis Railroad Company (contract). Con- tract between city and the Springfield & Memphis Railroad Com- pany, dated December 5, 1881, granting trackage rights on Fifth, Georgia, Broadway, Calhoun, Tennessee and other streets, and to close certain streets and alleys. Term of franchise, fifty-five years. (See Watkins’ Digest, 1902, pages 771 to 782, inclusive.) Memphis & Charleston Railroad Company and the Kansas City Companies. Contract between city and the Kansas City, Fort Scott & Memphis and the Kansas City, Memphis & Birmingham Railroad Companies and the Memphis & Charleston Railroad Company, for the purpose of settling disputes on Broadway, grant- ing lease to part of Broadway from McGehee Station to the Mississippi River, etc., quit-claim any interest city may have in property. Contract dated January 31, 1890. (See Watkins’ Digest, 1902, pages 783 to 797, inclusive.) Southern Railway Company; Memphis & Charleston Railroad Company; Hast End Railway Company. Contract between city, the Memphis & Charleston (now Southern) Railway Company, and the East End Railway Company, in regard to opening Mon- roe street and building bridge over Southern Railway tracks. Dated October 6, 1887. (See Watkins’ Digest, 1902, pages 798 to 803, inclusive.) Memphis & Charleston Railway (contract No. 2). Contract between city and the Memphis & Charleston (now Southern) Railway, in re building bridge carrying Madison street over its tracks. Dated March 3, 1892. (See Watkins’ Digest, 1902, pages 804 and 805.) 1088 CITY CONTRACTS. Union Railway Company (Belt Line). Contract between city and the Union Railway Company, dated January 7, 1890, fran- chise right for trackage rights in and around the city. (See Watkins’ Digest, 1902, pages 806 to 813, inclusive.) Union Railway Company (Belt Line). Contract between city and the Union Railway Company, for trackage rights on Broad- way, from Main street to McGehee Station, etc., under conditions specified. Grant dated November 6, 1890. (See Watkins’ Digest, 1902, pages 814 to 822, inclusive.) Nashville, Chattanooga & St. Louis Railway; Tennessee Mid- land Railroad Company. Contract between city and the Tennes- see Midland (now Nashville, Chattanooga & St. Louis) Railroad Company, dated April 2, 1888, grant to railroad to lay tracks on Broadway, Michigan, Calhoun, Webster, etc., streets for a term of fifty-five years. (See Watkins’ Digest, 1902, pages 823 to 829, inclusive.) —_—___ Artesian Water Company (contract). Contract between city and the Memphis Water Company, dated May 1, 1882, to extend water mains, furnish water, etc. (See Watkins’ Digest, 1902, pages 829 to 833, inclusive.) —_—_—_——. Artesian Water Company. Contract between city. and the Artesian Water Company, dated July 30, 1887, to supply consum- ers with pure water, extend mains, rate of charges, etc. (See Watkins’ Digest, 1902, pages 834 to 845, inclusive.) Artesian Water Company. Contract between city and the Arte- sian Water Company, dated April 11, 1889. Sale of Memphis Water Company of property and franchises to Artesian Water Company. (See Watkins’ Digest, 1902, pages 846 to 848, inclu- Sive.) CITY CONTRACTS. Artesian Water Company. Contract between city and the Artesian Water Company, dated June 13, 1898, to furnish water for flushing sewers, etc., between Iowa, Mississippi & Tennessee _ Railroad, Division street and the Mississippi River, etc. (See Watkins’ Digest, 1902, pages 848 to 853, inclusive. ) Memphis Light & Power Company. Contract between city and the Memphis Light & Power Company, dated May 6, 1897, agree- ing to furnish arc lights for a term of five years from July l, 1897, for $85 per annum each, ete. (See Watkins’ Digest, 1902, pages 854 to 857, inclusive.) Memphis Light & Power Company. Contract between city and the Memphis Light & Power Company, dated November 22, 1890, for furnishing light and power for municipal purposes, etc., and te occupy the streets with its poles, etc. (See Watkins’ Digest, 1902, pages 858 to 861, inclusive.) Equitable Gas Light Company. Contract between city and the Equitable Gas Light Company. Franchise to use streets for laying pipes, etc., and doing other necessary acts for the sale and dis- tribution of illuminating and heating gas. Dated July 26, 1887. (See Watkins’ Digest, pages 862 to 874, inclusive.) Memphis Telephone Company. Contract between city and the Memphis Telephone Company (Wm. P. Curtis and associates), granting franchise for twenty-five years to construct a telephone exchange, and in connection therewith a line or lines of telephone wires, etc. Dated July 1, 1899. (See Watkins’ Digest, pages 875 to 880, inclusive.) 1089 1090 CITY CONTRACTS. Postal Telegraph Company. Contract between city and the Postal Telegraph Company, dated September 11, 1890, granting said company the privilege of erecting its poles and wires ic the city over certain streets, subject to the will and pleasure of the Council. (See Watkins’ Digest, pages 880 to 883, inclusive.) American District Telegraph Company. Contract between city and the American District Telegraph Company, dated February 4, 1892, granting said company, for a term of twenty-five years, the right to use streets for poles and wires for electrical system of alarm box, telephone and telegraph system, etc. (See Watkins’ Digest, 1902, pages 884 to 886, inclusive.) R. G. Craig & Co. Contract permitting spur track into R. G. Craig & Co.’s building, on Main street, between Auction and first alley north. Granted for a term of fifteen years, December 11, 1890. (See Watkins’ Digest, 1902, pages 887 to 889, inclusive. ) Barron Collier Company. Contract between city and Barron Collier Company to furnish the city gas and vapor lights, dated January 15, 1898, to run five years. (See Watkins’ Digest, 1902, pages 889 to 891, inclusive. ) Barron Collier Company. Contract between city and the Bar- ron Collier Company for furnishing lights for one year, gas and gasoline, awarded bid by resolution adopted January 7, 1909. Contract to run for one year from February 1, 1909, lights to be furnished for $28.80 each per-annum. (See Minute Book B, Board of Public Works, page 332.) CITY ORDINANCES. Chickasaw Cooperage Company. Contract between city and Chickasaw Cooperage Company, lease of property now used by its plant on Front street, near Wolf River, for a term of ten years from October 17, 1900, at an annual rental of $355.87, paya- ble quarterly in installments of $88.97. (See Watkins’ Digest, 1902, pages 892 to 895, inclusive.) Williams & Company. Contract between city and Williams & Company. Lease made April 14, 1899, of lot corner Mill and Chickasaw streets for a term of ten years from October 17, 1900, for annual rental of $572.04, in monthly or quarterly install- ments. (See Watkins’ Digest, 1902, pages 896 to 900, inclusive.) Dan Shea. Contract between city and Dan Shea, made Novem- ber 21, 1898. Lease of lot on west side of Front street, near corner of Washington street, to end December 1, 1905, at rental of $75 per annum. (See Watkins’ Digest, 1902, pages 901 to 908, inclusive.) Hygeia Street Company; Fay & Company. Contract between city and Fay & Company, dated September 3, 1900 (assigned to Hygeia Street Company, of Louisville, Ky.), giving said com- pany right to install waste ‘boxes on streets at rental of $200 per year for a period of ten years. This contract abrogated in default of payment of notes. (See Watkins’ Digest, 1902, pages $04 to 906, inclusive.) Union Railway Company (Belt Line). Contract between city and the Union Railway Company, dated July 31, 1902, granting right to construct and operate belt line in the city over routes described, for a term of thirty-five years. (See Watkins’ Digesv, 1902, pages 907 to 941, inclusive.) 1091 GENERAL INDEX OF THE ACTS OF THE STATE OF TENNESSEE AFFECTING MEMPHIS AND OF ORDINANCES AND CONTRACTS. ; 2. ve x hs oat p ‘ : \ I ’ hay 9 x i y 1 ‘ er ve ‘ nat E ’ erat) - pea Y . 4 ; h : _s 3 : 7 Y \ GENERAL ACTS—LEGISLATIVE © a) G50) 6) 6 eeey eae ia e870) fe 6. Ul ef 6) euesevere s,s Taxing district created $18) 6 CO fee) @ 06: "6 eo), ON a) OF er ee ee lbs @ 6° 6 MUMeTieeimenie Ot Py CONLrTACUS: S. 6:2 une caee e buk. Bonds: Pee PEL Mtoe COTO. GN A, <- Hare's ta lere ajekve'e’ chacchalibe tase vehte mPerecsmlimprovement: bonds). )s% iS a's. sw wes Police station bonds Park bonds © af @ Ove @ € 016 ¢€ © .0 0 6 ee 0 6 4/u S86 8 Pram mmmiempiig~ LEVGG. acs... a fies, m0 emit a PECAN MIM LN CSENC) eeOeepe Maiict eye aL bidhs: @ at's ta atlahnteslly cae ate kal « Fem ee LES TONCAL. di ih. ae wielels lade e cavotabdes Board of Education—Property transferred to...... Board of Education—School funds in annexed terri- PMD TOL ECU cree 1 Aces’ satel arel's a < Grace whol gl etek ol eft Commission form of government................. Commission form of government—Recal] bill...... Communica plesdisease hospital. 0.0%. sacs aeron hele PREM ites see IAUIONS. 5c ytd'c'. wae ah. 2 cioletel ties x's x ef aberets MlecEricmiigntnand CAS: Plant. craves case iia s odeveds PTOMeM LOCUS ASSOSSINENL AC e.'s, occ any plalelale s shoe wie PRUE IEMECE RRA A ote cuvis i giYe.u ye sve diet ote selec e°8 pp o ers Seer art CLMMN NP ORG CL REN a) Ssigte Kiba gO) oie Whales molece «store MaRS DCM LOS. cc ctd Wilco aie dss kia d'are AW nfo lbra oa arelel arate RMEL ENEMIES atch «salar vo < sees s eibickne eer terae ADULTERA TED. 2AR TICES ss orate ec ahs octet Cea ADVERTISEMENTS: Legislative. requirements Wo 5 risen as. ectepeeem For-street paving: . pid ssa ee o Selene orem ere For: ‘bids——Conditions 2 20 i. 520.2 ava 'a's «operas Offensive: ose ea eee eto ee ee ANIMALS: Contagious: disease among... /..)<.0ss nek eee ee Unite lity, 00: atc ais ve erento s eee nare eee anes eee ene Dead=—Thrown into street 5... Jes. sale tote pene Dangerous—Regulations icc on aie ticle os see ws Dressed——How ,**CUG. S525 asin ate sie hl a bate we eee Diseased-—Right to quarantine... 3.0 .0le se 5s. oe Diseased—Notify, Board: of ‘Health. 2.5.0. .i2%).5..% Diseased—Misdemeanor to bring in.............. Overloading «se 2hioW 17 ecct gen ions aie eee egent ct Power: ‘to -destroy——W hen “v5. 4. aie ana cae Put “into, pound a5 es ee ote ee tc cee ie neo Dale. OL si. is wie’ lee gow wasinsode Wis teael te Iaucteat eile duet ae ate eget eee 204 371 434 351 337-480 331 520 520 520 472 340 509 510 341 601 601 SECTION. 216 Art..: 20 24-45-294 487 1102 611 321 178 612 296 247-657 | a. GENERAL INDEX. ARTESIAN WATER DEPARTMENT: 5a Pier ME CO MACHT Ost CLO cian Gates & syn cle «f/f diy slain shale 136 Wer ae LOLe MG. YA OLBS Ose, Siig a ss cures mardi oS. 1088 ASHES: Hepoevcrin boxes prohibited. 075.0. ok cas ose os 306 Pama te anicear Ol! COPME hit, 258 a's d eco gti orale a ei aunt 316 Bs OE OMRL OLD TAROT Lia's <5 ain Ais wet ae cAISSaew nee oe oes 344 REESE TMMEECAS Ofte oh 55S oe os V a.wieva aS dul cst taal etnies Rea We 350 ee eee ALL PILIRY. «25s, «ou nynsiele tier ae aia weave 472 ASSESSMENT—(See ‘‘Taxes”’). ASSISTANT CITY ATTORNEY— (See “City Attorney”). ASSISTANT TAX ASSESSOR—(See “Tax Assessor’’). ree N La EUR OH) POLICE 6.2. i o.0,. ects eis iene ee eve 298 ATTORNEY—(See “City Attorney”). AUTOMOBILES: Bh te EMRE YORE SOIL, ins'y 19h ahora soi Sale piss & Obfs so Rte 475 To be REMPteL OTE MMe teres 4s halaitre «wiv Ate alan taiel oa; Sore 475 Alarm bell or horn...... BR get arte why onthe ne Sees 476 OEE ac Go Aa PO ee re ae ela t 476 ir emrmeM Alar E iO U Least. « Go's Se scams aia Sam ce ees 476 DT oer ty TUG MAIC aid cbs aise oetate, «0% o'v.8 pie eve cti oie ove ee 476 ae SST MCV ER See TMC (ai'ats's civ? < aiale’saetsty. o dieisc ions esl feta 476 SOCIO M Oe OLMINATICE. 5°... hiwivlereie este oslo se dws a ae 477 VON IN GS ——=T1OW ETCCLE 5 oc. ck ce so ielbigd ot iele wie ee ae 510 POM eT OMMVLGA STTCCL. 6. chee nub haklm sa wees 511 Ee ACCP ns ML EGN, L.”. afile. sigue pee sid ieg ieee a vin os 949 Ona NILA UO VILY oA. 0% nod Mialiorole @-a'e Gell # nite nctelet 478 Pees BONG Ase CCPOSILOTIES 62s ., elk es ie ae kee 258 Penne COLLIER. CO. CONTRACT oo fi. ie. fou es 1090 BASEBALL: Re tEE ECR Sgt crv Vig ee eit anice a: pickets! vals am opel ous 482 ESTA © GE OGRE ACSI se rane Oe See Pe are ee ere Mari aT eso Ags 373 OTM RM AUSIG (Wet ah 05 os 39 1097 SECTION. 171 118 667 1098 GENERAL INDEX. BEER WAGONS—Driven on Sunday...............06- BELT LINE—(See Union Railway Co.) BENEDICT, WARREN & DAVIDSON CO.—(Contract) BERLIN :COAT,-CO:—(Spur. track) <.2.20% 20 wiles eke BIDS—-Ad vertisememtyiGry oi. 5 aioe shores nore ciate isusteiaine xo BILL ‘BOARDS—Speciica tions Vo oie ss ae a wales oe aie BUD POSTERS civ itae iegecehe batts: oe) b edeceteial lg taeearceeie raters tere? BILLIARDS: Billiard ta plesin ccc «oe wom te ale aii alee aie rene wou Sunday. playany Lj. were oops hate ar en eam eee BIGY CLES. Ge)tiseois oe eit a) ove yes: pases baat re eangn eee eaan eee BINGHAMTON—Sewer connection................0.. BIRDS—Killing woke ts sue ee she is okey ieee aes BIRTHS—Reports sto be made.) vie ere ere ee BOARD OF FIRE AND POLICE COMMISSIONERS:.. (See “Fire and Police Commissioners.’’) BOARD OF HEALTH—(See “Health.”) BOARD OF PUBLIC WORKS— (See ‘“‘Public Works.”) BOARD OF WATER COMMISSIONERS: (See “Water Commissioners.’’) BOARD OF COMMISSIONERS: Board |. crea beds) epeinaats ee Cis etree ae teen eee Bleetion sec: eee a a fhe Wigs e/g eae een To hold no.othersoficerivry 4 ence nee G oer ere Unlawful to promise employment to influence vote Powers and (duties: > views spe eet newer ee LO Sign CONTTACtS 7.2... sels sues WA eels Ree Shkeaan Taxes-Right:to levy cu. ni nu .isss, nko as wd eee wich nie Suspend “ OFMGSIS. £6 sare we cca us 2 wis eels Mars adene epee eee Mayor—Hlection 7.40 sci lteccs sn ons eee a iene Right: of appeal ecncieie wavs epoca ermal emer as Departments: classified <5 oi. iw viv «case cats clone meals Oaths—Right to administer... 05.2), 0s soso bie ww ws Scope of duties fps eo ie ee ae 3 PAGE. 468 866-872 1047 650 547 373 373 468 373-478 952 512 356 184 185-200 192 197 185 198 200 195 185 195 186 195 189-190 SECTION. 598 1323-1333 1102 862 599 647 [72a 314 258 258-304 279 292 386 272-273 GENERAL INDEX. BOARD OF COMMISSIONERS— (Continued) Members exempt from military duty.............. me LOW TLIC 6 teh alae, cd Darahcigs «a gts veraatetn de aa PRM MEETON © OLNGCO yc o'ss oslo tater te go binctd ween ead ol a ONS OSS Se ae a ie PRPC ua A Wie Bi Bree EPA eS COMPENSRUION © sects sos aie;s us ace Ce etere ahve e diabere Elect city officers.... aleotneg ee ae ee Pee a ae BOARD OF EDUCATION: PaMMrerritee POTN. CLC wsit sos cidpele edie saa dk ele ee whale Bonds PPE CER BOY Cee te Po ws ely. a alas & v wlghale Merk esta cnt SCS 18) 0, 0) B10) 0 10) a) G6 CO 6 8 Ord 6 0 6 8) 6 6 6 O48 (G6 O60 s 0 0.46 @.€ RIPE TONV OUR oe ak oj. Gin ti bos Oaaad tee arian ie OM aie. CUILE | DYODCTEY o's. os u(a's ace coe elutes inte woe PIE GUSD a Oe 2s) ei ce 9a chs ann's water's UO Walancts uety SNE UTIRM fas ols oid, us she: s asdnatiy 6 470 # detie Gs waar TN palaryoand DONd Of SeCretary.”.... 6. ees. we eee. SEEMED ORICOIN a. a Pa%s t/aluls, stam s « aiate Ge a Sore arte Pom er MeCOUIIINSIOUCIS 5% 2 dl's ce scale Cotes es cacpe es Pe CEQ IULOOL LTCC 5 5 vs slated bie Wo: vary. aielw ine ta 8s School fund—How apportioned..................-. 4k Oe Ge ee PIPED Ai Ranh ete c ota etude tenes istater ott: Reports—Annual tae DEA SRP MEER yl St sch dope) ses ia sth axe eniw ls ay « Me: erolate« eae LVUIG SLO ura it ws State tetas a otetogig state sles’ oats wien Separate schools—For colored.............-.ee00- Rae eee ers ah «os aia dn clavate ae sceacalel wie sabe, ¢ USP emCOMELOCTILOT Vo istela ls inte sry iets *e'<,en, 6 Atarate ibe abu Rights of children within one-half mile............ School property transferred to board............ School funds -transferred to board... 0.6.00 ec. 2s eT POM COLE ICOLN aiid oak s¥ ren sucker a alike wae SON he eecerrererereeer eevee eee eee eee eee ee © © O° 257 162-166 163-165 160 163 166-167 167 167-173 167 168 173 247 - 247 247 247 1099 SECTION. 306 274 212-218 213-216 206 206 213-214 * 215 215-223-236 217-222 219 220-239 221 224 239 et seq. 1-2 1100 GENERAL INDEX. BOARD OF EQUALIZATION: Election—Duties, compensation, oath, ete......... RULES --GOVELB ING icin mc eas'cja wie ttahe ore lee ee erase eet ee BOARD OF EXAMINERS, STEAM ENGINEERS: Bond: of ‘superintendent... iGroaw nee eie spore Camels Money-.collected. 5 (94... 5 Usmaieuace ei hainuee rem Election=—Dutiess: -6tGs, bocce lave, shots eats eine em Bond “of. Seerebary conn se ci suciee tse ieee miearete CRS 44s lamas a's Velechial aha, oeal 4 tel plas apes ts hctee ne nes as aaete ee nen BOARD OF PLUMBER EXAMINERS: Members ‘and: teri: sicicc-0 sss statiwlneie cretereieaserere eirle Organization, :~ 555 0 Wass v6 5 ee ie oars meget eens Meetings *sieedo cc ees oe teoee oe ee eee eae ee Wxpenses ol -eense 7.1. isis ras eee uae eee ake BOATS—(See “Wharves and Landings.’’) BOARDING HOUSES—Prostitutes brought in........ BOTLERS—Permit. to) "set\ 5.2335 ss re be is eee ee BOILER INSPECTOR: Election, ‘salary, 6G. 0.755. oss was ates ole senate ieee Duties, powers, ¢ CbGcnen sieved oie eee eee BONDED -DEBT—Statement Of-j7-2)).\.5, Sas oa BONDS: - ACA Y HORBCOLBS ain e'e ke bs Ceieie oes sa yee een a City: -depostbor yin i). oss lamia es ree oka es ‘Licket “brokers ‘and. scalpers. 2a. 2) 2s ce spices Sa ame Street: commissioners... 45.05 see eee Gee Superintendent water department................ Secretary of water department.;).....s0- 90a teens Water “commissioners: 24 c)< oho hs on Sains ak Water: “ponds. a7 Sh oe ae eee 136-689-728- Park bond@ar 3 ccc eee ee ee ee 155-150- 513 269-270-567 187-269 268 191-257 258-259 640 652 684 685 682 732-735-740 153-743-748 SECTION. 104 39 GENERAL INDEX. PAGE. BONDS—(Continued) SELES eeIMIPTOVEMOENG, 0c oe esc s ale wee es 46-99-117-751-988-986 Pers PME AL PURT UC MIOELC Sisetiyt igs ie aciy. duets weed onue eee Phe se 758 Previa em DUNG y OTUINANCE. 2.5.5 oe vs sees ses weiss 46-673 Eo LENUAOTIAE Ge ce gil ates nna sno sod ss eceo sig a a:'e wattpi e's 46-121 Communicable disease hospital................4.. 46-121 SSAA S WOO S@ FENG BAS Rage la ee PI ea Pap ae 89 tee ACRUALUL TREO AL byte ee.. cis oles Satisa's acs Fs « b)s 130 IRATE gS OL SSS ce eee, a eee 168-171-174-177-178 Be MPLS ET iran Getta tins! G ok. + cre eu Koalalera’s a + 6 197 (See “Front Foot Assessment Act.’’) BOND ISSUES—To be approved by voters upon petition 198 Pe POV eamCIvINS HOUSER er Ae snes s deed nance ee 588 BOND—To operate drays, hackney coaches, etc........ 459 UD REM N GOS ot STE ie hare Gi air ean ee 373 er ese ee OTM POM caves bl aces eee shee ec eee 512 ey ees NIM —CORITYING vy eo slv ys ss cd eases ey eee 479 Beate et Bert RCCL EO IE ya giecc duke aac yie sins os veep eae bee 386 BROADW AY—Law. as to subways on................ 998 Bree Pr eer RAN ce see Sieg arse a g's We lece-c eo oie 8 © sieve. 374-383 eee ye MAIL OUI at opel yells ose ws + vip 0°46 Vise 8.5, eae Bio SIU SS MEECOAM EN clips; Vicivis o vlc [S's ¢ 60 sis sae a wae e's 388 BROWN, HINDMAN & HUNTINGTON CO—Industrial Fa ee Meee MET os Soh 10 = ja\5. 81.4) Dhavi ml 6l'sjs 40) os a)'0) ©” vei 895 SAGERSC SIM CS ged OY The ed Oe) 0) De P 304 SSE Gd ea A VILE Soot als 5 ee scales ose S's iaia givin so-so citte doe 88 BUDGET—May transfer surplus from one account to an- EA yt 2 AS Rechte Bele AD Sa AS Pe ae eee Sa» 200 BUILDING COMMISSIONER: RIPE MEL MM IAL YE AOLCS: Se) hia 2) art Sin ee ive ole 6 os 5 ehoa le 187-521 PRigitiel lard, pleat ente tia Aye Reread Gl A Pe RS ea Si 258-521 MLR Ve LEC UCU eats se! pies ergave. f= Bic Uie'el wie le bia eve ees 0 5's 261 PoES We EM MIME aeRO Pattie ic Bese « ca) A «(ole a tale (PGrocS ae aca derek 521 PLSVE GILG TG ERTLCIE ORs 5 ares) cisia aa Glv ca) do! Scshehe. deel af 616 Shalahsl wtaletons 595 Explosives Mees St aC) othe. data ek shee nk «a ao aust aes 605 Fire district extended—How...............2.206- 541 aR RR NERA ES 2p Sahel 6 a6° 0 nh 9 oho: vice. hal aol suet oreek ae 589 PERCE a. ticity ata daha ty cis). oo syes sre er etaue Sinraieuae emis apd 324-583 aR UORIIORO DET OOG civ.) io. t oye «a iso) os ye! ool Soa.b. ae Merete 524 EMAAR RIT EES coer Ditto coe Sat ol or a eos ons ows og! heteae See 530 Pre DLOUL Me CONBLLUCLION 6s: 2-i-vsisoa » daht sersianete ore aoe ohn 536 Fire districts—Buildings to be fireproof.......... 539 (aT Ome CIsEEIObe—-n- PTINOCD) es dhs ¢ Npield diaew svete tay s atstaby e'¢ 540 1103 SECTION. 988 995 1022 1038 1002 199-4 199-318-656 831-832 695 833-834 835 848 910 971 1027 1026 699 818 864 874-875 880-893 975-983 1001 1033-1034 843 990 204-972 817 833-834 37 838 840 1104 GENERAL INDEX. PAGE. SECTION. BUILDINGS— (Continued) Fire: distriets—“Middle” se... eae ON OE IE 540 841 Bireidistriete-=VOnver cise se eaten eens elas eee 541 842 Hire plugs Obstructions aca. 35 wns cantetow am cienee wpe 542 846. Fence—-W hen required oi 1055). cae cig as orehe or elaine Seat 543 849 - Hounda tions: saSes atae viele ia cae saw pasta a ee ees ig ae 552 877-879 FUMES @ ose akc nae Oe ayes es ee wists OR etn noan aOR Reem enna 566 Furnaces, OF” SOME. CAD Lesa niered ne reeear eae eres 567 922 Hireplace “\..03 0 ..c7n eis ety tk ea Tiree nee eee ere 568 as Floors—Computing Werghb ON..csniie sm ce tones 575 948 Floors-—How: constructed: (aii as. ice pase iat 575 949 Bigors=-\Unider- Tloore airs. ain sweiy Cetera ae 577 953 Floors—-Openities. through) Wiha cgi 578 | 955 Floor beams anchored—How ...........+e.e000% 578 956 Bloor Or. roet jOISts 20k so wi acim Barus es et meeps 579 957 BUELL 1 her ie ta Diese wheeas att ooo me oder wav poe lode 579 959 Fire extinguishers.............6.+.sseeeseseeeee 597 1009 Purnaces--Flot. air aioe eect st eee en aera 600 1014 Frame dwellings......... Pee Re are hres 602 1018 Fenees—-Heeht “Of .07./. sisi aise aie eons ote tv one one 603 1023-1024 HA GStAIS: laces nett seeks aos elie es me te ee note eines agents eae 603 1025 Fineworks diss atc aee eat eee wivtiit wa Aan pS aes 605, 1034 Gui ters-—Obstaueliom: OL noi. asin sy strace wok eye 543 850 Grain StORA Ges ack Acs aesaews tetas ve (seers epee da vent teredotee 548 866 Grain elevators... 2.6.2 espe eect eee tee tee eee 546 858 Girders——Ends Tor, 600.3 \i.05 Saw. Ma. seed aan ees 564 911 Gradients (2.6%n6 otras eee eee a. es 593 996 Heights Of spurl dings ese went oes e a ues phates ale 539 838 Hoellow:: wad bar yiaho ee eile ie wie eeeam tule ae veh eas oeeiens 558 889 Hollow: tile «partitions... csr sen eee wa role 565 909 House mover—License and bond................. 587 on 988 TUS ADLUALY <5 2ricoeereecw aes heats Gap oie oS wah ek te ip at 321-323 199-201 Inspection—Notify commissioner—When......... 527 825 Tron=—Struetural: 3 we Sess ew cos eee ean I ee 538 40 GENERAL INDEX. 1105 PAGE. SECTION. BUILDINGS— (Continued) | Uioahl) CELE TS [pp gti ete er ree ap ieee re Sole IW eon area tia 538 40 Inner fire district—Material to be used.......... 546 858 et seq. RemEMI TA ER URICIN Gs 6.5 so ahs aie, os Fae mae ob ae ate ho 548 866 Jails—Kept sanitary .......... sence eee ee eeeene 325 208 Papi VvenenLObe placed 2... ce. ve sso eee 543 852 ere IGS TOF Rays 5) s.006 are fa 'e18%0 ns bleeare Sted ood g os oe 556 886-887 UGA T GPL 2 AS Ae an Re gM pene PG 598 1010-1011 as WAIT MTOR TO Baile iy) ofa "slat ofeach das w silted 2 Magee eee 587 985-986 SU RMMRESE EER MMMM cleat Pasir a. ox, =) oss, 4 wlp'o)'n! haley 0iet «14 k's ayo ae mi oe 531-604 834-1031 TE MMAAL LSI iiss, 0. 186 Peer OL I CODM ele fare alti shacsis +5 s\% «iu alsh sare a's a se 259 ESS) oh ocd ine RR Ga oe Rae ne 295 Pye PCR LICAAL NW OLUMANGES g)nof i ws 9) oie esse eee sees 316 ee Veron ME Vin LLU Haoltess «css Ses cle cles sec tee 397-1085 SuoC ay SOR LAHOMA’& GULF Ry Bio... ne... 1006-1086 OPTS on SN ce AE en a 352 NS i SEN MANUS eGaee oS Coglines Ck e a 376 NG REUSRSIES Ss one A Oi tS CON AE ar a er 376 cl EVAR NSE oe ot 2) seg ye OE eee eee 41-322-351-479 ee Nee ees yer a VY Os CO. Faas eels ois dees oe vile w ne 1082 RM OT DLR AIN | Leen Eek COs og, vis. sje siete os ce oon ve oo 1081 Pity Powers tOnkGep ) ClEAN . 5. '. 0. seek cee eo ee ace 41 | Bet) eID PaCMCG LOS) cnraucettiaei sate esa sic ¢js zs <0. 4,2''s ais quele 41 CITY ATTORNEY: Milecetion mauaiUiCA LION, GbCi, 5.) 203 peek sais 80-200-201-186-264 Dheres TL) MEO g eiial'cliy Vad 'oiaa(', Shas siip bile ones alais ds eine w 0-2 257 TPMT OG. = 0 S009 co leper oa eS) SPC Rea Se 81 ROTA aMt teks os0s 4r- ducts ati arsts) dae 'piere sie dp 6-8is,0l ale Hoy 0's 80-81-192 RL PaR VMS CIES css os «vse acLete/ laa teres \ odie Bw Sia! dies ofa site 81 ABSISLAaNt CILY ALLOTNEY .. 06s pc eve ee ewe ee ee ees 81 CITY CLERK: Hilection——Salary, ete. 0... ccc sect poses eaees 186 Vacancy—How filled ....... esse eeeeeeee serene 192 1109 SECTION. 50-116 4-199-295 655 2 94 93-97-281 96 95-96 1110 GENERAL INDEX. PAGE. SECTION. CITY CHEMIST: Hlection—Salary; 70tG. no. ae\ateene ite we nite erie fatale 187 265 WACANGCY. O50 cota cht ant nilnceece ts cpt atalees vote tetas tenet aeeaeite 192 281 CITY COURT CLERK: Hlection and qualification 7.06 soc. Bc athe ie eee fe, Ly OS RB LAT IVa ip2 avenaiy eared cottana ots (Ome ye Ph ie ene inane da heal ea ee 88-89 TROT oracles ieee tase cathe ie tas iy pica co eat ve ene gO MEME ys none tale tale ene 258-79 2-88 DGS iy sic oe ino ouant tet easiest athe seater ene ee ate 79 Soi V QEATICY i iiave'dse ele a Rere wort broirees cae wha wale tae Cierra 80-81-192 91-97-281 Election (COMMISSION LOFNI). tes yen cote 187 265 Moneys: collected cs055. si Wa. sce cere ats tae meant 261 12 CITY COURT JUDGE: Hlection, qualification, duties, @tG.i< 0. v2 eee oo U1 % 81-82-85 i bX): nn nM EL WRINOA 2 ARN ORS Sate Get | 77-78-94 84-86-125 Commitment, pierce we bp io aad iaete 183-200 262-304 eter teen ect SS Cd «94-5 is ins ov os ocpisre Nes be 0 186 264 Ele EE Be Palisa, cu ci's ee ets) si fp incide «a. a\'s b wisest a eer alaatd 186 263 foe TOON MR MED hares Solos ss Xd ioxs ise vais 6.0 50 ope otoierate’s 202 310 Ppa MUM LIC ACL Sra 2 dicts nnn sss a om ws daar ad Win woo ea Bie fe 188 267 SO PMIMMLIS DRE CINCIIG, crocs wc «ie os ss cays dso og eiolalsore 188 267 SERRE EDC ett haar wig ds 5a oS taal a'x'ese 6's cia avin eee 195 285 COMMISSIONER OF PUBLIC UTILITIES, GROUNDS AND BUILDINGS: PEC TIGU MRO einlia Dia sao 0ie oC ot soe POO Sr i ee ee 183-200 262-304 PCT UCM bee LL SRILCC ae 2 ioc s Ws pu ke dates vice! sie's 0 608 186 264 SO 4 ae ROR RP 186 263 re em Eerie WHAT CITUEN Gorey one) sp l> sais o\0 eels 0) ai yhe, nies ae 189 271 COMMISSIONER OF STREETS, BRIDGES AND SEWERS: aT RMP Toei gta Sats ss Sh esis Sa silos a a ohh eave es Os 183-200 262-304 Sra EIR CH CLABSINEC as ccty 205 sisiFcn «0's s oles ees Ses eis 186 264 SO MM pT hie ALG a autnces 186 263 BCU MCmr Im CODALLIMNOM Ua cherie y <) vied divine eS oie we ewes 188 269 eR TOMI ERs ght asec efecto ths wy oe 8s S38 whee Sa a 195 285 UC UIMOD DNS ot RA NS) 5 Sn ee ee 202 310 COMMITTEES—Mayor :to appoint..............5.06- 368 350 COMMUNICABLE DISEASE HOSPITAL.............. 46-128-129 8-158 CONCEALED WEAPONS—To carry................ 479 654 og HSIN eB) sR ea Rt oc 375 Pon Greek CONSTRUCTION 2.8 eos. nes 606 1040 et seq. Poy urNNA TION OF PROPERTY . 2... 2.0% sence vis 208-443 327-513 Mt POE LNAIN OLS eG yitis hrs te oe a a ste eh eae ae 840 Art. 81 CONTAGIOUS DISEASE: Remove: persons to Dospital.. . oi. sty sae cece 314 181 MICELI CO La LOT I gis), aces 5c 4 a¥s «ofa plein a eve pelare’ 319 191 SCRUM OG TOBE Sarg rss Mitt si iece tien fe, ole sie ies ecw aa» 352-353 298-304 Me CNERBOMP TRG CMC Une alec a yn fy «aim wi'os'sis. 8 9a, site ws tka ne oe 352 298 1114 GENERAL INDEX. CONTAGIOUS DISEASE— (Continued) Death from to be reported..................04.. Railroads. and vessels ‘to: reporter... oss caus eed Hotels and boarding houses to report............ Persons or articles from district.........¢....0..4% Person. not: to be removed—When...........:.0.% CONTRACTS: Advertisement—When and how ...........%...% A WATO, OES FE ea oo ratte wieciaie aia Sete atietelia eth ce PR Ee cee renee Board tO 581gn oc,500 hese is wile wi scene die teen Lees Ma yor: to :sion casi et aaa nee es See ear as With railroads—Have effect of ordinance.......... For public work—Conditions........... Sincoetaabetee Council members not to become interested in...... Disburseménts—How * made i. 50). o40 sureties Officers not to contract with relatives............ BY WHOM Approved iy uo. weism eis haces ane en stay rene anne 1% conform 60 (aeb ies ne i eale en pentane ane As): Authorize rejection for inferior material.......... Forfeiture: clause: 7 (i icx' cs, sine eerie Oe ee, rks tees Limit.liability: to! department wos) oui coos wee ee Street paving ow se whens cede ihe Ah eeaneenre Rents——How applied wanes ac dhe ed a are ereenie Power. to. appropriate’ funds s..); Seva cieus nee oa eee | CONTRACTS—WITH FIRMS. AND CORPORATIONS: (See also under head of each respective firm or corpo- ration for complete index.) Artesian Watery C0,c5. ah ras uae ree rte eee uueanats American District TeleprapheCor eG cana eee Barron: Gollier = Cosas orca techie tays net ate eg eA ee Benedict; Warren: Davidson (00; >. 70 ope Clarksdale, Covington & Oollierville Interurban Read lay. SG Oe neh tira arcana mate an tates ok ee tere eas Rear Cook Brewime Cor on yeni ee ae ies aaron 55-63-198 64 198 PGi Roe Le ip 500 650 49-63 54 58 ' 63 465 466 466 466 434 467 65 1088 1090 1090 872 849 1066 SECTION. 299 304 303 306 310 24-45-294 | 45 295 68-293 vz 1102 14-45 23 29 45 584 585 586 587 487 588 49 1333 Art. 83 GENERAL INDEX. 1115 PAGE. SECTION. CONTRACTS—WITH FIRMS AND CORPORATIONS— (Continued). (See also under head of each respect- ive firm or corporation for complete index.) Perera MADAM Has It, CO Bic acy Xa a cletels the Sk So leiale 1081 loth ES? ot) ape wa Sig ide O70 Re ea OR 1082 Chesapeake, Ohio & Southwestern R. R. Co......... 1082-1083 Dae RC Riera EIN fk cide bag ala leieh ach a’s Pacey 1090 Choctaw MONOMERS 05 6 Se sie wale ai 06 bias ead 397-1085 Cnosvawemanoma:& Gulf RR. R. Co... ct. cee ek 1006-1086 Choctaw, Rock Island & Pacific R. R. Co.......... 1017 SE are Od Roce 6) Bo ee 398-941-944-1040 OMe ea we COOPerages COl. te eee we wee 397-1091 ERE UMIEL LLY Vn OCs ohn sss ops 5) ol 3 4. m0! 35 oe alee wae 1087 POEM LCL ACG CO. cs. slaw aise om ese wine = 1089-797 OEE BITS OUT 09 (0 OM ree irae eae 398 Pee IR OORS Clonal ihiy 6 yo reise as 8 8 vi eleele 8 ees 6 1091 MPA IAM OCALA De tit kis GOP. so. oes ns 877-1078-1079-1082-1084 U1 LOST Tre ea ek ON oe SO ea a ee 1079-1086 PammeonemOund Park Ky Ri) CO. 6c... 6. oie oie os os 1081 Kansas City) kK. R.. Companies....0.......: 997-1043-1086-1087 Pe PS pO ST an Os een a ee 895 Louisville & Nashville R. R. Co........873-1026-1078-1079-1084 Memphis Asphalt & Paving Co.............+.50- 1050 Memphis & Charleston (Southern) R, R......... 997-998-1087 Memphis Street R. R. Extension Co............... 771 Memphis Street Ry. Co...761 to 777, 792 to 797, 1080-1081 Memphis, Greenwood & Prospect Park Ry........ 1080 Memphis Consolidated Gas & Electric Co..........- 816 et seq. Memphis Hlectric KR. R. Co... ui se awe eee’ 1081 Memphis, Paducah & Northern Ry........ Bae es 1083 Memphis & Little Rock R. R. Co................. 1085 Mentpnis *haght & Power, Go.) i. aj sieis sy ete ole 1089-809 Memphis Telephone Co...........-ceseeeseeeees 1089 POP ON AMBRE OW CPW CC nyaee ial! haa lg alan chi enaie ele tal stv 831 et seq. 1116 GENERAL INDEX. CONTRACTS—WITH FIRMS AND CORPORATIONS— ce (Continued). (See also under head of each respect- ive firm or corporation for complete index.) Mississippi & Terinessee Ry. os). 6. cco a 6 wets eras 1082 INS OPE SG. gy ay ncbencaaes hss 864-1023-1043-1047-1078-1079-1088 Newport News & Miss. Valley Ry. Co............. 1084 Postal “Telegraph Cosa ic0 st. os oes spe eee : 1090 Raleigh Springs: Re. Cos. eins. semis eee aes 1082 Reed”.d¢ Dueekker (ai ict eee ae ee tae Hee 1074 Sts dh. oa. Ry RO eink ie a ees ates 895-1043-1079-1086 Shea. Dag ee a.4. oe hceln ate eotyen ra wee i ane ar 1068-1091 Southern Paving’ & Construction ‘Go... 0.4... 1057 Strong: &)\ JOMOS i. 85 soe cage ye elegy ote anole Gaeher aye aera aN 1071 Stemberg \-€o COicvwic ar Nace proiaapersteceeomia: te etre treuranmserrme 1076 Springfield -& Memphis® QR.) hs Corio, te. verte ea are 1087 Southern: Railway Gos csalsieese ok oeecies wane eee ae 1080-1043 Tennessee, District: Teh. :Gosk.s 8) ic7.) bie teers eee 1040 Tennessee Midland: Ru Rut Cover ters tte sae were 998-1001 Lennessee- Southern RoR. Co... 0). carve ereue sees 1083 Union Railway Co. (Belt Line).878-997-1043-1078-1079-1088-1091 Walla mig’ Gia COusk heise the tieheuee 9 ee eee earn reer 1091 CONSTRUCTION: > COMP AN LES (94 i205 n05.0 5 Speco teers 378 CONTRACTORS—Secure permit to use water......... 506 COOK “BREWENG, OG)y5 cates esi aia Ee 398 CONSTRUCTION OF WORDS im) cir tis «thee mera 201-316-328 COTTON “BUNERS: tpl yak aah... San Pie ierantiae eter ee 379 COTTON COMPRESSES 2 oca soley eine ees oe onan 379 COTTON, SHE DVO WiE Lie = ots cacy ee ee 378 COTTON “PICK BR TES oo) mecoenenrs dpe ass pears © eae eae 379 COTTON | GENS tat icp reais aiena sera rans see ae rn 379 COTTON OIL WORKS—Forbidden—Where.......... 518 COTTON SAMPLE ROOMS—Fire extinguishers...... 486 COUNCIL— (See “Legislative Council.’’) COURT HOUSE—Streets around deeded to county.... 957 SECTION. 755-756 774 680 igh oe tes » GENERAL INDEX. 1117 PAGE. SECTION. RN mths ELT UOT SS acl oat oh cr 52a n'a one: deh cence ord eceile oeees Sar SME em Re es Dore 4 oo, 04 2 Sak SG a 0b w boebe cap opthe a 1090 Br ty em CEL OUR GCC fs pos vid orale vv oss wee meee « Here wese 333 230 Sioa erONs Ol CO. 6. 6s ol ee ce ee eles One 894 CRUSSENGrs+—Vehicles left On... 1... eee ecw ewe nes 478 645 ROW Ds -Collecting On streets 2... cd eee eee 473 622 eRe ReY SE DC IREOIN LIVEA LISS oi. oe oie eles we sb vse acess sis 471 612 DAMAGES: DU GTSTCE TSU 6 gated tek ere a a Lie anh ee ae 209 325 DEAD ANIMALS: PA CPOCEPULOW ICON) SUTCEL.S . his bee ee ice eee teers 351 296 Peer Ese I NLETIMENY | ose. eee ee ee eee eee 355 310 Pe EBs GR DOBCU iis. c - cis.s ive ose es see ttle sa oe 356 313 TEP 1 Pee ISIN LOTMIONG: hea ns aces eee ne ei oes 358 320 DEALERS IN SECOND-HAND ARTICLES............ 381 40 DEA LHe —heports. tO be) Made. . 2... ec ee eee ee vee 356 313 DEFINITION OF WORDS: (See “Construction of Words.) DELINQUENT TAXES—(See “Taxes.” ) DEPARTMENT OF ACCOUNTS, FINANCE AND REV- ENUE—(See “Commissioner of Accounts,” etc.) DEPARTMENT OF FIRE AND POLICE: (See “Commissioner of Fire and Police.”’) DEPARTMENT OF PUBLIC AFFAIRS: (See “Commissioner of Public Affairs.’’) DEPARTMENT OF PUBLIC UTILITIES, GROUNDS AND BUILDINGS—(See “Commissioner of Public Utilities,” etc.) DEPARTMENT OF STREETS, BRIDGES AND SEW- ERS—(See “Commissioner of Streets,” ete.) Gel UV LA PLAN GX 6 tert 6r.l. lc p5/> odie hte a OA SEM Das 381 39 oo SESSILIS 5) 0 7B RS AN, Re RS a eae 381 45 1118 GENERAL INDEX. DIGEST—When.-to be. published 322. os). Ss. aie eae DUPH TEE RDA yityh eae ects wictae a en on cece perenne Chae aa DIRECTORY < COMPA NEES so cinta me Giee Seena ey tio ae DISEASED ANIMALS—(See “Animals.’’) DISINTERMENT ‘OR sDEAD BODIES, 2) orea eects DISORDERLY HOUSES: Right. to. suppress. ce. Cs vine wears lense escent eet KReep ing * is ei iitsie ninth oc baste Mae eR aes a eam DISTILDERS yaar ey. ee Sean ane ee ares DISTURBING ‘RELIGIOUS WORSHEE 2. cannes DOGS Unimuzzleds a. soe see Otay keene aes eek DOGS—-Ordinanecesregiwlating 2. uae pict eu neon DERAINS——House drains ayo) oat ave e re DRAINAGE——-Through: private property... 2... sv... DRAIN PIPE: Lobe kept tree. Ag war etrersi 1 cen reenter Construction. cs he a re ee - DRAYS: License! tO Uy 252, a tecers 0 cates eee ee ees ae eee Bond) ‘required oo. 2 tit. ce Fase eles ae eee Nam Bers s AE ee ace lon. ip ae ae ee DRIVERS: Vehicles driven 00: Tight 25.0.4 te ole nee ea eee Drive in. walk—_When es: Sloe See eee DRIVING. CATTLE ON STREETS, BUC... 5. 2 DRUGS=—Adulterated oii ne. 2h) nore Wena lee eae mens DRUNK: Tn public: places. auc remiGarsa sy aed ineh toons Wye anne ANNOYING . oe serene seine 309 Penalty for violation sii ce cca tates olen state 310-312 Rules and sregulations so es Ret ayes 310 Inspection 0... Stk. ein enetann a cee eee rane 310-311 Alterations ' © 5) ise autre lk cee Shea aaihe serch acuar aes in aes eae 311 ENGINEER— (See “City Engineer.”) ENGINEERING DEPARTMENT: Duties €teey os eee ge a ee eee gd ace ee 265 Da Ors ics i cis ancy fate Wm eae Re Me at ee ene ee 267 ENGINEERS—STEAM ENGINEERS: Theense,.;-qualineation. 2 ebc; ct. coe tae 270 ENTICING PERSONS: TOSTRA DES wir. scree ee ae 474 EQUITABLE GAS: TIGHT: CG. @ cies oye eee oe 1078 (See Memphis Consolidated Gas & Elec. Co.) EXCAVATIONS: Uneovered: 52 aia niet aie cae arene te ieee ea 479 For ‘building purposes:23 cesses 551 lACTORIES: Erection prohibited—When i302. cea 40 SOAP rhs arcane: ois onsatsaaic pete alo adae & ery Metatcamaee atte, 40 FAGSE-RURE: AGAR IM lie op carn adit ote came eat 473 VAY 85) OO. oe6 aise! ug eatin tc ihc ota Wie eon occ 1091 SECTION. 1258-1260 1279 1259 1261 1263 1264 164 165 166 167 168 169-175 - 170 172 30 et seq. 37 46 et seq. 630 655 874-875 624 GENERAL INDEX. PEL ate OV A LORS ecw ee ce das assy aceelee s FECAL MATTER: Perr PA MEUBECCLT clei c.ctors Sjeie a aValeie a0» 4. 4 die sie ow ease cot PIRMDING ei Vio Dp LOCK IN STREETS... 00. ous. cee os FEES: Inspection of weights and measures.............. Inspection of articles not enumerated............ EGE CRIES nts tale coves diag Ui aieis's 6 wi csie'e chars 8 ada ' FENCES: Bee ENR TLEID Gelctats cote a x ec shoo es his oid tale ww ee dar g POISON Gs, codaleeey Sentient a a ge FINES: Ribs eRe ie GEVEMED ONS agen ct as) 6 dyes 4 a 4d g'ate cca ales ee JUNOT! OLN) YEE TG mie dS es aR MEMO TIME DEIG! OVED, GUC. oy oic.e eo ode wllw vee 'el clans o's Peete ot = Hit) Weeks Gel. cle sip c Ci s-dslacs’w hs Clee ues eee FIRES: Blow up buildings ANSE ECORYS (e/a Wiehe Sache) tere wie at 4 RiParaTMrre TUTE VE fale love ares oie cts saa eins 2 ok es ROMER E Ot e VS CLC si20: fe jo asiie pie’ \sile doy sie Fos sais eee oie PoE S8L CSW Vhs) OF SAR lr a a a BSED MAG CONE LG ONS GE eo FIRE ALARM: Bier ee MRE Ae whee s fo: cides Ob oR alee ee ee Ss fog Bae Nokes 6 0 EA eo as a a PS FIRE DEPARTMENT BOXES—Interference with.... FIRE DISTRICT: SoaN INT SMM R ORME in SIRIUS Vee: Soak Sao lel, o 6 ae a oatetytet com FIRE DEPARTMENT—(See ‘“‘Police and Fire Dept.”) Py CCRIE IT CLO. f peas «ole oS ed wives entitle Uae etikas 1121 PAGE. SECTION. 382 50 360 325 481 662 279 69 282 72 382 50 603 1023 605 1024 514 776 52 20 94 125 199 300 307 157 307 156 305 149 306 154 589 990 473-301 624-137 306-478 153-650 473 626 546 858 540 840 540 841 540 842 65-297 50-51-1156 65-298-299 551-118-124 1122 GENERAL INDEX. FIRE DEPARTMENT—(Continued) (See “Police and Fire Department.”) CIVIL BSLV ICS LAG is codec nar eacwtaie elena Weave ela ts ahs aerate ecte Classes Bond: of Officers 7s sie ho aS sae ne oe oe Oe eee eceoeeveevee seer eees ee eee eeeeree ese eee eee ee ere Salary eceeveeeereoer ee evreaereeeve eves eee ee eee eevee ese eee Suspension IgG AT eos sso sale eine role ecole ke pede eat mele fe Oona Right Of APPeal ma vinio. palaemane sieve S eegne ea eee eee Not to interfere in elections........ meine UE orehe Leu ato Revenue—Hstimate of see eeceeevre eee ee ee eee eee oe oo Vacancy—How filled .... 2.6.6. 02 eee ee eee eee Elected according to qualifications.:............+. Reports ore e eee eee ee eeveeeees eee oe eee ese ee eee ee ee Money collected eee ees eee ere eee ee ee ee ee © © & ooh Oe oo Engines Ce ee ce} Captains eocaese ee see ee eee ee ee eo ee we ee Oe eo we oO oe ew ee ww Rules governing i i ed Fire districts ee } Watchman on duty ocee eee eer ere eee ee eee es eee ee oe Reckless driving Cr , } ASAT Sos pas pet hc os RIL eed ate ere a Blow ‘up buildings: tocarrest. fire 2oc.3)- ae ee Pensions FIRE ESCA PES=—W hen ;requited voc i ect pion a aneeet cs FIRE “HX TIN GUISE RS aie. site scrar ene ten leh cael nate oes FIRE ‘HOSE Potdrive; 0veriiiniic sc tec ein ot eee FIRE LIMITS—Right to establish................... FIRE AND POLICE COMMISSIONERS: (See “Commissioner of Fire and Police.’’) Election, «qttaliieation, Setes2 5. os fom ate tetian aae rare Salary. Pad ihe eas ws s Baas eee eee ge ra eae Contracts—Not to be interested in............... Seat vacated Ce i ee ee ] PAGE. 259 66-74-76 75-260 175-260-301 195 192 aay. 261 261 298-300 299-300 299 300 300 300 301 307 248-249 324-583 53-61 SECTION. 51-282 52-73-74-79 76-5 77-6-8-130 285 80 118 281 ea 11 12 120-128 123-127 125 126 126 129 137 157 1-6 205-972 1009 158 GENERAL INDEX. FIRE AND POLICE COMMISSIONERS— (Continued) (See “Commissioner of Fire and Police.”) Doe Oe TLOW ri c'aya, 4 6 ale n caje's cco 'c'e Geis wa sam a excte dhe UINGTSOREDES So Bele ae a a oa Ea Pen HL Pe POveGmsia aes: OTGINANCES 2. i). occ cus coe ee coke woes METI OOD sin tarcie’ ai ntare sg. sani yos-« so''s'bie"6 shan ye Hesies se PiasiMeone yy WIODCTUNY Pld. i... .ac sees a cle see Supervision of paving, drainage, etc............... Dieta TOY MAGE Lise oe vee aeseds setae Pete MRO OPE DOUCE iii). a clc s delet celbcc feed eele es BCL rOtiCees (aNd: 11% SAlATICS . = sec o's ove solves cece ens FIRE WORKS: POwAIseNaTCe —OLOTALC, CLC... sec ce cee meow UES gel a 8 oe EN ICR a a ge FISH: Peerigee tee KODE CLEA 6... i. o's cee is tee alee A ea aon aoe es. Web glia, Po siaras vip deni ge wiv we Cale Sone PST 22a A re ok i 0 ae eae a ere FISH DOCKS: EECA CUR! ac Ae 5 Deeley oar eh ta are Pe on CP DMM INS MLE Walk TOLDIGUGN th ccc. ce vee es ones oes FISH AND GAME—Vendor’s License................. FLAGMEN—Railroad crossings .............e0eee0e: aes IS too shige! wae > 2 KG 6 Bale mines & on oda as ‘ Rea CTL NON Bassa atone aralel et als ioe shal tha: eiaye Sheol eleva estuary oe FOOD: POUCA LOR MES iy Wales Chie nce cid «> ole tes a as w/e %h 40 0% nels PPOPINICUCGR MANULACTULE: 5-00 oe(a.a.s 0 + wale wie tive Kialeiets « Samples to be obtained....).....6..seeccesseers ee eee UICOr PLVEI! fen. 2 peas) cane bane se eypeenm er Uieound-—Disposition TihaeattreNaietchsusacrih srateiaase tain cota ee Diseased cattle, ete......... Pes siahates ween caedet sate i Seeeeke BO UNE eG EAI —-DODd is ja\s.0 ves ve ree one gipie go oc Ae ea et ON RGIS EMS Seas nc owiehe tis is Fain 9 in thc ney aia iS. PAGE. 41 1123 SECTION. 15 18 19 40 42 43 44 62 73 649-151 241 129 671 1124 GENERAL INDEX. PAGE. FORTUNE TELLERS ..........- Sot ee Sea 382 FORT PICKERING “RAT WAY (OO, 7 ie a tlaepyeats wie 902 FRANCHISES—How granted ........... fo hte ening a 56-198 FRONT “FOOT ASSES SIUIGN PUA GT icra vec. otra chute 95-114 FRUIT STANDS—License, Regulations, ete........... 382-486 BRIGHTENING HORS IS i25 caters: arta cxctoren ge tea be ete 482 BUN DING :AGTISi i sane ops tet aiiate ieecetarcs ete pa pa mle ace amenan 205 BU PUR BS. ter csi aerate weciince ne Yeleter easter lea tn ok ya ene ames ee 383 GALLOWAY “COAL ACO ey ages ateia te ernigin iunae ances 1079 (SAILS 3) ig, Zoe i ede phan at kee kai We ah ee ac nig Ce eta 383 GAMING JHOUSE: conn 1 6 se eo ee ears 3h age ee aN 40 GAME--Dressed 5 Ob@.) 609s ioe seek vee are etek Ailes nis eae ele 331 GAME .VENDORS——Licensé “aia alee es eae acivels 395 GAMBLING=—Saloons~ Sarin, op ale ee ge eee 467 Devices skepty pecelly vie vie os ones evengin a eas aan 467 GTN 727%. oc, cho 'e clote tate lel corey al saat i ne a ea Os ei Nae 467 AO. WEEMOBS iro tas Sarkar i iehe oh aust otome beep sme aneere teas een 467 ' GARBAGE: ; Mea nition: OL DGPS : Gi. inate state aie earn ene See eee 317 Boxes; TOP a eects Ate iaec asin eat ieieer et ee ae ee aan 344-346-348 Delivered: (GO sCatts, 7s see i nee en ioe ek eee 346 Boxes+—Putting paper .efe. in arts he oe ees 366 Lhrowing: in! streets, alleys, .6temsagea Gaga cones 481 Deposiiing kim sewers Jet ee es ves oe ie eee 363 WA PUSS 32 ER RN Sultanate Wen ei ain a ey kage aarp ager ae 348 Removal Ot sc tie ha eee ee ee ee 351 GAA Gr Th oes car dao ear aetel pear en an cet coe eae See eee Oe 372 GAS: Qua lity OF elie Si tie a wranees oe Rh ecu wa tee eens 808-801 Rate charged=—Discounty cits). pcre sttucnee a iehank 2 eat a 808-797 Meters Tumisned ici wairs vont gen sik ere re eae arya che ane 801 Meters inepecredt (vue age arr Wisco nt, ween: Soe 801-809 Serviced; Piper ron hay Beale ae eee ema ee ie 801 Hervice: to.sannexed erritory.0 ese, wae et ee 801 SECTION. 55 26-296 .130-154 56-681-686 665 314 57 589 188 275-279-286 278 345, 661-663 335 285-286 297 1251-5 1252-1242 pieiinisisizes.: GENERAL INDEX. 1125 PAGE. SECTION. GAS— (Continued) Overcharge—Action LORE aNe Wola ical k! 3 ae Hevea donee) Site 802 11 Pipes—Obstructions cleaned out..........0.000. 804 14 PUM AE MRR TME RIMS 0 Tra S90 <2 0 do a.e e ocaless ae mee s 805 16 IAN ARMENIA dee es cies aw Vis See's wave Se a kee ees e's 805 18 Meters—Charge for inspection..............20005 806 1243-1244 PINE POSte—— LOL MAMAN 4 5. ae be o's wid epee eee 800 4 MMTV AEG IE csi elal sit a Vibig cic om es she awaae bigs 800 4 Meters—To be brought to inspector.............. 806 1245 Bea tReet LPNS Le. ielo x's cic ss sip fois’ v¥ie oe weld 83 807 1246 Meters—Tested before used ............eeeeeees 807 1248 Repair De NO UEGL goa ao «servis. + aims « oie be ov dies 807 1248 Meters—Defacement of stamp................... 808 1250 GAS COMPANIES: (See “Memphis Consolidated Gas & Elec. Co.”) ee Ta a res 6 ie 6.8.8 6 wince le Wein afi'e aaivie.s 516-42 4 Rate of charge io. .e...... dee e eee eee eee eees 516 782 a eated PROMI ITAL CNet sole Corsa ices p) 2 we kes eiscan viele a else #6 43 4 MABE TERED OSes YAIRI A oleh 5 iho oh ald oh els i aieie’ Cad Baceeth 383 59 RN eee tee ie ths Sia lios 4s lee Ge WS 44-187 6-265 Office created, compensation, etc.................. 516-808 783-1253 CEES 0 GRA ARSE Sr area Se 516-809 784-786-787 PONTE EMT USESE tuxter pitt sits p's cap ule'n) 9,0! ¢) 6, cee aid ie te <'oe ocdl « 517 786 CSOT os RECS OO ea eee are 517 789 Binh Aa ee arenes 258 2 PRT COLIECE RUE) occ Wey eo ois 4 xyes) vies vi aleln es dae we ee 261 12 ee re VV OT WSC | jose is sles 42 GUN: DO” CATT Y = sav stein sia eo ynie me wey alse otte goatee oc Oke ole bats emer 479-306 LO {diSChar ee ley occ ay area choke seks ate cae een ee mae 478 GUN: AND (DOCKS MUTE sai ere gaia s a) ereerana ten eee oeees 384 GULE COMPRESS CQ incre alate merits het ete even nn eats 899 GUTTERS: Lobe kept: clean. ovo oil wens west eee eee ates o eaeernene 358 Permit obstructiOn 2 oo series u's aiauw oar eter eee ee 491 HACKS: TACOD SO: yy pcan Fm Chee austenite s meatpoe eM ar eto acy nee 388 Stands located’... 742.5 5605s owes ani ee eee 462 HACKMEN: Refusal to carry passengers vas. asses ewe Glee eae 518 Intimidation of other; hackmens\. o.o...0as oe o3 518 Arrest: for wiolation. 2225s bu.cre 2 «oe eee seen 518 HACKNEY COACHES: License: ‘ton rin<2.c3¢ os sess bee ee eee cece eens 459 A ofh) 10s Mean ieee rn ees =e pie ry SOP ee Aim g ey hers ig SS. 459 Stand—W here v0. 2 Gaids oho com mnree peels seers 462 Violation 3284. oe Oe ee he ee ee eee 462 Rate of charges. uy iss. te eee oe ek eae ee 463 Charges tobe: posted oiyi 2.2. 23a ans oslo a doa eats 464 HARNESS: MAKER—Bond vc vias sca cen ys ce mtes Nara 258 HEADS OF DEPARTMENTS: Hlection ) Of. .s tise seis are eye ee ae arene eee ee 186 HEALTH DEPARTMENT: Board created v.2 eee: see conte aroha eae ee 47 Under control of “Public Affairs Dept.”........... 185 Superintendent’: .~ +ssnw ae 1 cates Seen ew ee 187 Bond “of president:2. oui. sn ac eee ee aes & eis ous 258 Bond superintendent of garbage ...............--- 258 Bond superintendent of street sprinkling.......... 258 SECTION. 654-153 650 60 1364 321 700 88 575 790 791 792 570 570 BT4-575 576 GENERAL INDEX. 1127 PAGE. SECTION. HEALTH DEPARTMENT— (Continued) seme OCS ITIGNCCUOL ta bls a cia su + lade e e.0 eioeh oie eet 258 2 Tema BCGLOULT Vil ciete Ws a, cv y 5s 078,a ee bide sopetels Gack ae 258 2 PAGO TRILL ITISPOCUOF «oc a sae cio lsrmcls Gabe ce duan at 258 2 Ripe MICA LVF OLICETS e./0 cs cc cin kv so were wae swine 258 2 SoC ME MEV OR ae LL OW rat cals 5.0 co» o,,0\x1 6 ele scien sd wwe Hae 312 176 eG) Cie LY OL site. clic, ace de oid. as « Sieeie +. oe 3,40 Ai ehe 312 Vis Contagious disease of animals............00. 00008 312 178 eee eet GR OL ete te cis te « ia.e aie! ect aie acs oy 396 370 LICENSE COLLECTOR: (See “Collector of Licenses and Privileges.”) LIGHTS—(See “Gas and Electricity”)................ 812 1264 RMN LEM tale abet ieee nig''e (olor iota oe 6 oie ch etn thele Ssipus 838 1296 RPM ATAEMS UL COL! 6 5G incline ciclo te !s eters claro te 026 ease plein she's 838 1296 Ea CUe RMU IMT G Nie cy ooo a!6 six 6.0 6 lope 0.0 nye te hs a me oO OWA 479 655 LIGHT AND POWER PLANT: (See “Electric Light and Power Plant.”) MeN G GOMPANIES: foc. reece ede Sees es ener 385 72 Sree ROD DMALERS os oc. oso ol erent viele co coe 385 71 Dive AND GHEMENT—License 2... 00... cece ce esees 392 ik re MAINA DON Saco ec oo aie eae 's whe so ole cota a © wimee ste 905 Art. 89 LIQUOR DEALERS: eee eRe ig! stets erode aia! n'a lou wlalah tte ‘erate, clal'e widtelgc’ 386 15 er OOo ret ee oss. cpx a yam o = 8 ws 50 go sieve 4 Oyen memo ak 386 76-77 RNA MGA ee iol ee vay ecgy-ccw op shoe a dee ae wie wets tied erie’d » 385 73 LIQUORS: BO AMC AEES gir. sls px 'scan § 4c kD a'ets oe pale ew aees 456 561 Sold—Less than quarts..........-.2seeseerceeens 456 563 1132 GENERAL INDEX. LIQUORS— (Continued) Stock ton ander. So Meh eet ae mR haan ee rise Soldvon ‘Sunday... tees eee eee une ke eer en he ee Sold on election day..... 6... .cee eee e eee ee ee eees old BUTE bor we erate ee eae ee ae SUD WAYS 5 aie optus svayeily. Chaba Gye Benne aaa Rea Nie eee ee eee LUMBER YARDS: Where not to "establish 24a vice cy ee wee oats arenes Stock limited! se Pee sy ee nea ees are Mee MAIN STREET—Regulating use of...............00. MARBLE DEALERS Setcate pra un nnnaa nen MANUFACTURERS OF PATENT MEDICINE........ PAGE. 457 387 387 SECTION. 563 566-596 566 189 1335 aries 7 P arias Tale Ne ‘ ae ieictah Mi acs Cag Sar Ret ay Sk ioe Naan pepe oy pole aS Pil sd ws Wie amlez GENERAL INDEX. MARKET: Perea PURE Gy 3c, 5 5's Gneiy Users ie Sie tne he eee arene eee Seer) Wer AUP PILGG © + x (nin, s 5c 2 w'e'c ea dep ee dua we ihe MARKET HOUSE: Established ore eevee ee ee eee er eee see eee eee ee eee eee SASS) SF Fei, 8 6 © 19, SF @ 8 © ©) 0. 0) 8 (.¢' 0; G0) 6) Ol O18 © © OOO 6) 0) 6, 6i.0 0 MARKET MASTER: BsOMAROAOTY. OLCS Cs dis. isk asc hee eye make Bond osoeceteree eee eee eee eee sree ees ee es eevreeeeseee eee ea ERIM SS Ce, Goel cg "G6 1a. 3.920 niglle ood tavatecw a, of eters SR MASE CE: Avatar cs P5 5145 0in sho aie) Weeds sate berets 332 Premises kept Clea mcats tn 2 ca ee ere hea 334 Reirigera tors s\. 2 5s aire eee wer ea ee hie Ai eee 335 Sale on sidewalks forbidden...... eee t eee eens cence 340 Tainted—Disposition sreileiotel sha. ote gus Wie peeustene as termes selRe ars 454 Market. district’. ..cschieob ice eerie oe metensene 451 MEAT INSPECTOR: Hlection,: Salary, ceveig 2\. 4% ws.bee ne ete oie ne eee 187-453-455 PSO ce Sse oie os Cala ca cee aera Ne teal wc eae 258-453 Diaties ii hae ie eee Oy We eo tee tele ban Cornea ale ate 334-454-455 OFENCE CLEA TOON x soiccais ie. 0.00 we ites whaeretote Bien Mee eee eee 453 OOS = rsh ie Shar fe tea ne Ba Eade hes tee te ets Satna sg ts rina Oh nies 456 Perm vot “Ole ces. % site eee eae et Ge eee 456 07) MPacanearanian nice Soins WNC mee CP ar eet a e pate ALN ie 453 MEDICAL STAFF—City hospital ................... 429 MEMPHIS ASPHALT AND PAVING CO............ 1050 MEMPHIS ARTESIAN WATER DEPT.: (See “Water Department.”) MEMPHIS: VBAG. CO ss, 58 cieie te acest: sete te a sials wins are ceetees 871 MEMPHIS CITY SCHOOLS: (See “Board of Education.’) SECTION. — 62 64 66 220-558 224 225 226 238 239 261 553-554 543 265-550 2-551 235-236-553 549 GENERAL INDEX. PAGE Sener reemet Dont A TW AY * CO. in. crceess ec ne ents 1080 MEMPHIS CONSOLIDATED GAS & ELECTRIC CO: ousoiidation—Conditions | i. .csscdes este ssc aie 816-797 Pe SECOR OLS ou 2's. ex ow sis vin Heels vara Pas eae 797-799-806-818 LL Yn OL satis ey lok na besten ew ees 801 NPE RICO CO! CLUY - o s-u1e vs O90 Cases et ctatardarrn abet care 805 Seem EMCUsULe: WAINTAINEd sii sc ws « Hueees vigie elo are sa 806 merctarte=--Action for 1...) i:.sice ec ee cae an ewes 802 BRM MORES SES SChs) 5. 2s 5, Tessie iw Wo hy or ote eee eins Seed axe GR a 800 PO ME ATL ADL ae shoo ard allel tc hd me Gases grant Geena shar 800 Pipes—Service pipe furnished................200. 801 Pipes—Obstructions cleaned out ..............5.-- 804 ierere-—-*Hurnished, 606... sce ob be wales older 801-805-806 Meters—Inspection of and fee............eenecese 801-806-807 Meters—Brought to inspector’s office........ Ree e 806 Meters—Duties of inspector...............-ee00. 807 EIDE aie een ot. hak) «aie 6 oe alae he eee Dh 807 Pipers bP CCSe LOr- Leste i ee dae ew te oe wees 807 mAnnexed territory—Service to .......'0...0...06. 801 Statement of PIAS RCI cet gah poy, ea ae 834 Streets..replaced im CONdIION Ns x. 1 cee tie ae ee ae 834 Damages—-bia ble fOr 12°28. cciscs we oscs sive se ee ay hota eee 834 Smoke. cOnNSUMETS- 238, abe escalation ase ee 834 Posts—Steel, cedar, oh CnaMei IR Sa TE Ae as RS Sac 834 Service—To--extend-—Wihen ). og:cve so 5 Scie sears 835 Plant—Option=to. purchase. i. sank es 1 eee 835 Pipes ‘torproperty: times os ese iets sare eet 837 Morfenture =p. o5. tte ae toa ee etm coals ony nena ak ee 838 Lights:on (Main-street 5.0 ious ecu. cate og ote wieiooe are wae ee 838 MEMPHIS RAILROAD TERMINAL CO.............. 911 MEMPHIS STREET RAILWAY CO.: (See “Railroads,” “Street Railways” and “Contracts.”) Fifty-year: franchise e500 2.0.4 scares eee eee eee ety 761 Union and Jefferson avenue line...........00.464% 767-768 Tracks on Pauline street and Thomas avenue...... . 768 Tracks moved. off Second street: i ch iio sete tues 770 Tracks on- Third street et.al... 6.4.0 20. Connon 770 Tracks: On Raleigh: avenue ss ctias eae cg 770 ‘Tracks.“on Florida avenues. 2. %2 occ cee el poster 770 Tracks on Central avenue (neutral strip)........ rage Tracks on Poplar avenue (neutral strip).......... 792 . SECTION. 1267 1271 1277 1279-1291 1279 ‘1280 1281-1289 1282 1283 1284 1284 1284 1285 1286 1290 1294 1296 GENERAL INDEX. 1137 MEMPHIS STREET RAILWAY CO—(Continued) pid (See “Railroads,” “Street Railways” and “Con- tracts.’’) Tracks on Madison avenue (neutral strip)...... 793 Tracks on Lamar boulevard (neutral strip)...... 796 BeMePMrEDTCet DTIIPO 0. ae be ws ca we daw Webs e 1087 PremrObereereet, OTICKC’ oon. avin Gre 0 ou le ok ys 3 sleie he 1087 DOREeMme Set 3, L885, .. ids cow viene bist wees 1080-1081 Higne. to carry cotton samples............/0.04: 793 Street crossings—Conductors to announce........ 797 Successors to Memphis Street R. R. Extension Co. 777 MEMPHIS STREET RAILWAY EXTENSION CO.: NURI TER MEMES ORS! Be FeLi ose oie ob wt i ave eve (ae eee TZ MMMM Reco 84 5. ois 2/4 905 5' wh d. sobs eV 5 ole Glavin, Salts 778 te lee CMP HON WH: CO... is. ee lee nee cle ces 1089 MERCHANTS: Pe PiCie persons COr CLAM. (oui 40.5 a0 ese olen wie lere 47 4 Delivery of meat, ete......... By bets pew eae 452 SeMIPR OCT OT SUNCAY oo) 5 2)a << eee sieiele se © ie aie ef 468 NE eM Ns Ysa gio! Cie te din shle.-s igi +. #ia/s Ih e8e obs 387-396 MERCHANTS’ COTTON PRESS & STORAGE CO.... 1086 BMP IPATLORS (01.2... . 0 cede ccdde enacts 388 Re eG BROW IRS Sibi ile coe ela w ere na ese 388 MESSENGER SERVICE—License ...............-4. 387 METERS—(See “Gas Meters.’) Gas and electric installed—When................ 688-813 Water meters installed—When .............000:. 949 MILK: Maret Or Diaden—— WOON wa ig. vc as 5 aetna we ae 33h MLC ke Marner as dink 0s) ehals 9's Kua see win OST Rare ho ORR OOF OOM (UES RUE eS ree ere oe a eric cerry, fr 332 Selling impure milk........... se eee eee eee ee ees 505 Mille INSPECTOR—Bond ..... 2... 66.60 ces see whee 258 SECTION. 86 86 84 1175a & b 1138 GENERAL INDEX. PAGE. SECTION. MISDEMEANORS: Abusive language io yrs cpanel e oiatotio evens a eats 472 619 Acts forbidden by ordinance and no penalty pre- scribed—Punishment ...... icis 9 Blea Sein ee 515 780 Advertisements—Offensive ..........0.20eceee bee A471 611 Animals: Dangerous ss ocx.) << Visgscigihn oe eee Sees eee 337-480 247-657 Regulations? © o3sjcck% wivie peice ee ets geese 337 ~ 247-248 Cruelty ibO 05. Pu wari aie ieee tk Raa nes cee Age 612 Overloading i. 3.453 sAinn ashe ek ys te ee 472 613 INSTIOS 2. iaicceos ets Raatem ale ceee ak ote Bato ees Pecan a ace eee 350-306 294-155 Assault and battery ys senses Seraieancys ce usenet ene 472 618 Automobile ordinances—Violation of.............. AT5 634 Awnings—N ot ;allowed—-W here.) ic. a0. oa stent 511 768 Balloons—— 0 “ly. 7s sa vis cathe 19-8 eeepc oe tar 479 649 Baseball—To play on Sunday................00. 482 Lo playon-streets:. 02. sia. 2 kare oni nanee 482 667 Bedding—Not to sell—When...........+e0eeeee 365 342. Beer wagon—Sunday. driving. 2). 24.5.0. a aos see 468 "5098 Benzine—-Storage of), s.7. vc ..'c vee einen teers eee 307 159 Bieycle—Wiaithout. lantern 0.0.5 soe arene 478 647 Billiards—Sunday “playing i...) seca oe ey 468 599 Boarding: houses 3.3. ewe, bee eee eee ee 325 207 Boilers—Not Anspected ios ss aslen Gree eee 269 43 Bowie: knife—Toearry (i vy as ee eee 479 654 Buildings: To ‘tear sdown «placards case deers s mice tere 322 200 OVETCTOW OEE ieee Acie se tots te cn otc nees Ca mere ote 324 203 Dangerous es cos aianoe a ccace oneal ee eeornmemere sana ames 480 656 HIXCAVATIONG): /wiie so # V0.4) «a coke eee eee ane ieee 489 696 Engineer “to-pive street. lime: csc cn essen 491 699 Lo: build without-permitv uso) ene eee 503 741 Butter=-Adulterated (vies ne sie an eee ee 336 | 244 Burglars’ tools—To possess \. 242 .c2 ieee tea oe 467 - 593 GENERAL INDEX. 1139 PAGE. SECTION. MISDEMEANORS— (Continued) Cattle—Driving on streets.............. se ceeees 482 669 Candle or lamp—To use in stables............... 306 152 Careass—To throw in public places............... 502 739 Se mateee AUMUILELALGG 5. 2... sss a cea d bed eiome ess 336 244 EME USHUALALY- wo yo 0% 0.3 p08 Aas tele tie tides ss 364 338 gh 3 92 BS TES OA ame sear kde Pre ime 366 344 fereeermEeClOowds iN StreetS....issuss.scdsbeesncs 473 622 Combustible articles—Storage of................. 307 159 RAE EV CATIONG 52. wn le sin-c oe aie os te oa cites 479 654 aM SIRE ULISCR EGS. Ue fs ook dc do ots aude deve te cok 314-354 181 Contractors—Wages, pay, etc........s..eeeeeeuee 650 1103 Siren PIreceXtINGUISNETS: . oo. bk. ko ete eee 486 680 Crossings—Leave vehicles across..........0...+.0% 478 645 Crowue——Collecting on streets.....,....2022000. 473 622 MON RIMINI N OT, DATE f.. «6.6: 5 cis av no occ oiaiccelo gies 511 vy a SCRE YG teRee' SS hh te Ss dens Bo clavwiae a lereipret sts 479 654 Pe IOUS OL Ge) 5.50 eepe. oo 2 4c seed nei ale eee sles ore 473 | 621 Disturging religious worship. .......0+00.85e+ 08 473 623 MERRILY. Sate wicca as We 9! 0) nv sce =, «Smee «9 taal ee ow 482 668 Drinks—Given in dangerous Cases...........2505. 336 243 Pr eee LIM OUDC. PIACE. So. .)5.s). eens sclecciecs fas 'g He 472 614 RMT PO OCUETHY 33.2.5 Ao:k-opes 2 ele ham ute wre 472 615 MIISRLEROLEA WITS 0 le 09 Ocopecece pdrniace= § cytes weiit = ale eos 478 644 Elections—Interference Withies, Mane wetness res 474 628 Pilecerice Wike. CONStIuctiON?.... 0.5... 6 ce cin eines 308-312 164-175 Entering premises for unlawful purposes.......... 505 752 Enticing persons to trade .......-..eseeeeeeeeee 474 630 Failure to maintain railway tracks.............. 500 730-731 Feeding stock in street..........ee see e eee eeeees 481 662 Fence—Wood fence near street.......-.. Mupusiye| 958 RCMELIL GIS OM Pe Seorate tp. oicyr' sow 6. ¥'w io yit''s Aiceal opel Cacao e 489 693 Filth—Throwing on ground.............+++++++ 362 332 ROI P RT ECT ieee IRC foe hs es sors oie 0 2 olshare 60% ais leje > 473 624 1140 GENERAL INDEX. PAGE. SECTION. MISDEMEANORS— (Continued) j Fire Arms--To, discharge sci) et gece sini tas cones ee 306-478 153-650 Fire: Boxes——Interference With G:eitss + cue sarcoete iene 473 626 Fire Extinguishers—Cotton Rooms .............. 486 680 Fire hose-—Le. drive over i.20 ie a eee 307 PADS Fires—In streets, alleys, ete.) oi. 25.2. were i 305 150 Kind lune* swe Oil so tea tace, ns woe noes uate ene 306% 33 154 Burn Ow Chime ys s Wo. crs sets cles eins eee 307 156 Fireworks—=-V0 ‘set: :Off).). wc sctesiscase ho sooia aisle aimee 306-479 +151-649 Fines—Punishment for misdemeanors when no spe- cifie penalty is: provided: 44 fu8 spon vom arue ‘B15 780 Wish: docks=-Moored. <5 (ik w iy pinwcess oscsce-p sates telnet eee 335 241 Fish—Sold at certain points..........+....+- Vea 4G OBDsaeO 242-261 Fruit-—Sale Of; eben! oi singieeike wes tends ane pr eee 486 681-690 Gambling-—Po = witness: cs" eu iis on ete i ee ree 467 | 592 Gambling saloons—To keep. ..i 0... 000.2 eet ees 467 589 Gaming--HOr “a elivIle on cts qie eae. ce ieee aura ne 467 590-591 Garbage oii chic. Pore eles are aan eer Ener ae 350-481 293-661-663 Garbage:.boxes——Puttinig, paper: 10.2%. 4 .qam ast eeennis 366 345. Gas pipes—How laid, etc-—Failure .............. 506 756b Gas works-—Regulations: (3. Swain. eine ee ss 341 266 Gas ‘ordinance—Violation OF mies et. id vive chee 517-809 789-1255. Girlg——Selling > newspaperg..:7 0 eet, asta ieet ein DL 794 Grass, weeds, etc.—On. sidewalk................. 481 664 Gun—Garry Ime donated ‘sis crock uteche ag oiecs enema eee 479 654 Gun—To discharges) asin cae a oe ee ON ere 306 153 Hackmen'’s istrikest yc: 2580 38 teow orteien neni danas 518-519 790-793 Hackney coach—Violation of ordinance............ 462-465. 576-583 Health ordinance—Violation of. ............0.0- 312 Hitching to vtree Ormfence 18, oh a ee 489 693 Horses. left, “anhitchedite 2 os% cata ace es ne ea ee ore 478 643 House of ill-fame: POO KCGP W505 te tans ace etc eer pe ue ee hae fais as aoe 468 — 594 Minors Sentering: i013 ods aim a ae eee ne ee 469 602 Yavin GOSS ae eS Be yc Ge ee ea 469 605 GENERAL INDEX. 1141 PAGE. SECTION. MISDEMEANORS—(Continued) Huckster ordinance—Violation of ...........40+. 488 690 See UTGe LO WIG. a5 ods oe arescw pice eves wie oes 514 CCG ieGeceits CxpOSuTe Of ‘Person’... Fs... 0.5 seks ee eas 469 604 Sie EMTS She LD nade sa gare oo dw Pwo eel oa bie 325 208 Pm UOT USS. OL five «a's ocala weigpaaialotelleiy el ele of 307 159 License ordinance—Violation of...............20+ 396 370 Liquors—Sold on Sunday, election day and after ° REISE eter? i Shoe tie Scie’ s anklet al ue ee 458-468 566-596 rrenaunitO -bG«POSsted 2. fies ke oes eee secs nha 459 567 SeMnIOEE DOL lark ciak an 3) ate ae ee 514 779 BeeaetonioOs FOTAINANCEs 207). 2s ta Gata geek eve 457 569 ioterineearqund public places. «0.2% 0%... sek ~- 471 619 Lumber yards—Storage of lumber—Where........ 308 160-163 8 Oo EE A eo att 642 ME ata EMRE T Moors erator 's oib a ois 0's a= #8 erie’ wale yen oes 325 207 Market house district—To sell within............. 452 544 Meats—Sold. on sidewalk ..........6ce cece eee nne 340 261 EEPRIMC Tae Sede t Pochls Goatets ole tis Whiet's 25a efor ae ake 454 553 PMnOrees ANG? INSANIGALY 2.0 50%. oo osu eden a.) chavs 454-455 554-558 Meat, vegetables, ete.—Thrown in gutter.......... 449 on) 534 Oe ttOT. OF OFCINANCEs). 5 das ss ca a0) he, o.sss sete 2s 452 548 Merchants, etc.—Open on Sunday............... 468 597 eee E AAITITE (CG VESUs 5) 2 5 chaps vis 0:* 6s, eh vitie ony Whatn 807 1249 SERGE? SUA INPS OT oc se ece.c ste ejelatecbiage,aieyesel ea ene 808 1250 EEA OTUGETAUCH. Uo 5% a nko bie oie sine dhe ihe g sporty s oar el antl 336 244 POMEL ACES iat nvioas wohle Ca! suc 4) +} Deeg Qace eee ere oka 339 259 POMC ate oh bre, oc Ae mc 4 abpyel 2-9) o (alta ake g) ads age) Meeps 505 753 Misdemeanor under state lawS.........--++++-+-> 509 763 Notices posted on buildings: PRC DMLIEUET ARO WEL: «5 coi «sess ,t o.4. 4) 0,044 006, al doleuacepejerat's late 322 200 Nuisances—In vacant lots ..........eeeeeeeeeens 505 748 Obscene language—To ES a Ui Ne 472 616 minenana literature——.O circulate: 2 sa06 0 cates eek 0 oe 468 597 1142 GENERAL INDEX. PAGE. SECTION. MISDEMEANORS— (Continued) Obstructing public grounds, highways, etc......... 502 742 Oil--To./spill on street: eee oGn a ieee pee 514 778 SLOTAGe OL sis wei wo evece esis wha tee tecalar chapels Sy anon 307 159 Opium "SMO sn ys io.) ee rccevatensie coche lactate ate x Seale ea el se 320 197 Oyster shells—Left. on sidewalks, ete............. 350 291 Park and parkway rules—Violation of............ 662 1136 Paupers—-Bringing “into: city 203 oon oe wae ine 519 ve 396 Petroleum—Storage 10s <.".5 a) cist patentee alert teers a 307 159 Pistol —Toveanry 22... Es sates ee eee eer 479 654 TO" discharge: Ly ci. 6-.r terete lo paleres, ineahen se eeeeeae 306 153 Place of business—Open on Sunday.............. 468 597 Plumbing ordinance—Violation of................ 400-403-421 378-383-447 Poisons—To sellers Fh Sais eh ettetetceler sl oe each tacoma 320 197 To observe TOAV Sis HY Leeda he signs ehoh etetensh oh oeaaeae mele 320 198 Powder—Magazines for storage ..........+.....% 480 658 Transportation, etc. ...... Tete hear pAe grie cas G 480 658 Concedlimm yoo. 2i05 tote tchs Seen Mico ee tere ay ene 480 659 Confiscation... Ss. sect. ee een ee AAA sab 480 659 Hactory located=—W heredat keine. sabe een 481 660 Privies -4.\v. Gada oes ea ee Cee IORTS eee oP ae 324 206 Prostitutes—In., hotels, ‘ete... Sacck emcee een 513 T75a Prow ling 5's cas. nina ues ate el iaigt Fake! Aulgas miste ae eeueetres 505 751 Public: buildings—Delaeing nc ona. dees Meee sce See 489 695 Public ball—Permit for ....... Me ihite sy => a wane ee 474 631 Public, places-—Loiterme in. 24.0.4 oe eee eee. 471 — 610 Pure food ordinance—Violation................... 334 237 | Railroads: Speed Winit shade Ss es are eee 478 648 Hlagmen At CrOssINgs Wo cewek le eee poe 483 ~S OGG Gate regulations (ic. Geese sue wea eaet as one ee 483 671 Obstructing passage to trains ..-............- 484.. 672 JUMPING “ON SLVAINSy 5a ees ae tal es ee 484 673 Planks crossings -°2':', oe a.(ocs sete ie ante eee 484 673 GENERAL INDEX. 1143 PAGE. SECTION. MISDEMEANORS— (Continued) Railroads— (Continued) MeL OTP CUINIIN Y LINES 0 iach oiu.e ede sd Hd pay ees 484 674 Bee vereeea nth DTICGeS Sis. .!s | sdre orajsie.ei ereveyesheseis eae 484 675 Damme WES EG 9 fe fre Ja lare cpg lafo og ayant jake oT tarn once 485 676 Prettiest Or LOCOMOLIVES® «0.0 «80% ole wal cigane Gin anaiete 364 339 Soil pipe—Length of ........... eee ee eeeee 363 336 SPM tere = ov foaia nit ote ns ais ala er sien mie let agian 363 336a Sewer or drain layer—Violation.............. 404 390-391 Refuse from gutters in..........sseeeeceees 325 209 Sidewalks: Spitting On ....... sees eee e eee e eee eeeeeees 365 343 Notice to water department before laying..... 422 449a, Standing on to entice trade.........+--++++5- 474 630 Standing in front of business house.......... 474 630 1144 GENERAL INDEX. PAGE. SECTION. MISDEMEANORS—(Continued) Sidewalks— (Continued) Obstructing walk or: putter; Vin eee he cee 479-491 655-699 Dangerous eu as tee Wes vo bins Wie eee etree eae 479 : 655 Right to enclose—When ....... Te ae SRR 490 696 To, be Keptranwrepair vier s ae wee see aveitee 503 _ 48 LO FeEMUMS Pace ON Way es ace cme erate hue ane 503 743 Violation, of ordinance—Penalty............. 439 495 Signs—-Over ‘sidewalks 0.002. veces a canteen eae 482 666 Signs—On wagons that frighten horses.......... 482 665 Slaugh tering se isis). Ss aee Bt nue hus cues 7s eRe Ree eee meg 338 253-260 Slingshot—-Sale Of oxi. 2). Gk gee eae tec wee ieeeke eee ee 474 632 Smallpox :- Ordinance ck ep oare eek eee Mie eee eae | 642 1082 Smallpox-—Toiremove (placard oes. c sna fen ore neee 315 182 Smoke pordinance e574 on ake ease tte oie eee ee 504 745-746 Smoking—Iny public. places: nit. .2.)s.). 4. eats oe 475 688 Speedlimit of rarlroads 2), cite nd eae eee ete 478 648 Steam engines coe eee ae crescent Rea 271 48 Stock—Regulations ......... pyc acne eens 337 247-249 Stopeock—T ol removey.'o.os ete Gk as ocala 421 448 Streets: OPO DET ULCE Eas xo eye ate ver erate ee i oo hoes Fee he ee ee 489-490 696-698 Toveut into Or alters iin acme ico ae oobi tae merece 489-490 696-697 Salejof articles tom. 6 tecctuananonin oe eee 491 698 Street: cwallinoy ie see ete es ier gee ee eas 469 606 Streéts-—Crowds collecting om 27) .2. 447. caer 473 622 Street: “munbering-—Railure:.t0.. non hee le Boke 668-670 1149 Telephone: poles ii sass vias se eat Geen ee seu ae een ee 474 | 627 The doing of any act which is a misdemeanor under | | SCALG LAWS. -tenoP whe kote win uee naan eee Rtas 509 763 Theaters—— Overcrow dynes ancy top auch iene rie eee 324 204 Throw ccarcass:dm public places ew ancien 502 (37 Throw noxious substance in street... 2.2.02. 0.553 502 738 Throw water, etc., from window.. so ant orale: 502 740 cee PE eo GENERAL INDEX. MISDEMEANORS—(Continued) To place any substance, animal or thing on street Trash, dirt, ete-—To scatter on street............ Trees—To injure Hitching to Seymcroue with fire: Wires... ss). 4s bee ek occ alee Tunnelling in river bank, or under streets........ NER MI LOVS fo doch ghee 'k 0. «Hs a.p.0 si seen date wi lesbain Hae Unsanitary buildings and rooms ................ MRT MOE Gan iS sos os) «oho aoe ip 6 mcs bow wae ace Oe emer imtsON——HOUUTC Of... 4. ccs sys wie vie sive ase ae eae Memerniies, etc.— Sale. Of 2... civics cece eccvcesees Dretseted= W410 Of TIPE 2.0... ee det ie de wslees Precedence to foot passengers..............-- Ler across’ street crossings... .........0.0068 Wagons—Carrying signs frightening horses...... SEMA TRP RDGF CGC as ators ioe Teak <9) 55e'a/s nk eyes vp. 0 Re RR MRE TE ELCTEINOULM Ogre Fa. 9 Ma's. 4a) a o's ch sind area's a'> 5 ehetey Waste water—Failure to provide sink............ Water closets—Failure to provide................ Peer (em DOLULC 0A. oie .2'e dara yp os eee ne © cee Se Ris Water pipes—To keep clean and clear............ Water plugs—Tampering with ..............4... Water supply—To waste ..........eseceeccenes Water supply—Permit to use ...........2eeeeees Weights and measures—To prevent inspection.... Weights and measures—False weights, etc........ Wharf and landings—Violation of ordinance...... Wires—Placed in 3 feet of fire wires............ RAPA Mee RD OCTOUS tle ght «5 o's feel gs di Bteud bie at oleuhia aces OE EOS BEI 0 a ee eS ere Winchester cemetery—Burial in ................ MISSISSIPPI RIVER—Digging in bank ............. MONTHLY REPORTS—By whom to be made........ 473 478-479 479 474 511 261 1145 SECTION. 319 661-663 201-202 607-610 1082 681-690 581 506-508 645 665 251-252 245-246 754 448 755-756 70-75 81 1146 GENERAL INDEX. PAGE MOORE BROS.—Spur track ....... {Gea R Gt ee 1080 MOVING | PICTURES 5.052% wetness rear lone 377 NASHVILLE, CHATTANOOGA & ST. LOUIS RY..... 1001 Track: on: Michigan ~aveniierss = 30s css eee se ee 864-871-1079 Track on Calhoun and Clay streets.............. 870 Track on Kansas street to Adams compress...... 1023 Track across (Main -Streets ciate stars ce iwiale ephcemie ome 873 Track. across ‘Georgia; street 47.3. . as Sees 657 Parkways—Control of ........- se eee eee eee eee OO Parks and’ parkways—Rules to control........... 657 PARCEL pCUA RB ise ccs cic n ecatel et i eames atc etna Cut RGN a et 507-388 PATROLMEN 03%. «cS eae ee ee 75 PATEN FAR TICE Bie VAIN DO Riise alacant hoes ain coer 395 PAU PIERS | terete cece sehr os rete te eons pba lac ei oes he ae 39-519 PAWNBROK ER license 2) ae eee en Pope Gesdes 388 PAWNBROKER--Reeords, ete, s 0, Sa Pos tea oes 507 PEDDLERS 2 Soe eee gee ae 389-395 . PEDDLERS—Fruit, wegetables “ety iat, 2.6 ce ete 481-512 PEDESTRIANS? (oly tyteie sc iis Mein alent treet eelermare napa 442 PENSIONS=-lirexand, policemen rer, circ. wia eo cites 248-249 PHOTOG AP PEM R GS abi e vast e-Ske cate ecatle oinle cates ecco: 372-385-389 PHYSICEAN pie cee set mans beeen oe wend 318-353-443 PIDG-HON "J AGu ROT areas ial Ss ei tmancets re kn een rors 398 PTS POT og cee cUR eeu a lth eae Ona ete Unt ne ie Oe 306-479 EIPISBURG SCOATRCO! cei are lane: teeter tens te ee uate 398 SECTION. 90 TASt-1117 188-199-1118 190 760 94-128 681-773 506 169 191-301-509 153-654 GENERAL INDEX. MEN EEE EIRDI Rr ey ee lds Soto he beets PLUMBERS: ens price lett. Lee 8 2 ogee eae ele BURNER TE RE eg a! 5 esse oot «9 ovis oid no 9 4b. tou MEE Grok NR MEE TER OS) ms 8 oars eGo, ace tao dete whore buadeeCalornes TERETE Gir o'er o's ace. sna: cjere Co ys qraclwleldid tania MIRREN 5 og cp de a: al'e) acu ws Sasa aco ielinl eo etesere at eit ee RIGS rss So «| Pral.eie doe, co es pob ews eee NE aM Teac cre ed ok so, Oe bce 0 eek awe koe Oe PCa TEOTIDLOV OG se fs. . oicls cine t ciwsere a vee vy wees IMI DEGITE NAVEL 030 soe soa aise tudes» afere a aieg Gala ds ee Ae bh occ aty) ajtyos ins Su at'ss whale 65.8) ve Moea alte PLUMBING—Power to regulate ..........0.....5... PLUMBING INSPECTOR: ere ne he gh eS PC ARIS hey als. sane pik sth) on atte ORM NEEL MEE TOY gy OUC. lya c ete ti'o rath AIRS 512 my8!'et a enal'e 2 v'oue Sim Pam viBING REGULATIONS 9.00.6 ie eee tele ee as Been o——Not tO. be sold; ete... fn one ee oleh. UTE eR ees, Ri Bice ar Vids ke igh Doel he Ween at ern e WET ODSET VOM. (a oisdc ects s o'elaicioetn ae tarda et wes PIN BUNS eve! cease hols ale «808 > eee e nec e eee ees POLES—(See “Telephone Poles”) ..........+.+-2+0-- POLICE STATION BUILDING COMMISSION........ POLICE STATION BUILDING—Bonds ..........60%. POLICE COURT—(See “City Court Judge.”) eit tO AI "“ABSHESSMENTS, e255 0. come eee eae ol wets POLICE DEPARTMENT: Chief—Hlection, et. . 0... ene see ee caw ele gcees PUI Ee TICOTR... oo so aris sels one tsa. o Wale Rite one seal als wre ece Subordinates—Hlection, etc. ........--eeeeeeeees 401 1149 SECTION. 92 103-374 449 375-377 376 379 380-391 265 392-441 197-198 197 78 50-110-111 2 51 1150 GENERAL INDEX. PAGE. POLICE DEPARTMENT—(Continued ) Civil Service 0:31 Pe oben Siete peae eh itr spe stiset vee hte eae ees Pome 65-193-197 Hlected according’ to.qualifications 2 Guts +o ot ee oe oe trae SOU a TORR CTIC SOL. iia pais oles 5 adhere wrod b's Waleed Pe LeOe mer rm COMPADICS” y sta)7 «sis Sie a%s © OR ew eideensiereh eee CWS ENP T ALS (CTE ESE SEA PP a ti BSP A ry Tarpaulins OE La Ge SON rd eee ar eg cyber Ue Ty BemepOraryekeliere OL POOdE:. .) 6.260. Ss. 4 aie sie el inch, owes PERDOUE CLAD piss «cis «o'r, 0° MA Ae els icea ane aietare a Sees EBPALTICRL COMPAnies | :.2...6.00. 00648 a hae pas eee SL TOMEI OTROS 8. 5 ard fs wale ches qwlacere ona Moueg Sees eet Si MeMEPRGLULO AB ec 2 5 8 55 rear wrk #4 wiley Sabet cs aided "oie le bawuh Trading stamp companies.......... Serpe sist death ee Me Te ake 51s e4e <'salsik) a =] as ies ccd soma ue SEE Variety theaters and vaudevilles................ Ue EM Pee gcc h Aiea! akad sh fades cata ete dale! Seem RU oe MVR a RCEUAVECID LOS be)! 2s cogeedoa klahaig's cs wnse tina s eee med ees WV ATOM Useen aNd CLOVALOTS «6 ous ae sg deee ed a eet s 394-395 376 639 55 SECTION. Art. 20 Ari. 220 Art... 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 Art. 20 GENERAL INDEX. PROSTITUTES “In Hotela) 993, ae ee oe PROW LING er oo ee ea igh Oe ee ree en eee PUBLIC AFFAIRS—DEPARTMENT OF: Control of; nealthrdepartment..'s2... 08s +o rece Departnient; classified v7.) scxio% 6.5 oe isa telanerae ieee Klection Ce ee ee ee) PUBLIC BALDS—-license> eCer- ar wa ser shes ete es eee PUBLIC BUILDINGS: Doors to swing on double hinges................ (See “Building Regulations.”) Defaen ng: 225i ao ain 0 G ayia anin toe a tdelete eae oe eee PUBLIC PLACES: TiOULE FAN OAM 2) Saye 6 ire eoehe ane see ees sak esl aerate ODStruchin gs cin ok cee ks ae tn eens hee nae Ree same PUBLIC UTILITY CORPORATIONS: Power 10 “Tegulate °y io. Vis: 0= a oe me mee ines eee PUBLIC WORKS: Board. erentedvn, j5.00 28 See ee eee reece ae Election © (eee 0 6 6) 0 06> 0 60.0 \-e-le 9/6 Ke le (68 6) e's) oe) ee /e is, B) (6216-1 @) O110/18 Qialilication: cL oN sy ie ea ie are eh cee eee Contracts—Not to be interested in............... Seat vacated? 42 esis Sane en ewe ei qune ee te eee ene eas Induction: into Offices io rin ode ie areas MGGUINGS (5 crotis ies here cours eae fey -Ok ys meena ee Ordinances @ {6 .e.,e 0) ce) 6/6) 10 (0) 0, (0 6-9 (6 6. 0. 0 Ge ie 6.) o (0-8 6. 60) 16 4810. 6. 0! een ee ecerwreree ere ere eee ew eee ew ee eee eee es eee Oath OF 2O1MGee Gros were Cok Re Oe onic an Oe ‘ Compensation LH AEs WE gi 10 1 Prepay om maae Uae ap oR n! Piso nami rR Corr Ss ae eae od Records Of oo ee ae ee ene eee, Sera eae PUBLICATION OF ORDINANCES: Legislative aGts ae cust ccs phat nene en Neen. Aas eee Front: f00t) OT dinances eis tie Oe eee Al: other Ordimances 02 eS eo anette rm shes eties 186 390-474 Ros 489 _ 471 502 45-59 47-67 48-49-67 49-50 51-67 53-68 642 SECTION. 775a 751-752 264 266 104-631 770 695 » 18-67 21-57 58 260 8-35-300 1083 1085 Oe GENERAL INDEX. 1157 PAGE. SECTION. QUARANTINE LAWS: eM UR ARRIGO ao aa iS 0:0 G44. 8) Sis ala arantt te al 40 4 Persons or property quarantined ........... Yas mit 354 305-306 Recommended—How ......... : Bias siege tance ee ae 423 450 DucyeoL: mamersand-cOUBCI Oo. s65 oa. te aay a es: 423 451 ERGO AIMCO GORING Y OF 5 5.255. sain y wget ens“ taiy Cea 423 452 UO SRI oo oN ae Ree, ORM = CARs) CO Peg 423 453 bg CU us cM oe oe re ee ee a caer Cy ar teed Oe 423 453 Peay IRR Sa, sels ano} Se ah Sp Wh, aralalbe vt hata Saye 423 454 ORIG COY PLES 9 ek 6d 5 tgplesd ah eject nie «5,2 eiiecetes he 428 467 Violation of ......... pA. SOS eae ES 426 464 Be MUN IAR a eet MOT PON GO 29 sik anipinie nn wigs yacei shade «oN 385 67 RAILROADS—(See under “Contracts” and under name of the respective roads; also “Subways.”) BOWEL CO TEP WA US Fora tale et ia ade dN 8a ae 42 4 PRO INSC LS AL, Wi ok bait On Heh os RA MS he 478 648 PigsIBSN Al CFOSRINAE Fei. i LAN TA PO. OS 483 670 CFE ROPTEOUIATTIONS <5 Foc Gwen hice 0 ba 6s vain wb tree Y 483 671 Obstructing passage to trains NSA PRESTON 484 672 Piasie GrOasines © Fat Pik RE Ce eal o naa erate 484 673 Buel LOsesUNsed esas Ss eR Sa, CE Oe 484 674 Gulverte and Bridges. 2A 4 Sah i Bide 484 675 SSOMPACLUUAS BNW MOTEL LES 0 Uhh fata SaUetens owireove wa eer et ee 485 676 PPeecINE COP CPOCOMOUI VER: 54.4 2K oe yale See aintote « 485 677 Engines standing near streets............000. ese 485 19h O78 Paring: Care Near “SENCOUR: |i. 0 ilo sores ke eee tees 485 679 Contracts: have effect. of ordinante........5...... 500 729 Failure to maintain tracks...............00eeee- 500 730-731 Work to be under supervision of engineer......... 501 732 BOS ya) a0 P gi 27 ere a SPC RR OR Sk eR 484 672 Subway ordinance and laws regulating.......... 998-950-959 Free track to Crescent Cotton Oil Co............. 894 mek tCEnT TIsees TOR. ClOVALOL os oa vieghoe sot ach ecees 895 Tracks on Adams avenue ...........sseseeeeeee 908 1158 GENERAL INDEX. ke PAGE. RAILROADS— (Continued) ; Chesapeake, Ohio & Southwestern.............. - 1082-1083 City. & Suburban Railwayc oss 3. tac sie eee 1081 Citizens” Street: Railway). wosaas Sesh aos opel a! 1082 Choctaw & Memphis . Railroad.............600% 1085 Choctaw, Oklahoma & Gulf Railway............ 1006-1086 Choctaw, Rock Island & Pacific Railway........ . 1017 Chicago, St. Louis & New Orleans Railway: Track on Trezevant and Clinton streets...... . 909 Clarksdale, Covington & Collierville Interurban Co. 894 © East End ¢ttailway Coss s. «dss adeess eee oo 1080-1087 Fort-, Pickering Railway. - Co. .5.5. 0s 5.6 iwaal ace Ss eee 902 Illinois Central Railroad: Tracks on Trezevant and Clinton streets...... 909 SEU War sii os Sra scare ares nto stakes 1078-1082-1084 Lracks\imto»: Linden. Station, $54 . yess eee s 905 Tracks across Adams avenue .,..,+.+-++++++ 908 Tracks: on Clinton streets... 7.5.3 eel pe ees 908 . Rent aah Sex ies a ikea Cee ae Soni sce 398 Trackstom river front; \ 2,34. wen Picci ctl wee 848 Tracks across Calhoun street.............68- 906 Tracks rear Williams & Co. mill.......... ae 1078 Tracks on Georgia street....... oid oie bones 1084 Contrapgof -Jutie 21, 5188050). 5 a we en ces 1082 Tron; Mounsaim: Railroad), 3..¢ 5:0 045s sees eels 87'7-1079-1086 Jackson Mound Park Railroad ......... ten ee aaey 1081 Kansas City, Ft. Scott & Memphis Railroad: Track to Southern Biscuit Works.......... 897 Track on) Ghester® streets Us fon eh ee 898 rack to Gulf Compress) Cosco cces Owns om 899 Track on Kansas, Simpson and: Florida aves. 902 Hlmwood cemetery “bridge: 220.0 2. NS 1043 Contract sess oe. aids pee eae Oh oe wie Meee - 1086-1087 Track to Brown & Hinman property........ : 895 Track to Tennessee Granite Brick Co....... 896 rack on) Broadway nic, Wasa sie ise mee eco 997 SECTION. 1381 GENERAL INDEX. PAGE. RAILROADS— (Continued) Kansas City companies). 5 60s eR 997-1043-1086-1087 Louisville & Nashville Railroad ................ 873 Track on Trezevant and Clinton streets.... 909 rack or “Front” street. 90/50 ..6 ae he seth aerate 1027 EraeOeeon, Hiph Street, . sie saws 4p eda eae ais 1078 Track to Galloway coal yards .............. 1079 Treck to; Linden Station: or. 2, okies co. 6 905 Track into Auction square, etc............... 1084 SL PAeh SCLOSs 1 TUT: SUFCEU savas ccs tha cee chs 1084 PSE WR CLS Sana saath opiate weg er zigh Onin. e Bee wires 959 Memphis & Charleston Railway ................ 1087-997 wempuis-Wity, Railroad Cos cris eget eae eee 1080 Memphis, Greenwood & Prospect Park R. R....... 1080 MER nhis Geosit tle HOC (Lethe ste oie ey ale mie ee © 1085 Memphis, Paducah & Northern R. R............. 1082-1083 Memphis Street Railway Co.—(See “Street Rail- ways.”) Pitt yovear ii vanehise wipe. c dicitier wiieee seis oles 761 Union and Jefferson street line.............. 767-768 Pauline street and Jefferson avenue........ 769 Tracks moved off of Second street............ 770 Tracks ‘on Third street. et al.....5...0..00% ‘770 Tracks on Raleigh avenue ...............-. 770 Tracks On WiGridas. AVERUG: 4554. s fee dues oe 770 CeRTACe Of; Set Sp LOSE er secs re ere ets 1080 Central avenue (neutral strip).............. 771 Successors to Memphis St. Ry. Extension Co. wise Poplar avenue (neutral strip).............. 792 Right to carry cotton samples............ 793 Madison avenue—Rights on ............5... 793 Lamar boulevard (neutral strip)............ 796 Madison: ‘avenue bridge -.523. vee Si bee os 1087 Street crossings—Conductors to announce.... 797 Monrde Avenue WTIdge fo ee Sak Mice We ee oa 1087 1159 SECTION. 1160 GENERAL INDEX. PAGE. RAILROADS— (Continued) Memphis Street Railway Extension Co.: HYONGHIBE Usa yates eee wr CR Ce eles Sante Y “We 772 Charvery ic cas wakbelcees wey Re ees ee ee 778 Memphis Railroad’ Terminal, Co... 5000.00 6 ge sete out Mississippi & Tennessee Railway _..... . jaa pele al 1082 Nashville, Chattanooga & St. Louis Rail- Ag ie ALS eel Pap M a Bia rs 864-959-1001-1023-1040-1078 Hlmwood-bridge rs ssa sas iia leceethns 1043 Berlin: Coal’ Col spurt. [24445 oe eae soc aeons 1047 (See under letter “N” for further references. ) : Newport News & Mississippi Valley............ 1084 Railroad ‘Terminal, Co. 0 se ip pace pak. she ee 391 Raleigh Springs 2Reilway.-.2 vs. a. awe n eae ete 1082 | St. Louis & San Francisco Railway. oe . seta 895-896-898-899 St. Louis & San Francisco Railway........... : 1043-1079-1086 Springfidld & Memphis Railroad................ . 1087 Southern Railway .........155-950-951-959-997-1043-1080-1087 Tennessee Midland Railway ............++.+.5+- 998-1001 Tennessee Southern Railway .... 0.005. 4-5-08 <8 ree 1083 Union Railway Co. (Belt Line)... .878-997-1078-1079-1088-1091 VM WR Ree: Reet 905-906-909-959 RAILROAD TICKET BROKERS............-. rte 391-639 RAILROAD TRACKS ON RIVER FRONT..........-. 848 RANGES ANBICLOCKS x gay lueteee ae 391 REAL HSTATE’ DEALERS 2 6u fe 391 REAL ESTATH-—-Sold’ Tor taxes 9375 craic alec ace 643 RECKLESS DRIVING: (joc. a) ie es 477 REOCORDS.< Cauviaceed: ie ae 261 REED, & DUROKER: Rent. .-. eee * 398-1074 REFUNDING BONDS eo ae) Pe By: 246-692 SECTION. 108 107 1087-1090 © 641 pe NAAR SO ONES Sie Bice og aida eee, is ane rae otter, q q 5 DE OO ee a ey ee PR ee ale De Be oh) CP een aR eee” Bn ene aera GENERAL INDEX. REGISTER— (See “City Register.”) REGISTER OF LICENSES AND PRIVILEGES: (See “Collector of Licenses and Privileges.”) Peeetretiony utpolied> iri vs fhe oes ee Ree ee oe COLL Yo PROP MER LY 75 aia ois cm wie «a othe REPORTS—AIl officers to make..........-2..eeeceee PeewotNG ANVOPFICER 4:28 WiAnmie li beei oS RESTAURANTS—License ..... A kaahne ce atts aan iene REVENUE: Oficers\:totpay over: toltristee......0.5 666. ee eae Monthly -eqtamates: 3 2.005550 9 08 Ra RMT eR, sete RUBBISH: SIC AMS LOTUS cn s'h go vince cpini #8 ple ble soto EP ps 8: IR ne), My eer Aen AE POE LCE ge Oar Fo be ‘removed fromstreéts..-o. os. ee ee ebm es Tia dade OS Us OT: LOC a soa o's ca oe ahd wwe sno Ma Gs so ole, 9 SADLY “OA Mos Ratlroads son .r sss wee nao eter sx as SALARIES OF HEADS OF DEPARTMENTS. ......... SALOONS: Mens reno, Of COLI 3. eee he ote ae Os4i Bas ‘Liquor sold in-quarts......... AT ONE PO Liquor sold in‘less than quarts. . 00. 0:0. cae ‘s Orderly house tobe keptan. ses. else cle cin Se Rane Sse ye MOL APM LOU 0) ad 5% 56tee miss oka ote atnsetntaialeye's PUTTER Go COMA 1s eal wae ere: g ners 930" ob, iar Soo 9 OR RRL BR ee CAC IRIS Soa oars Sak iim shtisy pg ake Sead Miection day——-Closine os Ak ole © ah Kole WARS ee es RULES LT) auth wo Waka wi cera ened o peatioagioam ath mi Alp SA'S, Sea We PUI CBGILITE Sine det ap areiela co slave sited Ween win erores Z RIGO PRELET. HOUT Bers. stain ooo soe ag iano ce ot Lae Minors ators NS ee ah: Rte eB PON, Sr a SO PAIONS TOWN PIED DOUG Mache wave ehce tae dn are a 's,0in he TRVOERTERIG + BYORI EES ceo! tate a Siar svyecd cl nivh erga alae Ae Spark NTT Vibe See a. uf da Ne os Pa ets nin 4 Rowe, «eee to Ren Dalen sNOAy Marke fOr DIdUents g-igiseiay 44 Siete ieane’s Fe PAGE. 261 458 467 468-458 469 469 469 470 470 514 1161 SECTION. 125-588 372 11 620 110 12 13 188 279 280 1032 671 265-266 589 601 1162 GENERAL INDEX. SAINT LOUIS & SAN FRANCISCO RAILROAD: ee Track to Brown, Hinman & Huntington property. . 896 Track to Tennessee Granite Brick Co............- 896 Track::to- Gulf Compress: Oo. ii. be ee torres 899 Track to Chester street. 00. bis o 3 es Pisses 898 Elmwood eemetery “bridge. hi.s's due vas eae alee 1043 To connect with switch front of Valley Oil Mills.. 1079 To close. cettain..stree&ls sein oy wk tae ee ere 1086 SANITARY INSPECTOR AND OFFICERS.......... 40-258 SANITATION-—LEaws, ete. ye oe ei eee 40-320-347-360-364 SAU SAG IR Ger eeace ou Sa aie vr ac ae tae ane 332 SCARLET PHVB pier have ware ae bes ete te Set 352 SCAVENGER (Xess SG tee eats eee ae a ake See 348 SCHOOLS— (See “Board of Education.”) SCHOOL BONDS—(See “Bonds.”) SCHOOL BUILDINGS—Material, ete. .....:......0. 50% 604 SGHOOE sTAX SEG os Gee) mee es cote eee Oe SECOND-HAN DH DEALERS... ic swe ce euanee eh eee 394-508 SECRETARY WATER DEPARTMENT—Bond........ 257 SECURITY DEALERS—License ~ ..6) 0 20.0 (4.204 48. 393 SEWERS— (See “Plumbing Ordinance.’’) Refuse from: «gutters, * ete. 5 soiree ys cess ons. 00s, bc paphaias «kate aieueee 513 Peete CR EANGILAMTON | 606 oo cs how eve oes 952 RSE CP RIDING ote ale acta sa sale d.helell ee oe 954 Sey bree bi mesicense 2 vies. eT aun Vind YOR 392 Se Per AMM (A DCCIA]) Osu oS cede viele Dlbeu.e oe tt wale / 92 SEWER OR DRAIN LAYER—License, bond, ete....... 403 SEWING MACHINE CO.—License .........0. 00000 ‘392 (gel ETS 1 a a bo or 398 UNMET ININ = LGRSC i 6S oe a so a eee coe eale ¥,0 wave wlewidls 1068-1091 SIDEWALKS: eo requiring -tenants to -lay i... ce ee. a 40 Power to compel the laying of.................. 41 Fish, meat, etc., not tobe sold on...........00%.. 340 SRO MNMEE IOVS RRA INI Sat oa eo. 015 gens el eiv a, We, shbce We om by ova a’ deans 340 POCME KEN CORN “Yio e scale ee sere dies Une ae 358 PRIME POR Gs ie ah iF ov = msg ive meee! 0. ¥ 8-6-0 8 ERA er oo 365 Notify water department before laying.......... 422 PURER Ee Gly Coa bin cto cain oe ot oe KYA ON AHS gas 436 Granolith—Specifications, etc. ...........se serene 437 Granolith—When to lay ..........ceeeceereeaes 439 Portions used for building operations............ 542 Pavements—Approval Of ........+sseee eee cece 439 Violation of ordinance ........... cece cere erences 439 Grades to be furnished ............- eee ee eeees 439 Minors, non-residents, etc.: Notice to lay by publication .........-.-++5- 440 sEnforce the laying of... 1... 6+. sede ee eee ee eee 440 Curbing to be set ....... seer eee eee etree eens 441 Standing on to entice trade.........-+++++++55- 474 BPP IIROE ON ry tia were a eines Hote Riva! #14 wit hy bine oni 479 SODAETUCEIIO ES fyi eo is ne aie He eae oe ete a Ha 479-491 1163 SECTION. 408 119 384-387 112 493 847 et seq. 494 495 496 7 1164 SIDEW ALKS— (Continued) Throwing trash or dirt on....... To allow grass, weeds, ete., OM. ...........-.5- eer ee eee ee eee e City may clean at expense of owner......:.... Sighs: Ware weve wee ss Execavatione weeks cut pee eocwo eer ee eee eee Shed over for protection of pedestrians........ To bé: kepbamarepair ee oe .1) gach ore eer eee ee ee Notice tobe given ‘Lor: Ja yimg iso... t eee ates Not to be rented by anyone.................0. Violation of ordinance .... SIGNS: How €recteds: 5 teas ne eas illuminating? fireiie wes os Business signs required ... Hung over sidewalks ..... On wagons frightening horses ..... SINKS: Construct to prevent escape of vas. salon even ae ae JOM PEIOG Pe tees eon ee Failure to provide cays bank me Ral SINKING FUND: Parks hondsc oe ee School toadan Cn Pieoh eoruis pee exe x aa ravatglare totaal SKATING RINKS—License .... SLAUGHTER PENS: Right to suppress: ......... Uinsanitary 207 2h SR tenet Slaughtering so aeons, ik Within one mile of city limits... SLINGSHOTS-—Sale forbidden SLOT (ACHING Sticense ee a Poe ee eee GENERAL INDEX. SMALLPOX: Remove patients to hospital Notice to be posted ose eee eee ewe sree ee ee we BE OB Oe Oe 6.8) 0 & oe. 0 a 0) 0) 416. OC Che Ke 6.8. 6 Infected district declared IAA ONE ee Cte dco ou. Cound nie feud ¢ oR oe eke (BU UTEY Ss gael a ea eR er MAN Ad eg Am public places= 2... eee cde wee eu ne pMgeESTACKS—Forbidden—When ............0..% SOAP FACTORIES—Right to suppress—Where eet ALN S——hicense 056... oe eee ats a pies Bee tee BABCUIE WORKS: ooo 2c. ee cee ce ee ot SOUTHERN PAVING & CONSTRUCTION CO........ BeeeeaterALLWAY CO... oo. eco oe eels tle auea ye ore ee wee Elmwood cemetery bridge Track on Broadway ob) a) we, a) 0 eo ei 6 e000 6h eee 0) 8.6. 6 6, 0) an eye! © (e 6.e te Seine 6 0 @ 0 6 eo) ais, ©) ae Sue ba) 68 ae Subway—Lamar avenue maak evor Moore Bros.’ yards... 6... este wa Southern Railway yards—For park purposes...... SPEED LIMIT—Railroads a SENG GS Pi SPECIAL TAXES—(See “Taxes.’’) ee eC Side WALKS i... we eb eemeiee ei meleiee STABLES—Sanitary provisions, etc...............4.. STATEMENTS—Mayor to make STAND PIPES—When required STANDING ON SIDEWALKS TO ENTICE PRAD EAR. STEAM BOILERS—Inspection STHAM ENGINEERS:...........2-..60006. ee ee ot STEAMBOATS—(See “Wharves and Landings.”) STERNBERG & CO. STORM WATER—How disposed of STOCK YARDS—License a 0) 8 x67 wt wee Val erie (pO ef oé dle) pe» Oe a6 af 6F 6) Je" 6) Gr elja ‘ee 6 Gr w) "6" stimtie als: oo ws 6 © ole. € £06 6 a ee 6 6 6/¢ Get bt ee, wale eWal otcs) a6 el, Sarde, SCL A ae See eye ie a, wel eo @ © 68h 0, ape) Oca e le SAB ee. e, @, lo) ef Si foad e268 oh ere Ons) 6.70 /o al eke. 4s 393 897-1079 1057 998-1087 1043 347 70 584-585 “ead | 40 270-271-272 1165 SECTION. SY3t 182-298 1081 1082 294 945 746 © 6390294 927 199 648 75 343-893-1019 63 : ae 1166 GENERAL INDEX. | PAGE. STOP COCK—-To ‘renibye 42. eee: Loe 421 STOCK: , | a Feeding in streets ..... et a atch tent cop ichony 3% 481 Drivine over Screeter ier ci ee ee oe eee ae 482 Restilatin ts 405 use Sen oe ce ee ee 337 STREETS: Busldiny “Peo visrOna Sok Sah cece ee atte ee eset 489-542 Wontrol ares pe Geo Pee ee ee ate Sosy te eee 42-43 GMAMUTANE SOF SR AUGEIND oy ss 32ers SR et na eee ee oe ener ea "489-490 Excavations—Refilling of, ete. ............20.00. 435-489 Excavations—Permit required ........ ie en tN are ete Vs tates Engineer to fix building line...:....... La mee Be hea Reeding 42. Cushioned .. seats 0. 5 tees iy Bee ae ide eee slg Re wat 357 To be kept clean BN Peele Sanam eee) PATTI 367" 481 * EF Aa 489° ees may GENERAL INDEX. 1167 PAGE. SECTION. STREET CAR COMPANIES—License .............. 393 117 STREET COMMISSIONER: EMME, WAY oak LIOR GS Pe cies My Se Dos wang ws hie Shee ares 44-82 7-98 Pieewon, salary, duties, bond... 0266600 s cae ees 82-258 98-99-2 ME WRI soon Sic wlan Ou g's inde a eae tle p es 650 1104 MPUMMEB ER ANMUNCILIOSY 6.4 an pooh a aw ees eiwin ey wees 650 1105 Re oS y co) wise atk F5's aa tmteaeets a oke MS 651 1106 MR EST ad Any wind Dc Kis g, wis wath na. gM aa cig eT 652 1107 SLREET IMPROVEMENT BONDS .............. 117-986-751-988 STREET NUMBERS: EES Iie has in oS a nsyole ss rote sae whe, mele none e 668 1143 1 A SOE ES Sa eit at Soar es a ae Pe 7 669 © 1144 DR eeeerAPe DIS PIACOU 54 oo 25 seks als « os els et bee apes 670 1145 STREET RAILWAYS—(See “Railroads.”) IRIE Urcge hes 4 4's.0 os Wak ec west e mec os sein wieee hen 652 1108 MNRAS ANE cS cach oc sho hi ayia, 4 oe Rh igton Aim evs oem ae a er a 492 702-704 RIPEN CAE STi ac doa. wave, 8s Anke leger'e © poe le| wise esas 492 703 Accidents—T0O avoid: 2.200... ee ee ee aw eee 492 705 Right of way on tracks............. eee c en ences 492 706 OTEICE TOQUITOd 9 ooo ie sede hich e cree terees eens 492 707 MMITOGU., CTOSSINGS ©”. ". oobi. eres ae eke tien AAR 493 708 Rights subordinate to fire department............ 493 710 Double and single tracks..............-s00.s000- .., 494 711 Streets—How appropriated ..............:+ee05 494 712 Provisions as to rails, etc.......... 20. eee eee eee _ 495 715 Provisions as to paving .........----+ssseeeerees 495 716 Adjoining parallel streets ........-..++-++++--+- 496 717 Tracks on unpaved streets .......-.--0++eeeeeees 496 718 Paving streets—Notice to be given........+++-+-+> 496 719 Routes to be designated. ........----eeeeeeeeeeee 496 720 Tracks flush with rails ...........-2+eeeeeeeees 498 721 Grade of roadway .....-....-edeseeeseeeeeees 498 722 May forbid laying of tracks.......--...+++++55 499 723 Council may determine ThiutReie Oak At ee oes 499 724 Ween eo OGENERAL ANDER. | ae STREET RAILWAYS— (See “Railroads”)— (Continued) ee Cars passing another—Stop—When............... : : 499 Specd Wmibancss noe UN es ie its * 499. i Viglitioh <) hh a STREET WALKING ........ Pa ey 2 Oa STRONG & JONDR heise) ona ee hovi-309 eae SUBWAYS: ee Be Subway ordinance—General ig ete EAS ae eae , . . * 950-959 The Jaw as to Siigeae: Sand pts Nord mies ee © | 998 ‘ SUBDIVISIONS: ep PECIMAD CS aA: oe ied a sncg cesh ht mvige ee whe wes Bae ee ie cae 662 | oe Rules voverning ee ; pia yee Srcdhig wee etc) ovata < : Ris ioe OG Ay alaye a ae Outlawed subdivision COURT ote ae aoe tae os ete OOM SUPERINTENDENT CITY HOSPITAL..... atigath< ssa) S06 R50 gee ae SUPERINTENDENT GARBAGE DEPT.—Bond...... 258 es ane SUPERINTENDENT HEALTH DEPARTMENT...... 187 i re : SUPERINTENDENT WATER DEPT.—Bond ........ aan SUPERINTENDENT STREET SPRINKLING—Bond.. . 258 - SURFACE WAMBR c(i coiwy neue eae Soisiehss. 363. SURPLUS—May transfer from one account to nnopier 200.4) tpi 3O. TANNING. pisjgeegtetstacnccune+ sere eet viriunte eget TARPAULINS—License ......... ++. Se a, err TAX ASSESSOR: | deep aba . (Office created, term and duties. .........- hue ts oy th 82-303 TOW NSToN a6) & Gite: lr: ROURa ear ortininns No tea eG. Ue my ream pete A » 83-3038 05 AU: Salary . =. si)... Bering < heres he: aan RG ok ae 83-303 meee 104. Asmistamt : Jciuo ccs auisiuues eee yiceibrs nly eiallpiakce os ar ntaseat a scans 83 Power ‘to administer oaths). 20.04). vi... Pay} Rane Tes a eae Bond: chia ee ee ee we ev ioe aaa ame TAXES AND TAXATION: REECE th wl Power Of. taxation ve. ot. eee ike es AA Oieas é Time of: paymaent (202 cai. S38 Ree RG ee Ree ee 88-303. ‘ina Rates i. ov aang Lis es a ee ee Dehiiquent gs tee. ee ROM ENT ee) ce fa. — -§8-88 a ee GENERAL INDEX. . TAXES AND TAXATION— (Continued) PAmeemerIenteeGdiced |... vats wee ain eb AAS ‘Levy—How applied and maximum............... ‘Property exempt from execution...............-. ee LO a, coh LR tae ee ‘Property UN] CAL AR Rte ae RL PS, Ske are ac A me ME Me ee Rg ere Fn My ee ee ay, Bae eee Meteo 2 OS LES WDE ES Neko a ee ad ‘, I a cr RADE SA pve See Pa NSE MMT SAITO 90) ake dia. 3) 3 acd xi he hse os Sesh ewe Beem NOOO —— HOW oo ees aig case jue Stele Skies Privilege Taxes—(See “Privileges”).............. oemeter-tstitnate’ of.) 0s Wee ty eens ome Sewer BD OCCIB NY Sy. oii aie eas iia vate weaia Hea Ue ates Parried to: BUrplus ws jcc. 55. 2 eee . OR ates Turnpike tax Ue a ans PP IT oS Release taxes prior to 1879...........-01..s snes School tax. ............... Peep eee needle ees MTOM OUT OPT UAUPOT soc. ws sehen Sian hay > Faas EC BeR BAER wer Iet eS shecik 5 Si, + ae eA wk, «5 Ne Spcoial——Aboliaheds sii. 6 ce Ee Eek hehe biog Porm Memphis, leyee (. .... 0%... EE. BR PAST ee els Borrow money—Anticipation ........... ee siesnhen Pe MY DOD 65 vac sn a's a woos isle cai A agus’ eee dads ES pita) te; 6) 6) 000 6 e ee, 8 eo Be 0 4) 8 Ov dpe Ue hi) @ aid Ae a) 6 67 Budget, 1909 Set Se BRE ANV OTT ix. hoses oe ale staat eres REPRE AT MEMNILT TOL Ve acc'c u's ois ev id @ oie tne, a hate bate ees : Gmmranatiomrotd city taxes... <6. Pas «5 oS asia’ Meee Communicable disease hospital tax..........-.... SE aaa aia gS 8 5s! ay'a 00 w wlelie Mache $59, 8 cele 1 AG Ae PemiING: DISTRICT—Created. «22.00/00 ne ate etre wee wrens 303 1169 SECTION. 32 41-114 4d 41 100-115 100 101-117-121 125 “74? 112 113 “414 116-125 e255: | 119 421 122 -. 123 124 125 301 302: 319 322 - 148a 148a 1087-1090 ~ 1096 1170 GENERAL INDEX. TAX RECEIVER: County trustee made tax receiver. 2.0.0.0... BG GOL GCT ABRRS oie ace id aces ced na cael e cacg hes ee NE Paxesto be dccept separate. scan cums eases Front foot assessment Liability on bond Compensation TELEPHONE AND TELEGRAPH COMPANIES: Pole rental Right: bo --ogcupy Streete ot. Ole ee san ote ree o | TELEPHONE POLES: To de Of Cedar, Steel, ClO. ict kes sn eed geen ee Rules for erection, ete. TELEPHONE WIRES: INGE SEG: De OUE Oe ide cic Ho Si eA re Constvucticny GE teri 2 ae Aa ee eee ecreeever eee ee eee ese ee eee ee eve oeceere eee eee ewe eee woe ee ececerecwrese ee ees eee eee eevee ee oeceeeoesereeeer ere er eee eee eo ee ere eee eeceseceer ee cee ee we ee we we woe eH eee Hee oe oeoereer eevee eevee oeve eee ee ere oe e eee ee eee eee ee ee eee ees ee eee eee ree THERITORTALSEIMITS: OF “CITY Uo oe oe cee THEATER—(See “Building Ordinance”)........... rr er ey ees ee ee ee ee eo ew ee eo ee wo Oe ee ee 6 66 Ce © oo 8! 08 Oe eS ew) 06s 6 8 6 o stlging 896 vaphe 38 SECTION. 105 120 106-109 106-2 106 107-108 108 109 371 372 627 990 1300 124 189 1377 1357 3 121-127 190 204 Art. 20 991 et seq. 1002 GENERAL INDEX. 1171 THEATER BUILDINGS— (Continued) PRAIA EM o> ROE ea ae ete ea 5 596 1004 MPMEIEGOLO Siesta ae eos a hoe rk Rot oie eee 597 1007 Pere MRM PC ISHOL BS. i, sss oak eee Rav ad Ano wee 597 1009 TR I i a wi, bg aia Byes BRM goles 598 1010-1011 SRM MES ERCP TALUS 0 035. a so s/eie over oneh sd OaRMDR A OO Re 391-639-640 108-1074-1075 Panetta is) BME COMPANIES: os oes ek tee 394 125 TRANSFERS—Street Railway Co. ............0 0000 765 14 TReANSE ER BUSINESS—License ‘2... 0.565.060 0 see ole 394 122 TRANSFER WAGONS: | PR Eee oD Snel a cl '¥ oo)! oR edly) one wees ara’ his RAE 464 580 Width of tires ...... ‘eth Te coh ig pay ey crane Pana 464 581 TREES: oO destroy or injure .....0...2%. SS ADAIR: , RR PENE ve 489 692 UNMET fa ka iS gece ai ahy weet ai avlonitas sae ie a rea 489 693 In three feet of city wires....:....0..0..0ueenees 506 757 MMe POLES 2G ahaa. sia so 5: ug hatte Wee hE at he oe 506 757-758 ROE ea DesGUte—W hel. ).d site eas Sa orbs 589 990 TUBERCULOSIS—Cows affected with..............6. 331 224 ePIC A TAN: WTC. gvaiccs Soko sooo be Ee slo EN 93 122 UNDERTAKERS: SG Ra oa ease eae Myra a eter: Pe Aaa ree 356 311 SRTT REM ee sth vine k a Slee He hen Sem ens 356 312 Read bodies. exposed “2... eh ea ewe elas 356 313 EES SOE | ie Ny aA A EEE Ie Ra ee akg 395 126 WNION. PASSENGER -STATION...... 6.0. cee eee oes 911 Art. 91- UNION RAILWAY COMPANY (BELT LINE): Ui) Ss CUA (as ag eRe ete ene ae Den Stat gt 878 Art. 87 "Track on Front street.....6. 2.02. cscs cece a ee eee 893 1354 Track across Henry avenue to Cubbins property... 893 1355a Route No. 3—Not to build.............. eee eee 894 1255¢ Track to Crescent. Cotton Oil Co........6..- 0200. 894 - Track on Broadway... ......-sesscee eee e et eee eaes 997 Elmwood cemetery bridge ..........0++ see e eens 1043 1172 _ GENERAL INDEX. 2 PAGE. UNION RAILWAY CO. (Belt Line) —(Continued) : Drack neae Ge yoso: Oi W Orke. oii Wiese wo pelle es Babe 1078 Tocclose, Brinkley..street 46. oe. 2.0 TES eee Saiat aes | 1079 | Line arommd ety nl. oes Aa ao ae a ges en ye 1088-1091 URINALS—Construction .......... ORAS ieee 2 Se VACANT LOTS—To be enclosed—When.............. 504 WA COEN A TONE Aa Ss PAE een een kas Pia cata 0 er 355-641 WAGER INO Peas OU ae arate Get y ae nab etea dete tk xe Load. Ween eas ec VIA GRAIN TS 8 erab rach he Ratatat gia a otacata apsmeeenedon Rud Cae Ee ream aa ies 469-470 | VALERY: One MEDS 0) 28 OR see 950 VARIETY THEA TERS——License: 2/0. a5 bo 0 5 Gee oe 7 3952. VAUDEYV ILUMISHOWS License iii cle ei ee eee 395. VEGETABLES: License—Regulations’ ito. sell, eben rics als kes 486 VEGH TA BE Bit ORNS iy vo ts sie ote aie a tev enn aes 451 VEHICLES: To give precedence to foot passengers...... Ree DP sioe _ 442 — License Paes se Nn ead. aR le 459-464 Drive te THR Ga ecco we eee Lites dawn: -460 Drive: in-owadk-— Wine te clus Bit eee acu a «appa nme : 460 ¥ A Licetee. pumibers: owe aniy be eerie. ad eee 460 “5 a% Numbers Heese SUPPUIAGs Ms: nen wu aes Meee s 461. : Widen oliatives bo Seo Se aa Sed eee kee _ 464 One PELSGM FON Sekt! SLM Gs Sek ee ee 465 eit OH CRUSBIN ISIE amr ee ics tt eR ante 5 ay hee ae eee é VETERINARY SURGEON: Election, salary, ete. ..2.... pape ties Se ghy, Sa 8G F ASo et eee VOTERS—Qualification ............ Boca ee ee Ee WAGES—Hours and pay of laborers................. 649 WAGON YARD=-Publie? -.2 yong haa eh ira ae le >: BBTBeke WALLS OF BUILDINGS—Dangerous......... 21.2.4... Seo WARD ROUNRHI RO Oc cae ‘Lan ena ke WAREHOUSES AND ELEVATORS—License.......... 395 WARS STH Gacsveniiyed oo meee Sa eee 345. Bh Die tos ee hs AP GENERAL INDEX. 1173 PAGE. SECTION. Pi ei tamt ANS. init Sees Pee ese Ts een rs 364 337 WATER—To be kept pure and open.................. 336 245 TEP ei sien eRe te Le ARO O toe oes ea) Lee eres 336 245 WG £0 OVGTTOW? BIGOWEIES > vtewles Gases Spe. qin ee oe 340 262 Storm water—How disposed of..............600. 340 262 WATER BONDS: SO ROU UNIAN ee cart ences pitees sey cok 689 1176 BR ULE LO TEBE) oe.) Seat nc ary 2, ante ae neem Rain tue alas an ee 728-732 1182-1183 PED UUOW ISGUS ad steven miner nee rie era une 6 ide 2 ee 740 1196 BAM OGL). WSBUG wanelenieincedde Ran € ae inlaw ate! Rew o bieceis oe 736 1189 WATER CLOSETS: DAU AAILE INS Sooke «ve EN A aie SE alee sd Mayet abet gs 413 432 DAU eS ERUMENYY Ses fp, see eo ee es dees ee ae he ec ae ecto ww 4 F 40 4 EU pa a RM a Tatar er AS Sar ai iar aati 364 338 Construction—Hsca ping: gas 0 sss. veejee felons ee a ae 8 341-412 267-427 PREC UMOTE tea of 28. 5M dere a! ta cha ce WgRR BNE 5a) Boao EN ool 8 one 364 339 PAUL ERUG SDTOVACGS sx itcbare sou ary Cette al dae sito gree ie 4 362 330 ROME GO WV Tem ia ara 232 wis. aie be etene: sein 8..tie we ast 9) Bien 2 he 412 428 PSMA AGO 1K oFiee FS) asc" Ga eee ON beset aes Saree 421 446 Penalty for VAOUR GAOT ie: pS ates ge Feces aa tote casa Shas 421 447 WATER COMMISSIONERS—(See “Water Depart- ment.”’) . WATER COMPANIES—License ...... Rare SE a RE ge 395 132 WATER DEPARTMENT: oiaek OF Mave Ly Lede a wee fe Mirste aetna ees woiaibeone = 1088 Board of commissioners established .............- 142-681 182-1169 Binds, PION BE CN MAAN Sa Apne Ie alk pS Lond 5 257-682-689 2-1176 BIPnG to Bequire? property es sc. tise wee see Op Re ece 136-43-44 171 et seq. Peril Obi COMIIMIRSIOUETS Meroe ec cpown ye hele whe eres 681 1169 Vacancy in: board—How) filled’ 10 .c hie ee a 681 1169 Ru See VOUS PY ea ha Sw 6 Gree eR RACE She cm wel intwie te bts 681 1169 Peele VOT CAAT MOAI ike op era Wear tape ee eg 5.84 oe Bat 682 116) NET Re AS RS Bae deel Rt 9 ie aie RR a ae Ba 682 1170 CO DORUPAEOTIG On. i See Fee emerge tN Tate NO ay 683 1171 1174 GENERAL INDEX. | | ) PAGE. WATER DEPARTMENT— (Continued) Duties ofiofficers’ ss 0250 et oo pies eae ie 68825 DBupermeendeny. yy sess we Me wees oh es lee eine 684. To furnish water free—To whom...............- 688. Meters to be removed—When..........+2ssceeees 688 Pipes to be kept pure ...........%. tiene haat he etah a 336 03 Water supply—To waste ©... 0 0c ee cet ste bie oeaie's 422 ee WATER PIPE: | ive WE abbas iene aes a eee 409-505 PONCE AN Ges a vcs a oe ee see ka eee aeons # 409 V Girb Pipes LEC Rigs bh stray ote « Cinea ean eohiers Pe ee: 409, | Termination of ....... SPS oad bas a a ean nein 410 Wrasteu trom 2) 2005 0 Ror ss OAR ea ae 411 ARE AGO COE Pees ooo! G sw wine he a Cee wee iene Deate ate Saeed 413 To be kept pure Bae SEA ale ey ed re age 336 WATHE PLUGS-—Tainpering with /s1. 0.66 eu 506 WATER SUPPLY—To waste ............ Boe ete 422 - WEIGHTS AND MEASURES—(See “Inspector of | Weights and Measures.”) co Articles and fees for inspection... sia. ie neers 277 Penalties to prevent inspection............e+00. | Pip Fees—Articles not enumerated ... Br Coke g Nee 282 Schediile phifece 0-5) Acute nei a eae 283 Falsetqweighte Oe ia. oe RP RS AOL PRO os 284 ., Violation ofiordinanées< 22.5 sive. des Sake eae + 282 MAES SO ee eee Ek iat er eee a See 41-322-351-479 WAR PAN DS ARNT ios ao itil cra aaa wh 42 TAGS We Be Sid oi vivsnice wr eaap hate Ooo wate ene enna an 285 Resulate giv. Ss cee Ss ae Regs obec, ans 1s Gills ise ROE - Penalty to refuse to COmIply eS. tS se sete ether 285 MHEDAIS” Aum esis Sk. prem ute anes S Beso Baltes erg. a 286 tM CGS; ate ate Wir eae’ by oltre iota allan, Nec mane ba en rea tee 286 eSpace Tised (iy: Vessela eas ee ee he te ee ater samen ee. 288 r Cares deposited oe tats eae aa ore gece aS 289.. GENERAL INDEX. 1175 PAGE. SECTION. WHARF AND LANDINGS—(Continued) CPS DE ICUMO INS ans 0 NUE. a Oe PED See Ov a Skee 289 94-95-96 Extent of wharfage : Veiets eee Soe ee avedsly ch ev in hth 01 ae 292 98-100 ERESENOROTE UT DOATAD antsy cals & sieve dieietacn tice idie aes! 8 292 102 POWER OL WALT DOATB . Ngurste Mina lia a Tae hae «5's 294 107 ERSEVS 80. WNULLOOBLR. cot ice Glas ae che gis san 200 ho 294 108 Business on levee—None ..........c0ceeerssceas 294 109 : HMB TION (OL GROITADOR Se so, Whos tees, aye att. bs inlbeh te ved 293 105 WHARFMASTER: BHECUION, BAIRTY, CLG hacen oe aire ups, ee ONY giele Oh 187-284 265 PAE DOWOTR, OG FS 5 Fico qty ab min wae ckirere enrol state 479 653 BRUM ROY, OT CCLION, COCs. ved tigre swith ae ade se he les 983 BOREMPS EO A SUMED 5.5.5 4s Sieh « Ib 6, eal awhdeh oh oe acylrar cn uaere aca ate 958 EL OPM LES bles Lath So vie a Kieldw tts FEI nh treme caylee walle 39 4 PARU CAND “ARWA: DRAINS” 302 kb eons A 408 412 YAZOO & MISSISSIPPI VALLEY RAILROAD: Track on Calhoun street ....... 8 Ta ge aE 906 1376 Track on Trezevant and Clinton streets.......... 909 1381 PEPBCKSAINCO LAB CCH: SUADIOW ston tain tacks Wie cook ersre aials 905 - 1374 Ret Wt VE ve Src est tenes OR whee ta Vela < ahal nate 959 PRR V VS ce Lr V SUES 4 pies eB sw Udine ke a ele ecm: aiw 4 9°h 352 298 th : 3 ae te ‘ STEM aged et i as ata Bic Pros bak RTS, et ape tae om