Statutes and Ordinances RELATING TO TIIE CITY COMMISSIONER’S 0 + DEPARTMENT, PRINTED BY ORDER OF THE MAYOR AND CITY COUNCIL OF BALTIMORE. JULY, 1395. Baltimore): WILLIAM J. C. DULANY, City Printer. No. ^8 Baltimore Street, East. 1895 . 352.0752er to establish, change, etc. 18 SEC. PAGE. 19 Power to pave, etc.18, 19 20 Grading and paving on ap¬ plication of owner. 19 21 Collection of tax, grading, paving, etc. 20 22 Streets opened to be public highways. 21 23 Owner of streets for pur¬ poses of applying to the city to open. 21 24 Notice to be given where real estate has been divided and calls for streets, etc.... 21 25 Streets, when public high¬ ways. 22 26 Cleaning private streets, wharves, etc. 22 27 Grading and paving foot¬ ways. 22 28 Grade, when altered on cer¬ tificate of Board of Health. 23 29 Turnpikes in city may be ceded... 23 30 Turnpikes, etc., may be pur¬ chased . 24 31 Power to regulate use of streets, etc., by railroad tracks, gas pipes, poles and wires. 24 32 Conduits. 24 33 North avenue, a public street. 25 Turnpikes. 29 May be ceded to city when. 23 30 Power to purchase. 24 34 Power to purchase and make the same public high¬ ways... 26 672207 ORDINANCES SEC. PAGE. Accounts. 29 System of.,. 39 Bolton Lot. 85 City’s control of.62, 63, G4 Brush Company. 216 May erect lines of wires, 217 Approval of Commissioners. 125 City Commissioner. 164 How appointed... 102 164 Assistants. 103 165 Assistants’ duties. 103 166 Assistants’ duties. 103 167 Assistants’ duties. 104 168 Clerk to and duties of. 104 169 What work department in¬ cludes. 104 170 To direct expenditures. 105 171 Annual report. 105 172 Statement of street work, annual. 105 173 How to head warrants of department. 105 174 Power over line of streets... 105 175 Fix line of streets before houses are built. 106 176 Appeal from Commissioner to Mayor. 106 177 Appellant from to file bond. 107 178 To fix expense of such ap¬ peal. 107 179 Power to enter on land to repair sewers. 108 180 Power to repair bridges. 108 181 Persons injuring work done under order of Commis¬ sioner, penalty. 108 182 To place flagstones, etc. 108 183 Repairing private wharves, etc. 108 184 Duties in Belgian block con¬ tracts. 109 SEC. PAGE. 185 Duties in repairing streets over trenches of gas com¬ panies. 109 186 Powers when streets are dug up.. 109 186 To have lamps placed on brick or piles. 110 187 Filling excavations. 110 188 To stamp gutter-plates. 110 194 Permit from to dig up un¬ paved streets. 114 195 Permit from to dig up paved streets. 114 196 Permits, application for, what to contain. 114 197 Penalty, digging, without permit. 115 198 To give permit for trenches, etc. 115 199 To notify persons, etc., to restore street and penalty... 116 200 To make repairs at cost of party failing. 116 Conduits. 189 Telephone wires to be laid in conduits. Ill 190 No exclusive rights granted in conduits. 112 191 Payment for grant of privi¬ lege in.112, 113 192 Cable for police and fire- alarm wires in. 113 193 Bond of companies, con¬ structing,etc., conduits.113, 114 Contracts. 12 City officials not to be inter¬ ested in . 31 13 No extra compensation to city contractors. 32 14 Advertisement for supplies, etc., to be in German paper.,32, 33 CONTENTS. V SEC. PAGE. 15 Advertisement for supplies, etc., how published. 33 16 How awarded.33, 34 17 Opening bids. 34 18 Contractor’s bonds. 34 19 Contractor’s bonds, con¬ ditions. 34 20 Supplies under $200 no ad¬ vertisement. 35 21 Comptroller’s annual report on uncompleted contracts.. 35 22 Contractors to pay mechan¬ ics weekly. 35 Employees and Officers of Cor¬ poration. 1 0dicers to make annual re¬ ports. 29 2 Officers to report indebted¬ ness . 29 3 Officers not to exceed ap¬ propriations . 29 4 Officers to be notified by Register when exceeding ap¬ propriations . 30 5 Registered voters to be em¬ ployed . 30 6 Salaries paid monthly. 30 22 Mechanics paid weekly by contractors. 35 7 Not more than one office to be held under city. 30 8 Employee to drive own cart and horse. 30 9 Skilled labor employed by Commissioner. 31 10 Preference to registered voters. 31 11 IIow City Commissioner to obtain skilled labor. 31 12 Employees, etc., not to be interested in city contracts. 31 30 Warrants, days issued. 40 32 Written orders for work, etc. 41 c Tones’ Falls. 34 Regarding streets, etc., of flooded district. 41 35 Sewer on west side of.. 42 36 Measures to prevent dam¬ ming of.42, 43 SEC. PAGE. 37 Owners to have property walled along. 43 38 Duty of Commissioner when owners neglect. . 43 39 How vessels to enter. 44 40 Duty of bridge tender...44, 45 41 Bridge tender to report violations. 45 Poles. 225 Owners of telegraph, etc., poles to file list with Com¬ missioner. 129 226 Poles removed if no list filed. 129 227 Failure to file list. 130 228 Not to apply to city poles... 130 I Railroads. 42 Tracks and switches. 45 43 To be kept in good con¬ dition. 45 44 Construction of. 46 45 Removal or alteration of tracks. 46 46 Obstruction of gutters, etc. 47 47 Obstruction of streets, penalty. 47 Railroad Ordinances Confirmed. 48 Baltimore and Ohio Rail¬ road. 47 49 Baltimore and Pennsyl¬ vania and Northern Central Railroad. 48 50 Pennsylvania, Wilmington and Baltimore Railroad. 49 51 Union Railroad. 49 52 Western Maryland Rail¬ road . 50 52 Western Maryland Tide¬ water Railroad. 50 52 Western Maryland Termi¬ nal Railroad. 50 53 Baltimore Belt Railroad .... £0 54 Baltimore Belt Railroad .... 51 55 Baltimore and Lehigh Rail¬ road . 51 VI CONTENTS. SEC. PAGE. Refuse Material. 2G Duty of Comptroller as to... 38 27 Duty of City Commissioner as to. 38 28 Separate account for. 39 Sewers. 86 Board of Sewer Commis¬ sioners .. 87 Oath of Sewer Commission¬ ers. 88 Oath to be recorded.. 89 Clerk to Board, and his duties. 90 Benefits and damages. 91 Proceedings of Board.66, 92 Proceedings when part of property is taken. ...67, 68, 93 Preceedings, statement to be filled with Register. 93 Notice of review of preceed¬ ings. Notice by Register. Appeal to Baltimore Cily - ri Q 93 94 95 Court.72, /o, Transfer of proceedings to City Collector. 96 Sale of property for non¬ payment of benefits. 97 Terms and conditions of sale. 98 Deed to purchaser. 99 Benefits to be liens on prop¬ erty.75, 100 Liens transferable to third party paying benefits. 101 Appointment of special Commissioners. 102 Proceedings to be com¬ pleted in 90 days. 103 Retiring Commissioners 6 months to complete work. 104 Fee and leasehold interest to be discriminated. 105 Obstructions to be re¬ moved .77, 106 Per diem to Commissioners 107 Papers to be deposited with Register.-. 108 City Commissioner to sur¬ vey route. 64 64 65 65 66 67 69 70 70 71 74 74 74 75 75 76 76 76 77 77 77 78 78 78 78 SEC. PAGE. 109 Proposals. advertisement for.. 79 110 Contractor’s bond. 79 111 Obstructing sewer, penalty. 79 112 Tapping sewer unauthorized, penalty. 79, 80 113 Private sewers, permit for.. 80 114 Payment to Register for permit. 80, 81 115 Gas tar not to escape into sewers. 81 Streets. 116 Asphalt pavement. 81 117 Mosaic pavement. 82 118 Establishment of grade on property owners applica¬ tion. 82 119 Establishment of grade by Commissioner in his judg¬ ment. 83 120 Grading and paving, etc., on request of property owner. 84 121 Grading and paving, notice in such cases. 84 122 Grading and paving, notice for proposals. 84 123 Grading and paving,owners, who deemed for.. 85 124 Grading and paving, opinion of City Solicitor or Counsel¬ lor. 85 125 Grading and paving, tax on property owners.85, 86 126 Grading and paving, list of persons liable for tax. 86 127 Grading and paving, notice to such persons. 87 128 Flagstones across streets.... 87 129 Without flagstones. 87 130 How to be paved. 87 131 Inspection of material....88, 89 132 Mayor may sign petition.... 89 133 Expense of cross streets. 89 134 Regrading. 89 134 Rekerbitig. 89 134 liepaving. 89 135 When property owners can pave, etc. 90 136 Bonds of contractor, pav¬ ing, etc. 90 CONTENTS. Vll % SEC. PAGE. 137 Contract forfeited, if no bond given. 91 138 Ten per cent, retained for two years. 91 139 Commissioners to close con¬ tracts. 91, 92 140 Regulation gutters. 92 140 Regulation footways. 92 141 Advertisement when foot¬ ways out of order. 92 142 How notice served.. 93 143 Failing to obey notice to repair. 93 144 Tax for work on footways.. 94 145 Tax, how collected. 94 140 Tax, anticipation of collec¬ tion. 94 147 Failure to repave or pave footways. 94 148 Inspection, biennial of foot¬ ways, etc. 95 149 Flagstones to be put down. 95 150 Bonds for paving, etc., ex¬ tension by Mayor. 95 151 Brick pavements, how laid, 152 Preliminaries to passage of ordinance for paving, etc... 90 153 Proposals, advertisement for. 97 153 Contractor’s bonds. 97 154 Cost, apportionment. 98 155 Advertisement of apportion¬ ment. 98 150 Notice by Register. 99 157 Notice, service of. 100 158 Appeal to City Court. 100 159 Repeal of ordinance. 100 160 Appeal, proceeding when taken. 101 161 What expenses paid by Register. 101 162 Notice to contractor to pro¬ ceed . 102 163 How kind of paving selected 102 206 Obstructions in streets. 118 207 Horse not to be shod in. 119 209 Articles not to be in. 120 210 Sidewalks to be kept clear. 120 211 Penalty for violating. 121 212 Not to be dug up for poles, etc, without permit. 121 SEC. PAGE. 213 Permit to erect poles, etc .. 121 , 122 214 Violation of preceding sec¬ tion . 123 215 Grades of streets in Annex. 123 229 In case Water Board fails to repair, duty of Commis¬ sioner.131, 132 230 Permit before laying water pipes. 131 231 Water Board to repave when. 131 Street Passenger Railways. 56 Tracks over bridges. 51 57 Repairs to streets. 52 58 Failing t o repair streets, penalty. 52 59 Sand on tracks. 52 82 Repairing streets. 60 83 Duty of Commissioner. 61 84 Fenders.... 61 Street Passenger Railway , Ordi¬ nances confirmed. 60 Baltimore City Passenger Railway.. 61 Baltimore City Passenger Railway. 62 Traction Co. 63 Central. 64 Central. 65 Halls Springs. 66 Highlandtown and Point Breeze. 67 Baltimore, Canton and Point Breeze. 68 Baltimore, Pimlico and Pikesville. 69 North Avenue. 70 North Baltimore Passenger Railway. 71 Baltimore and Randalls- town. 72 Baltimore and Powhatan... 73 North Avenue Electric. 74 North Baltimore Passenger Railway. 75 People’s Railway. 76 Baltimore Union Passenger Railway. 53 53 53 54 54 54 55 55 55 55 56 56 56 57 57 57 58 Vlll CONTENTS. SEC. PAGE, 77 Baltimore Union Passenger Railway. 58 77 City and Suburban. 58 78 Baltimore and Yorktown... 59 79 Electric Storage Co. 59 80 Edmondson Avenue. 60 81 General Ordinance. 60 Surveyor. 218 Duties... 125 219 Rates of compensation. 126 220 Records of open to the in¬ spection of the city officials. 127 Taxes and Assessments by City Commissioner. 221 Payment of paving tax, how enforced. 127 222 When tax assessed Commis¬ sioner to have plat made of property.127, 128 223 Deeds to purchasers. 128 224 When collector to send out paving bills.128, 129 Topographical Survey. 24 Geodetic and topographi¬ cal surveys to be made and official maps to be prepared. 37 25 Plats to be made and bound in atlas form.37, 38 SEC. PAGE. Vaults , Areas and Cellars. 201 City Commissioner to be notified by police of the con¬ struction of. 117 202 Vaults to be of stone, etc. 117 203 Iron grates over vaults, etc.-r. 117 204 While vaults and etc. are being constructed, precau¬ tions . 118 205 To be enclosed. 118 Water Board. 229 Water Board failing to make repairs to streets, Commissioner to do the work.130, 131 230 Permits necessary to remove pavements in order to lay water pipes. 131 231 Water Board to repave pave¬ ments dug up by it. 131 232 Water stops of private pipes to be marked.131, 132 233 Water stops covered by pavements to be marked.... 133 Addenda. Ordinance permitting rail¬ way tracks to be laid by Traction Company, etc. 133 STATUTES. HOURS OF LABOR. 1. No mechanic nor laborer employed by the Mayor and City Council of Baltimore, or by any officer, agent or contractor under them, shall be required to work more than nine hours per day as a day’s labor; provided, however, that this section shall not apply to mechanics and laborers whose hours of labor are already fixed at less than nine hours per day; and provided further, that the provisions of this act shall not apply to the employees of the Fire Department, Bay View Asylum or the Baltimore City Jail. Any such officer, agent or contractor who shall require any mechanic or laborer to work more than nine hours per day, contrary to the provisions of this section, shall be fined not less than ten dollars nor more than fifty dollars for each offence; one-lialf of such fine to go to the informer; said fines to be collected as other fines are collected by law. RAILROADS. 2. It shall not be lawful for any person or corpora¬ tion to lay any railway tracks upon Mt. Royal avenue between Guilford and North avenues, or upon Cathedral street between Saratoga street and Mt. Royal avenue, or upon St. Paul street from Baltimore street northerly to the city limits, or upon Calvert street from Read street northerly to the city limits, or upon Gough street Act of 1892, Ck. 286. Nine hours to be a day’s labor for certain city employees. 1892, Ch. 115. What streets not to be used. 10 STATUTES. 189 4, Ch. 69. Streets not to be used. 1894, Ch. 150. Streets not to be used. from Bond street easterly to Patterson Park avenue, or upon Broadway from Baltimore street nortli to North avenue, except upon the streets where tracks are now laid, without the consent of the General Assembly of Mary¬ land; provided, that this act shall not restrict in any way the right of any passenger railway company now incorporated, or that may hereafter be incorporated, to cross any of said streets and avenues where such rail¬ way company shall be authorized by the Mayor and City Council of Baltimore to use any street or avenue opening into any of the streets and avenues named in this act. 3. it shall not be lawful for any person or corporation to lay any railway tracks upon McCulloh street between Eutaw street and North avenue without the consent of the General Assembly of Maryland; provided, that this act shall not restrict in any way the right of any passenger railway company now incorporated, or that may hereafter be incorporated, to cross said street where such railway company shall be authorized by the Mayor and City Council of Baltimore to use any street or avenue opening into said street. 4. It shall not be lawful for any person or corporation to lay any railway tracks upon Baltimore street between Patterson Park avenue and Canton street, in the city of Baltimore, or on Barclay street, in the city of Balti¬ more, or on Biddle street, in Baltimore city, between Broadway and Maryland avenue;* provided, however, that nothing contained in this act shall prevent the crossing of Barclay street by any companies duly authorized, without the consent of the General Assem¬ bly of Maryland. STATUTES. 11 5 . That the Mayor and City Council of Baltimore be 1394, ck m and is hereby authorized and empowered to accept J No railroad from the owners thereof a deed of the land lying in the tracks to be bed of Eutaw place extended, between North avenue on Eutawst - extd - the southeast and Druid Hill avenue on the northwest, in consideration of an agreement on the part of said grantee, to be incorporated therein, that no street car or other railroad tracks shall at anytime thereafter be located or placed on any part thereof. Upon the exe¬ cution of said deed and acceptance thereof by the Mayor and City Council of Baltimore embodying said contract prohibiting the locating or placing car tracks upon any part of the land so to be granted, the said contract shall be and is hereby declared to be forever thereafter inviolable; provided, however, that nothing herein contained shall prevent the Mayor and City Council of Baltimore from authorizing by ordinance the location or construction of car tracks on such part of the bed of said street as are contained within the limits of intersecting or cross streets that are now or may hereafter be provided for by ordinance of said Mayor and City Council. 6. It shall not be lawful for any person or corpora- 1894 , c/i. 439 . tion to lay any railway tracks upon North Caroline No railroad street between Preston street and East North avenuep aG £ s t0 * e placed on N. without the consent of the General Assembly of Mary- Caroliue st - land; provided that this Act shall not restrict in any way the right of any passenger railway now incorpora¬ ted, ojl* that may hereafter be incorporated, to cross said street, where such railway company shall be authorized by the Mayor and City Council of Baltimore to use any street or avenue opening into said street. 12 STATUTES. SEWERS. p. l. a, 1888 , 7 . The Mayor and City Council have full power to pave and keep in repair all necessary drains and sewers; to pass all regulations necessary for the preservation of power to repair the same, and to authorize any person appointed by them for that purpose to enter upon the lots, grounds and possessions of any person or body politic, through which the common sewers run, or ought to run, to regu¬ late, make or repair the same. Kirby vs. Citizen's Railway Co., 48 Md., 168. Kranz vs. Mayor, etc.,. 64 Md., 491. P. L. L., 1888, Art. 4, Sec. 793. Obstruction, penalty. 8. If any person shall willfully stop up or obstruct the passage of the waters of any of the common sewers, he shall forfeit and pay the sum of one hundred dollars. An tsec 79?’ 9 * The Mayor and City Council of Baltimore shall have full power to provide for constructing, opening, enlarging or straightening any sewer through any P °s!r e uct!° con * street, lane or alley, or through any private property, upon giving thirty days’ notice in writing to the owners or agents of said private property within the bounds of the city, when in their opinion the convenience or wel¬ fare of the city may require it; to provide for ascer- Proceedings. taining whether any and what amount of actual dam¬ age will accrue thereby, and what amount of actual benefit will thereby accrue to the owner or possessor of any ground or improvements within or adjoining to the city, being governed as far as practicable by the num- STATUTES. 13 ber of superficial feet drained, and to provide for assess¬ ing and levying, either generally on the whole assess¬ able property of the said city, or by a loan for the special purpose of constructing, opening, enlarging or straightening any sewer, the sum necessary to pay the expense or cost, or specially on the property of persons actually benefited, the whole or any part of the dam¬ ages and expenses which they shall ascertain will be incurred in constructing, opening, enlarging or straight¬ ening any sewer in any street, lane or alley, or through any private property in said city; to provide for grant- Damages - ing appeals to the court having jurisdiction thereof in Baltimore city, from the decision of any commissioners or other persons appointed in virtue of any ordinance to ascertain the damage which will be incurred or the benefits which will accrue to the owners or possessors of any ground or improvements for constructing, open¬ ing, enlarging or straightening in any street, lane or alley, or through any private property, any sewer which in their opinion the public welfare or convenience may require, and for securing to every such owner or pos¬ sessor the right on application within a reasonable time to have decided by a jury trial whether any damage and what amount of damage has been caused, or whether any benefit and what amount of benefit has accrued to them; and to provide for collecting and pay¬ ing over the amount of compensation adjudged to each person to receive the same, or investing in stock of said corporation,bearing interest of five per centum per annum, for the use of any person who, because of infancy, absence from the city, or other cause, may be prevented from receiving it, before any sewer shall be constructed, opened, enlarged or straightened in any street, lane or 14 STATUTES. alley, or through any private property, and to enact and pass all ordinances from time to time which shall be deemed necessary and proper to exercise the power and effect the objects herein specified. „ _ _ 1QOO 10. The amount of benefits assessed on any property Art. 4, Sec. 795 . f or constructing, opening, enlarging or straightening any sewer in any street, lane or alley, or through any Benefits. private property, constructed, opened, enlarged or straightened by virtue of any ordinance passed by the Mayor and City Council of Baltimore, shall be a lien on the property and recoverable as city taxes are. p.l.l., 1888 , li. Before the Mayor and City Council of Baltimore shall pass any ordinance under Sections 792 and 794 N ordinance re notice shall be given of an application for the passage of such an ordinance in at least two of the daily news¬ papers of said city twice a week for sixty days. p.l.l., 1888 , 1 2. Before any commissioners appointed by any ordinance of said corporation under the preceding sec¬ tions hereof shall proceed to the performance of their Notice after duty, they shall give daily notice, in at least two news- ordinance. * 7 papers in the city of Baltimore, of the object of the ordinance under which they propose to act, at least thirty days before the time of the first meeting to exe¬ cute the same. P. L. L., 1888, Art. 4, Sec. 798. 13. Should the Commissioners appointed by the Mayor and City Council of Baltimore assess any part of payment of the expense and damage incurred in the construction, city’s share °f opening, enlarging or straightening any sewer in the city, upon the Mayor and City Council, the said Mayor and City Council may levy a tax on the assesable prop¬ erty of the city for the amount of such assessment, or they may raise the necessary amount by a loan, for the payment of which they may create a sinking fund to meet the liabilities incurred; and may also levy on the assessable property of the city of Baltimore from time to time such sums as maybe necessary to provide there¬ for, and for the principal and interest of the liabilities incurred, and may pass all ordinances necessary to carry out the provisions of the same. STREETS, BRIDGES AND HIGHWAYS. 14. All streets, avenues or alleys lying in any portion of Baltimore county, which, under the provisions of said Act of 1888, Chapter 98, became a part of Balti¬ more city, and which shall have been legally condemned as streets under the provisions of the Acts of Assembly of Maryland relating to streets in Baltimore county, shall be held to be validly constituted streets of Balti¬ more city in all respects as if the same had been legally condemned as such by the Mayor and City Council of Baltimore; and all proceedings for the lay¬ ing off, opening, grading and construction of streets, avenues or alleys, which shall have been begun under Article 3, of the Public Local Laws, title “Baltimore County,” sub-title “Streets,” shall be proceeded with and completed under said article and sub-title. 15. The Mayor and City Council of Baltimore shall have full power to provide for laying out, opening, ex¬ tending, widening, straightening or closing up, in whole or in part, any street, square, lane or alley within the P. L. L., 1888, Art. 4, Sec. 4. Streets in An¬ nex. ' P. L. />., 1888, Art. 4. Sec. 806. Powers of M. and C. C. 16 STATUTES. bounds of said city, which in their opinion the public welfare or convenience may require; to provide for as¬ certaining whether any and what amount in value of damage will be caused thereby, and what amount of benefit will thereby accrue to the owner or possessor of any ground or improvements within or adjacent to said city, for which such owner or possessor ought to be compensated, or ought to pay a compensation, and to provide for assessing and levying, either generally on the whole assessable property of said city, or specially on the property of persons benefited, the whole or any part of the amount of damages and expenses which they shall ascertain will be incurred in locating, opening, ex¬ tending, widening, straightening or closing up the whole or any part of any street, square, lane or alley in said city; to provide for granting appeals to the Balti¬ more City Court, from the decisions of any commis¬ sioners, or other persons appointed in virtue of any or¬ dinance to ascertain the damage which will be caused or the benefit which will accrue to the owners or pos¬ sessors of ground or improvements by locating, open¬ ing, extending, widening, straightening or closing up, in whole or in part, any street, square, lane or alley within said city, and for securing to every such owner and possessor the right, on application, within a reason¬ able time, to have decided by a jury trial whether any damage has been caused, or any benefit has accrued to them, and to Avhat amount; to provide for collecting and paying over the amount of compensation adjudged to each person entitled, or investing it in stock of the said corporation, bearing an interest of five per centum per annum, for the use of any such person who, because of their infancy, absence from the city or any other cause may be prevented from receiving it, before any STATUTES. 17 street, square, lane or alley in whole or in any part shall be so opened, extended, widened, straightened or closed up, and to enact and pass all ordinances, from time to time, which shall be deemed necessary and proper to exercise the powers and effect the objects above specified. Mayor, &c., vs. Moore, G H. & J. 375. Mayor, &c., vs. Hughes, 1 G. & J. 480. Alexander vs. Mayor, &c.. 5 Gill, 383. Methodist Protestant Church vs. Mayor, &c., G Gill, 391. White vs. Flannigan, 1 Md., 542. Moale vs. Mayor, &c., 5 Md., 321. Steuart vs. Mayor, &c., 7 Md., 500. State vs. Graves, 19 Md., 351. Mayor, &c., vs. Bouldin, 23 Md., 328. Mayor, &c., vs. Clunet, 23 Md., 449. Hawley vs. Mayor, &c., 33 Md., 280. Page vs. Mayor, &c., 34 Md., 558. Norris vs. Mayor, &c., 44 Md.,598. McCoimick vs. Mayor, &c., 45 Md., 527. Northern Central 11. R. Co. vs. Mayor, &c., 4G Md., 425. Brooks vs. Mayor, &c., 48 Md , 265. Mayor, &c., vs. St. Agnes’Hospital of Baltimore, 48 Md., 419. Black vs. Mayor, &c., 50 Md., 235. Mayor. &c., vs- Reitz, 50 Md., 574. Tinges vs. Mayor, &c., 51 Md.. 600. Hiss vs. Baltimore & Hampden Passenger Railway Company, 52 Md., 242. McMurray vs. Mayor, &c., 54 Md.,103. Hall vs. Mayor, &c., 56 Md., 194. Mayor, &c., vs. Black, 56 Md., 333. Hodges vs. Baltimore Union Passenger Railway Company, 58 Md., 603. Mayor, &c., vs. White, 62 Md., 362. Mayor, &c., vs. Hook, 62 Md., 371. B. & 0. R. R. vs. Boyd, 63 Md., 325. Glenn vs. Mayor, 67 Md., 390. Central Savings Bank vs. Mayor, &c ., 71 Md., 515. 16. Before they shall pass any ordinance under the ku? 8, preceding section at least sixty days’ notice shall be given of any application for the passage of such ordi- or j£n C e efnro nance in at least two of the daily newspapers in the said city. Mayor, &c., vs. Grand Lodge of I. O. O. F., 44 Md., 436. Dashiell vs. Mayor, &c., 45 Md., 616. Mayor, &e., vs. Little Sisters of the Poor, 56 Md., 400. Central Savings Bank vs. Mayor, &c., 71 Md., 515. 17. Before any commissioners appointed by any ordi- A *t! £'sec'.m S ’ nance of said corporation under the two preceding Notice ter sections shall proceed to the performance of their duty ordinance. 18 STATUTES. they shall give notice in at least two of the daily news¬ papers in the city of Baltimore of the object of the or¬ dinance under which they propose to act, at least thirty days before the time of their first meeting to execute the same. a?!' f sec’m*’ The Mayor and City Council of Baltimore are au¬ thorized and empowered to provide, by general or Grades, special ordinance, for the establishment and change from time to time of the grade lines of any street, lane or alley, or part thereof, now or hereafter marked, located or laid out upon the plan of said city. • Dashiell vs. Mayor, &c., 45 Md., 616. Burns vs. Mayor, &c., 48 Md., 198. Mayor, &c., vs. Hanson, 61 Md.,462. Kelly vs. Mayor, &c., 65 Md., 175. 1892, Ch. 219. Powers of M. & C. C,, as to grading, re¬ grading. shell¬ ing, reshe’ling, paving, -repav- i n g, kerbing and rekerbing streets, lanes and alleys. 19. They shall have and are vested with full power and authority to provide by ordinance for grading, shell¬ ing, graveling, paving and kerbing, or for regrading, reslielling, regraveling, repaving, and rekerbing, of any street, lane or alley in said city, or part thereof now condemned, ceded, opened, as a public highway, or which may hereafter be condemned, ceded, opened, widened, straightened or altered according to the laws and ordinances regulating the same; and also for assess- ing the cost of any such work in whole or in part upon the property binding upon such street, lane or alley, or part thereof, according to such rule or basis as the Mayor and City Council may determine, and for collecting said assessments in such manner as they may prescribe, either before or after the works shall have been done; provided, that before the passage by either Branch of the Council of any ordinance requiring the whole or any portion of the cost to be assessed upon the STATUTES. 19 property, ten days’ notice sliall be given in at least two of the daily newspapers in said city, and an opportunity shall be afforded to all persons interested therein to appear and be heard before some appropriate com¬ mittee of the Council, and they may also provide for appeals to the Baltimore City Court from the decisions of any commissioner or other person or persons ap¬ pointed to determine the amount of assessment to be made upon any property under any such ordinance; and in the trial of such appeal, the practice shall conform as near as may be to the practice in the trials of street appeals, including the right of appeal to the Court of Appeals. 20. They shall also have and are vested with power An.t'sec. sir’ and authority to provide by general ordinance for the grading, graveling, shelling, paving or kerbing, or for the regrading, regraveling, reshelling, repaving or re-paving upon 1 application of kerbing of any street, lane or alley, or part thereof, in owners, said city, without the passage of a special ordinance in the particular case, whenever the owners of a majority of the front feet of property binding on such street, lane or alley, or part thereof, shall apply for the same, upon terms and under conditions to be prescribed in said general ordinance, and for the assessment in any such case of the cost of such work, in whole or in part, yro rata , upon all the property binding upon such street, lane or alley, or part thereof, and for the collection of such assessment as other city taxes are collected. Henderson vs. Mayor, &c., 8 Md. Holland vs. Mayor, &c., 11 Md., 18G. Bouldin vs. Mayor, &c.,15 Md., 18. Mayor, &c .,vs. Eschbach, 18 Md , 27G. Howard vs. FirsPlndependent Church of Balto., 18 Md., 451. 20 STATUTES. 1892, Ch. 284. Levy and col¬ lection of tax for streets, etc., heretofore graded, paved, repaved, kerb- ed or rekerbed. 21. In any and all cases where any street, lane or alley, or any part thereof, in the city of Baltimore, has been graded, paved or kerbed, or regraded, repaved or rekerbed, under any ordinance which provided for assessing the whole or any portion of the cost of such improvement upon the property binding on such street, lane or alley, or part thereof, and such assessments, or any part thereof remain unpaid, it shall be lawful for the Mayor and City Council of Baltimore to provide by ordinance for the levy and collection in such manner as they may deem proper, of a tax upon all the property binding on any street, lane or alley, or part thereof which may have been so improved, to the extent that such property shall have been specially benefited by such improvement; provided that no property upon which the assessment originally made for its share of the cost of such improvement shall have been paid shall be again assessed, and that reasonable notice and an opportunity to be heard shall be given to all persons interested before the final ascertainment of the amount of tax to be paid by any such property; and the said Mayor and City Council shall provide for appeals to the Baltimore City Court by any person or persons interested, including the Mayor and City Council them¬ selves, from the decision of any commissioner or com¬ missioners or other persons appointed to determine the amount or amounts of such special takes or assessments; and in the trial of such appeals the practice shall con¬ form as near as may be to the practice in the trial of street appeals, including the right of appeal to the Court of Appeals. STATUTES. 21 22. All the streets, lanes or alleys opened in the sec. su. manner directed in the preceding section shall be pub¬ lic highways and be subject to the laws, regulations and highways, ordinances applicable to public streets, lanes or alleys, or parts thereof, in said city. 23. A tenant for ninety-nine years, or ninety-nine p- l. l., ah. 4, Scc» 812. years renewable forever, or the executor or adminis¬ trator of such tenant, or the guardian of an infant w {Jo owner dto owner, or a mortgagee in possession, shall be deemed and taken as an owner for the purposes of any applica¬ tion to the Mayor and City Council authorized by this sub-title of this article; and the application of any such person shall bind the property so represented for any assessment or tax made under an ordinance passed in pursuance of the provisions of this sub-title of this article. 24. Where real estate within the said city has been p- l. l.. Art. 4 , J Sec. 813. or may be divided according to law among heirs, legatees, joint tenants or tenants in common, entitled ^egfven? 610 to the same, and such division calls for any of the streets, lanes or alleys, or any part thereof, surveyed and laid off under the Act of 1817, Chapter 148, or reserves any of the said streets, lanes or alleys, or any part thereof as open, and divides such estate with reference thereto, the Mayor and City Council may, on application of one or more persons interested in the ground to be taken on such application, adopt and sanction by ordinance the principle under which such division was had, and open any of the said streets, lanes or alleys, or any parts thereof, in the said division reserved or recognized; provided at least one week’s 22 STATUTES. P. L. L., Art. 4, Sec. 814. Siicb. streets public high¬ ways. Ibid., Sec. 815. Cleaning o f private wli’rv’s and streets. Ibid., Sec. 816. Grading and paving foot¬ ways. notice in the newspapers of said city, (the costs of the advertisement to be paid by the applicants), be given of such application before any such ordinance shall pass. 25. All the streets, lanes or alleys opened in the man¬ ner directed in the preceding section shall be public highways, and be subject to the laws, regulations and ordinances applicable to public streets, lanes or alleys, or parts thereof in said city. 26. They may, on the application of the owners of a majority of feet in front of any private wharf, dock, street, lane or alley, cause the same to be paved, cleaned out, mended or otherwise repaved or kept in good con¬ dition or repair, and may impose upon and collect from all the proprietors of the property so to be cleaned out or repaired a tax sufficient in amount to defray the ex¬ penses thereof, which shall be assessed upon the pro¬ prietors in proportion to the number of feet held by ' them, respectively, in front or length, and shall be col¬ lected by the Mayor and City Council as taxes levied for paving public streets. 27. They may pass all ordinances necessary for grad¬ ing, regulating, paving and repairing the footways in the streets, lanes and alleys of the city, and impose a tax on any lot fronting on any paved street, lane or alley, for the purpose of grading, regulating, paving or repairing footways in front thereof, or compel by fine or otherwise the owner or proprietor of any lot to pave or repair the footways in front thereof, agreeably to the ordinances to be passed by them. STATUTES. 23 28. Whenever the Board of Health shall certify in Art', t secOsn! writing to the Mayor that it is necessary for the health of the city to alter the grade of any street, lane or alley grade upon cer- on low or made ground, the Mayor shall issue his order of Health, to the City Commissioner, who shall thereupon call upon the several property holders on such street, lane or alley, and procure from them their assent in writing to such alteration; and if any property holder shall re¬ fuse to permit the same to be graded, and shall require damages therefor, and cannot agree with the commis¬ sioners as to the amount of damages, or should there be any legal disability on the part of those owning prop¬ erty on such street, lane or alley, the Judge of the Baltimore City Court, on application of the corporation, shall appoint three disinterested persons to assess such damages, who shall return on oath their award to said court, and the same shall be confirmed by the court unless cause to the contrary be shown; in which case the court shall at the first term thereafter decide finally thereon; and when the damages so assessed or agreed upon shall be paid by the Mayor and City Council to the persons so assessed, and legally entitled to receive the same, the Mayor and City Council may proceed to regrade and pave the said street, lane or alley. 29. The president, directors and companies of the p-l. different turnpike companies owning roads running into the city of Baltimore may cede to said city such parts Turnpikes of said roads as lie within the corporate limits of said limits - city; and the same, when ceded, shall be in all respects subject to the same regulations as unpaved public streets. Hooper vs. Pres., etc., of Balto. & Yorktown Turnpike Road, 34 Md., 521. Balto. & Havre de Grace Turnpike Co. vs. Union Railway Co. of Balto., 35 Md., 224. 24 STATUTES. 1890 , ch. 468. 30. The Mayor and City Council of Baltimore be and are hereby authorized to negotiate with and purchase Power to pur- ” , ° pikes tuin 'f rom several turnpike companies such portions of their several turnpike roads as lie within the present limits of the city of Baltimore, upon such terms and for such amount as may be agreed upon, and to arrange with said several turnpike companies for the removal of their several turnpike gates beyond the limits of the city, and to appropriate such sums of money as may be necessary to carry out these objects. 1899, ch. 370 . 31. The Mayor and City Council of Baltimore shall have power to regulate the use of the streets, lanes and fnd P w?res P ° les a ^ e ^ s i n sa ^ city ^y railway or other tracks, gas or other pipes, telegraph, telephone, electric light or other wires and poles, in, under, over or upon the same, and may require all such wires to be placed under ground after such reasonable notice as they may prescribe. 1892 , ch. 200 . 32. The Mayor and City Council of Baltimore are authorized to provide a series of conduits under the telephone^teie*- streets, lanes and alleys of said city, or any parts thereof, mc P igwwSif° r the use of telephone, telegraph, electric light and other wires, either by constructing said conduits them¬ selves or by authorizing their construction by such per¬ son or corporation upon such terms as may be agreed upon to provide for the appointment of an electrical commission with such powers and duties as the said Mayor and City Council may deem necessary or appro¬ priate for carrying out the purposes of this act; and to require all such wires or any part or parts thereof, and the poles carrying the same, to be removed from the surface of the streets, lanes and alleys of said city or any part or parts thereof, and to require such wires to STATUTES. 95 be placed in such conduits, all under such penalty as they may prescribe; and to prescribe and establish reasonable rentals to be paid by any company or person using any of said conduits, by whomsoever the same may be constructed, for the use thereof, and to provide for the collection of such rentals in addition to the ordinary processes by such summary methods as they may deem appropriate; provided, however, that nothing contained in this act shall be deemed or taken to modify or change in any manner the provisions of ordi¬ nance number (41) forty-one, of the Mayor and City Coun¬ cil of Baltimore, approved May 9, 1889, or the rights and privileges granted thereby to the companies therein named, or either of them. 33. The bed of North avenue, throughout its entire p. l- l-amz, 7 ° Art. 4, Sec. K‘20. length, shall in all respects be hereafter held as the bed of any other street or avenue in Baltimore city, so far avenue as the same be laid down on Poppleton’s map of Balti- p° U biic r street as more city, and subject to all the conditions or require¬ ments of any other street or avenue in said city ; and any and ail of the ground fronting thereon, whether in Baltimore city or county, shall, in the event of said avenue, or any part thereof, being graded, kerbed, paved, shelled, graveled, or in any like manner improved, be subject to the same assessment for the cost of said grading, kerbing, paving, graveling, shelling, or like improvement, as would be the case with ground front¬ ing on any other street or avenue in the city, similarly to be improved as aforesaid ; and such ground and the owners and representatives thereof shall in such event be held liable for said assessments, and the said avenue be subject to all the Acts of Assembly and ordinances of 26 STATUTES. the Mayor and City Council of Baltimore which are now or may be hereafter in force and applicable for the grading, kerbing, paving, graveling, shelling, or any like improvements of streets or avenues in Balti¬ more city. Mayor, &c., vs. Porter, 18 Md., 284. Mayor, &c., vs. Horn, 26 Md., 194. Lester^s. Mayor, &c., 29 Md., 419. r.L.L.,Art. 4, 34 . The Mayor and City Council of Baltimore are Sec. 821. J J authorized with the County Commissioners of any P c °hlse Midges adjoining or neighboring counties thereof to purchase and tl to n makI all bridges and turnpike roads, and upon such terms as highways. lree said Mayor and City Council and said County Commis¬ sioners on the one part, and the owners of such bridges and highways on the other, may mutually agree; and when so purchased, all or any of them shall thereafter be free public highways, and as such, under the care and management of said Mayor and City Council and said County Commissioners as the may, respectively, provide and stipulate as between them. r. z. a, 1888 , 35. The bridges which the County Commissioners of Baltimore county have heretofore agreed to build within Bridges within the limits of the territory which has become annexed Annex. J to Baltimore city under the Act of 1888, Chapter 98? shall be completed by the city of Baltimore; and all bridges within the limits of said territory shall be maintained and kept in repair for public travel at the expense of Baltimore city; all bridges crossing the Patapsco River from said city, including the bridge known as the “Long” or Light-street bridge, shall be maintained and kept in repair for public travel at the sole expense of tlie said city of Baltimore. STATUTES. 27 36. All streets, avenues or alleys lying in that portion p.l.l., isss, Art. 4, Sec. 824a. of Baltimore city, formerly constituting a portion of Baltimore county, and in pursuance of the Act of the street* within annex. General Assembly of Maryland, of eighteen hundred and eighty-eight, chapter ninety-eight, recently an¬ nexed to the said city of Baltimore, which had prior to such annexation become streets, avenues or alleys in Baltimore county, whether by deed or dedication, shall be held for all purposes to validly constitute streets, avenues or alleys of Baltimore city, in all respects as if the same had been legally condemned as such by the Mayor and City Council of Baltimore. 37. No avenues, streets or alleys in the Twenty-first 1894 , ch. 576 . or Twenty-second Ward of Baltimore city, or in either Grades of streets in. A 11 - of them, shall hereafter be opened, established or con- nex to con¬ demned, nor shall the dedication of any avenue, street graphical Survey. or alley hereafter made in said Twenty-first and Twenty- second Wards of Baltimore city, or in either of them, be accepted by the Mayor and City Council of Baltimore, unless the lines and grades of said avenues, streets or alleys be opened, established, condemned or dedicated to conform to the plans, plats and surveys defined by the Topographical Survey of the city of Baltimore, now being prepared under the supervision of Henry T. Douglas, chief engineer, unless otherwise provided in an Act of Assembly; provided, that the plan of said Topo¬ graphical Survey shall be approved by an ordinance or formal resolution of the Mayor and City Council of Baltimore. ORDINANCES. ANNUAL REPORTS. 1. Tlie Register of the City, and all other officers of the cuy code. is9a, Art. 1, Sec. 37. corporation, shall make to the Mayor and City Council their annual reports and returns of all matters, as re- when officers to make re¬ quired by law, connected with their respective offices, ports a n d re * as soon after the said thirty-first day of December as practicable. 2. The heads of the several departments of the city ma., sec. as. government, as well as the officers or commissions that are charged with the making of contracts, or the ex- etc., to report penditure of the public money, shall, in making up their mdebtednes '• annual reports to the Mayor and City Council, or in submitting reports to the Comptroller, as the case may be, state the amount of their indebtedness respectively, and for what purposes or object such indebtedness was incurred. 3. If any officer or officers of the corporation, shall, cuy ewe isqs, without authority, expend or contract for the expend¬ ing any public money, or shall in any case exceed the appropriation! appropriation, he or they shall be held liable in his or I* Cllclltv their individual capacity for the amount so improperly expended or contracted to be expended. 30 ORDINANCES. ma., sec. 4 i. 4 . it shall be the duty of the Register to notify all officers of the corporation that under .and by virtue of Register to * Sneers 1 y as Cl to P rece ding section, they and each of them are liable expenditures. j n their individual capacities for any violation of the provisions of said section, and enjoin on them the neces¬ sity of regulating their expenditures to the amount ap¬ propriated by the Mayor and City Council. And it troiieiMo°wah shall be the duty of the Comptroller to withhold his rail his war ‘ warrant from any officer or officers of the corporation for the payment of any moneys after the amount ap¬ propriated for the specific object shall have been ex¬ pended. EMPLOYEES. IbidSec. 42. 5. It shall not be lawful for any of the heads of the departments under the city government to employ or Registered voters only to allow to be employed, in any capacity, within the city limits, any person who is not a registered voter of the city of Baltimore. Ibid., Sec. 49. 6 . The salaries of all officers of the corporation, unless otherwise directed by law, shall be paid on the first paid monthly; Monday of each and every month. Such salaries are not not attachable. . , . liable to attachment. aty code , 1893 , 7. No person shall at any time hold more than one Art. 1, Sec. 55 a. office of honor, profit or trust, under the Mayor and No person to ’ 7 hold more than Qity Council of Baltimore. one city office. J aty Code, 1893, ArtA$, Sec. 188a. Employee to own and drive his cart. 8 . No person with horse and cart shall be employed under the city government, in the City Commissioner’s Department, or Street Cleaning Commissioner’s Depart¬ ment, unless said person so employed shall own and drive his said cart. ORDINANCES. 31 9. The City Commissioner is hereby authorized and . )7 ° 1 r ! ^. ( 16, Ftb ' directed to employ such skilled labor as may be neces- commis¬ sary to carry on the various works under his direction H p!“J r S ki°iioa n in a proper and expeditious manner. piny labor. 10. Preference shall be given to the employment of n,id - all such skilled laborers who are registered voters of Preference to the city of Baltimore, and the City Commissioner is registered * voters. hereby authorized and directed to employ as many other skilled laborers who may not be registered voters other than of the city of Baltimore as may be necessary in his employed, judgment to enable him to carry on the various works under his direction in a proper and expeditious manner. 11. The City Commissioner is hereby authorized and lbid - directed to obtain such skilled labor by individual Skilled labor solicitation, by advertisement, or by any other method how obtained, that may be deemed best by him for the interests of the city of Baltimore. CONTRACTS. 12. It shall not be lawful for any officer of this cor- C uy code , i 893 , poration, whether appointed by the Mayor and City Council in convention, by the Mayor alone, or by any officials not , , „ . . , , . ., ... n . to be interested board ot commissioners, trustees, visitors or buildm gin city con- ^ racts. committee, acting under the authority of the Mayor and City Council, to be engaged or concerned, directly or indirectly, in any contract for work done or to be done on account of the city, or in which the city is or may be in any way concerned; in the purchase of any debt due from the corporation or claim upon the same for any work done or to be done, by or under any ordinance 32 ORDINANCES. of the city, or to be engaged in any contract, directly or indirectly, or concerned in any manner in doing work of any kind, or furnishing of supplies for any institution or office, or receive any percentage on any purchases or contracts in the office with which he may be connected; and any officer offending herein shall be fined in a sum not exceeding five hundred dollars, and it shall be obli¬ gatory on the Mayor, upon being apprised of any viola¬ tion of this section, to dismiss forthwith from office any officer, except as hereinafter provided, who may be guilty of such violation. This section shall not apply to non-salaried officials of the city government, except in so far as the same may relate to the actual transac¬ tions of the particular department to which said non- salaried official is attached. aty code , 1893 , 13. No extra compensation shall be granted or allowed Ayf 1 SkPC .. by the Mayor and City Council to any contractor or No extra pay contractors with the city, or with any corporation the tors. ty comrao expenses of which are in the whole or in part borne by • the city, after the contract lias been entered into; pro¬ vided, that in case a contractor or contractors shall be prevented by an act of the Mayor and City Council, or any agent or servant thereof acting under their authority from fulfilling his contract as agreed on, and loss is thereby sustained by him or them, such extra compen¬ sation may be allowed as will compensate him or them for said loss incurred as aforesaid. IbidSec. 55. 14. All advertisements emanating from the different departments of the city government shall be published to bo publish- in at least one German paper of the city, and in the ed in one Germ’unews-selection of such paper they shall give preference to the paper. ORDINANCES. 33 paper having the largest circulation, provided the prices be the same as those charged by the other papers. 15. Hereafter in contracting for any public work or ora. 3, Dec. u, the purchase of any supplies or materials for the city of Baltimore, by the City Commissioner’s Department, contracts for * 7 work, supplies the Street Cleaning Department, the Harbor Board, 2 r ft m acfverti S scS Water Board, Jail Board, Trustees of the Poor, or by any for * of the city departments, proposals for the same shall be first advertised for, in two or more daily newspapers published in said city, for not less than ten nor more than twenty days, and the contract for doing said work or furnishing said supplies or materials, shall be awarded by the Mayor, Comptroller and Register, or by such department as is now required to award such con¬ tracts, to the lowest responsible bidder. 16. Whenever the city officers, or any of them, shall ouy code.im, advertise for sealed proposals for any public work or contract, of any kind whatsoever, pursuant to existing how awarded, ordinances or resolutions, or to such as may hereafter be passed, it shall be the duty (unless it is otherwise provided by special ordinance) of such officers so adver¬ tising to lay the sealed proposals received by him or them, according to the advertisement, before the Mayor, who, with the Comptroller and Register, shall proceed to open them, and award in all cases to the lowest bid¬ der of known capacity, responsibility and integrity, whose security for the execution of the work according to the contract, as the case may be, in the judgment of the Mayor, Comptroller and Register, or a majority of them, shall be sufficiently responsible to insure the per¬ formance of the work or contracts, according to the 34 ORDINANCES. stipulations thereof, respectively ; provided, however, that no bid shall be opened from any person who has heretofore failed in the performance or due execution of any contract he may have been engaged in with the corporation of Baltimore. ibid., sec. 57 . 17. All such proposal? shall be opened at such time and place as may be publicly designated by advertise- Openingof bids ment, in the presence of such persons as may choose to attend. o 18. For all contracts made under the provisions of Ibid., Sec. 58. ^ the two preceding sections, the Register is hereby re- con?rffctors rom qnired to take bonds of the contractors, certified by the Comptroller, to be with good and sufficient security, and to be approved by the Mayor, for such sum as, in his judgment, may be adequate to secure their fulfill¬ ment. bonds. 19. Hereafter, in all cases where any bond shall be Art. i, sec. 59 . taken from any contractor for the execution* of any „ '., . work to be done under or by virtue of any ordinance or resolution of the Mayor and City Council, or by any authority thereof, there shall be inserted in said bond, and as one of the conditions thereof, an express stipula¬ tion on the part of such contractor that he will defend, indemnify and save harmless the Mayor and City Coun¬ cil of Baltimore against any suit or suits, loss, damage or expense to which the said Mayor and City Council of Baltimore may be subjected by reason of any default or negligence, want of skill or care on the part of such contractor, his agent or employees, or of any sub-con¬ tractor, in or about the performance and execution of said work. ORDINANCES. 35 20. That hereafter in contracting for any public work ap f^ pr ^°{^ 2, or the purchase of any supplies or materials for the city of Baltimore by the City Commissioner’s Depart- 8 U pTiie? c ?or or ment, the Street Cleaning Department, the Harbor inuTTocTnot Board, Water Board, Jail Board, Trustees of the Poor, used 6 for!' er " or by any of the city departments, any repairs or sup¬ plies not in excess of two hundred dollars to be exempt from tlie provisions of Section 1, Ordinance No. 3, ap¬ proved December 14, 1892. 21. The Comptroller shall examine all contracts made lbld,> Sec ' 6U - by the city officers, and he shall report within thirty comptroller days after the meeting of the Council in an annual ses- TTnyTs To sion all contracts made by the corporation as directed contrac s * or authorized by the Council, and not performed or completed, or upon which any money remains unpaid, with the amount of money remaining unpaid on each. 22. The Mayor and the various departments entering »«*., sec. ei. into contracts with individuals to perform any public Mechauics to work for the city of Baltimore shall insert a clause in be pald weekly each of said contracts compelling each contractor to pay all mechanics or laboring hands employed by the day once each week; and for the failure to comply by Remedy, said contractors the said day hands may file their bill, under oath, with the proper department for the number of days so employed, not to exceed one week; and it shall be the duty of 'said department to pay said day hands and charge the same to the contractor or con- ractors,and deduct the same from any money that may be due to the said contractor or contractors. The heads of departments and commissioners of the city govern¬ ment are hereby directed that in the letting of contracts 36 ORDINANCES. City mechanics and manu¬ facturers. and in tlie execution of all kinds of mechanical work required for their several departments, preference in all cases shall he given to the mechanics and manufac¬ turers of Baltimore city. ord. in, June 23. The City Commissioner is hereby authorized and 23, 1894. directed to require all proposals for laying improved pavements under any ordinance or ordinances of the Mayor and City Council of Baltimore hitherto adopted, to maintaininclude the guarantee of the contractor to maintain in e g ood Ve order the said pavement in good order for five years from the h.t h\e y edr9 ^a^ e 0 f y ie acceptance of said work by the City Com¬ missioner, and that all the old material on streets, or portions of streets, provided to be repaved by said ordi¬ nances shall be removed by the contractor, at the ex¬ pense of the city, to such place or places as the City Commissioner shall from time to time designate, and oid material the said old materials shall remain the property of the to remain the property of the c ity. When the whole work of repaving any street or streets provided to be repaved under any ordinance or ordinances of the Mayor and City Council of Baltimore hitherto adopted shall have been finished and accepted by the City Commissioner, all sums then remaining unpaid shall be paid to the contractor, except ten per tum n to pe be C re*centum of the gross amount of the contracts respec- yeai?at 0 4 pi? lively, which ten per centum shall be paid to the con- num. P au 'tractors at the axpiration of five years from the date of said acceptance, with interest at the rate of four per cent, per annum, provided the said contractors shall have kept the work done by them in proper condition and repair during said five years. Any part or parts of any ordinance or ordinances hitherto passed, which are in conflict with this ordinance, are hereby repealed. ORDINANCES. 37 TOPOGRAPHICAL SURVEY. 24. Thorough, accurate and comprehensive geodetic ord. 98, Apriin, and topographical surveys shall be made of the city of Baltimore, beginning with the recently annexed terri- to ^°deti^and tory, and from such surveys official maps shall be pre- ^ade—official pared, on a scale sufficiently large to show clearly the {o a b p e s prepared 8 following details: All streets and alleys as now laid out, with their width between the building lines; the eleva¬ tion of streets above mean tide at street corners, or at other points, as may be necessary; the dimensions of blocks in feet and inches; all streets not yet opened to be located by dotted lines and their grades established, with a view of conforming to an uniform system of surface drainage or underground sewerage, and the sur¬ vey made of the unimproved and undeveloped portions of the city shall b6 such that there may be defined on said map all streams, water courses, highways, boun¬ dary lines of farms or estates, with the names of the owners thereof; the undulations of the ground to be shown by contour lines representing the different eleva¬ tions in a manner to enable the establishment of grades, locations of sewers, &c.; and should the commis¬ sioners, provided for in Section 70, of Article 1, of the City Code of 1893, deem it advisable to extend said topographical survey beyond the present city limits, they are hereby authorized and empowered to do so; provided, however, that said extended survey shall not embrace any territory located more than one mile beyond the present city limits. 25. Plats shall be also made from said surveys and ibid. bound in atlas form for the use of the Tax Department, m ^ ts & t b ° 0U ^J City Commissioner’s Department, City Surveyor, and iuatlasform * 38 OKDINANCES. Commissioners for Opening Streets, and sucli other de¬ partments of the city government as may be neces¬ sary.; said plats to be made upon a scale sufficiently large to show in addition to the matters contained in the general official map, the following details, viz.: The dimensions of each lot or tract of land embraced in the city, with the character of the improvements thereon ; the location of all sewers, with their dimensions; the system of water supply, with the location of fire plugs ; all corporation buildings, such as school houses, station houses, etc.; all railway lines, and such other details as may be considered requisite. REFUSE MATERIALS. aty code, isos, 26. It shall be the duty of the Comptroller to take charge of and keep an account of all refuse material Refuse that may accumulate in the City Commissioner’s and material. other departments of the city, the articles laid aside as useless at the said departments, to be taken charge of and accounted for by those having supervision of the same. And it shall also be the duty of the Comptroller to dispose of at private or public sale, to the best ad¬ vantage, all old metal and refuse materials of every kind, and pay the proceeds over to the City Register, speci¬ fying at the same time the articles, price, and to whom sold. 27. The City Commissioner and other persons having City Code , 1893, ~ ° ^ c -is city property under their charge shall set aside, on or before the first day of each month, such old metal and Duty of city 7 officials as to 0 ther materials as mentioned in the preceding section, refusematerial ’ and hand the same over to the Comptroller, they tak¬ ing and keeping an account thereof. ORDINANCES. 39 28. The Comptroller is hereby directed to open a nut., sec. u. separate account for the department of refuse material.counter. 6 a ACCOUNTS. 29. The Mayor, Comptroller and Register are hereby aty code, 1893 , requested to adopt a system of keeping the accounts in - 1 ' 11 s 5 - the different departments of the city government as will system of ac- fully protect all the interests of the city, and to devise a system of checks by which each department shall be held responsible for all the receipts and expenditures. No money shall be paid out for any purpose in any of the departments, except through a warrant of the Comptroller upon the City Register, and all moneys received for any object or purpose whatever shall be p turned in to the City Comptroller, excepting that re¬ ceived by the tax department, and by him delivered in turn to the City Register.* *For the due execution of sections 32 and 33, the following rules were adopted by the Mayor, Comptroller and Register on February 19, 1877: 1st. That the several departments of the city government, whenever the sum of money received by them respectively shall amount to five hundred dollars, shall report the same to the City Comptroller, specifying the source or sources from which it was received, and obtain from him a receiving warrant to pay such money to the City Register; provided, that no depart¬ ment shall be required to make more than one payment on any one day; and provided further, that all of the departments that may receive money as revenue shall, on the first Wednesday of each month, pay over to the City Register, on the receiving warrant of the Comptroller, such sum as may respectively be in their possession. 2d. That each department shall take duplicate bills of every item of ex¬ pense it may contract for or incur, one of which shall be retained and filed in the department, and the other bill or voucher, with a warrant from such department qp the Comptroller for the payment of the same, shall be sent to the City Comptroller; provided, that the pay rolls of each department may be drawn in favor of its proper accredited officer; such pay roll, how¬ ever, to be filed in the office of the Comptroller as are other bills or vouch- 40 ORDINANCES. City Code,1893, Art. 11, Sec. 33. Office hours of disbursing officers. Ibid., Sec. 34. Written or¬ ders for work and supplies. 30. The officers of the city government who are charged with the duty of issuing warrants and checks in favor of the creditors of the city are imperatively required to be present in their respective offices on Tuesday and Friday of each week, from 9 o’clock A.M. to 2 o’clock P.M., in order to discharge, without delay, to the holders of claims against the city, the duties re¬ quired of them under the preceding section. 31. It shall not be lawful for any officer, agent or employee of the city of Baltimore, or for any commis¬ sioner or board of commissioners elected or appointed by the Mayor and City Council to order any work to be done or supplies to be furnished for the use of the city of Baltimore, or any department or officer of the ers; and provided further, that in case of contracts in which money may be payable on account, the department having a contract in charge shall take duplicate receipts, one of which shall be retained, and the other, with a warrant on the Comptroller, shall be sent to that officer. 3d. The offices of the Comptroller and the Register shall be open on Tuesday and Friday of each week, from 9 o’clock A.M. to 2 o’clock P.M., for the issuing of warrants and the payment of the same, respectively; and that all warrants issued by the departments for the payment of money, with accompanying bills or vouchers, shall, if required by the Comptroller, be deposited in his office before 12 o’clock M. on the day preceding the day of payment, to the end that the same may be audited and warrants issued without much detention on the day of payment; provided, that so much of this rule as may require a deposit in advance of the day of payment shall not apply to bills or warrants for the sum of ten dollars or less. 4th. The teachers and officers of the public schools, city officers, officers of the courts, as well as the expenses of the courts, shall be paid as provided by existing ordinances. 5th. Much embarrassment has been experienced in the filing and in the examination of papers on file, in consequence of many bills or vouchers being written on small slips of paper; therefore, no bill or voucher will be recognized at the office of the City Comptroller that measures less than seven inches by three and one-half inches, and which is not written in ink. ORDINANCES. 41 city, unless such order shall be given in writing and signed by the person giving such order. 32. There shall be kept in the office of each and every officer, agent, employee or board of commissioners who may order work to be done or supplies to be furnished, and for which payment is to be made by the Mayor and City Council of Baltimore, an official copy or memoranda of each and every order issued for work or supplies, with the probable cost of the same, which official copy or memoranda shall at all times be open to the in¬ spection of the Mayor, Comptroller and members of the City Council of Baltimore. 33. It shall not be lawful for the Comptroller of the city of Baltftnore to honor any bill or warrant for pay¬ ment for work done or supplies ordered for the use of the city of Baltimore, or of any department or officer of the city of Baltimore, unless the written order -for such work or supplies, signed by the person ordering the same, shall accompany the bill or warrant for payment. JONES’ FALLS. 34. The City Commissioner is hereby authorized and required to have regraded, rekerbed and repaved the following herein named streets, comprising all the streets, lanes, alleys and public thoroughfares within the district flooded by the freshet of Jones’ Falls, July 14, 1868, or so much of the same as may be necessary; the grades of the same shall be changed so that the lowest point on those streets shall not be below the heights specified and mentioned on the following named City Code, 1898, Art. 11, Sec. 35. Official mem¬ oranda of such work and sup¬ plies. Ibid., Sec. 36. Comptroller not to pay ex¬ cept upon writ¬ ten order. City Code, 1893, Art. 30, Sec. 1. Regrading.re pairing a n d rekerbing o f certain streets and alleys. 42 ORDINANCES. City Code, 1803, Art. 30, Sec. 2. Sewer on west side. Ibid., Sec. 3. Measures to prevent dam ming of falls. streets, said heights being the number of feet above mean tide, namely : Centre street, between Calvert and Front streets, 21 feet; Franklin street, between Calvert and Holliday streets, 21 feet; Bath street, between Calvert and Front streets, 20| feet; Pleasant and Hillen streets, between Courtland and High streets, 20 feet; Saratoga street, between Courtland and Gay streets, 18 feet; Lexington street, between Calvert and Holliday streets, 16 feet; Fayette street, between Gay and High streets, 14J feet; Baltimore street, between Gay and High streets, 13 feet; Swan and Plownan streets, between Centre Market and High street, 12 feet; Second street and Fish Market Space, between Gay street and Jones’ Falls, 11 feet; Lombard street, between Commerce and Albemarle streets, 10 feet; Pratt street, 7 feet at Commerce street, 8J*feet at Cen¬ tre Market Space, and thence to Albemarle street, 9 feet; and the grades of Calvert, Davis, North, Holliday, Gay, Frederick, Harrison and Front streets, Centre Market Space, Mill and Concord streets, and East and West Falls avenues, and all other streets, alleys or pub¬ lic thoroughfares or highways intersecting with the be¬ fore named streets within the flooded district aforesaid shall be regraded, rekerbed and repaved as much as may be necessary, to conform to the regraded streets before named. 35. A sewer shall be constructed on the west side of the said falls of such dimensions as may be deemed necessary, in the discretion of the City Commissioner. 36. Whenever there is a prospect of an extraordinary rise in the waters of Jones’ Falls, so as to threaten an overflow upon the adjacent property, it shall be the ORDINANCES. 43 duty of the City Commissioner, upon receiving infor¬ mation to that effect from any of the residents or property holders in that vicinity, to take prompt and active measures, and employ a sufficient force to prevent the obstruction or damming up of the said waters, and to draw on the Register, with the approbation of the Mayor, for the amount of any expenses that may be in¬ curred in any such service. 37. The City Commissioner is hereby authorized cw.y code., 1893 , and directed, whenever he shall deem it necessary, to notify the owner or owners of property binding upon Noticetoown- Jones’ Falls, within the limits of the city, to have the p™P ei,t y wal1 - same walled upon the line of said Jones’ Falls, with a good and sufficient stone wall, to such height as said Commissioner may direct, and to have the same backed up or filled with earth so as to secure such property from inundation by water, and when the same shall have been walled up wholly or in part, to rebuild or repair in a good and sufficient manner any such stone wall. 38. If any person or persons or body politic shall Ibid., Sec. 5. refuse or neglect to have any such wall built, rebuilt or repaired, as above provided for, within two months after Commissioner*, receiving notice from said Commissioner, asset forth in the preceding section, it shall then be the duty of said Commissioner, and he is hereby authorized and directed to cause such wall to be built, rebuilt or repaired, as specified in said notice; and the cost thereof shall be a lien upon the property so walled up, repaired or re¬ built as aforesaid, to be recovered in due course of law from the owner or owners, or body politic, so refusing to build, rebuild or repair, after notice as aforesaid. 44 ORDINANCES. Ibid., Sec. 6. How vessels shall enter. 39. All vessels entering tlie mouth of Jones’ Falls shall be required to enter by the eastern side or chan¬ nel thereof; and all vessels passing out the mouth of said Falls shall pass out by the western side or channel thereof; and all vessels, excepting steam vessels, pass¬ ing in or out the mouth of said falls shall sound a horn to signal the keeper of the drawbridge; and no vessel shall be suffered to be anchored, moored or lie in said stream within one hundred and fifty feet from the city dock drawbridge. Any tugboat entering the mouth of said Jones’ Falls shall be required to sound two blasts upon her steam whistle before reaching said mouth; and any tugboat passing out the mouth of said Falls shall in like manner give three blasts of her whistle; and no craft shall attempt to piss the middle of the centre pier of the drawbridge until the said draw shall be fully open and over the centre of the guard pier. In case of any violation of any of the requirements of this section the master or person in charge of the vessel, tugboat or other craft so offending, shall be liable to a penalty of five dollars for each and every offence; to be enforced as other fines for the violation of city ordi¬ nances are enforced. cuy Code, 1893, 40. It shall be the duty of the bridge-tender in charge Art. 30, Sec. 7. of the city dock drawbridge to notify any barge, flat- Dutios of boat, scow or other mastless vessel which in the judg- bridge tender. ment of said bridge-tender shall be so loaded that said barge or other vessel cannot pass under the drawbridge without risk of injury to said bridge to stop until the draw of said bridge can be opened for the passage of said vessel. Any master or other person in charge of any such barge or other vessel who when so notified by ORDINANCES. 45 the bridge-tender shall refuse or fail to stop as afore¬ said shall be liable to a fine of five dollars for each and every offence. 41. It shall be the duty of the bridge-tender to report ibid.,sec. s. all violations of this ordinance to the City Commis- Toreportvio- J lations. sioner at the City Hall. RAILROADS. Tracks and Switches. 42. All railroad tracks and switches now laid, and cuy code, 1893, Art. 41, Sec. 11 those that may be hereafter laid in any of the streets, lanes or alleys in the city of Baltimore, shall be filled Howto be laid. up between the rails thereof within one and a half inches of the top of the iron rails, and raised with a convex form in the centre even with the top of said rails, with good even stone pavements, or by planking the same with two inch oak plank. 13. The owners and occupiers of all railroads and ma., sec. 12. switches above referred to shall at all times keep them in good condition, as prescribed by this ordinance, un- good condition, der a penalty of ten dollars for every day (after notice shall have been given) that any part thereof shall, in the opinion of the City Commissioner, require repair¬ ing ; and in case of the neglect or refusal to do the same within the time specified in said notice, then said Com¬ missioner shall have the same done in a good and sufficient manner, at the expense of said owner or occupier. 46 ORDINANCES CONSTRUCTION OF RAILWAYS. aty code, 1893, 44. It shall be the duty of the City Commissioner Art. 41, Sec.19. J J from time to time to examine the construction of the Construction several railway tracks authorized by ordinances to be an Sec . 42 . Company is authorized to use upon its road the Roberts ]\X 8i y ii s o Noiseless Steam Motor, from North avenue to the city Roberts Noise¬ less steam limits, provided said motor shall not exhaust snioke or Motor, steam into the atmosphere. The North Avenue Railway. 69. All the provisions of Ordinances No. 46, approved Cily Code 1893 April 8, 1892, and No. 1, approved November 18, 1892, ArL ^ ^ c - 45a - relating to the North Avenue Railway Company of ordinances Baltimore city, are hereby re-enacted and ordained as fully as if the same were herein reproduced at length. 56 ORDINANCES. North Baltimore Passenger Railway. ibid., sec. 46a. 70. All the provisions of Ordinance No. 23, approved ordinance March 14, 1892, relating to the North Baltimore Passen- re-enacted. g er R a ii wa y Company, are hereby re-enacted and or¬ dained as fully as if the same were herein reproduced at length. Baltimore and Randallstown Railroad. Citij Code, 1893, Art. 41, Sec. 43. Ordinance confirmed. 71. The provisions of Ordinance No. 68, approved May 24, 1872, relating to the Baltimore and Randalls¬ town Railroad, are hereby re-enacted and ordained as fully as if the same were herein reproduced at length. Baltimore and Powhatan Railway. ibid., sec. 44 . 72 . The Baltimore and Powhatan Railway Company May use stor-* s authorized to use as a motive power for propelling its age electricity. cars storage electricity, or such other improved motive power, excepting steam power, as said company shall elect to use upon its line of railway within the city limits, the same beginning at the northern terminal of the Edmondson avenue tracks of the North Baltimore Passenger Railway Company, and ending at the north¬ ern boundary of the present city limits, where the same intersects the Windsor road. The said Baltimore and Powhatan Railway Company shall have the privilege to erect the necessary engines, machinery and plant for the purposes herein granted under the rules governing the erection of buildings and placing of engines within . the city limits. ORDINANCES. 57 North Avenue Electric Railway. 73. All the provisions of the several ordinances of the ibid., sec. 45 . Mayor and City Council of Baltimore, duly passed and ()1 . dinancos in force on the first of March, 1892, relating to the confirmed. North Avenue Electric Railway Company, are hereby re-enacted and ordained as fully as if the same were reproduced in this Code at length. 1 North Baltimore Passenger Railway. Formerly called the Baltimore , Peabody Heights and. Waverly Railroad. » % 74. All the provisions of the several ordinances of c%t y code, isos. Art. 41, Sec. 40. the Mayor and City Council of Baltimore, relating to the Baltimore, Peabody Heights and Waverly Railroad, 0rdi Jonflnned and to the North Baltimore Passenger Railway Com¬ pany, duly passed and in force on the first day of March, 1892, are hereby re-enacted and ordained as fully as if the same were reproduced at length in this Code.* The People’s Railway. Formerly called the People’s Passenger Railway Company. 75. All the ordinances of the Mayor and City Council nta., sec. 47 . of Baltimore, relating to the People’s Passenger Rail- ()r lliiam . t , way Company, and the People’s Railway Company, duly conflnT *The ordinances relating to the Baltimore, Peabody Heights and Wav¬ erly Railroad are as follows: No. 27, March 28, 1872. No. 74, June 7, 1872. No. 106, June 8, 1875. No. 36, April 28, 1879. No. 24, March 26, 1884. No. 25, April 2, 1885. The ordinances relating to the North Baltimore Passenger Railway Com¬ pany are as follows : No. 63, May 3, 1888. No. 42, May 9, 1889. No. 145, September 9, 1889. 58 ORDINANCES. passed and in force on first of March, 1892, are hereby re-enacted and ordained as fully as if the same were reproduced in this Code at length.f The Baltimore Union Passenger Railway. city code, 1893 , 76. All the provisions of the ordinances of the Mayor 4i, &c. 48. and City Council of Baltimore relating to the Baltimore Ordinances Union Passenger Railway Company, duly passed and in confirmed • _ force on first of March, 1892, are hereby re-enacted and ordained as fully as if the same were reproduced in this Code at length.* Baltimore Union Passenger Railway, Highlandtown and Point Breeze Railway, and the City and Suburban Railway. ibid., Sec. 48 a. 77. All the provisions of Ordinance No. 47, approved April 8, 1892, relating to the Baltimore Union Passem Ordinances re-enacted, ger Railway Company, and of Ordinance No. 121, ap¬ proved May 4, 1893, relating to the City and Suburban Railway Company, the successor of the Baltimore Union Passenger Railway Company, and the Highlandtown and Point Breeze Railway Company, are hereby re¬ enacted and ordained as fully as if the same were herein reproduced at length. tThese ordinances are as follows: No. 74, June 28, 1878. No. 105. October 23, 1878. No. 16, March 18, 1879. No. 76, July 5, 1879. No. 58, April 27, 1881. No. 49, May 2, 1884. No. 104, May 24, 1884. Res. No. 176, May 26, 1884. No. 80, June 2, 1886. No. 77, May 24, 1889. *These ordinances are as follows: No. 150, October 25, 1880. No. 65, May 5, 1881. No. 40, April 6, 1882. No. 96, June 16, 1886. No. 98, September 30, 1887. No. 155, July 2, 1890. ORDINANCES. 59 Baltimore and Yorktown Turnpike Road. 78. All the provisions of the ordinances of the Mayor ibid., sec. 49 . and City Council relating to the Baltimore and York- Ordinances town Turnpike Road, duly passed and in force on first confirmed, of March, 1892, are hereby re-enacted and ordained as fully as if the same were reproduced in this Code at length, t Electric Storage Company. 79. The Electric Storage Company of Baltimore city lbid>Sec 50 shall have the right to use one traction car or railway carriage, propelled by storage battery or batteries, uponmJmon'Tricks x . , -i n .1 -1 . with consent of any one or more 01 the tracks ot railway and switches railway com¬ panies. belonging to the respective passenger railway compa¬ nies in the city of Baltimore, with the previous assent and permission of each of the passenger railway compa¬ nies whose tracks are so used; provided, that such traction car or railway carriage so propelled shall not be propelled at a greater rate of speed than five miles per hour, except when there are grades requiring a greater speed, and that such speed shall not exceed the rate of six miles per hour ; and that the person or per¬ sons having charge of such traction car or railway carriage so propelled shall ring a bell or strike a gong when approaching any and every cross street; the said Electric Storage Company of Baltimore city, using such traction car or railway carriage so propelled under the provisions of this section, and violating in such use any of the conditions herein set forth, shall be liable to a t These ordinances are as follows: No. 7, February 17,1803. No. 15, March 21, 1803. No. 40, June 20, 1805. No. 130, October 14, 1871. No. 55, April 30, 1873. No. 48, June 9, 1874. No. 100, May 27, 1881. 60 ORDINANCES. Penally. penalty of $20 for every violation of any of such con¬ ditions; provided, however, that said company shall be responsible for any and all damage of every kind for tlie use of said track. The Mayor of the city of Balti¬ more may, in the exercise of his discretion, revoke at any time the permission hereby granted to said Elec¬ tric Storage Company of Baltimore city. City Code, 1893, Art. 41, Sec. 51. Ordinance re-enacted. The Edmondson Avenue, Catonsville and Ellicott City Railway. 80. All the provisions of Ordinance No. 109, ap¬ proved October 17, 1892, relating to the Edmondson Avenue, Catonsville and Ellicott City Railway Com¬ pany, are hereby re-enacted and ordained as fully as if the same were herein reproduced at length. general. aty code. 1893, 81. All ordinances relating to railroads in force at the time of the adoption of this Code, not herein specially General, re-en¬ acting section. referred to, are hereby re-enacted as fully as if herein reproduced at length. REPAIRS BY RAILWAY COMPANIES. ord. no. 12 , 82. It shall be the duty of the various city passenger App. Feb.23,1893. and other railway companies, whenever it may be nec- Raiiway com- essary for the purpose of repairing or repaving the beds place the flag- of the streets within the present corporate limits, oc- stones. cupied by or between the tracks of any of the said com¬ panies, to remove any of the flagstones used as street crossings, or the granite or iron gutter-plates laid at the city’s or their own expense, to replace the same properly after completing the said repairs or repaving. ORDINANCES. 61 83. It shall be the duty of the City Commissioner to Ibid - notify the proper officer or officers of any of said com- Duty of C1 panies of the violation of the provisions of this ordi- Commlssloner " nance, whenever the same may occur, and if after the lapse of ten days after giving the said notice the said company or companies neglect the same, then the said company or companies shall be liable to a fine of $10 per Penalt y- day, during each day, until said stones or plates are re¬ placed, the said fine to be collected in such manner as all other fines for violations of the city’s ordinances are collected, and that this ordinance shall take effect from the date of its approval. FENDERS. 84. All city passenger railway companies using any ora. no. ioo, App. Oct. 6,1894. of the streets of Baltimore for the purpose of running thereon street railway cars propelled by any species of mechanical traction, shall provide for each car or train tQ^ep/ovided 8 of cars a car-fender or fenders with both front and wheel guards of a design which the Mayor, Register and City Commissioner shall have certified in writing over their signatures to, in their judgment, comply with the requirements set forth in the report made to the commission appointed under the provisions of reso¬ lution of the Mayor and City Council,,No. 184, approved April 28, 1894, by Mendes Cohen, engineer to said commission. A failure on the part of any of said com¬ panies to comply with the provisions of this ordinance within three months after the day of its approval, shall subject such company so in default to a fine or penalty of five dollars a day for each and every car operated without said fender or fenders; said fines to be collected as other fines and penalties for violation of city ordi¬ nances are collected. Penalty. 62 ORDINANCES. BOLTON LOT. Ord. No. 10 , 85. Whereas, By Section 3, of Ordinance No. 51, ap- App.Ftbw, I 893 -p rove( ^ April 18, 1892, entitled “An ordinance to provide for the sale by the Mayor and City Council of Balti- preambie. more to the Baltimore Belt Railroad Company of a portion of the Bolton lot property, and for the improve¬ ment of the residue of said property as a public park,” it is provided that so much of the property in said or¬ dinance designated as the Bolton lot property as shall remain after the purchase by the Baltimore Belt Rail¬ road Company of the portion of the said Bolton lot property particularly described in Section 1 of said Or¬ dinance No. 51, of April 18, 1892, and which is required for depot purposes, shall be henceforth dedicated and used as a park for the use of the public; and Whereas, It may not be for the public interest that said portion of said lot shall be so used and maintained preamble, as a public park, and may be for the public interests to use the same for other and different municipal pur¬ poses; and Whereas, It is the intention of this ordinance to ex¬ pressly repeal and modify said Section 3 of said Ordi¬ nance No. 51, of April 18, 1892, so far as the same may be construed in any way to obligate or bind the Mayor preamble, and City Council to maintain or keep any part of the said Bolton lot property for park purposes, or to in any way prevent the said Mayor and City Council from hereafter using said property for any other municipal purpose they may deem proper; therefore, Section 1. Be it enacted and ordained by the Mayor and City Council of Baltimore, That Section 3 of Ordi- ORDINANCES. 63 nance No. 51, approved April 18, 1892, be repealed and re-enacted so as to read as follows: Sec. 3. And be it further enacted and ordained, That Mayor to nou- 7 fy the Belt R. R. in case said purchase be consummated, then on or before co.ot themten- the first day of January, 1895, the Mayor shall, in writing, inform the president of the Baltimore Belt ^ lot Railroad Company whether the city authorities desire and intend to use and maintain the portion of said Bolton lot not taken by the Belt Railroad Company as a park for the use of the public, and the hereinbefore mentioned deed, if executed and delivered as aforesaid, shall contain a covenant on the part of the said railroad _ , , company, binding it, in case the Mayor shall notify in tainacovenant writing within the above prescribed time its president that the city authorities do not intend to use said remaining portion of Bolton lot as a public park, to within three months after the receipt of such notice (or within such further time as the Mayor may designate, in no event, however, to exceed six months from the receipt of said notice), at its own expense to grade said lot in a manner satisfactory to the City Commissioner, and a further covenant on the part of said company, binding it, in case the Mayor shall within the prescribed time notify its president that the city authorities do intend to use said remaining portion of Bolton lot as a public park, to do, or cause to be done, at its own expense, all excavating, planting of trees and shrubs, sodding, making of walks and drives, and general improvements of that nature, for the purpose of fitting for the uses of a public park all the residue of said property not con¬ veyed to the said company, the same to be done under the supervision of the Park Board, or its engineer or agent, and to the extent and manner they or he may (34 ORDINANCES. Deed to con- direct .and to complete such work not later than six tain a further 7 r covenant. months after the receipt of said notice; and a further covenant, that all that portion of the property to be conveyed to said company, which shall be used by it for the purpose of a roadway or walk to the depot court, shall remain at all times open to the public, and access to it shall never be obstructed by means of fencing, gates, or in any other manner, and nothing in this ordi¬ nance shall be construed as in any way preventing the Mayor and City Council from, at any time hereafter, changing the use of the portion of said Bolton lot property, not herein sold to the Belt Railroad Company, to any municipal uses other than that of a public park. SEWERS. aty code, 1893 , 86 . The Commissioners for Opening Streets, together with the City Commissioner, are hereby constituted a Board. board to carry into effect the provisions of this article. ibid., sec. 2 . 87. In each and every case, before the commissioners shall proceed to act as a board in the exercise of the Oath of Board. powers confided to them by this article, they shall severally take and subscribe the following oath or affirmation before a Justice of the Peace: “I, A. B., do swear, or solemnly, sincerely and truly declare and affirm, that I will, to the best of my judgment, knowl¬ edge and ability, faithfully, impartially and diligently execute the duties of a commissioner for the construc¬ tion of sewers in the city of Baltimore, according to law and the ordinances of the Mayor and City Council of Baltimore. ORDINANCES. 65 88. The said oath or affirmation shall be recorded in ibid., sec. 3. a book to be provided bv the said commissioners for the _ ^ recording of their proceedings, and the justice in whose corded - # presence the said oath or affirmation shall be made and subscribed shall certify thereto under his hand in the same book. 89. The clerk to the Commissioners for Opening Streets Ibid., Sec. 4. shall keep a full and true record of all their proceedings D in a book provided as aforesaid, under the direction and Glerk - supervision of the City Solicitor, and in such form as he may describe; and the said clerk shall record all orders made by the said commissioners in regard to the performance of their duties, and make true copies of all notices by them directed to be published, and the cer¬ tificate of the publication thereof; and shall perform such other necessary duties as the said commissioners shall require; and the said commissioners shall also have the power to obtain the services of the City services of Surveyor, and such other assistants and agents as they ^' l or clty Sur ‘ may deem necessary, in the exercise of their powers, and allow to the clerk, and each of the persons so em¬ ployed by them, such compensation as may be fixed by ordinance, and if not so fixed, as the said commissioners may deem reasonable, and assess the said compensation and all other necessary charges; and the clerk and other persons to be so employed shall severally take and subscribe an oath or affirmation similar in substance to that required to be taken and subscribed by the com¬ missioners, which shall be in like manner entered in the record of the proceedings of the said commissioners. 66 ORDINANCES. cuy code, 1893 , 90. When the said commissioners shall assess a sum Art 45 Sec 5 of money to be paid by any person or persons for bene- ^Benefits and fits derived by such person or persons, by constructing, QcilllctgCS. opening, enlarging or straightening any sewer, and shall assess a sum of money to be paid to the same persons for injury sustained by constructing, opening, enlarging or straightening any sewer, it shall and may be lawful, upon a certificate and abstract of title from the Examiner of Titles, for the Register or Collector to receive from such person or persons an assignment for the sum or sums so assessed as damages as aforesaid. ibid., sec. 6. 91. Whenever the Mayor and City Council of Balti¬ more shall hereafter by ordinance direct the Commis- Proceedmgs ecuting d ordf- s ^ UIiers ^ or Op en i n & Streets.and Sewers to construct, nance. open, enlarge or straighten any sewer within the bounds of this city, the said commissioners shall give at least thirty days’ notice in at least two of the daily news¬ papers of the city, and also thirty days’ notice, in writ¬ ing, to the owners or agents of any private property through which any sewer may be intended to pass, of the object of the ordinance under which they are about to act, and of the day, hour and place of their first meeting under the said ordinance; and the said com¬ missioners shall meet at the time and place mentioned in the notice given by them, and proceed to exercise the power and perform the duty assigned to and re¬ quired of them, under and by virtue of this article, and ascertain whether any and what amount in value of damage will thereby be caused to the owner of any right or interest claimed in any ground or improve¬ ments within or adjacent to the said city, over and above the amount in value of benefit which will thereby ORDINANCES. 67 accrue to such owner, for which, taking into considera¬ tion all advantages and disadvantages, such owner ought to be compensated; and in addition thereto shall award to the occupant or occupants of any lot of ground or of any improvement that may be removed, such damages, if any, as the commissioners, or a majority of them, may believe such party or parties have sustained by such removal; and the said commissioners, after having ascertained the whole amount of damages as aforesaid, and after having added thereto an estimate made by them of the probable amount of expenses which will be incurred in the performance of the duties required of them as aforesaid, and also the expense incurred by the Register under the provisions of this article, shall proceed to assess all the ground and im¬ provements within and adjacent to the city, the owners of which,-as such, the said commissioners shall decide and deem to be directly benefited by accomplishing the object authorized in the ordinance aforesaid, being governed as far as practicable by the number of super¬ ficial feet drained; and should the direct benefits assessed as aforesaid not be equal to the damage and expenses incurred, the balance of said expenses and damages shall be paid by the City Register and be taken out of the general levy; subject, nevertheless, to all such restrictions exempting certain descriptions of property from assessment as are contained in any law of the State or in any ordinance of the city. 92. In every case where it shall be necessary, in order city code, ms, J J ’ Art. 45, Sec. 7. to effect the object proposed, that a part only of a house and lot, or of a lot, shall be taken and used or de- wh^re^aft stroyed, and the owner or owners thereof shall claim to t'yls taken! per " 68 ORDINANCES. be compensated for the whole, the said commissioners may ascertain the full value thereof, as if the whole lot and improvements were necessary to be taken and used for such proposed object, and the whole amount of such valuation, when finally decided on, shall be paid or tendered to the owner or owners thereof, or invested in city stock for his, her or their use before any part thereof shall be destroyed, removed or used, unless such owner or owners shall assent thereto in writing, as pro¬ vided in Section 14 of this article; and the said com¬ missioners, after giving ten days’ notice in two of the daily newspapers of the city, of the time and place, manner and terms of sale, shall sell the materials of any house which it shall be necessary to remove, in whole or in part, and the residue of any lot of which a part shall be taken and used as necessary to effect the object confided to the commissioners, and for. the whole of which the commissioners may award compensation as hereinbefore provided, at public auction, to the highest bidder for cash, to be paid on the day when full possession shall be given of the property or materials so sold; and the said commissioners, or a majority of them, on receiving the price or sum of money so bid, shall by a good and sufficient deed, to be executed and acknowledged by them in the form and manner re¬ quired by law for conveying the title of lands in this State, convey any ground by them so sold to the pur¬ chaser thereof ; and such sale shall be made before the commissioners shall proceed to assess the amount of damages and expenses to be assessed as directed by this article; and the said commissioners are duly em¬ powered to take and receive a bond of the pur¬ chaser of the property or materials aforesaid, with a ORDINANCES. 69 penalty to the Mayor and City Council of Baltimore, that the price for which the same was sold shall be duly paid at such time as they, the said commissioners, are prepared to deliver possession of said property and materials, and that the said purchaser shall remove, within sixty days thereafter, such materials so sold, and all rubbish or other obstructions occasioned thereby, and in the event of the purchasers failing forthwith to comply with the terms of said sale, the commissioners shall resell the said property or materials at the risk of the former purchaser or purchasers, giving not less than five days’ notice of said sale in two of the daily news¬ papers of the city aforesaid; provided, however, that when, in the opinion of said commissioners, the part of a lot necessary to effect the object proposed can be taken without destroying the whole lot for the purpose for which it is used, or for building purposes, then said commissioners shall condemn such part only of such lot as is necessary for the proposed object, and shall award to the owner or owners of the part of the lot so taken such damages, and assess the remainder thereof such benefits as in their judgment shall be just and proper ; provided further, that when a lot is destroyed for the purposes for which it is used, or for building purposes, then the said commissioners shall give a notice in writ¬ ing to the owner or owners thereof, or their agent or agents, of the damage about to be sustained, and such owner or owners, or their agent or agents as aforesaid ? shall have the space of thirty days to determine whether they will or not surrender the lot so damaged. 70 ORDINANCES. City Code, 1893, Art. 45, Sec. 8. Statement of proceedings to be filed with City Register. Notice by ad¬ vertisement of review of pro¬ ceedings. 93. As soon as the commissioners aforesaid shall have completed the valuation of damages ascertained by them, as directed by Section 6 of this article, they shall cause a statement thereof to be made out and placed in the office of the City Register for the inspection of all persons desiring information of its contents, and such statement, together with an explanatory map or maps, shall contain a correct description of each separate lot or parcel of ground deemed to have sustained damages, its* length and breadth, the name of any street, square, lane or alley on which it bounds; the names of all per¬ sons who shall claim any estate or interest in it, and the amount of damages as valued by the commis¬ sioners ; and if there be any house or other improvement on it necessary to be removed in whole or part, a de¬ scription of the size and such other particulars as the commissioners shall deem proper, and in like manner a description of each parcel of ground deemed by the commissioners to be benefited, the name or names of such person or persons as shall claim any estate or in¬ terest therein and the amount assessed thereon for benefits; and the commissioners shall cause a notice to be published four successive days, in three daily news¬ papers of the city, stating the extent of the ground covered by the assessment, and that such statement and map or maps have been so deposited with the Register for examination, and that the commissioners will meet at the office of the Commissioners for Opening Streets and Sewers on a day in such notice to be named, which shall be within ten days after the first publication of such notice, to review any of the several matters set forth in the said statement, to which any person claim¬ ing to be interested therein shall, on that day so ap- ORDINANCES. 71 pointed, make objection; and the commissioners shall meet at the time and place so appointed, and consider all such representations and. testimony on oath or affir¬ mation, verbal or in writing, in relation to any matter in said statement which shall be offered to them on be¬ half of any person claiming to be interested therein- and the said commissioners shall make all such correc¬ tions and alterations in the valuations, assessments and estimates, and all other matters contained in the said statements and explanatory map or maps aforesaid, as in their judgment shall appear to them, or a majority of them, to be just and proper; and they may adjourn from day to day, if necessary, to give all parties claim¬ ing a review an opportunity to be heard, not exceeding in the whole ten days; and after closing such review the commissioners shall make all such corrections in their statement and explanatory map or maps as they shall deem proper, and cause such statement and map or maps so corrected and certified under the hands and seals of said commissioners and their clerk, to be deposited in the office of the Register as one of the ° Notice by records of the city; and it shall be the duty of the Reg- Register, ister within five days after said proceedings shall have been deposited in his office, do notify all persons inter¬ ested, by an advertisement to be inserted once a week for four successive weeks in three of the daily news¬ papers of the city, that the said assessment and maps have been so placed in his office, and that the parties inter¬ ested therein are entitled to appeal therefrom by peti¬ tion in writing to the Baltimore City Court. I 72 ORDINANCES. cay code, 1893 , 94. Any person or persons, or corporations, who may Art,. 45, Sec. 9. be dissatisfied with the assessment of damages or bene- proceedings fits as hereinbefore provided may, within thirty days upon appeal to Baltimore city after the return of corrected statement and map or Court. r maps to the Register, as provided in the eighth section of this article, and the first publication of the notice thereof by the Register, appeal therefrom, by petition in writing, to the Baltimore City Court, praying the said court to review the same, and on any such appeal the court may and shall appoint a day for hearing said appeal, which shall not be less than five nor more than thirty days after the expiration of the thirty days limited for taking appeals as aforesaid, and shall direct the clerk of the? said court to issue a subpoena duces tecum to the Register of the City, requiring him to produce and deliver to said court the record of the pro¬ ceedings of the Board of Commissioners in the case, and all maps, plats, documents and papers connected with such record; and the said Baltimore City Court shall have full power to hear and fully examine the subject and decide on the said appeal, and for that pur¬ pose is hereby authorized and empowered to adjourn from time to time, and may cause all such appeals to be consolidated, or may hear and decide them sepa¬ rately, and may require the said commissioners, their clerks, surveyor or other agents and servants, or any of them, and all such other persons as the court shall deem necessary to attend and examine them on oath or affirmation, and may permit and require all such ex¬ planations, amendments and additions be made to and of the said record of the proceedings as the said court shall deem requisite; and the persons appealing to the Baltimore City Court as aforesaid shall be secured in ORDINANCES. 73 tlie right of a jury trial, and the said court shall direct the Slier iff of Baltimore City to summon twelve or more persons qualified to be jurors, and shall empanel any twelve disinterested persons so summoned or at¬ tending the court to try any question of facts, and if necessary to view any property in the city or adjacent thereto to ascertain and decide on the amount of dam¬ ages or benefits under the direction of the court; and the said court shall not reject or set aside the record of the proceedings of the said commissioners for any de¬ fect or omission in either form or substance, but shall amend or supply all such defects and omissions, and increase or reduce the amount of damages and benefits assessed, and alter, modify and correct the said return of proceedings in all or any of its parts as the said court shall deem just and proper, and shall cause the pro¬ ceedings and decisions on said returns and appeals to be entered in the book containing the record of the proceedings of the commissioners, certified by the clerk, under the seal of the court, and the book to be trans¬ mitted to the Register of the City, which shall be final and conclusive in every respect, unless an appeal be taken to the Court of Appeals, and such records, book or copy of the proceedings therein, or any part of such proceedings, whether in court or out of court, certified by the Register of the City, under the corporate seal of the city, shall be evidence in any court in this State; and the Judge of the Baltimore City Court shall have full power, in his discretion, to add the reasonable costs of any appeal, to be taxed by him, or any part thereof, to the damages to be collected for constructing, opening,en¬ larging or straightening any sewer, or to require such cost, or any part thereof, to be paid by all, or by either 74 ORDINANCES. of the appellants, as the circumstances of each appeal in his opinion shall justify. City Code, 1893, Art. 45, Sec. 10. Transfers of proceedings to City Collector. 95. If no appeal shall have been prayed within ten days after the time hereinbefore limited therefor, or after the return of the decision upon any appeal shall have been made to the Register, the said Register shall transfer the said commissioner’s return to the Collector, who shall proceed forthwith to notify the parties as¬ sessed for benefits, by means of bills specifying the several sums so assessed, and warning them that if the same be not paid within six months from the date of such transfer of said commissioners’ return, he will proceed to sell the specific piece or parts of property on which such unpaid sum or sums of money shall have been assessed, in the manner, and after having given the notice directed by the eleventh section of this ordinance. ibid., sec. ii. 96. If the sums assessed upon the property benefited shall not be paid within the time above limited, the erty l6 for ^non- Collector is hereby authorized and directed to sell the benefits. of property or any part thereof on which such assessment has been laid, giving not less than thirty days’nor more than sixty days’ notice of said sale in two of the daily newspapers published in the city of Baltimore; said notice to be published within ten days after the expira¬ tion of the time limited in the tenth section for the payments of said benefits, and the moneys so collected by the Collector shall be paid over by him to the Mayor and City Council of Baltimore, as other moneys are directed to be paid over, and by them to the persons entitled to receive the same. ORDINANCES. 75 97. In all cases in which the City Collector shall sell Ibid - &c - 12 - any property on account of the non-payment of assess- Terms and nients made for the constructing, opening, enlarging or sale - straightening of any sewer, it shall be his duty to sell said property to the extent and subject to the same con¬ ditions which are provided by ordinance for the sale of real estate in the city of Baltimore, charged with the payment of other taxes imposed by this corporation; and in the event of the purchaser or purchasers failing forthwith to comply with the terms of said sale, the Collector shall resell the same at the risk of the former purchaser, giving not less than ten days’ notice in two of the daily newspapers of the city aforesaid; and after collecting the benefit assessments he shall forthwith return the proceedings of said commissioners to the City Comptroller. 98. The Collector on receiving the full amount of the C u y code, 1873 , purchase money on such sale shall execute a deed of ArL 45, Sec ' 13 ‘ conveyance in favor of the purchaser or purchasers, or cll a Hr . t0 pur " their assigns or assignees, which deed shall convey a fee simple or leasehold estate, as the case may be, in and to such property; and after deducting the costs of sales, advertising and other necessary, expenses, he shall pay the balance of such purchase money to the the Mayor and City Council of Baltimore, who shall pay over the said balance, after deducting the amount assessed on said property, to the person or persons en¬ titled thereto on demand without interest. 99. All the sums of money assessed by the coinmis- J J Ibid., Sec. 14. sioners aforesaid, upon property deemed by them to be * Benefits to be benefited, shall be and continue liens on each several uena on prop- 7 erty. piece of property so assessed to the amonnt of its par- 76 ORDINANCES. City Code, 1893, Art. 45, Sec. 15. Lien transfer¬ able to third party paying benefits. Ibid., Sec. 16. Appointment of special com¬ missioners. ticular assessment, until the same shall be paid to the citv; but no sewer shall be constructed, opened, en- larged or straightened on or under the ground of any person or persons, or corporations adjudged by the com¬ missioners to be entitled to damages for said opening and so forth, without the consent in writing of the per¬ son or corporation so entitled, until such damages shall be paid, or the amount thereof invested in the city stock for the use of each person or corporation entitled to any part of the compensation for such damages to the amount of his, her or their respective right and interest therein, of which investment the Register’s cer¬ tificate, under the corporate seal of the city, shall be competent proof. 100. Any person or persons not claiming title to any lot or piece of property upon which any sums shall be assessed as aforesaid, may pay the amount of the sum so assessed within the time limited, to the Register of the City, and obtain his certificate of having paid such sum without claiming title to the property, and such payments shall vest in the person or persons pay¬ ing, his, her or their heirs the lien on such lot or property mentioned in Section 99 of this article. 101. If it should so happen that any one or more of said commissioners should be interested in any particu¬ lar case, the Mayor shall make a temporary appoint¬ ment of a commissioner or commissioners to act in the place and stead of such interested commissioner or commissioners, who shall take the oath or affirmation, as the case may be, and in all respects conduct himself as the commissioners who are biennially appointed. ORDINANCES. 77 102. In case the said commissioners shall commence ma., sec. it. any proceedings by virtue of this article, they shall be proceedings n j i t. j. i , tobe completed allowed not exceeding ninety days to complete the within 90 days, same; provided, should said commissioners ascertain it to be impracticable so to complete the said proceedings they shall make to the Mayor or City Council a full and Provi80 explicit report of the cause or causes of such inability, together with all such other matters connected there¬ with as the Mayor or City Council may from time to time require, and shall suspend all further proceedings until otherwise directed. 103. The said commissioners shall proceed to close all cu y code, 1893 , their work, notwithstanding they may not be reap¬ pointed, within six months from and after the expira- missioners to h ci v g six tion of the time for which they were apDointed by vir- months to close all their work. tue of the first section of this article. 104. Whenever any lot or part of a lot, or parcel of lbid Sec l9 ground, may be taken for the purpose of constructing, Feeaudlease . opening, enlarging or straightening any sewer, and^di^cfim? damages assessed therefor, and there shall be an out- lmted ‘ standing unexpired term of years therein, the said commissioners shall discriminate in their proceedings between the value of fee simple or ground rent interest and the leasehold interest. 105. Whenever any obstruction shall have remained im Sec 20 in the way of any sewer so to be opened, enlarged or ohstructi( , n . straightened, for the space of sixty days after the pro- t0 ^ e removed, ceedings of the said commissioners shall have been returned to the Register of the city, it shall be the duty 78 ORDINANCES. of said commissioners to cause the same to be removed, and to draw on the Register for the expenses so incurred, which shall be paid by him; and the Mayor shall forth¬ with cause a suit for the recovery of said expenses, to be instituted against the person or persons by whose default the said obstruction has been suffered to remain, and the same, when recovered, shall be paid to the Register for the use of the city. ibid., Sec. 21 . 106. In each case of constructing, enlarging or straight- Per diem to ening any sewer, under the provisions of this article, the said commissioners shall, for each and every day in which they and their clerk shall be actually engaged in the performance of their duties, assess as part of the expenses of their proceedings, a per diem as to each of said commissioners and their clerks, of four dollars, to be collected as other expenses are, and to be paid to the Register for the use of the city. cuy code, 1893, 107. The Commissioners for Opening Streets and Art. 45, Sec. 22. Sewers, so soon as they shall have completed their work papers 8 with on each sewer, shall deposit all papers and books Register. relating thereto in the office of the City Register. ibid., sec. 23 . 108. When the Mayor and City Council shall pass an City Commis- ordinance for the opening, constructing, enlarging or sioner to sur- veyroute. straightening of any sewer within the limits of the city, the City Commissioner is hereby authorized and re¬ quired to have surveyed the route of said sewer, and to determine the size the same shall be, and to take charge of and superintend the work of such opening, construct¬ ing, enlarging or straightening. ORDINANCES. 79 109. When it shall have been determined to open, Ibid -’' SYec - 24 - construct, enlarge or straighten any sewer, under the To advertise provisions of this ordinance, and when the assessments and survey aforesaid shall have been made, the said City Commissioner shall advertise for thirty days in at least two of the daily newspapers of the city for proposals for the opening, constructing, etc., of such sewer, accord¬ ing to plans and specifications to be prepared by said City Commissioner; and the said City Commissioner shall award the contract for such opening, constructing, etc., to the lowest responsible bidder. 110. Before any contract shall be executed under the sec. 25 . provisions of the preceding section, the contractor contractor to sjive bond. or contractors shall enter into bonds with good and sufficient security, to be approved by the Mayor and Comptroller, in double the amount of the contract price, conditioned for the faithful and efficient per¬ formance of the work contracted for. 111. If any person shall willfully stop or obstruct the c,t y code, 1893 , passage of the water of any sewer, made or which may ''' Vc - u hereafter be made, he, she or they so offending shall obstructing forfeit and pay the sum of one hundred dollars for each and every such offence. 112. If any person or persons, owner or.owners, occu- /&«*., sec. 27 . pier or occupiers, of any lot within the city of Balti- unauthorized more, shall tap or open, or cause to be tapped or opened, sewers. 1 '" any of the public sewers in the city, without first ob¬ taining the permission of the City Commissioner and the approval of the Mayor, said person or persons, owner or owners, occupier or occupiers, shall forfeit and penalty. 80 ORDINANCES. pay the sum of twenty dollars for each and every such offence; and it shall be the duty of the City Commis¬ sioner to cause a notice to be served upon such person or persons, owner or owners, occupier or occupiers, directing any of said sewers to be closed when they have been tapped or opened, in the manner prescribed by said notice, and if such person or persons, owner or owners, occupier or occupiers, shall refuse or neglect to comply therewith, lie, she or they so refusing or neglect¬ ing, shall forfeit and pay the further sum of five dollars for each and every day he, she or they shall continue to refuse or neglect to comply therewith, and shall moreover pay the expenses incurred in case such sewer shall be closed under the direction of the City Commissioner, which said commissioner is hereby authorized to have done in case of such neglect or refusal. Ibid., Sec. 28. Permit for pri¬ vate sewers. 113. It shall not be lawful for any person or pesons to construct within the city limits a private sewer, under the streets, lanes or alleys that are paved, with¬ out having had and obtained the written permission of the City Commissioner, approved by the Mayor, under a penalty of twenty dollars, and ten dollars for each and every day the same shall remain; and every application for such permission to erect such sewer shall be in writing, signed by the person or persons making the same, and shall name the length desired. a Codi> 18{n 114. After obtaining permission to construct or make Art. 45.. Sec. 29 . such sewer, and previous to the commencement thereof, EegiJter ent t0 ^ ie person or persons so applying shall therewith pay to the Register of the City the sum of twenty cents for ORDINANCES. 81 each lineal foot of ground mentioned as required for such sewer, under a penalty of twenty dollars for each and every commencement of such sewer without the pay¬ ment of the sum herein required. 115. It shall not be lawful for the proprietor or pro - lbld ’ Sec - 30 - prietors of any gas works in the city of Baltimore, to gas 1 matter allow any gas tar, or other similar refuse matter, to es-JJJJg b t ® cape from their said gas house or gas works, as that the sewer! int0 same may thereafter flow into anj^ of the public sewers of tlie city of Baltimore, and said proprietors shall con¬ struct in connection with said gas works, under the supervision of the City Commissioner, such appliances as will in his judgment prevent the flow of said ele¬ ments into any of said sewers; that any person or corporation offending against any provision of this section shall be subject to a fine of one hundred dol¬ lars (§100) for each and every offence. GRADES, GRADING, PAVING, ETC. 116. In all streets required by ordinances heretofore passed, “to be paved with sheet Trinidad Lake asphalt, to be of the best quality of refined Trinidad asphalt TouseTrini- obtained from the so-called pitch or asphalt lake of the 0 ? otl f r as - * ^ plialt for pav- Island of Trinidad,” the Mayor and City Commissioner ing - are hereby authorized and directed to permit the use of what is known as Bermuda asphalt, or any other asphalt which has been found by experience equally as good for paving purposes, and in advertising for proposals for 82 ORDINANCES. Orel. No. 135, App. Oct. 1,1894. To substitute Mosaic pave¬ ment for Bel¬ gian block pavements. City Code, 1893, Art. 48, Sec. 28. Establishment of grade on application of property owner sncli repaving shall include the said Bermuda asphalt, or any other asphalt which has been found by ex¬ perience equally as good for paving purposes, among the kinds of asphalt for which proposals will be accepted. 117. The Mayor and City Commissioner are hereby authorized and directed, when in their judgment it may be for the public interests, to substitute the stone pave¬ ment known as the Mosaic pavement for the Belgian block pavements heretofore authorized by any city ordinance to be laid on any of the streets of this city. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed. 118. The City Commissioner may, on application in writing of the owner of any property binding thereon, proceed to establish the permanent grade line or lines of any street, lane or alley, or part thereof, now or here¬ after to be marked, located, widened or straightened, or laid out upon the plan of the city, and may also, from time to time, upon similar application, make such changes in the grades of any unpaved streets, lanes .or alleys, or parts thereof, as he may deem advisable. He shall keep in his office a record of such establishments or changes, and shall also make a written return of the same to the Register of the City, who shall record the same and preserve the original in the files of his office, and shall also collect the cost of such establishments or changes of grade from the person or persons making the application for the same. Dashiell vs. M. & C. C., 45 Md., G15. ORDINANCES. 83 119. The City Commissioner is authorized to estab¬ lish the permanent grade lines of any street or alley, or part thereof, which is located on Poppleton’s Plat, or which is now or may hereafter be marked, located or laid out on the plan of said city, and whether said street or alley has been condemned and opened or not, whenever in his judgment the public interests require the establishment of said grade lines; the cost of said establishment to be paid for out of the appropriations for the City Commissioner’s department; and before establishing the grade lines of any street or alley, or part thereof, the City Commissioner shall give five days’ notice in three daily papers published in the city of Baltimore that he will appear on the premises on the day named in said notice for the purpose of establish¬ ing the said grade lines; and said City Commissioner, upon giving like notice, is hereby authorized to change and re-establish the grade lines of any unpaved street or alley, or part thereof, whenever in his judgment the public interests require such change; the cost of said change to be paid for out of the appropriations for the City Commissioner’s department. Whenever the City Commissioner shall, under the pro¬ visions of this section, establish or change the grade line of any street or alley in the city of Baltimore, which has been by ordinance directed to be graded and paved, the cost of said establishment shall be added to the cost of the grading and paving of said street or alley, to be paid and collected as the said cost of grading and paving is paid and collected. And whenever the Commissioner of Health shall be of opinion that the public health requires the paving of any private alley, he shall issue a certificate to that effect directed to the City Code. 1893, Art. 48, Sec. 29. Establishment of grade by City Commis¬ sioner. in his judgment. 84 ORDINANCES. City Commissioner, and thereupon the City Commis¬ sioner shall proceed as herein provided, and shall grade and pave the same according to the provisions of this article, so far as the same are applicable, and the cost of establishing said grade and grading and paving said alley shall be assessed on and collected from the owners of the property binding thereon, as provided in this article, and shall be a lien on said property until paid. aty cod e im, 120. The City Commissioner, with the approbation Art. 48, aS^c. 30. of the Mayor, shall have full authority to grade, gravel, paving shell, pave or kerb any street, lane or alley, or part prop’ty owners thereof, in the city of Baltimore, whenever the owners of a majority of the feet of ground binding on such street, lane or alley, or part thereof, shall apply for the same. Ibid., Sec. 31. Notice such cases. 121. When the City Commissioner shall receive an in application in writing to grade, gravel, shell, pave or kerb any street, lane or alley, or part thereof, as pro¬ vided in the aforegoing section, it shall be his duty to give ten days’ public notice, by advertisement in three newspapers, of the fact of such application, as also of the time and place when he intends to act, for the pur¬ pose of determining on such application. Ibid., Sec. 32. Notice for proposals. 122. After such application has been made, and the public notice has been given, and the City Commissioner has determined to grade, gravel, shell, pave or kerb any street, lane or alley or part thereof, he shall give ten days’ notice in three newspapers that proposals will be received fordoing the same; the said proposals shall be ORDINANCES. 85 opened in the Mayor’s office, and the contract shall be awarded to the lowest responsible bidder. Dashiell vs. Mayor, &c., 45 Md. Glo. 123. A tenant for ninety-nine years, or for ninety-nine at y code , 1893, Art. 48, Sec. 33. years renewable forever, or the executor or administrator of such tenant, or the guardian of an infant owner, or a deemed owners mortgagee in possession, shall be deemed and taken as an owner for the purposes of any application authorized by this ordinance, and the application of any such person shall bind the property so represented for any assessment or tax made under it. 124. Before the City Commissioner shall proceed to Sec _ 34t execute any ordinance which may be hereafter passed, preliminary for the grading, paving or kerbing or the repaving, re- c&insei°orsoii f - grading or rekerbing of any street, or alley, or the con- Dance Is valid, struction of any sewer, he shall procure and file in his office the written opinion of the City Counsellor, or the City Solicitor, certifying that all proper and necessary proceedings have been taken to authorize the Mayor and City Council of Baltimore to pass said ordinance, and that said ordinance is legally sufficient for the purpose for which it has been passed, and it shall be the duty of such one of the said law officers of the city as the City Commissioner shall apply to for the purpose to furnish the City Commissioner an opinion, in writing, of the purport above mentioned. 125. After the contract has been awarded, as provided Code lggg in Section 122, the City Commissioner shall impose a ArL ^>sec.u. tax upon the owner or owners of property binding upon such street, lane or alley, or part thereof, equal in 86 ORDINANCES. amount to the whole expense of the work, and for col¬ lecting the same, being three per centum on the whole cost, except for cross streets; and he shall assess and lay the tax upon the owner or owners of property on each side of said street, lane or alley, or part thereof, of one-half of so much of said street, lane or alley as may be in front of such property, except for paving the por¬ tion reserved for sidewalks, being one-fifth of the whole width on each side thereof; and the said tax shall be a lien upon such property. city code, im, 126 . After the contract has been awarded to grade, Art. 48, Sec. 36. . l . f gravel, shell, pave or kerb any street, lane or alley, or tax 8 liable for P ar ^ s thereof, the City Commissioner shall make a cor¬ rect list of the names of the persons liable to pay the tax for the same, and the amount to be paid by each person; and he shall deliver to the City Collector a du¬ plicate list of the names of such persons, and the amount to be paid by each, under his hand and seal, with directions for collecting the said tax, which shall be due in sixty days after the completion of the work and its acceptance by the City Commissioner; and it shall be the duty of said City Commissioner, upon the expir¬ ation of sixty days after the completion of such work, and its acceptance by him, to issue his warrant upon the City Register for the entire amount due under such contract, less ten per centum thereof, as provided by Section 116 of this article, in favor of such contractor, which, when approved by the Mayor, shall be paid by the Register upon the certificate of the City Comp¬ troller. ORDINANCES. 87 127. The City Collector is directed to notify the per- Ibid., Sec. 37. sons named in the list of the City Commissioner, refer- Notice to such red to in Section 126, of the fact that such work has 11 * L1 ^ been completed and accepted, and of the date when said tax or assessment therefor will become due; and it shall be the duty of the City Collector, upon the ex¬ piration of sixty days after such completion and accept¬ ance, to collect at once, as other city taxes are collected, all assessments due for such work, charging interest at six per cent, from the time the same becomes due. 128. In all contracts for paving streets a provision City Code lm shall be incorporated for putting down flag or stepping ArL 48, Sec ' :38 ‘ stones across all streets, lanes or alleys at their inter- Fla s stones - sections with each other; and all flagstones to be here¬ after used shall consist of two rows of gneiss, granite or other hard stone, two feet in width, and not less than five inches in thickness, and shall be so laid as that there shall be a space of one foot between said two rows of flagstones, which shall be paved with Belgian blocks, and the City Commissioner shall conform to the requirements of this section in all cases where flagstones shall hereafter be laid. 129. Streets, lanes or alleys, not more than twenty feet in width, hereafter .to be paved, may be paved Ibld -> Sec ’ d9 - without kerbstones, provided the owners of a majority 8 p™ed of the front feet binding thereon shall assent to the JoneT* kerb " same, and the City Commissioner shall deem it ad¬ visable so to pave such street, lane or alley. 130. All streets, lanes or alleys to be paved shall be ibid., sec. io. paved with rubble-stone, or such other stone as the City H ow streets Commissioner shall consider sufficiently durable, the 8ha11 be paved ' 88 ORDINANCES. stone to be not less than sixteen square inches on the surface (except that part between the kerb and gutter, which may be of such smaller size as directed by the City Commissioner), and at least six inches in depth, to be placed upright in a bed of sharp sand or gravel, at least one foot in depth; and the interstices shall be filled up with stone of a size and quality to be pre¬ scribed by the City Commissioner; all paving to be rammed twice with rammers weighing fully eighty pounds; gutter-stones to be of good hard stone, not less than ten inches in breadth, one foot long and six inches in depth; the kerbstone to be not less than four and a-lialf inches in thickness, eighteen inches in depth and four feet in length, and the edge, which is to be fitted to the sidewalk, shall be straight and leveled to the pitch of the footways, and the two ends shall be made straight the whole depth, and the upper edge shall be of equal thickness throughout; provided, that in paving streets, lanes or alleys, not over twenty feet in width, the City Commissioner may, in his discretion, put the gutter in the centre thereof, in which case the kerb¬ stones to be used may be not less than fifteen inches in depth; and all kerbstones shall be set in a bed of sharp sand or gravel, as hereinbefore provided for the paving; and the contractor for paving any street, lane or alley shall give satisfactory security, to be approved by the Mayor, to keep the said pavement in repair for two years after its completion. auj code, 1893 , 131. The City Commissioner, or his assistants, shall Art. 48, >se C . 4i. exarn i ne all kerb, flag and gutter-stones intended to be inspection of used previously to their being laid; and all such stone fore it is used. not conforming to the provisions of this ordinance shall ORDINANCES. 89 be condemned and rejected; and lie sliall also examine all paving before any sand lias been thrown on it, and if the same be not laid in a good and substantial man¬ ner, and in accordance with the aforegoing provisions, he shall cause the same to be taken up and repaved at the cost of the contractor therefor; and if any contractor shall set any kerb, flag or gutter-stones or cover any paving with sand previously to inspection by the Com¬ missioner or his assistant, he shall forfeit and pay a fine of twenty dollars for each and every offense. 132. The Mayor shall have full power, whenever he ibid., sec. 42 . may deem it advisable, to sign, on behalf of the city Mayor may corporation, any petition for the paving, grading or ^ ,frUf01 Clty ' kerbing of streets, lanes or alleys, on which may front any property belonging to the city. 133. Whenever any street, lane or alley has been Ibidt Sec - 47 - the terms of the preceding section of this ordinance contract for¬ feited if bond within the time specified shall forfeit all claim to the be not e iven - contract awarded him, and the proper officers of the city may at once either award a contract for the same New award, work to the next lowest bidder therefor or may re¬ advertise for proposals and proceed as if no award had been made, as in their judgment may be best for the interests of the city. 138. It shall be the duty of the City Comptroller and ^ Ibid., Sec. 48. Register of the City in settling bills against the Mayor and City Council of Baltimore, on all contracts made of contract price to be and entered into for the grading, paving and kerbing of ^hhem for streets, lanes and alleys, to withhold from the contrac¬ tors for said work ten per centum of the amount of their bills; said amount to be retained for the space of two years from the date of settlement, with interest at the rate of six per centum per annum, in order to pro¬ tect the corporation against loss by reason of the negli¬ gent performance of any contract, and as a guaranty that the contractors will keep the work performed by them in proper condition and repair during the space of two years; provided, that no interest shall be allowed if the contractors fail to keep the work per¬ formed by them in proper condition for two years; and provided, that no interest shall be allowed on any amounts withheld prior to the passage of this ordi¬ nance. 139. The City Commissioner, with the? approbation C it y code, \m, of the Mayor,, shall consummate all contracts with such " person or persons as shall have public work awarded^or ( to^con- them, pursuant to Article 1, sub-title “City Contracts,” tracts.* 92 ORDINANCES. whenever such awards have been made under advertise¬ ment issued by him for proposals for such public work. ibid., sec. 50 . 140. The City Commissioner shall have full power to .to regulate grade and regulate the footways in all paved streets, glitter^ 8 and lanes and alleys in the city of Baltimore, and all streets, lanes and alleys hereafter to be paved, repaved or re¬ paired, to the grade of five-eights of an inch ascent for every foot in width of such footways, from the top of the kerbstone to the line of the street, lane or alley in which such footway may be paved, repaved or repaired, and to regulate all gutters across such footways, which, unless covered with wood, stone or brick, on a level with the surface of the footways, shall not be deeper than three inches. Ibid., Sec. 51. 141. The City Commissioner is hereby authorized Notice by ad- and directed, in all cases where the owner or owners of owners of ground fronting on any of the paved streets, lanes or ground. alleys of the city cannot be found at the time said footways are out of order, to cause to be published in three or more of the daily papers having the largest cir¬ culation published in the city of Baltimore, at least five times, the locality and number of feet of such lot or lots of ground and notice of his intention to have the foot¬ ways of such lot or lots paved, repaved or repaired, as the case may be; and in case said lot or lots shall not be paved, repaved or repaired within the time specified in said notice, said Commissioner shall have the foot- ways of such lot or lots paved, repaved or repaired, and shall hand over to the Collector his warrant, to be by him collected as herein provided. ORDINANCES. 93 142. Tlie said City Commissioner shall cause notice Cl ^ ( of said order to be given to the proprietor or proprietors Mo(1 f of the lot or lots in front of which a footway is required in g notIce - to be filled up, dug down, paved or repaved, in manner following; that is to say, the said order, or a copy thereof, may be left at any house on such lot, or served personally on the proprietor or proprietors, or his, her or their tenant, agent or guardian, or left at his, her or their residence, or a copy of such order may be pub¬ lished in one or more of the newspapers of the city, not less than five times, notice in any of which inodes shall be deemed sufficient. 143. If the proprietor or proprietors of any lot or lots ma., sec. 53. fronting on any paved street, lane or alley shall neglect Failure of or refuse to fill up, dig down, pave or repair the foot- notice? toobey ways in front of such lot or lots for the space of ten days after service of a printed or written order, or copy thereof, in manner as aforesaid, to be reckoned in case of publication in a newspaper from the first publica- . tion, then the said City Commissioner is authorized and directed to have the said footways filled up, dug down, paved or repaved with brick, in a sufficient and sub¬ stantial manner, or repaired in such manner as he, the said City Commissioner, shall think proper, and a tax shal^ be imposed upon each respective lot in front of which the footways shall have been so filled up, dug down, paved or repaired, equal to the expenses of such filling up, digging down, paving or repairing, with an addition thereto of three per cent, for the expense of collecting. 94 ORDINANCES. ibid., sec. si. 244. The City Commissioner shall issue his warrant Tax for work to the Collector, approved by the Mayor, for the col¬ how to he coi- i ec tj on 0 f said tax, containing the names of the person or persons who are to pay such tax, and the amount to be paid by each, nevertheless correcting any mistake in the said list as often as he may be satisfied of the same, and the said tax shall be due immediately on making out said warrant, which the said City Commissioner may do as soon as he can ascertain the expense in¬ curred, or to be incurred, and such tax shall be a lien upon all such lots. city code, im, 145. The said Collector shall immediately collect the Art. 48, Sec. 55. " same by distress or otherwise, giving sixty days’ notice Tax, how to he collected, previously to distress, and pay over the same to the Register. ibid., sec. 56. 146. The City Commissioner is authorized, with the Anticipation approbation of the Mayor, to draw on the Register of of collection of such tax. the City in anticipation of such tax for such sum or sums of money as may be necessary to fill up, dig down, pave or repair any such footways. ibid., sec. 57 . 147. If any person or persons shall neglect or ref use Penalty for to fill up, dig down, pave or repave any footway in or repave \oot- front of his, her or their lot or lots, when required so Wa y g> to do by the City Commissioner, in the manner herein¬ before provided, such person or persons shall forfeit and pay twenty-five cents per front foot every day such person or persons shall refuse or neglect to fill up, dig down, pave or repave as aforesaid, as a fine for such neglect or refusal; and it shall be the duty of the City ORDINANCES. 95 Commissioner, when he issues his warrant for the said tax, to take the necessary steps for enforcing the said fine. 148. It shall be the duty of the City Commissioner, ibid., sec. 58. in conjunction with the Marshal of Police, biennially Biennial in¬ to inspect all the footways, flag and stepping stones footways, nag within the corporate limits of the city, and cause tlie felones - same (where required) to be immediately repaved or repaired, in conformity to the provisions of Sections 50, 51, 53, 57, and 61 of this article. 149. It shall not be lawful for any person or persons to pave any of the footways binding on any of the Flagstones to streets, lanes or alleys of the city of Baltimore with be put down, stone, unless the same shall be put down with good and sufficient flagstones, parallel with the kerbstone on said street, lane or alley, under a penalty of one dollar for every front foot. 150. The Mayor is hereby authorized to extend the ibid., sec. 6 o. time of bonds for the paving or repaving the streets, Extension by lanes or alleys, upon his being assured by the City for paving and Commissioner that the work cannot be completed con- 1 ' 1 ’ iLWU - sistently with the public interests within the time lim¬ ited in the bonds. 151. The City Commissioner is authorized to direct /bld>Sec G1 and require, by written or printed order, the proprietor ];ri k or proprietors of any lot or lots fronting on any of the ments - paved streets, lanes or alleys of the city, to fill up or dig down to the proper grade, or to pave or repair the footways in front of such lot or lots, with a good and 96 ORDINANCES. sufficient brick pavement, on a bed of good sharp sand, not less than six inches deep, within ten days after notice of such order; the said footways in front of un¬ improved lots to be paved with good and substantial brick four feet from the kerbstone, and all the through- fares or business streets of the city shall be paved to the building line, if thought requisite by the City Com¬ missioner; and in case of refusal or neglect by the pro¬ prietor or proprietors of any lot or lots of ground to comply with the requirements of the said Commissioner, the owner or owners of said lot or lots of ground shall penalty. p e subject to a fine of ten dollars for each and every day such notice or order shall remain uncomplied with, to be recovered as other fines and forfeitures are recov¬ erable. City Code , 1893, Art. 48, Sec. 61a. Preliminaries to passage of any ordinance for grading or regrading, shelling or re¬ shelling, grav¬ eling or regrav¬ eling, paving or repaving, kerbing or re- kerbing, any streets, lanes or alleys. 152. Before any ordinance for the grading, shelling, graveling, paving and kerbing, or for regrading, re¬ shelling, regraveling, repaving and rekerbing of any street, lane or alley or part thereof, by the terms of which the whole or any portion of the cost of the work is to be assessed upon the property binding on such street, lane or alley or part thereof, shall be passed by either branch of the City Council, it shall be referred to the Joint Standing Committee on Highways. Before recommending the passage of any such ordinance the said Joint Standing Committee on Highways shall re¬ quire the chief clerk of the Branch of the City Council in which the said ordinanceyvas introduced, to give ten full days’ notice, excluding both the day of publication and the day of the session of the committee, in at least two of the daily papers of the city of Baltimore, of the introduction of said ordinance, and that any and all ORDINANCES. 97 persons interested therein will be heard upon any mat¬ ter relating thereto by the said Joint Standing Com¬ mittee on Highways at the time and place to be desig¬ nated in such notice. 153. As soon after the passage of any such ordinance ibid., sec. 6i&. as practicable, it shall be the duty of the City Com- Advertisement missioner to give ten dnys’ notice in two of the daily 1 ' 1,loposal8, newspapers, that proposals will be received for doing the entire work, or if the labor is to be done by the day, then for the materials; such proposals to be opened in the Mayor’s office and the contract to be awarded by the Mayor, Comptroller and City Commissioner to the lowest responsible bidder, who, if the proposal was to do the entire work, shall enter into a bond satisfac¬ tory to them, conditioned for the commencement of the performance of the contract within fifteen days after a Contract, notification from the City Commissioner to proceed therewith, and for its continuous and faithful prosecution to completion, except when unavoid¬ ably interrupted by weather; if the proposal was to furnish the materials, the labor being done by the day, the bond shall be conditioned for the delivery of the said materials in accordance in all respects with his bid, at such times and in such quantities as the City Commissioner may require ; and said bond and contract shall in either event also contain such other tractor - provisions as are now or may hereafter be required by the ordinances of the Mayor and City Council; and said officers shall have the power to reject any and all bids, if it be, in their judgment, to the best interest of the city to do so; in case the labor is to be done by the day, then the City Commissioner shall make a careful 98 ORDINANCES. City Code, 1893, Art. 48., Sec. 61c. Apportionment of cost. Ibid., Sec. 61d Advertisement of such appor¬ tionment. estimate of the cost of such work, including the con¬ tract price of the materials. 154. After the contract for the whole work has been awarded, or the cost of the whole work ascertained, as above provided, the City Commissioner shall apportion the whole or such portion of the cost of the work as the ordinance shall require to be paid by the property owners (not including, however, any portion of the cost of the cross streets), together with three per centum * thereon for costs and expenses, upon the property bind¬ ing on each side of said street, lane or alley, or part thereof, in proportion to the frontage of such property thereon. 155. After the City Commissioner shall have com¬ pleted his apportionment of the expenses to be assessed upon the property binding on said street, lane or alley, or part thereof, he shall give notice by advertisement, inserted twice a week for two successive weeks in two of the daily newspapers published in the city of Balti¬ more, that such apportionment has been made and that the statement thereof is on file in his office for the in¬ spection of all persons interested therein; and that he will attend at his said office on a day in such notice to be named, which shall not be less than ten nor more than twenty days after the first publication of such notice, to review any of the matters set forth in said statement to which any person claiming to be interested therein shall, on or before the day so appointed, make objections; and the said City Commissioner shall attend at the time and place so appointed, and consider all such- representations and testimony, verbal or in writing, in ORDINANCES. 99 relation to any matter in said statement which shall be offered to him, on behalf of any person claiming to be correction of apportionment. interested therein, and shall make all such correction and alteration in said apportionment and statement as shall be necessary to make the same correct; and he may adjourn, from time to time, if necessary, to give all parties claiming review an opportunity to be heard; and after closing such review, he shall make all such corrections as shall be proper, and shall make a correct list of the property and of the owners or reputed owners Listof assess . thereof, liable to pay the tax or assessment, and the nve U red°to e cuty amount to be paid by each piece of property, and shall deliver to the City Register a duplicate list thereof, under his hand, together with such explanatory plat or plats, if any, as may be necessary to designate the property upon which said tax or assessment is levied, which taxes shall be liens on the several pieces of property upon which the same shall respectively be so assessed; and the City Commissioner shall correct any mistake in such list, whenever he may be satisfied that any mistake has been made. Register. •by 156. It shall be the duty of the City Register, within five days after the said proceedings shall have been deposited in his office, to notify all persons interested, Register, by an advertisement to be inserted once a week for four successive weeks in two daily newspapers of the city, that the said assessment and explanatory plat or plats have been so placed in his office, and that the parties affected thereby are entitled to appeal therefrom by petition in writing to the Baltimore City Court. 100 ORDINANCES. Ibid., Sec. 61/. Service of no¬ tices on parties assessed or taxed. City Code, 1893, Art. 48, Sec.'&lg. Appeal to Baltimore City Court. Ibid., Sec. 61 h. Proceedings where such or¬ dinances are set aside or repealed. 157. It shall he the duty of the City Commis¬ sioner to serve written or printed notices on each and every party or parties assessed or taxed for the said grading, shelling, graveling, paving and kerbing, or for regrading, reshelling, regraveling, repaving or rekerb- ing of any street, lane or alley; provided, however, that the service of such notice shall not be so construed as to be one of the prerequisites to the collection of any assessment under any ordinance heretofore passed or hereafter to be passed by the Mayor and City Council of Baltimore. 158. Any person or persons who may be dissatisfied with any assessment in which he or they are in any manner interested, may, within thirty days after the return of the above-mentioned duplicate lists of the property and owner or reputed owner thereof, liable to said tax or assessment by the City Commissioner to the City Register, appeal therefrom by petition to the Baltimore City Court, praying said court to review the same; and thereupon the proceedings shall be similar to those in the case of the trial of street appeals; and the said right shall be had to appeal to the Court of Appeals. 159. Whenever any ordinance passed by the Mayor and City Council of Baltimore, providing for the grad¬ ing, shelling, graveling, paving, kerbing, regrading, reshelling, regraveling, repaving or rekerbing of any street, lane or alley in said city, shall, before any of the work has been done under the same, be set aside and declared null and void by any court of competent jurisdiction, to wit: the Baltimore City Court or the ORDINANCES. 101 Court of Appeals, in the event of an appeal to that tribunal, or the same shall be repealed by the Mayor and City Council of Baltimore, it shall be the duty of the Comptroller immediately thereafter to draw his warrant on the Register in favor of any and all such persons, or their legal representatives, who may have paid into the city treasury any sum or sums of money on account thereof, which shall be forthwith paid out of any sums in the treasury not otherwise appropriated. The Comptroller shall likewise draw his warrant on the Register for the payment of all expenses which may have been incurred by virtue of any such ordinance in carrying out the provisions thereof, for which the city may be liable under existing circumstances. 160. If no appeal shall have been prayed, then, within cuy code, 1893, J ■ ’ Art. 48, Sec. 61t. ten days after the time hereinbefore limited therefor or Proceedings after the return of the decision upon any such appeal where an ap - 1 J L L peal is taken or appeals shall have been made to the Register, the ^ al f a » e : said Register shall transfer the said lists received from Gided - the City Commissioner to the Collector, who shall thereupon proceed in all respects as he does in cases where persons or property are assessed for benefits for opening, closing, widening or straightening any street, lane or alley. 161. If the total amount of assessments after the Ibid _ t Sec _ 61j -. revision of the same by the appeals in the preceding City Regi9ter section authorized and provided for, shall not be suffi- expeL e ea Ce over cient to defray the expense of grading, shelling, gravel- assessments - ing, paving, kerbing, regrading, reshelling; regraveling, repaving or rekerbing, the balance of said expense shall be paid by the City Register on the warrant of the Comptroller, and provided for in the general levy. 102 ORDINANCES. ibid., sec. 6ifc. 162. As soon as the whole of said assessments shall Notice to con- have been collected, or earlier, if directed by the Mayor. tractor to pro¬ work with ws the City Commissioner shall notify the contractor to proceed with the work, or if the same is to be done by day labor, he shall cause the work to be executed; and if, upon the final completion thereof, and the exact ascertainment of the cost, it shall be found that the assessments were greater than necessary, the surplus shall be refunded pro rata to the parties who paid the same, by the warrant of the Comptroller upon the certificate of the City Commissioner. aty code, 1893 , 163. Whenever application shall be made to the City Art. 48, Sec. 62. ~ , Commissioner to have paved or repaved any street, ers may ^select lane or alley of the city of Baltimore, or whenever said paMng. paving or repaving shall be done by virtue of an ordi¬ nance of the Mayor and City Council of Baltimore, it shall be optional with the owners of a majority of the front feet of ground binding upon said street, lane or alley, whether the said paving or repaving shall be with stone, or what is known as the Nicholson, or any other improved pavement; and provided further, that when any paving or repaving is to be done in front of any property owned by the corporation of the city of Baltimore, the Mayor, Comptroller and City Commis¬ sioner shall decide whether it shall be paved with stone or any improved pavement. ord No 71 Sec i 164. There shall be appointed as other city officers App.May i7,’95. ai » e appointed one City Commissioner, who shall attend daily at his office, and there shall also be appointed three Assistant City Commissioners, who shall be under the direction of said City Commissioner, and the entire ORDINANCES. 103 time of both Commissioner and assistants shall be devoted personally to the interests of the corporation; and should it be ascertained that any of the aforesaid officers is engaged in or connected with any business or pursuit other than that appertaining to his official duties, it shall be deemed good and sufficient cause for his removal by the Mayor; the term of the City Com¬ missioner and his assistants first appointed under this ordinance shall commence on the first day of June, 1895, and expire on the first of March, 1896, unless removed by the Mayor, and thereafter the City Commissioner and the three assistants shall be appointed biennially in the month of February by the Mayor as other city officers are appointed. 165. Said Commissioner and Assistant Commissioners Ibid., Sec. 2. before entering upon the duties of their several offices shall severally give bond with security for the faithful performance of their duties, the Commissioner in the penal sum of ten thousand dollars and the assistants in the sum of five thousand dollars each, and there shall be appropriated annually the sum of four thousand dollars for the salary of the City Commissioner, payable monthly, and for the salary of each of the Assistant Commissioners two thousand dollars, payable monthly. 166. It shall be the duty of the Assistant City Com- cu y code, 1893 , missioner to attend to all duties that may be required of him by the City Commissioner, and before any missioner and Assisted lit repairs of paved streets are proceeded with, the City* Commissioner shall have correctly measured the work to be done, and the clerk to the City Commissioner shall keep a record of such measurement; and the pay¬ ments shall be made in accordance therewith. 104 ORDINANCES. ibid., sec. 67. 167 . it shall be the duty of said assistants to inspect Their duties, daily, under the direction of the City Commissioner, all grading, paving, kerbing of streets, lanes or alleys, or repairs of the same that may be in progress, and to measure all repairs that may be made to the same, and to superintend and inspect any other work that the City Commissioner may direct. Salary. T.o keep journal. ibid., Sec. 68. 168 . There shall be appointed by the City Coinmis- cierk to city sioner a clerk to said Commissioner, whose compensation shall be fifteen hundred dollars a year, payable monthly, and who shall keep a fair journal of all proceedings in the office, as far as they may relate to the condemna¬ tion, grading or leveling of the streets, lanes and alleys, and the establishment of boundaries or the making and * repairing of sewers, and the building and repairing of bridges, and shall return them, under the hand and seal of the Commissioner, at least once in every three months, to the Register of the city, to be by him recorded and filed in his office; and he shall carefully preserve all bids for work to be done, and all papers belonging to persons having business with the City Commissioner’s office. Bids. city code, 1893, 169. The department of the City Commissioner shall Art. 48, Sec. 69. . , ,, , , . include the leveling, grading, making, mending or repair- commissioner^ing the streets, lanes, alleys and bridges, and contracting shall include. with any person for materials for the purpose aforesaid, said contracts having been approved by the Mayor, Register and Comptroller of the city, and with as many workmen as he may judge necessary to be employed from time to time in and about the same. ORDINANCES. 105 170. All moneys appropriated for tlie department of ibid., sec. 70. the City Commissioner shall be expended under his To direct ex¬ direction, and paid by the Register to his order, when penditures - approved by the Mayor, on the certificate of the Comptroller. 171. It shall be the duty of the City Commissioner, ma., sec.n. annually, to lay before the City Council, in the first Annual report, week of the annual session, a report of his proceedings, with an abstract of the expenditures of the office, signed by him. 172. It shall be the duty of the City Commissioner, Ibid ., S ec.i or the boundary of any lot, or in fixing the grade of streets, lanes and alleys, in such case every such ORDINANCES. 10 ' person or persons may, within five days next after such determination, appeal from the same to the Mayor,who shall thereupon issue a warrant summoning five dis¬ interested persons of known ability and discretion, whose compensation shall be two dollars per day each, (the determination of whom, or a majority of whom, shall be final,) to settle all matters of dispute within ten days thereafter, and return their award, in writing, to the Register, to be by him recorded; and before the persons appointed under such warrant shall proceed to the execution of their duties, they shall make oath or affirmation that they will impartially examine the pro¬ ceedings of the said Commissioner from which no appeal is prayed, and confirm or alter the same as in their opinion is just, without favor or partiality; and the said persons shall receive from the said Commissioner all documents and information which influenced and directed him in said determination, from which the appeal is made. 177. When any person or persons shall appeal from i bid ., sec. 77. the determination of the City Commissioner, it shall Appellant to not be lawful for the Mayor to grant the said appeal glu 0 n fll to °p a y and issue the warrant herein mentioned, unless the person or persons so appealing shall enter into an obli¬ gation to the Mayor and City Council of Baltimore, and file the same with the Register, binding him, her or themselves to pay to the Mayor and City Council of Baltimore all the expenses which may be incurred in the said appeal, should the same be not sustained. 178. The City Commissioner, with the approbation of the Mayor, shall fix and ascertain the said expenses, City Code, 1893, Art. 48, Sec. 78. which shall be paid to the Register, and by him to the person or persons employed to decide the appeal. City Commis¬ sioner to fix such expenses. 108 ORDINANCES. ibid., sec. 79 . 179. The City Commissioner shall have full power Entry for re- and authority to enter upon the lots of ground or posses- pairing sewers. " _. sions of any person or persons, or bodies corporate, through which the common sewers now or may here¬ after run, to regulate or repair the same. md., sec. so. 180. The City Commissioner is hereby directed when- Repair of ever any of the bridges within the city stand in need of repairs, to mend and repair the same as he, with the approbation of the Mayor, may think fit. ibid., sec. 8i. 181. If any person or persons shall cut, break, dig Penalty for down, injure or destroy any abutment, bank, mound or injury to pub- other public work erected or constructed by or under lie work. the orders of the City Commissioner, every person so offending shall forfeit and pay a sum not exceeding two hundred dollars, and moreover, shall be liable to pay the expenses of repairing the injury. cuy code, 1893, 182. The City Commissioner is authorized to place Art. 48, Sec. 83. flag* and stepping stones whenever and wherever the Flag and step- . , . ping stones, convenience and necessity of the public may require the same, upon proper application being made to him. md., sec. 84 . 183 . qq ie City Commissioner is hereby authorized, Repairing P ri- U p 0n the application of the owners of a majority of the ieys ets aud al ‘front feet on any private wharf, dock, street, lane or alley, to cause the same to be thoroughly repaired and cleaned, and to assess and collect from the owners of the property a tax sufficient to defray the expense of the same in the manner prescribed by law. ORDINANCES. 109 184. The City Commissioner is instructed, in all Ibld -’ Sec - 85 - future contracts for furnishing Belgian pavements, to Belgian blocks, require that the blocks shall be of the following dimen¬ sions : Not less than eight inches long, six inches deep, and from three to four inches wide. 185. The City Commissioner, when engaged in repair- cuy code, mz, Avt» 48, Sec* 86. ing streets, lanes and alleys, shall repair the same over Trenches the trenches made by the several gas companies, and made *>y § as collect the cost of the work from the companies over whose pipes the repairs shall have been made. 186. The several gas companies, railroad companies , Ibid -’ Sec - S1 - as well as other corporations and individuals, (including Di gg in g u p- ^ 7 v o etc., streets, etc. all officers and employees of the city), who may now have, or who may hereafter receive permission to dig up or disturb any of the streets, lanes or alleys of the city, for the purpose of laying or relaying railroad tracks, or repairing the same, or constructing wells, ditches, drains, sewers, tunnels, laying pipes of any kind, or repairing the same, shall be, and they are hereby, required to take the proper measures to insure the safety of passing vehicles and pedestrians from loss how safety of ^ r ° x passing vehi- of life or injury to person or property, by the erection trfan^ n fnbured! of a fence or barrier by day, and in addition thereto, by displaying one or more lanterns at night, at the por¬ tion or portions left open, and also at every street cross¬ ing on the line of the work where the same may be left open, and upon a failure so to' do, such corpora¬ tions, companies or individuals, (including all officers and employees of the city), shall suffer a fine or penalty Penalty, of not less than twenty dollars, nor more than fifty dollars for each and every offence, to be collected as 110 ORDINANCES. other fines and penalties are now collected in the city of Baltimore. Whenever any piles of bricks, stones, lumber or other building* material shall be left in any of the streets, lanes or alleys of the city, they shall during the night be designated by displaying a lighted piaJeTonpiiell am P or lantern at such part of the same as to be easily Ser^etcf’ lum ‘observed by persons passing along the street; and any person or persons, or body corporate, who may violate the provisions of this section, shall forfeit and pay a fine of not less than five nor more than ten dollars for each and every offence, to be recovered as other fines and penalties are recoverable. aty code , 1893, 187 . Any person or persons or corporation who shall Art. 48, Sec. 88. J ^ * * dig up the streets, lanes or alleys of the city of Balti¬ nning up ol ° ; excavations, more, for the purpose of laying pipe or any other pur¬ pose, shall return the dirt removed from such excava¬ tion, and in replacing the same, shall use a rammar or such other contrivance as shall make the ground where such excavations are made sufficiently solid so as not to sink after having been paved. Any person or per¬ sons, or corporation violating the provisions of this section, shall forfeit and pay a fine of ten dollars for each and every offence; such fine to be recovered as other fines for the violation of city ordinances are recovered; and in addition to said fine said person or persons or corporation shall immediately proceed to comply with the provisions of this ordinance. City Code, 1893, Art. 48, Sec. 89. Stamp on gut¬ ter plates. 188. The City Commissioner is authorized and directed to have stamped on all gutter-plates, the weight of iron contained therein furnished by contractors to the city of Baltimore. OltDINAXGKS. Ill 189. The Chesapeake and Potomac Telephone Com- ^ a 18 ^’ pany, of Baltimore city, and the Chesapeake and Poto- f Telephone mac Telephone Company acting separately, or in con- wires to be laid . in conduits. junction, are respectively authorized to lay their or their respective telephone wires intended to be used in connection with the Telephone Exchange to be estab¬ lished in the building belonging to the Chesapeake and Potomac Telephone Company, at the corner of St. Paul street and Bank lane, in the city of Baltimore, in cables, laid in suitable conduits under the surface of the streets, alleys or highways in said city, now traversed, or to be so traversed by their said respective wires, with the necessary man-holes for affording access to said cables. Such conduits and man-holes shall be constructed in such manner as not to injure any vault, sewer, water pipe, or gas pipe, and such conduits and man-holes shall be constructed by either or both of said companies as parts of one system, at their or their respective cost and expense, and said companies so acting separately or jointly in constructing said system of underground wires shall have power to make the necessary house-connec¬ tions in localities where the same may be required, in such manner as may be best adapted to the location by means of any wire or wires from such cable or cables ; provided, however, that the said two companies, if act¬ ing together, shall have and possess the powers and privileges only which might have been exercised by one of said companies if acting alone under this ordinance. 190. Nothing contained in Sections 90-93 shall be Ibid , Sec 91 construed to grant unto either or both of said telephone • No exclusive companies the exclusive right to lay underground wire rights granted, cables within the limits of the city of Baltimore, and 112 ORDINANCES. Ibid., Sec. 92. Payment for grant of privi¬ leges. the rights granted by this ordinance shall cease and determine unless three miles of the underground con¬ duits provided for by this ordinance are constructed within two years from the date of its approval, and after said two years, and as rapidly as said conduits may be constructed, and said cables are laid therein, all poles belonging to, or under the control of either of said companies, standing upon any street or thorough¬ fare in this city, along which any such conduit is con¬ structed and cable laid, shall be removed, and shall not be replaced, except in so far as such existing pole or poles now standing, or hereafter to be maintained or erected by such companies or company, are necessary to be main¬ tained or erected by them or it, for the purpose of making distribution of and forming connections with any wire or wires forming part or parts of any such cables so laid in a conduit with the building or build¬ ings or place or places intended to be connected with such wire or wires from such cable. 191. Said companies shall, in consideration of the rights and privileges granted to them by this ordinance before constructing any portion of the conduit or con¬ duits hereinbefore authorized, enter into an agreement in a form to be approved by the Mayor of the city of Baltimore, and with sufficient security, certified by the Comptroller and approved by the Mayor, to pay annu¬ ally to the Mayor and City Council of Baltimore, thirty cents for each lineal yard of the first four miles in ag¬ gregate lineal length of conduit or conduits, constructed under the provisions of this ordinance, and twenty cents per lineal yard for each succeeding mile or frac¬ tion of a mile of the aggregate lineal length of such ORDINANCES. 113 conduit or conduits exceeding such aggregate lineal length ot four miles; provided, however, that the annual payment so to be made in any year, accounting from the date of the approval of this ordinance, shall not be less than the sum of three thousand dollars, and shall also, before constructing any portion of such conduit or conduits, file with the City Commissioner a plan showing the location and character of the portion or portions of the conduit or conduits next proposed to be constructed ; and every such conduit or part thereof shall be constructed under the supervision of the said City Commissioner; and all paving which may be tem¬ porarily removed by the said companies in the course of the construction of any conduit or conduits author¬ ized by Section 189, shall be restored or replaced, under the direction and superintendence of the City Commis¬ sioner, by the companies or company constructing said conduit or conduits, and at their or its expense, in a manner satisfactory to said Commissioner. 192. In every under-ground conduit constructed under Ci fxo, *j6Ci 90i the provisions of this ordinance space shall be pro- Cable for use vided, if required, free of cost or rent, for the laying^, ^ therein by the Fire Commissioners of the city of Haiti- wires - more of a cable for the exclusive and official use only of the police and fire-alarm telegraph and police and patrol wires. 193. The said companies shall, before exercising any ibid., sec. 94 . privileges under Sections 90-93, enter into a bond in Bond, the sum of ten thousand dollars, with good and sufficient securities to be approved by the Mayor and Comp¬ troller, conditioned that the company or companies 114 ORDINANCES. exercising the privileges granted by this ordinance will faithfully perform the obligations imposed upon it or them, respectively, thereby. PERMITS FOR DIGGING UP STREETS. aty Code, 1893 , 1 94. No carter or other person shall dig, remove or Art. 48 , Sec. 106. carry away from or out of any of the unpaved streets, UnpaV streets. lanes or alleys of the city, any dirt, earth, sand or gravel, without a special license first had and obtained from the City Commissioner, with the approbation of the Mayor, for that purpose, specifying the time when and place from which the same is to be removed, under penalty. the penalty of one dollar for every load of dirt, earth, sand or gravel so removed. Ibid., Sec. 107. Paved streets. 195. No person or persons, corporation or corporations, shall dig up, tear up or uncover any of the streets, lanes or alleys of this city, or any part thereof, or remove therefrom any of the stones, bricks, blocks, cement or other material with which the same may be paved, in whole or in part, without having first obtained a permit therefor from the City Commissioner, approved by the Mayor. 196. No such permit as is provided for in the preced- mty \jOd6, lotioj Art.±8, sec. 108 . i ri g section shall be issued or granted at any time, unless for^rmTts 10118 a PPli can t or applicants seeking the same shall apply therefor in writing, and shall in such application con¬ sent and agree that the regrading and repaving of such portion of any street, lane or alley as may be torn up or otherwise disturbed under such permits, and any and all such other work as may be thereby necessary to ORDINANCES. 115 restore the said street to a proper condition, shall be done by the City Commissioner, at the expense of said applicant; the paving to be done at the cost of paving or repaving to the city for the same kind of pavement. 197. Any person violating any of the provisions of the two preceding sections shall be subject to a fine of twenty dollars for each day the same shall continue; said fines to be collected as other fines are collected for the violation of city ordinances. 198. No person or persons shall make, dig or throw up any drain, trench, gully, gutter or canal, in, through, along or across any of the streets, lanes or alleys of the city, without a special license or permission in writing for that purpose first had and obtained from the City Commissioner, specifying the time when and place where the same is to be done, and such conditions as he may think necessary, under penalty of ten dollars, if the same shall not be done in strict accordance with said permission, and the street, lane or alley kept in good repair as therein required, and the like sum weekly until the same be removed, or permission received and complied with as above required. 199. Any person or corporation upon whom the obli¬ gation may be imposed by any law or ordinance to keep in repair any part of any of the streets, lanes or alleys within the city, or to replace and restore in proper order and condition the bed or surface of any street, lane or alley, or any portion thereof which such person or corporation may, for any purpose, be licensed or per¬ mitted to dig up, displace or remove, and who shall Ibid , Sec. 109. Penalty. Ibid., Sec. llu. Trenches, drains and gulleys. Ibid,, Sec. 111. Penalty for failing to keep in repair or replace. 116 ORDINANCES. refuse or neglect to make sucli repairs, replacement or restoration, within three days after having been notified in writing by the City Commissioner to make said repairs, or to replace and restore in proper order and condition the bed or surface of such street, lane or alley, shall forfeit and pay the sum of twenty dollars for each and every case of such refusal or neglect; said fines to be collected as other fines and penalties for the viola¬ tion of city ordinances are collected. aty code, iso;, 200. Whenever any person or corporation whose duty Art. 48, Sec. 112. it shall be to keep in repair any part of any of the sio^er^maystreets, lanes or alleys within the city or to replace and make repairs at cost of party restore in proper order and condition the bed or surface bound there- x for - of any street, lane or alley which such person or corpor¬ ation may be licensed or permitted to dig up, displace or remove, shall neglect said duty after being notified in writing by the City Commissioner, as provided in the preceding section, and it shall appear to said Com¬ missioner that the condition of such street, lane or alley is attended with possible danger to persons passing over or using the same, it shall be the duty of said Commis¬ sioner forthwith to make such repairs as may be neces¬ sary, and when completed to collect the cost of making the same from the person or corporation through whose default or neglect the same may become necessary, and for said purpose he may, with the approval of the Mayor, cause suit to be instituted in the name of the Mayor and City Council of Baltimore, against such person or corporation. ORDINANCES. 117 VAULTS, AREAS AND CELLARS. 201. It shall be tlie duty of the police officers to give aty code, ism, information to the Mayor and City Commissioner, whenever any vault or area is being constructed in any fycity commis- of the streets of the city, within their respective dis- struction o f . , vaults and triCtS. areas. 202. All such vaults shall be constructed of stone or. . Ibid., Sec. 125. brick, agreeably to the directions of the City Commis¬ sioner, under the penalty of twenty dollars for each and of stone or ** Driok. every offence, and the further penalty of twenty dollars during each and every month, until the same shall be constructed according to the provisions of this sub-title of this article, to be paid by the person or persons who may cause or direct the same to be constructed. 203. The iron gates which shall be used to cover the Ibi d.,sec. 126 . apertures of vaults which are placed in the footways in Iron gates the several streets, lanes or alleys of the city, shall be su-ucted be con ' sunk not less than three inches below the surface of said foot pavements, and the same shall be securely covered by a wooden or stone frame, which shall be level with the surface of the said foot pavement, so as not to create any obstruction to walking or other proper use of said footways; and the said gates, so covered with wood or stone as aforesaid, shall be so constructed • ' as to be fastened inwardly, and the wooden or stone frame or covering securely fastened to the iron grates, so that the same may not come apart; and if any owner or occupier of property shall hereafter cause or permit any grate to be placed upon the foot pavement attached to his or her premises not constructed conformably to I 118 ORDINANCES the provisions of this section, he, she or they shall incur a penalty of ten dollars, and one dollar for each day it shall remain after notice given by the City Commis¬ sioner to alter, change or remove the same; provided, that the provisions of this section shall only apply to openings to vaults which project or are placed more than three feet from the building line of any street. * ♦ lono 204. The owner or occupant of any house or lot be- City Code, 1893, r ^ Art. 48, sec. 127 . £ ore w hich any vault or opening for cellar doors, areas precautions or steps is being constructed shall fence off the pave- against acci¬ dent, ment on the right and left of the improvement, and during the whole of every night whilst such vault or opening is uncovered or unenclosed cause a lighted lamp or lantern to be placed at some convenient spot, so as to cast its light upon such vault or opening, under the penalty of five dollars for each and every night or part of anight during which such lamp or lantern shall be neglected to be placed, kept or lighted as aforesaid. ibid., sec. 128 . 205. No person shall remove or cause to be removed Apertures to an y grate or covering to the opening or aperture of any closed whilsj vault in any of the streets of the city, without enclos¬ ing such aperture duing the time such grate or covering is removed, with a strong box or kerb, at least twelve inches high, and firmly securing the same, under a penalty of ten dollars for each and every offence. ibid., sec. 139 . 206. If any person or persons shall place or cause to obstructions be placed within the streets, lanes or alleys of the city, any dirt, lumber or other obstruction to the free egress or ingress through such street, lane or alley, and shall permit the same to remain more than twenty-four hours ORDINANCES. 119 after being notified by the City Commissioner or any of the police officers to remove the same, he, she or they shall be subject to a fine of five dollars for each day it shall so remain; and the City Commissioner is hereby Commissioner* authorized and empowered to remove, or caused to be removed, all manner of obstructions to the passage through the streets, lanes or alleys which he shall find remaining in the same an unnecessary length of time; and all expenses incurred shall be chargeable to the person or persons who shall violate the provisions of this section. 207. If any person shall cause any horse, mare or ibid., sec. no. gelding to stand in any of the streets, lanes or alleys Horses not to within the city limits whilst he is shoeing or preparing mademstreets, to shoe such horse, mare or gelding, or shall make any fire in any street, lane or alley, every such person shall forfeit and pay a sum not exceeding five dollars; pro- Pr0 viso. vided, that it shall and may be lawful for any person to kindle and use afire made of charcoal or coke on any street, lane or alley in the city for the purpose of pre¬ paring any article to be used in the construction of any house, cellar or pavement, if not more than one-fourth of the width of the street, lane or alley in front of the property to be improved be occupied, and for no longer time than six days at anyone place; and provided further, that the consent of the persons occupying all the property on the square on which the improvement is to be made be first filed in the office of the City Commissioner. 208. If any person or persons shall wilfully break, ste, ua. pull down, hurt or destory any tree or trees, or enclosure injury and * J j i destruction of around the same, which are now or may hereafter be Uees - 120 ORDINANCES. planted near the kerb or gutter of any of the streets, lanes or alleys of the city, or in any other public grounds within the city, such person or persons so offending shall forfeit and pay five dollars for every such offence; provided always, that nothing herein contained shall be so construed as to prevent the City Commissioner from removing any tree or trees, or part thereof, which he may deem so situated as to obstruct the carriage or footways, or injure any of the public pumps, or any proprietor of a lot or lots from cutting down any tree or trees near the gutter in front of his or her lot or lots. aty code, 1893 , 209. It shall not be lawful for any person or persons Art. 48, Sec. 1576. ^ * * to have, keep or maintain upon any street, lane, alley Certain arti¬ cles not to be or other public place within the limits of this city any kept upon and any and all such other work as may, in the judg¬ ment of the City Commissioner be rendered necessary to restore the said street, lane or alley to a proper con- dondition, shall be done by the City Commissioner at the expense of said applicant; and if said application is for a permit to erect one or more hitching posts or tele- graph, telephone, electric light or other poles of any description whatsoever, the person or persons, corpora¬ tion or corporations, applying for the same, shall in said application further consent and agree that such hitching posts, telegraph, telephone, electric light or other pole or poles shall be placed in such position or positions as the City Commissioner may designate, and that the location of such hitching post or telegraph, telephone, electric light or other pole or poles, shall be changed at any future time to such other position or positions as the Mayor for the time being shall desig¬ nate; and that if the Mayor and City Commissioner for the time being, shall at any future time order said hitching posts, telegraph, telephone, electric light or other pole or poles, or any of them, to be taken down, that the same shall be removed within three days, and that the cost of any change in location or of taking • down and removing said hitching post, telegraph, tele¬ phone, electric light or other pole or poles, including the cost of any repairing of the bed of the street thereby rendered necessary, shall be borne by the applicant or applicants for the said permits. * ORDINANCES. 123 214. If any person or persons, corporation or corpor- city code, ations, shall violate any of the provisions of the two AUAH > ,SecAb ’ Jg - preceeding sections, either directly or through any ein- violation of ployee, servant or agent, he or they shall be subject sections. & to a fine of not less than twenty nor more than fifty dollars for each day the same shall continue, said fines to be collected as other fines are collected. Grades of Streets. 215. The grades and lines of all streets hereafter to 0rd . no . m. be opened or established in the Twenty-first and Twenty- second wards of Baltimore city shall be made to con¬ form to the requirements of the Topographical Survey, now in course of preparation, under the provision of an ordinance of the Mayor and City Council of Baltimore. BRUSH ELECTRIC LIGHT COMPANY. 216. The Brush Electric Light Company of Baltimore City Codet 1893> City, a body corporate, duly incorporated according to - ,r2 - 48 ” Stx - 182 - law, its successors and assigns, is authorized to con- carafelinear struct, operate and erect lines of wires for illuminating^ 11 es ‘ purposes, and for all other purposes to which electricity or magnetism may be applied, above ground, or lay them under ground, or in pipes or otherwise, over, under and along the streets, squares, lanes, alleys, bridges and waters of the city of Baltimore, and to construct, main¬ tain, repair and remove, from to time, all such lines and pipes; provided, however, that in tlie construction, maintenance, removal and repair thereof, the said corporation, its successors and assigns, shall be at all times subject to, and be entitled to the benefit of all 124 ORDINANCES. the ordinances of the said city, providing for the con- conditions. deiiination, construction, maintenance and repair of telegraph poles and lines therein ; provided, always, that the said company shall not in any manner injure or displace any of the pipes laid, or to be laid, for the purpose of supplying water to said city, or any of the pipes then or thereafter to be laid by any company incorporated under the laws of this State with power to lay pipes in said city; and provided also, that the said company shall immediately after erecting or re¬ moving any poles, or laying, repairing or removing any wires or pipes aforesaid, and always within two days after being thereto required by the Mayor or City Commissioner, cause to be tilled up, repaired and re¬ paved in like good order, at the expense of said com¬ pany, every such street, or part of a street, square, lane, alley or bridge, as the company may find it necessary to dig, impair or unpave, for the purpose of laying, altering, repairing, renewing or removing any pole or poles, wire, pipe or pipes aforesaid; and if the said company shall omit or neglect to fill up, repair or re¬ pave any such street, square, lane, alley or bridge, or any part thereof, as aforesaid, for the space of two days after the time which shall be limited by the Mayor or City Commissioner in his notice, the said company shall for every such omission or neglect, forfeit and pay to the use of said city, such sum not exceeding twenty dollars, as any justice of the peace for said city shall adjudge, on a warrant to be issued in the name of the Mayor and City Council of Baltimore against the presi¬ dent and directors of the said company; and also the sum of five dollars, to be recovered as aforesaid, for every day the said company shall neglect or refuse so ORDINANCES. 125 to do, after issuing tlie first warrant for the recovery of the penalty of twenty dollars, or less, as aforesaid. 217 . The refilling, repairing and repaving, required Cit u code, 1893, ■Avt. 48. See* 183. to be done by the provisions of the preceding section, Approval of shall be subject to the approval of the City Coinmis- city commis¬ sioner ; and if the said company shall refuse or neglect, after five days’ notice from him, to do said refilling, repairing and repaving, in such manner as he may ap¬ prove, he may cause the same to be done, and recover the expense thereof from said company by suit in the name of the Mayor and City Council of Baltimore against said company. SURVEYOR. 218 . Whenever the City Commissioner shall, in pur - cu y code, 1893, suance of the several duties required to be performed AlLi% &ec ' by him, under the provisions of the several ordinances Dutle9 of the city of Baltimore, contained in Article XLVIII, Streets and City Commissioner, or of any other ordi¬ nance which may hereafter be passed, regulating the duties of said City Commissioner, require the services of a surveyor, it shall be the duty of the said City Surveyor to do and perform all such acts appertaining to the business of a surveyor as may be reasonably required of him by the said City Commissioner, for which services he shall b,e entitled to and shall receive compensation as fixed in the table of rates contained in the fifth section hereof, and which compensation shall be collected in the manner now provided for in the several ordinances hereinbefore referred to, or which may hereafter be passed by the Mayor and City Council of Baltimore. 126 ORDINANCES. 219. The compensation for the duties performed by atycode.im, the City Surveyor under this article shall be as fixed by the following table, viz : Fees and ° J charges. For surveying and establishing the lines of a lot, eight dollars. For a plat of the same, three dollars. For surveying and establishing from two to ten ad¬ joining lots, each five dollars. For a plat of the same, each two dollars. For giving the line of a street in front of a building, five dollars. For establishing the grade of any street, one square, five dollars. For all over one square, each three dollars. For profile of same, for each square, five dollars. For paving plat, each square, five dollars. For condemnation and benefit plats furnished to the Commissioners for Opening Streets, the rates shall be as follows : * For a distance as shown on the benefit plat not exceed¬ ing two squares, for every front foot ordered, five cents. For a distance, as above, more than two and not exceed¬ ing four squares, for every front foot ordered, three cents. For a distance, as above, exceeding four squares, for every front foot ordered, two cents. For the damage plat he shall be allowed for his own services ten dollars per day while engaged on it, and also an additional allowance of two dollars and fifty cents per day for each assistant; provided, that in opening any street designated on Poppleton’s plat, there shall not be allowed (on said damage plat) more than one day to each square to the Surveyor and his assistants, unless the bed of the street to be opened be obstructed by improvements. p ORDINANCES. 127 220. All records, memoranda, plats and field notes aty code, i89». ’ ^ Art. 49, Sec. 7. herein mentioned shall at all times be subject to the in- Inspectlon of spection and examination of the Mayor, the members ws records, of the City Council, the City Commissioner, the Com¬ missioners for Opening Streets, the Counselor, Solicitor and Examiner of Titles, the Comptroller and the Regis¬ ter of the City; but every other person, after the ex¬ piration of twelve months from the time of the deposit of any record, memoranda or plats in said office for such inspection, shall pay to the City Surveyor, for the use of the city, the sum of twelve and a half cents; and it shall be the duty of the City Surveyor to furnish a copy of any record in his office to any person requir¬ ing the same, on the payment of ten cents for every one hundred words embraced in such copy. TAXES. 221. Whenever any tax that has been assesed by the aty code , 1893 , . Art. 50. Sec. 53. City Commissioner for paving any street, lane or alley, or any part thereof, in the city of Baltimore, shall have paving tax. remained unpaid for the space of four months after said paving has been completed, for which the assess¬ ment was made, the collector is hereby authorized and required to proceed to enforce payment thereof as herein provided for the collection of taxes in arrears on real estate. 222. tn all cases where a tax shall be assessed foi* 1QOQ City Code, 1893, paving or repaving any street, lane or alley as afore- ArL 50 ’ Sec - 55 - said, which it is hereby made the duty of the collector in ^® t8 b * 0 c je to collect, the City Commissioner is hereby authorized Commi8Sioner * to have a plat made out of the property, giving the 0 128 ORDINANCES. width of the front, depth and full description of each lot of ground on which said tax has been assessed, which tax shall he a lien on the property taking prece¬ dence of all other liens, except for other taxes previously assessed and binding upon each and all interests in said property; which taxes the said collector is hereby directed to collect, as herein provided for the collection of taxes in arrears on real estate. „ „ , 223. The collector on receiving the full amount of Art. 50 , Sec. 57 . purchase money for sales of property made in conse- cnasers t0 pur 'Q. uence °f opening streets, lanes or alleys as aforesaid, shall execute a deed of conveyance in favor of the pur¬ chaser or purchasers, which deed shall convey a fee simple or leasehold estate, as the case may be, in and to such property; and after deducting the cost of sale, advertising and other necessary expenses, he shall pay the balance of the purchase money to the Register of the City, who shall pay over the same to the person or persons entitled thereto, first deducting the sum, if any, assessed as benefits to said person or persons; the pay¬ ment to be made on demand without interest. 224. After the City Commissioner shall have issued Ibid., Sec. 58. liis warrant approved by the Mayor, to the collector, send out pav- for the collection of any tax or assessment for the pav¬ ing tax bills. ing or repairing of footways, which tax shall be a lien on the lot or lots in front of which said paving or re¬ pairs have been made, and shall have also delivered to the collector a list of the names of the person or per¬ sons by whom the taxes or assessments are due, with the amount due by each, it shall be the duty of said collector, and he is hereby required to deliver bills of ORDINANCES. 129 tlie same to said person or persons, with a notice that if not paid within thirty days thereafter, he will pro¬ ceed to collect the same in like manner as herein pro- vided for taxes in arrears on real estate. 225. All persons and corporations having, using or c ^' c / ,de - ^ maintaining any telegraph, telephone, electric light or other poles, in any of the streets, lane or alleys of the JoS« ap ii et -fc city of Baltimore, shall, annually between the fifteentli poles to day of May and the first day of June, in each and every missioned ,om " year, file with the City Commissioner a list of all such poles so used, possessed or maintained by them, giving the accurate locations of each of such poles, and shall also have stamped, painted or printed, in legible char¬ acters, their name as owner upon each of such poles. 226. All telegraph, telephone, electric light and other poles in any of the streets, lanes and alleys of the city of Baltimore, (except trolley poles used exclusively for p° lesnotlig tea. stringing thereon wires for use in the propulsion of street passenger cars), which have not been included in any list filed in accordance with the first section of this ordinance, with the City Commissioner, or upon which the name of the owner is not legibly painted, printed or stamped, or upon which the above-mentioned license fee has not been paid, or on which the above prescribed tin plate is not securely fastened in some conspicuous place, on or before the fifteenth day of June in any year, shall be forthwith removed by its owner, and in default Default, thereof may be cut or taken down by the City Commis¬ sioner and removed from the streets by him, in addition to the said owner incurring the penalties provided in the next succeeding section. 130 ORDINANCES. ■aty code , 1893 , 227. Any person or persons, or corporation using, Art. 50, Sec. 78. possessing or maintaining any telegraph, telephone, list of poles electric light or other poles in any of the streets, lanes missioned and alleys of the city of Baltimore, who shall fail to file with the City Commissioner, as prescribed in Section 74, a list of said poles, or who shall fail to have stamped, printed or painted in legible characters, his or its name as owner upon each of such poles, as prescribed in said penalties. g ec ti ori 74 ^ by the fifteenth day of June of each and every year; or who, if belonging to the classes required to pay a fee of two dollars on each pole by Section 75, shall fail to pay the said fee or shall fail to have the tin plate therein prescribed securely fastened in some conspicuous place by the said fifteenth day of June of each and every year, upon all such telegraph, telephone, electric light or other poles so used, possessed or main¬ tained by him or them, shall forfeit and pay a fine of ten dollars for each pole upon which he, they or it are so in default; such fine to be collected as other fines and penalties for the violation of city ordinances are collected. Ord. No. 89 , 228. Nothing contained in the sections of this arti- App.Mayi8,i8$i. c i e ^ f rom numbered 225 to that numbered 227, to^Hypoies^ 7 inclusive, shall be deemed or held to apply to any pole bearing a public lamp or lamps used to light any street, lane or alley, or other public place in the city. WATER. aty code , 1893 , 229. In all cases where the Water Board or any of J their agents or workmen shall take up the pavement of WaterBoard, for the purpose aforesaid, and shall not repave the same City Commis¬ sioner shall in a reasonable time, at the discretion of the City Corn- repair and re- 111 issioner, the said Commissioner shall give notice to repair pave ORDINANCES. 131 the said Board to have same immediately repaired; and if the Board refuse or neglect to have it done, the City Commissioner shall proceed to have it repaired at the expense of said Water Board. 230. It shall not be lawful for any person or persons, city code, 1893 , company or corporation, to remove any of the stone or 4 v ' brick pavements of the city for the introduction of remote 11 S.lve- water-pipes without permission from the Water Board, sary ta and the replacing of said pavement to be under the superintendence of the City Commissioner, at the ex¬ pense of the party removing the same; and any person or persons, company or corporation, who shall violate this section, shall forfeit and pay a fine of twenty dol¬ lars, to be applied as provided in Section 45 of Article 54 of the City Code. 231. In all instances where the pavement of any Ibid ^ Sec , 31 . street, lane or alley, which may have been heretofore Water Board or may hereafter be opened or dug up by said Water ments a aug P Sp?* Board, has not, in the judgment of the City Commis¬ sioner, been well and effectually repaved, the said Water Board, being informed thereof in writing by the said Commissioner, shall forthwith proceed well and effectually to repave the same, and the expenses thereof shall be chargeable to and paid by the said Board. 232. Whenever it becomes necessary to pave, repave Ibid , t S6C , 32 . or repair any street, lane or alley in the city of Balti- Water slop8 more, it shall be the duty of the paver or contractor to £ streSS?o p S m&r&Gd distinctly mark by three bricks on edge, or iron box, all Water-stops of private water-pipes leading from the city’s main pipes to the property opposite to which the 132 ORDINANCES. Penalty. City Code, 1893, Art. 54, Sec. 33. Water stop covered by pavements to be marked. stop may be found. He or they so offending shall for¬ feit and pay for each and every neglect the sum of ten dollars, to be paid to the Register for the use of the- Water Department. 233. It shall be the duty of the owners of property,, plumbers, bricklayers, or other person or persons, in paving or repaving the side walks, yards or alleys, to distinctly mark by three bricks on edge, or iron box,, the water-stops that may be covered by said paving or repaving, under a penalty of ten dollars for each and every neglect of the same; to be paid to the Register for the use of the Water Department. ADDENDA. Ordinance No. 36, approved April 20, 1895, authorizes the construction of railway tracks in certain portions of Edmondson avenue, Calverton road, Franklin street, Monroe street and Saratoga street, to a point east of Fremont street and west of Howard street, by the “ Edmondson Avenue, Catonsville and Ellicott City Electric Railway Company” and “ The Baltimore Trac¬ tion Company.” SEC. PAGE. ACCOUNTS, system of. 29 39 ADVERTISEMENT for proposals for grading, etc. 153 97 Of apportionment of cost of paving. 154 98 Of property charged for paving, etc.*.. 156 99 To be published in German newspapers.. 14 33 For proposals for sewer work. 109 79 Of application to grade and pave. 121 84 ALTERING grade of street upon certificate of Board of Health. 28 23 ANNUAL Reports. 1, 171 29, 105 ANNEX, bridge in. 35 20 Grades of streets in. . 3G, 37 27 APPEAL, Commissioner to fix expenses of. 178 107 T<3 Mayor from Commissioner. 176 106 From decisions as to paying costs, etc. 156, 158 . 99, 100 APPELLANT to file bond to pay cost of appeal. 177 107 APPORTIONMENT of cost of paving. 154 98 APPLICATION for digging up streets. 196 114 ARTICLES, certain, not to be kept on the streets. 209 120 ASPHALT, Bermuda and Trinidad. 116 81 ASSISTANTS to City Commissioner.{ 108 BALTIMORE street, where tracks not to be laid. BARCLAY street, where tracks not to be laid.. BALTIMORE & Powhatan Railway. BALTIMORE & Randallstown Railway. BALTIMORE & Canton & Point Breeze Railway. BALTIMORE & Lehigh Railroad. BALTIMORE & Peabody Heights & Waverly Railway.. BALTIMORE Belt Railroad. BALTIMORE, Pimlico & Pikesville Railway.. 4 10 4 10 72 56 71 56 67 55 55 51 74 57 53, 54 50, 51 68 55 136 INDEX. SEC. PAGE. BALTIMORE & Potomac Railroad. 49 48 BALTIMORE and Yorktown Turnpike. 78 59 BALTIMORE Traction Company, (Addenda). 133 BELGIAN block, dimensions. 184 109 BIDDLE street, where tracks not to be laid. 4 10 BIDS, opening. 17 34 BOLTON lot. 85 62 BOND of sewer contractors. 110 79 Of City Commissioner and Assistants. 165 103 Conditions in, of contractors. 19 34 Of contractors, secuiity.. 18 34 Of telephone company using conduit. 193 113 Of contractors for paving, etc. 136 90 BLOCKS, Belgian, dimensions. 184 109 BRIDGES, repairs of. 180 108 In Annex. 35 26 And turnpikes, power of city to purchase. 34 26 BROADWAY, where tracks not to be laid. 2 10 BRUSH Electric Company. 216, 217 123, 125 C CABLE for police wires in conduits. 192 113 For fire-alarm wires in conduits. 192 113 CALVERT street, where tracks not to be laid on . 2 9 CAROLINE street, where tracks not to be laid on. 6 11 CATHEDRAL street, where tracks not to be laid on... 2 9 CENTRAL Railway. 63, 64 54 CHESAPEAKE and Potomac Telephone Company, to put wires in conduits. 189 111 CITY Commissioner, duties of. 167, 169 104 CITY Commissioner’s Clerk. 168 104 CITY Surveyor.218, 219, 220 125 to 127 CITY Passenger Railway . 60, 61 53 CITIZENS’ Railway. 62 53 CITY and Suburban Railway. 77 58 CLERK to City Commissioner. 168 104 COLLECTION of tax for paving, etc. 126, 127 86, 87 COMMISSIONER to direct expenditures.. 170 105 COMPTROLLER to examine all contracts made by city. 21 35 To withhold warrant in certain cases. 4 30 COMPENSATION, no extra, to contractors. 13 32 ■ r INDEX. 137 SEC. PAGE. CONDUITS, payment for use of. . 191 112 No exclusive rights to. 190 111 Telephone wires to be put in. 189 111 For telephone wires. 32 24 CONDITIONS in bonds. 19 34 CONTRACTORS, no extra compensation to. 13 32 Not to be paid in full for two years. 138 91 Bonds. 18 34 CONTRACTS for supplies under $200. 20 35 For city work, advertised. 15 33 How awarded. 16 33 For paving, etc. 122 84 City officials not to be interested in. 12 31 CONSTRUCTING sewers, power of city. 7 12 CROSS streets, paved at expense of city.;. 133 89 ID DEPARTMENTS to report indebtedness. 2 29 DIGGING up streets without permit, penalty. 194, 195 114 Unpaved streets, removing dirt, etc., from.. 186, 195 109, 114 DISBURSING hours of officers. . 30 40 DOCUMENTS, how headed, of department. 173 105 EDMONDSON Avenue, Catonsville and Ellicott City Railway (Addenda). EDMONDSON Avenue, Catonsville and Ellicott City Railway. ELECTRIC light poles, permit for. Removal of. Tax on. Lists of, to be filed. ELECTRIC Storage Company. EMPLOYEE of city to drive own cart. EMPLOYEE of city to drive own horse. EMPLOYEES of city, hours of labor. ENTRY for repairing sewers. EUTAW street, where tracks not to be laid. EXPENDITURES to be directed by Commissioner. EX EE DING appropriation by officer. EXTRA compensation, none to city contractors. EXCAVATIONS, filling up ..'.. 133 80 60 213 121 213 121 227 130 225 129 79 59 8 30 8 30 1 9 179 108 5 11 170 105 3 29 13 32 187 110 138 INDEX. IF 1 ' SEC. PAGE. FAILURE to keep streets in repair, penalty. 199 115 FENDERS on cars. ! . 84 61 FILLING excavations. 187 110 FIRE-ALARM cable in telephone conduit. 192 113 FLAG-STONES. 182 108 In paving contracts... 128 87 FOOT WAYS, care of. . .. 140 to 143 92 to 94 Tax for. 144 94 Money for collection of. 145 94 Grading and paving. 27 22 Stone paving of. 149 95 < 3 - GAS Companies, trenches of . 185 109 Pipes, power of city to regulate. 31 24 Tar into sewers. 115 81 GATES, iron, how to be constructed. 203 117 GERMAN newspaper, advertisements in... . 14 32 GOUGII street, where tracks not to be laid. 2 9 GRADES of streets and Topographical Survey......... 215 123 Opinion of City Solicitor. 124 85 Application for fixing. 118 82 Establishment of. 119 83 On request of property owners. 120 84 In Annex. 37 27 Power to change grade line. 18 18 GRADING when paid for in levy. 161 101 GRAVEL.. 120, 121 84 GUTTERS regulated. 140 92 GUTTER-PLATES, stamp on..... 188 110 H HALL’S Springs Railway. 65 54 HIGHLANDTOWN & Point Breeze Railway. 66, 77 55, 58 HORSES not to be shod in streets. 207 119 HORSE and cart employed by city, owner to drive. 8 30 HOURS of labor for city employees. 1 9 INDEX. 139 IMPROVED pavements to be guaranteed for five years. 23 INDEBTEDNESS, departments to report.. 2 INJURY to public work. 181 INSPECTION of contract work. 131 Of footways. 148 IRON gates, how to be constructed. 203 PA OK. 30 29 108 88 95 117 J JONES’ Falls. 34 Threat of flood in..;. 30 Property near, to be walled. 37, 38 Vessels entering.39,40,41 41 42 43 44, 45 KERB stones not required on narrow streets . 129 KERB1NG on application of property owners. 120, 121 Opinion of City Solicitor. 124 On narrow streets. 129 Set in sand. 130 LABOR, hours of, for city employees. 1 LAMPS to be put on piles of bricks, etc. 180 LANDMARKS. 174 LAW officers to give opinion on proceedings taken by City Commissioner. 124 LINES of streets. 174 To be established before houses are built... 175 MANUFACTURERS of city given preference.. 22 MATERIAL, old, to belong to city. 23 MAYOR may sign petition for paving. 132 McCULLOII street where tracks not to be laid. 2 MEASUREMENTS of work to be done. 1GG MECHANICS to be paid weekly. 22 Of city given preference. 22 87 84 85 87 87 9 109, 110 105 85 105 10G 35 3G 89 10 103 35 35 140 INDEX. SEC. MOSAIC pavement. 117 MOUNT Royal avenue, where tracks not to be laid. 2 NICHOLSON pavement. 163 NORTH Avenue Electric Railway. 73 NORTH Avenue Railway. 09 NORTH Baltimore Passenger Railwav. 74 NORTH Baltimore Railway... 70 NORTH avenue, bed of, treated as any other street...... 33 NOTICES to parties charged for paving, etc. 157 NOTICE, sixty days’, of application for passage of or¬ dinance to open street. 16 Thirty days before Commissioner executes ordinance opening street. 17 O OBSTRUCTIONS in streets. . OFFICE under city, only one to be held. OFFICER of corporation exceeding appropriation per¬ sonally liable... .. Of corporation contracting for city work without authority personally liable. Of corporation to be notified when personally liable.... OLD material to belong to city.. ONE office only to be held under city. OPENING streets, sales in consequence of. Who deemed owner on application to open streets. ORDINANCES as to paving. OWNER, who deemed on application to open streets. .. 206 7 3 23 152 PAVED streets, digging up. 195 PAVEMENTS, improved, to be guaranteed. . 23 Asphalt... 116, 117 Belgian ....’.. 184 Mosaic. 117 Solicitor’s opinion. 124 Rubble. 130 PAGE. 82 9 102 57 55 57 56 25 100 17 17 118 30 29 29 30 36 30 128 21 96 21 114 36 81, 82 109 82 85 87 INDEX. 141 SEC. PAGE. PAVING streets on application of property owners. 120, 121 84 Streets, levying assessment for. . 21 20 Streets, when paid for by city. 101 101 PAVING, grading, etc., advertisement for. 153 97 Along Jones’Falls... 34 41 PAYMENT of contractors for paving. 120 80 For grading... .. 120 80 For kerbing. 120 80 PEOPLE’S Railway. 75 57 PEOPLE’S Passenger Railway. 75 57 PERMITS for digging up streets. 194 114 For digging up paved streets. 195 114 For tearing up streets and erecting poles, etc. 213 121, 122 PHILADELPHIA, Wilmington & Baltimore Railroad. 50 49 PLATS of property assessed for paving, etc... 155 99 From Topograpical survey for City Commissioner’s office. 25 37 POLES and posts, permits for. 213, 220 j ^ Removal of. 213 121 , 122 Tax on. 225 129 Lists of, to be filed. 227 130 POLICE cable in telephone conduit. 192 113 POWER of city to open streets. 15 15 PRIVATE alleys, repairing. 183 108 Streets, repairing. 183 108 Wharves, repairing. 183 108 Docks, repairing. 183 108 PRIVILEGES, payment for use of conduit. 191 112 PROCEEDINGS in constructing sewers. 9 12 PROPERTY owners’ option as to paving. 163 102 May obtain regrading. 134 89 May obtain rekerbing. 134 89 May have private contract for paving, etc. 135 90 Duty as to footway. 141, 143 92, 93 Failing to pave footway. 147 94 Required to alter grade. 151 95 PUBLIC work, injury to, penalty. 181 108 142 INDEX. JEl SEC. PAGE. RAILROAD tracks, city’s power to regulate. 31 24 Not to be laid on certain streets.,.. 2 to 0 9 to 11 RAILROADS. 42 to 55 45 to 51 Paving between rails. . 42, 43 45 Construction of. 44 40 Obstructions of. 45 46 Repairs of streets by ... 82, 83 60, 61 RE-ENACTMENT of railway ordinances... 81 60 REFUNDING unused paving tax. 162 102 REFUSE material, duty of Commissioner as to. 27 38 To be sold by Comptroller. 26 38 Account of, to be kept by Comptroller. 26 38 REGISTER to notify officers when they become per¬ sonally liable to city.. 4 30 REGISTERED voters only to be employed by city. 5 30 REPORT, Annual, of Commissioners. 1, 171 29, 105 REPAIRS of streets by railways. 82, 83 60, 61 REPAIRING sewers. 179 • 108 Brid’ges. 180 108 Docks, private. 183 108 Alleys, private. 183 108 Streets, private. 183 108 Wharves, private.'. 183 108 REPAVING streets, failure to penalty. 199 115 Commissioner to do work at cost of party failing...... 200 116 RUBBLE-STONE. 130 87 S ST. PAUL street, tracks not to be laid on. 2 9 SALARIES not attachable. 6 30 To be paid monthly. 6 30 SAND for kerb setting, etc. 129 88 SETTING aside paving ordinances, etc . 159 100 SEWERS, advertisement for proposals for constructing 109 79 Bonds of contractors for. 110 79 Obstructing. . 8,111 12,79 Entry for repairing. 7, 179 12, 108 Constructing, etc. 9 12 Tapping. 112 79 Private. 113,114 80 INDEX. 143 SEC. Gas tar into. 115 Opinion of Solicitor. 124 City’s share of cost. 13 Benefits assessed. 10 Notice given before passing ordinance. 11 Notice after passage of ordinance. 12 SEWER west side Jones’ Falls. 35 SEWER commission constituted. 8 G Oath of.. 87, 88 Clerk. 89 Assessments by.90,91,92 Advertisements by. 93 Proceedings of. 89 Appeal from. 94, 95 Transfer of returns to collector. 95 Sales. 9G Lien of assessments by. 99, 100 Temporary member of. 101 To close proceeding in 90 days. 102 To discriminate leasehold and fee . 104 To remove obstructions. 105 Per diem of . 10G Papers to be deposited with Register. 107 SIDEWALKS to be unobstructed... 210 SKILLED labor, how obtained by Commissioner. 11 To be employed by Commissioner.. 9 Preference to registered voters. 10 SOLICITOR, City, opinion on paving, grading, etc. 124 SPEED on railways. 79 STAMP on gutter-plates. 188 STEAM railways. 48 to 55 STEPPING-STONES . 182 STREETS in Annex..14, 37, 3G Digging up. 186 Lines of. 174 Obstructions in. 206 Opened, public highways. 22 Work, statement on. 172 Repairing. 82, 83, 200, 19G, 199 Grades of.18, 118, 119, 120 Paving.21, 120, 121, 152 PAGE. ' 81 85 14 14 14 14 42 G4 64, 65 65 66, 67 70 65 72, 74 74 74 . 75, 76 76 77 .77 77, 78 78 78 120 31 31 31 85 59 110 47 108 15, 27 109 105 118 21 105 / 60, 61, 1114, 116 18, 83, 84 20, 84, 96 144 INDEX. SEC. PAGE. Advertisement for. 153 97 Pavements.116, 117, 130 81, 82, 87 Opening. 15 15 STREET passenger railway, sand on track. 59 52 Crossing of bridges by. .56 51 Repairs to streets by.. 57, 58 52 SUPPLIES, contracts for, under $200 not to be adver¬ tised . 20 35 Copy of order for to be kept. 32 41 Paid for only on written order. 32 41 SURVEYOR, City. 218 125 SURVEYS for sewers. 108 - 78 T TAX for paving, kerbing, grading, etc.125, 126,127 85, 86, 87 TAXES for paving... 221 127 Plat of property taxed. 222 128 How collected. 224 128 Ompoles. 255 129 TEARING up streets, penalty. 212 121 TELEPHONE wires to be laid in conduit. 189 111 TEN per cent, on contracts to be retained... 23, 138 36, 91 TOPOGRAPHICAL Survey. 24 37 TRACKS of railways not to be laid on certain streets... 2 to 6 9 to 11 TRACTION Company. 62 53 TREES, injury to. 208 119 TRENCHES not to be laid without permit. 198 115 Of gas companies. 185 109 TURNPIKES in city may be ceded. 29 23 In city may be purchased. 30 24 And bridges, power of city to buy. 34 26 TT UNCOMPLETED contracts, annual report of by Comp¬ troller. 21 35 UNION Railroad. 51 49 UNION Passenger Railway. 76, 77 58 ■v VAULTS, police to notify Commissioner of Construction. 201 117 To be of stone or brick. 202 117 INDEX. 145 SEC. PAGE. To be enclosed. 204 118 VOTERS, registered, only to be employed. 5 30 When other than registered, to be employed. 10 31 t WARRANTS, how to be headed. 173 105 WATER Board and pavements..229 to 231 130, 131 WATER stops to be marked. 232, 233 131, 132 WESTERN Maryland Railroad Terminal. 52 50 WESTERN Maryland Railroad. 52 50 WESTERN Maryland Tidewater Railroad. ,*>2 50 WIIARVES and streets, private, how paved... 26 22 WILLFULLY stopping up sewers, penalty. 8 12 WORK done on streets, statement of. 172 105 WORK, hours of, for city employees. 1 9 WRITTEN order for work and supplies. 31 40 YORK Road.. 78 59