OF THE UNIVERSITY or ILLINOIS 352..0769 F ©5 or l©9| ORDINANCES, Qf^arter ai^d l^avi/s FOR THE GOVERNMENT OF THE CITY OF FRANKFORT, KENTUCKY . Ordinances approved December ist, 1890, and in force from and after that date. FBANKFORT, KY.: GEO. A. LEWIS, PRINTER. 1891. CONTENTS. Enacting clause 1 Ordinances 1 New charter . . . 124 Appendix 156 Index to Charter 217 Index to Acts 228 Index to Ordinances 227 35J?. C'76‘=l f 2 Gaij I OFFICERS OF THE CITY OF FRANKFORT. LEWIS MANGAN, Maijor. JOS. T. STATEN, President Board, of Councilmen. FIRST WARD. BOARD OF COUNCILMEN. SECOND WARD. THIRD WARD. J-. W. PAYNE, JOS. T. STATEN, N.F. RICHARDSON, G. T. CHURCH, ri) ROBT. PARSONS. GEO. C. SHx\W. JOHN L. TOBIN, JAS. S. DARNELL, W. T. GAINES. FIRST WARD. U. V. WILLIAMS, H. T. STANTON. SCHOOL TRUSTEES. SECOND WARD. THIRD WARD. W. T. READING, JASON M. CASE, ^ G. T. BLACKLEY’. J. M. WAKEFIELD. POLICE AND FIRE COMMISSIONERS. JAS. W. HEFFNER, M. H. P. WILLIAMS, Sr., JOHN W. GAULT, W. T. FLYNN. CITY OFFICERS. CHAS G. PAYNE, Clerk. HUGH GAINES, Treasurer. W. H. SNEED, Police Judge. M. H. P. WILLIAMS, Jr., Marshal, J. S. McGILL, A.ssessor. AY. C. HERNDON, 0?'^^ A R. A. FRAZIER, Street Com’r. B. B. JEFFERS, Chief of Police. .-rj c POLICEMEN. HENRY BROWN, GEO. SMITH, PERCY SMITH, ^ D. RICHARDSON, FRANK EGBERT, H. ^VHITTINGTON. ^ CHAS. STEPHENS, MACK PHYTHIAN, ^ CHIEF FIRE DEPARTMENT. RICHARD FERGUSON. EDML\RD TAYLOR, Hydrant Man. JAS. SMITH, Pipeman. Y ’ HARRA^ McEMHNG, DYirer ^86 II%on. ^ FRED. L. GORDON, Driver Hook and Ladder Wagon. ^ BRIDGE-KEEPER. KEEPER WORK-HOUSE. JOHN GLORE. BEN MORRISON. V'^ CITY PHYSICIAN. G. ML CHINN. i iZiOi* ENACTING CLAUSE. Office of Board of Councilmen, \ City of Frankfort, Ky., v December 1, 1890. ) Resolved, That the Ordinances, Rules and Regulations for the government of the cit}^ of Frankfort, from Ordinance No. 1 to Ordinance No. 54, inclusive, be, and they are hereby, adopted and confirmed as they appear in the printed copy thereof. The Mayor and Clerk are directed to certify a copy of said Ordinances, and attach the same to the recorded proceedings of the Councih The said Ordinances shall be in force from and after this date. LEWIS MANGAN, Mayor City of Frankfort. Attest: Chas. G. Payne, Clerk B. C. C. F. ORDINANCES, RULES AND REGULATIONS, FOR THE GOVERNMENT OF THE CITY OF FRANKFORT. ENACTING CLAUSE. Be it ordained by the Mayor and Board of Councilmen of the City of Frankfort, Tliat from and after tlie first day of December, 1890, the following shall constitute the Ordinances, Rules and Regulations for the govern- ment of said city, upon all subjects embraced therein; and all Ordinances, Orders, Rules, By-laws or Regula- tions, or any part thereof, in conflict therewith, are hereby repealed. OI^OJiVAXCB Ao. 1. ANIMALS. § 1. Any person who shall, in an}" street within the city, run, race, or gallop a horse, mule or ass, or start one for that purpose, or turn loose one that is bridled or saddled, or who shall, in any street or open lot within the city, put a stud-horse or ass to a mare or jennet, or use one as a teaser, or permit the same to be done, shall be flned for each offense ten dollars. Any person who shall show any stud or jack in any public place within the city, without the permission of the Mayor, shall be flned three dollars. § 2. The owner or controller of any bitch dog, who shall permit her, when proud or rutting, to run at large within the city, shall, for each offense, be. subject to a fine of ten dollars. Each and every day such bitch may be permitted to so run at large when proud shall be held a separate offense. The owner of such bitch $10 fine to run horse or turn one loose, or put one to mare. $3 fine to show stud without consent of May- or. SIO fine to per- mit proud bitch to run at large. Each day sepa- rate offense. 2 ANIMALS. Owner to be no- tified by Mar- shal. Cmelty to ani- mals. Fast riding or driving. Leaving team mihltched. Vicious dogs. Barking dogs. shall be promptly notified by the Marshal or Policeman; and if he fail to confine her immediately, or if no owner can be found, such bitch shall be killed by the Marshal or Policeman. § 3. Any person who shall beat or otherwise injure a horse or other animal in an immoderate, cruel or un- necessary degree, shall be fined ten dollars for each offense. § 4. Any person who shall ride, lead or drive any horse or other animal, in any street or ally, in a gait faster than a trot or pace, or at a rate faster than six miles an hour, shall, for each offense, be fined three dollars. § 5. Any person who shall leave a wagon and team, horse and buggy, or other vehicle and horse, in any street or alley, unsecured or unhitched, shall, for each offense, be fined three dollars. § 6. Any person who shall, within the limits of the city, keep or harbor any animal of the dog kind, that shall bite or fiercely attack, any person whatever — such animal, at the time of such biting or attack, not being within the inclosure of its owner or controller — such person, so harboring or keeping, such animal, shall, on conviction, be fined not less than twenty-five nor more than one hundred dollars for each offense: Provided, That this provision shall not apply to any case wherein the person bit or attaoked shall break or enter without permission, any inclosure, and shall be pursued there- from by such dog. § 7. Any person who shall permit on his premises, within the city, any loud and frequent or continued barking, howling or yelping, of any animal of the dog- kind, so as to annoy and disturb any neighbors, shall, for every twelve hours such annoyance shall continue, after one day’s notice by the Marshal, be liable to a fine of not exceeding ten dollars. ASSESSOR AND ASSESSMENTS. 3 § 8. At sucli seasons of the year, and during such period of time as there may be danger from hydro- phobia, or the public safety may require it, the Mayor ^liall issue his proclamation, requiring the owners of all dogs to keep them within the limits of their own in- closures, or if allowed to go upon the streets, to be securely muzzled. Any person suffering his dog to go upon the streets, within the city, without being securely muzzled, after the issual of the Mayor’s proclamation as aforesaid, and within the time specified therein, shall be fined not less than five nor more than twenty dollars; and if such dog is found at large a second time without muzzle, within said period, it shall be the duty of the Police Judge, in addition to adjudging the fine as afore- said, to order the C.ity Marshal or a ^Vatchman to kill such dog. Any dog found running at large without be- ing so muzzled, at any time fixed after the time fixed by the Mayor in his proclamation, shall be killed by the City Marshal or any Policeman seeing them. ORDINA:SCn Ao. 2, i ASSESSOR AND ASSESSMENTS. § 1. The Assessor, before entering on the duties of his office, shall make oath that he will well and truly, to the best of his skill and ability, perform the duties of Assessor without fear, malice, favor or intentional injustice; that he will fix a fair value on all property listed by him, without favor or partiality; and will dil- igently search and inquire, so that no person is passed over or shall fail to have an opportunity to give in his list of taxable property; and that he will faithfully re- port all persons who shall fail to refuse to give in a list of their taxable estate when called on or notified for Dogs to be muz- zled at certain seasons u p o n proclamation of Mayor. Fine not less than So nor more than $20. When dog to be killed. Oath of Assec- sor. 4 ASSESSOR AND ASSESSMENTS. When duties to commence. I>:ite of assess- ment. He shall apply to or notify all tax-payers. Tax-pay*er shall list aU taxable property in his possession or control. Shall be fined for not render- ing complete list. tliat purpose, or who have given in a false or fraudulent list or who shall otherwise violate or evade any law, ordinance or regulation in relation to assessments. § 2. He may commence the duties of his office on the 10th day of January, and shall complete ami return his tax-book to the Clerk of the Board by the 1st day of March. All assessments made by him shall he taken as of the 10th day of January. § 3. He shall apply personally at the residence or place of business of such person subject to taxation, and apply Ibr a list of taxable property, and if such person be not found at such residence or place of busi- ness, the Assessor shall leave with some person over the age of sixteen years, or post on the front door of such residence or place of business, a written notice specifying a time and place when such person is re- quired to render a list of his or her taxable property, and shall report in writing to the City Attorney every person who shall fail or refuse lo render a true list of his or her taxable estate when so called on or notified. Subsec. 1. Any person who has in his or her posses- sion or under his or her control any taxable property in the city of Frankfort, belonging to persons not re- siding in said city, shall, when called upon by said As- sessor, render to him a true list of any and all of such property, with the names of the owner or owners thereof. Subsec. 2. Any person failing to render such list or who shall render an imperfect, false or fraudulent hst, when so called upon by the Assessor, shall, for each offense, be fined not more than one hundred dollars, and each refusal to render said list shall be deemed a se}>arate offense. Subsec. 3. Such fine or fines shall be recovered by a warrant before the Police Judge of the city of Frank- fort. ASSESSOll AND ASSESSMENTS. § 4. If the Assessor report any one as delinquent vunder the next preeeding section, without having per- formed tlie duties required of him in said section, he shall he fined two dollars for each offense, recoverable by warrant before the Police Judge. § 5. The Assessor shall make out and return to the Clerk of the Board 'the assessment book, with the name, in alphabetical order, of each tax-payer, and opposite thereto his residence, and the location, number, width, depth and value of each of his lots . of ground, with the improvements thereon, the description and value, in separate and appropriate columns, of each and every description of property owned by him within the city, including the value of all gold aud silver and other metallic watches and clocks, silver place and ware, pianos and other musical instruments, buggies and carriages, the number of shares and value of railroad, turnpike or bridge stock, and stock in any and all manufacturing or other companies owned by residents of said city ; and also the whole amount of the capital stock of any manufacturing or other comj^any located in said city, together with amount each resident of said city may be worth from all other sources, after deduct- ing therefrom the amount of his indebtedness as prin- cipal and such articles as may be by law exempt from taxation. He shall also enumerate, in a separate col- umn, the number of children in each family between the ages of six and twenty. § 6. That the property which has been sold for taxes shall be afterwards, and unlil it is redeemed, assessed against the holder of the tax title. But when the city is the holder of said title, the tax bill therefor shall not be delivered to the Collector. § 7. The Assessor shall administer to persons listing their property the following oath : “You do swear that Penalty for im- proper report. Assessment, book. Number of chil- dren. Oath to be taken by per- sons listing es- tate. ASSESSOR AND ASSESSMENTS. this list of taxable estate given in by you contains a full and complete list, and the best description of the same you can give, of all and every species of property belonging to you or in your possession, legally subject to taxation within the city of Frankfort on the lOtb day of January last, ancT that no removal of property or omission has been made, or any method or device adopted or practiced whereby to evade the payment of taxes due by you ; and that you will true and perfect answers make to such questions as may be asked of you concerning your taxable estate — so help you God.” compensaMon. § compensation shall be fixed by the Board of Councilmen, from time to time, as the labors of the incumbent may render reasonable. § 9. When the tax lists as taken by the Assessor shall be returned to the Clerk, he shall report the fact next meeting of Council ; and the Board shall enors. thereupon fix a date, within fifteen days next ensuing, when it will consider as a Committee of the Whole the Assessor’s book, and correct any errors of the Assessor, whether in fact or in relation to the valuation of the estate listed ; and in cases where they shall be of opin- ion that estate has been incorrectly valued, to fix the same at its proper value. Said Board acting as a Com- mittee of the Whole, shall have power to adjourn from ' day to day, and to compel the attendance and exami- nation of witnesses before them, regarding valuation of property, and ma}" receive the tax list of any person omitted b}" the Assessor, and enter the same in said book. The Clerk of the Council shall act as Clerk of said Committee, and keep a record of its proceedings, which shall be certified upon the said xA.ssessor’s book to the Council at its next meeting, after said examina- tion is completed. Upon said report being made, the Council shall hear and determine any appeal from the ATTORNEY, CITY. 7 'decision of the Board acting as a Committee, and shall, after proper corrections sliall have been made, approve said book. When tlie Clerk shall proceed to the dis- ■charge of his duties in relation thereto, as prescribed in Ordinance No. 8, and such other Laws, Ordinances and Rules as may be applicable thereto. ORDINA.NCB Na. 3. ATTORNEY, CITY. § 1. The City Attorney shall represent the city in all prosecutions for violations of the Laws or Ordinances of the city, and assist in enforcing the same, and shall represent the city in all cases in which she may be concerned, or a party in any court held in said city. He shall not himself receive, but shall see that the Marshal and all others promptly collect and pay over to the Treasurer, all moneys by them receivable for the city. He shall report promptly to the Board of Council- men the names and offenses of any persons doing busi- ness under a license from the authorities of the city, who may be convicted of a violation of the conditions of their bond or of the conditions upon which such license was granted, and the date of such conviction. He shall, on request of any city officer, advise him as to his duty; and, if required by such officer, shall give his written opinion on any point. Lie shall prefer charges, before the Board of Coun- cilmen, against any officer of the city^ who shall fail, neglect, or refuse to perform his official duties, and shall attend, before the Board, to the prosecution of any officer on trial. § 2. The compensation to the City Attorney for his ■services shall be thirty per centum of all fines and for- H i s duty to prosecute all offenses against city, and repre- sent city in all cases. To see that city funds be nromntly col- lected and paid in. Report all li- censes violated. Give advice to officers, Shall prefer charges against delinquent offi- cers and prose- cute them. Compensation o f City Attor- ney. 8 AUCTIONEERS AND I’EDDLERS. To make semi- annual, i-enorts to Council of un- collectel fines by- Police Court. To make semi- annual reports as to condition of dues of ;;11 kinds in t b e hands of t h e Marshal. Duty In regard to collection of water and gas bills. Tax on license to auction mer- chandise. Tax on ped- dlers. foitures recovered and collected under the Charter, Or- dinances or Regulations of the city, and, in addition thereto, an annual salary of three hundred dollars, to be jiaid (juarterly, out of the City Treasury. § 3. He shall, semi-annually, examine the records of the Police Court, and report in writing to the Council what hues and costs are uncollected, the parties against wlioni they wmre assessed, the amounts, and the con- dition of same, and the reasons why they have not been collected. He shall also, semi-annually, examine into the condition of the dues and demands of all kinds in the hands of the Marshal for collection, and report to the Council, in writing, the amounts uncollected, under their respective heads, and state the reasons wdiy they were not collected. Said reports shall be made, on the first Tuesdays in July and January of each year. § 4. It shall be his duty to see that subsection No. 7 of section 2 of Ordinance No. 15, section No. 9, of Or- dinance No. 8, and Ordinance No. 21, be faithfully observed by the Clerk, the Marshal, and the Superin- tendent of Gas and AVater, and it shall be his duty to see that the demands and dues of the city are collected, as speedily as possible. ORniNANCn Na. 4 , AUCTIONEERS AND PEDDLERS. § 1. Auction^^ers of goods, wares, and merchandise,, other than those manufactured wdthin the State, and all peddlers or itinerant merchants, shall pay to the city, monthly, a tax of five per cent, on the gross amount of all sales wdthin the city, wdiich tax shall be assessed on the written report of such party, made un- der oath to the City Clerk. Any person failing to make such report, and to pay the sum aforesaid into the City Penalty. CITY COURT. 9 Treasury for five days after tlie expiration of the month, or after conclusion of any season of sale witliin tlie city, shall be fined one hundred dollars, or imprisoned twenty days, or both so fined and imprisoned, at the discretion of a jury. § 2. That auctioneers selling property of any de- scription, other than stock, shall pay into the City Treasury annually the sum of twenty dollars, for which the Clerk shall issue an auctioneer’s license for the period so paid for; and any person selling property at auction within the city of Frankfort, contrary to this section, shall be subject to the same penalties prescribed in the Ordinances for carrying on business without li- cense. § 3. That any person whose principal place of busi- ness is not in this city, or who conducts his principal business without this city, and shall sell or offer to sell any goods, wares, or merchandise, by sample or represen- tation, in this ciCv, to any person other than persons doing a licensed business in this city, must first obtain an annual license therefor by paying therefor the amount required to be paid by merchants doing busi- ness in this city. § 4. Any person violating this section shall be fined not less than twenty dollars nor more than one hun- dred dollars. ORDINAJ^CB JSo. o. CITY COURT. § 1. All cases of penalties imposed by, and prosecu- tions for violations of, these Ordinances, shall be by warrant before the Police Judge of the city: Provided, That when, from any cause, the Police Judge fails to issue the necessary warrant, or to attend any trial, or Auctioneer’s li- cense. Unlawful for certain persons to sell goods by sample. Prosecutions by warrant before Police Judge. In his absence Mayor, Justice of the Peace, or County Judge may act. 10 CITY COURT. Police Judge to report to tue City Clerk once a month, &c. Unless fine neid at once, to be discharge cl b y labor at the rate of fifty cents per day. Deduction to be made for work done if fine paid after im- prisonment. No person to be discmirged ex- cent by order of Police Judge or Mayor. Police. &c., to report to City Judge. When. if ill attendance, cannot properly preside, the duties of said Judge may be discharged by the Mayor of the city, or by any Justice of the Peace, or the Presiding Judge of Franklin county. § 2. The Police Judge shall report monthly to the City Clerk a list of all judgments in the police Court for fines imposed for breaches of the Ordinances or Laws of the city, stating whether the same, or any part there- of, have been paid, and to whom, and whether execu- tions have been issued, and to whom delivered. § 3. That in all cases wherein fines are imposed in the Police Court it shall be the duty of the Judge to specify in the judgment that unless said lines and the costs are paid or replevied at once, the same shall be discharged by labor in the work-house })remises or in the quarries used and occupied by the city, or on the streets and alleys of the city, at the rate of fifty cents per day: Provided, That if any part of said tines and costs is paid or replevied after commitment to the work-house, the person theretofore confined therein shall have credit upon the judgment rendered against him for the num- ber of days he shall have been confined, at the rate of fifty cents per day: Provided further, JJiat no person shall be discharged from the work-house exccqit on the written order of the Police Judge or Mayor of the city. § 4, It shall be the duty of the City Attorney, the Marshal, Assistant Marshal, and all watchmen of the city of Frankfort, on every Monday, between the hours of 9 and .12 o’clock, A. M., to report to the Police Judge of said city, at his office, and under oath, to said Judge, any infractions of the Laws or Ordinances of said city of which they may have knovvdedge or reliable infor- mation. CITY CLOCK KEEPER CLAIMS. 11 oizniNANcn ivo. o. CITY CLOCK KEEPER. § 1. It shall be the duty of the Keeper of the City Clock to see that tlie same is ke})t constantly well cleaned, oiled and regulated, with everything in good running order; and he shall, from time to lime, set and regulate it, so that it. shall indicate the correct time. For his services he shall be paid the sum of fifty dol- lars per annum, payable quarterly. ORniJSAJ^CB AY>. 7. CLAIMS. § 1. Any person having a claim against the city un- der a written contract specifying the amount to be paid, and the time of payment, shall present the same to the Clerk, with the certificate thereon of the officer or com- mittee superintending its execution for the city, that the work has been done, or the materials or otlier arti- cles furnished, according to the contract, and the amount thereof, when the Clerk shall examine, audit and adjust the claim, certify thereon the correct balance due, and present the claim, so certified, to the IMayor for his ap- proval. If the Council approve said claim, the Mayor shall so indorse it, in writing, and thereupon the Clerk shall issue his warrant on the Treasurer for the amount due, and deliver it to the person entitled thereto, tak- ing diis receipt therefor. All other claims against the city sliall, before being allowed by the Council, be re- ferred to the committee having charge of that depart- ment of the business for which the indebtedness was incurred, and when investigated, reported by the com- mittee, and allowed, shall be. paid in same manner. § 2. It shall be the duty of all persons, whose duty His duties. Pay. Claims to be certified a n d audited before a i 1 o w e d by Council. Claims not on written c o n - tracts to be re- ferred to com- mittee. 12 Cr.EItK. Purclu'.seofclty supplies to be advertised. C’aims due the city to be paid d reasurer. City Attorney to coerce pay- ment. No witness claim allowed Policemen, &c. Oath and bond. requires them to purchase suiiplies of any kind for the city of Frankfort, to first ascertain from the proper officers and departments, hy actual aiul written esti- mates, what amount of supplies, more or less, should be purchased for the next succeeding six months; and, after having received such estimates, such person or persons shall not purchase such supplies until after he has advertised for at least two weeks for bids for fur- nisliing such supplies, and tliPii he or they shall accept the lowest best bid for all supplies that may be pur- chased; the advertising to be done by the proper coin- mi ttec. § 3. All evidences of indebtedness to the city shall be audited by the Clerk, and made payable to the Treasurer; and if any debt remains unpaid twenty days after due, the Treasurer shall hand it to the City Attorney to collect by legal process; and the Attorney shall, whenever called on by the Mayor or any member of the Council, report, in writing, the true condition of all claims due the city in his cliarge. § 4. That neither the Marshal, Assistant Marshal or any Watchman of the city of Frankfort, shall be al- lowed any fees for attendance as witnesses in the Frank- fort City Police Court. § 5. All parties having claims against the city are re- quired to make them out under a proper form, as pre- scribed by Ordinance. ORDINANCB Na. 8. CLERK. § 1. Before entering upon the discharge of his duties, the Clerk of the Board of Councilmen shall take an oath before the Police Judge or some Justice of the Peace faithfully to discharge the duties appertaining (CLERIC. 13 to liis office, and execute a covenant to the Board, with good and sufficient surety, to he approved by tlie Board, for the performance of all the duties imposed on liim by law, l)y tlie Ordinances of the city, and by virtue of his office. § 2. It shall be the duty of the Clerk to be present at General duties, all meetings of the Council, and to record accurately in a legible handwriting, in a book kept by Ihin for that purpose, the proceedings of the Board, which record book he shall have present at each meeting, and which shall at any time be open to the inspection of the ^layor, any member of the Council, or any peT-son in- terested in the proceedings thereof. He shall read the record of the proceedings of each meeting at the next succeeding meeting of the Council, when, after any correction which may be necessary shall have been made, the record shall be signed by the Mayor. He shall preserve and carefully file, properly labeled, all bonds, contracts, reports, books, documents or papers of any description, belonging to or affecting the inter- ests of the city^, or of individuals, which shall come to his hands as Clerk, and shall exhibit the same to any person interested therein, at any time when called upon so to do. S 3. He shall, after the list of taxable propertv taken his duty as to by the City Assessor shall have been examined and corrected by the Board of Supervisors and approved by the Council, within ten days, make out the tax-book therefrom, and deliver the same, together with a certi- fied copy of the classified list of taxes assessed against stores and business houses in the city, to the Treasurer, taking his receipt therefor; and, at the expiration of the time designated by the order of the Board for the same to remain in the hands of the Treasurer, he shall make settlement with him, charging him with all taxes 14 CLERK. To keep a c- count finances. To audit ail claims due to and from city. To issue war- rants. To report all persons indebt- ed to city to At- torney. Grant permits to make pay- ments to Treas- urer. received thereon, find fortliwith list the unpfjid taxes witli the Marslial for collection. He shall require the Marshal to nnike monthly settlements, and pay into the Treasury the taxes and moneys in his hands belonging to the city. § 4. lie shall keep a separate account of all taxes and moneys collected, so as to exhibit the amount collected under each head. He shall keep a correct list of all balances due by the city to individuals, and by individ- uals to the city, and report the same to the Board of Councilmen quarterly ; and he shall report to the Mayor or the Board, at any time when required, any information connected with the business of his office. § 5. He shall audit and enter all accounts and all other demands payable out of the City Treasury, all accounts of the collection of revenues, taxes, fines, forfeitures or other moneys due the city; and shall issue his warrant on the Treasury for all moneys payable by the city on any account, which warrant shall state upon its face the date, amount, and name of the person to whom payable, and on what account, and out of what fund to be paid; and such warrant shall not be issued unless the money to pay the same has been appropri- ated by the Board. § 6. He shall report all officers and persons indebted to the city who fail to render their accounts in proper time, or pay the money in their hands due the city into the Treasury, to the City Attorney, who shall promptly institute proper proceedings, and prosecute the same, to enforce the performance of such duty and the pay- ment of the money due the City Treasury. § 7. He shall grant written permits or authority to the Treasurer to receive money from public officers, or other persons, due the city, stating the person, the amount to be paid in, and the fund to which it belongs, CLERK. ir> and cliarge the same to the Treasurer in an appropriate book, under its proper head § S. He shall so keep the accounts that they will truly and clearly exhibit the amount of all moneys p«id into the Treasury, by whom, and for what account paid; and also, in like manner, exhibit the amount of public expenditures, and each item thereof. He shall keep an accurate account, in books, of all warrants or permits by him drawn or issued, showing in due succession the date, number and amount of such warrant or perm, it for what, and to whom issued. In numbering and dat- ing his warrants and certificates (or permits), he shall begin the first day of January and end the thirty-first of December, inclusive, of each year. § 9. He shall perform such other duties as the Or- dinances or orders of the Board may require of him; and shall receive an annual salary of one thousand dollars, payable monthly out of the City Treasury. § 10. When issuing warrants, the Clerk shall look to the delinquent tax list in his keeping, and ascertain whether the person or persons to whom the warrants are issued are indebted to the city; and if such be the fact, he shall credit the warrant or warrants with the amount due by said person, or such portion of such in- debtedness not in excess of the warrant. This section shall also apply in cases of indebtedness to the city on an account, and to all persons, including city officers. § 11. That all city officers required to pay money into the City Treasury shall first procure an order from the City Clerk to the Treasurer to receive the same, and the Treasurer, upon the payment to him of the amount specified in said order, shall receipt for the same, which receipt shall be filed with the Clerk, and constitute the sole evidence of said payment. It shall be the duty of said Clerk, upon the filing of the Treasurer’s receipt. To keep a c - COU.itS. ilis saLuy. City warrants subject to dues. Clerk to retain money due city. Officers requir- 6vl to have per- mits to pay in money. 16 CONSTRUCTION — COUNCIL MEETINGS. Coiistmction of Ordinances. Time of regular meeting. to give proper voucher of payment to the city officer so complying with ihe requirements of this Ordinance. OUniNA^NCB No. 9 . CONSTRUCTION. § 1. In the construction of the Ordinances of the city, words used in the past or present tense shall in- clude the future; the masculine gender shall include the feminine and neuter; the singular number shall include the plural, and the plural the singular; the word “person” shall include a corporation as well as a natural person ; writing shall include printing or printed paper; “Board” or “Council” shall be taken to mean Board of Councilmen; words descriptive of acts, duties, offenses, or officers in general, to refer to such acts, duties, offenses, or officers within the city of Frankfort. Authority conferred upon an aggregate body or committee may be exercised by a majority or quorum of such body or committee. Words imposing fines or penalties include an enactment that such fines or penalties may be prosecuted for before the Police Judge of the city, or any tribunal having jurisdiction of such cases. ORDINA^NCB No. lO. COUNCIL MEETINGS. § 1. Regular meetings of the Board of Councilmen shall be held on the second Tuesday evening of each month at the Council Chamber. At oil meetings the President of the Boaid shall preside, preserve order, and decide all questions of order, subject to the decis- ion of a majority of the Board on appeal. In the ab- sence of the President, a President tem. shall be COUNCIL MEETINGS. 17 elected, who shall, for the time being, })erform the same duties and have the same powers. The President shall have the right to name any member to perform the duties of the chair temporarily, during Council ses- sions, but such President pro tern, shall not be empow- ered to act beyond the period of two hours; less than a quorum may organize and compel the attendance of absent members. § 2. For special reasons the Mayor, or in the absence of the Mayor, the President of the Board, may convene the Council in called session at any time, or the Mayor shall so convene it upon application of three members of the Council. § 3. The City Treasurer and City Attorney are re- quired to attend all regular meetings of the Council. § 4. Any member of the Council, or any one of the above-named officers, who shall absent themselves frorn a regular meeting of the Council, without a good and sufficient excuse therefor, shall be fined two dollars for such offense by the City Council, and charged with same by the City Clerk. § 5. That Ordinance No. 10, title '‘Council Meetings, Compilation of Ordinances,” &c., approved December: 9, 1879, be, and the same is hereby repealed. § 6. That the rules of the United States House of Representatives, as compiled and published by John M. Barclay, edition of 1861, be and they are hereb}’’ adopted, in so far as they jnay be applicable, as the rules by which the proceedings of this Council shall be governed, until the same shall be modified or changed. 2 President pro tern. When Mayor or Presid e n t of Council may convene a call- ed session. Councilmen , City Attorney o r Treasurer shall be fined when absent. 18 (,'UIMKS AND I’UNISH.MENTS. Obstructions in streets, alleys and on side- walks. Steps and cellar doors. Bulk, jut, win- dow, sign-post, &c. Wood or coal on street. Cellar door open or any obstruction on sidewalk In night. ORjyiNANGl^ Na. 11, CRIMES AND PUNISHMENT. §1.1. Any person who sliall place, or cause to be placed, on a macadamized street, paved alley or side- walk, any step, cellar door or cellar-way, which shall extend more than four and a half feet from the line of the lot upon such street, alley or sidewalk, or shall be more than four inches above the level of the adjoining macadamizing or pavement, shall be fined three dollars, and the like sum for each twenty- four hours the same remains. II. Any person who shall cause to be constructed or placed a bulk, jut or window, extending more than two feet from the lot into a paved street or alley, or any sign, sign-post, horse-rack, scales, post, box, block, spout, gutter, booth, stand or other fixtures, on any street or sidewalk of the city, whereby the passage of -such street or alley is incommoded, or the gutter thereof ob- structed, shall be fined three dollars, and a like sum for each twenty-four hours the same remains; but this pro- vision shall not be so construed as to forbid merchants or others from using the streets or sidewalks in con- veying merchandise or other property to or from their stores or houses of business or residence, such use be- ing so conducted as not unnecessarily to obstruct the street or sidewalk. III. Any person who shall permit his wood or coal to remain in or upon any paved street, alley or sidewalk, longer than twenty-four hours, shall be fined three dol- lars, and a like sum for every additional twenty-four hours the same thus remains. IV. Any person who shall permit his cellar door, in any street, alley or sidewalk, to remain open in the night-time, without a light in such cellar-way, or who shall place or leave any obstruction in or on any paved CRIMES AND PUNISHMENTS. 19 street, alley or sidewalk, and suffer it to remain there in the night-time, or sliall suffer such obstruction to re" main on the side of any street or alley, or on the side- walk adjoining his premises, in the night-time, shall he fined for each offense three dollars, each and every night shall be held and deemed a separate offense. V. Any person Mdib shall ride, lead, drive or hitch a horse or other animal on or across a paved sidewalk, ex- cept in passing to or from a stable or lot, shall be fined three dollars. VI. Any person who shall cast or place, or cause to be cast or placed, any shavings, ashes, cinders, chips, trash, mud, dirt, dung or other filth, in a street or alley, or on a pavement, without the permission of the Street Committee, or ^vho shall discharge, throw or cause to be run, from ’a kitchen or other place, any nauseous, offensive or unhealthy v’ater or- liquid, into or upon any sidewalk; street or alley, or any adjacent lot of ground, or shall place any dead animal, excrement or filth, on a street, alley, sidetvalk or wharf, shall be fined five dol- lars, and the like sum for each twelve hours the same remains; but this provision shall not be so construed as to prevent rubbish being thrown into the streets and alleys, if it be removed therefrom within twelve hours. VII. Any person who shall obstruct a paved street, alley, sidewalk or gutter, with brick, stone, lime, lum- ber or other thing, shall be fined three dollars, and a like sum for each twelve hours the same remains: Pro- vided, however, That this provision shall not apply to persons building or repairing houses, who use no more than one-half of the street or alley opposite the lot for building materials, leaving fre^ passage for water into and along the gutter, and keeping the sidewalk as clean and as clear of obstructions as may be practicable; and plasterers have a like privilege; but such license shall Horse on side- walk. Trash, cinders, or shavings on street. Brick, s one or lumber. Builders ex- empt. 20 CRIMES AND PUNISHMJ5NTS. Building mate- rials to be re- moved wltbi’i 24 hours aft e r work done. Building in, on, across or over streets. Wheelbarrow on sidewalk. Ball, bandy, fire crackers. Digging and haxiling earth, sand. &c., from street, fine $5. continue only until the building or work shall be coin- ])leted, or until the expiration of a reasonable time for such completion. VII I. Every person engaged in any work, or causing it to be done, which occasions brick, stone, dirt or other litter to be placed in or on any street, alley, wharf or side'walk, shall remove che same within twenty-four hours after such work is completed, and for a failure to do so, shall be fined five dollars for every twelve hours the same, or any part thereof, may remain. IX. Any person or persons or corporation that shall build upon,pnclose, or obstruct with fence, inclosure, wall, building, or structure of any kind, or shall con- tinue the same where it may heretofore have been built, erected, or constructed in, upon, across, or over any street, alley or public ground of any kind, without permission from the Board, within the city, shall be fined five dollars, and a like sum for each day the same may remain. X. Any person who shall wheel or use a wheelbar- row on any sidewalk within the city, except in crossing the same in entering or leaving his premises or place of business, shall be fined one dollar for each offense. XI. Any person w^ho shall engage in any game of hall or bandy, or shall discharge fire-crackers in any street or alley within the city, shall be fined not less than one dollar nor more than ten dollars for each offense. It is especially enjoined upon the City Mar- shal and Policemen to see that this provision is en- forced. XII. Any person who shall dig or take away any sand, gravel, earth or sod, from any street, without the permission of the Council, shall be fined five dollars for each cart load so dug or taken. CRIMES ANT) PUNISHMENTS. 21 XIII. Any person who sliall, without legal authority, displace or injure any pavement, curbing or other work ■on a street, alley or sidewalk, shall be fined five dollars for each offense. XIV. Any person who shall use or occupy a street, alley or sidewalk, in shoeing, or preparing to shoe, a horse or other animal, or shall, by means of any stage, Wcigon, carriage or'other vehicle, finished or unfinished, obstruct or interrupt the free use of the streets or alleys, at intersections or crossing places, shall be fined five dollars for each offense. § 2. I. Any person who shall injure, damage, befoul -or deface the State-house, court-house, market-house, engine-house, work-liouse or any other city or State building, church or plac^ of public worship, or any buildings, property, furniture, fixture, fence or inclosure appertaining to either, or any private property, or any tree, shrub or plant, on any public ground, or any box, plank or fixture thereon, shall be fined not less than one dollar, nor more than twenty dollars, for each offense. . II. Any person who shall injure or deface any water or gas-pipe, or any fire-plug, stop-cock, gas-post, or lamp, or any fixture pertaining to the water-works or gas-works in the city, or any fire engine, hose, hose- carriage, public cistern, or any fixture or thing apper- taining to either, shall be fined not less than five dollars, nor more than fifty dollars, for each offense. § 3. If any factory, tan-yard, brewery, privy or other establishment or building, shall be erected, or continued so as to cause a nuisance to any person, or to the pub- lic, the owner or occupant of the premises from which .such nuisance proceeds, shall be fined five dollars for each day it continues. § 4. I. The owners or occupiers of every lot or build- ing adjoining any paved street or alley, shall keep the Injury to Im- provements on streets, &c. , tine $5. Obstructing streets by shoe- ing horses or with vehicles, fine S5. Injury to public property. Injury to gas or water-works , &c. Nuisance. Keep streets clean. 99 ('RI^fES AND PUNISHMENTS. Penalty. Pavements t o be kept in re- pair and clean. Riot, rout, fight, or breach of the peace. Boisterous con- duct. Indecent expos- ure or public indecency. Standing stud or jack without license. oiie-luilf of said street or alley adjoining their property well cleaned and free from mud, dirt or other obstruc- tion; and any person failing to perform this duty, after being retpiired lo do so by the Marshal, Street Committee or II ealth Olhcer, shall be lined three dollars for every twenty-four hours of such failure. II. Any person who shall fail to keep in good repair and well cleaned any sidewalk adjoining the property owned or occupied by him, shall be fined one dollar for each offense, each twelve hours being deemed a sejiarate offense. § 5. An}^ person wlio shall engage in any riot, rout, fight or breach of the })eace, within the limits of the city, shall be fined not less than one dollar, nor more than fifty dollars, or im])risoned not exceeding fifteen days, or both, at the discretion of the jury. II. Any person who shall, by cries, songs or other noise, disturb the peace and good order of the city, shall be fined not less than one dollar, nor more than ten dollars, at the discretion of the court. III. Any person who shall, 'within the city, expose his person indecently, or commit, publicly, any inde- cent, obscene, or lewd act, or expose to public view any obscene print, painting, or picture, or use, publicly any obscene language, shall be fined not exceeding twenty dollars for each offense. § 6. Any person who shall stand within the city any stallion or jack, without first obtaining from the Coun- cil a license for that ])urpose, designating the place where such stallion or jack shall stand, and the inclosure within which the same may be let to mares or jennets, shall be fined ten dollars for each day such stallion or jack may be so stood. § 7. Any person who sliall discharge any gun or pis- tol within the city, unless in the lawful defense of his. Shooting. CRIMES AND rUNISHMENTS. 23 person, family, or property, shall be fined ten dollars for each offense; but this provision shall not apply to gunsmiths who discharge firearms on their own premi- ses in the pursuit of their regular business. § 8. Any person who shall, ivithin the city, carry concealed a deadly weapon, other than an ordinary pocket- knife, shall he fined, for each, offense, not less than twenty- five nor more than one hundred dollars: Provided, That it shall he a su fficient defense to a prosecution for a violation of this provision to est eddish — I. That the person charged had reasonahle grounds to helieve his person, or the person of some niemher of his family, or his property, ivas in danger from violence or crime. II. That he ivas a Sheriff, Constable, Marshal, Police- man, Officer or Guard of the Penitentiary , or carrier of the United' States mail, and that such iveapon ivas a neces- sary precaution to his protection in the efficient discharge of such public or officied duty; or, III. That he was required, hy his business or occupa- tion, to travel during the night-time. (Sec. 8 repealed by sec. 9.) § 9. That section 8 of the published Ordinances of the said city, and an Ordinance approved March 24, 1869, pertaining to carrying concealed deadly weapons, be, and the same are hereby, repealed, and the following be substituted in lieu thereof : If any person shall carry concealed a deadly weapon upon or about his person, other than an ordinary pocket-knife, or shall sell a deadly weapon to a minor, other than an ordinary pocket-knife, such person shall, upon conviction, be fined not less than twenty- five nor more than one hun- dred dollars, in the diccretion of the court or jury try- ing the case. Carrying concealed deadly weapons shall be lawful in the following cases: 1st. When the person Deadly weapon. Amendment to Ordinance In re- lation to carry- I n g concealed deadly weap- ons. 24 CRIMES ANU rUNISHMENTS. Cock-fighting. Faro-bank or gaming table. Penalty for per- mitting faro- bank, &c., on premises. Penalty for al- lowing gaming. Penalty for gambling on premises with- out consent of controller. has reasonable grounds to believe bis person or the person of some of bis family, or bis property, is in im- mediate danger from violence or crime. 2d. By Sheriffs, Constables, Marshals, Policemen, and other ministerial officers, when necessary for their protection in the dis- charge of their official duties — Approved Ajwil 8, 1876. § 10. An}^ person who shall fight chicken-cocks within the limits of the city with gaffs or heels, shall be fined, for each offense, not less than ten dollars, nor more than one hundred dollars, at the discretion of a jury- § 11. I. Any person who shall, within the city, set up, exhibit or keep for himself or any other person, or shall procure to be set up, exhibited, or kept, any faro- bank, gaming table, .machine or contrivance used in betting, or in any game of hazard -or chance, whereby money or other thing of value may be bet, won or lost, shall be fined one hundred dollars for each offense. II. Any person who shall permit any such bank, table, machine or contrivance, mentioned in the first subdivision of tins section, to be set up, kept or ex- hibited, in any house, boat, float or tenement, or on any premises within the city in his occupation or under his control, or who shall rent or lease the same, or any part thereof, to be used for such purpose, shall be fined one hundred dollars for each offense. III. Any person who shall, within the city, suffer any game of hazard or chance, whereby money or other thing of value is bet, won or lost, to be played in any house, tenement, boat or float, or on any premises in his occupation or under his control, shall be fined one hundred dollars for each offense. IV. Any person who shall engage in any game of hazard or chance within the city, whereby money or other thing of value is bet, won or lost, in an}^ house, CRIMES AND PUNISHMENTS. 25 tenement, boat or float, or on any premises, without the consent of the ‘occupant or controller thereof, or who shall engage in such game on any street, alley, com- mon or in any public house or grounds within the city, shall be fined not less than twenty dollars, nor more than sixty dollars, for each offense. § 12. I. It shall not be lawful for any person — not intending to take passage on the cars, or having other proper business there — to loiter or stand about the door, or on the pavement of the railroad depot, or upon the railroad track, within the city, at the time of the arrival, departure or passing of any train. Any person thus offending shall be forthwith arrested by the Mar- shal or Policeman, and, upon conviction, shall be fined two dollars for each offense. II. Any person — not intending to take passage on the cars, or having other proper business thereon — who shall get upon the platform, or upon or within any railroad car within the limits of the city, shall be sub- ject to a fine of five dollars for each offense. § 13. Any person who shall, in the day time, go into the Kentucky river for the purpose of swimming or bathing, within the limits of the city, shall be fined five dollars for each offense: Provided, That this section shall not apply to any person or persons using regular or proper bathing costumes. § 14. Any person who shall ring a bell in the streets to give notice of an auction, or for any other purpose, for a longer time than ten minutes in one place, shall be fined, for each offense, two dollars. § 15. Any person who shall sell, loan or give gun- powder, in any quantity, to any minor under the age of -fifteen years, without the consent of his parent or guardian, shall be fined five dollars for each offense. Persons not to congregate at railroad depot. Persons with- out business not to get on railroad cars, Bathing. Ringing bell In street. Furnish i n g gunpowder t o minors. 26 CHIMES AND PUNISHMENTS. Minors m;iy be prosecuted. False alarm of fire. Obstructing firemen or in- juring appara- tus. Corrupting water. Railroad cars not run in city at speed greater than five miles an hour, or ob- struct crossing, fine $10. Drivers of vehl- cles leaving lines, leaving teams, endan- gering persons, or obstructing streets, fined $5 to $20. § IG. Minors shall be liable to be prosecuted for breaches of Ordinances in the same manner and to the same effect as adults. § 17. Any person who shall ring the court-house or any other bell, with the intent to create, or shall in any way, knowingly, create a false alarm of fire, shall be fined ten dollars. § 18. Any person who shall hinder, delay or ob- struct any fireman in the discharge of his duties during the time of a fire, or alarm of fire, or shall at any time deface, break or injure, tread upon or ride or drive over or upon, any hose or apparatus belonging to or used by a fire company, shall be fined, for each offense, ten dollars. § 19. Any person who shall injure, befoul or corrupt the ‘‘Cove Spring,” or any pipe, tube, plug, stop-cock or hydrant connected with the water-works, or any well, spring or cistern, shall be fined, for each offense^ fifty dollars. § 20. No locomotive, railroad car, or train of cars^ shall pass through the city, or be run within the limits, at a speed greater than five miles an hour, nor shall stand upon or obstruct any street-crossing longer than five minutes at one time; and any violation of tliis pro- vision shall subject the person or corporation owning or controlling such locomotive, car or train to a fine of ten dollars for each offense. § 21. Any driver of a team or animal attached to any vehicle within the city, who shall be found out of reach of the lines attached to said team or animal, when in motion, or shall be more than ten feet from the team or animal harnessed and in a vehicle under his charge, unsecured, or shall so drive as to endanger the life or limb of any person, or shall stand his vehicle on the crossing of a street so as to obstruct the free passage CRIMES AND PUNISIFMENTS. 27 thereof, shall be fined not less than five dollars, nor more than twenty dollars, for eacD offense. § 22. That hereafter it shall he unlawful for any per- son or persons to stand or place any vehicle or the body or running gear, or any part of any vehicle, on any of the streets or alleys in the city of Frankfort, unless upon the express consent of the owners of propert}^ on both sides of the street or alley, and of the Council first obtained thereto: Provided, That this section shall not embrace carriages or other vehicles which may be in the possession of the owner, driver or other person in charge of the animal or animals hitched to such car- riage or other vehicle. Any person or persons violat- ing the provisions of this section shall be fined five dollars for each offense. § 23. That any person who shall willfnlly interrupt or disturb a congregation assembled for, or engaged in, worshipping God in said city, or shall willfully inter- rupt any school, seminary or college in said cit}% while the students of the same are engaged in their studies, or undergoing a public examination, or any assemblage of people met for or engaged in any lawful purpose within said city, shall be fined not less than twenty nor more than fifty dollars. § 24. That it shall be unlawful for any person to make a regular business of selling butchered meat and market stuff, not the product of his own farm, within the limits of the city -of Frankfort, without first obtain- ing a license therefor, the same as now charged for meat stores or green groceries doing business in the city. Any person violating this section shall be fined not less than one nor more than five dollars for each offense. § 25. That any person convicted of retailing spiritu- ous, vinous or malt liquors within said city without a license, shall be fined in the sum of sixty dollars. Oi’dinance as veliicles. Penalty for dis- turbing: relig- ious congrega- tions or schools. Meat wagons subject to pay license. Peiialty. Penalty for re- tailing liquor without license. 28 CRIMES AND PUNISIIMENTS. Penalty for vio- lating Mayor’s procla m a t i o 11 as to selling li- quors. Vagrants— how punished. Street-walkers —how punish- ed. § 2(). That any person wlio sliall violate the provis- ions of section 4 of (Jrdiinince No. 22, by selling any intoxicating litpiors contrary to the proclamation of the Mayor, as provided therein, shall be fined not less than five nor more than ten dollars for each offense. ^ 27. If any person shall profanely curse or swear, or shall be drunk upon the streets, he shall he fined one dollar for each offense, and every oath shall be deemed a separate offense. § 28. That any able-bodied person who is found loit- ering or wandering in the city limits, living an idle or desolute life, without any visible means of support, or any person so found in said city who comes under the class of persons commonly called and known as va- grants, tram})s, or beggars, and who are able-bodied, shall be arrested by the city officers, and shall, on con- viction, be fined not less than five nor more than fifty dollars. § 29. That any ‘fstreet-walker” or able-bodied woman, who is caught loitering within the city limits, and is un- able to show any proper means of support, or that said person is engaged in the discharge of some legimate business, shall be arrested by the city officers, and, upon conviction, shall be fined not less than five, and not more than fifty dollars. § 30. That it shall be unlawful for any person to sell, give or have in his possession, within the cit}y or to throw or deposit upon the street, alley or sidewalk, in any house, or on aii}^ premises witfiin the city, any torpedo or other self-exj)losive thing, composed, in whole or part, of powder or other explosive substance. Any person convicted of a violation of this Ordinance shall be fined in any sum not less than two dollars, nor more than twenty dollars, at the discretion of the jury. CRIMES AND PUNISHMENTS. 29 § 31. Any person who shall put any stick, stone or other thing in any public pump or well, or get on, stand upon or injure, or deface or post any card or bill upon any public pump or pump handle, or draw or j)ump any water from any public well for any purpose except for drinking and culinary purposes, shall be fined five dollars for each offense. § 32. Any person who shall break any glass in or injure or deface in any way any street lamp, or turn out or light the gas in any street lamp, except the city lamp lighter, or his authorized assistant, shall be fined five dollars for each offense. § 33. The following penalties shall be enforced by warrant before Police Judge for a violation ot the pro- visions of this Ordinance: I. Any person who shall sell in market anything for a greater amount than the true weight or measure thereof, shall be fined not less than five dollars, nor more than ten dollars, for each offense. II. Regrating is buying any article of marketing with a view to its being resold in market, or selling any such article bought in market, or on its way to market, in the same market on the same day. Engrossing is buying or otherwise getting control of quantities of marketing with a view to enhance the value thereof in the market. Any person who shall regrate or engross any article of marketing within the city, or be con- cerned therein as buyer or seller, or interested in such purchase or sale, shall be fined in any sum not exceed- ing twenty dollars. III. Any person who shall sell or offer for sale, within the city limits, any tainted, spoiled or putrid fish or meats, or any sour or musty meal or flour, or any stale or unwholesome article, shall be fined not less than twenty dollars, nor more than one hundred dollars, for Punishment for injuring, &c., public pumps or wells. Punishment for injuring, break- ing or defacing street lamps, &c. Penalties. False weights, &c. Regratlng and engrossing. 30 CRIMES AND PUNISHMENTS. each offense, and upon a second conviction, shall he de- barred from the privilege of marketing within the city, and have any license he may have from the city for- feited or revoked hy the Council at any regular or called meeting thereof. § 34. That it shall not be lawful for any official or oflicia/’^or em- employe of the citv of Frankfort to make any contract ploye to con- " , . . , ^ . purciias?^'su?/ purchase ary supplies, in the name of the city, im- plies, &c. jggg necessity of said contract being made, and the purchase of said supplies be reported to the committee by the heads of departments, in writing, to whom the claim may be referred, and if said committee approve said contract or purcfiase, the chairman of said com- mittee shall issue an order authorizing said contract to be made or said supplies to be purchased, and the orders so given must be filed with the claims for con- tract or purchase, as a part of said claims, and as evi- dence of the justice of said claim. No claim will hereafter be allowed by the Council unless the provisions of the foregoing section are strictly carried out. § 35. That it shall be unlawful for any person or per- Punishment SOUS to shoot or explode dymanite, giant powder, guns, SWsives, &c. pistols, toy caunoii, sky rockets, Roman candles, torpe- does or other explosives of any kind whatsoever, within the limits of the city of Frankfort, and any one so offending shall be fined not less than five nor more than one hundred dollars. ; § 36. That if any person unlawfully shoot at an- Punishment other with intent to kill or wound such person, without for shooting at another. inflicting a wound, he shall be fined not exceeding five hundred dollars. Constructing 8 37. It shall not be lawful for any person to con- p r i V i e s o r ^ ^ Siout^ noticl struct, erect or dig or sink a privy or privy vault, pit adYoiihnl^own- or sink, witliiii twelve feet of any adjoining lot, within CRIMES AND PUNISHMENTS. 31 the limits of the city, witliout consent, in writing, of the owner of such adjoining lot. Any person violating this Ordinance shall be fined five dollars for each day he permits such privy or privy vault, pit or sink to remain within twelve feet of such adjoining lot, after he has been notified, in writing, by the owner of such adjoining lot to remove or fill up the same. § 38. That any person who shall take water from a public cistern, in the limits of the city of Frankfort, shall be fined five dollars for each offense, and each taking shall be deemed a separate offense. § 39. That it shall be unlawful for any merchant or any other person to keep in their places of business or any other place (except in the State magazine) in the limits of the city of Frankfort more than one keg of gunpowder, and one keg of blasting powder, at any one time. Whoever shall violate the provisions of this Ordi- nance, shall, on conviction, be fined not less than fifty dollars. § 40. That it shall be unlawful for the owners of cows or horses to permit the same to run at large in the city of Frankfort. Any person violating this Ordi- nance shall be subject to a fine of not less than five dollars, nor more than ten dollars, for each cow or horse so permitted to run at large. § 41. That hereafter it shall be unlawful for any per- son or persons to play baseball on Sunday within the corporate limits of the city of Frankfort, and any per- son or persons found playing baseball within the corporate limits of the city of Frankfort, on Sunday, shall be subject to a fine of not less than five nor more than ten dollars, recoverable by warrant before the Police Judge of the city of Frankfort. Punishment for taking water from public cistern. Unlawful for merchants to keep more than one keg of gun- powder and one of blasting powder. H o r s » s and cows prohib- ited from run- ning at large. Playing base - ball on Sunday. 82 OKIMER AND PUNISHMENTS. Street beggars. Punishment for selling ci- garettes. § 42. That it shall be unlawful for any person or per- sons, commonly known and recognized as street beg- gars, to engage in begging money or other charity upon the streets or in private residences or at public houses, and any person so offending, shall be arrested by the Police or other peace officers of the city, and brought before the Police Judge of the city or one of the Jus- tices of the Peace, residing in the city, and upon con- viction, such person, if above the age of fifteen years,, shall be fined not less than five dollars, nor more than twenty-five dollars, for each offense. It shall be unlawful for any parent, kinsman or guar- dian of any children under the age of fifteen years, to send or permit such child to beg upon the streets or at private residences, or at public houses, and upon the sworn statement of any such child that its parent, kins- man or guardian has sent or permitted such child to so engage in begging, it shall be the duty of the Police Judge, or any Magistrate residing in the city, to issue his warrant of arrest against such parent, kinsman or guardian, so charged with offending, and, upon convic- tion of said parent, kinsman or guardian, the punish- ment prescribed in section one shall be inflicted. All Ordinances in conflict herewith are repealed. § 43. That it shall be unlawful for any person or per- sons doing business in the city of Frankfort, to sell or offer for sale cigarettes or any other similar preparation of tobacco except cigars. I. Any person or persons having a license from the city of Frankfort to carry on any business violating the provisions of the foregoing section, shall subject himself or themselves to a suspension or forfeiture of such license, as the Council may in its judgment de- termine. II. Any person or persons not having a license to do RELATING TO FRANKFORT WATER COMPANY. 97 Ao. el4. RELATING TO FRANKFORT WATER COMPANY. All Ordinance providing for sup[)lying the city of Frankfort and its inhabitants with water for public and private purposes, granting the FrankfortWater Company of Frankfort, Kentucky, tlie franchise and license of con- structing and operatin-g water-works ; selling to the said company the water mains and its appurtenances owned by the Board of Council men of the city of Frankfort; contracting with the said company for fire hydrants, and giving the said city an option to purchase the said works. Be it ordained by the Board of Conncilmen of the city of Frankfort, in meeting assembled: § 1. It being expedient and necessary to provide a supply of water to the city of Frankfort and its inhab- itants for public and private purposes, and it being in- expedient for the said city to procure and furnish the said supply, the franchise and license is hereby granted to the Frankfort Water Company, of Frankfort, Ken- tucky, a corporation organized and existing under the laws of the State of Kentuck}^ and its successors and assigns, in perpetuity, but subject to the forfeiture here- inafter provided, to construct and operate in and near the said city water-works for supplying the city of Frank- fort and the inhabitants of the said city and of its vicinity with water for public and private purposes, and use within the present and future limits of the city of Frankfort the streets and other public ways and places and the Kentucky river, for the purpose of placing, taking up and repairing mains, pipes, hydrants and other apparatus for the supply of water. § 2. The Board of Conncilmen of the city of Frank- fort, deeming this course for the best interests of the city of Frankfort, and, in consideration of the sum of twenty 8 RELATING TO FRANKFORT WATER COMPANY. tliousaiid dollars cash in hand, to 1)6 j)aid to the Board of Councilmen of the city of Frankfort, within ten days from the acceptance of this Ordinance, hy tlie Frank- fort Water Company, tlie Board of Councilmen of the city of Frankfort grants, bargains and sells to the said company the water mains now owned by the Board of ■Councilmen of the city of Frankfon, in Franklin county and the city of Frankfort, and the valves and hydrants appurtenant thereto, and all the privileges, franchises and immunities therewith connected or ex- ercised by the Board of Councilmen of the city of Frankfort; and the Mayor is hereby authorized and in- structed to receive the said purchase money, and there- upon to execute and acknowledge and deliver to the Frankfort Water Company, for and in behalf of the Board of Councilmen of the city of Frankfort, a deed of conveyance for the said water mains and their said appur- tenances, and all the privileges, franchises and immu- nities therewith connected or exercised by the Board of Councilmen of the city of Frankfort; and the Clerk of the said Board is hereby authorized and instructed to affix the seal of the city to the said deed, and to. attest, acknowledge and deliver it for and in behalf of the Board of Councilmen of the city of Frankfort to the Frankfort Water Company, and the Board of Council- men shall, upon the delivery of said deed, account to the Frankfort Water Company for, and pay over to it, the unearned water rents collected up to the date of the delivery of the said deed; and the Frankfort Water Company shall account to the said Board for any water rates accrued to the said Board up to the date of the said delivery of the said deed, which the said company may thereafter collect, and ’the said company shall have the use of all the other plant of the water-works, owned ])y said Board, free of charge, and shall keep open the RELATING TO FRANKFORT WATER COMPANY. 99 the present water swpply by the said water-works so sold to it, until such time when it shall dig up the twelve- inch main now in use, for the })urpose of using it for constructing its new water-works. But the said Board of Council men shall not be chargeable for water used for fire purposes until the completion of the said new works. § 3. The said compan\ shall erect upon one of the hills south of the city of Frankfort two reservoirs, of an aggregate capacity of at least five millions of gal- lons of water, the flow line of which shall be at least two hundred and fifty feet above the intersection of Broadway and St. Clair streets, in the city of Frankfort, and the city of Frankfort shall be supplied from the said reservoirs. § 4. At such a point on the Kentucky river above the present city ‘sewerage, which the said company may elect, it shall erect a substantial stone or brick pump- ing station, of ample size to accommodate its pump- ing machinery, which shall be of the capacity of delivering into the said reservoirs two millions of gal- lons of water in twenty-four hours. The supply of water shall be taken from the bottom of the channel of the Kentucky river, at the point selected as hereinbe- fore described by the said company. § 5. All the water mains used by the said company shall be of the best quality of cast-iron, coated inside and outside with Dr. Angus Smitli’s patent coal tar varnish, and shall be tested at their place of manufacture to withstand a hydrostatic pressure of three hundred pounds to the square inch. There shall be laid in the following described places, water mains of the following described sizes: 1. From the pumping station to the reservoirs, twelve inches in diameter. 100 RELATING TO FRANKFORT WATER COMPANY. 5. In Holmes street, from High street to the third street east of it, six inches in diameter. G. In Clinton street, from Wilkinson street to the lot of the colored graded school, six inches in diameter. 7. In Broadwa}’’, from its foot to Main street, twelve inches in diameter. 8. In the Georgetown and Versailles pike, from Main street, to the eastern corporation line, six inches in di- ameter. 9. In Main street, from Wilkinson street to Broad- way, twelve inches in diameter. 10. In Wapping street, from Wilkinson street to St. Clair street, six inches in diameter. 11. In AVilkinson street, from Hill street to its foot^ six inches in diameter. 12. In AVashington street, from Hill to AA^apping street, six inches in diameter. 13. In Aladison street, from Clinton street to Broad- way, six inches in diameter. 14. In St. Clair street, from Hill to Clinton street, six inches in diameter. 15. In St. Clair street, from Broadway to its foot, eight inches in diameter. 16. In Lewis street, from Clinton to Broadwa}^, six inches in diameter. 17. In Ann street, from Broadway to Hill street^, eight inches in diameter. 18. In Ann street, from Broadway to its foot, fourteen inches in diameter. 19. In High street, from Holmes to Alain street, six inches in diameter. 20. In the Kentucky river, from the foot of Ann to the foot of Steele street, fourteen inches in diameter. 21. In Second street, from Fowler street to Judge Drane’s big gate, at the west end of Second street, eight inches in diameter. RELATING TO FKANKFOllT WATER COMPANY. 101 22. In Third street, from Conway to Murray street, six inches in diameter. 23. In Cross street,- from PTvving street to its foot, six inches in diameter. 24. In Todd street, from Steele to Logan street, six inches in diameter. 25. In Conway street, from Second to Campbell street, six inches in diameter. 26. In Steelo street, from its foot to Todd street, fourteen inches in diameter. 27. In Shelby street, from Second to Todd 'street, six indies in diameter. 28. In Logan street, from Second to Todd street, six inches in. diameter. 29. In Murray street, from Second to Todd street, six inches in diameter. And the said company agrees to extend its mains, upon the order of the Board of Councilmen of the city - of Frankfort, whenever the said Board shall agree to rent one additional fire hydrant for every four hundred feet so extended, or shall furnish one responsible con- sumer, by written contract for not less than three years, for every seventy-five feet of mains, at the rate of charges provided in this Ordinance. § 6. The said company shall furnish and set, at the places hereinafter mentioned, and connect with the said mains by brancli pipes of the diameter pf six inches each, one hundred fire hydrants of modern and appropriate pattern and good efficiency, each having two nozzles of the diameter of two and one-half inches ■each, their thread fitting the hose couplings now used by the fire department of the city of Frankfort. ' The said hydrants shall be located at the following named places : 1. Corner of Hill and AVilkinson streets. 102 KKLATIN(i TO FRANKFORT WATER COMPANY, 2. Corner of Hill and Washington streets. 3. Corner of Hill and St. Clair streets. 4. Corner of Hill and Ann streets. 5. Corner of Mero and IVllkinson streets. (). Corner of IMero and AVashington streets. 7. Corner of Mero and St. Clair streets. 8. Corner of Mero and Ann streets. 9. Corner of Mero and High streets. 10. Holmes, half way between High and the first street east of it. 11. Holmes, and the first'street east of High street, 12. Holmes, and the second street east of High street. 13. Holmes, and the third street east of High street, 14. Corner of Clinton and Wilkinson streets. 15. Corner of Clinton and AVashington streets. 16. Corner of Clinton and Aladison streets. 17. Corner of Clinton and St. Clair streets. 18. Corner of Clinton and Lewis streets. 19. Corner of Clinton and Ann streets. 20. Corner of Clinton and High streets. 21. Clinton, in the center of the penitentiary front, 22. Clinton, in the east line of the penitentiary front. 23. Clinton, three hundred feet east of the said east line. 24. Clinton, at the west line of the colored graded school. 25. Foot of Broadway. 26. Broadway, corner of alley between river and AVilkinson streets. 27. Broadway, corner of AVilkinson street. 28. Broadway, corner of alley between AVilkinson and AVashiiigton streets. 29. Broadway, corner of AVashington street. RELATING TO FRANKFORT WATER COMPANY. 103 30. Broadway, corner of Madison street. 31. Broadway, corner of St. Clair street. 32. Broadway, corner of Lewis street. 33. Bi'oadway, corner of Ann street. 34. Broadway, corner of alley between Ann and and High streets. 35. Broadway, corner of High street. 36. Broadway, corner of Main street. 37. Georgetown and Versailles pike, 400 feet east of Main street. 38. Georgetown and Versailles pike, 800 feet east of ^lain street. 39. Georgetown and Versailles pike, 1,200 feet east of Main street. 40. Georgetown and Versailles pike, 1,600 feet east of Main street. 41. Georgetown and Versailles pike, at eastern cor- poration line. 42. Main, corner of Wilkinson street. 43. Main, corner of alle}^ between Wilkinson and Washington streets. 44. Main, corner of Washington street. 45. Main, corner of alley between Washington and St. Clair streets. 46. Main, corner of St. Clair street. 47. Main, corner of Lewis street. 48. Main, corner of Ann street. 49. Main, corner of alley between Ann and High strec^ts. 50. Main, corner of High street. 51. Wapping, corner of AVilkinson street. 52. Wapping, corner of alley between Wilkinson and Washington streets. 53. AVapping, corner of AVashington street. 54. AVapping, corner of alley between AA^ashington and St. Clair streets. an IlKLATING TO FRANK FOKT WATER COMPANY. 55. Wapping, corner of St. Clair street. 5(). Wilkinson, half-way between Clinton and Broad- way streets. 57. Foot of Wilkinson street. 58. Madison, half-way between Clinton and Broad’ way streets. 5b. St. Clair, cornier of Blanton street. 60. St. Clair, half-wa}^ between Broadway and Main streets. 61. St. Clair, half-way between Main and Wapping streets, 62. Foot of St. Clair street. 63. Ann, corner of Blanton street. 64. Foot of Ann street. 65. High, half-way between Merc and Clinton streets. 66. Second, corner of Ewing street. 67. Second, corner of alley between Ewing and Bridge streets. 68. Second, corner of Bridge street. 69. Second, corner of Steele street. 70. Second, corner of Shelby street. 71. Second, corner of Main street. 72. Second, corner of Logan street. 73. Second, corner of Murray street. 74. Second, corner of Fowler street. 75. Second street, at west end, at Judge Drane’s big gate. 76. Todd, corner of Murray street. 77. Third, corner of Conway street. 78. Third, corner of Steele street. 79. Third, corner of Shelby street, 80. Tnird, corner of Main street. 81. Third, corner of Logan street. 82. Third, corner of Murray street. KKLATINO TO FRANKKORT WATER COMPANY. 105 83. Murray, corner of Campbell street. 84. Cross, corner of Ewing street. 85. Cross, corner of Conway street. 8G. Cross, corner of Steele street. 87. Cross, corner of Shelby street. 88. Cross, corner of Main street. 89. Cross, corner of Logan street. 90. Cross, corner of Murray street. 91. Cross, corner of Fowler street. 92. Foot of Cross street. 93. Todd, corner of Steele street. 94. Todd, corner of Shelby street. 95. Todd, corner of Main street. 96. Todd, corner of Logan street. 97. Foot of Steele street. 98. Steele, corner' of Campbell street. 99. Shelby, corner of Campbell street. 100. Logan, corner of Campbell street. The said Board of Councilmen shall have the righb upon the mains hereinbefore located, to put in and maintain, at its own cost and expense, any intermediate fire hydrants, free of charge for water. § 7. There shall be no unreasonable obstruction of the public ways of the said city by^the said company? in constructing the said works, 'or in placing, taking up or repairing any main, liN^lraiit or other structure or device for the service of water; and the said company, after using the said public ways, shall restore them, within a reasonable time, to as good condition as before, arid shall hold the said city harmless from any and all damages arising from negligence or mismanagement of the said company, or of its employes, in constructing, extending or operating the ‘-'aid works. In all street ex- cavations the said company shall kee]) red danger lights burning at night along the line of the said excavations, lOG RELATING TO KRANKFOKT WATER COMPANY. at leiist one light every one hundred and fifty feet, and shall erect barricades at the ends of the excavations, and at all street crossings on the line of the said excava- tions. § 8. The said company shall begin its construction within ninety days from the acceptance of this Ordi- nance, and shall have the said works in successful op- eration on or before the first of July in the year 1885. § 9. The said company shall test the power and ca- pacity of said works, on their completion, under the supervision of the said city, when they shall throw, from separate hydrants , in the business part of the said city, six simultaneous fire streams through a section of hose and a one-inch nozzle ; and when they shall throw at another time, from separate hydrants in the residence part of the said city, four simultaneous fire streams through a section of hose and a one-inch nozzle. § 10. At the . expiration of ten years from the com- pletion of said works, the said city shall have the right to purchase the said works at a fair valuation, to be agreed upon between the said city and the said com- pany. And, in the event that they fail to agree, the said city shall have the right to have three disinterested ap- praisers appointed; one to be appointed by the said city, one by the said company, and the third by the two so appointed. Before the said three persons de- termine the said value the said city and the said com- pany shall each have the right to produce expert evidence, under oath, before the said three persons as to such value, whereupon the said three persons shall pro- ceed to determine the said value, and in so doing they shall take into consideration the productive value of the said works, and the said city shall have then the option of purchasing or of refusing to purchase at the RELATING TO FRANKFORT WATER COMPANY. 107 said price so determined; and if it sliall elect to pur- chase, it shall pay the said sum witiiin three months from the day of the said award, but if it shall fail or refuse so to ‘purchase, it shall pay the necessary ex- penses incurred by the said company about the said award. But if the said city-shall determine to avail itself of this right it shall give the said company written notice of its intention to call for such appraisement, at least one year before the expiration of the said ten years. g 11. In consideration of the benefits which will be derived by the said city and its inhabitants from the construction and operation of the said water-works, and in farther consideration of the water supply hereby secured for public uses, and as the inducement for the said company to enter upon the construction of the said water-works, the franchise and license hereby granted to and invested in the said company, its suc- cessors and assigns shall remain in force and effect in }*erpetuity subject to the forfeiture hereinafter provided, and for the same consideration, ami as the same induce- ment the Board of Councilmen of the city of Frank- fort hereby rent of the Frankfort Water Company, of Frankfort,' Kentucky, for the uses hereinafter men- tioned, the above described one hundred hydrants for and during the term of twenty-five years from the completion of the said works. And ihe Board of Councilmen of the city of Frankfort agrees to use the said hydrants careful'y and to pay the said company for any injury which may happen to any of tliem, when used by any officer or ser- vant of the said city or any member of its Fire Depart- ment, and it agrees to pay rent for the said one hundred hydrants at the rate of sixty-two and fifty one hunredths dollars ($62.50) each per annum, in all the sum of six thousand' two hundred and fifty dollars per annum, for 108 ]Ui:lating to fkankfort water company. the said term of twent 3 '-five years; which rent shall be })aid in semi-annual installments, of thirty-one hundred and twenty-five dollars each, on the fii-st days of Jan- uary and July of each year of the said tertn. And it being understood that the Frankfort Water Comi)any will make and issue, on the first day of July, in the year 1885, its one hundred and twenty-five fii’st mortgage coupon bonds, of the denomination of one thousand dollars each, numbered consecutively, one to one hundred and twenty-five, both numbers inclusive, in all amounting to one hundred an . twenty-five thousand dollars, dated the first day of July, in the year 1885, and payable twenty-five years thereafter, to Grant Green, trustee or bearer, bearing five per centum interest per annum'from their date, payable semi-annu- ally, for which interest there will be attached to each of the said bonds fifty coupens, each for twenty-five dollars, payable at the Bank of America, in the city of New Fork, and the said coupons consecutively and correspondingly numbered and matured; the first pay- able January 1st, 1886, and the others in regular intervals of six months thereafter, and the last July 1st, 1910; the total semi-annual interest being thirty- one hundred and twenty-five dollars. The Board of Council men of the city of Frankfort assumes to pay all of the said coupons of all of the said bonds to the holder and holders of the said coupx)ns, according to their tenor,' and when and as the said coupons respectively mature, in liquidation of the said rent of the said one hundred livdrants, and herebv authorize and instructs its City Clerk to sign a certifi- cate on the back ot s;ud bonds to that effect, and to affix the seal of tlie said city to such certificate. And at the expiration of the said twenty-five years, unless4he Board of Councilnien of the city of Fiainkfort shall KELATING TO FKANKFOUT WATER C()MPANA^ 109 have purchased the said works, it sliall renew the said contract for the rent of the said hydrants for another term of twenty-live years, and a sufficient tax shall be levied and collected annually, on the taxable pro}>erty in the city of Frankfort, to meet tlie payments under this Ordinance when and as they will respectively mature, and the rentals of any additional fire hydrants on ex- tensions during the existence of this franchise and license shall be at the annual rate of fifty dollars ($50) each. § 12. The fire hydrants so rented of the said company shall be used for the extinguishment of fires only, and for flushing gutters *and sewers. All flushing shall be done through a hose and tire nozzle, and for such pur- pose no one hydrant shall be used exceeding thirty minutes per week, nor shall more than one hydrant opening be used for such purpose at any one time, nor shall any flushing be done during a fire, nor wdthout notice to the said company. § 13. The said company shall constantly, day and night, except in case of any unavoidable accident, keep all fire hydrants rented of it by the said Board of Councilmen of the city of Frankfort supplied with water for instant fire service, at sufficient pressure to do away, within the reach of said hydrants, with the aid of steam fire engines. The Chief of the Fire Depart- ment, or, in his absence, the officer in charge thereof, shall have charge and control of the said fire hydrants, and may at anytime cause such hydrants to be inspected; and if, on such inspection, any of the said hydrants are found out of working order, it shall be his duty to notify said company, in writing, forthwith, specifying the hydrant or hydrants out of working order, whereupon the said company shall place such hydrant or hydrants in effective working order with reasonable dispatch, and 110 RELATING TO FRANKFORT WATER COMPANY. tho said officer sliall report to the said Board of Coun- cilmen of the city of Frankfort the date of .such exam- ination and the result thereof, and his subsequent action in the premises, if any; and in case any of such hydrants shall remain out of repair for one week or more, after the said company shall have been so notified in writing, the said company shall pay the sum of ten dollars per week for each and every hydrant, for the period said hydrant is not in working order, after the said notice; provided that the total amount so to be paid shall not exceed double the yearly rental of such hydrant or hydrants; and in case the said water-works shall, after their completion and* successful operation, suffer a suspension of the supply of water, for both domestic and fire purposes, exceeding thirty days, then and in that case the said company shall forfeit all fran- chises hereby granted, unless such suspension shallhave been caused by circumstances beyond the control of the said company. § 14. The said compan}^ shall not charge to com- sumers, during the continuajice of the franchise granted by this Ordinance, exceeding the rates prescribed in the “Revised Tariff of Water Rents of the Louisville Water Company,” adopted in the year 1878, and hereto appended as a part hereof, which rates it may collect in semi-annual installments in advance; but it shall have the right at its will at any time to insert a meter into the service pipe of any consumer, if it shall be- lieve that such consumer has allowed any waste of water and to supply such consumer thenceforth at meter rates. The connections between the mains of the said com- pany and its consumers shall be made by and at the expense of the resi)ective consumers, but for making the tap for the connections now in the streets of the RELATING TO FRANKFORT WATER COMPANY. Ill city of Fi-ankfort the said company shall exact no charge. § 15. This Oidinance shall become binding as a con- tract on the Board of Conncilmen of the city of Frank- fort in the event that the Frankfort Water Company, of Frankfort, Kentucky, shall, within twenty days from the passage of this Ordinance, file with the Board of Conncilmen its written acceptance of the terms and conditions of this Ordinance, and upon such acceptance this Ordinance shall constitute the contract and shall be the measure of the rigdits and liabilities of the Board of Conncilmen of the cit}^ of Frankfort and of the Frankfort’ Water Company, of Frankfort, Kentucky. § 16. The Mayor and the Clerk of the city of Frank- fort are hereby authorized and instructed to seal dupli- cate copies of this Ordinance, upon its said acceptance, with the common corporate seal of the Board of Coun- -cilmen of the city of Frankfort, and to sign the same as such contract in the name and in behalf of the Board of Conncilmen of the city of Frankfort, and to deliver one of the said copies, so signed and sealed in behalf of it, to the Frankfort Water Company, of Frankfort, Kentucky, and to accept the other when signed and sealed by the said company, in behalf of the Board of Conncilmen, and to cause it to be properly acknowledged and recorded according to law in the office of the Clerk of the Franklin County Court. § 17. Nothing contained in this Ordinance shall be so oonstrued as exempting the property of the said com- pany within the city limits from taxation for city purposes. § 18. This Ordinance shall take effect at its passage. The Vice-President and Secretary of the Frankfort Water Company being present, thereupon presented to 112 RELATING TO FRANKFORT WATER COMPANY. the Board of Coimcdlmen their acceptance of the above Ordinance, which acceptance is as follows: Office of the Frankfort Water Company, ) OF Frankfort, Kentucky, July 28, 1884. / To the Board oj Councihnen of the City of Frankfort: Gentlemen: — Please take notice that the Frankfort Water Company hereby accepts the terms and condi- tions of the Ordinance of the Board of Coimcilmen of the city of Frankfort, passed by it at its meeting to-day, entitled: ^'An ordinance providing for supplying the City of Frankfort and its inhabitants with \vater for public and private purposes, granting the Frankfort AVater Company, of Frankfort, Kentucky, the franchise and license of constructing and operating tvater-works; selling to the said company the water mains and its appurtenances owned by the Board of Councihnen of the city of Frankfort; contracting with the said com- pany for fire hydrants, and giving the said city an option to purchase said works.’’ AVitness the corporate seal of the Frankfort AA^ater Company, attested by the signatures of its A^ice-Presi- dent end Secretary, the day and year first above written. \^ery respectfully. The Frankfort WA^ter Company, of Frankfort, Kentucky, By J. Stoddard Johnston, its Vice- President, And by Wm. Reinecke, its Secre- tary. On motion of Councilman Drane, the said acce^^tance was received by the Board of Councilmen and ordered to be recorded on its journal. KEVENTE AND TAXATION. 65 cate, statinu- tlie purchase and price, a description of the property, name of the owner, time and place of sale, for what years, and what amouiit of taxes or dues, fees and costs. AVlienever a levy or sale shall be neces- sary, in the collection of city taxes or assessments, the Marshal shall be entitled to a fee of twenty-five cents for making such levy on, and twenty-five cents for ad- vertising each parcel, no unnecessary division to be made. § 3. Property which has been sold for taxes shall afterwards, until redeemed, be assessed for taxation against the holder of the tax titles but when thfe city is the holder of said title, the tax bill therefor shall not be delivered to the Marshal. § 4. Peal estate sold for city taxes or assessments may be redeemed by the person who owned it at the time of such sale, or by his or her heirs or assigns, within two ^^ears from and after the day of sale, by paying to the purchaser, his heirs or assigns, the amount of the purchase money paid on said tax sale, with the fees and cost of selling, and all subsequent taxes which may have been paid by the purchaser on said property, togelher with interest on the whole at the rate of twenty per centum per annum; or, if the city be the purchaser, the purchase money, including fees and costs of sale, and all taxes subsequently as- sessed against the property, together with like interest, shall be paid on redemption. § 5. The Marshal shall make a written report to the Council of each and every sale for city taxes or assess- ments, which shall l)e filed by the Clerk, and kept in his office for inspection by any person interested; and on the expiration of said two years from and after the sale, if evidence of the redemption of such property be not filed with the Clerk of the Board, the Marshal 5 Marshal’s fees In case of levy for taxes. Taxes assessed against holder or tax title. Redemption of property sold for taxes. / / Marshal to re- port tax sales. Report to be filed by Clerk for inspection of parties. m RICVEXUE AND TAXATION. Shall convey property not redeemed to purchaser. Council to pass order li x i n g time for tfix- hook to remain in hands of Treasurer. Book to be placed in hands of Marshal, and Marshal to ad- vertise sale of property on first Monday in Decern her of each year shall execute a deed to the purchaser, his heirs or as- signs, upon presentation of the certificate of purchase, and the payment or tender of a fee for making said deed of one dollar. § 6. After the tax-book has been delivered to the Treasurer by the Clerk, it shall be the duty of the Council to pass an order fixing upon the time the same shall remain in the possession of the Treasurer; and if the taxes, or any part thereof, are not paid in the time prescribed, the tax-book shall be returned to the Clerk, and, after being placed in the hands of the Mar- shal, it shall then be the duty of the Marshal to adver- tise for one month next preceding the day of sale, by weekly publications in the newspaper of the Public Printer, a list of all the lots and fractions of lots within the citj of Frankfort on which taxps are due and un- paid, with the names of the persons in which said lots and fractions of lots were assessed for taxation, and the amount of taxes due thereon, and, on the first Monday in December of each year, said Marshal shall expose to public sale, at the court-house door in the city of Frankfort, all lots and fractions of lots, or so much thereof as may be necessary, to satisfy the city taxes and assessments that may be due and unpaid on the said first Monday in December of each year, making the proper deed and conveyance to the purchaser thereof, and performing such other duties in the pre- mises as are provided in an act, entitled ‘^An act to amend and reduce into one the several acts in relation to the city of Frankfort,” Approved March 16th, 1869. S E E US B I r A D K T 1 1 E E B . G7 ai^niNANCB Na, 2H. That so mucli of section 2 of General Ordinance No. 27, as requires the Treasurer to attend tlie sales by the City Marshal, for taxes or other assessments due the cit 3 q and bid for or buy the property so sold for the ’nity, be, and the same is hereby, repealed. ORDINAjS^CB No. 29. SEWERS. § 1. It sliall not be lawful for any person or persons to sink or construct a private sewer in any of the public streets or alleys of the city, without first obtaining permission to do so from the Board of Councilmen. Any person violating this Ordinance shall be fined twenty-five dollars. ORDINANCB No. 30. SHADE TREES. § 1. It shall be deemed unlawful for any person to stand or tie a horse or mule so near to any shade tree, standing on any street, alley or sidewalk within the city, that such horse or mule can damage the same by biting or otherwise; or for any person to cut, hack, bark, de- face or in any other manner injure any shade tree on any street, alley or sidewalk within the city. Any person violating the provisions of this Ordinance shall be fined, for each offense, not less than five dollars, nor more than twenty dollars. Provided, That the owner of any lot may remove any tree from the sidewalk, street or alley immediately binding upon his said lot, but only such as are on the same side of such street or alle}^ § 2. Any person who shall be convicted of defacing or injuring any fruit trees in the city, or taking fruit Treasurer not required to at- tend Marshal’s sales for taxes. Consent of Board necessa- ry to authorize private sewers. Fine $25. Horse not to be hitched near shade tree. Shade tree not to be cut or in- jured. Penalty. Proviso. 68 SIDEWALKS. Width of side- walks— Council to prescribe. New sidewalks, or repairs on old ones, to be published when ordered. Street Commit- tee to super: n- tend p a V e - ments. Carbini'. Drains. Sidewalks 1 u South Frank- fort, how re- paired. til ere from, shall be fined not less than five dollars, nor more than ten dollars, for each offense; ORniN.YNCIS :Vo. 31. SIDEWALKS. § 1. The width of all sidewalks hereafter made shall be prescrilied by the Council, in the order providing for the improvement of the street, or by resolution. § 2. Whenever an order, Ordinance or resolution shall be passed by the Council to cause the curbing, grading and paving, or recurbing, repaving or lepair- ing any sidewalk, the Mayot shall cause diligent search to be made by the Marshal to ascertain the names of the parties owning the grounds fronting on such side- A\:alks, and within ten days after the passage of such order. Ordinance or resolution, he shall give notice as required by section 10 of act of 1869; and if such work be not done in accordance wdth such notice, the Mayor shall cause it to be done in pursuance of the Ordinance regulating the proceeding. § 3. It shall be the duty of the Street Committee to see that all sidewalks ordered to be paved and curbed, or repaved and recurbed, shall be of uniform grade, that the brick are good and suitable for the purpose, compactly secured, and uniformly laid, with the proper amount of sand underneath the pavement. They shall see that the curbing is good and sufficient, and that it is straight and well set, or, if the old curbing be of good quality, that it is straightened and made uniform. They shall see that proper drains from streets, alleys and gutters are made. § 4. That from and after this date, all persons own- ing property in South Frankfort, in front or along wliicli sidewalks have heretofore been made at the ex- ^ STREETS AM) ALF.EYS. G9 pense of the city, shall be required to put and keep ill good repair the sidewalks adjoining their resjiective properties; and failing to do so, the same shall be put in repair in the same manner as now prescribed by the City Charter and Ordinances for the sidewalks in North Fiauikfort. Oi?DZAAACB Ao. 32 , STREETS AND ALLEYS. § 1. Every street which may be hereafter improved shall have a carriage-way ^f uniform width equal to two-thirds of the original established width of the whole street. § 2. When an order is hereafter passed directing a street, or any portion thereof, to be graded and paved, without specifying the character of the grade and pave- ment, the same shall be done as hereinafter provided. § 3. The grading shall be executed, shaped and crowned as the Street Committee may direct, and the surface well rolled with street roller of sufficient weight, before any stone or gravel is laid on it. Where there is excavation, the sides shall be sloped as much as may be necessary to prevent the earth from falling on the curb or gutter when laid; and where there is embankment, the sides shall be tilled and sloped as much as may be necessary to sustain the curb when laid firmly in position. § 4. Paving shall be executed as follows: I. To support the pavement there shall be a line of curbstones, each of which stones, when dressed, shall not be less than four inches wide on the upper face, and not less than two feet long. AVhere the gutter is twelve inches or less in depth, the curb-stone shall not •be less than twenty-four inches deep; and where the Wi Itli of car- riage-way. Grading a n paving — ho regulated. (trading to be directed by Committee on Streets. Excavation. Embankme n t . Paving. Curb-stones. ^ p. 70 STIUSETS AND ALLEYS. Gutter pave- ment. how con- structed. gutter is more tlian twelve inches deep, they shall not he less than twice the depth of the gutter. All curb- stones shall have a full square joint on the ends^ not less than four inches deep, in addition to the depth of the gutter; the exposed top and front faces shall be neatly l)ush-haminer dressed to an even regular face — tlie up})er face to have the same level as the sidewalk; the front face shall be cut not less than ten inches dee}), and the back face not less than four inches deep^ from the to}>; the remainder of the front face shall be- scabbled or dressed evenl}^ to admit a close joint with the shoulder of the }3avement. All curb-stones shall be of good hard, sound linmslone, free from flaws, dry seams or cracks. All curb-stones shall be laid true to line and grade ; the s}3ace between the curb and exca- vation or embankment shall be filled with earth or gravel, and well rammed, to the to}D of the curb. II. In order to drain the streets, there shall be a gutter-}3avement laid on each side of the carriage-way next to the curb, to the width of not more than three feet, nor less than eighteen inches from the face of the curb, which shall be executed as follows: Not less than twelve inches from the face, and eleven inches below the top of the curb, there shall be laid a line of gutter- stones, each of which shall be six inches wide, not less than twelve inches long, and not less than eight inches deep; between the line of curb-stones and the line of gutter-stone there shall be laid two courses of paving- stones to fill the spaces, fonned of good hard limestone, not less than eight inches long, and not less than eight inches deep; they shall be laid on a uniform bed par- allel with the curb, and beveled on their upper surface, so that the shoulder at the face of the curb will not be less than three inches higher than at the edge next to the gutter; the edges, ends, face and sides of the stones- STREETS AND ALLEYS. 71 shall be dressed straigdit and square in shape, so as to form good joints, faces and beds. The pavement be- tween the course of gutter-stones and the street, next to the gutter-stones, shall be composed of three longi- tudinal courses of paving-stones, not less than six nor more than eight inches wide, nor less than ten inches long, nor less than ten inches deep; they shall be dressed in the same manner as the paving-stones be- tween the gutter and the curb-st''ues, except that the upper face shall be square; they shall be laid straight and true to the grade, shape and crown of the street, and even and regular on the surface, and on a uniform bed, each course to be of a regular width between ad- jacent intersections. The gutter-pavement at the inter- sections shall be coursed and laid parallel to the line of gutter-stones, whether straight or curved, and in the manner prescribed for other portions of the gutters, except that the paving-stones shall be twelve inches deep, and laid not less than two nor more than two and a half feet on either side of the gutter-stones. In laying all street pavements, the joints are to be well broken, and filled with clean gravel, and the pavement shall then be swept off and well rammed with fifty- pound rammers. ' III. Foot-crossings, when laid, shall be fonned of not less than two courses of stone,’ not less than ten inches wide, twelve inches deep, and not less than two feet long, and be dressed with' good full square beds, joints and faces, to be laid not exceeding ten imdres apart, and the space between well filled with paving- stones. IV. The pavement of the carriage way between the gutter-pavements shall be composed of stones of uni- form size, carefully, and closely laid by hand, from gut- ter-pavement to gutter-pavement, on the bed of the Intersection. Foot-crosslngsk Carriage-way.. 72 STREETS AND ALLEYS. Materials to used. Forfeiture contract. street, the largest sides down and points up. This bed of stone shall be not less than seven nor more than eight incdies deep at the center, and not less than six nor more than seven inches deep at the sides. On this silh-pavement shall he laid broken stone of such size as will pass through a two and a half inch ring, or of that size as near as practicable, to the depth of not less than six inches. When the street pavement is thus finished, it shall be as nearly as practicable of uniform depth, not less than twelve inches at the sides, nor less than thirteen inches at the cenfer line of the street, and of the proper crown, and true to grade, and shall be properly and sufficiently rolled and settled. § 5. All materials used in the work shall be of ^the to® best quality to be obtained near the city, and such as the Street Committee shall approve; and all inferior materials condemned or rejected by the Street Com- mittee shall be removerl, without delay, from the site of the work, at the expense of the contractor, as well as all rubbish, surplus and refuse materials. When the whole, or any part of the work on a street, does not, in the opinion of the Mayor and Couiicil, comply with these specifications, then it may be made to con- form thereto at the expense of the contractor. § 6. Should the contractor fail to execute the work within the time stipulated, he shall forfeit his contract, and be entitled to no compensation for the work done; but the time fixed for the completion of the work may, for any cause deemed sufficient by the Council, be ex- tended by resolution; and the receiving and appor- tioning of the cost of any work by the Council after the time when, by aontract, it should have been com- pleted, shall be regarded as an assent to the extension of the time named in the contract. STREETS AND ALLEYS. 73 § 7. The contractor shall look entirely to the owners of ground fronting the improvement made by him for compensation for his work. When the work shall be received as completed, the Council shall apportion the cost thereof among the owners of ground fronting the improvement, and shall guarantee to the contractor a lien on the same for the value of the work; but the city will not be liable to au}^ extent, should the con- tractor fail to establish his lien by reason of any de- fectiveness of his work, or any other default of his own, notwithstanding the work may have been re- ceived. § 8. The Street Committee is authorized and em- powered to secure the services of some competent person to sepervise the repairs of the streets, alleys, &c., whenever they think the services of such person are necessary, and the Clerk is hereby directed to draw his warrant on the Treasurer in favor of such person so employed, at the rate of fifty dollars per month for such time as said committee may certify he has been actually employed. § 9. The street Committee are further authorized, whenever occasion may require or the Council may direct, to secure the services of a competent Engineer, to make such surveys as may be necessary, and said Engineer shall receive such compensation as may be agreed on by said committee and himself, to be ap- proved by Council. § 10. The Street Supervisor, employed under the eighth section of this Ordinance, shall discharge all the duties heretofore discharged by the Street Com- missioner. Property - hold- ers responsible for cost of Im- provements. Cou icll to ap- portion cost and f^uarantee lien to contrac- tor. City not liable if lie fail to es- tablish hi 5 lien. Power to Street Committee to employ some one to supervise repairs of streets, &c. street Commit- tee authorized to secure serv- ices of compe- tent engineer. 74 UNLOADING DIRT Ol’.STUUOTIXG STREETS, AC. Tnlawful to un- load dirt at ends of any street leading to the Kentuci y river. All dirt gath- ered on streets to be unloaded on the unim- proved streets. Enclosing o r obstructing streets or al- leys. OUnfN XNClS Na, 33, UNLOADING DIRT. § 1. That it shall be unlawful for any person to un- load any dirt at tlie terminus of any street leading to the Kentucky river. Any person violating, this Ordi- nance shall be subject to a fine of five dollars for each offense. § 2. That the Street Commissioner is directed to see that all dirt gathered on the streets is hauled and un- loaded on the unimproved streets of North and South Frankfort. OjROIAAACB iVo. OBSTRUCTING STREETS, &C. § 1 That all persons having an}^ street or alley, or other public grounds of this city, inclosed in whole or in part, or in any manner obstructed, or in use for any other than the purposes for which they are by law in- tended, are required and directed, within sixty days after the adoption of this Ordinance, to remove their fences or other obstructions, of any and every kind^ from such streets, alleys and public grounds: Provided^ That any person affected by the provisions of this Ordinance may, within the said sixty days, make written application to the Council, in which the title and rights of the city are to be recognized, and may, at the direction of said Board, obtain leave to continue the in closure or obstruction for such time as said Board may deem proper. RELATING TO EXCAVATING IN STREETS. 75 OUmSANCB Nu. 3a, RELATING TO EXCAVATING IN STREETS. § 1. That before iiny person shall be permitted to make an excavation for a sewer, or other work of like character, in the streets of the city, he or they shall first obtain a permit from the City Clerk, to be granted by said Clerk upon' the execution of an obligation to the city in the following form: I (or we), , principal, and , surety, are firmly held and bound unto the Board of Conncilmen of the city of Frankfort, in the penal sum of one hundred dollar.-, for the payment of which sum we bind ourselves firmly by these presents. The condition of this bond is such that, whereas, said is granted permission to make an excavation for a on street, in the city of Frankfort, now if said shall complete said work within * days from date hereof, and if within thirty days from completion of said work, shall restore the street so excavated in as good condition as before said excavation was made, then this bond shall be null and void, otherwise it shall remain in full force and effect. As witness our hand and seal this day of , 18—. §. 2. Any person who shall make an excavation in the streets of the city without first obtaining the pei- mit herein named, shall be subject to fine of one hun- dred dollars for each said offense. § 3. It shall b*^ the duty of the City ivlarshal to re- port all infractions of this Ordinance promptly to tin City Attorne}", whose duty it shall be to at once bring suit for its violation, either in specific penalt}^ or upon the bond of the person in default. Permit to te obtained a n d bond to be given. Form of bond. Penalty. Marshal to re- port all Infrac- tions. 7G OBSERVANCE OF SUNDAY TAVERNS COFFEE-HOUSES. Observance of Sunday. Laws of State to be complied with. Tavern bond. § 4. Tlie City Clerk shall keep a supply of blank bonds in liis ofhce, of the form and for the purpose herein designated, and shall keep a record of said bonds, and hie same in the records of his office. OUniXAJSCB Ao. 36. OBSERVANCE OF SUNDAY. § 1. No work or business shall be done on Sunday, except the ordinary household offices, or other work of necessity or charity. If any person on Sunday shall liimself be found at his own, or any other trade or calling, or sliall employ his apprentices, or other. per- son, in labor or other husiness, whether the same be for proht or amusement, unless such as is permitted above, he shall be hned not less than two nor more than hfty dollars for each offense. Every person or apprentice so employed shall be deemed a separate offense. Persons who are members of a religious so- ciety, who observe as Sunday any other day in the week than Sunday, shall not be liable to the penalty prescribed in this section, if they observe as Sunday one day in each seven, as herein })rovided. ORDINANCE No. 37. TAVERNS AND COFFEE-HOUSES. § 1. In addition to the requirements of the City Ordinances, all tavern-keepers and vendors of spirit- uous liquors by retail shall comply with all the require- ments of the State laws before license shall be granted them. § 2. When any license to keep a tavern, with the privilege of retailing spirituous liquors, is issued, the bond shall be in form as required by the Statute Laws TAVERNS AND COFFEE-HOUSES. 77 of Kentucky. When a license is to keep a coffee- house, the bond shall be in substance as follows : ‘‘Know all men by thes^^ presents, that we, , ^ Coffe e • h 0 u s e and , his sureties, are held and firmly bound to the Board of Councilmen of the city of Frankfort in the sum of five hundred dollars, for the payment of which we bind ourselves, our heirs, execu- tors and administrators, firmly by these presents. “Witness our hands and seals this — day of , 18 —. “The condition of the above obligation is such, that whereas the said has obtained a license to keep a coffee-house on , in the city of Frankfort, for the term of one year; now, if the said shall keep an orderl}^ and quiet house, and not permit gaming or riotous or disorderly conduct therein, and shall not unlawfully sell, give, or loan any spirits of any • kind to a minor or an inebriate, and shall not keep open his bar, nor sell, nor offer for sale, any spirituous, vinous or fermented liquors on Sunday, and shall other- wise comply with all the Ordinances of the city of Frankfort in relation to coffee-houses and coffee-house keepers, then this obligation to be void, otherwise to remain in full force and virtue. (Signed), “ , [l. s.] “ , [L. S.] “ , [L- S.] “Approved by the Board. “Attest : , Mayor'' § 3. V/hen any tavern or coffee-house license is granted by the Council, the bond executed and ap- proved, the State and city tax paid, and all the require- ments of law and city regulations complied with, the Clerk shall issue a certificate of license to the person to whom granted in substantially the following form : 78 TREASURER. Form of license VIolat ion of bond. $25 to $100 fine. Policeman not to sell liquor. When to enter on duties. “Tliis is to certify, that has ob- tained a license for one year Irom the date hereof, to keep a (colfee-liouse or tavern with the privilege of re- tailing liquor), at (give location of house), he having i>aid into the Treasury of the city of Frankfort the sum of dollars for the city, and dollars for the State, the price thereof, and exe- cuted the bond required by the law of the State and Ordinances of the city; this license is gran-ted on con- dition that the said shall observe the laws of the State and Ordinances of the city applicable to his business, shall not unlawfully sell, give or loan any spirituous licjuors to minors or inebriates, and shall not keep his bar open on Sunday for the purpose of retail- ing liquor, and shall not retail liquor on Sunday. ^‘Witness , Clerk of the Board of Coun- cilmen of the city of Frankfort, this day of , 18—. , Clerkr § 4. A conviction of the violation of any of the pro- visions of the bond of a tavern or coffee-house keeper shall subject the offender and his sureties to a fine of not less than twenty-five nor more than one hundred dollars. § 5. The business of retailing spirituous liquors shall be incompatible with the office of Policeman in the city. Any Policeman who shall hereafter keep a coffee- house or tavern, or be interested therein, where liquor is retailed, shall thereby forfeit his office. ORniNA^NCB Na, 38. TREASURER. § 1. The Treasurer sliall enter upon the discharge of his duties within one month from the time of his elec- tion. He shall, upon assuming the functions of his of- TREASURE II. 79 fice, take an oath before the Police Judge, or some officer dill}’ authorized by law to administer oaths, faith- fully to dis^djarge tiie duties of his office, and execute bond, with security worth at the time, jointly or sever- ally, twenty-five thousand dollars, to be approved by the Board, and filed in the office of the Clerk, for a faithful discharge of the duties of his office ; upon which, for any breach thereof, suit may be instituted, from time to time, and recovery had, to the extent of any damages sustained by the city or by others. g 2. The Treasurer shall reside and keep his office within the city of Frankfort. Upon the expiration of his term, or resignation of his office, his death, or re- moval from office, the Mayor and Clerk of the Board of Councilmen shall examine his accounts, state the same, count the money in the treasury, and take an inven- tory of the books, stationery and furniture of his office, belonging to the city, which shall all be passed to his successor, who shall receipt for the same ; which receij)t shall be filed in the office of the Clerk of the Board of Councilmen. § 3. If the Treasurer is sick and unable to discharge the duties of his office, or if he absent himself from the city, it shall be his duty to recommend, in writing, to the Mayor some person to discharge the duties for him during such sickness or absence ; and if the Mayor ap- prove the recommendation, he shall indorse the same ‘^approved,” and sign liis name thereto, and file it with the Clerk, who shall, at the next meeting of the Coun- cil, report the same, when it shall be entered upon the records of the Board ; after the approval by the Mayor, the person so recommended may, on taking the usual oath, perform the duties of Treasurer until that officer is re- stored to health or returns to the city, unless the Council shall by order suspend him. The Treasurer and his Oath. Bond. Suit on bond of. Shall reside in city. Accounts to be examined b y the Mayor and Clerk on expi- ration of term, and pass prop- erty to succes- sor. Temporary ap- pointment of. 89 TKKASUKEK. Mayor may sus- pend Treasur- er; but must re- port to Council forthwith. Council to pro- vide for safe k e e p 1 n s of funds dui’ing suspension. Money received or paid out must be on cer- tificate of per- mit, or warrant of Clerk. Shall receive a 1 funds due city, &c. Shall receipt for all money. To keep accu- rate accounts. Keep sei'arate accounts cf Sinking I'Utid, School Tund, and ordi ary revenue and funds of South Frankfort. sureties sliall be responsible on their official bond for the acts of the person thus ap])ointed by the 'Treasurer. § 4. When, in the opinion of the Mayor, the funds of tlie city are in danger, by being under the control of the Treasurer, he shall have power to suspend him from official duties, and fortlnvith call a meeting of the Council, to whom the facts shall be reported, and the case investigated and decided without unnecessary delay. During such suspension of tlie Treasurer the Council shall make proper provision for the safety of the mon- evs of the citv. f) § 5. The Treasurer shall not receive into nor pay out any money from the treasury, except upon the certifi- cate or warrant of the Clerk. § 6. He shall receive and safely keep in the treasury all money due or payable to the city from collectors of revenue, public officers, and others, when tendered, accompanied by the certificate or permit of the Clerk, stating the amount to be received, and on what account, and from whom to be received. He shall immediately make out a receipt for such amount, stating for what and of whom received, and deliver it to the Clerk Avho shall in like manner give a receipt to the officer or person pay- ing the same ; the receipt, besides stating the amount paid, shall also, if it be all that is due from the officer or other person, so state. § 7. He shall keep in appropriate well-bound books, to be provided by him ac the expense of the city, true accounts of all money paid, into the Treasury, by whom, Avhen and on what account paid. He shall keep the accounts of the Sinking Fund and the School Fund distinct from each other, and from the ordinaiy rev- enue of the city ; and in like manner he shall keep a true account of all sums paid out, when, to whom, and for what paid. The accounts shall be so kept as to ex- TKEASUKEK. 81 liibit tlie aniount received and disbursed on account of each of said departments of tbe city’s fund. § 8. He shall, on tbe 31st of December, make a clear, distinct and intelligible report of all money received by bim and disbursed during each year, wbicb shall ex- hibit tbe receipts and expenditures of each montb on account of each . department aforesaid, which report shall be laid before tbe Board of Councilmen, and, when approved by them, entered at length upon the records. He shall, in addition, make settlement of bis accounts with tbe Clerk on tbe last day of eoch montb, wbicb settlement shall exhibit tbe fiscal trans- actions of the montb, and shall be laid before tbe Board at tbe next succeeding regular meeting, and, if approved, shall be spread upon the record. If any in- accuracy appear in said settlement, or any member of tbe Council so require, it sliall be referred to the Fi- nance Committee, who shall investigate and report thereon promptly. § 9. Tbe Finance Committee of tbe Board of Coun- cilmen shall, within ten days after tbe organization of the Board, in each year, personally examine into tbe state of the Treasury, examine all papers or vouchers upon wbicb mone^y has been paid out for the preceding year, ascertain tbe amount paid into and paid out of the Treasury, and tbe amount on band ; and notice any misapplication or perversion of tbe funds of tbe cit}^ by tbe Treasurer or others. Tbe same committee shall examine the books and accounts of tbe Clerk ; and in said examination shall carefully note, without defacing all the Treasurer’s receipts wbicb are the foundation of a charge against bim, in such manner as will plainly show that said receipts have been examined by said committee. Tbe committee shall report to the Board 6 Shall rei)ort 31fit December. Shall m a k"e set 1 1 e m e n t s monthly with Clerk, to be laid before the Board. Settlement may be referred to Finance Com- mittee. Finance Com- mittee to ex- amine accounts of the Treas- urer annually.. Also, shall ex- amine accomits of Clerk, and note all re- ceipts of the T r e a s u r e r , which f o r m basis of a charge against him, and re- port. 82 WORK-HOUSE. Salary. Work-house. Keeper. Residenc e at Work -house, and duties in regard to in- mates. Record of com- mitment. tlie facts fully and truly, which report shall be spread upon the records of the Board. § 10. The Treasurer shall receive an annual salary of five hundred dollars, payable c^uarterly out of the treasury of the cit^^ Ao. 39. WORK-HOUSE. § 1. A Keeper of the Work-house may be selected by the Council, either by election or upon the lease sys- tem heretofore tried, as in their judgment they may deem best for the interest of the city. He shall exe- cute bond to the <^ity, to be ajiproved by the Mayor and Council, in the penalty of $500, conditioned to pay to the city all moneys he may become liable for as Keeper, and for the faithful discharge of all his duties. § 2. The Work-house Keeper shall have the ‘superin- tendence of the Work-house and Station House; shall keep regular account books, in which the Work-house shall be charged with all things necessary for its sup- port, and shall be credited by all sums appropriated by the Council for its support, and otherwise received. § 3. The Keeper shall reside in the residence at the Work-house, and have care of the AVork-house, grounds and propertv, and of all persons there confined; he shall daily visit all of the apartments, and keep them clean and in good order, and shall personally superin- tend the custody and employment of the prisoners. § 4. He shall keep a record-book of commitments and discharges of prisoners, registering name, age, height, color, offenses for which committed, and other proper facts. He shall keep the prisoners at some healthy employment at least 10 hours per day in April, May, June, July, August and Septeml)er, and 9 hours a day during the remainder of the year. WOIIK-IIOUSK. 83 § 5. Any prisoner who shall behave in a riotous or disorderly manner, or refuse to work or to obey the orders of the Keeper, or shall attempt to escape, may be committed to close and solitary confinement upon bread and water, or, if necessary, put in irons by order of the Keeper, but shall not be cruelly treated. § 6. He shall ^ive proper attention to all prisoners who are sick and unable to work; he shall cause the physician to be sent for, and see that proper nursing and care be given. § 7. Every moutli he shall report to the Council the names and number of prisoners confined in the Work- house, the number of days each prisoner worked, and a statement of the work done by them, and its value, and any other facts he may think proper to report in reference to the Work-house. § 8. The books. Work-house and premises shall al- ways be open to inspection by the Mayor, City Judge and Council, or any member thereof. § 9. That any person confined in the City Work- house, under sentence from an}^ Court having jurisdic- tion, or while at work, outside of said Work-house, or while in the custody of any Work-house officer, who shall escape from the said Work-house or custod}^, shall, upon conviction in the Police Court of the city of Frankfort of such escape, be sentenced to work out double the unexpired term of his sentence. § 10. That the Work-house Keeper shall in no case allow an inmate of said Work-house to leave the same, who is under sentence thereto, unless he betaken there- from for the purpose of work under his sentence, or unless released by order of the Police Judge. For a violation of this Ordinance the Keeper shall be fined not less than five nor more than ten dollars. PirilFlinient of prisoners for misbehavior, &c. Sick. Report of Work- house keeper. Books, &c., open to inspec- tion, &c. Escape fro m the W 0 r k - ho use— how punished. No prisoner to leave W o r k - house except to work. 84 WORK- no USE. Unless line iiaid Ju(lf?e to issue capias pro fine, Ac. Offender to be released upon paym e n t of fine. Remission b y Mayor to be re- ported to Judge Costs to be paid when satisfie.l by labor in Work-house. Escapes from the Work-house —Keeper r e - sponsible. § 11. Tn all cases where fines are imposed in the Police Court of the city of P'^rankfort, unless the fine and costs are at once either paid or replevied, it shall be the duty of the Judge of said Court to issue and de- liver a capias pro fi)ic to the Marshal of the city, who shall at once ana st and deliver the person so fined to the Keeper of the City AVork-house, who shall safely keep said person until he shall have discharged said fines and costs by labor in said Work-house, or on the grounds belonging thereto, or on the streets and alleys of tile city, at the rate of fifty cents per day: Provided, That where the person so fined shall }.ay, or cause to be paid, at any time, the balance of the fine and costs for which he was committed to said Work-house re- maining unpaid, then said Judge shall, upon evidence of such payment, order said, person to be released from said Work-house: Provided further, That all fines or parts of fines remitted by the Mayor or Board of Coun- cilmen shall be immediately reported to the said Judge, and the same entered on his docket; and in no case shall a prisoner be released from said AToi'k-house, ex- cept upon the written order of said Judge. § 12. \Chenever the AVork-house Keeper shall report to the Council that the fines and costs imposed in any case have been satisfied by labor, as provided for in section 1 of this Ordinance, then the Police Judge, City Attorney, Marshal and witnesses shall be entitled, respectively, to their several costs, commissions and fees, upon presentation of their claims, at the end of each month, in the manner and form ])rovided for the presentation of all claims against the city. § 13. That in case of any escape from the ATork- house of any prisoner confined therein by pro}>er judg- ment of Court, or other proper authority, the Keeper shall be charged with the full time of such person TORPEDOES INTEPvEST ON LOTTERY FUND. 85 (except Sundays), unless released by the Council by an order made in tliat particular case upon its merits; but in no case shall he be released from i)ayment of so much of said time as may be necessary to cover and pay all costs and expenses in the particular case. OK79JAAACE Ao. 40. TORPEDOES. g 1. It shall be unlawful for any person to sell, give, or have in his possession, within the city, or to throw or deposit upon the street, alley or sidewalk, in any house, or on any premises within the city, any torpedo or other self-explosive thing, composed, in whole or part, of powder or other explosive substance. Any per- son convicted of a violation of this Ordinance, shall be fined in any sum not less than two dollars nor more than twenty dollars, or imprisoned not more than twenty-four hours, or both so fined and imprisoned, at the discretion of the jury. 01?DJAAAC15 Ao. 4J. INTEREST ON LOTTERY GRANT. § 1. That the City Clerk of the city, be, and is here- by, directed to issue his warrant on the Treasurer in favor of the Chairman of the Board of Trustees of the city school for the interest (computed at the rate of six per cent, per annum), on the first day of January and July of each year, upon all moneys received from the Lotterv Grant. Fine against selling, giving, having or throwing tor- pedoes on the street. Clerk to draw w :i r ]• a n t on Treasurer i n favor ot Chair- man of Board School Tiustees for interest on lottery fund. 8(5 I’AUPEHS NUMBERING HOUSES OWNERS OF SWINE, Regular i)aupt r list. Meeting of Charity C o m - mittee to deter- mine applica- tion tor charity. AH houses and places of busi- ness must he numbered. Tickets e, f weights m u s t be made in ink. OHnJNAJSCB Ao. 42. PAUPERS. § 1. Tluit all persons whose names appear on the regular pau})er list, shall, during the first week of each month, call on the City Clerk, at his office, and the Clerk is autliorixed to draw his warrant on the City Treasurer for five dollars in favor of each pauper on the list. § 2. That when any person noton the regular list ap- plies for assistance to any member of the committee, a meeting of the committee shall be called to determine whether the ap|)licant is worthy of charity or not. Should the committee delermineto aid such person, the committee shall draw an order on the Clerk directing him to issue his warrant in favor of said person for an amount not exceeding two dollars and fifty cents. No member of the committee shall, in any case, give an order for fuel, provisions or clothing, and no accounts given for orders of this kind will hereafter be paid by the city. ORIJi:SA]SCE Ao. 43. NUMBERING HOUSES. § 1. That all owmers of houses, including residences and places of bu.-iness, are required to have such houses or places of husiness numbered, such numbers to be gold on tin plate, 3| inches by 5 inches. ORniNANCn Na. 44. OWNERS OF SCALES. § 1. That all owners or controllers of scales in the corporate limits of the city of Frankfort, shall be, and they are hereby, required to widte their ticket of weights in ink. FOR BEyEFIT OF L. & X. AND K. R. R. Co’s. 87 § 2. Any person violating this Ordinance shall he fined five dollars for each offense. OKOJAMXCB Ao, 4o. FOR BENEFIT OF KENTUCKY MIDLAND AND LOUISVILLE & NASHVILLE RAILROAD GO’S. § 1. That the right 'and privileges, so. far as this boch^ has power to grant such right and privileges, is hereby granted to the Louisville & Nashville Railroad Com- pany and the Kentucky Midland Railroad Company, or either of them, to construct, lay down, maintain and use a railroad track, witli suitable iron or steel rails, from the switch yard of said L. & N. R, R. Co., in the cit}^ of Frankfort, across High street, through the alley known as Governor’s alley, and across Ann street, into the flouring milLpremises of J. E. Miles & Son. § 2. That said railroad track shall be constructed, laid down and kept and m«iintained by said railroad companies, or either of them, constructing the same, so as not to prevent or obstruct the free and customary use of said streets and alley, or to unreasonably im- pede the passage of persons or wagons or other vehi- cles through said alley or along said streets, or to .obstruct or interfere with the proper drainage of said alley or streets, and whenever the surface of said streets or alley shall be broken or disturbed in constructing, laying down, keeping or maintaining said track, said companies or company constructing said track shall repair and replace it in as good condition as before, and keep the same and said alley to the full width thereof, and the space between the rails in good repair; and also keep the space for not less than six inches on either side of said rails, through said alley and across said streets, covered with plank suitable for that pur- Penaity, S5 ttne Track — rrliere to be placed. Track— bow to be placed. 88 KOU BENEFIT OF L. it N. AND K. M. R R. Co’s. Cars to be drawn by horses or mules ; no engine allowed. No steam en- gine allowed on said track. Penalty for steam engine going on track. pose, SO that the upper surface tliereof shall be on a level with the top of the rails. § 3. That when said track is so constructed and laid down, said railroafl companies, or either of them, shall have the right to pass railroad freight cars, to be drawn by horses or mules back and forth over said tracks for the pui*})Ose of transporting grain and grist, flour, meal, tkc., to and from said flouring mill and premises of said J. E. Miles & Son, and also to and from the premises of other persons fronting upon said alley: Provided, hoivever, That no car shall ever be drawn or propelled upon said track upon or across said streets, or either of them, or into or through said alley Ty a steam engine or locomotive or any contrivance involv- ing the use of steam, *or by any power other than by horses or mules; nor shall any steam engine or loco- motive go on or be permitted to go upon said track; nor shall any freight car be permitted to stand or re- main upon said track an unreasonable length of time; nor shall said track or any part thereof be used, at any time, for switching purposes or for shifting cars or making up trains. § 4. That if said companies, or either of them, shall cause or permit a steam engine or locomotive or any contrivance involving the use of steam to go upon said track said companies, or either cf them, so offending, shall be fined fifty dollars for each offense and fifty dollars additional for each ten minutes such engine or locomotive or contrivance is permitted to remain on said track; for permitting a freight car to stand or re- main on said track an unreasonable length of time, or using said track for switching or shifting cars or making up trains, said companies, or either of them, so offending, shall be fined not less than five dollars, nor more than twenty dollars for each offense, and five dollars addi- colorp:d schools. 89 tional for each hour such offense is continued; and for failing to keep said alley or the space between the rails in good repair, or the space for not less than six inches on either side of the rails covered with plank suitable for that purpose, and in good repair, or obstructing or interferring with the proper drainage of said alley or streets, said companies, or either of them, so offending, shall be fined five dollars for each day such failure, ob- struction or interference shall continue after notice thereof by the City Marshal to such companies or com- pany so offending. § 5. That all fines herein provided for shall be re- coverable by warrant in the name of the city of Frank- fort in the Police Court: Oi?OIXAA^CJ3 Ao. 46. COLORED SCHOOLS. Whereas, by an act of the General Assembly of the Commonwealth of Kentucky, ap|)roved May 3d, 1884, entitled : “ An act to authorize the Board of Council- men of Frankfort to issue bonds for school purposes,’^ it is provided that. Whereas, The Board of Councilmen of the city of Frankfort is authorized by the city charter to build, purchase or procure any additir.nal grounds or build- ings which may be necessary for common school pur- poses. Therefore, to enable the Board of Councilmen to realize a fund sufficient to procure a suitable building and necessary fixtures and apparatus for the Colored Public School of the city, the said Board of Council- ]iien may issue bonds of the city to the amount of ten thousand dollars, of the denomination of five hundred dollars each, with coupons attached, for the payment of interest, which interest mav be at any rate per annum 7 Penalty for fail- ing to keep al- ley in good re- pair. Fines recovera- ble in Police Court. 90 COLORED SCHOOLS. Ten thousand dollars in bonds may be issued for school build- ing and fixtures not exceeding six per cent., and shall be payable semi- annually, to-wit : On the first da}"s of January and July, at the Farmers’ Bank of Kentucky, Frankfort, Ken- tucky; said bonds to be payable twenty years after date at said Farmers’ Bank of Kentucky. The bonds to be signed by the Mayor, and countersigned by the Clerk, with the corporate seal of the city attached, and the coupons to be signed by the Clerk; which said bonds so issued as aforesaid, shall be put upon the market by the Mayor and sold, and from the sale thereof shall be realized the said fund as aforesaid : Provided, That the said bonds shall not be sold for a less sum than their face value. Now, by virtue of the power and authority conferred by said act. Be it ordained by the Board of Councihnen of the City of Frankfort: 1st. That twenty coupon bonds of the city, in denom- ination of five hundred dollars each, payable twenty years after date, bearing interest at the rate of six per cent, per annum, payable semi-annually, on the first days of January and July of each year, at the Farmers’ Bank of Kentucky, at Frankfort, Kentucky, signed by the Mayor, with the seal of the city attached, and countersigned by the Clerk, be issued in conformity to said act, for the purpose of raising a fund to procure a suitable building and necessary furniture, fixtures and apparatus for the Colored Public School of the cit}L COLORED SCHOOLS. 91 2d. The form of said bond shall be as follows : $500. Building Fund Bond. No. FOR THE Form of bond. Frankfort Public Colored School, United States of America. $500. State of Kentucky. The Board of Coiincilmen of the City of Frankfort is indebted to the hearer in the sum of Five Hundred Dollars. This bond is one of a series of twenty -of like tenor and date, each for the sum of five hundred dollars, and numbered respectively from one to twenty, both inclusive, issued in accordance with an act of the General Assembly of the Commonwealth of Kentucky, approA^ed Apri^ 25th, 1884, entitled “An act to authorize the Board of Councilmen of Frankfort to . issue bonds for school purposes.” And an Ordinance of the Board of Councilmen of the city of Frankfort, adopted on the first day of July, 1884, and is payable on the first day of July, 1904, at the Farmers’ Bank of Kentucky, at Frankfort, Kentucky, with interest at the rate of six per cent, per annum from the 1st day of July, 1884, payable semi-annually upon the presenta- tion and delivery of the coupons hereto annexed, at the Farmers’ Bank of Kentucky, at Frankfort, Kentucky, on the first of January and July of each year. In witness Avhereof, the said Board of Councilmen of the city of Frankfort has caused this bond to be signed by the Mayor of said city, and its corporate seal affixed, and has also caused the coupons thereto attached to be signed by its Clerk at Frankfort, Kentucky, this 92 COLORED SCHOOLS. day of , one thousand eight hundred and eighty- four. Mayor. Clerk. And the form of the coupons shall be as follows : ^ , $15. Building Fund Bond. $15. Form of cou- pon. FOR THE Frankfort Public Colored School. The Board of Councilmen of the city of Frankfort will pay to bearer fifteen dollars on the 1st da} of , at Farmers’ Bank of Kentucky, in said city, it being six months’ interest on bond No. , 1884, Clerk. 3d. Said bonds may by registered by the owners registered. thereof, ill the manner and upon the terms set out in following form, to be endorsed on each of said bonds: This bond may be registered in the owner’s name on the books of the Board of Councilmen of the city of Frankfort, and, when so registered, no transfer thereof shall be valid unless made on the books of said Board of Councilmen, by the registered owner thereof, and noted by its Clerk on this bond. Provided, That the same may be discharged from registry by being trans- ferred to bearer, after which it may be transferred by deliweryj until again registered as before. Such regis- try shall not restrain the negotiability of the coupon by delivery merely, but the coupons may be surrendered and the interest made payable to the registered owner of the bond. Transfer of this Bond. Date . Transferred by . Transferred to . Residing at . Noted for the B. C. . SEWER BONDS BRIDGE BONDS. 93 4tli. Said books, being exempt by the act autliorizing their issue from taxation by the city of Frankfort, the following memorandum will be endorsed on each of them, to-wit : This bond, by the act of the General As- sembly of the Commonwealth of Kentucky authorizing its issue, is exempted from taxation by the city of Frankfort, for city purposes. ORDINA.JSCB Ao. 4 7, SEWER BONDS. That the twenty-year five per cent, bonds of the city of Frankfort, authorized by the General Assembly of the Commonwealth of Kentucky, by act of date May 18, 1886, in the amount of $10,000, for sewer purposes, be sold at par, and accrued interest from July 1, 1887, and the Mayor is hereby empowered to make such sale. O/^OIAAXCJS Ao. 48. BRIDGE BONDS. ' § 1. That the bonds of the city, authorized to be issued for the purchase of the South Frankfort bridge, by act of the Legislature, approved April 24, 1880, be, and the same are noV, executed and issued by the Council, in thirty-eight bonds of five hundred dol- lars each, bearing six per cent, interest per annum, payable semi-annually, on the first Mondays in January and July, respectively, on coupons attached thereto, the bonds payable in twenty years from date, in the city of Frankfort, and the city reserving the right to redeem any or all of said bonds, after the lapse of five years, and that said bonds be, and the same are, marked “B,” and numbered from No. 1 to 38, inclusive. Exempt from city taxation. Mayor to sell at pfu’ and accru- ed interest. Bonds executed and issued. 94 FUNDING BONDS EXTENDING CLINTON STREET. Bonds to com- p 1 e t e water- works executed and issued. r^enalty for hauling loads of more than five tons overbridge 49. FUNDING BONDS. § 1. That the bonds of the city, autliorized to be issued for funding tlie city debt and completing the im- provement of the water-works, by act of the Legisla* ture, approved March 16, 1880, be, and the same are now, executed and issued by the Council in thirty-five bonds, of one thousand dollars each, payable in the city of Frankfort twenty years from date, and bearing six per cent, interest per annum, payable semi-annually on the first Mondays in January and July, respect- ively, at the Farmers’ Bank of Kentucky, in Frank- fort, on coupons thereto attached, and that said bonds be, and the same are, marked “A,” and numbered from No. 39 to No. 73, inclusive. OHDi:SANCB Ao. 50. § 1. That it shall be unlawful for any person or persons, firm or corporations, owning wagons or ve- hicles of any description, to haul loads over the bridge in excess of five tons weight. Any person, persons, firm or corporations violating the provisions of this Or- dinance, shall be fined for each offense not less than twenty-five dollars, nor more than one hundred dollars. § 2. All violations of this Ordinance shall be tried before the Police Judge of the City of Frankfort. OKOZAAACJS No. 51. EXTENDING CLINTON STREET. § 1. AVhereas, the public convenience and. business requires and demands that a street shall be opened in extension of Clinton street, to the eastern houndary of the colored j-ublic school lot; and, whereas, the Ken- tucky Midland Railway Company, whose property EXTENDING CLINTON STREET. 95 abuts on said proposed extension, is willing and de- sirous that such extension should he made, and agrees, in the event thereof, that it will grade and macademize so much thereof as passes through the said school lot, and pay to the trustees of the public schools of this city, for the benefit of said colored school, one hundred dollars, and remove the present fence between its grounds and said school lot, to the south side of said lot, as it will be after the extension; now therefore. Be it ordained by the Board of Councilmen of the City of Frankfort : § 1. That the Kentucky Midland Railway Company be, and it is hereby, autliorized to remove the fence between its property and the colored public school lot, on ’^he south side of the latter to a line running through said school lot parallel to, and six feet distant from, the southern wall of the colored school building, from the western boundary of said lot, until the said line strikes the present property of said railway com- pany, and to pay to the trustees of the public schools, for the benefit of the colored public schools, the sum of one hundred dollars. § 2. That upon the removal of said fence, and the payment of said sum of one hundred dollars by the said railway company, Clinton street in the city of Frankfort be, and the same is, extended and opened as a i)ublic street of said city along and over all that por- tion of ground lying between a line run through the colored public school lot, parallel to, and six feet dis- tant from, the south wall of the colored school building and the present grounds of the Kentucky Midland Railway Company ; and the said railway company is authorized and required, in a reasonable time after the passage of this Ordinance, to grade and macadamize said extension. 96 SINKING FUND. Funds set apart for Sinking Fund. Shall only be used to pay in- terest or princi- pal of city debts Sinking Fund Committee t o direct expendi- tme. Amended. Limited to $5,- 000 . Clerk and Treasurer t o keep separate account of, and report. Money of Sink- ing Fund, on what authority warrants are is- sued. Ol? 73 JA" A A C73 Ao. ^2. SINKING FUND. § 1. Ten per cent, of the net amount of all taxes and revenues derived to tln^ city, from all sources, is hereby set apart and constituted a Sinking Fund, which shall be appropriated only in pavunent of the interest or principal of the bonded debt of the city. § 2. The Mayor and Finance Committee shall consti- tute the Sinking Fund Committee, and may direct the use of the moneys of the Sinking Fund for such pur- pose, either by the payment of interest and principal of such bonds, when due, or the purchccse of the same when not due, if the same can be procured at rates deemed reasonable: Provided, No amount greater than five thousand dollars shall be appropriated by them in any one month without the order of the Council. § 3. The Clerk and Treasurer shall keep separate and accurate accounts of the receipts and expenditures of the Sinking Fund, and shall report at least annually, and whenever required so to do by the Mayor or the Board of Councilmen. § 4. The Clerk shall issue no warrant for money payable out of the Sinking Fund for an amount greater than five thousand dollars, without so ordered by the Board of Council, and entered upon their recorded pro- ceedings, nor for any less sum, unless ordered by the Council as aforesaid, or in writing by the Sinking Fund Committee, which order shall state the amount for which, the person to whom, and the purpose for which the w^arrant shall issue, and shall be carefully filed and preserved by the Clerk. See CLERK and TREASURER. CRIMES AND PUNISHMENTS. 33 business in the oity of Frankfort, who shall sell or offer for sale cigarettes or any other similar preparation of tobacco, shall be subject to the same penalties as are now provided for by Ordinance against persons doing business without license. III. It shall be the duty of the City Marshal and other police officers of the city of Frankfort to report all infractions of this ordinance to the proper authori- ties. IV. This Ordinance shall take effect and be in force from and after January 1, 1889. § 44. That it shall be unlawful for the owner or owners of swine, of any age, to permit the same to run at large within the limits of the city of Frankfort, and the owner or owners of any swine, who permits the same to run at large within said city, shall, upon conviction thereof, be fined not less than five dollars, nor more than ten dollars, for each swine so permitted to run at large. I. It shall be the duty of the City Marshal, his Dep- uty, or any Policeman of the city of Frankfort to take up and impound, in a place provided for that purpose, any swine so running at large in said city, and it shall be the duty of said Marshal to advertise any swine so impounded, for the space of ten days, by posting at four public places in said city, a written or printed copy of each advertisement, such advertisement to contain a description, as nearly as it can be well given, of the age, color and ear marks (if there be any) of such swine and time of sale. II. The owner or owners of any swine impounded, as provided in subsection 1, may reclaim same any time within ten days by proving property and paying all costs and expenses for taking up and keeping said swine. 3 Unlawful for swine to rmi at large. Duties of Mar- shal in regard thereto. How owners may reclaim same. 34 (J1^I^^ICS AND rUNISHMENTS. Property must be valued be- fore sales. Sales to be pub- lic at the City Pound. Marshal to keep record of swine i in- pounded. Unlawful to dis- charge air-gun, gum-sling, &c. TIL It shall be the duty of the Marshal to sell all swine not reclaimed as provided in subsection 2, and all moneys resulting from such sales shall be paid inta the City d'reasur}^, and the owner or owners of such swine so sold may, within one year next after such sale,, demand and have paid back to him or them, all of the proceeds of such sales, after deducting all the costs of such taking up and keeping and impounding, advertis- ing and selling, said cost to include a fee of one dollar to the officer so impounding, advertising and selling. IV. Before any sale or sales are made under this Or- dinance, the property to be sold must be valued by two house-keepers, who shall be first sworn by some officer, authorized to administer an oath, that they will faith- fullv discharge their duties as appraisers, said apprais- ers to be selected by the officer making the sale. V. All sales made under this Ordinance shall be made at the city pound, by public crying or auctioneer- ing such property off to the highest and best bidder, for cash. VI. The Marshal shall keep a thorough and Gomplete record of all swine impounded under this Ordinance,, together with all costs and expenses incured by adver- tising, reclaiming and selling, and file his report monthly with the City Clerk. VII. All Ordinances in conflict herewith are hereby repealed. VIII. This Ordinance to take effect and be in force from and after its passage. § 45. That it shall be unlawful for any person to use or discharge within the limits of the city of Frankfort any air gun, gum-sling or any other contrivance where- by the person or property of any citizen may be in- jured or defaced, and any person so offending, shall bo REMISSION OF FINES SCHOOLS. subject to a fine of not less tlian one dollar, nor more than five dollars. It shall he the duty of the Marshal and other peace officers of the city of Frankfort to see that this ordi- nance is enforced. ORDINANCB Ao. J2. REMISSION OF FINES. § 1. That hereafter all petitions for remission of fines shall he considered in open Council; but a special me^^ting to consider such petition may be called at any time by the Mayor upon the petition of three Coun- cilmen. ORDINANCB No, 13. § 1. Any person desiring to open a school within the limits of the city, for the purpose of teaching colored persons, shall first apply to the Chairman of the Board of School Trustees for the city, or to such person as said Trustee, may have designated as an examiner of teachers, and produce satisfactory evidence of good moral character, and of qualification to teach spelling, reading and writing; w^hereupon, said chairman or examiner shall give such applicant a certificate in writing, which shall be an authority to teach such school. Any person violating the provisions of this section shall be fined twenty-five dollars. § 2. That the ordinary revenue raised by taxation upon the real and personal estate of the colored citizens of Frankfort, and the poll-tax collected' from them, be, and the same are hereby, set apart and appropriated to the establishment of a colored graded school, to be under the supervision and control of the Board of 36 ELECTIOTS. School Trustees of the city of Frankfort, and the Clerk is directed to keep a separate account of said fund, and to pay the same to the Chairman of the said School Trustees whenever said Board of Trustees shall give him official information of the organization of a colored graded school, and that said fund is ready for use. This includes an appropriation of the said fund for 1878. ORDINA.NCB No. 14. ELECTIONS. § 1. That all that part of the city of Frankfort which lies north of the Louisville, Cincinnati and Lexington Railroad, which passes through Market or Broadway street, and the lot on the south side of said street on which the city market-house stands, shall be voting precinct No. 1. § 2. That all the remainder of that part of said city, which lies on the north side of the Kentucky river, shall be voting precinct No. 2. § 3. That all that part of said city which lies on the south side of the Kentucky river, and known as South Frankfort, shall be voting precinct No. 3. § 4. That in all elections for city officers for the city, a poll shall be opened and held as provided by law in each of said three precincts, to-wit : In precinct No. 1 at the market-house ; in precinct No. 2 at the court- house ; in precinct No. 3 at the building on the north- west corner of Second and Shelby streets. § 5. The Council shall elect the various officers Sr^counMi provided for by law or Ordinance at the first regular after Tnriual meeting thereof after the annual election of Council- election. men : Provided, That if, from an}^ cause, the Council fail to elect said officers, or any of them, at said Proviso. BUILDINGS. 37 meuting, the election may be made at any subsequent meeting ; and all incumbents shall remain in office until their successors sliall be elected and qualified. ORDINAKCn No. 15. § 1. All hearths shall be built on cast iron, stone or brick arches ; when the back of the fire place exceeds three feet in width, the hearths shall extend at least twenty inches in front of the jambs ; and when the fire-place is of less width than three feet, the hearth shall extend not less than sixteen inches in front of the jambs. I. A tight or close stove shall have undei it a plat- form of stone, brick, earth or metal, extending at least twelve inches beyond all parts of the plate, in bont of the fire-door. II. Persons using stoves shall be required to con- struct good and safe brick or stone flues, into which the pipe shall enter, and no stove-pipe sliall hereafter pass through 'the floor, wood partition, roof or side of any house. . , III. Any person who shall violate, or fail to comply with the provisions of this section, shall be fined not less than five, nor more than pen 'dollars for each offense. Each twenty-four hours of failure to comply with any one of the requirements shall be, held and deemed a separate offense. § 2. No wood or frame building shall be erected within the limits of the city, without an order permit- ting the same shall have first been made by the Council.. All applicants for permission to erect such building within the city shall publish the intention of making such application for at least two weeks previ- ously ; or shall give personal notice of such intended Hearths. Stoves. Pipes. Penalty. Consent of Council neces- sary before the erection of wooden build- ings. Application to erect to be pub- lished, or shall give personal notice to par- ties owning property within 300 feet. 38 PonCE PAY-ROLL. Penalty, fl n e $ 20 . Wooden build- ings erected without coi^ sent of Board may be abated as nuisance. api)lication totlic owners, or tlieir agent, of all contiguous property, and to the owners, or their agent, of all build- ings or grounds within 300 feet of such contemplated improvement, and shall accompany such application with evidence that the notice has been given, or publica- tion made, as required herein. Any person violating the provisions of this section shall be lined for each offense twenty dollars, and the continuance of any such building for each ten days after its erection, without the permit heretofore required, shall constitute a separate offense under this Ordinance ; and any wooden building erected within the limits of the city, without the per- mission of the Council, may, on motion of any person aggrieved, or, if deemed dangerous to the safety of public or private property, be condemned and abated as a nuisance. OitTO/AAACB Na. 16 , § 1. That it shall be the duty of the Chief of Police, on the last day of each month, to prepare a pay-roll of the entire force under his command, which shall in- clude substitutes and extra patrolmen, when ordered by the Mayor, in form as follows : City of Frankfort. To Chief of Police for pay-roll of department for 18 . NAMES POSITION. AMOUNT. RECEIVED WITH AM’t. Examined and found correct. ■Chief of Police. Approved, Allowed, — City Clerk. —Mayor. Received of the city of Frankfort $ in full of pay-roll for Police Department for the month of 18 , this day of 18 . Chief of Police. HEALTH. 39 When said pay-roll has been prepared, certified as correct by the Chief of Police and City (derk, and al- lowed by the Mayor, it shall be the duty of the City Clerk to issue his warrant on the Treasurer for the amount of said pay-roll, in favor of the Chief of Police, who shall immediately pay said force, take their receipts for the payments so made on said pay- roll, under heading “Receipt,’’ and return the pay-roll to the City Clerk on the. day of payment. § 2. The foregoing section shall be applicable to the Fire Department of the city of Frankfort, and to the paupers of the city, on what is known as the “regular pauper list,” with this exception, that the warrant to pay the Fire Department shall be made payable to the Chief of the Fire Department, and the warrant to pay the paupers shall be issued and made payable to the City Treasurer. The Chief of the Fire Department sljall prepare the pa}"-roll for the Fire Department, and the Clerk shall prepare the pay-roll for the “regular pauper list,” and the same form of pay-roll shall be used for all departments. ORDINANCE No. 17. HEALTH. HEALTH OFFICER. § 1. I. The Health Officer of the city shall be a prac- ticing physician, of good standing in his profession, Health om- Tesident in the city; he shall, upon entering upon the discharge of his official duties, take an oath before the Police Judge, or some officer authorized to administer oaths, that he will faithfully perform, to the liest of his ability, all duties required of him by the Ordinances or Orders of the Board. 40 HEALTH. His duty to in- spect city quar- terly, and cause a 1 1 nuisances and unhealthy matter to he removed. To notify own- er of property on which a nuisance may exist. Person failing to comply wUn notice of tne Health Officer, to be reported to the Police Judge, who shall hear t. e case and enter judgment. II. He shall, at least quarterly, and oftener if ii'^c- essary, make a careful and thorough personal inspec- tion of all streets, lanes, alleys, commons and premises within the limits of the city; and if he find thereon or therein anything existing, permitted or done, contrary to any Ordinance or Sanitary Regulation ot the city, or prejudicial to health or being, or tending to become a nuisance, he shall, if within any street, alley or on any public grounds, notify the City Marshal, who shall promptl}" cause the same to be removed at the cost of the city; and if upon tlie private property or premises of an individual, he shall make out, in writing, a notice to the owner or his agent, or the occupant of such premises, setting forth tlie location and character of the offensive or unhealthy matter, and requiring its re- moval within two days, which notice the Marshal shall promptly execute by delivering to such owner or occu- pant a copy thereof, and shall return the original, with the time and manner of service indorsed thereon, to the Police Judge. III. If such owner, or his agent or occupant, for two days fail or refuse to comply with the requisitions of such notice so served on him, it shall be the duty of the Health Officer or ^Marshal to report the fact to the Police Judge, in writing,, whereupon said Police Judge shall forthwith issue a summons against such party, requiring him to appear and show cause why the requirements in the notice of the Plealth Officer shall not be enforced. Upon the return of the summons executed, the Police Judge shall; at the time desig- nated therein, hear and determine the question; and if he deem the requirements of the Health Officer reason- able and necessary, he ^hall so adjudge, and enter of record an order directiiig the Marshal of the city to cause such offensive or unhealthy matter to he removed. HEALTH. 41 or such nuisance to be abated, with all convenient dispatch, and at a reasonable and proper cost, which shall be reported to said Police Judge, and shall, when approved and entered of record by him, together with a fee of one dollar to the Police Judge, and a reasonable allowance to the Marshal, to be allowed by said Judge, become a charge upon said premises, and shall be forthwith listed with the Marshal for collection, in the same manner as taxes are listed and collected. The Police Judge shall take the receipt of the Marshal for such list, and file the same with the Clerk, who shall charge it against the Marshal as other tax lists. IV. It shall be the duty of the Health Officer to see that all cellars are kept dry and well aired; all lots free from standing water, putrefying matter, and all other nauseous, offensive, or unhealthy things; and that all privies are supplied with pits of suitable depth, and kept properly disinfected; and he may, at any time, require the owner or occupant of any }>roperty to have any cellar, pit or lot cleansed, drained or sprinkled with lime or otherwise disinfected. The owner or occupant of any premises, who shall fail to comply with the provisions of this Ordinance, within a reason- able time after being required b\ the Health Officer so to do, may be fined not exceeding five dollars for each twenty-four hours of such failure, to be recovered upon warrant before the Police Judge. V. The Health Officer, in the discharge of his official duties, shall have the right, at any time, to enter upon any premises, public or private, within the city, and to examine and inspect any portion thereof ; and any person hindering or resisting him in the discharge of his duties shall be fined ten dollars for each offense, to le recovered by warrant before the Police Judge. Costs a charge o n premises, collectable a s taxes. Cellars and lots to be kept dry and clean. Privies proper depth and dis- infected. Penalty for fail- ing to comj'ly with Health Or- dinance. Health Officer has a right to enter private premises. Penalty for re- sisting. 42 IirCAI/l'H. Shall report. Shall vacc nate the poor. Shall treat city paupers. Sah ry. Contagious d'g- eases. Penalty. Houses in which there is small-pox to be placarded. VI. Me shall at least quarterly, and oftener if deemed necessary hy him, or reijuired hy the Board, report to the Council, in writing, the sanitary condition of the city, accompanied with such recommendations as he may deem necessary to preserve or promote the health of the city. VII. He shall, with fresh and healthy matter, vacci- nate all poor and indigent persons within the city who may apf)ly to him, free of charge: Provided, That for the necessary sum expended by him for vaccine matter, thus used upon the poor, he shall he re-imhursed from the Cit}^ Treasury; upon the presentation of a statement of the cost of such matter so used, duly certified by him, the Clerk shall issue his warrant upon the Treas- urer for the payment tliereof. AHII. He shall attend and treat in sickness all paupers and indigent persons within the city, whose support is a charge upon the city, rendering them such attention, and administering such medicine as the case may require, free of charge. IX. He shall receive an annual salary of five hundred dollars, payable quarterly out of the City Treasury. CONTAGIOUS DISEASES. § 2. Any person who shall knowingly introduce, or aid in introducing into the city, any contagious disease, or who, knowing another to be laboring under such disease, in the city, shall fail, within twelve hours, to inform the Mayor, Marshal or Health Officer thereof, shall be fined ten dollars for each offense, recoverable by warrant before the Police Judge. SMALL-POX. § 3. I. So soon as a case of small-pox shall be known to exist at any house within the city, the occuj)ant and proprietor of such house shall put a placard thereon, DUTY OF CLEIUn^MEN AND PHYSICIANS. 43 ill large letters, in a conspicuous place, with the words Small-pox,” as a warning to the public. II. It shall be the duty of the City Marshal, and each of the Watchmen of the city, in any case of neglect by the parties, to place placards on any house in which small-pox may exist within the city, to place them there immediately, under the direction of the Health Officer. III. Any person within the city who shall knowingly go, or send a child, servant or other person under his control, from within a house in which small-pox exists into any public place within the city, or to another person’s house, or to church, or school, where they shall come into the presence of other persons, shall be liable to a fine of ten dollars for each offense, recover- able by warrant before the Police Judge. OKDJA^AACB Ao. 18 . § 1. That it shall be the duty of all clergymen or other persons who shall hereafter celebrate or perform the marriage ceremony, within the limits of the city, to keep a registry of all marriages celebrated by them, showing the names, ages, residence and place of birth of the persons married, whether they were single or widowed, and the time of marriage. § 2. It shall be the duty of all physicians, surgeons and midwives to keep a registry of all births and deaths at which they hnve professionally attended, showing, in cases of birth, the time and place of birth, name of the fatlier, and maiden name of the mother, and their residence, sex and color of the child, together with its name, if it shall receive one, and whether it was born alive or dead, and showing, in cases of death, the time, place and cause of death, the name, age, sex, Marshal a n d Watcimieri to ])lace placards oa houses. for groin 2: into public place or private house from sniall-pox. Duty of clergy- men to keep record of all marriages per- +■ 0 r m e d b y them. Duty of physi- ciai s in regard to births and deaths. 44 INSPECTION. Shall deposit with C.erk on^’e a monf'-' a copy of registry. C'erk to cause blinks to be printed. Punishment for not obeying. Inspector of oils. color and condition (whether single or married or widowed), name and surname of parents, occupation, residence and place of birth of the deceased. Provided further, Tlnit when two or more physicians, surgeons or mid wives may have attended professionally at any birth or death, that physician, surgeon or midwife who is oldest in attendance slnill make the registry. § 3. It shall he the duty of the clergyman, physician, &c., above named to deposit in the City Clerk’s office, on or before the last day of each month in every year, the said registry, or a copy thereof, embracing the period of one month preceding the time of deposit, and ihe Clerk shall deliver copies of the same to the Health Officer. § 4. The Clerk shall cause to be printed suitable blanks for the use of clergymen, physicians, &c., with separate columns for each of the items of information hercdn required, and furnish a sufficient number of said blanks to each clergyman, physician, &c., in the co-’pcrate limits. § 5 Any person failing to discharge and perform any of the acts or duties herein imposed and required to be done, shall, for every such failure, be fined in a sum not less than five nor moi’e than twenty dollars, to be recovered by warrant before the Police Judge of the city of Frankfort. ORUIN.\NCB 2Vo. 19. INSPECTION. § 1. The City Council shall annually, at the January meeting, appoint an ‘inspector of 0:1s,” who shall take the usual oath of office, and hold his office until his successor is appointed and qualified, whose duty it shall be to insj)ect, pursuant to the provisions LICENSES. 45 of the General Statutes of Kentucky, all hydro-carbon oils, or oils made from coal, petroleum or well oil, or other oils intended for illuminating purposes, which may be sold within the city. § 2. The quality of said oils shall be tested by the application of heat. Any oil that will, at a less tem- perature than one hundred and fifty degrees, Fahren- heit’s thermometer, give out or produce an explosive vapor, shall be deemed unsafe, and the cask, or other package containing the same, shall be so marked by the Inspector; otherwise it shall be marked “safe.” § 3. Whoever shall, within the city, sell, or offer to sell, any such oil for illuminating purposes, without first having the same duly inspected, or shall, after the said oils shall have been found to be unsafe by the Inspector, sell, or offer to sell the same for illuminating purposes, shall he fined twenty dollars for each sale so made, or for each cask or package so offered for sale. ORDINANCB No, 20. LICENSES. Be it ordained by the Board of Councilmen of the city of Frankfort, That Ordinance No. 19, of the printed Ordinances, is hereby repealed, and the following adopted in lieu thereof : § 1. All licenses hereafter issued within the city, except for peddlers, concert, lecture, theatrical, or other exhibition or performance, shall expire one year from date of issuance. Provided, That all city coffee-house licenses shall expire December 31st in each }"ear. § 2. The Clerk shall keep an alphabetical list of all licenses granted by the city, making a separate list of each kind of license, showing the names of the persons to whom issued, the date when issued, the business How to test oils. Penalty for sell- ing oil without Inspection, or selll n g c o n - demne d oil. Time of expira- tion. Clerk shall keep list. 40 JJCKNSES. Clerk shall fu:- nish Marshal and each Po- liceman niont li- ly a list of all licenses grant- ed. No rebate grant- ed, but may be transferred. State tax to be paid before Clerk issue li- cense. Ten-pin and bowling alleys. Circus and me- nagerie. licensed, the class and rate charged therefor, and shall re}‘ort and exhibit said list to the Mayor or Council, or a committee of the Council, when required. § 3. The Clerk shall furnish the Marshal and each Policeman of the city, monthly, a list of all licenses granted witliin the city, and it shall be the duty of the Marshal and Policemen carefully to observe and inspect the city weekly, and ascertain whether any person is carrying on, without license, any business which, according to the Charter and Ordinances of the city, should be licensed, and to report any such to the City Attorney and Police Judge for prosecution. § 4. No rebate will be granted on any license, but licenses may be transferred from one person to another, or from one place to another, to which the business authorized may actually be removed, only, however, with the consent of the Mayor and Council entered on the minutes. § 5. In all cases where a State tax is required, the Clerk shall require that the same be paid before issuing any license whatever. All licenses shall be issued by the Clerk, and none shall be issued by him until the amount due the city therefor shall have been, on his written authority, paid into the Treasury, and the receipt of the Treasurer therefor filed with him. § 6. The price of license for ten-pin alley or bowling alley, shall be fifty dollars a year for each alley or table used. § 7. 'fhe price of license for a circus or menagerie shall be fifty dollars; for other exhibition, show or performance charging an admission fee, shall be twenty dollars for each twenty-four hours. This license shall apply only to the exhibition under one booth or awning, or a house, and all exhibitions which accom- pany the same, and charge a separate entrance fee, Lie ENSES. 47 shall be charged a like sum of twenty dollars for (‘ach twenty-four hours. Any person who shall exhibit a cii-cus, or other show, performance or exhibition within the city without license shall be fined twenty dollars for each offense. § 8. Porters engaged in carrying baggage for trav- elers, within the city, shall be licensed, and the price of such license shall be ten dollars per annum. Each porter, before obtaining a license, shall be recom- mended, in writing, by at least five respectable persons, to the Mayor, and if he grant the application, he shall so endorse thereon in writing, and file the same with the Clerk, and the applicant must execute bond to the city, with good security, to be approved by the Clerk, in the penalty of one hundred dollars, conditioned that he will faithfully account for and deliver all baggage intrusted to him, to the. person entitled to the same. He shall be assigned a number, which he shall wear conspicuously on his hat whenever he is engaged in his business, and may charge not exceeding the follow- ing rates: For each trunk, or box used in place of a trunk, transported from one point to another, within the city limits, twenty-five cents; for each hat box, carpet-bag, band box, cloak, overcoat, or other small bundle or package, five cents. Any one neglecting or violating the provisions of this section shall be fined ten dollars for each offense. Any porter may be removed by the Board at any time for misconduct. § 9. No agent of any insurance company shall make or effect any insurance in the city without having first obtained a license so to do, under the penalty of ten dollars for each offense, recoverable by warrant before the Police Judge. § 10. The agents composing “Frankfort Board of Fire Underwriters” shall pay two dollars per annum Porters. Insurance agent. Board of Under- writers to pay license. 48 LICENSES. Livery stabks. Transfer wag- ons. license fee for each company represented by said board, and a general license to said board shall be issued, wliich shall authorize each insurance agent belonging to said board to transact the business of insurance in the city during the time said board is so licensed. The Secretary of said board shall quar- terly certify to the City Clerk who are members of said board. All other insurance agents, or solicitors, rep- resenting life, fire, plate glass, accident or other insurance companies, shall pay a license fee of two dollars for each company represented by such agent. § 11. Livery stables shall be divided into three classes by the Council, and the price of license for a year shall be according to its class, as follows: For one of the first class, forty dollars; second class, thirty dollars; third class, twenty dollars. § 12. The price of license for one year for vehicles running within the cit}q for profit or hire (not belonging to a livery stable), shall be as follows: For each hack or wagon, having not more than two work beasts, five dollars; for each wagon, having more than two work beasts, eight dollars; for each dray, cart or other vehicle, using two horses, five dollars; for each cart or other vehicle, using one horse, three dollars; each omnibus and baggage car, ten dollars. Before any license shall issue the applicant shall be required to execute bond to the city, with good security, to be ap- proved by the Clerk, in the penal sum of one hundred dollars for each vehicle, conditioned for the safe de- livery of all articles entrusted to him, or his driver, to be carried in said vehicle, and of all persons or things which the owner, or driver, may undertake to carry, and for a strict compliance with such ordinances as have been, or may l)e, passed, regulating the business licensed, or charges of vehicles. And the Clerk shall LICENSES. 49 ussign to each vehicle so licensed by him, a number, which shall be specified in the license, and which sliall also be kept plainly marked on such vehicle. Any person letting to hire, within the city, any wagon, hack, carriage, coach, dray, cart or other vehicle, without license aforesaid, and without having attached thereto, in some conspicuous place, the number to correspond with that in the license, shall be fined five dollars for each offense. § 13. Wholesale and retail merchants, irrespective of the character of merchandise sold by them, shall be rated by the Council, from year to year, into twelve classes, and the price of license for one year shall be : For the first class, two hundred and fifty dollars; for the second class, one hundred and twenty-five dollars; for the third class, one hundred dollars; for the fourth class, ninety dollars; for the fifth class, eighty dollars; for the sixth class, seventy dollars; for the seventh class, sixty dollars; tor the eighth class, fifty dollars; for the ninth class, forty dollars; for the tenth class, thirty dollars; for the eleventh class, twenty dollars; for the twelfth class, ten dollars. Nothing herein shall be so construed as to authorize the retailing of spirit- uous or malt liquors. § 14. No tavern or coffee-house license shall be issued by the Clerk, except the same has been ordered by the Board, a majority of all the Councilmen elected being necessary to the granting thereof. No such license shall be granted to a person of bad character, or who has been convicted of keeping a disorderly house, or of suffering gaming in his house, and no license shall be granted to keep a tavern, unless the Board is satisfied that the applicant is prepared with houses and bedding necessary for that purpose, and it shall be further satisfied that the keeping of a tavern 4 Wholesale and * retail m e r - caants. Tavern and coffee-house li- cense. No license to persons of had character. 50 IJCENSKS. Must give bond. Coffee-hous e keeper must give bond. Beer license. at the place proposed is necessary for the accommoda- tion of the public. The ]>rice of a coffee-house license^ or for a tavern license, embracing the privileges of retailing spirituous liquors, shall he two hundred dollars per year. No such license shall be trans- ferable. The Board may revoke any such license at pleasure, and in case of a revokation for good cause, no part of the money paid therefor shall be refunded. No license shall be issued to a tavern keeper, until he shall execute bond, with good security, to be ap- proved by the Mayor, in the penal sum of five hundred dollars, payable to the Board of (k)uncilmen, condi- tioned as required in the 5th section of the 1st article of chapter 106 of the General Statutes of Kentucky, title “ Taverns, tippling-houses,” &c., or by Ordinance of the city. No license shall be issued to a coffee-house keeper until he shall have executed bond to the Board of Councilmeii, with good security, to be approved by the Mayor, in the penal sum of five hundred dollars, con- ditioned to keep an orderly house, and not to permit gaming or any riotous or disorderly conduct therein, and not to give or sell liquor to minors, contrary to law, and containing such other provisions as the Board may require. The form of bonds may be prescribed by Council. Any person may keep a house of private entertainment in the city without license or tax therefor. § 15. The price of license to sell at retail, within the city, porter, ale or beer, for one year, shall be seventy dollars. § 16. The price of license for any lecture, concert, theatrical exhibition or entertainment for money, and such as are not otherwise provided for, shall not be less than five dollars nor more than twenty dollars for each day or night, nor less than twenty dollars nor more- LICENSES. 51 than fifty dollars for a month, as the Mayor may, in writino', direct, or two nundred dollars per year, the time to he specified in the license. § 17. The price of a license for a billiard table for one year shall be twenty dollars, and a like sum for each table set up or ke[)t by the same party. The price of a license for one year for a Jenny Lind, bag- atelle, pool or other table, used and occupied in like manner, shall be thirty dollars, and a like sum for each additional table set u[) or kept by the same party. § 18. The price of a license for a shooting gallery, within the city, for one year, shall be twenty-five dollars. § 19. Whenever any thing, calling or article is re- quired by the City Charter, or Ordinances of the city, to be licensed, any person who shall do such thing, pursue such calling, or employ or use such article, without such license, shall be fined for each offense, not specifically provided for, not less than twenty-five nor more than one hundred dollars. § 20. Tlie License Committee is authorized to regu- late the license tax on itinerant shows and peddlers when the Board is not in session. § 21. That sales of cattle, horses, hogs, sheep and other stock at auction, within the city of Frankfort, shall be free from any license tax. § 22. The Ordinance passed March 15, 1881, in rela- tion to selling by sample, representation, t^c., is hereby continued in full force and effect. § 23. The License Committee shall have authority to fix schedule of licenses for all kinds of business or callings, not provided for in the foregoing sections, under an act of the General Assembly of the Com- monwealth of Kentucky, approved April 9th, 1886. Billiard tables. Shooting gal- ler3-\ Any calling, &c. Tax on Itiner- ent sho\\s and peddlers. No license tax for sales of cat- tle, &c. Selling by sam- ple, &c. License Com- mittee to fix schedule of li- censes. 52 MARSHAL. Committee must give ten days’ notice of date of expira- tion. Merchants’ re- tail liquor li- cense. Oath and lia- bilities. His duty to see the laws and Ordinances are enforced. Shall arrest of- fenders. § 24. It sliall be the duty of the License Committee to give to the parties ten days’ notice, in writing, stating the date of expiration of each party’s license, and the amount to be paid by such party for the next ensuing year. § 25. All Ordinances in conflict herewith are hereby repealed. § 26. The price of merchant retail liquor license, within the city, for one year, shall be seventy-five dollars, and that liquor sold thereunder shall not be drunk on the premises. ORDINAJ^CB Na. 21. MARSHAL. § 1. Before entering upon the discharge of his duties, the City Marshal shall execute a covenant to the Com- monwealth of Kentucky, with good and sufficient secu- rity, to be approved by the Board of Councilmen, for the faithful discharge of his official duties, and shall take the usual oath of office. The cit}q or any person, aggrieved thereby, may maintain an action in any court of competent jurisdiction; on the official bond of the Marshal for any breach thereof. § 2. I. It shall be the duty of the City Marslial or Policeman to see that the laws find Ordinances of the city are executed, and he shall give information to the City Atorney or Police Judge, or other proper person, and cause prosecution to be instituted for all offenses against the same, or against the laws of the Common- wealth, committed within tlie limits of the city. II. He shall arrest all persons actually engaged in any riot, rout, unlawful assembly or breach of the peace, or whom he may have reasonable cause to be- lieve guilty of any offense, and take them before the MARSHAL. 53 proper officer, to be dealt with according to huv. He shall have authority to summon such citizens as may be necessary to enable him to discharge his official duties, and to enforce the law. Any person so sum- moned, who shall fail to attend and render the services required, shall be fined five dollars, recoverable by warrant before the Police Judge. Any person who shall resist, oppose or hinder the- Marshal in the dis- charge of his official duties, or the enforcement of the Laws or Ordinances of the city, shall be fined twenty- five dollars for each offense, recoverable by warrant before the Police Judge. III. It shall be his duty to have the streets around or in front of the city’s property, and the intersection of the paved streets, cleansed, whenever necessary, at the expense of the city; and upon information being given him by any citizen of any unhealthy or unclean matter upon the premises of any person, it shall be his duty to forthwith inspect the premises complained of, and immediately cause the owner or occupant to re- move the same; and, if not done in one day, to cause a warrant to be issued against the offender. IV. He shall cause to be removed all dead carcasses and other offensive or unhealthy matter without the limits of the city; the expense of which removal may be recovered of the owner of the dead animal, or per- son who caused such nuisance, by warrant before the Police Judge. V. He shall collect taxes, fines and other moneys due the city, which may be listed with him by the proper officers, and shall pa}^ the same over in due time to the City Treasurer, or other proper person. VI. He shall see that a sufficient passage is left in the streets by all persons engaged in building, for the convenient passage of all vehicles and horses which May summon the posse. Penalty for fail- ure to assist Marshal. Penalty for re- sisting. Have certain streets cleaned. Abate n u i s - ances. Cost of same. To collect taxes Other duties. 54 MARSHAL. May appoint deputies. Responsible for t heir acts. His fees. Marshal to pay all collections monthly mto the Treasury, a n d m a k e m o n t h 1 y re- ports of all col- lections. Shall also make monthly re- ports of unpaid gas bills. Shall report er- roneous assess- ments to Fi- nance Commit- tee. Marshal allow- ed ten per cent, on all taxes col- lected by him. sliall proliably pass tlie street on which they shall be eiiga^’cd. lie sliall perforin such other duties as the Ordinances, of the city or the orders of the Board of Council men may, from time to time, require. § 3. He may appoint one or more deputies, who shall take the oath of office, and shall be invested with all authority which is or may be conferred on the princi- pal. Tlie Marshal and his sureties on his official bond shall be responsible for the acts of his deputies. § 4. The Marshal shall be allowed per centum upon all taxes collected by him, and such fees as may be allowed him by law. § 5. The Marshal shall pay into the City Treasury, at the end of each month, all the money he collects under and by virtue of his office, and take duplicate receipts therefor, one of which he shall lodge with the Clerk; and he shall make monthly reports to the Council of all of his collections as Marshal, under their respective heads. § 6. That hereafter when the City Marshal, in mak- ing demand for taxes due the city, shall ascertain that property has been erroneously assessed, he shall report said assessment to the Finance Committee, whose duty it shall be to report the facts to the Council for its action, at the first regular metting, after said committee has investigated the matter or matters referred to it by the Marshal. § 7. The Marshal or Collector shall be allowed ten per centum upon all taxes collected by him and paid into the City Treasury. Provided, That in sales of real estate for taxes, in which the city becomes the purchaser, the commission aforesaid shall not be paid him until the city shall have actually collected the same, either by a redemption of the property by the owner, or a sale and conveyance of same by the city. § 8. That it shall be the duty of the Collector of ‘Taxes to collect all taxes, either past due or to become due in the future; and to collect all other claims, debts •or demands due the city, whenever he is required to do so. Before levying upon or selling any real estate for taxes or other debts due the city, it shall be the duty of said Collector to levy upon and sell personal ]>roperty of the person so indebted; or he shall distrain and gariiishee, or shall attach personal property, as is now allowed by law to Sheriffs and other collecting officers of this Commonwealth. Said Collector shall make a settlement every month of all collections, &c., made by him, as is now required of other city officers, which report shall be approved the Council. He shall be allowed, for all collections so made by him, ten per cent, on the amount collected, which com- missions shall be paid by the person indebted. But where the ten per cent, can not be added to the i)rin- cipal, it shall be allowed to the Collector by the Council. Said Collector shall serve all notices and other pro- cesses, whenever directed by the Council to do so, and he shall attend all the meetings of the Council, and re- ceive such compensation for those extra services as the ■Council may direct. ORDINA.NCB 2Vo. 22. MAYOR. § 1- When the Board of Councilmen is not .in ses- .sion, the Mayor shall have a general charge and over- sight of the officers and affairs of the city. He may temporarily suspend any officer of the city for good Personal prop- erty must first be sold for taxes. Collector must m a k e settle- ment every nioutb. Must serve all notices and at- tend meetings of the Council. When Council Is not In session Mayor to have general charge of the officers and affairs of the city. M a y suspend any ol'licer, re- (luire reports, &c. May call spe- cial meetings of the Board. In case of sus- peiided officer must convene Council, and re- port in two days, with ground, s. • May relieve ex- treme cases of want. May employ ex- tra police, and close driiiKing- houses, when peace and good order so ra- quire. Limitation. To submit esti- mates of ex- penses. Shall keep ac- count of assets and liabilities of city, and re- port to C..unal quarterly. and sufficient cause to him made known; may require reports from any officer or committee of the Council, upon any point touching the interests of the city; and may call special meetings of the Council at any time: Provided, That in case the Mayor shall suspend any officer, he shall cause a meeting of the Board of Coun- cilmen to he convened within two days thereafter, and report sucfi suspension, together with the grounds thereof, in writing, when the matter shall be investi- gated and decided by the Board. § 2. He may, in extreme cases, upon a report to him by the Marshal of the necessity therefor, order the Marshal to furnish supplies to any poor person in dis- tress, not to exceed the sum of three dollars in any one case, unless ordered by the Board. § 3. He may. whenever he may deem it necessary for the public good, or when, on special occasions or holidays, he may deem it necessar}^ to the peace and good order of the community, appoint special night or day watchmen, or by proclamation may forbid the. sale,, within the limits of the city, of any intoxicating liquors: Provided, That a proclamation closing drinking saloons and forbidding the sale of liquors shall not operate at any one time for a period longer than twenty- four hours. § 4. He shall, at the next meeting of the Council after the return of the Assessor’s book, submit esti- mates of the expenses of the city for the year. § 5. He shall, in a book to be kept by him for that purpose, keep an exact account of all the assets, debts and liabilities of the city, and he shall, at the stated meetings of the Council in January, April, July and October, present a transcript therefrom, showing tlie exact amount of the assets, and a detailed statement of the liabilities, the dates thereof, and the times at which OFFICE AND OFFICER. 57 they may respectively become due, and report any sug- gestions or recommendations lie may think proper. § 6. He shall keep the bonds of all of the otlicers of the city in his possession, subject to the order of the Council. He shall, ex officio, be a member of all the standing committees of the Council. § 7. He is authorized to fill all vacancies in office by appointment until the next meeting of the Council held thereafter. ORDINA.NCB No. 23, OFFICE AND OFFICER. § 1. That Ordinance No. 23, of the printed Ordi- nances, be, and the same is hereby, repealed, and in lieu thereof, the following is oixffiined: In addition to the Police Judge, City Marshal and City Attorney, the election of which is provided for by law, the Board of Councilmen shall elect at the first regular meeting, after their election, a President of said Board, who shall serve for two years. Said Board shall also elect at the same time, by ballot, the following officers, who shall serve for one year, and until their successors are elected and qualified, subject to removal at any time by the vote of a majority of all the members of the Board of Councilmen: I. A Clerk. II. A Treasurer. III. An Assessor. IV. A keeper of the city clock. V. A janitor of public offices. § 2. Each officer by accepting an office undertakes to perform such duties as result from the nature of the office or from law or Ordinance, whether enacted before or after he becomes an officer. No officer shall become interested, whilst in office, in any contract with the To keep bonds of city officers. Power to fill vacancies. Offic e r s, who and when, to be elected by Coun- cil. No officer to be interested i n any contract. 58 OFFICE AND OFFICER. Officers to be notified of elec- tion and to give bond In ten days. Vacancies. Duty of officer upon retiring or removal. Officers must take oath. Bond. city, tlie making or (execution of whicli is connected with his official duty, and no member of t'lie Board of Councilmen shall have any interest, direct or indirect, in any contract with the city of Frankfort, during his continuance in his office of Councilman. Anv viola- tion of official duty or failure to perform it shall be sufficient cause for the removal of an officer, and shall likewise be a breach of his official bond, whether so expressed therein or not. § 3. Immediately after each election of officers by the Council, the Mayor shall cause the persons elected to be notified, and any one so elected and notified, who shall fail to qualify and give bond (if required) within ten days shall be deemed to have declined the office and another shall be elected in his place. All vacan- cies in office shall be filled by election by the Council, unless otherwise provided for by law. § 4. Each officer of the city on the termination of his official employment, whether by lapse of time, re- moval or otherwise, shall immediately deliver to the Mayor, his successor or such other officer as may be authorized to receive them, all moneys, maps, property and papers, connected with his office or in his custody, belonging to the city. § 5. Every officer of the city, before entering upon the discharge of his official duties, shall, before the Mayor, Police Judge or other person authorized to ad- minister oaths, take an oath faithfully and impar- tially to discharge the duties of his said office. All official bonds required by the Charter or Ordinances of the city, except in such cases as a specified penal sum is fixed, shall be as follows: CITY officer’s bond. Whereas, has been to fill the office of , within and for the city of OFFICE AND OFFICER. Frankfort: Now, we, , })rincipal, and , Ills sureties, jointly and severally, do liereliy covenant, agree and ])ind ourselves to the Board of Councilinen of the city of Frankfort, that the said shall faithfully perform and discharge all and singular the duties of said office of during his continu- ance therein; that he sliall pay over, in due time, to the proper persons, on proper authority, all moneys which may come to his hands hy virtue of said office, and make out and present to the proper persons, at the proper time, all reports required of him; and shall ob- serve, enforce and obe}" all statutes, laws and h}"-laws, orders, rules, regulations and Ordinances of said city of Frankfort in relation to said office. § 6. That it shall he tiie duty of all officers elected under this Ordinance to report to the Board of Coun- men, at its regular meeting on the second Tuesday in every month, all matters that may be of interest to the -cit}q and which may require the attention of said Board of Councilinen. § 7. 'That it shall be the duty of all officers of the eity, whether the said officers he elected by the Board of Councilinen or appointed under acts of the General Assembly of the Commonwealth of Kentucky (if said officers have charge of any of the property of said oity), to report to the Council, at its regular monthly meeting, a full and complete report on property, report blanks furnished them by the City Clerk, which shall show the amount of property of every kind on hand at the last report; the amount acquired since last re- port; the amount expended or used since the last re- port, and amount on hand at the date of the report, together with such remarks as may be necessary to ex- plain said report. No pyoperty shall he transferred from one department to another, unless it be upon the requi- 59 Officers must make report at regular meet- iag in each month. Must report pro p e r t y on hand an d amount e x - p e n d e d or used. 60 OFFICE AND OFFICER. Transferring of property from one depart- ment to an- other. ^ Bond when a fixed penalty is required. sitioii of the Chairman of the Committee having in charge tlie department to which the property is trans- ferred, indorsed with an order from the Cliairman of the Committee liaving in charge the department from wliich the property is taken, directing the transfer. AVitness our signature, this day of , 18 — , Principal. I Sureties. Approved by the Board. Attest: — , Mayor. Bonds wherein a fixed penalty is required shall be as follows: We, , principal, and , his sure- ties, are held and firmly bound unto the Board of Councilmen of the city of Frankfort, in the penal sum 'of dollar.3, for the payment of which sum we bind ourselves, our heirs, executors and administrators firmly by these presents. In testimony whereof witness our signatures this^ day of , 18 — . The conditions of the above bond is such, that^ whereas, the said has been elected to the office of ; now, if he shall well and truly discharge the duties of said office, and pay over and deliver, in due time, to the proper persons, all moneys and prop- erty which shall come to his custody, by virtue of said office, then this bond shall be null and void, else to re- main in full force and effect. (Signed) , [n. s.], , [l. s.] , [l. s.l A})proved by the Board. Attest: , Mayor. POLICE. G1 All official bonds shall b& approved by the Board of Councilinen. Such orders of transfer, bills of purchases and re- ceipts for all property sold, shall accompany the reports mentioned in the first section, and as vouchers for the Same. No article shall be dropped from the report as worthless and of no value, unless the same shall have been first condemned by the committee in charge of the department, and reported to the Council, and the ■condemnation approved. § 8. Any officer who shall fail to make a report as required of him by the Ordinances of the city, shall be fined not less than two nor more than ten dollars for failure to do so, recoverable by warrant before the Police Judge. § 9, The Board of Councilinen of the city of Frank- fort, shall, from time to time, fix such compensation for all officers named in this Ordinance as said Board may deem adequate: Provided, however, That said com- pensation shall not be in excess of the salaries now paid said officer or officers of the city, who may have discharged like duties. ORDINA.NCJB No. 24. POLICE. § 1. The Watchmen, before entering upon the duties of their office, shall, before the Police Judge, or some other person authorized to administer oaths, take an oath that they will faithfully and impartially execute the duties of the office. § 2. It shall be the duty of the Police diligently to endeavor to detect all offenders against the laws of the State, or the Ordinances of the city, and, when occa- sion requires, to arrest and commit them to the city Penalty for fail- ing to make re- port. Compensat i o n of officers to be fixed by Board. Oath. (52 I'OI.ICE. Duties of polico and watcliinen. Party can not be :confined in work-house ex- ceeding twentj- I'our hours w ith- out order of commitment Can not be re- leased except on written or- der of Police Judge or Mavor May arrest with- out warrant. May summon bystander. Penalty for fail- ure to assist. Penalty for hin- dering or ob- structing p o - lice. work-liouse, or county jail; to see that all disorders or disturbances of the peace are broken up, that good order and ([uiet are maintained, to arrest all persons found drunk and disorderly, or who, by boisterous con- duct, songs, cries, wrangles or quarrels, shall disturb the peace, (piiet and good order within the city, and place such oftenders, if drunk, in the city work-house,, until he or they shall become sober, and all persons committed to the work-house shall remain therein until siich time as an investigation of the offense charged can be had before the city Police Court. Provided^ That no person shall, without an order of commitment from the Police Judge, be confined in the work-house or station-house for a period exceeding twenty-four hours, and no person or persons committed to the- work-house or station-house shall, before trial of the charges against him or them, l)e released therefrom,, except on the written order of the Police Judge, or the Mayor of the city, in the absence of said Judge from the city, or in case he is inca})acitated from acting, if in the city. § 3. Any Watchman may arrest any offenders, or suspected offenders, against the laws or Ordinances of the city, withouf warrant, and, in doing so, may sum- mon any bystander to assist him. Any person thus summoned, who shall fail or refuse to render assistance to the Watchman, shall be fined five dollars for each offense; recoverable by warrant before the Police Judge; and any person who shall Avillfully obstruct, hinder or resist a ACatchman, in the performance of his duties, shall be fined, for each offense, twenty-five dollars, re- coverable by warrant before the Police Judge. PUBLIC PROPERTY PUBLIC ^YORK. (33 ORDINANCn No. PUBLIC PROPERTY. § 1. Any person who shall post, paste, or print any hand-bill or advertisement, or cause or procure the same to be done, on any public house, fence or property within the city, without the written consent of the Mayor, or on any private property without the consent of the owner or controller thereof, shall be fined five dollars for each offense. § 2. Any person wbo shall unnecessarily hinder or delay another in resorting to or using any public pump, or shall water a horse or other animal within ten feet of such pump; or any brick-mason, stone-mason or plasterer who uses a public pump to procure water to carry on his business, shall be fined, for each offense, ten dollars. See CHIMES AND PUNISHMENTS. ORDINANCE No. 2G. PUBLIC WORK. § 1. All work for the city shall, after due notice, be let to the lowest and best bidder, by the committee or officer authorized to have the same done, unless the Council otherwise direct. ORDINANCE No. 27. REVENUE AND TAXATION. § 1. The City Marshal present to the Council his delinquent list at or before the regular meeting of the Board in the month of December in each year; and no credit will be allowed him for a delinquent not pre- sented to and allowed by the Council. He shall accompany said delinquent list with his oath or affirmation, in substance, as follows: Consent must be first obtain- ed before hand- bills are posted on buildings or fences, fine $5. Public pumps. Public work to be let to lowest bidder. Delinquent list to be presented in December. REVENUE AND TAXATION. Oatli of Mar- shal to (lelln- Quent list. Council to al- low. May refer list to Finance Committee o r hear proof as to correctness thereof. Shall allow so much thereof as is found cor- rect. Treasurer to at- tend tax sales, and, if necessa- ry, pur chase property for the city. Amended. See Ordinance No. 28 . Purchaser to have certificate. ^•1, , Marshal of the City of Frankfort, do solemnly swear (or affirm) that the within and fore- going delinquent list for the year 18 — is just and true to the best of my knowledge and belief ; that I have made due inquiry and search for the persons named therein as ^ not found ’ and have not been able to find any one of them in the city; that every person returned as insolvent’ is really so, as I verily believe from the best information I could obtain, and have been so in- solvent since the tax-books for the year were placed \n my hands for collection; that I neither knew, or now know, of any property within said city belonging to any per.son named in said list, out of which his tax bills, or any part thereof, could have been made: so help me God. (Signed) . ‘‘Subscribed and sworn to before me by , this — day of , 18 — . u ” The Council shall forthwith examine said delinquent list, and if satisfied of the correctness thereof, shall allow the same; but if not satisfied as to the accuracy of the same, or any part thereof, may refer the same to the Finance Committee for investigation, or may cause any proof bearing thereon to be produced before the Board, and, after a satisfactory investigation, shall allow such part thereof as may be just and correct. § 2. The Treasurer shall attend all sales for taxes or other assessments due the city, and if no other person bid the amount of taxes, with all fees and costs accrued, shall buy the property so sold for the city; and if he beeome the purchaser, shall receipt to the Marshal for the amount bid, and receive a certificate of purchase in favor of the city. The Marshal, on making a sale for taxes or public duos, shall give the purchaser a certifi- SALE OF GAS WORKS. 113 SA/vJi Ol- GAS WOJIKS. This article of agreement made and entered into this thirtieth day of May, 1882 , by and between the Board of Councilmen ot the city of Frankfort, Ky., of the tirst part, and the Southern Gas Works Company, of the second part, witnesseth : That for and in consideration of the stipulation and agreements, and upon the terms and conditions herein- after expressed, the party of the first part hereby sells and agrees and obligates itself to convey to the party of the second part, or its assigns, all that certain real estate in the city of Frankfort, on Washington and Mero streets, upon Avhich the gas works of said city are situated, being all the lots and grounds belonging to said city, upon which said gas works have been erected and owned by said city, in the management and operation of said gas works, together with ail the buildings, machinery ajid tools, and, excepting all the coal on hand, all materials and supplies, thereon or on hand, belonging to said city and used in or for the manufacture of gas, or in the management or operation of said gas works, and all pipes or pipings, mains, meters, lamps and posts, and other connections, now on hand or laid, or in use by said city in the manufac- ture and supply of gas from said works to the streets and citizens of said city, together with all the other rights, privileges, franchises, fixtures, appurtenances and incidents said city now has in said property, and the right to manufacture and furnish and sell gas therefrom, and the exclusive right to the use of the streets and alleys, roads and public ways of said city, for the purposes of laying, repairing and properly operating all mains, pipes and other necessary machin- ery and materials for the furnishing all gas or other illuminating light in said citv, and for that purpose the 9 114 SALE OF GAS WORKS. second party and its assigns shall have the right to take up or dig up any pavement, street or roadway in said city, provided it shall replace the same in good con- dition, and he r^^sponsible to said city for any damages that may arise therefrom; and any unreason able delay in replacing the same, the said second party, or its assigns, shall execute to the first part}’' forty (40) bonds of ($1,000) one thousand dollars each, to fall due and become payable forty years from July 1, 1882, bearing interest from July 1, 1882, at the rate of (6%) six per cent, per annum, the interest payable semi-annually, on the first day of January and first day of July each year; but said bonds are not to be negotiable or trans- ferable, but are to be held by the first party; and sec- ond party, or assigns, can pay off and discharge any one or more of said bonds at any time before maturity, as they may elect, said bonds to be secured by a lien reserved on the real estate, improvements and fran- chises, to be conveyed hereunder, and also upon all improvements, works, extensions, mains, &c., herein provided to be erected and made by the second party and its assigns, provided herein. The party of second part, or its assigns, are in a sub- stantial manner to improve the present gas works, adapt them for the manufacture of gas, from both coal and oil, thereby doubling their present capacity, renew all street pipes, meters, &c., that may be necessary to put the works and services in good operating condition, and to extend the mains on the streets of South Frank- fort, to the extent of two (2) miles, within one year from this date, with all necessary service and meter connections, to supply all those desiring fhe use of gas in that district along the lin^s of said mains. That from and after the execution of this contract, and the delivery of the property herein to be con- SALE OF GAS WORKS. a i ^ / 11 veyed by party of the first part to }>arty of second part, or its assigns, the latter are and hereby agree to erect all necessary gas posts and lamps and light and keep in repair and good order all the street lamps now in use, or which may hereafter he erected h}" the party of the second part by order of the party of the first part; and 'after the mains are extended in South Frankfort, as herein before provided, the street lamps to he lighted hereunder shall at no time be less than one hundred in number, and all street lights upon streets, in which the second party, or their assigns, shall have their mains, shall he lighted with gas. The street lamps to be lighted nightly, excepting moonlight nights, hut in- cluding cloudy moonlight nights, on an average of at least eight hours, and the party of the first part agrees to pay to the party of the second part, or its assigns, for so lighting the streets of said city, at the rate of ($24.00) twenty-four dollars per annum, for each street lamp, equal to fourteen candles, now or hereafter erected ; and the second party, or its assigns, are and hereby agree and bind themselves to supply con- sumers of gas at the rate of not exceeding ($2.00) two dollars per thousand cubic feet : Provided, hoivever, That if on July 1, 1887, the average price of gas sup- plied to private consumers in cities or towns of this State, of the same or less population than that of the city of Frankfort, shall be less or more than two ($2.00) per thousand cubic feet, then and thereafter the price charged to private consumers in Frankfort shall not exceed such average price, to be ascertained July 1, ]887, and also at expiration of each five years there- after; and the party of the secend part, or its assigns, bind themselves to supply the said city and the private consumers with gas at a good quality, and keep the said works in constant operation, reasonable time for oi ■ 116 SALE OF GAS WORKS. repairs and iiiiavoidal^le accidents excepted. It is fur- tlier stipulated, and as a part of this contract, that all the property, real or personal, herein sold and to be conveyed to the party of the second part, or its assigns,, and all additions and extensions thereof, and all other materials or property to be acquired and used in the operation of said works, and the furnishing and sale of gas or other illuininatin g light, whether in the hands of the second party, or its assigns, and the stock of the company, owning and operating said works, shall, from and after the execution of this contract, be exempt from the ]Rxy- ment of all city taxes to the city of Frankfort; and should it be determined that the party of the first part has not the power to make such exemption from city taxes, then any and all sums Avhich the second party,, or its assigns, shall have to pay for city Faxes, upozi the said property herein attempted to be exempted, shall be added to the sum herein stipulated to be paid for lighting the streets of the first party. The party of the first part further stipulates and guarantees to the party of the second part, or its assigns, the right of way over present bridge between North and South Frankfort, or any bridge that may be hereafter built, or permitted to be built by said city between said parts thereof, or to any suburb thereof, for the })urpose of laying thereon and thereover, their mains and other necessary pipes and fixtures for conducting gas over such bridge, or bridges, and the same to be so arranged and laid as not to interfere with the free use and travel over said bridges. Tbe party of the first part agrees and binds itself to make conveyance of all the property, as required by the terms of this contract, to the party of the second part, or its assigns, so soon as the latter shall execute and deliver the first party forty bonds of ($1,000.00) 117 y SALE OF GAS WORKS. one thousand dollars eacdi, as herein described, and de- liver full i)OSsession of all the })roperty and right lierein mentioned to the second party, or its' assigns, on or before June 30, 1S82. And we, the undersigned, Henry C. McDowell and II. 1). Fitcli, in consideration of the acceptance and ex- ecution of this agreement and contract by the Board of Couucilmen of the city of ‘Frankfort, hereby guarantee that the party of Ihe second part, or their assigns, shall have authority to execute, and shall fully and legally execute the same by or before the 30th day of June, 1882. Signed by H. C. McDowell. IT. D. Fitch. Attest: F. V. Gray. In witness to all of which the party of the first part, by its Mayor, and under its corporate seal, as directed by Ordinances therefor, and the party of the second part, by its vice-president, have hereunto signed their names the date first above mentioned. The Board of Councilmen of the City OF Frankfort, Per Edmund H. Taa’lor, Jr.; Mayor. Southern Gas Works Company, Per H. D. Fitch, Vice-President. Attest: F. \h Graa^ City Clerk. GAS contract. H. 'C. AIcDowell, President of the Capital Gas and Electric Light Co., appeared before the Board and pre- sented an assignment from the Southern Gas Works Com})any of the contract in writing between the last named 'company and this Board, of date May 30th, '1882, which said assignment reads as follows, to-wit: 118 SALE OF GAS WORKS, Louisville, Ky. , June 26th, 1882. For value received tlie Southern Gas Works Com- Com})any hereby assigns tlie benefits of this contract to the Capital Gas and Electric Light Company, and authorizes it as its assigns to execute and deliver the forty bonds of one thousand dollars each and obtain and receive the deed of conveyance from the Board of Councilmen of the city of Frankfort, as provided for in this contract. In witness whereof the Southern Gas Works Com- pany, by H. D. Fitch, its Vice-President, hereunto attaches its name and affixes its corporate seal, this June 26th, 1882. Southern Gas Works Company, [Seal.] By H. D. Fitch, Vice-President. L. T. Rosengarted, Sec’y and Treas. Gen. D. W. Lindsey, on behalf of the Capital G^s and Electric Light Company, presented the following, to-wit : Whereas the Board of Councilmen of the city of Frankfort did make and enter into a contract, of date May 30th, 1882, with the Southern Gas Works Company, by which said Board sold to said Gas Works Company the gas works, property, fixtures, improvements, mains, efec., then belonging to said city of Frankfort, and situated therein, and the said Gas Works (Jompany did, among other things, bind and obligate itself, or assigns, to ex- tend the said gas mains and pipes across the bridge,, over Kentucky river in said city, and into South Frank- fort and lay therein not less than two miles of gas mains, and said Board guaranteed to said Gas Works Company and its assigns the right of way across said bridge over Kentucky river, from North to South Frankfort, to lay and conduct thereon its said mains and pipes, and said Gas Works Compi^ny having assigned and transferred the 119 SALE OF GAS WOHKS. benetit of said contract to the Capital Gas and Electric Light Company, and the latter company, having been placed in })ossession of said gas works proi>erty, is now in good faith performing the obligations of said contract by improving, enlarging and extending said gas works and mains, and is now ready and desirious of extending and conducting said mains across said bridge and into South Frankfort, and to that end has obtained by order of the Franklin County Court the right and consent of said county and county court, as a stockholder in said bridge, or the bridge company, to which said bridge now belongs, to so extend and con- duct said mains across said bridge, and the said city of Frankfort of Board or Councilmen thereof being the owner or owners of all the stock in said bridge or bridge company, not owned by said county or county court, now, therefore, Be it ordained hy the Board of Councilmen of the city of Frankfort : That the said Capital Gas and Electric Light Company is hereby authorized and permitted to extend and connect said mains across said bridge and use and maintain the same thereon, and may attach the same to the timbers and frame-work thereof, so as not to obstruct the free use and travel over the same, and so as not to injure or weaken the same. RESOLUTIONS. Is s IT a n c e of bonds in the sum of ^25,000 for benefit of public schools, <&c. Enrollment of Ordinances. JJancIs for Sohaol Pui'pfjsos, On motion it was ordered, that whereas, by act of the General Assembly of tlie Commonwealth of Ken- tucky, approved April 25, 18S4, and an Ordinance adojited July 1, 1884, the Council was authorized to issue bonds for school purposes, and by an act of the General Assembly of the Commonwealth of Kentucky, approved March 26, 1884, and an Ordinance adopted by the City Council on June 10, 1884, authorizing the issuance of bonds in the sum of $25,000 to fund the floating del)t of the city of Frankftnd, it is now ordered that said bonds be now issued as aforesaid, . and when so issued, that they be placed in the custod}^ of the Board of Sinking Commissioners for the benefit of Frankfort Pulilic Scliool, for that amount collected by the city from the Lottery Fund, and due said fund by the city. I^nrollment af Or'dinanoes, That the following rules lie, and they are hereby, ado})ted to govern the enrollment of Ordinances and Resolutions passed by this body, and their presentation to tlie itlayor for his approval: 1. The President shall appoint three members of the Council as a standing committee on Enrollments. 2. After an Ordinance or Resolution shall have been adopted by the Council, it shall be duly enrolled on paper, under the signature of the Clerk. 3. The Clerk of the Council shall take charge of all Ordinances and Resolutions that may be adopted by the Board, carefully preserve the same, and cause then) RESOLUTIONS. 121 to be i)lainly and legil)ly enrolled, without blots or erasure,:!, and present the same when assed, provide, shall be listed with the Marshal of the city, and collected as other taxes. Notice of such order or direction for constructing, re- pairing, grading, paving, macadamizing or curbing streets, alleys, sidewalks or gutters, shall be given by publication in tlie newspaper of the Public Printer for CITY CHARTER. 131 the time l)eing, for one month, ]>y successive weekly publications therein, or by j)rinted notice set up at the door of the ]\Iarket-house and at twenty other public places in said city one month previous to the time fixed for the completion of such work; and a copy of such order or direction, if published in the newspaper, ac- companied with the affidavit of the Public Printer that the same has been duly published as herein provided, or a copy of such printed notice, accompanied by the affidavit of the Marshal that he posted the same as re- quired b}^ this section, may be recorded in the Clerk’s office of the Franklin County Court, and shall be prima facie evidence that said order or direction was given and publication made as required by this act, and at- tested copies of the same may be used on the trial of any cause, and shall have the same force and effect as other attested copies now authorized by law. § 11. That said Board of Councilmen shall be author- ized to purchase and hold any quantity of ground, not exceeding fift}" acres, within two miles of the limits of city of Frankfort, for a burying ground; and may make all needful and necessary regulations for the use and protection of the same. The}^ shall have full power to purchase and erect necessary ground and buildings for a free school or schools in said city ; and to make all provisions for the support thereof by levying and collecting such taxes as may be authorized by law. They may also establish or authorize fire and liook and ladder companies, the members of which companies shall be exempt from militaiy duty in said city, and prescribe rules for their management, and procure the necessary engines, hose and implements to be used in case of fire; and may require all the inhabitants of said city to keep such number of buckets as the}^ ^^^^y How publica- tion of notice proven. May purchase burying-grouud and regulate and protect the same. May purchase ground and erect buildings for public schools and levy tax to sup- port same. May establish, authorize, and regulate fire de- partment. Procure en- gines, &c. 132 CTTY CHAKTKK. May reciuire cit- izens to do lire duty. Watc h - h o u s e and Work- house. Persons fined maybe commit- ted to Work- house till fine is paid. Fine and costs may be satis- fied by labor in Work-house at $2 per day. Amended act of Feb. 3, 1876. Board may pro- vide for chain- gang to work offenders on the streets. May assess an- nual tax. tliiiik necessary. Tliey may re(|uire all the able-bodied male citizens of said city to do fire duty, under such regulations as may be deemed proper. They shall have i)Ower and antbority to establish a Wateb-bouse and a Work-bouse, and to a})point watch men and other otbeers to superintend sucli bouses, and to apprehend all offenders and disorderly persons, or })ersons keeping disorderly bouses, and take them before the })roper tribunals, to be dealt with according to law. All ])cr- sons who may be fined or sentenced to conlinement by judgment of the Police Judge, or other officer author- ized to try offenses under this act, for breaches of the peace, riots, routs, affrays, unlawful assemblies, keeping a disorderly house, or any other offense against the Ordinances, By-Laws, Rules or Regulations of said city, or the general laws of the State, and all common mendi- cants and vagrants may, by the order of the Police Judge, or other officer trying the case, be confined in the Work-bouse, at liard labor, during the period of confinement so prescribed; and in case of fine, may be so confined at bard labor until the same is paid, or until said fine, with all fees and costs, shall have been discharged by sucli labor, at the rate of two dollars per day. And said Board of Councilmen may provide, by Ordinance, that judgments of fine and imprisonment for violations of the general laws within the city, the Charter, By-Laws, Rules or Ordinances of tbe city, shall he satisfied l)y work and labor done upon tlie streets or elsewhere in or near said city; and to this end, may provide for the organization of such offenders into working })arties, with })i*o})er superintendents; and, to prevent escape, may authorize them to be confined or chained together, under proper regulations. § 12. That the Board of Councilmen shall have power and authority to assess annually, levy and col- CITY CIIAHTICR. 133 lect, a tax not oxcoeding two dollars and fifty cents on the hundred dollars’ worth of ])ro])erty, exclusive of the school tax and fax authorized to ])ay princiiial and in- terest of the bonds of the city issued for school pui'})osos, on all real estate 'within the limits of said city, and all bank stocks, bridge stocks, manufa^ turing stocks, or any other kind of stocks, money, notes, or bonds of cities, towns, corporations, or States, choses in actioi, , and all personal estate of every kind, not' exempt by law from execution, belonging to citizens of the city of Frankfort, and any capital or other prop- erty belonging to any other corporation or citizen of any other place employed in said city; and they may^ also levy and collect a poll tax, cf not exceeding two dollars and fifty cents each, on all male persons within said city^ over the age of twenty-one y^ears. They may prescribe the time and mode of taking the lists of tax- able property^ for city^ purposes, and of ascertaining the value thereof, and of correcting the lists of valuation of the Assessor; aud may^ fix penalties for refusing to give in list, or giving in a false or fraudulent list; and may prescribe an oath, to be administered by the As- sessor to all persons giving in lists of propertyv The Glerk of the Board of Councilmen shall, within the time prescribed by the Board, not later than the 1st of June in each year, record in a book to be kept by him for that purpose, the A-^sessor’s list, with any corrections that may liave been made therein by" the Board; and said lists thus recorded, or copies thereof, attested by^ said Clerk, shall be received in evidence in any court, and shall be j)rima facie evidence that the Assessor com- plied with all the duties required of him by law; and shall also be prf?7i« /acfe evidence that all, the laws in relation to the fixing and adjustment of taxes have been regularly complied with by the Board of Councilmen What property taxable. Poll tax. A.ssess m e n t — how made. lU CITY CriARTER. May tax shows, l)e(l(llers, auc- tioneers, &c. Amended by act of Aj)rU 9, IHbii. Exceptions. May tax and re- quire to be li- censed drays, wagons, hacKs, er annum, and (o discontinue »said li- cense, or any ]>art thereof, at [)leasure. The Hoard of Conncilmen may lix a time within which all taxes and assessments due the city shall he paid to the Treasurer, and if not ]'»aid l)y that time, may cause the sanm to be listed with the Marshal or other proper officer for col- lection, and may add to the amount due in each case the expense of such collection, not exceeding ten per cent, on the amount so due, unpaid, and listed as afore- said; and if a levy and sale are required, the cost thereof shall also he added: Provided, That tlie Board of Coun- cilmen shall cause the Treasurer of said city to pay, annually, into the Public Treasury of the State, the amount belonging to the public revenue. And the Clerk of said Board of Conncilmen shall, annually, on the 31st day of December, make report of the number of licenses so issued, and the amount of State tax so collected by the Treasurer; and the said Clerk and Treasurer may be proceeded against by the Auditor for failure to perform the duties herein required in the same manner as delinquent Count}" Court Clerks are pro- ceeded against. Any law giving to the County Court of Franklin county the power to grant tavern or mer- chant’s licenses within the limits of said city is hereby repealed: Provided further, That the provisions of this act shall in nowise change the mode of listing mer- chandise for taxation in said city for the State revenue or the collection of the tax thereon. § 13. That to insure uniformit}^ in the measurement or weight of coal and wood, and all other articles sold within said city by weight or measurement, and to pro- tect the citizens from im}»osition in the sale and pur- chase of such articles, the Board of Councilmem may appoint a ‘‘Weigher and Measurer,” or “Inspector of May add ten j)ei' cent, to taxes it not paid in speci- iied time. State tax to be paid. City Clerk to re- port to Auditor. Amended by act ot Feb. 1, 1886. Authority t o county court to gi’ant licenses repealed. May appoint Weigher and Measurer and prescribe his duties. CITY C.IIARTEH. 13 () Weights and Measures” for tlie city, and may, l>y suit- able 1)\-Laws or Ordinances, already enacted or liere- after to lie enacted, regulate the duties of said officer and the mode and manner of discharging them; and Shingles. iirovidc for the insjiection of shingles and illumi- nating oils bought or sold within the city. They may Penalties prescribe such penalties liy fines for violations of tlie By-Laws, Ordinances and Begulations herein authorized to he made as they may deem proper, not exceading fift}' dollars for a single violation, recoverable as other fines. May create sinking fund and set apart moneys thereto May levy fifty cents tax for sinking fund. May invest sur- plus money of said fund. Board may fund debt and is.sue bonds. § 14. That the Board of Councilmen shall have au- thority to create a sinking fund to enable the city to pay off its debt, and to prescribe and designate such taxes on licenses, and other revenues, to be paid into the sinking fund, as they may deem proper; and shall have authority to levy and collect, on the taxable property within said city, annually, until the payment of the bonded debt of the city, a special tax of not exceeding fifty cents on the one hundred dollars’ worth of prop- erty, which tax so levied and collected shall be applied only to the payment of the principal or interest of the debt of the city; and the Board of Councilmen shall have full power and authority to order the investment or re-investment of any surplus in said sinking fund, from time to time, in safe and profitable securities. § 15. Whereas, the Board of Councilmen have re- cently incurred a considerable debt by the purcliase of a steam fire-engine and necessary ap})aratus, and the erection of an engine-house and other necessary and pro})or improvements, all done upon the petition of the mass of property-holders within the city; therefore, the said Board of Counciinien shall have }>ower to fund the existing debt due from the city, and are hereby author- ized to issue the bonds of the city, in any sum not CITY CHARTER. VM exceeding ten thousand dollars for any period not more than twenty years, payable at such place as may be fixed by Ordinance, bearing any rate of interest not exceeding ten per cent., payable semi-annually or other- wise; said bonds may be of any denamination not less than one hundred nor more than one thousand' dollars each, and shall be signed by the Mayor, and counter- signed by the Clerk, and shall bear the seal of the cor- poration; which said bonds, so issued as aforesaid, may" be sold and disposed of by the Board of Councilmen, upon such terms and in such manner as they may deem best for the city to enable them to discharge said debts. Or said Board of Councilmen may execute the note or notes of the city to any such citizen or citizens, or corporations, as will furnish money on loan for the purposes aforesaid, payaljle in one, two, three, four, or five years, bearing interest at an}" rate not exceeding ten per cent, per annum, whicli said note or notes shall be signed by the Mayor, and attested by the Clerk of the Board of Councilmen, and shall beai- the seal of the city, and being so executed after an order of the Coun- cil so directing, they shall create a binding obligation against the Board of Councilmen, and a lien on the property of the city, enforceable as other contracts; Provided, That at the time of the issual of such bonds, or the execution of the notes as aforesaid, a sufficient tax shall be levied on the taxable }>roperty of the city to meet the payments stipulated therein, whether of principal or interest, and shall be so levied and col- lected annually, till the said debt shall be fully paid. § IG. That the Board of Councilmen of the city of Frankfort shall have power to appoint annually a Clerk, Treasurer, Assessor, Market-Blaster, Xight and Day BVatchmen, Superintendent of Gas and BVater-BVorks, officers of dire Department, BVeigher and Bleasurer, Or execute notes of city. r-bal at tlie time of i.ssuing :uch bonds or notes, provide for pajauent by tax. M a y appoint officers and pre- so’ibe tbeir du- ties. iixsalarie.'. prescribe bonds of. &c. 138 CITY ClIARTKIC Official bond to operate a. a mortgage lien on property of officers a ii d sureties. Actions on bonds. May remove of- ficers at pleas- ure. and fill va- cancies. Board possess ^ all p o vv e r s granted by gen- eral laws. [iispector of Oils, and such other olficers for said city as may be neces.^^arv to carry into effiBct the Laws, By-Laws, Ordinances, Rules and Regulations of said city, and may ju’escrihe the respective duties and fix and provide for the payment of the respective salaries of said officers. They shall rec|uire bond, with sufficient surety, conditioned for the faithful discharge of official duties of all jiersons appointed by them to fill respon- sible offices. All such official bonds shall be executed to the Board of Councilmen of the city of Frankfort, and may contain any stipulations and covenants that tlie said Board may think proper to require, and shall be approved by the Board and kept by the Clerk, and, Avhen executed, shall operate as mortgage lien on the real and personal estate of the officers and their secur- ities respectively, until all the conditions of such bonds are fully comjilied wdth; and proceedings by motion, or suit at ffiw or in equity, may be maintained thereon in any Court of competent jurisdiction held within the county of Franklin, by said Board o.f Councilmen, or any person aggrieved, for any neglect of, or failure to perform, official duty, and for all damages sustained by reason of such failure on the part of any of said officers. Said Board of Councilmen shall have full power and authority at any time to remove any of said officers or their dei)uties, and to appoint others in their stead; and also to hll any vacancy Avhich may occur in any of said offices from death, resignation, or other cause. The Board shall require all officers, before en- tering upon the discharge of official duty, to take the constitutional oath and such other oaths as may be prescribed by Ordinance, Order, oi* By-Law. § 17. That the said Board of Councilmen shall ex- ercise and })ossess all the powers and })rivileges which, by tlie genei’al laws of the land in relation to towns and CITY CIIARTKK. 139 <*ities, are granted to Trustees or Council men ; and shall have full power and authority to make all the necessary l^y-Laws, Rules, Ordinances and Regulations, for the pur- pose of carrying into effect the powers grcinted by this act, and also such as may be necessaj'y for the comfort, cleanliness, good order, and security of said city and the citizens thereof, and may enforce the same by adequate penalties, to be recovered in their name by warrant before the Police Judge or any Justice of the I^eace or in any court of competent jurisdiction, pro- vided the same are not contrary to the Constitution and laws of the land. Said Board of Councilmen shall have the same franchises, powers and authority as are conferred on the managers in an act, entitled ‘‘An act for the benefit of the City School of the town of Frankfort, and for other purposes,” approved Februar}- 1st, 1838, and shall invest all money realized thereunder in safe and solvent securities, and may use and appro- priate the interest and profits of such investment for the support of the City School. The present Board of Councilmen and officers of said city shall continue in office until their successors shall be duly elected and qualified; and they are hereby invested with all the })owers and privileges which the Councilmen and officers to be elected pursuaiR tr» this act shall posess; and all Ordinances, By-Laws, Rules and Regulations now in force in said city, not in conflict herewith, are de- clared to be in full force and effect, and shall so con- tinue until repealed, modified, or suspended by the Board of Councilmen. No suit shall be instituted against the Board of Councilmen except in some Court held in the city of Frankfort, and service of processor! the ^Icyor shall be sufficient. § 18. The Treasurer appointed by the Board of Councilmen shall take the usual oath ol .office, and shall execute such bond as tire Board of Councilmen May make all necessary b y - l iws, mles, or- dinances, &c., necessary to c !iry into effect t^lis charter, or ne es^ary for the comfort, good govern- ment and safe- ty of the city or inhabitants,&c. May enforce the same by ade- quate penalties Granted privi- leges of act of Feb. 1, 1838, for City School. Present Board and officers to continue t i i 1 successors elect e d and qualified. Ordinances, by- laws, &c.. now i.a force to have full effect. Where sued. Process served on Mayor. Treasurer— oath an I bond of. 140 CITY CirAUTKH. Ills duties. Temporary va- cancy. Clerk of Board. Oath and bond of His duty to pre- serve and tu n over all books and papers of his office. may require, coii(]itioned for the fniUilul performance of liis duties as Treasurer, witli ’ good security, to be aiiproved liy the Board, wlio shall be wortli jointly, in })ro])erty uiiiiicumbered and subject to execution, not less than ten thousand dollars. Ide shall receive and receijit for all moneys due the city of Frankfort, shall keep a fair and accurate record of all the fiscal concerns of the city, kee[)ing sejiarate ac- counts of each distinct fund which may exist or be created, and record in order the app^oinuations of the Board as certified to him by the Clerk, and pay the same according to their order. He shall pay out no money without receiving a copy of a resolution of the. Board, signed by the Clerk, making appropriation thereof, or such other certificate or warrant as the Board of Councilmen by Ordinance may prescribe , and he shall file all such orders or warrants upon which pa}^- ment is made by him and preserve the same, and shall make settlement of his accounts at any time when re- Cjuired by the Board. FTis books shall at all times be open for inspection by persons having claims upon the city or by any member or officer of the Board. He shall make report to the Board annually, or oftener, as they may require of him, of all moneys received and paid out by him, and of all sums due the city and un- paid, and any other matter connected with his office; and shall at all times be ready for a settlement. The Board of Councilmen may by Ordinance provide for filling a temporary vacancy in the office of Treasurer. § 19. The Cfierk of the Board of Councilmen shall take the oath required by the Constitution of the State, and such other oath as the Council may prescribe; and shall execute bond, containing such conditions and with such security as the Board may rcajuire. It shall be his duty to preserve the books, papers, records and eveiy- CITY CHARTER. 141 tiling belonging to his office, and to deliver the same to his successor. He shall keej) a regular journal of the })i’oceedings of the Board, and a regular account of the fiscal concerns thereof. He shall file and preserve the })oll-hooks of all city elections, an‘d shall record the Acts, Kesolutions, Oi’ders and Ordinances of the Board, and the assessment of property for taxation for city purposes, after the same shall have been finally cor- rected and adopted by the Board. He shall keep and preserve all records, bonds, agreements, contracts and oiher papers relating to the interests of the city, except his own bond, which shall he in the custody of the 'Treasurer. He shall copy and sign all resolutions, orders, claims and allowances, when required to do so by persons having claims against the City Treasury. He shall make out a fair list of the persons and prop- erty liable for taxes, with the amount due b}^ such per- sons or on such property, in alphabetical order, and place the same in the hands of the Treasurer, at such time in each year as* the Board may require, embracing therein special as well as general taxation, and shall file and preserve the report of the Treasurer of those taxes which have not been paid; and shall make out and place in the hands of the ^larshal a list of the persons and propert}^ by whom or on which taxes and dues to the city remain unpaid, and the amount of the same respectively. He shall issue warrants on the Treasurer for all moneys ordered to be paid by the Board of Councilmen, and permits to pay money into the Treasury, under such rules and regulations as the Board may prescribe, and shall do and perform such other duties as the Board may require of him. § 20. That the Marshal of the said city of Frankfort shall be elected at the same time and in the same man- ner as the Board of Councilmen, and shall take the Keep journal of Council pro- cee{liiif?H. ami liscal accounts. Poll-books. Record orders of Roai'd and assessment of in-operty for taxation. , Preserve bonds, &c. His bond to be kept by Treas- urer.” Certify claims allowed by Board. M ike out tax- list and amount thereof and de- liver to Treas- urer. Preserve report of Trea surer and list unpaid taxes with Mar- shal. Issu“ warrants for all money due by the city. And permits to pay money into the treasury. Other duties. Marshal— when and how elect- ed. 142 CITY CHAIITEU. Oath and bond of. May collect city taxes. May serve no- tice, execute warrants, levy and collect exe- cutions, f e e - bills, &c. Shall serve all orders of the Board, May have depu- ty. Shall be respon- sible for his acts. Fees of. constitutional oath of office, and such otlier oatli as the Board of Councilinen may jirescrihe, and sliall execute hond, with sufficient security, to be approved liy tlie Board, to tlie Board of Councilmen of the city of Frankfort, for the faithful discliarge of his official duties, and containing such other provisions as the Board may recpiire, which bond shall be attested by tlie Clerk, and approved by the Board. He shall have power and authority, within the county of Franklin, to collect the taxes, dues, and demands of the cit}^ of Frankfort, in the same manner that sheriffs have to collect the county levy and State revenue; and shall have full power in said county to serve notices, and to execute warrants and process from dhe Police Judge of said city, any Justice of the Peace of Franklin county, or tlie Presiding Judge of the Franklin County Court, and to levy and collect executions which may issue upon judgments rendered by said Police Judge, Jus- tices of the Peace for Fraiiklin county, or from the Franklin County or Quarterly Court, and all fee-bills and other dues listed with him. He shall serve and execute all orders and notices issued or made by the Board, and make due return of the same. He may have a deputy or deputies, by and witli the consent and advice of the Board, entered of record in the proceed- ings of the . Council, and shall, with his securities, be responsible on his official bond for any neglect, mis- conduct, malfeasance or other default, as well of liis deputy or deputies as of himself. He shall be entitled to the same fees for executing notices, subpceuas and process, and the same commissions for collecting the taxes and dues of the city, and all executions placed.in liis hands as Marshal, as Sheriffs and Constables are al- lowed in like cases, when it is not otherwise provided for in this act, or by the order of tlie Board of Council- dTY CIIARTKR. 143 men, which said Board may regulate and fix tlie com- missions and compensation of the Marslial for all taxes and dues collected for the city, and all notices, &c., executed by order of the Board, lie shall be entitled to a fee of one dollar for serving a peace warrant, or warrant for a riot, rout, affray, unlawful assembly, of breach of the peace, and for executing all warrants where trial is to be had by a jury for offenses final )le by the Ordinance or laws of said city, and to a fee of twenty-five cents for the execution of warrants for pen- alties, forfeitures and debts, to be tried by the Police Judge, without the intervention of a jury. He shall be allowed the same fees, payable out of the State Treasury, for the arrest of parties charged with felony, as are allowed and paid to Sheriffs for similar services. The Marshal and his deputies shall have the same power and authority to take replevin and other bonds that sheriffs and Constables have by law, and to charge and collect the same fees and commissions therefor; and may make out, attest, collect and distrain for all fee-bills due for services rendered, the same as Sheriffs. For any failure to perform or neglect of .duty in the collection or payment of taxes, the collection or pay- ment of money due on fee-bills or other dues or execu- tions placed in his hands, or the failure to execute and return, in proper time, with the proper indorsements, to the proper office,- of any process or precept to him directed, and to him delivered, or any one of his depu- ties, the said Marshal, and his securities on his official bond, shall be liable to the same pains, penalties and damages as are imposed by law on Constables and their sureties, and Sheriffs and their sureties, for similar fail- ure or neglect, recoverable by motion in any court of competent jurisdiction held in the city of Frankfort: Provided, That no motion shall be made under this act against the securities of said Marshal, unless the same Fees against tlie Stcit3. May take re- plevin bond. Subject to same penalties, &c., as Slieriffs and Constables tor neglect of duty, recoverable by motion. When motion must be made. 114 CITY CHARTER. V Proceedings to collect taxes due on real es- tate witliin city. Amended by act of April 24, U<82. How advertised Amended b y sec. 6, of act April 30. 1888. Advertiseme n t to be tiled in County Court Clerk’s office. See act of April 24, 1882. Shall be prima facie evidence. Copy may be used. If tax not paid. Marshal shall sell such real estate. bo made witliiii two years from and after tlie time of such failure, refusal or default ; and in all such pro- ceedings either party may })rosecute an appeal as in other cases. § 21. That if, on or after the first day of August in any year, there he due and unpaid any tax or taxes on any lot or fraction of a lot in said city, wiiich tax or taxes may he imposed hy virtue of this act, or au}^ law which hereafter may he adopted, it shall he the. duty of the Board of Councilmen of said city to cause to he published in the newspaper of the Public Printer for the time being a list of all the lots and fractions of lots on which such tax or taxes may be due and unpaid, and also the amount due and unpaid upon each lot and fraction of lot, respectively, for one month, by suc- cessive weekly publications; and they shall also state in a note appended to said list the day or days on which said lots or fractions of lots, or so much of each as may he necessary to discharge and pay off the tax or taxes due thereon respectivehy will be sold; and a copy of said list as published, accompanied by the affidavit of the Public Printer that the same has been published agreeably to the provisions of this act, shall be recorded in the Clerk’s office of the Franklin County Court, and when so recorded shall be priina facie evidence tliat said publication was made as prescribed l)v this act; and an attested copy of the same may be used on the trial of any cause, and shall have the same force and effect of other attested copies as now authorized hy law. If the tax or taxes tlius due and advertised upon the lots or fractions of lots be not jiaid on or before the time thus appointed for the sale, it shall be the duty of the Mar- shal to expose to sale, on the day or days so appointed, the said lots or fractions of lots on which said tax or taxes remain duo and unpaid, or so much of each as CITY CHARTER. 145 may be necessary to pay the tax or taxes due thereon, to the liigliest bidder. The sale shall take place at the court-house door, in Frankfort; and, in case of a sale, it sliall he the duty of the Marshal to convey the lots or fractions of lots s'» sold to the piu’chaser or pur- chasers, and his deed thus made shall pass the title to the property so conveyed to the purschaser: Provided, however, That the same may he redeemed at any time within two years by the original owner or owners, or his or their heirs or assigns, by paying the purchaser or his heirs or assigns the amount of the purchase money, with interest thereon at the rate of fifty per centum per annum from the date of such purchase, and all costs and charges incurred by virtue of such sale, including ah equal pro rata of the costs of adver- tising as hereinbefore provided, which may he added to the amount of taxes due when such advertisement is required: And provided cd so, That infants and femes covert, and persons of unsound mind, shall have two years after their several disabilities are removed +o re- deem their lots or fractions of lots sold as aforesaid. § 22. That the Police Judge of the city of Frankfort shall he elected at the same time and in the same manner as the Board of Councilmen; and before entering upon the duties of his office shall he commissioned by the Gov- ernor of the Commonwealth, and take the constitu- tional oath and an oath faithfully and impartially to discharge the duties of his office. He shall have juris- diction within the limits of said city of all misde- meanors; of all actions for a violation of the city Charter, Ordinances, or By-Laws; of all prosecutions for injury or damage to public buildings or property of the cit^n He may grant injunctions, writs of ne exeat, ha- beas corpus, restraining orders and attachments, in the same manner as two Justices of the Peace; and in all 11 S:ile to be at Cou rt-hou.se door. Marshal .shall convey to pur- chaser. Property so sold may be redeem- ed within two years. Persons U!ider disability may redeem within two years after its removal. See act of April 21, 1882. Police Judge— when elected. See act of Feb- ruary 3, 1876. Shall be com- missioned and take oath. His .lurisdiction of penal cases. May grant in- juctions, attach- ments, & *. 14G CITY CHARTER. In criminal cases jurisdic- tion of two Jus- tices of the Peace. Civil jurlsJlc- tlon. May require and take ball. Conservator of the peace, and try breaches thereof, &c. When a jury shall be requir- ed by. criminal and penal cases, he shall have the same juris- diction as the law confers on two Justices of the Peace,, and shall proceed in the same manner that Justices of Peace are required to proceed in such matters. Ho shall have the same jurisdiction in civil cases as a Jus- tice of the Peace of the same Magistrate’s district. He shall have full power and authority to require bail, and receive the execution and acknowledgment of recogn- izances of bail and bail bonds in all cases originated or tried before him in which bail is or may be required; and such recognizances and bail bonds shall be in such form and be returned in such manner as is or may be prescribed by the several laws authorizing or requiring bail. He shall be a conservator of the peace, and have jurisdiction over affrays, assaults and batteries, riots, breaches of the peace, unlawful assemblies, keeping dis- orderly houses, all cases of indecent or immoral be- havior, or conduct calculated to disturb the public peace within said city; over all cases of drunkenness, profane swearing, running horses, firing guns or pistols,, making reports by burning powder or matches, or crackers or other explosive substance or thing; blowing horns, flying kites, crying aloud, by day or night, and all other riotous conduct whatever, within said city, all of which are hereby declared to be mis.demeanors; for carrying concealed weapons, and all other misde- meanors; and in prosecutions tried before him, the jury may assess a fine against each defendant for any sum not exceeding one hundred dollars, in cases wherein a different penaltv is not fixed, which, with all fees and costs, may be discharged by labor in the work-house or on the streets of the city at two dollars per day. The Police Judge ma}^ order the Marshal to summon a jury in any case cognizable before him, when a jury would be required in the circuit court or before a Justice of CITY CIIAllTKR. 147 the Peace; and in all cases when tlie amount of the fine is or may not be fixed by law or Ordinance of said city, the same shall be ascertained by the verdict of a jury. He shall have power to issue summons for witnesses in cases pending before him, and to compel their aftend- ance. lie shall have power to fine and imprison for contempts, without the intervention of a jury, provided the fine does not exceed ten dollars nor the imprison- ment twelve hours. It shall be lawful for him to take depositions, and certify the same, to be read in an}- cause pending in any court in this Commonwealth. He shall keep a record of the proceedings in his court, a copy of whiclj, duly certified, shall be evidence in all courts, and have the same effect as copies of other records. The records and papers of his office shall be delivered by the Police Judge, on the expiration of his term, to his successor; Provided, That all trials before him shall be held in tlie city of Frankfort: And pro- vided f urther, That in all cases mentioned herein, whicli are made penal by general laws of the State, and which are cognizable in the circuit courts, the jurisdic- tion of the Police Judge shall not be exclusive of, but concurrent with, the Franklin Circuit Court. § 23. That the Police Judge shall issue his process in the name of the Commonwealth, as other warrants, and make them returnable before him as Police Judge of the city of Frankfort, which process may be directed to the Marshal of the city of Frankfort, or to the Sheriff* or any Constable of Franklin county, or to any other officer authorized by law to execute similar process, and shall be executed and returned by such officer under like pains and penalties as in other cases: Pro- vided, however. That when any prosecution is instituted or carried on for a violation of the Charter, Ordinances, or Rules or Regulations of the City of Frankfort, or May co'iipei at- leiidauce of witnesses. May punisli con- tempts. May take depo- sitions. S all keep a record, and copies thereof m ly be lased in evidence. Shall deliver to successor all records and pa- pers of his of- lice. Courts held in Frankfort. Wh:n jurisdic- tion concurrent with other courts. Shai: issue pro- cess in name of Commonwealth How process re- turnabie and d.rectcd. When warrant shcnl stats that the proceeding is in the name of the Board of Couucilmen. 148 CITY CHARTER. at the instance of tlie Board of Councilmen, the war- rant sliall state tliat tlie proceeding is prosecuted in the name of said I>oard of Councilmen; and in all such cases the hue or penalty received, after deducting fees and costs, shall he paid into the city Treasury; hut, in case the defendant or defendants in such case are ac- quitted, no fees or costs shall he recovered against the • “ ■ city; and, in cases of judgment, the city shall Ije liable biSr for costs oiily in the event of its collo(dion in money, or discharge by labor under the judgment. The i^olice Fees'of Police Judge shall be entitled to a fee of one dollar for a Judge. ° peace warrant, or for a warrant for a riot, rout, unlaw- ful assembly, breach of the peace, or affray, or for any misdemeanor, or for a breach of any of the laws in re- . C - lation to said city, or of any of the Ordinances, By- = • V.;: ■ laws. Rules or Regulations of said city; and in all .... cases he shall be entitled to charge and collect the same fees as are allowed other officers hy law for similar ser- May issue fee- vices, and may issue his fee-bills, and distrain for their collection the same as otlier officers, and shall be sub- ject to the same penalties as are imposed on other offi- cers for issuing and collecting illegal fee-bills.' § 24. That a City Attorney for the said city of Frank- City Attorney-r when. elected. See act of April 27 , 1880 . ‘ His duties. ■ -c HiB compensa-f tion. fort shall be elected annually, at the same time and place, and in the same mannei', as the members of the Board of Councilmen, who shall be the law officer of the Board and whose duty it shall be to attend, on be- half of the city, to all suits, motions and prosecutions by or against the city, and to give advice, when called upon b}" any officer of the city, as to his official duty, and to perform such other services as the Board may require of him. He shall receive for his services such compensation, either by way of salary or })ai*t of linos imposed, as the Board of Councilmen shall deem rea- sonalffe. (’ITY C HART Ell. 149 § 25. The entire control and inanageinent of tlie Gas Works and Water-works shall be under the direction of the Board of Ch)uncilinen and such Superintendent and otlicers as they may appoint; and tlie said ?>oard may, hy Ordinance or Order, make all needful regula- tions conceruiug the same; niay regulate, from time to time, the mode and manner in which the water and gas may be enjoyed, and may make such contracts with individuals or corporations for the use and enjoyment thereof, and make and receive such covenants and stip- ulations in said contracts as they may deem necessary. They may distribute the same through any public grounds and buildings within the ci(y, and for that purpose permission is hereby granted them to enter public grounds and buildings. Any person who shall willfully or maliciously injure the said Gas or Water- works, or any portion of the same, or any of the fix- tures or appurtenances thereof, or shall attempt to di- vert the water or gas with which they may be supplied, or corrupt the water within said city or the spring from which the same is supplied, or any well (;r cistern within the city, sliall, for every offense, be subject to a penalty of not less than one hundred nor more than five thousand dollars, recoverable by motion in the Franklin Circuit Court, in the name of the Board of Councilmen of said city; upon the trial of such motion a juiyv shall be empaneled, who shall assess the amount of the penalty between the aforesaid limits of one hun- dred dollars and five thousand dollars: -Provided, That the Board of Councilmen may, by Ordinance, affix such lesser penalties for violations of the regulations of the Board, in relation to said works, &c., as they may deem proper, not exceeding one hundred dollars, recoverable by warrant before the Police Judge of said city. (Jas and Water- works shall be under control and manage- ment ot Board. May distribute same in public grounds. Penalty for in- jury to Gas or Water-works, or for corrupt- ing water, |100 to $5,000, recov- erable by mo- tion in Frank- lin Circuit Court. Board may fix less penalties, recoverable be-' lore Police Judge. 150 CITY CITARTICIl. Mechanics’ lien Shall continue thoujih posses- sion of employ- er cea e. When employer evicted, lien shall attach to pro p e r t y in hands of suc- cessful claim- ant. Shall exist against corpo- rations, QU’r’Si corpor t i o n s , trustees, &c. § 26, I. Tliat llie carpenters, joiners, brick-masons, stone-masons, jilasterers, turners, painters, brick-makers, lumber mercbants, and all others performing labor or or furnishing materials for tlie construction or repair of any building witliin the city of Frankfort (journey- men excepted), shall have a lien, to the extent of their respective interests, upon the building they may con- struct or repair, or tovvards the construction or repair- ing of which they may have furnished materials, and also upon the lot or tract of land on which such build- ing is situate, which lien shall extend to the interest of the employer or employers in and to such building and lot or land. II. If such employer or employers hold or claim by executory contract, and, for any cause whatever, such executory contract sliall be set aside or rescinded, the lien herein given shall continue, so far as the person or persons to whom the same may come, or with whom it may remain by reason of such rescission or setting aside, shall be advantaged by such building, repairing, or materials furnished. III. Where the em[)loyer or employers shall, by judgment at law or decree in equity, be evicted from the ])remises, and shall, by the rules of law or equity, be entitled to compensation from the successful claimant for / improvements made on the premises, the person or persons who, under the pro- visions of this act, liave liens, as against such employer or employers, shall, to the extent of their liens respect- ively, be substituted for the person evicted, and recover compensation from the successful claimant, so far as by daw or equity such claimant is bound to make compensation to the person evicted. IV. The liens herein declared shall exist against private corporations, })rivate quasi corporations and societies, or trustees holding estates for charitable uses. (JITV CHAUTKH. 151 Avliether the repairing, or furnishing of ma- terials sliall be (lone or furnished at the recpiest of such corporation, (piasi corporation, society, or trustees, or by servants or agents authorized by j)arol or otherwise. V. That all and every i)crson or persons claiming a lien, in virtue of this act, shall, within six months after the completion of the building, or repairing or furnish- ing materials, or within six months after the cessation of the work thereon by order of him, her or them against whom the lien is sought to be enforced, file in the Clerk’s office of the Franklin County Court his, her or their accounts, specifying the lien claimed, which shall operate as a notice to the world of such lien; and no lien shall exist in favor of any person or persons, in virtue of this act, who' shall not have filed such ac- counts within the time aforesaid, or proceed, within one year, by suit, to enforce such lien; in which latter case the Us pendens shall be construed to commence from the time the filing of such bill. VI. The rules of equity for the time being, for the enforcement of liens and settlement of priorities, shall govern in cases arising under this section, both as to all persons claiming liens in virtue thereof, and all other claimants. _ § 27. The inhabitants of said city of Frankfort shall have and enjoy all the benefits of the 5th section of article 3, of chapter 26, of the Revised Statutes of ihe State of Kentucky. § 28. The jail-house of Franklin county may be used by the city of Frankfort, and the authorities thereof, as a city watch-house; and the Jailer of Franklin county is authorized to receive into said jail any person com- mitted thereto, upon a mittimus issued by the Police Judge of said city, and he may receive into said jail iiny person arrested by any police or other peace officer How lien to be enforced. Priority to be determined by rules of equity. Sec. 5, art. 3, chap. 26, Rev. Stat., applied to Frankfort. Franklin coun- ty jaii may be used as a watch- house. Jailer to receive on mittimus of Police Judge. CITY CHARTER. lf)2 When he nriy receive without mittimus. School Trustees —when elected. See act of April 3U, 1888. Oath and bond of. School fund. Separate ac- count to be kept of, and shall be used for no other purpose than the sup- port of school or school buill- ings, &c. All collecting officers to keep school money separate f om other money. of said city liotweeii tlie lioiirs of ten o’clock, \). m.,. and six o’clock, a. in., without such mittimus; but ever}^ person thus arrested shall lie carried before tlie Police Judge or other conqietent autliority for trial, or for ex- amination of the charge against him, at the earliest practicable hour after such arrest. § 2h. I. Three vScliool Trustees shall be elected by the qualified voters of the city of Frankfort, annually, at the same time and place and in the same manner that Councilmen are elected, who, before entering upon the discharge of the duties of their office, shall take an oath for the faithful and impartial performance thereof, and execute bond, with good security, to the Board of Council of said city, for the laithful discharge of their official duties, and. containing such other stipulations as the Board may prescribe, which bond shall be approAmd by the Board of Councilmen, noted on the proceedings thereof, and preserved by the Clerk of the Board. Suit may lie brought on said bond by any person aggrieved in any court of competent jurisdiction, held within the county of Franklin. II. xVll moneys, taxes and revenues dedicated to the uses of the Public School of said city of Frankfort, shall 1)6 dedicated and set apart in a se[>ai‘ate fund, to be entitled the “School Fund,” and the Treasurer shall keep a separate account of said fund, and the moneys belonging thereto, which moneys shall not be used for other purposes than the support or conduct of the Public School within the cit}q either in the employ- ment of necessary teachers, the erection, repairs or completion of the necessary buildings for the use of said school, or the necessary furniture, fixtures and apparatus for the same; and all collecting officers, as well as the Treasurer, shall kee[) said school moneys separate and apart from the other funds of the cit}^;:. CITY CHARTEK. 153 and the Marshal, in making payments to the Treasurer on account of taxes collecteart thereof, belong- ing to said city of Frankfort, be the same lands, tene- ments, goods, chattels, or franchises or immunities, on such terms, and for such sums, and at such times, as said Board of Councilmen shall deem for the best in- terests of said cit}" of Frankfort. Election of School Trastees Amended by act April 30, 1888. Term of office. Power of Coun- cil to dispose of real estate. 158 APPENDIX. g 2. This act repeals all laws or parts of laws in con- flict therewith, and shall have full force and effect from and after its passage. Approved March 28, 1872. • Cartl — Retailing of. CHAPTER 834. AN ACT to amend an act, entitled “An act to amend and reduce into one the several acts in relation to the city of Frankfort,’^ approved March 16, 1869. Be it enacted by the General Assembly of the Common- wealth of Kentucky: g 1. That an act, entitled ^C4n act to amend and re- duce into one the several acts in relation to the city of Frankfort,” approved March 16, 1869, be, and the same is hereby, so amended that hereafter all citizens of this State, who may run coal down the Kentucky river, shall have the right to sell said coal by retail in the city of Frankfort without paying a license for such right, sub- ject to the conditions hereafter provided for in section two of this act. § 2. That all citizens of this State, who may run coal down the Kentucky river, and sell the same in the city of Frankfort by retail, shall pay a tax into the City Treasury not exceeding five cents on each one hundred bushels of coal so sold by them, and shall pay a tax at the same rate for any greater or less number of bushels;, and the person or persons selling said coal shall have free ingress and egress to and from said city with said coal; and it shall be unlawful for said city authorities to charge any citizen of this State any greater tax for the privilege of retailing coal than the amount fixed in this act. § 3. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed, g 4. This act shall take effect from its passage. Approved April 16, 1873. APPENDIX. 159 Procossianinsj^ uF Streets in Sentli l^rnnkFort. CHAP PER 892. AN ACT to amend an act, entitled “An act to reduce into one the several acts in relation to the town of Frankfort, and for other purposes.” Whereas, There is some doubt and confusion in re- gard to the location of corners and course and width of the streets in that portion of tlie city of Frankfort, Kentucky, known as South Frankfort : Be it enacted by tlie^ General Assembly of the Common- luealth of Kentucky: § 1. That the Board of Councilmen of the city of Frankfort be, and they are hereby, authorized and em- powered to select three discreet citizens of said city, who shall be owners of real estate in said city, and two of whom shall reside in South Frankfort, 8S Commis- sioners, and a competent Surveyor or Civil Engineer, to procession the streets, and locate the centers of the in- tersections thereof, in that portion of the city of Frank- fort south of the Kentucky river, and known as South Frankfort. Said Commissioners and Surveyor or En- gineer, before entering upon the discharge of their du- ties under this act, shall take an oath before the County Judge of Franklin county to faithfully and impartially perform their duties under this act. § 2. Said Commissioners and Surveyor or Engineer, shall, as soon as convenient after their appointment and qualification, as provided for in the first section of this act, go upon the ground in South Frankfort, and with proper instruments and the best evidence they can obtain, proceed to procession and lay off the streets in South Frankfort according to the original survey thereof and find as near as may be the centers of the intersec- tions of said streets, and mark or have the same marked in some durable manner, to be indicated by the Board Councilmen au- thorized to se- lect three Com- missioners and a Surveyor to procession streets in South Frankfort. To take oath. To lay off streets accord- ing to original survey, and mark intersec- tions of centers of streets. 160 APrENDTX. To give ten days’ notice. Council are au- thorized to fix width of streets and liave cor- ners of s(iuares marked. Authorize d to sell part of streets inside of width, and to purchase or condemn that lying outside of widtn, as fixed by Board. of Coiincilmeii of tlie city of Frankfort; but before pro- ceedingto act, tlie said Commissioners shall give at least ten days’ notice, by three insertions in tlie ‘'Kentucky Yeoman,” of the time they will begin said procession- ing. C ^ 3. That after the streets in South Frankfort shall have been jirocessioned, and the centers thereof ascertained and marked, as is provided for in the first and second sections of this act, the Board of Councilmen for the city of Frankfort shall be, and they are hereby, au- thorized to determine and establish what shall be the width of any or all of said streets, not exceeding the original width as laid out, properly name the same, cause the same to be laid off upon the ground, and the corners of the squares to be properly marked. § 4. The said Board of Councilmen of the city ofFrank- fort shall be, and they are hereby, empowered to sell; and by the Mayor of said city convey, any parts or por- tions of the streets in South Frankfort that may lie out- side of the width of tlie streets as determined and fixed by said Board, and to purchase or condemn, by pro- ceedings similar in every respect to those now provided by law to condemn lands for a public highway, for the use of said city as a street, any ground found to be in the width as determined upon for said streets, which shall lie owned or adversely held by others: Provided, hoioevcr, That nothing herein shall be held or construed to impair the right of said Board of Councilmen to sue for and recover any streets or parts of sti’eets which shall, by the processioning provided for in the first and second sections of this act, be found to be in the possession of any one who shall refuse to give up the possession thereof. § 5. This act shall take effect from and after its pas- sage. Approved April 18, 1873. APPENDIX. 161 A^ntharity^ to Ji<>rrf>w JVlanoy. CHAPTER 210. AN ACT for the benefit of the city of Frankfort. Be it enacted hif the General Asi^emhly of the Common- 7veaJth of Kentneky: ^ 1. That the Roard of Coimcilinen of tlie city of Frankfort shall have power to borrow, on the bond or bonds, or note or notes of the city, executed by the order of the city Council, so much money as may be necessary to extinguish any existing indebtedness of the city, on such time, not exceeding four years, including renewals, and at such interest, not exceeding eight per centum per annum, and at that rate for the time such loan may run, as the parties may agree; and any bond or bonds, note or notes, made necessary by any such loan or renewal executed by the signature and delivery ■of the Mayor and seal of the corporation, shall be law- ful and binding on the city. § 2. It shall be lawful for any holder and owner of Frankfort city bonds now outstanding and unpaid to agree with tlie Board of Councilmen of the city of Frankfort for ah extension of time for payment after the maturity of any such bond or bonds, for such time not exceeding four years, as may be evidenced b}^ the written memorandum of the Mayor on behalf of the •cit}y and the holder and owner of said bond or bonds indorsed on the back of the same, and at a rate of in- terest as may be agreed, not exceeding eight per centum per annum, for any time agreed upon within the four years aforesaid ; and any such bond or bonds so extended, and any such agreement so made as to in- terest thereon, shall be valid until fully complied with and discharged. § 3. This act shall take effect from and after its pas- sage. Council author- ized to borrow money to pay debt of city. Lawful to ex- tend time of payment of bonds of city. 12 Approved February 6, 1874. 1G2 APPENDIX. How Police Judge elected, &c. Jurisdiction of Police Judge in criminal and penal cases. Jurisdiction of in civil cases. of l^€>lioc CHAPTER 82. AN ACT to amend an act, entitled “An act to amend and reduce into one the several acts in relation to the city of Frankfort,’^ approved March 16, 1869. Be it e7iactcd by the General Assembly of the Common- ivealth of Kentucky : § 1. That section twenty-three (23) of tlie charter of the city of Frankfort, approved March 16, 1869, be amended so as to read as follows, to-wit : Tliat the Police Judge of said city of Frankfort shall be elected at the same time and in the same manner as the Gov- ernor and Lieutenant-Governor of this Commonwealth, and before entering upon the duties of his office shall lie commissioned by the Governor of said Common- wealth, and shall take the constitutional oath, and an oath faithfully and impartially to discharge the duties of liis office. He shall have jurisdiction, within the limits of said city, of all misdemeanors, of all actions for the violation of the city Charter, Ordinances or By-Laws, of all prosecutions for damages or injury to public buildings or property of the city. He may grant injunctions, writs of ne exeat, habeas corpus, re- straining orders, and attachments, in the same manner as two Justices of the Peace ; and in ail criminal and penal cases he shall have the same jurisdiction as the laws now confer on two Justices of the Peace, and shall proceed in the same manner that Justices of the Peace are required to proceed in such matters. He shall have the same jurisdiction in civil matters and cases as a Justice of the Peace of the same Magistrates’ district, and shall hold regular quarterly terms of his court for the tricil of all civil cases wliicli may come before him — the times of which holding shall be fixed by him by an order entered on his civil docket. He shall have full power and authority to receive bail, and to receive Al’PENDrX. 163 the execution and acknowledgment of recognizances of bail and bail bonds in all cases originated or tried be- fore him, in which bail is or may be reqiiij’ed; and such recognizances and bail bond shall be in such form, and be returned in such manner, as is or may be prescribed by the several laws authorizing or requiring bail. He shall be a conservator of the peace, and have jurisdiction over affrays, assaults and batteries, riots, breaches of the peace, unlawful assemblies, keeping disorderly houses, all cases of indecent or immoral be- havior, or conduct calculated to disturb the public peace within said city; over all cases of drunkenness, profane swearing, running horses, firing guns or pis- tols, making reports by burning powder, matches or crackers, or other explosive substance or thing; blow- ing horns, flying kites, crying aloud by day or night, and all other riotous conduct whatever within said city, all of which are hereby declared to be misdemeanors; for carrying concealed weapons, and for selling liquor without license or to minors, or keeping a tippling- house, gambling within said city, and for all other penal offenses and misdemeanors occurring within said city; and in all such penal and misdemeanor cases the warrant or information shall run or be prosecuted in the name of the Mayor and Board of Councilmen of the city of Frankfort; and the fines or other benefits resulting therefrom shall go to said city under the same restrictions of said city’s liability for costs as are con- tained in the 24th section of said charter to which this is an amendment; and in all prosecutions before him the jury may assess a fine against each defendant in any sum not exceeding five hundred dollars ($500), wherein a different penalty is not fixed by law, which, with all fees and costs, may be discliarged in the Work- house or on the streets, alleys or AVork-house grounds Conservator of the peace, ju- risdiction of as- saults, &c. Jury may assess a line as high as $500. 164 Al’l’ENDIX. Work-house. Power to fine and imprison for contempt. Authorized to take deposi- tions. To keep record, «fec. of said city, at tlie rate of fifty cents per day; and the Mayor and Board of Council men may 1) V Ordinance regulate - the running and regulations of said Work- liouse, and may, by such })unishments as they may deem proper, enforce the same from the inmates there- of. And may hy Ordinance prescribe any punishment for an escape from said Work-house, or the custody of the Keeper thereof, of any perso'i while under sen- tence to confinement therein, or to labor as aforesaid, not to exceed double the fine remaining unsatisfied or double the unexpired sentence to confinement and labor. The Police Judge shall order the Marshal to summon a jury in any case cognizable before him, when a jury would he required in a Circuit Court or a Justice of the Peace; and in all cases when the fine is or may not he fixed hy law or Ordinance, the same shall he ascertained by the verdict of a juiy. He shall have power to issue su-mmones for witnesses in all cases pend- ing before him, and to compel their attendance. He shall have the power to fine and imprison for contempt, without the intervention of a jury, provided each fine does not exceed ten dollars, and each imprisonment twmlve hours. It shall be lawful for him to take depo- sitions and certif}^ the same to be read in any cause pending in any court in this Commonwealth. - He shall keep a record cf the proceedings in his court, a copy of which, duly certified, shall be evidence in all courts and have the same effect as copies of other records. The records and papers of his office shall be delivered by the Police Judge on the expiration of his term to his suc- cessor: Provided, That all trials before him shall he in the city of Frankfort: And provided f urther, That in all cases mentioned herein, which are made penal or mis- demeanors by the general law of the State, and which are cognizable in the Circuit Courts, the jurisdiction of APPENDIX. 165 tlie Police Judge shall not be exclusive of, but concur- rent with, the Franklin Criminal Court. All acts or parts of acts inconsistent berewitb are hereby repealed. § 2. This act shall take effect from and after its pas- sage. Approved February 3, 1876. CHAPTER 805. AN ACT to prevent swine from running at large in the city of * Frankfort. Be it enacted by the General Assembly of the Common- ivealth of Kentucky: § 1. That the Mayor and Councilmen of the city of Frankfort be, and are hereby, empowered to pass an Ordinance or Ordinances declaring it unlawful for swijie of any age to run at large within said city, and to fix and have imposed such tine or punishment for each offense as they ma}^ deem proper, and as they may now have the power to cause to be inflicted for any breach of the peace within said city. § 2. Said Mayor and (Councilmen may cause the Marshal, any Deputy Marshal,lVatchinan or Policeman of said city, to take up and impound, in a place pro- vided for that purpose, any swine so running at large in said city, and advertise, or cause to be advertised, the fact that such swine had been taken up and impounded, for th.e space of ten days, by posting up, at at least four public or prominent places in said city, a written or printed copy of such advertisement; said advertisement must contain a description as nearly as it can well be given, of the age, color, and ear marks (if there be any), of such swine, the time and place the same will be sold, if not sooner called for and reclaimed by the owner, by his prov- ing property and paying all costs and expenses for taking Authorized to pass Ordinance in regard to swine. Authorized to impound swine. 16 () AI'l’lCNDIX. , Authorized J:o pass Ordinance inflicting fine. Disposition of money realized from sale of swine. lip and keeping said swine. Tlie sale thus made by the Marshal, or otlier pro])cr ohicer of said city, shall pass a complete title and ownership in and to such property to the purchaser, as much so as a sale made by a Sheriff at a Sheriffs sale does to the iiurchaser at such sale: Provided, That such sale be made at the city pound or other public place, by publicly crying or auctioneering such pro])erty off to the highest and best bidder : And 2 ^rovided further, That, before such sale is made, the property to be sold must be valued by two housekeepers, who shall be first sworn, by some officer authorized to administer an oath, that they will faithfully discharge their duties as such appraisers. § 3. The said Mayor and Councilmen may, in ad- dition to punishing, or causing to be punished, the owners of stray swine, pass an (drdinance inflicting a fine, of not to exceed twenty-five dollars, for letting out of said , pound any swine impounded therein, or for otherwise interfering with the enforcement of this act, or of any Ordinance passed in pursuance of thisact. § 4. Any money resulting from a sale made as above provided, shall be paid into the City Treasury; and the owner or owners of such swine so sold may, within one year next after such sale, demand and have paid back to him or them all the proceeds of such sale, after de- ducting all the costs of such taking up, impounding, keeping, advertising, and selling; said costs to include a fee of one dollar to the officer so impounding, adver- tising and selling. § 5. This act to take effect from and after its pas- sage. Approved April 5, 1878. APPENDIX. 1G7 Hdiioiltion. CHAPTER 149G. AN ACT for the better organization of Public Schools in the city of Frankfort. Be it e)i.:tcted by the General Assembly of the Common- wealth of Kentucky: § 1. That the Mayor and Council of the city of Frank- fort shall submit to the voters of said city a proposition to levy a tax, not exceeding twenty-five cents on the olie hundred dollars of taxable property, for the benefit of Common Schools in said city. § 2. The vote upon said proposition shall be polled as is now done in the case of municipal elections in said city, and shall be had in the month of May of the year 1807, two weeks’ public notice of said Amte being first giAmn by the Mayor. § 3. At said poll the Clerk shall record each vote as ‘dor the tax” or “against the tax,” as the case may be, and the poll shall be certified and examined, and the result announced as is now proAiided in the case of mu- nicipal elections in said city. § 4. If the result of the poll be in faAU>r of the tax, then the Common Council shall be, and is hereb}% em- poAvered to levy a tax not exceeding the rate hereinbe- fore specified, vvhich tax shall be assessed and collected as the taxes of said city are now collected. § 5. Said taxes, Avhen collected, shall be held by the Treasurer of said city as a separate and distinct fund, to be disbursed only as hereinafter provided. § 6. The Common Council shall appoint three Trus- tees of the School Fund, Avho shall hold office until the next ensuing election of city officers, and until their successors are duly elected and qualified; and at each annual election of Councilmen there shall be elected three Trustees of Common Schools for the city, no one ■of AAdiom shall be a Councilman. Question of tax- ation to be sub- mitted to voters A^ote— how poll- ed. How votes to be recorded. Tax to be levied if voted. Taxes t") be held by Treas- urer. Trustees shall be appointed. 1G8 APl’KNDIX. Powers of Trus- tees. Council m a y erect school building. Bond. § 7. Said Trustees shall have exclusive conirol of tlie^ fund hereinbefore jirovided for, and of the pro rata of said city from the Common School P\ind. They shall have })ower te expend said moneys in the interests of Common School education in said city. They may elect a Chairman, whose check shall he honored by the- City Treasurer to the amount of school funds in his hands. Said Trustees shall report monthly to the Com- mon Council. They shall submit all contracts made by them for the approval of the Common Council; and no expenditure exceeding two hundred and fifty dollars shall be made without the approval of the Board of Common Council. Said Trustees shall have exclusive control of the appointment of teachers, regulation of school discipline, course of study, examinations, and other matters of regulation- and appointment in the Common Schools in said cit}\ They may appoint ex- aminers, and prescribe qualifications for teachers and pupils. § 8. The Board of Council men may, on the recom- mendation of the Trustees of Public Schools, purchase^ build, or rent any building or buildings necessary or convenient for Common School purposes; and any such; j^roperty so leased, purchased, or otherwise acquired, may be reserved by terms of deed or lease to the Pub- lic Schools of Frankfort; and if so reserved, shall not be liable to any debt of said city, nor shall the same be diverted from school purposes; and any school property so reserved shall be exempt from taxation. § 9. The Trustees hereinbefore provided for shall ex- ecute bond, to be approved by the Mayor and Council,, for the faithful performance of their duties. Approved February 27, 1867, ArPKNDJX. 1G9 iiriscliatian of l^(}Iiac CHAPTER 392. AN ACT regulating the jurisdiction of the Police Judge of the town of Frankfort. ]h it enacted hij the General Assembly of the Common- wealth of Kentucky: § 1. That hereafter it shall not he lawful for any Constable or other officer to return a warrant in any civil suit before the Police Judge of the town of Frank- fort, where the defendant resides out of his district, and is an inhabitant of Franklin county, and when the de- fendant shall notify such Constable or other officer, in writing, that he does not desire the warrant to be so re- turned; but the same, in sncli case, shall be returned ac- cording to the rcquisition.-j of the fifth section of the act of the General Assembly, entitled “An act to amend the law concerning Constables,” approved February 4ih, 1820. Approved February 19, 1840. F*alioe iiclfro — Alarslinl, CHAPTER 273. AN ACT to amend an act, entitled “An act to reduce into one the several acts in relation to the town of Frankfort, and for other purposes,” approved February 16, 1839. Be it enacted by the Genercd Assembly of the Common- wealth of Kentucky: § 1. That the Police Judge of Frankfort shall have same jurisdiction, power and authority in civil cases that any Justice of the I^eace for Franklin county iias; and the Marshal of the town of Frankfort and his Dep- uties shall have the same power and authority, in act- ing under process issued hy the Police Judge of Frankfort, that any Constable of Franklin county has in acting under process issued by a Justice of the Peace When unlawtul forCon.stable to return warrant. Jurisdiction of Police Judge and Marshal ex- plained. 170 APPENDIX. Act of 1840 reg- ulutliiK jurisdic- tion, not repeal- ed. Motions against Marshal a n d Constable may be made before the PoliceJudge for failure to pay over money, &c. Liability of Marshal and Constables for failing to re- turn executions Motions against before Police Judge. Notice to be given. for said en of the city of Frankfort liave recently incurred a considerable debt in the improvement of the water-works of the city; and whereas, said works are yet unfinished; and whereas,, the said city lias some bonds now due and outstandino* for other purposes; therefore, the said Board of Coun- cil men are hereby empowered to fund the existing debt due from the city, and are hereby authorized to issue the bonds of the city, in any sums not exceeding thirty- five thousand dollars in the aggregate, for any periods not exceeding twenty years, payable, bonds and in- terest, at such place as may be fixed by Ordinance, bearing any rate of interest not exceeding six per centum per annum, payable semi-annually; said bonds to be of not less denomination than five hundred dol- lars. § 2. Said bonds shall be issued in open Council, and shall be signed by the Mayor and countersigned by the Clerk, and shall bear the seal of the corporation; and said bonds may be sold and disposed of by the Board of Councilmen, upon such terms and in such manner as may be deemed best for the interest of the city, but not below the par value thereof: Provided, That at the time of the issual of such bonds, a sufficient tax shall be levied on the taxable property of the city to meet the payments stipulated therein, wliether of principal or interest; and shall be so levied and collected an- nually till the said debt shall be fully paid. ^ 3. This act shall take effect and be in force from and after its passage. Approved March 16, 1880, APPENDIX. 175 I^Lirohnsc of South l^ronlcTort Jiricl^c* (niAPTER 1133. AN ACT to authorize the city of Frankfort to purchase the stock, franchises, privileges, and immunities of the Frankfort Bridge Company, and the said Company to sell the same. Whereas, Negotiations have been pending between the Board of Councilmen of the city of Frankfort on the one i)art, and the Frankfort Bridge (Jompany on the other part, for tlie purclnise, by the former of the latter, of their entire bridge stock, and all and singular their franchises, privileges, and immunities of the said Bridge Company; and whereas, the following proposi- tion has been made by the one side and accepted by the otlier, to-wit: '‘The Bridge Company propose that the Council shall select a fair, disinterested person, and the Bridge Com’pany another fair, disinterested person, and to these two persons thus selected shall be referred the question to settle what will be, under all the cir- cumstances, a fair price for the City Council to pay the Bridge Company for their stock and franchises afore- said; and should these two persons disagree, they are to select a third person, and the three shall settle the said price; and the Council obligate the in selves to pay to the Bridge Company the said price so fixed, provided same is not in excess of $20,000; and the Bridge Com- pany obligate themselves to take said price, provided the same is not less than $12,000. If the price so fixed is in excess of $20,000, the Bridge Company are to take $20,000 therefor; and if said price is less than $12,000, the Council obligate themselves to give $12,000 there- for.’’ Now, for tlie purpose of legalizing the said un- dertakings, by tlie said parties respectively, and of authorizing and empowering each party to carry out the terms of their agreement aforesaid, according to the true intent and meaning thereof. Frankfort Bridge Compa- ny. Proposition. Price fixed. 17«) Al'I'ICNDIX. Bridge stock be purchased. Interest bonds. Sinking fund. Be it oiaded hy the General As^^emhly of the Common- wealth of Kentaeky: to § 1 That the l>oard of (Jouncilnien of tlie city of Frankfort be, and the same is liereby, empowered and autlioidzed to purchase from the Frankfort Fridge Com- pany tlie entire stock in said Bridge Company, with all the franchises, privileges and immunities thereof; and that the said Frankfort Bridge Company he, and it is hereby, authorized and empowered to sell, transfer and convey to the Board ol Councilmen of the city of Frankfort the entire stock, rights, privileges and tVan- chises of the said Bridge Company, so as to invest the said Board of Councilmen with all the rights, title, privileges, appurtenances and franchises, which the said Bridge company now liave or enjoy in respect to said bridge and approaches thereto; and in order to raise the means to enable the City Council to pay to the said Bridge Com})any the amount which may be ascertained as aforesaid as owing to the Bridge Com- pany, the said City Council is hereby authorized to issuo the bonds of the said city, hearing an interest at the rate of six per centum per annum, payable semi- annually, the principal payable within twenty years from date of issue, but with the privilege, on the part of the City Council, to pay off and discharge any or all of said bonds at any time or times after the lapse of five years after the date of issue: Provided, That the City Council, at the time of issuing said bonds, shall provide for the creation of a sinking fund for the pay- 'iiient of the interest, as well as the i)rincipal of said bonds, at maturity. § 2. This act to take effect from and after the passage thereof. Approved April 24, 1880. APPENDIX. 177 J%.menclnicnt to Ghnrtei' — Consaliclntian of l^rnnlcfart and South l^raiilcfoi't, CHAPTER 1103. AN ACT to amend an act to amend and reduce into one the several acts in relation to the city of Frankfort, approved March 16, 1869. WhePvEAS, Differences and disputes have existed be- Preamble. tween the city of Frankfort and tliat portion of said city on the south side of Kentucky river known as ;South Frankfort; and for settlement the same were, by public meetings of the citizens of said city, and by the Board of Conncilmen of the city of Frankfort, referred to a commission, and said commission has made a report of settlement to, and the same has been ratified and confirmed by, said Board of Conncilmen, who now ask the necessary legislation to carry out the same; now, to that end, Be it enacted by the General Assembly of the Com- monwealth of Kentucky: § 1. That all accounts, claims and indebtedness, of every character and description, between the city of canceled. Frankfort and that part of said city on the south side of the Kentucky river, known as South Frankfort, be, and the same are hereby, declared to be fully cancelled and relinquished. And all the propert}q rights, fran- chises and immunities of every kind and description, belonging or appertaining to the city of Frankfort or North or South Frankfort, are hereby made and de- clared to be the common property, rights, franchises and immunities of the city of Frankfort, including South Frankfort, and all the debts or liabilities in- curred, or to be incurred by the city of Frankfort, are hereby made and declared to be the debts and liabilities of the city of Frankfort, as embracing both North and South Frankfort. 13 178 APFKNDTX. City laid off Into three wards. Board of nine Councllmen to be elected. Amended b y acts of April 7, m2. Quallflca 1 1 o n s of voter. Amended by act of April 30, 1888. § 2. Tlie city of Frankfort is hereby laid off into tliree wards, as follows, to-wit: That part of said city south of Kentucky river shall constitute the First Ward; that part on the north side of Kentucky river, and east of the center of St. Clair street, shall consti- tute the Second Ward; and that part on the north side of Kentucky river, and west of the center of St. Clair street, shall constitute the Third Ward. § 3. That the Board of Councilmen of the city of Frankfort, to be elected at the next regular, and each succeeding election, shall consist of nine Councilmen, three of whom shall be residents of the First Ward, three of the Second Ward, and three of the Third Ward, each of whom shall be the owner of real es- tate in the ward for which he was elected, and shall have been a resident of said ward one year next preceKng his election. If a Councilman removes from his ward, he shall thereb}" vacate and forfeit his office. § 4. That the qualifications of voters at said elections shall be as now prescribed by law. Each voter shall vote in the district in which he resides, and shall have the right at such voting place to vote for nine Council- men; but it shall be unlawful for any such voter to vote for more than three persons who are residents of the same ward. The three persons receiving the highest number of votes for each of said wards shall be declared to be elected. § 5. That this act shall take effect from its passage. Approved April 24, 1880, APrKXDIX. 179 Risrht to l^iii'vhnso T^niids J^or U. S. Catirt^ room nriil l*ost^offioo, CHAPTER 11G3. AN ACT to give the consent of the State of Kentucky to the purchase by the United States of lands in the city of Frank- fort for the purpose of erecting a building for a court-room, post-office or custom-house, and ceding jurisdiction over the same. Be it enacted by the General Assembly of the Cornmon- ivecdth of KentucJny: § 1. That the consent of the State of Kentucky is hereby given to the purchase by the United States of any lands lying in the city of Frankfort for the purpose of erecting thereon buildings for a court-room, post-office or custom-house, for the use of the Government of the United States; and all jurisdiction which the said Govern- ment of the United States can exercise over said buildings and grounds under the Constitution of the United States, and the laws made in pursurance thereof is hereby ceded to the United States; but the State of Kentucky hereby reserves the right to execute all civil and crim- inal process issimd under its authority upon or within any grounds or buildings acquired by the United States under this act; and the said property shall be exempt from all taxes by the State of Kentucky, or by its authority, so long as the same may be the property of the United States. § 2. This act shall take effect from its passage. Approved April 24, 1880. Work- House — A.Qreement Between City nnd County. An article of agreement this day made, by and be- tween the county of Franklin, acting by and through the County Court thereof, of the first part, and the city of Frankfort, acting by and through the Mayor and Right to erect public buildings i n Frankfort ceded to United States. 180 APPENDIX. Board of Coiuicilmen of the city of Frankfort of the second part, witnesseth; that whereas, the party of the second part hath erected in said city, and is now main- taining and conducting a work-house and place of con- finement for persons who may be legally convicted and sentenced thereto for offenses against the Laws and Ordi- nances within and appertaining to said city ; and whereas, the party of the first part hath not as yet erected a work-house for the use of the county; and whereas, the parties to this contract have agreed upon terms by which the county shall have the joint use of the said work-house of the party of the second part; now this agreement, to-wit: 1. It is understood and agreed by the parties hereto, that the party of the first part shall have the right and privilege of committing, dr causing to be committed, to the work-house of the party of the second part, for con- finement and labor, all persons convicted and adjudged to pay a fine, or fine and imprisonment, pursuant to law, within the said count}^ ; and the party of the second part agrees to receive all such persons as may be so legally convicted and delivered at said work- house, whether upon the judgment of a court of com- petent jurisdiction or upon a carnets pro fine issued on any such judgment, and the same to keep and to be worked and. cared for according to the provisions of an act of the General Assembly of the Commonwealth of Kentucky, entitled “An act to authorize the county courts to establish Avork-houses, and to provide for the confinement therein of persons adjudged guilty of mis- demeanors,” approved March 9th, 1876. 2. The party of the second part shall feed, lodge and furnish proper medical attention (including med- icines), Avhen sick, and shall in all respects care for such prisoners so delivered to the party of the second APPENDIX. 181 part as aforesaid, as required by the provisions of the act of . the General Assembly aforesaid. 3. It is understood that the party of the second part shall be entitled to the benefit of the labor of said prisoners, and shall have the right to manage and control them; and it is further understood, that the party of the second part shall not be held responsible for the escape of any such prisoners, but shall have the right to pursue and recapture any of such as may escape, and cause them to be punished for such escape according to the provisions of said act. 4. It is further understood, that this contract is to continue and be in force until the same shall be an- nulled by the mutual agreement of the parties hereto. In testimo.ny of all which, the party of the first part, b}" the signature of the Presiding Judge of the county of Franklin, and the party of the second part, by the signature of the Mayor of the city of Frankfort, and by affixing the official seal of the County Court of said county, and the official seal of the city of Frankfort, have ratified and confirmed this contract May 27th, 1880. R. A. THOMPSON, P. /. P. C. C. [Seal.] S. I. M. MAJOR, Mayor of Frankfort. Colortfd Puhlic Sohools, AN ACT to establish a public school for children of the African race residing in the city of Frankfort. Be it enacted by the General Assembly of the Common- wealth of Kentucky: § 1. That the Trustees of the Public School shall es- tablish, organize and maintain a Public School for children of the African race residing in the said city, which shall be known as the Colored Public School of Frankfort. 182 Al'l'UNDIX, Duties and pow- ers of Trustees As to colored Trustees. Fund for sup- port of school. Fund to be kept separate. § 2. Tlie Trustees of the Public School shall exercise a general supervision over the Colored Public School, make rules and regulations, adopt text-books and a course of study for the same, and appoint, within twenty da}^s from the passage of this act, five discreet, qualified colored voters in the city, who shall be the advisory Board of Trustees of the colored school. § 3. Tlie Trustees of the Public School shall pre- scribe the duties of the colored Trustees, make rules and regulations for their government, remove them for cause, and supply all vacancies in the said advisory Board caused by death, resignation, removal from office, or removal from the city. § 4. The fund for the support of the Colored Public School shall consist of the pro rata from the State for the education of colored children residing in the city, and such other sums of money as are now, or may hereafter be, set apart by Law or Ordinance, or other- wise, for the support of the said Colored Public School. § 5. The fund provided for in this act shall be kept separate, collected and disbursed as the funds for the support cf the Public Schools are. § 6. All acts or parts of acts in conflict herewith are hereby repealed. § 7. This act to take effect from its passage. Approved April 8, 1880. Business Hanses Classified, AN ACT in relation to the city of Frankfort. Be it enacted hy the General xissernhhj of the Common- wealth of Kentucky: § 1. That the Board of Councilmen of the city of Frankfort shall have ])Ower and authoi‘it\ to cause all stores and groceries and business houses, wholesale or APPENDIX. 183 retail, within said city to be classified and divided into not exceeding tv\'elve classes; and may collect a tax on each, not exceeding one hundred and fifty dollars per year on each retail store, and not exceeding two hun- dred and fifty dollars per year on each wholesale store. § 2. That this act take effect from its passage. Approved January 6, 1882. AN ACT to amend an act, entitled “An act to amend and reduce into one the several -acts relating to the city of Frankfort,” approved April 24, 1880. Be it enacted by the General Assembly of the Common- ivealth of Kentucky: § 1. That the several wards of the city of Frankfort shall be the same as at present constituted. § 2. The City Council of Frankfort shall consist of nine members, three to be elected as hereinafter pro- vided, from each ward. Said Councilmen to be eligi- ble, shall be residents in the wards from which they are returned, and bona fide free-holders, who shall have paid their poll and other city taxes sixty days prior to the day of election. § 3. Elections for Councilmen shall be held bi-enni- ally on the first Saturday in December, beginning with the current year. Every person qualified to vote for Representative in the General Assembly shall be quali- fied to vote for Councilmen: Provided, That he shall, sixty days preceding the election, have paid all poll and other taxes due to the city. For the purpose of ascertaining who have so paid their taxes, the City Marshal or Collector, shall, upon payment of taxes, give to each person so paying a receipt or certificate to that effect, and shall enter the names of each person so paying sixty days prior to the day of election in a reg- Dlvlded Into not exceeding 1 2 classes. Amount of tax limited. Number of wards. Council m e n — number and eligibility. Amended by act of 1888. Election— when to be held. Qualification of voters. Amended by act of April 30, 1888. APPENDIX. 184 Clerk to have published list of registered voters. Amended by act of April 30. 18t8. Election of City Attorney. Unlawful for Ccuncilmen to be interested in any contract of the city, or take any fee or reward as attor- ney or counsel for city. ister to be kept for that purpose; those resident in each ward to be kept separately. § 4. It shall be the duty of the City Clerk, thirty days next preceding the election, to make a cop}^ of said registered list of persons entitled to vote, as pro- vided in the preceding section, and cause the same to be published four times in a newspaper of the city of Frankfort. It shall also be the duty of said Clerk to furnish the officers, appointed by the City Council, to hold said election, copies of said lists duly certified by him as Clerk. § 5. No receipt or certificate of payment of taxes shall be issued except to such persons as have actually paid their taxes, and a Marshal or Collector who shall antedate any receipt or certificate, shall be deemed guilty of misfeasance of office, and, upon indictment and conviction, shall be fined not less than fifty nor more than five hundred dollars. § 6. The next election for City Attorney shall be held on the first Monday in August, 1884, and each succeed- ing election for the same shall be held on the first Monday in August quad-rennially thereafter, the same qualifications being required for voters for this office as for Councilmen. The Councilmen and City Attorney mentioned in this act shall enter upon the discharge of their duties at the time, and their term of office shall be as now prescribed by law. § 7. It shall be unlawful for any member of the City Council to contract for the performance of any work ta be let or authorized by said Council, or to be directly or indirectly interested in any contract, payment for which is to be made from the City Treasury. Nor shall any member of the City Council take or receive any fee or reward as attorney, counsel or agent for the city, or the transaction of any business which may come before the Council. APPENDIX. 185 § 8. Any Councilman violating the provisions of the foreffoimr section shall be liable to indictment in the O O Franklin Circuit Court, and, upon conviction, shall be fined not less than fifty nor more than five thousand dollars, or imprisoned in the county jail not less than ten days nor more than one year, or be both so fined and imprisoned. § 9. All proceedings of the City Council shall be with open doors, accessible to the public, and the journal thereof shall be at all times open to public inspection, subject only to such regulations as will guard against its defacement or mutilation. § 10. All acts or parts 6f acts in conflict with this act are hereby repealed. § 11. This act shall take effect from and after its pas- sage. Approved April 7, 1882. IBjiLtenclinQ' City I^iniits. AN ACT to extend the limits of the city of Frankfort. Be it enacted hy the General Assembly of the Common- leealth of Kentucky: § 1. That the limits of the city of Frankfort be ex- tended so as to include within the authority and jurisdiction of said city all territory and property sit- uated and lying within the boundary following, to-wit: Beginning at the point where the present city limits intersect the old Louisville road on Shelby street; thence with and including said old Louisville road, in a south and south-west direction-, to the point where said road strikes the present Louisville and Frankfort turnpike road; and running thence in an eastern and northern course with, and including said turnpike road, to the point where same intersects the present city limits. Vunfshment for same. Proceedings of Council to be open and rec- ords open to public inspec- tion. Amended by act of April 22, 1890. 18G APPENDIX. Can not collect taxes on pas- ture lands. Sh.all not bind city to keep up a n y turnpike in this bound- ary. Authorized to Issue bonds in sums of $70,000 to run not ex- ceeding twenty years. § 2. But iiothiDg in this act shall authorize said city to levy or collect taxes on any of the lands included in said boundary, which are used as pasture lands, until the said lands shall be laid off into half acre or smaller lots, or shall be improved, built upon or used as city property. § 3. Nor shall this act create any responsibility or liability upon said city for keeping up or repairing any part of the aforesaid turnpike included in the aforesaid boundary, § 4. This act to take effect from and after its passage. Approved April 17, 1882. To Fund Floating Deht. AN ACT for the benefit of the city of Frankfort. Be it enacted by the General Assembly of the Common- wealth of Kentucky’. § 1. The city of Frankfort having a large floating debt, now, for the purpose of funding the same and pro- vide for the payment thereof, said city is hereby author- ized to issue its coupon bonds in sums not exceeding seventy thousand dollars in the aggregate, for ain^ period not exceeding twenty years, bonds and interest payable at such place as may be fixed by Ordinance, bearing interest not exceeding six |)er cent, per annum, payable semi-annually; said bonds to be in denomi- nations of not less than one hnndred dollars, nor more than one thousand dollars; said bonds shall be issued before the Board of Coiincilmen in open session, and a register of such issue made upon its journal. The}^ shall be signed by the INIayor and countersigned by the Clerk, and bear the seal of said city, and the coupons shall be signed by tlie Clerk alone. Of said bonds, thirty-five thousand dollars shall bear six per C( nt. interest, be specially registered as issued, and delivered APPENDIX. 187 in payment of that amount due from tlie said city for the fund collected by it from tlie lottery, and so invested as required by law for the benefit of tlie Frankfort City School; and when so issued, to be delivered lo the Board of Sinking Fund Commissioners for safe keeping. The remaining thirty-five thousand dollars of said bonds may be sold and disposed of by the Board of Councilmen upon such terms and in such manner as may be deemed best by the Board of Sinking Fund Commissioners for the interest of said city, but not below the par value thereof. § 2. And whereas, there has been no sinking fund created for the purpose of retiring the present indebt- edness of said city; now, to provide for the prompt pay- ment of the interest and principal, at maturity, not only of the present bonded indebtedness of said city, but also of the bonds hereby authorized to be issued, a sinking fund is hereby created therefor, to consist, first, of all moneys collected and received by said city from all licenses of every description, other than such part thereof as, by law, the city is required to pay into the State Treasury; and, second, a sum to be by the Board of Councilmen of said city levied and collected as taxes in said city annually, as will be sufficient, when added to the amount realized from licenses, to pay the interest and retire the principal of said bonded indebtedness as it matures; and all officers of said city, whose duty it is to collect or receive any part of the said funds, so set apart to said sinking fund, shall, as fast as the same is received, pay the same over to the Board of Sinking Fund Commissioners, first, however, obtaining a permit from the Clerk of said city for said payments, which per- mit shall be dated, give the amount of the payments to be made, and the source from whence the money to be paid was collected or received. Said Collecting Officer shall $35, (XX) of the l)ou(ls to pay school lottery fund. Sinking Fund created. What amounts go to Sinking Fund, and how determined. 188 AI'rESDIX. Who constitute Board of Sink- ing Fund Com- missioners. Board shall elect officers. Duties of the Board. Council shall define duties of the Marshal. not, however, receive credit for such payment until he returns to the City Clerk the receipt of the Board of Sinking Fund Commissioners therefor. ^ 3. A Board of Sinking Fund Commissioners is hereby ostablislied for said city, to consist of the Cash- iers of the three banks now established in said city, and the Mayor of said city. If, at any time, the Cashier of either of said banks shall refuse to act as a member of said Board, the Board of Council men shall declare his place in said Board vacant, and proceed, b}^ ballot, to elect a suitable person to fill the same.^ No })erson, ex- ceptthe Mayor, who is in any Avay connected with the city government, or in any office thereof, or who is not a resident of said city and has resided therein four years, shall be eligible to a position in said Board. Said Board shall elect a President, a Secretary and Treas- urer from its members. It shall be the duty of said Board to receive, from tlie proper Collecting Officers of said city, and receipt to the same therefor, all moneys and dues of every kind 'belonging to the sinking fund of said city, and properly invest in good and solvent in- terest bearing securities, and use the same in the proper paAunent of the interest and retirement of the present bonded indebtedness of said city, including that authorized by this act: Provided, however, That, in the retirement of said bonded indebtedness, inasmuch as the thirty-five thousand dollars of bonds hereby author- ized to be issued in payment of so much of the Lottery School Fund is in the nature of an investment for the benefit of the City School, that shall be the last to be paid off; but the interest thereon shall be promptly paid to the use of siiid scliool as provided by law. § 4. The Board of Councilmen of the city of Frankfort shall have power to deline the duties of the Marshal of the city of Frankfort, appoint a Receiver or Collector APPENDIX. 189 of Taxes, and other dues to said citv, and remove said stiaii appoint " _ collector of Receiver or Collector; and, when said Receiver or Col- lector shall be so ap})ointed and sworn into office before said Board, and a record made thereof on its journal, and he shall have given good bond for the faithful dis- collector to give charge of his duties, to be approved by the Board of Councilmen, he shall have the same powers and duties, and be under the same responsibilities therefor for the collection of taxes and other dues to said city, the ad- vertising, sale, and redemption of property, and con- veyance of sam(i when sold to enforce payment of taxes, as are now by law conferred and imposed upon the Marshal of the city of Frankfort, or may hereafter be conferred upon said Marshal or Collector. § o. All laws, or parts of laws, in conflict with this act are hereby repealed. § 6. This act shall take effect and be in force from and after its passage. Approved April 22, 1882. Note.— By an act, approved March 26, 1884, in section one thereof, there is substituted seventy-five thousand dollars in lieu of seventy thousand dollars, and fifty thousand dollars in lieu of thirty-five thousand dollars, specially registered bonds to cover Lottery Fund, and twenty-five thousand dollars in lieu of thirty- five thousand dollars to cover general floating 'debt; and in section three are added these words after the word city, and before the word if, viz: “Said Sinking Fund Commis- sioners shall make an annual report of their doings and transac- tions to the Board of Councilmen of the city of Frankfort, and execute to said Board a bond, to be approved by it, for the faith- ful discharge of their duties.” In all other respects said act is identical with this act. 190 Al>IM£NDIX. Board of Coun- cil given autlu r- ity to enforce collection o f taxes by suit in equity. Co/ieetio/i of Taxes, AN ACT to amend and reduce into one the several acts in rela- tion to the city of Frankfort, approved March 16, 1869. Be it enacted by the General Assembly of the Common- luealth of Kentucky: § 1 . That in addition to the powers and authority conferred 1121011 the Board of Coiincilmen of the city of Frankfort by the above styled act, and especially the 24(1 section thereof, to which this is an amend inent, it shall have the power, right and authority, by a suit in equity in any court of equitable jurisdiction held in the city of Frankfort, to enforce and foreclose its lien for city taxes and to prove and enforce its claim or lien for city taxes, in any action instituted by any 2ierson or 2iersons, coiqioration or corporations, on all estate for said city taxes due it, as any other claim is now proved up and enforced in chancery. § 2 . Jurisdiction is hereby conferred ui^on the Franklin Circuit Court and the Franklin Common Pleas Court to carry out the provisions of this act. § 3 . This act shall take effect and be in force from and after its passage. Approved April 24, 1882. Bonds Tor Coloreh Biihlic Schools, AN ACT to authoiize the Board of Council men of Frankfort to issue bonds for school purposes. Be it enacted by the General Assembly of the Common- ivealth of Kentucky: § 1 . Whereas, the Board of Coiincilmen of the city of Frankfort is authorized by the city charter to build, purchase or procure any additional grounds or build- ings which may be necessary for common school iiur- jioses; therefore, to enable the Board of Coiincilmen to realize a fund sufficient to procure a suitable building APTENDIX. 191 and necessary furniture, fixtures and apparatus for the colored public scliool of the city, the said Board of Councilinen may issue bonds of the city to the amount of ten thousand dollars, of the denomination of five hundred dollars each, with coupons attached, for the payment of interest, which interest may be at any rate per annum not exceeding six per cent., and shall be payable semi-annually, to-wit: On the first days of Jan- uary and Julv at the Farmers’ Bank of Kentucky, Frankfort, Kentucky; said bonds to be payable twenty years after date at said Farmers’ Bank of Kentucky. The bonds to be signed by the Mayor and counter- signed by the Clerk, with the corporate seal of the city attached, and the coupons to be signed by the Clerk, which said bonds, so issued as aforesaid, shall be pub upon the market by the Mayor and sold, and from the sale thereof there shall be realized the said funds as aforesaid: Provided, That the said bonds shall not be sold for a less sum. than their face value. § 2. The Board of Councilinen shall, from year to year, levy upon the taxable property of said city, and collect an additional tax sufficient to pay the interest on said bonds, and redeem and payoff the same when they shall become due, which said taxes, as levied and collected, shall be kept separate and apart from the other reve- nues of the city, and shall not be used for any other purposes than the payment of the interest and principal of said' bonds. § 3. The funds realized from the sale of said bonds shall be kept separate and apart from the other funds of the city, and shall be styled the Colored School Building Fund, which fund shall not be used for any other than the purpose herein named. § 4. When a suitable building and necessary furni- ture, fixtures and apparatus shall have been procured xVlay Issue §10,- OW) worth of bonds for build- ing, &c. Shall levy tax to pay Interest on the bonds. To be kept sep- arate. Fund to be kept separate. 192 APPENDIX. Who to consti- tute the build- ing committee. Power to ex- pend fund. Bonds not sub- ject to taxation for city pur- poses. for tlie Colored Puldic School of said city, the balance of the said building fund, if any shall be then remaining, shall be jilaced to the credit and made part of the fund for the support of the Colored Public School. § 5. The Board of Trustees of the public schools and the Committee on Education of the Board of Councilmen shall constitute and be styled the School Building Committee. The Chairman and Secretary of the Board of Trustees of the Public Schools shall be respectively Chairman and Secretary of the said School Building Committee, which building committee shall have power to expend the said colored school building fund for the, purpose aforesaid. The said fund shall be disbursed upon the order of the said committee and upon warrants signed' by the Chairman and Secre- tary thereof. § 6. The bonds provided for in this act shall not be subject to taxation for city purposes. § 7. All acts or parts of acts in conflict herewith are hereby repealed. Approved April 25, 1884. Note.— By an act approved May 3, 1884, the above act was amended as follows, by adding after section seven of said act the words, “ This act shall take effect from and after its passage,” and the following words, “ all acts or parts of acts in conflict herewith are hereby repealed.” This act shall take effect from and after its passage. API>ENI)IX. H)) *To Z’roetire l^ropcrty for l^iihlio l*iirpt>scs. AN ACT to amend an act, entitled “An act to amend and reduce into one the several acts in relation to the city of Frankfort, approved March 16, 1869.” Be it enacted by the General Assembly of the Common- u'ealth of Kentucky: § 1, To procure property for public streets and munic- ipal purposes in said city, the Council may, by Ordinance or Resolution, authorize the Mayor to purchase, at a stated price, any designated property for a specified purpose, and the Mayor may tender to the owners of the property, if adults, the mone}^ at said price and make the purchase, if assented to; but if the owner refuse to sell at such price, the property may be condemned by comiemn proceedings for that purpose in the name of the city eu^or^puMic of Frankfort against all owners of said property, or .any part thereof, in the Franklin Circuit Court, or any court of competent jurisdiction, and such court shall Manner of con- make all such orders, rules and judgments as will secure a fair trial by an impartial jury of not less than ;six free-holders of said city or county of Franklin, who shall be sworn in such form as tlie court ma}y direct, and say, by their verdict, what compensation the respective owners shall have for tlie property proposed to be condemned, including damages, if any, occasioned by sueh taking; and upon such inquest the court shall make its judgment of condemnation to take effect upon the payment of the money, in pursuance of the judg- ment, unless, for objections and cause shown, within five days after such inquest, the court, in its discretion, shall rule or order otherwise. All costs of the proceed- ings shall be paid by the city of Frankfort. Either party may except to tlie proceedings and have the right of appeal, as in cases of other final orders or judgments- § 2. This act shall take effeet from and after its pas- .:sage. 14 Approved April 28, 1884. ]91 APPENDIX. Clei’k allowed commission on sums collected and paid into State Treasury, $15,000 in bonds lor -school build- ings. &c. 01oi'k*s J^eos an State L,ieenses. AN ACT to amend the charter of the city of Frankfort. Be it enacted by the General Assembly of the Common- wealth of Kentucky : § 1. That section 13 of the charter of the city of Frankfort, approved March 16, 1869, be, and the same is hereby, so amended that the Clerk of the Board of Councilmen shall be allowed the same commission upon sums collected and paid into the State Treasuiy for licenses, provided in said section 13, as is now paid County Clerks for such service. § 2. This act shall be in force from its passage. Approved February 1, 1886. Bands far Schaal Burpases. AN ACT to authorize the Board of Councilmen of the city of Frankfort to issue bonds for school purposes. Be it enacted by the Genercd Assembly of the Common- ivealth of Kentucky: § 1. That to enable the Board of Councilmen of the city of Frankfort to realize a fund sufficient to erect a suitable building or buildings, and necessary furniture,, fixtures and apparatus for the Public School or Schools of tlie city, said Board of Councilmen may issue bonds of the city to the amount of fifteen thousand dollars, of the denomination of five hundred dollars each, with coupons attached for the payment of interest, which in- terest may be at any rate per annum not exceeding six per centum, and shall be payable semi-annually, to-wit: On the first of January and July, at the Farmers’ Bank of Kentucky, in Frankfort, the bonds to be signed by the Mayor and countersigned by the Clerk, with cor- porate seal of the city attached, and the coupons to be signed by the Clerk. AVlnch said bonds, so issued as aforesaid,' shall be put upon the market by the APPENDIX. 195 Mayor and sold, and, from the sale thereof, shall be realized said funds as aforesaid: Provided, That the said bonds shall not be sold for a less sum. than their face value. Said bonds shall be due and payable in twenty years from this date, but may be redeemable at any time after five }’ears, at the option of the Council. g 2. The bonds provided for in this act shall not be subject to taxation for city purposes. § 3. This act shall take effect and be in force from and after its passage. Approved March 18, 1886. Licenses, AN ACT to amend an act, entitled “An act to amend and re- duce into one the several acts in relation to the city of Frank- fort,” approved March 16, 1869. Be it enacted hy the Genercd Assembly of the Common- ivealth of Kentucky: § 1. That an act, entitled ^‘An act to amend and re- duce into one the several acts in relation to the city of Frankfort, approved March 16, 1869,” be amended as follows: That subsections 36, 37, 38 and 39 of section 10 of an act entitled, ‘‘An act creating a new charter for the city of Owensboro, approved March 18, 1882, be, and the same is, applicable to the Board of Councilmen of the city of Frankfort, except so much of subsection 36 as mentions or refers to the Ohio river, and in lieu of this word ‘Ohio’ the word ‘Kentucky’ is inserted, and strike out all words in subsection 36 after the words ‘upon boats or water crafts of any kind in the Ohio river.’ ” § 2. This act shall take effect from and after its pas- sage. Bonds not to be sold tor less than their face value. Not subject to city taxation. Making s e c - tions of Owens- boro charter ap- ply to Frank- fort. Approved April 9, 1886. •19G APl'lCNKIX. To whom li- cense may be granted. May fix amount of license and prescribe terms and conditions. Tlie following arc snlisections 3G, 37, 38 and 39, of the charter of Owensboro referred to: Sulisec. 30. The Common Council shall have power to grant licenses to the following persons and Imsiness, and provide by Ordinance adequcite penalties for doing business without license, to-wit: Tavern keepers, inn keepers, retailers of spiritous liquors, keepers of beer, ale, porter, cider, and wine-shops, houses and cellars, and all other places of public entertainment; and show- men, and keepers and managers of theatrical exhibitions, concerts, menageries, circuses, fortune-tellers, astrologers, clairvoyants, and all other exhibitions for money or re- ward; and auctioneers, commission merchants, banks of incorporation, both under the State and United States laws; builders, architects, insurance agents and companies, express companies, telephone companies, telegraph companies, real estate agents, dentists, law- 3 ^ers, physicians and surgeons; dealers in live stock, and butchers doing business in the city of Owens- boro; tobacco stemmeries, livery stables and ware- houses, and houses for the sale or manufacture of dry goods, groceries, and wholesale liquor houses; deal- ers in coal, and all other houses or places for the purchase, manufacture or sale of goods, wares or mer- chandise; persons vending at retail or wdiolesale, by sample or otherwise, goods, wares, merchandise, and all other business done in the city not herein specified, and personal property of any kind in said city. Subsec. 37. And in granting such licenses, as by this act the Common Council is authorized to grant, they shall charge such sum or sums of money as they shall deem fit and reasonable, and annex to such licenses such terms and conditions as, in their opinion, the peace, good order and general interests of the city may require. Al’I’ENDIX. 197 Subsec. 3(S. And if any i)erson so licensed be guilty of any violation of such condilion, or suffering it to be done by any })erson in his ein})loy, he shall, upon con- viction thereof, in addition to the penalty })rescribed for such violation, have his license suspended for a limited time, or wholly annulled, as the Common Council may hereafter by Ordinance prescribe. Subsec. 39. Xo license herein allowed to be granted by the Common Council shall be for a longer time than one year, but may be for a shorter time, in the discre- tion of the Council; and the charge therefor shall be paid into the City Treasury before such license is granted. Bands far Sewers. AN ACT for the benefit of the Board of Councilman of the city of Frankfort. Be it enacted hij the Gencred Assembly of the Common- u'eedth of KentneJey: § 1. That for the purpose of enabling the Board of Councilmen of the city of Frankfort to construct and maintain good and sufficient sewers, for the better drain- ing of said city of k"rankfort, and to provide for the payment of the same, the said Board of Councilmen of the city of Frankfort be, and it is hereby, authorized and empowered to issue its coupon bonds in sums not exceeding ten thousand dollars in the aggregate; said bonds to run for a period of twenty years from the date hereof, bearing interest not exceeding five per cent, per annum, payable semi-annually ; bonds and interest ■ payable at such place as said Board of Councilmen of 'the' city of Frankfort ma^g by Ordinance, designate; said bonds to be in denominations of not less than five hundred dollars nor more than one thousand dollars; said bonds shall be issued before the Board of Council- Penalty for vio- lating condi- tion.s of li- censes. Xo license for a longer time than one year.. May issue SIO,- 000 of bonds for sewer purposes To bear inter- est not exceed- ing five per cent 198 APrENDIX. Sections 2 3 ot act of A 22, 1882, to ply. The Mayor- powers and ties. men of tlie city of Frankfort in open session, and a register of sucli issue made upon its journal; they shall he signed by the Mayor and countersigned liy the Clerk of said Board and hear the seal of said city, and the coupons shall he signed by the Clerk alone. Said bond^ may be sold and disposed of by said Board upon such terms and in such manner as it may deem best for the interests of said city, but not below the par value thereof. § 2. That for the payment of the interest, as well as and the principal of said bonds at maturity, all the pro- ^prii ... ^ ap- visions and requirements of sections 2 and 3 of an act, entitled “An act for the benefit of the city of Frankfort,’’ approved April 22, 1882, establishing “a sinking fund” and a Board of Sinking Fund Commissioners, is hereby made to apply to the bonds hereby authorized to be issued as fully as the same applies to the present bonded indebtedness of said city. § 3. This act to take effect and be in force from and after its passage. Approved May 18, 1886. ISleotion of Caiinailnien and Sohonl Xiriistees, AN ACT to provide for the election and in part to define the duties of a Mayor, Board of Councilmen and School Trustees of the city of Frankfort, and to provide for the establishment of a Board of Commissioners to control the police and fire depart- ments thereof, and to define their duties. Be it enacted by the General Assembly of the Common- wealth of Kentucky: § 1. The chief executive officer of the city of Frankfort shall be styled the Mayor, and shall be elected on the first Saturda}^ in December, 1888, and every three years du- thereafter, by the legal voters of said city, having the same qualifications as an elector to vote for Represen- tative, and shall serve until his successor is qualified; and shall be ineligible to that office for the ensuing APPENDIX. 199 three years, unless the people shall decide otherwise as provided in section 7. No person shall be Mayor who has not attained the age of thirty years; is not a qual- ified voter of the city and who has not been a resident thereof for five years next preceding his election; who is not a hona fide owner of real estate in said city at the time of his election ; who holds any other civil office, or is directly or indirectly interested in any con- tract with said city as principal or surety; and if, after ◄election, he becomes so interested, or an applicant for .-such contract, or a candidate for any office or agency, his office shall thereby become vacant, and the Board of Conncilmen shall so declare and fill the vacancy. § 2. The Mayor shall commence the execution of his office on the first Tuesday in January succeeding his -election. He shall receive for his services not less than five hundred nor more than one thousand dollars per nnnum, payable quarterly out of the City Treasury, the .amount to be first fixed by the Board of Conncilmen. He shall, from time to time, give the Board of Council- men such information of the state of the corporation, and such suggestions as he may deem proper, or they may require; and he may recommend to them such measures as he may deem important for their consid- '^ration. He shall exercise a general supervision over all the executive and ministerial officers of the city, and see that their official duties be honestly performed; and may require from them statements in writing con- cerning the discharge of said duties. He shall take care that the Laws, Ordinances and Resolutions of the city are faithfully executed, and shall perform such •other duties not inconsistent with the city charier as may be required by Ordinance or Resolution. He shall Re head of the Police of the city, and may command them in the performance of tl)eir duty; and, when Mayor must be thirty years old, &c. Shall not be in- terested in any contract with city as princi- pal or surety. Term of office of Mayor be- gins. Mayor’s salary. Mayor to give information to Council and rec • ommend meas ures. Mayor to exer- cise supervision over officers of city, &c. Ma 'or shall be head of pohcr. APPENDIX. 2C0 May order into ser\ice citizens in onier to en- force laws or prevent calami- ty. Ordinances and re s o 1 u t i 0 n s must be pre- sented to tne Mayor for liis approval cr dis- approval. Tvvc-tbirds vote n'^cessa ry t o pass over May- or’s veto. For special rea- sons Mayor may convene Ccun- cil. Mayor has pow- er CO aunniiis- ter oaths. When a Mayor pro tern. may be elected. deemed bydiim iieeeiiSai'y to enforce tlie laws or arrest calamity, or save life or ))i*o})erty in case of danger^, he may order into service any of the citizens, either civil or military, and, in such cases, he shall he })resent and com- mand in jierson; and the Bonrd of Councilmen shall pre- scribe suitahle fines and penalties for disobedience of his orders on such occasions. Except on adjournment, or ap- proval of a conti'act theretofore apjiroved by the Mayor,, every proposed Ordinance or Resolution which has passed the Board of Councilmen shall he presented to the Mayor,, and, if he approve, he shall sign it, and then it shall be obligatory; hut if he disap})rove, he shall return it,, with his objections in writing, and the said Board oE Councilmen shall then reconsider the same, and, if two- thirds of the mem hers-elect concur in adopting it again,, it shall he obligatory; hut, in such cases, the vote shall be taken by yeas and nays, and recorded in the journal; should he withhold a proposed Ordinance or Resolution beyond a day for the next regular meeting, and the Board of Councilmen actually meet, if three days have intervened between the presentation to the Mayor and such meeting, it shall be obligatory, if signed. For special reasons tlie Mayor may convene the Council at any time. § 3. The Mayor shall have the same power to admin- ister oaths or affirmations- that .lustices of the Peace and other judicial officers of this Commonwealth have; and persons violating such oath or affirmatioii shall be subject to the penalties prescribed by law for violating; such oath or affirmation, if taken before any judicial officer. Should the Mayor be temporarily disabled for discharging his duties, or the office become vacant before the expiration of his term, the said Council shall elect a Mayor- pro tern., who shall discharge the duties of the office during the continuance of the disa- APPENDIX. 201 bility, or until a Mayor lias been elected and qualified as provided by this act. The Council shall allow such compensation to the Mayor pro tern, as they may deem right, not exceeding in proportion the salary of the Mayor, and mi\y, if they think it just, deduct the amount in whole or in part from the salary of the Mayor. § 4. At the next election for city officers there shall be elected by the voters of said city, having the same qualifications to vote as provided by law for the election of a Representative, nine Couiicilmen, three Council- men to be elected from each ward of said city, and to be voted for by the qualified voters, as above provided, of the respective wards from which they are returned; and said Councilmen shall reside in and be bona fide owners of real estate in the respective wards which they represent. The Board of Councilmen shall elect one of their number President, who shall preside at the meetings of the Board, and have such powers, duties and responsibilities as the said Board may think just and proper; and they shall not be eligible for two successive terms, unless the people decide otherwise, as provided in section 7 of this act. Tbe Board of Coun- cil, when elected and duly qualified, shall, at their first regular me*eting, nominate nine men (not city officers), who shall he bona fide owners of real estate in the city of Frankfort, and submit their names to the Mayor, who shall select from their number four men, who, to- gether with the Mayor, shall be a commission to con- trol the Police ami Fire Departments, and hold office for two years, without compensation ; and they shall take the same oath as the Council and in the same manner; and the said Commissioners shall have power to remove for cause and fill vacancies in the Police and Fire Departments. It shall be the duty of said Com- Compen.satlon of Mayor pro and how paid. Three Council- men to he elect- ed from each ward. Mu5t reside in ward from which elected and be bona tide owners of real estate. Council to elect one of num- ber President, and his powers and duties. Councilmen not eligible for two successive terms. Manner of se- lecting Police Commissioners and their Quali- tications. Term of ofiBce. Power and du- ties of Commis- sioners. 202 APPENDIX. Shall adoi)t rules and Jegu- lations for po- lice and lire- nien. Shall fix sala- ries. Maimer of fill- ing vacancy in Board of Com- missioners. City Clerk to be ^ Clerk of Board of Commission- ers. Mayor shall ap- point Chief of Police and Chief of Fire Department. May be remov- ed by Mayor with consent of Commis sioners Oath of Mayor and Council- men. Publication of delinquent tax- list. missioners to aiijioint Police and Firemen of the city of Frankfort, and they shall adopt such rules and regula- tions as they may deem proiier for the government of the Police and Fire Departments, in carrying out the Ordinances of the city of Frankfort, and fix the sala- ries of the Chiefs of Police and Fire Departments, and tlieir subordinates, and the same shall be })aid by war- rant drawn on the City Treasurer; and in case of the death, resignation or failure to qualify of any of said Commissioners, the Mayor may appoint from the re- maining nominees to fill a vacancy, and the City Clerk shall be the Clerk of the Commissioners of Police and Fire Departments. The Mayor shall appoint a Chief of Police and Chief of the Fire Departments, who shall be qualified voters of the city of Frankfort, and who shall perform such duties as may be prescribed by the rules and regulations of the Police and Fire Commissioners; and the Chiefs of Police or Fire De- partments may be removed by the Mayor, by and with the consent of the other Police and Fire Commis- sioners. § 5. The Mayor and Council shall, in addition to the oatli now prescribed by law, make oath or affirmation that they are hona fide owners of real estate in the city of Frankfort. § 6. The delinquent tax-list of said city shall be pub- lished in one of the newspapers of Frankfort, selected by the Council, in such manner as they deem best for the city, which publication shall be certified as now provided by law. § 7. That a separate election shall be held in the city of Frankfort in each ward, as now provided by law for other elections, on the first Monday in September next, for the ratification or ix-jection of the provision in this act in regard to the eligibility of the Mayor, Board of APPENDIX. 203 Counciliiien and School Trustees for two successive terms, the voters to ex])ress their opinion in eacli case se])arately. The officers of such election shall be ap- pointed and have the same (lualifications as now pro- vided for city elections in said city, and the returns tliereof sliall l)e made in the same manner as now pro- vided by law. There shall be provided a book for such purpose, with columns headed for eligibility, for each of the officers named above, and against the same for each of the officers named; and the voters voting at said election shall have propounded to each of the qualified voters in each ward voting at said election, by the officer thereof, the following questions : 1. Are you in favor of the eligibility of the Mayor of the city of Frankfort for two successive terms? 2. Are you in favor of the eligibility of the members of the City Council for two successive terms? 3. Are you in favor of the eligibility of the School Trustees of the city of Frankfort for two successive terms ? The answer of each vot^r upon each question shall be recorded by the Clerk of said election, either in the affirmative or nega- tive, as the case may be, and the result shall be counted and certified as other elections are counted and certified under the laws of Frankfort pertaining to city elections. If the majority of the votes cast are in favor of the eligibility of the Mayor, Board of Councilmen and School Trustees of the city of Frankfort for two suc- cessive terms, the same shall be the law of the city of Frankfort. If a majority of said voters cast their votes against the eligibility of any or all of the officers named for two successive terms, it shall be a law, and in each case the same shall apply to the officers named hereafter elected in said city. The qualifications of the voters in such special election shall include all legal Election to de- t ‘Cinine wheth- er Mayor and Council shall l e eligible to fucceel them- selves. 204 APPENDIX. Six School Trustees to be elected. Two from each ward Qualilicatioi'.s 01 Trustees. County Judge. &c.. to appoint officers of reg- istration. Qu ilification of odicer of regis- tration. qualified voters who are authorized to vote for Repre- sentative, and no registration shall be made for such election. § 8. On the days now fixed by law for the election of Trustees of the Public School of the city of Frankfort, there shall be elected six Trustees of said school instead of three, as now provided by law, to be selected as fol- lows: On said days an election shall be held in each ward of said city by the voters of the ward liavingthe qual-ifications to vote for Representative, to be con- ducted b}^ officers for the election, to be appointed by the Board of Councilmen of the city of Frankfort, of two School Trustees for each ward in said city of Frank- fort, who shall have the same qualifications as now re- quired by law for such Trustees, who shall take the oath and execute bond and perform the same duties and serve for the same term as now prescribed by law for said School Trustees. § 9. The County Judge of Franklin county, the Sheriff of said county, and the County Clerk of said county, shall constitute a Board which shall, between the first day of October and the first day of November, in each year, appoint four sober and discreet citizens in each ward in the city of Frankfort, two to act as Judges of registration, one as Clerk of registration in the wards for which tlmy are appointed. No person shall be eligible as Clerk or Judge who is not a voter in the precinct for which he is appointed, and a housekeeper* and when there are two distinct political parties, said officers of registration shall be so selected as that one of the Judges at each precinct shall be of one political party and the other of the opposing political party. They shall serve for two years from the time of their appointment, and each of them shall take the oath prescribed by section 1, article 8, of the Constitution. vVPl’ENDIX. 205 The Sheriff of Franklin county shall, at least five days before the registration shall commence for any city election, give each officer written notice of his appoint- ment. Should either of those appointed fail or refuse to act, those present and acting are authorized to aj>- point others in their place. Should the Court, Sheriff or Clerk fail to appoint, or should all the officers fail to attend at the place of registration for an hour after the time for commencing said registration, then the Sheriff, Judge or Clerk of tlie county, or either of them that can be found, shall appoint the officers for that regis- tration. They shall have the same powers that officers of elections have to preserve order at the polls. There shall be prepared bv the officers of registration one Registration registration book for each ward in the city of Frankfort, in proper form, with printed headings, providing a column each for the voter’s name, residence, color, and also a column showing for what elections said regis- tration entitles the persons whose names are registered to vote; said books shall be so arranged as that the voters may be registered alphabetically. The books of registration shall be tiled in the City Clerk’s office, be duly signed and certified by the officers of registration. The officers of registration shall attend at the voting places in each wai-d in the city of Frankfort, provided for the election of city officers, on the second Monday in November, 1888, and continue for three days in each 3 ^ear, preceding the election for Mayor, Board of Coun- cilmen. Board of School Trustees and City Attorney, from six in the morning until seven in the evening, and shall record in the registration book, which shall be furnished, list of such qualified voters of the ward as may apply for registration: Provided, That when two or more elections occur in an}" one year for the same officers herein, but one registration shall be made, and 20G APPENDIX. But one rej^is- tratloii lii one year. Duty of clerk of registration. tlie list SO made shall be the voters for all such city election for such city officers as are herein named. Said list of voters shall he made in alphabetical order, showing tlie name of the person registered, the name of the street or alley of residence, or number of the house or tenement in which he lives, and whether he be white or colored. No person shall be registered who does not personally appear before the officers of regis- tration; and if he be not personally known to the offi- cers, or if any bystander shall demand it, he shall be sworn by one of the officers and interrogated b}^ him, or by such bystander, touching his qualifications to vote, as provided under this act. Every person shall be entitled to be registered who is entitled to vote for Representatives in the General Assembly, as provided in the Constitution of Kentuck^v An alien, possess- ing all the qualifications of a voter except citizenship, shall be entitled to be registered, but the Clerk shall write under the head of ^‘remarks,” opposite his name, “not naturalized,” and such alien shall not be entitled to vote at an}^ election unless he produce his naturali- zation papers to the officers of election in due form of law. In making the registration the Clerk shall act as the recording officer, and the Judges shall decide all questions relating to the qualifications of persons offer- ing to register, except that in case of a difference of opinion between the Judges the Clerk shall have the casting vote. It shall be the duty of the Clerk to num- ber consecutively the names recorded under each letter of the alphabet as they are taken down, and at the close of the registration he shall sign his name as Clerk after the last name is recorded, in such manner as that no other name can be recorded above his; and he shall also foot up and certify the whole numher of names recorded at that registration, and this certificate APriCNDIX. 207 shall be signed by all the oHicers before leaving the place of registration, and in the presence of any other person who may witness it. The Clerk shall also sign his name at the foot of each page. On the day follow- ing the Clerk of each ward shall deliver said books into the hands of the City Clerk, and take his receipt there- for. It shall be the duty of said Clerk to keep said books safely in his office, and not to siitfer the same to be taken ’therefrom. The Clerk, shall immediately make a list of the voters of each ward from said regis- tration books, and have the same published in at least two newspapers published in said city of Frankfort, previous to said election. Any person who shall cause himself to be registered in more than one election ward, or more than once in the same ward, of shall cause himself to be registered, knowing himself that he is not entitled to registration, and any person who shall aid and abet in the commission of said acts, shall be deemed guilty of a misdemeanor, and shall, on convic- tion, be fined in any sum not less than five hundred dollars, and imprisoned in the county jail not more than one year, or both. Any officer of registration or other person who shall unlawfully alter any registra- tion book, or add any name thereto, or shall willfully se- crete, suppress or destroy aii}^ such book, or shall make or aid in making, any false or fraudulent registration hook, shall be deemed guilty of a felony, and, on con- viction, shall be confined in the penitentiary for not less than one nor more than five years, and shall for- feit any office he then holds, and shall forever be dis- qualified from holding any office. Any person who shall willfully make any false statement, under an oath, administered by the officers of registration, shall be deemed guilty of perjury, and, upon conviction, shall be confined in the penitentiary not less than one nor Punishment for false or double registration. Punishment of officer for alter- ing registration book. 208 APPENDIX. more tlDUi five years. Any person who, by himself, or in aid of others, sliall forcibly break up, or attempt to break up, a registration held under this act, or shall for- cibly prevent or attempt to prevent, any person from approaching or entering a place of registration for the purpose of registering, shall be fined not less than one hundred nor more than five hundred dollars. No wit- nesses shall be excused from testifying before any grand jury, or in any prosecution or indictment under this act, on the ground that his testimony will crimi- nate himself; but no such testimony shall be used against him, except for perjury, in giving the same. The cost of the registration books and expenses of the registration under this act shall be paid by the city of Frankfort, and the registration officers shall receive for their services three dollars each per day. § 10. All acts or parts of acts in conflict herewith are hereby repealed. § 11. This act to take effect from its passage. Approved April 30, 1888. Hlectiaii of Mayor, &c. AN ACT to amend an act, entitled “An act to provide for the election, and, in part, define the duties of a Mayor, Board of Councilmen and School Trustees of the city of Frankfort, and to provide for the establishment of a Board of Commissioners to control the Police and Fire Departments thereof, and to de- fine their duties,” approved April 30, 1888. Be it enacted by the General Assembly of the Common- wealth of Kentucky: % 1. That the title of the act, to which this is an amendment, be amended to read as follows, namely: ‘'An act to amend the Charter of the city of Frankfort, so as to provide for the election, and, in part to define the duties of a Mayor, Board of Councilmen and School Trustees of the city of Frankfort, and to provide for APl’ICNDIX. 209 the establishment of a Board of Commissioners to con- trol the Police and Fire Departments thereof, and to define their duties.” § 2. In addition to the qualifications required in sec- tions 1 and 4, the said voters for Mayor, Board of Couiicilrneii and School Trustees, shall be registered as provided in said act to which this act is an amend- ment. § 3. Amend section 9 of said act by striking out the word ‘Tour” after the word “appoint,” and before the word “sober,” and insert in lieu thereof the word “three.” § 4. This act shall take effect from its passage. Approved May 4, 1888, Extending City Eimits. AN ACT to extend and better define the limits of the city of Frankfort. Be it enacted by the General Assembly of the Common- wealth of Kentucky: § 1. That the corporate limits of the city of Frankfort be, and the same are hereby, extended and defined by metes and bounds as follows, to-wit: Beginning at “A,” tlie point of land above Benson creek at its mouth; thence across the river south sixty-three and one-fourth east twenty-five poles to the east bank of the river at low water mark, at “One;” thence down the east bank at low water mark north thirty-six east one hundred and ninety-four and seventy-two one-hundredth poles to “Two,” a point opposite a three-pronged elm tree on the bank; thence south fifty-eight and three-fourths east forty and four one hundredths poles to “Three,” the south-west corner of J. A. Murray, on the east side of the Lewis Ferry turnpike; thence south seventy-three and three-fourths east one hundred and forty-seven and 15 « 210 APPENDIX. two one hundredths poles to “Four,” a stake on the hill near the Owenton turnpike road; thence south fifty-seven and three-fourths east thirty-two poles to the Owenton pike; same course one hundred and seven and sixty-six one hundredths poles to the Midland Rail- road; same course continued in all one hundred and thirty poles to “Five,” the coal-house of the Colored Normal School; thence south seven west ninety-three .and five one hundredths poles to “Six,” John L. Scott’s -corner on the south side of the Frankfort and Versailles turnpike road; thence south thirty-one west one hundred and fifty-nine poles to “Seven,” the south-east ■corner of the cemetery; thence with south side of the cemetery south sixty and a half west forty poles to “Eight;” south sixty-nino and a half west thirty-two and a half poles to the river; same course across the river sixty-one and forty-five one hundredths poles to '“Nine;” thence up the river on the west side, at low water mark, south thirty-five and a half west eighty- one and five one hundredths poles to “Ten,” south twenty-seven and a half west sixty and four one hun- dredths poles to “Eleven,” a point at low water mark, and one hundred and forty-six feet below the pump- house of the water-works; thence up the hill north seventy-seven and three-fourths w^est seventy-five poles to “Twelve,” the elbow of the old Louisville road, the extension of Shelby street. South Frankfort; thence up the said Louisville road south seventy-four and three- fourths west thirty-six poles to “Thirteen;” thence north seventeen west, reaching the Louisville and Frankfort turnpike at eighteen poles, continuing down fhe road wfith the same course seventy and four one hundredths poles to “Fourteen;” still down the pike and with its meanders north thirty and a half west six- teen poles to “Fifteen;” north sixty-nine and a fourth APPENDIX. 211 west fourteen and a half poles to ^‘Sixteen;” north five west eleven and four one hundredths poles to “Seven- teen;’’ north twenty-two and a half west forty-five and a half poles to “Eighteen,” the culvert at the west end of Cross street, South Frankfort; thence north eighteen west forty-two poles to “Nineteen,” at the dirt road up the hill, known as the Major road; thence down the same north thirty-four and a fourth west twenty-four poles to “Twenty;” north twenty-two and a half west twenty-eight and a half poles to “Twenty-one,” the in- tersection of this road with the Frankfort boulevard; thence down. said boulevard north twent}^ three west thirty-six poles to “Twenty-two,” the north end of the iron bridge over the Devil’s Hollow branch; north two’ east twenty-four poles to “Twenty-three;” north eleven’ east twenty-six poles to “Twenty-four;” north twenty- three and a half east sixteen and five one hundredths- poles to “Twenty-five;” north thirty-nine and a half east forty poles to the railroad, same course continued sixty-two poles to “A,” the beginning: Provided, however, That any land brought within the limits of said- city by said extended boundary, which are used strictly for ag- ricultural purposes, shall not be taxed for municipal purposes until the same shall be improved, built upon or used for city purposes. § 2. All acts or parts of acts in conflict herewith are- hereby repealed. § 3. This act to take effect and be in force from and after its passage. Approved April 22, 1890- 212 APPEMlIX. St. Clnir Street Uriel fre. AN ACT concerning the St. Clair street bridge, in Frankfort, Ky. Whereas, the present bridge structure across the Kentucky river, from tlie south end of St. Clair street to the north end of Bridge street, and known as the St. Clair street bridge, together with all the franchises, privileges and immunities thereof, is owned jointly b}^ the Board of Councilmeii of the city of Frankfort and Franklin county; Board of Councilmeii of city of Frankfort owning two-thirds and the county of Frank- lin one-third thereof ; and whereas, by virtue of a written agreement between the Board of Councilmen of the cih" of Frankfort and the county of Franklin, each is bound for all the costs and expenses in caring for, insuring, maintaining, repairing and conducting same, including the pillars, abutments and approaches, in proportion as one-tbird is to two-tbirds; and each in like manner is to contribute in that proportion towards all damages from accident or otherwise which may, in any way hereafter, be sustained, and each is to con- tribute in that proportion towards replacing the said bridge in the event the present structure shall, at an}^ time, be in part or in whole destro}md by fire or other- wise, or shall be abandoned with a view of erecting a different structure in the room and stead thereof. Now, therefore, that it may become necessary in the future to build a new bridge in the place and stead of the present St. Clair street bridge structure. Be it enacted hy the General Assembly of the Com- monwealth of Kentucky: § 1. That the Board of Councilmen of the city of Frankfort and the county of Franklin be, and they are hereby, authorized and empowered to jointly construct a new bridge across the Kentucky river, from the south APPENDIX. 213 -end of St. Clair street to the Nortli end of Bridge street in South Frankfort; Board of Councilinen of the city of Frankfort to pay two-thirds of the costs of con- structing said bridge and the county of Franklin one third, and same, when completed, to be paid for, held and owned by the county of Franklin and city of Frankfort in the j)roportion of one-third to two-thirds, just as the present bridge structure is held and owned, and be governed and controlled upon the same terms and conditions in every respect as the present bridge structure is governed; said bridge shall be of sufficient height above low water mark, and the piers of the same be so located, as not to unreasonably interfere with the free and unobstructed navigation of said river, and shall be so constructed as to furnish free and safe pas- sage for vehicles and foot passengers over same, and be provided with a double roadway for each, and, when completed, shall be subject to the same police authority and under the same general supervision and con- trol of the City Council, as to responsibility for con' dition and repairs to same, as applies to the streets of the city. § 2. In order to provide funds necessary to build said bridge the Board of Councilmen of the city of Frankfort is hereby authorized and empowered to issue its coupon bonds in any sum not exceeding fifty thousand dollars in the aggregate, and the county of F ranklin is hereby au- thorized and empowered to issue its coupon bonds in any sum not exceeding twenty-five thousand dollars; the bonds of the cit}^ of Frankfort and county of Franklin to run for a period not exceeding thirty years, but redeema- ble at the option of each, respectively, after ten years from date. Bonds of the city of Frankfort and interest on same to be payable at such place as may be fixed by Ordinance, bearing interest not exceeding six per cent. Fifty thousand dollars in bonds may be issued. 214 APPENDIX. per nniuim, payable semi-animally, and to be in de- nominations of not less than five bundred dollars nor more than one thousand dollars, and shall be issued by order of the Board of Councilnien at a regular meeting of said' Board and register of such issue made on its journal; and said bonds shall be signed by the Mayor and countersigned by the City Clerk and bear the seal of the city; and the coupons shall be signed by the Clerk alone, and may be disposed of by the Board of Councilmen upon such terms and in such manner as may be deemed best by tlie Board of Councilmen, but not below the par value thereof. And the bonds of Franklin county and interest on same to be payable at such place as may be fixed by the County Court, and bear interest not exceeding six per centum per annum, pa'yable semi-annually, and to be in denominations of not less than five hundred dollars nor more than one thousand dollars; said bonds shall be issued by order of the County Court, a majority of the Magistrates of the county being present and concurring therein, and shall be signed by the County Judge, and countersigned by the County Clerk, and shall bear the seal of the county; and the coupons shall be signed by the County Clerk alone; and said bonds may be disposed of by order of the County Court upon such terms and in such man- ner as a majority of the Court may deem best, and not to be sold below the par value thereof; and when said bonds, or any of them, shall be issued, it shall be the duty of the said Board of Councilmen and County Court to levy the necessary taxes to raise the necessary moneys to pay the nccruing interest, and when the same shall fall due, the principal of said bonds; the Board of Councilmen to make provision for the payment of the interest and principal of the city bonds; and the APl’KNDIX. 215 County Court to make provision for the payment of the interest and principal of the' county bonds. § 3. All acts or parts of acts in conflict herewith are hereby repealed. § 4. This act to take effect and be in force from and after its passage. ' Approved April 22, 1890. Bonds to Covei' Bottery Biind^ AN ACT for the benefit of the city of Frankfort. Be it enacted hy the General Assembly of the Common- wealth of Kentucky: § 1. That the Board of Couucilnien of the city of Frankfort be, and it is hereby, authorized and empow- ered to issue its coupon bonds in tlie sura of ten thou- sand dollars, bearing six per cent, per ammm interest, payable semi-annually, be especially registered as issued, and said bonds, when issued, shall be delivered to and received by the Sinking Fund Commissioners of the city of Frankfort in payment of that amount (ten thousand dollars) due from said city for the funds collected by it from the lottery franchise ; and said bonds, when so issueii, to be delivered to the Board or Sinking Fund Commissioners of said city for safe keeping, and be held b}^ them as an investment for the benefit of the Frankfort Public School; said bonds to run for a period not exceeding thirty years, but re- deemable at the option of the city; but the interest thereon shall be promptly paid for the use and benefit of said school; bonds to be payable at such place as may be fixed by Ordinance, and shall be issued by order of the Board of Councilmen, at a regular meeting of said Board, in denominations of not less than five hundred dollars, nor more than one thousand dol- May issue ten thousand dol- lars in bonds and place with Sinking Fund Commiss loners in payment of amount due school lottery fund. 216 APPENDIX. lars, bo signed by the Mayor, and countersigned by the City Clerk, a*nd bear the seal of the city, and the coupons shall be signed by the Clerk alone; and when said bonds are issued it shall be the duty of said Board of Councilraen to levy the necessary taxes and to raise the necessary moneys to pay the accruing interest, and, when the same shall fall due, the princi- pal of said bonds. § 2. This act to take effect and be in force from and after its passage. Approved May 22, 1890, INDEX TO CITY CHARTER OF 1869. AUCTIONEERS— page. Power of Board to tax 134 BONDS— Board may fund debt and issue bonds 136 Or execute notes of city 137 Provide for payment by tax 137 Action on officers’ bonds 138 BURYING GROUND— Board may purchase 131 CHAIN GANG— Board may organize 132 CITY ATTORNEY— When elected (act of April 27, 1880) 148 His duties and compensation 148 CLERK— Oath and bond of 140 His duties 140-141 To pay State tax to Auditor, &c 135 To keep journal of proceedings 141 To preserve poll-book ... 141 To record orders of Board and assessment of property 141 His bond to be kept by Treasurer 141 CHIMNEY FLUES— Power of Board to regulate 128 COFFEE-HOUSES— Power of Board to tax 134 CORPORATE NAME— Name of corporation 124 Use seal, &c 124 CORPORATE LIMITS— Amended by act April 22, 1890 124 COSTS— When city liable for 148 2I8 INDEX TO CITY CHARTER OF 1 869. COUNCILMEN— page. Number and qualifications of (amended, page 201) 124 Style of incorporation ... ; 124. When elected (amended, page 201) 125 Qualification of voters (amended, page 201) 125 Oath 125 Term of office (amended, page 201) 125 May fill vacancy 125 Mayor, how chosen and duties (amended by act April 30, 1888, page 198). 125 Election of Councilmen, how (amended by act April 30, 1888, page 201) . 125 Vacancy in Board, how filled 126 Time of meeting 126 Penalty for failure to attend 126 Board may hold real estate 126 May lease, sell and convey real estate 126 Sale of, how made 126 Title to streets, &c.,.in board 127 Can sue for trespass and injury to ... 127 Jury shall not be limited 128 May clear streets and alleys of obstructions 128 To sink cisterns, &c . . 128 To protect public ground 128 To abate nuisances 128 To regulate storage of combustibles, ,000 96 Require payment of State tax, &c 46 CLOCK-KEEPER— Duties of, &c 11 Compensation of 11 COLORED SCHOOLS - Ordinance concerning 89 Bonds to be issued therefor • 90 Form of bond . 91 Form of coupon 92 Bonds may be registered 93 Bonds exempt from city taxes ’. 93 Tax paid by colored citizens for benefit of colored schools 35 COMMITTEE MEETINGS- When held 121 CONCEALED WEAPONS — See Crimes and Punishments. CONTAGIOUS DISEASES— See Health. CONSTRUCTION OF ORDINANCES— See page 19. 230 INi:)EX TO ORDINANCES. COUNCIL MEETINGS page. Time of regular meeting 1(5 President to preside • . . IfJ President pro iem,^ when . . 17 Called meetings 17 City Treasurer and Attorney to attend all regular meetings 17 Fine of Councilmen, &c., for absence 17 Rules governing proceedings 17 COSTS— To be paid when satisfied by labor in work-house 84 CRIMES AND PUNISHMENTS— Obstruction of streets, &c 18 Steps and cellar doors on sidewalks 18 Window, jut. sign post, &c 18 Wood or coal on street 18 Open cellar-door or other obstruction at night 18 Horse or other animal on sidewalk 19 Trash, cinders, filth, offensive matter, &c., on streets 19' Brick, stone or lumber on streets, except as to builder Ht Building materials to be removed when . ^ 20 Building in, on, across or over a street 20 Wheelbarrow on sidewalk 20 Bah, bandy or fire crackers . '. . 20 Taking sand, gravel, earth or s«'d from street 20 Injury to improvements on streets, &c 21 Obstructing streets with vehicles or by shoeing horses 21 Failing to repair and clean streets and sidewalks 22 PuBEic Peopeeiy- Injury to public property 21 Injury to gas or watei -works, &c 21 Nuisances — W hat constitutes 21 Riots and Othee Impeopee Conduct- -Riot, rout, fight or breach of peace, 22 Loud cries, sangs, &c 22 Indecent exposure of person, &c 22 Standing stud or jack without license 22 Shooting 22 Carrying concealed deadly weapons 22 Selling concealed deadly weapons 23 Drunk and disorderly persons 28 Cock fighting 24 Gaming — S etting up faro bank, &c 24 Permitting gaming on premises 24 Penalty for allowing gaming 24 Gaming on premises without permission 24 INDEX TO ORDINANCES. 23 I CRIMES AND PUNISHMENTS— Coiitinued. pagk. iMiKCKLLANEOUS' -Persons not to congregate at railroad depot 25 Persons without business not to get on cars 25 Bathing within city limits 25 Ringing bell in street , 25 f’urnishing gunpowder to minors 25 Minors may be prosecuted 26 False alarm of lire 26 Obstructing firemen or injuring fire apparatus 26 Injuring w'ater pipes, Arc., and corrupting water 26 Speed of railroad cars in city limits 26 Obstruction of crossings by cars 26 Oareless or negligent drivers or driving 26 Vehicles, obstruction of street by 27 Disturbing religious worship, &c 27 Hucksters or marketers 27 Liquor selling without license 27 Violating Mayor’s proclamation as to liquor selling 28 Vagrants and street walkers 28 Torpedoes or other self explosives 28 Fine going from small pox houses into public or private places. 43 For selling oil without inspection, &c .... . 45 For pursuing any calling without license 51 Penalty for resisting Marshal 53 Failing to assist Marshal 53 For failing to assist police ‘62 For hindering, &c 62 For injury to public property 63 For posting bills on public property 63 For hindering use of public pump 63 For constructing sewers without consent 67 For injury to shade trees. ... 07 For unloading dirt in the street 74 Excavations in streets 75 Violation of tavern-keeper’s bond 78 Permitting prisoner to leave work-house 83 Escape from, how punished 83 Misbehavior of prisoners 33 Fine for selling, giving or throwing torpedoes 85 Owners of scales 80 Hauling over five tons on bridge 94 Observance of Sunday 75 JDOGS To be muzzled, when 3 To be killed, when 3 INDEX TO ORDINANCES, -232 DOGS- -Continued. page. Harboring vicious dogs 2 Keeping barking dogs 2 DRUNKENNESS — See Crimes and Punishments. EDUCATION - Fine for opening private colored school 35^ Qualification of teachers 3.5 Board of Examiners 35 Revenue, &c., of colored persons set apart for 35 ELECTIONS- City divided into three wards Place of holding elections SS Election of officers by Council 3& ENROLLMENT OF ORDINANCES— Enrollment of 120 FINES- For injuring public pump or well 29 For injuring street lamp or turning out light therein 29 False weights, penalties for 29 Regrading and engrossing market stuff 23 Tainted meats, selling of 29 Expl(‘sives, firing off 30 Shooting at another without wounding 30 Privies and vaults, construction of 30 Water from public cistern, taking of 31 Gunpowder, &c., keeping in business house 31 Stock running at large ' 31 Base ball playing on Sunday 31 Begging on streets 32 Parent, kinsman or guardian of same 32 Cigarettes, punishment for selling 32 Swine running at large. 33 Owners may reclaim same, when 33 Must be valued before sale 34 Marshal shall keep record of swine impounded 34 Air guns and gum slings 34 Remission of fines, how 3,^ Schools, opening of private colored 35 For violating ordinance as to lieurths, flues, &c 37 Penalty for erecting without crmsent 38 Remission of, to t.o reported to Judge 84 FIRE D E PA RT M E N T~ Pay*roll as to 33 Chief to }) re pa re pay-roll 33 Fireman, lu)w chosen 201 Chief, how chosen 202 Duties of Chief 202 INDEX TO ORDINANCES. 233 FRANKFORT WATER CO.-- page. Ordinance relating thereto 97-112 FUNDING BONDS — To complete water-works 94 GAS-WORKS— Sale of 113 HEALTH AND HEALTH OFFICER— Officer, qualifications of Duties of Violation of orders of officer Cellars, lots and privies Failure to comply with ordinance Penalty for Health Officer — right to enter premises ... Penalty for resisting officer Health Officer to report Vaccinate poor Treat paupers Salary of Health Officer Contagious diseases and penalty Small-pox Marshal, &c., to placard smaU-pox houses Penalty for patients and others going from houses where there is small- pox HEARTHS, &C. - Manner of construction ... Stoves and pipes Penalty for violating ordinance HOG ORDINANCE— See page 33. HOUSES, NUMBERING— All to be numbered • • Consent of Council before erection of wooden Declared nuisance if erected without consent Penalty for failure to comply INSPECTOR OF OILS— Council shall appoint annually How to test oils Penalty for selling oil without inspection INSURANCE AGENTS— See Licenses KY. M. AND L. & N. RAILROADS— Track, where to be placed Track, how to be placed Cars to be drawn by horses or mules 18 39 40 40 41 41 41 41 41 42 42 42 42 42 42 43 43 37 37 37 86 37 38 38 44 45 45 47 87 87 88 234 INDEX TO ORDINANCES. KY. M. AND L. & N, RAILROADS — Continued. page. No steam engine allowed 88 Penalty for use of engine 88 Penalty for failing to keep alley in repair 8W Fines recoverable in Police Court 89 LICENSES - Time of expiration 4,5 Clerk shall keep list 45 Clerk shall furnish Marshal, &c., a monthly list of all licenses . . . . 46 Marshal and policemen to inspect city weekly 46 No rebate granted, but may be transferred 46 State taxes to be paid Clerk before issyal of license 46 All licenses to be issued by Clerk 46 Ten-pin and bowling-alley 4S Circus and menagerie 46 Porters . . ' • ' 47 Insurance agents 47 Board of underwriters 47 Livery stables 48 Livery stables, classified . 48 Transfer wagons, classified . ■ . . 48 ^Yholesale and retail merchants 49 Wholesale and retail merchants, classified 49 Tavern and coffee-house, how granted . 49 Persons of bad character not to have licenses 49 Tavern-keepers must execute bond 60 Coffee-house keepers to give bond 60 Beer license *. 50 Lecture, concert, &c 50 Billiard tables, Jenny Lind, Ac 51 Shooting gallery ' 51 Pursuance of any calling, &c., for which license is required, without li- cense, penalty for 51 Itinerant shows and peddlers, license regulated by License Committee. . 51 Sale of stock, &c,, at auction, fr^ from license 51 Selling by sample 61 License Committee to fix schedule of licenses 61 License Committee to give notice of expiration of licenses 52 Merchants’ retail liquor license 52 City Attorney to report those without license 7 LECTURES AND CONCERTS-- See Licenses 60 LIVERY STABLES— See Licenses 48 INDEX TO ORDINANCES. 235 LIVE STOCK — See Licenses. page. Sale of by auction 51 LOTTERY FUND BONDS— Bonds for $o0,C0() to be issued 123 LOTTERY GRANT— Interest on 85 Clerk’s duties in reference to 85 MARKET STUFF— See tines concerning selling, &c 23 MARSHAL— Oath and liabilities 52 Duties of • 52^ May summon possee 53 Penalty for failure to assist Marshal 58 Penalty for resisting Marshal 53 Have streets cleaned 53 Abate nuisances 53 Collect taxes 53 Other duties 53 iMay appoint deputies 54 Fees of 54 To pay all collections into Treasury monthly 54 To make monthly reports of collections. 54 Report erroneous assessments. . . 54 Per cept. allowed on taxes collected 54 Personal property to be first sold for taxes 55 Collector of taxes 55 To make monthly settlements 55 Fees of Collector 55 To serve notices 55 Attend meetings of Council 55 Fees in case of levy for taxes , . 65 To report tax sales 65 Duty of, as to tax-book. , 66 To notify owner of proud bitch, &c 3 MAYOR— Have general charge of officers, &c 55 May suspend officer and require reports, &c 56 May call special meetings of Board 56 In case of suspended officer. Council to be convened 56 May relieve extreme cases of want 06 May employ extra police and close drinking-houses, when 56 To submit estimates of expenses 56 Shall keep accounts of assets and liabilities 56 236 INDKX TO OKOIXANCKS. MAYOR — Continued. pagk. Shall report to (’ouncil quarterly 56 To kee[) the bonds of the city officers 57 Power to fill vacancies 57 May suspend Treasurer (see act of April 80, 1888) 80 MERCHANTS— See Licenses. (Classifications of 49 NUISANCE Buildings a nuisance erected without consent 38 What constitutes 21 See Health 39 OFFICE AND OFFICER— Officers who and when to be elected by Council 57 No officer to be interested in any contract 57 Officers to give bond in ten days 58 Vacancies, how filled 58 Duty of officer upon retiring or removal 58 Officer must take oath 58 Bond of • 58 Must report at regular meetings of Council 59 Must report property on hand, &c 59 Transfer of property. 60 Bond when a fixed penalty is required 60 Penalty for failing to make report 61 Compensation of 61 PAVEMENTS— To be kept in repair 69 PEDDLERS- See Auctioneers, &c 8 PAUPERS— Regular paupers 88 Meeting of Chairty Committee for relief 80 PHYSICIANS, SURGEONS, &C.- To keep record of births and deaths 44 Make monthly reports to Clerk 44 Clerk to furnish suitable blanks 44 Punishment for non-compliance . . . 44 POLICE JUDGE— To issue capias piv fine on judgments 84 Prosecution before 9 Police, &c., to report to Judge 10 Who to preside in Judge’s absence 9 Judge to report to Clerk monthly 10 M . M / INDKX TO ORDINANCES. 237 POLICE- - PAGE. Chief’s duties defined 30 Outh of police 01 Duties of 01-02 May arrest without warrant 02 May summon bystander 02 Penalty for failure to assist ' . 02 Penalty for hindering, &c 02 Selling of liquor, &c., incompatible 78 No witness fees allowed to 12 PORTER - As to license » 47 PUBLIC PROPERTY— P(»sting bills on, fine for 03 Pumps, hindering use of 03 For watering animals in ten feet of pump 03 Fine for brick masons, &c., using public pumj? 03 PUBLIC WORK— To be let to lowest bidder 03 PUMP— Ordinance protecting 03 Use of 03 RAILROAD— Fine for running faster than five miles per hour 20 Persons not to congregate at depot 25 RELIGIOUS M'ORSHIP - 1 isturbing of, penalty for 27 REMISSION OF FINES— See page 35. REVENUE AND TAXATION— Delinquent list, when pr/'sented 03 Oath of Marshal to list 64 Council to allow list 64 May refer list to Finance Committee, ^h tUu/d^^ ■ A ) ■I i j'' u t / ' ^ r /> ij ' (y. .(f : tky^./:/c (?<> ^ X ^ A ^ /7 I ■» ^ i ^ ^ J^ ^ i _ t/ I ^ ) yj^t ^ / [(j c / .f ..F / V / _ r / / / / t ' I. C ^ ^ •/ . / /:.// A / ./ / t-v ^'/A-^-- \ 1 [7/ '7 C^' iC AA.- Jt j... I Ja-p'-A ' 7. (- ' j.', v^v^ vv / ) ■>_ ,.-' I- , y j / '/ ‘'f C y. -Z f Ct-ii // 9 \ i ‘'i L.y / ' / / A r,^ IjX. i---- 1 1 " / . I „ — ' ^ y . ^ I 7 Kyvi. '> - (ijU-4^ Q^-^rJU^^'O t ■ y , / . I <0^^/ . ^/sT2? ^ Cca y ^., ■'( Kymr? W (Ty^ L -n -^ r ^J‘ T'^ fhcy-'TAi.^y ,_-; — ,i, o.^v <5 ' ~~ — - — f' i^' y A S 7 cry- ^ axCyA^''’ ^ - , %iyr 1) '' T/yU- r y \ ; XiT 3 'Coi/u.)"/^<'‘ Vi -''■ I ■L yt'V^ /"A t-i ' ViTiV^ ^ :'! // • * .{ ^ ' V i.,A -l-v^' J -f . V , u- \ \ / ^ \ I ■ i - / V l/c ^ X-— - _ A \ S- . . !V-!> U a \ / r ; II