| Condemnation | 61 |
Section 1. Condemnation of (and) or damage to private property, real or personal, or any easement or use therein or restriction of the use thereof for public use, shall be effected as herein provided and as may be further provided by ordinance not inconsistence with this charter. Upon the Board of aldermen providing by ordinance recommended by the board of public service, (1) for the appropriation of any private property or any easement, use, right, or interest therein, or (2) damage by reason of establishing or changing the established grade of any public street or alley or restriction of the use thereof, for any public use, or (3) for any public improvement or work which will damage private property, the city counselor, in the name of the City, shall apply promptly and in no event later than six months after such ordinance is effective to the circuit court of the eighth judicial circuit, or to any judge thereof in vacation by petition setting forth the general nature of the public use for which the property is to be appropriated, damaged or restricted, a description of the property and the state or interest therein each instance which the city seeks to appropriate, damage or impose, and praying the appointment of three disinterested commissioners to assess damages and benefits as hereinafter provided, to which petition the owners shall be made defendants by name, if known, and if unknown, by describing their claims and interest in such property and how derived by them. If the action affects the property of persons under guardianship, the guardians shall be made defendants; if the property of married persons, their consorts shall be made defendants; if an estate or interest less than a fee, the persons having the next vested estate in remainder or revision shall be made defendants or their interests will not be bound; but only persons in actual possession of and claiming title or who have record title appearing upon the proper records of the city to property affected, need be made defendants. Notice of the filing of the petition, describing the property to be taken, damaged, or restricted, shall be filed and recorded in the office of the recorder of deeds, otherwise purchasers of such property shall not be bound by the proceedings under the petition, provided that whenever the board of public service of said city shall by order designate the established grade of any street, boulevard, parkway, alley or other highway proposed in said ordinance to be opened, established or widened, damages and benefits, because of the establishment of such grade, may be ascertained and determined together with and in the same proceeding as the damages and benefits, with respect to said opening, establishment or widening; in which case said established grade shall be set forth in the petition or in an amended amended petition. Where the improvement is a major highway or traffic artery, and is so designated in the ordinance, said ordinance may provide that in case the total damages, as finally determined by the court, to be awarded for property damaged or taken, shall exceed a sum stated in such ordinance then said ordinance shall be resubmitted to the board of aldermen. Pending action by them, final judgment in the cause shall not be entered for at least four months after such final determination of damages.
Section 1A. Whenever an ordinance providing for the appropriation, taking, damaging, or restricting the use of private property is pending before the board of aldermen, the board of public service shall upon request of the board of aldermen cause to be prepared an estimate of the total damages to be occasioned by said public work or improvement, an outline of the suggested benefit or taxing district, and an estimate of the probable maximum aggregate of benefits to be assessed therein, together with a general explanation of the manner in which such aggregate of benefits was determined.
Section 2. Upon the filing of the petition, summons shall be issued, giving the defendants at least ten days’ notice of the hearing on the petition; and the city marshal shall serve such summons and make return as required by law for service and return of writs of summons. If the name or residence of any owner be unknown, or if any owner does not reside in the state, or cannot be found within the state, a notice giving the general nature of the petition, with a description of the property of such unknown or nonresident owners, or owners who cannot be found within the state, and the day fixed for the hearing, shall be published once each week for four consecutive weeks, the last publication to be at least ten days before the hearing in a newspaper qualified by law to publish such notices and advertisements.
Sec 3. The judges of the circuit court of the City of St. Louis, in general term, shall appoint a permanent commission composed of three commissioners and three alternates, who shall be freeholders, resident in the city for five years next before the date of their appointment, for the assessment of damages and benefits in all condemnation proceedings.
One such commissioner and one alternate shall be a person familiar, by practice and experience, with the value of real estate, one shall be familiar with the cost and practice of building construction, and one shall have had all shall have had general business experience in the city, all shall have had at least five years of such practice and experience in the City of St. Louis; and said permanent commission shall familiarize themselves with the property involved in every condemnation proceeding pending in the circuit court. They shall confer among themselves regarding the damages and benefits respectively involved in every such condemnation proceeding, to the end that the greatest possible uniformity in the awarding of such damages and the assessment of such benefits may be achieved, as between parcels of property affected throughout the city. Commissioners shall each receive a salary of five thousand dollars per year, to be paid by the City of St. Louis as salaries of officials and employees of the city are paid and shall devote all their time to the duties of their office. The term of one of the first commissioners appointed under this provision, upon the adoption of this amendment, shall expire in one year, the term of one commissioner in two years, and term of one commissioner in three years, and thereafter each commissioner shall be appointed for a term of three years. The terms of the three alternates shall coincide with the terms of commissioners, and such alternates shall draw no salary or compensation except during the time in which they may be actively engaged in work as hereinafter provided, during which time each shall draw the same compensation as a commissioner. The court, in general term, shall make such rules and regulations said court may from time to time alter, amend, modify or rescind. The commissioners shall keep such records as they may deem advisable, and shall hold their hearings publicly in some suitable place or places designated by the court. It shall be the duty of the proper authorities to prepare and furnish said place or places, and to provide for the proper lighting, heating, and care of same, and to furnish such facilities for the proper preservation of their files and records, and do such other things as shall be proper to enable said commissioners to properly discharge their duties.
When notice has been given as herein provided, the court or judge thereof in vacation, in each instance, shall direct said condemnation commission to act as commissioners in assessing damages which the owners may severally sustain by the taking or damaging of their property, and to assess benefits as hereinafter provided; provided that the court or judge, in designating such commissioners, shall exclude from their consideration the assessment of all damages for the trial of which a jury has been duly demanded. Such commissioners shall enter upon their duties without delay, and shall make report within the time fixed by the court, which time shall in no event exceed ninety days, unless the court is satisfied, upon written application of the commissioners, and a hearing thereof to be held by the court within five days after the filing of such application, that additional time be granted for good cause shown. Any commissioner or alternate may be so removed for cause, and a new commissioner or alternate appointed to fill out the remainder of the term of such commissioner or alternate so removed. In the event of death, disability, or illness of any commissioner, one of the alternates shall be designated to take the place of such commissioner, provided that the expiration of the term for which any commissioner shall have been appointed shall in no way affect the duty or actions of such commissioner who may be actively engaged in the determination of damages in any case to which said commissioner has been previously assigned, but shall continue until finally discharged by the court.
Whenever the board of aldermen may deem it necessary in the public interest to expedite public improvements, and shall pass an ordinance requesting the appointment of additional commissioners, to serve for a definite term not to exceed one year, the court, in general term, shall thereupon appoint three additional commissioners, who shall have the same qualifications, receive the same compensation and perform the same duties as commissioners herein before provided.
Any party entitled to and desiring trial by jury of its rights to compensation shall file in the cause, before the assignment of the commissioners in each case, written demand therefore, including therein a description of its property to be taken or damaged, and failure so to do shall be a wavier of the right of trial by jury. Upon such demand being filed, the court shall award a jury trial and proceed therewith as in trial of civil actions; but before final judgment shall be rendered on the verdict of the jury and before the commissioners shall make their report, the court shall certify the verdict of the jury to the commissioners, and they shall include in their report, with their separate findings, assessments and awards, the damages as assessed by the jury, reciting the fact. The claims for damages of all parties demanding jury trial in any action under this article shall be heard at the same time before one jury. The commissioners shall assess damages for property appropriated or damaged for the trial of which a jury is not demanded, as aforesaid.
Sec. 4. It shall be the duty of the commissioners, except as herein otherwise provided, in the commissioners, except as property for highways, streets, boulevards, parkways, alleys wharves, sewers, markets, public squares and parks, or widening or enlarging the same, or in the changing of grade of streets or other public ways or restricting the use of property or the making of other public work or improvements, to ascertain the value of property proposed to be taken and the actual damage done to private property or restriction of the use thereof, but no allowance shall be made for improvements begun on property after service of summons on or notice by publications to the owner thereof as herein provided; and the public work, improvement or use contemplated shall not be considered in determining the value of property taken. For the payment of all such damages the commissioners shall assess against all the lots or parcels of property or interest therein especially benefited by the proposed public work or improvement, separately, and in the name of the several owners thereof, the amount that each such lot or parcel of property or interest therein so assessed shall be especially benefited by the proposed public work or improvement, and against the city the balance of the damages over and above the aforesaid special benefits assessed; provided, that in the opening of an alley there shall be assessed against the lots or parcels in the block in which the alley benefits sufficient to pay all damages.
Sec. 5. The commissioners shall view the property to be taken, damaged, restricted or assessed; fix the benefit or taxing district; publish, for ten days before beginning their assessment, in said newspaper qualified b law to publish, such notices and advertisements the last insertion being at least five days before the time named in such notice; and publish once a week for two consecutive weeks in a newspaper of general circulation in the City of St. Louis, published for at least one year, and printed in the English language, a notice of the boundaries of the benefit or taxing district and of the time and place at which they will assess such damages and benefits, and shall cause to be posted by the city marshal, at least fifteen days prior to the time designated, a copy of said notice in at least six places exposed to public view within said district; they shall hear the evidence submitted by the parties interested; assess the damages as of the date said ordinance became effective, or as to any property added by an amendment to such ordinance as of the date upon which said amendment became effective; they shall have authority to examine under oath such witnesses as may appear; they shall make report, in which at least two commissioners shall concur; of such assessment in writing and under oath to the circuit court. Such report shall be filed within the limit of the time fixed by the court, and shall set forth in brief and concise paragraphic form all findings of fact, when so directed by the court upon application of any interested party. In such report the compensation allowed and the benefits assessed against each owner shall be separately stated. When the commissioners both assess benefits and allow damages against any one property owner they shall deduct the lesser from the greater.
Sec. 6. At any time after the commissioners file their report the City may pay into court the amount of damage assessed, less benefits if any, and thereupon it shall be entitled to take possession of or damage the property, assuming the lien of all general taxes not then payable on property actually appropriated.
Sec. 7. Within twenty days from the filing of the commissioners’ report, exceptions in writing thereto may be filed by any party interested, and upon such exceptions the court shall review the report and may order, on cause shown, a new assessment by said commission composed of the three alternate commissioners hereinabove created, or make such other orders thereon as justice may require. The court shall hear and dispose of such exceptions with all reasonable speed, and may itself assess benefits anew.
Sec. 8. The court upon approving the commissioners’ report shall render final judgment thereon reciting the report and adjudging that the city have and hold the property petitioned for, describing the same, for the purposes specified, upon payment of the damages less the benefits assessed in each instance; that so much of the report as is a judgment for benefits against specific property be a lien on such property for ten years from entry of the judgment, and prior to all other liens thereon; and that the city recover the respective benefits in excess of damages assessed in each instance against private property, with interest from date of judgment, or at the termination of such period of grace, not to exceed one year, as may be granted by the board of aldermen in the ordinance authorizing the public work or improvement, and have execution therefore. The clerk shall forthwith make and deliver a certified copy of such judgment to the comptroller who shall record the same in a book kept and conveniently indexed for that purpose. The comptroller may, forthwith, and if no appeal be taken from such final judgment, he shall, at the expiration of the time for such appeal, forward a copy of the judgment to the board of aldermen; and within sixty days after the receipt of such copy, unless an appeal is pending, and, in no event later than sixty days after disposition of all appeals, the board of aldermen shall make an appropriation for the payment out of the city treasury of the damages assessed in favor of each party entitled thereto less his benefits as determined by such final judgment, and the city treasurer, on warrant of the comptroller, shall cause payment to be made to the several parties entitled or into court for their use, as the case may require.
Should the board of aldermen fail to make such an appropriation the judgment for damages shall be collected by the owners concerned as other judgments against the city are collected and if any part of such assessment of benefits be not paid when due, special execution shall issue on request of the comptroller against the property charged with the lien and proceedings thereunder shall conform, as near as may be, to the proceedings under special executions on ordinary judgments foreclosing liens on lands.
Should any such final judgment be reversed on appeal and a new assessment be ordered, the city or any defendant shall have judgment for any excess due by reason of payment having been made by such party under a prior final judgment in the cause.
Section 9. The losing party shall pay the cost caused by litigation subsequent to the filing of the commissioners' report, and the city shall pay all other costs including the compensation of the commissioners.
Sec. 10. If the city dismisses any action for the appropriation, damaging or restriction of the use of any property for any reason other than defect in the proceedings, it shall not begin a like action within ten years after such dismissal, unless upon the petition of the owners of three-fifths (3/5) of the property proposed to be taken, damaged or restricted, measured by frontage upon the proposed improvement, or upon condition that the city shall pay all of the damages assessed therein.
Sec. 11. In establishing, opening and widening boulevards and converting streets into boulevards or parkways, compensation shall be allowed to owners of property abutting thereon for damages occasioned by any limitation that may be put upon the owner’s use of such property; and the City may regulate by ordinance the character of traffic and vehicles that shall be permitted on boulevards or parkways, prohibit the erection of any structure on property abutting on a boulevard or parkway outside a specified building line, and forbid the use of any property so abutting for all or any business purposes. An ordinance establishing a boulevard or parkway may be repealed, upon recommendation of the Board of Public Service, and thereupon the boulevard or parkway shall become a street, which, together with the property abutting thereon, shall be free from all restrictions imposed by the repealed ordinance. Damages and benefits resulting from such repeal after the boulevard or parkway has been opened shall be ascertained and paid as herein provided for establishing boulevards or parkways.
Sec. 12. When the City takes or damages private property for a public use other than those enumerated in Section 4 of this Article, all damages shall be ascertained as herein before provided and shall be paid by the City.
Sec. 13. The vacation of highways, streets, boulevards, parkways, and alleys shall be provided for by ordinance recommended by the Board of Public Service, and easements and rights therein shall be condemned and the special damage and benefits caused thereby shall be ascertained and assessed, in the manner, by the proceedings and according to the rules herein before prescribed as to other appropriating or damaging; provided, that benefits sufficient to pay all damages shall be assessed against the lots or parcels of land abutting the highway, street, boulevard, parkway or alley to be vacated.
Sec. 14. Nothing herein shall limit the power of the City, by ordinance, recommended by the Board of Public Service, to acquire property by private purchase, or to vacate any highway, street, boulevard, parkway, or alley without proceeding hereunder when the owners of all property specially damaged petition therefore and waive all damages.
Sec. 15. Ordinances for appropriating or damaging property for markets, public squares, public parks, and other like public uses and improvements may provide for payment of the special assessments made on lands specially benefited by such uses and improvements in one installment or in equal annual installments not to exceed seven in number, in which event the judgments shall so recite; such judgments shall bear interest payable annually at the rate of six per centum per annum on any unpaid part thereof from entry until paid but any part thereof not paid when due shall thereafter bear interest at the rate of eight per centum per annum; and for the purpose of anticipating the collection of such judgments the City may issue and sell local improvement bonds following the procedure, as far as the same is applicable, provided in Article XXIV for bonds issued in anticipation of the collection of special assessments to pay for local improvements; provided, that the City shall not be liable to pay bonds herein provided for, but the same shall be payable solely out of the collection of the particular judgments.
Sec. 16. Whenever it may lawfully be done, the Board of Aldermen, in the ordinance forbidding for the appropriation of private property or any easement or use therein for any highway, street, boulevard, parkway, park, wharf, bridge, viaduct, subway, tunnel or sewer, or providing for any public work or improvement which will damage or benefit private property, may provide for the appropriation in fee by the City of private property or any easement or use therein in excess of that actually required for such specific purpose, and in the same or a different ordinance may authorize the sale of such excess for value with or without restrictions.
Such excess shall be condemned and compensation therefore ascertained and rendered in the same proceeding, and in the same manner as near as may be, as the property, easement or use actually needed as aforesaid; provided, that the value of such excess shall be paid for by the City.
Sec. 17. The board of aldermen, in the ordinance establishing the public work or improvement or by a subsequent ordinance recommended by the board of public service, may provide for payment of the special assessments levied against land especially benefited by such public work or improvement, in equal annual installments not to exceed ten in number, in which event the judgments shall so recite: provided that any such judgment may be paid in full at any time, except that, when bonds shall be issued as hereinafter provided, such payment may be made only within thirty days after the entry or judgment, or within any period of grace granted as provided in Section Eight. The deferred installments of said judgment shall bear interest at the rate of 6 per cent annum, commencing thirty days after the date of entry thereof, unless otherwise provided by ordinance in accordance with Section Eight until due, and if not paid when due, at the rate of 8 per cent annum thereafter.
For the purpose of anticipating the collection of such judgments, the city may issue and sell improvement bonds to an amount not excessing 85 per cent of the aggregate of such judgments, such aggregate not including any assessments paid in full as herein provided or not then finally determined judicially. The city shall not be liable for the payment of said bonds, but the same shall be payable solely out of the collection of the particular judgments. Said bonds may be made payable serially. The ordinance authorizing the particular issue shall prescribe the form and denomination thereof; the date of maturity or maturities thereof, not to exceed ten years in any instance; the rate of interest thereon and date and place of its payment; by what officers and in what manner they shall be executed and attested; and the place and method of payment, save only the fund out of which payment shall be made, together with other provisions and regulations concerning such bonds and not inconsistent herewith. The board of aldermen by ordinance, recommended by the board of public service, may appropriate out of the general revenue, sufficient money to pay or to provide a fund in advance to pay such part of any improvement bonds issued as the proceeds of special assessments securing the same may prove insufficient to pay as they become due, not exceeding 10 per cent of the amount of the bond issue, and provide for reimbursement, out of the proceeds of said special assessments after all such bonds and interest have been fully paid.
All such judgments shall be collected by the City and the proceeds thereof shall be preserved and applied solely to the payment of the interest and principal of said bonds as the same shall become due and shall be used for no other purpose until the whole of said interest and principal shall have been paid.
The Board of Aldermen may by ordinance provide for the issuance of a single bond issue to anticipate the collection of special benefit judgments rendered in two or more proceedings in the manner herein provided, such bond issue being secured by all of such special benefit judgments.
Sec. 18. The City may also sell, assign or transfer, for not less than 90 per cent of the face value thereof, the whole or any part of any unpaid judgments for such benefit assessments; and apply the proceeds to the payment of such damage awards.
Sec. 19. Whenever title to distinct portions of any lot or parcel of property assessed benefits in accordance herewith, shall vest in different owners, on application in writing of any one or more of such owners, the board of commissioners first having given notice by mail addressed to the owners in fee, if known, of the other portions of said property, at their last known, shall determine the amount of said assessment chargeable to such distinct portion in accordance with the original assessment; and the parties charged with the collection thereof shall accept payment of said amount with interest due thereon. The lien of the judgment shall then terminate as to such portion, proper entries thereof being made on the records of the court.
Sec. 20. That no amendment adopted April Fourth, Nineteen Hundred
Thirty-three, to Article XXI of this charter shall apply to any
proceeding instituted prior to that date except as follows: (1)
any such proceeding in which commissioners to assess benefits
and damages have not been appointed prior to said April Fourth,
Nineteen Hundred Thirty-three shall be referred to the permanent
commission and further proceedings had in accordance with the
provisions of this article as amended; (2) the provisions of section
17 and 18 shall apply to any proceedings at present pending in
the circuit court.
| Public Work | 71 |
Section 1. No ordinance for public work or improvements of any kind, or repairs thereof, shall be adopted, unless prepared and recommended by the Board of Public Service with an estimate of the cost endorsed thereon.
Sec. 2. Such ordinances shall authorize the particular work or improvement; specify the general character and extent thereof; the material to be used therein and in the alternative if desirable; the manner and regulations under which it shall be executed; the term for which it shall be guaranteed, if at all; the fund or source from which payment shall be made; that it shall be done in accordance with detailed plans and specifications finally adopted and approved by the Board of Public Service before bids are advertised therefore; and shall contain a specific appropriation of an amount sufficient to pay the city's part of the estimated cost; provided that emergency work and repairs requiring prompt attention may be done under supervision of the Board of Public Service as provided by general ordinance. Ordinances may provide for a greater work or improvement than can be paid for at the time out of an available fund in the City Treasury, in which event they shall provide that the work be let and done in parts as appropriations are made therefore. Provided further that where any part of the cost of a particular work or improvement is to be paid out of funds to be derived from the sale of bonds previously authorized at an election held for that purpose and the sale of which has been directed or authorized by ordinance, it shall not be necessary that any of such bonds shall first be sold nor that an appropriation out of funds derived from their sale should first be made, but any contract for such work or improvement which shall be authorized by ordinance and entered into as otherwise required in this Charter shall be valid where the ordinance authorizing such contract shall have made an appropriation therefore out of such bonds or out of the proceeds of the sale thereof already made or thereafter to be made; and such contract shall recite that it is subject to the Charter and that payment thereon out of such bonds or funds to be derived from the sale thereof shall be limited to the amount specified in the ordinance authorizing the contract.
Sec. 3. Before the Board of Public Service shall recommend any ordinance for any public work or improvement, including the construction or other improvement of any public highway, street, boulevard, parkway, alley, sidewalk or sewer, or any part thereof, to be paid for, in whole or in part, by special assessment, it shall lay out, or shall have laid out, a proposed benefit or taxing district, and as to a sewer, it shall lay out, or shall have laid out, a proposed sewer district or joint sewer district, and shall include therein all property against which it is proposed to assess benefits for the payment, in whole or in part, of the cost and expense of such work or improvement; and the Board of Public Service shall thereafter designate a day upon which it will consider the proposed district and the boundaries thereof and the projected work or improvement at a public hearing, and shall give two weeks notice in the paper or papers doing the City publishing, of the time and place of such hearing, which notice shall set forth that a proposed district to pay the cost of the work or improvement has been laid out by said Board, and that the boundaries thereof may be ascertained at the time and place specified for such hearing. Such notice shall indicate, in a general way, the location of such district by reference to adjoining streets, and shall designate the matters to be considered and the estimated cost of the work or improvement, which estimate may cover several classes of materials. At such hearing all persons interested may appear and be heard with regard to what property shall be included in said district, and as to all matters connected with the work proposed. Within three days after such hearing is concluded, the Board shall file in its office its decision, stating its determination as to the exact boundaries of the district, the work or improvement determined upon, if any, and the class or classes of material to be used. If within eighteen days after such decision the owners of the greater area of the land in such district as determined shall file in the Office of the Board of Public Service their written remonstrance against the district as determined, or the proposed work or improvement, the Board, at its next meeting, shall reconsider and either reverse its action or transmit to the Board of Aldermen, together with such remonstrance, an ordinance establishing the benefit or taxing district or sewer district or joint sewer district as determined, and authorizing the proposed work to be done or improvement to be made. Nothing herein contained shall be construed as invalidating ordinances for public work ordained prior to the enactment of this amendment, and contracts hereafter made in pursuance of such ordinances shall be valid, notwithstanding anything to the contrary herein contained.
Sec. 4. All public work, except emergency work or repairs requiring prompt attention, shall be let by the Board of Public Service in pursuance of the ordinance authorizing the same. It shall advertise for bids in the paper or papers doing the city publishing three times, the last publication to be at least ten days before the day appointed for opening the bids (unless a different time and medium of advertising are prescribed in the ordinance), stating the general nature of the work and the time and place of receiving bids therefore. Bids submitted shall be sealed and accompanied by a cashier’s or treasurer’s check of a bank or trust company in the City, payable to the City Treasurer in the amount of the deposit required. Said Board shall let the work by contract to the lowest responsible bidder on the plans and specifications finally adopted, except as herein otherwise provided, first requiring a bond to be approved by it and the Comptroller. Said Board may reject any or all bids submitted and readvertise the work. Provided, that any ordinance for any public work or improvement to be paid for by special assessment or otherwise may authorize the Board of Public Service to do the same in a manner prescribed in such ordinance without letting a contract therefore.
Sec. 5. All contracts shall recite that they are subject to the Charter and that payments thereon of the City’s portion shall be limited to the amount of the particular appropriation.
Sec. 6. All contracts for the construction of sewers shall provide that owners of property, with approval of the Director of Streets and Sewers, may make a connection during construction with the sewer or any temporary drain made by the contractor, payment to be made to him for such connection equal to the extra cost caused to him thereby.
Sec. 7. The Board of Public Service shall investigate written complaints that any public work or improvement is not being done according to contract and if well founded the Board shall immediately require the contractor to comply with the contract and pay the cost of such investigation.
Sec. 8. The Board of Public Service may let contracts for the grading and for the improvement of any public highway, street, boulevard, parkway, alley or sidewalk or portions thereof, separately, in which event the City may either impose one special assessment to pay for the grading and another to pay for the improvement, or it may pay the cost of the grading and add the same to the cost of such improvement and include the cost of both the grading and improvement in one special assessment, the contractor reimbursing the City for the grading.
Sec. 9. If any property in a benefit or assessment district other than public highways, is not liable to any special assessment herein provided for, the City shall pay the part of the cost of the work or improvement which would otherwise have been assessed against such property.
Sec. 10. Ordinances for the improvement of public highways, streets, boulevards and parkways, which may include grading, regrading, preparing roadbed, placing foundation, building of superstructure, resurfacing repaving, construction and reconstruction of cub, gutters, roadway, paving and crosswalks and intersections shall provide for payment therefore by special assessment, as follows: One-fourth of the entire cost shall be levied and assessed against the lots or parcels of ground abutting on the work or improvement ratably by lineal feet so abutting and the remainder of the cost shall be levied and assessed ratably by area against all the lots or parcels of ground, exclusive of public highways, within the benefit or taxing district; provided, however, that such improvement ordinances may provide for the payment of a portion of the cost of such improvements by the city, and for the assessment of the remainder thereof against the property in such benefit district, in the manner specified. The improvement of thirty feet of any wharf farthest from the stream may be paid for in like manner or at the City's expense. Nothing herein contained shall be construed as invalidating ordinances for public work ordained prior to the enactment of this amendment, and contracts hereafter made in pursuance of such ordinances shall be valid, notwithstanding anything to the contrary herein contained.
Sec. 12. Ordinances for the grading and preparing for and placing the superstructure of sidewalks, or for the repaving or construction thereof necessary intersections, shall provide for payment therefore by special assessment, as follows: The entire cost shall be levied and assessed against the lots or parcels of ground abutting on the work or improvement, the amount to be assessed against each lot or parcel of ground to be the cost of the actual work done in front of, adjoining, or bordering on said lot or parcel of ground; provided, however, that such sidewalk ordinances may provide for the payment of a portion of such cost by the City and for the assessment: of the remainder thereof against the property abutting on said improvement, in the manner specified; and provided, further, that ordinances for grading, regrading or for the improvement or reconstruction of any public highway, street, boulevard, or parkway, may include, as a part thereof, the cost of grading and regrading of the sidewalk spaces thereon, in which case the cost of grading and regrading of the sidewalk spaces shall be a part of the cost of improving or reconstructing such public highway, street boulevard, or parkway, and shall be assessed in the manner provided in Section 10 of this article. Nothing herein contained shall be construed as invalidating ordinances for public work ordained prior to the enactment of this amendment, and contracts hereafter made in pursuance of such ordinances shall be valid, notwithstanding anything to the contrary herein contained.
Sec. 13. At least one fourth of the cost of reconstruction of any public highway, street, boulevard, parkway, sidewalk or alley done within ten years after the same has been fully paved shall be paid by the City.
Sec. 14. There shall be four classes of sewers, via: Public, District, Joint District and Private Sewers, as hereinafter defined, but otherwise without regard to the area drained, the size, character or purpose of the sewer.
Public sewers are those which have been or may be constructed or acquired and paid for wholly out of general revenue.
District sewers are those which have been or may be construed or acquired, under authority of ordinance, within the limits of an established sewer district, and paid for by special assessments upon the property in the district.
Joint-District sewers are those which have been or may be constructed or acquired under the authority of ordinances uniting one or more districts and unorganized territory, or uniting districts or unorganized territory, into a joint sewer district, for the purpose of providing main, outlet, or intercepting sewers, for the benefit of such joint sewer district, and paid for by special assessment upon the property in such joint sewer district.
Private sewers are those paid for by private parties constructing the same.
Sec. 15. All public, district and joint-district sewers shall be constructed along streets, alleys and other public ways whenever practicable; and no such sewer shall be built or acquired by the City except it be on a public way or right-of-way owned by the City. Such sewers may be connected with any other sewer of any class or with a natural course of drainage.
Sec. 16. All ordinances for constructing, reconstructing or acquiring district and joint-district sewers shall provide for payment thereof by special assessment as follows: the entire cost and expense shall be levied and assessed as a special tax ratably by area on all the lots or parcels of ground within the district or joint district, excluding public highways only.
Ordinances creating joint-sewer district may provide for the construction of the sewer or sewers therein in one or more sections and for the levy and assessment of the cost of any section upon the completion thereof as a special tax in the manner herein provided.
If any district or joint district sewer shall drain territory lying outside the City limits and not included in the district or joint-district, the City shall pay so much of the cost of such sewer as would have been assessed ratably against such territory, if it were included in the district or joint district.
Sec. 17. The City may by ordinance recommended by the Board of Public Service acquire any private sewer by gift, condemnation or purchase and provide for reimbursement by special assessment in the manner herein before provided to be levied against the property in the district or joint-district for which such private sewer is acquired; and an ordinance making a private sewer or any part thereof, a part of a proposed district or joint-district sewer may provide that the contractor shall pay for such private sewer at the price fixed in such ordinance and the cost thereof shall be included in the total cost of constructing such district or joint district sewer.
Sec. 18. When any public work or improvement, to be paid for in whole or in part by special assessment, is completed, the Board of Public Service shall cause the entire cost and expense thereof to be computed, and shall levy and assess such cost and expense or the part to be paid by special assessment, as a special tax, in accordance with the requirements of this article, and shall cause to be issued a special tax bill against each lot or parcel of ground liable in the manner provided by Article XXIII, or by ordinance not inconsistent therewith.
Sec. 19. Should it be necessary for any reason to reconstruct any district or joint-district sewer, the Board of Aldermen, by ordinance recommended by the Board of Public Service, may establish the same or a different district for such reconstruction. It may also alter any district or joint-district at any time before the construction of the sewers therein is completed.
Sec. 20. Private sewers shall be constructed, repaired and maintained and connected with other sewers at private expense under such restrictions and regulations as the Board of Public Service may prescribe, the City reserving the right to connect with, utilize and acquire such sewers.
Section 21. The Board of Public Service may grant permits for the improvement of public highways, streets, boulevards, parkways, alleys and sidewalks by property owners, and such improvements shall conform to the established or proposed grades and to specifications approved by the Board. Such permit shall specify that the grantee thereof shall not be entitled to any credit or rebate from tax bills which may be issued for further improvement of the public highway, street, boulevard, parkway, alley and sidewalk, when carried out under the provisions of this Charter, on account of any improvements that he may make in pursuance of such permit.
Sec. 22. Any part of the work or material put into the improvement of a public highway, street, boulevard, parkway, alley or sidewalk, which is usable and conforms to the City’s plans for the further improvement of the public highway, street, boulevard, parkway, alley or sidewalk may be used by the City in its further improvement thereof. If such work or material shall have been put into such improvement in pursuance of a permit, as provided in Section 21 hereof, the grantee of such permit, his assigns or successors in title shall not become entitled to any credit or rebate for the use of such work or material in the issuance of special tax bills for the cost of such further improvement.
Sec. 23. The ordinance for any public work or improvement may
require the Board of Public Service to levy the special assessment
therefore immediately upon such ordinance becoming effective, such
assessment to be based on the estimated cost and expenses of such
work or improvement; and should any assessment so levied be insufficient
to pay the entire cost and expenses of the work or improvement
required to be paid for by special assessment, the Board of Public
Service shall, on the completion of the work or improvement, levy
a supplemental special assessment to pay the deficiency, in the
same manner as nearly as may be as in the first special assessment;
and should the whole of the original special assessment not be
required to pay the cost and expenses of the work or improvement,
the excess shall be credited ratably on the special tax bills
or refunded to the parties who paid them.
| Special Tax Bills | 78 |
Section 1. For all special assessments for public work or improvements under this Charter and ordinances adopted in pursuance thereof, special tax bills shall be prepared and signed by a person designated by the Board of Public Service by resolution entered on its records; and shall be made payable to the parties entitled, either at the Collector’s office or at some bank or trust company in the City, at the option of the party so entitled. They shall be promptly registered and certified both in the office of said Board and of the Comptroller by persons designated by said Board and by the Comptroller respectively to make such registration and certificate and then delivered by the Comptroller to the parties entitled and their receipts taken therefore; and the City shall not be liable in any manner for any work or improvement to be paid for in special tax bills.
Sec. 2. Any special tax bills may be divided, if the ordinance authorizing the particular work or improvement so provides, into any number of equal annual installments, not to exceed ten, whereof the first shall be due upon service of the notice hereinafter provided for or upon a “not found” return by the Marshal as hereinafter mentioned, and the other installments successively on the corresponding day of each subsequent year, with interest payable annually on each installment at the rate of six per centum per annum from such notice or “not found” return until maturity or prior payment at the rate of eight per centum per annum after maturity.
All such special tax bills not payable in installments shall mature upon notice or “not found” return as aforesaid and draw interest at the rate of eight per centum per annum after maturity; provided, that the entire bill or any number of installments may be paid within thirty days after such notice or “not found” return without any interest.
Sec 3. The owner of any special tax bill shall serve a written notice of the issuance thereof on the parties named therein, or the City Marshal at such owners' request shall serve such notice and make return of such service in the manner provided as to writs of summons in civil causes; and he shall receive therefore the fees then allowed for serving such writs. Such Marshal's return shall be conclusive of the facts therein stated, and stated, and any person injured by a false return on any such notice shall have his right of action for damages resulting therefrom against the marshal on his official bond.
Sec. 4. All special tax bills shall be prima facie evidence of what they contain and of their own validity, and no mere informality or clerical mistake in any of the proceedings leading to the issuance of or in any special tax bill shall be a defense thereto; provided, that if the work was not done in a good and workmanlike manner according to the class of work mentioned in the contract the property charged with the payment of said bill shall be liable only for the value of such work done, and the recovery on the special tax bill shall be reduced accordingly.
Sec. 5. All special tax bills shall be a first lien on the property charged therewith from the day of issuance thereof; provided, there shall be no priority between special tax bills issued under this Charter, regardless of the date of such bills. The entire bill or any installment thereof, together with interest, may be collected by action in any court of competent jurisdiction; and such action may be brought by attachment when the owner of the land affected is a non-resident of the State or after a “not found” return is made by the City Marshal or any such notice, in either which event the suit shall be equivalent to notice and a demand of payment.
Sec. 6. If any installment of any special tax bill or any interest thereon be not paid when due, then all remaining installments, together with interest thereon as aforesaid, shall, at the option of the holder if exercised by suit thereon, immediately become due; and a judgment on such bill shall bear interest at the rate of eight per centum per annum.
Sec. 7. Special tax bills and the lien thereof may be assigned and the place of payment thereof changed to the office of the Collector or to any bank or trust company in the City. But any such assignment or change of place of payment to be valid must be in writing, countersigned by the Comptroller or by one of his deputies, acknowledged before an officer authorized to take acknowledgments, and registered in the office of the Comptroller.
Sec. 8. It shall be the duty of the Collector to receive payment of all special tax bills made payable at his office and thereupon deliver the same receipted; and he shall, upon warrants of the Comptroller, pay over all such collections to the parties entitled. The persons paying any such bill shall be entitled to have the same satisfied on the register in the Comptroller’s office, in whole or in part as the case may be, immediately on presentation to the Comptroller of either the receipted tax bill or a receipt from the Collector or the proper bank or trust company showing such payment thereof; and the lien of any bill shall cease and be of no effect against the land charged therewith at the end of two years after the maturity of the bill or the last installment thereof, unless proceedings at law shall then be pending to collect the same, and written notice of the institution thereof setting forth when and in what court such proceedings were brought shall have been filed in the office of the Comptroller within ten days after the institution of such suit.
Sec. 9. If any ordinance authorizing a public work or improvement, or fixing a benefit or taxing district, shall be irregular, defective or invalid by reason of any omission, error or irregularity therein or in the proceedings leading to its adoption, or if for any reason it shall be necessary to the validity of any special assessment, the Board of Aldermen many, on recommendation of the Board of Public Service, adopt an ordinance ratifying all things done under or in pursuance of the original ordinance, and supplying, correcting and curing all such omissions, errors, defects and irregularities, and making such special assessment valid.
Sec. 10. Where public work or improvement has been done under an ordinance providing that it should be paid for by special assessment and the whole or part of such special assessment has been adjudged invalid for any reason other than the failure of the contractor to perform his contract, the Board of Public Service shall levy a new assessment and evidence the same by tax bills in the same manner and with like effect as if validly done hereunder in the first instance.
Sec. 11. Special assessments or tax bills evidencing the same may be amended by the officer or officers authorized at the time to prepare special tax bills or by the courts in proceedings to enforce the same, to correct or supply descriptions, names and other errors, omissions and irregularities on the part of the City, and may be divided by said officer or officers at the request of any of the parties concerned according to divisions of the property made subsequent to the bills being prepared, and without affecting the interest on such amended or divided bill.
Sec. 12. The City by ordinance recommended by the Board of Public
Service may, from time to time, make further provision by ordinance,
not inconsistent with this Charter, for special assessments, the
issuance of special tax bills therefore, the collection thereof,
and all matters incidental thereto.
| Improvement Bonds and Funds | 81 |
Section 1. The Board of Aldermen, by ordinance recommended by the Board of Public Service, in anticipation of the collection of a special assessment for any public work or improvement, may provide for the issuance of improvement bonds to be delivered to the contractor in payment for so much of the work or improvement as is payable by such special assessment, or to be sold by the City and the proceeds paid to the contractor in full for such work and improvement; provided, the City shall not be liable either to pay such bonds or to pay for such part of the work or improvement, but the bonds shall be paid only out of the particular special assessment in anticipation of which they were issued, and no such issue shall be in excess of the cost and expenses or estimated cost and expenses of the work and improvement and the interest on the bonds, which may be treated as a part of such cost, and all proceeds of said bonds shall be applied in payment of the cost and expenses of such work and improvement.
If the special assessment in anticipation of which such bonds are issued shall be payable in equal annual installments the particular bonds shall be payable serially, each series maturing with approximate regard to the several maturities of such installments; and all such special assessments shall be collected promptly by the City at its expense and applied, whenever sufficient thereto after paying accrued interest on all such issue of bonds, to the redemption of one or more of such bonds in numerical order at maturity.
The form and denomination of such bonds; the date of maturity or maturities thereof not to exceed eleven years in any instance; the rate of interest thereon and date and place of its payment; the price at which they shall be sold, if to be sold; by what officers and in what manner they shall be executed and attested; and the place and method of payment, save only the fund out of which payment shall be made, together with other provisions and regulations concerning such bonds and not inconsistent herewith, shall be prescribed by the ordinance authorizing the particular issue.
Sec. 2. The Board of Aldermen, by ordinance recommended by the Board of Public Service, may appropriate out of the general revenue sufficient money to pay, or to provide a fund in advance to pay, such part of any improvement bond issue as the proceeds of special assessments securing same may prove insufficient to pay as they become due, not exceeding ten per centum of the amount of such bond issue, and provide for reimbursement, if possible, out of the proceeds of such special assessments after all such bonds and interest have been fully paid.
Sec. 3. The Board of Aldermen may, by ordinance recommended by the Board of Public Service, provide for the creation of a local improvement fund out of which the City shall pay in cash, to contractors or otherwise, the cost and expense of local improvements, and for the levy, assessment and collection of special assessments to cover costs and expenses, the proceeds of which assessments shall be paid into such fund or funds.
Sec. 4. For the purpose of anticipating the levy and collection of any special assessment for any public work or improvement, the Board of Aldermen may, by ordinance recommended by the Board of Public Service, appropriate a fund to pay for the work or improvement as it progresses, and reimburse the City either by the issue and sale of local improvement bonds as in this article provided, or by the collection of such special assessments.
Sec. 5. All special assessments contemplated by this article
shall be evidenced by special tax bills in accordance with the
provisions of Article XXIII, so far as applicable, such bills
to be made payable to the City, which shall be deemed the owner
thereof, at the office of the Collector, to whom the Comptroller
shall deliver the same and take his receipts therefore. The Marshal
shall serve the notice of the issuance of such bills and make
return of such service without receiving
any fees therefor.
| General and Miscellaneous | 83 |
Section 1. The Board of Aldermen may by ordinance adopted by vote of two-thirds of all the members on the recommendation of the Board of Estimate and Apportionment, discontinue any division established by this Charter, create new or additional divisions, and determine, combine and distribute the functions and duties of divisions, officers and employees.
Sec. 2. The raw material and finished products of manufacturers in the City, as well as all tools, machinery and appliances used by them and the stock in trade and appliances of merchants in the City, may be taxed as a separate class under the laws of the State and a lower rate may be levied by the City on such property so classified than on real estate and other property, and the City may by ordinance levy a tax upon the sales made by manufacturers and merchants in the City.
Sec. 3. The Board of Aldermen may provide by ordinance for assessing against the abutting property the cost of planting shade trees and of removing from sidewalks accumulations of snow, ice and earth and for assessing against property the cost of cutting and removing therefrom noxious weeds and rubbish.
Sec. 4. Unless otherwise provided in this Charter all bonds shall be approved as to their sufficiency by the Comptroller. The bond of the Comptroller as to its sufficiency shall be approved by the Mayor. All official bonds shall, among other things, be conditioned for the faithful performance of the duties of the office. For any breach of the condition of any bond, suit may be instituted thereon by the City, or by any person or persons in the name of the City, for the use of such person or persons.
Sec. 5. If at any time it appears to the Mayor or Comptroller that the surety or sureties on any official bond are insufficient, he shall require the officer or employee to give additional bond, and if such officer or employee fails to give such additional bond within ten days after he shall have been notified, his office shall be vacant.
Sec. 6. A contingent fund shall be provided by ordinance for the Mayor, to be used by him at his discretion, and at the end of his term he shall make a report in general terms to the Board of Aldermen of the disposition thereof.
Sec. 7. Any reference in this Charter to the Board of Election Commissioners shall be taken to include any Board or person having charge of elections in the City.
Sec. 8. The City in taking an appeal in any judicial proceeding shall give bond as required by law, but need not furnish security therefor.
Sec. 9. All contracts relating to City affairs shall be in writing signed and executed in the name of the City. In cases not otherwise provided by law or ordinance, they shall be made by the Comptroller, and in no case by the Board of Aldermen or any committee thereof. Contracts not made by the Comptroller shall be countersigned by him, and all contracts shall be filed and registered by number, date and contents with the Register.
Sec. 10. All books, records and papers in any department, office, or division shall be open to the Mayor, Comptroller or any committee of the Board of Aldermen.
Sec. 11. The Mayor may appoint any number of civil engineers as City Surveyors for a term of four years, whose duties and powers shall be as provided by law in regard to County Surveyors. Each City Surveyor shall when appointed give bond to the City for fifteen thousand dollars, conditioned for the faithful performance of his duties. Such bond may be sued upon by any person injured by the official acts of such surveyor.
Sec. 12. All publications not otherwise herein provided for shall be published in the paper or papers having the contract to do the City publishing at the time.
Sec. 13. Any board or officer authorized by this Charter to subpoena witnesses and order the production of books and papers shall have the services of the City Marshall to execute process, and provision shall be made by ordinance for punishing failure to obey any such subpoena or order.
Sec. 14. Except in case of emergency not to exceed eight hours shall constitute a day’s work for all mechanics and laborers employed by the City, and not less than the prevailing rate of wages shall be paid.
Sec. 15. Where the word “office” is used in this Charter to indicate a branch of the City government, it shall be construed to refer to any branch not in or under any department, and shall include the office of the Mayor, Register, Marshal, City Court Judges and Clerk of the City Courts.
Sec. 16. Unless the context indicates a different intent and except when referring to a person holding an office or employment under the City, the words “person” or “persons” in this Charter will be construed to include person, firm, corporation, company or association and the plurals thereof.
Sec. 17. The Board of Aldermen may by ordinance make any provision
necessary to carry into execution the laws of the State relating
to State, school, City and other revenue; and any power, duty
or trust under the laws of the State, vested in or imposed upon
any body or officer of any county or of this City by the laws
of the State may be exercised by such body or officer of the City
as may be provided by ordinance consistent with the provisions
of this Charter.
| Schedule | 85 |
Section 1. All ordinances or parts thereof in force when this Charter takes effect and not inconsistent therewith shall continue in force until amended or repealed; and all rights, actions, prosecutions and contracts of the City or for its benefit, all recognizances, bonds, obligations and instruments entered into or executed to the City, all fines, taxes, penalties and forfeitures due or owing to the City, and all writs, prosecutions, actions and causes of action, shall be valid and continue unaffected by this Charter taking effect.
Sec. 2. All ordinances authorizing or contemplating the appropriation or damaging of private property for public use or authorizing public work or improvements in force when this Charter takes effect, and all things done thereunder, shall remain valid, and subsequent proceedings thereunder, including those in pending condemnation proceedings, shall be conducted as nearly as practicable in accordance with the provisions of this Charter.
Sec. 3. Any assessment for taxation commenced before this Charter takes effect shall be availed of and completed by the assessor and his deputies under this Charter, and the same and any taxes based thereon shall be valid notwithstanding any change effected by this Charter.
Sec. 4. Ordinances or parts thereof, not inconsistent with this Charter, referring to any present body, board, officer or employee, shall be construed to refer to the body, board, officer or employee having the same or similar powers or duties under this Charter or ordinances consistent therewith.
Sec. 5. Ordinances authorizing a fine or punishment greater than
is permitted by this Charter shall continue valid so far as to authorize a fine or punishment not exceeding the limitations of this Charter.
Sec. 6. Whenever any approval, order or action by any board or officer, discontinued by this Charter, is required by any law or present ordinance as a condition precedent to any payment, commitment to any institution or other action by any city officer, it shall be sufficient to obtain such approval, order or action from the body, board or officer having the same or similar power in the premises under this Charter, and if there be no such board or officer, such approval, order or action may be secured from the Mayor until otherwise provided by ordinance.
Sec. 7. It shall be the duty of all boards, commissions and officers whose powers or duties are vested in others by this Charter, to turn over all books, records, property and funds to such others, and if any board, commission or office be abolished without the duties thereof being vested in others the incumbents thereof shall turn over all books, records, property and funds to the Comptroller.
Sec. 8. The present Municipal Assembly with its present officers or such as the respective houses may lawfully choose under the present Charter, shall continue until the first Monday in April, 1915, with all the powers and duties given to the Board of Aldermen by this Charter, and subject to its provisions; and until said date the provisions of the present Charter with regard to the filling of vacancies in the office of Mayor or the temporary performance of the duties of the Mayor shall remain in force.
Sec. 9. All terms of office of present officers and employees, except those terms expressly saved or continued by this Charter, are abolished.
Sec. 10. The present City officers mentioned in this section shall hold office under this Charter and subject to its provisions, as follows: the present Mayor, Comptroller and City Counselor shall hold the like offices; the present Police Justices and District Assessors shall hold office as City Court Judges and Deputy Assessors, respectively; the present Street, Sewer, Water, Park, Health and Hospital Commissioners, Commissioner of Supplies and Commissioner of Public Buildings and Chief of Fire Department, shall hold office, respectively, as heads of the appropriate divisions created by this Charter; the present President of the Board of Assessors, President of the Board of Public Improvements and Inspector of Weights and Measures shall hold office as Assessor, President of the Board of Public Service and Commissioner of Weights and Measures, respectively; and all other present incumbents of elective offices made appointive shall hold such appointive offices. Each such present City officer shall continue in the office above provided for him to hold until the end of the term for which he was elected or appointed and until his successor qualifies, with all the powers and duties given by this Charter to such office.
Sec. 11. The present jailer and all superintendents of institutions and the superintendent of fire and police telegraph, shall continue in office subordinate to the head of the appropriate division and subject to the provisions of this Charter.
Sec. 12. The present City Surveyors shall continue in office until the end of the terms for which they were respectively appointed.
Sec. 13. The office of City Auditor, as it at present exists, is abolished, but the present City Auditor shall continue in office until the end of the term for which he was elected. In the meantime he and the deputies and clerks under him shall be part of the Comptroller's office and under the control of the Comptroller.
Sec. 14. The City Attorney’s offices as such are abolished, but until the Law Department is organized in accordance with this Charter the City Counselor’s office and the City Attorney’s offices shall constitute the Law Department and be under the control of the City Counselor.
Sec. 15. All persons now occupying positions which are created solely by ordinance not inconsistent with this Charter and which are not exempted from the efficiency provisions of this Charter, including those mentioned in Sec. 9 of Article XVIII, and all persons occupying positions which are so created and which are exempted from said efficiency provisions by subdivision d and f of Sec. 3 of Article XVIII, shall continue in such positions, each in the appropriate branch of the City government and subordinate to the proper head officer. Where transfers of duties are effected by this Charter the Mayor may transfer any of said officers and employees to conform thereto. Tenure of office or employment under this section shall be subject to this Charter and the ordinances of the City.
Sec. 16. All present boards, commissions and officers created by Charter or ordinance and not provided for or authorized or expressly continued by this Charter, are hereby abolished, save only the City Plan Commission, Board of Engineers and Board of Examiners of Plumbers, which said commission and boards until abolished by ordinance shall hereafter be appointed by and under the control of the Board of Public Service.
Sec. 17. The Mayor may, and on the written advice of the City Counselor shall, require any renewal or substitution of the official bond or security of any present officer or employee as a condition precedent to such officer or employee continuing in office; and any officer or employee failing to comply with any such requirement within fifteen days after being notified thereof shall thereby forfeit his office. It shall be the duty of the City Counselor forthwith on this Charter being adopted to examine all official bonds and securities and advise the Mayor whether on account of any changes effected by this Charter it will be necessary to require such bond or security to be renewed or substituted.
Sec. 18. Every present City officer or employee who, if appointed
or elected, would be required by this Charter to take an official
oath, shall take, subscribe and file such oath as provided in
this Charter.
Published on the web:
August 1997