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Regulation of railroads, etc.

Same.

from the streets, avenues, and alleys, and the plac ing under ground of all telegraph, electric, and telephone wires.

17. Same, depots, street railroads. To regulate levees, depots, depot grounds, and places for storing freights and goods, and to provide for and regulate the passage of railways through the streets and public grounds of the city, reserving the rights of all persons injured thereby.

18.

Railways, regulate.-To regulate the crossing of railway tracks, and to provide precautions and prescribe rules regulating the same, and to regulate the running of railway engines, cars, and trucks within the limits of said city, and prescribe rules relating thereto, and govern the speed thereof, and make other and further provisions, rules, and restrictions to prevent accidents at the crossings and on the tracks of railways, and to prevent fires from engines, and to regulate and prescribe the manner of running street cars, to require the heating and cleaning of the same, and to fix and determine the fare charged. To require the lighting of any railways within the city, the cars of which are propelled by steam, in such manner as they shall prescribe, and fix and determine the number, style, and size of the lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location for such lamp posts, and in case the company owning or operating such railway shall fail to comply with such requirements, the council may cause the same to be done, and may assess the expense thereof against such company, and the same shall constitute a lien on any real estate belonging to

such company, and lying within said city, and may be collected in the manner as taxed for general purposes; to require railroad companies to keep flagmen at all railroad crossings of streets and provide protection against the injury to persons and property in the use of such railroads; to compel any railroad to raise or lower their railroad tracks to conform to the general grade which may at any time be established by such city, and where such tracks run lengthwise through or over any street, alley, or highway, to keep the same level with the street surface; to compel and require railroad companies to keep open the streets, and to construct and keep in repair ditches, drains, sewers, culverts, along and under their railroad tracks, and to pave their whole right of way on all paved streets, and keep the same in repair.

domain.

19. Eminent domain.-To exercise the power Eminent of eminent domain, and to take private property for public use, within or without the city, for the purpose of erecting or establishing market houses and market places, streets, hospitals, public buildings, cemeteries, or for any necessary or authorized public purpose; Provided, however, That in all cases the city shall make the person or persons whose property shall be taken or injured thereby adequate compensation therefor, to be determined by proceedings instituted in the county court and conducted as by law provided for condemnations by railway companies.

reading rooms.

20. Libraries, reading rooms.-To establish Libraries and and maintain public libraries and reading rooms, to purchase books, papers, maps, and manuscript therefor, and to receive donations and bequests of

Parks, public grounds and trees.

Borrow money.

Funding bonds; payment of indebtedness.

Sinking fund.

money or property for the same, in trust or otherwise, and pass necessary by-laws and regulations for the protection and government of the same.

21. Parks, public grounds.-To hold and improve public ground and parks within or without the limits of the city, and provide for the protection and preservation of the same, and to provide for the planting and protection of shade or ornamental and useful trees.

22. Borrow money.-To borrow money on the credit of the city and to pledge the credit, revenue, and public property of the city for the payment thereof, when authorized in the manner herein provided.

23. Issue bonds.-To provide for issuing bonds for the purpose of funding any and all indebtedness now existing or hereafter created of the city, now due or to become due; floating indebtedness shall only be funded by authority of a vote of the people, but the mayor and council may by a two-thirds vote issue bonds to pay off any bonded debt, without a vote of the people, at a not higher rate than the debt.

24. Sinking fund.-To make provisions for a sinking fund to pay accruing interests, and to pay at maturity the principal of the bonded indebtedness of the city, and to levy and collect taxes on all the taxable property in the city, in addition to other taxes, for the purpose of paying the same, and to provide that the said tax shall be paid in cash; and whenever any city has heretofore issued bonds by virtue of any special authority derived from the legislature of the territory or state, the council shall have the power to levy and collect

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taxes for the purpose of paying such bonds as is provided in laws giving such authority.

25. Wards. To divide the city into wards, Wards. establish the boundaries thereof, and number the

same.

26.

Elections. To provide for the registra- Elections. tion of voters, and may prohibit persons from voting at any or all city elections who shall not have first complied with such regulations and have been registered as required by such ordinance. Such ordinance or ordinances may be repealed, re-enacted, and amended from time to time as in other cases; Provided, That the registration of the last genera] election shall be valid for any special election. To appoint judges of all elections provided by ordinances for the election of city officers and prescribing the manner of conducting the same, and the return thereof, and for deciding contested elections, and for holding special elections for any purpose herein provided.

27. Primaries.-To regulate the holding of Primaries. primary elections, at which no person shall be permitted to vote except such person be an elector of the city and affiliated with the political party holding such primary election, at the last prior general election. That judges at such primary election shall be sworn and may administer oaths, and that any person violating the regulations so established, or who, being disqualified, shall vote at such primary election, or who shall aid, counsel, or abet any disqualified person in voting thereat, may be fined in any sum not exceeding one hundred ($100) dollars, nor less than twenty ($20) dollars, and shall stand committed till such fine and costs are

Removal and appoin ment of officers.

Powers and compensation of officers.

Official bonds.

Reports of officers.

Census.

Market houses and places.

paid, and shall be disqualified to vote at any city or primary election for the period of one year thereafter.

28. Officers, removal.-To provide for removing officers of the city for misconduct, whose offices are created and made elective by this act, and shall have power to create any office that they may deem necessary for the good government and interest of the city, and to provide for filling such vacancies as may occur in any elective office by appointment by the mayor, by assent of the council, to hold until the next general election.

29. Officers, regulate power and compensation. -To regulate and prescribe the powers and duties and compensation of the officers of the city not herein provided for.

30. Official bonds.-To require all officers or servants, elective or appointive, in pursuance of this act, to give bond and security for the faithful performance of their duties. No officer shall become security upon the official bond of another, or upon any contractor's bond, license, or appeal bond given to the city, or under any ordinance thereof, or from convictions in the police court.

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31. Reports. To require from any officer of the city at any time a report in detail of the transactions in his office or of any matters connected therewith.

32. Census.-To provide for and cause to be taken the census of the city.

33. Market houses and places. To purchase and own grounds for, and to erect and establish market houses and market places, and to regulate and govern the same, and also to contract with any

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