Charter and Ordinances of the City of Greenville of Force June 1st, 1898. Together with such Statute Laws as Effect Same.

52 LAWS AFFECTING THE CITY OF GREENVILLE.

the damage assessed as is now provided for in the opening of or widening streets in said city.

SEC. 8. That this Act shall take effect immediately upon its approval. Approved December 22nd, A. D. 1891. (Act 1891, page 1370.)

STREETS. AN ACT to Provide for the Grading and Paving of the Streets, Public Ways and Alleys of the City of Greenville.

SEC. 1. That the Mayor and Aldermen of the city of Greenville shall have power and authority, and it is hereby made their duty, to grade, pave, macadamize and otherwise improve for travel and drainage the streets, public ways and alleys of said city, or such of them as they may deem advisable, and to construct sidewalks and to pave the same and put down crossings, curbings, drains, side drains and cross drains, such as may be necessary in their judgement to carry out the provisions of this Act.

SEC. 2. In order to more effectually carry out the authority hereby delegated, the said Mayor and Aldermen shall have power to assess one-third of the cost of such grading, paving, macadamizing and improving said streets, public ways and alleys of said city, both as to sidewalks and roadways, upon the abutting property owners on each side of said streets, public ways and alleys, so that said property holders in the aggregate shall pay two-thirds of the said costs and said city the remaining one-third. Said assessments te be paid by said property holders pro rata according to the frontage of their property on said streets, public ways and alleys, respectively, and the money arising from such assessments shall be applied to the payment of interest on, and as a sinking fund to redeem the same under such

LAWS AFFECTING THE CITY OF GREENVILLE. 53

regulations as said Mayor and Aldermen may by ordinance prescribe.

SEC. 3. The assessments provided for in Section 2 of this Act shall be collected as other taxes in said city are collected and in such installments as the said Mayor and Aldermen shall by ordinance perscribe.

SEC. 4. Whenever said Mayor and Aldermen shall determine to improve any street, public way, or alleys, as hereinbefore provided, they shall cause the same to be carefully surveyed and the proposed grade definitely establish and ascertain as accurately as possible the cost of the contemplated improvement, and shall also cause the frontage of each piece of property, fronting on said street, public way or alley to be determined and fixed so that the assessment on each property holder may be easily ascertained.

SEC. 5. To obtain the means of carrying out the provisions of this Act on the part of the city the said Mayor and Aldermen may issue and negotiate bonds of said city under the provisions of Section 31 of the Charter of said city.

SEC. 6. The said Mayor and Aldermen shall have the power and authority by ordinance to provide for all the details necessary and requisite for carrying out the provisions of this Act. (Act of 1891, page 1372.)

54 LAWS AFFECTING THE CITY OF GREENVILLE.

cities and towns and to supply the citizens thereof; and to meet the costs of same the said cities and towns shall issue coupon bonds bearing interest at a rate not to exceed six per centum per annum, payable in any legal tender money of the United States forty years after date, with the privilege of redemption after twenty years from date : Provided, That before any bonds shall be issued under the provisions of this Act the City or Town Council of the said municipality shall submit the question of the issue to the qualified registered electors of such cities and towns at an election to be held by said City or Town Council appointed and conducted, in accordance with the laws of force governing municipal elections : And provided, That before any election shall be held under the provisions of this Act a majority of the freeholders of said city or town, as shown by the tax books of said city or town, shall petition said City or Town Council that the said election be ordered ; and if a majority of electors voting at said Council shall so declare by ordinance, and shall issue said bonds and turn them over to the Board of Commissioners of Public Works of said city or town hereinafter established. (Amendment 1887.)

SEC. 1. That all elections held under this Act the polls shall be opened at 8 o'clock in the forenoon and closed at 4 o'clock in the afternoon. ( Amendment 1887 )

SEC. 2. At such election for bonds the elector shall vote for three citizens of such town or city, whose term of office shall be respectively two, four and six years, and until the general election for municipal officers next following the expiration of the short term, and until their successors are elected and qualified. The classification above designated as to the terms shall be ascertained by the Commissioners after election by lot. At each general election for municipal officers following the expiration of the term of the Commissioner holding the short term, and at every such election every two years there

LAWS AFFECTING THE CITY OF GREENVILLE. 55

after, one such Commissioner shall be elected for a term of six years and until his successor is elected and qualified. The officers so elected, and their successors in office, shall be known as the Commissioners of Public Works of such municipality, and by that name shall sue and be sued in any of the courts of this State. At the first meeting of the Commissioners after the election, and after any election for a full term, they shall organize by the election of one of their number as Chairman. The Clerk or Recorder of the municipality shall act as Secretary of the Commissioners. The Mayor and Aldermen of the city, or the Intendent and Wardens of a town, shall fill any vacancy occurring in said Commissioners by death, resignation or otherwise, by appointment for the unexpired term. The persons elected or appointed to such office shall qualify by taking the same oath as the election officers of the municipality take. The Mayor of a city or the Intendent of the town shall notify the persons so elected as members of Commissioners of Public Works of their election within ten days after the result of such election is declared.

SEC. 3. That said Board of Commissioners of Public Works shall be vested with authority to build or contract for building said water works and said electric light plant and to operate the same, and shall have full control and management of same. They may supply and furnish water to the citizens of said cities and towns, and also electric, gas and other lights, and may require and exact payments of such rates, tolls and charges as they may establish for the use of water and lights. They may sell and dispose of said bonds and apply the proceeds, or so much thereof as may be necessary towards the purchase of, or payment for said plants.

SEC. 4. That the said City or Town Council are hereby authorized to assess, levy and collect, in addition to the annual tax levies for other purposes, a sufficient annual tax from the taxable property of said cities or towns to meet the interest to become due upon said bonds, and

56 LAWS AFFECTING THE CITY OF GREENVILLE.

also to raise the sum of at least one-fortieth part of the entire bonded debt as a sinking fund in aid of the retirement and payment of said bonds. Said sinking fund shall be under the control and management of the Board of Commissioners of Public Works, and shall be applied to the said bonds, or invested to meet the payment of same when due.

SEC. 5. That the said cities and towns shall have the power and authority to purchase and hold suitable lands and water within the limits of the county, and to erect such acqueducts, dams, canals, buildings, machine shops and other works and to lay and construct such conduits, mains and pipes as may be necessary to obtain and secure a supply of water and power for operating said water works and electric light works. And said cities and towns shall have power to erect poles and wires along any of the adjacent highways and in said cities and towns, and shall have the right to condemn any property or rights of way to enable it to lay mains and pipes and erect and operate said acquducts, dams, canals and water and electrical works, and electrical lines on payment to the owner or owners thereof just compensation for such property or rights of way to be condemned, such compensation to be determined in the manner now provided by law for the condemnation of lands and rights of way by railroad corporations.

SEC. 5.(a) That the powers herein conferred upon the cities and towns of the State are, and shall be taken, deemed and construed to be, in addition to the powers now enjoyed by said cities and towns. (Amendment 1887.)

SEC. 6. That this Act shall take effect at and from the date of its approvial.

Approved 2nd day of March, A. D. 1896. (Act 1896, page 83.)

SEC. 6.(a) Known as Section 4 in Act 1897 at page 507, that any and all notices of elections, elections and proceedings heretofore had for the issue of any bonds and