Ordinances of the City of Greenville

Charter of the City of Greenville. 11

under the seal of the corporation by the Clerk thereof, and directed to the Chief of Police or any other officer designated by them for that purpose; and all property [typed in margin] Lien for taxes. upon which a tax shall be levied is hereby declared and made liable for the payment thereof in preference to all other debts against the said property, except debts due to the State, which shall first be paid.

[typed in margin] Publication of tax ordinance. Sec. 24. That an ordinance declaring the rate of annual taxation upon property and other subjects of annual taxation for the year shall be published at least three weeks during the month of December in each year, and that all persons liable to taxation under the same [typed in margin] When to be paid. shall make payment of their taxes to the Clerk and Treasurer of the said corporation during the succeeding month of January, and that upon failure to make such [typed in margin] Persons in default. payment the parties so in default shall be subject to the penalties now provided by law for failure to pay the general State tax, the said penalty to be enforced by the said City Council for the use of the said city; and that all other taxes imposed by the City Council shall be payable in advance by the parties liable therefor, and that for the non-payment of the same the party in default shall be subject to the same penalty as that hereinbefore set forth.

[typed in margin] Assessment of Property. Sec. 25. That the said City Council shall, within one month after entering upon the duties of their office, appoint five freeholders of said city to serve for two years, whose duty it shall be to assess the value of the real estate and personal property therein for taxation; and for such assessment the said assessors shall, as the basis of the true valuation of such real estate and personal property, accept the returns made to the County Auditors for State and County purposes: Provided, That the said assessors shall be authorized to make additional assessments for such investments as may have been made in real estate and personal property [typed in margin] Oath of Assessors. subsequently to the return to the County Auditor: Provided, further, That said assessors shall take and an oath to

12 Charter of the City of Greenville.

fully and impartially perform their duties. The said assessors shall be compensated by Council for their services; and any person so appointed as assessor, and [typed in margin] Penalty for refusing to serve. refusing to act, may be fined by the City Council not exceeding twenty-five dollars.

[typed in margin] Guard house. Sec. 26. That the said City Council shall have power to establish a guard house, and to prescribe by ordinance or by-laws suitable rules and regulations for governing the same; and they shall likewise have power [typed in margin] Powder magazine. to erect a powder magazine, and to require all persons holding more than twenty-five pounds of powder to store the same therein: Provided, Nothing herein contained shall be construed to prohibit the erection of private powder magazines for the storage of powder under the direction of said City Council, and to make regulations for the rates of storage and for keeping and [typed in margin] Forges and foundries. delivering the same; and they shall have power to prohibit the building and using of any blacksmith shop, forge, furnace or foundry on Main street, or in any public part of the city.

[typed in margin] Powers as to offenders. Sec. 27. That the said acting Mayor shall have power and authority to try all offenders arrested by the police of the city as soon after such arrest as may be practicable, and to sentence such offenders to pay a fine not exceeding one hundred dollars or be imprisoned not exceeding thirty days, in the discretion of the Mayor or acting Mayor, unless the same be limited by ordinance, when the sentence shall conform to such ordinance. Any person sentenced to imprisonment directly or in consequence of failure to pay the fine imposed may, during the term of imprisonment, be required to work [typed in margin] Working of streets as a punishment. the roads, streets or ways of said city, and be further liable for all costs and expenses of said arrest and imprisonment.

[typed in margin] Notice to persons accused. Sec. 28. That in all cases of trials before the Mayor's Court for the violation of any of the ordinances, rules and regulations of said corporation, or for default in the performance of street, or road, or patrol duty, the

Charter of the City of Greenville. 13

party charged shall be summoned by a written notice under the hand of the Mayor, or one of the Aldermen, or of their Clerk and Treasurer, stating the offence charged and the time and place of appearance; and [typed in margin] How served. such summons shall be served by one of the policemen of said town, either by delivering a copy thereof to the parties charged personally, or by leaving a copy at the most notorious place of residence of the said party; which service shall be made at least one day previous to said trial, unless the party charged be a non-resident of said town, in which case the summons may be served at any time previous to the trial. And said mayor, or acting Mayor, shall have power to compel the [typed in margin] Witnesses. attendance of witnesses upon such trial by summonses in writing, to be served in the manner aforesaid, at any time previous to the said trial.

[typed in margin] Sidewalks. Sec. 29. That the said City Council shall have power and authority to require all persons owning land in said city to inclose it, if in their judgement the safety of the public requires it, and to make and keep in good repair sidewalks along any public street or road adjoining said land, whenever the same may be deemed necessary, and the right and manner of construction of such sidewalk shall be designated by said City Council; and on default or refusal, after reasonable notice, to keep in repair such sidewalk, the said City Council may cause the same [typed in margin] Penalty. to be made or repaired, and require the costs of such making and repairing to be paid by such land owners, and the said amount may be recovered, in an action for debt, in any Court of competent jurisdiction.

[typed in margin] Power to close streets. Sec. 30. That the said City Council shall have power and authority to close all such roads, streets and ways within the said city as they may deem necessary, by sale of the freehold therein, either at private or public sale, as they may adjudge best for the interest of the said city; and they shall have power and authority to [typed in margin] And open new ones. lay out, adopt, alter, widen and open all such streets, roads and way as they may from time to time

14 Charter of the City of Greenville.

deem necessary for the improvement and convenience of the said city; Provided, That the owners of lands over which any such road, street, or way may pass, and any person damaged by the closing or from the altering of [typed in margin] Compensation. any such street, road or way, shall be duly compensated therefor by the City Council; and whenever any road, street or way is to be laid out, closed, opened or widened, in case the said City Council, and the owners of land over which the same shall pass, or the persons damaged by the closing or altering as aforesaid, cannot agree upon the amount of compensation to be paid to such [typed in margin] Commissioners to assess damages. owners or persons, the same shall be assessed by three Commissioners to be appointed, one by the City Council, one by the land owner or person damaged, and the third by the two Commissioners thus appointed; and in case any land owner shall neglect or refuse to appoint a Commissioner within five days after notice so to do, then the Chairman of the Board of County Commissioners of the County of Greenville shall appoint a Commissioner, who, with the one appointed by the City Council, shall select the third Commissioner: Provided, That [typed in margin] Appeal. either party may appeal from such assessment to the Court of Common Pleas for said County, by serving written notice of such appeal upon the other party within five days after such assessment shall have been made, when the issue of value shall be submitted to a jury.

[typed in margin] Right to borrow money and issue bonds. Sec. 31. That the said City Council shall have power to borrow money for the public use of the corporation by issuing from time to time, as occasion may require, the bonds of said corporation, bearing interest at a rate not exceeding seven per centum per annum, to be [typed in margin] Not exceeding $100,000. paid semi-annually, for an amount not to exceed the sum of one hundred thousand dollars ($1000,000); and for the payment of the interest and the ultimate redemption of the principal, according to the terms of the loan, the said corporation shall be at all times liable: Provided, That the property of the inhabitants of said city shall be bound for the redemption of said loan in no

Charter of the City of Greenville. 15

[typed in margin] To be paid by taxation. other way than by the imposition of an annual tax, according to the provisions of this Act.

[typed in margin] Statement to and settlement with successors. Sec. 32. That the City Council shall within one month after the expiration of their term of office make out and publish a full account of their receipts and expenditures during their term, and shall pay and deliver to their successors all moneys, books, records, papers or property in their hands belonging to the corporation, and upon failure so to do so they shall be liable to [typed in margin] Penalty. indictment and be subject to penalties prescribed in Section 33 of this Act.

[typed in margin] Misfeasance and nonfeasance. Sec. 33. That for any willful violation or neglect of duty, malpractice, abuse or oppression, the said Mayo r and Aldermen severally shall be liable to indictment in the Court of General Sessions, and, upon conviction, to [typed in margin] Punishment. punishment by fine not exceeding five hundred dollars and to imprisonment not exceeding twelve months, besides being liable for damages to any person injured.

[typed in margin] Ordinances validated. Sec. 34. That all ordinances heretofore passed by the Mayor and Aldermen of Greenville, under existing laws be, and they are hereby declared to be, of full force and effect in said City of Greenville.

[typed in margin] To go into effect at once. Sec. 35. This Act shall to into effect immediately upon its passage, and all Acts and parts of Acts [typed in margin] Repealing clause. inconsistent with this Act be, and they are hereby, repealed ; and this Act shall be deemed and be taken to be a public Act, and shall continue in force for the term of [typed in margin] Public Act for 21 years. twenty-one years and until the end of the session of the General Assembly then next ensuing.

In the Senate House, the twenty-second day of December, in the year of our Lord, one thousand eight hundred and eighty-five.

J. C. SHEPPARD, President of the Senate. JAMES SIMONS, Speaker House of Representatives. Approved December 22d, A. D. 1885. HUGH S. THOMPSON, Governor.