.railways, together with the expense of collecting the same, shall be a special tax and lien against the lot or lots or blocks fronting or abutting upon the thoroughfares or ways improved, and against the road bed, ties, rails, fixtures, rights and franchises of such street or other railways that may be operated or located thereon; and they shall be due and payable by said property owners and the owners and operators of railways in five equal annual installments or less, at the option of such property owners and owners and operators of railways, all of which shall draw interest from the date of assessment until paid at the rate of six per cent per annum. The first installment shall be due and payable immediately after the completion of such improvement, and an installment equal thereto shall become due and payable annually thereafter until the entire amount is paid; and a failure to pay any one of the annual installments within sixty days after the same has become due shall cause all the unpaid installments to at once mature. All repairs and temporary improvements of avenue, streets and alleys shall be at the cost of the city; but the word "repairing," as here used, shall apply only to small or ordinary defects in avenues, streets or alleys that have been put to grade and paved or otherwise improved; and the city council are hereby authorized and required to set aside annually out of the general revenues of said city a sum equal to not less than one-twentieth of one per cent on the one hundred dollars valuation of all property within said city not exempt from taxation, which fund to be so set aside in the annual budget shall be used only for such repairs and temporary improvements. Permanent street improvements, within the meaning of this act, shall be only such as are constructed of blocks or granite, blue limestone, trap rock, thoroughly creosoted wood, thoroughly vitrified brick, or of Trinidad asphaltum, or other asphaltum equal to it in quality; but repairs to the same shall not be classed or paid for out of funds provided for such permanent improvement. The city council are hereby empowered and required to set aside in the annual budget a fund to an amount not exceeding one-fourth of one per cent on the one hundred dollars valuation of all property within said city subject to taxation, which shall be used exclusively for the payment of the city's share of the cost of such permanent improvements.

Section 128. The board of public works, before beginning any such improvement, shall, for the purpose of acquiring the most reliable information practicable of the probable cost thereof, cause an estimate to be made of said probable cost by the city engineer or by some other officer of the city, or by a committee of the board; and such officer or committee shall also report a full list of all fronting or abutting lots, with number and size of same and number of block in which situated, and the name of the owners thereof, and such other information as may be required by the city council; and if it be a street or avenue the improvement whereof is contemplated, and any person, corporation or company owns or operates a street railway or railway of any kind thereon, such officer or committee shall also report in said list the name of such person, corporation or company, and if there be any lot or fractional lot the owner whereof is not known the same shall be entered in said list as unknown; and said officer or committee shall enter in said list opposite each lot or fractional lot lying and being on each side of the street, avenue or alley the improvement whereof is contemplated, or if the im

provement of a sidewalk is contemplated, then opposite each fronting or abutting lot or fractional lot, such portion or so much of the estimated cost or expense of such work or improvement on said avenue, street, alley or sidewalk as the owner of said lot or fractional lot is required under the provisions of section 127 of this charter to pay, and shall also enter into said list opposite the name of the person, corporation or company owning or operating such railway or railways such portion of the cost or expense of such work as is under section 127 chargeable to said owner or operator. Upon consideration of said report of said officer or committee the council, to whom the same shall be submitted, shall determine whether or not the said work or improvement shall be made, and shall proceed accordingly. When said work or improvement is ordered by the council and shall have been completed the board of public works shall cause an accurate report of the cost thereof to be made by said officer or committee to the city council. As part of said report said officer or committee shall present a list of the lots or fractional lots lying and being on each side of the street, avenue or alley so improved, or in case of a sidewalk then of the lots or fractional lots fronting or abutting thereon, and upon such lists of lots or fractional lots shall be entered opposite each lot or fractional lot such portion or so much of the actual cost and expense of such work or improvements on said avenue, street, alley or sidewalk abutting, fronting, adjoining or opposite such lot or fractional lot as the owner thereof is required under the provisions of section 127 of this charter to pay; and opposite the name of the person, corporation or company owning or operating the railway on the avenue or street or portions thereof so improved the cost and expense chargeable to said person, corporation or company under the provisions of section 127 of this charter; and upon the acceptance and approval of said report and list by the city council, said amount shall be imposed, levied and assessed by the said council on or against said lots or fractional lots, and on or against the road bed, ties, rails, fixtures, rights and franchises of said railways respectively, and shall be collected by the collector as herein provided, and shall be a lien upon the property until paid.

Section 129. That after such action on the part of the city council as above provided for the collector shall give notice of the first installment of said assessment being due, and within what time payable, and shall commence forthwith to collect the same and shall annually thereafter give thirty days notice and then proceed to collect the installments as they fall due. That after the expiration of the period for payment of said. assessment or any installment thereof said officer shall levy on so much of any property on said list on which any installments have not been paid as will be sufficient to pay the same, and the same notice of sale as is required in sales for taxes shall be given. And if said assessment or unpaid installments are not paid before the day of sale, said officer shall sell said property in the manner and under the circumstances and to the extent and subject to the same conditions which are or may be provided by ordinance for the sale of real estate in the city of Galveston charged with the payment of taxes imposed by said corporation; and said officer shall execute a deed to the purchaser at any such sale, and the provisions of this act in reference to the deed drawn by the collector for taxes shall apply to the deed provided for in this section. If suit is brought to re

cover said assessments or any installments thereof, and to foreclose the lien thereof, then an additional amount of ten per cent of and upon the principal and interest of the amount due shall be collected.

Section 132d. In addition to the power to issue one million two hundred and forty thousand dollars of bonds as provided for in section 132c of the present charter, the said city shall have the power to issue bonds to the amount of two hundred thousand dollars ($200,000) of the denomination of one hundred dollars or any multiple thereof, payable forty years after the date of their issue, bearing interest at a rate of not to exceed five per cent per annum, payable semi-annually, and said bonds shall be sold at not less than par, and the net proceeds thereof shall be used exclusively for the cash payment by the city of that part of the cost of permanent street improvements owing by property and railway owners and operators, imposed, levied and assessed under and in accordance with section 127 and 128 of this charter. Said bonds or the proceeds thereof shall be used and expended only for paying the property and railway owners' and operators' share of the cost of permanent street improvements, for which assessments are levied and imposed under and in accordance with said sections 127 and 128, and whatever liens or other assets shall accrue to said city by the expenditure thereof shall also be a security for said bonds, and when said liens are satisfied and assets realized upon, the proceeds thereof shall also be for the benefit and security of said bonds; and the lien thereof shall follow and attach to any property improved by a reinvestment of the proceeds of such liens and assets, which, however, shall be used only as the bonds or proceeds thereof are used, viz. for the payment of the property and railway owners' and operators' share of the cost of such improvements, it being the intention of this act that said bond shall not only be secured by the general credit of the city of Galveston, but also by an additional security consisting of whatever liens and assets the city may have from time to time as the result of such improvements, so that upon the maturity of said bonds all such liens and assets as are then outstanding shall, if required, be realized upon and applied to the satisfaction of said bond; and a fund shall be and is hereby provided to pay the interest and create a sinking fund to redeem said bonds, which fund is hereby fixed at not less than two and one-half per cent of the amount of the bonds outstanding, and an equivalent amount shall be set aside annually out of the collection of assessments or installments thereof, and shall not be diverted or drawn upon for any other purpose, and the city treasurer shall honor no drafts on said fund except to pay the interest or to redeem said bonds, or to provide for the safe investment of said sinking fund in any bonds of this city or of the United States or State government. In addition to the foregoing the said city shall also have power to issue bonds to the extent of one hundred thousand dollars ($100,000) of the denomination of one hundred dollars ($100) or any multiples thereof, payable forty years after the respective dates of their issue, and bearing interest payable semiannually at a rate not exceeding five per cent per annum; said bonds to be sold as needed for cash at not less than par, and the proceeds thereof to be used and expended as follows: In erecting a pumping station at or near the source of the fresh water supply; for the construction of a large storage tank in connection with the fresh water supply; for the extension of the water mains in the city of Galveston for said fresh water

supply; all to be expended under the direction of the board of water commissioners of Galveston. In addition to the foregoing the said city shall also have power to issue bonds to the amount of two hundred thousand dollars of the denomination of one hundred dollars or any multiple thereof, payable twenty years after date of their issuance, with the privilege of paying the same at any time on or after ten years from such date, and bearing interest payable semi-annually at a rate not exceeding five per cent (5%) per annum, said two hundred thousand dollars of bonds to be sold for cash at not less than par, and the proceeds thereof to be used for the payment of the present existing floating general indebtedness of the city. In addition to the general taxation to provide for the payment of this issue of two hundred thousand dollars of bonds, sixtysix and two-thirds (663) of all collections from all back taxes past due January first, 1894, and still unpaid, shall be a special fund to be held and applied only to the payment of said two hundred thousand dollars of bonds until same are paid. In addition to the foregoing the said city shall also have the power to issue bonds to the amount of fifty thousand dollars ($50,000) of the denomination of one hundred dollars ($100) or any multiple thereof, payable forty years after date of their issuance, and bearing interest payable semi-annually at a rate not exceeding five per cent per annum; said bonds to be sold for cash at not less than par, and the proceeds thereof to be used and expended in the erection and equipment of public school houses in said city under the direction and upon the requisition of its board of school trustees. A fund shall be provided from the general and municipal revenue of the city to pay the interest and create a sinking fund to redeem said bonds, which fund shall not be diverted or drawn upon for any other purpose, and the city treasurer shall honor no drafts upon said fund except to pay the interest upon or to redeem the bonds for which it was created. All of said bonds shall be signed by the mayor and countersigned by the city clerk, and shall be payable at such place as may be fixed by ordinance of the city council. It shall be the duty of the mayor when such bonds are issued to forward the same to the Comptroller of State, whose duty it shall be to register them in a book kept for the purpose and to endorse on each bond registered his certificate of registration. The indebtedness provided for in this section shall not be limited or governed by the provisions or limitations contained in sections 28, 132, 132a or 132b of this charter.

Sec. 2. The fact that the next election of officers and aldermen of the city of Galveston takes place before the expiration of the ninety (90) days after the adjournment of this Legislature, at which time according to the Constitution this act would take effect, creates an emergency and public necessity that the constitutional rule requiring bills to be read on three several days be suspended and that this act take effect and be in force from and after its passage, and it is so enacted.

[Note. The foregoing act was presented to the Governor of Texas for his approval on the 12th day of April, A. D. 1895, but was not signed by him nor returned to the house in which it originated with his objections thereto within the time prescribed by the Constitution, and thereupon became a law without his signature.-Allison Mayfield, Secretary of State.]

CORPUS CHRISTI WATER SUPPLY COMPANY.

CHAP. 4.-[II. B. No. 740.] An act to grant to S. M. Leary, N. Gussett, E. A. McCampbell and D. Reid, comprising the Corpus Christi Water Supply Company, the right to construct a dam across the Nueces river.

Section 1. Whereas, the people of Corpus Christi obtain their water supply from the Nueces river; and

Sec. 2. Whereas, the water at times becomes salt and unfit for use because of the inflow of water from the bay into which the river empties; therefore,

Be it enacted by the Legislature of the State of Texas: That the said S. M. Leary, N. Gusset, E. A. McCampbell and D. Reid, be and the same are hereby authorized to erect a dam across said Nueces river at some place between its mouth and a point fifteen miles above.

Sec. 3. The near approach of the close of the present session of the Legislature and the fact that said dam may be needed at almost any time, creates an urgent public necessity and emergency which authorizes the suspension of the constitutional rule requiring bills to be read on three several days, and the same is hereby suspended, and this law be and is hereby declared to be in effect from and after its passage.

[Note. The foregoing act was presented to the Governor of Texas for his approval on the 29th day of April, A. D. 1895, but was not signed by him nor returned to the house in which it originated with his objections thereto within the time prescribed by the Constitution, and thereupon became a law without his signature.-Allison Mayfield. Secretary of State.]

DALLAS CITY CHARTER.

CHAP. 5.—[S. B. No. 258.] An act to amend sections 2, 20, 24, 29, 43, 138, 144, 148. 156 and 159 of an act entitled "An act to ncorporate the city of Dallas, and to grant it a new charter," approved March 13, 1889, and to add thereto sections 154a, 154b, 154c, 158a and 159a, and to repeal section 185 of said act, and also to amend section 158 of an act entitled "An act to amend sections 10, 21, 28, 94, 120, 140, 158 and 161 of an act entitled 'An act to incorporate the city of Dallas and to grant it a new charter,' approved March 13, 1889. passed by the Twenty-second Legislature and certified to by the Secretary of State March 9, 1891, and also sections 120 and 161 of an act ent tled 'An act to amend sections 6, 8, 9, 10, 14. 15, 61 and 185 of an act entitled "An act to incorporate the city of Dallas and to grant it a new charter," approved March 13, 1889, and section 161 of said act as amended in 1891, and to repeal section 10 of an act entitled an act to amend sections 10, 21, 28, 94, 120, 140 and 158 of an act entitled 'An act to incorporate the city of Dallas and to grant it a new char ter, approved March 13, 1889, passed by the Twenty-second Legislature and certified to by the Secretary of State on March 9, 1891, and to repeal all conflicting laws; and to conform same to the objections of the Governor in his veto message of March 18, 1893," passed by the Twenty-third Legislature, and certified to by the Secretary of State April 12, 1893, and to repeal all conflicting laws.

Section 1. Be it enacted by the Legislature of the State of Texas: That sections 2, 20, 21, 29, 13, 138, 144, 148, 156 and 159 of an act entitled "An act to incorporate the city of Dallas, and grant it a new charter,"