Greenville City Codes & Ordinances

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for prisoners; to provide for the monthly payment of the Marshal and policemen on the certificate of the Board as to the amount due each; also for such office expenses, records, books, stationary, printing, telegraphing, badges, clubs, and the repair and cleaning of the police buildings as may be necessary-- it being the true intent and meaning of this Act that all the necessary expenses of the police department shall be borne by the city out of its general revenue fund, notwithstanding the government of such department is vested exclusively in said Board.

(Amendment 1896.) SEC. 6. Neither the Mayor nor the Council, or any offcer appointed by them, shall have any government of the police force; and the City Treasurer shall not pay any of the police force except the certificate of said Board. Any person or persons who shall in any manner interfere with or interrupt said Board or the Police Judge, Marshal or policeman so appointed, while in the legal performance of duty, shall, upon conviction thereof before the Court of General Sessions of the county wherein such city is located, be adjudged guilty of a misdemeanor and shall be fined in any sum, not less than one hundred dollars, nor more than one thousand dollars, or be imprisoned in the county jail not less than ten days nor more than ninety days for each offense. SEC. 7. Every police, judge, marshal and policeman appointed under this Act shall be a qualified elector of such city, and before entering upon the discharge of his official duties shall take and subscribe and caused to be filed with the Board an official constitutional oath and for the faithful discharge of duty. SEC. 8. The annual salaries of the following named officers shall be fixed by order of the Board within the following limits, namely : The Marshal not less than two hundred dollars, nor more than two thousand dollars per annum, and the policemen not less than ten dollars nor more than sixty dollars per month. (Amendment 1896.)

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shall cease and determine upon the appointment and qualifications of a police force by the Mayor and Council after such proclamation. That nothing in this Act contained shall be so construed as to disqualify any member of any previous police force of any city from holding appointment under the Board of the Police Commissioners at their discretion, nor to disqualify any member of the police force appointed by such Board from holding appointment under the Mayor and Council afterward. And nothing in this Act shall be construed to prevent the said Commissioners for the same city whenever they may deem it advisable or necessary for the better or more perfect government of such city, in which event, and as often as such event may occur, this Act as to such city shall again be of full foree and effect.

SEC. 12a. A copy of all rules issued by said Board shall be forthwith furnished to the Mayor or Intendant for his information. That all claims against the police department be presented to the Mayor or Intendant in itemized form and all payments be made by the Treasurer or disbursing officer of such town or city, or under his direction, and that any special policeman appointed as provided in the Act, shall only be so appointed in case of emergency. [Act 1896 as Sec. 2, on page 91.]

SEC. 13. This Act shall take effect immediately upon its approval.

SEC. 14. All Acts and parts of Acts which are inconsistent with this Act are hereby repealed.

SEC. 15. Whenever the word "city" is used in this Act, the same shall be construed to mean "city or town." Approved December 24th, A. D. 1894. [Act 1894, 787.] ------------------------

AN ACT to confer on the City Councils and Town Councils of the cities and towns of this State power to

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make and establish certain rules, by-laws and ordinances, including general police powers. SEC. 1. Be it enacted by the General Assembly of the State of South Carolina, That the City Councils and Town Counciles of the cities and towns of the State shall in addition to the powers conferred by their respective charters, have power and authority to make, ordain and establish all such rules, by-laws, regulations and ordinances respecting the roads, streets, markets, police, health and order of said cities and towns, or respecting any subject as shall appear to them necesssary and proper for the security, welfare and convenience of such cities and towns, or for preserving health, peace, order and good government within the same. And the said city or Town Councils may fix fines and penalties for the violation thereof, not exceeding one hundred dollars fine, or thirty days imprisonment : Provided, That such rules, bylaws and ordinances shall not be inconsistent with the laws of this State : Provided, further, That nothing herein contained shall be construed to repeal the law establishing local Boards of Health. SEC. 2. This Act shall go immediately into effect upon its approval. [ Act 1898, page 820.] ---------------- SCHOOLS.

AN ACT to provide for the Establishment of a School District in the City of Greenville. SEC. 1. That for the purpose of maintaining public schools in the City of Greenville the Court Board of examiners of Greenville county be, and they are hereby, authorized and required, to lay off a seperate school district, embracing the territory included in the corporate limits of said city. SEC. 2. That the said district shall be known as the School District of the City of Greenville and shall be a body politic and corporate, with such government, rights,

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(and the two mills constitutional and poll tax provided by law) shall be expended in maintaining said public schools, and, (4) To fill all vacancies occurring in said Board of Trustees by death, resignation, removal, or otherwise, during their term of office or service.

[Act of 1893, page 642-3.]

SEC. 5. That it shall be the duty of the chairman and secretary of said public meeting, within one week after said meeting has been held, to notify the Chairman of the Board of Trustees for said school district, and the Auditor of said county, of the amount of tax thus levied, and how it has been appropriated, and the County Auditor shall at once assess such tax on all real and personal property returned in said school district and the County Treasurer shall collect the same with the State and County taxes, and such tax shall be a lien on all property until paid, and defaulting tax payers shall be liable to like process and penalties as defaulters for State and County taxes.

SEC. 6. That the money collected from said tax levy and the constitutional poll and two mill tax to which the said district is entitled under the general provisions of the law, shall be held by the County Treasurer and paid out on warrants drawn by the Trustees of the said school district, countersigned by the County School Commissioner; and said treasurer shall be liable to said school district for the non-performance of his duty in respect to said money in the same manner and to the same extent and under like penalties as for non-performance of his duties in reference to State and County taxes: Provided, That the School Commissioner of said county and Trustees of said school district be, and they are hereby, authorized to apply to the fiscal year commencing Nov. 1st, 1885, so much of said money as may be necessary for the purchase or erection of suitable buildings to said public schools.

[Act of 1885, pages 383-4.]

SEC. 7.

SEC. 8.

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SEC. 9. That on and after June 1898, the special school tax herein provided for shall be collected by the Treasurer of the County of Greenville, at the same time and in the same manner as the State and County taxes are collected, and shall be protected by the bond of the said County Treasurer, and shall be paid out by him upon the warrant signed by the chairman and countersigned by the Secretary of the Board of School Trustees of said school district. [Act 1898, page 886.]

-------------------------------------------------------- SEWERAGE.

AN ACT to authorize the City Council of Greenville to Ordain the Necessary Ordinance for the Establishment, Construction and Maintenance of a systen of sewerage, etc.

SEC. 1. That the City Council of Greenville in addition to the powers now vested in them by law be, and they are hereby, authorized to pass all necessary ordinances, rules and regulations for the establishment, construction and maintenance and enforcement of a system of sewerage in the streets, private lots and dwellings in the City of Greenville, and beyond its limits if it be necessary.

SEC. 2. That the said City Council be, and they are hereby authorized to contract with any person or corporation for the establishment, building, maintenance and use of a system of sewerage works in said city, and to pass all necessary ordinances, rules and regulations for the enforcement of the same.

SEC. 3. That the officers and other persons who may be appointed to execute the provisions of such ordinances, rules and regulations shall as far as may be necessary for the performance of their respective duties have the right to enter any building or premises in said city between the hours of 9 A. M. and 5 P. M.

SEC. 4. That for the purpose of establishing, constructing, and maintaining a system of sewerage in the said

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City of Greenville, the said city, by its City Council, is hereby permitted and authorized to issue ($75,000) seventy-five thousand dollars of six per cent coupon bonds, or so much thereof as in their judgement may be necessary, payable thirty years from their date, said interest on said bonds to be paid semiannually upon the first day of July and the first day of January : Provided, That a majority of the qualified electors of said city shall vote in favor of such issue at an election to be held for that purpose as hereinafter provided.

SEC. 5. That upon a petition presented to them by one-third of the real estate owners of said city to submit to the qualified electors thereof the question of the issue of said sewerage bonds in an amount to be therein specified, not exceeding seventy-five thousand dollars, the City Council of said city are hereby required to give at least three week's notice by advertisement in one or more of the papers of said city at the time and place of an election upon said issue, and of the names of managers appointed by them to conduct an election. Registration shall not be required as a qualification of an elector. At such election, those of said electors voting in favor of the issue of said bonds shall cast ballots with the words "Sewerage Bonds--Yes," written or printed thereon, and those opposed, with the words "Sewerage Bonds--No," written or printed thereon.

SEC. 6. That the coupons of said bonds shall be receivable for all taxes in said city; and for the purpose of paying the interest on said bonds semi-annually, as hereinbefore provided for, and the principal when due, it shall be the duty of the City Council to levy and collect the necessary amount upon the real and personal property in said city.

SEC. 7. That said City Council shall also have the power to condemn such private property as may be necessary for said sewerage, the same to be condemed and

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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.]

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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

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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 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 treeholders 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 ordinace, 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-

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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 the 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

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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