CHAPTER 1010. AN ACT to extend the boundary line of the City of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the boundaries of the city of Louisville shall be as follows: Beginning at low water mark on the Indiana side of the Ohio river, opposite the northwest line of the town of Portland; thence southwardly with the west line of Portland to the south line of Bank street; thence westwardly with Bank street two hundred and ten feet south thereof, to a point eight hundred feet west of the west line of the Shippingport road; thence southwardly parallel with said road to the south line of Jefferson street; thence eastwardly with Jefferson street to the west line of said Shippingport road; thence southwardly with said road to the south line of Oakland avenue extended, to a point two hundred and ten feet west of the west side of Seventh street; thence southwardly, and parallel with the west side of Seventh street, to a point two hundred and ten feet south of the south line of Shipp's avenue; thence southwardly, and parallel with said Shipp's avenue, to a point two hundred and ten feet west of Third street; thence southwardly, and parallel with Third street, to the south line of the House of Refuge land, and following the boundaries of said land to Shipp's avenue, at a point two hundred and ten feet east of Second street; thence northwardly, and parallel with Second street, to Mrs. Williams' south line; thence eastwardly, and parallel with the old boundary line, to a point southwardly of the point where said old boundary line strikes the south fork of Beargra s creek; thence northwardly to the point where said old boundary line strikes the south fork of Beargrass creek; thence with the meanders of said creek to a point two hundred and ten feet southwardly of where Stewart avenue, if extended, would strike said creek; thence eastwardly, and parallel with the south line of Stewart avenue extended, to a point two hundred and ten feet east of the centre line of Beargrass cut-off to the property of the Kentucky Institute for the Blind; thence with the boundary line thereof, leaving said property inside the city, until it strikes the aforesaid line of two hundred and ten feet east of, and parallel to the centre line of Beargrass cut-off extended; thence northwardly with said line, across the Ohio river to low water mark; thence with the meanders of said river, at low water mark, to the point of beginning. § 2. This act to take effect, and the boundaries therein provided for to be held as established, from the passage of this act. Approved March 9, 1868. 1868. 1868. CHAPTER 1011. AN ACT for the benefit of the City of Louisville. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That, to enable the city of Louisville to purchase the Louisville Gas Works, in accordance with the provisions of the eighteenth section of the existing charter of the Louisville Gas Company, the mayor of said city, under the direction of the general council, shall have power to issue and dispose of bonds of said city, payable at any time within thirty years from date (with coupons attached for the semi-annual payment of interest at the rate of eight per cent. per annum), to an amount sufficient to raise the necessary funds to make the purchase aforesaid; and to pay the principal of said bonds, and the interest thereon, as the same shall fall due, the general council of said city shall have power and authority to assess, levy, and cause to be collected, from time to time, an annual ad valorem tax of not exceeding twenty cents on each one hundred dollars' worth of property within the limits of said city, at the dates of the several assessments, subject to taxation for State purposes by the revenue laws of the State of Kentucky. § 2. And in case the city authorities aforesaid deem it proper, they are hereby further authorized and empowered to cause to be temporarily appropriated, out of the means of the sinking fund of said city, an amount sufficient to effect, in whole or in part, the purchase of said gas-works; if in part, the balance to be paid for by the issual and disposal, to a sufficient amount, of the bonds mentioned in the first section of this act; said amount so obtained from the sinking fund to be returned thereto with interest, and to be raised by a special ad valorem annual tax not exceeding twenty cents on each one hundred dollars' worth of taxable property in said city, to be by said general council assessed and levied on all property in said city, at the dates of said assessments, subject to taxation for State purposes, by [the] revenue laws of the State of Kentucky; the payment of the taxes mentioned in this and the preceding section to be secured by lien on the property taxed, and to be collectable in like manner as other taxes imposed by said city. 3. And for the taxes mentioned in the first and second sections hereof, when paid, the tax-payer or his assigns, shall be entitled to stock in said gas works, and to certificates of such stock upon presentation of the tax receipts; said tax receipts and certificates to be transferable by indorsement thereon. § 4. When the city of Louisville shall have purchased the gas works, as herein permitted, the capital stock there of shall be divided into shares of one hundred dollars each, and the affairs of said gas works shall be managed by a president and seven directors, four of which shall be elected first by the general council of said city, by ballot, in joint session, and three elected by the stockholders; and said directors shall elect a president as soon as practicable. After the expiration of the first year in which the taxes aforesaid shall have been collected, and annually thereafter, the president and directors of said gas works shall be elected by the stockholders from among their number, each stockholder, including the city, to be entitled to the number of votes in proportion to the shares of stock held by each; and at all elections the stockholders may vote in person, or by proxy authorized in writing, and each share shall be entitled to one vote. § 5. The affairs of said gas works shall be managed by said president and directors, who may fill vacancies in their own board, and appoint such other officers and agents as may be required to conduct the business. The president and directors shall hold their offices until their successors are elected, and a majority of them shall con stitute a quorum. From and after the purchase of said gas works, as herein permitted, the president and directors and stockholders shall have all the rights and powers, and be subject to all the duties expressed in the act incorporating, and in the various acts heretofore passed as to and concerning said Louisville gas works; and the various acts heretofore passed for the protection of the property of said gas works, and imposing penalties for injury to the works, or any thing used in conducting the business, shall be held. as being still in force, and applying to the gas works after said purchase, and as though the purchase had not been made. § 6 The general council of the city of Louisville are hereby vested with power and authority to pass such ordinances as to them shall seem proper, to afford any further or additional protection to said works, either in or out of the corporate limits of the city of Louisville: Provided, Such ordinances be not inconsistent with the constitution or laws of this State or of the United States. § 7. It shall not be necessary for any ordinances passed, as permitted by this act, to be submitted to, or approved of by, the vote of the voters of said city. § 8. This act shall take effect from its passage. 1868. 1868. CHAPTER 1012. AN ACT for the benefit of the City of Louise, and to amend the Charter of said City. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. From and after the passage of this act, should the mayor of said city, by reason of his absence from the city, or sickness, or other disability, be prevented from discharging, or unable to discharge the duties of his office, the president of the board of aldermen shall discharge the duties of the office of mayor during such absence, sickness, or disability, unless another person may be elected for that purpose by the general council by viva voce vote, in joint session. A meeting of the general council for the purpose of such election may be called either by the president of the board of aldermen or common council, on the written request of any five members of the general council; and said council shall allow such compensation to the mayor pro tem. as they may deem adequate for his services, not exceeding in proportion the salary of the regular mayor; and if they think it just, may order the amount so allowed to be deducted, either in whole or in part, from the salary of the regular mayor. § 2. The provisions of the eighth section, of article three, of the city charter, which requires the council to meet "regularly once in every two weeks," is hereby amended, by substituting the words "at least once," in lieu of the word "regularly." § 3. Section four, of article four, of said charter, is hereby amended by adding the words "or resolution," after the word "ordinance," at the close of said section. § 4. The validity of the city ordinances may be tried by a writ of prohibition from the judge of the Jefferson court of common pleas, with the right of appeal to the Court of Appeals by either party. § 5. Should the judge of the city court decide against the validity of any city ordinance, said decision, with the ordinance, shall, on request of the city attorney, be certified on the record, and the city of Louisville shall have the right, by appeal, to carry said decision for review direct to the Court of Appeals, or to the Jefferson court of common pleas; and thence to the Court of Appeals, if the city should so elect. § 6. All laws relating to the city of Louisville, directing the collector or receiver of taxes to levy on the personal property found in the city of the person owing the tax bill, or upon personal property belonging to any tenant of, and found in or upon any house and lot belonging to, the person owing the tax bill, for the taxes due on the property occupied by such tenant, are hereby so amended, that, in order to preserve the lien for the taxes upon the property on which said taxes shall have been assessed, it shall not be the duty of the collector or receiver of taxes, nor shall he be required, to levy on personal property as aforesaid, unless he be in time and duly notified in writing by the proper party of there being such property, and unless, also, a full and proper opportunity be afforded him to levy thereon; nor shall the lien for said taxes upon the property on which the same may be assessed be destroyed, impaired, or affected in any degree, if the collector or receiver of taxes be at any time, or in any manner prevented, restrained, or denied the privilege of making the levy on personal property as aforesaid, and taking possession thereof. § 7. On and after the commencement of proceedings by the city in the city court of Louisville, to condemn property as now authorized by law, it shall be lawful for the city to require, and by rule of the court to compel, the owners or claimants of any of the property proposed to be taken to file in court a chain of their title and evidences thereof, and an accurate description of the location, metes and bounds of the property sought to be condemned, and so claimed by them. And when the finding of the jury shall be traversed in part, or the finding of the jury upon the matters traversed shall be taken to the Court of Appeals, the city shall not be compelled or required to elect as to taking any of the property sought to be condemned, until the traverse or appeal shall be tried and decided upon. It shall be lawful for the city to pay into said city court the amount adjudged by said court, upon the matters of condemnation of the property, which amount so paid shall be held subject to the orders of said court, and only be paid out under and in compliance with the orders of said court; and the clerk of said court, and the sureties on his official bond, shall be liable for all moneys paid into said court as herein permitted. It shall be the duty of said court to require adverse claimants of any part of the property condemned, or sought to be condemned, or of the money paid into court therefor, to interplead, so as fully to settle and determine their rights and interests according to justice and equity; upon which matters said court shall decide, and from the decision either party may appeal to the Court of Appeals, when the amount in controversy shall authorize such appeal under existing laws; but the right of the city to take and hold the property condemned, after payment into court of the amount assessed therefor by the jury, or adjudged by the court, shall not be affected or delayed by reason of any persons contesting with each other the right to said property, or the money allowed therefor. It shall also be the duty of the court, before giving leave to either party to withdraw from the fund in court allowed for the property claimed by 1808. |