Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-02-26
OFFICIAL.
-OF THE
Legislative Council.
PUBLISHED BY AUTHORITY
PUBLISHED BY AUTHORITY


ENGINEER.
SECTION There shall be an an,;n.or ~
besides performing the duties ASSUMED him
IN the act establishing this District. shaU
make out plans, specifications and estimates
for az public work, when ordered by the ieg-
lslatlIe ceunell lie shah write all contracts
pertaining TO his department, unless other-
wise or'ered, upon all accepted bids and
the contracts, when written out, shall refer
70, and make part OF them, the plans and
speclneations relating thereto; and in said
contracts the exact cost of the work shaii he
designated, If practicable, and in every in
stance u clause shall be inserted to the effect
that the same Is entered into, subject TO tbe
right, OF tho engineer and president Of tho
board of fire ahd police commissioner or mo
legislative council, to suspend such work for
any failure on the part Of the contractor. and
that such suspension shall not affect the right
ofthe Diltrictto damages or penalties incident
to such failure. No contract shall be binding
fishing this District.
Section 2-All contracts to which the Dis
trict shall be q party, and made in conformity
with the powers delegated in the charter, shall
be signed as provided in the acts of 1859, chap
ter III.
Section 3-AlI contracts for grading or paw
ing any street, avenue, sidewalk or wharf.
shall contain q provision that if the con-
tractor, OF any other person, shall bring or
cause to be brought on said street, avenue.
sidewalk or wharf, any materials which do
not strictly conform to the contract or Dis
trlct ordinances, the engineer or other proDer
officer OF the District, shall, on behalf of the
District, have the right to order the same to
be removed forthwith from of such street,
ayenu or wharf; and in case of neglect or
refusal OF the contractor, or those employed
by him, to remove such material, then to
cause the same to he removed at the expense
Of the contractor, and to deduct the expense
Of such removal, and all other expenses
thereon, from the account of the contractor;
Section 4-All contracts for any public work
or improvement shall contain a provision
that the penalty for each days neglect to an
ish the work according TO contract, beyond
the time fixed therein, shall be ten dollars,
when the gross amount to be paid the con-
tractor shall be five thousand dollars or less,
and ten dollars per day additional for every
FIVE thousand dollars beyond that sum or
such penalty as may be prescribed at the time
by the legislative council, to be specified in
theeOntract,
Section 5-The engineer shall perform all
the surveying and engineering that may be
ordered by the Legislative council or BY the
president of the board Of fire and police com
missioners. He shall also furnish, whenever
called upon by any builder or real estate
owner free Of charge, the corners of streets
and alleys, and the true grade and line of
said streets and alleys where grades and lines
have been fixed and established by the legis-
latiYe council.
Section 6-The engineer shall superintend
all the public works requiring his attention,
whether dene by contractors or by the Dis
triet laborers or work-house eonvicts; and the
power is hereby vested in the engineer and
the president Of the board of FIRE and police
commissioners or either Of them, to suspend
such work upon Il failure of any contractor to
perform MS contract, and in other cases
wherever the interest Of the District plainly
requires it, which said suspension of work
shall be communicated By the party making
IL to the legislative council, at their next
meeting thereafter, together with the reasons
for such suspension, in writing.
Section THE engineer shall be furnished
with q suitable Office, in which he may be
found at regular and appointed hours daily.
In his said office he shall carefully keep all
maps, plans, surveys. estimates, books, in
struments and other things pertaining. to his
office; and shall Keep in convenient form and
in books, copies of all contracts made by the
legislative council, as also copies of ali i'm
pOrtant communications made to ST BY him,
from or to other departments Of the District,
with a systematic account Of his official trans
actions.
Section S-Tho legislative council shall,
from time to time, purchase and deliver to
the engineer, to be By him held for the Dis
trict, such instruments, books, stationery and
material as tho legislative council may deter
mine to be necessary to u proper discharge of
the duties of his office. He shall make
monthly reports to the Legislative council Of
the work going on, under his supervision and
I IWhAANAN NlN AAAA ~ HIGnElt ~ AI1 ltNHIHT
meetings Of the legislative council.
Section 9-He shall appoint, from time to
time, with the advice and consent of the leg
~islative. council, such assistants and employees
MS may be deemed necessary TO the proper ex-
ecution Of the duties Of his office; and the
compensation of said assistants, etc., shall
be fixed by the legislative council, and he may
retain or discharge such assistants, etc., at
pleasure, unless otherwise ordered by the
legislative council.
Section l0-When the grade of any street,
alley or avenue has been fixed by the legisla-
tive council Of the District, a profile of such
street, alley or avenue, showing the grade es-
tablished. shall be deposited in the engineers
office, and he shall publish for thirty days, lin
a daily newspaper, the fact that such grade Of
such street, alley or avenue has been filed as
herein Iequired, and notify all parties inter-
ested in property on such street, alley or ave-
nue., TO examine, the profile, and to present
any objection they may have thereto, in
writing, within thirty days, to the legislative
council.
Section 1l-When any work or repairs is
ordered or required to be done by the engi-
neer. on any bridge, street or sidewalk, OF
upon any public property or buildings, the
engineer shall hire the required lab0rers or
mechanics at the lowest price for which he
can get them; provided, always, that the
amount paid shall be below the maximum
fixed by the Legislative council; provided,
further, that whenever an emergency arise.
in which the engineer is required, for the pro-
lection Of the public interest, to make imme.
diate repairs whore the outlay will not exceed
one hundred dollars, he shall submit to the
president Of the board Of fire and police ON
missioners and chairman Of the board o.
public works, a statement of the required
work, and with their approval in writing he
may proceed to have il done. He shall have
general care and supervision of the streets
, alleys, lanes, bayousi promenades and otheI
public grounds of the District, and Of al
bridges and cutters in the District, to keel
the same in good repair.
Section l2-The engineer shall control ant
manage the work-house %conyicts and laborinl
force of the District, and, together with thu
: missioners and chairman of the board o
public works, may employ such q wOrkinj
force as may be necessary to do the work o
the District, and shall have the control ant
management of tho District mules, carts
tools, etc., except. such mules, carts, tools
etc. as belong to the sanitary department 0
the District. He shall report to the first meet
: ing of the legislative council in each mont!
his official transactions, work. done, worl
needed, money expended in each ward of tn
District, and the general condition of hi
department.
BE il ordained by tho legislative council
That occupants of any and all premises front
ing on any street or alley in the Taxing Dis
trict shall clesn up the sidewalk, g%utterin
and also the street or alley to the center o
the same, the whole front Of said lot or prem
iscs twice n week tthe time in the week to b
designated by the board of healthy, and pill
up the cleanings in the center of the street o
alley for the garbage carts; and II the stree
OF alley bound more than one side of any 10
OF premises the occupant of such lots 0
: premises shall clean both streets or alleys a
j a hove provided. And if there be no oceupan
of such premises, the owner, or If he is a non
resident, hts agent, shall have the cleanin
done; aud If such owner or his agent cannC
he lound the engineer shall have the cleanin
done at lhe cost Of ihe owner. And THIS orc
well AS on the side of any lot or promise,
provided, that on all stroots where street raj
roads or other railroads run, the railroa
company shall clean gp between their track
c and two feet on each sac OF lhe same,
, 2-Anyono convicted before the president
H. hnnrd of Ere and police eommissinno