San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1886-02-11

| AN ORDINANCE. Require the Opening
of Streets and Alleys and to Prevent the
Obstruction of Streets, Alleys and Side
Walks.
secl. Be Il ordained by the City Council of the
City Of San Marcos, that all parties who have
any part OF any Street or Alley, according to the
original maps or plats Of the original town Of san
Marcos, or any addition thereto, enclosed or en-
| croached upon by fences, buildings, or any other
improvement or obstruction OF any character, shall
remove the same within sixty days after the pub
LEGATION OF this ordinances any person falling TO
ply with the requirements OF this ordinance shall
upon conviction therefor, be fined In any not TO
exceed five hundred dollars and may be put to
ard labor upon ny street. alley, or public work Of
said city at fifty cents per day until said fine and
costs arc paid.
Sec. = II shall be the duty OF the City Marshal
to that this ordinance is enforced, and at The
expiration oil the sixty days from the publication of
OF This ordinance TO remove all such distractions
found upon any street or alley within this City
nuisance.
Sec 3. In the event ola dispute as to the line OF
any street and alley supposed TO be obstructed or
encroached upon by any party ns contemplated In
this ordinance. the party owning such improve
ments or distractions, may apply to the Committee
streets aud alleys of this City, any member Of
said Committee for survey to be made aud 1t shall
be the duty Of such committee some members OF
tho Committee to have the City Engineer to sur
voy the disputed line, and TO have all property
owners Interested therein summoned to be present
at the time OF such survey and the line determined
upon by the City Engineer. shall b. deemed The
correct line and shall be CONCERNED to by tine own
ers OF such improvements or property. And the
property owners interested In said survey shall be
chaigeabe with the expenses thereof. to be rccov-
cred by the City In any Court Of competent juris-
dicton. for the benefit Of the party making the
same.
Sec. Any person who shall obstruct any
street, alley or sidewalk, within this city for 4
greater length Of six hours and then only for the
purpose OF making improvements or.fepars, or re-
moving property from place to place. without frs.
obtaining the written consent of he Committee On
Streets and alleys or M GRITTY otsad Commute or
the mayor, shall on conviction be fined in any sum
not exceeding five hundred dollars and may he put
to hard labor any street. alley, public work o.
said city unit such fine and costa are paid. And
each day such obstruction remains shall constitute
separate oirepse.
sec 5. In case Of the owners Of land and i'm
provcments Of any kind, de.ire to have survey Of
any street "r nlley pi divided in the third
OF this ordnance, he or they shall make appca-
tion in writing addressed to the committee on sre-s
and alleys or some OF The memb rs OF said commit
tee for such such survey, designating the street
alley, or part Of street or alley he they may de-
sire surveJ ed: which application shall be made with
in forty days after the publication of this ordinance
and such person. or per ons shall have fifteen days
after said survey is made by the City Engineer. in
which to remove any encroachment or obstruction
found to be in sch street or alley.
Sec. 9. After the expiration Of the sixty days,
rs provided In the first section Of this ordinance,
and the obstruction or encroachment in any street
alley has not been removed It shall be the duty
of the City Marsha or his assistant to report pnch
failure TO remove to the Committee on streets anS
alleys, or to some one Of the members OF said com
mittee and thereupon 1t shall be the duty OF said
committee or some one OF the members Of said
committee, to order the Marshal to remove at once
inch obstruction or encroachment. Said order shall
be in writing. and signed by committee or some
member Of the cOmmttee:--or said committee or
some member Of said committee, may OF their or his
knowledge rider the Marshal to remove such OBJ
sructons or encroachments, In which case the or
der shall be IN writing and signed herenbeiore
provided. And to Feet the removal of any oh
struction or encrOachment a. provided for iu this
ordinance, the City srsha has authority to sum
mon to his aid ruch force and assistance as may be
necessary at the expense of the City -Provded, il
The Committee on Streets and Alleys or any one
member Of said committee has any, doubt, or there
IL any uncertainty as to the true boundary Of any
street or allev 30 that 1t is uncertain to whether
such street or alley is obStruced encroached up
BON set forth In the first section of this ordinance
n such case said committee or any member OF il
hall not order such removal till the boundaries of
uch street or alley are established by the City
engineer, and for this purpose said Committee
my member Of it may order the engineer to estab.
ish tho boundaries of Of such street alley bs act
lal survey; and this section, far survey is
only applies TO such streets or alleys
where thereis DOUBT or uncertainty as to boundar-
es Of same.
n tho Sixth section Of this ordinance, before such
urvey is made notice in writing shall be given
o the owners OF the property to be affected by
UGH survey, their agents or legal representatives,.
lade and shall be sgned by the committee on
treess and alleys or some one OF the members o.
aid committee, and shall request the presence
aid survey OF owner his agent legal representaa
We. 1t shall be the duty Of the MARSHAL or hi
SisStant ia serve all notices required by this ordin-'
nee and they shall certify under their hands the
ay and date OF such service, and file same ~ith
ne committee some member Of the s'me on
lrees and alleys. And II Is provided furtheT mat
on making the survey provided in the sixth sec
ION OF this ordinance II shall be found IL shall be
'und that the street alley so surveyed is 90
iructed urencroached upon, all the expenses oil
nch survey and TIE removal OF distractions and er
roachments shall be paid BY the owners 6f the
ame, to he recovered as is provided In the third
ection OF this ordinance n the street or alley
he making Of said survey is found to be unob-
rucied the expenses Of said survey shall be paid
= the city
Sec s. The expense Of removing any obstrue-
Gus in any street. alley sidewalk provided for
y this ordinance when done bu the City its au-
lOrity sha n he at the expense OF the person or
srsons causing the same, and such expense mar be
covered BY The city provided 10 the third sec
on Of this ordinance. Approved.
WI. GIRSEN. MAToH
The above Ordinance was duly passed Al tho
Getting Of the City Council At N eff session Peb q
Sc. I'D. J. L. GRFEN. Secretary.