San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1886-02-18

Obstruction of Streets, Alleys and Side
Walks.
Sec l. Be Il ordained by the City Council Of the
City Of San Marcos, that all parties who n W have
any part Of any Street Or Alley, according TO the
original maps or plats of the original tbwn Of San
ARGOS, or any addition thereto, enclosed or en-
croached upon by fence, buildings, or any other
improvement or obstruction OF any character, shall
remove the same within sixty days aiier the pnO-
LEGATION of this ordinance: any person falling to c. M.
ply with the requirements oil this ordinance shall
upon conviction therefor be lined in any sum not TO
exceed five hundred dollars and may be put to
ard labor upon .ny street alley or public work OF
said city ut fifty cents per day until said fine aud
costs are paid
Sec. > 1t shall be the duty OF the City Marshal
TO that this ordinance is enforced, and at the
expiration OF the sixty days from the publication OF
OF This ordinance to remove all such Constructions
found upon any street alley within this City as
nuisance.
Sec g. IN the event ola dispute as to the line OF
any street and alley supposed 10 be obstGucted or
encroached upou by any party as contemplated in
this or finance, the party owning such improve
ments or Obstruciions, may apply to the Committee
OH streets aud alleys OF this City or any member Of
said Committee for survey to be made aud it shall
be the duty at such committee or some me,mbers OF
the Committee to have the City Engineer TO SUR
vcyhe disputed line, and to have all property
owners interested therelu summoned 10 be present
at the time OF such survey: and the liIe determined
NJ. on by the City Engineer. shall b. deemed the
correct line aud shall be couiormcd to BY the own
UI such improvements OF property, anu tle
property Interested In said survey shall be
huigcuble with the expenses thereof. to be recuy-
cred by the City in any Court Of competent juriS-
dicon. Tor the benefit OF The parry making the
same.
Sec. Any person who shall obstruct any
street, alley or sidewalk, within this city for a
greater length OF six hours, aud then only Tor the
purpose OF making improvements or repairs, or re-
moving property from place to place. without first
obtains x the written CON ent Of he Committee on
Streets and alleys or ijority oisad Commi,te or
the may or shall on conviction be hned In any sum
not exceeding i've hundred dolars and may be put
to hard labor Oh any street. alley, public work o.
said city uuti such fine and costa are paid. And
each day such obstruction remaius shall constitute
separate offence.
Sec. 5. In cafe OF the owners Of land and i'm =
provements of any kind, desile to have survey Of
any street or alley rs p divided in the third sect on
VI this ordnance he they shall make applica-
ton In writing addressed to the commLiee streets
and alleys some OF The memb rs OF said commit
tee Tor such such survey, designating the street
alley or part OF street or alley he or they may de,
sire survey ed which application shall be Gade with
in forty days alter the pu Ocalon OF this ordinances
aud such person, or per ons shall have hieen days
after said survey ia made by The City Engineer. in
which to remove any encrOachment or obstruction
tounj 10 be in oh street or alley.
sec. 6. Alter the expiration Of the sixty days,
provided in the first section OF this ordinance,
and tue obstruction Gncioachment in any street
alley has not been remoted, It shall be the duty
Of the City Marshal OF his ASSISTANT to report such
failure to remove 10 the Committee on .Ieets and
alleys, or to come one Of the members OF said com
mittee and ihereupOn it shalt he the duty Of said
committee or some OF the members Of said
committee. to order the Marsh,lto remove at once
such obstruction or eucroachment. Said order shall
be in writing. and signed by tue committee or some
member OF the committee--or said committee or
some mcmbsr said committee, may OF IhriT or his
knowledge order the Marshal to remove such OBJ
structions encrOuchments, in which the or.
der shall be writing and signed herein be lore
provided. Aud to feet the removal Of any OBJ.
finn M lis
ordinance, the lily Marshal has authority TO sum-
mon TO his aid such force and assistance as may be
necessary at the expense Of the City Provided, II
the COMMITTEE OIL Streets and Alleys or any one
member of said committee has any, doubt, or there
~ any uncertainty as to the true boundary OF any
street allev al it is uncertain AS to whether
such street or alley Is obsructed OF encroached up
forth in the first section OF this idinancc
in such case said committee or any member Of 1t
sh all not order sucn removal I'LL the boundaries Of
such street or alley are established by the City
Engineer, and for this purpose said Committee or
any member Of it may order the engineer to estsb.
lSh the boundaries of of such street alley b. set
ual survey: and this section, far survey is
concerned, only zpp'les Ic such streets or alleys
where there Is dLUUt % Uncertainty 10 bOCndar-
les OF same.
Sec. Z. In case any survey is made provided
In tho sixth section Of this ordinance. before such
survey is made notice in writing shall be given
to The owners OF the property to be affected By
such survey, their agents or legal representatives,
Such shall state the day such survey Is TO be
made and shall be signed by the committee on
streets ami alleys some one Of the members OF
said committee aud shall request the presence
said survey Of owner his agent or legal representa-
five. Il shall be the duty Of the MARSHAL or his
assistant all notices required b. this orni
ance and they shall certify urder their hands the
day and date OF such service, aud file same with
the committee some member If he same on
streets and alleys And II g. provided further. shat
il on m making the survey provided in the sixth
ton Of this FINANCE 1t shall be found II shsll be
found that the street or alley 50 surveyed is OBJ
structed or encroaChed upon, all the expenses u
such survey and the removal Of distractions and
croschments shall be paid by the owners d the
same. TO be recovered as Is provided in ths third
section Of this ordinance II the street alley on
the making Of said survey Is found 10 be uuob-
strpctei the expenses oi said sdrvey shal be paid
by tie city
Sec. :. The expense OF removing any obsTuc-
tiou- in am street, alley sidewalk divided for
by this ordinance when done hv the city or its Az
thority shall be a. the expense o. the person or
persons ctusing the sane. and such eApcnse mag be
recovered by the city provided 10 the third
tion o. Ibis ordinance. Approved.
wN GIESEN, MarOa
The above Ordinance duly psssed - the
meeting ofthe City Csuncil ID cir session FEB -
lSss. En. !. T.. GRFEN. Secretary.