in the corporate name, and it shall be lawful to declare, generally, in debt for such penalty, fine or forfeiture, stating the clause of this act, or the ordinance under which the penalty, or forfeiture is claimed, and to give the special matter in evidence under it.

ed by summons or warrant.

SEC. 29. In all prosecutions for any violation of any Process commencordinance, or other regulation, the first process shall be by summons, unless oath or affirmation shall be made for a warrant, as in other cases.

SEC. 30. Execution in such case may issue immed-Executions. iately upon rendition of judgment; and, if the defendant has no goods, or chattels, or real estate, within the county, whereof such penalties, fines and forfeitures may be collected, the officer rendering such judgment may require the defendant to be confined in jail for a term not exceeding six months; and all persons so committed shall be confined one day for each two dollars of such judgment and costs.

license on products of this state except liquors.

SEC. 31. Nothing in this act shall be so construed shall not require as to authorize the city council to tax, or license the sale of the products of the State, except spirituous or malt liquors.

SEC. 32. The city council shall have power to re-Grades. vise and fix the grades of the streets of the city, and, when the grades are fixed and established, or have heretofore been fixed and established, the said city council shall not have the power to change the same, except by a three-Three-fourths vote fourths vote of all the aldermen elect.

necessary to change.

powers of council

SEC. 33. The city council shall have the power to contract an indebtedness on behalf of the city, and upon and contract the credit thereof, by borrowing money, or issuing the bonds of the city for the purpose of erecting public buildings; for the purpose of constructing sewers for the city; for the purpose of confining the channel of Cherry Creek, or for turning the channel of Cherry Creek, as hereinafter set forth, and for acquiring the right of way for the said new channel; for the purpose of the purchase or constructing of waterworks for fire and domestic purposes; for the purpose of the constructing or purchase of a channel or canals, or some suitable system for supplying

Limitation.

Loans how made.

water for irrigation in the city, and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the city. The total amount of indebtedness for all purposes, other than for the purchase or erection of waterworks and securing the necessary machinery and fixtures for operating the same, and the construction, completion and repair of the same, shall not at any time exceed three (3) per centum of the total assessed valuation of the taxable property of the city. No loan for any purpose shall be made, except it be by ordinance, which shall be irrepealable until the indebtedness therein provided for shall be fully paid, specifying the purposes to which the funds to be raised shall be applied and providing for the levy of a tax not exceeding in total amount for the entire indebtedness of the city twelve mills upon each dollar's valuation of the taxable property within the city sufficient to pay the annual interest and extinguish the principal of such debt within the time limited for the debt, which shall not be less than ten years nor more than fifteen years, and providing that said tax, when collected, shall only be applied to the purposes in said ordinance specified, until the indebtedness shall be paid and discharged, but no such debt shall be created except for supplying the city with water for irrigating purposes, and then not in excess of ten thousand dollars, unless the question of incurring the same shall, at a regular election of officers of the city, be submitted to a vote of such qualified electors of the city as shall, in the year next preceding, have paid a property tax therein; and a majority of those voting upon the question by ballot deposited in a separate ballot box, shall vote in favor of creating such debt.

Mayor to submit to SEC. 34. During the last quarter of each fiscal year ment of the prob- the mayor shall present to the council a detailed estimate thenienser of the money necessary to defray the expenses of the year. city government for the next fiscal year; and, for this purpose, may require from officers at the head of the different departments of the city government, including chairman of council committees, detailed statements of the probable expenses to be incurred in their departments. As soon thereafter as possible, the city council shall pass an annual appropriation ordinance for the next fiscal year, appropriating certain definite sums of money to defray the expenses incident to each department of the city government, based upon the estimate of the mayor, but not of necessity governed by it. The total amount appropriated by such appropriation ordi- Appropriation not nances shall, in no case, exceed the probable amount of money that will be received during the year by taxation, or from other sources of general revenue.

to exceed probable amount of taxes and other receipts.

SEC. 35. Neither the city council, nor any officer of shall not exceed

the city, shall add to the expenditures, in any one year, anything over and above the amount provided in the annual appropriation ordinance for that year. Provided, that nothing herein contained shall prevent the city council from incurring any expense, the necessity of which is caused by any casualty, accident or unforeseen contingency happening after the passage of the annual appropriation ordinance.

appropriation.

drawn.

how

SEC. 36. All warrants drawn upon the treasurer warrants; shall be signed by the mayor, countersigned and registered by the auditor, and attested by the city clerk, and shall state to whom payable, and from what fund payable, and for what purpose. The total amount of city warrants issued shall never exceed, in any year, the total shall not exceed innet income of the city, from taxes and other sources, for the same year, after deducting from such income the amount required to meet and discharge pre-existing obligations of the city, except its bonded indebtedness.

come.

crossings.

SEC. 37. The city council shall have the power to order the construction, re-construction and repair of all sidewalks, the grading and paving of streets, crossings sidewalks and and alleys; and, in all cases where a majority of the city council shall deem it necessary, the owners of a majority of any ground fronting upon any sidewalk, street or alley, or any specified part thereof, shall petition for the construction, re-construction or repair of the said sidewalk, pavement, or specified part thereof, the city council shall cause such work to be done.

SEC. 38. The expense of the construction and repair Expenses paid by of sidewalks, paving of streets, crossings and alleys, shall be assessed upon the property fronting upon the same, and such assessment shall be a lien upon said property, until it shall be paid. In case of failure to pay such How collected.

Various city officers

assessment in a reasonable time, to be specified by ordinance, the same may be certified to the county clerk and recorder, and by him placed upon the tax list for the current year, to be collected in the same manner as general city taxes are now collected, together with ten per centum penalty thereon, to defray the cost of collection; Provided, that the owner of said property shall have not less than thirty days in which to construct, nor less than five days in which to repair any sidewalk, in accordance with the plan detailed by ordinance, under the supervision of the city engineer.

ARTICLE III.

ELECTIONS.

SECTION 1. On the first Tuesday in April, 1883, an the elected cand election shall be held in each ward in said city for the

terms.

respective

election of a mayor, treasurer, auditor, city attorney, city engineer, and police judge, and one alderman from each ward in said city, to take the places respectively of the mayor, treasurer, engineer and alderman whose terms of office by existing laws terminate in 1883, who shall hold their respective offices for two years, and until their respective successors shall be elected and qualified. And for ever thereafter there shall be held each year, in each ward of said city, an election for one alderman for each ward, and every two years thereafter there shall be held, in each ward, an election for mayor, treasurer, auditor, city attorney, city engineer, and police judge of said city, each officer so elected to hold his office for two years, and

until his successor is elected and qualified. The city Registration to be council shall provide by ordinance for the registration of provided for by the qualified voters of the city prior to such general elec

tion, and in the appointment of boards of registration such ordinance shall be in conformity with the laws of the State concerning the registration of votes. No person shall be allowed to vote at any such election whose name does not appear upon such registry roll for the precinct. In all cases where two aldermen are to be chosen from the same ward at any annual election, the alderman having the highest number of votes shall be declared elected for two years, and the candidate having the next highest number of votes, for one year; and in the case of two successful candidates having an equal number of votes, the term of service to which they shall be respectively entitled shall be determined by the casting of lots in the presence of the city council, and the result shall be entered upon the journal of its proceedings.

SEC. 2. All qualified electors under the laws of the Qualifications

State of Colorado, and who shall have been actual residents of said city thirty days next preceding said election, shall be entitled to vote for city offices; Provided, that the said voters shall give their votes in the wards and precincts in which they respectively reside.

electors.

laws to govern,

of

SEC. 3. All laws which may be passed by the Gen-Registration; state eral Assembly of the State of Colorado, in relation to the registration of qualified electors, shall be taken and held to apply to electors and elections under this act.

by ballot.

SEC. 4. All elections for city officers shall be by Elections shall be ballot, and the manner of conducting the same shall be prescribed by ordinance, conforming as near as may be with the statute regulating State and county elections.

voting precincts.

SEC. 5. The city council shall have power, and it wards divided in to shall be their duty to divide any ward into as many voting precincts as in their opinion may be necessary; Provided, there shall be at least one voting precinct for every five hundred voters polled at the last preceding election.

ulent registering or voting.

SEC. 6. Any person who shall register or vote in Penalty for fraudany precinct at any election held under the provision of this act, in which he is not a qualified voter, shall be deemed guilty of a misdemeanor; and, upon conviction thereof, shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars. The police court of the city of Denver shall have jurisdiction of all Jurisdiction of pocases arising under this article.

lice court.

SEC. 7. Any general law passed, or which may be Regulating prima

passed, regulating primary elections for the election of candidates for office, shall apply to primaries for the selection of candidates for city offices.

ries.