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secretary of the sinking fund. The treasurer and secretary of the sinking fund shall, from the oath of the applicant or other evidence, recommend to the general council the grade in which the applicant shall be classed under the ordinance of said city when the application is to license a tavern, coffee-house, or other place wherein spirituous, fermented, malt or vinous liquors are sold. In granting all other licenses, the treasurer and secretary of the sinking fund shall, from the oath of the applicant or other evidence, ascertain the grade in which such applicant should be licensed; but said applicant shall have the right, within ten days, to appeal, in writing, to the commissioners of the sinking fund from the action of the treasurer and secretary, and the commissioners shall have power to determine in which grade the applicant shall be placed. In all cases where the amount of license to be paid by any person, firm or corporation, is based upon or regulated by the amount of sales effected or business transacted, such person, firm or corporation, shall render a sworn statement to the treasurer and secretary of the sinking fund of the total amount of sales made or business done by them respectively during the preceding year, which statement shall be considered in determining the amount for which such license shall be renewed. The general council may also levy a yearly license tax, of not less than two dollars, on dogs, as under section 8 of the charter of 1870. The enforcement of the license law and collection of the tax on licenses shall remain, as heretofore, under the control of the commissioners of the sinking fund. The ordinances on this subject now in force shall remain in force, as far as compatible with this section, until repealed by the general council.

5. All provisions hereof referring to the liability of property to assessment shall go into effect with the next general assessment after the passage of

this act; and the assessor shall have power, in the proper cases, to make, in the schedules prescribed by ordinance, the changes necessary under this act. The abolition of the payments heretofore made from the sinking fund for the benefit of the school fund shall take effect January 1, 1889; otherwise this act shall go into effect from its passage.

Approved April 20, 1888.

Names of incorporators and cor

CHAPTER 1195.

AN ACT to incorporate the Artesian Oil and Natural Gas Company.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That J. W. M. Field, S. M. Deane, R. S. Triplett, J. D. Powers, R. S. Hughes, G. V. Triplett, G. porate powers. W. Gates, J. A. Fuqua, J. A. Hickman and Sam Elliott, and their associates and assigns, are, be, and they are hereby, incorporated by the name and style of the Artesian Oil and Natural Gas Company; and by such name shall have perpetual succession, with all the rights and privileges of a body-politic and corporate, to contract and be contracted with, sue and be sued; to have and to use a common seal, and the same to alter and amend at pleasure; to take, hold, own and in anywise alien property, real, personal and mixed, necessary to the conducting of its business, and to establish by-laws and make rules and regulations for the management of its affairs, not inconsistent with the Constitution and laws of the State of Kentucky or of the United States.

affairs by whom.

§ 2. The business of the said corporation shall be Management of conducted by a board of directors of not less than seven directors, who shall be elected for a term of one year, or until their successors are elected and qualified. The stockholders shall meet within thirty days

after their organization and elect a board of directors, and shall elect from the said board of directors one of its members for president and vice-president. The board of directors may elect such persons as they may select and deem proper for the place of superintendent, secretary and treasurer, or they may elect one person. to the place of secretary and treasurer. The meeting of the board shall be held in Owensboro, Kentucky; said meetings shall be called by the president of said company, and in his absence by the vice-president. The powers, duties and compensation of the officers shall be prescribed by the board of directors. In all meetings of the stockholders, when properly called, they shall vote in person or by written proxy, and shall be entitled to one vote for each share of stock held by said stockholder. A notice of all meetings called for stockholders shall be published in one newspaper published in Owensboro, and the notice shall be so published five days previous to said meeting.

§ 3. The capital stock of said company shall be five Capital stock. hundred thousand dollars, divided into shares of one hundred dollars each, which shall be considered personal property, and subscribed, paid for and paid in the manner provided for in the by-laws of the company. The stockholders may, by a two-thirds vote, at a meeting called for that purpose, increase the capital stock to a sum not greater than one million dollars.

§ 4. Said company is empowered to develop, pro- Class of business duce, utilize, convey and sell, or in any way otherwise dispose of petroleum, natural gas, salt water, or any of them which may be upon or come from any of the lands of which said company may own, lease or control in the counties of Daviess, McLean, Ohio, Breckinridge or Grayson, in the State of Kentucky, or upon which, for any of said purposes contemplated by this act; and to these ends said company is empowered to drill, bore or in anywise sink and maintain 26-LOCAL LAWS, VOL. 3.

May open streets, alleys, parks, etc.

land, etc.

wells for the purpose of producing such petroleum, natural gas and salt water, or either; and also to construct, lay, maintain and operate derrick, pipes, buildings, machinery, tanks, receivers, gasometers, warehouses, manufactories, and any other improvements or appliances, in or by means of which such petroleum, natural gas, salt water, or either, may be produced, stored, distributed, sold or utilized; and to construct, lay and operate conduit pipes of any kind, and any other suitable means for the conveyance, distribution, storing, sale and utilization of the same, either upon, under, to or from any of said lands or other places.

5. With the consent of the city of Owensboro, by ordinance or resolution of its general council, subject to reasonable regulations aforesaid, the said company shall have power to open the ground in any street, alley or park, or other public places, within said city limits, and lay thereon, remove, alter and repair such pipes for so constructing and distributing said natural gas; restoring such ground, however, and any pavement or other improvement thereon, to as good condition as before, within a reasonable time thereafter; and in doing the acts in this section mentioned, said company shall do no injury to any gas or water pipe, or connection or sewer, laid within said ground, and shall be liable in damages for any such injuries to said city, or any other corporation or person sustaining the same.

§ 6. In order, for the conveyance of such natural Lease and, use of gas to said city of Owensboro, or to the Falls of Rough, or Calhoon, Kentucky, or other town or city in the counties of Daviess, McLean, Ohio, Grayson or Breckinridge, or to the manufactories aforesaid in said counties, or either, said company shall have power to acquire by purchase, gift, or as hereinafter provided under the law or general law of this Commonwealth, the use of any land along such route or routes in said counties, or either of them, as may be

selected by said board of directors of said company, to lay, maintain, and repair such pipes and any buildings, retorts, and any other apparatus needed to be [ used in order to the proper and economical conveyance of such gas as aforesaid, and in order to such acquisition, by such proceedings as aforesaid of such use of land. Said company shall cause such use of in order and under only so much land as it may fairly deem necessary therefor, to be valued, condemned, and by it paid for in the manner provided for by law relating to such acts.

private property

§ 7. Private property of the incorporators and stock. Exemption of holders of said company shall be exempt from its corporate debts and liabilities.

8. This act shall take effect from and after its

passage.

Approved April 20, 1888.

CHAPTER 1196.

AN ACT to incorporate the Lexington Model and Machine Works.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That C. E. Scott, T. G. Saxton, Ulrich Wassmer, M. P. Robinson, their associates and successors, be, and they are, created a body-politic and corporate, under the name of the "Lexington Model and Machine works," and are made capable of contracting and being contracted with; by the said name are made capable in law to sue and be sued, to plead and be impleaded, in any court in this Commonwealth or elsewhere; and to adopt, amend and put in operation by-laws for the government of the said corporation not inconsistent with this charter, the Constitution and laws of this State, or the United States.

§ 2. The capital stock of the said corporation shall

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