and are likewise authorized and empowered to levy an annual tax upon all the property in Kenton county subject to taxation for revenue purposes, not exceeding twenty-five cents on the one hundred dollars' worth of property situated outside the limits of the city of Covington, to be collected by the sheriff and collecting officers in like manner and under similar responsibilities and for like compensation, and applied to the keeping of all of said turnpike roads in proper and equal repair, and for the redemption and payment of all such bonds. § 7. All bonds issued under this act shall be signed by a majority of the board of commissioners and countersigned by the county judge of Kenton county, attested by the county clerk, with county seal attached; coupons shall be signed by a majority of the commissioners and attested by the clerk of the county court; and all bonds issued under and by virtue of this act shall be so printed as to contain the entire first section of this act. When the bonds are properly signed, and before they are delivered, each one of them shall be listed and registered by the county clerk in a special book to be kept for that purpose, to be known as the county bond book; and the registry shall contain an attested copy of this act, and also show the names of all the officers signing and attesting the bonds, and to whom delivered. And it shall be the duty of said board to make an itemized report of all issues and sales of bonds, and disbursements of the proceeds under this act, at least once every year, which report shall be made to the judge of the county court by the clerk of the county court for the board of commissioners, and recorded in said county bond book and preserved for reference; and certified copies of such reports and settlements shall be lawful evidence of all matters to which they relate in all courts of competent jurisdiction. The settlement shall show what has been done with the funds. The clerk of the county court shall receive the same pay for his services under this act as now allowed by law for similar services in certifying other records, and making and recording settlements of the estates of deceased persons. § 8. In all cases where any particular repairs on any of said turnpike roads, after the tolls are abolished, shall amount to more than fifty dollars at any one point on the road, the work shall be let out to the lowest and best bidder, and neither of the commissioners, nor the superintendent, nor any county officer, shall be a bidder for any such work, either directly or indirectly. § 9. Any person aggrieved by an assessment of his property under this act, may appeal from the board of commissioners to the county judge, and the judgment thereon by said judge shall be final. No further appeal shall be allowed. 10. Whenever said board of commissioners shall determine that the interest of the people in any part of the county require the construction of a new turnpike road in any part of Kenton county, said commissioners may make the charter in the county court, and give the road such name as they please; and in such name, for the use of Kenton county, in cases where the owners of lands will not donate the right of way for such turnpike road, have a writ of ad quod damnum issued, and proceed as any other litigant or company to condemn the land over which the road is to go, and use the funds herein provided in paying for such right of way. 11. That the first ten sections of this act shall be submitted to the legally qualified voters of Kenton county, outside of the city of Covington, at the regular August election to be held in said county on the first Monday in August, 1888; said election shall be advertised by the sheriff of said county as other elections are by law required to be advertised; and the clerks of said election shall propound to each voter offering to vote the question: "Do you vote in favor of the turnpike bill which is now submitted, or against it?" and his vote shall be recorded "yes," or "no," § 12. All acts and parts of acts in conflict with this act are hereby repealed; and sections eleven (11) and twelve (12) of this act shall be in force from the passage of this act. Approved April 26, 1888. Construct and operate double CHAPTER 1275. AN ACT for the benefit of the lot-owners and residents of New Broadway street, in the eastern portion of the city of Louisville. WHEREAS, It is represented and shown to the present General Assembly that New Broadway street, in track railroad. the city of Louisville, has a carriage way between curbs less than thirty-three feet wide, and it is proposed, under alleged authority from the city of Louisville, to construct and operate a double-track street railroad over and along said street over the protests of the residents on said street, in such a way as to leave only nine and one-half feet between the outer rails and the curbs of said street, which would leave insufficient room for vehicles to safely pass or stand between the curbstone and passing street cars, greatly to the inconvenience and injury of abutting lotowners, many of whom have erected large and expensive houses upon said street; therefore, for remedy thereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That no line of street railroad track, single or Street railway. double, shall ever be constructed or operated on or along said New Broadway street; except that, with the consent of the majority by front feet of the owners of the property fronting or binding thereon, the Central Passenger Railroad Company may construct and operate its tracks thereon under the privilege heretofore obtained from the general council of Louisville, and which is hereby confirmed to said company. All laws, ordinances and resolutions in conflict or inconsistent with this act are hereby repealed, and this act shall take effect from and after its passage. Approved April 27, 1888. CHAPTER 1276. AN ACT to amend an act to incorporate the Columbus and Tennessee Be it enacted by the General Assembly of the Commonwealth of Kentucky: nal act. 1. That section two of an act to incorporate Amending rigithe Columbus and Tennessee Railway Company, approved April 8, 1880, be, and the same is hereby, amended by inserting after the words "may deem proper," in the last line of said section, the following: "The franchises, rights and privileges of said railway company, as embodied in the act creating said company, shall in no manner be made non-effective or set aside by reason of the death of the secretary and treasurer, and the failure of said railway company to hold its last annual election at the time specified in the by-laws of said company; but that the acts of the present board of directory, elected by the stockholders at their last regular meeting, shall have full force and effect until their successors are elected and qualified; and they may cause to be entered in the record of their proceedings whatever of the transactions of said company are not recorded by reason of the death of L. P. Spaulding, secretary, and J. M. Morton, treasurer of said railway company." 2. That section six of said original act of incorpoAmend section 6 ration be amended as follows: That after the words of original act. 'successors in office," in the last line of said section, insert, "And when authorized so to do by a vote of two-thirds of the stock represented at any general or called meeting of the stockholders, and amounting to not less than half the entire stock of the company, at least ten days' notice of the holding of such meeting, and the purpose thereof, being given, said railway company may borrow money and issue the bonds of said company, bearing interest at a rate not to exceed six per cent. per annum, which bonds shall be executed by the officers of said company, and may be made payable at such times and places as they may elect, and to secure the payment of such bonds and interest." of original act. §3. That section eight of said original charter be Amend section 8 amended by striking out all after the word "select," in the sixth line of said section, and insert, "Thence through Hickman, Graves and Calloway counties, in south-western Kentucky; thence eastwardly across the Cumberland and Tennessee rivers to a point meeting the coal roads across Cumberland river; and said railroad company shall have the right to erect bridges for its road or branches: Provided, That same shall not interfere with navigation." |