Happy birthday, El Paso. City turned 150 years old on May 17

On May 17, 1873, the Texas Legislature approved an act to incorporate the city of El Paso. I found some interesting items after reviewing El Paso's original city charter. The city was divided into three districts, or wards. Members of the City Council and the mayor received no pay. They were, however, granted the power to prevent running of horses or other animals in the streets and to compel people to fasten their horses or other animals that remained in the streets.

Jurisdiction of the city of El Paso

Section 1 of the act declared that all the inhabitants of the County of El Paso would be incorporated under the name "The City of El Paso." Under that name, they had the right to sue and be sued, purchase and sell property, and to have a city seal.

Section 2 of the act described the jurisdiction of El Paso: "Commencing on the Rio Grande, at a point 500 yards north of Hart's mills; thence east to the northwest corner of what is known as the Cummings survey; thence south, following the west line of the Cummings' survey, to the banks of the Rio Grande; thence west and north, following the banks of said river, to the place of beginning."

Section 3 stated, "The powers herein granted shall be exercised by the mayor and city council as hereinafter set forth."

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City divided into three wards

Section 4 of the act divided El Paso into three wards — or electoral districts within the city. The act said, "The first ward shall comprise all that portion of the corporation lying west of the center of El Paso street, and south of the center of San Francisco street.

"The second ward shall be all that portion of the corporation lying north of the center of San Francisco street, and north of the plaza, the public square, and the center of St. Louis street.

"The third ward shall be all that portion of the corporation lying west of the center of El Paso street, and south of the plaza, the public square, and the center of St. Louis street."

The act also included a provision that allowed the city to make changes to the boundaries of the wards, from time to time, so that each ward would contain as near as possible the same number of qualified voters for city elections.

Voter qualifications

The first election was to be held on the second Tuesday in August 1873. Voters were to vote by ballot and only in the ward in which they resided. The polls were to be kept open from 8 a.m. to 6 p.m. on election days. The person who received the highest number of votes would be declared elected.

A qualified voter was "Every male inhabitant of the city who has resided within the city for a period of six months next previous to an election, who is at least twenty-one years of age, a citizen of the United States, or has declared his intention of becoming a citizen of the United States."

The mayor's term was set at two years, but he could "be removed for malfeasance in office, by the unanimous vote of all the city council."

The City Council consisted of two citizens elected from each ward and held office for two years.

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Council, mayor receive no pay

Section 15 stated: "The councilmen shall not receive, either directly or indirectly, any salary or other compensation from the city for their services. The mayor shall receive no salary, but may receive such fees as are hereinafter provided.

"City Council is to hold a public meeting at least once a month."

Section 39 allowed the city "To prevent any person from bringing, depositing, or having within the limits of said city any dead carcass, or other offensive or unwholesome substance or matter, and to require the removal or destruction by any person who shall have placed, or caused to be place, upon or near his premises, or elsewhere, any such substance or matter, filth, or any putrid or unsound beef, pork, fish, hides or skins of any kind, fruits or vegetables; and in default, to authorize the removal or destruction thereof by some officers of the city; and to require the owner of any dead animal to remove the same to such place as may be designated."

The city also had the following powers:

· Prevent, regulate and control the driving of cattle, horses, and all other animals into or through the city.

· To prevent the carrying of deadly weapons within the city limits.

· To forbid and punish the selling of liquors to any minor or habitual drunkard.

· To prevent and suppress any riot, affray, noise, disturbance, or disorderly assembly in any public or private place in the city.

· To prevent any immoderate driving or running of horses or other animals in the streets; to compel persons to fasten their horses or other animals, attached to vehicles or otherwise, while standing or remaining in the streets.

· To restrain and punish vagrants, mendicants, street beggars, and prostitutes; such punishment to be by fine, imprisonment, or hard labor.

Section 88, under Powers of the Mayor, allowed, "The mayor is hereby authorized to call on every male inhabitant of the city over eighteen years of age, and under the age of fifty years, to aid in enforcing the laws and ordinances of the city, and, in case of necessity, to call out the militia within the city to aid in the suppression of any riot, or in the enforcement of any ordinance; and any person who shall not obey such call shall forfeit to the city a fine not exceeding one hundred dollars.

Trish Long may be reached at tlong@elpasotimes.com.

This article originally appeared on El Paso Times: El Paso's birthday landed on May 17, celebrated 150 years