none other: For the support of the fire department of the city, a tax not exceeding ten cents on each one hundred dollars; for the purpose of sewerage and drainage of said city, a tax not exceeding ten cents on each one hundred dollars; and for the General Fund, a tax not exceeding thirty cents on each one hundred dollars. All licenses, unless otherwise ordered by the Common Council, shall be apportioned to the General Fund, and all taxes and licenses herein authorized to be collected shall be collected in the same currency as may be prescribed in reference to State and county taxes.

tion.

SEC. 15. The Common Council shall constitute a Board Board of of Equalization, and shall, as soon as the Assessor shall have Equalizacompleted and handed in his assessment, and after ten days' notice, hold their meetings to hear and determine all complaints respecting the valuation of property as fixed by the Assessor, and shall have power to modify and change such valuation in any way they, or a majority of them, shall deem just and proper. Said meetings may be held from time to time, as in said notice specified, for the period of two weeks, and no more.

Council to

SEC. 16. The Common Council are hereby authorized and Common empowered to order the whole, or any portion of any street onder street or streets, lane or lanes, sidewalks, alleys, courts or squares, repairs. graded or regraded to the official grade, paved, graveled, or macadamized, and have the same repaired; and to improve and beautify the public squares, and to order any other work to be done which shall be necessary to make and complete the whole or any portion of said streets, sidewalks, lanes, alleys, and squares, as in their opinion the public good and convenience require.

Petitions.

SEC. 17. If at any time the owners of three-fifths or more same. of the real estate fronting on any street, counting from one cross-street to any other cross-street, within the corporate limits of the City of Santa Cruz, shall petition the Mayor and Common Council of said city for the sewering, grading, graveling, macadamizing, paving, planking, curbing, or repairing of such street, or the sidewalks along the same, or both, or if no such petition shall be presented, and the Mayor and Common Council shall deem it to be for the best interests of the city that such improvement be made, they shall cause notice to be given by publication, for at least ten days in some newspaper published in said city, of the street thus to be improved, and also the character and extent of such improvement; and, unless, within ten days from the completion of said publication, written objections to said improvement, signed by the owners of four-fifths of the property fronting on said proposed improvements, shall be filed with the City Clerk, they shall cause an immediate survey of any such proposed work or improvements to be made by the City Surveyor or some other competent surveyor, who shall, on the conclusion of said survey, produce a map or diagram indicating the proposed grade and the amount of excavation or filling in front of each person's real estate to the middle of the street; all lots on the corners of blocks to include the sidewalks of the cross-streets, or if the improvements only extend to the

street work

ments.

sidewalks, then he shall indicate, as aforesaid, the amount of excavation or filling of the sidewalks in front of each person's real estate, and he shall present the same, together with the plans and specifications for the proposed work or improvements, to the Mayor and Common Council for approval. Proposals for SEC. 18. If the Mayor and Common Council approve the and improve survey, diagram, and Specifications of the surveyor, provided for in the preceding section, the same shall be placed on file in the office of the Commissioner of Streets; and the Mayor and Common Council shall order said improvements to be made as petitioned for, or resolved upon, designating in said order at what time said improvements shall be completed, and providing therein that the Commissioner of Streets shall immediately let out to the lowest responsible bidder or bidders, after giving such notice as the Mayor and Common Council may direct, by contract in writing, the doing of all the said work or improvements so ordered. Said contract shall provide that said work and improvements shall be made in accordance with the diagram, survey, and specifications in reference thereto, and that the same shall be completed within the time fixed by the Mayor and Common Council for the completion of said work and improvements, and shall particularly state the amount to be paid for such improvements; and all such contractors shall, at the time of the execution of the contract, also execute a bond to the satisfaction of the Mayor and Common Council, with two or more sureties, in such sum as the Mayor and Common Council may deem adequate, conditioned for the faithful performance of the contract, and made payable to the City of Santa Cruz; and the said sureties shall justify before any officer competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions (and any person suffering damages, by reason of the breach of said contract, may sue on such bond in his own name); provided, that not less than the whole of said work or improvements required to be done on any street, from one cross-street to another cross-street, shall be let to any one contractor, or in any single contract; and provided further, that no contract for the doing of any of said work or improvements shall take effect until approved by the Mayor and Common Council of said city; and the Mayor and Common Council shall have the power to reject any and all contracts so made as aforesaid by the Street Commissioner, as in their discretion the public good may require, and to direct the Commissioner of Streets to readvertise for proposals to do said work or improvements.

Contractors to give bonds.

Costs of im

how assessed.

SEC. 19. Upon the approval of the contract or contracts provements, for the doing of said work and improvements, as provided for in the preceding section, it is hereby made the duty of the City Assessor of said city, within ten days thereafter, to make an assessment of the costs of making such improvements, as apportioned to each of the owners of the real estate fronting on the portion of said street so ordered to be improved, in the same ratio or proportion which the frontage

of the real estate of each of said owners bears to the total cost of the said improvements so petitioned for and let as aforesaid; providing, that the expenses of work done on main street crossings shall be assessed upon the four quarter blocks adjoining and cornering on the crossings. When a street terminates at right angles in another main street, the expense of the work done on one-half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said main streets, and the expense of the other half of the width of the said street upon the lots fronting on the latter half of the street opposite such termination; and if the owners of any of the real estate fronting on said portion of said street are unknown to the said City Assessor, he shall assess the proportionate cost of said improvements to "unknown owners," and he shall present the said assessment to the Mayor and Common Council for approval; and when said assessment shall have been approved by the Mayor and Common Council, the City Clerk shall attach his certificate of approval thereto, and shall place said assessment in the hands of the City Collector, and the said Collector shall proceed to collect the same, in such manner, and within such time, as the Mayor and Common Council shall by ordinance direct. At the expiration of the time fixed by the Mayor and Common Council for the collection of said assessment by the City Collector, he shall return the same to the City Clerk, and the said Clerk shall, within ten days, make out and deliver to the City Attorney (or such other attorney as the Mayor and Delinquent Common Council may designate) a certified list of the persons and property, and the amounts remaining delinquent upon such assessments; and the said attorney shall immediately commence suit or suits for the collections of the same; and the proceedings for the collection of said assessment so delinquent shall be by suit in rem against the property chargeable with such assessment; and the said assessment shall be a lien upon and against the property assessed, which shall attach at the time said improvements are ordered to be made, and shall not be satisfied or removed until the said taxes or assessments are all paid, or the property has absolutely vested in a purchaser, under a sale for taxes or assessments; and said taxes or assessments shall be collected in the same kind of currency as prescribed in reference to State and county taxes. The delinquent list provided for in this section, certified by the City Clerk, showing unpaid taxes or assessments against any person or property, shall be prima facie evidence in any Court to prove the assessment of the property assessed, the delinquency, the amount of taxes or assessments due and unpaid, and that all forms of law in relation to the assessment and levy of such taxes or assessments have been complied with. Any judgment rendered in such action shall include, in addition to the costs of said suit, ten per cent. upon the assessment.

assessments.

SEC. 20. The cost of the survey, specifications, maps or costs, how diagrams of any of the works or improvements hereinbefore paid."

Necessary repairs, owners to be

notified.

mentioned, together with all culverts, shall be paid by the city.

SEC. 21. When any street or portions of any street, which has not been accepted by the city, or the sidewalks or any portion thereof, becomes in a condition to be dangerous, or in a condition to cause great public inconvenience, and shall be so determined by the Mayor and Common Council, the Commissioner of Streets shall, by notice in writing, to be delivered to them personally, or posted on the premises of the owners, occupants, or tenants of any real estate in front of which such repairs or improvements are required to be made, require them to make such improvements or repairs forthwith, particularly specifying in such notice what improvements or repairs are required to be made. If such improvements or repairs are not commenced within three days after notice given as aforesaid, and diligently prosecuted to completion without unnecessary delay, the Commissioner of Streets may enter into a contract with any competent person to make the required improvements or repairs, at the expense of the owner of the real estate, at such price as he expenses of may deem reasonable and just; and such owners shall be liable to pay the same; and the sum or sums of money contracted to be paid for said work or improvements shall be a lien upon the real estate in front of which, to the middle of the street, said work or improvements shall have been made, and may be collected and enforced in the same manner as provided in section nineteen of this Act.

Owners

liable for

repairs.

Acceptance of work.

Same.

SEC. 22. Whenever any street shall be improved under contract, in accordance with the provisions of the charter, it shall be the duty of the Commissioner of Streets, the City Engineer, and the Chairman of the Street Committee to examine said work while in progress, and carefully inspect the same when completed; and upon the completion of said work, the Commissioner and said Engineer, and said Chairman of the Street Committee, shall file, in writing, with the City Clerk, their acceptance or rejection of said work; and if accepted, the Mayor and Common Council shall, at the next regular meeting after said acceptance, draw a warrant upon the General Fund in favor of the contractor for the amount due upon such contract; but no warrant shall be drawn or liability created until such written acceptance is duly filed.

SEC. 23. When any street, or portion of a street, not less in extent than from one cross-street to the next cross-street, is now or shall be hereafter constructed, repaired, and fully improved to the satisfaction of the Mayor and Common Council of the City of Santa Cruz, under such regulations as they may adopt, the Mayor and Common Council may, by ordinance, accept the same, and thereafter the roadway of said portion of such street so accepted shall be kept open and in repair by said city, and the expense thereof shall be paid from the General Fund; provided, that nothing in this section shall be so construed as to relieve the owners of the property fronting on the portion of the street so accepted from keeping in good order and repair the sidewalks, curbs, and gutters along the same. The City Clerk shall keep in

his office a register of all streets, or portions thereof, accepted. under this section, the same to be indexed so that reference may be easily had thereto.

sprinkling,

SEC. 24. If at any time the owners of three-fifths or more street of the real estate fronting on any street, counting from one contract for. cross-street to any other cross-street within the corporate limits of the City of Santa Cruz, shall petition the Mayor and Common Council of said city for the sprinkling and watering of such street between the points designated, the Mayor and Common Council may by ordinance direct said street to be so sprinkled and watered, and the Commissioner of Streets shall thereupon advertise for proposals to perform said work in such manner as in said ordinance provided, and let a contract, subject to the approval of the Mayor and Common Council, to the lowest responsible bidder, to water and sprinkle such street, between the points designated, at such times and to such extent as in said ordinance provided; and said Commissioner of Streets shall assess upon the property fronting on the streets, or portions of streets, the cost of such watering and sprinkling, as provided in the contract, and said Commissioner of Streets, or his deputy, shall each week collect from such property holders such sums thus assessed; and in the event of the refusal or neglect of such · property holders to pay said sums when so demanded, said Commissioner of Streets shall commence an action in the name of the City of Santa Cruz, in any Court of competent jurisdiction, and shall, in addition to such assessment sued for and the costs of suit, recover ten dollars counsel fees in each case, and from the sums thus collected and recovered shall pay to the party watering said streets the compensation prescribed in said contract.

SEC. 25. The Mayor and Common Council, when in their officers to be opinion the public good so requires, shall appoint a City appointed. Attorney, and also a City Surveyor and Engineer; each of whom may be removed at the pleasure of the Mayor and Common Council. The duties and compensation of each of said officers shall be prescribed by the Mayor and Common Council.

streets.

SEC. 26. The Mayor and Common Council of the City of opening and Santa Cruz shall, upon the presentation of a petition for the widening opening of any new street, or for the extending or widening of any street in said city (which petition shall have been signed by the owners of two-thirds of the frontage on said street therein proposed to be opened, widened, or extended), direct, by ordinance, the City Surveyor to make an accurate survey of any such proposed street or streets, and return the same to the Common Council, at its next regular meeting, or within such time as the Common Council shall, by ordinance or resolution direct; and for the purpose of making such survey, the Surveyor shall have the right to enter upon any and all lands; but the city shall be liable to the owner or owners for any injury done to any such premises by reason of such entry.

SEC. 27. If the Mayor and the Common Council approve Notice to the survey provided for in the preceding section, the City

property

owners.