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SEC. 28. If, at the expiration of said thirty days, any one to condemu or more of the owners or claimants of any lands within the line of street so proposed to be opened, widened, or extended, shall have neglected or refused to make, execute, and deliver deeds of donation therefor, proceedings shall be instituted in the name of the City of Santa Cruz against such person or persons, under the provisions of Part III., Title VII., of the Code of Civil Procedure, for the purpose of condemning such lands to the use of the city as a public street; provided, that the benefits resulting to the land remaining may be offset against the value of the land actually taken, as also against any damages resulting to such adjacent land from such improvement.
Right of way, how procured.
ment of rivers and streams.
Clerk shall give notice, by publication in some newspaper published in the City of Santa Cruz, for the period of ten days, directed generally to all persons interested, setting forth that the survey of such proposed street or streets, and such order, approving such survey, have been made; and that unless the owners of all lands included within the lines of said street, as proposed to be opened, widened, or extended, shall, within thirty days after the first publication. of the said notice, make, execute, and deliver to the City of Santa Cruz, a deed or deeds of donation of such lands, proceedings will be instituted for the condemnation of the same.
Same, condemnation of lands.
SEC. 29. In order to provide for the necessary and proper drainage and sewerage of the City of Santa Cruz, the Mayor and Common Council of said city are hereby authorized to procure the right of way, by purchase or condemnation, for such main and lateral sewers or drains as they may deem proper for the sewerage and drainage of said city. Such rights of way may be thus secured through lands within the corporate limits, and also, when required, through lands adjacent to and without said city.
SEC. 30. The Mayor and Common Council of the City of Santa Cruz shall, upon presentation of a petition signed by the owners of two-thirds part of the frontage on any river or stream flowing through said city, asking for the widening straightening, or deepening of said stream, or whenever the said Mayor and Common Council shall deem the widening. straightening, or deepening of said stream a public necessity, direct, by ordinance, a survey of said stream within such time as shall be directed by said ordinance (or at their option may use any survey or surveys, map or maps, report or reports already made), and said survey shall be accompanied with a report and diagram map, showing the location of said stream and the proposed alterations thereof; and whenever, in the opinion of said Common Council, the public exigency requires, such improvement may be made upon such streams at any place without the corporate limits of the city.
SEC. 31. If the Mayor and Common Council approve the survey provided for in the preceding section, it is hereby made the duty of the City Clerk to cause notice to be published for the period of ten days, in some newspaper published in said city, a notice directed generally to all persons interested, setting forth that said survey, and the order
approving the same, have been made, and that unless the owners of all lands included within the lines of said survey shall, within thirty days after the first publication of said notice, make, execute, and deliver a deed or deeds of donation to the City of Santa Cruz of the lands included in such survey, and required for such work or improvement, proceedings will be instituted for the condemnation of the same. SEC. 32. If, at the expiration of said thirty days, any one Benefits and or more of the owners or claimants of any lands within the damage to lines of the said survey shall have neglected or refused to demned. make, execute, and deliver deeds of donation thereof, proceedings shall be instituted in the name of the City of Santa Cruz against such person or persons, under the provisions of Part Three, Title Seven, of the Code of Civil Procedure, for the purpose of condemning such lands as a public necessity; provided, that the benefits resulting to the land remaining may be offset against the value of the land actually taken, as also against any damages resulting to such adjacent land from such improvement.
SEC. 33. It shall be the duty of the Mayor and Common River ImCouncil to levy and cause to be collected, each year, at the provement time and in the manner other city taxes are levied and collected, a special tax, not exceeding ten cents on each one hundred dollars, upon all the real and personal property within said city, subject to taxation; the sum thus created to be know as the River Improvement Fund, to be applied to the improvement of such streams and to no other purpose. SEC. 34. The executive power of the corporation shall be Powers vested in the Mayor. It shall be the duty of the Mayor to vested in be vigilant and active in causing the laws and ordinances of the city to be duly executed and enforced; to be at the head of the police; to exercise a constant supervision and control over the conduct of all subordinate officers; and receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the Common Council; and may suspend the function of such officer until the charges preferred against him. can be inquired into by the Common Council; to sign all licenses and warrants on the treasury; to administer oaths or affirmations upon any and all matters and business pertaining to said city, and generally perform all such duties as may be prescribed for him by law or by the city ordinances; to communicate to the Common Council semi-annually, and oftener, if he thinks proper, a general statement of the situation and condition of the city in relation to its government, finances, and improvements, and such recommendations in reference thereto as he may deem expedient.
SEC. 35. When there shall be a vacancy in the office of Duties of Mayor, or when the Mayor shall be absent from the city, or Mayor; from other causes may be prevented from attending to the office. duties of his office, the Common Council shall appoint one of their number, who, as President pro tem. of the Common Council, shall be ex officio Mayor of said city during such vacation, and shall, in all respects, be legally qualified to discharge the duties of such position.
Chief of Po
and duty of.
SEC. 36. The department of police of said city shall be lice, powers under the direction of the Chief of Police, and for the suppression of any riot, public tumult, disturbance of the public peace, or any organized resistance against the laws or public authorities in the lawful execution of their functions, he shall have the powers that are now, or may hereafter be conferred on Sheriffs by the laws of this State, and his lawful orders shall be promptly executed by deputies, police officers, watchmen, and constables in said city, and every citizen shall also lend him aid, when required, for the arrest of offenders or maintenance of public order. He shall, and he is hereby authorized to execute and return all processes issued and directed to him by any legal authority; to enforce. all ordinances passed by the Common Council, and arrest all persons guilty of a violation of the same; to prosecute before some competent tribunal for all breaches or violations of city ordinances; he shall also have charge of the City Prison and prisoners confined therein, and all those who are sentenced to labor upon the streets or public works of the city; and shall see that all orders and sentences in reference to such are fully executed and fully complied with.
SEC. 37. It shall be the duty of the Commissioner of Streets to make regular and frequent inspection of all the traveled streets within the City of Santa Cruz. Under the direction of the Mayor and Common Council he shall remove obstructions therefrom, repair bridges and culverts, and make such other needful repairs as such streets may from time to time require. He shall also supervise and inspect all work that may be directed by the Common Council in opening, grading, graveling, and improving the public streets within said city; give, or cause to be given, all necessary notices to property holders or others as to any contemplated opening or improvement of streets. He shall also have general supervision and charge of all public squares and parks within said city; he shall see that all dead animals and offensive substances are promptly removed from such streets or squares; that the sewers and gutters are in proper order and condition; he shall direct, with the assistance of the City Surveyor, the extent and manner in which streets may be excavated for the laying of gas, water, and other pipes; and shall direct the way in which such excavation shall be made, or the earth replaced therein; and he shall generally do and perform all acts and duties, with reference to the public streets and squares of the city, that may be directed by ordinance or resolution of the Mayor and Common Council.
SEC. 38. The Chief of Police and the Street Commissioner shall be appointed by the Mayor and Common Council, and shall hold their office at the pleasure of the Mayor and Common Council, and shall receive such compensation for their services, each, as may be allowed by the Mayor and Common Council, but which shall not be increased during the term for which they may have been appointed. Such compensation shall be paid monthly by warrant on the General Fund. Neither the Chief of Police nor the Commissioner of Streets shall receive any perquisites or compensation for any serv
ices performed, other than the salary as fixed. The Chief of Police and policemen of said city shall charge, collect, and be entitled to receive, in the discharge of their official duties, the same costs or fees which are by law allowed to Sheriffs or Constables for like services; and such costs or fees so received by any of them shall, by the party receiving the same, within twenty-four hours after the receipt thereof, be paid into the city treasury, and shall, by the Treasurer of the city, be placed to the credit of the General Fund of said city.
SEC. 39. It shall be the duty of the Chief of Police and Duties of policemen of said city to execute all processes issued by any Justice of the Peace within said city, officiating as Police Judge or otherwise, or from other legal authority commanding his services as such officer; and the Chief of Police shall attend upon the Court officiating as a Police Court, and shall be in attendance at all meetings of the Common Council; and shall do and perform such other duties as may be required of him by the Mayor and Common Council. He may, also, with the concurrence of the Mayor, when the same may be deemed necessary for the preservation of public order, appoint additional policemen, men of sobriety and good moral standing in the community, who shall discharge police. the duties assigned to them for one day only; and each of whom shall be entitled to receive pay from the city, not exceeding the compensation of a regular policeman.
SEC. 40. The City Assessor and Clerk, before entering city Assessor upon the duties of his office, shall give a bond in the sum of and Clerk, two thousand dollars, or such greater sum as the Mayor and General Common Council may, by ordinance, direct, conditioned for duties. the faithful discharge of the duties of his office. It shall be his duty, as City Clerk, to keep a true and correct record of all the business transacted by the Common Council. He shall sign, as City Clerk, and issue to the Collector, license certificates for all branches of business for which a license may be required, and take his receipt therefor. He shall keep a true list of all such certificates issued by him and the amount of money received by the Collector therefor. He shall countersign all warrants issued by order of the Mayor and Common Council and signed by the Mayor. He shall notify, in writing, all persons who may be by the Common Council, sitting as a Board of Canvassers, declared to be officers elect. The City Clerk must keep separately, in large, well bound, uniform, and suitable books, an ordinance record, in which shall be entered, in a good, round, legible hand, all the ordinances passed by the Common Council, and approved by the Mayor of the City of Santa Cruz; and said record shall be signed by the Mayor, and countersigned by the City Clerk of said city; a file book, which shall be an alphabetical index, wherein there shall be entered, in chronological order, all bills, communications, and all other original documents filed with said Clerk for presentation to the Mayor and Common Council of said city, and all action had thereon; an improvement assessment record, in which shall be copied all improvement assessment rolls, and such record certified by the said City Clerk; a street and river
bond of. General duties.
City Assessor improvement and sewerage register, in which shall be and Clerk, entered, under the proper heads, a memorandum of each and every action had, referring to the book and page of record, in all matters of street and river improvement and sewerage. It shall be his duty as City Assessor, in each year, between the first day of May and the first day of August, to make out a true list of all the taxable property within the limits of said city, which list, when so made out and certified by him, shall be placed in the hands of the Common Council for equalization. The mode of making out such list and ascertaining the value of property shall be the same as prescribed by law for assessing State and county taxes. He shall apportion the taxes upon the assessment, and make out and deliver to the City Collector a tax list in the usual form, as soon as practicable after the Common Council, as a Board of Equalization, have equalized the assessment; and shall do and perform all such other duties as may be required of him by the Common Council. It shall be the duty of the City Clerk to report to the Common Council, quarterly, a full and detailed statement of the receipts and disbursements of the city government, and the state of each particular fund. Such quarterly report, duly verified by his oath, shall be published once, in such newspaper published in the City of Santa Cruz as the Mayor and Common Council shall direct, and with such publication, and in connection therewith, there shall be republished his report, made for the next preceding quarter. At the end of the fiscal year he shall make a full and detailed statement of the receipts and expenditures of the city during said year, specifying the different sources of revenue, and the amount received from each, the several appropriations made by the Common Council and the objects for which they were made, and the amount of money expended under each, evidences of indebtedness issued, and what portion thereof remains outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand. He shall have the power to administer oaths and affirmations. He may, with the concurrence of the Mayor and Common Council, appoint one or more deputies; one of which deputies, during the period of assessment as laid down in this charter, may be appointed for two months at such salary as the Cominon Council may allow, not exceeding one hundred dollars per month, which shall be paid out of the General Fund.
SEC. 41. For his services as such Assessor and City Clerk he shall receive a salary of five hundred ($500) dollars per annum, payable monthly, as follows: For the months of May, June, and July, he shall receive a salary of one hundred dollars per month; for the month of August he shall receive a salary of forty dollars, and for the remaining months of the year a salary of twenty dollars per month, payable monthly. He shall also be entitled to collect and receive, for drawing and making out any deed for real estate sold by the city, the sum of three dollars, and for any transcript of the records, or copies of papers in his office, such fees per folio, and for certificates, as are by law allowed to the County