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powers, in whom

SEC. 2. The corporate limits of the Town of St. Helena Corporat: shall be as follows, to wit: Commencing at a point in the boundaries. center of Napa River in a direct line northeasterly from the continuation of the easterly side of Sulphur Springs Avenue (being the westerly line of J. Lewelling's homestead); thence southwesterly in a direct line to the end of said Sulphur Springs Avenue, to the county road; thence following the said easterly and southerly line of said Sulphur Springs Avenue until the intersection of said line with the line of the Travy survey in the foot-hills; thence northwesterly, following the line of said Travy survey until the same intersects that part of A. B. Forbes' land which lies easterly of said Travy line; thence easterly along the line between said Forbes' land and J. York's land to the York Creek; thence up said York Creek to the said Travy line; thence northerly along said Travy line to a point opposite the most westerly boundary of Charles King; thence northwesterly to said King's westerly line; thence on said line to the center of Napa River; thence down said river to the place of beginning. The said territory so described shall form a Publie separate road district in Napa County, and all the public highways. highways, streets, roads, and alleys within the same, that are now open as such, are hereby declared public highways and under the control of the said corporation.

SEC. 3. The corporate powers and duties of said town Corporate shall be vested in and performed by a Board of Trustees, consisting of five members. Any three of said Trustees vested. shall constitute a quorum. The meetings of said Board of Trustees shall be at stated times and places established by ordinance; but special meetings may be called at any time by the President. Said Board of Trustees shall assemble on the first Monday after their election, and shall take the oath of office, and choose one of their number to act as President of the Board. The said Board of Trustees shall judge of the election and qualifications of its own members. They shall keep a journal of their proceedings, and, upon the request of any member of the Board, shall cause the yeas and nays to be taken on any question before them, and entered upon the minutes. All their meetings shall be public. In case of vacancy by death, resignation, or other- Vacancies in wise, in any of the offices made elective by this Act, the office. Board of Trustees shall order and give notice of an election to fill such vacancy, unless the unexpired term of said office shall be less than three months, in which case the Board of Trustees shall, if necessary, fill said office by appointment.

SEC. 4. The other elective officers of the incorporation Elective shall be a Treasurer, who shall also be ex officio Collector; a Marshal, who shall also be ex officio Assessor and Collector of poll-taxes, and a Recorder; provided, that if there be an acting Justice of the Peace within the incorporation, the Recorder need not be elected.

SEC. 5. All the elective officers mentioned in the preced-City elecing section shall be elected by the qualified electors of the town, on the second Monday in April in each year, and shall hold their office for the term of one year and until their suc




cessors are chosen and qualified. Any person shall be qualified to vote for any town officer, or hold any town office, who shall be a qualified elector under the Constitution and laws of this State, and who shall have resided in the town thirty days next before the election. All elections shall be conducted by three Judges to be appointed by the Board of Trustees, and they may appoint two Clerks of Election. Should the Judges, or any of them, fail to attend, the electors present may appoint others in their stead. Notice of all elections shall be given by the publication in some newspaper published in the town, or by printed notices posted up in at least five public places within the corporate limits of the town, at least ten days before such election. The first election, in accordance with the above, shall be held on the first Monday in May, in the year one thousand eight hundred and seventy-six. All elections shall be conducted in the same form and manner, and according to the laws regulating elections, and the returns shall be made by the Judges to the Board of Trustees, with a list of the persons voting at such election, and the ballots cast; and the Board shall, at

their first regular meeting after such return, canvass the Certificates same, declare the result, and issue certificates of election to etcelection, the person or persons having the highest number of votes at

such canvass. The polls shall be opened at one P. M. and closed at half past six P. M. on the day of election. The Board of Trustees shall, at the request of any three electors, made within three days after any election, recount the ballots and declare the result in accordance with such recount; provided, that the election of any one or more of the Trustees may be contested in the Court of the Justice of the Peace of Ilot Spring Township, in the manner prescribed by Title Two, Part Three of the Code of Civil Procedure, the word town being substituted for county whenever the same is used in said title.

SEC. 6. The Board of Trustees shall appoint all other officers provided for in this Act, and may remove them at pleasure and put others in their places.

Sec. 7. The compensation of the officers shall be as fol, lows: Trustees, each one dollar per annum; Treasurer and Marshal, each such sum per annum as the Trustees may determine; provided, that such annual compensation so allowed the said officers shall not exceed the following sums, to wit: The Treasurer, as Treasurer and ex officio Collector, the sum of one hundred dollars; the Marshal, as Marshal and ex officio Assessor and Collector of poll and dog-taxes, the sum of two hundred dollars.

SEC. 8. At the meeting of the Board of Trustees a majority shall constitute a quorum to transact business; a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the Board previously, by ordinance, may have prescribed. The Board may establish rules for their own proceedings, and provide for the punishment of disorderly conduct in their presence, on the part of a member or other person.

Appointed officers,


Meetings of


SEC. 9. All officers of the corporation, before entering oaths and upon the duties of their office, shall take the oath prescribed bonds. in the Constitution, and the Marshal and Assessor, Treasurer and Collector, shall give bonds for the faithful performance of their duties, payable to the corporation by its corporate name, to be approved by the Board of Trustees, in such penal sum as shall have been prescribed by ordinance; provided, that if from any cause such bond shall at any time become insufficient in the opinion of the Board, they may require of any officer such new or additional bond as they may deem necessary.

Sec. 10. The Board of Trustees shall cause to be published, Ordinances in some newspaper in the town, all ordinances which shall be certified and signed by the President and Clerk of the Board, and no ordinance shall take effect and be in force until ten days from the first publication thereof, and the President of the Board may, without any order or direction of the Board, cause any ordinance to be enforced, or the violations thereof punished, by an action in the name of the corporation as hereinafter provided, or otherwise. In case of the absence of the President, at any meeting of the Board, a President pro tem. must be appointed. Should any Trustee or any officer remove from the town, or refuse or neglect to qualify within ten days after his election, or, if a bond is required of him, neglect or refuse for said time to give bond, his office shall become and be declared vacant by the Board.

SEC. 11. The Board of Trustees shall, in the months of semi-annual March and September in each year, cause to be made out, reports. and publish in some paper in the town, a full and correct statement, certified and signed by the President, of all moneys received and to whom and for what purpose expended, during the six months next preceding such statement.

Sec. 12. The Board of Trustees are hereby authorized and empowered to enact such by-laws and ordinances, not inconsistent with the Constitution and laws of the United States and of this State, as they may deem necessary or proper in the exercise of the powers herein conferred upon them. The Board of Trustees shall have power:

First-To manage and take care of the property and General finances of the town.

Second-To provide for laying out, opening, widening, ex- Streets. tending, altering, vacating, working, grading, improving, and repairing streets, avenues, and alleys, and public parks and squares, and for preventing and removing nuisances or obstructions therein, and for acquiring or condemning lands for town purposes and highways by purchase or by proceedings prescribed by Title VII., Part III., of the Code of Civil Procedure; provided, that the Trustees shall not vacate any street, avenue, or alley, or any portion thereof, without the consent of the owners of at least two-thirds of the frontage on said street, avenue, or alley.

Third-To establish the grade of all streets, avenues, and alleys, and to require conformity thereto.

Fourth-To provide for the drainage and sewerage of the Drainage. town.

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powers of Trustees,

Fire department,

Gas and water.

Fifth-To establish and regulate a fire department, and provide such means, measures, or material for the prevention or extinguishment of fires, as they may deem necessary to protect the town from fire.

Sixth-To provide the streets and town buildings with all gas and water necessary for their proper use, and to grant to any gas or water company authority to lay down pipes in the streets, avenues, and alleys of the town, for the supply of gas or water for the streets and buildings, for a term not exceeding twenty-five years; but they shall reserve the right to grant similar privileges to other companies, and shall require the laying down of pipes to be under the reasonable directions of the town authorities, and to be so laid as to do no injury to the proper use of the paving, planking, or macadamizing of the streets, avenues, or alleys, nor to property situated thereon, and they shall'impose such restraints and conditions upon the location and construction of gas and water-works and pipes, as shall secure the least possible public or private inconvenience, and they shall provide for the enforcement of such restrictions and conditions; they may contract with gas and water companies for supplying the streets, public buildings, and cisterns, with necessary gas and water for the public use, but no contract shall extend beyond the term of office of the members of the Board making such contract; provided, that the town shall not contract nor become liable to pay more than one-half of the expense of lighting streets, and no street, avenue, or portion thereof, shall be lit with gas until the persons petitioning for the same shall contract with the company furnishing gas to pay at least one-half of the expense of such lighting.

Seventh-To license and impose and collect a license tax upon theaters, concerts, circuses, shows, and other entertainments and exhibitions to which an admission fee is charged; also, upon bars at which spirituous or malt liquors are sold; also, upon billiard tables and bowling alleys kept for gain or hire; and they may impose a license tax upon any and all businesses not prohibited by law.

Eighth-To prohibit and suppress gaming and gambling, houses, dance-houses, fandangos, disorderly houses, and houses of ill-fame, immoral or indecent amusements, exhibitions, or shows, nuisances of every description, and all kinds of vice and immorality and disorderly conduct.

Ninth-To levy and collect, annually, a tax on all property in the town not exceding fifteen cents on each one hundred dollars of the assessed valuation thereof, and to provide the manner of making assessments and of collecting such tax. Taxes so levied shall become a lien upon the real estate chargeable therewith, from the first Monday in March preceding the levy and until paid, and such lien shall take precedence of all mortgages and other liens, except the lien for State and county taxes.

Tenth-To levy and impose assessments upon property fronting on streets, avenues, and alleys, for the purpose of paying the costs and charges of grading, improving, working, repairing, draining, and laying sewers in said streets, avenues,




Property tax.

Street assessments.


and alleys, or constructing sidewalks therein, and to provide for the enforcement and collection of assessments by sale of such property, if necessary; provided, that real property sold for delinquent taxes or assessments shall be sold to the person who will take the least portion of the property, and pay the tax or assessment due thereon, and all costs and charges, and all such sales shall be subject to redemption, as in other sales under execution.

Eleventh-To impose and collect a poll-tax, not exceeding Poll-tax. three dollars per annum, on every male inhabitant of the age of twenty-one years and upwards, and to enforce the payment thereof by the sale of the property or otherwise.

Twelfth-To impose and collect a tax of not exceeding five Dog tax. dollars per annum on every dog found at large within the corporate limits of the town, which said dog tax shall be collected by the Town Marshal.

Thirteenth-To regulate or prevent the keeping of gunpow- Gunpowder. der and other dangerous or inflammable substances within the town.

FourteenthTo require any land or building to be cleaned at the expense of the owner or occupant, and, upon

his default, after notice, to cause the work to be done, and to assess the expense upon the land or building.

Fifteenth-To prohibit and prevent the running at large of Public any or all domestic animals within the limits of the town, and to establish and maintain a pound for such animals, and to appoint a Poundmaster, or confer the duties of Poundmaster upon the Marshal, who shall be paid out of the fines collected from the owners of animals impounded or from sale of such animals, and from no other source.

Sixteenth-To prescribe penalties and forfeitures for the Penalties breach or non-observance of the town ordinances; but no penalty shall be imposed on any person for any one breach of any ordinance exceeding one hundred dollars. Such penalties may be recovered before any Justice of the Peace haying his office within the corporate limits of the town, or before the Town Recorder, by civil suits, brought by the Town Attorney, in the name of the corporation and against the person violating an ordinance; and an execution to collect the same shall be issued as in other civil cases; and in such cases persons living in the town, if in other respects competent and qualified, shall be competent jurors; and when judgment is rendered in any such action for the town, there shall be taxed as costs against the defendant, in addition to other costs, the sum of ten dollars, which the Town Attorney shall receive as his fee. All fines so collected Attorney's shall, by the officer receiving the same, be paid over to the tee. treasury of the town; provided, that under no circumstances shall the town be liable for the fees of the Attorney.

Seventeenth-The Board of Trustees may provide for the Middepunishment, by fine or imprisonment, of an act prohibited manor. by an ordinance; in which case, such act is hereby declared to be a misdemeanor, which may be prosecuted and punished in like manner as misdemeanor created by statute;


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