south of that portion of the north levee lying east of Sixth Street, south of that portion of I Street lying west of Sixth Street and east of the Sacramento River, which are covered with stagnant water a portion of the year, to be filled up to such level or grade as will prevent the same from being so covered. order. SEC. 2. Whenever said Board shall declare a lot, or a por- Form of tion of a lot, to be included within the provisions of section one herein, they shall cause to be entered in their minutes of proceedings an order, which may be in substance in the following form: "The Board of Trustees of the City of Sacramento hereby determine that (here describe the real estate) is covered with stagnant water portions of the year. It is therefore ordered that the owner or owners thereof fill up the same to a proper level, to be fixed by the City Surveyor, or that the same be filled up at his or their expense." If filling in. SEC. 3. Immediately after such order shall have been surveyor to made, the City Surveyor shall make a survey of such real fix grade. estate, and determine and mark on the ground the level or grade to which said lot, or portion of lot, must be filled. two or more lots are embraced in the order, the survey shall determine the grade of all included in the order; and thereupon the Superintendent of Streets shall notify the owner or owners of such real estate to fill up the same within a time stated, which shall be limited by the time given for receiving bids to do the work. The notice shall embrace the contract for order, and invite proposals for doing the work, and fix a time within which the work must be done, and shall be published in a newspaper printed and published in said city, as often as three times a week for three consecutive weeks. The notice may be substantially in the following form: "Notice is hereby given to all whom it may concern, that the Board of Trustees of the City of Sacramento, at their meeting on the day of - -, A. D. 18-, made the following order (here insert the order). Therefore the owner or owners of the real estate embraced in said order are hereby notified to fill up the same to the level or grade fixed by the City Surveyor, within the time herein fixed for receiving bids for doing the work. Sealed bids will be received for doing the work of filling up said real estate, at the office of the Clerk of the Board of Trustees, until the day of day of, A. D. 18. Bids must include all the work for a gross sum, or for a price per yard of the amount of earth used in doing the work. The work must be completed within after the acceptance of the bid. days is begun by plete it. SEC. 4. Any owner of such real estate or of a subdivis- When work ional part thereof, who may have commenced and done a owners, they portion of the work before the time for receiving bids shall may comhave expired, shall have the right to do the work to completion of his own portion thereof, upon giving bond, with two or more sureties, in a sum to be fixed by the Board of Trustees at its first meeting thereafter, should he, prior to the last day for receiving bids, notify the Superintendent of Streets, in writing, of his intention so to do. The bond must Costs, how assessed. lien. be furnished and approved by the City Clerk within five days after the amount shall have been fixed by the Board. Each bidder must accompany his bid with a deposit of one hundred dollars, or a bank check certified to be good for that amount, which shall be forfeited in case he fails to give bonds for the completion of the work in accordance with his bid, and the notice to bidders in case his bid be accepted. SEC. 5. The entire expense of doing such work, including the expense of advertising and the services of the City Surveyor, shall be assessed and apportioned against and upon such real estate ratably, and shall be so done by the City Surveyor as soon as the work is completed, and the same shall constitute a lien on such real estate, to take effect as of the date of the acceptance of the bid and approval of the bond of the bidder for doing the work; but in no case shall the City of Sacramento be liable for any portion of such expense. The person doing the work and the City Collector of Taxes are hereby authorized to receive payment of such expenses and assessments. Discharge of SEC. 6. Any person desiring to pay the assessment on any subdivision of such real estate shall be furnished by the City Surveyor with the proportion of such expense chargeable against such subdivision, which may be paid direct to the person doing the work or to the City Collector of Taxes for him; and when so paid shall discharge the real estate embraced in such subdivision from the lien created by this Act. Collection of delinquent assessments. SEC. 7. Immediately after the City Surveyor shall have made out the assessment, provided for in section five herein, he shall place the same in the hands of the City Attorney or attorney who shall have by law the collection of delinquent city taxes, who shall advertise notice for three consecutive weeks, as often as once a week, directed to the owners of such real estate, and describing the same in the notice, to the effect that if the assessments be not paid within the time stated in the notice, suits will be commenced to enforce the collection thereof, and suits may be commenced and the payment. thereof enforced in all respects as now provided by statute or city ordinance for the collection of street grading or street improvements done by or under authority of said city. SEC. 8. This Act shall be construed liberally, and all laws and ordinances now in force providing for the grading or improvement of streets in the City of Sacramento, as also all laws and ordinances providing for the collection of assessments for said purposes, so far as applicable, shall be applied in aid of this Act, and for carrying into effect all the provisions thereof. CHAP. CCCCXLI An Act amendatory of "An Act to reincorporate the City of San José," approved March seventeenth, eighteen hundred and seventy-four. [Approved March 31, 1876.] The People of the State of California, represented in Senate and city officers, terms of. SECTION 1. Section three of said Act is hereby amended Elections for so as to read as follows: Section 3. On the second Monday in April in each and every succeeding year, a charter election shall be held, at which the legally qualified voters of said city shall elect the several respective officers as hereinafter provided, viz: a Mayor shall be elected at the charter election to be held on the second Monday in April, eighteen hundred and seventy-six, and on each alternate year thereafter, who shall hold his office for two years and until his successor shall be duly elected and qualified; a City Assessor, who shall be City Clerk, shall be elected at the charter election to be held on the second Monday in April, eighteen hundred and seventy-seven, and on each alternate year thereafter, who shall hold his office for two years and until his successor shall be duly elected and qualified; a City Treasurer, who shall be City Collector, shall be elected at the charter election to be held on the second Monday in April, eighteen hundred and seventy-six, and each alternate year thereafter, who shall hold his office for two years and until his successor be duly elected and qualified; a Chief of Police shall be elected at the charter election to be held on the second Monday in April, eighteen hundred and seventy-six, and on each alternate year thereafter, who shall hold his office for two years and until his successor be duly elected and qualified, unless removed as hereinafter provided; a Commissioner of Streets shall be elected at the charter election to be held on the second Monday in April, eighteen hundred and seventy-six, and each alternate year thereafter, who shall hold his office for two years and until his successor shall be duly elected and qualified, unless removed as hereinafter provided; four Councilmen shall be elected annually, one from each ward, at the charter election to be held on the second Monday in April, who shall be electors and residents of the wards in which they are chosen, and who shall hold their offices for two years and until their successors are duly elected and qualified; four School Trustees (one from each ward) shall be elected annually at the charter election to be held on the second Monday in April, who shall be residents of the wards in which they are chosen, at least thirty days continuously next before said election, and shall hold office for two years and until their successors are duly elected and qualified. SEC. 2. Section nine of said Act is hereby amended so as to read as follows: Section 9. The Common Council may Powers and adopt rules for its proceedings, shall judge of the quali- Common fications of its members, keep a journal of its proceedings, Council. duties of duties of Common Powers and compel the attendance of its members, and punish for disorderly conduct, and for such conduct may expel a member by a three-fourths vote. It shall have power to remove for good and sufficient cause, and after notice to the party accused, by a three-fourths vote, with the Mayor's approval, any and all city officers, whether elected or appointed (members of the Board of Education excepted), and to fill any vacancy so caused; to pass all proper and necessary laws for the regulation, improvement, and sale of lands and other property of the city (except the sale and disposal of the public squares), to construct public buildings and other structures, by contract to the lowest bidder, in such manner as may, to the said Common Council, seem best; to license and regulate all and every kind of business authorized by law, and transacted and carried on in said city; to fix the rates of license tax upon such business; to purchase, hold, and maintain fire engines, and all implements for the prevention and extinguishment of fires; to organize and maintain a fire department, and may provide, by ordinance, the compensation of the officers and members thereof, whenever, in their judgment, it is necessary to organize a paid fire department; to establish fire limits; to construct wells, and cisterns, and aqueducts, and conduits to supply the city with water; to lay out, alter, open, vacate, improve, cleanse, water, and repair streets and sidewalks; to construct sewers and drains; to improve the rivers and streams flowing through the city, or in the vicinity thereof, in order to facilitate the drainage thereof, and to protect the city from overflow; to cause obstructions to be removed from the channels, to raise, embankments, and to widen, straighten, and deepen said channels; to repair any property of the city; to create and establish a city police, to prescribe their duties and compensation, and to provide. for the regulation and government of said police; to regulate for the protection of health, cleanliness, ornament, peace, and good order of the city; to define, prevent, and remove nuisances; to establish prisons, and provide for the care and regulation of prisoners, for the employment of vagrants and prisoners on the public streets or works of the city; to prohibit and suppress gambling-houses and houses of ill-fame, all indecent and immoral amusements and exhibitions; to regulate the location of slaughter-houses, markets, and houses for the storage of gunpowder and other combustibles and explosive substances; to prohibit the establishment and maintenance of such slaughter-houses, or the storage of gunpowder and other combustibles and explosive substances within the incorporated limits of the city; to purchase, sell, exchange, and improve school lots, and to purchase and construct school-houses; to impose and appropriate fines, penalties, and forfeitures for any and all violations of city ordinances, and for a breach or violation of any city ordinance may fix the penalty by fine or imprisonment, but no such fine shall exceed one hundred dollars, or such imprisonment for a term exceeding thirty days for any offense, or may provide for sentence to labor on the streets or public property within the city; to pass such ordinances, resolu tions, and by-laws for the regulation of the police and entire government of said city as shall not be inconsistent with the provisions of the charter, or with the Constitution and laws of the State or the United States, and any violation of any lawful order, regulation, or ordinance of the Mayor and Common Council of the City of San José is hereby declared a misdemeanor, and all prosecution for the same may be in the name of the people of the State of California. rate of. SEC. 3. Section fourteen of said Act is hereby amended so City taxes, as to read as follows: Section 14. The Common Council shall levy, annually, a tax upon the real and personal property within the city. Such levy shall be estimated upon the assessment roll of the preceding year, and shall be for the following purposes, and none other: For the support and maintenance of the public schools of the city, a tax not exceeding thirty cents on each one hundred dollars; for the support of the fire department of the city, a tax not exceeding twenty cents on each one hundred dollars; for the purpose of sewerage and drainage of said city, a tax not exceeding twenty-five cents on each one hundred dollars; and for the General Fund, a tax not exceeding thirty-five cents on each one hundred dollars. All license taxes, unless otherwise ordered by the Common Council, shall be apportioned to the General Fund, and all taxes and licenses shall be collected in the same currency as may be prescribed in reference to State and county taxes. street repairs, etc. SEC. 4. Section twenty-one of said Act is hereby amended Concerning so as to read as follows: Section 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, in compliance with an order of the said Mayor and Common Council, 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, or of owners of railroad tracks in front of which, or upon and between which, and two feet on each side thereof, such repairs or improvements are required to be made, require them to make such improvements or repairs forthwith, specifying in such notice what improvement or repairs are required to be made; provided, that where such streets or parts of streets are occupied by railroad tracks, such tracks, and two feet on each side thereof, shall be subject to all the provisions of this section. 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 contract with any competent person to make the required improvements or repairs, said contract to be approved by the Mayor and Common Council. The City Assessor shall immediately (upon the approval by the Mayor and Common Council of said contract), proceed to make an assessment of the cost of said work and improvements, and assess the same upon |