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assessment heretofore provided for such cost and expenses, shall first deduct from the whole cost and expenses such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said cost and expenses proportionately upon the lots, parts of lots, and lands fronting on the streets where said work was done, and in the manner heretofore provided. And whenever the city council shall order to be done any of the work mentioned in section two of this act, it shall be deemed to exercise its discretion mentioned in this section, and to include an order for the payment out of its treasury for the excess of any assessment for said work otherwise chargeable upon any lot, or portion of a lot, over and above one half of the valuation of said lot, or portion of a lot, in its last preceding assessment for municipal taxation.
Construction of sewer.
SEC. 27. Whenever the city council deem it necessary to construct a sewer, then the said council may, in its discretion, determine to construct said sewer, and assess the cost and expenses thereof upon the property to be affected or benefited thereby, in such manner and within such assessment district as it shall prescribe, and the lien therefor upon said property shall be the same as is provided in section nine of this act, or said council may determine to construct said sewer and pay therefor out of the street contingent fund.
Special election to incur indebtedness.
SEC. 28. If, at any time, the city council shall deem it necessary to incur an indebtedness for the construction of sewers, in excess of the money in the street contingent fund applicable to the construction of such sewers, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the route and general character of the sewer or sewers to be constructed, and the amount of money necessary to be raised annually by taxation for an interest and sinking fund as hereinafter provided. Such notice shall be published for at least three weeks in some newspaper published in such city, and no other question or matter shall be submitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appear that not less than two thirds or all the qualified electors voting at such election shall have voted in favor of incurring such indebtedness, it shall be the duty of the city council to pass an ordinance providing for the mode of creating such indebtedness, and of paying the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation, within such city, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the city council in each year thereafter, at the time when other taxes are levied, to levy a tax sufficient for such purpose, in addition to the taxes authorized to be levied for city purposes. Such tax, when collected, shall be kept in the treasury as a separate fund, to be inviolably appropriated to the payment of the principal and interest of such indebtedness.
SEC. 29. If bonds are issued under the provisions of the last section, said bonds shall be in sums of not less than one hundred dollars nor more than one thousand dollars, shall be signed by the mayor and treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the mayor and treasurer. Said bonds shall bear interest, to be fixed by the city council, at the rate of not to exceed five per cent per annum.
Proposals for purchase of bonds.
SEC. 30. Before the sale of said bonds, the council shall, at a regular meeting, by resolution, declare its intention to sell a specified amount of said bonds, and the day and hour of such sale, and shall cause such resolution to be entered in the minutes, and shall cause notice of such sale to be published for fifteen days in at least one newspaper published in the city in which the bonds are issued, and one published in the city and county of San Francisco, and in any other newspaper in the state, at their discretion. The notice shall state that sealed proposals will be received by the council for the purchase of the bonds on the day and hour named in the resolution. The council, at the time appointed, shall open the proposals and award the purchase of the bonds to the highest bidder, but may reject all bids.
Sale without notice.
SEC. 31. The council may sell said bonds, at not less than par value, without the notice provided for in the preceding section.
Proceeds of the sale.
SEC. 32. The proceeds of the sale of the bonds shall be deposited in the city treasury, to the account of the sewer fund, but no payment therefrom shall be made, except to pay for the construction of the sewer or sewers for the construction of which the bonds were issued, and upon the certificate of the superintendent of streets and the city engineer that the work has been done according to contract.
Plans and specifications.
SEC. 33. Whenever said council shall determine to construct any sewer, and pay therefor out of the street contingent fund, or by the issuance of bonds, as above provided, then said council shall cause to be prepared plans and specifications of said work in sections, and shall advertise for twenty days in at least one newspaper published in the city in which the sewer is ot be constructed, and one in the city and county of San Francisco, for sealed proposals for constructing said sewer. The work may be let in sections, and must be awarded to the lowest
responsible bidder, the council having the right to reject any and all bids. The work shall be done and the materials furnished under the supervision and to the satisfaction of the superinten dent of streets and the city engineer.
SEC. 34. First-The city engineer, or where there is no city engineer, the county or city and county surveyor, shall be the proper officer to do the surveying and other engineering work necessary to be done under this act, and to survey and measure the work to be done under contracts for grading and macadamizing streets, and to estimate the cost and expenses thereof; and every certificate signed by him in his official character shall be prima facie evidence, in all courts in this state, of the truth of its contents. He shall also keep a record of all surveys made under the provisions of this act, as in other cases. In all those cities where there is no city engineer, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of city engineer, and all the provisions hereof applicable to the city engineer shall apply to such person so appointed; said city council is hereby empowered to fix his compensation for said services.
Second-The words "improve," " 'improved," and "improvement," as used in this act, shall include all work mentioned in section two of this act, and also the reconstruction of all or any portion of said work.
Third-The term "incidental expenses," as used in this act, shall include the compensation of the city engineer for work done by him; also, the cost of printing and advertising; also, the compensation of superintendents of sewers, and of piling and capping.
Fourth-The notices, resolutions, orders, or other matter required to be published by the provisions of this act shall be published in a daily, semi-weekly, or weekly newspaper, to be designated by the council of such city, as often as the same is issued; provided, however, that in case there is no daily, semi-weekly, or weekly newspaper printed and circulated in any such city, then such notices as are herein required to be published in a newspaper shall be posted, and kept posted for the same length of time as required herein for the publication of the same in a semi-weekly or weekly newspaper, in three of the most public places in such city. Proof of the publication or posting of any notice provided for herein shall be made by affidavit of the owner, publisher, or clerk of the newspaper, or of the poster of the notice.
Fifth-The word "municipality" and the word "city," as used in this act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized, for municipal purposes.
Sixth-The words "paved or repaved," as used in this act, shall be held to mean and include pavement of stone, iron, wood, or other materials, whether patented or not, which the city council shall by ordinance adopt.
Seventh-The word "street," as used in this act, shall be deemed to and is hereby declared to include highways, lanes, alleys, crossings, or intersections, courts, and places; and the term "main street" means such actually opened street or streets as bound a block.
Eighth-The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to include, and are hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof, in any city. In all those cities where there is no street superintend ent, or superintendent of streets, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent or superintendent of streets; and all the provisions hereof applicable to the street superintendent, or superintendent of streets, shall apply to such person so appointed.
Ninth-The term "city council" is hereby declared to include any body or board which, under the law, is the legislative department the government of any city.
Tenth-In municipalities in which there is no inayor, then the duties imposed upon said officer by the provisions of this act shall be performed by the president of the board of trustees, or other chief executive officer of the municipality.
Eleventh-The term "clerk," and "city clerk," as used in this act, is hereby declared to include any person or officer who shall be clerk of said city council.
Twelfth-The term "quarter-blocks," as used in this act, as to irregular blocks, shall be deemed to include all lots, or portions of lots, having any frontage on each intersecting street, half-way from said crossing or intersection to the next main street.
Overseer of construction.
SEC. 35. The superintendent of streets shall, when necessary, appoint a suitable person to take charge of and superintend the construction and improvement of each and every sewer constructed or improved under the provisions of this act, and of piling and capping, whose duty it shall be to see that the contract made for the doing of said work is strictly fulfilled in every respect, and in case of any departure therefrom, to report the same to the superintendent of streets. Such person shall be allowed for his time, actually employed in the discharge of his duties, such compensation as shall be just, but not to exceed four dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental expense, within the meaning of those words as defined in this act.
SEC. 36. The act entitled "An act to provide for the improvement of streets, lanes, alleys, courts, places, and sidewalks, and the construction of sewers within municipalities," approved March sixth, eighteen hundred and eighty-three, is hereby repealed; provided, that any work or proceedings commenced thereunder prior to the passage of this act shall in no wise be affected hereby, but shall in all respects be finished and completed under said act of March sixth,
eighteen hundred and eighty-three, and said repeal shall in no wise affect said work or proceedings.
SEC. 37. This act shall take effect and be in force from and after its passage.
The act repealed by the above, and known as "the Vrooman Act," will be found on page
32 of the statutes of 1883.
Street assessment.-A decree cannot be entered in an action to foreclose the lien of a street assessment unless all the owners of the lot are before the court: People v. Doe, 48 Cal.
560; Hancock v. Bowman, 49 Id. 413; Clark v.
Powers of municipal corporations: See,
4410. To grant authority to gas and water companies.
SEC. 4410. The common council, by ordinance, approved by the mayor, may grant to any gas or water company the privilege of laying down pipes in the streets and alleys of such city for supplying gas and water for the streets and buildings thereon, for a term not exceeding twenty-five years.
Stats. 1870, p. 815, sec. 1, modified.
4411. Reservations by cities.
SEC. 4411. In exercising the authority mentioned in preceding section, the common council must reserve the right to grant similar privileges to other companies, and require the laying down of the pipes to be under the reasonable direction of the city authorities, and to be so laid as to do no injury to the proper use of the paving, planking, or macadamizing of the streets and alleys, nor to private property situate thereon.
Stats. 1870, p. 815, sec. 2.
4412. Contract for gas and water.
The common council may contract with gas and water companies for supplying the streets and public buildings with all gas and water necessary for their proper use; the rates to be paid therefor must not be fixed for a term exceeding five years, and the city authorities must reserve the right to abrogate such contract whenever gas or water is offered to be supplied at two thirds of such fixed contract price.
Stats. 1870, p. 815, sec. 3.
4413. Restrictions and conditions to be imposed.
SEC. 4413. In granting authority to lay down pipes, and in contracting for gas and water, the common council must impose such restrictions and conditions, and provide for such locations and construction of gas and water works and pipes as to work the least possible public or private inconvenience, and provide for enforcing such restrictions and conditions.
"Stats. 1870, p. 815, sec. 3. The act of 1870, charters and acts incorporating cities and p. 815, is unrepealed and applicable to all cities towns:" Commissioners' note. not organized under this title, as also all city
4414. Ordinance, how vetoed, and how passed over veto.
SEC. 4414. Every ordinance passed by the common council must before it becomes effective be presented to the mayor for his approbation. If he approve it, he must sign it; if not, he must return it, with his objections in writing, to the common council, who must cause the same to be entered upon its journals, and proceed to reconsider the same. If after such consideration two thirds of all the members of the common council elect shall agree to pass the same, it becomes an ordinance. In all such cases the votes must be taken by yeas and nays, and the names of the members voting for and against the same must be entered on the journal. If any ordinance is not returned by the mayor within ten days (Sundays excepted) after it is presented to him, the same becomes effective, as if the mayor had signed it,
Stats. 1850, p. 87, sec. 21.
4424. Police judge-Vacancy, how filled.
SEC. 4424. The city police judge must be a qualified elector of the city. Any vacancy in the office of police judge must be filled by an appointee of the mayor, made with the advice and consent of the common council.
An Act to create an additional police judge's court for the city and county of San Francisco, to define its powers and jurisdiction. [Approved March 7, 1881; Stats. 1881, 74.]
Additional police judge's court in San Francisco.
SECTION 1. There is hereby created and established in and for the city and county of San Francisco an additional police judge's court, to be known and designated as the "police judge's court No. 2," which court shall have concurrent jurisdiction of all preliminary examinations of persons charged with felony, and of all misdemeanors and violations of city and county ordinances, and all other offenses of which the police judge's court of said city and county now has jurisdiction.
Distribution of cases.
SEC. 2. There shall be, as far as practicable, an equal distribution of cases between the said courts, which cases shall be alternately set down for trial to each court, in the order in which the warrants are issued.
SEC. 3. The mode of examination, trial, and procedure in the police judge's court No. 2 shall in all cases be governed by the same rules prescribed by law for other police courts in similar
Election of judge, when.
SEC. 4. A judge of the police judge's court No. 2 shall be elected at the same time and in a like manner as the police judge of the police judge's court of said city and county, and whose term of office shall be the same. The governor of the state of California shall, within thirty days after the passage of this act, appoint some suitable person as judge of the police judge's court No. 2, who shall hold such office until his successor has been elected and qualified. The compensation of the judge of the police judge's court No. 2 shall be four thousand dollars per annum, payable in the same manner as the salary of the police judge of said city and county is now paid.
Sessions and officers.
SEC. 5. The said police judge's court No. 2 shall hold its session in the city and county of San Francisco, in such central and convenient place as shall provided for that purpose by the board of supervisors. The said board of supervisors shall also, within thirty days after the pas sage of this act, elect some suitable person as prosecuting attorney of the said police judge's court No. 2, at the same salary per annum as is now paid to the prosecuting attorney of the police judge's court of said city and county. And said board of supervisors shall elect a clerk of court, at a salary of one thousand eight hundred dollars per annum, payable in the same manner as the salaries of the judge and clerk of the police judge's court of said city and county are now paid. Powers of judge.
SEC. 6. The judge of the police judge's court No. 2 shall be a conservator of the peace in said city and county, and may exercise all the powers conferred by law upon the police judge as magistrate.
Appointment of bailiff, salary of.
SEC. 7. The judge of said court shall appoint a suitable person to act as bailiff of said court, who shall receive a like compensation for such services as is now paid to the bailiff of the police judge's court for said city and county.
SEC. 8. This act shall take effect and be in force from and after its passage.
An Act to provide for police courts in cities having thirty thousand and under one hundred thou sand inhabitants, and to provide for officers thereof. [Approved March 18, 1885; 1885, 213.]
SECTION 1. The judicial power of every city having thirty thousand and under one hundred thousand inhabitants shall be vested in a police court, to be held therein by the city justices, or one of them, to be designated by the mayor, but either of said city justices may hold such court without such designation, and it is hereby made the duty of said city justices, in addition to the duties now required of them by law, to hold said police court.
SEC. 2. The police court shall have exclusive jurisdiction of the following public offenses committed in the city:
Second-Assault or battery, not charged to have been committed upon a public officer in the discharge of official duty, or with intent to kill.
Third-Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine or by imprisonment, or by both such fine and imprisonment. Fourth-Of proceedings respecting vagrants, lewd, or disorderly persons.
Violation of city ordinances.
SEC. 3. Said court shall also exclusive jurisdiction of all proceedings for violation of any ordinance of said city, both civil and criminal, and of an action for the collection of any license required by any ordinance of said city.
Disability of judge.
SEC. 4. Neither of said justices shall sit in cases in which he is a party, or in which he is interested, or where he is related to either party by consanguinity or affinity within the third degree; and in case of the sickness or inability of the city justices, either of them may call in a justice of the peace residing in the county to act in his place and stead.
Power of judge.
SEC. 5. Each of the city justices, while acting as judge of said court, shall also have power to hear cases for examination, and may commit and hold the offender to bail for trial in the proper court, and may try, condemn, or acquit, and carry his judgment into execution, as the case may require, according to law, and punish persons guilty of contempt of court; and shall have power to issue warrants of arrest in case of a criminal prosecution for a violation of a city ordinance, as well as in case of the violation of the criminal law of the state; also all subpœnas and all other processes necessary to the full and proper exercise of his powers and jurisdiction; and in such of the cases enumerated in this section in which trial by jury is not secured by the constitution of the state, he may proceed to judgment in the first instance without a jury; but on appeal, the defendant shall be entitled to trial by jury in the superior court. Clerk.
SEC. 6. The police court shall have a clerk, to be appointed by the city council, upon the nomination of the mayor, who shall hold office during the pleasure of the council; he shall receive an annual salary of twelve hundred dollars, payable monthly out of the treasury of said city, which salary shall be full compensation for all services rendered by him. The clerk shall keep a record of the proceedings of and issue all process ordered by the city justices, or either of them, or by said police court, and receive and pay weekly into the city treasury all fines imposed by said court. He shall also, each month, render to the city council an exact and detailed account, upon oath, of all fines imposed and collected, and of all fines imposed and uncollected, since his last report. He shall prepare bonds, justify bail, when the amount has been fixed by either of the city justices, or said court, in cases not exceeding one hundred dollars, and may administer and certify oaths. The clerk shall remain at the court-room of said court during business hours, and during such reasonable times thereafter as may be necessary for discharging his duty. Before receiving his salary, each or any month, he shall make and file with the auditor an affidavit that he has deposited with the city treasurer all moneys that have come to his hands belonging to the city. Any violation of this provision shall be a misdemeanor. He shall give a bond in the sum of five thousand dollars, with at least two sureties, to be approved by the mayor, conditioned for the faithful discharge of the duties of his office.
SEC. 7. All fines and other moneys collected on behalf of the city in the police court shall be paid into the city treasury on the first Tuesday of each month, and all bills for fees and costs due the officers of said court shall be reported to the city council each month.
Rooms and dockets.
SEC. 8. Rooms and dockets. The city council shall furnish a suitable room for the holding of said court, and shall also furnish the necessary dockets and blanks. One docket shall be styled "The city criminal docket," in which all the criminal business shall be recorded, and each case shall be alphabetically indexed. Another docket shall be styled "The city civil docket,' and it shall contain each and every civil case in which the city is a party, or which is prosecuted or defended for her interest; and each case shall be properly indexed.
SEC. 9. The police court shall be always open, except upon non-judicial days, and then for such purposes only as by law permitted or required of other courts of this state.
SEC. 10. Appeals may be taken from any judgment of said police court to the superior court of the county in which such city may be located, in the same manner in which appeals are taken from justices' courts in like cases.
Place of imprisonment.
SEC. 11. In all cases of imprisonment of persons convicted in said police court of any offense committed in the city, the persons so to be imprisoned, or by ordinance required to labor, shall be imprisoned in the city jail, or, if required to labor, shall labor in the city.
SEC. 12. Said courts shall have a seal, to be furnished by the city.
SEC. 13. City cases. The city justices shall, on the first Tuesday of each month, make to the city council a full and complete report of all the cases, civil and criminal, in which the city has an interest, or which are required to be entered in the city civil docket, or the city criminal