CHAPTER CLX. An Act authorizing municipal corporations to lease, purchase, own, and operate gravel-beds and quarries, and to transport gravel and rock therefrom to such municipal corporations, for the purpose of making, improving, and repairing roads. [Approved March 27, 1897.] The People of the State of California, represented in Senate and corpora gravel-beds quarries. SECTION 1. Any incorporated city or town in this State may Municipal acquire, lease, purchase, and operate any gravel-bed or quarry tions may within the county where such city or town is situated, and may acquire equip and operate a plant at such gravel-bed or quarry, or and within such town or city, for the purpose of breaking, crushing, or otherwise preparing gravel or rock to be used in making, paving, improving, or repairing its streets. Any such city or town may acquire, lease, or purchase and maintain all necessary roads, rights of way, and tramways over which to transport gravel or rock from such gravel-bed or quarry to such city or town, and all necessary appliances for that purpose. vote SEC. 2. No money shall be expended or expense incurred for Two-thirds any of the purposes set forth in section one, unless the same necessary. is authorized at a regular meeting of the legislative body of such city or town, and by a vote of two thirds of the members thereof. SEC. 3. This Act shall not extend or enlarge any limitation upon municipal taxation or the expenditure of municipal funds, now existing by reason of state laws or city charters in any of the cities or towns of this State. CHAPTER CLXI. An Act to amend section twenty-seven hundred and thirty-seven of the Political Code, relating to bridges and highways, and the construction of bridges over ditches and across highways. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section twenty-seven hundred and thirty-seven of the Political Code is hereby amended to read as follows: 2737. Whoever obstructs or injures any highway, or obstrucdiverts any watercourse thereon, or drains water from his land tion or upon any highway, to the injury thereof, by means of ditches or highways dams, is liable to a penalty of ten dollars for each day such age or seepobstruction or injury remains, and must be punished as pro- age water. injury to by drain vided in section five hundred and eighty-eight of the Penal Code. Any person, persons, or corporation who shall be storing or distributing water for any purpose, and shall permit the water to overflow or saturate, by seepage, any highway, to the injury thereof, shall, upon notification of the road commissioner of the district where such overflow or seepage occurs, repair the damages occasioned by such overflow or seepage; and should such repair not be made within a reasonable time by such person, persons, or corporation, said road commissioner shall make such repairs, and recover the expense thereof from such person, persons, or corporation, in an action at law. All persons excavating irrigation, mining, or draining ditches across public highways shall be required to bridge said ditches at such crossings, and upon neglect to do so, the road commissioner for that road district shall construct the same and recover the cost of constructing said bridge or bridges of such persons by action, as provided in this section; provided, that the Supervisors of Supervis- any county may construct and maintain bridges over any and all ditches used exclusively for irrigation purposes, and which cross public highways in the county over which they have authority, and may, with the consent of the owners of such ditches, declare any and all such bridges to be public property, and maintain and keep the same in repair at the expense of such county. And whoever willfully injures any public bridge is hereby declared to be guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recovered by the county in a civil action; provided further, that every person Carcasses, who knowingly allows the carcass of any dead animal (which matter, etc. animal belonged to him at the time of its death) to be put or to remain within one hundred feet of any street, alley, public highway, or road in common use, and every person who puts the carcass of any dead animal within one hundred feet of any street, alley, highway, or road in common use, or who shall deposit on any highway any refuse or waste tin, sheet-iron, or broken glass, is guilty of a misdemeanor. ors may construct bridges. refuse SEC. 2. This Act shall take effect immediately. CHAPTER CLXII. An Act to amend section three of an Act entitled "An Act to provide for the classification of municipal corporations," approved March 2, 1883, providing for the submission of the question of reincorporation of such corporations at special elections. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three of the aforesaid Act is hereby amended to read as follows: Section 3. The Council, Board of Trustees, or other legislative body of any municipal corporation, may at any time cause ings neces reincorpo ities. an enumeration of the inhabitants to be made, and in such Proceedmanner and under such regulations as such body may, by sary to ordinance, direct. If upon such enumeration it shall appear rein that such municipal corporation contains a sufficient number municipalof inhabitants to entitle it to reorganize under a higher or lower class, the Common Council, Trustees, or other legislative body, shall, upon receiving a petition therefor, signed by not less than one fifth of the qualified electors thereof, submit to the electors of such city or town, at the next general election to be held therein, or at a special election, which the legislative body of such municipal corporation may by ordinance call for that purpose, the question whether such city or town shall reorganize under the laws relating to municipal corporations of the class to which such city or town may belong. And thereupon such proceedings shall be had and election held, as provided in the general law for the organization, incorporation, and government of municipal corporations, and not inconsistent with the provisions of this Act. If a majority of the votes cast at such election shall be in favor of such reorganization, thereafter such officers shall be elected as are, or may be, at the time prescribed by law for municipal corporations of the class having the population under which such reorganization is had; and from and after the qualification of such officers, such corporation shall belong to such class. SEC. 2. This Act shall take effect and be in force immediately from and after its passage. CHAPTER CLXIII. An Act to amend an Act entitled "An Act to provide for the formation of protection districts in the various counties of this State, for the improvement and rectification of the channels of innavigable streams and watercourses, for the prevention of the overflow thereof, by widening, deepening, and straightening, and otherwise improving the same, and to authorize the Board of Supervisors to levy and collect assessments from the property benefited, to pay the expenses of the same," approved March 27, 1895, enlarging the discretion of Boards of Supervisors concerning such districts and improvements. [Approved March 27, 1897.] The People of the State of California, represented in Senate and of protec SECTION 1. Section six of an Act entitled "An Act to provide Formation for the formation of protection districts in the various counties tion of this State, for the improvement and rectification of the chan- districts. nels of innavigable streams and watercourses, for the prevention of the overflow thereof, by widening, deepening, and straightening, and otherwise improving the same, and to authorize the Board of Supervisors to levy and collect assessments from the Survey to be made. property benefited, to pay the expenses of the same," approved March twenty-seventh, eighteen hundred and ninety-five, is hereby amended so as to read as follows: Section 6. Having acquired jurisdiction, as provided in section four hereof, the Board of Supervisors shall cause a survey of said contemplated improvement to be made, or adopt a survey already made; and a map of the survey must be adopted by such board, and thereafter such survey and map shall be the plans to be followed in making such improvements; Rescission provided, that at any time after the adoption of such survey of action. and map, and before any commissioners' report of the assessment of benefits and award of damages has been finally adopted and confirmed by the Board of Supervisors, as provided for by section sixteen of this Act, said Board of Supervisors may rescind their action in adopting such survey and map, and may adopt others in place thereof, or, by the affirmative vote of not less than four fifths of all its members, said board may Abandon abandon its contemplated improvement and disorganize and abolish such protection district, in which case the preliminary expenses already incurred for advertising and surveying shall be a county charge. ment. SEC. 2. This Act shall take effect immediately. Drainage CHAPTER CLXIV. An Act to amend an Act entitled "An Act to provide a system of drainage for agricultural swamp and overflowed lands," approved March 3, 1881, by amending section nine thereof. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section nine of an Act to amend an Act entitled of agricul- "An Act to provide a system of drainage for agricultural swamp swampand and overflowed lands," approved March third, eighteen hundred lands. and eighty-one, by amending section nine thereof, is hereby amended so as to read as follows: overflowed Road overseer to have charge. ors to advertise Section 9. All the ditches and drains constructed under the provisions of this Act shall be in charge of the road overseer through whose district such drains are constructed. The Board of Supervisors shall, at their meeting in December of each year, Supervis- advertise for bids to keep all ditches and drains created under the provisions of said Act clean and free from all rubbish, and for bids to graded to the original established grade, for the period of one year. Said notice shall be given by publication in some paper of general circulation, published in said county, for at least two months before the monthly meeting of said board in January. At which time the bids for doing said work shall be opened and the contract awarded to the lowest responsible bidder, whose bid shall have been accompanied by a certified check do work. tracts, etc. for at least twenty-five per cent of his bid, and which shall be forfeited to the county if he shall fail, refuse, or neglect to file a bond, with two sufficient sureties, payable to said county, Bidders within ten days. Any bidder to whom any contract has been and conawarded, who shall fail, refuse, or neglect to file the bond required by this Act, shall be awarded to the next lowest responsible bidder, and so on until all bidders have had an opportunity of complying with their bid, and the certified check of each bidder who shall have an opportunity to take such contract shall be forfeited to the county, and each bidder except the first shall file his bond within ten days after receiving notice that he has been awarded the contract. If all the bidders shall fail, refuse, or neglect to file a bond and to complete said work, the board shall have power to enter into a contract with any responsible party without advertising; provided, they shall have no power to award the contract for a greater sum than twenty-five per cent more than the lowest bid received upon such advertisement. The amount of said contract shall be levied against the lands in accordance with the apportionment when such ditch was originally constructed, and shall be collected by the Tax Collector at the same time and in the same manner as the state and county taxes are collected. CHAPTER CLXV. An Act making an appropriation for the contingent expenses of the Assembly for the thirty-second session of the Legislature. [Approved March 27, 1897.] The People of the State of California, represented in Senate and tion for of Assem SECTION 1. The sum of two thousand five hundred dollars Appropriais hereby appropriated out of any money in the state treasury contingent not otherwise appropriated, for contingent expenses of the expenses Assembly, thirty-second session of the Legislature, and the bly. Controller of State is authorized to draw his warrant for the same, and the Treasurer of State is directed to pay the same. SEC. 2. This Act shall take effect immediately. |