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Duty of assessors

to collect all license taxes, and all taxes and assessments that may be due according to the assessment books, and to pay over the same to the treasury in the specific funds received.

Sec. 9. It shall be the duty of the assessors to prepare, within such time as the common council may direct, a correct list of all the tarable property within the city, with the true valuation thereof, and to present the same, certified by them, to the common council. The mode of making out said list and of ascertaining the value of property and of collecting all taxes, shall be the same as is or may be prescribed by law for assessing and collecting the state revenue. Should the owner of any property assessed as aforesaid not be satisfied with the valuation thereof, he may apply, under oath, to the board of assessors for the reduction of the assessment. If said board refuse, he may

appeal to the board of aldermen, and their decision shall be final. Duty of recorder. Sec. 10. The recorder, as to offences committed within the city,

shall have like jurisdiction as may be conferred upon justices of the peace. He shall also have final jurisdiction in all cases of assault, riot, breach of the peace, and petit larceny, and all crimes and misdemeanors punishable by fine not to exceed five hundred dollars, or imprisonment not to exceed three months, or both such fine and imprisonment.

Sec. 11. The common council shall prescribe the duties of all officers whose duties are not defined in this act, or in any other law of this state, and it shall be the duty of the officers of the city generally to perform all such services as may be required by law, or the ordinances of the common council.

Sec. 12. The several officers under this charter shall receive for their services out of the city treasury a compensation to be fixed by ordinance, not to exceed four thousand dollars a year : Provided, that the treasurer shall receive in lieu of salary not to exceed one half of one per cent. on all moneys received, paid out, and accounted for by him, and the collector not to exceed one per cent. on all moneys collected and paid over.

Sec. 13. The compensation of the mayor's and recorder's clerks shall not exceed two thousand dollars each, per annum, nor shall that of the clerk of either board of aldermen exceed twelve hundred dollars. Each assessor shall receive not to exceed fifteen hundred dollars, and no officer, or department, shall be entitled to any clerk or deputy unless as herein expressly provided.

Sec. 14. The members of the common council shall receive no compensation for their services.

Sec. 15. If any person elected to a city office shall remove from

Duties of other officers.

Salaries.

Treasurer.

Clerks' salaries.

Common council.

treasury.

the city, absent himself therefrom for more than thirty days, or shall When office

deemed vacant. fail to qualify within ten days after his election, his office shall be deemed vacant.

Sec. 16. The officers elective under this charter shall continue in Term of office. office for one year or until their successors are qualified; but any officer may be removed for misconduct by impeachment. Sec. 17. All officers or persons to whom the receipt or expend- Officers to

give security. iture of the moneys or funds of the city shall be intrusted, shall give security, in such amount as the common council may require, payable to the city, and subject to the approval of the mayor. Such bond shall be subject to the provisions of law concerning bonds of officers. Sec. 18. All fees, costs, fines, perquisites, or emoluments for any Fees, etc., to

be paid into services to be performed by any officer or person under this charter, or collected under any ordinance of the common council, shall be paid over every week by such officer or person into the city treasury under oath; and no officer shall be entitled to receive his salary till he shall file his affidavit with the comptroller that he has faithfully accounted for and paid over all moneys for which he is bound to account.

Sec. 19. For any violation of the tenth, eleventh, or seventeenth Violating sections of article third, or of the eighth or eighteenth sections of article fourth, or of the seventh section of article sixth of this charter, the party so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, may be punished by fine not to exceed five thousand dollars and imprisonment not to exceed one year.

Sec. 20. The officers of the present city government shall continue Present officers in office under this charter with such powers and duties as are herein prescribed until their successors are qualified ; and nothing herein contained shall be construed to release any persons heretofore holding office in said city from any personal liabilities which they may have incurred by their official acts.

this act.

to continue.

ARTICLE V.

STREETS AND IMPROVEMENTS.

Commissioners

Section 1. The mayor, street commissioner, and assessors shall constitute a board of commissioners of assessment. When private of assessments. property is taken for public purposes and the valuation by said commissioners is not satisfactory to the owner thereof, he may require that the matter be submitted to the jury before the superior court, and the value found by the jury, when confirmed by the court, shall

Notice of improvements.

Assessment for improvements.

be the amount which the owner shall be bound to accept and entitled to receive before the property is taken.

Sec. 2. Whenever the common council shall think it expedient to open, alter, or improve any street, or alley, or to improve any public grounds, notice thereof shall be given by publication for ten days in some daily paper. Should one-third of all the owners of the adja. cent property protest against the proposed improvement, it shall not then be made. If no such protest be made, the common council shall proceed with such improvement, at least two-thirds of the expense of which shall be borne by the property adjacent.

Sec. 3. The assessment for said improvement shall be made by the commissioners named in section first, and shall be proportionate to the advantages respectively derived from such improvement.

Sec. 4. Should any person be dissatisfied with the assessment by said commissioners he shall appeal to the board of aldermen, whose decision shall be final.

Sec. 5. Whenever two-thirds of all the persons owning property on any street or lane shall apply to the common council for any im. provement thereof, the same shall be made on such conditions as the common council may determine, said persons paying at least two thirds of the expenses of such improvement.

Appeal from assessment.

Improvements, on application of owners.

ARTICLE VI.

MISCELLANEOUS PROVISIONS.

Fiscal year.

Ordinances.

The like.

Taxation.

Lacenses.

Section 1. The fiscal year of the city shall begin on the first day of July.

Sec. 2. Every ordinance of the common council shall embrace but one subject and that shall be expressed in its title.

Sec. 3. The ordaining clause of the city ordinances shall be, - The people of the city of San Francisco do ordain as follows.”

Sec. 4. Taxation shall be uniform throughout the city.

Sec. 5. Licenses shall be discriminating and proportionate to the amount of business.

Sec. 6. All sales or leases of property belonging to the city shall be by public auction.

Sec. 7. All contracts for work or supplies shall be let to the lowest bidder after notice given through the public newspapers, and no officer shall be interested in any contract connected with his department.

Sec. 8. The common council shall have no power to grant exclusive privileges.

Sales.

Contracts.

Privileges.

of produce, etc.

Sec. 9. The common council shall appoint no officers for weighing, No inspectors measuring, gauging, culling, or inspecting any merchandise, produce, manufacture, or commodity; but nothing in this section shall prevent their passing any ordinance necessary for protecting the public health.

Sec. 10. The common council shall have power to raise by tax Amount of taxes. any amount of money that they may deem expedient, whenever the ordinance for that purpose shall have been approved by the people.

Sec. 11. When any amendment to this charter shall have been Amendment agreed to by three-fourths of all the members elected to each board, it may be submitted to the people at any general election; and if approved by them it shall become a part of the charter. Said amendment shall be published at least sixty days before said election. It shall also be the duty of the common council to call a convention of delegates for the revision of this charter. Said convention shall meet on the first Monday of March, one thousand eight hundred and fiftythree, and shall consist of three members for each ward. Should the charter as amended and adopted by said convention be approved by the people at any general election, it shall become the charter of the city of San Francisco—subject, however, to the approval of the legislature.

Sec. 12. The act entitled “ An act to incorporate the city of San Act repealed. Francisco," passed April fifteenth, one thousand eight hundred and fifty, is hereby repealed.

[blocks in formation]

AN ACT to incorporate the City of Sacramento. (1)-[Passed. (2)]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :
Section 1. All that tract of land lying within the limits and Boundaries

of city. boundaries hereinafter mentioned, that is to say, beginning at the

(1) For duties of city council, see next chapter.

EXECUTIVE DEPARTMENT,

.} (2) The within (above) bill is regarded as oppressive and extraordinary in many of its features, but not regarding it as infringing any particular principle of the constitution, and as it is the act of the representatives of Sacramento county, and presuming it to be the wish of the people of Sacramento city, I permit it to become a law, by the operation of time, without approving or returning it to the body in which it originated.

John McDoUGAL.

government to continue until, etc.

this act.

junction of the American fork with the Sacramento river, thence down said Sacramento river to Y street, as designated on the map or plan of Sacramento city, on file in the recorder's office in said city, thence along said Y street, east, to the point where the said Y street intersects thirty-first street, as designated on said map, thence along the said thirty-first street until the same intersects the American fork, thence along the American fork to the place of beginning, the said boundaries extending to the middle of said Sacramento river and American fork, shall hereafter be known by the name of the “ City

of Sacramento." Present city

Sec. 2. The present city government shall continue in office until

the election and qualification of the officers to be elected under the City to be divided provisions of this act. They shall divide the city into three wards,

the population of which shall be as nearly equal as possible, from Election, under each of which shall be elected three councilmen by the qualified

voters therein. The common council shall direct an election to be held in the different wards of the city for the election of the officers specified in this act, in the manner hereinafter required, and may,

in their discretion, increase the number of wards. City officers.

Sec. 3. For the government of said city there shall be a mayor,

recorder, and council, to consist of nine members. The said mayor, To be a corporate recorder, and councilmen shall be a body politic and corporate by the body.

name and style of the “mayor and common council of the city of Sa. cramento,” and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued in all courts and in all actions whatsoever, may purchase and hold property, real and personal, within said city, they may also receive and hold, for the use of the city, legacies and donations, both of real and personal property, but shall not sell any real estate without the consent expressly given of a majority of the legal voters of said city: Provided, that they shall purchase no real estate other than such land or lots within the city as shall be necessary for the erection thereon of public buildings, or for the laying out of streets or public grounds, or such lands without the city as may be required for burial grounds, except as provided in section seventeen, and shall have a common seal, and may alter the same at pleasure.

Sec. 4. There shall be elected in said city, at the time and the manner of corporate officers, etc. hereinafter prescribed, a mayor, recorder, nine councilmen, a city mar.

shal, a city attorney, assessor, treasurer, and harbor master, but no person shall be eligible to the office of councilman or qualified to vote for the same in any ward other than that in which he has resided at lcast ten days before the election; and no person shall be eligible to

Election

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