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safely keep all moneys that shall come to said city, either by taxation or otherwise, and to pay the same out as provided by law, and to do and perform all such other acts as shall be prescribed to him by the common council. He shall, on the first day of January, April, July, and October of each year, make out and present under oath to the mayor a full and complete statement of the receipts and expenditures of the city since his last return, which statement the mayor

shall cause to be published three times in some newspaper printed in the city.

Sec. 39. It shall be the duty of the city attorney to attend to all Attorney. suits, matters, and things that the city may be interested in ; to give his advice in writing, if requested, to the mayor or common council, and do and perform all such things touching his office as by the common council may be required of him.

Sec. 40. It shall be the duty of the secretary of the common coun- Secretary of cil to keep the corporate seal, and all the papers and documents belonging to the city; to file them in his office under appropriate heads; to attend the sittings of the common council, and keep a journal of their proceedings, and a record of all by-laws and ordinances; to countersign all warrants and licenses issued in pursuance of the orders and ordinances of the common council, and affix the corporate seal thereto; to keep an accurate account in a suitable book, under the appropriate heads of expenditures, of all orders drawn on the treasury and all warrants issued in pursuance thereof; also to keep an account in an appropriate book of all licenses issued, with the name of the person to whom issued, the date of the issue, the time for which the same is granted, and the sum paid therefor.

Sec. 41. It shall be the duty of the assessor, in addition to the Assessor. duties that may be prescribed to him by the common council, to make out within such time as the council may direct a correct list of all the property taxable by law within the limits of the city, with the true cash valuation thereof, or what property would probably sell for at public sale as near as can be ascertained, which list certified by him shall be returnable to the common council. The mode of making out said list, and ascertaining the valuation of property and collecting all taxes, shall be the same as that prescribed by law for assessing and collecting a state tax.

Sec. 42. All debts contracted by the president and city council of Provision may be Sacramento city under the charter adopted by the people of said city debts of city. on the thirteenth day of October, A. D. one thousand eight hundred and forty-nine, and all debts contracted by the corporate authorities of Sacramento city under an act passed February twenty-seventh, one

thousand eight hundred and fifty, entitled “ An act to incorporate Sacramento city,” and an act supplementary to an act entitled “ An act to incorporate Sacramento city,” passed March thirteenth, one thousand eight hundred and fifty, shall be presented for allowance to the common council created by this charter, and if said council shall be satisfied of the justice of any such claim, it shall allow and audit it, and by ordinance make provision for its speedy payment. If any claim be rejected the party offering it shall have the right to bring suit thereon against the corporation in any court of competent jurisdiction, and if adjudged to be just and equitable in said court, the corporation shall pay the same, with the right to either party to appeal as in ordinary cases. But no interest shall be allowed any claim or debt exceeding the legal interest of the state, and no interest shall accrue on any claim or debt, until such claim or debt shall be allowed by the council.

Sec. 43. The legislature shall always have power to alter or amend this charter whenever the same may be deemed

proper. Sec. 44. The act entitled “ An act to incorporate Sacramento city," passed February twenty-seventh, one thousand eight hundred and fifty, and the act entitled " An act supplementary to an act to incorporate Sacramento city,” passed March thirteenth, one thousand eight hundred and fifty, are hereby repealed.

Charter may be amended.

Former charter repealed.

CHAPTER CCXVII.

AN ACT to extend and to better define the Powers and Duties of the

City Council of the City of Sacramento, and to authorize the Estab. lishment of Free Schools in said city. (1)—[Passed April 26, 1853.]

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

Assembly, do enact as follows :

May levy a Section 1. In addition to the amount of taxes authorized by law special tax.

to be collected in the city of Sacramento, the common council of said city may, in their discretion, by ordinance, annually cause to be levied a special tax on all property, real and personal, within said

city, of one-fourth of one per cent., to be levied and collected for the For the support support of free common schools within the city, which tax shall, in

all respects, be levied and collected as other city taxes are authorized by law to be levied and collected; and shall be set apart exclusively for the purposes above named.

Amount.

of common schools.

(1) For act of incorporation, see preceding chapter.

receive no

mon council to

and expenses

Sec. 2. The common school tax above provided for shall be ex- To be expended pended under the direction of a board of trustees, to consist of one trustees. member from each ward of the city, appointed annually by the com- How appointed. mon council, on whose orders given from time to time and approved by the common council, the school fund as aforesaid shall be drawn School fund. from the city treasury; Provided, that the said trustees, mentioned Trustees to in this act, shall receive no compensation for their services.

compensation. SEC. 3. Whenever the common council shall think it expedient to Powers of comopen, alter, or improve any street or alley, or to improve any public make public ground, notice thereof shall be given by publication for ten days in Notices to be

. some daily paper published in said city. Should one-third of all publishe

Rights of owners in value, as shown by the last general assessment of the adja- property owners. cent property, protest against the proposed improvement within ten days after the last day of said publication, it shall not then be made. If no such protest be made, the common council shall proceed with such improvement, the expenses of which shall be borne by the prop- Improvements erty adjacent : Provided, that the word “adjacent” shall be con- thereof.

Term adjacent strued to mean the same property as described in section eighteen of defined. the charter of said city, as amended and improved March fourteenth, one thousand eight hundred and fifty-three, and the assessment, levy and collection of said assessment, and the power of sale, and right of Collection of redemption shall, in all respects, be the same as mentioned in said Right of

redemption. city charter, except that no petition shall be required when the proposition and notice come from the council as provided herein. Should any person or persons be dissatisfied with any special assessment made for the opening, improving, or altering streets, or improving public grounds, such person may appeal to the common council, who shall hear and determine said appeal, and make such order in the Appeal. premises as to them shall seem just and equitable, and their decision shall be final and conclusive.

Sec. 4. Whenever the principal sum of the loan or loans which New loans may have been, or shall hereafter be made by the said city council, or any payments on

public debt. part thereof shall be about to become due and payable, and the financial condition of the city at the time shall be such, in the opinion of the city council, as to render it expedient to create a further loan or loans for the purpose of paying such principal sum about coming due, the city council shall be authorized, by ordinance or otherwise, How effected. to create from time to time, and as often as may be necessary, further loan or loans upon the faith and credit of the city, and upon

the pledges and securities authorized by law to be given : which loan or loans shall be for such amount as may be required for the purposes

be made to meet

interest.

Duration of loans aforesaid. The loans last aforesaid shall be for a period not less than and payment of

five years, nor more than twenty years, and shall in all respects conform to, and be subject to the conditions, restrictions and provisions of the city charter : Provided, the loan or loans hereby authorized, shall be made at a rate of interest not to exceed twelve per cent. per annum.

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