Manner of

election.

second Monday of April, A. D. one thousand eight hundred and fifty-nine, and their successors on the second Monday of April of each and every succeeding year, at a charter election to be held for that purpose, by the legal voters resident of said City, and they shall hold their offices for one year, and until their successors are elected and qualified.

SEC. 4. For the first election held to fill the offices created by conducting this Act, the present Board of Trustees of the City of San José shall appoint one Inspector, and two Judges of Election, who, together with two Clerks to be appointed by them, shall take the oath of office prescribed by law for Inspectors and Judges of State and County elections, (the said election to be held at the City Hall,) declare the polls to be open, proceed to receive votes, and declare the result. No person shall be entitled to vote, nor to hold any office by this Act created, unless he shall be a qualified elector under the laws of the State. The persons having a plurality of all the votes cast shall be declared elected. At all subsequent elections, the Common Council shall designate the officers of election, and the compensation of each shall not exceed three dollars per day; and all returns of City elections shall be made out and signed by said officers of election, and filed with City Clerk. The polls for all City elections shall be opened at eight o'clock, A. M., and continue open until six o'clock, P. M., of the same day. In case any of the officers so designated shall fail to attend, those attending shall fill their places by other competent voters.

Treasurer and Clerk.

In case of vacancy.

Duty of
Mayor.

SEC. 5. The Mayor and Common Council shall, on the first Monday after their election, meet for the transaction of business, and shall then select some suitable person as City Treasurer, and also as City Clerk, and shall thereafter meet on the first Monday of each succeeding month for the transaction of City affairs.

SEC. 6. If, at any time, either or any of the officers created by this Act shall, by sickness, absence, or otherwise, be unable to perform the duties of his office for a longer period than three months at any one time, his office shall be deemed vacant.

SEC. 7. If any such vacancy shall occur in the office of Mayor, Councilman, Marshal, or Assessor, at any time three months previous to the regular election, the same shall be filled by a special election, to be called by the Common Council for that purpose, by giving ten days notice thereof. Should such vacancy occur less than three months previous to any regular election, the same shall be filled by the Common Council. All other vacancies shall be filled by the Common Council.

SEC. 8. The Mayor shall preside at all the meetings of the Common Council, but shall be entitled to no vote, unless in case of a tie. He shall communicate to the Common Council all such information as he possesses, and make such recommendations in regard to the affairs of the City as he may deem expedient, at such meetings, and he shall make out and publish in some newspaper printed in said City, a semi-annual report and statement on the first Mondays of September and March of each year, of the receipts and expenditures of the preceding months, specifying upon what account each expenditure and receipt was made

and had, and embodying, also, his views and recommendations

of the City affairs.

SEC. 9. The Mayor shall ex officio be a Justice of the Peace Justice of within and for the Township of San José, in said County of the Peace. Santa Clara, and he shall have the like power and jurisdiction as is conferred by law upon Justices of the Peace, both in criminal and civil cases, and may issue all such writs and process, as such Mayor, as a Justice of the Peace may lawfully do, subject to all the rules, and with the same fees, as provided by law for Justices of the Peace. The Mayor shall also have jurisdiction in all cases of violations of City ordinances, and may hold to bail, fine, or commit to prison, persons found guilty of any violations thereof, and according to the provisions of such ordin

ances.

Common

Council.

SEC. 10. The Common Council shall pass such ordinances, Powers of from time to time, as they may deem expedient for the regulation of the municipal affairs of the City of San José, and for that purpose shall have power to make provisions for paying, or in any manner liquidating, the indebtedness of the City, in accordance with the provisions of this Act, and such laws as are now in force providing for the funding of the indebtedness of said City; to fix the amount of penalty on the bonds of the several City officers, and such bonds shall be made payable to the Mayor and Common Council of the City of San José; Provided, the penalty on any bond shall not be less than double the amount of money presumed to be in his or their hands at any one time; to prevent and remove nuisances within the limits of the City; to license, regulate, and restrain, theatrical and other amusements within the City; to license all and every kind of business authorized by law, and transacted or carried on in said City, and to fix the rate of license-tax upon all such business, which shall not exceed the amount fixed by law for State and County purposes, with fifty per cent. added thereto; Provided, that in the business of selling intoxicating liquors in less quantity than one quart, they may impose any amount in their discretion; and on any other business not provided for by law, the amount of license shall be fixed at their discretion, for the interests of the City; to establish and regulate markets; to purchase, hold, and maintain, fire-engines and implements for the prevention and suppression of fires; to construct wells and cisterns, and keep the same in repair; to organize and maintain fire departments, and supply the City with water; to lay out, alter, widen, open, improve, and cleanse the streets, alleys, and public places; to use, occupy, and repair, any property of the City; to impose and appropriate fines, penalties, and forfeitures, for breaches of City ordinances; to levy and collect taxes upon all the taxable property within the City, which taxes for City purposes shall not exceed the sum of one-half of one per cent. on the assessed value of the real and personal property in said City, as adjusted by them; to pass such other ordinances and by-laws, for the regulation of the police and government of the City, as they shall deem necessary— all of which ordinances shall be published in such manner as shall be prescribed by the Common Council.

SEC. 11. Every ordinance passed by the Common Council, in Ordinances.

Prohibition.

Presentation of claims.

To levy special tax.

Improvem'ts

order to possess legal force, shall receive a majority vote of the members present, and the approval of the Mayor; or, if he shall refuse to approve the same, to render such ordinance valid it shall require the votes of four of the Councilmen.

SEC. 12. The Common Council shall have no power to create any debt, upon the credit of the City, nor to make any expenditure for improvements except as provided for in this Act, nor shall any warrant be drawn on the City Treasury, unless there shall be sufficient moneys to meet the same, after paying the expenses of the Government, and all other demands legally due.

SEC. 13. All demands that shall lawfully arise against the City, in order to be entitled to payment, shall, after being verified by the oath of the claimant, be presented to, and allowed for such amount as shall be just by, the Common Council, and shall be signed by the Mayor, and countersigned by the Clerk, and the same, after being so allowed, shall, on presentation to the City Treasurer, be paid as hereinafter provided, out of any Fund upon which such warrant shall be drawn.

SEC. 14. At each regular meeting of the Common Council, they shall inquire into the condition of the streets, bridges, school-houses, fire department, and all property belonging to the City, and if it shall appear that the interests of the City demand an expenditure of more money than there is in the treasury; appropriated for such purpose, or to recover possession of any real estate or property of said City, they shall make a report of the same, to be published in some newspaper in the City, particularly specifying the object, or objects, for which the expenditure is required, and the amount of money necessary to be raised by tax to meet the same, and immediately thereafter the said Council shall call an election, giving ten days notice thereof, at which the persons who are legal voters, and tax-payers, of said City, may vote for or against a tax to meet the proposed expenditures. The voting shall be by ballot, and a majority vote shall determine if such tax shall be levied or not. The Common Council shall examine and declare the result, and if the vote is in favor of levying the tax, the Common Council shall forthwith order the tax, or taxes, to be levied and collected, upon the basis of the last assessment, and shall make the proposed expendi ture; Provided, that the special tax thus levied, shall, for no one year, exceed more than one-half of one per cent. on the valuation of property, as shown by the last assessment-roll, and shall be levied and collected as provided by law for the levy and collection of State and County taxes; Provided, further, that no special tax for any one year shall exceed the amount of three thousand dollars.

SEC. 15. If, at any time, the owners of two-thirds of the real estate fronting on any street, counting from one cross-street to the next cross-street, shall petition the Common Council for the privilege of constructing, repairing, grading, or paving the sidewalks or streets, then it shall be the duty of the Common Council to cause an immediate survey of the proposed improvements to be made by some competent surveyor, giving the proper grade, also the amount of excavation or filling, in the front of each person's real estate, to the middle of the street, or if the

improvement only extends to the sidewalks, then the surveyor shall give the amount of excavation or filling of said sidewalks, with an assessment of the cost of such improvement, to each of said persons, which assessment shall constitute a lien on the real estate fronting which is the proposed improvement; Provided, it shall be the privilege of each and every owner of said real estate to make their improvements in accordance with the specifications made by the ordinance for that purpose, and should said owner or owners fail to make their improvements within the time specified in said ordinance, then it shall be the duty of the Marshal forthwith to let out all that remains unfinished at the expiration of the time fixed for doing the same, and if the owner or occupant shall fail, or neglect, or refuse, to pay for such improvements, as soon as completed, it shall be the duty of the Marshal, by order of the Common Council, to institute suit for the recovery of the same, and the judgment rendered thereon shall constitute a lien upon said real estate, which may be sold under execution; Provided, further, the cost of the survey and assessment of said improvements shall be paid by the City.

purchase

SEC. 16. The Mayor and Common Council shall succeed to all Council may the rights, titles, interests, possessions, credits, and immunities, liabilities, debts, and obligations in law or in equity, that shall be enjoyed, or owed, by the Board of Trustees of the City of San José at the time of the taking effect of this Act, or of the government of said City since its first incorporation, with its rights, incidents, and liabilities. The said Common Council may purchase, hold, and receive property, real and personal, within said City, necessary for public purposes, and may lease the same for a term not exceeding ten years, for the benefit of the City. They may impose fines and imprisonment for any breach or violation of any City ordinance, but no fine shall be imposed for a greater amount than one hundred dollars, nor more than thirty days imprisonment for any one offence, or sixty days labor on the streets or property of the City, which labor said Council shall have power and authority to impose, on failure to pay the fine.

SEC. 17. At the first meeting of the Common Council, after the charter election, they shall select some suitable person as City Clerk, who, before entering on the duties of his office, shall take the oath of office, and give bond in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office, and whose duty it shall be to keep a true record of all business transacted by the Common Council; to grant certificates of license, on the presentation of receipts, signed by the Marshal, stating that the license-tax, imposed by ordinance on the business of the applicant, has been paid to him; and shall keep a true list of all such licenses granted by him, and the amount of moneys received by the Marshal as shown by such receipts; to apportion the taxes upon the assessment; and to make out and deliver to the Marshal a tax-list, in the usual form, as soon as practicable after the Common Council, as a Board of Equalization, have equalized the assessment; and to perform such other duties as may be prescribed by ordinance, or required by

Duty of City

Clerk.

Treasurer.

Marshal.

Assessor.

Mayor.

said Council; and for his services as Clerk, he shall receive a salary of two hundred and fifty dollars a year, payable quarterly.

SEC. 18. At the same time as the selection of a Clerk, the Common Council shall also select some suitable person as a City Treasurer, who shall take the oath of office, and give bond as prescribed by ordinance, and whose duty it shall be to receive and safely keep all moneys that shall come to his hands as City Treasurer, and pay out the same on the order of the Mayor, countersigned by the Clerk, and take receipts therefor, and to perform such other duties as shall be required of him by said Council; and for his compensation, said Treasurer shall be allowed a commission of two per cent. on all moneys paid into the City treasury, which he may retain in his hands, but no allowance shall be made him for money paid out as such Treasurer; and the Treasurer shall make out a quarterly statement of his receipts and payments, and file the same with the City Clerk.

SEC. 19. It shall be the duty of the City Marshal, in addition to any duties required of him by the Common Council, and he is hereby authorized, to execute and return all process issued by the Mayor, or directed to him by any legal authority, and to attend upon the Mayor's Court regularly; to enfore all ordinances passed by the Council, and arrest all persons guilty of a violation of the same; to prosecute before the Mayor for all breaches or violations of City ordinances; to collect all the license-taxes that shall at any time be due the said City, and to receipt for the same; to receive the tax-list, and, upon receipt thereof, to proceed and collect the same, at the same time and manner as is prescribed for the collection of State and County taxes; the said Marshal being hereby vested with the same powers to make collections of taxes, by the sale and conveyance of real estate, as is, or shall be, conferred upon Collectors or Sheriffs for the collection of State and County taxes, and it shall be the duty of said Marshal to collect, in the same manner, any tax-list placed in his hands for that purpose, without any unnecessary delay, and pay all taxes and licenses to the Treasurer, monthly, and take his receipts therefor, retaining his per centage therefor, which shall not exceed two and one-half per cent. The City Marshal shall also be invested with all the powers conferred by law upon Constables, and shall receive the like fees for his services, to be paid in like manner. He may also, with the consent of the Common Council, appoint one or more Deputies.

SEC. 20. It shall be the duty of the City Assessor, in addition to any duties required of him by the Common Council, between the first day of May and the first day of August of each year, to make out a true list of all taxable property within the limits of said City, which list, certified by him, shall be placed in the hands of the Common Council for equalization; the mode of making out such list and ascertaining the value of property, shall be the same as that prescribed by law for assessing State and County taxes; and the Assessor shall receive for his services the sum of two hundred and fifty dollars per annum.

SEC. 21. It shall be the duty of the Mayor, and he is hereby