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Sec. 8. For the purpose of paying the interest on any debt or debts that may be contracted by the aforesaid corporation under this Act, and to provide for the payment of the principal of the same when due, said corporation is hereby authorized to mortgage the rents and profits derived from the improvements to be made with the money borrowed under the provisions of this Act, and also to levy and collect, in manner as prescribed for the levying and collection of other taxes, a special tax or taxes, not exceeding the rate of one (1) per cent. per annum, on all the taxable property in the City of Los Angeles, should the whole of said amount of two hundred thousand ($200,000) dollars be borrowed, and in proportion should the loan or loans made be less than said entire bum, and said special tax or taxes shall continue to be levied and collected without increase or diminution of the rate set forth in the notice of election, provided for in section fifth, until the debt, to the payment of which the same is applicable, shall be satisfied.
Sec. 9. The moneys arising from the taxes herein before* authorized, shall be set apart by the City Treasurer, constituting a separate fund or Funds, one Fund for each and every loan created under this Act. The City Treasurer shall pay, out of said Fund or Funds, annually, the interest accruing on the said loan or loans, respectively; and the surplus of the said Fund or Funds, after such payment of interest, shall be applied as follows: The said Treasurer, annually, immediately on ascertaining the amount of the surplus in said Fund, or Funds, shall advertise for proposals to the holders of the debt or debts, herein before mentioned, for the cancellation of the principal of the same; said proposals to be sealed and submitted to the Mayor and Common Council of said City for approval, and the Mayor and Common Council shall approve and accept the proposal or proposals most favorable to the said City, and order such surplus funds to be applied accordingly : Provided, that the Mayor and Common Council may have the power to reject all or any of the proposals made in any one year, and retain the surplus money in such Fund or Funds, to be applied and paid on accepted proposals in the next following year. But such surplus funds shall not be applied to any purpose, other than the satisfaction of the specific debt, for the payment of which they were collected; nor shall the Funds created and authorized under this Act be mixed, one with the other, but for each loan there shall be a separate Fund.
SEC. 10. The notice for proposals to holders of indebtedness, directed by the preceding section, shall be given in English and Spanish, in some newspaper or newspapers published in Los Angeles County, at least once a week, for one (1) month preceding the day fixed for the receipt of such proposals.
Sec. 11. The bonds, or evidence of indebtedness, which may be issued, under this Act, shall be signed by the Mayor of said City, and the President of the Common Council, and countersigned by the City Treasurer; and the Treasurer shall keep a record of the same, in a suitable book, setting forth amount, rate of interest, when and to whom payable, date, and on what Fund issued.
Sec. 12. Upon the creation of any loan under the provisions
of this Act, and previous to the receipt of any money under it, the City Treasurer shall deposit with the Common Council a good and sufficient bond, with three or more sureties, approved by the Mayor and Common Council, in a sum equal to double the amount of such loan, conditioned for the due and faithful discharge of his duty in receiving, keeping, and disbursing such loan, for which services, in so receiving and disbursing—which shall, in all cases, be upon the order of the Common Council-he shall be allowed, upon the disbursement, two per cent. on all sums, and shall file a quarterly report, counting from the first day of May of each year, setting forth a full statement of all receipts and disbursements, with the City Council.
Sec. 13. All and singular of the right, title, interest, and es- Reservoirs. tate of the State of California held by said State as eminent domain, is hereby granted to the corporate authorities of the City of Los Angeles, to the extent which may be required by said City, for a distance of three miles from without the present confirmed limits of the said City, for the purpose of making a waterditch or water-ditches, dam or dams, a reservoir or reservoirs. The Mayor and Common Council of the said City are hereby invested with all the privileges, powers, and rights, now conferred by law upon railroad companies, in and about the right of way over, and the right of entering into, and the right of appropriating and undermining, for their own use, any lands that they, or their officers, may judge necessary for the suitable prosecution and success of their water-improvements, by section twenty-seventh of said Act, as amended on the tenth of April, one thousand eight hundred and fifty-five.
CHAP. CXCIV.-An Act to authorize the Board of Supervisors of
[Approved April 11, 1859.]
Assembly, do enact as follows : SECTION 1. To the County of Sutter is hereby granted the right and privilege of constructing and keeping, across Feather to construct
bridge. River, a bridge for public use, extending from Fifth street of the City of Marysville, in the County of Yuba, to the opposite bank of said River.
SEC. 2. The said bridge shall have a double track, of sufficient Width. width and capacity for the accommodation of the public, and shall be constructed in a good and substantial manner, of durable and proper material, with a draw of not less than thirty feet in width.
Sec. 3. The Board of Supervisors of said County shall have the Bridge fund. power to receive subscriptions and donations for the erection and construction of said bridge, and shall, upon the payment of any such subscription, or the receipt of any such donation, make imme
Disbursing of fund.
Plans and specificat'ns.
diate deposit of the money arising therefrom with the County Treasurer of said County, to the credit of a fund which shall be called "The Bridge Fund," taking the Treasurer's receipt therefor.
Sec. 4. The Treasurer of said County shall receive any and all funds paid over to him under the provisions of this Act, and shall enter the same upon the books of his office to the credit of the “ Bridge Fund," and shall disburse the same upon the wars rants of said Board of Supervisors on such Fund.
SEC. 5. Within twenty days after there shall have been subscribed and paid into the Treasury, for the purpose of the erection of said bridge, a sum not less than five thousand dollars, said Board of Supervisors shall make advertisement in one or more daily public newspapers published in this State, for thirtù days next thereafter, for plans and specifications for the construction of said bridge, and shall, within twenty days after the expiration of the time specified for such advertisement, adopt a plan of said bridge, and, immediately thereafter, make public advertisement, for thirty days, in one or more daily newspaper published in this State, stating a readiness on the part of said Board to receive proposals for the construction of said bridge, in accordance with the plans and specifications adopted, and that they will award the contract to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same.
Sec. 6. Any contract entered into for the construction of said bridge, as herein before provided, shall stipulate for the completion thereof within six months after the making of such contract, and shall provide for the payment thereunder, to be made by the warrants of the Board of Supervisors, upon the Treasurer of said County, payable out of any moneys in his hands belonging to the said Bridge Fund.
SEC. 7. Said Board of Supervisors are hereby authorized to draw their warrants upon the County Treasurer of said County, payable out of the “ Bridge Fund,” in accordance with any contract they may make under the provisions of this Act, and such warrants, from the time of their presentation to the County Treasurer for payment, until paid, shall bear interest at the rate of ten per cent. per annum; Provided, however, that no warrant shall bear interest for a longer period than three months, unless the same shall bave been presented for payment during that time.
Sec. 8. It shall be the duty of said County Treasurer to keep a register of said warrants, in order of their presentation for payment, and if there be no moneys in his hands belonging to said Bridge Fund, to indorse upon the back of each warrant the date of said presentation, and thereafter to pay the same in their order of registry, as, from time to time, any moneys shall be paid over to him to the credit of said Bridge Fund.
Sec. 9. The Board of Supervisors, upon the erection and completion of said bridge, are hereby authorized and empowered to charge and collect such rates of toll as they may, from time to time, by the action of said Board, fix, until the sum arising therefrom, over and above the cost and charges of collecting the
Rates of toll.
same, shall amount to fifteen thousand dollars, or shall amount to a sum sufficient to pay for the cost and expense of constructing said bridge, over and above the amount donated for that purpose; Provided, the cost of said bridge, over and above the amount donated, be less than fifteen thousand dollars, from and after which time the said bridge shall be free for all crossings of persons or property
Sec. 10. Said Board of Supervisors shall appoint some suit- Collector of able person to collect and receive the tolls charged for the crossing of said bridge, and shall require from the person so appointed a bond for the faithful performance of his duties, in a sum not less than one thousand dollars, to be approved by said Board.
Sec. 11. It shall be the duty of the person so appointed for the Pay to collection of tolls, to pay over to the County Treasurer of said Cremstyr County, each day, to the credit of the Bridge Fund, all moneys or tolls collected by him the preceding day, taking the Treasurer's receipt therefor, which receipt shall be filed by such person at the end of each week, with the County Auditor of said County. The charged amount of each day's payment to the Treasurer, with the date thereof, shall be entered by the person making such payment in a book to be kept by him for that purpose; and at each meeting of the Board of Supervisors such person shall make oath that such entries contain a full, true, and accurate, account of all moneys collected by him for, or on account of, tolls or crossing of said bridge.
Sec. 12. Said Board of Supervisors may regulate and deter- Regulation s. mine the speed of travel, riding, or driving, upon said bridge, and may require the speed not to be faster than a walk, and for each violation may recover judgment before any competent Court, for any damage sustained by such travel, riding, or driving, exceeding the speed authorized. There shall be kept, in some conspicuous place, at each end of the bridge, a bulletin-board, which shall contain the scale of prices or tolls, and notice of speed allowed on said bridge.
Sec. 13. The Board of Supervisors of said County shall lo- Roads. cate and open such road or roads, to or from said bridge, as the public convenience may demand; and, for that purpose, may enter upon and take possession of any land and real estate. If the same be private property, and the right of way
. over and through it be not obtained by agreement, within thirty days after the passage of this Act, said Board of Supervisors shall immediately appoint three disinterested persons as Commissioners to appraise the damage done to such land and real estate by such road or roads, and the compensation to be made therefor. Such Commissioners shall, after publication of notice of the time and place of meeting for ten days, in some newspaper published in the City of Marysville, immediately proceed to hear, examine, and determine, such question of damage and compensation, and to award the amount of the same to the person or persons in their judgment entitled thereto, and the amount so awarded shall at once be paid over to the party or parties so entitled; Provided, however, that any conflicting claims to the ownership of such land or real estate, or to the amount so awarded as damage or compensation, or said Commissioners can
not determine who are such owners and entitled to such compensation, such conflict or inability to determine shall not in any manner operate to prevent the immediate opening of such road or roads; but in such case, the amount of the damages so assessed, and compensation awarded, shall be placed in the County treasury of Sutter County, subject to the order of the party or parties establishing the right thereto, and thereupon the said Board of Supervisors shall proceed as though such compensation had been paid to parties entitled thereto.
Sec. 14. A majority of said Board of Supervisors shall be competent to perform all business to be done by said Board under the provisions of this Act.
CHAP. CXCV.-An Act to authorize the County of Santa Barbara
to issue Bonds for the Funding of its Debt and the Construction of Roads, and to provide for the Payment of the said Bonds.
[Approved April 11, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. The County of Santa Barbara is hereby authorto fund the ized to fund that part of its debt, consisting of warrants out
standing and unpaid, drawn upon the General Fund of said County, before the date of March the first, A. D. one thousand eight hundred and fifty-nine; and to that end, the President of the Board of Supervisors, the County Auditor, and the County Treasurer of said County, shall constitute a Board of Commissioners, to be styled “the Commissioners of the Funded Debt of the County of Santa Barbara,” and shall have and exercise the
powers, and perform the duties, hereinafter provided. Seven per
SEC. 2. The said Commissioners shall cause to be prepared, cent, bonda. bonds bearing seven per cent. per annum interest, from March
first, one thousand eight hundred and fifty-nine, of the denomination of one hundred and five hundred dollars each, payable at the Treasurer's office in said County, on or before the first day of March, one thousand eight hundred and seventy-nine. Every bond shall be signed by all of said Commissioners, and be authenticated with the seal of the County Court, and shall purport that the County of Santa Barbara owes the holder thereof the sum named in the bond, payable and bearing interest as afore
Sec. 3. aid bonds shall have twenty coupons annexed thereto, and there shall be expressed thereon, the amount of interest due each year, when and where payable, and sball be signed by all of said Commissioners; the interest shall be paid by the Treasurer of said County, at his office, annually, on the first day
of March, on presentation of the respective coupons therefor. Warrants.
Sec. 4. From and after the passage of this Act, all persons having any outstanding warrants drawn upon the General Fund