Clerk, and Collector, and all persons to whom the receipt or expenditures of the funds of the City shall be intrusted, by requir ing from them sufficient security for the faithful performance of their duties or trusts, which security shall be given by them before entering on their respective duties. In case such security should become insufficient, additional security may be required, To give new and if not given within ten days, the Common Council, by a vote of insuffi of two-thirds of the members, may declare the office vacant, and ciency. order a new election to fill such vacancy. SEC. 8. Section fifth of article fourth of said Act is hereby amended so as to read as follows: bond in case Section five-It shall be the duty of the City Marshal to exe- Duties of cute, within the City, and return all process issued and directed Marshal. to him by the Justices of the Peace, or other legal authority within the City, and to arrest all persons guilty of a breach of the peace, or violation of any ordinance of the Common Council, and take them before the Justice of the Peace, or other legal authority within the City, and he shall perform all such other and further duties as may be required of him by the Common Council, appertaining to the Municipal Government and management of affairs of the City not specifically devolved upon some other officer or person by this charter. It shall be the duty of the City Collector to collect all taxes, assessments, licenses, wharfage, rents, fines, and all other moneys and dues belonging to, or which the City may be entitled to in any manner whatever, and pay over the same as required by the Common Council. He shall also regulate the landing and stationing of all steamers, vessels, and boats. The compensation of the City Collector shall be in the discretion of the Common Council, but shall not exceed the sum of fifteen hundred dollars ($1500) per annum. SEC. 9. Section seventh of article fourth of said Act is hereby amended so as to read as follows: shal. Section seven-The Marshal shall receive, for his services, a salary and salary not exceeding the sum of fifteen hundred dollars ($1500) fees of Marper annum, and such fees for executing legal process and making arrests for the City as are allowed Constables for similar services. The Common Council shall have no power to allow him any more salary, nor fees, nor any commissions, nor any other compensation whatever, for his services as Marshal. CHAP. XCII.-An Act supplementary to, and amendatory of, an Act entitled "An Act to authorize the Funding of the Unfunded Debt of the City of San José, and to provide for the Payment of the same," approved April twenty-first, eighteen hundred and fifty-eight. [Approved March 7, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section eight of "An Act to authorize the fund Compensat❜n sioners. ing of the unfunded debt of the City of San José, and to provide for the payment of the same," approved April twenty-first, eighteen hundred and fifty-eight, is hereby amended so as to read as follows: Section eight-The said Board of Commissioners shall be enof Commis titled to receive for their services under said Act, a commission not to exceed five per cent. on the amount of moneys received by them for the sale and disposal of the lands mentioned in section ten of said Act, which commission may be retained by said Commissioners out of any moneys arising from such sale, and no other compensation shall be allowed said Board of Commission Trustees to convey to Commiss❜rs. authorized to sell. ers. SEC. 2. Section ten of said Act is hereby amended so as to read as follows: Section ten-The Board of Trustees of the City of San José are hereby required to convey to the Commissioners of the Funded Debt, created by this Act, on their application therefor, all the property, and rights, titles, and interests in property, belonging to said City, together with lands, and rights in lands, or claims to lands, held or owned by the former Pueblo de la San José de Guadalupe, and all the Pueblo rights of said Pueblo. Said lands to be held by said Board of Commissioners in trust for the payment of the debts herein provided to be funded. Said Commiss'rs Board of Commissioners shall have power to sell or dispose of said lands in such manner as they deem the best interests of the City may require; and all moneys received from the disposal of said lands shall be applied to the payment of the debts herein provided to be funded, after paying the necessary expenses of Authorized said Board of Commissioners. Said Board shall have power, in their name as Commissioners of the Funded Debt of the City of San José, to sue for and bring all necessary suits, and take all necessary proceedings for the recovery of, or preservation of, or securing, the property by said Act provided to be conveyed to them. The property so conveyed shall be free from taxation as against said City of San José, or the Board of Commissioners; and said property shall also be exempt from execution as against In order to said City; Provided, that no sale or disposal of such lands by said Board of Commissioners, shall be held legal and valid, except the same receive the sanction and approval of the City Government of said City. to sue. Property free from taxation. sell. In case of vacancy. Registry. Report. SEC. 3. When a vacancy shall occur as provided in section twelve of said Act, a new bond shall be required of each of said Commissioners as provided in section one of said Act, which bond shall be justified to before some proper officer, and be deposited in the office of the Clerk of said City. SEC. 4. The Secretary of the Board of Fund Commissioners shall make out a certified copy of the registry of blank bonds received by him, the amount of each bond issued, its date, to whom issued, for what purpose, its number, when payable, when and to whom paid, and for what amount, which he shall cause to be filed by the Clerk of the City, in his office. Said Secretary shall also furnish to the City Government of said City, on or before the first day of January of each year, a full report of the entire proceedings of said Board for the entire year; and for his failure to comply with the requirements of this section, said Secretary shall be removed from office by the City authorities of said City. This Act shall take effect from and after its passage. CHAP. XCIII.-An Act to incorporate the City of Placerville. The People of the State of California, represented in Senate and SECTION 1. All that tract of land, in the County of El Dorado, lying within the boundaries and limits hereinafter mentionedthat is to say: Commencing at a large pine tree west of Frederick A. Bee's private dwelling, north sixty-five degrees east to another pine tree on the east bank of a ravine, distance two hundred and twenty-four rods; thence south thirty-four degrees east to a large pine stump, distance one hundred and twenty rods; thence south thirty-five degrees west to a tunnel on Coon Hollow and Hangtown Hill, distance two hundred and eight rods; thence north forty-four degrees west, distance two hundred and thirty-six rods, to the place of beginning, is hereby declared to be a City, and shall hereafter be known by the name of the City of Placerville. Boundaries defined. body. SEC. 2. For the government of said City, there shall be a Corporate Mayor and Council, consisting of six members. The said Mayor and Council shall be a body politic and corporate, by the name and style of the "Mayor and Common Council of the City of Placervile," and by that name, they and their successors shall be known in law, have perpetual succession, sue, and be sued, complain and defend in all Courts, and in all actions and proceed- Powers. ings; may purchase, hold, and receive property, both real and personal, within said City, and may receive and hold, for the use of the City, legacies and donations of both real and personal May purch'se property; may lease, sell, or otherwise dispose of, all City prop- and sell real erty, both real and personal, for the benefit of the City; and may provide for the management, regulation, and use of the same; Provided, they shall not purchase any real estate other than such as is within the City limits, and necessary for public buildings, for the laying out, widening, or improving the public streets, alleys, or grounds, for burial purposes. They may also have a common seal, and may alter the same at pleasure. estate, etc. Restriction. Seal. SEC. 3. The City of Placerville shall be divided into three wards. Wards. The Common Council shall have the power to fix the boundaries of the several Wards, and may alter such boundaries by a vote of two-thirds of all the members elect; Provided, such alteration be made at least thirty days previous to the annual election of City officers, and the particular boundaries published in some newspaper published in said City at least thirty days prior to such election. SEC. 4. The officers of the City of Placerville shall be one officers. Term of office Aldermen. Qualificat❜ns Electors. Time of election. General election law. Inspectors and Clerks. Certified statement. Time to make returns. Mayor, one Recorder, six Aldermen, one Treasurer, one Assessor, one Clerk, one Marshal, one Collector, one Attorney, and such other officers as are hereinafter authorized to be appointed. SEC. 5. The Mayor, Recorder, Assessor, Marshal, and Collector, shall be elected by the qualified voters of said City, and shall hold their offices for the term of one year, and until their successors are elected and qualified. SEC. 6. Two Aldermen shall be elected by the qualified voters of each Ward, and shall hold their offices for the term of one year, and until their successors are elected and qualified. SEC. 7. No person shall be eligible to the office of Mayor, Aldermen, Assessor, Collector, Marshal, or Recorder, who is not a qualified elector of the State of California, or who has not been a resident of said City for at least six months preceding the election. And no person shall be entitled to vote for any City officer in any Ward except the Ward in which he resides. SEC. 8. No person shall be allowed to vote at any City election who is not a qualified elector of the State of California, and has not been a resident of said City for at least three months next preceding the election. SEC. 9. The general election for Mayor, Aldermen, Recorder, Assessor, Marshal, and Collector, shall take place on the first Monday of June in each year. The Common Council of said City shall, for each election, appoint two Inspectors of Election in each Ward, and designate the place for opening the polls. SEC. 10. All the provisions of law in force regulating elections, so far as the same are applicable, and not inconsistent with the provisions of this Act, shall apply to the election of City officers by the voters of said City. SEC. 11. The Inspectors of each Ward shall appoint one Clerk, whose duty it shall be to take down in writing the name of each voter as his vote is deposited. After the polls shall have been closed, it shall be the duty of the Inspectors and Clerk of each Ward to proceed immediately and canvass the votes cast at each Ward, which canvass shall be in public. Within two days after such election, the Inspectors and Clerk of each Ward shall deliver to each of the two persons who shall have received the highest number of votes in each Ward for Alderman, a certificate of his election to said office. SEC. 12. At every annual election, the Inspectors and Clerk in each Ward shall, immediately after the votes are counted, make out a statement of the number of votes cast in each Ward, for the offices of Mayor, Recorder, Aldermen, Collector, Marshal, and Assessor, and the number of votes cast for each person to fill said offices respectively, which statement shall be certified by them to be correct. They shall also carefully seal up the votes and poll-list, and direct the same to the Common Council of said City. It shall be the duty of the Clerk of such Election Board, to deliver such sealed package and said certified statement to the Clerk of the Common Council within two days after any election shall have been held. On the Saturday next after any such election shall have been held, the Common Council shall proceed to ascertain from said certified statements what persons have received the highest number of votes in said City for the offices of Mayor, Recorder, Assessor, Marshal, and Collector, and a certifi- Certificates. cate of election shall be issued by the Clerk, under their direction, to the person who shall have received the highest number of votes for each of said offices respectively. The Clerk of the Common Council shall keep the sealed packages containing the ballots, and poll-list, for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. of office. SEC. 13. The Mayor and Aldermen chosen at any election, Commenceshall be qualified and enter upon the discharge of their duties on ment of term the Monday next after their election. The other officers elected shall be qualified and enter upon the discharge of their duties. within ten days after their election. If any person chosen for office at any election shall fail to qualify as above required, the office for which he shall have been chosen shall be deemed vacant. All City officers, before entering upon the discharge of their duties, shall take the usual oath of office. dent. SEC. 14. The Common Council, at their first meeting after Council to the annual election, or at any regular meeting thereafter, when elect Presi they shall deem the same expedient, shall elect a President from their own body, who shall preside at all their meetings when the Mayor is not present; and whenever there is a vacancy in President to the office of Mayor, or whenever the Mayor is absent from the in case of abCity, or unable from any cause to discharge the duties of his sence or va office, the President of the Council shall act as Mayor, and possess all the powers, and perform all the duties of the Mayor, during such vacancy, absence, or disability. act as Mayor cancy. be filled by SEC. 15. Whenever a vacancy shall occur in the office of Vacancy of Mayor, Recorder, Alderman, Assessor, Marshal, or Collector, the any officer to Common Council may, in their discretion, order a special elec- special election to fill such vacancy. The person elected to fill any vacancy, shall hold his office for the residue only of the term of his immediate predecessor. tion. Attorney, Board. SEC. 16. The Common Council shall, each year, within one Election of month after the annual election, elect by ballot the Treasurer, Treasurer, the Clerk, and the Attorney, who shall hold their respective etc, by the offices for the term of one year from the annual election, and until their successors are elected and qualified, unless they shall be previously removed, for misconduct in office, neglect of duty, or otherwise. officers. SEC. 17. The Common Council shall have power to create, by Additional ordinance, such subordinate offices as they shall deem necessary for the proper government of said City, and may elect officers to fill the same. They shall also have power to remove from Removal of office any officer elected by them, whenever he shall have been officer. declared, by a vote of two-thirds of the Common Council, guilty of any misconduct in office, or neglect of duty. When any Abolishm❜nt office has been created by ordinance, the Common Council shall of office. have power to abolish such office, or remove any incumbent therein, whenever, in their discretion, they shall deem such abolishment or removal expedient. In all elections the Council To vote by shall vote by ballot. ballot. SEC. 18. The Common Council shall meet on the first Mon- Times of day after the annual election, and on the first Monday of each meeting. |
