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1874 California Statute regarding IncoporationSTA TPTES OF CALIFORNIA Chapter CCCXVI An Act to amend an Act anti tIed "An Act to incorporate the Town of Alameda n , approved March seven, eighteen hundred and seventy-two. (APproved March 18, 1874. AN ACT To amend an Act entitled "An Act to Incorporate the Town of Alameda , n approved March 7th, 1872. The People of the state of California, represented in Senate and Assembly, do enact as follows: SECTION 1.Section Two of said Act is hereby amended to read as follows: Section 2.The Government of said Town shall be vested in a Board of five Trustees, andAssessor, who shall act also as Superintendent of Streets, and a Treasurer, who shall also act as Tax Collector of said Town.The Justices of the !1eace and Constables elected in and for said Township, from time to time, shall perform their respective duties in said Town, and shall respectively give effect to all ordinances that may be enacted by the said Board of Trustees in pursuance of the power given to said Board; and said Constables, or such other officers, not exceeding three, as said Board of Trustees may appoint , shall perform all police duty in said Town , and Shall receive such compensation as may be allowed by said Board , not exceeding fifty dollars per month for each officer.Special officers may be from time to time appointed by said Board, but the entire sum to be expended for police service shall not exceed one hundred and fifty dollars per month. Sec. 2.Section Five of said Act is hereby amended to read as follows: Se c . 5 .The Board of Trustees shall have power:First. To declare any streets now open, or such as may hereafter be opened by any owner of land wi thin said Town, to be public streets. Second.To establish the grade of said streets, to provide for (2 ) the improvement or repair of the same , and for the erection of sidewa lks in the manner hereinafter provided, and to provide for watering such streets as shall have been graded, macadamized or ir:.proved.Third.To provide for the prevention and summary re- moval of all nuisances and all occupations detrimental to the public health, comfort or safety; to supprBSS all occupations, houses , places and exhibitions which are &gainst good morals or contrary to public order and decency; to prevent the appearance of any person on any highway or public place in s8id Town in sta te of intoxication; to prevent the discharge of fire-artns , pis- tols or cannon on any wharves or streets of said Town , or on pri va te property therein, wi thou t the consent of the owner thereof, and to prevent any noise , disorder or tumult to the disturbance of the public peace; to punish the violation of all ordinances passed by said Board pursuant to the provisions of this section by a fine not exceeding two hundred dollars , or by imprisonment in the jail of the County of Alameda not exceeding three months. Fourth.To levy and collect annually a tax not to exceed sixty cents on each one hundred dollars of the assessment valuation of all property, both real and personal, wi thin said Town, which said tax shall be divided as follows:For the General Fund not exceeding twenty-five cents on each one hundred dollars; for the street Sprinkling Fund not exceeding ten cents on each one hundred dollars; for the School Fund not exceeding twenty-five cents on each one hundred dollars.:ach of said funds shall be kept separa te from any other.All fines collected in said Town shall be paid into the School Fund.Fifth.To impose and collect a poll tax not exceeding two dollars per annum on each male (3 ) inhabi tant between the ages of twenty-one and sixty, which shall be paid into the School Fund or said Town , and no other poll tax shall be collected within said Town of Alameda.Sixth. license, tax and regulate all lawful trades and occupations; but no license shall be collected in said Town except by its authority and for its use.Seventh.To establish a public pound , and appoint a Pound-keeper and prescribe his duties, and to provide for the proper care and disposition of all animals impounded; provided , tha t the Pound-keeper shall receive for hi s services and care of animals only such fees as by ordinance he may be al- loweQ to collect froDl the owners or proceeds of said animals. Eighth.To pass all ordinances necessary to carry into effect the powers herein granted; but it shall require the affirmative vote of four Trustees for the passage of any ordinaane, or for the passage of any order or resolution directing the payment of money, and in every case the ayes and nays shall be entered on the minutes of said Board.The style of such ordinances shall be:"The Trustees of the Town of Alameda do ordain as follows. To elect a Clerk of said Board , who shall erform such duties as may be by them required, and to pay hiln out of the General Fund for his services to said Board and as Clerk of the Board of Edu- cation , a cornpensation not to exceed fifty dollars per month. Se c. Section Six of said Act is hereby amended to read as follaws: Se c. If at any time the owners of one-half in frontage of any land in said Town fronting upon any street between two gi ven points on said street , shall peti tion the Board of Trustees (4') to order the street between said points to be graded , macadamized or otherwise improved, or for the construction of sidewalks thereon, it shall be the duty of said Board to order the said work to be done in the manner petitioned for , and the cost thereof , including expenses of survey and advertising, shall be assessed upon the property fronting upon both sides of the street , between the points to be so improved, half way to its intersection wi th the next parallel street.rhe said Board shall, by ordinance, designate the street on which the work to be done and the points of the commencement and termination of such work , the character therepf , and the material to be employed in its performance, and shall thereupon advertise, for a period not less than twenty days , for proposals for doing such work and furnishing such material.The contract shall be awarded to the lowest responsible idder, but the Board may in its discretion re ject all bids and advertise for further proposals until a satisfactory bid is obtained.good and sufficient bond shall in all cases be required from contractors for the faithful performance of the work.Whenever any street to be improved as above provided sha 11 cross any other street , the expense of im- proving such crossing shall be assessed pro rata on sll the property wi thin the area of the improvement.hen the whole cost of the work shall have been asce tained the said Board shall direct the Assessor to Qake a diagram of the property to be charged wi th the expense thereof , showing the number of front feet on the improved street and the number of front feet on such portions of the cross streets as are included therein , and when (5 ) said diagram shall have been approved by said Board the Clerk shall certify the fact and date thereon.The Assessor shall then assess the whole cost of the work pro rata on each front foot , and shall, wi thin twenty days , or wi thin such further time as the Board may grant , make and return to said Board , and a ttached to said diagram an Assessment Roll , showing, in different columns: 1st. The names of the owners of each lot of land ranged alphabetically where the same are known , and if not known the wora Unknown shall be wri tten in place of the name.2d.A brief description of the property to be chargod , ei ther by its official designation on the map of said Town or by mete and bounds.3d.rhe number of front feet in said lot to be charged.4th.The rate of assessment per foot.5th.rhe full amount for which said lot is assessed.The total amount of the assessment shall be added up at the foot of said last mentioned column.When the work so ordered shall have been completed and accepted by said Board, they shall direct their Clerk to deliver the Assessment Roll to the Treasurer, and said Treasurer shall thereupon give notice , by advertisemeht for a period of two weeks , requiring payment to be made to him within thirty days from the date of first publication of said notice , and when any payment is made he shall write the word "paid" and the date against such amou On the expira tion of the thirty days all asseSSffsnts then unpaid shall become celinquent , and the Treasurer shall add five per cent. thereto , and shall certify the facts at the foot of said roll.The said five per cent. when collected shall be paid into the General Fund of the Town.The said Treasurer shall then proceed to advertise and collect the various sums delinquent , including the cost of advertising, which shall not exceed one dollar for each lot or parcel of land, from the sale of the property, in the same manner as is or may be by law provided for the collection of state and County taxes in the County of Alameda. the same powers being hereby conferred (6 ) upon said Treasurer as is or may be given to Tax Collectors for said county; provided, that all sales required by this Act to be made for any purpose by said Treasurer shall be held in front of his office in said Town , and all advertisements shall be made in a newspaper published in said Town, if there be one so published , and if not then in such paper published in the Oi ty and County of San Francisco as said Board shall designate , and by posting notices in three public places in said Town.All property sold shall be sub ject to redemp- tion in the same manner as in sales for delinquent state and County taxes in said County, and the Treasurer may collect for each cer- tificate fifty cents , and for each deed one dollar; but when more than one lot assessed to the same delinquent is sold to the same purchaser, then only one certificate or deed shall be made therefor. All fees collected by said Treasurer shall be paid into the General Fund of said Town. Se c. 4 .The said Board of Trustees shall have further power to construct sidewalks on any street in said Town , ei ther on one side of said street or on both sides , as is hereinafter provided.Said Board shall, by resolution, declare its intention to construct a sidewalk on a street , giving its name, and shall designate the point of commencement and termination thereof , the manner in which said work is to be done , and the material to be used.Such resolution shall be advertised once a week for three weeks , and if at the next regular meeting of said Board after the time for advertising shall have expired , one half of the owners of the property intended to be charged wi th the cost of such sidewalk shall in writing protest a- gainst the same , then all proceedings connected therewith shall be discontinued , and no other or further proceedings , for the same pur- pose , shall be taken for one year , excepting on the peti tion of said property owners , as provided in Section Three of this Act; but if the (7 ) requiste protest is not made, then the Board shall order said work to be done , and all proceedings in connection therewith, and in assessing and collecting for the cost thereof, shall be had and taken as is provided in Section Three o this Act. Se c. Section Nine of said Act is hereby amended to read as follows: Sec. g.The Board of Trustees shall meet on the third Monday in August as a Board of Equalization , and shall continue their ses- sions from time to time , not exceeding twenty days, as they may deem necessary.They shall hear and determine all complaints respecting the valuation of property, and may change or modify t e same, as a majority of the whole Board may deem just and proper, but in no case shall the assessment of any property in said Town exceed the value assessed by the Township or County Assessor, nor shall it be more than its actual cash value. Se c. Section Twelve of said Act is hereby amended to read as follows: Sec. 12.The Trustees of said Town shall receive no compensation for their services.The Treasurer, for all services that may be required of him, including his duties as Tax Collec tor, and the Assessor, for all services that may be required of him, including the duties of Superintendent of Streets , shall each receive such compensation as may be fi ed by the Board of Trustees , provided that allowed to the Treasurer shall not exceed six hundred dollars per annum, and that to the Assessor shall not exceed five hundred dollars per annum. Sec. 7.Section Eighteen of said Act is hereby repealed. Sec. 8.No Trustee or officer of the Town of Alameda shall, by (8 ) himself, agent , or partner, be directly or indirectly interested in any contract made by or wi th the said Town, or in any purchase or expendi ture made by or for the said Town, nor shall any such Trustee or officer, by himself, agent or partner, act as the attorney, agent, or advisor of any contractor for street work or other work wi said Town, or receive from said contractor any fee, reward or gift; and any violation of the provisions of this section is hereby declared to be a misdemeanor, and on conviction thereof in a court of competent jurisdiction, the offender shall be punished by a fine not less than two hundred and fifty dollars nor more than one thousand dollars, and by imprisonment in the jail of the County not less than six months nor more than two years, and shall be also liable in a civil action to any person who may be pecuniarily aggrieved by the malfeasance aforesaid; and the Board of Trustees shall declare the office of such offender to be forefei ted, and shall fill the vacancy in the manner provided in Section Four of the Act to which this Act is amendatory, as in the case of death or resignation. Sec. 9.The Board of Trustees of said Town shall have au- thori ty to employ an Attorney, and fix his compensation, not to exceed three hundred dollars per annum. Sec. IO.This Act shall take effect immediately.