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1876 California Statute regarding IncoporationSTA TUTES OF CALIFORNIA Chapter CCLXXIII 3/20/1876 STA Tucrr1:S OF CALIFORnIA Chapter CCLXXIII March 20, 1876 N ACT Supplemental to and amenda tory of an Act enti tled "An Act to incorporate the Town of Alameda," and an Act amendatory of said Act , approved March seventh, eighteen hundred and seventy-two; approved '1arch eighteenth , eighteen hundred (and) seventh-four. The People of the State of California, represented in Senate and Assembly, do enact as follows: See tion Section one of said amendatory Act is hereby amended to read a s follows:Section 1.The government of said town shall be vested in a Board of five Trustees , an Assessor, who shall act as Superintendent of streets , and a Treasurer, who shall also act as Tax Collector of said town.The Justices of the Peace 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 enacted by the said Board of Trustees, in pursuance of the power given to said Board by this Act; and said Constables , or such other officers as said Board of Trustees may appoint , shall per- form all police duties in said town , and shall receive such com- pense tion as may be allowed by sa id Eoard.The amount to be paid each policeman shall be left to the discretion of said Board.Spe- cial police officers may be from tir1e to time anpointed by said Board, but the entire sum to be expended for police services shall not exceed eighteen hundred dollars per annum. Sec. 2 Section two of said amendatory Act is hereby amend- ed to read a s follows:Section 2.The Board of Trustees shall (2 ) have power:First--to declare any street 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 the improvement or repair of the same, and. for the erection of sidewalks in the manner hereinafter provided, and to provide for watering such streets as shall have been graded , macadamized, or improved; third--provide for the prevention and sumary removal of all nuisances, and all occupations detrimental to the public health, comfort or safety; to suppress or regulate all occupations , houses, places and exhi bi tions which are against good morals, or contrary to public order and decency; to prevent the appearanoe of any person, on any highway or public place in said town, in a state of intoxication; to prevent the discharge of fire-arms, pistols or cannon on any wharves or streets of said town, or on private property therein wi thout 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 ordinanoes passed by said Board, pursuant to the provisions of this Section, by fi e not exceeding two hundred dollars, or by imprisonment in the jail of the county of Alameda not exceeding three wonths; fourth--to levy and collect annually a tax not to exceed sixty cents on eac one hundred dollars of the assessment valuation of all property, both real and personal, wi thin said town , which 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 (3 ) Fund not exceeding twenty-five cents on each one hundred dollars. Each of said funds shall be kept separa te from any other.JIll fines collected in said town shall be paid into the School Fund, and said School Fund shall be used only in payment of teachers ' salories and the necessary expenses of the public school; fifth-- to impose and collect a poll--tax , not exceeding two dollars per annuCl on each male inhabi tent between the age of twenty-one and sixty, which shall be paid into the School Fund of said town, and no other poll-tax shall be collected in said town; sixth--to license, tax and regulate all lawful trades and occupa tions; but no license shall be collected from any resident of said town, except by its authori ty and for its use; seventh--to establish a public pound and appoint a pound keeper , and prescribe his duties , and provide for the proper care and disposition of all animals impounded, provided that the pound keeper shall receive for his services, and care of animals, bnly such fees as by ordinance he may be allowed to collect from the owners, or proceeds of sale of said animals; eighth--to Dass all ordinances necessary to carry into effect the powers herein granted, but it shall require the affirma- ti ve vote of three Town Trustees for the passage of any ordinance Dr for the passage of any order or resolution directing the Dayment of money, and in every case the anes and noes shall be entered on the minutes of said Board.The style of such ordinance shall be: tfThe Trustees of the town of Alameda do ordain as follows: n elect a Clerk of said Board, who shall perform such duties as Eay be py them required, and to pay him ou t of the General Fund for his services to said Board, and as Clerk of the Board of Education, 8 compensa tion not to exceed fifty dollars per month. ( 4) Sec. 3.Section eight o said Aot is hereby amended to read as follows:Seotion 8..It shall be the duty o the Assessor, wi thin the time fixed by law for the assessment of property in the County of Alameda, for state and County pur- poses, to make a true list of all taxable property within the limi ts of said town, whioh list, certified by him, shall, on the first Tuesday in August, be presented to the Board of Trustees for equalization; also, to collect tpe town pOll-tax, and personal property tax not sufficiently secured by real estate, at the same time, and in the same manner as is provided for the Qolleotion of said taxes in the County of Alameda. Seo.. 4.Section four of said Amendatory Aot is hereby amended so as to read as follows:Section 4.The said Board of Trustees shall have further power to construct sidewalks in any street in said town, either 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 designating the point of commence- ment and termination thereof, and by reference to a general ordi- nance previously adopted, shall designate the manner in which said work shall be done, and the ma terisls to be used.Suoh resolution shall be advertised onoe a week for three weeks ;snd, if at the next regular meeting of said Board, after the time of advertising shall have expired, the owners of one-half of the property intended to be charged with the cost of such sidewalk, shall, in writing, protest against the same, then all pro- ceedings connected therewith shall be disoontinued, and no-:;other Or further proceedrongs, for the same purpose, shall be taken (5 ) for one year , excepting on petition of said property owners as provided in Section 3 of said Amendatory Act; but if the requisi te 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 the costs thereof , shall be had and taken as is provided in Section 3 of said Amendatory Act.All notices required to be advertised under the provisions of this Act shall be drawn as concisely as possible, and the advertising thereof shall be given to the paper publi shed in said town tha will insert it at the lowest rate. Sec.. 5.Section six of said Amendatory Act is hereby amended to read as follows:Section 6.The Trustees of said town shall recoi ve no compensation for their services.The Treasurer for all services that may be . required of him , including his duties as Tax Collector, and the Assessor, for all services required of him , including the duties of Superintendent of Streets, shall each receive such cOilnensation as may be fixed by the Board of Trustees, provided that the salary allowed to each shall not exceed five hundred dollars per annum. Sec. 6..Section eight of said Amendatory Act is hereby amended so as to read as follows:Section 8.To Trustee, or School Director , or officer , shall, by himself , agent , or partner, be directly, or indirectly, interested in any contract made by or with the said town , or in any purchase or expenditure made by or for the said town , nor shall any such Trustee or School Director, or officer , by himself , agent 00r partner, act as the attorney, agent, or advisor , of any contractor for street or other work wi (6 ) said town, or receive from said con tractor 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 pun- ished by a fine not less than two hundred and fifty dollars, nor more than one thousand dollars , or by imprisonment in the jail of the county of Alameda not less than six months, nor more than tTIO years, and shall also be liable, in a civil action to any person who may be pecuniarily aggrieved by the malfeasance afore- said; and the Board of Trustees shall declare the office of such off8nder to be forfeited, and shall fill the vacancy in the manner provided in the Section of which this Section is amendatory. Sec. 7.The Board of School Directors shall have p8wer to appoint a School Superintendent , whose duty it shall be to exercise a general supervision over all the schools of said town, subject to the order of the Board of School Directors. Compensation of said Superintendent shall be fixed by the Board of Education, and paid out of the school funds , but shall not exceed forty dollars per month. Sec. 8.This Act shall take effect immediately. * * * *