to the parties entitled to the same, or the depositing of the money in Court, as herein before provided, they refuse to surrender the possession to said city, the Court shall, by order, direct the Sheriff to put said city into the full and exclusive possession of such property and works, and every part thereof. sold bonds. SEC. 10. If any of said bonds shall remain unsold after Cancellapaying such purchase price and the legal expenses provided tion of unfor in this Act, the same shall be immediately canceled; and if any money shall remain on hand, arising from the sale of such bonds, after paying such purchase price, and legal expenses, the same shall be paid into the Water-works Fund provided for herein. sioners SEC. 11. Whenever said city shall have acquired water- Commisworks under this Act, the Council shall appoint three com- appointed. petent persons, not members thereof, residents and taxpayers in said city, who shall be and constitute a Board of Water-works Commissioners of said city, who shall take the oath of office provided by law, and hold their offices for the term of three years; provided, that the first Board so appointed shall be appointed one for one year, one for two years, and one for three years; and thereafter said Council shall annually appoint one member of said Board for the term of three years. Any vacancy occurring in said Board shall be filled by the appointing power for the unexpired term, and for good and sufficient cause the Council may remove any of said Commissioners. Board. SEC. 12. The Board of Commissioners shall provide an Power of office for the transaction of the business connected with the management of the water-works, and may appoint a Secretary and such clerks, book-keepers, superintendents, engineers, mechanics, and laborers as shall be necessary for the faithful and economical management of all the business appertaining to said water-works, the collection of its revenues, and the keeping of said works in good order, condition, and repair. The Board shall prescribe the duties and fix the compensation of all such employés, and shall require of all employés having the receiving, retention, or disbursement of any of its revenues such security as shall be adequate to protect the interests of the city. SEC. 13. The Board shall have charge and supervision of same. the water-works, and of all the property, appurtenances, and business belonging thereto; and shall, subject to approval of the Council of the city, prescribe and enforce regulations, rules, and rates for the sale and delivery of water, and the collection of the revenues arising therefrom, and collect the cost from the owners of property for laying pipes through the city for supplying such water. The Council shall provide by ordinance for the punishment by fines of any violation of the ordinances, rules, and regulations established for the government, management, and protection of the waterworks, and of willful injury to the property pertaining thereto. The City Attorney shall be the legal adviser of the Board of Water-works Commissioners. SEC. 14. All the revenues and income from said water etc.; paid how. Revenues, works shall be paid weekly into the treasury of the city, and duplicate receipts taken therefor, one of which shall be filed in the office of the Secretary of the Board, and the other in the office of the proper auditing officer of the city. The money so paid into the treasury shall be kept in a separate fund, to be known as the "Water-works Fund," out of which shall be paid the salaries and wages of officers and employés of said water-works, and expenses of maintaining and operating said water-works; and also, during the first year, the interest falling due upon the water-works bonds provided for in this Act. No money shall be paid out of said fund for any purpose other than the redemption of interest coupons falling due on said bonds, or the salary of the President of said Board, in case a salary is allowed that officer, except upon warrant signed by the President and Secretary of the Board, countersigned by the proper auditing officer of the city. If a salary is allowed said President, the warrant for the payment of the same must be signed by the Mayor of the city, and countersigned by the proper auditing officer, before the same can be paid. Bond Fund. SEC. 15. On the thirty-first or last business day in December in each year after the creation of said "Water-works Fund," all money remaining in said fund in excess of the amount of the accrued demands against the same shall be transferred to a separate fund, to be known as the "Waterworks Bond Fund;" and thereafter the interest accruing upon the water-works bonds, issued under this Act, shall be paid out of said last named fund, and all the balance of the money therein shall be kept and preserved as a fund for the redemption of said bonds, and shall be used for no other purpose whatever; provided, that no bonds issued under the provisions of this Act shall be redeemed until after the expiRedemption ration of ten years from the date of their issuance. Whenof bonds. ever the money in said Water-works Bond Fund, not required for the payment of interest falling due, shall amount to twenty-five thousand dollars, said Board of Commissioners shall advertise for thirty days in one newspaper of general circulation, published in the City of Oakland, and one or more papers in the City and County of San Francisco, for proposals for the surrender of said "water-works bonds," equal to the amount of the fund on hand applicable to such purpose, and shall redeem the bonds offered at the lowest price; provided, that no bonds shall be redeemed at a price exceeding par and accrued interest. If no bonds are offered for redemption at a price not exceeding par and accrued interest, then the said Board of Commissioners shall advertise for sixty days in one paper published in the City of Oakland, and one or more papers published in the City and County of San Francisco, of its intention to pay off and redeem so many of said bonds at par and accrued interest as shall equal the fund on hand applicable to such purpose, commencing with the lowest numbered outstanding bond, and requiring such bonds to be surrendered at the treasury of said city; and such bonds so advertised shall, after the expiration of such advertisement, cease to bear interest; and when any of said bonds are redeemed or paid, they shall be delivered to the proper auditing officer of the city, and a proper entry of the day of their cancellation made in a book to be kept for that purpose. SEC. 16. In the month of January of each year said Board Board to of Water-works Commissioners shall make to the Council a make report. detailed report of the condition of the water-works, and of all the property and funds under their charge, showing the income of the preceding year, and the sources thereof; the disbursements, and for what purpose made; the balance remaining in hand, and the disposition thereof; and, with their tenth annual report, they shall also furnish an estimate of the amount of money which, in the judgment of the Board, it will be necessary to raise by taxation during the next ten years to increase the "Water-works Bond Fund" to an amount sufficient to redeem all the outstanding bonds issued under this Act. SEC. 17. At the time of levying the municipal taxes for Bond tax said city, next after receiving the estimate provided for in levied. the last preceding section, and annually thereafter until a fund shall have been raised and paid into said Water-works Bond Fund sufficient to pay off and redeem all the bonds. issued under this Act, the said Council shall, in addition to the other taxes then to be levied, levy upon all the taxable property a water-works bond tax, equal in the aggregate amount to one-tenth the amount of the estimate aforesaid, which shall be assessed, levied, and collected as other municipal taxes are assessed, levied, and collected; and when collected, shall be paid into the treasury to the credit of said Water-works Bond Fund, and form a part thereof. Out of said fund, the water-works bonds issued under this Act shall be finally paid and canceled, and when canceled shall be delivered to the proper auditing officer of the city, and a proper entry of the fact of cancellation be made. Whenever the money in said fund to be raised under the provisions of this section shall amount to twenty-five thousand dollars, the outstanding bonds shall be redeemed in the manner provided in section twenty of this Act. SEC. 18. If at any time there shall not be sufficient money in the proper fund for the payment of the interest then falling due upon the bonds issued under this Act, the same shall be paid, for the time being, out of the General Fund of said city, and the amount thereof may thereafter be refunded or returned from the fund properly charged therewith. SEC. 19. When all the bonds issued under this Act shall Transfer of have been redeemed and paid off, if there shall be any money money. remaining in said Water-works Bond Fund, the same shall be transferred to the Water-works Fund, and said Waterworks Bond Fund shall be closed. Thereafter there shall Sinking be annually set apart out of said Water-works Fund such Fund. sum as shall be recommended by the Board of Water-works Commissioners and ordered by the Council of said city, as a sinking fund for the improvement and extension of such water-works, and said Board of Water-works Commissioners shall then so regulate the rates to be charged for water as to reduce the income therefrom to an amount sufficient to Question to be submitted again to electors. Enlarge ment of made. cover the estimated expense of managing and operating said water-works and keeping the same in repair, and of providing for such sinking fund. SEC. 20. If at the election mentioned in section one of this Act two-thirds of the electors shall vote against the acquisition of the said property, works, and franchises of the Contra Costa Water Company by the said City of Oakland, the said Council may, at any time within five years after the passage of this Act, but not less than two years after said municipal election, by the mutual consent of said city and said corporation, again submit to the qualified electors of said city, at any election held therein, the question whether said city shall acquire the said property, works, and franchises by condemnation; and if at such last mentioned election two-thirds of said electors shall then vote in favor of such acquisition, the said Council shall proceed to effect the same, and pay therefor in the manner designated in the preceding sections of this Act, but such proposition shall not be submitted to said electors more than once under the provisions of this section, and during said five years said city shall not grant to any other person or company the right to introduce pure fresh water into said city for domestic use. SEC. 21. At any time when it shall become necessary to works; how enlarge said water-works, or increase the capacity thereof, and additional property is required therefor, said city shall have authority to purchase such property or to acquire the same by condemnation, in the mode and manner provided in Title Seven, Part Three, of the Code of Civil Procedure of this State, or such law as may then be in force for the condemnation of private property to public use, and the cost and expense thereof shall be paid out of said Waterworks Fund, or Water-works Sinking Fund. Compensation. District legalized. SEC. 22. The Water-works Commissioners may be allowed such compensation for their services as may be prescribed by the Council, and such compensation, when allowed, shall be paid out of the Water-works Fund. SEC. 23. All laws and parts of laws in conflict with the provisions of this Act, so far as they do conflict, are hereby repealed. SEC. 24. This Act shall take effect and be in force from and after its passage. CHAP. CCCXXIII.-An Act to legalize Swamp Land District Number Two Hundred and Twenty-one, and provide for the collection of taxes of the same. [Approved March 23, 1878.] The People of the State of California, represented in Senate and SECTION 1. Swamp Land District Number Two Hundred under and by virtue of the law in such cases made and provided, is hereby legalized, and is a lawful district to all intents and purposes, and all acts hereafter performed by the Trustees of said district shall be legal and valid as if said district had been legally and lawfully organized. SEC. 2. This Act shall take effect immediately, and shall apply to Swamp Land District Number Two Hundred Twenty-one, in San Joaquin County, and none other. CHAP. CCCXXIV.-An Act to prevent hogs from running at large in the Towns of Lakeport and Lower Lake, in Lake County. [Approved March 23, 1878.] The People of the State of California, represented in Senate and SECTION 1. It shall be unlawful for any person owning or Unlawful. having charge of hogs to allow them to run at large within the town limits of Lakeport or Lower Lake. SEC. 2. The Sheriff of the county, or any Constable of Big Power of Valley or Lower Lake Townships, finding or being notified Sheriff. that any hogs are running at large within said town limits, are hereby authorized and required to take charge of, safely keep, and sell them at public auction, after five days' previous notice of said sale, to be posted in three public places in said towns. SEC. 3. The officer, for his services in taking up and sell- Fees of ing any hogs under the provisions of this Act, shall be officer. entitled to receive as fees from the proceeds of such sales the sum of one dollar per head, and should there be any balance remaining in his hands after deducting his fees, he shall pay it into the School Fund of the Lakeport School District, if such animals are taken up and sold in the Township of Big Valley, and into the School Fund of Lower Lake School District, if taken up and sold in the Township of Lower Lake. how. SEC. 4. The owner of any hogs taken charge of by the Animals Sheriff or Constable shall be entitled to a return of the same returned; upon his payment therefor of the sum of two dollars per head to such officer, but not otherwise; one dollar of which shall belong to the officer, and one of which to the said School Fund as aforesaid. SEC. 5. The Sheriff of Lake County, or any Constable of Misdesaid townships, failing, neglecting, or refusing to carry out meanor. the provisions of this Act, when his attention shall be called to a violation of the same, or when he shall know of his own knowledge the same has been or is being violated, shall be guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine not less than five nor more than twentyfive dollars. This Act shall take effect and be in force after the first day of May, one thousand eight hundred and seventy-eight. |