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Supervisors to issue bonds.

Bonds; when and how paid.

Coupons to be attached.

Bonds; what to bear.

Interest

Road Repair
Fund.

CHAP. DXXVIII.-An Act to provide a fund for the repairing of roads in San Luis Obispo County.

[Approved March 30, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of the County of San Luis Obispo are authorized and empowered to issue, as soon as practicable after the passage of this Act, bonds of said county to the amount of ten thousand dollars, or any less sum, in its discretion, bearing interest at the rate of eight per cent. per annum, and in sums not less than five hundred and not more than one thousand dollars each. Said bonds shall be signed by the Chairman of the Board of Supervisors, and countersigned by the Auditor and Treasurer of said county. Said bonds may be issued and sold, from time to time, as money may be required for the purpose for which they are to be issued, as hereinafter stated.

SEC. 2. The said bonds shall be due and payable, in the gold coin of the United States of America, at the office of the Treasurer of the county, twenty years after the date of their issuance; and said Board has the power to redeem said bonds in the manner and at the time hereinafter provided. The interest on said bonds shall be due and payable, in like gold coin, on the first day of January and July of each year, at the office of the County Treasurer of said county.

SEC. 3. Coupons for the interest must be attached to each bond, and shall be signed in the manner as the bonds are required to be signed. Said coupons shall be for the semiannual interest on the bond to which they are attached, such coupon bearing the number of its bond, and the date when it will be due, and the amount to be paid. When any interest shall be paid upon a bond, the coupon for the interest paid shall be detached and delivered to the Treasurer, who must cancel the same and deliver it to the Auditor, to be filed in his office, taking his receipt therefor.

SEC. 4. Said bonds shall bear the dates of their issuance, and the first coupon shall be for the interest from such date up to the first day of January next succeeding.

SEC. 5. For the purpose of paying the interest on the said bonds, the Board of Supervisors of said county must, at the time of levying the county taxes, each year, levy a special tax on all the taxable property of the county, which shall, in their judgment, be sufficient to pay the interest on all bonds then outstanding, as the same may fall due. Such tax shall be levied, assessed, and collected, as other county taxes, and shall be, by the Treasurer, set apart as a special fund, to be known as the "Interest Road Repair Fund;" and the Treasurer must pay the said coupons out of said fund as they may fall due. If such taxes shall not, at any time, produce a sufficient amount to pay all the interest due in any one year, the Treasurer must transfer from the Gene

ral Fund of the county such amount as may be necessary to make up the deficiency.

SEC. 6. In and for the year eighteen hundred and seventy- Supervisors nine, and annually thereafter, until the whole of said bonds to levy tax. are redeemed, the Board of Supervisors must levy and cause to be collected a tax sufficient to pay five per cent. of the whole issue of said bonds. All taxes collected under the provisions of this section shall be collected as other county. taxes, and paid into the county treasury, and must be by the Treasurer set apart as a special fund, to be known as the "Road Repair Fund."

SEC. 7. Whenever there shall be one thousand dollars or Bonds over in said "Road Repair Fund," the Treasurer must cause redeemed. notice to be published for once a week for four successive weeks, in some newspaper published in the county, that he is prepared to receive bonds to a certain specified amount; and on the day named in the notice the Treasurer must, in the presence of the Auditor, publicly open and examine all proposals for the surrender of bonds, and must proceed to redeem such bonds as may be offered at the lowest rates; provided, that no bid above par value shall be accepted, and the bonds must in all cases accompany the bid. If no bid is put in at par or less than par value, or if sufficent amount of bonds are not offered to absorb all the money in the said "Road Repair Fund," then the bonds become due and payable in the numerical order in which they were issued, and the Treasurer must give notice, in the manner above provided, that certain bonds, describing them, are due and payable, and the interest thereon ceases from and after the date of said notice.

to sell bonds.

SEC. 8. The Board of Supervisors may sell said bonds, Supervisors after having published a notice for thirty days in a newspaper published in the county, and in some daily newspaper published in the City and County of San Francisco, inviting proposals for the purchase of the same. Upon the day named in such notice, the Board must meet to open and consider said proposals, and they must deliver said bonds, with the coupons attached, to the person or persons bidding and paying the highest price therefor, in the gold coin or the gold notes of the United States, as such bidder may prefer. The Board has the power to reject any or all bids, and no bond must be sold for less than ninety-five cents on the dollar, par value; and the Board may sell said bonds, or any part thereof, at a rate not less than ninety-six cents on the dollar, par value, without giving any notice, and at private sale.

repairing

SEC. 9. The money derived from the sale of said bonds Proceeds of shall be used by and under the direction of the Board of sale for Supervisors of said county, exclusively in repairing, restor- roads. ing, and the betterment of the public roads and highways existing in said county at the date of the approval of this Act, and the same shall be apportioned and set apart to the several road districts of said county, as the same may be designated by the Board of Supervisors of said county, in proportion, as near as may be practically ascertained, to the

Treasurer's commission.

amount of property taxes collected from said districts, respectively, excluding always the corporate limits of the City of San Luis Obispo. No part of said money shall be used for any other purpose than as aforesaid.

SEC. 10. The Treasurer's commissions for holding and disbursing the moneys arising under this Act shall be one per cent., and the same shall be accounted for by him in the manner provided in the Salary Act for said county.

SEC. 11. This Act shall take effect immediately.

Supervisors authorized

CHAP. DXXIX.-An Act to authorize the Board of Supervisors of the City and County of San Francisco to make provision for any deficiency in the Street Department Fund, of the fiscal year eighteen hundred and seventy-seven-seventy-eight.

[Approved March 30, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of the City and to include County of San Francisco are hereby authorized and empow

certain

amounts.

Auditor to indorse date upon demand.

ered, in estimating the amount required for the Street Department Fund for the fiscal year eighteen hundred and seventy-eight-seventy-nine, to include in said estimate any. amount, not to exceed in the aggregate the sum of one hundred and sixty thousand dollars, that may remain due or unpaid for street work performed or contracted for on accepted streets, during the fiscal year eighteen hundred and seventy-seven-seventy-eight, and in the same manner and at the same time as other taxes in said city and county are levied, to make such levy upon the taxable property of said city and county, for the fiscal year eighteen hundred and seventy-eight-seventy-nine, as may be sufficient to pay off all unpaid and outstanding demands upon the Street Department Fund during the fiscal year eighteen hundred and seventy-seven-seventy-eight, and all estimated expenditures upon the Street Department Fund during the fiscal year eighteen hundred and seventy-eight-seventy-nine, not to exceed the aforesaid one hundred and sixty thousand dollars.

SEC. 2. The Auditor of the City and County of San Francisco is hereby authorized and empowered, upon receiving demands on the treasury allowed and ordered paid by the Board of Supervisors of said city and county for street work performed, to indorse upon the respective demands the date on which said demands can be audited; provided, that all the demands for street department purposes passed by the said Board of Supervisors, and ordered paid out of the amount to be raised for the fiscal year eighteen hundred and seventy-eight-seventy-nine, shall be, by said Auditor, duly

audited during the month of July, eighteen hundred and seventy-eight.

contract.

SEC. 3. Nothing in this Act shall be so construed as Supervisors authorizing the Board of Supervisors, or other officer of said not to city and county, to contract any liability or audit or pay any demands other than provided for by this Act, after the expiration of the fiscal year eighteen hundred and seventyseven-seventy-eight, in excess of the amounts prescribed by statute and provided for by levy.

SEC. 4. This Act shall take effect and be in force from and after its passage.

CHAP. DXXX.-An Act to confer further powers upon the Board
of Supervisors of the City and County of San Francisco.
[Approved March 30, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

authorized

SECTION 1. The Board of Supervisors of the City and Supervisors County of San Francisco are hereby authorized and empow- and em ered to exercise the powers following:

First-To expend and order paid out of the General Fund, not to exceed three thousand dollars per month, for objects of urgent necessity not otherwise provided for by statute, in lieu of the amount now allowed by law.

Second-To order paid out of the General Fund not to exceed twenty thousand dollars in any one fiscal year hereafter, for furniture for and repairs to public buildings, in lieu of the amount now allowed by law.

Third-To order paid out of the General Fund not to exceed fifteen thousand dollars in any one fiscal year hereafter, for advertising expenses of said city and county, in lieu of the amount now allowed by law.

SEC. 2. This Act shall take effect and be in force from and after its passage.

powered.

CHAP. DXXXI.-An Act to provide for the improvement of
Van Ness Avenue, in the City and County of San Francisco.

[Approved March 30, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

width of

SECTION 1. The Board of Supervisors of the City and Supervisors County of San Francisco shall have power to declare, by to declare ordinance, that the roadway of Van Ness Avenue, between road. Market and Pacific Streets, in said city and county, shall be fifty-five feet in width, and shall be laid out in the middle

Improvements to be made.

Sidewalks; width of.

Owners to

improve land; pen

alty for neglect.

of said street, twenty-seven and one-half feet on each side of the center line thereof, with a gutter on each side of said roadway, and a curb on the outer line thereof, corresponding with the official grade of said street, and that the sidewalks, on each side of said portion of Van Ness Avenue, shall be thirty-five feet in width, during the pleasure of said Board.

SEC. 2. The said Board of Supervisors shall have power, whenever a petition therefor shall be presented to it by the owners of a majority of the frontage of the lots fronting upon any block in said portion of Van Ness Avenue, to authorize said block to be improved, by planting trees, shrubbery, and grass upon the outer seventeen feet of each of the sidewalks upon said block, whenever the width of said sidewalks shall have been fixed as defined in section one of this Act. The said improvements shall be made in accordance with plans that may be adopted and prescribed by said Board of Supervisors, and whenever the said Board of Supervisors shall have adopted such plans, and shall have authorized the improvement of any block in said portion of Van Ness Avenue, the said Board shall have power to provide, by ordinance, for the protection and preservation of said improvements, and for compelling the same to be made and preserved, and for preventing the injury or destruction of the same, and for prohibiting those portions of said street that may be so improved from being traveled upon by vehicles, animals, or persons, and to prescribe a penalty to be imposed for any violation of said ordinance.

SEC. 3. Whenever any block in said portion of Van Ness Avenue shall have been improved under the provisions of this Act, the said Board of Supervisors shall not thereafter cause any sidewalk to be constructed upon the said space of seventeen feet so improved, but the sidewalks upon said block that shall be thereafter constructed shall be constructed with a width of eighteen feet, and shall have a curb and gutter at their outer edge, aside from the curbs and gutters at the outer edges of the roadway, and thereafter the space of seventeen feet upon said block, between the outer edge of the roadway and the outer edge of said sidewalk, improved as aforesaid, shall be and remain an open space, for the purposes of a park, during the pleasure of the said Board of Supervisors.

SEC. 4. Whenever the said Board of Supervisors shall have passed any order for the improvement of any block in said portion of Van Ness Avenue, as is provided by this Act, the owners of the property fronting on said block shall, within sixty days thereafter, cause the said improvements to be made in front of the lots and lands respectively owned by them. In case the owner of any lot fronting upon said street, within the block so ordered to be improved, shall neglect, for the space of sixty days after the passage of said order, to cause the said improvements to be made, the Superintendent of Public Streets, Highways, and Squares of said city and county shall thereafter, by a notice in writing, to be delivered to said owner personally, or if said owner shall not

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