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mencement and termination of such proposed street, or the commencement and termination of the street, or portion thereof that is to be widened, and fixing the area of the property that will be taxed for such improvement, which shall be all the property lying and being on either side of the proposed street, and running half way to the next parallel street, or, in case there be no parallel street, then to the boundary of the town; provided, the width of such property upon the side of the proposed street to which there is no parallel street, shall not exceed six hundred feet; and in the case of widening a street, the area to be taxed therefor shall be all the property lying and being on either side of such street half way to the next parallel street, and if there be no parallel street, then, as is above provided in the case of opening streets, and shall publish a notice thereof fixing a time for hearing objections thereto, which shall be not less than thirty days from the first publication of such notice. If on the day set for the hearing one-half, in value, of the owners of the lands, and the improvements thereon, to be charged for the opening or widening of the street, shall protest against the proposed improvement, all proceeding in relation thereto shall be discontinued, and no other proceedings for substantially the same improvement shall be inaugurated by said Board for a period of one year. If the requisite protest is not made, then the Board shall, by ordinance, direct the street to be opened or widened, as the case may be, but the widening and opening of streets shall not be included in the Condemna same proceeding. The Board shall thereupon direct the

tion of

lands.

Town Attorney to commence an action in the Third District Court, in and for the County of Alameda, for the condemnation of the lands necessary for the opening or widening of the street, in which action the people of the Town of Alameda shall be the plaintiff, and the owners of the lands. sought to be condemned, and the owners of the lands to be assessed for the improvement, shall be defendants, and all pleadings and proceedings in such action shall be had and taken as is provided in Title Seven, of Part Three, of the Finding of Code of Civil Procedure. In the trial of such actions, the jury shall find:

jury.

Value of

land to be paid.

First-The value of the land sought to be condemned, and of each separate estate and interest therein.

Second-If the tract of land sought to be condemned forms. a portion of a larger tract, the damages accruing to that part not taken by reason of its severance from that part which is taken.

Third-The benefits that will accrue to that portion which is not taken by reason of the proposed improvement.

Fourth-The benefits that will accrue to each separate parcel of land included within the area to be charged for the improvement.

The value of all lands taken for the improvements authorized by this section, as found by the jury, shall in all cases be paid, together with the costs of Court. The benefits found by the jury to accrue to the lands not taken, by reason of their severance from the portion condemned, shall be

Procedure

cable.

judgment.

deducted from the amount of damages, and the balance, if any, paid to the owner or owners of such lands. Upon the Decree of finding of the jury, the Court shall (unless for any cause it Court. may direct a new trial) render a decree awarding to each owner or claimant the sum that may have been found by the jury to be due to him as the value of the land taken, and the amount of damages found by the jury to have been sustained by him, over and above benefits, and shall award to the people of the Town of Alameda a judgment against each of the several parcels of land included within the area to be charged for the improvement, and which shall have been included in the complaint in the action as shall have been found by the jury to be the benefit derived, against each parcel respectively; but in no case shall any personal judgment be rendered against the owner or owners of such lands. Such judgments, when docketed in the office of the County Clerk of the County of Alameda, shall be a lien upon the Provisions of lands against which it is rendered. The provisions of the Code of C Code of Civil Procedure in this State in relation to new made applitrials and appeals shall apply to all proceedings taken for the condemnation of lands under this Act. But the Court shall in actions for condemnation pass upon the necessity of opening, widening, or changing the street or way proposed to be opened, widened, or changed. If within thirty days Sale of land after final judgment against such property, the amount to satisfy thereof shall not be paid to the Treasurer of the Town of Alameda, who shall have authority to satisfy the judgment, then the execution may issue to the Sheriff of the County of Alameda, commanding him to sell the piece or parcel of land against which the judgment has been rendered, or so much thereof as may be necessary, with the costs of levy and sale, and the advertisement thereof in a newspaper printed and published in the Town of Alameda, and so much of the proceeds as shall be necessary to satisfy the judgment shall be paid to the Treasurer of the Town of Alameda, and the surplus, if any, after deducting his costs, the Sheriff shall pay to the former owner of the property, or to the Clerk of the Third District Court, for the use of such owner. All moneys so received by the Town Treasurer shall be kept by him to the credit of the Improvement Fund of the street for the opening or widening of which the money shall have been received, and when the amount of all judgments that shall have been rendered against the property benefited in any one proceeding shall have been collected, if such amount is sufficient to pay the owners of the land condemned, the amounts awarded to them by the judgment as the value of the lands taken and the damages thereto, over and above the benefits, the Board of Trustees shall order the Treasurer to pay the same, or, if they cannot be found, to pay the same to the Clerk of the Third District Court for their use. But if the fund received from benefits is not sufficient to pay the value of the land taken and damages, then the deficiency shall be collected by a tax upon all the taxable property of the town at the next annual tax levy. Upon

Decree of condemnation to be

filed.

Conflict of

title.

Annual tax.

Assessor to

taxable

property.

proof to the Court that the money has been paid to the owners of the land, or, if not found, has been deposited with the Clerk as above provided, the Court shall order a copy of its decree of condemnation to be filed in the office of the Recorder of the county, and thereupon the use of the property shall vest in the people of the Town of Alameda, for the purposes therein specified. In case of conflict of title to any parcel of land, the money to be paid therefor shall be placed and remain in Court, to be awarded to the true owner by due process of law.

SEC. 10. The annual tax authorized by this Act to be levied by the Board of Trustees shall be levied, assessed, and collected at the same time and in the same manner as is or may be by law provided for the levying and collecting State and county taxes within the County of Alameda, the Treasurer being hereby vested with the same powers to make collections for taxes as is or shall be conferred upon Tax Collectors for the collection of State and county taxes within said county.

SEC. 11. It shall be the duty of the Assessor, within the make list of time fixed by law for the assessment of property in the County of Alameda for State and county purposes, to make a true list of all taxable property within the limits of said town, which list, certified by him, shall, on the third Tuesday of July, be presented by him to the Board of Trustees for equalization; also to collect personal property taxes, not sufficiently secured by real estate, at the same time and in the same manner as is provided for the collection of said taxes in the County of Alameda. No property in said town shall be assessed at any higher rate for the purposes of the town taxation than the same shall, in the same year, be assessed for the purposes of State and county taxation.

Board of Equalization.

Oath of office.

Official bonds.

SEC. 12. The Board of Trustees shall meet on the second Tuesday in August as a Board of Equalization, and shall continue their sessions, 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 and modify the same as a majority of the whole Board elected may determine to be just and proper; but in no case shall the assessment of any property in said town exceed the assessment of the same property for the purposes of State and county taxation.

SEC. 13. All officers elected under this Act, before entering upon their duties, shall take the oath of office required by law, which shall be administered by a Justice of the Peace of the Township of Alameda, and the Assessor and Auditor, the Treasurer, and the Surveyor, shall each give a bond for the faithful performance of such duties as may be prescribed by law, in such penalty as the Board of Trustees may require; provided, that the bond of the Assessor and Auditor shall not be less than five thousand dollars, that of the Treasurer not less than twenty thousand dollars, and that of the Surveyor not less than one thousand dollars, and the sureties on such bonds shall justify in double the amount for which each may become responsible. The bond shall be

approved by the Board of Trustees, and if at any time any bond so given or approved becomes insufficient, the Board of Trustees may require a further bond to be filed within ten days, and in case of failure so to do may remove or suspend such officer, and any such vacancy shall be filled by said Board.

Town

to pay cer

SEC. 14. The Town Treasurer shall collect all taxes, dues, Duty of licenses, and moneys belonging to the town, and all moneys Treasurer. levied for street improvements, and shall receive and safely keep all the moneys that shall come into the town treasury, and pay out the same on the order of the Board of Trustees passed in pursuance with this statute, and upon drafts made in conformity with such order, signed by the President and Clerk of said Board and countersigned by the Auditor; but no drafts shall be so drawn unless the money shall be in the treasury applicable to the purpose for which such draft is drawn. All such drafts shall be drawn to the order of the Treasurer payees thereof and shall be receipted by such payees, and may refuse the Treasurer may refuse to pay any drafts drawn upon him tain drafts. or against any fund in his possession that is not authorized by this Act, or the ordinances or resolutions of the Board of Trustees passed pursuant hereto. The said Treasurer shall, on or before the fifth day of each month, file with the Clerk of said Board of Trustees a written statement of his receipts and payments for the preceding month, verified by his oath. SEC. 15. The Town Auditor shall countersign the drafts Duty of drawn by the President and the Clerk of the Board of Trustees, and those drawn by the President of the Board of Education and Superintendent of Schools, authorized by this Act, provided there is money in the treasury to pay the same; and he shall be liable upon his official bond for any drafts countersigned by him which are not authorized by law, such amount to be recovered by suit, to be brought in the name of the people of the Town of Alameda, in any Court of competent jurisdiction. He shall, on or before the tenth day of each month, examine the account of the Treasurer rendered to the Board of Trustees, and certify the correctness or incorrectness thereof to the said Board, and if he find the same incorrect shall state in detail why he so finds.

Town

Auditor.

SEC. 16. The Surveyor shall have the charge of all public Power of streets of the town and the superintendence of all street Surveyor. improvements; he shall make such surveys as may be required by the Board of Trustees, and have power to order the removal of all obstructions and nuisances in said streets, in conformity with the town ordinances.

SEC. 17. The Town Attorney shall perform such duties Duty of within the scope of his profession as may be required of him Town by the Board of Trustees.

Attorney.

Board.

SEC. 18. The Chief of Police, together with the Auditor Police and President of the Board of Trustees, shall constitute a Police Board, by whom appointments of police officers shall be made; provided, such persons shall be nominated to said Board by the Chief of Police. The Chief of Police shall Power of have power to suspend any police officer for violation or Police.

Chief of

how filled.

neglect of duty, or for disobedience to his lawful orders, and shall report such suspension to the Police Board and the cause thereof. If the charges so made are sustained to the satisfaction of the said Board, the officer may be still further suspended, or may be dismissed from the force. In case of suspension or dismissal by the Board, the pay of such officer shall cease from the date of his suspension by the Chief of Vacancies, Police. All vacancies shall be filled in the same manner as original appointments. The officers, when appointed, shall be under the orders and control of the Chief of Police, who shall assign their duties, subject to the lawful ordinances of the town. Any police officer knowingly or willfully failing to arrest any person found upon the streets of the town in a state of intoxication, shall be dismissed from the force. In case of failure or neglect to perform his duties, the Chief of Police may be removed from office by the County Judge, upon proper cause being shown to his satisfaction for such removal, and any vacancy so caused shall be filled by the Police shall Board of Trustees as herein before provided. The Chief of not be inter Police shall not be engaged in any other business during his

Failure to arrest.

ested in

other business.

Salaries of officers.

Contraction

of debts.

term of office, and neither the said Chief or any police officer shall be interested in any store, shop, saloon, or any other place within said town at which beer or spirituous liquors are sold. The Chief of Police shall perform ordinary police duty in the same manner and to the same extent as may be required of other officers of the force.

SEC. 19. The Trustees of said town shall receive no compensation for their services. The Treasurer, for all services that may be required of him, including the duties of Tax Collector, shall receive six hundred dollars per annum. The Assessor, for all services that may be required of him, including the duties of Auditor, shall receive five hundred dollars per annum. The Surveyor and Civil Engineer, for all services that may be required of him, including the duties of Superintendent of Streets, shall receive five hundred dollars per annum. The Town Attorney, for his services as such to said town, shall receive five hundred dollars per annum, excepting as is provided in subdivision eight of section five of this Act. The Chief of Police, for his services as such, and for the performance of ordinary police duty, shall receive nine hundred dollars per annum. The Superintendent of Schools, for all services required of him, shall receive nine hundred dollars per annum, to be paid out of the School Fund. The salaries of police officers may be fixed by the Board of Trustees; provided, the monthly salary of each shall not exceed sixty dollars, and the whole sum to be expended for police service, including the salary of the Chief of Police, shall not exceed three thousand dollars per

annum.

SEC. 20. Neither the Board of Trustees or any officer of the Town of Alameda shall have power to contract any debt against said town, except the money shall be in the treasury to pay the same, and no person or property therein shall ever be liable, or be assessed, to taxation in any form to

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