Each sealed bid shall be accompanied with cash or a certified check, payable to the treasurer of such municipality, for the full amount of said bid, and no sealed bid shall be considered unless said cash or check is enclosed therewith, and the successful bidder shall deposit, at least, ten per cent of the amount of his bid with the clerk of such municipality before the franchise shall be struck off to him. And if he shall fail to make such deposit immediately, then and in that case, his bid shall not be received, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit, as above mentioned. Said procedure shall be had until said franchise is struck off, sold, and awarded to a bidder who shall make the necessary deposit of, at least, ten per cent of the amount of his bid therefor, as herein provided. Said successful bidder shall deposit with the Full clerk of such municipality, within twenty-four hours after the bid to be acceptance of his bid, the remaining ninety per cent of the deposited. amount thereof, and in case he or it shall fail to do so, then the said deposit theretofore made shall be forfeited, and the said award of said franchise shall be void, and the said franchise shall then and there, by said governing body, be again offered for sale to the highest bidder therefor, in the same manner, and under the same restriction as herein before provided, and in case said bidder shall fail to deposit with the clerk of such municipality, the remaining ninety per cent of his bid, within twenty-four hours after its acceptance, the award to him of said franchise shall be set aside, and the deposit theretofore made by him shall be forfeited, and no further proceedings for a sale of said franchise shall be had unless the same shall be readvertised and again offered for sale, in the manner herein before provided. SEC. 3. Section seven of said act is hereby amended so as to read as follows: amount of fulfillment Section 7. The successful bidder for any franchise or privi- Bond for lege struck off, sold, and awarded under this act shall file a of condibond running to said city and county, or city or town, with, at franchise. least, two good and sufficient sureties, to be approved by such governing body, in a penal sum by it to be prescribed, and set forth in the advertisement for bids, conditioned that such bidder shall well and truly observe, fulfill, and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with such governing body within five days after such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall, by said governing or legislative body, be granted by ordinance to the person, firm, or corporation to whom it has been struck off, sold, or awarded, and in case that said bond shall not be so filed, the award of such franchise shall be set aside, and any money paid therefor shall be for feited, and said franchise shall, in the discretion of said governing or legislative body, be readvertised, and again offered for sale in the same manner, and under the same restrictions, as herein before provided. SEC. 4. This act shall take effect immediately. Appropria serve the Marshall monu CHAPTER LXXXIII. An act directing the Sutter's fort trustees to make the necessary repairs and improvements to preserve the monument of James W. Marshall at Coloma, to pipe water on the grounds and to improve the grounds surrounding the same and making an appropriation therefor. [Approved March 6, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated out of any money tion to pre- in the state treasury not otherwise appropriated the sum of two thousand five hundred dollars, for the purpose of preserving the James W. Marshall monument at Coloma, California, piping water on the grounds where the same is located, and improving said grounds. ment. SEC. 2. The board of Sutter's fort trustees is hereby authorized and directed to make the necessary repairs and improvements for the preservation of said monument, and the controller of state is directed to draw his warrant for the amount herein, made payable in favor of said board of Sutter's fort trustees. SEC. 3. This act shall take effect and be in force from and after its passage. Appropriation for CHAPTER LXXXIV. An act making an appropriation to pay the expenses of legislative printing for the thirty-fifth session. [Approved March 6, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated out of any money legislative in the state treasury not otherwise appropriated, the sum of printing. thirty-five thousand dollars ($35,000.00), or so much thereof as may be necessary, for the support of the state printing office, the same to be used to pay the expenses of legislative printing for the thirty-fifth session. SEC. 2. This act shall take effect immediately. CHAPTER LXXXV. An act to amend section three hundred and ninety-seven of the Penal Code, relating to the sale of intoxicating liquors to habitual drunkards or Indians. [Approved March 9, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section three hundred and ninety-seven of the Penal Code is hereby amended so as to read as follows: liquor to 397. Every person who sells or furnishes or causes to be Sale of sold or furnished, intoxicating liquors to any habitual or drunkards common drunkard or to any Indian is guilty of and misdemeanor. a SEC. 2. This act shall take effect immediately. Indians. CHAPTER LXXXVI. An act to amend section eight hundred and sixty-two of an act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883. [Approved March 9, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section eight hundred and sixty-two of an act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March thirteenth, eighteen hundred and eighty-three, is hereby amended so as to read as follows: Section 862. The board of trustees of said city shall have Powers of power: city trustees. 1. To pass ordinances not in conflict with the constitution Ordiand laws of this state or of the United States. nances. estate. 2. To purchase, lease, or receive such real estate and personal Real property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city or town; provided, they shall not have power to sell or convey any portion of any water front. 3. To contract for supplying the city or town with water for Water. municipal purposes, or to acquire, construct, repair, and manage pumps, aqueducts, reservoirs, or other works necessary or proper for supplying water for the use of such city or the inhabitants, or for irrigating purposes therein. 4. To establish, build, and repair bridges; to establish, lay Highways. out, alter, keep open, improve, and repair streets, sidewalks, alleys, squares, and other public highways and places within Sewers. Fire apparatus. Poll tax. Dog tax. Property tax. Licenses. Improvement of water front, etc. Buildings. Public utilities. Fines and the city or town, and to drain, sprinkle, oil, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel, and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or on any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to manage and control all such highways and places; and in the exercise of the powers herein granted to expend, in their discretion, the ordinary annual income and revenue of the municipality in payment of the costs and expenses of the whole or any part of such work or improvement. 5. To construct, establish, and maintain drains and sewers. 6. To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. 7. To impose on and collect from every male inhabitant, between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars; and no other road poll tax shall be collected within the limits of the city. 8. To impose and collect an annual license not exceeding two dollars on every male dog, and four dollars on every female dog owned or harbored within the limits of the city. 9. To levy and collect annually a property tax, which shall not exceed seventy-five cents on each one hundred dollars. 10. To license, for the purpose of revenue and regulation, all and every kind of business authorized by law and transacted and carried on in such city or town, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise. 11. To improve the rivers and streams flowing through such city or adjoining the same; to widen, straighten, and deepen the channels thereof, and remove obstructions therefrom; to improve the water front of the city; to construct and maintain embankments and other works, to protect such city from overflow; and to acquire, own, construct, maintain, and operate on any lands bordering on any navigable bay, lake, inlet, river, creek, slough, or arm of the sea within the corporate limits of such city or contiguous thereto, wharves, chutes, piers, breakwaters, bath-houses, and life-saving stations. 12. To erect and maintain buildings for municipal purposes. 13. To acquire, own, construct, maintain, and operate street. railways, telephone and telegraph lines, gas and other works for light and heat; public libraries, museums, gymnasiums, parks, and baths, and to permit under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam or other power thereon, and the laying of gas and water pipes in the public streets, and to permit the construction and maintenance of telegraph and telephone lines therein. 14. To impose fines, penalties, and forfeitures for any and penalties. all violations of ordinances; and for any breach or violation of any ordinance; to fix the penalty by fine or imprisonment, or both; but no such fine shall exceed three hundred dollars, nor the term of imprisonment exceed three months. 15. To cause all persons imprisoned for violation of any Labor of prisoners. ordinance to labor on the streets, or other public property, or works within the city. 16. To establish and maintain fire limits, and to regulate Fire limits. building and construction within the municipality. 17. To do and perform any and all other acts and things other acts. necessary or proper to carry out the provisions of this act. SEC. 2. This act shall take effect and be in force from and after its passage. CHAPTER LXXXVII. An act to amend section 1636 of the Political Code, relating to the report of census marshal. [Approved March 9, 1903.] The people of the State of California, represented in senate and assembly, do enact as follows: SECTION 1. Section sixteen hundred and thirty-six of the Political Code is hereby amended to read as follows: census 1636. His report must be made under oath, upon blanks Report of furnished by the superintendent of public instruction, and marshal. must show: First-The number, age, sex, color, name and nationality of the children listed, and the number of those who from deafness are unable to hear common conversation. Second-The names of the parents or guardians of said children, arranged alphabetically, except in cities of the first class. In all cities the number and street of residence must be given. Third-The number of school children in each house, or family, that have not been vaccinated. Fourth-Such other facts as the superintendent of public instruction may designate. Fifth-The census marshal shall have power to administer oaths to parents and guardians. Sixth-If at any time the superintendent of schools has reason to believe that a correct census of the district has not been taken, he must have it corrected, and if necessary for the purpose he may appoint a census marshal, and have the census of the district retaken. Should the board of education or the board of school trustees of said city or district fail or refuse to issue an order for the compensation of said marshal for his services, the superintendent of schools is hereby authorized to issue his requisition therefor against the county fund of such city or district without such order. SEC. 2. This act shall take effect immediately. |