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CHAP. DCLV.-An Act to amend an Act entitled an Act to re-incorporate the City of Napa, approved February twentyfourth, one thousand eight hundred and seventy-four, as amended by an Act approved March twenty-ninth, one thousand eight hundred and seventy-six.

[Approved April 1, 1878.]

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

powers and

SECTION 1. Section three of said Act is hereby amended Corporate so as to read as follows: Section three. The corporate pow- officers. ers of the City of Napa shall be vested in a Board of five Trustees. The officers of said city shall be a Board of five Trustees, a City Treasurer, a City Assessor, a City Clerk, a City Collector, a City Marshal, a City Attorney, a City Surveyor, and a City Superintendent of Streets. The Marshal shall be ex officio Assessor; the Treasurer shall be ex officio Collector and Clerk; the City Surveyor shall be ex officio City Superintendent of Streets. An election shall be held Election. annually by the qualified electors of the city, on the first Monday in May, for the election of two or three Trustees, a Marshal and ex officio Assessor, and a Treasurer and ex officio Collector and Clerk. Two Trustees shall be elected at the election to be held in May, A. D. eighteen hundred and seventy-eight, and two each alternate year thereafter, and three Trustees shall be elected at the election to be held in May, A. D. eighteen hundred and seventy-nine, and three each alternate year thereafter. The three Trustees who were elected in May, A. D. eighteen hundred and seventyseven, shall hold office during the term of two years from the date of their election, and until their successors are elected and qualified, and said Marshal and ex officio Assessor, and Treasurer and ex officio Collector and Clerk, shall hold their offices for the term of one year, and until their successors are chosen and qualified. Any person shall be qualified Qualified to vote for any city officer, or hold any city office, who shall persons. be a qualified elector under the Constitution and laws of this State, and who shall have resided in the city thirty days. next before the election. All elections shall be conducted Elections, by three Judges, to be appointed by the Board of Trustees, ducted and they may appoint two Clerks of Election. Should the Judges, or any of them, fail to attend, the electors present may appoint others in their stead, Notice of all elections shall be given by the publication in some newspaper published in the city at least seven days before such election. All elections shall be conducted in the same form and manner and according to the laws regulating elections, and returns shall be made by the Judges to the Board of Trustees, with a list of the persons voting at such election, and the ballots cast, and the Board shall, at their first regular meeting after such return, canvass the same, declare the result, and issue certificates of election to the person or persons having the highest number of votes at such canvass.


Recount of The Board shall, at the request of any elector, recount the ballots, and declare the result in accordance with such recount; provided, that at such election no copy of the Great Register shall be necessary, but the Judges of Election may require any voter to produce a certificate of registration from the County Clerk; and provided, that the election of Trustees may be contested in the County Court, in the manner prescribed by Title Two, Part Three, of the Code of Civil Procedure, the word "city" being substituted for "county" whenever the same is used in said Title. In case of a vacancy how filled. arising from any cause in any of the offices made elective by this Act, the Board of Trustees shall order and give notice of an election to fill such vacancy, unless the unexpired term of said office shall be less than six months, in which case the Board of Trustees shall, if necessary, fill said office by appointment.


Compensation of offcers.

Oath and

bonds of officers.

SEC. 2. Section five of said Act is hereby amended so as to read as follows: Section five. The compensation of the officers shall be as follows: The Trustees each, one dollar per annum. The Assessor, Treasurer, Marshal, City Clerk, Collector, City Attorney, City Surveyor, and City Superintendent of Streets, such sum per annum as the Trustees may determine; provided, that the annual compensation so allowed the said officers shall not exceed the following sums, to wit: The Treasurer, as Treasurer and ex officio Collector and Clerk, the sum of five hundred dollars; the Marshal, as Marshal and ex officio Assessor and Collector of poll and dog taxes, the sum of five hundred dollars; the City Attorney, the sum of five hundred dollars; the City Surveyor, as Surveyor and ex officio Superintendent of Streets, the sum of five hundred dollars. The Marshal and City Attorney shall, in addition to the sum allowed by the Trustees, receive such fees and commissions as may be provided for them in this Act. The City Surveyor and ex officio City Superintendent of Streets shall, in addition to the sum allowed by the Trustees, receive such fees and commissions as may be provided for him by ordinance.

SEC. 3. Section eight of said Act is hereby amended so as to read as follows: Section eight. All officers of the corporation, before entering upon the duties of their office, shall take the oath prescribed in the Constitution, and the Marshal, Assessor, Treasurer, Collector, City Surveyor, and City Superintendent of Streets, shall give bonds for the faithful performance of their duties, payable to the corporation, by its corporate name, to be approved by the Board of Trustees, in such penal sum as shall have been prescribed by ordinance; provided, that the Treasurer shall give one bond only, which shall be deemed to cover all his duties as both Treasurer and Collector, and that the City Surveyor may give one bond only, which shall be deemed to cover all his duties as both Surveyor and Superintendent of Streets. If, from any cause, such bonds shall, at any time, become insufficient, in the opinion of the Board, they may require of any officer such new or additional bonds as they may deem necessary. SEC. 4. Section eleven of said Act is hereby amended so

duty of Trustees.

as to read as follows: Section eleven. The Board of Trust- Power and ees are hereby authorized and empowered to enact such bylaws, resolutions, and ordinances, not inconsistent with the Constitution and laws of the United States and of this State, as they may deem necessary or proper in the exercise of the powers herein conferred upon them. The Board of Trustees shall have power:

First-To manage and take care of the property and finances of the city.

Second-To provide for laying out, opening, widening, extending, altering, vacating, working, grading, improving, repairing, and sewerage of streets, avenues, and alleys, and public parks and squares, and for preventing and removing nuisances or obstructions therein, and for acquiring or condemning lands for city purposes and highways, by purchase or by proceedings prescribed by Title Seven, Part Three, of the Code of Civil Procedure; provided, that the Trustees shall not vacate any street, avenue, or alley, or portion thereof, without the consent of the owners of at least twothirds of the frontage on said street, avenue, or alley.

Third-To establish the grade of all streets, avenues, and alleys, and to require and enforce conformity thereto.

Fourth-To provide for the drainage and sewerage of the


Fifth-To establish and regulate a fire department, and provide such means, measures, or materials, for the prevention or extinguishment of fires, as they may deem necessary to protect the city from fire.

Sixth-To provide the streets and city buildings with gas and water necessary for their proper use, and to grant to any gas or water company authority to lay down pipes in the streets, avenues, and alleys of the city for the supply of gas and water for the streets and buildings for a term not exceeding twenty-five years; but they shall reserve the right to grant similar privileges to other companies, and shall require the laying down of pipes to be under the reasonable direction of the city authorities, and to be so laid as to do no injury to the proper use of paving, planking, or macadamizing of streets, avenues, or alleys, nor to property situate thereon; and they shall impose such restrictions and conditions upon the location and construction of gas and waterworks, and pipes, as shall secure the least possible public or private inconvenience; and they shall provide for the enforcement of such restrictions and conditions; they may contract with gas and water companies for supplying the streets, public buildings, and cisterns with necessary gas and water for the public use, but no contract shall extend beyond the term of office of the members of the Board making such contract.

Seventh-To license, and impose and collect a license tax upon theaters, concerts, circuses, shows, and other entertainments and exhibitions to which an admission fee is charged; also upon bars at which spirituous or malt liquors are sold; also upon billiard tables and bowling alleys kept for gain or

Power and hire; and they may impose a license tax upon any and all business not prohibited by law.

duty of


Eighth-To prohibit and suppress gaming and gambling houses, dance-houses, fandangoes, disorderly houses, and houses of ill-fame, immoral or indecent amusements, exhibitions, or shows, nuisances of every description, and all kinds of vice, and immoral and indecent conduct; and to provide, by ordinance, that all drinking saloons, bars, barrooms, or places where vinous, malt, or spirituous liquors are sold, dispensed, or given away to be drank on the premises, shall be closed in the night time, at and during such hours as they may fix.

Ninth-To levy and collect, annually, a tax on all property in the city, not exceeding thirty-five cents on each one hundred dollars of the assessed valuation thereof, and to prescribe the manner of making assessments and collecting such tax. Taxes so levied shall become a lien upon the real estate chargeable therewith, from the first Monday in March preceding the levy, and until paid; and such lien shall take precedence of all mortgages and other liens, except the lien for State and county taxes.

Tenth-To levy and impose assessments upon property fronting on streets, avenues, and alleys, for the purpose of paying the costs, charges, and expense of grading, improving, working, repairing, draining, and laying sewers in said streets, avenues, and alleys, or constructing sidewalks therein, and to provide for the enforcement and collection of assessments by sale of such property, if necessary; provided, that real property, sold for delinquent taxes or assessments, shall be sold to the person who will take the least portion of the property and pay the tax or assessment due thereon, and all costs and charges, and all such sales shall be subject to redemption as in other sales under execution.

Eleventh-To impose and collect a poll tax, not exceeding two dollars per annum, on every male inhabitant of the age of twenty-one years and under sixty years, and to enforce the payment thereof by the sale of the property or otherwise, which said poll tax shall be collected by the City Marshal.

Twelfth-To impose and collect a tax of not exceeding five dollars per annum on every dog found at large within the corporate limits of the city, which said dog tax shall be collected by the City Marshal.

Thirteenth-To regulate or prevent the keeping of gunpowder, hay, and other dangerous or inflammable substances within the city.

Fourteenth-To require any land or building to be cleaned at the expense of the owner or occupant thereof, and upon his default, after notice, to cause the work to be done, and to assess the expense thereof upon the land or building.

Fifteenth-To prohibit and prevent the running at large of any and all domestic animals within the limits of the city, and to establish and maintain a pound for such animals, and to appoint a Poundmaster, or confer the duties of Poundmaster upon the Marshal, who shall be paid out of


duty of

the fines collected from the owners of animals impounded, Power and or from the sales of such animals, and from no other source. Trustees. Sixteenth-To prescribe penalties and forfeitures for the breach or non-observance of the city ordinances, but no penalty shall be imposed on any person for any one breach of any ordinance exceeding one hundred dollars. Such penalties may be recovered before any Justice of the Peace having his office within the corporate limits of the city, by civil suit brought by the City Attorney in the name of the corporation, and against the person violating any ordinance, and execution to collect the same shall be issued as in other civil cases, and in such cases persons living in the city, if in other respects competent and qualified, shall be competent jurors, and when judgment is rendered in any such action for the city, there shall be taxed, as costs against the defendant, in addition to other costs, the sum of ten dollars, which the City Attorney shall receive as his fees. All penalties and forfeitures so collected shall, by the officer receiving the same, be paid over to the Treasurer of the city; provided, that under no circumstances shall the city be liable for the fees of the Attorney.

Seventeenth-To establish a police department, and appoint policemen and watchmen, and regulate the proceedings and conduct of the same, and to discharge the same.

Eighteenth-To establish, maintain, and regulate a City Prison; provided, that until otherwise ordered by the Board of Trustees, the County Jail of the County of Napa shall be the City Prison, and the Sheriff of said county shall be the City Jailer, with like duties and powers as are imposed upon and vested in him in relation to the prisoners committed to his custody under the statute; and for the boarding and keeping of said city prisoners he shall be allowed a reasonable compensation, to be determined by the Board of Trustees, and paid out of the city treasury, which compensation shall, in no case, exceed the sum paid by the county for the boarding of prisoners confined in said Jail under the statute. Nineteenth-To build or rent buildings for the use of said city, and for the use of the fire and police department thereof. Twentieth-To provide for the formation of a chain-gang for persons convicted of crimes or misdemeanors, or breach or violation of city ordinances, and for their proper employment for the benefit of the city.

Twenty-first-To provide for the punishment, by fine or imprisonment, or both, of an act prohibited by an ordinance, in which case such act may be prosecuted by the City Attorney, in the name of the people of the State of California, before any Justice of the Peace having his office within the corporate limits of the City of Napa, in like manner as misdemeanors are prosecuted under the statute, and said Justices' Courts shall have jurisdiction over breaches and violations of city ordinances and non-compliance therewith, and the proceedings in such cases shall be in like form as proceedings in criminal cases under the statute; provided, that no fine for any one offense shall exceed one hundred dollars, and no judgment of imprisonment for any

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