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acting Trustees shall appoint one Inspector and two Judges, who, with a Clerk appointed by them, shall take the oath of office, and hold said election in accordance with the election laws of the State for State elections. No person shall be entitled to a vote at these elections unless he shall be a qualified elector of the State, and have resided in the incorporate limits at least thirty days preceding the election. Any elector, as aforenamed, is eligible to the office of Trustee. The persons receiving a plurality of the votes cast shall be declared elected. The compensation of the officers of the election shall not exceed the sum of one dollar for each person for each day's labor, and paid as other debt of the town, as hereinafter named. All election returns of said elections shall be made out by the officers of the election, and filed with the Town Clerk. The polls of all town elections shall be opened at one o'clock P. M., and continue open until eight o'clock of the same day. The Trustees shall be required to give no bonds, and shall receive no compensation.
Sec. 6. The Board of Trustees shall fix, by ordinance, the times and places of holding their stated meetings, and may be convened at any time by the President of the Board. All meetings of the Board shall be held within the corporate limits of the town, and shall be public.
SEC. 7. The Board of Trustees shall judge of the qualifications and election returns of their own members, and determine all contested elections. They may establish rules for their own proceedings, punish any member or other
person for disorderly behavior in their presence. They shall keep a journal of their own proceedings, and at the desire of any member shall order the "yeas” and “nays" taken on the question and entered on the journal.
SEC. 8. The Board of Trustees shall have power within the town limits:
First-To make by-laws and ordinances in accordance with the Constitution and laws of the State.
Second–To levy and collect, for revenue purposes, taxes on all real and personal property made taxable for State and county purposes, not exceeding one-half per centum per annum on the assessed value of such property.
Third-To make special assessments of taxes for altering, widening, filling up, grading, graveling, or otherwise improving any street or public grounds, or keeping the same in repair, of the town, amounting to the whole cost of such improvement, on the real property situated on either side of the street or public ground to be improved, according to the benefit to accrue thereby to such property, to be computed by three persons chosen by the Board of Trustees for that purpose, and who shall, before entering upon their duties, be sworn to make such computation faithfully and impartially, and shall make their report in writing and under their hands, and the concurrent report of any two of whom may be received as final in the premises; provided, that the owners of more than three-fourths of the real estate on either side of any street, or alley, or public ground, shall petition the Board of Trustees for such improvement; pro
Lery and collection of taxes,
Tax for improvement of streets.
vided further, that no assessment of taxes on any real property, for the purpose named in this section, shall exceed one per centum in aggregate, in any one year, of the cash value.
Fourth-To provide for the draining, grading, paving, Repair of improvement, and repairs, and lighting of streets, and the streets and construction of sidewalks, drains, and sewers, and keeping the same in repairs, and the prevention and removal of any obstructions on the streets or sidewalks, or any public ground of the town.
Fifth-To provide for the prevention and extinguishment of fire.
Sixth-To regulate the storage of gunpowder, tar, pitch, Combustiresin, and other extremely combustible materials.
Seventh-To procure, provide, and maintain public reservoirs, and the necessary right and title to the same; also, waterclaim or claims necessary to supply the town with pure fresh water for culinary and other purposes.
Eighth-To prevent and remove all nuisances; to prevent, Impounding by fine, the running at large of cattle, horses, sheep, goats, swine, mules, and provide for the impounding of the same, and selling the same to pay the costs and expenses of impounding and keeping the same; to compel the muzzling and killing of dogs, and to authorize their being killed, and to order an annual collection of a tax of at least two dollars, Dog tax. and not more than five dollars, on each and every dog owned or kept within the town; also, to order collected, an annual Poll tax. tax for general purposes, of no more than two dollars, and not less than one dollar, on each male person over the
of twenty-one years, and resident in the town.
Vinth-To prevent and restrain any riot or disorderly assemblage or conduct in any street or public place in the town, and to provide and maintain a chain-gang, and make the necessary rules and regulations for the same.
Tenth—To remove from the inhabited parts of the town, any slaughter-house, hog-pen, hay-stack, and other offensive things.
Eleventh-To license, regulate, tax, or prohibit, or suppress, Issuance of any dram shop, tippling house, hawkers, and peddlers, and licenses. pawnbrokers, and to suppress disorderly houses, gaming, and gambling houses.
Twelfth-To license and regulate auctioneers, bar-rooms, Same. billiard tables, bowling alleys, theatrical and other exhibitions, shows, and amusements; provided, that no license tax shall be assessed by the Board of Trustees of said town for any saloon, billiard table, public house, or bowling alley exceeding ten dollars per month.
Thirteenth—To appropriate money for any item of town appropriaexpenditure and to provide for the expenses of the town. No debt or debts, in the aggregate, shall exceed two hundred and fifty dollars at any one time in excess of the money in the treasury to pay such debts.
Fourteenth-To pass all ordinances and by-laws for the carrying into full effect the foregoing powers. SEC. 9. The Board of Trustees may impose fines and imposed.
tions for expenses.
Recovery of same.
Land held for public use.
imprisonment, or both, for any breach of their ordinances, but no fine shall be imposed on any one person, for any one breach of ordinance, of more than one hundred dollars, and no imprisonment for any one breach of ordinance for more than thirty days. Said fines may be recovered before any Justice of the Peace having his office within the corporate limits of the town, or before the Town Recorder, by suit in the name of the Town of Felton, and collected by execution, or in such manner as fines imposed by laws of the State are collected. All fines collected in pursuance of this Act shall, by the officer collecting the same, be paid over to the Town Treasurer, and a receipt taken for the same, and for any omission to do so such officer may be proceeded against on his official bond in the name of the Town of Felton, in the manner authorized by law on the failures of officers to pay over money collected when so required.
Sec. 10. The Board of Trustees may receive and hold property, real and personal, within said town, for public purposes; provided, that the Trustees may receive and hold lands and other property outside of the corporate limits for cemetery purposes and for the purpose of supplying the town with pure water, and have the same jurisdiction and control over such property as if situated within the limits of this
town. Contracts, to Sec. 11. All contracts for building, or repairing, or other
work, or furnishing material, which the Trustees are authorized to make for the town, shall be by them let to the lowest responsible bidder. Before making any contract for building, repairing, or any other work, or furnishing material, the Trustees shall first advertise for sealed proposals, for at least two weeks, in a newspaper published in the county, or by posting notices; and all proposals shall be opened in the presence of the bidders. No Trustee shall be interested in any contract, directly or indirectly.
SEC. 12. If at any time the owners of three-fourths of the real estate fronting on any street or public ground, counting from one cross street to the next, shall petition the Board of Trustees for the privilege of repairing, grading, planking, graveling, or paving any street or sidewalk along the same, then it shall be the duty of the said Trustees to cause an immediate survey of the proposed improvements to be made by some competent surveyor, who shall, in his specifications, give the proper grade and amount of excavating or filling in front of such real estate; or if the improvements only extend to the sidewalk, then he shall give the grade
and amount of excavating or filling of the sidewalks. If the Approval of Board of Trustees approve the survey and specifications, they
shall order said improvements to be made, as petitioned, and shall make an assessment of the costs thereof to each of the persons owning real estate on either side of said street, alley, or public ground, and the same shall constitute a lien on such real estate until such assessment is paid or satisfied; provided, that each of said persons shall have the privilege of making his improvements in accordance with the specifications and within the time mentioned by ordinance; but if
Petition for improvements,
not so made then it shall be the duty of the Marshal forth- Duty of with to let out, in the manner provided by ordinance, the
Marshal. making of such improvements as remain unfinished; and if the owners of such real estate shall fail, or neglect, or refuse to pay the costs of the same when completed, it shall be the duty of the Marshal, by order of the Trustees, to institute suit, in the name of the town, against said owner for the recovery of said costs; and the judgment rendered thereon shall constitute a lien upon said real estate, and execution may be issued thereon and may be served as in other civil cases. The Trustees may require all streets, after such streets to be improvements have been made, to be kept in good repair by kept in the owners of said real estate, and if not repaired when ordered by the Marshal, the Trustees shall let out the making of such repairs and collect the costs of the same in the manner named above; provided, that the cost of the survey and specifications may be paid out of the General Fund of the town.
SEC. 13. The Trustees shall fix by ordinance each year the amount of taxes to be levied and collected for current expenses.
SEC. 14. The Board of Trustees shall constitute a Board Board of of Equalization, and shall, as soon as the Assessor shall have Equalizacompleted and filed with the Town Clerk his assessment, and after ten days' notice, hold their meeting to hear and determine all complaints respecting the valuation of property, and shall have power to modify and change such valuation of property in any way a majority of them shall deem just. Said meeting shall be held for two days and no longer. Said Board shall receive a compensation not to exceed three Compensadollars each for each day's session, to be paid as other tion. expenses of the town.
Sec. 15. The Marshal, Treasurer, Assessor, Clerk, and officers to Recorder, before entering upon their respective offices, shall take oath take the oath of office prescribed by law, and also give a bond bond. and sureties, to be approved by the Board of Trustees, payable to the Town of Felton, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their respective offices as required by law. Should the bond of any town officer become insufficient, he shall be required to give additional security within ten days, as the Board of Trustees may require, not exceeding the amount required by ordinance. Upon his failure to do so at the time fixed, his office shall be declared vacant and filled by appointment by the Board of Trustees.
Sec. 16. If any vacancies occur in the offices of Trustee, Vacancy. the same shall be filled by special election, called for that purpose; provided, that the Trustees may appoint to fill the vacancy, if the time be less than two months to the general election of Trustees.
SEC. 17. Should any officer herein mentioned fail to Failure to qualify and give the required bond, for ten days after receiv- quality. ing notice of his election or appointment, the office shall be declared vacant and filled as provided in this Act.
SEC. 18. The official bond of every officer named in this
President of Board,
failure or neglect.
Act shall be filed with the President of the Board of
Trustees. Duty of SEC. 19. The President of the Board of Trustees shall
preside over all meetings of the Board of Trustees, and shall sign all warrants drawn on the treasury. He shall make a semi-annual report and statement, on or before the first Monday in January and June of each year, of the receipts and expenditures of the preceding half year, and specify upon
what account such expenditure was made and had, and cause Penalty for the same to be published. If he shall fail or neglect to make
and cause such statement to be published, at these times, he shall forfeit for such neglect the sum of one hundred dollars, to be recovered in any Court of competent jurisdiction, onehalf of which shall go to the General Fund of the town, and the other half to the benefit and use of the person who may bring suit for the collection of said forfeiture; provided, that, in absence of the President, a President pro tem. may be chosen who shall act as President for the day only.
SEC. 20. Nothing in this Act is to be construed to interfere with the keeping of the county roads in good repair, and building the necessary bridges or fixtures within the town limits, by the Board of Supervisors of Santa Cruz County,
and they are not released from that duty. Demands, SEC. 21. All demands that shall lawfully arise against how paid.
the town, to be entitled to payment, shall be presented to and allowed for such amount as shall be deemed just by the Board of Trustees, and no bill, demand, or warrants shall be paid out of the town treasury, unless the same shall have been allowed by the Board of Trustees, and signed by the President of the Board and countersigned by the Clerk, and shall be paid by the Treasurer in the order of their issue.
SEC. 22. It shall be the duty of the Town Clerk, in addition to any duties required of him by the Board of Trustees, to attend all the meetings held by the Board. He shall keep a correct journal of their proceedings, and on receiving the official returns of charter elections held for any town officer, shall, without delay, after the result has been declared by the Board of Trustees, notify the person elected, and shall draw all warrants on the town treasury and countersign the same, and shall receive such compensation as the Board of Trustees may deem just.
SEC. 23. It shall be the duty of the Town Marshal, in addition to any duties required of him by the Board of Trustees, and he is hereby authorized to execute and return all processes issued duly by the Recorder's Court, or by any other legal authority, when directed to him, to enforce the ordinances passed by the Board of Trustees, and arrest all persons guilty of violation of the same; and every citizen shall, under å penalty of not less than twenty dollars and not more than fifty dollars for each and every offense, lend aid and assistance when called upon by the Marshal in the arrest and conveyance of a person or persons disturbing the peace or violating any of the town ordinances; to collect all licenses and taxes that shall at any time be due the town; to receive the tax list, and upon receipt thereof to proceed