and County of San Francisco, under authority of the Board of Supervisors of said city and county, and not otherwise provided for by law, and which are now paid out of the Urgent Necessity Fund," may hereafter be allowed by said Board and be audited and paid out of the "Special Fee Fund" of said city and county. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCCCXXVII.-An Act to authorize the City of San José to issue bonds to provide sewerage for said city. [Approved March 29, 1878.] The People of the State of California, represented in Senate and issuing to people. SECTION 1. The City of San José is hereby authorized to question of issue, either at one time, or from time to time, in its corpo- bonds to be rate name, its bonds, to be known as the "Sewerage Bonds submitted of the City of San José, State of California," but said question of issuing sewer bonds shall be submitted for decision to the qualified voters of said city in the following manner: There shall be two kinds of tickets, one kind with the words "For Sewerage Bonds" printed thereon, one kind with the words "Against Sewerage Bonds" printed thereon, and the majority of votes for or against the issuance of said bonds shall decide the question. Said question to be submitted to a vote of the qualified voters at the municipal election to be held in the City of San José on the second Monday in April, 1878, to such an amount, not exceeding the aggregate sum of one hundred thousand dollars, as the Mayor and Common Council of said city may deem necessary and proper, pledging the faith of the City of San José that, on or before the first day of January, eighteen hundred and eighty-nine (1889), it will pay, in gold coin of the United States, to the holder of such bond, at the office of its Treasurer, in the City of San José, a sum of money to be therein stated, which shall not be less than one hundred nor more than one thousand dollars, and that it will also, semi-annually, on the first day of January and the first day of July, pay at said office interest thereon, in like gold coin, at the rate of six per centum per year, upon the delivery to said Treasurer of the coupon for interest then due. bonds. SEC. 2. Said bonds shall be prepared by the City Treas- Requireurer, and shall be numbered consecutively, and shall be ments of recorded and signed by him, and shall then be signed by the Mayor and delivered to the City Clerk, who shall countersign them and register them in his office. The register of the City Treasurer and City Clerk shall each show the number, date, and amount of each bond, and when it was issued, and to whom. Each bond shall have attached Interest to it coupons for the semi-annual interest, each of which coupons. Disposal of bonds. Interest coupons; how paid. Interest tax. Redemption tax. coupons bearing the number of its bond, the date when it will become due, the amount to be paid, and the number of its series in the order of becoming due, making the coupons first due number one. Said coupons shall be signed by the City Treasurer, Mayor, and City Clerk. SEC. 3. The Mayor and Common Council of the City of San José may dispose of the whole or any part of said bonds at one time, or from time to time, as may be deemed proper, by offering them to the highest bidder, at not less than par, in gold coin of the United States, after having given at least thirty days' notice, in two newspapers published in the City of San José, and one published in the City of San Francisco, of the time and place, where and when the bids will be opened, and the terms and conditions, if any, that must accompany the bids. The said Mayor and Common Council shall have the right to reject the whole or any part of the bids that may be received, and they shall not have the right to make any contract or announcement to the contrary. SEC. 4. Whenever any interest coupon that is due is presented to the City Treasurer of said city, he shall pay the same out of the Sewerage Interest Fund, and no order, authority, or warrant shall be necessary to authorize the Treasurer to make the purchases and payments required by this Act, and the delivery by him to the City Clerk of the canceled bond or coupon shall be the Treasurer's sufficient voucher in the settlement of his accounts. And so much of any law as is contrary to the provisions of this section is hereby repealed, so far as it conflicts with the operation hereof. SEC. 5. At the time of making the annual levy of city taxes, and until the bonds issued under the provisions of this Act have been paid, the Mayor and Common Council of said City of San José shall annually levy a special tax, to be known as the sewerage interest tax, sufficient to pay the annual interest on the outstanding bonds issued under this Act. SEC. 6. During the fiscal year of eighteen hundred and eighty-eight (1888) and eighteen hundred and eighty-nine (1889), at the time and in the manner of levying and collecting city taxes, and during each fiscal year thereafter, until all of the bonds issued under the provisions of this Act are fully redeemed and paid, the Mayor and Common Council of the City of San José shall levy and collect a special tax of twenty-five thousand dollars, or a sufficient amount to pay each year twenty-five per cent. of the bonds so issued. Said special tax shall be known as the sewerage bond redemption tax, and shall constitute by itself a fund of the city treasury to be known as the Sewerage Bond Redemption Fund. Said bonds shall be redeemed in the regular order of their numbers, beginning at number one. All bonds and coupons when paid by said Treasurer shall be marked by him across their face with the word "canceled," which cancellation shall be signed by him as such Treasurer. SEC. 7. The money accruing under section five of this Act shall not be used for any purpose whatever, except for paying the interest as it may become due on the bonds issued under authority of this Act. And the money accruing under section six of this Act shall not be used for any purpose whatever, except for paying and redeeming the bonds issued by authority of this Act. of sale. SEC. 8. The money arising from the sale of the bonds Disposal of issued under the provisions of this Act shall be paid into proceeds the treasury of the City of San José, to the credit of and shall form a Special Sewerage Fund, and shall only be used in constructing and providing for the main sewerage of the City of San José. The surplus, if any, remaining in said funds when the matters named in this section are wholly completed and paid for, shall be transferred to such fund or funds as the Mayor and Common Council of said city shall direct. SEC. 9. It shall be a part of the contract between said City of San José and the purchasers or holders of the bonds issued under the provisions of this Act, that as long as any of said bonds remain unpaid and unredeemed by said city, said city shall not issue bonds for any other purpose whatever; and this Act shall be printed on the back of each bond issued under it, and shall form a part of the contract between the city and the holder of the bond. SEC. 10. The Mayor and Common Council shall allow to Compensathe several officers and other persons necessarily employed tion. in preparing the bonds authorized by this Act, such reasonable compensation for their several services as may be just, which compensation shall be paid out of the General Fund of said city. SEC. 11. All Acts or parts of Acts in conflict with any of the provisions of this Act are hereby repealed. SEC. 12. This Act shall take effect immediately. CHAP. CCCCXXVIII.-An Act to amend an Act to establish a Board of Commissioners for the former Pueblo or City of Sonoma, and other matters relating thereto, to define the powers and duties of said Commissioners, and to repeal all other Acts relating to the said pueblo or city, the provisions of which are inconsistent with the provisions of this Act, approved March 30th, 1868. [Approved March 29, 1878.] The People of the State of California, represented in Senate and sioners SECTION 1. Amend section one of said Act, to be amended Commis so as to read as follows: Section 1. G. T. Pauli, Otto appointed. Schelter, and John Tirnen, are hereby appointed a Board of Commissioners of and for the Pueblo or City of Sonoma, in the County of Sonoma and State of California, with power to fill all vacancies that may occur in their number. SEC. 2. Section five of said Act to be amended so as to Power of read as follows: Section 5. The said Commissioners are sioners. Commis Duty of Commissioners. empowered to levy and collect a special tax, in an amount sufficient to pay all cost, expenses, and fees that may be requisite to fully settle up and finish all the proceedings and business relating to the lands and survey of the Pueblo of Sonoma, and procuring a patent for the same, and also for the payment of all just claims of the former Commissioners. SEC. 3. Section twenty-one of said Act to be amended so as to read as follows: Section 21. The said Commissioners shall keep a full and complete record of their proceedings. SEC. 4. Section twenty-two of said Act to be amended so as to read as follows: Section 22. The said Commissioners shall, as soon as practicable, close up and finish all their labors connected with the business of the said City or Pueblo of Sonoma, and shall, at the close of their official business, pay over to the Public School Trustees of the Sonoma and St. Louis School Districts, ratably, according to the number of scholars in each district, as appears by the returns of the Census Marshals of said districts preceding the distribution of said funds. All moneys in their hands not otherwise appropriated, to be used by said Trustees for school purposes in said districts, and shall deposit in the Recorder's office of Sonoma County all books, records, papers, documents, and matter in their possession or under their control, relating to the said City or Pueblo of Sonoma. Office created. Compensation. Duty of Same. CHAP. CCCCXXIX.-An Act to provide a system of irrigation, promote rapid drainage, and improve the navigation of the Sacramento and San Joaquin Rivers. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. The office of State Engineer is hereby created, which shall, before the first day of May, eighteen hundred and seventy-eight (1878), be filled by appointment by the Governor of the State, for a term of two years. SEC. 2. The compensation of the State Engineer shall be six thousand dollars per year. SEC. 3. The duty of the State Engineer shall be, under the direction of the Governor, to investigate the problems of irrigation of the plains, the condition and capacity of the great drainage lines of the State, and the improvement of the navigation of rivers. SEC. 4. In order to carry out the purpose specified in section three, it shall be required of the State Engineer to ascertain as nearly as possible the following named facts, and to express opinions as is hereby required: First-To ascertain the present water-carrying capacity of the Sacramento and San Joaquin Rivers, in the different sections which are liable to overflow. Second-Whether the carrying capacity can be increased, Duty of and if so, by what means, and at what cost. Third-The maximum quantity of water which may reasonably be expected to present itself, on any day, at the head of any of the sections of the rivers as before mentioned. Fourth-Whether it is possible to make the rivers carry the maximum quantity thus ascertained, and if not, to suggest such other measures as may be judicious for the relief of the rivers and the protection of adjoining lands, and to give detailed estimates of the cost of the suggested works. Fifth-To ascertain whether there has been any change in the height of beds of the navigable rivers of the State, and if so, to determine as nearly as may be the extent of this change, and the cause or causes to which it is due, and whether change is now taking place in the height of the beds of the rivers, and if so, what legislation, if any, will be effectual in preventing the rise of the beds, or in diminishing the rate of rise. Sixth-To ascertain the effect of any change in the bottom of the rivers, or the carrying capacity, and the height of floods in the rivers. Seventh-To ascertain the position and acreage of all lands in the valleys of the State, which are now or may be in the future in need of irrigation; to divide these lands into their natural districts; to ascertain the water source or sources from which each district may be most conveniently irrigated; to ascertain the quantity of water which these sources can supply in different years for irrigation; the length of time in each year during which these sources will supply sufficient water for irrigation; make studies of the best means for irrigating each district, and give his opinion and advice to such parties as may be engaged in irrigating a district, or who may be about to undertake the irrigation of a district, and for this advice no compensation shall be received from the parties to whom the advice is given. Eighth-The State Engineer shall also inquire into the relation which hydraulic mining bears to the navigation of the rivers, and to their carrying capacity; to inquire into the question of the flow of debris from the mines into the water-courses of the State; to ascertain the amount and value of agriculture lands and improvements which have been covered up or injured by the overflow or deposit of debris, coming from the hydraulic and other mines in the Sacramento Valley, and to devise a plan whereby the injuries caused thereby can be averted without interfering with the working of such mines. Ninth-In addition to making these inquiries, the State Engineer shall make such other investigations as may appear to him to be necessary, and approved by the Governor, for the proper and complete solution of the problem stated in section three. Tenth-Inasmuch as these inquiries involve a broad and scientific treatment of the physical facts of the water system of the State, and as their study may properly be divided, the Governor is authorized to employ, for the purpose of advis Engineer. |