empowered to pay to each of such claimants an amount of money, not to exceed fifty per centum of the amount, which said Board shall, after full and careful investigation, find it legally, justly, and equitably due to such claimant from said Derby for labor, materials, or supplies furnished him in the construction of said Lick Avenue. SEC. 2. The Board of Supervisors of Santa Clara County Claim of B. are further authorized and empowered to audit the claim of F. Graham. B. F. Graham for services rendered, and labor and materials furnished, in the repair of the old wooden bridge on the Coyote River, at the point known as the Santa Clara Street crossing, and said Board may pay to the said B. F. Graham the amount found by them to be justly and equitably due him for said services, labor, and materials so furnished; provided, that the sum so paid shall not, in any event, exceed the sum paid by the City of San José to said Graham, as its full share of expense for said repairs to said bridge. how paid. SEC. 3. All moneys paid out by the said Board of Super- Moneys; visors under the provisions of this Act shall be paid from the Current Expense Fund of Santa Clara County. SEC. 4. This Act shall take effect and be in force from and after its passage and approval. CHAP. DXLIX.-An Act amendatory of and supplementary to an Act entitled an Act to provide for the construction and repair of bridges in the County of Mendocino, approved March 27th, 1878. [Approved March 30, 1878.] The People of the State of California, represented in Senate and constructed. SECTION 1. The bridge to be constructed across South Bridge Eel River, referred to in said Act to which this is amendatory, may be constructed across said South Eel River at the point specified in said Act, or if the Board of Supervisors of Mendocino County shall, within ninety days from the passage of this Act, cause to be located a road leading from Ukiah, by Eden Valley, to Round Valley, and crossing said South Eel River at some other place than the one where the present road crosses said river, the Board of Supervisors may construct such bridge across said South Eel River at the point where such new road crosses the said South Eel River. City to establish system of drainage. What to cost. City to condemn property. Money; how raised. City to make contracts. CHAP. DL.-An Act to confer upon the City of Sacramento the power to construct such canals and levees as may be necessary to its drainage and to its permanent protection from overflow. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. The City of Sacramento, by its Board of Trustees, is hereby authorized to adopt and establish a system of levees, canals, and drainage, and to construct and maintain the works necessary thereto; and to repair, maintain, construct, and control all levees, canals, and other works necessary to the protection of said city; provided, however, that no system or plan shall be adopted by said Board which will cost over twenty thousand dollars, unless such plan is first submitted to and ratified by a vote of the electors of said city. Said Board of Trustees is hereby declared to be the legal representatives and successors of the Board of Supervisors of the County of Sacramento, and of the Board of Levee Commissioners of the City of Sacramento, in all matters pertaining to the Sacramento Drainage Canal, and in all matters pertaining to the levees in the City of Sacramento, and in all matters pertaining to all the levees, canals, and other works which said city shall hereafter adopt as part of its system of levees or drainage; and of said canal and said levees in said city, and such other canals, levees, or other works of protection as said city may hereafter adopt or construct, the said Board of Trustees shall have the sole control. Said Board may prescribe the time and mode in which any proposed system of drainage or levees may be submitted to the electors of said city. SEC. 2. The purposes for which the works mentioned in section one are constructed, are hereby declared public uses, and the City of Sacramento is hereby authorized to proceed, under the provisions of the Code of Civil Procedure, to condemn any and all property necessary to the construction and maintenance of such works. SEC. 3. The City of Sacramento, if it adopt any plan involving the expenditure of more than twenty thousand dollars, may raise the money required to carry out such plan, either by the issuance of bonds, certificates of indebtedness, or by direct taxation, as the people may at said election determine. SEC. 4. The City of Sacramento may make such contracts with any swamp land, levee, or reclamation district now in existence or hereafter to be formed, or with any person, or body politic or corporate, whereby each may be compelled to contribute its proper quota towards any works necessary to be constructed outside of said city. If any levee, or any system of drainage, projected, constructed, maintained, or kept in repair by said city, shall be beneficial to any levee, swamp land, or reclamation district, such district shall contribute its just quota to the payment of the expense of such powers of, construction, maintenance, and repair. The amounts to be paid, respectively, by said city and said districts, shall be fixed by the agreement of the respective Boards of Trustees of said city and districts. In case said Boards of Trustees Commission cannot agree, the District Court of said county must, on the appointed; petition of said city, appoint a Commission, of not more etc. than three persons, who shall have power to determine: First-Whether the levee or drain is beneficial to such swamp land, reclamation, or levee district; and if so, then, Second-The proportion of the cost of constructing and maintaining such levee or drain which such district ought to pay. The proportion so fixed shall be conclusive on said city and district, and each must thereafter contribute to the construction, maintenance, and repair of such levee or drain, in the proportion fixed by such Commission. SEC. 5. An Act entitled "An Act to confer additional Repealed. powers on the Board of Levee Commissioners of the City of Sacramento, approved February twelfth, eighteen hundred and seventy-eight, and all other Acts and parts of Acts inconsistent herewith, are hereby repealed; but such repeal shall not impair any valid claim created under such repealed Act or part of Act. SEC. 6. This Act shall be in force from and after its passage. CHAP. DLI.-An Act to organize Levee District Number One, of [Approved March 30, 1878.] The People of the State of California, represented in Senate and district described. SECTION 1. All that portion of Sacramento County bounded Levee as follows, viz.: Commencing at a point in the center of the American River on the quarter section line running north and south through section number ten, township eight north, range five east, and running thence south on quarter section lines through sections ten, fifteen, twenty-two, twenty-seven, and thirty-four, to the township line between townships seven and eight north, range five east; thence west on the said township line to the old embankment of the Freeport Railroad; thence along said embankment in a southwesterly direction to a point one hundred feet west of the present levee on the bank of the Sacramento River; thence northerly parallel with the outer base of said levee, as located and built by the City Levee Commissioners, and one hundred feet westerly therefrom to the southerly boundary of the City of Sacramento; thence easterly along said southern boundary to the southeast corner of said city; thence northerly along the east boundary of said city and in continuation thereof to the center of the American River; thence up the center of said river to the place of beginning, is hereby set Officers of. Supervisors to cause election; how con ducted. Trustees to decide terms of office. apart and created into a levee district, to be known as "Levee District Number One of Sacramento County," and under such name it shall have power to contract, and sue and be sued, and to exercise all other authority by this Act conferred. SEC. 2. The officers of said district shall consist of three Trustees, one Assessor, and one Tax Collector. The same person may hold the offices of Assessor and Collector. SEC. 3. The Supervisors of Sacramento County shall, at the earliest time possible, cause an election to be held, at the several places where elections are usually held in said levee district, for the purpose of electing three Trustees, one Assessor, and one Tax Collector for said district. Notice of such election shall be given in a newspaper published in Sacramento City, for ten days before the time of holding the same, which notice must specify the time and places for holding the election, the offices to be filled, also the Inspector and Judges of Election in each precinct. Said election shall be held, as near as practicable, in accordance with the general election laws of the State of California, except registration shall not be required, and ordinary paper may be used for ballots. Returns, in accordance with the general election law, shall be made to the Board of Supervisors, and they shall canvass the returns and declare the result, and the County Clerk shall thereupon issue certificates to the persons declared to be elected. The expenses of all elections held under this Act shall be paid out of the General Fund of Sacramento County. All the elections, after the first herein provided for, shall be held at the same time and places within said district, and be conducted by the same Boards of Election as hold and conduct the general State and county elections; and returns thereof shall be made to the Board of Supervisors, and shall be by them canvassed, and the result declared, and certificates thereon issued by the County Clerk to the persons declared elected. At each general election for county officers, there shall be elected, for said district, one Director, one Assessor, and one Tax Collector, each of whom shall take his office on the first Monday of the succeeding March. Vacancies in the office of Assessor or Tax Collector shall be filled by a special election, to be held within one month after the occurring of such vacancy, at such time and places and under such regulations as the Board of Trustees may prescribe. SEC. 4. The Trustees shall each, within ten days after file oath, and the issuing of his certificate of election, take and file the usual oath of office. They shall, at their first meeting, decide by lot so that one shall go out of office on the first Monday in March next succeeding the next general election for State and county officers, another to go out on the first Monday of March after the next general election, and so on; and a successor shall be elected at each general election next preceding such time of expiration of term of office. At said first meeting they shall elect a Chairman and Clerk from their number, and a majority shall be a quorum for the transaction of business. Said Board is hereby constituted and declared to be the legal representatives and successors of the Board of Supervisors of Sacramento County, and of the Board of Trustees of Reclamation District Two Hundred and Eighty-seven, in all matters pertaining to the reclamation and drainage of said Levee District Number One, and is hereby given and invested with all the powers and privileges heretofore devolving upon or invested in either or all of said Boards in said matters, except as herein otherwise provided; and each of said Boards is hereby directed, immediately after receiving notice of the organization of said Board of Trustees, to transfer to them all books, papers, property, maps, and effects of every name, nature, and description, in their possession or under their control, relating to said matters. Said Board of Trustees of said levee district are hereby Board to given and directed, and authorized to take absolute charge, take posses control, and possession of all levees, canals, and other works levees, etc. of every name, nature, and description, erected, or to be erected for the protection or drainage of the lands in said. levee district, and are hereby authorized and directed to enlarge or repair any canal, levee, or work now existing for the protection or drainage of said district, and to construct any other levees, canals, or works of protection or drainage that they may deem necessary to protect or drain any part or all of said levee district; provided, however, that if the City of Sacramento shall adopt any system of levees and drainage which shall embrace any levee, drain, or canal, or other work of reclamation or drainage now constructed, or hereafter to be constructed within said levee district, then said. city shall have full control of such levee, drain, canal, or other work, and of the construction, maintenance, and repair thereof. The said Board of Trustees may make such contracts with the City of Sacramento, whereby said city and said levee district may each be compelled to contribute its proper quota towards the construction, maintenance, and repair of such works of reclamation and drainage, as are mutually beneficial to said city and district. If the said Failure to city and district cannot agree as to whether any existing or agree. projected work in said district is mutually beneficial to both, or cannot agree upon the proportion which each must contribute to such work, then the question in dispute must be determined in the manner provided in an Act entitled "An Act to confer upon the City of Sacramento the power to construct such canals as may be necessary to its drainage and to its permanent protection from overflow;" but nothing herein contained shall make said city liable to contribute to any work which it shall not have adopted as part of its system of levees or drainage. The said Board of Trustees of said levee district shall have power to cause all work by them ordered to be done either by contract or by day's labor, as they may deem most advantageous for said district. The said Board of Trustees shall have power to appoint, whenever necessary, a Superintendent of the levees, canals, and works of said district, and to define his duties and prescribe his pay. A Trustee may be elected such Superintendent. SEC. 5. The Assessor and Tax Collector of said district Oaths and shall each, before entering upon the duties of his office, take fled. bonds to be |
