CHAP. DXXXVIII.-An Act granting to certain persons therein named the right to construct and maintain a raceway through the City of Placerville.

[Approved April 1, 1876.]

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

raceway.

SECTION 1. The right is hereby granted to John Blair, Right to Thomas Alderson, Truman Wilcox, L. A. Garrett, Thomas construct Price, and F. A. Bishop, their associates and assigns, to construct and maintain a raceway, or bed-rock flume, for drainage and flow of tailings, within the City of Placerville, along and upon the following route, viz: Commencing at the point where the western boundary of said city crosses Hangtown Creek, and extending thence eastwardly up and along the bed of Hangtown Creek to the intersection of said creek with the eastern boundary of said city.

SEC. 2. Said grantees shall, within ninety days from the Map to be passage of this Act, survey said raceway, file a map of the filed. same, and a copy of the field notes, in the Recorder's office of El Dorado County; said field notes to be recorded in Book of Water-rights, in said Recorder's office.

commenced.

SEC. 3. Said grantees shall commence the construction of When to be said raceway within ninety days after the passage of this Act, and shall complete the same, in accordance with the route surveyed, within three years; provided, that if the survey is not made, work commenced, and raceway completed as herein required, then the franchise and privileges herein granted shall be forfeited and abandoned, and all work done. shall vest in the City of Placerville.

SEC. 4. Said grantees shall be liable to the owners of prop- Damages. erty along the line of said proposed raceway for any damage done in the construction of said raceway.

SEC. 5. Said grantees shall keep said raceway open, and all persons, whether owning property in said city and near said raceway or not, shall have the right and privilege at all times to flow tailings and water, and flow or dump refuse matter of all kinds, into said raceway, at any point thereon. Said city, or any citizen thereof, may construct sewers or drains to connect with said raceway.

SEC. 6. The franchise and privileges hereby granted shall continue for twenty years.

SEC. 7. This Act shall take effect from and after its passage.

Appropriation.

Controller to draw

warrant.

CHAP. DXXXIX.-An Act for the relief of Elijah True.
[Approved April 1, 1876.]

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

SECTION 1. The sum of five hundred and four dollars
is hereby appropriated, out of any moneys in the State trea-
sury not otherwise appropriated, to pay Elijah True the
principal, and legal interest thereon, for money which he
paid into the treasury in eighteen hundred and sixty-eight,
for a patent for a portion of the thirty-sixth section of town-
ship number five north, range four (4) west, in this State,
which patent was afterward, and since the last session of
the Legislature, held by the Supreme Court of this State to
be void and of no effect; and the Controller is hereby author-
ized to draw his warrant in favor of said True for said sum,
and the Treasurer of State is directed to pay the same.
SEC. 2. This Act shall take effect immediately.

Corporate

name.

CHAP. DXL.-An Act to reincorporate the City of San Diego.
[Approved April 1, 1876.]

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

SECTION 1. All that tract of land known as the Pueblo of San Diego, included in the survey made for the city authorities in July, eighteen hundred and fifty-eight, by J. C. Hays, United States Deputy Surveyor-General for the State of California, shall henceforth be known as the City of San Diego, Boundaries, the boundaries of which shall be fixed by the field notes of the said survey, except the water-front line on the bay, and this shall be Ship's Channel of the said bay; and the municipal jurisdiction shall extend to said limits, and over the waters of said bay, and into the ocean to the extent of one marine league from the shore.

Wards.

SEC. 2. The said city shall be divided into five wards, which shall not be changed or altered except by an Act of the State Legislature. The said wards shall be as follows: The First Ward, that part of the city lying west of the line between Old San Diego and Middleton, extending said line northeasterly to the center of San Diego River, up said river to the eastern boundary of the pueblo, including all that part of the city north and west of the bay, and north of said line. The Second Ward shall include all that part of the said city between the said line of Old San Diego on the west and the center of Front Street, in Horton's Addition, on the east; extending this street as a boundary line due north to the center of San Diego River, the bay being the southern

boundary of said ward. For voting purposes, the inhabit- Wards. ants of that portion of the Peninsula of San Diego which lies north of a line drawn from the southwest corner of the pueblo at Chollas Valley, due west to the light-house on Point Loma, shall be considered as in the said Second Ward, and said inhabitants shall have the right to vote at city elections. The Third Ward, all that part of the city commencing at the center of Front Street, as last aforesaid, at its intersection with F Street, in Horton's Addition, as the western boundary of the said ward, the center of F Street, in said addition, as the northern boundary of said ward, and the center of Twelfth Street the eastern boundary, and Ship's Channel of the bay the southern boundary of the said ward. The Fourth Ward shall include all that part of the said city which is bounded as follows: Commencing at the intersection of Front and F Streets, running thence east along said F street to the center of Twelfth Street; thence north along the center of Twelfth street to the southern boundary of the park reservation; thence east along the said line of the park to the eastern boundary of the Pueblo; thence northerly along the said boundary to the middle of the San Diego River; thence westerly along the said river to the eastern boundary of the Second Ward; thence south along said lastnamed boundary to F Street and the place of beginning. The Fifth Ward shall include all that portion of the said city bounded on the west by Twelfth Street, on the north by the southern line of the park continued easterly to the eastern boundary of said city, on the east by said eastern boundary of the pueblo, and on the south by the southern boundary of said pueblo and the Bay of San Diego.

whom

SEC. 3 The government of said city shall be vested in a GovernBoard of Trustees, to consist of five members, one to be ment, in elected from each of said wards, who shall receive three dol- vested. lars each per diem when sitting as a Board of Equalization, and shall receive no compensation whatever for any other service rendered; the City Assessor and Tax Collector, who shall be elected by the people; the City Clerk and Treasurer, who shall be appointed by the said Board of Trustees. Said city shall be a body politic and corporate, by the name and style of the City of San Diego, and by that name shall be known in law, have perpetual succession, sue and be sued in Courts, and in all actions whatsoever; and may provide for the use, care, custody, and regulation of all the commons, parks, and cemeteries, and property, both real and personal, belonging to the city, but shall have no power to sell or dispose of any of the real estate of the said city, except as hereinafter provided; and all ordinances shall be made in the name of, and be passed by the said name and style of the City of San Diego.

SEC. 4. No person shall be eligible to any office provided Eligibility by this chapter, nor to any other office which may be estab- to office. lished by ordinance, nor shall any person be entitled to vote for the same who shall not be a qualified elector, according to the Constitution of the State, and who shall not have

Charter elections.

Appoint

ments.

Salaries

and fees.

resided in the city and ward for which he shall be elected, or offer to vote, for thirty days next preceding the election.

SEC. 5. A charter election shall be held on the second Thursday in May, in the year eighteen hundred and seventysix, and every two years thereafter, for the election of five Trustees, one in each ward, as aforesaid, a Tax Collector and Assessor, who shall be elected by the qualified voters of the city, as aforesaid, and who shall hold office until their successors are elected and qualified, as hereinafter provided. The Treasurer and Clerk may, in the discretion of said Board, be appointed by a majority of said Board of Trustees, at their first or subsequent meeting after their election, as aforesaid, who shall hold office during the same term as the Trustees appointing them were elected to serve, and until their successors in office are appointed and qualified. Compensation of the Assessor shall not exceed four dollars per day for the actual time employed, not to exceed seventy-five days. The Tax Collector shall not receive more than three per cent. on the amount collected. The City Clerk not to exceed thirty dollars per month, and he shall not be a Trustee. The City Treasurer shall receive no compensation whatever, and shall not be a Trustee. The City Attorney not to exceed twenty-five dollars per month, but may receive, at the discretion of the Board, extra compensation for extra services. Vacancies. In case of any vacancy in the Board of Trustees of the city, or in any subsequent Board, from any cause, it shall be the duty of the said Board to call a special election in the ward where such vacancy may occur, to fill the same by election, after giving ten days' notice, according to law, and said election shall be held, and the returns made, and the result declared, in the same manner as hereinafter set forth for the election of the five Trustees. If any vacancy shall occur in any of the elected offices created by this Act, it shall be the duty of the said Board of Trustees to call a special election to fill the same for the unexpired term; but in case of a vacancy in any of the offices to be filled by appointment, as herein provided, then it shall be the duty of said Board to fill the same by appointment.

First

election.

SEC. 6. For the first election held to fill the offices created by this Act, the present Board of Trustees of the said city shall appoint one Inspector and two Judges of Election in each ward, who, together with the Clerks to be appointed by them, shall take the oath of office prescribed by law for Judges and Inspectors of State and county elections, to be held at a place to be designated by said Board of Trustees, in each of said wards, declare the polls open, and in all things conduct the said election in a manner as prescribed for State and county elections in this State, except that the polls shall be opened at ten o'clock A. M., and continue open until seven o'clock P. M. of the same day. At all subsequent elections the said Trustees shall appoint the Judges and Inspectors, and fix the place of voting for each of said wards. The returns of the first and all subsequent city elections shall be made out according to law, and filed with the City Clerk within five days after said election. The Board of Trustees

shall open the said returns in public, count the said vote, and declare the result. The person having the greatest number of legal votes in each ward for Trustee shall be declared duly elected as Trustee for said ward, and receive from the Secretary or Clerk a certificate of his election. The person who shall respectively receive the greatest number of legal votes for each of the offices of Tax Collector and Assessor, shall be declared duly elected to said offices, and receive a certificate of election, signed by said Secretary or Clerk, and the said Trustees shall judge of the qualifications and the election returns of their own members, and determine contested elections of city officers.

SEC. 7. The Board of Trustees shall assemble within five Meetings of days after receiving notice of their election, who shall choose Trustees. from their number a President, and some person, not of their number, to be Clerk. They shall, by ordinance, fix the time. and place of holding their stated meetings, which shall not occur oftener than once in every two weeks, unless specially called by a majority of said Board, and no business shall be transacted at any special meeting except that mentioned in the call. All meetings of the Board of Trustees shall be held within the corporate limits of said city.

SEC. 8. At the meetings of the Board, a majority of the same. Trustees shall constitute a quorum to do business; a smaller number may adjourn, from day to day, and may compel the attendance of absent members, and under such penalties as the Board, previously by ordinances, may have prescribed. The said Board of Trustees may establish rules for their own proceedings, punish any member, or any other person, for disorderly behavior in their presence. They shall keep a journal of their proceedings, and the same shall be open to the inspection of any and all qualified electors; at the desire of any member, the yeas and nays shall be taken on any question, and entered in the journal.

be disinter

SEC. 9. No Trustee shall be interested in any contract, Trustees to directly or indirectly, nor receive any compensation for his sted. services. The said Trustees shall fix, by ordinance, the compensation of the officers appointed by them, and prescribe their duties; but in no case shall such compensation exceed the amount stated in section five.

SEC. 10. The Board of Trustees shall have power within Powers and the city:

First-To make by-laws and ordinances, not repugnant to the Constitution and laws of this State.

duties of Trustees.

Second-To levy and collect, for revenue purposes of the Taxes. city, taxes on all property, real and personal, made taxable by law for State purposes, a sum not exceeding thirty cents per annum, upon each hundred dollars of the assessed value of said property.

Third-To levy and collect a special tax, not exceeding same. sixty cents on the one hundred, in each year, on all property in said city, for the payment of all interest moneys on all sums of money borrowed and owing by said city, and for no other purpose.