CHAPTER I. CITIES AS BODIES CORPORATE. SECTION 4354. General powers. 4355. Distribution of powers. 4356. City declared by Legislature. 4357. Boundaries, how changed. 4358. Petition to Supervisors. 4359. Undertaking for expenses of election. 4360. Supervisors to order an election. 4361. Notice of election, etc. 4362. Ordinance approving such annexation. 4363. Order of Supervisors, etc. 4364. Expenses of election, how paid. 4365. Certified copy of order to be transmitted to Secretary of State and County Recorder. 4366. Act to fix time of the first election. 4367. First election, when and how held. 4368. Who are city electors. 4369. Officers, terms, elections, and appointments. 4370. Officers of a city. 4371. Direct taxes. 4372. Condemnation of private property for city use. 4373. Vacancies in office. 4374. Official oaths and bonds. 4375. Other sections applicable to cities. SEC. 4354. A city is a body politic and corporate, with the general powers of a corporation, and the powers specified or necessarily implied in this Title or in special laws. SEC. 4355. Every city has legislative, executive, and judicial power. Its legislative power is vested in a Common Council; its executive power in a Mayor and his subordinate officers; and its judicial power in a Police Court. SEC. 4356. Every subdivision of a county not exceeding in extent six square miles, with not less than two thousand inhabitants, with its metes and bounds fixed and defined, and declared by Act of the Legislature to be a "municipal corporation," is a city with the powers conferred by this Title. rios, how SEC. 4357. The boundary of a city may be changed by Boundaan Act of the Legislature, on petition of a majority of changed. the Common Council, presented in pursuance of a city ordinance, or, as hereinafter provided, by the Board of Supervisors. Super SEC. 4358. Whenever the residents of a county adjoin- Petition to ing the boundary of a city therein desire to become visors. incorporated therewith, they must present to the Board of Supervisors of their county a petition therefor, signed by at least ten citizens of the territory proposed to be annexed, giving the metes and bounds of such territory, praying the Board to order an election therefor. SEC. 4359. The petition must be accompanied with an undertaking in the sum of five hundred dollars, with sureties satisfactory to the Board, conditioned for the payment of all the expenses of the election in case a majority of the votes cast thereat is against such annexation, or the same otherwise fails as hereinafter provided. Under taking for expenses of election. to order an SEC. 4360. On receiving the petition and undertaking Supervisors the Board of Supervisors must order an election to be election. held by the voters of the territory proposed to be annexed, on a day not less than ten nor more than thirty thereafter, at a specified place within such territory, to determine whether the territory must be annexed to the city or not. SEC. 4361. Notice of such election must be given by advertisement. The provisions of this Code relating to general elections apply to this election. All persons entitled to vote at general elections who have been bona fide residents of the territory proposed to be annexed from the time of the first presentation of the petition, and continue to reside therein, are entitled to vote. The ballots must be substantially in the following form: "Annexation to (naming the city) Yes." "Annexation to (naming the city) No." SEC. 4362. If a majority of the votes polled are in favor of annexation, the County Clerk must forth with notify Ordinance approving such annexation. Order of Supervisors, etc. Expenses of election, how paid. Certified copy of transmitted to Secre the Mayor or other chief officer of the city thereof, who must without delay present the same to the Council or other municipal legislative authority of the city, who must by ordinance approve or disapprove of such annexation, and report the same to the Board of Supervisors. SEC. 4363. The Board of Supervisors upon receiving the report must by ordinance declare the territory described in the petition and the inhabitants thereof annexed to the city, and thenceforth the territory and inhabitants are a part of the city and subject to all its laws, ordinances, and regulations, and entitled to all the benefits, advantages, and privileges pertaining thereto as though originally included in its corporate limits. SEC. 4364. If the annexation is completed as herein provided, all expenses of the election must be paid by the city, in the same manner as other election expenses are paid; if it fails by reason of a majority of the votes at such election being against annexation, or the rejection. of the same by the municipal authorities, the expenses must be paid by the parties to the undertaking; and in case of their neglect or refusal to pay the same an action must be brought by the District Attorney of the county, in the name of the people of the State of California, upon such undertaking, to compel the payment thereof. SEC. 4365. On the passage by the Boards of Superorder to be visors of the ordinance of annexation, the Clerk of the Board must transmit certified copies thereof to the Secretary of State and the County Recorder, to be filed in their respective offices. tary of State and County Act to fix time of the first election. First election, when and how held. SEC. 4366. The Act of the Legislature declaring a city to be a "municipal corporation" must fix a day for the first election of city officers, and fix the number of members of the "Common Council" to be elected for the first year. SEC. 4367. Notice of the first election of city officers. must be given by the County Judge of the county, by publishing the same in a newspaper published in the city for four weeks successively, designating the officers to be elected, the polling places, and the officers of election. The returns must be made to the County Judge, who must count and declare the vote, and issue certificates of election. city SEC. 4368. The qualified electors of the city who have who are resided within the city limits for thirty days next pre- electors. ceding the election are qualified to vote at all city elections. SEC. 4369. The Common Council must during the first year, by ordinance, fix the term of office of all elective officers and the time when they must be elected, and provide for the appointment of other necessary officers, including Assessor and Collector of Taxes, City Clerk, City Attorney, and Treasurer, and fix their terms and amount of their bonds. Officers,, tions, and terms, elec appoint ments. of a city. SEC. 4370. The elective officers of cities are: A Mayor, Officers a Marshal, a Police Judge, and a Common Council consisting of not less than three members. They must be electors of the city, and qualify by taking the statutory oath of office, and except the first officers elected hold office for a term to be fixed by the Common Council, not exceeding two years. taxes. SEC. 4371. The direct taxes imposed by the Common Direct Council in any one year must not exceed two per centum of the valuation of property within the city. SEC. 4372. Whenever it becomes necessary for the city to take private property for the purposes of laying out or altering streets or alleys, and the Council cannot agree with the owner thereof as to the price to be paid; the Council may direct proceedings to be taken under Title VII, Part III of the Code of Civil Procedure, to procure the same. Condemprivate nation of property for city use. in office. SEC. 4373. If any person elected to a city office removes Vacancies from the city, absents himself for more than thirty days Official oaths and bonds. Other sections without leave from the Council, or fails to qualify within ten days after election, his office is vacant. Stats. 1850, Sec. 33. SEC. 4374. All city officers, before entering upon their duties, must take the oath of office. The Marshal, Attorney, Clerk, Assessor, and Treasurer must also give a bond, with sureties to be approved by the Mayor, payable to the corporation by its corporate name, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their office; and a like bond may be required of any officer whose office is created by an ordinance. Should the bond of any city officer become insufficient, he may be required to give additional bond; and upon his failure so to do his office must be deemed vacant. Stats. 1850, Sec. 30. SEC. 4375. The provisions of Secs. 89, 90, 91, 92, 93, 94, applicable and 95, of Chapter I, Title II, of this Part, are applicato cities. ble to cities. NOTE.-The sections applicable are in relation to creating a municipal debt. Executive officers of a city. CHAPTER II. EXECUTIVE POWERS. SECTION 4385. Executive officers of a city. 4386. Powers of Mayor. 4387. Accounts and demands, how audited and paid. 4389. Duties of City Marshal. 4390. Duties of Assessor. 4391. Duties of City Attorney. 4392. Duties of Treasurer. 4393. Duties of Clerk. SEC. 4385. The executive officers of a city are the Mayor, Marshal, and such officers for the assessment, collection, auditing, safe keeping, and disbursing the revenue |