Order of Supervisors, etc. Expenses of election, 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. 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. 4364. If the annexation is completed as herein how paid. 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. Certified copy of transmit 4365. On the passage by the Boards of Supervisorder to be ors of the ordinance of annexation, the Clerk of the Board must transmit certified copies thereof to the and County Secretary of State and the County Recorder, to be filed ted to Secretary of State Recorder. in their respective offices. NOTE. This and Secs. 4358-4364, inclusive, were suggested by the Act of February 1, 1872, following, and its provisions were incorporated herein. This Title not being in force with regard to any incorporated city or town until by legislative enactment it is brought in under it, the Act from which they are taken is given in extenso. The Legislature has the constitutional power to create but one kind of a corporation: that is a "municipal corporation"-all others must be formed under general laws; when a city exists under this Title, the general provisions here for annexing territory to it will govern, until such time as the Act following governs. Stats. 1871-2, pp. 50-52. An Act to enable the inhabitants of territory adjacent to any city in this State to annex the same thereto. [Approved February 1, 1872.] [Enacting clause.] SECTION 1. Whenever the inhabitants of any portion of territory in the same county and adjoining the boundary of any incorporated city or town in this State shall desire to be annexed to and become incorporated with said city or town, they may present a petition therefor to the Board of Supervisors of the county. Said petition shall be signed by at least ten taxpayers of the territory proposed to be annexed; shall contain an accurate description of such territory; shall pray said Board to order an election as hereinafter provided, and shall be accompanied by an undertaking in the sum of five hundred dollars, with sureties satisfactory to said Board, conditioned for the payment of all the expenses of such election, in case a majority of the votes at such election shall be against such annexation, or the same shall otherwise fail, as hereinafter provided. SEC. 2. Immediately upon receiving such petition and undertaking, it shall be the duty of said Board of Supervisors to order an election to be held in the territory proposed to be annexed, on a day not less than ten nor more than thirty days thereafter, at a place within said territory to be specified in the order, to determine whether said territory shall be annexed to said city or town. They shall give notice of such election by advertisement in two newspapers that they shall deem most likely to give such notice to all parties to be affected thereby, and shall provide, in the same manner as for a general election, for the holding thereof, and all laws relating to the conducting of general elections shall apply, so far as applicable, to such special elections, and all persons entitled to vote at general elections and who have been bona fide residents of the territory proposed to be annexed, from the time of the first presentation of such petition to the Board of Supervisors and yet continue such residents, and none others, shall be entitled to vote thereat; provided, that whenever the territory which it is proposed to so annex consists of the whole or a portion of an incorporated city or town, such vote shall be by the electors of the whole of said incorporated city or town. The ballots at said election shall be substantially in the following form: "Annexation to (naming the city or town), Yes." "Annexation to (naming the city or town), No." SEC. 3. Immediately after the close of said election it shall be the duty of the Inspector to canvass the votes and to make a certificate of the result, and return the same, with the poll lists and ballots, without delay, to the Clerk of the Board of Supervisors. If a majority of the voters at such election shall have voted in favor of such annexation, it shall be the duty of the Clerk forthwith to give notice thereof to the Mayor or other chief officer of such city or town, whose duty it shall be, without delay, to present the same to the Council or other municipal authority of said city or town. The said Council or other municipal authority shall thereupon, by ordinance, approve or disapprove of such annexation, and shall transmit a copy of said ordinance to said Board of Supervisors. SEC. 4. It shall be the duty of the Board of Supervisors, upon receiving a copy of said last mentioned ordinance approving said annexation, forthwith, by ordinance, to declare the territory described in said petition annexed to said city or town; and thenceforth the said territory shall be a part of said city or town, and be subject to all the laws, ordinances, and regulations thereof, and be entitled to all the benefits, advantages, and privileges pertaining thereto, the same as if it had been originally included in the corporate limits of said city or town; and all laws or ordinances before applicable to said territory, or that if enforced would conflict herewith or with the jurisdiction of said city or town over said annexed territory, so far as they apply to said territory, are hereby repealed. SEC. 5. If the said annexation shall be completed as herein provided, all the expenses of said election shall be paid by said city or town in the same manner that other election expenses are required by law to be paid therein. If the same shall fail by reason of a majority of the votes at such election being cast against such annexation, or the rejection of the same by the municipal authorities of said city or town, said expenses shall be paid by the parties to the undertaking above mentioned; and in case of their neglect or refusal to SEC. 6. Immediately upon the passage by the Board SEC. 7. All laws or parts of laws that conflict herewith, so far as they so conflict, are hereby repealed. SEC. 8. This Act shall take effect immediately. The question has been asked whether the election here is to be holden under the general election law of the Codes. There can be no doubt of it from the reading of Sec. 2 of this Act with Sec. 4361, ante, of this Code. The Code section is taken from the statutes, and the Code section makes the Code election provisions applicable. 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. NOTE.-See note to Sec. 4356, ante. 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. NOTE.-See note to Secs. 4356 and 4366, ante. city electors. 4368. The qualified electors of the city who have Who are resided within the city limits for thirty days next preceding the election are qualified to vote at all city elections. Officers, terms, elections, and appointments. Officers of a city. Direct taxes. Condemna tion of private property 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. 4370. The elective officers of cities are: A Mayor, 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. 4371. The direct taxes imposed by the Common Council in any one year must not exceed two per centum of the valuation of property within the city. 4372. Whenever it becomes necessary for the city to take private property for the purposes of laying out for city use. 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. Vacancies in office. Official oaths and bonds. 4373. If any person elected to a city office removes from the city, absents himself for more than thirty days without leave from the Council, or fails to qualify within ten days after election, his office is vacant. NOTE.-Stats. 1850, p. 91, Sec. 33. 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 |