award con

mon Council may, by ordinance, direct that said street be so sprinkled and watered; and the Commissioner of Streets shall thereupon proceed to advertise for proposals to perform said work, in such manner as is in said ordinance provided, and let a contract, subject to the approval of the Mayor and Street ComCommon Council, to the lowest responsible bidder, to water missioner to and sprinkle such street, between the points designated, at tract. such times and to such extent as in said ordinance provided; and said Commissioner of Streets shall assess upon the property fronting on the street or portions of streets thus watered or sprinkled, in proportion to its frontage on such streets or portions of such streets as said frontage bears to the whole length of street sprinkled or watered. The costs of such costs of watering and sprinkling, as provided in the contract, said sprinkling, Commissioner of Streets or his deputy shall collect each lected. week from such property holders; and in the event of the refusal or neglect of such property holders to pay said sums, when so demanded, said Commissioner of Streets shall commence an action in the name of Salinas City, in any Court of competent jurisdiction, and shall, in addition to such assessment sued for, and the costs of suit, recover ten dollars counsel fees in each case, and from the sums thus collected and recovered shall pay to the party watering said street the amount of the assessment due from the party under said contract, for sprinkling the street.

how col

Superintend

of.

SEC. 25. The Mayor and Common Council shall have Sexton and power, and it is hereby made their duty, to appoint some ent of Cemesuitable person Sexton and Superintendent of such cemetery tery, duties as may hereafter be established for the purposes of the city, who may be removed by the Mayor and Common Council at will. Such Sexton and Superintendent shall have power to make arrests of persons who may trespass upon the cemetery grounds, or be found guilty of violating any of the laws or rules for the protection and government of said cemetery or cemeteries as prescribed by ordinance or resolution of the Mayor and Common Council. The Mayor and Common Council shall have power to make all needful laws and regulations for the government of said cemeteries. They shall, in such laws, particularly set forth the duties of the Sexton and Superintendent, and provide for his compensation.

ney, Survey

pointment

SEC. 26. The Mayor and Common Council, when, in their City Attoropinion, the public good so requires, shall appoint a City or and EnAttorney, and also a City Surveyor and Engineer, each of gineer, apwhom may be removed at the pleasure of the Mayor and of Common Council; the duties and compensation of each of said officers to be prescribed by the Mayor and Common Council.

streets.

SEC. 27. The Mayor and Common Council of Salinas City Opening and shall, upon the presentation of a petition for the opening of widening of any new street, or for the extending or widening of any street, in said city (which petition shall have been signed by the owners of two-thirds of the frontage on said street therein proposed to be opened, widened, or extended, provided that no part of any street shall be widened except to a uniform width with the whole street, or whenever said Mayor and

Publication

of notice.

Condemna

tion of lands.

Drainage and sewerage.

Same.

Common Council shall deem the opening or extending of any street a public necessity), direct, by ordinance, the City Surveyor to make an accurate survey of any such proposed street or streets, and return the same to the Common Council at its next regular meeting, or within such time as the Common Council shall, by ordinance or resolution, direct; and, for the purpose of making such survey, the Surveyor shall have the right to enter upon any and all lands; but the city. shall be liable to the owner or owners for any injury done to any such premises by reason of such entry.

SEC. 28. If the Mayor and Common Council approve the survey provided for in the preceding section, the City Clerk shall give notice, by publication in some newspaper published in Salinas City, for the period of ten days, directed generally to all persons interested, setting forth that a survey of such proposed street or streets, and such order approving such survey, have been made, and that unless the owners of all lands included within the lines of said street as proposed to be opened or extended shall, within thirty days after the first publication of said notice, make, execute, and deliver to Salinas City a deed or deeds of donation of such lands, proceedings will be instituted for the condemnation of the same.

SEC. 29. If, at the expiration of said thirty days, any one or more of the owners or claimants of any lands within the line of the streets so proposed to be opened, widened, or extended shall have neglected or refused to make, execute and deliver deeds of donation therefor, proceedings shall be instituted in the name of Salinas City against such person or persons, under the provisions of Part Three, Title Seven, of the Code of Civil Procedure, for the purpose of condemning such lands to the use of the city as a public street; provided, that benefits resulting to the land remaining may be offset against the value of the land actually taken, as also against any damages resulting to such adjacent land from such improvement.

SEC. 30. In order to provide for the necessary and proper drainage and sewerage of Salinas City, the Mayor and Common Council of said city are hereby authorized to procure the right of way, by purchase or condemnation, for such main and lateral sewers or drains as they may deem proper for the sewerage and drainage of said city; such rights of way may thus be secured through lands within the corporate limits and also when required through lands adjacent to and without said city.

SEC. 31. The Mayor and Common Council of Salinas City shall, whenever they deem the widening, straightening, or deepening of any stream, slough, or natural channel, a public necessity for sewerage, drainage, or other purposes connected with the sanitary condition of said city, a public necessity, direct by ordinance a survey of said stream within such time as shall be directed by said ordinance, and said survey shall be accompanied with a report and diagram map showing the location of said stream, slough, or channel, and the proposed alterations thereof, and whenever, in the opinion of said Common Council, the public exigency requires,

such improvement may be made upon such streams, sloughs, or channels without the corporate limits of the city.

condemna

SEC. 32. If the Mayor and Common Council approve the Notice of survey provided for in the preceding section, it is hereby tion of lands made the duty of the City Clerk to cause notice to be pub- for sewerage. lished, for the period of ten days, in some newspaper published in said city, a notice directed generally to all persons interested, setting forth that said survey, and the order approving the same, have been made, and that unless the owners of all lands included within the lines of said survey shall, within thirty days after the first publication of said notice, make, execute, and deliver a deed or deeds of donation to Salinas City of the lands included in such survey, and required for such work of improvement, proceedings will be instituted for the condemnation of the same.

ers.

SEC. 33. If, at the expiration of said thirty days, any one Proceedings or more of the owners or claimants of any lands within the against own lines of the said survey, shall have neglected or refused to make, execute, and deliver deeds of donation therefor, proceedings shall be instituted in the name of Salinas City against such person or persons, under the provisions of Part Three, Title Seven, of the Code of Civil Procedure, for the purpose of condemning such lands as a public necessity; provided, that the benefits resulting to the land remaining may be offset against the value of the land actually taken, as also against any damages resulting to such adjacent land from such improvement.

or.

SEC. 34. The executive power of the corporation shall be General duvested in the Mayor. It shall be the duty of the Mayor to be ties of Mayvigilant and active in causing the laws and ordinances of the city to be duly executed and enforced; to be at the head of the police; to exercise a constant supervision and control over the conduct of all subordinate officers, and receive and examine into all such complaints as may be preferred against any of them for a violation or neglect of duty, and certify the same to the Common Council, and may suspend the function of such officer until the charges preferred against him can be inquired into by the Common Council; to sign all licenses and warrants on the treasury; to administer oaths or affirmations upon any and all matters and business pertaining to said city, and generally perform all such duties as may be prescribed for him by law, or by the city ordinances; to communicate to the Common Council semi-annually, and oftener, if he thinks proper, a general statement of the situation and condition of the city in relation to its government, finances, and improvements, and such recommendations in reference thereto as he may deem expedient.

or, how

SEC. 35. When there shall be a vacancy in the office of Vacancy in Mayor, or the Mayor shall be absent from the city, or from office of Mayother cause may be prevented from attending to the duties filled. of his office, the Common Council shall appoint one of their number, who, as President pro tem. of the Common Council, shall be ex officio Mayor of said city during such vacation, and shall in all respects be legally qualified to discharge the

Salary of

Mayor.

Powers and

duties of City Marshal.

Same.

Compensan

Marshal.

duties of such position; and if such vacancy be so filled for the period of one month, such incumbent shall be entitled to the emoluments of such office for such period of time.

SEC. 36. The Mayor shall receive as a salary such sum per annum as the Common Council may determine, the same to be paid quarterly from the General Fund of the city.

SEC. 37. The Department of Police of said city shall be under the direction of the City Marshal; and, for the suppression of any riot, public tumult, disturbance of the public. peace, or any organized resistance against the laws or public authorities in the lawful exercise of their functions, he shall have the powers that are now or may hereafter be conferred upon Sheriff's by the laws of this State; and his lawful orders shall be promptly executed by deputies, police officers, watchmen, and constables in said city; and every citizen shall also lend him aid when required for the arrest of offenders and maintenance of public order. He shall and is hereby authorized to execute and return all process issued and directed to him by any legal authority; to enforce all ordinances passed by Common Council and approved by the Mayor, or passed by the Common Council in case of the refusal of the Mayor to approve the same, and arrest all persons guilty of a violation of the same; to prosecute before some competent tribunal for all breaches or violations of city ordinances. He shall also have the charge of the City Prison and prisoners confined therein, and all those who are sentenced to labor upon the streets or public works of the city, and shall see that all orders and sentences in reference to such prisoners are fully executed and complied with. SEC. 38. It shall be the duty of the City Marshal, as Commissioner of Streets, to make regular and frequent inspection of all the traveled streets within the city limits, under the direction of the Mayor and Common Council. He shall remove obstructions therefrom, repair bridges and culverts, and make such other needful repairs as such streets may, from time to time, require. He shall also supervise and inspect all work that may be directed by the Common Council in opening, grading, graveling, and improving the public streets within said city; give all necessary notices to property holders or others as to any contemplated opening or improvement of streets. He shall also have general supervision and charge of all public squares, parks, and courts within said city. He shall see that all dead animals and offensive substances are promptly removed from such streets or squares; that the sewers and gutters are in proper order and condition. He shall direct as to the extent and manner in which streets may be excavated for the laying of gas, water, and other pipes, and shall direct the way in which such excavations shall be made or the earth replaced therein; and he shall generally do and perform all acts and duties with reference to the public streets and squares of the city that may be directed by ordinance, or order, or resolution of the Mayor and Common Council.

SEC. 39. The City Marshal shall receive as compensation for his services as City Marshal, Street Commissioner, and

Poundmaster, a sum to be fixed by the Mayor and Common Council. Such compensation shall be paid monthly by warrant on the General Fund. The Marshal and policemen of said city shall charge, collect, and be entitled to receive, in the discharge of their official duties, the same costs or fees which are by law allowed to Sheriffs and Constables for like services, and such costs or fees so received by any of them shall be, by the party receiving the same, within twenty-four hours after the receipt thereof, paid into the city treasury and shall by the Treasurer of the city be placed to the credit of the General Fund of said city.

policemen.

SEC. 40. It shall be the duty of the Marshal and police- Duties of men of said city to execute all process issued by any Jus- Marshal and tice of the Peace of Alisal Township officiating as Police Judge or otherwise, or from other legal authority commanding his services as such officer; and the Marshal shall attend upon the Court officiating as a Police Court, and be in attendance at all meetings of the Common Council, and do and perform such other duties as may be required of him by the Mayor and Common Council. He may also, with the concurrence of the Mayor, when the same may be deemed necessary for the preservation of public order, appoint additional policemen of sobriety and good moral standing in the community, who shall discharge the duties assigned to them for one day only, and shall be entitled to receive pay from the city, not exceeding the compensation of a regular policeman.

Clerk.

to keep cer

and records.

SEC. 41. The City Assessor and Clerk, before entering Bond of Asupon the duties of his office, shall give a bond in the sum of sessor and five thousand dollars, or such greater sum as the Mayor and Common Council may by ordinance direct, conditioned for the faithful discharge of the duties of his office. It shall be Duties as his duty, as City Clerk, to keep a true and correct record of City Clerk; all the business transacted by the Common Council. He tain books shall sign, as City Clerk, and issue to the Collector, license certificates for all branches of business for which a license may be required, and take his receipt for the same. He shall keep a true list of all such certificates issued by him, and the amount of money received by the Collector therefor. He shall countersign all warrants issued by order of the Mayor and Common Council, and signed by the Mayor. He shall notify in writing all persons who may be by the Common Council, sitting as a Board of Canvassers, declared to be elected to office. The City Clerk must keep separately, in large, well bound, uniform and suitable books, an ordinance record, in which shall be entered, in a good, round, legible hand, all ordinances passed by the Common Council and approved by the Mayor of Salinas City, or passed by the Common Council over the veto of the Mayor; and said record shall be signed by the Mayor and countersigned by the City Clerk; a file book, which shall be an alphabetical index, wherein there shall be entered, in chronological order, all bills, communications, and all other original documents filed with said Clerk for presentation to the Mayor and Common Council, and all actions had thereon; an improvement assessment record, in which shall be copied all improvement