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able for the public meetings of the Board of Trustees, and for markets, schools, and prisons; provided, that the amount expended for the construction of buildings shall not exceed four thousand dollars in any one year; and provided further, that the amount expended for leasing shall not exceed one thousand dollars in any one year.
Twenty-fifth-The Board of Trustees shall have power to order, at the general municipal election, on like notice and in the same manner as the other officers are elected, one or more Justices of the Peace, and one or more Constables, to hold office for one year and until their successors are elected and qualified. Twenty-sixth-To pass all ordinances and by-laws necessary
and proper for fully carrying into effect the power herein granted.
Twenty-seventh-They shall fix by ordinance, each year, the rate per cent. of taxes to be levied and collected for current expenses; provided, that no tax to be levied for any one year shall exceed one per cent. on all the taxable property in said town.
Sec. 10. The Board of Trustees may, by ordinance, desigfix penalties, nate the punishment to be inflicted for the breach of their
ordinances, which punishment may be fine or imprisonment, or both, as said Board may designate. No fine exceeding one hundred dollars, nor imprisonment exceeding thirty days for any one breach of any ordinance, shall be imposed on any one person. Any Justice of the Peace residing within the limits of said town shall have jurisdiction to hear and try all cases for the violation of ordinances, and to render a judgment of fine or imprisonment, or both, within the limits prescribed by the ordinance. All suits for the violation of any ordinance shall be in the name of the people of the State of California. Fines may be collected by execution. In case judgment directing the payment of a fine be rendered, the Justice may further direct that in case the defendant fail to pay the same, he shall be imprisoned until the same be paid,
not to exceed one day for every two dollars of the fine. PerJurors, who sons living within the limits of the town shall be competent
jurors, if in other respects competent and qualified. All fines collected under this Act shall, by the officers collecting the same, be paid over to the Town Treasurer, and for any omission so to do, such officer may be proceeded against upon his official bond, in the name of the town, in the manner authorized on the failure of officers to pay over money collected when so required. Said Justice must also add costs of suit to the fine.
SEC. 11. Article One-Whenever a petition shall be prepetitions for
sented to the Board of Trustees of the Town of Hayward, signed by twenty resident owners of real estate in said town, to open any street already established and sought to be extended, or open any new street, it shall be the duty of said Board to examine into said matter, and if, in the opinion of four-fifths of all the members elected to said Board, to be expressed by a resolution to be entered upon their minutes, with the names of members voting therefor, that the con
Opening of streets,
venience of the public will thereby be promoted, they may, by resolution, direct an engineer to furnish a map of the said proposed improvement, and of the premises to be affected thereby, a copy of which resolution shall forthwith be transmitted by the Clerk of the said Board to said engineer.
Article Two-It shall be the duty of said engineer, upon Engineer to receiving such notice, to proceed and survey the said proposed improvement, to make a map thereof, showing the location, boundaries, the amount of land necessary to be taken, and the names of the owners and possessors thereof, showing the portion owned and possessed by each, and return the same to the Board of Trustees within ten days after the receipt of said resolution by him, unless longer time shall be granted by said Board.
Article Three-Upon receiving said map and return from Board to said engineer, the said Board shall forth with give notice, of publish not less than five days, by publication in a newspaper, if hearing. there be one published within said town; if there be no newspaper published in said town, then by posting notices at the place of meeting of said Board, and at three other public places in said Town of Hayward, of the time and place where they will hear all parties desiring to show cause against said improvements. At the time and place designated in such notice, or at such subsequent time as the Board may adjourn to, but such adjournment shall not in the aggregate exceed seven days, the Board shall proceed with such hearing.
Article Four-If no objection be made, or if, after hearing Commissionthe objections thereto, the Board shall remain of the opinion that such improvement should be made, they shall elect by benefits. ballot three Commissioners, residents and property owners in said town, not interested directly or indirectly in the proposed improvements, or in the property to be affected thereby, to assess the damages and benefits to be caused by said improvements. Within two days thereafter said Commissioners shall give notice of time and place where they will proceed to examine the property to be affected by such improvements, by an advertisement for three days in a newspaper published in said town, if there be a newspaper published therein, and if not, by posting notices at the place of meeting of the Board, and at three other places in said town. At the time and place named they shall proceed to examine the lands and improvements to be affected by the proposed improvements, and shall first ascertain the amount of damages to be sustained, the names of the owners of the property to be damaged, and the amount to be paid to each of the owners therefor. They shall then assess upon the property Damages to be benefited by such improvement a sum sufficient to poor to pay the whole amount of said damages, and the fees and tioned. expenses of said Commissioners, and shall apportion the same among the owners of the several parcels of property to be thus benefited, in proportion to the amount of benefits to accrue to each. In making such estimate and apportionment they shall take all pertinent testimony that may be offered them, and may examine any witness that they shall deem
ers to assess dainages and
Board to levy tax on property benefited.
Collection of tax.
it necessary or advisable to call, and shall have authority to administer oaths to all persons testifying before them. Within twenty-one days after the apportionment, unless further time be granted by the Board of Trustees, they shall make a report to the said Board of all assessments and awards so made by them, with the names and amounts of the persons damaged or benefited as aforesaid.
Article Five Upon receiving such report, said Board may, by ordinance, levy a tax upon the several parcels of property reported as benefited by said improvement, for the amounts severally charged against each in said report, which tax shall be a lien on said several parcels of property severally, and shall not be removed until said tax is paid. Immediately after levying such a tax they shall give notice thereof by advertisement, requiring the owners of the property taxed to pay the amounts severally due from each to the Town Marshal, within ten days from the first publication of said notice. At the expiration of said ten days they shall issue to the Town Marshal a warrant, to be signed by the President and Clerk, commanding him to levy and collect all of the said tax that shall then be unpaid, with his fees for collection, from the property upon which the same is a lien as aforesaid, and shall thereupon deliver the same to said Marshal.
Article Six-Upon receiving said warrant the Marshal shall proceed to collect so much of said tax as is unpaid, by levy upon and sale of the several portions of property upon which said unpaid tax is a lien, in the same manner and with the same authority as sales on execution for Sheriffs, and return said warrant, with his doings thereon, within thirty days after the receipt thereof by him. If, for any reason, the whole amount thereof shall not be collected, said Board may issue, with like effect, a subsequent warrant or
warrants until all be collected. Payment of Article Seven-As soon as money enough for the purpose is
„received from said tax, said Board shall direct the Marshal to pay or tender to each party to whom damages have been awarded the sums severally due them, and thereupon to proceed forth with and open said street or other improvement; and the same shall thereupon be deemed to be open to public use for the purpose and to the extent in the original resolution prescribed. If any person or party entitled to damages cannot be found by said Marshal, he shall deposit the amount due to them in the town treasury as a special deposit, subject to their order; and the same shall be deemed a sufficient payment under this Act. The money so deposited shall not be drawn or used for any other purpose whatever.
Article Eight-All moneys collected under this Act shall be paid into the town treasury as a special fund for the purpose for which they were collected, and shall not be drawn out or used for any other purpose whatever.
Article Nine-The engineer aforesaid, and the Commissioners to be appointed as herein prescribed, shall each have the right to go in or upon any property for the purpose of making the survey and examination above mentioned, or
Compensation of Engineer and Commissioners.
curbing, etc., power of
for any other purpose necessary in the discharge of their duties under this Act. Said Commissioners shall each be entitled to three dollars for the first day, and two dollars for each subsequent day, devoted to their duties as such Commissioners; and they shall not receive any other fees or compensation for such services.
Sec. 12. The Board of Trustees of the town shall have Grading, power and are hereby authorized to order the whole or any portion of the streets, lanes, alleys, places, courts, and public Trustees grounds of the town graded or regraded, curbed or recurbed, macadamized or remacadamized, paved or repaved, and to order sidewalks, cross-walks, culverts, sewers, cess-pools, manholes, and hydrants constructed therein, and to order any other work done which shall be necessary to make and complete and keep the same in good repair, and to order the streets and sidewalks and public grounds kept free from grass and weeds, and to order shade trees planted and taken care of along the line of the streets and in the public grounds, and the costs of making such improvements shall be made a lien upon the lots and land fronting upon the streets where such improvements shall be made and contiguous thereto, as specified in the succeeding sections of this Act.
SEC. 13. Article Ome—The Board of Trustees may order Ordering any of the work authorized by section twelve of this Act to work, be done, and furnish plans and specifications for the same, after notice of their intention so to do, in the form of a resolution describing the work, and signed by the Clerk of said Board, has been posted on three town bulletin boards for at least five days, and by one insertion in some newspaper, if there be one published within the town. After posting, and before the expiration of such notice, all owners of lands and lots or portions of lots fronting on said improvements, who may have objections to any of the subsequent proceedings of the said Board in relation to the work mentioned in such notice of intention, may file with the said Clerk a remonstrance, wherein they shall state in what respect they feel aggrieved, or the proceedings to which they object; such remonstrance shall be passed upon by said Board, and their decision shall be final; but if such remonstrance shall represent three-fourths of the frontage on the proposed improvements, and shall have been filed with the said Clerk previous to the expiration of said notice, then it shall be a bar to any further proceedings in relation to said work for a period of six months, unless the owners as aforesaid shall sooner petition for the same to be done; provided, that one-half or more in width or in length of any street lying and being between two street crossings have been already improved, said Board may order the remainder improved, notwithstanding the objection of property owners fronting thereon.
Article Two-When the Board of Trustees shall have Proposals, ordered improvements made, as provided in the preceding Board to article, if they deem it best, they may set a time in which the owners or occupants of lands and lots fronting on the street where the improvements are ordered made, may make the same in front of their respective lots and premises, in accord
Marshal to make contract.
ance with the plans and specifications furnished therefor by said Board. But if, in the judgment of the Board, they shall deem it best, they shall cause notices, signed by the Clerk, to be posted forthwith on three town bulletin boards, for at least five days, and also be inserted one time in some newspaper, if there be one published within the town. Said notice shall describe the improvements to be made, and the time within which sealed proposals will be received by said Clerk for the
making of said improvements, in accordance with the plans Awarding of and specifications therefor. At the time specified in said
notice, the Board of Trustees, in open session, shall open and examine all bids which shall have been received by the Clerk, and publicly declare the same, and award the work to the lowest responsible bidder; provided, they may reject any or all bids, as the public good may, in their opinion, require; and, also, the bid of any party who may have proved delinquent or unfaithful in any former contract with the town; and if all bids are rejected, the Clerk shall readvertise, as aforesaid.
Article Three— When the Board of Trustees shall have awarded the making of any improvements, as aforesaid, it shall be the duty of the Town Marshal to forthwith enter into a contract with the successful bidder for the making of the improvements, as advertised for, and according to the plans and specifications therefor, and at the price named in the award of said Board; said contract to specify the rate per front foot, and the cost of each separate street crossing, including all work, the full width of both streets in said crossings; and all contracts made therefor must contain this condition and express notice, that the town will in no case
be liable for any portion of the expense, nor for any delinContractor's quency of persons and property. Said Marshal shall require
of the contractor a good and sufficient bond for the comple: tion of the work, as specified in the said contract; said bond to be approved by the said Board of Trustees.
Sec. 14. Article One-The expense incurred for any work authorized by section thirteen of this Act shall be assessed upon the lots and lands fronting thereon, except as hereinafter specially provided; each lot or portion of a lot being separately assessed in proportion to its frontage, at a rate per front foot sufficient to cover the total expenses of the work, except as provided in the succeeding articles of this section; and provided, also, that the Board of Trustees may, in their judgment, order a portion of the expenses paid out of the town treasury, and the balance assessed as aforesaid. · Article Two-The expense of the work done on street crossings shall be assessed upon the four quarter blocks adjoining and cornering upon said crossing, and each lot or portion of a lot fronting upon both such streets shall be separately assessed in proportion to its frontage on one or both streets, at a rate sufficient to cover the total cost of said crossings.
Article Three-When a street terminates in another street, the expenses of work done on one-half the width of the street adjoining the termination shall be assessed upon the two quarter blocks cornering on the same, according to the front
Expenses. how assessed.