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CHAP. L.- An Act to amend an Act entitled an Act to reincorporate the City of Vallejo, approved March twenty-seventh, eighteen hundred and seventy-two; also, to amend an Act entitled an Act to amend an Act entitled an Act to reincorporate the City of Vallejo, approved March twenty-seventh, eighteen hundred and seventy-two, approved March thirteenth, eighteen hundred and seventy-four.
[Approved February 5, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section forty-seven of an Act entitled an Act to reincorporate the City of Vallejo, approved March twentyseventh, eighteen hundred and seventy-two, is hereby repealed.
Sec. 2. Section four of an Act entitled an Act to amend an Act entitled an Act to reincorporate the City of Vallejo, approved March twenty-seventh, eighteen hundred and seventy-two, approved March thirteenth, eighteen hundred and seventy-four, is hereby amended to read as follows: Section 49. The City Marshal, in addition to the duties required by Duties of the Board of Trustees, must perform all the duties of Col- City lector of city taxes, licenses, assessments, and road poll-taxes; for the purpose of collecting all taxes and assessments, the City Marshal is hereby invested with all the powers conferred by law on the Collectors of State and county taxes. He must arrest all persons guilty of violating any city ordinance, and take them before the proper magistrate for trial. The road poll-tax ordered to be collected within the limits of said city shall be collected by the City Marshal, and paid into the city treasury, to be expended within said limits for street purposes. For the purpose of collecting said road polltax, the City Marshal is hereby invested with all the powers now conferred by law upon County Assessors for the collection of poll-taxes. All remedies provided by law for the collection of State and county taxes, and State poll-taxes, shall apply to and be in force for the collection of said city taxes and road poll-taxes, except that all sales of property for delinquent city taxes shall be made in front of the City Hall, in the City of Vallejo.
SEC. 3. This Act shall take effect and be in force from and after its passage.
Marshal. to issue bonds.
CHAP. LI.-An Act to provide for the building and furnishing
a Court-house, offices, and jail in Tulare County, and for improving the Court-house grounds.
[Approved February 7, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: Supervisors SECTION 1. The Board of Supervisors of Tulare County
are hereby authorized and directed to issue the bonds of the county to an amount not exceeding seventy-five thousand dollars, all bonds to be payable twenty years from the date of their issuance, with interest at the rate of ten per cent. per annum, payable annually on the second Monday in January in each year, both principal and interest to be made payable in United States gold coin only. The bonds shall be issued in denominations of five hundred dollars each, and shall be signed by the Chairman of the Board of Supervisors, and the County Clerk. Interest coupons shall be attached, signed in like manner. The Supervisors shall issue twenty thousand dollars of the bonds within sixty days after the passage of this Act, and shall issue the remaining amount of fifty-five thousand dollars of the bonds from time to time, at such times as shall be necessary to provide funds for the progress of the construction of the Court-house and jail provided for in this Act, and for the payment of claims to become due therefor. All bonds issued under the provisions of this Act may be paid and discharged by said county at any time after ten years from their respective dates, which right of payment and discharge shall be
specified in each bond. County
SEC. 2. The bonds and coupons shall be payable at the Treasurer to office of the County Treasurer, and when any coupons are and coupons. paid they shall be detached and canceled by the Treasurer
in the same manner as county warrants are canceled by him, and they shall be deposited by him with the County Auditor, on making his monthly settlement with the County Auditor, which he is required hereby to make on the first Monday of every month, and the County Auditor shall give him a receipt therefor.
SEC. 3. The bonds shall bear the date of their issuance, and the first coupon shall be for interest from such date up to the second Monday of January next succeeding.
SEC. 4. For the purpose of paying the interest on the bonds the Supervisors shall, at the time of levying the county taxes for each year, levy a special tax on all property in the county sufficient to pay the interest on all bonds then outstanding, as the same shall fall due. The special tax thus levied shall be assessed and collected as other county taxes are assessed and collected, and be set apart as a special fund, to be known as the “Court-house Bond Interest Fund," and out of this fund the coupons on the bonds shall be paid as
they fall due. Deficiency. SEC. 5. If such special tax shall at any time be insufficient
Dates of coupons.
to pay the coupons due, the County Treasurer shall make up the deficiency out of the Current Fund of the county. If the amount realized from the Special Fund exceeds the amount required to pay the coupons, the Board of Supervisors must transfer such surplus to the Current Fund.
SEC. 6. In and for the year eighteen hundred eighty- Redemption six, and each year thereafter, until the whole of the bonds Fund. are paid, the Board of Supervisors shall levy and cause to be collected a tax sufficient to pay ten per cent of the whole issue of the bonds, and the tax thus levied and collected shall be set apart as a special fund, to be known as the Courthouse Bond Redemption Fund.
SEC. 7. Whenever there shall be one thousand dollars or Notice of more in such Redemption Fund, the Treasurer shall cause a of bonds. notice to be published once a week for four successive weeks in some newspaper printed in the county, or in the City and County of San Francisco, which notice shall state he is prepared to redeem, on a day to be stated therein, bonds to the amount of the moneys in the Redemption Fund, and that until such day at twelve o'clock m., he will at his office receive sealed proposals for the surrender of bonds issued under this Act. Immediately after the hour specified he shall, in the presence of the County Clerk, open all such proposals, and shall redeem such bonds as may be offered at the lowest figure; but no bid above par shall be accepted. If no bid be put in at par or less, or if a sufficient amount of bonds be not offered to absorb all the moneys in the Redemption Fund, then bonds to the amount of the moneys in such fund shall become due and payable in the order in which they were numbered, and the Treasurer shall give notice in like manner as above provided for, which notice shall state that such bonds have become due, and all interest thereon shall cease from and after thirty days from the first publication of such notice, and from and after the expiration of thirty days from the first publication of said notice said bonds shall cease to bear interest.
SEC. 8. Within forty days after the issuance of any bonds Sale of the Board of Supervisors shall sell the bonds so issued to the bonds, highest bidder or bidders therefor, in accordance with the provisions of this Act; provided, that no bid of less than eighty per cent. of the par value of the bonds shall be accepted.
SEC. 9. At least forty days notice shall be given of the time and place of such sale, by publication in two newspapers sale. printed and published in the City and County of San Francisco, and one newspaper printed and published in Tulare County. Said bonds shall be sold for United States gold coin, and for not less than eighty per cent of their par value, which shall be specified in the notice above provided for.
SEC. 10. Bids for the purchase of the bonds shall be made Proposals for in writing and inclosed in a sealed envelope, and shall be purchase of received until twelve o'clock M., on the day of sale. After that hour, but on the same day, the Board of Supervisors shall meet and open such bids, and shall award the bonds to the person bidding the highest price therefor, but no bid
Proceeds of sales of bonds.
shall be considered unless the bidder shall have, before it is opened, deposited with the County Treasurer of said county ten per centum of the amount of his bid as security for the payment of the amount bid by him, should his bid be accepted. Within ten days after the acceptance of such bids the Board shall receive from the bidder the amount bid, and shall deliver to him the bonds purchased. If no bidder attend on the day fixed for the sale of the bonds, or if from any cause the sale of such bonds shall not be made on said day, then the Board of Supervisors may again advertise for bids in the same manner and for the time above provided, and shall award the bonds in all respects as herein before provided; but in all cases, the Board of Supervisors shall have power to reject any and all bids.
SEC. 11. All moneys derived from the sale of the bonds shall be immediately paid in to the County Treasurer of Tulare County, and the County Treasurer shall give duplicate receipts therefor, one of which receipts he shall deliver to the Chairman of the Board of Supervisors, and the other of which he shall file with the County Auditor, who shall charge the Treasurer with the amount thereof.
SEC. 12. The County Auditor and Treasurer shall each keep an account of the bonds issued, and the moneys received and disbursed under this Act.
SEC. 13. All moneys derived from the sale of the bonds shall be set apart as a “ Court-house Building Fund,” and shall be applied, laid out, and expended in the building and constructing a Court-house with jail, in the City of Visalia, in Tulare County, said building to be erected in the present Court-house Square, and the necessary county offices in and for said county, and furnishing the same, and improving the Court-house grounds.
SEC. 14. The Board of Supervisors shall, fifteen days after receiving notification of the passage of this Act, at a special or regular meeting, cause to be published in a weekly newspaper in said county, for at least thirty days, a notice to receive plans and specifications for the construction of a Court-house with jail at Visalia, the present county seat of said county, the Board of Supervisors reserving to themselves the right to reject any and all plans and specifications presented for the construction and erection of said building. If any plan and specification presented to the Board of Supervisors by any skillful architect shall be accepted, said Board of Supervisors shall allow such architect the sum of three hundred dollars as compensation therefor, payable out of the General Fund of the county.
SEC. 15. The Board of Supervisors shall, as soon as practo advertisela ticable after the first sale of bonds, proceed with the erection for building and construction of the building contemplated by this Act;
and for that purpose shall have full power and authority to do and perform all acts and things which may be requisite or necessary to carry out the provisions of this Act; but the contracts for the erection of the building shall be let to the lowest bidder, after public notice of such letting given by publication in at least three newspapers printed and pub
Plans and specifications.
lished in this State, for at least thirty days; the security for the faithful performance of such contracts to be approved by the Chairman of the Board of Supervisors. The building shall be completed within twelve months from the date of the issuance of the first bonds, and shall be constructed in conformity with the plans furnished by the architect.
SEC. 16. All payments for costs and expenses of carrying Defraying this Act into effect, including the costs of plans and specifi- expenses. cations, architect's fees, and for construction and furnishing the Court-house, offices, and jail, and improving the Courthouse grounds, shall be paid by warrants drawn on the Court-house Building Fund of the county; and until the Court-house, offices, and jail are completed and furnished, and grounds improved, none of the last-named fund shall be applied to any other purpose.
SEC. 17. Any surplus on hand in the Court-house Build- Surplus ing Fund after the Court-house, offices, and jail is con- moneys. structed, furnished, and paid for, and Court-house grounds improved, shall be transferred to the Current Fund of the county
SEC. 18. The building constructed under the provisions Liens. of this Act shall not be subject to the lien of any contractor, sub-contractor, mechanic, lumberman, laborer, or other person whatsoever, for any labor, materials, or other things furnished in the erection or construction of the building.
Sec. 19. The District Attorney of said county shall, im- District mediately after awarding the contract to any person or per- duty.
Attorney's sons to build said Court-house, offices, and jail, as provided in this Act, draw up the contract in writing, made and entered into for the construction of said public building aforesaid, who shall be paid a reasonable compensation for his services, not to exceed twenty dollars.
SEC. 20. Each and every officer named in this Act who Penalties for shall neglect or refuse to perform any and all duties required neglect. of him by this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than two hundred dollars, and not more than one thousand dollars, and removed from office.
SEC. 21. The Board of Supervisors shall, within ninety sale of old days after the passage of this Act, after due notice by public Court-house. advertisement, sell to the highest bidder, for the benefit of said Court-house Building Fund, the old Court-house and jail of said county; and after such sale, and during the construction of the new Court-house, with jail, the said Board shall provide suitable offices for the several county officers, as near as practicable to the said Court-house Square.
SEC. 22. The old Court-house shall be immediately Removal of reinoved by the purchaser thereof. The old jail shall not be delivered to the purchaser until after the completion of the new building, but shall be moved at such a distance as not to impede the construction of the new building, and shall be used as a jail during such construction, but shall immediately thereafter be removed by the purchaser.
SEC. 23. All Acts and parts of Acts in conflict with this Act are hereby repealed.