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CHAP. CCCXCVII.-An Act to amend an Act entitled an Act
to reincorporate the City of Napa, approved February twentyfourth, one thousand eight hundred and seventy-four.
[Approved March 29, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section two of said Act is hereby amended so as to read as follows: Section 2. The boundaries of said city shall be as follows: Commencing at the northwest corner of Spencer's Addition, on Lincoln Avenue; thence eastwardly along the center of said avenue to Francus Street; thence southwardly along the center of said street to its intersection with Laurence Street, in Cornwell's Addition; thence at right angles eastwardly to Napa River; thence down said river to the center of First Street; thence along the middle of the county road eastwardly and southerly to the south line of East Napa; thence along said south line of East Napa westwardly to the center of Napa River; thence down said river to the south line of Napa Abajo; thence along said line westwardly to the south west corner of said Napa Abajo; thence northerly to the southeast corner of Eaton's land; thence along the south line of said Eaton's land westwardly to the Sonoma road; thence northerly along the center of said road to the Brown's Valley road; thence along the center of said Brown's Valley road westwardly to Ornduff's southeast corner; thence along Ornduff's east line northerly to the center of Napa Creek; thence down said creek eastwardly to the west line of Spencer's Addition; thence northerly to the place of beginning.
SEC. 2. Section three of said Act is hereby amended so as to read as follows: Section 3. The corporate powers of the City of Napa shall be vested in a Board of five Trustees. The officers of said city shall be a Board of five Trustees, a City Treasurer, a City Assessor, a City Clerk, a City Collector, a City Marshal, and a City Attorney. The Marshal shall be ex officio Assessor. The Treasurer shall be ex officio Collector and Clerk. An election shall be held annually, by the qualified electors of the city, on the first Monday in May, for the election of two or three Trustees, a Marshal and ex officio Assessor, and a Treasurer and ex officio Collector and Clerk. Two Trustees shall be elected at the election to be held in May, A. D. eighteen hundred and seventy-six, and two each alternate year thereafter; and three Trustees shall be elected at the election to be held in May, A. D. eighteen hundred and seventy-seven, and three each alternate year thereafter. Three of the present Board of Trustees shall hold office for one year in addition to their present term; said three to be selected by the present Board of Trustees by lot, and said Marshal and ex officio Assessor, and Treasurer and ex officio Collector and Clerk, shall hold their offices for the term of one year and until their successors are chosen and qualified. Any person shall be qualified
Corporate powers, how vested.
to vote for any city officer, or hold any city office, who shall Electors. be a qualified elector under the Constitution and laws of this State, and who shall have resided in the city thirty days next before the election. All elections shall be conducted by three Judges, to be appointed by the Board of Trustees, and they may appoint two Clerks of Election. Should the Judges, or any of them, fail to attend, the electors present may appoint others in their stead. Notice of all elections shall be given by the publication in some newspaper published in the city, at least seven days before such election. All elections shall be conducted in the same form and manner, and according to the laws regulating elections, and returns shall be made by the Judges to the Board of Trustees, with a list of the persons voting at such election, and the ballots cast; and the Board shall, at their first regular meeting after such return, canvass the same, declare the result, and issue certificates of election to the person or persons having the highest number of votes at such canvass. The Recount of Board shall, at the request of any elector, recount the ballots ballots. and declare the result in accordance with such recount; provided, that at such election no copy of the Great Register shall be necessary; but the Judges of Election may require any voter to produce a certificate of registration from the County Clerk; and provided, that the election of Trustees may be contested in the County Court in the manner prescribed by Title Two, Part Three, of the Code of Civil Procedure, the word "city" being substituted for whenever the same is used in said title. In case of a vacancy, arising from any cause in any of the offices made elective by this Act, the Board of Trustees shall order and give notice of an election to fill such vacancy, unless the unexpired Vacancies term of said office shall be less than three months, in which case the Board of Trustees shall, if necessary, fill said office by appointment.
SEC. 3. Section four of said Act is hereby amended so as City Attorto read as follows: Section 4. The Board of Trustees shall ney, etc. appoint a City Attorney, who shall be an attorney-at-law, and all non-elective officers provided for in this Act, and may remove them at pleasure and put others in their place.
SEC. 4. Section five of said Act is hereby amended so Salaries of as to read as follows: Section 5. The compensation of city officers, the officers shall be as follows: The Trustees, each one dollar per annum; the Assessor, Treasurer, Marshal, City Clerk, Collector, and City Attorney, such sum per annum as the Trustees may determine; provided, that the annual compensation so allowed the said officers shall not exceed the following sums, to wit: The Treasurer, as Treasurer and ex officio Collector and Clerk, the sum of five hundred dollars; the Marshal, as Marshal and ex officio Assessor and Collector of poll and dog taxes, the sum of five hundred dollars; the City Attorney, the sum of five hundred dollars. The Fees. Marshal and City Attorney shall, in addition to the sum allowed by the Trustees, receive such fees and commissions as may be provided for them in this Act.
officers to qualify.
General powers of Trustees.
SEC. 5. Section nine of said Act is hereby amended so as to read as follows: Section 9. The Board of Trustees shall cause to be published in some newspaper in the city, all ordinances which shall be certified and signed by the President and Clerk of the Board, and no ordinance shall take effect and be in force until ten days from the first publication thereof; and the President of the Board may, without any order or direction of the Board, cause any ordinance to be enforced, or the violation thereof punished, by an action in the name of the corporation, as hereinafter provided, or otherwise; and in any action or proceeding, either civil or criminal, for a violation or breach of any ordinance of the City of Napa, a copy of such ordinance, published or purporting to have been published by authority, or published or purporting to have been published in the official newspaper of the city, shall be prima facie evidence that such ordinance has been regularly and legally passed and authenticated, and that the provisions of the ordinance are as published, and that such ordinance was published by order of said Board of Trustees at the date when said publication purports to have been made. In case of the absence of the
President at any meeting of the Board, a President pro tem. Neglect of must be appointed. Should any Trustee or other officer
remove from the city, or refuse or neglect to qualify within ten days after his election, or, if a bond is required of him, neglect or refuse for said time to give bond, his office shall become and be declared vacant by the Board.
SEC. 6. Section eleven of said Act is hereby amended so as to read as follows: Section 11. The Board of Trustees are hereby authorized and empowered to enact such by-laws and ordinances, not inconsistent with the Constitution and laws of the United States and of this State, as they may deem necessary or proper in the exercise of the powers herein conferred upon them. The Board of Trustees shall have power:
First-To manage and take care of the property and finances of the city.
Second-To provide for laying out, opening, widening, extending, altering, vacating, working, grading, improving, and repairing streets, avenues, and alleys, and public parks and squares, and for preventing and removing nuisances or obstructions therein, and for acquiring or condemning lands for city purposes and highways, by purchase or by proceedings prescribed by Title Seven, Part Third of the Code of Civil Procedure; provided, that the Trustees shall not vacate any street, avenue, or alley, or portion thereof, without the consent of the owners of at least two-thirds of the frontage on said street, avenue, or alley.
Third-To establish the grade of all streets, avenues, and alleys, and to require and enforce conformity thereto.
Fourth-To provide for the drainage and sewerage of the
city. Fire depart- Fifth-To establish and regulate a fire department, and
provide such means, measures, or materials for the prevention or extinguishment of fires, as they may deem necessary to protect the city from fire.
Sixth-To provide the streets and city buildings with gas Gas and and water necessary for their proper use, and to grant to any franchises. gas or water company authority to lay down pipes in the streets, avenues, and alleys of the city, for the supply of gas and water for the streets and buildings, for a term not exceeding twenty-five years; but they shall reserve the right to grant similar privileges to other companies, and shall require the laying down of pipes to be under the reasonable directions of the city authorities, and to be so laid as to do no injury to the proper use of paving, planking, or macadamizing of streets, avenues, or alleys, nor to property situated thereon, and they shall'impose such restraints and conditions upon the location and construction of gas and water-works and pipes as shall secure the least possible public or private inconvenience, and they shall provide for the enforcement of such restrictions and conditions; they may contract with gas and water companies for supplying the streets, public buildings, and cisterns with necessary gas and water for the public use, but no contract shall extend beyond the term of office of the members of the Board making such contract; provided, that the city shall not contract nor become liable to pay more than one-half of the expense of lighting streets, and no street, avenue, or portion thereof shall be lighted with gas until the persons petitioning for the same shall contract with the company furnishing gas, to pay at least onehalf of the expense of such lighting.
Seventh-To license and impose and collect a license tax Licenses. upon theaters, concerts, circuses, shows, and other entertainments and exhibitions to which an admission fee is charged; also, upon bars at which spirituous or malt liquors are sold; also, upon billiard tables and bowling alleys kept for gain or hire. And they may impose a license tax upon any
and all business not prohibited by law.
Eighth-To prohibit and suppress gaming and gambling- Nuisances. houses, dance-houses, fandangos, disorderly houses, and houses of ill-fame, immoral or indecent amusements, exhibitions, or shows, nuisances of every description, and all kinds of vice and immoral and indecent conduct, and to provide, by ordinance, that all drinking-saloons, bars, bar-rooms, or places where vinous, malt, or spirituous liquors are sold, dispensed, or given away, to be drank on the premises, shall be closed in the night time at such hour as they may fix.
Ninth-To levy and collect annually a tax on all property Property in the city, not exceeding thirty-five cents on each one hun- taxes. dred dollars of the assessed valuation thereof, and to prescribe the manner of making assessments and of collecting such tax. Taxes so levied shall become a lien upon the real estate chargeable therewith, from the first Monday in March preceding the levy and until paid; and such lien shall take precedence of all mortgages and other liens, except the lien for State and county taxes.
Tenth-To levy and impose assessments upon property Same. fronting on streets, avenues, and alleys, for the purpose of paying the costs and charges of grading, improving, working, repairing, draining, and laying sewers in said streets,
avenues, and alleys, or constructing sidewalks therein, and to provide for the enforcement and collection of assessments by sale of such property, if necessary; provided, that real property sold for delinquent taxes or assessments shall be sold to the person who will take the least portion of the property and pay the tax or assessment due thereon, and all costs and charges, and all such sales shall be subject to redemption, as in other sales under execution.
Eleventh-To impose and collect a poll-tax, not exceeding two dollars per annum, on every male inhabitant of the age of twenty-one years and under sixty years, and to enforce the payment thereof by the sale of property, or otherwise, which said poll-tax shall be collected by the City Marshal.
Twelfth-To impose and collect a tax of not exceeding five dollars per annum on every dog found at large within the corporate limits of the city, which said dog tax shall be collected by the City Marshal.
Thirteenth-To regulate or prevent the keeping of gunpowder, hay, and other dangerous or inflammable substances within the city.
Fourteenth-To require any land or building to be cleaned, at the expense of the owner or occupant thereof, and upon his default, after notice, to cause the work to be done and to assess the expense upon the land or building.
Fifteenth-To prohibit and prevent the running at large of any or all domestic animals within the limits of the city, and to establish and maintain a pound for such animals, and to appoint a Poundmaster, or confer the duties of Poundmaster upon the Marshal, who shall be paid out of the fines collected from the owners of animals impounded, or from the sales of such animals, and from no other source.
Sixteenth-To prescribe penalties and forfeitures for the breach or non-observance of the city ordinances, but no penalty shall be imposed on any person, for any one breach of any ordinance, exceeding one hundred dollars. Such penalties may be recovered before any Justice of the Peace having his office within the corporate limits of the city, by civil suits, brought by the City Attorney, in the name of the corporation, and against the person violating any ordinance, and execution to collect the same shall be issued as in other civil cases; and in such cases persons living in the city, if in other respects competent and qualified, shall be competent jurors; and when judgment is rendered in any such action for the city, there shall be taxed as costs against the defendant, in addition to other costs, the sum of ten dollars, which the City Attorney shall receive as his fee. All penalties and forfeitures so collected shall, by the officer receiving the same, be paid over to the Treasurer of the city; provided, that under no circumstances shall the city be liable for the fees of the attorney.
Seventeenth-To establish a police department, and appoint policemen and watch men, and regulate the proceedings and conduct of the same, and to discharge the same.
Eighteenth-To establish and regulate a city prison; provided, that the Trustees may contract with the Sheriff of the