CHAP. CCCCXXVI.-An Act to transfer money from one fund to another in the County of Monterey. [Approved March 31, 1876.] The People of the State of California, represented in Senate and funds. SECTION 1. The Auditor and Treasurer of Monterey County Transfer of are hereby authorized and directed to transfer all the moneys now in the Swamp Land Fund of said county to the Current Expense Fund; provided, that said money shall be repaid out of the Current Expense Fund whenever the amount shall be lawfully payable out of the Swamp Land Fund. disburse. SEC. 2. The Treasurer of said county shall, immediately Treasurer to on the transfer of said moneys, proceed to pay out said moneys in the same manner as is now provided by law for paying out money from the Current Expense Fund of said. county. SEC. 3. This Act shall take effect immediately after its passage. CHAP. CCCCXXVII.-[See volume of Amendments to the Codes.] CHAP. CCCCXXVIII.—An Act to authorize the Trustees of the City of Napa to procure a supply of wholesome fresh water for the use of the inhabitants of said city. [Approved March 31, 1876.] The People of the State of California, represented in Senate and Assembly, do enact as follows: supply. SECTION 1. The Trustees of the City of Napa are hereby Trustees to authorized and empowered to provide the inhabitants of the re corporation with a plentiful supply of wholesome fresh water, for domestic and other uses, in the manner hereinafter prescribed; provided, the cost of procuring the necessary real estate, water rights, right of way, and the expense of constructing the necessary dams, reservoirs, and works, and of procuring and laying the necessary pipes for conducting and distributing water, shall not exceed, in the aggregate, cost not to the sum of one hundred and twenty-five thousand dollars, exceed. United States gold coin. disinter SEC. 2. The Trustees and other officers created under this Officers to be Act shall have no interest in any contract for material ested. furnished or work performed for the Board, or for the purchase of any water rights, right of way, or any other thing Engineer to examine report; salary of for which the Board may pay out money; and any violation of this section shall be deemed a felony, and shall be punished according to law. SEC. 3. It shall be the duty of the Trustees, within thirty Sources and days from the passage of this Act, to procure the services of a competent engineer, who has followed his profession not. less than ten years, at a salary not to exceed two hundred dollars per month, to make an examination into all the sources of supply of water contiguous to the City of Napa, and also examine into and report upon the purity of each stream, the obstacles to be overcome, and the cost of works necessary to store and convey the same to the City of Napa; which facts shall be set out in a report, to be completed within sixty days after the appointment of the engineer. Trustees may purchase. Condemnation of property. Trustees to issue bonds. SEC. 4. Immediately after receiving the report of the engineer, as provided in the last section, if it shall appear therefrom or otherwise, and the Trustees shall be satisfied that an abundant and suitable supply of water can be procured and distributed in the city at an aggregate cost not exceeding one hundred and twenty-five thousand dollars, as provided in section one, they may, and are hereby authorized to institute an examination into the right, title, or claim by which the water supply so deemed to be available, and rights to its use, together with such real estate as may be required for reservoirs, dams, and works, is held or claimed, and may call to their assistance such legal adviser as they may think necessary, and may institute negotiations with the owner or owners, claimant or claimants, as have title to the same, and may purchase the same for the use of the city; provided, that the supply shall be in accordance with the provisions of this Act hereinafter mentioned, and the price shall not exceed in the aggregate seven thousand five hundred dollars. SEC. 5. Should the Trustees, after a full and fair effort to procure said supply of water, or other property mentioned in the last section, or the necessary rights of way from the reservoir to the city, by private negotiations, fail in so doing, they are hereby authorized to institute proceedings under the Code of Civil Procedure, Title Seven, Part Three, in the District Court of Napa County, to condemn the said property, and may prosecute the action to final determination, and pay the amount awarded. SEC. 6. To enable the Trustees to carry into execution the provisions of this Act, they are hereby authorized from time to time, as may be necessary, to issue for and in behalf of the City of Napa bonds not to exceed one hundred and twentyfive thousand dollars; said bonds to be in the sum of five hundred dollars each, with interest coupons attached thereto; the principal of the bonds to be payable in not less than five years or more than thirty; the interest to be payable annually on the first day of July of each year; said bonds to bear interest at the rate of eight per cent. per annum, principal and interest payable in United States gold coin; the bonds to be signed by the President of the Board and the Secretary, and sealed with the seal of the corporation, and the coupons to be signed by the Secretary. SEC. 7. The bonds and coupons shall be payable at the Interest. office of the Treasurer of the City of Napa. The bonds shall bear interest from the date of their issuance, and the first coupon shall be for interest from such date up to the first day of July next succeeding. SEC. 8. For the purpose of paying the interest on the Sinking bonds and creating a sinking fund for the payment of the fund. principal, all moneys received for water rates or sale of water to consumers, or so much as shall be necessary over and above the necessary expenses of caring for the works, keeping in repair, and paying the expense of collection, shall be set apart and applied to the purpose named in this section. The Trustees of the city shall have the exclusive control and management of said property and works, and shall employ such servants, agents, and employés as may be necessary, and fix their compensation. SEC. 9. If such collections from sales of water shall be at Special tax. any time insufficient to pay the interest as it accrues on the bonds, then it shall be the duty of the Board to cause a special tax to be levied upon all the property, real and personal, in the City of Napa, to meet such deficiency. The said tax to be assessed and collected in the same manner as is provided for assessing and collecting the other revenue of the city; provided, that while the works are in course of construction they may, if they deem it advisable, sell any bonds on hand in order to meet accruing interest; provided further, that after the expiration of five years from the completion of the work Redemption there shall be raised annually, by taxation, or by the receipts from water, or by both, at least two thousand dollars, which shall be applied to the payment of the principal of such bonds as provided in section ten. fund. bonds. SEC. 10. Whenever there shall accumulate in the treasury Surrender of of the city a sum of money equal to one thousand dollars, or more, over and above enough to meet accruing interest, then notice shall be given by the Treasurer of such fact, and holders of bonds shall be invited to surrender the same at the lowest figure. No bid at a rate above par shall be accepted. Bids for the redemption of bonds shall be opened in public, at a meeting of the Board, and the lowest bid accepted and the bonds redeemed. If no bid is put in at a rate below par, and five years shall not have elapsed since the issuance of the bonds, then the Board shall invest the surplus fund by loaning the same upon real property until the five years' limitation has expired. Thereafter, if no bid at or below par is received, they shall give notice that they are prepared to redeem the first issued bonds in the order of their issuance, naming the bonds by number; and after the publication of that notice for four consecutive weeks in a newspaper published in the City of San Francisco, and one newspaper in the City of Napa, interest on the bonds shall cease. SEC. 11. When it becomes necessary, for the purposes Sale of herein mentioned, the Board of Trustees may sell the bonds bonds. Proposals for purchase. Water capacity. Misdemeanor. work. so issued to the highest bidder, as follows: At least twenty days' notice shall be given of the time and place of such sale, in two newspapers of the City of San Francisco and one in the City of Napa. Said bonds shall be sold for United States gold coin, and for not less than ninety-five per cent. of their par value. SEC. 12. Bids for the purchase of the bonds shall be made in writing, and shall be received until noon of the day of sale. At that hour, and on the same day, the Board shall open such bids, and award the bonds to the person bidding the highest price therefor; but no bids shall be considered unless there shall be with the same a certified check from a responsible bank for ten per cent. of the bid. Immediately after the acceptance of the bid the Board shall receive of the bidder the amount of the bid, and deliver the bonds. In all cases the Board shall have power to reject any and all bids. The bonds issued under this Act shall be known as the Water-works Bonds of the City of Napa; provided, that the Trustees may, at their option, make purchases of real estate, right of way, and water rights, and may receive and accept proposals for doing all work necessary to be performed in constructing the work, laying pipes, and other things, in bonds at their par value. SEC. 13. The supply of water to be obtained may be either a running stream, or be caught during winter, and stored in a reservoir or reservoirs for summer use. If a running stream is selected, and no provision is made for winter catchment, then the stream must be equal to a supply of two and a half millions of gallons per diem, during the month of August and September. Or, if catchment is resorted to, in connection with a running stream or otherwise, then it must be shown that the reservoir can be constructed, and on lands acquired by the Board, which, in connection with the stream, will yield a quantity of water equal to four hundred and fifty million gallons in the aggregate during the months of May, June, July, August, September, and October; provided, that the works need not be constructed at the beginning to supply more than one-third the quantity named. The water must be pure, according to the standards of sanitary science. SEC. 14. Willful disobedience of the mandates contained in the last section, or the purchase of any water right or the construction of any works with a less possible or ultimate capacity than named, to wit: four hundred and fifty million gallons in the months mentioned, shall be considered a misdemeanor by the members of the Board consenting to such purchase or construction. Proposals for SEC. 15. After the selection and purchase of a source of supply and right to use and occupy the grounds necessary for the reservoirs and works, the engineer shall make accurate plans and drawings, and prepare detailed specifications of all work to be done and performed and all materials to be furnished; and thereupon the Board shall advertise for sealed proposals to furnish the materials and do the work by the lowest bidder. Said notice to be published for not less than thirty days, in two newspapers in the City of San Fran cisco and one in the City of Napa, specifying the work to be let and materials furnished; provided, that the work may be let in such sections, parts, and divisions, and at such different times, as the Board may deem advisable. SEC. 16. Bids shall be received up to noon of the day on Awarding of which they are to be opened, and at that hour, and on that contract, day, the Board shall meet in public and open the bids and award the contracts to the lowest bidders; provided, always, that they shall require full and ample security for the faithful performance of the contracts to accompany the bids; and provided further, that the Board may have the right to reject any and all bids. SEC. 17. Immediately after the awarding of the contracts, Payments, the Engineer and Attorney of the Board shall prepare contracts, to be signed by each successful bidder, which shall cover the engagement or engagements he has undertaken to perform; and in no instance shall any contractor be paid for more than three-fourths of his work performed and materials furnished whilst his contract is incomplete. SEC. 18. The engineer of the Board shall also be the Engineer to Superintendent of Construction; and it shall be his duty to supervise.. carefully scrutinize all pipes or materials furnished and works erected, and see that they are furnished and performed in accordance with the contracts. SEC. 19. The Board of Trustees under this Act shall have Laying of authority to direct excavations to be made in any street, pipes, alley, or highway necessary for the laying of mains or service-pipes. They shall have power to determine in what streets mains shall be laid, the sizes and quality of mains to be used, the fixing and determining the position of firehydrants, the mode and manner of tapping the mains. They shall also fix the tariff of water rates, and determine the mode of payment; provided, that in no case shall the water [rate] be fixed higher than will yield a sufficiency of revenue to pay all expenses, necessary interest on the bonds, and create a sinking fund for the extinguishment of the principal. CHAP. CCCCXXIX.-An Act concerning county officers of Lake The People of the State of California, represented in Senate and Sheriff. SECTION 1. The County Clerk shall be ex officio Clerk of Clerk and the District, County, and Probate Courts; of the Boards of Supervisors, Equalization, and Canvassers; Auditor and Recorder. The Sheriff shall be ex officio Tax Collector. SEC. 2. The salary of the County Judge shall be one Salary of thousand dollars per annum, and he shall receive no other Judge. or further fees or emoluments for any service rendered as County Judge or ex officio Judge of the Probate Court. |