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such act, to be recovered on his official bond, and is further
lialile on his official bond, to any person injured thereby, for
all damages sustained.

HLstory: Enacted Match IS, 1907, Stats, and Amdts. 1907,
p. 558, Kerr's Stats, and Amdts. 1906-7, p. 396. .In effect im-
mediately.

A codiftcation of § 53 County Government .\vt (Hen. G. L.,
p. 209).

§ 4326.

[iV'ote: This is a misprint for § 4230, as botli the title of the
bill and the subject matter shows. The error is corrected and
the amendment inserted in its proper p-lace, under § 4236.]

[Construction of article.] Sec. 2. The provisions of this
act, so far as they are substantially the same as existing stat-
utes, must be construed as continuations thereof and not as
new enactments; and nothing in this act contained shall be
deemed to shorten or extend the term of office or employ-
ment of any person holding office or employment under the
provisions of such statutes.

Hi-story: Enacted March 18, 1907, Stats, and -Am Its. 1907,
p. 558, Kerr's Stats, and Amdts. 1906-7, p. 396. .In effect im-
mediately.

2275



§4354 POLITICAL CODE. [Pt.I V,Tit.Il I.

TITLE III.

GOVERNMENT OF CITIES.

Chapter I. Cities as Bodies Corporate, §§ 4354-4374.

II. Executive Powers, §§4385-4393.

III. Legislative Powers, §§4403-4414.

IV. Judicial Powers, §§4424-4432.

V. Certain Statutes Relating to Cities and Towns
and Existing Corporations Continued, § 4442.
VI. Funding and Refunding of City Indebtedness,
§§ 4445-4449.



CHAPTER I.

CITIES AS BODIES CORPORATE.

§ 4354. General powers.

§ 4355. Distribution of powers.

§ 4356. City declared by legislature.

§ 4357. Boundaries, how changed.

§ 4358. Petition to supervisors [repealed].

§ 4359. Undertaking for expenses of election [repealed].

§ 4360. Supervisors to order an election [repealed].

§ 4361. Notice of election, etc. [repealed].

§ 4362. Ordinance approving such annexation [repealed].

§ 4363. Order of supervisors, etc. [repealed].

§ 4364. Expenses of election, how paid [repealed].

§ 4365. Certified copy of order to be transmitted and filed
[repealed].

§ 4366. Act to fix time of the first election.

§ 4367. Notice of election and canvass of returns.

§ 4368. "Who are city electors.

§ 4369. Common council; cities [to provide for election and ap-
pointment of city offlcers].

§ 4370. Elective offlcers of cities.

2276

.1



cli.l.] ' GENERAL POWERS. §§4354-4358

§ 4371. Direct taxes [limitation of].

§ 4372. Condemnation of private property for city use.

§ 4373. Vacancies in office.

§ 4374. Official oaths and bonds.

§4354. GENERAL POWERS. A city is a body politic
and corporate, with the general powers of a corporation, and
the powers specified or necessarily implied in this title or in
special laws.

History: Enacted March 12, 1872.

§4355. DISTRIBUTION OF POWERS. Every city has
legislative, executive, and judicial power. Its legislative pow-
er is vested in a common council; its executive power in a
mayor and his subordinate officers; and its judicial power in
a police court.

History: Enacted March 12, 1S72. .

§ 4356. CITY DECLARED BY LEGISLATURE. Every
subdivision of a county not exceeding in extent six square
miles, with not less than two thousand inhabitants, with its
metes and bounds fixed and defined, and declared by act of
the legislature to be a "municipal corporation," is a city with
the powers conferred by this title.

History: Enacted March 12, 1872.

§4357. BOUNDARIES, HOW CHANGED. The boun-
dary of a city may be changed by an act of the legislature,
on petition of a majority of the common council, presented
in pursuance of a city ordinance, or, as hereinafter provided,
by the board of supervisors.

History: Enacted March 12, 1S72.

§4358. PETITION TO SUPERVISORS [repealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

2277



§§4359-5365 political code. ^ [Pt.IV.Tit.III.

§4359. UNDERTAKING FOR EXPENSES OF ELEC-
TION [repealed].

Historj': Enacted March 12, 1872; repealed March 28, 1874,
Code Atedts. 1873-4, p. 177.

§4360. SUPERVISORS TO ORDER AN ELECTION

[repealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

§436L NOTICE OF ELECTION, ETC. [repealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

§4362. ORDINANCE APPROVING SUCH ANNEXA-
TION [repealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

§4363. ORDER OF SUPERVISORS, ETC. [repealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

§4364. EXPENSES OF ELECTION, HOW PAID [re-
pealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

§4365. CERTIFIED COPY OF ORDER TO BE
TRANSMITTED TO SECRETARY OF STATE AND
COUNY RECORDER [repealed].

History: Enacted March 12, 1872; repealed March 28, 1874,
Code Amdts. 1873-4, p. 177.

2278



ch.I.] ELECTION— NOTICE OF. §§4366-4370

§4366. ACT TO FIX TIME OF THE FIRST ELEC-
TION. The act of the legislature declaring a city to be a
"municipal corporation" must fix a day for the first election
of city officers, and fix the number of members of the "com-
mon council" to be elected for the first year.
History: Enacted March 12, 1872.

§4367. NOTICE OF ELECTION AND CANVASS OF
RETURNS. Notice of the first election of city officers must
be given by the county judge of the county, by publishing
the same in a newspaper published in the city for four weeks
successively, designating the officers to be elected, the poll-
ing-places, and the officers of election. The returns must be
made to the county judge, who must count and declare the
vote, and issue certificates of election.

History: Enacted March 12, 1872.

§4368. WHO ARE CITY ELECTORS. The qualified
electors of the city who have resided within the city limits
for thirty days next preceding the election are qualified to
vote at all city elections.

History: Enacted March 12, 1872.

§4369. COMMON COUNCIL; CITIES {TO PROVIDE
FOR ELECTION AND APPOINTMENT OF CITY OF-
FICERS]. The common council must, during the first year,
by ordinance, fix the term of office of all elective officers and
the time when they must be elected, and provide for the ap-
pointment of other necessary officers, including city clerk,
city attorney, and treasurer, and fix their terms and amount
of their bonds.

History: Enacted March 12, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 58.

§ 4370. ELECTIVE OFFICERS OF CITIES. The elect-
ive officers of cities are: A mayor, a marshal, a police judge,

2279



§§4371-4374 political code [Pt.lV,Tit.III.

assessor and collector of taxes, and a common council con-
sisting of not less than three members. They must be elec-
tors of the city, and qualify by taking the statutory oath of
office, and, except the first officers elected, hold office for a
term to be fixed by the common council, not exceeding two
years.

History: Enacted March 12, 1S72; amended March 30, 1874,
Code Amdts. 1873-4, p. 58.

§4371. DIRECT TAXES [LIMITATION OF]. The di-
rect taxes imposed by the common council in any one year
must not exceed two per centum of the valuation of property
within the city.

History: Enacted March 12, 1872.

§4372. CONDEMNATION OF PRIVATE PROPERTY
FOR CITY USE. Whenever it becomes necessary for the
city to take private property for the purposes of laying out
or altering streets or alleys, and the council cannot agree
with the owner thereof as to the price to be paid, the coun-
cil may direct proceedings to be taken under title seven, part
three of the Code of Civil Procedure, to procure the same.

History: Enacted March 12, 1872.

§ 4373. VACANCIES IN OFFICE. If any person elected
to a city office removes from the city, absents himself for
more than thirty days without leave from the council, or fails
to qualify within ten days after election, his office is vacant.

History: Enacted March 12, 1872, founded upon § 33 Act
March 11, 1850, Stats. 1S50, p. 91.

§ 4374. OFFICIAL OATHS AND BONDS. All city of-
ficers, before entering upon their duties, must take the oath
of office. The marshal, attorney, clerk, assesor, collector, and

2280



ch.L] OATHS AND BONDS. §4374

treasurer must also give a bond, with sureties to be approved
by the mayor, payable to the corporation by its corporate
name, in such penalty as may be prescribed by ordinance,
conditioned for the faithful performance of the duties of their
office; and a like bond may be required of a.nf officer whose
office is created by an ordinance. Should the bond of any
city officer become insufficient, he may be required to give
additional bond, and, upon his failure so to do, his office
must be deemed vacant.

History: Enacted March 12, 1872, founded upon § 30 Act
March 11, 1S50, Stats. 1850, p. 91; amended March 30, 1874, Code
Amdts. 1873-4, p. 58.



2281



§§ 4385, 4386



POLITICAL, CODE.



[Pt.IV,Til.III.



CHAPTER II.

EXECUTIVE POWERS.

§ 4385. Executive officers of a city.

§ 4386. Powers of mayor.

§ 4387. Accounts and demands, how audited and paid.

§ 4388. Maj'or president of tlie common council.

§ 4389. Duties of city marshal.

§ 4390. Duties of assessor.

§ 4391. Duties of city attorney.

§ 4392. Duties of treasurer.

§ 4393. Duties of clerk.



§4385. EXECUTIVE OFFICERS OF A CITY. The ex-
ecutive officers of a city are the mayor, marshal, and sucli
officers for the assessment, collection, auditing, safe-keeping,
and disbursing the revenue and keeping the records and
journals of the city, as the common council may provide.

History: Enacted March 12, 1872.

§4386. POWERS OF MAYOR. The mayor has power:

1. To nominate, and with the consent of the common coun-
cil, to appoint all non-elective officers of the city provided
for by the common council, including city attorney, secretary
of the council, and city treasurer.

2. To suspend, and with the consent of the common coun-
cil, to remove any non-elected officer, stating in the suspen-
sion or removal the cause thereof.

3. To cause the ordinances of the city to be executed, and
to supervise the discharge of official dttty by all subordinate
officers.

4. To communicate to the common council, at the begin-
ning of every session, and oftener if deemed necessary, a
statement of the affairs of the city, with such recommenda-
tions as he may deem proper.

2282



ch.II.] ACCOUNTS, ETC., AUDITING. §§ 4387-4389

5. To recommend to the common council such measures
connected with the public health, cleanliness, and ornament
of the city, and the improvement of the government and
finances, as he deems expedient.

6. To approve all ordinances of the common council
adopted by it, and in case the same do not meet his approba-
tion, to return the same, with his objections, within five days
after he receives the same.

History: Enacted March 12, 1872, founded upon § 22 Act
March 11, 1850, Stats. 1S.'.0, p. 90; amended March 30, 1S74,
Code Amdts. 1873-4, p. 59.

§4387. ACCOUNTS AND DEMANDS, HOW AU-

• DITED AND PAID. All accounts and demands against
said city must be audited by the president of the .common
council, and no money must be drawn from the city treasury,
unless upon the certificate of the president, by order of the
council. The certificate must be drawn upon the treasurer
of the city, and must specify the fund out of which the same

* is payable. The treasurer must pay the same out of any
money in his hands belonging to such fund.

History: Enacted March 12, 1S72, founded upon § 19 Act
-March 11, 1S50, Stats. 1850, p. 89.

§4388. MAYOR PRESIDENT OF THE COMMON
COUNCIL. The mayor is the president of the common
council, must sign the journals thereof, decide by his voice
all tie votes, must sign the warrants on the city treasurer,
and is the keeper of the city seal.

History: Enacted March 12, 1S72.

§ 4389. DUTIES OF CITY MARSHAL. The city mar-
shal, in addition to the duties prescribed by the common coun-
cil, must execute and return all process issued by the police
judge, or directed to him by any legal authority, and attend

2J83



§§4390-4392 political code. [Pt.IV.Tit.III.

upon the police court regularly. He may appoint one or
more deputies; and must arrest all persons guilty of a
breach of the peace or for the violation of any city-ordinance,
and bring them before the police judge for trial, and has
superititending control over the city police; and, until other-
wise provided by ordinance, must perform all duties of col-
lector of city taxes. -~

History: Enacted March 12, 1872.

§4390. DUTIES OF ASSESSOR. The assessor, in addi-
tion to the duties prescribed by the common council, must
make out, within such time as the common council orders, a
correct list of all the taxable property within the city limits,
with the valuation thereof, which list, certified by him, must*
be returned to the common council. The mode of making
out the list and of ascertaining the value of property, and
of collecting all taxes, is the same as prescribed in this code
for assessing and collecting the state tax.

History: Enacted March 12, 1872, founded upon § 26 Act"
March 11, 1S50, Stats. 1850, p. 90.

§4391. DUTIES OF CITY ATTORNEY. The city at-
torney must attend to all suits, matters, and things in which
the city may be legally interested; to give his advice or
opinion in writing whenever required by the mayor or com-
mon council, and do and perform all such things touching
his office. as by the common council may be required of him.

History: Enacted March 12, 1872, founded upon § 27 Act
March 11, 1850, Stats. 1850, p. 90.

§ 4392. DUTIES OF TREASURER. The treasurer must
receive all moneys that come to the city, either from taxa-
tion or otherwise, and pay the same out on the certificate of
the president of the common council, and do and perform all
other acts as are prescribed for him by the common council.

2284



ch.IL] CLERK'S DUTIES. §4393

He must, on the first days of January, April, July, and Oc-
tober of each year, make out and present to the mayor a full
and complete statement of the receipts and expenditures of
the preceding three months, which statement the mayor must
cause to be published.

History: Enacted March 12, 1872.

§4393. DUTIES OF CLERK. The city clerk is clerk of
the common council; must keep the journal of their pro-
ceedings and all records of the city; he must keep the ac-
counts of the city, and countersign all warrants on the city
treasurer; keep a true account thereof and of the financial
condition of the city, and do such other things as the com-
mon coimcil maj^ by ordinance provide.

History: Enacted March 12, 1872.



2285



§§4403,4404 political CODE. [Pt.IV,Tit.III.



CHAPTER III.

LEGISLATIVE POWERS.

§4403. Common council [how constituted. Presiding officer].

§ 4404. AVards, and number of. [Boundaries.]

§ 4405. First meeting [organization].

§ 4406. Quorum.

§4407. May make rules. .[.Journals and publicit^■ of pi'oce*'d-

ings.]

§ 440S. Additional powers of common council.

§ 4409. Street improvements, how made.

§ 4410. To grant authority to gas and water companies.

§ 4411. Reservations by cities.

§ 4412. Contract for gas and water.

§ 441S. Restrictions and conditions to be imposed.

§ 4414. Ordinance, how vetoed, and how passed over veto.

§4403. COMMON COUNCIL [HOW CONSTITUTED.
PRESIDING OFFICER]. The common council consists of
not less than three citizens of the city, elected one from each
of the v\'ards. The mayor is the presiding officer thereof.

HLstory: Enacted March 12, 1872.

§ 4404. WARDS, AND NUMBER OF. [BOUNDARIES.]

The common council has power to divide the city into a
convenient number of wards, fix the boundaries thereto, and
may change the same from time to time as they see fit,
having regard to the number of white male inhabitants, so
that each ward contains as near as may be the same number
of inhabitants. The number of wards of any city must not
exceed the numlier of councilmen to which the city is en-
titled; and when a city has been so divided the councilmen
must be elected from the several wards respectively, accord-
ing to the number of inhabitants.

Hijstory: Enacted March 12, 1872, founded upon § 9 Act
March 11, 1850, Stats. 1850, p. 88.

2286



ch.III.] MEETING— QUORUM. §§4405-4407

§4405. FIRST MEETING [ORGANIZATION]. The

members of the common council must asseml)le within five
days after their election, and choose some suitable person
as clerk. In case of the absence of the mayor they may
elect a president pro tempore, who has all the powers and
must perform all the duties of president. They must, by
ordinance, fix the times and places of holding their stated
meetings, and may be convened by the mayor at any time.

Historj-: Enacted March 12, 187"2, founded upon § 10 Act
March 11, 1850, Stats. 1850, p. 88.

§ 4406. QUORUM. A majority of the members of the
common council constitutes a quorum to do business; but
a less number may adjourn from day to day, and may com-
pel the attendance of absent members in such manner and
under such penalties as the council may, by ordinance, pre-
scribe.

History: Enacted March 12, 1872, founded upon § 10 Act
March 11, 1850, Stats. 1850, p. 88.



§ 4407. MAY MAKE RULES. [JOURNALS AND PUB-
LICITY OF PROCEEDINGS.] The common council is
the judge of the qualification, elections, and returns of
their own members and the other officers elected under the
provisions of this title. They may determine contested elec-
tions; they niay provide rules for their own proceedings,
punish any member or other person for disorderly conduct
in their presence, and, with the concurrence of two-thirds
of their number, expel any member, but not a second time
for the same cause; they must keep a journal of their pro-
ceedings, and at the desire of any member must cause the
yeas and nays to be taken and entered on any question; and
their proceedings must be public.

HLstory: Enacted March 12, 1872.

2287



§ 4408 POLITICAL CODE. [Pt.I V.Tit.III.

§4408. ADDITIONAL POWERS OF COMMON
COUNCIL. The common council has power;

L To create the offices of city clerk, city attorney, asses-
sor, and, collector, and such other offices as may be neces-
sary, ^'and prescribe their duties and fix their compensation.

2. To establish and fix the salaries of the mayor, police
judge, and other city officers, and also fix a tariff of fees for
the officers entitled to such, designating the fees, allowed for
each particular item of service, and cause the same to be
published in like manner with the ordinances passed by the
common council.

3. To manage the finances and property of the city.

4. To regulate the streets, wharves, piers, and chutes in
the city and the use thereof.

5. To establish or authorize slaughter-houses and markets,
and regulate the same.

6. To provide for lighting, watering, and cleaning the city,
and protecting it against fire.

7. To license and regulate hacks, cabs, carts, omnibuses,
railway cars, and all other vehicles, butchers, porters, pawn-
l^rokers, peddlers, showmen, and junk-shop keepers, theaters,
and all other places of public amusement.

8. To provide for licensing any or all business not pro-
hibited by law, and fix the amount of license-tax for the
same.

9. To regulate the keeping and use of animals, and the
keeping and use of gunpowder and other dangerous sub-
stances.

10. To suppress gaming, gambling-houses, and other dis-
orderly houses, nuisances of every description, and all kinds
of vice and immorality.

11. To prohibit the burial of the dead within the city, ex-
cept at such places and in such manner as the common coun-
cil may determine.

12. To establish and regulate a police department.

13. To establish and regulate a fire department.

14. To impose penalties for the violation of ordinances;

2288



ch.III.] STREET IMPROVEMENTS. § 4409

but no single penalty must exceed a fine of five hundred
dollars, or imprisonment for ten days or both.

15. To impose and appropriate fines, penalties, and for-
feitures for breaches of ordinances.

16. To make by-laws and ordinances not repugnant to the
constitution and the laws of the United States or of this
state.

17. To- require any land or building to be cleansed at the
expense of the awner or occupant, and upon his default may
do the work and assess the expense upon the land or build-
ing.

18. To establish a bo5,rd of health to prevent the intro-
duction and spreading of disease, or to ordain and adopt
for the government of the city the "quarantine" or "health
regulations," provided by this code for San Francisco or
Sacramento.

19. To levy and collect taxes, to lay out, extend, alter, or
widen streets and alleys, and make appropriations for any
object of city expenditures.

20. To erect and maintain poorhouses and hospitals, and
pass such by-laws and ordinances for the regulation of the
police as they may deem necessary. All ordinances must be
published in the manner prescribed by the common council.

History: Enacted March 12, 1872, founded upon §§ 20, 29 Act
March 11, 1850, Stats. 1850, pp. 90, 91.

§4409. STREET IMPROVEMENTS, HOW MADE.

Whenever the owners of a major part of the property front-
ing on any street or avenue desire to improve such street
by paving the same, or constructing sewers, or otherwise,
the mayor and council may make such improvement at the
expense of all the owners of property on the street, which
expense must be in proportion to the number of feet owned
by each.

History: Enacted March 12, 1S72, founded upon § 34 Act
March 11, 1850, Stats. 1850, p. 91.

2289



§§4410-4413 POLITICAL CODE. [Pt.I V,Tit.IlI.

§ 4410. TO GRANT AUTHORITY TO GAS AND WA-
TER COMPANIES. The common council, by ordinance,
approved by the mayor, may grant to any gas or water com-
pany .the privilege of laying dov^^n pipes in the streets and
alleys of such city for supplying gas and water for the
streets and buildings thereon, for a term not exceeding
twenty-five years.

History: Enacted March 12, 1872, modification of § 1 Act
April 4, 1870, Stats. 1869-70, p. 815.

§4411. RESERVATIONS BY CITIES. In exercising
the authority mentioned in preceding section, the common
council must reserve the right to grant similar privileges to
other companies, and require the laying down of the pipes
to be under the reasonable direction of the city authorities,
and to be so laid as to do no injury to the proper use of the
paving, planking or macadamizing of the streets and alleys,
nor to private property situate thereon.

Hi.story: Enacted March 12, 1872, founded upon § 2 Act April
4, 1870, Stats. 1869-70, p. 815.

§4412. CONTRACT FOR GAS AND WATER. The

common council may contract with gas and water companies
for supplying the streets and public buildings with all gas
and water necessary for their proper use; the rates to be
paid therefor must not be fixecf for a term exceeding five
years, and the city authorities must reserve the right to
abrogate such contract, whenever gas or water is offered to
be supplied at two-thirds of such fixed contract price.

History: Enacted March 12, 1872, founded upon § 3 Act April
4, 1870, Stats. 1869-70, p. 815.

§4413. RESTRICTIONS AND CONDITIONS TO BE
IMPOSED. In granting authority to lay down pipes, and
in contracting for gas and water, the common council must

2290



ch.III.] ORDINANCES, PASSING. §4414

Is ^ impose such restrictions and conditions, and provide for
such locations and construction of gas and water-works and
pipes as to work the least possible public or private incon-
venience, and provide for enforcing such restrictions and
conditions.

History: Enacted March 12, 1S72, founded upon § .3 Act April
4, 1870, Stats. 1869-70, p. 815.

§4414. ORDINANCE, HOW VETOED, AND HOW
PASSED OVER VETO. Every ordinance passed by the
common council must before it becomes effective be present-
ed to the mayor for his approbation. If he approve it, he
must sign it; if not, he must return it, with his objections in
writing, to the common council, who must cause the same
to be entered upon its journals and proceed to reconsider
the same. If after such consideration two-thirds of all the
members of the common council elect shall agree to pass
the same, it becomes an ordinance. In all such cases the
votes must be taken by yeas and nays, and the names of the
members voting for and against the same must be entered



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