§ 10. Certain mail carriers exempt. Nothing in this act shall be construed to apply to nor to levy a license upon the operation of any motor vehicle or motor vehicles of any operator, or the gross receipts therefrom, when as much as fifteen per cent of the gross receipts of such operator in the aggregate from such motor vehicle or motor vehicles shall have been earned by the transportation of United States mails, parcels post or other government matter under contract with the federal government. § 11. Constitutionality. If any section, subsection, clause, sentence or phrase of this act is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional. § 12. Repeal of conflicting acts. All acts and parts of acts in conflict herewith are hereby repealed; provided, however, that nothing herein shall be construed as affecting or repealing the provisions of an act entitled "An act providing for the supervision and regulation of the transportation of persons and property for compensation over any public highway by automobiles, jitney busses, auto trucks, stages and auto stages; defining transportation companies and providing for the supervision and regulation thereof by the railroad commission; providing for the enforcement of the provisions of this act and for the punishment of violations thereof; and repealing all acts inconsistent with the provisions of this act," approved May 10, 1917, as amended. § 13. Effective when. This act shall be and become effective January 1, 1924. ACT 5131. An act to provide for the repayment to such persons as are or may become entitled thereto of moneys by them, or their assignors, paid to the state of California in consequence of illegally imposed charges for the registration of motor vehicles, or paid to the state by mistake or inadvertence in connection with the registration of such motor vehicles, and thereafter deposited in the state treasury to the credit of the motor vehicle fund pursuant to the provisions of chapter 326 of California Statutes of 1913, approved May thirtyfirst, nineteen hundred thirteen, and known as the motor vehicle act; making an appropriation for such purpose; prescribing certain duties with respect thereto; and providing for the retention by the state of proportionate deductions from the moneys which would otherwise be apportioned to the several counties under the provisions of said motor vehicle act. [Approved May 18, 1915. Stats. 1915, p. 513. The act appropriated twenty-five thousand dollars for the purpose indi. cated. ACT 5141. An act providing for the park, creating a boa and manage said par proved June 3, 1921. АСТ 5151. MUN An act to provide for § 1. Classification of mu tions within the state are a population of more than f hundred fifty thousand shal population of more than five first and one-half class; the hundred thousand and not stitute the second class; thos thousand and not exceeding second and one-fourth class; fifty-five thousand and not e the second and one-half class thirty-five thousand and not e the second and three-fourths than twenty-three thousand, shall constitute the third class twenty thousand and not ex Istitute the fourth class; thos thousand and not exceeding class; those having a popula constitute the sixth class; pr the classification of existing poration act. [Amendment ap t This section was also ame (Stats. 1901, p. 94); 1911 ( § 2. Federal census adopted. A. D. one thousand nine hun adopted and the population of e the state is hereby classed acco class until the legislature shall TITLE 380. АСТ 5141. MOUNT DIABLO PARK. An act providing for the creation and management of the Mount Diablo park, creating a board of five commissioners with power to acquire and manage said park and making an appropriation therefor. [Approved June 3, 1921. Stats. 1921, p. 1293. In effect August 2, 1921.] ACT 5151. TITLE 381. MUNICIPAL CORPORATIONS. An act to provide for the classification of municipal corporations. [Approved March 2, 1883. Stats. 1883, p. 24.] Amended 1897, pp. 218, 421; 1899, p. 147; 1901, p. 94; 1911, pp. 11, 12, 476; 1921, p. 1654. § 1. Classification of municipal corporations. § 2. Federal census adopted. § 3. Enumeration by city. Reorganization under new classification. § 1. Classification of municipal corporations. All municipal corporations within the state are hereby classified as follows: Those having a population of more than five hundred thousand and not exceeding five hundred fifty thousand shall constitute the first class; those having a population of more than five hundred fifty thousand shall constitute the first and one-half class; those having a population of more than one hundred thousand and not exceeding five hundred thousand shall constitute the second class; those having a population of more than seventy thousand and not exceeding one hundred thousand shall constitute the second and one-fourth class; those having a population of more than fifty-five thousand and not exceeding seventy thousand shall constitute the second and one-half class; those having a population of more than thirty-five thousand and not exceeding fifty-five thousand shall constitute the second and three-fourths class; those having a population of more than twenty-three thousand, and not exceeding thirty-five thousand, shall constitute the third class; those having a population of more than twenty thousand and not exceeding twenty-three thousand shall constitute the fourth class; those having a population of more than six thousand and not exceeding twenty thousand shall constitute the fifth class; those having a population of not exceeding six thousand shall constitute the sixth class; provided, that nothing herein shall change the classification of existing cities organized under the municipal corporation act. [Amendment approved June 3, 1921; Stats. 1921, p. 1654.] This section was also amended in 1897 (Stats. 1897, p. 421); 1901 (Stats. 1901, p. 94); 1911 (Stats. 1911, pp. 11, 476). § 2. Federal census adopted. The federal census taken in the year A. D. one thousand nine hundred twenty is hereby approved and adopted and the population of each and every municipal corporation in the state is hereby classed accordingly, and each shall remain in said class until the legislature shall reclassify the same after future federal censuses shall have been taken of the population of said municipal corporations, unless such municipal corporations shall elect to reorganize as hereinafter provided. [Amendment approved June 3, 1921; Stats. 1921, p. 1654.] This section was also amended in 1911. See Stats. 1911, p. 12. § 3. Enumeration by city. Reorganization under new classification. The council, board of trustees, or other legislative body of any municipal corporation may, at any time, cause an enumeration of the inhabitants thereof to be made and in such manner and under such regulations as such body may, by ordinance, direct. If upon such enumeration it shall appear that such municipal corporation contains a sufficient number of inhabitants to entitle it to reorganize under a higher or lower class or if it shall so appear from the federal census had subsequent to such municipal enumeration or in the absence of such municipal enumeration, then the common council, trustees or other legislative body may, or upon receiving a petition therefor, signed by not less than one-fifth of the qualified electors thereof, shall submit to the electors of such city or town, at the next general or special election to be held therein, the question whether such city or town shall reorganize under the laws relating to municipal corporations of the class to which such city or town may belong. And thereupon such proceedings shall be had and election held, as provided in the general law for the reorganization, incorporation, and government of municipal corporations. If a majority of the votes cast at such election shall be in favor of such reorganization, thereafter such officers shall be elected as are, or may be, and at the time prescribed by law for municipal corporations of the class having the population under which such reorganization is had, and from and after the qualification of such officers, such corporation shall belong to such class. Whenever the result of such enumeration shall have been declared by the council, board of trustees, or other governing body, and entered in the minutes of such body, thereupon the number of such inhabitants so ascertained shall be deemed the number of inhabitants of such city for all the purposes of this act, and for the purposes of legislation affecting municipalities. The clerk of the council, board of trustees, or other governing body of such city shall cause a certified copy of such minute order to be filed in the office of the secretary of state. [Amendment approved June 3, 1921; Stats. 1921, p. 1655.] This section was also amended in 1897 (Stats. 1897, p. 218); 1899 (Stats. 1899, p. 141). This act is a general law within the meaning of the constitution and is constitutional: Pritchett v. Stanislaus County, 73 Cal. 310, 14 Pac. 795. ACT 5152. An act authorizing any municipal corporation, using the word "town" in its corporate name, to change such word to "city" and providing the procedure therefor. [Approved March 1, 1911. Stats. 1911, p. 93.] § 1. Changing "town" to "city," procedure. § 1. Changing "town" to "city," procedure. Any municipal corporation within this state, except freeholder charter city, may elimi 1914 MU nate the word "town" thereof, the word "city," of trustees or other leg may, by ordinance, upor "town" be eliminated of - municipality and the wo not less than twenty-five shown by the vote cast therein, eliminate the wo municipality and substitut adoption of such ordinand statement with the secreta visors of the county withi stating the filing of such and from thenceforth and of and be deemed substitu name. ACT 5153. An act authorizing any mu its corporate name, to the procedure therefor. [Approved Ap §1. Changing "city" to "t §1. Changing "city" to not less than twenty-five per ACT 5154. 1. City, change of name, how Where filed. 2. Failure to carry, no further 3. Election, how held. 4. Act takes effect when. nate the word "town" in its corporate name and insert in place thereof, the word "city," as in this act provided. The council, board of trustees or other legislative body of such municipal corporation may, by ordinance, upon receiving a petition asking that the word "town" be eliminated or dropped from the corporate name of such municipality and the word "city" be substituted therefor, signed by not less than twenty-five per cent of the qualified electors thereof, as shown by the vote cast at the last municipal general election held therein, eliminate the work "town" from the corporate name of such municipality and substitute in place thereof, the word "city," Upon the adoption of such ordinance, the clerk of such municipality must file a statement with the secretary of state and also with the board of supervisors of the county within which the municipal corporation is situate, stating the filing of such petition and the adoption of such ordinance and from thenceforth and thereon, the name "city" shall take the place of and be deemed substituted for the word "town" in such corporate name. ACT 5153. An act authorizing any municipal corporation, using the word "city" in its corporate name, to change such word to "town" and providing the procedure therefor. [Approved April 2, 1915. Stats. 1915, p. 25.] § 1. Changing "city" to "town," procedure. § 1. Changing "city" to "town," procedure. Any municipal corporation within this state, except freeholder charter cities, may eliminate the word "city" in its corporate name and insert in place thereof, the word "town," as in this act provided. The coun cil, board of trustees or other legislative body of such municipal corporation may, by ordinance, upon receiving a petition asking that the word "city" be eliminated or dropped from the corporate name of such municipality and the word "town" be substituted therefor, signed by not less than twenty-five per cent of the qualified electors thereof, as shown by the vote cast at the last municipal general election held therein, eliminate the word "city" from the corporate name of such municipality and substitute in place thereof, the word "town." Upon the adoption of such ordinance, the clerk of such municipality must file a statement with the secretary of state and also with the board of supervisors of the county within which the municipal corporation is situate, stating the filing of such petition and the adoption of such ordinance and from thenceforth and thereon, the name "town" shall take the place of and be deemed substituted for the word "city" in such corporate name. ACT 5154. An act authorizing municipal corporations, other than freeholder charter cities, to change their names, and providing the procedure therefor. [Approved March 3, 1909. Stats. 1909, p. 138.] § 1. City, change of name, how accomplished. Statement of election. Where filed. § 2. Failure to carry, no further proceedings for ten years. § 3. Election, how held. § 1. City, change of name, how accomplished. Statement of election. Where filed. The name of any city or municipal corporation within this state, except a freeholder charter city, may be changed upon proceedings taken as in this act provided. The council, board of trustees or other legislative body of such corporation, shall, upon receiving a petition asking that the name of the city be changed, and stating the name to which it is proposed to change it, signed by not less than fifty per cent of the qualified electors thereof, as shown by the vote cast at the last municipal election held therein, submit to the electors of such corporation the question whether the name shall be changed as proposed in such petition. Such questions shall be submitted at a special election to be held for that purpose, and such legislative body shall give notice thereof by publication at least once a week for a period of four weeks, prior to such election, in a newspaper printed and published in such corporation. Such notice shall distinctly state the proposed name, and the electors shall be invited thereby to vote for or against such proposed change of name. If upon canvassing the votes cast at such election it is found that two-thirds of the total number of votes so cast are in favor of the proposed change of name, the board of trustees shall file a statement of the holding of such election and the result thereof, with the secretary of state, and also the board of supervisors of the county in which the city or municipal corporation is situated, and from thenceforth and thereon the name shall be changed to that proposed at the said election. § 2. Failure to carry, no further proceedings for ten years. If upon canvassing the votes cast at such election it is found that two-thirds of the total number of votes so cast are not in favor of such change of name, no further proceedings shall be had for a term of ten years thereafter § 3. Election, how held. In all other respects not recited herein, the election herein mentioned, shall be held as provided by law for holding municipal elections in such municipality. § 4. Act takes effect when. Ths act shall take effect and be in force from and after its passage. ACT 5155. An act to validate the organization and incorporation of municipal [Approved April 18, 1919. Stats. 1919, p. 118. In effect July 22, 1919.] nicipal corporations f order of the board of acts of the said muni to the act aforesaid, provided, however, th from this act where t quired into in legal certified copy of the or office of the secretary Former acts: See 1909, p. 826; 1911, p. ACT 5156. An act to validate procee rations taken since 1 vide for the organiz pal corporations," a passage of the act ent municipal corporation [Approved M § 1. Validating certain § 2. Act takes effect wh § 1. Validating certain reorganized, or claiming of the acts the titles of w have attempted since said the provisions of said ac municipal corporations sine be and to have been from tempted reorganization, dul cities, and all proceedings corporations are hereby va this act shall not affect any pending to test the validit § 2. Act takes effect whe after its passage. Former acts: See Stats. |