CHAP. CCCXXXIV.-An Act to authorize the Mayor and Board of Supervisors of the City and County of San Francisco to construct a Sewer in Fifth street, and for that purpose to have surveys made, and to assess certain lands to pay the expenses incident thereto. [Approved April 26, 1862.] The People of the State of California, represented in Senate and Board of Bewers. SECTION 1. The Mayor and Board of Supervisors of the City Powers of and County of San Francisco are hereby authorized and em- Mayor and powered to construct a sewer, in Fifth street, with flood gates Supervisors and appurtenances, of such size as they shall determine to be requisite for the purpose of draining that portion of said city and county lying within the following named boundaries, and that portion of said city and county fronting on either side of the streets, or portion of streets, forming such boundaries, to wit: Commencing at the northwesterly corner of Clay and Line of Larkin streets; thence easterly, along the northerly line of Clay street, to the easterly line of Jones street; thence southerly. along the easterly line of Jones street, to the northerly line of Sacramento street; thence easterly, along the northerly line of Sacramento street, to the easterly line of Mason street; thence southerly, along the easterly line of Mason street, to the northerly line of California street; thence easterly, along the northerly line of California street, to the easterly line of Powell street; thence southerly, along the easterly line of Powell street, to the northerly line of Pine street; thence easterly, along the northerly line of Pine street, to the easterly line of Stockton street; thence southerly, along the easterly line of Stockton street, to the northerly line of Geary street; thence easterly, along the northerly line of Geary street, to the easterly line of Dupont street; thence southerly, along the easterly line of Dupont street, to the northerly line of O'Farrell street; thence easterly, along the northerly line of O'Farrell street, to Market street; thence easterly, along the northerly line of Market street, to a point opposite the westerly line of Third street, on said northerly line of Market street; thence commencing at the southwesterly corner of Third and Market streets; thence westerly, along the southerly line of Market street, to the easterly line of Fourth street; thence southerly, along the easterly line of Fourth street, to the northerly line of Folsom street; thence easterly, along the northerly line of Folsom street, to the northwesterly corner of Folsom and Second streets; thence commencing at the southwesterly corner of Folsom and Second streets, and running westerly, along the southerly line of Folsom street, to the easterly line of Third street; thence southerly, along the easterly line of Third street, to the northerly line of Harrison street; thence easterly, along the northerly line of Harrison street, to the easterly line of Second street; thence southerly, along the easterly line of Second street, to the southerly line of Brannan street; thence westerly, along the southerly line of Brannan street, to the easterly line of Third street; thence southerly, along the east Line of sewers. Letting of contracts. Proviso. erly line of Third street, to Channel street; thence westerly, along Channel street, to Fifth street; thence southerly, along Fifth street, to Hooper street; thence westerly, along Hooper street, to the easterly city front at Hooper street; thence southerly, along said city front, to Hubble street; thence westerly, along Hubble street, to the easterly city front at Hubble street; thence southerly, along said city front, to South street; thence westerly, along South street, to the easterly line of Seventh street; thence northerly, along the easterly line of Seventh street, to the southerly line of Townsend street; thence westerly, along the southerly line of Townsend street, to Mission creek; thence westerly, along the northerly line of Mission creek, to the westerly line of Ninth street; thence northerly, along the westerly line of Ninth street, to Market street; thence commencing at the northwesterly corner of Market and Larkin streets; thence running northerly, along the westerly line of Larkin street, to the northwesterly corner of Larkin and Clay streets, and point of commencement. SEC. 2. The said sewer shall be constructed in Fifth street, from its intersection with Market street to an outlet in the waters of the Bay of San Francisco, to such point as shall be deemed necessary by the said Mayor and Board of Supervisors, and may be continued at any time to such further point in said bay as the said Mayor and Board of Supervisors may deem requisite. SEC. 3. The said Mayor and Board of Supervisors are hereby authorized and empowered to contract for the construction of said sewer, its flood gates and appurtenances, or such portion thereof as they may at any time determine to be requisite; also, for the taking up and relaying any planking, pavement, and sidewalks, that may be necessary for any of the purposes herein provided for. Before giving out any contract under this Act, the said Mayor and Board of Supervisors shall cause notice to be conspicuously posted in the office of Superintendent of Public Streets and Highways, and also to be published for thirty days in some newspaper published in said city and county, inviting sealed proposals for the works so contemplated; and all proposals offered for said work shall be delivered to the Mayor of said city and county, who shall open them before the said Board of Supervisors, in public session; and the said Board shall examine and publicly declare the same, and award the said work to the lowest responsible bidder; provided, the said Board may reject any and all bids, should they deem it for the public good, and also the bid of any party who may have proved unfaithful in any former contract with said city and county. The said award of said Board shall be published for five days in some newspapers published in said city and county; and if any bidder, receiving an award as aforesaid, neglect, for seven days after the first publication thereof, to enter into contract for such work, then the said Board shall set aside such award, and relet said work in the same manner as above provided. All such contracts shall be executed by the said Superintendent of Public Streets and Highways, who is hereby authorized so to do, on behalf of said city and county, and by the parties to whom said contract has been awarded, who shall also, at the time of executing such contract, execute bonds for the faithful performance of the contract, to be approved by the said Superintendent. SEC. 4. Before making any awards, as provided in section Maps of line three of this Act, the said Board shall cause to be made, by the of sewers. said Superintendent, and filed in his office, a colored map or maps, indicating the boundaries above specified, and the land to be assessed in accordance with the provisions of this Act. The said map or maps, when completed, shall be certified to by the said Superintendent, and shall be the official maps for all purposes connected with the construction of said sewers and appurtenances, and the assessments to pay for all expenses incurred in and about the same, hereinafter provided for. SEC. 5. The said Superintendent shall have power to appoint Deputy Sua Deputy, whose compensation shall be fixed by the said Board perintendent of Supervisors, and whose duty it shall be to superintend, personally, the construction of said sewers, under the direction of said Superintendent, and to see that the contracts for the construction thereof are faithfully performed, or, in case they are not, to report the same to said Superintendent; and no payment shall be made on account of any contract made in pursuance of this Act, until the said Superintendent shall have certified that the work so to be paid for has been faithfully performed in conformity with such contract, and such certificate shall have been countersigned by the Auditor of said city and county. costs of SEC. 6. The said Board of Supervisors are hereby authorized Assessment and empowered to impose an assessment upon all the lots of for paying lands, or portion of lots, within the boundaries of the streets, sewers. and portions of streets, mentioned in section first of this Act, and those fronting on either side of the streets, or portion of streets, forming said boundaries, for the purpose of paying the expenses of constructing said sewers, the flood gates, and appurtenances, of engineering, of taking up and relaying the planking, pavement, and sidewalks, the compensation of all persons authorized to be appointed and employed in and about any of the work mentioned in this Act, and all other costs and expenses incident thereto, including the expense of said assessment. The said assessment shall be made upon the following basis: The lots of lands, or portions of lots, fronting on each side of Fifth street; the lots of land, or portions of lots, in the blocks formed by the crossing or intersection of other streets with Fifth street; the lots of land, or portion of lots, fronting on small or subdivision streets, lanes, alleys, or courts, terminating in Fifth street, shall be assessed in proportion to their frontage, to pay the expense of five dollars per linear foot of said sewer, when it is built of brick, and three dollars per linear foot, when of wood, and also the additional necessary expense of manholes, cesspools, culverts, and angular corners, complete; said assessment shall be made and collected in the manner which shall be provided by law for the collection of street assessments, at the time said assessment shall be made; provided, that the said Proviso. assessment may be made for each block of said sewer, and may be collected in the manner above provided and indicated, as soon as such block or crossing of said sewer shall be completed ac Expenses, and assessment of. Board of Engineers, duties of. Payments to contractors. cording to contract, and be certified to by said Superintendent, and countersigned by the Auditor, as above provided. SEC. 7. All the expenses, direct and incidental, incurred by virtue of this Act, for any and all the purposes specified herein, including those of engineering, taking up and relaying planking, pavements, and sidewalks, making assessments, paying the compensation of the persons employed by virtue hereof, and constructing said sewer, above those specially enumerated in section six of this Act, shall be assessed upon all the real estate lying within or fronting upon the boundaries described in section one of this Act, as a per centage assessment upon the taxable value thereof; provided, the same shall not exceed thirty cents on each one hundred dollars of taxable real estate. SEC. 8. It shall be the duty of the Board of Engineers, provided for in this Act, to make an estimate in detail of the costs of the work herein authorized, and return the same to the Board of Supervisors, and it shall be the duty of the said Board of Supervisors to make an assessment on the real estate named in section first of this Act; provided, the same shall not exceed thirty cents on each one hundred dollars of its assessed value; and the said assessments so made shall be a valid lien upon all such real estate, and shall be collected at the same time, and in the same way, as other taxes which are levied for State and municipal purposes, and paid into the General Fund. SEC. 9. When the collections, provided for in section seven of this Act, are made, the said Board of Supervisors may allow and order to be paid out of the General Fund, any and all sums of money becoming due on any contract made in pursuance of this Act, (excepting all moneys due and collectable under the provisions of section six of this Act,) or becoming due for the compensation of any of the persons employed by virtue of this Act, and to order that the money collected upon the assessment provided for by section seventh of this Act, shall, when collected, be paid into the General Fund, or so much of said moneys as shall equal the amount so paid out of the General Fund under the provisions of this section. SEC. 10. All Acts, and parts of Acts, so far as the same conflict with the provisions of this Act, are hereby repealed. Board of CHAP. CCCXXXV.-An Act to provide for the Government of the [Approved April 26, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Board of Education of the City of Sacramento shall be composed of two School Directors from each, the First, Second, Third, and Fourth, Supervisors' Districts, as said districts are now bounded and defined; and the electors residing within the limits of each of said districts, as said dis tricts are established on the day of the passage of this Act, shall, annually, on the first Monday in December, elect one person as a School Director, and the persons so selected shall qualify School and take office on the first Monday in January next succeeding Director. their election, and shall hold office for two years, and until their successors are elected and qualified; provided, however, the persons composing the Board of Education, on the day this Act goes into effect, shall continue in office during the respective terms for which they were elected, and be members of said Board until their respective successors are elected and qualified, under the provisions of this section. No member of the Board of Education shall receive any compensation whatever for the performance of any of his official duties. intendent. SEC. 2. On the first Monday in December, eighteen hundred City Superand sixty-three, and on the same day each two years thereafter, the electors throughout the city shall elect a City Superintendent of Common Schools, and the person so elected shall qualify and take office on the first Monday in January next succeeding his election, and shall hold office for two years, and until his successor is elected and qualified; provided, however, that the person holding the office on the day this Act goes into effect, shall continue in office during the term for which he was elected, and until his successor is elected and qualified, under the provisions of this section. The Superintendent shall receive a Salary. salary of twelve hundred dollars per annum, payable monthly, out of the City School Fund, and his office rent, not exceeding twenty-five dollars per month; and necessary office furniture shall be allowed him, out of the City Contingent Fund. Education, SEC. 3. The Board of Education shall hold stated meetings, Board of at the office of the Superintendent, on the first and last Mondays meetings. in the month of January, and on the last Monday in each other month, and either the President of the Board, or Superintendent, may, of his own volition, and shall, at the written request of two members, at any time, call a special meeting of the Board, by giving each member six hours written notice, by delivering it to him personally, or leaving it at his usual place of business or residence. SEC. 4. The Board of Education shall organize annually, on the first Monday in January, by electing one of its own members President, who shall be its executive officer, and preside at its meetings; but the President may call any other member to the chair, or, in his absence, the members present may choose a President pro tempore; and the Superintendent shall be Secretary of the. Board, but in case of his absence, any member of the Board may act as Secretary pro tempore. All meetings of the Board shall be public; all elections held by it shall be viva voce; and the name of the member voting, and for whom he voted, shall be recorded, on every election; and the ayes and noes on any question shall be called and recorded, on the demand of one member. Five members shall be a quorum to transact business, but a smaller number may adjourn from time to time. SEC. 5. The Board of Education shall have power: First-To receive, purchase, and hold, real estate and personal Powers. property, in trust, for the use of the Common Schools of the City of Sacramento, and to sell and convey the same; provided, how |