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ferry for the benefit of the county, and all persons crossing or desiring to cross the same, and provide for the annual renewal thereof;
2. Fix the amount of license tax to be paid by the person or corporation for taking tolls thereon, not less than three nor over one hundred dollars per month, payable annually ;
3. Fix the rate of tolls which may be collected for crossing the bridge or ferry, which must not raise annually an income exceeding fifteen per cent on the actual cost of the construction or erection and maintenance of the bridge or ferry for the first year, nor on the fair cash value, together with the repairs and maintenance thereof for any succeeding year ;
4. Make all necessary orders relative to the construction, erection, and business of licensed toll bridges or ferries which they have by law the power to make. The Board of Supervisors may, at any time they see fit, authorize and maintain fords across any water within any distance of any licensed toll bridge or ferry.
§ 2846. The license tax and rate of toll fixed as provided in the preceding section must not be increased or diminished during the term of twenty years, at any time, unless it is shown to the satisfaction of the Board of Supervisors that the receipts from tolls in any one year is disproportionate to the cost of construction or erection, or the fair cash value thereof, together with the cost of all necessary repairs and maintenance of the bridge or ferry. The license tax fixed by the Board of Supervisors must not exceed ten per cent of the tolls annually collected.
$ 2847. Every owner or keeper of a toll bridge or ferry must report annually to the Board of Supervisors from which his license is obtained, under oath, the following facts :
1. The actual cost of the construction erection and equipment of the toll bridge or ferry;
2. The repairs made during the preceding year, and the actual cost thereof;
3. The expense of labor and hire of agents, and other costs necessarily incurred in and about the conduct of their business;
4. The amount of tolls collected; and,
5. The estimated actual cash value of the bridge or ferry, exclusive of the franchise.
133 Cal. 578.
§ 2848. Whenever the Board of Supervisors are about to fix the license tax and rate of tolls on a bridge or ferry, they must make inquiry into the present actual cash value and the cost of all necessary repairs and maintenance thereof, and for that purpose may examine, under oath, the owner or keeper of the same, and other witnesses, and the assessed value of the bridge or ferry on the assessment roll of the county. When the estimate of the board is made, if the same is not agreed to by the owner or keeper of the bridge or ferry, the same must be fixed by three commissioners, one to be appointed by the Board of Supervisors, one by the owner and keeper, and the third by the County Judge, who must hear testimony and fix such value and cost according to the facts, and report the same to the Board of Supervisors, under oath. In all estimates of the fair cash value of the bridge or ferry, the value of the franchise must not be taken into consideration.
$ 2849. When the cost of construction or erection and equipment of the bridge or ferry, or the fair cash value thereof, together with the cost of needed repairs and the conduct and maintenance of the same, is ascertained and fixed for the preceding year, the board must on such ascertained amount fix the annual license tax, rate of tolls, and the amount of the penal bond, and direct a license to be issued by the clerk.
7 Cal. 117, 286 ; 133 Cal. 578.
An Act to enforce the collection of license taxes.
[Approved March 21, 1872; Stats. 1871-2, p. 539.] SECTION 1. Whenever any person who is required by law to pay a ferry or bridge license tax neglects to pay the same for the period of thirty days after the same is due or payable, the collector of such taxes must notify the District Attorney thereof, who must at once institute proceedings against such person.
SEC. 2. This Act shall be in force from and after its passage.
§ 2850. The bond required of the owner or keeper of the toll bridge or ferry must be in the sum fixed by the Board of Supervisors, with one or more sureties, and conditioned that the toll bridge or ferry will be kept in good repair and condition, and that the keeper will faithfully comply with the laws of the State and all legal orders of the Board of Supervisors regulating the same, and pay all damages recovered against him by any person injured or damaged by reason of delay at or defect in such bridge or ferry, or in any manner resulting from a non-compliance with the laws or lawful orders regulating the same. The bond must be approved by the president and filed with the clerk of the Board of Supervisors.
§ 2851. The license tax for a ferry or bridge connecting two counties must be paid to the Treasurer of the county granting it, and the license issued by the Auditor thereof; but the Treasurer of such county must pay to the Treasurer of the county in which the other end or landing of the bridge or ferry is located one half the sum so received annually, or the Auditor may issue the license on filing with him receipts for their respective halves of the tax taken from the Treasurer of each of the two counties.
§ 2852. When a Supervisor is interested in an application to erect, construct, or take tolls, or alter tolls on a bridge or ferry, he shall not act in any of such matters. [Amendment in effect April 3, 1880.]
§ 2853. No toll bridge or ferry must be established within one mile immediately above or below a regularly established ferry or toll bridge, unless the situation of a town or village, the crossing of a public highway, or the intersection of some creek or ravine renders it necessary for public convenience. In addition to the public notice hereinafter required, notice of intention to apply for authority to erect a toll bridge or ferry, as in this section provided, must be served upon the proprietor of the ferry or toll bridge already established at least ten days prior thereto, giving the time and place and grounds of such application.
114 Cal. 496; 134 Cal. 58.
§ 2854. The owner of land on either side of the waters to be crossed, and the owner of the land on the left bank descending over the owner of land on the right bank, is entitled to preference in procuring authority to construct a bridge or ferry; but where such owner fails or neglects to apply for such authority within a reasonable time after the necessity therefor arises, the Board of Supervisors may grant such authority to another.
19 Cal. 150; 29 Cal. 453.
§ 2855. When there are lands necessary for the construction, erection, or use of such bridge or ferry which cannot be procured by agreement between the owner or corporation and the land-owner, the right of way and all other lands necessary for the use and construction or erection thereof may be acquired by condemnation.
§ 2856. Every licensed toll bridge or ferry must have the rates of toll, as fixed by the Board of Supervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry.
§ 2857. The proceeds of the license tax on ferries and toll bridges must be paid into the County Treasury for the use of roads and highways, or may be used by the Board of Supervisors at any time in the purchase of toll roads and toll bridges.
§ 2858. All ferry and toll bridge keepers must keep the banks of the streams or waters at the landings of their ferries or bridges graded and in good order for the passage of vehicles. For every day compliance herewith is neglected twenty-five dollars is forfeited, to be collected for the use of the road fund of the county.
Article II. Toll Bridges.
SEC. 2870. Application for leave to construct.
2871. Hearing application.
§ 2870. Every applicant for authority to construct a toll bridge must publish a notice in at least one newspaper in each county in which the bridge or any part of it is to be, or if no paper is published therein, in an adjoining county, once in each week for six successive weeks, specifying the location, the length and breadth of the bridge, and the time at which the application hereinafter required will be made. After notice is given application must be made to the Board of Supervisors of the proper county, at any meeting specified in the notice, for authority to construct it.
$ 2871. On the hearing, any person may appear and be heard. The board may take testimony, or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of incorporation, certified by the Secretary of State, or by the clerk where they are filed, must be attached to and filed with the application if made by a corporation.
[Articles of incorporation, see Civil Code, Section 289, et seq.]
§ 2872. If the board are of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members of the board, grant the application by an order entered in its minutes, and particularly describing the bridge. The applicant must cause a certified copy of the order, with a copy of the application, to be recorded in the office of the Clerk of the county, before proceeding under it; provided,