CHAPTER XXX. AN ACT To Incorporate the City of Marysville. [Approved March 5, 1855.] The People of the State of California, represented in Senate and ARTICLE I. OF BOUNDARIES, GENERAL POWERS, AND THE FORMATION OF WARDS. Name and SECTION 1. The district of country in the county of Yuba, which is Boundary. contained within the boundaries hereinafter described, shall be a city by the name of Marysville, and the inhabitants residing therein shall be a corporation, under the name and style of the "Mayor and Common Council of the City of Marysville," and by that name they and their Succession. successors in office shall be known in law, have perpetual succession, sue and be sued, complain and defend in all courts and in all actions and proceedings, and may purchase, hold and receive property, real and May hold personal, within said city, may lease, sell and dispose of the same for the property. benefit of the city, may provide for the regulation and use of all commons belonging to the city, and may have a common seal and alter the Seal. same at pleasure; provided, that they shall not purchase any real estate, Proviso. other than such lands or lots within the same, as shall be necessary for Real estate. the erection thereon of public buildings, or for the laying out of streets or public grounds, or as may be required for burial places. Commons. of Wards. SEC. 2. The said city shall be divided into four wards, as follows: Boundaries One, All that part of the city which lies west of Main (or E) street, shall be the First Ward; Two, All that part of the city which lies between E street and D street shall be the Second Ward; Three, All that part of the city which lies between D street and C street shall be the Third Ward; Four, All that part of the city which lies east of C street shall be the Fourth Ward. SEC. 3. The Common Council shall have power to alter from time To alter to time by a vote of two-thirds of all the members, the boundaries of boundaries. the wards; provided, such alteration be made at least three months pre- Proviso. vious to the annual election of city officers. ARTICLE II. OF THE OFFICERS OF THE CITY AND THEIR ELECTION. SEC. 1. The officers of the city of Marysville, shall consist of one Mayor, one Recorder, twelve Aldermen, one Treasurer, one Clerk, one Marshal, one Attorney, and such other officers as are hereinafter authorized to be appointed. Officers. Mayorhow elected and term. Aldermen. Recorder. Marshal. Treasurer. Clerk. Attorney. Qualifications of Mayor, Recorder, etc. Of Aldermen. Of Voters. Proviso. Fraudulent voting. Fine. Election. Notice of SEC. 2. The Mayor shall be elected by the qualified electors of the city, and shall hold his office for one year, and until his successor is elected and qualified. SEC. 3. Three Aldermen shall be elected by the qualified electors of each ward, and shall hold their offices for one year, and until their successors are elected and qualified. SEC. 4. The Recorder shall be elected by the qualified electors of the city, and shall hold his office for one year, and until his successor shall be elected and qualified. SEC. 5. The Marshal shall be elected by the qualified electors of the city, and shall hold his office for one year, and until his successor shall be elected and qualified. SEC. 6 The Treasurer shall be elected by the qualified electors of the city, and shall hold his office for one year, and until his successor shall be elected and qualified. SEC. 7. The Clerk shall be elected by the qualified electors of the city, and shall hold his office for one year, and until his successor shall be elected and qualified. SEC. 8. The Attorney shall be elected by the qualified electors of the city, and shall hold his office for one year, and until his successor is elected and qualified. SEC. 9. No person shall be eligible to the office of Mayor, Recorder, or other office, who is not a citizen of the United States, and who has not been a resident of the State for one year, and of the city of Marysville six months next preceding his election. SEC. 10. No person shall be eligible to the office of Alderman, except while he is a resident of the ward for which he has been elected, and no person shall be elected to represent, in the Common Council, any other than the ward in which he resides, at the time of the election. SEC. 11. No person shall be entitled to vote at any city election or for any city officer who is not a white male citizen of the age of twentyone years or over, and who has not been a resident of the State six months, of the city thirty days, and of the ward in which he offers his vote, at least ten days next preceding the election; provided, that those who may remove with their families from one ward to another, immediately prior to such election shall be entitled to vote in the ward to which they have removed. If any person not having the legal qualifications of an elector, shall fraudulently vote, or shall fraudulently attempt to vote, at any election, such person, on conviction thereof, shall be fined in any sum, not less than twenty, nor more than two hundred dollars. If any elector shall vote more than once at any election, or shall knowingly hand in two or more tickets folded together, or shall attempt to vote more than once at the same election, he shall, on conviction thereof, be fined in any sum not exceeding five hundred dollars. SEC. 12. The election for Mayor, Recorder, Alderman, Treasurer, Clerk, Marshal and Attorney, shall take place on the third Monday of March in each year. It shall be the duty of the Mayor, at least twenty time, place, etc. days before such election, to issue his proclamation, designating the day of the election, and the offices to be filled. A copy of such proclamation shall be set up in some public place in each ward of the city, and shall be inserted in one or more newspapers published within said city. SEC. 13. All the provisions of the laws of this State regulating elections, and defining the powers and duties of the officers thereof shall apply to the electors under this Act, except that two inspectors and one clerk shall be the only officers of election in each ward in the city, who Publication, Elections. Inspector's appointed. shall be appointed by the Common Council of the city, and except that How of election. SEC. 14. The Inspectors and Clerk of each ward shall deliver to the Certificate three persons receiving the highest number of votes in the ward, a certificate of election as Alderman, and shall also transmit to the Clerk of the city a statement showing the number of votes cast in the ward, and for whom the same were cast with the number for each person. SEE. 15. The Inspectors of each ward shall make sealed returns to Returns. the Clerk of the city, of the votes given for persons to fill the office of Mayor, Recorder, Treasurer, Clerk, Marshal and Attorney; such returns shall be opened and counted in the presence of the Common Council, and a certificate of election issued under their direction to the person receiving the highest number of votes for each of these offices. Certificate. Enter upon SEC. 16. The Mayor, Aldermen, Recorder, Treasurer, Clerk, Marshal and Attorney shall enter upon their duties on the first Monday of duties. April next ensuing to their election. Before entering upon their duties, they shall take the oath of office, which may be administered by Oath of any Judge or Justice of the Peace, or any other person authorized by law to administer oaths. office. SEC. 17. The Common Council at their first meeting after the an- President,, nual election, and at any other meeting, when from any cause it may become necessary, shall elect by ballot a President from their own body, duties of. who shall preside at all their meetings, when the Mayor is not present, and whenever there is a vacancy in the office of Mayor, or whenever the Mayor is absent from the city, or is unable from from sickness or from any other cause to discharge the duties of his office, the President shall act as Mayor, and possess all the powers, and perform all the duties of the Mayor during such vacancy or disability. Vacancies. How filled. Special SEC. 18. Whenever a vacancy shall occur in the office of Marshal, Recorder, Alderman, Treasurer, Clerk or Attorney by death, resignation, removal or otherwise the Common Council shall forthwith order a special election to fill such vacancy, and shall give notice of the same by publication for not less than ten nor more than twenty days in one or elections. more newspapers published in said city, and it shall be the duty of the Mayor to issue his proclamation accordingly, the person so elected to fill Term of any vacancy shall hold his office for the residue only of the term of his predecessor; and, until a Treasurer, Clerk, Marshal or Attorney can be Power to elected the Common Council shall have the power to appoint some one appoint. to act temporarily as Marshal. office. officers. SEC. 19. The Common Council shall have power to elect such infe- Inferior rior officers as they may deem necessary in the government of the city, and in all elections they shall vote by ballot. ARTICLE III. Council. OF THE COMMON COUNCIL, AND THEIR POWERS AND DUTIES. SECTION 1. The Mayor and Aldermen of the city shall constitute Common the Common Council, which shall meet on the first Monday in April subsequent to the annual election, and the first Monday of each subsequent month in the year, and at such other times as they shall by resolution direct. The Mayor may call special meetings at any time by Time of written notice to each member, served personally, or left at his place of meeting. Quorum. To compel attendance. Who to vote. Rules. Sittings. Journal. Duties, fees and salaries of officers. By-laws. Revenue. Exception. School tax. Interest tax. Street tax. residence or business. At all meetings of the Common Council the Mayor, when present, shall preside. SEC. 2. A majority of the Aldermen of said city shall constitute a quorum for the transaction of business, but a smaller number may compel the attendance of absent members, and no tax or assessment shall be ordered except by a vote of a majority of all the members. SEC. 3. In the proceedings of the Common Council each member present shall have a vote, except the Mayor, who shall have only a casting vote when the votes of the other members are tied. SEC. 4. The Common Council shall determine the rules of their proceedings and the qualifications and elections of their members. SEC. 5. The sittings of the Common Council shall be open to the public, except when the interest of the city shall require secresy. A journal of their proceedings shall be kept by the Clerk under their direction, and the yeas and nays on any question shall be taken and entered on the journals, at the request of any two members. SEC. 6. The Common Council shall define the duties of the officers elected by them, whose duties are not herein prescribed, and shall determine the fees and salaries of the officers elected by them under this Act. SEC. 7. The Common Council shall have power within the cityFirst, To make by-laws and ordinances not repugnant to the Constitution and laws of this State; Second, To levy and collect for revenue purposes of the city, taxes on all property real and personal made taxable by law for state purposes, not exceeding two per centum per annum upon the assessed value of such property; provided, that all real estate within the city limits, used expressly for farming purposes and known as suburban lots, shall be exempt from paying city taxes; Third, To levy and collect in addition to the general tax, a special tax for school purposes of twenty-five cents on every hundred dollars' worth of real and personal property within the city, made taxable by this Act; Fourth, To levy and collect a special tax not exceeding fifty cents on the one hundred dollars in each year on all property real and personal in said city, male taxable by thie Act, for the payment of all interest moneys on any or all sums of money borrowed by virtue and authority of, and in accordance with, the provisions of this Act; Fifth, To make special assessments of taxes for altering, widening, filling up, grading, graveling, or otherwise improving any street, alley or public ground of the city, amounting to the whole cost of such improvements, upon the real property situated upon either side of the street, alley or public ground to be improved, according to the benefit to accrue thereby, to such perty; to be computed by three persons chosen by the Common Council for that purpose, and who, before entering upon their duties shall be sworn to make such computation faithfully and impartially, and shall make their report to the Common Council in writing, under their hands; and the concurrent report of any two of whom may be received as final in the premises; provided, that the owners of two-thirds of the real estate on either side of any street, alley or public ground, shall petition the Common Council for such improvement; Sixth, To provide for the draining, grading, paving, improvement, repairs and lighting of the streets, and the construction of sidewalks, drains and sewers, and keeping the same in repair, and the cleaning of the drains and sewers; and the prevention and removal of obstructions on the sidewalks, and on all Banks of rivers. streets and public grounds of the city; Seventh, To grade the banks of the Yuba and Feather rivers, so as to facilitate the discharge of mer Assessment, Report to Proviso. Improvement of streets, etc. pro steamboats. Obstructions chandise from steamers, vessels and boats; Eighth, To regulate the landing and stationing of steamers, vessels and boats, and to fix and Landing of collect a revenue tax for landing and moving the same within the city limits; Ninth, To provide for the removal of obstructions to navigation in the Yuba river from its mouth to the upper landing at the Public in Yuba River. Plaza; to remove snags or beds of gravel, or other obstructions, and otherwise improve the navigation of the said river, from its mouth to the foot of A street, when the same does not exceed the sum of two thousand cost. dollars; and when the estimated cost of any improvement of said river, within said boundaries exceeds said sum, then a proposition shall be Submitted to submitted to the people, after twenty days' published notice of the same, the people. in a public newspaper printed in the city, and if two-thirds of all the Two-third vote. votes cast at such election be in favor of such proposition, the Common Council shall authorize the appropriation of the moneys, or the pledging of city securities, contemplated by the proposition upon which the vote houses. rooms, etc. is ordered; Tenth, To provide for the prevention and extinguishment Fires and fire of fires and to organize and establish fire companies; Eleventh, To companies. regulate the storage of gun-powder, tar, pitch, resin, and other extremely Combustibles. combustible materials; Twelfth, To establish and regulate a city po- Police. lice; Thirteenth, To prevent and remove nuisances; Fourteenth, To Nuisances. prevent and restrain any riot or disorderly assemblage in any street or Riots. place of the city; Fifteenth, To impose and appropriate fines, forfeit- Fines and ures and penalties for the breach of any ordinance, and to provide for penalties. the punishment of breaches of the ordinances; but no fine shall be imposed of more than five hundred dollars; and no offender shall be imprisoned for a longer term than three months; Sixteenth, To remove from the immediate vicinity of the inhabited parts of the city, all slaughterslaughter-houses, hog-pens, hay-stacks, brick-kilns and yards, forges and Hog-pens. blacksmith shops; Seventeenth, To license and regulate auctioneers and Auctioneers. taverns, bar-rooms, billiard-tables, bowling-alleys, theatrical and other Taverns, barexhibitions, shows and amusements; provided, no license tax shall be Proviso. assessed by the Common Council of said city for any hotel, tavern, pub. License. lic house, or bowling-alley, exceeding for each, twenty dollars a month; Eighteenth, To license, tax, regulate, prohibit and suppress tippling houses, dram shops, gaming and gambling houses, and hawkers and pedlars, and pawn-brokers, and to suppress disorderly houses and houses public buildings. of ill-fame; Nineteenth, To provide for the erection of all public buildings for the use of the city; Twentieth, To establish a city hospital, and provide for the support of the indigent sick; Twenty-first, To construct a bridge across the Yuba river, at the eastern extremity of Bridge. the Public Plaza, or east of the Public Plaza; to authorize its construction upon such terms as so a division of the proceeds from its tolls may be just, and to regulate the rates of tolls; Twenty-second, To borrow money upon the faith and credit of the city, but no loan shall be made money. for a sum exceeding five thousand dollars, including the amount of any previous indebtedness, without the consent to such loan, of the electors Stock or loan. of the city previously obtained; Twenty third, If the Common Council desire to take stock in any public improvement or effect a loan for any purpose, for a sum exceeding five thousand dollars, they shall sub- Submit to mit a proposition for taking such stock or effecting such loan, stating the the people. amount of loan or stock to the electors of the City of Marysville at a special election to be held for the purpose, upon the Common Council giving twenty days' published notice of the same; and if two-thirds of the electors vote in favor of such proposition or propositions, the Common Council shall have power to effect such loan or take such stock, but not Hospital. To borrow $5,000. |