Contractor SEC. 15. Any party to whom a contract may be awarded to give bond. under the provisions of this Act, shall execute a good and valid bond to the County of Mendocino, in a sum to be fixed by said Board, with at least two sufficient sureties, for the faithful performance of such contract within the stipulated time, such bond to be approved by the Chairman of the Board of Supervisors after having been first subjected to the inspection of the District Attorney. Whenever said Board shall be notified of the completion of such bridge, they shall appoint a competent and disinterested mechanic to inspect the same, in company with one of the members of said Board delegated for that purpose. Said Board shall allow such expert a reasonable compensation for his services, payable by a warrant drawn on said Special Road and Bridge Fund. If such contract is found to have been fully complied with, such bridge shall be received and a warrant drawn for the payment thereof on said Special Road and Bridge Fund. Additional bridge. Completion of road. Concerning road extending into SEC. 16. Said Board of Supervisors may also provide and contract for the construction of a bridge across the main Russian River, at such point above L. T. Long's dwelling as they think best, and all the preceding provisions of this Act, as far as practicable, shall apply to the location, construction, and payment for such bridge from the said Special Road and Bridge Fund. SEC. 17. The said Board is hereby further authorized to expend eight of such bonds, of the denomination of five hundred dollars each, in completing the road between Boonville and Point Arena; the maximum grade, ascent, and the width of said road to be fixed by said Board. And the preceding provisions of this Act, as far as practicable, shall be applicable for the publication of notice for proposals, the letting of contract for the construction, and the inspection, reception, and payment for such road; provided, however, that no proposal shall be entertained nor contract let which shall not contemplate the completion of the whole road; and provided further, that no part or portion of the proceeds of said bonds shall be expended in making further views or location of said road. SEC. 18. In the event, and only in the event that the Commission, the appointment of which is provided for in Humboldt. the Act entitled "An Act for the construction and completion of certain roads in the County of Humboldt," approved February twelfth, eighteen hundred and seventy-six, shall elect to locate the road provided for in said Act from a point near Block's store, in Humboldt County, to a point near the widow Wilson's dwelling, in Ten-mile Valley, in Mendocino County, then it shall become incumbent upon the Board of Supervisors of said county to appropriate twenty of the aforesaid bonds, if that sum be found necessary, of the denomination of five hundred dollars each, to the construction of that part of such road as may be situated in Mendocino County, and to let the contract for its construction within sixty days after such Board shall have received due notice thereof, and the preceding provisions of this Act, as far as practicable, shall be applicable for the publication of notice road extend for proposals, the letting of the contract for the construction, Concerning and the payment for such road; provided, however, that no pro- ing into posal shall be considered, nor contract awarded, which shall Humboldt. not contemplate the completion of all that part of such road situated in Mendocino County within the time specified by said Board, for a sum not exceeding ten thousand dollars, the par value of said bonds, and which shall not stipulate that the rise or descent in such road, longitudinally, shall in no place exceed twenty-two inches to the rod, and provide for a width of such road of at least seven feet solid ground, and for a suitable slope of the banks on the inside of grades not to exceed an angle of sixty degrees from a horizontal line, and that the road-bed shall have an even inclination. so as to be six inches lower on the inside of a curve than on its outside, and shall be level, laterally, where the road is straight, and that there shall be a slight descent, longitudinally, for at least ten feet each way into the center line of each curve, and for the construction of culverts and underdrains for the proper drainage of the road, and for suitable turnouts for teams, sufficiently near to each other to be in sight of the intermediate portions of the road; and further, that the contractor shall engage to keep said road in repair up to the fifteenth day of April of the ensuing the year in which the road shall have been accepted as completed by said Board of Supervisors, and providing for the retention of one-fourth of the contract price until said Board shall have received satisfactory evidence that such road has been duly kept in repair up to the time hereinbefore provided. Before the acceptance of such road as completed, said Board shall appoint the County Surveyor, or some suitable expert, to ascertain whether the contract has been fully complied with, and upon a favorable report, the said Board shall provide for the payment of three-fourths of the contract price, and upon a like inspection being made and a favorable report being received after the time has expired for which the contractor is bound to keep such road in repair, the said Board shall provide for the payment of the remaining one-fourth part of the contract price. contractor. SEC. 19. In case of the failure of any contractor to comply Action with the provisions of his contract, said Board of Supervisors against shall commence an action for damages on the contractor's bonds, and may proceed to contract anew for the same work, in the manner hereinbefore provided. track may cross bridge. SEC. 20. The said Board of Supervisors may, in contract- Railroad ing for the purchase of the bridge across the Navarra River, under the foregoing provisions of this Act, provide that the present owners of such bridge and their assigns shall continue to have the privilege of having a railroad track laid over such bridge, and to use the same for the purpose of the transportation of lumber; but the passage of such bridge as a public highway shall not be materially obstructed, and that such parties engage to keep such bridge at all times in thorough repair, without cost to the county or road district; and that whenever such conditions are no longer complied with, such privilege shall cease; and provided further, that it shall be discretionary with said Board of Supervisors whether they shall purchase the Albion Bridge or not. SEC. 21. In making all or any contracts the Board of Supervisors may use and provide for paying out the bonds. issued under the provisions of this Act, at their par value. SEC. 22. This Act shall take effect from and after its passage. Trustees to CHAP. CCLXXXVII.-An Act to provide for the issuance of bonds of the Town of San Luis Obispo. [Approved March 20, 1876.] The People of the State of California, represented in Senate and SECTION 1. The Board of Trustees of the Town of San issue bonds. Luis Obispo are hereby authorized and empowered to issue and sell bonds of the Town of San Luis Obispo to an amount not to exceed the sum of fifteen thousand dollars, payable in gold coin of the United States at the office of the Town Treasurer, in the Town of San Luis Obispo, on or before the first day of January, in the year eighteen hundred and ninety-six, bearing interest not to exceed the rate of eight per cent. per annum, and payable annually on the first day of January in each year, in the gold coin of the United States, at the office of the Town Treasurer, in the said town. Coupons. Trustees to sell bonds. SEC. 2. Said bonds shall be in sums of one hundred dollars each, and shall be signed by the President of the Board of Trustees and by the Treasurer of the said town, and shall have the seal of said town affixed thereto, attested by the Clerk of the Board of Trustees of said town; coupons for the interest shall be attached to each bond, signed by the Treasurer of said town. SEC. 3. Before the sale of said bonds, the Board of Trustees shall, at a regular meeting of the Board, cause to be entered upon the records of said Board, an order directing the sale of a special amount of said bonds, and the day and hour of such sale, and shall cause an order of such sale to be inserted in a newspaper printed and published in said town, and in other newspapers, if they shall deem such additional publication necessary and proper, for at least twenty days, and a notice that sealed proposals will be received by said Board for the purchase of said bonds. On the day and hour named in said order and published notice, the said Board of Trustees shall open all sealed proposals received by them and shall award the purchase of said bonds to the highest responsible bidder; provided, that the said Board may reject any and all bids; and provided, that no sale shall be made for a less rate than ninety-three per cent. of the par value of said bonds. SEC. 4. The amount of bonds sold, and their number, shall be entered upon the records of said Board, in a book kept for that purpose; provided, that if at the time specified in the order and published notice, as provided for by section three of this Act, no bonds are sold, or the amount of money realized from the sale of bonds at that time shall not equal the amount of the floating debt of the said town, then, and in either case, the said Board may again offer for sale the said bonds as provided for in said section. be erected. SEC. 5. All the money arising from the sale of bonds, as City hall herein provided, shall be paid into the town treasury of the and jail to said town, to the account of such funds as the Board of Trustees shall direct, and shall be used in the payment of the floating debt of said town; provided, that if any sums of money are remaining as a balance after the payment of the said floating debt, the amount of money so remaining may be used by the said Board of Trustees, first, in the erection of a city hall and jail in one building; second, in the erection of an engine-house; provided, that if, in the opinion of the said Board of Trustees, a city hall and jail, and an engine-house, each suited for the purposes and uses for which it is intended, can be erected in one building, then and in that case the said Board of Trustees may appropriate and use the said balance remaining in the erection of the said building together, in one structure. SEC. 6. For the payment within twenty years of the prin- Interest tax. cipal and interest of the bonds issued under this Act, the Board of Trustees of said town is hereby authorized and required to levy annually, at the same time and in the same manner as other town taxes are levied, a tax on all the taxable property in said town, and to fix the rate of per cent. of such tax, over and above the amount provided by the Acts incorporating said town, sufficient to pay the interest on all bonds sold and unredeemed, as herein provided, not exceeding one per cent.; and the fund derived from this tax shall be set apart and applied exclusively to the payment of the interest on the bonds herein provided; and in the year eighteen hundred and eighty-two, and annually thereafter, in addition to the tax for the payment of the interest as aforesaid, a tax, not exceeding one-fourth of one per cent. on each one hundred dollars of the taxable property in the said town, shall be levied as aforesaid, to create a fund to be known as the Redemption Bond Sinking Fund, for the final Redemption redemption of the said principal of said bonds at the time Fund. when they shall become due; and the faith and credit of said town is hereby pledged for the prompt payment of the bonds issued by said town as herein provided, and the final and complete redemption thereof; and any money so received by taxation shall not be applied or used for any other purpose than as herein provided. SEC. 7. On the first Monday in January in the year Notice of eighteen hundred and eighty-three, and in each year there- redemption. after, whenever there remains in the sinking fund aforesaid the sum of five hundred dollars more than will pay the interest then due, the Town Treasurer shall advertise for four weeks, in a newspaper printed and published in the said town, for sealed proposals, to be opened ten days after Notice of redemption. Treasurer to report. Treasurer to pay interest. the last of said publications, by the Town Treasurer, in presence of the President of the Board of Trustees of said town, for the surrender of bonds issued under this Act. The said advertisement shall state the amount of money on hand for the purposes of redemption; and they shall accept the lowest proposals, at the rates not exceeding par value, as may redeem the greatest amount of bonds, until the amount of cash on hand is exhausted; provided, however, that in case a sufficient amount of such bonds shall not be offered as aforesaid to exhaust the sinking fund as appropriated to the payment of the principal of said bonds, then it is hereby made the duty of the Town Treasurer to advertise, in a newspaper printed and published in the Town of San Luis Obispo, for two months, which advertisement shall state the amount in the sinking fund appropriated for the payment of bonds, as provided in this Act, and the number of bonds, numbering them in the order of their issuance, which said fund is set apart to pay and discharge; and if such bonds, so numbered in said advertisement, shall not be presented for payment and cancellation within ten days after the expiration of publication of such notice, then said fund shall remain in the town treasury to discharge said bonds whenever presented; but such bonds shall not draw interest after the expiration of said ten days, after publication of notice as last aforesaid. SEC. 8. The Town Treasurer shall keep a full and true account and record of his proceedings under this Act, and of bonds issued, sold, surrendered, and redeemed; and he shall transmit to the Board of Trustees an annual report, showing all his proceedings under this Act. SEC. 9. It shall be the duty of the Town Treasurer to pay the interest on said bonds, when the same falls due, out of money in the sinking fund appropriated to the payment of the interest thereon; and if the money in the said sinking fund is not sufficient to make such payment, then to pay said interest out of the General Fund. SEC. 10. Immediately after the passage of this Act the Town Treasurer shall provide suitable bonds under this Act, under the direction of the Board of Trustees, at the expense of said town. SEC. 11. Should said town be changed into a city before said bonds are issued and sold, the city succeeding to the present town government shall have power to carry out and execute the provisions of this Act, and may issue and sell said bonds in the manner prescribed herein; and said city shall succeed to all liability of the town on account thereof. In that case, said bonds shall be issued as the bonds of the city. SEC. 12. This Act shall take effect and be in force from and after its passage. |