System of town governments not established-by Legislature, as required by Const Cal. 1849, § 4, art. 11, 48 Cal. 280, 320. City-what constitutes, § 4356. Municipal corporation-see § 4356n. 4355. Every city has legislative, executive, and judicial power. Its legislative power is vested in a Common Council; its executive powerin a Mayor and his subordinate officers; and its judicial power in a Police Court. Municipal authorities-power of, 45 Cal. 11; must strictly follow statute under which they are empowered to act, 49 Cal. 571; one of, when should not join in conveyance of land of city, 44 Cal. 106. 4356. Every subdivision of a county not exceeding in extent six square miles, with not less than two thousand inhabitants, with its metes and bounds fixed and defined, and declared by Act of the Legislature to be a "municipal corporation," isa city with the powers conferred by this Title. Incorporated cities-character and liabilities of, 45 Cal. 36. Municipal corporation-power of, see 53 Cal. 247; is subordinate subdivision of State Government under complete control of Legislature (so long as obligation of contracts not impaired), 42 Cal. 542, 557; discretionary power of Legislature to appropriate moneys of, in payment of equitable claims of individuals, 42 Cal. 450; or to compel payment of demands (as for opening or extension of streets) for which no legal liability, 4l Cal. 525, 529-30; member of Board of Trustees of, not justified in joining in conveyance of land by the city to a corporation of which he is a stockholder or Director, where Board has discretionary power as to the extent of the conveyance, 44 Cal. 106. 4357. The boundary of a city may be changed by an Act of the Legislature, on petition of a majority of the Common Council, presented in pursuance of a city ordinance, or, as hereinafter provided, by the Board of Supervisors. 4358. Sections four thousand three hundred and fiftyeight to four thousand three hundred and sixty-five, both inclusive, of the Political Code, are hereby repealed. [In effect March 28, 1874.] 4366. The Act of the Legislature declaring a city to be ⚫ a "municipal corporation" must fix a day for the first election of city officers, and fix the number of members of the "Common Council" to be elected for the first year. 4367. Notice of the first election of city officers must be given by the County Judge of the county, by publishing the same in a newspaper published in the city for four weeks successively, designating the officers to be elected, the polling places, and the officers of election. The returns must be made to the County Judge, who must count and declare the vote, and issue certificates of election. County Judge-see $ 4110n. 4368. The qualified electors of the city who have resided within the city limits for thirty days next preceding the election are qualified to vote at all city elections. 4369. The Common Council must, during the first year, by ordinance, fix the term of office of all elective officers and the time when they must be elected, and provide for the appointment of other necessary officers, including City Clerk, City Attorney, and Treasurer, and fix their terms and amount of their bonds. (Approved March 30; in effect July 6, 1874.] 4370. The elective officers of cities are: A Mayor, a Marshal, a Police Judge, Assessor and Collector of taxes, and a Common Council consisting of not less than three members. They must be electors of the city, and qualify by taking the statutory oath of office, and, except the first officers elected, hold office for a term to be fixed by the Common Council, not exceeding two years. [Approved March 30; in effect July 6, 1874.] 4371. The direct taxes imposed by the Common Council in any one year must not exceed two per centum of the valuation of property within the city. 4372. Whenever it becomes necessary for the city to take private property for the purposes of laylng out or altering streets or alleys, and the Council cannot agree with the owner thereof as to the price to be paid. the Council may direct proceedings to be taken under Title VII, Part III of the Code of Civil Procedure, to procure the same. Eminent Domain-Code Civ. Proc., §§ 1237-1263. 4373. If any person elected to a city office removes from the city, absents himself for more than thirty days without leave from the Council, or fails to qualify within ten days after election, his office is vacant. Basis of section-Stats. 1850, p. 91. 4374. All city officers, before entering upon their duties, must take the oath of office. The Marshal, Attorney, Clerk, Assessor, Collector, and Treasurer must also give a bond, with sureties to be approved by the Mayor, payable to the corporation by its corporate name, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their office; and a like bond may be required of any officer whose office is created by an ordinance. Should the bond of any city officer become insufficient, he may be required to give additional bond, and, upon his failure so to do, liis office must be deemed vacant. [Approved March 30; in effect July 6, 1874.] Before amendment 1874-word "collector" omitted, and section based on Stats. 1850, p. 91. 4385. The executive officers of a city are the Mayor, Marshal, and such officers for the assessment, collection, auditing, safe keeping, and disbursing the revenue and keeping the records and journals of the city, as the Common Council may provide. 4386. The Mayor has power: 1. To nominate, and with the consent of the Common Council, to appoint all non-elective officers of the city provided for by the Common Council, including City Attorney, Secretary of the Council, and City Treasurer; 2. To suspend, and with the consent of the Common Council, to remove any non-elected officer, stating in the suspension or removal the causo thereof; 3. To cause the ordinances of the city to be executed, and to supervise the discharge of official duty by all subordinate officers; 4. To communicate to the Common Council, at the beginning of every session, and oftener if deemed necessary, a statement of the affairs of the city, with such recommendations as he may deem proper; 5. To recommend to the Common Council such measures connected with the public health, cleanliness, and ornament of the city, and the improvement of the government and finances, as he deems expedient; 6. To approve all ordinances of the Common Council adopted by it, and in case the same do not meet his approbation, to return the same, with his objections, within five days after he receives the same. [Approved March 30; in effect July 6, 1874.] Before amendment 1874-subd. 1 contained Assessor and Collector of Revenue in list of included officers. Section was then based on Stats. 1850, p. 87. 4387. All accounts and demands against said city must be audited by the President of the Common Council, and no money must be drawn from the City Treasury unless upon the certificate of the President, by order of the Council. The certificate must be drawn upon the Treasurer of the city, and must specify the fund out of which the same is payable. The Treasurer must pay the same out of any money in his hands belonging to such fund. Basis of section-Stats. 1850, p. 87. 4388. The Mayor is the President of the Common Council, must sign the journals thereof, decide by his voice all tie votes, must sign the warrants on the City Treasurer, and is the keeper of the City Seal. 4389. The City Marshal, in addition to the duties prescribed by the Common Council, must execute and return all process issued by the Police Judge, or directed to him by any legal authority, and attend upon the Police Court regularly. He may appoint one or more deputies; and must arrest all persons guilty of a breach of the peace or for the violation of any city ordinance, and bring them before the Police Judge for trial, and has superintending control over the city police; and, until otherwise provided by ordinance, must perform all duties of Collector of city taxes. Police Judge-and Court, § 4424 et seq. 4390. The Assessor, in addition to the duties prescribed by the Common Council, must make out, within such time as the Common Council orders, a correct list of all the taxable property within the city limits, with the valuation thereof, which list, certified by him, must be returned to the Common Council. The mode of making out the list and of ascertaining the value of property, and of collecting all taxes, is the same as prescribed in this Code for assessing and ollecting the State tax. Basis of section-and of next, Stats. 1850, p. 87. 4391. The City Attorney must attend to all suits, matters, and things in which the city may be legally interested; to give his advice or opinion in writing whenever required by the Mayor or Common Council, and do and perform all such things touching his office as by the Common Council may be required of him. 4392. The Treasurer must receive all moneys that come to the city, either from taxation or otherwise, and pay the same out on the certificate of the President of the Common Council, and do and perform all other acts as are prescribed for him by the Common Council. He must, on the first days of January, April, July, and October of each year, make out and present to the Mayor a full and complete statement of the receipts and expenditures of the preceding three months, which statement the Mayor must cause to be published. Treasurer-prohibited by city ordinance from paying claims against the city before they have been audited and approved by the Common Council, cannot be compelled, by mandamus, to previously pay such claims, 49 Cal. 512. 4393. The City Clerk is Clerk of the Common Council; must keep the journal of their proceedings and all records of the city; he must keep the accounts of the city, and countersign all warrants on the City Treasurer; keep a true account thereof and of the financial condition of the city, and do such other things as the Common Council may by ordinance provide. |