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Third-To cause the ordinances of the city to be executed, and to supervise the discharge of official duty by all subordinate officers.

Fourth-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.

Fifth-To recommend to the cominon 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.

Sixth-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.

| Amend. ment approved 1874; Code Amdts. 1873–74, p. 59.]

Approval of ordinances by mayor: See post, $ 4414.
Time for return of ordinances: See post, $ 4414.

Legislation § 4386. 1. Enacted March 12, 1872; based on Stats. 1850, p. 90, $ 22. 2. Amended by Code Amdts. 1873–74, p. 59.

§ 4387. Accounts and demands, how audited and paid. 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.

Duties of treasurer: See post, $ 4392.

Legislation § 4387. Enacted March 12, 1872; based on Stats. 1850, p. 89, $ 19.

§ 4388. Mayor president of the common council. 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.

Mayor is president of common council: See post, $ 4403.

Legislation 4388. Enacted March 12, 1872 § 4389. Duties of city marshal. 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: Post, $$ 4424 et seq.

Legislation § 4389. Enacted March 12, 1872. § 4390. Duties of assessor. 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 the 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 collecting the state tax.

Legislation § 1390. Enacted March 12, 1872; based on Stats. 1850, p. 90, $ 26.

§ 4391. Duties of city attorney. 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.

Legislation § 4391. Enacted March 12, 1872; based on Stats. 1850, P. 90, § 27.

§ 4392. Duties of treasurer. 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 st 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.

Duties of treasurer: See ante, $ 4387.

Legislation § 4392. Enacted March 12, 1872. § 4393. Duties of clerk. 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.

Legislation & 4393. Enacted March 12, 1872.

CHAPTER III.

Legislative Powers.
$ 1103. Common council.
$ 1404. Wards, and number of.
$ 4405. First meeting.
$ 4406. Quorum.
$ 1407. May make rules, etc.
§ 4408. Additional powers of common council.
$ 1409. Street improvements, how made.
$ 4410. To grant authority to gas and water companies.
$ 411. Reservations by cities.
$ 112. Contract for gas and water.
$ 4113. Restrictions and conditions to be imposed.

$ 1414. Ordinance, how vetoed, and how passed over veto. § 4403. Common council. The common council consists of not less than three citizens of the city, elected one from each of the wards. The mayor is the presiding officer thereof.

Number of common council: See ante, $ 4370.
Mayor is president of common council: See ante, $ 4388.
Legislation § 4403. Enacted March 12, 1872.

§ 4404. Wards, and number of. The common council has power to divide the city into a convenient number of wards, fix the boundaries thereto, and may change the same from time to time as they see fit, having regard to the number of white male inhabitants, so that each ward contains as near as may be the same number of inhabitants. The number of wards of any city must not exceed the number of councilmen to which the city is entitled; and when a city has been so divided the councilmen must be elected from the several wards respectively, according to the number of inhabitants.

Legislation § 4404. Enacted March 12, 1872; based on Stats. 1850, p. 88, 89.

§ 4405. First meeting. The members of the common council must assemble within five days after their election, and choose some suitable person as clerk. In case of the absence of the mayor they may elect a president pro tempore, who has all the powers and must perform all the duties of president. They must, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the mayor at any time.

Legislation § 4405. Enacted March 12, 1872; based on Stats. 1850, p. 88, $ 10.

§ 4406. Quorum. A majority of the members of the common council constitutes a quorum to do business; but a less number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the council may, by ordinance, prescribe.

Legislation § 4406. Enacted March 12, 1872; based on Stats. 1850, p. 88, § 10.

§ 4407. May, make rules, etc. The common council is the judge of the qualifications, elections, and returns of their own members and the other officers elected under the provisions of this title. They may determine contested elections; they may provide rules for their own proceedings, punish any member or other person for disorderly conduct in their presence, and, with the concurrence of two thirds of their number, expel any member, but not a second time for the same cause; they must keep a journal of their proceedings, and at the desire of any member must cause the yeas and nays to be taken and entered on any question; and their proceedings must be public.

Legislation § 4407. Enacter March 12, 1872.

§ 4408. Additional powers of common council. The common council has power:

1. To create the offices of city clerk, city attorney, assessor, and collector, and such other offices as may be necessary, and prescribe their duties and fix their compensation.

2. To establish and fix the salaries of the mayor, police judge, and other city officers, and also fix a tariff of fees for the officers entitled to such, designating the fees allowed for each particular item of service, and cause the same to be published in like manner with the ordinances passed by the common council.

3. To manage the finances and property of the city.

4. To regulate the streets, wharves, piers, and chutes in the city, and the use thereof.

5. To establish or authorize slaughter-houses and markets, and regulate the same.

6. To provide for lighting, watering, and cleaning the city, and protecting it against fire.

7. To license and regulate hacks, cabs, carts, omnibuses, railway cars, and all other vehicles, butchers, porters, pawnbrokers, peddlers, showmen, and junk-shop keepers, theaters, and all other places of public amusement.

8. To provide for licensing any or all business not prohibited by law, and fix the amount of license tax for the same.

9. To regulate the keeping and use of animals, and the keeping and use of gunpowder and other dangerous substances.

10. To suppress gaming, gambling-houses, and other disorderly houses, nuisances of every description, and all kinds of vice and immorality.

11. To prohibit the burial of the dead within the city, except at such places and in such manner as the common council may determine.

12. To establish and regulate a police department. 13. To establish and regulate a fire department.

14. To impose penalties for the violation of ordinances; but no single penalty must exceed a fine of five hundred dollars, or imprisonment for ten days, or both.

15. To impose and appropriate fines, penalties, and forfeitures for breaches of ordinances.

16. To make by-laws and ordinances not repugnant to the constitution and the laws of the United States or of this state.

17. To require any land or building to be cleansed at the expense of the owner or occupant, and upon bis default, may do the work and assess the expense upon the land or building.

18. To establish a board of health to prevent the introduction and spreading of disease, or to ordain and adopt for the government of the city the "quarantine” or “health regulations,” provided by this code for San Francisco or Sacramento.

19. To levy and collect taxes, to lay out, extend, alter, or widen streets and alleys, and make appropriations for any object of city expenditures.

20. To erect and maintain poorhouses and hospitals, and pass such bylaws and ordinances for the regulation of the police as they may deem necessary. All ordinances must be published in the manner prescribed by the common council.

Act conferring on cities of first class power to erect hospital: See Gen. Laws, tit. “Municipal Corporations," Act 2342.

Act authorizing sale of excess of water: See Gen. Laws, Act 2363.

Act authorizing leasing or ownership of gravel-beds: See Gen. Laws, Act 2365.

Acts authorizing city authorities to execute trusts in relation to town lands: See Gen. Laws, Acts 2335, 2336.

Acts validating acts of cities: See Gen. Laws, Acts 2354, 2355.

Power to extend and complete sewers: See Gen. Laws, tit. “Sewers," Act 3595.

Act authorizing grant of franchise to railroad to build lines to park outside city limits: See Gen. Laws, tit. “Municipal Corporations,” Aet Act authorizing fixing of water rates: See Gen. Laws, tit. “Water Companies.”

Legislation § 4408. Enacted March 12, 1872; based on Stats. 1850, p. 90, 88 20, 29.

§ 4409. Street improvements, how made. Whenever the owners of a major part of the property fronting on any street or avenue desire to improve such street by paving the same, or constructing sewers, or otherwise, the mayor and council may make such improvement at the expense of all the owners of property on the street, which expense must be in proportion to the number of feet owned by each.

Powers of municipal corporations: See, generally, ante, $ 4354.
Acts relating to streets: See Gen. Laws, tit. “Streets."

Legislation & 4409. Enacted March 12, 1872; based on Stats. 1850, p. 91, $ 34.

§ 4410. To grant authority to gas and water companies. The common council, by ordinance, approved by the mayor, may grant to any gas or water company the privilege of laying down pipes in the streets and alleys of such city for supplying gas and water for the streets and buildings thereon, for a term not exceeding twenty-five years.

Granting authority to lay pipes in streets: See post, $$ 4411, 4413.

Legislation & 4410. Enacted March 12, 1872; based on Stats. 186970, p. 815, $ 1.

§ 4411. Reservations by cities. In exercising the authority mentioned in preceding section the common council must reserve the right to grant similar privileges to other companies, and require the laying down of the pipes to be under the reasonable direction of the city authorities, and to be so laid as to do no injury to the proper use of the paving, planking, or macadamizing of the streets and alleys, nor to private property situate thereon.

Privilege granted to any individual or company under certain conditions: ('onst., art. XI, $ 19.

Granting authority to lay pipes in streets: See ante, $ 4410; post, $ 4413.

Legislation & 4411. Enacted March 12, 1872; based on Stats. 186970, p. 815, 8 2.

§ 4412. Contract for gas and water. The common council may contract wit gas and water companies for supplying the streets and public buildings with all gas and water necessary for their proper use; the rates to be paid therefor must not be fixed for a term exceeding five years, and the city authorities must reserve the right to abrogate such contract whenever gas or water is offered to be supplied at two thirds of such fixed contract price.

Legislation & 4412. Enacted March 12, 1872; based on Stats. 186970, p. 815, § 3.

§ 4413. Restrictions and conditions to be imposed. In granting authority to lay down pipes, and in contracting for gas and water, the common council must impose such restrictions and conditions, and provide for such locations and construction of gas and water works and pipes as to work the least possible public or private inconvenience, and provide for enforcing such restrictions and conditions.

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