STATUTES OF CALIFORNIA, PASSED AT THE FOURTEENTH SESSION OF THE LEGISLATURE. CHAPTER I.—An Act to provide for the Construction of a Wagon [Approved January 26, 1662.1. The People of the State of California, represented in Senate and SECTION 1. The right to construct and maintain a wagon Franchise. road from a point on the Sacramento River, in the County of Tehama, to the eastern boundary line of this State, at or near Honey Lake, is hereby granted to said county, to be constructed as hereinafter provided. SEC. 2. The said road shall commence on the east bank of Route of the Sacramento River, at such point as shall be most advan- road. tageous to the people of Tehama County, to be designated by the Board of Supervisors thereof, and proceed therefrom easterly, by the most practicable and direct route, in the direction of Honey Lake, through what is known as Battle Creek Meadows, on the south branch of Battle Creek, to the eastern boundary line of this State, and shall be in all respects a first rate wagon road, adapted to the purposes of transportation of merchandize on wagons and teams of all classes, with bridges, culverts, and other appurtenances necessary to the, same. cien B. Healy and John Charlton are hereby appointed Engi- Engineers. neers to lay out, under the general direction of the Board of Supervisors, the line, grade, width, and curves of said road, by the route herein provided, and of the kind indicated in this section; they may receive such reasonable compensation as may be allowed them by the Board of Supervisors. In case of Vacancy. failure, from any cause whatever, of either or both of said Engi Lu Duties of neers, to act in such capacity, the vacancy thus created shall be filled by appointment by the Board of Supervisors. SEC. 3. It shall be the duty of the Board of Supervisors to Supervisors. locate and construct, or cause to be located and constructed, said road, either by contract or otherwise, following the general description, route, initial point, and terminus, described in section two of this Act; and to that end, full power is hereby granted them to do and perform all acts necessary, and not inconsistent with the provisions of this Act; provided, that if the work, or any part thereof, be let by contract, it shall be to the lowest responsible bidder, after at least ten days' advertisement in one or more newspapers of the county. No bid deemed too high shall be accepted by the Board, nor if the bidder fail to give satisfactory bonds. Proviso. Issuance of Bonds-in terest, and when paya ble. Proviso. Bonds. Coupons. Sale of Bonds SEC. 4. To provide for the payment of the expenses incurred in the construction of said road, the Board of Supervisors of Tehama County shall issue the bonds of said county in such sums as may be necessary, and not exceeding in the aggregate forty thousand dollars, payable twenty years from the tenth day of June, A. D. eighteen hundred and sixty-three, bearing interest at the rate of ten per cent per annum, the interest payable semi-annually on the tenth day of June and December of each year; provided, that the first payment of interest shall be on the tenth day of December, A. D. eighteen hundred and sixty-three, and for such amount as shall have accrued on said bonds from their date up to that time. SEC. 5. The bonds shall be issued in four instalments, of ten thousand dollars each, and of denominations of not less than five hundred dollars nor more than one thousand dollars each, signed by the President of said Board, and countersigned by the County Treasurer. Forty coupons shall be attached to each bard; so that they may be removed without injury to the bonds, and each numbered consecutively, and shall express the amount of interest due at each payment, when and where payable, and signed in the same manner as the bonds are required to be signed. SEC. 6. As soon as the said bonds, or any instalment thereof, are issued, they shall be disposed of by the said Board on the best terms obtainable, after advertisement for fifteen days in two daily newspapers of San Francisco, and one daily newspaper in Sacramento, and in the newspapers of Tehama County, and the proceeds paid into the County Treasury, and set apart by the Treasurer, and constituted a "Wagon Road Fund," and used for the payment of expenses incurred in the construction of said road, and not otherwise. The bonds issued under the provisions of this Act shall be paid, interest and principal, in Supervisors United States gold and silver coin; and it is here made the duty of the Board of Supervisors of said county annually to levy, on all the taxable property in the county, a sufficient per centum tax to pay the interest on said bonds, semi-annually, on the tenth days of June and December of each year; and also, to levy such additional per centum tax on all taxable property of said county, as may be necessary to pay and redeem said bonds at maturity. Said levy shall be made early enough in each year to enable the Collector of Taxes to collect the same at the same to levy special tax. time, and in the same manner, as the annual State and county tax shall be collected; and it is here made the duty of the Collector of Taxes of said county to collect the said tax at the same time, and in the same manner, as State and county taxes are or may by law be required to be collected. The payment and redemption of bonds referred to in this Act, shall be the payment and redemption of the principal, or original, bonds; and the same shall be paid, at maturity, upon presentation at the office of the County Treasurer of said county. The interest shall be semi-annually paid, as herein provided, upon the presentation of the coupons attached to the bonds at the office of the County Treasurer aforesaid. SEC. 7. The taxes collected under section six of this Act, Special fund shall be paid into the County Treasury, and set apart and constitute a separate fund, to be designated the "Wagon Road Interest and Redemption Fund," and paid out by the County Treasurer in redemption of said bonds and payment of interest as provided in this Act, and not otherwise. County SEC. 8. Whenever the Treasurer shall pay any coupons or Duties of bonds under this Act, he shall cancel the same, and preserve Courer. such cancelled coupons and bonds, and keep a record thereof, giving the number, date, amount, from whom received, and shall write across every such coupon and bond the words, "cancelled by me," and sign his name thereto as Treasurer. Board. SEC. 9. The Board of Supervisors shall hold monthly meet- Supervisors, ings on the fourth Monday of each month, from and after the meeting of passage of this Act, until said road shall be completed, and may also hold such adjourned meetings as they may deem proper for the transaction of business pertaining to said road. They may also, in their discretion, appoint three Commissioners; and such commissionother agents as they may deem necessary, to whom they may delegate such powers, not inconsistent with the provisions of this Act, as may be necessary for the location and construction of said road, by an order entered in the journal of the proceedings of said Board, and at pleasure to revoke, alter, or amend, the powers so conferred. ers. SEC. 10. As soon as practicable after the passage of this Act, Duties of the Board of Supervisors shall meet, pursuant to notice to be Supervisors. given by the Clerk thereof, and proceed without delay to issue the bonds provided for in sections four and five of this Act, and to the construction of said road as herein provided. The second, third, and fourth instalments, shall be issued, respectively, a sufficient length of time in advance to permit of their disposal under this Act in time to meet, in cash, the demands for payment of expenses of construction of the said road as they may accrue; provided, that the third and fourth instalments, or Proviso. either of them, may not be issued unless the same be necessary toward the completion of the road. SEC. 11. The Board of Supervisors shall examine all claims Duties of for expenses incurred in the construction of said road, and allow Supervisors. such claim, or any part thereof, as they may deem correct and just, and pay the same out of the "Wagon Road Fund," in like manner and form as general county funds are paid out; but no claim of any nature shall be allowed unless the consideration upon which the same is based shall have been previously duly Additional tax. authorized by said Board, or their duly appointed agents acting within their powers. All appointments of Superintendents, Engineers, or other agents, shall be by order, duly entered, together with the powers conferred on each, in the journal of their proceedings. All contracts shall be in writing, otherwise of no force. They shall be kept on file and minuted in their journal. The Board shall require such bonds and sureties from all appointees and contractors as they may deem requisite for the security of the county. SEC. 12. The Board of Supervisors are hereby authorized, in their discretion, annually to levy an additional per centum tax upon the taxable property in said county, of not more than one half of one per cent, and the same shall be collected and paid into the County Treasury at the same time and in the same manner as other State and County taxes are or may be by law Special fund authorized to be collected and paid. The moneys collected under this section shall be by the County Treasurer set apart as a special fund, to be designated the "Wagon Road Sinking Fund," and shall be held and disbursed as in this section provided, and not otherwise. Whenever there shall be in said fund money amounting to one thousand dollars or upwards, the County Treasurer shall give fifteen days' notice, by publication in one daily newspaper published in San Francisco, and one published in Sacramento, and likewise in one or more of the newspapers published in Tehama County, that sealed proposals, directed to Redemption him for the redemption and surrender of bonds issued under of bonds. the provisions of this Act, will be received by him up to the next regular meeting of the Board of Supervisors thereafter. On the first day of such regular meeting of the Board of Supervisors, they, together with the County Auditor and Treasurer, shall attend the office of the latter, and then and there open all proposals, and accept the lowest bid or bids to the extent of the money in said fund, for the surrender of such bonds; but no bid for more than the par value of such bonds, nor any bid unless accompanied by the bonds proposed to be surrendered, shall be accepted. When any bids are so accepted, the County Auditor and Treasurer shall each take a description of the number and amount of bonds to be so redeemed, specifying the amount of such bonds, also the rate and amount paid for the same, and make a record thereof in their respective offices; and thereupon the Board of Supervisors shall make an order, entered in their journal, directing the Treasurer to purchase the bonds designated in the accepted bids and pay the same out of the said "Sinking Fund," and the bonds so redeemed, together with the coupons belonging to the same, shall be cancelled in the manner provided in section eight of this Act; he shall also write on the face of said bonds the word "purchased," with the date, and amount paid for the same. The bids being equal, the preference shall be given in the order of priority in which they shall have been received by the County Treasurer. The County Treasurer shall keep a separate account of all moneys received and disbursed under this section. Payment of SEC. 13. Each member of the Board of Supervisors shall reSupervisors, ceive for all services rendered under this Act the sum of one hundred dollars. The Clerk of said Board shall receive for all etc. |