Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-10-02

T1ITT
shall be "a body polite and corporate under the
name and style of The City and County Of Sacra-
mento,' and BY that name they shall be known in
law; may make, have, keep, alter and renew com
mon seal different ard distinct from the seal OF the
County Clerk; shall have perpetual succession /;
NAV sue in all Courts and in all actions whatsoever
may, under the limitations hereinafter provided,
purchase and hold real estate personal property,
and receive and hold the same by legacy or donation
for the city and county, i'll trust for the use OF
public schools the fire department. or for poor
house and INDECENT sick; and they may do all such
other things and exercise all such other powers as
bv this Act or BIS any other law ere may be
granted or allowed to them to do but the city ana
county shall not be sued in any action whatever
shall any Of its lands, buildings, improvements,
property, franchises, taxes, revenues, ACTIONS,
chooses In actions and effects be subject to any at
tachment, levy or sale, or any process whatever,
either mesue or final.
"Se;tiCn 2 The city and county Of Sacramento
is hereby made and constituted the successor or
the corporation by this Act dissolved, and hereto
fore known as the Mayor and Common Council
OF the City Of Sacramento The lands, public
and private buildings, property, rights Of prop
erty actions, rights OF actions, moneys revenues,
| income ana trust now vested in, or belonging, or
il any wise appertaiaing to the corporation known
| ss The Mayor and Common Council OF the City OF
Sacramento, are hereby transferred to and vested
| 10, AID declared TO appertsiu aud belong to the
city and county OF Sacramento, as hereinafter pro-
yided."
Sections 81, IS, 81 and So of the Consolidation
| Act are as follows:
'Section 81. For the purpose of liquidating
funding and paying the claims against the city she
county of Sacramento hererenafter specified, ms
Treasurer shall caus to be prepared suitable bothe
of the county of Sacramento, not exceeding not
sum of $500 000 and for the city of Sacramento est
exceeding the OF sl,600,0t0, bearing inter- st
at the rate Of six per cent per annum, from the
day of January, 1853, and payable at the OH a
Of the Treasurer. Said claims shall be funda :
in the order of their reception shall in the orde
of reception bs entitled to the shortest time and
one fourth Of the whole amount made payable on
the first day OF February one thousand eight hun
bred aud eighty eight; one-fourth the first day
of February, one thousand eight hundred and
ninety-three ons-fourth on the first day OF Febru
ary, one thousand eight hundred and sinetT-sight ;
and the balance the first of February, thou
sand nine hundred and three. The interest on said
bonds shall be made PAYABLE at the Office of The
Treasurer on the first day Of lnuary Of each year.
Said bonds shall be signed by the President OF the
Board Of Supervisors, coEntersigned by the Clerk
/ of the Board of Supervisors, and Endorsed by the
Treasurer, and shall have the seal of the city and
county affixed thereto. Coupons for the interest
shall be attached to each bond, so that they my be
removed without injury to the bond; said coupons,
| conseeutively numbered, shall be signed by the
Treasurer. II shall be the dotY OF the book-keeper
OF the city AMI county, and the Treasurer each TO
| keepa separate record OF all bonds issued showing
the number, date aud amount OF each bond, to
whom issued, upon what claim, and it5 amount and
none Of the claims hersiG specified shall be liqui-
dated or paid except in the manner helen provided.
"Section So The following claims shall be re-
ceved and funded under the provisions of this Act
| First-All legal debts lab lities against the
county of Sacramento which may be unpaid and IN
provided for By this Act on the LIST day of January
| 1859. The annual interest and principal of all
| bonds issued for claims mentioned in this section
shall be paid from the interest and sinking fund,
as provided in Section 49, and in the manner other
wise provided IN this Act. Second-All legal debt5
or liabilities against the city Of Sacramento which
may be unpaid or unprovided for by this Act on the
LIST day of Janua-y, 1859 The annual interest and
principal of all bonds issued for claims aganst said
city shall be paid from the interest and sinking fund
provided in Section S. and in the manner otherwise
provided in this Act. - rs3sas,97ss -
"Section 81 The Board OF Supervisors shall not
| have power to levy any greater taxes than as fol-
lows, viz On the real and personal estate, except
such as ia exempt by law, throughout the city and
county, 4 tax of one hundred cents on the one hun
dred dollars such State taxes the laws may re-
quire aud in addition thereto, they shall levy for
municipal purposes, on all real and personal prop
erty within the cit! limits except such is eX-
empt by law, tax Of one hundred cents on the
| one hundred dollars also, tax for road purposes
OF five cents on the one hundred dollars, on the
property outside the city limits. All Of which
taxes shall be levied and collected strictly in ac-
cordauce with the laws of the State except
az may be otherwise provided in this Act; prored,
thai nothing contained in this section shall prevent
the Board Of Supervisors from leyying in addition
| tax in accordance with an Act passed February
! (March) one thousand eight hundred and fifty
| eight entitled an Act to amend an Act, passed
April twenty-seyenth, one thousand eight hundred
| and ifty-seven entitled an Act to submit to the
| people of the counties of Sacramento and Ell Do
RADIO proposition for the construction of wagon
| road. .-s-- Tzl4sa1s1 S3Stisi5s HNiS5sssss--S-
"Section 3d. The revenue derived from and with.
in the city limits for municipal purposes, viz taxes.
licenses harbor dues, water rents and fines collected
in the Mayors Court, or otherwise, when paid into
the treasury shall be set apart and appropriated
follows Fiftyve per cent. to interest and sink
ing fund, which shall be applied to the payment Of
the annual interest and the final redemption Of
bonds issued Tor city Indebtedness in accordance
with the provisions OF this Act fifteen per cent. To
q salary fund. which shall be applied to the pay
menl of the salaries Of municipal officers pro-
vided in this act eight per cent to a school fund,
which shall be applied TO the support of schools
within the city limits aud the balance, twenty-five
per cent II fund to be used for all such neees-
saryInunicipa snsssa are otherwise provided
for in this section and shall be called the contn
| gent fund"
| BY tine second section of the Act of Consoda-
ton all Of the property and rights Heretofore be
| longing or pertaining to the corporation known as
| 1.-THE Mayor and Common Council Of the city Of
Sacramento, were vested in and declared to apper-
/ tain and belong to the consolidated government.
| But, in dissolving the old city government and
transferring all OF its property and rights to new
| corporation the Legislature did net forget that
there were outstanding claims against the old
Recognizing that fact. it made provision in and by
| the Acs CT Consolidation for "liquicatng, funding
and paving" those claims Suitable bonds were di-
rected to be prepared for the city Of Sacramento,
not exceeding million six hundred thousand
dollars with interest coupons at the rate Of six per
cent. per annum, payable on the first day OF Janu.
aTy Of each year. with which the LEI claims against
! the old city government were TO be paid and dis
| charged. To pay the interest as it should accrue
aud to redeem the boads, It was provided by the
Act OF Consolidation that ffty-ve per cent of the
revenue derived from and within the city limits for
municipal purposes that is TO say, taxes, licenses,
ha' Dor dues water rents and hpes collected should
be set apart and appropriated to an interest and
| sinking fund, which should be applied TO the pay
IL. frSar - IL.
ton o. the bonds; and the governing body of the
consolidated government, viz the Board of Super
vis9rs, required to levy for municipal purposes
on all real and personal property within the city
limits, except such is exempt by law tax Of enc
hundred cents on the one hundred dollars
Having thus made provision for the payment an
nually OF the interest the bonds, and ultimately
for their redemption, the Legislature offered them
in payment of the legal claims against the old city
government. The offer was accepted, and the hold
ers of the latter surrendered their cams in con-
| sideration of which the consolidated government
issued 70 them its bonds pursuant to the provisions
| of the Act The BOMBS carried with them the
pledge Of an annual tax, for municipal purposes on
all real and personal property within the city limits
except srch is exempt by law OF 100 cents on the
s1OO IS per cent Of which TO be set apart aud ap-
pTepriated to an interest and sinking fund to be
applied to the payment OF the annual interest upon
| the bonds and to their final redemption. The tax
was the chief security offered the creditors as an
| inducement to accept the bonds in payment
| of their claims. When the bonds for
whose payment, with interest provision
was thus made, were issued and accepted
| By the creditors OF the old city government, 4
| contract was inside as solemn aud binding and as
much beyond subsequent legislation it Rould
have been il made between private persons. These
| views will be found sustained and ampl fed in So
able opinion recently rendered b. tie Supreme
| Court OF the United 2tes in entitled Lou.
| isiaHa vs. Pilsbury, reported in los .. s, 2Ts.
Il is we'll occasionally to recall the fact that there IS
| no more reason TO permit municipal government
to repudi5te ts solemn obligations entered 1910 for
value shan there IS to permit an individual to do
So Good faith and fair dealing should be exacted
of the one ssusly with the other.
Some minog objections ars made to the petition