The record-union., 1897-04-15
WHAT THE NEW LAWS ARE
INTENDED TO ACCOMPLISH.
NUMBER TEN.

II len.
continuance, and if a street railroad,
the route to be traversed; that seal
ed bids or tenders will be received up
to certain hour on day named
therein, and further statement that
no bids will be received of a single sum
or amount stated, but that all bids
must be for the payment in laWful
money of the United States of stated
per cent of the gross annual receipts
of the person, partnership, or corpora
ton, or other authority to whom the
franchise is awarded, arising from its
use, operation or possession. No per-
centage shall be paid for the first five
years succeeding the date of the fran
chise, but thereafter such percentage
shall be payable annually, and shall in
no case be less than 3 per cent. per
annum upon such gross receipts, the
franchise to be forfeited by failure to
make the payments stated in the bids
upon which the award was made; pro-
vided, the Board of Supervisors, Board
of Trustees, Common Council, or other
governing or legislative body may pro-
vide as a condition of such franchise
that the payments of said percentage
shall begin at any time less than five
years after the franchise is granted,
if such franchise is renewal, or sub
stantially a renewal, of a franchise al
ready in existence. After the expira-
tion of the time stated in the advertise
ment up to which sealed bids or pro-
posals will be received, the board or
other governing or legislative body
herein mentioned, must meet in open
session and open and read the tenders
or bids. The franchise or privilege
must then be awarded to the highest
bidder; provided, however, that moth
ing in this section shall affect special
privilege, granted for a shorter term
than two years. and provided further,
that the governing power may reject
any or all bids. And provided further,
that unless the bidder shall file with his
bid a bond to such county, city and
county, city, town, or district, with at
least two good and sufficient sureties,
to be approved by such board or other
governing or legislative body in penal
amount to be by it prescribed and set
forth in the advertisement for bids,
conditioned that such bidder shall well
and truly observe, fulfill, aud perform
each and all of the terms, conditions
and obligations of such franchise, in
case the same shall be awarded to him,
and that in case of any breach of con-
dition of such bond, the whole amount
of the penal sum therein named shall
be taken and deemed to be liquidated
damages, and shall be recoverable from
the principal and sureties upon said
bond, no award of any such franchise
shall be made upon such bid, although
the same may be the highest, but such
franchise may be awarded to the next
highest bidder who shall have complied
with this proviso, or, in the discretion
of such board, or other governing or
legislative body, all bids may be set
aside and rejected, and new bids ad-
vertised for
Section ,. No franchise now existing
or which may hereafter be granted,
shall be renewed by the Board of Su-
pervisors, Board of Trustees, Common
Council, or other governing or legisla-
tive body above described, nor shall the
extension or renewal of the same be
advertised or offered for sale by such
governing or legislative body until
within one year prior to the date of the
expiration of the existing franchise, un-
less the existing franchise is first sur
rendered by the holders thereof; pro-
vided, no franchise can be surrendered
without the consent of the Board of Su-
pervisors, Board of Trustees. Common
Council, or other governing or legisla-
tive body of the city and county, city,
or town, granting such franchise. And
provided further, that on the applica-
ton of the Mayor, or a majority of the
Board OF Supervisors Board of Trus-
tees, Common Council, or other gov
erning or legislative body above de-
scribed, it shall be the duty of the At
torney-General to sue for forfeiture of
any franchise granted by such govern
ing or legislative body, alleging in such
suit nom compliance with the terms of
the franchise
Section 3. Any member of any Board
OF Supervisors. Common Council, or
other governing or legislative BODY of
any city and county, city, or town. of
this State, who, by his vote. violates
or attempts to violate the provisions of
thls Act, or any of them, shall be guilty
OF misdemeanor and Of malfeasance
IN office, and be deprived Of his office
Dy the decree of a court of competent
jurisdiction, after trial and conviction.
Section 4. All Acts and parts of Acts
in conflict with this Act are hereby re-
pealed.
FORMATION OF RECLAMATION
DISTRICTS.
Section 34I2 of the Political Code re-
lating to the formation of swami land
or reclamation districts, was amended
to read as follows:
34i2. Whenever any district. suscepti
bic of one mode of reclamation. is en-
tlrely owned by parties who desire TO
reclaim the same, and to manage the
reclamation without the intervention of
trustees or the establishment of bylaws.
they may file the petition provided for
in Sections BAG and BAT, and must
state therein that they intend to un-
| dertake the reclamation on their own
responsibility. The existence of a
reclamation district formed to operate
without the Intervention of trustees
shall not have the effect to prevent the
owners of the land included in such dis
trict from forming a district to operate
with trustees, and such owners may
present to the Board of Supervisors the
petition provided for in Section 34i6 or
in Section 3492, and the presentation of
such petition shall be deemed an aban-
donment and surrender of the rights.
immunities. and privileges conferred
upon such owners or their predecessors
or predecessor in interest in such land
by the creation of such original district.
Section , This Act shall take effect
| from its passage.
Probably very few ordinary laymen
/ I'M nd ,,,aor,