UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY SUPPLEMENT WITHDRAWN b ** PAGE'S CALIFOEIIA STKEET LAWS CONTAINING ADDITIONAL STATUTES AND CHARTER PROVISIONS ADOPTED BY THE LEGISLATURE OF 1911 T* ^ \ S -1 T\ SAN FRANCISCO BANCROFT-WHITNEY COMPANY 1911 SUPPLEMENT TO PAGE'S CALIFOBNIA STKEET LAWS CONTAINING ADDITIONAL STATUTES AND CHARTER PROVISIONS ADOPTED BY THE LEGISLATURE OF 1911 SAN FEANCISCO BANCROFT-WHITNEY COMPANY 1911 CONTENTS. I. Text of General Statutes, p. 3. 1. Bond Act of 1911, p. 3. 2. City Boundary Improvement Act, p. 9. 3. Act Relating to Opening Streets Through Cemeteries, p. 24. II. Text of Charter Provisions, p. 25. 1. Los Angeles, p. 25. 2. Palo Alto, p. 25. 3. Petaluma, p. 25. 4. Pomona, p. 26. 5. Santa Barbara, p. 27. 6. Santa Cruz, p. 27. 7. Vallejo, p. 27. (1) 735546 I. TEXT OF GENERAL STATUTES. 1. Bond Act of 1911, p. 3. 2. City Boundary Improvement Act, p. 9. 3. Act Belating to Opening Streets Through Cemeteries, p. 24. 1. Bond Act of 1911. An act providing for the issuance of improvement bonds to represent cer- tain special assessments for public improvements, and providing for the effect and enforcement of such bonds. [Approved April 27, 1911. Stats. 1911, p. 1192.] 1. The expression "street opening act of 1903" as herein used shall mean the act entitled "An act to provide for the laying out, opening, extending, widening, or straightening in whole or in part, of public streets, squares, lanes, alleys, courts, and places, within municipalities, for the con- demnation of property necessary or convenient for such purposes, and for the establishment of assessment districts and the assessment of property therein to pay the expenses of such improvement," approved March 24, 1903 (Stats. 1903, page 376) and acts amendatory thereto. The expression "park act" as herein used shall mean the act entitled "An act to provide for the acquisition by municipalities of land for public park or playground purposes by condemnation, and for the establishment of assessment districts and the assessment of property therein to pay the expense of acquiring such land," approved April 22, 1909 (Stats. 1909, p. 1066). The expression "street improvement act of 1909" as herein used shall mean the act entitled "An act to provide for the improvement of public streets, lanes, alleys, courts and places in municipalities, in cases where any damage to private property would result from such improvement, and for the assessment of the costs, damages and expenses thereof upon the property benefited thereby," approved April 21, 1909 (Stats. 1909, page 1042). The expression "improvement bond" as herein used shall mean a bond issued under the provisions of this act. The terms "assessment" or "assessment-roll" as herein used shall mean a special assessment made under the provisions of any of the acts herein in this section specified. The term "delinquency" as herein used shall mean delinquency in the payment of an assessment made under the provisions of the acts herein in this section specified and the expression "time of delinquency" shall mean the time in said acts fixed when assessments become delinquent. The expression "city council" as herein used shall mean the legislative body of the municipality. 2. The city council of any municipal corporation of this state may, in its discretion, at or before the time of the confirmation of any assess- ment or assessment-roll in proceedings had and taken under the street opening act of 1903, the park act or the street improvement act of 11)09, (3) 4 CALIFORNIA STREET LAWS. determine that improvement bonds may issue to represent such assessments, which determination shall be made by resolution or ordinance. 3. Whenever it is determined as provided in section 2 hereof that improvement bonds may be issued to represent assessments, the owner of any lot or parcel of land against which an assessment has been made, when the amount of such assessment is fifty ($50) dollars or over, may at any time prior to delinquency, elect to pay such assessment in install- ments and to have an improvement bond issued against such lot, in the form and manner and with the effect in this act; provided there be no other bond or bonds outstanding against said lot representing any special assessment. 4. Such election shall be made by such owner or his agent thereunto duly authorized in writing filed with the superintendent of streets or if said assessment is in the custody of the city tax collector with such tax collector, an affidavit made before a competent officer that he or his principal, as the case may be, is the owner of the lot or parcel of land in question, which aflidavit must be accompanied by a certificate of a searcher of records, that he or his principal is such owner and also by filing with such officer a written agreement upon the form hereinafter fixed, waiving all objections of whatsoever kind or nature against the assessment and all proceedings thereto and undertaking to pay the amount of such assess- ment in either five or ten annual installments, each of which shall be due on the first day of July of each year, and the first of which shall be due on the first day of July next following the date of such bond, with interest on all deferred payments at the rate of seven per cent per annum, payable at the same time as the installments of principal. Said agreement shall contain a provision to the effect that in case of default in the payment of any installment of the principal provided for therein, or interest accrued on deferred payments, at the time called for by said agreement, then, and in that event, the entire remaining unpaid installments shall become immediately due and payable, and that the same, and all liens and agree- ments which are security therefor, may be collected and enforced as in this act provided. Said agreement shall be in the following or substan- tially the following form (filling blanks) : The undersigned, being the owner of the lot assessed in the assessment for said lot being assessed therein for the sum of ($ ) dollars, does hereby expressly waive and release all objections of what- soever kind or nature against the said assessment and all proceedings prior thereto and in consideration of the benefit of said improvement and of the extension of time for paying therefor herein requested, do under- take and agree to pay the amount of said assessment, to wit: the sum of ($ ) dollars in yearly installments, at the time, in the manner, and with the interest, specified and provided in (title of act), and do request and elect to have a bond issued against said lot in the manner and form and with the effect provided in said act, and do ex- pressly agree that in the case of default in the payment of any installment of the principal provided for in said bond, or interest accrued on deferred payments, then, and in that event, that the entire remaining unpaid in- stallments shall become immediately due and payable, and that the same, and all liens and agreements which are security therefor, may be collected, and enforced as in this act provided. SUPPLEMENT. 5 Upon an election being effected as herein provided the superintendent of streets or other officer having in his custody said assessment shall make a note thereof in his records opposite the assessment as to which such election is made. All agreements and affidavits made and filed hereuuder shall be bound in a substantial book and kept among the records of the superintendent of streets, or other officer having custody of such assess^ ments. At the time of delinquency, such officer shall advise, in writing, the city treasurer respecting the assessments as to which the owners have elected to pay in installments. The city treasurer shall thereupon prepare a separate bond representing each assessment as to which such right of election has been exercised, running for either five (5) or ten (10') years, as specified in the agreement made as herein provided, which bond shall be in the following or substantially the following form (filling blanks) : Improvement Bond. Series . $ . No. . Under and by virtue of and pursuant to the provisions of (title of act), I, out of the fund for the above designated improvement bonds, series will pay to bearer the sum of ($ ) dollars with interest at the rate of seven (7) per cent per annum, as is hereinafter specified, at the office of the city treasurer of the city of , state of California. This bond is issued to represent an assessment for in the city of as the same is more fully described in the assessment therefor. Its amount is the amount assessed in said assessment against the lot numbered therein and in the diagram attached thereto, and which now remains unpaid; but until paid, with accrued interest, is a first lien upon the property affected thereby, as the same is described herein and in said recorded assessment with its diagram, to wit: the lot or parcel of land in the city of , county of , state of California, described as follows: and it is issued in accordance with the written request therefor on file in the office of the of said city. This bond is payable exclusively from said fund, and neither the city of nor any officer thereof is to be holden otherwise for its principal or interest. The term of this bond is years from July first, 19 , and at the expiration of said time the whole sum then unpaid shall be due and payable; but on the first day of July of each year, after the date hereof, an even annual proportion of its principal is due and payable upon presentation of the coupon therefor, until the whole is paid, with accrued interest at the rate of seven (7) per cent per annum. The interest is payable annually on the first day of July in each year hereafter upon presentation of the coupons therefor, the first of which is for the interest from date to the first day of July, 19 , and thereafter the interest coupons are for the annual interest. Should default be made in the first, or any succeeding payment of the principal, or in any payment of interest, by the owner of said lot, or anyone in his behalf, the holder of this bond is entitled to declare the whole unpaid amount to be due and payable, and shall thereupon have a right to collect the same and to enforce all liens and agreements which are security therefor as in said act provided. 6 CALIFORNIA STREET LAWS. At said city of , this day of , in the year one thousand nine hundred and . y City Treasurer of the City of . Said bonds shall be payable to the bearer and no mistake or error in the description in the bond of the lot assessed shall affect the validity or lien of the bond, unless the mistake or error is such that the lot cannot be identified, and in such event the holder of such bond may have the same corrected upon application to the city treasurer and the officers or board who or which made the assessment to represent which such bond is issued. 5. The city treasurer shall enter in a book kept for that purpose in his office, a record of each bond issued hereunder, specifying the date of its issue, the amount for which issued, to whom delivered, its duration and a description of the lot against which issued. Payments of principal and interest on account of any bond issued hereunder shall be made to the city treasurer, who shall keep a separate account of all such payments (entering the same in the record herein required to be kept), and place the same in appropriate funds for the payment of principal and interest of the bonds on account of which paid, and who shall, upon the surrender of the coupons attached to said bond, pay to the holder thereof, or his order, the amount called for by said coupons out of the funds in his possession applicable thereto. 6. Improvement bonds issued hereunder shall by their issuance be conclusive evidence of the regularity and validity of all proceedings thereto. The amount due upon any such bond shall be a lien upon the lot described in such bond superior to all other liens, charges, and encumbrances except the liens of prior assessments and of municipal, state and county taxes. 7. Improvement bonds or any number of such bonds, issued here- under, except as otherwise provided in section 9 hereof, shall be sold to the highest cash bidder, after advertisement for bids, which advertisement shall be published for at least three times in a daily newspaper published and circulated in said city, or if there be no such daily newspaper, then such advertisement shall be published once in a weekly or semi-weekly newspaper so published and circulated; provided, however, that said bonds shall not be sold for less than par. If any bond be sold for an amount in excess of par such excess shall be paid into the general fund of the city. 8. The proceeds of the sale of such improvement bonds shall be paid into the fund of the proceeding to represent assessments in which said bonds were issued. 9. It shall be competent for the city to advance to the appropriate fund the par value of all or any part of said bonds, in which case said city shall have the same rights in respect to the enforcement and col- lection thereof as other purchasers. Where the city advances money as in this section provided it shall have full authority at any time to sell said bonds to reimburse itself therefor. 10. Whenever, through the default of the owner of any lot or parcel of land upon which such bond is issued to represent the assessment, pay- ment, either of the principal, or of the interest, is not made when the same has become due, and the holder of the bond thereupon demands, in SUPPLEMENT. 7 writing, that the city treasurer proceed to advertise and sell said lot or parcel of land as herein provided, then the whole bond or its unpaid remainder, with its accrued interest, as expressed in said bond, shall become due and payable immediately, and on the day following shall be- come delinquent. 11. Upon the application of the holder of any bond that is now or shall hereafter become delinquent as hereinbefore provided, the said city treasurer shall publish twice in a newspaper of general circulation, to be designated by him, published in the city where his office is situated, a notice which must contain the date, number, and series of the delinquent bond, a description of the property mentioned in said bond, and the name of the owner of such property (if known), and if unknown, the fact shall be so stated, the amount due thereon, and a statement that unless the amount of said bond and the interest due thereon, together with the cost of publication of such notice are paid, the real property described in said bond will be sold at public auction on a day to be therein fixed, which shall not be less than fifteen nor more than thirty days from the day of the first publication of said notice, and the place of such sale, which must be the office of the said city treasurer. A like notice shall not less than fifteen days before the day of sale so fixed be served upon any such owner if known either personally or by depositing the same in the postoffice at such city addressed to such owner at his address if known with the postage thereon prepaid. At any time prior to the sale, the owner or person in possession of any real estate offered for sale under the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner or person in possession, or by someone in behalf of such owner, or person in possession, the property subject thereto shall be sold at public auction to the bidder offering to pay the amount due on the bond with costs for the least portion of such lot or parcel of land offered for sale. 12. The city treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication, with an affi- davit of the publisher of such newspaper, or someone in his behalf, attached thereto, that it is a true copy of the same; that the publication was made in a newspaper, stating its name and place of publication and the date of each appearance in which such publication was made which affidavit is prima facie evidence of all the facts stated therein. 13. The city treasurer must collect, in addition to the amount due on such bond, .the cost of the publication of such notice, and fifty cents for the certificate of sale delivered to the purchaser as hereinafter pro- vided. 14. The city treasurer, before delivering any certificate of sale must, in a book kept in his office for that purpose, enter the date, number and series of the bond, a description of the land sold corresponding with the description in the certificate, the date of sale, purchaser's name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection during office hours when not in actual use, 8 CALIFORNIA STREET LAWS. and he shall enter on the record of the bond the words "canceled by sale of the property," giving the date of such sale. 15. Immediately on the sale, the purchaser shall become vested with a lien on the property, BO sold to him, to .the extent of his bid, and is only divested of such lien by the payment to the city treasurer of the purchase money, including costs herein provided for, with interest thereon at the rate of one per cent per month from the date of sale. 16. A redemption of the property sold may be made by the owner of the property, or any party in interest, within twelve months from. the date of purchase, or at any time prior to the application for a deed, as- hereinafter provided. Redemption must be made in lawful money of the United States, and when made to the city treasurer he must credit the amount paid to the person named in his certificate, and pay it on demand to him or his assignees. 17. On receiving the certificate of sale, the recorder must file it, and make an entry in a book similar to that required of the city treasurer, the fee for which shall be fifty cents, and on presentation of the receipt of the city treasurer for the total amount of the redemption money, the recorder must, without charge, mark the word "Redeemed," the date, and by whom redeemed, on the margin of the book where the entry of the certificate is made. 18. If the property is not redeemed within the time allowed by the provisions of section 16 hereof for its redemption, the city treasurer, or his successor in office, upon application of the purchaser, or his assignee, must make to said purchaser, or his assignee, a deed to the property, reciting in the deed, substantially, the matter contained in the certificate and that no person has redeemed the property during the time allowed for its redemption; the treasurer shall be entitled to receive from the purchaser two dollars for making said deed, which shall be deposited in the city treasury for the use of the city after payment has been made therefrom for the acknowledgment of said deed; provided, however, that the purchaser of the property, or his assignee, or agent, must, thirty days- prior to the expiration of the time of the redemption, or thirty days before his application for a deed, serve upon the owner or agent of the property purchased, if named in such certificate of sale, and upon the party occupy- ing the property, if the property is occupied, a written notice, stating that said property, or a portion thereof, has been sold to satisfy the bond lien, the date of sale, the date, number, and series of the bond, the amount then due, and the time when the right of redemption will expire, or when the purchaser will apply for a deed, and the owner of the property shall have the right of redemption indefinitely, until such notice shall have been given and said deed applied for, upon the payment of the fees, pen- alties, and costs in this act required. In case of unoccupied property, a similar notice must be posted in a conspicuous place upon the property at least thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by the city treasurer to the purchaser of such property, until such purchaser shall have filed with such treasurer an affidavit show- ing that the notice hereinbefore required to be given has been given as herein required, which said affidavit shall be filed and preserved by the SUPPLEMENT. 9 Baid treasurer as other records kept by him in his office. Such purchaser shall be entitled to receive the sum of fifty cents for his service of such notice and the making of such affidavit, which sum of fifty cents shall be paid by the redemptioner at the time and in the same manner as the other sums, costs and fees are paid. 19. The deed, when duly -acknowledged or proved, shall be conclusive evidence of all things which the bond upon which it is based is conclusive evidence, and prima facie evidence of the regularity of all proceedings subsequent to the issue of the bond, and conveys to the grantee the absolute title to the lands described therein, free of all encumbrances, except the lien for state, county, and municipal taxes. In several respects, this act is similar to the bond provisions of the Local Improve- ment Act of 1901. As to election and waiver, see pp. 503-506. As to effect of conclusive evidence clause, see pp. 381-385, 469, 495496. As to priority of lien, se pp. 27, 28, 229-231, 385, 386, 498, 556. As to sale for delinquency, see index, title "Sale for Delinquency." As to certificate of sale, see index, title "Certificate of Sale." As to notice of application for deed, see pp. 394, 395, 472-474, 561, 634-636, 696- 698. For a discussion of the Street Improvement Act of 1909, see pp. 661701. For a discussion of the Street Opening Act of 1903, see pp. 535-566. 2. City Boundary Improvement Act. An act to provide for work upon streets, avenues, lanes, alleys, courts and places forming the exterior boundaries of any municipality, whether partly, or wholly, within or without said boundaries, and providing for the construction of sewers, drains and sidewalks thereon and in con- nection therewith. [Approved April 21, 1911. Stats. 1911, p. 1018.] 1. All streets, avenues, lanes, alleys, courts, or places forming the exterior boundaries of any municipality of this state, whether partly, or wholly, within or without said boundaries, now open or dedicated, or which may hereafter be opened or dedicated to public use, shall be deemed and held to be open public streets, avenues, lanes, alleys, places or courts for the purposes of this act, and the city council of each municipality, and the board of supervisors of the county in which said municipality is located, are hereby empowered to establish and change the grades of said streets, lanes, alleys, avenues, places or courts, and fix the width thereof, and are hereby invested with jurisdiction to order to be done thereon any of the work mentioned in section 2 of this act, under the proceedings hereinafter described. 2. Whenever the public interest or convenience may require, said council and said board of supervisors are hereby authorized and empowered to order the whole, or any portion, either in length or width, of any streets, avenues, lanes, alleys, places or courts fo'rming the exterior boundaries of any municipality, whether partly, or wholly, within or without said boundaries, graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized or remacadamized, graveled or regraveled, piled or repiled, capped or recapped, oiled or reoiled, sewered or resewered, 10 CALIFORNIA STREET LAWS. and to order sidewalks, manholes, culverts, bridges, cesspools, gutters, tunnels, curbings and crosswalks to be constructed therein, and to order storm water ditches, channels, breakwaters, levees or walls of rock or other material to protect the same from overflow or injury, and to order any other work to be done, which shall be necessary to complete the whole, or any portion of said streets, avenues, lanes, alleys, courts, places or sidewalks, and they may order any of said work to be improved; and also to order a sewer or sewers with outlets for drainage or sanitary purposes, in, over, or through any right of way granted or obtained for such purposes. 3. The council of each municipality, and the board of supervisors of the county in which said municipality is located, shall have concurrent jurisdiction of all proceedings under this -act, and the council, or board, passing the resolution of intention hereinafter provided for shall thereafter have exclusive jurisdiction of all work and proceedings covered by said resolution, except as herein otherwise provided. 4. Before ordering any work done, or improvement made, which is authorized by section 2 of this act, the said council, or the said board of supervisors, shall pass a resolution of intention so to do and describing the work, which shall be posted conspicuously for two days on or near the chamber door of said council, or board, and published by two insertions in one or more daily, semi-weekly, or weekly newspapers published and circulated in said municipality, and designated by said council, or board, for that purpose. The street superintendent of said municipality, when the resolution is passed by said council, or the county surveyor, when the resolution is passed by said board, shall thereupon cause to be conspicu- ously posted along the line of said contemplated work or improvement, at not more than one hundred feet in distance apart, but not less than three in all, or when the work to be done is only upon an entire crossing, or any part thereof, in front of each quarter block and irregular block liable to be assessed, notices of the passage of said resolution. Said notice shall be headed "notice of street work," in letters of not less than one inch in length, and shall, in legible characters, state the fact of the passage of the resolution, its date, and briefly the work or improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice, similar in substance, to be published for six days in one or more daily newspapers published and circulated in said municipality, and designated by said council, or board, or in municipalities where there is no daily newspaper, by one insertion in a semi-weekly or weekly news- paper so published, circulated and designated. In case there is no such paper published in said municipality, said notice shall be posted for six days on or near the chamber door of said council, or board, and in two other conspicuous places in said municipality. The owners of a majority of the frontage of the property fronting on said proposed work or improve- ment, where the same is for one block or more, may make a written objection to the same within ten days after the expiration of the time of the publication and posting of said notice, which objection shall be delivered to the clerk of the council, or board, who shall indorse thereon the date of its reception by him. Said council, or board shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The clerk of said council, or board, shall thereupon notify the SUPPLEMENT. 11 persons making such objections, by depositing a notice of the time and place fixed for the hearing of said objections in the postoffice of said municipality, postage prepaid, addressed to each objector, or his agent, when he appears for such objector. At the time specified said council, or board, shall hear the objections urged, and pass upon the same, and its decision thereon shall be final and conclusive. At the expiration of twenty days after the expiration of the time of said publication of said notice given by said street superintendent, or county surveyor, and at the ex- piration of twenty-five days after the advertising and posting, as afore- said, of any resolution of intention, if no written objection to the work therein described has been delivered, as aforesaid, by the owners of the majority of the frontage of the property fronting on said proposed work or improvement or if any written objection has been overruled by the said council, or board, the said council, or board, shall be deemed to have acquired jurisdiction to order any of the work to be done, or improvement to be made, which is authorized by this act; which order or resolution, when made, shall be published for two days, the same as provided for the publication of the resolution of intention. Before passing any resolution for the construction of said improvements, plans and specifications and careful estimates of the costs and expenses thereof shall be furnished to said council, or board, if required, by the city engineer of said munici- pality, or the county surveyor, and for the work of constructing sewers, specifications shall always be furnished by him. Whenever the contem- plated work of improvement, in the opinion of the council, or board, is of more than local or ordinary public benefit, or whenever, according to estimate to be furnished by the city engineer, or county surveyor, the total estimated costs and expenses thereof would exceed one-half of the total assessed value of the lots and lands assessed, if assessed upon the lots or land fronting upon said proposed work or improvement, according to the valuation fixed by the last assessment-roll whereon it was assessed for taxes for county purposes, and allowing a reasonable depth from such frontage for lots or lands assessed in bulk, the council, or board, may make the expense of such work or improvement chargeable upon a dis- trict, which the said council, or board, shall, in its resolution of intention, declare to be the district benefited by said work or improvement, and to be assessed to pay the costs and expenses thereof. Objections to the extent of the district of lands to be affected or benefited by said work or improve- ment, and to be assessed to pay the costs and expenses thereof, may be made by interested parties in writing, within ten days after the expiration of the time of publication of the notice of the passage of the resolution of intention. The council, or board, shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The clerk thereof shall thereupon notify the persons making such objections by depositing a notice thereof in the postoffice of said municipality, postage prepaid, addressed to each objector. At the time specified the council, or board, shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. If the objections are sustained, all proceedings shall be stopped; but proceedings may be immediately again commenced by giving the notice of intention to do the said work or make said improvements. If the objections are overruled by the coun- cil, or board, the proceedings shall continue the same as if such objections had not been made. 12 CALIFORNIA STREET LAWS. 5. The owners of a majority in frontage of lots and lands fronting on any street, avenue, lane, alley, place or court, or of lots or lands liable to be assessed for the expense of the work petitioned to be done, or their duly authorized agents, may petition the council, or board, to order any of the work mentioned in this act to be done, and the council, or board, may order the work mentioned in said petition to be done, after notice of its intention so to do has been posted and published as pro- vided in section 4 of this act. 6. Before the awarding of any contract by the council, or board, for doing any work authorized by this act, the council, or board, shall cause notice, with specifications, to be posted conspicuously for five days on or near the council, or board, chamber door, inviting sealed proposals or bids for doing the work ordered, and shall also cause notice of said work, inviting said proposal, and referring to the specifications posted or on file, to be published for two days in a daily, semi-weekly, or weekly newspaper published and circulated in said municipality, designated by the council, or board, for that purpose, and in case there is no newspaper published in said municipality, then it shall only be posted as hereinbefore provided. All proposals or bids offered shall be accompanied by a check payable to the order of the mayor of the municipality, or president of the board of supervisors, certified by a responsible bank, for an amount which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for the said amount and so payable, signed by the bidder and by two sureties, who shall justify, before any officer competent to admin- ister an oath, in double the said amount, over and above all statutory exemptions. Said proposals or bids shall be delivered to the clerk of said council, or board, and said council, or board, shall, in open session, examine and publicly declare the same; provided, however, that no proposal or bid shall be considered unless accompanied by said check or bond sat- isfactory to the council, or board. The council, or board, may reject any and all proposals or bids should it deem this for the public good, and also the bid of any party who has been delinquent and unfaithful in any former contract with the municipality or county, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or improve- ment to the lowest responsible bidder at the prices named in his bid. If not approved by the council, or board, without further proceedings, the council, or board, may readvertise for proposals or bids for the perform- ance of the work as in the first instance, and thereafter proceed in the manner in this section provided, and shall thereupon return to the proper parties the respective checks and bonds corresponding to the bid so re- jected. But the checks accompanying such accepted proposals or bids shall be held by the clerk of said council, or board, until the contract for doing said work, as hereinafter provided, has been entered into, either by said lowest bidder or by the owners of three-fourths part of the frontage, whereupon said certified check shall be returned to said bidder. But if said bidder fails, neglects or refuses to enter into the contract to perform said work or improvement, as hereinafter provided, then the certified check accompanying his bid and the amount therein mentioned, shall be declared to be forfeited to said municipality, or county, and shall be collected by it and paid into its fund for repairs of streets, avenues, lanes, alleys, courts and places herein mentioned, and any bond forfeited SUPPLEMENT. 13 may be prosecuted, and the amount due thereon collected and paid into said fund. Notice of such awards of contracts shall be posted for five days, in the same manner as hereinbefore provided for the posting of pro- posals for said work, and shall be published for two days in a daily newspaper published and circulated in said municipality and designated by said council, or board, or in municipalities where there is no daily newspaper, by one insertion in a semi-weekly or weekly newspaper so published, circulated and designated; provided, however, that in case there is no newspaper printed or published in any such municipality, then such notice of award shall only be kept posted as hereinbefore provided. The owners of three-fourths of the frontage of lots and lands upon the street whereon said work is to be done, or their agents, and who shall make oath that they are such owners or agents, shall not be required to present sealed proposals or bids, but may, within ten days after the first posting and pub- lication of said notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten days, or to commence the work within fifteen days after the first posting and publica- tion of said award, and to prosecute the same with diligence to completion, it shall be the duty of the superintendent of streets, or county surveyor, to enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his bid. But if such original bidder neglects, fails or refuses, for fifteen days after the first posting and pub- lication of the notice of award, to enter into the contract, then the council, or board, without further proceedings, shall again advertise for proposals' or bids, as in the first instance, and award the contract for said work to the then lowest regular bidder. The bids of all persons and the election of all owners, as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected in any bidding or election subsequent to the first for the same work. If the owner, or contractor, who may have taken any contract, does not complete the same within the time limited in the con- tract, or within such further time as the council, or board, may give them, the superintendent of streets, or county surveyor, shall report such delin- quency to the council, or board, which may relet the unfinished portion of said work, after pursuing the formalities prescribed hereinbefore for the letting of the whole in the first instance. All contractors, contracting owners included, shall, at the time of executing any contract for street work, execute a bond to the satisfaction and approval of the superintendent of streets, or county surveyor, with two or more sureties and payable to such municipality, or county, in such sums as the council, or board, shall deem adequate, conditioned for the faithful performance of the contract; and the sureties shall justify before any person competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. Before being entitled to a contract, the bidder to whom the award was made, or the owners who have elected to take the contract, must advance to the superintendent of streets, or county sur- veyor, for payment by him, the cost of publication of 'the notices, resolu- tions, orders, or other incidental expenses and matters required under the proceedings prescribed in this act, and such other notices as may be deemed requisite by the council, or board. And in case the work is abandoned by the council, or board, before the letting of the contract, the incidental 14 CALIFORNIA STREET LAWS. expenses incurred previous to such abandonment shall be paid out of the treasury of the municipality, or county. 7. The superintendent of streets, or county surveyor, is hereby author- ized, in his official capacity, to make all written contracts, and receive all bonds authorized by this act, and to do any other act, either express or implied, that pertains to the street department under this act; and he shall fix the time for the commencement, which shall not be more than fifteen days from the date of the contract, and for the completion of the work under all contracts entered into by him, which work shall be prosecuted with diligence from day to day thereafter to completion, and he may extend the time so fixed from time to time, under the direction of the council, or board. The work provided for in section 2 of this act must, in all cases, be done under the direction and to the satisfaction of the superintendent of streets, or county surveyor, and the materials used shall comply with the specifications and be to the satisfaction of said superintendent of streets, or county surveyor, and all contracts made therefor must contain a provi- sion to that effect, and also express notice that, in no case, except where it is otherwise provided in this act, will the municipality, or county, or any officer thereof, be liable for any portion of the expense, nor for any delin- quency of persons or property assessed. The council, or board, may, by ordinance, prescribe general rules directing the superintendent of streets, or county surveyor and the contractor, as to the materials to be used, and the mode of executing the work, under all contracts thereafter made. The assessment and apportionment of the expenses of all such work or improve- ment shall be made by the superintendent of streets, or county surveyor, in the mode herein provided. 8. Every contractor, person, company, or corporation, including con- tracting owners, to whom is awarded any contract for street work under this act, shall, before executing the said contract, file with the superin- tendent of streets, or county surveyor, a good and sufficient bond, approved by him, in a sum not less than one-half of the total amount payable accord- ing to the terms of said contract, such bond shall be made to inure to the benefit of any and all persons, companies, or corporations who perform labor on, or furnish materials to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to whom said contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceed- ing the sum specified in said bond. Any materialmen, person, company or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improvement, whose claim has not been paid by the said contractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from the time said improvement is completed, file with the superintendent of streets or county surveyor, a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation, filing the same or their assigns may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. SUPPLEMENT. 15 9. Sub. 1. The expenses incurred for any work authorized by this act (which expense shall not include the cost of any work done in such por- tion of any street as is required by law to be kept in order or repair by any person or company having railroad tracks thereon, nor include work which shall have been declared in the resolution of intention to be assessed on a district benefited) shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically provided; each lot or portion of a lot being separately assessed, in proportion to the frontage, at a rate per front foot sufficient to cover the total expense of the work. Sub. 2. The expense of all improvements, until the streets, avenues, street crossings, lanes, alleys, places, or courts, are finally accepted, as pro- vided in section 18 of this act shall be assessed upon the lots and lands, as provided in this section, according to the nature and character of the work. And after such acceptance the expense of all work thereafter done on the portion thereof lying within the municipality shall be paid by said municipality out of the street department fund, and all work thereafter done on the portion thereof lying without the boundaries of the munici- pality shall be paid by said county out of the general road fund, and if at any time thereafter the portion -thereof lying without the boundaries of the said municipality shall be included within its boundaries, then the ex- pense of all work thereafter done thereon shall be paid by said munici- pality out of the said street department fund. Sub. 3. The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot of the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, halfway to the next main street crossing, and three hundred feet on blocks where no such crossing intervenes within six hundred feet of such street crossing, but only according to its frontage in said quarter blocks and irregular blocks. Sub. 4. Where a main street terminates in another main street, the ex- penses of the work done on one-half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said main street; provided, that lots and lands more than three hundred feet from such termination on such cross street shall not be as- sessed for any portion of such expense at such termination, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Sub. 5. Where an alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots halfway on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or subdivision street, if it does not meet another. Sub. 6. The expense of work done on alley or subdivision street cross- ings shall be assessed upon the lots fronting upon such alley or subdivision streets on each side thereof, in all directions, halfway to the next street, place or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet another; provided that lots and lands more than three hundred feet from such crossing on such alley or subdi- vision street shall not be assessed therefor. Sub. 7. Where a subdivision street, avenue, lane, alley, place, or court terminates in another street, avenue, lane, alley, place or court, the expense 16 CALIFORNIA STREET LAWS. of the work done on one-half of the width of the subdivision street, avenue, lane, alley, place, or court opposite the termination, shall be assessed upon the lot or lots fronting on such subdivision street, or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, halfway on each side respectively to the next street, avenue, lane, alley, court, or place, or to the end of such street, avenue, lane, alley, place, or court, if it does not meet another; provided, that lots and lands located .more than three hundred feet from such termination on such subdivision street shall not be assessed therefor, and the other one-half of the width upon the lots front- ing such termination. Sub. 8. Where any work mentioned in this act (manholes, cesspools, culverts, crosswalks, piling, and capping excepted) is done on either or both sides of the center line of any street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expenses of said work so ordered shall be made upon the lots, or portions of the lots only fronting the portions of the work so ordered. Sub. 9. Section 1 of chapter 325 of the laws of this state, entitled "An. act amendatory of and supplementary to an act to provide revenue for the support of the government of this state, approved April twenty-ninth, eighteen hundred and fifty-seven," approved April nineteenth, eighteen hun- dred and fifty-nine, shall not be applicable to the provisions of this section; but the property herein mentioned shall be subject to the provisions of this act, and be assessed for work done under the provisions of this section. Sub. 10. The council, or board, may include in one resolution of inten- tion and order any of the different kinds of work mentioned in this act, and it may except therefrom any of said work already done upon the street to the official grade. The lots and portions of lots fronting upon said ex- cepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made. Sub. 11. Whenever the resolution of intention declares that the costs and expenses of the work and improvement are to be assessed upon a dis- trict, the council, or board, shall direct the city engineer, or county sur- veyor, to make a diagram of the property affected or benefited by the pro- posed work or improvement, as described in the resolution of intention, and to be assessed to pay the expenses thereof. Such diagram shall show each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces, or parcels of land, and the relative location of the same to the work proposed to be done, all within the limits of the assessment dis- trict; and when said diagram shall have been approved by the council, or board, the clerk shall, at the time of such approval, certify the fact and date thereof. Immediately thereafter the said diagram shall be delivered to the superintendent of streets, or county surveyor, of said municipality, or county, who shall, after the contractor of any street work has fulfilled his contract to the satisfaction of said superintendent of streets, or county surveyor, and council or board, on appeal, if an appeal is taken, proceed to estimate upon the lands, lots or portions of lots within said assessment district, as shown by said diagram, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece, or subdi- vision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the costs and expenses of such proposed work, and in so doing shall assess said total sum upon the several SUPPLEMENT. 17 pieces, parcels, lots, or portions of lots, and subdivisions of land in said district benefited thereby, to wit: upon each respectively in proportion to the estimated benefits to be received by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as provided in the next section and the provisions of subdivisions 3, 4, 5, 6, 7 and 8 of this section shall not be applicable to the work or improve- ment provided for in this subdivision. 10. After the contractor of any street work has fulfilled his contract to the satisfaction of the street superintendent, or county surveyor, and council, or board, on appeal, if an appeal is taken, the street superintendent, or county surveyor, shall make an assessment to cover the sum due for the work performed and specified in said contract (including any incidental expenses), in conformity with the provisions of the preceding section ac- cording to the character of the work done; or, if any direction and decision be given by said council, or board, on appeal, then in conformity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, if the assessment be made per front foot, the amount of each assessment, the name of the owner of each lot or portion of a lot (if known to the street superintendent, or county surveyor, if unknown the word "un- known" shall be written opposite the number of the lot), and the amount assessed thereon, the number of each lot or portion or portions of a lot assessed, and shall have attached thereto a diagram exhibiting each street or street crossing, lane, alley, place, or court, on which any work has been done, and showing the relative location of each district lot, or portion of Jot to the work done, numbered to correspond with the numbers in the assessments, and showing the number of feet fronting, or number of lots assessed, for said work contracted for and performed. 11. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets, or county surveyor, and counter- signed by the mayor of said municipality, or the president of said board. The said warrant shall be substantially in the following form: Form of the Warrant. By virtue hereof, I (name of the superintendent of streets) of the city of , county of , (or county surveyor of county, or city and county of ), and state of California, by virtue of the authority vested in me as said superintendent of streets, or county surveyor, do authorize and empower (name of contractor), (his or their) agents or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be (his or their) warrant for the same. (Date.) Countersigned by (name of mayor of municipality or president of board). > (Name of superintendent of streets or county surveyor.) Said warrant, assessment, and diagram, together with the certificate of the city engineer, or county surveyor, shall be recorded in the office of said superintendent of streets, or county surveyor. When so recorded, the sev- eral amounts assessed shall be a lien upon the lands, lots, or portions of lots assessed, respectively, for the period of two years from the date of said 18 CALIFORNIA STREET LAWS. recording, unless sooner discharged; and from and after the date of said recording of any warrant, assessment, diagram and certificate, all persons mentioned in section 13 of this act shall be deemed to have notice of the contents of the record thereof. After said warrant, assessment, diagram, and certificate are recorded, the same shall be delivered to the contractor, or his agent, or assigns, on demand, but not until after the payment to the said superintendent of streets, or county surveyor, of the incidental ex- penses not previously paid by the contractor, or his assigns; and by virtue of said warrant said contractor, or his agent, or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments. Whenever it shall appear by any final judgment of any court of this state that any suit brought to foreclose the lien of any sum of money assessed to cover the expense of said street work done under the provisions of this act has been defeated by reason of any defect, error, informality, omission, irregularity, or illegality in any assessment hereafter to be made and is- sued, or in the recording thereof, or in the return thereof made to, or re- corded by said superintendent of streets, or county surveyor, any person interested therein may, at any time within three months after the entry of said final judgment, apply to said superintendent of streets, or county surveyor, who issued the same, or to any superintendent of streets, or county surveyor, in office at the time of said application, for another assessment to be issued in conformity to law; and said superintendent of streets, or county surveyor, shall, within fifteen days after the date of said applica- tion, make and deliver to said applicant a new assessment, diagram, and warrant in accordance with law; and the acting mayor of the municipality, or president of the board, shall countersign the same as now provided by law, which assessment shall be a lien for the period of two years from the date of said assessment, and be enforced as provided in section 9 of this act. 12. The contractor, or his assigns, or some person in his, or their be- half, shall call upon the persons assessed, or their agents, if they can con- veniently be found, and demand payment of the amount assessed to each. If any payment be made the contractor, his assigns, or some person in his or their behalf, shall receipt the same upon the assessment in presence of the person making such payment, and shall also give a separate receipt if demanded. Whenever the persons so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "unknown" on the assessment, then the said contractor, or his assigns, or some person in his or their behalf, shall publicly demand pay- ment on the premises assessed. The warrant shall be returned to the super- intendent of streets, or county surveyor, within thirty days after its date, with a return indorsed thereon, signed by the contractor, or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof. Thereupon the super- intendent of streets, or county surveyor, shall record the return so made, in the margin of the record of the warrant and assessment, and also the original contract referred to therein, if it has not already been recorded at full length in a book to be kept for that purpose in his office, and shall sign the record. The said superintendent of streets, or county surveyor, is authorized at any time to receive the amount due upon any assessment list SUPPLEMENT. 19 and warrant issued by him, and give a good and sufficient discharge there- for; provided, that no such payment so made after suit has been commenced, without the consent of the plaintiff in the action, shall operate as a com- plete discharge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his office, on the payment to him of the amount of the assessment against any lot with interest, or on the production to him of the receipt of the party or his assigns to whom the assessment and warrant were issued; and if any contractor shall fail to return his warrant within the time and in the form provided in this section he shall thenceforth have no lien upon the property assessed; provided, however, that in case any warrant is lost, upon proof of such loss a duplicate can be issued, upon which a return may be made, with the same effect as if the original had been so returned. After the return of the assessment and warrant as aforesaid, all amounts remain- ing due thereon shall draw interest at the rate of 'ten per cent per annum until paid. 13. The owners, whether named in the assessment or not, the con- tractor, or his assigns, and all other persons directly interested in any work provided for in this act, or in the assessment, feeling aggrieved by any act or determination of the superintendent of streets, or county surveyor, in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act, determination, or proceedings of the superintendent of streets, or county surveyor, shall, within thirty days after the date of the warrant, appeal to the council, or board, by briefly stating their objections in writ- ing, and filing the same with the clerk of said council, or board. Notice of the time and place of the hearing, briefly referring to the work con- tracted to be done, or other subject of appeal, and to the acts, determina- tions or proceedings objected to or complained of, shall be published for five days. Upon such appeal, the said council, or board, may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the superintendent of streets, or county surveyor, relative to said work; may confirm, amend, set aside, alter, modify, or correct the assessment in such manner as to them shall seem just, and require the work to be completed according to the directions of the council, or board; and may instruct and direct the superintendent of streets, or county surveyor, to correct the warrant, assessment, or diagram in any par- ticular, or to make and issue a new warrant, assessment, and diagram, to conform to the decisions of said council, or board, in relation thereto, at their option. All the decisions and determinations of said council, or board, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities, and irregularities which said council, or board, might have remedied and avoided; and no assessment shall be held invalid, except upon appeal to said council, or board, as provided in this section for any error, informality, or other defect in any of the proceedings prior to the assessment, or in the assessment itself, where notice of the intention of the council, or board, to order the work to be done, for which the assessment is made, has been actually published in any designated newspaper of said city for the length of time prescribed by law, before the passage of the resolution ordering the work to be done. 20 'CALIFORNIA STREET LAWS. 14. At any time after the period of thirty-five days from the date of the warrants, as herein provided, or if an appeal is taken to said council, or board, as provided in section 13 of this act, at any time after five days from the decision of said council, or board, or after the return of the war- rant or assessment, after the same may have been corrected, altered, or modified, as provided in said section 13 (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his own name, the owner of the land, lots, or portions of lots, assessed on the day of the date of the recording of the warrant, assessment, and dia- gram, or any day thereafter during the continuance of the lien of said as- sessment, and recover the amount of any assessment remaining unpaid, with interest thereon at the rate of ten per cent per annum until paid. And in all cases of recovery under the provisions of this act, the plaintiff shall recover the sum of fifteen dollars, in addition to the taxable cost as attor- ney's fees, but not any percentage upon said recovery. And when suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, the plaintiff shall also be entitled to have and recover said sum of fifteen dollars, as attorney's fees, in addition to all taxable costs, notwithstanding that the suit may be settled or a tender may be made before a recovery in said action, and he may have judgment there- for. Suit may be brought in the superior court of the county within whose jurisdiction the said work has been done, and in case any of the assess- ments are made against lots, portions of lots, or lands the owners thereof cannot, with due diligence, be found, the service in each of such actions may be had in such manner as is prescribed in the codes and laws of this state. The said warrant, assessment, certificate, and diagram, with the affidavit of demand and nonpayment, shall be held prima facie evidence of the regu- larity and correctness of the assessment and of the prior proceedings and acts of the superintendent of streets, or county surveyor, and council, or board, upon which said warrant, assessment, and diagram are based, and like evidence of the right of the plaintiff to recover in the action. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such prem- ises to be sold on execution, as in other cases of the sale of real estate by the process of said courts; and on appeal, the appellate courts shall be vested with the same power to adjudge and decree a lien and to order such premises to be sold on execution or decree as is conferred on the court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pending, or hereafter brought to recover street assessments, the proceedings therein shall be governed and regulated by the provisions of this act, and also, when not in conflict herewith, by the codes of this state. This act shall be liberally construed to effect the ends of justice. 15. The council, or board, instead of waiting until the completion of the improvement, may, in its discretion, and not otherwise, upon the completion of two blocks or" more of any improvement, order the street superintendent, or county surveyor, to make an assessment for the pro- portionate amount of the contract completed, and thereupon proceedings and rights of collection of such proportionate amount shall be had as pro- vided herein. 16. The records kept by the superintendent of streets, or county sur- veyor in conformity with the provisions of this act, and signed by him, SUPPLEMENT. 21 shall have the same force and effect as other public records, and copies therefrom, duly certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge. 17. Notices in writing which are required to be given by the super- intendent of streets, or county surveyor, under the provisions of this act, may be served by any person with the permission of the superintendent of streets, or county surveyor, and the fact of such service shall be verified by the oath of the person making it, taken before the superintendent of streets, or county surveyor, who for that purpose, and for all other pur- poses, and in all cases where a verification is required under the pro- visions of this act, is hereby authorized to administer oaths, or other person authorized to administer oaths, or such notices may be delivered by the superintendent of streets, or county surveyor, himself, who must also verify the service thereof, and who shall keep a record of the fact of giving such notices, when delivered by himself personally, and also of the notices and proof of service when delivered by any other person. 18. Whenever any street, or portion of a street, has been or shall hereafter be fully constructed to the satisfaction of the superintendent of streets or county surveyor, and of the council, or board, and is in good condition throughout and a sewer, gas-pipes, and water-pipes are laid therein, under such regulations as the council, or board, shall adopt, the same shall be accepted by the council, or board, by ordinance, and there- after shall be kept in repair and improved by the said municipality, or county as herein directed ; provided that the council, or board, may par- tially or conditionally accept any street, or portion of a street, without a sewer, or gas-pipes, or water-pipes therein, if the ordinance of acceptance expressly states that the council, or board, deems such sewer, or gas- pipes, or water-pipes to be then unnecessary, but the lots of land pre- viously, or at any time, assessable for the cost of constructing a sewer shall remain and be assessable for such cost, and for the cost of repairs and restoration of the street damaged in the said construction, whenever said council, or board, shall deem a sewer to be necessary, and shall order it to be constructed, the same as if no partial or conditional accept- ance had ever been made. The superintendent of streets, or county sur- veyor, shall keep in his office a register -of all streets accepted by the council, or board, under this section, which register shall be indexed for easy reference thereto. 19. The council, or board, shall have full power and authority to con- struct sewers, gutters, and manholes and provide for the cleaning of the same, and culverts or cesspools, or crosswalks or sidewalks, or any portion of any sidewalk upon or in any of such streets, avenues, lanes, alleys, courts or places, and also for drainage purposes over or through any right of way obtained or granted for such purposes, with necessary and proper outlet or outlets to the same, of such materials, in such a manner, and upon such terms as it may be deemed proper. 20. The said council, or board, may, in its discretion, order by resolu- tion that the whole or any part of the cost and expenses of any of the work mentioned in this act be paid out of the treasury of the municipality, or county, from such fund as the council, or board, may designate. When- 22 CALIFORNIA STREET LAWS. ever the work to be done is situated partly within, and partly without, the municipality, both the council and the board may, in their discretion, order, by resolution, that the whole, or any part of the costs and expenses of the work mentioned in this act, be paid out of the treasury of said municipality, or county, or both, and when the whole or a portion thereof is to be paid out of both, each shall pay such proportion thereof as may be agreed upon, from such funds as the said council or board may designate. 21. Whenever a part of such cost and expenses is so ordered to be paid, the superintendent of streets, or county surveyor, in making up the assess- ment heretofore provided for such cost and expenses, shall first deduct from the whole cost and expense such part thereof as has been so ordered to be paid out of the municipal treasury or county treasury, as the case may be, and shall assess the remainder of said cost and expense proportionately upon the lots, parts of lots, and lands fronting on the streets where said work was done, or liable to be assessed for such work, and in the manner hereto- fore provided. 22. The city engineer, or where there is no city engineer, or the pro- ceedings hereunder are before the board of supervisors, the county, or city and county surveyor shall be the proper officer to do the surveying and other engineering work necessary to be done under this act, and to survey and measure the work to be done under contracts for grading and macadamizing streets, and to estimate the costs and expenses thereof; ancl every certificate signed by him in his official character shall be prima facie evidence in all courts in this state of the truth of its contents. He shall also keep a record of all surveys made under the provisions of this act, as in other cases. 23. The term "incidental expenses," as used in this act, shall include the compensation of the city engineer or county surveyor for work done by him to be fixed by said council or board; also the cost of printing and advertising as provided in this act, and not otherwise. All demands for incidental expenses mentioned in this section shall be presented to the street superintendent, or county surveyor, bx itemized bill, duly verified by oath of the demandant. 24. The notices, resolutions, orders or other matter required to be pub- lished by the provisions of this act, shall be published in a daily newspaper, in municipalities where such there is, and where there is no daily newspaper, in a semi-weekly or weekly newspaper, to be designated by the council, or board, as often as the same is issued, and no other statute shall govern or be applicable to the publications herein provided for; provided, however, that only in case there is no daily, semi-weekly or weekly newspaper printed or circulated in any such municipality then such notices, resolutions, orders or other matters as are herein required to be published in a newspaper, shall be posted and kept posted for the same length of time as required herein for the publication of the same in a daily, semi-weekly or weekly newspaper, in three of the most public places in such municipality. Proof of the publi- cation or posting of any notice provided for herein shall be made by affidavit SUPPLEMENT. 23 of the owner, publisher or clerk of the newspaper, or of the poster of the notice. No publication or notice, other than that provided for in this act, shall be necessary to give validity to any of the proceedings provided for herein. 25. Whenever the words "council" or "board" are used herein only that word applying to the body before which the proceedings are pending shall be used in the reading and construction of the provisions of this act in relation to proceedings before such body. The word "council" is hereby declared to include any body or board which, under the law is the legislative department of the government of any municipality. The word "board" is hereby declared to include the board of supervisors of any county, or city and county. 26. The words "superintendent of streets," "street superintendent" or "city engineer" used herein, shall be used in the application and construction of this act only when the resolution of intention and the proceedings are under the jurisdiction of the council of the municipality, and this act shall then be read and construed as if the words "or county surveyor," were not incorporated herein, and when the resolution of intention and the pro- ceedings are under the jurisdiction of the board of supervisors, the county surveyor shall perform all of the acts and duties herein required of the superintendent of streets and city engineers, and this act shall be read and construed, when said proceedings are under the jurisdiction of the board of supervisors, as if the said words "street superintendent," "superintendent of streets" and "city engineer" were not incorporated herein, and the words "county surveyor" only were used. 27. The words "work," "improved" and "improvement," as used in this act shall include all work mentioned in this act, and also the construction, reconstruction and repairs of all or any portion of said work. 28. The word "municipality," as used in this act, shall be understood and so construed as to include and is hereby declared to include, all corpora- tions heretofore organized and now existing, and those hereafter organized, for municipal purposes. 29. The words "paved" or "repaved," as usd in this act, shall be held to mean and include pavement of stone, whether paving blocks or macadam- izing, or of bituminous rock or asphalt, or of iron, wood or other material, whether patented or not, which the council or board shall by ordinance adopt. 30. The word "street," as used in this act, shall be deemed to, and is hereby declared to, include avenues, highways, lanes, alleys, crossings, or intersections, courts and places, and the term "main street" means such actually opened street or streets as bound a block; and the word "blocks" whether regular or irregular, shall mean such blocks as are bounded by main streets, or partially by a boundary line of the municipality. 31. The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to include, and 24 CALIFORNIA STREET LAWS. are hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof in any municipality. In all those municipalities where there is not a street superintendent or superintendent of streets the council thereof is hereby author- ized and empowered to appoint a suitable person to discharge the duties herein laid down as those of street superintendent, or superintendent of streets; and all provisions hereof applicable to the street superintendent, or superintendent of streets shall apply to such person so appointed. 32. The term "clerk" as used in this act, is hereby declared to include any person or officer who shall be clerk of the said council, or board. 33. The term "quarter block" as used in this act as to irregular blocks, shall be deemed to include all lots or portions of lots having any frontage on either intersecting street halfway from such intersection to the next main street or, when no main street intervenes within six hundred feet of such intersection, only those lots or portions of lots or lands within a dis- tance of three hundred feet therefrom shall be considered as being within the quarter block. 34. The term "one year," as used in this act, shall be deemed to include the time beginning with January first and ending with the thirty-first day of December of the same year. 35. That said act shall take effect and be in force immediately upon its passage. 3. An Act Eelating to the Opening of Streets Through Cemeteries. [Approved April 24, 1911. Stats. 1911, p. 1100.] 1. No streets, alleys or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county of this state, where burials have been had within five years prior thereto, without the consent of the corporation or association owning and controlling such cemetery. SUPPLEMENT. 25 II. TEXT OF CHARTER PROVISIONS. 1. Los Angeles, p. 25. 2. Palo Alto, p. 25. 3. Petaluma, p. 25. 4. Pomona, p. 26. 5. Santa Barbara, p. 27. 6. Santa Cruz, p. 27. 7. Vallejo, p. 27. 1. Los Angeles. (Stats. 1911, p. 2051.) Section 2. The city of Los Angeles, in addition to any other powers now held by, or that may hereafter be granted to it under the constitution or laws of the state, shall have the right and power: (13) To establish, lay out, open, extend, widen, narrow, or vacate, pave or repave, or otherwise improve streets, lanes, alleys, boulevards, cross- ings, courts, and other highways and public places. [The other sections are unchanged.] 2. Palo Alto. (Stats. 1911, p. 2040.) Article IX, section 13a. The city of Palo Alto shall have the power to repair or improve all streets or avenues in said city upon which street rail- way tracks are laid between the rails of said tracks and for two feet on either side thereof; said city shall also have the power to repair all excava- tions made in streets by any public service corporation, company or person. All said work done by the city on account of street railways or excavations to be a lien upon any property of the corporation, company or person on whose account the work is done. The person, company or corporation own- ing or operating any street railway in said city shall pay to the city one- third of the annual cost of watering, oiling, or otherwise treating such streets for laying dust thereon. The council shall have power to adopt ordinances for the purpose of carrying out and enforcing this provision. [This is an additional provision.] 3. Petaluma. (Stats. 1911, p. 1799.) Article III, section 21. The council shall have the power by ordinance which shall not be in conflict with any street (state) law now on the stat- utes of the state of California or which in the future will be placed on the statutes of this state and such ordinance may embrace all the powers as are granted by any state law now in existence or which shall be in the future 26 CALIFORNIA STREET LAWS. in existence: To establish and change the grade and lay out, open, extend, widen, change, pave, repave, or otherwise improve all public streets and highways and public places, construct sewers, drains and culverts, to plant trees, construct parking, and to remove shrubs and weeds, or cause objec- tionable shrubs and weeds or any manner of uncleanliness or obstruction to be removed and compel the owner of the property to pay for such removal, to levy special assessments to defray the whole or any part of the cost of such works or improvements. Also to provide for the repair, cleaning, and sprinkling of such streets and public places. Article III, section 53. To establish or change the grade of any street or public place. Article III, section 58. To require every railroad company to keep the streets in repair between the tracks, and along and within the distance of two feet upon each side of the track occupied by the company, and to sprinkle the same. Article III, section 68. In the absence of any procedure for carrying out or effectuating any granted or implied power or authority, the general law of this state where applicable and where not inconsistent with any express provision, of this charter shall prevail and shall be followed. 4. Pomona. (Stats. 1911, p. 1913.) Section 52. Without denial or disparagement of other powers held under the constitution and laws of the state, the city of Pomona shall have the right and power: 46. To provide by ordinance for the planting, maintenance, or care of shade and ornamental trees in streets and other public places, and for the removal of unsightly and dead trees therefrom; and to make the cost thereof a lien and charge upon the abutting property, and to make provision for the enforcement of such lien. 47. To build and repair bridges; to establish, lay out, alter, keep open, close, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city; to drain, sprinkle, oil and light the same; to remove all obstructions therefrom, to establish or change the grades thereon; to grade, pave, macadamize, gravel and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks and crosswalks thereon or on any part thereof; to cause to be planted, set out and cultivated, shade trees therein; and generally, to manage and control all such highways and places; and in the exercise of the powers herein granted, to expend in their discretion, the ordinary annual income and revenue of the municipality in payment of the costs and expenses of the whole or any part of such work or improvement. 56. To require every railroad to keep the streets in repair between the tracks, and along and within the distance of two feet upon each side of the tracks occupied by the company, and to sprinkle the same. 67. In the absence of any procedure for carrying out or effectuating any granted or implied power or authority, the general law of this state where SUPPLEMENT. 27 applicable and where not inconsistent with any express provision of this charter shall prevail and shall be followed. 128. Except as provided herein and unless otherwise provided by ordi- nance, the general law of the state of California relative to the improvement of, and work upon streets, lanes, alleys, courts, places and sidewalks, includ- ing the construction of sewers and providing for the laying out, opening, extending, widening, straightening or closing up in whole or in part of any street, square, lane, alley, court or place within municipalities, and to con- demn and acquire any and all land and property necessary and convenient for that purpose; and for providing a system of street improvement bonds to represent certain assessments for the cost of street work and improve- ments within municipalities, and to provide for the payment of such bonds; and providing for the planting, maintenance and care of shade trees upon streets, lanes, alleys, courts and places within municipalities, and of hedges upon the lines thereof, and for the eradication of weeds within city limits, now in force, or which may hereafter be adopted by the legislature of this state is hereby made a part of this charter, and shall govern the council in euch matters. 5. Santa Barbara. (Stats. 1911, p. 1478.) Section 43. The council shall have power: 1. To establish or alter the widths and grades of, and to open, lay out, alter, extend, close, straighten, and otherwise regulate streets, avenues, alleys, lanes and sidewalks and crosswalks upon the same, and in or over any plaza, park or grounds be- longing to or under the control of the city, and to provide for acceptance of the streets when constructed and completed in accordance with such regulations as the council may adopt. 6. To provide for and regulate street pavements, crosswalks, curbstones, grades, gutters, sewers and cleaning and watering of streets. [The other provisions are unchanged.] 6. Santa Cruz. (Stats. 1911, p. 1861.) Article IT, section 14. To establish and change the grade and to lay out, open, extend, widen, narrow, change, vacate, pave, repave, gravel, surface, resurface, improve, and keep in order streets, alleys, highways, sidewalks, and crossings and public squares, parks, and places. [The other provisions are unchanged.] 7. Vallejo. (Stats. 1911, p. 1958.) Section 49 In addition to all such powers, the council, subject to the provisions and restrictions of this charter, shall have power: (44) To establish or change the grade of any street or public place. 28 CALIFORNIA STREET LAWS. (45) To order the whole or any portion, either in length or width, of any street, avenue, lane, alley, court, public place, or sidewalk within the city of Vallejo to be graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized or remacadamized, graveled or regraveled, piled or replied, capped or recapped, oiled or reoiled, sewered or resewered, and to order sidewalks, manholes, culverts, bridges, cesspools, gutters, tunnels, curbing and crosswalks to be constructed therein or thereon, and to order storm-water ditches and channels, breakwaters, levees or walls of rock or other material to protect the same from overflow or injury, and to order any other work to be done which shall be necessary to complete the work or any portion of said streets, avenues, lanes, alleys, courts, public places, or sidewalks; also to order any other work or improvement therein or thereon; to provide for th'e care of shade trees planted therein or thereon, and to cause shade trees to be planted, set out and cultivated therein or thereon, and also to order a sewer or sewers, with outlets, for drainage or sanitary purposes in, on, over, or through private property. Whenever, in the judgment of the council, the cost and expense of any of the foregoing improvements should be paid by special assessment on private property, the general laws of the state of California in force at the time of the improve- ment shall govern and control, and all proceedings shall be in conformity thereto. (46) To order the opening, extending, widening, straightening or closing of any street, lane, alley, court, or public place within the city or over the tide land or lands within the city covered by the waters of the Mare Island Straits, and to condemn or acquire any and all property necessary or con- venient for that purpose. Whenever, in the judgment of the council the cost and expense of any of the foregoing improvements should be paid by special assessment on private property, the general laws of the state of California in force at the time of the improvement shall govern and control, and all proceedings shall be in conformity thereto, except that no commis- sioner, secretary or attorney shall be appointed, and that all the duties imposed on commissioners, secretaries and attorneys under the general law shall be performed under the direction of the commissioner of public works and the city attorney of the city, neither of whom shall receive compensation therefor; provided, that nothing contained in this subdivision shall be con- strued as affecting any pending proceeding. To make provision for the deposit with the treasurer, by any person, firm or corporation desiring to open any sidewalk, street, alley, lane, court, park or other public place, for the purpose of laying or removing any pipe, wire, conduit, sewer or other struc- ture therein, of moneys sufficient to cover the cost of refilling and covering such opening and restoring the sidewalk, street, lane, alley, court, park or other public place to the condition in which it was before such opening was made, and to provide for the doing of such work at the expense of the person, firm or corporation making such opening, such expense to be paid out of such deposit. [This is a new charter, and supersedes the old charter discussed in the text.] T* UNIVERSITY dF CALIFORNIA ANGBLES LAW LIBRARY UNIVERSITY OF CALIFORNIA r/ora =z PAMPHLET BINDER Syracuse, N. Y. Stockton, Calif.