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 WITHDRAWN 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.