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Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 230 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 230 of 295)
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the completion of the posting of such notices and the date of such com-
pletion and thereafter all persons shall be deemed to have notice of the
date of the completion of such posting.

Protest and hearing.

§ 6. At any time within fifteen days after the date of the second
publication of" the resolution of intention, or if the posting of the notice
of improvement has been completed after the second publication of the
resolution of intention, then w-ithin fifteen days after the date of the
completion of the posting of the said notice of improvement, any owner
of property liable to be assessed for said work may make written protest
against the proposed work or against the extent of the district to be
assessed, or both. Such protest must be in writing and be delivered to
the said clerk of the city council, who shall indorse thereon the date of
its receipt by him. At the next regular meeting of the city council after
the expiration of the time within which said protest may be so made, the



Act 3937, §§ 7-10 general laws. 2038

city council shall proceed to hear and pass upon all protests so made and
its decision shall be final and conclusive; provided, however, that when
the protest is against the proposed work, and the cost thereof is to be
assessed upon the property fronting thereon, and the city council finds
tliat such protest is made by the owners of a majority of the property
fronting on the projtosed work, or wlirn the protest is against the pro-
posoil work and the cost thereof is to be assessed upon the property
witliin a district, and the city council finds that such protest is made by
the owners of more than one-half of the area of the property to be
assessed for said improvements, no further proceedings shall be taken for
a period of six months from the date when said protest was received by
tlio said clerk of said city council, unless the said protest be ovcrrul< d
by an afTirmati-ve vote of four-fifths of the members of the city council.
The city council may adjourn said hearing from time to time.

Jurisdiction — When acquired.

§ 7. When no protests have been delivered to the clerk of the city
council within fifteen days after the date of the second publication of
the resolution of intention, or if the posting of the notice of improvemer.t
has been completed after the second publication of the resolution of in
tcMition, then within fifteen days after the date of the completion of th^^
l>ostirig of the said notice of imiirovement, or when a protest shall hav,
been found by said city council to be insufTicient, or shall have been over
ruled, or, when a protest against the extent of the proposed district, shall
h.ivo been heard and denied, imnieiliatcly thereupon the city council shall
be deemed to have acquired jurisdiction to order the proposed improve-
uients.

Plans and specifications.

§ 8. Before passing; any resolution for tlie cnn«tructif»n of improvr-
iiionts, ])lans and specifications and careful estimates of the costs and
expenses thereof shall bo furnished to said city council, if required by it.
by tlie city engineer of said city; and for the work of constructing
sewers, specifications shall always be furnished bv him.

Descriptions by reference.

§ 9. In all n solutions. n(,iti('es. or«lers and det«rminations subsequent
to resolution of intention and notice of improvement, it shall be sutfi
cient to briefly describe the work or the assessment district or both and
to refer to the resolution of intention for further particulars.

Inviting sealed proposals.

§ 10. r.cfiiic tiu> awarding of any contract by the city rouncil for
doing any work authorized by this act. the city council shall pass a
resolution ordering the work. Notice, with specifications, shall be posted
conspicuously for five days on or near the council chamber door of '■ '
council, inviting sealed proposals or bids for doing the work or
Notice inviting such proposals, and referring to the specifications j



2039 STREETS. Act 3937, §§ 11

or on file, shall be published twice in a daily, semi-weekly, or weekly
newspajier published and circulated in said city, designated by the coun-
cil for that purpose, and in case there is no newspaper published in said
city, then it shall only be posted as hereinbefore provided. The time
fixed for the opening of bids shall be not less than ten days from the
time of the first publication or posting of said notice. All "proposals or
bids offered shall be accompanied by a check payable to the city 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 pa^'ablo, signed by the bidder and two sureties, who shall
justify, before any officer competent to administer an oath, in double the
said amount, and over and above all statutory exemptions. Said pro-
posals or bids shall be delivered to the clerk of the said city council,
and said council shall, in open session publicly open, examine and de-
clare the same; provided, however, that no proposal or bid shall be con-
sidered unless accompanied by said check or bond satisfactory to the
council. The city council 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 or unfaithful in any former contract with the munici-

f»ality, and shall reject all proposals or bids other than the lowest regu-
ar proposal or bid of any responsible bidder, and may award the contract
for said work or improvement to the lowest responsible bidder at the
prices named in his bid. If the bids are rejected or no bids received
the city council may within six months thereafter readvertise for pro-
posals or bids for the performance of the work as in the first instance,
without further proceedings, 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 rejected.
But the cheeks accompanying such accepted proposals or bids shall be
held by the city clerk of said city until the contract for doing said work,
as hereinafter provided, has been entered into, either by said low-est
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 iuiprovement, as hereinafter provided, then the certified check accom-
panying his bid and the amount therein mentioned, shall be declared to
be forfeited to said city and shall be collected by it and paid into the
general fund, and any bond forfeited may be prosecuted, and the amount
due thereon collected and paid into said fund.

Notice of awarding contract.

§ 11. Notice of such award of contracts shall be posted for five days,
in the same manner as hereinbefc're provided for the posting of proposals
for said work, and shall be published twice in a daily newspaper pub-
lished and circulated in said city and designated by said city council, or
in cities where there is no daily newspaper by one insertion in a semi-
weekly or weekly newspaper so published, circulated and designated; pro-



Act 3937, §§ 12-14 general l.\ws. 2040

vided, however, that in case there is no newspaper printed or published
in any such city, then such notice of award shall only be kept posted
as hereinbefore provided.

Owners may take contract.

§ 12. The owners of three-fourths of the frontage of lots and lands
liable to be assessed, or their agents, and who shall make oath that they
are such owners or agents, shall not be required to present sealed pro-
posals or bids, but may, within ten <lays after the first publication 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, and all work done under such contract shall be subject to such
regulations as may be jircacribed by ordinance of the city council. Should
the said owners fail to elect to take said work, and to enter into a writ-
ten contract therefor within ten days, or to commence the work within
fifteen days after the date of such written contract, and to prosecute the
same with diligence to completion, it shall be the duty of the superin-
tendent of streets to enter into a contract with the original bidder to
whom the contract was awarded, and at the prices specified in his bid.

All contracts entereil into between the owners of any property and the
contractor or his agents shall be in duplicate and shall contain all items
of exjicnse and the total contract price therefor, and no other payment
shall be allowed to or recovered by such contractor, other than as item-
ized and act forth in said contract. The original of such contract shall
be held by the contractor or his agent, and the duplicate shall be held by
the owners, who must receipt to the agent or contractor therefor.

Readvertislng for bida.

§ 13. But if such original bidder neglects, fails ot refuses, for flffeeu
(lays after the first publication of the notice of award, to enter into the
contratt, then the city council, without further proceedings, shall again
advertise for proposals or bids, as in the first instance, anil award the
contract for said work to the then lowest regular bid<ler. Should no bids
be received in response to this second call for proposals, the council may
again advertise for bids under the same proceedings, at any time within
six months from the time set for the last reception of bids, and let the
contract to the then lowest bidder, and such delay shall in no way affect
the validity of any of the proceedings or assessments levied thereunder.
The bids of all persons and the election of ail owners, as aforesaid, who
have failed to enter into the contract, as herein jirovided. shall be re-
jected in any bidding or election subsequent to the first for the same
work.

Delinquent contractors.

§ 14. If tlio owner or contractor who may have taken any contract,
does not complete tlie same within the time limited in the contract, or
within such further time as the city council may give him. the suporin
tendent of streets shall report such delinquency to the city council which



2041 STREETS. Act 3937, §§ 15-18

may relet the iinfinislied portion of said work, after pursuing the formali-
ties prescribed hereinbefore for the letting of the whole in the first
instance.

Bond for faithful performance.

§ 15. All contractors, contracting owners included, shall, at the time
of executing any contract for street work, execute a bond to the satis-
faction and apjiroval of the superintendent of streets of said city, with
two or more sureties and payable to such city, in a sum not less than
twenty five per cent of the amount of the contract, conditioned for the
faithful performance of tiie contract; and the sureties shall justify be-
fore any person competent to administer an oath, in double the amount
mentioned in said bond, over and above all statutory exemptions.

Protesting erroneous proceedings.

§ 16. At any time within ten days from the date of the first publica-
tion of the notice of award of contract, any owner of, or other person
having any interest in any lot or land liable to assessment, who claims
that any of the previous acts or proceedings, relating to said improve-
ment are irregular, defective, erroneous or faulty, may file with the clerk
of the city council a written notice specifying in what respect said acts
and proceedings are irregular, defective, erroneous or faulty. Said notice
shall state that it is made in pursuance of this section. All objections
to any act or proceeding occurring prior to the date of the first publication
of the aforesaid notice of award, in relation to said improvement, not
made in writing and in the manner and at the time aforesaid, shall be
waived, provided, the resolution of intention to do the work has been
actually published and the notices of improvement posted as provided in
this act.

Advancing incidental expenses.

§ 17. 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, for payment by him, the
cost of publication of the notices, resolutions, orders and matters re-
quired under the proceedings prescribed in this act, and of such other
notices as may be deemed requisite by the city council, together with all
other incidental expenses. And in case the work is abandoned by the
city before the letting of the contract the incidental expenses incurred
previous to such abandonment shall be paid out of the city treasury.

Conditions in contract. .

§ 18. The superintendent of streets is hereby authorized, in his official
capacitv, to make all written contracts, and to receive all bonds author-
ized 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



Act 3937, § 19



GENERAL LAWS.



2042



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 city coun-
cil. The work must, in all cases, be done under the direction and to the
satisfaction of the superintendent of streets and the materials used
shall comply with the specifications and be to the satisfaction of said
superintendent of streets, and all contracts made therefor must contain
a provision to that effect, and also expros^s notice that, in no case, except
where it is otherwise provided by law or the city charter will the city,
or any officer thereof, be liable for any |X)rtion of the expense, nor for
any delinquency of persons or property assessed. The city council may,
by ordinance, prescribe general rules directing the superintendent of
streets and the contractor as to the materials to be used, and the mode
of executing the work, under all contracts thereafter made. The assess-
ment and apportionment of the expenses of all such work, or improve-
ment shall be made by the superintendent of streets in the mode pro-
vided by this act.

Bond for labor and material.

§ 19. Every contr.ictor, person, company, or corporation, including
contracting owners, to whom is awarded any contract for street work
under this act, shall, before executing the said contract, file with the
superintendent of streets a good and sufficient bond, approved by the
piavor. in a sum not less than one half of the total amount payable by
the* terms of said contract; such bond shall be executed by the principal
and at least two sureties, who shall qualify for double the sum specific.!
in said bond, and 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 or improvement, and shall provide
tliat if tlie contractor, person, company or corporation to whom said con-
tract was awarded fails to i>ay for any materials so furnished for the
said work or 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 materialman, person, company
or corporation, furnishing materials to be used in the performance of
said work specified in said contract, or who jwrformed work or labor
upon the said iuii>rovement, whose claim has not been paid by the said
contractor, companv or corporation, to whom the said contract was
awarded, may, within thirty days from tlie time said i^nprovement is
completed, file with the superintendent of streets 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 recov-
ery of the amount due on said claim, together with the costs incurred
in" said action, and a reasonable attoruey fee, to be fixed by the court,
for the prosecution thereof.



2043 STREETS. Act 3937, § 20

Assessment for street improvement.

§ 20. Subdivision 1. The expenses incurred for any work authorized
liv this act (which expense shall not inolude the cost of any work done
III such pt>rtion 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 inten-
tion to be assessed on a district benefited) shall be assessed upon the lots
and lands fronting thereon, except as otherwise in this act specifically
provided; each lot or portion of a lot being separately assessed, in pro-
portion to the frontage, at a rate per front foot sufficient to cover the
total expense of the work.

Street crossings.

Subdivision 2. The expense of the work done on main street cross-
ings shall be assessed at a uniform rate per fronts 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, or to the end of such street if it
does not meet another, and all the way on said blocks to a boundary
line of the city where no such crossing intervenes, but only according to
its frontage in said quarter blocks and irregular blocks.

When street terminates in main street.

Subdivision 3. Where a main street terminates in another main
street, the expenses 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 that side, accord-
ing to the frontage of such lots on said main streets, and the expense
of the work on the other half of the width of said street when the
work is sewering of the terminating street only, shall be assessed
upon the lots fronting on the termination and the lots adjacent to said
lots on each side halfway from the termination to the next terminat-
ing or intersecting street, according to the frontage of such lots on
that side, and in all other work done on the termination, the property
fronting on the termination shall be considered frontage and be assessed
as set forth in subdivision 1 of this section.

Alley and main street crossings.

Subdivision 4. Where any alley or subdivision street crosses a main
street, the expense of all w"ork 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.

Alley and subdivision crossings.

Subdivision 5. The expense of vrork done on alley or subdivision
street crossings shall be assessed upon the lots fronting upon such alley



Act 3937, § 20 general laws. 2044

or subdivision streets on each side thereof, in all directions, halfway
to the next street, place or court, on either side, respectivelv, or to the
end of such alley or subdivision street, if it does not meet another.

When alley terminates in street.

.Subdivision <>. Where a subdivision street, avenue, lane, alley, place
or i-ourt terminates in another street, avenue, lane, alley, place or
court, the expense of the work done on one-half of the width of the
sulidivision street, avenue, lane, alley, place or court opposite the ter-
mination, shall be assessed upon the lot or lots fronting on such sub-
division street, avenue, lane, alley, place or court so termiinating, ac-
cording to its frontage thereon, halfway, on each side respectively, to
the next street, avenue, lane, alley, place or court, or to the end of
such street, avenue, lane, alley, place or court, if it does not meet
another, and the expanse of the work on the other half of the width
when the work is sewering of the terminating subdivision street,
avenue, lane, alley, place or court, shall be assessed upon the lots front-
ing on the termination and the lots adjacent to said lotfl on each side
halfway from the termination to the next terminating or intersecting
street, accoriling to the frontage of such lots on that side, and in all
other work done on the termin.ation the property fronting on the ter-
mination shall be considered frontage and be assessed as set forth
in subdivision 1 of this section.

Work on one side of street.

Snbdivision 7. \\ her.' any work mentioned in this act (manholes,
sewers, cesspools, culvt rts. crosswalks, piling and capping excepted) is
done on one .tide of the cent.^r line of any street, or *'\vering or re
sewering is ordered to be done under the sidewalk on only one side of
any street for any length thereof, the assessment for the expenses
thereof shall be made only upon the lot-s and lands fronting nearest
upon that side of the street and for intervening inters«»<'tion8 only
upon the two quarter blocks adjoining and cornering upon that side.

Land belonging to United States or to state.

Subdivision 8. NVhenover any lot, piece or parcel of land belonging
to the Ignited States, or to the state of California, or any lot, piece or
parcel of land belonging to any county, city, public agent, mandatory
of the government, school board, educational, penal or reform insti-
tution, or institution for the feeble-minded or the insane, and being in
use in the performance of any public function, shall front upon the pro-
posed work or improvement, or be included within the district declared
by the city council in its resolution of intention to be the district to
be assessed to pay the costs and exju^nses thereof, said city council
may, in the resolution of intention. de>lare that said lots, pieces or
parcels of land, or any of them, shall be omitted from the assessment
thereafter to be made to cover the costs anil expenses of said work or
improvement. In the event that said lots, pieces or parcels of land, or



2045 STREETS. Act 3937, § 20

any of them, shall by said resolution be omitted from the assessment,
then the total expense of all work done shall be assessed on the remain-
ing lots fronting on the work or improvement, or lying within the limits
of the assessment district, without regard to such omitted lots, pieces
or parcels of land. In the event that the council shall, in such resolu-
tion of intention, declare that said lots, pieces or parcels of land so
owned as aforesaid, or any of them, shall be included in the assess-
ment, or in the event that no declaration is made respecting such lots,
pieces or parcels of land, or any of them, then said city shall be liable
for such sum or sums as may thereafter be assessed against any such
lots, pieces or parcels of land so owned and used, and so included in
the assessment by reason of the aforesaid declaration, or such lots,
pieces or parcels of land so owned and used respecting which the
resolution of intention makes no declaration, which shall be payable
by the said city out of the general fund unless the legislative body shall
in its resolution of intention designate another fund.

Owners may improve street. Owner entitled, to credit.

Subdivision 9. It shall be lawful for the owner or owners of lots
or lands fronting upon any street, the width and grade of which have
been established by the city eouneil, to perform, at his or their own
expense (after obtaining permission from the council so to do, but
before said council has passed its resolution of intention to order grad-
ing inclusive of this), any grading upon said street, to its full width,
or to the center line thereof, and to its grade as then established, and
thereupon to procure, at his or their own expense, a certificate from
the city engineer, setting forth the number of cubic yards of cutting
and filling made by him or them in said grading, and the proportions
performed by each owner, and that the same is done to the established
width and grade of said street, or to the center line thereof, and there-
after to file said certificate with the superintendent of streets, which
certificate the superintendent shall record in a book kept for that pur-



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 230 of 295)