therein, two weeks preceding the date fixed for the holding of such election. No other notice of such election need be given. In all particulars not otherwise provided in this act, such election shall be held as near as may be in conformity with the law for the holding of municipal elections in such city. If at such election a majority of all the voters voting upon such proposition at said election shall vote in favor of the formation of such special municipal tax district and the levying therein of such special tax, then such legislative body shall thereupon be authorized and empowered to declare such special municipal tax district formed and to levy such special tax. After an election based upon any such petition, the sufficiency of such petition or any proceedings had prior to such election, in any respect, shall not be subject to judicial review or be otherwise questioned, nor shall any defect or irregularity in any proceedings prior to such election affect the validity of the formation of such district or any proceedings or acts had or done subsequent thereto in carrying out the objects or purposes of this act.

§ 7. Tax levy. The legislative body of such city shall, at the time of fixing the general tax levy, and in the manner for such general tax levy provided, levy and collect a special tax not exceeding said maximum rate, upon the taxable property in such district as set forth in the ordinance calling said election. Such tax shall be in addition to all taxes levied for municipal purposes and when collected shall be paid into the treasury of such city and be used for the purposes set forth in the ordinance calling said election.

§ 8. Municipality to act on behalf of district. Municipal officers to be district officers. Appointment of other officers and employees. Said municipality shall, by and through its proper officers, have full power and authority on behalf of such district, to expend the proceeds acquired from such special tax for the purposes or objects set forth in the ordinance or resolution calling said election, and shall also have full power and authority to acquire, construct or operate such improvements, works or utilities, or to furnish, perform or do such special local service, and such improvements, works or utilities, or special local service, so acquired, constructed or furnished shall be the property of such municipality for the benefit of such district.

The legislative body and all other officers, boards or commissions of such municipality, their assistants, deputies, clerks and employees, shall be ex officio the legislative body, officers, boards, commissions, assistants, deputies, clerks and employees, respectively, of such special municipal tax district, and shall respectively perform, unless otherwise provided by said legislative body, the same various duties for said district as they are lawfully required to perform for said municipality, without additional compensation, in order to carry out the provisions of this act.

Said legislative body may in its discretion provide for the appointment of such other officers and employees for said district as in its judgment may be deemed necessary, and prescribe their duties and fix their compensation, which said officers and employees shall hold office during the pleasure of said legislative body and shall not be subject, in their appointment and removal, to the civil service provisions, if any, of such municipality.

§ 9. Name of district. Any district formed under the provisions of this act shall be known as special municipal tax district number (in

(inserting the name of the munici

serting number) of the city of
pality in which such district is located).

§ 10. Intent of act. This act shall not affect any other act or acts relating to the same, or a similar subject, but it is intended to provide an alternative method of procedure governing the subject to which it relates.

§ 11. Construction. The provisions of this act shall be liberally construed to effect the purpose thereof.

АСТ 5214.

An act to provide for the lighting of public streets, lanes, alleys, courts and places in municipalities, and for the assessment of the costs and expenses thereof upon the property benefited thereby. [Approved March 21, 1905. Stats. 1905, p. 564.]

Amended 1911. Stats. 1911, pp. 69, 583.

Repealed June 6, 1913 (Stats. 1913, p. 428).

See next act.

Section 6 of this act is constitutional: Cohen v. Alameda, 168 Cal. 265, 269, 142 Pac. 885.

АСТ 5215.

An act to provide for the acquisition, installation, construction, recon. struction, extension, repair and maintenance by municipalities of waterworks, electric power works, gas works, lighting works, and other public works and utilities; for the assessment of the cost and expenses thereof upon the property benefited; and for the issuance of improvement bonds to represent such assessments, and to repeal an act entitled "An act to provide for the lighting of public streets, lanes, alleys, courts and places in municipalities, and for the assessment of the costs and expenses thereof upon the property benefited thereby," approved March 21, 1905.

[Approved June 6, 1913. Stats. 1913, p. 421.]

§ 3.

Consideration of report.

Kinds of work. Reference to officer

Hearing of protests.

§ 4.

§ 5.

Notice of local improvement posted. Publication.

Written protest. Majority may bar resolution. Decision final.

Order of improvement.

§ 12.

Deed to property.

§ 13.

§ 14.

§ 15.

Special improvement fund. Loan from general fund.
Letting contract for improvement. Certified check. Work done
according to plans. City may not call for bids.
Supplemental assessment.

§ 16. Refund of excess.

§ 17. Assessment lien on land.

§ 1. Cities may maintain public utilities. Whenever the public interest or convenience may require, the city council of any municipality in the state shall have full power and authority to order watermains, pipes, conduits, tunnels, hydrants and other necessary works and appliances, for the purpose of providing water service; lines, conduits, and other necessary works and appliances, for the purpose of providing electric power service; mains, pipes and other necessary works and appliances, for the purpose of providing gas service; poles, posts, wires, pipes, conduits, lamps and other necessary works and appliances, for lighting purposes; or any of said improvements, or any works, utility or appliances necessary or convenient for providing any other public service, to be installed, constructed, reconstructed, extended, repaired or maintained in and along the whole or any part of any one or more of the public streets, alleys or other places in such municipality, or in and along any right of way owned or held by said municipality for the purpose; also to order any works or appliances already installed in or along the whole or any part of any one or more of the public streets, alleys, or other places in such municipality, and which are necessary or convenient for the purpose of supplying such municipality or its inhabitants with water, electricity, gas, or other means of heat, illumination or power or with any other public service, together with any plants, lands and rights of way, whether located within or without the city, necessary or convenient for the use and operation thereof, to be acquired, or to order the use of any such works, appliances and other property to be acquired; also to order electric current, gas, or other illuminating agent, to be furnished for such power or lighting service, in the manner and under the proceedings hereinafter described.

§ 2. Resolution of intention. Kinds of work. Reference to officer for report. Before ordering any improvement to be made which is authorized by section 1 of this act, the city council shall adopt a resolution declaring its intention to do so, briefly describing the proposed improvement, and specifying the exterior boundaries of the district to be benefited by said improvement and to be assessed to pay the cost and expenses thereof, and to be known as the assessment district; provided, however, that the city council may, in its discretion, order, in said resolution of intention, that a certain portion or percentage of the cost and expenses of said improvement, the amount of which portion or percentage shall be specified in said resolution, shall be paid out of the treasury of the municipality, from such fund as the city council may designate. Said proposed improvement may include any or all of the different kinds of work mentioned in section 1 of this act; provided, however, that the maintenance of appliances or the furnishing of electric current, gas, or other illuminating agent, shall be for a period stated in the resolution of intention, but not exceeding two years. The city council shall also, in the same resolution, refer the proposed improvement to the board, commission or officer of the city having charge and control of the construction of public improvements of the kind described in such resolution, or to the city engineer, or to such other board or officer of the city, or competent person employed by the city for the purpose, as the council may name in said resolution, and direct such

board, commission, officer or person to make and file with the clerk of the council a report in writing, presenting the following:

1. Plans and specifications. Plans and specifications of the proposed improvement, excepting in so far as said improvement includes the acquisition of works or appliances already installed and any other property necessary or convenient for the operation thereof, or the acquisition of the use of any such works, appliances and property, as provided for in section 1 of this act, as to which works, appliances and property such report shall contain a general description thereof.

2. Estimate of cost. An estimate of the cost of said improvement and of the incidental expenses in connection therewith.

3. Diagram of district. A diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of the resolution of intention, each of which subdivisions shall be given a separate number in red ink upon said diagram.

4. Assessment according to benefits. Amount paid out of treasury deducted. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvements; provided, that whenever any portion or percentage of the cost and expenses of such improvement is ordered to be paid out of the treasury of the municipality, as herein before provided, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of such improvement, and the assessment upon property, proposed in said report shall include only the remainder of said estimated cost and expenses. Said assessment shall refer to such subdivisions upon said diagram by the respective red-ink numbers thereof, and shall show the names of the owners, if known, otherwise designating them as unknown. No mistake in the name of the owner of any parcel of land shall affect the validity of the assessment thereon.

§ 3. Consideration of report. Hearing of protests. Upon the filing of the report provided for in section 2 of this act, the said clerk shall present the same to the city council for consideration, and said council may modify the same in any respect, and, in case of any such modification, the report, as modified, shall stand as the report for the purpose of all subsequent proceedings. Thereafter, the council, by resolution, shall appoint a time and place for hearing protests in relation to the proposed improvement, which time shall not be less than twenty days from the date of the passage of said resolution, and shall direct the clerk of the city council to give notice of said hearing, and shall designate a daily or weekly newspaper published and circulated in said city in which such notice shall be published.

§ 4. Notices of local improvement posted. Publication. After the passage of the resolution of intention, the clerk of said city council shall cause to be conspicuously posted along all streets and parts of streets, or other public places and rights of way held or owned by the municipality, as aforesaid, where any work is to be done or improvement made or acquirell, at not more than three hundred feet

apart, but not less than three in all, notices of the passage of said resolution. Said notice shall be headed "Notice of Local Improvement," in letters of not less than one inch in length, and shall, in legible characters, state the fact and date of the passage of the resolution of intention and of the filing of said report and the date set for the hearing of said protests, and briefly describe the improvement proposed to be made or acquired, and refer to said resolution and report for further particulars. He shall also cause a notice similar in substance to be published by two successive insertions in a daily or weekly newspaper, published and circulated in said municipality, and designated by said council for that purpose. Said notices must be posted and published, as above provided, at least ten days before the date set for the hearing of said protests.

§ 5. Written protest. Majority may bar resolution. Decision final. Order of improvement. Any person interested, objecting to said improvement, or to the extent of the assessment district, or to the proposed assessment provided for in section 2 of this act, may file a written protest with the clerk of the city council at or before the time set for the hearing referred to in section 3 hereof. The clerk shall indorse on every such protest the date of its reception by him, and, at the time appointed for the hearing above provided for, shall present to said council all protests so filed with him. If such protests be against said improvement and said city council find that the same are signed by the owners of a majority or more of the frontage of the property fronting on streets or parts of streets within said assessment district, all further proceedings under said resolution of intention shall be barred, and no new resolution of intention for the same improvement shall be passed within six months after the presentation of such protests to the city council, unless the owners of a majority or more of the frontage of the property fronting on streets or parts of streets within said assessment district shall be in the meantime petitioned therefor. If such protests are against the improvement, and the council find that they are not signed by the owners of a majority or more of the frontage of the property fronting on streets or parts of streets within the assessment district, or if such protests are against the extent of the assessment district, the council shall hear said protests at the time appointed therefor, as above provided, or at any time to which the hearing thereof may be adjourned, and pass upon the same and its decision shall be final and conclusive, and if such protests are sustained the proceedings shall be abandoned, but may be renewed at any time, and if such protests are denied the proposed assessment shall be confirmed. If such protests are against the proposed assessment, the council shall hear said protests at the time appointed therefor, as above provided, or at any time to which the hearing thereof may be adjourned, and may confirm, modify or correct said proposed assessment.

When, upon the hearing, said proposed assessment is confirmed, modified or corrected, or in case no protests are filed, the report provided for in section 2 hereof shall be adopted as a whole, with any modifications or corrections that have been made therein, and the city council shall, by resolution, order said proposed improvement to be made or acquired, and declare its action upon said report and assessment, which resolution shall be final and conclusive on all persons, and the assessment shall be thereby levied upon the respective subdivisions of land in the assessment district.