special tax shall be levied, and said proposed district shall remain in existence;

4. A statement that an election will be called in said district for the purpose of submitting to the qualified electors thereof the proposition of the formation of such special municipal tax district and the levying therein of said special tax to pay the cost and expenses of the proposed improvement, work, utility or local service, and that a map showing the exterior boundaries of said district with relation to the territory immediately contiguous thereto, and a general description of the proposed improvement are on file in the office of the clerk of the legislative body of such city, which said map shall govern for all details as to the extent of the said district.

5. A date, hour and place fixed for the hearing of protests. [Amendment approved May 26, 1921; Stats. 1921, p. 422.]

§ 3. Publication of ordinance. Said ordinance or resolution shall be published once a day for at least six days in some newspaper of general circulation published at least six days a week in said city, or once a week for two weeks in some newspaper published less than six days per week in such municipality, and one insertion each week for two succeeding weeks shall be a sufficient publication in such newspaper published less than six days per week. Such ordinance or resolution shall take effect upon the completion of said publication. In munici palities where no such newspaper is published, such ordinance or resolution shall be posted in three public places therein, and shall take effect two weeks after the date of such posting of notice.

§ 4. Objections to formation of district. Notice of intention to change boundaries. Objections. Any person interested, objecting to the forma tion of said district, or to the extent of said district, or to the proposed improvement or work, or to the acquisition, construction, or operation of the proposed utility, or to the special local service, to be furnished, performed or done, or to the inclusion of his property in said district, may file a written protest, setting forth such objection, with the clerk of said legislative body at or before the time set for the hearing of said protests. The clerk of said legislative body shall indorse on each such protest the date of its reception by him, and, at the time appointed for the hearing above provided for, shall present to said body all protests so filed with him. Said legislative body shall hear said protests at the time appointed, or at any time to which the hearing thereof may be adjourned, and pass upon the same, and its decision thereon shall be final and conclusive. If any of such protests against the proposed improvement or work, or against the acquisition, construction, or operation of the utility, or against the special local service to be furnished, performed or done, be sustained, no further proceedings shall be had or taken pursuant to such petition, but a new petition for the same or a similar purpose may be filed at any time after the expiration of six months from the date such protest was sustained. If any of such protests be against the extent of said district, or against the inclusion of property in said district, then the legislative body shall have power to make such changes in the boundaries of the proposed district as it shall find to be proper and advisable, and shall define and establish such boundaries, but said legislative body shall not modify such boundaries so as to include any territory which will not,

in its judgment, be benefited by said improvement, work, utility, or special local service.

Said legislative body shall not modify such boundaries except after notice of its intention so to do, given by one insertion in said newspaper or by posting in three public places in municipalities where no such newspaper is published, describing the proposed modification, and specifying a time for hearing objections to such modification, which time shall be at least ten days after the publication of said notice. Written objections to said proposed modification may be filed with the clerk of said legislative body by any interested person at or before the time set for hearing the same. Said legislative body shall hear and pass upon such objections at the time appointed, or at any time to which the hearing thereof may be adjourned, and its decision thereon shall be final and conclusive. If such objections, or any of them, be sustained, no further proceedings pursuant to such petition shall be taken, but a new petition for the same or a similar purpose may be filed at any time after the expiration of six months from the date such protest was sustained.

At the expiration of the time within which protests may be filed, if none be filed, or if protests be filed and after hearing be denied, or at the expiration of the time within which objections to the modifications of the boundaries of the district, in case such modification be proposed, may be filed, if none be filed, or if such objections be filed, and, after hearing, be overruled, as above provided, then said legislative body shall be deemed to have acquired jurisdiction to proceed further in accordance with the provisions of this act.

§ 5. Election for formation of district. Ordinance calling election. At any time after said legislative body shall have so acquired jurisdiction, it may call an election to be held within the district described in said ordinance or resolution of intention, or as the same may have been modified as above provided, and provide for the submission to the quali fied electors thereof, the proposition of the formation of such special municipal tax district and the levying therein of a special tax for the purposes set forth in said ordinance or resolution of intention. The ordinance or resolution calling such election shall recite the objects and purposes for which the proposed special tax is to be incurred, the nature of the improvement, work, utility, or local service contemplated thereby, the estimated cost thereof, the maximum amount of the special tax annually to be levied therefor, and whether such tax shall be levied for one, two, three, four or five years; and shall fix the date on which such election shall be held, the manner of holding the same and the manner of voting for or against said proposition.

§ 6. Publication of ordinance. Majority vote shall establish district. For the purposes of said election said legislative body shall in said ordinance or resolution establish one or more voting precincts within the boundaries of said district, designate a polling place and appoint one inspector, one judge and one clerk for each such precinct. Said ordinance, or resolution, ordering the holding of said election shall, prior to the date fixed for such election, be published five times in a daily, or twice in a weekly or semi-weekly newspaper of general circulation, printed and published in said city, and designated by said legislative body for such purpose. In cities where no such newspaper is published, such ordinance, or resolution, shall be posted in three public places

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 distriet 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 munici pality 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.

ACT 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.

ACT 5215.

An act to provide for the acquisition, installation, construction, reconstruction, 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.]

Amended 1915, p. 987.

§ 1. Cities may maintain public utilities.

Resolution of intention. Kinds of work. Reference to officer for report.

Consideration of report. Hearing of protests.

Notice of local improvement posted. Publication.

Written protest. Majority may bar resolution. Decision final.
Order of improvement.

§ 2.

§ 3.

§ 4.

§ 5.

§ 6.

Contest of validity.

§ 7.

Diagram to city auditor.

Deed to property.

§ 13.

§ 14.

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

Work done

§ 15. 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 elec tric 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