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intendent shall record in a book kept for that purpose in his office, properly indexed. Whenever thereafter the city council orders the grading of said street or any portion thereof on which any grading certired as aforesaid has been done, the bids and the contract must express the price by the cubic yard for cutting and filling in grading; and ihe said owner or owners and his or their successors in interest shall be entitled to credit, on the assessment upon his or their lots and lands fronting on said street, for the grading thereof, to the amount of the cubic yards of cutting and filling set forih in his or their said certiticate, at the prices named in the contract for said cutting and filling; or if the grade meanwhile has been duly altered, only for so much of said certitied work as would be required jor grading to the altered grade; provided, however, that such owner or owners shall not be entitled to such credit as may be in excess of the assessinents for grading upon the lots and lands owned by him or them and proportionately assessed for the whole of said grading; and the superintendent of streets shall include in the assessment for the whole of suid grading upon the same grade the number of cubic yards of cutting and tilling set forth in any and all certificates so recorded in his office, or for the whole of said grading to the duly altered grade so much of said certified work as would be required for grading thereto, and shall enter corresponding credits, deducting the same as payments upon the amounts assessed against the lots and lands owned respectively by said certitied owners and their successors in interest; provided, however, that he shall not so include any grading quantities or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such certified owners or their suc. cessors in interest. Whenever any owner or owners of any lots and lands fronting on any street shall have heretofore done or shall hereaster do any work (except grading) on such street, in front of any block, ai his or their own expense, and the city council shall subsequently order any work to be done of the same class in front of the same block, said work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done, as provided in subdivision eleven of this section of this act; provided, that the work so done at the expense of such owner or owners shall be upon the official grade, and in condition satisfactory to the street superintendent at the time said order is passed.

Subdivision eleven. The city council may include in one resolution of intention 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 excepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made; prorided, that this shall not be construed so as to affect the special provisions as to grading contained in subdvision ten of this section.

Subdivision twelve. Whenever the resolution of intention

declares that the costs and expenses of the work and improvement are to be assessed upon a district, the city council shall direct the city engineer to make a diagram of the property affected or benefited by the proposed 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 district; and when said diagram shall have been approved by the city council, 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 of said city, who shall, after the contractor of any street work has fulfilled his contract to the satisfaction of said superintendent of streets, or city council on appeal, 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 subdivision 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 pieces, parcels, lots, or portions of lots, and subdivisions of land in Said districts benefited thereby, to wit, upon each respectively in proportion to the estimated benetits 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 three, four, five, six, seven, and eight of this section shall not be applicable to the work or improvement provided for in this subdivision.

SEC. 6. Section nine oi said act is hereby amended to read as follows:

Section 9. To said assessment shall be attached a warrant, which shall be signed by the superintendent of streets and countersigned by the mayor of said city. The said warrant shall be substantially in the following form:

FORM OF THE WARPANT. By virtue hereof, I (name of the superintendent of streets), of the city of county of (or city and county of -), and state of California, by virtue of the authority vested in me as said superintendent of streets, 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) war. rant for the same. (Date.)

(name of superintendent of streets). Countersigned by (name of mayor).

Said warrant, assessment, and diagram, together with the certiticate of the city engineer, shall be recorded in the office of said superintendent of streets. When so recorded the several amounis assessed shall be a lien upon the lands, lots, orrtions of lots assessed respectively for the period of two years from the date of said recording, unless sooner discharged; and from and after the date of said recording of any warrant, assessment, diagram, and certiticate, all persons mentioned in section eleven of this act shall be deemed to have notice oi the contents of the record thereof. After said warrant, assessment, diagram, and certificate are recorded, the same shall be delivo ered to the contractor or his agent or assigns on demand, but not until after the payment to the said superintendent of streets of the incidental expenses not previously paid by the contracior or his assigns; and by virtue of said warrant said con. tractor 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 specitied 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, irregue larity, or illegality in any assessment hereafter to be inade and issued, or in the recording thereof, or in the return thereof made to or recorded by said superintendent of streets, any person interested therein may, at any time within three months after the entry of said final judgment, apply to said superintendent of streets who issued the same, or to any superintendent of streets in office at the time of said application, for another divessment to be issued in conformity to law; and said superintendent shall, within fifteen days after the date of said appliCation, make and deliver to said applicant a new assessment, diagram, and warrant in accordance with law; and the acting mavor 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 seven of this act.

SEC. 7. Section twenty-four of said act is hereby amended to read as follows:

Section 24. The city council of such city shall have full power and authority to construct sewers, gutters, and manholes, and provide for the cleaning of the same, and culverts, with cross-walks, or culverts, or cesspools, or cross-walks, or sidewalks, or any portion of any sidewalk upon or in any street, arenue, lane, alley, court, or place in such city, of such mates rials, in such a manner, and upon such terms as it may deem proper. None of the work or improvements described in this sertion shall be staid or prevented by any written or any other remonstrance or objection, unless such council deems proper.

SEC. 8. Section twenty-six of said act is hereby amended to read as follows:

Section 26. The city council may, in its discretion, order, hy resolution, 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 from such fund as the council may designate. Whenever a part of such cost and expenses is

so ordered to be paid, the superintendent of streets, in making up the assessment heretoiore provided for such cost and expenses, shall first deduct from the whole cost and expenses such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said cost and expenses proportionately upon the lots, parts of lots, and lands fronting on the streets where said work was done, or lia. ble to be assessed for such work, and in the manner heretofore provided.

SEC. 9. Section thirty-four of said act is amended to read as follows:

Section 34. First. The city engineer, or, where there is no city engineer, 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; and 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. In all those cities where there is no city engineer, the city council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of city engineer, and all the provisions hereof applicable to the city engineer'shall apply to such person so appointed. Said city council is hereby empowered to fix his compensation for such services,

Sccond. The words “work," "improve," “ 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.

Third. The terin “incidental expenses," as used in this act, shall include the compensation of the city engineer for work done by him; also, the cost of printing and advertising as provided in this act, and not otherwise; also, the compensation of the person appointed by the superintendent of streets to take charge of and superintend any of the work mentioned in section thirty-five of this act. All demands for incidentalexpenses mentioned in this subdivision shall be presented to the street superintendent by itemized bill, duly verified by oath of the demandant.

Fourth. The notices, resolutions, orders, or other matter required to be published by the provisions of this act, and of the act of which this is amendatory, shall be published in a daily newspaper in cities where such there is, and where there is no daily newspaper, in a semi-weekly or weekly newspaper, to be designated by the council of such city, as often as the same is issued, and no other statute shall govern or be applicable to the publications herein provided for; provided, howerer, that only in case there is no daily, semi-weekly, or weekly newspaper printed or circulated in any such city, 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 city. Proof of the pube lication or posting of any notice provided for herein shall be mude by affidavit 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 therein.

Fifth. The word “municipality" and the word "city,” as used in this act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized for municipal purposes.

Sixth. The words "paved” or “repaved," as used in this act, shall be held to mean and include paveinent of stone, whether paving-blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood, or other material, whether patented or not, which the city council shall by ordinance adopt.

Serenth. 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; 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 city.

E ghth. The terms “street superintendent" and "superintendent of streets,” as used in this act, shall be understood and so construed as to include, and 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 city. In all those cities where there is no street superintendent or superintendent of streets, the city council thereof is hereby authorized 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.

Vinth. The term “city council” is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city,

Tenth. In municipalities in which there is no mayor, then the duties imposed upon said officer by the provisions of this act shall be performed by the president of the board of trustees, or other chief executive officer of the municipality.

Elcrenth. The term “clerk" and "city clerk," as used in this act, is hereby declared to include any person or officer who shall be clerk of the said city council.

Twelfth. 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

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