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contract.

hour named in the advertisement. No bids not so delivered to the Board shall be considered. All bids called for by the advertisement shall be on blanks to be furnished by the Secretary of the Board; each bid, as it is received, shall be numbered and marked "Filed” by the President. At the expi- Board to ration of the hour stated in the advertisement within which open bids. bids will be received, the Board shall proceed to open the bids in the presence of the bidders, and an abstract of each shall be recorded in the minutes of the Board by the Secretary. Before adjourning, the Commissioners shall compare the bids with the record made by the Secretary, and fix the day and hour for a meeting of the Board to consider the bids and award the contract. An abstract of said bids, show

, ing the name of each bidder, the price at which work, labor, or materials is offered by each, and such other things as may be necessary to show or explain the offer, shall be made by the Secretary, and published for five days in a daily newspaper published in the City and County of San Francisco, of general circulation. At the expiration of five days after the first publication of the abstract, on the day and at the hour fixed by the Board, the said Board of Commissioners, with the aid and assistance of the Architect and Superintendent of Works, shall proceed to consider the several bids, and award the contract for doing the work or supplying the Awarding of materials for which proposals were invited, and for none other, to the lowest bidder who shall furnish sufficient sureties to guarantee the performance of the contract; provided, the said Board of Commissioners shall have the right to reject any and all bids when, in their judgment, the public interests are thereby promoted; and provided further, that no contract shall be awarded, except by the final passage of the resolution awarding said contract by the Board, in the manner herein prescribed. No change or modification in the place or specification shall be made after proposals for doing work or furnishing materials have been called for; nor shall a contractor be allowed a claim for work done, or materials furnished, not embraced in his contract. All con- Contracts. tracts shall be in writing, and shall be carefully drawn by the District Attorney, in and for said city and county, and shall contain detailed specifications of the work to be done, the manner in which the same shall be executed, the quality of the material, and the time in which the same shall be completed, with such penalty for the non-performance of such contract as the said Board of Commissioners shall deem just and reasonable. Every contract entered into by the said Board, under the provisions of this Act, shall be signed by the Commissioners and by the other contracting party. Al contracts shall be signed in triplicate-one copy of which, with the plans and specifications of the work to be done, shall be filed with the Clerk of the Board of Supervisors, and shall at all times, in office hours, be open to the inspection of the public; one, with the plans and specifications, shall be kept in the office of the Board, or placed in the hands of the Architects, and the other copy, with plans and specifications,

Chinese labor,

contractors.

Cominission

statement.

shall be delivered to the contractor. All bids made, and all contracts entered into for the construction of any portion of the said City Hall, shall contain an express condition, that no Chinaman or Mongolian shall be employed in the factory, mill, foundry, workshop, or by the firm, company, or person, in doing any of the work bid and contracted for; and a fail. ure to comply with said provision of said contract shall work

a forfeiture of said contract. Payments to SEC. 15. The Board of Commissioners may make pay

ments to contractors from time to time, as work progresses or materials are furnished. But until the contract is completed, at no time shall such payment exceed seventy-five per cent. of the value of the labor or materials furnished, which said value shall be ascertained and determined by the Architect and Superintendent of Works, subject to the approval of the Board of Commissioners.

SEC. 16. It shall be the duty of the Board of Commissioners, on the second Monday of July, eighteen hundred and seventy-seven, and on the second Monday of July in each and every year thereafter, to and including the year eighteen hundred and eighty-one, to make out and publish in two of the daily newspapers published in the City and County of San Francisco, a tabular statement, showing as follows, to wit:

FirstThe receipts of the New City Hall Fund during the fiscal year ending June thirtieth preceding.

Second-The amount to which the said fund is entitled for the same fiscal year, but not yet received.

Third-The amount paid out of the fund during the same fiscal year.

FourthThe amount due upon contracts awarded during said fiscal year.

FifthThe amount credited to the fund in each previous
Sixth-The amount paid out of the fund in each previous

Seventh-The estimated amount required to complete the City Hall; and such other matters and things as go to show the condition of the fund and its management, and the progress that has been made in the construction of the said City Hall, together with a list of all contracts that have been awarded under the provisions of this Act.

SEC. 17. When the said City Hall shall be erected and discourge of completed, as in this Act provided, the said Commissioners

shall turn over to the Board of Supervisors of the City and County of San Francisco, all their books, papers, and vouchers, and property of every description, and, at the same time, shall render a full and final account of their transactions, which said account shall be examined by said Board of Supervisors, and if found correct, approved, and thereupon the office of said Commissioners, and their powers and duties, shall cease and determine; provided, the sureties on their official bonds shall not be discharged from liability until such accounts shall have been so examined and found correct.

fiscal year.

fiscal year.

Completion

Commis. sioners.

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aid bidders

Sec. 18. The Commissioners authorized by this Act shall Officers to be not, nor shall either of them, or the Architect, the Superin- disinterested tendent of Works, or the Secretary, be interested, directly or indirectly, in any contract for work, labor, or materials furnished in the construction of the City Hall; nor shall either of them be allowed to receive any gratuity or advantage from any contractor, laborer, or person furnishing labor or materials for the same. A violation of the provisions of this section shall be a felony, and upon conviction thereof, the party so offending shall be punished by a fine not exceeding five thousand dollars, or imprisonment in the State Prison for a period not exceeding five years, or by both fine and imprisonment, in the discretion of the Court.

SEC. 19. Any public officer or employé of the City and Public offiCounty of San Francisco, in any way connected with the conto construction of the City Hall, who shall willfully aid or for contracts. assist a bidder for a contract to furnish labor or materials to be used in the construction of said City Hall, to secure the award of a contract at a higher price or rate than another bidder had proposed to contract to do the work or furnish the material, when sealed proposals have been advertised for, or who shall in any way favor one bidder for a contract over another, by giving or withholding information relative to the plans or specifications, or who shall willfully mislead any bidder with regard to the plans and specifications, and every person who shall change or modify the plans or specifications of work or materials, after proposals have been solicited, or shall aid a contractor in obtaining compensation for work or material not embraced in his contract, shall be guilty of a misdemeanor, and upon conviction thereof, Misdeshall be punished by imprisonment in the County Jail of meanor. the City and County of San Francisco for a period of not less than six months, or by a fine of five hundred dollars, or by fine and imprisonment, at the discretion of the Court.

SEC. 20. Any officer or employé of the City and County Officers to of San Francisco, whose duty it is to superintend, supervise, inspect direct, or control a contractor on the said City Hall, who materials shall willfully or carelessly accept other or different material, or permit other or different inaterial than such as is called for by the specifications to be used in the construction of the City Hall, or who shall permit unskilled or inferior labor to be employed in the construction of the said building, or shall accept on behalf of the city and county work which is not good, substantial, and workmanlike, or who shall knowingly or carelessly certify to the correctness of a claim of a contractor, or other, for work, or labor, or material, for more than such contractor is lawfully entitled, or who shall willfully or carelessly certify that a greater amount of work or labor has been performed than has actually been done, or a larger or greater amount of material, or different material has been furnished than has actually been furnished, with the intention of defrauding or permitting another to defraud the city and county, or who shall be interested directly Punishment or indirectly in any contract for work, labor, or for furnishing for fraud. material to be used in the construction of said City Hall,

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shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the County Jail of the City and County of San Francisco for a period of not less than six months, or fined in a sum of not less than five hundred dollars, or by fine and imprisonment, at the discretion of the Court.

SEC. 21. This Act shall take effect from and after its passage.

streets.

Council to

CHAP. CCCXXXV.-An Act to provide for the opening of streets

in the City of Oakland.

[Approved March 24, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: Opening of SECTION 1. The City of Oakland shall have power to open

and widen streets and modify the boundaries thereof within its corporate limits, and to assess the expenses of such improvement upon the property benefited, as provided in this Act.

SEC. 2. The Council must pass a preliminary resolution, of intention. declaring the intention of the corporation to make the

improvement, describing it generally, and also describing the lands immediately benefited by the proposed improvement, which are to be assessed on account of the expense thereof, and fixing a time, not less than fifteen days thereafter, for hearing objections.

SEC. 3. The preliminary resolution must be published at least ten days prior to the time fixed for the hearing, in some newspaper printed within the corporate limits of the city, in every issue of said paper during the time, and posted in three public places within said limits, including the Councilroom door, ten days prior to the time fixed for the hearing.

SEC. 4. If the owners or possessors and claimants of twothirds in value of the lands to be charged for the expenses of said improvement, as described in said resolution, the value to be determined according to the latest completed assessment roll of the city, protest against said improvement, the proceedings must be discontinued ; and no other proceeding for substantially the same improvement can be commenced within six months thereafter; provided, however, that the Council may, by an unanimous vote of all its members, approved by the Mayor, proceed to cause such improvement to be made, notwithstanding such protest.

When the Council is authorized to proceed as provided in section four, and at the time mentioned in the preliminary resolution, and from time to time thereafter, at the option of the Council, the Council must proceed to consider and finally act upon the matter.

Sec. 6. If the Council determines to proceed with the improvement, it must pass a final resolution expressing its

Protests.

Action to condemn property.

determination, describing the improvement, and also describing the lands to be charged for the expenses of said improvement, as in the preliminary resolution, and directing that an action be commenced in the District Court of Alameda County for the condemnation of the property necessary to be taken for said improvement.

SEC. 7. A complaint must be filed in said Court, wherein Complaint the city must be the plaintiff, and the persons owning and trust state. claiming the lands to be taken for said improvement and the lands to be assessed for the expenses thereof, the defendants, setting forth the final resolution of the Council, describing the proposed improvement, and the lands to be assessed for the expense thereof, and the matters required by section twelve hundred and forty-four of the Code of Civil Procedure.

SEC. 8. The Clerk of the Court must issue a summons as summons. provided by section twelve hundred and forty-five of the Code of Civil Procedure, and service of the same must be made as in civil actions; provided, however, that where the person on whom the service is to be made résides out of the State, or cannot, after due diligence, be found within said city, or is a foreign corporation, having no managing or business agent, cashier, or secretary within the State, or there are unknown owners of any of the parcels of land sought to be taken, or declared by said Council to be immediately benefited, as provided for in section two of this Act, and the fact appears by affidavit to the satisfaction of the Court or the County Judge, such Court or Judge may make an order that the service be made by the publication of the summons. The order must direct the publication to be made in a newspaper in said city, to be designated, for a period not less than thirty days, and the service of the summons shall be deemed complete at the expiration of the time prescribed by the order of publication.

SEC. 9. All persons in occupation of or having or claim - Who may ing an interest in any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead, and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the complaint.

SEC. 10. The Court may, in its discretion, appoint three court to referees to take the testimony as to benefits and damages, and mint to report their findings to the Court. Any party may object duties of. to the appointment of any person as referee on one or more of the grounds specified in section six hundred and fortyone of the Code of Civil Procedure. The Court or referees must hear all legal testimony that may be offered by any of the parties to the proceeding, and thereupon must ascertain and assess:

First-The value of the property sought to be condemned, and all improvements thereon pertaining to the realty, and of each and every separate estate therein; if it consists of different parcels, the value of each parcel and each estate, or interest therein, shall be separately assessed.

SecondIf the property sought to be condemned consti

defend action.

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