Contracts, letting. days, inviting sealed proposals for the work contemplated. manner of All proposals offered shall be delivered to the City Clerk, and the Board of Trustees shall, in open session, open, examine, and publicly declare the same, and award the said work to the lowest responsible bidder; provided, said Board of Trustees may reject any and all bids, should they deem it for the public good, and also the bid of any party who may have proved delinquent or unfaithful in any former contract with said city. All proposals shall be accompanied with a bond in the sum of two hundred dollars ($200), signed by the bidder, and two responsible sureties, conditioned to pay to the City of Petaluma the full sum of two hundred dollars as liquidated damages if the said bidder shall fail to enter into a contract, as hereinafter provided, if said work is awarded to him. It shall be the duty of the City Attorney to sue on said bonds in the name of said city, and to pay the amount recovered to the City Treasurer. The Board of Trustees shall have power to relieve the contractor from the performance of the conditions of said bond where good cause is shown therefor. All persons who shall fail to enter into a contract, as hereinafter provided, are hereby prohibited from bidding a second time for the same work. Notice of such award shall be posted in three public places in said city for five days. Any owner of land liable to be assessed for, or to do, or to pay any part, or the whole of said work, may, within said ten days after the posting of said notices of award, give notice to the said contractor that he will do and perform said work for which he is so liable, in accordance with the specifications therefor; should said owner fail to commence said work, and enter into a contract with the City of Petaluma therefor within ten days of the posting of said notice of award, and prosecute the same with due diligence to completion, the original contractor may do the same under his contract. If said bidder shall neglect, for fifteen days after the posting of said notice of award, to enter into the contract, the Board of Trustees shall again post notices, for ten days, and pursue the steps required by this section, the same as in the first instance. All such original contractors shall, at the time of the execution of the contract, also execute a bond, to the satisfaction of the President of the Board of Trustees, with two or more sureties, payable to the City of Petaluma in such sums as the said President shall deem adequate, conditioned for the faithful performance of Contractors' the contract. All work shall be done under the superintendance of the Street Committee and to their satisfaction, and in accordance with the terms of the contract. Said contractor and sureties shall be jointly and severally liable on said bond for all damages, costs, and charges accruing by reason of any neglect of performing said contract, or of any misfeasance or nonfeasance in performing the same; provided, that said Board of Trustees may build, or cause to be built, all sewers, or may contract for building the same without the property owner having the privilege of building any part of the same; but the building of sewers shall be paid for as herein provided; and provided further, that said Board of Trustees are hereby bonds. authorized to do or to contract for any repairs of streets, or the grading thereof, putting down crosswalks, or repairs thereof, cleaning any of the streets, alleys, or courts, and the gutters thereof, when deemed necessary by said Board, to an amount not exceeding three hundred dollars upon any one street at any one time, without complying with sections twenty-seven and twenty-eight of this Act, as to notice of intention or advertising for bids, as therein provided. The owner of Liability of any lot or parcel of land in front of which any such work is owners. done, shall be liable to the City of Petaluma for his or her proportion thereof, as in this Act provided, to be collected, if necessary, by suit in the name of the City of Petaluma, as in actions for debt. The expense incurred for any work author- Expenses, ized by section twenty-six of this Act shall be paid by said how paid. City of Petaluma, and by the lands fronting on any such work, or cornering thereon, and by the owners of such land, as follows: First-The expenses incurred for grading, paving, planking, macadamizing, improving, and repairing lanes and alleys, and making and repairing, and keeping in repair, sewers therein, shall be borne and paid by the owners of the land fronting on such lanes and alleys, each to bear one-half of the expense in front of his land; and said expense shall be assessed on said lands, each lot or portion of a lot being separately assessed. Second-The expenses incurred for grading, paving, plank'ing, macadamizing, improving, repairing, and keeping in repair the one-half of the street between the sidewalks lying and being between the center of the street and any lands, shall be borne and paid by the owner of said lands, and shall be assessed on said lands; each lot or a part of a lot to be separately assessed. The expenses incurred in making and repairing sewers in any street shall be paid one-third by said city, and one-third by the owner of lands on one side of said street, and one-third by the owners of the land on the other side of said street. Said expense shall be so paid by the owners of said land and the city respectively, and shall be assessed upon said lands; such lots or portions of a lot being separately assessed in proportion to its frontage, at a rate per foot sufficient to cover the total expense of the sewer in such street. Third-The expense incurred in making and in repairing sidewalks shall be paid by the owners of the lands in front of which, and upon the same side of the street on which, said sidewalks are ordered to be made or are to be repaired, and shall be assessed on said lands. The expense of building and repairing such sidewalks in front of any lot or part of a lot shall be borne and paid by the owner of such lot or part of a lot, and shall be assessed thereon. Such owners may, in accordance with the order of the Board of Trustees, and within a time to be specified in said order, build or repair said sidewalk in front of his said land; but if he shall not do so in said time, said city may do said work, and the expense of the same shall be a lien upon said lands. Fourth-The expense incurred in making and repairing to be a lien Action against owners. street crossings shall be paid by the owners of the lots between which said crossings shall be made, and shall be assessed on said lots one-half upon each. Fifth-The expense incurred for work done at the crossing of the streets on the square portion of such streets, bounded by the lines of said streets and by the center of said streets, shall be paid by the owner of the lot cornering on such square portion of such street; and the sidewalks thereon shall be built, and the expenses incurred in building thereof shall be paid by said owner. Such expense shall be assessed on said lot. SEC. 21. Section thirty-eight of said Act is hereby amended Assessments to read as follows: Section 38. Whenever any expenses for for expenses work done by said city, or by any contractor, shall have been upon lands. assessed on any lands, or whenever the owners of any lands shall have become liable to pay the same, the amount of said expenses shall become a lien upon said lands, which shall take precedence of all other liens, and which may be foreclosed in accordance with the provisions of the Code of Civil Procedure, except as herein otherwise provided. Suit may be brought against the owner of any lot to recover the amount due thereon, as in action of debt, or to foreclose such lien; in either case such suit shall be in the name of the contractor as plaintiff, when the work has been done by a contractor; in other cases it shall be in the name of the City of Petaluma as plaintiff. Upon the filing of a complaint in the District Court to enforce a lien of any kind herein," the plaintiff shall be entitled, if a recovery is had or the money is paid, to include as costs the sum of twenty-five dollars as attorney's fees. In cases where the City of Petaluma is plaintiff, that amount shall be paid to the City Attorney if collected, and not to be so paid to said City Attorney unless collected of defendant in such suit, and in case of a foreclosure of such lien, said lands shall be sold under the decree of the District Court, in accordance with the provisions of said Code of Civil Procedure, and in accordance with law. Sections of former Act repealed. SEC. 22. Sections twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, and thirty-four of said Act, and such portions of said Act, and all other Acts inconsistent with this Act, are hereby repealed. SEC. 23. This Act shall take effect and be in force from and after its passage, except the provisions of the appointment of a Street Commissioner, which shall take effect on the third Monday of April, A. D. one thousand eight hundred and seventy-six. CHAP. CCXXVI.-An Act to amend an Act, approved February The People of the State of California, represented in Senate and turnouts. SECTION 1. Section two of the said Act is hereby amended Concerning as follows: Section 2. Said turnpike or wagon road shall ads and be built in a good and substantial manner. The ascending and descending grades shall not exceed ten feet to the one hundred, with roadway to admit of the passage of large and heavy teams, and with turnouts at convenient distances, within sight from one to another; but all bends and short turns shall be built with sufficient way-room to allow two of any class of teams to pass each other without inconvenience, and without danger to life or limb. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCXXVII.-An Act to amend an Act entitled "An Act relating to streets and roads in the City and County of Sacramento," approved March twenty-seventh, eighteen hundred and seventy-four. [Approved March 15, 1876.] The People of the State of California, represented in Senate and repealed. SECTION 1. Section second of an Act entitled "An Act Section relating to streets and roads in the City and County of Sacramento," approved March twenty-seventh, eighteen hundred and seventy-four, is hereby repealed. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCXXVIII.-[See volume of Amendments to the Codes.] CHAP. CCXXIX.-An Act to legalize certain proceedings of the [Approved March 11, 1876.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Legalizing SECTION 1. The proceedings and orders of the Board of proceedings Supervisors of Tulare County relating to the public roads ors of Supervis of said county, had or made between the sixth day of March, one thousand eight hundred and seventy-four, and the date of the qualification of the Road Commissioner provided for by the Act of the Legislature of the State of California, entitled an Act to provide for the location, construction, and maintenance of public roads in the County of Tulare, approved March sixth, one thousand eight hundred and seventy-four, are hereby legalized and confirmed; and the County Treasurer of said county is hereby authorized and directed to pay all warrants, in their regular order of presentation, drawn by the County Auditor of Tulare County in pursuance of such proceedings and orders of the Board of Supervisors of said county. SEC. 2. This Act shall take effect from and after its passage. Authorizing of road. CHAP. CCXXX.-An Act authorizing the construction of a wagon road from the mouth of City Creek to Long Point, in San Bernardino County. [Approved March 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. Edward Daley, Fred. T. Perris, and John construction Mayfield, of San Bernardino County, or their assigns, are hereby authorized to construct a wagon road, not to exceed eighty feet in width, commencing at the base of mountain at or near the mouth of City Creek, thence running by the most practicable route to Long Point, on the summit of the mountain, said road to be fifteen miles long, more or less. They shall also have the right to extend said road to Beardstown, in Bear Valley, and shall be allowed to collect tolls on said road for a period of twenty years from its completion. Tolls. Road, when completed. Code made SEC. 2. The Board of Supervisors of San Bernardino County shall from time to time regulate the tolls to be collected on said road. SEC. 3. Said road shall be surveyed and completed in two years from the first day of July, eighteen hundred and seventy-six. SEC. 4. Title Five of the Civil Code, in relation to wagon. applicable. road corporations, is hereby made applicable to San Bernardino County, so far as the same does not conflict with the provisions of this Act. SEC. 5. This Act shall take effect and be in force from and after its passage. |