money be retained by said Treasurer on account of such claim or claims, he shall pay over the amount of each claim only upon the order therefor of said contractor, indorsed by the claimant thereof, or upon the order therefor of any Court of competent jurisdiction."

of remain

SEC. 16. And when all moneys required to be paid by the Distribution said City Treasurer under the last preceding section shall ing moneys. have been by him paid, as required in said section, if there is any money remaining in the fund out of which said payments shall have been made as aforesaid, it shall be the duty of said Treasurer immediately to report the amount of said remaining moneys to said Council. Thereupon it shall be the duty of said Council to empower and direct said Treasurer to distribute and repay such remaining moneys, and in the proportion of the amounts of the original assessments, to the persons by or for whom said original assessments were paid, or to their legal representatives; and it shall be the duty of said Treasurer, in each instance of such repayment, to require, receive, and file away a receipt for said proportionate amount from said persons, or their legal representatives; and in no case shall a contractor who has failed to fulfill the terms and conditions of his contract be entitled to receive any portion of the contract price therefor, and he shall be deemed to have forfeited all right to recover or receive any compensation whatever under said contract. SEC. 17. Whenever any portion of any street, lane, alley, Repairs of court, or place in said city, improved, or any sidewalk constructed thereon according to law, shall be out of repair and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, it shall be the duty of said Superintendent of Streets to require, by notice in writing, to be delivered to them personally or left on the premises, the owners or occupants of lots, or portions of lots, fronting on said portion of said street, lane, alley, court, or place, or of said portion of said walk so out of repair as aforesaid, to repair forthwith said portion of said street, lane, alley, court, or place to the center thereof, or said sidewalk in front of the property of which he is the owner, or tenant, or occupant; and said Superintendent of Streets shall specify in said notice what repairs are required to be made. After the expiration of three days from the date of the service of said notice, the said Superintendent of Streets shall be deemed to have acquired jurisdiction to contract for the making of the repairs required by said notice. If said repairs be not commenced within three days after When Supernotice given as aforesaid, and diligently and without inter- may contract ruption prosecuted to completion, the said Superintendent of for repairs. Streets may, under authority from said City Council, make such repairs, or enter into a contract with any suitable person, at the expense of the owner, tenant, or occupant, at a reasonable price, to be determined by said Superintendent of Streets, and such owner, tenant, or occupant shall be liable to pay the same. Upon the completion of said repairs by said contractors as aforesaid to the satisfaction of said Superintendent of Streets, said Superintendent of Streets shall make

intendent

Contractor's right to sue.

City Council to prescribe penalties.

Character of records.

Service of notices.

Cleansing of

sewers.

Responsibility for damages.

and deliver to said contractor a certificate to the effect that said repairs have been properly made by said contractor, and that the charges for the same are reasonable and just, and that he, said Superintendent, has accepted the same.

SEC. 18. If the expenses of the work and material for such improvements, after the completion thereof, and the delivery to said contractor of said certificate, be not paid to the contractor so employed, or his agent, or assignee, on demand, the said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and said certificate of the Superintendent of Streets shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same in such action.

SEC. 19. In addition, and as cumulative to the remedies above given, the City Council shall have power, by resolution or ordinance, to prescribe the penalties that shall be incurred by any owner or person liable, or neglecting, or refusing to make repairs when required, as provided in section seventeen of this Act, which fines and penalties shall be recovered for the use of the city by prosecution in the name of the people of the State of California, in the Court having jurisdiction thereof, and may be applied, if deemed expedient by the said Council, in the payment of the expenses of any such repairs not otherwise provided for.

SEC. 20. The records kept by the Superintendent of Streets of said city in conformity with the provisions of this Act, and signed by him, shall have the same force and effect as other public records, and copies therefrom, certified by him, may be used in evidence with the same effect as the originals. The same records shall, during all office hours, be open to the inspection of any citizen wishing to examine them.

SEC. 21. Notices in writing, which are required to be given by the Superintendent of Streets under the provisions of this Act, may be served by any person, with the permission of the Superintendent of Streets, and the fact of such service shall be verified by the oath of the person making it, taken before the Superintendent of Streets, or other person authorized to administer oaths; or such notices may be served by the said Superintendent of Streets himself. The Superintendent of Streets shall keep a record of the fact of giving such notices, when delivered by himself personally, and also, of the notices and proof of service when delivered by any other person.

SEC. 22. The Superintendent of Streets shall superintend and direct the cleaning of all sewers, and the expense of the same shall be paid out of the Street or Sewer Fund of such city.

SEC. 23. If in consequence of any graded street or public. highway improved under the provisions of this Act, being out of repair and in condition to endanger persons or property passing thereon, any person while carefully using said street or public highway, and exercising ordinary care to avoid the danger, suffer damages to his person or property, through any

such defect therein, no recourse for damages thus suffered shall be had against such city; but if such defect in the street or public highway shall have existed for the period of twentyfour hours or more after notice thereof to the said Superintendent of Streets, then the person or persons on whom the law may have imposed the obligations to repair such defect in the street or public highway, and also the officer or officers through whose official negligence such defect remain unrepaired, shall be jointly and severally liable to the party injured for the damage sustained.

City Council

SEC. 24. The City Council of such city shall have full Power of power and authority to construct sewers and manholes, cul- to construct. verts with crosswalks, or culverts, or crosswalks, or sidewalks, or any portion of any sidewalk, upon or in any street, lane, alley, court, or place in such city, of such materials, in such a manner, and upon such terms as it may deem proper. None of the work or improvements described in this section shall be stayed or prevented by any written or any other remonstrance or objection, unless such Council deems proper.

Contingent

SEC. 25. The City Council may, in its discretion, repair Street and water streets that shall have been graded, curbed, and Fund. planked, paved or macadamized, and may build, repair, and clean sewers, and shall provide a Street Contingent Fund at the same time and in the same manner as other funds are provided out of which to pay the costs and expenses of making said repairs, and watering said streets, and building, repairing, and cleaning said sewers; but whenever any street requires regrading, recurbing, repiling, repaving, replanking, regraveling, or remacadamizing, or require new culverts, or new crosswalks, or new sidewalks, the work shall be advertised and let out by contract, and the costs and expenses thereof shall be assessed upon the property affected or benefited thereby, the same as in the first instance.

open and

SEC. 26. When any street or portion of a street has been City to keep or shall hereafter be constructed to the satisfaction of said improve. Superintendent of Streets of such city, under such regulations as said Council shall adopt, the same shall be accepted by said Council, and thereafter shall be kept open and improved by the said city, and the expense thereof shall be paid out of the Street Department Fund; provided, that the City Council shall not accept of any portion of a street less than the full width thereof and one block in length, or one entire crossing. The Superintendent of Streets shall keep in his office a register of all accepted streets, the same to be indexed so that reference may be easily had thereto.

PART II.

SEC. 27. Whenever the City Council deem it necessary to construct a receiving sewer, then the said Council may, in its discretion, determine to construct said sewer, and assess the cost and expenses thereof upon the property to be affected or benefited thereby, as provided in part one hereof, or said.

Construction

of sewers.

Incurring of indebtedness decided by general election.

Creation

of the

Council may determine to construct said sewer and pay therefor out of the Street Contingent Fund.

SEC. 28. If at any time the City Council shall deem it necessary to incur any indebtedness for the construction of receiving sewers, in excess of the money in the Street Contingent Fund applicable to the construction of such sewers, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the route and general character of the sewer or sewers to be constructed, and the amount of money necessary to be raised annually by taxation for an Interest and Sinking Fund as hereinafter provided. Such notice shall be published for at least three weeks in some newspaper published in such city, and no other question or matter shall be submitted to the electors at such election. If, upon a canvass of the votes indebtedness cast at such election, it appear that not less than two thirds of all the qualified electors voting at such election shall have voted in favor of incurring such indebtedness, it shall be the duty of the City Council to pass an ordinance providing for the mode of creating such indebtedness, and of paying the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a Sinking Fund for the payment of the principal thereof within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the City Council in each year thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such purpose, in addition to the taxes authorized to be levied for city purposes. Such tax, when collected, shall be kept in the treasury as a separate fund, to be inviolably appropriated to the payment of the principal and interest of such indebtedness.

Character of bonds.

Sale of bonds.

SEC. 29. If bonds are issued under the provisions of the last section, said bonds shall be in sums of not less than one hundred dollars nor more than one thousand dollars, shall be signed by the Mayor and Treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the Mayor and Treasurer. Said bonds shall bear interest, to be fixed by the City Council, at the rate of not to exceed five per cent per annum.

SEC. 30. Before the sale of said bonds the Council shall, at a regular meeting, by resolution, declare its intention to sell a specified amount of said bonds, and the day and hour of such sale, and shall cause such resolution to be entered in the minutes, and shall cause notice of such sale to be published for fifteen days in at least one newspaper published in the city in which the bonds are issued, and one published in the City and County of San Francisco, and in any other newspaper in the State, at their discretion. The notice shall state that sealed proposals will be received by the Council

for the purchase of the bonds on the day and hour named in the resolution. The Council, at the time appointed, shall open the proposals and award the purchase of the bonds to the highest bidder, but may reject all bids.

par.

SEC. 31. The Council may sell said bonds, at not less than Not less than par value, without the notice provided for in the preceding section.

shall be

contracts.

SEC. 32. The proceeds of the sale of the bonds shall be How fund deposited in the city treasury to the account of the Receiv- expended. ing Sewer Fund, but no payment therefrom shall be made, except to pay for the construction of the sewer or sewers for the construction of which the bonds were issued, and upon the certificate of the Superintendent of Streets and the City Engineer, that the work has been done according to contract. SEC. 33. Whenever said Council shall determine to con- Letting of struct any receiving sewer and pay therefor out of the Street Contingent Fund, or by the issuance of bonds as above provided, then said Council shall cause to be prepared plans and specifications of said work in sections, and shall advertise for twenty days in at least one newspaper published in the city in which the sewer is to be constructed, and one in the City and County of San Francisco, for sealed proposals for constructing said sewer. The work may be let in sections, and must be awarded to the lowest responsible bidder, Council having the right to reject any and all bids. The work shall be done and the materials furnished under the supervision and to the satisfaction of the Superintendent of Streets and the City Engineer.

PART III.

Duties of
City

SEC. 34. First-The City Engineer shall be the proper officer to do the surveying and other engineering work nec- Engineer. essary 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 cost and expenses thereof; and every certificate signed by him in his official character shall be prima facie evidence, in all the 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.

Second-The words "improve," "improved," and "improve. Definitions. ment," as used in this Act, shall include all work mentioned in section two of this Act, and also the reconstruction of all or any portion of said work.

Third-The term "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, except the advertising of the delinquent assessment list; also,