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specified. The provisions of the Political Code of this state prescribing the manner of levying and collecting taxes and the duties of the several county officers with respect thereto are, so far as they are applicable and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act. All moneys raised by taxation as herein provided shall belong to said district. Anything in this act to the contrary notwithstanding the board of supervisors shall set apart and turn over to the boulevard commission out of the general fund of the county twenty-five per cent of the cost of acquisition of rights of way for, and of construction of, said boulevard or boulevards and also twenty-five per cent of the cost of maintenance and repair of said boulevard or boulevards, all such moneys to be used by the boulevard commission for such purposes respectively, and the board of supervisors shall set apart and use for road work in the boulevard district all moneys raised in such district by the county for road purposes; provided, however, that if for any reason the provisions, or any thereof, of this sentence are unconstitutional or affect the constitutionality of this act or any of the provisions thereof, then this sentence, or such provisions thereof, only, shall be void and the re mainder of this act shall stand as if this sentence, or such provisions thereof, as the case may be, had not been included in this act, the same being hereby declared to be separable. [New section added May 29, 1917; Stats. 1917, p. 1309.]

The original section was repealed in 1917. Stats. 1917, p. 1299.

§ 18. Funds kept by county treasurer. The treasury of the county wherein the district is situated shall be the repository of all the funds of the district. The treasurer of the county shall receive and receipt for the same, and shall place the same to the credit of the boulevard district. He shall be responsible upon his official bond for their safekeeping and disbursement in the manner herein provided. [New section added May 29, 1917; Stats. 1917, p. 1310.]

The original section was repealed in 1917. Stats. 1917, p. 1299.

§ 19. Funds established. The following funds are hereby established to which the money belonging to the district, and raised by taxation as herein provided, shall be apportioned by the treasurer, to wit: bond fund, construction and maintenance fund, and district expense fund. The treasurer shall pay out the same only upon warrants of the boulevard commission, signed by the president and attested by the secretary, except that all bonds and coupons shall be paid on presentation by the county treasurer out of the bond fund without such warrant. The treasurer shall report in writing to the commissioners whenever requested by them or the secretary the amount of money in the various funds, the amounts of receipts since his last report and the amounts paid out. [New section added May 29, 1917; Stats. 1917, p. 1310.].

The original section was repealed in 1917. Stats. 1917, p. 1299.

§ 20. Maintenance and repair. The commission may do any or all work of maintenance or repair upon such boulevard, or boulevards, either with or without contract therefor, and with or without advertising for bids for contracts for such work of maintenance and repair, at its discretion; provided, however, that if the cost of any such work of main

tenance or repair shall exceed the sum of one thousand dollars, then such work shall be done under contract pursuant to bids for such work after advertising in the same manner herein provided for advertising for bids and letting contracts for construction work. [Amendment approved May 7, 1919; Stats. 1919, p. 356.]

This section was added May 29, 1917; Stats. 1917, p. 1310. The original section was repealed in 1917. See Stats. 1917, p. 1299.

§ 21. Application to state department of engineering for exercise of powers. Anything in this act to the contrary notwithstanding, the boulevard commission shall have and is hereby given power and authority, at its option, to make application to the department of engineering of the state of California, or to the proper subdivision of said department, for the exercise by said department, or proper subdivision thereof, as the case may be, of any or all powers, duties or authority which said department or proper subdivision thereof, as the case may be, may now, or at any time hereafter, exercise or enjoy with respect to the ownership, construction, maintenance or improvement of any boulevard or boulevards or proposed boulevard or boulevards, constructed or to be constructed pursuant to the provisions of this act, including the preparation of plans, specifications and estimates for, and the handling and expenditure of boulevard district moneys for, such construction, maintenance or improvement; any such application to said department of engineering, or subdivision thereof, shall be made in accordance with the provisions of the law as it now is or may hereafter exist defining the powers, duties or privileges of such department of engineering or subdivision thereof in relation to such matters, and upon the granting of any such application by said department of engineering or subdivision thereof, the boulevard commission shall have full power to carry out the terms of such application on its part. [New section added May 29, 1917; Stats. 1917, p. 1311.]

The original section was repealed in 1917. Stats. 1917, p. 1299. § 22. Transfer of boulevard to county. Anything in this act to the contrary, notwithstanding, the boulevard commission shall have, and it is hereby given, full power and authority at its option to transfer and convey all the right, title and interest of the boulevard district in and to any boulevard or boulevards in such district after complete construction thereof, to the county within which such district is situated, provided that the board of supervisors of such county consent to and accept such transfer and conveyance and agree thereafter to maintain such boulevard or boulevards as boulevards and as part of the county highway system of such county, any and all such boulevards so transferred and conveyed to be thereafter held and owned by such county as county boulevards without any further liability or responsibility therefor on the part of such district. But no such transfer or conveyance shall affect any bond or bonds theretofore issued by such district or the liability of such district thereunder. [New section added May 29, 1917; Stats. 1917, p. 1312.].

The original section was repealed in 1917. Stats. 1917, p. 1299.

§ 23. Dissolution of district. The district may at any time be dissolved upon the vote of two-thirds of the qualified electors thereof at an election called by the boulevard commission upon the question of

dissolution. Whenever it shall deem it advisable, the boulevard commission shall, by resolution, order that an election be held in the said district upon the question of dissolution of the district. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, any property which may have been acquired by such boulevard district shall vest in the county, except that any such property lying within the boundaries of an incorporated city shall vest in such city; provided, however, that if at the time of the election to dissolve such district there be any outstanding bonded indebtedness of such district, then, in such event, the vote to dissolve such district shall dissolve the same for all purposes excepting only the levy and collection of taxes for the payment of such outstanding indebtedness of such district; and from the time such district is thus dissolved until such bonded indebtedness with interest thereon is fully paid, satisfied and discharged, the board of supervisors of the county shall constitute ex officio the boulevard commission of such district. And it is hereby made obligatory upon such board to levy such taxes and perform such other acts as may be necessary in order to raise money for the payment of such indebtedness, and the interest thereon, as herein provided. [New section added May 29, 1917; Stats. 1917, p. 1312.]

The original section was repealed in 1917. Stats. 1917, p. 1299.

§ 24. Repeal of act of 1909. That certain act entitled "An act to provide for the formation of boulevard districts, and the construction, maintenance, and use of boulevards, and defining the term boulevard,” approved March 22, 1905, and the act amendatory thereof, approved April 15, 1909, are hereby repealed.

§ 25. Established districts validated. Any and all boulevard districts heretofore established by order entered by any county board of supervisors under this act, and all amendments thereof or of any section or sections thereof, are hereby declared to be legally organized and existing and all the proceedings on the organization and formation of any and all such boulevard districts are hereby approved and in all respects declared valid, and all boulevard districts are subject to the provisions of this act so far as applicable. [New section added May 29, 1917; Stats. 1917, p. 1313.]

§ 26. Proceeding to determine legality of district. Any district formed hereunder, in order to determine the legality of its existence, may institute a proceeding therefor in the superior court of the county in which it was organized by filing with the clerk of said county a complaint setting forth the name of the district, its exterior boundaries, the date of its organization and a prayer that it be adjudged a legal boulevard district formed under the provisions of this act. The summons in such proceeding shall be addressed generally to all persons interested in said district or in any of the lands therein contained, and shall be served by publishing a copy thereof once a week for four weeks in some newspaper of general circulation published in the said county. Within thirty days after the last publication thereof any person interested may appear and answer said complaint, in which case said answer shall set forth the facts relied upon to show the invalidity of the district. If no answer shall be filed within said time the court must render judgment as prayed for in the complaint. If an answer be filed

the court shall proceed as in other civil cases. Said proceeding is hereby declared to be a proceeding in rem and the judgment rendered therein shall be conclusive against all persons whomsoever and against the state of California. [New section added May 29, 1917; Stats. 1917, p. 1313.]

ACT 3263.

An act to permit counties to acquire rights of way for state highways and to pay part of the expense of constructing state highways and bridges within their limits and authorizing the state to accept the same.

[Approved June 3, 1913. In effect August 10, 1913. Stats. 1913, p. 445.]

Acquisition of rights of way and rock quarries for state highways authorized.

§ 1.

[blocks in formation]

§ 1. Acquisition of rights of way and rock quarries for state highways authorized. Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the interests of the county would be promoted thereby, the board of supervisors, upon the recommendation of the advisory board of the department of engineering of the state of California, may, by resolution passed by a fourfifths vote of said county board, determine to acquire by purchase, donation or dedication, or lease any right of way, rock quarry or land needed for state highway purposes and described in such recommendation, and shall proceed, if necessary, to condemn under the provisions of the Code of Civil Procedure relating to such proceedings any right of way, rock quarry or land rcommended to be acquired as aforesaid. The title to such property may be taken in the name of the state or the county. The order of the board of supervisors shall be the only preliminary procedure required prior to the acquisition of such property or the commencement of such condemnation action or actions.

§ 2. Counties may contribute bridges, etc. Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the interests of the county would be promoted thereby, the board of supervisors may, upon the written request of the advisory board of the department of engineering of the state of California, by resolution passed by a four-fifths vote of said county board, determine to contribute bridges, fencing, money, labor, materials and other appurtenances toward the expenses of constructing state highways within their limits.

§ 3. Cost charged to general fund. The cost of such acquisition of property mentioned in section 1 of this act and the contributing of bridges, fencing, money, labor, materials, or other appurtenances mentioned in section 2 of this act may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited.

§ 4. State authorized to receive. The state is hereby authorized to receive and use the benefits provided under this act, and any money contributed by a county shall be paid into the state fund designated

by the board of supervisors in the resolution determining such donation.

ACT 3264.

An act regulating the making of openings or the placing of structures or the change or renewal of any structure and the planting or removal of trees or shrubs or the placing of obstructions in or on state roads and highways; providing for the issuance of permits by the state department of engineering relative thereto, and for the laying or placing pipes, conduits, sewers, poles, wires, railways, obstructions and other objects, and for the planting, trimming or removal of trees or shrubs in or on state roads and highways; providing for the requirement of bonds from applicants before the issuance of such permits; and prescribing the penalty for violations of the provisions of this act.

[Approved April 23, 1915. Stats. 1915, p. 179.]

§ 1. Permits from department of engineering for openings, etc., in highways. Work done under supervision of department of engineering.

§ 2.

Power of railroad commission not limited.

§ 1. Permits from department of engineering for openings, etc., on highways. Work under supervision of department of engineering. No opening shall be made in any state road or highway nor shall any structure be placed thereon, nor shall any structure which has been placed thercon be changed or renewed except in accordance with a permit from the state department of engineering or its duly authorized officers who shall exercise complete and permanent control over such roads or highways. No state road or highway shall be dug up for laying or placing pipes, conduits, sewers, wires, railways or other objects, and no tree or shrub in or on any state road or highway shall be planted, trimmed or removed, and no obstruction placed thereon, without a written permit as herein before provided, and then only in accordance with the regulations of such department of engineering or its duly authorized officers or employees; and the work shall be done under the supervision and to the satisfaction of the department of engineering or its appropriate officers or employees, and the entire expense of replacing the highway in as good condition as before shall be paid by the persons to whom the permit is given or by whom the work is done; but a city or town may, within its corporate limits, dig up a state road or highway without such approval or permit in case of immediate necessity; but in such cases it shall be forthwith replaced in as good condition as before at the expense of the city or town.

Bond of applicant. The department of engineering, or its duly authorized officers, may, in its discretion, before granting a permit under the provisions of this act, require the applicant to file a satisfactory bond to the people of the state of California in such an amount as may be deemed sufficient by the department of engineering or its duly authorized officers, conditioned for the proper compliance with the requirements of this act by the person granted such permit.

Work without permit, misdemeanor. Any person convicted of making any opening in a state road or highway or placing any structure thereon, or changing or renewing any structure thereon without obtain

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