cost of any change, or changes, shall not exceed the sum of three thousand dollars. - Who shall draw contract. All contracts shall be in writing, and shall be carefully drawn by the city attorney, city and county attorney, or other law officer of such city, or 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 within which the same shall be completed; and such penalty for the nonperformance of such contract as said board or body may deem just and reasonable. Plans, specifications, etc., to be in triplicate. All 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 or secretary of said board or body, 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 said board or body, and the other copy, with plans and specifications, shall be delivered to the contractor. [Amendment approved March 2, 1897. Stats. 1897, p. 50. In effect immediately.] § 6. Payments on contract. The common council, board of supervisors, or other governing body of such city, or city and county, may make payments on such contract from time to time, as work progresses or materials are furnished; but until the contract is completed, at no time shall the payments exceed seventy-five per centum of the value of the labor or materials furnished. - § 7. Plans and specifications. The plans and specifications herein referred to shall be secured by said board or body after the publication for ten days in a daily newspaper of general circulation in such city, or city and county, of a resolution inviting the submission of competitive plans and specifications for said building or buildings. Said resolution shall contain a general statement of the purposes for which said building or buildings are to be used, the cost thereof, and the character of the design required. Said plans and specifications may be submitted to such board or body under such requirements and conditions, and at such time as said board or body may prescribe. § 8. Act takes effect when. This act shall take effect and be in force from and after its passage. ACT 5172. An act authorizing municipal corporations to lease, purchase, own, and operate gravel-beds and quarries, and to transport gravel and rock therefrom to such municipal corporations, for the purpose of making, improving, and repairing roads. § 1. § 2. § 3. [Approved March 27, 1897. Stats. 1897, p. 217.] Municipal corporations may acquire gravel-beds and quarries. Two-thirds vote necessary. Act not to enlarge limitation upon taxation or expenditure of funds. § 1. Municipal corporations may acquire gravel-beds and quarries. Any incorporated city or town in this state may acquire, lease, pur chase, and operate any gravel-bed or quarry within the county where such city or town is situated, and may equip and operate a plant at such gravel-bed or quarry, or within such town or city, for the purpose of breaking, crushing, or otherwise preparing gravel or rock to be used in making, paving, improving, or repairing its streets. Any such city or town may acquire, lease, or purchase and maintain all necessary roads, rights of way and tramways over which to transport gravel or rock from such gravel-bed or quarry to such city or town, and all necessary appliances for that purpose. § 2. Two-thirds vote necessary. No money shall be expended or expense incurred for any of the purposes set forth in section 1, unless the same is authorized at a regular meeting of the legislative body of such city or town, and by a vote of two-thirds of the members thereof. § 3. Act not to enlarge limitation upon taxation or expenditure of funds. This act shall not extend or enlarge any limitation upon municipal taxation or the expenditure of municipal funds, now existing by reason of state laws or city charters in any of the cities or towns of this state. ACT 5173. An act to promote the protection of cities, towns, and municipal corpora- [Approved March 26, 1895. Stats. 1895, p. 95.] Two-thirds vote necessary. Bonds. How payable. Where payable. § 1. § 2. § 5. 6. 7. Must not be sold at less than par. Proceeds. § 8. Sinking fund. § 10. § 11. Contracts, how let. § 12. Additional bonds by treasurer. Provisions of act paramount and controlling. § 13. Act takes effect when. § 1. Municipal corporations may incur debts to prevent overflow. Any city, town, or municipal corporation incorporaated under the laws of this state may, by procedure hereinafter prescribed, incur indebtedness and liability, although in excess of the income and revenue by It provided for the current fiscal year, but not so that the aggregate funded indebtedness thereof shall exceed six per cent of the assessed value of all the real and personal property in the municipality, for the purpose of protecting such city, town, or municipal corporation from overflow by water, and for the purpose of draining such city, town, or municipal corporation, and for the purpose of securing an shall, aft nicipality, thereafter tive body estimates, by a vote executive lie good either, of c and other the same, f said; and sh if so advise out of the resolution of lished as her shall, within lution or ord thirds of all municipality, of such city, a debt for an and which ha public good. shall specify t incurred, the the municipalit number and C paid, and the a of such bonds lution or ordina eity council or publication last election, a notic tially all the mat calling such spec §3. Newspaper tioned or require city, town, or mun issues thereof, and and no publication required preceding outlet for such overflow water and drainage, or for any part of said purposes, whether by means of canals, ditches, levees, dikes, embankments, dams, and any of the same, whether situated within or without the territorial limits of such city, town, or municipal corporation. § 2. Manner of procedure. Duties of city council. Publication and election. The procedure mentioned in section 1 aforesaid shall be as follows, to wit: The city council or legislative body of such city, town, or municipal corporation shall, first, have made by some competent person general plans and estimates of the cost of such canals, ditches, levees, dikes, embankments, dams, machinery, and other means or works as may be contemplated, which general plans and estimates shall, after adoption, be filed in the office of the clerk of such municipality, and which general plans shall be substantially adhered to thereafter in proceedings under this act. Said city council or legislative body shall, secondly, after the filing of such general plans and estimates, and by resolution or ordinance passed at a regular meeting by a vote of two-thirds of all its members and approved by the executive of the municipality, determine, if so advised, that the public good demands the construction, acquisition, and completion, or either, of canals, ditches, levees, dikes, embankments, dams, machinery, and other like appropriate or ancillary means, or works, or any of the same, for any or all of the purposes mentioned in section 1 aforesaid; and shall further, by the same resolution or ordinance, determine, if so advised, that the cost of the same will be too great to be paid out of the ordinary income or revenue of the municipality; and such resolution or ordinance, shall, after its passage and approval, be published as hereinafter prescribed. Said city council or legislative body shall, within one month after the publication aforesaid, and by resolution or ordinance passed at a regular meeting by a vote of twothirds of all its members, and approved by the executive of the municipality, call a special election, and submit to the qualified voters of such city, town, or municipal corporation the proposition to incur a debt for any or all of the purposes mentioned in section 1 aforesaid, and which have been as aforesaid determined to be demanded for the public good. The resolution or ordinance calling such special election shall specify the purpose for which the indebtedness is proposed to be incurred, the estimated cost of the things proposed, that bonds of the municipality will issue in the amount of such estimated cost, the number and character of such bonds, the rate of interest to be paid, and the amount of the tax levy for each during the outstanding of such bonds to be made for their payment. Such last-named resolution or ordinance shall be published as hereinafter prescribed. Such city council or legislative body shall cause to be published, after the publication last named and prior to the day of holding such special election, a notice of the same, which notice shall set forth substantially all the matters contained in the aforesaid resolution or ordinance calling such special election. § 3. Newspaper publication. Every publication hereinbefore mentioned or required shall be in some newspaper published in such city, town, or municipal corporation; if in a daily paper in at least ten issues thereof, and if in a weekly paper at least two issues thereof; and no publication shall be deemed to have begun until any one required preceding the same shall have been completed. § 4. Elections, how held. Such special election shall be held in the manner provided by law for holding elections in such city, town, or municipal corporation. § 5. Two-thirds vote necessary. It shall require the votes of twothirds of all the voters voting at such special election to authorize the incurring of any indebtedness or the issuance of any bonds under this act. If two-thirds of all the votes cast at such special election be in favor of the proposition submitted, the city council or legislative body may, by ordinance reciting the result of said election, provide for the issuance of the proposed bonds and any matter incidental thereto. § 6. Bonds. How payable. Where payable. All municipal bonds issued under this act shall be of the kind known as serials, and of such denominations as the city council or legislative body may determine; provided, that no bond shall be for less than one hundred dollars nor for more than one thousand dollars, and that not less than one-fortieth part of the whole indebtedness evidenced by the whole of the issue of such bonds shall be, by the terms of such bonds, made payable each and every year. Each bond shall be made payable either in gold coin or other lawful money of the United States as may be expressed in such bond, on a day and at a place designated therein, with interest at the rate specified therein, which rate shall not exceed seven per cent per annum, to be fixed by such city council or legislative body. Said place of payment shall be either at the office of the treasurer of the municipality, or at some designated bank in San Francisco, Chicago, or New York. Said bonds shall be executed on the part of such municipality by the mayor or other executive thereof, and by the treasurer thereof, and countersigned by the clerk of the municipality. The interest coupons shall be numbered consecutively and signed by the treasurer. § 7. Must not be sold at less than par. Proceeds. Any of such bonds may be issued by the city council or legislative body of such city, town, or municipal corporation, and by the same sold, at not less than their face value; and the proceeds of such sale shall be deposited in the municipal treasury to the credit of a designated fund and be applied exclusively to the purposes and objects for which, as aforesaid, the electors have voted to incur indebtedness or liability, until such purposes and objects shall have been accomplished, after which, the surplus, if any, may be transferred to the general fund of the mu nicipality. § 8. Sinking fund. Such city council or legislative body shall, at the time of fixing the general tax levy, and in the manner for such general tax levy provided, levy and collect annually, each year, for the term of forty years, a tax sufficient to pay the annual interest on such bonds and also one-fortieth part of the aggregate amount of such indebtedness so incurred. The taxes herein required to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected. § 9. Powers of city council. The city council or legislative body of every city, town or municipal corporation wherein or for which any public works or improvements are being had or constructed for the purposes herein before specified, and for which indebtedness has been incurred under the provisions of this act, shall have power to make all needful rules and regulations for acquisition, construction, and completion of such works and improvements; to appoint all needful agents, superintendents, and engineers to supervise and construct the same, and shall have power in all lawful ways to protect and preserve the rights and interests of the municipality in respect thereof. § 10. Contracts, how let. All contracts as to said works and improvements shall be let, in such parcels as the city council or legislative body may determine, to the lowest responsible bidder, after notice given for at least ten days by publication in one or more newspapers published in the municipality, inviting sealed proposals. Security or bonds may be required in order to guarantee good faith in bidding and in the performance of contracts, or either, in such amount as such council or legislative body may determine, and such council or legislative body may reject any or all bids. § 11. Additional bonds by treasurer. The city council or legislative body of the municipality may, by resolution, if it deem the same necessary, require the treasurer of the municipality to give additional bonds for the safe custody and care of public funds derived under this act. § 12. Provisions of act paramount and controlling. The provisions of this act are intended to be paramount and controlling as to all matters provided for therein and as to all questions arising in or out of procedure thereunder. § 13. Act takes effect when. This act shall take effect from and after the time of its passage. ACT 5174. To authorize the governing bodies of cities and towns other than cities. of the first class, to refund indebtedness. [Stats. 1883, p. 370.] Amended 1893, p. 57; 1895, p. 203. Repealed 1897, p. 75. See next act. Unconstitutional in part: Los Angeles v. Teed, 112 Cal. 319, 44 Pac. 580. ACT 5175. Authorizing the common council, board of trustees, or other governing body of any incorporated city or town other than cities of the first class to refund its indebtedness, to issue bonds therefor and to provide for the payment of the same. [Stats. 1897, p. 75.] Amended 1901, p. 274; 1919, p. 498. Unconstitutional in part: Los Angeles v. Hance, 122 Cal. 77, 54 Pac. 287. § 1. Refunding bonded indebtedness of municipal corporations. Interest. "Serials." "Funding fund." When election necessary. Application of proceeds of sale of bonds. § 2. Duty of treasurer. |