franchises for the purposes of laying pipes in the streets, roads, avenues, alleys and public highways therein, for the purpose of carrying steam heat under high pressure; to be used, distributed and sold to the inhabitants thereof, for heating purposes.

The granting of such franchises shall be subject to the provisions of the act entitled "An act providing for the sale of street railroad and other franchises in counties and municipalities, and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts," and any act or acts amendatory thereof.

See ante, Act 2720.

АСТ 5196.

An act authorizing municipal corporations, other than freeholder charter cities, to levy and collect a tax for park, music and advertising purposes.

[Approved April 10, 1911. Stats. 1911, p. 846.]

§ 1. City trustees may levy tax for parks, music and advertising purposes.

§ 2. Election.

§ 1. City trustees may levy tax for parks, music and advertising purposes. The council, board of trustees, or other legislative body of any city or municipal corporation within this state, except freeholder charter cities, may levy and collect a tax, not exceeding fifteen cents on each one hundred dollars, for the purpose of providing and maintaining parks and music, and for advertising purposes, and use and expend the money realized from such tax in any manner that may be deemed best by such council, board of trustees, or other legislative body. Such tax shall be in addition to all other taxes now authorized by law to be levied, and may be levied and collected for each fiscal year. The manner of using such tax and the time of collecting the same shall be provided by the ordinance levying such tax; provided, however, that such ordinance shall not become effective until the same shall have been submitted to the electors of such municipal corporation at a special election to be held for that purpose; and such legislative body shall give notice of such election by publication at least once a week for a period of four weeks prior to such election in a newspaper printed and published in such municipal corporation. Such notice shall contain a copy of said ordinance and the electors shall be invited thereby to vote for or against the same. If upon canvassing the votes at such an election, it is found that a majority of the votes so cast are in favor of said ordinance, the same shall become effective, and said tax shall be levied and collected and used in the manner provided therein.

§ 2. Election. Except as otherwise provided herein, the election herein mentioned shall be held as provided by law for holding munici pal elections in such municipality, and the mode and manner of levying and collecting the tax herein provided shall be the same as apply to and govern in the assessment and collection of other municipal taxes.

ACT 5197.

An act authorizing municipalities to declare noxious or dangerous weeds growing upon the streets or sidewalks, or upon private property within municipalities, to be a public nuisance, creating a lien upon the property fronting upon such streets or sidewalks or upon which such nuisance exists for the cost of abating the same.

[Approved May 26, 1915. Stats. 1915, p. 841.]

Weeds may be declared public nuisance.

§ 1.

§ 1. Weeds may be declared public nuisance. All weeds growing upon the streets or sidewalks or upon private property within municipalities, which bear seeds of a wingy or downy nature or attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous may be declared to be a public nuisance by the legislative body of any municipality, and thereafter abated as in this act provided.

§ 2. Resolution. Whenever any such weeds are growing upon any street or sidewalk or private property the legislative body of any municipality may, by resolution, declare the same to be a public nuisance. Said resolution shall refer to the street by the name under which it is commonly known, and describe the property upon which or in front of which said nuisance exists by giving the lot and block number of the same according to the official map, or the assessment map of such municipality used for describing property on tax bills; and no other description of said property shall be required. Any number of streets, sidewalks or parcels of private property, may be included in one and the same resolution.

§ 3. Notice posted. After the passage of said resolution, the street superintendent shall cause to be conspicuously posted in front of the property on which or in front of which such nuisance exists, at not more than one hundred feet in distance apart, but not less than three in all, notices headed "notice to destroy weeds," such heading to be in words not less than one inch in height and substantially in the following form:

NOTICE TO DESTROY WEEDS.

Notice is hereby given that on the day of —, 19—, the (name of the legislative body) passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on

street, in said, and more particularly described in said resolution, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost will constitute a lien upon such lots or lands

until paid. Reference is hereby made to said resolution for further particulars.

All property owners having any objections to the proposed removal of such weeds are hereby notified to attend a meeting of the (name of the legislative body) of said (city or town) to be held (give date), when their objections will be heard and given due consideration. Dated this

day of

19-.

-).

Street superintendent (city or town of Said notices shall be posted at least five days prior to the time for hearing objections by the legislative body of the municipality.

§ 4. Hearing. At the time stated in the notices, the legislative body of the municipality shall hear and consider all objections or protests, if any, to the proposed removal of weeds, and may continue the hearing from time to time. Upon the conclusion of said hearing the legislative body, by motion or resolution shall allow or overrule any or all objections, whereupon the legislative body shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the legislative body on the matter shall be deemed final and conclusive.

§ 5. Order to abate nuisance. After final action has been taken by the legislative body on the disposition of any protests or objections, or in case no protests or objections have been received, the legislative body of the municipality, by motion or resolution, shall order the street superintendent to abate said nuisance by having the weeds referred to removed, and he and his assistants or deputies are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds removed at his own expense providing the same is done prior to the arrival of the street superintendent or his representatives to do the same.

§ 6. Report of street superintendent. The street superintendent shall keep an account of the cost of abating such nuisance in front of or on each separate lot or parcel of land where the work is done by him or his deputies, and shall render an itemized report in writing to the legislative body of the municipality showing the cost of removing such weeds on each separate lot, or in front thereof, or both; provided, that before said report is submitted to said legislative body, copy of the same shall be posted for at least three days prior thereto on or near the chamber door of said legislative body, together with a notice of the time when said report shall be submitted to the legislative body for confirmation.

§ 7. Costs to constitute special assessment. At the time fixed for receiving and considering said report, the legislative body shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating said nuisance and thereupon make such modifications in the report as they deem necessary, after which by motion or resolution said report shall be confirmed. The amounts of the cost for abating such nuisance in front of or upon the various parcels of land mentioned in said report shall constitute special assessments against the respective parcels of land and as thus made and confirmed shall constitute a lien

on said property for the amount of such assessments, respectively. After confirmation of said report, a copy shall be turned over to the assessor and the tax collector of such municipality, whereupon it shall be the duty of said officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

Noxious weeds on streets of cities of fifth and sixth classes. See post, Act 5230.

ACT 5198.

An act authorizing incorporated cities and towns to acquire by gift, purchase, or condemnation, certain lands for garbage disposal sites, and rights of way for roadways thereto.

[Approved May 30, 1923. Stats. 1923, p. 515.]

§ 1. Cities may acquire garbage disposal sites.

§ 2. Condemnation proceedings.

§ 1. Cities may acquire garbage disposal sites. Any incorporated city or town in this state may acquire by gift, purchase, or condemnation proceedings under the power of eminent domain, lands within the county where such city or town is located, for garbage disposal sites and rights of way for roadways thereto.

§ 2. Condemnation proceedings. Any condemnation proceedings instituted under the provisions of this act shall be governed by the provisions of title seven of part three of the Code of Civil Procedure relating to the exercise of the right of eminent domain.

АСТ 5199.

An act to authorize the construction, maintenance and operation of private spur-tracks in municipalities.

[Approved March 21, 1905. Stats. 1905, p. 710.]

§ 1. Construction of spur-tracks to connect with railroads in.

§ 1. Construction of spur-tracks to connect with railroads in. The council or other legislative governing body of any city or town, or city and county, by a majority vote, may grant the right to property owners or to the proprietors of manufacturing or industrial enterprises to construct, maintain and operate spur-tracks from their premises to a connection with any railroad. Such grant shall, nevertheless, be revocable at the pleasure of the granting authority.

АСТ 5200.

To authorize and direct the municipal authorities of the several cities and incorporated towns of this state to execute certain trusts in relation to the town lands granted to the incorporated cities and towns in this state, by the act of congress entitled "An act for the relief of the inhabitants of cities and towns upon the public lands,"

approved March second, eighteen hundred and sixty-seven. [Approved March 24, 1868. Stats. 1867-68, p. 487.]

Amended 1871-72, p. 237. Continued in force by Political Code, 4442. See, also, Stats. 1867–68, p. 692, next act.

ACT 5201.

To authorize and direct the county judges of the several counties of this state to execute certain trusts in relation to the town lands granted to the unincorporated towns in this state by the act of congress entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March 2, 1867. [Stats. 1867-68, p. 692.]

Amended 1873-74, p. 37; 1885, p. 115; 1897, p. 93; 1907, p. 936. See prior act.

АСТ 5202.

.An act relating to the acquisition, construction and operation of public utilities by municipal corporations.

[Approved May 1, 1911. Stats. 1911, p. 1394.]

§1. Municipalities may acquire public utilities.

§ 2. May acquire, etc., land easements.

§ 3. May sell excessive water, etc.

§ 4. Term of lease.

§ 5. Act takes effect when.

§ 1. Municipalities may acquire public utilities. Any municipal corporation of the state of California may acquire, construct, own, operate, or lease any public utility. A public utility, as the term is used herein, is defined to mean the supply of a municipal corporation alone, or together with the inhabitants thereof, or any portion thereof, with water, light, heat, power, transportation of persons or property, means of communication, or promoting the convenience of the public. The power to acquire and operate any public utility shall include the power to complete, reconstruct, extend, change, enlarge and repair any such public utility, acquired, constructed, owned or operated by a municipality.

§ 2. May acquire, etc., land easements. For such purpose any such municipal corporation may acquire, own, control, sell or exchange lands, easements, licenses and rights of every nature within or without its municipal limits, and may operate any such public utility within or without the municipal limits when necessary to supply such municipality, or the inhabitants, or any portion thereof, with the service desired.

§ 3. May sell excessive water, etc. Whenever, in the operation of any such utility, any such municipality shall develop an excess of water, light, heat or power, over and above the amount thereof which is necessary for the use of such municipality and its inhabitants, or of such portion thereof as the legislative body of such municipality may determine shall be supplied therewith, then such nicipality may sell, lease or distribute such excess of water, light, heat or power, outside of the corporate limits of such municipality.

mu