which are to be assessed on account of the expenses thereof, and fixing a time, not less than fifteen days thereafter, for hearing objections. SEC. 3. The preliminary resolution must be published at Publication. least ten days prior to the time fixed for the hearing, in some newspaper printed within the corporate limits of the town, in every issue of said paper during the time, and posted in three public places within said limits, including the Town Hall door, ten days prior to the time fixed for the hearing. SEC. 4. If the owners or possessors and claimants of two- Protests. thirds in value of the lands to be charged for the expenses of said improvement, as described in said resolution, the value. to be determined according to the latest completed assessment roll of said town, protest against said improvement, the proceeding must be discontinued, and no other proceeding for substantially the same improvement can be commenced within six months thereafter; provided, however, that the Trustees may, by an unanimous vote of all the members, proceed to cause such improvement to be made, notwithstanding such protest. SEC. 5. When the Trustees are authorized to proceed as provided in section four, and at the time mentioned in the preliminary resolution, and from time to time thereafter, at the option of the Trustees, they must proceed to consider and finally act upon the matter. property. SEC. 6. If the Trustees determine to proceed with the Action to improvement, they must pass a final resolution expressing condemn such determination, describing the improvement, and also describing the lands to be charged with the expenses of said improvement, as in the preliminary resolution, and directing that an action be commenced in the District Court of Alameda County for the condemnation of the property necessary to be taken for said improvement. SEC. 7. A complaint shall be filed in said Court, wherein the town must be the plaintiff, and the persons owning and claiming the lands to be taken for said improvements, and the lands to be assessed for the expenses thereof, the defendants, setting forth the final resolution of the Board of Trustees describing the proposed improvements, and the lands to be assessed for the expenses thereof, and the matters required by section twelve hundred and forty-four of the Code of Civil Procedure. SEC. 8. The Clerk of the Court must issue a summons as Summons. provided by section twelve hundred and forty-five of the Code of Civil Procedure, and service of the same must be made as in civil actions; provided, however, that where the person on whom the service is to be made resides out of the State, or cannot, after due diligence, be found within said town, or is a foreign corporation having no managing or business agent, cashier, or secretary within the State, or there are unknown owners of any of the parcels of land sought to be taken, or declared by said Board of Trustees to be immediately benefited, as provided for in section two of this Act, and the fact appears by affidavit, to the satisfaction of the Court or the County Judge, such Court or Judge may make an order Defense. take testi mony. that the service be made by the publication of the summons. The order must direct the publication to be made in a newspaper in said town, to be designated, for a period not less than thirty days, and the service of the summons shall be deemed complete at the expiration of the time prescribed by the order of publication. SEC. 9. All persons in occupation of, or having or claiming an interest in any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead, and defend each in respect to his own property or interest, or that claimed by him, in like manner as if named in the complaint. Referees to SEC. 10. The Court may, in its discretion, appoint three referees to take the testimony as to benefits and damages, and to report their findings to the Court. Any party may object to the appointment of any person as referee on one or more of the grounds specified in section six hundred and forty-one of the Code of Civil Procedure. The Court or determine. referees must hear all legal testimony that may be offered by any of the parties to the proceeding, and thereupon must ascertain and assess: Court to Referees' report, assessment of damages. When excess of benefits. First-The value of the property sought to be condemned, and all the improvements thereon pertaining to the realty, and of each and every separate estate therein; if it consists of different parcels, the value of each parcel and each estate, or interest therein, shall be separately assessed. Second-If the property sought to be condemned constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff. Third-The benefit to the several parcels of land within the prescribed limits, not taken for the improvement. SEC. 11. The referees shall make their report within a time to be prescribed by the Court; provided, that if they cannot agree, they may make separate reports as to all or any of the parcels of land, and the Court may confirm the unanimous report or either of the separate reports, or may, upon the testimony given, find the facts itself. If the aggregate of benefits is less than the damages, the proceeding shall be discontinued; if equal to or greater than the damages, the Court must assess said lands for an amount sufficient to pay such damages. Each parcel must be assessed separately in proportion to the benefits received from said improvement. If the benefits to any parcel are less than the damages to it, they shall be deducted from the damages and the remainder shall be the amount of damages allowed to such parcels. SEC. 12. When the Court has ascertained the excess of benefits over damages to each parcel so benefited, it must, by its judgment, direct a sale of each parcel, or so much thereof as may be necessary, and the application of the proceeds of the sale to the payment of said amount and the cost of Court and expenses of the same. SEC. 13. Within thirty days after the entry of judgment, Default. the persons liable must pay to the Clerk of the Court the several amounts thereof, in default of which the same shall be collected by sale of the respective parcels under execution. The provisions of the Code of Civil Procedure relating to the sale of land under execution shall apply to sales under this section. tion, final SEC. 14. After the money is collected payment shall be Condemnamade or tendered to the parties entitled thereto, if they can order of. be found, and the Court must make a final order of condemnation, which must describe the property condemned, and the purpose of such condemnation. SEC. 15. A copy of the order must be filed in the office of the Recorder of the county, and thereupon the property described therein shall vest in the plaintiff for the purposes therein specified. In case of conflict of title to any parcel the money to be paid shall be placed and remain in Court, to be awarded to the true owner by due process of law. SEC. 16. Costs may be allowed or not, and if allowed, may Costs. be apportioned among the parties in the discretion of the Court, except as otherwise herein provided. The provisions of Part Second and Part Third of the Code of Civil Procedure are applicable and constitute the rules of practice, and the rules applicable to new trials and appeals, in this proceeding. SEC. 17. This Act shall take effect and be in force from and after its passage. 1929-1060 CHAP. CCCXXV.—An Act to regulate contracts on behalf of the 1907. State, in relation to erections and buildings. [Approved March 23, 1876.] am 1907-225 1871-458 The People of the State of California, represented in Senate and 1405-11111 R-1909-656 plans to be 1913-844 1913-8547 19154306 SECTION 1. That in all cases where the Commissioners, Before conDirectors, Trustees, or other officer or officers, to whom is tracting, confided by law the duty of devising and superintending the furnished. erection, alteration, addition to, or improvement of any State institution, asylum, or other improvement, erected, or now being erected, or to be erected, by the State, such Commissioners, Directors, Trustees, or other officer or officers, before entering into any contract for the erection, alteration, addition to, or improvement of such institution, asylum, or other improvement, or for the supply of materials therefor, the aggregate cost of which erection, alteration, addition, or improvement, and materials therefor, exceed the sum of three thousand dollars, shall make, or procure to be made, a full, complete, and accurate plan or plans of such institution, asylum, or other improvement, or of any addition to, or alteration, or improvement thereof, in all its parts, showing working! all the necessary details of the work, together with working plans and plans suitable for the use of the mechanics or other builders materials. bills of during the construction thereof, so drawn and represented as to be plain and easily understood; and, also, accurate bills, showing the exact amount of all the different kinds of materials necessary in the erection thereof, addition thereto, or in the alteration or improvement thereof, to accompany said plan or plans; and, also, full and complete specifications of the work to be done, showing the manner and style in which the same will be required to be done, giving such directions for the same as will enable any competent mechanic or other builder to carry them out, and afford the bidders all needful information to enable them to understand what will be required in the erection, addition to, alteration, or improvement of such institution, asylum, or other improvement; and to make, or cause to be made, a full, accurate, and complete estimate of each item of expense, and the entire aggrespecial and gate cost of such institution, asylum, or other improvement, or of any addition to, alteration, or improvement thereof, when completed. Estimate made of aggregate cost. Plans, etc., to be approved by Governor, Treasurer, and Secreta SEC. 2. That such plans, drawings, representations, bills of materials, and specifications of work, and estimates of the cost thereof, in detail and in the aggregate, as are required in the first section of this Act to be made, shall be, when made, ry of State. submitted to the Governor, State Treasurer, and Secretary of State, for their approval, and if approved by them, a copy thereof shall be deposited and safely kept in the office of Controller of State. Sealed proposals, notice of Bond that contractor will perform contract. SEC. 3. That after such plans, descriptions, bills of materials, and specifications, and estimates, as are in this Act required, are made and approved, in accordance with the requirements of this Act, it shall be, and is hereby made, the duty of such Commissioners, Directors, Trustees, or other officer or officers to whom the duty of devising and superintending the erection, addition to, alteration, or improvement of such institution, asylum, or other improvement, as in this Act provided, to give or cause to be given public notice of the time and place, when and where sealed proposals will be received for performing the labor and furnishing the materials necessary to the erection of such institution, asylum, or other improvement, or for the adding to, altering, or improvement thereof, and a contract or contracts, based on such sealed proposals, will be made; which notice shall be published weekly for four consecutive weeks next preceding the day named for the making of such contract or contracts, in the paper having the largest circulation in the county where the work is to be let, and in two daily papers having the largest circulation and published each in the Cities of San Francisco and Sacramento, and shall state when and where such plan or plans, descriptions, bills, and specifications can be seen, and which shall be open to public inspection at all business hours between the date of such notice and the making of such contract or contracts. SEC. 4. That on the day named in said public notice, said Commissioners, Directors, Trustees, or officer or officers as aforesaid, shall proceed to publicly open said sealed proposals, and shall award such contract or contracts for doing the work and furnishing materials for the same, to the lowest bidder, giving responsible bonds; provided, always, that no proposals shall be considered unless accompanied with a bond of said proposer, equal to ten per cent. of his proposal, with sufficient sureties, conditioned, that if said proposal shall be accepted, the party proposing will duly enter into a proper contract, and faithfully perform his or their contract or contracts, in accordance with said proposal, and the plan or plans, specifications, and descriptions, which shall be and are hereby made a part of such contract or contracts; and provided further, that such contract or contracts shall not be binding on the State until they are submitted to the Attorney-General, and by him Attorneyfound to be in accordance with the provisions of this Act, General to and his certificate thereon to that effect made; and provided contract. further, that if in the opinion of such Commissioners, Directors, Trustees, or other officer or officers, the acceptance of the lowest bid or bids shall not be for the best interests of the State, it may be lawful for them, with the written advice and consent of the Governor, State Treasurer, and Secretary of State, to accept such proposal or proposals opened, as in their Best contract opinion may be better for the interests of the State, or reject may be acall proposals and advertise for others in the manner afore- rejected. said. All contracts shall provide that such Commissioners, Directors, Trustees, or other officer or officers may, as hereinafter provided, and on the conditions stated, make any change in the work or materials. certify to cepted, or all made unless original. filed. SEC. 5. That no change of the plan or plans, descriptions, No change bills of materials, or specifications, which shall either in- in plan to be crease or decrease the cost of said institution, asylum, build- approved as ing, or improvement, exceeding the sum of one thousand dollars, shall be made or allowed, after they are once approved and filed with the Controller of State as herein required, until such proposed change shall have received the approval of the Governor, State Treasurer, and Secretary of State; and when so approved, the plan or plans of such changed change, with the description thereof, and the specifications plans to be of the work, and bills of material, shall be filed with the Controller of State in the same manner as required before such change was made; and no allowance whatever shall be made for work performed or materials furnished un der such change of plan or plans, or descriptions, or specifications, or bills of materials, unless, before such labor is performed and materials furnished, a contract or contracts therefor is made Contract for in writing, which contract or contracts shall show distinctly in writing. the nature of such change, and shall be subject to all the conditions and provisions herein imposed upon the original contracts, and be subject also to the approval of the AttorneyGeneral as hereinbefore provided; provided, that all changes in the contract exceeding five hundred dollars, shall be by contracts in writing, with full specifications and estimates, and shall become a part of the original contract, and shall be filed with the Controller of State, with the original con- Change not tract; and provided further, that the amount of such change to increase in the contract, plans, descriptions, bills of materials, or cost more specifications, shall not, in the aggregate, increase the cost of per cent. change to be than three |