Street im ings taken under this section. On the completion of the work provement to the satisfaction of said commissioners the contractor shall be

Improvement must

width.

entitled to recover from such person, company, or corporation, the contract price for the cost and expense of said work, together with incidental expenses, in an action instituted in a court of competent jurisdiction. On the trial of such action the certificate of said commissioners of the completion of said work to their satisfaction shall be prima facie evidence of the regularity of all proceedings prior thereto, and of plaintiff's right to recover in said action.

Improvement must extend full width.

SEC. 198. No ordinance for improvement of any street, other extend full than for sewers, sidewalks, and curbs, except for the improvement of the streets constituting or lying along the water front of said city, and except for such work as is provided for in the last preceding section, shall be passed by the board of trustees without extending the said improvement throughout the whole width of said street.

Definitions. "Street."

ment.

"Main street."

Definitions.

SEC. 199. Whenever in this article the word "street" occurs it shall be held to include all streets, lanes, alleys, places, and courts which have been, or may be hereafter, dedicated to public use, and whose grade and width have been legally established; and the grade of all intermediate or intersecting streets in any one block shall be deemed to conform to the grades as established at the crossing of the main streets. The word "improve"Improvement" shall be held to include grading, paving, planking, macadamizing, piling, and capping; and the construction and repair of public buildings, wharves, sewers, cesspools, manholes, culverts, drains, sidewalks, and curbs. The term "main street" shall mean such street or streets as bound a block, and the term "street" shall include crossing. The word "block shall mean the blocks known or designated as such upon the "Pave." maps and books of the assessor. The word "pave" shall include any pavement of stone, iron, wood, or other material which the board of trustees may, by ordinance, order to be used. The "Expense" term "expense" shall include the price at which the contract was awarded, and the term "incidental expense" shall include all expenses incurred in printing and advertising the work contracted for; charges for advertising shall be no greater on any work, or any part of any work, ordered done by the board of city trustees, or any other board having authority to order work done, than is charged for what is known as "city printing," and no board or court shall allow any greater charge to be collected.

"Block."

Publica

tion of

All notices and resolutions required in this article to be notices,etc. published shall be published daily in one newspaper published in the city, for the full period required by the ordinance providing for the said publication; provided, that Sundays or legal holidays shall not be counted as days of publication.

All notices required herein to be served, whether by delivery

or posting, may be served by any male citizen of the age of Street imtwenty-one years, and his affidavit thereof shall be prima facie provement evidence of such service. The affidavit by the publisher of the newspaper in which the notice was published, or of his clerk, of the publication of any notice required in this article to be published, shall be prima facie evidence of such publication.

Changing grade of accepted streets.

SEC. 200. When any street shall have been graded, paved, change of or otherwise improved in accordance with the terms of this grade. charter, and the costs of said improvements shall have been paid by the owners of the lots or lands adjacent thereto, and such grading, paving, or other improvements shall have been accepted and established, no change shall be made in the grade of such street, unless on the petition of the owners of three fourths of the property fronting on said street. Upon the filing of said petition with the city clerk, the board of trustees shall refer the same to the commissioners of public works, which shall determine whether the improvement described would be a public benefit, and shall report their decision to the board of trustees. If the report of said board should favor granting the request of the petitioners, the board of trustees shall proceed in the manner specified hereinafter.

New streets, public grounds, etc.

SEC. 201. In all cases where land in said city shall be here- New after subdivided and laid out into blocks or plots, with lots, streets, etc. streets, and alleys, or where new streets or public grounds shall be laid out, opened, donated, or granted to the public by any proprietor, the map or plat thereof shall be submitted to the commissioners of public works for their approval; and if the commissioners approve the same, such approval shall be by them indorsed upon said map or plat, and said map, with said approval, shall then be filed in the office of the recorder of Solano county; and without such approval indorsed thereon no map or plat shall be filed in the office of said recorder, or shall have any validity; nor shall any street, alley, or public ground hereafter opened and dedicated as such, become or be a public street or be subject to any public improvement or expense, without such approval, indorsement, and filing.

Emergency repairs.

SEC. 202. Said commissioners shall cause to be made all Emergency urgent repairs upon accepted streets, that may from time to repairs. time be requisite for public safety, and for that purpose may employ such laborers as may be necessary, and at such wages as is in this charter provided; but when the cost and expense of such repairs upon any accepted street, or portion of a street, shall exceed the sum of two hundred dollars, exclusive of material to be furnished from the corporation material yard, if there be any such material on hand, the same shall be done under contract, awarded in the manner provided in this charter

Street im

All work required to be done on any street, or part of any provement street, in said city which has not been accepted, shall be done at the expense of the owners of the property fronting on said street, or part of said street, and in the manner provided in this article; provided, that the board of trustees may provide for such repairs on unaccepted streets as the commissioners of public works may recommend as necessary to public safety; provided, also, that no greater sum than five hundred dollars shall be expended for that purpose in any one year.

Contracts.

Corpora

Contracts for material and supplies.

SEC. 203. Said commissioners shall, from time to time, after they have been directed to do so by the board of trustees, by ordinance, invite proposals for supplying to the city such materials as may be required for the repair of public streets, or for any improvement thereon, and such proceedings shall be had in awarding the contract therefor, as are in this charter provided for awarding other contracts.

Corporation yard.

SEC. 204. The board of trustees shall select some place in said tion yard. city which shall be known as the "corporation material yard," wherein shall be kept all material, tools, and implements to be used in cleaning and repairing the streets, or for any improvement thereto. Said yard shall be under the control of the commissioners of public works.

Serial bonds.

Serial bonds for street improvement.

SEC. 205. Whenever the board of trustees shall find, upon the estimates of the commissioners of public works, that the cost of any proposed work or improvement authorized by this charter will be greater than one dollar per front foot along each line of street so proposed to be improved, including the cost of intersection work assessable on said frontage, it shall have the power, in its discretion, to determine that serial bonds shall be issued to represent the cost of said work or improvement; said bonds to be issued, and the work to be done, in accordance with the provisions of an act of the legislature of the state of California, entitled "An act to provide a system of street improvement bonds to represent certain assessments for the cost of street work and improvement within municipalities, and also for the payment of such bonds," approved February 27, 1893.

Said serial bonds shall extend over a period not exceeding ten years from their date, and an even annual proportion of the principal sum thereof shall be payable, by coupon, on the second day of January of every year after their date, until the whole is paid, and the interest shall be payable semi-annually, by coupon, on the second days of January and July, respectively, of each year, at the rate of not to exceed seven per cent per annum, on all sums unpaid, until the whole of said principal and interest are paid. Said bonds and interest thereon shall be paid at the office of the city treasurer, who shall keep a

fund designated by the name of said bonds, into which he shall street imreceive all moneys paid him for the principal of said bonds and provement the interest thereon, and from which he shall disburse such Serial sums upon presentation of said coupons; and under no circum- bonds. stances shall the said bonds or the interest thereon be paid out of any other fund. Said treasurer shall keep a register in his office, which shall show the series, number, date, amount, rate of interest, payee, and indorser of each bond, and the number and amount of each coupon of principal or interest paid by him, and shall cancel and file each coupon paid.

SEC. 206. All work on the public streets in the city, as embraced in the act of the legislature of the state of California, entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March 18th, 1885; and all acts amendatory thereof, or supplementary thereto, shall be done by authority of the trustees, and in conformity with the provisions of the said act, except as otherwise provided for in this charter.

Sewers and drainage.

drains.

SEC. 207. The commissioners of public works shall devise Sewers and subject to the approval of the board of health, a general system of drainage, which shall embrace all matters relative to the thorough, systematic and effective drainage of the city, and shall from time to time make to the board of trustees such recommendations upon the subject of sewerage and drainage as it may deem proper.

SEC. 208. The commissioners of public works shall prescribe the location, form and material to be used in the construction, reconstruction, and repair of all public sewers, manholes, sinks, drains, cesspools, and all other appurtenances belonging to the drainage system, and every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection.

SEC. 209. The commissioners shall recommend to the trustees rules and regulations concerning the public and private sewers and drains in the city, and upon recommendation of said commissioners, the board of trustees are authorized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof.

SEC. 210. No person shall connect with, or open, or penetrate any public drain or sewer without first obtaining a permit in writing from said commissioners of public works and complying with the rules and regulations of the commissioners in relation thereto.

SEC. 211. Within one year after this charter shall go into operation, the board of trustees shall by ordinance provide that all premises along any street, or part of a street, in which there is a public sewer, shall connect with said public sewer. Upon the approval of said ordinance the commissioners of public works shall give notice, by publication in one newspaper published in this city, for ten days, that all premises on any street, or part of a street, having a public sewer in it, must be

Street improvement

Sewers and drains.

connected by such drain or sewer as may be approved by the board of public health; should any owner of any of said premises fail or neglect to have said connection made within six months from the date of the last publication of said notice, the commissioners of public works shall proceed to, and make, such connections as they may deem proper, and all cost of making such connection shall be charged against the property, and shall be collected in the manner that all taxes or assessments are collected.

SEC. 212. Whenever the commissioners of public works make any connection under the provisions of this article, they shall prepare a bill which shall give the exact amount of cost of said work, and the secretary of the commissioners shall furnish the owner of the premises and the tax collector each with a copy, and the commissioners shall retain on their file a copy of the

same.

SEC. 213. The board of trustees shall have power to require, upon such notice as the board may direct, any lots, or portion of lots, within the city, which may be covered with stagnant water a portion of the year, to be filled up to such a level or grade as will prevent the same from being covered, and to assess the cost of such filling upon such real estate, and provide that it shall be a lien thereon.

ARTICLE XXI.

Illegal demands, approval of.

Wharves, etc.

MISCELLANEOUS.

Illegal approval of demands.

any

SEC. 214. Every officer who shall approve, allow, or pay demand on the treasury not authorized by law, ordinance, or this charter, shall be liable to the city, individually, and on his official bonds, for the amount of the demand so illegally approved, allowed, or paid.

Buildings upon wharves.

SEC. 215. No person, company, or corporation shall erect or maintain any building or structure upon any wharf upon which there is a franchise, without the consent of the board of trustees evidenced by ordinance, and said ordinance must clearly set forth the purpose for which such building or buildings are intended to be used, and if the proposed building or structure is to be used and maintained for the transaction therein of any business that cannot be lawfully conducted without a special permit, or license, the board of trustees shall have no power to pass such an ordinance; and if any such building or structure shall be on any wharf within the city limits, and if maintained or used for the transaction of any other business than that which is set forth in the franchise, or that requires to be licensed, when this charter goes into effect, the board of city trustees shall, by ordinance, order said building or structure removed within a definite time, to be specified in said ordinance, and if the owner or person in control of the same