lication or posting has been duly made shall be conclusive evidence that such publication or posting has been properly made. Orders not establishing a general regulation need not be published or posted (unless otherwise provided by this act,) but shall be entered in the minutes, and the entry shall be signed by the secretary of the board. A general regulation shall take effect immediately upon the expiration of the week of publication or posting thereof. An ordinary order shall take effect upon the entry in the minutes. Sec. 20. The board may instruct the district attorney of the county to commence and prosecute any and all actions and proceedings necessary or proper to enforce any of its regulations or orders, and may call upon said district attorney for advice as to any sanitary subject; and it shall be the duty of the district attorney to obey such instructions and to give advice when called on by the board therefor. The board may at any time employ special counsel for any purpose. All fines for the violation of any regulation or order of the sanitary board shall, after the expenses of the prosecution are paid therefrom, be paid to the secretary of the board, who shall forthwith deposit the same with the county treasurer, who shall place the same in the running expense fund of the district. Sec. 21. The district may at any time be dissolved upon the vote of two thirds of the qualified electors thereof, upon an election called by the sanitary board upon the question of dissolution. Such election shall be called and conducted in the same manner as other elections of the district. Upon such dissolution, the property of the district shall vest in any incorporated city or town that may at said time be in occupation of a considerable portion of the territory of the district, and if there be no such incorporated city or town, then the property shall be vested in the board of supervisors of the county until the forma tion of such a city or town; provided, however, that if at the time of such 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 indebtedness; and from the time such district is thus dissolved until such bonded indebtedness, with the inGen. Laws-48 1130 SANITARY DISTRICTS. terest thereon, is fully paid, satisfied, and discharged, the legislative authority of said incorporated city or town. or the board of supervisors, if there be no such incor porated city or town, is hereby constituted ex-officio the sanitary board 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. Sec. 22. The sanitary board shall have power at any time after main sewers, or other sewers are laid, to order and contract for the construction of a sewer in any street or part of a street of the district where a sewer is not already constructed, and to provide by such order that the cost thereof shall be borne by the property fronting along the line of the sewer as ordered. Before ordering any work done, or improvement made, which is authorized by this section, the sanitary board shall pass a resolution of intention so to do and describing the work. The secre tary of the board shall thereupon cause to be conspicuously posted along the line of said contemplated work or im provement, at not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notices shall, in legible characters, state the fact of the passage of the resolution, its date and briefly the work or improvement proposed. and refer to the resolution for further particulars. He shall also cause a notice, similar in substance, to be putlished for a period of five consecutive days in a daily newspaper published and circulated in said district, and designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and desig nated. If there be no newspaper published and circulated in said district, then and in that case said secretary shall post said notices in three public places in said district in addition to said posting along the line of said work or improvement. Any owner of property fronting upon said proposed work or improvement may make a written ob jection to the same within fifteen days from and after the first publication of said notice, or from and after the day of the posting of said notice if the same cannot be pub lished as herein provided, which objection shall be delivered to the secretary of the sanitary board, who skall in The dorse thereon the date of its reception by him. sanitary board shall, at its next meeting after the time for presentation of objections has expired, fix a time for hearing said objections, not less than one week thereafter. The secretary of the sanitary board shall thereupon notify the person or persons making such objection, by depositing a notice thereof in the United States postoffice in said district, or if there be none in said district, then in the one nearest thereto, postage prepaid, addressed to each objector, or his agent, when such objector appears by agent. At the time specified said sanitary board shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive. Upon such decision or at the expiration of the said fifteen days, if no written objection to the work therein described has been made as aforesaid by any owner of the property fronting on said work or improvement, the sanitary board shall be deemed to have acquired jurisdiction to order any work to be done, or improvement to be made, authorized by said resolution and this section. After said sanitary board has acquired jurisdiction to do such work and make such improvement, it may order the work done and improvement made, and provide in such order a time for receiving bids, and likewise authorize the president and secretary of the sanitary board to enter into a contract for the performance of said work and making of said improvement. Such order shall be published for a period of five consecutive days in a daily newspaper published and circulated in said district, and designated by said sanitary board, or by one insertion in a weekly newspaper so published, circulated and designated, and in case there be no such newspaper published and circulated in said district, then and in that event such order shall be posted in at least three public places in said district; and at the opening of said bids the board must award the contract to the lowest responsible bidder, or may reject any and all bids and readvertise for bids and upon the opening of such bids award the contract to the lowest responsible bidder, unless the board is satisfied there is collusion between bidders when it may again reject the bids and again advertise for bids until they are satisfied the bids are fair and not made under collusion or fraud when it must award the contract. And in case such order is made and such con tract is let, then the cost of such work and improvement done under such contract shall become a lien upon and shall be assessed against such blocks, lots and lands fronting upon said work and improvement as would be assessable for said work and improvement under the provisions of that certain act 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 eighteenth, eighteen hundred and eightyfive, and acts amendatory and supplemental thereto, and the manner, method and mode of such assessment and collection of such assessment and foreclosure of such lien shall be made in accordance with the provisions of section six and subsequent of said act and acts supplemental and amendatory to such provisions; provided, however, that the words "city council" used in said act shall be understood to mean "sanitary board"; the words "superintendent of streets" and "city engineer" shall be understood to mean "the engineer of such sanitary district"; the words "city" and "municipality" shall be understood to mean "sanitary district"; the words "clerk" and "city clerk shall be understood to mean "secretary of said sanitary board"; the term "treasurer" or "city treasurer" shall be understood to mean any person or officer who shall have charge of and make payment of the funds of such sanitary district; and further provided, that all the powers and duties conferred by the said provisions of said act and acts amendatory and supplemental thereof upon city councils, superintendent[s] of streets, clerks and city clerks, and treasurers and engineers and city engineers are hereby conferred and imposed upon the respective officers and board above specified. [Amendment approved March 10, 1903. Stats. 1903, p. 121. In effect immediately.] Sec. 23. All acts and parts of acts in conflict with this act, or any portion thereof, are hereby repealed. Sec. 24. This act shall take effect immediately. ACT 3354. TITLE 416. SAN JOAQUIN COUNTY. Authorizing the construction of certain levees by certain parties. [Stats. 1877-8, p. 48.] ACT 3355. Protecting certain lands from overflow. [Stats. 1871-2, ACT 3356. p. 861.] Providing for the appointment of phonographic reporter in. [Stats. 1871-2, p. 551.] Repealed by Code of Civil Procedure, secs. 269-274. (People V. Lon Me, 49 Cal. 353.) ACT 3357. Concerning certain records of. [Stats. 1857, p. 228.] This act validated certain records of that county. ACT 3358. Roads and highways. [Stats. 1875-6, p. 341.] Amended 1877-8, 1034. Repealed 1883, 5, chap. X, sec. 2. ACT 3359. Authorizing road districts in, to levy a special tax. [Stats. 1871-2, p. 627.] Repealed by statute of 1883, p. 5, chap. X, sec. 2. ACT 3360. Regulating salaries and fixing compensation of officers of. [Stats. 1871-2, p. 874.] Repealed 1873-4, 578. ACT 3361. Regulating salaries and fixing compensation of officers of. [Stats. 1873-4, p. 575.] Repealed by County Government Acts, see 1897, 505, sec. 164. ACT 3362. Shorthand reporter, duties of. [Stats. 1875-6, p. 12.] Superseded by Code of Civil Procedure, secs, 268 to 274. ACT 3363. To encourage destruction of squirrels and gophers in, and to provide a bounty for the same. [Stats. 1877-8, p. 773.] Superseded by subd. 26, sec. 25, County Government Act, 1897, 465. ACT 3364. Supervisors of. [Stats. 1873-4, p. 466.] |