The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-01-17

work as can be done by contract, where the ex-
,ense THEREOF shall exceed the sum OF $3oO shan
thereof, and after not ce to bidders TO be pup
Ished In one newspaper publishedl in the city OF
sacramento, one in Stockton and one in San Fr n
CISCO Tor least two weeks prior to the day n1ed
Tor opening bids, provid ed the said bid is air and
reasonable one All bids required by this act shall
be accon panied by such security the audit 3
board may require, conditioned upon the bidder
entering into ntract upon the terms OF MS plo,
On nouce OF the acceptance thereof ana iurni i
IN such sum as the auditing board may require ana
TO their satisfaction that he will faithfully perform
letting are deemed unressonaby nigh, the board
may, IN their discretion, cine to contract, a "a
papers as tney see proper, Tor proposals, and ma
SO continue to renew the advertisement until sat
isfactory contracts. are made; aad in the mean
Iihe cue BOARD may N rdct Tor articles anu sup
Plies Tor Immediate and temporary use, with any
one whose offer Is regarded as Just and equitable.
or may purchase in the open market. NO d shall
be accepted, nor a contract entered into in pur-
suance thereof. when such bid is higher than any
otheT pid at the same citing for the same class OF
Scneuuie or artc. eS, quality considered ana Wnen
contract can be had at such low bid. When
two or more bids for the same article or a. ticIes
are equal In amount, the board may select the one
Mnlcn, al thlngs considered, may ov Inein pe
hohght best for the interest of the State or they
ders as in their judgment may seem
proper and right. the board shall have
power to let a contract in the aggregate
or they may segragate the items and enter into a
CO tract With the bidder bidders who NAV olu
lowest on the several articles. The board shall
have the power to reject the of any person
VIII had prior contract and who had not, In he
opinion OF the board, faithfully complied mere
with. l., however, any sudden emergency snoula
arise, rendering it necessary, in the 5udgme or
the Auditing Board, to prote works already COM
pietei or 10 prevent any work in pro ess OF con-
Structlon from being damaged by storms or no.u
waite s, that i'm medat@ repairs of works should
be DONE the said Commit sioner OF PUBLIC w orRs
shall have power TO perfo IN such WORK, OF MAKE
such repairs, in the manner which to him seems
most advisable.
Sec. 6. 1t will not be necessary to obtain the
sanction OF any other board or officer Tor the uolhP
of any work or the letting of any contract except
as herein spec fled, bat all claims shall be auoiteo
by the state Board OF Examiners as proViueo lor
by law.
Sec. Z. The Auditing Board may condemn the
right OF way nece sary for the purpose OF ooing
the WORK outlined and de cribed in s Id report OF
the ommissioner of Public Works, ana may pui-
CHI Sc or condemn all land and material necessary
TO carry out such plans of drainage, AID may gen
eraily connect with, enlarge or strengthen any
work OF construction and may condemn any lanus
which may be by them deemed necessA TOT the
purposes OF the act and it Is hereby declared tnaI
sucn purposes are public use and that salu AZ
preparation Is Tor the public beneht; pruVueu'
however. that they shall not Interfere with anV e3
istinge rec amation work or cut bitches or drains
without the consent of the board OF trustees there
of on, in or over any Ian S tua ed in any swamp
land, recla nj alton, levee or protection district
Sec. g Whenever the a uditing Board cannot
procure from the owner or owners 'hereo1 Wltnou.
pure base The RICH. of way or ma erlal needed TOT
the construction Of ST, works as are described IN
the said report OF the Commissioner OF Pnonc
connect with any existing works, or procure 'ahos
necessary r the construc ion and completion OF
the said system and plan described in ala report
the said Audit ting Board may, In their own name OF
in the name of the state of CalifOr ia, proceed 10
condemn the same under the PROVISIONS OF title
seven, part three, of the Code of Civil Procedure
and anne dments thereto which are now exis lug
or which may hereafter be made: provided thaI
cities, towns. levee districts swamp land alstflcts
reclamation districts, protection districts, ana all
municipal corporations having levees Teclama-
tion protection works shall have and retain the
exclusive management ana control thereof, suo-
ject 70 the tight 10 connect the work as herein
provided.
Sec 8. Any member of the Auditing Board or
the Commissioner of Public Works or any APP
pointee employe of eth r, VINO shall be inter
ested in any ract for the construction OF any
work provided for by this act shall be guilty OF
felony.
sec 10. Nothing contained in this act shall in
any manner sffe the laws in force in reclaim alton
and levee districts, nor shall any levees be con-
demntd nor purchased under the provisions OF
this act
Sec. IL The Controller is hereby directed to
draw his warrant in favor of said Auditing Board
for the amount appropriated oy this act. and the
Treasurer is hereby directed to pay the same
Sec. IL. All acts and parts OF acts III conflict
with this act are hereby repealed
Sec IL. This act shall take effect Immediately
from and alter its passage.