selected is abandoned, such selected lands revert, and the title thereto is reinvested in the state or its grantees free from all such uses.

Plat of lands to be furnished certain officers.

§3. When any selection of the right of way or land for such waterworks or adjuncts thereto is made by any municipal corporation, the legislative authority thereof must transmit to the surveyor general, controller of state and recorder of the county, in which the selected lands are situated, a plat of the lands so selected, giving the extent thereof and the uses for which the same is claimed or desired, duly verified to be correct, and if approved, the surveyor general must so indorse the plat and issue to the corporation a permit to use such right of way and lands, unless on petition properly presented to a court of competent jurisdiction, a review is had and such use prohibited.

§ 4. This act shall take effect immediately.

ACT 2389.

An act authorizing municipal corporations to permit other municipal corporations to construct and maintain sewers, water-mains, and other conduits therein, also to construct and maintain sewers, water mains, and other conduits for their joint benefit, and at their joint expense, and to make and enter into contracts for said purposes. [Approved March 22, 1909. Stats. 1909, p. 677.]

§ 1. That any municipal corporation, under such terms and conditions as may be prescribed by the city council, or other legislative body thereof, is hereby authorized and empowered to permit any other municipal corporation to construct and maintain sewers, water mains or other conduits in, across, or along the streets and other public places of such municipal corporation, and to use the same for such purposes, under the provisions of this act, and not otherwise.

§ 2. Whenever the city council, or other legislative body of any municipal corporation, shall find, and by resolution shall declare, that the location of such municipal corporation, or any portion of the territory included therein, is such that the same cannot be adequately or conveniently provided with sewers, water mains or other conduits, without the construction and maintenance by such municipal corporations, of certain sewers, water mains, or other conduits connecting therewith, in, across, or along certain streets, or other public places of any other municipal corporation, or corporations, such city council, or other legislative body, may cause a copy of such resolution to be submitted to the council, or other legislative body of such other municipal corporation or corporations in which such streets or other public places are situated. Said resolution shall contain a description of the sewers, water mains, or other conduits proposed to be constructed and maintained in such other municipal corporation or corporations, and shall designate the streets, or other public places thereof, in, across or along which such sewers,

water mains, or other conduits are so proposed to be constructed and maintained. Said resolution shall be accompanied by a request in writing, that the municipal corporation on behalf of which the same is made, signed by the clerk thereof, be granted permission to construct and maintain the sewers, water mains or other conduits described in said resolution. The city council, or other legislative body of any municipal corporation receiving such request and a copy of such resolution may by ordinance grant such permission at its discretion, and under such terms and conditions as it shall therein prescribe. If the permission granted under the provisions of this section shall be for the construction and maintenance of sewers, the city council, or other legislative body of any municipal corporation granting the same may, as a condition to the exercise of such permission, require that said municipal corporation shall have the right to connect its sewers with the sewers to be constructed under such permission, and to use the same in connection with its sewer system, upon the payment by it of such proportionate part of the cost of construction and maintenance of such sewers to the municipal corporation by which the same shall be constructed, as may be determined by resolutions of the city councils, or other legislative bodies, of both municipal corporations; such payment to be so made at such times and in such amounts as may be so determined.

§ 3. All contracts for the construction or completion of any sewers, water mains or other conduits, or for furnishing labor or materials therefor, to be constructed by any municipal corporation in, across or along the streets of any other municipal corporation or corporations, as herein provided, shall be let to the lowest responsible bidder. The city council or other legislative body of the municipal corporation so constructing such sewers, water mains or other conduits, under permission granted as in this act provided, shall advertise for at least ten days in one or more newspapers published in such municipal corporation, inviting sealed proposals for furnishing the labor and materials for the proposed work before any contract shall be made therefor. The said city council, or other legislative body, shall require such bonds as it may deem best from the successful bidder to insure the faithful performance of the contract work, and shall also have the right to reject any and all bids; provided, however, that nothing herein contained shall be construed as prohibiting such municipal corporation itself from constructing or completing such works, and employing the labor necessary therefor, without such advertisement for proposals or letting of a contract; and provided, further, that in any municipal corporation operating under a freeholders' charter, heretofore or hereafter framed under section 8 of Article XI of the constitution, and providing for a board of public works, all the matters and things required in this section to be done and performed by the city council, or other legislative body of such municipal corporation, shall be done and performed by the board of public works thereof; and provided, further, that in case such charter or general law under which such municipal corporation is operating or existing, prescribes the manner of letting and entering into contracts for the

furnishing of labor, materials or supplies, for the construction or completion of public works or improvements, the contracts for such sewers, water mains, or other conduits shall be let and entered into in conformity with such charter or general law.

§ 4. Whenever the councils, or other legislative bodies of two or more municipal corporations shall find, and by resolutions adopted by them shall declare, that it will be for the interest or advantage of such municipal corporations so to do, such municipal corporations, by their respective city councils, or other legislative bodies, may enter into a joint agreement authorizing the construction and maintenance of sewers, water mains, or other conduits situated in the streets or other public places of either or any of such municipal corporations, or in part outside of the limits thereof, at the joint cost and expense of, and for the joint use and benefit of such municipal corporations, upon such terms and conditions, and under such regulations, as may be approved by the city councils or other legislative bodies of all such municipal corporations; and the city council or other legislative body of each such municipal corporation may bind and obligate such municipal corporation to pay such proportionate part of the cost of the construction and maintenance of such sewers, water mains, or other conduits at such times and in such installments as may be so approved. All contracts for the construction of sewers, water mains or other conduits, under the provisions of this section shall be made and entered into by the one of suen municipal corporation designated by the city councils or other legislative bodies of all such municipal corporations, and in the manner provided in section 3 of this act. Two or more municipal corporations may also, by their city councils, or other legislative bodies, enter into an agreement or agreements with each other for the joint use by such municipal corporations of any sewers, water mains, or other conduits theretofore, in whole or in part, constructed in the streets or other public places of either or any such municipal corporations, upon such terms and conditions as they may, by mutual agreement made by their respective city councils, or other legislative bodies, determine to be proper.

§ 5. This act shall take effect immediately.

ACT 2390.

TITLE 334.

MUNICIPAL WATER DISTRICTS.

An act to provide for the incorporation, organization and management of municipal water districts.

[Approved April 26, 1909. Stats. 1909, p. 1097.]

Municipal water district.

§ 1. A municipal water district may be organized, and incorporated and managed as herein provided and may exercise the powers herein expressly granted or necessarily implied.

Ordinance, what must recite.

§2. When any municipality in the state of California desires to organize such a municipal water district, as herein provided for, the legislative body of any municipal corporation, at any regular meeting of such body, may pass an ordinance reciting:

1. The name of the city adopting the ordinance;

2. That the public interest requires the incorporation of a municipal water district;

3. The names of the municipalities which it is desired to include within the district;

4. The name of the district which shall include the words "municipal water district."

Copy to other municipalities.

§3. Within ten days after such ordinance becomes a law the clerk of the said legislative body adopting the same shall transmit by registered mail a certified copy thereof to the legislative body, or bodies, of the other municipalities named therein, addressed to the clerk thereof. Approval by other municipalities.

§ 4. Within forty days after the receipt of such certified copy of such ordinance by any municipality named therein the legislative body thereof shall by ordinance either approve or disapprove the said ordinance without alteration or amendment; a failure on the part of any municipality to act as herein provided shall be deemed a refusal to approve of such ordinance.

Copy to initiating municipality.

§ 5. After the passage of said ordinance required to be passed by section 4 hereof the clerk of the municipality acting thereon shall forthwith forward a certified copy of such ordinance to the municipality initiating the proceedings.

Fixing time for election.

§ 6. Within thirty days after the receipt of all the ordinances passed by the municipalities named in the initiatory ordinance, if it shall appear that said initiatory ordinance has been approved by all of the municipalities named therein, the legislative body of the municipality initiating the proceeding shall fix a day for holding a special election in each of the municipalities that have approved of said ordinance at which shall be submitted to the electors thereof the proposition of organizing such municipal water district, and shall also provide for holding a similar election within its own municipality; in case the initiatory ordinance has not been approved by all of the municipalities named therein no further proceedings shall be had, but new proceedings may be taken as provided in section 2.

Conduct of election. Ballots. Returns.

§7. The date fixed for such special election shall be certified to all of the municipalities which may have adopted the ordinance herein pro

vided for and the legislative body, or bodies, of such municipalities which shall have approved said ordinance shall call and provide for the holding of a special election in their respective municipalities on the day so fixed, and such election shall be held and conducted in manner and form as required by law for the holding of special elections within such municipalities, and the cost in each municipality of holding such election shall be paid by the municipality within which it is held. The ballots used at such election shall contain the words: "Proposition to organize a municipal water district (stating the name)," and the words "Yes" and "No," so placed that a voter may indicate his wish in this connection as either in favor of, or against said proposition; such ballots shall be counted and returns thereof made by the boards selected to conduct such election in time, form and manner as required by law for the holding of special elections within municipalities and shall be canvassed and the result thereof declared and determined by the board or officers charged with such duties within the municipality holding the election.

Certificate of result.

§ 8. Within ten days after the canvass of the votes cast at such election, the board or officers canvassing the same shall certify the result thereof to the legislative body of the municipality initiating the proceedings.

Certificate to secretary of state.

§ 9. Within thirty days after the receipt of the certificates showing the result of the election held in the several municipalities, if it appears therefrom that the proposition submitted has been approved by a majority of the votes cast on said proposition in each municipality wherein such election is held, the legislative body of the municipality receiving such certificates shall certify to the secretary of state the passage of the ordinance provided for in section 2, its subsequent approval by the several municipalities approving the same in manner aforesaid and the result of the elections held as herein provided.

Certificate by secretary of state.

§ 10. Upon the receipt of the certificate mentioned in the foregoing section, the secretary of state shall, within ten days, issue his certificate reciting that the municipal water district (naming it) has been duly incorporated according to the laws of the state of California and that such district is composed of the municipalities of (naming all the municipalities which have approved at the election such organization). A copy of such certificate shall be transmitted to each of the municipalities comprising such district. From and after the date of such certificate the district named therein shall be deemed incorporated as a municipal water district with all the rights, privileges and powers set forth in this act and necessarily incident thereto.

Informality of proceedings.

§11. No informality in any proceeding or informality in the conduct of any election, not substantially affecting adversely the legal rights of