City of South San Francisco v. Santa Clara Valley Land Co.

RICHARDS, J.

This action was brought by the plaintiff for the foreclosure of certain street assessment liens upon the properties of the defendant, Santa Clara Valley Land Company, situate within the corporate limits of the city of South San Francisco. The complaint alleges the corporate character of the parties to the action; alleges the due adoption on May 1, 1916-, by the board of trustees of said city of a resolution of intention to order certain improvement work to. be done upon and along the streets of said city, describing in detail said work; alleges that on May 29, 1916, the said board of trustees by resolution duly made and adopted ordered said work to be done; alleges that in said resolution of intention, in the notices of passage thereof, in the resolution ordering said work, in the notice inviting sealed bids for the performance of said work, in the resolution awarding the contract -therefor, in the notice of the award of said contract,

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in the warrant issued to the contractors, and in the notice of filing of the list of unpaid assessments, there was inserted the notice required by the Improvement Act of 1915 (Stats. 1915, p. 1464) with relation to serial bonds. The complaint further specifically alleges the award of the contract to the contractors and the full performance by them of the same, the filing of the diagram of the property affected, the approval of said diagram by the board of trustees and the record thereof; the making of the assessment by the superintendent of streets and the due recordation thereof, and the issuance of the warrant to the contractors; the making and levying of the assessments and the due demand for their payment; the return of the warrants showing such demand duly verified; the filing of the list of unpaid assessments and the due posting and publication of the notice of such filing; the resolution of the board of trustees determining the amounts unpaid upon said assessments and ordering the issuance of the serial bonds therefor; the resolution awarding and issuing said serial bonds to those entitled to the same; the fact that on January 5, 1920, a certain installment of said assessments became due and payable and were unpaid, with the interest and penalties thereon; the due adoption of the resolution and the foreclosure of the liens of said assessments upon the properties of said defendant affected thereby; the prayer for the foreclosure of said liens.