Bates v. Twist

HARRISON, J.

Action upon a street assessment in San Francisco. Judgment was rendered in favor of the plaintiff, and the defendants have appealed, presenting their appeal upon the judgment-roll with a bill of exceptions.

The board of supervisors passed a resolution of its intention to order “That N Street South, between Fifteenth Avenue South and the southwesterly line of Nineteenth Avenue South, be graded to the official line and grade; that redwood curbs and rock gutters be laid thereon, and that the roadways and sidewalks of said portion of N Street South be macadamized,” and subsequently- passed a resolution ordering the improvements. A contract therefor was awarded to the plaintiff’s assignor, and upon its completion the superintendent issued the assessment upon which the action is brought.

The resolution of intention included street work of various kinds upon many other streets than N Street, and also the improvement of the crossing of N Street and Fifteenth Avenue. Only a portion of the improvements described in the resolution of intention upon the streets other than N Street were' included in the resolution ordering the work, and this resolution included many improvements which were not included in the resolution of intention. Separate contracts were awarded for the different improvements ordered by the board, and the contract awarded to the plaintiff’s assignor did not include any of the work so ordered other than that described in the assessment herein.

The appellants urge in support of their appeal that, as the resolution of intention is the foundation of all the subsequent proceedings, such subsequent proceedings must in all respects correspond with the resolution of intention; that all of the work specified in the resolution of intention is an entirety, and must in all subsequent proceedings be dealt with as such by the board of supervisors; that the resolution ordering the work done, the resolution of award, and the contract must each include all of the work which is described in the resolution of intention; and that an assessment made under a contract for doing a portion of the work embraced therein is unauthorized and creates no lien.

[54]

Section 2 of the Street Improvement Act gives to the city council power to order “the whole or any portion, either in length or width,” of the streets in the city to he improved in the manner therein designated. Under the authority thus conferred, it is within the legislative power of the board of supervisors, after having acquired jurisdiction therefor, to order the improvement of the whole or of any portion of one or more streets, whether connected or remote from each other, at the same time and in the same resolution. The statute does not limit the number of improvements which the board may order at the same time, or require that a separate resolution of intention shall be adopted for each of said improvements. As in the case of any other legislative body, in the absence of any restrictions upon its mode of action, the board may include more than one item of legislation in a single ordinance or resolution. In