Gualco

Gualco v. City of Bakersfield

Good Law
86 Cal. App. 167·260 P. 308
Court of Appeal of CaliforniaOctober 18, 1927Docket Nos. 5923, 5924, 5925, 5926, 5927, 5928, 5929, 5930, 5931.California1,139 words

Opinion

Lead Opinion

Koford, J.

These actions, consolidated into one appeal, are all for the purpose of quieting title against certain street assessement liens arising from public proceedings taken for the paving of certain portions of Twentieth and Twenty-first Streets in the City of Bakersfield. Judgment was for defendants upon demurrers to the complaints.

Appellants advance two main reasons for the invalidity of the assessment liens. First: That in addition to following the procedure of the Improvement Act of 1911, which requires notice for bids to be published for two days only, the public authorities of the city should have gone further and published this notice for five days because of the provisions of section 136 of the charter of the City of Bakersfield. (Stats. 1915, p. 1552.)

Section 136 of the charter provides: “In the erection, improvement and repair of all public buildings and works, and in furnishing any supplies and materials for the same, or for any other use by the city, when the expenditure required for the same exceeds the sum of five hundred dollars, the same shall be let by contract, and shall be let to the lowest responsible bidder, after advertising for sealed proposals for the work…

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