Powers

The plaintiffs sued to' enjoin the sale of certain lots to satisfy an assessment for street work under the Improvement Act of 1911 [Stats. 1911, p. 730] and for the cancellation of bonds based thereon issued under the Improvement Bond Act of 1915 [Stats. 1915, p. 1464]. The defendants’ demurrer to the complaint was sustained and judgment was thereupon rendered in favor of defendants.

The only point involved is whether" the resolution of intention to make the street improvement was sufficient to confer jurisdiction to order the work done. The attack is upon that part of the resolution which, after describing the proposed work, continues as follows: “excepting from said work and improvement any part thereof already done to official line and grade and satisfactory to the Superintendent of Streets of said City of Vallejo.” It is argued that, by reason of the italicized part of the exception quoted, the resolution “does not describe with certainty the work to be done thereunder” and delegates to the street superintendent the determination of “the extent of the work to be done.” The statute provides, in section 3, that “the city council may include in one proceeding, under one…