Rier

The resolution of intention was the letter of authority in the premises, and the City Council had no power to restrict nor enlarge the same. ( Whitmore v. City of Stockton, 40 Cal. 554 ; Dougherty v. Hitchcock, 35 Cal. 512 .)

*273 The terms “ improve,” “ improved,” and “ improvement,” have well defined statutory meaning. (Statutes 1863-4, p. 342, sec. 24.)

We submit that the work called for in the specifications amounts to a reconstruction or remacadamization, and not improvement by additional macadamizing, and is an enlargement of the resolution.

The City of Oakland, and not the property owners on Broadway, is bound for the improvement of that portion of said street lying between Fourth and Tenth Streets.

Said portion was macadamized in 1864-5, and accepted by the City Council.

“ When any street or portion thereof has been or shall hereafter be constructed to the satisfaction of the City Council and Marshal of said city, under such regulations as said Council shall adopt, the same shall be accepted by said Council, and thereafter shall be kept open and improved by the said city, and the expense thereafter to be paid out of the Street Department Fund.” (Statutes 1863-4, p.…