9. In their discretion, they may provide for the establishment of gates on the public highways, in certain cases, to avoid the necessity of building road fences, and prescribe rules and regulations for closing the same, and penalties for violating said rules; provided, that the expense for the erection and maintenance of such gates shall in all cases be borne by the party or parties for whose immediate benefit the same shall be ordered. 10. For the purpose of sprinkling the roads in any part of the county with oil or water, the board of supervisors may erect and maintain waterworks and oil tanks and reservoirs, and for such purposes may purchase or lease real or personal property. The costs of such waterworks, oil tanks and reservoirs and the sprinkling of said roads with oil or water may be charged to the general county fund, the general road fund, or the district fund of the district or districts benefited.

Whenever it is determined by a four-fifths vote of the board of supervisors of any county that the public convenience and necessity demand the acquisition or construction of a road in excess of three miles in length, the cost of which will be too great to pay out of any of the road funds of the county, the board of supervisors may, by resolution passed by a four-fifths vote of said board, determine to acquire or construct such road, and may therefore, proceed to acquire or construct such road and if the cost of such road, when constructed, shall exceed five thousand dollars, such cost may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited.

And provided, however, that whenever it is determined by a four-fifths vote of the board of supervisors of any county that it will cost less to repair, reconstruct or rebuild any existing main line road in said county, which is in excess of three miles in length and the cost of the repairing, reconstruction or rebuilding of which will exceed five thousand dollars, than it will to acquire or construct a new road between the same points, the said board of supervisors may, by resolution passed by a four-fifths vote of said board, determine to repair, reconstruct or rebuild such road and the cost thereof may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited.

11. Whenever it shall be determined that any grading, graveling, macadamizing, ditching, sprinkling, or other work upon highways is Decessary, and is to be done, and where the estimated cost of such work amounts to three hundred dollars, the board of supervisors must, by proper order, direct the county surveyor to make definite surveys of the proposed work, and to prepare profiles and cross-sections thereof, and to submit the same with the estimate of the amount or amounts of work to be done, and cost thereof, and with specifications thereof. Said report shall be prepared in duplicate, one copy to be filed in the surveyor's office, and the other to be filed with the clerk of the board of supervisors. The board upon receipt of such report must advertise for bids for the performance of the work specified. Such advertisement

for bids must be published for two weeks in two newspapers, one published at the county seat and the other at a point nearest the proposed work.

Such advertisement must be in the following form:

"Office of the Clerk of the Board of Supervisors. County, - 191-.

Sealed bids will be received by the clerk of the board of supervisors of county, at his office, until o'clock - M., 191-,

for, on

in

district, in

county.

Specifications for this work are on file in the office of the said board, to which bidders are hereby referred.

Clerk of the board of supervisors of the county of

And such advertisement must also be posted, for at least two weeks prior to the opening of the bids for the proposed work, in three conspicuous places in the district or districts in which the proposed work lies, and one at the site of the proposed work. Bids must be inclosed in sealed envelope, addressed to the clerk of the board of supervisors, and must be indorsed, "Bids for," and must be delivered to said clerk prior to the hour specified in the advertisement. The board shall publicly open and read such bids as may be submitted, and must award the contract for the work to the lowest bidder; unless it shall appear to the board that the bids are too high, and the work can be done more cheaply by day labor, in which case the bids must be rejected, and the work ordered done by the road commissioner, or commissioners. in whose district or districts the work may be situated. In case the work shall be let by contract, monthly or quarterly payments may be made thereon upon the receipt of a certified estimate by the county surveyor of the amount of work done during the preceding month or quarter, to the extent of seventy-five per cent of the value of said work, the remaining twenty-five per cent being due on the completion of the work. The services of the surveyor in making such partial estimates must be paid for by the contractor. Upon the completion of the work, the county surveyor must examine the same, and if completed in accordance with the specifications thereof, he must submit to the board of supervisors a certificate over his signature and official seal to the effect that such work by the contractor therefor, has been completed in accordance with the specifications therefor, and recommending its acceptance. The board shall thereupon audit the same and direct its payment out of the proper fund or funds.

12. In their discretion, they may set apart on any public road or highway a strip of land (for a side path), and make an order designating the width of such path and cause the lines separating the path from the road to be located and marked by stakes or posts, placed at such distances apart as they shall deem proper. After said paths have been set apart, and the lines separating the same from the road have been located and marked, as aforesaid, the use of the same is hereby re

stricted to pedestrians and riders of bicycles and other vehicles propelled solely by the power of the rider.

Expense of erecting and maintaining such path may be charged to the general county fund, the general road fund, and the district fund of the district or districts benefited. [Amendment approved April 27, 1911; Stats. 1911, p. 1151.]

§ 2643.

Citations. App. 12/430, 431; (subd. 10) 12/431, 432, 433.

Highways in charge of supervisors.

§ 2646. Whenever any of the highways of a county have been constructed or improved under the provisions of an act entitled: "An act providing for the laying out, constructing, straightening, improvement and repair of main public highways in any county, providing for the voting, issuing and selling of county bonds and the acceptance of donations to pay for such work and improvements, providing for a highway commission to have charge of such work and improvements, and authorizing cities and towns to improve the portions of such highways within their corporate limits and to issue and sell bonds therefor," approved March 19, 1907, and all acts amendatory thereof or supplementary thereto, the board of supervisors of said county shall have the charge of the maintenance and repair of said highways and may employ a superintendent or inspector to have charge of the repairing and maintenance of all of said roads under the orders and direction of said board, and may employ such workmen and purchase such materials, equipment, tools and appliances as may be necessary to maintain said roads and keep them in repair, the cost of such maintenance and repair to be paid out of the general fund of the county. Nothing herein contained shall prevent the board from having any such work of repair of [or] maintenance done by contract under the provisions of section 2643, if they deem it advisable. [New section approved March 9, 1911; Stats. 1911, p. 318.]

§ 2647.

Citations. App. 12/433.

§ 2653.

Citations. App. 12/432.

§ 2681.

Citations. Cal. 157/98.

§ 2683.

Citations. App. 13/45.

§ 2689.

Citations. Cal. 157/435.

§ 2690.

Citations. App. 13/46.

§ 2710.

Citations. Cal. 157/100.

Supervisors may pay part of cost of constructing road out of general

fund.

§ 2712. Whenever it appears to the board of supervisors that any road district is or would be unreasonably burdened by the expense of constructing, or by the maintenance and repairs of any road, bridge or tunnel connecting or forming a part of a road, or the purchase of toll roads, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general road fund of the county, or by a vote of the majority of the board of supervisors, said board may, in their discretion, order a portion of the cost of construction and repairs of bridges and tunnels connecting or forming a part of a road, or a portion of the cost of the purchase of toll roads, or cost of material for road construction to be paid out of the county general fund, as well as the general road fund; provided, however, that said board shall not take any money out of the county general fund for cost of material for road construction, except by unanimous vote of the board of supervisors; and provided, further, that the said board may in their discretion, by a four-fifths vote, pay or cause to be paid, out of the county general fund or the general road fund, or both or either, the whole or a portion of the cost required to construct, build, reconstruct, rebuild, or repair any and all bridges or roads in the county, or both, destroyed or damaged by storms, floods or other calamities. [Amendment approved May 1, 1911; Stats. 1911, p. 1464.]

There was also another § 2712 adopted at the same session of the legislature, as follows:

When aid may be given by county.

§ 2712. Whenever it appears to the board of supervisors that any road district is or would be unreasonably burdened by the expense of constructing, or by the maintenance and repairs of any road, bridge or tunnel connecting or forming a part of a road, or the purchase of toll roads, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general road fund of the county, or by vote of the majority of the board of supervisors, said board may, in their discretion, order a portion of the cost of construction and repairs of bridges and tunnels connecting or forming a part of a road, or a portion of the cost of the purchase of toll roads, or cost of material for road construction to be paid out of the county general fund, as well as the general road fund; provided, however, said board shall not take any money out of the county general fund for cost of material

for road construction except by unanimous vote of the board of supervisors. [Amendment approved March 22, 1911; Stats. 1911, p. 429.] Citations. App. 12/433.

Maintenance of bridges of adjoining districts.

§ 2714. If the road overseer of one district, after five days' notice from the overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make the necessary repairs, and must be allowed a pro rata compensation therefor by the board of supervisors out of the road fund of the defaulting district. Bridges crossing the line or lines between cities or towns and road districts, or between cities or towns, may be constructed and maintained by the cities or towns and from the road fund of the road district or by the cities or towns into which such bridges extend. Any such bridge may be constructed by contract let as provided by law by either city or town or by the county into which such bridge extends or wherein such bridge is located, and any such city, town or county may contribute toward the cost and expense of the construction or maintenance of such bridge by the appropriation for such purpose of any funds in the treasury of such city, town or county not otherwise appropriated, upon such terms and conditions as may be prescribed by ordinance or resolution of the governing body of such city, town or county aiding in the construction or maintenance of such bridge; provided, that if the proportion to be paid by any such eity, town or county cannot be otherwise determined, the cost of construction or maintenance of any such bridge shall be borne equally by the city or town and from the road fund of the road district or by the cities or towns into which such bridge extends. The proceeds of any bonds heretofore or hereafter authorized by the voters of any such eity, town or county for the acquisition, construction or completion of any such bridge, or any portion thereof, may be expended or contributed as herein provided. [Amendment approved March 1, 1911; Stats. 1911, p. 94.]

§ 2737.

Citations. App. 10/140.

When one overseer fails to act, who may repair bridge.

§ 2741. [Repealed March 21, 1911; Stats. 1911, p. 428.]

Not applicable to municipal ferry.

§ 2896. The provisions of article I and of article III of this chapter shall not apply to or affect any ferry owned or operated as a municipal ferry by any city and county, or incorporated city or town in this state, over waters situated in whole or in part within the limit of such city and county, incorporated city or town. [New section added April 10, 1911; Stats. 1911, p. 849.]