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Santa Aha, City Hall, July lOth, 1918, 7;30 p.m. Board met in regular adjourned session. Meeting called to order by the ~. Present, Trustees Tubbs,MoPhee,Oreenleaf,and Maryatt. Absent, President Visel. In Rs President pro rem In Re Report Bristol St.paving proceedings On motion of Trustee Tuhhs,duly seconded by MoPhee,Truetee Mary·at was appointed President pro tem. The report of the special counsel engaged by the committee appointed at last meeting to investigate legal proceedings for paving Bristol St. waa re&d, and on motion of Trustee Tubbs, duly seconded by MoPhee and carried, the report accepted and ordered spread on the minutes. 'Board of Trustees City of Santa Aha, Gentlemen:- I have been requested to ex,mine those certain proceeding~ had by your Board leading up to.and con- cerning certain proposed work Or public improvement on Bristo St. City of Santa A~a. I have made an examination of those proceed. inge and the documents which I deem necessary to consider for the purpose o5 · complete determination of the validity therecf are as follows: Improvement Act 1911, Resolution of Intention No.60~ Ordinance No.6ZO, Resolution of Intention No.591 Plans,specifications and profiles adopted for work under Resolution of Intention ~60~, Resolutioa of Intention No.60~ and Resolution of tion No.591,both oo~taln the express condition that the work be done and the proceedings had hhareunder, shall he done, under and pursuant to an Act of the Legislature of the State of California, designated the Improvement Act of 1911, the Act prescribe& · complete scheme or system for the accomplie] ment of the design included in it, &nd although its pro are to be liberally construed to the end that its provisions may he effective (see Sec.82) nevertheless certain things ar, required to be done which are the foundation of Jurisdiction authorizing the public officers to proceed, and a failure to do those things are fatal to · valid proceeding. The first provision is to be found in Section 2 of Act, which provides that any street or streets or any part thereof may be graded to the official ~a~e. Bec. ~ provi dee that before any work le done or improvement made which authorized by this Act, Thu~ aa you will see that the Act requires that · dul established and existing official grads of the Btreet to be improved when the work is to be done, must exist and · to have a valid established existing official grade is fatal to the validity of the proceeding. A grade of_a portion of Bristol St. wa~ established by Ordinance No. BZO, adopted by the Board of Trustees on the 5th day of March, 191?, which Ordinance I think was valle but thereafter the Board of Trustees of said City endeavore~ pursuant to part ~ of the Improvement Act of 1911, to change, modify and establish the official grade -* emisting under Ordinance No.6ZO. The ResOlUtiOn of Intention No.60~ under which this proceeding is being conducted, u~es ae its baals for gradin~ the grade sought to he established by Resolution of Inten- tion No 591, and not the grade provided for in Ordinance No 6 o. Therefore, if Ordinance No.620 did establish the and Resolution of Intention So.~91 was invalid, the grade has not been changed and the grade used in this proceeding is not the official grade. The proceedings taken under Resolution of Intention 591, seeking to change, modify and establish the grade on the streets and at designated points therein mentioned are invalid for the reason that they wholly fail to contain two Ju~isdictional features required of part 2 Beotion ~ of th Improvement Act of 1911. These two Jurisdictional features are as follows: (quoting from the statute): 'Sec. ~3- let. Such resolution ooo ehall~eeignate and establish the district to be henefittted bytsuoh ohang~ or modification of grade or re-grade and to be assessed the cost of the same.~ ~The Superintendent of Streets shall also cause to