USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1874 > Part 29
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PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
For information concerning, or rates of, Fire Insurance, apply or write to BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
318
OAKLAND DIRECTORY.
or,* as a fee for the investigation of the question of ownership, and for his certificate to that effect, the purchase money arising from such sale or sales ; they shall also have power to affix penalties to the violation of any and all ordinances ; such penalties shall be by fine, not exceeding one hundred dollars, and in case the fine be not paid, then they may direct that the person or persons may be imprisoned, at the rate of one day for every two dollars of the fine imposed, or in lieu of the imprisonment, or any part of it, they may direct that the person or persons so fined shall labor, under the direction of the city authorities, either upon the streets, public grounds, or buildings, or in such other places as may be deemed advisable for the benefit or revenue of said city ; they shall have power to appoint suitable persons to fill vacan- cies in the office of Mayor, Councilmen, or any other elective office, until the next regular charter election, when, if the term be unexpired, anelection shall be held to fill such vacancy for the unexpired term of said officers. They shall also have power to determine the compensation to be paid to the Assessor, Treasurer, and Clerk, Marshal, and all other officers to whom the receipt or expenditures of the moneys or funds of the city shall be intrusted : provided, that the members of the City Council shall receive no salary for their services. The City Council shall have no power
to borrow money, unless they shall, by ordinance, direct the same, in anticipation of the revenue for the coming year, and shall provide in said ordinance for repaying the same out of such rev- enue; nor in such case shall they borrow a sum to exceed ten thousand dollars. They shall have power to provide for all city elections, to designate the place or places of holding the same, giving at least ten days' notice thereof ; to appoint Inspectors and Judges of Election, examine the returns, and declare the result, and to determine contested elections. The Board shall elect a member from their own body to preside at the meetings, and to discharge the duties of Mayor whenever there shall be a va- cancy in the office of Mayor, or the Mayor shall be absent from the city, or be unable, from sickness or other cause, to attend to the duties of his office; and in absence of the Clerk, to appoint one of their members to act as Clerk; they shall have power, when- ever they may deem it necessary to exercise the same, to estab- lish and fix by ordinance, a salary for Mayor, in addition to the fees received by him as Justice of the Peace ;* but such ordi- nance shall not take effect unless ratified by a vote of the citi- zens of said city, at the next succeeding election. They shall also have power, and may set aside any amount of money belonging to the city which may at any time be in the hands of the Treas- urer, after deducting the current expenses of the city, and the interest due upon the funded debts of said city, as a sinking fund, whereby the bonds issued by said city may be redeemed; or they may, at any time before said bonds shall become due, with any surplus money which may belong to the city, after pay-
# Jurisdiction of the Mayor superseded by Act establishing Police Court ; approved March 10, 1866.
First Premium to Guild, Church & Co.'s Pianos at GRAY'S, 625 Clay St., S. F.
Maps copied, Views of Buildings made to order, by HOUSEWORTH, 9 and 12 Montgomery Street, S. F.
ÆTNA INS. CO. has Cash Capital of $3,000,000; Cash Assets over $6,000,000.
CITY CHARTER.
319
ing said expenses and interest, redeem, or purchase for the city, and in its name, in the manner most advantageous to the city, any outstanding bonds, which bonds, or claims, when so purchased, shall be immediately canceled : provided, this right shall not affect the rights of the holders of said bonds, or in any way pre- vent them from holding the same until said bonds become due and payable ; they shall also have the power to determine the width of sidewalks and the material and manner of their con- struction, as well as the grade of the same ; and shall also have the power and right to require and compel the owner, or occu- pant, of any lot or lots, situate upon any street of said city, to erect, construct, and keep in repair, the sidewalks fronting his, or her, lot or lots; and in case the owner, or occupant, of any lot or lots, after due notice, refuse to build, repair, or keep in repair said sidewalks, in accordance with the general regulations, then the Council may cause the same to be built or repaired, and the costs and charges shall be a lien on said lot or lots, and may be enforced by a suit at law ; and said lien shall not be dis- charged until said costs and charges have been paid. They shall also have the power to establish fire districts, and within said districts to prevent the erection of wooden buildings, or any buildings composed of combustible materials ; and also to pre- vent the further repairing of wooden buildings within the fire limits established.
SUPPLEMENTAL I .- An Act supplemental to An Act to Incorporate the City of Oakland; approved March 25, 1854. Approved April 4, 1864.
The People of the State of California,
represented in Senate and Assembly, do enact as follows :
SECTION 1. The Council of the City of Oakland shall have power to prohibit or suppress the erection of slaughter-houses, or the slaughtering of animals within the limits of the city, and also to prohibit or suppress the erection or carrying on of any soap or glue factory, or tan yard, or powder magazine, or other nuisance, within the limits of said city.
SEC. 2. The Council of the City of Oakland shall have author- ity to erect public buildings for municipal purposes upon one of the public squares of said city: provided, the location of such building shall first be indicated by the legal voters of the city, at an election to be called by the City Council, which may be held for that purpose, and in such election the locality receiving a plu- rality of the votes cast, provided it be a public square, shall be the place for the erection of said buildings; and said election shall be held in conformity with the laws regulating elections.
SEC. 3. The Council of the City of Oakland shall have power, by ordinance, to regulate the use of hacks, carriage, drays, carts, and wagons within said city, also to issue licenses for the use thereof, with the power to fix the rates and time of issue thereof, and to prescribe the penalty for the non-compliance with such ordinance or ordinances.
SEC. 4. There shall be elected at the annual charter election
PAGE & JORDAN, Loans negotiated, 462 Tenth St. near Broadway, Oakland.
For Fire Insurance in strong Companies, apply to BABER & ROFF, Agents, Broadway and Tenth, Oakland.
E. W. WOODWARD, 952 Broadway; Bargains in Oakland Property.
320
OAKLAND DIRECTORY.
in said City of Oakland, one Justice of the Peace, who shall hold his office for the term of one year, and until his successor is elected and qualified. Said Justice shall have such powers with- in said city as Justices of the Peace have within the County of Ala- meda, and shall receive the same fees. Said Justice, before enter- ing upon the duties of his office, shall give a bond to the People of the State in the sum of two thousand dollars, with two or more sureties, to be approved by the Mayor of said city.
SEC. 5. They shall also have the exclusive right, in the man- ner described by ordinance, of issuing and granting of licences, and of collecting the tax licenses, for the benefit of the city, up- on the following business and property to wit: Upon each and every person, within the limits of said city, who shall vend any goods, wares, or merchandise, wines, or distilled and fermented liquors, drugs or medicines, jewelry, or wares of precious metals, and persons who keep horses or carriages for rent or hire (except mules, horses, or animals used in the transportation of goods); that is to say, all persons dealing in the aforesaid business in said city, and whose average monthly sales, rents, or receipts are estimated at one thousand dollars, and less than five thousand dollars; and those also whose average monthly sales, rents, or re- ceipts, are one thousand dollars and less than one thousand dollars; also, upon all taverns, innkeepers, and upon all persons who may sell and dispose of any malt, spiritous, or fermented liquors or wines, in less quantities than one quart, and the said licenses shall be issued quarterly or yearly; also, upon every person within the limits of said city who shall keep a stallion, jack, bull, or ram, and who shall permit the same to be used for the purpose of prop- agation, for hire or profit, which license shall be a yearly license; all of which licenses, when granted by said city, and duly obtained by the person or persons desiring the same, shall entitle them to carry on said business, trade, or profession in said city; but this section shall not be so construed as to require those having licen- ses for carrying on said business to obtain one from the city un- til the expiration of the licenses now held by them.
TIME AND METHOD OF LEVYING TAXES.
SEC. 6. The City Council shall, between the first Monday in January and the first Monday of March, in each year, by ordi- nance, levy a tax sufficient to pay the interest on the funded debt of said city, and in addition thereto, any amount they may deem necessary for any and all purposes for which they are authorized to levy a tax, the whole amount of which, not exceeding one and one fourth per cent, on all real and personal property. Such ordinance shall designate the number of cents which shall, on each one hundred dollars of taxable property, real and personal, and improvements, be levied. The City Council shall, prior to the first Monday of March, of each year, furnish, or cause to be prepared, suitable and well-bound books for the use of the As- sessor, in which he shall enter his tax list or assessment roll, as hereinafter set forth.
Old Pianos taken in Exchange at GRAY'S, 625 Clay Street, S. F.,
Improve your sight with HOUSEWORTH'S PEBBLE SPECTACLES, 9 Montgomery Street, S. F.
R. C. GASKILL, Agent of the Etna Ins. Co .; Office, 917 Broadway, Oakland.
CITY CHARTER. 321
SEC. 7. Every tax levied under the provisions or authority of any ordinance passed in pursuance of this Act, is hereby made a lien upon the property assessed, which lien shall attach on the first Monday of March in each year, and shall not be satisfied or re- moved until the taxes are all paid or the property has absolutely vested in a purchaser, under a sale of taxes.
SEC. 8. Every ordinance passed by the City Council shall be presented to the Mayor, for his approval; if he approve, he shall sign it; if not, he shall return it within five days thereafter, or if the City Council be not then in session, at its next meeting, when said City Council shall reconsider said ordinance; and if approved by two-thirds of all the members elected to such Board, it shall take effect and stand as an ordinance of the city.
DUTIES OF THE ASSESSOR.
SEC. 9. It shall be the duty of the Assessor, before entering upon the duties of his office, and within ten days from the time he has received his certificate of election, to qualify, and also to file his official bond, payable to the city, with two or more suffi- cient securities, in such sum as the City Council shall determine, for the faithful discharge of his official duties. If the Assessor shall neglect to assess any property liable to be taxed, or shall fail to perform his duties in the manner, time, and form pre- scribed in this charter, he shall be liable on his official bond, for all the damages and losses the city or any person may sustain by reason of said neglect.
SEC. 10. The Assessor shall have power to administer oaths or affirmations, contemplated by law, in the discharge of his offi- cial duties.
SEC. 11. Between the first Monday in March and the first Monday in August, in each year, he shall ascertain, by diligent inquiry and examination, all property within the corporate limits of said city, real or personal, subject to taxation, and also the . names of all persons, corporations, associations, companies or firms, owning, claiming or having the possession or control there- of ; and he shall determine the cash value of all such property, and shall list and assess the same to the person, firm, corporation, association or company, owning or having the possession, charge, or control thereof : provided, that real property shall be assessed to the person, firm, corporation, association, or company owning, or having possession, charge, or control thereof, and to all own- ers and claimants, known and unknown : and, provided further, that where the owner is unknown to the Assessor, it shall be as- sessed to unknown owners. For the purpose of enabling the Assessor to make such assessment, he shall demand from each person and firm, and from the President, Cashier, Treasurer, or Managing agent of each corporation, association, or company within the city, a statement, under oath or affirmation, of all the real estate and personal property within the city limits, owned or claimed by, or in the possession or control of, such person, firm, or corporation, association, or company. If any person, officer,
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland. 21
Phoenix Insurance Co. (Fire) of Hartford, BABER & ROFF, Agents, Broadway and Tenth, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
322
OAKLAND DIRECTORY.
or agent, shall neglect or refuse, on the demand of the Assessor, to give, under oath or affirmation, the statement required by this section, the Assessor shall make an estimate of the value of the taxable property which such person, officer, or agent neglected or refused to render under oath or affirmation, and the value so fixed by the Assessor shall not be reduced by the Board of Equalization.
SEC. 12. At the same time and in the same manner as the other lists of property herein required are given, each and every person shall deliver, under oath or affirmation, to the Assessor, a similar list of all the real estate, with the improvements thereon if any, and other personal property, which he, and the firm of which he is a member, and the corporation, association, or com- pany, of which he is President, Cashier, Treasurer, Secretary, Trustee, or Managing Agent owns, claims, or has charge, pos- session, or control of, within the limits of the city, which list shall particularly describe each block or plot, or if less than a block, each lot, so that each may be found and known by reference to the official map of said city ; also, all vessels, steamers, and other water crafts ; also, oyster beds, and extent and location thereof ; and shall also specify each and all deposits, and with whom such deposits are made, and the place or places in which the same may be found ; also, all bonds, notes, mortgages, due bills, and other evidences of debt, together with all money and gold dust ; and shall also specify the kind and nature of all other personal property belonging to, or under the control, charge, or in the possession of him or them.
SEC. 13. If any person shall willfully make, or give, under oath or affirmation, a false list of his, her, or their taxable prop- erty, under his or her control, such person shall be deemed guilty of perjury, and upon conviction thereof shall be punished therefor as is by law provided for the punishment of perjury.
SEC. 14. If any person shall give the Assessor a false name, or shall refuse to give his or her name, or shall refuse to give a list of property theretofore provided, or shall refuse to swear or affirm to such list, he or she shall be deemed guilty of a misde- meanor, and shall be arrested upon complaint of the Assessor, and upon conviction before the Mayor or a Justice of the Peace, he or she shall be punished by a fine of not less than ten dol- lars nor more than five hundred dollars, or by imprisonment not less than two days nor more than two months, or by both such fine and imprisonment.
SEC. 15. It shall be the duty of the Assessor to prepare a tax list or assessment roll, alphabetically arranged, in the book fur- nished for that purpose, in which shall be listed or assessed all the real estate, and improvements on real estate and on public lands, and all personal property within the limits of the city. And he shall set down in separate columns:
First-The names of the taxable inhabitants, firms, incorpo- rated companies or associations, in alphabetical order, if known; if unknown, the property shall be assessed to unknown owners ;
Hear the GUILD, CHURCH & CO.'S PIANOS at Gray's, 625 Clay St., S. H.
Have your Photograph taken by HOUSEWORTH, 12 Montgomery Street, opposite Lick House, S. F.
Ætna Insurance Co. of Hartford, R. C. GASKILL, Agent, 917 Broadway.
CITY CHARTER.
323
and if any person shall refuse to make a statement of his prop- erty, under oath, as required, that fact shall be noted under his name.
Second-All real estate and improvements, taxable to each in- habitant, firms, incorporated companies, or associations, described by " plots," blocks," " lots " or fractions of lots, where it can be done; and where it is by plots, give, as near as may be, the number of acres; and if any lands or improvements have not been plotted, then describe the same by metes and bounds, and the number of acres and location : provided, that when two or more parties claim, or give a description of, the same land, it shall be assessed to each party making such claim, or giving such description, according to the estimated value of the claims of each.
Third-The cash value of real estate, and the improvements thereon.
Fourth-The cash value of all the improvements on real estate where the same is assessed to a person other than the owner of said real estate.
Fifth-The cash value of all personal property, except improve- ments on real estate or public lands, taxable to each.
Sixth-The total value of all property taxable to each.
And no further description of personal property than that re- quired by the foregoing provisions of this section shall be needed, or be requisite, to render the assessment binding and effective.
SEC. 16. On or before the first Monday in August, in each year, the Assessor shall complete his list or assessment roll, and shall attach his certificate thereto, and deliver it and the books, and any map he may have accompanying the same, and all the original lists of property given to him, to the Clerk of the city; and the Clerk shall thereupon notify the Board of Equalization and the tax payers of the facts, by posting three notices, speci- fying the time of the meeting of said Board for the purpose of equalizing the taxes. Said roll shall be kept open in his office, for public inspection.
SEC. 17. It shall be lawful for the Assessor, at any time sub- sequent to the first Monday in August, and prior to the last Sat- urday in October, of each year, to assess any property which shall not be on the regular list, and he shall enter such assessment in a separate portion of the tax list or assessment roll, under the head of "Subsequent Assessments," and shall deliver the origi- nal assessment or a true copy thereof, to the Clerk of said city, to be by him compared with the entries on the assessment roll, which subsequent (assessment) shall be certified by the Assessor.
BOARD OF EQUALIZATION. .
SEC. 18. The Mayor of said city, the President of the City Council, the City Marshal, and the Clerk of the city, shall con- stitute a Board of Equalization, and said Clerk shall be Clerk of said Board. The Board shall meet on the second Monday of August, and shall continue in session from time to time until the
PAGE & JORDAN, Ag'ts Hartford Fire Ins. Co., 462 Tenth nr Broadway, Oak'd.
Home Insurance Co. (Fire) of New York, BABER & ROFF, Agents, Broadway and Tenth, Oakland.
E. W. WOODWARD, 952 Broadway, Ag't Royal Ins. Co .; Capital $10,000,000.
324
OAKLAND DIRECTORY.
HOUSEWORTH'S SALES ROOM, 9 Montgomery Street, S. F.
business of equalization presented to them is disposed of: pro- vided, however, they shall not sit after the first Monday in Sep- tember, except as hereinafter provided. The Board of Equaliza- tion shall have power to determine all complaints made in re- gard to the assessed value of any property, and may change and correct any valuation, either by adding thereto, or deducting therefrom, if they deem the sum fixed in the assessment roll too small or too great, whether said sum was fixed by the owner or the Assessor; except, that in cases where the person complaining of the assessment has refused to give the Assessor his list, under oath, as required under this Act, no reduction shall be made by the Board of Equalization in the assessment made by the Assessor; and if the Board of Equalization shall find it necessary to add to the assessed valuation of property on the assessment roll, they shall direct the Clerk to make a list of the names of all persons whose assessments have been so added to, and opposite the name of each person on said list they shall state the amount so added on the assessment roll, a copy of which list, certified to by said Clerk, shall be posted at some public or conspicuous place in said city, which list shall be posted prior to the first Monday in September; and it shall also contain a notice that the Board of Equalization will again meet, on the second Monday of Septem- ber, to hear and determine any and all complaints in relation to said increased assessment. And the Board shall meet on the second Monday of September for said purpose, and may, if nec- essary, continue in session, from time to time, during said week; but no person shall be entitled to be heard in the matter, unless he shall make affidavit that he did not appear before said Board in August, or if he did so appear, that he had no knowledge of such increased assessment or valuation while said Board were in session in September; and any and all changes which said Board shall then make, shall at once be entered on the assessment roll or list, and the same shall also be noted on the original increased assessment list.
SEC. 19. During the session of the Board of Equalization, the Clerk shall enter upon the assessment roll all the changes and corrections made by the Board, and he shall also add up the col- umns of valuation of each description of property on the roll; and on or before the third Monday in September, as to the original assessment roll, and on or before the second Monday in November as to the subsequent assessment roll, he shall deliver a corrected roll, duly certified by him, or certified copy thereof, to the Tax Collector.
SEC. 20. Upon the first Monday in November, the Board of Equalization shall again meet, to equalize the subsequent as- sessment made by the Assessor, and to hear complaints, as pro- vided in the foregoing sections. A quorum of said Board shall consist of three of any of the persons composing said Board, and a quorum of said Board shall be sufficient to constitute the Board of Equalization, and for the transaction of business; and, should the Clerk be absent at any of the meetings of said Board, said
Best Piano Tuners at GRAY'S, 625 Clay Street, S. F.
Great Fires prove the Strength of the ÆTNA INSURANCE COMPANY.
CITY CHARTER. 325
Board may appoint one of their number to perform his duties herein described during his absence.
DUTIES OF TAX COLLECTOR.
SEC. 21 The City Marshal, who shall be ex officio Tax Collector, before entering upon the duties of his office, shall execute to the City of Oakland an official bond, with two or more sufficient sureties, in such sum as the City Council may direct, and to be approved by the Mayor, conditioned for the faithful performance of all the duties of City Marshal and all the duties of Tax Col- lector, as required by law, or as may be required by virtue of any ordinance of the city, and shall take the oath of office, which shall be indorsed upon his certificate of election or appointment.
SEC. 22. The Tax Collector is hereby authorized and empow- ered, and it shall be his duty, upon the entry of any assessment of movable property, to any firm, person, corporation, associa- tion, or company, who does not own real estate within the city, to demand forthwith the payment of the taxes; and if any such person, firm, corporation, association or company, shall neglect or refuse to pay such taxes, the Tax Collector shall seize sufficient of the personal property of the party so neglecting or refusing to pay, to satisfy the taxes and costs, and shall post a notice of such seizure with a description of the property, and the time and place where it will be sold, in three public places in the city, and shall, at the expiration of five days, proceed to sell, at public auction, at the time and place mentioned, to the highest bidder for cash, a sufficient quantity of said property to pay the taxes and expenses incurred; and for this service the Tax Collector shall be allowed from the delinquent party a fee of three dollars, and the same mileage that a Sheriff would be entitled to receive for traveling to the place to make a levy; and upon payment of the purchase money, he shall deliver to the purchaser the property sold, to- gether with a certificate of sale, and the amount of taxes or as- sessments and expenses thereon, for which the property was sold, whereupon the title to the property so sold shall vest absolutely in the purchaser.
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