USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1874 > Part 30
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SEC. 23. The Tax Collector shall, on the first Monday in each month, return to the Clerk a list of all collections made under the preceding section, and it shall be the duty of the Clerk to mark the word "paid " on the original or subsequent assessment roll, opposite the name of each party whose taxes are so paid, as soon as the same shall have been delivered to him.
SEC. 24. The Tax Collector upon receiving the assessment roll, or the duplicate thereof, shall proceed to collect the taxes, and shall forthwith give notice, by publication in a newspaper, if there be one published in the city, and if not, by posting three notices in three public and conspicuous places in the city, that the city taxes are due and payable, and the law in regard to their collection will be strictly enforced. The Tax Collector shall be chargeable for all the taxes on the roll assessed.
SEC. 25. Whenever any tax is paid to the Tax Collector, he
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E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
326
OAKLAND DIRECTORY.
shall mark the word " paid," and the date of the payment, oppo- site the name of the person, or the description of the property, liable for such tax, and shall give a receipt therefor, specifying the amount of the assessment, the amount of the tax, and a de- scription of the property assessed; but the Tax Collector shall not receive any taxes on the real estate for any portion less than the least subdivision entered on the assessment roll: provided, always, that an owner of any undivided real estate may pay the proportion of taxes due on his interest therein.
* -X- * x
*
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[Sections 26 to 28, inclusive, are superseded by the following:]
SUPPLEMENTAL II .- An Act regulating the collection of delinquent taxes in the County of Alameda; approved April 4, 1870. And the Amendments thereto; approved January 26, 1872.
The People of the State of California,
represented in Senate and Assembly, do enact as follows:
SECTION 1. On the third Monday of November, in each year, the Tax Collector of the City of Oakland, and of the County of Alameda shall, at the close of their official business for the day, enter upon the tax list or assessment roll for said city and for said county, respectively, the statement that they have made a levy upon all the property assessed in said list or roll, and upon which the taxes have not been paid, for which statement no fees shall be charged; and thereafter he shall charge each and every person an addition of five per centum upon the amount of all taxes to be paid by such person, which five per centum shall be paid into the treasury of said county and of said city, for the use of said county and said city, respectively .- [ Amendment, January 26, 1872.]-It shall be the duty of the Controller of the State to draw his warrants upon the State Treasurer in favor of the Treasurer of Alameda County for all sums of money paid to the said Treasurer of State by said Treasurer of Alameda County, on account of the said five per centum in said amended section mentioned; and the moneys paid on said warrants shall be re- funded to the said County of Alameda and be paid into the Gen- eral Fund of said county; and all claims on said county and city, for any part of said five per centum is hereby released .- [Act of Legislature, January 26, 1872.]
SEC. 2. On the Saturday next preceding the third Monday of December, in each year, the respective Tax Collectors shall have completed a list of all persons and property then owing any taxes, which list shall be called the " Delinquent List," and shall be published as hereinafter provided; and after the said list is completed and published, the respective Tax Collectors shall col- lect, in addition to the taxes and the five per centum added thereto, one dollar on each and every lot, piece, or tract of land, separately assessed, and also on the assessment of personal property of each delinquent tax payer; seventy-five cents of which shall be paid to the city and county, respectively, to repay the cost of printing said list, and the other twenty-five cents shall
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CITY CHARTER.
327
be retained by the respective Tax Collectors in full for all serv- ices in preparing said list.
SEC. 3. Publication of said delinquent list shall be made one time per week, for three successive weeks in some newspaper, or supplement thereto, published in said County of Alameda and City of Oakland, as hereinafter provided, and the form of said publication, and the control and direction thereof, shall be the duty of the Mayor, Clerk and Tax Collector of the City of Oak- land, or of any two of them, and of the Auditor, Clerk and Tax Collector of the County of Alameda, or of any two of them.
SEC. 4. The provisions of the Acts regulating the collection of delinquent taxes of the City and County of San Francisco, when not in conflict with this Act, are hereby applied to the County of Alameda and the City of Oakland; and no fees, costs, or charges, except those named in this Act and in the Acts regu- lating taxation in San Francisco, above referred to, shall be lev- ied or collected upon the delinquent list .- [See Statutes of Cali- fornia, 1862, page 509; 1866, page 520; also Part 3, Chapter VII, Political Code, 1872.]
SEC. 29. It shall be the duties of the City Marshal, the Tax Collector, the Treasurer, the Clerk, and the Assessor, whenever required by the City Council, to make their reports to the said Council, and in the manner required of them, and in their re- ports to embody all the matters and information required per- taining to the duties of their respective offices.
SEC. 30. If the Assessor, or the Clerk, or Treasurer, or Mar- shal, or the Tax Collector, shall willfully neglect, or refuse, to perform any of the duties enjoined on him by the provisions of this charter, or the duties properly imposed upon them by virtue of any ordinance passed by the City Council, he shall be guilty of a misdemeanor in office, and upon conviction thereof, before any Justice of the Peace, he shall be punished by a fine, of not more than five hundred dollars, or by imprisonment, not more than six months, or by both such fine and imprisonment, and his office shall forthwith become vacant.
SEC. 31. The City Clerk shall, within ten days after receiving the delinquent tax list, deliver the same, duly certified by him to be correct, as the same appears by the assessment roll, to the City Attorney. * *
* * *
[Sections 32 to 43, inclusive, providing for the collection of de- linquent taxes, are repealed, and superseded by Act of April 4, 1870. See Supplemental II, page 326 ]
SEC. 44. The City Council may require of the City Attorney, as well as of all the officers of trust, a good and sufficient bond for the faithful discharge of all the duties imposed by law or ordinances; and each and all officers who fail or neglect to per- form all the duties imposed upon them, shall be liable upon their official bond, to the city, or to any party aggrieved.
SEC. 45. The Mayor elected under this charter shall, before
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1
E. W. WOODWARD, 952 Broadway; Houses to Rent.
328
OAKLAND DIRECTORY.
entering upon the duties of his office, execute an official bond, payable to the city, in such sum as the Council may direct, for the faithful discharge of his official duties, which bond shall be subject to the approval of the Council, and be deposited with the Clerk. He shall communicate to the Council, semi-annually or oftener, if necessary, a general statement of the situation and condition of the city, together with such recommendations rela- tive thereto as he may deem expedient; he shall be vigilant and active in causing the ordinances of the city to be executed and enforced, and he shall be the head of the Police, and shall exer- cise a supervison and control over the conduct of all subordinate officers, and receive and examine into all such complaints as may be preferred against any of them, for violation or neglect of duty, and certify the same to the Council. He shall sign all or- dinances and contracts made in behalf of the city, and counter- sign all licences and warrants on the treasury, and have juris- diction of all violations of the city ordinances, and shall have, within the limits of the city, like jurisdiction as is conferred on Justices of the Peace. He shall have power to administer oaths and affirmations, and shall act as City Attorney until the next election, after which he may be appointed City Attorney by the Council.
SEC. 46. The Treasurer shall receive and pay out all moneys belonging to the city, and keep an account of all receipts and expenditures, under such regulations as may be prescribed by ordinance; he shall make a monthly statement to the Council, of the receipts and expenditures of the preceding month, and keep all the papers and documents belonging to the city, attend the meetings of the Council, and keep a journal of their proceed- ings and a record of all their ordinances, and shall do all other things required of him by ordinance.
SEC. 47. The Marshal shall execute, within the city, and re- turn all processes issued and directed to him by the Justice or Mayor, arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the Council, and take them before the Mayor, or any other legal authority within the city; he shall pay over all moneys into the City Treasury, received in pursu- ance of the ordinances of the Council, and shall attend the meetings of the Council; he shall also perform the duties of Street Commissioner, and do and perform such other duties as may be prescribed by ordinance.
SEC. 48. The officers or persons to whom the receipts or expen- diture of the moneys or funds of the city shall be intrusted, shall give security in such amount as the Council may require, payable to the city, and subject to the approval of the Mayor; such bond or bonds shall be subject to the provisions of the law concerning the official bonds of officers. In case such security becomes in- sufficient, additional security may be required, and if not given, the Council, by a vote of two thirds of the members, may declare the office vacant, and order a new election.
SEC. 49. All fines and other moneys received by any officer
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CITY CHIARTER. 320
or person, under this charter, or collected under ordinance of the Council, shall be paid over every month, by such officer or person, unto the City Treasurer, under oath; and no officer shall be entitled to receive compensation for any services rendered, until he file his affidavit with the Mayor, that he has faithfully accounted for and paid over all moneys received by him, and for which he is bound to account.
SEC. 50. The corporation created by this Act shall sccceed to all the legal and equitable rights, claims, and privileges, and shall be subject to all the equal or equitable liabilities and obli- gations, made bona fide, of the Town and City of Oakland. And the City Council shall have full power to maintain suits in proper Courts to recover any right or interest to property which may have accrued to the Town and City of Oakland.
SEC. 51. All sales or leases of property, belonging to the City of Oakland, shall be by public auction, to the highest bid- der, and upon such terms and conditions as the Council may, by ordinance, direct; and all contracts for work, or supplies of any kind, for more than fifty dollars, shall be let to the lowest re- sponsible bidder, after ten days' notice given, by posting the same in three of the most public places in the city, or by publishing the same in any newspaper that may be established in said city or county.
SEC. 52. Licenses shall be discriminating and proportionate to the amount of business.
SEC. 53. The style of the city ordinance shall be as follows: " The Council of the City of Oakland do ordain as follows." All ordinances shall be published by written advertisements posted up at the Mayor's office, and at three other public places in the city, or in a newspaper published in the city.
SEC. 54. No executive officer, nor member of the City Coun- cil, nor any officer of the corporation, shall be directly or indi- rectly interested, nor shall he be security for any person who may be so interested, in any contract, work, or business, or the sale of any thing whatever, the expense, price, or consideration of which is payable from the City Treasury, or by assessment levied under an ordinance of the City Council.
SEC. 55. For all services rendered by the Mayor, he shall not receive any salary for the first year, but he shall be entitled to the same fees and emoluments for his acts as Justice of the Peace as are by law allowed to Justices of the Peace for simi- lar services; and the City Marshal shall be entitled to the same fees as are by law allowed to Constables for similar services, and for all duties required of him except as herein otherwise pro- vided for.
SEC. 56. If any officer under this Act, or member of the City Council, shall remove from the city, or absent himself therefrom for more than thirty days, or shall fail to qualify by taking the oath of office, as prescribed by law, or to file his official bond, whenever such bond is required, within ten days from the time his election is duly ascertained and declared, his office shall
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E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
330
OAKLAND DIRECTORY.
be thereby absolutely vacated, and the City Council shall there- upon fill the vacancy.
SEC. 57. The City Council shall, when they may deem the same necessary, establish by ordinance a general plan or plans of streets, for any and all portions of the city not laid out into streets; and after such plan or plans shall have been so estab- lished, any improvements which may thereafter be made, or erected, or constructed, within the lines of any street contem- plated by said plan or plans, shall not be included in any assess- ment of damages which may be made when the city proceeds to open said streets. Applications for opening any street or streets embraced in any plan heretofore adopted, or to be hereafter adopted, by the City Council, shall be made to the Council by petition in writing, designating the street or any part thereof desired to be opened, which said petition shall be signed by the applicant or applicants, and shall state their places of residence. If the City Council so resolve, it shall direct the City Marshal to give written notice to the owners or the occupants of the land embraced within the lines of said street, or owning or occupying the lands abutting upon the same, which said notice shall briefly state the substance of said petition, and shall require such own- ers or occupants to appear before such Council, at the time which said Council shall designate by resolution, which shall not be less than twenty days from the adoption of such resolution, and not less than ten days after the service of said notice upon said owners or occupants, then and there to state any objections they may have to the opening of said street: provided, however, that whenever the lands embraced within said lines of said streets, or abutting upon the same, are vacant or unoccupied, or the owners or oc- cupants thereof cannot be found within the limits of said city by said Marshal, then, and in that event, it shall be a sufficient serv- ice of said notice upon said owners or said occupants to post the same in a conspicuous place upon said vacant or unoccupied lands, and also at the office of the Mayor of said city, at least ten days prior to the said time fixed for said appearance. At the time appointed for said hearing, the parties notified shall ap- pear and briefly state, in writing, their objections, if any they have, to the opening of said street or streets; and if damages are claimed, shall also therein state the amount thereof; if damages are claimed, the Council shall designate a day to determine the same, which shall not be less than ten days after the time so ap- pointed to hear such parties as aforesaid. Upon such designated day, or such other day to which the hearing of the same shall be continued, the Council shall proceed to hear the allegations of the parties, and such process [proofs] as may be produced in support of or against the same, for which purpose the presiding officer at such meeting of said Council shall have power to ad- minister all the necessary oaths or affirmations; and if the party to whom the same is admistered shall willfully, corruptly, and falsely swear touching the matter in issue before said Council, he shall be deemed guilty of perjury, and upon conviction thereof
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CITY CHARTER.
331
shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years. There- upon, said Council shall separately assess the amount of damages to each person entitled to the same: provided, that if the open- ing of said street or streets shall benefit the lands abutting upon or adjacent to the same, and increase the value thereof, such benefit and increase in value shall be estimated and de- ducted from the damages. If, however, after being notified as aforesaid, said owners or occupants fail to appear and claim damages as aforesaid, the said Council shall only award them nominal damages. Any owner or occupant of land aggrieved by the action of the Council respecting the amount of damages al- lowed them, shall have the right to appeal to the County Court of the County of Alameda, where said question of damages, and none other, shall be heard anew and determined. Said appeal shall be taken by filing a notice with the Clerk of said County Court, and by serving a copy upon the Mayor of said city, with- in five days after said assessment of damages by said Council; and within three days after the filing of such notice said aggrieved party shall cause to be transmitted to the said County Court, a copy of the order or resolution of said Council, assessing said damages, certified to by the Clerk of said Council, for which copy and certificate, said Clerk shall be entitled to receive a fee of two dollars. Upon the filing of said certified copy of said order or resolution in said County Court, together with an undertaking on the part of said appellants, in the sum of one hundred dollars, executed by two good and sufficient sureties, to be approved by the Mayor of said city, which said undertaking shall be condi- tioned to the effect that the said appellants will pay all the costs of the appeal and all costs that may be recovered against him or them in said County Court: provided, he or they recover therein no greater sum as damages than were assessed or allowed by said Council, together with ten per cent. additional thereto-the County Judge shall order a special term of said County Court to be holden upon a day to be designated, not more than ten days after filing said certified copy of said resolution or order, at which said special term, the said issue as to damages should be tried de novo, with or without a jury, as the parties may de- sire; and upon the rendition of judgment therein, a certified copy thereof shall be transmitted by the Clerk of said Court to the Clerk of the City Council, who, upon the order of said Council, shall cause the amount thereof to be paid by the Marshal of said city to the parties entitled to the same. Said judgment shall separately state the amount of damages to which each party is entitled. If the appellants, or either of them, recover no more in said County Court than the amount allowed or assesssd to him by said Council, together with ten per cent. additional there- to, he shall pay the costs of the appeal; but if he or they recover a sum more than ten per cent. beyond the amount so allowed, he shall be entitled to recover of said city the said costs of ap- peal: provided, that if any claimant of damages shall not give
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E. W. WOODWARD, 952 Broadway; Loans negotiated.
332
OAKLAND DIRECTORY.
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notice of appeal in the manner and within the time hereinbefore specified, then he shall be deemed to have assented to said as- sessment of damages by said Council; and provided, further, that if any occupant or owner of such lands shall fail, after being no- tified as aforesaid, to appear and claim damages, he shall be deemed to have waived his right of appeal to said County Court. The provisions of an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and the Acts amendatory thereof and supplementary thereto, shall be applica- able, so far as the same are not inconsistent with this Act. There shall be the same right to an appeal from any such judgment rendered in said County Court as if the action had been origin- ally brought therein. When the amount of damages shall be finally ascertained and determined, the said Council shall order the City Marshal to pay the amount thereof, to the parties enti- tled thereto, and upon such payment, or the tender thereof, the said Marshal shall proceed and open said street. All streets that have been laid out by the authorities of the Town or City of Oak- land, and declared to be public thoroughfares or streets, and that have been used as such, shall be, and are hereby declared public streets, to the extent that the same may have been used: provided, that private rights of property shall not be affected thereby. - [Amendment, April 25, 1863.]
SEC. 58. An Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, and also an Act to amend an Act entitled An Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty- four, approved May fifteenth, eighteen hundred and sixty-one, and also an Act amendatory of and supplementary to an Act en- titled An Act to incorporate the city of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May four- teenth, eighteen hundred and sixty-one, and also all other Acts in conflict with the provisions of this charter, are hereby repealed: provided, that the validity of the ordinances or proceedings of the Trustees of the Town of Oakland, and of the authorities of the City of Oakland, shall in no wise be affected thereby .- [ Amend- ment, April 25, 1863.]
SEC. 59. [Obsolete.]
PUBLIC STREETS.
AN ACT TO AUTHORIZE THE CITY OF OAKLAND TO IMPROVE THE STREETS, LANES, ALLEYS, COURTS, AND PLACES IN THE SAID CITY, APROVED APRIL 4, 1864. WITH THE AMENDMENTS THERETO, APPROVED MARCH 29, 1870.
The People of the State of California, represented in Senate and Assembly, do enact as follows :
SECTION 1. The City Council of the City of Oakland shall have power, upon the payment of just compensation, to lay out and open new streets, lanes, alleys, courts, and places within the corporate limits of said city, but shall have no power to subject
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PUBLIC STREETS.
333
the city, to any expenses therefor, except for the necessary ex- pense of surveying and mapping out the same; and when said streets are so laid out and opened, the provisions of this Act shall be applicable thereto.
SEC. 2. The City Council are hereby authorized and empow- ered to order the whole of any portion of the streets, lanes, alleys, places, or courts of said city graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized, piled or repiled, capped or recapped, or to order sidewalks, sewers, cesspools, manholes, culverts, curbing and crosswalks, to be constructed therein, and to order any other work to be done which shall be necessary to make and complete the whole or any portion of said streets, lanes, alleys, places or courts; and they may order any of the said work to be improved whenever the interest and convenience of the public will be promoted thereby .- [ Amend- ment, March 29, 1870.]
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