USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1874 > Part 32
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Best Piano Tuners at GRAY'S, 625 Clay Street, S. F ..
Great Fires prove the Strength of the ÆTNA INSURANCE COMPANY.
PUBLIC STREETS.
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make said improvements, at the expense of the owner, tenant, or occupant, at a reasonable price, to be determined by said Marshal, and such owner, tenant, or occupant shall be liable to pay the same. After the certificate referred to in section fourteen shall have been recorded, the sum contracted to be paid shall be a lien, the same as provided in section nine of this Act, and may be enforced in the same manner.
SEC. 14. If the expenses of the work and material for such improvements, after the completion thereof, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor or his assigns shall have the right to sue the owner, tenant, or occupant, under the provisions of this Act, for the amount contracted to be paid; and the certificate of the Mar- shal that the work has been properly done, and that the charges for the same are reasonable and just, shall be prima facie evi- dence of the amount claimed for said work and materials, and of the right of the contractor torecover for the same in such action.
SEC. 15. In addition, and as cumulative to the remedies above given, the City Council shall have power, by resolution or ordi- nance, to prescribe the penalties that shall be incurred by any owner or person liable or neglecting or refusing to make improve- ments when required, as provided in section thirteen of this Act, which fines and penalties shall be recovered for the use of the city by prosecution in the name of The People of the State of California, in the court having jurisdiction thereof, may be ap- plied, if deemed expedient by the said Council, in payment of the expenses of any such improvements, when not otherwise pro- vided for.
SEC. 16. The person owning the fee, or the person in possession of lands, lots, or portions of lots, or buildings under claim, or exercising acts of ownership over the same, shall be regarded, treated, and deemed to be the " owner," (for the purpose of this law) according to the intent and meaning of that word as used in this Act. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner, and the person so defined to be the owner shall be personally liable for the pay- ment of any charge or assessment lawfully made or assessed upon said lands, lots, or portions of lots, by said Marshal, or con- tracted to be paid to the contractor, for improvements to cover the expense of any work done under and authorized by the pro- visions of this Act.
SEC. 17. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this Act, or he may pay the price agreed on to be paid under the provision of section thirteen of this Act, either before or after suit brought, together with costs, to the contractor or his assigns, or he may redeem the property if sold on execution or degree, for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him,
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
North British & Mercantile Insurance Co. (British) BABER & ROFF, Agents, Broadway and Tenth, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
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and for any sum so paid beyond the rents due from him, he shall have a lien upon and may retain possession of the said lands and lots until the amount so paid and advanced be satisfied, with legal interest, from accruing rents or by payment by the owner.
SEC. 18. The records kept by the Marshal of said city in con- formity with the provisions of this Act, and signed by him, shall have the same force and effect as other public records, and copies therefrom, duly certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge.
SEC. 19. Notices in writing which are required to be given by the Marshal under the provisions of this Act may be served by any Constable, with the permission of the Marshal and the fact of such service shall be verified by the oath of the person making it, taken before the Marshal, (who, for that purpose, is hereby authorized to administer oaths) Mayor, or any Judge or Justice of the Peace, or such notices, whether verbal or written, may be delivered by the Marshal himself. The Marshal shall keep a record of the fact of giving such notices, when delivered by him- self personally, and also, of the notices and proof of service, when delivered by any other person.
SEC. 20. When any street or portion of a street has been or shall hereafter be constructed to the satisfaction of the City Coun- cil and Marshal of said city, under such regulations as said Coun- cil 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 thereof to be paid out of the Street Department Fund: provided, that the City Council shall not accept of any portion of a street less than the full width thereof and one block in length, or one entire crossing. The Marshal shall keep in his office a register of all accepted streets, the same to be indexed so that reference may be easily had thereto.
SEC. 21. The said Marshal shall keep a public office in some convenient place to be designated by the City Council, and such records as may be required by the provisions of this Act. He shall superintend and direct the cleaning of all the sewers in the public streets, and the expense of the same shall be paid out of the Street Department Fund.
SEC. 22. It shall be the duty of said Marshal to see that the laws, orders, and regulations, relating to the public streets and highways be fully carried into execution, and that the penalties therefor are rigidly enforced. It is required that he shall keep himself informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots, and ground of the said city, as may be prescribed by the City Council; and should said Marshal fail to see the laws, orders, and regulations relative to the public streets and highways carried into execution, after notice from any citizen of a violation thereof, the said Mar- shal and his sureties shall be liable upon his official bond to any
First Premium to Guild, Church & Co.'s Pianos at GRAY'S, 625 Clay St., S. F
HOUSEWORTH'S PEBBLE SPECTACLES, 9 Montgomery Street, under Lick House, S. F.
The ÆTNA is at the head of Fire Insurance Companies in America.
PUBLIC STREETS.
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person injured in his person or property in consequence of said official neglect.
SEC. 23. If in consequence of any graded street or public highway improved under the provisions of this Act being out of repair, and in condition to endanger persons, or horses or other animals, passing therein, any person while carefully using said street or public highway, and exercising ordinary care to avoid the danger, suffer damage to his person, or if any horses, animals, or other property, being lawfully ridden, driven, or conveyed through such street or public highway, be injured, lost, or de- stroyed, through any such defect therein, no recourse for damages thus suffered shall be had against the said City of Oakland; but if such defect in the street or public highway have existed for the period of twenty-four hours or more after notice to the said Mar- shal, then the person or persons on whom the law may have im- posed the obligation to repair such defect in the street or public highway, and also the officer of officers through whose official negligence such defect remained unrepaired, shall be jointly and severally liable to the party injured for the damage sustained.
SEC. 24. The City Engineer shall be:
First-The proper officer to do the surveying and other work necessary to be done under sections one and two of this Act, and to survey, measure and estimate the work done under contracts for grading streets, and every certificate of work done by him, signed in his official character, shall be prima facie evidence in all the courts of this State of the truth of its contents ; he shall also keep a record of all surveys made under the provision of section one of this Act, as in other cases. The Marshal shall measure and determine any other work which may be done under the provisions of this Act.
Second-The words " improve," " improved," and "improve- ments," as used in this Act, shall include all necessary repairs of work all mentioned in section three of this Act, and also the re- construction of all or any portion of said work.
Third-The term " main street," as used in this Act, means such street or streets as bound a block; the term "street " shall in- clude crossings.
Fourth-The word " block" shall mean the blocks which are known and designated as such on the map and books of the As- sessor of said city.
Fifth-The term " incidental expense " shall mean the expense for work done by the City Engineer under the provisions of this Act; also, the expense of printing, advertising, and measuring the work done under contracts for grading, and the expense of superintendence of sewers, and of piling and capping.
Sixth-The publication of notices required by the provisions of this Act shall be published daily, (Sundays excepted,) in a news- paper to be designated by the City Council of said city.
SEC. 25. The Marshal shall appoint a person or persons suit- able to take charge of and superintend the construction and im- provement of each and every sewer, and of piling and capping,
PAGE & JORDAN, Houses rented, 462 Tenth Street near Broadway, Oakland.
Fire Insurance on Dwellings and Personal Property made a Specialty ; BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway; Houses to Rent.
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whose duty it shall be to see that the contract made for the do- ing of said work is strictly fulfilled in every respect; and in case of any departure therefrom, to report the same to the Marshal. He shall be allowed for his time actually employed in the dis- charge of his duties such compensation as shall be just, but not to exceed five dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be " incidental ex- penses," within the meaning of these words as defined in this Act; provided, that the owners of more than one half in frontage of the lots and lands fronting on the work proposed to be done under this section may, within forty -eight hours after the work has been commenced, appoint their own superintendent of the work, and provide for his compensation by private agree- ment.
SEC. 26. After a street shall have been paved, planked, or macadamized by authority of this Act, the City Council shall have power to levy a tax from time to time, as occasion may re- quire, upon the property fronting upon said street, sufficient to keep the same in repair. Said tax shall be levied and collected at the time and in the manner prescribed for the levy and col- lection of city taxes, and the amount thus collected shall be set apart as a Street Department Fund, and appropriated to the re- pair of said streets, and shall not be used for any other pur- pose.
SEC. 27. The City Council of said city shall have power to issue and collect an annual tax license on draymen, cabmen, om- nibus proprietors, expressmen, and other common carriers doing business in the city of Oakland, the proceeds of said licenses to be devoted to a Street Department Fund for keeping in repair the streets in said city. Said annual license not to be more than twelve dollars nor be less than eight dollars, for such persons so licensed.
SEC. 28. The City Council of the City of Oakland shall have full power and authority to grade or regrade, pave or repave, plank or replank, macadamize, pile, or repile, cap or recap, or other- wise improve Broadway Street in such manner and upon such terms as they may deem proper. To authorize such improve- ments of said street it shall not be necessary that any petition or petitions shall be presented to said Council, nor shall such im- provements be stayed or prevented by any written or other re- monstrance or objection, unless such Council deem proper .*
SEC. 29. This Act shall take effect and be in force from and after its passage.
* The Act of the Legislature approved December 29th, 1871, amends the road law of Alameda County, and provides new regulations for levying and collecting road taxes, but the City of Oakland is wholly excluded from the operation of the Act, so that here- after the Supervisors cannot levy any road tax in Oakland at all. An application was made for a peremptory writ of mandate to compel the County Treasurer to pay to the Treas- urer of the City of Oakland $11,015.44, the amount due Oakland from the taxes for the fiscal year 1871-2. Judge McKee, of the Third District Court, decided that it was the duty of the County Treasurer to pay the money to the City, but he dismissed the appli- cation because no showing, based upon legal evidence, was made in behalf of the City to prove the amount due.
Old Pianos taken in Exchange at GRAY'S, 625 Clay Street, S. F.
HOUSEWORTH'S PHOTOGRAPHIC PARLORS, 12 Montgomery Street, opposite Lick House, S. F.
Ætna Ins. Co. was established in 1819; R. C. GASKILL, Agent, Oakland.
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AN ACT TO AUTHORIZE TIIE COUNCIL OF THE CITY OF OAKLAND TO LAY OUT, OPEN, OR IMPROVE STREETS IN SAID CITY, APPROVED JANU- ARY 31, 1870. WITHI TIIE AMENDMENT THERETO, APPROVED JANU- ARY 16, 1872.
The People of the State of California,
represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever a petition shall be presented to the Council of the City of Oakland, signed by at least three residents and freeholders of said city, each of whom shall be directly inter- ested in the property to be affected thereby, asking for the laying out, opening, extending, straightening, or widening any street or highway in said city, it shall be the duty of the said Council to examine into said matter, and if, in the opinion of a majority of all the members elected to said Council, to be expressed by a resolution to be entered upon their minutes with the names of the members voting therefor, the benefits to arise from granting said petition, in whole or in part, will exceed the damages and expen- ses to be caused thereby, and the convenience of the public will thereby be promoted, they may by resolution direct the City En- gineer to survey and make a map of the said proposed improve- ment and of the premises to be affected thereby, a copy of which resolution shall forthwith be transmitted by the Clerk of said Council to said City Engineer.
SEC. 2. It shall be the duty of the City Engineer, upon receiv- ing such notice, to proceed and survey said proposed improve- ment, to make a map thereof, showing the location, boundaries, the amount of land necessary to be taken, and the names of the owners or possessors thereof, showing the portions owned or pos- sessed by each, and to return the same to the Council within ten days after the receipt of said resolution by him, unless longer time shall be granted by said Council therefor.
SEC. 3. Upon receiving said map and return from the said Engineer, the said Council shall forthwith give notice of not less than five days, by publication in not less than two daily news- papers, if there be so many published in said city, of the time and place where they will hear all parties desiring to show cause against the said improvement. At the time and place designated in such notice, or at such subsequent time as the Council may adjourn to-but such adjournment shall not, in the aggregate, ex- ceed seven days-the said Council shall proceed with such hear- ing.
SEC. 4. If no objections be made, or if, after hearing the ob- jections thereto, the Council shall remain of the opinion that such improvement should be made, they shall elect, by ballot, three Commissioners, residents and property owners in said city, not interested, directly or indirectly, in the proposed improve- ment, or in the property to be affected thereby, to assess the damages and benefits to be caused by said improvement. With- in two days thereafter, said Commissioners shall give notice of the time and place where they will proceed to examine the prop-
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
Three powerful Fire Insurance Companies operating conjointly in California; BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
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erty to be affected by such improvement, by an advertisement in two newspapers, if there be so many published in said city, such time to be not more than three days thereafter; at the time and place named, they shall proceed to examine the land and im- provements to be affected by the proposed improvement, and shall first ascertain the amount of damages to be sustained ; the names of the owners of the property to be damaged, and the amount to be paid to each of such owners therefor. They shall then assess upon the property to be benefited by such improve- ment a sum sufficient to pay the whole amount of said damages, and the fees and expenses of the said Commissioners, and shall apportion the same among the owners of the several parcels of property to be thus benefited, in proportion to the amount of benefits to accrue to each .* In making such estimate and ap- portionment, they shall take all pertinent testimony that may be offered them, and may examine any witnesses that they shall deem it necessary or advisable to call, and shall have authority to administer oaths to all persons testifying before them. With- in twenty-one days after their appointment, unless further time be granted by the Council, they shall make a report to said Coun- cil of the assessments and awards so made by them, with the names and amounts of the persons damaged or benefited asaforesaid.
SEC. 5. Upon receiving such report, said Council may, if in their judgment the said report is legal, and the said assessment therein contained is in accordance with law, by ordinance, levy a taxt upon the several parcels of property reported as benefited by said improvement, for the amounts severally charged against each in said report, which tax shall be a lieu upon the several parcels of property severally, and shall not be removed until said tax is paid. Immediately upon levying such tax the City Marshal shall serve a notice in writing upon each owner of the land so taxed, or his lawful agent ; or in case such owner or agent cannot be found, to post such notice in a conspicuous
*A case was made by C. T. Jacobos and carried to the Supreme Court, September term, 1871, which set aside the report of the Commissioners, on the ground that they had not awarded the damages or assessed the benefits in the manner required by the Act. That Court very justly characterized the law as ambiguous; but taking the whole Act together, they held that it is necessary to first award to the parties whose property is taken for the street, or damaged by its opening, the amount of the damage, irrespective of any benefit that may accrue to them, and that the benefit must be separately assessed. In other words, that all the damages must be first ascertained and added together, then the benefits to each piece of property in the district affected ascertained, and all the benefits added together, and then the assessment that each is to pay will be that propor- tion of the total damage that the benefit in his particular piece of property bears to the whole of the benefits. To illustrate : If the total of the value of the land taken to open the street is $10,000, and the property on both sides will be benefited $2000, and A's par- ticular lot will be benefited $500, then A pays 500-2,000, or 1-40th of the $10,000. The last Commission adopted the method of taking each piece of property separately, and if the damage exceeded the benefits, allowed the difference ; and this method was adjudged to be erroneous by the Supreme Court .- COMPILER.
At the September (1871) term of the County Court of Alameda Co., Judge Nye ren- dered a decision in the matter of the application of Geo. C. Potter, to compel the City Council to pass an ordinance levying a tax for the purpose of widening Broadway, as recommended by Commissioners duly appointed under the law. The Court held that the acts of the Council, after the appointment of Commissioners, were ministerial, and that the parties to whom damages might be awarded could compel the Council by mandamus to pass an ordinance levying the tax recommended. A writ was accordingly issued and served, but from other reasons, the parties in interest did not insist upon its enforcement .- COMPILER.
Hear the GUILD, CHURCH & CO.'S PIANOS at Gray's, 625 Clay St., S. F.
THOMAS HOUSEWORTH & CO., Opticians, 9 Montgomery Street, under Lick House, S. F.
Get a Policy in the Ætna Ins. Co .; it is the best ; R. C. GASKILL, Agent.
PUBLIC STREETS.
347
place upon the land and premises so taxed, which notice shall contain the name of the owner (if known), a brief description of the lands taxed and the amount of tax levied, and that the pay- ment of the said tax is demanded by the City Treasurer of the City of Oakland within ten days from the service of such notice. At the expiration of ten days from the time of service on each of said persons and property so taxed as aforesaid, the said Council shall issue to the City Marshal a warrant, to be signed by their President and Clerk, under the seal of the city, com- manding him to levy and collect all of the said tax that shall be then unpaid, with his fees for collection from the property upon which the same is a lien as aforesaid, and shall thereupon deliver the same to said Marshal. (Amendment, January 16, 1872.)
SEC. 6. Upon receiving said warrant, said Marshal shall pro- ceed to collect so much of said tax as is unpaid, by levy upon and sale of the several portions of property upon which the said unpaid tax is a lien, in the same manner and with the same au- thority as on sales on execution by Sheriffs, and shall return said warrant, with his doings thereon, within thirty days after the receipt thereof by him. If for any reason the whole amount thereof shall not be collected, said Council may issue, with like effect, a subsequent warrant or warrants until all be collected.
SEC. 7. As soon as money enough for that purpose is re- . ceived from said tax, said Council shall direct the City Marshal to pay or tender to each party to whom damages have been awarded, the sums severally due to them, and thereupon to pro- eeed forthwith and open said street or other improvement ; and the same shall thereupon be deemed open to public use, for the purpose and to the extent in the original ordinance pre- scribed. If any person or party entitled to damages cannot be found by said Marshal, he shall deposit the amount due to them in the city treasury, as a special deposit, subject to their order, and the same shall be deemed a sufficient payment under this Act. The money so deposited shall not be drawn or used for any other pupose whatever.
SEC. 8. All moneys collected under this Act shall be paid into the city treasury as a special fund, for the purposes for which they were collected, and shall not be drawn out or used for any other purpose whatever.
SEC. 9. The City Engineer and the Commissioners to be ap- pointed, as herein prescribed, shall each have the right to go in or upon any property for the purpose of making the survey and examinations above mentioned, or for any other purpose neces- sary in the discharge of their duties under this Act. Said Com- missioners shall each be entitled to ten dollars for the first day, and two dollars for each subsequent day devoted to their duties as such Commissioners, and they shall not receive any other fees or compensation for such services.
SEC. 10. All Acts and parts of Acts in conflict herewith, so far as they conflict herewith, are hereby repealed.
SEC. 11. This Act shall take effect immediately.
PAGE & JORDAN, Collections made, 462 Tenth St. near Broadway, Oakland
Fire Insurance Policies issued immediately upon application, by BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Eroadway; Loans negotiated.
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OAKLAND DIRECTORY.
PUBLIC SCHOOL DEPARTMENT.
AN ACT TO ESTABLISH AND DEFINE THE POWERS AND DUTIES OF THE BOARD OF EDUCATION OF THE CITY OF OAKLAND, APPROVED MARCH 14, 1868, AND THE AMENDMENTS THERETO, APPROVED MARCHI 1, 1872.
The People of the State of California,
represented in Senate and Assembly, do enact as follows :
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