USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1875 > Part 43
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52
406
OAKLAND
DIRECTORY.
uous 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 shall mark the word "paid," and the date of the payment, opposite 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 description 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 propor- tion of taxes due on his interest therein.
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[Sections 26 to 28, inclusive, are superseded by the following] :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 Collectors 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 state- ment 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 of 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 T nasurer 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 refunded to the said County of Alameda, and be paid into the General 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 Decem- ber, 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 pro- vided ; and after the said list is completed and published, the respective Tax Collectors shall collect, 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 be retained by the respective Tax Collectors in full for all services 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
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-
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CITY CHARTER. 407
Collector of the City of Oakland, or of any two of them, and of the Audi- tor, Clerk, and Tax Collector of the County of Alameda, or of any two of them.
SEC. 4. The provisions of the Act regulating the collection of delin- quent 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 regulating taxation in San Francisco, above referred to, shall be levied or collected upon the delinquent list .- [See Statutes of California, 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 man- ner required of them, and in their reports to embody all the matters and information required, pertaining to the duties of their respective offices.
SEC. 30. If the Assessor, or the Clerk, or Treasurer, or Marshal, 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. [Amended, see Supplemental iii., sec. 6.]
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.
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[Sections 32 to 43, inclusive, providing for the collection of delinquent taxes, are repealed and superseded by Act of April 4, 1870. See Supple- mental II, page 406.]
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 perform all the duties imposed upon them, shall be liable, upon their official bond, to the city, or to any party aggrieved,
SEC. 43. The Mayor elected under this charter shall, before 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 situa- tion 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 exercise a supervision and con- trol 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 ordinances and contracts made in behalf of the city, and countersign all licenses and warrants on the treasury, and have jurisdiction 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
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.
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408
OAKLAND DIRECTORY.
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 proceedings 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 return 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 pursuance 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 expenditures 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 sub- ject 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 insufficient, 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. [Amended, see Sup- plemental iii., sec. 7.]
SEC. 49. All fines and other moneys received by any officer 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 succeed to all the legal and equitable rights, claims, and privileges, and shall be subject to all the equal or equitable liabilities and obligations, 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 Oak- land, shall be by public auction, to the highest bidder, 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 responsible 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 Council, nor any officer of the corporation, shall be directly or indirectly interested,
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CITY CHARTER. 409
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. [Amended, see Supplemental iii., sec. 8.]
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 similar 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 provided 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 pre- scribed 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 be thereby absolutely vacated, and the City Council shall thereupon fill the vacancy.
SEC. 57. The City Council shall, when they may deem the same neces- sary, 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 established, any improvements which may thereafter be made, or erected, or constructed, within the lines of any street contemplated by said plan or plans, shall not be included in any assessment 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 owners or occupants to appear be- fore such Council, at the time which said Council shall designate by reso- lution, 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 occupants thereof can- not be found within the limits of said city by said Marshal, then, and in that event, it shall be a sufficient service 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 appear 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 appointed to hear such parties as aforesaid. Upon such desig- nated 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 par- ties, 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
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410
OAKLAND
DIRECTORY.
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Conncil shall have power to administer all the necessary oaths or affirm- ations ; and if the party to whom the same is administered shall willfully, corruptly, and falsely swear touching the matter in issne before said Council, he shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years. Thereupon, said Council shall separately assess the amount of damages to each person entitled to the same: provided, that if the opening of said street or streets shall benefit the lands abutting thereon or adjacent to the same, and increase the value thereof, such benefit and increase in valne shall be estimated and deducted 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 respect- ing the amount of damages allowed 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, within 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 conditioned 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 desire ; 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 assessed to him by said Council, together with ten per cent. additional thereto, 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 appeal : provided, that if any claimant of damages shall not give notice of appeal in the manner and within the time hereinbefore specified, then he shall be deemed to have assented to said assessment of damages by said Council ; and provided, further, that if any occupant or owner of such lands shall fail, after being notified 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 in this State," and the Acts amendatory thereof and supplementary thereto, shall be applicable, so far as the same are not inconsistent with this Act. There shall be
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CITY CHARTER. 411
the same right to an appeal from any such judgment rendered in said County Court as if the action had been originally 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 entitled thereto, and npon 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 Oakland, 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 fif- teenth, eighteen hundred and sixty-one, and also an Act amendatory of and supplementary to an Act entitled "An Act to incorporate the City of Oakland," passed March twenty-fifth, eighteen hundred and fifty-four, approved May fourteenth, 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 ways be affected thereby .- [ Amendment, April 25, 1863.]
SEC. 59. [Obsolete.]
SUPPLEMENTAL III .- An Act supplementary to an Act entitled " An Act to amend an Act entitled ' An Act to incorporate the City of Oakland,' passed March 25, 1854, and repealing certain other Acts in relation to said city," approved April 24, 1862. Approved March 30, 1874.
The People of the State of California, represented in Senate and Assembly, do enact as follows :
SECTION 1. At the next election for city officers in the City of Oak- land, there shall be elected a City Attorney, who shall hold his office until the election of city officers in eighteen hundred and seventy-six, and until his successor is elected and qualified ; and at the election of city officers in eighteen hundred and seventy-six, and every two years thereafter, at the time of the election of city officers, a City Attorney shall be elected, who shall hold his office two years, and until his suc- cessor is elected and qualified.
SEC. 2. The rate of taxation in said city shall not exceed one per cent. on the assessed value of property, except such tax as may be levied for the redemption of city bonds.
SEC. 3. It shall be the duty of the City Council, before levying the annual city tax, to establish by ordinance separate funds, representing the several funded obligations of the city, and the several departments requiring municipal expenditures, including a General Fund, and the percentage of said levy shall be named for each fund, and the whole amount of taxes and revenues of the city apportioned accordingly, and no transfer shall be made, except of balances in excess, or from the Gen- eral Fund to meet deficiencies, or to provide for the redemption of city bonds.
SEC. 4. All fees or percentages received or collected by any officer of the city, shall be by such officer, at the end of each month, paid into the City Treasury, for the use of the city, and placed in the General Fund ; and no payment shall be made to any city officer for salary, unless he has at the time before mentioned taken and filed with the Clerk an affidavit
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E. W. WOODWARD & CO., 958 Bdwy, houses rented-rents collected.
412
OAKLAND
DIRECTORY.
that he has paid into the City Treasury all fees or percentages by him before then received or collected.
SEC. 5. The provisions of section seven hundred and seventy-two of the Penal Code shall be applicable to all city officers to whom the receipt or disbursement of public money is intrusted, and also to the City Engineer and the Superintendent of Public Schools.
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