USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1875 > Part 44
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SEC. 6. If any officer of the city shall willfully neglect or refuse to perform any of the duties lawfully enjoined upon him, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprison- ment in the County Jail not exceeding one year, or by both such fine and imprisonment, and his office forthwith shall become vacant.
SEC. 7. The Mayor, the Assessor, the Clerk and Treasurer, the Marshal and Tax Collector, the City Engineer, the Superintendent of Public Schools, the Chief of Police, and all officers to whom the receipt or expenditures of the funds of the city, shall be intrusted, shall, before entering upon his or their official duties, and within ten days after their election or appointment, execute a bond, payable to the city, which shall be subject to the law concerning the official bonds of officers, in such sum as the City Council may direct ; which bond shall be subject to approval by the Council, by ordinance, naming the sureties thereon, and the amount in which such surety has qualified; and the City Council may at any time require an additional amount, or new sureties, upon any bond which it may deem insufficient.
SEC. 8. No member of the City Council, or of the Board of Educa- tion, nor any officer of the city, shall be surety upon the official bond of any corporate officer, nor shall he be directly or indirectly interested with or be surety for any person who may be interested in any franchise, contract, appropriation, or work, or business, or in the sale of anything the price of, or consideration for which, is paid or payable by the city, or by assessments levied under an ordinance of the Council, nor shall any contract be awarded or franchise granted to any person who may be surety on the official bond of any officer of the city.
SEC. 9. In all matters before the City Council concerning the grant- ing of franchises, letting of contracts, auditing of bills, ordering of work to be done, or supplies to be furnished, or whatever may involve the payment of money, or incurring of debt by the city, the vote shall [be] by yeas and nays, and be recorded in the journal.
SEC. 10. No member of the City Council shall vote in the Council upon any motion, resolution, or ordinance, in favor of any franchise, contract, bill, award, or appropriation, in which he may have any pecuniary interest, present or prospective.
SEC. 11. The City Council shall not contract any debt or incur any obligation of indebtedness, which cannot be paid out of the revenues of the current fiscal year (except for prosecuting or defending suits at law, in which the city may be an interested party), unless by ordinance passed by the unanimous vote of all the members of the Council, and approved by the Mayor ; and any debt or debts, created contrary to the provisions of this section, shall not be binding upon or payable by the city, but the individual members of the Council who shall have voted for the same may be held personally responsible therefor, and in no event shall the revenues of any succeeding year be anticipated by more than ten thou- sand dollars.
SEC. 12. The salaries of the city officers shall be as follows : Clerk and Treasurer, eighteen hundred dollars per annum ; an assistant to the Clerk and Treasurer, twelve hundred dollars per annum ; Assessor, two thousand five hundred dollars per annum-the Assessor shall pay his deputies ; Police Judge, eighteen hundred dollars per annum ; Clerk to
Try GORDON'S ice cream, it is the best and cheapest. 469 Ninth St.
E. J. KELLY & CO.'S is the leading Real Estate house of Oakland.
O. F. S .- Oil-cake meal and ground barl'y, 416 Ninth nr Bdwy-O. F. S.
CITY CHARTER.
413
the Police Court, twelve hundred dollars per annum ; City Attorney, two thousand dollars per annum ; City Marshal and Street Superintend- ent, two thousand five hundred dollars per annum ; Clerk to the City ยท Marshal and Street Superintendent, twelve hundred dollars per annum ; Captain of the Police, eighteen hundred dollars per annum ; Police Detective, fifteen hundred dollars per annum ; School Superintendent, fifteen hundred dollars per annum ; policemen, one hundred dollars per month, each ; provided, this Act shall not in any manner affect the salar- ies of any elected officer during the present term of office for which he has been elected.
SEC. 13. Warrants drawn on the City Treasurer shall not bear or draw any interest.
SEC. 14. This Act shall take effect and be in force from and after its passage.
SUPPLEMENTAL IV .- An Act to authorize the City of Oakland to obtain a supply of water. Approved March 30, 1874.
The People of the State of California, represented in Senate and Assembly, do enact as follows:
SECTION 1. The City of Oakland may exercise the right of eminent domain by taking for public use, in order to supply said city and adja- cent towns, and the people therein, with water, any flowing stream or streams of water, lake or lakes, or artificial reservoir or reservoirs, or places for the construction of the same, within the County of Alameda, and the land over which the stream or streams flow, or which the lake or lakes cover, and all riparian rights connected therewith, and sufficient land to build dams, and for reservoirs to hold such water, and the right of way to lay pipes to conduct such water, and any water works now or hereafter conducting water to said city, with the water pipes, reservoirs, rights to water, rights of way for pipes, and lands, and appurtenances of every kind connected with or belonging to such water works, or the person or persons, corporation or corporations, owning or claiming the same.
SEC. 2. A Board of Public Works is hereby created, to be called the Board of Public Works of Oakland, consisting of five persons, who shall be citizens of Oakland, and who shall be appointed by the Governor of the State for the term of four years. They shall receive no compensa- tion for their services. Said Board shall meet on the third Tuesday of May, eighteen hundred and seventy-four, and at such other times as they may appoint. A journal of their proceedings shall be kept. They shall appoint one of their number President, and one to act as Secretary, in the absence of the City Clerk or his assistant. They shall provide for calling special meetings. A majority of the Board shall constitute a quorum. They shall adopt rules for their proceedings, and have power to fill vacancies occurring in their body. Their meetings shall be public. On all questions requiring the concurrent action of the City Council, or the delegation of authority, the vote shall be by yeas and nays, and be recorded in the journal of their proceedings, and a majority of all the members shall be necessary to carry any proposition on which they may vote, except a motion to adjourn, which may be carried by a majority of the members present. Before entering upon their duties they shall each take and subscribe to the oath of office, as members of the Board.
SEC. 3. The City Council of Oakland, and the Board of Public Works, shall have authority to do all things consistent with law, and recited in this Act, and relating to preliminary examinations with refer- ence to obtaining a supply of water for the City of Oakland, and the towns of San Leandro, Alameda, and adjacent neighborhoods ; and the terms of purchase of water rights or works, and condemnation of the
All goods are sold at Eastern prices at STRICKLAND & CO.'S store.
TUBBS' HOTEL, East Oakland. Most healthy location in the State.
E. W. WOODWARD & CO., houses and lots in all parts of the city.
414
OAKLAND DIRECTORY.
same ; and the employment of counsel, and of engineers; and the letting of contracts ; and the issuing of bonds, and the sale thereof ; and the construction of works, and maintaining of the same ; and the expendi- ture of money, and the incurring of any debt or obligation of indebted- ness in obtaining said supply of water; and in the appointment of agents or commissioners to represent the city in any work or duty connected with the work aforesaid ; and in defining their duties ; but neither the City Council nor the Board of Public Works shall have authority as aforesaid, unless by the separate and concurrent action of both bodies.
SEC. 4. At any time when the City Council and the Board of Public Works may deem it expedient, three Commissioners shall be appointed, one by the City Council and two by said Board, who shall have power, under instructions from said bodies, to act for and represent the city in all matters and proceedings necessary and incident to the procuring of a supply of water for the city, by purchase or condemnation, or otherwise, as provided in section one of this Act; and the grant, or purchase, or acquisition of any rights or property obtained under this Act, shall be made to and for the city. Said Commissioners shall give bonds, payable to the city, and to be approved by the Council, for the faithful perforni- ance of their duties, in such amounts as the City Council and the Board of Public Works may require, and shall receive such compensation as the Council and the Board may fix.
SEC. 5. In all matters relating to the condemnation of lands and water rights, and rights of way, and obtaining and supplying the City of Oakland and adjacent towns with water, as set forth in this Act, and where the Board of Public Works has no concurrent power with the City Council, the Council shall have full authority to do all things con- sistent herewith and necessary to carry into effect the provisions of this Act.
SEC. 6. Before proceeding to condemn any property mentioned in section one of this Act, said Board shall endeavor to purchase the same from the owner or owners, and if the parties cannot agree on the terms of sale and purchase, said Board may proceed to condemn the same.
SEC. 7. In condemning said property, the proceedings must be taken under Title Seven, Part Three, of the Code of Civil Procedure, and all the sections of said Title are made applicable to and a part of this Act, and in such proceedings the said Board of Public Works shall be the plaintiff.
SEC. 8. For the purpose of paying for any lands or property required to be purchased, or condemned, under the provisions of this Act, and for the purpose of carrying out any of the provisions of this Act, the Board of Public Works shall have power to issue bonds of the City of Oakland, payable on the first day of July, A. D. eighteen hundred and ninety-six, unless previously redeemed, as is herein provided, to an amount not exceeding eight hundred thousand dollars. Said bonds shall be of denom- inations not less than five hundred dollars, and shall have coupons attached, for the interest thereon, which interest shall be at the rate of seven per cent. per annum, payable semi-annually, on the second day of January and the first day of July, of each year; and said principal and interest shall be made payable at the office of the Treasurer of the said City of Oakland. Said bonds shall be signed by the Mayor and the Treasurer of said city, and countersigned by the President of the Board of Public Works, and the coupons shall be signed by said Treasurer, and said bonds shall be numbered consecutively from one to the last number issued. For the purpose of liquidating the bonds issued as aforesaid, the City Council of Oakland is hereby authorized to levy, annually, a special tax, from and after the year eighteen hundred and eighty-six, in sufficient amounts to
Drink Napa Soda and enjoy life and health. Agency, 469 Ninth St.
Save your money and buy your Real Estate from KELLY & CO., 414 Seventh Street, Oakland.
O. F. S .- Hay, ground feed, and grain, 416 Ninth near Bdwy-O. F. S.
CITY CHARTER.
415
redeem ten per cent., annually, of the outstanding bonds (the redemption of which may not otherwise have been provided for), and until all of said bonds shall have been redeemed, and the money arising from said tax shall be used for no other purpose than the redemption of said bonds.
SEC. 9. Whenever said Board of Public Works require money to pay for said property, whether obtained by purchase or condemnation, they may sell said bonds to obtain said money, or they may make payment for said property in said bonds at the par value thereof, if they can make a contract to that effect and think it for the pecuniary interest of said city to do so.
SEC. 10. The money thus obtained shall be kept by the City Treasurer subject to the order of said Board, and shall be used for no other purpose than to pay for said property, and the costs of legal proceedings, and to construct the necessary works to bring the water into said city and dis- tribute the same, and the purchase of materials therefor, and all expenses connected therewith, and the interest on said bonds, until the receipts from the sale of water will pay said interest; and the money obtained by the sale of water from the said waterworks shall [be] called the "Water- works Fund."
SEC. 11. The money received from the sale of water from said water- works, shall be kept by the City Treasurer subject to the order of said Board of Public Works, and shall be used for no other purpose than to pay the expense of the care and management of and repairs to said water works, and the interest on and redemption of said bonds, until the same are all paid.
SEC. 12. Whenever there is in said Waterworks Fund not less than fifteen thousand dollars, not required for the care and management of and repairs to said waterworks, said Board of Public Works shall require the said Treasurer to publish a notice in one daily paper published in Oakland and one in San Francisco, for the period of thirty days, that a certain sum (naming the same), is in said fund for the redemption of said bonds, and that he will receive bids for the redemption of the same, at not more than their par value, with the interest due, until a day named, which must be thirty days after the last publication of the notice afore- said.
SEC. 13. On the day named, the bids shall be opened by the Treasurer and Mayor of the city, and the bids offering to surrender bonds at the lowest sums, not more than their par value, and interest due, shall be accepted. If enough bonds to consume all the funds are not redeemed, the Treasurer shall advertise as before to redeem bonds at par value and interest, commencing with the lowest numbers outstanding, to the amount of money on hand, and thirty days after the last day of publication the bonds named shall cease to bear interest. The Treasurer, on the order of said Board, shall pay the bonds redeemed either under the bids or by the second notice.
SEC. 14. Said Board of Public Works shall manage and control said water works, and employ all labor, and purchase all materials, and appoint all agents for the care and management of and repairs to the same.
SEC. 15. The pipes to conduct said water may be laid down in any road, street, or alley, but said road, street, or alley shall, when injured by laying said pipes, be repaired by said Board.
SEC. 16. Said Board shall fix the rates at which water shall be sold, and make such rules and regulations in relation to the water as they may deem best.
SEC. 17. In all cases where the terms "Board of Public Works" are [or] "Board" are used in sections from six to sixteen inclusive of this Act, the City Council, acting separately and concurrently, is included and meant. SEC. 18. This Act shall take effect immediately.
STRICKLAND & CO., Books and Stationery, 1061 Broadway, Oakland.
TUBBS' HOTEL, East Oakland. Apartments single or en suite.
E. W. WOODWARD & CO., 958 Broadway, Oakland Real Estate.
416
OAKLAND DIRECTORY.
PUBLIC STREETS.
SUPPLEMENTAL V .- An Act to authorize the City of Oakland to improve the streets, lanes, alleys, courts, and places in the said city; approved 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 the city to any expenses therefor, except for the necessary expense 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 empowered 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 .- [Amendment, March 29, 1870.]
SEC. 3. The City Council may order any work authorized by section two of this Act to be done, after notice of their intention so to do, in the form of a resolution, describing the work, and signed by the Clerk of said Council, has been published for a period of ten days. At the expir- ation of any notice of intention as hereinbefore provided, the City Council shall be deemed to have acquired jurisdiction to order any of the work to be done, or to be afterwards improved, which is authorized by section two of this Act ; and all owners of lands, or lots, or portions of lots, who may feel aggrieved, or who may have objections to any of the subsequent proceedings of the said Council, in relation to the work mentioned in such notices of intention, shall file with the said Clerk a petition of remon- strance, wherein they shall state in what respect they feel aggrieved, or the proceedings to which they object ; such petition or remonstrance shall be passed on by the said City Council, and their decision therein shall be final and conclusive. The owners of more than one half in frontage of the lots and lands fronting on the work proposed to be done, and designated in said resolution (excepting work proposed to be done on Broadway Street in said city), may make written objections to said pro- posed work within ten days from the first publication of said resolutions. Said objection shall be delivered to the Clerk of the said City Council, who shall endorse thereon the date of their reception by him ; and such objections so indorsed shall be a bar to any further proceedings in rela- tion to said work for a period of six months, unless the owners as afore- said shall sooner petition for the same to be done ; provided, that one half, or more, in width or in length of any street, lying and being between two main street crossings, have been already improved as aforesaid, said City Council may order the remainder improved, notwithstanding the objections of property owners fronting thereon. Before passing any ordinance for the construction of said improvements, plans, specifications, and careful estimates shall be furnished the said City Council by the City Marshal of said City of Oakland, if required by them.
GORDON'S Ice Cream Manufactory, 469 Ninth Street, Oakland.
You have not seen Oakland unless you have seen KELLY & CO., 414 Seventh Street.
O. F. S .- Hominy and cracked wheat, 416 Ninth St. nr Bdwy-O. F. S.
PUBLIC STREETS. 417
SEC. 4. The owners of more than one half in frontage of lots and land fronting on any street, lane, alley, place, or court mentioned in sec- tion one of this Act, or their duly authorized agents, may petition the said City Council to order any of the work mentioned in section two of this Act to be done, and the said City Council may order the work men- tioned in said petition to be done, after notice of their intention so to do has been published as provided in section three of this Act. No order or permission shall be given to grade, pave, plank, or macadamize any street, lane, alley, place, or court, in the first instance, or any portion thereof, without extending or completing the same throughout the whole width of such street, lane, alley, or court.
SEC. 5. Before giving out any contracts by the City Council for doing any work authorized by section two of this Act, the City Council shall cause notice to be conspicuously posted on or near the Council room door of said Council, and also published for five days in some daily paper to be designated by said Council, inviting sealed proposals for the work con- templated. All proposals offered shall be delivered to the Clerk of said City Council, and said Council shall, in open session, open, examine, and publicly declare the same, and award the contract for said work, in their discretion, to the lowest responsible bidder : provided, said Council may reject any and all bids, should they deem it for the public good, and also the bid of any party who may have proved delinquent or unfaithful in any former contract with said city. All proposals shall be accompanied by a bond, in the sum of one thousand dollars, signed by the bidder and by two sureties, who shall justify in the manner hereinafter provided, conditioned to pay to the said City of Oakland the full sum of one thousand dollars, as liquidated damages, if the bidder to whom the contract is awarded shall fail or neglect to enter into a contract as hereinafter pro- vided. It shall be the duty of the City Attorney to sue on said bonds in the name of said city, and to pay the amount recovered over to the Treas- urer of said city. The City Council shall have power to relieve the con- tractor from the performance of the conditions of said bond when good cause is shown therefor. All persons (owners included) who shall fail to enter into contracts, as herein provided, are hereby prohibited from bidding a second time for the same work. Notice of such awards shall be published for five days, in the same manner as hereinbefore provided for publication of proposals of such work. The owners of the major part of the frontage of lots and lands liable to be assessed for said work, shall not be required to present sealed proposals, but may, within said five days after first publication of notice of said award, elect to take said work, and enter into a written contract to do the whole work at the price at which the same may have been awarded. Should the said owners fail to commence the work within ten days after the first publication of said award, and prosecute the same with due diligence to completion, it shall be the duty of the City Marshal to enter into a contract with the original bidder to whom the contract was awarded, and at the prices the same may have been awarded him; but if such bidder neglects, for fifteen days after the first publication of the notice of said award, to enter into the contract, then the City Council shall again publish, for said five days, and pursue the steps required by this section the same as in the first instance. If the owners who may have taken said contract do not complete the same within the time limited in the contract, or within such further time as the said City Council may give them, the said Marshal shall report such delin- quency to the City Council, who may relet the unfinished portion of said work, after having pursued the formalities of this section as stated afore- said. All such contractors shall, at the time of the execution of the con- tract, also execute a bond to the satisfaction of the Mayor of said city, with two or more sureties, payable to the City of Oakland, in such sums
TUBBS' HOTEL, East Oakland. Horse Cars pass the door every ten minutes.
STRICKLAND & CO. keep the best Gold Pens in the World.
27
Buy your Homesteads from E. W. WOODWARD & CO., 958 Bdwy.
418
OAKLAND DIRECTORY.
as the said Mayor shall deem adequate, conditioned for the faithful per- formance of the contract, and the sureties shall justify before any officer competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. Any person suffering damages by reason of the breach of said contract, may sue on such bond in his own name. It shall be the duty of the Marshal to collect from the contractors, before the contract is signed by him, the cost of publication of the notice required under the proceedings prescribed in this Act .- [Amendment, March 29, 1870.]
SEC. 6. The Marshal of said city is hereby authorized, in his official capacity, to make all written contracts and receive all bonds authorized by this Act, and to do any other act, either expressed or implied, that pertains to the Street Department under this Act, and the said Marshal shall fix the time for the commencement of the work under all contracts entered into by him, which work shall be prosecuted with due diligence from day to day thereafter to completion, and may extend the time so fixed from time to time under the direction of the City Council. The work provided for in section two of this Act must in all cases be done under the direction and to the satisfaction of the Marshal, and the materials used shall be such as are required by said Marshal; and all contracts made therefor must contain this condition and also express notice, that in no case, except where it is otherwise provided in this Act, will the city be liable for any portion of the expense, nor for any delin- quency of persons or property assessed. The assessment and apportion- ment of the expenses of all such work in the mode herein provided shall be made by the said Marshal.
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