USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1875 > Part 45
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SEC. 7. Subdivision One-The expenses incurred for any work author- ized by section two of this Act shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically provided ; each lot or portion of a lot being separately assessed, in proportion to the frontage, at a rate per front foot sufficient to cover the total expenses of the work.
Subdivision Tuo-The expenses of all improvements, except such as are done by contractors under the provisions of section thirteen of this Act, until the street crossings, lanes, alleys, places, or courts, are finally accepted as provided in section twenty of this Act, shall be assessed upon the lots and lands as provided in this section, according to the nature and character of the work (and after such acceptance, the expense of all work thereafter done thereon shall be paid by said city out of the Street Depart- ment Fund).
Subdivision Three-The expense of work done on main street crossings shall be assessed upon the four quarter blocks adjoining and cornering upon the crossing ; and each lot or part of a lot in such quarter blocks fronting on such main streets shall be separately assessed according to its proportion of frontage on the said main streets.
Subdivision Four-Where a main street terminates in another main street, the expenses of the work done on one half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said main streets, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street opposite such termination.
Subdivision Five-Where any small or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all the lots or portions of lots half way on said small streets to the next crossing or intersection, or to the end of such small or subdivision street, if it does not meet another.
Subdivision Six-The expense of work done on small or subdivision street crossings shall be assessed upon the lots fronting upon such small
GORDON'S ice cream is the best and cheapest. 469 Ninth St.
Do you want to make money ? If so, call upon E. J. KELLY & CO., 414 Seventh Street.
O. F. S .- Wheat and cracked corn, 416 Ninth nr Broadway .- O. F. S.
PUBLIC STREETS. 419
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streets, on each side thereof, in all directions, half way to the next street, place, or court, on either side, respectively, or to the end of such street, if it does not meet another.
Subdivision Seven-Where a small street, lane, alley, place, or court ter- minates in another street, lane, alley, place, or court, the expense of the work done on one half of the width of the street, lane, alley, place, or court, opposite the termination, shall be assessed upon the lot or lots fronting on such small street or lane, alley, court, or place, so terminat- ing, according to its frontage thereon, half way on each side, respectively, to the next street, lane, alley, place, or court, or to the end of such street, lane, alley, place, or court, if it does not meet another ; and the other one half of the width upon the lots fronting such termination.
Subdivision Eight-The expenses of all the aforesaid improvements on overflowed lands belonging to the city shall be defrayed by the city, but no contract for work shall be given out except to the lowest responsible bidder, after an observance of all the formalities required by this Act.
Subdivision Nine-Where any work mentioned in section two of this Act (sewers, manholes, cesspools, culverts, crosswalks, crossings, curbings, grading, curbing, piling, and capping excepted), is done on one side of the center line of said streets, lanes, alleys, places, or courts, the lots or portions of the lots fronting on that side only, shall be as- sessed to cover the expenses of said work, according to the provisions of this section.
Subdivision Ten-Section one of chapter three hundred and twenty-five of the laws of this State, entitled "An Act amendatory of and supple- mentary to an Act to provide revenue for the support of the Government of this State," approved April twenty-ninth, eighteen hundred and fifty- seven, approved April nineteenth, eighteen hundred and fifty-nine, shall not be applicable to the provisions of this section, but the property herein mentioned shall be subject to the provisions of this Act, and to be assessed for work done under the provisions of this section.
SEC. 8. After the contractor of any street work has fulfilled his con- tract to the satisfaction of the Marshal of the said city, or City Council on appeal, the Marshal shall make an assessment to cover the sum due for the work performed and specified in said contracts (including incidental expenses, if any), in conformity with the provisions of the preceding sec- tion, according to the character of the work done, or if any direction and decision shall be given by said Council on appeal, then, in conformity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with the incidental expenses, if any, the rate per front foot assessed, the amount of each assessment, the name of the owner of each lot or portion of a lot (if known to the Marshal), if unknown, the word "Unknown" shall be written opposite the number of the lot, and the amount assessed thereon, the number of each lot or portion of a lot assessed, and shall have attached thereto a diagram, exhibiting each street or street crossing, lane, alley, place, or court on which any work has been done, and showing the relative location of each distinct lot or portion of a lot to the work done, numbered to correspond with the numbers in the assessments, and showing the number of feet fronting assessed for said work contracted for and performed.
SEC. 9. To said assessment shall be attached a warrant, which shall be signed by the Marshal and countersigned by the Mayor of said city, who, before countersigning it, shall examine the contract, the steps taken previous thereto, and the record of the assessments, and must be satisfied that the proceedings have been fair and legal. The said warrant shall be substantially in the following form :
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TUBBS' HOTEL, East Oakland. JOHN M. LAWLOR & CO., proprietors. Accommodating prices.
E. W. WOODWARD & CO., 958 Broadway, farms and ranches for sale.
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OAKLAND
DIRECTORY.
FORM OF THE WARRANT.
"By virtue hereof, I [name of Marshal], Marshal of the City of Oakland, County of Alameda, and State of California, by virtue of the authority vested in me as said Marshal, do authorize and empower [name of con- tractor] [his or their] agents or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be [his or their] warrant for the same.
"OAKLAND [date], 186 -.
" [Name of Marshal. ] " Marshal of City of Oakland.
" Countersigned by [name of], Mayor.
Said warrant, assessment, and diagram shall be recorded in the office of said Marshal. When so recorded, the several amounts assessed shall be a lien upon the lands, lots, or portions of lots assessed, respectively, for the period of two years from the date of said recording, unless sooner discharged; and from and after the date of said recording of any warrant, assessment, and diagram, all persons mentioned in section eleven of this Act shall be deemed to have notice of the contents of the record thereof. After said warrant, assessment, and diagram are recorded, the same shall be delivered to the contractor, or his agent or assigns, on demand, but not until after the payment to the said Marshal of the incidental expenses not previously paid by the contractor or his assigns; and by virtue of said warrant, said contractor, or his agents or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments.
SEC. 10. The contractor or his assigns, or some person in his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made, the contractor, his assigns, or some person in his or their behalf, shall receipt the same upon the assessment in presence of the person making such payment, and shall also give a sep- arate receipt if demanded. Whenever the person so assessed, or their agents, cannot conveniently be found, or whenever the name of the owner of the lot is stated as "unknown" on the assessment, then the said con- tractor or his assigns, or some person in his or their behalf, shall publicly demand payment on the premises assessed. The warrant shall be returned to the Marshal within thirty days after its date, with a return endorsed thereon, signed by the contractor or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof. Thereupon the Marshal shall record the return so made, in the margin of the record of the warrant and assess- ment, and also the original contract referred to therein; if it has not already been recorded at full length in a book to be kept for that purpose in his office, and shall sign the record. The said Marshal is authorized at any time to receive the amount due upon any assessment list and warrant issued by him, and give a good and sufficient discharge therefor : provided, that no such payment so made after suit has been commenced, without the consent of the plaintiff in the action, shall operate as a complete dis- charge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his office, on the production to him of the receipt of the party or his assigns, to whom the assessment and warrant were issued ; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed: provided, however, that in case any warrant is lost, upon proof of such
J. S. G. GORDON is the pioneer ice man. Office, 469 Ninth Street.
For the best bargains in Real Estate go to E. J. KELLY & CO., 414 Seventh Street, Oakland.
-
O. F. S. Every bale of hay sold by weight, 416 Ninth Street-O. F. S.
PUBLIC STREETS. 421
loss, a duplicate can be issued, upon which a return may be made, with the same effect as if the original had been so returned. After the return of the assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of one per cent. per month, until paid .- [Amendment, March 29, 1870.]
SEC. 11. The owners, whether named in the assessment or not, the contractor or his assigns, and all other persons directly interested in any work provided for in this Act or in the assessment, feeling aggrieved by any act or determination of the Marshal in relation thereto, or having or making any objection to the correctness or legality of the assessment or other act, determination, or proceeding of the Marshal, shall, within thirty days after the date of the warrant, appeal to the City Council, as provided in this section, by briefly stating their objections in writing, and filing the same with the Clerk of said City Council. Notice of the time and place of the hearing, briefly referring to the work contracted to be done, or other subject of appeal, and to the acts, determinations, or pro- ceedings objected to or complained of, shall be published for five days. Upon such appeal the said City Council may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the Marshal relative to said work; may confirm, set aside, alter, modify, or correct, the assessment in such manner as to them shall seem just, and require the work to be completed according to the directions of the City Council; and may instruct and direct the Marshal to correct the warrant, assessment, or diagram in any particular, or to make and issue a new warrant, assessment, and diagram, to conform to the decisions of said City Council in relation thereto, at their option. All the decisions and determinations of said City Council, upon notice and hearing, as aforesaid, shall be final and conclusive upon all persons enti- tled to an appeal under the provisions of this section, as to all errors, informalities, and irregularities which said City Council might have rem- edied and avoided; and no assessment shall be held invalid, except upon appeal to the City Council, as provided in this section, for any error, informality, or other defect in any of the proceedings prior to the assess- ment, or in the assessment itself, where notice of the intention of the City Council to order the work to be done, for which the assessment is made, has been actually published in a newspaper of said city for the length of time prescribed by law, before the passage of the resolution ordering the work to be done .- [Amendment, March 29, 1870.]
SEC. 12. At any time after the period of thirty-five days from the day of the date of the warrant, as hereinbefore provided, or if any appeal is taken to the City Council, as is provided in section eleven of this Act, at any time after five days from the decision of said Council, or after the return of the warrant or assessment, after the same may have been cor- rected, altered, or modified, as provided in section eleven of this Act (but not less than thirty-five days from the date of the warrant), the contractor or his assignee may sue, in his o vn name, the owner of the land, lots or portions of lots assessed, on the day of the date of the recording of the warrant, assessment, and diagram, or on any day thereafter, during the continuance of the lien of said assessment, and recover the amount of any assessment remaining due and unpaid, with interest thereon, as hereinbe- fore provided. Suit may be brought in the District Court of the Third Judicial District, and on all sums less than three hundred dollars, in the Police Court of the City of Oakland. The said warrant, assessment, and diagram, with the affidavit of demand and non-payment, shall be prima facie evidence of such indebtedness, and the right of the plaintiff to recover in the action. The Court in which such suit shall be commenced shall have power to adjudge and decree a lien against the premises assessed, and to order such premises to be sold on execution, as in
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TUBBS' HOTEL, East Oakland, is provided with every modern accommodation for travelers.
--- -
E. W. WOODWARD & CO., 958 Bdwy, homes on the instalment plan.
422
OAKLAND DIRECTORY.
other cases of the sale of real estate by the process of said Courts; and on appeal, the appellate Court shall be vested with the same power to adjudge and decree a lien, and to order to be sold such premises, on exe- cution or decree, as is conferred on the Court from which an appeal is taken. Such premises, if sold, may be redeemed as in other cases. In all suits now pending, or hereafter to be brought, to recover street assess- ments, the proceedings therein shall be governed and regulated by the provisions of this Act, and also, when not in conflict herewith, by the Civil Practice Act of this State. This Act shall be liberally construed to effect the ends of justice. - [Amendment, March 29, 1870.]
SEC. 13. The Marshal of said city may require, at his option, by notice in writing, to be delivered to them personally, or left on the premises, the owners, tenants, or occupants of lots or portions of lots liable to be assessed for work done under the provisions of this Act, to improve forth- with any of the work mentioned in section two of this Act, in front of the property of which he is the owner, tenant, or occupant, to the centre of the street, or otherwise, as the case may require, specifying in said notice what improvement is required. After the expiration of three days, the said Marshal shall be deemed to have acquired jurisdiction to contract for the doing of the work or improvements required by said notice. If such improvement be not commenced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to com- pletion, the said Marshal may enter into a contract with any suitable person applying to make said improvements, at the expense of the owner, tenant, or occupant, at a reasonable price, to be determined by said Mar- shal, 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 improve- ments, 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 Marshal, that the work had been properly done, and that the charges for the same are reasonable and just, shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover 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 ordinance, to prescribe the penalties that shall be incurred by any owner or person liable or neg- lecting or refusing to make improvements 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 applied, if deemed expedient by the said Council, in payment of the expenses of any such improvements, when not otherwise provided 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 contracted to be paid
Drink Napa Soda, a pure, natural mineral water. Agency, 469 Ninth.
E. J. KELLY & CO.'S is the leading Real Estate house of Oakland.
O. F. S. Every bale of hay sold by weight, 416 Ninth St .- O. F. S.
PUBLIC STREETS. 423
to the contractor, for improvements to cover the expense of any work done under and authorized by the provisions 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 provisions 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 decree, 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, 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 conformity 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 certi- fied, 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 Mar- shal 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 deliv- ered 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 Council and Mar- shal of said city, under such regulations as said Council 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 con- dition of all the public streets and highways, and also of all public build- ings, 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 execu- tion, after notice from any citizen of a violation thereof, the said Marshal and his sureties shall be liable upon his official bond to any 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
STRICKLAND & CO.'S Stationery Store is No. 1061 Broadway.
TUBBS' HOTEL, East Oakland. Apartments single or en suite.
L
E. W. WOODWARD & CO., desirable business property for sale.
424
OAKLAND DIRECTORY.
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 destroyed, through any such defect therein, no recourse for damages thus suffered shall be had against the 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 Marshal, then the person or persons on whom the law may have imposed the obligation to repair such defect in the street or public highway, and also the officer or 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.
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