USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1875 > Part 46
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Second-The words "improve," "improved," and "improvements," as used in this Act, shall include all necessary repairs of work all men- tioned in section three of this Act, and also the reconstruction 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 include crossings.
Fourth-The word "block" shall mean the blocks which are known and designated as such on the map and books of the Assessor 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 newspaper to be designated by the City Council of said city.
SEC. 25. The Marshal shall appoint a person or persons suitable to take charge of and superintend the construction and improvement of each and every sewer, and of piling and capping, whose duty it shall be to see that the contract made for the doing of said work is strictly ful- filled 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 discharge 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 expen- ses," 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 agreement.
SEC. 26. After a street shall have been paved, planked, or macada-
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mized by authority of this Act, the City Council shall have power to levy a tax from time to time, as occasion may require, 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 collection of city taxes, and the amount thus collected shall be set apart as a Street Department Fund, and appropriated to the repair of said streets, and shall not be used for any other purpose.
SEC. 27. The City Council of said city shall have power to issue and collect an annual tax license on draymen, cabmen, omnibus proprietors, expressmen, and other common carriers doing business in the City of Oakland, the proceeds of said licenses to be devoted to a Street Depart- ment 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 otherwise improve Broadway Street in such manner and upon such terms as they may deem proper. To authorize such improvements of said street it shall not be necessary that any petition or petitions shall be presented to said Coun- cil, nor shall such improvements be stayed or prevented by any written or other remonstrance or objection, unless such Council deem proper .*
SEC. 29. This Act shall take effect and be in force from and after its passage.
SUPPLEMENTAL VI .- An Act to authorize the Council of the City of Oak- land to lay out, open, or improve streets in said city, approved January 31, 1870, with the amendment thereto, approved January 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 interested 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 grant- ing 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 Engineer to survey and make a map of the said proposed improvement 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 receiving such notice, to proceed and survey said proposed improvement, 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 there-
* 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 hereafter 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 Treasurer of the City of Oakland $11,015.44, the amount due Oakland from the taxes for the fiscal year 1871-72. 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 application because no showing, based upon legal evidence, was made in behalf of the City to prove the amount due.
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OAKLAND DIRECTORY.
of, showing the portions owned or possessed 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 is not less than two daily newspapers, 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, exceed seven days-the said Council shall proceed with such hearing.
SEC. 4. If no objections be made, or if, after hearing the objections thereto, the Council shall remain of the opinion that such improvement should be made, they shall elect, by ballot, three Commissioners, resi- dents and property owners in said city, not interested, directly or indirectly, in the proposed improvement, or in the property to be affected thereby, to assess the damages and benefits to be caused by said improvement. Within two days thereafter, said Commissioners shall give notice of the time and place where they will proceed to examine the property 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 improvements 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 apportionment, 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. Within twenty-one days after their appointment, unless further time be granted by the Council, they shall make a report to said Council of the assessments and awards so made by them, with the names and amounts of the persons damaged or benefited as aforesaid.
SEC. 5. Upon receiving such report, said Council may, if in their judgment the said report is legal, and the said assessment therein con- tained is in accordance with law, by ordinance, levy a taxt upon the
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*A case was made by C. T. Jacobs 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 proportion 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 $2,000, and A's particular 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 sepa- rately, and if the damage exceeded the benefits, allowed the difference ; and this method was adjudged to be erroneous by the Supreme Court .- COMPILER.
tAt the September (1871) term of the County Court of Alameda Co., Judge Nye rendered 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 Com-
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PUBLIC STREETS. 427
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 lien 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 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 payment 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, commanding 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 proceed 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 authority as on sales on execution by Sheriff's, 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 received 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 proceed 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 prescribed. 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 depos- ited shall not be drawn or used for any other purpose 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 appointed, as herein prescribed, shall cach 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 necessary in the discharge of their duties under this Act. Said Commissioners 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.
missioners 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.
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OAKLAND DIRECTORY.
SUPPLEMENTAL VII .- An Act to authorize the city of Oakland to construct a main sewer. Approved March 23, 1874.
The People of the State of California,
represented in Senate and Assembly, do enact as follows:
SECTION 1. The City of Oakland is hereby authorized and empowered to construct a main sewer, from a point on the westerly shore of Lake Merritt, near the intersection of Delger street and Harrison street, ex- tending northerly to low-water mark, on the easterly shore of the Bay of San Francisco, upon the most practicable line between said points. Said sewer may be constructed in such manner, of such dimensions, and with such materials, as the City Council shall, by ordinance, direct.
SEC. 2. The Council shall cause to be prepared plans and specifications of said work in sections, and shall advertise for thirty days, in at least one newspaper published in Oakland, and one in the City and County of San Francisco, for sealed proposals for constructing said sewer. The work may be let in sections, and must be awarded to the lowest respon- sible bidder; the Council having the right to reject any or all bids. The work shall be done and the material furnished under the supervision and to the satisfaction of the City Engineer.
SEC. 3. To enable the city to pay for said sewer, the Council is here- by authorized to issue and sell the bonds of the city for the required amount, payable in ten years from date, in gold coin of the United States, bearing interest at the rate of eight per cent. per annum, payable semi- annually. The principal and interest shall be paid at the office of the City Treasurer.
SEC. 4. Said bonds shall be in sums of not less than one hundred dol- lars nor more than one thousand dollars, shall be signed by the Mayor and Treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the Mayor and Treasurer.
SEC. 5. Before the sale of said bonds, the Council shall at a regular meeting, by resolution, declare its intention to sell a specified amount of said bonds, and the day and hour of such sale; and shall cause such res- olution to be entered in the minutes, and shall cause notice of such sale to be published for twenty days, in at least one newspaper published in Oakland, and one published in the City and County of San Francisco, and in any other newspaper in the State, at their discretion. The notice shall state that sealed proposals will be received by the Council for the purchase of the bonds on the day and hour named in the resolution. The Council at the time appointed shall open the proposals, and award the purchase of the bonds to the highest responsible bidder, but may reject all bids.
SEC. 6. The Council may sell said bonds at not less than par value, without the notice provided for in the preceding section.
SEC. 7. The proceeds of the sale of the bonds shall be deposited in the City Treasury, to the account of a fund to be called the Lake Sewer Fund, but no payment therefrom shall be made except by order of the Mayor and upon the certificate of the City Engineer that the work has been done according to contract.
SEC. 8. The following lands (excepting public streets and highways included therein) within the limits of the city, which are capable of be- ing drained by said sewer, shall be equally assessed, according to law, to pay said bonds and the interest thereon, to wit: Beginning at a point in the center of Twenty-second street and midway between Pine and Wood streets ; thence southerly, and parallel with Wood street, to the center of Twentieth street ; thence easterly, along the center of Twentieth street, to a point midway between Wood and Willow streets; thence southerly,
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PUBLIC STREETS. 429
and parallel with Willow street, to the center of Eighteenth street ; thence easterly, along the center of Eighteenth street, to a point midway be- tween Willow and Campbell streets; thence southerly, and parallel with Campbell street, to the center of Sixteenth street; thence easterly, along the center of Sixteenth street, to a point midway between Campbell and Peralta streets; thence southerly, and parallel with Peralta street, to the center of Seward street; thence easterly, along the center of Seward street, to the center of Peralta street; thence northerly, along the center of Peralta street, to the center of Tenth street; thence casterly, along the center of Tenth street, to a point midway between Center and Cypress streets ; thence northerly, and parallel with Cypress street, to the center of Twelfth street; thence easterly, along the center of Twelfth street, to a point midway between Poplar and Union streets ; thence southerly, and parallel with Union street, to the center of Tenth street, thence easterly along the center of Tenth" street to a point midway between Union and Magnolia streets ; thence southerly, and parallel with Magnolia street, to the center of Eighth street, thence easterly, along the center of Eighth street, to a point midway between Chestnut and Linden streets; thence northerly, and parallel with Linden street, to the center of Tenth street ; thence easterly, along the center of Tenth street, to a point midway be- tween Filbert and Myrtle streets; thence northerly, and parallel with Myrtle street to the center of Twelfth street; thence easterly, along the center of Twelfth street, to a point midway between Market and Myrtle streets; thence northerly, and parallel with Market street, to the center of Fourteenth street; thence easterly, along the center of Fourteenth and Market streets, to a point midway between Market and Weststreets; thence northerly, to a point in the center of Fifteenth street, midway be- tween Market and West streets; thence easterly, along the center of Fif- teenth street, to a point midway between West and Brush streets ; thence southerly, and parallel with Brush street, to the center of Thirteenth street; thence easterly, along the center of Thirteenth street, to a point midway between Castro and Grove streets; thence southerly and parallel with Grove street, to the center of Twelfth street, thence easterly, along the center of Twelfth street, to apoint midway between Harrison and Alice streets ; thence northerly and parallel with Alice street, to the cen- ter of Thirteenth street; thence easterly along the center of Thirteenth street to a point midway between Alice and Jackson streets; thence northerly and parallel with Jackson street to a line corresponding with the center line of Fourteenth street; thence easterly along said line to a point midway between Jackson and Julia or Madison streets; thence northerly and parallel with Jackson street to the center of Fifteenth street, as the same is shown upon a map of the Merritt Tract; thence easterly along the center of said Fifteenth street to a point midway between Julia or Madison street and Oak street; thence northerly and parallel with Oak street to the northerly line of lot number twenty of the Merritt Tract; thence easterly, at right angles, to the center of Oak street; thence north- erly along the center of Oak street to the westerly shore of lake; thence northerly along the westerly shore of said lake to the mouth of the creek which forms the easterly boundary of the City of Oakland; thence north- erly along said creek to the northerly boundary of said city; thence west- erly along said northerly boundary to the center of Beech street; thence southerly along the center of Beech street to a point midway between Waterfront and Bay streets ; thence southerly and parallel with Bay street to the center of C street; thence easterly along the center of C street to a point midway between Bay and Cedar streets; thence southerly and par- allel with Cedar street to the Center of A street; thence easterly along the center of A street to a point midway between Cedar and Pine streets ; thence southerly and parallel with Pine street, to the center of Twenty-
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430
OAKLAND
DIRECTORY.
sixth street; thence easterly along the center of Twenty-sixth street to a point midway between Pine and Wood streets; and thence southerly and parallel with Wood street to the center of Twenty-second street, the place of beginning ; provided, that if, prior to the redemption of the bonds, the limits of the city shall be extended so as to include within the city other lands which shall require the use of said sewer for drainage, such lands shall also be assessed in like manner for the payment of said bonds and interest ; and provided further, that no improvements or personal property upon said lands or within said district shall be assessed for any of the pur- poses of this Act.
SEC. 9. It shall be the duty of the City Council each year, at the time of levying the tax for municipal purposes, to ascertain the amount re- quired for the payment of the interest on the bonds for the year, and the Assessor of the city shall thereupon assess said lands equally according to area, for said amount, entering such assessment in the assessment roll, in the same manner as the taxes are entered therein, but in a separate col- umn; and such assessment shall be collected at the time and in the man- ner provided by law for the collection of city taxes, and shall be applied to the payment of the interest on said bonds.
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