Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872, Part 31

Author: Langley, Henry G
Publication date: 1872
Publisher: Oakland [Calif.] : Strickland & co. ; San Francisco : H.G. Langley
Number of Pages: 416


USA > California > Alameda County > Alameda > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 31
USA > California > Alameda County > Berkeley > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 31
USA > California > Alameda County > Oakland > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 31


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SEC. 23. The Tax Collector shall, on the first Monday in each month, return to the Clerk a list of all collections made under the preceding section, and it shall be the duty of the Clerk to mark the word " paid " on the original, or subsequent assessment roll, opposite the name of each party whose taxes are so paid, as soon as the same shall have been delivered to him.


SEC. 24. The Tax Collector, upon receiving the assessment roll, or the duplicate thereof, shall proceed to collect the taxes, and shall forthwith give notice, by publication in a newspaper, if there be one published in the city, and if not, by posting three notices in three public and conspicuous places in the city, that the city taxes are due and payable, and that 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, oppo- site 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 sub- division entered on the assessment roll ; provided, always, that an owner of any undivided real estate may pay the proportion of taxes due on his interest therein.


[Sections 26 to 28 inclusive are superseded by the following :]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 Collector of the City of Oakland, and of the County of Alameda shall, at the close of their official business for the day,


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enter upon the tax list or assessment roll for said city and for said county, respectively, the statement 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 said city, respectively. (Amendment, January 26, 1872.) It shall be the duty of the Controller of 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 Treasurer 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 December, 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 pub- lished as hereinafter provided ; and after the said list is completed and published, the respective Tax Collectors shall collect, in addi- tion 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 taxpayer ; 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 Col- lectors 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 pub- lication, and the control and direction thereof, shall be the duty of the Mayor, Clerk and Tax Collector of the City of Oakland, or of any two of them, and of the Auditor, Clerk and Tax Collector of the County of Alameda, or of any two of them.


SEC. 4. The provisions of the Acts regulating the collection of delinquent 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 Chapter vii., Political Code, 1872.]


JONES, PULLMAN & CO., 116 Sansom St., S. F., White Goods.


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OAKLAND DIRECTORY.


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 manner 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 Mar- shal, or the Tax Collector, shall willfully neglect, or refuse, to per- form 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 mis- demeanor 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 forth- with become vacant.


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.


*


*


[Sections 32 to 43 inclusive, providing for the collection of delinquent taxes, are repealed, and superseded by Act of April 4, 1870. See Supplemental II, page 306.]


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 ordinance, and each and all officers who fail or neglect to perform all the du- ties imposed upon them, shall be liable upon their official bond, to the city, or to any party aggrieved.


SEC. 45. The Mayor elected under this charter shall, before en- tering 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 situation and condition of the city, to- gether with such recommendations relative 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 control over the conduct of all subordinate officers, and receive and examine into all such complaints as may be preferred against any of them, for viola- tion 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,


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within the limits of the city, like jurisdiction as is conferred on Jus- tices of the Peace. He shall have power to administer oaths and affirmations, and shall act as City 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 be- longing to the city, and keep an account of all receipts and expend- itures, 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 preceeding 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 ordi- nances of the Council; and shall attend the meetings of the Coun- cil ; he shall also perform the duties of Street Commissioner, and do and perform such other duties as may be prescribed by ordi- nance.


SEC. 48. The officers or persons to whom the receipts or expend- iture of the moneys or funds of the city shall be entrusted, shall give security in such amount as the Council may require, payable to the city, and subject 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 va- cant, and order a new election.


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 Coun- cil shall have full power to maintain suits in proper Courts to re- cover 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


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Oakland, 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 in- terested, nor shall he be security for any person who may be so in- terested, 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.


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 al- lowed 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 prescribed 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 va- cated, and the City Council shall thereupon fill the vacancy.


SEC. 57. The City Council shall, when they may deem the same necessary, 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 im- provements which may thereafter be made, or erected, or con- structed, 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. Ap- plications 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


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places of residence. If the City Council so resolve, it shall direct the City Marshal to give written notice to the owners or the occu- pants of the land embraced within the lines of said street, or own- ing 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 before such Council, at the time which said Council shall designate by resolution, which shall not be less than twenty days from the adoption of such re- solution, and not less than ten days after the service of said notice upon said owners or occupants, then and there to state any objec- tions they may have to the opening of said street ; provided, how- ever, 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 cannot 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 said parties as aforesaid. Upon such designated 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 parties, 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 Council shall have power to administer all the necessary oaths or affirmations, and if the party to whom the same is ad- ministered shall wilfully, corruptly, and falsely swear touching the matter in issue before said Council, he shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprison- ment in the State Prison for any term not less than one nor more than fourteen years. Thereupon, said Council shall separately as- sess the amount of damages to each person entitled to the same ; provided, that if the opening of said street or streets shall bene- fit the lands abutting upon or adjacent to the same, and increase the value thereof, such benefit and increase in value shall be es- timated 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 respecting 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


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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 appel- lants 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 as- sessed or allowed by said Council, together with ten per cent. ad- ditional 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 en- titled. 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 of this State, and the Acts amendatory thereof and sup- plementary thereto, shall be applicable, so far as the same are not inconsistent with this Act. There shall be 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


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amount of damages shall be finally ascertained and determined, the said Council shall order the City Marshal to pay the amount there- of to the parties entitled thereto, and upon 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 affect- ed 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 fifteenth, 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 Oak- land, shall in no wise be affected thereby. (Amendment, April 25, 1863.)


SEC. 59. [Obsolete.]


PUBLIC STREETS.


AN ACT TO AUTHORIZE THE CITY COUNCIL OF 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 empow- ered to order the whole or any portion of the streets, lanes, alleys,


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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, cess- pools, 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 con- venience 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 expiration 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 subse- quent proceedings of the said Council in relation to the work men- tioned in such notices of intention, shall file with the said Clerk a petition or remonstrance, 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 Coun- cil, 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 proposed work within ten days from the first publication of said resolution. Said objections shall be delivered to the Clerk of the said City Council, who shall indorse thereon the date of their reception by him ; and such objections so indorsed shall be a bar to any further proceedings in relation to said work for a period of six months, unless the owners as aforesaid 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.




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