Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872, Part 32

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 32
USA > California > Alameda County > Berkeley > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 32
USA > California > Alameda County > Oakland > Directory of the city of Oakland and its environs, including Alameda, Berkeley and Temescal 1872 > Part 32


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SEC. 4. The owners of more than one half in frontage of lots and lands fronting on any street, lane, alley, place, or court men- tioned in section one of this Act, or their duly authorized agents, may petition the said City Council to order any of the work men-


HUNTINGTON, HOPKINS & CO., Agents Jessop & Sons' Steel, Cor, Bush and Market, S. F.


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tioned in section two of this Act to be done, and the said City Council may order the work mentioned in said petition to be done after notice of their intention so to do has been published as pro- vided 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 contemplated. 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 re- ject 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 un- faithful 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 man- ner hereinafter provided, conditioned to pay to the said City of Oakland the full sum of one thousand dollars, as liquidated dam- ages, if the bidder to whom the contract is awarded shall fail or neglect to enter into a contract as hereinafter provided. 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 Treasurer of said city. The City Council shall have power to re- lieve the contractor from the performance of the conditions of said bond when good cause is shown therefor. All persons (owners in- cluded) 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 pro- posals of such work. The owners of the major part of the front- age 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 the 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 the notice 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


JONES, PULLMAN & CO., 116 Sansom St., S. F., Porte Monnaies and Reticules.


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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 timo as the said City Council may give them, the said Marshal shall report such delinquency to the City Council, who may relet the unfinished portion of said work, after having pursued the formalities of this section as stated aforesaid. All such contractors shall, at the time of the execution of the contract, also execute a bond to the satis- faction of the Mayor of said city, with two or more sureties, pay- able to the City of Oakland, in such sums as the said Mayor shall deem adequate, conditioned for the faithful performance 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 suf- fering 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 con- tracts 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 delinquency of persons or property assessed. The assessment and apportionment of the expenses of all such work in the mode herein provided shall be made by the said Marshal.


SEC. 7. ( Subdivision One.) The expenses incurred for any work authorized by section two of this Act shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifi- cally 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 Two.) The expenses of all improvements, except


HUNTINGTON, HOPKINS & CO., Wholesale Hardware and Iron, Cor. Bush and Market, S. F.


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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 Department 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 sepa- rately assessed according to its proportion of frontage on the said main streets.


( Subdivision Four.) Where a main street terminates in another main street, the expense 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 sub- division street crossings shall be assessed upon the lots fronting upon such small streets, on each side thereof, in all directions, half way to the next street, place, or court, on either side, respect- ively, or to the end of such street, if it does not meet another.


( Subdivision Seven.) Where a small street, lane, alley, place, or court, terminates 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 terminating, 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 improve- ments 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 formal- ities required by this Act.


( Subdivision Nine.) Where any work mentioned in section


JONES, PULLMAN & CO., 116 Sansom St., S. F., Assortment Pipes and Stems.


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two of this Act (sewers, manholes, cesspools, culverts, crosswalks, crossings, curbings, grading, curbing, piling, and capping, excepted) is done on one side of the centre line of said streets, lanes, alleys, places, or courts, the lots or portions of lots fronting on that side only shall be assessed 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 supplementary 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 nineteeth, eighteen hun- dred and fifty-nine, shall not be applicable to the provisions of this section, but the property therein 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 contract 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 pro- visions of the preceding section, 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 decis- ion, 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 num- ber 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 con- tract, the steps taken previous thereto, and the record of the assess- ments, and must be satisfied that the proceedings have been fair and legal. The said warrant shall be substantially in the following form :


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


HUNTINGTON, HOPKINS & CO., Wholesale Hardware and Iron, Cor. Bush and Market, S. F.


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of the authority vested in me as said Marshal, do authorize and empower ( name of contractor ) (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 ) war- rant 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 per- son making such payment, and shall also give a separate re- ceipt if demanded. Whenever the persons 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 contractor or his assigns, or some person in his or their behalf, shall publicly demand payment on the


premises assessed. The e 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 re- main 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 assessment, 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 pur-


JONES, PULLMAN & CO., 116 Sansom St., S. F., General Stock Small Wares.


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pose 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 discharge 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. thence- forth have no lien upon the property assessed ; provided, however, that in case any warrant is lost, upon proof of such loss, a dupli- cate 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 assess- ment, feeling aggrieved by any act or determination of the Mar- shal 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 proceedings 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 determina- tions 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 di- rect the Marshal to correct the warrant, assessment or diagram in any particular, or to make and issue a new warrant, assess- ment, 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 entitled to an appeal under the provisions of this section, as to all errors, in- formalities and irregularities which said City Council might have


HUNTINGTON, HOPKINS & CO., Importers Hardware and Iron, Cor. Bush and Market, S. F.


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remedied and avoided ; and no assessment shall be held invalid, except upon appeal to the City Council, as provided in this sec- tion, for any error, informality, or other defect in any of the pro- ceedings prior to the assessment, 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 ac- tually 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 corrected, 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 own 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 re- cover the amount of any assessment remaining due and unpaid, with interest thereon, as hereinbefore 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 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 execution or de- cree, 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 assessments, the proceedings therein shall be governed and regu- lated by the provisions of this Act, and also, when not in con- flict 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 forthwith any of the work mentioned in section


JONES, PULLMAN & CO., 116 Sansom St., S. F., Best Paper and Linen Collars.


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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 prose- cuted to completion, 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 Marshal, 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 sec- tion nine of this Act, and may be enforced in the same manner.


SEC. 14. If the expenses of the work and material for such im- provements, after the completion thereof, be not paid to the con- tractor 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 has 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 neglecting 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 prosecu- tion in the name of the The People of the State of California, in the court having jurisdiction thereof, and 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 posses- sion 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 de- fined to be the owner shall be personally liable for the payment 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 to the contractor, for improvements to cover the expense of any




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