USA > California > Alameda County > Alameda > Directory of the city of Oakland and the town of Alameda for the year ending 1874 > Part 32
USA > California > Alameda County > Oakland > Directory of the city of Oakland and the town of Alameda for the year ending 1874 > Part 32
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
SEC. 30. If the Assessor, or the Clerk, or Treasurer, or Mar- shal, or the Tax Collector, shall willfully neglect, or refuse, to perform 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 misdemeanor 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 forthwith 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[Sections 32 to 43, inclusive, providing for the collection of de- linquent taxes, are repealed, and superseded by Act of April 4, 1870. See Supplemental II, page 326 ]
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 ordinances; and each and all officers who fail or neglect to per- form all the duties 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
PAGE & JORDAN, Houses rented, 462 Tenth Street near Broadway, Oakland
Fire Insurance on Dwellings and Personal Property made a Specialty; BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway; Houses to Rent.
328
OAKLAND DIRECTORY.
entering 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, together with such recommendations rela- tive 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 exer- cise a supervison 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 violation or neglect of duty, and certify the same to the Council. He shall sign all or- dinances and contracts made in behalf of the city, and counter- sign all licences and warrants on the treasury, and have juris- diction of all violations of the city ordinances, and shall have, within the limits of the city, like jurisdiction as is conferred on Justices 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 belonging to the city, and keep an account of all receipts and expenditures, 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 preceding month, and keep all the papers and documents belonging to the city, attend the meetings of the Council, and keep a journal of their proceed- ings 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 re- turn all processes issued and directed to him by the Justice ör 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 pursu- ance of the ordinances of the Council, and shall attend the meetings of the Council; he shall also perform the duties of Street Commissioner, and do and perform such other duties as may be prescribed by ordinance.
SEC. 48. The officers or persons to whom the receipts or expen- diture of the moneys or funds of the city shall be intrusted, 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 in- sufficient, additional security may be required, and if not given, the Council, by a vote of two thirds of the members, may declare the office vacant, and order a new election.
SEC. 49. All fines and other moneys received by any officer
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HOUSEWORTH'S PHOTOGRAPHIC PARLORS, 12 Montgomery Street, opposite Lick House, S. F.
Ætna Ins. Co. was established in 1819; R. C. GASKILL, Agent, Oakland.
CITY CHARTER. 329
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 rendere l, 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 sccceed to all the legal and equitable rights, claims, and privileges, and shall be subject to all the equal or equitable liabilities and obli- gations, made bona fide, of the Town and City of Oakland. And the City Council shall have full power to maintain suits in proper Courts to recover 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 Oakland, shall be by public auction, to the highest bid- der, 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 re- sponsible 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 Coun- cil, nor any officer of the corporation, shall be directly or indi- rectly interested, nor shall he be security for any person who may be so interested, 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 simi- lar services; and the City Marshal shall be entitled to the same fees as are by law allowed to Constables for similar services, and for all duties required of him except as herein otherwise pro- vided 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
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
Three powerful Fire Insurance Companies operating conjointly in California; BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
330
OAKLAND DIRECTORY.
be thereby absolutely vacated, and the City Council shall there- upon 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 estab- lished, any improvements which may thereafter be made, or erected, or constructed, within the lines of any street contem- plated by said plan or plans, shall not be included in any assess- ment of damages which may be made when the city proceeds to open said streets. Applications 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 places of residence. If the City Council so resolve, it shall direct the City Marshal to give written notice to the owners or the occupants of the land embraced within the lines of said street, or owning or occupying the lands abutting upon the same, which said notice shall briefly state the substance of said petition, and shall require such own- ers or occupants to appear before such Council, at the time which said Council shall designate byresolution, which shall not be less than twenty days from the adoption of such resolution, and not less than ten days after the service of said notice upon said owners or occupants, then and there to state any objections they may have to the opening of said street: provided, however, that whenever the lands embraced within said lines of said streets, or abutting upon the same, are vacant or unoccupied, or the owners or oc- cupants thereof cannot be found within the limits of said city by said Marshal, then, and in that event, it shall be a sufficient serv- ice 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 ap- pear 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 ap- pointed to hear such 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 ad- minister all the necessary oaths or affirmations; and if the party to whom the same is admistered shall willfully, corruptly, and falsely swear touching the matter in issue before said Council, he shall be deemed guilty of perjury, and upon conviction thereof
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THOMAS HOUSEWORTH & CO., Opticians, 9 Montgomery Street, under Lick House, S. F.
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CITY CHARTER. 331
shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years. There- upon, said Council shall separately assess the amount of damages to each person entitled to the same: provided, that if the open- ing of said street or streets shall benefit the lands abutting upon or adjacent to the same, and increase the value thereof, such benefit and increase in value shall be estimated and de- ducted 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 al- lowed them, shall have the right to appeal to the County Court of the County of Alameda, where said question of damages, and none 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, with- in 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 condi- tioned to the effect that the said appellants 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 assessed or allowed by said Council, together with ten per cent. additional 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 de- sire; 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 entitled. If the appellants, or either of them, recover no more in said County Court than the amount allowed or assesssd to him by said Council, together with ten per cent. additional there- to, 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 ap- peal: provided, that if any claimant of damages shall not give
PAGE & JORDAN, Collections made, 462 Tenth St. near Broadway, Oakland
Fire Insurance Policies issued immediately upon application, by BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway ; Loans negotiated.
332
OAKLAND DIRECTORY.
notice of appeal in the manner and within the time hercinbefore specified, then he shall be deemed to have assented to said as- sessment of damages by said Council; and provided, further, that if any occupant or owner of such lands shall fail, after being no- tified 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 supplementary thereto, shall be applica- able, 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 origin- ally brought therein. When the amount of damages shall be finally ascertained and determined, the said Council shall order the City Marshal to pay the amount thereof, to the parties enti- tled 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 Oak- land, 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 affected thereby .- [ Amendment, April 25, 1863.]
For finest Photographs, go to HOUSEWORTH, 9 and 12 Mortgomery Street, S. F.
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 en- titled An Act to incorporate the city of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May four- teenth, 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, an l of the authorities of the City of Oakland, shall in no wise be affected thereby .- [ Amend- ment, April 25, 1863.1
SEC. 59. [Obsolete. ]
PUBLIC STREETS.
AN ACT TO AUTHORIZE THE CITY OF OAKLAND TO IMPROVE THE STREETS, LANES, ALLEYS, COURTS, AND PLACES IN THE SAID CITY, APROVED 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
Send orders for Music to GRAY'S, 625 Clay Street, S. F.
ÆTNA INSURANCE CO. has paid over $39,000,000 Losses in 54 Years.
PUBLIC STREETS.
333
the city, to any expenses therefor, except for the necessary ex- pense 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 of any portion of the streets, lanes, alleys, places, or courts of said city graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized, piled or repiled, capped or recapped, or to order sidewalks, sewers, cesspools, manholes, culverts, curbing and crosswalks, to be constructed therein, and to order any other work to be done which shall be necessary to make and complete the whole or any portion of said streets, lanes, alleys, places or courts; and they may order any of the said work to be improved whenever the interest and convenience of the public will be promoted thereby .- [ Amend- ment, 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 subsequent proceedings of the said Council in relation to the work mentioned in such notices of intention, shall file with the said Clerk a petition of 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 Council, and their decision therein shall be final and conclusive. The owners of more than one half in frontage of the lots and lands fronting on the work proposed to be done, and designated in said resolution (exepting work proposed to be done on Broadway Street in said city), may make written objec- tions to said proposed work within ten days from the first publi- cation of said resolutions. 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 in- dorsed shall be a bar to any further proceedings in relation to said work for a period of six months, unless the owners as afore- said shall sooner petition for the same to be done: provided, that one half or more in width or in length of any street, lying and being between two main street crossings, have been already im- proved as aforesaid, said City Council may order the remainder improved, notwithstanding the objections of property owners fronting thereon. Before passing any ordinance for the con- struction of said improvements, plans, specifications, and care- ful estimates shall be furnished the said City Council by the City Marshal of said City of Oakland if required by them.
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
For information concerning, or rates of, Fire Insurance, apply or write to BABER & ROFF, Agents, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
334
OAKLAND DIRECTORY.
SEC. 4. The owners of more than one half in frontage of lots and land fronting on any street, lane, alley, place, or court mon- 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- 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 de- clare the same, and award the contract for said work, in their discretion, to the lowest responsible bidder : provided, said Coun- cil may reject any and all bids, should they deem it for the pub- lic good, and also the bid of any party who may have proved de- linquent or unfaithful in any former contract with said city. All proposals shall be accompanied by a bond in the sum of one thou- sand dollars, signed by the bidder and by two sureties, who shall justify in the manner hereinafter provided, conditioned to pay to the said City of Oakland the full sum of one thousand dollars, as liquidated damages, if the bidder to whom the contract is awarded shall fail or neglect to enter into a contract as herein- after 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 relieve the contractor from the performance of the conditions of said bond when good cause is shown there- for. All persons (owners included) who shall fail to enter into contracts, as herein provided, are hereby prohibited from bidding a second time for the same work. Notice of such awards shall be published for five days, in the same manner as hereinbefore provided for publication of proposals of such work. The owners of the major part of the frontage of lots and lands liable to be assessed for said work, shall not be required to present sealed proposals, but may, within said five days after first publication of notice of said award, elect to take said work, and enter into a written contract to do the whole work at the price at which the same may have been awarded. Should the said owners fail to commence the work within ten days after the first publication of the notice of said award, and prosecute the same with due dili- gence to completion, it shall be the duty of the City Marshal to enter into a contract with the original bidder to whom the con-
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