USA > California > Alameda County > Alameda > Directory of the city of Oakland and the town of Alameda for the year ending 1874 > Part 33
USA > California > Alameda County > Oakland > Directory of the city of Oakland and the town of Alameda for the year ending 1874 > Part 33
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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
First Premium to Guild, Church & Co.'s Pianos at GRAY'S, 625 Clay St., S. F.
Maps copied, Views of Buildings made to order, by HOUSEWORTH, 9 and 12 Montgomery Street, S. F.
ÆTNA INS. CO. has Cash Capital of $3,000,000; Cash Assets over $6,000,000.
PUBLIC STREETS.
335
tract was awarded, and at the prices the same may have been awarded him ; but if such bidder neglects for fifteen days after the first publication of the notice of said award, to enter into the 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 time 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 satisfaction of the Mayor of said city, with two or more sureties, payable to the City of Oakland, in such sums as the said Mayor shall deem adequate, conditioned for the faithful performance of the con- tract, 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 Marshall 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 therefore 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 specifically provided ; each lot or portion of a lot being separately assessed in proportion to the frontage, at a rate per front foot sufficient to cover the total expenses of the work.
Subdivision Two-The expenses of all improvements, except such as are done by contractors under the provisions of section
PAGE & JORDAN, Loans negotiated, 462 Tenth St. near Broadway, Oakland.
For Fire Insurance in strong Companies, apply to BABER.& ROFF, Agents, Broadway and Tenth, Oakland.
E. W. WOODWARD, 952 Broadway ; Bargains in Oakland Property.
336
OAKLAND DIRECTORY.
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 adjoin- ing and cornerning upon the crossing ; and each lot or part of a lot in such quarter blocks fronting on such main streets shall be separatelv assessed according to its proportion of frontage on the said main streets.
Subdivision Four -- Where a main street terminates in another main street, the expenses of the work done on one half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said main streets, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street opposite such termination.
Subdivision Five-Where any small or subdivision street crosses a main street, the expense of all work done on said cross- ing 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 front- age 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 termina- tion.
Subdivision Eighth-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 for- malities required by this Act.
Subdivision Nine-Where any work mentioned in section two of this Act (sewers, manholes, cesspools, culverts, crosswalks, crossings, curbings, grading, curbing, piling, and capping, ex-
Old Pianos taken in Exchange at GRAY'S, 625 Clay Street, S. F.
Improve your sight with HOUSEWORTH'S PEBBLE SPECTACLES, 9 Montgomery Street, S. F.
Phoenix Insurance Co. (Fire) of Hartford, BABER & ROFF, Agents, Broadway and Tenth, Oakland.
R. C. GASKILL, Agent of the Ætna Ins. Co .; Office, 917 Broadway, Oakland.
PUBLIC STREETS. 337
cepted) is done on one side of the center line of said streets, lanes, alleys, places, or courts, the lots or portions of the lots fronting on that side only shall be 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 sup- port of the government of this State, approved April twenty- ninth, eighteen hundred and fifty-seven, approved April nine- teenth, eighteen hundred aud fifty-nine, shall not be appli- cable to the provisions of this section, but the property herein mentioned shall be subject to the provisions of this Act, and to be assessed for work done under the provisions of this sec- tion.
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 con- formity with the provisions of the preceding section, according to the character of the work done, or if any direction and de- cision shall be given by said Council on appeal, then in conform- ity with such direction and decision, which assessment shall briefly refer to the contract, the work contracted for and per- formed, and shall show the amount to be paid therefor, together with the incidental expenses, if any, the rate per front foot as- sessed, the amount of each assessment, the name of the owner of each lot or portion of a lot, (if known to the Marshal), if un- known, 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 as- sessed for said work contracted for and performed.
SEC. 9. To said assessment shall be attached a warrant, which shall be signed by the Marshal, and countersigned by the Mayor of said city, who, before countersigning it, shall examine the contract, the steps taken previous thereto, and the record of the assessments, and must be satisfied that the proceedings have been fair and legal. The said warrant shall be substantially in the following form :
FORM OF THE WARRANT.
" By virtue hereof, I [name of Marshal] Marshal of the City of Oakland, County of Alameda, and State of California, by virtue of the authority vested in me as said Marshal, do authorize and empower [name of contractor] [his or their] agents or assigns, to
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
22
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
338
OAKLAND DIRECTORY.
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 dia- gram, all persons mentioned in section cleven 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 re- ceive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assess- ments.
SEC. 10. The contractor or his assigns, or some person in his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made, the contractor, his assigns, or some person in his or their behalf, shall receipt the same upon the assessment in presence of the person making such payment, and shall also give a separate re- ceipt if demanded. Whenever the person so assessed or their agents cannot conveniently be found, or whenever the name of the owner of the lot is stated as " unknown " on the assessment, then the said contractor or his assigns, or some person in his or their behalf, shall publicly demand payment on the premises assessed. The warrant shall be returned to the Marshal within thirty days after its date, with a return endorsed thereon, signed by the contractor or his assigns, or some person in his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain unpaid, in whole or in part, and the amount thereof. Thereupon the Marshal shall record the return so made, in the margin of the record of the warrant and assessment, and also the original con- tract referred to therein; if it has not already been recorded, at full length, in a book to be kept for that purpose in his office, and shall sign the record. The said Marshal is authorized at any time to re- ceive 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,
Hear the GUILD, CHURCH & CO.'S PIANOS at Gray's, 625 Clay St., S. F.
Have your Photograph taken by HOUSEWORTH, 12 Montgomery Street, opposite Lick House, S. F.
Ætna Insurance Co. of Hartford, R. C. GASKILL, Agent, 917 Broadway.
PUBLIC STREETS.
339
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 assess- ment 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 re- turn his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property as- sessed; provided, however, that in case any warrant is lost, upon proof of such loss, a duplicate can be issued, upon which a re- turn may be made, with the same effect as if the original had been so returned. After the return of the assessment and war- rant 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, determina- tion 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 Coun- cil in relation thereto, at their option. All the decisions and de- terminations 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, informalities and irregularities which said City Council might have remedied and avoided; and no assessment shall be held in- valid, except upon appeal to the City Council, as provided in this section, for any error, informality, or other defect in any of the proceedings prior to the 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 actually published in a newspaper of said city for the length of time prescribed by law, before the passage of the
Home Insurance Co. (Fire) of New York, BABER & ROFF, Agents, Broadway and Tenth, Oakland.
PAGE & JORDAN, Ag'ts Hartford Fire Ins. Co., 462 Tenth nr Broadway, Oak'd.
E. W. WOODWARD, 952 Broadway, Ag't Royal Ins. Co .; Capital $10,000,000.
340
OAKLAND
DIRECTORY.
resolution ordering the work to be done .- [ Amendment, March 29,1870.]
HOUSEWORTH'S SALES ROOM, 9 Montgomery Street, S. F.
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 as- signee 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 there- after, during the continuance of the lien of said assessment, and recover 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 Judical District, and on all sums less than three hundred dollars, in the Police Court of the City of Oakland. The said warrant, assessment, and dia- gram, 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 conflict herewith, by the Civil Practice Act of this State. This Act shall be liberally construed to effect the ends of justice .- [ Amendment, March 29, 1870.]
SEC. 13. The Marshal of said city may require, at his option, by notice in writing to be delivered to them personally, or left on the premises, the owners, tenants, or occupants of lots or por- tions of lots liable to be assessed for work done under the provis- ions of this Act, to improve forthwith any of the work mentioned in section two of this Act, in front of the property of which he is the owner; tenant, or occupant, to the centre of the street, or otherwise, as the case may require, specifying in said notice what improvement is required. After the expiration of three days, the said Marshal shall be deemed to have acquired jurisdiction to contract for the doing of the work or improvements required by said notice. If such improvement be not commenced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the said Marshal may enter into a contract with any suitable person applying to
Best Piano Tuners at GRAY'S, 625 Clay Street, S. F ..
Great Fires prove the Strength of the ÆTNA INSURANCE COMPANY.
PUBLIC STREETS.
341
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 section nine of this Act, and may be enforced in the same manner.
SEC. 14. If the expenses of the work and material for such improvements, after the completion thereof, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor or his assigns shall have the right to sue the owner, tenant, or occupant, under the provisions of this Act, for the amount contracted to be paid; and the certificate of the Mar- shal that the work has been properly done, and that the charges for the same are reasonable and just, shall be prima facie evi- dence of the amount claimed for said work and materials, and of the right of the contractor torecover 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 ordi- nance, to prescribe the penalties that shall be incurred by any owner or person liable or neglecting or refusing to make improve- ments when required, as provided in section thirteen of this Act, which fines and penalties shall be recovered for the use of the city by prosecution in the name of The People of the State of California, in the court having jurisdiction thereof, may be ap- plied, if deemed expedient by the said Council, in payment of the expenses of any such improvements, when not otherwise pro- vided for.
SEC. 16. The person owning the fee, or the person in possession of lands, lots, or portions of lots, or buildings under claim, or exercising acts of ownership over the same, shall be regarded, treated, and deemed to be the " owner," (for the purpose of this law) according to the intent and meaning of that word as used in this Act. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner, and the person so defined to be the owner shall be personally liable for the pay- ment of any charge or assessment lawfully made or assessed upon said lands, lots, or portions of lots, by said Marshal, or con- tracted to be paid to the contractor, for improvements to cover the expense of any work done under and authorized by the pro- visions of this Act.
SEC. 17. Any tenant or lessee of the lands or lots liable may pay the amount assessed against the property of which he is the tenant or lessee under the provisions of this Act, or he may pay the price agreed on to be paid under the provision of section thirteen of this Act, either before or after suit brought, together with costs, to the contractor or his assigns, or he may redeem the property if sold on execution or degree, for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due and to become due from him,
PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.
North British & Mercantile Insurance Co. (British) BABER & ROFF, Agents, Broadway and Tenth, Oakland.
E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.
342
OAKLAND DIRECTORY.
and for any sum so paid beyond the rents due from him, he shall have a lien upon and may retain possession of the said lands and lots until the amount so paid and advanced be satisfied, with legal interest, from accruing rents or by payment by the owner.
SEC. 18. The records kept by the Marshal of said city in con- formity with the provisions of this Act, and signed by him, shall have the same force and effect as other public records, and copies therefrom, duly certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge.
SEC. 19. Notices in writing which are required to be given by the Marshal under the provisions of this Act may be served by any Constable, with the permission of the Marshal and the fact of such service shall be verified by the oath of the person making it, taken before the Marshal, (who, for that purpose, is hereby authorized to administer oaths) Mayor, or any Judge or Justice of the Peace, or such notices, whether verbal or written, may be delivered by the Marshal himself. The Marshal shall keep a record of the fact of giving such notices, when delivered by him- self personally, and also, of the notices and proof of service, when delivered by any other person.
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