The San Francisco Directory, 1874, Part 238

Author:
Publication date: 1874
Publisher: San Francisco : Langley, Henry G.
Number of Pages: 1128

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EDWARD BOSQUI & CO., Stationers, Printers, and Bookbinders, corner of Clay and Leidesdorff Streets.

C. P. VAN SCHAACK & CO., 708, 712, 714, and 716 Kearny St., Importers and Jobbers.

CONSOLIDATION ACT.

863

authorized to lease for a term of twenty years that portion of the one hundred-vara school lot, number one hundred and twenty-eight, on the southeast corner of Market and Fifth streets, in said city and county, two hundred and seventy-five feet on Market Street, by a uniform depth of one hundred feet, more particularly described as follows : commencing at a point on the southeast corner of Fifth and Market streets, in said City of San Francisco, thence along the southeast line of Market Street in an easterly and northerly direction two hundred and seven- ty-five feet ; thence at right angles, parallel with Fifth Street, in a southerly and easterly direction one hundred feet ; thence at right angles, parallel with the first mentioned bound two hundred and seventy-five feet to Fifth Street ; thence along Fifth Street one hundred feet to the point of beginning.

Before leasing said lot of land, said Board shall advertise for a period of thirty days, in two daily newspapers, in said city and county, soliciting sealed proposals for the use of said lot, either as a whole or divided into smaller plots, as the said Board of Supervisors shall deem for the best interests of the said city and county for the time mentioned. Said proposal shall be received and opened in open session of said Board of Supervisors, and the lot shall be leased to the highest responsible bidder or bidders, provided that said Board shall have the right to reject any or all proposals for said lease or leases, as the public good may require ; and further provided, that said Board shall not have authority to lease said lot on terms less than the fol- lowing : for the first five years at the average price of four dollars per front foot on Market Street per month ; for the second five years at the average price of six dollars per front foot on Market Street per month ; for the third five years at the average price of eight dollars per front foot on Market Street per month, and for the fourth five years at the average price of ten dollars per front foot on Market Street per month. Said proposals shall state, specifically, the amount per month per front foot on Market Street, that the bidder will pay for the use of said property in accordance with the terms of the advertisement of the Board of Supervisors ; and if the said Board of Supervisors shall offer said property in separate plots, said bidders shall state distinctly upon which of said plots their bids are made.

SEC. 2. The money accruing from the lease of the lot mentioned in the first section of this Act shall pe paid, monthly, in United States gold coin to the Board of Supervisors of the City and County of San Francisco, and shall be immediately deposited in the treasury of said city and county, and shall constitute a Special Fund to be used for the sole purpose of paying the prin- cipal and interest of the school bonds authorized to be issued under the third section of this Act, and any surplus remaining after payment of said principal and interest shall be a Special School Fund, and the Board of Supervisors is hereby authorized to expend the same for the sole pur- pose of purchasing school sites and erecting school houses.

SEC. 3. The Mayor, Auditor, and Treasurer of the City and County of San Francisco are hereby authorized and required to issue school bonds for school purposes from time to time, in the total sum of two hundred thousand dollars, said bonds shall be payable in twenty years from the first day of July, one thousand eight hundred and seventy-four, and shall bear in- terest at the rate of six per cent. per annum, which interest shall be payable on the first days of July and January in the City and County of San Francisco; said bonds shall be signed by the Mayor, Auditor, and Treasurer of said city and county, and the coupons attached to said bonds shall be signed by said Treasurer.

SEC. 4. The principal and interest of the said bonds shall be payable in gold coin of the United States of America, and the faith and credit of the City and County of San Francisco are hereby pledged for the redemption of said bonds and the payment of the principal and in- terest in said gold coin of the United States of America, as set forth in this Act.

SEC. 5. As soon as said bonds are issued the Treasurer of said city and county is hereby authorized and empowered to sell the same to the highest bidder therefor for cash in gold coin of the United States, after having first advertised the same for four weeks in two daily news- papers in said city and county, and the proceeds thereof shall be immediately placed in the treasury of said city and county and constitute a Special School Fund, and the Board of Super- visors of the City and County of San Francisco is hereby authorized to expend the proceeds of said bonds for the sole purpose of purchasing school sites and erecting school buildings. The Mayor, Auditor, and Treasurer of said city and county are hereby authorized to reject any and all bids for said bonds as the public good may require.

SEC. 6. The principal and interest of said bonds shall be paid when due by the Treasurer of said City and County of San Francisco from the moneys received from the lease of the school lot on the corner of Market and Fifth streets in said city and county, as provided in the first and second sections of this Act; and if, at any time, through default in the payment of rent or from other cause, said special fund shall be found insufficient to meet said interest or principal it shall become the duty of the Board of Supervisors to pay the same out of the General Fund and to levy a tax sufficient to meet the deficiency.

SEC. 7. Whenever and as often as there shall be funds in the treasury of said city and county to the credit of the Sinking Fund, provided in section two of this Act, amounting to ten thousand dollars, it shall be the duty of the Treasurer of said city and county to advertise from time to time for thirty days in two daily newspapers published in the City and County of San

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864

SAN FRANCISCO DIRECTORY.

Francisco for proposals to surrender said bonds upon the best terms, not exceeding their par value, and report the same to the Commissioners of the Sinking Fund, who shall immediately thereafter order paid the amount necessary to redeem the bonds so offered and shall issue de- mands therefor in the usual form. The Auditor of said city and county is authorized and re- quired to audit and the Treasurer to pay the same out of the Sinking Fund in his hands set apart therefor; and if such proposals to surrender bonds do not equal the amount of such Sink- ing Fund, then the Commissioners of the Sinking Fund shall have power to loan any balance remaining thereof upon the security of any bonds of the City or of the City and County of San Francisco or of the State of California or of securities of the United States at the best rates of interest obtainable therefor; such interest when paid to be entered by the Treasurer to the credit of the Sinking Fund for the redemption of said bonds.

SEC. 8. All Acts and parts of Acts, so far as they are inconsistent with the provisions of this Act, are for the purposes of this Act hereby repealed.

SEC. 9. This Act shall take effect and be in force from and after its passage.

ARTICLE IV. PUBLIC STREETS AND HIGHWAYS.

[Sections 36-64, inclusive, of the original Act are repealed by the following, which is substituted therefor:] An Act repealing Article Fourth of an Act entitled "An Act to repeal the several Charters of the City of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to consoli- date the Government thereof," approved the nineteenth day of April, eighteen hundred and fifty-six, and all Acts and parts of Acts amendatory thereof und supplementary thereto, and substituting this Act for said Article Four .- Approved April 1, 1872.

SECTION 1. All the streets, lanes alleys, places or courts, as laid down on the map now in the office of the City and County Surveyor of the City and County of San Francisco, which was made official by the Board of Supervisors of said city and county, as per order number six hundred and eighty-four, January thirtieth, eighteen hundred and sixty-six, signed by George C. Potter and Thaddeus R. Brooks, and on the map now in the office of the said City and County Surveyor, which was made official by the said Board of Supervisors, as per order num- ber nine hundred and sixty-six, October twenty-fifth, eighteen hundred and seventy, and all other streets, lanes, alleys, places, or courts, now dedicated or open to public use, are hereby declared to be open public streets, lanes, alleys, places, or courts, for the purpose of this law, and the said Board of Supervisors are hereby invested with jurisdiction to order any of the work mentioned in section three of this Act, to be done on any of said streets, lanes, alleys, places, or courts, when the grade and width of said streets, lanes, alleys, places, or courts, have been officially established, and for the purpose of this Act the grade of all intermediate or in- tersecting streets, lanes, alleys, places, or courts, in any one block, shall conform to the grades as established of the crossings of the main streets.

SEC. 2. All streets, lanes, alleys, places, or courts, now open or which may hereafter be open to public use, shall be deemed and held to be open public streets, lanes, alleys, places, or courts, for the purposes of this Act, and the Board of Supervisors shall have the same jurisdic- tion to order work to be done thereon as is conferred upon them by section one of this Act.

SEC. 3. The Board of Supervisors are hereby authorized and empowered to order the whole or any portion of the said streets, lanes, alleys, places, or courts, graded or regraded to the offi- cial grade, planked or replanked, paved or repaved, macadamized or remacadamized, piled or repiled, capped or recapped, and to order sidewalks, sewers, cesspools, manholes, culverts, curbing, and cross-walks to be constructed, 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. The work pro- vided for in this Act shall not be deemed to be " specific improvements," within the meaning of section sixty-eight, Article V, of chapter one hundred and twenty-five of the Act entitled " An Act to repeal the several Charters of the City and County of San Francisco, and to Es- tablish the Boundaries of the City and County of San Francisco, and to Consolidate the Gov- ernment thereof," approved April nineteenth, eighteen hundred and fifty-six, nor shall the ordinances or resolutions passed by the Board of Supervisors under the provisions of this Act be deemed to be such ordinances or resolutions as are mentioned in said section sixty-eight.

SEC. 4. The Board of Supervisors may order any work authorized by section three 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 Board of Supervisors, has been published for the period of ten days in the paper doing the printing under this law, and also in two daily news- papers, one of which newspapers shall be published as a morning edition, and one as an even- ing edition, printed and published in said city and county for ten days, Sundays and non-ju- dicial days excepted: provided, that no such notice shall be given or order made for the

* Whenever street work or grading of any street or part thereof may be deemed necessary by the Board of Supervisors of the City and County of San Francisco, on a portion of any street in front of any lot owned or possessed by the Government of the United States, said Board shall have power to order the whole or any portion of such street in front of any such lot to be graded, paved, planked, or repaired, any law to the contrary notwithstanding .- [Act March 31, 1806.]

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EDWARD BOBQUI & CO., Paper Rulers, Leidesdorff Street, corner of Clay.

C."P.IVAN SCHAACK & CO., 708, 712, 714, and 716 Kearny St., Importers and Jobbers.

CONSOLIDATION ACT.

865

grading of any street mentioned in section three of this Act, unless the majority of the frontage of the lots and land fronting on the work proposed to be done, and described in said resolu- tion, or which is to be made liable for such grading, except public property, shall have been represented by the owners thereof, or by their agents, in a petition to the said Board of Super- visors, stating that they are the owners and in possession, or agents of the lots named in the petition, and also requesting that such improvements or street work shall be done ; and for any other character of street improvements the Board of Supervisors shall have power, without pe- tition of the property owners, to give the notice prescribed in this section to be published in the manner herein before provided, and to order the said work to bedone. All owners of lands or lots or portions of lots, who may feel aggrieved, or have objections to the ordering of the work described in said notice, or who may have objections to any of the subsequent proceedings of the said Board of Supervisors in relation to the work mentioned in such notices of intention, or may have any objections to any of the acts of the Superintendent of Public Streets, High- ways, and Squares of the City and County of San Francisco, in the discharge of any of the obli- gations or duties imposed upon him by virtue of his office, shall file with the Clerk of the said Board of Supervisors a petition or remonstrance, wherein they shall set forth in what respect they feel aggrieved, or the acts or proceedings to which they object, which petition or remon- strance shall be passed upon by said Board of Supervisors, and their decision thereon shall be final and conclusive ; but said Board of Supervisors shall not order the work described in said notices to be done unless all objections and protests that may have been presented and filed as aforesaid shall have been by them disposed of. Should the owners or agents of more than one half in frontage of the lots and lands fronting on the work proposed to be done, and designated in said notice or resolution, or liable to be assessed for work, file with the Clerk of the Board of Supervisors written objections against any grading described in said notice, at any time before the expiration of the publication of said notice of intention and his publication thereof as hereinbefore provided, then and thereupon the said Board of Supervisors shall be barred from proceeding further for the period of six months, and the said Board of Supervisors shall not renew the notice of intention for doing any grading so protested against within six months, unless the owners or agents of a majority of the frontage of the lots and lands fronting on said grading or liable to be assessed therefor as aforesaid, shall petition anew for the work to be done. At the expiration of any notice of intention, the Board of Supervisors shall be deemed to have acquired jurisdiction to order any work to be done which is authorized by section three of this Act, except as hereinbefore provided ; and it is further provided, that where any public street shall have been graded, or graded and macadamized, or graded and paved, for the distance of two or more blocks upon each side thereof of any one or more blocks or cross- ing of a street which is not improved, it shall be the duty of the Board of Supervisors, upon the recommendation of the Superintendent of Public Streets, Highways, and Squares, to order the notice provided in this section to be given without the petition provided first aforesaid; and if the owners of three fourths of the frontage of the land and lots fronting on such portions of said streets to be graded or improved shall, within the time prescribed in said notice, file writ- ten objections to the improvement of the said street, the Board of Supervisors shall duly con- sider said objections before ordering said work; and if said Board of Supervisors shall decide and declare by an entry in the minutes of said Board of Supervisors that the objections so made are not good, thereupon the Board of Supervisors shall be deemed to have acquired jurisdiction to order any such street work to be done that is prescribed in said notice and in section three of this Act : provided, further, that when one half or more of the grading, planking, macadam- izing, paving, sidewalking, or sewering of any one street lying between two main street cross- ings has been already performed, the Board of Supervisors may order the remainder of such grading, planking, macadamizing, paving, sidewalking, or sewering to be done, notwithstand- ing the objections of any or all of the property owners.

SEC. 5. The owners of more than one half in frontage of lots and lands fronting on any street, lane, alley, place, or court mentioned in sections one and two of this Act, or their duly authorized agents, may petition the said Board of Supervisors to order any of the work men- tioned in section three of this Act to be done. And the said Board of Supervisors may order the work mentioned in said petition to be done, after notice of their intention so to do has been published, as provided in section four of this Act. No order or permission shall be given to grade or pile and cap any street, lane, alley, place, or court, in the first instance, or any portion thereof, without extending and completing the same throughout the whole width of such street, lane, alley, place, or court. When any such work has heretofore been done, or when any such work shall hereafter be done in violation of this section, neither the lots, or portions of lots, in front of which such work has been or may be done hereafter, nor the owners thereof, shall be exempt from assessment made for the payment of the work afterward done to complete said street, lane, alley, place, or court, to its full width, as provided in section eight of this Act.

SEC. 6. Before the awarding of any contract by the Board of Supervisors for doing any work authorized by section three of this Act, the Clerk of the Board of Supervisors shall cause notice to be conspicuously posted in the office of the Superintendent of Public Streets, High- ways, and Squares, and also published for five days, inviting sealed proposals for the work con-

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866

SAN FRANCISCO DIRECTORY.

EDWARD BOSQUI & CO., Stationers, Printers, and Bookbinders, corner of Clay and Leidesdorff Streets.

templated ; which notice shall specify the time within which said work is to be performed, and shall contain specifications to be furnished by said Superintendent of Public Streets, Highway's, and Squares, substantially in the manner now adopted by the said Clerk of said Board of Super- visors ; and all notices, resolutions, and orders required to be posted or published, under the provisions of this law, shall be posted or published, or both posted and published, as the law may require, by said Clerk, as a matter of course, and without any special direction or authority from the said Board of Supervisors. Prior to the publication of the notice herein before provided, the Superintendent of Public Streets, Highways, and Squares shall furnish specifications for the performance of any and all street work ordered by the Board of Supervisors, and authorized by section three of this Act, in which specifications shall be given and the time within which the con- tract must be completed. All proposals shall be delivered to the Clerk of the Board of Super- visors, and said Board of Supervisors shall, in open session, open, examine, and publicly declare the same, and shall award said work to the lowest responsible bidder; and all bids shall be for a price payable in gold coin of the United States: provided, said Board of Supervisors may reject any and all bids, should they deem it for the public good ; and also may reject the bid of any party who may be proved delinquent or unfaithful in any former contract with said city and county. And if all bids shall be rejected, the said Board of Supervisors shall direct the Clerk of said Board of Supervisors to again post said notice, and publish the same, as in the first instance. All proposals shall be accompanied with a check, payable at sight, on a bank or banking house in said city and county, duly certified, for the sum of five hundred dollars, United States gold coin, payable to the order of the Clerk of the Board of Supervisors, and to be approved by him; and if the bidder, to whom the contract was awarded, shall, for ten days thereafter, fail or neglect to enter into a contract, as hereinafter provided, and to commence said work within five days thereafter, it shall be the duty of said Superintendent of Public Streets, Highways, and Squares, to certify such failure on the part of said bidder, to the Clerk of the Board of Supervisors, who shall thereupon draw the money due on said check and pay it over to the Treasurer of the City and County of San Francisco, to be by him placed to the credit of the Street Department Fund. It is further provided, that all persons, owners included, who shall fail to enter into any contract as herein provided, or to complete the contracts entered into, are hereby prohibited from bidding a second time for the same work; and in case of owners, they are hereby prohibited from electing to take the same work a second time, and from entering into any contract concerning the same. Notice of such award shall be published for three days (Sundays and non-judicial days excepted), and within five days after the first publication of said award, the owners of a majority of the frontage of lots and lands liable to be assessed for said work, or their agents, and who shall make oath that they are such owners, or the agents of such owners, may elect to do the said work, and enter into a written contract to do the whole work at the price for which the same is awarded, upon giving the bond, as here- inafter provided; and they shall commence said work within fifteen days from the first publi- cation last abovementioned, and shall prosecute it diligently and continuously and complete it within the time limited in the contract, or within any extended time; but should the said contractor or the property-owners fail to prosecute the same diligently or continuously, in the judgment of said Superintendent of Public Streets, Highways, and Squares, or complete it within the time prescribed in the contract, or within such extended time, then it shall be the duty of said Superintendent of Public Streets, Highways, and Squares, to report the same to the Board of Supervisors, who shall, without further petition on behalf of the property owners, order the Clerk of the Board of Supervisors to advertise for bids, as in the first instance, and re-let the contract in the manner hereinbefore provided. And it is further provided, that all contractors for street work shall, at the time of entering into said contract, execute a bond payable to the City and County of San Francisco, with two or more sureties, in the sum of not less than one thousand dollars, and in such additional amount as may be fixed by said Superintend- ent of Public Streets, Highways, and Squares, conditioned for the faithful performance of said contract; and said sureties shall justify in double the amount of the penalty fixed in said bond; such sureties to justify before said Superintendent of Public Streets, Highways, and Squares, or his Deputy, and the qualifications and responsibility of such sureties shall be the same as are now prescribed for sureties on the official bonds of the officers of said City and County of San Francisco. And it is further provided, that all contractors for street work, at the time of entering into contract, and giving the bond as hereinbefore provided shall, in addition, execute a proper bond, with two good and sufficient sureties, who must be freeholders of said City and County of San Francisco, in the sum of five hundred dollars (said sureties to justify in double the amount), conditioned, that in case of the non-fulfillment of the contract, said sum shall be sued for and collected, as liquidated damages to said City and County of San Francisco, for such failure and neglect; and it shall be the duty of the City and County Attorney to sue for and collect said sum in any Court of competent jurisdiction, and pay the same into the City and County Treasury to the credit of the Street Department Fund.

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The San Francisco Directory, 1874, Part 238

Author: Publication date: 1874 Publisher: San Francisco : Langley, Henry G. Number of Pages: 1128

Author:
Publication date: 1874
Publisher: San Francisco : Langley, Henry G.
Number of Pages: 1128