The San Francisco Directory, 1874, Part 239

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

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SEC. 7. The Superintendent of Public Streets, Highways, and Squares is hereby authorized in his official capacity to enter into all written contracts, and to receipt all bonds authorized by this Act, and to do any other acts, either express or implied, that pertain to the Street

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

CONSOLIDATION ACT.

867

Department under this Act; and said Superintendent of Public Streets, Highways, and Squares shall fix the time for the commencement and completion of the work under all contracts entered into by him, and may extend the time so fixed from time to time, under the direction of the Board of Supervisors; and it shall be the duty of the Superintendent of Public Streets, Highways, and Squares, on the execution of a contract to perform street work, or on the pas- sage of a resolution by the Board of Supervisors directing an extension of time to be granted to complete a contract, to cause the same to be recorded in the office of the County Recorder of the City and County of San Francisco, and in issuing a certificate of an extension of time to be recorded, and to specify in the same the number of the resolution of the Board of Super- visors, the date thereof, and the number of days granted for completion of the contract, a general description of the work, with the date of indorsement of said extension upon the original contract; and prior to the execution of a contract, and prior to granting or indorsing upon a contract as aforesaid any extension of time, to collect from said contractor or his as- signs the sum of three dollars for each contract, and the sum of fifty cents for each and every extension of time. And the County Recorder of the City and County of San Francisco, shall cause books of record to be prepared, to be entitled "Record of Street Contracts," in which all contracts for the performance of street work, and all extensions of time granted by the Board of Supervisors, as certified to by the Superintendent of Public Streets, Highways, and Squares, shall be recorded ; said books to be properly arranged and indexed, so as to facilitate refer- ence thereto ; and for each contract so recorded said County Recorder of the City and County of San Francisco shall charge and collect the sum of three dollars, and for each extension of time the sum of fifty cents ; and in all cases where said Superintendent of [Public] Streets, Highways, and Squares, under the direction of said Board of Supervisors, has extended the time for the performance of contracts, the same shall be held to have been legally extended. The work provided for in section three of this Act must in all cases be done under the direc- tion and to the satisfaction of the Superintendent of Public Streets, Highways, and Squares, and the materials used shall be such as are required by the said Superintendent of Public Streets, Highways, and Squares ; and all contracts 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 and County of San Francisco be liable for any portion of the expense, nor for any delinquency for persons or property assessed. The assessment and apportionment of the ex- penses of all such work in the mode herein provided shall be made by the said Superintendent of Public Streets, Highways, and Squares.

Spc. 8. Subdivision One-The expenses incurred for any work authorized by section three of this Act shall be assessed upon the lots and lands fronting thereon, except as hereinbefore specially provided ; each lot or portion of lot being separately assessed in proportion to its frontage, at a rate per front foot sufficient to cover the total expense of the work.

Subdivision Two-The expense of all improvements (except such as done by contractors under the provisions of section fourteen of this Act) until the streets, street crossings, lanes, alleys, places, or courts are formally accepted, as provided in section twenty-one 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 and County of San Francisco out of the Street Depart- ment Fund.

Subdivision Three-The expenses of work done on main street crossings, except such as are provided for in subdivision eight of this section, shall be assessed upon the four quarter blocks adjoining and cornering on the crossings ; and each lot or part of lot, in such quarter blocks, fronting on such main street, shall be separately assessed, according to its proportion of front- age on said main street.

Subdivision Four-Where a street terminates at right angles in another main street, the expense of the work done on one half 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 the said street, upon the 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 halfway on said small streets, to the next crossing or intersection, or [to] the end of said small or subdivision street, if it does not meet another.

Subdivision Six-The expense of work done on the small or subdivision street crossings, shall be assessed on the lots fronting upon such small streets on each side thereof, in all direc- tions, half way to the next street, place, or court, on either side, respectively, or to the end of such street, if it does not meet another.

Subdivision Seven-When 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 the width of the street, lane, alley, place, or court, opposite the termination, shall be assessed upon the lots fronting on such small street, lane, alley, place, or court so terminating, according to its

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868

SAN FRANCISCO DIRECTORY.

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 half of the width upon the lots fronting such termination.

Subdivision Eight-The maps now in the office of the Superintendent of Public Streets, Highways, and Squares, showing the street crossings or spaces formed or made by the junction or intersection of other streets with Market Street, other than at right angles ; also showing other street crossings adjoining fractional or irregular blocks (all of which crossings or spaces are colored on said maps, and numbered from three to one hundred and fifty, inclusive), and here- tofore certified by said Superintendent of Public Streets, Highways, and Squares-one adopted by a resolution of the Board of Supervisors (number fifteen hundred and seventy-eight), approved on the sixteenth day of December, eighteen hundred and sixty-one, and the other adopted by a resolution of the said Board of Supervisors (number three thousand two hundred and eighty-four), approved on the twenty-first day of March, eighteen hundred and sixty-four, which resolutions are copied on the face of said maps, respectively-shall be deemed and held to be official maps for the purposes of this Act, and the same are hereby approved; and the expenses incurred for the work done on the said crossings or spaces formed by the junction or intersection of East Street with Market Street, and of other streets with Market Street, and not squarely in front of, and not properly assessable to, lots fronting on such streets, and for the work done on said other street crossings and spaces, all of which are colored on said maps, shall be assessed on the contiguous adjacent and neighboring irregular or quarter blocks or lots of land which are of the same color as the crossings or spaces, and which have a number thereon corresponding with the number of the crossing or space on which the work has been done.

Subdivision Nine-In all the streets constituting the water front of the City and County of San Francisco, or bounded on one side by the property of the said City and County of San Francisco, or crossings cornering thereon, or on the water front, the expense of the work done on that portion of said streets, from the center line thereof to the said water front, or to such property of the City and County of San Francisco bounded thereon, and one fourth of their crossings, shall be provided for by the said City and County of San Francisco ; but no con- tract for any such work will be given out except to the lowest responsible bidder, after an observance of all the formalities required by this Act.

Subdivision Ten-When any work mentioned in section three of this Act (sewers, manholes, cesspoles, culverts, crosswalks, crossings, curbings, grading, piling, and capping excepted) is done on one side of the center line of said streets, lanes, alleys, places, or courts, the lots or portions of lots fronting on that side only in front of which said work is done, shall be assessed, to cover the expenses of said work, according to the provisions of this section.

Subdivision Eleven-The assessment made to cover the expenses of grading, mentioned in the proviso in section four of this Act, shall be assessed upon all the lands, lots, and portions of lots fronting on either side of said street, lying and being between the said main street crossings, in the manner provided in subdivision one of this section. Before any work is done under a contract to complete the grading of a partially graded street, lane, alley, place, or court, under the provisions of section four of this Act, the City and County Surveyor shall ascer- tain, as near as possible, the number of cubic yards of grading done previous to the letting of the contract, in front of each lot or parcel of land fronting upon the work, or any street- crossing under contract, and also ascertain the number of cubic yards of grading necessary to complete the grading included in the contract, and certify such estimates to the Superintendent of Public Streets, Highways, and Squares, before the completion of the work included in the contract ; and when any owner of a lot or lots fronting on said partially graded street, lane or alley, place or court, or any part liable to be assessed for the work under contract, has graded a part of the same and desires credit for grading done by him previous to the publication of the notice of intention, he shall apply to and receive from the City and County Surveyor a certificate of the amount of grading done by him, or those under whom he claims or deraigns title, for which he is entitled to credit, which certificate shall be recorded in the office of the Superintendent of Public Streets, Highways, and Squares (in a book to be kept for that purpose, properly indexed, so that reference may be easily had thereto), previous to the completion of the grading under contract. And for all grading done prior to the passage of this Act, the owner of a lot or lots desiring credits shall file in the office of the Superintendent of Public Streets, Highways, and Squares, a certificate of the City and County Surveyor, when the work was performed, showing the number of cubic yards of grading done by him or those under whom he claims or deraigns title, which certificate shall be filed and recorded in the office of the said Superintendent of Public Streets, Highways, and Squares, and shall entitle the party named, or his successor in interest, to credit on the assessment for the amount specified : provided, no party shall be entitled to any credit in excess of his assessment : provided, however, that he shall not be allowed any credit at any time for any embankment made above or excavations made below the official grade ; but the cost of removing such embankment or filling in such excava- tions shall always be charged exclusively to the owner or owners of the lot or lots of land front- ing thereon, in addition to the pro rata rate which may be assessed to them. If the credit for

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CONSOLIDATION ACT. 869

grading, so certified as aforesaid, in cubic yards or measurement, equals the proportional amount of grading which such owner would be obliged to do if no grading had been done on such street, lane, alley, place, or court, then such owner and his lot or lots shall be exempted from assessment for the remaining work ; and if the grading done by such owner is less than his proportional share, then the work required to be done in front of his lot or lots, according to the original profile of the land previous to any grading thereon, shall be included in the assessment ; and the work certified as aforesaid to have been done by him, at his own expense, shall be credited to him at the contract rate : provided, that in making the assessment to cover the expense of any work. mentioned in this section, the said Superintendent of Public Streets, Highways, and Squares may deviate from its provisions, and assess such lots and lands fronting on any street, alley, lane, place, or court, as he may decide liable to assessment for said work, which decision may be appealed from, as hereinafter provided.

Subdivision Twelve-Section one of an Act entitled " An Act Amendatory of and Supple- mentary 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 nineteenth, eighteen hundred 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 the work done under the provisions of this section.

SEC. 9. After the contractor of any street work has fulfilled his contract to the satisfaction of the Superintendent of Public Streets, Highways, and Squares, the said Superintendent of Public Streets, Highways, and Squares shall make an assessment to cover the sum due for the work performed and specified in such contract, including incidental expenses (if any), in conformity with the provisions of this Act, and according to the character of the work done, which assess- ment shall briefly refer to the contract, the work contracted for and performed, and shall allow 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 lot, if known to the Superintendent of Public Streets, Highways, and Squares; if unknown, the word "unknown " shall be written opposite the number of the lot (but an assessment made to a person not the owner shall not render such assessment illegal), and the amount assessed thereon, the number of each lot or portion of 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 lot to the work done, numbered to correspond with the numbers in the assessment, and showing the number of feet frontage assessed for said work, and contracted for and performed ; and such assessment shall in all cases be payable in gold coin of the United States.

SEC. 10. To said assessment shall be attached a warrant, which shall be signed by the Superintendent of Public Streets, Highways, and Squares, and countersigned by the Auditor of said City and County of San Francisco, who, before countersigning it, shall examine the contract, the steps taken previous thereto, and the record of assessments, and must be satisfied that the proceedings have been legal and fair. The said warrant shall be substantially in the following form:

FORM OF WARRANT.

By virtue hereof, I [name of Superintendent], Superintendent of Public Streets, Highways, and Squares of the City and County of San Francisco, in the State of California, by virtue of the authority vested in me as said Superintendent of Public Streets, Highways, and Squares, 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] warrant for the same. San Francisco [date], 18- [name of Superintendent], Superintendent of Public Streets, Highways, and Squares.

Countersigned by [name of Auditor], Auditor of the City and County of San Francisco.

Said warrant, assessment, and diagram shall be immediately recorded in the office of the Superintendent of Public Streets, Highways, and Squares, and when certified and 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 when suit is commenced within said two years, said lien shall continue for six months after the final determination of said suit; and all assessment liens heretofore created shall continue in full force for two years from the date of the recording of said warrant, assessment, and diagram, respectively; and when suits have been or shall hereafter be commenced within said two years from the date of said recording, said liens shall continue and be in force until the end of six months from the final determination of said suits, respectively ; and from and after the date of said recording of any warrant, assessment, and diagram, all persons mentioned in section twelve 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 Superintendent of Public Streets, Highways, and Squares 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,

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870

SAN FRANCISCO DIRECTORY.

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 contract and assessment.

SEC. 11. The contractor or his assigns, or some person in his or their behalf, shall call upon the person 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 receipt 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 Superintendent of Public Streets, Highways, and Squares within ten days after its date, with a return indorsed thereon, signed by the con- tractor 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 Superintendent of Public Streets, Highways, and Squares shall record the return so made in the margin of the record of the warrant and assess- ment, 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 purpose in his office, and shall sign the record. The said Superintendent of Public Streets, Highways, and Squares is authorized at any time to receive the amounts 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 dis- charge of the lien until the costs in the action shall be refunded to the plaintiff, and he may release any assessment upon the books in his office on the production to him of the receipts of the party or his assigns to whom the assessment and warrant was issued ; and if any contractor shall fail to return his warrant within the time and in the form provided in this section, he shall thenceforth have no lien upon the property assessed : provided, however, that in case any warrant is lost, upon proof of such loss a duplicate 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.

SEC. 12. The owner, contractor, or his assigns, and all persons, whether named in the assess- ment or not, feeling aggrieved by any of the acts or determinations of the said Superintendent of Public Streets, Highways, and Squares, in relation to the acceptance of work, or to the assessment, or to any act, proceeding, matter, or thing done, suffered, or committed by him, shall within fifteen days after the issuance of said assessments as provided, appeal to said Board of Supervisors, as provided in this section, by briefly stating their objections in writing, and filing the same with the Clerk of said Board of Supervisors. Notice of the time and place of hearing, briefly referring to the subject matters of appeal, and to the acts or determination objected to or complained of shall be published for five days, Sundays and non-judicial days excepted. The said Board of Supervisors on appeal may correct, alter, or modify said assess- ment, as to them shall seem just, and may annul the same, and may order a new assessment to be made in the manner by them directed, and may make any order or decision in relation to any contract or the performance thereof, or in relation to any of the acts of the contractor, or the said Superintendent of Public Streets, Highways, and Squares, prior to the date of the hearing of said appeal : and all the decisions and determinations of said Board of Supervisors shall be final and conclusive upon all parties entitled to an appeal. The said warrant, assessment, and diagram shall be held prima facie evidence of the regularity and correctness of the assessment, and of the prior proceedings and acts of the said Superintendent of Public Streets, Highways, and Squares, and of the regularity of all the acts and proceedings of the Board of Supervisors upon which said warrant, assessment, and diagram are based. After jurisdiction to order any work has been obtained, no irregularity in any of the subsequent proceedings shall render any assessment illegal.

SEC. 13. At any time after the period of fifteen days from the day of the date of the war- rant as hereinbefore provided, or if an appeal is taken to the Board of Supervisors, as is pro- vided in section twelve of this Act, any time after five days from the decision of said Board of Supervisors, or after the return of the warrant or assessment after the same may have been corrected, altered, or modified, as provided in section twelve of this Act (but not less than fifteen days from the date of the warrant), the contractor or his assigns may sue in his own name the owner of the land, lot, 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 con- tinuance of the lien of said assessment, and recover the amount of any assessment remaining due and unpaid, with interest thereon, as hereinbefore provided. And in all cases of recovery under the provisions of this Act, the plaintiff shall recover the sum of fifteen dollars in addi- tion to the taxable costs as attorney's fees, provided he shall waive the percentage on recovery as provided by law. Suit may be brought in any Court in said City and County of San Francisco ; and in case any one or more of the items in the assessment or assessments are

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The San Francisco Directory, 1874, Part 239

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