The San Francisco directory for the year 1869, Part 195

Author: Langley, Henry G
Publication date: 1858
Publisher: San Francisco : Commercial Steam Presses, S.D. Valentine & Sons
Number of Pages: 1076

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It shall be the duty of the Superintendent to collect from the contractors, before the contract is signed by him, the cost of the publication of the notices required under the proceedings prescribed by this Act .- [ Amendment March 26, 1868.]

SEC. 7. The Superintendent of Public Streets and Highways 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 expressed or implied, that pertain to the Street Department under this Act ; and said Superintendent 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 in all cases where the Superin- tendent, under direction of said Board, has extended the time for the performance of contracts, the same shall be held to have been legally extended. And whenever, in any contract heretofore made, the said Superintendent has fixed the time for doing the work, or has extended the same, such acts shall be deemed and held to have been legally done, and it shall be so held in all the Courts of this State ; but this provision shall not apply to any contracts the work under which has not been commenced. The work provided for in section three of this Act must, in all cases, be done under the direction and to the satisfaction of the Superintendent, and the materials used shall be such as are required by the said Superintendent ; 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 be liable for any portion of the expense, nor for any delinquency of persons or property assessed. The assessment and apportionment of the

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CONSOLIDATION ACT. 769

expenses of all such work, in the mode herein provided, shall be made by the said Superintendent of Public Streets and Highways .- [ Amendment April 25, 1863.]

SEC. 8. Subdivision 1. The expense incurred for any work authorized by section three of this Act, shall be assessed upon the lots and lands fronting thereon, except as hereinafter speci- ally 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 2. 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 finally 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 char- acter of the work ; and after such acceptance, the expense of all work thereafter done thereon shall be paid by said city and county out of the Street Department Fund ; and if said fund shall not be sufficient to defray such expenses, the Board of Supervisors may transfer from the Gen- eral Fund to the Street Department Fund sufficient money to meet any deficiency.

Subdivision 3. The expense of work done on main street crossings, excepting such as are provided for in subdivision eight of this section, shall be assessed upon the four quarter blocks, adjoining and cornering on the crossing; and each lot or part of a lot, in such quarter blocks fronting on such main streets, shall be separately assessed according to its proportion of frontage on the said main street.

Subdivision 4. Where a main street terminates at right angles in another main street, the expense of the work done on one-half of the width of the street opposite the termination, shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of said lots on said main streets ; and the expense of the other half of the width of said street, upon the lots fronting on the latter half of the street opposite such termination.

Subdivision 5. When 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 portion of lots half way on said small street to the next crossing or intersection, or to the end of said small or subdivision street, if it does not meet another.

Subdivision 6. The expense of work done on the small or subdivision 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 respectively, or to the end of such street, if it does not meet another.

Subdivision 7. 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 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 frontage thereon, half way on each side respectively to the next street, lane, alley, place, or court, or to the end of such street, lane, alley, place, or court, if it does not meet another ; and the other one-half of the width, upon the lots fronting such termination.

Subdivision 8. The maps now in the office of the said Superintendent of Public Streets and Highways, 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 heretofore certified by said Superintendent, one adopted by a resolution of the Board of Supervisors, number fifteen hundred and seventy-eight, [approved on the sixteenth day of December, 1861] and the other adopted by a resolution of the said Board, number three thousand two hundred and eighty-four, [approved on the twenty-first day of March, 1864] 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 and 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 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 9. 1u all the streets constituting the water front of the City and County of San Francisco, or bounded on one side by the property of said city and county, or crossings corner- ing thereon or on the water front, the expense of 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 bounded thereon, and of one-fourth of their crossings, shall be provided for by the said city and county ;

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770

SAN FRANCISCO DIRECTORY.

but no contract for any such work shall be given out except to the lowest responsible bidder, after an observance of all the formalities required by this Act.

Subdivision 10. When any work, mentioned in section three of this Act, (sewers, manholes, cesspools, 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 portion 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 11. The assessment made to cover the expenses of the 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 con- tract 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 ascertain 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 under contract ; and also ascertain the number of cubic yards of grading necessary to complete the grading included in the contract, and certify such estimate to the Superintendent of Public Streets and Highways, before the com- pletion of the work included in said contract. And when any owner of a lot or lots fronting on said partially graded street, lane, alley, place, or court, has graded a part of the same, and desires credits for grading done by him previous to the publication of the notice of intention, he shall file with the City and County Surveyor, previous to the completion of the grading under con- tract, a certificate of the City and County Surveyor in office, when the work was performed, cer- tifying the number of cubic yards of grading done by him on those through whom he claims or deraigns title : provided, however, that he shall not be allowed any credits, 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 excavation, shall always be charged exclusively to the owner or owners of the lot or lots of land fronting thereon, in addition to the pro rata rate which may be assessed to them. If the credit for 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 may deviate from its provisions, and assess such lots and lands fronting on any street, lane, alley, place, or court, as he may decide liable to assessment for said work, which decision may be ap- pealed from as hereinafter provided.

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Subdivision 12. Section one of an Act entitled "An Act amendatory of and supplementary to an Act to provide Revenue for the support of the Government of this State," approved April twenty-ninth, eighteen hundred and fifty-seven, approved April 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 work done under the provisions of this section .- [Amendment March 26, 1868.]

SEC. 9. After the contractor of any street work has fulfilled his contract to the satisfaction of the Superintendent, or Board of Supervisors, on appeal, the Superintendent shall make an assessment to cover the sum due for the work performed and specified in such contracts, (includ- ing incidental expenses, if any) in conformity with the provisions of the preceding section, according to the character of the work done, or if any directions and decisions shall be given by said Board, on appeal, then in conformity with such direction and decision ; which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with the incidental expenses, if any, the rate per front foot assessed, the amount of each assessment, the name of the owner of each lot, or portion of a lot, (if known to the Superintendent) if unknown, the word " unknown " shall be written oppo- site the number of the lot, and the amount assessed thereon ; the number of each lot or portion of a lot assessed ; and shall have attached thereto a diagram, exhibiting each street, or street- crossing, lane, alley, place, or court, on which any work has been done, and showing the relative location of each distinct lot, or portion of a lot, to the work done, numbered to correspond with the numbers in the assessments, and showing the number of feet fronting assessed for said work contracted for and performed.

SEC. 10. To said assessment shall be attached a warrant which shall be signed by the Super- intendent, and countersigned by the Auditor of said city and county, who, before countersigning it. shall examine the contract, the steps taken previous thereto, and the record of assessments

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CONSOLIDATION ACT.

771

and must be satisfied that the proceedings have been legal and fair. The said warrants shall be substantially in the following form :

FORM OF THE WARRANT.

" By virtue hereof, I, [name of Superintendent] Superintendent of Public Streets and High- ways of the City and County of San Francisco, and State of California, by virtue of the author- ity vested in me as said Superintendent, 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] 186 -. [Name of Superintendent] Superintendent of Public Streets and Highways. Countersigned by [name of Auditor] Auditor."

Said warrant, assessment, and diagram, shall be recorded. 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, assessments, and diagrams, all persons men- tioned 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 the incidental expenses not previously paid by the contractor or his assigns. And by virtue of said warrants, said contractor, or his agent or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments.

SEC. 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 per- son 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 per- son 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 warrants shall be returned to the Superintendent within ten days after its date, with a return indorsed 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 Superintendent shall record the return so made in the margin of the record of the warrant and assessment, aud 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 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 discharge of the lien until the costs in the action shall be refunded to the plaintiff; and he may release any assessment upon the books of his office on the production to him of the receipt of the party, or his assigns, to whom the assess- ment 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 prop- erty 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 orig- inal had been so returned. After the return of the assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of one per cent per month until paid .- [Amendment March 26, 1868.]

SEC. 12. The owner, contractor, or his assigns, and all persons, whether named in the assess- ment or not, and all persons directly interested in any work provided for in this Act, or in the said assessment, feeling aggrieved by any of the acts or determinations aforesaid of the said Superintendent in relation thereto, or having or making any objection to the correctness or legal- ity of the assessment, shall, within fifteen days after the date of the warrant, appeal to the 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. 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 or determinations objected to or complained of, shall be published for five days. The said Board may correct, alter, or modify, said assessment in such manner as to them shall seem just, and may instruct and direct the Superintendent to correct said warrant, assessment, or diagram, in any particular, and to make and issue a new warrant, assessment, and diagram, to conform to the decisions of said Board in relation thereto, at their option. All the decisions and determinations of said Board upon notice and hearing as aforesaid, shall be final and conclusive upon all per-

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SAN FRANCISCO DIRECTORY.

sons entitled to an appeal, under the provisions of this section, as to all errors and irregularities which said Board could have remedied and avoided. 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, and of the regularity of all the acts and proceedings of the Board of Supervisors, upon which said warrant, assessment, and diagram are based .- [Amendment April 25, 1863.]

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, 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 assignce, may sue, in his own name, the owner of the land, lots, or portions of lots, assessed on the day of the date of the recording of the warrant, assessment, and diagram, or on any day thereafter during the continuance of the lien of said assessment, and 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 addition to the taxable cost as attorney's fees : provided, be shall have waived the percentage on recovery, as provided by law. Suit may be brought in any Court in said city and county. The said warrant, assessment, and dia- gram, with the affidavit of demand and non-payment, shall be prima facie evidence of such indebtedness, and of 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 decree, 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 regulated by the pro- visions 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 26,1868.]

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SEC. 14. The Superintendent of Public Streets and Highways may require at his option by notice in writing to be delivered to them personally, or left on the premises, the owners, tenants, or occupants of lots or portions of lots liable to be assessed for work done under the provisions of this Act, to improve forthwith any of the work mentioned in section three of this Act in front of the property of which he is the owner, tenant, or occupant, to the center of the street, or otherwise, as the case may require, or to remove all filth and dirt from the street in front of his premises ; and by a like notice to be served personally upon the President or any officer of a railroad corporation or company, to be left at the office of said corporation or company, to require such corporation or company to improve forthwith any work mentioned in this Act, which said corporation or company are required by law to do and perform ; said notice to specify what improvement is required or work is to be done. After the expiration of three days the said Superintendent shall be deemed to have acquired jurisdiction to contract for the doing of the work or making the improvements or removing the filth and dirt required by said notice. If such improvement or work of cleansing be not commenced within three days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the said Super- intendent may enter into a contract with any suitable person applying to make said improve- ments or to do said cleaning, at the expense of the owner, tenant, or occupant, or railroad cor- poration or company, as the case may be, at a reasonable price to be determined by said Superin- tendent ; and such owner, tenant, or occupant, or railroad corporation or company, shall be liable to pay the same. After the certificate referred to in section fifteen shall have been recorded, the sum contracted to be paid shall be a lien, the same as provided in section ten of this Act, and also a lien upon the franchise and property of said corporation or company, and may be enforced in the same manner as other assessments .- [Amendment March 26, 1868.]

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The San Francisco directory for the year 1869, Part 195

Author: Langley, Henry G Publication date: 1858 Publisher: San Francisco : Commercial Steam Presses, S.D. Valentine & Sons Number of Pages: 1076

Author: Langley, Henry G
Publication date: 1858
Publisher: San Francisco : Commercial Steam Presses, S.D. Valentine & Sons
Number of Pages: 1076