USA > California > San Francisco County > San Francisco > The San Francisco directory for the year 1869 > Part 199
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SEC. 2. That before any Commissioners, appointed by any order to be passed in virtue of this Act, shall proceed to the performance of their duty, they shall give notice in at least two of the daily newspapers, published in the City of San Francisco, having the largest circulation, of the object of the order under which they propose to act, at least ten days before the time of their first meeting, to execute the same.
SEC. 3. Upon the return of any assessment to be made under any ordinance to be passed in virtue of this Act, the Clerk of the Board of Supervisors of the City and County of San Francisco shall cause a copy of said assessment to be published for ten days, in at least two daily newspapers of said city and county having the largest circulation.
SEC. 4. That the time within which any appeal is to be made from any assessment, shall be computed from and after the expiration of the ten days mentioned in the preceding section.
SEC. 5. All the expenses resulting from locating, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, or alley, within said City and County of San Francisco, shall be paid out of the moneys derived from the assessments upon the property benefited by such locating, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, or alley, within said city and county ; and the City and County of San Francisco shall not be liable for any expense caused by the same.
SUPPLEMENTAL XVII .- An Act to modify and change the Grade of Streets, etc .- Approved March 28, 1868.
SECTION 1. The Board of Supervisors of the City and County of San Francisco are hereby authorized and empowered, upon petition of the owners of three-fourths of the property to be affected thereby-said property to be ascertained and indicated by said Board of Supervisors in the manner provided in the first subdivision of section two of this Act-to change and modify the grade of any street or avenue, or any part of any street or avenue, in said city and county, as is hereinafter provided.
SEC. 2. The grade of any street or avenue, or portion of any street or avenue, the grade of which has been fixed by ordinance, shall not be altered or changed, except upon an adjustment of the benefits and damages ; and the proceedings shall be as follows :
First. The Board of Supervisors, upon the receipt of a petition in conformity with the pro- visions of section one of this Act, shall publish, in the official newspaper of said city and county, a notice of their intention to make such [change]. Said notice shall be published for thirty days, and shall describe the proposed change, and designate the limits within which the lots of land to be benefited shall be assessed to pay, and damages that may be awarded by reason of the change.
Second. Within twenty days after the first publication of said notice, any person claiming that he or she would sustain damage, by reason of such change, shall file a petition with the County Clerk, addressed to the County Court, setting forth the fact of his or her ownership, the description and situation of his or her property, its market value, and the amount of damage, over and above all benefits, which he or she would sustain by reason of the proposed change, if completed, asking the appointment of Commissioners to assess such damage; which petition shall be verified by the oath of the petitioner, or his or her agent.
Third. On the filing of such petition, the said County Court shall take jurisdiction of the proceedings, and the County Clerk shall immediately give notice thereof to the President of the Board of Supervisors.
Fourth. At the expiration of the time of publication of said notice, and at the time indi- cated by said notice, or at such other time to which it may be continued, the County Court shall appoint three citizens, who are freeholders in said city and county, and competent judges of the value of real estate therein, and not interested in said proceedings, as Commissioners, to
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C. P. VAN SCHAACK & CO., Nos. 712, 714 and 716, Kearny Street.
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assess the benefits and damages to each separate lot of land within the limits designated in the notice.
Fifth. The Commissioners shall be sworn by the County Judge to make the assessments of benefits and damages to the best of their judgment and ability, without fear or favor, and that they have no interest in the controversy, nor in any of the land within the limits designated, which oath shall be filed with the County Clerk as part of the proceedings. A copy thereof, and of the order of appointments, certified by the Clerk, may be delivered to said Commissioners as their authority.
Sixth. Said Commissioners shall visit and inspect the premises to be assessed, and the premises for which damages are claimed, with a committee from their body, appointed for that purpose by the Board of Supervisors.
Seventh. Said Commissioners shall have power, and it is hereby made their duty, to examine, under oath, which any one of them is hereby authorized to administer, any witnesses produced before them by any party, touching the matters to be investigated, and such other witnesses as they may deem necessary to fully acquaint themselves with the actual amount of benefits and damages which will result to the respective parties interested in the proposed change.
Eighth. Said Commissioners, having determined the damage which will be sustained by each petitioner, over and above all benefits by the completion of the proposed change, shall proceed to assess the whole amount thereof, together with the costs, charges, and expenses of the pro- ceedings, including the compensation to the Commissioners for their services, to be taxed and allowed by the County Judge, ratably, upon the several lots of land benefited within the limits designated in said notice, so that the same shall be distributed according to the benefits produced by such change, as nearly as possible.
Ninth. Said Commissioners shall make their report in writing, and shall subscribe the same and file it with the County Clerk. In their said report they shall describe each piece of prop- erty which will sustain damage, stating the amount of the damages which it will sustain over and above all benefits; and they shall also give a brief description of each lot benefited within the designated limits, the name of the owner, if known, and the amount of benefit assessed against the same. In case the three Commissioners do not agree, the award agreed upon by any two of them shall be sufficient. On the filing of said report, the County Clerk shall notify the Board of Supervisors, in writing, of the fact, and thereupon the said Board shall, by ordinance. confirm or reject said report. If they confirm it, the grades of the streets shall be changed as contemplated, and the Clerk of the Board of Supervisors shall notify the County Court that the Board have confirmed the report. The County Court shall thereupon enter up judgment against each lot assessed for benefits, describing the same as accurately as can conveniently be done. Upon which judgment, an order of sale may issue by order of the Court, commanding the Sheriff of said city and county to collect the amount therein mentioned by sale of the lot assessed, in the mode prescribed by law for the sale of real estate, the proceeds to be paid by the Sheriff to the 'Treasurer of the City and County of San Francisco, who shall place the same to the credit of the Street Department Fund ; and the same shall be paid, and the Treasurer of said city and county shall pay the amount collected for damages into the County Court, which shall hold, invest, and distribute the same in the same manner as provided in section nineteen of an Act, entitled "An Act to declare and regulate the Power of the Board of Supervisors of the City and County of San Francisco, to take Private Lands for certain Public Improvements, and to prescribe the Manner of its Execution," approved April fourth, eighteen hundred and sixty-four. All such judgments shall be in favor of the City and County of San Francisco, and shall be a lien upon the lot until the same is paid ; but no sale shall be made nor execution issue until the County Court shall determine that said work has been completed.
SEC. 3. Before entering up judgment, the Court shall fix a day for hearing parties who may feel aggrieved by reason of any of the proceedings ; but no objection shall be considered except such as are specifically set forth in writing by the parties; and all errors, omissions, and irregu- larities not specifically set forth shall be deemed to be waived. Any party dissatisfied may, within thirty days after judgment against him or his lot, or the order to pay the damages assessed, appeal to the Supreme Court to review the matter complained of, and the appeal shall be taken in the manner and with the same effect as prescribed in, and in all respects be in con- formity to An Act to declare and regulate the Power of the Board of Supervisors of the City and County of San Francisco, to take Private Lands for certain Public Improvements, and to prescribe the Manner of its Execution, approved April fourth, eighteen hundred and sixty-four ; and all subsequent proceedings shall be in conformity therewith and with the same effect.
SEC. 4. All acts and proceedings under this law shall be liberally construed, and the judg- ments and proceedings of the County Court shall be construed like judgments and proceedings of Courts of general jurisdiction.
SEC. 5. The Sheriff shall collect fees for the execution, in case an execution issues, as in
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SAN FRANCISCO DIRECTORY.
other cases ; but each party may pay to the Treasurer the amount of the judgment against him, and the Treasurer's receipt being produced to the County Court, satisfaction of the judgment shall be entered by the Clerk. The Clerk shall not charge any fees for the proceedings unless execution issue, in which case he shall be authorized to charge five dollars for each execution, to be collected by the Sheriff on the execution.
Unclaimed Property .- To provide for the safe keeping and disposition of all lost, stolen, or unclaimed property of every kind which may be in the possession or under the control of the Chief of Police of said city and county, or which may hereafter come into the possession of the Police of said city and county .- [Act April 25, 1863, Sec. I, Sub. 10.]
Urgent Necessities .- To expend and order paid out of the General Fund, not to exceed two thousand dollars per month, for objects of urgent necessity .- [Act April 26, 1862, Sec. 1, Sub. 10.]
Vehicles .- To provide for the summary removal and disposition of any or all vehicles found during certain hours of the day and night, to be designated by said Board, in the streets, high- ways, and public squares of said city and county, or such of them as said Board may designate ; and, in addition to all other remedies, to provide, by regulation, for the sale or other disposition of said vehicles so found in said streets, highways, or public squares, as aforesaid .- [Act April 25, 1863, Sec. 1, Sub. 5.]
Yerba Buena Cemetery .- To remove the remains of the dead from the Yerba Buena Ceme- tery to some other burial ground, and to dedicate the land now known as the Yerba Buena Cemetery for such purpose of a public nature as they may deem proper, and to allow and order paid out of the General Fund, a sum not to exceed ten thousand dollars .- [Act April 27, 1860, Sec. 1, Sub. 14.]
For inclosing with wood and removing the remains of the dead in Yerba Buena Square, ten thousand dollars, in addition to former appropriations .- [Act March 14, 1868.]
Yerba Buena Park .- To allow and order paid out of the General Fund, for grading, improv- ing, and erecting a monument in Yerba Buena Park, a sum not to exceed ten thousand dollars, in addition to the amount now allowed by law for that purpose .-- [Act April 4, 1864, Sub. 1.]
ARTICLE VI. FINANCE AND REVENUE .*
SEC. 75. All fines, penalties, and forfeitures, imposed for offenses committed within the said city and county shall be received by the Clerk or Magistrate of the respective Court and paid into the treasury thereof, as a part of the Police Fund ; forty per cent of all poll taxes col- lected in said city and county, or any other proportion of such poll taxes which may be here- after assigned to said city and county by law, shall also be paid and received into the treasury thereof, as a part of the Police Fund. All demands payable out of said fund, may, in case there be not sufficient money in the treasury arising from the sources specified in this section, be paid out of the General Fund of said city and county.
SEC. 76. The School Fund of said city and county shall consist of all moneys received from the State School Fund ; all moneys arising from taxes upon property which shall be levied each year for that use, by the Board of Supervisors, and which shall in no case exceed the rate of thirty-five cents on each hundred dollars' valuation of all property, real and personal, liable to be assessed. The General Fund consists of all moneys in the treasury not designated and set apart by law to a specified use, and of the overplus of any Special Fund remaining after the satisfac tion of all demands upon it. The Surplus Fund consists of any moneys belonging to the Gen- eral Fund remaining in the treasury after the satisfaction of all demands due and payable, which are specified in the first fourteen subdivisions in section ninety-five. The fiscal year shall be the same as that of the State.
SEC. 77. All taxes assessed upon real and personal property in said city and county, shall be payable and be paid directly to the Treasurer thereof; and in default of such payment before the time when the 'l'ax Collector may be authorized by law to seize and sell the property there- for, the said Tax Collector shall proceed to collect said taxes, together with his legal fees, by seizure and sale of the property liable in the mode prescribed by law for the collection of such State and county taxes. 'The taxes due, however, may be paid to the said Treasurer at any time before the property is sold, and on production to the Tax Collector of the proper receipt, and payment of his legal fees for services rendered up to that time, such property shall be discharged.
SEC. 78. The Tax Collector, upon the final settlement to be made by him as such Tax Col- lector, according to the requirements of the law, shall be charged with, and shall pay into the hands of the Treasurer, the full amount of all taxes by him collected and not previously paid
* The Public Revenue Act, with its various amendments relative to San Francisco, should also be referred to.
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PACIFIC COAST BUSINESS DIRECTORY contains the names of 25,000 firms in business on the Pacific Coast.
C. P. VAN SCHAACK & CO., Nos. 712, 714 and 716, Kearny Street.
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over, without any deduction of commissions, fees, or otherwise ; he shall also be charged with and be deemed debtor to the treasury for the full amount of all taxes due upon the delinquent list delivered to him for collection, unless it be made to appear that it was ont of his power to collect the same by levy and sale of any property liable to be seized and sold therefor ; if the impossibility to collect any portion of such delinquent taxes have resulted from an irregularity or defect in the assessment, then the Assessor, whose duty it was to make the assessment, shall be liable aud be deemed debtor to the treasury for the amount remaining uncollected for that cause.
SEC. 79. The Treasurer of said city and county shall receive and safely keep in a secure fire- proof vault, to be prepared for the purpose, all moneys belonging to or which shall be paid into the treasury, and shall not loan, use, or deposit the same, or any part thereof, with any banker or other person, nor pay out any part of said moneys, except upon demands authorized by this Act, and after they have been duly audited ; he shall keep the key of said vault and not suffer the same to be opened except in his presence. At the closing up of the same, each day, he shall take an account and enter in the proper book, the exact amount of money on hand, and at the end of every month shall make and publish a statement of all receipts into, and payments from, the treasury, and on what account. If he violate any of the provisions of this section, he shall be considered a defaulter, and shall be deemed guilty of a misdemeanor in office, and be liable to removal, and shall be proceeded against accordingly. If he loan or deposit said moneys, or any part thereof, contrary to the provisions of this section, or apply the same to his own use or to the use of any other person, in any manner whatsoever, or suffer the same to go out of his per- sonal custody, except in payment of audited demands upon the treasury, he shall be deemed guilty of felony, and on conviction thereof, shall suffer imprisonment in the State Prison for a period not less than three nor more than ten years.
SEC. 80. The Treasurer shall keep the moneys belonging to each fund separate and distinct, and shall, in no case, pay demands chargeable against one fund out of the moneys belonging to another, except as otherwise provided in this Act, without an express order of the Board of Supervisors, which can only be made at or after the third regular session, held during the fiscal year, by a vote of two-thirds. The said Treasurer shall give his personal attendance at his public office during the office hours fixed in this Act; and if he absent himself therefrom, except on account of sickness, or urgent necessity, during such office hours, he shall lose his salary for the entire day on which he was absent.
SEC. 81. [ Repealed. See Act of the Legislature, March 28, 1859.]
SEC. 82. No payment can be made from the treasury or out of the public funds of said city and county, unless the same be specifically authorized by this Act, nor unless the demand which is paid, be duly audited, as in this Act provided ; and that must appear upon the face of it. No demand upon the treasury shall be allowed by the Auditor in favor of any person or officer in any manner indebted thereto, without first deducting the amonut of such indebtedness, nor to any person or officer having the collection, custody, or disbursement of public funds, unless his account has been duly presented, passed, approved, and allowed, as required in this Act ; nor in favor of any officer who shall have neglected to make his official returns or his reports, in writ- ing, in the manner and at the time required by law, or by the regulations established by the Board of Supervisors ; nor to any officer who shall have neglected or refused to comply with any of the provisions of this or any other Act of the Legislature, regulating the duties of such officer, on being required in writing, to comply therewith by the President of the Board of Supervisors, or the Supervisor of the respective district ; nor in favor of any officer for the time' he shall have absented himself without lawful cause, from the duties of his office during the office hours prescribed in this Act ; and the Auditor may examine any officer, receiving a salary from the treasury, on oath, touching such absence.
SEC. 83. The term " audited," as used in this Act, with reference to demands upon the treas- ury, is to be understood their having been presented to, and passed upon, by every officer and Board of Officers, and finally allowed as required by law ; and this must appear upon the face of the paper representing the demand, or else it is not audited. The term " law or laws." as used in this Act, is never to be understood as applicable to any regulation of the Board of Educa- tion, or of the Board of Supervisors, or Board of Delegates of the Fire Department, but only applicable to the constitution and the laws made or adopted by the Legislature in pursuance thereof.
SEC. 84. Every demand upon the treasury, except the salary of the Auditor, and including the salary of the Treasurer, must, before it can be paid, be presented to the Auditor of the city and county to be allowed, who shall satisfy himself that the money is legally due and remains nopaid, and whether the payment thereof from the treasury in the city and county is anthorized by law, and out of what fund. If he allow it he shall indorse upon it the word " allowed," with the name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto ; but the allowance or approval of the Auditor, or of the Board of Supervis-
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ors, or any other Board, or officer, of any demand, which upon the face of it appears not to have been expressly made by law payable out of the treasury or fund to be charged therewith, shall afford no warrant to the Treasurer or other disbursing officer for paying the same. No demand can be approved, allowed, audited, or paid, unless it specify each several item, date, and value composing it, and refer to the law by title, date, and section authorizing the same.
SEC. 85. The demand of the Auditor for his monthly salary shall be audited and allowed by the President of the Board of Supervisors. All other monthly demands on account of salaries fixed by law, and made payable out of the treasury of said city and county, may be allowed by the Auditor without any previous approval. All demands payable out of the School Fund must, before they can be allowed by the Auditor, or paid, be previously approved by the Board of Education, or by the President thereof, and Superintendent of Common Schools acting under the express authorization of said Board. Demands for teachers' wages or other expenses apper- taining to any school, cannot be approved, allowed, or audited, to an amount exceeding the share of school money which such school will be entitled to have apportioned to it during the current fiscal year. Demands for monthly pay of Police Captains and Officers must, before they can be allowed by the Auditor, or paid, first be approved by the Police Judge and Chief of Police, or if they refuse, or cannot agree, then by the Board of Supervisors. All other lawful demands payable out of the treasury, or any Public Funds of said city and county, and not hereinbefore in this section specified, must, before they can be allowed by the Auditor, or in any manner be recognized or paid, be first approved by the Board of Supervisors; or, if the demand be under two hundred dollars, by the President and two members thereof, appointed by the Board for that purpose. with power to act under and subject to its instructions and regulation during recess of the said Board. The Auditor must number and keep a record of all demands on the treasury allowed by him, showing the number, date, amount, and name of the original and present holder ; on what account allowed, out of what fund payable, and, if previously approved, by what officer, officers, or Board. it has been so approved ; and it shall be deemed a misdemeanor in office for the Auditor to deliver any demand with his allowance thereon, until this requisite shall have been complied with .- [Amendment April 18, 1857.]
SEC. 86. The President of the Board of Supervisors, Auditor, Chief of Police, President of the Board of Education, and each Supervisor. shall have power to administer oaths and affirma- tions concerning any demand on the treasury, or otherwise relating to their official duties. Every officer who shall approve, allow, or pay any demand on the treasury not authorized by this Act, shall be liable to the city and county, individually, and on his official bond, for the amount of the demand so illegally approved, allowed, or paid. Every citizen shall have the right to inspect the books of the Auditor, Treasurer, and Clerk of the Board of Supervisors, at any time during business hours. Copies, or extracts from said books, duly certified, shall be given by the officer having the same in his custody, to any citizen demanding the same, and paying or tendering sixteen cents per folio of one hundred words for such copies or extracts .- [Amendment April 18, 1857.]
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