The San Francisco Call. Newspaper, April 4, 1898, Page 14

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. more than one-half of the superficial urea of the di ct, may make written | objections to the same Within ten days | after the expiration of the time of the | publication of gafd resolution of inten- | tlon, which objections shall be delivered | etary of the Board of Public | ho shall endorse thereon the | ption by him. Such ob- | a bar for 8ix months o any further proceedings in relation to the doing of said work or making | said improvement, unless the owners of the one-half or more of the frontage or of the district, a§ aforesald, shall| meanwhile petition for the same to be done, and th hall, after the ex- piration of said s nths, be contin- | ued under the resolution of intention | 1irst passed i aid Board shall deem | proper. If, however, the owners of at least two-thirds of the property front- ing on sald proposed work or improve- | ment, and, in the case of a district, | those owning at least two-thirds of the | superficial area of the district, shall make written objections to the d six months, no fur- 5 shall be taken under slutian of intention. k or improvement pro- same within posed to be done is the construction of sewers, manho calverts or cess- pools, and the objections thereto are signed by the owners of a mafority of the frontage or of the district as afore- sald, the ard shall, at its next meet- | ing, fix a time for hearing said objec- | tions, not less than ne week there- after. The S notify the per tions, by depos thie Post Office at the City and County postage prepaid idressed to es objector or his agent when he appears for such At the time speci- fled the 1 1 hear the objc , and it 1 conclusive; re overruled the be continued as ons had been made. n shall 1 id objectic sha gh 10 obje At any tim » the making of the reinafter provid- ed, @ jand liable to fter the first solution inte ] who_may have ob ceedings in relati of the work described in tion, may file with the Sec ved, or Such petition or remon- be § 1 upon by its decision thereon shall nd be fi Sec. or improvem Board of Public local or ord \plated work iion of the more than Board tion of intentior enefited by said wor and to be thereo t out the distr < or improvement ssed to pay the expense ctions the to the e district of lar d work or img t may be made by any inte ty, in writing, within ten d ter the expiration of the time of f the resolution of inte ry of the Board shall lay s before it and t 30ard | next meeting, fi aid objections thereafter. \ll thereupon notify such objections by aries of benefited b time not less The g age prepaid, a i objector. At the time Board shall hear the ob- 1 pass upon the same, ctions are overruled, its be final and conclusive extent and boundaries of the | strict | If the objections are sustained, the ceed to set out another tent and boundaries t may be made and 1 thereon as above pro- on in like manner until | s been set out to the ex. ndari of which all ¢ ; and thereupon the pro- il continue the same as if d n made. In its rvisors the Board report with a dia- 11 be delineated each te lot, piece or darcel of in square feet of each of s arcels of land, and the of the same to ths work or imp ent proposed to be done within the limits of the district. Such diagram shall be certified to be correct by the Secretary of the Board. Sec. 6. When the work under any contract shz n completed, the no objectio report to the S shall accompany it gram on which sepa contractor shall make and file in the office of the Board of Public Works an affidavit to the effect that he has not entered into any private agree-{ .ment, verbal or written, with any per- son liable to be assessed for said work, or with any one on his behalf, to ac- | cept a price from him less than the | price named in gaid cont t, or to make any r te or deduction to him from such price. Any such agreement shall be deemed a fraud upon all per- | sons llable to be assessed for such work other than the property owners who were parties to the agreement, and shall make void, as to such persons so defrauded, any sment made for the work done under such contract; and where there is more than one contractor each contractor shall make such afi- davit. Sec. 7. When any work In or upon | any public street shall have been com- pleted according to contract, and the affidavit mentioned in the next preced- ing section shall have been made, the Board shall make an assessment to cover the sum due for the work per- formed and specified in said contract (including all incldental expenses), in conformity with the provisions of this Article, according to the nature and ‘character of the work. The assessment shall briefly refer to the contract, the Wo! contracted for and performed, and shall show the amount to be paid | therefor, together with any incidental . the rate per front foot as- sessed, the amount of each assessment, the name of the owner of each lot (if known to the Board, and if not known, the word ‘‘unknown” shall be written opposite the number of the lot and the amount asses thereon); the number of each lot ass ed, and ghall have at- tached thereto a diagram exhibiting the street or street crossing on which the work has been” done, and showing the relative location of each distinet 1ot to the work done, numbered to cor- respond with the numbers in the as- | sessment, and showing the number of | | company, or corporation, | meet an that may be assessed to, property owned by the City and County or by any department thereof. ¢ Of all work done in front of, or that may be assessed to, property owned by the United States. Second.—The éxpense of all sewers, cesspools, manholes, culverts and dgraing, and of all grading, planking, inacadamizing, paving, piling and cap- ping any street, or portion thereof, and of all curbs thereon, and of all work done on sidewalks, shall be assessed upon the lands within the block or blocks adjacent thereto as herein pro- vided, except where by an assessment district it may Le provided otherwise. Third.—The expense of all work on such portion of any street required by law to be kept in order by any person, having rafl- road tracks thereon, shall be borne and paid for by such person, company or corporation, and shall be included in the assessment hereinbefore provided | for. No assessment shall be levied upon any property, which, together with all assessments for street improvements that may have been levied upon the same property during the year next preceding, will amount to a sum great- er than fifty per centum of the value at which sald property was assessed upon the last preceding Assessment Book of the City and County. Sec. 9. Subdivision One — Except where the expense incurred for the | street work and improvement author- ized herein is to be assessed upon a district as hereinafter provided, such expense, other than that to be paid by a person, company or corporation having tracks on the street where such work and improvement has been done, shall be assessed upon the lots and lands fronting thereon, except as here- inafter specifically provided; each lot or portion of a lot being separately as- sessed in proportion to the frontage at a rate per front foot sufficient to cover the total expense of the work. Subdivision Two—The expense of all improvement except such as is done by contractors under the provisions of sec- tion sixteen of this Chapter, until the streets, avenues, street crossings, lanes, alle, places, courts are finally ac- cepted, as provided in section twenty- three of this Chapter, shall be assessed upon the lots and lands as provided in this section according to the nature and character of the work. Subdivision Three—The expense of the work done on main street cross- ings shall be assessed at_ a uniform rate per front t on the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any front- age in the said blocks fronting on said half way to the next main reet crossing, and all the way on 1 blocks to a boundary line of the city where no such crossing intervenes, but only according to its frontage in sald quarter blocks and irregular blocks. Subdivision Four—Where a main reet terminates in another main t, the expense of the work done | on one-half of the width of the street opposite the termination shall be as- sessed upon the lots in each of the two quarter blocks adjoining and corner- ing on the same, according to the front- age of such lots on said main street, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Subdivision Five—Whare any alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all or portions of lots half way on said or subdi on street to the next ing or Intersection, or to the end of such alley or subdivision street if it does not meet another. Subdivision Six—The expense of work done on alley or subdivision ssings shall be assessed upon the fronting upon such alley or subdi- vision streets on each side thereof, in all directions, half way to the next street ubdivision street, if it does not her. ion Seven—Where a subdivis- ley or Subdiv | fon street, avenue, lane, alley, place, or court, terminates in another street, avenue, lane, alley, place, or court, the | expense of the work done on one-half the width of the subdivision street, avenue, alley, place, or court opposite the termination, shall be assessed upon the lot or lots fronting on such subdi- vision street or avenue, lane, alley, place, or court so terminating, accord- ing to its frontage thereon, half-way | on each side, respectively, to the next street, avenue, lane, alley, court, or place, or the end of such street, avenue, 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 Eight—Where any work mentioned in this Chapter, manholes, cesspools, culverts, crosswalks, pillng and capping excepted, is done on either or both sides of the center line of any street for one block or less, and fur- ther work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said Street, the assessment to cover the total expense of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the work so ordered. When sewering or resewering is ordered to be done under the sidewalk or only on one side of a street for any length thereof, the assessment for its expensy shall be made only upon the lots and | lands fronting nearest upon that side, and for intervening intersections only upon the two quarter blocks adjoining and cornering upon that side. Subdivision Nine — Any owner or owners of lots or lands fronting upon any street, the width and grade of which have been established by the Supervisors, may perform at his or their own expense (after obtaining per- mission from the Boardof Public Works so to do, but before said Board has passed its resolution of intention to recommend grading inclusive of this) any grading upon said street, to its full width, or to the centre line thereof, and to its grade as then established, and thereupon gyay procure, at his or their own expense, a certificate from | the City Engineer setting forth the number of cubic yvards of cutting and | filling made by him or them In said grading, and the proportions performed by each owner, and that the same is done to the established width and grade of said street, or to the centre line thereof, and thereafter may file said certificate in the office of the Board. Said certificate shall be recorded in a properly indexed book kept for that purpose in the office of the Board. street | place, or court, on either side, | | respectively, or to the end of such al- |lpondlng credits, deducting the same as payments upon theamountsassessed against the lots and lands owned re- lapt:-ctlvely by sald certified owners and their successors in interest; but he shall not include any grading quanti- ties or eredit any sums in excess of the proportionate assessments for the | whole of the grading which are made upon any lots and lands fronting upon ‘sald street and belonging to any such | certified owners or their successors in | Interest. When any owner or owners | of any lots and lands fronting on any | street shall have heretofore done, or | shail hereafter do any work, except | grading, on such street, in front of any | block, at his or their own expense, and | the Supervisors shall subsequently or- | der any work to be done of the same | class in front of the same block, the | | work so done at the expensge of such | owner or owners shall be excepted | from the order ordering work to be | done, as provided In subdivision ten of | this section; but the work so done at | the expense of such owner or owners | shall be upon the official grade, and in | condition satisfactory to the Board of | Public Works at the time said order is | passed. | Subdivision Ten—The Board of Pub- llc Works may include in the resolu- | tion of intention any of the different kinds of work mentioned in this*Chap- ter, and it may except therefrom any of said work already done upon the | street to the officlal grade. | and portions of lots fronting upon said accepted work already done shall not | be included in the frontage assessment for the class of work from which the exception is made; be construed so as to affect the special subdivision nine of this section. Subdivision Eleven—When the reso- lution of intention declares . that the expense of the work and improvement is to be assessed upon a district, im- mediately after the contractor has ful- fllled his contract to the satisfaction of the Board of Public Works, or to | the satisfaction of the Supervisors on appeal, the Board of Public Works shall proceed to estimate upon the lands, lots, or portions of lots within | said assessment district, as shown by | the diagram provided for in sectionfive |of this Chapter, the benefits arising | from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and | shall thereupon assess upon and | against said lands in said assessment | district the total amount of the ex- | pense of such proposed work, and in | s0 doing shall assess saild total sum | upon the several pieces, parcels, lots, or portions of lots, and subdivisions of land in said district benefited thereby, to wit: Upon each respectively in proportion to the estimated benefits | to be received by each of said several |land. In other respects the assessment | shall be as provided in this Chapter. Sec. 10. If at any time there shall be any street work or improvement done, and none of the methods hereinbefore provided are legally sufficient to au- thorize the Board of Public Works to | make an assessment to pay for the ex- | pense thereof, then said Board shall, said work or improvement, establish which such assessment shall be made; | and on the completion of the work or improvement to the satisfaction of said Board, or to the satisfaction of the Supervisors on appeal, said Board shall make an assessment to pay the ex- pense thereof according to the method established by said resolution. Sec. 11. In making all assessments the Board of Public Works shall act as a Board, and the assessment shall be authenticated by the signatures of all the members thereof. Sec. 12. To said assessment shall be attached a warrant which shall be signed by the President of the Board | of Public Works and countersigned by the Secretary thereof. Said warrant shall be substantially in the following | form: | By virtue hereof the Board of Pub- | lic Works of the City and County of | San Francisco, by the authority vested lin it, does authorize and | (name of contractor) (his or their) agents, or assigns, to demand and re- ceive the several assessments upon the assessment and diagram_ hereto at- warrant for the same. (Date)—. (Name of President of Board of Public Works.) tary of Board of Public Works.) Said warrant, assessment and dia- gram shall be recorded in the office of the Board. When so recorded the sev- eral amounts assessed shall b= a lien vpen the lands, lots, or portions of lofs assessed, respectively for the period of | two years from the date of said record- |ing, ~unless sooner discharged; and | from and after the date of said record- ling of any warrant, assessment and diagram, all persons interested in said :scssment shall be deemed to have no- tice «f the contents of the theteof. | "After said warrant, assessment and | ldlngram are recorded, the same shall | be delivered to the contractor, or his agent or assigns, on demand, but not | untii after the payment to the Board | o2 the incidental expenses not previ- ously paid by the contractor or his as- signs. By virtue of said warrant said | contractor, or his agents or assigns, shall be authorized to demand and re- ceive the amount of the several assess- ments made to cover the sum due for the work specified in such centracts ond assessments. When it shall appear by the final The lots | but this shall not | provisions as to grading contained in | | lots, portions of lots, or subdivisions of | before it passes a resolution of its in- | tention to recommend the ordering of | by resolution a method by means of | empower | | tached, and this shall be (his or their) | Countersigned by (Name of Secre-! record | part, and the amount thereof. There- |upon the Secretary of the Board shall |record the return so made in the mar- | gin of the record of the warrant and assessment, The Board can at any time receive | the amount due upon any assessment and warrant issued by it and give a good and sufficient discharge therefor; but no such payment so made after isult has been commenced shall operate, Without the consent of the plaintiff in the action, as a complete discharge of the len until the costs in the action | shall be refunded to the plaintiff. , | 'The Board may release any assess- | ment upon the books of its office on | the payment to it of the amount of the | assessment with interest against any lot or on the production to it of the | receipt of the party or his assigns to | whom the assessment and warrant | were issued. 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; but if any warrant is lost, upon proof of such loss a duplicate may be issued, upon which a return may be made with the | same effect as if the original had been 80 returned, After the return of the assessment and warrant as aforesaid, all amounts remaining due therean shall draw interest at the rate of seven ber centum per annum until paid. Sec. 14. The owners, whether named in the assessment or not, the contrac- tor or his assigns, and all other per- sons directly interested in any work provided for in this Chapter, or in the assessment, feeling aggrieved by any act or determination of the Board of Public Works in relation thereto, or Wwho claim that the work has not been verformed according to the contract in 4 good and substantial manner, or having or making any objection to the correctness or legality of the assess- ment or other act, determination, or proceedings of the Board, shall, within thirty days after the date of the war- rant, appeal to the Supervisors, by briefly stating their objections in writ- |ing and filing the same with the Clerk of the Supervisors. Notice of the time |and place of the hearing, briefly re- ferring to the work contracted to be | done, or other subject of appeal, and | to the acts, determinations or proceed- ings objected to or complained of, shall | be published for five days. Upon such | appeal the Supervisors may remedy |and correct any error or informality {In the proceedings, and revise and cor- rect any of the acts or determinations of the Board relative to said work, may confirm, amend, set aside, alter. modify or correct the assessment in such manner as to them shall seem Jjust; and require the work to be com- pleted according to the directions of the Supervisors, and may at their op- tion direct the Board of Public Works to correct the warrant, assessment or diagram in any particular, or to make and issue a new warfant, assessment and diagram to conform to the deci- sions of the Supervisors in relation thereto. All the decisions and determinations of the Supervisors, upon notice and | hearing as afcresaid, shall be final and | conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities and irregularities, which the Supervis- ors might have remedied and avoided; and no assessment shall be held in- | valid, except upon appeal to the Su-| pervisors, as provided in this section, | for any error. informality or other defect in the proceedings prior to the or in the assessment it-| assessment, self, where the Board of Public Works has acquired jurisdiction to make the same. Sec. 15. of thirty-five days from the day of the date of the warrant, or if an appeal has been taken to the Supervisors, then, at any time after five days from the decision of the Supervisors on such ap- peal, or after the return on the war- rant, after the same may have been corrected. aitered or modified. as here- in provided, but not less than within thirty-five days from the date of the warrant, the contractor or his assignee may sue in his own name the owner or | the mortgagee of the land, lots, or por- tions of lots assessed on the day of the date of the recording of the war- rant, assessment and diagram, or any day thereafter during the continuance | of the lien of sald assessment, and re- cover the amount of any assessment | remaining unpaid, with interest there- on at the rate of seven per centum per | annum until paid. In all cases of recovery under the | provisions of this Chapter the plain- tiff shall recover the sum of fifteen dol- lars in addition to the taxable costs, as attorney’s fees, but not any percent- age upon said recovery. When suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, the plaintiff shall also be entitled to have and recover said sum of fifteen dollars as attorney’s fees in addition to all tax- able costs, notwithstanding that the suit may be settled or a tender be | made before a recovery in said action, and he may have judgment therefor. Said warrant, assessment and dia- gram, with the affidavit of demand and non-payment, shall be held prima facie evidence of the regularity and correct- | ness of the assessment and of the prior | proceedings and acts of the Board of | Public Works and of the Supervisors {upon which said warrant. assessment and diagramare based. andlikeevidence | of the right of the plaintiff to recover in | the action. The Court in which said suit | shall be commenced shall have power | to adjudge and decree a lien against | the lots of land assessed, and to order At any time after the period judgment of any court in thje State|gsuch premises to be sold on execution ! having jurisdiction to render such judg- as in other cases of the sale of real | ment, that any suit brought to foracluse | estate by the prodess of sald Courts. | the lier of any assessment for street | In all.actions brought to enforce the | work made under this Chapter, or in jijen of assessments made pursuant to | the recording thereof, has been defeated | the provisions of this Chapter the pro- front feet assessed for said work. A | Whenever thereafter the Supervisors mistake in the name of the owner shall | order the grading of sald street, or any not invalidate any assessment. | portion thereof, on which any grading When the expense of such work fafls | certified as aforesaid has been done, in part upon any person, company or | the bids and contract must express the corporation having railroad tracks | price by the cubic yard for cutting and upon the street where such work has | filling in grading, and such owner or been done, sald assessment shall in- | owners, and his or thelr successors in clude an assessment against said per- |interest, shall be entitled tocreditonthe son, company or corporation, for its|assessment upon his or their lots and legal propertion of said expense, and |lands fronting®on said street for grad- the same shall constitute a lien upon |ing thereof, to the amount of the cu- the road-bed, rolling stock, franchises and other property of such person, company or corporation, for a period | of two vears from the date of record- ing the warrant, assessment and dia gram hereinafter provided for. fec. 8 The expense of all work or| improvement done upon any part of | sald streets, lanes, alleys, places or courts, under the order of the Super- visors, shall be borne and paid for as follows: First.—The City and County shall pay out of the General Fund the expense: a. Of all work done on streets, cross- ings and intersections of streets that have been or may be accepted by the City and County, after the acceptance of the same, and all repairs and im- provements deemed of urgent necessity that may be made upon the public streets and highways. b. Of alt work done in front of, or, bic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cufting and filling; or, if the grade meanwhile has been legally changed, only for so much of said certified work as would be required for grading to the grade as changed. Such owner or owners shall not be entitled to any credit that may be in excess of the as- sessments for grading upon the lots and land owned by him or them, and proportionately assessed for the whole of said grading. The Board shall in- clude in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all cer- tificates so recorded in his office, or for the whole of said grading to the changed grade so much of said certi- fied work as would be required for | by reason of any defect, error, infor- | mality, omission, irregularity, or itle- | ga'ity, thereof or therein, or in the re- | turn on the warrant issued pursuant to | any such assessment, or in the record- |ing of any such warrant, any person in- | terested therein may, at any time with- | in seven months after the entry of said fina! judgment, apply to the Board for arciher assessment to be issned in e | formity to law; and the Board shall, ithin sixty days after the time of | said application, make and deliver to | said applicant a new assessmant, dia- | gram and warrant in accordance with |law, and sign, record and authenticate the same as above provided. Such as- sessment shall be a lien upon the lots of land set out therein for the period of two years from the date of its record- ing, and suit may be brought to enforce said lien as provided in this Chapter. Should such final judgment be that of the Superior Court for the City and County and an appeal therefrom to the Supreme Court of the State has been taken, no such other assessment shall be made until said appeal has been de- termined. Sec. 13. The contractor or his as- signs, or some person on his or their behalf, shall call upon the persons as- sessed, or their agents, if they can con- veniently be found, and demand pay- ment of the amount assessed to each. If any payment be made, the contrac- tor, his assigns, or some person on his or their behalf, shall receipt the same upon the assessment in the presence of the person making such payment, and shall also give a receipt if demand- . When the persons so assessed, or their agents, cannot conveniently be found or when the owner of the lot is stated as “unknown” upon the assess- ment, then said contractor or his as- signs, or some person on his or their ‘behalf, shall publicly demand payment on the premises assessed. The warrant shall be returned to the Board of Public Works within thirty _days after its datewith a return indors- ed thereon, signed by the contractor or his assigns, or some person on his or their.behalf, verified upon oath, stat- ing the nature and character of the de- mand, and whether any of the assess- remain up| ald jn whole “or "in ‘oeedings therein shall be governed and | regulated by the provisions of this | Chapter, and, when not In conflict here- | with, by the Codes of this State. ‘ Sec. 16. When any portion of the -; roadway of any street, avenue, lane, al- | ley, court or place, or any portion of | any sidewalk, in the City and County. | none of which has been accepted by the | Supervisors as in this Chapter provided, | shall be so out of repair as to endanger | persons or preperty passing thereon, or |80 as to interfere with the public con- | venience in_the use thereof, the Board | of Public Works shall require the own- | ers or occupants of lots or portions of lots fronting on said portion of said street, avenue, alley, lane, court or place, by a notice in writing, to be de- {livered to them or their agents, per- sonally, to repair forthwith said por- tion of said street, avenue, lane, alley, court or place, to the center line there- of, in front of the property of which he is the owner or tenant, or occupant. The Board shall particularly specify in said notice what work is required to | be done and what material shall be | used in said repairs. If said repairs be not begun within five days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the Board may make such repairs, or enter into a contract with | any suitable person, at the expense of the owner, tenant, or occupant, after the specifications for the doing of said work shall have been conspicuously posted by it in its office for three days, inviting bids for the doing of said work. | Said bids shall be delivered to it at its office on or before the second day after | the completion of said posting and opened by it on the next day follow- ing; whereupon the contract shall be gwnrded to the lowest respensible bid- ler. All of said bids shall be preserved in the office of the Board, and shall be open at all times after “the letting of the contract to the insvection of all persons; and such owner, tenant, or oc- cupant, shall be liable to pay said con- tract price. Such work shall be com- menced within twenty-four hours af- ter the contract shall have been signed, and completed without delay to the sat- isfaction of the Board. Upon the com- pletion of such repairs by the con- tractor as aforesaid to the satisfaction of the Board, it shall make and de- liver to the contractor a certificate to the effect that such repairs have been properly made by said contractor to the grade, and that the charges for the same are reasonable and just, and that the Board of Public Works has ac- cepted the same. Sec. 17. If the expense of the work and materfal for therepairsprovided for in the last preceding section be notpaid on demand to the contractor so em- ployed, or his agent or assignee, said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and the certificate provided for in sald section shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same In such action. Sald certifi- cate shall be recorded by the Board of Public Works in a book kept by it in the office for that purpose, properly in- dexed, and the sum contracted to be pald shall be a lien as in case of other i.ssessments provided for in this chap- er. Sec. 18. In addition to the remedies above given the Supervisors may pre- scribe the penalties that shall be in- curredi by any owner or person ne- glecting or refusing to make re- pairs when required, as hereinbefore provided. Such penalty shall be en- forced for the use of the City and County by prosecution in the name of the People of the State of California in the Court having jurisdiction there- of, and may be applied in the case of fines, to the payment of expense of any ;zuch repairs not otherwise provided or. Sec. 19. The person owning: the fee, or the mortgagee of such fee, or the per- son who, on the day the action is com- menced, appears by deed duly recorded in the County Recorder’s office of the City and County, to have the legal title to the land, or the person in possession of lands, lots, portion of lots or build- ings under claim, or excreising acts of ownership over the same for himself, or as executor, administrator or guar- dian_of the owner, shall be regarded, treated and deemed to be the “owner” for all the purposes of this Chapter. And in case of property leased, the Dossession of the tenant or lessee hold- ing and occupying under such persons shall be deemed to be the possession of such owner. Sec. 20. Any tenant or lessee of any lot of land on which has been imposed |an assessment under the provisions of | this Chapter may pay said assessment, |or he may discharge any lability im- | posed thereon by virtue of the provis- | lons of this Chapter, or he may redeem | the property within the time prescribed v law, if legally sold on execution, and | may deduct the amount so paid from | the rents due and to become due from | him; and he shall have a lien upon, and may rétain possesion of, said lots un- til the amount so paid and advanced, with legal interest thereon, be satisfied | from accruing rents or by payment by | 1h§ owner. ec. 21. The records kept by the }Board of Public Works shallph&v}; the | same force and effect as other public |records, and duly certified copies therefrom may be used in evidence | | with the same effect as the originals. Sald records shall, during all office hours, be open, free of charge, to the inspection of any citizen wishing to examine them, c. 22. Notices in writing required to m by the Board may be served | by any person over the age of twenty- one years, and the fact of such service | may be verified by the oath of the per- | son making it. Such oath ‘may be | taken before the Secretary of said Board or b fore any member thereof. Sec. 23. When any street or portion | of a street has been or shall hereafter be fully constructed to the satisfaction of the Board of Public Works and of the Supervisors, and is in good condi- tion throughout, and a sewer, gas pipes, and water pipes are properly laid | therein, the same shall be accepted bv | the Supervisors by ordinance; and thereafter such street or portion of a street shall be kept in repair and im- | proved by the City and County. The | Bupervisors shall not accept any por- | tlon of a’street less than the entire width of the roadway including the curbing, and one block in length, orone entire crossing; but they may partly | or conditionally accept any street,with- | out a sewer or gas pipes or water pipes therein, if the ordinance of acceptance expressly states that they deem such sewer, or gas pipes or water pipes to be | then unnecessary. In such case the lots | of land previously or at any time as- | sessable for the cost of constructing a | sewer shall remain and be assessable for such cost and for the cost of re- pairs and restoration of the street | damaged in said construction, when- | ever the Supervisors shall deem a | sewer to be necessary and shall order | it to be constructed. The Board of | Public Works shall keep in its office 4 | | register of all streets accepted by the Supervisors under this section, which register shall be indexed for easy ref- erence thereto. Sec. 24. The Board of Public Works may at any time, without any applica- tion therefor, recommend to the Sup- ervisors to order the paving or mac- adamizing of the portion of any street required by law to be paved or mac- adamized by the person, company or corporation having railroad tracks thereon. Upon such recommendation the Supervisors shall by ordinance or- der said work to be done and direct said Board to notify said person, company, or corporation of the fact of the pas- sage of such ordinance. The Secretary of said Board shall thereupon forthwith in writing notify said person, company or corporation® of the passage of said ordinance; and if said person, company or corpora- tion shall not within ten days after re- ceiving said notice commence in good faith to do said work and prosecute the same diligently to completion, the Board shall invite sealed proposals for doing said work in the manner provid- ed in this Article; and all the provis- ions of this Article in regard to such proposals, to the awarding of con- tracts, to the execution of contracts, and to the doing of public work, shall apply to all similar proceedings taken under this section. On the completion of the work to the satisfaction of the Board the contractor shall be entitled to recover from such person, company or corporation the contract price for the expense of said work, together with incidental expenses, in an action instituted in a Court of competent ju- risdiction. . On the trial of such action, the certificate of the Board of the com- pletion of said work to its satisfaction shall be prima facie evidence of the regularity of all the proceedings prior thereto and of plaintifi's right to re- cover in said action. ’ Sec. 25. Except as otherwise in this Chapter specifically provided, no or- dinance for the improvement of any street other than for sewers, sidewalks and curbs, except for the improvement of the streets constituting or lying along the water front of the City and County, and except for such work as is provided for in the next preceding sec- tion, shall be passed by the Supervis- ors without extending said improve- ment throughout the whole width of such street. Sec. 26. Wherever in this Article the word “street” occurs, it shall be held to include all streets, lanes, alleys, places and courts which have been, or may be hereafter, dedicated and open to public use, and whose grade and width have been legally established; and the grade of all intermediate or intersecting streets in any one block shallbe deemed to conferm to the grades as established at the crossings of the main streets. The word “improvement” shall be held to include grading, paving, plank- ing, macadamiging, piling and capping; and the construction and repairs of sewers, drains, cesspools, manholes, culverts, sidewalks and curbs. & The term “main street” shall mean such street or streets as bound a block, and the term “street” shall in- clude crossing. The word “block” shall mean the blocks known or designated as such upon the maps and books of the As- Sessor. The term “quarter block,” as used in this Chapter as to irregular blocks, shall be deemed to include all lots or portions of lots, having any frontage on either intersecting street half way from such intersection to the nextmain street, or, when no main street inter- venes, all the way to a boundary line of the City and County. The word ‘“paved” shall include any pavement of stone, iron, wood or other material which the Supervisors may by ordinance order to be used; but no patented pavement shall be ordered during the existence of the patent therefor, until the owner of such pat- ent shall have transferred to the City and County all right to the use of the | be taken to said Yard, vislons of the preceding section, and of the delivery thereof, which books shull; at all times show the amount of sal material and supplies on hand andf n store, and when. to whom, and“ m_- what purpose each article was deliver ed. He shall be responsible for all mad- terfal and supplies in said Yard, ant shall not deliver any article exlcfp upon the written order or requlst%n of the President and Secretary of t lel Board of Public Works, and he shan take the written receipt, indorsed }hmam said order, of each person to W ?he any delivery is made, specifying t date of such delivery and the ammén and kind of material and supplies de- livered. ‘For any deficiency in his ac- counts, or for the delivery of any ar- ticle without such order or requlsmoin and receipt, he shall be liable upon his official bond. All cobblestones, or stone blocks or other material with which any street or portion of a street r;m;; have been paved orlplfnnked E?;llét‘renf‘t emoved Tom sal » be fakn o sal and there kept, same therein, with the privilege to any | accounted for ard disposed of by the person to manufacture and lay the same upon its streets under any con- tract that may be awarded to him, or entered into by him with the City and County. The term “‘expense!’ shall include the price at which tHe contract was award- ed, and the term “incidental expenses” shall include all expenses incurred in printing and adyertising the work con- tracted for, and all expenses for sur- veying, measuring and inspecting the work. = All notices and resolutions. required in this Article to be published shall be published dally, legal holidays except- ed, In the official newspaper. All notices herein required to be served, whether by delivery, mailing or posting, may be so served by any male citizen of the age of twenty-one years, and his affidavit thereof shall be prima facie evidence of such service. The affidavit by the .publisher of the official newspaper, or his clerk, of the publication of any notice required in this Article to be published, shall be arima. facie evidence of such publica- on. Sec. 27. When the owners of all the lands fronting upon any street which is less than forty feet in width, for the entire distance of said street, or for the distance of one or more entire blocks, shall petition the Board of Public Works that the said street, or that por- tion thereof upon which said lands front, be closed, the Board may pass a resolution recommending that the same be closed. Before passing such resolu- tion the Board shall cause a notice of the application to be published in the official newspaper, and shall fix a time and place at which it will consider the same and hear objections thereto. Upon such hearing it shall determine whether it will recommend that the street be closed; and if it shall so determine, it shall transmit such recommendation to the Supervisors. Thereupon the Super- visors may pass an ordinance that the street be closed; and the same shall not thereafter be, or be deemed to be, a public street, or subject to any public expense or improvement; and the land theretofore included within the road- | way and sidewalks of said street shall thereafter be the property of the City and County. No such ordinance shall be passed until the petitioners shall have paid all the expenses of said pro- ceedings. Sec. 28. In all cases where lands in the City and County shall be hereafter sub-divided and laid out into blocks or | tention, the Board shall cause plats, sub-lots, streets and alleys, or when new streets or public grounds i Storekeeper in the same manner as other supplies. CHAPTER IIIL Opening, Straightening, Widening, Extending and Changing the Grade of Streets. SECTION 1. When an application shall be made to the Board of Public Works for the straightening, widening or extending of any street, or for the laying out, establishing or opening of a new street, signed by the owners of a _majority of the frontage of the lands upon the line of said street, or proposed street, and such improvement requires the con- demnation of private property, and the Board shall by resolution determine that the improvement would be of pub- lic benefit, it shall make an estimate of the expense of such improvement, and determine by resolution the district which will be affected by, and should be assessed for, the expense of such im- provement. No proceedings shall be had upon the filing of such petition un- til after the persons signing the same shall have deposited with the Secretary of the Board an amount of money which, as may be determined by the Board, will be sufficient to defray all the expense that may be incurred in case the Supervisors shall not pass an ordinance for said improvement. Sec. 2. If within three months after the passage of the resolution determin- ing such district, a majority of the owners of the land within said district who shall also be the owners of two- thirds of the superficial square feet of the property included within said dis- trict, and of three-fourths in value of said property—including improvements thereon—estimating said value accord- ing to the last preceding Assessment Book of the City and County, shall present to the Board a petition for said improvement, verified by their oaths and describing the lands of which they are the owners, and showing the amount at which the same was as- sessed upon the last preceding Assess- ment Book of the City and County, and stating that they are the owners and in possession of the lands named in said petition, the Board shall pass a reso- lution of its intention to recommend | such improvement to the Supervisors, and shall in such resolution specify a day upon which it will hear any ob- jections that may be made to such im- provement. Before passing such resolution of in- to_be prepared a map or diagram of the dis- trict affected by and to be assessed for shall be laid out, opened, donated or |the expense of such improvement, upon | granted to the public by any proprietor, | which shall be delineated the several the map or plat thereof shall be sub- | lots of land upon which said assess- mitted to the Board of Public Works | ment is to be levied, and also the lots for its approval, and if the Board ap- | of land which are to be taken for such prove the same, such approval shall be | improvement, and showing the name of by it indorsed upon the said map or | the person to whom the said lots were plat, and said map with said approval | shall.then be filed in the office of the Recorder; and without such approval indorsed thereon no such map or plat shall be filed in the office of the Re- -corder, or have any validity; nor shall any street, alley, or public ground here- after opened and dedicated as such, be- come or be a public street or be subject to any public improtvement or expense without such approval, indorsement and record. No street hereafter laid out shall be approved or become a pub- lic street unless the same shall be at least forty feet in width and two hun- dred feet distant from any parallel street. Sec. 29. The Board shall annually in- vite proposals for cleaning and sprink- ling such of the streets of the City and County as the Board shall determine should be cleaned and sprinkled at the public expense. Before causing notice for such proposals to be published the Board shall divide the City and County into such number of districts as in its judgment will best induce competition for bids, and secure the cleaning an sprinkling of the streets at the lowest | It The Secretary of the Board shall, | cost. under its direction, on the first Monday in May of each year, cause to be pub- lished for a period of ten days a notice inviting proposals for cleaning and sprinkling each of said districts speci- fying in said notice the streets of each district which are to be cleaned and sprinkled, the number’ of times a weel that they are to be cleaned and sprin- kled, and the amount of security to be given with each contract. Bids shall be made for each district separately. All the provisions of this Article in re- lation to the making and opening of bids, awarding of contracts and enter- ing into and performance of contracts, shall be applicable to said contracts. The Board may, at the time it in- vites proposals for said cleaning And for said sprinkling, also invite propo- sals for sald cleaning separately’ and for said sprinkling separately, and may award such contracts accordingly as may be for the best interest of the City and County. The Board may also, with the consent of the Supervisors expressed by ordin- ance, purchase one or more machines | for sweeping the streets, and may en- | ter into contracts for sweeping streets with said machines; but the Board must give the preference to handsweeping so far as it can do so with reference to the proper sweeping of the streets and to the funds at its disposal. Sec. 30. The Board shall cause to be made all urgent repairs upon the pub- lic streets that may from time to time be requisite for the public safety, and for that purpose may employ such la- borers as may be necessary, and at such wages as may be from time to time fixed by the Board; but when the expense of the repairs upon any street or portion of a' street shall exceed the sum of five hundred dollars, exclusive of materials to be furnished from the Corporation Store Yard, the same shall be done under contract awarded in the manner provided in this Article. Sec. 31. The Board shall, from time to time, after it shall have been direct- ed so to do by the Supervisors by or- dinafce, invite proposals for supplying to the City and County such materials as may be required for the repair of the public streets or for any improve- ment thereof, and such preceedings shall be had in awarding the contracts therefor as are in this Article provided for awarding other contracts. Sec. 32. The Supervisors shall select some place in the City and County Wwhich shall be known as the Corpora- tion Store Yard, wherein shall be kept all supplies, material, implements and machines belonging to the City and County, tobeused in repairing or clean- ing and sprinkling the streets, or for any improvement thereon. The Board of Public Works shall appoint a Store- keeper for said Yard, who shall hold his office during its pleas- ure. He shall have the custody of said Yard and of all the sup- Dplies, material and implements therein, and shall keep books of account in which shall be kept a systematic ac- count of all purchases, and of the re- ceipt of subvlies and material under any contracts awarded under the pro- the | | | | | | assessed upon the last Assessment Book of the City and County, together with the amounts of such assessments. Sec. 8. The Secretary of the Board shall thereupon cause said resolution of intention to be published for a pe- riod of thirty days, non-judicial days excepted, and shall also cause a copy of said resolution to be deposited, post- age prepaid, in the Post Office at the City and County, addressed to each person whose name is delineated upon said map, at least ten days before the day named for hearing objections thereto. Sec. 4. At any time before the day fixed in such resolution for hearing ob- Jections to such improvement, any per- son interested therein may file with the Secretary of the Board his objections thereto, briefly stating the grounds thereof and the nature of his interest; and upqn the day fixed for hearing the same, or some day to which the hear- ing thereof shall then be postponed, the Board shall proceed to hear and filed. Sec. 5. If the Board shall determine hat such objections are sufficient to prevent a recommendation of the im- provement, it shall®pass a resolution to that effect, and no further proceedings shall be had under said petition. no objections have been filed, or if the Board shall determine that the objec« tions filed are insufficient, it may pass a resolution recommending to the Su- pervisors said improvement, and in its recommendation shall specially report to the Supervisors whether in its opin- jon the . land within the district speci- fied as affected by said improvement will be benefited to the extent of the expense of said improvement. Sec. 6. If the Board shall pass a resolution recommending said improve- ment, the Secretary shall forthwith transmit to the Clerk of the Supervis- ors a copy of said resolution, together with the petition, map, estimate of the expense of said improvement, and any objections that may have been filed; and the Supervisors shall at their first regular meeting thereafter, or at any meeting to which said hearing may have been adjourned, pass upon said recommendation, and may by resolu- tion adopt or reject the same. If said recommendation is rejected no further action shall be had thereon or upon said petition. If the Superyisors shall adopt said recommendation, they shall within thirty days thereafter pass an ordinance providing for said improve- ment, and may in said ordinance pre- scribe such rules for the conduct of the Board of Public Works respecting the assessment and valuation to be made by said Board, and providing for the condemnation of said lands, and the collection of said assessment, in addi- tion to, and not inconsistent with, the rules herein prescribed, as to said Su- pervisors shall seem expedient. Upon the passage of said brdinance the Clerk of the Supervisors shall transmit a cer< tified copy thereof to the Board of Public Works. 2 Sec. 7. Upon the receipt by the Board of a certified copy of said ordi- nance the Board - 1all cause to be made an_accurate survey of the con- templated improvement. and a map thereof,. upon which shall be deline- ated each and every lot of land to be taken or appropriated for the purposes of the intended improvement, showing its extent in feet and inches, and also each and every lot of land within the district determined to be affected by, and which is to be assessed for, the cost and expense of said improvement. After said survey and map are made, the Board shall pass a resolution fix- ing a day on or after which it will pro- ceed to value the several lots of land to be taken for the purpose of the in- tended improvement, and ascertain and determine the damages and bene- fits which may result therefrom. The Secretary of the Board shall cause said resolution to be published for a period of ten days before the day fixed in said resolution for Proceeding to_make said valuation. In estimating the damage to any lot by reason of any portion of said lot having been. taken for public use, as herein provided, the measure of dam- age to sald lot shall be the difference at the time of said appropriation be- e elason