The San Francisco Call. Newspaper, April 10, 1898, Page 40

wore than one-half of the superficial area of the district, may make written objections to the same within ten days | after the expiration of the time of the | publication of said resoiution of inten- tion, which gbjections shall be dehvcre@ to the Secretary of the Board of Public Works, who shall endorse thereon the date of its reception by him. Such ob- jections shall be a bar for six months to 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 t, as aforesaid, shall | meanwhi. tion for the same to be | me shall, after the ex- | piration of said six months, be contin- ued under the resolution of intention first passed if said Board shall deem | proper. If, however, the owners of at | least two-thirds of the property front- | lug on said 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 0 e written objections to the e ‘within sald six months, no fur- ther proceedings shall be taken under | :he afore d resolution of intention. When the work or improvement pro- posed to be done is the construction of sewers, manholes, culverts or cess-| pools, and the objections thereto are | signed by the owners of a maiority of | he frontage or of the district as afore- said, the Board shall, at its next meet- ing, fix a time for hearing said objec- tions, not less than one week there- after. The Secretary shall thereupon aotify the persons making such objec- tions, by depositing a notice thereof in the Post Office at the City and County, postage prepaid, and addressed to each objector or his agent when he appears | for such objector. At the time speci- fled the Board shall hear the objections arged, and pass upon the same, and its decision shall be final and conclusive; | and if said objections are overruled the | proceedings shall be continued as bugh no obj ons had been made. vefore the making of | as hereinafter provid- of lots of land lable to | ment therein, who, after the first | fcation of the aforesaid resolution | intention, may feel aggrieved, or who may have objections to any pro- sam the tlon, may file with the Secretary a pe- | ork described in said resolu- tition | shall of state in ieved, or tt remonstrar ce, wherein they | respect they feel | At proceedings to which Such petition or remon- ed upon by the its ¢ on thereon shau‘ 1 and conclusive. n the contemplated work in the opinion of the joard lic Works is of more than | ocal or ordinary public benefit, it may | ¢ to the Supervisors that the | such work or improvement geable upon a district, shall in its res- out the district or improvement | sed to pay the expense tions to the extent and es of the district of lands to | ed by said work or improve- | ¥y be made by any interested | y, in wr , within ten days ag- | xpiration of the time of pub- | 2 resolution of intention. | of the Board shall lay | s before it and the Board | next meeting, fix a time | aid objections not less there; The Secre- reupon notify the p 1g such objections by depc otice thereof in the Post Office at the r.and County, postage prepaid, ad- d to each objector. At the time | ed the Board shall hear the ob- | urged and pa | and {; d objection jon sha 1s to the e ons are overruled, its | be final and conclusive | tent and boundaries of the tions are sustained, the hall proceed to set out annther| to the extent and boundaries | >f which objectic may be made and 1 hearing had thereon as above pro- | vided; & so0 on in like manner until | rict has been set out to the ex- | d boundaries of which all ob- | 11 be overruled by the Board | in that behalf to be final | ve; and thereupon the pro- | and cc ceedings shall continue the same as if | 10 objections had been made. In its rt to the Supervisors the Board | hall accompany its report with a dia- | n on which shall be delineated each | rate lot, piece or parcel of land, | a in square feet of each of such | ces or parcels of land, and the ive location of the same to the| K or improvement proposed to be within the limits of the district. | Such diagram shall be certified to be | rrect by the Secretary of the Board. | S 6. When the work under any | ct shall have been completed, the | ractor 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- al or written, with any per- | e to be assessed for said work, | any one on his behalf, to ac- | ept a price from him less than the | price named in said contract, or to p v rebate or deduction to him | m such price. Any such agreement | all be med a fraud upon all per- sons liable to be as: d 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 assessment made for the work done under such contract; and | where there is more than one contractor | each contractor shall make such affi- t 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 incidental expenses), in conformity with the provisions of this | Artl according to the nature and character of the work. The assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, 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 assessed thereon); the number of each lot assessed, and shall have at- 1 thereto a diagram exhibiting street or street crossing on which the work has been done, and showing the relative location of each distinct lot to the work done, numbered to cor- respond with the numbers in the as- sessment, and showing the number of front feet assessed for sald work. A mistake in the name of the owner shall not {nvalidate any assessment. ‘When the expense of such work falls In part upon any person, company or corporation having railroad tracks upon the street where such work has been done, said assessment shall in- clude an assessment against said per- BOn, company or corporation, for its legal proportion of said expense, and the same shall constitute a lien upon the road-bed. rolling stock, franchises and other property of such person, company or corporation, for a period of two years from the date of record- Ing the warrant, assessment and dia- gram hereinafter provided for. Sec. 8. The expense of all work or !mprovement 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 heen 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 | cesspools, culverts, that may be assessed to, propertyl owned by the City and County or by | any department thereof. | ¢. Ui all work done in front of, or| that may be assessed to, propertyi owned by the United States. ’ Second.—The expense of all sewers, cesspools, manholes, culverts and | drains, and of all grading, planking, macadamizing, 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 be 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, company, or corporation, having 1-:1!1-L 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 & sum great- | er than fifty per centum of the value | at which said 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, alleys, places, or 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 foot 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 main streets, half way to the next main street crossing, and all the way on sald blocks to a boundary line of the city where no such crossing intervenes,’ but only according to its frontage in said quarter blocks and irregular blocks. Subdivision Four—Where a main street terminates in another main street, 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, | Said work or improvement, establish | by resolution a method by means of | | width of said street upon the lot or lots | which such assessment shall be made; | fronting on the latter half of the street | 8&nd on the completion of the work or and the expense of the other half of the | at such termination. | Subdivision Five—Where any alley | or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said | alley or subdivision street to the next| of such alley or subdivision street if it | does not meet another. Subdivision Six—The expense of work | done on alley or subdivision street| crossings shall be assessed upon the lots fronting upon such alley or subdi- | vision 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 al- | ley or subdivision street, if it does not meet another. Subdivision Seven—Where a subdivis- ion 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, crosswalks, piling 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 expense shall be made onlv 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 sald street, to its full width, or to the centre line thereof, | and to its grade as then established, and thereupon may procure, at his or their own expense, a certificate from the City Engineer setting forth the number of cubic yards 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 establishedwidth and grade of sald 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. ‘Whenever thereafter the Supervisors order the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and contract must express the price by the cubic yard for cutting and filling in grading, and such owner or owners, and his or their successors in interest, shall be entitled tocreditonthe assessment upon his or their lots and lands fronting on said street for grad- ing thereof, to the amount of the cu- bic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, if the grade meanwhile has been legally changed, only for 80 much of said certified work as would be required for grading to the grade as chang~d. 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 that may be made upon the public streets and highways. changed grade so much of said certi- fied work as would be required for CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. sponding credits, deducting the same as payments upon theamountsassessed against the lots and lands owned re- spectively by sald certified owners and their successors in interest; but he shall not include any grading quanti- ties or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting upon said 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 shall 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 expense 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 officfal grade, and in condition satisfactory to the Board of Public Works at the time sald order is passed. Subdlvision Ten—The Board of Pub- lic 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 official grade. The lots 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; but this shall not be construed so as to affect the special provisions as to grading contained in 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- filled 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 recelved 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 afnount of the ex- pense of such proposed work, and in so doing shall assess said 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 lots, portions of lots, or subdivisions of 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, | before it passes a resolution of its in- | tention to recommend the ordering of | 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 s upon the same, | o ossng or intersection, or to the end | 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 eountersigned by the Secretary thereof. Saild 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 in it, does authorize and empower (name of contractor) (his or their) agents, or assigns, to demand and re- ceive the several assessments upon the assessment and diagram hereto at- tached, and this shall be (his or their) warrant for the same. (Date)—. (Name of President of Board of Public Works.) Countersigned by (Name of Secre- 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 upen the lands, lots, or portions of lots | 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- ing of any warrant, assessment &nd diagram, all persons interested In said avscssment shall be deemed to have no- | tice «f the contents of the record thetreof. After said warrant, assessment and diagram are recorded, the same shall be dehivered to the contractor, or his agent or assigns, on demand, but not ‘until after the payment to the Board | 0? the incidental expenses not previ- ously paid by the contractor or his as- signs. By virtue of said warrant said contiactor, 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 judgment of any court in this State having jurisdiction to render such judsg- ment, that any suit brought to foraclose the lien of any assessment for street work made under this Chapter, or in the recording thereof, has been defeated by reason of any defect, error, infor- mality, omission, irregularity, or itle- ga'ily, 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- teresied therein may, at any time with- in seven months after the entry of said fina! judgment, apply to the Board for arcther assessment to be issued In con- formity to law; and the Board shall, within 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- tng, 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. 5 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 recelpt if demand- ed. When the persons so assessed, or thelr 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- A Qf all work dene in frout of, or | grading thareto, and shall epter corre- | ments remaln unpald in whole or -in 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 suit has been commenced shall operats, | without the consent of the plaintiff in ‘the action, as a complete discharge of ithe lien until the costs in the actlon 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 agalnst any lot or on the production to it of the receipt of the party or his assigns to Whom the assessment and warrant were {ssued. 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 Wwhich 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 aforesald, all amounts remaining due thereon | shall draw interest at the rate of seven per centum per annum until pald. 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 Who claim that the work has not been performed according to the contract in & 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 flling 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 |1n 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 | pleted according to the directions of tlon direct the Board of Public Works to correct the warrant, assessment or dlagram in any particular, or to make and issue a new warrant, assessment sions of the Supervisors In relation thereto. All the decisions and determinations of the Supervisors, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all erro informalities and irregularities, which the Supervis- ors might have remedied and avoided; innd no assessment shall be held in- | | valid, except upon appeal to the Su- for any error. informality or other | same. | Sec. 15. 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. altered 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 | 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 said 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 diagramarebased. andlikeevidence of the right of the plaintiff to recover in ithe 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 such premises to be sold on execution as in other cases of the sale of real estate by the process of said Courts. In all actions brought to enforce the lien of assessments made pursuant to the provisions of this Chapter the pro- ceedings 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 property 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 sald 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 sald 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 glven as aforesaid. and diligently and without {interruption prosecuted to completion, the Board may make such repairs, or enter into a contract with any sultable person, at the expense of the owner, tenant, or occupant, after the specifications for the doinz 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 comnletion of sald posting and opened by it on the next day follow- ing: whereupon the contract shall be gwarded to the lowest respoensible bid- ler. All of said bids shall be preserved in the office of the Board, and shall be oven at all times after the letting of the contract to the inspection of all persons; and such owner. tenant, or oc- cupant, shall be ljable to pay said con- tract price. Such work shall be com- menced within twentv-four hours af- ter the contract shall have been signed, completed without delay to the sat- Just; and require the work to be com- | | the Supervisors, and may at their op- | and diagram to conform to the deci- | pervisors, as provided in this section, | defect in the proceedings prior to the | | assessment, or in the assessment it-| self, where the Board of Public Works | | has acquired jurisdiction to make the At any time after the period | of thirty-five days from the day of the | | date of the warrant, or if an appeal | may sue in his own name the owner or | 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 sald 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 material 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 said 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. Said 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 paid shall be a lien as in case of other ;lssessmem.s 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- curred 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 iuch 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 excrcising 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 possession 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 liability im- posed thereon by virtue of the provis- lons of this Chapter, or he may redeem the property within the time prescribed by 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 retain posse-sion of, said lots un- til the amount so paid and advanced, with legal interest thereon, be satisfied from accruing rents or by payment by the owner. Sec. 21. The records kept by the Board of Public Works shall have the same force and effect as other public records, and duly certified copies therefrom may be used in evidenc: with the same effect as the originals. Said records shall, during all office hours, be open, free of charge, to the inspection of any citizen wishing to examine them. Sec. 22. Notices in writing required to be given 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 Supervisom 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 Supervisors shall not accept any por- tion 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 a 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- pietion of said work to its satisfaction shall be prima facie evidence of the regularity of all the proceedings prior thereto and of plaintiff'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 conform to the grades as established at the crossings of the main streets. The word “improvement” shall be held to include grading, paving, plank- ing, macadamizing, piling and capping; and the constmctlén and repairs of sewers, cesspools, manholes, culverts, drains, 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 knewn 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 same therein, with the privilege to any 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. A 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 advertising 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 daily, legal holidays except- ed, in the official newspaper. All notices herein required to be served, whether by delivery, malling or postihg, 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 prima facie evidence of such publica- tion. 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 saild 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 | plats, sub-lots, streets and alleys, or when new streets or public grounds shall be laid out, opened, donated or granted to the public by any proprietor, the map or piat thereof shall be sub- mitted to the Board of Public Works for its approval, and if the Board ap- prove the same, such approval shall be by it indorsed upon the said map or 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 improvement 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 and sprinkling of the streets at the lowest cost. The Secretary of the Board shall, 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 week 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 sald sprinkling, also invite propo- sals for said 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 the 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. 81. The Board shall, from time to time, after it shall have been direct- ed so to do by the Supervisors by or- dinance, 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 proceedings 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 which 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 sald Yard, who shall hold his office during its pleas- ure. He shall have the custody of said Yard and of all the sup- plies, 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 suoolies and material under any contracts awarded under the pro- f the preceding section, and of g:iodne:lgery thereof, which books shail at all times show the amount of said material and supplies on hand and in store, and when. to whom, and for what purpose each article was deliver- ed. He shall be responsible for all ma- terlal and supplies in sald Yard, and shall not deliver any article except upon the written order or requisition of the President and Secretary of the Board of Public Works, and he shall take the written receipt, indorsed upon said order, of each person to whom any delivery is made, specifying the date of such delivery and the amount 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 requisition 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;\ay have been paved or planked shall, if at any time removed from said street, be taken to said Yard, and there kept, accounted for and disposed of by the Storekeeper in the same manner 2s other supplies. CHAPTER IIL 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 ba, 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 suflicient 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 sald dis- trict, and of three-fourths in value of said property—including improvementa 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- tention, the Board shall cause to be prepared a map or diagram of the dis- | trict affected by and to be assessed for | the expense of such improvement, upon which shall be delineated the several lots of land upon which said assess- ment is to be levied, and also the lots of land which are to be taken for such improvement, and showing the name of the person to whom the said lots were assessed upon the last Assessment Book of the City and County, together with the amounts of such assessments. Sec. 3. 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 Jmap, 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 upon 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 determine the sufficiency of any objec~ tions which may have been filed. Sec. 5. If the Board shall determine that 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. If no objections have been filed, or if the Board shall determine that the objece 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- ion the land within the district speci- fled 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 sai@ 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 Supervisors 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 ordinance the Clerk of the Supervisors shall transmit a cer tified copy thereof to the Board of Publia Works.7 - % Sec. 7. Upon the receipt by t Board of a certified copy of saig or(illf nance the Board shall cause to he 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 sald survey and map are made, the Board shall pass a resolution flx.' 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 {n- 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 dayr, 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 said lot shall be the difference at the time of said gppropriation be-