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CHAP. CLXXXVI.-An Act to confer additional powers upon the Board of Supervisors of the City and County of San Francisco.

[Approved March 12, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

to grade

streets.

SECTION 1. The Board of Supervisors of the City and Board County of San Francisco is hereby authorized and empow- authorized ered to fill and grade to the official grade, as now or hereaf- certain ter established by said Board, and macadamize and culvert that portion of Seventh Street, in said city and county, lying between the northerly line of King Street and the southerly line of Santa Clara Street; also the intersection of Santa Clara Street with Pennsylvania Avenue, and such other portion of Pennsylvania Avenue as to said Board shall seem necessary and useful; also such portion of Santa Clara Street running easterly from Seventh Street as to said Board shall seem necessary and useful for travel and the interest and convenience of the public; said filling, grading, macadamizing, and culverting may be commenced, prosecuted, and completed without unnecessary delay after the passage of this Act, and notwithstanding the protests of any or all the property owners affected thereby, or liable to be assessed therefor.

SEC. 2. The said Board of Supervisors is also hereby same. authorized and empowered to establish, without unnecessary delay, such an official grade on and for said Seventh Street, between the southerly line of Bryant Street and the southerly line of Santa Clara Street, and also on said Santa Clara Street and Pennsylvania Avenue, and on the streets, alleys, and places intersecting said Seventh and Santa Clara Streets and Pennsylvania Avenue, as to said Board may seem proper, and may grade and improve the same, or any portion thereof, to such official grade, notwithstanding the protests of any or all property owners liable to be assessed therefor.

SEC. 3. The Board of Supervisors may, without any peti- Power of tion whatsoever on the part of any person or persons, com- Board. mence, prosecute, and complete the work contemplated in sections one and two of this Act, and pass all orders and resolutions, and do all things in connection therewith, as may be necessary to commence, prosecute, and speedily complete said work, in such a manner and with such materials as to said Board shall seem proper; and, for the purpose of carrying out the objects and intentions of this Act, all laws, Acts, and parts of Acts in force at the time of the passage of this Act, not inconsistent therewith, or any of the provisions thereof, regulating or providing for the improvement, grading, and macadamizing of public streets and highways in the City and County of San Francisco, and the levying, assessing, and collection of assessments for the improvement, grading, and macadamizing of such streets and highways are hereby made applicable to this Act.

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Duty of

Board.

Construction of drawbridge.

Costs, how paid.

SEC. 4. The said Board of Supervisors shall demand and receive from the Board of Seventh Street Commissioners of said city and county (which Board of Commissioners was created by an Act of the Legislature of the State of California, entitled an Act to open and establish a public street in the City and County of San Francisco, to be called Seventh Street, to take private lands therefor, and to grade, macadamize, and improve a portion of Seventh Street, and to construct a bridge thereon, approved April third, eighteen hundred and seventy-six) all books, papers, maps, diagrams, and other property and data in the possession of said Board of Commissioners connected with said Seventh Street, and when so received shall use the same for the purposes of this Act in doing said work, so far as the same can be made useful or applicable thereto, and the said Board of Commissioners shall, on demand, deliver all such books, papers, maps, diagrams, property, and data over to said Board of Supervisors.

SEC. 5. The said Board of Supervisors are hereby further authorized and empowered to construct a draw-bridge of such capacity, dimensions, and materials as to said Board shall seem proper, across Channel Street, as laid down upon the latest official map of said city and county, extending from the northerly line of said Channel Street, where Seventh Street intersects the same, to the southerly line of Channel Street, where Seventh Street intersects the same, said bridge to be a free, public bridge, and to be suitable for all traveling purposes. And all cost and expenses for constructing and maintaining the same shall be paid out of the General Fund of the treasury of said City and County of San Francisco, and the space required for said bridge is hereby excepted from the operation of sections one, two, three, and four of this Act.

SEC. 6. All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed.

SEC. 7. This Act shall take effect immediately.

Grade established.

CHAP. CLXXXVII.-An Act to establish the grade of Seventh
Street, between Bryant and Brannan Streets, in the City and
County of San Francisco.

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The grade of Seventh, on the south line of Bryant Street, shall be established at nine feet above base and decline therefrom on a uniform grade towards Brannan Street, a distance of four hundred and seventy-five feet, at which point it shall be seven feet above base, and from the said point it shall decline uniformly to the north line of Brannan Street as already established, and the grade as established by this Act shall be the official grade of Seventh

between Bryant and Brannan Streets until said grade shall be changed as by law provided.

SEC. 2. All Acts or parts of Acts that are in conflict with the provisions of this Act, for the purposes of this Act, are hereby repealed.

SEC. 3. This Act shall be in force and effect from and after its passage.

This bill having remained with the Governor for ten days (Sundays excepted), and the Legislature being in session, it has become a law this thirteenth day of March, A. D. eighteen hundred and seventy-eight.

THOMAS BECK, Secretary of State.

CHAP. CLXXXVIII.-An Act to amend an Act entitled an Act to establish and maintain a training ship in the City and County of San Francisco, approved February fifteenth, eighteen hundred and seventy-six.

[Approved March 13, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

tion author

ized.

SECTION 1. Section five of an Act entitled an Act to establish and maintain a training ship in the City and County of San Francisco, approved February fifteenth, eighteen hundred and seventy-six, is amended to read as follows: Sec- Appropriation 5. The Board of Supervisors of said city and county is . hereby authorized and required to direct to be paid out of the General Fund of said city and county, for the support and maintenance of said training ship, a sum not exceeding twenty-five thousand dollars per annum, and an additional sum of twenty-five thousand dollars per annum is hereby appropriated out of the State treasury for the support and maintenance of said training ship, and the State Controller is hereby required to draw his warrant in favor of, and the State Treasurer to pay to the City and County of San Francisco the said sum of twenty-five thousand dollars per annum, for the purposes aforesaid, and the Auditor of said city and county is hereby required to audit all claims passed by said Board in pursuance of the provisions of this Act, and the Treasurer of the said city and county is hereby directed to pay the same.

vided.

SEC. 2. The said Board of Supervisors shall provide Accommodaaccommodations on said training ship for not less than two tions prohundred boys at all times, and shall provide officers and instructors sufficient for their government.

admitted.

SEC. 3. Of the total number of boys provided for by this Number Act one hundred may be admitted from the City and County of hos of San Francisco and one hundred from the other counties of the State of California, as may be determined by an

Advisory
Board.

Duty of

same.

Advisory Board provided for in the next succeeding section of this Act.

SEC. 4. An Advisory Board, consisting of three members, to serve without compensation, shall be appointed by the Governor of the State, at his earliest convenience after the passage of this Act, to which Board a report shall be made quarterly of the condition and operation of said training ship, by said standing committee of said Board of Supervisors. It shall be the duty of said Advisory Board to inspect said training ship from time to time, as may be necessary, and to make such apportionment and such changes in the number of boys apportioned to each county (the County of San Francisco excepted) as may be found necessary to secure to the several counties of the State the full number of boys herein provided for. The population of each county shall form the basis of said apportionment. SEC. 5. This Act shall take effect and be in force from and after its passage.

City liable

CHAP. CLXXXIX.-An Act to ascertain the amount and provide for the payment of damages done to St. Francis' Church property, in the City and County of San Francisco, by changing the grade of Montgomery Avenue in said city and county.

[Approved March 15, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The City and County of San Francisco shall for damages. be liable to the congregation of St. Francis' Church, in said

Commis

sioners

declared.

Meeting

of same.

city and county, for all damages to the church building and property of said congregation, by reason of the lowering of the grade of Montgomery Avenue and Vallejo Street, in pursuance of an Act entitled an Act to change and modify the grade and to provide for the grading and regrading of certain portions of Montgomery Avenue, and of certain portions of certain streets intersecting Montgomery Avenue, in the City and County of San Francisco, approved April third, eighteen hundred and seventy-six. Such damages shall be assessed and paid in the manner hereinafter provided.

SEC. 2. The Mayor, the City and County Surveyor, and the Superintendent of Public Streets, Highways, and Squares of said city and county are hereby appointed Commissioners to ascertain and assess said damages. As soon as practicable after the passage of this Act the Commissioners shall give notice, for the period of ten days, by publication in some newspaper published in said city and county, of a time and place at which they will meet for the purpose of hearing evidence in regard to the damages. At the time and place specified in the notice, or at some other time and place of which previous notice shall have been given as above pro

vided, the Commissioners, or a majority of them, shall meet and proceed to hear such evidence as may be brought before them, and the hearing may be adjourned from time to time without further notice. All persons interested in the proceedings may appear before the Commissioners and introduce evidence. The Commissioners shall include in their estimate of damages the cost of any changes and alterations. made or to be made in or about said building, so far as such changes and alterations may appear to them necessary or proper by reason of the lowering of the grade as aforesaid. In order to enable them to determine the cost of changes and alterations to be afterwards made, they shall be furnished with plans, drawings, and estimates by one or more competent architects.

by Com

SEC. 3. After hearing the evidence the Commissioners Award of shall assess and award such damages as they may deem to be damages just and reasonable, including the cost of changes and altera- missioners. tions as aforesaid, and shall make a written report thereof to the Board of Supervisors of said city and county, stating the amount of the damages and the cost of the proceedings. On receiving said report the Board of Supervisors shall make an order referring to the report and directing the payment of such damages and cost, the amount of which shall be stated in the order. Said order need not be published or approved by the Mayor. A certified copy of said order shall be presented to the Auditor of said city and county, who shall thereupon draw his warrant on the Treasurer for the amount of the damages and cost, as stated in the order. The warrant shall be drawn in favor of Joseph S. Alemany, or some other person authorized to act for and represent said congregation, and shall be paid by the Treasurer, out of the General Fund, in gold coin of the United States.

SEC. 4. The acts to be performed by the Commissioners Compensaas aforesaid may be performed by any two of them, and each tion." of the Commissioners shall receive a reasonable compensation for his services, to be fixed by the Board of Supervisors, and paid out of the General Fund, upon the warrant of the Auditor.

walk.

SEC. 5. If the changes and alterations in or about said Right given building should require the use of a portion of the sidewalk to use side on Vallejo Street for the erection of steps, platforms, or other like purposes, the right to the use of the same is hereby granted to the extent of six feet in width on the northerly side thereof, in front of said building, such right to continue for the period of twenty years.

SEC. 6. This Act shall take effect and be in force from and after its passage.

This bill having remained with the Governor ten days (Sundays excepted) and the Legislature being in session, it has become a law this fifteenth day of March, A. D. eighteen hundred and seventy-eight.

THOMAS BECK, Secretary of State.

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