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Width of avenue.

Grading and macadamizing.

Advertise

ments for sealed proposals.

bidders for such improvements, with the obligation to remove them within the time specified in the terms of sale, the said Board shall cause the same to be removed at the cost of said Fifteenth Avenue Extension Fund.

SEC. 15. Fifteenth Avenue Extension shall be of the width of Fifteenth Avenue, and shall be filled, graded to the official grade, and macadamized to the width of forty-two feet.

SEC. 16. Whenever the judgments of said County Court shall be entered and become final on the confirmation of said report, the said Board may call, in its discretion, every three months thereafter, for twenty-five per cent. of the amount of said judgments to be paid, and whenever said per cent. shall have been paid, the land hereby condemned paid for, and the expenses paid as provided in this Act, said Board of Commissioners shall proceed to fill, grade, and macadamize said avenue as specified in this Act, and to construct said bridge, and for that purpose said Board shall advertise for sealed proposals.

SEC. 17. The advertisements shall call for proposals in each kind of work for said avenue, as in the opinion of said Board may be deemed advisable, and for the construction of said bridge. Said advertisements shall be published daily for ten days in two daily newspapers printed and published in said city and county, and shall require that all bids shall be handed in to said Board within ten days after the first publication of said advertisement, accompanied with bonds in favor of said Board, with sureties satisfactory to said Board, that the bidders will, if the contract be awarded to them, enter into the same as provided in this section. Said advertisements must also state that said Board reserves the right to reject any and all bids, and shall refer to specifications which shall be prepared by said Board and filed in its office, specifying in detail the material of which, and the time and manner in which said works may be constructed. All proposals handed in to said Board, in pursuance of said advertisements, shall be publicly opened by said Board at the time and place specified therefor in said advertisements, and said Awarding of Board shall thereupon award said contracts to the lowest bidders therefor respectively; provided, their bids and sureties are satisfactory to said Board. The parties to whom said contracts respectively shall be awarded, shall then enter into written contracts with said Board for the performance of said work in accordance with stipulated specifications, and with said advertisements for proposals, and for the completion of the said work within the period fixed therefor. Such contracts shall be accompanied with bonds on the part of the said contractors respectively, in sums equal to one-half of the contract price, with sufficient sureties, to be approved by said Board, conditioned for the faithful performance of the same, and shall specify the dates, to be fixed by said Board, at which the respective works shall be commenced, and the length of time allowed for the completion thereof. Upon the execution of contracts and bonds, the work shall be commenced at the date fixed therefor, and prosecuted daily

contracts.

to completion. In case the parties to whom such contracts shall be awarded, or either of them, shall fail, within ten days after notice of said award, to enter into the contract prepared by said Board, he or they shall forfeit the amount fixed in the bond accompanying his or their proposal, and said Board shall proceed to advertise again for proposals in like manner as before, and so on toties quoties. All bonds shall be given to the people of the City and County of San Francisco, and any suits thereon shall be maintained in the name of the people of the City and County of San Francisco, and all moneys collected on said bonds shall be paid in to said Treasurer for the benefit of the General Fund of said city and county.

SEC. 18. Said Board is hereby authorized to draw its war- Warrants. rants, in like manner as provided in this Act, upon the Treasurer of said city and county, for any amount in his hands collected on the judgments for the assessments levied in pursuance of the provisions of this Act, and placed to the credit of said Fifteenth Avenue Extension Fund, for the purpose of making payments under the contracts entered into for the various works and constructions authorized and directed in this Act, and for the payment of any and all of the costs of opening said avenue, and of the construction of said bridge; provided, however, all warrants drawn upon said Treasurer by said Board, pursuant to this section, shall be paid by him in order of registration, if then due, out of any funds in his hands to the credit of said Board.

SEC. 19. All assessments provided for in this Act shall be Gold coin. in gold coin of the United States of America, payable and collected in gold coin, unless otherwise provided for; and all contracts, bonds, payments, and warrants shall be in gold coin.

ments.

SEC. 20. When the said Board of Commissioners shall Satisfaction have called for twenty-five per cent. of said judgments of of judg said County Court, the same shall be payable within thirty days from the date of said calls; and upon the neglect or failure to pay the same, or any part thereof, of either of said calls of said Board, within thirty days of the date thereof, the said Board may proceed to collect the whole of said several judgments, as in this Act provided, the same being hereby declared and made due and payable in full upon any such failure or neglect; and whenever all of said land condemned under this Act is paid for, all of said work completed and paid for, all the expenses, costs, and salaries hereinbefore provided for paid, the said Board of Commissioners shall authorize the said County Clerk, in writing, to enter a satisfaction of the balance of any judgments, or parts of judgments, remaining uncalled for by said Board, all previous calls of said Board having been paid.

SEC. 21. This law, and all acts and proceedings hereunder, shall be liberally construed, and the judgments and proceedings of the County Court hereunder shall be construed like judgments and proceedings of Courts of general jurisdiction. The word "persons," when used in this Act, shall be held and construed to include "corporations." All Acts or parts

of Acts, so far as they conflict with this Act, are hereby repealed. All acts and proceedings to be done by said Board of Commissioners may be done or performed by a majority of its members. Whenever all the provisions of this Act have been complied with, the functions of said Board shall

cease.

SEC. 22. This Act shall not be operative except upon the filing of the petition and passage of the resolution described in section four of this Act.

CHAP. DVIII.-[See volume of Amendments to the Codes.]

[This Act also repeals "An Act in relation to solvent debts other than those secured by mortgages or other liens," approved March twenty-eighth, eighteen hundred and seventy-four.]

Providing

Seventh

Street.

CHAP. DIX.—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 Aprił 3, 1876.]

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

SECTION 1. The following described piece of land, situated for opening in the City and County of San Francisco, to wit: Beginning at a point where the center line of Seventh Street intersects the northerly line of Center or Sixteenth Street; thence southeasterly along the said center line of Seventh Street produced, to the westerly line of Kentucky Street and intersecting therewith; said Seventh Street, so to be hereby opened, to be laid out to a width of forty-one feet and three inches on each side of said center line of Seventh Street produced, southeasterly to Kentucky Street, is hereby taken and forever dedicated as an open public street; and when paid for as hereinafter provided, or when the same or any portion thereof is donated for the purposes of this Act, the title thereto shall vest in said city and county for such purpose forever, as the title of other public streets in said city and county is now vested, and said street shall hereafter be known and designated as Seventh Street.

Grades.

SEC. 2. The grade of such of the cross-streets as intersect said Seventh Street shall be adjudged by the Board of Supervisors of said city and county, so as to make them conform to the grade of said Seventh Street, as the same hereby is or as it may be hereafter established; and the grade of said Seventh Street shall be established by said Board of Super

visors, which is hereby authorized and directed to pass all necessary orders for that purpose.

assessed.

SEC. 3. The value of the land taken for the opening of Costs, how Seventh Street, and the damages to improvements thereon, or adjacent thereto, injured thereby, and all expenses whatsoever incident to the opening of said street, shall be held to be the cost of opening, grading, macadamizing, and culverting said street, and the said expense, together with the expense of grading, macadamizing, and culverting Seventh Street, from the southerly line of King Street to the westerly line of Kentucky Street, shall be assessed upon the district hereinafter described.

assessed.

SEC. 4. The district upon which the cost of making, open- District to be ing, establishing, grading, macadamizing, and culverting said street, is hereby described and designated as follows: Commencing at the southwesterly line of Seventh Street, where Market Street intersects the same, and running thence southwesterly, at right angles, eighty feet; thence at right angles southeasterly, and parallel with Seventh Street, to the northerly line of Brannan Street; also, commencing at the southwesterly corner of Seventh and Brannan Streets, and running thence southwesterly, along the southerly line of Brannan Street, four hundred feet; thence at right angles southeasterly and parallel with Seventh Street, to the northerly line of Berry Street; also, commencing at the southwesterly corner of Seventh and Berry Streets, and running thence southwesterly, along the southerly line of Berry Street, eight hundred feet; thence at right angles southeasterly, and parallel with Seventh Street, to the westerly line of Kentucky Street; also, commencing at the southeasterly corner of Market and Seventh Streets, thence at right angles northeasterly, along the southeasterly line of Market Street, eighty feet; thence at right angles southeasterly, parallel with Seventh Street, to the northerly line of Brannan Street; also, commencing at the southeasterly corner of Seventh and Brannan Streets, and running thence easterly, along the southerly line of Brannan Street, four hundred feet; thence at right angles southeasterly, parallel with Seventh Street, to the northerly line of Berry Street; also, commencing at the southeasterly corner of Seventh and Berry Streets, and running thence easterly, along the southerly line of Berry Street, four hundred feet; thence at right angles southeasterly, and parallel with Seventh Street, to the westerly line of Kentucky Street, excepting and reserving therefrom all public streets within said exterior lines.

Surveyor to

sioners.

SEC. 5. The Mayor of the City and County of San Fran- Mayor, cisco, the Auditor of said city and county, and the City and Auditor, and County Surveyor, and their successors in office, are hereby be Commis constituted a Board of Seventh Street Commissioners, and as such shall possess all the powers and perform all the duties prescribed in this Act. They shall each receive a compensacompensation of five hundred dollars for their services. The tion." said Board may also allow and pay such sums as may be necessary and reasonable for clerks, draughtsmen, surveyor, attorneys, and other incidental expenses. The Mayor shall

Secretary,

etc.

Notice to property owners.

Powers and duties of Commissioners.

Report.

be ex officio President of said Board. The said Board shall adopt and procure an official seal, which may be used to verify their official acts. The said Board may issue certificates of indebtedness, under their official seal and the signature of the President, for preliminary and incidental expenses.

SEC. 6. Said Board shall employ a Secretary and such attorneys, clerks, draughtsmen, searchers of records, and other assistants, as they may deem necessary and proper, and shall allow them a reasonable compensation.

SEC. 7. As soon as convenient, after the passage of this Act, said Commissioners shall publish a notice, for not less than ten days, in one of the daily newspapers printed in the City of San Francisco, informing property owners along the line of said street that the Board is organized, and inviting all persons interested in property sought to be taken, or which would be injured by said opening and establishing, to sent to the Board maps and plans of their respective lots, and a written statement of the nature of their claim or interest in such lots. Said Commissioners may also procure abstracts of the title of any of the lots of land taken for said opening and establishing, or liable to be assessed therefor.

pre

SEC. 8. The said Board of Commissioners having prepared and adopted suitable maps, plans, and diagrams, shall proceed to ascertain and determine, and separately state and set down in a written report, to be signed by at least a majority of said Board, the description and actual cash value of the several lots and subdivisions of land and buildings included in the land taken for the opening and establishing of said Seventh Street, and the damage done to the property along the line of said street. In making said report, said Board shall severally specify and describe each lot and subdivision, or piece of property, taken or injured by the opening and establishing of said street, as far as the owners of the same have furnished an accurate description thereof, and shall set down against each lot, subdivision, or piece of property the names of the owners, occupants, and claimants thereof, or of persons interested therein as lessees, incumbrancers, or otherwise, and the particulars of their interest, as far as they can be ascertained, and the amount of value or damage determined upon for the same respectively. If in any case said Board shall find that conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any lot of land, or of any interest therein, it shall be set down as belonging to unknown owners. Said Board shall also proceed to ascertain and set down in a written report a description of the several subdivisions or lots of land included in the districts designated in section four of this Act, and opposite to such description shall set against each lot or subdivision the sum or amount in which, according to the judgment of the Board, the said lot has been, or will be, benefited by reason of the opening and establishing of said street, relatively to the benefits accruing to other lots of land within said designated districts. Said Board shall also set against each lot or subdivision, as aforesaid, the names of

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