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CHAP. DLXXXIII.-An Act providing for the removal of the

remains of deceased persons interred in California Street, west of Lyon Street, in the City and County of San Francisco, and for the grading of California Street, between Lyon Street and First Avenue, in said city and county.

[Approved April 3, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The Board of Supervisors of the City and supervisors County of San Francisco is hereby authorized and empowered to cause the remains of deceased persons interred in removed. California Street, west of Lyon Street, in said city and county, to be disinterred therefrom, and removed to and reinterred in the city cemetery, and to remove from the graves in said street all distinctive marks, head-boards, stones, tablets, monuments, fences, or other insignia or ornaments, and reërect and place the same in and around the respective graves where the remains are reinterred, under such direction and in such a manner as to said Board shall seem proper, and to that end and for that purpose said Board of Supervisors is hereby authorized to expend a sum not to exceed three thousand dollars.

SEC. 2. * Upon the completion of the work, and the removal california of the remains of deceased persons, as provided for in the Street to be preceding section, it shall be and is hereby made the duty of the Board of Supervisors of said city and county, to declare its intention to grade said California Street, from Lyon Street to First Avenue, and thereafter to order said work to be done, and to award a contract to perform said work to the lowest responsible bidder or bidders therefor, and all the proceedings in relation to the grading of said street, between the points named, and to making and collecting the assessment for the cost of said work, shall be had under the provisions of an Act entitled “An Act repealing Article Fourth of an Act entitled an Act to repeal the several charters of the City of San Francisco, to establish the boundaries of the City and County of San Francisco, and to consolidate the government thereof, approved the nineteenth day of April, eighteen hundred and fifty-six, and all Acts and parts of Acts amendatory thercof and supplementary thereto, and substituting this Act for said Article Four," approved April first, eighteen hundred and seventy-two, excepting that jurisdiction is hereby conferred upon said Board of Supervisors to take and perform all of the necessary steps and proceedings to have said street graded, without any petition from and notwithstanding the protest of any or all of the property owners interested or affected.

SEC. 3. The Auditor of said city and county is hereby Auditor authorized to audit, and the Treasurer to pay out of the Gen- Warrant. eral Fund, all amounts allowed and ordered paid by said Board of Supervisors, not exceeding the sum of three thousand dollars, under the provisions of section one of this Act. SEC. 4. This Act shall take effect immediately.

Extension of

,

CHAP. DLXXXIV.-An Act to open and establish a public

street in the City and County of San Francisco, to be called * Sixth Street ; to take private lands therefor; and to grade, macadamize, and improve a portion of Sixth Street, and to construct a bridge thereon across Channel Street.

[Approved April 3, 1876.) The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Whenever the owners of three-fifths in value, petitions for on the assessment roll preceding the passage of this Act, of

the real estate situated and fronting on Sixth Street, from the
southeasterly line of Market Street to the westerly line of
Tennessee Street, in the City and County of San Francisco,
as said owners are or shall be named in the last preceding
annual assessment roll for State, city, and county taxes, pro-
vided that said parties still remain owners, shall petition the
Board of Supervisors of said city and county, in writing,
for the extension of Sixth Street, from its intersection with
Tennessee Street, to Illinois Street; and for the taking of
private property therefor, as herein provided; and for the
grading, macadamizing, and improving a portion of Sixth
Street, and the construction of a bridge thereon across Chan-
nel Street, according to the provisions of this Act, the said
Board of Supervisors shall, within thirty days thereafter,
authorize and empower the Board of Commissioners, herein-
after appointed, to open and establish, or cause to be opened
and established, an extension of Sixth Street, as herein
provided for; and to take private lands therefor; and to
grade, macadamize, and improve a portion of said Sixth
Street; and to construct a draw-bridge thereon across Chan-

a
nel Street, under the provisions of this Act.

SEC. 2. The Mayor of the City and County of San Fran

cisco, the Auditor of said city and county, and the City and be Commis County Surveyor thereof, and their successors in office, are

hereby constituted a Board of Sixth Street Commissioners, and as such shall possess all the powers and perform all the duties prescribed by this Act; and who shall, within thirty days after the authorization of said work and improvements, and the extension of said Sixth Street, by said Board of Supervisors, proceed to organize by the election of a Presi. dent and Secretary. Before entering upon the discharge of their duties as such Commissioners, each of them shall take and subscribe an oath before the County Judge of said city and county, that he will, to the best of his ability and without fear or favor, perform all the duties required of him by this Act; which oath shall be filed by the Clerk of said Court therein. Said Commissioners shall each receive a compensation of five hundred dollars for their services under this

Act. Said Board is hereby authorized to employ such c. clerks, attorneys, surveyors, architects, draughtsmen, laborers,

searchers of records, and other assistants as may be necessary; and to hire suitable offices for the transaction of its

Mayor, Auditor, and Surveyor to

sioners.

Board to employ as

business, at a rental not to exceed fifty dollars per month. Said Board may examine parties and witnesses in all proceedings before them hereunder upon oath; and each Commissioner shall be and is hereby authorized to administer oaths for that purpose. Witnesses may be compelled to attend before the Board, and testify, by subpoena issued from the said County Court upon the application of either of said Commissioners, or of any party interested. Two of said Commissioners shall constitute a quorum for the transaction of all business. Said Board shall adopt and procure an official seal, which may be used to verify their official acts.

SEC. 3. Said Commissioners, when organized, are hereby Powers and empowered and authorized to take possession of said Sixth us of Street, from Townsend Street to Tennessee Street, and cause sioners. the same to be graded, macadamized, and improved, from said Townsend Street to said Tennessee Street, wherever necessary; and cause to be built and constructed a draw-bridge across Channel Street, at its intersection with said Sixth Street, which bridge shall be of sufficient width to allow carriages and vehicles of every description to meet and pass with safety thereon. The said grading and improvements of said Sixth Street, and the said bridge, shall be constructed of good material and in a good and workmanlike manner, and of sufficient endurance and strength to admit the passage thereon of heavily-freighted teams, trucks, and wagons; and said bridge shall have a draw or opening, in the centre of the channel of said Channel Street, of sufficient width (not less than thirty-five (35) feet in width), as will admit the passage of all ships or boats navigating the waters thereof; and said Commissioners are also hereby empowered, authorized, and directed to take possession of and open, grade, and macadamize, under the provisions of this Act, the extension of said Sixth Street, from the westerly line of Tennessee Street to the westerly line of Illinois Street, as said Sixth Street is hereby extended, created, laid out, and dedicated in section four of this Act. Said grading, macadamizing, and improvement of the whole of said Sixth Street, including the building of said bridge, shall be done and made upon and according to the grade thereof, as the same has been or may be established by the Board of Supervisors of said city and county and the said Board of Supervisors is hereby authorized and directed to establish the grade of said Sixth Street, as extended or otherwise, and to adjust the grades of cross-streets intersecting therewith, and directed to pass all necessary orders and ordinances for that purpose.

SEC. 4. The following described piece of land, situated in Description the City and County of San Francisco, to wit: Beginning at a point where the center line of Sixth Street intersects the westerly line of Tennessee Street; thence southeasterly (but in a direct line or course, agreeing with the present direction or course of said Sixth Street, as it extends from Market Street to Tennessee Street) along the said center line of Sixth Street produced and created, to the westerly line of Illinois Street, and intersecting therewith said Sixth Street, so as to be hereby opened, to be laid out to a width of forty-one feet

of line of street.

bridge, grading,

,

three inches on each side of said center line of Sixth Street produced and created, from the westerly line of Tennessee Street to the westerly line of Illinois Street, and of the width aforesaid on each side of said center line, 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 the said street shall hereafter be

known and designated as Sixth Street. Building of SEC. 5. Before proceeding to, or with the construction of

said bridge, or the improvement of said street or any part inacadamiz- thereof, or the taking of said private lands or any portion proposals for. thereof, or the extension of said Sixth Street or any part

thereof, or the performance of any of the work or improvements herein provided for, the said Board of Commissioners shall cause to be prepared, and shall adopt plans and specifications for the construction of said bridge, the improvement and grading of said street, and the extension thereof, as herein provided, and shall 'deposit a copy thereof with the Clerk of said County Court, who shall file the same in his office for public inspection, and the Board shall keep the original thereof in the office of said Board daily, during ordinary business hours, for the inspection of all parties interested; and said Board shall cause to be published, for at least thirty days, in two daily newspapers printed and published in the City and County of San Francisco, an advertisement, inviting sealed proposals for the grading, macadamizing, and improving the said Sixth Street, for the construction of said bridge, and for the opening, grading, macadamizing, and the improvement of the said extension of said Sixth Street. Said proposals shall be addressed to the President of said Board, and shall contain a bid for the grading, macadamizing, and improving said Sixth Street, the building of said bridge, and the opening, grading, and macadamizing the extension of said Sixth Street, or either thereof, according to the plans and specifications adopted by said Board, and shall state the names of the proposed sureties, and be accompanied by their written consent to become sureties in case of the acceptance of the bid.

SEC. 6. Within one week after the expiration of the time specified in said advertisement for the presentation of said proposals, the said Board of Commissioners shall meet and in public open all proposals that may have been received for the construction of said bridge, the grading, macadamizing, and improvement of said Sixth Street, and the opening, grading, and macadamizing the extension of said Sixth Street, or either thereof separately, according to said plans and specifications, and shall award the contract for the construction of said bridge, the grading, and macadamizing, and improvement of said Sixth Street, and the opening, grading, and macadamizing the extension of said Sixth Street, or either of the three subdivisions of said work separately, to the lowest responsible bidder or bidders; provided, always,

Awarding of contruct.

bond,

that said Board shall have the power to reject any and all bids received; and provided further, that said bridge shall not cost to exceed the sum of five thousand dollars; and provided, that no party or parties to whom the contract for said work, or any part thereof, may have been awarded, shall

ave the right to sub-contract the aid work, or any part thereof, to any other person or persons, under penalty of a forfeiture of his or their bond.

SEC. 7. The person or persons to whom the contract for Contractors' the performance of said work, or any part thereof, may be awarded, shall file a good and sufficient bond, payable to the City and County of San Francisco, with two or more sufficient sureties, in double the amount of his or their respective bids, to be approved by said Board of Commissioners, and conditioned to the effect that the obligers will well and truly, and in a good and workmanlike manner, cause the work so awarded to him or them, as the case may be, to be done and completed in accordance with the said plans and specifications within twelve months after the said bid shall have been accepted, or within such further time as said Board, for good cause shown, may grant; provided further, that no more than seventy-five per cent. of the amount or amounts agreed upon to be paid for said work, or any portion thereof, shall be paid as the work progresses, and the remainder shall be paid as may be agreed upon by the terms of the contract.

SEC. 8. The amount of the contract price or prices for the Expenses performance of said work, the taking of the private property how as and lands for the extension of said Sixth Street, as herein sessed. provided for, the salaries of the Commissioners, as herein fixed, the pay of their office rent, clerks, counsel, maps, draughtsmen, architects, surveyors, searchers of records, laborers, and all other expenses whatever incidental to this Act, and the carrying on and completion of said work herein provided for, together with the interest or [on] receipts and warrants to be issued, as hereinafter provided, are hereby made, and shall be deemed and held to be the cost of the construction thereof, and the aggregate amount of such cost shall be assessed on the land mentioned and described in section nine of this Act, in proportion to the benefits accruing to said lots, subdivisions, and pieces of land respectively, by reason of this Act, and of the doing of said work, and the extension of said street; and the decision and finding of said Board as to the amount of the benefits accruing to said lots, subdivisions, and pieces of land respectively, for the reasons aforesaid, shall be prima facie evidence of such benefits thereto; but in no case shall the amount of any assessment upon any of said lots, subdivisions, or pieces of said land exceed the amount of the benefit found and adjudged by said Board to have accrued thereto.

SEC. 9. The land referred to in the preceding section of samo. this Act, as those upon which the cost of said work and improvements, including the building of said bridge, and the extending of Sixth Street, and the taking of private property therefor (as said cost is herein defined), shall be assessed, and all the lots, subdivisions, and pieces of land adjoining to and

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