Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-20

| uiiASSa ~ SosAihaoOJ AZ PAOpOietVh W OShSheo
on the property to be affected or benefited,
shall be levied, collected and paid into the
city treasury before such work or improve
ment shall be commenced, or any contract
for letting or doing the same is authorized"
In the case referred to, the Supreme Court
says: I'm our opinion this Section 10, of
Art XI requires no legislation to enforce
it; and further, that the provisions of the
Act of April l, 1872, authorizing the Super
intendent of Streets, etc., of the city and
county of San Francisco to execute the con-
tract under consideration, ceased to be oper-
alive on the LIST day of January, 1886, as in
consistent with the section referred to-" 1t
would be foreign to my purpose to examine
here the provisions of the Consolidation Act
on the subject of street improvements,
to see how far the provisions of
that Act are imperative by reason of
this section Q9) of the new Constitution, and
whether or not any street work can be done
at the expense of private property where any
one property-owner objects. My object is to
examine the charter of the city of Sacra-
mento and see whether its provisions are
sufficiently flexible to authorize the Board of
Trustees to require street improvements to be
made at the expense of property owners,
where a majority of the frontage is repre-
sented by owners who are in favor of having
the work done. Article IL of our city char
ter found in session laws of 1868, page 433,
and Acts amendatory thereof, contains the
provision on the subject. The proceedings to
require street work to be done are commenced
in one of two ways: First, on q petition
signed by persons owning majority of the
| frontage or second, by order of the Board of
| Trustees after publication of notice of their
intention for period of ten days, unless a
remonstrance be presented, signed by persons
owning a majority of the frontage. In this
way under the provisions of the city charter,
the Board of Trustees acquired jurisdiction
ed to advertise for bids, let the
work to the lowest bidder, entered
into a contract, and proceed to estimate
the expense, assess the amount upon the
property fronting sat rate of per foot suf-
| fcient to cover such total expense of the
work on each block, etc. The next step is
found in Section 81, the essential part of
which provides that when required by the
President, the Assessor shall make list,
which shall state value, percentage or assess
ment per foot, as the case may require, for each
separate parcel of land liable for improve
ments made or about to be made, which shall
be handed to the Auditor. The Auditor
shall make certified copy of said roll and
deliver the same to the Tax Collector within
five days after the said original roll has been
received by him. The Tax Collector shall
cause a copy of said roll to be published in
some newspaper, to be designated by the
President of the Board of Trustees, for
period of five days. He shall, i'm
mediately after said publication, proceed
to collect the assessed tax for twenty days
after the FIVE days publication have expired.
After the twenty days he shall Immediately
make out list of all deiinquents, which shall
be handed by him to an attorney at law, to
be named by the Board OF Trustees. and SAID
attorney shall proceed to sue for, collect and
recover said delinquent tax" etc.
From the foregoing it will be seen that the
! collection of an assessment for street work Is
IN no way made dependent on the completion
of the werk The only seeming conflict In
our city charter with the new constitu-
tional provision is in the order of time in
which provision is made for letting con-
tract for the work. 1t authorizes letting the
work, contracting for the work and perform
| ing the work before the money to pay for the
work is collected. By Section 10, Ar
ticle XII, of the new Constitution this Is
forbidden But | maintain that the order
of time within which the contract Is author
| lied under our city charter can be made to
conform to the constitutional requirements.
| The only change would be to make, or cause
to be made, an estimate of the expense of the
work, then make out the assessment, collect
| the money, and after that contract for the
work. The city charter is silent as to how
the expense of the work is to be ascertained
before levying the assessment. The practice
has been to use the lowest bid at which the
work was contracted, and add thereto the
necessary expenses-such as advertising, sur
yeying, etc.-and levy pro rata of the ex-
pense so ascertained on each foot fronting on
the street where the work was to be done.
That was the ascertained, actual expense OF
the work, and no other sum could rlghtfully
be taken or used. But the new Constitution
has changed the rule, doing away with the
ascertained, actual cost of the work, as a
basis for the assessment, and substituting an
estimate as the basis. Under the workings
of our city charter, under the old Copstltu-
ton, it was not unfrequently the case that
all or nearly all, of the assessment was col
lected and in the city treasury before the
work was actually done.
Under the new Constitution the law
can be used for street work with the
same. IL not better effect, certainly
with more economy, than under the old, as
bids will be lower with the money in the
city treasury. When the owners OF ma
iority of frontage desire any street improve.
ments, let them petition. or let the Board
advertise intention as before, and after
proper proceedings under the petition or
published intention, let the Board of Trus-
tees obtain. through the City Surveyor, an
estimate of the expense of the work. There
upon let the Board levy an assessment In
proportion 20 frontage ''at rate Of per foot
sufficient to cover such total lestimstedl ex'
pense Of the work on each block" and there
after let the President of the Board direct
the Assessor to make out list, etc, as re-
quired under Section 81, before referred to,
and let those proceedings be continued until
the money called for by the assessment Is
collected and paid into the city treasury
after which let the Board advertise for bids,
award the work, enter into contracts with
the lowest bidders, giving the property
owners the preference OF doing the work II
D front OF their own property, etc. can set
no legal objections in the way OF street I'M
D proyements being carried on if this order
proceeding be observed. II.
: o. E. S.-OFFIc1AL VIsIT.-Last nigh
: Mrs. S. Jennie Mann, Worthy Grand Matrol
+, of the o. E. S., made an official visit t
. Naomi Chapter, No. sc, in this city. Ate
: an exemplifcation of the work, reireshment
: were served and pleasant time enjoyed b.
r all present. Mrs Mann goes to WOODLAND
r today, accompanied by the officers and sew
. | eral members of Naomi Chapter, by whom
!. she will be assisted in instituting Chapte
AZ that place this evening. The conveyanc
taking the party win leave Masonic Tempt
at !, o'clock P, NJ to-day.
ORDER OF CAucAsIASs.-The followin
;, have been chosen as officers of Camp l, u
:. der of Caucasians. for the term OF 81
/ months ensuing, and indicted to office