The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-25
Some Valuable Suggestions on
the Methods Now in Use
in San Francisco-There
Is Ample Room for Inn
provement in the Law.
Written FOR. THE CALL
By ERNEST MCCULLOUGH.

The law provides for doing all work on
streets and there is no authority given the
CITY Council to have work done by any
other method.
To improve street there must first be q
resolution of intention passed, published
and posted. 1t is for the purpose of noti-
flying the people IN front OF whose property
the street is to beimproved that such work
is contemplated. A sufficient time is
given in which majority may protest
against the doing of the work, and such
protest bars further proceedings for pc
Rod of six months, after which the Coun-
Gil may again begin. The people can be
heard once and once only. No protest
can avail against second proceedings. 1t
is at the option of the Council to stop pro-
ceedings for a longer period than six
months, and oftentimes when the prop
erty-owners can show that the hardship
they will suffer from having to pay for the
work will more than balance the benefit
derived proceedings are indefinitely post
poned.
If no protest comes in within the time
permitted by law the Council acquires
jurisdiction and the work is formally
ordered. Bids are advertised for and the
lowest responsible bidder secures the
work. Before he can sign the contract,
however, period of ten days must eiapse,
during which time notice of the award
is posted and the property given
an opportunity to see whether the work
can be done at lower figure. They can
in the ten days elect to take the work
themselves at the same or lower figures or
bring forward some other contractor to do
it. This should be protection against
pooling.
This action of the property-owners is
often called a private contract, but the
law reads as tn Tough it was to be entered
into with the Street superintendent.
Three-fourths of the owners of property,
or their authorized agents, may elect to
do the work, and this clause i'll the law is a
protection to the contractor, for up to
the time the contract is ST. ned all the pro-
ceedings must be very carefully gone
through with, and the slightest viola ton
of any provision makes the contract null
and void. The contractor may have had
the proceedings carefully examined and
found regular. The work will be finished
and demand made upon the owners for
payment.
Then some man employs an attorney to
look for flaws, aud if any be found he re-
fuses to pay. The majority of the other
owners take the same stand, and the con-
tractor has no recourse. So technical have
been some of the decisions rendered that
it is common saying that the omission of
ba f5.0f - bo ha fho 4
Will kill an assessment. This, while an
exaggeration, is near the truth.
So, if the contractor enters into con-
tract with the Street Superintendent in
regular course ne takes certain risk. If
he can be appointed agent for three
fourths of the owners to do the work and
enters into contract with the proper Off
cial he is in a better position. The pro-
ceedings up to the time he is elected to
take the contract should have no effect in
determining the validity of the assess
ment, for it can be proven that the work
was done with the consent of the owners,
and was, in reality. their act. This ques-
ton is one for lawyers to determine. The
presumption is in its favor, however.
Mistakes were so common in early days
and decisions were so surprising often
times that for time contractors were
afraid to take public contracts. Even now
there is said to be one man in this City so
we'll known TO contractors as kicker that
when he is found to own property on
blocks to be improved no one can be found
to do the work. Lawsuits are expensive,
and their results harder to prognosticate
than the winning number in a lottery. TO
take Job at a small profit and be COM
PEELED to fight through the courts for pay
ment is not satisfactory. And owing to
such things the so-called private con-
tract came into existence.
The private contract is one which is en-
tered into by the property owners and
some contractor and with which the Street
Superintendent has nothing to do except
to see that it is done in accordance with
the specifications governing all street
work. He issues no assessment for work
but simply employs an inspector to see
that it is carried out right and issues an
acceptance when the work is done. This
form of contract is better for the contractor
than the public contract and is favored by
the majority.
Dub Tie private COHCEdCI Is Ell AWKWARD
thing 70 deal with. It is harder for the
Street Superintendent to look after such
work properly than to look after public
work. Ii is hard to make property
understand that the City officials can
NEEDLE in their affairs. AS consequence
the chances are that poor work can more
easily be done under private contracts
than under public ones. It would be
better for the people and the contractors
as well if the law were changed.
The principal defect in the law as it now
stands is that payment is duefat once when
work is completed. The assessment
creates lien against the property, which
stands for two years. and the property
owners pay 10 per cent interest and attor-
neyss fees if sued within that time. Under
the private contract the owners make their
own terms with the contractor.
"A provision in the general street law pro-
vides that, if desired serial bonds may be
issued to represent the cost of the work.
Interest on these bonds is paid semi-annu-
ally and ore-fifth Of the principal every
two years. The bonds run for ten wears.
Many object to this as giving too long
time and that IN ten years the interest
charge may amount to great deal more
than the people care to pay. term of
five wears or even three wears wonld he hot