The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-04-13

SpeCCVely by SAID certified owners and
their successors in interest; but he
shall not include any grading quanti-
ties or credit any sums in excess Of the
proportionate assessments for the
whole of the grading which are made
upon any lots anC lands fronting upon
said street and belonging to any such
certified owners or their successors in
interest. When any owner or owners
Of any lots and lands fronting on any
street shall have heretofore done, or
shall hereafter do any work, except
grading, on such street, in front of any
block, at his or their own expense, and
the Supervisors shall subsequently or
der any work to be done of the same
class in front of the same block, the
work so done at the expense of such
owner or owners shall be excepted
from the order ordering work to be
done, as provided in subdivision ten of
this section; but the work so done at
the expense Of such owner or owners
shall be upon the official grade, and in
condition satisfactory to the Board of
Public Works at the time said order Is
passed.
Subdivision Ten-The Board of Pub
lie Works may include in the resolu-
ton of intention any of the different
kinds of work mentioned in this Chap
ter, and it may except therefrom any
OF said work already done upon the
street to the official grade. The lots
and portions Of lots fronting upon said
accepted work already done shall not
be included in the frontage assessment
for the class of work from which the
exception is made; but this shall not
be construed so as to affect the special
provisions as to grading contained in
subdivision nine of this section.
Subdivision Eleven-When the reso-
luton Of intention declares that the
expense Of the work and improvement
Is to be assessed upon district, i'm
mediately after the contractor has full
filled his contract to the satisfaction
of the Board Of Public Works, or to
the satisfaction of the Supervisors on
appeal, the Board Of Public Works
shall proceed to estimate upon the
lands, lots, or portions of lots within
said assessment district, as shown by
the diagram provided for in section five
Of this Chapter, the benefits arising
from such work. and to be received
by each such lot, portion of such lot,
piece or subdivision of land, ana
shall thereupon assess upon and
against said lands in said assessment
district the total amount of the ex-
penSe of such proposed work, and in
so doing shall assess said total sum
upon the several pieces, parcels, lots,
or portions of lots, and subdivisions of
land in said district benefited thereby,
to w.t. Upon each respectively in
proportion to the estimated benefits
to be received by each of said several
lots, portions of lots, or subdivisions Of
land. In other respects the assessment
shall be as provided in this Chapter.
Sec 10. If at any time there shall be
any street work or improvement done,
and none of the methods hereinbefore
provided are legally sufficient to au-
n,-i1 hn I'd Of Drah1 10 n
make an assessment to pay for the ex-
pense thereof, then said Board shall,
before it passes a resolution of its in
tention to recommend the ordering of
said work or improvement, establish
by resolution a method by means of
which such ass essment shall be made;
and on the completion of the work or
improvement to the satisfaction of said
Board, or to the satisfaction of the
Supervisors on appeal, said Board shall
make an assessment to pay the eX-
pense thereof according to the method
established by said resolution.
Sec. II. In making all assessments
the Board of Public Works shall act
as a Board, and the assessment shall
be authenticated by the signatures of
all the members thereof.
Sec. u. To said assessment shall be
attached a warrant which shall be
signed by the President of the Board
of Public Works and counterslgned by
the Secretary, thereof. Said warrant
shall be substantially in the following
form:
By virtue hereof the Board of Pub
lie Works of the City and County of
San Francisco, by the authority vested
in il, does authorize and empower
(name of contractoD CHS or their)
agents, or assigns, to demand and re-
ceive the several assessments upon the
~ 1ioc al
tached, and this shall be (his or their)
warrant for the same.
(Date)- Name of President of
Board of Public Works.)
Countersigned by Name of Secre-
tary of Board of Public Works.)
Said warrant, assessment and dia-
gram shall be recorded in TIE office of
the Board. When so recorded the sew
eral amounts assessed shall be n lien
upon the lands, lots, or portions Of lots
assessed, respectively for the period OF
two years from the date of said record
ing, unless sooner discharged; and
from and after the date of said record
ing of any warrant, assessment and
dia gram, all persons interested in said
asse ;ssment shall be deemed to have no
tice If the contents Of the record
thereof.
After said warrant, assessment and
diagram are recorded, the same shall
be delivered to the contractor, or his
agent or assigns, on demand, but not
until after the payment to the Board
oe the incidental expenses not previ-
ously paid by the contractor or his as
signs BY virtue of said warrant said
contractor, or his agents or assigns,
shall be authorized to demand and re-
ceive the amount of the several assess
ments made to cover the sum- due fer
the work specified in such contracts
ond assessments.
When it shall appear by the final
Judgment of any court in this State
having jurisdiction to render such judg-
ment that any suit brought to foraclose
the lier of any assessment for street
work made under this Chapter, or in
the recording thereof, has been defeated
By reason of any defect, error, infor-
mality, omission, irregularity, or ille-
ga ity, thereof or therein, or in the re-
turn on the warrant issued pursuant to
any such assessment, or in the record
ing Of any such warrant, any person in
tercsted therein may, at any time with
in seven months after the entry of said
fina, judgment, apply to the Board for
another assessment to be Issued in con-
formity to law; and the board shall,
within sixty days after the time of
said application, make and deliver 70
said applicant new assessn ant, dia-